Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Securities and Exchange Commission v. Joseph S. Forte and Joseph Forte

May 16, 2012

SECURITIES AND EXCHANGE COMMISSION, PLAINTIFF,
v.
JOSEPH S. FORTE AND JOSEPH FORTE, L.P.,
DEFENDANTS.
COMMODITY FUTURES TRADING COMMISSION,
PLAINTIFF,
v.
JOSEPH S. FORTE,
DEFENDANT.



The opinion of the court was delivered by: Paul S. Diamond, J.

ORDER SETTING A CLAIMS BAR DATE, ESTABLISHING CLAIMS RESOLUTION PROCEDURES, AND APPROVING DISTRIBUTION METHODOLOGY

AND NOW, this 16th day of May, 2012, upon consideration of the Receiver's Motion for an Order Setting a Claims Bar Date, Establishing Claims Resolution Procedures, and Approving a Distribution Methodology (Civ. No. 09-63, Doc. No. 90; Civ. No. 09-64, Doc. No. 75), it is hereby ORDERED that

The Receiver's Motion is GRANTED, and the Court further orders that:

Claims Bar Date

(1) The Receiver shall give notice of the Claims Bar Date, using forms substantially identical to the Notice of Claims Bar Date and Procedure for Filing Claims and Claim Forms attached as Exhibits A, B, and C to the Motion, according to the procedures set forth in Section XI of the March 30, 2009, Order appointing Marion A. Hecht as Receiver for Defendants. Such notice shall include publication on the Receivership website, provision of the Notice via e-mail to the SEC and CFTC, and provision of notice by first class mail to any person or entity whom the Receiver reasonably believes may have a claim against Joseph S. Forte or Joseph Forte L.P., including all the Partnership's investors.

(2) The Receiver shall also publish notice substantially identical to the form attached as Exhibit D, in the Philadelphia Inquirer and the Legal Intelligencer once per week, during two successive weeks, no less than 30 days before the Bar Date.

(3) The last day for submitting a claim against the Receivership Estate shall be Monday, July 16, 2012. FAILURE TO SUBMIT A TIMELY CLAIM WILL RESULT IN THAT CLAIM BEING BARRED.

(4) All claims against the Receivership Estate shall be submitted to the Receiver at the following address by receipted first class mail or other receipted method of delivery:

Marion A. Hecht, Receiver for Joseph S. Forte and Joseph Forte, L.P c/o CliftonLarsonAllen LLP 4250 North Fairfax Drive, Suite 1020

Arlington, VA 22203

All claims must be postmarked or otherwise received by the Receiver on or before Monday, July 16, 2012. The burden shall be on the claimant to demonstrate timely submission. Administrative claims against the Receivership Estate are specifically excluded from the requirements of this Order.

(5) All claims against the Receivership Estate by the Partnership's investors shall be filed in writing using a form substantially identical to the Claim Form attached to the Motion as Exhibit B.

(6) All claims against the Receivership Estate by claimants other than the Partnership's investors shall be filed in writing using a form substantially identical to the Claim Form attached to the Motion as Exhibit C.

(7) Submission of a claim in no way obligates the Receiver to recommend the allowance of the claim. Among other things, it has not yet been determined whether non-investor claimants will be included in any distribution from the Partnership Estate and, if so, how such distributions shall be calculated.

Service By First Class Mail

(8) Wherever the Receiver is required to serve claimants or other interested parties by first class mail pursuant to this Order, service shall be made on the party's counsel, or, if ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.