The Bankruptcy case will be irrelevant by mid-July and it has little relevance now as it doesn't stay the suit between Vodicka and SMU, just the claims against the Tenant, which will not be stayed after a hearing on 7/17. The bankruptcy was filed for the sole purpose of delaying the Motion to Dismiss in the state court as evidenced by Gary Vodicka's "gift" of a 1/10 ownership interest in one of the apartment units.
Here's a taste of the Motin in BK court:
37. Perkins was another of Plaintiff’s alleged tenants. Perkins’ sworn declaration states that approximately six weeks ago Plaintiff proposed to make a ten percent (10%) “gift†to Perkins of the condominium unit leased by her from Plaintiff. Perkins was told by Plaintiff that the gift was to be made to Perkins in exchange for Perkins’ agreement to file bankruptcy when and as directed by Plaintiff for the purpose of delaying the State Suit. Perkins was told that a bankruptcy attorney would be provided for her.
38. Perkins was told by Plaintiff that he planned to have other of his tenants also serially file a succession of bankruptcies to further delay the State Court litigation. Perkins was told by Plaintiff that Debtor was to file first under Plaintiff’s direction. Perkins was to be the second to file. Perkins was informed by Plaintiff that he would be the third to file because Plaintiff’s bankruptcy would “buy the most time†and take the longest, because of Plaintiff’s assets.
39. Perkins refused to participate in Plaintiff’s proposal to file bankruptcy. Perkins was then told by Plaintiff that he would force her out of her unit by June 19, 2006. On June 20, 2006, Plaintiff entered Perkins’ unit and removed her belongings.
The bankruptcy case is in Chief Judge Hauser's court and she will not suffer these fools. Hauser will castrate these people.
Posted: Mon Jun 26, 2006 3:31 pm
