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Stettin v. Rothstein, Emergency Injunction Motion

Stettin v. Rothstein, Emergency Injunction Motion

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Published by: FloridaLegalBlog on Dec 03, 2009
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07/20/2010

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UNITED STATES BANKRUPTCY COURTSOUTHERN DISTRICT OF FLORIDA(FORT LAUDERDALE DIVISION)In re CASE NO. 09-34791-BKC-RBR CHAPTER 11ROTHSTEIN ROSENFELDT ADLER, P.A.,Debtor./HERBERT STETTIN, not individually but as ADV. NO. 09-02478-BKC-RBR-AChapter 11 Trustee of the estate of the Debtor,Rothstein Rosenfeldt Adler, P.A.,Plaintiff,v.SCOTT WALTER ROTHSTEIN; 29 BAHIA, LLC;235 GC, LLC; 350 LOP # 2840, LLC; 353BR, LLC;708 SPANGLER, LLC; 1012 BROWARD, LLC;1198 DIXIE, LLC; 1299 FEDERAL, LLC; 2133 IP,LLC; 10630 # 110, LLC; 15158, LLC; AAMG, LLC;AAMG1, LLC; AAMM HOLDINGS, LLC; ABTINVESTMENTS, LLC; ADVANCED SOLUTIONS,LLC; BAHIA PROPERTY MANAGEMENT, LLC;BOAT ANAGEMENT, LLC; BOSM HOLDINGS,LLC; BOVA PRIME, LLC; BOVA RESTAURANTGROUP, LLC; THE BOVA GROUP, LLC; BOVASMOKE, LLC; BOVCU, LLC; BOVRI, LLC; CI 07,LLC; CI 08, LLC; CI 16, LLC; CI 27, LLC; CSU,LLC; D & D MANAGEMENT & INVESTMENT,LLC; D & S MANAGEMENT AND INVESTMENT,LLC; DJB FINANCIAL HOLDINGS, LLC;DYMMU, LLC; FIFTH COURT FINANCIAL, LLC;FULL CIRCLE FT. LAUDERDALE, LLC; GHW1,LLC; IDNLGEAH, LLC; ILK3, LLC; ISMANAGEMENT, LLC; JUDAH, LLC; NFSERVICING, LLC; NRI 11, LLC; NRI 15, LLC; NSHOLDINGS, LLC; BFHI, LLC; PK ADVENTURES,LLC; PK’S WILD RIDE, LTD; ROTHSTEINFAMILY FOUNDATION, INC.; RRACONSULTING, INC.; RRA GOAL LINEMANAGEMENT, LLC; RRA SPORTS &ENTERTAINMENT, LLC; RSA 11
TH
ST, LLC; RW
Case 09-02478-RBR Doc 2 Filed 12/02/09 Page 1 of 30
 
 
2COLLECTIONS, LLC; S&KEA, LLC; SCORH,LLC; TIPP, LLC; VGS, LLC; THE WALTER FAMILY, LLC; WALTER INDUSTRIES, LLC;WPBRS, LLC; REN GROUP, LLC; CCCN, LLC;TB22N, LLC; TLBN, LLC; UG, LLC; SPACINVESTMENTS, LLC; GBPT, LLC; RET GROUP,LLC; REP GROUP, LLC; REC GROUP, LLC; REVGROUP, LLC; VGSI, LLC; QT, LLC; WAWW,LLC; WAWW 2, LLC; WAWW 3, LLC; WAWW 4,LLC; WAWW 5, LLC; WAWW 6, LLC;WAWW 7, LLC; WAWW 8, LLC; WAWW 9, LLC;WAWW 10, LLC; WAWW 11, LLC; WAWW 12,LLC; WAWW 13, LLC; WAWW 14, LLC; WAWW15, LLC; WAWW 16, LLC; WAWW 17, LLC;WAWW 18, LLC; WAWW 19, LLC; WAWW 20,LLC; WAWW 21, LLC; WAWW 22, LLC; MRISC,LLC; RES GROUP, LLC; JJ FINANCEHOLDINGS, LLC; MLC 350, LLC; and JB BOCAM HOLDINGS, LLC,Defendants./
EMERGENCY MOTION AND SUPPORTING MEMORANDUM OF LAWOF THE PLAINTIFF, CHAPTER 11 TRUSTEE HERBERT STETTIN, FORENTRY OF PRELIMINARY INJUNCTION AND FOR OTHER RELIEFANDREQUEST FOR JUDUCIAL NOTICE[EMERGENCY HEARING REQUESTEDON OR BEFORE DECEMBER 4, 2009]
Herbert Stettin, not individually but as Chapter 11 Trustee for the estate of RothsteinRosenfeldt Adler P.A. (“RRA” or the “Debtor”), files this Emergency Motion For Entry of aPreliminary Injunction and for Other Relief and Request for Judicial Notice, pursuant to Rule 65of the Federal Rules of Civil Procedure, as incorporated into Rule 7065 of the Federal Rules of Bankruptcy Procedure, Section 105(a) of Title 11 of the United States Code (hereinafter the“Bankruptcy Code”) and Fed. R. Evid. 201, and says
Case 09-02478-RBR Doc 2 Filed 12/02/09 Page 2 of 30
 
 
3
 I. PRELIMINARY STATEMENT AND LOCAL RULE 9075-1CERTIFICATION OF BASIS FOR EMERGENCY HEARING
By this Motion, the Trustee seeks the entry of a preliminary injunction with notice to beestablished at a hearing to be scheduled by the Court. In his nine-count Verified AdversaryComplaint for Damages and Other Relief (the “Rothstein Complaint”) filed December 1, 2009,the Trustee is asserting claims against Scott W. Rothstein (“Rothstein”) and his affiliated alter ego business entities (collectively referred to herein as the “Rothstein Entities”) seeking, amongother relief, substantive consolidation of Rothstein and the Rothstein Entities with and into theestate of the Debtor, an alter ego liability determination, for turnover of property of the estate, toavoid and recover fraudulent transfers from RRA to Rothstein and the Rothstein Entities (the“Avoidable Transfers” and for the entry of an order granting preliminary and permanentinjunctive relief. [DE # 1].Specifically, the Adversary Complaint seeks the following relief against Rothstein andthe Rothstein Entities:
Count I - Action Seeking to Substantively Consolidate Non-Debtor Rothstein andthe Non-Debtor Rothstein Entities with and into the Bankruptcy Estate of theDebtor.
Count II – Action to Impose Alter Ego Liability upon Rothstein and the RothsteinEntities for the Debts and Liabilities of the Debtor, and to Pierce the CorporateVeil of the Rothstein Entities for the Benefit of the Debtor.
Count III - Action Requesting the Entry of a Preliminary and PermanentInjunction against Rothstein and the Rothstein Entities as Alter Egos of theDebtor.
Case 09-02478-RBR Doc 2 Filed 12/02/09 Page 3 of 30

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