Below are links to certain filings and court orders in the SEC’s lawsuit against the Defendants that may be of interest to visitors of this website. All filings, court orders, including other filings from the Receiver, the parties to the lawsuit, and other persons, are also available on the Document Filing System of the United States District Court for the District of Arizona, which is available at: https://ecf.azd.uscourts.gov/cgi-bin/ShowIndex.pl
12/04/2024: ECF286 - RECEIVER’S MOTION FOR ORDERS APPROVING: (I) (A) THE ENGAGEMENT AND COMPENSATION OF MARCUS & MILLICHAP REAL ESTATE INVESTMENT SERVICES AS BROKER FOR THE SALE OF REAL PROPERTY LOCATED AT 900 WEST MARION AVENUE, PUNTA GORDA, FLORIDA, AND (B) THE BIDDING AND AUCTION PROCEDURES FOR THE SALE OF THE PROPERTY; AND (II) THE SALE OF THE PROPERTY AFTER AUCTION, FREE AND CLEAR OF ALL LIENS, CLAIMS, ENCUMBRANCES AND INTERESTS
11/22/2024: ECF270 - ORDER (I) APPROVING (A) THE SALE OF THE REAL PROPERTY OWNED BY ATA HIRAM SQUARE GA, LLC, FREE AND CLEAR OF ALL LIENS, CLAIMS, ENCUMBRANCES AND INTERESTS, AND (B) GRANTING RELATED RELIEF
11/22/2024: ECF271 - ORDER (I) APPROVING (A) THE SALE OF THE REAL PROPERTY SUBJECT TO THE RIALTO PORTFOLIO AND LOCATED AT 60 COLONIAL PROMENADE PARKWAY ALABASTER, AL 35007 OWNED BY 60 COLONIAL PROMENADE PARKWAY ALABASTER AL, LLC, FREE AND CLEAR OF ALL LIENS, CLAIMS, ENCUMBRANCES AND INTERESTS, AND (B) GRANTING RELATED RELIEF
11/22/2024: ECF272 - ORDER (I) APPROVING (A) THE SALE OF THE REAL PROPERTY SUBJECT TO THE RIALTO PORTFOLIO AND LOCATED AT 752 S. ANDY GRIFFITH PARKWAY, MT. AIRY, NC 27030 OWNED BY 752 SOUTH ANDY GRIFFITH PARKWAY MT. AIRY NC, LLC, FREE AND CLEAR OF ALL LIENS, CLAIMS, ENCUMBRANCES AND INTERESTS, AND (B) GRANTING RELATED RELIEF
11/22/2024: ECF273 - ORDER (I) APPROVING (A) THE SALE OF THE REAL PROPERTY SUBJECT TO THE RIALTO PORTFOLIO AND LOCATED AT 1921 GALLATIN PIKE NORTH, MADISON, TN 37115 OWNED BY 1921 GALLATIN PIKE NASHVILLE TN, LLC, FREE AND CLEAR OF ALL LIENS, CLAIMS, ENCUMBRANCES AND INTERESTS, AND (B) GRANTING RELATED RELIEF
11/22/2024: ECF274 - ORDER (I) APPROVING (A) THE SALE OF THE REAL PROPERTY SUBJECT TO THE RIALTO PORTFOLIO AND LOCATED AT 5339 ELVIS PRESLEY BOULEVARD, MEMPHIS, TN, 38116 OWNED BY 5339 ELVIS PRESLEY BOULEVARD MEMPHIS TN, LLC, FREE AND CLEAR OF ALL LIENS, CLAIMS, ENCUMBRANCES AND INTERESTS, AND (B) GRANTING RELATED RELIEF
11/22/2024: ECF275 - ORDER (I) APPROVING (A) THE SALE OF THE REAL PROPERTY SUBJECT TO THE RIALTO PORTFOLIO AND LOCATED AT 8001 VAUGHN ROAD, MONTGOMERY, AL 36116 OWNED BY 8001 VAUGHN ROAD MONTGOMERY AL, LLC, FREE AND CLEAR OF ALL LIENS, CLAIMS, ENCUMBRANCES AND INTERESTS, AND (B) GRANTING RELATED RELIEF
11/22/2024: ECF276 - ORDER (I) APPROVING (A) THE SALE OF THE REAL PROPERTY SUBJECT TO THE RIALTO PORTFOLIO AND LOCATED AT 81 JAMESON LANE, GREENVILLE, AL 36037 OWNED BY 81 JAMESON LANE GREENVILLE AL, LLC, FREE AND CLEAR OF ALL LIENS, CLAIMS, ENCUMBRANCES AND INTERESTS, AND (B) GRANTING RELATED RELIEF
11/22/2024: ECF277 - ORDER (I) APPROVING (A) THE SALE OF THE REAL PROPERTY SUBJECT TO THE RIALTO PORTFOLIO AND LOCATED AT 2513-2521 E NORTH ST., KENDALLVILLE, IN 46755 OWNED BY 2513 E. NORTH STREET KENDALLVILLE IN, LLC, FREE AND CLEAR OF ALL LIENS, CLAIMS, ENCUMBRANCES AND INTERESTS, AND (B) GRANTING RELATED RELIEF
11/22/2024: ECF278 - ORDER (I) APPROVING (A) THE SALE OF THE REAL PROPERTY SUBJECT TO THE RIALTO PORTFOLIO AND LOCATED AT 601 TRENTON ROAD, MCALLEN, TX 78504 OWNED BY 601 TRENTON ROAD MCALLEN TX, LLC, FREE AND CLEAR OF ALL LIENS, CLAIMS, ENCUMBRANCES AND INTERESTS, AND (B) GRANTING RELATED RELIEF
11/22/2024: ECF279 - ORDER (I) APPROVING (A) THE SALE OF THE REAL PROPERTY SUBJECT TO THE RIALTO PORTFOLIO AND LOCATED AT 5450 US HIGHWAY 80 EAST, PEARL, MS 39208 OWNED BY 5450 US HIGHWAY 80 EAST PEARL MS, LLC, FREE AND CLEAR OF ALL LIENS, CLAIMS, ENCUMBRANCES AND INTERESTS, AND (B) GRANTING RELATED RELIEF
11/22/2024: ECF280 - ORDER (I) APPROVING (A) THE SALE OF THE REAL PROPERTY SUBJECT TO THE RIALTO PORTFOLIO AND LOCATED AT 700 NORTH GRAND AVE., MT. PLEASANT, IA 52641 OWNED BY 700 NORTH GRAND AVENUE MT. PLEASANT IA, LLC, FREE AND CLEAR OF ALL LIENS, CLAIMS, ENCUMBRANCES AND INTERESTS, AND (B) GRANTING RELATED RELIEF
11/22/2024: ECF281 - ORDER (I) APPROVING (A) THE SALE OF THE REAL PROPERTY SUBJECT TO THE RIALTO PORTFOLIO AND LOCATED AT 412 CROSS OAKS MALL, PLAINWELL, MI 49080 OWNED BY 412 CROSS OAKS MALL PLAINWELL MI, LLC, FREE AND CLEAR OF ALL LIENS, CLAIMS, ENCUMBRANCES AND INTERESTS, AND (B) GRANTING RELATED RELIEF
11/22/2024: ECF282 - ORDER (I) APPROVING (A) THE SALE OF THE REAL PROPERTY OWNED BY WALCENT ELK/IN, LLC, FREE AND CLEAR OF ALL LIENS, CLAIMS, ENCUMBRANCES AND INTERESTS, AND (B) GRANTING RELATED RELIEF
11/20/2024: ECF269 - STATUS REPORT : Notice of Filing of ArciTerra Receiver's Third Status Report by Allen D Applbaum
11/14/2024: ECF263 - ORDER: The Stipulation for Order Modifying Asset Freeze (Doc. 261 ) is granted. Regions' Motion Seeking Amendment of Receivership Order and Stay (Doc. 200 ) is DENIED as moot. Signed by Senior Judge Douglas L Rayes on 11/14/2024
11/14/2024: ECF264 - ORDER (I) APPROVING THE ENGAGEMENT AND COMPENSATION OF SAX LLP AS TAX ACCOUNTANT AND RETAINED PERSONNEL; AND (II) GRANTING RELATED RELIEF
11/14/2024: ECF268 - Third MOTION for Allowance and Payment of Professional Fees and Reimbursement of Expenses for the Period July 1, 2024 through September 30, 2024 by Receiver Allen D Applbaum
11/12/2024: ECF257 - ORDER granting Receiver's Motion to Approve the Abandonment Agreement (Doc. 208 ). Signed by Senior Judge Douglas L Rayes on 11/12/2024
11/12/2024: ECF259 - ORDER: The Stipulation (Doc. 249 ) is granted. See Order for details. Signed by Senior Judge Douglas L Rayes on 11/12/2024
11/05/2024: ECF252 - Notice of Auction Results for Hiram Property re: ECF No. 202
11/05/2024: ECF253 - Notice of Auction Results for Real Properties Subject to Loans Serviced by Rialto Capital Advisors, LLC
11/05/2024: ECF254 - Notice of Auction Results for Northfield Plaza
10/21/2024: ECF248 - Receiver's Motion for an Order (I) Approving the Engagement and Compensation of SAX LLP as Tax Accountant and Retained Personnel; and (II) Granting Related Relief
10/18/2024: ECF247 - ORDER: The M&M Agreement as set forth in Exhibit A to the Coxworth Declaration, is approved. The Sale Procedures, as set forth in Exhibit A to this Order, are approved in their entirety. The Receiver may proceed to sell the Property, in accordance with the Sale Procedures.
10/17/2024: ECF246 - Order: The Receiver may proceed to sell the Properties, in accordance with the Sale Procedures
09/24/2024: ECF234 - Receiver's Motion for Orders (I) Approving (A) the Engagement and Compensation of Marcus & Millichap Real Estate Investment Services as Broker for the Sale of the Real Property Owned by Walcent Elk/IN, LLC, and (B) the Sale and Auction Procedures for the Sale of the Property; (II) Approving the Sale of the Property After Auction, Free and Clear of all Liens, Claims, Encumbrances and Interests; and (III)Granting Related Relief
09/16/2024: ECF230 - Receiver's Motion for Orders (I) Approving (A) the Engagement and Compensation of Marcus & Millichap Real Estate Investment Services as Broker for the Sale of Real Properties Subject to Loans Serviced by Rialto Capital Advisors, LLC, and(B) the Sale and Auction Procedures for the Sale of the Properties; (II) Approving the Sale of the Properties After Auction, Free and Clear of All Liens, Claims, Encumbrances and Interests; and (III) Granting Related Relief
09/10/2024: ECF220 - Order (I) Approving (A) the Engagement and Compensation of Marcus & Millichap Real Estate Investment Services as Broker for the Sale of the Real Property Owned by ATA Hiram Square GA, LLC, and (B) the Sale and Auction Procedures for the Sale of the Property; and (II) Granting Related Relief
09/05/2024: ECF217 - Order (A) Appointing and Approving Appraisers for the Receiver's Proposed Private Sale of Real Property at 1000 W. Marion Avenue, Punta Gorda, Florida; (B) Approving the Private Sale of the Real Property Free and Clear of All Liens, Claims, Encumbrances and Interests; and (C) Granting Related Relief
09/03/2024: ECF211 - Second Application of Receiver for Allowance and Payment of Professional Fees and Reimbursement of Expenses for the Period April 1, 2024 through June 30, 2024
08/28/2024: ECF208 - Receiver's Motion for Order Approving Abandonment Agreement and Transfer of 2020 Nautique Paragon
08/26/2024: ECF207 - Granted Receiver's Motion for an Order (I) Approving the Engagement and Compensation of Lease Brokers; and (II) Granting Related Relief
08/20/2024: ECF205 - Notice of Filing of ArciTerra Receiver's Second Status Report
08/14/2024: ECF202 - Receiver's Motion for Orders (I) Approving (A) the Engagement and Compensation of Marcus & Millichap Real Estate Investment Services as Broker for the Sale of the Real Property Owned by ATA Hiram Square GA, LLC, and (B) the Sale and Auction Procedures for the Sale of the Property; (II) Approving the Sale of the Property After Auction, Free and Clear of all Liens, Claims, Encumbrances and Interests; and (III)Granting Related Relief
08/02/2024: ECF197 - Receiver's Motion for an Order (A) Appointing and Approving Appraisers for the Receiver's Proposed Private Sale of Real Property at 1000 W. Marion Avenue, Punta Gorda, Florida; (B) Approving the Private Sale of the Real Property Free and Clear of All Liens, Claims, Encumbrances and Interests; and (C) Granting Related Relief
08/02/2024: ECF198 - Receiver's Motion for an Order (I) Approving the Engagement and Compensation of Lease Brokers; and (II) Granting Related Relief
07/30/2024: ECF196 - Order Approving Stipulation for Order Modifying Asset Freeze as to (1) 5324 E. Mariposa St., Phoenix, Arizona and (2) 4450 N. 54th Street, Phoenix, Arizona, and Providing Related Relief
07/10/2024: ECF190 - Order (I) Approving (A) the Sale of Substantially All Assets of Glenrosa 32, LLC, Free and Clear of All Liens, Claims, Encumbrances and Interests and (B) Granting Related Relief
07/10/2024: ECF191 - Order (I) Approving (A) the Sale of the Real Properties Owned by ATA Mercado St. Augustine FL, LLC and ATA Palencia St. Augustine FL, LLC, Free and Clear of All Liens, Claims, Encumbrances and Interests and (B) Granting Related Relief
07/01/2024: ECF182 - Notice of Auction Results for Glenrosa Property
07/01/2024: ECF183 - Notice of Auction Results for Mercado Walk and Plaza Palencia
06/27/2024: ECF181 - Approved Order Approving Abandonment Agreement and Transfer of Vessel M/Y BBELLA
06/07/2024: ECF179 - Notice of Filing of ArciTerra Receiver’s First Status Report
06/07/2024: ECF176 - Receiver’s Motion for Order Approving Abandonment Agreement and Transfer of Vessel M/Y Bbella
05/23/2024: ECF171 - Order (I) Approving the Engagement and Compensation of Marcus & Millichap Real Estate Investment Services as Broker for the Sale of Substantially All Assets of Glenrosa 32, LLC, and (II)Approving the Auction and Bidding Procedures for the Sale of Substantially all Assets of Glenrosa 32, LLC; and (III) Granting Related Relief
05/23/2024: ECF172 - Order (I) Approving (A) the Engagement and Compensation of Marcus & Millichap Real Estate Investment Services as Broker for the Sale of the Real Properties Owned by ATA Mercado St. Augustine FL, LLC and ATA Palencia St. Augustine FL, LLC, and (B) the Auction and Sale Procedures for the Sale of Those Properties; and (III) Granting Related Relief
05/15/2024: ECF165 - Notice and First Application of Receiver for Allowance and Payment of Professional Fees and Reimbursement of Expenses for the Period December 21, 2023
05/13/2024: ECF159 - Order approving Stipulation for Order Modifying Asset Freeze and Providing Related Relief
05/06/2024: ECF154 - Order Appointing Receiver, Freezing Assets and Imposing Litigation Injunction
04/26/2024: ECF147 - Receiver's Motion for Orders (I) Approving (A) the Engagement and Compensation of Marcus & Millichap Real Estate Investment Services as Broker for the Sale of the Real Properties Owned by ATA Mercado St. Augustine FL, LLC and ATA Palencia St. Augustine FL, LLC, and (B) the Sale and Auction Procedures for the Sale of those Properties; (II) Approving the Sale of the Properties After Auction, Free and Clear of All Liens, Claims, Encumbrances and Interests; and (III) Granting Related Relief
04/19/2024: ECF139 - Receiver's Motion for Orders (I) Approving (A) the Engagement and Compensation of Marcus & Millichap Real Estate Investment Services as Broker for the Sale of Substantially All Assets of Glenrosa 32, LLC, and (B) the Auction and Bidding Procedures for the Sale of Substantially all Assets of Glenrosa 32, LLC; (II) Approving the Sale of Substantially All Assets of Glenrosa 32, LLC, Free and Clear of All Liens, Claims, Encumbrances and Interests; and (III) Granting Related Relief
04/01/2024: ECF125 - Receiver's Factual Update
12/21/2023: ECF78 - Temporary Restraining Order
12/21/2023: ECF77 - Order Appointing Temporary Receiver and Temporarily Freezing Assets and Imposing Litigation Injunction
11/28/2023: SEC Complaint