Supertrail Manufacturing Co. v. Pacific Investments, Inc. (In re Supertrail Manufacturing Co.)

276 B.R. 136, 2000 Bankr. LEXIS 1946
CourtUnited States Bankruptcy Court, N.D. Mississippi
DecidedDecember 29, 2000
DocketBankruptcy No. 96-20040; Adversary No. 97-2059
StatusPublished

This text of 276 B.R. 136 (Supertrail Manufacturing Co. v. Pacific Investments, Inc. (In re Supertrail Manufacturing Co.)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, N.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Supertrail Manufacturing Co. v. Pacific Investments, Inc. (In re Supertrail Manufacturing Co.), 276 B.R. 136, 2000 Bankr. LEXIS 1946 (Miss. 2000).

Opinion

OPINION

On consideration before the court is a complaint filed by the plaintiff, Supertrail Manufacturing Co., Inc., (Supertrail); answer and affirmative defenses having been filed by the defendant, Heights, Inc., (Heights); on proof in open court; and the court, having heard and considered same, hereby finds as follows, to-wit:

I.

The court has jurisdiction of the parties to and the subject matter of this proceeding pursuant to 28 U.S.C. § 1384 and 28 U.S.C. § 157. This is a core proceeding as defined in 28 U.S.C. § 157(b)(2)(A), (E), and (H).

II.

In the pretrial order, Supertrail presented its concise summary of the ultimate facts as follows:

Title to real property, owned by the plaintiffs predecessor in interest was fraudulently transferred to the defendant. Prior to the defendant’s disbursement of all of the purchase price (for the real estate) and prior to the defendant’s disbursement of other funds regarding the real estate, the plaintiff notified the defendant of its claims. Despite the notice, the defendant continued to expend significant sums of money for the purchase price of the real estate. Additionally, a mortgage held by the plaintiff was released in connection with the sale of the real estate for no consideration.

Heights presented its concise summary of the ultimate facts as follows:

Heights is the record title holder and owner of the five (5) lots in Palm Beach County, Florida. Such property is more particularly described as follows: Lots 178, 190, 251, 252 and 253, all in Plat No. 1, STONEWAL ESTATES, P.U.D., according to the Plat thereof recorded in Plat Book 47, Page 12, Public Records of Palm Beach County, Florida.

Estates Holdings, Inc. (the former name of Iris, which Supertrail alleges to be a predecessor in interest) actually conveyed the five lots by Warranty Deed to Yvonne E. Campbell on March 1, 1992. Yvonne E. Campbell conveyed the lots to Pacific Investment Company on October 25,1994. Pacific Investment Company conveyed the lots to Heights on February 16,1995.

Norske obtained its mortgage on the five lots on August 9, 1988. A. J., Inc., a Maryland corporation, became the as-signee from Norske of the aforesaid mortgage on June 9, 1993. On October 25, 1994, A.J., Inc., executed the partial releases of its mortgage on those five lots.

On December 2, 1994, Iris, Norske, Yvonne E. Campbell and A.J., Inc., entered into a mortgage modification agreement and a confirmation and subordination agreement whereby it was expressly agreed that the terms and provisions of the Norske mortgage and note, the assignment of same to A.J. Inc., the deed from Iris to Yvonne E. Campbell, the deed from Yvonne E. Campbell to Pacific Investment Company, and the release by A.J., Inc., of the Norske mortgage on the five lots was ratified, confirmed, and agreed to be in full force and effect by Iris and Norske; the agreements were entered into in consideration of those parties entering into the Iris Settlement Agreement. The Iris Settlement Agreement was the subject of Supertrail’s motion for approval submitted to this Court on May 17, 1996. The motion to approve the Iris Settle[138]*138ment Agreement was granted by this Court on July 8,1996.

Dr. Mustafa Atac is represented by Supertrail’s Florida counsel, and previously filed a civil action against Pacific Investment Company and Heights, seeking to establish his alleged ownership of the five lots in Case No. CL95-166DAE in the Circuit Court of the Fifteenth Judicial District in and for Palm Beach County, Florida. The Supertrail adversary complaint alleges that conveyances to Pacific Investments, Inc., and Heights were in breach of an agreement in favor of Atac. In fact, no such agreement has been produced in discovery. On May 7, 1997, Atac filed a voluntary dismissal of claims against Heights, and filed a notice of release of lis pendens against the five lots.

Supertrail has not alleged that the conveyance of the lots to Yvonne Campbell or the assignment of the mortgage to A.J., Inc., were fraudulent conveyances. Supertrail had no legal interest in the lots when they were conveyed to Pacific Investment Company or subsequently to Heights. Supertrail has no standing to complain about the alleged breach of any agreement in favor of Atac, who has previously dismissed his alleged claim against Heights.

Heights is the owner of the lots. In the alternative, pursuant to 11 U.S.C. § 550(e), Heights is a good faith transferee entitled to a lien on the five lots in order to secure the cost to Heights of improvements made and any increases in the value of the lots, and for payments for purchase of the lots and payments of taxes, dues, license fees, and litigation fees and expenses. Heights was a remote transferee that paid good value and in good faith for the five lots, having made payments to Pacific Investment Company for purchase of the lots, to the Palm Beach County for taxes and license fees, for dues to Estates Property Owners, and for litigation fees, and expenses in defense of the lawsuit filed by Dr. Atac regarding disputed claims of ownership to the five lots.

In the pretrial order, the parties stipulated to the following facts:

a. Supertrail was a corporation organized and existing under and by virtue of the laws of the State of Mississippi. Su-pertrail is the debtor-in-possession in case number 96-20040 that is presently pending before this Honorable Court.

b. Heights is a corporation organized and existing under and by virtue of the laws of the State of Idaho.

c. This Court has jurisdiction of Heights’ adversary proceeding pursuant to the provisions of 28 U.S.C. § 157 and 1334, and 11 U.S.C. § 548 and 550.

d. The debtor Supertrail commenced this bankruptcy case by filing a voluntary petition under Chapter 11 of the Bankruptcy Code on or about January 4, 1996. No plan of reorganization has been confirmed.

e. Supertrail filed an adversary complaint against Pacific Investments, Inc., (hereinafter “Pacific”) and Heights on or about March 25,1997.

f. The adversary complaint alleges a connection or relationship between Super-trail and Dr. Mustafa Atac, and that conveyances of lots to Pacific and subsequently to Heights, were in breach of an agreement in favor of Dr. Mustafa Atac. No such agreement has been produced.

g. Heights is the record title holder and owner of the five (5) lots in Palm Beach County, Florida. Such property is more particularly described as follows:

Lots 178, 190, 251, 252 and 253, all in Plat No. 1, STONEWAL ESTATES, [139]*139P.U.D., according to the Plat thereof recorded in Plat Book 47, Page 12, Public Records of Palm Beach County, Florida.

h. Estates Holdings, Inc. (the former name of Iris, which Supertrail alleges to be a predecessor in interest) actually conveyed the five lots by Warranty Deed to Yvonne E.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

§ 1384
28 U.S.C. § 1384
Procedures
28 U.S.C. § 157

Cite This Page — Counsel Stack

Bluebook (online)
276 B.R. 136, 2000 Bankr. LEXIS 1946, Counsel Stack Legal Research, https://law.counselstack.com/opinion/supertrail-manufacturing-co-v-pacific-investments-inc-in-re-supertrail-msnb-2000.