Par Funding Files Strong Response to SEC’s TRO After “Lockout”

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United States Securities and Exchange commission SEC logo on entrance of DC building near H streetPar Funding’s attorneys at Fox Rothschild filed a strong response with the Court over the apparent actions taken by the Receiver to lock out its employees and suspend ACH debits, the docket shows.

“On the afternoon of July 28, the SEC advised that Mr. Stumphauzer (the appointed receiver) would cause the immediate dismissal of all the employees of the businesses and that no employees of the business would be permitted to enter the premises – leading to over 100 employees being barred from the business premises for the last week despite the fact that thousands of merchants around the country rely on ongoing communication with CBSG to ensure the ongoing viability of their business operations.”

It continues…

“To date, not a dollar has been taken in by the Receiver to pay investors, and they have not been paid. The Receiver’s and SEC’s actions are ruining a business with excellent fundamentals and a strong financial base and essentially putting it into an ineffective liquidation causing huge financial losses. In taking this course of action against a fully operational business, the key fact that has been lost by the SEC, is that their actions are going to unilaterally lead to massive investor defaults.”

You can view the entire argument here.

Par’s attorneys are expected to file a more comprehensive opposition by the end of the week.

deBanked did not reach out to any party for comment given the unlikelihood that any would be shared on pending litigation.

Last modified: August 4, 2020

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