VC MACON GA LLC v. VIRGINIA COLLEGE LLC et al

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IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
VC MACON GA, LLC
Plaintiff
v. Civil Action No. 5:18-cv-00388-TES
VIRGINIA COLLEGE, LLC; and Hon. Tilman E. Self III
EDUCATION CORPORATION OF
AMERICA,
Defendants.
ORDER
This matter came to be heard upon the Motion of the Receiver for an order granting his
discharge and the conclusion of the Receivership.
Upon consideration of the Motion; and it appearing that the notice of the Motion provided
is appropriate and sufficient under the circumstances and that no other or further notice need be
given; and upon finding that due and sufficient notice of the Motion was given, all parties in
interest have received notice and have been heard or had the opportunity be heard, and that no
other or further notice is required; it is hereby
1. ORDERED that the Motion is GRANTED;
2. The Receiver, and his professionals, are discharged from the obligations and duties
established in the Receivership Order (Doc. 26);
3. The Receivership Estate established pursuant to the Receivership Order shall be
terminated;
4. The Receivership Estate shall be deemed fully administered and liquidated; and the
Receiver's authority to manage, operate, or control the assets of the Receivership Estates
shall be terminated, without further order of this Court;
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5. The disbursements that have been made by the Receiver are with prejudice, not subject to
disgorgement, claw back or refund of any kind, binding on all creditors and parties in
interest, and all creditors and parties in interest are barred from asserting claims against the
Receiver, the Receivership Estate, or any recipients of the distributions;
6. The Court hereby ratifies, confirms, and approves the Receiver's acts (other than for acts
involving a finding by the Court of malfeasance, bad faith, gross negligence, or reckless
disregard of their duties) as being correct and proper and in the best interest of the
Receivership Estate, the investors and creditors of the Receivership Estate, the claimants
of the Claims Process, all other interested parties, and the parties to this action, all of the
Receiver's and his professionals’ acts and transactions during the time the Receiver served
as Receiver in this case, including, but not limited to, those disclosed by the pleadings,
reports, applications and other papers filed with this Court;
7. The Receiver and all professionals retained by the Receiver, shall be fully and forever
released and discharged from any and all liability for acts taken, or omissions, pursuant to
and in good faith compliance with the Receivership Order, including, but not limited to,
any and all claims, cross-claims, counterclaims, causes, damages, and actions, of every
kind, character, and description, whether direct or indirect, known or unknown, in law or
in equity, which any person, entity or party has or will have against the Receiver or any
professionals retained by the Receiver or their respective affiliates on account of, arising,
or resulting from, or in any manner incidental to, the receiverships established by the
Receivership Order, the Receiver's actions or inactions in his capacity as Receiver, the
Receiver's professionals actions or inactions in representing the Receiver, the Receiver's
possession or use of property of the Receivership Estate, the administration of the
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Receivership Estate, or any other acts or omissions of the Receiver or the Receiver's
professionals;
8. All creditors, investors, and other parties in interest shall be permanently and forever
barred, restrained and enjoined from taking any action to impose or seeking to impose
liability on the Receiver, all professionals retained by the receiver, or the Receivership
Estate, without first obtaining relief to do so from the Court and only upon a finding by
this Court that the Receiver or said persons acted or failed to act as a result of bad faith or
gross negligence or in reckless disregard of the Receiver's or said person's professional
duties. Any and all defenses are preserved by the Receiver and his professionals;
9. The Court shall retain jurisdiction over any and all matters arising out of or relating to this
Order, its enforcement, the Receivership, or any future actions, findings, or claims;
10. The Receiver’s actions and requested relief are found to be prudent considering the
circumstances and a reasonable exercise of the Receiver’s business judgment;
11. This Order shall be immediately effective and enforceable upon its entry and there shall be
no stay of execution or effectiveness of this Order, notwithstanding anything to the contrary
proscribed by applicable law; and
SO ORDERED, this _______ day of ______________________, 2026.
____________________________________
TILMAN E. SELF, III, JUDGE
UNITED STATES DISTRICT COURT
30th September
s/Tilman E. Self, III
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