Rio Grande Coal Mine, LLC v Kelly Rogers, Carrie Rogers Re-opened

Rio Grande Coal Mine Lawsuit reopened against 
Kelly G Rogers and  Carrie S Rogers

According to the Collin County website, the case 219-02195-2008 has been reopened. Rio Grande Coal Mine, LLC, Kent Loehrke, Raul Sanchez, Peggy Wade, Eric Wade, Tom Haas, Christian Litscher vs. Kelly G Rogers, Carrie S Rogers.

The original lawsuit was filed on July 28th, 2008 and the plaintiff's filed a First Amend Status Report & Req Special Jury Trial Setting. However, in the middle of all this, Rogers filed bankruptcy on July 27th, 2010 and the entire process was placed on hold with an automatic stay. The bankruptcy judge approved the Kelly G Rogers Chapter 11 reorganization on May 24th, 2010 but Rogers failed to meet the terms of his agreement and the status of the bankruptcy was changed to Chapter 7. Carrie Rogers was not included in the bankruptcy filing.

On September 7th, 2010, the Bank of Texas foreclosed on the Rogers home at 8 Riva Ridge, Frisco, TX and kicked the Rogers out of the home. They now rent a home located right by Rogers old partner, Richard Weyand, in the same Frisco neighborhood as the old home.

After all this turmoil, the Collin County website would indicate these cases have been given the green light to move forward.

Citi Bank sues Carrie Rogers

CITI BANK SUES CARRIE ROGERS

Carrie S. Rogers, wife of indicted Kelly G Rogers, has been sued--again. The Rogers are residents of Frisco Texas. Evicted from their home due to Chapter 7 bankruptcy, they now live kiddie corner from their old partner, Richard Weyand.

The lawsuit; Citibank ( South Dakota) NA Vs. Carrie S Rogers, case 199-04132-2010, filed on 10/05/2010. Case involves Consumer and Commercial Debt. Defending Carrie Rogers is Michael A Moss is at the Office of The General Counsel, 1301 Young Street, Suite A702, Dallas, TX 75202 214-767-6943.

On December 10th, 2010 the order granting a new Trial REOPEN - OCA was posted to the case history. We don't have a copy of the specific lawsuit but will provide details when we get a copy.

Rogers handling Bankruptcy clients?

According to this recent document, Kelly G Rogers is now handling bankruptcy filings for individual clients. In a Chapter 7 filing (case number 09-43972) Kelly Rogers submitted a document to keep Marco Frattarelli's case from being dismissed due to a failure to file the required declarations.

According to the document; On January 22nd the court entered its order to dismiss the case for reasons of not following the rules. On January 29th, 2010, the counsel of record files a motion to ask the court to reconsider the order to dismiss the case because the debtor’s council experienced an "Administrative procedural oversight". The possible reasons for this oversight?

First, Kelly G Rogers is in a Bankruptcy battle of his own. To review; Rogers has filed Chapter 11, hoping to reorganize $4.6 Million owed to over 70 creditors vs. having his estate liquidated and paying the money owed. Proceedings should conclude this month. Second, Rogers has been indicted for misappropriation of over $435,000 from Lionheart Energy. His trial date has been set for July 19th, 2010. Third, according to his own bankruptcy filing, Rogers is embroiled in some SIX lawsuits including; DK Joint Venture vs. Richard Weyand, TIFD III-X vs. Richard Weyand, The Stephen and Robin Perry Family Trust vs. Kelly Rogers, Rio Grande Mining LLC vs. Kelly G Rogers, Plains Capital Bank vs. Kelly Rogers and Series C LP vs. Kelly Rogers. Fourth, Rogers is trying to sell  his 8 Riva Ridge, Frisco, Texas home. It was this remodeling job that seemed to trigger a variety of issues that could explain this oversight.  

Kelly & Carrie Rogers Lower Sale Price of Home

Kelly G Rogers and Carrie S Rogers have lowed the selling price of their home at 8 Riva Ridge in Frisco, Texas. The new selling price is now $2,999,000, reduced from $3,200,000. The listing agent is the "Jan Richey Team".

According to Zillo, this 10,675 square foot home at 8 Riva Ridge has a value range of between $534,750-$727,260, with a current value of $713,000...which seems very low. In comparison, the home at 7 Riva Ridge is a 12,081 square foot home that's been on Zillo for 340 days (which means it's been overpriced and everyone knows it) is valued between $1,168,805 to $1,509,090. It has a current Zillo value of $1,479,500 and is listed at $2,499,900. So it appears in the midst of this  economic downturn, the Rogers are in no hurry to sell this home at a listing price of $2,999,000.

Interestingly, this home has been at the epicenter of the problems created for Kelly and Carrie Rogers. You could call it the "Contributing Factor". For example, in the "Thompson " lawsuit, investors claim; ...although it is undisputed that the $180,000 received from the operator was the property of the company, Rogers testified that he "borrowed" the $180,000 for his personal use. According to Rogers, the $180,000 was used for home improvement. To date, Rogers has provided no promissory note or other evidence that he "borrowed" the money. Further, Rogers has so far repaid none of the money.

And in the State of Texas v Kelly Rogers’s indictment, the State identified transfers from the Lionheart Energy LLC checking account; specific monetary transactions described in the indictment for misapplication of fiduciary property as follows;

• Check #992 to Pool Environments on 3/11/2005 = $26,661.00

• Check #998 to Pool Environments on 3/29/2005 = $30,000.00

The Rogers' make the claim that the inability to refinance the $1,200,000 construction loan that matured in February of 2009 resulted in the bankruptcy filing of Kelly G Rogers on July 27th of 2009. However, apparently it didn't wipe out Carrie S Rogers because she was not included in the bankruptcy filing. Yet in the papers filed on 12/4/2009, it states; Unfortunately, the cost of the home exeeded $1,800,000, wiped out all the Rogers' available cash and life savings, caused even more indebtedness, and the home is still not finished. It did say Rogers', didn't it?

In the end, it boiled down to the "Big Dream" home that finally sunk the Amway Dream Machine.