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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:

Lois Murphy
52 E State Avenue
POB 741
Meridian, ID 83642
208-888-6442
email is loismurphy at cableone.net
ASSIGNED: 03/18/2005

US Trustee:

US Trustee
United States Trustee
720 Park Blvd
Suite 220
Boise, ID 83712
208-334-1300
U.S. Trustee

Key dates

  • 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 Pacer

Other key documents

Major issues

  • 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.

Strategy

Objectives:

  • make sure my debts (SLAPP and TCPA) are not discharged at a minimum
  • 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

Strategy is:

  • 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. Section
    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 short time.

Attorneys

none hired yet