Floorplan Xpress, LLC-OK v. Bagsby et al
Adversary Proceeding
Lead BK case is: 4:16-bk-42391
Lead BK case is: 4:16-bk-42391
| Missouri Western Bankruptcy Court | |
| Chapter 7 | |
| Judge: | Cynthia A Norton |
| Case #: | 4:16-ap-04124 |
| Nature of Suit | 67 Bankruptcy - Dischargeability - �523(a)(4), fraud as fiduciary, embezzlement, larceny 14 Bankruptcy - Recovery of money/property - other 62 Bankruptcy - Dischargeability - �523(a)(2), false pretenses, false representation, actual fraud |
| Case Filed: | Nov 03, 2016 |
| Terminated: | Sep 05, 2017 |
| Last checked: never |
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Defendant
Jeffrey Lawrence Bagsby
2101 SW Eagle Creek Court
Lees Summit, MO 64082 |
Represented By
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Defendant
Kennesha Marshaun Bagsby
2101 SW Eagle Creek Court
Lees Summit, MO 64082 |
Represented By
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Plaintiff
Floorplan Xpress, LLC-OK
8801 East 63rd Street Suite 104
Raytown, MO 64133 |
Represented By
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GPO
Jul 18 2017
>Memorandum Opinion Granting Defendants' Motion for Summary Judgment on Plaintiff's 11 U.S.C. Section 523(a)(4) Claims. So ORDERED by /s/ Cynthia A. Norton. The Moving Party is Directed to Serve this Order on Parties NOT Receiving Electronic Notice. (Related document(s)26) (Graham, Beth) |
| Docket last updated: 12 hours ago |
| Tuesday, September 05, 2017 | ||
| 39 | 39
epo
Generic Order
Tue 09/05 1:20 PM
Order of the Court The Stipulation regarding Dismissal with Prejudice between Floorplan Xpress, LLC-OK and Jeffrey Lawrence Bagsby and Kennesha Marshaun Bagsby is hereby APPROVED. It is so ORDERED by /s/ Cynthia A. Norton. The moving party is to serve this order on parties not receiving electronic notice but entitled to notice pursuant to Fed. R. Bankr. P. 2002, Local Rule 2002-1 and other applicable law. File the Certificate of Service and relate it to the epo category. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (Graham, Beth) |
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| 38 | 38
advother
Stipulation
Tue 09/05 9:52 AM
Stipulation regarding Dismissal with Prejudice between Floorplan Xpress, LLC-OK and Jeffrey Lawrence Bagsby and Kennesha Marshaun Bagsby. (Zerger, Heather) |
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court
Close Adversary Case
Tue 09/05 1:23 PM
Disposition and Closing Adversary Proceeding Number 4:16-ap-4124. (Graham, Beth) |
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| Tuesday, July 18, 2017 | ||
| 37 | 37
order
Order (miscellaneous)
Tue 07/18 10:35 PM
Order of the Court Partial Judgment in Favor of Defendants . Signed on 7/18/2017. The moving party is to serve this order on parties not receiving electronic notice but entitled to notice pursuant to Fed. R. Bankr. P. 2002, Local Rule 2002-1 and other applicable law. File the Certificate of Service and relate it to the order category. (Graham, Beth) |
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| 36 | 36
order
Free Order - Opinion
Tue 07/18 10:30 PM
>Memorandum Opinion Granting Defendants' Motion for Summary Judgment on Plaintiff's 11 U.S.C. Section 523(a)(4) Claims. So ORDERED by /s/ Cynthia A. Norton . The Moving Party is Directed to Serve this Order on Parties NOT Receiving Electronic Notice. (Graham, Beth) |
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| 35 | 35
hrg
Hearing Called and Continued
Tue 07/18 10:15 PM
Hearing Called and Continued re: Complaint. Parties to be prepared at next status hearing to discuss trial dates and length. Appearances by Steve Mauer and Chris Troppito. ERO - CW Status hearing to be held on 9/19/2017 at 02:30 PM at Telephone Conference. (Graham, Beth) |
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| Friday, June 02, 2017 | ||
| 34 | 34
answer
Reply
Fri 06/02 9:08 AM
Reply to Plaintiff's Response to Defendant's Motion for Summary Judgment filed by Jeffrey Lawrence Bagsby, Kennesha Marshaun Bagsby. (Troppito, Chris) |
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Att: 1
Affidavit Affidavit of Jeff Bagsby
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| Friday, May 19, 2017 | ||
| 33 | 33
advother
Certificate of Service
Fri 05/19 2:53 PM
Certificate of Service of Plaintiffs Discovery Responses filed by Floorplan Xpress, LLC-OK. (Zerger, Heather) |
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| 32 | 32
advother
Suggestions in Opposition
Fri 05/19 2:39 PM
Suggestions in Opposition to Motion for Summary Judgment filed by Floorplan Xpress, LLC-OK. (Zerger, Heather) |
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Att: 1
Exhibit A - Affidavit of Landon Capdeville
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| Monday, May 08, 2017 | ||
| 31 | 31
epo
Extend Time
Mon 05/08 2:25 PM
Order of the Court Granting the Motion to Extend Time to 5/19/17 to Respond to Defendants' Motion for Summary Judgment on Plaintiff's 11 U.S.C. 523 (a)(4) Claim. It is so ORDERED by /s/ Cynthia A. Norton Response due by 5/19/2017. The moving party is to serve this order on parties not receiving electronic notice but entitled to notice pursuant to Fed. R. Bankr. P. 2002, Local Rule 2002-1 and other applicable law. File the Certificate of Service and relate it to the epo category. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (Graham, Beth) |
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| Friday, May 05, 2017 | ||
| 30 | 30
motion
Extend Time
Fri 05/05 11:59 AM
Agreed Motion to Extend Time to Respond to Defendants' Motion for Summary Judgment. Extension requested to May 19, 2017. filed by Floorplan Xpress, LLC-OK. (Zerger, Heather) |
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| Tuesday, April 25, 2017 | ||
| 29 | 29
court
Hearing Called and Continued - Adv
Wed 04/26 12:41 PM
Status Hearing Called and Continued re: Complaint. Appearances by Steve Mauer and Chris Troppito. ERO - PM. Status hearing to be held on 7/18/2017 at 02:30 PM at Telephone Conference. (Graham, Beth) |
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| 28 | 28
audio
Audio File - mp3 uploaded
Tue 04/25 4:10 PM
PDF with attached Audio File. CAUTION: PACER FEES APPLY ANYTIME AN AUDIO FILE IS ACCESSED. Court Date & Time [ 4/25/2017 2:31:01 AM ]. File Size [ 5694 KB ]. Run Time [ 00:11:52 ]. (courtspeak) |
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| Thursday, April 20, 2017 | ||
| 27 | 27
advother
Suggestions in Support
Thu 04/20 9:33 AM
Suggestions in Support of Defendants' Motion for Summary Judgment on Plaintiff's 11 U.S.C. 523 (a)(4) Claims filed by Jeffrey Lawrence Bagsby, Kennesha Marshaun Bagsby. (Troppito, Chris) |
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Att: 1
Exhibit Exhibit A
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Att: 2
Exhibit Exhibit B
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Att: 3
Exhibit Exhibit C
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| 26 | 26
motion
Summary Judgment
Thu 04/20 9:30 AM
Motion for Summary Judgment on Plaintiff's 11 U.S.C. 523 (a)(4) Claim filed by Jeffrey Lawrence Bagsby, Kennesha Marshaun Bagsby. (Troppito, Chris) |
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| Tuesday, April 18, 2017 | ||
| 25 | 25
advother
Certificate of Service regarding Discovery
Tue 04/18 2:10 PM
Certificate of Service regarding Discovery propounded on Plaintiff filed by Jeffrey Lawrence Bagsby, Kennesha Marshaun Bagsby. (Troppito, Chris) |
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| Wednesday, April 12, 2017 | ||
| 24 | 24
advother
Certificate of Service regarding Discovery
Wed 04/12 8:57 AM
Certificate of Service regarding Discovery filed by Jeffrey Lawrence Bagsby, Kennesha Marshaun Bagsby. (Troppito, Chris) |
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| Wednesday, March 01, 2017 | ||
| 22 | 22
audio
Audio File - mp3 uploaded
Wed 03/01 5:00 PM
PDF with attached Audio File. CAUTION: PACER FEES APPLY ANYTIME AN AUDIO FILE IS ACCESSED. Court Date & Time [ 2/28/2017 3:35:17 AM ]. File Size [ 6370 KB ]. Run Time [ 00:13:16 ]. (courtspeak) |
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| Tuesday, February 28, 2017 | ||
| 23 | 23
court
Hearing Called and Continued - Adv
Wed 03/01 11:16 PM
Hearing Called and Continued re: Complaint. This matter will be taken up at the same time with 16-4123 for the next telephone conference. Parties are welcome to collaborate on a scheduling order but it is not required. Parties to let the Court know if they need a firm Discovery cutoff date or whether they want other dates set for dispositive motions, expert witnesses or trial dates or just need more time. The Court is thinking one day for each adversary. Appearances by Steve Mauer and Chris Troppito. ERO - PM Status hearing to be held on 4/25/2017 at 02:30 PM at Telephone Conference. ( PARTIES WISHING TO PARTICIPATE IN THE CONFERENCE SHOULD PROVIDE THE COURTROOM DEPUTY, BETH GRAHAM AT 816-512-1852 OR Beth_Graham@mow.uscourts.gov, AT LEAST 2 DAYS PRIOR TO THE HEARING, BUT NOT MORE THAN ONE WEEK PRIOR, WITH A NUMBER AT WHICH THEY CAN BE REACHED ON THE SCHEDULED HEARING DATE AND TIME .) (Graham, Beth) |
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| Monday, February 20, 2017 | ||
| 21 | 21
answer
Answer to Complaint
Mon 02/20 11:48 AM
Answer to Complaint Filed by Jeffrey Lawrence Bagsby, Kennesha Marshaun Bagsby. (Troppito, Chris) |
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| 20 | 20
other
Entry of Appearance - text only
Mon 02/20 11:45 AM
Entry of Appearance by Chris M. Troppito on behalf of Jeffrey L. Bagsby and Kennesha M. Bagsby. (Troppito, Chris) |
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| Sunday, January 29, 2017 | ||
| 19 | 19
epo
Continue Trial
Sun 01/29 6:56 PM
Order of the Court Granting the Motion to Continue the Trial re: Complaint by Floorplan Xpress, LLC-OK against Jeffrey Lawrence Bagsby, Kennesha Marshaun Bagsby. The parties should be prepared to discuss setting a new trial date and other scheduling issues at the pretrial conference, which will be held on February 28, 2017 at 2:30 p.m. by telephone. (Parties shall notify the Court of a Number they can be reached at the day of the hearing at least 2 days prior to the hearing - beth_graham@mow.uscourts.gov or 816-512-1852). It is so ORDERED by /s/ Cynthia A. Norton . The moving party is to serve this order on parties not receiving electronic notice but entitled to notice pursuant to Fed. R. Bankr. P. 2002, Local Rule 2002-1 and other applicable law. File the Certificate of Service and relate it to the epo category. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (Graham, Beth) |
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| Thursday, January 26, 2017 | ||
| 18 | 18
motion
Continue Adversary Hearing
Thu 01/26 10:04 AM
Motion to Continue Hearing On Bench Trial . filed by Floorplan Xpress, LLC-OK. (Zerger, Heather) |
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| Thursday, January 19, 2017 | ||
| 17 | 17
epo
Extend Time
Thu 01/19 1:06 PM
Order of the Court Granting the Motion to Extend Time to 2/20/2017 to file an Answer to the Complaint. It is so ORDERED by /s/ Cynthia A. Norton The moving party is to serve this order on parties not receiving electronic notice but entitled to notice pursuant to Fed. R. Bankr. P. 2002, Local Rule 2002-1 and other applicable law. File the Certificate of Service and relate it to the epo category. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. Answer due: 2/20/17. (Graham, Beth) |
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| Wednesday, January 18, 2017 | ||
| 16 | 16
motion
Extend Time
Thu 01/19 11:28 AM
Motion to Extend Time to file an Answer to the Complaint. Extension requested to 2/20/2017 (an additional 30 days). filed by Jeffrey Lawrence Bagsby, Kennesha Marshaun Bagsby. (Harden, Debra) |
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| Tuesday, December 20, 2016 | ||
| 15 | 15
advother
Certificate of Service
Tue 12/20 3:04 PM
Certificate of Service of First Interrogatories and First Request for Production of Documents filed by Floorplan Xpress, LLC-OK. (Zerger, Heather) |
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| Thursday, December 15, 2016 | ||
| 14 | 14
advother
Summons Service Executed
Thu 12/15 4:29 PM
Summons Service Executed on Kennesha Marshaun Bagsby, date served 12/15/2016 filed by Floorplan Xpress, LLC-OK. (Zerger, Heather) |
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Att: 1
Exhibit Delivery Receipt
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| 13 | 13
advother
Summons Service Executed
Thu 12/15 4:25 PM
Summons Service Executed on Jeffrey Lawrence Bagsby, date served 12/15/2016 filed by Floorplan Xpress, LLC-OK. (Zerger, Heather) |
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Att: 1
Exhibit Delivery Receipt
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| Wednesday, December 14, 2016 | ||
| 12 | 12
court
Alias Summons Issued
Wed 12/14 11:22 AM
Alias Summons Issued 12/14/2016 on Defendant(s) Jeffrey Lawrence Bagsby , Kennesha Marshaun Bagsby . Attorney for Plaintiff to Serve Summons and File a Certificate of Service. Note: The Summons is only effective for a period of 7 days after its issuance. Service made after that date is ineffective. Service must be made in accordance with the provisions of Rule 7004 of the Federal Rules of Bankruptcy Procedure. Failure to certify that service was effected within the time and in the manner required may lead to denial of a request for judgment by default. . (McAdams, Jamie) |
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| 11 | 11
order
Pretrial Order - Amended
Wed 12/14 11:21 AM
Amended Pretrial Order Attorney for Plaintiff is Directed to serve this order and the summons on parties not receiving electronic notice but entitled to notice pursuant to Fed. R. Bankr. P. 2002, Local Rule 2002-1 and other applicable law; and, file a Certificate of Service. Please contact Beth Graham at 816-512-1852 or beth_graham@mow.uscourts.gov with any questions, or with a number at which you can be reached on the scheduled Pretrial Telephone Conference date and time. Pre-Trial Conference set for 2/28/2017 at 02:30 PM at Telephone Conference. Trial date set for 3/8/2017 at 09:30 AM at US Courthouse, Courtroom 6A, 400 E. 9th St., Kansas City, MO. (McAdams, Jamie) |
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| Tuesday, December 13, 2016 | ||
| 10 | 10
advother
Request for Alias Summons (text entry)
Tue 12/13 1:31 PM
Request for Alias Summons to be prepared for Kennesha Marshaun Bagsby filed by Floorplan Xpress, LLC-OK. (Zerger, Heather) |
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| 9 | 9
advother
Request for Alias Summons (text entry)
Tue 12/13 1:30 PM
Request for Alias Summons to be prepared for Jeffrey Lawrence Bagsby filed by Floorplan Xpress, LLC-OK. (Zerger, Heather) |
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| 8 | 8
advother
Summons Service Unexecuted
Tue 12/13 1:29 PM
Summons Returned Unexecuted Re Kennesha Marshaun Bagsby. (Zerger, Heather) |
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| 7 | 7
advother
Summons Service Unexecuted
Tue 12/13 1:29 PM
Summons Returned Unexecuted Re Jeffrey Lawrence Bagsby. (Zerger, Heather) |
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| Tuesday, November 29, 2016 | ||
| 6 | 6
court
Summons Issued
Tue 11/29 2:49 PM
Summons Issued 11/29/2016 on Defendant(s) Jeffrey Lawrence Bagsby , Kennesha Marshaun Bagsby . Attorney for Plaintiff to Serve Summons and File a Certificate of Service. NOTE: The Summons is only effective for a period of 7 days after its issuance. Service made after that date is ineffective. Service must be made in accordance with the provisions of Rule 7004 of the Federal Rules of Bankruptcy Procedure. Failure to certify that service was effected within the time and in the manner required may lead to denial of a request for judgment by default. . (McAdams, Jamie) |
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| 5 | 5
order
Pretrial Order
Tue 11/29 2:48 PM
Pretrial Order. Attorney for Plaintiff is Directed to serve this order and the summons on parties not receiving electronic notice but entitled to notice pursuant to Fed. R. Bankr. P. 2002, Local Rule 2002-1 and other applicable law; and, file a Certificate of Service. Please contact Beth Graham at 816-512-1852 or beth_graham@mow.uscourts.gov with any questions, or with a number at which you can be reached on the scheduled Pretrial Telephone Conference date and time. Pre-Trial Conference set for 1/31/2017 at 02:30 PM at Telephone Conference. Trial date set for 2/15/2017 at 09:30 AM at US Courthouse, Courtroom 6A, 400 E. 9th St., Kansas City, MO. (McAdams, Jamie) |
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| Friday, November 04, 2016 | ||
| 4 | 4
court
Court Certificate of Service w/drop downs
Fri 11/04 6:44 PM
Court's Certificate of Service to Jeffrey and Kennesha, Bagsby 2101 SW Eagle Creek Court Lees Summit, MO 64082 via first-class US Mail on this November 7th, 2016 re: Notice re Pro Bono Litigation Project and Application (Parle, Cecelia) |
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| 3 | 3
court
Notice re Pro Bono Litigation - Defendant
Fri 11/04 6:40 PM
Notice re Pro Bono Litigation Project - A lawsuit has been started against you. You have been or will be served with a Summons and Complaint. If the plaintiff is successful, or you do not respond in time, you could end up either owing money to the plaintiff or having your discharge denied or revoked. The Court shall serve a copy of this Notice on parties not receiving electronic notification . (Parle, Cecelia) |
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| Thursday, November 03, 2016 | ||
| 2 | 2
crditcrd
Auto-Docket of Receipt for Filing Fees
Thu 11/03 12:43 PM
Receipt for Complaint 16-04124 can) [cmp,cmp] ( 350.00), with receipt number 13868142, in the amount of 350.00 dollars. (U.S. Treasury) |
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| 1 | 1
cmp
Complaint
Thu 11/03 12:42 PM
Adversary case 16-04124 Complaint by Floorplan Xpress, LLC-OK against Jeffrey Lawrence Bagsby, Kennesha Marshaun Bagsby. Plaintiff must pay the filing fee of $350.00 today. The Nature of Suit for this Complaint is: (62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud),67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)) (Zerger, Heather) |
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Att: 1
Exhibit Exhibit 1 - Agreement
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Att: 2
Exhibit Exhibit 2 - Borrowing Authorization Resolution
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Att: 3
Exhibit Exhibit 3 - Verified Petition for Damages
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