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 GRANTING MERIDIAN MARINA & YACHT CLUB OF PALM CITY, 

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

OF LIENS, CLAIMS, ENCUMBRANCES AND INTERESTS [D.E. #52]

THIS MATTER came before the Court on January 10, 2020, at 1:30 p.m., upon 

Debtor in Possession’s, MERIDIAN MARINA & YACHT CLUB OF PALM CITY, LLC’S

(“Debtor”) Motion for Authorization to Sell Assets Free and Clear of Liens, Claims, 

Mindy A. Mora, Judge

United States Bankruptcy Court

Entered as modified by Judge Mora.

_____________________________________________________________________________

ORDERED in the Southern District of Florida on February 27, 2020.

Case 19-18585-MAM Doc 80 Filed 02/28/20 Page 1 of 4
Encumbrances and Interests [D.E. #52] (the “Motion”) and the limited objection to the 

Motion filed by Martin County Marine Holdings, LLC [D.E. #63] (the “Objection”). 

The Debtor represents that:

a. Debtor is the owner and operator of a marina and yacht club located in Palm 

City, Florida, providing boat storage, boat sales, dockage, servicing and repairs. 

The facility is located at 1400 SW Chapman Way, consisting of approximately 

280 dry storage marina and wet slips located on approximately 6.5 acres. In 

addition, the Debtor owns roughly 4.5 acres of unimproved land located at 1120 

SW Chapman Way, immediately adjacent to the marina.

b. Debtor has obtained a buyer, namely, 1400 Chapman, LLC (hereinafter referred 

to as “Buyer”), to purchase the real property located at 1400 SW Chapman Way 

as well as certain assets, as more fully described below. The Debtor has signed 

a Purchase and Sale Agreement which was attached to the Motion as Exhibit 

“A”. 

c. The sale is to include the following assets:

a. The real property located at 1400 SW Chapman Way, together with the 

buildings and improvements thereon and all right, title and interest of 

Seller in and to appurtenances of the Land, including riparian rights, 

easements and rights-of-way relating thereto, and, without warranty, all 

right, title and interest of Seller in and to the land lying within any street or 

roadway adjoining the Land or any vacated or hereafter vacated street or 

alley adjoining said Land.

b. All of Seller’s right, title and interest, if any, in and to all fixtures, furniture, 

equipment, and other tangible personal property, if any, owned by Seller

(collectively, the “Personal Property”) presently located on the Land or 

used in connection with the Property, including, without limitation, all: 1.

vehicles and watercraft, including trailers and travel-lifts (the “Vehicles”), 2.

telephone systems and computer equipment, including software installed 

thereon, 3. third party vendor parts and accessories located at the 

Property or in transit to the Property on the Closing Date and 4. gasoline,

Case 19-18585-MAM Doc 80 Filed 02/28/20 Page 2 of 4
motor oil, and other similar fuel and fluids currently stored on the Property. 

d. This transaction does not include the sale of the unimproved parcel 

located at 1120 SW Chapman Way.

Accordingly, the Court, having reviewed the file and the Motion, having heard 

argument of counsel, being otherwise duly advised in the premises, ORDERS as 

follows:

1. The Debtor’s Motion for Authorization to Sell Assets Free and Clear of 

Liens, Claims, Encumbrances and Interests (D.E. #52) is hereby GRANTED, free and 

clear of all liens, claims, encumbrances and interests pursuant to the terms of the 

Agreement of Purchase and Sale, and any amendments thereto with any such liens or 

interests to attach to the proceeds of the sale, unless satisfied at the sale closing, and 

subject to any rights and defenses of the Debtor with respect thereto, as well as to pay 

closing or other costs from the sale proceeds at closing as may be required. 

2. The Debtor is authorized to sell the assets described above to 1400 

Chapman, LLC (“Buyer”) for the sum of $6,500,000.00 pursuant to the Purchase and 

Sale Agreement with 1400 Chapman LLC filed with Debtor’s Motion.

3. The Debtor is directed to provide Secured Creditor with a proposed closing 

statement at least 10 days prior to closing, and to reflect the amounts owed to secured 

creditors on the closing statement which will be paid at closing. 

4. The Debtor will comply with conditions “A.-G.” set forth in Paragraph 9 of 

the Objection (D.E. #63) as they become available. Condition H. in Paragraph 9 of the 

Objection is overruled.

Case 19-18585-MAM Doc 80 Filed 02/28/20 Page 3 of 4
5. This Court shall retain jurisdiction to hear and determine all matters arising 

from or related to the implementation of this Order.

# # #

Submitted by:

Craig I. Kelley, Esquire

Kelley, Fulton & Kaplan, P.L.

1665 Palm Beach Lakes Blvd. 

The Forum - Suite 1000

West Palm Beach, FL 33401

Phone (561) 491-1200

Facsimile (561) 684-3773

e-mail: craig@kelleylawoffice.com

Craig I. Kelley, Esq. is directed to serve a copy of the signed order on all parties of 

record and file with the court a certificate of service conforming with Local Rule 2002-

1(F).

Case 19-18585-MAM Doc 80 Filed 02/28/20 Page 4 of 4