Elena Puga and Nicole Edwards, On Behalf of Themselves and All Others Similarly Situated v. Nephrite Fund I, LLC (2024)

Citation: Elena Puga and Nicole Edwards, On Behalf of Themselves and All Others Similarly Situated v. Nephrite Fund I, LLC (2024)
Parent Document: Elena Puga and Nicole Edwards, On Behalf of Themselves and All Others Similarly Situated v. Nephrite Fund I, LLC (2024)
Jurisdiction: Missouri (state)
Effective Date: 2024-09-10
Original Source: https://www.courtlistener.com/opinion/10631430/elena-puga-and-nicole-edwards-... ↗

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           In their reply brief, Appellants emphasize that "the purported lien priority issue related
to a non-party (SPIG) who did not participate in the settlement negotiations or the underlying
litigation[,]" to further support their position that lien priority was not a material term. As noted,
Strategic and non-party SPIG lent money to Nephrite for the purpose of making improvements to
the Apartment. Contrary to Appellants' assertion, Nephrite had a direct interest in prioritizing
payment of its outstanding liabilities as the creditors' loans were used for the Apartment. Thus, it
follows that Nephrite would want to prioritize paying its creditors from the Apartment's sale
proceeds before the judgment lien was to be paid.
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are indicative that the October 26th phone call was merely a part of ongoing settlement

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