Auto Wholesale of Boca, LLC
7
Erik P. Kimball
07/22/2022
07/30/2025
Yes
v
| CONVERTED, FUNDS, INTP |
Assigned to: Erik P. Kimball Chapter 7 Previous chapter 11 Original chapter 11 Voluntary Asset |
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Debtor Auto Wholesale of Boca, LLC
6560 West Rogers Circle, Suite B-27 Boca Raton, FL 33487 PALM BEACH-FL Tax ID / EIN: 46-1035162 |
represented by |
Jonathan S. Feldman
Phang & Feldman, P.A. 2 South Biscayne Blvd., Ste. 1600 One Biscayne Tower Miami, FL 33131 305-614-1223 Fax : 305-614-1187 Email: feldman@katiephang.com TERMINATED: 05/19/2023 Catherine Holly Yach Gleason
912 NW 56th Terr., Ste. A Gainesville, FL 32615 352-331-4922 Fax : 352-331-4996 Email: ktgleasonlegal@gmail.com Michael S Hoffman
100 SE 3rd Ave., Ste. 10th Floor Fort Lauderdale, FL 33394 954-372-5759 Email: mhoffman@lessnehoffman.law James B Miller
19 W Flagler St #416 Miami, FL 33130 (305) 374-0200 Fax : (305) 374-0250 Email: bkcmiami@gmail.com TERMINATED: 05/19/2023 |
Trustee Linda Marie Leali
2525 Ponce De Leon Blvd., Suite 300 Coral Gables, FL 33134 954-271-0009 TERMINATED: 05/01/2023 |
represented by |
Linda Marie Leali
2525 Ponce De Leon Blvd., Suite 300 Coral Gables, FL 33134 954-271-0009 Fax : 786-294-6671 Email: trustee@lealilaw.com |
Trustee Chad S. Paiva
6526 S. Kanner Highway, #376 Stuart, FL 34997 561-762-4118 TERMINATED: 05/02/2023 |
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Trustee Michael R. Bakst
P. O. Box 407 West Palm Beach, FL 33402 561-838-4539 |
represented by |
Michael R Bakst
P. O. Box 407 West Palm Beach, FL 33402 561-838-4539 Fax : 561-514-3423 Email: efilemrb@gmlaw.com Michael R. Bakst, Esq.
525 Okeechobee Boulevard #900 West Palm Beach, FL 33401 561.838.4523 Fax : 561.514.3423 Email: efileu1094@gmlaw.com Rilyn A Carnahan, Esq.
Greenspoon Marder, P.A. CityPlace Tower 525 Okeechobee Boulevard #900 W Palm Beach, FL 33401 (561) 838-4557 Fax : 561.514.3457 Email: rilyn.carnahan@gmlaw.com |
U.S. Trustee Office of the US Trustee
51 S.W. 1st Ave. Suite 1204 Miami, FL 33130 (305) 536-7285 |
represented by |
Heidi A Feinman
Office of the US Trustee 51 SW 1 Ave #1204 Miami, FL 33130 (305) 536-7285 Fax : (305) 536-7360 Email: Heidi.A.Feinman@usdoj.gov |
| Date Filed | # | Docket Text |
|---|---|---|
| 07/30/2025 | 947 | Certificate of Service by Attorney Patrick R Dorsey (Re: [945] Notice of Hearing). (Dorsey, Patrick) |
| 07/29/2025 | 946 | Certificate of Service of Court Order Filed by Creditors FVP Investments, LLC, FVP Opportunity Fund III, LP, FVP Servicing, LLC (Re: [944] Order on Motion To Reconsider). (Attachments: # (1) Exhibit [ECF. 944] Order (A) Granting on Motion To Reconsider (Re: # [943]) and (B) Vacating in Part [941] Amended Order Denying Motion For Disqualification, Motion to Enforce Sale Order, and Motion to Substitute Parties) (Breslin, Jerrell) |
| 07/28/2025 | 945 | Notice of Hearing (Re: [931] Expedited Motion to Enforce Sale Order and to Order Distribution of Auction Proceeds to Counsel for the FVP Parties - Joint Motion Filed by Creditor Franklin Capital Funding, LLC) Hearing scheduled for 08/13/2025 at 11:00 AM Flagler Waterview Building, 1515 N Flagler Dr Room 801 Courtroom B, West Palm Beach, FL, 33401. (Leonard, Dawn) |
| 07/28/2025 | 944 | Order (A) Granting on Motion To Reconsider (Re: # [943]) and (B) Vacating in Part [941] Amended Order Denying Motion For Disqualification, Motion to Enforce Sale Order, and Motion to Substitute Parties. (Leonard, Dawn) |
| 07/25/2025 | 943 | Motion to Reconsider (Re: [941] Amended Order) Filed by Creditors FVP Investments, LLC, FVP Opportunity Fund III, LP, FVP Servicing, LLC (Attachments: # (1) Exhibit Exhibit A March 20 2025 Assignment # (2) Exhibit Exhibit B April 24 2025 Assignment # (3) Exhibit Exhibit C Notice of Appearance) (Breslin, Jerrell) |
| 07/25/2025 | 942 | Certificate of Service by Attorney Patrick R Dorsey (Re: [940] Order Denying Relief (TEXT ONLY)). (Dorsey, Patrick) |
| 07/25/2025 | 941 | Amended Order Denying (Re: [925] Motion for Removal of Professional filed by Interested Party Avrumi Lubin, [931] Motion to Enforce Sale Order filed by Creditor Franklin Capital Funding, LLC, and [938] Motion to Substitute Parties filed by Interested Party Avrumi Lubin). (Leonard, Dawn) |
| 07/24/2025 | 940 | Order Denying [925] Motion For Removal of Professional filed by Interested Party Avrumi Lubin, [931] Expedited Motion to Enforce Sale Order and to Order Distribution of Auction Proceeds to Counsel for the FVP Parties - Joint Motion filed by Creditor Franklin Capital Funding, LLC, [938] Motion EXPEDITED MOTION TO SUBSTITUTE AVRUMI LUBIN FOR HI BAR CAPITAL, LLC AS A PARTY IN INTEREST PURSUANT TO FEDERAL RULES OF BANKRUPTCY PROCEDURE 7025 and 9014 filed by Interested Party Avrumi Lubin. This is a fully administered chapter 7 case that should have been closed long ago. As set out more fully in the Courts Order to Show Cause [ECF No. 911], about 18 months ago the Court permitted certain funds to be placed in the registry of the Court. As more fully explained in the Order to Show Cause, this bankruptcy estate has no interest at all in such funds. The Court has no subject matter jurisdiction over any disputes relating to such funds. In the Order to Show Cause, the Court directed that any parties claiming a lien on or interest in the registry funds must attend the hearing set in the Order to Show Cause and tender an agreed proposed order directing release of the registry funds or else the Court will order that such funds escheat to the Treasury of the United States, among other relief. From recently filed documents, it appears that all parties who may claim a lien on or interest in the registry funds are involved in litigation elsewhere that may determine their relative rights. The Court does not have subject matter jurisdiction to determine, and the Court does not intend to determine, in any regard, whether any party claiming a lien on or interest in the registry funds has any such right. After entry of the Order to Show Cause, Mr. Avrumi Lubin filed a motion seeking to disqualify The Leto Law Firm and Matthew Leto, Esq. from representing Hi Bar Capital, LLC in this bankruptcy case [ECF No. 925]. Mr. Lubins motion to disqualify seeks, among other things, a finding that he may present a claim to the registry funds. Given the fact that this Court will make no substantive determination with regard to the right of any party to the registry funds, and the administrative nature of the task necessary to comply with the Order to Show Cause, it is not necessary or appropriate for the Court to rule on Mr. Lubins motion to disqualify Mr. Leto and his firm. That matter is more appropriately addressed in the action where the parties substantive rights are being litigated. The Motion to Disqualify [ECF No. 925] is DENIED without prejudice to presentation of a similar motion in any other court of competent jurisdiction. Franklin Capital Funding, LLC, Franklin Capital Group, LLC, Franklin Capital Management, LLC, FVP Opportunity Fund III, LP, FVP Investments, LLC, FVP Servicing, LLC, and Hi Bar Capital, LLC filed a motion asking the Court to release the registry funds to Schwartz Breslin PLLC who act as counsel to certain of these entities [ECF No. 931]. This motion explicitly seeks a ruling that only certain entities are entitled to claim an interest in the registry funds. Contrary to the movants suggestion, the Courts order approving the auction sale [ECF No. 694] is not dispositive. Again, the Court lacks subject matter jurisdiction to address the substantive disputes between the parties. The Motion [ECF No. 931] is DENIED. Finally, Mr. Lubin filed a motion asking the Court to substitute him for Hi Bar Capital, LLC in this bankruptcy case pursuant to Fed. R. Civ. P. 25(c) made applicable here by Fed. R. Bankr. P. 9014(c)(1) [ECF No. 938]. In that motion, Mr. Lubin asks the Court to determine that he, rather than Hi Bar Capital, LLC, has the right to present a claim relating to the registry funds. Again, this Court lacks subject matter jurisdiction to determine any issue relating to the rights of any person or entity who claims an interest in the registry funds. In addition, under the circumstances of this case, the Court declines to exercise its discretion under Rule 25(c). Mr. Lubins Motion [ECF No. 938] is DENIED. Hearings set on ECF Nos. 925 and 931 are CANCELED. Under the circumstances of this fully administered chapter 7 case, the Court should not be required to expend any additional judicial resources to address matters over which it lacks subject matter jurisdiction. Consistent with the Courts direction in the Order to Show Cause [ECF No. 911], the parties are strongly encouraged to reach agreement on the terms of an appropriate proposed order directing release of the registry funds to an escrow agent or the registry of another court. Movant is directed to serve copies of this text-only order upon required parties and file a certificate of service with the court pursuant to Local Rule 2002-1(F). SO ORDERED by Judge Erik P Kimball. (**This is a text-only order with no underlying PDF image entered pursuant to Local Rule 5005-4(F) and Local Rule 9021-1(A)**). (Kimball, Erik) |
| 07/24/2025 | 939 | Order Striking [935] Request for Production of Documents filed by Interested Party Avrumi Lubin, [936] Request for Production of Documents filed by Interested Party Avrumi Lubin, [937] Request for Production of Documents filed by Interested Party Avrumi Lubin. The foregoing documents were filed in the docket in violation of Local Rule 7026-1(C). David W. Langley, Esq. is directed to serve copies of this text-only order upon required parties and file a certificate of service with the court pursuant to Local Rule 2002-1(F). SO ORDERED by Judge Erik P Kimball. (**This is a text-only order with no underlying PDF image entered pursuant to Local Rule 5005-4(F) and Local Rule 9021-1(A)**). (Kimball, Erik) |
| 07/24/2025 | 938 | Motion EXPEDITED MOTION TO SUBSTITUTE AVRUMI LUBIN FOR HI BAR CAPITAL, LLC AS A PARTY IN INTEREST PURSUANT TO FEDERAL RULES OF BANKRUPTCY PROCEDURE 7025 and 9014 Filed by Interested Party Avrumi Lubin (Langley, David) |