Barton met Steve Wall in June 2017 who was impressed with Barton's successful track record and respect.
Barton was introduced to Steve Wall partner and friend Michael Fu. Presented as the Top Seller for Lunar Homes and had been doing business with Steve Wall for over a year. Contrary to the depositions and testimony of Fu. Barton does not solicit FU working. The problems and challenges related to Fu were not disclosed to Barton at the time of engagement. In June 2017, he provided assistance to Michael Fu with fee disputes related to several real estate projects.
Barton became the Fee Developer for first project Seagoville in September 2017. Barton became fee developer for the Steve Wall's Wall00 and Wall009 and all the Wall projects. All land acquisitions were made by Steve Wall and under his arrangement funds brought-in by Fu
Barton became the custodian for Carnegie Development LLC and it was agreed that the custody will be returned to Steve Wall when he is out of the Law suits.
Wall011 and Wall012 were launched in April 2018 but they were considered bad deals due to lack of funds with Steve Wall Unsecured Co-lender agreements funds were brought in for supporting the Wall entities projects
There had been a consistent lack in funds for each project and the deals done by Steve Wall for various properties, so they pursued the Co-lenders funds more rigorously.
Many repayments of loans were done as scheduled. However, the pattern of funding with regards to non-matching of names on agreements and funding people was identified and found alarming. Problems from Fu Started
This entity was formed by Steve Wall and Michael Fu, clearly showing their intentions of continuous money laundering.
As a result of the mediation process and Fu agreed and signed the term sheet that the funds will be transferred to the accounts from where they are originated.
Fu along with his few co-lenders filed Chapter 7 BK against all wall entities. Which was later dismissed for no proof of claims. Entities were under funding and no interests were due for Wall010 till Wall 018.
Barton hired them to investigate the original lenders for Wall entities. They tried and brought forward their report that those people were not real. A past FBI Agent as its owner
Barton discussed with Madison Capital the delay in making tax payments, and Madison agreed there was no need to make the tax payment as Barton had an escrow of $1.5 million with Madison. This same was used by Vipin Nambiar with Madison Capital to aggressively pursue foreclosure and tool to take over.
Due to continuous attacks by Fu, COVID crisis and fundamental errors in the business between Steve Wall and Fu, all entities were filed for Chapter 11. (verify)
Joined the HNGH and organized an investigation against Barton. Later within the next few months of her vicious attacks, Barton was jailed and all other litigations opened against him.
Erin Neely Cox began subpoenaing Madison Capital for records on the loan associated with 2999 turtle Creek to put pressure on Madison Capital and force the sale of the full loan to the Hunt family, who held a minority position on the Loan. Erin Neely Cox retired from the prosecutor's office and joined Kirkland and Ellis, with her first client being “Vipin Nambiar” and the Hunts in the 2999 Turtle Creek bankruptcy case, despite having no prior bankruptcy experience.
SEC Continued its investigation which it started from 2020. However, had not been able to find any evidence because there were none against Barton.
Now Michael Fu went reckless on Barton. Started putting in his money against suing and maliciously destroying Barton estate. Committed himself to use all means against Barton.
SEC Filed complaint against Barton for allegations on Securities violation. DOJ issued Indictment against Barton for the same.
Jailed for 10 days on a Friday at 5am. FBI appeared at his house.
SEC suggested David Wallace, but Distt Judge Brantley Starr employed his ex-University Fellow Law Firm Brown Fox PLLC Cort Thomas
All properties and docs and office sealed and taken over by receiver.
The receiver went all out for the fire sale of following:
1. Frisco Property
2. SF Rock Creek
3. DLP Settlement
4. Lumar Land & Cattle Settlement
Oral arguments were heard on date, after finding them very favorable for defendant, the receiver went off to fire sale everything. Auctioning of building properties on date
Fore sale pursuit of selling Amerigold Suites
Order granted for settlement with HNGH for mere $2.5 MM against a property worth of $72 MM with a total loan of $45 MM.
The first receiver was vacated by Fifth Circuit, District court remanded for taking no less drastic actions and not complying to Netsphere.
All barriers crossed. The Judge ordered for bringing evidence by the receiver and Distt Court employee non accountant Carol Hahn to support receiver’s employment
The same receiver re-employed. 54 entities put under receiver. 119 entities in Preliminary Injunction. Blessing all previous orders ratifying sales.
The receiver re-employed his forces for fire sales pursuit:
1. Frisco Property
2. SF Rock Creek
3. TC Hall
4. Amerigold Suites
After auctioning the office items of 2999TC office, receiver went on to auction all art pieces.
Settlement with Somerset Lost Creek and Beryl Artz Bypass Trust
Settlement with Tamamoi LLC processed for ratification.
Defendant and receiver agreed on limited sanctions of communication and interference.
The same receiver re-employed. 54 entities put under receiver. 119 entities in Preliminary Injunction. Blessing all previous orders ratifying sales.
The reply brief against SEC was filed in Oct. Assumed hearing followed by second receivership vacating orders presumed .
The ongoing case involving Timothy Barton has raised serious concerns about the Receiver’s management of artworks, antiques, and personal property seized from Barton’s Turtle Creek
The ongoing case involving Timothy Barton has raised serious concerns about the Receiver’s management of artworks, antiques, and personal property seized from Barton’s Turtle Creek
The ongoing case involving Timothy Barton has raised serious concerns about the Receiver’s management of artworks, antiques, and personal property seized from Barton’s Turtle Creek
The initial receivership was vacated by the Fifth Circuit, establishing a legal precedent that the SEC and the District court cannot seize property in the absence of evidence. Furthermore, a judge cannot impose punitive measures on a defendant for alleged misconduct without a trial having taken place.
The legal basis includes the receiver’s lack of experience in real estate, their close relationship with the Judge as well as their selection over a receiver who was highly experienced and knowledgeable in real estate, their exorbitant payments to themselves and commingling of all of Mr. Barton’s assets. Improper authority, improper sales and accepting contracting for assets that are illegal while awaiting an appeal. The misconduct of the receiver was obvious by the Fifth Circuit Court’s decision to vacate the first receivership due to these issues.
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