Including information about his associates
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In re: WILLIS and ELISABETH CARTO Debtors LEGION FOR THE SURVIVAL OF FREEDOM, INC., a Texas Corporation, Plaintiff, v. WILLIS CARTO and ELISABETH CARTO Defendants. |
BANKRUPTCY CASE NO.: 98-08050 H7 ADV. PROCEEDING NO: 98-90374-H7 Chapter 7 AMENDED JUDGMENT DATE: 1-27-00 TIME: 10:00 a.m. CTRM: 3 JUDGE: Hon. John J. Hargrove |
LEGION FOR THE SURVIVAL OF FREEDOM, INC’s. (hereinafter Plaintiff LSF
) motion for Court Judgment by Default against WILLIS CARTO and ELISABETH CARTO (hereinafter Defendants CARTO
) came before this court on the above date and time, the Honorable John J. Hargrove presiding. Plaintiff LSF appeared through its counsel, Bryan D. Sampson. Defendants CARTO, having had their defaults entered as issue sanctions for refusing to comply with court ordered discovery, did not appear. Upon reviewing the pleadings filed by the parties, hearing oral argument, and good cause appearing therefore;
IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
1. The court hereby confirms Defendants CARTO are liable to Plaintiff LSF for conversion under a state court judgment entitled, San Diego Superior Court Case No. N64584;
2. The Court hereby further determines that Defendants CARTO are liable to Plaintiff LSF for embezzlement;
3. Judgment in favor of Plaintiff LSF and against Defendants CARTO shall be non-dischargeable in Defendants Carto’s bankruptcy case pursuant to 11 USC Section 523(a)(4);
4. Judgment in favor of Plaintiff LSF and against Defendants CARTO shall be non-dischargeable in Defendants Carto’s bankruptcy case pursuant to 11 USC Section 523(a)(6); and
5. Plaintiff LSF shall have judgment against Defendants WILLIS CARTO and ELISABETH CARTO, jointly and severally, in the principal sum of $6,430,000, plus interest at the rate of ten percent (10%) per annum from January 1, 1991, to present of $5,841,610.95, for a total judgment of $12,271,610.95.
IT IS SO ORDERED:
Dated: FEB 08 2000
[signed] Judge John Hargrove, United States Bankruptcy Court
NOTICE: Signature by the attorney constitutes a certification under Federal rule of Bankruptcy Procedure 9011 that the relief provided by the Order is the relief granted by the court.
Submitted by: [signed] Bryan D. Sampson, Esq.
In re: Carto
LSF v. CARTO
Case No.: ND 98-08050 H7
ADV. PROCEEDING NO: 98-90374-H7
Judgment
(a) A discharge under section 727, 1141, 1228 (a), 1228 (b), or 1328 (b) of this title does not discharge an individual debtor from any debt --
[…]
(4) for fraud or defalcation while acting in a fiduciary capacity, embezzlement, or larceny;
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(6) for willful and malicious injury by the debtor to another entity or to the property of another entity;…
Actually, the amount is $13,673,433.85 as of 2/14/2000: the interest calculation by attorney Sampson is slightly low.