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Contract: Other | New Jersey
Statement
STATEMENT /Plaintiff's Second Monthly Distribution Statement by BANK HAPOALIM B.M.. (Attachments: # 1 Exhibit A to SMDS - Recorded Greenville Mortgage, # 2 Exhibit B to SMDS - Closing Statement, # 3 Certificate of Service)(BOUGIAMAS, JOHN)
Text Order ~Util - Terminate Motions
TEXT ORDER: This matter comes before the Court upon the Receiver's August 25, 2026 letter. To the extent the Receiver is seeking Court approval to transfer amounts in the Collection Account to the Operating Account to reduce protective advances (see ECF Nos. 58 & 68 ), the requests are DENIED. Pursuant to the Receivership Order, "[t]o the extent there is not sufficient cash in the Operating Account, Plaintiff will provide protective advances for the payment by the Receiver of any outstanding fees, expenses, and operating expenses of the Receivership Estate in accordance with the Budget or as otherwise ordered by the Court[.]" (ECF No. 29 at 6(b)). The Order further provides that the "Receiver need not obtain Court approval prior to the disbursement of Receivership funds from the Operating Account for expenses in the ordinary course of the administration and operation of the Receivership, which expenses shall include, without limitation, reimbursement to Plaintiff of any advances made by Plaintiff to Receiver to fund expenses set forth in the Budget." (Id.) Paragraph 6(e) permits Plaintiff to recover "payment for all amounts previously collected by Receiver... as part of a final distribution in this action or such earlier date that is approved by the Court." The Court does not find good cause to approve the transfer of amounts from the Collection Account at this time. With regards to the Receiver's request that the Court authorize "it to retitle abandoned equipment and vehicles in Defendants' name(s), so that the Receiver may sell same" (ECF No. 69 ), the Receiver shall file a supplemental letter as to why paragraph 9 of the Receivership Order, "General Powers" ("The Receiver shall have all powers, authorities, rights and privileges heretofore possessed by... Defendants under applicable state and federal law... in addition to all powers and authority of a receiver at equity, and all powers conferred upon a receiver by the provisions of 28 U.S.C. § § 754, 959 and 1692, Federal Rule of Civil Procedure 66 and the Local Rule") and paragraph 11 ("Receiver is authorized to... take possession, custody and control of the Receivership Property" including vehicles) are insufficient thereby requiring further Order by this Court. As to the Receiver's requests (ECF No. 70 , 92 & 102 ) that the Court "SO ORDER" and authorize it to accept payment of certain outstanding accounts receivable "in full satisfaction" so that Defendants' customers will no longer be obligated to the Receivership Estate or Defendant's subcontractors who are associated with these invoices, the Receiver shall also file a supplemental submission identifying the provision in the Receivership Order that permits such an order as well as any legal authority that permits this Court to provide such a release on behalf of Defendants' customers in a receivership. The supplemental submissions shall be filed within fourteen (14) days of this Text Order. The Motion at ECF No. 90 & 91 has been addressed by the Court. The Clerk's Office is directed to terminate the Motion pending at ECF No. 90 . Finally, the Receiver's Motion to Stay (ECF No. 66 ) will be decided in due course. So Ordered by Judge Georgette Castner on September 28, 2026. (jmh)
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