Filed: Jun. 02, 2016
Latest Update: Jun. 02, 2016
Summary: ORDER AND JUDGMENT RE NONDISCHARGEABLE DEBTS WILLIAM T. THURMAN , Bankruptcy Judge . This matter came on regularly for trial on February 4 and 5, March 3 and 4, and May 6, 2016, before the above-entitled Court, the Honorable William T. Thurman, United States Bankruptcy Judge, presiding. Bryce D. Panzer of Blackburn & Stoll, LC, represented the Plaintiffs Telegraph Tower, LLC, and Jared Christiansen. Defendants Donald Joseph Larkin and Stephen Max Larkin represented themselves pro se . The
Summary: ORDER AND JUDGMENT RE NONDISCHARGEABLE DEBTS WILLIAM T. THURMAN , Bankruptcy Judge . This matter came on regularly for trial on February 4 and 5, March 3 and 4, and May 6, 2016, before the above-entitled Court, the Honorable William T. Thurman, United States Bankruptcy Judge, presiding. Bryce D. Panzer of Blackburn & Stoll, LC, represented the Plaintiffs Telegraph Tower, LLC, and Jared Christiansen. Defendants Donald Joseph Larkin and Stephen Max Larkin represented themselves pro se . The C..
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ORDER AND JUDGMENT RE NONDISCHARGEABLE DEBTS
WILLIAM T. THURMAN, Bankruptcy Judge.
This matter came on regularly for trial on February 4 and 5, March 3 and 4, and May 6, 2016, before the above-entitled Court, the Honorable William T. Thurman, United States Bankruptcy Judge, presiding. Bryce D. Panzer of Blackburn & Stoll, LC, represented the Plaintiffs Telegraph Tower, LLC, and Jared Christiansen. Defendants Donald Joseph Larkin and Stephen Max Larkin represented themselves pro se. The Court having made and entered its Findings of Fact and Conclusions of Law, and good cause appearing, it is hereby.
ORDERED, ADJUDGED AND DECREED that Plaintiffs Telegraph Tower, LLC, and Jared Christiansen are granted judgment against Defendants Donald Joseph Larkin and Stephen Max Larkin (the "Larkins") as follows:
1. Telegraph Tower, LLC, and Jared Christiansen are awarded judgment against the Donald Joseph Larkin and Stephen Max Larkin, jointly and severally, for the following damages, which are nondischargeable debts and are excepted from Defendants' discharge pursuant to 11 U.S.C. §523(a)(2)(A):
A. Telegraph Tower, LLC, and Jared Christiansen are awarded general damages in the sum of $619,606.16, plus accrued interest of $330,682.96 (as of May 27, 2016), for a total of $950,289.12.
B. Telegraph Tower, LLC, is further awarded special damages in the sum of $110,857.07, plus accrued interest of $30,179.75 (as of May 27, 2016), for a total of $141,036.82.
C. The foregoing sums shall bear interest from and after the date of entry hereof at the federal post-judgment rate as provided by 28 U.S.C. § 1961.
2. Jared Christiansen, as assignee of the claims previously held by L. Warren Cox and Trina Kay Cox, Trustees of the L. Warren Cox Living Trust dated August 8, 1997, is further awarded judgment against Donald Joseph Larkin and Stephen Max Larkin, jointly and severally, for the sum of $100,000.00, plus accrued interest of $58,410.96 (as of May 27, 2016), for a total of $158,410.96, which are nondischargeable debts and are excepted from Defendants' discharge pursuant to 11 U.S.C. §§523(a)(2)(A) and (a)(4). The foregoing sum shall bear interest from and after the date of entry hereof at the federal post-judgment rate as provided by 28 U.S.C. § 1961.
