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NOTICE OF SALE
UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
Case No.: 8:14-bk-05906-CPM
Chapter 11
In re:
1901 W. PLATT ST., LLC,
Debtor.
Adv. Case No.: 8:22-ap-00083-CPM
PALSCHER, INC., a Florida
limited liability company,
Adversary Plaintiff, v.
1901 W. PLATT ST., LLC, a Florida limited liability company; FLORIDA DEPARTMENT OF REVENUE, a department of the state of Florida; CITY OF TAMPA, a duly organized municipality under Florida statutes; TAMPA HYDE PARK CAFÉ, LLC, a Florida limited liability company; PLUMBING SOLUTIONS OF TAMPA BAY, INC. d/b/a Red Cap Plumbing; TAMPA HYDE PARK
CAFÉ PROPERTIES, LLC, a
Florida limited liability company;
MONSTAH LOBSTAH, SOHO, LLC, a Florida limited liability
company; HOP-HEDZ, INC., a Florida corporation, THEE DAWGG HOUSE, LLC, a Florida limited
liability company, 2208 W. AZEELE ST.,LLC a/k/a 2208 W. AZEELE
STEET, LLC, THOMAS ORTIZ, LEWIS MUSTARD, VERNA BARTLETT, HYDE PARK CAFÉ, LLC, JOHN DOE and JANE
DOE, as unknown tenants in
possession, any known or unknown natural person with any legal or equitable interest in the property
commonly referred to as 1901 W. Platt St., Tampa Florida 33606,
and the unknown spouse, heirs,
devisees, grantees, creditors, or other parties claiming any legal or equitable interest in the Real
Property by, through, under, or
against any known or unknown
person who is known to be dead or is not known to be either dead or alive, and any corporation or other legal
entity, whether its domicile be foreign, domestic, or unknown, and whether dissolved or existing, including corporations or other legal
entities not known to be dissolved
or existing claiming any legal or
equitable interest in the property, and the unknown assigns, successors
in interest, trustees, or any other party claiming any legal or equitable interest in the Real Property by, through, under, or against any
named corporation or legal entity,
Adversary Defendants.
NOTICE IS HEREBY GIVEN that pursuant to the Final Judgment of Foreclosure (Doc. 111) entered in the above-styled action on January 10, 2023, the Honorable Judge Catherine Peek McEwen of the United States Bankruptcy Court for the Middle District of Florida will sell, in a single sale, of all of the real property and or personal property located at 1901 W. Platt St. Tampa, Florida described in more detail herein below at a public sale (the “Sale”) at the Sam M. Gibbons United States Courthouse, 801 N. Florida Ave., Courtroom 8B, Tampa, Florida 33602 on Friday, February 10, 2023 at 11:00 a.m. EST (the “Sale Date”), after notice is given as
required by Florida Statutes § 45.031 and 28 U.S.C. § 2002, to the highest bidder, for cash:
Lots 10 and 11, Block 17 of OSCAWANA, according to map or plat thereof as recorded in Plat Book 4, Page 85, of the Public Records of Hillsborough County, Florida.
In addition, the word “Collateral” also includes all the following, whether now owned or hereafter acquired, whether now existing or hereafter arising, and wherever located:
All Fixtures:
(A) All accessions, attachments, accessories, tools, parts, supplies,
replacements of and additions to any of the collateral described herein, whether added now or later.
(B) All products and produce of any of the property described in this Collateral section.
(C) All accounts, general intangibles, instruments, rents, monies,
payments, and all other rights, arising out of a sale, lease, consignment or other disposition of any of the property described in this Collateral section.
(D) All proceeds (including insurance proceeds) from the sale,
destruction, loss, or other disposition of any of the property described in this Collateral section, and sums due from a third party who has damaged or destroyed the Collateral or from that party's insurer, whether due to judgment, settlement or other process.
(E) All records and data relating to any of the property described in this Collateral section, whether in the form or a writing, photograph, microfilm, microfiche, electronic media, together with all Grantor's right, title, and interest in and to all computer software required to utilize, create, maintain, and process any such records or data on electronic mail.
The Sale is being conducted pursuant to the provisions of the Final Judgment of Foreclosure (Doc. 111). All bidders interested in purchasing the Subject Property at the Sale (“Interested Bidder”) shall have with them, at the Sale, the amount of One Hundred Thousand United States Dollars ($100,000.00) (“Good Faith Deposit”) in cash or cashier's check drawn on a bank or credit union with a branch in the state of Florida. At the time of the Sale, all Interested Bidders shall hand deliver their Good Faith Deposit to Larry S. Hyman, CPA (the “Facilitating Fiduciary”) any cashier's checks should be made payable to “Larry S. Hyman, CPA, Facilitating Fiduciary”. Any Interested Bidder that does not provide their Good Faith Deposit to the Facilitating Fiduciary at or prior to the Sale will not be able to bid in the Sale. Pursuant to the Final Judgment of Foreclosure, all bids at the Sale shall be made in no less than $1,000 increments meaning that each bid must be no less than $1,000 more than the prior bid. All interested bidders should be familiar with the terms of the Final Judgment of Foreclosure regarding the Sale. If you are unable to obtain a copy of the Final Judgment of Foreclosure contact John W. Landkammer, Esquire, 100 S. Ashley Dr., Suite 1600, Tampa, Florida 33602; [email protected].
Any person claiming an interest in the surplus from the sale, if any, other than the property owner as of the date of the lis pendens must file a claim within 60 days after the sale.
If you are a person with a disability who needs an accommodation in order to access court facilities or participate in a court proceeding, you are entitled, at no cost to you, to the provision of certain assistance. To request such an accommodation, please contact Court Administration at least 7 days before your scheduled court appearance, or immediately upon receiving a notification of a scheduled court proceeding if the time before the scheduled appearance is less than 7 days. Complete theRequest for Accommodations Formand submit to800 E. Twiggs Street, Room 604, Tampa, FL 33602. ADA Coordination Help Line (813) 272-7040; Hearing Impaired Line 1-800-955-8771; Voice Impaired Line 1-800-955-8770.
JOHN W. LANDKAMMER,
ESQUIRE
Florida Bar No. 0675547
Anthony & Partners, LLC
100 S. Ashley Dr., Suite 1600
Tampa, Florida 33602
Telephone: 813/273-5613
Facsimile: 813/221-4113
Attorneys for Palscher, Inc.
January 20, 27, 2023 23-00170H