Mobile window company under criminal investigation now bankrupt, owes $1.3M+

MOBILE, Ala. (WALA) - Amid growing frustrations, Window Depot of the Gulf Coast has filed for bankruptcy just months after a FOX10 investigation uncovered questionable business practices.

The company is one of two at the center of a growing criminal investigation FOX10 Investigates has been following, along with All Weather Roofing and Construction. Mobile police are investigating more than 100 criminal cases against the two companies. As of now, no charges have been filed.

Court records filed September 1st in the U.S. Bankruptcy Court for the Southern District of Alabama show Window Depot of the Gulf Coast listed total liabilities of $1,327,215.94, with $0 in reported assets.

Among the largest creditors, according to court documents obtained by FOX10 Investigates:

• Provia, Inc. (Window Supplier): $378,341
• Merchant Advance: $178,000
• G and G Funding: $147,284
• ABC Supply, Inc.: $117,513.80
• Synchrony Bank: $115,050
• OnDeck Capital: $88,253
• Fenix Capital: $52,440
• Service Finance: $49,663

According to state filings, Ward and Theresa Fendley are the owners of the businesses.

The filing shows Theresa Fendley signed for Chapter 7 bankruptcy. Chapter 7 bankruptcy requires a court-appointed trustee to liquidate any available corporate assets to pay off creditors. However, Fendleys’ filing reveals there is literally nothing left to sell.

Instead, the petition lists a massive web of debt spread across building suppliers, merchant advance lenders, and national financial institutions, including:

• Provia, Inc. (Window Supplier): $378,341
• Merchant Advance: $178,000
• G and G Funding: $147,284
• ABC Supply, Inc.: $117,513.80
• Synchrony Bank: $115,050
• OnDeck Capital: $88,253
• Fenix Capital: $52,440
• Service Finance: $49,663

The filing also lists dozens of customers among the company’s unsecured creditors — people who say they paid for services but never received them.

The filing names Theresa Fendley as the company’s owner. Her husband, Ward Fendley, owner of All Weather Roofing, is also named in the filing as a codebtor, meaning he’s jointly liable for at least one of the company’s debts.

The largest creditor listed in the bankruptcy filing is window supplier ProVia, owed more than three hundred seventy-eight thousand dollars, a debt dating back to 2023. Back in May, ProVia told FOX10 Investigates Window Depot was no longer an active customer.

Other top creditors include a merchant advance company, G and G Funding, and ABC Supply, each owed more than one hundred thousand dollars.

This follows an extensive FOX10 News investigation into All Weather Roofing and Construction and Window Depot. Over a dozen people tell me they paid the companies hundreds of thousands of dollars and received nothing.

“Shame on you,” said Kate Morrison.

Licenses revoked

In July, the Mobile City Council unanimously voted to revoke both company’s city license. The very next day, the Alabama Home Builder Licensure Board made the same move, revoking both company’s ability to work in the entire state.

Just months ago, the business on the I-65 service road had advertising wrap. FOX10 News went by recently and the wrapping was removed. We spoke to the building’s new owner who confirmed the Fendleys no longer have their business here.

Customers frustrated

As police continue to investigate and no charges have been filed, customers like Gina Hall and Wade Whatley are becoming more frustrated.

Gina Hall first spoke to FOX10 in our initial story, saying she paid over $14,000 for new windows and received nothing. Wade Whatley says he signed a check for over $4,000 for a down payment on a new roof but never received services.

“They need to be held accountable. And why it’s taking this long to be held accountable is not understood by a lot of us,” Hall said.

Last week, I asked to speak to Mayor Spiro Cherigotis about this case. I received this quote which was attributed to the mayor. “I feel for the homeowners negatively impacted by the alleged actions of these businesses. The Mobile Police Department investigation is ongoing.”

“There’s nothing alleged about it,” Whatley said. “We were taken from. All of us. What does that do to the community? You see these reports go out there. When I saw your report came out, I was like ‘Awe man that sucks.’ When I saw the name of the company I was like ‘Oh crap, that’s me.’ It’s a never-ending story of where they are and why isn’t something being done,” said Whatley.

Hall and Whatley say they have not heard any update on MPD’s investigation.

“So why can’t someone just step forward and say this is where we’re at, this is what we’re having to do, we’re working on this, we hear you, we care about y’all. We feel like nobody cares about us,” said Gina Hall.

MPD provides update

MPD just responded to me with an update saying, “We are still waiting for more subpoena records to arrive, and once received, everything will be handed over to the DA to decide if there will be any criminal charges.”

Other creditors listed on this document include a local Baptist church, Alabama Department of Workforce, and more.

I’ve reached out to Theresa Fendley’s attorney listed on the court document but haven’t heard back.

We’ll keep digging into this.