Interbank offers Dillard-Winecoff (DW) a 6-month, $1.8 million loan for the purchase of the historic Winecoff Hotel.
The 6-month loan agreement between Interbank and DW expires, and DW is subsequently forced to file Chapter 11.
Interbank makes a collateral assignment of the Winecoff to Atlantic Bank of New York. Interbank illegally sends DW a “Notice of Default,” even though Interbank no longer holds ownership to the property.
Still acting as DW's fiduciary, Interbank declines five funding offers, and in May forecloses on the property, even though it no longer owns it.
Interbank declines five more offers on the Winecoff even though it no longer owns it, and in September, DW files suit, which is dismissed on grounds of bankruptcy estoppel. DW appeals the decision.
The Georgia Court of Appeals reverses the trial court decision and Interbank appeals to the Georgia Supreme Court.
The Georgia Supreme Court upholds the Court of Appeals' decision, thus giving DW the legal right to sue Interbank Funding.
The Trial Court Judge recuses herself from trying the case again because her husband has an indirect financial interest in the Winecoff Hotel.
March 2003-May 2005
DW amends the lawsuit to include Kelco FB/Winecoff and awaits a new trial to determine ownership of the property.