Opinion
Case No. 8:04-bk-12264-MGW, Adv. Pro. No. 8:04-ap-00537-MGW.
June 28, 2005
FINAL JUDGMENT
THIS ADVERDARY PROCEEDING came on for hearing on May 19, 2005, for the purpose of considering the Motion by United States (Internal Revenue Service) for Summary Judgment and to conduct a final evidentiary hearing. For the reasons stated orally and recorded in open court as well as for the reasons set forth in this Court's Order on Motion by United States (Internal Revenue Service) for Summary Judgment accordingly, it is
ORDERED, ADJUDGED, and DECREED that:
1. Default is entered against Advanceme, Inc., Gabriel Ann Properties, LLC, and Joel Brewer for failure to respond or otherwise plead to the Amended Complaint herein. Based upon such default the Court determines that Advanceme, Inc., Gabriel Ann Properties, LLC, and Joel Brewer have no lien, claim or interest in property of the Debtor, property of the Debtor-in-Possession or property of the Chapter 11 estate.
2. Judgment is entered in favor of the United States of America (Internal Revenue Service) and the Court determines that the United States of America (Internal Revenue Service) has a valid, perfected first priority lien on all of the Debtor's, Debtor-in-Possession's, and the Chapter 11 estate's property.
3. Judgment is entered in favor of Oswalt Restaurant Supply who is determined to have a valid, perfected security interest in the amount of $25,000 which shall be paid under the Debtor's Chapter 11 Plan of Reorganization in sixty (60) equal monthly installments without interest. The remainder of the claim of Oswalt Restaurant Supply shall be allowed as a general unsecured claim. The claim of Oswalt Restaurant Supply is subordinate to $80,675 of the first priority lien held by the Internal Revenue Service. The lien of Oswalt Restaurant Supply shall attach to the property of the Debtor, Debtor-in-Possession, and Chapter 11 estate described in the UCC-1 filing statements of Oswalt Restaurant Supply. The lien of Oswalt Restaurant Supply shall not apply or attach to the liquor license owned by the Debtor.
4. Judgment is entered against the State of Florida, Department of Revenue and it is determined that the State of Florida, Department of Revenue does not have a lien, claim or interest in property of the Debtor, Debtor-in-Possession or Chapter 11 estate.
5. Judgment is entered in favor of the Pinellas County Tax Collector and the Pinellas County Tax Collector is determined to have a valid, perfected lien upon the tangible personal property of the Debtor, Debtor-in-Possession and Chapter 11 estate. The Pinellas County Tax Collector does not have a lien upon the Debtor's liquor license. The lien of the Pinellas County Tax Collector is determined to be subordinate to the lien of the Internal Revenue Service to the extent of $139,136.
6. The lien of the United States of America, Internal Service shall have priority over the liens of Oswalt Restaurant Supply and the Pinellas County Tax Collector in the respective amounts of $80,675 and $139,136 as to the Debtor's equipment and other tangible personal property.
DONE and ORDERED.