UNITED STATES DISTRICT COURT 

FOR THE 

DISTRICT OF NEW HAMPSHIRE 

Drew Weber ) 

 ) Civil Action No. 1:07-cv-17 

Plaintiff, ) 

 ) 

 v. ) 

 ) 

Kurt Sanborn, Play Ball Manchester, LLC ) 

The Sanborn Group, Inc. ) 

and Sanborn Associates ) 

(collectively, “Sanborn Defendants”) ) 

 Defendants, ) 

 ) 

And ) 

 ) 

Bow Eq. Vil, LLC ) 

 ) 

Trustee Defendant ) 

ASSENTED-TO PROPOSED CHARGING ORDER

1. This matter was heard on February 5, 2007. At issue was the propriety of 

plaintiff Weber’s request for an ex parte real estate attachment via trustee 

process against the real estate holdings of defendant Bow Eq. Vil, LLC 

(“BEV”). 

2. Following the hearing, the Court vacated Weber’s attachment of BEV’s assets 

and ordered plaintiff Weber to discharge said attachment, finding that an 

attachment of BEV’s real estate assets was not supportable, because BEV has 

no liability to Weber with regard to his judgment-debt claim and, under New 

Hampshire law, the real estate assets of a limited liability company are not 

chargeable for the personal debts of the LLC’s members. 

3. BEV is a New Hampshire limited liability company, consisting of following 

two members: 1) Meadowbrook, LLC. (which holds a 65% membership 

interest); and 2) BLK Trust (which holds a 35% membership interest.). 

4. Meadowbrook, LLC is a Connecticut limited liability company, whose sole 

member is Mr. Richard Farley (“Farley”). 

Case 1:07-cv-00017-JM Document 17 Filed 08/02/07 Page 1 of 2
5. BLK Trust is a New Hampshire trust in which defendant Kurt D. Sanborn has 

a beneficial interest. 

6. BEV’s sole asset consists of 35.9 acres of land and improvements in Bow, 

New Hampshire (the “Bow Property”). 

7. The Bow Property is encumbered by a first-priority mortgage in the amount of 

approximately $1.1 million. 

8. Moreover, Farley has personally made loans or contributions to capital in 

excess of $1.4 million to BEV (the “Farley Indebtedness”). 

9. At the time of the hearing, BEV was intending to sell the Bow Property for the 

sum of $2.2 million, intending to pay off the $1.1 million mortgage and the 

Farley Indebtedness. 

10. The Court found that the $1.1 million mortgage and the Farley Indebtedness 

are entitled to priority payment from the proceeds of any sale of the Bow 

Property. 

11. The Court also found, however, that Weber is entitled to a charging order to 

reach whatever proceeds, monies, or distributions may be due the BLK Trust 

or any of the so-called Sanborn Defendants, from the remaining net proceeds 

of the sale of the Bow Property, if any. 

For the foregoing reasons, the Court hereby ORDERS and DECREES the following: 

 Before any funds are distributed for liquidation of the real estate asset, or 

dissolution of the entity, BowEq Vil LLC will provide Weber with an accounting of the 

anticipated distributions via certified mail sent to counsel within 5 business days of the 

anticipated distribution. If Weber objects to any aspect of the distributions other than the 

Farley Indebtedness, Weber shall file with this court an objection to the objectionable 

distributions. 

 BY THE COURT: 

 _____________________ 

Case 1:07-cv-00017-JM Document 17 Filed 08/02/07 Page 2 of 2