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UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 20-CV-81205-RAR

SECURITIES AND EXCHANGE 

COMMISSION,

Plaintiff,

v. 

COMPLETE BUSINESS SOLUTIONS 

GROUP, INC. d/b/a PAR FUNDING, et al.

Defendants. 

______________________________________/ 

RECEIVER, RYAN K. STUMPHAUZER’S (1) RESPONSE IN OPPOSITION 

TO NON-PARTY, FIRSTBANK PUERTO RICO d/b/a FIRSTBANK FLORIDA’S 

MOTION TO INTERVENE AND RELIEF FROM THE AMENDED ORDER 

APPOINTING RECEIVER AND (2) MOTION TO LIFT LITIGATION INJUNCTION

TO ALLOW CONTINUATION OF FORECLOSURE PROCEEDINGS INVOLVING 

PROPERTY LOCATED AT 11278 NW 88TH TERRACE, MIAMI, FL 33178 

Ryan K. Stumphauzer, Esq., Court-Appointed Receiver (“Receiver”) of the Receivership 

Entities,

1 by and through undersigned counsel, hereby files his: (1) response in opposition to Non1 The “Receivership Entities” are Complete Business Solutions Group, Inc. d/b/a Par Funding (“Par 

Funding”); Full Spectrum Processing, Inc. (“Full Spectrum”); ABetterFinancialPlan.com LLC 

d/b/a A Better Financial Plan; ABFP Management Company, LLC f/k/a Pillar Life Settlement 

Management Company, LLC; ABFP Income Fund, LLC; ABFP Income Fund 2, L.P.; United 

Fidelis Group Corp.; Fidelis Financial Planning LLC; Retirement Evolution Group, LLC; RE 

Income Fund LLC; RE Income Fund 2 LLC; ABFP Income Fund 3, LLC; ABFP Income Fund 4, 

LLC; ABFP Income Fund 6, LLC; ABFP Income Fund Parallel LLC; ABFP Income Fund 2 

Parallel; ABFP Income Fund 3 Parallel; ABFP Income Fund 4 Parallel; ABFP Income Fund 6 

Parallel; ABFP Multi-Strategy Investment Fund LP; ABFP Multi-Strategy Investment Fund 2 LP; 

MK Corporate Debt Investment Company LLC; Capital Source 2000, Inc.; Fast Advance Funding 

LLC; Beta Abigail, LLC; New Field Ventures, LLC; Heritage Business Consulting, Inc.; Eagle 

Six Consultants, Inc.; 20 N. 3rd St. Ltd.; 118 Olive PA LLC; 135-137 N. 3rd St. LLC; 205 B 

Arch St Management LLC; 242 S. 21st St. LLC; 300 Market St. LLC; 627-629 E. Girard LLC; 

715 Sansom St. LLC; 803 S. 4th St. LLC; 861 N. 3rd St. LLC; 915-917 S. 11th LLC; 1250 N. 

25th St. LLC; 1427 Melon St. LLC; 1530 Christian St. LLC; 1635 East Passyunk LLC; 1932 

Spruce St. LLC; 4633 Walnut St. LLC; 1223 N. 25th St. LLC; Liberty Eighth Avenue LLC; The 

LME 2017 Family Trust; Blue Valley Holdings, LLC; LWP North LLC; 500 Fairmount Avenue, 

Case 9:20-cv-81205-RAR Document 1603 Entered on FLSD Docket 06/19/2023 Page 1 of 4
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Party, Firstbank Puerto Rico d/b/a Firstbank Florida’s(“Firstbank”) Motion to Intervene and Relief

from the Amended Order Appointing Receiver [ECF No. 1857] (the “Motion to Intervene”); and 

(2) Motion to Lift the Litigation Injunction to Allow Continuation of Foreclosure Proceedings 

Involving of Property Located at 11278 NE 88th Terrace, Miami, Florida 33178 (the “Receiver’s 

Motion to Lift Litigation Injunction”), and states as follows:

1. In the Motion to Intervene, non-party Firstbank asks the Court to permit it to 

intervene in this action for the purpose of obtaining relief from the stay of litigation in the Amended 

Order Appointing Receiver [ECF No. 141] (the “Litigation Injunction”), so that Firstbank may 

proceed with a foreclosure sale of certain property located at 11278 NE 88th Terrace, Miami, 

Florida 33178 (the “Property”).

2. Firstbank holds a lien over the Property through a mortgage that Andres Geraldo 

Esis Quinones (“Quinones”) executed in favor of Firstbank (the “Firstbank Mortgage”). 

3. On January 3, 2019, Complete Business Solutions Group, Inc. d/b/a Par Funding 

(“CBSG”), as collateral for a merchant cash advance it provided to Quinones’ business, recorded 

a mortgage against the Property (the “CBSG Mortgage”) that is junior to the Firstbank Mortgage.

4. Additionally, on December 31, 2019, a final judgment in favor of CBSG and 

against Quinones (the “CBSG Judgment”) was recorded in the Official Records of Miami-Dade 

County, which is also junior to the Firstbank Mortgage.

5. On September 7, 2022, Firstbank filed an action in the Eleventh Judicial Circuit, in 

and for Miami-Dade County, Florida, asserting several claims against Quinones, including a claim 

LLC; Recruiting and Marketing Resources, Inc.; Contract Financing Solutions, Inc.; Stone Harbor 

Processing LLC; and LM Property Management LLC; and the Receivership also includes the 

properties located at 568 Ferndale Lane, Haverford PA 19041; 105 Rebecca Court, Paupack, PA 

18451; 107 Quayside Dr., Jupiter FL 33477; 2413 Roma Drive, Philadelphia, PA 19145.

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for mortgage foreclosure (the “State Court Lawsuit”). Firstbank has named the Receiver as a 

defendant in the State Court Lawsuit, seeking a determination that the CBSG Mortgage and the 

CBSG Judgment as liens on the Property are inferior and subordinate to the Firstbank Mortgage.

6. As this Court is aware, CBSG has more than 1,000 merchants with outstanding 

balances on their merchant cash advance agreements. The Receiver is attempting to resolve issues 

relating to the amounts owed on these merchant cash advance agreements. For example, as a result 

of Orders from this Court granting the Receiver’s prior motions to lift the Litigation Injunction, 

the Receiver has marked confessed judgments as satisfied or dissolved writs of attachment with 

respect to collections proceedings involving more than 300 merchants.

7. Recognizing the challenges that may accompany allowing numerous non-parties to 

intervene in this action for the purpose of seeking to lift the litigation injunction, the Receiver 

requests the Court to deny the Motion to Intervene.2

 At the same time, however, the Receiver, 

through the Receiver’s Motion to Lift Litigation Injunction, hereby requests the Court to lift the 

Litigation Injunction for the limited purpose of allowing Firstbank to foreclose on its Mortgage 

and proceed with the State Court Lawsuit, in accordance with applicable state law.

WHEREFORE, Ryan K. Stumphauzer, as Court-Appointed Receiver, by and through his 

undersigned counsel, respectfully requests this Honorable Court to: (1) deny Firstbank’s Motion 

to Intervene; and (2) grant the Receiver’s Motion to Lift Litigation Injunction, on a limited basis 

as set forth above. A proposed order for the Court’s consideration is attached as Exhibit 1.

2 To that end, the Receiver incorporates the SEC’s prior arguments opposing requests by nonparties to intervene in this SEC enforcement action. See, e.g., SEC’s Response in Opposition to 

Lead Funding’s first Motion to Intervene [ECF No. 409].

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Dated: June 19, 2023 Respectfully Submitted, 

STUMPHAUZER KOLAYA

NADLER & SLOMAN, PLLC

Two South Biscayne Blvd., Suite 1600 

Miami, FL 33131 

Telephone: (305) 614-1400 

Facsimile: (305) 614-1425 

By: /s/ Timothy A. Kolaya 

TIMOTHY A. KOLAYA

Florida Bar No. 056140 

tkolaya@sknlaw.com

Co-Counsel for Receiver 

PIETRAGALLO GORDON ALFANO 

BOSICK & RASPANTI, LLP

1818 Market Street, Suite 3402 

Philadelphia, PA 19103 

Telephone: (215) 320-6200 

Facsimile: (215) 981-0082 

By: /s/ Gaetan J. Alfano 

GAETAN J. ALFANO 

Pennsylvania Bar No. 32971 

(Admitted Pro Hac Vice) 

GJA@Pietragallo.com

Co-Counsel for Receiver 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on June 19, 2023, I electronically filed the foregoing document 

with the clerk of the Court using CM/ECF. I also certify that the foregoing document is being 

served this day on counsel of record via transmission of Notices of Electronic Filing generated by 

CM/ECF.

 /s/ Timothy A. Kolaya 

 TIMOTHY A. KOLAYA

Case 9:20-cv-81205-RAR Document 1603 Entered on FLSD Docket 06/19/2023 Page 4 of 4