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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

• U.S. Bankruptcy Court - Docket Report 05-00972-TLM
• BKpetition.pdf: the initial bankruptcy petition (skeleton filing)
• attorneyCompensation.pdf
• fax/case/wilsonBK/wilsonBKCreditors.pdf
• wilsonBKschedules: this is the heart of his case

Other key documents

• CovingtonJudgment shows the date of the judgment was April 16, 2003
• Case Number: GD034000 DEENA LUMIA VS. ERIC WILSON Divorce: Los Angeles Superior Court - Civil Case Summary  shows that Deena files for divorce on April 30, 2003, just 2 weeks after the judgment.
• WilsonDivorce: the divorce is final on 11/10/03. Deena uses an asset protection attorney and gets every asset that could be levied.
• My case against Wilson and Lumia for fraudulent transfer
• LumiaCheckBofAbuyCanon-2-10-04.pdf: They screw up. Deena mistakenly uses a check from their joint checking account to buy the house on Canon. This is months after the divorce is final. The escrow company marks it as being received from both Deena and Eric.
• Bankruptcy discharge of TCPA claims

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.

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