Legal Opinion

Cabuya Cherokee, SA v. Vogt (In re Vogt)

United States Bankruptcy Court, M.D. Florida

Decided August 28, 2013No. Case No. 8:10-bk-16416-MGW; Adv. No. 8:11-ap-00689Published

1Opinion of the Court

Chapter 7

MEMORANDUM OPINION AND ORDER DENYING MOTION FOR RECONSIDERATION OF SUMMARY JUDGMENT

Michael G. Williamson, United States Bankruptcy Judge

This Court previously ruled that a settlement agreement entered into by the Debtor (Jeffery Vogt), his brother, and American Transworld Corporation (“ATWC”) in an earlier chapter 11 case is unenforceable as to the Debtor.1 Under that settlement agreement, Jeffery Vogt was obligated to pay ATWC $14 million within 90 days. If the Debtor failed to make that payment, then ATWC would be entitled to the Debtor’s interest in various Costa Rican companies.…

2Cases cited10 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Powers v. OhioSupreme Court of the United States · 1991
  3. E.F. Hutton & Co., Inc. v. George Hadley, Bankruptcy Trustee, Inc., Trustee for the Liquidation of Gic Government Securities, Inc.Court of Appeals for the Eleventh Circuit · 1990
  4. In Re Telesphere Communications, Inc.United States Bankruptcy Court, N.D. Illinois · 1994
  5. Billingham v. Wynn & Wynn, P.C. (In Re Rothwell)United States Bankruptcy Court, D. Massachusetts · 1993

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