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Latest
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2010 – FIRM CONTINUES TO REPRESENT NUMEROUS REAL ESTATE ENTITIES IN
ATTEMPTING TO RESTRUCTURE LOAN OBLIGATIONS OUTSIDE OF COURT
Faced with the continuing problems
confronting the real estate segment of the economy, Stichter Riedel
continues to represent numerous home builders, developers, and land
owners involved in many different types of real estate development,
from the construction of single family houses to condominium
developments to land development. The firm continues to seek creative
solutions that will maximize the value of the real estate holdings for
the benefit of all parties while addressing liquidity and cash flow
issues that are frequently prevalent in these matters. |
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COURT CONFIRMS PLAN OF REORGANIZATION FOR PLANFIRST FINANCIAL SOLUTIONS, INC. – AUGUST 2010
Richard Prosser and Amy Denton Harris led the representation of PlanFirst Financial Solutions, Inc. and its affiliated entities. PlanFirst is a credit counseling and education based organization dedicated to providing personal money and debt programs to consumers. On August 12, 2010, the United States Bankruptcy Court for the Middle District of Florida entered an order confirming the Debtors’ Joint Plan of Reorganization which paid all creditors in full. PlanFirst Financial Solutions, Inc. successfully resolved litigation with its principal creditor and avoided a week long trial. |
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E-BRANDS RESTAURANTS, LLC AND ITS AFFILIATED ENTITIES FILE FOR RELIEF UNDER CHAPTER 11 – JULY 30, 2010
On July 30, 2010, E-Brands Restaurants, LLC and its affiliates filed voluntary petitions for relief under Chapter 11 in the United States Bankruptcy Court for the Middle District of Florida. E-Brands operates Timpano Italian Chophouse & Martini Bar in Tampa, Ft. Lauderdale and Orlando, Florida and in Rockville, Maryland. It also operates Aquaknox restaurants in Tampa and Las Vegas, Nevada. Both Timpano and Aquaknox are upscale dinning establishments. Along with the Aquaknox restaurant in Las Vegas, the Debtors operate Taqueria Canonita and Canonita Express in the Grand Canal Shoppes at the Venetian Hotel Resort Casino. The Debtors operate Samba Room restaurants in Orlando, Florida and Denver, Colorado. Richard Prosser and Steve Leslie head up the firm’s representation. |
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SALE OF LUXURY REAL ESTATE DEVELOPMENTS IN NAPLES APPROVED IN CHAPTER 11 - July 2010
On July 2, 2010 and July 12, 2010, the United States Bankruptcy Court for the Middle District of Florida entered orders approving the sale and related assumption of certain contracts associated with four luxury model homes and 56 improved lots in the affluent Grey Oaks golf community. The property is located in a high-end real estate development off Airport-Pulling Road on the northeast border of Naples, in the single-family developments of Miramonte and Torino in Grey Oaks. The approved “stalking horse” bid of $11.8 million for the property resolved a nearly $18.9 million mortgage originated with Bank of America. AGR TM LLC, a limited liability company incorporated in Delaware, acquired the property at the sale. AGR is a group of out-of-town institutional investors, with The Ronto Group acting as their local partner. The sale allows for guarantors with liability for deficiency exposure to obtain a release of monetary liability on the underlying debt to the lender. The case is part of a group of related Chapter 11 cases pending since October 2009. Stephen Leslie has served as counsel for the debtors. |
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COURT CONFIRMS PLAN OF REORGANIZATION FOR ALPHAROCK LLC AND ITS SUBSIDIARIES - July 2010
Edward Peterson and Amy Denton Harris led the representation of AlphaRock LLC and its subsidiaries that own and operate Dunkin' Donuts restaurants throughout Southwest Florida.
Collectively, the Debtors currently operate in southwest Florida a total of fifteen (15) Dunkin Donut franchised restaurant locations,. The Debtors’ franchise network is the largest network on the west coast of Florida. In addition, the Debtor, Alpha CML LLC, operates a bakery which provides the baked products for the Debtors’ restaurants, as well as approximately seventeen (15) restaurants for other franchises. On July 6, 2010, the United States Bankruptcy Court for the Middle District of Florida entered an order confirming the Debtors' joint plan of reorganization, pursuant to which the debt was restructured and the Debtors will remain in business. |
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AMY DENTON HARRIS BECOMES A SHAREHOLDER – July 2010
Stichter, Riedel, Blain & Prosser is pleased to announce that Amy Denton Harris, who joined the firm in 2003, has been named a shareholder. Amy is actively involved in the firm's reorganization, work-out, and state court practice. She is a member of the Business Law Section of The Florida Bar.
Amy received her J.D., with honors, from the University of Florida College of Law, her Bachelor of Science, Accounting, cum laude, from the University of South Florida, and her Master of Accountancy degree from the University of South Florida. She also is licensed as a certified public accountant, is past chair and currently serves on the Board of Directors of the Accounting Circle at the University of South Florida.
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STICHTER RIEDEL AGAIN RECEIVES HIGHEST RECOGNITION IN CHAMBERS USA 2010 GUIDE - JULY 1, 2010
For the eighth consecutive year, the firm received a first tier rating for its bankruptcy and reorganization practice in Chambers USA 2010 America's Leading Business Lawyers. The firm is the only Tampa-based law firm that received this ranking in the bankruptcy and insolvency practice area. In addition to recognition of the law firm, shareholders Don M. Stichter, Harley E. Riedel, Russell M. Blain, Richard C. Prosser, and Stephen R. Leslie received individual recognitions. London-based Chambers & Partners conducts research via telephone interviews with clients and with attorneys. The qualities on which the rankings are assessed include technical legal ability, professional conduct, client service, commercial awareness/astuteness, diligence, commitment, and other qualities most valued by the client. |
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SUSAN H. SHARP RECEIVES AV RATING FROM MARTINDALE-HUBBELL - June 2010
Susan H. Sharp was awarded the "AV Peer Review - Preeminent Lawyer" rating by Martindale-Hubbell Law Directory in June, 2010. Martindale-Hubbell has published ratings of lawyers continuously since 1868. The AV Peer Review Rating identifies lawyers with "very high to preeminent" legal ability and "very high" ethical standards. It is the highest rating issued by Martindale-Hubbell, which also identifies those AV-rated lawyers who are regarded as preminent in the profession. The firm has been rated "AV" since its inception in 1974. Martindale-Hubbell's ratings are derived from interviews with members of the bar and the judiciary. The ratings reflect a lawyer’s expertise, experience, integrity and overall professional excellence. Ms. Sharp richly deserves this rating and joins eleven other lawyers at Stichter, Riedel who have also been awarded the "AV - Preeminent Lawyer" rating. |
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ELEVEN FIRM LAWYERS RECOGNIZED AS "FLORIDA SUPER LAWYERS" OR “RISING STARS” - JUNE 2010
Don M. Stichter, Harley E. Riedel, Russell M. Blain, Richard C. Prosser, Charles A. Postler, Scott A. Stichter, and Stephen R. Leslie, all shareholders in Stichter, Riedel, were named among Florida's Super Lawyers in the 2010 edition of Super Lawyers Magazine. Elena Paras Ketchum, Edward J. Peterson, Amy D. Harris, and Daniel R. Fogarty were recognized as “Rising Stars,” in the bankruptcy/insolvency practice area. Harley E. Riedel, a founding shareholder of the firm, was also named for the third consecutive year as one of the top 10 lawyers in the State of Florida regardless of practice area and was listed as the third top point getter among all Florida lawyers. Russell M. Blain was also named one of the top 100 lawyers in the State of Florida for the fourth consecutive year. Lawyers are chosen to be Super Lawyers or Rising Stars following an extensive process of nominations, balloting, blue ribbon panel review, and independent research compiled by Law & Politics magazine. Only 5% of the lawyers in Florida were selected as Super Lawyers. Law & Politics performs the polling, research and selection of Super Lawyers in a process designed to identify lawyers who have attained a high degree of peer recognition and professional achievement. Super Lawyers attempts to provide a comprehensive and diverse guide to outstanding attorneys, representing a wide range of practice areas, firm sizes and geographic locations. See link - www.superlawyers.com |
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ATTORNEYS AMY DENTON HARRIS AND BARBARA HART RECEIVE AV RATING FROM MARTINDALE-HUBBELL - SPRING 2010
Amy Denton Harris and Barbara Hart were awarded the AV Peer Review Rating by Martindale-Hubbell Law Directory in March and May, 2010, respectively. Martindale-Hubbell has published ratings of lawyers continuously since 1868. The AV Peer Review Rating identifies lawyers with "very high to preeminent" legal ability and "very high" ethical standards. It is the highest rating issued by Martindale-Hubbell. The firm has been rated "AV" since its inception in 1974. Martindale-Hubbell's ratings are derived from interviews with members of the bar and the judiciary. The ratings reflect a lawyer’s expertise, experience, integrity and overall professional excellence. Ms. Harris and Ms. Hart richly deserve this rating and join nine other lawyers at Stichter, Riedel who are also "AV" Rated. |
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BIOVEST ANNOUNCES SETTLEMENT WITH LARGEST CREDITOR – APRIL 19, 2010 (LINK) |
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HARLEY E. RIEDEL SPEAKS AT TAMPA BAY BANKRUPTCY BAR ASSOCIATION LUNCHEON- APRIL 13, 2010
Harley E. Riedel articpated in a panel discussion entitled "Alternatives to Bankruptcy" presented by the Tampa Bay Bankruptcy Bar Association on April 13, 2010. The panel focused on alternatives ranging from simply closing the doors to out-of-court workouts, Article 9 sales by secured creditors or by court-appointed receivers, and assignments for the benefit of creditors under Florida Statutes, Chapter 727. The panel also discussed the methods used to protect of buyers of operating businesses from successor liability claims. |
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PLAN OF REORGANIZATION CONFIRMED FOR LAKELAND VETERINARY HOSPITAL– MARCH 24, 2010
On March 24, 2010, the United States Bankruptcy Court for the Middle District of Florida, Tampa Division, entered an order confirming the Plan of Reorganization of Lakeland Veterinary Hospital, Inc. under which Lakeland Veterinary Hospital, Inc. will continue as a going concern under its prepetiton management and with the same equity ownership structure that existed prepetition. Lakeland Veterinary Hospital provides veterinary services from its facility in Lakeland, Florida and is known throughout the Lakeland community for providing free veterinary care to the City of Lakeland's nearly 200 swans. Stichter, Riedel promulgated the plan on behalf of Lakeland Veterinary Hospital and has represented Lakeland Veterinary Hospital as a debtor-in-possession since the case was filed in September 2009. Elena Paras Ketchum served as lead counsel for the debtor throughout the case. |
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STEPHEN R. LESLIE SPEAKS AT THE 34th ANNUAL JUDGE ALEXANDER L. PASKAY SEMINAR ON BANKRUPTCY LAW AND PRACTICE - March 6, 2010
Shareholder Stephen R. Leslie served as the "Circuit Splits" moderator for a distinguished panel of six United States Bankruptcy Judges at the 34th Annual Judge Alexander L. Paskay Seminar conducted by Stetson University College of Law and the American Bankruptcy Association held at the Hyatt Regency Hotel in Tampa, Florida. The topics focused on splits of authority between Circuit Courts of Appeal on commercial and consumer issues in the bankruptcy context, and included issues on third party releases, the automatic stay, and attorneys fees. |
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PLAN OF REORGANIZATION CONFIRMED FOR PRINTING COMPANY – January 28, 2010
On January 28, 2010, the United States Bankruptcy Court for the Middle District of Florida, Tampa Division, entered an order confirming the Plan of Reorganization of Target Graphics, Inc. under which Target Graphics, Inc. will continue as a going concern under its prepetiton management and with the same equity ownership structure that existed prepetition. Target Graphics is in the business of providing printing, finishing and bindery services to customers in Sarasota, Venice, Bradenton, Manatee, St. Petersburg and Tampa. Stichter, Riedel promulgated the plan on behalf of Target Graphics and has represented Target Graphics as a debtor-in-possession since the case was filed in July 2009. Elena Paras Ketchum served as lead counsel for the debtor throughout the case. |
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SUSAN H. SHARP SPEAKS AT THE NEW LAWYER LUNCHEON - JANUARY 26, 2010
Susan H. Sharp participated in a panel discussion sponsored by the United States Bankruptcy Court addressing questions and issues unique to Chapter 11 cases filed by individuals on January 26, 2010. The panel was geared to new lawyers and to lawyers not familiar with Chapter 11 practice. It was moderated by the Honorable Catherine Peek McEwen, and the panel consisted of the Honorable Alexander L. Paskay, Chief Bankruptcy Judge Emeritus, a staff attorney with the U.S. Trutee's office, Ms. Sharp, and another practicing attorney. |
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ELENA PARAS KETCHUM SPEAKS AT HILLSBOROUGH COUNTY BAR ASSOCIATION SEMINAR - January 19, 2010
Elena Paras Ketchum particpated in a panel discussion entitled "HCBA Loan Modification and Workout Town Hall Meeting" presented by the Hillsborough County Bar Association on January 19, 2010. The panel included lawyers representing borrowers and bank officers for Fifth Third Bank, SunTrust Bank and Bank of Tampa. Ms. Ketchum addressed questions and issues related to the challenges faced by corporate borrowers in loan workouts and modifications. |
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STATE COURT JUDGMENT BECOMES FINAL IN MATTER OF FIRST IMPRESSION - January 12, 2010
The Second DCA dismissed the appeal from Judge Richard Nielson's opinion refusing to permit an affiliate of a defendant being sued by a Florida company that had purchased a defaulted promissory note against the Florida company to obtain a judgment and then levy upon the cause of action. Had the affiliate been permitted to do so, it would have effectively eliminated the risk of a large adverse judgment. Timeplex Holdings, LLC v Edascio, LLC, Case No.: 2D09-1952, Amy Denton Harris handled the appeal.
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PLAN CONFIRMED FOR LA BONITA OLE – January 8, 2010
On January 8, 2010, the United States Bankruptcy Court for the Middle District of Florida, Tampa Division, entered an the Order: (1) Approving Disclosure Statement for Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code and (2) Confirming Joint Plan of Reorganization, under which La Bonita Ole will continue as a going concern with the prepetition management and an opportunity for the same equity ownership structure under the Joint Plan. La Bonita Ole is in the business of manufacturing and distributing tortillas and related products over a multi-state area. Stichter Riedel represented the Debtor and Debtor in Possession since the case was filed on July 16, 2008. |
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SALES OF NEW MEXICO APPLIANCE RETAILER – DECEMBER 20, 2009
On December 14, 2009, in the DCE New Mexico, LLC Chapter 11 case, Judge Michael Williamson approved the sale of substantially all of the assets of a chain of electronics and appliance retailers in New Mexico. The stores were founded in 1967 and operate at two locations, in Santa Fe and Albuquerque. Substantially all assets of the estate were sold under Section 363 of the Code to Jack Baillio. The sale closed December 20, 2009. Stephen Leslie and Dan Fogarty are counsel to the debtors. http://1340kvot.com/front/showcontent.aspx?fileid=807&lang_id=1&p=December-2009-News |
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DeSEARS, APPLIANCE WORLD, AND BAILLIOS FILE FOR RELIEF UNDER CHAPTER 11 - OCTOBER 20, 2009
On October 20, 2009, Stichter Riedel filed Chapter 11 petitions for Riverview Ventures, Inc., d/b/a DeSears Appliance and Home Entertainment, DCE New Mexico, LLC, d/b/a Baillios, Inc., GCF Holdings, LLC, d/b/a Appliance World & Home Theater, and Appliance World, Inc. Riverview Ventures, Inc., doing business as DeSears Appliance & Home Entertainment, operates as an electronics and appliances retailer with four stores serving Pinellas, Manatee and Sarasota counties in Florida. Riverview Ventures, Inc. was founded in 1947 and is based in Bradenton, Florida. GCF Holdings, LLC, Colorado's largest independent appliance dealer, operates a network of appliance retail stores in Colorado. The company was incorporated in 2005 and is based in Denver, Colorado five with store locations in Arvada and Aurora, Colorado. DCE New Mexico, Inc. operates as an appliance and electronics retailer in New Mexico under the Baillio name. Baillio's started in Albuquerque in 1966. It was purchased by Denver-based company, Appliance World Group, approximately 18 months prior to the filing. http://www.tampabay.com/news/business/retail/desears-files-for-chapter-11-bankruptcy/1047670; http://www.heraldtribune.com/article/20091023/ARTICLE/910231018?Title=DeSears-files-for-Chapter-11-bankruptcy-protection; http://www.abqjournal.com/abqnews/business-daily/16658-baillios-parent-firm-files-for-chapter-11.html; http://www.applianceworldstores.com/ |
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SUSAN H. SHARP SPEAKS AT JUDGMENT ENFORCEMENT IN FLORIDA SEMINAR - October 15, 2009
Susan Sharp spoke at the Lorman Education Services' Judgment Enforcement in Florida seminar. She addressed the automatic stay, preferences and fraudulent transfers, filing proof of claim, and nondischargeablity issues surrounding the collection of a judgment when a bankruptcy is filed. |
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MICHAEL J. HOOI JOINS FIRM – October 12, 2009
Michael J. Hooi joined the firm as an associate on October 12, 2009 after completing a 2008–09 judicial clerkship at the U.S. Court of Appeals, Eleventh Circuit, for the Honorable Charles R. Wilson. Mr. Hooi graduated from Vanderbilt University in 2005, where he earned an undergraduate degree in philosophy in three years, was selected to be an Arts & Science College Scholar, and was elected to Phi Beta Kappa. In 2008, he earned a law degree at the University of Florida Levin College Law. While in law school, he interned at the U.S. District Court, Middle District of Florida, for the Honorable Elizabeth A. Kovachevich. He served as a managing editor of the Florida Law Review and published twice in its sixtieth volume. He was also a teaching assistant in first-year legal writing courses and a business law course at the University of Florida Warrington College of Business. |
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FIRM PREVAILS IN APPEAL IN LYKES BROS. CASE - September 29, 2009
The United States District Court affirmed the award of time-delay damages, or interest, in an appeal taken by the United States from an order of the Bankruptcy Court awarding those damages. The underlying decision was published as In re Lykes Bros. Steamship Co, Inc., 399 B.R. 555 (Bankr. M. D. Fla. 2009). Harley Riedel and Daniel Fogarty handled the matter for the firm. |
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PLAN CONFIRMED FOR LUXURY CONDOMINIUM PROJECT — September 18, 2009
On September 18, 2009, the United States Bankruptcy Court for the Middle District of Florida, Ft. Myers Division, entered an order confirming the joint plan of reorganization proposed by the debtors in the Ecoventure Wiggins Pass/Aqua at Pelican Isle cases. After three hearings and the presentation of evidence, the order overruled multiple objections and, in a contemporaneous order, sustained objections to secured claims asserted by multiple objecting parties. The confirmed plan addresses over $130 million in secured and unsecured claims, including the $26 million in priming debtor-in-possession financing previously approved by the Court. |
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KEARNEY CONSTRUCTION COMPANIES FILE FOR RELIEF UNDER CHAPTER 11- AUGUST 26, 2009
On August 26, 2009, Stichter Riedel filed Chapter 11 petitions for Kearney Construction Co., LLC, Kearney Construction Company, Inc., and AVT Equipment, LLC. These filings followed the June 4, 2009, Chapter 11 filings for two affiliates, Florida Equipment Co., LLC and Florida Trucking Co., Inc. Kearney Construction Co., LLC and Kearney Construction Company, Inc. are the construction components of a group of related family companies with over 53 years of experience in the construction industry, specializing in site development and infrastructure construction including clearing, earthwork, utility construction, storm drainage, curbs, sidewalks, and roadwork including sub-base, base, and asphalt placement. ATV Equipment, LLC owns and operates equipment used by the construction companies. Florida Equipment Co., LLC and Florida Trucking Co., Inc. provide trucking and hauling services.
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TAYLOR, BEAN & WHITAKER MORTGAGE CORP., FILES FOR RELIEF UNDER CHAPTER 11 - AUGUST 24, 2009
On August 24, 2009, Stichter Riedel filed a Chapter 11 petition for Taylor, Bean & Whitaker Mortgage Corp. (“Taylor Bean”). Until August 2009, Taylor Bean was the largest independent (i.e. non-depository owned) mortgage lender in the United States. Headquartered in Ocala, Florida, Taylor Bean is a 27-year-old mortgage company which grew from a small local mortgage company to become the nation’s third largest direct-endorsement lender of FHA-insured loans and one of the largest wholesale mortgage lenders and issuers of mortgage backed securities. It also managed a combined mortgage servicing portfolio of approximately $80 billion.
Taylor Bean will be guided in the Chapter 11 process by Edward J. Peterson, Russell M. Blain & Amy D. Harris. For access to specific case information, please visit www.bmcgroup.com\tbwmortgage.
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PLAN CONFIRMED FOR OWNER OF CHAIN OF RESTAURANTS UNDER CHAPTER 11 — August 20, 2009
On August 20, 2009, the United States Bankruptcy Court for the Middle District of Florida, Ft. Myers Division, ruled that the Chapter 11 Plan filed by Gyarmathy & Associates, Inc., and five affiliated companies would be confirmed. Post reorganization, the companies will own and operate a chain of eleven upscale fast food restaurants and one alehouse/barbeque restaurant, with approximately 250 employees and locations from Naples to Clearwater, Florida. In this case, the plan featured: (i) the restructuring of obligations to General Electric Capital Franchise Finance Corporation [owed approximately $9 million on the petition date], (ii) the surrender of property to various secured lenders in satisfaction of their secured claims [approximately $4 million on the petition date], and (iii) a restructuring of several million dollars in obligations to unsecured creditors. Daniel R. Fogarty led the firm’s representation in these cases. |
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BANKRUPTCY COURT CONFIRMS CHAPTER 11 PLAN OF REORGANIZATION FOR DUNKINS DIAMONDS, INC. AND AFFILIATES — August 5, 2009
On August 5, 2009, the United States Bankruptcy Court for the Middle District of Florida, Ft. Myers Division, entered an Order Confirming Debtors' Revised Joint Plan of Reorganization for Dunkin's Diamonds, Inc., and five affiliates [http://www.dunkinsdiamonds.com/]. Unlike other well publicized diamond retail cases [which have been total liquidations], in this the companies will continue to operate eight retail locations in Southwest Florida and Ohio post confirmation, with approximately 100 employees. The initial filing on November 6, 2009 followed an involuntary Chapter 7 case filed in Ohio. Stichter Riedel successfully procured a transfer of venue to the Ft. Myers Division of the Middle District of Florida. As of the petition date, the Debtors operated 10 locations. The Chapter 11 filings allowed the Debtors to conduct bankruptcy Court approved going-out-of-business sales in select locations, shut down unprofitable locations, renegotiate their line of credit with Webster Business Credit Corporation, and otherwise restructure obligations to creditors and generally reduce leverage by over $7 million. Stephen R. Leslie and Daniel R. Fogarty led the firm’s representation in these cases. |
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Articles
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Practical
Issues Surrounding Section 363 Sales by Harley E. Riedel and
Edward J. Peterson, 19 U. Fla. J. of Law and Public Policy 75, April
2008 (Read
Full Text...) |
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Spoliation
of Electronic Information: In re Quintus Corp. by Daniel J.
Fogarty April 2007 (Read
Full Text...) |
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Joint
Check Agreements in Florida Bankruptcy Cases by Edward
J.Peterson April 13, 2007 (Read
Full Text...) |
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Florida Trend Magazine Names Four Firm Lawyers to Florida's Legal Elite - July 2010
Read More... |
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Eleven Firm Lawyers Recognized as "Florida Super Lawyers" or “Rising Stars” - June 2010
Read More... |
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Six Firm Lawyers Recognized as "Best Lawyers" in the 2010 Edition of The Best Lawyers in America
Read More... |
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Harley E. Riedel II has been named the Best Lawyers’ 2010 Tampa Bankruptcy and Creditor-Debtor Rights Lawyer of the Year
Read More... |
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Florida Trend Magazine Names Two Firm Lawyers to Florida's Legal Elite - July 2009
Read More... |
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Eleven
Firm Lawyers Recognized as "Florida Super Lawyers" or “Rising
Stars” in the 2009 Edition of Super Lawyers Magazine
Read More... |
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Stichter
Riedel Again Receives Highest Recognition in the World-Famous Chambers
USA 2009 Guide
Read More... |
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Firm
Recommended as Only Tampa-Based Insolvency Firm in "Legal 500 U.S.
2009"
Read
More... |
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Don
M. Sticter and Harley E. Riedel recognized by Expert Guides as Outstanding
Insolvency and Restructuring Lawyers for 2009
Read
More... |
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Four
Stichter Riedel Partners selected in 2009 Edition of The Best Lawyers
in America
Read
More... |
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Four
Firm Shareholders Named "Florida Super Lawyers" in the 2008 Edition of
Super Lawyers Magazine
Read
More... |
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Florida
Trend Magazine Names Four Firm Lawyers to 2008 Florida's Legal Elite
Read
More... |
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Three Shareholders Named in the 2008 Edition
of Florida’s “Who’s Who Legal"
Read More... |
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Florida Trend
Magazine Names Four Firm Lawyers to 2007 Florida’s Legal Elite
Read
More... |
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Stichter
Riedel Again Receives Highest Recognition in the World-Famous Chambers
USA 2007
Read
More... |
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Four Firm
Lawyers Named Florida “Super Lawyers” for 2007
Read
More... |
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Best
Lawyers in America Recognizes Four Stichter, Riedel Lawyers in its 2007
Edition
Read
More... |
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Stichter
Riedel Again Receives Highest Recognition in the World-Famous Chambers
USA 2006
Read
More... |
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Four
Firm Lawyers Named Florida “Super Lawyers” for 2006
Read
More... |
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Best Lawyers in America Recognizes Four Stichter, Riedel Lawyers in its
2006 Edition
Read
More... |
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Florida Trend Magazine Names Three Firm
Lawyers to Florida’s Legal Elite
Read
More... |
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Stichter,
Riedel Lawyer Harley E. Riedel Selected for Inclusion in “Who's
Who Legal USA - Insolvency & Restructuring 2006.”
Read
More... |
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Chambers
USA Recognizes Stichter, Riedel and its Lawyers in its 2005 Edition of
America’s Leading Attorneys for Business
Read
More... |
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Stichter, Riedel recognized by HCBA for
Outstanding Pro Bono Services by a Law Firm
Read
More... |
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Archived
News
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FIRM FIRST IN THE STATE OF FLORIDA, AND AMONG TOP FIRMS NATIONALLY, IN NUMBER OF "SUPER LAWYERS" AND “RISING STARS” PRACTICING BANKRUPTCY LAW ACCORDING TO 2009 EDITION OF SUPER LAWYERS MAGAZINE (FLORIDA AND NATIONAL CORPORATE COUNSEL EDITIONS) - June 2009
With seven shareholders (see related release in “Firm Honors” section) named among Florida's Super Lawyers in the 2009 edition of Super Lawyers Magazine, the firm ranked first in the State of Florida in the number of bankruptcy lawyers so honored. In addition, four other Stichter Riedel lawyers were honored as “Rising Stars” (out of only fifteen bankruptcy lawyers in the entire state so recognized), giving the firm eleven lawyers recognized as either Super Lawyers or Rising Stars. No other Florida firm had more than six bankruptcy lawyers in these two categories. In addition, for the second consecutive year, the firm had three lawyers (Don M. Stichter, Harley Riedel, and Russ Blain) rated among the Top 100 lawyers (out of approximately 61,000) in the entire State of Florida, regardless of practice area. According to the national Corporate Counsel edition of Super Lawyers magazine, only one other law firm in the nation had as many as three bankruptcy lawyers included in the Top 100 lawyers in any single state. For the second consecutive year, Harley Riedel was named as one of the Top Ten lawyers in Florida. According to the national Corporate Counsel addition, only a handful of firms had as many as seven lawyers named as Super Lawyers in the bankruptcy practice area in any single state.
RUSSELL M. BLAIN SURRENDERS GAVEL AS CHAIR OF BUSINESS LAW SECTION OF THE FLORIDA BAR —June 25, 2009
Russell M. Blain, at the annual convention of The Florida Bar, concluded his term as Chair of the statewide Business Law Section after a successful and active year. During the year, the Business Law Section led the enactment of a revamped Florida not-for-profit corporate statutes, proposed options for the electronic transmission of documents and for Florida publicly traded corporations to utilize SEC-promulgated “e proxy” rules, and took an active role in ensuring adequate court funding. Among the missions of the Business Law Section is obtaining passage of legislation to promote a positive business environment, improve Florida business laws, and protect and enhance the lives of Florida citizens. The Section comprises members of The Florida Bar practicing in the areas of corporations, securities, financial services, business litigation, bankruptcy, creditors’ rights, intellectual property, antitrust, franchise, trade regulation, and other areas that provide services to the business and consumer community.
SALES
OF AUTO DEALERSHIPS – June 22, 2009
On June 22, 2009, Judge Rodney May approved
the sale of substantially all of the assets of two automobile
dealerships, T. Thomas Chevrolet, INC and MRH of Lakeland, LLC, to
Regal Pontiac. Edward Peterson and Dan Fogarty are counsel to the
dealerships. Read article: Lakeland Chevy dealership under siege files for
Chapter 11
ELENA
KETCHUM INSTALLED AS PRESIDENT-ELECT OF TAMPA BAY BANKRUPTCY BAR
ASSOCIATION – June 11, 2009
Elena Paras Ketchum was installed at the
annual dinner of The Tampa Bay Bankruptcy Bar Association to serve as
President-Elect of the Association for the 2009-2010 term. Ms. Ketchum
had previously served as a member of the board of directors of the
Association from 2006 to 2008 and as Treasurer in 2008-2009. She is
slated to become President in June 2010. Edward J. Peterson will
continue to serve as a director of the Association. Mr. Peterson was
first elected as a director in 2007.
OWNER
OF CHAIN OF SEVENTEEN RESTAURANTS FILES FOR RELIEF UNDER CHAPTER 11 -
June 5, 2009
On June 5, 2009, Stichter Riedel filed
Chapter 11 Petitions for twenty-three affiliated companies. The Debtors
own and operate the largest chain of Dunkin Donuts and Baskin Robbins
restaurants in Southwest Florida. Edward Peterson and Amy Harris are
counsel to the Debtors.
BARBARA
A. HART JOINS FIRM - May 4, 2009
Barbara A. Hart joined the firm as an
attorney on May 4, 2009. Ms. Hart earned her Bachelor of Science degree
from Tusculum College located in Greeneville, Tennessee in 1988 and her
Masters Degree from the University of South Florida in 1991. In 2001,
she graduated cum laude from Stetson University College of Law. While
in law school, Ms. Hart served as the Managing Editor of the Stetson
Law Review. Ms. Hart extensive experience in insolvency and commercial
matters, serving as the Law Clerk to the Honorable Rodney K May and
handling bankruptcy, insolvency, and civil commercial matters,
including representation of creditors and debtors in Chapter 11, 13 and
7 cases.
B. MICHAEL BACHMAN, JR. JOINS FIRM - April 15, 2009
B. Michael Bachman, Jr. joins the firm as an associate. Mr. Bachman earned his undergraduate degree from Florida State University in 1999, graduating with honors with a Bachelor of Science in Business Management. In 2005, he graduated cum laude from University of Florida Levin College of Law. While in law school, Mr. Bachman served as editor of the Journal of Technology Law and Policy. He also served as a teaching assistant in Legal Research and Writing and Appellate Advocacy courses. Prior to joining the firm, Mr. Bachman was with the law firm of DLA Piper LLP (U.S.) as an associate in the Real Estate Group. While at DLA Piper, Mr. Bachman assisted with various real estate transactions, including real property sales, documentation of secured loans and workouts with secured lenders.
FIRM PREVAILS IN LITIGATION INVOLVING MATTER OF FIRST IMPRESSION - April 3, 2009
In a matter of apparent first impression in Florida, Hillsbourough County Circuit Court Judge Richard Nielson refused to permit an affiliate of a defendant being sued by a Florida company that had purchased (at a discount) a defaulted promissory note against the Florida company to obtain a judgment and then levy upon the cause of action. Had the affiliate been permitted to do so, it would have effectively eliminated the risk of a large adverse judgment. In doing so, the Court followed several decisions from other jurisdictions: Commerce Saving Assoc. v. Welch, 783 S.W.2d 668 (Tex App. 1989); Associate Ready Mix, Inc. v. Douglas, 843 S.W.2d. (Tex. App. 1992); and Criswell v. Ginsberg & Foreman, 843 S.W.2d 304. The Court did allow the affiliate of the defendant to set-off its note against the amount of any judgment entered the defendant. The decision was appealed. Amy Denton Harris handled the representation of the Florida company. Timeplex Holdings, LLC v Edascio LLC, Case No. 05-CA-80904.
SHAREHOLDER
SPEAKS ON RESTRUCTURING REAL ESTATE LOANS- March 26, 2009
Harley E. Riedel participated in a panel
discussion on “Restructuring Real Estate” presented by CLE
International on March 26, 2009. The Panel included- Ronald Glass of
Glass Ratner in Atlanta, Rick Spencer, Senior Vice President and
National head of the loan workout division of BB&T Bank, and
attorneys Bruce White of Greenberg Traurig, Dallas, and David Kurzweil
of Greenberg Traurig, Atlanta.
EDWARD
J. PETERSON, III AND SUSAN H. SHARP SPEAK AT FLORIDA AUTO DEALERS
ASSOCIATION -March 26, 2009
Edward J. Peterson, III and Susan Sharp
spoke at the Florida Auto Dealers Association's panel discussion
entitled Riding the Industry Wave:Offensive and Defensive Strategies
for all Dealer Principals held in Orlando, Florida on March 26, 2009.
The meeting was attended by automobile dealers from throughout the
state. Mr. Peterson and Ms. Sharp discussed various bankruptcy issues,
including the implications for dealers in the event of a GM or Chrysler
bankruptcy filing.
BANKRUPTCY COURT CONFIRMS
CHAPTER 11 PLAN OF REORGANIZATION IN ARLINGTON RIDGE CASES—March
12, 2009
On March 12, 2009, the United States
Bankruptcy Court for the Middle District of Florida entered an Order
Confirming Debtors’ Amended Joint Plan of Reorganization. The
four related Debtors were the owners and developers of a planned unit
development consisting of approximately 492 acres of real property in
Lake County, Florida, which was established as an active adult
community. The Debtors initially proposed a five year plan providing
for the continued development of Arlington Ridge and the payment of the
largest secured creditor and all other non-insider creditors in full.
Funding for this plan was to be funded by insiders, who were also
guarantors of the secured bank debt. The insiders were willing to waive
immediate payment of approximately $800,000 of post-petition financing
and to fund the plan on the condition that they not be sued on their
guarantee. Less than ten days after the Debtors filed their 100% plan,
the secured creditor sued one of the guarantors, causing the Debtors to
be in default on their “soft cost” DIP loan and requiring
abandonment of their initial plan of reorganization. The Debtors’
amended plan of reorganization, which was confirmed by the Bankruptcy
Court over the objection of the principal secured creditor, provided
for the wind-down of the Debtors’ business operations and for the
transition of those business operations and the transfer of most of the
Debtors’ real estate and any related permits and entitlements to
the secured creditor. Pursuant to the Confirmation Order, the Debtors
have transferred most of their real estate and related assets to the
secured creidtor in full satisfaction of its Secured Claims. Harley E.
Riedel and Amy Denton Harris led the firm’s representation in
these cases.
STEPHEN R. LESLIE SPEAKS AT THE 34th ANNUAL JUDGE ALEXANDER L. PASKAY SEMINAR ON BANKRUPTCY LAW AND PRACTICE - March 6, 2009
Shareholder Stephen R. Leslie served as the "Circuit Splits" moderator for a distinguished panel of six United States Bankruptcy Judges at the 34th Annual Judge Alexander L. Paskay Seminar conducted by Stetson University College of Law ands the American Bankruptcy Association held at the Hyatt Regency Hotel in Tampa, Florida. The topics focused on splits of authority between Circuit Courts of Appeal on commercial and consumer issues in the bankruptcy context, and included issues on third party releases, the automatic stay, and attorneys fees.
BANKRUPTCY
COURT CONFIRMS CHAPTER 11 PLAN OF REORGANIZATION FOR SAM
SELTZER’S STEAK HOUSES OF AMERICA, INC.—February 25, 2009
On February 25, 2009, the United States Bankruptcy Court for the Middle
District of Florida, Tampa Division, entered an Order Confirming the
Amended Plan of Reorganization for Sam Seltzer’s Steak Houses of
America, Inc. and its Wholly-Owned Subsidiaries, as Modified at the
Confirmation Hearing. On June 27, 2008, the parent company, Sam
Seltzer’s Steak Houses of America, Inc. and 14 of its
wholly-owned subsidiaries filed for Chapter 11 protection. As of the
petition date, the Debtors operated 9 steak houses in the greater Tampa
Bay area, central Florida, and southwest Florida. The Chapter 11
allowed the Debtors to shut down unprofitable restaurants, reject
unfavorable leases, abandon burdensome assets, and restructure
obligations to creditors. In particular, the plan featured: (i) the
restructuring of obligations to General Electric Capital Franchise
Finance Corporation and one of its subsidiaries, USRP Finance, LLC,
which were collectively owed approximately $5.5 million on the petition
date, (ii) the surrender of property to Amresco Commercial Finance, LLC
which was owed approximately $4 million on the petition date, and (iii)
a restructuring of multi-million dollar obligations to unsecured
creditors. The parent company now operates 6 steak houses in the
greater Tampa Bay area and southwest Florida. Harley E. Riedel and Amy
Denton Harris led the firm’s representation in these cases. Read
more in Nation’s Restaurant News.
STEPHEN R. LESLIE SPEAKS
AT THE CARIBBEAN INSOLVENCY SYMPOSIUM, BREAKFAST AND VIEWS FROM THE
BENCHES - February 7, 2009
Shareholder Stephen R. Leslie served as the
"View from the Bench" moderator for a distinguished panel of United
States Bankruptcy Judges at the annual Caribbean Insolvency Symposium
conducted by the American Bankruptcy Association held in Grand Cayman,
Cayman Islands. The topics focused on commercial issues, and included
business insolvency, challenges in Chapter 11, and real estate cases.
PASCO COUNTY, FLORIDA ROOFING TRUSS MANUFACTURER FILES FOR RELIEF UNDER
CHAPTER 11 - February 2, 2009
On February 2, 2009 Stichter Riedel filed a Chapter 11 Petition for Rt.
41 Manufacturing, Inc., d/b/a 41 Truss. 41 Truss has supplied
structural roof and floor wood truss systems, an essential component of
building construction offering structural support and forming the shape
of floors and roofs, to Tampa Bay area builders since 1983. Since
undergoing a change in ownership in 2005, 41 Truss has quadrupled the
number of customer accounts, has improved productivity by over 150%,
has increased market share from an estimated 4% in 2005 to an estimated
realizable 20% in 2009, and has reduced operating costs by an estimated
30%. 41 Truss operates from facilities located in Spring Hill, Pasco
County, Florida.
OWNER OF CHAIN OF SIXTEEN RESTAURANTS FILES FOR RELIEF UNDER CHAPTER 11
- January 31, 2009
On January 31, 2009, Stichter Riedel filed Chapter 11 Petitions for
Gyarmathy & Associates, Inc., and five affiliated companies. The
Debtors own and operate a chain of eleven fast food restaurants and
five barbeque restaurants from Naples to Clearwater, Florida.
PLAN CONFIRMED IN CLEARWATER BASED AUTO PARTS COMPANY - January 23,
2009
The Bankruptcy Court for the Middle District of Florida, Tampa Division
confirmed the Chapter 11 Plan filed by SRBP on behalf of Argue
Automotive Accessories LLC, a manufacturing concern specializing in
plastic-molded parts for factory-direct and after-market sales for the
automobile industry. Under the Plan, the Debtor is restructuring debt
in accordance with a stock purchase agreement entered into during the
case.
PLAN
CONFIRMED IN FT. MYERS RESTAURANT CASES - January 22, 2009
The Bankruptcy Court in the Ft. Myers Division of the Middle District
of Florida confirmed the Chapter 11 Plan filed by the debtors in the
Karakosta Investments, Inc. cases. The Debtors operate "Big Al's City
Grill" restaurants in Bonita Springs and Sarasota [http://bigalscitygrillsarasota.com/index.shtml].
HARLEY E. RIEDEL SPEAKS
AT NATIONAL ASSOCIATION OF HOMEBUILDERS ANNUAL CONVENTION -January 22,
2009
Shareholder Harley E. Riedel spoke at the annual convention of the
National Association of Homebuilders held in Las Vegas, Nevada on
January 22, 2009. Mr. Riedel spoke on the topic of "Coping With
Financial Distress" addressing legal options available to homebuilders
and developers in the current economic environment.
BECKY
FERRELL-ANTON JOINS FIRM - January 19, 2009
Becky Ferrell-Anton joined the firm as an attorney on January 19, 2009.
Ms. Ferrell-Anton graduated from Emory University summa cum laude with
a B.B.A. degree (concentration in accounting) in 1981. At Emory, she
received the Business School's award for the highest GPA, the Georgia
Society of CPAs Award, and numerous other academic awards and
recognitions. She received a J.D. degree from Georgetown University Law
Center in 1984 magna cum laude. She served as an editor of the
Georgetown Law Journal and published two works in Volume 72 of the
Journal. She received book awards in the Bankruptcy and Property
courses and the Sewell Key Award for the best work in the field of
taxation in 1984. She is rated "AV" by Martindale-Hubbell Law
Directory. Before joining the firm, Ms.Ferrell-Anton worked as
corporate counsel and in private practice. She has considerable
experience in transactional legal work and in litigating complex
commercial disputes.
FIRM PREVAILS IN LITIGATION PITTING PRINCIPLES OF RES JUDICATA AGAINST SOVEREIGN IMMUNITY - January 16, 2009
In the latest decision in a long-running dispute (see also 217 s. 304) between the United States and the Debtor involving the Debtor's claim for operating differential subsidy payments, the Debtor prevailed in validating an award of time-delay damages, or interest in the amount of approximately $1.3 million, ruling against the Government's contention that an earlier, non-appealed, and final order awarding such fees was void as a violation of sovereign immunity. The decision is published as In re Lykes Bros. Steamship Co, Inc., 399 B.R. 555 (Bankr. M. D. Fla. 2009). Harley Riedel and Daniel Fogarty handled the matter for the firm.
BANKRUPTCY
COURT CONFIRMS CHAPTER 11 PLAN FOR MADISON, FLORIDA BASED FUEL HAULER -
January 14, 2009
On January 14, 2009, the United States Bankruptcy Court for the Middle
District of Florida entered an order confirming the stand-alone plan of
reorganization of Justin Davis Enterprises, Inc., a tank transport
services provider engaged in the business of delivering petroleum
products from terminals to retail and commercial sites throughout the
Southeast. The Debtor filed for Chapter 11 protection in May 2008. The
plan featured the sale to third parties or the surrender to secured
creditors of surplus equipment and a restructuring of obligations to
various equipment lenders, as well as to unsecured creditors, with
claims of approximately $7.1 million. Daniel R. Fogarty led the firm's
representation in this case.
FT.
MYERS-BASED HOME FURNISHINGS RETAILER SEEKS RELIEF IN CHAPTER 11 -
January 14, 2009
On January 14, 2009, Stichter Riedel filed for The Picture Factory,
Inc., [http://www.thepicturefactory.com/]
under Chapter 11 of the Bankruptcy Code in a case filed in the Ft.
Myers Division of the Middle District of Florida. The Debtor sells
framed art, accent furniture, lamps, sculptures, mirrors, clocks, vases
and silk florals, and also provides custom framing services. The Debtor
operates locations in Naples, Ft. Myers, Boynton Beach, and Bonita
Springs.
PLAN
CONFIRMED IN SIX RELATED REAL ESTATE CASES - January 8, 2009
The Bankruptcy Court confirmed the Chapter 11 Plan filed by Blue Stone
Real Estate, Construction Company, Inc. and five
substantively-consolidated affiliates. The Debtors’ assets
primarily consist of large tracts of undeveloped land in Hernando and
Pasco Counties. Mortgage debt totaled approximately $25 million. One of
the hotly litigated issues in the cases was the entitlement of the
debtors-in-possession to name a Chief Restructuring Officer
(“CRO”) over the objection of the U.S. Trustee and after
its filing of a motion to appoint a trustee. The Bankruptcy Court
concluded that the appointment of a CRO was appropriate and, in light
of the appeal by the U.S. trustee, certified the decision to the United
States Court of Appeals for the Eleventh Circuit. See In re Blue Stone
Real Estate, Construction Company, Inc, .392 B.R. 897 and 396 B.R. 555
respectively. The appeal remains pending but may be subject to
dismissal on mootness grounds. The firms representation was lead by
Edward J. Peterson and Susan H. Sharp.
FIRM
ACTIVE DURING DECEMBER 2008 IN REPRESENTING DEBTORS IN ASSIGNMENTS FOR
THE BENEFIT OF CREDITORS – December 2008
Stichter, Riedel, Blain & Prosser has regularly represented parties
in General Assignments, often described as “Assignments for the
Benefit of Creditors” or “ABCs,” under Florida law.
This area of the Firm’s practice was particularly active in
December 2008, with multiple ABCs being filed in Hillsborough County,
Sarasota County, and Pinellas County. The Firm is currently involved in
thirteen Assignment cases involving debt of more than $91,000,000 in
the aggregate. Tax lawyers have concluded in a published Bar Journal
article that ABCs may result in a sale or exchange in the year of
filing that would result in the booking of gains or losses in that
year, so year-end filings might provide loss carryback opportunities
for taxpayers who paid taxes in previous years. Shareholder Elena Paras
Ketchum has headed this area of the firm’s practice, although
many of Stichter Riedel’s lawyers have remained active in this
area of the law.
OWNER
OF LARGE TAMPA APARTMENT COMPLEX SEEKS CHAPTER 11 RELIEF –
December 29, 2008
On December 29, 2008, Stichter Riedel filed a Chapter 11 Petition for
the owner of The Cove Apartments, a 700-unit complex located on a tract
of land bordered by Tampa Bay and Westshore Boulevard in Tampa. The
Debtor owed approximately $50 million on a first mortgage at the time
of filing. The Bankruptcy Court has entered a number of first day
orders, including several orders authorizing the use of cash collateral.
SCOTT A. STICHTER
RECEIVES THE FLORIDA BAR PRESIDENT'S PRO BONO SERVICE AWARD FOR 2009 -
November 26, 2008
The Florida Bar has awarded Scott A. Stichter the Florida Bar
President's Pro Bono Service Award for 2009 from the Thirteenth
Judicial Circuit. Each year, the Florida Supreme Court and The Florida
Bar give special recognition to lawyers who have freely given their
time and expertise in making legal services available to the poor. Mr.
Stichter was recognized for the time and professional expertise he
contributed in making legal representation available to those otherwise
unable to afford it. The Florida Bar and the Justices of the Supreme
Court of Florida will personally honor all recipients of the award in a
ceremony held at on Thursday January 29, 2009 at the Supreme Court
Building in Tallahassee.
HARLEY E. RIEDEL PARTICIPATES
IN NATIONAL ASSOCIATION OF HOMEBUILDERS “WEBINAR” –
November 13, 2008 Shareholder Harley E. Riedel participated
as one of three panelists in a national web seminar sponsored by the
National Association of Homebuilders on November 13, 2008. Mr. Riedel
and the other panelists spoke on the topic of "Alternate Sources of
Funding: Ideas & Perspectives to Keep Your Business on Track"
addressing cash flow issues and sources of financing for homebuilders.
PLAN
CONFIRMED IN INDIVIDUAL REAL ESTATE INVESTOR CASE - November 14, 2008
The Bankruptcy Court in the Ft. Myers Division of the Middle District
of Florida confirmed the Chapter 11 Plan filed by the debtors in the
Recker case. The Debtors owned 25 investment properties in three
states. The plan involved the restructuring of a number of mortgage
loans and the surrender of other properties to secured creditors.
PUBLICLY
TRADED BIO-PHARMACEUTICAL COMPANIES FILE FOR RELIEF UNDER CHAPTER 11
– November 10, 2008
On November 10, 2008, Stichter Riedel filed Chapter 11 Petitions for
Accentia Biopharmaceuticals, Inc. and nine subsidiaries, including
Biovest International, Inc. Accentia and Biovest are both publicly
traded corporations. Accentia has three operating divisions: (i) the
Drug Development Division, (ii) the Pharmaceutical Product Consulting
Division, and (iii) the Instruments and Cell Production Division.
DIAMOND
RETAILER SEEKS RELIEF UNDER CHAPTER 11 November 6, 2008
On November 6, 2008, Stichter Riedel filed Chapter 11 Petitions for
Dunkin's Diamonds, Inc. and five affiliates [http://www.dunkinsdiamonds.com/].
The companies operate ten locations in Florida and Ohio. The filing
followed an involuntary Chapter 7 case filed in Ohio. Stichter Riedel
successfully procured a transfer of venue to the Ft. Myers Division of
the Middle District of Florida.
BANKRUPTCY
COURT ENTERS ORDERS APPROVING POST-PETITION FINANCING IN ARLINGTON
RIDGE CASES – October 31, 2008
Following a number of hearings, the United
States Bankruptcy Court, Tampa Division, entered orders approving two
separate post-petition financing facilities sought by the four Debtors
in the Arlington Ridge case. The Court approved a $1 million
non-priming facility extended by equity holders to provide working
capital for the Debtors. The Court also approved a $900,000 priming
facility from Wachovia Bank, one of the Debtors’ prepetition
lenders, to enable the Debtors to complete construction of
approximately twelve homes presently under construction. Wachovia Bank
extended the offer as a competing proposal to an independent priming
facility obtained by the Debtors.
STEPHEN R. LESLIE
LEADS INTERACTIVE DISCUSSION AT TAMPA BAY BANKRUPTCY BAR MEETING -
October 15, 2008
Shareholder Stephen R. Leslie led an
interactive discussion centered around several factual scenarios at the
October 15, 2008 luncheon of the Tampa Bay Bankruptcy Bar Association
that was attended by Judges Paskay, Williamson, and McEwen, as well as
by numerous members of the Association. His discussion was titled
"Hands-on Bankruptcy: Real Problems and Real Solutions."
ATTORNEY
ELENA PARAS KETCHUM RECEIVES AV RATING FROM MARTINDALE-HUBBELL - Oct
10,2008
Elena Paras Ketchum, a shareholder with
Stichter, Riedel, Blain & Prosser, was awarded an AV Peer Review
Rating by Martindale-Hubbell Law Directory. Martindale-Hubbell has
published ratings of lawyers continuously since 1868. The AV Peer
Review Rating identifies a lawyer with "very high to preeminent" legal
ability and "very high" ethical standards. It is the highest rating
issued by Martindale-Hubbell.
Martindale-Hubbell's ratings are derived from interviews with members
of the bar and the judiciary. The ratings reflect a lawyer’s
expertise, experience, integrity and overall professional excellence.
The "AV" rating requires a minimum of ten years in the practice of law,
and it is a reflection of the high regard in which Ms Ketchum is held
by the bench and bar that she received this rating in only her eleventh
year of practice. She joins seven other shareholders at Stichter,
Riedel who are also "AV" Rated, Don M. Stichter, Harley E. Riedel,
Russell M. Blain, Richard C. Prosser, Charles A. Postler, Scott A.
Stichter and Stephen R. Leslie. Thus, nine of Stichter, Riedel's
thirteen lawyers, and all who have practiced for at least ten years,
have been awarded the highest Martindale-Hubbell rating.
DEVELOPERS
OF NORTH FLORIDA ACTIVE RETIREMENT COMMUNITY FILE FOR CHAPTER 11 RELIEF
– October 8, 2008
On October 8, 2008, Stichter Riedel filed Chapter 11 Petitions for four
entities involved in the development of the Arlington Ridge development
consisting of approximately 492 acres of real property located in Lake
County, Florida, approximately seven (7) miles south of downtown
Leesburg. The Arlington Ridge development is a planned unit development
(“PUD”) that will upon completion contain 1,036 residential
units (942 single family homes and 94 attached townhouses and villas).
The development includes certain amenities, including a 6,289 square
foot clubhouse, a 10,189 multi purpose hall, a 1,829 square foot
administration building, a 5,133 square foot fitness center, two pools,
an 18 hole golf course, a restaurant, a tavern, and an ice cream and
coffee shop. All of the Amenities other than the golf course and the
pro shop are owned and operated by the Arlington Ridge Community
Development District, a public entity created pursuant to the Florida
Statutes. The Debtors owed in excess of $40 million to various lenders,
including bondholders of the CDD, at the time of filing.
EDWARD
PETERSON SPEAKS ON TROUBLED REAL ESTATE AT THE CUMBERLAND SCHOOL OF LAW
BANKRUPTCY LAW SEMINAR - October 3, 2008
Shareholder Edward J. Peterson spoke at the
19th-Annual Bankruptcy Law Seminar sponsored by the Cumberland School
Of Law in Birmingham, Alabama, on the subject of "News from the War
Zone: Bankruptcy Issues on the Front Lines of the Real Estate Crisis."
Other speakers included Bankruptcy Judges Jack Caddell, Benjamin G.
Cohen, James J. Robinson, Dwight H. Williams, Jr., Margaret A. Mahoney,
Tamara O. Mitchell & C. Michael Stilson. Mr. Peterson was one of
four practicing lawyers selected to speak at the seminar.
BANKRUPTCY COURT
CONFIRMS CHAPTER 11 PLAN FOR TAMPA CHANNELSIDE CONDOMINIUM
PROJECT– October 1, 2008
On October 1, 2008, the United States
Bankruptcy Court for the Middle District of Florida entered an order
confirming the plan of reorganization of Towers of Channelside, LLC.
The Debtor had filed for Chapter 11 protection in February 2008. The
plan featured a restructuring of obligations to a bank group led by
Wachovia Bank, which was owed approximately $58 million on the petition
date, and to unsecured creditors with claims of approximately $32
million. Harley E. Riedel and Edward J. Peterson led the firm’s
representation in this case. Read more in the Tampa Bay Business Journal.
SALE
OF COMMUNITY ORGANIC GROCERY STORE CONCLUDED – SEPTEMBER 25, 2008
On September 25, 2008, Nature’s
Harvest Market and Deli, Inc. and Taylor Brothers, LLC closed the sales
of all of their assets to a third party purchaser, which currently owns
and operates an organic grocery store in St. Petersburg, Florida. The
sale of Nature’s Harvest preserves one of the oldest organic
grocery stores in the Tampa Bay area. The store will be renamed
"Rollin’ Oats." It is further expected that a majority of the
employees will retain their jobs. The sales involved negotiating and
ultimately reaching out-of-court workouts with the secured creditors of
both Nature’s Harvest and Taylor Brothers. Elena Paras Ketchum
was primarily responsible for handling these cases for the firm.
PLAN
OF REORGANIZATION CONFIRMED FOR FLOORING COMPANY – SEPTEMBER 24,
2008
On September 24, 2008, the United States
Bankruptcy Court for the Middle District of Florida, Tampa Division,
entered an order confirming the Plan of Reorganization of Royal Floors,
Inc. under which Royal Floors, Inc. will continue as a going concern
under its prepetiton management and with the same equity ownership
structure that existed prepetition. Royal Floors is in the business of
selling and installing quality flooring in both residential and
commercial properties. Stichter, Riedel promulgated the plan on behalf
of Royal Floors and has represented Royal Floors as a
debtor-in-possession since the case was filed in May 2008. Elena Paras
Ketchum served as lead counsel for the debtor throughout the case.
STEPHEN LESLIE SPEAKS AT THE
COLLIER COUNTY BAR ASSOCIATION September 19, 2008
Shareholder Stephen Leslie spoke at a
program sponsored by the Family Law Section of the Collier County Bar
Association at one of its regular meetings held at the Strand Country
Club in Naples, Florida. He addressed legal issues raised by the
intersection of bankruptcy law, real estate law, and family law in the
current economic environment.
TAMPA-BASED
SEAFOOD RESTAURANT CHAIN FILES FOR RELIEF UNDER CHAPTER 11 –
September 2, 2008
On September 2, 2008, Stichter Riedel filed
a Chapter 11 Petition for Shells Seafood Restaurants, Inc. Shells was
founded in 1985 and went public in 1993. On the Petition Date, the
Debtor operated twenty- three casual dining restaurants in Florida.
Simultaneously with the filing, the Debtor closed eight of these
restaurants, leaving it with a core group of fifteen restaurants.
HARLEY
E. RIEDEL PARTICIPATES IN NATIONAL ASSOCIATION OF HOMEBUILDERS SEMINAR
- AUGUST 21, 2008
Shareholder Harley E. Riedel participated as
one of four panelists in a national web seminar sponsored by the National Association of
Homebuilders on August 21, 2008. Mr. Riedel and the other panelists
spoke on the topic of "Coping With Financial Distress" addressing the
variety of issues facing homebuilders in the current economic
environment.
BANKRUPTCY
COURT ENTERS FINAL ORDER APPROVING POST-PETITION FINANCING IN NAPLES
CONDOMINIUM CASE – JULY 25, 2008
Following a final hearing on July 21, 2008,
the United States Bankruptcy Court, Ft. Myers Division, entered an
order approving a $26.1 million post-petition financing facility sought
by the three Debtors (Ecoventure Wiggins Pass, Ltd., Aqua At Pelican
Isle Yacht Club Marina, Inc., and Pelican Isle Yacht Club Partners,
Ltd.). The final order also contained adequate protection provisions
with respect to claims in excess of $90 million held by a group of
pre-petition lenders. The post-petition financing will enable the
Debtors to complete construction of the luxury waterfront condominium
and marina project and will provide additional funds to market and
maintain the property, including the payment of the Debtors’
share of homeowners’ expenses for an extended period of time
following the completion of construction. The Court also approved at
hearings on July 21st and 24th the assumption of a contract for the
sale of two of the condominium units, together with a marina slip and
cottage, for in excess of $12 million and the retention of Gerard A.
McHale, Jr., as Chief Restructuring Officer for the Debtors.
TAMPA-BASED
CHAIN OF STEAKHOUSE RESTAURANTS FILES FOR RELIEF UNDER CHAPTER 11
– JUNE 27, 2008
On June 27, 2008, Stichter Riedel filed
Chapter 11 Petitions for Sam Seltzer’s Steak Houses Of America,
Inc., and fourteen subsidiary corporations. On the Petition Date, the
Debtors operated nine casual dining restaurants on the West Coast of
Florida. Simultaneously with the filing, the Debtors filed motions to
obtain post-petition financing in the amount of $1 million from Capital
Resources Partners. The Debtors’ motions to use cash collateral
and other first day motions were granted shortly after the filing of
the Chapter 11 petitions. Interim post-petition financing of $200,000
was approved pending a final hearing.
NAPLES
CONDOMINIUM AND MARINA PROJECT FILES FOR CHAPTER 11 PROTECTION AND
SEEKS APPROVAL OF POST-PETITION FINANCING – JUNE 24, 2008
Stichter Riedel filed Chapter 11 Petitions
for Ecoventure Wiggins Pass, Ltd., Aqua At Pelican Isle Yacht Club
Marina, Inc., and Pelican Isle Yacht Club Partners, Ltd. on June 24,
2008. At the same time, the firm filed a motion seeking approval of a
$26.1 million financing facility from Cypress Lending Group, Ltd. The
three Debtors are the developers of a waterfront condominium project
that includes an adjoining marina with boat slips. On June 27, 2008,
Judge Alexander L. Paskay approved interim financing under the proposed
DIP facility of $4.8 million.
Russell
M. Blain Elected Chair of Business Law Section of The Florida
Bar—June 19, 2008
Russell M. Blain has been elected to serve
as chair of the Business Law Section of The Florida Bar. The Business
Law Section comprises members of The Florida Bar practicing in the
areas of corporations, securities, financial services, business
litigation, bankruptcy, creditors’ rights, intellectual property,
antitrust, franchise, trade regulation, and other areas that provide
services to the business and consumer community. The Business Law
Section provides a forum for the discussion and exchange of ideas
leading to the improvement of the laws relating to these areas of law.
The Section originates, advocates, and monitors legislation; sponsors
continuing legal education programs; publishes materials including a
yearly journal of state and federal business law developments; and
provides networking and liaison opportunities for lawyers, judges,
academicians, and law students. Mr. Blain was elected to the chair
position of the Section at the annual convention of The Florida Bar
held in Boca Raton in June. He previously has chaired the Continuing
Legal Education, Bankruptcy/Uniform Commercial Code, Bankruptcy
Judicial Liaison, and Legislation committees of the Business Law
Section and has served on the Executive Council and as
secretary/treasurer of the Section.
BANKRUPTCY
COURT CONFIRMS CHAPTER 11 PLAN FOR MARCO ISLAND CONSTRUCTION COMPANY
– JUNE 19, 2008
On June 19, 2008, the United States
Bankruptcy Court, Ft. Myers Division, entered an order confirming the
plan of reorganization of Enterprise Construction, Inc. The Debtor had
filed for Chapter 11 protection in October, 2007, with post-petition
financing being provided by principals of the Company. The plan
featured a restructuring of obligations to Regions Bank, a voluntary
surrender of collateral (homes under construction) to Bank of America,
subordination of the DIP financing to permit payments to general
unsecured creditors, and a new contribution by principals to fund
distributions to unsecured creditors. The plan also contained
injunctive provisions and releases prohibiting actions against the
principals who had funded the Chapter 11 plan. At an evidentiary
hearing held at the time of confirmation, the Bankruptcy Court also
found that the value of the collateral surrendered to Bank of America
fully satisfied Bank of America’s debt and that Bank of America
had no unsecured deficiency claim. Stephen R. Leslie and Daniel R.
Fogarty led the firm’s representation in this case.
Stichter,
Riedel Lawyers Elected to Positions in Tampa Bay Bankruptcy Bar
Association - June 6, 2008
Elena Paras Ketchum was inducted at the
annual dinner of the Tampa Bay Bankruptcy Bar Association to serve as
the Treasurer of the TBBBA for the 2008-2009 term. Ms. Ketchum had
previously served as a member of the board of directors of the TBBBA
from 2006 to 2008. In addition, Edward J. Peterson was inducted as a
director of the TBBBA. Mr. Peterson was first elected as a director in
2007.
Plan
of Reorganization Confirmed for Cable Manufacturer - June 4, 2008
On June 4, 2008, the United States
Bankruptcy Court for the Middle District of Florida, Tampa Division,
entered an order confirming the Plan of Reorganization of Performance
Line Hardware, LLC under which Performance Line will continue as a
going concern under its prepetiton management and with the same equity
ownership structure that existed prepetition. Performance Line
manufactures specialty cable, wire rope, and strand products from
stainless steel, drawn and hot-dipped galvanized carbon steel, carbon
steel, monel, inconel, tin-plated phosphor bronze, silicon tin bronze,
titanium, MP35N and many other specialty alloys. Performance Line's
customers include OEM manufacturers in a wide variety of industries
including the military, government, medical, power utilities,
telecommunications, cable television, petro-chemical, oil exploration
and marine industries. Stichter, Riedel promulgated the plan on behalf
of Performance Line and has represented Performance Line as a
debtor-in-possession since the case was filed in June 2007.
Florida
Uniform Fraudulent Transfer Act interpreted by District Court - May 21,
2008
On May 21, 2008, the District Court for the
Middle District of Florida ruled in favor of Stichter, Riedel's client
and held that the court appointed Receiver could pursue a third party
who received a benefit from a fraudulent transfer rather than receiving
the actual fraudulent transfer and that the pleading fraud with
particularity requirements under FRCP 9(b) are not applicable to
pleading causes of action under the Florida Uniform Fraudulent Transfer
Act.
Plan of Reorganization Confirmed in Related Cases of Shutter
Manufacturers – May 1, 2008
On May 1, 2008, the United States
Bankruptcy Court for the Middle District of Florida, Tampa Division,
entered an order confirming the Plan of Reorganization of four related
entities, Valco Enterprises, Ltd., Shutter Enterprises Group, Inc.,
Roll-a-Way, Inc. and Valco Group, Inc. The Debtors were engaged in the
business of manufacturing, selling, and installing of various types of
shutter systems throughout Florida. The Plan followed a court-approved
sale of substantially all of the Debtors' assets to Qualitas
Manufacturing, Inc., a leading national shutter manufacturer. Stichter,
Riedel promulgated the plan on behalf of the Debtors and has
represented the Debtors as a debtors-in-possession since the case was
filed in October 2007. Elena Paras Ketchum was primarily responsible
for handling the case for the firm.
Joint
Plan of Reorganization Confirmed -
March 5, 2008
On March 5, 2008, the Bankruptcy Court for
the Middle District of Florida, Ft. Myers Division, ruled from the
bench that the Court would confirm the Joint Plan of Reorganization of
RCMP Enterprises, LLC and Carmello Natoli in the case of Weeks Landing,
LLC. Weeks Landing is one of four related debtors involved with a
planned marina/condominium real estate project in Estero, Florida, at
the end of Coconut Road. Stichter, Riedel promulgated the plan on
behalf of RCMP, and represented RCMP as debtor-in-possession lender
since the cases were filed in 2006 and throughout its involvement in
the cases.
Sale of Not-for-Profit Hospital Concluded - February 29, 2008
On February 29, 2008, Sun Coast Hospital,
Inc., and Sun Coast Imaging, Inc., closed the sale of substantially all
their operating assets and the transfer of contracts and leases to
Largo Medical Center, Inc., a wholly-owned subsidiary of Hospital
Corporation of America, for $19.7 million. The sale was conducted upon
approval obtained from the Bankruptcy Court in Tampa. The Sun Coast
entities retained cash on hand, accounts receivable, and other
non-operating assets. The proceeds from the sale, together with
proceeds obtained from the disposition of retained assets, will fund a
Chapter 11 plan. The closing of the sale transaction was handled by
Charles A. Postler of the firm.
Sale
of Roofing Supply Company Concluded - February 29, 2008
On the same day as the Sun Coast Hospital
closing, Stichter Riedel also handled the closing of the sale of
substantially all the assets of Suncoast Roofers Supply, Inc., to SRS
Acquisition Corporation, a subsidiary of AEA Investors, for $12.6
million. The Chapter 11 process culminated in a successful auction and
approval of the sale by the Bankruptcy Court in Tampa. Suncoast had
been one of the largest distributors of roofing supplies to Florida
residential and commercial markets. The Debtor was able to close the
sale on the same day as the entry of the order approving it because the
Court, at the request of the Debtor, authorized an immediate sale and
waived the ten-day stay imposed by Bankruptcy Rule 6004(h). Russell M.
Blain has led the firm’s representation of Suncoast Roofers.
Continuum Care Services, Inc., d/b/a The Family/Cowcat Enterprises,
Inc. – Sale of Sunrise Psychiatric Hospital closes. - February
15, 2008
On February 15, 2008, the substantively
consolidated debtors completed the sale of Sunrise Psychiatric Hospital
to Louis Bombart for $12,000,000.
Continuum
Care Services, Inc., d/b/a The Family/Cowcat Enterprises, Inc. –
Bankruptcy Court order approving sale of Sunrise Psychiatric Hospital -
February 6, 2008
On February 6, 2008 the U.S. Bankruptcy
Court for the Southern District of Florida entered an order approving
the sale of substantially all of the assets of the substantively
consolidated Debtors, Continuum and Cowcat, to Louis Bombart for $12
million. It is anticipated, although not guaranteed, that the proceeds
of the sale will be sufficient to pay all creditors in full.
Towers
of Channelside Seeks Relief under Chapter 11 – Jan 25, 2008
Stichter Riedel filed in the United States
Bankruptcy Court for the Middle District of Florida a voluntary
petition for Towers of Channelside, LLC seeking reorganization under
Chapter 11. Towers of Channelside is the developer of a high-rise
condominium consisting of twin 29-story towers with 257 residential
condominium units and additional ground-floor retail space, including
three restaurants. Towers has approximately $84.5 Million in secured
and unsecured debt. With the petition, the firm filed a number of
motions, including a motion to sell units and a motion to use cash
collateral. Both motions were granted by the Bankruptcy Court at an
expedited hearing held shortly after the filing.
Bankruptcy Court
Confirms Plan of Reorganization in Clearwater Cylinder Chapter 11 Case
- January 16, 2008
The Bankruptcy Court in Tampa confirmed the
plan of reorganization for Clearwater Cylinder Head, Inc. The plan
provides for the continued operation of the company and for periodic
payments to creditors, resolving disputes with GMAC, LLC, which had
alleged an interest in the company arising from a $420 million judgment
that it had obtained against an officer of the company. Scott A.
Stichter was primarily responsible for handling the case for the firm.
Continuum Care Services, Inc. d/b/a/ The Family - Court approves
substantive consolidation of debtor with non-debtor affiliate and
establishes bid and sale procedures. - January 7, 2008
The firm recently prevailed on a motion for
summary judgment resulting in the substantive consolidation of the
debtor, Continuum, who owns the license for a 100-bed psychiatric
hospital, with a non-debtor affiliate, Cowcat Enterprises, Inc., the
owner of the real property where the hospital is located. There is
presently a stalking horse offer of $14,000,000. The auction is
scheduled for January 28, 2008 at the Facility. The Sale Order is
available for review on our Home Page under "documents."
Not-For-Profit
Hospital Seeks Relief Under Chapter 11 - December 28, 2007
Stichter, Riedel filed in the United States
Bankruptcy Court for the Middle District of Florida, Tampa Division for
Sun Coast Hospital, Inc., a not-for-profit 200-bed general acute care
hospital with outpatient service facilities that had operated for more
than fifty years. Prior to filing, the Debtor entered into an agreement
to sell substantially all of their assets to a wholly-owned subsidiary
of Hospital Corporation of America. The firm also filed a Chapter 11
petition for a subsidiary of the Debtor, Sun Coast Imaging Center, LLC,
which operates a magnetic resonance imaging center. Following the
filings, the Debtors obtained court approval to use cash collateral
subject to asserted liens of The Bank of New York, as indenture
trustee, and to implement an incentive program for key employees. The
Debtors also successfully opposed the appointment of a patient care
ombudsman.
Article on Releases in Chapter 11 Cases Published by Florida Bar -
December 12, 2007 Edward Peterson's article summarizing the
law governing releases in Chapter 11 cases was selected for publication
on page 1 of the Florida Bar's Out-of-State Practitioners Division's
State-to-State journal. The article discusses published and unpublished
decisions in Florida and the Eleventh Circuit and concludes with a
quote from Judge Jenneman's In re Transit Group, Inc. case
noting that the law in Florida is "pro-release."
TAMPA CITY COUNCIL
COMMENDATION Presented to DON STICHTER - November 15, 2007
In honor of his fifty years of service in
the legal profession in Tampa, City Council is honored to recognize Don
Stichter. Beginning the practice of law in 1957, Mr. Stichter has
provided invaluable service and advice to many members of our
community. Don served as president of the Hillsborough County Bar
Association in 1972-73. He was one of the founders of the Tampa Bay
Bankruptcy Bar Association and served as its first president in
1988-89. In 2001, Mr. Stichter received the Hillsborough County Bar
Association’s Outstanding Lawyer Award. In 1974, he co-founded
the legal firm of Stichter, Riedel, Blain and Prosser and has continued
to serve the public for the past third of a century with diligence and
compassion. Therefore, it is altogether fitting and proper that the
Tampa City Council present this commendation to Don Stichter on behalf
of a grateful community. *signed and sealed members of City Council
*presented on Nov. 15, 2007 by Mr. Dingfelder
Roofing Supply Company Seeks Relief Under Chapter 11 - November 14, 2007
Stichter, Riedel filed a voluntary petition
seeking relief under Chapter 11 for Suncoast Roofers Supply, Inc. in
the United States Bankruptcy Court for the Middle District of Florida,
Tampa Division. At the time of filing, Suncoast was one of the largest
distributors of roofing supplies to Florida residential and commercial
markets. Shortly after filing, the Bankruptcy Court entered first day
orders approving postpetition financing and otherwise allowing the
company to continue to continue to operate its business.
Editorial: Insolvency & Restructuring in Florida
Boutique firm Stichter Riedel Blain &
Prosser PA is a 13-lawyer outfit with two Florida offices, and it
stands alongside Akerman Senterfitt at the top of our findings as one
of only two firms with three partners included in the following pages.
Respondents were effusive in their praise for Harley Riedel; he was
variously described as “fantastic”, “a star”
and “at the very top of the elite”. He headed the
firm’s representation of the creditors’ committee of Anchor
Glass, LincNet, JumboSports, American Ship Building Company, Barret
Home, Provincetown-Boston Airlines and Retail Networks, among others.
His bankruptcy mediation work was also picked out as being “of
the highest quality”. The “very eminent” Don Stichter
was one of the first three Florida lawyers selected to be a Fellow of
the American College of Bankruptcy, and has led the firm’s
representation in Hillsborough Holdings, Silk Greenhouse, Frank
Morsani, Gulf Tampa Drydock, Sunstate Dairy and Trident Shipworks. The
“stellar” Russell Blain is particularly well known for his
chapter 11 reorganisation work, and his recent clients include Moltech
Power Systems and Moltech Corporation, Centurion Hospital of
Carrollwood and Ace Auto Parts.
Marco Island Construction Company Seeks
Relief under Chapter 11 - October 4, 2007
Stichter Riedel filed in the Ft. Myers
division of the United States Bankruptcy Court for the Middle District
of Florida a voluntary petition for Enterprise Construction, Inc.
seeking reorganization under Chapter 11 . Enterprise is a Florida
corporation with headquarters in Marco Island, Florida. It is a leading
home builder on Marco Island with a number of homes under construction.
The Company is involved in litigation in which it seeks to collect
significant amounts owed on completed homes. Simultaneously with the
filing of the Chapter 11 petition, Enterprise filed a number of
motions, including a motion seeking approval of a post-petition line of
credit. Initial case status hearings were held on November 1, 2007, and
the firm was successful in obtaining preliminary Court approval of the
post-petition line of credit and in obtaining orders setting December
31, 2007 as the bar date for filing claims and authorizing the
rejection of a burdensome lease effective as of the filing date.
Stephen
Leslie Presents at Southwest Florida Bankruptcy Bar Meeting - October
4, 2007
At the October 4, 2007 luncheon of the
Southwest Florida Bankruptcy Professional Association, Stephen R.
Leslie spoke and presented at seminar involving Chapter 11 issues. The
format was an interactive and inclusive discussion, and focused on
legal, ethical, and practical issues involving real estate related
workouts and Chapter 11 cases, as well as small business Chapter 11
cases. As a result of recent economic challenges in the real estate
market, the firm's practice in general has focused on the developing
restructuring and Chapter 11 practice in this important component of
the economy, and in particular the Southwest Florida region of our
State.
Court Confirms Unsecured
Creditors’ Committee Plan in Skyway Communications Holding Corp.
- August 17, 2007
SRBP represented the Committee in
Skyway Communications Holding Corp. Skyway filed a Chapter 11 Case on
June 14, 2005. Prior to the petition date, Skyway was in the business
of developing a ground-to-air in-flight communication network to
facilitate homeland security and in-flight entertainment. The Firm, on
behalf of the Committee, was successful in obtaining the appointment of
a Chapter 11 Trustee. The Committee proposed and filed a Disclosure
Statement and Plan which was confirmed by the Bankruptcy Court. The
Plan provided for the cancellation of the publicly-traded stock of
Skyway and the issuance of private stock to the purchaser. Richard C.
Prosser served as lead counsel for the Firm.
Elena P. Ketchum and Edward J. Peterson
Become Shareholders – July 2007
Stichter, Riedel, Blain & Prosser is
pleased to announce that Elena Paras Ketchum, who joined the firm in
2001, and Edward J. Peterson, who joined the firm in 2005, have been
named shareholders. Both Elena and Edward serve on the Board of
Directors of the Tampa Bay Bankruptcy Bar Association and are actively
involved in the firm's reorganization and work-out practice. Both are
members of the Business Law Section of The Florida Bar.
Elena received her J.D., with honors, from the University of Florida
College of Law and her B.A., magna cum laude, from Agnes Scott College,
where she was also inducted into Phi Beta Kappa.
Edward received his B.A from Kenyon College and his J.D. magna cum
laude from the University of Alabama College of Law.
Chapter 11 Plan Confirmed in GSR Case –
July 16, 2007
On July 16, 2007, the United States
Bankruptcy Court for the Middle District of Florida confirmed the joint
plan of reorganization of GSR Development, LLC, and the Official
Committee of Unsecured Creditors. At the inception of the Chapter 11
case, GSR was the largest landowner and developer on Anna Maria Island.
The joint plan was the product of months of negotiations lead by
Stichter, Riedel on behalf of the lead proponent, and involved the
embodiment of a compromise of complex litigation and the disposition of
real estate valued in excess of $40 million.
Stichter
Riedel selected as Committee Counsel in Southwest Florida Real Estate
Case - July 5, 2007
On July 5, 2007, the firm, lead by Edward
Peterson and Stephen Leslie, was selected from multiple candidates as
counsel for the Official Committee of Unsecured Creditors in the case
of In re Jordyn Holdings IV, LLC. The case involves a 400 plus acre
platted subdivision located in Lee County, Florida, under contract for
$53,000,000.
Moltech
Power Systems (Battery Park Industries) Confirms Chapter 11 Plan of
Reorganization in Northern District of Florida Case (June 4, 2007)
Chief Judge Lewis Killian of the
Northern District of Florida Bankruptcy Court confirmed the plan of
reorganization filed by Moltech Power Systems, Inc. (now known as
Battery Park Industries, Inc.), on June 4, 2007. At one time Moltech
was one of the largest manufacturers of nickel metal hydride battery
cells in the world. At the time it filed its Chapter 11 petition in
2001, Moltech was the last-remaining United States owned manufacturer
of nickel cadmium and nickel metal hydride battery cells that
manufactured its cells within the United States. The facility, located
in Alachua, Florida, north of Gainesville, had been built in the
1960’s by General Electric Co. and later operated by Gates Tire
Company. It was later acquired by Energizer Holdings, Inc., and
Eveready Battery Company and subsequently sold to Moltech in the late
1990’s. Moltech had been financed with a $54 million credit
facility from Congress Financial Corporation (Florida), which merged
into Wachovia Bank during the course of Moltech’s Chapter 11
case. During the case, Moltech concluded a series of asset sales to
various entities, including a Chinese company, an Atlanta energy
company, and a Connecticut battery manufacturer. By plan confirmation,
a substantial portion of the senior credit facility had been paid down,
the remaining portion had been assumed by Topspin Partners L.P. of
Roslyn Heights, New York, for itself and other entities, and more than
$2 million had been funded for unsecured creditors. The Stichter Riedel
team that represented Moltech throughout the case was led by Russell M.
Blain and included Wanda Hagan Golson and Stephen R. Leslie. The case
represents one of the largest Chapter 11 cases ever filed in the
Northern District of Florida.
Harley
E. Riedel II Receives Prestigious Douglas P. McClurg Professionalism
Award From The Tampa Bay Bankruptcy Bar Association - May 31, 2007
TAMPA – The Tampa Bay
Bankruptcy Bar Association announces that Harley E. Riedel II is a
recipient of the Douglas P. McClurg Professionalism Award. The award is
presented to an individual attorney who exemplifies over a period of
years the traits demonstrated by Douglas P. McClurg during his
lifetime. The criteria for the award are outstanding effectiveness in
the presentation of matters to the Bankruptcy Court, a reputation for
thorough preparation, civility and courtesy to opposing counsel,
appropriate courtroom demeanor, ethical conduct and professionalism at
the highest level and long term service to the bankruptcy bar.
Riedel is a partner with Stichter Riedel Blain and Prosser. He is a
graduate of Baylor University and received his juris doctorate from the
Levin College of Law at the University of Florida. He was a founding
director of the TBBBA and served as president and chairman. He has also
served as an officer and director of the Tampa Bay Federal Bar
Association and as chairman of the Hillsborough County Law Library. He
has spoken and written on bankruptcy related topics for numerous
groups. He is the principle author of the section on Chapter 11
Practice in the Thomson West Publishing Company publication,
“Norton Handbook for Bankruptcy Trustees, Debtors-in-Possession,
and Committees.”
Riedel is a fellow of the American College of Bankruptcy and has been
listed in The Best Lawyers in America® for bankruptcy law. He was
recognized as one of Florida’s "Legal Elite" in the Florida Trend
magazine.
The only other recipients of the prestigious are Don M. Stichter and
Leonard Gilbert.
McClurg died in a hunting accident in 2002. McClurg was one of the
founding directors of the TBBBA and served as president and chair. He
provided an unparalleled example of professionalism.
The TBBBA established the award in his honor in 2003. Each year the
TBBBA assembles a selection committee consisting of former chairs of
the TBBBA, past recipients of the award and a sitting United States
Bankruptcy Judge to determine if an individual is properly deserving of
the award, which need not be given on an annual basis.
The TBBBA is a voluntary bar association organized in 1988 and has 300
members.
The United States Bankruptcy Court for the Middle District of Florida
is one of the busiest bankruptcy courts in the nation. Last year, over
15,000 cases were filed in the Middle District of Florida.
Demographically, approximately eight million of Florida’s fifteen
million people reside in the Middle District of Florida. It contains
thirty-five of Florida's sixty-seven counties including four of
Florida’s largest metropolitan areas (Fort Myers, Jacksonville,
Orlando, and Tampa/St. Petersburg).
Stichter Riedel Lawyer Amy Denton Harris Inducted into the Supreme
Court of the United States--May 21, 2007
Amy Denton Harris was inducted into the
Supreme Court of the United States, the highest court in the nation.
The induction ceremony took place in Washington, D.C. on May 21, 2007.
Amy joins shareholder Russell M. Blain as a member of the Bar of the
Court.
Firm
Prevails in Homestead Equitable Lien Dispute and Concludes Global
Settlement in Gosman Case - April 13, 2007
The firm has been counsel to the debtor, Abraham D. Gosman, since late
2003 in one of the largest individual Chapter 7 cases ever filed in the
Southern District of Florida. After extensive litigation with the
Chapter 7 Trustee and others over numerous issues, including the
parties' entitlement to the proceeds of the sale of Mr. Gosman's 6.2
acre Palm Beach residence located on the Atlantic Ocean, Mr. Gosman
reached a settlement with the Trustee that was conditioned upon the
Court's denial of an equitable lien on his homestead. J.P. Morgan Chase
Bank had asserted the entitlement to a lien based upon Mr. Gosman's
alleged breach of a negative pledge agreement and alleged fraudulent
conduct. The firm moved to dismiss Chase's equitable lien motion on the
bases (a) that the Florida Constitution, applicable in bankruptcy cases
pursuant to Section 522(b) of the Bankruptcy Code, did not permit a
lien on the homestead and (b) that prior orders of the Court precluded
the imposition of a lien under principles of res judicata. On the eve
of a hearing to approve the global settlement, the Bankruptcy Court
issued an order denying the JPMorgan Chase equitable lien on both
grounds urged by the firm on behalf of Mr. Gosman. The Court
subsequently approved the global settlement, which also resolved
eighteen pending appeals, and the settlement has been closed. The
firm's representation of Mr. Gosman was led by Harley Riedel, Wanda
Golson, and Amy Harris.
Firm successful in contested conversion of
Continuum Care to Chapter 11 - April 6, 2007
After an involuntary Chapter 7 petition was filed against Continuum
Care Services, Inc. d/b/a The Family in the United States Bankruptcy
Court S. D. Florida, SRBP filed a contested motion to convert the case
to Chapter 11 and to discharge the Chapter 7 trustee. In addition, a
motion to appoint a chief restructuring officer was filed. After
conducting an evidentiary hearing, Judge Olson granted both motions.
Continuum is a 90,000 sq. ft., 100 bed psychiatric and substance abuse
facility situated on approximately 10 acres and located in Sunrise,
Florida.
Firm files Committee Plan in Skyway - April 6, 2007
SRBP represents the Committee in the Skyway Communications Holding
Corp. Recently, the Committee proposed and filed a Disclosure Statement
and Plan which will cancel the publicly-traded stock and issue private
stock to the purchaser.
Stichter Riedel Lawyer Russell M. Blain
Invited to Become a Fellow of the American College of Bankruptcy
– March 2007
Shareholder Russell M. Blain has been
invited to become a Fellow of the prestigious American College of
Bankruptcy. The induction ceremony took place in Washington, D.C. on
March 23, 2007. Russell joins his fellow shareholders Don M. Stichter
and Harley E. Riedel in the College. He is the only practicing lawyer
in the Eleventh Circuit to be inducted into the College in 2007.
The American College of Bankruptcy, founded in 1989, is an honorary
association of bankruptcy and insolvency professionals. Its Fellows
include: commercial and consumer bankruptcy attorneys, judges,
government officials, law professors, bankruptcy trustees, investment
bankers, accountants, and others involved in the bankruptcy and
insolvency community. Nominees are extended an invitation to join based
on a proven record of the highest standards of professionalism and
service to the profession.
DIP Lender Files Chapter 11 Plan in Two Weeks
Landing Cases – March 2007
RCMP Enterprises, LLC, a post-petition
lender to two of the Debtors in the Ft. Myers Chapter 11 cases of Weeks
Landing LLC, Shell Cove Marine Properties LLC, Estero Commons LLC and
131 Group Inc., filed a plan of reorganization and disclosure statement
in the cases of Weeks Landing and Shell Cove. RCMP holds approximately
$1 million in post-petition debtor-in-possession loans that enjoy
senior or junior lien status on various parcels of the Debtors'
properties, as well as administrative super-priority. The United States
Bankruptcy Court has scheduled hearings on RCMP's disclosure statement
for September 6, 2007.
Firm obtains favorable Report and Recommendation for investors in SEC
Ponzi-scheme receivership - January 12, 2007
Wanda Hagan Golson, in joint representation with other
defendants’ attorneys, successfully defended several investors
sued by the SEC appointed receiver for the return of principal
investment repayments in a ponzi-scheme receivership. The District
Court in the Middle District of Florida, Tampa Division, is now
considering objections by the Receiver to the Report and Recommendation
and the investors’ response thereto.
Physician Covenant Not to Compete Litigation – December 2006
Wanda Hagan Golson and Amy Denton Harris
brought a declaratory judgment action on behalf of a physician to
release him from the covenant not to compete in his employment contract
due to his employer’s prior breach of the employment contract.
The employer settled the action and fully released the physician the
day of the preliminary injunction hearing.
Firms Obtains Disallowance of $165 Million in
Claims in Anchor Glass - December 12, 2006
As counsel for Samuel Stricklin, the Alpha Resolution Trustee under
Anchor Glass Container Corporation's plan of reorganization, the firm
is well along in its efforts to resolve outstanding claims. To date,
the firm has filed objections to more than $200 million of filed and
scheduled claims. The objections have resulted in the reduction of
approximately $195.5 million in filed and scheduled claims to
approximately $25.8 million. The Firm continues to press forward on
objections.
Edward J. Peterson Speaks at Creditor's
Rights Seminar - September 18, 2006
On September 18, 2006, Edward Peterson spoke
at a Creditors' Rights Seminar sponsored by the National Business
Institute. Edward spoke on how the new Bankruptcy Act has affected
creditors' rights and remedies.
Bankruptcy Court Confirms Individual Chapter
11 Plan - September 14 , 2006
Approximately ten months after the filing of a joint Chapter 11
petition, Judge Catherine Peek McEwen confirmed a Chapter 11 plan for a
medical doctor and his wife in the case of In re Wiley. The case
presented challenging issues, including a contested dischargeability
action. Susan Sharp headed up the firm’s representation, with Ms.
Sharp and Edward Peterson handling the confirmation issues.
Firm Opens Ft. Myers Office - September 1,
2006
The firm has opened an office located at 1342 Colonial Blvd Ste H57
Fort Myers FL 33907. The office number is (239)939-5518 and fax:
(239)939-5568. The firm has regularly handled the representation of
debtors, creditors’ committees, purchasers, and secured and
unsecured creditors in Chapter 11 bankruptcy cases in Ft. Myers for
decades, including many of the largest cases filed there. These cases
include The Shell Factory (debtor in possession), Shaw Aero Devices
(debtor in possession), Port O’ the Islands Community Development
(debtor in possession), Corkscrew Golf Property Land Trust (Wildcat
Run) (debtor in possession), Harbor Place Associates (owner of the
Sheraton Harbor Place Hotel)(debtor in possession), the Twin Eagles
cases (secured creditor and DIP lender), Riverwood Land Company (debtor
in possession), and Morton Goldberg (special counsel to debtor). The
firm is currently representing the debtors in possession or other major
parties in interest in cases that include: Weeks Landing (DIP lender
and potential plan funder), Cassidy (debtor in possession), Southwest
Florida Heart Group (former members), CEM Construction (debtor in
possession), and Morande Enterprises (co-counsel for debtor in
possession). The opening of the new office reflects the firm’s
historical commitment to the Ft. Myers and Naples area, as well as the
increased activity in the firm's Ft. Myers/Naples practice.
Elena Paras Ketchum receives the James M.
"Red" McEwen Memorial Award - September 2006
The Hillsborough County Bar Association awarded Elena P. Ketchum the
James M."Red" McEwen Memorial Award. This award is named in honor of
the late Red McEwen, a distinguished lawyer with the Gibbons, Tucker,
McEwen, Smith & Cofer firm and active community volunteer. Among
other things, the University of South Florida baseball field is named
in his honor. The award is presented annually by the HCBA to the
individual that contributed most to the Association during the year.
Ms. Ketchum co-chaired the Community Service Committee of the HCBA.
Ft. Myers Bankruptcy Court Denies Summary
Judgment On Collateral Estoppel Effect Of Pre-Bankruptcy Arbitration
Award - August 18, 2006
The firm successfully defended a summary judgment motion filed by a
group of doctors against an individual Chapter 11 debtor radiologist in
connection with a dischargeability action related to a pre-petition
arbitration award. Judge Alexander L. Paskay determined that the
arbitration award lacked the specificity necessary to apply the
doctrine of collateral estoppel, and denied the Plaintiffs’
motion for summary judgment and motion for judgment on the pleadings.
The Chapter 11 case is ongoing.
Southern District Bankruptcy
Court Approves Sale of Substantially All Assets of World’s
Largest Manufacturer of Trash and Linen Chutes for High Rise Buildings
- August 8, 2006
Bankruptcy Judge Raymond Ray approved the sale of substantially all of
the assets of Wilkinson High Rise, LLC and Wilkinson Chutes, Inc. under
§363 of the Bankruptcy Code to a buyout group consisting of
members of management and financial advisors to the companies, both of
which had operated their businesses as debtors in possession. The firm
represented the Debtors, and the sale was supported by the
companies’ largest secured creditor, which financed the
transaction, and by the Official Committee of Unsecured Creditors.
After announcing from the bench the approval of the sale on July 17,
2006, the Court held an emergency hearing to resolve an objection of
the United States Trustee to the inclusion of language releasing claims
against members of the management team that would also manage and
partially own the purchasing entity. The Court approved the release
language, which was supported by the Committee and the major secured
creditor, General Electric Credit Corp. Harley Riedel, Charles Postler,
Greg Golson and Edward Peterson were the lawyers at the firm primarily
responsible for documenting and obtaining approval of the transaction.
Largest Developer on
Anna Maria Island, Florida, Seeks Relief in Chapter 11 - July 15, 2006
GSR Development, LLC, sought relief under Chapter 11 of the Bankruptcy
Code on July 13, 2006. The Debtor is the largest land owner on Anna
Maria Island, which is a barrier island on the southern edge of Tampa
Bay. The Debtor owns numerous parcels of real property on the island,
including single family home sites and condominium parcels, with an
aggregate value estimated to be in the neighborhood of $50 million. The
representation is led by Richard C. Prosser and Stephen R. Leslie.
Debtor-in-Possession
Financing for Ft. Myers Marina/Real Estate Acquisition Approved - July
1, 2006
Pursuant to Section 364 of the Bankruptcy Code, Bankruptcy Judge
Alexander L. Paskay, approved new Debtor-in-Possession financing for
Weeks Landing, LLC, one of several affiliated debtors in Chapter 11
cases pending in Ft. Myers. The firm represented the
Debtor-in-Possession lender, RCMP Enterprises, LLC. The DIP lender is
also conducting due diligence and is the proposed “stalking
horse” purchaser for the marina property. The hearings in the
case have been handled by Steve Leslie. Mr. Leslie and Harley Riedel
have been involved in the negotiations with the Debtors leading to the
DIP financing and prospective purchase.
Amy
Denton Harris Appointed Chair of the Accounting Circle Board at the
University of South Florida - July 1, 2006
Amy Denton Harris will serve as chair of the Accounting Circle Board at
the University of South Florida from July 1, 2006 through June 30,
2007. The Accounting Circle is a partnership among the faculty,
students, alumni, and friends of the University of South Florida to
support the School of Accountancy in: (i) maintaining its rating as one
of the top accounting programs in the nation, (a) providing financial
assistance to students, and (b) assisting in recruiting.
General Contractor Seeks
Relief in Ft. Myers Chapter 11 Case - June 23, 2006
C.E.M. Construction Services, Inc., sought relief under Chapter 11 of
the Bankruptcy Code in a Ft. Myers case. The Debtor is a single family
home builder in Lee County and Collier County in Southwest Florida. The
representation is led by Stephen R. Leslie.
Order
Entered by Gainesville Bankruptcy Court Confirming Plan of
Reorganization For Deb-Lyn, Inc. - June 9, 2006
Stichter, Riedel represented the Debtor which owned and operated Burger
King restaurants at various locations throughout north central Florida.
On June 9, 2006, the United States Bankruptcy Code for the Northern
District of Florida entered an Order Confirming Plan of Reorganization
for Deb-Lyn, Inc. The plan provided for the sale of up to four (4) of
the Debtor’s Burger King restaurants and for the payment of
claims from funds from the Reorganized Debtors operation of the eight
(8) remaining restaurants.
Tampa
Bankruptcy Court Enters Order Confirming Consolidated Plan of
Reorganization for Owner of Sonic Drive-In Restaurants - June 8, 2006
On June 8, 2006, the United States Bankruptcy Court for the Middle
District of Florida, Tampa Division, entered an order confirming a
consolidated plan of reorganization for Langford-Leake-Group, Inc., SDI
of Auburndale, Inc., and SDI of Winter Haven, Inc. Stichter, Riedel
represents the Debtors who owned and operated Sonic Drive-In
restaurants in central Florida. The plan provides for the sale of the
restaurants as well as a 100% distribution to unsecured creditors. The
representation was held by Richard C. Prosser and Amy Denton Harris.
Elena
Paras Ketchum Elected Director of The Tampa Bay Bankruptcy Bar
Association - June 6, 2006
Elena Paras Ketchum was elected to a two-year term as a director of The
Tampa Bay Bankruptcy Bar Association. This represents Stichter
Riedel’s continued involvement with the Association, which has
included four shareholders having served as president and chairs of the
Association.
Elena
Paras Ketchum Continues as Co-Chair of the Hillsborough County Bar
Association’s Community Service Committee - June 2006
Elena Paras Ketchum will serve as Co-Chair of the Community Service
Committee of the Hillsborough County Bar Association, continuing in
this position from last year.
Two
Stichter Riedel Lawyers Appointed to Executive Positions With the
Business Law Section of The Florida Bar - June 2006
At the annual meeting of The Florida Bar, Russell M. Blain was elected
Secretary/Treasurer of the Business Law of The Florida Bar. Mr. Blain
has served on the Executive Council of the Business Law Section,
previously served as chair of the Continuing Legal Education and
Bankruptcy committees, and most recently served as chair of the
Legislation Committee. In addition, Elena Paras Ketchum was appointed
to the Executive Council of the Business Law Section of The Florida
Bar.
Stichter,
Riedel Files Chapter 11 Cases in Ft. Lauderdale for Wilkinson Hi-Rise
and Wilkinson Chutes - May 15, 2006
The firm filed voluntary petitions for relief for Wilkinson Hi-Rise,
LLC and Wilkinson Chutes, Inc. under Chapter 11 of the Bankruptcy Code
on May 15, 2006. The Debtors manufacture and install sheet metal
fabrication products.
Anchor
Glass Plan of Reorganization Confirmed; Firm Chosen as Counsel for the
Plan Resolution Trustee - April 17, 2006
The Bankruptcy Court entered an order confirming the consensual Plan of
Reorganization of Anchor Glass Container Corporation. The firm served
as co-counsel for the Official Committee of unsecured creditors in the
case. Unsecured creditors received an $8.6 million cash distribution
whish was to be deposited in the Alpha Resolution Trust upon the
Effective Date of the Plan, and noteholders with deficiency claims of
approximately $100 million waived any right to share in the cash
distribution. The Confirmation Order also appointed the firm as counsel
to the Alpha Resolution Trust, which had the authority under the Plan
to resolve all general unsecured claims.
Harley E. Riedel Speaks on
Bankruptcy Bar Panel - March 14, 2006
Harley E. Riedel spoke at a seminar discussing changes to the
Bankruptcy Code. The panel included Chief Judge Paul M. Glenn of the
Bankruptcy Court for the Middle District of Florida, Tampa Division,
and Judge David W. Houston of the Bankruptcy Court for the Northern
District of Mississippi. Mr. Riedel spoke on chapter 11 issues arising
under the new legislation.
Firm
Prevails in Appeal of Setoff Order in Lykes Bros. Steamship Case -
October 25, 2005
The United States District Court for the Middle District of Florida
affirmed a decision of the Bankruptcy Court (Judge Alexander L. Paskay)
determining that the United States had no right of setoff following
confirmation of a plan of reorganization in the case of Lykes Bros.
Steamship Co., Inc. The Bankruptcy Court’s decision was published
at 217 B.R. 304 and involved a setoff claim of the United States in the
amount of approximately $2.4 million. The firm represented Lykes Bros.,
the third largest U.S. Flag carrier providing container transportation
between the United States and Europe, the Mediterranean, Africa and
South America in this appeal, as well as in its successful
reorganization efforts. As part of the plan of reorganization, portions
of the Company were reorganized as a vessel-leasing company and the
other portions of the Company were sold to an affiliate of Canadian
Pacific. The Company remained headquartered in Tampa following the
sale, and Canadian Pacific announced recently that the successor entity
was being re-sold for approximately $2 billion.
Stichter,
Riedel successfully represents majority bond holders in bankruptcy
auction - October 7, 2005
The firm represented Fidelity Partners, LLC and CAP IV River Bend, LLC
in the Wellington-Tampa, LLC case involving a 296 unit apartment
complex known as the “River Bend Apartments.” The complex
was subject to a first mortgage in favor of SunTrust Bank, as Indenture
Trustee, securing approximately $14 million in bonds. During the case,
Fidelity acquired a large majority of the bonds and, dissatisfied with
the Debtor’s proposals and the conduct of the case, exercised its
rights under the indenture trust to cause SunTrust to credit bid a
portion of the secured debt to acquire the property. The Debtor
vigorously opposed this course of action and sought to suspend the sale
procedures, withdraw its sale motion, and dismiss the Chapter 11 case
rather than transfer beneficial ownership of the complex to an entity
designated by SunTrust. In addition, third parties appeared and entered
bids for the property. On October 7, 2006, the Bankruptcy Court entered
a detailed 18-page order approving SunTrust’s $12 million credit
bid and approving the execution and recording of the deed and other
transfer documents. Upon refusal of the Debtor to comply with the
Order, the Bankruptcy Court entered an emergency order on October 14,
2006 conveying the property to CAP IV River Bend, LLC pursuant to
Bankruptcy Rule 7070.
Edward
J. Peterson Admitted to The Florida Bar - September 26, 2005
Edward J. Peterson, who joined the firm in April 2005, was sworn in as
a member of the Florida Bar by Chief Bankruptcy Judge Paul M. Glenn on
September 26, 2005. Mr. Peterson is also a member of the Alabama Bar.
Prior to joining the firm, Mr. Peterson was an associate with the
Birmingham, Alabama law firms of Bradley Arant Rose White LLP and Balch
& Bingham LLP. He received his law degree from the University of
Alabama, with high honors, and his undergraduate degree from Kenyon
College.
Stichter,
Riedel Selected as Counsel for Official Committee of Unsecured
Creditors of Skyway Communications Holding Corp. - September 20, 2005
On September 20, 2006, the firm was selected as counsel for the
Official Committee of Unsecured Creditors of Skyway Communications
Holding Corp., a publicly traded company. Skyway filed a chapter 11
case on June 14, 2005. Prior to the Petition Date, Skyway was in the
business of developing a ground?to?air, in flight aircraft
communication network which it expected would facilitate homeland
security and in-flight entertainment. Stichter, Riedel, on behalf of
the Committee, was successful in obtaining the appointment of a chapter
11 trustee who is in the process of liquidating the remaining assets of
Skyway for the benefit of creditors.
Stichter,
Riedel prevails in significant homestead exemption litigation -
September 7, 2005
On September 7, 2005, the United States Bankruptcy Court for the
Southern District of Florida entered an order in the Chapter 7 case of
Abraham D. Gosman upholding Mr. Gosman’s right to claim a
homestead exemption notwithstanding the Trustee’s contention that
the application of Section 522(g) would preclude the exemption claim.
Mr. Gosman’s six-acre homestead site was sold to Donald Trump for
approximately $41.5 million in early 2005, and the net proceeds have
been escrowed. The firm has represented Mr. Gosman since October of
2003.
Stichter,
Riedel selected as co-counsel for the Official Committee of Unsecured
Creditors of Anchor Glass, Inc. - August 26, 2005
The firm was chosen as co-counsel for the Official Committee of
Unsecured Creditors of Anchor Glass, Inc. on August 26, 2005. Anchor
Glass is the third largest manufacturer of glass products in the United
States with scheduled assets and liabilities in excess of $600 million.
Stichter,
Riedel confirms liquidating plan in bankruptcy case filed by the
operator of Leverocks restaurants - August 11, 2005
On August 11, 2005, the Bankruptcy Court for the Middle District of
Florida, Tampa Division entered an order confirming the plan of
reorganization proposed by the Debtor. The firm represented the Debtor
which owned seven seafood restaurants operating under the
Leverock’s name. During the course of the bankruptcy case,
certain assets were sold. The liquidating plan of reorganization
confirmed by the Bankruptcy Court provided for the payment of claims
from the proceeds of prior sales and the funds to be received by the
Reorganized Debtor from liquidation of its remaining assets.
Russ
Blain speaks on panels discussing recent bankruptcy legislation -
August 2005
Russ Blain served on the faculty and steering committee for the first
seminars in Florida on the Bankruptcy Abuse Prevention and Consumer
Protection Act of 2005 (“BAPCPA”) held in Tampa in June
2005 and Miami in August 2005. The program was co-sponsored by the
Business Law Section of the Florida Bar and Stetson University College
of Law. At the Tampa program, Mr. Blain moderated the panel on business
bankruptcy and Chapter 11 issues under BAPCPA.
Stephen R. Leslie awarded
“AV” Rating by Martindale Hubbell - July 2005
Stephen R. Leslie, a shareholder in Stichter, Riedel, received an AV
rating from the Martindale?Hubbell Peer Rating Review System. The AV
rating is the highest rating available and reflects the highest level
of competence and adherence to the highest ethical standards. In
addition to Mr. Leslie, eight other lawyers in Stichter, Riedel have
received an AV rating. The firm has been rated AV continuously since
its formation in 1974.
Stichter,
Riedel successful in contested preference litigation - June 1, 2005
In the Chapter 11 case of Battery Park, Inc., f/k/a Moltech Power
Systems, Inc., the firm brought a number of actions to recover voidable
transfers both through demand letters, negotiation, and litigation. In
several actions, creditors had argued that specialty goods manufactured
exclusively for the Debtor, but not delivered to the Debtor,
constituted new value under §547(c)(4). Agreeing with the Debtor,
the Court entered judgment on June 1, 2005 in favor of the Debtor for
$280,631.00. In re Moltech Power Systems, Inc., 326 B.R. 179
(Bankr.N.D.Fla.2005). In another case, the Bankruptcy Court granted
Debtor’s motion for summary judgment and entered a judgment of
$82,474.00 against a creditor that had unsuccessfully argued the
defense of ordinary course of business under §547(c)(2). In re
Moltech Power Systems, Inc., 326 B.R. 176 (Bankr.N.D.Fla.2005). The
creditor appealed the Bankruptcy Court’s order. Prior to the
briefing period, the creditor agreed to immediately pay 90% of the
judgment amount in settlement of the dispute. The firm filed Chapter 11
petitions for Moltech Power Systems, Inc. n/k/a Battery Park
Industries, Inc. and its parent company, Moltech Power Company n/k/a
Sion Power Corporation. Battery Park has been a leading designer,
researcher, and manufacturer of battery cells.
Russ
Blain speaks at International Law Seminar in Germany - June 2005
Russ Blain served on the faculty of the Fifth Annual International
Bankruptcy Symposium held in Freiburg, Germany, in June 2005. The
faculty comprised lawyers, judges, trustees, and insolvency managers
from Germany and the United States. At the symposium, Mr. Blain
presented a paper and spoke on the topic of court-to-court
communications in insolvency cases, focusing on the Parmalat case as a
case study.
Stichter,
Riedel represents Outback Steakhouse, Inc. in successful acquisition of
designation rights in bankruptcy auction of Chi-Chi’s, Inc.
leases - May 2005
The firm represented Outback Steakhouse in an auction in the Bankruptcy
Court for the District of Delaware to acquire designation rights to
seventy-six restaurant properties which had been formerly operated by
Chi-Chi’s as Mexican restaurants. The Delaware Bankruptcy Court
entered an order approving Outback Steakhouse’s $42.5 million bid
to acquire such designation rights. The firm represented Outback
Steakhouse with respect to its efforts to acquire these designation
rights. Since the entry of the Bankruptcy Court’s order, the firm
has continued to represent Outback Steakhouse with respect to (a) two
sub-designation agreements for portions of those properties and (b)
litigation involving several disputes with landlords and with the owner
of fifteen sale/leaseback properties.
Firm
represents Michael Holley in successful acquisition in Big Oaks Buick
Pontiac GMC, Inc. bankruptcy case - April 2005
The Bankruptcy Court for the Middle District of Florida, Tampa Division
authorized a receiver appointed prior to the filing of the bankruptcy
petition to conduct an auction for a GMC dealership. The firm acted as
bankruptcy counsel for the successful purchaser of that dealership.
Stichter,
Riedel represents Aneco Electrical Construction, Inc. in sale of
divisions to M.C. Dean, Inc. - March 22, 2005
The firm has represented Aneco Electrical Construction, Inc. as a
debtor in possession in its chapter 11 bankruptcy case. At the time of
filing, the Debtor was the largest electrical subcontractor in the
State of Florida. During the bankruptcy case, the Debtor filed a motion
seeking authorization to sell two divisions consisting of the
Debtor’s Tampa and Clearwater operations to M.C. Dean, Inc.
pursuant to §363 of the Bankruptcy Code. On March 22, 2005, the
United States Bankruptcy Court for the Middle District of Florida,
Tampa Division entered an order approving the sale motion. Stichter,
Riedel represented the Debtor in the closing of that sale.
Scott A.
Stichter recognized by HCBA for Outstanding Pro Bono Services - March
15, 2005
Scott A. Stichter, a shareholder in Stichter, Riedel, was awarded the
Hillsborough County Bar Association’s Jimmy Kynes Award on March
15, 2005. The award was created to recognize one Hillsborough County
lawyer in each year for outstanding pro bono services over an extended
period of time.
Stichter,
Riedel represents debtor in sale of 210 bed skilled nursing facility -
December 23, 2004
The firm represented The Alliance Foundation for Housing and Health
Care, Inc. as debtor in possession. The Debtor owned a 210 bed skilled
nursing facility subject to $16 million of secured bond debt. On behalf
of the Debtor, the firm filed motions seeking authorization to sell the
facility at an auction. On December 23, 2004, the Bankruptcy Court for
the Middle District of Florida, Tampa Division entered an order
approving the sale a 210 bed skilled nursing facility for $8,400,000.
The firm represented the Debtor in the closing of that sale.
Stichter,
Riedel confirms plan in Electrical Machinery Enterprise - December 9,
2004
On December 9, 2004, the Bankruptcy Court for the Middle District of
Florida, Tampa Division entered an order confirming the plan of
reorganization filed by the debtor. The firm represented the Debtor,
which was an electrical contractor with extensive operations in the
Southeast United States and the Caribbean. The plan, which was
confirmed in approximately one and one-half years after the filing of
the bankruptcy petition, provided for the merger of the Debtor into a
publicly-traded company.
Stichter,
Riedel obtains the release of vessel arrested on Thanksgiving eve -
November 26, 2004
The firm represented JAM Cruises, Inc. as debtor in possession. The
debtor was the owner of a cruise ship that had been arrested by a
secured creditor on Thanksgiving eve. Emergency motions were filed and
orders freeing the vessel were obtained one day after Thanksgiving.
Stichter,
Riedel confirms plan of reorganization filed by former
light-heavyweight champion of the world - November 11, 2004
On November 11, 2004, the Bankruptcy Court for the Middle District of
Florida, Tampa Division entered an order confirming the plan of
reorganization filed by Antonio Tarver. The Debtor was the
light-heavyweight champion of the world after having defeated Roy
Jones, Jr. eight days after the filing of his bankruptcy petition. The
confirmed plan, among other things, resolved disputes with the
Debtor’s manager who contended an injunction prior to the
bankruptcy filing alleged prevented Tarver from fighting further in
bouts and provided that creditors would be paid in full.
Stichter,
Riedel confirms joint plan of reorganization in bankruptcy cases for
Linc.net and related debtors - November 11, 2004
On November 11, 2004, the Bankruptcy Court for the Southern District of
Florida, Miami Division confirmed the plan of reorganization filed by
the debtors. The firm represented the Debtors which were seventeen
affiliated companies. The Debtors were a “roll-up” of
entities providing construction and other services to the
communications industry with debt in excess of $300 million.
Stichter,
Riedel confirms liquidating plan in Nitram’s bankruptcy case -
October 25, 2004
On October 25, 2004, the Bankruptcy Court for the Middle District of
Florida, Tampa Division entered an order confirming the plan of
reorganization proposed by the Debtor. The firm represented the Debtor
which was an owner and operator of a fertilizer plant. The
Debtor’s assets were sold to two purchasers pursuant to §363
of the Bankruptcy Code. The liquidating plan provided for distributions
to creditors from the sale proceeds.
Don M. Stichter receives initial Douglas P.
McClurg Professionalism Award - June 2004
The Tampa Bay Bankruptcy Bar Associated named Don M. Stichter as the
initial recipient of the Douglas P. McClurg Professionalism Award. This
is the highest award presented by the Association which recognizes a
lawyer for his or her outstanding effectiveness in judicial proceedings
through professionalism, competence, civility, and courtesy to counsel
and parties and highest standards of ethics and efficiency.
Stichter,
Riedel confirms plan in Viasource bankruptcy cases - September 2, 2003
On September 2, 2003, the Bankruptcy Court for the Southern District of
Florida, Ft. Lauderdale Division entered an order confirming the
liquidating plan of reorganization filed by the Debtors. The firm
represented the Debtor and twelve affiliated debtors, a
“roll-up” of companies providing services to the cable,
internet and telecommunications industries. At the time of filing, the
Debtors had revenues of $196 million and liabilities of $93 million.
During the bankruptcy cases, the businesses were sold as going concerns
under §363 of the Bankruptcy Code.
Don M. Stichter recognized as
Outstanding Lawyer in Hillsborough County - June 2002
The Hillsborough County Bar Association selected Don M. Stichter to
receive the Outstanding Lawyer of the Year award in June of 2002. The
Hillsborough County Bar Association’s Outstanding Lawyer Award is
established to recognize an experienced attorney who is recognized by
the public and legal community for serving as a mentor or assisting
others in the practice of law, is recognized as exemplary in the area
of professionalism and in the practice of law in his or her field of
practice, has performed service to the community on a personal level
and has been actively involved in the Hillsborough County Bar
Association.
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