Case 09-02464-RBR Doc 2 Filed 11/25/09 Page 1 of 5

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA
FORT LAUDERDALE DIVISION

In re: )
) Involuntary Chapter 11 Proceeding
ROTHSTEIN ROSENFELDT ADLER, )
P.A., ) Case No.: 09-34791-RBR
)
Alleged Debtor. )
_____________________________________ )
)
TD BANK, N.A., )
)
Plaintiff, ) Adv. Pro. No. 09-2464
)
v. )
)
HERBERT STETTIN, as Chapter 11 )
Trustee for the ESTATE OF ROTHSTEIN )
ROSENFELDT ADLER, P.A.; SCOTT W. )
ROTHSTEIN, an individual; KIMBERLY )
ANN ROTHSTEIN, an individual; )
UNITED STATES OF AMERICA; RUBIN )
VINE and SHARON VINE, individuals; )
TODD D. SNYDER, an individual; LMB )
FUNDING GROUP, a New Jersey )
corporation; DJB FINANCIAL )
HOLDINGs, LLC, a Florida Limited )
Liability Corporation; RRA GOAL LINE )
MANAGEMENT, LLC, a Florida Limited )
Liability Corporation; RRA SPORTS AND )
ENTERTAINMENT, LLC, a Florida )
Limited Liability Corporation; PRCH, LLC, )
a Delaware Limited Liability Corporation; )
THE BOVA GROUP, LLC a Florida )
Limited Liability Corporation; and JOHN )
DOE and JANE DOE, the names being )
fictitious, the real names being unknown, )
but the parties intended to be persons or )
entities who may claim an interest, )
)
Defendants. )

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 Case 09-02464-RBR Doc 2 Filed 11/25/09 Page 2 of 5

MOTION FOR AUTHORITY TO DEPOSIT FUNDS IN COURT REGISTRY

Plaintiff, TD Bank, N.A. (“TD Bank”), by and through its undersigned counsel and

pursuant to Federal Rules of Bankruptcy Procedure 7022 and 7067 and Local Rule 7067-1 of this

Court, moves for entry of an Order authorizing TD Bank to deposit the Funds1 held in a series of

operating and trust accounts maintained in the name of Rothstein Rosenfeldt Adler, P.A. (the

“Debtor” or “RRA”), as well as other bank accounts in the names of other persons and entities

believed to be affiliates or insiders of the Debtor, as defined in 11 U.S.C. §§101(2) and (31)

(collectively, the “Accounts”), into the Court registry, and states as follows:

1. Contemporaneously with the filing of this Motion, TD Bank has filed a Complaint

for Interpleader and Declaratory Relief (Adv. Proc. D.E. #1) (the “Complaint”) commencing

the above-captioned adversary proceeding (the “Adversary Proceeding”).

2. As more fully set forth in the Complaint, the allegations of which are incorporated

herein by reference, TD Bank is a mere disinterested stakeholder in this interpleader action. TD

Bank has received competing claims to the Funds held in as many as thirty-eight (38) separate

Accounts, and believes additional parties will continue to assert competing claims to the Funds.

Accordingly, in furtherance of this interpleader action and in order to satisfy its legal obligations

to the various claimants with respect to the Accounts, TD Bank proposes to deposit all of the

Funds into the Court registry.

3. In order to effectuate the relief sought in the Complaint and in accordance with

Federal Rules of Bankruptcy Procedure 7022 and 7067 and Local Rule 7067-1, TD Bank is

required to obtain leave of this Court to deposit the Funds with the Court pending disposition of

the Adversary Proceeding. Bankruptcy Rule 7067(a) provides:

1 Found at:
Capitalized terms used and undefined herein shall have the meaning ascribed to them in the Complaint.
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 Case 09-02464-RBR Doc 2 Filed 11/25/09 Page 3 of 5

If any part of the relief sought is a money judgment or the disposition of a sum of
money or some other deliverable thing, a party — on notice to every other party
and by leave of court — may deposit with the court all or part of the money or
thing, whether or not that party claims any of it. The depositing party must deliver
to the clerk a copy of the order permitting deposit.

Fed. R. Bankr. P. 7067(a).

4. A dispute exists concerning entitlement to the Funds, as to which TD Bank is

merely a disinterested stakeholder and claims no interest. Depositing the Funds with this Court

will promote the interests of efficiency and judicial economy by avoiding litigation over the

Funds in multiple courts, with the possibility of conflicting or inconsistent judgments and

violations of the automatic stay, and will permit TD Bank to withdraw from the various disputes

between and among the Trustee and other parties in interest. As the Eleventh Circuit has noted,

“A successful interpleader suit results in the entry of a discharge judgment on behalf of the

stakeholder; once the stakeholder turns the asset over to the registry of the court, all legal

obligations to the asset’s claimants are satisfied.” In re Mandalay Shores Co-op. Housing

Ass’n, 21 F. 3d 380, 383 (11th Cir. 1994).

5. On these circumstances, the interests of all the parties are best served if the Funds

are deposited with this Court so that the multiple claimants may interplead and resolve their

competing claims in a single forum. As the Funds are maintained in a series of operating and

trust accounts in the name of the Debtor, and in accounts held by certain affiliates in which the

Trustee and other claimants may assert an interest, the exclusive jurisdiction created under 28

U.S.C. §1334(e) makes this Court the proper forum for such adjudication.

6. When, as here, a disinterested stakeholder properly brings an interpleader action

and deposits disputed funds into the court registry, the stakeholder should be dismissed from the

lawsuit and discharged from further liability. See Kurland v. U.S., 919 F.Supp. 419, 421−22

Found
(M.D. Fla. 1996). Therefore, TD Bank respectfully requests that upon deposit of theat:
Funds as
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 Case 09-02464-RBR Doc 2 Filed 11/25/09 Page 4 of 5

sought hereby it be dismissed from the case and discharged from any further liability, and that

the Defendants be enjoined from making any further claims against TD Bank in regard to the

Funds.

7. Upon entry of an Order in accordance with Fed. R. Civ. P. 67(a), TD Bank

proposes to deposit the Funds in the Court registry through a series of checks, each drawn for the

full balance remaining in the respective Account. TD Bank is ready, willing and able to deposit

the Funds as so directed, and thereby discharge its obligations with respect to the Funds and

Accounts in which they are maintained.

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 Case 09-02464-RBR Doc 2 Filed 11/25/09 Page 5 of 5

WHEREFORE, Plaintiff, TD Bank, respectfully requests entry of an Order (a)

authorizing TD Bank to deposit the Funds into the Court registry; (b) discharging TD Bank from

any and all obligations to Defendants and other claimants with respect to the Funds upon

confirmation of such deposit; and (c) granting such other and further relief as this Court deems

just and proper.

Dated: November 25, 2009 Respectfully submitted,

GREENBERG TRAURIG, P.A.

Attorneys for TD Bank, National Association
1221 Brickell Avenue
Miami, Florida 33131
Telephone: (305) 579-0500
Facsimile: (305) 579-0717

/s/ Mark D. Bloom

Mark D. Bloom, Esq.
Florida Bar No. 303836
bloomm@gtlaw.com
John B. Hutton, Esq.
Florida Bar No. 902160
huttonj@gtlaw.com
Ari Newman, Esq.
Florida Bar No. 56575
newmanar@gtlaw.com

And

Glenn Goldstein, Esq.

Florida Bar No. 435260
goldsteing@gtlaw.com
Jon L. Swergold, Esq.
Florida Bar No. 108510
swergoldj@gtlaw.com
GREENBERG TRAURIG, P.A.
401 East Las Olas Boulevard, Suite 2000
Fort Lauderdale, FL 33301
Telephone: (954) 765-0500
Facsimile: (954) 765-1477
FTL 107,510,344 7

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