HLNT/NIR/Humphries/Walters/PWC Lawsuits:
For those that remember, back in April of 2011 (the 22nd or 24th), Humprhies filed for Chapter 11 Bankruptcy protection. This caused the original Stay and Severance of HLNT's Counter Claims and 3rd Party Action. It was noted at the time that the only thing truly affected by the filing was the automatic stay on the HLNT CC&3PA. HLNT tried unsuccessfully to have the severance lifted, but came Walters and NIR in opposing the lifting of the Severance and Stay, citing that they would be treated unfairly. But in May of last year, the Bankruptcy Trustee filed a motion to have Humphries Bankruptcy dismissed for lack of identifiable income with which to create a payoff plan. HLNT found out about this and immediately requested that the stay be lifted, in a letter to the New York Judge. Walters attorney sent a letter arguing the opposite. Shortly thereafter, Walters filed the Texas Case concerning the Notes he received during the fraudulent scheme. Then in August, Humphries refiled the Bankruptcy, a Chapter 7 this time, again singling out HLNT's suit as the only thing affected by the Bankruptcy. This Bankruptcy was dismissed during September, according to Humphries, because his attorney failed to file an appropriate filing fee. Humprhies again filed Chapter 7 Bankruptcy on October 19th, a date which will become loomingly important in a moment. Walters attorney attempted to use this filing by Humphries to get a contintuation of the Automatic Stay in the New York Case (Motion #11) until HLNT's attorney's informed him and the court that this 3rd filing of Humphries did not support an automatic stay by law. Walters attorney quickly withdrew the motion.
The current Bankruptcy case can be found on the PACER system, US Bankruptcy Court, Eastern District of Texas, Case # 11-43172. Relevant Documents, their filing Dates, and their Titles, following by a brief synopsis, are listed below:
#21 01/27/2012 Notice of Appearance.
.. HLNT lets all interested parties know that it also has an interest in this case and that it should receive all copies of notices and filings on the same.
#22 01/27/2012 Motion to Dismiss Chapter 7 Case (By Debtor/Creditor/Trustee)
.. HLNT introduces a motion to have the Bankruptcy case dismissed because Humphries failed to comply with the law in obtaining a Credit Counseling certification 180 prior to the filing of the OCT 19th case.
#23 01/27/2012 Motion (Generic)
.. HLNT files a motion to lift the automatic stay as required by law for the third filing of a Bankruptcy petition by the same party within one year.
#24 01/27/2012 Complaint
.. HLNT filed a complaint regarding the use of the Bankruptcy supporting its position for the above Motion to Dismiss.
#28 01/31/2012 Objection
.. Humprhies objected to the Motion to Motion to lift the Stay due to the premise that he acted in good faith, but for the Chapter 11, filing, he couldn't get a job as he was in jail, and the second bankruptcy filing that his lawyer failed to pay a fee on.
#29 02/01/2012 Order on Motion (Generic)
.. The Judge acknowledged that the law relating to the third strike rule applied and lifted the Automatic Stay.
#34 02/14/2012 Motion to Continue/Reschedule Hearing
.. Humphries filed this motion to allow himself 30 days to get an attorney to represent himself as now the bankruptcy law had become to complicated for him, that he had been not been duly served, and other issues regarding the Counseling requirement.
#35 02/16/2012 Objection
.. HLNT objected to the delay, citing that Humphries should have already sought an attorney.
#37 02/21/2012 Motion to Appear Pro Hac Vice
.. Eduardo Espinoza, an attorney from California, requests that he be allowed to practice in Texas this one time for Humphries Case.
#38 02/21/2012 Order on Motion to Dismiss Chapter 7 Bankruptcy.
.. The Judge upholds HLNT's motion to dismiss. Humphries 3rd Bankruptcy filing is over.
Interpretation:
Humphries has used the Bankruptcy laws to try to delay, prevent, obstruct HLNT's CC&3PA since April of last year, and Walters and NIR utilized the filing and the automatic stay to derail the CC&3PA also. That has now come to an end. He messed up by misjudging the timing and attempting to milk the legal system for all it was worth. Humphries can no longer hide. Walters can no longer use it as a dodge, although one has to wonder who paid for the lawyer from California for Humphries. And of course PWC is going to have to figure out how to pay the legal bills.
The dominoes have starting falling!!!
