Bankruptcy delays civil suit...again
NORTH LITTLE ROCK (KATV) -
Running out the clock is a strategy sometimes employed by sports teams.
92 year-old Gretchen Madison believes the tactic is being used against her.
She hired him in 2012 to build her home.
The job he did was so bad he was charged criminally.
Marcus Dupree beat that charge, but a civil suit remains.
Gretchen Madision's civil trial late last year ended in a mistrial.
Round two was set for this week.
But on Friday the man she is suing...Marcus Dupree of Jacksonville...filed for Chapter 13 bankruptcy protection...a strategy he has employed before.
"Do you think that he is trying to do whatever he can to avoid going to court?"
"Right, right,” agrees Gretchen Madison. “He's good at that."
"Good at what?"
"Doing things to put it off."
Madison first filed a civil suit in July of 2013.
Two months later Dupree filed Chapter 7.
Ms. Madison's attorney eventually got that bankruptcy filing dismissed, arguing that "...the debtor is employing a deliberate and persistent pattern of trying to evade Ms. Madision. Ms. Madison is 90 years old and just wants to return to her house."
This summer Ms. Madison did finally return home...a home made possible by a bank loan.
She had planned to live debt free in her golden years. She will be 93 next month.
Her plan is still possible. But only if she can get Marcus Dupree back in court.
The largest debt listed in his latest bankruptcy is owed to Gretchen Madison...$520,000.00.
"Yeah I think he thinks I might...keel over,” says Madison. “But the truth of it is I've already been told that my kids could pick it up."
The first meeting of creditors related to Dupree's most recent bankruptcy filing is set for March 2nd.
The attorney who represented Ms. Madison when she contested Mr. Dupree's last bankruptcy is now a judge.
She is looking for new counsel.
Air date: January 24th, 2017