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Customers file second suit over 1031 exchange


A class-action lawsuit claiming breach of contract, fraud and theft of property has been filed relating to relating to relate prepconcernant

relating to relate prepbezüglich +gen, mit Bezug auf +acc 
 LandAmerica Financial Group LandAmerica Financial Group, Inc. (NYSE: LFG) is the third largest title insurance group in the US. It was incorporated in 1991 and is headquartered in Glen Allen, Virginia.  Inc.'s 1031 Exchange business.

The suit, filed Friday in U.S. Bankruptcy Court bankruptcy court n. the specialized Federal court in which bankruptcy matters under the Federal Bankruptcy Act are conducted. There are several bankruptcy courts in each state, and each one's territory covers several counties.  in Richmond, is on behalf of Land-

America 1031 Exchange Services customers.

Named in the suit are the Henrico County-based holding company, its exchange company and several executives, including former chairman and chief executive Theodore L. Chandler Jr., who stepped down Friday; Chief Financial Officer G. William Evans William Evans' is the name of:
  • William Evans (cardiologist), Welsh cardiologist and publisher
  • William Evans (farmer),Canadian farmer, agronomist, journalist, and author
  • William Evans (artist), Victorian portrait painter
; and controller Christine R. Vlahcevic.

A LandAmerica spokeswoman could not be reached for comment yesterday, nor could the attorney who filed the suit.

On Wednesday, a separate class-action suit Noun 1. class-action suit - a lawsuit brought by a representative member of a large group of people on behalf of all members of the group
class action
 was filed in U.S. District Court in the Southern District of California against Evans, exchange company executive Stephen Connor Stephen Connor (born January 27 1989 on the Wirral) is an English football player currently playing for Partick Thistle on loan from Premier League side Everton. His usual position is on the wing, but he is able to play as a striker to equally good effect.  and SunTrust Banks SunTrust Banks, Inc. (NYSE: STI) is an American bank holding company. The largest subsidiary is SunTrust Bank. It had $182.2 billion in assets as of December 31, 2006.  Inc.

That lawsuit alleges that the Land-

America executives and SunTrust engaged in or allowed money from new customers to be used to pay off clients who had put money into the exchange company earlier.

The class-action suit filed in bankruptcy court could be an attempt to give more weight to the claims of exchange customers, said Nathan B. Oman, an assistant professor at the College of William and Mary's Marshall-Wythe School of Law The Marshall-Wythe School of Law, more commonly known as William & Mary Law School (W&M Law), located in Williamsburg, Virginia, is a law school in the United States. . If the bankruptcy judge agrees that the class exists, it increases bargaining power by creating a larger number of claimants, he said.

The suit comes just days after Bankruptcy Court Judge Kevin R. Huennekens set a protocol to hear some test cases that will be used to determine how claims of exchange customers will be handled. Customers situations fall into five categories.

"That looks to me like they saw where the judge was going and are trying to push for leverage," Oman said.

Exchange companies act as a way for investors to defer tax on capital gains on the sale of investment property as long as the proceeds are reinvested in a similar type of property within a specified amount of time.

The class-action suit in bankruptcy court was filed by two California residents who represent a family trust. In October, they transferred $230,000 to the exchange company after the sale of property in California. With LandAmerica's bankruptcy filing in late November, their money was locked up before they had identified another property in which to reinvest.

The lawsuit claims they were intentionally misled on the financial health of Land-

America and its exchange company.

Contact Emily C. Dooley at (804) 649-6016 or edooley@timesdispatch.com.
Copyright 2009 Richmond Times-Dispatch
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright (c) Mochila, Inc.

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Author:Emily C. Dooley
Publication:Richmond Times-Dispatch
Date:Jan 20, 2009
Words:409
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