Case 8:06-ap-00036-PMG

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UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION IN RE: SKYWAY COMMUNICATIONS HOLDING CORP., Debtor. _____________________________________/ STANLEY A. MURPHY, in his capacity as Chapter 11 Trustee of Skyway Communications Holding Corp., Plaintiff, v. ROYAL SONS, LLC. ROYAL SONS, INC., and FREDERIC J. GEFFON, Defendants. _______________________________________/ COMPLAINT FOR DECLARATORY RELIEF, RESULTING TRUST, TURNOVER AND INJUNCTIVE RELIEF Plaintiff, Stanley A. Murphy, in his capacity as Chapter 11 Trustee of Skyway Communications Holding Corp., , ("Murphy") sues Defendants Royal Sons, LLC, Royal Sons, Inc. and Frederic J. Geffon and alleges as follows: JURISDICTION AND VENUE 1. This a core proceeding pursuant to 28 U.S. C. 157 (b)(2). 8:05-bk-11953-PMG Chapter 11

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2. and 157 (b). 3.

This Court has jurisdiction pursuant to 28 U.S.C. 1334, 157(a),

Pursuant to Fed. R. Bankr. P. 7001, this is an adversary proceeding

to obtain declaratory and injunctive relief, imposition of a resulting trust and turnover, in which the amount in controversy exceeds $75,000. 4. Venue is proper pursuant to 28 U.S. C. 1409. PARTIES 5. Murphy is the duly appointed Chapter 11 Trustee pursuant to this

Court' s Order Approving Appointment of Chapter 11 Trustee dated January 6, 2006. 6. 7. Defendant Royal Sons, LLC is a Florida limited liability company. Upon information and belief, Royal Sons, Inc. is an alias of Royal

Sons, LLC (together, "Royal Sons"). 8. Frederic J. Geffon a/k/a Frederick J. Geffon ("Geffon") is the

managing member of Royal Sons, LLC. GENERAL ALLEGATIONS 9. On or about August 22, 2005, Skyway filed its voluntary petition

for relief under Chapter 11 of the Bankruptcy Code. 10. On its schedules and statements, Skyway listed ownership of three

aircraft, specifically: (a) a McDonnell Douglas DC 9-15, serial number 45731, NNumber 12ONE;

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(b)

Douglas DC9-15, serial number 45775, N-Number 900SA; and

(c)

Cessna 172M, serial number 17264605, N-Number 9987V

(collectively, the "Aircraft"). 11. Upon information and belief, all the consideration for the Aircraft

was paid by Skyway. 12. Nevertheless, according the registry maintained by the Federal

Aircraft Administration (the "FAA Registry"), the Aircraft are claimed to be owned by "Royal Sons, Inc." A copy of the relevant except from the FAA Registry is attached hereto as Exhibit "A". COUNT I (Declaratory Relief/Resulting Trust and Turnover) 13. Murphy realleges and incorporates, by reference herein Paragraphs

1 through 12 above. 14. Upon further information and belief, any registration in the name

of Royal Sons, Inc. or any interest of Royal Sons is purely in the nature of a resulting trust as all equitable and other beneficial interest in the Aircraft is owned solely by Skyway and subject to administration by Murphy. 15. Accordingly, because of the apparent conflict in ownership

between the state of the FAA Registry and the Debtor's schedules and statements, there exists a real and substantial controversy, justiciable in nature, as to the nature of the parties' respective interests in the Aircraft. Murphy requests the Court to enter judgment declaring and determining those respective interests.
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16.

Alternatively, Murphy requests the Court to impose a resulting

trust on the Aircraft in favor of the Debtor for the benefit of the estate. 17. Under either alternative relief, Murphy further requests the Court

enter judgment compelling the Defendants to turnover all right, title, and interest and possession of the Aircraft to Murphy pursuant to 11 U.S.C. 542. COUNT II (Injunctive Relief) 18. Murphy realleges and incorporates by reference herein Paragraphs

1 through 17 above. 19. The facts alleged hereinabove demonstrate that there is a

substantial likelihood that Murphy and the estate will succeed on the merits of their claim to title and ownership of the Aircraft. 20. Murphy and the estate will suffer irreparable harm in the event that

any of the Aircraft are sold, encumbered, removed from this Court's jurisdiction, or otherwise transferred pending this Court's adjudication of Murphy and the estate's title and interest in the Aircraft. 21. The harm to Murphy and the estate from not maintaining the status

quo pending this Court's adjudication of Murphy and the estate's right, title and interest in the Aircraft far outweighs any harm or prejudice to the Defendants. 22. Murphy has no adequate remedy at law to otherwise preserve the

value of the Aircraft to the estate pending adjudication of these claims. 23. Accordingly, this Court should enter an injunction to preserve the

status quo pending final judgment or other adjudication of Murphy and the estate's claims.
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WHEREFORE, Murphy prays the Court enter judgment against the Defendants: (a) preliminarily enjoining Defendants from in any way selling, transferring, conveying, encumbering, transporting, altering or otherwise disposing of the Aircraft pending final disposition of this proceeding; (b) declaring the Aircraft are legally owned by the Debtor and are property of the estate; (c) alternatively, declaring a resulting trust in favor of Murphy and the estate regarding the Aircraft; (d) (e) ordering that the Aircraft be titled in the name of the Debtor; ordering that the Defendants immediately turnover possession of the Aircraft to Murphy; and (f) such other and further relief as is equitable and just. Respectfully submitted, AKERMAN SENTERFITT SunTrust Financial Centre, Suite 1700 401 E. Jackson Street (33602) Post Office Box 3273 Tampa, Florida 33601-3273 Telephone: (813) 223-7333 Facsimile: (813) 223-2837 michael.horan@akerman.com Attorneys for Stanley A. Murphy, Chapter 11 Trustee /s/ Edmund S. Whitson, III Michael P. Horan Florida Bar No: 0307742 Edmund S. Whitson, III Florida Bar No: 0897272
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