DJS Towing and Transport Sues First Home Bank for $800K, Argues that Bank Allegedly Administered Loan Negligently
January 6, 2022, Southern District of Florida – Plaintiff-Debtor DJS Towing and Transport, LLC files a complaint against Defendant First Home Bank for alleged damages and to determine the nature, validity, and extent of a lien. DJS also seeks to compel the Bank to turn over the alleged property of the estate under Sec. 542 of the Bankruptcy Code.
DJS argues that the Bank allegedly administered its loan negligently, which caused great harm to Plaintiff. Specifically, DJS claims that due to the alleged obstruction, incompetence, negligence, or fraud by the Bank in impairing the retagging of the trucks in South Carolina, DJS was allegedly forced to discontinue the effort to relocate to South Carolina and was forced to bring the company back to Florida where insurance rates are far more than what they would have been in South Carolina. DJS further contends that by the time it could re-establish a Florida operation, as idle vehicles, the trucks had suffered substantial disrepair and untenable economic costs to Plaintiff to restore them to certified condition. As a result, DJS claims that it could not pay Defendant’s loan.
Accordingly, DJS seeks a declaratory ruling that the alleged damages incurred by Plaintiff arose from Defendant’s alleged acts and exceed the outstanding balance owed to Defendant. The complaint contains a count for tortious interference, alleging that the Bank allegedly tortiously and maliciously interfered with Debtor’s business operations that caused grievous harm to DJS and caused a loss of business revenues for over $800,000. DJS further requests the Court to rule in its favor in holding that the alleged lien is of no further force or effect and permanently proscribe the Bank from enforcement or collection of any indebtedness from DJS.
In re DJS Towing and Transport, LLC, Case 22-01004-EPK