Ric Bannon, campaign manager for Republican candidate for N.C. House District 55, Mark Brody, responded to the “Deadbeat Brody” claims.
“Due to the economic situation that occurred from 2009 to the present, Trustway Homes Inc. was closed but did not file bankruptcy,” Bannon said via email on Oct. 29. “All employees that were employed at that time were paid up to date wages and 75 percent of subcontractors were paid in full.
“Five out of six corporations that Mark Brody owned were dissolved and had no employees nor hired any subcontractors. These businesses were created for future green construction. Due to economic conditions it was decided that it would not be conducive moving forward with these entities,” he continued.
“The three issues in question concerning subcontractors have either been partially paid and settled or legally dismissed. One of the clients, Carolina Flooring, had given notice of voluntary dismissal with prejudice in this case. Documents were filed Feb. 6, 2008, case closed. Mark Brody had the opportunity to file bankruptcy and has chosen to work through these issues and attempt to repay his debt.”
Bannon submitted court documents from the county of Mecklenburg stating that Raul’s Concrete “voluntarily dismisses his complaint, pursuant to Rule 41(a) of the North Carolina Rules of Civil Procedure, WITHOUT PREJUDICE as to all Defendants.” The document was dated July 20, 2010.
Similarly, another document stated that “Plaintiff Green Heating & Cooling of N.C., Inc., reserving and preserving all rights of Plaintiff against Defendant Trustway Homes, Inc., does hereby release Defendants Mark Brody and Lisa Brody (“Individual Defendants”) from the Judgment entered by the Court on Aug. 3, 2010.” This release of the defendants was dated Dec. 13, 2010. A Certificate of Payment/Satisfaction of Judgment for Green Heating & Cooling with the same date stated that a $12,000 partial payment had already been made.
In addition, a notice of voluntary dismissal from Carolina Flooring of Charlotte, Inc., states that the plaintiff (Carolina Flooring) gave notice of voluntary dismissal with prejudice to the defendant, Trustway Homes, Inc. This notice was dated Feb. 6, 2008.