The Cleaver Co. used the money to buy a car wash in Missouri.

According to the Kansas City Star, lawyers for The Cleaver Co. asked a judge to dismiss the case entirely, and award legal costs to the company. In contrast, Bank of America has asked the court to put the car wash into receivership, although the judge rejected that request earlier this year.

Assuming the judge does not dismiss the case, a trial is set for April 2013.

Cleaver has said previously that the legal fight is the result of a "business dispute" and that the company has been run by an outside manager. The Star noted that The Cleaver Co.'s filing does not provide any details about a business dispute, and admits that the company took out the loan.