Eric Matthew Wilson Bankruptcy Case
Eric filed a skeleton Chapter 7 petition in District of Idaho Bankruptcy Court on 3/18/05.
Eric isn't fooling around...he hired a top notch attorney to represent him: D Blair Clark
Case: 05-00972-TLM aka 1-05-bk-00972 (see pacer docs below).
The trustee is:
52 E State Avenue
Meridian, ID 83642
loismurphy at cableone.net
United States Trustee
720 Park Blvd
Boise, ID 83712
- 3/18/05: Wilson files skeleton chapter 7 petition
- 4/7/05: Complete schedules need to be filed
- 4/28/05: 341 meeting
720 Park Blvd, Suite 210, MK Plaza Hearing Room
- 5/28/05: Deadline for filing Objection to exemption(s)
- 6/27/05: deadline for filing a complaint objecting to discharge
Documents from Idaho
Other key documents
- This looks like a dead end. More good money after bad money.
- I'm seriously thinking of not showing up at all at the 341 or just sending
a lawyer to ask a few questions and see if we find out anything that might
be worth following up on.
- This is they key: Eric might slip up and tell us something he didn't
intend to at the 341 meeting.
- make sure my debts (SLAPP and TCPA) are not discharged at a
- alternative is to see that none of Eric's debts get discharge through a showing
of concealment (depends on him telling us about assets he didn't disclose at
the 341 meeting)
- have Eric serve 5 years in jail if he is filing a fraudulent petition
- Argue that TCPA and SLAPP debts are non-dischargeable
- Get the "death penalty" for concealing assets so that all the
debts are non-dischargeable
- Expose him for making a false statement or concealing
property? Fine of up to $500,000 or imprisonment for up to 5 years or both.
18 U.S.C. §§ 152 and 3571.
Issues to discuss
- Lumia asset protection divorce suit: lift the stay on our suit since it
will discover assets? or useless if the FCC is first in line
- fraudulent transfer of the house...bought with joint checking account yet
sold solely by lumia!
- my 600K claim on faxes: claim it. Is it non dischargeable?
- FCC's claim on TCPA: non dischargable?
- SLAPP suit claim discharable?
- Is this bankruptcy fraud due to the lumia asset protection divorce?
Advice from others
- You guys need very experienced bankruptcy counsel to handle this.
522(c) says that exempt property is not available to satisfy a pre-petition
claim, even a claim that's ruled non-dischargeable. It also sounds as though
there may be preferential transfer issues arising from a divorce settlement,
which might turn out to have been a sham. So there are going to be a bunch
of issues that require experienced handling.
- You'd need to file a pro hac vice motion, which would almost certainly
be allowed for a top-flight bankruptcy attorney.
- Chapter 7 debtor may also be denied a discharge of any kind (referred to
as the “death penalty” in bankruptcy) if a creditor alleges and proves
certain kinds of misconduct by the Debtor in connection with the Chapter 7
bankruptcy case itself. §727.
- This is a case where it would make sense for someone to file an
adversary proceeding objecting to discharge. The June 24 date is a hard
deadline -- all potential TCPA claims against him will be discharged if no
one acts by then.
This is an asset case that was filed on 03/18/05 without schedules. His list
of creditors is very short -- just 3 pages. This is what's called a
"skeleton" filing, which is usually done in a hurry to avoid a foreclosure
or other impending event. He will have to file complete schedules within a
none hired yet