Free Other Notice - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona LISA ROBERTS Assistant U.S. Attorney Member of New York Bar Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

United States of America, Plaintiff, v.
NOTICE OF FILING BANKRUPTCY COURT ORDER

CIV-03-1700-PHX-DGC

$732,342.45 in funds from National Bank escrow account #01236121 for Transnation Title Insurance Company located at 1850 North Central, Suite 1200, Phoenix, Arizona, from the sale of real property located at 504 W. Galvin, Phoenix, Arizona 85085; Defendant. NOW COMES Plaintiff, United States of America, by and through its Attorney, PAUL K. CHARLTON, United States Attorney for the District of Arizona, and Lisa Roberts, Assistant United States Attorney, and notifies this Court of the Order Approving Compromise Settlement issued by the United States Bankruptcy Court, District of Montana, on November 17, 2005. On October 19, 2005 this Court signed a Stipulated Judgment approving the stipulation entered into by Claimants, David Brundage and Richard J. Samson, as Trustee for the Bankruptcy Estate of Robert N. Shearburn and Margaret Shearburn. The Stipulated Judgment recognized that the Chapter 7 Trustee's participation in the compromise settlement was subject to review and approval of the United States Bankruptcy Court for the District of Montana. The Stipulated Judgment further stated that, upon the entry of an Order from the Bankruptcy Court approving the Trustee's participation in the compromise settlement, the Stipulated Judgment

Case 2:03-cv-01700-DGC

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would become binding on the Trustee, and that a copy of the Bankruptcy Court Order must be provided to this Court, and the Stipulated Judgment then executed upon. On November 17, 2005, the Hon. Ralph B. Kirscher, U.S. Bankruptcy Judge, United States Bankruptcy Court, District of Montana, signed an Order approving the compromise settlement agreement, and authorizing the Trustee to enter into the Compromise Settlement with the United States Attorney for the District of Arizona and David W. Brundage. A copy of the Bankruptcy Court's Order is attached hereto as Exhibit 1. By this Notice, plaintiff informs the Court of the intention of the parties to execute the Stipulated Judgment. Therefore, Claimant David Brundage shall receive one half of the seized funds ($732,342.45) in the approximate amount of $366,171.23, plus interest on that amount from the date the sum was placed into the custody of the United States, via a check made payable to Curtis Ensign Trust Account. Claimant Richard J. Samson, as Trustee for the Bankruptcy Estate of Robert N. Shearburn shall receive one half of the seized funds ($732,342.45) in the approximate amount of $366,171.22, plus interest on that amount from the date the sum was placed into the custody of the United States. Respectfully submitted this 21st day of November, 2005.

PAUL K. CHARLTON United States Attorney District of Arizona S/Lisa Roberts LISA ROBERTS Assistant U.S. Attorney

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S/Victoria Tffany Victoria Tiffany

CERTIFICATE OF SERVICE

I hereby certify that on November 21, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants:

Curtis Ensign Law Offices of Curtis Ensign 3225 North Central, Suite 1609 Phoenix, AZ 85012 [email protected]

I hereby certify that on November 21, 2005, I served the attached document by U.S. Mail on the following, who is not a registered participant of the CM/ECF System:

Richard J. Samson Christian, Samson, Jones & Chisholm, PLLC 310 W. Spruce P.O. Box 8479 Missoula, Montana 59807

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