By Mark Waite
Utilities Inc. attorney Laura Granier accused Willow Creek golf course owner Jim Scott of playing a shell game with his various companies during litigation over the maintenance of the ponds.
A Chapter 7 bankruptcy filing by Scott in the Eastern District of California on Jan. 30 seems to bear that accusation out. Court records reveal a tangled web of different limited liability corporations and enough lawsuits and unpaid judgments to keep a fat Las Vegas law firm busy for years.
Scott lists $2.15 million in assets, in both real and personal property in this bankruptcy, and $35.15 million in liabilities — $6.83 million in secured claims and $28.3 million in unsecured, non-priority claims.
The California bankruptcy petition includes a long list of companies in which Scott has an interest. They include:
* A 100 percent ownership of Gulf Union Inc., a company that submitted a stalking horse bid on Willow Creek Golf Course in 2010;
* A 49.52 percent ownership in Caldera Corporation, which has a 100 percent ownership in Sunray Petroleum Inc.
* Full 100 percent ownership in Money Max Corp., in All Capital Funding LLC, in Seventh Company Inc., in Great Anticipation LLC and in Sunset Parkson Plaza LLC;
* An 80 percent interest in Trimco LLC and an 80 percent ownership in Western Pozzolan Inc.;
* An 86 percent interest in SCRS Investors LLC and a 91.57 percent interest in SCRS Technology No. 1 LLC; SCRS Investors LLC is listed as the holder of a promissory note in the Willow Creek bankruptcy;
* An 86.63 percent interest in Earthco Investors LLC, an 85 percent interest in Charleston Main Casino LLC and an 85 percent interest in Herko Investments LLC;
* A 31.25 percent interest in Pahrump 15.66 LLC for the foreclosed Ishani Ridge subdivision; along with a 75.08 percent interest in Pahrump 37 LLC and an 86.63 percent share in Pahrump 88 LLC through Earthco Investors LLC. Vision Acquisitions LLC is listed in the Nevada Secretary of State’s records as the managing member of Pahrump 88; Vision Acquisitions lists as a managing member Pahrump developer Brock Metzka;
* A 28.33 percent interest in Pahrump 161 LLC;
* Caldera Corporation has a 100 percent interest in Caldera P & G, current owner of Willow Creek Golf Course;
* A 30 percent interest in FB-29 LLC; a 50 percent interest in Hotel Holding Company and a 19 percent interest in Butte Stonegarden Company;
* A 100 percent interest in Pacific Coast Living LLC, a project in San Diego, a 100 percent interest in Stone Gate Winery Co. and a 100 percent interest in Vegas Landmark LLC.
If Scott’s holdings are confusing, the number of lawsuits against a number of his business interests is equally baffling.
Secured claims in the California bankruptcy include a $1.1 million judgment lien by Second District Court in Washoe County; a $316,715 first deed of trust for his residence in Sacramento, Calif.; a $149,876 first deed of trust for his property in Maui; a $559.742 first deed of trust by Chase Bank and a $1.9 million second deed of trust from Nevada Buttes in Yuba City, Calif. for more property in Sacramento; a $1.9 million judgment lien from Clark County; and a $900,000 first deed of trust from Union Home Loan for two more parcels in Sacramento.
Floyd’s Construction has an $18,750 unsecured claim in the California bankruptcy. Lakeside Mortgage of Reno has a $12.5 million personal guaranty and Lexon Insurance Company of Mt. Juliet, Tenn. have a $3 million personal guaranty for Pahrump 88 LLC, developers of the defunct Ishani Ridge project.
Attorney Matthew Callister, who sued Utilities Inc. of Central Nevada over Willow Creek golf course, has a $200,000 claim. Value Recovery Group LP of Columbus, Ohio has a $3.7 million unsecured claim from a breach of contract/guaranty case won by Community Bank of Nevada in Clark County. Interest Income Partners has a $2.7 million personal guaranty for Western Pozzolan Corporation.
Beyond the claims of private entities, Scott lists a number of government agencies holding unsecured priority claims, including the Internal Revenue Service, Franchise Tax Board of California, Employment Department and California State Board of Equalization.
The judgment lien by Utilities Inc. of Central Nevada has been in the Pahrump press over lawsuits filed against Willow Creek Holdings LLC and Ashland Capital LLC. But Scott has a long list of litigation in his unsecured non-priority claims. It includes a $1.69 million claim by 580 Parkson Road LLC in a breach of guaranty judgment in the Second District Court in Washoe County.
Gallipeau Associates Inc. won a judgment against Scott over breach of contract filed in Clark County and has a pending case for fraudulent transfers in the Superior Court of California, Sacramento County.
Jeffrey Evans sued Hotel Holding Company for breach of contract in Clark County.
A case was stayed, filed by Lexon Insurance Company against Pahrump 88 in Clark County, for breach of contract.
David Flynn sued Scott’s company Sunray Petroleum Inc. in Clark County over a loan.
A case filed by Stone Garden Vineyards in the San Joaquin County Superior Court of California against the Regional Economic Development and Group Inc. et al, for breach of contract was dismissed without prejudice.
Piper Investments LLP received a judgment against Western Pozzolan Corporation in Clark County for breach of contract.
Steve Yanke received a judgment against Pahrump 37.65 LLC in Clark County District Court for breach of contract and has a pending case in Superior Court of California, Kern County.
Nevada Buttes won a judgment against Herko Investments in Second District Court in Washoe County for breach of guaranty.