Replies to post #345288 on Spongetech Delivery Systems, Inc. (fka SPNGQ)

[cowtown jay]

While claims involving the "attorney defendants" (Pensley and Halperin), are still unresolved, I expect the resolution of those claims may be vastly different between the two cases.

I think Halperin acted in good faith when he authored some of his opinion letters, specifically those based upon the company being current with their filings. Further, I think the last filing also included a 2009 list of shareholders. If so, then why did the successor trustee fail to notify shareholders of the company's bankruptcy? And why was that list not filed in the bankruptcy proceeding, as is required?

[scion]

Pacer update 14 Apr 15 - SEC v Spongetech CIVIL DOCKET FOR CASE #: 1:10-cv-02031

https://ecf.nyed.uscourts.gov/cgi-bin/iquery.pl

Date Filed # Docket Text

04/14/2015 342 Letter to Court Regarding Applicable Rate and Accrual of Prejudgment Interest by Solution Funding, LLC (Bui, Thuy) (Entered: 04/14/2015)

04/14/2015 341 AFFIDAVIT/AFFIRMATION of M. Alexander Koch attaching amended prejudgment interest calculation as to Relief Defendant Business Talk Radio by U.S. Securities & Exchange Commission (Kisslinger, Paul) (Entered: 04/14/2015)

04/07/2015 ORDER re 340 Order Adopting Report and Recommendations --- The SEC and Solution Funding are directed to advise the Court by April 14, 2015 regarding the applicable rate and accrual date of the prejudgment interest of both Solution Funding's judgment against BTR and the SEC's disgorgement judgment against BTR. SO ORDERED by Dora Lizette Irizarry on 04/07/2015.. Ordered by Judge Dora Lizette Irizarry on 4/7/2015. (Irizarry, Dora) (Entered: 04/07/2015)

03/31/2015 340 ORDER ADOPTING REPORT AND RECOMMENDATIONS IN ITS ENTIRETY - Various motions for disbursements were made by named parties in this action and other parties in interest. This court referred the motions for a Report and Recommendation ("R & R") to then-United States Magistrate Judge Joan M. Azrack, which was issued on December 24, 2014. Some parties timely objected. For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, and, upon due consideration, the R & R is adopted in its entirety. Accordingly, Solution Funding's Motion for Disbursement is granted and, having found that Solution Funding has a priority secured interest, it is awarded all of the funds in the CRIS Account in satisfaction of its $2.5 million judgment against BTR, plus prejudgment interest to be calculated as of the date of the entry of the judgment. Further, the SEC is entitled to a $5,190,000 disgorgement judgment against BTR, plus prejudgment interest to be calculated as of the date of the entry of the judgment; however the SEC's disgorgement judgment is subordinate to Solution Funding's judgment. The Motions for Disbursement filed by the other claimants are denied. The Clerk of the Court is directed to enter judgment in accord with this Electronic Order and the Attached Memorandum and Order. This Order does not dispose of the case as there is pending a motion for damages and it remains open. SO ORDERED by Judge Dora Lizette Irizarry on 3/31/2015. (Irizarry, Dora) (Entered: 04/01/2015)


Defendant
Spongetech Delivery Systems, Inc.

Defendant
RM Enterprises International, Inc.

Defendant
Steven Moskowitz

Defendant
George Sperenza

Defendant
Joel Pensley

Defendant
Jack Halperin

Defendant
Michael Metter

https://ecf.nyed.uscourts.gov/cgi-bin/iquery.pl