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In re: )
) Involuntary Chapter 11 Proceeding
ROTHSTEIN ROSENFELDT ADLER, )
P.A., ) Case No.: 09-34791-RBR
)
Alleged Debtor. )
_____________________________________ )
)
TD BANK, N.A., )
)
Plaintiff, ) Adv. Pro. No. 09-2464
)
v. )
)
HERBERT STETTIN, as Chapter 11 )
Trustee for the ESTATE OF ROTHSTEIN )
ROSENFELDT ADLER, P.A.; SCOTT W. )
ROTHSTEIN, an individual; KIMBERLY )
ANN ROTHSTEIN, an individual; )
UNITED STATES OF AMERICA; RUBIN )
VINE and SHARON VINE, individuals; )
TODD D. SNYDER, an individual; LMB )
FUNDING GROUP, a New Jersey )
corporation; DJB FINANCIAL )
HOLDINGs, LLC, a Florida Limited )
Liability Corporation; RRA GOAL LINE )
MANAGEMENT, LLC, a Florida Limited )
Liability Corporation; RRA SPORTS AND )
ENTERTAINMENT, LLC, a Florida )
Limited Liability Corporation; PRCH, LLC, )
a Delaware Limited Liability Corporation; )
THE BOVA GROUP, LLC a Florida )
Limited Liability Corporation; and JOHN )
DOE and JANE DOE, the names being )
fictitious, the real names being unknown, )
but the parties intended to be persons or )
entities who may claim an interest, )
)
Defendants. )
Found at:
The Florida Legal Blog
www.floridalegalblog.org
Case 09-02464-RBR Doc 2 Filed 11/25/09 Page 2 of 5
Plaintiff, TD Bank, N.A. (“TD Bank”), by and through its undersigned counsel and
pursuant to Federal Rules of Bankruptcy Procedure 7022 and 7067 and Local Rule 7067-1 of this
Court, moves for entry of an Order authorizing TD Bank to deposit the Funds1 held in a series of
operating and trust accounts maintained in the name of Rothstein Rosenfeldt Adler, P.A. (the
“Debtor” or “RRA”), as well as other bank accounts in the names of other persons and entities
believed to be affiliates or insiders of the Debtor, as defined in 11 U.S.C. §§101(2) and (31)
(collectively, the “Accounts”), into the Court registry, and states as follows:
1. Contemporaneously with the filing of this Motion, TD Bank has filed a Complaint
for Interpleader and Declaratory Relief (Adv. Proc. D.E. #1) (the “Complaint”) commencing
2. As more fully set forth in the Complaint, the allegations of which are incorporated
Bank has received competing claims to the Funds held in as many as thirty-eight (38) separate
Accounts, and believes additional parties will continue to assert competing claims to the Funds.
Accordingly, in furtherance of this interpleader action and in order to satisfy its legal obligations
to the various claimants with respect to the Accounts, TD Bank proposes to deposit all of the
3. In order to effectuate the relief sought in the Complaint and in accordance with
Federal Rules of Bankruptcy Procedure 7022 and 7067 and Local Rule 7067-1, TD Bank is
required to obtain leave of this Court to deposit the Funds with the Court pending disposition of
1 Found at:
Capitalized terms used and undefined herein shall have the meaning ascribed to them in the Complaint.
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Case 09-02464-RBR Doc 2 Filed 11/25/09 Page 3 of 5
If any part of the relief sought is a money judgment or the disposition of a sum of
money or some other deliverable thing, a party — on notice to every other party
and by leave of court — may deposit with the court all or part of the money or
thing, whether or not that party claims any of it. The depositing party must deliver
to the clerk a copy of the order permitting deposit.
merely a disinterested stakeholder and claims no interest. Depositing the Funds with this Court
will promote the interests of efficiency and judicial economy by avoiding litigation over the
Funds in multiple courts, with the possibility of conflicting or inconsistent judgments and
violations of the automatic stay, and will permit TD Bank to withdraw from the various disputes
between and among the Trustee and other parties in interest. As the Eleventh Circuit has noted,
“A successful interpleader suit results in the entry of a discharge judgment on behalf of the
stakeholder; once the stakeholder turns the asset over to the registry of the court, all legal
obligations to the asset’s claimants are satisfied.” In re Mandalay Shores Co-op. Housing
5. On these circumstances, the interests of all the parties are best served if the Funds
are deposited with this Court so that the multiple claimants may interplead and resolve their
competing claims in a single forum. As the Funds are maintained in a series of operating and
trust accounts in the name of the Debtor, and in accounts held by certain affiliates in which the
Trustee and other claimants may assert an interest, the exclusive jurisdiction created under 28
U.S.C. §1334(e) makes this Court the proper forum for such adjudication.
and deposits disputed funds into the court registry, the stakeholder should be dismissed from the
lawsuit and discharged from further liability. See Kurland v. U.S., 919 F.Supp. 419, 421−22
Found
(M.D. Fla. 1996). Therefore, TD Bank respectfully requests that upon deposit of theat:
Funds as
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Case 09-02464-RBR Doc 2 Filed 11/25/09 Page 4 of 5
sought hereby it be dismissed from the case and discharged from any further liability, and that
the Defendants be enjoined from making any further claims against TD Bank in regard to the
Funds.
proposes to deposit the Funds in the Court registry through a series of checks, each drawn for the
full balance remaining in the respective Account. TD Bank is ready, willing and able to deposit
the Funds as so directed, and thereby discharge its obligations with respect to the Funds and
Found at:
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Case 09-02464-RBR Doc 2 Filed 11/25/09 Page 5 of 5
authorizing TD Bank to deposit the Funds into the Court registry; (b) discharging TD Bank from
any and all obligations to Defendants and other claimants with respect to the Funds upon
confirmation of such deposit; and (c) granting such other and further relief as this Court deems
And
Found at:
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