Update 1-11-11: Travelers filed a motion for default judgment yesterday.
Claiborne Frazier did not appear at a pre-trial conference last week in U.S. Bankruptcy Court. Judge Ellington presided over the conference in the $6.4 million complaint filed against Mr. Frazier by Travelers Insurance. Judge Ellington said Mr. Frazier did not return service of process even though notices were sent to his addresses in Mississippi and Florida. Mr. Frazier is not represented by an attorney after his counsel withdrew in April.
Travelers bonded several projects for Frazier Construction. Frazier fell on hard times and Travelers paid $6,405,585 for the completion of the projects. The insurance company claims it discovered after the loss, Claiborne Frazier's "financial were materially false and misleading" and "grossly overstated the value" of his assets and "grossly understated" the value of his liabilities. Travelers alleges Mr. Frazier sold heavy equipment and hid the sale despite the fact Travelers had a lien on the equipment. Mr. Frazier is said to have committed bankruptcy fraud and engaged in an "elaborate scheme" to defraud creditors and Frazier Construction.
Travelers seeks a judgment of $6,405,585 against Claiborne Frazier. Claiborne's brother Austin Frazier agreed to a non-dischargeable judgment of $5,000,000 with Travelers in his bankruptcy case. Travelers recently accused Sherry Frazier, Nan Copeland, Spencer Copeland, and several other defendants of working in concert with the Frazier brothers to defraud Travelers.
The Travelers complaint is not the only point of controversy in Claiborne's bankruptcy as several parties have obtained non-dischargeable judgments against Mr. Frazier in bankruptcy court while other actions are pending as well. Mr. Frazier in October 2008. Laws Construction and Bankfirst filed notices of appearance. The court dismissed the bankruptcy petition after Mr. Frazier failed to pay the $299 filing fee and was did not correct deficiencies in his bankruptcy filings. The case was reinstated a few months later. Mr. Frazier's 2004 exam is posted below.
Mr. Frazier claimed $5,847,300.00 in assets and $23,814,051 in liabilities in his schedule filed on October 28, 2008. Some noteworthy claims by creditors (Those mentioned later were not listed):
Amy Atwood Frazier: $24,000 (child support)
Acoustics Inc: $273,018
Baker Donelson: $55,000
Bancorpsouth default judgment: $1,269,533
Bankfirst: $200,000
Copeland Cook: $75,000
Hines-Philips Properties: $209,580
John Lyle Acoustics: $300,000
Kay Vanskisker: $75,000
Laws Construction: $389,238
Margaret Frazier: $1,000,000
Mark Smith: $34,696
Billy Atwood: $112,458
William Mathison: $250,000
The following actions have taken also place in his bankruptcy:
*Bancorpsouth obtained a non-dischargeable judgment against Mr. Frazier in bankruptcy court for $1,214,533 approved by Judge Ellington. BancorpSouth lent $5,400,000 to Van Buren Group LLC to build thirty condominiums in Oxford on September 5, 2001. Claiborne Frazier is the managing member of Van Buren. The debt was guaranteed by Austin Frazier, C.E. Frazier, Shelby Brantley, and Robert Crumpton. Van Buren defaulted on the note and BancorpSouth obtained a judgment in 2008 of $1,214,533 (plus interest of 8.5%). BancorpSouth claimed Claiborne sold seven units without turning over the proceeds of the sale to the bank in order to pay off the note. 21 units were sold by Van Buren, the proceeds of each sale were used to retire the debt. The bank alleged Mr. Frazier sold units for $251,289 (2003), $266,716 (2005), $265,857 (2003), $182,000 (2005), $250,418 (2003), $399,000 (2004), and $300,000 ($50,000 was paid to BancorpSouth). The bank claims other units may have been sold in similar fashion. The foreclosure and tax sale of the condos were the subject of a separate ruling by the Mississippi Court of Appeals.
Claiborne Frazier did not disclose these funds or actions in his 2008 bankruptcy petition. BancorpSouth showed up in bankruptcy court to contest the bankruptcy and obtain a non-dischargeable judgment against Mr. Frazier. (See below for complaint.) BancorpSouth claimed the debt should not be discharged under 18 USC 727 (debt can not be discharged if fraud took place).
U.S. Bankruptcy Judge Edward Ellington issued an agreed order granting BancorpSouth's petition and imposed a non-dischargeable judgment of $1,146,649 on Claiborne Frazier on October 31, 2009. (Happy Halloween.) One part of this ordeal will sound familiar to readers who are familiar with the Evans case: Mr. Frazier apparently took the money from the buyers without transferring clear title to the condo units they purchased (Here's another bit of trivia for you Evans case experts: What do the Bancorpsouth deal and the G&B lawsuit have in common?).
*Kay Atwood Vanskiver filed a complaint on July 31, 2009 in Claiborne's bankruptcy objecting to discharging his debt owed to her. Ms. Vanskiver loaned Mr. Frazier $75,000 in 2006. Mr.Frazier informed Ms. Vanskiver she would be repaid if he sold any of three properties he owned. Frazier sold "his interest in Duck and Rice Farms, LLC" for $209,217 several months later and did not repay Ms. Vanskiver. She also accused Mr. Frazier of failing to disclose his debts and assets in the bankruptcy petition.
Mr. Frazier admitted the allegations and agreed to a non-dischargeable judgment of $85,000 plus an interest rate of 8.5% per annum from September 15, 2005, costs of collection, and attorneys fees of $17,000.
*Regions (formerly Amsouth) filed a notice of appearance. Regions obtained a judgment for $3,328,933 in 2007 in U.S.District Court. Regions filed suit in 2006. Regions loaned Vicksburg Developers, LLC $3,420,000 to construct Halls Ferry Station in Vicksburg. Claiborne Frazier is the managing member of the LLC. Vicksburg Developers defaultedin 2006. It should be pointed out the judgment was awarded by an arbitrator and approved bythe court. Regions has not filed a complaint against Mr. Frazier in bankruptcy as other creditors have done.
*Scott, E.R. (Jr.), and Shirley Hines filed a complaint against Mr. Frazier objecting to the discharge of his debts and accusing Mr. Frazier of fraud and false pretenses. The Hines allege Mr. Frazier induced them to invest $350,000 in a partnership with him under Frazier Development, LLC and other companies owned by Claiborne Frazier to purchase several "income-producing" properties in 2004 (Operating agreement). The Hines' allege once again Mr. Frazier (Say it out loud, class) sold the properties behind their backs and pocketed the money without giving the partners their contractual share of the proceeds. The complaint alleges Mr. Frazier received $1,423,274 from the sale of the properties in October 2005 and they did not learn about the sale until December from other parties. Mr. Frazier paid Scott Hines $190,000 when confronted about the sale.
The complaint also claims Mr.Frazier induced the Hines to invest in two companies he owned, Madison Market One, LLC and Madison Market II,LLC. The two companies owned land on Highway 51 in Madison. The Hines invested $292,000 in April 2005 in the two companies. The complaint accuses Mr. Frazier of selling the property a year later for $1,164,163 and once again, did not notify his partners about the sale and pocketed the proceeds (Closing statement). The Hines obtained a judgment against Mr. Frazier in Madison Chancery Court in September 2007 for $295,597 and another one in October 2007 for $322,330 plus interest. The debt claimed by the Hines in bankruptcy court is $341,000 and interest of 2,047 per month.
*Mr. Frazier's ex-wife, Amy Atwood Frazier, filed a judgement, claiming a $120,000 "loan" to Mr. Frazier. Travelers disputed the validity of the loan. It should be noted Ms. Frazier obtained the judgment from Judge Brewer in Madison Chancery Court the same day Mr. Frazier filed for bankruptcy. The couple was divorced in 2007.
*Holly Dian Hughes Crawford filed a copy of a child support order and judgment from Tennessee and Madison County and a motion to enter a judgment against Mr. Frazier for child support of a child fathered by Mr. Frazier. Mr. Frazier has not acknowledged the child nor provided any DNA evidence disputing paternity. His parental rights were terminated. The judgment amount is $106,800.
*Judge Ellington approved the sale of Mr. Frazier's interest in Six Shooters Hunting Lodge.
Judge Ellington instructed Mr. Crawford to schedule a hearing and if Mr. Frazier does not appear after sufficient notice is transmitted to him, a default will be awarded to Travelers after the proper procedures are followed.
Additional documents:Frazier sale of Six Shooter interests, Amended creditor list, Schedule of assets and liabilities
Earlier posts:
Travelers accuses Fraziers of "plundering" company
Travelers seeks $6.4 million from Claiborne Frazier
More on Frazier collapse: Claiborne Frazier's 341 exam
Sunday, January 9, 2011
Claiborne Frazier does not show up for hearing in bankruptcy court.
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63 comments:
What a story! I cannot believe what I am reading. Did CF et al. think all of these people would just shake their heads and walk?
What a piece of work.
So what happens now that he was a "no show"....
And we will put two sisters in prison for years....just for stealing $11?? Has anyone forwarded this to Micheal Guest?
...appearantly this is too complicated for DA Guest and his crack staff to figure out.
Not if it involves his collection agency.
Exactly how many wives has he had and how many kids? Also, how come Austin's ex-wife isn't named in any of the cases against him?
It appears that any crime involving more than six figures makes the DAs eyes glaze over and brain freeze up. Frazier. Evans. Steadivest.
He needs to drop the T from his name. As on DA "Guess they'll never get charged"
And the thunder rolls....
Maybe somebody can explain the transaction involving the
Land and lodge. If I were a creditor, I would look suspect at those previous transfers.
Kingfish, what are these derivative suits filed by Margaret Frazier, that are now consolidated in Hinds County Chancery Court? They are listed in the schedule of assets and liabilities. Those look like they may be interesting.
As far as has been reported CF never put a shotgun in a victim's face, whether for $11 or millions. It was the ARMED part of armed robbery that earned the ringleaders of that robbery a long term (I'm sure they wer ehoping to get more than $11, they just chose their victims as stupidly as they planned their robbery).
I'm much more worried about an armed robbery, with the potential for instant death by an excited, stupid crook, than a swindle (I don't want to be swindled either, for the slower ones out there). Armed and violent crimes always deserve harsher sentences.
What a scumbag.
This is sad situation. All this went on 3-5 years ago and none of our criminal authorities have done anything? That's awful.
Re the land & lodge
It appears that some of the Jackson properties that Claiborne sold without telling his partners...well some of the partners were his hunting camp buddies. So he tried to "pay" them by giving them his membership/ownership in the hunting camp land and lodge. Then he tried to renege on that deal too...that they were trying to take advantage of him!
What a guy.
Same old story just another day. He has had to face no punishment and continues to make a mockery of our justice system. Funny that some bimbo posted he was seen recently and is just devastated by all this and just wants to make things right and put it all behind him. Seems like he will get his wish for it to all just go away.
He has been getting away with the same old stuff for over five years now as evidenced by the fact that he owes over $100,000 for the two kids he claims. What a father! Who thinks they will ever be paid by this fool?
He didn't show up for a court proceeding, WOW! Is anyone surprised? Why should he? Nothing is ever going to happen other than more judgments get handed down, more paperwork generated, more orders filed, blah, blah, blah.
He has been laughing at this for five years because it is a JOKE.
He was probably busy duck hunting on his grandmother's land, riding his step father's four wheeler and using his brother's boat to get to court.
I wish some old fashioned justice would happen to this guy like in the old days where someone would just take him behind a building or out in the street and well, you get my drift.
So, he didn't show up for the BK hearing. Didn't show up for the child custody hearing in Madison Co. Didn't show up for the custody hearings in Tennessee. Previous bankruptcy was kicked out becuase he didn't provide the some documents per court order. Several defualt judgments...which mean that he didn't bother to show up for those cases either.
Is this guy making a mockery of our courts or what? Why should anybody respect the courts if this guy has done all this and faced no consequences.
And we will put two sisters in prison for years....just for stealing $11?
You are an ignoramus.
what are the consequences of not showing up for civil suits or bankrupcy courts???
Can't he be jailed for contempt of court? Or is that only in criminal court?
This is still only a civil case
the judge can impose sanctions. don't know the criteria in this case. In the Evans case, Charles did not show up for anything nor provide anything requested and the Judge had had enough and issued a bench warrant for him. In this case he is not contesting anything and the remedy is a default judgment if he doesn't show. BK lawyers feel free to correct me.
Just to give some relationships here - Margaret Frazier is his aunt (C.E.'s sister), Kay Van Skiver is his ex Mother-in-Law (owns Atwood Fence Company in Kosciusko but lives in Madison), and Billy Atwood is his ex father-in-law (who owns businesses in Kosciusko and elsewhere). The guy even screws family members.
Is it the same holly hughes from JA?
At some point we will find out Claiborne was Marshall Wolfe's hero and Charles Evans was the Sith Lord.
Diane Bailey is Phyllis Frazier's sister.
So has the Jackson Jambalaya changed it's name to the Claiborne bashing webstie or what? Please tell me there other news in Jackson?
So do you think he went on the lam. Where do you think he is hiding kingfish? Do you think he went to Mexico?
Is there a debtors prison in M.S.?
I think you have it wrong! Bill's cousin who is the ex husband of Clara Fraziers once removed said said Clayburne is hiding out at George's in Yazoo MS. Now Bill for those those that don't know him, used to be married Juliet Clement. Now stay with me, she is first cousin to Claibornes mother Nan Coplin. Do you see the connection. Now here is wear it gets confusing. Juliet and Clara used to be good friends in grammar school.
BR laws are a joke. Frankie Ellis--Ellis & Co did same thing in far as taking BR . He :sold: his interest in hunting came to his frinds, stuck many creditors, Bancorp South and wort of all his own sister. He has milked his mother for over $600,000 in the last three years. She gave him start up money for another company. He opened another Ellis & co store making a joke of the BR court. Thw laws need to be changed these people get good lawyers and CPA's to beat the system which makes it hard for us honest people to get a loan
It's Copeland, not Coplin.
Sounds like Claiborne had a Chinese mother who made him perfect the arts of theft and fraud.
And william mathison is hank or his dad?
It's Hank, not... his father Bill.
2:49: About time. I was expecting that comment two weeks ago. Its usually one of the first defenses made.
Given that anything that he said in this civil case could be used against him in a criminal trial, it makes perfect sense for him to just skip. He wasn't going to win.
The pattern in all the Frazier lawsuits has been one of default judgments and not appearing in court. Then there are all the attorneys they stiffed for fees.
Owe what ever. Kingfish he did not even know about the pre trial conference till the night before, so the judge permitted a continuance. You are starting to sound like you are interviewing for CNN. You only tell part of the story, and are misleading the viewers. So every out there what state do you think he lives in now?
A. Alaska with Sarah Palin
B. Texas hanging with the Bushes
C. At a Mississippi ducking camp with the rest of the missing John Deer Farming Equipment.
You really need to stop because you are looking really stupid.
The hearing had been scheduled for nearly two months. If I were Mr. Claiborne and had no lawyer because mine quit, I think I would be calling the clerk every week or two to see if there was anything new filed.
There is no continuance. Travelers filed today a motion for default judgment. There is no continuance in the file nor did he continue anything. I know because I was there. The Judge flat out said to notice Mr. Frazier if possible and file for default. Period.
Rumor is he just hired the rain maker of all rain makers. We are talking about a combination of Johnny Cochran (if he were alive), F Lee Bailey (same), and the legendary Jerry Spense. Gloves are are now coming off! Ok seriously, do you actually think the Frazier's have thrown their hands up! Common
Kingfish you know after all these posts together and jousting comments I think you half as bad as the guy I thought you were. Infact I want to offer you a free lunch on me so we both take off the holloween masks and see who we really are! What do you say!
Mamma approved comment!
Save your money. Just come to court. I'd hate to eat on stolen money anyway.
10_19 - F. Lee Bailey just published a piece on OJ in today's paper, so unless he's publishing it from the beyond......
Kingfish common now! What makes you think that I am Claiborne. You think I am a funny bumbling fool who can't spell right? In this case you are wrong, but don't under estimate the powers at be and the people you are questioning.
You see, you are not doing anything else but acting like an announcer at a football game. Blow your trumpet all you want, if this case was as clear cut as it sounds, the Frazier's would have saved some money and hired you as a lawyer. Hmmmmm. Can you tell me what states you would live ,if you did not want you wages garnished? You see Kingfish, not everybody you deal with is as dumb as they look!
"Kingfish common now! What makes you think that I am Claiborne. You think I am a funny bumbling fool who can't spell right?"
If you're trying to say "Kingfish, come on now!" then I would say yes, you are a funny bumbling fool who can't spell right.
I seriously doubt there is any lawyer who would take Claiborne's case without a large amount of money up front. Anyone can look at the LONG list of creditors and pick out the names of lawyers Claiborne has already stiffed through the years. Greg Copeland, his own relative, being at the top of the list.
Anyone that would defend this fool has to be incredibly stupid and/or broke enough to take anything that walks in the door. Seriously doubt it is a "rainmaker."
Anyone notice yesterday's paper had an article about a woman who lied about living in a FEMA trailer after Katrina and received three checks from FEMA. Charged with lying and fraud and she got sentenced to six months in prison. What the heck!!!
As I'm reading THE FALL OF THE HOUSE OF ZEUS, the Frazier/Evans/Sturdivant cases become rather understandable.
And, those who assume that the book only deals with the corruption of one person or group are mistaken.
Kingfish, I think you should continue doing a GREAT job and YES, Claiborne, some of us are smart enough to know (based on responses alone and not exactly your lack of intellect) that it is YOU that would be so defensive over informing the public of what wrong doings you seem to live your life upon. Guess what, the world is onto you, this includes your family, friends, aquaintenances and yes, people who don't even know you but would love to see you fail. You see, that is what happens when live the life of a loser, it eventually catches up with you. What is sadder than almost everything I have read thus far, is that on top of screwing your friends/family - which alone is about as low as you can go, you deny your children the life that they deserve. Great Job! Your mother should be so very proud!
9:53: its like this.
For some people, a nice home in Fondren or Belhaven isn't enough for them. Has to be a million dollar one on the water. Trail Blzer or Envoy is slumming. Has to be Mercedes or BMW SUV. Week in orange beach isn't enough, has to be a couple of weeks at Aspen and the a few weeks in the Caribbean in the summer. They figure they deserve these things and the world owes it to them so they are justified in using any means necessary to obtain that lifestyle.
The so called victim (Holly Hughes) has had this coming to her. I for one am glad claiborn stiffed her but it is very unfortunate for the child. Holly's attitude is no better than the fraziers. They would have made a good couple. King and queen of the "im better than u kingdom"
Hughes isn't a victim...
When you decide to sleep with someone you are taking the risk of getting knocked up- which is the case here. BUT, Claiborne has never claimed the child and his rights were provoked....SO why should he have to pay child support? He doesn't have rights to the child so shouldn't have to pay her anything.
Now, I am not saying he isn't a piece of crap for this....but when a parent is stricken from their rights then they have no more rights to the child. The mother is then entitled to give the child her last name. Without his last name and his parental rights, he is really only a sperm donor.
I know this may sound ridiculous to people, but Holly is extremely wrong here too. Isn't just having a child enough? She got the child- she won. Why isn't that enough for mothers? Why do they have to become so greedy with money? She had sex willingly....she is to blame as much as he is, BUT he no longer has parental rights.
Watching a parent fight over money because of you (the child) isn't what a child needs to go thru. The child ends up feeling that it is all their fault...she needs to just let it go...she got the child- that should be enough.
Claiborne has no soul.
How about all those years she took care of HIS child with no help from him? Sorry, he had a kid, he had a duty until his rights were terminated. Taking care of a child is not cheap, you know. You are a real piece of work, saying a guy should not have to take care of his kid because the woman chose to sleep with him. Do you blame rape victims too? You know, you are right, it was those doctors faults for getting killed by Karen Irby because they CHOSE to drive a truck that night.
Sounds like she wont really get any money. but if the court orders it, no matter how tortured
your logic, she should recieve it.
As far as having sex, it takes both parties willingly, but not just for the 15 minute thrill but the ownership of those actions.
If he lost parental rights, it sure wasnt because he paid too much money.
What happen to the yacht and two Fountain boats they have or had? Heard the bonding company may have got the yacht.?
Whether the mother has her faults is not the issue her. She bears responsibility for her actions and appears to have stepped to the plate and fulfilled them. The same can't be said for Mr. Frazier.
My point is this- don't drag a child thru this....let it go. She will find someone else to take care of her bills (as she has always done) and let it go. The more she goes to court and files on him, the more it shows the child "daddy doesn't want you". The child is more important than court. She isn't exactly living in a trailer park in Pearl...
Yes, taking care of a child is alot of work so let this be a lesson- don't sleep around....with men to try and get money from them. OR use protection.
Claiborne is a fool for not honoring his child....and a scumbag...but it is over. Many times the mother is scorned and will continue to harass the father- it only ends up hurting the child- believe me...I went through it...
I am so tired of these money hungry women who will do anything for a few bucks. Get a job and keep your legs closed and don't get involved with scum. MONEY isn't everything
1:08... I pray to God you do not have any boys! I would sure hate to think of your 'logic' being passed down... If that would have been your daughter, no matter her faults, it would still be your grandchild. If I thought I had a grandchild out there you'd better bet if I had to pull hair outta my son's head we'd get a DNA and I'd be a part of that child's life in all ways. I suspect the reason she chose to terminate his rights was he was a total loser up until that point. And whether he saw the child or not was his choice, he was still bound to support it. If she was keeping him from the child he should have went to court and gotten visitation legally. It's not a perfect system to be sure but at least a man would have tried.
DAMN THIS IS ALL CRAZY READING THIS STUFF AND KNOWING NO ONE INVOLVED. THIS IS SOAP OPERA SHIT.
Actually I have a foolproof idea that will work. First step, find the worst broadway script written. Then get the worst director and cast. Then get investors. Don't advertise it, make it so bad it has to close after one night. Keep the investors money. Foolproof.
'fish...you missed one component of the deal. You must add a bank loan to the mix...and leave your partners on the hook to repay a gaurantee
is it true C E Frazier and his wife divorced in order to protect her money
1:08 You are a goddamned fool. Please do not breed.
Web Jones
Where is the bailout?!? Frazier Construction, and all the other bs companies, are too big to fail. The sky is falling! Get some tax money to Claiborne stat!
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