DKT 207 RECEIVER’S BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT REGARDING SOUTHERN PROPERTIES CAPITAL, LTD.’S CLAIMED OWNERSHIP INTEREST IN CERTAIN RECEIVERSHIP PROPERTIES

On 04/13/23, Cort Thomas, as the court-appointed Receiver, moves the Court for summary judgment regarding Southern Properties Capital, Ltd.’s (“SPC”) purported entitlement to real properties described below (collectively, the “Apartment Developments” or the “Properties”). According to SPC, it is an investor in certain Receivership Entities. As such, it should be entitled to participate in a claims process if and when one is established, to the same extent as all other similarly situated investors. It is not, however, entitled to extract the Apartment Developments or the Receivership Entities that own them from the Receivership Estate. Instead, the Court should authorize the Receiver to sell the Apartment Developments free and clear of any claim by SPC.

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