UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

WEST 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. 

______________________________/

ORDER (I) SETTING HEARING ON CONFIRMATION OF 

PLAN; (II) SETTING HEARING ON FEE APPLICATIONS;

(III) SETTING VARIOUS DEADLINES; AND

(IV) DESCRIBING PLAN PROPONENT'S OBLIGATIONS

CONFIRMATION HEARING AND HEARING ON FEE 

APPLICATIONS

January 5, 2021 at 2:30 p.m.

LOCATION:

United States Bankruptcy Court

1515 N. Flagler Drive, Courtroom A, West Palm Beach, Florida 33401; the hearing will be 

Mindy A. Mora, Judge

United States Bankruptcy Court

_____________________________________________________________________________

ORDERED in the Southern District of Florida on November 10, 2020.

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conducted telephonically and all parties in interest must arrange to appear solely 

telephonically via CourtSolutions (https://www.court-solutions.com/signup). To participate 

through CourtSolutions, you must make a reservation in advance no later than 3:00 p.m., 

one business day before the date of the hearing. Reservations should be arranged online 

at https://www.court-solutions.com/. If a party is unable to register online, a reservation 

may also be made by telephone at (917) 746−7476

PROPONENT'S DEADLINE FOR SERVING THIS ORDER,

DISCLOSURE STATEMENT, PLAN, and BALLOT:

November 26, 2020 (40 days before Confirmation Hearing)

DEADLINE FOR OBJECTIONS TO CLAIMS:

November 26, 2020 (40 days before Confirmation Hearing)

DEADLINE FOR FEE APPLICATIONS:

December 15, 2020 (21 days before Confirmation Hearing)

PROPONENT'S DEADLINE FOR SERVING NOTICE OF FEE APPLICATIONS:

December 22, 2020 (14 days before Confirmation Hearing) 

DEADLINE FOR OBJECTIONS TO CONFIRMATION:

December 22, 2020 (14 days before Confirmation Hearing)

DEADLINE FOR FILING BALLOTS ACCEPTING OR REJECTING PLAN:

December 22, 2020 (14 days before Confirmation Hearing)

PROPONENT'S DEADLINE FOR FILING

PROPONENT'S REPORT AND CONFIRMATION AFFIDAVIT:

December 30, 2020 (three business days before Confirmation Hearing)

DEADLINE FOR INDIVIDUAL DEBTOR TO FILE “CERTIFICATE FOR CONFIRMATION 

REGARDING PAYMENT OF DOMESTIC SUPPORT OBLIGATIONS AND FILING OF 

REQUIRED TAX RETURNS”:

December 30, 2020 (three business days before Confirmation Hearing)

The court conducted a hearing on May 28, 2020 to consider approval of the 

disclosure statement filed by Meridian Marina & Yacht Club of Palm City LLC (the "plan 

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proponent"). The court found that the disclosure statement (as amended, if amendments

were announced by the plan proponent or required by the court at the hearing) contained

"adequate information" regarding the plan in accordance with 11 U.S.C.

§1125(a)(D.E. 117). 

This order sets a hearing to consider confirmation of the plan ("confirmation 

hearing"), a hearing on fee applications and sets forth the deadlines and requirements 

relating to confirmation provided in the Bankruptcy Code, Bankruptcy Rules and Local 

Rules of this court.

1. HEARING TO CONSIDER CONFIRMATION OF PLAN

The court has set a hearing to consider confirmation of the plan for the date and time 

indicated above as "CONFIRMATION HEARING". The confirmation hearing may be

continued to a future date by notice given in open court at the confirmation hearing.

2. DEADLINE FOR FILING AND HEARING ON FEE APPLICATIONS

The last day for filing and serving fee applications is indicated above as "DEADLINE 

FOR FEE APPLICATIONS". All prospective applicants for compensation, including 

attorneys, accountants and other professionals, shall file applications which include actual 

time and costs, plus an estimate of additional time and costs to be incurred through 

confirmation. At or prior to confirmation, applicants must file a supplement with 

documentation supporting the estimated time and costs. Fee applications shall be timely 

filed with the court and served (with all exhibits, including documentation of estimated time) 

on (i) the debtor; (ii) the plan proponent (if other than the debtor); (iii) all committees that 

have been appointed; (iv) any chapter 11 trustee or Examiner that has been appointed; and 

(v) the U.S. Trustee.

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Fee applications will be set for hearing together with the confirmation hearing. The 

plan proponent shall serve notice of all fee applications pursuant to paragraph 6 below. 

The plan proponent shall file a certificate of service as required under Local Rule 2002-

1(F).

3. DEADLINE FOR OBJECTIONS TO CONFIRMATION

The last day for filing and serving objections to confirmation of the plan is indicated 

above as "DEADLINE FOR OBJECTIONS TO CONFIRMATION". Objections to 

confirmation shall be filed with the court and served on (i) the debtor; (ii) the plan proponent 

(if other than the debtor); (iii) all committees that have been appointed; (iv) any chapter 11 

trustee or examiner that has been appointed; and (v) the U.S. Trustee.

4. DEADLINE FOR FILING BALLOTS ACCEPTING OR REJECTING PLAN

The last day for filing a ballot accepting or rejecting the plan is indicated above as 

"DEADLINE FOR FILING BALLOTS ACCEPTING OR REJECTING PLAN". All parties 

entitled to vote should receive a ballot from the plan proponent by U.S. Mail pursuant to 

paragraph 6(A) of this order. If you receive a ballot but your entire claim has been objected 

to, you will not have the right to vote until the objection is resolved, unless you request an 

order under Bankruptcy Rule 3018(a) temporarily allowing your claim for voting purposes.

5. DEADLINE FOR OBJECTIONS TO CLAIMS

The last day for filing and serving objections to claims is indicated above as 

"DEADLINE FOR OBJECTIONS TO CLAIMS". All objections to claims must be filed 

before this date unless the deadline is extended by further order.

6. PLAN PROPONENT'S OBLIGATIONS

(A) On or before the date indicated above as "PROPONENT'S DEADLINE FOR 

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SERVING THIS ORDER, DISCLOSURE STATEMENT, PLAN, AND BALLOT" the plan 

proponent shall serve a copy of this order, the approved disclosure statement (with all 

amendments, if amendments were announced by the plan proponent or required by the 

court at the disclosure hearing), and the plan on all creditors, all equity security holders, 

and all other parties in interest, as required by the Bankruptcy Rules (including those 

entities as described in Bankruptcy Rule 3017(f)) and the Local Rules, including those listed 

on a “Master Service List” required to be filed pursuant to Local Rules 2002-1(H). At the 

time of serving this order, the Local Form “Ballot and Deadline for Filing Ballot Accepting 

or Rejecting Plan”, customized as required by Local Rule 3018-1 shall be served via U.S. 

Mail on all creditors and equity security holders entitled to vote on the plan. The plan 

proponent shall file a certificate of service as required under Local Rule 2002-1(F).

(B) On or before the date indicated above as "PROPONENT'S DEADLINE FOR 

SERVING NOTICE OF FEE APPLICATIONS”, the plan proponent shall serve a notice of 

hearing of all fee applications, identifying each applicant and the amounts requested. The 

notice shall be served on all creditors, all equity security holders, and all other parties in 

interest as required by the Bankruptcy and Local Rules, including those listed on a “Master 

Service List” required to be filed pursuant to Local Rules 2002-1(H). The plan proponent 

shall file a certificate of service as required under Local Rule 2002-1(F).

(C) On or before 5:00 p.m. on the date indicated above as “PROPONENT'S 

DEADLINE FOR FILING PROPONENT'S REPORT AND CONFIRMATION AFFIDAVIT”, 

the plan proponent shall file with the court the Local Form “Certificate of Proponent of Plan 

on Acceptance of Plan, Report on Amount to be Deposited, Certificate of Amount 

Deposited and Payment of Fees,” and the Local Form “Confirmation Affidavit”. The 

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“Confirmation Affidavit” shall set forth the facts upon which the plan proponent relies to 

establish that each of the requirements of 11 U.S.C. §1129 are satisfied. The 

“Confirmation Affidavit” should be prepared so that by reading it, the court can easily 

understand the significant terms of the plan and other material facts relating to confirmation 

of the plan. The individual executing the “Confirmation Affidavit” shall be present at the 

confirmation hearing.

If the plan proponent does not timely comply with any of the requirements of this 

order, the court may impose sanctions at the confirmation hearing without further notice 

including dismissal, conversion of the case to chapter 7, or the striking of the plan. The 

court will also consider dismissal or conversion at the confirmation hearing at the request 

of any party or on the court's own motion.

7. [If debtor is an individual] the debtor shall file, on or before the date indicated 

above, the Local Form “Certificate for Confirmation Regarding Payment of Domestic 

Support Obligations and Filing of Required Tax Returns”.

### 

Submitted by:

Craig Kelley, Esquire

KELLEY, FULTON & KAPLAN, P.L.

1665 Palm Beach Lakes Blvd.

Suite 1000

West Palm Beach, FL 33401

Tel. No. (561) 491-1200

Fax No. (561) 684-3773

e-mail: bankruptcy@kelleylawoffice.com

Copies furnished to:

Craig Kelley, Esq., is directed to serve copies of this order on the parties listed on the 

attached mail list and file a Certificate of Service.

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