Post by pavel on Apr 5, 2016 2:16:01 GMT -6
Texarkana Hotels files bankruptcy: Bank's lawyer claims slander, seeks sanctions for 'scandalous' allegations
Lawyers for MidSouth Bank, the bank holding the note on Texarkana's Arkansas Convention Center, cannot move forward with foreclosure, but they want to proceed with claims of misconduct.
Texarkana Hotels LLC, which is the convention center's managing company, filed for Chapter 11 bankruptcy Thursday in the Texarkana Division of the Eastern District of Arkansas. Texarkana Hotels is owned by Dr. Hiren Patel and his wife, Nila. The Patels filed for Chapter 11 relief Friday in the Sherman Division of the Eastern District of Texas. The filings meant an automatic stay in MidSouth Bank's complaint for foreclosure in Miller County.
At a hearing Monday before Circuit Judge Brent Haltom, the bank's lawyer, Paul Lindsey of Camden, Ark., said he believes the state court should be able to rule on a motion asking that the Patels' lawyer, Don Overton of Little Rock, be sanctioned for making offensive statements in court filings.
"The numerous false, unwarranted, frivolous, and scandalous allegations made by defendants and their attorney, J. Don Overton, in the motion, lack evidentiary support and are slanderous," states a motion for sanctions Lindsey filed in January. "These allegations were intentionally made for the apparent purpose to intimidate, harass, delay and/or needlessly increase the cost of litigation."
MidSouth's complaint was filed Oct. 30, and the bank claims it served Hiren Patel on Nov. 3 with copies for him, his wife and Texarkana Hotels while Hiren Patel was at the Miller County courthouse to meet with County Judge Larry Burgess concerning the valuation of the convention center and adjacent water park, which the Patels also own.
Read more: www.texarkanagazette.com/news/texarkana/story/2016/apr/04/texarkana-hotels-files-bankruptcy-banks-lawyer-claims-slander-seeks-sanctions-scandalous-allegations/420109/
Lawyers for MidSouth Bank, the bank holding the note on Texarkana's Arkansas Convention Center, cannot move forward with foreclosure, but they want to proceed with claims of misconduct.
Texarkana Hotels LLC, which is the convention center's managing company, filed for Chapter 11 bankruptcy Thursday in the Texarkana Division of the Eastern District of Arkansas. Texarkana Hotels is owned by Dr. Hiren Patel and his wife, Nila. The Patels filed for Chapter 11 relief Friday in the Sherman Division of the Eastern District of Texas. The filings meant an automatic stay in MidSouth Bank's complaint for foreclosure in Miller County.
At a hearing Monday before Circuit Judge Brent Haltom, the bank's lawyer, Paul Lindsey of Camden, Ark., said he believes the state court should be able to rule on a motion asking that the Patels' lawyer, Don Overton of Little Rock, be sanctioned for making offensive statements in court filings.
"The numerous false, unwarranted, frivolous, and scandalous allegations made by defendants and their attorney, J. Don Overton, in the motion, lack evidentiary support and are slanderous," states a motion for sanctions Lindsey filed in January. "These allegations were intentionally made for the apparent purpose to intimidate, harass, delay and/or needlessly increase the cost of litigation."
MidSouth's complaint was filed Oct. 30, and the bank claims it served Hiren Patel on Nov. 3 with copies for him, his wife and Texarkana Hotels while Hiren Patel was at the Miller County courthouse to meet with County Judge Larry Burgess concerning the valuation of the convention center and adjacent water park, which the Patels also own.
Read more: www.texarkanagazette.com/news/texarkana/story/2016/apr/04/texarkana-hotels-files-bankruptcy-banks-lawyer-claims-slander-seeks-sanctions-scandalous-allegations/420109/