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McGeehan Pascale, PLC
Attorneys & Councellors at Law​
11211 Waples Mill Rd #210
Fairfax, VA 22030
​703.273.5303
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Current Developments In the BLACKACRE 1031 RECEIVERSHIP


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John P. McGeehan is the managing member of McGeehan Pascale, PLC. His practice focuses on business structures, especially new, emerging, small businesses and not for profit organizations, all business transactions, employment law, real estate, commercial leasing, estate planning and litigation before administrative agencies and all courts.​ 


Correction regarding Final Hearing on Blackacre 1031 Exchange Services, LLC Receivership

1/8/2021

 
First, I was mistaken regarding a hearing on January 11, 2021.  There is no hearing on January 11.   The order stated that, by that date, I was to give a notice for a final hearing thereafter.  I have called Chambers to determine when Judge Ortiz is available for a two-hour hearing and then I will publish and send a notice to all claimants or their attorneys.  The subject of the hearing will be to explain the methodology and proposed distributions. 

Second, an issue that has been raised was if anyone appeals the order of distribution following the hearing, I cannot disburse all of the money I am holding and possibly later have that reversed on appeal and have to “claw back” the disbursements.  So, an actual distribution may not occur for 30 days after the entry of a final order.   

Third, Mr. Persil and my office are winding up a few financial items and bringing those numbers through December 31, 2020.  I met with him yesterday to do that. However, there are “moving targets” in the accounting.  Some small income may come in and some expenses may occur after December 31.  Therefore, there are some estimates that will be adjusted before the actual distribution. 

Fourth, Mr. Persil said he will have his completed report to me by Friday, January 15, 2021.  It is in Excel format.  I will confer with my IT consultant whether I will be able to publish the report on the web site.  There has been a delay on that, because he was exposed to Corona virus and self-isolated.  However, the objective is to make it available to everyone and provide about two weeks for objections and comments. 

​Fifth, I anticipate that the hearing will be near the end of January, depending on the judge’s schedule.   For attorneys and unrepresented claimants who want to participate in the hearing electronically, please contact the Circuit Court.

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