Nearly $2.7 Million Sought From Wells Fargo, Situs Asset Management & Others in PWM Property Management Bankruptcy
February 1, 2022, District of Delaware – Plaintiffs 245 Park Avenue Property LLC, 245 Park Avenue Mezz A LLC, 245 Park Avenue Mezz B LLC, and 245 Park Avenue Mezz C LLC file a complaint against Wells Fargo Bank, N.A., Situs Asset Management LLC, SitusAMC, SitusServ L.P., T-C M-T REIT LLC, Commercial Loan Services for turnover of funds and violation of automatic stay under Section 542 & 362(k) in the bankruptcy case of Debtors PWM Property Management, LLC, et.al.
The Plaintiffs seek the judgment of $651,796.53 against Wells Fargo Bank, $1,084,741.67 against Commercial Loan Services and T-C M-T REIT LLC, $1,018,263.90 against Defendants Situs Asset Management LLC, SitusAMC and SitusServ L.P. The complaint contends that nearly $11 million in cash was allegedly automatically debited from the Park Avenue Owner’s bank account for certain payments due on November 1, 2021. The complaint further adds that while the Debtors were allegedly going to pay $8,094,672.20 of the nearly $11 million during the Chapter 11 cases, they were allegedly not obligated to pay the remaining $2,754,802.10. The Plaintiffs claim that 245 Park Avenue’s property manager allegedly set up the automatic debits in advance of the November 1 due date, allegedly unbeknownst to the Park Avenue Owner – the payments were allegedly not canceled after the Debtors filed the petitions on October 31.
Accordingly, the Plaintiffs seek to recover $2.7 million for the benefit of the bankruptcy estate.
In re PWM Property Management, LLC, et. al.