So, if the court asks about assets such as jewelry and clothes value are you saying they only go by income as defined for tax purposes? Or are they interested in all items of value owned by a claimant?
BBM
No. Zoey asked if the gifts were taxable (to Casey). Rossva explained that they were not. You replied to Rossva that the gifts were still income to Casey. So I clarified that they were still not taxable income.
As for the BK, she does need to declare gift income--and she has, although quite vaguely. IMO she will have to give a better estimate of the amount of the gifts at the Meeting of Creditors. IMO there will also be some close questioning (if the creditors' attorneys are doing their jobs) about any money or property being held for her or promised to her at some future time.
I will think of some more examples of where Baez lied in court and defense attorneys on NG show mainly, but also others leaped to his defense...
said in effect he's just doing his job, he's not under oath.
The one that pops into my mind tonight is the lie he told the court that
triggered Brad Conway's complaint to the Florida Bar. He clearly lied, was
reported and I am still waiting for the Florida Bar to do anything about that.
The first lie I recall of Mason's was him telling Judge Perry there was a holdup due to the transcription service changing their fees and no longer agreeing to the JCA rates. The indignant owner of that company wrote to the court telling them he would never have agreed to those rates and Mason knew better. Did Judge Perry do anything about that lie? The panel comments I heard that night were excused as "Mason was clumsy about that"...
Brad Conway was certainly the more credible of the two attorneys in that situation. But I don't remember any attorney saying JB was just doing his job by lying about Conway in court. I remember everyone saying that, if Conway was correct, what JB did was absolutely not OK and should be addressed by the Florida Bar.
If Mason lied about the transcription company agreeing to the JCA rates, then that was not OK either. I don't remember any attorney saying it would have been OK or "just doing his job" to lie about that. Perhaps the panelists did not want to outright declare that he lied, since there was no way to know for sure which one of them was telling the truth, whether Mason was just repeating what he was told by staff, etc.
Just to clear up a little information.
According to this map,
there are three Federal districts: Northern, Middle and Southern.
Each district is subdivided into Divisions.
The Middle District has four Divisions: Jacksonville, Tampa, Orlando and Ft. Myers. There is a bankruptcy courthouse in each Division.
This site goes into more detail about how to determine where to file.
The point on this link I wanted to stress is
all bankruptcy is Federal law, not State law.
I assume by that it will be a Federal judge and not a State one.
Also, does she have to appear and/or testify at any of the hearings?
http://www.bankruptcylawhelp.com/Bankruptcy/Bankruptcy-Residency-Requirements.aspx
Yes, she will have to appear and answer questions at the Meeting of Creditors, and also at a 2004 Exam if any creditor requests one (and ZG's attorneys surely will). I'm sure she'll ask to appear by Skype lol.
She hired him in July 2008 and signed a Retainer Agreement in March 2009? 8 months later?
AZ does that happen often? unless March 2009 was a new agreement? I thought they had one dating back to July 2008
The article says she signed a statement ABOUT her retainer agreement in March 2009. She probably signed the retainer agreement back in July 2008.
ThinkTank Posted she filed in the TAMPA Division of the Middle District of Florida
http://media.cmgdigital.com/shared/news/documents/2013/01/26/CASEY_ANTHONY_BANKRUPTY_FILING.pdf
Also, according the the documents her Bankruptcy lawyer is in St Petersburg, FL
I guess as long as you File in the correct DISTRICT it may not matter which Division in that District you chose.
The Middle District of Florida cares which division you choose, and will transfer your case if you file in the wrong division. Local Rule 1071-1(d).
She filed in the Tampa Division, which covers Hardee, Hernando, Hillsborough, Manatee, Pasco, Pinellas, Polk and Sarasota Counties. I guess she must have filed there based on having lived there for most of the past 180 days, because if she had filed based on where her primary assets were located (the Hopespring bedroom furniture lol), she would have filed in the Orlando Division.
WFTV interviews Matt Morgan re Zenaida's case - he feels confident it will not be discharged with the bankruptcy!
http://www.wftv.com/news/news/casey-anthony-files-bankruptcy/nT7gz/
Matt Morgan says that thier lawsuit is exempt from bankruptcy. He says that thier case is an intentional tort claim and it is exempt from bankruptcy.
http://www.wftv.com/videos/news/raw-video-zenaida-gonzalezs-attorney-talks-to-wftv/vpK6Y/
He's probably right about that, assuming that his client can prove any damages.
Just because you file for bankruptcy doesn't mean the judge automatically will grant it. No way will they forgive an IRS debt. They could put it as uncollectable, but if she ever makes any money it will need to be paid back. IMO also I don't think they will forgive the money she owes the city, they will probably make her file a chapter 7 (a liquidation) and if she makes any money in the future it will be applied toward her debts. As far as the civil suit, she hasn't won or lost that but if Gonzalez wins she can file a judgement that will be good for 10 yrs and then she can refile for another 10 yrs. So far the only one ironically, that may not get any money is Baez. He will probably make her give her rights to him and he will get his money back. So now what she has done is put the government on her back, for the rest of her life. Bad move IMO.
She may be able to get out of the IRS debt as it is more than 3 years old. Probably that's why they waited so long to file the petition.
She already did file a Chapter 7, BTW.
I don't know if its been answered or not...but rumor has she was paid $500,000. for interview/pics whatever (of course in installments) but wouldn't the bankruptcy court be interested in that income???????
She would of course have to declare it if it were true.
I beleive one of the reasons for the bankruptcy is she does not want to speak at the trial,they are fighting that tooth and nail,she wants to sell that story,it will be told for free,hoorah,and she is not likeing that,although, I don't think,she is marketable, her team,(lol,lol) are hoping, Another thing who poses with their client like that,what lawyer,people file everday for bankruptcy they are not posing with their lawyers all over their local paper,if anything folks don't want the world to know they filed. They are all deranged if they think the public is that gullible,Yeah me thinks we will see Karma Unfold,slowly at first,then BAM..no comments on looks,but yes she looks like her mother,I always thought so
BBM
The BK filing will have no effect on whether or not she has to testify.