Bush Library

[EastStang]

For you laypeople, a nonsuit means to no longer sue. The plaintiff dismisses the suit prior to judgment. BTW lawyers - if you want to see rough and ready non-suits come to Virginia. You can non-suit anytime up until the gavel falls. So you have a trial and then Judges routinely say, "I think I'm going to rule against you on this matter and I'm going into my chambers to do a little research, so I declare a 15 minute recess". The plaintiff then yells, "nonsuit". And under Virginia law, he can refile within 6 months as a matter of right. Listen to someone who was on the cusp of winning at trial and then sees a nonsuit entered and when his attorney tells them the other side can refile, you'll hear, "You mean I spent $100,000 to defend this suit and they can come back again!"

[SMU Football Blog]

That blows.

[mrydel]

I like naked happy hour better.

[Stallion]

there is a difference between common law fraud and statutory fraud defined by the Federal Statute cited above. Statutory fraud is often less onerous to prove than commmon law fraud and its elements are defined by the statute. It arguably does fit within the statutory fraud section cited above. And what in heavens makes you think that bankruptcy fraud is rarely prosecuted. That is false. The Federal government takes a view harsh view on false bankruptcy filings and I've seen numerous situations where the US Trustee or the Federal Judge has referred a case to the Justice DDepartment. In addition to fraud the Court has certain bad faith filing remedies availiable and in fact it can deny a debtors' discharge based on proof of certain types of fraud.

[CalallenStang]

For you laypeople, a nonsuit means to no longer sue. The plaintiff dismisses the suit prior to judgment. BTW lawyers - if you want to see rough and ready non-suits come to Virginia. You can non-suit anytime up until the gavel falls. So you have a trial and then Judges routinely say, "I think I'm going to rule against you on this matter and I'm going into my chambers to do a little research, so I declare a 15 minute recess". The plaintiff then yells, "nonsuit". And under Virginia law, he can refile within 6 months as a matter of right. Listen to someone who was on the cusp of winning at trial and then sees a nonsuit entered and when his attorney tells them the other side can refile, you'll hear, "You mean I spent $100,000 to defend this suit and they can come back again!"

Lord. I think I want to practice law in Virginia

[SMU Football Blog]

there is a difference between common law fraud and statutory fraud defined by the Federal Statute cited above. Statutory fraud is often less onerous to prove than commmon law fraud and its elements are defined by the statute. It arguably does fit within the statutory fraud section cited above. And what in heavens makes you think that bankruptcy fraud is rarely prosecuted. That is false. The Federal government takes a view harsh view on false bankruptcy filings and I've seen numerous situations where the US Trustee or the Federal Judge has referred a case to the Justice DDepartment. In addition to fraud the Court has certain bad faith filing remedies availiable and in fact it can deny a debtors' discharge based on proof of certain types of fraud.

No flippin' way. Again, what is the fraud? Are you going to say the kid wasn't insolvent or didn't qualify as a debtor under Sec. 109? Are you going to say a person commits bankruptcy fraud when they file bankruptcy to avoid litigation or an unfavorable ruling? If that is the standard, then you are saying half of all BK cases are fraudulent.

And I have seen BK fraud. I begged the US attorney to prosecute a guy once. The freakin' guy claimed he went to Vegas and lost a lot (a lot) of money the week before filing bankruptcy and had absolutely no proof that he even went to Vegas (no receipts, no plane tickets, couldn't remember the hotel he stayed at). He was clearly lying on his schedules and on the stand and couldn't account for his money. Did I win my 727 nondischargeability complaint? Yes. but the US Attorney wouldn't do a darn thing.

I freakin' did this for a living before going in house. Now, this particular act, I see all the freakin' time. This is a specific act with very specific remedy. Look it up.

Edit: darn it, now I have to go look at stuff in my desk. The credit industry estimates that there is fraud in 15% of all bankruptcy cases and less than .2% of those are ever convicted. Yeah. Prosecuted all the time.

[jtstang]

Not to belabor this too much, but I thought EastStang's original proposal was to go after Vodicka for conspiracy to cause the filing of a fraudulent bankruptcy pleading. Notwithstanding whether the US Attorney would ever get involved, he is a member of the Northern District bar, and if the Court feels he is in the wrong, it could [deleted] all over his leg. That has nothing to do with the debtor at all. Of course, it would not be as fun to watch as a criminal prosecution.

And for what it's worth, the state case is in Jay Patterson's court, and he's none too fond of lawyers who don't walk the straight and narrow. He could run Vodicka through the ringer too, if he finds this was a delay tactic to prejudice the other parties.

[SMU Football Blog]

I am going to tell you guys this again, the guy didn't file a fraudulent bankruptcy pleading. There isn't anything untrue in them. They are, however, woefully deficient and the guy has until midnight today to get them up to snuff. If he lies on his schedules, then maybe there is some fraud. How do I know? It is called PACER and ECF. I read them.

[jtstang]

I am going to tell you guys this again, the guy didn't file a fraudulent bankruptcy pleading.

What guy? And how do you know there is nothing untrue in them? My only point was the Court could discipline him whether there was fraud or not, based on the allegation that he caused a bankruptcy petition to be filed in bad faith and that he planned to file two more including his own, also in bad faith. Whether or not the debtor actually met the insolvency test. Surely federal bankruptcy court has a version of Texas Rule 13.

[SMU Football Blog]

Gerry Russell Jetton, the debtor in case # 06-32418-13 (BJH) has only filed a petition and schedules and there doesn't appear on their face to be anything wrong with them, save a failure to list the lawsuit as a contingent claim or as an assett, but that isn't a big deal because the . But that is all that he's filed. So unless anybody has evidence that he is concealing assets, then there is nothing wrong with them. Jetton, the "hair stylist asssistant" (not making that up), has yet to file a plan. basically, he hasn't filed enough to lie.

As an aside, there is an application to employ special counsel (Ginsberg and Assoc., which is Vodicka's counsel) to pursue a claim against Jetton's former atty for divulging confidential information. I wonder what that is about?

Oh, and under 109, a persoon doesn't have to be insolvent to be a debtor. However, 11 USC 101((32) defines insolvent as the "balance sheet test"; if assets minus liabilities is less than zero, then he's insolvent. However, remember that you don't count exempt property as assets and in Texas, that is a lot of property. The guy, according to his schedules, is insolvent, as are most people in Texas under that standard.

[EastStang]

Of course the Federal Courts here in northern Virginia are relatively famous. They're called for good reason "the Rocket Docket". No attorney in his right mind moves a case to Federal Court (including bankruptcy) here for delay. He's in front of a jury within 6-9 months. And the Judges have this beautiful saying when an attorney requests a continuance. Motion denied. But my mother died. She'll keep. But my partner who's been working on the case had a heart attack. I see you signed the complaint as well counselor, proceed. So, it is a necessity to have local counsel in the Eastern District of Virginia or you'll suddenly be blind sided and the federal system does not allow nonsuits by right. Yes, life is good for lawyers in the state where George slept with Martha and Thomas slept with Sally and of course Robert E. Lee slept with Traveller.

[SMU Football Blog]

I thought Grant always had a "traveller?"

[friarwolf]

Enough of all this lawyerly discourse................do we get to whip out the rusty blade on this mo-fo or not?????????????

[EastStang]

I suspect the judge will make him feel some pain.

[SMU Football Blog]

Jetton didn't file his 13 plan yesterday or his statement of income, as he was required to do. The Court has the power to automatically dismiss the bankruptcy case. What a maroon.

Edit: Correction. He did file his plan and statement of income. Server problems on the Clerk's end, apparently.