RECEIVERSHIPS: US Ventures and Winsome Investment Trust
WAYNE KLEIN, RECEIVER FOR
US Ventures and Winsome Investment Trust
10 Exchange Place, Suite 502
Salt Lake City, UT 84111
Telephone: (801) 456-4591
Updates: Descriptions of Recent Developments
September 30, 2015 Widmark Opposition to Judgment Amount. Attorneys for Peter and Laurie Widmark have filed a motion asking the court not to require them to pay interest on the $191,000 judgment awarded to the Receiver on August 26, 2015. A copy of their memorandum can be found here.
September 11, 2015: Fee Application Filed. The Receiver and his counsel filed an application with the Court for their fees for the six-month period from March through August 2015. A copy of the application can be found here.
August 26, 2015: Summary Judgment Granted. The Court granted the Receiver’s motion for summary judgment against Peter and Laurie Widmark, rejecting their arguments and ruling they must return $191,000 that they received in excess of the amount of their investment. A copy of the ruling can be found here.
August 5, 2015: Ravkind Assets Seized. The Receiver learned that on May 29, 2015, a judge in Tarrant County, Texas appointed a Receiver to take control of the business and records of Ravkind and Associates, which owes $50,000 to the US Ventures/Winsome Receivership. The order grants broad powers to the Texas receiver to identify and sell assets of Ravkind, but also limits his compensation to 25% of the funds he recovers. A copy of the court order can be found here.
July 28, 2015: Status Report Filed. The Receiver filed a status report with the Court. The report covers the period from April 16, 2015 to July 15, 2015. A copy of the report can be found here.
June 29, 2015: Bankruptcy Filing Dismissed. The U.S. Bankruptcy Court in Texas signed an order dismissing the bankruptcy filing by Ursula Andres, finding that her bankruptcy petition did not qualify because she has not filed tax returns since 2011 and failed to file information necessary to allow creditors to evaluate her bankruptcy plan. With the dismissal, the Receiver can resume collection efforts against her, including assisting the mortgage lender to foreclose on her home. A copy of the order can be found here.
June 29, 2015: Cornelius Appeal. The U.S. Tenth Circuit Court of Appeals issued an order today denying the motion by William Cornelius for rehearing on his appeal and for consideration by all judges of the court of appeals. A copy of the order can be found here.
June 17, 2015: Appeal Motion. William Cornelius has filed a petition asking the Tenth Circuit Court of Appeals to reconsider its ruling affirming the Receiver’s judgment against Cornelius. A copy of the petition can be found here.
June 1, 2015: Andres Incarceration. The Receiver has learned that Robert Andres has been incarcerated and is being held at a federal prison in Oklahoma City, OK. Information about his incarceration can be found at www.bop.gov under the inmate locator page. Andres’ register number is 71972-279.
May 29, 2015: Robert Andres Disbarment. The Receiver has learned that on May 4, 2015, the Texas Bar Association disbarred Andres, revoking his license to practice law.
May 27, 2015: Appeals Court Ruling Issued. The Tenth Circuit Court of Appeals issued a ruling today affirming the judgment the Receiver obtained against Texas attorney William Cornelius and his law firm Cornelius & Salhab. The decision rejected the arguments made by Cornelius, finding that the payments from Winsome to Cornelius did not benefit Winsome and must be returned. A copy of the opinion can be found here.
April 30, 2015: Status Report Filed. The Receiver filed a status report covering the period from January 16, 2015 to April 15, 2015. A copy of the Report can be found here.
April 22, 2015: Writ of Execution: Ursula Andres. The district court of Harris County, Texas issued a writ of execution to the Receiver allowing a sheriff or constable to execute on any assets of Ursula Andres, to satisfy the judgment the Receiver obtained against her in the amount of $311,075.00. A copy of the Writ of Execution can be found here.
April 10, 2015: Fee Application Approved. The Court today approved payment of the fees to the Receiver and his counsel for the six month period ending February 28, 2015. A copy of the order can be found here.
March 30, 2015: Judgment Entered. The Court today granted the Receiver’s motion and entered an order enforcing the settlement agreement by which Michele Petty, a Texas attorney, had agreed to pay $45,000 as part of a settlement with the Receiver. The Court also entered judgment of $45,000 in favor of the Receiver. A copy of the order can be found here and the judgment can be found here.
March 23, 2015: The Tenth Circuit Court of Appeals today denied Terry Harper’s petition for rehearing before all the judgment of the Tenth Circuit. A copy of the order can be found here.
March 13, 2015: The Receiver filed a fee application today, seeking approval for the Receiver and his counsel to be paid for the work they have performed for the six months from September 2014 to February 2015. A copy of the fee application can be found here. A breakdown of the work can be found in Exhibit A to the fee application, which can be found here.
February 11, 2015: The Receiver has obtained copies of documents relating to the criminal cases against Andres and Holloway. These include a) the order of forfeiture against Robert Andres in the amount of $3,291,310.39 (which can be found here), b) the criminal judgment against Robert Holloway (which can be found here), and c) the notice of appeal filed by Holloway (which can be found here).
February 4, 2015: The Tenth Circuit Court of Appeals issued an order today affirming the Receiver’s judgment of $336,470.07 against Terry Harper and Wings Over the World. A copy of the appeals court order can be found here.
January 29, 2015: The Receiver filed his status report for the period from October 16, 2014 to January 15, 2015. A copy of the report can be found here.