Sonny Pilcher’s Creditors Want Court To Toss His Bankruptcy Petition
Casper businessman Sonny Pilcher failed to list hundreds of thousands, if not millions, of dollars worth of business interests, financial transactions and assets when he filed for bankruptcy protection, according to three federal lawsuits filed recently.
Because of these omissions or misinformation, two of the lawsuits want the court to dismiss Pilcher's bankruptcy petition, which would allow creditors to try to recover in court what he owes them.
"I have filed an adversary proceeding seeking on behalf of my client, Monty Elliott, that Sonny Pilcher not receive any discharge of the debts that he has listed in his petition," attorney Stephen Winship said.
"Alternatively, I've requested that if there is going to be a discharge, that certain of the debts not be included in the discharge or carved out of the discharge, and this is because of allegations of primarily fraud and wilful and malicious injury as against my client Monty Elliott," Winship said.
The operative word here is "discharge." If a bankruptcy court grants the bankruptcy petition, Pilcher's debts are wiped away, or discharged, and he is protected from creditors wanting to recover them either in whole or in part.
If the court denies the discharge, that means creditors can then try to recover the debts in court and the debtor has no protection from them.
Pilcher's initial filing, and a subsequent amended filing a week after he was released from federal prison after serving one year for tax fraud, lists a total of $5.9 million he owes creditors.
But he didn't list other debts, hidden assets and financial transactions in the two years before his initial July 15, 2015, filing, according to the lawsuits filed by the attorneys for contractor Monty Elliott and CY Development.
Those omissions include:
- The April 2014 transfer of CC Cowboys, known as Racks Gentlemen's Club, to his sister Arta Blake and his nephew John Blake without Pilcher apparently receiving anything in return.
- Valuable residential real estate under the name of Crossroads View, Inc., in the Eastgate subdivision.
- At least six vehicles, plus the transfer of a pickup a year before his filing.
- A transfer of title to his real property on Country Club Road.
- His transfer of more than $350,000 to a law firm.
- The transfer of a property on Luker Drive.
- Transfers and/or payments to numerous individuals and businesses including the Beacon Club.
- Failure to accurately list his previous addresses.
- Other creditors.
- Owing the U.S. Internal Revenue Service $190,000.
Winship, also claims Pilcher concealed or failed to keep records of business deals making it difficult to determine his financial condition or transactions.
Pilcher owes Elliott nearly $40,000 for concrete work. He owes CY Development more that $1 million for loans for construction projects. Linda Crabb and Terry Crabb of CY Development added that Pilcher told them he received a $10 million inheritance from his late parents, according to the lawsuits.
Another creditor, Lane Durnell Installations, filed another lawsuit claiming Pilcher failed to list nearly $450,000.
Pilcher, who was served with these legal papers at a P.O. Box and an address on Wyoming Highway 220, has 30 days to respond from March 18 or else the bankruptcy court judge could grant a default judgment against the creditors.
Pilcher does not have a listed phone number and could not be reached for comment.