U.S. v. CARAWAY

No. C-08-4371 MMC.

UNITED STATES OF AMERICA, Plaintiff, v. DOUGLAS CARAWAY, ET AL., Defendants.

United States District Court, N.D. California, San Francisco Division.

Editors Note
Applicable Law: 28 U.S.C. § 1340
Cause: 28 U.S.C. § 1340 IRS: Custom Duties
Nature of Suit: 870 Taxes
Source: PACER


Attorney(s) appearing for the Case

United States of America, Plaintiff, represented by Blake D. Stamm , U.S. Attorney's Office.

United States of America, Plaintiff, represented by Cynthia Lewis Stier , United States Attorney's Office, David L. Denier , United States Attorney's Office & Thomas Moore , U.S. Attorney's Office.

Douglas R. Caraway, Defendant, represented by Diane Chamberlin Deckard , The Deckard Law Firm.

Fremont Bank, Defendant, represented by Terrance Lloyd Stinnett , Fremont Bank.

State of California Franchise Tax Board, Defendant, represented by Karen W. Yiu , Office of the Attorney General.

Employment Development Department of the State of California, Defendant, represented by Karen W. Yiu , Office of the Attorney General.

Chester J. Gilbert, Defendant, Pro Se.

Collectronics, Inc., Defendant, represented by Douglas Brion Provencher , Provencher & Flatt LLP.

Patrick R Giles, Defendant, Pro Se.


(PROPOSED) ORDER CANCELLING PUBLIC SALE OF PROPERTY; DIRECTIONS RE: RELEASE OF SUMS HELD BY CLERK OF COURT

MAXINE CHESNEY, District Judge.

Given the status report filed May 4, 2017, reporting that there has been a successful private sale of the real property located at 734 Neal Avenue, San Carlos, California, (the "Subject Property") pursuant to the terms of the Amended Stipulation for Authorization for Private Sale, and the Order signed by the Court on April 26, 2017, the public auction scheduled for May 17, 2017, as authorized by this Court's Judgment and Decree of Sale entered February 22, 2017, is no longer necessary and is hereby cancelled.

The In the above-referenced status report, the IRS, the State of California Employment Development Department (EDD) and Fremont Bank have confirmed that they have received payment of their liens from escrow. Although the escrow officer informed that a payment check regarding the lien of the State of California Franchise Tax Board Page 2> (FTB) was mailed to the FTB, it has not been able to confirm receipt of payment as of May 4, 2017. Given the tax filing season, it may take as long as two weeks for the FTB's check to be posted. Nevertheless, the FTB has joined in the above-referenced status report, requesting that the Court release the sums currently held by the Clerk of Court.

Moreover, Accordingly, the Clerk of the Northern District of California, who is holding $20,000, in forfeited funds paid by bidders at auctions of the Subject Property is hereby ordered to release the sum of $5,501.41 to the IRS to cover the expenses incurred related to the prior attempts to sell the subject property at public auction. The Clerk of Court is directed to pay the sum of $5,501.41 to the Internal Revenue Service and send it to Cynthia Stier, AUSA, United States Attorney's Office, 450 Golden Gate Ave, Box 36055, San Francisco, CA 94102-3495. The balance of $14,498.59 is ordered to be released to Douglas Caraway c/o the Deckard Law Firm., 96 N. Third Street, Ste. 350, San Jose, CA 95112.


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