![]() ![]() (2) If not, does that search consist of all names in the filing office’s database, which the user can browse to using the command tabs displayed on the initial page? ![]() (1) Is the “search of the records of the filing office under the debtor’s correct name, using the filling office’s standard search logic,” as provided for by Florida Statute § 679.5061(3), limited to or otherwise satisfied by the initial page of twenty names displayed to the user of the Registry’s search function? In light of that, and the importance of the issue to debtors and creditors, the court certified to the Florida Supreme Court the following questions: On appeal, the Eleventh Circuit, in an opinion written by Judge Lagoa, noted that different bankruptcy courts have reached different conclusions about the scope of the term “search” as used in the relevant Florida statute. The bankruptcy court held that the misnomer on Live Oak’s financing statements was not “seriously misleading,” and that the statements were therefore effective, based on its finding that the search results from the Registry “appear to include more than the initial page displayed.” The district court affirmed. To find the debtor’s correct name, the searcher would have to click the “PREVIOUS” link to go to the immediately preceding 20 names on the Registry’s list. Live Oak had filed UCC-1 financing statements with the Florida Secured Transaction Registry, but the statements misidentified the debtor as “1944 Beach Blvd., LLC” instead of “1944 Beach Boulevard, LLC.” As a result, a search of the Registry using the name on the financing statement would bring up a page of 20 entries, but the debtor’s correct name was not among them. The case began in bankruptcy court, where 1944 Beach Boulevard, LLC, as debtor-in-possession, filed a complaint to avoid a purported blanket lien on its assets by Live Oak Banking Company. (In re NRP Lease Holdings, LLC), 2021 U.S. But how much of a search is required? The Eleventh Circuit certified that question to Florida’s Supreme Court in 1944 Beach Boulevard, LLC v. Fla., Sept.Posted on in Commercial Law and Business Torts | Comments Off on A Debtor by Any Other Name? Court Certifies Question to Florida Supreme Courtįlorida law provides that a UCC-1 financing statement is “seriously misleading” if it does not include the debtor’s correct name, unless “a search of the records of the filing office under the debtor’s correct name, using the filing office’s standard search logic, if any, would disclose” the financing statement notwithstanding the misnomer. Subsequent History: Related proceeding at United States v. DAVID WILLIAMS, JANET BRIDLEY, and FLORIDAUCC, INC., Defendants. Read The Full Case Not a Lexis Advance subscriber? Try it out for free.įull case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.Ĥ76 F. FloridaUCC maintains a log of all incoming mail that contains UCC filings and the payment of UCC filing fees. The Secured Transaction Registry is designed to provide the public with notice of consensual liens given by debtors to creditors. is a Florida corporation which maintains the Florida Secured Transaction Registry on behalf of the Florida Secretary of State. United States Attorney Paul Perez is the United States Attorney for the Middle District of Florida, but it is not disputed that he was not directly involved in any aspect of the prosecution of Defendant David Williams. Assistant United States Attorney Matthew Perry was the prosecutor who conducted the trial of Defendant Williams and who initiated the above-referenced forfeitures of property. United States District Court Judge John Antoon II presided over the criminal trial and sentencing of Defendant David Williams. Additionally, property owned, used, or held as nominee by Defendant Janet Bridley, an unindicted coconspirator in the criminal case, 1 was forfeited or sought to be forfeited as part of the separate criminal prosecution in the case of United States v. As a result of his conviction, a number of items of property belonging to David Williams, or those associated with him, were forfeited as part of the criminal case. Williams was ultimately sentenced to prison and has remained in custody since at least that date. On June 13, 2001, Defendant David Williams was tried and convicted of various narcotics offenses in this Court in the case of United States of America v. Affidavit of Specific Negative Averment, filed by Defendant Janet Bridley on January 18, 2007. Table of Contents of Exhibits to Statement, filed by Defendant David Williams on Janu(Doc. Statement, filed by Defendant David Williams on Janu(Doc. Motion for Summary Judgment and Permanent Injunction, filled by Plaintiff United States of America on Decem(Doc. This case comes before the Court on the following:ġ. United States District Court for the Middle District of Florida, Orlando Division ![]()
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