United States District Court, W.D. Missouri, Western Division
ORDER APPROVING AND CONFIRMING SALE OF REAL AND
PERSONAL PROPERTY LOCATED 78 SCENA CT, SUNRISE BEACH,
KAYS, UNITED STATES DISTRICT COURT JUDGE.
matter comes before the Court to approve the sale of 78 Scena
Ct., Sunrise Beach, Missouri and related property pursuant to
28 U.S.C. §§ 2001(b) and 2004. Eric L. Johnson, the
duly appointed receiver (the
“Receiver”) of TB2 Partners, LLC
(“TB2”), requests entry of an
order, inter alia, authorizing the Receiver to sell
and convey, the real and personal property located at 78
Scena Ct., Sunrise Beach, Missouri.
hearing on this proposed sale (the
“Sale”) was held on June 17,
2019 (the “Sale
Hearing”). To the extent not
withdrawn, any objections to the Sale are hereby deemed
THE REASONS STATED IN THE MOTION TO APPROVE THE SALE (DOC.
291), ON THE RECORD AT THE SALE HEARING, AND THOSE DETAILED
IN THIS ORDER, THE COURT FINDS AND DETERMINES THAT:
July 17, 2018, the Court entered a Temporary Restraining
Order (“TRO”) appointing the
Receiver as the temporary receiver for certain of the
Corporate Defendants (Doc. 98).
September 6, 2018, the Receiver submitted Notice of Temporary
Receiver's Determination of Additional Receivership
Entities after determining that TB2 should be designated a
Receivership Entity (Doc. 185).
owns a lake house at 78 Scena Ct., Sunrise, Missouri (the
“Lake House”), legally described
All of Lot Number 1657-1 of a RESUBDIVISION OF LOTS 1657,
1658, AND 1659, LA RIVA EST NO. 3, as shown on the plat of
said subdivision, filed for record in Plat Book 82, at Page
21, in the Recorder's Office of Camden County, Missouri.
Lake House is subject to a deed of trust securing the debt
held by Bank of America (“BOA”).
As of June 14, 2019, BOA asserts a debt owed of approximately
$1, 580, 603.03.
Receiver subsequently entered into a Seller's Agency
Listing Contract (Exclusive Right to Sell) (the
“Listing Agreement”) with RE/MAX
Lake of the Ozarks (the
“Realtor”) with respect to the
Lake House. The principal agent of Realtor is Jane Kelly.
March 2, 2019, the Parties filed with the Court their
Stipulated Order for Permanent Injunction and Monetary
Judgment (the “Stipulated
Order”) (Doc. 263). The Stipulated Order was
entered on March 13, 2019 and the Receiver became the
permanent receiver of TB2 (Doc. 264).
Pursuant to the Stipulated Order, the Receiver was empowered
to serve as “Manager” of TB2 and was authorized
to take any action necessary to perform his duties as Manager
of TB2 including, without limitation, executing any required
titles, deeds, bills of sale, or similar documents (Doc. 263,
April 22, 2019, the Receiver filed his Motion to Approve
Sale Procedures Related to Sale of 78 Scena Ct,
Sunrise Beach, Missouri and Related Property (the
Motion”) (Doc. 278). The Procedures
Motion was granted on May 10, 2019 (“Procedures
Order”)(Doc. 283). The Procedures Motion and
Procedures Order were subsequently modified by Court in order
to designate The Reporter as the authorized paper of
general circulation (Doc. 290 and 293).
CP-RE3, LLC and the Receiver entered into a Real Estate
Purchase Agreement (the “Sale
Contract”) related to the Lake House and the
personal property identified in the Sale Contract (together
with the Lake House, the “Lake House
Property”). On May 23, 2019, the Receiver
filed his Motion for an Order Authorizing Proposed Sale
of Real and Personal Property at 78 Scena Ct, Sunrise Beach,
Camden County, Missouri (the “Sale
Court has jurisdiction to hear and determine the Sale and
Sale Motion and venue is proper pursuant to relevant law,
including but not limited to 28 U.S.C. §§ 2001(b)
Sale is predicated upon 28 U.S.C. §§ 2001(b) and
evidenced by the Certificate of Service in the Sale
Motion and such other evidence as submitted on the record,
notice was served via the Court's electronic filing
system on those parties receiving electronic notice by such
system. Further, 28 U.S.C. § 2001(b) requires ten
days' publication notice of a proposed sale. On May 28,
2019, the Court designated The Reporter as the
authorized paper of general circulation. Notice of the
proposed sale was published in The Reporter on May
29, 2019, June 5, 2019 and June 12, 2019 (Doc. 300). The
Court finds the scope and manner of notice and service to be
proper, timely, adequate, and sufficient in accordance with
28 U.S.C. §§ 2001(b) and 2004. No. further notice
of the Sale, the Sale Motion or the Sale Hearing is or shall
reasonable opportunity to object or to be heard regarding the
Sale has been ...