Johnny you are missing the point. These creditors have no standing which is why on December 7th the judge who denied Montano's bankruptcy in November 2015 (and is still denying him relief due to fraudulent claims he made in court)is considering dismissing the case.
What does no standing mean?
Simply that every debt has a period of time when if not perfected in court is considered barred by the Statute of Limitations. I am reliably informed that every one associated with this conspiracy against us, the CVBT shareholders, has zero standing. Merely another attempt by Montano to delay matters further. It is all he has left.
As a matter of interest WALHALL or one of Conman Dan puppets said they couldn't find any information on Montano's bankruptcy. Well, I am delighted to provide everyone with notice of his denial of relief.
UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEVADA
* * * * * *
In re:
DANIEL CARMICHAEL MONTANO,
Debtor.
_____________________________________
CALVIN A. WALLEN, III, and DOTAN Y.
MELECH, CHAPTER 7 TRUSTEE,
Plaintiffs,
vs.
DANIEL CARMICHAEL MONTANO,
Defendants.
_____________________________________
)
)
Case No.: 13-16289-GS
Chapter 7
Consolidated Adversary Proceeding
No. 13-01221-GS
JUDGMENT1
Trial in this consolidated matter was held before Judge Gary Spraker on April 14 and 15,
2015.2
All parties presented evidence and cross-examined one another’s witnesses. Counsel
1
Unless otherwise specified, all “Section” and “Code” references are to the Bankruptcy Code, 11
U.S.C. §§ 101-1532.
2
The chapter 7 trustee’s action to deny the debtor’s discharge, Melech v. Montano, Adv. Case
No. 14-01058-GS was consolidated into this matter pursuant to the Amended Order Consolidating
Adversary Proceeding 14-01058 into Lead Case Adversary Proceeding 13-01221 and Setting Trial for
April 14, 2015 (ECF No. 18).
1
___________________________________________________________________
Entered on Docket
November 13, 2015
Case 13-16289-gs Doc 255 Entered 11/13/15 07:56:47 Page 1 of 3
presented closing arguments on May 8, 2015. Appearances for each proceeding were noted on
the record. The parties, with their counsel, returned to court on November 6, 2015, at which
time the court issued its oral findings of fact and conclusions of law, which are incorporated
herein by reference, pursuant to Fed. F. Bankr. P. 7052. Consistent with the findings and
conclusions stated on the record,
IT IS HEREBY ORDERED AND ADJUDGED that the discharge of the defendant and
debtor, Daniel Carmichael Montano, is DENIED as requested under the Third Claim for Relief
(11 U.S.C. § 727(a)(3)) in the Amended Complaint to Determine Dischargeability of Debts
Under 11 U.S.C. §§ 727(a)(2), (3), (4), and (5) (ECF No. 37) filed by plaintiff Calvin Wallen on
December 19, 2014 (“Wallen Complaint”) in this consolidated adversary proceeding.
IT IS FURTHER ORDERED AND ADJUDGED that the relief requested by coplaintiff
Wallen under the First Claim for Relief (11 U.S.C. § 727(a)(2)(A)), Second Claim for
Relief (11 U.S.C. § 727(a)(2)(B)), Fourth Claim for Relief (11 U.S.C. § 727(a)(4)), and Fifth
Claim for Relief (11 U.S.C. § 727(a)(5)) of the Wallen Complaint, is DENIED, WITH
PREJUDICE.
IT IS FURTHER ORDERED AND ADJUDGED that the relief requested by coplaintiff
Dotan Melech, Chapter 7 Trustee under the First Claim for Relief (11 U.S.C.
§ 727(a)(2)), Second Claim for Relief (11 U.S.C. § 727(a)(4)), and Third Claim for Relief (11
U.S.C. § 727(a)(5)) in the Amended Complaint Objecting to Debtor’s Discharge Pursuant to 11
U.S.C. §§ 727(a)(2), (4), and (5) filed by on April 15, 2014 (“Melech Complaint”) in Melech v.
Montano, Adv. Case No. 14-01058-GS, consolidated herein, is also DENIED, WITH
PREJUDICE.
IT IS FURTHER ORDERED AND ADJUDGED that the parties hereto shall bear their
own costs and attorney fees.
IT IS FURTHER ORDERED that a copy of this Judgment shall be docketed in Melech
v. Montano, Adv. Case No. 14-01058-GS, as well as In re Montano, Main Case No. 13-16289-
2
Case 13-16289-gs Doc 255 Entered 11/13/15 07:56:47 Page 2 of 3
GS, and the Clerk of the Bankruptcy Court shall give notice of the denial of discharge in
accordance with Fed. R. Bankr. P. 2002(f)(6).
* * * *
Copies sent via BNC to:
DANIEL CARMICHAEL MONTANO
322 PARISIAN SPRINGS COURT
LAS VEGAS, NV 89148
# # #
3
Case 13-16289-gs Doc 255 Entered 11/13/15 07:56:47 Page 3 of 3
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