In re 160 Royal Palm, LLC

600 B.R. 119
CourtDistrict Court, S.D. Florida
DecidedApril 10, 2019
DocketCASE NO. 9:19-cv-80343-ROSENBERG; CASE NO. 9:19-cv-80351-ROSENBERG; CASE NO. 9:19-cv-80363-ROSENBERG
StatusPublished
Cited by3 cases

This text of 600 B.R. 119 (In re 160 Royal Palm, LLC) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re 160 Royal Palm, LLC, 600 B.R. 119 (S.D. Fla. 2019).

Opinion

ROBIN L. ROSENBERG, UNITED STATES DISTRICT JUDGE

THIS MATTER is before the Court on Appellant KK-PB Financial LLC's ("Appellant") appeal of three separate orders from the Bankruptcy Court below. See Case No. 9:19-cv-80343, DE 1; Case No. 9:19-cv-80351, DE 1; Case No. 9:19-cv-80363, DE 1.

*122I. PROCEDURAL BACKGROUND

Appellant filed four bankruptcy appeals between March 12, 2019 and March 15, 2019, all of which arise out of the same bankruptcy proceeding, S.D. Fla. Bankruptcy Case No. 18-19441-BKC-EPK. These appeals were initially assigned to three different District Court judges, but they have all since been transferred to the undersigned, pursuant to Local Rule 3.8 and Section 2.15.00 of the Court's Internal Operating Procedures based on the lower-numbered case, 19-80342-RLR. See Case No. 9:19-cv-80342, DE 3; Case No. 9:19-cv-80343, DE 7; Case No. 9:19-cv-80351, DE 10; Case No. 9:19-cv-80363, DE 5. The orders on appeal are as follows:

District Bankruptcy Order Title Bankruptcy Abbreviated Court Case Docket Title Number Entry 9:19-cv-80342 Order Estimating the Claim of KK-PB 603 "Estimation Financial, LLC and Denying Ability to Credit Order" Bid 9:19-cv-80343 Order (I) Granting Expedited Motion Seeking 619 "Private Sale Approval of Procedures for Amended Sale Procedures Process and (II) Scheduling Final Hearing to Order" Consider Approval of Sale of Assets Free and Clear of Liens, Claims and Encumbrances 9:19-cv-80351 Order Approving Sale of Assets to LR U.S. 651 "Sale Order" Hotels Holding, LLC Free and Clear of All Liens, Claims, and Encumbrances 9:19-cv-80363 Order Denying Motion to Stay Orders Pending 668 "Deny Stay Appeal Order"

On March 13, Appellant moved to stay the Bankruptcy Court's Sale Order, pending appeal. Case No. 19-cv-80351, Appellant's Mot. to Stay, DE 6. Appellant supplemented its Motion the same day. See Case No. 19-cv-80351, DE 9. On March 14, this Court denied the Emergency Motion to Stay. Order, Case No. 19-cv-80351, DE 13. Appellant immediately appealed to the Court of Appeals for the Eleventh Circuit. See Case No. 19-cv-80351, DE 14. The Bankruptcy Court also denied the Motion to Stay filed in that court on March 14. See Deny Stay Order, Bankr. DE 668. On appeal from this Court, the Eleventh Circuit denied Appellant's Emergency Motion to Stay a few days later, on March 18. See Court of Appeals Case No. 19-10962-F.

Appellant next requested expedited briefing in three of its four appeals. See Case No. 9:19-cv-80342, DE 7-2; Case No. 9:19-cv-80343, DE 9-2; Case No. 9:19-cv-80351, DE 16-2. Appellee joined in requesting the expedited briefing of the appeal of the Sale Order and provided the Court with a recommended briefing schedule. See Case No. 19-80351, DE 18. Appellant filed a reply to put forth its own briefing schedule. See Case No. 19-80351. DE 19. The Court considered these requests and expedited the briefing on the appeals of the *123Private Sale Procedures Order, the Sale Order, and the Deny Stay Order.1 See Omnibus Order, Case No. 19-80351, DE 20. The Court acknowledged in its Order that although the expedited briefing schedule would be "strenuous," it would benefit both parties. Id. at 2. The Court also consolidated the appeals of the Private Sale Procedures Order, the Sale Order, and the Deny Stay Order, because "they involve inextricably intertwined questions of law and fact." Id. at 2. As part of the consolidation of these appeals, the Court ordered the parties to make all future filings in Case No. 19-cv-80351.2 Id. at 3. This Order therefore addresses only the Private Sale Procedures Order, the Sale Order, and the Deny Stay Order. The Estimation Order appeal has not yet been briefed.

In addition to providing the parties with an expedited briefing schedule, the Court scheduled oral argument on the three appeals, as requested by Appellant. See Appellant's Reply, DE 19, 4; Order Setting Hearing, DE 22; see also Order Regarding Hearing, DE 32.

Following the Court's briefing schedule, Appellant filed its Designation of the Record and Statement of Issues on March 22. DE 21. Appellee filed its own Designation of the Record and Statement of Issues on March 27. DE 23. Appellant timely filed its initial brief on March 29, see DE 30, and Appellee filed its response brief a day ahead of schedule on April 4, see DE 33. The Court then heard oral arguments on the appeals on April 5,3 and Appellant filed its Reply brief on April 8. See DE 34; DE 35.

The Court has considered the parties' briefing outlined above, the parties' oral arguments, the record, and is otherwise fully advised in the premises. For all of the reasons set forth below, the Court AFFIRMS the Bankruptcy Court's Private Sale Procedures Order, Sale Order, and Deny Stay Order.

II. FACTS 4

The three appeals addressed by this Order arise out of the voluntary bankruptcy of the Debtor-Appellee, 160 Royal Palm LLC (hereinafter, "Debtor"). See Bankr. DE 1. The Debtor owns the Palm House Hotel (the "Hotel"), which is a "partially-constructed hotel/condominium" located in Palm Beach, Florida. Appellant's App'x, A0071.5 The Hotel has a "tortured history ... No owner has been able to complete the project. It sits dormant and neglected." Estimation Order, Bankr. DE 603. Appellant, KK-PB Financial, LLC ("KKPB") is a creditor of Debtor and is wholly owned and controlled by Glenn Straub, an area developer and former owner the Hotel. A0478-79. Appellant is a creditor by virtue of Claim 72-1, which was originally held by New Haven Contracting South, Inc. Id. Appellant also filed its own claim, Claim 70-3. Id. However, the 70-3 Claim was disallowed by the Bankruptcy *124Court and is subject to a separate appeal. See Bankr. DE 603; Case No. 19-cv-80342.

Debtor voluntarily filed for bankruptcy on August 2, 2019. A001-A0070. Beginning in October of that year, Debtor began to market the property for sale. See A0071. These marketing efforts included the retention of Cushman & Wakefield U.S., Inc., as the Debtor's exclusive real estate broker to "facilitate the sale of the Real Property and to seek and solicit potential purchasers." See Application to Employ Cushman & Wakefield, Bankr. DE 19; see also Order Approving Employment of Cushman & Wakefield, Debtor's App'x, DA001.6

On October 1, 2018, Debtor sought approval to sell the Hotel through a public auction, with a stalking horse bidder, RREF II Palm House LLC. See Mot. to Approve Procedures, A0071. The stalking horse bid was for thirty-two million dollars. See id. The Bankruptcy Court granted Debtor's Motion and approved of the procedures on October 16, 2018. Bankr. Order, A0203 (amended at A0216, A0231, A0235, and A0237).

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600 B.R. 119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-160-royal-palm-llc-flsd-2019.