Opinion
Case No. 07-58703
02-19-2013
Chapter 7
Judge Thomas J. Tucker
RECOMMENDATION TO THE UNITED STATES DISTRICT COURT THAT IT
WITHDRAW THE REFERENCE IN THIS BANKRUPTCY CASE, IN ORDER TO
ENTER PROPOSED CONSENT ORDER AGREED TO BY THE UNITED STATES
TRUSTEE AND VERNON TAYLOR
To the United States District Court for the Eastern District of Michigan:
The undersigned bankruptcy judge recommends that the United States District Court take the following action: (1) withdraw the reference in this Chapter 7 bankruptcy case, for the purpose of entering a proposed consent order agreed to by the United States Trustee and Vernon Taylor (a "bankruptcy petition preparer" who has been permanently enjoined from acting as such); and (2) enter the proposed consent order, a copy of which is attached as Attachment 1 (the "proposed District Court Order").
I. Background
The attachments to this Recommendation provide more detail, but the Court will briefly summarize the background leading to this Recommendation.
This Chapter 7 bankruptcy case began when the Debtor, Daniell Guthrie, filed her voluntary bankruptcy petition on September 19, 2007. The Debtor was not represented by counsel, but she had assistance in preparing her bankruptcy petition, schedules, and related papers from a non-attorney, Vernon Taylor, who was a "bankruptcy petition preparer," as that term is defined in 11 U.S.C. § 110(a)(1).
While the case was pending, the United States Trustee (the "UST") and Vernon Taylor ("Taylor") stipulated to the entry of a consent judgment. That consent judgment was filed on November 8, 2007 (Docket # 18), and in substance it permanently enjoined Taylor from acting as a bankruptcy petition preparer.
The Chapter 7 Trustee filed a no-distribution report in this case on November 15, 2007, and the Debtor obtained a discharge on January 7, 2008 (Docket # 20). This bankruptcy case was closed on January 7, 2008.
The Court later reopened the case, however, on a motion to reopen filed by the UST, on May 13, 2008 (Docket # 24). The case was reopened to allow the UST to file and prosecute a motion for contempt against Taylor. The UST's motion (Docket # 26) alleged that Taylor had violated the November 8, 2007 injunction, by continuing to act as a paid bankruptcy petition preparer in several other cases. Taylor did not respond to the contempt motion, and the motion was granted. The Court entered a civil contempt order on July 30, 2008, finding Taylor in contempt and ordering certain relief, including monetary relief, against Taylor (Docket # 28). The bankruptcy case again was closed, on April 9, 2009.
This bankruptcy case was reopened a second time, again on motion by the UST, on September 15, 2011 (Docket # 36). The case was reopened this time to permit the UST to file another contempt motion against Taylor. That motion was filed, and was granted, again without Taylor having responded to the motion. The Court entered its second order finding Taylor in civil contempt on October 31, 2011 (Docket # 40).
The Court's October 31, 2011 contempt order granted certain further relief against Taylor, and as requested by the UST, ordered further proceedings. A series of hearings followed, including an evidentiary hearing spread over several days. Ultimately, Taylor obtained counsel, who is Ray Richards. The UST and Taylor periodically discussed a possible settlement of their dispute, but did not reach a settlement. The evidentiary hearing ended on January 28, 2013. As directed by the Court, the UST filed proposed findings of fact and conclusions of law, on February 19, 2013 (Docket # 92). Taylor filed a response to these, on March 20, 2013, in which he argued that he had recently reached a settlement with the UST (Docket # 93). The UST denied this. The Court held further hearings, to discuss with the parties whether this dispute could be settled. The most recent of these hearings was held on April 29, 2013.
This recent set of hearings led to a settlement between the parties. This Court entered an order approving the settlement, on April 29, 2013 (Docket # 102). The settlement is conditioned upon this Court recommending, and the United District Court doing, the following things: (1) withdrawing the reference so that a consent order can be entered by the District Court; and (2) entering the parties' proposed consent order.
This Court agreed to recommend these things to the District Court.
II. Attachments to this Recommendation
For the District Court's information, the Court attaches to this Recommendation the following items from the record in this case. The Court has caused these attachments to be "bookmarked" in this pdf document, for the reader's convenience:
1. Proposed District Court Order;
2. Bankruptcy Court docket for this case (as of May 2, 2013);
3. This Court's April 29, 2013 Order approving the parties' settlement (Docket # 102);
4. The Settlement Agreement between the UST and Taylor, with its attached Exhibits A and B (Docket # 101); and
5. The UST's proposed findings of fact and conclusions of law, filed February 19, 2013 (Docket # 92). (Note: in its April 29, 2013 Order, and as part of the parties' settlement, this Court adopted, by reference, all but two of the UST's proposed findings of fact and conclusions of law.).
III. Reasons for this Recommendation
There has been a considerable amount of litigation in recent years by the UST in the bankruptcy court, involving bankruptcy petition preparers who violate the requirements of 11 U.S.C. § 110. Among other things, this litigation has involved several persons who were permanently enjoined by the bankruptcy court from acting as bankruptcy petition preparers, and who the UST later alleged had repeatedly violated the injunction, by secretly continuing to act as paid bankruptcy petition preparers. The UST has alleged in these cases that such petition preparers strive to keep their involvement secret from the UST and the Court. Such concealment is illegal, and often involves persuading otherwise innocent bankruptcy debtors to lie to the court about whether they had help in preparing their bankruptcy papers. One alleged serial bankruptcy petition preparer-violator, who is the subject of a criminal contempt proceeding now pending in the District Court, is Derrick Hills, District Court Case No. 2:12-cv-12254-SFC-LJM (Judge Cox).
The UST views Taylor as a serial violator of the injunctions entered against him by the bankruptcy court. For this reason, the UST's counsel has stated that the UST views it as a critical component of the settlement between the UST and Taylor that the District Court enter the proposed District Court Order. That Order imposes on Taylor, as an order of the District Court, the permanent injunctions previously entered by the bankruptcy court against Taylor, and imposes certain other obligations on Taylor. The UST wants a District Court order for this relief because the UST wants the ability to pursue criminal contempt proceedings against Taylor, in the District Court, if Taylor fails to comply with the District Court Order. As the undersigned judge has noted in previous opinions, while the bankruptcy court has civil contempt powers, it lacks criminal contempt powers. See, e.g., Holley v. Kresch Oliver, PLLC (In re Holley), 473 B.R. 212, 216 (Bankr. E.D. Mich. 2012)(and cases cited therein), aff'd, No. 12-13088, 2013 WL 791549 (E.D. Mich. March 4, 2013).
The UST wants the possibility of future criminal contempt proceedings not only as a stronger and more effective remedy than what the bankruptcy court can provide directly, but also as a strong deterrent to Taylor committing further violations.
The undersigned bankruptcy judge urges the District Court to accept its recommendation. This presents a previously-untested approach to the type of dispute at hand, but in this case, this approach is likely to be the most efficient one. It is a creative and appropriate solution, and will permit the settlement between the parties to become final and unconditional.
If the District Court withdraws the reference and enters the requested order, it is quite possible (though not certain) that there will be no further need for any litigation between the UST and Taylor. The alternative to this is that there will be no settlement, and the undersigned judge will have to decide whether to recommend that the District Court conduct criminal contempt proceedings against Taylor. The undersigned judge is perfectly willing to decide that issue, if necessary, but considers the parties' settlement to be a better alternative.
IV. Conclusion
For the reasons stated, the undersigned bankruptcy judge recommends that the United States District Court withdraw the reference in this Chapter 7 bankruptcy case, and enter the proposed District Court Order.
As noted above, the proposed District Court Order is at Attachment 1 to this Recommendation. The UST's attorney in this case, Paul Randel, will submit the proposed order to the District Court, when and in whatever format the District Court wishes.
_______________
Thomas J. Tucker
United States Bankruptcy Judge
In re: DANIELL GUTHRIE, Debtor.
Case No. 07-58703-TJT
Chapter 7
HON. THOMAS J. TUCKER
ORDER RESOLVING
UNITED STATES TRUSTEE'S MOTION FOR CONTEMPT
AND FOR OTHER RELIEF AND SETTING PAYMENT SCHEDULE
This matter came before the Court after it withdrew the reference of this matter to the Bankruptcy Court. This Court withdrew the reference on the recommendation of the Bankruptcy Court. That recommendation was made specifically so this Order could be entered in this Court rather than the Bankruptcy Court; and could be enforced by this Court because of its broader powers.
This Order is entered on the stipulation of the United States Trustee and Vernon Taylor, a Bankruptcy Petition Preparer, by their respective counsel.
IT IS ORDERED that:
1. The Settlement Agreement entered into by Vernon Taylor and the United States Trustee, filed in Bankruptcy Case No. 07-58703-TJT, Docket # __, is adopted by this Court and the parties are bound by its terms per their agreement.
2. The permanent injunctions entered by the Bankruptcy Court in Bankruptcy Case No. 07-58703-TJT are adopted by this Court and are now Orders and Injunctions of this Court; and enforceable by this Court and its broader powers. They are,
a. The Consent Judgment entered on November 8, 2007, Docket 18, and
b. The Order Finding Vernon C. Taylor in Contempt and for Further Proceedings, Docket #40, entered on October 31, 2011.
3. The Proposed Findings of Fact and Conclusions of Law submitted by the United States Trustee on February 19, 2013, Docket #92 in Bankruptcy Case No. 07-58703-TJT, except for paragraphs 32 and 38, are adopted by this Court as its Finding of Fact and Conclusions of Law.
4. Vernon Taylor shall pay $100.00 on the first business day of each month beginning on May 1, 2013, by delivering certified funds to the United States Trustee, made out to the following Debtors:
+------------------------------------------------+ ¦ ¦ Case Name ¦ Case No. ¦ Amount Owed ¦ +---+-------------------+----------+-------------¦ ¦1. ¦Arlene Johnson ¦08-44522 ¦$ 2,000.00 ¦ +---+-------------------+----------+-------------¦ ¦2. ¦Cato Johnson ¦08-43139 ¦$ 2,000.00 ¦ +---+-------------------+----------+-------------¦ ¦3. ¦Kelly Vaughn ¦08-40824 ¦$ 2,000.00 ¦ +---+-------------------+----------+-------------¦ ¦4. ¦Kelly Vaughn ¦08-42578 ¦$ 2,000.00 ¦ +---+-------------------+----------+-------------¦ ¦5. ¦Delmar Williams ¦08-48460 ¦$ 2,000.00 ¦ +---+-------------------+----------+-------------¦ ¦6. ¦Vonzella Johnson ¦08-48461 ¦$ 2,000.00 ¦ +---+-------------------+----------+-------------¦ ¦7. ¦Algernon Bell ¦08-48978 ¦$ 2,000.00 ¦ +---+-------------------+----------+-------------¦ ¦8. ¦Latonya Wright ¦08-51580 ¦$ 2,000.00 ¦ +---+-------------------+----------+-------------¦ ¦9. ¦Rochelle K. Collins¦10-63595 ¦$ 2,000.00 ¦ +---+-------------------+----------+-------------¦ ¦10.¦Raquel Johnson ¦11-44555 ¦$ 2,500.00 ¦ +---+-------------------+----------+-------------¦ ¦11.¦Celina D. Cason ¦11-41480 ¦$ 2,000.00 ¦ +---+-------------------+----------+-------------¦ ¦12.¦Melinda Young ¦11-43176 ¦$ 2,000.00 ¦ +---+-------------------+----------+-------------¦ ¦13.¦Joslynn T. Woodard ¦11-49530 ¦$ 2,000.00 ¦ +---+-------------------+----------+-------------¦ ¦14.¦Tajuana R. Robinson¦11-42370 ¦$ 2,000.00 ¦ +---+-------------------+----------+-------------¦ ¦15.¦Kimberly L Gill ¦11-50124 ¦$ 2,000.00 ¦ +---+-------------------+----------+-------------¦ ¦16.¦Portia M. Smith ¦11-53566 ¦$ 2,000.00 ¦ +---+-------------------+----------+-------------¦ ¦17.¦Phillip P. Harris ¦12-40177 ¦$ 2,000.00 ¦ +---+-------------------+----------+-------------¦ ¦18.¦Priscilla A. Dixon ¦12-40521 ¦$ 2,000.00 ¦ +---+-------------------+----------+-------------¦ ¦19.¦Tamara M. Ingram ¦12-40042 ¦$ 2,000.00 ¦ +---+-------------------+----------+-------------¦ ¦ ¦ ¦TOTAL ¦$ 38,500.00 ¦ +------------------------------------------------+
5. The payments will be made payable to each Debtor, beginning with No. 1, on a rotating and continuing basis until each of the Debtors has been paid in full. The obligation to pay will begin or began on May 1, 2013 and continues each month thereafter.
6. Vernon Taylor shall electronically submit a monthly statement to the United States Trustee reporting:
a. Whether he is still working for Ray Richards,
b. Whether he has earned any money other than under the employment of Ray Richards,
c. How he has earned other money, and
d. How much he has earned.
7. The Statement shall be sent by email to Paul.Randel@usdoj.gov and Karen.Riggs@usdoj.gov unless Taylor is notified of a different email address.
8. Vernon C. Taylor shall appear at the Office of the United States Trustee on a mutually agreed upon date for a deposition in six to nine months.
9. This Court may, without consulting the parties because they have already agreed, assign the litigation of any disputes regarding compliance with this Order to the Bankruptcy Court for Findings of Fact and Conclusions of Law. Also by agreement of the parties, those Findings and Conclusions will be binding on them and this Court may rely on them as if made in this Court when deciding what, if any, remedies to impose. This Court will have all remedies available to it that are available to Federal Courts established under Article III of the United States Constitution and will not be limited in any way because this matter originated in the Bankruptcy Court.
10. Ray Richards' representation of Vernon Taylor will terminate thirty days after entry of this Order unless it is terminated earlier by proper procedure or extended by a new agreement. After that date, unless Taylor is represented by counsel, service on Vernon Taylor will be accomplished by first class mail to: Vernon Taylor, 16878 Glastonbury Road, Detroit, MI 48219.
REOPENED, TranscriptREQ
U.S. Bankruptcy Court
Eastern District of Michigan (Detroit)
Bankruptcy Petition #: 07-58703-tjt
Internal Use Only
Assigned to: Judge Thomas J. Tucker
Chapter 7
Voluntary
No asset
Date filed: 09/19/2007
Date reopened (2): 09/15/2011
Debtor discharged: 01/07/2008
341 meeting: 11/14/2007
Deadline for objecting to 12/24/2007
discharge/dischargeability:
Debtor disposition: Standard Discharge Debtor
Daniell Guthrie
5061 Stingham Ct.
Detroit, MI 48213
WAYNE-MI
SSN / ITIN: 366-94-0139
represented by Daniell Guthrie
PRO SE
Trustee
Homer W. McClarty
19785 West 12 Mile Road
#331
Southfield, MI 48076
(248)352-7686
U.S. Trustee
Habbo G. Fokkena
TERMINATED: 07/11/2008
U.S. Trustee
Daniel M. McDermott
represented by Paul J. Randel (UST)
211 W. Fort St.
Suite 700 Detroit, MI 48226
(313) 226-4541
Email: Paul.Randel@usdoj.gov
+-----------------------------------------------------------------------------+ ¦Filing Date ¦# ¦Docket Text ¦ +-------------+-----+---------------------------------------------------------¦ ¦ ¦ ¦Chapter 7 Voluntary Petition: Receipt Number O, Fee ¦ ¦ ¦ ¦Amount ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦$0.00. Filed by Daniell Guthrie (Laskaska, Jamie) ¦ ¦09/19/2007 ¦• 1 ¦Additional ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦attachment(s) added on 9/20/2007 (ggg,). (Entered: ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦09/19/2007) ¦ +-----------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦ ¦ ¦First Meeting of Creditors with 341(a) meeting to be held on ¦ ¦ ¦ ¦ ¦ ¦09/19/ ¦• ¦10/24/2007 at 01:30 PM at Room 315, 211 W. Fort St. Bldg., ¦ ¦2007 ¦2 ¦ ¦ ¦ ¦ ¦Detroit 341. Objections for Discharge due by 12/24/2007. ¦ ¦ ¦ ¦(Laskaska, Jamie) (Entered: 09/19/2007) ¦ +-------+----+----------------------------------------------------------------¦ ¦09/19/ ¦• ¦Statement of Financial Affairs Filed by Debtor Daniell Guthrie .¦ ¦2007 ¦3 ¦ ¦ ¦ ¦ ¦(Vandemark, Mike) (Entered: 09/20/2007) ¦ +-------+----+----------------------------------------------------------------¦ ¦ ¦ ¦Chapter 7 Statement of Current Monthly Income and Means ¦ ¦09/19/ ¦• ¦ ¦ ¦2007 ¦4 ¦Test Calculation - Form 22A . Filed by Debtor Daniell Guthrie . ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(Vandemark, Mike) (Entered: 09/20/2007) ¦ +-------+----+----------------------------------------------------------------¦ ¦09/19/ ¦• ¦Statement of Social Security Number Filed by Debtor Daniell ¦ ¦2007 ¦5 ¦ ¦ ¦ ¦ ¦Guthrie . (Vandemark, Mike) (Entered: 09/20/2007) ¦ +-------+----+----------------------------------------------------------------¦ ¦09/19/ ¦• ¦Bankruptcy Petition Cover Sheet Filed by Debtor Daniell ¦ ¦2007 ¦6 ¦ ¦ ¦ ¦ ¦Guthrie . (Vandemark, Mike) (Entered: 09/20/2007) ¦ +-------+----+----------------------------------------------------------------¦ ¦ ¦ ¦Certificate of Budget and Credit Counseling Course , Exhibit D: ¦ ¦ ¦ ¦ ¦ ¦09/19/ ¦• ¦Debtor has filed a Certificate of Budget and Credit Counseling ¦ ¦2007 ¦7 ¦ ¦ ¦ ¦ ¦Attached. Filed by Debtor Daniell Guthrie . (Vandemark, Mike) ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(Entered: 09/20/2007) ¦ +-------+----+----------------------------------------------------------------¦ ¦ ¦ ¦Declaration under Penalty of Perjury for Debtors without an ¦ ¦09/19/ ¦• ¦ ¦ ¦2007 ¦4 ¦Attorney Filed by Debtor Daniell Guthrie . (Vandemark, Mike) ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(Entered: 09/20/2007) ¦ +-------+----+----------------------------------------------------------------¦ ¦ ¦ ¦Declaration and Signature of Non-Attorney Bankruptcy Petition ¦ ¦09/19/ ¦• ¦ ¦ ¦2007 ¦6 ¦Preparer. Filed by Debtor Daniell Guthrie . (Vandemark, Mike) ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(Entered: 09/20/2007) ¦ +-------+----+----------------------------------------------------------------¦ ¦09/19/ ¦• ¦Application to Pay Filing Fee in Installments Filed by Debtor ¦ ¦2007 ¦10 ¦ ¦ ¦ ¦ ¦Daniell Guthrie (Vandemark, Mike) (Entered: 09/20/2007) ¦ +-------+----+----------------------------------------------------------------¦ ¦ ¦ ¦Certification of Completion of Financial Management Course ¦ ¦09/19/ ¦• ¦ ¦ ¦2007 ¦11 ¦Filed by Debtor Daniell Guthrie . (Vandemark, Mike) (Entered: ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦09/20/2007) ¦ +-------+----+----------------------------------------------------------------¦ ¦ ¦ ¦Order of Reassignment of Judge, Involvement of Judge Phillip J ¦ ¦09/20/ ¦• ¦ ¦ ¦2007 ¦12 ¦Shefferly Terminated. Judge Thomas J. Tucker added to case. . ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(Vandemark, Mike) (Entered: 09/20/2007) ¦ +-------+----+----------------------------------------------------------------¦ ¦ ¦ ¦Order Denying Application To Pay Filing Fees In Installments. ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Filing fee to be paid in full by 10/8/2007. (Related Doc # ¦ ¦09/21/ ¦• ¦10 ). ¦ ¦2007 ¦13 ¦ ¦ ¦ ¦ ¦COPY OF ORDER SENT TO DEBTOR BY FIRST CLASS ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦MAIL. (Steinle, Jan) (Entered: 09/21/2007) ¦ +-----------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦ ¦ ¦BNC Certificate of Mailing - Meeting of Creditors. (RE: ¦ ¦ ¦ ¦related ¦ ¦09/21/ ¦• ¦ ¦ ¦2007 ¦14 ¦document(s)2 Meeting (Chapter 7)) No. of Notices: 2. ¦ ¦ ¦ ¦Service ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Date 09/21/2007. (Admin.) (Entered: 09/22/2007) ¦ +---------+-----+-------------------------------------------------------------¦ ¦ ¦ ¦BNC Certificate of Mailing - Meeting of Creditors. (RE: ¦ ¦ ¦ ¦related ¦ ¦09/22/ ¦• ¦ ¦ ¦2007 ¦15 ¦document(s)2 Meeting (Chapter 7)) No. of Notices: 17. ¦ ¦ ¦ ¦Service ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Date 09/22/2007. (Admin.) (Entered: 09/23/2007) ¦ +---------+-----+-------------------------------------------------------------¦ ¦ ¦ ¦Notice Regarding Reassignment of Case with BNC Certificate ¦ ¦ ¦ ¦ ¦ ¦09/22/ ¦• ¦of Mailing (RE: related document(s)12 Order of Reassignment¦ ¦2007 ¦16 ¦ ¦ ¦ ¦ ¦(Judge)) No. of Notices: 2. Service Date 09/22/2007. (Admin.)¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(Entered: 09/23/2007) ¦ +---------+-----+-------------------------------------------------------------¦ ¦ ¦ ¦Receipt of Final Chapter 7 Filing Fee Installment - $299.00 ¦ ¦ ¦ ¦by ¦ ¦10/09/ ¦• ¦ ¦ ¦2007 ¦ ¦NC. Receipt Number 00517725. (Admin.) (Entered: ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦10/10/2007) ¦ +---------+-----+-------------------------------------------------------------¦ ¦ ¦ ¦Certificate of Final Installment: This is to certify that the¦ ¦ ¦ ¦debtor ¦ ¦10/12/ ¦ ¦ ¦ ¦2007 ¦• ¦(s) paid the final installment of $299.00 on 10/09/2007, ¦ ¦ ¦ ¦Receipt ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Number 00517725, (Boice, David) (Entered: 10/12/2007) ¦ +---------+-----+-------------------------------------------------------------¦ ¦ ¦ ¦Continuance of Meeting of Creditors on 11/14/2007 at 08:15 ¦ ¦10/26/ ¦ ¦ ¦ ¦2007 ¦• ¦AM at Room 315, 211 W. Fort St. Bldg., Detroit 341 ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(McClarty, Homer) (Entered: 10/26/2007) ¦ +---------+-----+-------------------------------------------------------------¦ ¦ ¦ ¦Stipulation By and Between U.S. Trustee and Vernon Taylor ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Re: Entry of Consent Judgment for Injunctive Relief . Filed ¦ ¦11/07/ ¦• ¦by ¦ ¦2007 ¦17 ¦ ¦ ¦ ¦ ¦U.S. Trustee Habbo G. Fokkena. (Randel, Paul) (Entered: ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦11/07/2007) ¦ +---------+-----+-------------------------------------------------------------¦ ¦ ¦ ¦Consent Judgement for injunctive relief By and Between U.S. ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Trustee and Vernon Taylor Re: preparation of bankruptcy ¦ ¦11/08/ ¦• ¦ ¦ ¦2007 ¦18 ¦petitions for compensation . (RE: related document(s)17 ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Stipulation filed by U.S. Trustee Habbo G. Fokkena). (ggg,) ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(Entered: 11/08/2007) ¦ +---------+-----+-------------------------------------------------------------¦ ¦ ¦ ¦(private) Remark order sent to debtor (RE: related document ¦ ¦11/08/ ¦ ¦(s) ¦ ¦2007 ¦ ¦ ¦ ¦ ¦ ¦18 Stipulated Order) (ggg,) (Entered: 11/08/2007) ¦ +---------+-----+-------------------------------------------------------------¦ ¦ ¦ ¦Certificate of Service Filed by U.S. Trustee Habbo G. Fokkena¦ ¦ ¦ ¦ ¦ ¦11/13/ ¦• ¦(RE: related document(s)18 Stipulated Order). (Randel, ¦ ¦2007 ¦19 ¦Paul) ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(Entered: 11/13/2007) ¦ +---------+-----+-------------------------------------------------------------¦ ¦ ¦ ¦Meeting of Creditors Held and Concluded on ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦11/14/2007 Trustee's Report of No Distribution Trustee of ¦ ¦ ¦ ¦this ¦ ¦ ¦• ¦ ¦ ¦ ¦ ¦estate reports and certifies that the trustee has performed ¦ ¦ ¦ ¦the ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦duties required of a trustee under 11 U.S.C. 704 and has ¦ +-----------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦ ¦ ¦concluded that there are no assets to administer for the ¦ ¦ ¦ ¦benefit ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦of creditors of this estate. I have received no funds or ¦ ¦ ¦ ¦property ¦ ¦ ¦ ¦ ¦ ¦11/15/ ¦ ¦of the estate, and paid no monies on account of the estate. ¦ ¦2007 ¦ ¦ ¦ ¦ ¦ ¦Wherefore, the trustee prays that this report be approved ¦ ¦ ¦ ¦and the ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦trustee be discharged from office.. (McClarty, Homer) ¦ ¦ ¦ ¦(Entered: ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦11/15/2007) ¦ +---------+------+------------------------------------------------------------¦ ¦01/07/ ¦ ¦Order Discharging Debtor . (Vandemark, Mike) (Entered: ¦ ¦2008 ¦• 20 ¦ ¦ ¦ ¦ ¦01/07/2008) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Final Decree: The bankruptcy estate has been fully ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦administered. The bankruptcy court has decreed that Trustee ¦ ¦ ¦ ¦- ¦ ¦01/07/ ¦ ¦ ¦ ¦2008 ¦• ¦McClarty, Homer W. is discharged as trustee of the estate ¦ ¦ ¦ ¦and ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦the bond is cancelled and the chapter 7 case is closed. . ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(Vandemark, Mike) (Entered: 01/07/2008) ¦ +---------+------+------------------------------------------------------------¦ ¦01/07/ ¦ ¦Bankruptcy Case Closed (Vandemark, Mike) (Entered: ¦ ¦2008 ¦• ¦ ¦ ¦ ¦ ¦01/07/2008) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦BNC Certificate of Mailing - Order of Discharge. No. of ¦ ¦01/09/ ¦ ¦ ¦ ¦2008 ¦• 21 ¦Notices: 18. Service Date 01/09/2008. (Admin.) (Entered: ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦01/10/2008) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Motion to Reopen Chapter 7 Case . Receipt Number Exempt, ¦ ¦04/23/ ¦ ¦ ¦ ¦2008 ¦• 22 ¦Fee Amount $0.00 Filed by U.S. Trustee Habbo G. Fokkena ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(Randel, Paul) (Entered: 04/23/2008) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Certificate of Service Filed by U.S. Trustee Habbo G. ¦ ¦ ¦ ¦Fokkena ¦ ¦ ¦ ¦ ¦ ¦04/24/ ¦ ¦(RE: related document(s)22 Motion to Reopen Chapter 7 Case¦ ¦2008 ¦• 23 ¦. ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Receipt Number Exempt, Fee Amount $0.00). (Randel, Paul) ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(Entered: 04/24/2008) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Certification of Non-Response Filed by U.S. Trustee Habbo G.¦ ¦ ¦ ¦ ¦ ¦05/13/ ¦ ¦Fokkena (RE: related document(s)22 Motion to Reopen ¦ ¦2008 ¦• 24 ¦ ¦ ¦ ¦ ¦Chapter 7 Case . Receipt Number Exempt, Fee Amount $0.00). ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(Randel, Paul) (Entered: 05/13/2008) ¦ +---------+------+------------------------------------------------------------¦ ¦05/13/ ¦ ¦Order Granting Motion To Reopen Chapter 7 Case (Related ¦ ¦2008 ¦• 25 ¦ ¦ ¦ ¦ ¦Doc # 22 ). (Vandemark, Mike) (Entered: 05/13/2008) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Motion For Contempt Against Vernon C. Taylor Filed by U.S. ¦ ¦07/01/ ¦ ¦ ¦ ¦2008 ¦• 26 ¦Trustee Habbo G. Fokkena (Randel, Paul) (Entered: ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦07/01/2008) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Certification of Non-Response Filed by U.S. Trustee Daniel ¦ ¦ ¦ ¦M. ¦ ¦ ¦• 27 ¦ ¦ ¦ ¦ ¦McDermott (RE: related document(s)26 Motion For Contempt ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Against Vernon C. Taylor). (Randel, Paul) (Entered: ¦ +-----------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦07/29/ ¦ ¦07/29/2008) ¦ ¦2008 ¦ ¦ ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Order Finding Vernon C. Taylor in Contempt and for Further ¦ ¦ ¦ ¦ ¦ ¦07/30/ ¦• 28 ¦Proceedings (Related Doc # 26 ). (Vandemark, Mike) ¦ ¦2008 ¦ ¦(Entered: ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦07/31/2008) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Certificate of Service Filed by U.S. Trustee Daniel M. ¦ ¦07/31/ ¦ ¦ ¦ ¦2008 ¦• 29 ¦McDermott (RE: related document(s)28 Order on Motion for ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Contempt). (Randel, Paul) (Entered: 07/31/2008) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Certificate of Service Filed by U.S. Trustee Daniel M. ¦ ¦01/07/ ¦ ¦ ¦ ¦2009 ¦• 30 ¦McDermott (RE: related document(s)28 Order on Motion for ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Contempt). (Randel, Paul) (Entered: 01/07/2009) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Final Decree: The bankruptcy estate has been fully ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦administered. The bankruptcy court has decreed that Trustee ¦ ¦ ¦ ¦ ¦ ¦04/09/ ¦• ¦Homer W. McClarty is discharged as trustee of the estate and¦ ¦2009 ¦ ¦ ¦ ¦ ¦ ¦the bond is cancelled and the chapter 7 case is closed. ¦ ¦ ¦ ¦(dmh) ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(Entered: 04/09/2009) ¦ +---------+------+------------------------------------------------------------¦ ¦04/09/ ¦• ¦Bankruptcy Case Closed (dmh) (Entered: 04/09/2009) ¦ ¦2009 ¦ ¦ ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Motion For Contempt Against Vernon Taylor and for Other ¦ ¦07/19/ ¦ ¦ ¦ ¦2011 ¦• 31 ¦Relief Filed by U.S. Trustee Daniel M. McDermott (Randel, ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Paul) (Entered: 07/19/2011) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Certification of Non-Response Filed by U.S. Trustee Daniel ¦ ¦ ¦ ¦M. ¦ ¦ ¦ ¦ ¦ ¦08/09/ ¦• 32 ¦McDermott (RE: related document(s)31 Motion For Contempt ¦ ¦2011 ¦ ¦ ¦ ¦ ¦ ¦Against Vernon Taylor and for Other Relief.). (Randel, Paul)¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(Entered: 08/09/2011) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦ORDER OF THE COURT: Upon review by the Court, it is ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ordered that the Motion for Contempt Against Vernon Taylor ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦and for Other Relief filed by Paul Randel is Denied because ¦ ¦ ¦ ¦the ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦bankruptcy case is closed. A motion to reopen the bankruptcy¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦case must first be filed and granted. IT IS FURTHER ¦ ¦ ¦• 33 ¦ ¦ ¦ ¦ ¦ORDERED THAT The Moving Party shall Serve a Notice of ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦this Order on Parties Not Receiving Electronic Notice and ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦File a Proof of Service. So Ordered by /s/ Judge Thomas J.¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Tucker.(jl) ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦This Notice of Electronic Filing is the Official ORDER for ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦this entry. No ORDER is attached. ¦ +---------+------+------------------------------------------------------------¦ ¦08/10/ ¦ ¦(Entered: 08/10/2011) ¦ ¦2011 ¦ ¦ ¦ +-----------------------------------------------------------------------------+
+----------------------------------------------------------------------------+ ¦ ¦ ¦Motion to Reopen Chapter 7 Case . Receipt Number Exempt, ¦ ¦08/11/ ¦ ¦ ¦ ¦2011 ¦• 34 ¦Fee Amount $0.00 Filed by U.S. Trustee Daniel M. McDermott ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(Randel, Paul) (Entered: 08/11/2011) ¦ +---------+------+-----------------------------------------------------------¦ ¦ ¦ ¦Certification of Non-Response Filed by U.S. Trustee Daniel ¦ ¦ ¦ ¦M. ¦ ¦ ¦ ¦ ¦ ¦09/15/ ¦• 35 ¦McDermott (RE: related document(s)34 Motion to Reopen ¦ ¦2011 ¦ ¦ ¦ ¦ ¦ ¦Chapter 7 Case . Receipt Number Exempt, Fee Amount $0.00). ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(Randel, Paul) (Entered: 09/15/2011) ¦ +---------+------+-----------------------------------------------------------¦ ¦09/15/ ¦ ¦Order Granting Motion To Reopen Chapter 7 Case (Related ¦ ¦2011 ¦• 36 ¦ ¦ ¦ ¦ ¦Doc # 34 ). (J.A.J.) (Entered: 09/16/2011) ¦ +---------+------+-----------------------------------------------------------¦ ¦ ¦ ¦BNC Certificate of Mailing. (RE: related document(s)36 ¦ ¦ ¦ ¦Order ¦ ¦09/18/ ¦• 37 ¦ ¦ ¦2011 ¦ ¦on Motion to Reopen Chapter 7 Case) No. of Notices: 13. ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Service Date 09/18/2011. (Admin.) (Entered: 09/19/2011) ¦ +---------+------+-----------------------------------------------------------¦ ¦ ¦ ¦Motion For Contempt Against Vernon Taylor and for Other ¦ ¦09/26/ ¦ ¦ ¦ ¦2011 ¦• 38 ¦Relief Filed by U.S. Trustee Daniel M. McDermott (Randel,¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Paul) (Entered: 09/26/2011) ¦ +---------+------+-----------------------------------------------------------¦ ¦ ¦ ¦Certification of Non-Response Filed by U.S. Trustee Daniel ¦ ¦ ¦ ¦M. ¦ ¦ ¦ ¦ ¦ ¦10/31/ ¦ ¦McDermott (RE: related document(s)38 Motion For Contempt ¦ ¦2011 ¦• 39 ¦ ¦ ¦ ¦ ¦Against Vernon Taylor and for Other Relief). (Randel, ¦ ¦ ¦ ¦Paul) ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(Entered: 10/31/2011) ¦ +---------+------+-----------------------------------------------------------¦ ¦ ¦ ¦Order Finding Vernon C. Taylor in Further Contempt and for ¦ ¦10/31/ ¦ ¦ ¦ ¦2011 ¦• 40 ¦Further Proceedings (Related Doc # 38 ). (nls) (Entered: ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦10/31/2011) ¦ +---------+------+-----------------------------------------------------------¦ ¦ ¦ ¦Order Finding Vernon C. Taylor in Further Contempt and for ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Further Proceedings (RE: related document(s)38 Motion for¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Contempt filed by U.S. Trustee Daniel M. McDermott). ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Hearing on progress towards complying with all requirements¦ ¦ ¦ ¦ ¦ ¦10/31/ ¦• ¦and sanctions to be held on 11/16/2011 at 01:30 PM ¦ ¦2011 ¦ ¦Courtroom ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦1925 for 38 . NO PDF ATTACHED. DOCKET ENTRY FOR ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦PURPOSE TO SET HEARING ON CALENDAR. SEE ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦DOCKET ENTRY # 40 FOR PDF OF ORDER. (Steinle, J) ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(Entered: 11/10/2011) ¦ +---------+------+-----------------------------------------------------------¦ ¦ ¦ ¦Certificate of Service Filed by U.S. Trustee Daniel M. ¦ ¦11/01/ ¦ ¦ ¦ ¦2011 ¦• 41 ¦McDermott (RE: related document(s)40 Order on Motion for ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Contempt). (Randel, Paul) (Entered: 11/01/2011) ¦ +---------+------+-----------------------------------------------------------¦ ¦ ¦ ¦(private) Reopen Document (RE: related document(s)38 ¦ ¦ ¦ ¦Motion ¦ ¦11/10/ ¦ ¦ ¦ ¦2011 ¦ ¦for Contempt filed by U.S. Trustee Daniel M. McDermott) ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(Steinle, J) (Entered: 11/10/2011) ¦ +----------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦ ¦ ¦Minute Entry. Hearing HELD AND Adjourned. (related ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦document(s): 38 Motion for Contempt) Further Hearing to be¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦held on 11/30/2011 at 01:30 PM (mvozn) (Note: per Judge's ¦ ¦11/16/ ¦• ¦ ¦ ¦2011 ¦ ¦direction, no audio of this hearing is being posted, because¦ ¦ ¦ ¦it ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦includes statements regarding a persons social security ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦number). (Entered: 11/16/2011) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Stipulation By and Between U.S. Trustee and Debtor Re: Entry¦ ¦ ¦ ¦ ¦ ¦11/29/ ¦• 42 ¦of Order Adjourning Hearing . Filed by U.S. Trustee Daniel ¦ ¦2011 ¦ ¦M. ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦McDermott. (Randel, Paul) (Entered: 11/29/2011) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Order Adjourning Hearing (RE: related document(s)42 ¦ ¦ ¦ ¦ ¦ ¦11/29/ ¦ ¦Stipulation filed by U.S. Trustee Daniel M. McDermott). ¦ ¦2011 ¦• 43 ¦ ¦ ¦ ¦ ¦Hearing to be held on 12/21/2011 at 01:30 PM Courtroom 1925 ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(sms) (Entered: 11/29/2011) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Certificate of Mailing: A Copy of this Related Document was ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Mailed on 11/29/2011 by the United States Postal Service to ¦ ¦ ¦ ¦the ¦ ¦11/29/ ¦• ¦ ¦ ¦2011 ¦ ¦Debtor at his Respective Address Appearing in the Records of¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦the Court. (RE: related document(s)43 Order Adjourning ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Hearing) (sms) (Entered: 11/29/2011) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Minute Entry. Hearing Adjourned. (related document(s): 38 ¦ ¦11/30/ ¦ ¦ ¦ ¦2011 ¦• ¦Motion for Contempt) Hearing to be held on 12/21/2011 at ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦01:30 PM (mvozn) (Entered: 11/30/2011) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Minute Entry. Hearing Held and Adjourned. (related document ¦ ¦ ¦ ¦ ¦ ¦12/21/ ¦• ¦(s): 38 Motion for Contempt) Hearing to be held on 01/11/ ¦ ¦2011 ¦ ¦2012 ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦at 12:00 PM (mvozn) (Entered: 12/21/2011) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦PDF with attached Audio File. Court Date & Time ¦ ¦12/21/ ¦ ¦ ¦ ¦2011 ¦44 ¦[ 12/21/2011 1:29:45 PM ]. File Size [ 1236 KB ]. Run Time ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦[ 00:05:09 ]. (). (admin). (Entered: 12/21/2011) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦PDF with attached Audio File. Court Date & Time ¦ ¦12/21/ ¦ ¦ ¦ ¦2011 ¦45 ¦[ 12/21/2011 1:46:26 PM ]. File Size [ 2142 KB ]. Run Time ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦[ 00:08:55 ]. (). (admin). (Entered: 12/21/2011) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Minute Entry. Hearing Held and Adjourned. (related document ¦ ¦ ¦ ¦ ¦ ¦01/11/ ¦• ¦(s): 38 Motion for Contempt) Hearing to be held on 02/01/ ¦ ¦2012 ¦ ¦2012 ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦at 12:00 PM (mvozn) (Entered: 01/11/2012) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦PDF with attached Audio File. Court Date & Time ¦ ¦01/11/ ¦ ¦ ¦ ¦2012 ¦46 ¦[ 1/11/2012 12:00:46 PM ]. File Size [ 1240 KB ]. Run Time ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦[ 00:05:10 ]. (). (admin). (Entered: 01/11/2012) ¦ +-----------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦ ¦ ¦PDF with attached Audio File. Court Date & Time ¦ ¦01/11/ ¦ ¦ ¦ ¦2012 ¦47 ¦[ 1/11/2012 12:11:42 PM ]. File Size [ 1484 KB ]. Run Time ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦[ 00:06:11 ]. (). (admin). (Entered: 01/11/2012) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Order to Adjourn Hearing On (related documents Motion for ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Contempt) (RE: related document(s)38 Motion for Contempt ¦ ¦ ¦ ¦ ¦ ¦01/11/ ¦• 48 ¦filed by U.S. Trustee Daniel M. McDermott). Hearing to be ¦ ¦2012 ¦ ¦ ¦ ¦ ¦ ¦held on 2/1/2012 at 12:00 PM Courtroom 1925 for 38 , ¦ ¦ ¦ ¦(J.A.J.) ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(Entered: 01/12/2012) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Certificate of Mailing: A Copy of this Related Document was ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Mailed on 01/12/2012 by the United States Postal Service to ¦ ¦ ¦ ¦the ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦non-ECF Participants- Ray Edward Richards at 29488 ¦ ¦ ¦ ¦ ¦ ¦01/12/ ¦• ¦Woodward Avenue, Suite 444, Royal Oak, MI 48073 and ¦ ¦2012 ¦ ¦ ¦ ¦ ¦ ¦Vernon Taylor at 16878 Glastonbury Road, Detroit, MI 48219 ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(RE: related document(s)48 Order to ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Continue/Reschedule/Adjourn Hearing) (Vozniak, Mary) ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(Entered: 01/12/2012) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Minute Entry. HEARING HELD -Matter Set for Evidentiary ¦ ¦ ¦ ¦ ¦ ¦02/01/ ¦ ¦Hearing. (related document(s): 38 Motion for Contempt) ¦ ¦2012 ¦• ¦ ¦ ¦ ¦ ¦Evidentiary hearing to be held on 04/09/2012 at 02:00 PM at ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Courtroom 1925. (mvozn) (Entered: 02/01/2012) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Order Scheduling Evidentiary Hearing on United States ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Trustee's Contempt Motion, and the Court's Contempt Order, ¦ ¦ ¦ ¦ ¦ ¦02/01/ ¦ ¦Against Vernon C. Taylor (RE: related document(s)38 Motion¦ ¦2012 ¦• 49 ¦ ¦ ¦ ¦ ¦for Contempt filed by U.S. Trustee Daniel M. McDermott). ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Hearing to be held on 4/9/2012 at 02:00 PM Courtroom 1925 ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦for 38 , (Vozniak, Mary) (Entered: 02/01/2012) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Certificate of Mailing: A Copy of this Related Document was ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Mailed on 01/12/2012 by the United States Postal Service to ¦ ¦ ¦ ¦the ¦ ¦ ¦ ¦ ¦ ¦02/01/ ¦ ¦non-ECF Participants- Ray Edward Richards at 29488 ¦ ¦2012 ¦• ¦ ¦ ¦ ¦ ¦Woodward Avenue, Suite 444, Royal Oak, MI 48073 (RE: ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦related document(s)49 Order To Set Hearing) (Vozniak, ¦ ¦ ¦ ¦Mary) ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(Entered: 02/01/2012) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Transcript Order Form of Hearing 2/1/2012, Filed by Glynis ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Averytte, Chambers Support Clerk (RE: related document(s) ¦ ¦02/01/ ¦• 50 ¦38 ¦ ¦2012 ¦ ¦ ¦ ¦ ¦ ¦Motion For Contempt Against Vernon Taylor and for Other ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Relief). (Trimm-Averytte, G.) (Entered: 02/01/2012) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦PDF with attached Audio File. Court Date & Time ¦ ¦02/01/ ¦ ¦ ¦ ¦2012 ¦51 ¦[ 2/1/2012 12:03:32 PM ]. File Size [ 9256 KB ]. Run Time ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦[ 00:38:34 ]. (). (admin). (Entered: 02/01/2012) ¦ +-----------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦ ¦ ¦(private) Remark: Transcript Request, Coversheet, FTR Log ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Notes and Audio of the 2/1/2012 hearing were forwarded to ¦ ¦02/02/ ¦ ¦ ¦ ¦2012 ¦ ¦Deborah Kremlick by United States Mail on 2/2/2012. (RE: ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦related document(s)50 Transcript Request) (Trimm-Averytte,¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦G.) (Entered: 02/02/2012) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Transcript regarding Hearing Held 02/01/12 RE: IN RE: ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦MOTION FOR CONTEMPT. THIS TRANSCRIPT WILL BE ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦MADE ELECTRONICALLY AVAILABLE TO THE ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦GENERAL PUBLIC 91 DAYS AFTER THE DATE OF ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦FILING, TRANSCRIPT RELEASE DATE IS 05/22/2012. ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Until that time, the transcript may be viewed at the Clerk's¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Office by parties who do not receive electronic notice and ¦ ¦02/21/ ¦ ¦ ¦ ¦2012 ¦• 52 ¦participated in the proceeding. A copy of the transcript may¦ ¦ ¦ ¦be ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦purchased from the official court transcriber Deborah ¦ ¦ ¦ ¦Kremlick ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦at 810.635.7084. (RE: related document(s) 50 Transcript ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Request). Redaction Request Due By 03/13/2012. Redacted ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Transcript Submission Due By 03/20/2012. Transcript access ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦will be restricted through 05/22/2012. (Kremlick, Deborah) ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(Entered: 02/21/2012) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Certificate of Mailing: A Copy of this Related Document was ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Mailed on 1/12/12 by the United States Postal Service to the¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦non-ECF Participants-Bankruptcy Petition Preparer-Debtor(s) ¦ ¦ ¦ ¦ ¦ ¦02/21/ ¦• ¦at His/Her Respective Address Appearing in the Records of ¦ ¦2012 ¦ ¦the ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Court. (RE: related document(s)48 Order to ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Continue/Reschedule/Adjourn Hearing) (J.A.J.) (Entered: ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦02/21/2012) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦RETURNED MAIL addressed to Debtor, D. Guthrie, 5061 ¦ ¦02/21/ ¦ ¦ ¦ ¦2012 ¦• 53 ¦Stingham Ct., Detroit MI 48213 (RE: related document(s)48 ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Order Adjourning Hearing ) (jlj) (Entered: 02/21/2012) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Amended Transcript regarding Hearing Held 02/01/12 RE: IN ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦RE: AMENDED MOTION FOR CONTEMPT. THIS ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦TRANSCRIPT WILL BE MADE ELECTRONICALLY ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦AVAILABLE TO THE GENERAL PUBLIC 91 DAYS ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦AFTER THE DATE OF FILING, TRANSCRIPT RELEASE ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦DATE IS 05/22/2012. Until that time, the transcript may be ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦viewed at the Clerk's Office by parties who do not receive ¦ ¦02/21/ ¦• 54 ¦ ¦ ¦2012 ¦ ¦electronic notice and participated in the proceeding. A copy¦ ¦ ¦ ¦of ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦the transcript may be purchased from the official court ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦transcriber Deborah Kremlick at 810.635.7084. (RE: related ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦document(s) 50 Transcript Request). Redaction Request Due ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦By 03/13/2012. Redacted Transcript Submission Due By ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦03/20/2012. Transcript access will be restricted through ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦05/22/2012. (Kremlick, Deborah) (Entered: 02/21/2012) ¦ +-----------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦ ¦ ¦Notice of Filing of Official Transcript. Notice is hereby ¦ ¦ ¦ ¦given ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦that an official transcript of the Motion for Contempt held ¦ ¦ ¦ ¦on ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦2/1/2012 has been filed. Pursuant to the policy adopted by ¦ ¦ ¦ ¦the ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Judicial Conference, transcripts are available for ¦ ¦ ¦ ¦inspection at ¦ ¦02/21/ ¦• 55 ¦ ¦ ¦2012 ¦ ¦the clerk's office by parties who do not receive electronic ¦ ¦ ¦ ¦notice ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦and participated in the proceeding. The transcript may also ¦ ¦ ¦ ¦be ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦purchased from the court transcriber for a 90 day period. ¦ ¦ ¦ ¦(RE: ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦related document(s)54 Transcript) (Trimm-Averytte, G.) ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(Entered: 02/21/2012) ¦ +---------+------+------------------------------------------------------------¦ ¦02/27/ ¦ ¦Notice to Take Deposition of Vernon Taylor by U.S. Trustee ¦ ¦2012 ¦• 56 ¦ ¦ ¦ ¦ ¦Daniel M. McDermott. (Randel, Paul) (Entered: 02/27/2012) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Certificate of Service ¦ ¦ ¦ ¦of Witness List, Exhibit List and Marked ¦ ¦04/02/ ¦ ¦ ¦ ¦2012 ¦• 57 ¦Exhibits. Filed by U.S. Trustee Daniel M. McDermott. ¦ ¦ ¦ ¦(Randel, ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Paul) (Entered: 04/02/2012) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Subpoena Executed Served by Karen Riggs against Ella Davis ¦ ¦04/03/ ¦ ¦ ¦ ¦2012 ¦• 58 ¦on April 3, 2012 Filed by U.S. Trustee Daniel M. McDermott. ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(Randel, Paul) (Entered: 04/03/2012) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Subpoena Executed Served by Karen Riggs against Priscilla ¦ ¦04/03/ ¦ ¦ ¦ ¦2012 ¦• 59 ¦Dixon on April 3, 2012. Filed by U.S. Trustee Daniel M. ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦McDermott. (Randel, Paul) (Entered: 04/03/2012) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Subpoena Executed Served by Karen Riggs against Phillip ¦ ¦04/03/ ¦ ¦ ¦ ¦2012 ¦• 60 ¦Harris on April 3, 2012 Filed by U.S. Trustee Daniel M. ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦McDermott. (Randel, Paul) (Entered: 04/03/2012) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Notice of Adjournment of Evidentiary Hearing (RE: related ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦document(s)38 Motion for Contempt filed by U.S. Trustee ¦ ¦04/06/ ¦ ¦ ¦ ¦2012 ¦• 61 ¦Daniel M. McDermott) Evidentiary Hearing to be held on ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦4/23/2012 at 01:30 PM Courtroom 1925 for 38 , (Vozniak, ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Mary) (Entered: 04/06/2012) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦BNC Certificate of Mailing. (RE: related document(s)61 ¦ ¦ ¦ ¦Notice ¦ ¦04/08/ ¦• 62 ¦ ¦ ¦2012 ¦ ¦of Adjournment of Hearing (Bk Motion/OSC)) No. of Notices: ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦1. Notice Date 04/08/2012. (Admin.) (Entered: 04/09/2012) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Minute Entry. Evidentiary Hearing Adjourned. (related ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦document(s): 38 Motion for Contempt) Evidentiary Hearing ¦ ¦04/09/ ¦• ¦to ¦ ¦2012 ¦ ¦ ¦ ¦ ¦ ¦be held on 04/23/2012 at 01:30 PM (mvozn) (Entered: ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦04/09/2012) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Stipulation By and Between U.S. Trustee and Vernon Taylor ¦ ¦ ¦ ¦ ¦ ¦04/23/ ¦• 63 ¦Re: Entry of Order Adjourning Hearing . Filed by U.S. ¦ ¦2012 ¦ ¦Trustee ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Daniel M. McDermott. (Randel, Paul) (Entered: 04/23/2012) ¦ +-----------------------------------------------------------------------------+
+----------------------------------------------------------------------------+ ¦ ¦ ¦Order Adjourning Evidentiary Hearing (related documents ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Stipulation) (RE: related document(s)63 Stipulation filed¦ ¦ ¦ ¦by ¦ ¦04/23/ ¦• 64 ¦ ¦ ¦2012 ¦ ¦U.S. Trustee Daniel M. McDermott). Hearing to be held on ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦6/25/2012 at 01:30 PM Courtroom 1925 for 63 , (TLC) ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(Entered: 04/23/2012) ¦ +---------+------+-----------------------------------------------------------¦ ¦ ¦ ¦Minute Entry. Hearing Adjourned. (related document(s): 38 ¦ ¦04/23/ ¦ ¦ ¦ ¦2012 ¦• ¦Motion for Contempt) Hearing to be held on 06/25/2012 at ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦01:30 PM (mvozn) (Entered: 04/23/2012) ¦ +---------+------+-----------------------------------------------------------¦ ¦ ¦ ¦Minute Entry. Hearing Adjourned. (related document(s): 38 ¦ ¦04/23/ ¦ ¦ ¦ ¦2012 ¦• ¦Motion for Contempt) Hearing to be held on 06/25/2012 at ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦01:30 PM (mvozn) (Entered: 04/23/2012) ¦ +---------+------+-----------------------------------------------------------¦ ¦ ¦ ¦Motion to Adjourn Hearing On (related documents 38 Motion¦ ¦05/02/ ¦ ¦ ¦ ¦2012 ¦• 65 ¦for Contempt) Filed by U.S. Trustee Daniel M. McDermott ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(Randel, Paul) (Entered: 05/02/2012) ¦ +---------+------+-----------------------------------------------------------¦ ¦ ¦ ¦Certification of Non-Response Filed by U.S. Trustee Daniel ¦ ¦ ¦ ¦M. ¦ ¦ ¦ ¦ ¦ ¦05/24/ ¦• 66 ¦McDermott (RE: related document(s)65 Motion to Adjourn ¦ ¦2012 ¦ ¦ ¦ ¦ ¦ ¦Hearing On (related documents 38 Motion for Contempt) ). ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(Randel, Paul) (Entered: 05/24/2012) ¦ +---------+------+-----------------------------------------------------------¦ ¦ ¦ ¦Order Adjourning Evidentiary Hearing, (RE: related document¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(s)65 Motion to Continue/Reschedule/Adjourn Hearing filed¦ ¦ ¦ ¦by ¦ ¦05/25/ ¦• 67 ¦ ¦ ¦2012 ¦ ¦U.S. Trustee Daniel M. McDermott). Hearing to be held on ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦7/16/2012 at 01:30 PM Courtroom 1925 for 65 , (TLC) ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(Entered: 05/25/2012) ¦ +---------+------+-----------------------------------------------------------¦ ¦ ¦ ¦Minute Entry. Hearing Adjourned. (related document(s): 38 ¦ ¦06/25/ ¦ ¦ ¦ ¦2012 ¦• ¦Motion for Contempt) Hearing to be held on 07/16/2012 at ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦01:30 PM (mvozn) (Entered: 06/25/2012) ¦ +---------+------+-----------------------------------------------------------¦ ¦ ¦ ¦Subpoena Executed Served by Karen Riggs against Ella Davis ¦ ¦07/03/ ¦ ¦ ¦ ¦2012 ¦• 68 ¦on July 3, 2012 Filed by U.S. Trustee Daniel M. McDermott. ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(Randel, Paul) (Entered: 07/03/2012) ¦ +---------+------+-----------------------------------------------------------¦ ¦ ¦ ¦Subpoena Executed Served by Karen Riggs against Phillip P. ¦ ¦07/03/ ¦ ¦ ¦ ¦2012 ¦• 69 ¦Harris on July 3, 2012 Filed by U.S. Trustee Daniel M. ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦McDermott. (Randel, Paul) (Entered: 07/03/2012) ¦ +---------+------+-----------------------------------------------------------¦ ¦ ¦ ¦Subpoena Executed Served by Karen Riggs against Priscilla ¦ ¦ ¦ ¦A. ¦ ¦07/03/ ¦• 70 ¦ ¦ ¦2012 ¦ ¦Dixon on July 3, 2012 Filed by U.S. Trustee Daniel M. ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦McDermott. (Randel, Paul) (Entered: 07/03/2012) ¦ +---------+------+-----------------------------------------------------------¦ ¦ ¦ ¦Notice of Adjournment of Evidentiary Hearing (RE: related ¦ ¦ ¦• 71 ¦ ¦ ¦ ¦ ¦document(s)38 Motion for Contempt filed by U.S. Trustee ¦ +----------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦ ¦ ¦Daniel M. McDermott) Evidentiary Hearing to be held on ¦ ¦07/12/ ¦ ¦ ¦ ¦2012 ¦ ¦8/27/2012 at 01:30 PM Courtroom 1925 for 38 , (Vozniak, ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Mary) (Entered: 07/12/2012) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦BNC Certificate of Mailing. (RE: related document(s)71 ¦ ¦ ¦ ¦Notice ¦ ¦07/14/ ¦• 72 ¦ ¦ ¦2012 ¦ ¦of Adjournment of Hearing (Bk Motion/OSC)) No. of Notices: ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦2. Notice Date 07/14/2012. (Admin.) (Entered: 07/15/2012) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Minute Entry. Hearing Adjourned. (related document(s): 38 ¦ ¦07/16/ ¦ ¦ ¦ ¦2012 ¦• ¦Motion for Contempt) Hearing to be held on 08/27/2012 at ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦09:00 AM (mvozn) (Entered: 07/16/2012) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Subpoena Executed Served by Karen Riggs against Priscilla ¦ ¦08/23/ ¦ ¦ ¦ ¦2012 ¦• 73 ¦Dixon on August 23, 2012 Filed by U.S. Trustee Daniel M. ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦McDermott. (Randel, Paul) (Entered: 08/23/2012) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Subpoena Executed Served by Karen Riggs against Phillip P. ¦ ¦08/23/ ¦ ¦ ¦ ¦2012 ¦• 74 ¦Harris on August 23, 2012 Filed by U.S. Trustee Daniel M. ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦McDermott. (Randel, Paul) (Entered: 08/23/2012) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Subpoena Executed Served by Karen Riggs against Ella Davis ¦ ¦08/23/ ¦ ¦ ¦ ¦2012 ¦• 75 ¦on August 23, 2012 Filed by U.S. Trustee Daniel M. ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦McDermott. (Randel, Paul) (Entered: 08/23/2012) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Minute Entry. Evidentiary Hearing Held and Continued. ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(related document(s): 38 Motion for Contempt filed by ¦ ¦08/27/ ¦• ¦Daniel ¦ ¦2012 ¦ ¦ ¦ ¦ ¦ ¦M. McDermott) Continued Evidentiary Hearing to be held on ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦10/15/2012 at 02:00 PM (mvozn) (Entered: 08/27/2012) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦PDF with attached Audio File. Court Date & Time ¦ ¦08/28/ ¦ ¦ ¦ ¦2012 ¦• 76 ¦[ 8/27/2012 1:40:26 PM ]. File Size [ 26788 KB ]. Run Time ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦[ 01:51:37 ]. (admin). (Entered: 08/28/2012) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Transcript Order Form of Hearing 8/27/2012, Filed by Special¦ ¦08/28/ ¦ ¦ ¦ ¦2012 ¦• 77 ¦Appearance Attorney Law Office of Ray Richards, PLLC. ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(Richards, Ray) (Entered: 08/28/2012) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Minute Entry. EVIDENTIARY Hearing Held and Continued. ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(related document(s): 38 Motion for Contempt filed by ¦ ¦10/15/ ¦• ¦Daniel ¦ ¦2012 ¦ ¦ ¦ ¦ ¦ ¦M. McDermott) Hearing to be held on 01/07/2013 at 01:30 PM ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(mvozn) (Entered: 10/15/2012) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦PDF with attached Audio File. Court Date & Time ¦ ¦10/15/ ¦ ¦ ¦ ¦2012 ¦• 78 ¦[ 10/15/2012 2:49:58 PM ]. File Size [ 3380 KB ]. Run Time ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦[ 00:14:05 ]. (admin). (Entered: 10/15/2012) ¦ +-----------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦10/25/ ¦ ¦Notice to Take Deposition of Vernon Taylor by U.S. Trustee ¦ ¦2012 ¦• 79 ¦ ¦ ¦ ¦ ¦Daniel M. McDermott. (Randel, Paul) (Entered: 10/25/2012) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Certificate of Service Filed by U.S. Trustee Daniel M. ¦ ¦10/25/ ¦ ¦ ¦ ¦2012 ¦• 80 ¦McDermott (RE: related document(s)79 Notice to Take ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Deposition). (Randel, Paul) (Entered: 10/25/2012) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Notice of Adjournment of Continued Evidentiary Hearing (RE: ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦related document(s)38 Motion for Contempt filed by U.S. ¦ ¦ ¦ ¦ ¦ ¦01/04/ ¦ ¦Trustee Daniel M. McDermott) Hearing to be held on ¦ ¦2013 ¦• 81 ¦ ¦ ¦ ¦ ¦1/28/2013 at 01:30 PM Courtroom 1925 for 38 , (Vozniak, ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Mary) CORRECTIVE ENTRY: ENTERED IN ERROR. ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Modified on 1/4/2013 (Steinle, J). (Entered: 01/04/2013) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Corrected Notice of Adjournment of Continued Evidentiary ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Hearing (RE: related document(s)38 Motion for Contempt ¦ ¦ ¦ ¦filed ¦ ¦01/04/ ¦• 82 ¦ ¦ ¦2013 ¦ ¦by U.S. Trustee Daniel M. McDermott) Hearing to be held on ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦1/28/2013 at 01:30 PM Courtroom 1925 for 38 , (Vozniak, ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Mary) (Entered: 01/04/2013) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦BNC Certificate of Mailing. (RE: related document(s)82 ¦ ¦ ¦ ¦Notice ¦ ¦01/06/ ¦• 83 ¦ ¦ ¦2013 ¦ ¦of Adjournment of Hearing (Bk Motion/OSC)) No. of Notices: ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦1. Notice Date 01/06/2013. (Admin.) (Entered: 01/07/2013) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Minute Entry. Continued Evidentiary Hearing Adjourned. ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(related document(s): 38 Motion for Contempt filed by ¦ ¦01/07/ ¦• ¦Daniel ¦ ¦2013 ¦ ¦ ¦ ¦ ¦ ¦M. McDermott) Hearing to be held on 01/28/2013 at 01:30 PM ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(mvozn) (Entered: 01/07/2013) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Order Requiring Attorney Ray Richards To File A Notice Of ¦ ¦01/11/ ¦ ¦ ¦ ¦2013 ¦• 84 ¦Appearance, Electronically, As Attorney For Vernon Taylor . ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(TLC) (Entered: 01/11/2013) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Certificate of Mailing: A Copy of this Related Document was ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Mailed on 1/11/2013 by the United States Postal Service to ¦ ¦ ¦ ¦the ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦non-ECF Participants-Bankruptcy Petition Preparer-Debtor(s) ¦ ¦01/11/ ¦ ¦ ¦ ¦2013 ¦• ¦at His/Her Respective Address Appearing in the Records of ¦ ¦ ¦ ¦the ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Court. (RE: related document(s)84 Order Regarding Attorney¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Ray Richards To File A Notice Of Appearance, Electronically,¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦As Attorney For Vernon Taylor). (TLC) (Entered: 01/14/2013) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Notice of Appearance and Request for Notice Filed by Special¦ ¦01/24/ ¦ ¦ ¦ ¦2013 ¦• 85 ¦Appearance Attorney Law Office of Ray Richards, PLLC. ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(Richards, Ray) (Entered: 01/24/2013) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Minute Entry. Evidentiary hearing continued.(related ¦ ¦ ¦• ¦document ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(s): 38 Motion for Contempt filed by Daniel M. McDermott).¦ +-----------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦ ¦ ¦Counsel for the United States Trustee appeared. Respondent ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Vernon Taylor and his attorney, Ray Richards, each failed to¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦appear. Evidentiary hearing concluded. The United States ¦ ¦ ¦ ¦ ¦ ¦01/28/ ¦ ¦Trustee is to file proposed findings of fact and conclusions¦ ¦2013 ¦ ¦of ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦law no later than February 19, 2013, at which time this ¦ ¦ ¦ ¦matter ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦will be deemed taken under advisement. (mvozn) (Entered: ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦01/28/2013) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦PDF with attached Audio File. Court Date & Time ¦ ¦01/28/ ¦ ¦ ¦ ¦2013 ¦• 86 ¦[ 1/28/2013 1:50:32 PM ]. File Size [ 16680 KB ]. Run Time ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦[ 01:09:30 ]. (admin). (Entered: 01/28/2013) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Expedited Transcript Order Form of Hearing August 27, 2012, ¦ ¦01/30/ ¦ ¦ ¦ ¦2013 ¦• 87 ¦Filed by U.S. Trustee Daniel M. McDermott (RE: related ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦document(s)76 ). (Randel, Paul) (Entered: 01/30/2013) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Expedited Transcript Order Form of Hearing October 15, 2012,¦ ¦01/30/ ¦ ¦ ¦ ¦2013 ¦• 88 ¦Filed by U.S. Trustee Daniel M. McDermott (RE: related ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦document(s)78 ). (Randel, Paul) (Entered: 01/30/2013) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Transcript regarding Hearing Held 8/27/12 RE: IN RE: ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦CONTINUED EVIDENTIARY HEARING RE: MOTION ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦FOR CONTEMPT. THIS TRANSCRIPT WILL BE MADE ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ELECTRONICALLY AVAILABLE TO THE GENERAL ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦PUBLIC 91 DAYS AFTER THE DATE OF FILING, ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦TRANSCRIPT RELEASE DATE IS 05/7/2013. Until that time, ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦the transcript may be viewed at the Clerk's Office by ¦ ¦ ¦ ¦parties ¦ ¦02/05/ ¦• 89 ¦ ¦ ¦2013 ¦ ¦who do not receive electronic notice and participated in the¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦proceeding. A copy of the transcript may be purchased from ¦ ¦ ¦ ¦the ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦official court transcriber Deborah Kremlick at 810.635.7084.¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(RE: related document(s) 87 Transcript Request). Redaction¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Request Due By 02/26/2013. Redacted Transcript Submission ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Due By 03/5/2013. Transcript access will be restricted ¦ ¦ ¦ ¦through ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦05/7/2013. (Kremlick, Deborah) (Entered: 02/05/2013) ¦ +---------+------+------------------------------------------------------------¦ ¦ ¦ ¦Transcript regarding Hearing Held 10/15/12 RE: IN RE: ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦CONTINUED EVIDENTIARY HEARING RE: MOTION ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦FOR CONTEMPT. THIS TRANSCRIPT WILL BE MADE ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ELECTRONICALLY AVAILABLE TO THE GENERAL ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦PUBLIC 91 DAYS AFTER THE DATE OF FILING, ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦TRANSCRIPT RELEASE DATE IS 05/7/2013. Until that time, ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦the transcript may be viewed at the Clerk's Office by ¦ ¦ ¦• 90 ¦parties ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦who do not receive electronic notice and participated in the¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦proceeding. A copy of the transcript may be purchased from ¦ ¦ ¦ ¦the ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦official court transcriber Deborah Kremlick at 810.635.7084.¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(RE: related document(s) 88 Transcript Request). Redaction¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Request Due By 02/26/2013. Redacted Transcript Submission ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Due By 03/5/2013. Transcript access will be restricted ¦ ¦ ¦ ¦through ¦ +-----------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦02/05¦ ¦05/7/2013. (Kremlick, Deborah) (Entered: 02/05/2013) ¦ ¦/2013¦ ¦ ¦ +-----+----+------------------------------------------------------------------¦ ¦ ¦ ¦Amended Transcript regarding Hearing Held 8/27/12 RE: IN ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦RE: CONTINUED EVIDENTIARY HEARING RE: MOTION ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦FOR CONTEMPT. THIS TRANSCRIPT WILL BE MADE ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ELECTRONICALLY AVAILABLE TO THE GENERAL ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦PUBLIC 91 DAYS AFTER THE DATE OF FILING, ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦TRANSCRIPT RELEASE DATE IS 05/7/2013. Until that time, ¦ ¦ ¦ ¦ ¦ ¦02/05¦• ¦the transcript may be viewed at the Clerk's Office by parties ¦ ¦/2013¦91 ¦ ¦ ¦ ¦ ¦who do not receive electronic notice and participated in the ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦proceeding. A copy of the transcript may be purchased from the ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦official court transcriber Deborah Kremlick at 810.635.7084. ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(RE: related document(s) 87 Transcript Request). Redaction ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Request Due By 02/26/2013. Redacted Transcript Submission ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Due By 03/5/2013. Transcript access will be restricted through ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦05/7/2013. (Kremlick, Deborah) (Entered: 02/05/2013) ¦ +-----+----+------------------------------------------------------------------¦ ¦ ¦ ¦Declaration - U.S. Trustee's Proposed Findings of Fact and ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Conclusions of Law in Support of His Request that Vernon ¦ ¦02/19¦• ¦ ¦ ¦/2013¦92 ¦Taylor be Incarerated for his Contempt. Filed by U.S. Trustee ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Daniel M. McDermott (RE: related document(s) Minute Entry). ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(Randel, Paul) (Entered: 02/19/2013) ¦ +-----+----+------------------------------------------------------------------¦ ¦ ¦ ¦Response to (related document(s): 92 Declaration) Filed by ¦ ¦03/20¦• ¦ ¦ ¦/2013¦93 ¦Special Appearance Attorney Law Office of Ray Richards, ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦PLLC (Richards, Ray) (Entered: 03/20/2013) ¦ +-----+----+------------------------------------------------------------------¦ ¦ ¦ ¦Order Requiring The United States Trustee to File a Reply to ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Vernon Taylor's March 20, 2013 "Response" to the United ¦ ¦ ¦ ¦ ¦ ¦03/21¦• ¦States Trustee's Proposed Findings of Fact and Conclusions of ¦ ¦/2013¦94 ¦ ¦ ¦ ¦ ¦Law (RE: related document(s)93 Response filed by Special ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Appearance Attorney Law Office of Ray Richards, PLLC). ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(wm) (Entered: 03/21/2013) ¦ +-----+----+------------------------------------------------------------------¦ ¦ ¦ ¦(private) Objection/Response Deadline Updated re 94 Order ¦ ¦03/21¦ ¦ ¦ ¦/2013¦ ¦Requiring Reply. Reply of United States Trustee due by ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦3/28/2013. (wm) (Entered: 03/21/2013) ¦ +-----+----+------------------------------------------------------------------¦ ¦ ¦ ¦Response to (related document(s): 93 Response) U.S. Trustee's ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Limited Reply to Specific Allegations Identified by Court Order, ¦ ¦03/26¦• ¦ ¦ ¦/2013¦95 ¦Docket #94, Contained in Vernon Taylor's Response, Docket ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦#93. Filed by U.S. Trustee Daniel M. McDermott (Randel, ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Paul) (Entered: 03/26/2013) ¦ +-----+----+------------------------------------------------------------------¦ ¦ ¦ ¦(private) Deadline Terminated: Response Due Date, (RE: ¦ ¦03/29¦ ¦ ¦ ¦/2013¦ ¦Update Objection/Response Deadline). (TLC) (Entered: ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦03/29/2013) ¦ +-----------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦ ¦ ¦Order Scheduling Status Conference, and Requiring ¦ ¦ ¦ ¦ ¦ ¦03/29/ ¦ ¦Attendance, Regarding the United States Trustees Contempt ¦ ¦2013 ¦• 96 ¦ ¦ ¦ ¦ ¦Motion, and the Courts Contempt Order, Against Vernon C. ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Taylor. (Tucker, Thomas) (Entered: 03/29/2013) ¦ +---------+-------+-----------------------------------------------------------¦ ¦ ¦ ¦Order Scheduling Status Conference, and REquiring ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Attendance, Regarding the United States Trustee's Contempt ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Motion, and the Court's Contempt Order, Against Vernon C. ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Taylor (RE: related document(s)38 Motion for Contempt ¦ ¦04/01/ ¦• 97 ¦filed ¦ ¦2013 ¦ ¦ ¦ ¦ ¦ ¦by U.S. Trustee Daniel M. McDermott). Status Conference to ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦be held on 4/8/2013 at 02:00 PM Courtroom 1925 for 38 , ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(Vozniak, Mary) Note: no PDF attached. Redocketed to set ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦hearing. (Entered: 04/01/2013) ¦ +---------+-------+-----------------------------------------------------------¦ ¦ ¦ ¦Minute Entry. Hearing Held and Continued. (related document¦ ¦ ¦ ¦ ¦ ¦04/08/ ¦ ¦(s): 38 Motion for Contempt filed by Daniel M. McDermott)¦ ¦2013 ¦• ¦ ¦ ¦ ¦ ¦Status hearing to be held on 04/29/2013 at 11:00 AM at ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Courtroom 1925. (mvozn) (Entered: 04/08/2013) ¦ +---------+-------+-----------------------------------------------------------¦ ¦ ¦ ¦PDF with attached Audio File. Court Date & Time ¦ ¦04/08/ ¦ ¦ ¦ ¦2013 ¦• 98 ¦[ 4/8/2013 2:05:00 PM ]. File Size [ 4888 KB ]. Run Time ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦[ 00:20:22 ]. (admin). (Entered: 04/08/2013) ¦ +---------+-------+-----------------------------------------------------------¦ ¦ ¦ ¦PDF with attached Audio File. Court Date & Time ¦ ¦04/08/ ¦ ¦ ¦ ¦2013 ¦• 96 ¦[ 4/8/2013 3:02:22 PM ]. File Size [ 3697 KB ]. Run Time ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦[ 00:15:24 ]. (admin). (Entered: 04/08/2013) ¦ +---------+-------+-----------------------------------------------------------¦ ¦ ¦ ¦Minute Entry. Further Status Conference Held; Motion Deemed¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Conditionally Settled. (related document(s): 38 Motion ¦ ¦04/29/ ¦• ¦for ¦ ¦2013 ¦ ¦ ¦ ¦ ¦ ¦Contempt filed by Daniel M. McDermott) (mvozn) (Entered: ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦04/29/2013) ¦ +---------+-------+-----------------------------------------------------------¦ ¦ ¦ ¦Stipulation By and Between U.S. Trustee and Vernon Taylor ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Re: Entry of Order Approving the Settlement Agreement ¦ ¦04/29/ ¦ ¦ ¦ ¦2013 ¦• 100 ¦Between Vernon Taylor and the U.S. Trustee . Filed by U.S. ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Trustee Daniel M. McDermott. (Randel (UST), Paul) (Entered:¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦04/29/2013) ¦ +---------+-------+-----------------------------------------------------------¦ ¦ ¦ ¦Declaration ¦ ¦ ¦ ¦- Settlement Agreement between Vernon Taylor and ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦the U.S. Trustee. Filed by U.S. Trustee Daniel M. ¦ ¦04/29/ ¦• 101 ¦McDermott ¦ ¦2013 ¦ ¦ ¦ ¦ ¦ ¦(RE: related document(s)100 Stipulation). (Randel (UST), ¦ ¦ ¦ ¦Paul) ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(Entered: 04/29/2013) ¦ +---------+-------+-----------------------------------------------------------¦ ¦ ¦ ¦Order Approving The Settlement Agreement Between Vernon ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Taylor And The United States Trustee . (RE: related ¦ ¦04/29/ ¦ ¦document ¦ ¦2013 ¦• 102 ¦ ¦ ¦ ¦ ¦(s)100 Stipulation filed by U.S. Trustee Daniel M. ¦ ¦ ¦ ¦McDermott). ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(TLC) (Entered: 04/29/2013) ¦ +-----------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦ ¦ ¦PDF with attached Audio File. Court Date & Time ¦ ¦ ¦• 103 ¦ ¦ ¦ ¦ ¦[ 4/29/2013 11:04:29 AM ]. File Size [ 6436 KB ]. Run Time¦ +----------+-------+----------------------------------------------------------¦ ¦04/29/2013¦ ¦[ 00:26:49 ]. (admin). (Entered: 04/29/2013) ¦ +-----------------------------------------------------------------------------+ In re: DANIELL GUTHRIE, Debtor.
Case No. 07-58703-TJT
Chapter 7
JUDGE THOMAS J. TUCKER
ORDER APPROVING THE SETTLEMENT AGREEMENT
BETWEEN VERNON TAYLOR AND THE UNITED STATES TRUSTEE
This case came before the Court on the stipulation of the United States Trustee and Vernon Taylor, by their respective counsel, filed April 29, 2013 (Docket # 100), for the entry of an order resolving the United States Trustee's Motion for Contempt and for Other Relief.
1. The United States Trustee filed a Motion for Contempt, Docket #38, on September 26, 2011. On October 31, 2011 the Court entered an Order Finding Vernon C. Taylor in Contempt and for Further Proceedings, Docket #40.
2. Further proceedings were held, including evidentiary hearings most recently on October 15, 2012 and continued to January 28, 2013.
3. After the January 28, 2013 hearing, the United States Trustee submitted Proposed Findings of Fact and Conclusions of Law.
4. The United States Trustee asserted that Vernon Taylor had violated the Bankruptcy Court's Order and that the Bankruptcy Court should refer the matter to the District Court with a Report and Recommendation that Taylor be found in and sanctioned for Contempt, including Criminal Contempt.
5. The Bankruptcy Court had the matter under advisement at the time the parties entered into this settlement.
6. As part of the Settlement, the parties have agreed to:
a. Stipulated Findings of Fact and Conclusions of Law,
b. Ask the Bankruptcy Court to request that the District Court withdraw the reference of this case to the Bankruptcy Court so that an Order encompassing the Settlement Agreement can be entered by the Federal District Court with broad powers to enforce it, and
c. A mechanism where subsequent proceedings, if necessary, can be adjudicated in the Bankruptcy Court and have a binding effect in and the powers of the District Court.
7. The Settlement Agreement contains numerous dependent provisions, all in anticipation that the Agreement will ultimately be approved by the District Court. If the District Court does not approve the Agreement, neither party is bound to any of the provisions in it unless a subsequent modified agreement is reached.
IT IS ORDERED that that the Settlement Agreement entered into by Vernon Taylor and the United States Trustee on April 29, 2013 (Docket # 101) is approved by this Court.
IT IS FURTHER ORDERED that this Court will recommend to the United States District Court for the Eastern District of Michigan that it withdraw the reference of this case to the Bankruptcy Court, for the purpose of entering the proposed District Court Order which is attached to the Parties' Settlement Agreement, so that it may be enforced by a Judge of the District Court according to its terms.
IT IS FURTHER ORDERED that the Proposed Findings of Fact and Conclusions of Law submitted by the United States Trustee on February 19, 2013, Docket #92, except for paragraphs 32 and 38, are adopted by this Court, and constitute its Findings of Fact and Conclusions of Law.
IT IS FURTHER ORDERED that Vernon Taylor is in Contempt of this Court's Prior Orders,
a. The Consent Judgment entered on November 8, 2007, Docket #18, and
b. The Order Finding Vernon C. Taylor in Contempt and for Further Proceedings, Docket #40, entered on October 31, 2011.
IT IS FURTHER ORDERED that the Sanctions, agreed to by the parties and anticipated to be approved by the District Court, are:
1. That Orders identified above will become Orders of the Federal District Court.
2. That Vernon Taylor shall electronically submit a monthly statement to the United States Trustee reporting:
a. Whether he is still working for Ray Richards,
b. Whether he has earned any money other than under the employment of Ray Richards,
c. How he has earned other money, and
d. How much he has earned.
The Statement shall be sent by email to Paul.Randel@usdoj.gov and Karen.Riggs@usdoj.gov unless Taylor is notified of a different email address.
3. That Vernon Taylor shall pay $100.00 on the first business day of each month beginning on May 1, 2013, by delivering certified funds to the United States Trustee , made out to the following Debtors:
+------------------------------------------+ ¦ ¦ Case Name ¦ Case No. ¦ Amount Owed ¦ +--+--------------+----------+-------------¦ ¦1.¦Arlene Johnson¦08-44522 ¦$ 2,000.00 ¦ +--+--------------+----------+-------------¦ ¦2.¦Cato Johnson ¦08-43139 ¦$ 2,000.00 ¦ +--+--------------+----------+-------------¦ ¦3.¦Kelly Vaughn ¦08-40824 ¦$ 2,000.00 ¦ +--+--------------+----------+-------------¦ ¦4.¦Kelly Vaughn ¦08-42578 ¦$ 2,000.00 ¦ +------------------------------------------+
+--------------------------------------------+ ¦5. ¦Delmar Williams ¦08-48460¦$ 2,000.00 ¦ +---+-------------------+--------+-----------¦ ¦6. ¦Vonzella Johnson ¦08-48461¦$ 2,000.00 ¦ +---+-------------------+--------+-----------¦ ¦7. ¦Algernon Bell ¦08-48978¦$ 2,000.00 ¦ +---+-------------------+--------+-----------¦ ¦8. ¦Latonya Wright ¦08-51580¦$ 2,000.00 ¦ +---+-------------------+--------+-----------¦ ¦9. ¦Rochelle K. Collins¦10-63595¦$ 2,000.00 ¦ +---+-------------------+--------+-----------¦ ¦10.¦Raquel Johnson ¦11-44555¦$ 2,500.00 ¦ +---+-------------------+--------+-----------¦ ¦11.¦Celina D. Cason ¦11-41480¦$ 2,000.00 ¦ +---+-------------------+--------+-----------¦ ¦12.¦Melinda Young ¦11-43176¦$ 2,000.00 ¦ +---+-------------------+--------+-----------¦ ¦13.¦Joslynn T. Woodard ¦11-49530¦$ 2,000.00 ¦ +---+-------------------+--------+-----------¦ ¦14.¦Tajuana R. Robinson¦11-42370¦$ 2,000.00 ¦ +---+-------------------+--------+-----------¦ ¦15.¦Kimberly L Gill ¦11-50124¦$ 2,000.00 ¦ +---+-------------------+--------+-----------¦ ¦16.¦Portia M. Smith ¦11-53566¦$ 2,000.00 ¦ +---+-------------------+--------+-----------¦ ¦17.¦Phillip P. Harris ¦12-40177¦$ 2,000.00 ¦ +---+-------------------+--------+-----------¦ ¦18.¦Priscilla A. Dixon ¦12-40521¦$ 2,000.00 ¦ +---+-------------------+--------+-----------¦ ¦19.¦Tamara M. Ingram ¦12-40042¦$ 2,000.00 ¦ +---+-------------------+--------+-----------¦ ¦ ¦ ¦TOTAL ¦$ 38,500.00¦ +--------------------------------------------+
The payments will be made payable to each Debtor, beginning with No. 1, on a rotating and continuing basis until each of the Debtors has been paid in full.
4. That Vernon C. Taylor shall appear at the Office of the United States Trustee on a mutually agreed upon date for a deposition in six to nine months.
5. That if it is alleged that Vernon Taylor has violated the permanent injunction by any action since the date of his last Deposition, November 15, 2012, or has violated any other terms of the Federal District Court Order, after entry of an Order by the Federal District Court, he will be subject to further contempt proceedings in the Federal District Court. As part of those proceedings:
a. The Federal District Court may use any and remedies available to it, especially those remedies which may not be available to Courts established under Article I of the United States Constitution, and
b. The Federal District Court may refer the matter to the Bankruptcy court for findings of fact and conclusions of law, which will be binding on the parties for all purposes, especially the imposition of a remedy by the Federal District Court.
6. Ray Richards' representation of Vernon Taylor will terminate thirty days after entry of the Federal District Court Order, unless it is terminated earlier by proper procedure or extended by a new agreement. After that date, unless Taylor is represented by counsel, service on Vernon Taylor will be accomplished by first class mail to: Vernon Taylor, 16878 Glastonbury Road, Detroit, MI 48219.
__________________
Thomas J. Tucker
United States Bankruptcy Judge
In re: DANIELL GUTHRIE, Debtor.
Case No. 07-58703-TJT
Chapter 7
HON. THOMAS J. TUCKER
SETTLEMENT AGREEMENT
Parties
The Parties to this agreement are Vernon Taylor and Daniel M. McDermott, United States Trustee. Background
1. Vernon Taylor entered into a Consent Judgment on November 8, 2007, Docket #18. The U.S. Trustee filed a Motion for Contempt, Docket #38, on September 26, 2011, claiming Taylor violated the terms of the Consent Judgment. On October 31, 2011 the Court entered an Order Finding Vernon C. Taylor in Contempt and for Further Proceedings, Docket #40.
2. Further proceedings were held, including evidentiary hearings most recently on October 15, 2012 and continued to January 28, 2013.
3. After the January 28, 2013 hearing, the United States Trustee submitted Proposed Findings of Fact and Conclusions of Law.
4. The United States Trustee asserted that Vernon Taylor had violated the Bankruptcy Court's Order and that the Bankruptcy Court should refer the matter to the District Court with a Report and Recommendation that Taylor be found in and sanctioned for Contempt, including Criminal Contempt.
5. The Bankruptcy Court had the matter under advisement at the time the parties entered into this settlement.
6. As part of the Settlement, the parties have agreed to:
a. Stipulated Findings of Fact and Conclusions of Law,
b. Ask the Bankruptcy Court to request that the District Court withdraw the reference of this case to the Bankruptcy Court so that an Order encompassing the Settlement Agreement can be entered by the Federal District Court with broad powers to enforce it, and
c. A mechanism for subsequent proceedings, if necessary, to be adjudicated in the Bankruptcy Court and have a binding effect in and the powers of the District Court.
7. The Settlement Agreement contains numerous dependent provisions, all in anticipation that the Agreement will ultimately be approved by the District Court. If the District Court does not approve the Agreement, neither party is bound to any of the provisions in it unless a subsequent modified agreement is reached.
TERMS
Injunctions to become Orders of the Federal District Court
The Parties agree, A. That the Consent Judgment entered on November 8, 2007, Docket #18, and the Order Finding Vernon C. Taylor in Contempt and for Further Proceedings, Docket #40, entered on October 31, 2011 will become Orders of the Federal District Court and any violations of those Orders will be violations of Orders of the Federal District Court, B. That this resolution addresses any failure of Vernon Taylor to make the payments due under the Orders for all times prior to May 1, 2013, and C. That this resolution addresses any failure of Vernon Taylor to honor the injunctions in the Orders for all times prior to November 15, 2012, the date of his last deposition with the United States Trustee. Stipulated Findings of Fact and Conclusions of Law
The Parties Stipulate the Proposed Findings of Fact and Conclusions of Law submitted by the United States Trustee on February 19, 2013, Docket #92, except paragraphs 32 and 38, are now the Bankruptcy Court's Findings of Fact and Conclusions of Law in this matter. Payments
Vernon Taylor shall pay $100.00 on the first business day of each month beginning on May 1, 2013, by delivering certified funds to the United States Trustee, made out to the following Debtors:
+--------------------------------------------+ ¦ Case Name ¦ Case No. ¦ Amount Owed ¦ +-------------------+----------+-------------¦ ¦1. Arlene Johnson ¦08-44522 ¦$ 2,000.00 ¦ +-------------------+----------+-------------¦ ¦2. Cato Johnson ¦08-43139 ¦$ 2,000.00 ¦ +-------------------+----------+-------------¦ ¦3. Kelly Vaughn ¦08-40824 ¦$ 2,000.00 ¦ +-------------------+----------+-------------¦ ¦4. Kelly Vaughn ¦08-42578 ¦$ 2,000.00 ¦ +-------------------+----------+-------------¦ ¦5. Delmar Williams ¦08-48460 ¦$ 2,000.00 ¦ +-------------------+----------+-------------¦ ¦6. Vonzella Johnson¦08-48461 ¦$ 2,000.00 ¦ +-------------------+----------+-------------¦ ¦7. Algernon Rell ¦08-48978 ¦$ 2,000.00 ¦ +--------------------------------------------+
+----------------------------------------------+ ¦8. Latonya Wright ¦08-51580¦$ 2,000.00 ¦ +-----------------------+--------+-------------¦ ¦9. Rochelle K. Coilins ¦10-63595¦$ 2,000.00 ¦ +-----------------------+--------+-------------¦ ¦10. Raquel Johnson ¦11-44555¦$ 2,500.00 ¦ +-----------------------+--------+-------------¦ ¦11. Celina D. Cason ¦11-41480¦$ 2,000.00 ¦ +-----------------------+--------+-------------¦ ¦12. Melinda Young ¦11-43176¦$ 2,000.00 ¦ +-----------------------+--------+-------------¦ ¦13, Joslynn T. Woodard ¦11-49530¦$ 2,000.00 ¦ +-----------------------+--------+-------------¦ ¦14. Tajuana R. Robinson¦11-42370¦$ 2,000.00 ¦ +-----------------------+--------+-------------¦ ¦15. Kimberly L. Gill ¦11-50124¦$ 2,000.00 ¦ +-----------------------+--------+-------------¦ ¦16. Portia M. Smith ¦11-53566¦$ 2,000.00 ¦ +-----------------------+--------+-------------¦ ¦17. Phillip P. Harris ¦12-40177¦$ 2,000.00 ¦ +-----------------------+--------+-------------¦ ¦18. Priscilla A. Dixon ¦12-40521¦$ 2,000.00 ¦ +-----------------------+--------+-------------¦ ¦19. Tamara M. Ingram ¦12-40042¦$ 2,000.00 ¦ +-----------------------+--------+-------------¦ ¦ ¦TOTAL ¦$ 38,500.00 ¦ +----------------------------------------------+
The payments will be made payable to each Debtor, beginning with No. 1, on a rotating and continuing basis until each of the Debtors has been paid in full. The obligation to pay will begin on May 1, 2013 and continue even if the Orders contemplated below are not entered by that date. Reporting
Vernon Taylor shall electronically submit a monthly statement to the United States Trustee reporting:
- Whether he is still working for Ray Richards,
- Whether he has earned any money other than under the employment of Ray Richards,
- How he has earned other money, and
- How much he has earned.
The Statement shall be sent by email to Paul.Randel@usdoj.gov and Karen.Riggs@usdoj.gov unless Taylor is notified of a different email address. Monitoring
Vernon C. Taylor shall appear at the Office of the United States Trustee on a mutually agreed upon date for a deposition in six to nine months. Entry of Orders
The parties intend to submit two orders to be entered by the courts. Bankruptcy Court Order
A Proposed Bankruptcy Court Order, attached as Exhibit A to this Agreement, will be submitted with a stipulation to the Bankruptcy Court. It adopts this Agreement and its terms. It also anticipates that this court will ask the Federal District Court to withdraw the reference of this case to the Bankruptcy Court. The reason for that request is to allow entry of the other Order, Exhibit B, by the Federal District Court. The purpose of that request is so the Order and the terms it includes can be enforced by the Federal District Court with broader powers to enforce its orders than a Bankruptcy Court may have. Federal District Court Order
A Proposed Federal District Court Order, attached as Exhibit B to this Agreement, will be submitted with a stipulation to the Federal District Court if the reference of this case is withdrawn. It adopts this Agreement and its terms. The purpose of the Federal Court Order is so the Order and the terms it includes can be enforced by the Federal District Court which has broader powers to enforce its orders than a Bankruptcy Court may have. Remedies for Violations of Court Orders
The Parties agree the Federal District Court will have all of its powers to enforce its Order once entered. The Parties recognize that this includes, among others, the power to impose penalties for Criminal Contempt. The Parties further recognize that incarceration is among those powers, and that the Federal District Court may take into consideration the success or failure of other remedies previously tried by the Bankruptcy Court in making its decision. Litigation of Disputes
The parties agree that the Federal District Court may assign the litigation of disputes regarding compliance with its Order to the Bankruptcy Court for binding Findings of Fact and Conclusions of Law. The parties also agree that the Federal District Court will then be able to rely on those Findings and Conclusions as if made by the Federal District Court when imposing any remedy within its powers. Conclusion of Representation and Service Address for Subsequent Activity
Vernon Taylor is currently represented by Ray Richards. Richards' representation of Taylor will end 30 days after entry of the Federal District Court Order. After that time, service on Vernon Taylor will be accomplished by first class mail to: Vernon Taylor
16878 Glastonbury Road
Detroit, MI 48219
This address will remain the service address for Vernon Taylor unless and until a document is filed with the Court providing an updated service address.
Nothing in this Agreement prevents Taylor from hiring new counsel before or after that time and Richards from entering into a new agreement. Nothing in this Agreement prevents Richards' withdrawal from the case at an earlier time provided it is done consistent with procedural requirements and ethical obligations. Non Severability
The Parties agree that the terms of this Agreement are intended to form a single resolution. The Parties also recognize that the Federal District Court is not obligated to enter the proposed Order. The Parties agree that if the Proposed Order is not ultimately entered by the Federal District Court, neither party will be bound to any of the terms of this agreement and the matter will resume where it stands in the Bankruptcy Court. Any monthly payments made as part of this Agreement will be credited toward Taylor's obligations under prior Bankruptcy Court Orders.
DANIEL M. McDERMOTT
UNITED STATES TRUSTEE
Regien 9
LAW OFFICE OF
RAY E. RICHARDS II PLC
By: Paul J. Randel (P58419)
Paul.Randel@usdoj. gov
Trial Attorney
Office of the U.S. Trustee
211 West Fort Street - Suite 700
Detroit, Michigan 48226
(313) 226-4541
Ray Edward Richards, II (p56972)
rayrichardsesq@gmail.com
Attorney for Vernon C. Taylor
29488 Woodward Ave Ste 444
Royal Oak, MI 48073
(313)962-0700
_______________
Vernon C. Taylon
16878 Glastonbury Road
Detroit, MI 48219
In re: DANIELL GUTHRIE, Debtor.
Case No. 07-58703-TJT
Chapter 7
HON. THOMAS J. TUCKER
ORDER APPROVING THE SETTLEMENT AGREEMENT
BETWEEN VERNON TAYLOR AND THE UNITED STATES TRUSTEE
This matter came before the Court on the stipulation of the United States Trustee and Vernon Taylor, by their respective counsel, for the entry of an order resolving the United States Trustee's Motion for Contempt and for Other Relief.
1. The U.S. Trustee filed a Motion for Contempt, Docket #38, on September 26, 2011. On October 31, 2011 the Court entered an Order Finding Vernon C. Taylor in Contempt and for Further Proceedings, Docket #40.
2. Further proceedings were held, including evidentiary hearings most recently on October 15, 2012 and continued to January 28, 2013.
3. After the January 28, 2013 hearing, the United States Trustee submitted Proposed Findings of Fact and Conclusions of Law.
4. The United States Trustee asserted that Vernon Taylor had violated the Bankruptcy Court's Order and that the Bankruptcy Court should refer the matter to the District Court with a Report and Recommendation that Taylor be found in and sanctioned for Contempt, including Criminal Contempt.
5. The Bankruptcy Court had the matter under advisement at the time the parties entered into this settlement.
6. As part of the Settlement, the parties have agreed to:
a. Stipulated Findings of Fact and Conclusions of Law,
b. Ask the Bankruptcy Court to request that the District Court withdraw the reference of this case to the Bankruptcy Court so that an Order encompassing the Settlement Agreement can be entered by the Federal District Court with broad powers to enforce it, and
c. A mechanism where subsequent proceedings, if necessary, can be adjudicated in the Bankruptcy Court and have a binding effect in and the powers of the District Court.
7. The Settlement Agreement contains numerous dependent provisions, all in anticipation that the Agreement will ultimately be approved by the District Court. If the District Court does not approve the Agreement, neither party is bound to any of the provisions in it unless a subsequent modified agreement is reached.
NOW, THEREFORE
IT IS ORDERED that that the Settlement agreement entered into by Vernon Taylor and the United States Trustee on April 29, 2013 is approved by this Court.
IT IS FURTHER ORDERED that this Court will recommend to the United States District Court for the Eastern District of Michigan that it withdraw the reference of this case to the Bankruptcy Court for the purpose of entering the proposed District Court Order which is attached to the Parties' Settlement Agreement, so that it may be enforced by a Judge of the District Court according to its terms.
IT IS FURTHER ORDERED that the Proposed Findings of Fact and Conclusions of Law submitted by the United States Trustee on February 19, 2013, Docket #92, except for paragraphs 32 and 38, are adopted by this Court; and constitute its Findings of Fact and Conclusions of Law.
IT IS FURTHER ORDERED that Vernon Taylor is in Contempt of this Court's Prior Orders,
a. The Consent Judgment entered on November 8, 2007, Docket #18, and
b. The Order Finding Vernon C. Taylor in Contempt and for Further Proceedings, Docket #40, entered on October 31, 2011.
IT IS FURTHER ORDERED that the Sanctions, agreed to by the parties and anticipated to be approved by the District Court, are:
1. That Orders identified above will become Orders of the Federal District Court.
2. That Vernon Taylor shall electronically submit a monthly statement to the United States Trustee reporting:
a. Whether he is still working for Ray Richards,
b. Whether he has earned any money other than under the employment of Ray Richards,
c. How he has earned other money, and
d. How much he has earned.
The Statement shall be sent by email to Paul.Randel@usdoj.gov and Karen.Riggs@usdoj.gov unless Taylor is notified of a different email address.
3. That Vernon Taylor shall pay $100.00 on the first business day of each month beginning on May 1, 2013, by delivering certified funds to the United States Trustee , made out to the following Debtors:
+------------------------------------------------+ ¦Case Name ¦Case No. ¦Amount Owed ¦ +-----------------------+----------+-------------¦ ¦1. Arlene Johnson ¦08-44522 ¦$ 2,000.00 ¦ +-----------------------+----------+-------------¦ ¦2. Cato Johnson ¦08-43139 ¦$ 2,000.00 ¦ +-----------------------+----------+-------------¦ ¦3. Kelly Vaughn ¦08-40824 ¦$ 2,000.00 ¦ +-----------------------+----------+-------------¦ ¦4. Kelly Vaughn ¦08-42578 ¦$ 2,000.00 ¦ +-----------------------+----------+-------------¦ ¦5. Delmar Williams ¦08-48460 ¦$ 2,000.00 ¦ +-----------------------+----------+-------------¦ ¦6. Vonzella Johnson ¦08-48461 ¦$ 2,000.00 ¦ +-----------------------+----------+-------------¦ ¦7 Algernon Bell ¦08-48978 ¦$ 2,000.00 ¦ +-----------------------+----------+-------------¦ ¦8. Latonya Wright ¦08-51580 ¦$ 2,000.00 ¦ +-----------------------+----------+-------------¦ ¦9. Rochelle K. Collins ¦10-63595 ¦$ 2,000.00 ¦ +-----------------------+----------+-------------¦ ¦10. Raquel Johnson ¦11-44555 ¦$ 2,500.00 ¦ +-----------------------+----------+-------------¦ ¦11. Celina D. Cason ¦11-41480 ¦$ 2,000.00 ¦ +-----------------------+----------+-------------¦ ¦12. Melinda Young ¦11-43176 ¦$ 2,000.00 ¦ +-----------------------+----------+-------------¦ ¦13. Joslynn T. Woodard ¦11-49530 ¦$ 2,000.00 ¦ +-----------------------+----------+-------------¦ ¦14. Tajuana R. Robinson¦11-42370 ¦$ 2,000.00 ¦ +-----------------------+----------+-------------¦ ¦15. Kimberly L Gill ¦11-50124 ¦$ 2,000.00 ¦ +-----------------------+----------+-------------¦ ¦16. Portia M. Smith ¦11-53566 ¦$ 2,000.00 ¦ +-----------------------+----------+-------------¦ ¦17. Phillip P. Harris ¦12-40177 ¦$ 2,000.00 ¦ +-----------------------+----------+-------------¦ ¦18. Priscilla A. Dixon ¦12-40521 ¦$ 2,000.00 ¦ +-----------------------+----------+-------------¦ ¦19. Tamara M. Ingram ¦12-40042 ¦$ 2,000.00 ¦ +-----------------------+----------+-------------¦ ¦ ¦TOTAL ¦$ 38,500.00 ¦ +------------------------------------------------+
The payments will be made payable to each Debtor, beginning with No. 1, on a rotating and continuing basis until each of the Debtors has been paid in full.
4. That Vernon C. Taylor shall appear at the Office of the United States Trustee on a mutually agreed upon date for a deposition in six to nine months.
5. That if it is alleged that Vernon Taylor has violated the permanent injunction by any action since the date of his last Deposition, November 15, 2012, or has violated any other terms of the Federal District Court Order, after entry of an Order by the Federal District Court, he will be subject to further contempt proceedings in the Federal District Court. As part of those proceedings:
a. The Federal District Court may use any and remedies available to it, especially those remedies which may not be available to Courts established under Article I of the United States Constitution, and
b. The Federal District Court may refer the matter to the Bankruptcy court for findings of fact and conclusions of law, which will be binding on the parties for all purposes, especially the imposition of a remedy by the Federal District Court.
6. Ray Richards' representation of Vernon Taylor will terminate thirty days after entry of the Federal District Court Order unless it is terminated earlier by proper procedure or extended by a new agreement. After that date, unless Taylor is represented by counsel, service on Vernon Taylor will be accomplished by first class mail to: Vernon Taylor, 16878 Glastonbury Road, Detroit, MI 48219. In re: DANIELL GUTHRIE, Debtor.
Case No. 07-58703-TJT
Chapter 7
HON. THOMAS J. TUCKER
ORDER RESOLVING
UNITED STATES TRUSTEE'S MOTION FOR CONTEMPT
AND FOR OTHER RELIEF AND SETTING PAYMENT SCHEDULE
This matter came before the Court after it withdrew the reference of this matter to the Bankruptcy Court. This Court withdrew the reference on the recommendation of the Bankruptcy Court. That recommendation was made specifically so this Order could be entered in this Court rather than the Bankruptcy Court; and could be enforced by this Court because of its broader powers.
This Order is entered on the stipulation of the United States Trustee and Vernon Taylor, a Bankruptcy Petition Preparer, by their respective counsel.
IT IS ORDERED that:
1. The Settlement Agreement entered into by Vernon Taylor and the United States Trustee, filed in Bankruptcy Case No. 07-58703-TJT, Docket # __, is adopted by this Court and the parties are bound by its terms per their agreement.
2. The permanent injunctions entered by the Bankruptcy Court in Bankruptcy Case No. 07-58703-TJT are adopted by this Court and are now Orders and Injunctions of this Court; and enforceable by this Court and its broader powers. They are,
a. The Consent Judgment entered on November 8, 2007, Docket 18, and
b. The Order Finding Vernon C. Taylor in Contempt and for Further Proceedings, Docket #40, entered on October 31, 2011.
3. The Proposed Findings of Fact and Conclusions of Law submitted by the United States Trustee on February 19, 2013, Docket #92 in Bankruptcy Case No. 07-58703-TJT, except for paragraphs 32 and 38, are adopted by this Court as its Finding of Fact and Conclusions of Law.
4. Vernon Taylor shall pay $100.00 on the first business day of each month beginning on May 1, 2013, by delivering certified funds to the United States Trustee, made out to the following Debtors:
+------------------------------------------------+ ¦Case Name ¦Case No. ¦Amount Owed ¦ +-----------------------+----------+-------------¦ ¦1. Arlene Johnson ¦08-44522 ¦$ 2,000.00 ¦ +-----------------------+----------+-------------¦ ¦2. Cato Johnson ¦08-43139 ¦$ 2,000.00 ¦ +-----------------------+----------+-------------¦ ¦3. Kelly Vaughn ¦08-40824 ¦$ 2,000.00 ¦ +-----------------------+----------+-------------¦ ¦4. Kelly Vaughn ¦08-42578 ¦$ 2,000.00 ¦ +-----------------------+----------+-------------¦ ¦5. Delmar Williams ¦08-48460 ¦$ 2,000.00 ¦ +-----------------------+----------+-------------¦ ¦6. Vonzella Johnson ¦08-48461 ¦$ 2,000.00 ¦ +-----------------------+----------+-------------¦ ¦7. Algernon Bell ¦08-48978 ¦$ 2,000.00 ¦ +-----------------------+----------+-------------¦ ¦8. Latonya Wright ¦08-51580 ¦$ 2,000.00 ¦ +-----------------------+----------+-------------¦ ¦9. Rochelle K. Collins ¦10-63595 ¦$ 2,000.00 ¦ +-----------------------+----------+-------------¦ ¦10. Raquel Johnson ¦11-44555 ¦$ 2,500.00 ¦ +-----------------------+----------+-------------¦ ¦11. Celina D. Cason ¦11-41480 ¦$ 2,000.00 ¦ +-----------------------+----------+-------------¦ ¦12. Melinda Young ¦11-43176 ¦$ 2,000.00 ¦ +-----------------------+----------+-------------¦ ¦13. Joslynn T. Woodard ¦11-49530 ¦$ 2,000.00 ¦ +-----------------------+----------+-------------¦ ¦14. Tajuana R. Robinson¦11-42370 ¦$ 2,000.00 ¦ +-----------------------+----------+-------------¦ ¦15. Kimberly L Gill ¦11-50124 ¦$ 2,000.00 ¦ +-----------------------+----------+-------------¦ ¦16. Portia M. Smith ¦11-53566 ¦$ 2,000.00 ¦ +-----------------------+----------+-------------¦ ¦17. Phillip P. Harris ¦12-40177 ¦$ 2,000.00 ¦ +-----------------------+----------+-------------¦ ¦18. Priscilla A. Dixon ¦12-40521 ¦$ 2,000.00 ¦ +-----------------------+----------+-------------¦ ¦19. Tamara M. Ingram ¦12-40042 ¦$ 2,000.00 ¦ +-----------------------+----------+-------------¦ ¦ ¦TOTAL ¦$ 38,500.00 ¦ +------------------------------------------------+
5. The payments will be made payable to each Debtor, beginning with No. 1, on a rotating and continuing basis until each of the Debtors has been paid in full. The obligation to pay will begin or began on May 1, 2013 and continues each month thereafter.
6. Vernon Taylor shall electronically submit a monthly statement to the United States Trustee reporting:
a. Whether he is still working for Ray Richards,
b. Whether he has earned any money other than under the employment of Ray Richards,
c. How he has earned other money, and
d. How much he has earned.
7. The Statement shall be sent by email to Paul.Randel@usdoj.gov and Karen.Riggs@usdoj.gov unless Taylor is notified of a different email address.
8. Vernon C. Taylor shall appear at the Office of the United States Trustee on a mutually agreed upon date for a deposition in six to nine months.
9. This Court may, without consulting the parties because they have already agreed, assign the litigation of any disputes regarding compliance with this Order to the Bankruptcy Court for Findings of Fact and Conclusions of Law. Also by agreement of the parties, those Findings and Conclusions will be binding on them and this Court may rely on them as if made in this Court when deciding what, if any, remedies to impose. This Court will have all remedies available to it that are available to Federal Courts established under Article III of the United States Constitution and will not be limited in any way because this matter originated in the Bankruptcy Court.
10. Ray Richards' representation of Vernon Taylor will terminate thirty days after entry of this Order unless it is terminated earlier by proper procedure or extended by a new agreement. After that date, unless Taylor is represented by counsel, service on Vernon Taylor will be accomplished by first class mail to: Vernon Taylor, 16878 Glastonbury Road, Detroit, MI 48219. In re: DANIELL GUTHRIE, Debtor.
Case No. 07-58703-TJT
Chapter 7
HON. THOMAS J. TUCKER
UNITED STATES TRUSTEE'S PROPOSED FINDINGS OF FACT
AND CONCLUSIONS OF LAW IN SUPPORT OF HIS REQUEST THAT
VERNON TAYLOR BE INCARCERATED FOR HIS CONTEMPT
Daniel M. McDermott, United States Trustee, submits,
Proposed Findings of Fact
1. On November 8, 2007, the Court entered a Consent Judgment For Injunctive Relief. (Docket #18) This Order stated:
CONSENT JUDGMENT FOR INJUNCTIVE RELIEF
THIS MATTER came before the Court on the stipulation between the United States Trustee and Vernon C. Taylor, Bankruptcy Petition Preparer, filed November 7, 2007 (Docket # 17). The United States Trustee contacted Vernon C. Taylor seeking an injunction from the preparation of bankruptcy petitions for compensation. These parties have agreed to the entry of this consent judgment. The Court is otherwise fully advised in this matter.
NOW, THEREFORE,
IT IS ORDERED that Vernon C. Taylor is hereby permanently enjoined from the preparation of Bankruptcy Petitions for compensation.
IT IS FURTHER ORDERED that Vernon C. Taylor shall cease advertising services as a Bankruptcy Petition Preparer and remove any pending advertisements for such services.
IT IS FURTHER ORDERED that this Order does not prohibit Vernon C. Taylor from working under the supervision of an attorney as permitted under 11 U.S.C. § 110(a)(1).
2. On July 30, 2008, the Court entered its Order Finding Vernon C. Taylor in Contempt and for Further Proceedings. (Docket # 28). This Order stated:
ORDER FINDING VERNON C. TAYLOR
IN CONTEMPT AND FOR FURTHER PROCEEDINGS
THIS MATTER came before the Court upon the United States Trustee's Motion for Contempt and Other Relief (Docket # 26, the "Motion"). The Motion was properly served on Vernon C. Taylor and filed with the Court, and Vernon C. Taylor did not file any response, timely or otherwise. The Court is otherwise fully advised in the premises;
NOW, THEREFORE,
IT IS ORDERED as follows:
A. Vernon C. Taylor is in contempt for violation of the November 8, 2007 Order of the Bankruptcy Court enjoining him from preparing petitions for compensation.
B. Vernon C. Taylor shall disgorge the total amount of $2,000 to the Debtor(s) in each of the following cases:
i. Arlene Johnson, Case No. 08-44522-MBM, filed February 27, 2008;C. Vernon C. Taylor shall pay a fine totaling $5,000 to the Clerk of the Court.
ii. Cato Johnson, Case No. 08-43139-WSd, filed February 12, 2008;
iii. Kelly Vaughn, Case No. 08-40824-MBM, filed January 14, 2008;
iv. Kelly Vaughn, Case No. 08-42578-MBM, filed February 5, 2008;
v. Delmar Williams, Case No. 08-48460-MBM, filed April 8, 2008;
vi. Vonzella Johnson, Case No. 08-48461-TJT, filed April 8, 2008;
vii. Algernon Bell, Case No. 08-48978-MBM, filed April 14, 2008; and
viii. Latonya Wright, Case No. 08-51580-WSd, filed May 12, 2008.
D. Vernon C. Taylor shall pay costs to the United States Trustee for bringing this motion in the amount of $3,000.00.
E. Except for pleadings in this case, the Clerk of the Court is authorized to refuse future filings presented by Vernon C. Taylor on behalf of debtors other than himself.
F. Taylor must file an affidavit or declaration under penalty of perjury, in this case, with a copy to the United States Trustee, verifying his payment of all funds identified above, within 14 days after service upon him of this Order.
G. If Taylor fails to comply in any way with any provision of this Order, the United States Trustee may file a motion seeking appropriate relief.
H. This Court retains jurisdiction of this matter to consider any failure to comply with this Order, and will if necessary consider any additional remedies, including but not limited to, referral to the United States District Court for criminal contempt proceedings.
3. On October 31, 2011, the Court entered its Order Finding Vernon C. Taylor in Further Contempt and for Further Proceedings. (Docket #40). It provides,
ORDER FINDING VERNON C. TAYLOR IN
FURTHER CONTEMPT AND FOR FURTHER PROCEEDINGS
THIS MATTER came before the Court upon the motion filed September 26, 2011, entitled "United States Trustee's Motion to Find Vernon Taylor in Further Contempt and for Other Relief" (Docket # 38, the "Motion"). The Motion was properly served on Vernon C. Taylor, and Vernon C. Taylor did not file any response to the Motion, timely or otherwise. The Court is otherwise fully advised in the premises;
IT IS ORDERED as follows:
I. Vernon C. Taylor is in contempt for his violations of the following orders:
i. Consent Judgment for Injunctive Relief, filed in this case on November 8, 2007 (Docket # 18); andII. Vernon C. Taylor is permanently enjoined from providing Bankruptcy Assistance to Assisted Persons as those terms are defined in 11 U.S.C. § 101, whether paid or unpaid.
ii. Order Finding Vernon C. Taylor in Contempt and for Further Proceedings, filed July 30, 2008 (Docket # 28).
III. Vernon C. Taylor must appear before this Court on Wednesday, November 16, 2011 at 1:30 p.m. to report his activities and his progress toward complying with all requirements and sanctions.
IV. At the hearing, the Court may establish future hearing dates and will require Taylor's attendance for the same purposes.
V. At the hearing, Vernon C. Taylor must appear before this Court and show cause why he should not be incarcerated for his contempt.
VI. At the hearing, the Court will consider other financial sanctions.
4. On August 27, 2012, and subsequent dates, the Court conducted an Evidentiary Hearing.
5. The evidence at that hearing consisted of three live witnesses and 15 admitted exhibits. Sixteen exhibits were marked but Exhibit 13 was neither offered nor received into evidence.
6. The evidence also includes the docket in this case and the transcripts of prior hearings, specifically a non-evidentiary hearing held on February 1, 2012. The Transcript is attached to the United States Trustee's Proposed Findings of Fact and Conclusions of Law as Exhibit A.
I. ALLEGATIONS OF VIOLATIONS OF INJUNCTIONS
7. The United States Trustee contends that Exhibit 1 and the testimony of Karen Riggs establish that Vernon Taylor prepared the Bankruptcy case of John H. Payne IV, Case No. 11-49617. Specifically, the United States Trustee asserts that pages 1, 3, 14, and 34 have identifying characteristics that prove Vernon Taylor prepared John Payne's Bankruptcy Documents.
8. The United States Trustee contends that the testimony of Karen Riggs establishes that the following characteristics made Vernon Taylor's involvement in cases prior to the Trial in John Payne's case so readily identifiable:
a. The use of copyrighted Best Case Software,
b. Default language created by the Best Case Software, "Debtor not represented by attorney," on the Petition's signature page,
c. Best Case Software copyright information that was "whited out" or otherwise deleted from the first page of Schedule F, and
d. The inclusion of a "Verification of Creditor Matrix" form created by Best Case Software for some of its clients in other districts that is neither an official bankruptcy form nor a required form in this Federal District.
9. The United States Trustee contends that Exhibit 2 and the testimony of Karen Riggs establish that,
a. Vernon Taylor prepared the Bankruptcy case of Robert L. Colvin, Case No. 11-71674, on or about December 14, 2011,
b. That this is another example of Vernon Taylor's work,
c. That the work was done prior to the John Payne trial, and
d. That pages 1, 3, 13 and 31 have the identifying characteristics that prove Vernon Taylor prepared Robert Colvin's Bankruptcy Documents in the same manner in which he prepared John Payne's.
10. The United States Trustee contends that testimony of Karen Riggs establishes that,
a. This Court held a trial in the case of the John H. Payne IV on December 20, 2011, and
b. That Ms. Riggs testified at that trial and revealed the characteristics that made Vernon Taylor's work so readily identifiable.
11. The United States Trustee contends that Ray Richards first appeared as counsel on Taylor's behalf on November 16, 2011.
12. The United States Trustee contends that, according to statements made by Ray Richards on February 1, 2012, he believed that his involvement had stopped Vernon Taylor from assisting other Debtors, and would continue to prevent Taylor from assisting other Debtors. Transcript of non-evidentiary hearing held February 1, 2012,
a. Page 4, Line 13 through Page 5, Line 1,
b. Page 8, Lines 2 through 8,
c. Page 11, Line 8 through Page 12, Line 2, and
d. Page 13, Lines 6 through 9.
13. The United States Trustee contends that, according to Ray Richards, Vernon Taylor started working for him during the first or second week of December, 2011. Transcript of non-evidentiary hearing held February 1, 2012, Page 8, Lines 11 through 16.
14. The United States Trustee contends that Exhibit 16, this Court's "Order Requiring Debtor's Bankruptcy Petition Preparer to Return Payment to Debtor, Pay Costs to The United States Trustee and Pay a Fine to The Court" (Docket #50 in Case No. 11-72753-tjt), establishes that Vernon Taylor prepared Ells J. Davis's bankruptcy documents, shortly after he started working for Ray Richards.
15. The United States Trustee contends that Exhibit 3 and the testimony of Karen Riggs establish that,
a. Vernon Taylor prepared the Bankruptcy case of Ella J. Davis on or about December 30, 2011, shortly after he started working for Ray Richards,
b. That this is another example of Vernon Taylor's work,
c. That the work was done after the John Payne trial and Ms. Riggs' testimony about the identifying characteristics,
d. That the Best Case Software default language on the Petition's signature page, the most readily understandable of the identifying characteristics, was removed in an apparent effort to hide Vernon Taylor's involvement, and
e. That the other identifying characteristics that prove Vernon Taylor prepared this case remain, specifically on pages 1, 14 and 38, and
f. That this case occurred after Taylor had starting working with Ray Richards and demonstrates that even Richards is incapable of preventing Taylor from continuing his ongoing violations.
16. The United States Trustee contends that Exhibit 4 and the testimony of Karen Riggs establish that,
a. Vernon Taylor prepared the Bankruptcy case of Tamara M. Ingram, Case No. 12-40042-tjt, on or about December 28, 2011, after he started working for Ray Richards,
b. That this is another example of Vernon Taylor's work,
c. That the work was done after the John Payne trial and Ms. Riggs' testimony about the identifying characteristics,
d. That the Best Case Software default language on the Petition's signature page, the most readily understandable of the identifying characteristics, was removed in an apparent effort to hide Vernon Taylor's involvement,
e. That the other identifying characteristics that prove Vernon Taylor prepared this case remain, specifically on pages 1, 13 and 33, and
f. That this case occurred after Taylor had starting working with Ray Richards and demonstrates that even Richards is incapable of preventing Taylor from continuing his ongoing violations.
17. The United States Trustee contends that Exhibit 14, the "Order Requiring Debtor's Bankruptcy Petition Preparer to Return Payment to Debtor, Pay Costs to The United States Trustee and Pay a Fine to The Court" (Docket #22 in Case No. 12-40177-pjs), establishes that Vernon Taylor prepared Phillip P. Harris's bankruptcy documents.
18. The United States Trustee contends that Exhibit 5 and the testimony of Karen Riggs establish that,
a. Vernon Taylor prepared the Bankruptcy case of Philip Harris on or about January 5, 2012, after he started working for Ray Richards,
b. That this is another example of Vernon Taylor's work,
c. That the work was done after the John Payne trial and Ms. Riggs' testimony about the identifying characteristics,
d. That the Best Case Software default language on the Petition's signature page, the most readily understandable of the identifying characteristics, was removed in an apparent effort to hide Vernon Taylor's involvement,
e. That the other identifying characteristics that prove Vernon Taylor prepared this case remain, specifically on pages 1, 13 and 32, and
f. That this case occurred after Taylor had starting working with Ray Richards and demonstrates that even Richards is incapable of preventing Taylor from continuing his ongoing violations.
19. The United States Trustee contends that Exhibit 6 and the testimony of Karen Riggs establish that,
a. Vernon Taylor prepared the Bankruptcy case of Ray E. Richards, Case No. 12-40513 on or about January 10, 2012,
b. That Ray Richards is an attorney practicing bankruptcy law and Vernon Taylor's employer,
c. That this is another example of Vernon Taylor's work,
d. That the work was done after the John Payne trial and Ms. Riggs' testimony about the identifying characteristics,
e. That the Best Case Software default language on the Petition's signature page, the most readily understandable of the identifying characteristics, was removed,
f. That the other identifying characteristics that prove Vernon Taylor prepared this case remain, specifically on pages 1, 13 and 36, and
g. While assisting his employer may not violate the injunctions, Taylor still prepared the schedules in the same manner as he did in his other cases.
20. The United States Trustee contends that the testimony of Priscilla Dixon and Exhibit 15, the "Order Requiring Debtor's Bankruptcy Petition Preparer to Return Payment to Debtor, Pay Costs to The United States Trustee and Pay a Fine to The Court"(Docket #27 in Case No. 12-40521-mbm), establishes that Vernon Taylor prepared Priscilla Dixon's Bankruptcy documents.
21. The United States Trustee contends that Exhibit 8, a receipt for paid services from Vernon Taylor, and the testimony of Priscilla Dixon establish that that Dixon paid Taylor $200 for bankruptcy assistance on January 8, 2012, well after Ray Richards asserted he would be able to stop Taylor from violating the injunctions.
22. The United States Trustee contends that Exhibit 7, the testimony of Priscilla Dixon and the testimony of Karen Riggs establish that,
a. Vernon Taylor prepared the Bankruptcy case of Priscilla Dixon on or about January 9, 2012,
b. That this is another example of Vernon Taylor's work,
c. That the work was done after the John Payne trial and Ms. Riggs' testimony about the identifying characteristics,
d. That the Best Case Software default language on the Petition's signature page, the most readily understandable of the identifying characteristics, was removed in an apparent effort to hide Vernon Taylor's involvement,
e. That the other identifying characteristics that prove Vernon Taylor prepared this case remain, specifically on pages 1, 13 and 36, and
f. That this case occurred after Taylor had starting working with Ray Richards and demonstrates that even Richards is incapable of preventing Taylor from continuing his ongoing violations.
23. The United States Trustee contends that Exhibit 9 and the testimony of Karen Riggs establish that,
a. Vernon Taylor prepared the Bankruptcy case of Javanna N. Bradley, Case No. 12-41464-pjs, on or about January 19, 2012,
b. That this is another example of Vernon Taylor's work,
c. That the work was done after the John Payne trial and Ms. Riggs' testimony about the identifying characteristics,
d. That the Best Case Software default language on the Petition's signature page, the most readily understandable of the identifying characteristics, was removed in an apparent effort to hide Vernon Taylor's involvement,
e. That the other identifying characteristics that prove Vernon Taylor prepared this case remain, specifically on pages 1, 15 and 38, and
f. That this case occurred after Taylor had starting working with Ray Richards, demonstrating that even Richards is incapable of preventing Taylor from continuing his ongoing violations.
24. The United States Trustee contends that Exhibit 10 and the testimony of Karen Riggs establish that,
a. Ray Richards is the attorney of record in the case of Candace Culbreath, Case No. 12-42418-tjt, filed on February 3, 2012, at a time Vernon Taylor was working for Ray Richards, and
b. That the schedules were prepared in the same way as Vernon Taylor's other cases because the identifying characteristics remain, specifically on pages 1, 13 and 36.
25. The United States Trustee contends that Vernon Taylor was present in Court on February 1, 2012, when Ray Richards, as described above, stated his personal opinion that his involvement had stopped Vernon Taylor from violating the injunctions. Transcript of non-evidentiary hearing held February 1, 2012, Page 2, Lines 11 and 12.
26. The United States Trustee contends that Exhibit 11 and the testimony of Karen Riggs establish that,
a. Vernon Taylor prepared the Bankruptcy case of Brenda L. Edwards, Case No. 12-42779-wsd, on or about February 4, 2012,
b. That this is another example of Vernon Taylor's work,
c. That the work was done after the John Payne trial and Ms. Riggs' testimony about the identifying characteristics,
d. That the Best Case Software default language on the Petition's signature page, the most readily understandable of the identifying characteristics, was removed in an apparent effort to hide Vernon Taylor's involvement,
e. That the other identifying characteristics that prove Vernon Taylor prepared this case remain, specifically on pages 1, 14 and 32,
f. That this case occurred after Taylor had starting working with Ray Richards and after he had worked on cases that were filed by Ray Richards, demonstrating that even Richards is incapable of preventing Taylor from continuing his ongoing violations, and
g. Taylor had the Debtor sign these documents ONLY THREE DAYS after sitting in Court as Richards argued that Taylor had been obeying the injunctions for roughly a year or more.
27. The United States Trustee contends that Exhibit 12 and the testimony of Karen Riggs establish that,
a. Vernon Taylor prepared the Bankruptcy case of Lakisha R. Elledge, Case No. 12-43967-wsd, on or about February 3, 2012,
b. That this is another example of Vernon Taylor's work,
c. That the work was done after the John Payne trial and Ms. Riggs' testimony about the identifying characteristics,
d. That the Best Case Software default language on the Petition's signature page, the most readily understandable of the identifying characteristics, was removed in an apparent effort to hide Vernon Taylor's involvement,
e. That the other identifying characteristics that prove Vernon Taylor prepared this case remain, specifically on pages 1, 13 and 39,
f. That this case occurred after Taylor had starting working with Ray Richards and after he had worked on cases that were filed by Ray Richards, demonstrating that even Richards is incapable of preventing Taylor from continuing his ongoing violations, and
g. Taylor had the Debtor sign these documents ONLY TWO DAYS after sitting in Court as Richards argued that Taylor had been obeying the injunctions for roughly a year or more.
28. The United States Trustee contends that all of the evidence, taken as a whole, establishes that Taylor has continually prepared bankruptcy petitions and documents, undeterred by all other sanctions, and undeterred by his representation by or involvement with counsel.
29. The testimony and exhibits fully establish the facts that the United States Trustee has alleged, and the Court so finds.
Conclusions of Law
30. 18 U.S.C. § 401(3) states, "A court of the United States shall have power to punish by fine or imprisonment, or both, at its discretion, such contempt of its authority, and none other, as-. . . (3) Disobedience or resistance to its lawful writ, process, order, rule, decree, or command."
31. Vernon Taylor is in contempt of this Court's orders in each of the ways alleged by the United States Trustee and found herein by the Court.
32. Criminal contempt proceedings are therefore warranted and recommended against Vernon Taylor.
II. ALLEGATIONS OF VIOLATIONS OF PAYMENT OBLIGATIONS
33. The United States Trustee asserts that,
a. On February 1, 2012, Ray Richards in his representative capacity, conceded that Vernon Taylor had not fulfilled any of the payment obligations imposed by the Court in its Orders in this case. Transcript of non-evidentiary hearing held February 1, 2012, Page 15, Line 9 through Page 18, Line 24.
b. The Orders require that if Vernon Taylor makes any payments he certify the payments to the Court,
c. Taylor has never certified any payments in satisfaction of any of the financial obligations in this case, and
d. The above three facts establish that Vernon Taylor has not fulfilled his payment obligations under this Court's Orders.
34. The United States Trustee asserts that Vernon Taylor did not produce any evidence to justify his failure to pay and is therefore in violation of this Court's Orders.
35. The testimony and exhibits fully establish the facts that the United States Trustee has alleged, and the Court so finds.
Conclusions of Law
36. 18 U.S.C. § 401(3) states, "A court of the United States shall have power to punish by fine or imprisonment, or both, at its discretion, such contempt of its authority, and none other, as-. . . (3) Disobedience or resistance to its lawful writ, process, order, rule, decree, or command."
37. Vernon Taylor is in contempt of this Court's orders in each of the ways alleged by the United States Trustee and found herein by the Court.
38. Criminal contempt proceedings are therefore warranted and recommended against Vernon Taylor.
Respectfully submitted,
DANIEL M. McDERMOTT
UNITED STATES TRUSTEE
Region 9
By Paul J. Randel (P58419)
Paul.Randel@usdoj.gov
Trial Attorney
Office of the U.S. Trustee
211 West Fort St - Suite 700
Detroit, Michigan 48226
(313) 226-4541