Federal Deposit Insurance Corporation v. Kapila
| Soneet R. Kapila |
| Integra Bank, NA, Bank of America, N.A. and Federal Deposit Insurance Corporation as Receiver for Integra Bank, N.A. |
| Charles R. Sterbach and Kenneth C. Meeker |
| Louis J. Pearlman |
| 6:2011cv00007 |
| January 5, 2011 |
| US District Court for the Middle District of Florida |
| Orlando Office |
| Orange |
| John Antoon |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 0158 |
| None |
Docket Report
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This docket was last retrieved on September 7, 2012. A more recent docket listing may be available from PACER.
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| Filing 42 JUDGMENT in favor of Soneet R. Kapila against Bank of America, N.A., Federal Deposit Insurance Corporation as Receiver for Integra Bank, N.A. - Affirming Bankruptcy Court's Decision (Signed by Deputy Clerk) (IGC) |
Filing 41
ORDER affirming the decision of the bankruptcy court and directing the Clerk to enter judgment and close the file. Signed by Judge John Antoon II on 9/7/2012. (EK)
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| Filing 40 Minute Entry. Proceedings held before Judge John Antoon II: Oral Argument on Bankruptcy Appeal held on 5/15/2012. Counsel argue two issues before the Court: The question of whether the payments on the antecedent loans can be in furtherance of a fraud and whether the Ponzi scheme presumption, therefore, applies. The second issue was the applicability of the good faith defense. Court takes matter under advisement. Counsel for Appellant Bank of America: Bradley Saxton, Andrew Roy and Ryan Davis; Counsel for Appellee: Monique Hayes and Gregory Garno; Counsel for FDIC as Receiver: David Tong. Start time: 9:00 a.m; End time: 10:00 a.m. Court Reporter: Amie First (DJD) |
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Filing 39
ORDER Granting #36 Motion to substitute party. The FDIC is substituted as the Appellant Integra Bank, N.A. in this case. Granting #37 Motion by FDIC-R and Bank of America to Designate Bank of America as Representative of Appellant Joint Bank Defense Group; Bank of America, N.A. is designated as the representative of the Bank Joint Defense Group as Appellant to continue prosecuting this appeal. The Clerk of the Court is directed to correct the caption of this case to reflect this designation. The parties shall take Notice that oral argument on the issues raised in this bankruptcy appeal will be held before the Honorable John Antoon, United States District Judge, on Tuesday, May 15, 2012 at 9:00 a.m. The Clerk of the Court is directed to lift the stay and administrative closure entered in this case on February 3, 2012 (Doc. 35) and to reopen this file. Terminating #38 Motion regarding availability for oral argument. Signed by Judge John Antoon II on 4/13/2012. (DJD)
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| Filing 38 Joint MOTION for miscellaneous relief, specifically Availability for Oral Argument by Bank of America, N.A.. (Saxton, Bradley) |
| Filing 37 UNOPPOSED JOINT MOTION for miscellaneous relief, specifically to Designate Bank of America as Representative of Appellant Joint Bank Defense Group by Bank of America, N.A.. (Saxton, Bradley) Modified on 3/30/2012 (IGC). |
| Filing 36 Unopposed MOTION to substitute party APPELLANT by Federal Deposit Insurance Corporation as Receiver for Integra Bank, N.A.. (Tong, David) |
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Filing 35
ORDER granting #34 Motion to continue hearing; the February 7, 2012 hearing is cancelled and is continued for a period of forty-five (45) days; this case is stayed pending further Order of the Court; the Clerk of the Court is directed to administratively close this file. Signed by Judge John Antoon II on 2/3/2012. (BRS)
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| Filing 34 Unopposed MOTION to continue Hearing to Consider Oral Argument on Appeal by Soneet R. Kapila. (Garno, Gregory) |
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Filing 33
ORDER/NOTICE OF HEARING: oral argument on the issues raised in this bankruptcy appeal will be held before the Honorable John Antoon on TUESDAY, FEBRUARY 7, 2012 at 9:30 a.m. in Courtroom 6B. Signed by Judge John Antoon II on 1/30/2012. (BRS)
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Filing 32
ORDER directing the Clerk of the Court to lift the administrative closure of this file. Signed by Judge John Antoon II on 10/6/2011. (BRS)
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| Filing 31 BANKRUPTCY RECORD on appeal received consisting of items as designated on transmittal including: (Attachments: #1 Adversary Proceeding Docket, #2 Order Granting Motion to Strike Certain Designations of Items to be Included on Appeal (Doc #57), #3 Motion to Reconsider in Part the Court's Ruling on Plaintiff's Motion to Strike Certain Designations of Items to be Included on Appeal (Doc #59), #4 Order Denying Motion for Reconsideration (Doc #60))(AJ) |
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Filing 30
ORDER remanding this case to the Bankruptcy Court of the Middle District of Florida, Orlando Division, to resolve the disputes of the record on Appellant's designations re #22 MOTION to Strike Certain Designations; the Clerk of the Court is directed to administratively close this file until further Order of this Court. Signed by Judge John Antoon II on 6/9/2011. (BRS)
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| Filing 29 RESPONSE in opposition re #22 MOTION to strike filed by Integra Bank, NA. (AJ) |
| Filing 28 RESPONSE in opposition re #22 MOTION to strike filed by the Official Committee of Unsecured Creditors.(AJ) |
| Filing 27 BANKRUPTCY RECORD on appeal received consisting of items as designated on transmittal including: Supplemental Transmittal (AJ) |
| Filing 26 RESPONSE in opposition re #22 MOTION to strike filed by Integra Bank, NA. (IGC) |
| Filing 25 APPELLANT'S REPLY BRIEF by Integra Bank, NA. (Spivey, I.) |
| Filing 24 NOTICE by Integra Bank, NA of Filing of Objections With Respect to Plaintiff's Motion to Strike Certain Designations of Items to be Included in the Record on Appeal Filed by Integra Bank, N.A. with Respect to Bank Test Case No.1 (Spivey, I.) |
| Filing 23 BANKRUPTCY RECORD on appeal received consisting of items as designated on transmittal including: Pleadings and Other Items Designated by the parties. Complaint (Doc 1). (Attachments: #1 Amended Complaint (Doc 4), #2 Objection of the Official Committee of Unsecured Creditors to the Trustees Motion to Establish omnibus Procedures (Doc 2557), #3 Hearing Pro Memo (Doc 2579), #4 Order Pertaining to Stay of Adversary Proceedings (Doc 2643), #5 Motion to Settle Certain Adversary Proceedings (Doc 2644), #6 Order Granting Motion to Settle Certain Adversary Proceedings (Doc 2714), #7 Bank Test Case Order (Doc 2953), #8 Bank Joint Defense Group's Motion to Dismiss (Doc 5), #9 Response in Opposition to Bank Joint Defense Groups Test Case No 1 Motion to Dismiss (Doc 9), #10 Reply in Support of Bank Joint Defense Groups Motion to Dismiss (Doc 13), #11 Reply Memorandum of Amer Bank of St Paul & First Natl Bank & Truct Co in Support of Motion to Dismiss (Doc 3163), #12 Sur-Reply in Opposition to Bank Joint Defense Groups Test Case No 1 Motion to Dismiss (Doc 17), #13 Statement of the Official Committee of Unsecured Creditors with Respect to Test Case No 1 (Doc 3187), #14 Supplemental Memorandum Regarding Test Case No 1 Motion to Dismiss to Address New Authority (Doc 19))(AJ) |
| Filing 22 MOTION to strike Certain Designations of Items to be Included in the Record on Appeal filed by Integra Bank, N.A. Filed by Soneet R. Kapila. (AJ) |
| Filing 21 BANKRUPTCY RECORD on appeal received consisting of items as designated on transmittal including: Notice of Corrected Items to be Designated and Included in Record on Appeal. Filed by Soneet R. Kapila. (AJ) |
| Filing 20 BANKRUPTCY RECORD on appeal received consisting of items as designated on transmittal including: Appellant Designation of Contents for Inclusion in Record on Appeal (Appellant's Statement of Issues on Appeal and Designation of Items to be Included in the Record. Filed by Integra Bank, NA.(AJ) |
| Filing 19 BANKRUPTCY RECORD on appeal received consisting of items as designated on transmittal including: (Attachments: #1 Adversary Docket, #2 Memo Opinion Denying Bank Joint Defense Groups Motion to Dismiss (Doc 29), #3 Order Denying Bank Joint Defense Groups Motion to Dismiss (Doc 30), #4 Notice of Appeal (Doc 33))(AJ) |
| Filing 18 APPELLEE'S REPLY BRIEF by Soneet R. Kapila. (Garno, Gregory) |
| Filing 17 NOTICE by Soneet R. Kapila of Filing Appellee's Motion to Strike Designations and Corrected Designations of Record on Appeal (Attachments: #1 Exhibit A, #2 Exhibit B)(Garno, Gregory) |
| Filing 16 APPELLANT'S BRIEF by Integra Bank, NA. (Spivey, I.) |
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Filing 14
ORDER that Appellant Integra Bank, N.A., as the Test Case No. 1 Bank of the Bank Joint Defense Group, is granted leave to appeal the Bankruptcy Court's Opinion and Order denying the Test Case No. 1 Motion to Dismiss. Appellant's Brief shall be filed within fourteen (14) days from the date of this Order; Appellee's Answer Brief shall be filed within fourteen (14) days from the filing of Appellant's Brief; and Appellant's Reply Brief shall be filed within fourteen (14) days from the filing of Appellee's Brief. Signed by Judge John Antoon II on 3/9/2011. (DJD)
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| Filing 13 AMENDED NOTICE of docketing bankruptcy record on appeal advising counsel to comply with Rule 8009. Notice of appeal filed on 1/5/11. File received electronically. **amended to indicate on the notice the Bankruptcy Case No. & Adversary Proceeding No.** (IGC) |
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Filing 12
ORDER discharging the Order to Show Cause #6. Signed by Judge John Antoon II on 2/7/2011. (BRS)
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| Filing 11 RESPONSE re #6 Order to show cause dated February 2, 2011 filed by Integra Bank, NA. (Spivey, I.) |
| Filing 10 NOTICE of pendency of related cases re #3 Related case order and notice of designation of track 1 per Local Rule 1.04(d) by Integra Bank, NA. Related case(s): yes (Spivey, I.) |
| Filing 9 CERTIFICATE of interested persons and corporate disclosure statement re #4 Interested persons order by Integra Bank, NA. (Attachments: #1 Exhibit to Certificate of Interested Persons and Corporate Disclosure Statement)(Spivey, I.) |
| Filing 8 NOTICE of pendency of related cases re #3 Related case order and notice of designation of track 1 per Local Rule 1.04(d) by Soneet R. Kapila. Related case(s): No (Garno, Gregory) |
| Filing 7 CERTIFICATE of interested persons and corporate disclosure statement re #4 Interested persons order by Soneet R. Kapila. (Attachments: #1 Exhibit A)(Garno, Gregory) |
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Filing 6
ORDER TO SHOW CAUSE why this case should not be dismissed for Appellants failure to abide by the applicable rules as to Integra Bank, NA. Show Cause Response due by 2/8/2011. Signed by Judge John Antoon II on 2/2/2011. (DJD) ***DISCHARGED PER ORDER ENTERED ON 2/7/11 - DOCUMENT NO. 12 (IGC).***
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Filing 5
ORDER for Ari Newman to comply with the administrative procedures regarding electronic filing within 30 days from the date of this order. Signed by Judge John Antoon II on 1/20/2011. Copies mailed/e-mailed.(DJD)
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Filing 4
INTERESTED PERSONS ORDER. Certificate of interested persons and corporate disclosure statement due within 14 days from the date of this order. Signed by Judge John Antoon II on 1/20/2011. Copies mailed/e-mailed.(DJD)
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Filing 3
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 1. Notice of pendency of other actions due within 14 days from the date of this order. Signed by Judge John Antoon II on 1/20/2011. Copies mailed/e-mailed.(DJD)
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| Filing 2 NOTICE of docketing bankruptcy record on appeal advising counsel to comply with Rule 8009. Notice of appeal filed on 1/5/11 File received electronically. (IGC) |
| Filing 15 MOTION for leave to appeal re Bankruptcy Case No. 6:07-bk-761-KSJ, Adversary Proceeding No. 6:09-ap-715 by Integra Bank, NA. (IGC) |
| Filing 1 BANKRUPTCY RECORD on appeal received consisting of items as designated on transmittal including: filed by Integra Bank, NA.(Attachments: #1 Adversary Proceeding Docket, #2 Memo Opinion Denying Test Case No 1 Motion to Dismiss Doc 29, #3 Order Denying Test Case No 1 Motion to Dismiss Doc 30, #4 Motion for Leave to Appeal Doc 34, #5 Motion for Leave to Appeal (doc 34) Exhibit 1, #6 Motion for Leave to Appeal (doc 34) Exhibits 2-4, #7 Notice of Appeal Doc 33) (AJ) |
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