Vista Bank: Reagor unnecessarily delaying

Vista Bank: Reagor unnecessarily delaying

Posted: Updated:
LUBBOCK, Texas -

In the Vista Bank v. Bart Reagor lawsuit filed in the 72nd District Court in Lubbock County, attorneys for Vista Bank are asking Judge Ruben Reyes to reject Reagor's request for a continuance.

We reported Tuesday Reagor has filed counterclaims in the suit, stating Vista Bank wrongfully took control of his personal accounts to offset debt Vista Bank claimed against him. Vista's original suit, filed March 1 in Lubbock County, claimed Reagor is personally liable for $1,448,401.23 out of a $3 million loan issued in May 2017. Vista reports the last payment was July 6, 2018. While co-owner Rick Dykes signed the promissory note, only Reagor's name and signature is on the commercial guaranty.

Reagor's attorneys claim Vista Bank knew the Auto Group's accounts at the bank were part of former Reagor-Dykes CFO Shane Smith's check kiting scheme, but the bank never informed Reagor himself. Smith has pleaded guilty to a federal charge and is awaiting sentencing.

But in Vista Bank's latest filing, attorneys write Smith's admitted actions are not at issue. They state less than an hour before Reagor's legal team asked for a continuance on Vista Bank's motion for summary judgment Friday, Reagor filed various counterclaims.

From Thursday's filing: "Up until the time Reagor filed these last-minute counterclaims, check kiting had absolutely zero relevance to this case. Vista Bank’s only claim is that Reagor breached his guaranty agreement and that he refuses to pay. Vista Bank has not sued Reagor for check kiting and has not sued the three dealerships who were the borrowers of the loan for which Reagor guaranteed."

Vista Bank claims as a delay tactic and to "keep himself from going on the record, Reagor has engaged in multiple and obviously transparent delay tactics. First, Reagor filed a Motion to Transfer Venue to get an extra 45 days before Vista Bank could move for summary judgment. For reasons unknown, Reagor wanted to transfer venue to Hale County to get a fairer trial, where he had two dealerships that went out of business and likely had a more significant impact on the small community. Suspiciously, after being subpoenaed to testify at the hearing for his Motion to Transfer Venue, he withdrew his Motion. Reagor’s reluctance to testify should not come as a surprise, considering the last time he was in a deposition he asserted his Fifth Amendment rights and refused to testify when asked about what led to his dealerships filing for bankruptcy."

Vista Bank states Reagor's request to depose Shane Smith, listed in the motion for continuance, is not material to Vista's claim of a breach of the loan agreement. And, the bank expects Smith to continue to take the Fifth. This new filing makes the same argument against Reagor's proposed taking depositions of other former Reagor-Dykes staffers Sheila Miller and Dianna Urias, who have also pleaded guilty.

Vista's filing closes: 

"A continuance of the submission date on Vista Bank’s Amended Motion for Summary Judgment is not necessary, and Reagor’s motion should be denied. Until last week, the only claim in this case was Vista Bank’s claim that Reagor breached the commercial guaranty agreement and that he refuses to fulfill his obligations as guarantor. Reagor knew that anything related to his companyies’ check kiting scheme was irrelevant and immaterial to this simple breach of guaranty case, which is why he filed counterclaims at the last minute to try and bootstrap his discovery requests into relevancy, and, therefore, give him “grounds” to compel discovery and file a motion for continuance.

"All of the additional discovery Reagor claims as a basis to support for his Motion for Continuance are immaterial, and he lacked due diligence in acquiring them. Since filing a motion to transfer venue at the onset of this case, Reagor has been disingenuous in his pleadings and discovery. He has put up smokescreens at every corner in an attempt to delay proceedings against him and granting a continuance will only further serve Reagor’s purpose of delay and will not serve justice. Additionally, a continuance will prejudice Vista Bank because it will mean Vista Bank has to continue engaging in expensive, unnecessary and burdensome discovery, expending time and recourses refuting Reagor’s delay tactics."

Along with the counterclaims laid out earlier this week, Reagor has requested a jury trial in this suit. Judge Reyes earlier scheduled a hearing in Vista Bank v. Bart Reagor for Friday at 9 a.m.

OCT. 3: Judge issues gag order against Reagor, representatives
OCT. 2: Day 1: Ford Credit claims Bart Reagor owes $54 million
OCT. 1: Countersuit: Vista Bank wrongfully used Reagor's accounts
SEPT. 26: Reagor-Dykes reorganization proposal goes to a vote
SEPT. 20: More charges: Two Reagor-Dykes employees plead to bank fraud
SEPT. 12: First Bank & Trust proposes converting Reagor-Dykes bankruptcy to liquidation
SEPT. 3: Reagor-Dykes names primary investor in re-organization plan
AUG. 29: Objections remain in Reagor-Dykes' path to reorganization
AUG. 5: Trial date set in Ford Credit vs. Bart Reagor
JULY 12: International Bank of Commerce sues Ford Credit, claims damages tied to Reagor-Dykes collapse
JULY 11: Hearing on what Ford Credit claims Bart Reagor owes rescheduled
JULY 6: IBC Bank moves for summary judgment vs. Reagor, judge recuses himself
JULY 1: Reagor-Dykes files reorganization plan
JUNE 24: Bart Reagor states he had no knowledge of fraud, check kiting
JUNE 21:  Judge approves bankruptcy plan schedule for Reagor-Dykes
JUNE 19: Former Reagor-Dykes CFO pleads to federal conspiracy charge
JUNE 18: July 11 hearing set on amount Reagor owes Ford Credit
JUNE 17: Reagor: Ford Credit must show its work on how much it's owed
JUNE 3: Ford Credit: Bart Reagor owes $46 million plus interest
MAY 24: Ford Credit wins; court orders Reagor to pay
MAY 22: Progress reported in resolving Reagor-Dykes registration issues
MAY 9: Oklahoma bank sues Reagor, Dykes, offshore financial companies for $26 million
MAY 6: State of Texas sues Reagor, Dykes for more than $50,000 in sales taxes
APRIL 24: Reagor-Dykes registration issues may soon be resolved
APRIL 16: Bart, Annette Reagor deny breaching insurance corporation contracts in $2.4 million suit
APRIL 10: Progress but no agreement, just yet, on Reagor-Dykes TT&L plan
APRIL 8: Multiple objections filed to Reagor-Dykes' registration solution proposal
APRIL 2: Filing: Rick Dykes agrees to $58.7 million judgment to Ford Credit
MARCH 23: Universal Underwriters sues Reagors, claims Auto Group defaulted on contracts
MARCH 21: Vista Bank: FirstCapital Bank 'sealed the demise' of Reagor-Dykes with fraudulent agreement
MARCH 20: 700 Reagor-Dykes customers still have unresolved TT&L, trade-in
MARCH 19: Proposal could resolve many Reagor-Dykes registration, title issues
MARCH 19: Landlord: Reagor-Dykes Plainview abandoned in 'extreme disrepair'
FEB. 23: Dykes, Reagor response claims Ford Credit should have seen problems
FEB. 19: UPDATED: Reagor-Dykes mediation next week in Dallas
FEB. 15: Read order directing global mediation in Reagor-Dykes bankruptcy
FEB. 14: Judge orders Ford Credit to participate in Reagor-Dykes 'global mediation'
FEB. 11: Judge approves AmeriCredit's request for hearing on Reagor-Dykes Snyder
FEB. 8: Judge orders TT&L lists turned over to creditor, others request info
FEB. 8: GM Financial, citing 'little opportunity' for meaningful progress, requests access to relief
FEB. 8: Judge denies Reagor-Dykes request to delay summary judgment
FEB. 7: Landlord orders Reagor-Dykes out, another phone hearing next week
FEB. 7: Ford Credit objects to Reagor-Dykes' attempt at 'global mediation'
FEB. 6: First Bank & Trust opposes 'global mediation' for Reagor-Dykes
FEB. 6: Reagor-Dykes requests global mediation in bankruptcy
FEB. 6: Reagor and Dykes argue if Ford Credit was complicit in fraud, two men not responsible for $109 million+
JAN. 31: Reagor-Dykes seeks appeal of Bankruptcy Judge's order
JAN. 31: McDougal no longer involved in Reagor-Dykes re-organization effort
JAN. 28: Nearly 6 months later, hundreds of Reagor-Dykes customers still in limbo
JAN. 23: FirstCapital Bank allows Reagor-Dykes to use cash collateral
JAN. 18: Future uncertain for Reagor-Dykes Auto Group after recent ruling
JAN. 17: Judge: Ford Credit may repossess Reagor-Dykes vehicles
JAN. 9: Court approves Reagor-Dykes interim funding
JAN. 8: Reagor-Dykes, Ford Credit argue future of Auto Group in bankruptcy court
JAN. 8: Citing possible criminal investigation, former Reagor-Dykes CFO requests stay on discovery
JAN. 8: Ford Credit: Reagor, Dykes signed guaranties, should pay $112 million+ in relief
JAN. 7: Reagor-Dykes files reorganization plan
JAN. 7: 'Reagor-Dykes is not dead', Auto Group files response to Ford Credit's demands
JAN. 4: With no reorganization plan yet filed, Ford Credit seeks to take possession of Reagor-Dykes vehicles
JAN. 3: Lender asks bankruptcy court to force Reagor-Dykes legal team to produce documents

DEC. 26: UPDATE: Court allows Ford Credit lawsuit to proceed against Bart Reagor, Rick Dykes
DEC. 12: Slow progress reported on Reagor-Dykes customers' TT&L, trade-ins
NOV. 29: McDougal, Ewing and Dykes lead group to purchase Reagor-Dykes assets
NOV. 21 Former Reagor-Dykes CFO requests change of venue in lawsuit
NOV. 20: Toyota, GM file objections in Reagor-Dykes bid process
NOV. 14: State may extend titles for some Reagor-Dykes customers
NOV. 2: Five more Reagor-Dykes entities petition for bankruptcy
OCT. 29: Reagor-Dykes TT&L, trade-in issues remain unresolved; progress reported with some lenders
OCT. 29: Bart Reagor, Reagor Auto Mall claim First Bank & Trust party at fault
OCT. 29: Vista Bank asks to recoup funds in Reagor-Dykes accounts
OCT. 18: No resolution yet on Reagor-Dykes customers' unpaid TT&L, trade-in liens
OCT. 17: More lenders object to Reagor-Dykes' request for TT&L, trade-in payment
OCT. 16: U.S. Bank objects to Reagor-Dykes request for lenders to pay TT&L, trade-ins
OCT. 15: Compromise on vehicles in First Bank & Trust lawsuit v. Reagor Auto Mall
OCT. 15: Judge approves sale of Reagor-Dykes plane; Wells Fargo objects to portion of TT&L motion
OCT. 12: Ford Credit supports part of Reagor-Dykes' request for lenders to pay TT&L, trade-ins
OCT. 12: FirstCapital files counterclaim, motion to dismiss
OCT. 10: Reagor-Dykes aircraft to be sold, pending court approval
OCT. 10: Several filings in Reagor-Dykes bankruptcy case
OCT. 1: KamKad, Reagor-Dykes execute purchase agreement
SEPT. 24: FirstCapital Bank requests First Bank & Trust lawsuit against it, Reagor-Dykes, others move to federal court
SEPT. 21: Judge sets schedule, trial date in Vista Bank v FirstCapital Bank lawsuit
SEPT. 21: Former Reagor-Dykes CFO denies late payments, says Vista Bank attacked him, his family
SEPT. 20: Vista Bank sues former Reagor-Dykes CFO, claims loan default
SEPT. 19: Texas DMV: Reagor-Dykes should promptly resolve title issues
SEPT. 19: Brad, Kenneth Burgess file motion to dismiss Vista Bank lawsuit
SEPT. 18: First Capital Bank files motion to dismiss lawsuit
SEPT. 18: Court approves bid process for Reagor-Dykes Auto Group, extends use of cash collateral
SEPT. 17: Ford Credit, GM object to certain aspects of proposed Reagor-Dykes sale
SEPT. 14: Judge sets trial date in Ford Credit lawsuit vs. Reagor-Dykes
SEPT. 14: Reagor denies Ford Credit's claim vehicles sold out of trust
SEPT. 13: Dykes: Former Reagor-Dykes CFO admits he provided false info to Ford Credit
SEPT. 11: Reagor-Dykes Auto Group requests court to allow sale of company
SEPT. 4: Reagor-Dykes Auto Group establishes process to resolve customer problems
AUG. 31: International Bank of Commerce asks for court to allow it to foreclose on Reagor-Dykes dealerships
AUG. 31: More Reagor-Dykes companies, co-owners may soon file for chapter 11
AUG. 30: Court extends Reagor-Dykes employment of CRO; officer discusses potential dealership buyers
AUG. 29 : International Bank of Commerce asks for loan payment in Reagor-Dykes case
AUG. 29: Ford Credit objects to Reagor-Dykes earlier legal team
AUG. 27: Vista Bank doubles relief request in new federal suit against FirstCapital Bank
AUG. 25: Reagor-Dykes chief restructuring officer hires new legal team
AUG. 25: GM proceeding with termination of Reagor-Dykes Floydada
AUG. 23: Landlords demand rent for Reagor-Dykes dealerships in Lubbock, Plainview
AUG. 20: Ford Credit moves ahead with suit against Reagor, Dykes, some R-D companies
AUG. 18: Reagor-Dykes bankruptcy case: Read court order following Aug. 16 hearing
AUG. 17: Auto dealer claims Reagor-Dykes owes $513,000, vehicles may be in consumers' possession
AUG. 16: Vista Bank sues FirstCapital for $6 million, claims Dykes helped perpetrate check kiting scheme
AUG. 16: Bankruptcy court allows Reagor-Dykes continued use of cash collateral, hiring of CRO
AUG. 15: Reagor-Dykes Auto Group issues written apology
AUG. 14: Loss of Reagor-Dykes Chevrolet in Floydada a potential financial pitfall for city
AUG. 14: Vehicle auction company claims Reagor-Dykes owes it $687,000
AUG. 14: Ford Credit claims Reagor-Dykes is not following court orders; court grants extension to file docs
AUG. 13: U.S. Trustee opposes Reagor-Dykes request to hire chief restructuring officer
AUG. 10: Ford Credit: Reagor-Dykes fraud may be among largest of its type in U.S. history; GM files to terminate Floydada dealership
AUG. 9: Reagor-Dykes questions former CFO’s actions; Contractor claims $700,000 due now
AUG. 7: Former Reagor-Dykes employees claim they were not paid
AUG. 6: Customers concerned over Reagor-Dykes 'unwinding' process
AUG. 6: Ford suit against Reagor-Dykes on hold while bankruptcy case proceeds
AUG. 3: Judge approves Reagor-Dykes employee pay
AUG. 2: Mayor: Downtown Lubbock growth to remain strong regardless of Reagor-Dykes future
INITIAL STORY: Ford Motor Credit sues Reagor-Dykes; R-D files for chapter 11 bankruptcy

 

Powered by Frankly
All content © Copyright 2000 - 2019 RAMAR. All Rights Reserved.
For more information on this site, please read our Privacy Policy, and Terms of Service, and Ad Choices.