Motion To Dismiss Bankruptucy, from PACER Options

[Pickle]

DEBTORS' MOTION TO DISMISS CASE

Comes now Laird J. Heal, Esq., pursuant to 11 USC Sec. 707 (b ) and requests this Court
dismiss this case entered by the debtor, offering the affidavit of the debtor as further basis
thereof, and also advising the Court:

1. That the debtor is confident that he can repay his creditors after having to change his business
model in a manner in which he has employed before, to row with the ebbs and flows of the tides
of the financial service industry, so the effect on the creditors will be wholly and uniformly
positive;

2. That the debtor never viewed the save3ABN.com or prepetition claims as being assets worth
any substantial value, and the save3ABN.com name and web site are being used for religious,
non-commercial purposes which this court has no business in interfering itself;

3. That the debtor's reasons which necessitated the bankruptcy filing have now been corrected,
and he expects to be able to satisfy all valid claims against him without further need to seek
bankruptcy protection;

4. That the Adversary Proceeding currently open should not be dismissed as the violations of the
Automatic Stay were intentional and with full knowledge of the effect of the Stay, and both
interfered with the process of restarting his business operations and led him to suffer actual
damages.

5. That this Motion to Dismiss should be heard before any decision on the sale on any of the
property of the debtor's estate is considered.

WHEREFORE, the Debtor, Gailon Arthur Joy respectfully requests that the case be dismissed
forthwith, but only as to her alone.

This post has been edited by Pickle: Dec 11 2007, 07:11 PM

[PrincessDrRe]

Okay......

[fallible humanbe...]

This maneuver by Mr. Joy is intended to keep 3ABN from being able to own the save3abn domain name and all of the assets necessary to keep it going . . . he played his gambit, the bankruptcy, to try and put himself into a safe situation and 3ABN's move to purchase a portion of his debt forced his hand and he had to ante up . . . this ante meant that he had to end his bankruptcy filing so that he could maintain ownership of the domain name and the corresponding web site, as well as the computers that maintained it (with the exceptions of Mr. Pickle's computer(s)) . . . he had no choice and it benefits Mr. Pickle in as much as it puts them on a level responsibility plane in the suit with 3ABN . . .

My guess, he never really needed to file in the first place, after all he could have changed his business model without filing, many businesses do it all the time without filing (though some do it this way) . . . he filed because he wanted to try and put a protective barrier around himself and any legal verdicts against him but, he is more interested in maintaining ownership of the domain and site so he is requesting a dismissal . . . he'll probably get it, but as in the other case, time will tell . . .

- FHB

This post has been edited by fallible humanbeing: Dec 11 2007, 08:09 PM

[Pickle]

Fallible,

Could you cite some case law that would demonstrate that a bankruptcy filing protects one from future judgments?

A lot of speculation there.

Bob

[Daryl Fawcett]

Is there any update on this one yet?

[runner4him]

Is there any update on this one yet?

Thanks Daryl.....I am interested in knowing if there is an update too.

[Daryl Fawcett]

Hopefully we will receive some kind of an update soon.

[Noahswife]

Hopefully we will receive some kind of an update soon.

Daryl,

Apparently with your extensive reading on these various threads the past two days you managed to miss Bob's post that the Bankruptcy judge denied GAJ's motion to dismiss his bankruptcy petition.

Have you considered that there might be a reason that you have not seen an answer posted here to your question?

nw

[beartrap]

There have been issues I have had with 3ABN in the past. I am supportive of Jim Gilley and what I consider to be his long term plans for 3ABN. I support him and what he is doing with the ministry. I believe that he is truly dedicated to ministry. He may prove me right, or he may prove me wrong. In any case, I do believe that 3ABN has a bright future, and I support the direction they are taking. Sister and other have very solid points regarding matters such as the issue of Jean Fiscalini. I am aware of that issue. Some may also remember a school board meeting that was cut short over the Fiscalini matter. In any case, I hope that 3ABN survives and thives as a purveyor of information that improves the human condition. I believe in that mission and support it completely! I beg the support of people, the church, and the world for the furthering of true ministry to humanity through whaterver venue it may come through.

May the good survive, and the bad go away!

[YogusBearus]

There have been issues I have had with 3ABN in the past. I am supportive of Jim Gilley and what I consider to be his long term plans for 3ABN. I support him and what he is doing with the ministry. I believe that he is truly dedicated to ministry. He may prove me right, or he may prove me wrong. In any case, I do believe that 3ABN has a bright future, and I support the direction they are taking. Sister and other have very solid points regarding matters such as the issue of Jean Fiscalini. I am aware of that issue. Some may also remember a school board meeting that was cut short over the Fiscalini matter. In any case, I hope that 3ABN survives and thives as a purveyor of information that improves the human condition. I believe in that mission and support it completely! I beg the support of people, the church, and the world for the furthering of true ministry to humanity through whaterver venue it may come through.

May the good survive, and the bad go away!

Cool and magnanimous post trapper of bears. Thanks for your positive contribution. It’s good to see you back.

-bear

[Ian]

Is there any update on this one yet?

Yes. since exactly a week after Mr Pickle started this thread...

 JudgeBankdoc51121807.pdf ( 35.23K ) Number of downloads: 48





The above document references 3 documents which the judge based his decision on.

You can read the 1st document in Mr Pickle's opening post right here in this thread. Anyone interested in the rest of the story can read the other 2 right here:

 JMBankdoc43121207.pdf ( 19.56K ) Number of downloads: 43


 3ABNBankdoc49121707.pdf ( 24.17K ) Number of downloads: 37


This post has been edited by Ian: Jan 15 2008, 10:30 AM

[fallible humanbe...]

Are there any additional documents in regards to the issue of the web site ownership - there seems to be some debate about who registered the domain, who paid for it, who owns it, who manages the web site, who was responsible for the content on the site (both the writing and ftp of the content).

- FHB

Yes. since exactly a week after Mr Pickle started this thread...

 JudgeBankdoc51121807.pdf ( 35.23K ) Number of downloads: 48

The above document references 3 documents which the judge based his decision on.

You can read the 1st document in Mr Pickle's opening post right here in this thread. Anyone interested in the rest of the story can read the other 2 right here:

 JMBankdoc43121207.pdf ( 19.56K ) Number of downloads: 43


 3ABNBankdoc49121707.pdf ( 24.17K ) Number of downloads: 37

[Ian]

Are there any additional documents in regards to the issue of the web site ownership - there seems to be some debate about who registered the domain, who paid for it, who owns it, who manages the web site, who was responsible for the content on the site (both the writing and ftp of the content).

- FHB

Yes, discussion started up about this in the "3ABN adds new board member" thread around post 29 when Pickle claimed "I didn't sputter or spin that either" in reference to his earlier statement "It's not my site" it continues sporadically throughout the rest of the thread.

3 documents along with their court docket entries were posted on the last page of that thread today: http://www.blacksda.com/forums/index.php?s...18900&st=60

Interestingly enough one of those documents was filed by Gailon Joy who says he doesn't believe it's his website, either...

And so far Mr Pickle hasn't answered anyones questions about all this.

[fallible humanbe...]

Thanks for tying the information together with this post.

- FHB

Yes, discussion started up about this in the "3ABN adds new board member" thread around post 29 when Pickle claimed "I didn't sputter or spin that either" in reference to his earlier statement "It's not my site" it continues sporadically throughout the rest of the thread.

3 documents along with their court docket entries were posted on the last page of that thread today: http://www.blacksda.com/forums/index.php?s...18900&st=60

Interestingly enough one of those documents was filed by Gailon Joy who says he doesn't believe it's his website, either...

And so far Mr Pickle hasn't answered anyones questions about all this.

[Shiny Penny]

Yes. since exactly a week after Mr Pickle started this thread...

 JudgeBankdoc51121807.pdf ( 35.23K ) Number of downloads: 48

The above document references 3 documents which the judge based his decision on.

You can read the 1st document in Mr Pickle's opening post right here in this thread. Anyone interested in the rest of the story can read the other 2 right here:

 JMBankdoc43121207.pdf ( 19.56K ) Number of downloads: 43


 3ABNBankdoc49121707.pdf ( 24.17K ) Number of downloads: 37

Well, um.

Thanks, Ian, for posting these documents. It is interestig that Pickle didn't bother to post them himself. Wonder why?