Gorka v. Joseph (In Re Atlantic Gulf Communities Corp.)

MEMORANDUM OPINION 1

MARY F. WALRATH, Chief Judge.

This matter is before the Court on the motion for summary judgement filed by the Plaintiffs for a declaration that the estate has no interest in certain real property located in Port Charlotte, Florida, and, therefore, for an injunction prohibiting the chapter 7 Trustee from selling that property. For the reasons stated below, the Court will deny the motion for summary judgment and grant the Trustee’s motion to sell the Debtor’s interest in the real property, if any, by a quitclaim deed.

I. BACKGROUND

In 1958, the predecessor to the Debtor,…