Order Approving Settlement with Benjamin Lowder

Order Approving Settlement with Benjamin Lowder

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Hearing Held on Claims Resolution Methodology

On January 24, 2018, the Bankruptcy Court conducted a hearing on the proper methodology for calculating claims in the various Siskey-related bankruptcy cases.  The Bankruptcy Court expressly reserved making a final ruling as to any particular claim until after the upcoming hearing to consider evidence on specific claims, which hearing is scheduled for February 5, 2018 at 9:30 am in Bankruptcy Courtroom 1-4 at 401 W. Trade Street, Charlotte, North Carolina.

Notwithstanding, the Bankruptcy Court expressed approval of the Trustee’s proposed net investment method for calculating claims in the TSI Holdings, LLC, WSC Holdings, LLC, and SouthPark Partners, LLC bankruptcy cases.  The Bankruptcy Court took under advisement the arguments made with respect to the treatment of claims in the Sharon Road Properties, LLC case.

Trustee Joseph W. Grier, III has filed his  Memorandum of Law in support of the Trustee’s First Omnibus Report of Claims, Objections to Claims, and Recommendations Regarding Claims as to TSI Holdings, LLC, WSC Holdings, LLC, SouthPark Partners, LLC, and Sharon Road Properties, LLC  addressing the responses filed thereto, as well as an Affidavit of Edward P. Bowers Regarding Sharon Road Properties, LLC.  The Court will hold hearings on January 24, 2018 at 9:30 am Bankruptcy Courtroom 1-4 at 401 W. Trade Street, Charlotte, North Carolina to consider legal issues raised in the responses filed as to Trustee’s Claims Report, including challenges to the proposed net-investment method of claims determination, and on February 5, 2018 at 9:30 am in the same court room to hear any evidence with regard to responses filed as to the Trustee’s Claims Report.

Trustees Memorandum of Law in Support of Claims Report

DE154 – Amended Affidavit of Ed Bowers – Trustee Brief ISO Claims Report

 

Order on Motion for Reconsideration

The Motion for Reconsideration was granted at the January 8, 2018 court hearing.  The Trustee is relieved from re-noticing a new response period as to the Claims Report at this time.  As previously ordered, the Court will hold a hearing on claims’ determination methodology on January 24, 2018 at 9:30 a.m. in the Bankruptcy Courtroom in the Charles Jonas Federal Building, 401 W. Trade St., Courtroom 1-4, Charlotte, NC.

 

Siskey Order

Trustee’s Motion for Approval of Settlement with Denise Rhodes

The Motion requests approval of a settlement with Denise Rhodes for the sum of $220,000.00 after a demand for $250,008.58 in life insurance proceeds received after the death of Richard Siskey. If you agree with the relief requested then you do not need to respond or attend the Court hearing thereon. If you do not want the Court to approve the Motion or if you would like the Court to consider your views on the Motion then on or before January 31, 2018 you or your attorney must file with the Court a written response explaining your position and requesting the Court consider your position. Any response should also be served upon the Trustee. If responses are filed, the Court will hold a hearing on the Motion on February 12, 2018 in the Bankruptcy Courtroom in the Charles Jonas Federal Building, 401 W. Trade St., Courtroom 1-4, Charlotte, NC.

 

Motion to Approve Settlement with Denise Rhodes

Motion to Approve Settlement with Denise Rhodes Exhibit A

Trustee’s Motion to Reconsider Bench Order (A) to Re-Notice Response Deadline Regarding Trustee’s Claims Report and (B) Setting Claims for Claimants not Filing Responses

On January 3, 2018, Tobitha Deese filed a response to the Trustee’s motion asking the Bankruptcy Court to reconsider a bench order by (a) relieving the Trustee from immediately re-noticing the Trustee’s claims report and (b) not solidifying the claims of those claimants who did not file a response to the claims report.  A copy of Deese’s response is attached.

Also on January 3, 2018, the Trustee filed a reply to Deese’s response, which is also attached. The hearing on these issues will be held on January 8, 2018 at 9:30 A.M. in Bankruptcy Courtroom 1-4 in the United States Courthouse, 401 West Trade Street, Charlotte, North Carolina.

  DE145 – Tobitha Deese – Response to Motion to Reconsider

DE147 – Reply to Deese Response to Motion to Reconsider

Trustee’s Motion for Approval of Settlement with Benjamin Lowder

The Motion requests approval of a settlement with Benjamin Lowder for the sum of $220,000.00 after a demand for $250,008.58 in life insurance proceeds received after the death of Richard Siskey.  If you agree with the relief requested then you do not need to respond or attend the Court hearing thereon.  If you do not want the Court to approve the Motion or if you would like the Court to consider your views on the Motion then on or before January 25, 2018 you or your attorney must file with the Court a written response explaining your position and requesting the Court consider your position.   Any response should also be served upon the Trustee.  If responses are filed, the Court will hold a hearing on the Motion on February 12, 2018 in the Bankruptcy Courtroom in the Charles Jonas Federal Building, 401 W. Trade St., Courtroom 1-4, Charlotte, NC.

SiskeyMotiontoAppLowder

SiskeyLowderSAfiled