Bash v. DC Investments Leasing, LLC
Brian A. Bash |
DC Investments Leasing, LLC |
5:2012cv01294 |
May 23, 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
This docket was last retrieved on June 8, 2012. A more recent docket listing may be available from PACER.
Document Text |
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Filing 3 Judgment EntryThis 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 Defendant is in default of the promissory notes that are the subject of this Complaint, attached to the Complaint as Exhibits A-F; and b) On Counts I and II of the Complaint in this matter as it relates to the First Promissory Note, the Court hereby enters judgment in favor of the Trustee and against the Defendant for the amount of $1,546,344.56, inclusive of $775,000.00 in principal, $348,694.01 in interest accrued by the Fair Entities as reflected on their books and records, and $408,511.11 in Default Rate interest and $14,139.44 in Late Fees; and c) On Counts I and II of the Complaint in this matter as it relates to the Second Promissory Note, the Court hereby enters judgment in favor of the Trustee and against the Defendant for the amount of $3,263,850.03, inclusive of $1,870,210.13 in principal, $373,710.42 in interest accrued by the Fair Entities as reflected on their books and records, and $985,808.54 in Default Rate interest and $34,120.94 in Late Fees; and d) On Counts III and IV of the Complaint in this matter, the Court hereby finds that the DCI/FHI Transfers that are the subject of the Complaint, as listed on Exhibit G 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.); ande) On Counts III and IV of the Complaint in this matter, the Court hereby enters judgment in favor of the Trustee and against the Defendant in the amount of $924,124.34; and f) On Counts V and VI of the Complaint in this matter, the Court finds that the Two Year Fair Transfers that are the subject of the Complaint, as listed on Exhibit H to the Complaint, are avoidable as fraudulent transfers under 11 U.S.C. 548, 550 and 551. g) On Counts V and VI of the Complaint in this matter, the Court hereby enters judgment in favor of the Trustee and against the Defendant in the amount of $26,200.00; and h) On Counts VII and VIII of the Complaint in this matter, the Court hereby finds that the Four Year Fair Transfers that are the subject of the Complaint, as listed on Exhibit H to the Complaint, are avoidable as fraudulent transfers under 11 U.S.C. 544, 550 and 551, 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 i) On Counts VII and VIII of the Complaint in this matter, the Court hereby enters judgment in favor of the Trustee and against the Defendant in the amount of $35,400.00; and j) On all Counts, post-judgment interest on the judgment is hereby awarded as specified in 28 U.S.C. 1961. Judge Patricia A. Gaughan on 6/8/12. (LC,S) re #1 |
Filing 2 Attorney Appearance by David F. Proano filed by on behalf of Brian A. Bash. (Proano, David) |
Filing 1 Proposed Findings of Fact and Conclusions of Law in Support of Entry of Judgment by Default. Judge Marilyn Shea-Stonum on 05/22/2012. (Attachments: #1 USBC Docket Sheet, Adversary Proceedings Case 12-5038, #2 Cover Letter)(M,TL) |
Judge Patricia A. Gaughan assigned to case. (M,TL) |
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Defendant: DC Investments Leasing, LLC | |
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Plaintiff: Brian A. Bash | |
Represented By: | Nicholas L. White |
Represented By: | Alexis C. Beachdell |
Represented By: | David F. Proano |
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