IN RE 8699 BISCAYNE, LLC

Bankruptcy No. 08-22814-BKC-AJC. Adversary No. 08-1749-BKC-AJC-A.

465 B.R. 901 (2011)

In re 8699 BISCAYNE, LLC, Debtor. 8699 Biscayne, LLC, Debtor in Possession, Plaintiff, v. Indigo Real Estate, LLC, as assignee of WESTLB AG, & WESTLB AG, a Foreign Corporation Builderfinancial, Corp., a Florida corporation Builder Funding, LLC, a Delaware limited liability company, BFSPE, LLC, a Delaware limited liability company, BFWEST, LLC, a Delaware limited liability company, Defendants.

United States Bankruptcy Court, S.D. Florida, Miami Division.

September 6, 2011.


Attorney(s) appearing for the Case

James W. Carpenter , Angelo & Banta, P.A., Fort Lauderdale, FL, for Defendants.


MEMORANDUM ORDER GRANTING DEFENDANTS', BFWEST, LLC, BFSPE, LLC, BUILDER FUNDING, LLC AND BUILDERFINANCIAL CORP.'S MOTION FOR SUMMARY FINAL JUDGMENT ON USURY ISSUES AND DENYING PLAINTIFF, 8699 BISCAYNE, LLC'S CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT AND SUPPLEMENTAL MOTION FOR FINAL SUMMARY JUDGMENT ON COUNT III USURY

A. JAY CRISTOL, Bankruptcy Judge.

THIS CAUSE came before the Court for hearing on June 20, 2011 upon Defendants', BFWEST, LLC, BFSPE...

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