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UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

WEST PALM BEACH DIVISION 

www.flsb.uscourts.gov

In re: 

BASA INVESTMENTS LLC, Case No.: 22-10741-EPK 

SHEPHERD REALTY INVESTMENTS, INC., Case No.: 22-12083-EPK 

and DAMACA INVESTMENTS, LLC, Case No.: 22-12084-EPK 

 (Jointly Administered) 

 Debtors. 

 Chapter 7 

____________________________________/ 

ORDER GRANTING MOTION TO APPROVE STIPULATION TO COMPROMISE 

CONTROVERSIES BETWEEN THE TRUSTEE AND AMY STANLEY 

THIS MATTER came before the Court in West Palm Beach, Florida, on December 14, 

2022 at 10:30 a.m., upon the Trustee Michael R. Bakst’s (the “Trustee”) Motion to Approve 

Stipulation to Compromise Controversies Between the Trustee and Amy Stanley (the “Motion”) 

[ECF No. 476]. The Court, having reviewed the Motion, having heard the argument of counsel, 

having heard and considered the objection and argument by Ariel Banegas, having found (a) that 

all creditors and parties in interest including, without limitation, Ariel Banegas and Astrid Carolina 

Banegas have been duly noticed of (i) the Motion, (ii) the hearing on the Motion, and (iii) the 

Erik P. Kimball, Judge

United States Bankruptcy Court

_____________________________________________________________________________

ORDERED in the Southern District of Florida on December 14, 2022.

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proposed settlement, and (b) that the settlement is in the best interest of creditors and the estate, 

and having been otherwise fully advised in the premises, hereby 

ORDERS AND ADJUDGES as follows: 

1. The Motion is GRANTED and the Stipulation1

 attached to the Motion is 

APPROVED. 

2. All parties in interest have been duly served with the Motion and hearing date and 

time, and had the opportunity to be heard. 

3. The Court finds that the settlement in the Stipulation is in the best interests of the 

Estates and their creditors. 

4. The Stipulation attached to the Motion, and all of the terms of the Stipulation, are 

incorporated herein, regardless of whether they are specifically restated herein. 

5. The Trustee may execute any and all documents or take any actions necessary to 

comply with or consummate the terms of the Stipulation. 

6. Subject to and conditioned upon Stanley’s timely payment of the Settlement 

Amount, Stanley shall be deemed to have a secured claim against all Seven Properties for 

$1,206,180.00, plus $297,942.92 in prejudgment interest, for a total of $1,504,122.92. 

Notwithstanding such secured claim, Stanley shall take the Seven Properties subject to any such 

secured claims, and shall not be entitled to any payment thereon, from any of the Estates, from any 

of the Seven Properties, from the proceeds of this Settlement, or otherwise. 

7. Pursuant to the Order Granting Trustee’s Verified Motion (1) for Order to Show 

Cause and for Contempt for Violation of the Automatic Stay Pursuant to 11 U.S.C. §362(a) and/or 

 

1 All capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Motion and in 

the Stipulation attached to the Motion. 

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11 U.S.C. §105, Against Ariel Banegas; (2) to Enforce the Automatic Stay Pursuant to 11 U.S.C. 

§362; (3) to Prevent Interference in Trustee’s Administration of Estate and to Order Ariel Banegas 

to Cease and Desist Pursuant to 11 U.S.C. §105; (4) to Direct U.S. Marshal to Accompany Trustee 

and/or Trustee’s Realtor to Debtors’ Properties; and (5) to Compel Ariel Banegas to Cooperate 

with the Trustee Pursuant to Fed.R.Bankr.P. 4002(4) [ECF No. 393] (the “Show Cause Order”), 

any transfer or attempted transfer of the Properties pursuant to the post-petition Deeds (as defined 

therein) is void as without authority and in violation of the automatic stay pursuant to 11 U.S.C. 

§362(a). 

8. Also, pursuant to the Show Cause Order, the Seven Properties are, have been, and 

remain property of the bankruptcy estates pursuant to 11 U.S.C. §541(a), free and clear of any 

claim of Astrid Banegas a/k/a Astrid Carolina Banegas. 

9. Pursuant to the Order Confirming Authority of Chapter 7 Trustee [ECF No. 422], 

neither Ariel Banegas nor Astrid Carolina Banegas, a/k/a Astrid Carolina Daza, has any ownership 

interest in the Seven Properties. 

10. The Trustee shall be entitled to retain any and all rents, or claims for rents, owed 

and/or accrued for any or all of the Seven Properties for any time(s) prior to the Effective Date. 

11. After the receipt of the trustee deeds for the Seven Properties, Stanley shall 

withdraw her proofs of claim in the Basa Investments, LLC, Shepherd Realty Investments, Inc., 

and Damaca Investments, LLC, cases with prejudice, but shall only be obligated to reduce her 

proof of claim in Case No. 22-12467-MAM (Ariel Banegas’s individual Bankruptcy Case) by 

$1,504,122.92. 

12. The Court reserves jurisdiction to enforce the terms of this Order and the Stipulation 

and the handling of any disputes concerning administrative claims relating to the Seven Properties. 

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# # # 

Submitted by: 

Rilyn A. Carnahan, Esq. 

Greenspoon Marder LLP 

525 Okeechobee Blvd., Suite 900 

West Palm Beach, FL 33401 

Telephone: (561) 838-4557 

rilyn.carnahan@gmlaw.com 

[Rilyn A. Carnahan, Esq. shall immediately serve this Order upon all interested parties 

and file a certificate of service with the Court that conforms with Local Rule 2002-1(F)] 

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