Seems as though someone listened to The Kingfish about Fish & Fisher after all. Back in June, the local firm won a $1.3 million arbitration award against Toyota. I wrote in my post about the award that the Fish & Fisher creditors should "GET YOUR MONEY WHILE YOU CAN" as I documented there were nearly $2 million in liens and judgements held by close to thirty individuals, businesses, and government agencies (These were completely omitted by the media.). Post about Fish & Fisher's troubled record.
Merchants and Farmers Bank filed a complaint on July 10, 2009 in Hinds County Chancery Court a Complaint for an Injunction, Declaratory Judgement, and for Other Relief against Fish & Fisher, Renna Fisher, Jaqcueline Williams, and L & T Construction for collection of $607,028 in defaulted notes and seeking a portion of the $1.3 million award. Copy of complaint
The complaint states M&F has a claim on the award and that "as shown by the correspondence attached here to as Exhibit "F", Fish & Fisher, Inc. apparently intends to put the arbitration award proceeds to something other than full payment of Bank's debt." Copy of exhibits. "F" is on page 43. Included in exhibits are copies of notes. M&F asked for an injunction to keep Fish & Fisher from spending or transferring any of the money without court approval until the "Bank's debt has been paid." Fish & Fisher is represented by Jackson attorney Precious Martin.
The complaint was removed to federal court as there was a federal question (the arbitration part of the promissory notes are apparently governed by federal law). Notice of Removal Meanwhile, an Involuntary Petition for Bankruptcy was filed (Chapter 7) in the Bankruptcy Court on August 7, 2009 by M&F Bank and other creditors ($693,450 in claims). Petition for Bankruptcy. The Court issued an Order for Relief in an Involuntary Case on September 23, 2009, stating the debtor was "served on August 26, 2009 and has failed to file any timely defense or pleading to the petition as required..". Thus Fish & Fisher was forced into bankruptcy.
Fish & Fisher filed Motion to Dismiss in the Bankruptcy Court claiming it was never served and that "it is not insolvent" and that the petition was an attempt to "circumvent" the case filed in Chancery Court in Hinds County. Eileen Shaffer represented Fish & Fisher. the Service of Process was filed with the Court on August 31, 2009 and stated a copy of the petition was mailed to Fish & Fisher on August 26, 2009.Copy of Service of Process filing.
There are currently other lawsuits pending against Fish & Fisher in Florida and Tennessee. They repeat the same pattern as the other suits and judgements mentioned in earlier posts. Contracts are made with Fish & Fisher. Fish is paid and either is accused of not doing the work or keeping money meant for others. Fish rarely responds in court to any of these complaints. Hence, judgements and liens are issued against the firm and the creditors stand in line with everyone else waiting for a Fish & Fisher to come into some money as they did in the arbitration award so they can attach it. Meanwhile the media takes up Fish & Fisher's cause against Barbour and Toyota while ignoring all of the businesses and individuals it stiffs.
Wednesday, October 7, 2009
M&F Bank tries to collect from Fish & Fisher
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5 comments:
Meanwhile the media takes up Fish & Fisher's cause against Barbour and Toyota while ignoring all of the businesses and individuals it stiffs.
For instance that local bastion of real investigative journalism and fact based reporting. Ain't nothin' mentioned about any of that in the JFP.
But considering their own substantial problems with paying back taxes that Fondren publication might not want to draw too much attention to these types of details on which you've reported Kingfish.
The CL and TV stations did the same thing as well.
Did the Fondren Bugle do a piece on the dude that shot the antiques dealer (saved by his wedding ring)? Understand said dude is out and wandering around....not enough evidence to convict? Makes me want to run to Fondren and spend my money......NOT!
If the bullet had bounced off the ring and rebounded to hit the shooter then you can bet your bottom dollar that the Bugle would have been all over the story about the perp being victimized by a white small businessman wearing a bullet-proof ring.
KF - The complaint is showing an error, would you please re-post it? Thanks.
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