Barber’s Battles Continue

By filing bankruptcy on July 31, developer Brandon Barber may be relieved of some of his debt of approximately $54 million.

But some of Barber’s creditors are not letting him off the hook so easily.

Donna and Steven Powers filed a complaint against Barber on Nov. 19 seeking a judgment declaring Barber’s debt to them should not be discharged by his bankruptcy because their claim was incurred by fraud.
The Powerses purchased a home in Deerpath Estates from Barber in February 2008.

According to the suit, Barber told the Powerses that everyone who worked on the property had been paid in full, and that there were no liens or claims against the property.

However, the suit states, Barber owed hundreds of thousands of dollars to National Home Centers for materials that were used in the construction of the home.

In March 2008, National Home Centers sent the couple a notice of its intent to file a lien against the property, claiming it is owed $42,256.68 for materials. In April 2009, National Home Centers filed a complaint to
foreclose on the lien.

They claim Barber made false and misleading statements in order to deceive them and induce them into purchasing the home.

The Powerses claim compensatory damages as well as punitive damages should be awarded against Barber.