Bankrupt Casey Anthony interviewed by KPHO CBS in Phoenix #2

[Hez]

Wasn't it Baez who made a comment about how little he was getting paid (like $3.00 an hour)? So he never submitted anything for payment...is that what we were led to believe?

Yes, he said (to the African American judge no less), that he was getting paid slave wages. :facepalm:

 

[Tulessa]

I hear you coco puff and agree with you - but here's my problem. I have difficulty with innuendos that suggest that I or someone else is supporting FCA because I see absolute statements for example that she is living in Ocean Woods, or that CA and GA rented a u-haul and moved her to Tampa without one shred of evidence to support it.

Saying it's all BS without something to substantiate it doesn't make me or anyone an FCA supporter or even close to it. Maybe it's because I'm not part of the "in" crowd so I don't get this "evidence" shared with me - who knows?

Remember back when she first got out of jail - and "we tracked" her on a private jet to California to a swank home with a big pool - had pics, but no FCA, had the address blah blah - when in fact it was Baez who was switching cars and driving her out of town? Same thing there - all rumours, no actual pics that place her there - and weren't we surprised to find her living in some tacky church addition in the middle of a church/school compound.

I'll be the first to line up and pull the plug on her given half the chance and I don't really care where she lives as long as she "gets hers". But when she does "get it" I want to know it actually happened in this dimension - give me facts, pictures, dates etc so I can actually celebrate.

In the meantime, I don't think it is at all polite to suggest that because the few who do not swim the same way as the masses that it suggests blanket FCA support.

Again, open your eyes. And it goes without saying that you were there for me when my brother and SIL was murdered. I love you with all my heart and respect you beyond comprehension! :blowkiss:

 

[ThinkTank]

AZLawyer please correct any part of this post, if I have misinterpreted this Trustee's document and/or Bankruptcy Code.

06/06/2013
Brief re: Chapter 7 Trustee's Suggestion on Procedure
Filed by Allan C Watkins on behalf of Trustee Stephen L Meininger.
(Entered: 06/06/2013)

https://docs.google.com/file/d/0B7DjeAMt_BpIUVNSaWItSWxCT00/edit?pli=1

-----------------------------------------------

Trustee says the bankruptcy judge already sustained Zenaida's Objection to Casey Anthony's Claim of EXEMPTIONS in her bankruptcy filing.

The judge still has to rule on Zenaida and Kronk's Complaints about whether or not Casey Anthony's debt can be discharged at all, or to not allow discharge on specific debts, and where the civil cases should be liquidated.

Trustee says the DEADLINE for filing Proof of Claim is June 24, 2013, and the IRS has already filed a "priority" tax claim in excess of $ 80,000.

Trustee's suggested procedure is:

First set deadline for filing actions pursuant to Code 727 and/or Code 523

Do Code 727 first and put Code 523 on hold.
should Casey not be allowed discharge of her debt entirely? thrown out?
this Bankruptcy Code gives a long list of reasons why a debt would not be discharged.
Zenaida, Kronk, TXEquuSearch would file their reasons why Casey should not be allowed to discharge her debt at all.
If Zenaida and Kronk [and TXEquuSearch] are successful with their Complaint and Casey is not allowed to discharge her debt for any reason, then there will be no need for any litigation concerning the specific reasons why Zenaida, Kronk, and TXEquuSearch should be exempted from discharge of Casey's debt to them, under Code 523.
If Casey Anthony's discharge is denied entirely, then Zenaida, Kronk, TXEquuSearch can proceed with their civil cases in State Court [like they want to].

Then - do Code 523 only if Zenaida, Kronk, TXEquuSearch do not file under Code 727, or are not successful with their Complaint to not allow Casey to discharge her debt at all, then the bankruptcy court can hear actions under Code 523 - with the specific reasons why Casey's debt to Zenaida, Kronk, TXEquuSearch should be EXEMPTED from discharge of Casey's debt to them. If Zenaida, Kronk, TXEquuSearch are successful in their actions under Code 523 - then they can go forward to liquidate their claims [their civil suits] in any forum they choose.

Code 523 deals with specific exceptions to discharge.
Zenaida wants to file a Complaint under Code 523(a)(6) stating their civil case should be excepted from the discharge pursuant to 11 U.S.C. 523(a)(6), because Casey Anthony committed willful and malicious injury to Zenaida.

523 (a) (6)
(a) A discharge under section 727, 1141, 1228 (a), 1228 (b), or 1328 (b) of this title does not discharge an individual debtor from any debt—

(6) for willful and malicious injury by the debtor to another entity or to the property of another entity;

--------------------------------------------------

http://www.law.cornell.edu/uscode/text/11/727
11 USC § 727 - Discharge
(a) The court shall grant the debtor a discharge, unless

-------------------------------------------------

http://www.law.cornell.edu/uscode/text/11/523
11 USC § 523 - Exceptions to discharge
----------------------------------------------------

 

[ZsaZsa]

AZLawyer please correct any part of this post, if I have misinterpreted this Trustee's document and/or Bankruptcy Code.

06/06/2013
Brief re: Chapter 7 Trustee's Suggestion on Procedure
Filed by Allan C Watkins on behalf of Trustee Stephen L Meininger.
(Entered: 06/06/2013)

https://docs.google.com/file/d/0B7DjeAMt_BpIUVNSaWItSWxCT00/edit?pli=1

-----------------------------------------------

Trustee says the bankruptcy judge already sustained Zenaida's Objection to Casey Anthony's Claim of EXEMPTIONS in her bankruptcy filing.

The judge still has to rule on Zenaida and Kronk's Complaints about whether or not Casey Anthony's debt can be discharged at all, or to not allow discharge on specific debts, and where the civil cases should be liquidated.

Trustee says the DEADLINE for filing Proof of Claim is June 24, 2013, and the IRS has already filed a "priority" tax claim in excess of $ 80,000.

Trustee's suggested procedure is:

First set deadline for filing actions pursuant to Code 727 and/or Code 523

Do Code 727 first and put Code 523 on hold.
should Casey not be allowed discharge of her debt entirely? thrown out?
this Bankruptcy Code gives a long list of reasons why a debt would not be discharged.
Zenaida, Kronk, TXEquuSearch would file their reasons why Casey should not be allowed to discharge her debt at all.
If Zenaida and Kronk [and TXEquuSearch] are successful with their Complaint and Casey is not allowed to discharge her debt for any reason, then there will be no need for any litigation concerning the specific reasons why Zenaida, Kronk, and TXEquuSearch should be exempted from discharge of Casey's debt to them, under Code 523.
If Casey Anthony's discharge is denied entirely, then Zenaida, Kronk, TXEquuSearch can proceed with their civil cases in State Court [like they want to].

Then - do Code 523 only if Zenaida, Kronk, TXEquuSearch do not file under Code 727, or are not successful with their Complaint to not allow Casey to discharge her debt at all, then the bankruptcy court can hear actions under Code 523 - with the specific reasons why Casey's debt to Zenaida, Kronk, TXEquuSearch should be EXEMPTED from discharge of Casey's debt to them. If Zenaida, Kronk, TXEquuSearch are successful in their actions under Code 523 - then they can go forward to liquidate their claims [their civil suits] in any forum they choose.

Code 523 deals with specific exceptions to discharge.
Zenaida wants to file a Complaint under Code 523(a)(6) stating their civil case should be excepted from the discharge pursuant to 11 U.S.C. 523(a)(6), because Casey Anthony committed willful and malicious injury to Zenaida.

523 (a) (6)
(a) A discharge under section 727, 1141, 1228 (a), 1228 (b), or 1328 (b) of this title does not discharge an individual debtor from any debt—

(6) for willful and malicious injury by the debtor to another entity or to the property of another entity;

--------------------------------------------------

http://www.law.cornell.edu/uscode/text/11/727
11 USC § 727 - Discharge
(a) The court shall grant the debtor a discharge, unless

-------------------------------------------------

http://www.law.cornell.edu/uscode/text/11/523
11 USC § 523 - Exceptions to discharge
----------------------------------------------------

It certainly sounds like they have FCA's affairs under a microscope! :clap:

 

[?noanswer]

AZLawyer please correct any part of this post, if I have misinterpreted this Trustee's document and/or Bankruptcy Code.

06/06/2013
Brief re: Chapter 7 Trustee's Suggestion on Procedure
Filed by Allan C Watkins on behalf of Trustee Stephen L Meininger.
(Entered: 06/06/2013)

https://docs.google.com/file/d/0B7DjeAMt_BpIUVNSaWItSWxCT00/edit?pli=1

-----------------------------------------------

Trustee says the bankruptcy judge already sustained Zenaida's Objection to Casey Anthony's Claim of EXEMPTIONS in her bankruptcy filing.

The judge still has to rule on Zenaida and Kronk's Complaints about whether or not Casey Anthony's debt can be discharged at all, or to not allow discharge on specific debts, and where the civil cases should be liquidated.

Trustee says the DEADLINE for filing Proof of Claim is June 24, 2013, and the IRS has already filed a "priority" tax claim in excess of $ 80,000.

Trustee's suggested procedure is:

First set deadline for filing actions pursuant to Code 727 and/or Code 523

Do Code 727 first and put Code 523 on hold.
should Casey not be allowed discharge of her debt entirely? thrown out?
this Bankruptcy Code gives a long list of reasons why a debt would not be discharged.
Zenaida, Kronk, TXEquuSearch would file their reasons why Casey should not be allowed to discharge her debt at all.
If Zenaida and Kronk [and TXEquuSearch] are successful with their Complaint and Casey is not allowed to discharge her debt for any reason, then there will be no need for any litigation concerning the specific reasons why Zenaida, Kronk, and TXEquuSearch should be exempted from discharge of Casey's debt to them, under Code 523.
If Casey Anthony's discharge is denied entirely, then Zenaida, Kronk, TXEquuSearch can proceed with their civil cases in State Court [like they want to].

Then - do Code 523 only if Zenaida, Kronk, TXEquuSearch do not file under Code 727, or are not successful with their Complaint to not allow Casey to discharge her debt at all, then the bankruptcy court can hear actions under Code 523 - with the specific reasons why Casey's debt to Zenaida, Kronk, TXEquuSearch should be EXEMPTED from discharge of Casey's debt to them. If Zenaida, Kronk, TXEquuSearch are successful in their actions under Code 523 - then they can go forward to liquidate their claims [their civil suits] in any forum they choose.

Code 523 deals with specific exceptions to discharge.
Zenaida wants to file a Complaint under Code 523(a)(6) stating their civil case should be excepted from the discharge pursuant to 11 U.S.C. 523(a)(6), because Casey Anthony committed willful and malicious injury to Zenaida.

523 (a) (6)
(a) A discharge under section 727, 1141, 1228 (a), 1228 (b), or 1328 (b) of this title does not discharge an individual debtor from any debt—

(6) for willful and malicious injury by the debtor to another entity or to the property of another entity;

--------------------------------------------------

http://www.law.cornell.edu/uscode/text/11/727
11 USC § 727 - Discharge
(a) The court shall grant the debtor a discharge, unless

-------------------------------------------------

http://www.law.cornell.edu/uscode/text/11/523
11 USC § 523 - Exceptions to discharge
----------------------------------------------------

I wonder if CA thought filing BK would be a walk in the park. Just walk in and flirt with the BK people and they would fall at her feet like the other attys. I also wonder if she is granted her petition, what she will do. Will she stay in hiding and let others support her. Once she get any book proceeds, I bet she leaves all of them in the lurch. Any proceeds she gets will be gone in short order, then where will she be.



JMO

 

[wonders]

Again, open your eyes. And it goes without saying that you were there for me when my brother and SIL was murdered. I love you with all my heart and respect you beyond comprehension! :blowkiss:

I must be as dumb as a post because I don't know what LG is supposed to open her eye's up to. Where FCA lives? BK? I just don't know. Please can you explain it to me?

 

[ThinkTank]

It certainly sounds like they have FCA's affairs under a microscope! :clap:

I agree!
Only problem I see is that Zenaida's bankruptcy attorney Mr. Shuker, has already said in previous filings that he needs the bankruptcy judge to lift the automatic stay, and allow Mr. Shuker to take her DEPOSITION before he can file any further motions or complaints about her getting her debt discharged.

There is a lot to choose from in the Bankruptcy Code 11 USC 727. in listing reasons why her bankruptcy should entirely be thrown out.
But, Mr. Shuker needs her testimony, UNDER OATH, first.

Some of the possibles I see are:

(a) The court shall grant the debtor a discharge, unless—

(2) the debtor, with intent to hinder, delay, or defraud a creditor or an officer of the estate charged with custody of property under this title, has transferred, removed, destroyed, mutilated, or concealed, or has permitted to be transferred, removed, destroyed, mutilated, or concealed—
(A) property of the debtor, within one year before the date of the filing of the petition; or
(B) property of the estate, after the date of the filing of the petition;

[NOTE: laptop comes to mind, and furniture, clothing, and money, and a vehicle, living expenses rental, utilities, bodyguard security services, cell phone carrier AT & T, computer internet service provider]

(3) the debtor has concealed, destroyed, mutilated, falsified, or failed to keep or preserve any recorded information, including books, documents, records, and papers, from which the debtor’s financial condition or business transactions might be ascertained, unless such act or failure to act was justified under all of the circumstances of the case;

[NOTE: records of gifts and donations, records of income from her attorneys or parents, bank accounts, unreported cash income from "employment" at adult entertainment cabaret]

(4) the debtor knowingly and fraudulently, in or in connection with the case—
(A) made a false oath or account;
(B) presented or used a false claim;

[NOTE: many lies in her bankruptcy filing - value of belongings, number of belongings, amount of money received, who the true Creditors are - some listed who have nothing to do with any debt and Casey Anthony such as Mark NeJame, Mark Lippman, Brad Conway, and some true Creditors left out such as P.I. Dominic Casey and P.I. Pat McKenna and Cheney Mason, Dorothy Sims, Lizbeth Fryer, Charles Greene, Andrew Chmelir, Debra Ferwerda, David Schrader, Jose Luis Garcia, John G. DeGirolamo, Michael & Michelle Walsh, Tomasita D. Crowell, and her false claim that she owes Baez $ 500,000]

(C) gave, offered, received, or attempted to obtain money, property, or advantage, or a promise of money, property, or advantage, for acting or forbearing to act; or

[NOTE: media deals for books, interview, consulting, etc]

(D) withheld from an officer of the estate entitled to possession under this title, any recorded information, including books, documents, records, and papers, relating to the debtor’s property or financial affairs;

[NOTE: laptop video diaries, audio diaries, journals, book proposals, etc]

(6) the debtor has refused, in the case—
(A) to obey any lawful order of the court, other than an order to respond to a material question or to testify;

(B) on the ground of privilege against self-incrimination, to respond to a material question approved by the court or to testify, after the debtor has been granted immunity with respect to the matter concerning which such privilege was invoked; or

(C) on a ground other than the properly invoked privilege against self-incrimination, to respond to a material question approved by the court or to testify;

[NOTE: her attorneys say she will claim the 5th and refuse to testify under oath - and her attorney Greene answered questions for her in the Meeting of the Creditors]

(7) the debtor has committed any act specified in paragraph (2), (3), (4), (5), or (6) of this subsection, on or within one year before the date of the filing of the petition, or during the case, in connection with another case, under this title or under the Bankruptcy Act, concerning an insider;

(12) the court after notice and a hearing held not more than 10 days before the date of the entry of the order granting the discharge finds that there is reasonable cause to believe that—

(B) there is pending any proceeding in which the debtor may be found guilty of a felony of the kind described in section 522 (q)(1)(A) or liable for a debt of the kind described in section 522 (q)(1)(B).

(q)
(1) As a result of electing under subsection (b)(3)(A) to exempt property under State or local law, a debtor may not exempt any amount of an interest in property described in subparagraphs (A), (B), (C), and (D) of subsection (p)(1) which exceeds in the aggregate $125,000 if—
(A) the court determines, after notice and a hearing, that the debtor has been convicted of a felony (as defined in section 3156 of title 18), which under the circumstances, demonstrates that the filing of the case was an abuse of the provisions of this title; or
(B) the debtor owes a debt arising from—
(iii) any civil remedy under section 1964 of title 18; or

(12) the court after notice and a hearing held not more than 10 days before the date of the entry of the order granting the discharge finds that there is reasonable cause to believe that—
(c)
(1) The trustee, a creditor, or the United States trustee may object to the granting of a discharge under subsection (a) of this section.
(2) On request of a party in interest, the court may order the trustee to examine the acts and conduct of the debtor to determine whether a ground exists for denial of discharge.

(12)
(d) On request of the trustee, a creditor, or the United States trustee, and after notice and a hearing, the court shall revoke a discharge granted under subsection (a) of this section if—
(1) such discharge was obtained through the fraud of the debtor, and the requesting party did not know of such fraud until after the granting of such discharge;
(2) the debtor acquired property that is property of the estate, or became entitled to acquire property that would be property of the estate, and knowingly and fraudulently failed to report the acquisition of or entitlement to such property, or to deliver or surrender such property to the trustee;
(3) the debtor committed an act specified in subsection (a)(6) of this section; or
(4) the debtor has failed to explain satisfactorily—
(A) a material misstatement in an audit referred to in section 586 (f) of title 28; or
(B) a failure to make available for inspection all necessary accounts, papers, documents, financial records, files, and all other papers, things, or property belonging to the debtor that are requested for an audit referred to in section 586 (f) of title 28.

(e) The trustee, a creditor, or the United States trustee may request a revocation of a discharge—
(1) under subsection (d)(1) of this section within one year after such discharge is granted; or
(2) under subsection (d)(2) or (d)(3) of this section before the later of—
(A) one year after the granting of such discharge; and
(B) the date the case is closed.

 

[Harmony 2]

bbm
that's against the tos. I wouldn't go there.......

bingo!!!

 

[ThinkTank]

New bankruptcy HEARING set for June 25, 2013 at 3:00 in Tampa to rule on Casey turning over computer to Trustee and to rule on Zenaida and Kronk civil suits Motions.

06/06/2013
Notice of Preliminary Hearing on Motion for Turnover of Debtor's Computer
Hearing scheduled for 6/25/2013 at 03:00 PM at Tampa, FL - Courtroom 9B, Sam M. Gibbons United States Courthouse, 801 N. Florida Avenue
(Entered: 06/06/2013)

https://docs.google.com/file/d/0B7DjeAMt_BpIZEpPR19Rak1lX1E/edit?usp=sharing

-------------------------------------------
06/06/2013
Notice of Hearing on Rulings as to:

Motion to Extend Time to file Complaint Objecting to Discharge of the Debtor or to Challenge Dischargeability of Certain Debts
Filed by R Scott Shuker on behalf of Creditor Zenaida Gonzalez;

Motion to Extend Time to object to discharge and/or dischargeability of debt
Filed by Michael Nardella on behalf of Creditor Roy Kronk;

Motion for Relief from Stay
Filed by Michael Nardella on behalf of Creditor Roy Kronk;

Motion for Relief from Stay
Filed by R Scott Shuker on behalf of Creditor Zenaida Gonzalez

Hearing scheduled for 6/25/2013 at 03:00 PM at Tampa, FL - Courtroom 9B,
Sam M. Gibbons United States Courthouse, 801 N. Florida Avenue
(Entered: 06/06/2013)

https://docs.google.com/file/d/0B7DjeAMt_BpITy10SzBnNDhGUlU/edit?usp=sharing

 

[gramcracker]

ThinkTank: the thanks button doesn't adequately express my appreciation for your many well-researched and informative posts, so I will add: You Are Amazing!

:rockon: :cheers: :dance: :loveyou:

 

[ZsaZsa]

New bankruptcy HEARING set for June 25, 2013 at 3:00 in Tampa to rule on Casey turning over computer to Trustee and to rule on Zenaida and Kronk civil suits Motions.

06/06/2013
Notice of Preliminary Hearing on Motion for Turnover of Debtor's Computer
Hearing scheduled for 6/25/2013 at 03:00 PM at Tampa, FL - Courtroom 9B, Sam M. Gibbons United States Courthouse, 801 N. Florida Avenue
(Entered: 06/06/2013)

https://docs.google.com/file/d/0B7DjeAMt_BpIZEpPR19Rak1lX1E/edit?usp=sharing

-------------------------------------------
06/06/2013
Notice of Hearing on Rulings as to:

Motion to Extend Time to file Complaint Objecting to Discharge of the Debtor or to Challenge Dischargeability of Certain Debts
Filed by R Scott Shuker on behalf of Creditor Zenaida Gonzalez;

Motion to Extend Time to object to discharge and/or dischargeability of debt
Filed by Michael Nardella on behalf of Creditor Roy Kronk;

Motion for Relief from Stay
Filed by Michael Nardella on behalf of Creditor Roy Kronk;

Motion for Relief from Stay
Filed by R Scott Shuker on behalf of Creditor Zenaida Gonzalez

Hearing scheduled for 6/25/2013 at 03:00 PM at Tampa, FL - Courtroom 9B,
Sam M. Gibbons United States Courthouse, 801 N. Florida Avenue
(Entered: 06/06/2013)

https://docs.google.com/file/d/0B7DjeAMt_BpITy10SzBnNDhGUlU/edit?usp=sharing

Bet her Pro Bono lawyers didn't plan on making representing her their career!
The plaintiffs are keeping them busy!

:floorlaugh::floorlaugh:

 

[HMSHood]

Casey Anthony is morally bankrupt. :crazy: That can also be said of Ariel Castro, Tamerlan and Dzhokhar Tsarnaev, Jodi Arias, Fred Phelps, Jerry Sandusky, Adam Lanza, Seung-Hui Cho, Osama bin Laden, etc. :crazy:

 

[ThinkTank]

06/07/2013
Memorandum of Law in support of Motion for Relief from Automatic Stay
Filed by Michael Nardella on behalf of Creditor Roy Kronk
(Entered: 06/07/2013)

https://docs.google.com/file/d/0B7DjeAMt_BpIZ096a0VEUGI4SVU/edit?usp=sharing

SUMMARY:
January 25, 2013 - Casey filed Chapter 7
At the time Kronk had an action pending in State Court - Case # 2011-CA-017051-0
Defamation case - personal injury tort
Casey was served by substitute service on the Secretary of State
Notice of Filing Affidavit of Service was filed in State Court January 23, 2013 - two days before she filed for bankruptcy

June 6, 2013 - Zenaida filed Memorandum of Law in Support of Relief from the Automatic Stay.
Zenaida is in very similar legal position as Kronk, so Kronk joins in the arguments included in the Zenaida Gonzalez Memorandum and incorporates them here.
Kronk includes additional legal authority not in Zenaida's Memorandum and further arguments regarding judicial economy

Kronk is entitled to a jury trial to determine liability and damages

Casey says Kronk's civil suit should be discharged in bankruptcy before it is liquidated [in State Court] and that is not efficient, practical or a proper exercise of jurisdiction.

The bankruptcy court cannot hear the dischargeability isssues first because proof that Casey intentionally and maliciously injured Kronk by illegally discriminating against him, necessitates proving the underlying discrimination allegations [in State Court civil lawsuit], which the bankruptcy court does not have jurisdiction to hear.
Case law says the bankruptcy court cannot liquidate the discrimination claim, and the defamation claim must be liquidated before the bankruptcy court can hear the dischargeability issue.

Casey wants the dischargeability ruled on, before the civil case is liquidated in State Court, but that would require the bankruptcy court to determine whether Kronk has a valid claim at all. Casey wants this determination made in the dischargeability arena, but a far more appropriate forum with uncontroversial jurisdiction [State Court], can make that determination by Casey merely filing a motion to dismiss for failure to state a cause of action.

If Casey is right, and Kronk has no valid cause of action, then she will receive the swiftest relief in State Court where all she need do is file a motion and have it heard.

If Casey is wrong, and Kronk does have a valid defamation claim, then Casey will have to litigate it regardless of the forum and will not be able to avoid the expense, to extent it's not pro bono already.

Casey can use summary procedures in either forum, whether by motion to dismiss or motion for summary judgment, but she will get summary relief, if she is entitled to it all, much faster in State Court.

If Casey is unsuccessful in obtaining a quick resolution on the papers, however, the case will need to proceed to trial.

If the case does proceed to trial, Casey has already indicated that she will refuse to testify based on the Fifth Amendment. As the bulk of the other witnesses and parties who would be participating are in Orlando, it would be far less economical to hold such proceedings in the forum of Casey's choice, when Casey has stated she will not even personally participate.

Kronk asks the bankruptcy judge to enter an Order granting relief from stay for the limited purpose of letting Kronk seek a judgement of liability and liquidated damages in the State Court civil suit against Casey, and to extend the time for Kronk to file any discharge or dischargeability actions until after the defamation claim is liquidated in State Court.

 

[?noanswer]

06/07/2013
Memorandum of Law in support of Motion for Relief from Automatic Stay
Filed by Michael Nardella on behalf of Creditor Roy Kronk
(Entered: 06/07/2013)

https://docs.google.com/file/d/0B7DjeAMt_BpIZ096a0VEUGI4SVU/edit?usp=sharing

SUMMARY:
January 25, 2013 - Casey filed Chapter 7
At the time Kronk had an action pending in State Court - Case # 2011-CA-017051-0
Defamation case - personal injury tort
Casey was served by substitute service on the Secretary of State
Notice of Filing Affidavit of Service was filed in State Court January 23, 2013 - two days before she filed for bankruptcy

June 6, 2013 - Zenaida filed Memorandum of Law in Support of Relief from the Automatic Stay.
Zenaida is in very similar legal position as Kronk, so Kronk joins in the arguments included in the Zenaida Gonzalez Memorandum and incorporates them here.
Kronk includes additional legal authority not in Zenaida's Memorandum and further arguments regarding judicial economy

Kronk is entitled to a jury trial to determine liability and damages

Casey says Kronk's civil suit should be discharged in bankruptcy before it is liquidated [in State Court] and that is not efficient, practical or a proper exercise of jurisdiction.

The bankruptcy court cannot hear the dischargeability isssues first because proof that Casey intentionally and maliciously injured Kronk by illegally discriminating against him, necessitates proving the underlying discrimination allegations [in State Court civil lawsuit], which the bankruptcy court does not have jurisdiction to hear.
Case law says the bankruptcy court cannot liquidate the discrimination claim, and the defamation claim must be liquidated before the bankruptcy court can hear the dischargeability issue.

Casey wants the dischargeability ruled on, before the civil case is liquidated in State Court, but that would require the bankruptcy court to determine whether Kronk has a valid claim at all. Casey wants this determination made in the dischargeability arena, but a far more appropriate forum with uncontroversial jurisdiction [State Court], can make that determination by Casey merely filing a motion to dismiss for failure to state a cause of action.

If Casey is right, and Kronk has no valid cause of action, then she will receive the swiftest relief in State Court where all she need do is file a motion and have it heard.

If Casey is wrong, and Kronk does have a valid defamation claim, then Casey will have to litigate it regardless of the forum and will not be able to avoid the expense, to extent it's not pro bono already.

Casey can use summary procedures in either forum, whether by motion to dismiss or motion for summary judgment, but she will get summary relief, if she is entitled to it all, much faster in State Court.

If Casey is unsuccessful in obtaining a quick resolution on the papers, however, the case will need to proceed to trial.

If the case does proceed to trial, Casey has already indicated that she will refuse to testify based on the Fifth Amendment. As the bulk of the other witnesses and parties who would be participating are in Orlando, it would be far less economical to hold such proceedings in the forum of Casey's choice, when Casey has stated she will not even personally participate.

Kronk asks the bankruptcy judge to enter an Order granting relief from stay for the limited purpose of letting Kronk seek a judgement of liability and liquidated damages in the State Court civil suit against Casey, and to extend the time for Kronk to file any discharge or dischargeability actions until after the defamation claim is liquidated in State Court.

Which comes first, chicken or egg? I wonder if the BK Judge/Trustee has even seen a case as complicated as this. Who would have ever thought, a little nobody like CA could cause this much angst to so many people. Course she has been doing it for a long time.

It would be nice if JB could be held accountable for slandering Kronk. I think it sucks that a lawyer can say things like that in a courtroom and get away with it.

JMO

 

[logicalgirl]

Well it looks like I going to be the party pooper here again but I think we are setting our hopes too high.

The issue or problem I see here is that Zenaida, Kronk and Tim Miller don't actually have claims - do they? They don't have judgements settled in court. They have lawyers and a hope and a prayer that they will get a judgement so they are asking for their "hopes for a claim" to not be included in any discharge.

All of this below is IMO just standard due diligence when someone opposes a discharge or asks for an exception and i unfortunately don't see them meeting the standard for any of this.

Trustee's suggested procedure is:

First set deadline for filing actions pursuant to Code 727 and/or Code 523

Do Code 727 first and put Code 523 on hold.
should Casey not be allowed discharge of her debt entirely? thrown out?
this Bankruptcy Code gives a long list of reasons why a debt would not be discharged.
Zenaida, Kronk, TXEquuSearch would file their reasons why Casey should not be allowed to discharge her debt at all.
If Zenaida and Kronk [and TXEquuSearch] are successful with their Complaint and Casey is not allowed to discharge her debt for any reason, then there will be no need for any litigation concerning the specific reasons why Zenaida, Kronk, and TXEquuSearch should be exempted from discharge of Casey's debt to them, under Code 523.
If Casey Anthony's discharge is denied entirely, then Zenaida, Kronk, TXEquuSearch can proceed with their civil cases in State Court [like they want to].

Then - do Code 523 only if Zenaida, Kronk, TXEquuSearch do not file under Code 727, or are not successful with their Complaint to not allow Casey to discharge her debt at all, then the bankruptcy court can hear actions under Code 523 - with the specific reasons why Casey's debt to Zenaida, Kronk, TXEquuSearch should be EXEMPTED from discharge of Casey's debt to them. If Zenaida, Kronk, TXEquuSearch are successful in their actions under Code 523 - then they can go forward to liquidate their claims [their civil suits] in any forum they choose.

Code 523 deals with specific exceptions to discharge.
Zenaida wants to file a Complaint under Code 523(a)(6) stating their civil case should be excepted from the discharge pursuant to 11 U.S.C. 523(a)(6), because Casey Anthony committed willful and malicious injury to Zenaida.

523 (a) (6)
(a) A discharge under section 727, 1141, 1228 (a), 1228 (b), or 1328 (b) of this title does not discharge an individual debtor from any debt—

(6) for willful and malicious injury by the debtor to another entity or to the property of another entity;

--------------------------------------------------

http://www.law.cornell.edu/uscode/text/11/727
11 USC § 727 - Discharge
(a) The court shall grant the debtor a discharge, unless

-------------------------------------------------

http://www.law.cornell.edu/uscode/text/11/523
11 USC § 523 - Exceptions to discharge

If anyone has any information that in fact filing (an intention) to proceed with a claim in clivil court before it is heard and awarded a judgement is an actual claim - then please step up because this frustration is making me slightly nuts.

As well - as I understand it - the fraud angle has to meet the legal definition of fraud or have been found guilty of fraud in any of the transactions before the BK court. And I don't see how the Trustee has time to get a fraud judgement before the 25th of June.:banghead:

So....I think that unfortunately she's going to slide on this. At least we know the actual undischargable's will stick - from the IRS etc. :moo:
:truce:

 

[?noanswer]

So....I think that unfortunately she's going to slide on this. At least we know the actual undischargable's will stick - from the IRS etc. :moo:
:truce:

Snipped for space.

I too think the BK will be approved eventually. At least she, or her unpaid attys., have had to do more work than I think they had envisioned.

Even tho she gets BK approved, what then. Will she miraculously show her self in public or stay in hiding. How long will it be before her "novel" is ready for sale? Will she sell very many copies? I don't think so. Anyone that wants to know the gist of what she writes about will be able to learn thru the media. If there are those that want to do her harm now, I think BK approval just might add a little more fuel to their fire.

JM

 

[logicalgirl]

Snipped for space.

I too think the BK will be approved eventually. At least she, or her unpaid attys., have had to do more work than I think they had envisioned.

Even tho she gets BK approved, what then. Will she miraculously show her self in public or stay in hiding. How long will it be before her "novel" is ready for sale? Will she sell very many copies? I don't think so. Anyone that wants to know the gist of what she writes about will be able to learn thru the media. If there are those that want to do her harm now, I think BK approval just might add a little more fuel to their fire.

JM

Yes - over and over and over again for the last month or so we have been looking at BK motions and responses to BK motions - and I wonder if we are forgetting that we are looking at moral issues in our questioning rather than actual legal issues.

Really this is what this whole case since Caylee was murdered - we have been outraged about what should be from a moral view instead of the very unfortunate legal view.

And we know if FCA was being judged from a moral point of view - she would be serving at least LWOP for her crimes.

And in her BK application, the same thing. We believe Zenaida, Kronk and Tim Miller have a genuine claim against her for what we believe are malicious and deliberate actions against them. But these claims are just that - claims. Legally I don't think ian ntent to claim can be set an actual dollar value if there hasn't been a court judgement claimed against her. It's all been timing and legally I suspect this is too little too late.

I'd sure be overjoyed to be proven wrong.

And as ?noanswer has said - what then? How will her "coming out" be handled by the public? We know the public is pretty darned fickle no matter how infamous someone is. Will anyone care what colour her hair is or how fat she is?

I know when I will care what she says or does. The next time she is in front of a judge for another crime she's committed. Based on who she is and how she operates, it's a given it will happen. IMO

 

[?noanswer]

Yes - over and over and over again for the last month or so we have been looking at BK motions and responses to BK motions - and I wonder if we are forgetting that we are looking at moral issues in our questioning rather than actual legal issues.

Really this is what this whole case since Caylee was murdered - we have been outraged about what should be from a moral view instead of the very unfortunate legal view.

And we know if FCA was being judged from a moral point of view - she would be serving at least LWOP for her crimes.

And in her BK application, the same thing. We believe Zenaida, Kronk and Tim Miller have a genuine claim against her for what we believe are malicious and deliberate actions against them. But these claims are just that - claims. Legally I don't think ian ntent to claim can be set an actual dollar value if there hasn't been a court judgement claimed against her. It's all been timing and legally I suspect this is too little too late.

I'd sure be overjoyed to be proven wrong.

And as ?noanswer has said - what then? How will her "coming out" be handled by the public? We know the public is pretty darned fickle no matter how infamous someone is. Will anyone care what colour her hair is or how fat she is?

I know when I will care what she says or does. The next time she is in front of a judge for another crime she's committed. Based on who she is and how she operates, it's a given it will happen. IMO

BBM

You are absolutely correct on that point. Before she was charged with Caylee's murder, she was enabled by her parents. Since she was acquitted, she has been enabled by one attorney or another. AFAIK, she has not done anything to change her life to a different course.

JMO

 

[ExpectingUnicorns]

Yes - over and over and over again for the last month or so we have been looking at BK motions and responses to BK motions - and I wonder if we are forgetting that we are looking at moral issues in our questioning rather than actual legal issues.

Really this is what this whole case since Caylee was murdered - we have been outraged about what should be from a moral view instead of the very unfortunate legal view.

And we know if FCA was being judged from a moral point of view - she would be serving at least LWOP for her crimes.

And in her BK application, the same thing. We believe Zenaida, Kronk and Tim Miller have a genuine claim against her for what we believe are malicious and deliberate actions against them. But these claims are just that - claims. Legally I don't think ian ntent to claim can be set an actual dollar value if there hasn't been a court judgement claimed against her. It's all been timing and legally I suspect this is too little too late.

I'd sure be overjoyed to be proven wrong.

And as ?noanswer has said - what then? How will her "coming out" be handled by the public? We know the public is pretty darned fickle no matter how infamous someone is. Will anyone care what colour her hair is or how fat she is?

I know when I will care what she says or does. The next time she is in front of a judge for another crime she's committed. Based on who she is and how she operates, it's a given it will happen. IMO

Terrific discernement, LG, about the conflict between legal and moral guilt.

I will continue to rail about the moral injustice at every opportunity. The fact that the legal view gives her a nod does not excuse anything for me and I refuse to lay down my indignation just because of a hole in our legal system. I still care so much that I almost feel injured, myself, ~ hoping and praying that our legal system will, at some point, earn its right in this case, to be called our "justice system."

I think someone, eons ago, had a very germane prediction of our current phase; I believe it was said that misguided leaders will call "evil good, and good evil" and that "nothing is covered that will not be revealed." So I agree with you that she will ultimately be caught but I remain hopeful that it is before she ruins any more lives.

I remain hopeful, in spite of all loopholes, that there will be some miracle so that she is stopped before she abuses or kills anyone else. All I have to pin my hopes on, right now, seems to be the bk trustee. LOL, I pray for him every night.

 

[logicalgirl]

Terrific discernement, LG, about the conflict between legal and moral guilt.

I will continue to rail about the moral injustice at every opportunity. The fact that the legal view gives her a nod does not excuse anything for me and I refuse to lay down my indignation just because of a hole in our legal system. I still care so much that I almost feel injured, myself, ~ hoping and praying that our legal system will, at some point, earn its right in this case, to be called our "justice system."

I think someone, eons ago, had a very germane prediction of our current phase; I believe it was said that misguided leaders will call "evil good, and good evil" and that "nothing is covered that will not be revealed." So I agree with you that she will ultimately be caught but I remain hopeful that it is before she ruins any more lives.

I remain hopeful, in spite of all loopholes, that there will be some miracle so that she is stopped before she abuses or kills anyone else. All I have to pin my hopes on, right now, seems to be the bk trustee. LOL, I pray for him every night.

Thank you for those beautiful bold words ExpectingUnicorns. I'm standing right there beside you and those thoughts.