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http://www.orlandosentinel.com/news/...,6011812.story

Anthony had two sides to her: the grieving mother and the manipulative defendant.

"Justice has been served in the sense that the jury has spoken but justice will finally be served one day by the Judge of judges," Perry said during the morning show. "And she's going to live, deal with this for the rest of her life."
 
Twitter
bob kealing‏@bobkealing
Bankruptcy trustee scraps idea to auction #CaseyAnthony estate, life story, to pay creditors. Hearing tomorrow [May 8, 2013].

Here is the one page filing

Notice of Withdrawal of Motion to Sell Property of the Estate and Approve Auction Procedures
Filed by Allan C Watkins on behalf of Trustee Stephen L Meininger
(Entered: 05/07/2013)

https://docs.google.com/file/d/0B7DjeAMt_BpIX3hUdDZRa0RUcWs/edit?pli=1


[NOTE: it is legally possible for the Trustee to RE-FILE this Motion to Sell at a later date]
 
Zenaida and Kronk filed a Motion to Extend Time to file Complaint Objecting to Discharge of the Debtor or to Challenge Dischargeability of Certain Debts.

Zenaida and Kronk want to wait to file their Complaint about her Discharge of Debts until after their civil suits are complete, and they want to finish their civil suits in STATE Court/Orlando, where they started.

Casey's attorneys want the civil suits of Zenaida, Kronk, TxEquuSearch either thrown out completely by the bankruptcy judge, or to be held in FEDERAL court/Tampa, instead of STATE Court in Orlando.

The bankruptcy judge made no ruling in the Hearing on May 8, 2013, and said they need to come back for a Hearing on May 30, 2013.


HEARING
May 8, 2013
Hearing Proceeding Memo:
Hearing Held - APPEARANCES: Allan Watkins, Howard Marks, Justin Luna, David Schrader, Debra Ferwerda and Andrew Chmelir.

RULING: 1 - Motion to Extend Time to file Complaint Objecting to Discharge of the Debtor or to Challenge Dischargeability of Certain Debts Filed by R Scott Shuker on behalf of Creditor Zenaida Gonzalez,
and Debtor's Response,

Motion to Extend Time to object to discharge and/or dischargeability of debt Filed by Michael Nardella on behalf of Creditor Roy Kronk, and Debtor's Response,

Cont'd to 5/30/2013 at 3:00 pm; Announced in open court; no further notice given.
This docket entry/document is not an official order of the Court. (Dkt) (Entered: 05/10/2013)
 
Casey's Response to ZENAIDA
05/06/2013
Response to Zenaida Gonzalez's Amended Motion for Extension of Time to File Complaint Objecting to Discharge
Filed by David L Schrader on behalf of Debtor Casey Marie Anthony
(Entered: 05/06/2013)

https://docs.google.com/file/d/0B7DjeAMt_BpIeVpwZ01oay1TSHM/edit?pli=1


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

05/07/2013
Affidavit -Declaration of Patricia A. Dennison
Filed by David L Schrader on behalf of Debtor Casey Marie Anthony.
(Entered: 05/07/2013)

https://docs.google.com/file/d/0B7DjeAMt_BpIVVBSN01MaU8zZzA/edit?pli=1

legal assistant for Charles M. Green

---------------------------------------------

Casey's Response to Kronk

05/06/2013
Response to Roy Kronk's Motion to Extend Time to Object to Discharge
Filed by David L Schrader on behalf of Debtor Casey Marie Anthony
(Entered: 05/06/2013)

https://docs.google.com/file/d/0B7DjeAMt_BpIS0VXTFE1Mmt0dEE/edit?pli=1
 
Zenaida and Kronk have asked the bankruptcy judge to lift the automatic Stay that was put on the civil cases that were filed in state court/Orlando, when Casey filed for bankruptcy.

Casey Anthony's attorneys have filed a Response to this, and asked the bankruptcy judge NOT to let them continue their civil cases in state court/Orlando, and to make them do their civil cases in FEDERAL bankruptcy court in Tampa.

Casey Anthony's attorneys say she could never get a fair trial in any court in Orlando because of Judge Perry's statements on the NBC TODAY SHOW on May 6th.

Here are the documents on google docs

-----------------------------------------

4/19/2013
Motion for Relief from Stay
Filed by Michael Nardella on behalf of Creditor Roy Kronk
(Entered: 04/19/2013)

Casey had 21 days to object = May 10, 2013

https://docs.google.com/file/d/0B7DjeAMt_BpINWRiRkZHYzVLeUU/edit?usp=sharing

-----------------------------------------------------

4/19/2013
Motion of Zenaida Gonzalez for Relief from Stay
Filed by R Scott Shuker on behalf of Creditor Zenaida Gonzalez
(Entered: 04/19/2013)

Casey has 21 days to object = May 10, 2013

https://docs.google.com/file/d/0B7DjeAMt_BpIcHQ1U0dPeFBHR1U/edit?usp=sharing

----------------------------------------------------------

05/10/2013
Response to Zenaida Gonzalez's Motion For Relief From Stay
Filed by David L Schrader on behalf of Debtor Casey Marie Anthony
(Entered: 05/10/2013) Deadline was May 10, 2013

https://docs.google.com/file/d/0B7DjeAMt_BpIWWZ2Q25EUEJ4QkU/edit?usp=sharing

Contains the same complaints about Judge Perry's comments on the NBC TODAY SHOW.

------------------------------------------------------------

05/10/2013
Response to Roy Kronk's Motion For Relief From Stay
Filed by David L Schrader on behalf of Debtor Casey Marie Anthony
(Entered: 05/10/2013) Deadline was May 10, 2013

https://docs.google.com/file/d/0B7DjeAMt_BpIYmJaQllPTDNXMHM/edit?usp=sharing

page 6
On May 6, 2013, Belvin Perry, Chief Judge of the Ninth Judicial Circuit where the Defamation Action is pending and the presiding judge for Ms. Anthony's Criminal Case, completely eviscerated any possible chance that Ms. Anthony might receive a fair trial in Orange County. On the nationally televised NBC "Today" show, Judge Perry revealed confidential information concerning events that occurred during the Criminal Case. Astoundingly, he criticized the jury in the Criminal Case and expressed his personal views as to both the evidence and the outcome.

The foregoing comments were published and broadcast throughout the Ninth Judicial Circuit. Indeed, every Orange County media outlet covered the interview extensively and repeatedly. Judge Perry's public announcement that he believes Ms. Anthony was guilty and that "God" would be the one to ultimately administrate justice, further tainted the prospective juror pool and ensured that Ms. Anthony could not receive a fair trial in Orange County, Florida.

Judge Perry's comments raise concerns as to whether judicial canons which are supposed to guide the judiciary have been trampled. In all events, Judge Perry's comments create a perception, both in the mind of Ms. Anthony and the public, that there is no Judge in the Ninth Circuit who could fairly and effectively oversee any case involving Ms. Anthony. This is especially true in any case, like the Defamation Action, which involves facts and evidence that were at issue in the Criminal Case. Judge Perry is the "boss" of other Ninth Circuit judges and is responsible for judicial assignments. [NOTE: Judge Perry will no longer be a "Chief" judge making assignments after June 30, 2013] It is not unreasonable to fear that any Ninth Circuit judge who might preside over the Defamation Action would, even if only subconsciously, try to mete the punishment that Judge Perry clearly state he believes Ms. Anthony deserves.

-----------------------------------------------------------

05/10/2013
Affidavit -Declaration of Patricia A. Dennison
Filed by David L Schrader on behalf of Debtor Casey Marie Anthony.
(Entered: 05/10/2013)

legal assistant of Charles M. Greene

May 6, 2013 Chief Judge Belvin Perry appeared on NBC's "TODAY" show and expressed his personal opinions concerning Casey Anthony and the criminal proceedings against her. ....
he felt "surprise, shock, disbelief;"
"There was sufficient evidence to sustain a verdict of murder in the first degree in this case;"
"Justice will finally be served one day by the Judge of Judges... [Ms. Anthony] is going to have to live with this and deal with this for the rest of her life."

Sept 12, 2012 Matt Morgan on "In Session" with Vinny Politan regarding Motion to Transfer Venue - "There's no way that our [Orange County] jury pool is not going to already be aware of [Ms. Anthony's] criminal proceedings."
"Especially in Orlando; it was the epicenter ... of everything that was Casey."
"To think or believe that a resident of Orange County would not be aware of what was going on in the criminal trial is just not reasonable."

True and accurate video tape copies of the foregoing interviews are located at the law offices of Charles M. Greene, and can be made available upon request.

https://docs.google.com/file/d/0B7DjeAMt_BpIWmdOb2pYZnNhMFE/edit?usp=sharing
 
Tim Miller/Texas Equusearch Mounted Search and Recovery has a new attorney who filed Notice of Appearance today - Peter D. Russin of Meland Russin & Budwick, P.A. in Miami, FL.

The attorney has also filed a Summons which Casey Anthony has 30 days [June 3, 2013] to file a Motion or Answer to this Complaint.

The attorney has filed a Complaint Objecting to Dischargeability of Debt

There will be a HEARING on July 2, 2013 at 10:30am.

05/03/2013
Notice of Appearance and Request for Notice Filed by Peter D. Russin on behalf of Creditor Texas Equusearch Mounted Search and Recovery
(Entered: 05/03/2013)

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

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

05/03/2013
Complaint by Texas Equusearch Mounted Search and Recovery against Casey Marie Anthony
8:13-ap-00375-KRM
Nature of Suit: [62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)],
[68 (Dischargeability - 523(a)(6), willful and malicious injury)]
(Entered: 05/03/2013)

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

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

05/03/2013
Summons Issued on Casey Marie Anthony .
Answer Due 06/3/2013
If one or more defendants are the United States or an officer or agency thereof, add an additional five days to the Answer Due date.
(Entered: 05/03/2013)

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

~~~~~~~~~~~~~~~~~~~~~~~~~~
5/9/2013
Certificate of Service [Summons]
Filed by Peter D. Russin on behalf of Plaintiff Texas Equusearch Mounted Search and Recovery
(Entered: 05/09/2013)

https://docs.google.com/file/d/0B7DjeAMt_BpIZTBmc3dfbHNUNWM/edit?usp=sharing

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

5/10/2013
Statement of Corporate Ownership
Filed by Peter D. Russin on behalf of Plaintiff Texas Equusearch Mounted Search and Recovery
(Entered: 05/10/2013)

https://docs.google.com/file/d/0B7DjeAMt_BpIaTR1a1lZcVlMaHM/edit?usp=sharing

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

5/14/2013
Order Scheduling Pretrial Conference.
Pre-Trial Conference set for 7/2/2013 at 10:30 AM at Tampa, FL - Courtroom 9B, Sam M. Gibbons United States Courthouse, 801 N. Florida Avenue.
(Entered: 05/14/2013)

https://docs.google.com/file/d/0B7DjeAMt_BpIR1BNWFBKOTVXak0/edit?usp=sharing
 
The bankruptcy judge made no ruling in the Hearing on May 8, 2013, and said they need to come back for a Hearing on May 30, 2013 at 3:00, for these Motions filed by Zenaida and Kronk.

HEARING MAY 8, 2013 - continued to MAY 30, 2013

HEARING
MAY 30, 2013 3:00pm

- Motion to Extend Time to file Complaint Objecting to Discharge of the Debtor or to Challenge Dischargeability of Certain Debts
Filed by R Scott Shuker on behalf of Creditor Zenaida Gonzalez
and Debtor's Response [Casey Anthony Response].

- Motion to Extend Time to object to discharge and/or dischargeability of debt
Filed by Michael Nardella on behalf of Creditor Roy Kronk
and Debtor's Response.

-----------------------------------------------

- Objection to Debtor's Claim of Exemptions
filed by Roy Kronk

- Amended Objection to Debtor's Claim of Exemptions
filed by Zenaida Gonzalez

[no Response filed by Debtor [Casey Anthony] by April 24,25, 2013
re: Exemptions]

----------------------------------------------------

- Motion for Relief from Stay
filed by Roy Kronk
and Debtor's Response [Casey Anthony complaints about Judge Perry on NBC TODAY SHOW]

- Motion for Relief from Stay
filed by Zenaida Gonzalez
Debtor's Response [Casey Anthony complaints about Judge Perry on NBC TODAY SHOW]

-----------------------------------------
 
The Trustee is demanding that Casey Anthony turn over her COMPUTER
She claimed a laptop as exempt in her bankruptcy filing.

They say "the laptop may have value substantially beyond the allowed exemptions and/or may contain financial information or information that may lead to assets."

"The Trustee has requested the turn-over of the computer from Debtor's counsel.
Debtor's counsel has represented that there is nothing of value to the Bankruptcy Estate on the computer and has not turned over the computer."

EXHIBIT A
letter to Casey Anthony's bankruptcy attorney(s) on April 11, 2013
"It is also become evident after the hearing of April 9, 2013, that I am going to need to inquire in much more detail the financial transactions that Ms. Anthony had with her counsel. I have written to Mr. Baez requesting the information on an informal basis. I have not had a response from him as of yet. This is to request of Mr. Greene and his office, and any other lawyers that may have been working on her case and not in his office, to provide me with detail lists of the gifts which she received and from whom these gifts came. I will, of course, protect the identity of the people. I would appreciate this as quickly as possible."

Motion for Turnover of Debtor's Computer
Filed by Allan C Watkins on behalf of Trustee Stephen L Meininger
(Entered: 05/20/2013)

https://docs.google.com/file/d/0B7DjeAMt_BpIMXh4Q2ZCWmx6Y28/edit?usp=sharing
 
Zenaida's civil attorney John Dill who works with Morgan & Morgan has filed an attachment/Affidavit to Zenaida's Motion for Relief of Stay which will be heard in today's Hearing.

5/30/2013
Notice of Filing Affidavit of John W. Dill, Esq.
Filed by R Scott Shuker on behalf of Creditor Zenaida Gonzalez
(Entered: 05/30/2013)

https://docs.google.com/file/d/0B7DjeAMt_BpIWXpfWXZOb0s2eTQ/edit?usp=sharing

Motion of Zenaida Gonzalez for Relief from Stay
Filed by R Scott Shuker on behalf of Creditor Zenaida Gonzalez
(Entered: 04/19/2013)

https://docs.google.com/file/d/0B7DjeAMt_BpIcHQ1U0dPeFBHR1U/edit?pli=1
 
5/30/2013
HEARING

Hearing Proceeding Memo: Hearing Held

APPEARANCES:
David Schrader, [Casey Anthony]
Debra Ferwerda, [Casey Anthony]
Andrew Chmelir, [Casey Anthony]
Allan Watkins, [Trustee]
Michael Nardella, [Roy Kronk]
Josh Marchs [?] [possibly Joshua A. Marcus with TXEquuSearch law firm of
Meland Russin Budwick
Joshua is an associate with the Firm, and focuses his practice on bankruptcy and complex commercial litigation.]
Scott Shuker [Zenaida Gonzalez]

RULING: 1 -
Motion to Extend Time to file Complaint Objecting to Discharge of the Debtor or to Challenge Dischargeability of Certain Debts
Filed by R Scott Shuker on behalf of Creditor Zenaida Gonzalez,
https://docs.google.com/file/d/0B7DjeAMt_BpIT3V4Z1FTeEJLd0E/edit?usp=sharing
AMENDED MOTION - https://docs.google.com/file/d/0B7DjeAMt_BpIT255YWwxVkUySW8/edit?usp=sharing
and Debtor's Response
https://docs.google.com/file/d/0B7DjeAMt_BpIeVpwZ01oay1TSHM/edit?usp=sharing
Under Advisement

2 - Motion to Extend Time to object to discharge and/or dischargeability of debt
Filed by Michael Nardella on behalf of Creditor Roy Kronk
https://docs.google.com/file/d/0B7DjeAMt_BpIZkxsbVNyUlI0QlU/edit?usp=sharing
and Debtor's Response
https://docs.google.com/file/d/0B7DjeAMt_BpIS0VXTFE1Mmt0dEE/edit?usp=sharing
Under Advisement

3 - Objection to Debtor's Claim of Exemptions
filed by Michael Nardella on behalf of Roy Kronk
https://docs.google.com/file/d/0B7DjeAMt_BpIamtRVy1ZQVFacGM/edit?usp=sharing
Denied as moot

4 - Amended Objection to Debtor's Claim of Exemptions
filed by R Scott Shuker on behalf of Zenaida Gonzalez
https://docs.google.com/file/d/0B7DjeAMt_BpISUxETlBEY1ZYMVk/edit?usp=sharing
Sustained as outlined

5 - Motion for Relief from Stay
Filed by Michael Nardella on behalf of Creditor Roy Kronk
https://docs.google.com/file/d/0B7DjeAMt_BpINWRiRkZHYzVLeUU/edit?usp=sharing
and Debtor's Response
https://docs.google.com/file/d/0B7DjeAMt_BpIYmJaQllPTDNXMHM/edit?usp=sharing
One week to file any additional documentation/authorities;
Under Advisement

6 - Motion for Relief from Stay
Filed by R Scott Shuker on behalf of Creditor Zenaida Gonzalez
https://docs.google.com/file/d/0B7DjeAMt_BpIcHQ1U0dPeFBHR1U/edit?usp=sharing
and Debtor's Response
https://docs.google.com/file/d/0B7DjeAMt_BpIWWZ2Q25EUEJ4QkU/edit?usp=sharing
One week to file any additional documentation/authorities;
Under Advisement

Proposed Orders, if applicable, should be submitted within three days after the date of the hearing - Local Rule 9072-1(c). This docket entry/document is not an official order of the Court. (Dkt) (Entered: 05/30/2013)
 
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
 
This is what the bankruptcy judge told Zenaida and Kronk that they had one week, from the HEARING on May 30th, to file case law on their Motion for Relief from Stay.

06/06/2013
Memorandum Of Law in Support of Relief from the Automatic Stay Pursuant to 11 U.S.C. §§ 362(a) and 1334(c)
Filed by R Scott Shuker on behalf of Creditor Zenaida Gonzalez
(Entered: 06/06/2013)

https://docs.google.com/file/d/0B7DjeAMt_BpId2tST202VEpmeGc/edit?usp=sharing


ZENAIDA GONZALEZ'S MEMORANDUM OF LAW IN SUPPORT OF RELIEF FROM THE AUTOMATIC STAY PURSUANT TO 11 U.S.C. 362(a) AND 1334(c)

Summary of filing:

Zenaida filed Sept 24, 2008 [4 years ago] Complaint for Defamation - Case # 48-2008-CA-24573-0, in State Court - Orange County

April 12, 2012 - State Court Order for Partial Summary Judgment - one of Casey Anthony's alleged defamatory statements against Zenaida must be submitted to a jury for determination since it is open to two separate interpretations.

January 2013 - State Court set Defamation claim for trial - then continued/postponed the trial until Casey Anthony's criminal Appeal was complete.

January 25, 2013 - shortly after Casey Anthony won part of her Appeal, she filed for Chapter 7 bankruptcy.

Casey Anthony listed in bankruptcy a "disputed claim" of Zenaida's defamation claim.
Zenaida believes her civil suit is valid and enforceable and qualifies as an exception from discharge in bankruptcy, and will file further action after the civil case is liquidated.

April 19, 2013 - Zenaida filed Motion for Relief from Stay asking the Court to allow them to continue their civil case in State Court, and to allow more time to file more motions regarding discharge in bankruptcy after their civil case is finished.

May 30, 2013 - bankruptcy judge had a HEARING and took Zenaida's motions under advisement, and the judge requested additional supporting documents and authorities to be filed by June 6, 2013.

page 3 - "... [Casey Anthony] would not be required to travel out of the state [of Florida] to defend against the Defamation Claim, nor would [her] "fresh start" be in jeopardy since her attorneys are apparently working pro bono."

page 5 - "Moreover, as detailed in the MFRS, the Debtor will not be prejudiced proceeding in State Court. The Debtor apparently has a team of attorneys working pro bono, so the cost of continuing to defend the Defamation Claim should not be an issue. Litigating in Federal Court will likely increase costs and attorney's fees."

page 10 - "...As detailed in the Dill Affidavit, all of the witnesses who are expected to testify for trial reside in or near Orange County, Florida, which include both law enforcement and lay witnesses. There are no trial witnesses residing in the Tampa, Florida, or surrounding area. Therefore this factor weighs in favor of abstention."
[NOTE: I believe this is the reason Casey Anthony moved to Tampa a few weeks ago - to hopefully gain an advantage in her request to have the civil suits tried in federal court in Tampa]

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

Motion of Zenaida Gonzalez for Relief from Stay
Filed by R Scott Shuker on behalf of Creditor Zenaida Gonzalez
(Entered: 04/19/2013)

https://docs.google.com/file/d/0B7DjeAMt_BpIcHQ1U0dPeFBHR1U/edit?pli=1

-----------------------------------------------------
 
AZLawyer please correct any part of this post, if I have misinterpreted this Trustee's document and/or Bankruptcy Code.

06/06/2013
Brief re: Chapter 7 Trustee's Suggestion on Procedure
Filed by Allan C Watkins on behalf of Trustee Stephen L Meininger.
(Entered: 06/06/2013)

https://docs.google.com/file/d/0B7DjeAMt_BpIUVNSaWItSWxCT00/edit?usp=sharing

-----------------------------------------------

Trustee says the bankruptcy judge already sustained Zenaida's Objection to Casey Anthony's Claim of EXEMPTIONS in her bankruptcy filing.

The judge still has to rule on Zenaida and Kronk's Complaints about whether or not Casey Anthony's debt can be discharged at all, or to not allow discharge on specific debts, and where the civil cases should be liquidated.

Trustee says the DEADLINE for filing Proof of Claim is June 24, 2013, and the IRS has already filed a "priority" tax claim in excess of $ 80,000.

Trustee's suggested procedure is:

First set deadline for filing actions pursuant to Code 727 and/or Code 523

Do Code 727 first and put Code 523 on hold.
should Casey not be allowed discharge of her debt entirely? thrown out?
this Bankruptcy Code gives a long list of reasons why a debt would not be discharged.
Zenaida, Kronk, TXEquuSearch would file their reasons why Casey should not be allowed to discharge her debt at all.
If Zenaida and Kronk [and TXEquuSearch] are successful with their Complaint and Casey is not allowed to discharge her debt for any reason, then there will be no need for any litigation concerning the specific reasons why Zenaida, Kronk, and TXEquuSearch should be exempted from discharge of Casey's debt to them, under Code 523.
If Casey Anthony's discharge is denied entirely, then Zenaida, Kronk, TXEquuSearch can proceed with their civil cases in State Court [like they want to].

Then - do Code 523 only if Zenaida, Kronk, TXEquuSearch do not file under Code 727, or are not successful with their Complaint to not allow Casey to discharge her debt at all, then the bankruptcy court can hear actions under Code 523 - with the specific reasons why Casey's debt to Zenaida, Kronk, TXEquuSearch should be EXEMPTED from discharge of Casey's debt to them. If Zenaida, Kronk, TXEquuSearch are successful in their actions under Code 523 - then they can go forward to liquidate their claims [their civil suits] in any forum they choose.

Code 523 deals with specific exceptions to discharge.
Zenaida wants to file a Complaint under Code 523(a)(6) stating their civil case should be excepted from the discharge pursuant to 11 U.S.C. 523(a)(6), because Casey Anthony committed willful and malicious injury to Zenaida.

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;

--------------------------------------------------

http://www.law.cornell.edu/uscode/text/11/727
11 USC § 727 - Discharge
(a) The court shall grant the debtor a discharge, unless

-------------------------------------------------

http://www.law.cornell.edu/uscode/text/11/523
11 USC § 523 - Exceptions to discharge
----------------------------------------------------
 
New bankruptcy HEARING set for June 25, 2013 at 3:00 in Tampa to rule on Casey turning over computer to Trustee and to rule on Zenaida and Kronk civil suits Motions.

06/06/2013
Notice of Preliminary Hearing on Motion for Turnover of Debtor's Computer
Hearing scheduled for 6/25/2013 at 03:00 PM at Tampa, FL - Courtroom 9B, Sam M. Gibbons United States Courthouse, 801 N. Florida Avenue
(Entered: 06/06/2013)

https://docs.google.com/file/d/0B7DjeAMt_BpIZEpPR19Rak1lX1E/edit?usp=sharing

-------------------------------------------
06/06/2013

Notice of Hearing on Rulings as to:

Motion to Extend Time to file Complaint Objecting to Discharge of the Debtor or to Challenge Dischargeability of Certain Debts
Filed by R Scott Shuker on behalf of Creditor Zenaida Gonzalez;

Motion to Extend Time to object to discharge and/or dischargeability of debt
Filed by Michael Nardella on behalf of Creditor Roy Kronk;

Motion for Relief from Stay
Filed by Michael Nardella on behalf of Creditor Roy Kronk;

Motion for Relief from Stay
Filed by R Scott Shuker on behalf of Creditor Zenaida Gonzalez

Hearing scheduled for 6/25/2013 at 03:00 PM at Tampa, FL - Courtroom 9B,
Sam M. Gibbons United States Courthouse, 801 N. Florida Avenue
(Entered: 06/06/2013)

https://docs.google.com/file/d/0B7DjeAMt_BpITy10SzBnNDhGUlU/edit?usp=sharing
 
06/07/2013
Memorandum of Law in support of Motion for Relief from Automatic Stay
Filed by Michael Nardella on behalf of Creditor Roy Kronk
(Entered: 06/07/2013)

https://docs.google.com/file/d/0B7DjeAMt_BpIZ096a0VEUGI4SVU/edit?usp=sharing

SUMMARY:
January 25, 2013 - Casey filed Chapter 7
At the time Kronk had an action pending in State Court - Case # 2011-CA-017051-0
Defamation case - personal injury tort
Casey was served by substitute service on the Secretary of State
Notice of Filing Affidavit of Service was filed in State Court January 23, 2013 - two days before she filed for bankruptcy

June 6, 2013 - Zenaida filed Memorandum of Law in Support of Relief from the Automatic Stay.
Zenaida is in very similar legal position as Kronk, so Kronk joins in the arguments included in the Zenaida Gonzalez Memorandum and incorporates them here.
Kronk includes additional legal authority not in Zenaida's Memorandum and further arguments regarding judicial economy

Kronk is entitled to a jury trial to determine liability and damages

Casey says Kronk's civil suit should be discharged in bankruptcy before it is liquidated [in State Court] and that is not efficient, practical or a proper exercise of jurisdiction.

The bankruptcy court cannot hear the dischargeability isssues first because proof that Casey intentionally and maliciously injured Kronk by illegally discriminating against him, necessitates proving the underlying discrimination allegations [in State Court civil lawsuit], which the bankruptcy court does not have jurisdiction to hear.
Case law says the bankruptcy court cannot liquidate the discrimination claim, and the defamation claim must be liquidated before the bankruptcy court can hear the dischargeability issue.

Casey wants the dischargeability ruled on, before the civil case is liquidated in State Court, but that would require the bankruptcy court to determine whether Kronk has a valid claim at all. Casey wants this determination made in the dischargeability arena, but a far more appropriate forum with uncontroversial jurisdiction [State Court], can make that determination by Casey merely filing a motion to dismiss for failure to state a cause of action.

If Casey is right, and Kronk has no valid cause of action, then she will receive the swiftest relief in State Court where all she need do is file a motion and have it heard.

If Casey is wrong, and Kronk does have a valid defamation claim, then Casey will have to litigate it regardless of the forum and will not be able to avoid the expense, to extent it's not pro bono already.

Casey can use summary procedures in either forum, whether by motion to dismiss or motion for summary judgment, but she will get summary relief, if she is entitled to it all, much faster in State Court.

If Casey is unsuccessful in obtaining a quick resolution on the papers, however, the case will need to proceed to trial.

If the case does proceed to trial, Casey has already indicated that she will refuse to testify based on the Fifth Amendment. As the bulk of the other witnesses and parties who would be participating are in Orlando, it would be far less economical to hold such proceedings in the forum of Casey's choice, when Casey has stated she will not even personally participate.

Kronk asks the bankruptcy judge to enter an Order granting relief from stay for the limited purpose of letting Kronk seek a judgement of liability and liquidated damages in the State Court civil suit against Casey, and to extend the time for Kronk to file any discharge or dischargeability actions until after the defamation claim is liquidated in State Court.
 
06/10/2013
Supplemental Memorandum Concerning Motions To Lift Stay
Filed by David L Schrader on behalf of Debtor Casey Marie Anthony.
(Entered: 06/10/2013)
https://docs.google.com/file/d/0B7DjeAMt_BpIUXJLNWt2T0tiM1U/edit?usp=sharing

This document is in response to Zenaida and Kronk's Motions for Relief from Stay and their documents with supporting case law.

Previous filings:

Motion of Zenaida Gonzalez for Relief from Stay
Filed by R Scott Shuker on behalf of Creditor Zenaida Gonzalez
(Entered: 04/19/2013)
https://docs.google.com/file/d/0B7DjeAMt_BpIcHQ1U0dPeFBHR1U/edit?pli=1

Memorandum Of Law in Support of Relief from the Automatic Stay Pursuant to 11 U.S.C. §§ 362(a) and 1334(c)
Filed by R Scott Shuker on behalf of Creditor Zenaida Gonzalez
(Entered: 06/06/2013)
https://docs.google.com/file/d/0B7DjeAMt_BpId2tST202VEpmeGc/edit?pli=1

Memorandum of Law in support of Motion for Relief from Automatic Stay
Filed by Michael Nardella on behalf of Creditor Roy Kronk
(Entered: 06/07/2013)
https://docs.google.com/file/d/0B7DjeAMt_BpIZ096a0VEUGI4SVU/edit?usp=sharing

5/30/2013
Notice of Filing Affidavit of John W. Dill, Esq.
Filed by R Scott Shuker on behalf of Creditor Zenaida Gonzalez
(Entered: 05/30/2013)
https://docs.google.com/file/d/0B7DjeAMt_BpIWXpfWXZOb0s2eTQ/edit?usp=sharing

Motion for Relief from Stay
Filed by Michael Nardella on behalf of Creditor Roy Kronk
(Entered: 04/19/2013)
https://docs.google.com/file/d/0B7DjeAMt_BpINWRiRkZHYzVLeUU/edit?usp=sharing
 
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