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

[lurker]

Ian, If you would be so kind as to post the links to the letters you are refering to on the save3abn website it would be helpfull. The only thing from Linda that I have found and sounds like what you are talking about was after the divorce. It refers to family and friends. It mentions travel but doesn't say where or to see whom. She might as likely been refering to being at her daughter's place and/or of travelling to her mother's place or going to see other family members of hers.

As far as Danny's communications to her, a letter or email from Danny refering to her travel would not be proof to me. Right along he seems to have been guessing or throwing around wild accusations and trying to draw out an admission or statement from her that he could use against her.

And why continually try to narrow the discussion down to accusations against her when so much financial wrongdoing is in the government records and is really the main issue?

This post has been edited by lurker: Feb 15 2008, 09:24 AM

[Johann]

Ian, If you would be so kind as to post the links to the letters you are refering to on the save3abn website it would be helpfull. The only thing from Linda that I have found and sounds like what you are talking about was after the divorce. It refers to family and friends. It mentions travel but doesn't say where or to see whom. She might as likely been refering to being at her daughter's place and/or of travelling to her mother's place or going to see other family members of hers.

As far as Danny's communications to her, a letter or email from Danny refering to her travel would not be proof to me. Right along he seems to have been guessing or throwing around wild accusations and trying to draw out an admission or statement from her that he could use against her.

And why continually try to narrow the discussion down to accusations against her when so much financial wrongdoing is in the government records and is really the main issue?

Well stated, lurker. It is impossible to deal with statements by Ian that have no foundation in reality. If Ian has found something that neither you nor I have seen, then he has to let us know so we can look at it together.

I know from the time Danny and I were really communicating he was continually phishing, that is he was making statements he did not know if they were true or not, but just trying to get me to argue with him and reveal details he wanted to know. So I have good reason to have no confidence in statements he is making in this connection.

This post has been edited by Johann: Feb 15 2008, 10:10 AM

[Ian]

Ian, If you would be so kind as to post the links to the letters you are refering to on the save3abn website it would be helpfull. The only thing from Linda that I have found and sounds like what you are talking about was after the divorce. It refers to family and friends. It mentions travel but doesn't say where or to see whom. She might as likely been refering to being at her daughter's place and/or of travelling to her mother's place or going to see other family members of hers.

As far as Danny's communications to her, a letter or email from Danny refering to her travel would not be proof to me. Right along he seems to have been guessing or throwing around wild accusations and trying to draw out an admission or statement from her that he could use against her.

And why continually try to narrow the discussion down to accusations against her when so much financial wrongdoing is in the government records and is really the main issue?

I am not trying to narrow the discussion on this forum lurker. Here, I was trying to talk to Johann, and according to his previous posts to me he avoids saying things about other issues as he doesn't have enough info or isn't a witness, so when talking to him, Linda is the only subject...

As far as this subject goes, to be honest it isn't a priority with me, and if, as you say, you discount what Danny says, in his emails, than you aren't considering what Linda is replying to in hers and are only wanting to see or consider half a conversation. That seems rather biased and onesided to me, as I think one needs to be willing to look at and consider, question, or credit all with the same standards, or risk being in error or decieved. My opinion and view.

As you apparently have already formed opinions and judgments and are unwilling to do so, it seems to me you'll discount or rule out anything I may post , so excuse me for being blunt, but I'm not going to waste my time.

I myself understand that the emails on save 3abn have much removed ( notice the editing and elipses)and are not given in consecutive order, so the first thing I did was arrange them in order of date and time without all Pickle's commentary, and consider what was being addressed which explains in part what was removed in the previous one, and such...

But, that's just me..


Peace...

This post has been edited by Ian: Feb 16 2008, 09:41 AM

[Johann]

so the first thing I did was arrange them in order of date and time without all Pickle's commentary, and consider what was being addressed which explains in part what was removed in the previous one, and such...

But, that's just me..
Peace...

Yes, that's just you. And how can you be sure the dates when the e-mails are written is a sure guide for your chronolgy? Often these e-mails are referring to things that have happened several weeks before, or future plans. But you are not the first one to make this fatal mistake. Dr. Walt Thompson is a genious at making such blunders, and this has been a great hindrance in clearing things us.

How do you manage to guess exactly what you think has been removed? What if nothing important has been removed? How can you prove it?

[Ozzie]

Due to all the claims about the save3abn websites and even claims that they were registered by someone out of the country after they expired, I find it interesting that the documents above reveal that *according to Joy*, and his "information and belief"; Pickle is the one who re-registered them.
I also wondering how the following earlier claim made by Joy, as posted by SSOM on Aug 26 2007, can possibly mesh with what he is now claiming under oath in the above documents?

OK. So you believe that Pickle registered them. Does that means he owns them too? Did it ever occur to you that Joy could be correct in what he is saying? Or is it just more assumptions that are supposed to lead to nowhere? You must have a lot of time on your hands to waste on drival and gossip?

[Ozzie]

But, that's just me..
Peace...

And some others who get most of their excersice by jumping to conclusions. Why not deal with facts instead of assumptions?

[Ian]

Update
what's happened in Gailon Joy's Bankruptcy case since he was found in contempt and had sanctions issued against him...


According to the Court Docket
Filed & Entered: 03/07/2008 Trustee's Report of Sale

UNITED STATES BANKRUPTCY COURT

DISTRICT OF MASSACHUSETTS

WESTERN DIVISION

In re ) Case No. 07-43128-JBR

Gailon Arthur Joy, ) Chapter 7

Debtor )

TRUSTEE'S REPORT OF SALE

Janice G. Marsh, the trustee, reports that the sale has been completed in accordance with the [#64] order.



Respectfully Submitted,


/s/ Janice G. Marsh
Janice G. Marsh, Trustee

The Marsh Law Firm, PC ....

The Judges order [#64] is here:
 BankDoc64_order_on_motion_to_sell_013108.pdf ( 103.08K ) Number of downloads: 3



Also according to the Court Docket:
Docket Text: Endorsed Order Dated 3/3/08 Granting [69] Motion filed by Creditor Three Angels Broadcasting Network, Inc. for 2004 Examination of Gailon Arthur Joy.

UNITED STATES BANKRUPTCY COURT

FOR THE DISTRICT OF MASSACHUSETTS

_______________________________ )

In re ) Chapter 7, No. 07-43128-JBR

)

GAILON ARTHUR JOY )

)

Debtor )

)

MOTION OF THREE ANGELS BROADCASTING NETWORK, INC.

FOR AN ORDER AUTHORIZING AND COMPELLING EXAMINATION OF GAILON ARTHUR JOY UNDER FEDERAL RULE OF BANKRUPTCY PROCEDURE 2004

To the HONORABLE JOEL B. ROSENTHAL, Bankruptcy Judge:



Now comes Three Angels Broadcasting Network, Inc., ("3ABN"), a creditor and party in interest, and hereby moves this Court for the entry of an Order authorizing 3ABN to conduct an examination of Gailon Arthur Joy ("Debtor" or "Joy") pursuant to Federal Rule of Bankruptcy Procedure 2004 and compelling the Debtor to participate in such an examination. In support thereof, 3ABN represents as follows:



1. The above-referenced Debtor filed a Voluntary Petition in Massachusetts seeking relief under the provisions of Chapter 7 of the Bankruptcy Code on August 14, 2007 ("Petition Date").



2. Janice G. Marsh is the duly appointed Chapter 7 Trustee in this case and continues to serve in that capacity.



3. On April 6, 2007, 3ABN and one of its founders, Danny Lee Shelton ("Shelton"), commenced an action in the U.S. District Court for the District of Massachusetts entitled Three Angels Broadcasting Network, Inc., an Illinois non-profit corporation and Danny Lee Shelton v. Gailon Arthur Joy and Robert Pickle, which case is pending as Case No. 4:07-cv-40098-FDS ("Civil Action"). As stated in more detail in other pleadings previously filed in this case, 3ABN is an entity founded in Illinois in the mid 1980's to operate and manage a Christian television and radio broadcast ministry. 3ABN's slate of programming includes both spiritual and lifestyle presentations, and it has a ministry focus of "Mending Broken People".


4. Over the past two decades, 3ABN has spent enormous resources to promote its message and publicizing itself though advertising, live events, direct mail campaigns, and group presentations. The result of this effort is that 3ABN is now one of the larger Christian networks in North America, broadcasting 24 hour television and radio programming to viewers and listeners that are estimated to number well into the millions. In addition to its headquarters in Illinois, it also operates facilities in Russia, the Philippines and New Guinea.


5. In order to provide its programming, to retain current viewers and listeners and to attract new ones, 3ABN depends on its reputation and goodwill. Most of its operations are funded by the donations of viewers and supporters.


6. To help protect this reputation and goodwill, 3ABN has registered "3ABN" and "Three Angels Broadcasting Network" as trademarks with the U.S. Patent and Trademark Office. Additionally, 3ABN also has a significant internet operation, primarily through its website, www.3abn.org (targeting North American audiences), and through secondary websites www.3abnaustralia.org.au (for Australia) and www.3angels.ru (for Russia). These websites offer pastoral support, streaming audio and video programming and information about 3ABN's mission and operations. Visitors to the websites can also purchase books and recordings produced by 3ABN and can make donations to its ministry.


7. In order to protect its trademarks and to use the 3ABN marks on the internet, 3ABN has registered over 3 dozen domain names, all of which contain the "3ABN" trademark, including but not limited to 3ABN.com, 3ABN.org, 3ABN.tv, 3ABNtelevision.com, 3ABNradio.com, 3ABNmusic.com, 3ABNbooks.com, 3ABNtv.com, and 3ABNtv.org.

8. In January 2007, 3ABN discovered that the Debtor had registered the domain name "save3ABN.com". In March 2007, 3ABN further discovered that the Debtor had registered the domain name "save3ABN.org" and that the website at www.save3ABN.org directs visitors to the www.save3ABN.com website. These two websites that the Debtor has registered were not listed as assets in his bankruptcy schedules.

9. According to 3ABN, the website at www.save3ABN.com contains information that is antithetical to 3ABN's message, and contains gross misstatements of fact concerning 3ABN's actions and operations, and contains baseless and untrue allegations of criminal conduct by 3ABN, Shelton and persons involved with 3ABN, and also contains disparaging characterizations of 3ABN, its broadcast network and Shelton. 3ABN has also maintained that the Debtor embedded these websites with the metatags "3ABN", "3-ABN", and "Three Angels Broadcasting Network", which are words and phrases used by internet search engines to locate websites that use 3ABN trademarks. [/size]

10. In the Civil Action, 3ABN alleges that the save3ABN.com and save3ABN.org domains and websites, as well as the use of the metatags as described above, incorporate 3ABN's trademark that it has used continuously for over 20 years in connection with its ministry, broadcasts and audio and video programming, and as such, infringes on those trademark rights. Additionally, the Debtor's statements on his website about 3ABN and Shelton are defamatory in nature.

11. On November 21, 2007, this Court allowed 3ABN's Motion for Relief from Stay permitting 3ABN to, among other things, seek injunctive relief in the Civil Action to prevent the Debtor from continuing to use the 3ABN.com and 3ABN.org domains and websites, from continuing to defame and disparage 3ABN and Shelton, and from continuing to interfere with 3ABN's business.

12. As disclosed to the Court in connection with the January 31, 2008 hearing in this case that took place on the sale of the domain names 3ABN.com and 3ABN.org from the Trustee to 3ABN, it appears that the domain names may have been transferred to entities controlled by Robert Pickle, the Debtor's co-defendant in the Civil Action. 3ABN and Shelton believe that the Debtor and Mr. Pickle are acting in concert with respect to the various violations asserted by 3ABN and Shelton in the Civil Action.

13. Given the above-described circumstances concerning the Debtor's ownership and alleged transfer of the domain names, 3ABN and Shelton request authority to examine the Debtor pursuant to Rule 2004 of the Federal Rules of Bankruptcy Procedure concerning his past and present ownership of any assets, claims and property rights, including domain names.

14. Pursuant to Federal Rule of Bankruptcy Procedure 2004, the Court may authorize the examination of any person on all matters pertaining to the conduct, property, liabilities and financial condition of the Debtor, or any matter which may affect the administration of the Debtor's estate.


15. 3ABN believes that it is essential that it be authorized to examine Gailon Arthur Joy, and that he be ordered to produce documents in connection with that examination, so that 3ABN and any other party in interest, including the Chapter 7 Trustee, can:

(a) determine the status and history of the ownership by the Debtor of any assets, including internet domain names;


( B) assess the value of any assets owned, controlled or formerly owned or controlled by the Debtor;



© determine the extent of any transfers between the Debtor and any other parties, to assess whether the estate has any avoidance of other rights arising from said transfers; and



(d) obtain information on any other matter, including, but not limited to, past, present and anticipated income sources.



The documents, data, and information that will be requested will include, but are not limited to, the categories of items described on the attached Exhibit "A". 16. If the relief requested herein is granted, 3ABN shall extend an invitation to the Chapter 7 Trustee to participate in any examination to be conducted. 3ABN will assume the financial responsibility of transcription and other expenses associated with the examination with the exception of those incurred by the Debtor. Furthermore, 3ABN proposes that such examination take place at the offices of Hendel & Collins, P.C., 101 State Street, Springfield, Massachusetts.

WHEREFORE, 3ABN respectfully requests the entry of an Order authorizing and compelling the immediate examination of the Debtor and directing the Debtor to produce documents, data and information to be requested by 3ABN which shall pertain to the Debtor's financial affairs, including, but not limited to, the categories of items described on the attached Exhibit "A".



THREE ANGELS BROADCASTING NETWORK, INC.



Dated: February 15, 2008

By: /s/ George I. Roumeliotis

JOSEPH B. COLLINS, ESQ.

... Y:\uSERS\clIENT\three\Motion for Rule 2004 exam.doc

Exhibit "A"

Document, Data and Information Categories

1. Any and all documents, data and information, whether in paper or electronic form, in the Debtor's possession, custody or control that identify or relate to the ownership, registration, hosting, billing, appraisal, value or transfer of, or relationship among, any internet domain names ever registered in the name of the Debtor or Robert Pickle, or any entity of which the Debtor or Robert Pickle is or was a shareholder, officer or director. Such internet domain names include, but are not limited to "save3abn.com", "save3abn.org", "save-3abn.com", "save-3abn.org" and the information sought includes data relating to the pointing by one or more of said domain names to any other domain names or websites.



2. Any and all documents, data and information, whether in paper or electronic form, in the Debtor's possession, custody or control that identify or relate to the ownership, transfer, appraisal or value of any real estate ever owned by the Debtor or any business or entity of which the Debtor is or was a shareholder, owner, officer or director.



3. Any and all documents, data and information, whether in paper or electronic form, in the Debtor's possession, custody or control that identify or relate to the ownership or transfer of any bank, brokerage, financial, or retirement accounts ever owned by the Debtor or any business or entity of which the Debtor is or was a shareholder, owner, officer or director.



4. Any and all documents, data and information, whether in paper or electronic form, in the Debtor's possession, custody or control that identify or relate to the ownership, operation, value or appraisal of any businesses, whether incorporated or not, in which the Debtor has or had any ownership, beneficial or equity ownership, or of which the Debtor is or was an officer or director, including, but not limited to, appraisals, financial statements, closing statements, invoices, check registers, bank account statements, balance sheets, and reports.



5. Federal and state tax returns for the 2005 and all subsequent tax years prepared or filed by the Debtor and/or any business or entity in which the Debtor is or was a shareholder, owner, officer or director.



6. Any and all documents, data and information, whether in paper or electronic form, in the Debtor's possession, custody or control that describes or evidences any income or gifts received by the Debtor from any and all sources from January 1,

2005 to the present, and that describes or evidences any income or gifts that the Debtor anticipates receiving in the future.



7. Any persons known to the Debtor to have knowledge of, or who have participated in, any transfer or registration of any of the assets (including domain names) or who may have copies of any documents described in Categories 1 through 6 above.

This is scheduled for April 15th...

--edited trying to correct code errors

This post has been edited by Ian: Mar 13 2008, 07:39 PM