RIP Rick Namey - Rick Namey Guest/Letter to Trustee

[Frigga]

... only in Anthonyland! Sigh.

 

[Tricia]

... only in Anthonyland! Sigh.

Is that the truth!!

 

[FLmom777]

Now the bankruptcy trustee has ordered records from tmz, lippman and one other regarding the Caylee foundation funds as well as money paid to or on behalf of fca or her agents etc. I hope they are able to pin something down on any of them.

 

[watcher9]

Now the bankruptcy trustee has ordered records from tmz, lippman and one other regarding the Caylee foundation funds as well as money paid to or on behalf of fca or her agents etc. I hope they are able to pin something down on any of them.

Wow!
Is this for real?

 

[FLmom777]

Wow!
Is this for real?

Yes. I can't link it from my phone but I did see the info from the docket from 8/28/2014. They are for Lippman, tmz and E! Entertainment. Hopefully somebody can get the link on +ere

 

[skbsoccermom]

http://www.cnn.com/2010/CRIME/03/17/florida.casey.anthony.broke/

Even though in the motion for Indigent Status for Costs they stated to the court that Casey had received NO INCOME during the time she was in jail yet Casey (via Baez) was paid for selling photos/videos to ABC

Baez was paid $89,000 out of the $200,000 ABC money
Andrea Lyon was paid $22,500 out of the ABC money as well. (iirc she said the funds went to cover costs)
The money that was supposed to pay Lyon's legal fees was used to cover costs and Lyon was appearing pro bono

Even the JAC had severe concerns regarding declaring her indigent for costs

Baez, iirc, was being paid some small amount for representing her..(I seem to remember at one pre-trial hearing he made inappropriate comment in Judge Perry's court room about being paid Slave Wages and the Pot calling the Kettle Black....sheesh)


"Anthony's lead attorney, Jose Baez, and Chicago death penalty attorney Andrea Lyon said in a four-page motion that they are not asking the state to pay their legal fees. They asked for assistance with fees for the service of subpoenas, investigations, travel, experts to interpret forensic evidence, expert witness fees and the cost of depositions."

Also,She did not list her debts or liabilities in the Application/Motion/Affidavit

I am wondering if this hole or grey area could be where the sudden appearance of the $500,000 bill from Baez comes in...they only asked that she be Indigent for COSTS and she didn't specify any debts or liabilities....

:moo:

In regards to the $89,000 baez was paid, wasn't there a signed agreement between him and FCA stating that this is the only amount of money he will receive from her? I thought that's why everyone was so outraged when he filed that $500,000 bill with the bankruptcy court. I believe fca even testified in the deposition that she didn't believe she owed him any money, so how is he getting away with this?

 

[ZsaZsa]

Here are the docs filed by the Bankruptcy trustees.

For information from Lippman re the Caylee Anthony fund-

https://docs.google.com/file/d/0B7DjeAMt_BpIazNzZVU4YW02Wm8/edit

For information from TMZ -

https://docs.google.com/file/d/0B7DjeAMt_BpIVmN2UWlJa0RKYmc/edit

For information from E Entertainment -

https://docs.google.com/file/d/0B7DjeAMt_BpITWNXdlJ2V04zSnM/edit

I wonder if these searches are related to Rick Namey's information?

 

[ZsaZsa]

In regards to the $89,000 baez was paid, wasn't there a signed agreement between him and FCA stating that this is the only amount of money he will receive from her? I thought that's why everyone was so outraged when he filed that $500,000 bill with the bankruptcy court. I believe fca even testified in the deposition that she didn't believe she owed him any money, so how is he getting away with this?

Yes, here is the document. http://media.trb.com/media/acrobat/2010-07/55220170.pdf No expectation of any further payment. This doc asks Florida to take over her legal expenses, which was granted. I have sent this to the Bankruptcy trustees, no idea if they have acted on it or not..

 

[RR0004]

Here are the docs filed by the Bankruptcy trustees.

For information from Lippman re the Caylee Anthony fund-

https://docs.google.com/file/d/0B7DjeAMt_BpIazNzZVU4YW02Wm8/edit

For information from TMZ -

https://docs.google.com/file/d/0B7DjeAMt_BpIVmN2UWlJa0RKYmc/edit

For information from E Entertainment -

https://docs.google.com/file/d/0B7DjeAMt_BpITWNXdlJ2V04zSnM/edit

I wonder if these searches are related to Rick Namey's information?

Thanks, Zsa Zsa! I was having trouble accessing webpages on the Court website. I have to say by the looks of the docs, they have a slim chance of being addressed. I doubt any of these folks will hand over business records...will be shocked if they do. I wonder why the trustee didn't request an itemized receipt from Mr. Baez and ask for an explanation as to why he feels entitled to claim this "debt". That would be easy enough, don't ya think?

 

[gramcracker]

guessing that someone is feeling so frushtrated

bummer

at last, something isn't just automatically going her way

 

[strawberry]

guessing that someone is feeling so frushtrated

bummer

at last, something isn't just automatically going her way

yep she thought this bankruptcy would be open and shut. How long has it been now?

 

[Intermezzo]

In regards to the $89,000 baez was paid, wasn't there a signed agreement between him and FCA stating that this is the only amount of money he will receive from her? I thought that's why everyone was so outraged when he filed that $500,000 bill with the bankruptcy court. I believe fca even testified in the deposition that she didn't believe she owed him any money, so how is he getting away with this?

YES, the Motion for Indigent Status was submitted with the Application for Indigent Status AND an Affidavit signed by her

Here it is
http://media.trb.com/media/acrobat/2010-07/55220170.pdf

 

[gramcracker]

I was looking for something re a fixed time limit/how long the process takes. didn't find anything beyond general references that Ch7 can be/often is discharged within a few months
_ _ _ _ _ _ _

Once your debts are erased in a bankruptcy discharge, you don't have to pay them. Creditors can't call you or try to collect on the debts. The debts are gone!

Don't get too excited. You must be open and honest with the court, otherwise laws allow the discharge to be revoked or reversed if the discharge was obtained through fraud or dishonesty.
http://bankruptcy.lawyers.com/bankruptcy-basics/relief-revoked-losing-bankruptcy-benefits.html



5.9.6.1.2 (04-01-2006)

The Trustee

3. Trustee Responsibilities. The responsibility of collecting assets of the estate, which may include converting property to cash, avoiding unperfected liens, and setting aside preferential, fraudulent, and/or unauthorized transfers, falls to the trustee. If the business of the debtor is authorized to continue operating under 11 USC § 721, the trustee may, without notice or hearing, sell or lease property of the estate in the ordinary course of business. The trustee:

A. examines claims of creditors and objects to those claims when appropriate;

B. is charged with investigating the finances of the debtor;

C. files tax returns for the estate when required and pays taxes if due;

D. may object to a debtor's receiving a discharge if the debtor is uncooperative, found hiding assets, or is otherwise interfering with the effective administration of the case; and

E. must file a final report with the court and the United States Trustee at the conclusion of the case (any creditor, including the IRS, may object to this report).

4. Trustee Responsibilities under BAPCPA. In addition to the duties listed in paragraph (3) above, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) has given trustees the following duties for Chapter 7 cases filed on or after October 17, 2005.

A. Presumption of Abuse. The US trustee is obligated, in the case of an individual who files Chapter 7 bankruptcy, to review all materials the debtor has filed and, not later than 10 days after the first meeting of creditors, file a statement with the court stating if a debtor's case is presumed to be an abuse of Chapter 7 under the means test described in paragraph (b) below. The court must supply a copy of that statement to all creditors within five days. Within 30 days of the US trustee's filing a statement that the presumption of abuse arises, (s)he must file a motion for conversion or dismissal or file a statement explaining why (s)he does not think filing such a motion is appropriate.

Note:
The debtor's attorney's signature on bankruptcy cases filed on or after October 17, 2005, constitutes certification the filing is well founded in fact, is warranted by existing law, and is not an abuse of the bankruptcy process. The court may assess civil penalties against the attorney if it finds the attorney was negligent in his investigation into the circumstances of the bankruptcy. (See Rule 9011, Federal Rules of Bankruptcy Procedure.)
http://www.irs.gov/irm/part5/irm_05-009-006.html



Bankruptcy Dismissal
http://thismatter.com/money/credit/bankruptcy/dismissal.htm



How long does the bankruptcy process take before debts are discharged?
http://resources.lawinfo.com/bankruptcy/how-long-does-the-bankruptcy-process-take-bef.html

 

[RR0004]

YES, the Motion for Indigent Status was submitted with the Application for Indigent Status AND an Affidavit signed by her

Here it is
http://media.trb.com/media/acrobat/2010-07/55220170.pdf

But, IIRC someone raised the question/point- would she have been eligible for Ch 7 if Baez hadn't submitted this bill?

 

[ZsaZsa]

But, IIRC someone raised the question/point- would she have been eligible for Ch 7 if Baez hadn't submitted this bill?

It does make it look a lot more convincing doesn't it? How could the poor girl ever be expected to repay such a hefty amount??
Baez shows up with a hefty bill even though documents show she owes nothing!

 

[RR0004]

It does make it look a lot more convincing doesn't it? How could the poor girl ever be expected to repay such a hefty amount??
Baez shows up with a hefty bill even though documents show she owes nothing!

Now that I did a little bit of research, I think I was making the wrong assumption that a certain amount of debt needed to be met to file Ch7...but I don't think that's the case. Still interestig that Baez felt a need to help his gal out that way.

 

[ohreally]

I sure hope the trusty is going to follow through with these letters. IIRC the TMZ pictures were rumored to been bought from Splash. So of course TMZ is not going to show a payment to Casey or any of her agents. They need to keep following the money trail for the pics all the way from TMZ to the photographer. Will they??? Same with Lippman and E. There is not going to be any direct payments to Casey or agents. They need to follow the money trail till the end.

 

[wonders]

This pack of wasted bones, blood and flesh will never have their feet held to the fire, ever.
The worst has happened already and the killer got away with it scot free.
Seems to me that all it was then and now is greed.
Sorry, but that's the way I feel about this pack of crooks, liars and thieves.
:banghead:

 

[gramcracker]

Now that I did a little bit of research, I think I was making the wrong assumption that a certain amount of debt needed to be met to file Ch 7...but I don't think that's the case. Still interesting that Baez felt a need to help his gal out that way.

correct. that is one side of the coin. but, a certain amount of debt was needed to keep her out of the Ch 13 category. that's the other side of the coin, and that's how the pieces of the puzzle fit together. JB's 500k was overkill/more than required but still necessary to CA's cause. BK courts use the applicant's circumstances to determine that the correct category of BK was filed so that debtors are not defrauded. the courts want you to pay your debts, unless the total reaches a certain amount where it is determined that paying it is impossible. JB put CA in the impossible category

the two types of personal BK are Ch 7 (total forgiveness of debt) and Ch 13 (living on a court-determined budget while paying off creditors)

the main factors for deciding which of the two types of BK to use are the amount of debt and the amount of income

Who can use Chapter 13?

Chapter 13 is available to those borrowers with regular income who have less than $307,675 in unsecured debts (such as credit cards) ...

http://www.americanbar.org/groups/p...aw_issues_for_consumers/bankruptcy13_who.html

CA's debt at last count IIRC was about $292,000 and that obviously is less than the $307,675 ceiling at the time she filed. (that amount is adjusted for inflation and currently is $383,175)

because she had/has no intention of paying anything to anyone she needed to inflate her debt to an amount above $307,675 so she would qualify for no-payback Ch 7 instead of the payback Ch 13 option: another piece of the puzzle

the difference was $15,675 so JB could've put her over the top by claiming that she owed him $20,000 but this bunch thinks large so they went with the $500,000

another Ch 13 requirement is sufficient income to live on and sufficient disposable income to fulfill the payment plan. CA did not declare Ch 13 because she did not/does not intend to declare an income from any source: another piece of the puzzle

Ch 11 is generally used by businesses/partnerships so that the entity is given a chance to survive by re-organizing its debt. individuals can use Ch 11 in certain circumstances but it still is a payback/reorganization process and therefore distasteful to Miss Thang. businesses are not eligible for Ch 13

It is a common misconception that you cannot get rid of tax debts in Chapter 7 bankruptcy. This is not true. You can discharge (wipe out) income tax debts if they meet the qualifications, limitations, and restrictions laid out below.

http://www.nolo.com/legal-encyclopedia/tax-debt-chapter-7-bankruptcy.html

You can discharge (wipe out) debts for federal income taxes in Chapter 7 bankruptcy only if all of the following conditions are true:

http://www.nolo.com/legal-encyclopedia/bankruptcy-tax-debts-eliminating-29550.html

federal tax debt is a priority creditor in Ch 13: another piece of the puzzle

 

[RR0004]

correct. that is one side of the coin. but, a certain amount of debt was needed to keep her out of the Ch 13 category. that's the other side of the coin, and that's how the pieces of the puzzle fit together. JB's 500k was overkill/more than required but still necessary to CA's cause. BK courts use the applicant's circumstances to determine that the correct category of BK was filed so that debtors are not defrauded. the courts want you to pay your debts, unless the total reaches a certain amount where it is determined that paying it is impossible. JB put CA in the impossible category

the two types of personal BK are Ch 7 (total forgiveness of debt) and Ch 13 (living on a court-determined budget while paying off creditors)

the main factors for deciding which of the two types of BK to use are the amount of debt and the amount of income


http://www.americanbar.org/groups/p...aw_issues_for_consumers/bankruptcy13_who.html

CA's debt at last count IIRC was about $292,000 and that obviously is less than the $307,675 ceiling at the time she filed. (that amount is adjusted for inflation and currently is $383,175)

because she had/has no intention of paying anything to anyone she needed to inflate her debt to an amount above $307,675 so she would qualify for no-payback Ch 7 instead of the payback Ch 13 option: another piece of the puzzle

the difference was $15,675 so JB could've put her over the top by claiming that she owed him $20,000 but this bunch thinks large so they went with the $500,000

another Ch 13 requirement is sufficient income to live on and sufficient disposable income to fulfill the payment plan. CA did not declare Ch 13 because she did not/does not intend to declare an income from any source: another piece of the puzzle

Ch 11 is generally used by businesses/partnerships so that the entity is given a chance to survive by re-organizing its debt. individuals can use Ch 11 in certain circumstances but it still is a payback/reorganization process and therefore distasteful to Miss Thang. businesses are not eligible for Ch 13


http://www.nolo.com/legal-encyclopedia/tax-debt-chapter-7-bankruptcy.html


http://www.nolo.com/legal-encyclopedia/bankruptcy-tax-debts-eliminating-29550.html

federal tax debt is a priority creditor in Ch 13: another piece of the puzzle

Thanks, gramcracker!
That's pretty much what I had read. But what REALLY bugs me, there is no $500,000 debt owed...and in my world, saying there is- well, that's like perpetrating a fraud on the Court, right?