10 Jul2014
Chapter 7 Bankruptcy Spawns 23 Trials in Florida
Written by CFB Blogger. Posted in Blog
James Butler, owner of
Paradise Homes, who also owned the now-shuttered
Viking Culinary Center on
Lakewood Ranch Main Street, in Lakewood Ranch, Florida, filed Chapter 7 bankruptcy in 2012. At the time of the bankruptcy filing, the construction company abandoned the building of the 23 homes that were being built under the auspices of real estate developer
Schroeder-Manatee Ranch Inc. That bankruptcy is currently ongoing in federal court in Tampa, Florida.
From a news story in the
Bradenton Herald by Sabrina Rocco, last year those 23 homeowners filed a $5 million lawsuit against Schroeder-Manatee Ranch Inc. who had employed Paradise Homes to construct their single-family homes in the 8,500-acre planned-community development.
Now, a judge has ordered 23 separate trials in a civil case against SMR.
An attorney for the homeowners stated in the article that SMR had promised to hire only experienced builders and to oversee the progress of the construction. He continued saying that Paradise Homes was an underfunded kitchen-cabinet installation company with “no experience as a custom homebuilder”.
A senior vice president and general consul for Schroeder-Manatee Ranch averred that each homeowner’s case was different and thus each must file a separate lawsuit. He maintains that, “’As we proceed, we are confident that an objective examination of the facts by the court will find that the executives of Paradise Homes bear responsibility for the mismanagement of that company, not SMR.’”
He added, “’SMR has now filed a motion for summary judgment, which requests the court to dismiss permanently the plaintiffs’ legal claims against SMR.’”
The 23 trials, which are set to begin early in 2015, will undoubtedly generate an enormous caseload for the court system, attorneys and witnesses in Florida.
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