Filed: Jun. 08, 2015
Latest Update: Jun. 08, 2015
Summary: ORDER ELIZABETH A. KOVACHEVICH , District Judge . This cause is before the Court on: Dkt. 560 Stipulated Motion for Final Judgment in Garnishment Dkt. 519 Motion for Claim of Exemption and Request for Hearing (Seeger) Dkt. 520 Motion for Claim of Exemption and Request for Hearing (Harris) Dkt. 563 Order Deferring Ruling Dkt. 564 Notice of Withdrawal In the Stipulated Motion for Final Judgment in Garnishment, Plaintiff FTBB, LLC, Defendant Bing Charles W. Kearney, Jr. and Defendant Bri
Summary: ORDER ELIZABETH A. KOVACHEVICH , District Judge . This cause is before the Court on: Dkt. 560 Stipulated Motion for Final Judgment in Garnishment Dkt. 519 Motion for Claim of Exemption and Request for Hearing (Seeger) Dkt. 520 Motion for Claim of Exemption and Request for Hearing (Harris) Dkt. 563 Order Deferring Ruling Dkt. 564 Notice of Withdrawal In the Stipulated Motion for Final Judgment in Garnishment, Plaintiff FTBB, LLC, Defendant Bing Charles W. Kearney, Jr. and Defendant Bria..
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ORDER
ELIZABETH A. KOVACHEVICH, District Judge.
This cause is before the Court on:
Dkt. 560 Stipulated Motion for Final Judgment in Garnishment
Dkt. 519 Motion for Claim of Exemption and Request for Hearing (Seeger)
Dkt. 520 Motion for Claim of Exemption and Request for Hearing (Harris)
Dkt. 563 Order Deferring Ruling
Dkt. 564 Notice of Withdrawal
In the Stipulated Motion for Final Judgment in Garnishment, Plaintiff FTBB, LLC, Defendant Bing Charles W. Kearney, Jr. and Defendant Brian Seeger requested entry of a stipulated Final Judgment in Garnishment in favor of Plaintiff FTBB, LLC as to the funds held by Garnishee Post-Confirmation Trustee Larry S. Hyman in the amount of $72,918.00. The Order of the Bankruptcy Court directed distribution of $72,918.00 to Debtors Bing Charles W. Kearney, Jr. and Brian Seeger.
Plaintiff FTBB, LLC withdrew the Stipulated Motion (Dkt. 560) on May 26, 2015, stating that the Motion would be refiled in the pending interpleader action, Case No. 15-CA-004075, Division K, in Hillsborough County Circuit Court. An Agreed Order of Interpleader was entered in that case on June 5, 2015. The Hillsborough County Circuit Court will determine the competing claims for the funds. The Court therefore stays the garnishment proceeding as to Garnishee Post-Confirmation Trustee Larry S. Hyman pending a final determination in Case No. 15-CA-004075.
The Court notes that the Bankruptcy Court's Order did not direct distribution of any funds to Defendant Tracy J. Harris, Jr. The Court therefore denies Defendant Harris' Motion for Claim of Exemption and Request for Hearing (Dkt. 520) as moot.
Based on the Stipulated Motion (Dkt. 560), the Court understands that Defendant Brian Seeger has abandoned Defendant's Motion for Claim of Exemption and Request for Hearing (Dkt. 519), and therefore denies Defendant's Motion. Accordingly, it is
ORDERED that the Motion for Claim of Exemption and Request for Hearing (Seeger) (Dkt. 519) is denied; the Motion for Claim of Exemption and Request for Hearing (Harris)(Dkt. 520) is denied as moot, and the garnishment proceeding as to Garnishee Post-Confirmation Trustee Larry S. Hyman is stayed pending a final determination in Case No. 15-CA-004075 in Hillsborough County Circuit Court. Garnishor FTBB, LLC shall notify the Court of the entry of a final judgment in that case within fourteen days of entry of final judgment.
DONE and ORDERED.
