State seeks to bar alleged roofing scammer from using bankruptcy with defenseBy JAMES A. KIMBLE
Union Leader Correspondent
February 06. 2014 7:36PM
BRENTWOOD — State prosecutors say that a roofing contractor charged in four New Hampshire counties with defrauding customers of thousands should be forbidden from using his bankruptcy case in his defense.
“The general unfamiliarity of the public with federal bankruptcy laws might cause members of the jury to conclude that because the defendant filed his petition and schedules and listed the victims as debtors, it means he no longer owes the victims the $18,750 he took in deposits,” state prosecutor Quinn Colgan said in a court motion.
Timothy Currier, 32, of Bow faces charges related to his former business — Green Home Energy Systems, LLC — in Merrimack, Rockingham, Coos and Hillsborough counties, where he has charges pending in both of its superior courts.
His trial in Rockingham County Superior Court is set for March 3. Currier is accused of stealing from three customers in Rockingham County between Sept. 1, 2011 and May 15, 2012. But prosecutors said in court papers that they want to introduce evidence that there are six more customers.
Currier allegedly reaped an additional $33,565 from them yet “performed no work, provided no materials and failed to refund their deposits,” according to Colgan.
Prosecutors say Currier would offer customers roofing materials to customers, and claim that he could get a better rate for it because he was doing other roofing work for a local church. But the church project was an apparent ruse, according to prosecutors.
The state’s Consumer Protection Unit at the Attorney General’s Office filed a civil lawsuit against him last spring for allegedly duping customers and not performing work he was hired for.
A judge will have to decide whether to bar Currier from citing his pending Chapter 7 bankruptcy case when he goes to trial in Rockingham County Superior Court. Court documents show that Currier filed bankruptcy records against theft charges filed against him in Merrimack County in September 2012. Those charges were later dropped by the state, and re-filed late last year.
State prosecutors are also fighting Currier’s petition for Chapter 7 bankruptcy protection, and recently asked a judge to issue a $329,584 judgment against him.
Currier could face up to 7½ to 15 years in state prison if he is convicted by a Rockingham County jury.