Contempt Of Court And Sanctions, update as of 01/31/08 Options

[Ian]

Background:
33 Filed & Entered: 11/30/2007 Motion to Sell
Docket Text: Motion filed by Trustee Janice G. Marsh for Sale of Property Under Section 363 (b) (1) all domain names and (2) all prepetition claims against Three Angels Broadcasting Network, Inc., and its officers, directors and shareholders and employees, including Danny Shelton with certificate of service (Marsh, Janice) Additional attachment(s) added on 12/4/2007 (jk, USBC).


Round one:

42 Filed & Entered: 12/11/2007 Motion to Dismiss Case
Docket Text: Motion filed by Debtor Gailon Arthur Joy to Dismiss Case (Heal, Laird)

43 Filed & Entered: 12/12/2007 Objection
Docket Text: Objection with certificate of service filed by Trustee Janice G. Marsh Re: [42] Motion filed by Debtor Gailon Arthur Joy to Dismiss Case (Marsh, Janice)

49 Filed & Entered: 12/17/2007 Objection
Docket Text: Objection with certificate of service filed by Creditor Three Angels Broadcasting Network, Inc. Re: [42] Motion filed by Debtor Gailon Arthur Joy to Dismiss Case (Collins, Joseph)

51 Filed & Entered: 12/19/2007 Order on Motion to Dismiss Case
Docket Text: Order Dated 12/18/07 Denying [42] Motion filed by Debtor Gailon Arthur Joy to Dismiss Case. #42 DENIED. (mbd, USBC)

Click Here to view these documents

Round two:

47 Filed & Entered: 12/14/2007 Objection
Docket Text: Objection with certificate of service filed by Debtor Gailon Arthur Joy Re: [33] Motion filed by Trustee Janice G. Marsh for Sale of Property Under Section 363 (b) (1) all domain names and (2) all prepetition claims against Three Angels Broadcasting Network, Inc., and its officers, directors and shareholders and employees, includi (Heal, Laird)

48 Filed & Entered: 12/14/2007 Affidavit/Declaration
Docket Text: Affidavit of Bob Pickle In Support of Objection to Trustee's Motion to Sell[#33] (Re: [47] Objection, ). filed by Debtor Gailon Arthur Joy (Heal, Laird)

Click Here to view these documents

50 Filed & Entered: 12/19/2007 Order on Motion To Sell
Docket Text: Order Dated 12/18/07 Regarding [33] Motion filed by Trustee Janice G. Marsh for Sale of Property Under Section 363 (b) (1) all domain names and (2) all prepetition claims against Three Angels Broadcasting Network, Inc., and its officers, directors and shareholders and employees, including Danny Shelton. CONTINUED TO 1/31/08 AT 1O:30 A.M. DEBTOR ORDERED TO PROVIDE ALL REQUESTED INFORMATION TO THE CHAPTER 7 TRUSTEE WITHIN 30 DAYS. (mbd, USBC)

UPDATE

54 Filed & Entered: 01/24/20 Motion for Contempt
Docket Text: Motion filed by Trustee Janice G. Marsh For Contempt with certificate of service, in addition to Motion filed by Trustee Janice G. Marsh For Sanctions or Costs with certificate of service (Attachments: # (1) Exhibit 12-18-07 fax to Mr. Heal) (Marsh, Janice)

54 Filed & Entered: 01/24/2008 Motion for Sanctions/Costs
Docket Text: Motion filed by Trustee Janice G. Marsh For Contempt with certificate of service, in addition to Motion filed by Trustee Janice G. Marsh For Sanctions or Costs with certificate of service (Attachments: # (1) Exhibit 12-18-07 fax to Mr. Heal) (Marsh, Janice)

 JMBankDoc54012408.pdf ( 20.11K ) Number of downloads: 9

 JMBankDoc54_1.pdf ( 76.58K ) Number of downloads: 10

UNITED STATES BANKRUPTCY COURT
DISTRICT OF MASSACHUSETTS
WESTERN DIVISION


In re ) Case No. 07-43128-JBR
Gailon Arthur Joy, ) Chapter 7
Debtor )

TRUSTEE’S MOTION FOR AN ORDER OF CONTEMPT AND
FOR SANCTIONS


Janice G. Marsh, the trustee, requests the court to enter an order of contempt
against the debtor, Gailon Arthur Joy, and to award her appropriate sanctions.


1. On August 14, 2007, the debtor, Gailon Arthur Joy, commenced this case;
immediately thereafter, the trustee was appointed.


2. Three Angels Broadcasting Network, Inc., and its officers, directors, shareholders
and employees, including Danny Shelton (collectively “Buyers”) informed the
trustee that the debtor had not listed on his schedules certain property,
specifically, domain names and a counterclaim against the Buyers that arose
prepetition (“Property”).


3. At the 341 meeting, the debtor failed to testify about the Property.


4. The trustee filed a [#33] motion to sell the Property to the Buyers.


5. On December 18, 2007, the court conducted a hearing.


6. At the hearing, the court “ordered the debtor to provide all requested information
to the chapter 7 trustee within 30 days.” [#50]


7. The court has continued the December 18 hearing to January 31, 2008, at 10:30
am


8. After the hearing on December 18, but before the trustee had received the court’s
order, the trustee telephoned the debtor’s attorney to find out his fax number.


9. She then sent a fax to the debtor’s attorney to request specific information. Please
see the attached Exhibit.


10. January 17, 2008, was the deadline for the debtor to have provided the
information to the trustee.


11. The trustee has received no response from the debtor.


12. The trustee seeks an order of contempt against the debtor and appropriate
sanctions.

WHEREFORE, Janice G. Marsh, the trustee, requests the court

1. to enter an order of contempt against the debtor;

2. to award appropriate sanctions in favor of the trustee; and

3. to grant such further and other relief as is just.

Respectfully Submitted,
/s/ Janice G. Marsh
Janice G. Marsh, Trustee
The Marsh Law Firm, PC....

Today:

Filed & Entered: 01/31/2008 Hearing Held
Docket Text: Hearing Held Re: [54] Motion filed by Trustee Janice G. Marsh For Contempt, in addition to Motion filed by Trustee Janice G. Marsh For Sanctions or Costs. (mbd, USBC)


59 Filed & Entered: 01/31/2008 Document
Docket Text: Document Filed by Trustee Janice G. Marsh Re: [54] Motion filed by Trustee Janice G. Marsh For Contempt, in addition to Motion filed by Trustee Janice G. Marsh For Sanctions or Costs. FILED IN OPEN COURT ON 1/31/08. (mbd, USBC) Modified on 1/31/2008 (mbd, USBC).
 JMBankDoc59013108.pdf ( 44.9K ) Number of downloads: 12



60 Filed & Entered: 01/31/2008 Document
Docket Text: Document filed by Trustee Janice G. Marsh Re: [54] Motion filed by Trustee Janice G. Marsh For Contempt, in addition to Motion filed by Trustee Janice G. Marsh For Sanctions or Costs. FILED IN OPEN COURT ON 1/31/08. (mbd, USBC)
 JMBankDoc60013108.pdf ( 69.72K ) Number of downloads: 16



61 Filed & Entered: 01/31/2008 Order on Motion for Contempt
Docket Text: Order Dated 1/31/08 Granting: [54] Granting Motion filed by Trustee Janice G. Marsh For Contempt, in addition to Motion filed by Trustee Janice G. Marsh For Sanctions or Costs. #54 GRANTED. THE DEBTOR AND ATTORNEY HEAL ARE HEREBY FOUND IN CONTEMPT AND ARE HEREBY SANCTIONED $1,000.00 EACH FOR FAILURE TO ABIDE BY THE COURT'S ORDER OF 12/18/07. PAYMENT TO BE MADE TO "CLERK OF COURT" WITHIN 10 DAYS. (mbd, USBC)

61 Filed & Entered: 01/31/2008 Order on Motion For Sanctions/Costs
Docket Text: Order Dated 1/31/08 Granting: [54] Granting Motion filed by Trustee Janice G. Marsh For Contempt, in addition to Motion filed by Trustee Janice G. Marsh For Sanctions or Costs. #54 GRANTED. THE DEBTOR AND ATTORNEY HEAL ARE HEREBY FOUND IN CONTEMPT AND ARE HEREBY SANCTIONED $1,000.00 EACH FOR FAILURE TO ABIDE BY THE COURT'S ORDER OF 12/18/07. PAYMENT TO BE MADE TO "CLERK OF COURT" WITHIN 10 DAYS. (mbd, USBC)
 JudgeBankDoc61013108.pdf ( 33.01K ) Number of downloads: 10

[Pickle]

Kind of odd that the trustee wanted to sell all domain names, isn't it? Even ones obtained after the bankruptcy was filed, the way it's worded. Is that kosher?

Can't say 3ABN has won one yet, but maybe the trustee has. We'll see how it all develops.

[Clay]

Kind of odd that the trustee wanted to sell all domain names, isn't it? Even ones obtained after the bankruptcy was filed, the way it's worded. Is that kosher?

Can't say 3ABN has won one yet, but maybe the trustee has. We'll see how it all develops.

the trustee is not in it to win it.... my understanding of the role of the trustee is to expedite the process and ensure that creditors are paid.... it is not wise to tick off the trustee, and it seems that someone has done just that....

[inga]

the trustee is not in it to win it....

Not sure about this one, though .... She opposed the termination of the bankruptcy proceedings (not necessarily legally correct language on my part) unless she were paid first. At least that's how I read it.

my understanding of the role of the trustee is to expedite the process and ensure that creditors are paid....

Her actions don't seem to have been in the best interests of the creditors. She appears to have been looking out for her interests first. All the while that she's preventing the termination of the bankruptcy proceedings, Gailon can not carry on business and pay the creditors off, as I understand it.

it is not wise to tick off the trustee, and it seems that someone has done just that....

Yup. Seems like it.

I still figure no one involved was really knowledgeable regarding the nature of cyber "property." In actual practice, domain names do not have a firm value and are more "rented" than "owned," because, as soon as the renewal fee is not paid to the domain registrar, the "owner" loses the right to the name and the name is available for anyone else to buy -- the purchase price going to the registrar, rather than the previous "owner."

Otoh, certain desirable domain names have been going for high prices mainly because someone wanted them badly enough, not because of any intrinsic value. (And some have forfeited the right to use certain names because they failed to pay the renewal fee in time.)

I have a feeling that the laws aren't all that definitive in governing this type of situation. Gailon was not ordered to continue paying for the upkeep of the website (not sure he could be forced to do so).

What makes the 3ABN "offer" really dirty is the second item: "(1) all domain names and (2) all prepetition claims against Three Angels Broadcasting Network, Inc., and its officers, directors and shareholders and employees, includi (Heal, Laird)"

Just what they meant by "all prepetition claims against Three Angels Broadcasting" I don't know, and I have a feeling that maybe Gailon doesn't know either. But if I were in his shoes, I wouldn't take any chances.

I believe DS & 3ABN had no business at all interfering with Gailon's financial difficulties in his business. It was a "smart move" on their part (from their perspective) to offer money for the domain, thus making it appear to have some monetary value. I don't believe it was an ethical move at all.

"Ethical" and "legal" are not necessarily synonymous.

[Pickle]

I believe DS & 3ABN had no business at all interfering with Gailon's financial difficulties in his business.

Quite easy to prove at this point.

[PeacefulBe]

I believe DS & 3ABN had no business at all interfering with Gailon's financial difficulties in his business. It was a "smart move" on their part (from their perspective) to offer money for the domain, thus making it appear to have some monetary value. I don't believe it was an ethical move at all.

"Ethical" and "legal" are not necessarily synonymous.

Exactly! However, those of us who have urged Gailon and Bob to fight this battle in an "Ethical" way, according to Christian principles have been told that when involved in a legal battle, sometimes you have to do things that are not ethical in order to try to win. "...there will be casualties".

IMO, both sides are guilty of not following Christian principles at times, and the ugliness is only growing larger.

I guess the moral of this story might be - when you punch someone, don't whine about getting socked back. Now, what was that line in scripture about a "cheek"? Anybody going to back off and turn the other one?

Jeanette

[Pickle]

Jeanette, could you please quote where either Gailon or myself has ever said that one has to resort to doing things that are not ethical when in a legal battle? If you cannot, could you retract your statement?

[inga]

Exactly! However, those of us who have urged Gailon and Bob to fight this battle in an "Ethical" way, according to Christian principles have been told that when involved in a legal battle, sometimes you have to do things that are not ethical in order to try to win.

Jeannette/PB/GrandmaNettie, there's spinning, and there's spinning. Some of it is more or less harmless, but yours is more or less deadly. And it is outright dishonest in this case. I have not read Gailon or Bob saying any such thing!

"...there will be casualties".

Yes, I'm sure "there will be casualties," but this is not synonymous with "you have to do things that are not ethical." Your spinning machine is out of control.

IMO, both sides are guilty of not following Christian principles at times, and the ugliness is only growning larger.

I guess the moral of this story might be - when you punch someone, don't whine about getting socked back. Now, what was that line in scripture about a "cheek"? Anybody going to back off and turn the other one?

Jeanette

Yeah, some have been saying that to Danny for a long time. He's the one that started the punching four years ago, and he has continued it -- even on world-wide satellite TV!

Yet you regularly defend him and his advocates.

Why? What's in it for you? (It's most definitely not for the cause of justice. And it's most definitely not for the cause of God that has become besmirched by the careless disregard of His principles and His truths by certain members of the 3ABN staff.)

God has a solution for wrongs done. And it's not cover-up. It's called confession and repentance. The beauty of it is that it doesn't take four years or more and it doesn't take a battery of lawyers to squelch the whistle blowers.

Confession and repentance works. As a result, folks can "peaceful be."

Satan's substitute (cover-up and denial), by contrast, leaves no peace in its wake.

Inga

This post has been edited by inga: Feb 1 2008, 02:19 PM

[Ian]

there's spinning, and there's spinning. Some of it is more or less harmless, but yours is more or less deadly. And it is outright dishonest in this case.... I'm sure "there will be casualties," but this is not synonymous with "you have to do things that are not ethical." Your spinning machine is out of control. ... Danny...'s the one that started the punching four years ago, and he has continued it -- even on world-wide satellite TV!....

Speaking of pots and kettles and spin cycles...

These generic unsupported accusatios are getting pretty old... And I can't believe we are resorting to the "he started it first" arguments, but as you went there...

Got a quote of Danny starting this, Inga? Or any of him continuing this "punching" you are alleging he's done on world wide satellite tv?

before any of the rest of you get in line to tell me or others exactly what you think of me also, please make sure you have your answer to my question with you along with a quote or two to support it, and hopefully a reference or two...

Even one would be very nice, I know some of us have been asking for awhile now...


Oh yeah... and please check your weapons at the door, it's just a simple question.

This post has been edited by Ian: Feb 1 2008, 03:13 PM

[inga]

Got a quote of Danny starting this, Inga? Or any of him doing this "punching" you are alleging he's done on world wide satellite tv?

You, Aletheia/Cindy/Ian are the documentarian. I've got better things to do.

Danny's accusations of Linda have been documented times aplenty. And I hardly think Walt Thompson dreamed up his defense of Danny on his own, so his letters on this board serve as some of the "quotes." The Wayback search engine would have the 3ABN website "explanation" of Linda's disappearance, which, to most folks, implied a moral fall.

Confession & repentance does the job.

Pointing a finger at others doesn't.

Since you seem to have a line to Danny, perhaps you could convey the message?

[LaurenceD]

Speaking of pots and kettles and spin cycles...

These generic unsupported accusatios are getting pretty old... And I can't believe we are resorting to the "he started it first" arguments, but as you went there...

Got a quote of Danny starting this, Inga? Or any of him doing this "punching" you are alleging he's done on world wide satellite tv?

If you watched the original broadcast, why would you need any further questions answered here? Maybe you do. Sounds as though you do, but I doubt that any of us have any expertise reaching in that shallow. Not many would need an interpreter as they watched those reruns. The one-sided punching was quite obvious...to save the ministry. But, of course you'd have to be unbiased, as I was at the time, to pick up on it.

[Ian]

If you watched the original broadcast, why would you need any further questions answered here? Maybe you do. Sounds as though you do, but I doubt that any of us have any expertise reaching in that shallow. Not many would need an interpreter as they watched those reruns. The one-sided punching was quite obvious...to save the ministry. But, of course you'd have to be unbiased, as I was at the time, to pick up on it.

In other words , same ol' same ol'... you can also make the same accusations, and throw in a insult or two, but don't have any exact quotes either?

That's ok, no one ever does... it was anyway.

But if anyones interested one of Pickle and Joy's latest articles includes a recording of the original broadcast Laurence is referring to-- found on a legion of save3abn mirror sites worldwide...

This post has been edited by Ian: Feb 1 2008, 05:03 PM

[LaurenceD]

Yeah, the reruns would probably be the same ol' same ol' if one could stand to watch such an unfair presentation again and again. You might love it. In fact you'd probably be good at calling the whole thing lies, accusations, insults, etc., etc., ad infinitum. I came away thinking he must be right. But, a little step backwards taken kept me from falling, a little deeper insight helped too, and remaining unassuming helped immensely...till truer colors were shown.

[runner4him]

If you watched the original broadcast, why would you need any further questions answered here? Maybe you do. Sounds as though you do, but I doubt that any of us have any expertise reaching in that shallow. Not many would need an interpreter as they watched those reruns. The one-sided punching was quite obvious...to save the ministry. But, of course you'd have to be unbiased, as I was at the time, to pick up on it.

I knew nothing until a letter came in the mail from 3abn discussing Linda and her termination with hints of this and hints of that. 3abn taken off Sky Angel made me think that another televangelist bit the dust! I put two and two together and smelled a rotten story somewhere with a marriage gone bad and infidelity and bitterness seeping everywhere. I discussed my thoughts with no one but my mind was going like crazy and it all started with the letter from 3abn.

Then I went to ASI and the sad face of Danny during the patting on his back by the ones in charge made me really start to think Linda must surely have done a terrible thing.

I would say it would have been much better if that letter had not been sent and if there had not been a campaign to try to make Danny look good.

[Ian]

I knew nothing until a letter came in the mail from 3abn discussing Linda and her termination with hints of this and hints of that. 3abn taken off Sky Angel made me think that another televangelist bit the dust! I put two and two together and smelled a rotten story somewhere with a marriage gone bad and infidelity and bitterness seeping everywhere. I discussed my thoughts with no one but my mind was going like crazy and it all started with the letter from 3abn.

Then I went to ASI and the sad face of Danny during the patting on his back by the ones in charge made me really start to think Linda must surely have done a terrible thing.

I would say it would have been much better if that letter had not been sent and if there had not been a campaign to try to make Danny look good.

Possibly this would be a good topic for another thread? We could indeed investigate the different statements made by both sides in these issues and discover how this whole thing got started and became such a public and large discussion/debate and problem?

As my questions here indicate, I would be interested in getting to the bottom of all this, with documentation, and references.