Yip v. Connedx Corp. (In re Gomez)

560 B.R. 866, 26 Fla. L. Weekly Fed. B 101, 76 Collier Bankr. Cas. 2d 1161, 2016 Bankr. LEXIS 3955
CourtUnited States Bankruptcy Court, S.D. Florida.
DecidedNovember 10, 2016
DocketCase No. 13-22713-BKC-AJC; Adv. No. 14-1574-BKC-AJC-A
StatusPublished
Cited by2 cases

This text of 560 B.R. 866 (Yip v. Connedx Corp. (In re Gomez)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, S.D. Florida. primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Yip v. Connedx Corp. (In re Gomez), 560 B.R. 866, 26 Fla. L. Weekly Fed. B 101, 76 Collier Bankr. Cas. 2d 1161, 2016 Bankr. LEXIS 3955 (Fla. 2016).

Opinion

“MUCH ADO ABOUT NOTHING” (FINDINGS OF FACT AND CONCLUSIONS OF LAW)

A. Jay Cristol, Judge United States Bankruptcy Court

THIS CAUSE was tried before the Court on Thursday, September 29, 2016. This is a case that should never have been brought. For reasons unknown, a panel trustee, with a fine reputation of service for many years, lost her perspective. Like [868]*868Alice in Wonderland, she stepped though a looking glass into a world of fantasy, and saw an estate asset, 3 or 4 shares of corporate stock with a value of zero, nothing, nada, bupkas, as being worth $49,000 and proceeded to pursue the $49,000 against an innocent victim of the Debtor’s fraud.

The purpose of Chapter 7 bankruptcy in the United States is to provide relief to the honest debtor and equitable distribution of the honest debtor’s assets to the honest debtor’s creditors. We must start with identification of the players in this silly game. First, the honest debtor is nowhere to be found. The .Debtor, Ibes Gomez, is a convicted fraudster serving 15 years in prison for a series of. fraudulent acts (Defendants’ Trial Exhibit 24). Next, is Connedx Corporation (“Connedx”), the major vehicle of Gomez’s fraudulent operation with a net value of nothing (considering an overdrawn bank account with a negative balance).

The alleged asset of Connedx was a software program saleable to hospitals for millions of dollars — except for one minor flaw. The program did not exist. It was a figment of the imagination of the dishonest Debtor. Instead, this dishonest Debtor defrauded investors, using their money to pay for his own personal expenses.

The Trustee in Wonderland saw the corporate stock of Connedx as worth $19,000 a share when, in fact, its value was zero.

The victims of the dishonest Debtor’s fraudulent scheme, some unknown, .included an attorney, Joseph. Madalon, who should have known better but, for lack of due diligence, was taken for hundreds of thousands of dollars, and his sister, Defendant Lisa Madalon, who was defrauded of over $73,000.

What did Defendant Madalon get for her $73,000? Three or four shares of stock in Connedx worth zero. Defendant Madal-on stipulated in paragraph 9 of the Pretrial Stipulation (D.E. 82) that she received the stock certificates although the only evidence at trial suggests she did not receive any stock certificates. For purposes of this proceeding, it will be assumed that she has the certificates (which, incidentally, she offered to turn over to the trustee and which turnover the Trustee declined).

Now on to the evidence. There is no dispute that the Connedx checking account at Chase Bank was a one signature account, that signature being Debtor, Ibes Gomez. The evidence shows that Gomez directed Ms. Madalon to wire the $49,000 for the purchase of the [worthless] stock to the account. The email (Defendants’ Trial Exhibit 23) shows the account number for the Connedx checking account at Chase Bank and instructs Ms. Madalon to send payment to Gomez/Connedx.

The money was wired to the account and used by Gomez almost exclusively for his personal benefit, on such purchases as Dunkin Donuts, dog grooming (the corporation did not have a.dog!), vacations, and boat rentals at vacation sites. Thus, even if Ms. Madalon had received stock worth $49,000, which she most certainly did not, Debtor got the benefit of the $49,000 by using the Connedx account as his own personal piggy bank.

The Court, having- heard the testimony of witnesses and argument of counsel, and having examined the record, makes the following findings of fact and conclusions of law.

PROCEDURAL HISTORY OF CASE

This case was commenced on May 30, 2013 with the filing of a voluntary petition pursuant to Chapter 7 of the United States Bankruptcy Code by the Debtor, Ibes Gomes. Plaintiff Maria Yip, as Trustee for the estate of Ibes Gomez, filed the instant adversary action on August 5, 2014 (D.E. 1), pursuant to 11 U.S.C. §§ 541, 542, 548 [869]*869and 550 against Defendants Lisa M. Ma-dalon and Connedx.

The initial adversary Complaint alleged that the Debtor had made several transfers of funds into, a Chase bank account xx0970 (the “Chase Account”) totaling $7,800.00 (the “Series Payments”) (Complaint, ¶ 7). The Complaint further alleged that Lisa Madalon (“Ms. Madalon”) purchased a percentage of the Debtor’s stock interest in Connedx for $49,000.00 (the “Stock Payment”), but that she did not tender that Payment to the Debtor; rather, Ms. Madalon tendered the Stock Payment to the Chase Account, in the name of Connedx instead (Complaint, ¶ 8). The Complaint asserted the following causes of action: Fraudulent Transfer Against Con-nedx Corporation, Fraudulent Transfer Against Connedx Corporation and Lisa M. Madalon, Preferential Transfer Against Connedx Corporation regarding the Series Payments, and Preferential Transfer Against Connedx Corporation regarding the $49,000.00 Stock Payment.

Ms. Madalon and Connedx subsequently filed Answers and Affirmative Defenses to the Complaint (D.E. 14,15),

The Trustee subsequently amended the Complaint to add claims pursuant to 11 U.S.C. § 547 against Connedx (D.E. 65). Ms. Madalon and Connedx reasserted their affirmative defenses in their Answers and Affirmative Defenses to the Amended Complaint (D.E. 70 and 71).

All parties filed Motions for Summary Judgment (D.E. 49, 50 and 51), each of which were subsequently denied by the Court by Orders dated May 9, 2016 (D.E. 73, 74 and 75). This case was thereafter set for trial by Court Order dated June 25, 2016 (D.E. 83).

L FINDINGS OF FACT

1.Lisa. Madalon testified at the trial in this action and the Court found her to be a competent, credible and forthcoming witness.

2. Ms. Madalon was a victim of fraud perpetrated by the Debtor, who is a convicted felon.

3. The Debtor swindled many parties, including Joseph Madalon, Connedx and Lisa Madalon.

4. Debtor was convicted of several counts of grand theft in the first degree, organized fraud/scheme to. defraud ($50,-000 or more) and several counts for worthless checks. He is presently incarcerated and serving a fifteen (15) year sentence (Defendants’ Trial Exhibit 24).

5. The Debtor founded Connedx and used Connedx as an investment opportunity to fraudulently secure substantial investment funds from Joseph Madalon, Lisa Madalon and others.

6. The Debtor used the Chase Account in the name of Connedx as a personal bank account in which he often, almost exclusively, spent Connedx monies for his own personal gain. Until June 11, 2013, Debtor was the sole operator and manager of Con-nedx. '

7. The Debtor fraudulently induced Ms, Madalon into purchasing Connedx stock by representing to her there was a list of hospitals who were allegedly contracting with' Connedx, and he stated the “conservative” value of the estimated revenue from those purported contracts was $1.3 million in-the 1st quarter:

University of Miami — 5 years, approximately $281,000 per year
Mt, Sinai Miami — 3 years, approximately $281,000 per year

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Bluebook (online)
560 B.R. 866, 26 Fla. L. Weekly Fed. B 101, 76 Collier Bankr. Cas. 2d 1161, 2016 Bankr. LEXIS 3955, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yip-v-connedx-corp-in-re-gomez-flsb-2016.