Weyer v. Levine (In Re Dot MD, LLC)

Eleventh Circuit

Weyer v. Levine (In Re Dot MD, LLC)

145 F. App'x 326, 335 B.R. 326

CourtCourt of Appeals for the Eleventh Circuit

DecidedAugust 12, 2005

Docket04-13367

StatusUnpublished

Cited by1 cases

This text of 145 F. App'x 326 (Weyer v. Levine (In Re Dot MD, LLC)) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Weyer v. Levine (In Re Dot MD, LLC), 145 F. App'x 326, 335 B.R. 326 (11th Cir. 2005).

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Opinion

PER CURIAM.

Frank M. Weyer, a creditor of Dot MD, LLC, appeals the district court’s affir-mance of the bankruptcy court’s grant of summary judgment in favor of Morton P. Levine, the bankruptcy trustee. The bankruptcy court determined that Weyer’s judgment lien did not attach to proceeds of a settlement agreement between the Trustee and MoldData. In re DotMD, LLC, 303 B.R. 519 (Bankr.N.D.Ga.2003). Because the proceeds from MoldData’s agreement with the trustee were not from the sale of assets that Dot MD properly or presently held, but represented a settlement — at least in part — of disputed contractual claims, we conclude that the bankruptcy court did not err in determining that the creditor’s judgment did not attach to the proceeds. See O.C.G.A. § 44-12-20; Prodigy Centers/Atlanta v. T-C Assocs., 269 Ga. 522, 501 S.E.2d 209, 211 n. 3 (1998).

AFFIRMED.

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PER CURIAM.

Frank M. Weyer, a creditor of Dot MD, LLC, appeals the district court’s affir-mance of the bankruptcy court’s grant of summary judgment in favor of Morton P. Levine, the bankruptcy trustee. The bankruptcy court determined that Weyer’s judgment lien did not attach to proceeds of a settlement agreement between the Trustee and MoldData. In re DotMD, LLC, 303 B.R. 519 (Bankr.N.D.Ga.2003). Because the proceeds from MoldData’s agreement with the trustee were not from the sale of assets that Dot MD properly or presently held, but represented a settlement — at least in part — of disputed contractual claims, we conclude that the bankruptcy court did not err in determining that the creditor’s judgment did not attach to the proceeds. See O.C.G.A. § 44-12-20; Prodigy Centers/Atlanta v. T-C Assocs., 269 Ga. 522, 501 S.E.2d 209, 211 n. 3 (1998).

AFFIRMED.

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Bluebook (online)

145 F. App'x 326, 335 B.R. 326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weyer-v-levine-in-re-dot-md-llc-ca11-2005.

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