WINFIELD – A West Virginia corporation alleges a tenant fraudulent conveyed property to his spouse before a breach of contract trial between the parties began.
Schooner's Stadium Front Grille Inc. filed a complaint Jan. 23 in Putnam Circuit Court against Spiro Mitias and Rhoda Mitias citing West Virginia code.
According to the complaint, the plaintiff and Spiro Mitias entered into a commercial sublease of real property and equipment in August 2012. The suit states Spiro Mitias breached the agreement and a civil action was filed in Cabell Circuit Court in December 2012.
The plaintiff alleges before the trial, Spiro Mitias transferred real property in Putnam County to his spouse, Rhoda Mitias, and this conveyance rendered Spiro Mitias insolvent and unable to pay his debts. The plaintiff alleges the conveyance "was orchestrated in an effort to hinder, delay and defraud" Spiro Mitias' creditors, including plaintiff.
The plaintiff seeks an order declaring that the conveyance of the property was fraudulent and the same was null and void and permitting plaintiff to proceed collecting its claim and all further relief that the court may deem fair and equitable. It is represented by Daniel A. Earl and Mattheew L. Ward of Dinsmore & Shohl LLP in Huntington. The case has been assigned to Circuit Judge Phillip M. Stowers.
Putnam Circuit Court case number 18-C-18