Publication

Offit Kurman Files Receivership Action for CMS Processing, LLC in the Circuit Court for Montgomery County, MD Case No. C-15-CV-22-004193, Jointly Consolidated Under CMS Holdings Group, LLC, Case Number C-15-CV-22-001735

On November 8 2022, James M. Hoffman, Esq. and Offit Kurman, P.A., as Counsel to Gray & Associates, LLC (“Gray”), filed an Emergency Petition to Appoint Receiver for CMS Processing, LLC (“CMS Processing”) in the Circuit Court for Montgomery County, Maryland (“Court”).  CMS Processing is a subsidiary of CMS Holding Group, Inc. (“CMS Holdings”).  On November 9, 2022, the Court entered an Order appointing Gray as receiver for CMS Processing.

On December 7, 2022, the Court entered an Order consolidating the Receivership Estate of CMS Processing under the lead case of CMS Holdings, LLC (“CMS Holdings”) in Case Number C-15-CV-22-001735.

Randall Tillim was the 100% owner and managing member of CMS Holdings and its subsidiaries including CMS Processing, and the sole signatory on all known bank accounts of CMS Holdings. The unexpected passing of Mr. Tillim on April 15, 2022 necessitated the CMS Holdings receivership. The Court previously appointed Gray as receiver for CMS Holdings and Merchant Portfolio Management Group, LLC (“MPMG”) and authorized him to manage CMS Processing.

The Receiver, through its professionals, are seeking to recover files, assets, information, and documentation to administer the Receivership Estate and ultimately distribute available assets to creditors pursuant to Court Orders.

The Circuit Court authorized the Receiver in the CMS Processing receivership to send a Notice to Creditors that enables the creditors to each file a claim against the Receivership within one hundred twenty (120) days of the date of the mailing of the Notice to Creditors. The deadline to file a Proof of Claim is April 11, 2023. Creditors may file a claim by completing the information using the form found in the link below, and file it together with the necessary supporting documentation with the Clerk, Circuit Court for Montgomery County, 50 Maryland Avenue, Rockville, MD 20850. If you have questions about this Receivership Proceeding, please email James M. Hoffman, Esq. at jhoffman@offitkurman.com.

** Please note: If you previously filed a claim against CMS Processing in the existing Receivership of CMS Holdings or MPMG, you do not need to file a claim again. **

  • A copy of the Order Appointing Receiver for CMS Processing can be found here.
  • A copy of the Notice to Creditors for CMS Processing can be found here.
  • A copy of the Proof of Claim form for CMS Processing can be found here.

The Clerk’s Office is requiring that creditors who file a proof of claim also file a Certificate of Service form.  It is available at: https://mdcourts.gov/court-forms/forms/certificate-service.

 

You should seek the advice of your own counsel about filing the forms.  For informational purposes, the addresses of Counsel to the Receiver and the Receiver for inclusion in the Certificate of Service is:

  1. Gray & Associates, LLC
    1997 Annapolis Exchange Parkway
    Suite 300
    Annapolis, MD 21401
    Receiver
  2. James M. Hoffman, Esq.
    Offit Kurman, P.A.
    7501 Wisconsin Ave, Suite 1000W
    Bethesda, MD 20814
    Counsel to Receiver
  3. Joseph J. Bellinger, Esq.
    Bellinger Legal Services, Inc.
    P.O. Box 10
    Phoenix, MD 21131
    Counsel to Merchant Portfolio Management Group, LLC