Mead v. United States of America, et al, 2007 Bankr. LEXIS 2532 (Bankr. M.D. Fla. March 28, 2007)
Menter, Rudin & Trivelpiece, P.C. represented Partners Trust Bank, successor in interest to BSB Bank & Trust Company, in this case. The Chapter 11 debtor commenced an adversary proceeding seeking the Bankruptcy Court's determination of the priority and extent of his creditors' liens against his real property located in Florida and Virginia. The Bankruptcy Court examined Florida's version and Virginia's version of the Uniform Enforcement of Foreign Judgment Act and their purposes. The debtor argued that the Bank's judgment liens were not created or became final against his Florida property because the debtor did not receive the notices from the Bank when it domesticated its judgment in Florida. The Bank argued that it sent notices to three of the debtor's numerous addresses that it believed to be the best and last known addresses of the debtor. The Bankruptcy Court rendered a decision in the Bank's favor and ruled that the Bank's judgment lien took priority over the other creditors' liens against the debtor's property in both Florida and Virginia. The debtor filed a motion for reconsideration and it was denied by the Bankruptcy Court. The attorneys who represented Partners Trust Bank were Kevin M. Newman and Josephine Yang-Patyi.
