Posted by ASDUpdates on April 1st, 2014
In an ORDER filed March 26th, Senior Judge Graham C. Mullen has approved “Distribution Procedures and Certain Other Related Relief” related to the motion filed by Zeek Rewards Receiver, Kenneth Bell, back in December of 2013. In this ORDER, Judge Mullen also appointed a Special Master, retired Judge Frank W. Bullock, Jr., formerly of the Middle District of North Carolina.
The ORDER limits the scope of this Special Master to reviewing and making determinations regarding claims if:
(i) (A) the Receiver has issued a Claim Determination regarding the Claim;(B) the Claimant timely objects to the Claim Determination; (C) more than 90 days has passed since the issuance of a Claim Determination or an amended Claim Determination (as the case may be), subject to the Receiver consenting to a shortening of this period; (D) negotiations between the Receiver and the Claimant have commenced and have not resulted in a settlement; and (E) either the Claimant or the Receiver has requested that the Special Master review and intervene in the Claim dispute (a “Request for Intervention”); or
(ii) the Receiver reaches a settlement with a Claimant that requires the review of the Special Master as set forth in Paragraph 21 hereof (a “Settlement Review”).
Any Request for Intervention must be made in writing and “served via electronic mail to the opposing entity and the Special Master”. The Request must include “a statement setting forth the Claimant’s or the Receiver’s position, as the case may be, with respect to the amount of the Claim”.
There are numerous other limits in scope that you can view on the Files website; I have posted the full document there (Doc 199).