Attorney-at-Law

A TRUE ROUNDER

In Uncategorized on 04/20/2015 at 13:27

Ordinarily, I use the term “rounder” to refer to a Tax Court litigator (usually pro se) who is seeking frequent litigator miles, generally (I love that word; don’t you?) repeatedly asserting frivolities, and off whose back flow the 6702s and the 6673s as water off a duck’s cliché.

But today The Great Dissenter, a/k/a The Judge Who Writes Like a Human Being, s/a/k/a The Inveterate, Implacable, Irrefragible, Indefatigable, Illustrious, Irrefutable Foe of the Partitive Genitive, Judge Mark V. Holmes, has a new candidate for roundership (or rounderhood). And she’s a Bankruptcy Court customer.

The order in question (though it really doesn’t order much of anything) is Keith W. Pillich, et al., Docket No. 12002-14, filed 4/20/15, but it’s not to do with Keith. Rather, it’s to do with Mama Marsha Pillich, who has her own Docket No. 21577-14.

Judge Holmes unconsolidates Mama Marsha from the rest of la famille Pillich, but leaves Mama Marsha’s fate in the hands of no less than “U.S. government in its role as a potential creditor.” Order, at p. 2.

As this is, and shall remain resolutely, a non-political blog, I shall not remark on the prospects of the U. S. Government, whether in its role as a potential creditor or otherwise, accomplishing anything useful.

Returning to Mama Marsha’s claim to roundership, “Mrs. Pillich had filed for bankruptcy on April 6, 2015. See case no. 1-15- 10652 (Bankr. WDNY April 6, 2015). That means that the automatic stay is in effect for her and we must suspend her case; it also means that we will sever it from the consolidated group.” Order, at p. 1.

Nothing extraordinary here, so why am I telling you all this?

I’ll let Judge Holmes tell you.

“But her bankruptcy filing is a bit unusual in that it is the eleventh time that she has filed a chapter 13 bankruptcy petition in the last 10 years. In each and every one of those ten cases the Bankruptcy Court ended up dismissing her case for failure to prosecute or on her own motion. The pattern in these cases is for Ms. Pillich to file a petition but few or none of the detailed supporting schedules now usually required of bankruptcy petitioners when they file. The Bankruptcy Court or a creditor usually notices and after a few months (though in one case it took eleven) her case is dismissed without any benefit of discharge.” Order, at p. 1. (Footnote omitted).

Nothing like a TRO (that’s a temporary restraining order, or injunction) in Federal Court without having to show irreparable harm or likelihood of success, and making anything more than a minimal filing in support.

Judge Holmes again.

“The effect of these serial filings is that since December 14, 2005 Mrs. Pillich has been protected by the automatic stay for approximately 44 of 112 months — all without ever moving very far ahead in any particular case. A check of the Bankruptcy Court’s docket shows that this pattern seems to be recurring, as seen by its sending her a bankruptcy document called a ‘notice of deficiency.’ (Do not confuse this with tax law’s notice of deficiency — in bankruptcy jargon, such a notice is a form listing the missing documents that should have accompanied a bankruptcy petition.)

“What, if anything, to do about this is up to the U.S. government in its role as a potential creditor.” Order, at pp. 1-2.

Might want to check out Fed. R. Bankr. P. Section 9011(a) and Section 9011(c), potential creditor.

Meantime, Mama Marsha is a definitely going before the Taishoff promotion board as candidate for Rounder, First Class, Bankruptcy Division.

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