Denver Hardwood Receivership Website

On November 14, 2024, ACF FINCO I LP, a Delaware limited partnership “ACF”) initiated an action against Denver Hardwood Co. Incorporated, a Maryland corporation (“Denver Hardwood”) in the District Court in and for the City and County of Denver, Colorado (the “Court”), captioned ACF FINCO I LP v. Denver Hardwood Co. Incorporated, proceeding under Case No. 2024CV33523 (the “Action”).

Order Appointing Receiver

On November 21, 2024, the Court entered the attached Order Appointing of [sic] Receiver (the “Order”), appointing Daniel Rose of Silverman Consulting as receiver (the “Receiver”) “for the Personal Property Collateral and any business, properties and assets, real, personal, and mixed, of whatever kind and description, and wheresoever situated which are owned by [Denver Hardwood] (the ‘Receivership Estate’).” You may view the Order here.

The Receiver is vested with, and authorized, directed, and empowered to exercise, all powers of Denver Hardwood, its officers, directors, members, or shareholders, or persons who exercise similar powers and perform similar duties with respect to the operation of the Receivership Estate and liquidation of the Personal Property Collateral. All future correspondence regarding Denver Hardwood or the Receivership Estate should be directed to the Receiver.

To the extent you hold or possess property of the Receivership Estate, you are instructed to turn over or provide access to such property to the Receiver. To the extent you may hold a claim against the Receivership Estate, the Receiver has not sought Court approval to commence a formal claims process and, to the extent such approval is sought and obtained, further notice to potential claimants will be provided.

Stay of Pre-Receivership Claims

The commencement of the receivership operates as a stay of any collection actions against the Receivership Estate. The Order enjoins persons and entities from, among other things:

(a) The commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding that was or could have been commenced before the commencement of the receivership, or to recover a Claim against the Receivership Estate that arose before the commencement of the receivership;

(b) the enforcement against the Receivership Estate of a judgment obtained before the commencement of the receivership;

(c) any act to obtain possession of, or to exercise control over, the Receivership Estate, or any part of the Collateral;

(d) any act to create, perfect, or enforce any lien against the Receivership Estate, or any part of the Collateral to the extent that such lien secures a Claim that arose before the commencement of the receivership;

(e) any act to collect, assess, or recover a Claim against the Receivership Estate that arose before the commencement of the receivership; and

(f) the setoff of any debt owing to the Receivership Estate that arose before the commencement of the receivership against any Claim against the Receivership Estate.

In the event you violate the stay imposed by the Receivership Order, the Receiver reserves all rights to pursue seek to enforce the order to the fullest extent allowed at law or in equity against you.

To the extent you have questions regarding the Receivership Estate, you may contact us.