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To: scion who wrote (4576)	1/13/2011 3:10:03 PM
From: scion	Read Replies (2) \| Respond to of 53574

01/11/2011 67 Emergency Verified Motion to Compel Release of Assets in Excess of Unsecured Claims. Filed by Eric A Lanigan on behalf of Debtor Roy Thomas Kidd (Lanigan, Eric) Modified on 1/12/2011 (Miller, Karla). (Entered: 01/11/2011) Doc 67 PDF file docstoc.com OCR extract: EMERGENCY VERIFIED MOTION TO COMPEL RELEASE OF ASSETS IN EXCESS OF UNSECURED CLAIMS COMES NOW Roy Thomas Kidd (the "Debtor"), by and through his undersigned attorney, and moves this Court for the entry of an order releasing assets held in the bankruptcy estate in excess of the unsecured debts, and as grounds therefore would show: 1. On August 27, 2010, the Debtor, a married man, individually filed a Voluntary Petition under Chapter 7 [Doc. # 1] in this cause. 2. Debtor listed on Sch. F [Doc. # 15] a stock brokerage account with Maxim Group (the "Maxim account") as an exempt asset based on tenancy by entirety ownership with his non-filing spouse. [1] [1] The Trustee has objected to the exemption and the matter is set for evidentiary hearing on Feb. 25, 2011. 3. The current value assets held in the Maxim account are cash in the amount of $1,336,644.00, and various negotiable securities with a current market value of $1,227,222. The Debtor's total unsecured debt amounts to $796,055.46 [Doc. #15, Sch. F). 4. On or about December 15, 2010, counsel for the Debtor and counsel for the Trustee agreed in principle to the release from the bankruptcy estate of such assets over and above an amount reasonably required to protect the interests of all creditors holding unsecured debts. 5. The Debtor has continuously and repeatedly requested from the trustee a designation of such amount ofthe cash in the Maxim account that he believes reasonable and necessary to protect the interests ofthe creditors holding unsecured claims and to then release from the bankruptcy estate the excess. 6. The Debtor is in dire need of access to the excess funds in the Maxim account to engage in his regular business activities. Without access to those funds being unreasonably held in the bankruptcy estate, the Debtor stands to suffer irreparable financial losses and lost business opportunities that are extremely time sensitive. Further, the Debtor is in need of the said excess assets in order to meet certain personal financial obligations and commitments, such as payment of college tuition. Without access to the excess funds, the Debtor and his non-filing spouse are being forced to withdraw funds from the non-filing spouses retirement plans, and suffer the consequent fmancial losses. 7. The further retention of assets over and above such amount as is necessary to protect the interests of all ofDebtor's oosecured creditors is unnecessary, unreasonable, and contravenes the fundamental fresh start principle. WHEREFORE the Debtor respectfully requests the entry of an order compelling the trustee to release from the bankruptcy estate all assets in excess of the amount of the Debtor's unsecured debts. VERIFICATION I declare under penalty of perjury that I have read the foregoing and that it is true and correct to the best of my knowledge, information, and belief. s/s Roy Thomas Kidd

To: scion who wrote (4576)	2/1/2011 11:09:00 AM
From: scion	Read Replies (1) \| Respond to of 53574

Pacer update 30 Jan 11 - 10 Roy Thomas Kidd Ch 7 Voluntary Bankruptcy Petition #: 6:10-bk-15274-KSJ Debtor discharged: 01/10/2011 ecf.flmb.uscourts.gov Filing Date # Docket Text 01/29/2011 77 BNC Certificate of Mailing - PDF Document. (related document(s) (Related Doc # 76 )). Service Date 01/29/2011. (Admin.) (Entered: 01/30/2011) 01/26/2011 76 Amended Order Granting Access to Safe Deposit Box and Removal of Designated Items (related document(s) 75 , 72 , 59 , 62 ). Signed on 1/26/2011 (Moyet, Maggie) (Entered: 01/27/2011) 01/24/2011 75 Motion to Amend Order Granting Access to Safe Deposit Box and Removal of Designated Items Filed by Eric A Lanigan on behalf of Debtor Roy Thomas Kidd (related document(s) 72 ). (Lanigan, Eric) (Entered: 01/24/2011) 01/23/2011 74 BNC Certificate of Mailing - PDF Document. (related document(s) (Related Doc # 72 )). Service Date 01/23/2011. (Admin.) (Entered: 01/24/2011) 01/21/2011 73 BNC Certificate of Mailing - Notice of Hearing (related document(s) (Related Doc # 71 )). Service Date 01/21/2011. (Admin.) (Entered: 01/22/2011) 01/21/2011 72 Order Granting Motion To Access Safe Deposit Box and Removal of Designated Items (Related Doc # 62 ). Signed on 1/21/2011. (Miller, Karla ) (Entered: 01/21/2011) 01/19/2011 71 Notice of Evidentiary Hearing on Emergency Verified Motion to Compel Release of Assets in Excess of Unsecured Claims (related document(s) 67 ). Hearing scheduled for 2/15/2011 at 02:00 PM at Orlando, FL - Courtroom B, 5th Floor, 135 W. Central Boulevard. (Miller, Karla) (Entered: 01/19/2011) U.S. Bankruptcy Court Middle District of Florida (Orlando) Bankruptcy Petition #: 6:10-bk-15274-KSJ Assigned to: Karen S. Jennemann Chapter 7 Voluntary No asset Date filed: 08/27/2010 Debtor Roy Thomas Kidd 432 Valley Stream Dr Geneva, FL 32732 SSN / ITIN: xxx-xx-2021 represented by Eric A Lanigan Lanigan & Lanigan, PL 831 W. Morse Blvd Winter Park, FL 32789 (407) 740-7379 Fax : (407) 740-6812 Email: ecf@laniganpl.com Trustee Emerson C Noble Post Office Box 195008 Winter Springs, FL 32719-5008 (407) 628-9300 U.S. Trustee United States Trustee - ORL7 135 W Central Blvd., Suite 620 Orlando, FL 32801 407-648-6301 ecf.flmb.uscourts.gov