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untanglingwebs
El Supremo
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Dealer Services Corporation V Usewick filed claims as a non-dischargeable debt.
Statements:
Usewick was the sole owner and managing member of Executive Auto Brokers. On September 16, he signed a $200,000 line of credit with Dealer Services Corporation (DSC) for floorplanning his auto sales. The security on the loan was perfected by a Uniform Commercial Code (UCC) statement with the Michigan Department of State.
In 2008 there a new note for $350,000 which required an Individual Personal Guaranty. Between 2005 and 2008, there were 352 cars purchased for retail. On December 16,2008 DSC learned that 25 cars, which had been floorplanned, had been removed from the lot without authorization. DSC declared a default and filed a lawsuit in the Genesee County Court alleging Breach of Contract, Breach of Guaranty, fraud and conversion. DSC received a judgment on August 10,2009.
The fraud allegedly occurred when the titles of 25 vehicles were misrepresented as lost, destroyed or stolen and replaced with fraudulent titles. DSC had possession of these titles as it was customary to hold titles of these vehicles to secure the lines of credit for the dealers.
DSC recovered 13 of the 25 vehicles and 12 were not recovered. Usewick admitted he used duplicate titles to sell cars. DSC alleges they were owed $163,255.25 in principal without interest on these vehicles not recovered. Usewick was said to have paid nothing on 10 of the 12 unrecovered cars. The proceeds were to be in a trust.
The lawsuit alleges Usewick converted the proceeds to his personal use and sold some collateral to a third party.. |
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Mon Dec 30, 2013 5:30 pm |
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untanglingwebs
El Supremo
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Charges in DSC Lawsuit:
Count I-Fraud under 11US523(a) (2) (A) a non dischargeable debt.
Count II- Defalcation in a fiduciary capacity under 11USC 523(a)(4)
Count III Willful and Malicious injury 11 USC 522 (a) (6)
Count IV Fraud
Count V fraud by Usewick
Count VI Civil Conversion
Usewick admitted or did not contest counts I through IV and pleaded the 5th amendment to the Counts IV through VI . Usewick asserted the damages claimed were greater than suffered. There was a default judgment in Fullerton's court on August 10, 2009 (08-90276 PD) The notice of entry was waived by attorney Jeffrey Chimnovitz. |
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Mon Dec 30, 2013 5:47 pm |
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untanglingwebs
El Supremo
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| Several of the cars with duplicate titles were luxury cars such as Lincoln Town car, Cadillac, a Land Rover and a 2004 Jaguar. DSC stated the 2004 Jaquar was in the possession of Germaine Tyler, but the title remained in the name of Executive Auto brokers. |
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Mon Dec 30, 2013 5:53 pm |
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untanglingwebs
El Supremo
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Bankruptcy Exhibit 3-Secured Claims
American Home Mortgage (Tx) Claim $146,122 paid 0
Chase Manhattan Mortgage (Ohio) claim $61,411 paid 0
El-ga Credit Union claim $126,996 paid 0
First Place Bank (Ohio) claim $52,855 paid 0
First Place Bank (Ohio) claim $51,566 paid 0
Ford Motor Credit claim $8,888 paid 0
GMAC Gateway claim $2,129 paid 0
IndyMac (TX) claim $959,951 paid 0
IndyMac (TX) claim $117,135 paid 0
IndyMac (TX) claim $37,648 paid 0
IndyMac (TX) claim 35,775 paid 0
IndyMac (TX) claim $35,714 paid 0
IndyMac (TX) claim $29,505 paid 0 |
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Tue Dec 31, 2013 3:47 pm |
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untanglingwebs
El Supremo
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Exhibit 7 general Unsecured Loans
Claims Scheduled $1,136,714.80
Claims Asserted $1,537,058.43
Claims allowed $1,544,079.75
Claims Paid $21,573.68 |
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Sat Jan 04, 2014 7:07 am |
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untanglingwebs
El Supremo
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THIS MAY BE THE CAR DEAL FOM HELL FOR THE MOFFETS!
ADR CASE REGISTER OF ACTIONS 01/04/14 PAGE 1
13-100415-NZ JUDGE FULLERTON FILE 05/14/13
GENESEE COUNTY
P 001 MOFFETT,ASHLEY, VS D 001 SUSKI USED CARS LLC.,,
RES-SUSKI,ANDREW,D
205 S DORT HIGHWAY
FLINT MI 48503
ATY:CAMPBELL,ANDREW ATY:SALIM,DAVID A.,
P-64391 810-232-4344 P-58361 810-232-5038
SERVICE/ANS 08/21/13 ANS
P 002 MOFFETT,DYANN, VS D 002 ALLY FINANCIAL INC,,
C/O-THE CORPORATION COMPANY,,
30600 TELEGRAPH RD
SUITE 2345
BINGHAM FARMS MI 48025
ATY:CAMPBELL,ANDREW
P-64391 810-232-4344
DISPOSITION 06/14/13 DIS MAC
Actions, Judgments, Case Notes
-------------------------------------------------------------------------------
Num Date Judge Chg/Pty Event Description/Comments
---- -------- ---------- ------- ---------------------------------------------
1 05/14/13 FULLERTON SUMMONS AND COMPLAINT FILED
RECEIPT# 00382750 AMT $150.00
2 COMPLAINT FILED
3 06/14/13 NOTICE OF VOLUNTARY DISMISSAL
AS TO ALLY FINANCIAL INC ONLY
FILED |
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Sat Jan 04, 2014 7:13 am |
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untanglingwebs
El Supremo
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Both Ashley and Dyann Moffett bought cars from the Suski Used Car lot on Clio Road in Mt Morris within a short time of each other.
The allegations in the lawsuit's six counts are numerous.
Count one: Recission
There were changes in the process that violated state law.
The Moffetts did not receive their titles within the time mandated by law.
During the process, the payment date was moved up.
The sales person placed false information into the system in order to sell the loan
to a third party
Placed false information into the lien
Failed to obtain a valid license plate or a copy of the title front and back
Failed to pay the lien holder on a trade-in, resulting in collection calls and
embarassment
Failed to follow the Truth in Lending Act
Asked the Moffetts to sign multiple Retail Sales Installment Contracts.
Last edited by untanglingwebs on Sat Jan 04, 2014 7:50 am; edited 1 time in total |
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Sat Jan 04, 2014 7:39 am |
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untanglingwebs
El Supremo
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Count two:
Common Law Fraud
Failed to follow the regulations and rules required by the Michigan Secretary of
State and Michigan Vehicle Code
Dyann is unable to legally operate her vehicle (no title or plate)
Representations were made that a mechanical problem would be fixed. When the
repair was requested a $250 deposit was required and a loaner given. Then
representatives of dealership alleged Dyann stole the loaner. |
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Sat Jan 04, 2014 7:49 am |
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untanglingwebs
El Supremo
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Count III Innocent Misrepresentations
No contract was entered into that reflected the representations made.
Count IV Violation of Michigan Odometer Act
The defendant intended fraud. Plaintiff requesting $1,500 for each violation plus costs and attorney fees.
Count V Violation of the Truth in Lending Act
The finance charges must be disclosed in writing and thre should be no writing until after the credit is extended.
Requesting actual damages per 15 USC 1640 (a)(1)
Requesting statutory damages per 15 USC 1640 (a) (2)
Count VI Violation of Truth in Lending Act
Defendant failed to disclose the amount financed, finance charge and annual percentage rate until after the delivery of the vehicle. |
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Sat Jan 04, 2014 8:04 am |
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untanglingwebs
El Supremo
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Suski Chevrolet-Buick president shuts down five used car lots, cites 'management p
Ron Fonger | rfonger1@mlive.com By Ron Fonger | rfonger1@mlive.com
on January 09, 2014 at 6:00 AM, updated January 09, 2014 at 6:07 AM
GENESEE COUNTY, MI -- The president of Suski Chevrolet-Buick in Birch Run says he closed five area used car lots because they weren't being operated up to his standards.
President Andy Suski said the lots were closed in late December "with the cooperation of Ally Financial," the former General Motors Acceptance Corporation, a major provider of financing to car buyers.
Ally bankrolled inventory at the Suski Used Cars lots in Flint, Fenton, Mt. Morris, Lapeer and Holly, Suski said,
"We have more cars right now than I want to," Suski said. "It was a management problem ... I did not get management to the level (I wanted even though) I worked with them (on) staff and supervision."
Suski declined to discuss the management problem in further detail.
Susan Fitzpatrick, director of communications for Ally Financial, declined to comment in an email to MLive-The Flint Journal and referred questions about the closings to Suski.
Suski said used cars have been and are being moved to his dealership in Birch Run where the vehicles will be retailed or wholesaled to other General Motors dealerships.
He declined to says how many employees were transferred to the Suski dealerships and how many lost their jobs as a result of the closings.
The Suski used car lots were leased and located at 205 S. Dort Highway, Flint; 16555 Silver Parkway, Fenton; 7401 Clio Road, Mt. Morris;1640 Lapeer Road, Lapeer; and 15133 North Holly Road, Holly.
Paperwork filed with the state Department of Licensing and Regulatory Affairs lists Andy Suski as the resident agent for Suski Used Cars of Fenton LLC and Suski Used Cars of Lapeer LLC.
Andy Suski is also listed in articles or organization and annual reports filed with the state as the president of Suski Used Cars of Mt. Morris LLC and Suski Used Cars LLC.
"We're going to be bringing these cars to Suski Chevrolet-Buick and have one hell of a sale," he said. "We have hired some of the Suski Used Cars employees (and) we're putting together a huge sale (because of) my overstocking of used cars." |
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Thu Jan 09, 2014 8:44 am |
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untanglingwebs
El Supremo
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| This explains why the cars were being stored at the old Ternstedt plant in Mt Morris Township. The web site showed a number o luxury cars available. Might be worth checking out if you are interested in a good deal on a car. |
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Thu Jan 09, 2014 8:47 am |
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untanglingwebs
El Supremo
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Terry camp asks the tough questions.
State probing customer complaints from Suski used car lots
Posted: Jan 10, 2014 5:58 PM EST
Updated: Jan 10, 2014 6:30 PM EST
by Terry Camp - email
BIRCH RUN (WJRT) -
(01/10/14) - A well-known Mid-Michigan car dealer has closed five of its used car lots.
Andy Suski of Suski Chevrolet-Buick in Birch Run says he closed the dealerships in Flint, Fenton, Mt. Morris, Holly and Lapeer because they weren't being run up to his standards.
It appears they might not have been running up to the standards of the Michigan Secretary of State's office, either.
We talked with Andy Suski on the phone, Friday, and he is having a big sale at his car dealership in Birch Run.
Questions to remain as to why he closed the used dealerships.
ABC12 News cameras were rolling last month as used cars were being inspected and then driven off one of five Suski Used car lots. Andy Suski says the cars have been moved to his Birch Run car dealership and are all for sale.
Suski told us on the phone that sales of the cars, trucks and SUV's at the used car lots were very good, and those brisk sales may have caused paperwork problems.
Fred Woodhams of the Michigan Secretary of State's office confirms there have been complaints from people who have purchased vehicles from the now-closed used lots.
"The department has received about a handful of complaints from consumers related to title work from some of the used car dealerships. We are working with the consumers," Woodhams said.
Suski says he is aware of the complaints and has been working with the customers as well. Some of the employees at the used lots are now working in Birch Run.
Meanwhile, Woodhams says the secretary of state investigation is an open one.
"The title is ownership, if you don't have title to a vehicle, in the eyes of the law, you probably don't own that vehicle, that is why it's a serious concern," he says.
Suski says an accounting firm is doing an audit of those five closed dealerships.
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What do you think?
Be the |
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Fri Jan 10, 2014 6:45 pm |
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untanglingwebs
El Supremo
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State says it's investigating Suski Used Car complaints, dealer voluntarily surrendered licenses
Ron Fonger | rfonger1@mlive.com By Ron Fonger | rfonger1@mlive.com
on January 14, 2014 at 6:00 AM, updated January 14, 2014 at 6:09 AM
GENESEE COUNTY, MI -- The Michigan Secretary of State is investigating customer complaints against Suski Used Cars, and a state spokesman says all companies related to the business have voluntarily surrendered their car dealer licenses.
"The dealership licenses were voluntarily surrendered by the license holder, Mr. Suski," said Fred Woodhams, a spokesman for the Secretary of State. "It was their decision ... Beyond that, I wouldn't be able to say very much."
The state says Suski is still licensed to sell new cars and no complaints have been filed against the Suski new car dealership in Birch Run.
Woodhams said the licenses were surrendered Dec. 30, at the close of a year in which four out of five of the Suski used car dealerships had consumer complaints lodged against them.
Andy Suski, president of Suski Chevrolet-Buick in Birch Run, closed the five used car lots in late December, saying that they weren't being operated up to his management standards.
Suski said Monday, Jan. 13, that the lots were being managed by five limited liability companies: Bentley's Best of Lapeer, LLC; Bentley's Best of Mt. Morris, LLC; Bentley's Best of Oakland, LLC; Bentley's Best, LLC; and Bentley's Best of Fenton, LLC.
Incorporation papers filed with the state Department of Licensing and Regulatory Affairs lists Cheyenne Usewick as resident agent for each of the Bentley's Best corporations, and Suski said Usewick was the comptroller of the companies and had continued to work with him until recently.
"We would like her services to help us with the cleanup," said Suski, who said the problems he discovered at the used car businesses included cases in which cars were sold but required paperwork and sales taxes were never forwarded to the Secretary of State.
MLive-The Flint Journal could not reach Usewick or David A. Salim, a Genesee County attorney who is listed in Bentley's Best's articles of organization, for comment.
Suski said he voluntarily surrendered his licenses to operate used car lots once he found out "there were some deals that weren't completed" with paperwork forwarded to the state.
"As soon as we saw a deal was not processed ... it wasn't something I took lightly," Suski said. "I had to correct the problem by shutting those used car lots down."
Suski said he's hired four companies that are analyzing business dealings on the used car lots and said Suski Chevrolet-Buick in Birch Run is working with affected customers.
Suski has said the used vehicle lots were closed "with the cooperation of Ally Financial," the former General Motors Acceptance Corporation, a major provider of financing to car buyers.
Ally bankrolled inventory at the Suski Used Cars lots in Flint, Fenton, Mt. Morris, Lapeer and Holly.
Ally has referred all questions on the matter to Suski.
Woodhams said Andy Suski was listed as the president of four of the five used car businesses and a Flint location on Dort Highway listed Philip Goldman as the vice president.
Woodhams said that in addition to customer complaints, Suski's used car lot in Flint was operating with an "Assurance of Discontinuance" agreement in place.
"The agreement started April 30, 2013, and would have run through April 29, 2015," Woodhams wrote in an email to The Journal. "That's essentially a formal warning from the department in which the dealer is notified of their violations, told not to commit them again and will be re-inspected at a future date."
The state took the action after receiving "a few complaints that dealt with titlework," the email said. "The violations included record keeping and the improper use of temporary registrations (paper plates) and dealer plates.
"Assurance of Discontinuance is something less than probation," Woodhams said.
Suski has said vehicles from the used car lots are being moved to his dealership in Birch Run where they will be retailed or wholesaled to other General Motors dealerships.
The Suski used car lots were leased and located at 205 S. Dort Highway, Flint; 16555 Silver Parkway, Fenton; 7401 Clio Road, Mt. Morris;1640 Lapeer Road, Lapeer; and 15133 North Holly Road, Holly. |
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Tue Jan 14, 2014 9:11 am |
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untanglingwebs
El Supremo
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This was posted on the business finder by m-live. Notice the date. Why did this story take so long to develop? Friendship? Advertising? Incompetence or lack of staff? Or just to many Blueberry stories?
Do not buy from any Suski Used...Average Rating
2
Do not buy from any Suski Used Car lot and if have a problem with them file with the State of Michigan a complaint. They are filed on. Our personal opinion below:
We went to the Fenton, Location and made a deal. They were to fix some things on vehicle and give print proof of their auto check they told us (said printer problem with password etc.) before we would accept delivery in 2 days,...
Posted by pepper7939 on July 11, 2013. Brought to you by yellowpages. |
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Tue Jan 14, 2014 9:27 am |
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untanglingwebs
El Supremo
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Filed today. I won't get the records until Monday, however I am led to understand that Usewick states Suski ruined the business.
OPEN CASE REGISTER OF ACTIONS 03/21/14 PAGE 1
14-102314-CZ JUDGE NEITHERCUT FILE 03/21/14
GENESEE COUNTY
P 001 BENTLEY'S BEST LLC,, VS D 001 SUSKI,ANDREW,D
ATY:WASHINGTON,VALD
P-27165 810-407-6868
Actions, Judgments, Case Notes
-------------------------------------------------------------------------------
Num Date Judge Chg/Pty Event Description/Comments
---- -------- ---------- ------- ---------------------------------------------
1 03/21/14 NEITHERCUT SUMMONS AND COMPLAINT FILED
RECEIPT# 00397600 AMT $235.00
............................... END OF SUMMARY .............................. |
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Fri Mar 21, 2014 8:14 pm |
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