January 20, 2022, Southern District of Florida – Soneet R. Kapila, as Chapter 7 Trustee for the bankruptcy estate of Debtor Theosmans, Inc., f/k/a Check Cashing USA, Inc., (CCUSA), initiates a lawsuit against Florida based limited liability company, Taso Group, LLC, to recover the alleged outstanding balance of $659,192.36 on a $9 million promissory note (allegedly due to the Debtor from Taso Group, LLC).
The Trustee contends that Taso defaulted under the $9M Note terms by allegedly failing to make the required payments on and after the maturity date. Specifically, the complaint asserts that CCUSA filed the bankruptcy case to delay certain post-judgment collection activities by the Debtor’s creditors (the “Garnishment Litigation”). Later, the Court permitted the creditors, Gould and Goldman, to continue prosecuting the Garnishment Litigation wherein they asserted that Taso owes CCUSA (the estate) substantial funds on a $9M promissory note. Ultimately, Gould and Goldman prevailed in the Garnishment Litigation against Taso. The Court entered final judgment against Taso in favor of Gould and Goldman for over $2.7M plus interest as of December 13, 2019. The complaint alleges that the total sum due under the $9M note was $3,344,463.57 as of December 13, 2021.
The complaint further contends that after satisfying the final judgment and net of obligations due Gould and Goldman in the Garnishment Litigation, Taso allegedly continues to owe CCUSA substantial funds under the $9M note for $659,192.36 as of December 13, 2021. Thus, the Trustee alleges that the bankruptcy estate suffered damages due to Taso’s breach of the $9M note and requests the Court to enter judgment in favor of the estate and against Taso for the sums due under the promissory note.
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