Patten #3, LLC Moves To Abstain or Dismiss a Lawsuit Involving Commercial Property Lease
October 15, 2021, District of Kansas – Defendants, Patten #3, LLC, Bryan Patten (“Bryan”), and Rusty Southards (“Rusty”) move the Court to abstain from hearing in an adversary case initiated by Debtor and Plaintiff Philip Daniel Moore (“Moore”) for “turnover of property”, “wrongful eviction”, “conversion”, “tortious interference” and avoidance of interest under Sec. 547 of the Bankruptcy Code. The Defendants also request an order dismissing the case.
The Defendants allege that the Debtor does not own the claims asserted in the complaint. Instead, his wholly-owned company, Flinthills Collision Center, LLC (“Flinthills”), “owns such claims”, and Flinthills is a “non-debtor entity” and not a party to the litigation. Thus, the Defendants argued that the Debtor states no claim upon which relief can be granted.
Allegedly, the case arose out of a commercial real property lease that commenced in 2015.
According to the complaint, after a three-year initial period, the lease went month to month and was never renewed. As alleged by Defendant, the tenant, Flinthills, “fell behind on the rent” and “did not vacate” the premises. Patten #3, LLC, the owner of the leased premises, proceeded to evict the tenant and took possession of all of the real property and improvements thereon. The Defendants also contend that contrary to the Debtor’s assertions, Patten #3 “turned over” to the tenant all of its non-attached personal property that it had initially requested from the landlord.
In re Philip Daniel Moore, Case No.: 20-11530-13