Christopher K. Felix president and principal broker at Century 21 Realty Management Co. Inc. is asking the federal court to hear a case that has been filed against him by a husband and wife team of doctors who claim that he breached his duties as court-appointed property manager in their bankruptcy case. His case was filed Jan. 10.
George and Matilda Kallingal are claiming that Felix caused them at least $300 000 in damages. He was appointed as property manager for the estate following the couples’ filing of Chapter 11 bankruptcy protection on Oct. 5 2001.
The case originally filed Dec. 7 in the Superior Court of Guam involves issues that court documents stated “are inextricably intertwined with core bankruptcy proceedings.”
On Oct. 29 2001 the District court of Guam appointed Felix as the property manager for all real properties in the bankruptcy estate of Kallingal PC. The properties are apartment buildings in Lower Barrigada Heights. Court documents state the buildings were damaged in Typhoon Chata’an on July 5 2002 and Supertyphoon Pongsona on Dec. 17 2002.
According to the federal court order Century 21 Realty Management Co. was charged with collecting rents and providing reports addressing tenant issues maintaining the property paying for expenses related to the property and marketing and leasing vacant apartment units.
Attorney Robert L. Keogh principal partner in the law office of Robert L Keogh is representing Felix and said the case should be heard in federal court.
The Kallingals claim that Felix failed to exercise reasonable care of their property and are asking for a jury trial to determine if compensatory damages are warranted and if an additional $300 000 in punitive damages should be awarded.
The allegations against Felix listed in the complaint include failure to address tenant issues failure to use best efforts to collect rents failure to secure the property after typhoons to avoid vandalism and exposure to the elements.
Ronald P. Moroni partner in the law firm of Tarpley & Moroni LLP is representing the Kallingals. He told the Journal that the case should remain in the territorial court because the bankruptcy reorganization was dismissed in August 2002 so the case is no longer a federal matter.
Moroni said he plans to soon file a motion against the removal from Superior Court.
The district court has not yet scheduled a hearing date and Felix has not filed an answer to the allegations of the complainants. MBJ