Saying her husband, Kent Lindemuth, had interfered with attempts to sell properties to help resolve the Lindemuth bankruptcy case, Vikki Lindemuth supports a federal judges appointment of a trustee to direct his part of the couples bankruptcy.
Appointment of a Chapter 11 trustee to take control of Kent Lindemuths interests will stop Kent from disrupting the debtors business operations, Vikki Lindemuth said in a response to U.S. Bankruptcy Judge Robert Bergers preference to appoint the trustee.
Berger gave the parties 20 days to respond to the plan to appoint a trustee. He issued the decision May 25 rather than ordering liquidation to repay debts.
Berger also has issued an order granting Vikki Lindemuths motion to sever the couples joint bankruptcy case. The Lindemuths are in the middle of a divorce.
Kent Lindemuth hasnt responded to the judges plan to appoint a trustee for him. His wife, however, said appointing a trustee on his behalf will restore and preserve the confidence of the debtors creditors, vendors, lessees, potential lessees and others that the reorganized debtors will be able to meet their continuing obligations under their respective plans.
As part of the Lindemuths bankruptcy reorganization plan, James B. Lloyd, who has power of attorney, has managed the debtors businesses based on the bankruptcy reorganization plans.
But Kent Lindemuth has progressively undermined Lloyds authority by representing to the debtors vendors, lessees, potential lessees, and others that he is in control of the debtors businesses and properties, Vikki Lindemuth wrote in support of appointing a trustee.
Vikki Lindemuth contends six automotive and moving and storage businesses owned by Kent Lindemuth havent paid all the rent owed on the Lindemuth property they occupy ostensibly because they didnt have sufficient income. The rent shortfalls have caused the debtors to default on some real estate taxes, Vikki Lindemuth said.
However, income from two of the moving and storage businesses was more than enough to make their rent payments, Vikki Lindemuth said.
She also contended Kent Lindemuth has actively interfered with Lloyds attempts to market and sell some properties to reduce past taxes owed, debt and preserve the debtors remaining assets.
Kent Lindemuths pending federal criminal charges have been widely publicized, and have caused great consternation among the debtors creditors, vendors, lessees, potential lessees, and everyone else who is or may become involved with the debtors business operations, Vikki Lindemuth wrote.
Some current lessees are questioning whether to extend their leases, and the Lindemuths have lost opportunities to lease some property, Vikki Lindemuth said.
Berger scheduled June 22 as the date he would appoint a Chapter 11 supervisory trustee for Kent Lindemuth.
Kent Lindemuth is charged with 107 counts of bankruptcy fraud, six counts of money laundering, two counts of receipt of firearms, and one count each of perjury and receipt of ammunition.
Lindemuth, 65, is scheduled to face trial beginning Sept. 12 before U.S. District Judge Daniel Crabtree in Topeka.
Contact reporter Steve Fry at (785) 295-1206 or @TCJCourtsNCrime on Twitter.
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