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 ...
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.
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.
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.
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.
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!
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.
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