The Florida Bar v. Scott W. Rothstein, 2010-50,656 (09B)

11 02 2009 12: 34 F.
U 9545278663
ROTHSTEI\ ROSE\FELDT
ii!)OOl 002
FACSIMILE COVER SHEET
Rotrstem Rosenfeldt Adler
at
TO: Adria E. Quintela, Esq.
FAX NUMBER: 954-835-0133
FROM: Stuart A. Rosenfeldt, Esq.
DATE: November 2. 2009
RE: Scott W. Rothstein
MESSAGE: Please see the attached letter.
# OF PAGES _2 __ (including cover sheet)
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Reply To Las 0185 Cny Centre 401 East Las Olas Surte i650 Fort Flonca 3330' Te+ep"'l,:,'1e 19541 522-3456 =oli. 95452--aEr:
BOCA RATON FORT LAUDERDALE MIAMI NEW YORK CITY TALLAHASSEE WASHINGTON D C VI/EST PA.LM BEAC:J-1
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11 02'2009 12:34 9545278663
Rothstein Rosenfeldt Adler
Attorners at L:;w
VJa Facsimile
Adria E. Quintela
Lake Shore Plaza ll
1300 Concord Terrace
Suite 130
Sunrise, A_ 33323
Fax:
Re: Scott W. Rothstein
Dear Ms. Quintela:

November 2, 2009
'4)002 002
Stu art J>. Rosenfel dt
President
Dtoj 954 315 720.
o"" ccm
Confirming our conversation of a few minutes ago, I am writing to inform the Florida
Bar that I believe my Partner, Scott W. Rothstein, has removed funds from investor
trust accounts in violation of Bar Rules and from IOTA accounts as well. I am making
this self report to comply with my obligations as a member of the Aorida Bar. I am
requesting immediate assistance from the Bar and guidance on how to proceed.
Your immediate attention to this would be greatly appreciated.
Under penalty of perjury I declare the foregoing facts are true correct and complete.
Sincerely,
SAR:agc
Repty Tc Las Olas Crt'l Centre 4() East Las Oias Bculerard Sulle Fort Flo'lda 3:3:301 Tale:mo,e 954, 522. 3450 Fax .954:-2 -see:
BOCA FORT LAUDERDALE MIAMI NEW YORK CITY TA-LAHASSEE WASHINGTON DC WEST PALM 3EACr--
11102;2009 [TX RI 6569]
JOHN F. HARKNESS, JR.
EXECUTIVE DlRECJ'OR
November 2, 2009
THE FLORIDA BAR
LAKE SHORE PLAZA II, SUITE 130
1300 CONCORD TERRACE
SUNRISE, FL 33323
PERSONAL/FOR ADDRESSEE ONLY
Stuart A. Rosenfeldt, Esq.
Rothstein Rosenfeldt Adler
401 East Las Olas Boulevard, Suite 1650
Fort Lauderdale, FL 33301
In Re: Scott W. Rothstein
Dear Mr. Rosenfeldt:
954/835-0233
WWW.FLORJDABAR.OltG
I tried to fax you, but your fax was apparently not available. I am, therefore, mailing you this
Jetter as well as sending you an e-mail version.
I am in receipt of your Jetter regarding Scott W. Rothstein. Please Jet me know if you would like
a bar auditor, investigator, or bar attorney in your office for assistance in this matter or to review
the books to determine the amounts of missing funds.
I also need to receive from you a sworn affidavit detailing specifically the accounts you found
money missing from, the amounts, and any other information that will aid the bar in
investigating this matter.
Please call me should you have any questions or concerns.
Sincerely,
Adria E. Quintela
Chief Branch Discipline Counsel
AEQ/es
IN THE SUPREME COURT OF FLORIDA
THE FLORIDA BAR,
Complainant,
v.
Case No. -----.,.------,--,-
[TFB Case No. 2010-50,656(09B);
SCOTT WALTER ROTHSTEIN,
Respondent.

THE FLORIDA BAR'S PETITION FOR APPROVAL
OF DISBARMENT ON CONSENT
THE FLORIDA BAR, Complainant, pursuant to Rules 3-5.10) and 3-7.9(a),
Rules of Discipline, hereby files this Petition for Approval of Disbarment on
Consent and states as follows:
I. Scott Walter Rothstein has tendered to The Florida Bar a Disbarment
on Consent pursuant to Rules 3-5.10) and 3-7.9(a), Rules of Discipline.
2. Respondent's Disbarment on Consent is attached to the instant petition
for filing.
3. Respondent's Disbarment on Consent was reviewed and approved by
the Board of Governors.
4. Based upon the aforementioned review and pursuant to Rule 3-7.9(a),
Rules of Discipline, Bar Counsel is authorized to
NOV 25 2009

t1
respondent's Disbarment on Consent and the imposition of the following
disciplinary measures:
A. Immediate and permanent disbarment.
5. An itemization of the costs of this proceeding, to date, is as follows:
Administrative fee
Rule 3-7.6(q)(l)(I) .................... $ 1,250.00
TOTAL:
$1,250.00
6. Taxation of costs of this disciplinary proceeding should be assessed
against respondent, with execution to issue plus interest at the prevailing statutory
rate to accme on all costs not paid within thirty (30) days of entry of the Supreme
Court's final order, unless the time for payment is extended by the Board of
Governors.
WHEREFORE, The Florida Bar, Complainant, respectfully petitions this
Court to approve respondent's Disbarment on Consent.
Respectfully submitted,
(}! KENNETH H. P. BRYK
.....:::::=- Bar Counsel
The Florida Bar
1200 Edgewater Drive
Orlando, Florida, 32804-6314
( 407) 425-5424
Attorney No. 164186
2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that the original of the foregoing Petition for
Approval ofDisbannent on Consent was mailed to the Honorable Thomas D. Hall,
Clerk, Supreme Court of Florida, 500 South Duval Street, Tallahassee, Florida
32399; a true and correct copy was mailed to Marc S. Nurik, Counsel for
Respondent, One East Broward Boulevard, Fort Lauderdale, Florida 33301-1806;
and to Kenneth Lawrence Marvin, Staff Counsel, The Florida Bar, 651 East
Jefferson Street, Tallahassee, Florida 32399-2300, this J11h day of November,
2009.
~ Kenneth H. P. Bryk
~ Bar Counsel
3

In re:
ORDER OF DISBARMENT OF
ATTORNEY SCOTT WALTER ROTHSTEIN
FLORIDA BAR #765880
- - - - - - - - - - - - - - - - - - - - - - - - ~ '

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
ADMINISTRATIVE ORDER 2010-6
FILED by D.C.
FEB I 9 2010
STEVEN M. LARIMORE
~ R K U.S. DIST. CT.
The Supreme Court of Florida has permanently disbarred the above-named attorney from
practicing law in Florida, effective immediately, following an order dated November 25, 2009. On
or about December 28, 2009, Mr. Rothstein was served by mail at his court record address with an
Order to Show Cause why this Court should not impose the same discipline, accompanied by the
Supreme Court of Florida's Order of Disbarment. Mr. Rothstein's counsel has filed a Response to
Order to Show Cause indicating that "Scott Walter Rothstein does not oppose the imposition of
discipline by this Court identical to that entered by the Supreme Court of Florida." In light of that
background, and pursuant to the Rules Governing Attorney Discipline, United States District Court,
Southern District of Florida:
IT IS ORDERED that said attorney be disbarred from practice in this Court, effective
immediately.
IT IS FURTHER ORDERED that the Clerk of Court shall strike Scott Walter Rothstein from
the roll of attorneys for the United States District Court for the Southern District of Florida. The
Clerk shall also immediately revoke Mr. Rothstein's CM/ECF password.
IT IS FURTHER ORDERED by this Court that said attorney advise the Clerk of the Court
of all pending cases before this Court in which he is counsel or co-counsel of record.

IT IS FURTHER ORDERED by this Court that the Clerk of Court mail Scott Walter
Rothstein and his counsel a copy of this Order of Disbarment.
DONE AND ORDERED in Chambers at Miami, Miami-Dade County, Florida, this I <).A---
day of February, 2010.
c: Honorable Joel F. Dubina, Chief Judge, Eleventh Circuit
All Miami Eleventh Circuit Court of Appeals Judges
All Southern District Judges
All Southern District Magistrate Judges
United States Attorney
Circuit Executive
Federal Public Defender
Clerk of Court
Clerk of Court, II lh Circuit
National Lawyer Regulatory Data Bank
Florida Bar
Attorney Admissions Clerk
Library
Scott Walter Rothstein, c/o Marc S. Nurick, Esq., One East Broward Boulevard, Suite 700,
Ft. Lauderdale, FL 33301
Mr. Marc S. Nurik
1 E Broward Boulevard
Suite 700

THE FLORIDA BAR
651 EAsT JEFFERSON STREET
TALLAHASSEE, FL 32399-2300
March 9, 2010
Fort Lauderdale, FL 33301-1876
Re: The Florida Bar v. Scott Walter Rothstein
TFB File No. 2010-50,656(9B)
Dear Mr. Nurik:

850/561-5600
WWW.FLABAR.ORG
The Supreme Court entered a judgment for costs against your client in the above-referenced
matter. Attached is a copy of the order which has now been recorded with the Clerk of Court.
We are closing your client's file with this office and noting non-payment of disciplinary costs.
Your client has failed to submit an affidavit in compliance with rule 3-5.1 (g), Rules Regulating
The Florida Bar. Failure to comply with the court order in this case will bear on any petition for
readmission that your client may pursue and we urge him to correct this deficiency.
Please do not hesitate to contact me at (850) 561-3186 should you have any further questions.
Sincerely,
i!!Mo- c . . h o 4 ~
Lisa Chason, Legal Secretary
Lawyer Regulation Headquarters
cc: Mr. Kenneth H. P. Bryk, Bar Counsel, Orlando Branch Office
PUBUC PECORD

CFN# 109136829
.C... . ftf t f '), OR BK 46860 Pages 272. 272
e:vuprtmt o .JJ ortua
DEPUTY CLERK 3405
#1, 1 Pages
WEDNESDAY, NOVEMBER 25, 2009
CASE NO.: SC09-2146
Lower Tribunal No(s).: 20 I 0-50,656(09B)
THE FLORIDA BAR vs. SCOTT WALTER ROTHSTEIN
Complainant( s) Respondent(s)
The Disbarment on Consent is approved and respondent is permanently
disbarred. Pursuant to the Disbarment on Consent respondent has already ceased
practicing law, therefore the permanent disbarment is effective immediately.
Respondent is further directed to comply with all other terms and conditions
set forth in the Disbarment on Consent.
Judgment is entered for The Florida Bar, 651 East Jefferson Street,
Tallahassee, Florida 32399-2300, for recovery of costs from Scott Walter Rothstein
in the amount of $1 ,250.00, for which sum let execution issue.
Not final until time expires to file motion for rehearing, and if filed,
determined. The filing of a motion for rehearing shall not alter the effective date of
this permanent disbarment.
A True Copy
Test:
@I
Clerk Supreme Com1:
CIC
Served:
KENNETH LAWRENCE MARVIN
KENNETH H.P. BRYK
MARC S. NURIK

PUBLIC RECORD
JoHN F.liARKNESs, JR.
EXECUTIVE DIREcroR
County Records Division
RECORDING SECTION
P.O. Box 14668

Re: Recording Documents
Dear Clerk's Office:
THE FLORIDA BAR
651 EAST JEFFERSON STREET
February 1, 2010

850/561-5600
WWW.FLABAR.ORG
Enclosed is an original order from the Supreme Court of Florida to be recorded in the court.
Also, enclosed is a check in the amount of $10.00 for filing fees. Please record the attached
document and return it in the enclosed self-addressed, stamped envelope.
Name
Scott Walter Rothstein
TFB FileNo.
2010-50,656 (9B)
Fee
$10.00
~
Judgment
Please note, the electronic seal is the original seal of the Supreme Court as explained in the letter
from Thomas D. Hall, dated February 1, 2001.
Thank you for your assistance in this matter. If you have any questions regarding the enclosed
information, please contact me at (850) 561-5774.
Sincerely,
~ c . h a 4 .....
Lawyer Regulation Headquarters
Enclosure
PUBLiC RECORD

(!Court of jflortba
WEDNESDAY, NOVEMBER 25, 2009
CASE NO.: SC09-2146
Lower Tribunal No(s).: 2010-50,656(09B)
THE FLORIDA BAR vs. SCOTT WALTER ROTHSTEIN
Complainai1t(s) Respondent(s)
The Disbarment on Consent is approved and respondent is permanently
disbarred. Pursuant to the Disbarment on Consent respondent has already ceased
practicing law, therefore the permanent disbarment is effective immediately.
Respondent is further directed to comply with all other terms and conditions
set forth in the Disbarment on Consent.
Judgment is entered for The Florida Bar, 651 East Jefferson Street,
Tallahassee, Florida 32399-2300, for recovery of costs from Scott Walter Rothstein
in the amount of $1 ,250.00, for which sum let execution issue.
Not final until time expires to file motion for rehearing, and if filed,
determined. The filing of a motion for rehearing shall not alter the effective date of
this permanent disbarment.
A True Copy
Test:

wmas D. Hall
Clerk Supreme CoUJt
CIC
Served:
KENNETH LAWRENCE MARVIN
KENNETH H.P. BRYK
MARC S. NURIK
JOHN F. HARKNESS, JR.
EXECUTIVE DIRECTOR
Mr. Marc S. Nurik

THE FLORIDA BAR
651 EAST JEFFERSON STREET
December 28, 2009
One East Broward Boulevard, Suite 700
Fort Lauderdale, FL 33301-1876

850/561-5600
WWW,FLORIDABAR.ORG
Re: The Florida Bar v. Scott Walter Rothstein; TFB File No. 2010-50,656(9B)
Dear Mr. Nurik:
Your December 21,2009, letter concerning Mr. Rothstein was referred to me. Please understand
that the letter you received from Ms. Chason is mostly a form letter and does not take into
account the unique circumstances affecting your client.
As to the $1,250.00 costs, we do not currently institute any collection activities in reference to
costs that are owed to us by disciplined lawyers, however we routinely record judgments in the
county in which the former attorney is domiciled.
As to compliance with rule 3-S.l(g) your point is well taken, nonetheless I cannot waive a
Supreme Court rule. If your client does not have the ability to comply with rule 3-S.l(g), then he
will not be held accountable for non compliance.
I also understand that your client does not have access to any of the documents relating to the
trust accounts of RRA, and therefore is not able to comply with any audits. If the need arises for
The Florida Bar to contact your client, we will do so through you so it is not necessary for him to
keep an updated address with us.
I hope that this letter answers you questions, but if it does not or if any more arise, please feel
free to communicate directly with me.
Sincerely,
\ G ~ ~
I
Kenneth Lawrence Marvin, Director
Lawyer Regulation
/aas
cc: Mr. Kenneth H. P. Bryk, Bar Counsel, Orlando Branch Office
p J I ~ I It: pt"'t\01\
' --

LAW OFFICES OF MARC S. NURIK
One East Broward Boulevard, Sutte 700 I Fort Lauderdale, FL 33301 I TeL 954-745-5849 I Fax: 954-745-3556 I marc@nunklaw.com
Lawyer Regulation
The Florida Bar
651 East Jefferson Street
Tallahassee, FL 32399-2300
December 21, 2009
Re: Scott Walter Rothstein
TFB File No. 2010-50,656(9B)
Dear Ms. Chason:
As counsel for Scott Walter Rothstein, I am responding to your letter dated
December 1, 2009 requesting that Mr. Rothstein submit certain information and take
certain steps pursuant to his disbarment effective November 25, 2009.
As you may know, Mr. Rothstein has been charged with certain federal offenses
and is presently pre-trial detained at the Federal Detention Center in Miami. In
addition, on or about November 16, 2009, Mr. Rothstein entered into a Consent to
Forfeiture Agreement with the Government turning over his r i ~ h t , title, and interest to
all of his assets and is presently without funds to pay any fines.
Furthermore, all of the matters which have formed the basis for Mr. Rothstein's
disbarment have been the subject of an extensive investigation by the United States
Attorney's Office for the Southern District of Florida as well as by numerous Federal
Agencies including the Federal Bureau of Investigation and the Internal Revenue
Service. In addition, concurrently, a Trustee was appointed in the Chapter 11
Bankruptcy of Rothstein Rosenfeldt Adler, who along with his counsel, the law firm of
Berger Singerman, and his special counsel, the law firm of Genovese Joblove and
Battista, have conducted extensive audits of the trust accounts in question.
As such, not only is Mr. Rothstein presently unable, due to his incarceration and
destitute financial status, to comply with the requests in your letter, but more
importantly, the items requested would seemingly be unnecessary and a waste of State
resources given the substantial Government and Trustee investigations and audits
currently underway.
1
We are currently attempting to determine how Mr. Rothstein can pay the costs assessed in this matter.
December 21, 2009
Page 2

Finally, with respect to Rule 3-S.l(g), my client, for the reasons stated above,
has no access to any records regarding former clients, opposing counsel or the Courts
involved. Moreover, it is inconceivable given the unprecedented daily media attention
to this matter in the last six weeks
2
that any former client, opposing counsel and/or
Court would be unaware of Mr. Rothstein's circumstances and, in particular, his
disbarment.
Please understand it is not that Mr. Rothstein is unwilling to comply with your
requests, but rather as pointed out above, is simply unable to.
I look forward to receiving your comments on this matter with the ultimate goal
of serving the Bar's interests with economy of effort and expense.
Thank you.
2
Daily articles in the Miami Herald, Fort Lauderdale Sun-Sentinel and Broward Review, and numerous
blog sites, several articles in the New York Times and Wall Street Journal, in addition to numerous
television news reports.
Case 09-34791-RBR Doc 1060 Filed 10/13/10
Form CGFCRD3A (9119/08)
In re:
Rothstein Rosenfeld! Adler, PA
6600 NW 16 St #11
Plantation, FL 33313
EIN: 01-0587961
United States Bankruptcy Court
Southern District of Florida
www.flsb.uscourts.gov
NOTICE OF HEARING
CE!VED
' '1' 1 ', " 0
NOTICE IS HEREBY GIVEN that a hearing will be held on November 8, 2010 at 09:30AM, at the
following location:
U.S. Courthouse
299 E Broward Blvd #308
Ft Lauderdale FL 33301
to consider the following:
Marcum Rachlin, a division of Marcum LLP Application for Interim Compensation for John L. Heller,
Accountant, Period: 2/15/2010 to 9/30/2010, Fee: $20,178.00, Expenses: $.08. Filed by Accountant
John L. Heller.
THIS MA TIER HAS BEEN SCHEDULED FOR A TEN MINUTE HEARING. IF YOU REQUIRE MORE
TIME YOU MUST CONTACT THE COURTROOM DEPUTY IMMEDIATELY FOR A SPECIAL SETTING.
This matter has not been scheduled as an evidentiary hearing. If you require an evidentiary hearing,
the currently scheduled hearing will be treated as a preliminary hearing. Contact the courtroom deputy,
Edy Gomez at 19541 769-5765 to schedule a final evidentiary hearing.
THE MOVANT, (OR MOVANT'S COUNSEL if represented by an attorney) SHALL SERVE A COPY OF
THIS NOTICE OF HEARING and, unless previously served, the above-described pleading on all required
parties within the time frames required by the Bankruptcy Rules, Local Rules, or orders of the Court, and
shall file a certificate of service as required under Local Rules 2002-1 (F) and 9073-1 (B). Any party who
fails to properly serve any pleadings or other paper may be denied the opportunity to be heard thereon. All
moving or objecting parties shall bring to the hearing proposed orders, sustaining their respective
positions.
PLEASE NOTE: Photo identification is required to gain entrance to all federal courthouse facilities.
Electronic devices, including but not limited to cameras, cellular phones (including those with cameras),
pagers, personal data assistants (PDA), laptop computers, radios. tape-recorders, etc., are not permitted
in the courtroom, chambers or other environs of this court. These restrictions (except for cameras not
integrated into a cell phone device) do not apply to attorneys with a valid Florida Bar identification card,
attorneys who have been authorized to appear by pro hac vice order and witnesses subpoenaed to appear
in a specific case. An attorney seeking entry to the Ft. Lauderdale courthouse facilities must also be
admitted to practice in the Southern District of Florida or be authorized to appear by pro hac vice order. No
one is permitted to bring a camera or other prohibited electronic device into a federal courthouse
facility except with a written order signed by a judge and verified by the United States Marshal's
Service. See Local Rule 5072-2.
Dated: 10113110 CLERK OF COURT
By: Edy Gomez
Courtroom Deputy
Case 09-34791-RBR Doc 1590 Filed 04/01/11 Page 1 of 3
i\
1
'::[)
u ,,h
't )fj",
UNITED STATES BANKRUPTCY COURT
FORT LAUDERDALE DIVISION
:;;i: FLORIDA BAR
;:1 :...A.UDERDA!..E OFF!C!:
INRE: Chapter 11
ROTHSTEIN ROSENFELDT ADLER, PA
Case No. 09-34791-BKC-RBR
Debtor.

LIMITED OBJECTION TO AKERMAN SENTERFITT'S SUPPLEMENTAL
APPLICATION SEEKING AUTHORITY TO CONTINUE TO REPRESENT THE
OFFICIAL COMMITTEE OF UNSECURED CREDITORS !ECF NO. 14981
Platinum Partners Value Arbitrage Fund LP ("Platinum"), Centurion Structured Growth
LLC ("Centurion") and Level 3 Capital Fund LP ("Level 3" and, together with Platinum and
Centurion, the "Objecting Funds''),! by and through their undersigned counsel, file this Limited
Objection (the "Objection") to Akerman Senterfitt's Supplemental Application Seeking Authority
to Continue to Represent the Official Committee of Unsecured Creditors [ECF No. 1498] (the
"Application"). In support of the Objection, the Objecting Funds state as follows:
Prior to the filing of the RRA bankruptcy case, Akerman Senterfitt served as counsel to
the Objecting Funds with respect to their lending relationships with the Banyon companies and
Scott Rothstein and in other non-RRA related matters. Subsequently, without obtaining a waiver
from the Objecting Funds, Akerman Senterfitt was engaged to serve as counsel to the Official
Committee of Unsecured Creditors (the "Committee") in the RRA case.
By the Application, Akerman Senterfitt requests that the Court conduct "a hearing to
consider the [Objecting] Funds' request that it withdraw as counsel" to the Committee. See
The Objecting Funds are filing this Objection defensively and do not consent or submit to the jurisdiction
of this Court in connection with any claims that the Trustee has asserted or may assert m the future against any or all
of the Objecting Funds.
Application, p. 6. The Objecting Funds vociferously disagree with Akerman Senterfitt's
characterization of the facts and positions advanced in the Application. However, to be clear, the
Objecting Funds have not sought, and do not seek to involve the Court in their dispute with
Akerman Senterfitt. The Objecting Funds' request that Akerman Senterfitt withdraw as counsel
to the Committee arises from Akerman Senterfitt's failure to discharge its professional
responsibilities to the Objecting Funds and was made in the context of a demand letter sent by
the Objecting Funds' counsel to Akerman Senterfitt's managing partner.
Needless to say, the Court controls the determination of whether, under the Bankruptcy
Code and Fed. R. Bankr. P., Akerman Senterfitt meets the requirements for being "disinterested"
and whether an "adverse interest" exists with respect to its representation of the Committee, and
the Objecting Funds assert no position in that regard. However, the Objecting Funds respectfully
assert that the Court does not have jurisdiction to determine whether Akerman Senterfitt has
discharged its professional responsibilities to the Objecting Funds. These issues should be
properly addressed by the Florida Bar and/or a court adjudicating the Objecting Funds' non-core
state law claims against Akerman Senterfitt.
WHEREFORE, the Objecting Funds request that the Court limit its ruling, if any, to
whether Akerman Senterfitt is disinterested and does not represent an interest adverse to the
estate, and further, withhold any determination as to whether Akerman Senterfitt has fulfilled its
professional responsibilities to the Objecting Funds.
Dated: April I, 20 II
BILZIN SUMBERG BAENA PRICE
& AXELROD LLP
Counsel to the Objecting Funds
1450 Brickell Ave., Suite 2300
2
I
MIAMI 2485399.2 7915533944
Miami, Florida 33131
Telephone: 305-374-7593
Facsimile: 305-351-2253
By: /s/ Scott L. Baena
Scott L. Baena, Esq.
Florida Bar No. 186445
Jay M. Sakalo, Esq.
FloridaBarNo. 156310
-and-
CURTIS, MALLET-PREVOST,
COLT & MOSLE LLP
Co-Counsel to the Objecting Funds
101 Park Avenue
New York, New York 10178-0061
Telephone: 212-696-6000
Facsimile: 212-697-1559
3
Eliot Lauer, Esq. (pro hac vice)
Gabriel Hertzberg, Esq. (pro hac vice)
-- ----- --------------
'
t
In re:
Page ~ ( E I V E D
::;;) APR - 8 201'1
{/ ~ E FLORIDA BAR
FT. lAUDERDALE OFFICE
ROTHSTEIN ROSENFELDT ADLER, P.A., Case No. 09-34791-BKC-RBR
Chapter II
Debtor.
----------------------------'
MOTION TO APPROVE SETTLEMENT AGREEMENT BETWEEN
THE CHAPTER 11 TRUSTEE AND MONARCH CAPITAL FUND. LTD.
Any interested party who fails to me and serve a written
response to this motion within 21 days after the date of
service stated in this motion shall, pursuant to Local Rule
9013-l(D), be deemed to have consented to the entry of an
order in the form attached to this motion. Any scheduled
hearim: may then be canceled.
Herbert Stettin ("Stettin" or the "Trustee"), the Chapter II Trustee of Rothstein
Rosenfeldt Alder, P.A. ("RRA" or the "Debtor"), pursuant to Rule 9019(a) of the Federal Rules
of Bankruptcy Procedure, files this Motion to Approve Settlement Agreement Between The
Chapter 11 Trustee and Monarch Capital Fund, Ltd. (the "Motion"), and in support states:
Background
I. This case was commenced as an involuntary chapter II proceeding on November
10, 2009, by four petitioning creditors (the "Bankruptcy Case"). [D.E. 1].
2. The Court entered an Order for Relief on November 30, 2009. [D.E. 66].
3. On November 20, 2009. this Court entered an order directing the appointment of a
trustee. [D.E. 30]. On November 20, 2009, the United States Trustee's office selected Stettin as
the Trustee in this case. [D.E. 35]. On November 25, 2009, the Court ratified Stettin's
appointment as Trustee. [D.E. 55].
4. Since the Trustee's appointment and ratification, the Trustee's professionals have
3587287-1
conducted a thorough analysis of RRA's books and records and other financial data including
hundreds of millions of dollars in transfers made within the four year period prior to the petition
date to various parties, including Monarch Capital Fund, Ltd. ("Monarch")(together with the
Trustee, "the Parties").
5. Following the Trustee's issuance of a demand for payment to Monarch and
informal discussions between the Trustee and Monarch, the Trustee commenced an adversary
proceeding in the Bankruptcy Case (Adversary Case No.: I 0-03636-RBR-A; the "Adversary
Proceeding") by filing an adversary complaint (Adv. D.E. I; the "Adversary Complaint") to
avoid and/or recover certain amounts (the "Transfers").
6. Monarch filed an answer and affirmative defenses disputing the Trustee's
entitlement to avoid and/or recover the Transfers. [Adv. D.E. 17].
7. On March II, 20 II, the Court referred this proceeding to mediation.
[Adv. D.E. 36].
8. The Parties attended a mediation conference on April 4. 20 II.
9. At the mediation the Parties reached an agreement on a comprehensive settlement
(the "Settlement"), and executed a written mediation settlement agreement (the "Settlement
Agreement"), a copy of which is attached as Exhibit A.
The Settlement
I 0. In considering the circumstances, and taking into account the nature of the claims
against Monarch, the potential defenses available to such claims and the risks associated
with litigating this matter, the Trustee believes that the terms of the Settlement are favorable to
the estate.
II. Pursuant to the Settlement, and as more fully described in the Settlement
3587287
2
Agreement, Monarch will pay the Trustee $550,000.00.
12. As further set forth in the Settlement Agreement, upon such payment, and an
order of this Court approving the Settlement becoming a final, non-appealable order, Monarch
shall be deemed to hold an allowed general unsecured claim in the Bankruptcy Case in the
amount of $300,000.
I 3. Additionally, upon the occurrence of the events described in paragraph I I above,
and an order of this Court approving the Settlement becoming a final, non-appealable order,
Monarch will be released from any and all liability to the Trustee, RRA or the Debtor's estate,
on account of all claims alleged, or which could have been alleged in the Adversary Proceeding
regarding the Transfers, as defined in the Adversary Complaint, and the Trustee and the Debtor's
Estate will be released from any and all liability to Monarch regarding all claims, defenses,
counterclaims alleged, or which could have been alleged by the Monarch regarding the
Transfers, except as related to Monarch's allowed general unsecured claims in the Bankruptcy
Case.
Authority to Support Authorization of the Settlement
14. The Trustee seeks approval of the Settlement Agreement pursuant to Rule 9019 of
the Federal Rules of Bankruptcy Procedure.
15. Rule 901 9(a) provides that, after notice and a hearing, a court may
approve a proposed settlement of a claim. The decision of whether or not to approve a
compromise is within the sound discretion of the court. In re Chira, 367 B.R. 888, 896 (S.D.
Fla. 2007) aft' d. 567 F.3d 1307 (I I th Cir. 20 10) citing In re Air Safety Intern., L. C., 336 B.R.
843, 852 (S.D. Fla. 2005); In re Arrow Air, Inc., 85 B.R. 886 (Bankr. S.D. Fla. 1988).
16. In passing on proposed settlements, the Court must determine whether
1587287
3
a proposed settlement is fair and equitable. In re Chira, 367 B.R. at 896 (S.D. Fla. 2007).
The Court must evaluate whether the compromise falls below the "lowest point in the range of
reasonableness." In re S&l Investments, 421 B.R. 569, 583 (Bankr. S.D. Fla. 2009) citing In re
Bicoastal Corp., 164 B.R. 1009, 1016 (Bankr. M.D. Fla. 1993); see also In re Arrow Air, Inc., 85
B.R. at 886 (Bankr. S.D. Fla. 1988).
17. The lith Circuit, in In re Justice Oaks II, Ltd., 898 F.2d 1544, 1549, provided
additional guidance regarding whether a settlement should be approved and established a
four-part test:
a. The probability of success in litigation;
b. The difficulties, if any, to be encountered in the matter of collection;
c. The complexity of the litigation involved and the expense, inconvenience
d. and delay necessarily attending it; and
e. The paramount interest of the creditors and a proper deference to their
reasonable views in the premises.
18. The Trustee submits that the proposed Settlement overwhelmingly satisfies the
'Justice Oaks standard.
19. The Settlement provides the Trustee with an opportunity to efficiently settle
significant claims of the estate on favorable terms against a party likely capable of financing the
costs of protracted litigation, from trial and through the exhaustion of appellate remedies, and
will provide the Debtor's estate with a significant recovery.
20. If this matter were to proceed to trial, substantial additional discovery would be
necessary. It is also anticipated that, due to the positions advanced by both sides, the
costs associated with litigating this matter through trial and the exhaustion of appellate
3587287
4
I
remedies would be significant.
21. The Trustee believes that the expense, inconvenience and delay that would be
caused by litigating with Monarch would not be in the best interest of the Debtor's estate.
22. Therefore, after full and careful consideration, the Trustee believes that
resolution set forth in the Settlement Agreement is in the best interest of the Debtor's estate
and the creditors of the estate.
WHEREFORE, the Trustee respectfully requests the entry of an order, in substantially
the same form as the order attached as Exhibit B, (i) granting this Motion, (ii) approving the
terms of the Settlement Agreement, and (iii) granting such other relief as is just and proper.
Dated: April 5, 2011.
3587287
BERGER SINGERMAN, P.A.
Attorneys for Trustee
200 S. Biscayne Boulevard, Suite 1000
Tel.: (305) 755-9500
Fax: (305) 714-4340
By: lsi David L. Gay
David L. Gay
5
Florida Bar No. 83922 I
dgay@bergersingerman.com
Case 09-34791-RBR Doc 1596 Filed 04/05111 Page 6 of 21
I HEREBY CERTIFY that a true and correct copy of the foregoing was served via the
Court's CM/ECF system to all registered users in this case and via Regular U.S. Mail, postage
prepaid, fax, email and/or overnight delivery, as indicated, upon all parties listed below and on
the attached Service List this 5th day of April, 2011.
Timothy J Norris, Esq
200 S Biscayne Blvd #3400
Miami, FL 33131
(via CMIECF)
Brian T Corrigan
201 Santa Monica Blvd #475
Santa Monica, CA 90401
(via U.S. Mail)
PaulL. Orshan, Esq.
2506 Ponce de Leon Blvd
Coral Gables, FL 33134
(via CMIECF)
3587287
6
By: lsi David L. Gay
David L. Gay

MASTER SERVICE LIST
CASE NO.: 09-34791-BKC-RBR
Marianella Morales, Esquire
Authorized Agent For Joining Creditors
A venida Francisco de Miranda
Torre Provincial "A"
Piso 8
Caracas, Venezuela
(VIA CM!ECF and EMAIL)
John H. Genovese, Esq.
Robert F. Elgidely, Esq.
Theresa M.B. Van Vliet, Esq.
Genovese Joblove & Battista, PA
Bank Of America Tower at International
Place
100 S.E. 2nd Street, Suite 4400
Kendall Coffey, Esq.
Coffey Burlington,
Office in the Grove
Penthouse
2699 South Bayshore Drive

The Honorable Herbert M. Stettin
One Biscayne Tower
Suite 3700
Two South Biscayne Boulevard
(VIA U.S. MAIL and EMAIL)
John G. Bianco, Esq.
John M. Mulli, Esquire
Tripp Scott
110 Southeast Sixth Street
Fifteenth Floor
Fort Lauderdale, Fl. 33301
i gb (i:/; trippsc, Jt t .com
2441794-1
Alison W. Lehr, Esq.
Grise! Alonso, Esq.
Assistant United States Attorney
99 N.E. 4th Street, 7th Floor
,\! '"n, <>''
Grisl'l "lon<,o(i" usdoj. <
(VIA CM/ECF and EMAIL)
Jeffrey R. Sonn, Esq.
Sonn & Erez, PLC
Broward Financial Center
500 E. Broward Boulevard
Suite 1600
Fort Lauderdale, Florida 33394
((P ...
Office of the US Trustee
51 Southwest First Avenue
Suite 1204
Thomas Tew, Esq.
Tew-Cardenas, LLP
Four Seasons Tower
15th Floor
1441 Brickell A venue
Miami, Florida 33131-3407
tt@ tt>\Vht\\',COlil
Conrad & Scherer, LLP
633 South Federal Highway
Fort Lauderdale, FL 3330 I
bs qv

MASTER SERVICE LIST
Michael D. Seese, Esq.
Hinshaw & Culbertson, LLP
I E Broward Blvd Ste 1010
Ft Lauderdale, Florida 33301

.qnn
Internal Revenue Service
Centralized Insolvency Operations
P.O. Box 21126
Philadelphia, P A 19114
(Via U.S. Mail)
Special Procedures - Insolvency
7850 SW 6th Court
(Via U.S. Mail)
Special Asst. U.S. Attorney
P.O. Box 9, Stop 8000
51 SW 1st Avenue, #1114
Miami, Fl 33130
(Via U.S. Mail)
United Healthcare
Dept. CH 10151
Palatine, IL 60055
(Via US Mail)
IRS District Counsel
1000 S. Pine Island Rd., Ste 340
Plantation, FL 33324-3906
(Via U.S. Mail)
The Honorable Eric H. Holder, Jr.
Attorney General of the U.S.
950 Pennsylvania Avenue, NW Room 4400
Washington, DC 20530-0001
(Via U.S. Mail)
2441794-1
2
Honorable Jeffrey H. Sloman,
Acting U.S. Attorney
99 NE 4tb Street
Miami, Fl 33132
(Via U.S. Mail)
Daniel Mink
OvadiaLevy
c/o Renato Watches, Inc
14051 NW 14tb Street
Sunrise, Florida 33323
(Via U.S. Mail)
William George Salim, Jr.
Moskowitz Mandell & Salim
800 Corporate Dr Ste 51 0
\\ .nm1
USI
Attn: Antbony Gruppo
200 West Cypress Creek Road
Suite 500
Anthonv. gruppo@u<,i .biz
(VIA EMAIL)
Marc Nurik, Esq.
I East Broward Blvd
Suite 700
marc<ii' nuriklaw .cum
(VIA EMAIL)
BAST AMRON LLP
SunTrust International Center
One Southeast Third A venue
Suite 1440
bamron<i>'ba,tamron.com
jbast@ bastamron.com
Case 09-34791 -RBR Doc 1596 Filed 04/05/11 Page 9 of 21
MASTER SERVICE LIST
Mark Bloom, Esq.
John B. Hutton, Esq.
Greenberg Traurig, LLP
333 Avenue of the Americas, Suite 4400
Miami, FL 33131-3238
_b ls:o 111 g\ l u (p 11_1
huttonj @gtbw.com
Robert D. Critton, Esq.
Burman, Critton, Luttier & Coleman
303 Banyan Blvd., Suite 400
West Palm Beach, FL 33401
rcrit(i)bddaw .com
Roth & Scholl
Attn: Jeffrey C. Roth, Esq.
Attorneys For Creditor Blue
Capital Us East Coast Properties, L.P.
866 South Dixie Highway
Coral Gables, Fl 33146
jd'f@rothandsch,,!J.com
Rogers, Morris & Ziegler, LLP
1401 East Broward Blvd
Suite 300
ml1k1olh (ro rm;.law .com
Arthur C. Neiwirth, Esq.
One E. Broward Blvd., Suite 1400
1!1ll IV .ClLfD.
2441794-1
3
The Florida Bar
Adria E. Quintela, Esq.
Alan Anthony Pascal, Esq.
Lake Shore Plaza II
1300 Concord Terrace, Suite 130
Sunrise, FL 33323
agmntcl (ii; flabar.org
ara,cal
Micheal W. Moskowitz, Esq.
800 Corporate Drive, Suite 500

(VIA CMIECF and EMAIL)
Francis L. Carter, Esq.
Katz Barron Squitero Faust
2699 S. Bayshore Drive, 7th Floor

Bradley S. Shraiberg, Esq.
2385 NW Executive Drive
Suite 300
Boca Raton, Florida 33431
b'hraibcrg <il stl-pa.com
HenryS. Wulf, Esq.
CARLTON FIELDS, P.A.
525 Okeechobee Blvd., Suite 1200
West Palm Beach, Florida 3340 I
E-Mail: hwul i'Ci"carllonfidds . ..:oru
EMESS Capital, LLC
c/o Bruce A. Katzen, Esq.
201 S. Biscayne Blvd., 17th Floor
E-Mail: bkatzcn@klugcrl-..aplan.com
jbcrman@ klugcrkaplan.com
MASTER SERVICE LIST
Ira Sochet, Trustee
Revocable Intervivos Trust of Ira Sochet
c/o Phil Hudson, Esq.
200 South Biscayne Blvd, Suite 3600
E-Mail: PJ!lb!r<;]Ji.<,"\ll (\V _ilrnO'.Wi n .<;1)_\ll
Coquina Investments
c/o Patricia A. Redmond, Esq.
!50 West Flagler Street, Suite 2200
E-Mail:
Michael I. Goldberg, Esq.
Las Olas Centre - Suite 1600
350 East Las Olas Blvd
E-Mail:

LMB Funding Group
c/o Robert C. Furr, Esq.
2255 Glades Road, Suite 337W
E-Mail: rfurr@furrcohcn.c'om
Lawrence A. Gordich, Esq.
Melissa Alagna, Esq.
SEGALUGORDICH P.A.
801 Brickell A venue, Suite 900
Email:
Email:
Broward County
Attn: Hollie N. Hawn, Esq.
Government Center
115 South Andrews A venue
E-Mail: hhawn@'bn,ward.org
2441794-1
4
Steven J. Solomon, Esq.
Gray Robinson, P.A.
1221 Brickell Ave, Suite 1600
E-Mail -

Peter F. Valori, Esq.
DAMIAN & VALOR! LLP
1000 Brickell Avenue, Suite 1020
Miami, FL 33131
E-mail: pvalori@dvllp.com
Canon Financial Services, Inc.
!58 Gaither Drive, #200
Mount Laurel, NJ 08054
(Via US Mail)
CIT Technology Financing Services I,
LLC
10201 Centurion Parkway North
Jacksonville, FL 32256
(Via US Mail)
Gibraltar Private Bank & Trust
Company
220 Alhambra Circle, Suite 500
(Via US Mail)
Inter-Tel Leasing, Inc.
1140 West Loop North
Houston, TX 77055
(Via US Mail)
Florida Department of Revenue
501 S. Calhoun Street
Room 201
Carlton Building
Tallahassee, FL 32399
(Via US Mail)
I
Case 09-34791-RBR Doc i 596 Filed 04/05/11 Page 11 of 21
MASTER SERVICE LIST
Leon County Tax Collector
Suite210
(Via US Mail)
Miami-Dade County Tax Collectors
140 West Flagler Street, I 4th Floor
Miami, FL 33I30
(Via US Mail)
Palm Beach County Tax Collector
P.O. Box 3715
West Palm Beach, FL 33402-37I5
(Via US Mail)
THE LAW OFFICES OF
GEOFFREY D. ITTLEMAN, P.A.
440 North Andrews Avenue
Fort Lauderdale, Florida 3330 I
(Via US Mail)
Carpenter & Berger, PL
6400 N. Andrew Ave, suite 370
(Via US Mail)
Frank F. McGinn, Esq.
Bartlett Hackett Feinberg, P.C.
155 Federal Street, 9'h Floor
Boston, MA 021 IO
l'fm@ bo<.tonbusinc;,sbw.com
Darol H. M. Carr, Esq.
99 Nesbit Street
Punta Gorda, FL 33950
Jane A Bee, Esq.
Blank Rome LLP
130 North 18'h Street
Philadelphia, P A 19! 03-6998
bcc'(ci, blankn'Hlc'.COlll
(VIA EMAIL)
2441794-1
5
Roderick F. Coleman, Esq.
400 South Dixie Highway, Suite 121
Boca Raton, FL 33432
tc lrlla,.cnnJ.
Mark S. Haltzman, Esq.
Lamm Rubenstone, LLC
3600 Horizon Blvd, Suite 200
Trevose, PA I 9053
mhaltzman@ lammru bcn;,tonc.com
Robert C. Busche!, Esq.
I 00 S.E. Third Ave, Suite 1300
Fort Lauderdale. FL 33394
busche10 bglaw-pa.com
Berkowitz Dick Pollack & Brant
Certified Public Accountants & Consultants,
LLP
200 S Biscayne Boulevard, Sixth Floor
Miami, FL 33131-2310
Attn: Richard Pollack
(Via Email and U.S. Mail)
MELAND RUSSIN & BUD WICK, P.A.
3000 Wachovia Financial Center
200 South Biscayne Boulevard
Miami, Florida 33I3I
Attn: James C. Moon, Esq.
jmPon (mmdandrus>i n.com
Attn: Peter D. Russin, Esq.
prussi n (a; n rei undru;,si n.c< >1 n
Attn: Michael S. Budwick, Esq.
o1D
Gary S. Blake, Esq.
I499 W. Palmetto Park Rd
Suite 300
gblakc@ lgla" .net
MASTER SERVICE LIST
Melinda S. Thornton, Esq.
Assistant County Attorney
County Attorney's Office
2810 Stephen P. Clark Center
Ill N.W. First Street
Miami, Fl 33128-1993
Email:
SLATKIN & REYNOLDS, P.A.
Attorneys for Russell Adler and Katie Adler
Telephone 954.745.5880
Facsimile 954.745.5890
jslatkin 0 ,]alkinreynold,.com
ASSOULINE & BERLOWE, P.A.
213 East Sheridan Street, Ste. 3
Dania Beach, FL 33004
Attn: Eric N. Assouline, Esq.
en a (q a():-.oulin ... .cum
Steven J. Reisman, Esq.
COLT & MOSLE LLP
I 0 I Park A venue
New York, NY 10178-0061
E-mail: ;rcisman@curlis.com
Turner P. Smith, Esq.
COLT & MOSLE LLP
101 Park Avenue
New York, NY 10178-0061
E-mail: lsmith ('Vcurth.com
Maryann Gallagher, Esq.
COLT & MOSLE LLP
101 Park Avenue
2441794-1
6
New York, NY 10178-0061
E-mail:
ILEANA CRUZ BONGINI, ESQ.

STEARNS WEAVER MILLER
WEISSLER ALHADEFF & SITTERSON,
P.A.
Coquina Investments
Museum Tower, Suite 2200
!50 West Flagler Street
Lynn Maynard Gollin
! gollin ((I gordt.mree.,.C<\m
Gordon & Rees LLP
Four Seasons Tower
15th Floor
1441 Brickell Avenue
Miami, FL 33131
Paul J. McMahon, Esq.
Paul Joseph McMahon, P.A.
2840 S.W. Third Ave
pjmff!)pjmlawmiami.com
Robert P. Avolio, Esq.
Crossroads Corporate Center
3150 Brunswick Pike, Ste. 120
Lawrenceville, NJ 08648

MarkS. Shipman, Esq.
20 Batterson Park Road, Suite 120
Farmington, CT 06032
mark@shipso.com

MASTER SERVICE LIST
Heather L. Ries, Esq.
Fox Rothschild, LLP
222 Lakeview Ave, Suite 700
West Palm Beach, Fl 3340 I
roth 'chi I 1 !.con)
(VIA CMJECF and EMAIL)
Geoffrey S. Aaronson, Esq.,
Geoffrey S. Aaronson, P.A.,
Local Counsel for FEP and
the FEP Victims Group,
Miami Tower, I 00 SE 2nd Street,
27th Floor, Miami, Florida 33131
(i}; aaronsonpa .. tonl
Michael Paris, Esq.
William C. Nystrom, Esq.
Nystrom, Beckman & Paris, LLP
Counsel for FEP & the FEP Victims Group
I 0 Saint James Avenue, 16th Floor
Boston, MA 02116
illllarb 0"
wnv&tmm0"nbparis.wm
Bilzin Sumberg Baena Price & Axelrod LLP
Miami, FL 33131-3238
SHacna @' biiLin.com
Alberta L. Adams. Esq.
Mills Paskert Divers
100 North Tampa Street, Suite 2010
Tampa, Florida 33602
aadams@ mpdlegal.com
James B. Sawka, Esq.
SEYFARTH SHAW LLP
131 South Dearborn Street, Suite 2400
Chicago, Illinois 60603
Email: howka<fv<cyfatth.com
2441794-1
7
David C. Christian II, Esq.
SEYFARTH SHAW LLP
Email: 0 g;yfm:l!J.cQ.l.!J
David M. Levine, Esq.
Levine Kellogg Lehman Schneider &
Grossman, LLP
20 I S. Biscayne Blvd, 34th Floor
Email: Jml<i!"JUiaw.com
Timothy W. Volpe, Esq.
John T. Rogerson, III, Esq.
Caroline Prieto, Esq.
Volpe, Bajalia, Wickes, Rogerson & Wachs,
P.A.
501 Riverside Ave, 7th Floor
(Via U.S. Mail)

EXHIBIT A
3587287
7
j
In re:
Case 09-34791-RBR Doc 1596 Flied 04/05/11 Page 15 of 21
WWW ,f]sb.USCOUI'ts.gov
Chapter II
ROTHSTEIN ROSENFELDT ADLER, PA, Case No. 09-34791-BKC-RBR
Debtor.
- - - - - - - - - - - - - - - - - - - - - - ~ '
HERBERT STETTIN, Trustee, Adversary Case No.: 10-03636-RBR-A
Plaintiff,
V,
MONARCH CAPITAL FUND, LTD.
Defendant.
________________________ .!
MEDIATION SETTLEMENT AGREEMENT
THIS MEDIATION SETTLEMENT AGREEMENT was entered on the date stated
below, by and between Herbert Stettin, Chapter 11 Trustee (the "Trustee") of Rothstein
Rosenfeldt Adler, P .A. ("RRA") and Monarch Capital FUild, Ltd. ("Monarch")( together with the
Trustee, the "Parties," or each individually, "Party").
WHEREAS, on November 10, 2009, an involUiltary Chapter 11 proceeding was
commenced against RRA in and for the Southern District of Florida United States Bankruptcy
Court (the "Bankruptcy Court") - In Re: Rothstein, Rosenfeldt & Adler, P.A., Case No: 09-
34791-RBR (the "Bankruptcy Case").
WHEREAS, on November 20, 2009 the Bankruptcy Court entered an order directing the
appointment of a trustee (D.E. 30); on November 20, 2009, the United States Trustee's office
selected Stettin as the Trustee in this case (D.E. 35); and on November 25, 2009, Stettin's
appointment as Trustee was ratified by the Bankruptcy Court (D.E. 55).
WHEREAS, the Bankruptcy Court entered an Order for Relief on November 30, 2009.
[D.E. 66].
WHEREAS, the Trustee commenced an adversary proceeding in the Bankruptcy Case
(Adversary Case No. 10-03636-RBR-A)(the "Adversary Proceeding") to recover certain
transfers from RRA to Monarch and to recover damages for usury. [Adv. D.E. 1].
WHEREAS, Monarch filed an answer and affirmative defenses disputing the Trustee's
entitlement to avoid and recover such amounts. [Adv. D.E. 17).
WHEREAS, in the interest of avoiding further costly and time-consuming litigation, the
Trustee and Monarch have agreed to the terms set forth in this Mediation Settlement Agreement
(the "Settlement");
THEREFORE, in consideration of the foregoing and the agreements set forth herein,
and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties, intending to be legally bound, agree as follows:
1. On or before April 18, 2011, Monarch shall deliver $550,000 (the "Settlement
Amount"), made in the form of check, cashier's check, wire transfer or other form of
immediately available ftmds, made payable to "Berger Singerman, P .A." and forwarded to
Berger Singerman, P.A., 200 South Biscayne Boulevard, Suite 1000, Miami, FL 33131, Attn:
David L. Gay, Esq. Within I 0 days of the execution of the Settlement and upon agreement of
counsel for Monarch as to the form, the Trustee shall file a motion seeking Bankruptcy Court
approval of the Settlement. If such motion is not approved by the Banlauptcy Court, the
Settlement Amount will be returned to Monarch within I 0 days of an order denying the motion
to approve the Settlement.
2. If Monarch fails to timely make payment of the Settlement Amount as set forth in
paragraph above, the Parties agree that the Trustee shall have the right to proceed to final
judgment against Monarch in the Adversary Proceeding in the amotmt of $850,000 upon the
filing of an affidavit of nonpayment.
3. Upon receipt and clearance of the Settlement Amount and receipt of the
information as set in paragraph I above, and an order of the Bankruptcy Court approving the
Settlement becoming a Final Non-Appealable Order,
1
Monarch shall be deemed to hold an
allowed general unsecured claim in the Banl<ruptcy Case in the amount of $300,000.
4. In consideration of, and upon receipt and clearance of the Settlement Amount, and
upon an order of the Banl<ruptcy Court approving the Settlement becoming a Final Non-
Appealable Order, the Trustee, on behalf of RRA, and any of its successors and assigns, and any
of them (the foregoing collectively referred to as the "RRA Rcleasors"), does hereby release,
waive, and discharge Monarch and its principals, investors and transferees from any and all
liability to the RRA Releasors on account of all claims alleged, or which could have been alleged
in the Adversary Proceeding regarding the Transfers, as defined therein.
1
A "Fmal Non-Appealable Order" shall mean an order of the Bankruptcy Court that is not subject to: (i) appeal
pursuant to Fed. R. Bankr. P. 8001 and 8002; (ii) a motion under Fed. R. Bankr. P. 9023 or 9024; or (iii) any other
motion or procedure that permits a court to revetse the relief granted by the order.
2
(
In consideration of the foregoing, Monarch and any of its successors and assigns,
and any ofthem (the foregoing collectively refened to as the "Monarch Releasors"), do hereby
release, waive, and discharge all rights, causes of actions, liabilities and claims related to the
Trustee, the Debtor, its estate or its property, in law or in equity, whether known or unknown,
foreseen or unforeseen, now existing or hereafter arising, matured or umnatw-ed, whether or not
hidden or concealed, whether based on tort, fraud, contract or otherwise, and/or any other
obligations, claims, interests, or debts of any kind, which the Monarch Releasors, from the
beginning of time, heretofore or hereafter possessed or may possess against the Trustee, RRA,
the Debtor's Estate or any of their affiliates, parents, subsidiaries, representatives, officers,
directors, employees, agents, on account of all claims, defenses, counterclaims alleged, or which
could have been alleged by the Monarch Releasors regarding the Transfers, as defined therein,
except for the rights, duties and obligations as provided in this Settlement except those claims
expressly set forth in paragraph 3 above.
5. Within 10 days of the later of (i) receipt and clearance of the Settlement Funds as
set in paragraph I above, or (ii) an order of the Bankruptcy Court order approving the Settlement
becoming a Final Non-Appealable Order, the Trustee will dismiss, with prejudice, the Adversary
Proceeding, witl1 each party to bear its own cost and fees incurred in relation to the Adversary
Proceeding to date and all additional fees and costs which may be incurred through the approval
of this Settlement.
6. Miscellaneous.
(a) Entire Agreement. The Parties hereby acknowledge that this Settlement
constitutes the entire agreement by and between the Trustee and Monarch and that there are no
commll11ications or oral U11derstandings by or between the Parties contrary to or diiierent fiom
this Settlement.
(b) Amendment. The terms and proviSlons of this Settlement cannot be
amended, modified or supplemented orally or by course of conduct or course of dealing, but only
in a writing signed by each of the Parties.
(c) Waivers. The fail w-e of a Party to require performance of any provision of
this Settlement shall in no manner affect its right at a later time to enforce such provision. No
waiver by a Party of any condition or of any breach of any term, covenant, representation or
warranty contained in this Settlement shall be effective unless in writing, and no waiver in any
one or more instances shall be deemed to be a further or continuing waiver of any such condition
or breach in other instances or a waiver of any other condition or breach of any other term,
covenant, representation or warranty.
(d) Col\11terparts. This Settlement may be executed in one or more
counterparts, or by the Parties in separate counterparts, each of which when so executed shall be
deemed an original, but all of which together shall constitute one and the same instrument.
(e) Interpretation. None of tl1e Parties shall be considered the draftsman of
this Settlement, and there shall be no presumption of construing ambiguities or interpretations
under this Settlement against a particular Party.
3
(f) Assignment. This Settlement shall be binding upon and inme to the
benefit of the Parties and their respective estates, heirs, legal representatives, successors and
assigns; provided, however that no assignment or transfer of this Settlement shall be permissible
except by (i) operation of law, or (ii) pursuant to an order of the Bankruptcy Court.
(g) Severability. If any provision of this Settlement shall be held invalid,
illegal or unenforceable, the validity, legality or enforceability of the other provisions of this
Settlement shall not be affected, and there shall be deemed substituted for the provision ai issue a
valid, legal and enforceable provision as similar as possible to the provision at issue.
(h) Applicable Law. TI1is Settlement shall be governed by and construed and
enforced in accordance with the Jaws of the State of Florida to the extent state law is applicable.
(i) Jurisdiction and Venue. The Parties agree that the Bankruptcy Court shall
retain jurisdiction to enforce and construe ilie provisions of iliis Settlement and the Parties
consent to the Bankruptcy Court's exercise of personal and subject matter jmisdiction (including
"core" jurisdiction) to adjudicate any disputes iliat might arise w1der this Settlement.
G) Prevailing Party Fees. The Parties agree to pay all fees, costs and
expenses incurred by the prevailing party, as determined by a court of competent jurisdiction, in
connection with the enforcement and litigation of this Settlement, including all reasonable
related attorneys' fees, court costs and expert witness Jees, whether incu!Ted prior to litigation,
during litigation or post-litigation and including bankruptcy, mediation or arbitration
proceedings.
(k) Debtor's Estate. The term "Debtor's Estate," as used in iliis Settlement,
shall have ilie meaning described in!! U.S.C. 541.
7. Each pa1ty to this Settlement represents and warrants that it is duly authorized to
execute this Settlement and that the person through whom each party executes this Settlement is
fully and duly empowered and authorized to execute it on !he respective party's behalf.
Dated: April 4, 2011
David Sims
Director, Monarch Capital Fund, Ltd.
4
I .

Herbe tettin, ChapteJ.C 1 Trustee of
Rothstein Rosenfeld! Adler, P .A.
Case 09-34791 -RBR Doc 1596 Filed 04/05/11 Page 19 of 21
(f) Assignment. This Settlement shall be binding upon and inure to the
benefit of the Parties and their respective estates, heirs, legal representatives, successors and
assigns; provided, however that no assignment or transfer of this Settlement shall be pennissible
except by (i) operation of law, or (ii) pursuant to an order of the Bankruptcy Court.
(g) Severabilitv. If any provision of this Settlement shall be held invalid,
illegal or unenforceable, the validity, legality or enforceability of the other provisions of this
Settlement shall not be affected, and there shall be deemed substituted for the provision at issue a
valid, legal and enforceable provision as similar as possible to the provision at issue.
(h) Applicable Law. This Settlement shall be governed by and construed and
enforced in accordance with the laws of the State of Florida to the extent state law is applicable.
(i) Jurisdiction and Venue. The Parties agree that the Bankruptcy Court shall
retain jurisdiction to enforce and construe the provisions of this Settlement and the Parties
consent to the Bankruptcy Court's exercise of personal and subject matter jurisdiction (including
"core" jurisdiction) to adjudicate any disputes that might arise under this Settlement.
(j) Prevailing Party Fees. The Parties agree to pay all fees, costs and
expenses incurred by the prevailing party, as detennined by a court of competent jurisdiction, in
connection with the enforcement and litigation of this Settlement, including all reasonable
related attorneys' fees, court costs and expert witness fees, whether incurred prior to litigation,
during litigation or post-litigation and including bankruptcy, mediation or arbitration
proceedings.
(k) Debtor's Estate. The term "Debtor's Estate," as used in this Settlement,
shall have the meaning described in 11 U.S.C. 541.
7. Each party to this Settlement represents and warrants that it is duly authorized to
execute this Settlement and that the person through whom each party executes this Settlement is
fully and duly empowered and authorized to execute it on the respective party's behalf.
Dated: April4, 2011
~
Monarch Capital Fund Ltd.
By: David Sims for Navigator Management Ltd
Director
Michael Hanzman, Mediator
4
Herbert Stettin, Chapter II Trustee of
Rothstein Rosenfeld! Adler, P .A.
INRE:
EXHffiiTB
CASE NO.: 09-34791-RBR
ROTHSTEIN ROSENFELDT ADLER, P.A., CHAPTER II
Debtor.
- - - - - - - - - - - - - - - - - - - - - - - - ~ 1
ORDER GRANTING MOTION TO
APPROVE SETTLEMENT AGREEMENT BETWEEN THE
CHAPTER 11 TRUSTEE AND MONARCH CAPITAL FUND, LTD.
THIS CAUSE came before the Court without a hearing upon the Trustee's Motion to
Approve Settlement Agreement Between The Chapter 11 Trustee and Monarch Capital Fund,
Ltd. [D.E. ] (the "Motion") filed by the Trustee on April5, 2011. The Court, having reviewed
the Motion and the Court file, having found that proper notice of the Motion has been given (See
D.E. _ for the Certificate of Service of the notice of hearing on the Motion) and having been
advised that no objections to, or requests for hearing on the Motion have been timely received by
the Trustee or counsel or filed with the Court, finds it appropriate to grant the Motion.
3587287
8
Accordingly, it is -
ORDERED as follows:
I. The Motion is GRANTED.
2. The terms of the Settlement Agreement attached hereto as Exhibit "A" are
approved and incorporated herein in their entirety.
3. The Court retains jurisdiction to enforce the terms of the Settlement Agreement.
Submitted by:
David L. Gay, Esq.
BERGER SINGERMAN, P.A.,
200 S. Biscayne Blvd., Suite 1000
Miami, FL 33131
Telephone: (305) 755-9500
Facsimile: (305) 714-4340
dgay@bergersingerman.com
Copy furnished to:
David L. Gay, Esq.
###
(David L. Gay is directed to serve this Order to all parties of interest and to file a Certificate of
Service.)
3587287
9

In re:
Chapter 11
ROTHSTEIN ROSENFELDT ADLER, P A.,
1
Debtor.
- - - - - - - - - - - - - - - - - - - - - - - - ~ /
MOTION TO APPROVE SETTLEMENT AND RELEASE BETWEEN (I) THE
CHAPTER 11 TRUSTEE, (II) HOWARD GRUVERMAN, (ill) GRUVERMAN
ENTERPRISES, INC., (IV) EDIFY, LLC, AND (V) IRON STREET MANAGEMENT, LLC
Any interested party who fails to file and serve a written
response to this motion within 21 days after the date of
hearing may then be canceled.
Herbert Stettin ("Stettin" or "Trustee"), the Chapter 11 Trustee of Rothstein Rosenfeldt
Alder, P.A. ("RRA" or "Debtor"), pursuant to Rule 9019(a) of the Federal Rules of Bankruptcy
Procedure, files this Motion to Approve Settlement and Release Between (i) The Chapter 11
Trustee, (ii) Howard Gruverman, (iii) Gruverman Enterprises, Inc., (iv) EdifY, LLC, and (v) Iron
Street Management, LLC (the "Motion") seeking approval of a settlement between the Trustee
and Howard Gruverman ("Gruverman"), and Gruverman Enterprises, Inc., EdifY, LLC and Iron
Street Management, LLC (the "Gruverman Entities")(together with the Trustee, "the Parties"),
and in support states:
1
The address and last four digits of the taxpayer identification number of tbe Debtor, Rothstein Rosenfeld! Adler,
P.A., is 6600 NW 16tb Street, Suite 11, Plantation, FL 33313 (TIN 7961).
3577356-l
Background
1. This case was commenced as an involuntary chapter 11 proceeding on November
10, 2009, by four petitioning creditors (the "Bankruptcy Case"). [D.E. 1].
3. On November 20, 2009 this Court entered an order directing the appointment of a
date to various parties.
5. On October 14, 2010, the Trustee conducted a 2004 Examination of Howard
Gruverman to obtain testimony related to the estate's claims to avoid and recover damages for
certain fraudulent transfers and other causes of action relating to the bankruptcy of RRA
(collectively referred to as the "Claims").
6. Since that time, the Parties have engaged in substantial settlement negotiations
and informal discovery, including extensive financial disclosures by Gruverman and the
Gruverman Entities. In lieu of filing an adversary complaint, the Parties have reached a
settlement agreement (the "Settlement Agreement"). A copy of the Settlement Agreement is
attached as Exhibit A.
35773561
'
'
7. In considering the circumstances and the risks associated with litigating this
matter, the Trustee believes that the terms of the Settlement Agreement are extremely favorable
to the estate.
8. The Settlement Agreement contemplates that in full and final settlement of the
Claims that could have been asserted against Gruverman and or the Gruverman Entities in the
Bankruptcy Case, and subject to court approval of this Motion, Gruverman shall pay the estate
the following: (a) $100,000 on the date of the execution of the Settlement Agreement; (b) an
additional $100,000 within 30 days thereafter; (c) an additional $100,000 within 60 days after
execution of the Settlement Agreement; (d) an additional $50,000 within 90 days after execution
of the Settlement Agreement; (e) an additional $50,000 within 120 days after execution of the
Settlement Agreement; and (f) an additional $50,000 within 150 days after execution of the
Settlement Agreement; and (g) an additional $50,000 within 180 days after execution of the
Settlement Agreement, for a total sum of $500,000 all due on or before October I, 2011 (the
"Settlement Payment"). Gruverman and the Gruverman Entities acknowledge that the
Settlement Payment is a repayment of amounts which RRA paid directly or indirectly to
Gruverman and the Gruverman Entities and does not constitute a fme or penalty.
9. On the Effective Date (as defined in the Settlement Agreement), Gruverman and
the Gruverman Entities shall be deemed to have fully, finally and forever released, relinquished,
discharged and waived any and all claims, causes of action, costs, damages, expenses, remedies,
whether now known or unknown, and whether pending or not yet asserted, contingent or non-
contingent, liquidated or unliquidated, matured or unmatured, which he individually or
collectively with any of the Gruverman Entities, have or may have had against RRA, the Trustee
and the Trustee's attorneys and accountants, relating in any manner whatsoever, directly or
3577356-1
indirectly to RRA, its business and operations, the Bankruptcy Case and the Claims. However,
nothing herein shall operate or otherwise be construed to operate as a release or discharge of any
of the obligations of the Trustee under the Settlement Agreement.
I 0. On the Effective Date, the Trustee on behalf of RRA and the RRA bankruptcy
estate, shall be deemed to have fully, finally, and forever relinquished, discharged, and waived
any and all claims, causes of action, costs, damages, expenses, remedies, whether now known or
unknown, and whether pending or not yet asserted, contingent or non-contingent, liquidated or
unliquidated, matured or unmatured, which the Trustee on behalf of RRA and the RRA
bankruptcy estate has or may have had against Gruverman, individually or collectively with any
of the Gruverman Entities, their attorneys and accountants, relating in any manner whatsoever,
directly or indirectly, to RRA, its business and operations, the Bankruptcy Case and the Claims.
However, nothing herein shall operate or otherwise be construed to operate as a release or
discharge of any of the obligations of Gruverman and the Gruverman Entities under the
Settlement Agreement.
Relief Requested and Basis Therefor
II. The Trustee seeks approval of the Settlement pursuant to Rule 9019 of the Federal
Rules of Bankruptcy Procedure.
12. Rule 9019(a) provides that, after notice and a hearing, a court may approve a
proposed settlement of a claim. The decision of whether or not to approve a compromise is
within the sound discretion of the court. In re Chira, 367 B.R. 888, 896 (S.D. Fla. 2007) citing
In re Air Safety Intern., L.C., 336 B.R. 843, 852 (S.D. Fla. 2005); In re Arrow Air, Inc., 85 B.R.
886 (Bankr. S.D. Fla. 1988).
3577356-1
13. In passing on proposed settlements, the Court must determine whether a
proposed settlement is fair and equitable. In re Chira, 367 B.R. at 896 (S.D. Fla. 2007). The
Court must evaluate whether the compromise falls below the "lowest point in the range of
reasonableness." In re S&I Investments, 421 B.R. 569, 583 (Bankr. S.D. Fla. 2009) citing In re
Bicoastal Corp., 164 B.R. 1009, 1016 (Bankr. M.D. Fla. 1993); In re Arrow Air, Inc., 85 B.R. at
886 (Bankr. S.D. Fla. 1988).
14. The Eleventh Circuit, in In re Justice Oaks IL Ltd., 898 F.2d 1544, 1549,
provided additional guidance regarding whether a settlement should be approved, and
established a four-part test:
and delay necessarily attending it; and
d. The paramount interest of the creditors and a proper deference to their
15. The Trustee submits that the proposed Settlement Agreement overwhelmingly
satisfies the Justice Oaks standard.
16. The Settlement Agreement provides the Trustee with an opportunity to
efficiently settle significant claims of the estate on favorable terms against a party capable of
financing the costs of protracted litigation, from trial and through the exhaustion of appellate
remedies, and will provide the Debtor's estate with a significant recovery.
necessary. It is also anticipated that, due to the positions advanced by both sides, the costs
35773561
Case 09-34 791-RBR Doc 1587 Filed 04/01/11 Page 6 of 26
associated with litigating this matter through trial and the exhaustion of appellate remedies
would be significant.
caused by litigating with Gruverman and the Gruverman Entities would not be in the best
interest of the Debtor's estate.
resolution set forth in the attached Settlement Agreement is in the best interest of the Debtor's
estate and the creditors of the estate.
WHEREFORE, the Trustee respectfully requests the entry of an order in substantially
the same form of the order attached as Exhibit B, (i) granting this Motion, (ii) approving the
Dated: April!, 2011.
3577356-1
Attorneys for the Trustee, Herbert Stettin
Berger Singerman, P.A.
350 East Las Olas Blvd.
Suite 1000
Main Line: (954) 525-9900
Facsimile: (954) 523-2872
By: Is/ Charles H Lichtman
Charles H. Lichtman
Fla. Bar No. 501050
clichtman@bergersingerman.com
Stefanie C. Moon
Fla. Bar No. 0074195
smoon@bergersingerrnan.com
I CERTIFY that a true and correct copy of the foregoing was served via Regular U.S.
Mail, postage prepaid, fax, email and/or overnight delivery, as indicated, upon all parties on the
attached Service List this 1st day of April, 2011.
3577356-1
Charles H. Lichtman
MASTER SERVICE LIST
Piso 8
Caracas, Venezuela
Genovese J oblove & Battista, P A
Place
I 00 S.E. 2nd Street, Suite 4400
Coffey Burlington,
Office in the Grove
Penthouse
kcoffey@coffeyburlington.com
One Biscayne Tower
Suite 3700
Miami, Florida 3 3131
Tripp Scott
II 0 Southeast Sixth Street
Fifteenth Floor
Fort Lauderdale, Fl. 33301
j gb@trippscott. com
24417941
Grise! Alonso, Esq.
Miami, Florida 33 I 32
Alison.Lehr@usdoj .gov
Grisel.alonso@usdoj .gov
Sonn & Erez, PLC
Suite 1600
jsonn@sonnerez.com
Suite 1204
Thomas Tew, Esq.
Tew-Cardenas, LLP
Four Seasons Tower
15th Floor
I 441 Brickell Avenue
tt@tewlaw.com
bsla\conradscherer.com
JSilver@conradscherer.com
MASTER SERVICE LIST
1 E Broward Blvd Ste 1010
Ft Lauderdale, Florida 3330 I
mseese@hinshawlaw.com
P.O. Box 21126
(Via U.S. Mail)
7850 SW 6th Court
(Via U.S. Mail)
Miami, Fl 33130
(Via U.S. Mail)
United Healthcare
Dept. CH 10151
Palatine, IL 60055
(Via US Mail)
1000 S. Pine Island Rd., Ste 340
(Via U.S. Mail)
(Via U.S. Mail)
2441794-1
2
99 NE 4th Street
Miami, Fl 33132
(Via U.S. Mail)
Daniel Mink
OvadiaLevy
14051 NW 14th Street
(Via U.S. Mail)
wsalim@mmsslaw.com
USI
Attn: Anthony Gruppo
Suite 500
Anthony.gruppo@usi.biz
(VIA EMAIL)
Marc Nurik, Esq.
1 East Broward Blvd
Suite 700
marc@nuriklaw.com
(VIA EMAIL)
BAST AMRON LLP
Sun Trust International Center
One Southeast Third Avenue
Suite 1440
bamron@bastamron.com
jbast@bastrumon.com
MASTER SERVICE LIST
Mark Bloom, Esq.
Miami, FL 33131-3238
bloomm@gtlaw.com
huttonj@gtlaw.com
Robert D. Critton, Esq.
Burman, Critton, Luttier & Coleman
rcrit@bclclaw.com
Roth & Scholl
Coral Gables, Fl 33146
jeff@rothandscholl.com
Suite 300
mfbooth@rrnzlaw.com
One E. Broward Blvd., Suite I 400
aneiwirth@gpwblaw .com
2441794-1
3
The Florida Bar
Lake Shore Plaza II
Sunrise, FL 33323
aq uintel@flabar. org
apascal@flab:ll'.org
mmoskowitz@mmsslaw.com
flc@katzbarron.com
Suite 300
bshraiberg@sfl-pa.com
HenryS. Wulf, Esq.
West Palm Beach, Florida 33401
E-Mail: hwulf@carltonfields.com
EMESS Capital, LLC
201 S. Biscayne Blvd., 17th Floor
E-Mail: bkatzen@klugerkaplan.com
jbennan@klugerkaplan.com
MASTER SERVICE LIST
Ira Sochet, Trustee
E-Mail: pmhudson@amstein.com
Coquina Investments
150 West Flagler Street, Suite 2200
E-Mail: predmond@steamsweaver.com
E-Mail: Michael.goldberg@akerman.corn
Eyal. berger@akerman.com
LMB Funding Group
c/o Robert C. Purr, Esq.
E-Mail: rfim@furrcohen.com
SEGALLIGORDICH P.A.
Email: lag@segallgordich.com
Email: mma@segallgordich.com
Broward County
Goverurnent Center
115 South Andrews Avenue
E-Mail: hhawn@broward.org
2441794-1
4
Gray Robinson, P.A.
E-Mail- steven.solomon@gray-
robinson.com
DAMIAN & V ALORI LLP
1000 Brickell Avenue, Suite 1 020
Miami, FL 33131
158 Gaither Drive, #200
(Via US Mail)
LLC
10201 Centurion Parkway North
(Via US Mail)
Company
(Via US Mail)
Houston, TX 77055
(Via US Mail)
Room 201
Carlton Building
(Via US Mail)
Case09-34791-RBR Doc1587 Filed04/01/11 Page12of26
MASTER SERVICE LIST
Suite 210
(Via US Mail)
140 West Flagler Street, 14th Floor
Miami, FL 33130
(Via US Mail)
P.O. Box 3715
West Palm Beach, FL 33402-3715
(Via US Mail)
THE LAW OFFICES OF
(Via US Mail)
Fort Lauderdale, FL 3 3 3 09
(Via US Mail)
155 Federal Street, 9th Floor
Boston, MA 02110
ffm@bostonbusinesslaw.com
99 Nesbit Street
dcarr@farr.com
Jane A. Bee, Esq.
Blank Rome LLP
130 North 18th Street
Philadelphia, PA 19103-6998
bee@blankrome.com
(VIA EMAIL)
2441794-1
5
rfc@colemanattorneys.com
MarkS. Haltzman, Esq.
Lamm Rubenstone, LLC
Trevose, PA 19053
mlmltzman@lammrubenstone.com
I 00 S.E. Third Ave, Suite 1300
buschel@bglaw-pa.com
LLP
Miami, FL 33131-2310
jmoon@melandrussin.com
prussin(li)melandrussin.com
Attn: MichaelS. Budwick, Esq.
mbudwick@melandrussin.com
Gary S. Blake, Esq.
1499 W. Palmetto Park Rd
Suite 300
gblake@lglaw.net
MASTER SERVICE LIST
Ill N.W. First Street
Miami, Fl33128-1993
Email: cao.bkc@miamidade.gov
jslatkin@slatkinrevnolds.com
ena@assoulineberlowe.com
COLT & MOSLE LLP
101 Park Avenue
New York, NY 10178-0061
E-mail: sreisman@curtis.com
COLT & MOSLE LLP
101 Park Avenue
New York, NY 10178-0061
E-mail: tsmith@curtis.com
COLT & MOSLE LLP
101 Park Avenue
2441794-1
6
New York, NY 10178-0061
E-mail: mgallagher@curtis.com
icruz@steamsweaver.com
P.A.
Coquina Investments
150 West Flagler Street
Lynn Maynard Gollin
lgollin@gordonrees.com
Gordon & Rees LLP
Four Seasons Tower
15th Floor
1441 Brickell A venue
Miami, FL 33131
PaulJ.McMabon,Esq.
Paul Joseph McMabon, P.A.
2840 S.W. Third Ave
pjm@pjmlawrniami.com
ravolio@avoliohanlon.com
MarkS. Shipman, Esq.
mark@shipso.com
MASTER SERVICE LIST
Fox Rothschild, LLP
West Palm Beach, Fl 33401
hries@foxrothschild.com
Miami Tower, 100 SE 2nd Street,
gaaronson@aaronsonpa.com
Michael Paris, Esq.
10 Saint James Avenue, 16th Floor
Boston, MA 02116
mparis@nbparis.com
wnystrom@nbparis.com
Miami, FL 33131-3238
SBaena@bilzin.com
Alberta L. Adams, Esq.
aadams@mpdlegal.com
James B. Sowka, Esq.
SEYFARTH SHAW LLP
Email: jsowka@seyfarth.com
2441794-1
7
David C. Christian II, Esq.
SEYFARTH SHAW LLP
Email: dchristian@seyf'arth.com
Grossman, LLP
201 S. Biscayne Blvd, 34th Floor
Email: drnl@lkllaw.com
John T. Rogerson, III, Esq.
P.A.
(Via U.S. Mail)
L
EXHffiiTA
3577356-1
SETTLEMENT AGREEMENT
This Settlement Agreement ("Agreement"), is entered into between and among (i)
Herbert Stettin, in his capacity as Chapter 11 Trustee ("Stettin" or "Trustee") of the bankruptcy
estate of Rothstein Rosenfeld! Adler, P.A. ("RRA" or the "Debtor"), in Case No. 09-34791-RBR
(the "Bankruptcy Case"), pending in the United States Bankruptcy Court for the Southern
District of Florida (the "Court"), (ii) Howard Gruverman, individually ("Gruverman"), (iii)
Gruverman Enterprises, Inc., a Florida Corporation ("GEl"), (iv) EdifY, LLC, a Florida Limited
Liability Company and (v) Iron Street Management, LLC, a Florida Limited Liability Company
("ISM") (collectively referred to below as the "Gruvcrman Entities"); and the Trustee,
Gruvennan and the Gruverman Entities are sometimes collectively referred to as the "Parties."
WHEREAS, on November 10, 2009 (the "Petition Date"), an involuntary bankruptcy
case was filed against RRA [D.E. #I] under Chapter II of Title II of the United States Code (the
"Bankruptcy Code"). On November 20, 2009, the Court entered an order directing the
appointment of a Trustee [D.E. #30] and the United States Trustee's office selected Stettin as the
Trustee in this case [D.E. #35]. On November 25, 2009, the Court ratified Stettin's appointment
as Trustee [D.E. #55]. The Court entered an Order for Relief on November 30,2009 [D.E. #66].
WHEREAS, the Trustee has claims against Gruverman to avoid and recover damages for
certain fraudulent transfers and other causes of action relating to the bankruptcy of RRA
(collectively referred to as the "Claims"),
WHEREAS, the Parties have decided to settle the Claims prior to formal litigation.
WHEREAS, Gruvcnnan denies the Claims made by the Trustee and enters into this
Agreement without admitting fault, liability or wrongdoing whatsoever.
I
J
WHEREAS, the Parties agree that the foregoing recitals are true and correct, and
NOW, lliEREFORE, in consideration of the mutual promises and releases contained
herein, and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Parties hereby agree as follows:
I. Settlement Payment: In full and final settlement of the Claims that could have
been asserted against Gruverrnan in the Bankruptcy Case, and subject to court approval of this
settlement, Gruverman shall pay the estate the following: (a) $100,000 on the date of the
execution of this Agreement; (b) an additional $100,000 within 30 days thereafter; (c) an
additional $100,000 within 60 days after execution of this Agreement; (d) an additional $50,000
within 90 days after execution of this Agreement; (e) an additional $50,000 within 120 days after
execution of this Agreement; and (f) an additional $50,000 within 150 days after execution of
this Agreement; and (g) an additional $50,000 within 180 days after execution of this Agreement
for a total sum of $500,000 all due on or before October I, 2011 (the "Settlement Payment").
Gruverrnan and the Gruverman Entities acknowledge that the Settlement Payment is a repayment
of amounts which RRA paid directly or indirectly to Gruverman and the Gruverrnan Entities and
does not constitute a fine or penalty.
2. General Release of Claims by Gruverman and the Gruverman Entities: On the
Effective Date (as defined in paragraph 4 below), Gruverman and the Gruverrnan Entities shall
be deemed to have fully, finally and forever released, relinquished, discharged and waived any
and all claims, causes of action, costs, damages, expenses, remedies, whether now known or
unknown, and whether pending or not yet asserted, contingent or non-contingent, liquidated or
unliquidated, matured or unmatured, which he individually or collectively with any of the
Gruverman Entities, have or may have had against RRA, the Trustee and the Trustee's attorneys
2
and accountants, relating in any manner whatsoever, directly or indirectly to RRA, its business
and operations, the Bankruptcy Case and the Claims. However, nothing herein shall operate or
otherwise be construed to operate as a release or discharge of any of the obligations of the
Trustee under this Agreement.
3. Release of Claims by the Trustee: On the Effective Date, the Trustee on behalf of
RRA and the RRA bankruptcy estate, shall be deemed to have fully, finally, and forever
relinquished, discharged, and waived any and all claims, causes of action, costs, damages,
expenses, remedies, whether now known or unknown, and whether pending or not yet asserted,
contingent or non-contingent, liquidated or unliquidated, matured or unmatured, which the
Trustee on behalf of RRA and the RRA bankruptcy estate has or may have had against
Gruvennan, individually or collectively with any of the Gruverman Entities, their attorneys and
accountants, relating in any manner whatsoever, directly or indirectly, to RRA, its business and
operations, the Bankruptcy Case and tile Claims. However, nothing herein shall operate or
otherwise be construed to operate as a release or discharge of any of the obligations of
Gruvcrman and the Gruverman Entities under this Agreement.
4. Conditions Precedent and Effective Date. This Agreement shall become effective
on the date when all of the following have been satisfied (the "Effective Date"):
(a) This Agreement shall have been executed by the Parties on the signature lines
below.
(b) The Court shall have entered an order approving this Agreement in substantially
the fonn of the proposed order attached hereto as Exhibit A, and such order shall have become a
Final Order. As used herein, a "Final Order" means an order or judgment of the Court which has
not been reversed, stayed, modified or amended and: (i) as to which tile time to appeal or seek
3
I,
reconsideration or rehearing thereof has expired; (ii) in the event of a motion for reconsideration
or rehearing is filed, such motion shall have been denied by an order or judgment of the Court; or
(iii) in the event of an appeal is filed and pending, such appeal shall have been denied and the
time in which to seek further review ofthe order approving the settlement shall have expired.
(c) The Trustee shall have received the initial payment of $100,000.
(d) Simultaneous with the execution of this Agreement, Gruverman shall execute an
affidavit (in the form attached hereto as Exhibit B and incorporated by reference), certifying
under penalty of perjury that to the best of his personal knowledge all financial documentation
and disclosures that he has provided upon the Trustee's request regarding himself individually
and his corporate entities are complete, true and accurate as of the date thereof and contained the
following: (i) a description of all assets then owned by Gruverman, individually, jointly and
severally with his corporate entities, specifying among other things, the type of asset owned, the
manner in which title to such asset is held, and Gruverman's good faith estimate of the
approximate fair market value of each such asset, (ii) a schedule of all liabilities of Gruverman
and each of them, whether contingent or fixed, liquidated or unliquidated, including the party to
whom the obligation is owed, and a description of any collateral securing the repayment of each
liability, if any, and (iii) a representation by Gruverman that during the one year period prior to
the date that he executed this Agreement, Gruverman did not make any transfers for the purpose
of making himself judgment proof; or for the purpose of defrauding any of his actual or potential
creditors (collectively the "Financial Statement"). The Trustee may take whatever action he
deems necessary and appropriate, in his sole discretion, to determine the accuracy of the
Financial Statement If within one (1) year from the date the Court approves the Agreement the
Trustee discovers that (i) Gruvennan's net worth was materially greater than that revealed prior
4
to or on the date of execution of this Agreement, and (ii) Gruverman owned an asset with a value
of $20,000 or greater that was not disclosed by him prior to the date of execution of this
Agreement, then the Trustee may take all action he deems appropriate to obtain custody and title
of said asset for the benefit of the RRA Estate.
5. Non-Approval. In the event that this Agreement is not approved by the Court,
the Parties shall be returned to the status quo ante prior to their entry into this Agreement, and
this Agreement shall be deemed null and void. In addition, within ten (1 0) business days of such
non-approval, the Trustee shall return the Settlement Payment to Gruverman, if so received.
6. Cooperation. Gruverman shall cooperate with the Trustee by providing periodic
unsworn proffers regarding any matter the Trustee may request. The Trustee will not seek to
take additional sworn testimony from Gruverman, nor will he or his counsel induce anyone else
to attempt to do so. The Trustee will reasonably cooperate with Gruverman in the event that he
requests documentation or information regarding RRA from the Trustee in the future.
7. Non-disparagement. None of the Parties to this Agreement (including their
respective counsel) shall disparage the other. Good faith enforcement of this Agreement shall
not be deemed to be disparagement.
8. No Admission. Nothing contained herein shall be deemed a representation or
admission of any fault or liability by Gruverman as to any issue involved in the Bank111ptcy
Case, or for any other purpose whatsoever.
9. Attorneys' Fees and Costs. Each Party shall bear his own attorneys' fees and costs
incurred in connection with the negotiation and documentation of this Agreement and the
Bankruptcy Case. In the event any litigation is necessary to enforce any term or performance of
5
this Agreement, the prevailing party in any such dispute shall be entitled to recover his
reasonable attorneys' fees and costs from the other.
10. Entire Agreement. This Agreement constitutes the entire agreement of the Parties
hereto regarding the subject matter hereof. Each of the Parties acknowledge and agree that there
are no communication; or oral understandings contrary, different, or that in any way restrict this
Agreement and that all prior agreements or understandings within the scope of the subject matter
of this Agreement are superseded in all respects and are null and void upon the execution of this
Agreement.
11. Amendment. No waiver, modification or amendment of the terms of this
Agreement shall be valid or binding, unless made in writing, signed by each of the Parties and
then only to the extent as set forth in such written waiver, modification, or amendment.
12. Counterparts. The Parties may execute this Agreement in counterparts, which
shall have the same force and effect as if the Parties had signed the same instrument. Signatures
transmitted by facsimile or email shall have the same effect as original signatures.
13. Retention of Jurisdiction. Any claim or litigation arising from or in connection
with this Agreement or the order approving it shall be exclusively maintained in the Court, and
the order approving this Agreement shall expressly provide that the Court shall retain jurisdiction
to enforce such order, as well as the terms of this Agreement. The terms of this agreement shall
expressly provide the Trustee with a right to enter final judgment for any portion of the $500,000
Settlement Payment that is not paid as agreed. Any default in monthly payment due hereunder
shall accelerate the remaining balance owing.
6
14. Choice of Law. This Agreement shall be govemcd by, and construed and enforced
in accordance with the laws of the State of Florida, without regard to its conflict of Jaw
principles.
15. Approval Motion. The Parties and their counsel shall use diligent efforts to cause
the Court to approve this Agreement and to effectuate the settlement on the stated terms and
conditions set forth herein.
16. Neutral Interpretation. In the event any dispute arises between the Parties with
regard to the interpretation of any term of this Agreement, each of the Parties shall be considered
collectively to be the drafting party and any mlc of construction to the effect that ambiguities are
to be resolved against the drafting party, shall be inapplicable.
17. Advice of Counsel. The Parties ac!mowledge that they have been represented by
counsel of their own choice in the negotiations leading up to the execution of this Agreement and
that they have read this Agreement and have had the opportunity to receive an explanation from
legal counsel regarding the legal nature and effect hereof.
18. Binding Effect: This Agreement and its terms shall be binding on the Trustee and
Gruvcrman, along with their respective successors and assigns. The order approving this
Agreement shall be binding on the Trustee and Gruverman, their respective successors and
assigns, as well as on all persons and entities that get actual, negative, or constructive notice of
the Trustee's motion to approve this Agreement.
19. Divisions and Headings. The divisions of this Agreement into sections and
subsections and the use of captions and headings in connection therewith are solely for
convenience and shall have no legal effect in construing the provisions of this Agreement.
20. Recitals. The Recitals to this Agreement are hereby incorporated herein by this
7
'
J

MAR- 2 9- 1 1 Hls!t<t'IBID'R 1Filee il4i011f111r HP.age..2S of 26 P. e 2
n;lt!\,.'lh.'t',
TMrd;
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'
STATE Of FLORIDA )
)
COUNTYOFBROWARD )
AFFIDAVIT OF HOWARDS. G"RUVERMAN
I, HOWARDS. GRUVERMAN, depose and say:
I. On November 8, 20!0, Herbert Stettin, in his capacity as Chapter II Trustee
("Stettin" or "Trustee") of the bankruptcy estate of Rothstein Rosenfeldt Adler, P .A. ("RRA" or
the "Debtor''), pending in the United States Bankruptcy Court for the Southern District of
Florida, Case No. 09-34791-RBR, pursued claims for fraudulent transfer among other causes of
action against myself, Gruverman Enterprises, Inc., Edify, and Iron Street Management.
2. Gruverman Enterprises, Inc., Edify, Iron Street Management and I have reached a
proposed settlement with the Trustee to resolve the claims without formal litigation. Pursuant to,
and in furtherance of, the proposed settlement agreement, I hereby certify and confirm under
penalty of perjury that all fmancial documentation and disclosures that have been provided by
me upon the Trustee's request are complete, true and accurate as of this date to the best of my
personal knowledge, information and belief.
FURTHER AFFIANT SA YETH NAUGHT.
Sworn to and subscribed before me this
NOTARY PUBLIC
My Commission Expires:

ANNIEMERCEDES
f."f'',.; MY COMMISSION t DO 680888
%i,, '' EXPIRES;Seplember15,2011
""-:t ;.. BordedbuNataryNI!IetwkiiWIItei'B

INRE:
EXHIBITB
ROTHSTEIN ROSENFELDT ADLER, P.A., CHAPTER 11
Debtor.
___________________________ /
ORDER GRANTING MOTION TO APPROVE SETTLEMENT AND RELEASE
BETWEEN ill THE CHAPTER 11 TRUSTEE, @HOWARD GRUVERMAN, (III)
GRUVERMAN ENTERPRISES. INC .. (IV) EDIFY, LLC. AND (V) IRON STREET
MANAGEMENT. LLC
THIS CAUSE came before the Court upon the Trustee's Motion to Approve Settlement
and Release Between (i) The Chapter 11 Trustee, (ii) Howard Gruverman, (iii) Gruverman
Enterprises, Inc., (iv) EdifY, LLC, and (v) Iron Street Management, LLC [D.E. _] (the
"Motion") filed by the Trustee on April1, 2011. The Court, having reviewed the Motion and the
Court file, having found that proper notice of the Motion has been given and having been
3577356-1
advised that no objections to or requests for hearing on the Motion have been timely received by
the Trustee or counsel or filed with the Court, finds it appropriate to grant the Motion.
Accordingly, it is -
ORDERED as follows:
I. The Motion is GRANTED.
3. The Court retains jurisdiction to enforce the terms of the Mediation Settlement
Agreement.
Submitted by:
Charles H. Lichtman, Esq.
Berger Singerman, P .A.
Suite 1000
Main Line: (954) 525-9900
Facsimile: (954) 523-2872
Copy furnished to:
###
(Charles H Lichtman is directed to serve this Order to all parties of interest and to file a
Certificate of Service.)
35773561
;
I
I
'
Inre:
Case 09-34791-RBR Doc 1588 Filed 04/01/11 Page 1 of31
Chapter 11
ROTHSTEIN ROSENFELDT ADLER, PA.,
1
Debtor.
- - - - - - - - - - - - - - - - - - - - - - - - - - ~ /
MOTION TO APPROVE SETTLEMENT AND
RELEASE BETWEEN THE CHAPTER 11 TRUSTEE,
ROBIN KEMPNER AND MARY NOA (aka MARY NOA KEMPNER)
Any interested party who Jails to file and serve a written
response to this' motion within 21 days after the dllte of
hearing may then be canceled.
Herbert Stettin ("Stettin" or "Trustee"), the Chapter 11 Trustee of Rothstein Rosenfeldt
Alder, P.A. ("RRA" or "Debtor"), pursuant to Rule 9019(a) of the Federal Rules of Bankruptcy
Procedure, files this Motion to Approve Settlement and Release Between The Chapter 11 Trustee,
Robin Kempner and Mary Noa (aka Mary Noa Kempner) ("Kempner" and "Noa Kempner'')
(the "Motion") seeking approval of a settlement between the Trustee, Robin Kempner and Mary
Noa (aka Mary Noa Kempner) ("Kempner" and "Noa Kempner") (together with the Trustee,
"the Parties"), and in support states:
Background
!. This case was commenced as an involuntary chapter 11 proceeding on November
10,2009, by four petitioning creditors (the "Bankruptcy Case"). [D.E. 1].
1
The address and last four digits of the taxpayer identification number of the Debtor, Rothstein Rosenfeld! Adler,
P.A., is 6600 NW 16th Street, Suite 11, Plantation, FL 33313 (TIN 7961).
3516758-1
3. On November 20, 2009 this Court entered an order directing the appointment of a
date to various parties.
5. On October 25, 2010, the Trustee commenced an adversary proceeding, 10-03670-
BKC ("Adversary") against Robin Kempner by filing a Complaint to Avoid and Recover
Fraudulent Transfers of Property pursuant to 544, 548 and 550 of the Bankruptcy Code, and
726.105 and 726.106 of the Florida Statutes and Rule 7001 of the Federal Rules of
Bankruptcy Procedure [Adv. D.E. I] (the "Complaint") seeking return of alleged fraudulent
payments made by the Debtor to or for the benefit of Robin Kempner and/or Mary Noa Kempner
in the amount of approximately $620,000.00 (the "Demand Amount").
6. On November 8, 2010, the Trustee filed his Amended Complaint (the "Amended
Complaint") adding the following parties, Mary Noa (aka Mary Noa Kempner), Bank of
America, N.A., and Suntrust Bank, N.A. to the instant action (D.E. 4).
7. On December 7, 2010, Kempner filed her answer to the Amended Complaint [D.E.
13]. On December 30, 2010, Noa Kempner filed her answer to the Amended Complaint [D.E.
18].
3516758-1
I
I
'j
8. Following informal discussions between the Trustee, Kempner and Noa Kempner, the
parties have reached a comprehensive settlement agreement. The terms of the Settlement are
fully set out in the Settlement Agreement (the "Settlement Agreement") attached hereto as
Exhibit "A" and summarized below.
9. Filed simultaneously with this Motion, the Trustee files a Notice of Stipulation of
Dismissal with Sun Trust Bank.
Terms of Settlement
10. The Trustee, Robin Kempner and Mary Noa (aka Mary Noa Kempner) have
reached a resolution of the outstanding issues raised in the Adversary (the "Settlement"), as
follows:
a. Kempner and Noa Kempner shall assign, convey and turnover in fee simple
absolute, by general warranty deed (attached as Exhibit A to the Settlement Agreement) to the
Trustee all right, title and interest in the real property located at 591 NE 5th Street, Pompano
Beach, Florida 33060 ("the Settlement Payment"). Kempner and Noa Kempner shall remain
obligated to pay complete consideration to Sun Trust Bank to satisfy in full; the Revolving Line
of Credit Mortgage dated September 3, 2010, and recorded on September 28, 2010. The
Settlement Payment is a repayment of amounts which RRA paid directly or indirectly to
Kempner and Noa Kempner and does not constitute a fme or penalty.
b. On the Effective Date, as defmed in the Settlement Agreement, Kempner and Noa
Kempner shall be deemed to have fully, fmally and forever released, relinquished, discharged
and waived any and all claims, causes of action, costs, damages, expenses, remedies, whether
now known or unknown, and whether pending or not yet asserted, contingent or non-contingent,
liquidated or unliquidated, matured or umnatured, which they individually or jointly, have or
3516758-1
may have had against RRA, the Trustee and the Trustee's attorneys and accountants, relating in
any manner whatsoever, directly or indirectly to RRA, its business and operations, the
Bankruptcy Case and the Claims. However, nothing herein shall operate or otherwise be
construed to operate as a release or discharge of any of the obligations of the Trustee under the
Settlement Agreement.
c. On the Effective Date, as defined in the Settlement Agreement, the Trustee on
behalf of RRA and the RRA bankruptcy estate, shall be deemed to have fully, finally, and
forever relinquished, discharged, and waived any and all claims, causes of action, costs,
damages, expenses, remedies, whether now known or unknown, and whether pending or not yet
asserted, contingent or non-contingent, liquidated or unliquidated, matured or unmatured, which
the Trustee on behalf of RRA and the RRA bankruptcy estate has or may have had against
Kempner and Noa Kempner, individually or jointly, their attorneys and accountants, relating in
any manner whatsoever, directly or indirectly, to RRA, its business and operations, the
Bankruptcy Case and the Claims. However, nothing herein shall operate or otherwise be
construed to operate as a release or discharge of any of the obligations of Kempner or Noa
Kempner under the Settlement Agreement.
11. If this Settlement Agreement is not approved by the Court, the parties will
return to the status quo ante and reserve all rights with respect to the Settlement.
Relief Requested and Basis Therefor
12. The Trustee seeks approval of the Settlement pursuant to Rule 9019 of the
Federal Rules of Bankruptcy Procedure.
13. Rule 9019(a) provides that, after notice and a hearing, a court may approve a
proposed settlement of a claim. The decision of whether or not to approve a compromise is
35167581
l
f
I
within the sound discretion of the court. In re Chira, 367 B.R. 888, 896 (S.D. Fla. 2007) citing
In re Air Safety Intern., L.C., 336 B.R. 843, 852 (S.D. Fla. 2005); In re Arrow Air, Inc., 85 B.R.
886 (Bankr. S.D. Fla. 1988).
14. In passing on proposed settlements, the Court must determine whether a
proposed settlement is fair and equitable. In re Chira, 367 B.R. at 896 (S.D. Fla. 2007). The
Court must evaluate whether the compromise falls below the "lowest point in the range of
reasonableness." In re S&IInvestments, 421 B.R. 569, 583 (Bankr. S.D. Fla. 2009) citing In re
Bicoastal Corp., 164 B.R. 1009, 1016 (Bankr. M.D. Fla. 1993); In re Arrow Air, Inc., 85 B.R. at
886 (Bankr. S.D. Fla. 1988).
15. The Eleventh Circuit, in In re Justice Oaks II, Ltd., 898 F.2d 1544, 1549,
provided additional guidance regarding whether a settlement should be approved, and
established a four-part test:
and delay necessarily attending it; and
d. The paramount interest of the creditors and a proper deference to their
16. The Trustee submits that the proposed Settlement overwhelmingly satisfies the
Justice Oaks standard.
17. The Settlement provides the Trustee with an opportunity to efficiently settle
significant claims of the estate on favorable terms against a party capable of fmancing the costs
3516758-1
of protracted litigation, from trial and through the exhaustion of appellate remedies, and will
provide the Debtor's estate with a significant recovery.
necessary. It is also anticipated that, due to the positions advanced by both sides, the costs
associated with litigating this matter through trial and the exhaustion of appellate remedies
would be significant.
caused by litigating with Kempner and Noa Kempner would not be in the best interest of the
Debtor's estate.
resolution set forth in the attached Settlement Agreement is in the best interest of the Debtor's
estate and the creditors of the estate.
WHEREFORE, the Trustee respectfully requests the entry of an order in substantially
the same form of the order attached as Exhibit "B", (i) granting this Motion, (ii) approving the
Dated: April 1, 20 11.
351675&-l
Attorneys for the Trustee, Herbert Stettin
350 East Las Olas Blvd., Suite 1000
Main Line: (954) 525-9900
Facsimile: (954) 523-2872
Charles H. Lichtman
Fla. Bar No. 501050
clichtrnan@bergersingerman.com
'
'

Stefanic C. Moon
Fla. Bar No. 0074195
smoon@bergersingerman.com
I CERTIFY that a true and correct copy of the foregoing was served via the Court's
CM/ECF system to all registered users in this case and via Regular U.S. Mail, postage prepaid,
'
fax, email and/or overnight delivery, as indicated, upon all parties on the attached Service List
this 1st day of April, 2011.
3516758-1
Charles H. Lichtman
MASTER SERVICE LIST
Piso 8
Caracas, Venezuela
Genovese Joblove & Battista, PA
Place
100 S.E. 2nd Street, Suite 4400
Coffey Burlington,
Office in the Grove
Penthouse
kcoffey@coffeyburlington.com
One Biscayne Tower
Suite 3700
Tripp Scott
110 Southeast Sixth Street
Fifteenth Floor
Fort Lauderdale, Fl. 3330 I
jgb@trippscott.com
2441794-1
Grise! Alonso, Esq.
Alison.Lehr@usdoj .gov
Grisel.alonso@usdoj.gov
Sonn & Erez, PLC
Suite 1600
Fort Lauderdale, Florida 3 3 3 94
jsonn@sonnerez.com
Suite 1204
Thomas Tew, Esq.
Tew-Cardenas, LLP
Four Seasons Tower
15th Floor
tt@tewlaw.com
bs@conradscherer.com
JSilver@conradscherer.com

'
MASTER SERVICE LIST
1 E Broward Blvd Ste 1010
Ft Lauderdale, Florida 33301
mseese@hinshawlaw.com
P.O. Box 21126
(Via U.S. Mail)
7850 SW 6th Court
(Via U.S. Mail)
Miami, Fl 33130
(Via U.S. Mail)
United Healthcare
Dept. CH 10151
Palatine, IL 60055
(Via US Mail)
I 000 S. Pine Island Rd., Ste 340
(Via U.S. Mail)
(Via U.S. Mail)
2441794-1
2
99 NE 4th Street
Miami, Fl 33132
(Via U.S. Mail)
Daniel Mink
OvadiaLevy
14051 NW 14th Street
(Via U.S. Mail)
wsalirn@rnmsslaw.com
US!
Attn: Anthony Gruppo
Suite 500
Anthony.gruppo@usi.biz
(VIA EMAIL)
Marc Nurik, Esq.
1 East Broward Blvd
Suite 700
Fort Lauderdale, FL 3 3 3 01
marc@nuriklaw.com
(VIA EMAIL)
BAST AMRON LLP
SWlTrust International Center
One Southeast Third Avenue
Suite 1440
bamron@bastamron.com
jbast@bastamron.com
MASTER SERVICE LIST
Mark Bloom, Esq.
Miami, FL 33131-3238
bloomm@gtlaw.com
huttonj@gtlaw.com
Robert D. Gritton, Esq.
Burman, Gritton, Luttier & Coleman
rcrit@bclclaw.com
Roth & Scholl
Coral Gables, Fl33146
jeff@Iothandscholl.com
Suite 300
mfbooth@nnzlaw.com
One E. Broward Blvd., Suite 1400
aneiwirth@qpwblaw.com
24417941
3
The Florida Bar
Lake Shore Plaza II
Sunrise, FL 33323
aguintel@flabar.org
apascal@flabar.org
mmoskowitz@,mmsslaw.com
flc@katzbarron.com
Suite 300
bshraiberg@sfl-pa.com
HenryS. Wulf, Esq.
West Palm Beach, Florida 33401
E-Mail: hwulf@carltonfields.com
EMESS Capital, LLC
20 I S. Biscayne Blvd., 17th Floor
E-Mail: bkatzen@klugerkaplan.com
jbennan@klugerkaplan.com
'
MASTER SERVICE LIST
Ira Sochet, Trustee
E-Mail: pmhudson@arnstein.com
Coquina Investments
1 SO West Flagler Street, Suite 2200
E-Mail: predmond@stearnsweaver.com
E-Mail: Michael.goldberg@akerman.com
Eyal.berger@akerman.com
LMB Funding Group
c/o Robert C. Purr, Esq.
E-Mail: rfurr@furrcohen.com
SEGALLIGORDICH P.A.
Email: lag@segallgordich.com
Email: mma@segallgordich.com
Broward County
Government Center
115 South Andrews Avenue
E-Mail: hhawn@broward.org
2441794-1
4
Gray Robinson, P.A.
E-Mail- steven.solomon@gray-
robinson.com
DAMIAN & VALOR! LLP
1000 Brickell Avenue, Suite I 020
Miami, FL 33131
158 Gaither Drive, #200
(Via US Mail)
LLC
1020 I Centurion Parkway North
(Via US Mail)
Company
(Via US Mail)
Houston, TX 77055
(Via US Mail)
Room201
Carlton Building
(Via US Mail)
MASTER SERVICE LIST
Suite 210
(Via US Mail)
140 West Flagler Street, 14th Floor
Miami, FL 33130
(Via US Mail)
P.O. Box 3715
West Palm Beach, FL 33402-3715
(Via US Mail)
THE LAW OFFICES OF
(Via US Mail)
(Via US Mail)
155 Federal Street, 9th Floor
Boston, MA 0211 0
ffm@bostonbusinesslaw.com
99 Nesbit Street
dcarr@farr.com
Jane A. Bee, Esq.
Blank Rome LLP
130 North 18th Street
Philadelphia, PA 19103-6998
bee@blankrome.com
(VIA EMAIL)
2441794-1
5
rfc@colemanattomeys.com
MarkS. Haltzman, Esq.
Larnm Rubenstone, LLC
Trevose, PA 19053
mhaltzman@lammrubenstone.com
100 S.E. Third Ave, Suite 1300
buschel@bglaw-pa.com
LLP
Miami, FL 33131-2310
jmoon@melandrussin.com
prussin@melandrussin.com
Attn: Michael S. Budwick, Esq.
mbudwick@melandrussin.com
Gary S. Blake, Esq.
1499 W. Palmetto Park Rd
Suite 300
gblake@lglaw.net
J
MASTER SERVICE LIST
111 N.W. First Street
Miami, Fl 33128-1993
Email: cao.bkc@miamidade.gov
matkin@slatkinreynolds.com
ena@assoulineberlowe.com
COLT & MOSLE LLP
101 Park Avenue
New York, NY 10178-0061
E-mail: sreisman@curtis.com
COLT & MOSLE LLP
101 Park Avenue
New York, NY 10178-0061
E-mail: tsmith@curtis.com
COLT & MOSLE LLP
101 Park Avenue
2441794-1
6
New York, NY 10178-0061
E-mail: mgallagher@curtis.com
icruz@stearnsweaver.com
P.A.
Coquina Investments
!50 West Flagler Street
Lynn Maynard Gollin
lgollin@gordonrees.com
Gordon & Rees LLP
Four Seasons Tower
15th Floor
Miami, FL 33131
PaulJ.McMahon,Esq.
Paul Joseph McMahon, P.A.
2840 S.W. Third Ave
pjm@pjmlawrniami.com
ravolio@avoliohanlon.com
Mark S. Shipman, Esq.
mark@shipso.com
MASTER SERVICE LIST
Fox Rothschild, LLP
West Palm Beach, Fl 33401
hries@foxrothschild.com
Miami Tower, 100 SE 2nd Street,
gaaronson@aaronsonpa.com
Michael Paris, Esq.
10 Saint James Avenue, 16th Floor
Boston, MA 02116
mparis@nbparis.com
wnystrom@nbparis.com
Miami, FL 33131-3238
SBaena@bilzin.com
Alberta L. Adams, Esq.
aadams@mpdlegal.com
James B. Sowka, Esq.
SEYFARTH SHAW LLP
Email: jsowka@sevfarth.com
2441794-l
7
David C. Christian IT, Esq.
SEYFARTHSHAWLLP
Email: dchristian@seyfarth.com
Grossman, LLP
201 S. Biscayne Blvd, 34th Floor
Email: dml@lkllaw.com
John T. Rogerson, Ill, Esq.
P.A.
(Via U.S. Mail)
'

3516758-l
EXHIDIT "A"
SETTLEMENT AGREEMENT
SETI'LEMENT AGREEMENT
This Settlement Agreement ("Agreement"), is entered into between and among Herbert
Stettin, in his capacity as Chapter II Trustee ("Stettin" or "Trustee") of the bankruptcy estate of
Rothstein Rosenfeld! Adler, P.A. (''RRA" or the "Debtor"), in Case No. 09-34791-RBR (the
"Bankruptcy Case"), pending in the United States Bankruptcy Court for the Southern District of
Florida (the "Court") and Robin Kempner and Mary Noa (aka Mary Noa Kempner) ("Kempner"
and "Noa Kempner"); and the Trustee, Kempner and Noa Kempner are collectively referred to as
the "Parties.',
WHEREAS, on November !0, 2009 (the "Petition Date"), an involuntary bankruptcy
case was filed against RRA [D.E. #1] under Chapter 11 of Title 11 ofthe United States Code
(the "Bankruptcy Code"). On November 20, 2009, the Court entered an order directing the
appomtment of a Trustee [D.E. #30] and the United States Trustee's office selected Stettin as the
Trustee in this case [D.E. #35]. On November 25, 2009, the Court ratified Stettin's appointment
as Trustee [D.E. #55]. The Court entered an Order for Relief on November 30, 2009 [D.E. #66].
WHEREAS, on November 8, 2010, the Trustee filed an adversary proceeding against
Kempner, Bank of America, Noa Kempner and SunTrust Bank (Herbert Stettin v Robin
Kempner, et. al., Adv. Pro. No. 10-03670-BKC-RBR-A (the "Adversary Proceeding"). By the
Adversary Proceeding, the Trustee sought, among other relief, to avoid and recover damages for
certain fraudulent transfers and other causes of action (collectively referred to as the "Claims").
WHEREAS, the Trustee, Kempner and Noa Kempner have decided to settle the
Adversary Proceeding.

J
WHEREAS, Kempner and Noa Kempner deny the allegations made by the Tn1stee in the
Adversary Proceeding and enter into this Agreement without admitting fault, liability or
wrongdoing whatsoever.
WHEREAS, the Parties agree that the foregoing recitals are true and correct, and
NOW, THEREFORE, in consideration of the mutual promises and releases contained
herein, and for other good and valnable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Parties hereby agree as follows:
l. Settlement Payment: In full and final settlement of the Claims and any and all
other claims that could have been asserted against Kempner and Noa Kempner in an Adversary
Proceeding or in the Bankruptcy Case, and subject to Court approval of this settlement, Kempner
and Noa Kempner shall assign, convey and turnover in fee simple absolute, by general warranty
deed (in the form attached hereto as Exhibit A and incorporated by reference), to the Trnstee the
following: all right, title and interest in the real property located at 591 NE 5th Street, Pompano
Beach, Florida 33060 (''the Settlement Payment"). Kempner and Noa Kempner shall remain
obligated to pay complete consideration to SunTrust Bank to satisfy in full, the Revolving Line
of Credit Mortgage dated September 3, 2010, and recorded on September 28, 2010 in the Official
Records Book of the Public Records in Broward County, Florida prior to the Effective Date ( as
defined in paragraph 4 below). The Settlement Payment is a repayment of amounts which RRA
paid directly or indirectly to Kempner and Noa Kempner and does not constitute a fine or
penalty.
2. General Release of Claims by Kempner and Noa Kempner: On the Effective
Date (as defmed in paragraph 4 below), Kempner and Noa Kempner shall be deemed to have
fully, finally and forever released, relinquished, discharged and waived any and all claims,
2
causes of action, costs, damages, expenses, remedies, whe!her now known or unknown, and
whether pending or not yet asserted, contingent or non-contingent, liquidated or unliquidated,
matured or unmatured, which they individually or jointly, have or may have had against RRA,
!he Trustee and !he Trustee's attorneys and accountants, relating in any manner whatsoever,
directly or indirectly to RRA, its business and operations, !he Bankruptcy Case and the Claims.
However, no!hing herein shall operate or otherwise be construed to operate as a release or
discharge of any of the obligations of the Trustee under this Agreement.
3. Release of Claims by the Trustee: On the Effective Date (as defined in paragraph
4 below), the Trustee on behalfofRRA and the RRA bankruptcy estate, shall be deemed to have
fully, finally, and forever relinquished, discharged, and waived any and all claims, causes of
action, costs, damages, expenses, remedies, whether now known or unknown, and whether
pending or not yet asserted, contingent or non-contingent, liquidated or unliquidated, matured or
umnatured, which the Trustee on behalf of RRA and !he RRA bankruptcy estate has or may have
had against Kempner and Noa Kempner, individually or jointly, their attorneys and accountants,
relating in any manner whatsoever, directly or indirectly, to RRA, its business and operations,
!he Bankruptcy Case and !he Claims. However, nothing herein shall operate or otherwise be
construed to operate as a release or discharge of any of !he obligations of Kempner or Noa
Kempner under this Agreement.
4. Conditions Precedent and Effective Date. This Agreement shall become effective
on !he date when all of the following have been satisfied (the "Effective Date"):
(a) This Agreement shall have been executed by the Parties on the signature lines
below.
3
(b) The Court shall have entered an order approving this Agreement in substantially
the form of the proposed order attached hereto as Exhibit B, and such order shall have become a
Final Order. As used herein, a "Final Order" means an order or judgment of the Court which has
not been reversed, stayed, modified or amended and: (i) as to which the time to appeal or seek
reconsideration or rehearing thereof has expired; (ii) in the event of a motion for reconsidemtion
or rehearing is filed, such motion shall have been denied by an order or judgment of the Court; or
(iii) in the event of an appeal is filed and pending, such appeal shall have been denied and the
time in which to seek further review of the order approving the settlement shall have expired.
(c) Kempner and Noa Kempner shall have fully satisfied the Revolving Line of
Credit Mortgage dated September 3, 2010, and recorded on September 28, 2010 in the Official
Records Book of the Public Records in Broward County, Florida.
(d) Kempner and Noa Kempner shall have fully satisfied the property taxes for 2010.
(e) Kempner and Noa Kempner shall have assigned, conveyed and turned over in fee
simple absolute, by general warranty deed, to the Trustee all right, title and interest in the real
property located at 591 NE 5th Street, Pompano Beach, Florida 33060.
(f) Simultaneous with the execution of this Agreement, Kempner and Noa Kempner
shall execute an affidavit (in the form attached hereto as composite Exhibit C and incorporated
by reference), certifying under penalty of peljury that all financial documentation and disclosures
that they have provided upon the Trustee's request are complete, troe and accurate as of this date
and contained the following: (i) a description of all material assets then owned by Kempner and
Noa Kempner, individually, jointly and severally, specifying among other things, the type of
asset owned, the manner in which title to such asset is held, and Kempner and Noa Kempner's
good faith estimate of the approximate fair market value of each such asset, (ii) a schedule of all
4
liabilities of Kempner and Noa Kempner and each of them, whether contingent or fixed,
liquidated or unliquidated, including the party to whom the obligation is owed, and a description
of any collateral securing the repayment of each liability, if any, and (iii) a representation by
Kempner and Noa Kempner that during the one year period prior to the date that they executed
this Agreement, Kempner and Noa Kempner did not make any transfers for the purpose of
making themselves judgment proof, or for the purpose of defrauding any of their actual or
potential creditors (collectively the "Financial Statement"). The Trustee may take whatever
action he deems necessary and appropriate, in his sole discretion, to determine the accuracy of
the Financial Statement. If within one (1) year from the date the Court approves the Agreement
the Trustee discovers that (i) Kempner and Noa Kempner's net worth was materially greater than
that revealed prior to or on the date of execution of this Agreement, and (ii) Kempner and Noa
Kempner owned an asset with a value of $20,000 or greater that was not disclosed by them prior
to the date of execution of this Agreement, then the Trustee may take all action he deems
appropriate to obtain custody and title of said asset for the benefit of the RRA Estate.
5. Non-APProval. In the event tl)at this Agreement is not approved by the Court,
the Parties shall be returned to the status quo ante prior to their entry into this Agreement, and
this Agreement shall be deemed null and void. In addition, within ten ( 1 0) business days of such
non-approval, the Trustee shall return the Settlement Payment to Kempner and Noa Kempner.
6. Cooperation. The Parties will reasonably cooperate with each other in the event
that a request of documentation or information regarding RRA is made in the future.
7. Non-disparagement. None of the Parties to this Agreement (including their
respective counsel) shall disparage the other. Good faith enforcement of this Agreement shall
not be deemed to be disparagement.
5
8. No Admission. Nothing contained herein shall be deemed a representation or
admission of any fault or liability by Kempner and Noa Kempner as to any issue involved in the
Bankruptcy Case, or for any other purpose whatsoever.
9. Attomevs' Fees and Costs. Each Party shall bear his own attorneys' fees and costs
incurred in connection with the negotiation and documentation of this Agreement and the
Bankruptcy Case. In the event any litigation is necessary to enforce any term or performance of
this Agreement, the prevailing party in any such dispute shall be entitled to recover his or her
reasonable attorneys' fees and costs from the other.
10. Entire Agreement. This Agreement constitutes the entire agreement of the Parties
hereto regarding the subject matter hereof. Each of the Parties acknowledge and agree that there
are no communications or oral understandings contrary, different, or that in any way restrict this
Agreement and that all prior agreements or understandings within the scope of the subject matter
of this Agreement are superseded in all respects and are null and void upon the execution of this
Agreement.
11. Amendment. No waiver, modification or amendment of the terms of this
Agreement shall be valid or binding, unless made in writing, signed by each of the Parties and
then only to the extent as set forth in such written waiver, modification, or amendment.
12. Counterparts. The Parties may execnte this Agreement in counterparts, which
shall have the same force and effect as if the Parties had signed the same instrument. Signatures
transmitted by facsimile or email shall have the same effect as original signatures.
13. Retention of Jurisdiction. Any claim or litigation arising from or in connection
with this Agreement or the order approving it shall be exclusively maintained in the Court, and
6
the order approving this Agreement shall expressly provide that the Court shall retain jurisdiction
to enforce such order, as well as the terms of this Agreement.
14. Choice of Law. This Agreement shall be governed by, and construed and enforced
m accordance with the laws of the State of Florida, without regard to its conflict of law
principles.
15. Anproval Motion. The Parties and their counsel shall use their best efforts to
cause the Court to approve this Agreement and to effectuate the settlement on the stated terms
and conditions set forth herein.
16. Neutral Intemretation. In the event any dispute arises between the Parties with
regard to the interpretation of any term of this Agreement, each of the Parties shall be considered
collectively to be the drafting party and any rule of construction to the effect that ambiguities are
to be resolved against the drafting party, shall be inapplicable.
17. Advice of Counsel. The Parties acknowledge that they have been represented by
counsel of their own choice in the negotiations leading up to the execution of this Agreement and
that they have read this Agreement and have had the opportunity to receive an explanation from
legal counsel regarding the legal nature and effect hereof.
18. Binding Effect: This Agreement and its tenns shall be binding on the Trustee,
Kempner and Noa Kempner, along with their respective successors and assigns. The order
approving this Agreement shall be binding on the Trustee, Kempner and Noa.Kempner, their
respective successors and assigns, as well as on all persons and entities that get actual, negative,
or constructive notice of the Trustee's motion to approve this Agreement.
7
MAR-21-11 MON HERBERT STETTIN,P.A. P.02
' :

.,
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'
,
!9, Pivisjono !171!! HeBdinos. The dlvls!Qil$ or lhl$ Into atld
the or In ere solely tbr
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and hove nQ In r,Qnstrulng the p{Dvilllons of tills
20, The 10 this are h?reby hq"'ln \hie
IN wriNe:SS HI>RilOF, the 1111<lorsigned, duly aulhorlze(l, ltavo tl!is
to be CKCCU!11 on the daros shown b<.tklw:

Da!ed: . __ Ut_rkt.. .--
Pared: hr.. ..
8
This lnslrUmnl prepared by and
pleas; re/Ul'n lo:
Marc S. ShuJ/er, Esq.
Berger Singerman
JSO East Las Olar Blvd., Suite 1000
Fori Laudm/4/e, Florida 33301
Tax Polio No.-----
GENERAL WARRANTY DEED
THIS GENERAL WARRANTY DEED is made effective on this 15th day ofMarch 2011,
by each of Robin Kempner and Mary Noa Kempner, jointly and severally, ("Grantors"), whose
address is 84-09 35th Avenue #SL, Jackson Heights, NY 11372, to Herbert Stettin, as Chapter II
Trustee for the Bankruptcy Estate of Rothstein, Rosenfeldt & Adler, P .A. (''Grantee"), whose address
is 6600 NW 16th Street, Suite II, Plantation, FL 33313. The terms "Grantors" and "Grantee" in this
instrument include the respective successors and assigns of said parties.
WITNESSETH:
That Grantors, for and in consideration of the swn of One Hundred Dollars ($!00.00) to
them in band paid by Grantee, the receipt whereof is hereby acknowledged, do hereby grant, bargain,
sell, alien, remise, release, convey and confirm unto Grantee that certain property (the "Property")
lying and being in Broward County, Florida, and more particularly described In the legal description
and sketch attached as Exhibit "'A" hereto.
Subject only to that certain Bank of America Revolving Line of Credit Mortgage dated
March IS, 2006 from Thomas P. Henry and Michelle D. Henry, husband and wife, in the amount of
$25,000, and recorded on December 14,2006, in the Official Records Book 43273, at Page 620, of
the Public Records of Broward County, Florida.
TOGETHER with all the tenements, hereditaments and appurtenances belonging or in any
way appertaining to said Property.
TO HAVE AND TO HOLD the same in fee simple forever.
Grantors hereby covenant with said Grantee that Grantors tll'e lawfully se/.t.td of said
Property in fee simple; that Grantors have good right and lawful authority to seU and convey said
Property; and that Grant11n dtJ hereby warrant the title to said Property and will defend tlte same
against the lawful claims of all persmJtJ wholfiStHWer.
IN WITNESS WHEREOF, the Granton hnve caused this General Warranty Deed lobe
delivered the day and year :first above
Signed, sealed 111111 delivered
in the prese1100 of:
The tbregoing lnstri.UIWnl was acknowledged befure me this.lt ... day ofMatch 2011, by Him
Kempner. ( ) who is personally known tn me or ( ..Ywho has produoed -------
as identification. r/;;:J/)
y UBLIG ( h
S!:
My Commission Expires:
2
1\,J,..R ll v' !h0Ax.-B\)11L [_
(SEAL)
STATE OF ______ )
COUNTY OF ___ _
)SS:
)
The foregoing i.nsttument was acknowledged before me this .!a_ "'day of March 2011, by
Robin Kemper, ( ) who is personally known to me or .(-- ) who has produced
0- :u/:;:__ttwf!/;vt
Print:
My Commission Ex.pires: (SEAL)
3
COMMONWEAL Tl1 Of
...

CMlerine A. van pm,h. '!.:.. .u: ..
aty of fJhiladelphll!l, F'hl)uoJ,;:,:-' f.JJuntv
My CtlfllfJliss!un ,_;
Member, Pcnnsvtvan\a uf Nordnt ....
/
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I
- - - - - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
AFFIDAVIT OF ROBIN KEMPNER
I, Robin Kempner, depose and say:
I. On November 8, 20 I 0, Herbert Stettin, in his capacity as Chapter II Trustee
("Stettin" or "Trustee") of the bankruptcy estate of Rothstein Rosenfeld! Adler, P .A. ("RRA" or
the "Debtor") pending in the United States Bankruptcy Court for the Southern District of Florida
(Case No. 09-34791-RBR), filed an adversary proceeding against myself, Mary Noa Kempner,
Bank of America, and Sun Trust Bank (Herbert Stettin v Robin Kempner, et. a!., Adv. Pro. No.
I 0-03670-BKC-RBR-A) (the "Adversary Proceeding").
2. Mary Noa Kempner and I have reached a proposed settlement with the Trustee to
settle the Adversary Proceeding. Pursuant to, and in furtherance of, the proposed settlement
agreement, I hereby certify and confirm that all information provided in the attached Financial
Statements is true and correct to the best of my personal knowledge, information and belief.
Sworn to and subsclibed
before me, this yr'L._
day 2011

Robin
AFFIDAVIT OF MARY NOA KEMPNER
I, Mary Noa Kempner, depose and say:
I. On November 8, 20 I 0, Herbert Stettin, in his capacity as Chapter II Trustee
("Stettin" or ''Trustee") of the bankruptcy estate of Rothstein Rosenfeldt Adler, P .A. (''RRA" or
the "Debtor") pending in the United States Bankruptcy Court for the Southern District ofFJorida
(Case No. 09-34791-RBR), filed an adversary proceeding against myself, Robin Kempner, Bank
of America, and Sun Trust Bank (Herbert Stettinv IWbin&mpner, et. a/., Adv. Pro. No. 10-
0367Q-BKCRBR-A) (the "Adversary Proceeding").
2. Robin Kempner and I have reached a proposed settlement with the Trustee to
settle the Adversary Proceeding. Pursuant to, and in furtherance of; the proposed settlement
agreement, I hereby certifY and confirm that all information provided in the attached Financial
Statements is true and correct to the best of my personal knowledge, information and belief.
Sworn to and subsclihed
befure me, this /:t -{'C; -
day ofli\JI.U >, 2011
(;;
INRE:
EXHIBIT "B"
Debtor.
--------------'/
ORDER GRANTING MOTION TO APPROVE SETTLEMENT
AND RELEASE BETWEEN THE CHAPTER 11 TRUSTEE,
ROBIN KEMPNER AND MARY NOA (aka MARY NOA KEMPNER)
TIDS CAUSE came before the Court upon the Trustee's Motion to Approve Settlement
and Release Between The Chapter II Trustee and Robin Kempner and Mary Noa (aka Mary
Noa Kempner) [D.E. _](the "Motion") filed by the Trustee on April 1, 2011. The Court,
having reviewed the Motion and the Court file, having found that proper notice of the Motion
has been given and having been advised that no objections to or requests for hearing on the
Motion have been timely received by the Trustee or counsel or filed with the Court, finds it
appropriate to grant the Motion. Accordingly, it is-
3516758-1
'
ORDERED as follows:
1. The Motion is GRANTED.
3. The Court shall retain jurisdiction over any matter or dispute arising from or
relating to the implementation of this Order.
4. The Trustee is authorized and empowered to execute and deliver any and all
instruments that may be required to effectuate the Settlement Agreement pursuant to the terms of
this Order.
Submitted by:
Suite 1000
Main Line: (954) 525-9900
Facsimile: (954) 523-2872
Copy furnished to:
###
(Charles H Lichtman is directed to serve this Order to all parties of interest and to file a
35167581
045281
Form CGFD17 (1Q/15110)
lnre:
Rothstein Rosenfeldt Adler, PA
6600NW16St#11
EIN: 01-0587961
Southern District of Florfda
www.flsb.useourts.gov
RECEiVED
OCi v ~ ~
Case Nui1iiM: ~ R
ChBP'f!'=ll*.UDERDALE OFFICI:::
NOTICE REGARDING FILING OF TRANSCRIPI' AND DEADLINE FOR FILING
NOTICE OF INTENT OR MOTIONS TO REQUEST REDACTION OF TRANSCRIPI'
Notice is hereby given that an official transcript of a proceeding held on 8130111 has been filed on
9/27/2011 by the court reporter in the above captioned matter.
Pursuant to the "Bankruptcy Court Guidelines on Electronic Availability of Transcripts and Procadures for
Transcript Redaction", the parties have until10104f2011 to file with the court a local form "Notice of Intent
to Request Redaction of Transcript." Parties timely filing the local fom1 "Notice of Intent to Request
Redaction of Transcripr shall, within 21 days of the date the transcript was docketed, unless otherwise
ordered by the court, file a 'Statement of Personal Data Identifier Redaction Request which shall indicate,
by page and line number, the location of the personal data identifiers for which redaction is being
requested.
Parties seeking to review the unredacted transcript filed with the court may either (1) purchase a copy of
the transcript from the court reporter: Ouellette and Mauldin Court Reporters, 28 West Flagler St., Swte
808, Miami, Florida 33130, (305) 358-8875; or (2) view a copy of the transcript at no charge in any of the
clerk's three divisional offices.
If a "Statement of Personal Data Identifier Redaction Request" is filed, the redacted transcript is due
1W2Bf2011.
Absent the filing of a timely motion related to redaction, or further order of the court, the transcript will be
made available alter 1212112011 for remote electronic access and at the clerk's office public terminals for
viewing and printing.
Dated: IW8/11 CLERK OF COURT
By: Melva Weldgn
Deputy Clerk
The clerk shall serve a copy of this notice on all case participants listed as appearances on the transcript.
37209045326018
ScottWalterRothstein ScottWalterRothstein ScottWalterRothstein ScottWalterRothstein 2010-50,656 2010-50,656 2010-50,656 2010-50,656
MicheleWright MicheleWright MicheleWright MicheleWright to: KennethL.Marvin,KennethBryk 10/05/201102:02PM
History: Thismessagehasbeenforwarded.
NoticeRegardingFilingofTranscript &DeadlineforFiling....10/05/2011
-Object_27BB636_0.PDF
MicheleL MicheleL MicheleL MicheleL. .. . Wright Wright Wright Wright
BranchDataEntrySpecialist BranchDataEntrySpecialist BranchDataEntrySpecialist BranchDataEntrySpecialist
TheFloridaBar TheFloridaBar TheFloridaBar TheFloridaBar , ,, , LawyerRegulation LawyerRegulation LawyerRegulation LawyerRegulation
Ft Ft Ft Ft. .. . LauderdaleBranchOffice LauderdaleBranchOffice LauderdaleBranchOffice LauderdaleBranchOffice
phone phone phone phone:( :( :( :(954 954 954 954) )) ) 835 835 835 835- -- -0233 0233 0233 0233
fax fax fax fax:( :( :( :(954 954 954 954) )) ) 835 835 835 835- -- -0133 0133 0133 0133
mwright mwright mwright mwright @ @@ @flabar flabar flabar flabar . .. .org org org org
045281
Form CGFD17 (1Q/15110)
lnre:
Rothstein Rosenfeldt Adler, PA
6600NW16St#11
EIN: 01-0587961
Southern District of Florfda
www.flsb.useourts.gov
RECEiVED
OCi v ~ ~
Case Nui1iiM: ~ R
ChBP'f!'=ll*.UDERDALE OFFICI:::
NOTICE REGARDING FILING OF TRANSCRIPI' AND DEADLINE FOR FILING
NOTICE OF INTENT OR MOTIONS TO REQUEST REDACTION OF TRANSCRIPI'
Notice is hereby given that an official transcript of a proceeding held on 8130111 has been filed on
9/27/2011 by the court reporter in the above captioned matter.
Pursuant to the "Bankruptcy Court Guidelines on Electronic Availability of Transcripts and Procadures for
Transcript Redaction", the parties have until10104f2011 to file with the court a local form "Notice of Intent
to Request Redaction of Transcript." Parties timely filing the local fom1 "Notice of Intent to Request
Redaction of Transcripr shall, within 21 days of the date the transcript was docketed, unless otherwise
ordered by the court, file a 'Statement of Personal Data Identifier Redaction Request which shall indicate,
by page and line number, the location of the personal data identifiers for which redaction is being
requested.
Parties seeking to review the unredacted transcript filed with the court may either (1) purchase a copy of
the transcript from the court reporter: Ouellette and Mauldin Court Reporters, 28 West Flagler St., Swte
808, Miami, Florida 33130, (305) 358-8875; or (2) view a copy of the transcript at no charge in any of the
clerk's three divisional offices.
If a "Statement of Personal Data Identifier Redaction Request" is filed, the redacted transcript is due
1W2Bf2011.
Absent the filing of a timely motion related to redaction, or further order of the court, the transcript will be
made available alter 1212112011 for remote electronic access and at the clerk's office public terminals for
viewing and printing.
Dated: IW8/11 CLERK OF COURT
By: Melva Weldgn
Deputy Clerk
The clerk shall serve a copy of this notice on all case participants listed as appearances on the transcript.
37209045326018
034931
ORDERED In the Southern District of Florida on
In re:
Raymond B. Ray, Judge
UnHecl States Banlcruptcy CoiA't
Broward Division
FLORlDA UAI-'
:-I lAUDERDALE
ROTHSTEIN ROSENFELDT ADLER, PA,
Debtor(s).
Case No. 0934791-BKC-RBR
Chapter 11
In re:
BANYON 1030-32, LLC,
Debtor(s).
Case No. 1 0-33691-BKG-RBR
Chapter?
Ceae No.10-33691-RBR])
THIS MATTER came before the Court without a hearing on September 29, 2011, on the
Trustee in Rothstein Rosenfeld! Adler's Motion to Consolidate Case(s) 10-33691 into Lead
Case 09-34791 [Case No. 09-34791-RBR at DE 1997; Case No. 10-33691-RBR at DE 182],
and it is ORDERED as follows:
1. The Motion is scheduled for a one (1) day evidentiary heertna on Octgbtr 17. 2011 at
10:00 A,M. in Courtroom 308, 299 East Broward Boulevard, Fort Lauderdale, Florida, 33301.
2. Responsive pleadings to the Motion shall be filed by October 12.2011.
37409034965019
3. The parties shall bring to the hearing the following. (A) An exhibit list showing the exhibits,
including deposition transcripts, intended to be offered as evidence at the hearing. See
Local Form 49. Movants and/or Plaintiffs shall mark their exhibits numerically. Respondents
and/or Defendants shall mark their exhibits alphabetically. (B) A set of pre-marked exhibits
to the Court and opposing Counsel and copies of relevant exhibits to the witness(es).
Finally, (C) Any witnesses.
a. Admissibility of Ellhibits. The parties shall confer on the admissibility of the exhibits
prior to the hearing, and shall announce on the record the exhibits they agree are
admitted into evidence, objected to, or withdrawn.
4. SybmiSsjons. At the conclusion of the hearing the Court, in lieu of final argument, may
request that each party submit a proposed memorandum opinion with findings of fact and
conclusions of law with a separate proposed final judgment, in word processing fonnat, to
the Court's electronic mailbox, RBR_Chambers@flsb.uscourts.gov.
###
The Clerk shall provide notice to all parties registered lor eieclronlc notice in case Nos. 09-34791 and 1CX!3691
034931 37409034965019
Form CGFCRD8 (1/26/11)
In re:
Rothstein Rosenfeld! Adler, PA
6600 NW 16 St #11
Plantat1on, FL 33313
El N 01-0587961
Southern District of Florida
NOTICE OF EVIDENTIARY HEARING
r ;: t()R'J. \
?!
NOTICE IS HEREBY GIVEN that an evidentiary hearing will be held on October 31, 2011 at 09:30AM, at
the following location:
U.S. Courthouse, 299 E Broward Blvd #308, Ft Lauderdale, FL 33301
to consider the following:
Motion to Compromise Controversy with (I} Herbert Stettin as Chapter 11 Trustee of Rothstein
Rosenfeldt Adler, P.A.; (II} George and Gayla Sue Levin; (Ill} Banyon 1030-32, LLC; and (IV} Related
Banyon Entities Filed by Trustee Herbert Stettin (2010}
THE MOVANT, (OR MOVANT'S COUNSEL if represented by an attorney} SHALL SERVE A COPY OF
THIS NOTICE OF HEARING and, unless previously served, the above-described pleading on all required
parties within the time frames required by the Bankruptcy Rules, Local Rules, or orders of the Court, and
shall file a certificate of service as required under Local Rules 2002-1 (F) and 9073-1 (B). Any party who
fails to properly serve any pleadings or other paper may be denied the opportunity to be heard thereon.
PLEASE NOTE: Photo identification is required to gain entrance to all federal courthouse facilities.
Electronic devices, including but not limited to cameras, cellular phones (including those with cameras),
pagers, personal data assistants (PDA), laptop computers, radios, tape-recorders, etc., are not permitted
in the courtroom, chambers or other environs of this court. These restrictions (except for cameras not
integrated into a cell phone device} do not apply to attorneys with a valid Florida Bar identification card,
attorneys who have been authorized to appear by pro hac vice order and witnesses subpoenaed to appear
in a specific case. An attorney seeking entry to the Ft. Lauderdale courthouse facilities must also be
admitted to practice in the Southern District of Florida or be authorized to appear by pro hac vice order. No
one is permitted to bring a camera or other prohibited electronic device into a federal courthouse
facility except with a written order signed by a judge and verified by the United States Marshal's
Service. See Local Rule 5072-2.
Dated: 9/29/11 CLERK OF COURT
By: Edy Gomez
Courtroom Deputy
In re:
Raymond B. Ray, Judge
www.flsb.uscourts.qov
Broward Division
ROTHSTEIN ROSENFELDT ADLER, PA,
Debtor(s).
Chapter 11
- - - - - - - - - - - - - - - - ~ '
In re:
BANYON 1030-32, LLC, Case No. 10-33691-BKC-RBR
Debtor(s). Chapter 7
- - - - - - - - - - - - - - - - ~ '
ORDER SCHEDULING HEARING ON MOTION TO CONSOLIDATE AND
REQUIRING RESPONSE
([DE 1997 in Case No. 09-34791-RBR and DE 182 in Case No. 10-33691-RBR])
THIS MATTER came before the Court without a hearing on September 29, 2011, on the
Trustee in Rothstein Rosenfeld! Adler's Motion to Consolidate Case(s) 10-33691 into Lead
Case 09-34791 [Case No. 09-34791-RBR at DE 1997; Case No. 10-33691-RBR at DE 182),
and it is ORDERED as follows:
1. The Motion is scheduled for a one (1) day evidentiary hearing on October 17. 2011 at
10:00 A.M. in Courtroom 308, 299 East Broward Boulevard, Fort Lauderdale, Florida, 33301.
2. Responsive pleadings to the Motion shall be filed by October 12. 2011.
3. The parties shall bring to the hearing the following. (A) An exhibit list showing the exhibits,
including deposition transcripts, intended to be offered as evidence at the hearing. See
Local Form 49. Movants and/or Plaintiffs shall mark their exhibits numerically. Respondents
and/or Defendants shall mark their exhibits alphabetically. (B) A set of pre-marked exhibits
to the Court and opposing Counsel and copies of relevant exhibits to the witness( es ).
Finally, (C) Any witnesses.
a. Admissibility of Exhibits. The parties shall confer on the admissibility of the exhibits
prior to the hearing, and shall announce on the record the exhibits they agree are
admitted into evidence, objected to, or withdrawn.
4. Submissions. At the conclusion of the hearing the Court, in lieu of final argument, may
request that each party submit a proposed memorandum opinion with findings of fact and
conclusions of law with a separate proposed final judgment, in word processing format, to
the Court's electronic mailbox, RBR_Chambers@flsb.uscourts.gov.
###
The Clerk shall provide notice to all parties registered for electronic notice in Case Nos. 09-34791 and 10-33691
------------------------------ ------------------ ---- - --
In re:
oRDRED in the Southern District of Florida on /21-' :JU1
ROTHSTEIN ROSENFELDT ADLER, P.A.
1
, CHAPTER 11
Debtor.
- - - - - - - - - - - - - - - - - - - - - - - - - - ~ '
ORDER GRANTING TRUSTEE'S MOTION TO AMEND NOTICE PROCEDURES.
LIMIT NOTICE. AND TO APPROVE FORM AND MANNER OF NOTICE
THIS MATTER came before the Court on the 22"d day of September 2011 at in Fort
Lauderdale, Florida upon the Trustee 's Motion to Amend Notice Procedures, Limit Notice, and to
Approve Form and Manner of Notice (the "Motion") [D.E. 1959] The Court, having determined
that the relief requested in the Motion is in the best interests of the Debtor, the estate, and
creditors and other parties in interest; and it appearing that adequate notice has been given, the
Court having jurisdiction over the subject matter of this Motion, and the Court finding good
1
The address and last four digits of the taxpayer identification number ofthe Debtor, Rothstein Rosenfeld! Adler,
P.A., is Las Olas City Centre, 401 E. Las Olas Blvd, Suite 1650, Fort Lauderdale, Florida 33301 (TIN 7961).
3933151-1
cause for the approval of the Motion, it is
ORDERED as follows:
1. The Motion is GRANTED.
2. The Order Granting Chapter 11 Trustee's Motion to: (A) Approve Form and
Manner of Limited Notice and (B) Approve the Form and Manner of Notice of Commencement
("Original Order") [D.E. 206) and Order Granting Trustee's Ex-Parte Motion to Amend Order
Granting Chapter 11 Trustee's Motion to: (A) Approve Form and Manner of Limited Notice and
(B) Approve the Form and Manner of Notice of Commencement (the "Amended Order") [D.E.
#272) are hereby further AMENDED as follows:
Notwithstanding anything to the contrary in any prior order, the following parties shall
receive notice of Material Matters (as that term is defined in the Original Order [D.E. 206)):
(a) all parties on the Master Service List, set forth by Local Rule 2002-l(H)(l);
(b) all parties that have filed a proof of claim with either the Clerk of the Court or
Trustee Services, Inc.;
(c) all parties whose claims are listed on the Debtor's schedules but were not
required to file a proof of claim; and
(d) all parties directly affected by any relief the Trustee or any other creditor or
party in interest may seek in a motion or application filed in this case.
3. The Court approves the form of notice which is attached to the Motion as Exhibit
A (the "Form of Notice"). Such Form of Notice provides sufficient notice of the relief being
sought by the Trustee and adequately provides a mechanism to obtain a copy of the motion or
request for relief in a timely manner. The Trustee is AUTHORIZED to use the Form ofNotice
in lieu of providing a copy of any motion or request for relief. This relief is authorized for all
3933151-1
matters, without regard to the amount at issue or the relief sought, including but not limited to, (i)
motions seeking approval on negative notice, and (ii) motions seeking the entry of a bar order.
Submitted by:
Paul Steven Singerman, Esq.
200 S. Biscayne Blvd., Suite 1000
Miami, FL 33131
Telephone: (305) 755-9500
Facsimile: (305) 714-4340
singerman@bergersingerman.com
Copy furnished to:
Paul Steven Singerman, Esq.
###
(Attorney Singerman is directed to serve this Order to all parties of interest and to file a
39331 s 11
c t
In re:
ROTHSTEIN ROSENFELDT ADLER, P.A., CHAPTER II
Debtor.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ /
NOTICE:
TAKE NOTICE: that Herbert Stettin, the Chapter II Trustee of Rothstein Rosenfeldt Adler
P.A.(the "Trustee") is seeking relief from the Bankruptcy Court in the Southern District of
Florida. This relief may affect your rights. A copy of the Trustee's motion [NAME AND D.E.
#OF MOTION] may be accessed free of charge from www.rra-bk.com. To access the motion:
select "docket and claims"; read and accept the disclaimer; make sure that the "docket search"
tab is selected (it is the middle one); insert the "docket number"; and press search.
Additionally, copies may be requested free of charge by contacting:
Isaac Marcushamer, Esq.
Suite 1000
Miami, FL 33131
Telephone: (305) 755-9500
Fax: (305) 714-4340
miS IS THE ONLY NOTICE YOU WILL RECEIVE REGARDING THE RELIEF
SOUGHT BY THE TRUSTEE.
3933151-1
UNITEDSTATESBANKRUPTCYCOURT
www .flsb.uscourts.gov
Inre:
Debtor.
- - - - - - - - - - - - - - - - - - - - - - - - - - ~ '
TAKE NOTICE: that Herbert Stettin, the Chapter 11 Trustee of Rothstein Rosenfeldt Adler
P.A.(the "Trustee") is seeking relief from the Bankruptcy Court in the Southern District of
Florida. This relief may affect your rights. A copy of the Trustee's Notice of Sale of Personal
Property [D.E. 2003] may be accessed free of charge from www.rra-bk.com. To access the
motion: select "docket and claims"; read and accept the disclaimer; make sure that the "docket
search" tab is selected (it is the middle one); insert the "docket number"; and press search.
Suite 1000
Miami, FL 33131
Telephone: (305) 755-9500
Fax: (305) 714-4340
THIS IS THE ONLY NOTICE YOU WILL RECEIVE REGARDING THE RELIEF
1
Please refer to the Order Granting Trustee's Motion to Amend Notice Procedures, Limit Notice, and to Approve
Form and Manner of Notice [D.E. 2009], which can be obtained utilizing the same procedures listed above.
39509771
UNITEDSTATESBANKRUPTCYCOURT
FORT LAUDERDALE DMSION
www .flsb.uscourts.gov
In re:
ROTHSTEIN ROSENFElDT ADLER, P.A., CHAPTER 11
Debtor.

TAKE NOTICE: tbat Herbert Stettin, tbe Chapter 11 Trustee of Rothstein Rosenfeldt Adler
P.A.(tbe ''Trustee") is seeking relief from tbe Bankruptcy Court in tbe Southern District of
Florida. This relief may affect your rights. A copy of tbe Trustee's Notit:e of Sale of Personal
Property [D.E. 2003] may be accessed free of charge from www.rra-bk.com. To access tbe
motion: select "docket and claims"; read and accept tbe disclaimer; make sure tbat tbe '
1
docket
search" tab is selected (it is tbe middle one); insert tbe "docket number"; and press search.
200 Soutb Biscayne Boulevard
Suite 1000
Miami, FL 33131
Telephone: (305) 755-9500

THIS IS TilE ONLY NOTICE YOU WILL RECEIVE REGARPING THE RE!.IEf
SOUGHT BY TilE TRUSTEE.
1
3950977-1
FORT LAUDERDALE DNISION
In re: CASE NO.: 09-34791-BKC-RBR
Debtor.
- - - - - - - - - - - - - - - - - - - - - - - - - - ~ '
TAKE NOTICE: that Herbert Stettin, the Chapter 11 Trustee of Rothstein Rosenfeldt Adler
P.A.(the ''Trustee") is seeking relief from the Bankruptcy Court in the Southern District of
Florida. This relief may affect your rights. A copy of the Motion to Substantively
Consolidate Alleged Debtor Banyon 1030-32, LLC with and into the Debtor's Bankruptcy
Estate Nunc Pro Tunc to November 30, 2009 [D.E. 1997] may be accessed free of charge from
www.rra-bk.com. To access the motion: select "docket and claims"; read and accept the
disclaimer; make sure that the "docket search" tab is selected (it is the middle one); insert the
"docket number"; and press search.
Suite 1000
Miami, FL 33131
Telephone: (305) 755-9500
Fax: (305) 714-4340
THIS IS THE ONLY NOTICE YOU WILL RECEIVE REGARDING THE RELIEF
1
3951145-1

The Florida Bar v. Scott W. Rothstein, 2010-50,656 (09B)

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The Florida Bar v. Scott W. Rothstein, 2010-50,656 (09B)

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