Opinion
Case No. 6:12-bk-11411-KSJ Adversary No. 6:14-ap-000114-KSJ
03-31-2015
In re FLORIDA ECO-SAFARIS, INC., Debtor. CARLA P. MUSSELMAN, Chapter 7 Trustee, Plaintiff, v. DAVID JONES INSURANCE, INC.; PREMIUM ASSIGNMENT CORPORATION; PROGRESSIVE CASUALTY INSURANCE COMPANY; CERTAIN UNDERWRITERS AT LLOYD'S, LONDON; and SCOTTSDALE INSURANCE COMPANY, Defendants.
Chapter 7 ORDER DENYING DEFENDANT DAVID JONES INSURANCE , INC.'S MOTION FOR SUMMARY JUDGMENT
In this adversary proceeding, the Chapter 7 Trustee seeks to avoid and recover $19,527.32 in payments the Debtor, Florida Eco-Safaris, Inc., paid to the Defendant, David Jones Insurance, Inc. ("David Jones"), as actually and constructively fraudulent transfers. David Jones seeks summary judgment arguing it was a "mere conduit" and has no liability, even if the Trustee ultimately proves a fraudulent transfer occurred. Because David Jones did not satisfy its burden on summary judgment, the Court denies its motion without prejudice. Consistent with the Memorandum Opinion, entered simultaneously, it is
Complaint, Doc. No. 1.
ORDERED:
1. Defendant, David Jones Insurance, Inc.'s Motion for Summary Judgment (Doc. No. 28) is denied.
DONE AND ORDERED in Orlando, Florida, on March 31, 2015.
/s/_________
KAREN S. JENNEMANN
Chief United States Bankruptcy Judge
Janice Buchman, Attorney for Scottsdale, is directed to serve a copy of this Order on interested parties and file a proof of service within 3 days of entry of the Order.