MATTER OF KASSUBA

Bankruptcy No. 76-380-Bk-JE-B, Adv. No. A.

16 B.R. 699 (1982)

In the Matter of Walter J. KASSUBA, et al., Debtors. HEMMERLE INDUSTRIES, INC. et al., Plaintiffs, v. WALTER KASSUBA REALTY CORP. et al., Defendants. Landmark First National Bank of Ft. Lauderdale, Garnishee.

United States Bankruptcy Court, S.D. Florida.

January 12, 1982.


Attorney(s) appearing for the Case

Paul G. Hyman, Jr., Miami, Fla., for garnishee.

Irving Wolff, Miami, Fla., for defendant Walter Kassuba Realty Corp.

Jack A. Jensen, Deerfield Beach, Fla., for Hemmerle Industries.

William Rodriguez, Tampa, Fla., for Hemmerle Development Corp.

John R. Camp, Jr., Miami, Fla., for Kenneth V. Hemmerle.

Eric P. Turner, Fort Lauderdale, Fla., Timothy R. Thornton, Minneapolis, Minn., for Morgan and Ryan.


SUMMARY JUDGMENT

THOMAS C. BRITTON, Bankruptcy Judge.

In this involuted case, the debtor-in-possession, Kassuba, obtained a judgment for over $680,000 against K.V. Hemmerle and others on February 13, 1980. (C.P.No. 285a). A year later, Kassuba obtained a judgment that Hemmerle Development Corporation, a Florida corporation, is an alter ego of K.V. Hemmerle. (C.P.No. 429a). On March 25, 1981, Kassuba garnished Landmark Bank, which acknowledged an indebtedness...

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