Posts Tagged ‘He Who Shall Not Be Named’


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Next Exit…

Rumor has persisted for many a month now that Mr. K. was knee-deep in bankruptcy proceedings, but no official confirmation was discovered (on PACER) until now.  In response to the threat of a summary judgment against Mr. K. in the State of Ohio v Unmistakably Premier Homes/Stephen Kovack case, lawyers for Mr K filed a last second “Suggestion of Bankruptcy” with the court:

Defendant Stephen M. Kovack, by and through the undersigned, hereby serves notice that he has filed a Chapter 7 Voluntary Bankruptcy Petition on December 20, 2012 in the U.S. Bankruptcy Court, Southern District of Florida.  The case is styled as U.S. Bankruptcy Court, Southern District of Florida, Case #12-40209-AJC.

The proceedings herein and any and all acts, including, but not limited to judicial and administrative proceedings, are automatically stayed pursuant to 11 U.S.C. Section 362 of the Bankruptcy Code.

In the big euchre game of life, it appears the Bankruptcy Code trumps all other civil laws.  Medina County Common Pleas judge, James L. Kimbler, issued  an automatic stay until further notice.

Now that we have an actual case number, we’ll bring you more information as we sift through it, so stay tuned!


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Houston, Apollo 10 Does Not Have a Problem… But UPH (Mr K) Does

If you do a Wikipedia search on the day May 22nd, among the important events you will find:

What you won’t find, however is:

  • PLT’S MOTION FOR DEFAULT JUDGMENT IS SET FOR HRG ON 5/22/2013 AT 10:30 A.M. BEFORE JUDGE KIMBLER IN COURTROOM 2

For that, you’ll have to mosey on over to the Medina County Clerk of Courts website, and do a search on Case Number 12CIV1691, State of Ohio v Unmistakably Premier Homes, Inc, et al.

It looks from court documents, the Ohio Attorney General is looking to close the book on this case via a default judgement.  What that means is a ruling in the state’s favor without a full blown trial.  Seeing as the defendant, UPH and Mr K, have not formally replied to the accusations asserted by the Ohio AG, a default judgement may actually occur.

Comment below if you plan to attend the proceedings!


lebron4Looks like Mr. K has decided to take his talents to South Beach.  Court documents filed on January 4th indicate that the Ohio Assistant Attorney General’s office (Cleveland Office) sent a summons to Mr K at a Miami Beach address.   A quick Google Map search shows the address to be a posh condo located on the shores of Biscayne Bay, just spitting distance from the arena where King James plays.  We wonder how many caved-in stoops, unfinished homes, leaky windows, nail pops and squeaky floors the residents have to deal with…


Yeah – Something Like That…

Quick State of Ohio v UPH update:  UPH and Mr K have been served as of November 27th.  As per Rule of the Ohio Rules of Civil Procedure, Mr K has 28 days to submit an answer to the Attorney General’s office, and an additional three days after that to file that answer with the Medina County Court.

Start the clock!


Earlier, we mentioned reports of the Ohio Attorney General’s Office filing a multi-count complaint suit against Unmistakably Premier Homes, and it’s owner, Stephen M. Kovack.  After doing our happy-dance, we decided to take a closer look into the suit so we can see exactly where Ohio AG, Mike DeWine is going with this.  Here’s what we can gather…

The AG goes to great lengths in documenting exactly why they are bringing this action against UPH.  Nearly a third of the document outlines all the issues we as UPH home owners (or potential owners) have faced.  It almost reads like this blog!  But in reality, the examples match up with all the complaints that have been posted on the AG’s website.

There are five counts in the complaint.  Each of these counts are separate violations of the Failure to Deliver Rule of Ohio Admin Code 109:4 and/or Consumer Sales Practice Act, ORC 1345.

  • Count 1 – Failure to Deliver:  Essentially, this count asserts that UPH has accepted “substantial down payments” and then “failed to deliver the good/services purchased.”
  • Count 2 – Failure to Perform in a Workmanlike Manner and Failure to Correct Such Work:  This one’s self explanatory.  This is in violation of ORC 1345.02(A).
  • Count 3 – Performing Contract Work in an Incompetent, Unsatisfactory and Unworkmanlike Manner:  Similar to Count 2, this is also in violation of ORC 1345.02(A).
  • Count 4 – Failure to Honor Express Warranties: UPH gave warranties, just never honored them.
  • Count 5 – Stalling and Evading Obligations, Including Failure to Promptly Deliver Services for which Consumers Contracted:  This is the one that affects us at Mistakably Premier the most – basically, giving excuses and delaying work.

All these accusations, according to the complaint, have been previously been found by Ohio courts to be in violation of ORC 1345, so UPH should have known doing so would, in effect, bring them legal trouble.

So, if the State proves their case in front of the court, what are they seeking in terms of relief?  Again, citing the complaint:

  • Keeping Mr. K, UPH, and any of it’s agents from “engaging in consumer transactions within the State of Ohio until full restitution is made to all consumers…”
  • “Issue a declaratory judgement” declaring UPH violated ORC 1345 as stated previously
  • Impose a fine of $25,ooo for each violation of the Consumer Sales Practice Act
  • Reimburse consumers who have been injured by UPH’s alleged practice
  • Order UPH to retain the last five years of all business records and make them available for the Attorney General’s Office to review them within 24 hours of the request (as an added jab, the cost to copy and deliver would rest solely on UPH)
  • Reimburse the State for any costs in bringing this action
  • “Grant such further relief as justice and equity require”

Make sure you peruse the entire document on the AG’s Website, or by clicking HERE.


Well lookie here… Hat tip to reader Michael who posted a story from Cleveland.com onto the Mistakably Premier Facebook wall…

Ohio Attorney General Mike DeWine on Tuesday sued a Wadsworth builder, Unmistakably Premier Homes, and its owner, Stephen M. Kovack for failure to complete homes as agreed.

We’re not sure what this means for those that had money taken, but we know it’s worse for Mr. K.  That said, anyone know what happens if Mike DeWine wins?  Does the fines go to the customers that were slighted?

More of this story to follow!

UPDATE:  This one’s from the Jackson County Daily –

The lawsuit charges violations of the state’s Consumer Sales Practices Act, including failure to deliver, failing to perform in a workmanlike manner and failing to correct such work, and stalling and evading obligations, including failing to promptly deliver services for which consumers contracted.

UPDATE: Here’s a link to the press release from the Ohio Attorney General’s office, including the complaint filed (in PDF).


Bang! Next Case…

Looks like Mr. K will have to find some other legal loophole to hide in.  As of August 27th, his attempt to file Chapter 11 bankruptcy for his 7972 Ridge Road LLC has been dismissed.  So, as the Notice of Dismissal states:

Creditors have a right to proceed against the debtor or the debtor(s) property according to applicable law.

Meaning, PNC can either sue the pants off Mr K to get their money, or take the property away out right.  What will the next card to fall be?


Perhaps Mr. K should employ Keyrock, the Caveman Attorney…

We’re no legal scholars here at Mistakably Premier.  Legal concepts of motions, notices, and certificate of service frighten and confuse us.  But what we do know, is that things aren’t going so well in the Chapter 11 bankruptcy case of 7972 Ridge Road LLC.  According to court documents, Daniel M. McDermott, the United States Trustee for Region 9, has filed a motion to “convert or dismiss” the case.  Not knowing exactly what that means, we did some research on the matter.  Here’s what we found…

According to the website www.cacb.uscourts.gov, the court can request the case be converted or dismissed “if a debtor is not complying with bankruptcy requirements.”

So why has Daniel M. McDermott asked for a conversion or dismissal?  Apparently it has to do with a July 19th evidentiary hearing where “The Court entered orders from the bench denying the Debtor’s use of cash collateral, denying its motion for turnover, and granting PNC relief from the automatic stay.”  In other words:

PNC – 3, Mr. K – 0

The motion further lists a number of factors, including:

  • Absence of a Reasonable Likelihood of Rehabilitation

It is believed by the court that “without any assets in its control, the Debtor lacks a reasonable likelihood of rehabilitation.”  Ouch!

  • Dismissal in Creditors’ (in this case, PNC) Best Interest

“Because the Debtor lacks unencumbered assets,” asserts the motion, “dismissal is in the best interest of creditors.”  Double Ouch!

Dismissal has Serious Consequences

So, now what?  The motion is set for a hearing on August 14th, so we’ll see which way the court rules.  If we were betting folk, we’d place money against 7972 Ridge Road.  If the case breaks that way, what can Mr. K expect?  The www.cacb.uscourts.gov site further states:

If a bankruptcy case is dismissed at the request of a trustee or creditor, or by the court on its own motion, the debtor may be prohibited from filing another bankruptcy case for 180 days [Bankruptcy Code Section 109(g)] or be required to file a motion to obtain permission to file another bankruptcy case (Bankruptcy Code Section 349).

In other words, Mr. K will find it hard to hide behind bankruptcy law…


Just a bit more info regarding the Bankruptcy Filing by 7972 Ridge Road LLC as posted yesterday.  Mistakably Premier Homes has obtained a copy of the filing as signed by Mr. K himself (check out the pics below).

Also, it looks like the initial hearing is scheduled for July 10th at 10:30 AM at 260 Federal Building in Akron.  We’re assuming it’s open to the public, so if you’re planning on attending, let us know!  We’d love for someone to provide us with the straight dope (and perhaps one of those really bad artist’s courtroom renderings!).


Even Jackie Chan is dumbfounded...

Reader rglad left a comment in another posting regarding his current situation with UPH.  Looks like Mr K is staying on-point with his financing issue message.  We wish rglad the best.  But as a postscript, rglad mentioned the following:

Also from the meeting we found that Steve didn’t even know his buildings were in foreclosure. He found out from one of his clients and was shocked. This is a little scary knowing that the owner of the company didn’t even know there was an issue.

Wait a minute… Whaaaat?  Mr K was unaware of his properties foreclosures?  Is he not reading his mail or something?

Look, we at Mistakably Premier found Mr K to be a nice guy.  And we don’t really harbor any ill will to him or his company(s).  But come on, Man!  Let’s be honest… What kind of statement is made when a President and CEO has no knowledge of what’s legally transpiring at his company?