Bash v. U.S. Rubber Reclaiming, Inc.
| Brian A. Bash |
| U.S. Rubber Reclaiming, Inc. |
| 5:2012cv02018 |
| August 6, 2012 |
| US District Court for the Northern District of Ohio |
| Akron Office |
| Summit |
| Patricia A Gaughan |
| Bankruptcy Withdrawl |
| 28 U.S.C. ยง 0157 |
| None |
Docket Report
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This docket was last retrieved on July 3, 2013. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 4 Certificate of Judgment for Registration in Another District issued electronically to counsel on 7/3/2013 as to Defendant in the amount of $4,461,215.20. Related document(s) #2 . (B,B) |
| Filing 3 Praecipe for issuance of Certificate of Judgment for Registration in Another District . $ 11.00 certification fee paid, receipt number 0647-6065835 filed by Brian A. Bash. (Attachments: #1 Exhibit A - Clerk's Certification of Judgment)(Osburn, Alexis) |
| Copy of #2 mailed to U.S. Rubber Reclaiming, Inc. at 9032 Diamond Point Drive, Indianapolis, IN 46236 on 8/31/12. (LC,S) |
| Filing 2 Judgment Entry: This Court hereby ACCEPTS the Proposed Findings of Fact and Conclusions of Law In Support of Entry of Default, and hereby enters judgment as follows: a) On Count I of the Complaint in this matter, the Court finds that the Defendant is in default of the promissory notes and related agreements that are the subject of this Complaint, attached to the Complaint as Exhibits A-I; and b) On Counts I and II of the Complaint in this matter as it relates to the Subordinated Note, the Court enters judgment in favor of the Trustee and against the Defendant for the amount of $1,616,225.42, inclusive of $700,000.00 in principal, $578,083.34 in interest accrued by the Debtor and DCI as reflected on their books and records, and $338,142.08 in Subordinated Note Default Rate interest; and c) On Counts I and II of the Complaint in this matter as it relates to the Promissory Note, the Court enters judgment in favor of the Trustee and against the Defendant for the amount of $16,783,163.56, inclusive of $10,362,550.88 in principal, $4,283,247.01 in interest accrued by the Debtor and Fair Holdings as reflected on their books and records, and $2,064,865.67 in Promissory Note Default Rate interest and $72,500.00 in Promissory Note Late Fees; and d) On Counts III and IV of the Complaint in this matter, the Court finds that the transfers that are the subject of the Complaint, as listed on Exhibit J to the Complaint, are avoidable as fraudulent transfers under Ohio's Uniform Fraudulent Transfer Act (Ohio Revised Code 1336.01, et seq.) and Indiana's Uniform Fraudulent Transfer Act (Indiana Code 32-18-2-1, et seq.); and e) On Counts III and IV of the Complaint in this matter, the Court enters judgment in favor of the Trustee and against the Defendant in the amount of $4,461,215.20; and f) On all Counts, post-judgment interest is awarded on the judgment as specified in 28 U.S.C. 1961. Judge Patricia A. Gaughan on 8/30/12. (LC,S) re #1 |
| Filing 1 Proposed Findings of Fact and Conclusions of Law in Support of Entry of Judgment by Default. Honorable Marilyn Shea-Stonum on 08/02/2012. (Attachments: #1 USBC Docket Sheet, Adversary Proceedings Case 12-5148, #2 USBC Transmittal Sheet)(M,TL) |
| Judge Patricia A. Gaughan assigned to case. (M,TL) |
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| Defendant: U.S. Rubber Reclaiming, Inc. | |
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| Plaintiff: Brian A. Bash | |
| Represented By: | Alexis C. Beachdell |
| Represented By: | David F. Proano |
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