WALTER AUTO LOAN TRUST
v.
ATLANTIC ACCEPTANCE CORP.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Walter Auto Loan Trust obtained a charging order against the debtor's interests in four LLCs after the debtor failed to satisfy a judgment. The district court adopted the magistrate judge's report and recommendation, granting the judgment creditor's motion for a charging order under Florida law.
The court granted the plaintiff's motion for a charging order, issuing a charging order as to Mr. Rochefort's interests in all four LLCs, with all distributions, transfers, and amounts payable to Mr. Rochefort from these entities to be paid directly to the judgment creditor.
[1] A magistrate judge's factual findings are adopted when no timely objections are filed to the report and recommendation.
[2] A court may conduct a de novo review of a magistrate judge's report even in the absence of objections.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“As no timely objections were filed, the Magistrate Judge's factual findings in the Report are hereby adopted and deemed incorporated into this opinion.”
Establishes that the court adopted the magistrate judge's findings without objection and incorporated them into the opinion.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceWalter Auto Loan Trust is a judgment creditor seeking to enforce a judgment against a debtor (Mr. Rochefort). The debtor has ownership interests in fo…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
THIS CAUSE is before the Court upon Plaintiff’s Judgment Creditor’s Motion for Charging Order, filed on August 22, 2024 [DE 122] and the September 26, 2024 Report and Recommendation of Magistrate Judge Ryon M. McCabe (the “Report”) [DE 139]. The Court notes that no objections to the Report [DE 139] have been filed, and the time for filing such objections has passed. As no timely objections were filed, the Magistrate Judge’s factual findings in the Report are hereby adopted and deemed incorporated into this opinion. LoConte v. Dugger, 847 F. 2d 745, 749-50 (11th Cir. 1988), cert. denied, 488 U.S. 958 (1988); RTC v. Hallmark Builders, Inc., 996 F. 2d 1144, 1149 (11th Cir. 1993).
Although no timely objections were filed, the Court has conducted a de novo review of the Report and record and is otherwise fully advised in the premises. The Court agrees with the Magistrate Judge’s analysis and conclusions.
Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Report [DE 139] is hereby ADOPTED and APPROVED; 2. Plaintiff's Motion [DE 122] is hereby GRANTED.
3. A Charging Order is issued as to Mr. Rochefort’s interest in Propertytours.Tech LLC, BNB Landlord LLC, Beach Lighthouse LLC, and RNTLIQ LLC. pursuant to Fla. Stat. § 605.0503.
4. Any and all distributions, transfers, amounts owed and/or payable to Mr. Rochefort by or on behalf of the above-stated LLCs shall be paid to Walter Auto Loan Trust c/o its counsel in this action, Tony Andre, Andre Law Firm P.A., 1125 N.E. 125th St., Ste. 113, North Miami, FL 33161. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 15th day of October 2024. fl } “a 4 : “4 if % f ? f tne i ye Zo #4 v Paty 4 ‘4 ase Af
CA MAGIA AYN GC
VILLIAM P. DIMITROULEAS
United States District Judge Copies to: Counsel of record
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- LoCONTE v. Dugger, 847 F.2d 745 (11th Cir. 1988)
- Resolution Tr. Corp. v. Hallmark Builders, Inc., 996 F.2d 1144 (11th Cir. 1993)
- LoConte v. Dugger, 488 U.S. 958 (U.S. 1988)