On January 17, 2012, the United States District Court for the Eastern District of Missouri appointed Claire M. Schenk as Receiver over the following entities:
- Acartha Group, LLC
- MIC VII, LLC
- Acartha Technology Partners, LP
- Gryphon Investments III, LLC.
Select Motions and Pleadings Filed
To access the most recent documents uploaded to this site, click the Recent Developments tab.
The Court’s Order establishes the Receiver as the companies' sole administrator and directs and empowers her to manage the business affairs, funds, and property of these entities. Investors, creditors, and other interested individuals may leave a message for the Receiver at (314) 552-6152 or via email at acartha.receivership@thompsoncoburn.com.
Mail may be directed to the Receiver at 505 North 7th Street, St. Louis, MO 63101.
Recent Developments and Newly Added Documents
August 15, 2018
Order Approving Final Distribution of Assets and Authorizing Payment of Legal and Professional Fees and Expenses, Wind Up of Proceeding, and Discharge of Receiver
August 1, 2018
Motion for an Order Approving Final Distribution of Assets and Authorizing Payment of Legal and Professional Fees and Expenses, Wind Up of Proceeding, and Discharge of Receiver
August 1, 2018
Memorandum of Law in Support of Receiver’s Motion for an Order Approving Final Distribution of Assets and Authorizing Payment of Legal and Professional Fees and Expenses, Wind Up of Proceeding, and Discharge of Receiver
May 8, 2018
Receiver’s Twenty-Fifth Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel, and Other Professionals
May 4, 2018
Twenty-Sixth Interim Status Report of Receiver
February 1, 2018
Receiver’s Twenty-Fourth Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel and Other Professionals
January 23, 2018
Twenty-Fifth Interim Status Report of Receiver
December 5, 2017
Order Approving Plan of Allocation for Distribution of Unliquidated Assets and Request for Authorities Regarding Wind-up Activities for Entities Managed by the Receiver
December 4, 2017
Receiver’s Notice of No Objection and Request for Entry of an Order on Receiver’s Motion to Approve Plan of Allocation for Distribution of Unliquidated Assets and Request for Authorities Regarding Wind-Up Activities for Entities Managed by the Receiver
November 17, 2017
Receiver’s Memorandum in Support of Plan of Allocation for Distribution of Unliquidated Assets and Request for Authorities Regarding Wind-Up Activities for Entities Managed by the Receiver
November 17, 2017
Receiver’s Motion to Approve Plan of Allocation for Distribution of Unliquidated Assets and Request for Authorities Regarding Wind-Up Activities for Entities Managed by the Receiver
October 30, 2017
Receiver’s Twenty-Third Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel and Other Professionals
October 27, 2017
Twenty-Fourth Interim Status Report of Receiver
August 7, 2017
Receiver’s Twenty-Second Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel and Other Professionals
August 3, 2017
Twenty-Third Interim Status Report of Receiver
June 16, 2017
Order Overruling Objection of Hany Teylouni
June 16, 2017
Order Granting Amended Motion to Approve Plan of Distribution, Approve Schedule of Claims, Authorize Distributions of Receivership Assets, and Approve Partial Payment of Holdback Amount Pertaining to Legal and Professional Services Rendered by the Receiver, Retained Counsel, and Other Professionals
June 15, 2017
Receiver’s Request for Entry of Orders on: (1) Receiver’s Motion to Approve Plan of Distribution, Approve Schedule of Claims, Authorize Distributions of Receivership Assets, and Approve Partial Payment of Holdback Amount Pertaining to Legal and Professional Services Rendered by the Receiver, Retained Counsel, and Other Professionals; and (2) Hany Teylouni’s Objection to Receiver’s Notice of Determination
June 1, 2017
Notice of Filing of Updated Distribution Schedules
May 26, 2017
Consent Motion for Leave to Assert Late Objection to Receiver’s Amended Motion to Approve Distribution Plan
May 19, 2017
Receiver’s Notice of No Objection and Request for Entry of an Order on Receiver’s Motion to Approve Plan of Distribution, Approve Schedule of Claims, Authorize Distributions of Receivership Assets, and Approve Partial Payment of Holdback Amount Pertaining to Legal and Professional Services Rendered by the Receiver, Retained Counsel, and Other Professionals
May 10, 2017
Order Granting Receiver’s Motion for Leave to Amend/Correct the Motion to Approve Distribution Plan
May 10, 2017
Receiver’s Motion to Approve Plan of Distribution, Approve Schedule of Claims, Authorize Distributions of Receivership Assets, and Approve Partial Payment of Holdback Amount Pertaining to Legal and Professional Services Rendered by the Receiver, Retained Counsel, and Other Professionals
May 9, 2017
Motion to Amend/Correct Receiver’s Motion to Approve Distribution Plan
May 3, 2017
Receiver’s Twenty-First Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel and Other Professionals
May 2, 2017
Twenty-Second Interim Status Report of Receiver
April 28, 2017
Notice Regarding Receiver’s Motion to Approve Distribution Plan
April 20, 2017
Memorandum in Support of Receiver’s Motion to Approve Plan of Distribution, Approve Schedule of Claims, Authorize Distributions of Receivership Assets, and Approve Partial Payment of Holdback Amount Pertaining to Legal and Professional Services Rendered by the Receiver, Retained Counsel, and Other Professionals
April 20, 2017
Receiver’s Motion to Approve Plan of Distribution, Approve Schedule of Claims, Authorize Distributions of Receivership Assets, and Approve Partial Payment of Holdback Amount Pertaining to Legal and Professional Services Rendered by the Receiver, Retained Counsel, and Other Professionals
February 3, 2017
Receiver’s Twentieth Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel and Other Professionals
February 3, 2017
Twenty-First Interim Status Report of Receiver
January 12, 2017
Order Granting Receiver’s Nineteenth Interim Application for Fees and Expenses
January 12, 2017
Order Approving Receiver’s Twentieth Interim Status Report
November 7, 2016
Receiver’s Nineteenth Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel and Other Professionals
May 17, 2016
Motion for Leave to File Exhibit C to the Receiver’s Memorandum of Law in Support of Receiver’s Motion for Approval of Sale of Interests in Clearbrook Global Advisors LLC under Seal
May 17, 2016
Memorandum of Law in Support of Receiver’s Motion for Approval of Sale of Interests in Clearbrook Global Advisors LLC
May 17, 2016
Receiver’s Motion for Approval of Sale of Interests in Clearbrook Global Advisors LLC
May 16, 2016
Receiver’s Seventeenth Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel and Other Professionals
May 5, 2016
Order Granting Receiver’s Sixteenth Interim Application for Fees and Expenses
May 5, 2016
Order Granting Receiver’s Seventeenth Interim Status Report
May 3, 2016
Eighteenth Interim Status Report of Receiver
April 14, 2016
Order Sustaining Objection of Blink Marketing Group, LLC
Burton Douglas Morriss Chapter 7 Bankruptcy
On January 9, 2012, Burton Douglas Morriss filed for bankruptcy protection under Chapter 11 of the Bankruptcy Code, in the United States Bankruptcy Court for the Eastern District of Missouri, Case No. 12-40164. Prior to the Receiver’s appointment on January 17, 2012, Burton Douglas Morriss served as the chief executive officer and chairman of Acartha Group, LLC’s board of directors, the managing member of MIC VII. Mr. Morriss also served as a manager of Gryphon Investments III, LLC, the general partner of Acartha Technology Partners, L.P., and as the chairman and controlling member of Morriss Holdings, LLC and a member of its board of directors. Mr. Morriss is a named defendant in the SEC Litigation, but the Receiver was not appointed as a receiver for Mr. Morriss.
On February 13, 2012, United States Bankruptcy Judge Kathy A. Surratt-States converted Mr. Morriss’ bankruptcy case to one pending under Chapter 7 of the Bankruptcy Code. Also on February 13, 2012, Charles W. Riske was appointed as Chapter 7 trustee for Mr. Morriss’s bankruptcy estate.
On March 28, 2012, the Chapter 7 trustee held the Section 341 first meeting of creditors in Mr. Morriss’s bankruptcy case. Also on March 28, 2012, the Receiver conducted a Rule 2004 examination of Mr. Morriss. Both the first meeting of creditors and Rule 2004 examination were held at the offices of Thompson Coburn LLP, One US Bank Plaza, 35th Floor, Saint Louis, Missouri, 63101. The continued first meeting of creditors is set for July 17, 2012 at 10:00 a.m. C.S.T. at the U.S. Trustee’s Meeting Room, Suite 6.365A, United States Bankruptcy Court for the Eastern District of Missouri, Thomas F. Eagleton U.S. Courthouse, 111 South Tenth Street, St. Louis, Missouri 63102.
The current deadline to file a complaint to determine the dischargeability of Mr. Morriss’s debts or oppose Mr. Morriss’s discharge is February 8, 2013. See Dkt. No. 102.
As the Receiver deems appropriate and relevant to her management of the Receivership Entities, the Receiver will post select motions, pleadings and orders entered in Mr. Morriss’s bankruptcy case. To access all publicly available pleadings filed in Mr. Morriss’s bankruptcy case, please visit www.pacer.gov and register for a PACER account.
Pleading | Dkt. No. | Date |
Voluntary Petition | 1 | January 9, 2012 |
U.S. Trustee’s Motion to Dismiss Case or in the Alternative, Motion to Convert Case from Chapter 11 to 7 | 22 | January 31, 2012 |
Receiver’s Motion to Appoint Trustee or Alternatively, for Conversion of Case | 30 | February 6, 2012 |
Receiver’s Emergency Motion for 2004 Examination of Debtor Burton Douglas Morriss and Production of Certain Documents in Connection Therewith | 34 | February 6, 2012 |
SEC’s Joinder to, and Statement in Support of, Receiver’s Motion for Appointment of Trustee, or Alternatively, for Conversion of Case | 43 | February 9, 2012 |
Summary of Schedules with Attached Statement Concerning Debtor’s Schedules and Statements | 44 | February 9, 2012 |
Order Denying as Moot Motion to Appoint Trustee and Granting Motion to Convert Case from Chapter 11 to 7 | 50 | February 13, 2012 |
Application for Order Pursuant to 11 U.S.C. § 327 of the Bankruptcy Code Authorizing Employment and Retention of the Ashcroft Law Firm, LLC as Counsel for Debtor Nunc Pro Tunc to January 20, 2012 or Alternatively, a Ruling that Retention of the Ashcroft Law Firm, LLC is Beyond the Scope of the Debtor’s Estate (without exhibits)* | 57, 58 | February 21, 2012 |
Order Granting Motion for 2004 Examinationn | 69 | March 6, 2012 |
Order Granting Motion for 2004 Examination 69 March 6, 2012 Notice of Examination Pursuant to Federal Rule of Bankruptcy Procedure 2004 and Notice of Subpoena | 70 | March 7, 2012 |
Interested Party Eric Sarasin’s Motion to Extend Deadline to Object to Debtor’s Discharge or Challenge Dischargeability of Certain Debts | 78 | March 12, 2012 |
Receiver’s Objection to Application for Order Pursuant to 11 U.S.C. § 327 of the Bankruptcy Code Authorizing Employment and Retention of the Ashcroft Law Firm, LLC as Counsel for Debtor Nunc Pro Tunc to January 20, 2012 or Alternatively, a Ruling that Retention of the Ashcroft Law Firm, LLC is Beyond the Scope of the Debtor’s Estate | 79 | March 12, 2012 |
Trustee’s Objection to Application for Order Pursuant to 11 U.S.C. § 327 of the Bankruptcy Code Authorizing Employment and Retention of the Ashcroft Law Firm, LLC as Counsel for Debtor Nunc Pro Tunc to January 20, 2012 or Alternatively, a Ruling that Retention of the Ashcroft Law Firm, LLC is Beyond the Scope of the Debtor’s Estate | 80 | March 12, 2012 |
JPMorgan Chase Bank, N.A.’s Motion to Lift Stay With Respect to 2007 Bentley Arnage | 86 | March 22, 2012 |
Trustee’s Motion to Extend Time to Object to Discharge/Dischargeability | 88 | March 26, 2012 |
Motion of Receivership Entities for Order Extending the Deadline for Objecting to Discharge and Dischargeability | 95, 96 | March 29, 2012 |
Order Granting Motion of JPMorgan Chase Bank, N.A. for Relief from Stay | 100 | April 18, 2012 |
Order Granting Motion to Extend Time to Object to Discharge, Dischargeability | 102 | April 26, 2012 |
Notice that Creditors who wish to share in any distribution of funds must file proof of claim with the Clerk of the U.S. Bankruptcy Court by October 17, 2012 | | July 9, 2012 |
Affidavit of Leslie L. Lane In Support of First Amended Application for Order Pursuant to 11 U.S.C. Section 327 of the Bankruptcy Code Authorizing the Employment and Retention of Lane Law Firm as Counsel for the Debtor Nunc Pro Tunc to January 9, 2012 | 128 | July 17, 2012 |
Reply to Response of the United States Trustee to the First Amended Application for Order Pursuant to 11 U.S.C. Section 327 of the Bankruptcy Code Authorizing the Employment and Retention of Lane Law Firm as Counsel for the Debtor Nunc Pro Tunc to January 9, 2012
| 132 | July 30, 2012 |
Order Denying Application Authorizing the Employment and Retention of Lane Law Firm As Counsel for the Debtor Nunc Pro Tunc | 133 | August 2, 2012 |
Motion to Sell Personal Property | 146 | November 13, 2012 |
Notice of Hearing and Motion for Relief from Automatic Stay by Pulaski Bank | 154 | November 19, 2012 |
Order Granting Pulaski Bank’s Motion for Relief from The Automatic Stay | 158 | December 7, 2012 |
Order Granting Motion to Sell Personal Property | 161 | December 7, 2012 |
Second Joint Motion of Receivership Entities for Order Extending the Deadline for Objecting to Discharge and Dischargeability | 176 | January 4, 2013 |
Second Motion to Extend Deadline to Object to Debtor’s Discharge or Challenge Dischargeability of Certain Debts | 182 | January 15, 2013 |
Order Granting Motions to Extend Time to Object to Debtor’s Discharge and Dischargeability of Debts | 187 | January 28, 2013 |
Notice of Trustee’s Final Report and Applications for Compensation and Deadline to Object (NFR) | 311 | August 11, 2015 |
*Note that Mr. Morriss withdrew the Application for Order Pursuant to 11 U.S.C. § 327 of the Bankruptcy Code Authorizing Employment and Retention of the Ashcroft Law Firm, LLC as Counsel for Debtor Nunc Pro Tunc to January 20, 2012 or Alternatively, a Ruling that Retention of the Ashcroft Law Firm, LLC is Beyond the Scope of the Debtor’s Estate on March 16, 2012.
Claims Information
On March 4, 2013, the Court issued an order granting the Receiver’s Motion to Establish Claims Bar Date, Approve Manner and Form of Notice of Claims Bar Date and Approve Process for Submitting Claims (the “Claims Bar Date Order”). To view a copy of the Court’s order, click here. The Court’s order establishes
MONDAY, MAY 6, 2013, at 11:59 p.m. (prevailing Central Time)
(the “Claims Bar Date”), as the deadline for certain claimants to submit a completed and signed Proof of Claim Form under penalty of perjury, together with supporting documentation (a “Proof of Claim Form”), against the Receivership Entities.
The Claims Bar Date and claims filing procedures apply to all claims against the Receivership Entities that arose prior to January 17, 2012, the date the Receiver was appointed. If you believe any of the Receivership Entities may owe you money or a distribution interest, including a debt, equity or hybrid type interest, you should consider filing a claim before the Claims Bar Date. Holders of claims that arose after January 17, 2012, including Administrative Claimants, are not required to submit a Proof of Claim Form at this time.
On August 22, 2013, the Court issued an order amending the Claims Bar Date Order and extending certain deadlines, including the deadline by which the Receiver must issue Notices of Determination, the last date by which Claimants may object to Notices of Determination, and the time period for filing objections with the Court. To view a copy of the Court’s order, click here.
Please review the Court’s orders and the Claims Bar Date notices for more detailed information.
Important Documents
To view a copy of the Receiver’s Notice of Claims Bar Date, click here.
To view a copy of the notices published in the St. Louis Post-Dispatch and the Star-Ledger (Newark) regarding the Claims Bar Date, click here.
To access a fillable version of the Proof of Claim Form, click here.
Submission of Proof of Claim Forms
Proof of Claim Forms may be submitted to the Receiver in the following manner:
- by mail to Acartha Group Receivership, 505 North 7th Street, Saint Louis, Missouri 63101;
- by courier service, overnight service or hand delivery addressed to Acartha Group Receivership, 505 North 7th Street, Saint Louis, Missouri 63101; or
- by electronic mail, as an attachment in portable document format (.pdf), to acartha.receivership@thompsoncoburn.com.
Claimants who submit Proof of Claim Forms by courier service, overnight service, hand delivery or electronic mail should retain a copy of their bill of lading or other proof of delivery of their Proof of Claim Form.
To be considered timely, Proof of Claim Forms must be:
- officially postmarked on or before the Claims Bar Date, if sent by mail;
- actually received by the Receiver on or before the Claims Bar Date, if hand-delivered or sent by courier;
- transmitted on or before the Claims Bar Date, if sent by electronic mail.
Persons and entities should file Proof of Claim Forms only for claims against one or more of the Receivership Entities. Persons and entities should not file Proof of Claim Forms for claims against any other entities, including but not limited to Morris Administration d/b/a Acartha Group Funding, Acartha Merchant Partners, Acartha Special Situations Funding, Acartha Specialty Finance Investment, Clearbrook Acquisition, Evergrid Acquisition, Evergrid MIC VII, Integrien Acquisition Capital II, LLC, Integrien Acquisition II, LLC, Integrien Acquisitions, LLC, Librato Acquisition II, LLC, Tervela Acquisition II, LLC, Tervela Acquisition III, LLC, Tervela Acquisition, LLC, or other special purpose vehicle entities established by the Receivership Entities.
