P & S & Co. LLC (P & S & CO), PS Inc., Shayeh Dove or Dov a.k.a. Steve Dov or Dove, Allura Dov or Dove a.k.a Adina Soskin, and Pamela Manson, Appellants,
SJ MAK, LLC, Appellee.
final until disposition of timely filed motion for rehearing.
Appeal from the Circuit Court for Miami-Dade County, Jorge E.
Cueto, Judge. Lower Tribunal No. 13-3923
Regnier Appeals, P.A. and Thomas Regnier (Sunrise), for
Trujillo Vargas Gonzalez & Hevia, LLP and Anthony C.
Hevia and Stephanie C. Hopple, for appellee.
FERNANDEZ, LUCK and LINDSEY, JJ.
judgment-debtor files for bankruptcy, the federal bankruptcy
code generally stays any actions seeking to collect from the
debtor. But does the stay preclude a trial court from
impleading non-debtor third party defendants into a
post-judgment supplementary proceeding? Here, we conclude it
did not because the supplementary proceedings did not seek to
void fraudulent transfers and the stay did not extend to the
non-bankrupt codefendant. Thus, we affirm the judgment
against the third party defendants.
Background and Procedural History
2012, SJ Mak, LLC, a real estate investment firm, bought the
notes and mortgages for several properties from P & S,
Inc. and Notez, LLC. Pamela Manson was P & S's
corporate director, and Shayeh Dov was Notez's director.
Pamela and Shayeh were a couple, and the companies were
located in their home. SJ Mak wired $143, 000 to P & S,
and $230, 000 to Notez. But P & S and Notez never
transferred the mortgages and notes to SJ Mak.
sued P & S and Notez for breach of contract and fraud. SJ
Mak alleged P & S and Notez never owned the mortgages and
notes they had sold, and instead pocketed SJ Mak's money
with no intention of transferring them. P & S and Notez
did not answer the amended complaint, and a default judgment
was entered against them on July 26, 2014. The final judgment
ordered P & S to pay $167, 701.66 (including interest and
attorneys' fees) and Notez to pay $261, 188.34 (same).
tried to collect on the final judgment by moving to garnish P
& S and Notez's money from the same Bank of America
account where SJ Mak wired the money in 2012. Bank of America
responded to the writ of garnishment that Notez's
accounts had been closed since 2010 (before SJ Mak's
agreement to purchase the mortgages and notes), and the bank
had no current accounts for P & S and Notez. The account
that SJ Mak wired in 2012 was the college student account for
Shayeh and Pamela's daughter, Allura Dov.
August 31, 2015, SJ Mak moved to commence supplementary
proceedings against Shayeh, Pamela, their son and daughter
(Shimon and Allura), and related entities P & S & Co.
and PS Inc. The motion sought to pierce P & S and
Notez's corporate veil, and hold the couple, their
children, and the related entities liable for the final
the supplementary proceedings motion was pending, on
September 21, 2015, Notez filed a suggestion of bankruptcy
explaining that the company had filed a voluntary petition
under chapter seven of the bankruptcy code, and gave the case
number. The suggestion also explained that "[t]he filing
of the Petition in Bankruptcy operate[d] as an automatic stay
against all actions, proceedings, and enforcement against the
Defendants under 11 U.S.C. Section 362."
Notez's bankruptcy case was pending, the trial court
granted the motion to commence supplementary proceedings,
ordered that the couple, their children, and the related
entities be impleaded as third party defendants in execution,
and set the matter for a hearing on February 8, 2016 so the
third party defendants could "be examined ...