UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

In re: CASE NO.: 19-26849-BKC-AJC

Chapter 7

JUMANJI NEST, LLC

 Debtor. / 

ORDER GRANTING TRUSTEE’S MOTION FOR ENTRY OF ORDER APPROVING 

PROPOSED PRIVATE SALE OF ESTATE’S RIGHT, TITLE AND INTEREST IN NONEXEMPT REAL PROPERTY TO TRUMP 906, LLC OR ITS RELATED ASSIGN

THIS CAUSE having come before the Court on April 7, 2020 at 10:30 a.m. (the 

“Hearing”) upon the Chapter 7 Trustee’s Motion for Entry of Order Approving Proposed 

Private Sale of Estate’s Right, Title and Interest in Real Property (the “Motion”) [ECF 21], 

and the Court having reviewed the Motion and the file; having been advised by Trustee’s 

counsel that no other offers have been received by the Trustee for the purchase of the 

Estate’s right, title and interest in the non-exempt real property described as Lot 17, of 

CORRECTED PLAT OF GOLF VIEW ESTATES, according to the plat thereof, as 

recorded in plat Book 41, at Page 58, of the Public Records of Miami-Dade County, 

A. Jay Cristol, Judge

United States Bankruptcy Court

_____________________________________________________________________________

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

Case 19-26849-AJC Doc 31 Filed 04/13/20 Page 1 of 8
CASE NO: 19-26849-BKC-AJC

Page 2 of 8

Florida and commonly known as 636 NE 105 Street, Miami, Florida 33138 (the 

“Property”); having been advised by Trustee’s counsel that the proposed buyer, Trump 

906, LLC or its related assign (the “Buyer”), has tendered to the Trustee the entire 

$2,500.00 non-refundable deposit; having heard from Trustee’s counsel, Debtor’s 

counsel and Buyer’s counsel at the Hearing; having noted that no objections to the Motion 

were filed or made at the Hearing other than Debtor counsel’s request for a continuance 

of the Hearing; and for the reasons set forth on the record, which are incorporated herein 

by reference,

IT IS FOUND AND DETERMINED THAT:

1. The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 

1334.

2. The: (a) Motion; (b) transaction described in the Motion (the “Proposed 

Sale”); and (c) sale of the Estate’s right, title and interest in the Property are core 

proceedings under 28 U.S.C. §§ 157(b)(2)(A), (N) and (O). The statutory predicates for 

the relief granted herein are Sections 105 and 363 of the Bankruptcy Code and Federal 

Rules of Bankruptcy Procedure (the “Bankruptcy Rules”) 2002 and 6004.

Case Background

3. This case commenced with the filing of a voluntary chapter 7 bankruptcy 

petition by the Debtor, Jumanji Nest, LLC (the “Debtor”) on December 18, 2019 (the 

“Petition Date”). Shortly thereafter, Joel L. Tabas was appointed as Chapter 7 trustee of 

the Debtors’ bankruptcy estate (the “Estate”).

Case 19-26849-AJC Doc 31 Filed 04/13/20 Page 2 of 8
CASE NO: 19-26849-BKC-AJC

Page 3 of 8

The Property

4. The Debtor has an ownership interest in the Property pursuant to a Special 

Warranty Deed recorded on June 24, 2016 in Official Record Book 30127 at Page 1335 

in the Public Records of Miami-Dade County, Florida.

5. Although not disclosed on the Debtor’s Schedule “D” [ECF 1], public records 

reflect that the Property is encumbered by, among other potential claims, a mortgage in 

favor of the Buyer securing a debt in the principle amount of $800,000.00. On February 

28, 2020, the Buyer filed Proof of Claim 1-1 asserting that it has a claim against the Debtor 

in the amount of $1,159,945.50, $800,000.00 of which is secured against the Property 

(the “Trump 906 Claim”). 

6. The Property is not, and cannot be, claimed as exempt, and therefore, is 

property of the Estate pursuant to 11 U.S.C. § 541 and subject to administration by the 

Trustee.

7. The Trustee has not been provided with any evidence that the Debtor is

insuring the Property.

The Offer

8. As detailed in the Motion, the Buyer has offered to purchase the Estate’s 

right, title and interest in the Property for $10,000.00 in cleared funds, “AS-IS, WHEREIS,” with no representations or warranties of any type being given by the Trustee or his 

professionals, and subject to all liens, claims, encumbrances, interests and defenses, 

whether known or unknown, scheduled or unscheduled, including, without limitation, the 

Trump 906 Claim (the “Offer”).

Case 19-26849-AJC Doc 31 Filed 04/13/20 Page 3 of 8
CASE NO: 19-26849-BKC-AJC

Page 4 of 8

9. The Trustee accepted the Offer subject to: (a) this Court’s approval; (b) 

higher and better offers as required by 11 U.S.C. § 363; and (c) the terms and conditions 

set forth in the Motion.

Service of the Motion

10. Based on its review of the Certificates of Services of the Motion and the

Notice of Hearing of the Motion [ECF Nos. 21, 22, & 23, respectively], the Court finds that 

proper, timely, adequate, and sufficient notice of the Motion and the Proposed Sale has

been provided in accordance with Section 102(1) of the Bankruptcy Code and Bankruptcy

Rules 2002 and 6004.

11. A reasonable opportunity to object or to be heard by all parties in interest 

with respect to the relief requested in the Motion has been afforded to all known interested 

persons and entities, and the Court finds that no objections to the Motion were filed or 

made at the Hearing other than the Debtor’s request to continue the Hearing for thirty (30) 

days. 

12. The transaction: (a) described in the Motion; and (b) authorized by this 

Order, reflects the proper exercise of the Trustee’s sound business judgment, and 

constitutes a proper exercise of the Trustee’s fiduciary duties.

13. Approval of the transaction contemplated in the Motion is in the best 

interests of the Estate. Good and sufficient business justification for consummating the 

Proposed Sale pursuant to Section 363 of the Bankruptcy Code has been established in 

that, among other things, the sale process conducted by the Trustee as required by 

Section 363 of the Bankruptcy Code has been fair, open and reasonable, and because, 

among other things, the Motion was served on all known parties-in-interest, it has given 

all known parties-in-interest the opportunity to submit higher and better offers.

Case 19-26849-AJC Doc 31 Filed 04/13/20 Page 4 of 8
CASE NO: 19-26849-BKC-AJC

Page 5 of 8

14. The Court finds that the Offer is the highest and best, and only, offer for the 

purchase of the Estate’s right, title and interest in the Property.

15. The Court finds that the sale price of $10,000.00 for the Estate’s right, title 

and interest in the Property constitutes reasonably equivalent value and fair consideration 

under the Bankruptcy Code.

16. Pursuant to the representations and warranties in the Motion, the Court 

finds that Buyer: (a) has had sufficient opportunity to conduct its own due diligence prior 

to making the Offer, and (b) has not relied upon any information or documentation 

provided by the Trustee or the Trustee’s employees, agents, representatives or 

professionals, in making the Offer. Accordingly, the Court finds that the sale of the 

Estate’s right, title and interest in the Property is: (a) “AS-IS, WHERE-IS,” (b) subject to 

all liens, claims, encumbrances, interests and defenses, whether recorded or unrecorded, 

scheduled or unscheduled, known or unknown; and (c) not subject to any warranties of 

any type from the Trustee or the Trustee’s employees, agents, representatives or 

professionals.

NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:

17. The Motion is granted.

18. The Proposed Sale of the Estate’s right, title and interest in the Property to 

the Buyer for the total sum of $10,000.00 in cleared funds (the “Purchase Price”), on the 

terms and conditions set forth in the Motion, as modified herein (the “Sale”), is hereby 

approved in all respects pursuant to Section 363 of the Bankruptcy Code; provided, 

however that the Debtor shall have thirty (30) days from the date of entry of this Order to:

(i) submit a higher and better offer in writing to the Trustee for the Estate’s right, title and 

Case 19-26849-AJC Doc 31 Filed 04/13/20 Page 5 of 8
CASE NO: 19-26849-BKC-AJC

Page 6 of 8

interest in the Property; and (ii) tender a $10,000.00 bid deposit in cleared funds to the 

Trustee.

19. In the event the Debtor timely (i) submits a higher and better offer in writing 

to the Trustee, and (ii) tenders a $10,000.00 bid deposit in cleared funds to the Trustee, 

this Order shall be vacated, and in its place, the Court shall enter an Order (1) Approving 

Competitive Bidding Procedures and (2) Scheduling Date to Conduct an Auction of the 

Property. 

20. Notwithstanding the foregoing, the Buyer is directed to pay the Trustee the 

remaining balance of the Purchase Price (i.e., $7,500.00 in cleared funds) within seven

days of this Order becoming final and non-appealable. 

21. In the event the Debtor fails to timely (i) submit a higher and better offer in 

writing to the Trustee, or (ii) tender a $10,000.00 bid deposit in cleared funds to the 

Trustee, the Trustee is authorized, directed and empowered to fully perform under, 

consummate and implement the terms of the Sale as soon as practicable for the Trustee, 

but in no event shall the closing take place any sooner than thirty (30) days from date of 

entry of this Order. Notwithstanding the foregoing, the Trustee, Buyer and Debtor may 

agree to further extend the closing date of the Sale if the Debtor provides adequate 

protection that is acceptable to the Trustee and the Buyer at their sole discretion. 

22. The Trustee is authorized to execute such documents, and take such 

actions, as he deems reasonable, necessary and/or desirable to: (a) consummate the 

Sale; and (b) transfer, grant and convey the Estate’s right, title and interest in the Property 

to the Buyer or its related assign. Notwithstanding the preceding: (a) an executed 

Trustee’s Quit Claim Deed; and (b) a certified copy of this Order, shall be the only 

documents the Trustee is required to deliver to the Buyer to consummate the Sale. 

Case 19-26849-AJC Doc 31 Filed 04/13/20 Page 6 of 8
CASE NO: 19-26849-BKC-AJC

Page 7 of 8

23. The Buyer shall be responsible for the payment of any and all fees and 

taxes imposed by any governmental agency arising from or relating to the Sale, including 

but not limited to sales tax, documentary stamp tax and recording fees.

24. The sale of the Estate’s right, title and interest in the Property is: (a) 

“AS-IS, WHERE-IS;” (b) subject to all liens, claims, encumbrances, interests and 

defenses, whether recorded or unrecorded, scheduled or unscheduled, known or 

unknown; and (c) not subject to any warranties of any type from the Trustee or the 

Trustee’s employees, agents, representatives or professionals.

25. The terms of this Order shall control over any inconsistent provisions in the 

Motion.

26. The terms and provisions of this Order shall be binding in all respects upon 

the Trustee, the Estate, the Debtor, the Buyer, all creditors, all parties-in-interest, and any 

affiliates or assignees, successors and any affected third parties, including, but not limited 

to, all persons or entities asserting a lien or claim against, or interest in the Property.

27. Acts performed by the Trustee and/or his attorneys, agents and 

representatives pursuant to the relief authorized by this Order, including but not limited to 

consummation of the Sale, will not and shall not give rise to any claims by any parties, 

including but not limited to: (a) the Debtor and its agents, attorneys, employees, and/or 

representatives; (b) the Buyer and its agents, attorneys, employees, and/or 

representatives; (c) any creditors, including but not limited to those that may possess 

liens, claims, encumbrances or interests allegedly secured by the Property; (d) any 

parties-in-interest; and (e) any third parties, of any kind or nature whatsoever against: (i) 

the Trustee; and (ii) the Bankruptcy Estate, and their respective agents, attorneys, 

employees, and/or representatives, under the laws of the United States, or any state, 

Case 19-26849-AJC Doc 31 Filed 04/13/20 Page 7 of 8
CASE NO: 19-26849-BKC-AJC

Page 8 of 8

territory or possession thereof, arising from or related to the transaction subject of: (a) the 

Motion; or (b) the relief authorized by this Order, whether scheduled or unscheduled, 

known or unknown, contingent or otherwise, existing as of the date hereof or hereafter 

arising.

28. This Court retains exclusive jurisdiction to: (a) enforce, implement and 

interpret the terms and provisions of (i) this Order and (ii) the Motion, and any and all 

amendments thereto, any waivers and consents thereunder, and of any agreements 

executed in connection therewith; and (b) resolve any disputes, controversies or claims 

arising out of or relating to (i) this Order, or (ii) the Motion, and any and all amendments 

thereto, any waivers and consents thereunder, and of any agreements executed in 

connection therewith.

29. Because the sale of the Estate’s right, title and interest in the Property is 

subject to all liens, claims, encumbrances, interests and defenses, the relief authorized 

by this Order shall not entitle the holder of any such lien, claim, encumbrance interest or 

defense to a secured claim against the Bankruptcy Estate.

# # #

Submitted by:

Joshua D. Silver, Esquire

Tabas & Soloff, P.A.

25 S.E. 2nd Avenue, Suite 248

Miami, FL 33131

Telephone: (305) 375-8171

Facsimile: (305) 381-7708

jsilver@tabassoloff.com 

Copy furnished to:

Joshua D. Silver, Esquire

Attorney Joshua D. Silver is hereby directed to serve a copy of this Order immediately upon receipt on all interested parties.

Case 19-26849-AJC Doc 31 Filed 04/13/20 Page 8 of 8