Kapitus Servicing, Inc. as agent for Kapitus LLC v. Doole

Adversary Proceeding
Lead BK case is: 1:21-bk-10861

Mississippi Northern Bankruptcy Court
Chapter 7
Judge:Jason D Woodard
Case #: 1:21-ap-01022
Nature of Suit67 Bankruptcy - Dischargeability - §523(a)(4), fraud as fiduciary, embezzlement, larceny
68 Bankruptcy - Dischargeability - §523(a)(6), willful and malicious injury
62 Bankruptcy - Dischargeability - §523(a)(2), false pretenses, false representation, actual fraud
Case Filed:Aug 03, 2021
Terminated:Jul 29, 2022
Last checked: never
Defendant
David Gene Doole
152 Moore Crossing South
Byhalia, MS 38611
Represented By
David Gene Doole
contact info
Plaintiff
Kapitus Servicing, Inc. as agent for Kapitus LLC
633 Chestnut St Suite 1900
Chattanooga, TN 37450
Represented By
Erno D. Lindner
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
contact info


Docket last updated: 05/09/2025 1:08 PM CDT
Friday, July 29, 2022
court Close Adversary Proceeding Fri 07/29 4:10 PM
Adversary Proceeding 21-1022 Closed . Entered on Docket by: (AOH)
Related: [-]
Saturday, July 09, 2022
32 32 court BNC Certificate of Service Sat 07/09 11:23 PM
BNC Certificate of Service No. of Notices: 2. Notice Date 07/09/2022. Related [+] (Admin.)
Related: [-] 31
Thursday, July 07, 2022
31 31 3 pgs order Order (Generic) Thu 07/07 4:35 PM
Order granting Nondischargeable Judgment in favor of Plaintiff Related [+]. Entered on Docket by: (AOH)
Related: [-] 1 Complaint filed by Plaintiff Kapitus Servicing, Inc. as agent for Kapitus LLC
Tuesday, July 05, 2022
utility Disposition of Adversary Tue 07/05 8:05 AM
1:21-ap-1022: : Disposition of Adversary. OE on application to compromise. Entered on Docket by: (AOH)
Related: [-]
Thursday, June 30, 2022
30 30 court BNC Certificate of Service Thu 06/30 11:28 PM
BNC Certificate of Service No. of Notices: 2. Notice Date 06/30/2022. Related [+] (Admin.)
Related: [-] 29
Tuesday, June 28, 2022
29 29 order Compromise Controversy Tue 06/28 4:00 PM
Order Granting Joint Motion For Approval of Settlement and Compromise Related [+]. Entered on Docket by: (TLJ)
Related: [-] 28
Monday, June 27, 2022
28 28 motion Compromise Controversy Mon 06/27 10:52 AM
Joint Application to Compromise Controversy Joint Motion for Approval of Settlement and Compromise Pursuant to Fed. R. Bankr. P. 9019 Filed by Erno D. Lindner on behalf of Kapitus Servicing, Inc. as agent for Kapitus LLC. (Lindner, Erno)
Related: [-]
Att: 1 Proposed Order A - Proposed Order Granting Joint Motion
Att: 2 Exhibit B - Proposed Order Granting Nondischargeable Judgment
Friday, June 24, 2022
27 27 court BNC Certificate of Service Fri 06/24 11:29 PM
BNC Certificate of Service No. of Notices: 2. Notice Date 06/24/2022. Related [+] (Admin.)
Related: [-] 24
26 26 court BNC Certificate of Service Fri 06/24 11:29 PM
BNC Certificate of Service No. of Notices: 2. Notice Date 06/24/2022. Related [+] (Admin.)
Related: [-] 25
Wednesday, June 22, 2022
25 25 court Notice of Hearing by Telephonic Conference Wed 06/22 11:13 AM
Notice of Pretrial Conference by Telephonic Conference Related [+]. Entered on Docket by: (AOH)
Related: [-] 1 Complaint filed by Plaintiff Kapitus Servicing, Inc. as agent for Kapitus LLC
24 24 order Scheduling Trial/PreTrial Wed 06/22 11:12 AM
Order Scheduling Pre-Trial Related [+]. Pre-Trial Conference set for 8/17/2022 at 10:30 AM at Oxford Federal Building. Entered on Docket by: (AOH)
Related: [-] 1 Complaint filed by Plaintiff Kapitus Servicing, Inc. as agent for Kapitus LLC
Friday, April 15, 2022
23 23 court BNC Certificate of Service Fri 04/15 11:25 PM
BNC Certificate of Service No. of Notices: 1. Notice Date 04/15/2022. Related [+] (Admin.)
Related: [-] 22
Wednesday, April 13, 2022
22 22 order Amend Wed 04/13 2:05 PM
Agreed Order Granting Joint Motion To Amend Scheduling Order Related [+] Entered on Docket by: (AOH)
Related: [-] 21
utility Update Discovery Deadlines Wed 04/13 2:07 PM
Per order22 Discovery Deadlines Updated . Motions to Amend Due 5/13/2022. Last Day to File Pre-Trial Motions 5/13/2022. Entered on Docket by: (AOH)
Related: [-]
Friday, April 08, 2022
21 21 motion Amend Fri 04/08 3:45 PM
Motion to Amend Second Joint Motion to Amend Scheduling Order Filed by Erno D. Lindner on behalf of Kapitus Servicing, Inc. as agent for Kapitus LLC Related [+]. (Lindner, Erno)
Related: [-] 11 Scheduling Order,18 Order on Motion to Amend
Att: 1 Proposed Order Proposed Agreed Order Amending Scheduling Order
Tuesday, March 08, 2022
20 20 notice Notice of Issue of Subpoena Tue 03/08 3:47 PM
Notice of Issue of Subpoena Kapitus Servicing, Inc.'s Notice Pursuant to Fed.R.Bankr.P. 9016 Filed by Erno D. Lindner on behalf of Kapitus Servicing, Inc. as agent for Kapitus LLC. (Lindner, Erno)
Related: [-]
Thursday, February 03, 2022
19 19 court BNC Certificate of Service Thu 02/03 11:29 PM
BNC Certificate of Service No. of Notices: 1. Notice Date 02/03/2022. Related [+] (Admin.)
Related: [-] 18
Tuesday, February 01, 2022
18 18 order Amend Tue 02/01 11:45 AM
Agreed Order Granting Joint Motion To Amend Scheduling Order Related [+] Entered on Docket by: (AOH)
Related: [-] 16
utility Update Discovery Deadlines Tue 02/01 11:47 AM
Per order18 Discovery Deadlines Updated . Discovery due by 3/30/2022. Motions to Amend Due 4/13/2022. Last Day to File Pre-Trial Motions 4/13/2022. Entered on Docket by: (AOH)
Related: [-]
Friday, January 28, 2022
17 17 notice Notice to Take Deposition Fri 01/28 2:09 PM
Notice to Take Deposition Plaintiff's Notice of Deposition of David Gene Doole Filed by Erno D. Lindner on behalf of Kapitus Servicing, Inc. as agent for Kapitus LLC. (Lindner, Erno)
Related: [-]
16 16 motion Amend Fri 01/28 2:06 PM
Motion to Amend Joint Motion to Amend Scheduling Order Filed by Erno D. Lindner on behalf of Kapitus Servicing, Inc. as agent for Kapitus LLC Related [+]. (Lindner, Erno)
Related: [-] 11 Scheduling Order
Att: 1 Proposed Order Proposed Agreed Order Amending Scheduling Order
Wednesday, December 29, 2021
15 15 notice Notice of Service of Discovery Wed 12/29 10:50 AM
Notice of Service of Discovery Filed by Robert Hudson Lomenick Jr. on behalf of David Gene Doole. (Lomenick, Robert)
Related: [-]
Tuesday, November 23, 2021
14 14 notice Notice to Take Deposition Tue 11/23 8:07 AM
Notice to Take Deposition of David Gene Doole Filed by Erno D. Lindner on behalf of Kapitus Servicing, Inc. as agent for Kapitus LLC. (Lindner, Erno)
Related: [-]
13 13 notice Notice of Service of Discovery Tue 11/23 8:05 AM
Notice of Service of Discovery Filed by Erno D. Lindner on behalf of Kapitus Servicing, Inc. as agent for Kapitus LLC. (Lindner, Erno)
Related: [-]
Sunday, October 10, 2021
12 12 court BNC Certificate of Service Sun 10/10 11:23 PM
BNC Certificate of Service No. of Notices: 2. Notice Date 10/10/2021. Related [+] (Admin.)
Related: [-] 11
Friday, October 08, 2021
11 11 order Scheduling Order Fri 10/08 10:01 AM
Scheduling Order With Pre-Trial Conference. . Discovery due by 2/28/2022. Motions to Amend Due 3/14/2022. Last Day to File Pre-Trial Motions 3/14/2022. Entered on Docket by: (AOH)
Related: [-]
Thursday, October 07, 2021
10 10 misc Stipulation Thu 10/07 3:57 PM
Stipulation Filed by Erno D. Lindner on behalf of Kapitus Servicing, Inc. as agent for Kapitus LLC Related [+]. (Lindner, Erno)
Related: [-] 9 Order on Discovery
Tuesday, October 05, 2021
9 9 order Discovery Tue 10/05 8:06 AM
Order on Discovery . Stipulations Due by 10/19/2021 Entered on Docket by: (AOH)
Related: [-]
Monday, October 04, 2021
8 8 answer Answer to Complaint Mon 10/04 4:05 PM
Answer to Complaint Filed by Robert Hudson Lomenick Jr. on behalf of David Gene Doole. (Lomenick, Robert)
Related: [-]
Thursday, September 09, 2021
7 7 court BNC Certificate of Service Thu 09/09 11:31 PM
BNC Certificate of Service No. of Notices: 2. Notice Date 09/09/2021. Related [+] (Admin.)
Related: [-] 6
Tuesday, September 07, 2021
6 6 order Extend/Shorten Time Tue 09/07 11:03 AM
Agreed Order to Extend Time to file an answer to the Complaint. New ddl: 10/4/2021. Entered on Docket by: (AOH)
Related: [-]
utility Update Answer Deadline Tue 09/07 11:04 AM
Per order6 David Gene Doole Answer Deadline Reset for 10/4/2021 . Entered on Docket by: (AOH)
Related: [-]
Wednesday, August 04, 2021
5 5 cmp Summons Service Executed Wed 08/04 1:39 PM
Summons Service Executed on David Gene Doole 8/4/2021 .. (Lindner, Erno)
Related: [-]
4 4 court Summons Issued Wed 08/04 9:58 AM
Summons Issued on David Gene Doole Answer Due 9/3/2021 . Entered on Docket by: (AOH)
Related: [-]
Tuesday, August 03, 2021
3 3 misc Corporate Ownership Statement Tue 08/03 10:28 AM
Corporate Ownership Statement Rule 7007.1 Corporate Disclosure Statement Filed by Erno D. Lindner on behalf of Kapitus Servicing, Inc. as agent for Kapitus LLC. (Lindner, Erno)
Related: [-]
2 2 misc Document Tue 08/03 10:25 AM
Document Summons in an Adversary Proceeding Filed by Erno D. Lindner on behalf of Kapitus Servicing, Inc. as agent for Kapitus LLC. (Lindner, Erno)
Related: [-]
1 1 cmp Complaint Tue 08/03 10:21 AM
Adversary case 21-01022 (62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)), (67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)), (68 (Dischargeability - 523(a)(6), willful and malicious injury)) : Complaint to Determine Nondischargeability of Debt Owed to Kapitus Servicing, Inc. Complaint by Kapitus Servicing, Inc. as agent for Kapitus LLC against David Gene Doole.. (Lindner, Erno)
Related: [-]
Att: 1 Exhibit A through B