UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

www.flsb.uscourts.gov

IN RE: CASE NO.: 19-17544 RBR

Chapter 11

SEVEN STARS ON THE HUDSON

CORP

Debtor.

_________________________________/

WELLS FARGO BANK, NATIONAL ASSOCIATION’S RESPONSE TO THE 

DEBTOR’S MOTION FOR AUTHORIZATION TO USE CASH COLLATERAL

WELLS FARGO BANK, NATIONAL ASSOCIATION (“Wells Fargo”) by and 

through its undersigned counsel, files this Response to the Debtor’s Motion to Use Cash 

Collateral [D.E. #5] and in support of its motion states:

1. Debtor filed for relief under Chapter 11 of the Bankruptcy Code on June 5, 

2019.

2. The Court has jurisdiction of this matter pursuant to 28 U.S.C. Section 

157(b)(2)(A), (b)(2)(G) and 1334.

3. Wells Fargo is a secured creditor of the Debtor, SEVEN STARS ON THE 

HUDSON CORP, by way of a Promissory Note dated August 29, 2016 (“Note”) in the 

principal amount of $1,406,900.00 and Mortgage (“Mortgage”) along with a Security 

Agreement securing the Promissory Note with the following described collateral:

LOT 7, LESS THE WEST 5 FEET, BLOCK 39, IMPERIAL POINT 2ND 

SECTION, ACCORDING TO THE PLAT THEREOF, RECORDED IN 

PLAT BOOK 54, PAGE 19, OF THE PUBLIC RECORDS OF 

BROWARD COUNTY, FLORIDA.

as well as:

All inventory, Chattel Paper, Accounts, Equipment, General 

Intangibles and Fixtures. 

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(A) All accessions, attachments, accessories, tools, parts, 

supplies, replacements of any additions to any of the collateral 

descrbed herein, whether added nor or later.

(B) All products and produce of any of the property described in 

this Collateral section.

(C) All accounts, general intangibles, instruments, rents, monies, 

payments, and all other rights, arising out of a sale, lease, 

consignment or other sipostion of any of the property described in 

this Collateral section. 

(D) All proceeds (including insurance proceeds) from the sale, 

destruction, loss or other disposition of any of the property 

described in this Collateral section and sums due from a third party 

who has damaged or destroyed the Collateral or from that party’s 

insurer, whether due to judgment, settlement or other process.

(E) All records and data relating to any of the property described 

in this Collateral section, whether in the form of a writing, 

photograph, microfilm, microfiche, or electronic media, together 

with all of Grantor’s right, title and interest in and to all computer 

software required to utilize, create, maintain and process any such 

records or data on electronic media. 

4. On August 31, 2016, the Mortgage was duly recorded in the Official 

Records of Broward County, Florida as Instrument Number 113904434. On March 23, 

2016, Plaintiff duly filed a UCC-1 Financing Statement on March 23, 2016 with the 

Secretary of State. 

5. In Response to the Debtor’s Expedited Motion to Use Cash Collateral. 

Wells Fargo objects to the use of cash collateral as the proposed Order attached to the 

Motion does not provide for an adequate protection payment to Wells Fargo. 

6. In addition, given that this Motion was filed on an emergency basis, Wells 

Fargo reserves the right to review the Motion and budget in more detail and submit any 

further objections if necessary in advance of a second interim hearing or final hearing in 

this matter.

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WHEREFORE, Secured Creditor, WELLS FARGO BANK, NATIONAL 

ASSOCIATION, respectfully request that this Honorable Court enter an Order denying 

the Motion for Authorization to Use Cash Collateral and to grant such other and further 

relief as this Court may deem just and proper.

I HEREBY CERTIFY 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 set forth in Local Rule 2090-1(A) and that a true 

and correct copy of the foregoing was furnished via U. S. Mail to the parties on the 

attached mail list this 10th day of June, 2019.

KELLEY & FULTON, P.L.

Attorneys for Wells Fargo Bank, N.A.

1665 Palm Beach Lakes Blvd.

The Forum - Suite 1000

West Palm Beach, Florida 33401

Tel: (561) 491-1200

Fax:(561) 684-3773

By:__/s/ Craig I. Kelley__________

 Craig I. Kelley, Esquire

 Fla. Bar No. 782203

Mailing Information for Case 19-17544-RBR

Electronic Mail Notice List

The following is the list of parties who are currently on the list to receive email 

notice/service for this case. 

• Craig I Kelley craig@kelleylawoffice.com, 

dana@kelleylawoffice.com,tina@kelleylawoffice.com,cassandra@kelleylawoffice

.com;kelleycr75945@notify.bestcase.com;Debbie@kelleylawoffice.com

• Office of the US Trustee USTPRegion21.MM.ECF@usdoj.gov

• Sonya Salkin Slott sls@msbankrupt.com, 

sonya@msbankrupt.com;kristen@msbankrupt.com;mark@msbankrupt.com;Zac

hary@msbankrupt.com

Manual Notice List

Case 19-17544-RBR Doc 14 Filed 06/10/19 Page 3 of 4
The following is the list of parties who are not on the list to receive email notice/service 

for this case (who therefore require manual noticing/service). You may wish to use your 

mouse to select and copy this list into your word processing program in order to create 

notices or labels for these recipients. 

Seven Stars on the Hudson Corp

5300 Powerline Road

Fort Lauderdale, FL 33309

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