DOWNLOADS
Click here to view order for Receiver's Motion for Approval of Final Receiver's Report and Accounting and Dismissal of the Receiver
Click here to view final order for compensation to Grier Furr &
Crisp, PA, Attorneys for
Temporary Receiver
Click here to view Certificate of Service on all Motions and Notice filed 3/21/2011
Click here to view Notice of Receiver's Final Motion for Compensation; Motion for Approval of Final Report and Accounting and Dismissal of the Receiver
Click here to view Receiver's Motion for Approval of Final Receiver's Report and Accounting and Dismissal of the Receiver
Click here to view Final
Receiver's Report and Accounting
Click here to view Final Motion
for Compensation to Grier Furr & Crisp, PA, Attorneys for
Temporary Receiver
Click here to view Order for Compensation to Edward P.
Bowers, Accountant for the Receiver
Click here to view Order for Compensation to Grier Furr &
Crisp, PA
Click here to view Order for Distribution
Click here to view Receiver's Motion to make Distribution of
Assets and to Establish Distribution Amounts
Click here to view Order Approving Receiver's Proposed Treatment of the Investor Claims and Administrative Claim
Click here to view Certificate of Service
Click here to view Notice of Motion for Compensation to Grier Furr & Crisp, PA, Attorneys for Temporary Receiver; Motion for Compensation to Edward P. Bowers, Accountant for Receiver; and Receiver's Seventh Report
Click here to view First Motion for Compensation to Edward P. Bowers & Middleswarth, Bowers & Company as Accountants for Temporary Receiver
Click here to view Motion for Compensation to Grier Furr &
Crisp, PA, Attorneys for
Temporary Receiver
Click here to view Receiver's Seventh Report
Click here to view Receiver's Investor Claim Report; Administrative Claim Report; Receiver's Objections to Claims and Recommendations for Claims; and Notice of Deadline for Investors and/or Administrative Claimants to Object or Respond to Receiver's Proposed Treatment of Claims
Click here to view Order for Fifth Motion for Compensation to Grier Furr & Crisp, PA, Attorneys
for Temporary Receiver
Click here to view Receiver's
Sixth Report
Click here to view Notice of Fifth Motion for Compensation to Grier Furr & Crisp, PA, Attorneys for Temporary Receiver
Click here to view Fifth Motion for Compensation To Grier Furr &
Crisp, PA, Attorneys for Temporary Receiver
Click here to view Receiver's Fifth Report
Click Here to View
Order on Fourth Motion for Compensation to Grier Furr & Crisp, PA, Attorneys to Receiver
Click Here to View Notice of claim verification form and claims bar date for investors in Capitalstreet Financial, LLC and investor claim verification form
Click here to view Notice of claim verification form and claims bar date for administrative creditors of Capitalstreet Financial, LLC and/or Sean Mescall and administrative creditor claim verificaton form
Click here to view Order Approving Proposed Distribution Scheme
Click here to view Receiver's Fourth Report
Click here to view Fourth Motion for Compensation to Grier Furr & Crisp, PA., Attorneys for Temporary Receiver
Click here to view Order Finding Sean Mescall in Civil Contempt of Court and Referring the Matter to the U.S. Attorney for Consideration of Prosecution of Criminal Contempt
Click here to view Receiver's Notice of Motion for (1) Approval of Distribution Priority Scheme, (2) Proposed Claims Verification Procedures & Bar Date, (3) Establisment of Claims Review & Approval Process, (4) Approval of Manner to Address Tax Issues and (5) Approval of Distribution Method
Click here to view Receiver's Motion for (1) Approval of Distribution Priority Scheme, (2) Proposed Claims Verification Procedures and Bar Date, (3) Establishment of Claims Review and Approval Process, (4) Approval of Manner to Address Tax Issues and (5) Approval of Distribution Method, with Exhibits A-C and Mescall Exhibits 1 & 2"
Click here to view Order on Motion to Show Cause Why Sean F. Mescall Should Not Be Held in Civil Contempt, Hearing Date Monday, May 24, 2010, 9:30 a.m.
Click here to view Order for Fees and Expenses to Grier Furr & Crisp, PA
Click here to view Notice of Third Motion for Compensation to Grier Furr & Crisp, PA, Attorneys for Temporary Receiver
Click here to view Third Motion for Compensaton to Grier Furr & Crisp, PA., Attorneys for Temporary Receiver
Click here to view Plaintiff's Memorandum on the Court's Authority to Require Responses from Defendant Sean F. Mescall
Click here to view Order on Joint Motion For Order to Show Cause
Click here to view Plaintiff and Receiver's Amended Joint Motion for Order to Show Cause as to why Defendant Sean F. Mescall should not be Held in Contempt of Court
Click here to view Plaintiff and Receiver's Joint Motion for Order to Show Cause as to why Defendant Sean F. Mescall should not be Held in Contempt of Court
Click here to view Order Granting Application for Compensation to Grier Furr & Crisp, PA
Click here to view Receiver's Second Report
Click here to view Second Motion for Attorney Fees for Grier Furr & Crisp, PA, Attorneys for Receiver
Click here to view Order Granting the First Motion for Compensation for Attorneys for the Receiver
Click here to view Order Granting Motion for Authority to Retain Brokers and to Liquidate Certain Property Free and Clear of Liens and Encumbrances and to Deposit Net Proceeds in Receivership Bank Account
Click here to view Order Establishing Case Procedures
Click here to view Receiver's Motion for Order Establishing Case Procedures, Proposed Order and Notice of Motion
Click here to view Receiver's First Report
Click here to view Notice of First Motion for Compensation for Attorneys for the Receiver
Click here to view First Motion for Compensation for Attorneys for the Receiver.
Click here to view the Receivership Order
CapitalStreet Financial, LLC Receivership
CLAIM DEADLINE JULY 27, 2010
The deadline for Investors and Administrative Creditors of CapitalStreet Financial, LLC to submit claims to the Receiver is July 27, 2010. Attached to this webpage are the Court approved Notices and Claim Forms. Claims should be submitted as directed in the attached Notice and on the attached Form by July 27, 2010.
GENERAL INFORMATION
On September 16, 2009, the United States District Court for the Western District of North Carolina (the "Court") in Charlotte, North Carolina, issued an Order (the "Receivership Order") appointing Joseph W. Grier, III as receiver for all of the assets, records, or other interests of CapitalStreet Financial, LLC ("CapitalStreet") and Sean F. Mescall (the "Defendants"), as well as of the assets of Gerald T. Mescall and Gaincapital, Inc. (the "Relief Defendants"). The Receivership Order was entered on a motion brought by the United States Commodity Futures Trading Commission (the "USCFTC") requesting, among other relief, a statutory restraining order and the appointment of a receiver.
As Receiver, Mr. Grier will serve as the agent of the Court and is directed to, among other things, assume full control and take possession of all property, funds, or assets of the Defendants and the Relief Defendants, known as the "Receivership Estate." The Receiver is also responsible for doing anything necessary to conserve, hold, manage and preserve the value of the Receivership Estate.
Customers, clients and creditors should note that the Receivership Order enjoins and restrains any persons from engaging in the following activities without prior approval from the Court:
- Commencing, prosecuting, litigating or enforcing any suit, except that actions may be filed to toll any applicable statute of limitations;
- Accelerating the due date of any obligation or claimed obligation, enforcing any lien upon, or taking or attempting to take possession of, or retaining possession of, property of the Defendants or the Relief Defendants or any property claimed by the Defendants or Relief Defendants, or attempting to foreclose, forfeit, alter or terminate any of the Defendants' or Relief Defendants' interests in property, whether such acts are part of a judicial proceeding or otherwise;
- Using self-help or executing or issuing, or causing the execution or issuance of any court attachment, subpoena, replevin, execution or other process for the purpose of impounding or taking possession of or interfering with, or creating or enforcing a lien upon any property, wherever located, owned by or in the possession of the Defendants or the Relief Defendants, or the Receiver, or any agent of the Receiver; and
- Doing any act or thing to interfere with the Receiver taking control, possession or management of the property subject to the receivership, or to in any way interfere with the Receiver or the duties of the Receiver; or to interfere with the exclusive jurisdiction of this Court over the property and assets of the Defendants or the Relief Defendants.
The Receivership Order also includes a statutory restraining order freezing all assets and property controlled, managed or held by or for the benefit of the Defendants or the Relief Defendants as well as enjoining and restraining the Defendants or the Relief Defendants, their agents, servants, employees, assigns, attorneys or any persons acting with them, including any successors, from the following:
- Directly or indirectly transferring, selling, alienating, liquidating, encumbering, pledging, leasing, loaning, assigning, concealing, dissipating, converting, withdrawing, or otherwise disposing of any property of the Receivership Estate; and
- Directly or indirectly opening or causing to be opened any safe deposit boxes titled in the name of, or subject to, access by the Defendants or the Relief Defendants.
Click here to view the Receivership Order >>
The Receiver will investigate the financial affairs of the Defendants and Relief Defendants and identify and liquidate assets. Funds will then be distributed to those holding approved claims. The Court will establish a procedure for customers and other creditors to file claims with the Receiver and will approve distributions to customers and other creditors. The Court has not yet established this procedure. Information with respect to the identification and liquidation of assets as well as the procedure and deadline for filing claims with the Receiver will be posted on this webpage as it becomes available. You may contact the Receiver by email at CapitalStreetReceivership@Grierlaw.com. If you are a customer or creditor of one of the CapitalStreet Financial, LLC and believe that the Receiver does not have your name and address, you should notify the Receiver of your name and address, or indicate that you are a customer or creditor of one of the Defendants, at the email address given above.
The USCFTC's Complaint against the Defendants and the Relief Defendants is available at the Commission's website at http://www.cftc.gov/newsroom/enforcementpressreleases/2009/pr5714-09.html.
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Disclaimer:
The information on this webpage is provided solely for the convenience of CapitalStreet Financial, LLC customers and other interested parties and does not reflect all of the proceedings in the CapitalStreet Financial, LLC receivership case pending in the United States District Court for the Western District of North Carolina. This information is not intended to be and should not be taken as legal advice as to any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems.