Publication Date
2024-11-18
Subcategory
Miscellaneous Notices
NOTICE IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY, FLORIDACASE NO.: 2023-023172-CA-01PERETZ MOCKIN, an individual, ISRAEL MOGILEVSKY, an Individual, SC EVENTS INC., a Florida Corporation,Plaintiffs,vs.PRIORITY CAPITAL SOLUTIONS, INC., a Florida Corporation, KIT HOLDINGS INC., a Florida Corporation, BROAD CAPITAL SOLUTIONS, LLC, a Florida Limited Liability Company, USD FUNDING LLC, a Florida Limited Liability Company, ISRAEL TZIVIN, an Individual, and KATHERINE LAIRD WILLIAMS, an Individual,Defendants.NOTICE OF CLAIMS BAR DATE AND PROCEDURES FOR SUBMITTING A PROOF OF CLAIMTO: ALL CLAIMANTS AND ADMINISTRATIVE CLAIMANTS OF THE RECEIVERSHIP ENTITIES PLEASE TAKE NOTICE OF THE FOLLOWING:On October 28, 2024 the Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida (the “Court”) entered an Order in the above captioned case (the “Bar Date Order”) establishing December 29, 2024 (prevailing Eastern Time) as the deadline (the “Claims Bar Date”) for Claimants and Administrative Claimants to submit a completed and signed Proof of Claim Form under penalty of perjury, together with supporting documentation (a “Proof of Claim”), against the Receivership Entities in the above-captioned case. 21. WHAT IS THE CLAIMS BAR DATE?The Claims Bar Date is the date by which the individuals and entities described below must submit a Proof of Claim with the Receiver’s Claims Agent in the manner indicated below. The Claims Bar Date is December 29, 2024. Proofs of Claim, together with supporting documentation, must be timely submitted to either (a) via the Receiver’s electronic claims portal at https://cases.stretto.com/PriorityCapitalSolution or by completing the Proof of Claim Form and sending it via U.S. mail to U.S. Mail to Priority Solutions Capital, Inc. et al. Receiverships Claims Processing,, c/o Stretto, 410 Exchange, Suite 100, Irvine, CA 92602 or email to PriorityCapitalSolutionsClaims@Stretto.com. If sent by mail, the Proof of Claim must be postmarked no later than the Claims Bar Date.Please note that any Proof of Claim not timely submitted or in the proper form will be subject to disallowance, which means you would not be eligible to receive any distribution from a Court-approved distribution plan.2. WHO NEEDS TO SUBMIT A PROOF OF CLAIM?Except as expressly set forth below, ALL individuals and entities (including, without limitation, partnerships, corporations, joint ventures, estates, trusts, and governmental units or authorities) that believe they possess a potential or claimed right to payment, or a potential claim of any nature, against any of the Receivership Entities and believe that they are owed money by, or are entitled to a distribution from the estate created by this legal proceeding (the “Receivership Estate”) must submit a Proof of Claim (each a “Claimant”). This notice is being sent to many individuals and entities that have had some relationship or have done business with the Receivership Entities. The fact that you have received this notice does not necessarily mean that you are a Claimant, that you have a valid Claim, or that the Court or the Receiver believes you have a Claim against one of the Receivership Entities or the Receivership Estate.3. WHAT ARE THE CONSEQUENCES OF NOT TIMELY AND PROPERLY SUBMITTING A PROOF OF CLAIM? ANY CLAIMANT WHO IS REQUIRED TO SUBMIT A PROOF OF CLAIM, BUT THAT FAILS TO DO SO IN A TIMELY MANNER OR IN THE PROPER FORM, SHALL (a) BE FOREVER BARRED, ESTOPPED, AND ENJOINED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW FROM ASSERTING, IN ANY MANNER, SUCH CLAIM AGAINST (i) ANY RECEIVERSHIP ENTITY, (ii) THE RECEIVERSHIP ESTATE OR ITS ASSETS, AND (b) SHALL NOT RECEIVE ANY DISTRIBUTION FROM OR HAVE STANDING TO OBJECT TO ANY DISTRIBUTION PLAN PROPOSED BY THE RECEIVER. FURTHER, THE RECEIVER SHALL HAVE NO FURTHER OBLIGATION TO PROVIDE ANY NOTICES TO YOU ON ACCOUNT OF SUCH CLAIM AND THE RECEIVERSHIP ESTATE IS DISCHARGED FROM ANY AND ALL INDEBTEDNESS OR LIABILITY WITH RESPECT TO SUCH CLAIM.4. WHERE CAN I GET A COPY OF THE PROOF OF CLAIM FORM?Copies of this Notice of Claims Bar Date and the Proof of Claim Form can also be obtained at https://cases.stretto.com/PriorityCapitalSolution or by emailing mshoffman@hlalaw.com 5. SUPPORTING DOCUMENTSEach submitted Proof of Claim shall include and attach documents that support the Proof of Claim. Such documentation may include, but is not limited to: copies of personal checks, cashier’s checks, wire transfer advices; account statements and other documents evidencing the investment or payment of funds; any written contract or agreement made in connection with any investment in or with any Receivership Entity; a chronological accounting of all money received by the Claimant from any Receivership Entity, whether such payments are denominated as the return of principal, interest, commissions, or otherwise; copies of all documentation and records reflecting or regarding any withdrawals ever made by or payments received by the Claimant from any Receivership Entity, Israel Tzivin or any entity affiliated with Israel Tzivin, copies of all agreements, promissory notes, purchase orders, invoices, itemized statements of running accounts, contracts, court judgments, mortgages, security agreements, or evidence of perfection of lien; and other documents evidencing the amount and basis of the Proof of Claim. DO NOT SEND ORIGINAL DOCUMENTS. If such documentation is not available, please attach an explanation of why the documents are not availableIt is the responsibility of Claimants, Administrative Claimants and other interested parties to keep the Receiver apprised with a current email and mailing address in order to receive notices or other communication from the Receiver or the Receivership Estate. Any change in address or email address shall be sent by mail and email to Michael S. Hoffman, Esq., Hoffman, Larin & Agnetti, P.A., 909 North Miami Beach Blvd., #201, North Miami Beach, FL 33162 and mshoffman@hlalaw.com.Each Proof of Claim will have to satisfy certain minimum standards in order to establish a Claim and be eligible to receive a distribution pursuant to a Court approved distribution plan.Accordingly, the more directly relevant information a Proof of Claim provides, the easier it will be for the Receiver to validate the Proof of Claim.6. REQUESTS FOR ADDITIONAL INFORMATION AND NOTICES OFDEFICIENCYIf after receiving a Proof of Claim the Receiver determines that he needs additional information to process a Claim, the Receiver or his Claims Agent may contact you by telephone, mail, or email to request such additional information.7. COOPERATIONThe Court has directed all parties to cooperate with the Receiver to the maximum extent possible to achieve swift resolution of disputes concerning Claims without the need for a determination by the Court.8. CONSENT TO JURISDICTIONBy submitting your Proof of Claim Form, you consent to the jurisdiction of the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida for all purposes and agree to be bound by its decisions, including, without limitation, a determination as to the validity and amount of any Claims asserted against the Receivership Entities. In submitting your Proof of Claim Form, you agree to be bound by the actions of the Circuit Court even if that means yourClaim is limited or denied.9. RESERVATION OF RIGHTSThe Receiver reserves the right to dispute, or assert offsets or defenses as to the extent, validity, priority, or otherwise against, any amounts asserted in any Proof of Claim, including but not limited to the manner in which accounts will be aggregated and treated under a Court-approved distribution plan. Nothing set forth in this notice or the Proof of Claim shall preclude the Receiver from objecting to any Proof of Claim, on any grounds. Subject to the approval of the Court, the Receiver retains the sole and absolute right to propose a plan of distribution. 11/11/2024 & 11/18/2024 7724134