Creditors of Taylor Bean & Whitaker (TBW) are seeking permission from a bankruptcy judge for authority to sue former company insiders, including president Lee Farkas, who founded the company and made it into a top 10 ranked lender.
According to a report on Dow Jones, the committee representing Taylor Bean’s unsecured creditors in the bankruptcy case wants to sue Farkas and other insiders for money the company loaned them that allegedly hasn’t been paid back.
The creditors committee said in court filings this week that TBW’s lawyers have “conflicts or other concerns that make it unable or unwilling” to pursue the suits, but the committee said the company is backing its efforts.
The committee is also planning to go after Bank of America for money the bank allegedly held back after selling securities backed by TBW mortgages. Pursuit of claims against the bank’s insiders could well represent the unsecured creditors’ best shot at seeing a significant recovery in the bankruptcy case.
Judge Jerry Funk of the Bankruptcy Court in Jacksonville, Fla., has scheduled a Feb. 19 hearing to consider the committee’s request.
TBW filed for bankruptcy protection last summer after trying to buy a controlling stake in its chief warehouse provider, Colonial Bank. Colonial failed shortly thereafter.
