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Superior Court
About Us
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Chief Justice Rhys S. Hodge
Associate Justice Maria M. Cabret
Associate Justice Ive Arlington Swan
Associate Justice Harold W.L. Willocks
Hours and Locations
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Contact Us
Administration
Offices of the Court
Office of Bar Admissions
Overview
Committee of Bar Examiners
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Special Admissions
Pro Hac Vice Admissions
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Unauthorized Practice of Law
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S. Ct. Civ. No. 2018-0014
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S. Ct. Civ. No. 2018-0014
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S. Ct. Civ. No. 2018-0014
S. Ct. Crim. No. 2017-0043
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Case Caption:
Kennedy Funding, Inc. as agent for certain co-lenders v. GB Properties, LTD., and its successor in interest GAD Properties, LTD.
Case Number:
S. Ct. Civ. No. 2018-0014
Date:
05/20/2020
Author:
Swan, Ive Arlington
Citation:
2020 VI 5
Summary:
In a dispute between lenders who foreclosed under a consent judgment upon a commercial property and the auction purchaser thereof, concerning both the right to recover rents accruing after the date of the foreclosure sale, and responsibility for paying the $50,000 fee imposed under 28 U.S.C. § 1921 for the services performed by the United States Marshal Service in conducting the sale, the Superior Court did not err in ruling that the purchaser was entitled to receive rental payments commencing from the date when it purchased the property under 5 V.I.C. § 550, and that the lenders had provided no evidence that the purchaser agreed to pay the statutory commission owed to the Marshals Service, which by statute is to be derived from the proceeds of the sale. The Superior Court’s judgment, as reflected in its January 8, 2018 memorandum opinion and order, is affirmed.
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