Motion to Determine Property of the Estate
UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
In re:
BAMBI A. HERRERA-EDWARDS,
Case No. 8:12-bk-15725-KRM
Chapter 11
Debtor.
/
MOTION TO DETERMINE PROPERTY OF THE ESTATE DUE TO CLAIMS OF
EQUITABLE ESTOPPEL, PROMISSORY ESTOPPEL AND RES JUDICATA
Creditor, ERIC MOORE does hereby file this motion to determine property of the estate and alleges as follows:
FACTUAL ALLEGATIONS
1.
Creditor, Eric Moore and Debtor, Bambi A. Herrera-Edwards entered into a Consulting
Agreement (hereafter “Contract”) on July 11, 2012. Attached hereto as Exhibit A.
2.
The Contract provided that Herrera-Edwards engaged Moore’s services in the location
of funds and assets due to Herrera-Edwards.
3.
The fundamental issue in this case is a matter of the debtor's 1True title to ownership of
Copyrights and other such interests transferred to her from her deceased Husbands Estate in 1997.
1
On February 15, 2012 Transcript Page 35 Line 6-11 the Court Says: I'm trying to determine whether it's a situation where the Debtor is just trying to get the Right documents, the ones that actually do control this, and everyone gets on the same page, or whether it's the Debtors view that whatever these documents say should be blown up for some reason
Page 1 of 12
4.
This issue of Copyright Ownership was previously adjudicated, the Children of Bernard
Edwards and Bambi Edwards entered into a 2mediated settlement on July 9, 1997, and the Probate
Court approved this Settlement Agreement on September 4, 1997, attached hereto as Exhibit B.
EQUITABLE ESTOPPEL, PROMISSORY ESTOPPEL AND RES JUDICATA
5.
The issue before this Court to determine is simply a matter of equitable estoppel:
(a) What Probate court-approved 3agreement and what Court Orders, confirmed the parties
respective ownership interests in 1997?
(b) What Copyrights and Royalties were awarded to the Children of Bernard Edwards?
(c) What Copyrights and
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
In re:
BAMBI A. HERRERA-EDWARDS,
Case No. 8:12-bk-15725-KRM
Chapter 11
Debtor.
/
MOTION TO DETERMINE PROPERTY OF THE ESTATE DUE TO CLAIMS OF
EQUITABLE ESTOPPEL, PROMISSORY ESTOPPEL AND RES JUDICATA
Creditor, ERIC MOORE does hereby file this motion to determine property of the estate and alleges as follows:
FACTUAL ALLEGATIONS
1.
Creditor, Eric Moore and Debtor, Bambi A. Herrera-Edwards entered into a Consulting
Agreement (hereafter “Contract”) on July 11, 2012. Attached hereto as Exhibit A.
2.
The Contract provided that Herrera-Edwards engaged Moore’s services in the location
of funds and assets due to Herrera-Edwards.
3.
The fundamental issue in this case is a matter of the debtor's 1True title to ownership of
Copyrights and other such interests transferred to her from her deceased Husbands Estate in 1997.
1
On February 15, 2012 Transcript Page 35 Line 6-11 the Court Says: I'm trying to determine whether it's a situation where the Debtor is just trying to get the Right documents, the ones that actually do control this, and everyone gets on the same page, or whether it's the Debtors view that whatever these documents say should be blown up for some reason
Page 1 of 12
4.
This issue of Copyright Ownership was previously adjudicated, the Children of Bernard
Edwards and Bambi Edwards entered into a 2mediated settlement on July 9, 1997, and the Probate
Court approved this Settlement Agreement on September 4, 1997, attached hereto as Exhibit B.
EQUITABLE ESTOPPEL, PROMISSORY ESTOPPEL AND RES JUDICATA
5.
The issue before this Court to determine is simply a matter of equitable estoppel:
(a) What Probate court-approved 3agreement and what Court Orders, confirmed the parties
respective ownership interests in 1997?
(b) What Copyrights and Royalties were awarded to the Children of Bernard Edwards?
(c) What Copyrights and