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Goodie we have a new one LOoks like Judge not messinga round now
Venue MONMOUTH Docket # C -000316-06 Court CHC
Proceeding Date 1/29/2009 Proceeding Time 900 A M Court Room CHC
Proceeding Status PENDING Case Filed Date 10/10/2006
Calendar Type MOTION HEARING Judge Name THOMAS W CAVANAGH
Caption RABNER V DIGITAL GAS INC
Motion Type MOTION ENTERING DEFAULTJUDGMENT
Motion Status PG HEARING Scheduled Hearing Date 1/29/2009
Oral Argument Requested N Granted N Granted Date
Motion Comment MNT FOR FINAL JUDGMENT BY DEFLT A/T DEF DIGITAL GAS
--------------------------------------------------------------------------------
Atty Name Party Name Party Type Filing Party
ATTORNEY GENERAL OF NJ LAW STUART/AN N. RABNER/MILGRAM PF F
(ATTORNEY REQUIRED) DIGITAL GAS INC DF
BROEGE NEUMANN FISCHER & S LLC BRIAN SMITH DF
ROBERT G. STEVENS LYNN SMITH DF
(ATTORNEY REQUIRED) WILLIAM BROWN DF
Docket: Lynn Smith Atty Wants Out
AGAIN!
Venue MONMOUTH
Docket # C -000316-06
Court CHC
Proceeding Date 1/29/2009
Proceeding Time 900 A M
Court Room CHC
Proceeding Status PENDING
Case Filed Date 10/10/2006
Calendar Type MOTION HEARING
Judge Name THOMAS W CAVANAGH
Caption RABNER V DIGITAL GAS INC
Motion Type MOTION TO RELIEVE COUNSEL
Motion Status PG HEARING
Scheduled Hearing Date 1/29/2009
Oral Argument Requested N
Granted N
Granted Date
Motion Comment MTN FOR ATTY STEVENS TO BE RELIEVED AS COUNSEL A/T DEF LYNN SMITH;PER TWC CARRY TO TRIAL DATE
Atty Name Party Name Party Type Filing Party
ATTORNEY GENERAL OF NJ LAW STUART/AN N. RABNER/MILGRAM PF
(ATTORNEY REQUIRED) DIGITAL GAS INC DF
BROEGE NEUMANN FISCHER & S LLC BRIAN SMITH DF
ROBERT G. STEVENS LYNN SMITH DF F
(ATTORNEY REQUIRED) WILLIAM BROWN DF
----------------------------------------------------------------
DEJA VU
Lynn Smith's attorney ROBERT G. STEVENS wanted out in 8/08
http://ragingbull.quote.com/mboard/boards.cgi?board=DIGG&read=11927
By: carmelbeach
15 Jan 2009, 04:27 PM EST
Msg. 12126 of 12126
Jump to msg. #
http://ragingbull.quote.com/mboard/nextboard.cgi?board=DIGG
1/9/09: MOTION TO RELIEVE COUNSEL DENIED
Venue MONMOUTH
Docket # C -000316-06
Court CHC
Proceeding Date 1/9/2009
Proceeding Time 900 A M
Court Room CHC
Proceeding Status COMPLETE
Case Filed Date 10/10/2006
Calendar Type MOTION HEARING
Judge Name THOMAS W CAVANAGH
Caption RABNER V DIGITAL GAS INC
Motion Type MOTION TO RELIEVE COUNSEL
Motion Status DENIED
Scheduled Hearing Date 1/9/2009
Oral Argument Requested N
Granted N
Granted Date
Motion Comment MTN THAT BROEGE NEUMANN FIRM BE RELIEVED AS COUNSEL FOR DEF BRIAN SMITH
PREVIOUSLY:
Venue MONMOUTH
Docket # C -000316-06
Court CHC
Proceeding Date 1/9/2009
Proceeding Time 900 A M
Court Room CHC
Proceeding Status PENDING
Case Filed Date 10/10/2006
Calendar Type MOTION HEARING
Judge Name THOMAS W CAVANAGH
Caption RABNER V DIGITAL GAS INC
Motion Type MOTION TO RELIEVE COUNSEL
Motion Status PG HEARING
Scheduled Hearing Date 1/9/2009
Oral Argument Requested N
Granted N
Granted Date
Motion Comment MTN THAT BROEGE NEUMANN FIRM BE RELIEVED AS COUNSEL FOR DEF BRIAN SMITH
Atty Name Party Name Party Type Filing Party
ATTORNEY GENERAL OF NJ LAW STUART/AN N. RABNER/MILGRAM PF
(ATTORNEY REQUIRED) DIGITAL GAS INC DF
BROEGE NEUMANN FISCHER & S LLC BRIAN SMITH DF F
ROBERT G. STEVENS LYNN SMITH DF
(ATTORNEY REQUIRED) WILLIAM BROWN DF
By: carmelbeach
15 Jan 2009, 04:06 PM EST
Msg. 12124 of 12124
(This msg. is a reply to 12091 by carmelbeach.)
Jump to msg. #
OK dokay here are the results of two motions on Friday
Smitty;s motion to change lawyers DENIED
Government motion GRanted
MTN TO VACATE 7/3/8 ODR STRIKING ANSW OF B.SMITH & ENTEENTER DEFLT A/T B.SMITH ONLY
wow and that is just the michigan stuff seperate from New Jersey fraud trial and whatever else they giot him on
Pacer Docket to date -
U.S. Bankruptcy Court
Eastern District of Michigan (Detroit)
Bankruptcy Petition #: 08-54958-tjt
Assigned to: Judge Thomas J. Tucker
Chapter 7
Previous chapter 11
Involuntary
Asset
Date Filed: 06/20/2008
Date Converted: 11/12/2008
Filing Date # Docket Text
12/20/2008 Trustee's Initial Report & First Meeting Held 12/18/2008 (Lim, K. Jin) (Entered: 12/20/2008)
12/12/2008 100 Order Authorizing Trustee to Employ Counsel (Related Doc # 87 ). (bmcl) (Entered: 12/15/2008)
12/12/2008 99 Concurrence of Office of U.S. Trustee Filed by Trustee K. Jin Lim (RE: related document(s) 87 Application to Employ Rodney M. Glusac/Bernardi, Ronayne & Glusac, P.C. as Attorneys for Trustee ). (Glusac, Rodney) (Entered: 12/12/2008)
11/26/2008 98 Clerk's Notice of Fees Due (bmcl) (Entered: 12/02/2008)
11/26/2008 97 Order Denying Debtor's Motion for Reconsideration (Related Doc # 88 ). (bmcl) (Entered: 11/26/2008)
11/26/2008 96 Order Denying Robert Pasek's Motion for Reconsideration (Related Doc # 92 ). (bmcl) (Entered: 11/26/2008)
11/25/2008 95 Certificate of Service Filed by Petitioning Creditor Robert Pasek (RE: related document(s) 92 Motion for Reconsideration/Rehearing (related documents 82 Order on Motion to Convert Case from Chapter 11 to Chapter 7), 93 Notice and Opportunity for Hearing). (bmcl) (Entered: 11/25/2008)
11/25/2008 94 Brief Filed by Petitioning Creditor Robert Pasek (RE: related document(s) 92 Motion for Reconsideration/Rehearing (related documents 82 Order on Motion to Convert Case from Chapter 11 to Chapter 7)). (bmcl) (Entered: 11/25/2008)
11/25/2008 93 Notice and Opportunity to Respond/Object; Filed by Petitioning Creditor Robert Pasek (RE: related document(s) 92 Motion for Reconsideration/Rehearing). Response due by 12/15/2008. (bmcl) (Entered: 11/25/2008)
11/25/2008 92 Motion for Reconsideration of the Courts Order Dated November 12, 2008 Converting Case to a Case Under Chapter 7 and Directing the Office of the US Trustee to appoint Chapter 7 Trustee Pursuant to L.B.R.9024-1 (related documents 82 Order on Motion to Convert Case from Chapter 11 to Chapter 7) Filed by Petitioning Creditor Robert Pasek (bmcl) (Entered: 11/25/2008)
11/25/2008 91 Order Granting Ex-Parte Motion to File Paper Documents(Related Doc # 89 ). (bmcl) (Entered: 11/25/2008)
11/25/2008 90 Certificate of Service Filed by Petitioning Creditor Robert Pasek (RE: related document(s) 89 Ex-Parte Motion to File Paper Documents). (bmcl) (Entered: 11/25/2008)
11/25/2008 89 Motion to File Paper Documents Filed by Petitioning Creditor Robert Pasek (bmcl) (Entered: 11/25/2008)
11/24/2008 88 Motion For Rehearing of Motion to convert Filed by Alleged Debtor Digital Gas, Inc (Attachments: # 1 Notice of Motion) (Fellrath, Richard) (Entered: 11/24/2008)
11/24/2008 87 Application to Employ Rodney M. Glusac/Bernardi, Ronayne & Glusac, P.C. as Attorneys for Trustee Filed by Trustee K. Jin Lim (Glusac, Rodney) (Entered: 11/24/2008)
11/15/2008 86 BNC Certificate of Mailing - Meeting of Creditors. (RE: related document(s) 85 Meeting of Creditors Chapter 7 Asset Business) No. of Notices: 14. Service Date 11/15/2008. (Admin.) (Entered: 11/16/2008)
11/13/2008 85 Meeting of Creditors 341(a) meeting to be held on 12/18/2008 at 04:30 PM at Room 315, 211 W. Fort St. Bldg., Detroit 341. Proofs of Claims due by 3/18/2009. (bmcl) (Entered: 11/13/2008)
11/13/2008 Corrective Entry DEADLINE RELATING TO FILING A CH 7 MEANS TEST DELETED, FORM NOT REQUIRED (RE: related document(s) 82 Order on Motion to Convert Case from Chapter 11 to Chapter 7) (ggg) (Entered: 11/13/2008)
11/12/2008 84 Objection to (related document(s): 57 Corrected Motion to Withdraw as Attorney by Ian Redmond , 64 Motion to Convert Case from Chapter 11 to Chapter 7 . Fee Amount $15) Filed by Petitioning Creditor Robert Pasek (bmcl) (Entered: 11/12/2008)
11/12/2008 83 Order granting Motion to Withdraw as Attorney (Related Doc # 57 ). (bmcl) Modified on 11/13/2008 (ggg). (Entered: 11/12/2008)
11/12/2008 82 Order Converting Case to a Case Under Chapter 7, and Directing the Office of the U.S. Trustee to Appoint Chapter 7 Trustee (Related Doc # 64 ) (bmcl) CORRECTED ENTRY: DEADLINE RELATING TO FILING A CH 7 MEANS TEST DELETED, FORM NOT REQUIRED Modified on 11/13/2008 (ggg). (Entered: 11/12/2008)
11/12/2008 Minute Entry. HEARING HELD - Order to Show Cause Dissolved/ CONVERSION MOTION GRANTED. (Vozniak, Mary) (Entered: 11/12/2008)
11/12/2008 Minute Entry. HEARING HELD - Motion Granted re: conversion (Vozniak, Mary) (Entered: 11/12/2008)
11/11/2008 81 Third Certification of Non-Response Filed by Alleged Debtor Digital Gas, Inc (RE: related document(s) 57 Corrected Motion to Withdraw as Attorney by Ian Redmond ). (Redmond, Ian) (Entered: 11/11/2008)
11/10/2008 80 Second Certification of Non-Response Filed by Alleged Debtor Digital Gas, Inc (RE: related document(s) 57 Corrected Motion to Withdraw as Attorney by Ian Redmond ). (Redmond, Ian) (Entered: 11/10/2008)
11/07/2008 79 Supplemental Brief Filed by Creditor Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities (RE: related document(s) 64 Motion to Convert Case from Chapter 11 to Chapter 7 . Fee Amount $15). (Shapiro, Mark) (Entered: 11/07/2008)
11/05/2008 78 Request for Hearing on Motion to Convert Filed by Alleged Debtor Digital Gas, Inc (RE: related document(s) 64 Motion to Convert Case from Chapter 11 to Chapter 7 . Fee Amount $15). (Redmond, Ian) (Entered: 11/05/2008)
11/05/2008 77 Ex Parte Motion to Extend Re: Time to Respond to Motion to Convert; Extend To November 19, 2008 Filed by Alleged Debtor Digital Gas, Inc (Attachments: # 1 Exhibit 1: Proposed Order) (Redmond, Ian) (Entered: 11/05/2008)
10/28/2008 76 Declaration of Compliance with October 13, 2008 Order Filed by Alleged Debtor Digital Gas, Inc. (Attachments: # 1 Exhibit A) (Redmond, Ian) (Entered: 10/28/2008)
10/23/2008 75 Corrected Notice and Opportunity to Respond/Object; Filed by Alleged Debtor Digital Gas, Inc (RE: related document(s) 57 Motion to Withdraw as Attorney). Response due by 11/10/2008. (Redmond, Ian) (Entered: 10/23/2008)
10/22/2008 74 Order Requiring Debtor's Attorney Morgan Assoicates, PLC to Correct Notice Deficiencies Relating to His Corrected Motion to Withdraw (Docket #57) (RE: related document(s) 57 Motion to Withdraw as Attorney filed by Alleged Debtor Digital Gas, Inc). Corrected Pleading Due on 10/29/2008. (bmcl) (Entered: 10/23/2008)
10/22/2008 73 Certificate of Service Filed by Creditor Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities (RE: related document(s) 67 Ex Parte Motion to Expedite Hearing (related documents 64 Motion to Convert Case From Chapter 11 to Chapter 7) and Adjourn November 5, 2008 Show Cause Hearing, 69 Order on Motion to Expedite Hearing). (Shapiro, Mark) (Entered: 10/22/2008)
10/21/2008 72 Equity Security Holders Updated Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 10/21/2008)
10/21/2008 71 Certificate of Service Filed by Creditor Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities (RE: related document(s) 67 Ex Parte Motion to Expedite Hearing (related documents 64 Motion to Convert Case From Chapter 11 to Chapter 7) and Adjourn November 5, 2008 Show Cause Hearing, 69 Order on Motion to Expedite Hearing). (Shapiro, Mark) (Entered: 10/21/2008)
10/21/2008 70 Application to Employ Ian M. Redmond as Attorney Nunc Pro Tunc Filed by Alleged Debtor Digital Gas, Inc (Redmond, Ian) (Entered: 10/21/2008)
10/21/2008 69 Ex-Parte Order Scheduling Expedited Hearing on Motion to Convert and Adjourning Show Cause Hearing (Related Doc # 67 )Hearing to be held on 11/12/2008 at 12:00 PM Courtroom 1925 for 67 , (RE: related document(s) 67 Ex Parte Motion to Expedite Hearing (related documents 64 Motion to Convert Case From Chapter 11 to Chapter 7) and Adjourn November 5, 2008 Show Cause Hearing Filed by Creditor Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities (Shapiro, Mark)). (bmcl) (Entered: 10/21/2008)
10/21/2008 68 Certification of Non-Response to Motion to Withdraw Filed by Alleged Debtor Digital Gas, Inc (RE: related document(s) 57 Corrected Motion to Withdraw as Attorney by Ian Redmond ). (Redmond, Ian) (Entered: 10/21/2008)
10/20/2008 67 Ex Parte Motion to Expedite Hearing (related documents 64 Motion to Convert Case From Chapter 11 to Chapter 7) and Adjourn November 5, 2008 Show Cause Hearing Filed by Creditor Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities (Shapiro, Mark) (Entered: 10/20/2008)
10/20/2008 66 Equity Security Holders Second of Two Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 10/20/2008)
10/20/2008 65 Equity Security Holders First of Two Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 10/20/2008)
10/16/2008 Receipt of Motion to Convert Case From Chapter 11 to Chapter 7(08-54958-tjt) [motion,mcn11t7] ( 15.00) filing fee. Receipt number 7372692, amount . (U.S. Treasury) (Entered: 10/16/2008)
10/16/2008 64 Motion to Convert Case from Chapter 11 to Chapter 7 . Fee Amount $15 Filed by Creditor Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities (Attachments: # 1 Exhibit List# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E) (Shapiro, Mark) (Entered: 10/16/2008)
10/13/2008 63 Order Regarding Debtor's Compliance with Fed.R.Bankr.P.1007(a)(3)and 2002(d). (RE: related document(s) 62 Stipulation filed by Creditor Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities). (bmcl) (Entered: 10/14/2008)
10/13/2008 62 Stipulation By and Between Creditor, Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities, the Debtor-in-Possession, and the Office of the U.S. Trustee Re: entry of Order regarding Debtor's compliance with BR 1007(a)(3) and BR 2002(d) . Filed by Creditor Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities. (Shapiro, Mark) (Entered: 10/13/2008)
10/09/2008 61 Certificate of Service Filed by Creditor Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities (RE: related document(s) 60 Order on Motion for Examination). (Shapiro, Mark) (Entered: 10/09/2008)
10/08/2008 60 Order for Examination of Brian Smith Under Bankruptcy Rule 2004 (Related Doc # 50 ). (bmcl) (Entered: 10/08/2008)
10/08/2008 59 Certification of Non-Response Filed by Creditor Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities (RE: related document(s) 50 Motion for 2004 Examination of Brian Smith, Notice and Certificate of Service). (Shapiro, Mark) (Entered: 10/08/2008)
10/03/2008 58 Notice of Order Establishing Deadlines and Procedures with BNC Certificate of Mailing. (RE: related document(s) 55 Order Establishing Deadlines and Procedures) No. of Notices: 15. Service Date 10/03/2008. (Admin.) (Entered: 10/06/2008)
10/02/2008 57 Corrected Motion to Withdraw as Attorney by Ian Redmond Filed by Alleged Debtor Digital Gas, Inc (Attachments: # 1 Proposed Order Exhibit 1 - Order# 2 Exhibit 2 - Notice of Motion) (Redmond, Ian) (Entered: 10/02/2008)
10/01/2008 55 Order Establishing Deadlines and Procedures . Combined Plan and Disclosure Statement due on 12/29/2008. Ballots due on 2/2/2009. Objections to Discl. and Conf. of Plan due on 2/2/2009. Obj. to Fast Track Order Due on 10/22/2008. Confirmation hearing to be held on 2/11/2009 at 11:00 AM at Courtroom 1925. (bmcl, ) (Entered: 10/01/2008)
10/01/2008 Minute Entry. CHAPTER 11 INITIAL STATUS CONFERENCE (RE: related document(s) 20 Order for Initial Ch. 11 Status Conference) (Vozniak, Mary) (Entered: 10/01/2008)
09/30/2008 54 Certificate of Service of Hand-Delivery by Richard Barry, New Jersey Bureau of Securities Chief Enforcement Officer Filed by Creditor Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities (RE: related document(s) 50 Motion for 2004 Examination of Brian Smith, Notice and Certificate of Service). (Shapiro, Mark) (Entered: 09/30/2008)
09/29/2008 56 Notice of Deficient Pleading: Ntc to Respondent Missing or Non-Compliant, . (RE: related document(s) 53 Motion to Withdraw as Attorney filed by Alleged Debtor Digital Gas, Inc) Notice to Respondent Due on 10/7/2008. (bmcl, ) (Entered: 10/01/2008)
09/29/2008 53 Motion to Withdraw as Attorney by Ian Redmond Filed by Alleged Debtor Digital Gas, Inc (Redmond, Ian) (Entered: 09/29/2008)
09/24/2008 52 BNC Certificate of Mailing - Meeting of Creditors. (RE: related document(s) 51 341 Meeting Issued after Auto Assign) No. of Notices: 13. Service Date 09/24/2008. (Admin.) (Entered: 09/25/2008)
09/22/2008 51 341 Meeting Issued after Auto Assign and Request to BNC for Issuance of First Meeting of Creditors. (bmcl, ) (Entered: 09/22/2008)
09/22/2008 Matrix Uploaded Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/22/2008)
09/22/2008 To: I. Redmond -Memorandum of Apparent Deficiency: Creditors were not uploaded to the case as described in Section VII of the Quick Reference Guide for Debtor Attorneys. FAILURE TO UPLOAD THE MATRIX WITHIN 8 DAYS MAY RESULT IN DISMISSAL FOR FAILURE TO FILE AN ACCEPTABLE MATRIX . YOU MAY WISH TO AMEND YOUR DOCUMENT. PLEASE DO NOT REPLY TO THIS EMAIL. (RE: related document(s) Matrix Uploaded filed by Alleged Debtor Digital Gas, Inc, Matrix Uploaded filed by Alleged Debtor Digital Gas, Inc) (bmcl, ) (Entered: 09/22/2008)
09/19/2008 50 Motion for 2004 Examination of Brian Smith, Notice and Certificate of Service Filed by Creditor Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities (Shapiro, Mark) (Entered: 09/19/2008)
09/18/2008 49 BNC Certificate of Mailing - Meeting of Creditors. (RE: related document(s) 43 Meeting of Creditors Chapter 11) No. of Notices: 3. Service Date 09/18/2008. (Admin.) (Entered: 09/19/2008)
09/18/2008 48 Certificate of Service for Status Conference Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/18/2008)
09/18/2008 Matrix Uploaded Updated Addresses Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/18/2008)
09/18/2008 47 Matrix Filed Updated Addresses Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/18/2008)
09/17/2008 46 Notice of Adjournment of Hearing (RE: related document(s) 20 Order for Initial Ch. 11 Status Conference) Hearing to be held on 10/1/2008 at 12:00 PM Courtroom 1925 for 20 , (Vozniak, Mary) (Entered: 09/17/2008)
09/17/2008 45 Notice to Disregard Previous Notice (RE: related document(s) 44 Notice of Adjournment of Hearing (Bk Motion/OSC)) (Vozniak, Mary) (Entered: 09/17/2008)
09/17/2008 44 Notice of Adjournment of STATUS CONFERENCE (RE: related document(s) 20 Order for Initial Ch. 11 Status Conference) Hearing to be held on 9/24/2008 at 11:00 AM Courtroom 1925 for 20 , (Vozniak, Mary) (Entered: 09/17/2008)
09/16/2008 43 Meeting of Creditors 341(a) meeting to be held on 10/10/2008 at 10:00 AM at room 315 E, 211 W. Fort St. Bldg. Detroit 341. Proofs of Claims due by 1/8/2009. (bmcl, ) (Entered: 09/16/2008)
09/15/2008 42 Certificate of Service for Initial Chapter 11 Status Conference Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/15/2008)
09/15/2008 Matrix Uploaded Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/15/2008)
09/15/2008 41 Matrix Filed Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/15/2008)
09/12/2008 40 Statement of Financial Affairs Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/12/2008)
09/12/2008 39 Schedule H - CoDebtors Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/12/2008)
09/12/2008 38 Schedule G - Executory Contracts and Unexpired Leases Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/12/2008)
09/12/2008 37 Schedule F - Creditors Holding Unsecured Nonpriority Claims Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/12/2008)
09/12/2008 36 Declaration under Penalty of Perjury for Debtors without an Attorney Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/12/2008)
09/12/2008 35 Schedule E - Creditors Holding Unsecured Priority Claims Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/12/2008)
09/12/2008 34 Schedule D - Creditors Holding Secured Claims Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/12/2008)
09/12/2008 33 Schedule C Joint Debtor - Property Claimed as Exempt Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/12/2008)
09/12/2008 32 Schedule B - Personal Property Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/12/2008)
09/12/2008 31 Schedule A - Real Property Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/12/2008)
09/12/2008 30 Chapter 11 Statement of Current Monthly Income - Form 22B . Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/12/2008)
09/12/2008 29 20 Largest Unsecured Creditors Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/12/2008)
09/09/2008 28 Certificate of Service Filed by Creditor Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities (RE: related document(s) 26 Order on Motion for Examination). (Shapiro, Mark) (Entered: 09/09/2008)
09/05/2008 27 Order for Examination of Robert Pasek under Bankruptcy Rule 2004 (Related Doc # 15 ). (bmcl, ) (Entered: 09/08/2008)
09/05/2008 26 Order for Examination of Austin Marshall Under Bankruptcy Rule 2004 (Related Doc # 14 ). (bmcl, ) (Entered: 09/08/2008)
09/05/2008 25 Notice of Withdrawal Filed by Creditor Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities (RE: related document(s) 22 Certification of Non-Response, ). (Shapiro, Mark) (Entered: 09/05/2008)
09/05/2008 24 Certification of Non-Response Filed by Creditor Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities (RE: related document(s) 15 Motion for 2004 Examination of Robert Pasek, Notice, and Certificate of Service). (Shapiro, Mark) (Entered: 09/05/2008)
09/05/2008 23 Corrected Certification of Non-Response Filed by Creditor Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities (RE: related document(s) 14 Motion for 2004 Examination of Austin Marshall, Notice, and Certificate of Service). (Shapiro, Mark) (Entered: 09/05/2008)
09/05/2008 22 Certification of Non-Response Filed by Creditor Stuart Rabner, Attorney General of the State of New Jersey, on behalf of Franklin L. Widdman, Chief of the New Jersey Bureau of Securities (RE: related document(s) 14 Motion for 2004 Examination of Austin Marshall, Notice, and Certificate of Service). (Shapiro, Mark) (Entered: 09/05/2008)
08/31/2008 21 BNC Certificate of Mailing. (RE: related document(s) 19 Order for Relief (Ch.11)) No. of Notices: 5. Service Date 08/31/2008. (Admin.) (Entered: 09/01/2008)
08/29/2008 20 Order for Initial Ch. 11 Status Conference . Status hearing to be held on 9/17/2008 at 11:00 AM at Courtroom 1925. (Vozniak, Mary) (Entered: 08/29/2008)
08/29/2008 19 Order for Relief Under Chapter 11. Incomplete Filings due by 9/15/2008. (Steinle, Jan) (Entered: 08/29/2008)
08/29/2008 Corrective Entry:INVOLUNTARY PETITION CHANGED FROM CHAPTER 7 TO CHAPTER 11. (RE: related document(s) 1 Involuntary Petition (Chapter 7), Involuntary Petition (Chapter 7) filed by Petitioning Creditor Robert Pasek, Alleged Debtor Digital Gas, Inc) (boggs, cheryl) (Entered: 08/29/2008)
08/27/2008 18 Answer to Complaint Response and Objection Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 08/27/2008)
08/14/2008 17 Amended Notice of Joinder of Petitioning Creditor(s) Pursuant to 11 USC Section 303(c) Filed by (RE: related document(s) 16 Notice of Joinder of Petitioning Creditor(s) Pursuant to 11 USC Section 303(c)). (bmcl, ) (Entered: 08/15/2008)
08/14/2008 16 Notice of Joinder of Petitioning Creditor(s) Pursuant to 11 USC Section 303(c) Filed by Petitioning Creditor Robert Pasek . (bmcl, ) (Entered: 08/15/2008)
08/12/2008 15 Motion for 2004 Examination of Robert Pasek, Notice, and Certificate of Service Filed by Creditor Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities (Shapiro, Mark) (Entered: 08/12/2008)
08/12/2008 14 Motion for 2004 Examination of Austin Marshall, Notice, and Certificate of Service Filed by Creditor Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities (Shapiro, Mark) (Entered: 08/12/2008)
08/08/2008 13 Certification of Petitioning Creditor Robert Pasek with exhibits. (bmcl, ) (Entered: 08/11/2008)
08/08/2008 12 Affidavit Filed by Petitioning Creditor Robert Pasek . (bmcl, ) (Entered: 08/11/2008)
08/01/2008 11 Order (related doc # 8 . (kmr, ) (Entered: 08/01/2008)
07/31/2008 10 Agreed Notice of Substitution of Counsel terminating Kostan Dino Kostopoulos, Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 07/31/2008)
07/31/2008 9 Notice of Appearance and Request for Notice Filed by Creditor Stuart Rabner, Attorney General of the State of New Jersey, on behalf of Franklin L. Widdman, Chief of the New Jersey Bureau of Securities. (Shapiro, Mark) (Entered: 07/31/2008)
07/28/2008 8 Stipulation By and Between Robert Pasek and Digital Gas, Inc. Re: Extension of Time to Respond to Petition through August 27, 2008. Filed by Alleged Debtor Digital Gas, Inc. (Attachments: # 1 Proposed Order Exhibit A - Proposed Order) (Kostopoulos, Kostan) (Entered: 07/28/2008)
07/28/2008 To: K. Kostopolous -Memorandum of Apparent Deficiency: The PDF Document does not Match Docket Text. This appears to be a stipulation order, not a stipulation with the order attached as Exhibit A. YOU MAY WISH TO AMEND YOUR DOCUMENT. PLEASE DO NOT REPLY TO THIS EMAIL. (RE: related document(s) 7 Stipulation filed by Alleged Debtor Digital Gas, Inc) (Vozniak, Mary) (Entered: 07/28/2008)
07/28/2008 7 Stipulation By and Between Robert Pasek and Digital Gas, Inc. Re: Extension of time to respond to Petition . Filed by Alleged Debtor Digital Gas, Inc. (Kostopoulos, Kostan) (Entered: 07/28/2008)
07/28/2008 6 Order Requiring Petitioning Creditor Robert Pasek to Show Cause in Writing Why This Case Should Not Be Dismissed (Order mailed to Petitioning Creditor). (bmcl, ) (Entered: 07/28/2008)
07/08/2008 5 Certificate of Service on (RE: related document(s) 4 Involuntary Summons Issued). (bmcl, ) (Entered: 07/08/2008)
06/27/2008 4 Involuntary Summons Issued on 6/27/2008 for Robert Pasek. SUMMONS MAILED TO ROBERT PASEK AT 4403 REILLY DRIVE, TROY, MI 48085 ON 6/27/2008. (Steinle, Jan) (Entered: 06/27/2008)
06/22/2008 3 Notice Regarding Reassignment of Case with BNC Certificate of Mailing (RE: related document(s) 2 Order of Reassignment (Judge)) No. of Notices: 1. Service Date 06/22/2008. (Admin.) (Entered: 06/23/2008)
06/21/2008 Receipt of Chapter 7 Filing Fee - $299.00 by NC. Receipt Number 00521298. (Admin.) (Entered: 06/23/2008)
06/20/2008 2 Order of Reassignment of Judge, Involvement of Judge Marci B McIvor Terminated. Judge Thomas J. Tucker added to case. . (bmcl, ) (Entered: 06/20/2008)
06/20/2008 1 Chapter 7 Involuntary Petition. Fee Amount $299 Re: Digital Gas, Inc Filed by Petitioning Creditor(s): Robert Pasek (Cotton, Nina) CORRECTIVE ENTRY: INVOLUNTARY PETITION CHANGED FROM CHAPTER 7 TO CHAPTER 11. Modified on 8/29/2008 (boggs, cheryl). (Entered: 06/20/2008)
is this normal Now Jan 29th Lynn looking to relieve counnsel. al seems ridiculous to me
Venue MONMOUTH Docket # C -000316-06 Court CHC
Proceeding Date 1/29/2009 Proceeding Time 900 A M Court Room CHC
Proceeding Status PENDING Case Filed Date 10/10/2006
Calendar Type MOTION HEARING Judge Name THOMAS W CAVANAGH
Caption RABNER V DIGITAL GAS INC
Motion Type MOTION TO RELIEVE COUNSEL
Motion Status PG HEARING Scheduled Hearing Date 1/29/2009
Oral Argument Requested N Granted N Granted Date
Motion Comment MTN FOR ATTY STEVENS TO BE RELIEVED AS COUNSEL A/T DEF LYNN SMITH;PER TWC CARRY TO TRIAL DATE
--------------------------------------------------------------------------------
Atty Name Party Name Party Type Filing Party
ATTORNEY GENERAL OF NJ LAW STUART/AN N. RABNER/MILGRAM PF
(ATTORNEY REQUIRED) DIGITAL GAS INC DF
BROEGE NEUMANN FISCHER & S LLC BRIAN SMITH DF
ROBERT G. STEVENS LYNN SMITH DF F
(ATTORNEY REQUIRED) WILLIAM BROWN DF
another motion for Jan 9th
Venue MONMOUTH Docket # C -000316-06 Court CHC
Proceeding Date 1/9/2009 Proceeding Time 900 A M Court Room CHC
Proceeding Status PENDING Case Filed Date 10/10/2006
Calendar Type MOTION HEARING Judge Name THOMAS W CAVANAGH
Caption RABNER V DIGITAL GAS INC
Motion Type MOTION FOR MISC MOTION
Motion Status PG HEARING Scheduled Hearing Date 1/9/2009
Oral Argument Requested N Granted N Granted Date
Motion Comment MTN TO VACATE 7/3/8 ODR STRIKING ANSW OF B.SMITH & ENTEENTER DEFLT A/T B.SMITH ONLY
--------------------------------------------------------------------------------
Atty Name Party Name Party Type Filing Party
ATTORNEY GENERAL OF NJ LAW STUART/AN N. RABNER/MILGRAM PF F
(ATTORNEY REQUIRED) DIGITAL GAS INC DF
BROEGE NEUMANN FISCHER & S LLC BRIAN SMITH DF
ROBERT G. STEVENS LYNN SMITH DF
(ATTORNEY REQUIRED) WILLIAM BROWN DF
Hearing 1/9/09 Smith Losing Attorney
Venue MONMOUTH
Docket # C -000316-06
Court CHC
Proceeding Date 1/9/2009
Proceeding Time 900 A M
Court Room CHC
Proceeding Status PENDING
Case Filed Date 10/10/2006
Calendar Type MOTION HEARING
Judge Name THOMAS W CAVANAGH
Caption RABNER V DIGITAL GAS INC
Motion Type MOTION TO RELIEVE COUNSEL
Motion Status PG HEARING
Scheduled Hearing Date 1/9/2009
Oral Argument Requested N
Granted N
Granted Date
Motion Comment MTN THAT BROEGE NEUMANN FIRM BE RELIEVED AS COUNSEL FOR DEF BRIAN SMITH
Atty Name Party Name Party Type Filing Party
ATTORNEY GENERAL OF NJ LAW STUART/AN N. RABNER/MILGRAM PF
(ATTORNEY REQUIRED) DIGITAL GAS INC DF
BROEGE NEUMANN FISCHER & S LLC BRIAN SMITH DF F
ROBERT G. STEVENS LYNN SMITH DF
(ATTORNEY REQUIRED) WILLIAM BROWN DF
From RB -
By: carmelbeach
22 Dec 2008, 06:37 PM EST
Msg. 12091 of 12091
(This msg. is a reply to 11883 by carmelbeach.)
Jump to msg. #
Jan 9th hearing in NJ to change lawyers again. Just a joke at this point
IHUB has become pumperheaven. However, IF you look at my profile I basically post on two boards Bounce and golden - They do not allow any pumping. Both really good trading boards - just honest people exchanging trading ideas.
I cannot stand paid shills.
Re:<"MY dear somehow I got removed as Mod lol.">
IHub routinely does that, especially if you're not pumping the stock. I spoke with IHub a while ago and they specifically said they prefer people who are proponents of the stock. They don't care much about how informative the people are. Since that tends to make boards biased, IHub is a horrible place to come for information. I know a lot of people here lost their butts on pump and dumps because moderators kept the threat of deletion to suppress honest skepticism. Other boards are definitely better for that reason.
By the way, thank you for your updates on this site. I've been watching Digital Gas for a while, ever since the Attorney General went after the CEO for using all shareholder funds to renovate his house. I can't believe he somehow wasn't shut down at that time.
I see the CEO is lying and fighting all the way down though. Hopefully this will be the end of that dirtbag.
DIGG CH 11 now CH 7
MY dear somehow I got removed as Mod lol.
NO court dates anymore - Wesbite is updated and I am in tears. IT wasnt CEO's fault he pilfered all the money after all - he says so.
http://www.digitalgas.com/
Corporate Overview
Prior to October 2006 Digital Gas was operating as an active business development company. Digital Gas had opportunities to acquire proprietary products and technologies in the energy, waste management and related fields. In addition, Digital Gas was involved in acquiring property and projects in the natural resource field.
Third party interference and other attacks against the company in 2005 and 2006 were designed to destabilize and destroy the company. These actions were intended to enable the perpetrators to divert corporate assets, opportunities and options for their personal gain. Subsequently, a civil suit was brought against Digital Gas by the Bureau of Securities of the State of New Jersey. In October, 2006, the company lost a significant amount of shareholder value and commercial opportunity that has lead to the need for the company to reorganize itself.
Starting in or about August 2005, these third parties and others acting in concert with them, filed complaints with the above regulator and prosecutors in New Jersey. Digital Gas was depicted as a worthless scam. Several months after the initial complaints were filed, one or more of the above third parties, acting through a newly formed company, obtained a significant loan at a federal bank in November 2005 using millions of restricted common shares in Digital Gas. The bank obtained a judgment against these persons and their company in November 2006.
Notwithstanding these still unresolved issues, Digital Gas continues to own significant commercial assets and opportunities in the aggregate business. It is the intent of Digital Gas to reorganize from this base of value and attempt to recover lost shareholder value.
NOTICE
On June 20, 2008, an involuntary Chapter 11 petition was filed against Digital Gas by a creditor under the United States Bankruptcy Code in the United States Bankruptcy Court for the Eastern District of Michigan, Case Number 08-54958. The company decided not to oppose this petition and thereby agreed to seek the protection of this Court. This step was taken because the Bankruptcy Code represents the only remaining legal process available to reasonably protect the assets and shareholder value of the company and enable it to operate to attempt to recover the shareholder value that has been lost.
July 18th hearing for Lynn to change lawyer
July 3rd Motion Granted per cal;ender website
Motion Status GRANTED Scheduled Hearing Date 7/3/2008
Oral Argument Requested N Granted N Granted Date
Motion Comment MTN TO STK ANSW OF DEF B.SMITH & PAY FEES
Investing is for those who don't know how to trade
and yet another court date set July 3rd
Venue MONMOUTH Docket # C -000316-06 Court CHC
Proceeding Date 7/3/2008 Proceeding Time 900 A M Court Room CHC
Proceeding Status PENDING Case Filed Date 10/10/2006
Calendar Type MOTION HEARING Judge Name THOMAS W CAVANAGH
Caption RABNER V DIGITAL GAS INC
Motion Type MOTION TO STRIKE ANSWER
Motion Status PG HEARING Scheduled Hearing Date 7/3/2008
Oral Argument Requested N Granted N Granted Date
Motion Comment MTN TO STK ANSW OF DEF B.SMITH & PAY FEES
--------------------------------------------------------------------------------
Atty Name Party Name Party Type Filing Party
ATTORNEY GENERAL OF NJ LAW STUART/AN N. RABNER/MILGRAM PF F
(ATTORNEY REQUIRED) DIGITAL GAS INC DF
BROEGE NEUMANN FISCHER & S LLC BRIAN SMITH DF
ROBERT G. STEVENS LYNN SMITH DF
(ATTORNEY REQUIRED) WILLIAM BROWN DF
Investing is for those who don't know how to trade
June 20th next court date
Venue MONMOUTH Docket # C -000316-06 Court CHC
Proceeding Date 6/20/2008 Proceeding Time 900 A M Court Room CHC
Proceeding Status PENDING Case Filed Date 10/10/2006
Calendar Type MOTION HEARING Judge Name THOMAS W CAVANAGH
Caption RABNER V DIGITAL GAS INC
Motion Type MOTION FOR MISC MOTION
Motion Status PG HEARING Scheduled Hearing Date 6/20/2008
Oral Argument Requested N Granted N Granted Date
Motion Comment MTN FOR THE APPOINTMENT OF A RECEIVER FOR DEF DIGITAL GGAS & TO SET TRIAL DATE & PROOF HEARING DATE
--------------------------------------------------------------------------------
Atty Name Party Name Party Type Filing Party
ATTORNEY GENERAL OF NJ LAW STUART/AN N. RABNER/MILGRAM PF F
(ATTORNEY REQUIRED) DIGITAL GAS INC DF
BROEGE NEUMANN FISCHER & S LLC BRIAN SMITH DF
ROBERT G. STEVENS LYNN SMITH DF
(ATTORNEY REQUIRED) WILLIAM BROWN DF
this guy is close to smitty - but likely still feeding him money as I think he beleives the fairy tale
By: coloriverman
26 Apr 2008, 06:12 PM EDT
Msg. 11684 of 11686
Jump to msg. #
Buckey it never ceases to amaze me that you can spend soo much time on a stock that you don't own and that the outcome of the court case is meaningless to you personally. I own a significant number of shares and can't spend every day watching raging bull for a new morsel of info to attack or investigate. Personally, I wish you would get a life and leave us alone but answering your questins provides a means of informing interested parties about ongoings of the company.
However here is some more info to chew on. No one was in court yesterday. The matter was likely postponed until May 7th when the Court is slated to hear Smith’s motion Remediating False Info.
It is impropable that the Court is going to decide on something as important as receivership for Digital Gas until at least the motion on May 7th is heard. I believe you will also see a Digital Gas attorney surface shortly. Until now it appears that Smith has been fighting the fight for both the company and himself. One reason might have been to save money.
For some reason the AG has continually sought to attach Smith’s lawyer’s fees. It also appears as if they filed a lot of unnecessary motions which were either denied or withdrawn. The fear of wasting money better spent on the company or having it attached made this a cost effective strategy.
There was a case conference on April 7th. The AG put their motion out right after the case conference and was shortly followed by Digital’s motion. Smith’s motion appears to call for a remediation of false info, it might be the case that his attorney voiced some objection to the judge that was followed up by a motion.
The fact that the AG went for receivership right after the case conference and after this long period of time might indicate that they wanted to pre-empt the Remediating False Info motion and render the company dead in the water before Smith had the time or funds to retain an attorney.
I have personally reviewed a number of business plans for DIGG and believe the potential still exists for significant value if the funding can be obtained. Funding has always been the biggest obstacle facing the company. The attack by the AG was the worst thing that could have occurred to the shareholders of the company because of the impact on negotiations at that time. If the company gets financed, the plans happen. If it doesn’t get financed, nothing happens.
If the receivership is granted, every deal the company had or might have added will no doubt evaporate.
The quarry is 100 million tons and Digital Gas owns half of that. Sold as a greenfields project, 100 million tons could possibly fetch $1.00 per ton. On a pre-tax basis and assuming 50 million shares outstanding, that looks like $1.00 per share value.
I don’t think the receivership motion will be granted. The quarry is going nowhere. Also, Digital Gas has a partner, so, presumably, it can do nothing without its partner without a lot of legal expense to sever the property in court. Hence, Smith won’t be carting off 50 million tons any time soon.
On the other hand, if the receivership motion is granted prematurely, even on some technicality and without a full evidentiary hearing, you can kiss-off the investors, the products, the technologies, the employees, the consultants and any funding it might get.
I see the receivership motion as a massive cover-up and attempt to short cut Digital Gas and its shareholders.
I am certain the judge sees through this and will wait until the May 7th hearings before he decides.
Buckey the the point that you should address is not what other quarries and where. You’ll find that out along with everyone else.
The point is the $850,000 federal bank fraud with 2.5 million shares of Digital Gas stock. If you called Lowe, he probably told you to avoid the bank question.
The facts are clear:
1. People filed complaints against the company to law enforcement and regulators, claiming it was a worthless scam;
2. The same people took restricted shares of Digital Gas stock to a federal bank, filled out false loan applications and proceeded to literally rob the bank of $850,000;
3. They formed their own company and substituted it for the Digital Gas subsidiary they were charged fiducially to protect in the federal bankruptcy court in Wyoming;
4. After they disappeared from the bank, the bank tried to get the shares freed up;
5. Digital Gas refused to free up the restricted shares;
6. More complaints were filed against Digital Gas for defrauding them and the bank (for what who knows);
7. Digital Gas was served with a civil complaint by the BOS
8. The people who defrauded the bank, and forum members, bought into the other half of the Digital Gas property in Shelburne directly, through proxies or silently
…….and you want to know about additional quarries?
Rather than pursuing the success of DIGG all of your efforts are to prove the company as a scam. Based on your track record it would be insane to provide you with that kind of information.
As the self appointed defender of Digital Gas shareholders why not pursue the bank robbers, the bank and the court out west? Fairway Energy LLC is another name to pursue.
oh I think there might be a very small shred there but it has been twisted and strectched and convoluted by the laster con man - MY guess - BUT the sad thing is like CMKX CSHD and SLJB they have beleivers
Buckey
The question is does this yarn have truth to it?
Chewy
HUMM quite a yarn
No, XRAY I am not an insider. I happen to be a CPA that invested in DIGG along with several family members and friends. My only financial incentive is in seeing the company stock go up in value. When the stock got hammered I went after some answers. The following is what I have been able to discover from my inquiries. Hopefully this information will provide other shareholders with some new understanding about DIGG.
Based on bank records and other correspondence a group defrauded a bank in November of 2005. This same group was attempting to divert DIGG assets as early as 2004 and continuing through June of 2005.
They approached Smith with bribes of $15 million and $65 million to relinquish control of quarry properties held by DIGG. Smith refused to participate in the bribes and took the honorable approach of protecting DIGG shareholders. When the group tried to circumvent DIGG's claim to the quarries,Smith exposed their intentions.
They immediately began filing reports with the Monmouth County Prosecutor that the company was a scam. This same group first became involved in assisting DIGG in obtaining financing for the various technologies and properties that DIGG was pursuing and were well aware of the huge potential of the company. To claim DIGG was a scam was hypocritical to the extreme.
Two months after claiming DIGG was a scam to the MCP and BOS, they took 2.5 million shares of stock to an official of the aforementioned bank and obtained a loan for hundreds of thousands of dollars using the stock as collateral. Apparently the bank official was known by someone in the group and likely received a payment for approving the loan. In order to obtain the loan they would have filed fraudulent documents about the true value of DIGG stock.
The cash from the loan was used for personal enrichment and as funds to continue raids on DIGG assets. For instance, they substitued a DIGG subsidiary at a federal bankruptcy court in Wyoming with the name of the company that obtained the loan. This was done in an attempt to gain control of an energy property that was being pursued by DIGG. Therefore, they filed fraudulent documents with the court from November of 2005 to November of 2006.
The court originally decided the energuy property should be awarded to DIGG. However, DIGG was unable to meet the stipulations of the court to obtain the property at that time.
As gas prices dropped from highs and complaints against water damage on CBM properties increased, the fraudulent group also failed to get funding to take the property out of bankruptcy court.
Almost three months prior to the civil suit, the bank called Smith and asked for the 2.5 million shares of restricted stock to be freed up. Smith refused and the bank their loan applicants committed fraud against both the bank and DIGG. After the bank lawyer called, a settlement was worked out whereby DIGG would buyback the note, but not the shares.
The company was unwilling to let the fraudulent group go without prosecution. Buying the note left the option open of pressing charges for fraud against the perpetrators of the stock loan scheme.
The company had one condition, DO NOT TELL THE LOAN APPLICANTS WHAT WAS ABOUT TO OCCUR. The company knew they would come after DIGG again in NJ or in the market.
Unfortunately, the bank filed a UPC notice on Levinson et and the person handling the account must have tipped of the group. The UPC was up at the end of September. DIGG was raided less than two weeks later.
Five federal agencies and 50 agents do not raid a person’s home over placing a couple of hundred thousand dollars into the renovation of a family home. That would have been handled by the Monmouth County Prosecutor. The agencies were pursuing alleged interstate bank fraud. Rumors also existed that Smith had 5-10 million stashed away.
There were renewed complaints to the BOS in August and September of 2006. the complaints were intended to shut down DIGG. This would have ensured that DIGG shareholders incurred a total loss.
After the filing of a lawsuit and failing to meet the funding promised to the Wyoming Bankruptcy Court for more than a year,
the conspirators went back to Lowe and resumed their prior attempts to grab quarry properties. That occurred in 2007 and remains pending. Presumably, Lowe signed deals with them and everyone is waiting to see how this turns out.
Smith was naive in thinking he could manage or fight them alone.
Smith could have taken the $15 or $65 million bribes. Smith could have taken the restriction off the 2.5 million shares of stock. However, he chose to protect the interests of the shareholders and has experienced significant anguish for that decision.
The BOS will try to ignore these facts in order to save face. That is unfortunate because their fiduciary duty is to the shareholders of DIGG. They should focus some of their efforts in pursuing the illegal activities of the group antagonistic to DIGG.
The reason is simple. Several of the support letters used against DIGG and Smith were written by members of the group that robbed the bank.
A major investor whose money Smith was alleged to have put into his house filed false and misleading claims and has ties to the bank robbing group.
At some point a modicum of ethics will take hold of someone with the authority to once and for all arrest these people for initially misleading the prosecutor, the BOS and the AG and for defrauding the federal bank of $850,000 with DIGG restricted shares and a well placed bribe. By the way, the loan officer was fired when the bank caught on.
At the end of September DIGG once again refused to free up the 2.5 million shares held by the bank. The bank, acting on the advice of its crooked clients, no doubt called the BOS.
The AG went for receivership. I doubt if it has anything to do with Smith’s house, as we never heard a follow-up release indicating that they found the $5 or $10 million in hundred dollar bills they were told were salted away. No, it is more like the new DIGG attorney finally began an offensive for him and all of us and they acted quickly to shut down DIGG, shut down the truth, before any additional information that refutes their press release could be mounted and utilized in Court. If they get their receiver, kiss DIGG goodbye. Is it right? No. Is it fair? No.
If the BOS and the AG were acting in the interest of shareholders, they would put out a release and note that DIGG had the asset on its website, possibly more assets and that the company had been defrauded and victimize by a group that filed false complaints in NJ, defrauded a federal bank and then replaced DIGG in the bankruptcy court in Wyoming.
There are even reports that the BOS has proactively told investors that there are no assets AFTER THE ASSET WAS POSTED ON THE WEBSITE.
Apparently prosecutors are more interested in a cover up than the truth. A press release that admits the company has at least one asset, apart from being the legal and ethical thing to do, would not serve their case against Smith.
If and when the truth comes out, Smith will have used most of the investor's money pursuing deals. Unfortunately closing deals has not been his long suit.
It appears Smith paid himself about $300,000 since 1999, or about $40,000 a year. Much of that money was used to pay operating expenses. This atrocity pales when compared to bank fraud of $850,000 by the known asset grabbers using restricted paper and a bribed bank official.
If a good chunk of the $300,000 came from a person that gave it to Smith FOR THE EXPRESS PURPOSE of fixing a leaking roof, and that person also worked on Smith’s house and the investment had nothing whatsoever to do with DIGG, then the shareholders of DIGG have been scammed by the BOS in this suit.
The matter could have and should have been handled by the Monmouth County Prosecutor.
Instead of going for receivership and effectively trying to cover this all up, the AG should distance itself from the apparent faulty and dubious investigative work and claims of the BOS, issue a press release that there is an asset and arrest a group of people they should have arrested at any time over the last 18 months.
Carmelbeach, you have worked tirelessly to print the low stock prices and print the court dates. I am going to help you out. There is a new motion on for May 7th.
http://www.judiciary.state.nj.us/acms/MOTN/CV0390w0e.asp
REMEDIATING FALSE INFO.
Smith has an attorney.
Smith’s attorney filed.
The judge is encouraging remediation.
If the AG knew of DIGG assets for the last 18 months and did not update shareholders, if the BOS lied and misrepresented to investors, shareholders or the public during this time, if they both have failed to bring the bank robbers to justice and let DIGG shareholders suffer, all to keep their civil case in tact…
THEN THEY HAVE A LOT OF REMEDIATING TO DO TO DIGG SHAREHOLDERS.
I agree that federal banks normally don’t give loans using pink sheet stocks as collateral.
From my investigation, it appears evident that efforts have been taken to destroy DIGG and seize its assets. These efforts have prevented DIGG from moving forward on a number of business plans.
Everyone can now post the October 2006 press release on the forum for the 100th time, as evidence that DIGG is a scam.
FINALLY, WHAT IF WE FIND THAT LEVINSON HAS EXTENSIVE TIES TO THE RECEIVER AND SEVERAL OF ITS PRINCIPALS? Will we excuse that to coincidence? If the ties exist, as shareholders we should write letters to Anne Milgram and have her excuse the chief investigator of the BOS from the case.
Maybe someone should write the governor of NJ and ask him to verify that a sub of Digital Gas had a $75 million offer from Goldman Sachs. The governor should be able to verify this information as a past chairman and CEO.
Unfortunately for DIGG shareholders the fox got into the DIGG hen house. A misinformed AG led by the BOS could be the end to this company unless the shareholders demand the AG look at all the facts of the case with the purpose of arriving at the truth.
HUMM new docket to appoint receiver
Venue MONMOUTH Docket # C -000316-06 Court CHC
Proceeding Date 4/25/2008 Proceeding Time 900 A M Court Room CHC
Proceeding Status PENDING Case Filed Date 10/10/2006
Calendar Type MOTION HEARING Judge Name THOMAS W CAVANAGH
Caption RABNER V DIGITAL GAS INC
Motion Type MOTION FOR MISC MOTION
Motion Status PG HEARING Scheduled Hearing Date 4/25/2008
Oral Argument Requested N Granted N Granted Date
Motion Comment APPOINTMENT OF RECEIVER FOR DF DIGITAL GAS
--------------------------------------------------------------------------------
well well well
Docket Update: Hearing 2/29/08 to Incarcerate Smith
Docket Update: Hearing 2/29/08 to Incarcerate Smith
Venue MONMOUTH
Docket # C -000316-06
Court CHC
Proceeding Date 2/29/2008
Proceeding Time 900 A M
Court Room CHC
Proceeding Status PENDING
Case Filed Date 10/10/2006
Calendar Type MOTION HEARING
Judge Name THOMAS W CAVANAGH
Caption RABNER V DIGITAL GAS INC
Motion Type MOTION FOR MISC MOTION
Motion Status PG HEARING
Scheduled Hearing Date 2/29/2008
Oral Argument Requested N
Granted N
Granted Date
Motion Comment BRIAN SMITH VIOLATED ORDER 12/11/07; INCARCERATE IN MON CTY JAIL
Atty Name * Party Name * Party Type * Filing Party
ATTORNEY GENERAL OF NJ LAW * STUART RABNER * PF * F
(ATTORNEY REQUIRED) * DIGITAL GAS INC * DF
(PRO SE) * BRIAN SMITH * DF
ROBERT G. STEVENS * LYNN SMITH * DF
(ATTORNEY REQUIRED) * WILLIAM BROWN * DF
-------------------------------------------------------------------
Apparently DIGITAL GAS, BRIAN SMITH and WILLIAM BROWN do not have attorneys.
-------------------------------------------------------------------
RB board thety are getting restless - Delusion meds wearing off
LYNN smith home assessed at $1.25 Million. Nice
http://php.app.com/mod4taxb/details.php?recordID=2034281
and they have a lot elsehwre bought in 2000
http://php.app.com/mod4taxb/details.php?recordID=1810459
wortHy of a REPOST FROM rb
http://ragingbull.quote.com/mboard/boards.cgi?board=DIGG&read=11019
By: william_o_jones
11 Nov 2007, 12:14 AM EST
Msg. 11019 of 11022
(This msg. is a reply to 11017 by Buckey_John.)
Jump to msg. #
"seems like a lot of people on here a lot closer to DIGG that the average person"....WOW you are quick....bj,caulderhead,kirk... what are your thoughts on the FOLLOWING...
What if Smith, knowing that numerous complaints were made to the Prosecutor and the Bureau of Securities that the company was a scam were made in August, September and October of 2005, went ahead and...
took 2.5 million shares of DIGG restricted stock to a federal bank in November of 2005 seeking a loan....filled out and filed loan documents that did not mention the complaints, that the company was deemed a scam et cetera..... received several major loans from the federal bank based on DIGG restricted shares as collateral....and walked from the loans without paying interest or principal; and in November 2006 the bank sued and received an $850,000 judgment against him?????
In summary, Smith knew of the complaints, knew that certain people accused the company of being a scam to local and state regulators, yet went ahead and filled out loan documents at the federal bank, and, possibly, knew the bank official, who possibly pushed through the loan on some assurance by Smith.
What would you think of Smith if he did that?
What should happen to Smith if he did that?
My impression was that Smith was dead wrong for seeking, getting the loan and then stiffing the federal bank after knowing that a rash of complaints were made against him and the company two months before the Prosecutor and the Bureau of Securities.
DON’T TELL ME THAT I AM SOFT ON THE COMPANY.
I AM AGAINST ALL POSTERS WITH DIRTY HANDS.
I AM P O THAT THE COMPANY NEVER BECAME COMMERCIAL.
- - - - -
a nothing court date tomorrow - hearing for legal fees or something for smitty;s ex lawyers. I never lost any money here but lets all get hammered the day the put him away - if we are all still alive ( due to old age and the slowness of the system)
Oct 19th moved to Nov 2nd
Happy anniversary - 1 year since the 30 agent Raid.
Smitty I promise you I will look you in the eye on your sentencing day if I can at all make it to the court and I never lost a penny on this. Like Lou Pearlman you will get yours.
Oct 19th now for next court date- looks like mawyers looking for money from smitty
Venue MONMOUTH Docket # C -000316-06 Court CHC
Proceeding Date 10/19/2007 Proceeding Time 900 A M Court Room CHC
Proceeding Status PENDING Case Filed Date 10/10/2006
Calendar Type MOTION HEARING Judge Name THOMAS W CAVANAGH
Caption RABNER V DIGITAL GAS INC
Motion Type MOTION FOR MISC MOTION
Motion Status PG HEARING Scheduled Hearing Date 10/19/2007
Oral Argument Requested N Granted N Granted Date
Motion Comment AUTHORIZE USE OF FUNDS FROM PASEK & OTHERS
--------------------------------------------------------------------------------
Atty Name Party Name Party Type Filing Party
ATTORNEY GENERAL OF NJ LAW STUART RABNER PF
(ATTORNEY REQUIRED) DIGITAL GAS INC DF
(ATTORNEY REQUIRED) BRIAN SMITH DF F
ROBERT G. STEVENS LYNN SMITH DF
(ATTORNEY REQUIRED) WILLIAM BROWN DF
online detail only changed to partial now and that was for the motion for smitty to give a deposition I think
tomorroa dude and I suspect it is nothing more than another delay
Some ones buying. EOM
Strange day for stock price.
Gapped up to .03, .04, and .05 cents.
Anyone know anything?
Sept 7th hearing now sept 20th
Venue MONMOUTH Docket # C -000316-06 Court CHC
Proceeding Date 9/20/2007 Proceeding Time 900 A M Court Room CHC
Proceeding Status PENDING Case Filed Date 10/10/2006
Calendar Type MOTION HEARING Judge Name THOMAS W CAVANAGH
Caption RABNER V DIGITAL GAS INC
Motion Type MOTION TO COMPEL DEPOSITION
Motion Status PG HEARING Scheduled Hearing Date 9/20/2007
Oral Argument Requested N Granted N Granted Date
Motion Comment COMPEL DEPS OF BRIAN SMITH
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Atty Name Party Name Party Type Filing Party
ATTORNEY GENERAL OF NJ LAW STUART RABNER PF F
(ATTORNEY REQUIRED) DIGITAL GAS INC DF
ANSELL ZARO GRIMM & AARON BRIAN SMITH DF
ROBERT G. STEVENS LYNN SMITH DF
(ATTORNEY REQUIRED) WILLIAM BROWN DF
Sept 7th next hearing
Motion Type MOTION TO COMPEL DEPOSITION
Motion Comment COMPEL DEPS OF BRIAN SMITH
todays hearings were
Motion Type MOTION TO WITHDRAW AS COUNSEL
Motion Comment RELIEVED AS COUNSEL FOR BRIAN SMITH
and the second was withdrawn
Motion Type MOTION TO ENFORCE LITIGANTS RIGHTS
Motion Comment ENFORCE LITS RIGHTS
I have no idea what all this means but the gong show continues
August 17th two court dates on docket for DIGG - stall tactics.
Looks like smitty getting rid of counsel. New Judge also
Motion Type MOTION TO WITHDRAW AS COUNSEL filed by defense for one listing and the other is
and filing by AG for Motion Type MOTION TO ENFORCE LITIGANTS RIGHTS
best Guess Smitty has convinced a few of the faitful that a deal is looming just like the last 100 that never happened
Kinda aslap on the wrist really
http://www.nj.com/business/ledger/index.ssf?/base/business-6/1182315343311910.xml&coll=1
Brian Smith was never at a loss when it came to extolling the virtues of a small public company he controlled called Digital Gas.
Then, last fall, state securities regulators sued him, alleging Smith used a variety of lies to lure investors and used their cash for his personal expenses. A judge enjoined him from putting out further news releases or providing investors with misleading information.
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But the Spring Lake resident has continued talking to investors, telling them deals and agreements are almost done and the stock will go up, according to court papers and an attorney for the state.
So yesterday, during a court hearing in Freehold, the Attorney General's Office asked a judge to throw Smith in jail.
Superior Court Judge Alexander Lehrer declined, but warned Smith to change his ways.
"I understand you feel you've done nothing wrong and you feel you have a viable company that can grow," the judge said. But, he added, "You can't go around doing business like you used to do, or I'm going to have no alternative but to do something about it."
Although Lehrer denied the state's request to jail and fine Smith, the judge told Deputy Attorney General Christopher Gerold he could refile the motion if necessary after Sept. 1.
The attorney general and state Bureau of Securities sued Digital Gas, Smith and a Canadian man in October alleging civil securities fraud. The two were accused of improperly issuing millions of shares of stock to themselves and others, then using fake news releases to inflate the price of the stock.
State officials, who along with the FBI and others seized documents at Smith's home during an October search, charged in court documents Digital Gas is nothing more than a shell company with no revenue, bank accounts or known business operations.
James Aaron, who officially became Smith's attorney earlier this month, said there were other ways for the state to accomplish its goals besides holding Smith in contempt. He did not detail those methods.
Yesterday afternoon, after the hearing, Aaron said poor record keeping and innuendo were two reasons why the case has reached this stage. He noted he may ask a judge to lift prior injunctions against Smith if information Smith provides Aaron supports such a request.
Also yesterday, the judge criticized state officials for asking him to sanction Smith's wife, Lynn, for spending $8,500 wired into her bank account from two Digital Gas shareholders for food, clothes, school tuition for her daughters and other living expenses. The state asserted her receipt of the money violated a prior freeze order.
Greg Saitz may be reached at gsaitz@starledger.com or (973) 392-7946.
JUne 19th motion denied
Motion Type MOTION TO ENFORCE LITIGANTS RIGHTS
Motion Status DENIED
sorry folks no update till the am and that may be sketchy at best
Next Tuesday the 19th next hearing
The Kool aid gang on RB is piping up " Its all gonna be OK". so sad really.
Friday's Motion granted. Notreally sure waht the motion was.
Calendar Type MOTION HEARING Judge Name ALEXANDER D LEHRER
Caption RABNER V DIGITAL GAS INC
Motion Type MOTION FOR MISC MOTION
Motion Status GRANTED Scheduled Hearing Date 6/8/2007
Oral Argument Requested N Granted N Granted Date
Motion Comment AUTHORIZE USE OF MONIES RETAINER PD BY SIEDELL
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Most recent events are not that good In reverse Chronology
Latest developments:
Latest developments October 2009. Basically NewJersey courts order Smith to Pay 5.2 Million in illeagel profits gained from selling unregistered shares. I beleive that they have foreclosed on his home to collect. Look to posts starting at 231 as the next few posts show the news coverages
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=42040307
New Jersey man must pay nearly $5.2 million in penalties and restitution stemming from a penny stock fraud case.A judge in Monmouth County ruled Monday that Brian Smith sold unregistered stock to 200 investors. The judge found the Spring Lake resident issued news releases that manipulated the price and demand for the stock of a company called Digital Gas, which is now in bankruptcy.The judge said the scheme lasted from 1999 to 2007. He also found that Smith and his wife used investor funds for their personal benefit, including mortgage payments and improvements to their home.Authorities say Digital Gas was a shell company with no real operations. Its Web site claimed it was a business incubator for new technologies in the energy and natural resource fields.
Many many delays in court.
check here eventual;ly we will find him
https://www6.state.nj.us/DOC_Inmate/inmatefinder?i=I
or here
http://php.app.com/datauniverse/inmates/
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HISTORY of court dates:
Jan 29th - MNT FOR FINAL JUDGMENT BY DEFLT A/T DEF DIGITAL GAS
Jan 29th - MTN FOR ATTY STEVENS TO BE RELIEVED AS COUNSEL A/T DEF LYNN SMITH;PER TWC CARRY TO TRIAL DATE
Jan 9th - MTN TO VACATE 7/3/8 ODR STRIKING ANSW OF B.SMITH & ENTEENTER DEFLT A/T B.SMITH ONLY - GRANTED
Jan 9th - MTN THAT BROEGE NEUMANN FIRM BE RELIEVED AS COUNSEL FOR DEF BRIAN SMITH = DENIED
Nov 23- CH 7 converted to CH 7
July 18th hearing for Lynn to change lawyer
July 3rd Motion Granted - MTN TO STK ANSW OF DEF B.SMITH & PAY FEES
June 20th - MTN FOR THE APPOINTMENT OF A RECEIVER FOR DEF DIGITAL GGAS & TO SET TRIAL DATE & PROOF HEARING DATE
New Docket top appoint receiver for April 28th
Feb 29th 2008 - heating to incarcerate Smith - delayed until Marc 28th - No updates as at April 15th
Nov 2nd, 2007 - Oct 19th hearing below delayed until Nov 2nd - Oct 19, 2007 - Motion for monies AUTHORIZE USE OF FUNDS FROM PASEK & OTHERS
Sept 20, 2007 - Sept 7th hearing below dealyed until the 20th
Sept 7, 2007 - Sept 7th next hearing
Motion Type MOTION TO COMPEL DEPOSITION
Motion Comment COMPEL DEPS OF BRIAN SMITH
August 17, 2007 two hearings - Smitty moves to dismiss his lawyers and is successful. the other is that Litigants rights one from June 8th and 19th
JUNE 25,2007 -this post is a news story of the trial
http://investorshub.advfn.com/boards/read_msg.asp?message_id=20741926 No sense clicking on the news link it expired.
June 19,2007 :"ENFORCE LITS RIGHTS AGAIN BRIAN & LYNN SMITH" motion denied?
JUNE 8, 2007 This day had two hearings one was to:"ENFORCE LITS RIGHTS AGAIN BRIAN & LYNN SMITH" and other was "AUTHORIZE USE OF MONIES RETAINER PD BY SIEDELL " The second appeared to have been granted. the former was delayed until June 19th.
May 29, 2007
March 2, 2007 hearing was for depositions
Feb 16,2007 was delayed until March 2nd
Jan 19 2007 hearing from Nov 3rd and Dec 10th that was delayed - court can be found here.
It is the MONMOUTH venue and search on Digital Gas. Not much detail
http://www.judiciary.state.nj.us/acms/MOTN/cv0390w1e.asp
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SEC suspends DIGG for standard two weeks on Nov 17th, 2006
http://www.sec.gov/litigation/suspensions/2006/34-54772.pdf
Official New release by the New Jersey Office of the Attorney General Oct 13 2006
Penny Stock Digital Gas (DIGG.PK), Three Individuals Ordered to Cease Securities Related Activities, Assets Frozen State Seeks Restitution and Civil Monetary Penalties
http://www.njconsumeraffairs.gov/press/pennystock.htm
New Jersey articles on Raid on Smith's home and immediate Civil suit filed by State
http://www.investorshub.com/boards/read_msg.asp?message_id=14019305
http://www.investorshub.com/boards/read_msg.asp?message_id=13989572
http://www.investorshub.com/boards/read_msg.asp?message_id=13980839
I have posted each and every NR starting in 199 until late 2006 and they are in order starting with this post
http://www.investorshub.com/boards/read_msg.asp?message_id=15460580
NIce link to one asset on DIGG website
http://investorshub.advfn.com/boards/read_msg.asp?message_id=15535337
Digital Gas, Inc.
Brian Smith, 732-927-4073
energei@optonline.net
http://www.digitalgas.com
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