Posted on 04/28/2008 9:58:48 AM PDT by laserhaas
It states on page 7 of the Opinion http://www.ca3.uscourts.gov/opinarch/072360np.pdf
that the Federal Rules of Appellate Procedure does not apply to Delaware District Court or BK case, therefore it does no apply to this "pro se" case.
(Excerpt) Read more at fraud-corruption-mnat.townhall.com ...
is a paid web service for court docket records
The per curiam Opinion in the Alber v eToys case is publicized as a "non-precedential" Opinion.
It states on page 7 of the Opinion http://www.ca3.uscourts.gov/opinarch/072360np.pdf
that the Federal Rules of Appellate Procedure does not apply to Delaware District Court or BK case, therefore it does no apply to this "pro se" case.
What is at issue is the TBF and MNAT law firm have confessed to filing more than 34 false affidavits to the Court while deceiving the Federal Court and parties of interest.
The Dept of Justice US Trustee's office is an "appellee" with the perpetrators of Fraud and Perjury, falsly testifying that the appeal of the eToys shareholder has No Merit!
The TBF law firm is now disbanded, closed and defunct.
The Dept of Justice, despite the fact that MNAT is complicit and has confessed to filing multiple false affidavits, the DOJ simply refuses, to even mention the name of the MNAT law firm.
Sounds like a pink sheet stock (mistake) I own.
Lesson learned.
So (pardon My ignorance here) why can’t the prosecuters go after the individual attorneys responsible for the false claims? Didn’t these liars have to put their names on the legal documents involved, or is this yet another case of “one law for the public, but that same rule doesn’t matter to the lawyers”?
Dear Don W
I must apologize, being that I was labeled a misfit and slow of learning in school, my writing skills lack greatly.
The law firms of MNAT & TBF have confessed to filing false affidavits, because the proof was irrefutable Court Docket records (thank G-d for PACER)
The Dept of Justice US Trustee’s office is the ‘police” of the Bankruptcy Courts whose sole “temporary” purpose is to maintain the integrity of the BK system.
When the Police and the Courts turn a “blind eye” to any issue(s) the whole system breaks down and Anarchy becomes the order of the day.
Not only have they confessed to filing false affidavits, they also confessed to “Planting” a paid associate of the Creditor’s counsel within the Debtor as CEO, violating Code 327(a), 101(14) and Rule 2014 profusely.
The Court and the US Trustee stated they Don’t CARE.
What occurred is eToys went public in 1999 for $8bn and Bankrupt a year later, filing BK March 2001. The Court and US Trustee’s should be under investigation for this one item alone, the approval and lack of efforts to halt the Destruction of Books n Records (eToys docket item 300).
It took us three years of telling the US Trustee’s office that something was wrong, before we realized the Dept of Justice had some ‘vested” interest in burying any investigation.
When we finally researched the law (as our own attorney actually emailed us a Threat to BACK OFF) and we discovered that the US Attorney Mark Kenney for the Region 3 US Trustee’s office had been lying, years had gone by.
They believed they had gotten away with the scheme so much so, that the attorney for eToys was actually “already” representing Bain in the KB Toys Bankruptcy case on a $100 million cash preferential.
If you go to my site at http://fraud-corruption-mnat.townhall.com/default.aspx
you will see the letter from the Dept of Justice Director in Washington DC of the Exec Office of United States Trustee (EOUST) where he emailed me personnally that he would resolve the issue.
His promise seemed real, he removed the Region 3 Trustee, Roberta DeAngelis and his Asst US Trustee, Frank Perch put in a Motion to Disgorge the TBF Law firm.
Then, less than ten (10) days after that, the Dept of Justice Attorney, Mark Kenney, issued a Stipulation to Settle that gave ILLEGAL, implied, blanket, immunity to the TBF law firm.
It is ILLEGAL, because the Congressional Statute, established by Congress and affirmed by both the 3rd Circuit Court and US Supreme Ct is Section 327(a) Mandates disqualification of any attorney who has any “non-disclosed” conflict of interest.
Yet, Mark Kenney and Chief Justice Mary F Walrath (MFW) have stated that the law does not apply to this case.
DUH (that is our problem the LAW is NOT being Applied)
A law, that is in and outside of Bankruptcy, 18 USC 3057(a) states that the Judge MUST Notify & Refer all lying by attorneys to the US Attorney’s office.
and
the US Trustee’s office must do the same under 28 USC 586(a)(3)(F).
Our last legal brief was written so on point, that the Judge simply cancelled the February 27 2008 hearing and tossed out the issue making a mockery of Justice.
Director Lawrence Friedman and Asst US Trustee Frank Perch chose the “discretion is better than valor” pathway and resigned (the Wall Street Journal reported the story that you can see at www.wjfa.net/bk/etoys.html )
Then, speciously, the removed Roberta DeAngelis was promoted to the post of General Counsel of the Washington DC US Trustee’s office
The specious part is any promotion in the US Trustee’s office is on their press releases, even the resignation of Lawrence Friedman is there.
But there is NO Press Release about the DeAngelis promotion to General Counsel
When we wrote to Alberto Gonzales about that and US Attorney Colm F Connolly, Gonzales also resigned.
For we discovered that the US Attorney in Delaware, Colm F Connolly was a partner with the MNAT law firm in 2001, when the fraud and perjury began (for all we know Connolly worked with the case or related issues)
So when Gonzales resigned we reported the issue to the new Attorney General Mukasey and California US Attorney Tom O’Brien.
That resulted in the disbanding of the Public Corruption Unit and O’Brien threatening career prosecutors to keep their mouths shut.
Now most people would say it is vain to think this is all related.
Then I will just ask you one thing
Where is the case number for eToys?
For the law firms of TBF and MNAT planted Barry Gold within as CEO of eToys as they sold the assets of eToys (their client) to their other Client’s Bain/KB
That is Collusion to Defraud an Estate
The MOST serious crime any attorney can commit in the Federal Courts.
But, they don’t want the case to come out
Because Bain was owned and controlled by Romney in 2001.
I am a Republican second to being an American First.
So the answer to your question is YES, this is one for the American people.
They did this in Stage Stores, Kmart, Enron, Levitz, Finova, Jumbo Sports etc etc.
They move from one company to another, putting them into bankruptcy and stealing the lot or throwing away the original shareholders and re issue the stock to themselves
eToys is now public again on NASDQ at stock symbol KIDS
Stand up and fight for your American way of life
or
LET IT GO
Of course the rules of Appellate procedure don't apply in trial court. You'd use the Federal Rules of Civil Procedure or the Federal Rules of Bankruptcy Procedure in those respective courts.
You probably should stay away from the courthouse before you hurt yourself.
Before you teach the law, you should get your facts straight. The Federal Rules of Appellate Procedure applies to ALL appeals.
You cannot simply “ad hoc” what Federal Rule of Law applies and what does not. It is not ipso facto, it is Dicta!
Clerks have refused to transmit appeals, the Wheel of assignment mysteriously assigns all five appeals to the same jusitce.
When he Orders all counsels onto a conference call and WARNS them they are in Peril
He is then promoted to the 3rd Circuit.
Where the Circuit Per Curiam states that the Fed R App Proc do not apply to this case.
That is the problem in a nutshell
The LAW is NOT being APPLIED!
I would suggest that you consult with a competent attorney.
Ask him to explain how appeals from bankruptcy court work, to where the appeal is taken, and the time deadline for filing appeals.
And don’t show him your second paragraph in your last post to me, unless you want to get a laugh out of him.
I’d ordinarily provide links to the relevant rules and sections of the code, but as I mentioned above, I fear that you would cause yourself financial harm.
One might assume PAR35 stands for partial application of the facts 35 percent of the time.
Even though our contract guarantees payment of all legal fees and the Confirmed Plan has $5 million set aside for the last 7 years, to cover our $3 million claim, no counsel, with any political mindset, will touch the case with anyone’s ten foot pole.
When the Judge and US Trustee make arbitrary & capricious rulings, totally contrary to the facts and Law, for the benefit of confessed acts of perjury and Fraud upon the Court.
No one then has any need of counsel. For as the Third Circuit stated, the Fed R App Proc does not apply to this case.
That is the summation in a nutshell.
The LAW is NOT being APPLIED.
Flagrantly and brazenly, with the question of Cui Bono?
“lupus non mordet lupum”
If you looked at the websites, the proofs of perjury and fraud are there, testified to “under penalty of perjury” by me.
If one, just one, of the facts presented were false, where would they have me be?
Instead the law firms of Hutchin’s Wheeler, Kronish Lieb and TBF are all DEFUNCT.
The only reason the MNAT law firm has not cut tail and run is they believe, with the Chief Justice of the 3rd Circuit and the US Attorney, both hailing from their firm, while the crimes were committed during the tenure of a partner who is now the Delaware US Attorney, their power center is therefore strong enough, they shall never be charged with a felony.
The shut down of the Public Corruption Unit by Tom O’Brien demonstrates prima facie evidence that such a mindset holds water.
Unlike your snide remarks upon me.
It is our case
however
This is Everyone’s System of Justice, that they are brazenly, flagrantly, In the Court docket record, stating they and them are Above the Law.
Go read the Bankruptcy Code and Bankruptcy Rules, and then we MIGHT be able to have an intelligent discussion about your original post. (If you have done so, then I despair of having such a discussion with you.)
While you are at it, you might look at the local rules as well.
I’ve filed pleadings in several thousand bankruptcy cases in 10 or so states, I’ve been admitted to practice in Federal courts at all level, and frankly, there isn’t ANYTHING that you could tell be about bankruptcy law or practice.
That explains it.
You are biased in defense of counsels who practice in the bankruptcy realm.
Stop being un-specific counselor and get on-point or go away.
There are no billable hours here and many, much more sophisticated, have efforted your slant already.
We will not be deterred and the results, by this “pro se” are already well accomplished.
The case is still here!
ps.. the partially correct 35% of the time has more foundation now then ever.
For your original banter was borne off the half baked inference that the Fed R App Proc are not to be applied.
For one who boasts of practicing so extensively, your knowledge of the Code and Rule of law is as slanted as those in Dealaware. Now believing they can make the rules up as they go.
Be aware
No One is Above the Law
They only think they Are!
Your irrational distrust of attorneys is going to cost you big-time. It took me 3.5 at times grueling years to become a (still-green) attorney. From what I know about bankruptcy law (which is admittedly limited), PAR35 has given you knowledgeable counsel.
BTW here is the Opinion, you are critically in support of.
http://www.ca3.uscourts.gov/opinarch/072360np.pdf
page 7
Their per curiam Opinion states that the Fed R App Proc “does not apply to Bankruptcy appeals in District Ct”
So, back to the point.
Is the remark incongruous or not?
Eaannntttt Mon du’
Where did you go to Law School?
If the Fed R App Proc do not apply to District Ct of appeals than there is NO Federal Dist Ct of Appeals.
You guys are blowing smoke up your posterier so much you do not understand your own babble any more.
Fed R App Proc 2072 Specifically states the Federal Dist Ct.
while Congress also made sure that the Bankruptcy Ct, limited to Civil authority only was not excluded, with Section 2075 specifically addressing the Bankruptcy Court issue and verbatim “such rules shall not abridge, enlarge or modify any substantive right”
You must be lobbying for MNAT & the now defunct Hutchin’s Wheeler, Kronish Lieb and TBF firms.
MNAT will soon follow, it is only being Delayed.
Nothing more, nothing less!
Your “color of law” remarks shall not prevail.
BTW Jude
Watching the watchers is problematic enough, without joining in upon the banter based upon pretense. You bite into their poison apple.
Bankruptcy appeals are particularly tricky - even good attorneys who don’t spend a lot of time in bankruptcy court are going to probably ask for help along the way.
On the other hand, I did a one shot PI case a few years ago, and was asking for help from friends who work that side of the street.
I’m a little surprised that the original poster hasn’t met Federal Rule of Bankruptcy Procedure 8020 yet.
Hell no. I've never heard of these firms, and don't practice in bankruptcy law.
Where I get annoyed, however, is when people assume there is a conspiracy by the legal profession whenever a case comes out differently than you wanted it to. Especially by rank amateurs who can barely string a coherent sentence together.
Again, you banter and wail, with no on-point discussion.
For you and par would argue against professors of Law, who have guided me well, in the quest against tyranny, cronyism, corruption and Conspiracy.
It is a Fact, that the MNAT & TBF law firms have confessed to filing more than 34 false affidavits.
It is a fact that TBF & MNAT collaborated in drafting a “clandestine” Hiring Letter as Debtor (MNAT) and Creditor (TBF) counsel did destroy the diametrically opposed Congressional mandates of Creditor v Debtor (the US TRustee stated that TBF destroyed those lines in his brief).
It is a fact that the TBF & MNAT law firm had discussions with the US Trustee’s office about replacing key personnel of the Debtor with anyone connected to the retained professionals. The US Trustee testified to this as well.
All this is court docket records.
The CODE you both boast of so well, specifically states that any “non-disclosure” of “conflict of interest” by Counsel MUST result in their disqualification. This is US Sup, 3rd Cir, Del Dist Ct and Del Bankr Ct affirmed in many cases such as In re Middleton, In re First Jersey, In re Martin etc. etc.
So when you have counsels who worked for the Debtor, disobey a UST warning not to do something, who then collaborate to Circumvent the Code, the Court and parties of interest, by “Planting” a paid associate of the Creditor’s counsel within the Debtor, while Creditor, Debtor and others working for the estate, then sell the assets of their estate client, to their regular client.
Have they conspired to circumvent the Code, Court and parties of interest.
Or do Ethics, Model Rules of Conduct, Fed R Civ Proc and Bankr Code & Rules not apply to this case either?
When your “biased” anguish against a theory upon a conspiracy totally ignores the blatantly obvious, you are becoming complicit in fostering this wayward behavior.
Remember this, this person who seek to quash and silence, will only go down, if and when they bring me down.
My comments and proofs are Online, “under penalty of perjury”
And your rhetoric here today is a testimony of your mindset for or against you.
Choose!
Frivolous appeal.
If it was your $3 million they expunged because of compliance to 18 USC 4, you would not be so arrogant PAR.
You and Jude still fail the case and your profession.
The remarks here are copied, pasted and Print Screened for future reference. It will serve as testimony.
Your disdain for the common citizen who would Dare not to swallow the B S your high-mindness seeks to dish out will serve as a Rosetta Stone upon you.
For your continued push demonstrates prima facie, who you are!
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