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I believe that THJMW has already talked to the DC court and I bet you soon as they file there pleadings the Judge dismisses it sua sponte for lack of subject matter jurisdiction.
I don;t think she said that about the ninth circuit she stated they could have appeal the DC ruling but failed to. They were trying to get the Judge to open a window so that if she ruled allowing the claims the LT would have not honored it meaning they then would have appealed, the EC would have then lost the appealed, then they would have appealed to the ninth circuit. See the appeal is time barred but if she would have allowed the claims that would have been the backdoor for the litigation to continue. However, she denied the claims based on lack of jurisdiction ruled by the DC court as the BK court and stayed distribution allowing time for there appeal that she stated was futile. Why? Because they have no grounds to appeal her decision as it was not her decision it was the district courts decision acting as the BK court that they failed to appeal. You see...
SHe does not have to authorize an appeal she merely stayed the distribution pending the District Courts allowing an appeal and left the bond issue up to the District Court. There is no 2 week time frame on this case as the judgment is finial from the district court. This hail marry from the EC is much like a motion for reconsideration and will be denied... As the court lacks jurisdiction. There time to appeal the DC ruling to I believe the 9th circuit is over. The EC is done, time to eat!
To appeal something you have to post a supersedeas bond to protect the money judgment. In Mississippi if you don't the Appellee can still enforce the original judgment. Without the bond there is no stay because in order to stay you have to protect the Appellee's interest in a case ie: bond. If you loose then the Appellee files a motion against your bond and the bond company will pay the judgment amount then they go after the Appellant for the amount they had to payout that is why bonds are high. IMO
True but this has to be dealt with and put behind us... See they could have raised there issue long ago and they failed to. Now they are wanting the BK Court to do what hey failed to do. They are toast! Employee Claimants should file against there malpractice of law insurance lol...
I don't think its going to effect distribution at all. The WMILT schedule of distribution is not effected by the stay unless the district court issues its own stay which imo is highly unlikely. Rosen stated that at the hearing.
It was to give them time to file an appeal on an issue that the district court has already ruled on, she is leaving the bond and any further stay up to the district court, I suspect there appeal will be dismissed without hearing. That is why THJMW stated it futile...
See they are presenting it as an appeal but its more like a motion for reconsideration and both avenues are time bared...
All that meant IMO is rather than waiting any longer, once they can, they will distribute rather than conforming to normal quarterly distributions.
That is not Rosen your hearing its the other side. You are correct the Employee Claims are done...
The Judge stated she would not pay them even if she had jurisdiction and the LT is prohibited by District Court ruling to pay the employee claims.
The issue is already ruled on. The attorneys drop the ball back before the ruling was final... Bet you Judge Sleet rules Sua Sponte and kills there motions without a hearing... I also bet you JMW has already talked to Judge Sleet...
Jack Boot, it's all good because Rosen stated the 21 day stay would not interfere with Nov distribution plans so ether way it was always going to be Nov. They are done!
She left the bond issue up to the district court as well, stick a fork in them - They Are Done!
Remember Rosen stated that he had no issue with 21 days because that would not interfere and that they where "looking to making distribution in Nov".
HM I listened to the hearing, the Judge ruled against the Employee Claims and granted a 21 day stay on distribution, pending a stay from the district court. She was adamant she was not granting them relief and as a guy that sees a lot of litigation they are toast and Judge Sleet is not going to grant a stay and there appeal time to challenge the district court is over and Judge Sleet's Judgment is final, They are done!
http://www.kccllc.net/wamu/document/0812229181016000000000001
Hang in there its going to happen...
LOL Well I try!
Totally agree they are screwed.
I think they are in for trouble and the Judge knows it. They are appealing the wrong courts decision, the district court is binding to THJMW and they did not appeal the district court ruling meaning they are time barred on the appeal. just wait...
She can rule however she wants...
Good article I think below is us...
an appeal is frivolous as filed ‘if the proponent can present no rational argument based on the evidence or law . . . or the appeal is prosecuted for the sole purpose of harassment or delay.
To stop distribution and the bond would have been to protect there claim while they appeal and distribution would have continued.
Rule 11 Sanctions
https://www.law.cornell.edu/rules/frcp/rule_11
It seems and I may be mistaken but the appellate court will be the district court that has already ruled they can not be paid.
I agree
If they appeal I see sanctions coming there way!
I think they are just shaking the tree...
Just call it cuddling with coop! lol
That is ridiculous, once this is dismissed and according to the motion they want this over. Dragging it out cost money!
I was making a statement your response to me, I take the approach "believe but verify" unless its immediately clear it bullsh!t. I don't care to look because it's not going to make a difference to the outcome of this case. Either we get paid or we don't...
Believe but verify...
It's a a bankrupt company what positive did we start with... LMAO
You sound like my wife, you think everyone tells the truth and I think everyone is lying and I can guarantee I am the closest to the mark!
I was thinking more on the lines of a conclusion date for all to end and all to be disbursed before the discharge and closer.
You act like you personal know me, I am never down but I am realistic, I will not loose money if escrow gets nothing nor did I lose on Coop. Once this BK is closed its over...
Looks to me if she denies the claims due to the district courts ruling then its over...
I hope we know when, where and how much tomorrow...
And here we are 10 years later lol
"Judicial economy" Didn't these guys bill the estate for 256 million. LOL
HM 542044 is your post
Take your pick lol