ST. LOUIS — A bank is suing commercial business owners and members, citing alleged breach of contract.
Fifth Third Bank filed a complaint on May 8 in the U.S. District Court for the Eastern District of Missouri Eastern Division against Book-X-Change LLC, Richard J. Duree, Linda Duree and Beersauce Shop LLC alleging that they violated the Uniform Fraudulent Transfer Act.
According to the complaint, the plaintiff alleges that on March 15, 2013, the bank entered into a commercial service agreement, or the multi-card agreement, with the defendants. The plaintiff provided a credit card to be used for business or commercial purposes only as part of the agreement. Also under the agreement, the defendants will pay the account balance monthly in full. The plaintiff claims it has failed to receive monthly payments since Aug. 19 and has discovered that the credit card was used for unrelated business or commercial purchases.
The plaintiff holds the defendants responsible because they allegedly failed to make payments on the amount due, amounting to $415,944.988 plus accrued interest rate of 19.8 percent and purchases made that were not intended for the business.
The plaintiff requests a trial by jury and seeks payment of 416,955,98 plus accrued interest calculated at 19.8 percent per annum, attorneys’ fees, costs, and for such other and further relief as this Court deems just and proper. They are represented by Vitaly Libman of Hinshaw and Culbertson LLP in St. Louis and Matthew J. O’Hara of Hinshaw and Culbertson LLP in Chicago.
U.S. District Court for the Eastern District of Missouri Eastern Division Case number 4:17-cv-01463-SPM