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 ...
Justice delayed is justice denied.
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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. . .
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.
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.
Its a shame any way you look at it.
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.
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.
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.
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.
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.
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.
Which is why the three boys should have waited until the last possible minute to file.
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)
Well Done.
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.
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.
You’re right. My bad.
Wonder how the judge may be related to Nifong .......
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