Notice of Chapter 7 Bankruptcy Case, Meeting of Creditors, & Deadlines
Poitier Funeral Home
232 NW 62nd St
Miami, FL 33147
Estimated liabilities: $500,001 – $1 million
On June 17, 2010, Lush an obtained a Final Judgment of Foreclosure, attached hereto as Exhibit 3, and he was found to be due from Poitier $501,000 in principal, $82,370.41 in interest to and including the date of the Final Judgment, $2,224.75 in title search and other costs, and $2,765.00 in attorneys’ fees, totaling at $683,915.05 (the “Judgment Amount”), which amount does not include the interests and fees/costs that have accrued since the entry of the Final Judgment of Foreclosure.
The initial foreclosure sale of the Poitier Property was set for September 1, 2010, and just two weeks before the scheduled sale, on August 17, 2010, Poitier filed a Chapter 13 Voluntary Petition under case no. 10-34158-AJC.
Lushan asserted that Poirier’s Chapter 13 Petition constituted a “bad faith filing” and was granted stay relief on an emergency basis on August 31, 2010, but the foreclosure sale could not be reinstated in time. Meanwhile, Poitier never filed any Schedules, Plans, Statements of Financial Affairs or Monthly Income, or any other required documents to support his Chapter 13 Petition, and that case was accordingly dismissed with prejudice on October 15, 2010.
The foreclosure sale of the Poitier Property was rescheduled for October 22, 2010. And that morning-on October 22, 2010-Poitier Funeral Home filed a Chapter 7 Voluntary Petition [ECF No. 1] and caused the foreclosure sale to be cancelled once again.
To be clear, Debtor currently has no claim or interest in the Poitier Property as any claim or interest in Debtor’s capacity as a tenant has been foreclosed upon, and it also has submitted in an abundance of caution, Lushan believes and asserts in good faith that subject foreclosure action is not actually stayed under 11 U.S.C. § 362 by the commencement of this case and that Poitier Funeral Home lacks standing to enforce the automatic stay to prevent the foreclosure sale from proceeding forward.
FOR VALUE RECEIVED, the undersigned BERNARD C. POITIER, (the “Maker”) promises to pay to DANIEL LUSHAN his successors or assigns (the “Payee”), in the manner hereinafter specified, the principal sum of FIVE HUNDRED ONE THOUSAND AND N0/100 DOLLARS, ($501,000.00) with interest from date at the rate of THIRTEEN percent (13%), per annum, on the balance from time to time remaining unpaid. The said principal and interest shall be payable in lawful money of the United States of America at 7532 Valencia Drive, Boca Raton, Florida 33433, or at such place as may hereafter be designate in written notice from the holder to the Maker hereof.
Terms of Payment: One year’s interest of $65,130.00 shall be paid in advance at closing. The balance shall be paid Interest only due and payable in arrears in equal monthly installments of Five Thousand Four Hundred Twenty-seven and 50/100 ($5,427 .50) on the 16th day of the month for 48 consecutive months beginning 7/16/2007 untiiG/16/2011 at which time the entire remaining principal balance and all accrued and unpaid interest shall be due and payable.
THIS MORTGAGE, (sometimes referred to as “Security Instrument”) is made on June 16, 2006 by: BERNARD C. POtTIER; (Borrower or Mortgagor), whose address is: 2321 NW 62nd Street, Miami, Florida 33142; and for consideration paid, is granted to Daniel Lushan (Lender or Mortgagee), Address: 7532 Valencia Drive, Boca Raton, Florida 33433, with the mortgage covenants set forth herein to secure the payment of the principal sum of FIVE HUNDRED ONE THOUSAND DOLLARS and xx/1 00 ($501,000.00). This indebtedness is evidenced by Borrower’s Promissory Note and/or Guaranty of even date herewith (herein “Note”), providing for installments at the times, in the manner and with interest as set forth within said Note. The property encumbered is legally described as follows:
Poitier lives in Miami, yet he’s a Pompano Commissioner?
L.C. Poitier Funeral Home is accused of placing the infants in plastic bags and burying them together in a shallow hole in Westview Cemetery in Pompano Beach. In the suits filed in Broward County Circuit Court on Wednesday, Smith and Robinson say the funeral home received $100 for each baby, for cremation.
He’s had surprises like this before. Poitier was chairman of the city’s public housing agency when, in 2004, it was busted by the FBI and Broward Sheriff’s Office for stealing roughly $1 million from the federal government that was supposed to go to low-income housing programs. A number of Housing Authority staffers went to jail, but its chairman stayed above the fray.
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