The URL can be used to link to this page

Home My WebLink AboutR-91-0620r J-91-752 09/05/91 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INITIATE APPROPRIATE LEGAL PROCEEDINGS AND CIVIL ACTION AGAINST ELLA SOMERSET-BLACK AND ALFONSO SOMERSET, OWNERS OF UNITED WORLD CHURCH SUPPLY & PRINTING, INC. TO RECOVER LOAN FUNDS FROM THE CITYWIDE SMALL BUSINESS DEVELOPMENT PILOT LOAN PROGRAM IN THE AMOUNT OF $35,228.11 PROVIDED TO SAID INDIVIDUALS. WHEREAS, the Miami City Commission is committed to the economic development and the expansion of trade and commerce in the City of Miami; and WHEREAS, the City Commission adopted Resolution No. 88-743 authorizing the establishment of the Citywide Small Business Development Pilot Program; and WHEREAS, business owners Ella Somerset -Black and Alfonso Somerset received a $44,995.75 loan from the City of Miami; and WHEREAS, $35,228.11 of the original loan amount is due to the City of Miami; and WHEREAS, Ella Somerset -Black and Alfonso Somerset owners of a business enterprise have defaulted on their Promissory Agreement with the City of Miami and payment is more than 120 days past due; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Attorney is hereby authorized to initiate appropriate legal proceedings and civil action against Ella Somerset -Black and Alfonso Somerset to recover loan funds Cry comb ISSION MEB7'II G OF SEP lY 1991 1 9:1.-- 6201 N_ 11 due to the Citywide Small Business Development Pilot Loan Program in the amount of $35,228.11 which was provided to and guaranteed by said Ella Somerset -Black and Alfonso Somerset. Section 3. This Resolution immediately upon its adoption. shall become PASSED AND ADOPTED this 11th day of ATTEST: MATTY HIRAI CITY CLERK COMMUNITY DEVELOPMENT REVIEW AND APPROVAL: F K CASTANEDA, DIRECTOR DEPARTMENT OF COMMUNITY DEVELOPMENT PREPARED AND APPROVED BY: ALBE TINE B. SMITTr CHIEF ASSISTANT CITY ATTORNEY i APPROVED AS TO FORM AND CORRECTNESS: A. QUINN JOIMS, III ACTING CITY ATTORNEY M2483/gjd e temder XAVIE L. Uc YOR effective , 1991. Z e �o J-91-752 09/05/91 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INITIATE APPROPRIATE LEGAL PROCEEDINGS AND CIVIL ACTION AGAINST ELLA SOMERSET-BLACK AND ALFONSO SOMERSET, OWNERS OF UNITED WORLD CHURCH SUPPLY & PRINTING, INC. TO RECOVER LOAN FUNDS FROM THE CITYWIDE SMALL BUSINESS DEVELOPMENT PILOT LOAN PROGRAM IN THE AMOUNT OF $35,228.11 PROVIDED TO SAID INDIVIDUALS. WHEREAS, the Miami City Commission is committed to the economic development and the expansion of trade and commerce in the City of Miami; and WHEREAS, the City Commission adopted Resolution No. 88-743 authorizing the establishment of the Citywide Small Business Development Pilot Program; and WHEREAS, business owners Ella Somerset -Black and Alfonso Somerset received a $44,995.75 loan from the City of Miami; and WHEREAS, $35,228.11 of the original loan amount is due to the City of Miami; and WHEREAS, Ella Somerset -Black and Alfonso Somerset owners of a business enterprise have defaulted on their Promissory Agreement with the City of Miami and payment is more than 120 days past due; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Attorney is hereby authorized to initiate appropriate legal proceedings and civil action against Ella Somerset -Black and Alfonso Somerset to recover loan funds # CA=22 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members DATE AUG 2 31991 FILE of the City Commission Authorization to Initiate SUBJECT Default Proceedings ''`,� REFERENCES Ella Somerset -Black & orv+ Cesar H. Odio Y: City Manager ? Alfonso Somerset d/b/a ENCLOSURES United World Church Supply & Printing, Inc. RECOMMENDATION It is recommended that the City Commission authorize the City Attorney to proceed in initiating default proceedings as it relates to the Model City Small Business Development Pilot Program against Ella Somerset -Black and Alfonso Somerset owners of United World Church Supply & Printing, Inc. to recover the City's loan funds. BACKGROUND On October 21, 1988, Ella Somerset -Black and Alfonso Somerset owners of United World Church Supply & Printing, Inc., and loan recipient of $45,000 via the Model City Small Business Development Pilot Program entered into a Promissory Agreement with the City of Miami. As of January 1. 1990 the aforementioned loan recipients has defaulted on their agreement per the following terms: ITEM NO. DEFAULT PROVISION 1 Should there be a default in the punctual and full payment of interest or an installment of principal due hereunder; or 12 Should the borrower fail to accept Technical Assistance provided by the City or fail to make financial records available to City staff for review upon notification.; or 13 Should a mortgage, mechanics, laborers or other lien be foreclosed against the borrower and/or the business premises; Honorable Mayor and Members of -the City Commission Page 2 A total of $44,995.75 has been disbursed to the loan recipients. To -date, the loan recipients have made payments totalling $9,767.64, leaving an outstanding balance of $35,228.11. No further payments have been made on this loan since December, 1990. Based on the above information, the Department of Community is requesting that the City Commission authorize the City Attorney to proceed with legal action against Ella Somerset -Black and Alfonso Somerset d/b/a United World Church Supply & Printing, Inc. to recover the City's funds allocated to the aforementioned business. /gjd �AA g 690 i r, Ito (Offkld Form 10) on. Vol) United States Bankruptcy Court PROOF OF CLAIM District of in is (Name of Debtoh Care Number NOTE: This form should not be used 10 snake a claim for an administrative expense ar1Nn0 after ties CommeneOment of the ease. A--"Wgt" of paymant of an administrative expense may be Need pur suant to I US.0 fi OOl Name of Creditor (fen pww Or entity to whin of debtor owes MOAOY of pt$pafyl O Check bon If you ae awes that anyone Mae has filed a proof Of Clain relating to your claim. Attach copy of gtatament giving panWAM Name and Addresses When Notices Should be tent C) Cho* box If you have M wr neelve0 any mousse Iron the bankruptcy Oourt In Ito pan, Check boa N ten address Offers from fen address on the envelope THIS SPACE IS FOR um to you by Vw court. COURT USE ONLY Telephone No. ACCOUNT OR OTMER NUMBER By wmiCH CREDMOR IDENTIFIES DEBTOR: C mv-s:ft Check here If"claim: a previously taco clam, eased: D amends 1. BASIS FOR CLAIM C Goods gold O Retiree benefits w defined In 11 U.S.C. ! 111s(10 Services performed O Wages, salaries, and compensations (Fill out below) Money loaned Your social security number D Personal Injurytwrongfuf death Unpaid compensatlons for services performed C Taxes from to (dins) (date) C Other (Describe briefly) 2 DATE DEBT WAS INCURRED: 3 IF COURT JUDGMENT, DATE OBTAINED: 4. CLASSIFICATION OF CLAIM. Under the Bankruptcy Code all Claims are Classified as one or more of the following: (1) Unsecured nonpnority, M Unsecured Priority, (7) Secured. It is possible for part of a claim to be In one Category and pan In another, CHECK THE APPROPRIATE BOX OR BOXES that best describe your Claim and STATE THE AMOUNT OF THE CLAIM. SECURED CLAIM S O UNSECURED PRIORITY CLAIM S Attach evidence of pedection of security Interest Specify the priority of the Claim. Brief Description Of Collateral: O Real Estate .r. Motor WAiNa C Other (Describe briefy) O Wages, salaries, w commission$ (up to S20001, named not more than 10 days before filing of ten bankruptcy petition or Cessation of the debtiarts bualness, whiChewr Is SM101-11 U.S.C. E 307(a)(3) Amount of wrearage and other charges Included In secured Claim sbm% D Contributions to on employee benaflt plan—U.S.C. ! 507(a)(4) It grey: D UP to SS00 of deposits toward purchase, issue or rental of property of C UNSECURED NONPRIORITY CLAIM S semleaa for personal, family, or household use-11 U.S.C. j) 507191I30 A claim Is unsecured if thers is no collateral or lien on property of the O Taxes or penalties of governmental units-11 U.B.C. I 50741M debtor securing the claim W to the extent that the value of such properly is less than the amount of the claim. O Other-11 U.B.C. H 507(sa, (43)-.(DeaeAbs bftlM it TOTAL AMOUNT OF CLAIM AT TIME B CASE FILED. (Unsnursd) - ( ChM Crow) 0 Check this box If Claim includes prepelllbn Cheraw In addition to the Principal amount of the claim. Attach ltsmlisd statement of all additional C Wqw E CREDITS AND SETOFFS: The amount of all payments on this claim has been Credited aid deducted for ten purpose TwIS SPACE IS FOR of making this proof of claim. to Rling this clalm, clalmam has deducted all amounts that Clatmarq own to debtor. COURT USE ONLY 7. SUPPORTING DOCUMENTS: Afrach oo#n or suppoAkp Ooeare 0. such ae promlseory mgba. purchase groin Invoices, hamited $tateme 111 of running accounts, Contracts, own judgments. Or eviderm of MwIly intansb. M the documents are riot svallabie, explain. it the documa►ts are voluminous. attech a summery. 11. TIM94TAMPED COPY: To reoelw an acknowlodgo w of tits Ititng of your Claim, endoee a stamped, self-addressad envelope and copy of this proof of CIWn. Date Sign and print fen nuns and title, if any. Of the Creditor Or other persah authorised to flq this Claim (attach COPY of power of attorney, B ar)i) 91- 690 Mnr/t)► 1w Pitaitnflnp lrSuOuldnf clalnh: KnO of UP to UW OM or ImpriBOln»nt forup to 5 1rel n, or t oth.1S U.S.C. if 1U wid 3 STS. 14 UNITED STATES BANKRUPTCY COURT Claud!' D. Pe per Federal Bldg. 51' S.W. Firs Ave., Room 1401 Miami, FL 33130-1669 Southern District of Florida NOTICE OF COMMENCEMENT OF CASE UNDER CHAPTER 7 OF THE BANKRUPTCY CODE, MEETING OF CREDITORS, AND FIXING OF DATES (Individual or Joint Debtor Asset Case) Case Number: 91-13902 SMW Date Filed : 08/01/91 CM of Miami 114 N.W. llth Street Miami, FL. 33136 IN RENAME OF DEBTOR(S)) United World Church and Printing, Inc., 59-2458972 NAME/ADDRESS OF ATTORNEY FOR DEBTOR(S) Marcia T. Dunn, Esq. 1840 West 49th Street Suite 100 Hialeah, FL 33012 Telephone Number: (305)557-1750 DATE/TIME/LOCATION OF MEETING OF CREDITORS September 13, 1991 at 4:30 pm 51 South West First Avenue Room 1228 Miami, FL 33130 Judge: Sidney M. Weaver ADDRESS OF DEBTOR(S) 1038 N.W. 36th Street Miami, FL 33127 NAME/ADDRESS OF TRUSTEE Steven H. Friedman Penthouse South 4500 Biscayne Blvd. Miami, FL 33137 Telephone Number: (305)576-3706 Tiling Claims: Deadline to File a Proof of Claim is 12/12/91 Discharge of Debts: Deadline to File a Complaint Objecting to Discharge of the Debtor or to Determine Dischargeability of Certain Types of Debts: **/**/** 1. A meeting of creditors pursuant to 11 U.S.C. Section 341(a) shall be held at the date, time, and place specified above at which time creditors may file their claims and examine the debtor. Creditors are invited, but not required, to attend the meeting. 2. The debtor (and joint debtor, if any] and attorney for debtor(s), if any, shall be in attendance at the Section 341(a) meeting. 3. Failure of the debtor(s) to appear at the Section 341(a) meeting or to timely file required schedules, statements or lists may result in dismissal, denial of the debtor(s) discharge, or other appropriate relief without further notice or hearing. 4. Any objection to debtor(s)' claim of exempt property must be filed within 30 days following the conclusion of -the Section 341(a) meeting or within 30 days of any amendment to the list or supplemental schedules unless time to object is extended by the court. 5. In order for creditors to share in any distribution from the estate, a claim must be filed whether or not the creditor is included in the list of creditors filed by the debtor. All proof of claim forms must be accompanied by supporting documentation including address of claimants attorney/agent (if any). 6. The date specified as the deadline for complaints above is the last day for filing objections to the discharge of the debtor under 11 U.S.C. Section 727 and or filing a complaint to etermine dischargeability under 11 U.S.C. Section 523(a). If no objection to the discharge is filed, the debtor will be granted a discharge. If no complaint is filed the debt may be discharged. 7. Notice is hereby given pursuant to 11 U.S.C. Section 554(a) that the trustee will abandon at the 341 meeting all property that the trustee has determined is of no value to the estate. 8. The court does not provide translating services. Translator must be certified and of no relation to the debtor. } AS A RESULT OF THE FILING OF THE PETITION, CERTAIN ACTS AND PROCEEDINGS AGAINST THE DEBTOR AND THE ESTATE ARE 91 F 9 Q STAYED AS PROVIDED IN 11 U.S. C. SECTION 362 (a) For the Court: Karen Eddy 9-22-91 Clerk of the Bankruptcy Court Date 0009