JCS-TBTI Receivership

James D. Sallah
Court Appointed Receiver

Jeffrey L. Cox, Esq.
Counsel for the Receiver

Sallah Astarita & Cox, LLC
Attorneys at Law
Telephone: (561) 989-9080

Latest News

October 15, 2019

Receiver files Motion for Summary Adjudication (link attached) recommending the Court subordinate the largest receivership claim (approximately $7.3 million) as a trade creditor to claims of investor victims.

August, 29 2017

NOTICE OF AVAILABILITY OF PROOF OF CLAIM FORM AND CLAIM BAR DATE

NOTICE is hereby given that James D. Sallah, Esq. not individually, but solely in his capacity as Court-Appointed Receiver (the “Receiver”) ”) for JCS Enterprises Inc., d/b/a JCS Enterprises Services Inc., T.B.T.I. Inc., My Gee Bo, Inc., JOLA Enterprise Inc., and PSCS Holdings, LLC (collectively, “the Receivership Entities”) has made available a Court-approved Proof of Claim Form to any person and/or entity electing to submit a claim seeking a Court-approved distribution from the Receivership Entities’ assets. Download the Proof of Claim Form to submit here.

NOTICE is also hereby given that in order to be eligible to receive a distribution of the Receivership Entities’ assets, including, without limitation, the settlement proceeds of actions brought by the Receiver to recover the Receivership Entities’ assets, all persons and/or entities must complete the Proof of Claim Form (including the sworn oath on the last page) and return it, with the requested documentation, so that it received on or before 5:00 p.m. on November 27, 2017 (the “Claim Bar Date”) to: Office Manager, Sallah Astarita & Cox, LLC, 2255 Glades Rd., Ste. 300E, Boca Raton, Florida 33431. If the completed Proof of Claim Form is not received and signed under penalty of perjury at the above-referenced address by the Claim Bar Date, you will be forever barred from asserting any claim against assets collected by the Receiver or other assets transferred to the Receivership Entities, including, without limitation, the settlement proceeds of any actions brought by the Receiver to recover the Receivership Entities’ assets, and such persons and/or entities will not be eligible to receive any money from the Receiver.

March 2, 2018

On March 2, 2018, the Receiver files Sixth Report with the Court, which is available here.

April 3, 2017

On April 3, 2017, the Receiver filed a “Motion to Approve Claim Form, Manner of Notice of Claim Form, and Claims Bar Date” with the Court. The Motion and attached proposed Claim Form may be found under Court Documents.

March 31, 2017

On March 31, 2017 the Receiver filed two motions with the Court. One motion seeks to pool the assets of JCS, TBTI, JOLA, PSCS, and GeeBo into a single Receivership Estate for the purposes of a more efficient and cost effective Court approved claims process. The second motion seeks to transfer assets in “TBTI Defined Pension Plan” into the Receivership Estate for the purposes of the eventual distribution to approved claimants. Both motions may be found under Court Documents.

January, 11 2017

Receiver files Fifth Report with the Court, which is available here.

December, 7 2016

The Receiver is pleased to announce that he has obtained a declaratory judgment against Damon and Cathy Barnes providing him with an lien over assets worth approximately $400,000. As a result of this declaration, the Receiver has had the assets in those accounts transferred to the Receivership Estate without any tax penalties or withholding. A copy of the Declaratory Judgment can be found on this website under "Lawsuits Filed."

Frequently Asked Questions (Taxes) is available here.

Certain Court Documents

The following documents are in PDF format. Adobe Reader is required to view the PDF's. If you do not have Adobe Acrobat, please click here to download the free Adobe Reader.

  • Complaint for Injunctive and Other Relief against JCS Enterprises, Paul L. Schumack, II, Joseph Signore, T.B.T.I., dated 4/7/2014 (download)
  • Order Granting Temporary Restraining Order and Other Emergency Relief, dated 4/7/2014 (download)
  • Amended Receivership Order, dated 4/7/2014 (download)
  • Order Unsealing Case, dated 4/8/2014 (download)
  • Notice of Appearance by Jeffrey L. Cox on behalf of James D Sallah, dated 4/11/2014 (download)
  • Order Granting Motion to Expand Receivership, dated 4/14/2014 (download)
  • Order Granting Motion to Continue Preliminary Injunction Hearing reset for 4/28/2014 10:00 AM, dated 4/14/14 (download)
  • Consent to Preliminary Injunction by JCS Enterprises, Inc., and T.B.T.I. Inc., dated 4/15/2014 (download)
  • Motion to Stay Lawsuits and Expand Order, dated 04/22/14 (download)
  • Order Granting Preliminary Injunction Against Joseph Signore and Paul Schumack, dated 4/28/14 (download)
  • Motion For An Order Seeking Court Approval To Sell and Assign Certain T.B.T.I. Assets, dated 5/01/14 (download)
  • Motion to Stay Lawsuits Pursuant to the Amended Receivership Order and to Expand Such Stay, dated 5/01/14 (download)
  • Order Granting Approval to Sell and Assign Certain T.B.T.I. Assets, dated 5/2/14 (download)
  • Order Granting Receiver Motion to Stay Lawsuits and to Expand Stay, dated 5/2/14 (download)
  • Indictment of Joseph Signore, Paul Lewis Schumack II, Laura Grande-Signore, and Craig Allen Hipp, dated 5/8/2014 (download)
  • Order Granting Motion to Stay Lawsuit (Class Action), dated 6/16/2014 (download)
  • Order Granting Motion to Stay Civil Proceedings (SEC Case), dated 6/16/2014 (download)
  • First Report of Receiver James D. Sallah, Esq., dated 7/31/2014 (download)
  • Receiver’s Unopposed Motion for an Order Seeking Court Approval to Enter into an Assignment and Assumption Agreement to Transfer Certain Assets from the Schumacks to the Receivership Estate, dated 9/17/14 (download)
  • Assignment and Assumption Agreement, dated 9/17/14 (download)
  • Order Granting Receiver’s Motion for Approval of Assignment and Assumption Agreement, dated 9/19/14 (download)
  • Receiver’s Verified Motion for Entry of an Order Authorizing and Approving the (1) Asset Purchas Agreement, Including the Overbid and Auction Procedures Consisting of a Break-Up Fee and Expense Reimbursement; (2) Form and Manner of Notice of Sale; and (3) Sale of the Receivership Estate’s Assets Free and Clear of Liens, Claims, Encumbrances and Other Interests with Supporting Memorandum of Law, dated 11/24/2014 (download)
  • Order Granting Motion to Expand Receivership to Include JOLA and PSCS Holdings, dated 12/12/2014 (download)
  • Order Granting Motion to Reappoint Receiver, dated 12/15/2014 (download)
  • Order Reappointing Receiver, dated 12/15/2014 (download)
  • Order Granting Motion Authorizing Purchase Agreement, dated 1/6/2015 (download)
  • Second Report of Receiver James D. Sallah, Esq., dated 1/30/2015 (download)
  • Receiver's Unopposed Motion for Leave from Order [DE 188] and to Notify the Court of Buyer's Default Under the Asset Purchase Agreement with Supporting Memorandum of Law, dated 2/18/2015 (download)
  • Proposed Order Canceling Auction, dated 2/18/2015 (download)
  • Order Granting Motion to Cancel Auction, dated 2/19/2015 (download)
  • AS IS Purchase & Sale Contract for Former Schumack Residence, dated 8/14/2015 (download)
  • Motion to Approve Private Sale of Former Schumack Residence, dated 8/14/2015 (download)
  • Order Approving the Sale of Former Schumack Residence, dated 8/21/2015 (download)
  • Notice of Sale, dated 8/26/2015 (download)
  • Notice of Filing Third Report of Receiver James D. Sallah, Esq., dated 10/2/2015 (download)
  • Third Report of Receiver James D. Sallah, Esq., dated 10/2/2015 (download)
  • Assets for Auction, dated 10/16/2015 (download)
  • ORDER granting [228] Motion For Authority to Liquidate Certain Estate Assets, dated 10/14/2015 (download)
  • DE 292-1 “AS IS Residential Contract For Sale and Purchase Real Estate” for 3049 SW Longleaf Court, Port St. Lucie, Florida 34953 (download)
  • DE 297-1 “AS IS Residential Contract For Sale and Purchase Real Estate” for 3001 SW Longleaf Court, Port St. Lucie, Florida 34953 (download)
  • Notice of Filing Fourth Report of Receiver James D. Sallah, Esq., dated 5/19/2016 (download)
  • Fourth Report of Receiver James D. Sallah, Esq., dated 5/19/2016 (download)
  • Fifth Report of Receiver James D. Sallah, Esq., dated 1/11/2017 (download)
  • Supplement to Fifth Report of Receiver James D. Sallah, Esq., dated 2/28/2017 (download)
  • Motion to Pool Receivership Entities’ Assets into One Estate, dated 3/31/2017 (download)
  • Motion for Order to Transfer Assets to the Receivership Estate, dated 3/31/2017 (download)
  • Motion to Approve Claim Form, Manner of Notice of Claim Form, and Claims Bar Date, dated 4/03/2017 (download)
  • Proposed Claims Form - Exhibit A, dated 4/03/2017 (download)
  • Order Granting Motion to Approve Claim Form, Manner of Notice of Claim Form, and Claims Bar Date, dated 4/03/2017 (download)
  • Order to Transfer Assets to The Receivership Estate, dated 4/10/2017 (download)
  • Order Granting Receiver's Motion to Approve Claim Form, dated 4/10/2017 (download)
  • Order Granting Receiver's Motion to Pool Receivership Entities' Assets Into One Estate, dated 5/04/2017 (download)
  • Sixth Report of Receiver James D. Sallah, Esq., dated 3/02/2018 (download)
  • Receiver’s Interim Report, dated 6/18/2018 (download)
  • Receiver's Motion Related to Claims, dated 11/30/2018 (download)
  • DE 416 Order Granting Receiver's Motion to (1) Approve Determination and Priority of Claim, (2) Approve Plan of Distribution and (3) Establish Objection Procedure, dated 12/14/2018 (download)
  • DE 435 Receivers Mo for Summary Adjudication of Claim of First Data with Memorandum of Law, dated 10/15/2019 (download)
  • DE 436 RESPONSE in Opposition re [435] MOTION Receiver's Motion for Summary Adjudication of the Receivership, dated 11/4/2019 (download)
  • DE 437 Receiver’s Omnibus Reply in Support of His Motion For Summary Adjudication and Response to First Data’s Cross-Motion, dated 11/18/2019 (download)
  • DE 439 Plaintiff’s Response to Receiver’s Motion For Summary Adjudication of the Claims of First Data Merchant Services, LLC and First Data’s Cross-Motion For Summary Adjudication, dated 11/19/2019 (download)
  • DE 440 Reply in Further Support of Claimant First Data Merchant Services' Cross-Motion for Summary Adjudication, dated 11/27/2019 (download)
  • Joint Notice of Selection of Mediator and Scheduling Mediation Date, dated 1/31/2020 (download)