HomeMy WebLinkAbout1993 03 24 Court Document - Appeal Tax IssueFRESE, NASH & TORPY, P.A.
ATTORNEYS AT LAW
GARY B. FREsEt
CHARLES IAN NASH'
VINCENT G. ToRPY. JR -
RICHARD E. TORPY
GREGORY S. HANSEN
J. PATRICK ANDERSON
LAURA L. ANDERSON
CHARLES A. SCHILLINGER
WILLIAM A. GRIMM
OF COUNSEL
March 24, 1993
Mr. Robert S. McClary
City Manager
City of Sebastian
P.O. Box 780127
Sebastian, FL 32978
Re: General Development
Our File No. 882489.5496
Dear Robb:
930 S. HARBOR CITY BLVD.
SUITE 505
MELBOURNE. FLORIDA 32901
(407) 984-3300
FAX (407) 951-3741
tBOARD CERTIFIED IN
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Enclosed is the most recent information from G.D.C. regarding the
bankruptcy. As you can see, there is currently an appeal involving
certain taxing issues. Again, I do not believe any of this affects
US. However, I wanted to forward this to you for your file.
Sincerely,
FRESE, NASH & TORPY, P.A.
Richard E. Torpy
RET/lb
Enclosure
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UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 90-12231-BKC-AJC
JOINTLY ADMINISTERED
CHAPTER 11
In re
GENERAL DEVELOPMENT
CORPORATION, et ai.,
Debtors.
DESIGNATION OF RECORD AND
STATEMENT OF ISSIIES ON APPEAL
ATLANTIC GULF COMMUNITIES CORPORATION, formerly known
as General Development Corporation ("GDC"), and its debtor -
subsidiaries, Town & Country, II, Inc. ("TCII"), and Five Star
Homes, Inc. ("Five Star"), (GDC, TCII, and Five Star,
collectively the "Debtors"), hereby submit this Designation of
Record and Statement of Issues on Appeal.
STATEMENT OF ISSIIES ON APPEAL
1. Whether it is prohibited discriminatory treatment
under Section 525(a) of the Bankruptcy Code for governmental
units to condition approval of certain platting actions on, or
withhold approval of such actions pending, the payment by the
Debtors of prepetition taxes that have been discharged in the
Debtors' bankruptcy cases.
2. Whether the refusal or threatened refusal of
certain governmental units to approve certain platting actions
unless the Debtors pay in full prepetition secured property taxes
violates the Bankruptcy Court's Order Confirming the Plan of
Reorganization, which prohibits governmental units from
attempting to collect the delinquent taxes other than as provided
in the GDC Plan of Reorganization.
DESIGNATION OF RECORD ON APPEAL
The following items, attached hereto, are designated as
the items of record on appeal:
C.P. Number Date Document
3718 03/27/92 Order Confirming Second Amended Joint Plan of
Reorganization of General Development
Corporation and Second Amended Joint Plan of
Reorganization of General Development
Corporation
4132 05/27/92 Order Confirming Second Modified Second
Amended Combined Plan of Reorganization of
Five Star Homes, Inc.; Five Star Homes Group,
Inc.; Town and Country II, Inc. (fka Florida
Residential Communities, Inc.); General
Development Financial Services, Inc.; and
General Development Resorts, Inc.
4508 09/25/92 Motion for an Order Determining Effect of
Plan of Reorganization on Certain
Administrative Requirements for Platting or
Other Actions Affecting the Reorganized
Debtor's Property
4562 10/08/92 Tax Collectors' Response and Legal Memorandum
in Opposition to Debtor's Motion for an Order
Determining Effect of Plan of Reorganization
on Certain Administrative Requirements for
Platting or Other Actions Affecting the
Reorganized Debtor's Property