Aceituno

FINDINGS OF FACT AND CONCLUSIONS OF LAW AS TO PLAINTIFF’S CLAIMS AGAINST TODD AND RAEANNE VOWELL, JEFFREY GARCIA, AND FIDELIS MARKETING INC.

In this action, Plaintiff Thomas Aceitu-no’s, Chapter 7 Trustee, (“Plaintiff’ or “Trustee”) seeks to avoid and recover fraudulent transfers; to recover corporate distributions; to recover damages for breach of fiduciary duty; to recover preferential payments; to recover damages for conversion of assets and conspiracy; and a declaratory judgment for successor liability (Doc. # 9 in the Bankruptcy Adversary Proceeding).

Beginning on June 23, 2014, and through June 27, 2014, the Court held a bench trial and heard testimony from Todd Vowell, Lawerence Lemus, Jeff Garcia, Stuart Robken, and Raeanne Vowell. Numerous exhibits were also submitted by the parties for the Court’s consideration. Following the bench trial, the Trustee submitted a post-trial supplemental brief (Doc. # 75) and all parties submitted proposed findings of fact and conclusions of law (Doc. ## 73, 74, 76). For the reasons set forth below and upon review of the FAC, undisputed facts, testimony, exhibits, briefing, and all arguments made, the Court now enters its Findings of…