Comments on: Defunct Metro Grill Restaurant Owners Lose Big Lawsuit

By: Phineas T. Bluster

Phineas T. Bluster — Sat, 18 Jul 2009 06:01:30 +0000

I know this cast of characters. I feel sorry in a way for Mark and Dirk. I feel fairly certain that their thinking was likely guided by their father, Jack, who seems to think he’s smarter than everyone else. The sad thing is that Mark and Dirk should know him better by now. A $400,000 lesson can provide a great education.

By: jim

jim — Sun, 25 Jan 2009 16:10:17 +0000

the two Kelcher twins and their father JACK have always been BAD people.. they’ve been criminals for years– INSURANCE FRAUD, THEFT.. what wouldn’t they do for a dollar???

By: gs1s

gs1s — Tue, 20 Jan 2009 22:16:03 +0000

Funny quote from a D article on Top Rail Ballroom, which these guys apparently owned at one point: “The Kelchers aren’t dumb.” I think they demonstrated otherwise.

By: Nancy Nichols

Nancy Nichols — Sun, 18 Jan 2009 21:59:42 +0000

thanks

By: N

Sun, 18 Jan 2009 21:47:06 +0000

You mean Jaden’s?

By: DTD

DTD — Sat, 17 Jan 2009 23:29:37 +0000

That is terrible news. I always liked the brothers and thought they would come back, Phoenix-like, just many owners of unsuccessful restaurant ventures before them.

By: Neal

Neal — Sat, 17 Jan 2009 22:30:20 +0000

Jon – I just read the whole opinion and I agree, these guys are in deep doodoo and may in fact be mopping up doodoo in a federal prison bathroom in the near future.

TLS – That’s why the judge made the Kelcher brothers, their corporation (i.e. the bankruptcy debtor) and their dad’s company “jointly and severally” liable for the $400K. That way, if the bankruptcy debtor doesn’t pay (and as you rightly point out, it probably can’t), the court can look to the two brothers and their dad’s company for full payment. The Kelchers haven’t filed *personal* bankruptcy as far as I know, so if they and/or their dad’s company don’t pay the $400K within 10 days, the bankruptcy trustee and Knox Street Promenade can go back into court and start the process for levying against their assets (e.g. bank accounts, stocks, non-exempt real property, vehicles, etc.) Their dad is lucky he wasn’t put on the hook personally for the contempt judgment. It looks to me like he was very much involved.

By: Jon

Jon — Sat, 17 Jan 2009 17:21:33 +0000

I would assume that the civil judgement in the bankruptcy court might be the first step in what could end with hindering a secured creditor charges in a District Court and those would not be civil charges.

By: TLS

TLS — Sat, 17 Jan 2009 15:40:04 +0000

That is fascinating reading. Question: How is it the Kelcher’s are presumed to be able to pay $400K in 10 days if they have filed for bankruptcy? If you have nothing, you have nothing (though it seems they do have something). I guess I’m just asking how this all works.