NextGear Capital, Inc. v. Fitts
Adversary Proceeding
Lead BK case is: 2:24-bk-20240
Lead BK case is: 2:24-bk-20240
| Indiana Northern Bankruptcy Court | |
| Chapter 7 | |
| Judge: | James R Ahler |
| Case #: | 2:24-ap-02025 |
| Nature of Suit | 67 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: | May 20, 2024 |
| Last checked: never |
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Defendant
Scott Joseph Fitts
945 Lake Street
Crown Point, IN 46307 |
Represented By
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Plaintiff
NextGear Capital, Inc.
11799 North College Avenue
Carmel, IN 46032 |
Represented By
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U.S. Trustee
Nancy J. Gargula
100 East Wayne Street, 5th Floor
South Bend, IN 46601 |
| Docket last updated: 05/09/2025 1:06 PM EDT |
| Thursday, February 27, 2025 | ||
| 19 | 19
court
BNC Certificate of Mailing (Auto)
Fri 02/28 12:24 AM
BNC Certificate of Mailing . Notice Date 02/27/2025. (Admin.) |
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| Tuesday, February 25, 2025 | ||
| 18 | 18
court
Docket Entry (Hrg)(AP)
Tue 02/25 2:33 PM
Docket Entry: In light of the Order Granting Unopposed Motion for Enlargement of Time to Complete Fact Discovery (Docket No. 17), the Court now continues the telephonic pre-trial conference as to this Compliant from March 14, 2025 at 9:30 A.M. to June 11, 2025 at 11:00 A.M. SO ORDERED. Participants in the hearing should call (571) 353-2301 and use ID 018194371 shortly before the appointed time and wait quietly for the case to be called. If at all possible, participants should use a landline and not a cell phone. . (tdm) |
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| 17 | 17
order
Extend Time
Tue 02/25 11:55 AM
Order Granting Unopposed Motion for Enlargement of Time to Complete Fact Discovery . |
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| Wednesday, February 12, 2025 | ||
| 16 | 16
motion
Extend Time(BK)
Wed 02/12 5:17 PM
Unopposed Motion for Enlargement of Time to Complete Fact Discovery Filed by Plaintiff NextGear Capital, Inc. (Jurkiewicz, David) Modified on 2/13/2025 |
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Att: 1
Proposed Order
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| Thursday, September 05, 2024 | ||
| 15 | 15
court
Docket Entry (Hrg)(AP)
Thu 09/05 2:00 PM
Docket Entry: Hearing held August 30, 2024 . APPEARANCES: Attorney Jurkiewicz on behalf of Plaintiff and Attorney Freeland on behalf of Defendant. By agreement, the parties agree to set a discovery deadline and then reconvene to assess further trial dates. By agreement, all fact discovery shall be completed by March 3, 2025. Further, the parties shall appear telephonically for a PreTrial on March 14, 2025 at 9:30 a.m. SO ORDERED. (kdr) |
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| Wednesday, August 28, 2024 | ||
| 14 | 14
court
BNC Certificate of Mailing (Auto)
Thu 08/29 12:17 AM
BNC Certificate of Mailing . Notice Date 08/28/2024. (Admin.) |
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| Monday, August 26, 2024 | ||
| 13 | 13
order
Appear Telephonically
Mon 08/26 3:13 PM
Order Granting Defendant's Motion To Appear Telephonically |
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| Saturday, August 17, 2024 | ||
| 12 | 12
court
BNC Certificate of Mailing (Auto)
Sun 08/18 12:17 AM
BNC Certificate of Mailing . Notice Date 08/17/2024. (Admin.) |
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| 11 | 11
motion
Telephonic Hearing(AP)
Sat 08/17 11:55 AM
Motion and Request to Appear Telephonically Filed by Defendant Scott Joseph Fitts (Freeland, Daniel) Modified on 8/19/2024 |
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Att: 1
Proposed Order
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| Thursday, August 15, 2024 | ||
| 10 | 10
court
Docket Entry(AP)
Thu 08/15 4:41 PM
Docket Entry: Order for Telephonic hearing: the hearing in this matter scheduled for August 30, 2024 @ 9:30 a.m. will be held telephonically. Any party desiring to participate in the hearing should call (888) 684-8852 and use Access Code 7803515 shortly before the appointed time and wait quietly for the case to be called. If at all possible, participants should use a landline and not a cell phone. . (kdr) |
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| 9 | 9
order
Set Conference
Thu 08/15 2:56 PM
Order for Initial Pre-Trial Conference . Pre-Trial Conference set for 8/30/2024 at 09:30 AM at Hammond - 3rd Floor, Courtroom 8. |
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| Tuesday, August 13, 2024 | ||
| 8 | 8
answer
Answer to Complaint
Tue 08/13 11:30 AM
Answer to Complaint and Affirmative Defenses Filed by Defendant Scott Joseph Fitts (Freeland, Daniel) |
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| Thursday, June 27, 2024 | ||
| 7 | 7
notice
Notice of Enlargement of Time
Thu 06/27 2:02 PM
Notice of Enlargement of Time to file response to Complaint up to July 29, 2024 Filed by Defendant Scott Joseph Fitts (Freeland, Daniel) |
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| 6 | 6
notice
Notice of Appearance(AP)
Thu 06/27 1:51 PM
Notice of Appearance by Daniel L. Freeland Filed by Defendant Scott Joseph Fitts (Freeland, Daniel) |
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| Wednesday, June 26, 2024 | ||
| 5 | 5
cmp
Summons Service Executed
Wed 06/26 12:15 PM
Certificate of Service of Summons on Scott Joseph Fitts 5/22/2024 . (Jurkiewicz, David) |
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| Tuesday, May 21, 2024 | ||
| 4 | 4
court
Summons Issued
Tue 05/21 3:17 PM
Summons Issued on Scott Joseph Fitts Date Issued 5/21/2024, Answer Due 6/20/2024. (mkp) |
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| Monday, May 20, 2024 | ||
| 3 | 3
misc
Statement of Corp. Ownership
Mon 05/20 3:32 PM
Statement of Corporate Ownership filed. Corporate parents added to case: Cox Automotive, Inc., Manheim Investments, Inc.. Filed by Plaintiff NextGear Capital, Inc. (Jurkiewicz, David) |
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| 2 | 2
notice
Notice of Appearance(AP)
Mon 05/20 3:22 PM
Notice of Appearance by David J. Jurkiewicz Filed by Plaintiff NextGear Capital, Inc. (Jurkiewicz, David) |
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| 1 | 1
cmp
Complaint
Mon 05/20 3:12 PM
Adversary case 24-02025 (62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud),67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)) Complaint by NextGear Capital, Inc. against Scott Joseph Fitts. Fee Amount $350. (Jurkiewicz, David) |
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Att: 1
Exhibit A - Note
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Att: 2
Exhibit B - UCC
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Att: 3
Exhibit C - Guaranty
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Att: 4
Exhibit D - SOT Vehicles
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Att: 5
Exhibit E - 231 Auto Exchange OVE Purchase and Sale Dates
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Att: 6
Exhibit F - OVE BOS - 231
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Att: 7
Exhibit G - Dunn Deals OVE Purchase and Sale Dates
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Att: 8
Exhibit H - OVE BOS - Dunn Deals
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