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UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

 

In Re: Chapter 11 

 

C.S.C. ENTERPRISES, INC., d/b/a Case No.: 21-11549-RAM 

SCULLY’S TAVERN, 

 

Debtor. 

 / 

MOTION TO DISMISS 

Plaintiff, C.S.C. Enterprises, Inc. d/b/a Scully’s Tavern (“Debtor”), by and through 

undersigned counsel, respectfully moves this Honorable Court for an Order Dismissing this 

Chapter 11 Subchapter V bankruptcy petition pursuant to Sections 105(a) and Section 1112 of title 

11 of the United States Code, 11 U.S.C. § § 101-1532 (the “Bankruptcy Code”) , and in support 

thereof state as follows: 

1. The Debtor had filed a Chapter 11, Subchapter V bankruptcy petition due to the fact 

that the Landlord had filed an eviction action against the Debtor and the Debtor was 

attempting to reorganize and continue to operate. 

2. The Debtor has operated a tavern and/or restaurant in the same location for more than 

32 years and has experienced problems with the payment of the rent due the effects of 

Coronavirus and Coronavirus regulations on its business. 

3. As to the date of this motion, there has only been five claims filed in this bankruptcy 

for a total of $284,981.29 which shows that the Debtor has been to maintain its financial 

stability for more than 30 years until the pandemic struck. 

4. The largest claim was the one filed by the Landlord for $113,508.39. 

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5. The Debtor and the Landlord were able to reach a settlement during the bankruptcy as 

outlined in the Second Amendment to Lease Agreement. The Debtor’s business has 

been generating more income due to improvement of the Coronavirus pandemic and 

the lifting of the restrictions. 

6. The Debtor has been reviewing all his options under bankruptcy and outside of 

bankruptcy. 

7. At this point, the Debtor ‘s interest and the interest of the Creditors may be better served 

if the Chapter 11, Subchapter V case is dismissed. 

MEMORANDUM OF LAW 

 Under Section 305(a)(1) of the Bankruptcy Code, the Court may, “after notice and 

a hearing ...dismiss a case....if—(1) the interests of creditors and the debtor would be 

better served by such dismissal”. In this this matter, the interests of the Debtor and the 

Creditors may be better served with a dismissal because the Debtor has been reviewing 

options that may be beneficial to the interests of all the parties, but the restrictions of 

Chapter 11, Subchapter V may hinder these options. 

 Secondly, the Debtor’s case should be dismissed under § 1112(b) because it is the 

in the best interest of the estate. The issues that precipitated this bankruptcy, the rental 

lease and eviction have been addressed and cured for the most part with the Second 

Amendment to Lease Agreement. Furthermore, the Debtor which is run by the owners 

of the business can resolved the issues more quickly and cheaply if the case is 

dismissed. 

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Finally, the dismissal of this case will not impair the rights of any other creditor of this 

estate as dismissal will simply return such creditors to their relative positions 

immediately prior to the filing of the Debtor’s voluntary petition. 

 

WHEREFORE, Debtor respectfully requests that the Court enter an order dismissing the 

Chapter 11 Subchapter V petition. 

Dated: July 1, 2021.

CORONA LAW FIRM, P.A. 

3899 NW 7th Street, Second Floor 

Miami, Florida 33126 

Telephone: (305) 547-1234 

Facsimile: (305) 266-1151 

Email: rcorona@coronapa.com 

By: __/s/ Ricardo Corona 

 Ricardo Corona, Esquire 

 FBN 111333 

Via CM/ECF 

U.S. TRUSTEE 

51 S.W. 1st Avenue, Suite 1204 

Miami, FL 33130 

USTPRegion21.MM.ECF@usdoj.gov 

Steven D. Schneiderman 

Office of the U.S. Trustee 

51 S.W. 1st Avenue, Suite 1204 

Miami, FL 33130 

Steven.D.Schneiderman@usdoj.gov 

 Equity One (Florida Portfolio) LLC 

Ryan E. Davis – Attorney for Landlord/Creditor 

Winderweedle, Haines, Ward & Woodman, P.A. 

P.O. Box 880 

Winter Park, FL 32790-0880 

rdavis@whww.com 

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Tarek Kiem – Subchapter V Trustee 

Kiem Law, PLLC 

8461 Lake Worth Road, Suite 114 

Lake Worth, FL 33467 

tarek@kiemlaw.com 

Via U.S. Mail to: 

CSC Enterprises, Inc. DBA Scully’s Tavern 

9809 SW 72 Street 

Miami, FL 33173 

All creditors and parties in interest listed on the mailing matrix attached hereto. 

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