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Bankruptcy Judge Grants Relief from Automatic Stay after Multiple Improper Bankruptcy Filings

By Tracy M. Evans, Associate, Saxon, Gilmore, Carraway & Gibbons, P.A.

An order granting relief from the automatic stay issued on June 14, 2013, by the Southern District of Florida Bankruptcy Judge, Laurel M. Isicoff, constitutes a victory for a secured creditor who had faced multiple delays to a foreclosure sale caused by improper bankruptcy filings of Miami developer, Renzo Renzi. Renzi filed the Chapter 7 bankruptcy petition on behalf of Beacon Developer Partners, LLC (“Beacon”) without an attorney and without the requisite corporate authorization on June 6, 2013, one day prior to the scheduled foreclosure sale.

Tevans2-cropped-sThe final judgment of foreclosure involving several properties was entered in December 2012 against Beacon and several other related entities, all owned or partially owned by Renzi. A joint foreclosure sale of the properties was subsequently scheduled for January 31, 2013. Prior to the sale, Renzi filed for bankruptcy on behalf of one of the entities, Beacon at Brickell Village, LLC, preventing the joint foreclosure sale from proceeding. In March, Judge Isicoff granted relief to the secured creditor from the automatic stay, indicating that if Renzi filed another bankruptcy on behalf of another entity subject to the final judgment of foreclosure, she would hear a motion for relief from the stay on an emergency basis. Upon Renzi’s most recent bankruptcy filing on behalf of Beacon, Judge Isicoff granted the secured creditor’s request for emergency relief.

Renzi has a history of improper bankruptcy filings. Since 2008, Renzi has filed 6 bankruptcy petitions on behalf of various entities either without an attorney, without evidence of corporate authority to file the cases, or without complying with deadlines or filing requirements. Renzi also filed a pro se personal bankruptcy in 2011, which resulted in a prompt dismissal after his failure to comply with statutory filing requirements. Judge Isicoff’s June 14th order found Renzi’s multiple bankruptcy filings to be “part of a scheme to delay, hinder or defraud creditors.” In addition to granting the secured creditor relief from the automatic stay, the Judge also prohibited Renzi from filing any further bankruptcy petitions on behalf of business entities without an attorney.

 

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