Legal Questions for our Verified Lawyers #4

[logicalgirl]

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.

Yes but isn't that the point? The value could be 'O" as in zero or the highest bid - and isn't the trustee asking the court to value a zero value story with the highest bid? Her lawyers are saying the value is zero because it hasn't been written and the Trustee is saying no - that's not true - here are the bids.

 

[?noanswer]

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.

So this could go on for a year or so, especially if her attys. file motions to try to keep her from testifying. If it becomes a tug of war between civil cases and BK, will the BK judge make the decisons or the judge(s) in her civil cases?

JMO

 

[AZlawyer]

Yes but isn't that the point? The value could be 'O" as in zero or the highest bid - and isn't the trustee asking the court to value a zero value story with the highest bid? Her lawyers are saying the value is zero because it hasn't been written and the Trustee is saying no - that's not true - here are the bids.

I know what you're saying--that was my argument too. But I see the argument that Casey's attorneys are making as well: IF she DOES decide to write down the story one day, then the value of that future work has been taken if the rights have been sold.

So this could go on for a year or so, especially if her attys. file motions to try to keep her from testifying. If it becomes a tug of war between civil cases and BK, will the BK judge make the decisons or the judge(s) in her civil cases?

JMO

I would like to see the BK judge's order from today, but it sounds like he wanted the state court judges to handle the civil cases.

 

[Jomo]

Is it possible that the trustee is trying to auction the wrong thing? Isn't the true thing that they want to auction FKC's silence, not her story. If the wording were such, then perhaps it wouldn't be future work.

I would bet that there are lots of case laws on people being paid to shut up or signing a gag agreement. They do it all the time in companies.

Could they possibly auction her silence for a specific period of time like 50 years or something like they do to sensitive records before releasing to the public or something like that without it affecting her amendment rights to free speech?

 

[AZlawyer]

Is it possible that the trustee is trying to auction the wrong thing? Isn't the true thing that they want to auction FKC's silence, not her story. If the wording were such, then perhaps it wouldn't be future work.

I would bet that there are lots of case laws on people being paid to shut up or signing a gag agreement. They do it all the time in companies.

Could they possibly auction her silence for a specific period of time like 50 years or something like they do to sensitive records before releasing to the public or something like that without it affecting her amendment rights to free speech?

No, they can't auction her silence. 1st Amendment and all that.

 

[ZsaZsa]

Hmmm just thinking-
Could the Trustee let the bidders purchase the rights to her story as if it were an advance, much as celebs (also Amanda Knox) are given by publishers, with a biography/memoir to follow at some later date. The total price to be fixed by the bidder (I'm thinking $10,000 advance and $1 later). That would give the bidder the rights, the creditors some relief, and Casey would have no incentive to write her story.

 

[ThinkTank]

AZLawyer questions

- Why doesn't the judge in the bankruptcy court rule that the civil suits [Zenaida; Kronk; TexasEquusearch] are exempt from discharge in bankruptcy - and remove them completely from the bankruptcy case?
Motion by Zenaida attorney says Zenaida's civil case should be excepted from the discharge pursuant to 11 U.S.C. 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;

- The bankruptcy judge ruled on April 9th that Zenaida civil case must proceed in State court first, to determine if they are Creditors in the bankruptcy case. If Zenaida does win a judgment against Casey in civil court -- does that mean the judgment could be discharged in bankruptcy?

- Does that mean that Zenaida must start all over from the beginning of a civil lawsuit against Casey Anthony, as if nothing had been done previously in civil court? All the proceedings held in civil court from 2008 until Casey filed for bankruptcy, are null and void now?

- Zenaida's attorney filed this motion in civil court.
April 11, 2013 - Motion of Zenaida Gonzalez for extension of time to file complaint - in civil court.
Does this mean that Zenaida is filing another Complaint - which is the first step in a civil lawsuit?

- Judge Munyon, in civil court, ruled that Zenaida DOES have the legal right to take a deposition of Casey Anthony. Is that ruling ignored now?

more info on the bankruptcy thread
[ame="http://www.websleuths.com/forums/showpost.php?p=9225168&postcount=347"]Websleuths Crime Sleuthing Community - View Single Post - Bankrupt Casey Anthony interviewed by KPHO CBS in Phoenix #2[/ame]

 

[ThinkTank]

AZLawyer - the Florida Fifth District Court of Appeal DENIED Casey Anthony a RE-Hearing of her Appeal on March 25, 2013.

What does "MANDATE" filed 4/9/2013 in the Fifth Dist Ct of Appeal, mean?

How many days does she have to take her Appeal up to the Florida Supreme Court?

Usually, how long does it take for the Supreme Court to process an Appeal?
Can the Supreme Court flat out refuse to even hear her Appeal?

 

[AZlawyer]

Hmmm just thinking-
Could the Trustee let the bidders purchase the rights to her story as if it were an advance, much as celebs (also Amanda Knox) are given by publishers, with a biography/memoir to follow at some later date. The total price to be fixed by the bidder (I'm thinking $10,000 advance and $1 later). That would give the bidder the rights, the creditors some relief, and Casey would have no incentive to write her story.

This doesn't alleviate the problem identified in the brief filed by Casey's lawyers, though, that Casey could not actually do the work to write the story in the future and get paid for it.

AZLawyer questions

- Why doesn't the judge in the bankruptcy court rule that the civil suits [Zenaida; Kronk; TexasEquusearch] are exempt from discharge in bankruptcy - and remove them completely from the bankruptcy case?
Motion by Zenaida attorney says Zenaida's civil case should be excepted from the discharge pursuant to 11 U.S.C. 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;

- The bankruptcy judge ruled on April 9th that Zenaida civil case must proceed in State court first, to determine if they are Creditors in the bankruptcy case. If Zenaida does win a judgment against Casey in civil court -- does that mean the judgment could be discharged in bankruptcy?

- Does that mean that Zenaida must start all over from the beginning of a civil lawsuit against Casey Anthony, as if nothing had been done previously in civil court? All the proceedings held in civil court from 2008 until Casey filed for bankruptcy, are null and void now?

- Zenaida's attorney filed this motion in civil court.
April 11, 2013 - Motion of Zenaida Gonzalez for extension of time to file complaint - in civil court.
Does this mean that Zenaida is filing another Complaint - which is the first step in a civil lawsuit?

- Judge Munyon, in civil court, ruled that Zenaida DOES have the legal right to take a deposition of Casey Anthony. Is that ruling ignored now?

more info on the bankruptcy thread
Websleuths Crime Sleuthing Community - View Single Post - Bankrupt Casey Anthony interviewed by KPHO CBS in Phoenix #2

To rule that the ZG claim is exempt from discharge, the judge would have to make a lot of findings of fact that would basically require first holding the ZG/Casey trial in BK court.

If ZG wins in state court, then the BK judge could decide the motion for nondischargeability without having to hold a whole trial on the merits. And yes, if ZG wins on the defamation claim, she is likely to also win on the issue of nondischargeability in BK court.

No, ZG does not have to start from scratch--she just needs to finish up the case she already has going in state court. I have no idea about the motion you posted for extension of time to file a complaint. Do you have a link for that? There is no reason she should have to file a new complaint.

ETA: I just checked the ZG/Casey state court docket. Frankly, it looks to me like someone in Morgan's office has been erroneously filing BK court documents in the state court case. Bet you a million dollars that the motion for extension of time to file complaint is actually for an extension of time from the BANKRUPTCY court to file the NONDISCHARGEABILITY complaint, which I don't think they've filed yet. Hopefully the Morgan firm is also filing this stuff in the BK court.... :banghead:

All of Judge M's rulings are still in place and will still apply to the civil case. A BK judge denial of a motion to take a 2004 examination (deposition) has zero impact on the state court case whatsoever.

AZLawyer - the Florida Fifth District Court of Appeal DENIED Casey Anthony a RE-Hearing of her Appeal on March 25, 2013.

What does "MANDATE" filed 4/9/2013 in the Fifth Dist Ct of Appeal, mean?

How many days does she have to take her Appeal up to the Florida Supreme Court?

Usually, how long does it take for the Supreme Court to process an Appeal?
Can the Supreme Court flat out refuse to even hear her Appeal?

The "mandate" is the official order ending the court of appeals process. Casey has 30 days after that to ask the Florida Supreme Court to hear the case. The Florida Supreme Court can and probably will decline. If they decline, it will probably take a month or two to get that order. If they take the case, it will probably take 6 months to a year to get a ruling.

 

[ThinkTank]

AZLawyer - clipped
"ETA: I just checked the ZG/Casey state court docket. Frankly, it looks to me like someone in Morgan's office has been erroneously filing BK court documents in the state court case. Bet you a million dollars that the motion for extension of time to file complaint is actually for an extension of time from the BANKRUPTCY court to file the NONDISCHARGEABILITY complaint, which I don't think they've filed yet. Hopefully the Morgan firm is also filing this stuff in the BK court....

All of Judge M's rulings are still in place and will still apply to the civil case. A BK judge denial of a motion to take a 2004 examination (deposition) has zero impact on the state court case whatsoever."

~~~~~~~~~~~
Zenaida's bankruptcy attorney, Mr. Shuker, did file a Motion to Extend Time to file Complaint Objecting to Discharge of the Debtor or to Challenge Dischargeability of Certain Debts, in Bankruptcy court, on April 9, 2013.
Same Motion filed in State Court [filed April 11, 2013].

Here is the Motion which was filed in Bankruptcy court:
https://docs.google.com/file/d/0B7DjeAMt_BpIT3V4Z1FTeEJLd0E/edit?pli=1

Zenaida requests extension of time to file complaint until a date 21-days after the conclusion of Debtor's 2004 examination [Casey's deposition].

Zenaida's civil case should be excepted from the discharge pursuant to 11 U.S.C. 523(a)(6).

Zenaida believes may be grounds to file a complaint under 11 U.S.C. 727 objecting to the Debtor's discharge entirely.

Bankruptcy Rule 4007(c), a creditor may file a motion to extend the time period for filing a dischargeability complaint at any time before the expiration of such period.
The deadline to file a complaint objecting to discharge of Debtor or to challenge dischargeability of certain debts in this case is May 3, 2013.

Even if Zenaida takes Casey's deposition prior to deadline of May 3, 2013, needs more time to evaluate Casey testimony in depo and possibly draft a complaint under wither 523 or 727 of Bankruptcy Code.

~~~~~~~~~~~~~
AZLawyer question:
Zenaida's attorney has asked the Bankruptcy court [filed April 9, 2013], and asked the State Court [filed April 11, 2013], to give him longer than May 3rd deadline to file a Complaint objecting to discharge of Casey's debt or to challenge dischargeability of certain debts.

Zenaida's attorney wants to wait to file the Complaint until 21 days AFTER he takes her deposition.

Which court judge will grant or deny this Motion for extension of time - the Bankruptcy court judge, or the State court judge? Or will both judges file a RULING on this request?

 

[?noanswer]

Hypothetical question.

The BK judge rules that the trustee can't sell CA's story, civil court awards Zenida G. and Roy K. a monetary judgement. BK goes forward, but ZG & RK award claims are not discharged thru BK. CA sells her story. Can a lien be placed on the book revenue by ZG & RK? Would the lien be satisfied before any money is paid to CA?

JMO

 

[AZlawyer]

~~~~~~~~~~~~~
AZLawyer question:
Zenaida's attorney has asked the Bankruptcy court [filed April 9, 2013], and asked the State Court [filed April 11, 2013], to give him longer than May 3rd deadline to file a Complaint objecting to discharge of Casey's debt or to challenge dischargeability of certain debts.

Zenaida's attorney wants to wait to file the Complaint until 21 days AFTER he takes her deposition.

Which court judge will grant or deny this Motion for extension of time - the Bankruptcy court judge, or the State court judge? Or will both judges file a RULING on this request?

I can't figure out why Morgan's firm is filing these things with the state court at all. The state court judge can't grant him more time to file a BK nondischargeability complaint. The BK judge will decide that. And I guess he needs to amend his motion ASAP to say that he wants until 21 days after taking her STATE court deposition (since the BK judge has already said no 2004 exam in BK court).

 

[AZlawyer]

Hypothetical question.

The BK judge rules that the trustee can't sell CA's story, civil court awards Zenida G. and Roy K. a monetary judgement. BK goes forward, but ZG & RK award claims are not discharged thru BK. CA sells her story. Can a lien be placed on the book revenue by ZG & RK? Would the lien be satisfied before any money is paid to CA?

JMO

Not a lien exactly, but yes, ZG and RK could, in that situation, take legal action to have the publisher pay any royalties to them instead of to CA. This is called a "garnishment."

 

[?noanswer]

Not a lien exactly, but yes, ZG and RK could, in that situation, take legal action to have the publisher pay any royalties to them instead of to CA. This is called a "garnishment."

Thank You. Glad you figured out what I was trying to say!!

When I worked, we had some garnishment against employee(s). IIRC, there was a formula to determine how much could be withheld from each paycheck(wages). Would this apply for royalties?

JMO

 

[AZlawyer]

Thank You. Glad you figured out what I was trying to say!!

When I worked, we had some garnishment against employee(s). IIRC, there was a formula to determine how much could be withheld from each paycheck(wages). Would this apply for royalties?

JMO

It would depend on state law, but most likely royalties would be subject to 100%garnishment.

 

[ThinkTank]

Originally Posted by ThinkTank
~~~~~~~~~~~~~
AZLawyer question:
Zenaida's attorney has asked the Bankruptcy court [filed April 9, 2013], and asked the State Court [filed April 11, 2013], to give him longer than May 3rd deadline to file a Complaint objecting to discharge of Casey's debt or to challenge dischargeability of certain debts.

Zenaida's attorney wants to wait to file the Complaint until 21 days AFTER he takes her deposition.

Which court judge will grant or deny this Motion for extension of time - the Bankruptcy court judge, or the State court judge? Or will both judges file a RULING on this request?

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

I can't figure out why Morgan's firm is filing these things with the state court at all. The state court judge can't grant him more time to file a BK nondischargeability complaint. The BK judge will decide that. And I guess he needs to amend his motion ASAP to say that he wants until 21 days after taking her STATE court deposition (since the BK judge has already said no 2004 exam in BK court).

~~~~~~~~~~~~~~~~~~~
You said that Zenaida's attorney should file an AMENDED Motion to Extend Time...., to ask for time after Casey's deposition is taken in STATE COURT [since the bankruptcy judge denied Zenaida's Motion to take deposition in Bankruptcy court.]

Does the Motion of Zenaida Gonzalez for Relief from Stay, take care of this issue?
Even though Zenaida's Motion to Extend Time to Object to Discharge and/or Dischargeability of Debt was not specifically mentioned in the Motion for Relief from Stay?
Will the Motion for Relief from Stay cover all Motions that Zenaida has filed in bankruptcy court?

https://docs.google.com/file/d/0B7DjeAMt_BpIcHQ1U0dPeFBHR1U/edit?usp=sharing
Zenaida's Motion for Relief from Stay

[NOTE: Kronk filed also filed a Motion for Relief from Stay, and a Motion to Extend Time to Object to Discharge and/or dischargeability of debt]

 

[AZlawyer]

Originally Posted by ThinkTank
~~~~~~~~~~~~~
AZLawyer question:
Zenaida's attorney has asked the Bankruptcy court [filed April 9, 2013], and asked the State Court [filed April 11, 2013], to give him longer than May 3rd deadline to file a Complaint objecting to discharge of Casey's debt or to challenge dischargeability of certain debts.

Zenaida's attorney wants to wait to file the Complaint until 21 days AFTER he takes her deposition.

Which court judge will grant or deny this Motion for extension of time - the Bankruptcy court judge, or the State court judge? Or will both judges file a RULING on this request?

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



~~~~~~~~~~~~~~~~~~~
You said that Zenaida's attorney should file an AMENDED Motion to Extend Time...., to ask for time after Casey's deposition is taken in STATE COURT [since the bankruptcy judge denied Zenaida's Motion to take deposition in Bankruptcy court.]

Does the Motion of Zenaida Gonzalez for Relief from Stay, take care of this issue?
Even though Zenaida's Motion to Extend Time to Object to Discharge and/or Dischargeability of Debt was not specifically mentioned in the Motion for Relief from Stay?
Will the Motion for Relief from Stay cover all Motions that Zenaida has filed in bankruptcy court?

https://docs.google.com/file/d/0B7DjeAMt_BpIcHQ1U0dPeFBHR1U/edit?usp=sharing
Zenaida's Motion for Relief from Stay

[NOTE: Kronk filed also filed a Motion for Relief from Stay, and a Motion to Extend Time to Object to Discharge and/or dischargeability of debt]

Looks like ZG has already filed the amended Motion for Extension of Time.

 

[ThinkTank]

Looks like ZG has already filed the amended Motion for Extension of Time.

Yes, he filed the Amended motion just a day ago, like you said needed to be filed.

 

[ThinkTank]

Lawyers -- is the media or any public able to file a public records request, asking for the SEALED DOCUMENTS to be UN-sealed and released, regarding JURY QUESTIONS and the Competency Evaluations?

06/14/2011 Questions from Jury to Remain Sealed Per the Court

06/11/2011 Questions from Jury to Remain Sealed Per the Court

06/07/2011 Questions from Jury to Remain Sealed Per the Court

05/26/2011 Questions from Jury to Remain Sealed Per the Court

05/26/2011 Questions from Jury to Remain Sealed Per the Court

05/25/2011 Questions from Jury to Remain Sealed Per the Court

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

06/27/2011 Evaluation of Competency to Proceed from Dr. Daniel P. Tressler (Sealed)

06/27/2011 Evaluation of Competency to Proceed from Dr. Ryan C.W. Hall, M.D. (Sealed)

06/27/2011 Evaluation of Competency to Proceed from Dr. Harry McClaren, Ph.D. (Sealed)

 

[AZlawyer]

Lawyers -- is the media or any public able to file a public records request, asking for the SEALED DOCUMENTS to be UN-sealed and released, regarding JURY QUESTIONS and the Competency Evaluations?

06/14/2011 Questions from Jury to Remain Sealed Per the Court

06/11/2011 Questions from Jury to Remain Sealed Per the Court

06/07/2011 Questions from Jury to Remain Sealed Per the Court

05/26/2011 Questions from Jury to Remain Sealed Per the Court

05/26/2011 Questions from Jury to Remain Sealed Per the Court

05/25/2011 Questions from Jury to Remain Sealed Per the Court

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

06/27/2011 Evaluation of Competency to Proceed from Dr. Daniel P. Tressler (Sealed)

06/27/2011 Evaluation of Competency to Proceed from Dr. Ryan C.W. Hall, M.D. (Sealed)

06/27/2011 Evaluation of Competency to Proceed from Dr. Harry McClaren, Ph.D. (Sealed)

You couldn't do it with a public records request--it would have to be a Motion to Intervene and Motion to Unseal. IIRC at least one media outlet already intervened, so they would be the obvious choice to file a Motion to Unseal. I think, though, that not too many people care about this case anymore, so I doubt they will do it.