Bankrupt Casey Anthony interviewed by KPHO CBS in Phoenix #2

[gramcracker]

I just don't understand how a BK court will let you write off court imposed debts for all the time-wasting and lying she did pre and during the murder trial.
I mean, what is the point of imposing these fines/costs if everyone can avoid them by filing bankruptcy!

they won't, and she can't

Debts That Are Always Nondischargeable
Some types of debts are deemed nondischargeable if they fall within one of a list of prescribed categories. Debts falling in one of these categories do not require a court hearing to determine dischargeability status.

Unless the debtor can demonstrate extraordinary circumstances to override public policy, the following debts are deemed automatically nondischargeable:

unscheduled debts (any debts the debtor fails to list on the bankruptcy petition or include on the mailing list), unless the creditor had actual notice or knowledge of the bankruptcy filing. Also, many jurisdictions allow discharge of otherwise dischargeable debts not listed in the petition due to an innocent mistake when there are no assets to distribute

certain taxes (for details, see Tax Debts in Bankruptcy)

debts for spousal or child support or alimony

debts to government agencies for fines and penalties

student loans (with a few rare exceptions)

debts for personal injury caused by the debtor’s operation of a motor vehicle while intoxicated

debts owed to certain tax-advantaged retirement plans

debts for certain condominium or cooperative housing fees (such as homeowners association fees)

attorney fees in child custody and support cases

court fines and penalties, including criminal restitution

Grounds for Denial of a Chapter 7 Discharge
In Chapter 7 cases, the debtor does not have an absolute right to a discharge. In order to receive a discharge, debtors must abide by the provisions of the Bankruptcy Code. Section 727(a) of the Bankruptcy Code outlines a list of reasons why the court may deny a Chapter 7 discharge -- all of these have to do with the debtor's obligation to comply with certain rules or bankruptcy procedures. If the debtor fails to follow certain rules or provide information, a creditor, the bankruptcy trustee, or the U.S. trustee may object to the entire Chapter 7 discharge. If the court agrees and denies the Chapter 7 discharge, it is possible that none of your debts will be discharged, even those that are otherwise dischargeable.

The court may deny a Chapter 7 discharge if you:

do not provide requested tax documents

don't complete a course on personal financial management

transfer or hide property in order to defraud or hinder your creditors

destroy or hide books or records

commit perjury or other fraudulent acts in connection with your bankruptcy case

cannot account for lost assets

violate a court order

previously filed a bankruptcy case and were granted a discharge, within certain time frames, depending on the type of bankruptcy filed

http://www.nolo.com/legal-encyclopedia/nondischargeable-debts-chapter-7-bankruptcy.html

 

[ExpectingUnicorns]

they won't, and she can't

Debts That Are Always Nondischargeable
Some types of debts are deemed nondischargeable if they fall within one of a list of prescribed categories. Debts falling in one of these categories do not require a court hearing to determine dischargeability status.

Unless the debtor can demonstrate extraordinary circumstances to override public policy, the following debts are deemed automatically nondischargeable:

unscheduled debts (any debts the debtor fails to list on the bankruptcy petition or include on the mailing list), unless the creditor had actual notice or knowledge of the bankruptcy filing. Also, many jurisdictions allow discharge of otherwise dischargeable debts not listed in the petition due to an innocent mistake when there are no assets to distribute

certain taxes (for details, see Tax Debts in Bankruptcy)

debts for spousal or child support or alimony

debts to government agencies for fines and penalties

student loans (with a few rare exceptions)

debts for personal injury caused by the debtor’s operation of a motor vehicle while intoxicated

debts owed to certain tax-advantaged retirement plans

debts for certain condominium or cooperative housing fees (such as homeowners association fees)

attorney fees in child custody and support cases

court fines and penalties, including criminal restitution

Grounds for Denial of a Chapter 7 Discharge
In Chapter 7 cases, the debtor does not have an absolute right to a discharge. In order to receive a discharge, debtors must abide by the provisions of the Bankruptcy Code. Section 727(a) of the Bankruptcy Code outlines a list of reasons why the court may deny a Chapter 7 discharge -- all of these have to do with the debtor's obligation to comply with certain rules or bankruptcy procedures. If the debtor fails to follow certain rules or provide information, a creditor, the bankruptcy trustee, or the U.S. trustee may object to the entire Chapter 7 discharge. If the court agrees and denies the Chapter 7 discharge, it is possible that none of your debts will be discharged, even those that are otherwise dischargeable.

The court may deny a Chapter 7 discharge if you:

do not provide requested tax documents

don't complete a course on personal financial management

transfer or hide property in order to defraud or hinder your creditors

destroy or hide books or records

commit perjury or other fraudulent acts in connection with your bankruptcy case

cannot account for lost assets

violate a court order

previously filed a bankruptcy case and were granted a discharge, within certain time frames, depending on the type of bankruptcy filed

http://www.nolo.com/legal-encyclopedia/nondischargeable-debts-chapter-7-bankruptcy.html

OMGosh, gramcracker, this looks like you hit the mother load! Thank you!

 

[gramcracker]

Creditors listed on bankruptcy filing with dollar amounts

- Adventist Florida Hospital - $ 200 [from Nov 2007 to present]
- Alliance One Collection Agency for STATE of Florida debt of $ 4,153.91
- Ambulance added 4/4/2013 $ 921.15 filed claim
- AT&T Mobility - Collection Agency - $ 1,403.32
- Baez - $ 500,000 [though she said she really does not owe this]
- Florida Dept Law Enforcement - $ 61,505.12
- Internal Revenue Service - $ 68,540 - $ 80,855.11 filed claim
- Metropolitan Bureau of Inv - $ 10,283.90
- Orange County Florida Clerk of Court - $ 495.00
- Orange County Sheriff's Office - $ 145,660.21 filed claim
- State of Florida - $ 50.00
- Tribute MasterCard - $ 1,250

TOTAL MINUS BAEZ = $306,777.72

Civil suits fighting for a right not to have their claims discharged in bankruptcy:
- Roy Kronk - civil suit
- Tim Miller/Texas EquuSearch - civil suit
- Zenaida Gonzalez - civil suit

oooh, thank you for the updated numbers!

your $306,777 minus OC Clerk/OCSO/FDLE/IRS (non-dischargable) =
about $35,000

disregarding the IRS, the bulk of her creditors are courts/LE. what/who is Metro Dept of Inv? are they a private entity? if not, another 10k comes off her legitimate BK creditor list

 

[gramcracker]

wait. are we dealing w/ two sets of numbers here, dischargable debt and non-dischargable debt? are the court/LE/IRS balances non-dischargable? the BK court cannot tell non-dischargable creditors that they have to be satisfied w/ non-payment and forget about what is owed to them

her chapter 7 definitely dischargable debt is the ambulance/cel phone/hospital/credit card/etc. oh, and JB. those can be discharged: "she will not be paying you anything"

then again, maybe her LE debts are not fines or penalites (non-dischargable). do the LE monetary claims fall under "criminal restitution" because they incurred investigation costs when she *cough* allowed *cough* them to investigate Caylee's disappearance while hiding the true circumstances of what she knew and when she knew it?

Unless the debtor can demonstrate extraordinary circumstances to override public policy, the following debts are deemed automatically nondischargeable:

debts to government agencies for fines and penalties

court fines and penalties, including criminal restitution

 

[?noanswer]

oooh, thank you for the updated numbers!

your $306,777 minus OC Clerk/OCSO/FDLE/IRS (non-dischargable) =
about $35,000

disregarding the IRS, the bulk of her creditors are courts/LE. what/who is Metro Dept of Inv? are they a private entity? if not, another 10k comes off her legitimate BK creditor list

http://mbi-police.org/

JMO

 

[gramcracker]

http://mbi-police.org/

JMO

thanks much

that tips it. basically, her major creditors are some branch of authority

 

[ThinkTank]

thanks much

that tips it. basically, her major creditors are some branch of authority

- Florida Dept Law Enforcement - $ 61,505.12 [court costs - Court Ordered by Judge Perry]

- Metropolitan Bureau of Inv - $ 10,283.90 [judgment for Inv Fees & Costs - Court Ordered by Judge Perry]

- Orange County Sheriff's Office - $ 145,660.21 [judgment for Inv Fees & Costs - Court Ordered by Judge Perry - Filed a Claim]

- Orange County Florida Clerk of Court - $ 495.00 [court costs]

- State of Florida - $ 50.00 [Ofc State Atty - judgment for Inv Fees & Costs]

- Alliance One Collection Agency for STATE of Florida debt of $ 4,153.91 as of Jan 15, 2013 - turned over to Collection Agency
[State of Florida - Orange County Clk of Court - Criminal Fines]
[Alliance One not listed on her bankruptcy filing]
Original fines set at $ 23,642.34 - she paid it down to $ 4,153.91
$23,663 is admin costs of case; filing fees, copies of motions, 4 x $1000 fine for conviction.
Fines owed due to her convictions - drivers license suspended due to non payment
Drivers license Issue Date - July 2 2002
Drivers license Expire Date - March 19 2009 - her birthday
driver license number A535-113-86-599-0 is EXPIRED
https://services.flhsmv.gov/DLCheck/DLCheckResultView.aspx

~~~~~~~~~~~~~~~~~~~~~~~~~

http://www.wesh.com/news/casey-anth...Pay/-/13479888/13126182/-/4kafwg/-/index.html …

Judge Adds $119K To Amount Casey Anthony Must Pay
After Revised Expense Reports, Anthony Now Owes $217K+
UPDATED 4:34 AM EDT Sep 23, 2011

Judge Belvin Perry added $119,822.25 to Anthony's bill in an order Friday, bringing the grand total in costs she must pay to $217,499.23.

 

[ThinkTank]

SHERIFF'S OFFICE PROOF OF CLAIM - $ 145,660.21

Sheriff Offfice 1 - 1 page of Proof of Claim
https://docs.google.com/file/d/0B7DjeAMt_BpIY2FFTWtmSnQxd3M/edit?usp=sharing
Casey Anthony Bankruptcy Claim - $ 145,660.21
Filed 4/4/2013
Basis of Claim - court ordered cost of investigations

Attachments
https://docs.google.com/file/d/0B7DjeAMt_BpIaVRCbU9QaG1qc00/edit?usp=sharing
ORDER AMENDING SPECIAL COSTS OF INVESTIGATION FOR THE ORANGE COUNTY SHERIFF'S OFFICE
Signed Sept 22, 2011

https://docs.google.com/file/d/0B7DjeAMt_BpIRFVQUDZNRDNjWUU/edit?usp=sharing
ITEMIZED COSTS FROM ORANGE COUNTY SHERIFF'S OFFICE TO PROSECUTOR LINDA DRANE-BURDICK
Dated Sept 16, 2011


https://docs.google.com/file/d/0B7DjeAMt_BpIWXFyRVpDZTZhcnM/edit?usp=sharing
ORDER GRANTING IN PART AND DENYING IN PART STATE OF FLORIDA'S AMENDED MOTION TO TAX SPECIAL COSTS OF INVESTIGATION AND PROSECUTION AND TO RESERVE JURISDICTION
Signed Sept 15, 2011

 

[ThinkTank]

IRS PROOF OF CLAIM

Bankruptcy Filing says she has ZERO Creditors Holding Secured Claims; and ZERO Creditors Holding Unsecured Priority Claims;

Her Filing says she only has Creditors Holding Unsecured Nonpriority Claims -
$ 792,119.23

~~~~~~~~~~~~~~~~~~~~~~~~~~~

- Internal Revenue Service - $ 68,540 [11/1/2010 - 2008 Taxes,Interest,Penalties]
Actual debt $ 80,855.11 - filed April 15, 2013 in Proof of Claim

Casey says in bankruptcy filing
https://docs.google.com/file/d/0B7DjeAMt_BpIMHZWMWI2ZkNIaGs/edit?pli=1
IRS - page 22 - $ 68,540.00
11/1/2010 - for 2008 Taxes, Interest and Penalties
IRS - "Unsecured Nonpriority Claim" - "Unliquidated" and "Disputed"


IRS says in Proof of Claim
https://docs.google.com/file/d/0B7DjeAMt_BpIS3Vuc3V5N2NCekk/edit?usp=sharing

Secured Claim [but not Priority] $ 80,855.11 [includes interest and other charges]

Notice of Tax Lien Filed - 08/24/2011 in Orange County and 05/25/2011 in Osceola County

SECURED CLAIM = Secured by a lien on property or a right of setoff.
IRS filed: "Nature of property or right of setoff: Real Estate; Motor Vehicle; Other."
"All of debtor(s) right, title and interest to property - 26 U.S.C. 6321"
"The United States has not identified a right of setoff or counterclaim. However, this determination is based on available data and is not intended to waive any right to setoff against this claim debts owed to this debtor by this or any other federal agency. All rights of setoff are preserved and will be asserted to the extent lawful."

Casey Anthony TAX LIEN
http://federaltaxliensearch.com/wp-content/uploads/2011/08/anthony_lien_osceola.pdf

 

[ThinkTank]

oooh, thank you for the updated numbers!

your $306,777 minus OC Clerk/OCSO/FDLE/IRS (non-dischargable) =
about $35,000

disregarding the IRS, the bulk of her creditors are courts/LE. what/who is Metro Dept of Inv? are they a private entity? if not, another 10k comes off her legitimate BK creditor list

Legitimate Bankruptcy Creditor List = $ 3,774.47

Remove IRS and all law enforcement debts as they are NON dischargeable.

1) Adventist Florida Hospital - $ 200 [from Nov 2007 to present]
2) Ambulance added 4/4/2013 $ 921.15 filed claim
3) AT&T Mobility - Collection Agency - $ 1,403.32
4) Tribute MasterCard - $ 1,250

Of these (4) Creditors, only the ambulance company has filed a Proof of Claim, which FCA's bankruptcy attorney filed an Objection to. Stating that the fall in the elevator and ambulance ride to the hospital happened while she was in State custody, so this is not her personal debt.

 

[ThinkTank]

The only, or main reason, FCA filed for bankruptcy was in hopes of having the bankruptcy judge THROW OUT completely the CIVIL SUITS of Zenaida, Kronk, and TXEquuSearch. That's all she really cares about in the bankruptcy case.

She is hoping the judge will say that all of their civil suits are ended and she owes them nothing ... ever.

Zenaida, Kronk, and TXEquuSearch are hoping the bankruptcy judge will allow them to continue their civil suits in State court ... where they hope to win judgments against her ... and then file Motions in the bankruptcy court asking the bankruptcy judge to NOT allow her to Discharge their debts/judgements against her.

This all pivots on what the bankruptcy judge decides about the (3) civil suits - ruling expected by about June 20, 2013.

 

[watcher9]

Legitimate Bankruptcy Creditor List = $ 3,774.47

Remove IRS and all law enforcement debts as they are NON dischargeable.

1) Adventist Florida Hospital - $ 200 [from Nov 2007 to present]
2) Ambulance added 4/4/2013 $ 921.15 filed claim
3) AT&T Mobility - Collection Agency - $ 1,403.32
4) Tribute MasterCard - $ 1,250

Of these (4) Creditors, only the ambulance company has filed a Proof of Claim, which FCA's bankruptcy attorney filed an Objection to. Stating that the fall in the elevator and ambulance ride to the hospital happened while she was in State custody, so this is not her personal debt.

All of this latest posts are ringing a bell. Somewhere in the hidden folds of my mind there lurks a memory of this being discussed before and a question to AZLawyer in the lawyer thread produced a response that made us all very unhappy. Does anyone else recall this?

I sure hope I am wrong and if I am, I would hope that this info gets forwarded to the trustee.

 

[logicalgirl]

All of this latest posts are ringing a bell. Somewhere in the hidden folds of my mind there lurks a memory of this being discussed before and a question to AZLawyer in the lawyer thread produced a response that made us all very unhappy. Does anyone else recall this?

I sure hope I am wrong and if I am, I would hope that this info gets forwarded to the trustee.

This guy is a Bankruptcy Trustee....an expert on what kind of carp people bring to the table to weasel out of paying their debts. Are you thinking he doesn't know any or all of the above? I think he does...

This is all information FCA and her lawyers had to provide him - none of it is new since she filed.

 

[ThinkTank]

06/03/2013

Texas EquuSearch filed a Complaint in a separate Adversary Proceeding, May 3, 2013, within the bankruptcy case, asking that Casey Anthony not be allowed to discharge the civil lawsuit.

This is Casey Anthony's RESPONSE filed by her bankruptcy attorneys, David L. Schrader AND Debra Ferwerda. They want the bankruptcy judge to DISMISS the entire proceeding by Texas EquuSearch.

HEARING is set for July 2, 2013

https://docs.google.com/file/d/0B7DjeAMt_BpIYUdtcW5EdTlzYWs/edit?usp=sharing
NOTICE OF APPEARANCE

https://docs.google.com/file/d/0B7DjeAMt_BpIdFYzc3h6b1V6eVk/edit?usp=sharing
COMPLAINT

https://docs.google.com/file/d/0B7DjeAMt_BpIVVhUMkw2U2UzTUE/edit?usp=sharing
SUMMONS


Motion to Dismiss Adversary Proceeding
Filed by David L Schrader on behalf of Defendant Casey Marie Anthony
(Entered: 06/03/2013)

https://docs.google.com/file/d/0B7DjeAMt_BpIVkZjeWNSSU9nN28/edit?usp=sharing

 

[Hez]

That would be funny if Baez didn't file and it screwed his famous client over in BK court. LOL :dance:

Here's hoping he somehow gets 'thwarted'. :floorlaugh:

 

[ZsaZsa]

Here's hoping he somehow gets 'thwarted'. :floorlaugh:

Yes I think that's what the BK trustee might be doing- I somehow doubt
Baez can come up with an original itemized bill for $500K and I really hope the trustee will not accept one just created for the purpose of deceiving the court. :facepalm:

 

[Tulessa]

Has anyone heard anything about her moving to Tampa and driving a PT Cruiser?

 

[Frigga]

Has anyone heard anything about her moving to Tampa and driving a PT Cruiser?

Seriously Tulessa? Wasn't that the kind of car George drove or am I misremembering? Spill the beans... what have you heard?

 

[Cherry]

I did read that and saw a photo of her condo and vehicle. It's red, or maroon, suv.

 

[ZsaZsa]

Has anyone heard anything about her moving to Tampa and driving a PT Cruiser?

Yes, Blaiss has been tweeting about it.
I have family in Tampa this week,on vacation. I told them first take a photo or two, then walk up and say "31 days" . I have a feeling if they saw her they would say a LOT more than that....:blushing: If she is sighted I will call them her whereabouts. I suppose she is still driving without a license...