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Nifong off the hook for now
http://abclocal.go.com/wtvd/story?section=news/local&id=5921699 ^ | Jan. 29, 2008

Posted on 01/29/2008 11:46:17 AM PST by CondorFlight

DURHAM -- Former Durham district attorney Mike Nifong is off the hook for the time being from any civil lawsuits.

The judge overseeing the Duke Lacrosse lawsuit filed by three exonerated players has put their suit on hold.

(Excerpt) Read more at abclocal.go.com ...


TOPICS: Crime/Corruption; Extended News; News/Current Events
KEYWORDS: abuseofpower; activistcourt; donutwatch; judicialactivism; judicialtyranny; nifongism; politicalwitchhunt

1 posted on 01/29/2008 11:46:18 AM PST by CondorFlight
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To: CondorFlight

Justice delayed is justice denied.


2 posted on 01/29/2008 11:47:00 AM PST by South40 (Amnesty is a slap in the face to the USBP!)
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To: CondorFlight

The Activism Sidebar is for Chapter news. Please make a note of it.


3 posted on 01/29/2008 11:47:27 AM PST by Admin Moderator
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To: CondorFlight

AFAIK, this only exempts Nifong himself from being a defendant in the civil suits; it does not exempt the city of Durham, the Durham police, etc.

And Nifong may be included in the suit again after his bankruptcy case ends.

However, this may stall things nicely; or preclude some depositions being taken.

With North Carolina justice (even if this is in a federal court) one never knows. . .


4 posted on 01/29/2008 11:48:35 AM PST by CondorFlight (I)
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To: CondorFlight

Hmmm...Well Lady Justice is wearing a blindfold because Justice is to be blind. But it appears it’s now arrogant. These young men had their reputations smashed because of the arrogance of an over zealous prosecution of Nifong for pure political gain.
What a shame for them. what a shame for justice.


5 posted on 01/29/2008 11:50:08 AM PST by lexington minuteman 1775
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To: South40

Not necessarily. If they get a judgment before he files bankruptcy that judgment could be included and discharged in Nifong’s bankruptcy. As unsecured creditors, they’d get nothing and couldn’t pursue him any further.

However delaying this until after Nifong’s bankruptcy is completed means they can pursue him and seize any remaining assets he has or will get in the future.

The beauty of this is Nifong will have already had his bankruptcy discharged and cannot seek further protection from the courts for another seven years.


6 posted on 01/29/2008 11:53:58 AM PST by Emperor Palpatine ("There is no civility, only politics.")
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To: Emperor Palpatine

Its a shame any way you look at it.


7 posted on 01/29/2008 11:59:25 AM PST by Eric in the Ozarks (ENERGY CRISIS made in Washington D. C.)
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To: South40
No...No....No....It's just the good ole boy Hunt - Easley Black - Blue - Thomas Wright pick a judge in NC Democratic machine working like it's always has.

In 1997, Carolina Journal led the way in uncovering a secret $21 million slush fund used by legislative leaders to reward political allies and distribute pork, often in violation of law. Now, the practice has returned to Raleigh big-time — and CJ is hard at work uncovering abuses of law and the public interest.

Some of this stuff is changing slowing but, from 2 years ago:

DOT Slush Funds Remain Active Projects still being charged to accounts of Black and Basnight

By Don Carrington

September 19, 2005

RALEIGH — N.C. Department of Transportation Secretary Lyndo Tippett continues to maintain a slush fund of $5 million for House Speaker Jim Black and Senate President Pro Tem Marc Basnight in the wake of a controversy that erupted when the practice was exposed in March.

A spreadsheet maintained in the office of DOT Chief Engineer W. S. Varnedoe, and obtained Thursday by Carolina Journal, shows that projects submitted by Black and Basnight are still being charged against their respective $5 million accounts. Carolina Journal first reported the accounts in March.

The state budget appropriates $15 million annually for a “contingency fund” with the stipulation that the secretary of transportation shall approve all projects, but Tippett controls only $5 million of this fund. While records show that Tippett does approve the projects submitted by Black and Basnight, his approval appears to be a rubber stamp. The DOT Board of Directors’ approval also appears to be a rubber stamp. DOT has other discretionary funds, including the Small Construction Fund and Spot Safety Fund, but legislative leaders have no control over those.

Maybe taking cue from Chicago to how to run the government.

8 posted on 01/29/2008 12:00:40 PM PST by RSmithOpt (Liberalism: Highway to Hell)
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To: CondorFlight

Hmmm.

Declaring Bankruptcy will get you a stay on litigation against you, and there’s an underlying logic for that, of course.

But what I don’t get is this — Nifong used the amounts claimed as damages by the Duke students, but not “won” against him yet, as liabilities, measured against his assets, to make the claim that he’s bankrupt.

But — those claims haven’t been won or awarded in court. There has not been any trial. So they are not debts or liabilities. They are only potential liabilities.

So — how can the mere existence of potential liabilities allow you to get the protection of Bankruptcy court, and then stay the very court actions where those potential liabilities are at stake?

I’m not saying it’s not “legal”, but I am saying that it makes no sense.


9 posted on 01/29/2008 12:00:42 PM PST by WL-law
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To: CondorFlight

sloppy reporting on the law AGAIN.

This is SOP in all bankrupcy type cases. The “hold” was put in place the nanosecond Nifong filed. There was zero discretion for the state court trial judge.

All Bankruptcy is federal court.


10 posted on 01/29/2008 12:05:50 PM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: WL-law

Well, to answer my own question, the rest of the posted story states that:

.... the move will allow Nifong’s bankruptcy case to move forward. Nifong filed for bankruptcy protection earlier this month, claiming $180 million in liabilities. The civil case judge says the players can pursue their suit against Nifong 90 days after the bankruptcy case is resolved.

So — it all depends on HOW LONG the bankruptcy case takes, and how much it can be gamed. He’s getting a delay/stay, but its not a permanent stay.


11 posted on 01/29/2008 12:07:48 PM PST by WL-law
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To: WL-law

POTENTIAL claims must be listed as much as known claims.

It is so the division of assets can be sorted out and it puts the potintial creditor on notice.

Bankrupcy is all about notice to creditors.

A creditor is free to say, no I am owed nothing, more, nor a different amount. However once the discharge is given, the creditor is done with any claim potential or otherwise.


12 posted on 01/29/2008 12:10:58 PM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Emperor Palpatine

no that is not how it works.

They are now on notice, they have to file a “proof of claim” and if needed an “adversary proceeding” inside the bankrupcty court.

If they do nothing their claim is precluded permanently.

finito.

Keep in mind a creditor who is unknown can cause a case to be reopenened at a later date and dicharged as were all the previous creditors.


13 posted on 01/29/2008 12:16:38 PM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: longtermmemmory

Which is why the three boys should have waited until the last possible minute to file.


14 posted on 01/29/2008 12:22:01 PM PST by Emperor Palpatine ("There is no civility, only politics.")
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To: Emperor Palpatine

no would not have made a difference.

zero
zip

Nifong’s bankrupct lawyer can list the potential claim of unknown value.

Creditors can’t play that game any more than a debtor can by not listing their own potential law suits agaisnt othes. (those are also an asset)


15 posted on 01/29/2008 12:33:07 PM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: longtermmemmory
Re items 10 and 13 -- amazing how much indignation you can lose when someone who actually knows what they are talking about weighs in, instead of a silly reporter/headline writer!!

Well Done.

16 posted on 01/29/2008 12:36:37 PM PST by BohDaThone
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To: Emperor Palpatine

We have a winner. This is the ONLY way those families have a shot at it. If the case went forward prior, they’d get nothing as it would be discharged in the Bankruptcy.


17 posted on 01/29/2008 12:49:47 PM PST by Constitutions Grandchild
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To: Emperor Palpatine

We have a winner. This is the ONLY way those families have a shot at it. If the case went forward prior, they’d get nothing as it would be discharged in the Bankruptcy.


18 posted on 01/29/2008 12:49:57 PM PST by Constitutions Grandchild
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To: longtermmemmory

You’re right. My bad.


19 posted on 01/29/2008 12:52:20 PM PST by Constitutions Grandchild
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To: CondorFlight

Wonder how the judge may be related to Nifong .......


20 posted on 01/29/2008 12:53:19 PM PST by SkyDancer ("There is no distinctly Native American criminal class...save Congress - Mark Twain")
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To: Constitutions Grandchild

no. as long as the boys are listed as creditors or parties with potential claims, then they are on notice of the bankruptcy.

IT DOES NOT MATTER IF A SUIT WAS OR WAS NOT FILED.

Bankrupcy is about notice to creditors of remaining assets, emphasis on NOTICE.

This is not perry mason “surprise” TV lawyering land. Nifon has no attachable assets. His pension is protected.
In the real world there is no point in persuing him.

If they do want to pursue the suit they have to file an adversary proceeding before the bankruptcy court and litigate it in front of the bankrupcy judge as to why it is not a dischargable claim or why the debtor should not be discharged.

playing hide the claim stunts are frowned on by the bankrupcy court and only will cause a judge to sanction the bad faith creditor.


21 posted on 01/29/2008 12:55:16 PM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Constitutions Grandchild

opps my bad I posted my respons before your responsive response.

:-P

The one good thing is Nifong has been locked into a set path. Most likely he will become a deposition asset for the boys in exchange for his Ch 7 discharge.


22 posted on 01/29/2008 12:58:21 PM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: CondorFlight

The bankrupcy and civil lawsuits ought to teach him about running for office at any cost. Now if only the same fate were to happen to Clinton, Inc.


23 posted on 01/29/2008 1:05:50 PM PST by OrioleFan (Republicans believe every day is July 4th, but DemocRATs believe every day is April 15th. - Reagan)
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To: longtermmemmory
"A creditor is free to say, no I am owed nothing, more, nor a different amount. However once the discharge is given, the creditor is done with any claim potential or otherwise."

That's correct, and to be helpful to A.H. Robins in their Chapter 11 some years back, the 4th Circut Ct of App. defined claim very broadly to include anything that arose even partially pre-pitition, whether known or unknown, liquidated or unliquidated. To preserve thier claims, the lacross players will have to either file lawsuits in Nifong's bankruptcy alleging a wilful and malicious injury, in which case they will get a jury trial in the District Court, or they will have to ask the Bankruptcy Court to abstain, in which case the state court will be allowed to try the case to judgment, after which the lacross players will have to return to BK Ct. to get a ruling on dischargeability.

24 posted on 01/29/2008 1:06:33 PM PST by PUGACHEV
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To: longtermmemmory

I haven’t been involved in bankruptcy law for a few years. They adversary proceeding is the only route they have. I doubt it will do more than cost them good money after bad, but it is a way to make your point if you have no problem with the cost. As I remember, the only thing that will still be around after discharge is taxes and even the Feds will give you time to pay it off, but you will pay them. I guess the guy had no choice, but it’s sad that he won’t do more than fade away into retirement. What a world, what a world!


25 posted on 01/29/2008 1:10:37 PM PST by Constitutions Grandchild
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To: longtermmemmory
The one good thing is Nifong has been locked into a set path. Most likely he will become a deposition asset for the boys in exchange for his Ch 7 discharge.

My guess is this little turd won't be a deposition asset for the Duke players. His retirement and pension are protected, both the US attorney and the AG of North Carolina are no longer interested in Nifong. He will continue to show the utter lack of respect for our court system and the players as he showed during both his disbarment and his contempt hearing.

26 posted on 01/29/2008 2:01:09 PM PST by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: CondorFlight

My most watched video on YouTube - http://youtube.com/watch?v=bCW9POHFWQU


27 posted on 01/29/2008 3:52:46 PM PST by doug from upland (Stopping Hillary should be a FreeRepublic Manhattan Project)
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