Item Id: Caito01
Case Name: Caito, Matthew
Case Number: 15 01605
Starting Minimum Bid: $27,995
Description: Estate’s interest in a U.S. Federal District Court – District of Colorado Judgment dated January 6, 2016 awarded to Caito Foods Service against Lanes Consulting Firm LLC D/B/A Rocco’s Produce and Jacob Howes (individually and in his corporate capacity). The judgment is in the principal amount of $97,897.75. Further, the Court found that because Plaintiff asserted causes of action for dissipation / misappropriation of trust assets and breach of fiduciary duty under the Perishable Agricultural Commodities Act (“PACA”), 7 U.S.C. §499 et seq., wherein Plaintiff is a qualified and perfected PACA trust beneficiary.
This Judgment is non-dischargeable in any of the Defendant’s subsequent bankruptcy proceedings pursuant to 11 U.S.C. §523(a).
Further, the Court found that Plaintiff has made a successful claim for contractual pre-judgment interest, and therefore interest at the stated invoice rate of 1½% per month, calculated at $16,863.91 that shall be added to this Judgment.
Further, the Court awarded Plaintiff post-judgment interest at the parties’ contractual rate of 1 1/2% per month from the entry date of this Judgment until paid in full. On May 2, 2016 the Court further awarded Plaintiff’s legal fees and costs of $22,495.78.
On May 17, 2016, the U.S. Bankruptcy Court – District of Colorado (Case No 15-20066-EEB & Adv. #15-01469-EEB) entered a non-dischargeable judgment against the Debtor, Jacob Quinn Howes, in favor of the Plaintiff, Caito Foods Service, Inc. for the amount of $132,907.30.
As of Friday, July 30, 2021 the entire amount due under this judgment including all past payments made by Jacob Howes ($24,936) and accrued interest and legal fee is $347,672.65 (see link below under balance to be collected).
The Plaintiff (owner of the judgment) has provided information regarding real property owned by Howes located in Denver CO, tax schedule: 02282-09-014-000, showing the last know address of the Defendant to be at 3649 Tejon Street, Denver, CO.
Court Doc 2016012306
Balance to be Collected:
2021-07-30 Amount Due
Liens: We are not aware of any liens