UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

PALM BEACH DIVISION

www.flsb.uscourts.gov

IN RE: CASE NO.: 19-18585-MAM

Chapter 11

MERIDIAN MARINA & YACHT CLUB

OF PALM CITY, LLC 

Debtor.

 /

MARTIN COUNTY MARINE HOLDINGS LLC’S LIMITED OBJECTION TO

DEBTOR’S MOTION FOR AUTHORIZATION TO SELL ASSETS FREE AND CLEAR

OF LIENS, CLAIMS ENCUMBRANCES AND INTERESTS 

Martin County Marine Holdings., LLC’s, ( “Marine Holdings”) a secured creditor

herein, through undersigned counsel, files this Limited Objection to Debtor Meridian Marina &

Yacht Club of Palm City LLC’s Motion for Authorization to Sell Assets Free and Clear of Liens,

Claims, Encumbrances and Interests and in support thereof states as follows:

1. On June 27, 2019, (the "Petition Date") Meridian Marina & Yacht Club of Palm

City, LLC ( the “Debtor”), filed a voluntary petition under Chapter 11, Title 11 of the United

States Code. 

2. The Debtor is a Florida Limited Liability Company, and is successor by Merger

to the former Debtor In Possession, Martin County Marine Corp., Case No. 12-11819- EPK.

Debtor operates the business known as Martin County Marina. 

3. Martin County Marine Holdings, LLC ( hereinafter referred to as“ Marine

Holdings” or “Secured Creditor”) is a Florida Limited Liability Company with offices in Orange

County Florida. Marine Holdings is a secured creditor by reasons of a note secured by a first

mortgage on all of the Debtor’s real property and an Assignment of Rents which are now

Page 1 of 4

Case 19-18585-MAM Doc 63 Filed 12/26/19 Page 1 of 7
reduced to a Default Final Judgment of Foreclosure dated December 18, 2018 in the amount of 

$4,417, 341.17 which continues to bear interest at the prevailing statutory rate

4. Marine Holdings as the principal secured creditor has no objection to the

sale of the property, and the full payment of its secured claim. However, the Debtor has been

claiming imminent sales from the date of the entry of the Final Judgment of Foreclosure on

December 18, 2018, over a year ago. The sale date was set in the Final Judgment over ninety

(90 ) days later for April 2, 2019 based upon a claim of active sales activity. 

5. The state court then extended the April 2, 2019 foreclosure sale date to July 2,

2019 based upon an executed sale agreement with Winward Marina Group, LLC dated February

21, 2019, which like the most recent proposed sale agreement, was also conditioned upon the

Debtor securing a lease with the GSA . The Debtor has had almost one year to obtain the

surveys and building permits required by the government in order to secure a lease with GSA. 

 6. Unable to consummate the transaction with Winward Marina Group, LLC, the

Debtor filed this chapter 11 proceeding on June 27, 2019, a few days before the extended

foreclosure sale date of July 2, 2019. At the status conference the Debtor assured the bankruptcy

court that the property was desirable, and it had many offers up to $6,000,000.00. 

7. The Debtor has now had another six (6) months to effectuate a sale. Again, no

 action was taken until the bankruptcy court’s deadline was close to an end. 

8. Historically, this Debtor has been unable to actually consummate a sale since

2015 as follows: 

A. On December 6, 2012 Debtor’s predecessor by merger filed a case under

chapter 11, title 11 wherein the Debtor promised to sell the real estate by December 20,

2015.

Page 2 of 4

Case 19-18585-MAM Doc 63 Filed 12/26/19 Page 2 of 7
B. On October 31, 2013 the Debtor executed another note and mortgage in

favor of Marine Holdings which was secured by additional vacate land.

 C. On December 16, 2015 the Debtor modified the note and mortgage in

favor of Marine Holdings which modification matured on December 16, 2016. 

D. The modification agreement allowed another extension until December

16, 2017.

E. The Debtor has been in default under the modification agreement by

failing to make the payment under the modification agreement by June 20, 2017. 

F. On December 18 , 2018 a foreclosure judgment was entered with a sell

date of April 2, 2019.

G. On June 27, 2019 this case was filed. 

F. On September 24, 2019 , the Debtor assured the Court that it had offers to

purchase the property and it would be filing a Motion to Sell the real estate. 

H. The failure of the Debtor to sell indicates the property may well be

losing value and that Marine Holdings equity in the property is disappearing, while

the Debtor continues to operate the property while Accumulating unpaid taxes,

interest and costs. 

9. If the Court is going to approve the proposed sale and allow it to proceed, the

Secured Creditor respectfully requests the Order Approving the Sale Motion contain the

following protections in order to avoid unnecessary delay to the Creditors in this case : 

A. The purchaser should provide proof of funds. The escrow agent should provide

confirmation of escrow held.

B. The period of time for due diligence should be reduced to 30 days. 

C. Since the purchase contract attached is contingent on there being a new lease

with GSA that is satisfactory to the purchaser, the Debtor should be required to provide

evidence that the GSA is still interested in entering into a lease with Debtor, and that

Debtor has the present ability to enter into a new lease with the GSA , i.e, that the surveys

and building permits are complete . 

D. The Debtor should be required to provide the documents requested in the contract

immediately, with a copy to the Secured Creditor. These documents were stated to have been

Page 3 of 4

Case 19-18585-MAM Doc 63 Filed 12/26/19 Page 3 of 7
provided to the prior purchaser in June 2019, so they should already be complete. 

E. The Debtor shall immediately retain a title insurance agent to prepare the

commitment and provide creditor with a copy of the commitment. 

F. The Debtor shall immediately obtain the survey required and provide the Secured

Creditor with a copy of the survey.

G. At the end of the thirty (30) days due diligence if the purchaser has not

terminated the contract, the deposits will be non-refundable and held for the benefit of the

creditors if closing does not occur fifteen (15) days after the end of due diligence. 

H. If the contract does not close then the court should accept the credit bid from the

Secured Creditor, or immediately lift the stay to allow the foreclosure sale to proceed.

11. Finally the Secured Creditor respectfully requests the Order Approving Sale 

require payment of real estate taxes and its Secured Claim at closing. 

WHEREFORE the Debtor respectfully requests an Order conditioning the sale of

Debtor’s Real Property on the terms and conditions set forth in paragraphs 6 and 7 for such

further relief as the Court deems just.

I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by

electronic mail to the Office of the United States Trustee on this 26th day of December , 2019,

and that I am admitted to the Bar of the United States District Court for the Southern District of

Florida and I am in compliance with the additional qualifications to practice in this Court as set

forth in Local Rule 2090-1 (A).

SUSAN D. LASKY, Esquire 

Attorney for Debtor

320 S.E. 18th Street

Fort Lauderdale, FL 33316

(954) 400 7474 

Sue@SueLasky.com

By: /S/ SUSAN D. LASKY 

SUSAN D LASKY, ESQ.

Florida Bar No. 451096

Page 4 of 4

Case 19-18585-MAM Doc 63 Filed 12/26/19 Page 4 of 7
 Label Matrix for local noticing Aspen Environmental Consulting, LLC MRACHEK, FITZGERALD ROSE KONOPKA THOMAS & WE 

 113C-9 2014 SW Oxbow Way 505 S. Flagler Drive 

 Case 19-18585-MAM Palm City, FL 34990-3244 Suite 600 

 Southern District of Florida West Palm Beach, FL 33401-5945 

 West Palm Beach 

 Thu Dec 26 13:39:47 EST 2019 

 Martin County Marine Holdings LLC Martin Downs Property Owners’ Associati Meridian Marina & Yacht Club of Palm City, L 

 c/o Susan D. Lasky c/o Ross Earle Bonan & Ensor, P.A. 1400 SW Chapman Way 

 320 S.E. 18th Street P.O. Box 2401 Palm City, FL 34990-2402 

 Fort Lauderdale, FL 33316-2818 Stuart, FL 34995-2401 

 

 5T Wealth Partners LP ADR Electric Inc Allstate Insurance 

 Department#6200 P.O. Box 665 P.O. Box 4344 

 P.O. Box 830539 Jensen Beach, FL 34958-0665 Carol Stream, IL 60197-4344 

 Birmingham,, AL 35283-0539 

 Aspen Environmental Aspen Environmental Consulting, LLC Bartlett Brothers Security 

 P.O. Box 2753 c/o Jodi Beck 2694 SE Willoughby Blvd 

 Stuart, FL 34995-2753 2014 SW Oxbow Way Stuart, FL 34994-4700 

 Palm City, FL 34990-3244 

 Capital One Bank (USA), N.A. Cassidy Ice Charles Goodman 

 by American InfoSource as agent 3240 SE Dominica Terrace 3022 SW Lake Terrace 

 PO Box 71083 Stuart, FL 34997-5758 Palm City, FL 34990-1927 

 Charlotte, NC 28272-1083 

 Clark Environmental Colonial Life Comcast 

 755 Prairie Industrial Pkwy P.O. Box 1365 P.O. Box 71211 

 Mulberry, FL 33860-6559 Columbia, SC 29202-1365 Charlotte, NC 28272-1211 

 EDC Florida Department of Revenue Florida Power & Light 

 10250 SW Village Parkway, Suite 201 5050 West Tennessee Street General Mail Facility 

 Port Saint Lucie, FL 34987-2362 Tallahassee, FL 32399-0140 Miami, FL 33188-0001 

 Grainger Gunster Industrial Hose and Hydraulics 

 1800 N. Florida Mango Rd 777 South Flagler Drive 2450 N.Powerline Rd 

 West Palm Beach, FL 33409-6486 West Palm Beach, FL 33401-6194 Pompano Beach, FL 33069-1051 

 (p)INTERNAL REVENUE SERVICE Internal Revenue Service Kapp Morrison, LLP 

 CENTRALIZED INSOLVENCY OPERATIONS Central Insolvency Operation 7900 Glades Road Suite 550 

 PO BOX 7346 P.O. Box 7346 Boca Raton, FL 33434-4167 

 PHILADELPHIA PA 19101-7346 Philadelphia, PA 19101-7346 

 Law Office of Robert M. Lewis, LLC MIC Martin County Marine Holdings, LLC 

 P.O. Box 1831 2964 Airway Ave 1206 North Park Avenue 

 Jupiter, FL 33468-1831 Costa Mesa, CA 92626-6018 Winter Park, FL 32789-2542 

Case 19-18585-MAM Doc 63 Filed 12/26/19 Page 5 of 7
 Martin County Property Owner’s Associat Martin County Tax Collector Martin County Utilities 

 C/O Ross Earl Bonan and Ensor PA 3485 SE Willoughby Blvd P.O. Box 9000 

 789 SW Federal Highway Stuart, FL 34994-5062 Stuart, FL 34995-9000 

 Stuart, FL 34994-2962 

 

 Marvin Kennard Meridian Marina & Yacht Club of Palm Ci Mracheck Law 

 4971 SW Lake Grove Circle 2625 W Grandview Rd Suite 150 505 S. Flagler Drive, Suite 600 

 Palm City, FL 34990-8506 Phoenix, AZ 85023-3109 West Palm Beach, FL 33401-5945 

 Office of the US Trustee PI Finance Palmdale Oil Company, Inc. 

 51 S.W. 1st Ave. PO Box 922025 911 N 2nd St 

 Suite 1204 Norcross, GA 30010-2025 Fort Pierce, FL 34950-9121 

 Miami, FL 33130-1614 

 Paul Lane Plastic Pro Progressive Environmental Services Inc. 

 7880 North University Drive DKG Concepts Incorporated 19 National Dr 

 Suite 2000 P.O. Box 2359 Franklin MA 02038-3243 

 Fort Lauderdale, FL 33321-2124 Palm City, FL 34991-7359 

 Robert Jennings, P.A. Robert Sader, P.A. SWS Environmental Services 

 306 S.E. Detroit Ave 224 Commercial Blvd Suite 310 P.O. Box 538498 

 Stuart, FL 34994-2113 Fort Lauderdale, FL 33308-4443 Atlanta, GA 30353-8498 

 Safety Kleen Shaun T. Plymale Shraiberg, Landau, & Page PA 

 2600 North Central Expressway Suite 400 100 SW Albany Avenue 2385 N.W. Executive Center Drive 

 Richardson, TX 75080-2058 Suite 310 Suite 300 

 Stuart, FL 34994-2000 Boca Raton, FL 33431-8530 

 State of Florida - Department of Revenue Sudden Service, Inc Susan Lasky 

 Post Office Box 6668 P.O. Box 903 320 Southeast 18th Street 

 Tallahassee, FL 32314-6668 Louisville, MS 39339-0903 Fort Lauderdale, FL 33316-2818 

 The Zenith Insurance Company Time Payment Corp Treasure Coast Legal 

 21255 Califa St 1600 District Avenue 100 SW Albany Avenue Suite 310 

 Woodland Hills, CA 91367-5021 Suite 200 Stuart, FL 34994-2000 

 Burlington, MA 01803-5233 

 W.W. Grainger, Inc Waste Management of SFlorida William Scotsman 

 401 S Wright Road W4E.C37 P.O. Box 4648 901 S. Bond Street. #600 

 Janesville WI 53546-8729 Carol Stream, IL 60197-4648 Baltimore, MD 21231-3348 

 Zimmer Construction Zimmer Construction Consultants, P.A. m2 Lease Funds LLC 

 129 N.W. 13th St Suite 20 129 NW 13th Street 175 N. Patrick Blvd., Suite 140 

 Boca Raton, FL 33432-1635 Suite 20 Brookfield, WI 53045-5811 

 Boca Raton, FL 33432-1635 

Case 19-18585-MAM Doc 63 Filed 12/26/19 Page 6 of 7
 m2 Lease Funds LLC Craig I Kelley Dana L Kaplan 

 175 North Patrick Boulevard 1665 Palm Beach Lakes Blvd #1000 1665 Palm Beach Lakes Blvd #1000 

 Earth City, MO 63045 West Palm Beach, FL 33401-2109 W Palm Beach, FL 33401-2109 

 

 The preferred mailing address (p) above has been substituted for the following entity/entities as so specified 

 by said entity/entities in a Notice of Address filed pursuant to 11 U.S.C. 342(f) and Fed.R.Bank.P. 2002 (g)(4). 

 Internal Revenue Service (d)Internal Revenue Service (d)Internal Revenue Service 

 Acting US Attorney Atty General United States Dept Justice c/o IRS District Counsel 

 99 NE 4th Street Tenth & Constitution Claude Pepper Federal Bldg 

 Miami, FL 33132 Washington, DC 20530 51 S.W. 1st Ave., 11th Floor 

 Miami, FL 33130 

 

 The following recipients may be/have been bypassed for notice due to an undeliverable (u) or duplicate (d) address. 

 (u)West Palm Beach (d)Martin Downs Property Owners’ Associati (u)See attached 

 c/o Ross Earle Bonan & Ensor, P.A. 

 P.O. Box 2401 

 Stuart, FL 34995-2401 

 End of Label Matrix 

 Mailable recipients 62 

 Bypassed recipients 3 

 Total 65 

Case 19-18585-MAM Doc 63 Filed 12/26/19 Page 7 of 7