Paullee
6 years ago
American Realty Investors Still Face $63M Judgment
Share us on: By Ryan Boysen
Law360 (August 15, 2018, 5:40 PM EDT) -- Jilted creditors seeking to collect on a $63 million judgment against an American Realty Investors Inc. affiliate received a mixed-bag ruling on Tuesday, as a Texas federal judge tossed some of their fraudulent transfer and alter ego claims but kept others intact ahead of a likely trial.
David M. Clapper and Michigan-based Atlantic Midwest LLC have accused ARI and EQK Holdings Inc. of fraudulently moving assets around in bankruptcy so that ARI affiliate American Realty Trust Inc. would be unable to pay the $63 million judgment against it.
Former ARI CEO Gene Phillips, who is associated with all three entities, is also being sued by Clapper and Atlantic over the same allegations.
In Tuesday's decision, U.S. District Judge Sidney A. Fitzwater sorted through a jumble of pending motions to dismiss and motions for summary judgment, paring back many of Clapper and Atlantic's fraudulent transfer and alter ego claims but still leaving the suit standing once the dust cleared.
Judge Fitzwater started off by denying Phillips' and the other defendants' motion to dismiss Clapper's fourth amended complaint in its entirety, saying the several bases Phillips used as justification weren't sufficient to compel such sweepingly broad relief.
Regarding Clapper and Atlantic's fraudulent transfer claims under the Texas Uniform Fraudulent Transfer Act, Judge Fitzwater dismissed the elements that relied on interests in real property across Texas, Florida and Tennessee held by ART and then transferred to ARI, and he also axed references to $105 million in cash and other assets held by EQK, saying both sets of allegations "do not identify facts such as when the assets were transferred."
He declined to toss elements of the claims that rely on alleged stock transfers between EQK and ART, however.
"Plaintiffs have plausibly alleged that EQK has ownership interests in at least some of ART's allegedly fraudulently transferred assets," the judge said.
Judge Fitzwater also declined to dismiss allegations that some of the defendants transferred assets to third parties just because the third parties had not been joined as defendants, saying ART had provided "no argument that these parties are necessary parties that must be joined."
Judge Fitzwater also declined to rule on whether Clapper and Atlantic may be entitled to punitive damages, saying that was an issue for trial. He did, however, dismiss a fraudulent transfer claim against Phillips directly.
As for the alter ego claims, Judge Fitzwater denied the defendants' motions for summary judgment on Clapper's claims that ARI is an alter ego of both ART and EQK. He did find that Phillips was not an alter ego of EQK, however.
Tuesday's ruling is the latest development in a legal battle between Clapper and Atlantic, and Phillips and his American Realty entities. The dispute began when ARI refused to return escrowed funds after a deal to sell Clapper eight apartment complexes went south. A jury initially ruled in ARI's favor in 2004, but the Fifth Circuit reversed and remanded the case for a new trial in 2007.
The district court entered partial judgments against ARI totaling more than $27 million between 2008 and 2009, and a jury found in favor of Atlantic Midwest in October 2011 in another trial over the remaining claims. U.S. District Judge David C. Godbey entered a cumulative $73 million judgment against ARI that was later reduced to $63 million.
ARI appealed to the Fifth Circuit and in the meantime filed for bankruptcy in Nevada and Georgia to stave off collection efforts, Clapper claims. Both cases were dismissed as having been filed in the wrong venue, the complaint says. ARI then pursued a bankruptcy in Texas, which was ultimately dismissed last March as having been filed in bad faith, Clapper says.
Clapper says he discovered that ARI, its subsidiaries and Phillips transferred "hundreds of millions" in assets to affiliate family trusts to avoid paying Atlantic Midwest, leading him to file the current lawsuit in Texas federal court in 2014.
The defendants were sanctioned in 2016 after an ARI executive dragged down a deposition by repeatedly saying he didn't know the answers to various questions and his attorney repeatedly objected throughout the session.
Clapper and Atlantic are represented by Andrew W. Mychalowych, Lindsay K. James, Scott A. Decius and Tracy S. Thomas of Siciliano Mychalowych & Van Dusen PLC.
ARI, EQK and Phillips are represented by Stephen A. Khoury of Kelsoe Khoury Rogers Caughfield & Clark PC.
The case is Clapper et al. v. American Realty Investors Inc. et al., case number 3:14-cv-02970, in the U.S. District Court for the Northern District of Texas.
--Additional reporting by Matthew Guarnaccia and Alex Wolf. Editing by Haylee Pearl.
stocktrademan
9 years ago
$ARL recent news/filings
bullish
great trend for buy and hold investors
bull flag breakout
## source: finance.yahoo.com
Wed, 26 Aug 2015 17:04:08 GMT ~ AMERICAN REALTY INVESTORS INC Financials
read full: http://finance.yahoo.com/q/is?s=arl
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Mon, 17 Aug 2015 07:13:04 GMT ~ American Realty Investors, Inc. Reports Second Quarter 2015 Results
[at noodls] - American Realty Investors, Inc. Reports Second Quarter 2015 Results
read full: http://www.noodls.com/view/2C7EC2CBD579D2D6A76C89C85BBAE444425C5132
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Fri, 14 Aug 2015 16:38:59 GMT ~ AMERICAN REALTY INVESTORS INC Files SEC form 8-K, Results of Operations and Financial Condition, Financial Statements
read full: http://biz.yahoo.com/e/150814/arl8-k.html
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Thu, 13 Aug 2015 14:25:41 GMT ~ AMERICAN REALTY INVESTORS INC Files SEC form 10-Q, Quarterly Report
read full: http://biz.yahoo.com/e/150813/arl10-q.html
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Wed, 12 Aug 2015 21:39:41 GMT ~ ARL posts 2Q profit
read full: http://sg.finance.yahoo.com/news/arl-posts-2q-profit-213941240.html
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$ARL charts
basic chart ## source: stockcharts.com
basic chart ## source: stockscores.com
big daily chart ## source: stockcharts.com
big weekly chart ## source: stockcharts.com
$ARL company information
## source: otcmarkets.com
Link: http://www.otcmarkets.com/stock/ARL/company-info
Ticker: $ARL
OTC Market Place: Not Available
CIK code: 0001102238
Company name: American Realty Investors, Inc.
Incorporated In: NV, USA
Business Description:
$ARL share structure
## source: otcmarkets.com
Market Value: $112,013,679 a/o Aug 25, 2015
Shares Outstanding: 15,514,360 a/o May 05, 2015
Float: Not Available
Authorized Shares: Not Available
Par Value: 0.01
$ARL extra dd links
Company name: American Realty Investors, Inc.
## STOCK DETAILS ##
After Hours Quote (nasdaq.com): http://www.nasdaq.com/symbol/ARL/after-hours
Option Chain (nasdaq.com): http://www.nasdaq.com/symbol/ARL/option-chain
Historical Prices (yahoo.com): http://finance.yahoo.com/q/hp?s=ARL+Historical+Prices
Company Profile (yahoo.com): http://finance.yahoo.com/q/pr?s=ARL+Profile
Industry (yahoo.com): http://finance.yahoo.com/q/in?s=ARL+Industry
## COMPANY NEWS ##
Market Stream (nasdaq.com): http://www.nasdaq.com/symbol/ARL/stream
Latest news (otcmarkets.com): http://www.otcmarkets.com/stock/ARL/news - http://finance.yahoo.com/q/h?s=ARL+Headlines
## STOCK ANALYSIS ##
Analyst Research (nasdaq.com): http://www.nasdaq.com/symbol/ARL/analyst-research
Guru Analysis (nasdaq.com): http://www.nasdaq.com/symbol/ARL/guru-analysis
Stock Report (nasdaq.com): http://www.nasdaq.com/symbol/ARL/stock-report
Competitors (nasdaq.com): http://www.nasdaq.com/symbol/ARL/competitors
Stock Consultant (nasdaq.com): http://www.nasdaq.com/symbol/ARL/stock-consultant
Stock Comparison (nasdaq.com): http://www.nasdaq.com/symbol/ARL/stock-comparison
Investopedia (investopedia.com): http://www.investopedia.com/markets/stocks/ARL/?wa=0
Research Reports (otcmarkets.com): http://www.otcmarkets.com/stock/ARL/research
Basic Tech. Analysis (yahoo.com): http://finance.yahoo.com/q/ta?s=ARL+Basic+Tech.+Analysis
Barchart (barchart.com): http://www.barchart.com/quotes/stocks/ARL
DTCC (dtcc.com): http://search2.dtcc.com/?q=American+Realty+Investors%2C+Inc.&x=10&y=8&sp_p=all&sp_f=ISO-8859-1
Spoke company information (spoke.com): http://www.spoke.com/search?utf8=%E2%9C%93&q=American+Realty+Investors%2C+Inc.
Corporation WIKI (corporationwiki.com): http://www.corporationwiki.com/search/results?term=American+Realty+Investors%2C+Inc.&x=0&y=0
## FUNDAMENTALS ##
Call Transcripts (nasdaq.com): http://www.nasdaq.com/symbol/ARL/call-transcripts
Annual Report (companyspotlight.com): http://www.companyspotlight.com/library/companies/keyword/ARL
Income Statement (nasdaq.com): http://www.nasdaq.com/symbol/ARL/financials?query=income-statement
Revenue/EPS (nasdaq.com): http://www.nasdaq.com/symbol/ARL/revenue-eps
SEC Filings (nasdaq.com): http://www.nasdaq.com/symbol/ARL/sec-filings
Edgar filings (sec.gov): http://www.sec.gov/cgi-bin/browse-edgar?action=getcompany&CIK=0001102238&owner=exclude&count=40
Latest filings (otcmarkets.com): http://www.otcmarkets.com/stock/ARL/filings
Latest financials (otcmarkets.com): http://www.otcmarkets.com/stock/ARL/financials
Short Interest (nasdaq.com): http://www.nasdaq.com/symbol/ARL/short-interest
Dividend History (nasdaq.com): http://www.nasdaq.com/symbol/ARL/dividend-history
RegSho (regsho.com): http://www.regsho.com/tools/symbol_stats.php?sym=ARL&search=search
OTC Short Report (otcshortreport.com): http://otcshortreport.com/index.php?index=ARL
Short Sales (otcmarkets.com): http://www.otcmarkets.com/stock/ARL/short-sales
Key Statistics (yahoo.com): http://finance.yahoo.com/q/ks?s=ARL+Key+Statistics
Insider Roster (yahoo.com): http://finance.yahoo.com/q/ir?s=ARL+Insider+Roster
Income Statement (yahoo.com): http://finance.yahoo.com/q/is?s=ARL
Balance Sheet (yahoo.com): http://finance.yahoo.com/q/bs?s=ARL
Cash Flow (yahoo.com): http://finance.yahoo.com/q/cf?s=ARL+Cash+Flow&annual
## HOLDINGS ##
Major holdings (cnbc.com): http://data.cnbc.com/quotes/ARL/tab/8.1
Insider transactions (yahoo.com): http://finance.yahoo.com/q/it?s=ARL+Insider+Transactions
Insider transactions (secform4.com): http://www.secform4.com/insider-trading/ARL.htm
Insider transactions (insidercrow.com): http://www.insidercow.com/history/company.jsp?company=ARL
Ownership Summary (nasdaq.com): http://www.nasdaq.com/symbol/ARL/ownership-summary
Institutional Holdings (nasdaq.com): http://www.nasdaq.com/symbol/ARL/institutional-holdings
Insiders (SEC Form 4) (nasdaq.com): http://www.nasdaq.com/symbol/ARL/insider-trades
Insider Disclosure (otcmarkets.com): http://www.otcmarkets.com/stock/ARL/insider-transactions
## SOCIAL MEDIA AND OTHER VARIOUS SOURCES ##
PST (pennystocktweets.com): http://www.pennystocktweets.com/stocks/profile/ARL
Market Watch (marketwatch.com): http://www.marketwatch.com/investing/stock/ARL
Bloomberg (bloomberg.com): http://www.bloomberg.com/quote/ARL:US
Morningstar (morningstar.com): http://quotes.morningstar.com/stock/s?t=ARL
Bussinessweek (businessweek.com): http://investing.businessweek.com/research/stocks/snapshot/snapshot_article.asp?ticker=ARL
$ARL DD Notes ~ http://www.ddnotesmaker.com/ARL
Soapy Bubbles
13 years ago
American Realty Investors, Inc. Reports Second Quarter 2011 Results
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American Realty (NYSE:ARL)
Intraday Stock Chart
Today : Tuesday 16 August 2011
Click Here for more American Realty Charts.
American Realty Investors, Inc. (NYSE:ARL), a Dallas-based real estate investment company, today reported results of operations for the second quarter ended June 30, 2011. ARL announced today that the Company reported, for the three months ended June 30, 2011, net income applicable to common shares of $13.8 million or $1.20 per share, as compared to a net loss applicable to common shares of ($14.4) million or ($1.25) per share for the same period ended 2010.
Rental and other property revenues were $37.5 million for the three months ended June 30, 2011. This represents an increase of $1.0 million, as compared to the prior period revenues of $36.5 million. This change, by segment, is an increase in the commercial portfolio of $0.6 million, an increase in the apartment portfolio of $0.7 million, offset by a decrease in the hotel portfolio of $0.3 million. Our apartment portfolio has continued to thrive with the addition of several newly developed properties and continuous improvements within our existing portfolio, which has led to the rental growth in the second quarter. The commercial portfolio received a lease buyout fee in the second quarter of 2011, which led to the increase in comparison to the prior year. The hotel portfolio has suffered from the current state of the economy, resulting in higher vacancy for the hotel rooms and lower room rates.
Property operating expenses were $21.2 million for the three months ended June 30, 2011. This represents a decrease of $2.1 million, as compared to the prior period operating expenses of $23.3 million. This change, by segment, is a decrease in our commercial properties of $0.6 million, a decrease in our apartment portfolio of $0.6 million, and a decrease in our in our land and other segments of $0.9 million. Property management, in both the residential and commercial portfolios, has been diligent in reducing overall costs and unnecessary repair and maintenance expenses without compromising the quality of services provided. We have reduced the number of land development projects that are in progress, thereby reducing expenses from the year prior.
General and administrative expenses were $4.1 million for the three months ended June 30, 2011. This represents an increase of $1.4 million, as compared to the prior period general and administrative expenses of $2.7 million. This change is primarily due to an increase in legal expense accruals. The Company accrues a liability each month to reserve for legal fees unbilled or potential litigation expenses.
Mortgage and loan interest expense was $17.7 million for the three months ended June 30, 2011. This represents a decrease of $2.6 million, as compared to the prior period interest expense of $20.3 million. This change, by segment, is a decrease in our commercial properties of $1.1 million, a decrease in our apartment portfolio of $0.3 million, and a decrease in our land portfolio of $0.9 million and a decrease in our other portfolio of $0.3 million. The decrease in the apartment portfolio is primarily due to loans refinanced in 2010 at a lower interest rate, offset by the addition of several newly developed residential properties. Several land parcels were sold during the past year and satisfied their debt obligations, thereby reducing the interest expense.
Gain on land sales was $14.0 million for the three months ended June 30, 2011. This represents an increase of $18.1 million as compared to the prior period loss of $4.1 million. In the current period, we sold 1,067 acres of land in 19 separate transactions for an aggregate sales price of $60.4 million and recorded a gain of $14.0 million. In the prior period, we sold 23.56 acres of land in two transactions for an aggregate sales price of $17.6 million and recorded a loss $4.1 million.
Included in discontinued operations are a total of five and 20 income-producing properties as of 2011 and 2010, respectively. Properties sold in 2011 have been reclassified to discontinued operations for the current and prior reporting periods. The sale of these properties resulted in a gain on the sale of real estate from discontinued operations of $7.7 million and $5.7 million as of 2011 and 2010, respectively.
About American Realty Investors, Inc.
American Realty Investors, Inc., a Dallas-based real estate investment company, holds a diverse portfolio of equity real estate located across the U.S., including office buildings, apartments, hotels, shopping centers and developed and undeveloped land. The Company invests in real estate through direct equity ownership and partnerships nationwide. For more information, visit the Company’s website at www.amrealtytrust.com.
Soapy Bubbles
14 years ago
Change in Directors or Principal Officers
Item 5.02. Departure of Directors or Certain Officers; Election of Directors;
Appointment of Certain Officers; Compensatory Arrangements of Certain Officers
(a) Effective at the close of business on January 31, 2011, Sharon Hunt resigned as a Director of and Chairman of the Compensation Committee of the Board of Directors of American Realty Investors, Inc. (the "Company" or the "Issuer" or the "Registrant"). Ms. Hunt had been a director of the Company since February 2004. Ms. Hunt, age 67,is a licensed realtor in the Dallas, Texas area, retired. At the time of her resignation as a Director, Ms. Hunt had no disagreement with the Registrant on any matter relating to the Registrant's operations, policies or practices.
(d) On February 1, 2011, the Board of Directors of the Company elected Martha C. Stephens, age 64, as a Director to fill the vacancy on the Board of Directors created by the resignation of Sharon Hunt. Ms. Stephens is retired. Until January 2007 and for more than five years prior thereto, she was employed in various administrative capacities by Prime Income Asset Management, LLC ("Prime"), which is a contractual advisor to the Company and other entities. Ms. Stephens is also a member of the Board of Directors since February 23, 2007 of Income Opportunity Realty Investors, Inc., a Nevada corporation ("IOT") which has its Common Stock listed and traded on the American Stock Exchange, LLC ("AMEX"). On May 7, 2009, Ms. Stephens was elected Chairman of the Board of IOT, a position she continues to hold. Also on February 1, 2011, Ms. Stephens was elected as a member of the Audit Committee of the Board of Directors, was appointed as a member of the Compensation Committee and Chairperson of such Compensation Committee and appointed as a member of the Governance and Nominating Committee of the Board of Directors of the Company. Ms. Stephens has also been elected (on February 1, 2011) a Director of Transcontinental Realty Investors, Inc., a Nevada corporation ("TCI") which has its Common Stock listed and traded on the New York Stock Exchange ("NYSE"). On February 1, 2011, the Board of Directors of the Company also elected RL S. Lemke, age 54, as a Director to fill a vacancy on the Board of Directors. Mr. Lemke was also elected as Vice President of the Company on February 1, 2011. Mr. Lemke is Vice President, Project Development for Prime. Mr. Lemke has been so employed for more than the past five years. Mr. Lemke holds a Juris Doctor degree (1982) from Creighton University School of Law.
Soapy Bubbles
14 years ago
http://finance.yahoo.com/q?s=arl&ql=1
American Realty Investors, Inc., together with its subsidiaries, operates as an advised and managed real estate investment company. It engages in the acquisition, development, and ownership of income-producing residential, hotel, and commercial real estate properties. The company also acquires land for future development in in-fill or high-growth suburban markets. It leases apartment units to residents; office, industrial, and retail space to various for-profit businesses, as well as to local, state, and federal agencies; trade show and exhibit space to temporary and long-term tenants; and rents hotel rooms to guests. Further, the company sells income-producing properties and land; and purchases and originates mortgage loans. As of December 31, 2009, it had 5.8 million rentable square feet of commercial properties, including 21 office buildings, 6 industrial properties, 4 retail properties, and a 344,975 square foot trade show and exhibit hall in Denver, Colorado. The company also had 61 residential apartment communities comprising 11,942 units; 5 hotels comprising 808 rooms; 11,635 acres of land held for development; and owned income-producing properties and land in 19 states and the U.S. Virgin Islands, as well as a 420 acre holiday resort project in Germany that is under construction. American Realty Investors was founded in 1961 and is headquartered in Dallas, Texas.
Soapy Bubbles
14 years ago
Investor Information
Address:
1800 Valley View Lane
Suite 300
Dallas, TX 75234
investor.relations@amrealtytrust.com
Stock Symbol:
ARL
Exchange:
NYSE
Sector:
Services
Industry:
Real Estate
Telephone:
469-522-4200
Fax: 469-522-4299
American Realty Investors holds for investment a highly diverse portfolio of apartments, office buildings, retail centers, restaurants, parcels of land and other equity ownership interests located across the United States. A New York Stock Exchange member company, American Realty was formed in August 2000 with the combination of American Realty Trust and National Realty, L.P.
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TheFinalCD
11 years ago
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