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Ameritrans Capital Corporation
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Order | Filed: September 21, 2015 | Entered: September 21, 2015 Securities and Exchange Commission v. Stein et al
Securities/Commodities | New York Southern
Order
ORDER. IT IS HEREBY ORDERED THAT: The Notice, and the Receiver's final report included therein, is proper and establishes the grounds to close the Receivership as a result of the Receiver's discharge of his duties under the Receivership Order, and as further set forth in this Order. A final distribution to investors in the total amount of $759,000.00 (the "Final Distribution") as proposed by the Receiver in the Notice is approved and authorized. The Receiver shall immediately make payment of the Final Distribution in accordance with the pro rata percentages and amounts for each individual investor specified in Exhibit 2 to the Notice, and as further set forth herein. The previously-approved interim distribution for claim ST101 in the amount of $1,436.65 should be and hereby is disallowed and the $1,436.65 should be and hereby is reallocated into the aggregate amount to be distributed pro rata as the Final Distribution. Further, the entire claim amount of $42,838.15 for claim ST101 should be and hereby is disallowed and forever barred. The disallowed claim amount of $42,838.15 shall not be included in the pool of approved claims for calculation of the pro rata distribution percentages and amounts in the proposed Final Distribution. The Receiver shall establish and maintain a reserve for federal and state taxes in the amount of $25,000.00 (the "Tax Reserve"), and as further specified further in this Order. The Receiver's application for approval and authorization to pay professional fees and expenses included in the Notice is approved, and the Receiver shall make the following payments for professional fees and expenses incurred as a result of services rendered to the Receivership Estate during the period from July 2013 through August 2015: a) Receiver: $22,025.43; and b) The Receiver's Counsel, Phillips Murrah P.C.: $68,302.39. The Receiver shall also retain reserve funds (the "Expense Reserve") in the total amount of $48,000.00 consisting of: (i) $30,000.00 to be used for the payment of fees and expenses incurred by the Receiver administering the conclusion of the Receivership Estate and implementing the terms of the Court's order terminating the Receivership; (ii) $5,500.00 to be used for payment of fees and expenses incurred by the Receiver's tax advisor in concluding the Receivership Estate's tax matters, and (iii) $12,500.00 to be used for the payment of legal fees and expenses incurred by the Receiver's Counsel in the course of assisting in the conclusion of the Receivership and implementation of the terms of the Court's order terminating the Receivership. If the combined funds remaining in the Tax Reserve and the Expense Reserve after December 31, 2017, exceed $2,500.00, the Receiver is authorized and directed to make a supplemental final distribution in accordance with the pro rata percentages for each individual investor specified in Exhibit 2 to the Notice, provided that the costs of making such a supplemental final distribution do not exceed the amount to be distributed. If the combined funds in the Tax Reserve and the Expense Reserve are equal to or less than $2,500.00, the Receiver is authorized and directed to pay those funds to the Clerk of the Court for the United States District Court for the Eastern District of New York, and as further specified and set forth in this Order. (Signed by Judge Richard J. Sullivan on 9/21/2015) (rjm)
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Order | Filed: September 02, 2015 | Entered: September 02, 2015 Securities and Exchange Commission v. Stein et al
Securities/Commodities | New York Southern
Order
ORDER: The Court is in receipt of the Receiver's Notice of Termination and Request for Discharge and accompanying exhibits, dated September 1, 2015. (Doc. No. 277.) Consistent with the provisions of Local Civil Rule 6.1(b), IT IS HEREBY ORDERED THAT the deadline to submit any objections or responses to the Notice shall be September 16, 2015. (Signed by Judge Richard J. Sullivan on 9/1/2015) (mro)
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Order | Filed: July 16, 2015 | Entered: July 17, 2015 Securities and Exchange Commission v. Stein et al
Securities/Commodities | New York Southern
Endorsed Letter ~Util - Set Deadlines
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Melvin R. McVay, Jr. dated 7/16/2015 re: Updating the status of Receivership Estate's affairs. ENDORSEMENT: IT IS HEREBY ORDERED THAT, by September 1, 2015, the Receiver shall make its contemplated motion or file a letter providing an update as to the status of its efforts to terminate the Receivership Estate and make distributions to victims. (Motions due by 9/1/2015.) (Signed by Judge Richard J. Sullivan on 7/16/2015) (spo)
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