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WILLIAM and MARTHA PULLUM CASE NO. 14-30215-JCO CHAPTER 11 Debtor

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WILLIAM and MARTHA PULLUM CASE NO. 14-30215-JCO CHAPTER 11 Debtor Case 14-30215-JCO Doc 227 Filed 07/11/16 Page 1 of 26 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION IN RE: WILLIAM AND MARTHA PULLUM CASE NO. 14-30215-JCO CHAPTER 11 Debtor. __________________________/ MOTION FOR AUTHORITY TO SELL PROPERTY FREE AND CLEAR OF LIENS AND OTHER INTERESTS Pursuant to Rule 6004(c) of the Rules of Bankruptcy Procedure and 11 U.S.C. §363, William and Martha Pullum, Debtors-in-Possession (“Debtors”), by their undersigned attorney, hereby file their Motion for Authority to Sell Property Free and Clear of Liens and Other Interests to Fred R. And Mary Jane B. McDevitt (“Buyers”), and as grounds therefore will show: 1. Debtors filed their petition under Chapter 11 of the Bankruptcy Code on March 15, 2014, and are the duly authorized Debtors-in-Possession. Case 14-30215-JCO Doc 227 Filed 07/11/16 Page 2 of 26 2. The property of the estate includes the real property in Santa Rosa County, located at 9271 Lilge Circle, Navarre, Florida, more particularly described as follows: Lot 5, Block A, Pine Ranch Subdivision, a planned unit development, being in Section 22, Township 2 South, Range 26 West, according to plat recorded in Plat Book F, Page 14, of the Public Records of Santa Rosa County, Florida Parcel ID No. 22-2S-26-3193-00A00-0050 together with some of the furniture and fixtures as described in the attached Contract. (hereinafter “Real Property”). 3. Movants propose to sell the above-described real property to Fred R. and Jane B. McDevitt, for the sum of $675,000.00 payable in cash in full at closing, free and clear of liens and other interests. From the proceeds of the sale, Movant will pay the costs normally associated with closings of real property including realtors commissions, recording fees, and real property Case 14-30215-JCO Doc 227 Filed 07/11/16 Page 3 of 26 taxes. 4. To the best of Movant's information and belief Compass Bank has or may claim to have a lien on the property. By prior Motion (Doc. 189) and Order (Doc. 190) a settlement was approved with Compass Bank and Compass Bank will be paid $500,000.00 from the proceeds of the sale. 5. To the best of Movant's information and belief SE Property Holdings, LLC has or may claim to have a lien on the property by virtue of a certified copy of a Final Judgment recorded in the public records of Santa Rosa County on July 8, 2013. Debtors dispute this lien for the following reasons: a. On November 12, 1997, the Debtors purchased the Real Property. b. The Real Property is outside the city limits of any municipality and is less than one (1) Case 14-30215-JCO Doc 227 Filed 07/11/16 Page 4 of 26 acre; c. Debtors have actually occupied the Real Property; d. Debtors occupancy of the property has at all relevant times been with the intent to reside on the Real Property as their home; e. The Real Property constitutes the Debtors homestead pursuant to Florida Constitution Article X, §4; and f. As a result, Defendant’s judgment liens did not attach to the Lilge Circle property. Florida Constitution Art. X, §4. 6. The purchasers under the Sale Agreement is purchasing the Real Property in good faith and is entitled to the protection of §363(m) of the Bankruptcy Code. WHEREFORE, Movants prays for an order: Case 14-30215-JCO Doc 227 Filed 07/11/16 Page 5 of 26 1) granting the Motion and authorizing the Debtors to sell the property free and clear of the liens and interests, as set forth herein, with same, if valid, to attach to the proceeds; 2) authorizing the Debtors to pay $500,000.00 to Compass Bank; and 3) for a determination that the Buyers upon closing is entitled to the benefit and protection of §363(m) of the Bankruptcy Code, 4) for authority to execute and modify terms, so long as modifications are not material, of all documents necessary to consummate the sale; and 5) for such other and further relief as is just and proper. /s/ John E. Venn, Jr. JOHN E. VENN, JR., P.A. FL Bar No. 184992 220 W. Garden St., #603 Pensacola, FL 32502 (850) 438-0005 [email protected] Case 14-30215-JCO Doc 227 Filed 07/11/16 Page 6 of 26 CERTIFICATE OF SERVICE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to ROBERT POWELL at [email protected], DAVID POWELL at [email protected], GAVIN STEWART at [email protected], ANDREA LYONS at [email protected], WILLIAM KETCHERSID at [email protected], PHILIP BATES at [email protected], JUDSON BRANDT at [email protected], TODD LACOUCEUR at [email protected], KEITH BELL, JR. at [email protected], RICHARD GAAL at [email protected], KEVIN HING at [email protected], JAMES MCCACHREN, III at [email protected], and CHARLES EDWARDS at [email protected] via NEF and to all other creditors and parties in interest on the attached mailing matrix by regular U.S. Mail, this 11th day of July, 2016. /s/ John E. Venn, Jr. JOHN E. VENN, JR. Case 14-30215-JCO Doc 227 Filed 07/11/16 Page 7 of 26 Case 14-30215-JCO Doc 227 Filed 07/11/16 Page 8 of 26 Case 14-30215-JCO Doc 227 Filed 07/11/16 Page 9 of 26 Case 14-30215-JCO Doc 227 Filed 07/11/16 Page 10 of 26 Case 14-30215-JCO Doc 227 Filed 07/11/16 Page 11 of 26 Case 14-30215-JCO Doc 227 Filed 07/11/16 Page 12 of 26 Case 14-30215-JCO Doc 227 Filed 07/11/16 Page 13 of 26 Case 14-30215-JCO Doc 227 Filed 07/11/16 Page 14 of 26 Case 14-30215-JCO Doc 227 Filed 07/11/16 Page 15 of 26 Case 14-30215-JCO Doc 227 Filed 07/11/16 Page 16 of 26 Case 14-30215-JCO Doc 227 Filed 07/11/16 Page 17 of 26 Case 14-30215-JCO Doc 227 Filed 07/11/16 Page 18 of 26 Case 14-30215-JCO Doc 227 Filed 07/11/16 Page 19 of 26 Case 14-30215-JCO Doc 227 Filed 07/11/16 Page 20 of 26 Label Matrix for local noticing Case 14-30215-JCO Bank of the Doc South 227 Filed 07/11/16 Page Beach 21 ofCommunity 26 Bank 1129-3 C/O Robert J. Powell, Esq. c/o Carver Darden Case 14-30215-JCO Post Office Box 13010 Attn: Robert S. Rushing Northern District of Florida Pensacola, FL 32591-3010 801 W. Romana Street Pensacola Suite A Fri Jun 10 09:32:51 EDT 2016 Pensacola, FL 32502-4628 Keith L. Bell Jr. Shan R Cecilio William Charles Clary III Clark, Partington, Hart 944 Bruen Street c/o Ward and Ketchersid, PA 106 East College Ave., Suite 600 St. Augustine, FL 32084-1033 Attn: David L. Powell Tallahassee, FL 32301-7721 1241 Airport Rd., Ste H Destin, FL 32541-2954 Compass Bank (Real Esstate/Other) Emmanuel, Sheppard & Condon, P.A. Estate of Charles Clary c/o Ascension Capital Group 30 S. Spring Street c/o William Scott Foster P.O. Box 201347 Pensacola, FL 32502-5612 909 Mar Walt Dr Arlington, TX 76006-1347 Suite 1014 Fort Walton Beach, FL 32547-6757 First City Bank of Ft. Walton First Exchange Bank, a division of Farmers E Florida Dept. of Labor/Employment Security c/o Philip A. Bates, PA c/o Judson C. Brandt, Esquire c/o Florida Dept. of Revenue P.O. Box 1390 Post Office Box 13010 P.O. Box 6668 Pensacola, FL 32591-1390 Pensacola, FL 32591-3010 Tallahassee, FL 32314-6668 Florida Dept. of Revenue Gulf Coast Community Bank Hancock Bank Bankruptcy Unit 40 North Palafox Street c/o Keith L. Bell, Jr. P.O. Box 6668 Pensacola, FL 32502-5626 Clark, Partington, Hart Tallahassee, FL 32314-6668 106 East college Ave. Suite 600 Tallahassee, FL 32301-7721 Richard Linton Martha S. Pullum William A. Pullum c/o Robert J. Powell, Esq. 9271 Lilge Cir. 9271 Lilge Cir. Post Office Box 13010 Navarre, FL 32566-2934 Navarre, FL 32566-2934 Pensacola, FL 32591-3010 Leigh Rossi SE Property Holdings, LLC Santa Rosa County Tax Collector Pullum Real Estate Group c/o Richard M. Gaal Attn: Delinquent Tax Department 8052 Navarre Parkway McDowell Knight Roedder and Sledge, LLC 6495 Caroline Street, Ste E Navarre, FL 32566-7550 P.O. Box 350 Milton, FL 32570-4592 Mobile, AL 36601-0350 Trustmark National Bank U.S. Attorney (Pensacola Office) U.S. Attorney (Tallahassee Office) c/o Robert J. Powell 21 E. Garden Street #400 111 N. Adams Street Clark Partington Hart Pensacola, FL 32502-5675 Fourth Floor 125 W. Romana St., #800 Tallahassee, FL 32301-7736 Pensacola, FL 32502-5856 U.S. Bank National Association (successor to (p)U S SECURITIES AND EXCHANGE COMMISSION Daniel A. Wakley Kevin L. Hing ATLANTA REG OFFICE AND REORG c/o Robert J. Powell, Esq. Shapiro, Fishman and Gach, LLP 950 E PACES FERRY RD NE STE 900 Post Office Box 13010 4630 Woodland Corp. Blvd, Suite 100 ATLANTA GA 30326-1382 Pensacola, FL 32591-3010 Tampa, FL 33614-2429 *Bank of the South *BankTrust *Beach Community Bank P. O. Box 3229 7700 Hwy. 98 West Attn: Sasha L. Eastburn Pensacola, FL 32516-3229 Santa Rosa Beach, FL 32459-3271 17 SE Eglin Pkwy.
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