Order | Filed: August 03, 2026
| Entered: August 03, 2026
The Bancorp Bank, National Association v. Steel Curtain Holdings, LLC et al
Real Property: Foreclosure | Kentucky Eastern
Judgment
JUDGMENT: 1. The Bancorp Bank, National Association's (Bancorp) Motion for Summary Judgment, 44 , is hereby GRANTED; 2. Bancorp is awarded JUDGMENT on the allegations contained in the Amended Complaint against the Dfts. 3. To partially secure repayment of the amount set forth in paragraph 2 above, by virtue of its Mortgage & Security Agreement. 4. Bancorp is further awarded immediate possession of the Collateral to further secure repayment of the amounts adjudicated herein. 5. The Dfts, are hereby ORDERED to deliver the Collateral to Bancorp and, in the event said Collateral is not delivered to Bancorp immediately, after the entry date of this JUDGMENT, upon the direction of counsel for Bancorp, the U.S. Marshall, the Sheriff or Constable of Fayette County, Kentucky, or the Sheriff or Constable in any other county in the Commonwealth of Kentucky in which the Collateral may be situated, is hereby ORDERED and DIRECTED to seize the Collateral and immediately deliver possession thereof to Bancorp; 6. The USA, on behalf of the Small Business Administration's Mtn for Summary Judgment, 47 , is hereby GRANTED in part and DENIED in part; 7. The USA, on behalf of the Small Business Administration's Motion for Summary Judgment, 47 , is DENIED w/respect to Dft Pro Cap 8, and GRANTED against Dfts Steel Curtain, Marikka's, & Traditional Bank, Inc.; 8. The USA, for its agency the Small Business Administration, is awarded JUDGMENT on the allegations in tis Crossclaim 41 against Dfts Steel Curtain Holdings, LLC ("Steel Curtain") & Marikka's Restaurant, Inc. ("Marikka's"), jointly & severally. 9. The US is hereby adjudged to hold a valid lien, prior & superior to all other liens, encumbrances, claims, & interests. 10. If the Property is sold in this foreclosure, that all liens attach to the sale proceeds as they were attached to the Property. 11. The Mortgage, Security Agreement, Collateral Assignment of Leases & Rents, Covid Security Agreement, & financing statements more particularly described in the Crossclaim are adjusted to be valid liens on the Property & other collateral more particularly described in those documents, prior & superior to all other liens, encumbrances therein, w/the exception for Bancorp's lien & any liens for unpaid ad valorem real property taxes; 12. Dft Pro Cap 8's Motion to Dismiss, 55 , is GRANTED. 13. This is a FINAL and APPEALABLE Judgment & there is no just cause for delay. 14. This action is DISMISSED and STRICKEN from the Court's docket. Signed by Magistrate Judge Edward B. Atkins on 8/3/2026. (ADH) cc: COR
Order | Filed: August 03, 2026
| Entered: August 03, 2026
The Bancorp Bank, National Association v. Steel Curtain Holdings, LLC et al
Real Property: Foreclosure | Kentucky Eastern
Order on Motion for Summary Judgment Order on Motion to Dismiss
ORDER: 1. Bancorp's Motion for Summary Judgment, 44 , is GRANTED. 2. The SBA's Motion for Summary Judgment, 47 , is GRANTED in part and DENIED in part: a. The motion, 47 , is DENIED w/respect to Dft Pro Cap 8. b. The motion, 47 , is GRANTED w/respect to Dfts Steel Curtain, Marikka's, and Traditional Bank, Inc. 3. Pro Cap 8's Motion to Dismiss, 55 , is GRANTED. Signed by Magistrate Judge Edward B. Atkins on 8/3/2026. (ADH) cc: COR