Bash v. Speedster Motorcars, Inc. et al
| Brian A. Bash |
| Timothy Durham, Speedster Motorcars, Inc. and SpeedsterMotorcarSales, Inc. |
| 5:2013cv02380 |
| October 28, 2013 |
| 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
RSS Track this Docket
This docket was last retrieved on January 22, 2014. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 7 Certificate of Judgment for Registration in Another District issued on 1/22/14 as to SpeedsterMotorCarSales in the amount of $65,570.63 (Count 1), Speedster and Durham, jointly and severally, $1,151,953.39 (Counts I and II), Speedster Defendants $3,820,952.29 (Counts III and IV), Speedster Defendants $81,500.00 (Counts V and VI), Speedster Defendants $175,243.00 (Counts VII and VIII). Related document(s) #4 . (R,N) |
| Filing 6 Praecipe for issuance of Certificate of Judgment for Registration in Another District . $ 11.00 certification fee paid, receipt number 0647-6363053 filed by Brian A. Bash. (Attachments: #1 Clerk's Certification)(Osburn, Alexis) |
| Filing 5 Returned Mail addressed to Party SpeedsterMotorCarSales, Inc. Related document(s) #4 . (B,R) |
| Filing 4 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, the Court hereby finds that SpeedsterMotorCarSales is in default of the First Promissory Note that is the subject of the Complaint; and b) On Count I of the Complaint, the Court hereby enters judgment in favor of the Trustee and against defendant SpeedsterMotorCarSales in the amount of $65,570.63, inclusive of $44,600.00 in principal, $3,617.51 in interest accrued by the Debtor as reflected on its books and records, $16,526.78 in Default Rate interest, and $826.34 in Late Fees; and c) On Count I of the Complaint in this matter, the Court hereby finds that Speedster is in default of the Agreement and Floor Plan that are the subject of this Complaint; and d) On Count II of the Complaint in this matter, the Court hereby finds that Durham is in default of the Guaranty that is the subject of this Complaint; and e) On Counts I and II of the Complaint in this matter, the Court hereby enters judgment in favor of the Trustee and against Speedster and Durham, jointly and severally, for the amount of $1,151,953.39, inclusive of $206,195.00 due and owing under the Agreement as of December 31, 2009, $274,351.87 due and owing under the Floor Plan as of December 31, 2009, $104,949.54 due and owing on advances made from 2003 through 2009, and $566,456.98 due and owing from the accounts receivable balance transferred with the July 31, 2007 assignment as of December 31, 2009; and f) On Counts III and IV of the Complaint in this matter, the Court hereby finds that the Diamond/FHI Transfers that are listed in Exhibit 10 to the Supplemental Declaration 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 g) On Counts III and IV of the Complaint in this matter, judgment is hereby entered in favor of the Trustee and against the Speedster Defendants in the amount of $3,820,952.29; and h) On Counts V and VI of the Complaint in this matter, the Court hereby finds that the Two Year Fair Transfers that are listed in Exhibit 11 to the Supplemental Declaration are avoidable as fraudulent transfers under 11 U.S.C. 548, 550 and 551; and i) On Counts V and VI of the Complaint in this matter, the Court hereby enters judgment in favor of the Trustee and against the Speedster Defendants in the amount of $81,500.00; and j) On Counts VII and VIII of the Complaint in this matter, the Court hereby finds that the Four Year Fair Transfers that are listed in Exhibit 11 to the Supplemental Declaration are avoidable as fraudulent transfers under 11 U.S.C. 544, 550 and 551, Ohios 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 k) On Counts VII and VIII of the Complaint in this matter, judgment is entered in favor of the Trustee and against the Speedster Defendants in the amount of $175,243.00; and l) On all Counts, the Court awards post-judgment interest on the judgment as specified in 28 U.S.C. 1961. Judge Patricia A. Gaughan on 11/22/13. (LC,S) re #1 |
| Copy of #4 mailed to Speedster Motorcars, Inc. at 10990 49th Street North, Clearwater, FL 33762-5015 on 11/22/13; SpeedsterMotorcarSales, Inc. at 3226 Big Ridge Road, Glenville, NC 28736-6417 on 11/22/13, and Timothy Durham at 9032 Diamond Point Drive, Indianapolis, IN 46236-9051 on 11/22/13. (LC,S) |
| Filing 3 Returned Mail addressed to Speedster MotorcarSales, Inc. at 101 1st Avenue SW, Largo, FL 33770-3610. Copy of docket was returned, attempted, unknown. (H,KR) |
| Filing 2 Returned Mail addressed to Speedster Motorcars, Inc. at 10990 49th Street North, Clearwater, FL 33762-5015. Document marked return to sender, not deliverable as addressed. (H,KR) |
| Filing 1 Proposed Findings of Fact and Conclusions of Law in Support of Entry of Judgment by Default. Judge Marilyn Shea-Stonum on 09/18/2013. (Attachments: #1 USBC Docket Sheet, Adversary Proceedings Case 10-5091, #2 Transmittal Form)(M,TL) |
| Judge Patricia A. Gaughan assigned to case. (M,TL) |
| Copy of docket sheet mailed to Timothy Osler at 9032 Diamond Point Drive, Indianapolis, IN 46236-9051; mailed to Speedster MotorcarSales, Inc. at 101 1st Avenue SW, Largo, FL 33770-3610, c/o Richard Bolek, 6137 Rockcross Avenue, New Port Richey, FL 34655-3716 and 3226 Big Ridge Road, Glenville, NC 28736-6417; and mailed to Speedster Motorcars, Inc. at 10990 49th Street North, Clearwater, FL 33762-5015 and c/o Jeffrey Osler, 6124 Albury Drive, Indianapolis, IN 46236-8144. (M,TL) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Ohio Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
