Legal Questions for our Verified Lawyers #4

[AZlawyer]

AZLawyer - does this mean the whole APPEAL process is DONE? Kaput? No more taking the Appeal to any other higher court - EVER?


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Florida Fifth District Court of Appeal Docket
Case Number: 5D11-2357

03/25/2013 Order Deny Rehearing

No, they can still appeal to the Florida Supreme Court.

 

[chefmom]

AZ, have you ever seen a similar situation such as with this Trustee asking to sell KC's rights, and if so, what was the outcome? In your professional opinion, does this Trustee stand a chance in getting this approved? As always, you are greatly appreciated here!

 

[AZlawyer]

AZ, have you ever seen a similar situation such as with this Trustee asking to sell KC's rights, and if so, what was the outcome? In your professional opinion, does this Trustee stand a chance in getting this approved? As always, you are greatly appreciated here!

Yes, I have seen this happen before. If the Trustee can show that her rights have monetary value--and he can, because he already has an offer on the table--then the sale should be approved.

 

[?noanswer]

CA's BK atty has filed a response. It is on the interview thread. Could you peruse it and give your opinion?

TIA

 

[ThinkTank]

CA's BK atty has filed a response. It is on the interview thread. Could you peruse it and give your opinion?

TIA

https://docs.google.com/file/d/0B7DjeAMt_BpIaFpFV016amlXY2s/edit?pli=1

DEBTOR'S RESPONSE TO TRUSTEE'S MOTION TO SELL PROPERTY

 

[AZlawyer]

CA's BK atty has filed a response. It is on the interview thread. Could you peruse it and give your opinion?

TIA

https://docs.google.com/file/d/0B7DjeAMt_BpIaFpFV016amlXY2s/edit?pli=1

DEBTOR'S RESPONSE TO TRUSTEE'S MOTION TO SELL PROPERTY

That is a really excellent brief. I think it certainly proves that the Trustee's motion was not some kind of trick by Casey's attorneys to sell the book rights--they are clearly not in favor of the plan. The argument about the rights being "future earnings" not subject to BK seizure is quite compelling. I don't intend to go out and do the research myself, but unless the Trustee comes back with some great case law, this argument might win.

 

[ExpectingUnicorns]

That is a really excellent brief. I think it certainly proves that the Trustee's motion was not some kind of trick by Casey's attorneys to sell the book rights--they are clearly not in favor of the plan. The argument about the rights being "future earnings" not subject to BK seizure is quite compelling. I don't intend to go out and do the research myself, but unless the Trustee comes back with some great case law, this argument might win.

I know, I know we're not supposed to respond ~ but I have to say how disappointed I am. I just can't contain it.

Poop!​

 

[Pattymarie]

I know, I know we're not supposed to respond ~ but I have to say how disappointed I am. I just can't contain it.

Poop!​

As per usual? She wins again?

 

[chefmom]

That is a really excellent brief. I think it certainly proves that the Trustee's motion was not some kind of trick by Casey's attorneys to sell the book rights--they are clearly not in favor of the plan. The argument about the rights being "future earnings" not subject to BK seizure is quite compelling. I don't intend to go out and do the research myself, but unless the Trustee comes back with some great case law, this argument might win.

What if it can be shown in court that KC, or one of the attorneys working on her behalf, has fielded offers for an interview/book/movie/whatever? Doesn't it go to show that she does indeed possess something of value? Much as if a singer were trying to file for BK while his agent was fielding offers for concerts and tours? TIA.

 

[Tink56]

That is a really excellent brief. I think it certainly proves that the Trustee's motion was not some kind of trick by Casey's attorneys to sell the book rights--they are clearly not in favor of the plan. The argument about the rights being "future earnings" not subject to BK seizure is quite compelling. I don't intend to go out and do the research myself, but unless the Trustee comes back with some great case law, this argument might win.

Is it possible for the Trustee to come back and modify the scope of the motion to exclude anything to do with Caylee?

 

[AZlawyer]

What if it can be shown in court that KC, or one of the attorneys working on her behalf, has fielded offers for an interview/book/movie/whatever? Doesn't it go to show that she does indeed possess something of value? Much as if a singer were trying to file for BK while his agent was fielding offers for concerts and tours? TIA.

Well, I think the singer analogy undermines your argument, because IMO a trustee could not sell a singer's right to payment from a future concert.

I do think the trustee has an excellent point that this is something he can get money for that requires no cooperation from Casey now or in the future--but the brief filed by Casey's lawyers makes some really great points as well. Like I said, I'm not going to spend hours doing the research to figure out which one should win. This is not an issue you can figure out by reading the statutes--you would need to be familiar with the case law on this specific subject, and most likely would need to draw analogies from situations in the case law if there is nothing directly on point.

 

[AZlawyer]

Is it possible for the Trustee to come back and modify the scope of the motion to exclude anything to do with Caylee?

Things to do with Caylee are absolutely the only things in which any buyer would be interested. Why would the Trustee exclude those things? But no, I don't think that would change the analysis anyway.

 

[logicalgirl]

Things to do with Caylee are absolutely the only things in which any buyer would be interested. Why would the Trustee exclude those things? But no, I don't think that would change the analysis anyway.

I think she meant allow Casey to have all her "personal memories" with the exclusion of all things concerned with Caylee.

 

[AZlawyer]

I think she meant allow Casey to have all her "personal memories" with the exclusion of all things concerned with Caylee.

The Trustee could offer that. I just don't see how that would get around the objection that the thing being sold is Casey's right to payment for future work (writing/speaking the story about what happened to Caylee).

There could be some good, on-point case law out there for the Trustee--I don't know--but if not, I think Casey's attorneys are likely to win this one.

 

[ZsaZsa]

Can they sell her rights re discussing any of the events of June 08 to the date of her bankruptcy- or anything concerning Caylee? Nothing else in her life
going forward is likely to be of interest, enough for anyone to pay $$$ anyway...

 

[AZlawyer]

Can they sell her rights re discussing any of the events of June 08 to the date of her bankruptcy- or anything concerning Caylee? Nothing else in her life
going forward is likely to be of interest, enough for anyone to pay $$$ anyway...

The argument they are making is that Casey hasn't yet done the "work" to put her thoughts down on paper, tell them in an interview, etc. And in BK the trustee doesn't get to sell your right to get paid for future work. So it doesn't matter whether the memories are past or future--it matters whether the work to put them down on paper/tape is past or future.

 

[?noanswer]

It has been reported on some sources that the Judge denied Zenida's & Kronk's attorneys request to question CA. It also said the Judge wants those cases to go forward.

If the Judge wants those trials to go forward, does that mean the BK case won't be settled until after?

JMO

 

[logicalgirl]

The argument they are making is that Casey hasn't yet done the "work" to put her thoughts down on paper, tell them in an interview, etc. And in BK the trustee doesn't get to sell your right to get paid for future work. So it doesn't matter whether the memories are past or future--it matters whether the work to put them down on paper/tape is past or future.

Isn't the point of this motion that they don't want her to do this "work" and sell it commercially? I don't think anyone is trying to contain her private thoughts or whatever she puts on paper as long as there isn't a price tag attached it it.

It's surely can't be proven that speaking for profit or in writing articles, books etc.,leading seminars or counseling II'm trying not to laugh at these concepts) is how she earns a living or ever has in the past, and the trustee wants to prevent her from doing the same in the future.

No where does it say in the Bankruptcy Trustee's motion that he is trying to prevent her from earning a living by working.

 

[AZlawyer]

It has been reported on some sources that the Judge denied Zenida's & Kronk's attorneys request to question CA. It also said the Judge wants those cases to go forward.

If the Judge wants those trials to go forward, does that mean the BK case won't be settled until after?

JMO

I checked the docket and there's no order yet. The news article I read was pretty confused, but I think the point was that the judge wants those cases handled in state court, not in BK court. Which is fine.

The BK case would continue, but couldn't be fully resolved until those cases were resolved.

 

[AZlawyer]

Isn't the point of this motion that they don't want her to do this "work" and sell it commercially? I don't think anyone is trying to contain her private thoughts or whatever she puts on paper as long as there isn't a price tag attached it it.

It's surely can't be proven that speaking for profit or in writing articles, books etc.,leading seminars or counseling II'm trying not to laugh at these concepts) is how she earns a living or ever has in the past, and the trustee wants to prevent her from doing the same in the future.

No where does it say in the Bankruptcy Trustee's motion that he is trying to prevent her from earning a living by working.

BBM

Yes, and that's the problem. Normally the trustee can't take the value of work you haven't done yet. It has nothing to do with whether or not this is her usual way of making a living.