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 The article discusses published and unpublished decisions in Florida and the Eleventh Circuit and concludes with a quote from Judge Jenneman's In re Transit Group, Inc. case noting that the law in Florida is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, Reidel, 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.
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, German, 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. |