Judge throws out concrete contractor's bankruptcy case

A federal judge has dismissed a Chapter 11 bankruptcy petition filed by a Springfield concrete contractor who failed to furnish the court with monthly operating reports and past tax returns.

Poppenga Concrete Inc. owner David Poppenga filed the voluntary petition in U.S. Bankruptcy Court last September, listing the company's estimated liabilities between $500,000 and $1 million.

Some of Poppenga's largest creditors were regional concrete suppliers, according to the petition, which listed combined debts of more than $214,000 to Conco Cos., Joplin-based G&H Redi-Mix and Barry County Redi Mix.

But on March 12, Bankruptcy Judge Arthur Federman dismissed the case for reasons raised by the U.S. trustee and IRS, and because Poppenga was not believed to have any unencumbered assets, court records show.

According to a motion filed by the trustee Feb. 27, Poppenga did not comply with a court order to file a disclosure statement and plan by Jan. 22. He also failed to file required monthly operating reports for December and January. Debtors in possession are required to provide bankruptcy trustees with monthly operating reports by the 15th of each month, court records show.

At a Nov. 5 creditors meeting, an attorney for the U.S. trustee requested that Poppenga submit certain documentation, but he has failed to provide tax returns for 2006 and 2007; financial statements for 2006 and 2007; and voided imprinted checks for his debtor-in-possession bank accounts, court records show.

The IRS, which filed an amended claim totaling $176,638 against the company in January, also alleged that Poppenga improperly used cash collateral without court authorization.

"A review of the debtor's bank records show(s) expenses to Price Cutter, Campbell 16 Cinema, Family Video, Sonic, Barnett Family Dental, Smoothie King, Party America, Dillards, Kohl's, Macy's, Honeybaked Ham and Yankee Candle, as examples of expenses that do not appear to be in the ordinary course of business," according to a separate motion filed last month by the IRS.

Brent Hendrix, a Springfield attorney who represented Poppenga Concrete, did not immediately return a call seeking comment this morning.

An involuntary Chapter 7 bankruptcy petition filed last October against Elegant Homes and Design of the Ozarks, a home building business Poppenga owns, is pending. That case was filed by creditors Trimworks Lawncare, B&G Drafting and Insulation of the Ozarks, court records show.See SBJ's March 30 issue for more about the Poppenga Concrete bankruptcy dismissal.