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11-03-2007, 08:10 PM
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#4006
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Proud Holder-Post 200,000
Join Date: Sep 2003
Location: Corner Office
Posts: 86,129
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Question
Quote:
Originally posted by Pretty Little Flower
Blackburn-Liverpool
Newcastle-Portsmouth
I've seen worse Saturdays on FCS.
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any updates!?!? spoiler space!!!!
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I will not suffer a fool- but I do seem to read a lot of their posts
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11-04-2007, 12:57 PM
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#4007
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Wild Rumpus Facilitator
Join Date: Mar 2003
Location: In a teeny, tiny, little office
Posts: 14,167
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Quote:
Originally posted by sebastian_dangerfield
Is an intentional act like infliction of emotional distress non-dischargeable in bankruptcy along the same lines as a fraud judgment?
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Ibelieve so, but I haven't looked at the Bankruptcy Code in a number of years, so I could be wrong.
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Send in the evil clowns.
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11-04-2007, 12:59 PM
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#4008
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Wild Rumpus Facilitator
Join Date: Mar 2003
Location: In a teeny, tiny, little office
Posts: 14,167
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Quote:
Originally posted by sebastian_dangerfield
Have you ever seen a case where there was a high likelihood of a judgment being entered against someone or some organization and the organization didn't mortgage the shit out all their real property in advance? It's the first thing most defendants in bad positions do. Then when the court asks where the mortgage money is the defendant says he spent it on his lawyers.
There's actually a law in NJ, I think, now holding lawyers liable for counseling defendants to drain the equity of all real property after a suit has been filed. I think it works like a fruaudlent conveyance claim.
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You should still be able to attach the posessory interest, especially if you can demonstrate to the creditors that by renting the property out, you have a better chance of paying off the secured debt than the frat does through collection of dues. There are ways an aggressive and pissed-off lawyer can get around fraudulent conveyances.
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Send in the evil clowns.
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11-04-2007, 01:36 PM
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#4009
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Moderator
Join Date: Mar 2003
Location: Monty Capuletti's gazebo
Posts: 26,202
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Quote:
Originally posted by taxwonk
You should still be able to attach the posessory interest, especially if you can demonstrate to the creditors that by renting the property out, you have a better chance of paying off the secured debt than the frat does through collection of dues. There are ways an aggressive and pissed-off lawyer can get around fraudulent conveyances.
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So the creditor gets a building after years and years of paying down the mortgage? You have to be one real pised off client to foot the bill for that.
__________________
All is for the best in the best of all possible worlds.
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11-04-2007, 01:39 PM
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#4010
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Moderator
Join Date: Mar 2003
Location: Monty Capuletti's gazebo
Posts: 26,202
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Quote:
Originally posted by taxwonk
Ibelieve so, but I haven't looked at the Bankruptcy Code in a number of years, so I could be wrong.
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I wasn't interested enough to look it up. I just envisioned a whole bunch of the Phelps clan all running out and filing.
The judgment holder told the newspapers his interest is not settling for any amount money Phelps could offer, but shutting down the church, so we can look forward to this being the end of these nuts.
__________________
All is for the best in the best of all possible worlds.
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11-04-2007, 02:06 PM
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#4011
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Registered User
Join Date: Mar 2003
Location: Flyover land
Posts: 19,042
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Quote:
Originally posted by sebastian_dangerfield
I wasn't interested enough to look it up. I just envisioned a whole bunch of the Phelps clan all running out and filing.
The judgment holder told the newspapers his interest is not settling for any amount money Phelps could offer, but shutting down the church, so we can look forward to this being the end of these nuts.
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? They can't, like, send them to debtor's prison, and it doesn't seem like it takes a lot of money to do what they are doing. As long as they are willing to give up essentially everything normal, they should be able to fund traveling around the country with a bunch of stupid signs.
I'm just saying, crazy (but not certifiable, dangerous-to-others crazy) people are hard to shut down completely.
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I'm using lipstick again.
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11-04-2007, 02:07 PM
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#4012
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[witticism TBA]
Join Date: May 2007
Location: n00bville
Posts: 919
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Confidential to NCS.
Quote:
Originally posted by notcasesensitive
Who (besides me) eats Junior Mints???
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This guy.
BTW, look for a new (or at least new to me) Junior Mints candy - it's something like Peppermint Crunch and is good enough that I could have eaten the entire box in one sitting, if there were not other adults around.
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11-04-2007, 04:28 PM
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#4013
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Patch Diva
Join Date: Mar 2003
Location: Winter Wonderland
Posts: 4,607
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Quote:
Originally posted by ltl/fb
? They can't, like, send them to debtor's prison, and it doesn't seem like it takes a lot of money to do what they are doing. As long as they are willing to give up essentially everything normal, they should be able to fund traveling around the country with a bunch of stupid signs.
I'm just saying, crazy (but not certifiable, dangerous-to-others crazy) people are hard to shut down completely.
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And, sad to say, there are probably other like-minded people around the country who'd be willing to fund their little field trips of hate.
And I get the feeling a little thing like a money judgment won't stop them. They probably believe they are being persecuted for their faith.
I'm mildly surprised that the First Amendment doesn't preclude judgments for protests like that. I have a hazy recollection of Con Law class about the Klan's rights to march etc.
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11-04-2007, 05:02 PM
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#4014
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Hello, Dum-Dum.
Join Date: Mar 2003
Posts: 10,117
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Quote:
Originally posted by Fugee
I'm mildly surprised that the First Amendment doesn't preclude judgments for protests like that. I have a hazy recollection of Con Law class about the Klan's rights to march etc.
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The 1st Ad. limits government action, it being a constitution and all. It does not create an individual right of free speech that overrides the rights of other individuals (against defamation, against infliction of emotional distress, against invasion of privacy, etc.). Thus, in the traditional view, the 1st Ad. is completely irrelevant to tort law.
However, New York Times v. Sullivan (1964) created a limited exception for the principle that state courts (being, it was assumed, a branch of government) could not be used by "public figures" to bring actions and enforce libel judgments in the absence of a showing of actual malice. Outside of that context, the 1st Ad. is largely silent on what individuals do to each other with words. But now we have crackpots going around saying they have a "right" of free speech that somehow affects how non-governmental actors should behave toward them. Thanks a fucking bunch, SCOTUS.
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11-04-2007, 05:20 PM
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#4015
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Proud Holder-Post 200,000
Join Date: Sep 2003
Location: Corner Office
Posts: 86,129
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Quote:
Originally posted by sebastian_dangerfield
So the creditor gets a building after years and years of paying down the mortgage? You have to be one real pised off client to foot the bill for that.
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translation: i miss being in the legal trenches day after day.
__________________
I will not suffer a fool- but I do seem to read a lot of their posts
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11-04-2007, 05:40 PM
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#4016
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Proud Holder-Post 200,000
Join Date: Sep 2003
Location: Corner Office
Posts: 86,129
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- Walking appetizers
Shucked Dabob Bay Oysters with Kumquat Mignonette
Crisp Plantains, Spiced Lamb, Onion Marmalade
House Cured Coho Salmon with Paddlefish Roe and Crème Fraiche
Foraged Mushroom and Cotswald Cheddar Tartlet
First Course
Kabocho Squash Soup with Pepitas, Manchego Cheese and Chive Oil
Second Course
Seared Diver Sea Scallop on Brandade Ravioli, Mustard Greens and Lemon Shallot Jus
Third Course
Corn Pudding Stuffed Quail with Chorizo, Mussels and Smoked Paprika Cider Gastrique
Third Course
Juniper Marinated Venison atop Artichoke, Salsify Ragout with Toasted Almond Relish
Fourth Course
Shaved Beet and Fennel Salad, Arugula, Humbolt Fog and Black Pepper Blood Orange Vinaigrette
Fifth Course
Various Chocolates, Port and Great Lakes Coffee
okay that was my dinner last night. it turns out 11 kinds of animals died, not 9. Chorizo does have both beef and pork, but the surprise is that brandade is salted cod, so it died too.
__________________
I will not suffer a fool- but I do seem to read a lot of their posts
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11-04-2007, 06:09 PM
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#4017
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Moderator
Join Date: Mar 2003
Location: Monty Capuletti's gazebo
Posts: 26,202
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Quote:
Originally posted by Hank Chinaski
translation: i miss being in the legal trenches day after day.
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The work didn't drive me from the field. The people did. And that needs no explanation.
So yes, I do miss the work sometimes.
__________________
All is for the best in the best of all possible worlds.
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11-04-2007, 07:21 PM
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#4018
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Apathy rocks!
Join Date: Apr 2003
Location: under a rock
Posts: 2,711
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Quote:
Originally posted by Hank Chinaski - Walking appetizers
Shucked Dabob Bay Oysters with Kumquat Mignonette
Crisp Plantains, Spiced Lamb, Onion Marmalade
House Cured Coho Salmon with Paddlefish Roe and Crème Fraiche
Foraged Mushroom and Cotswald Cheddar Tartlet
First Course
Kabocho Squash Soup with Pepitas, Manchego Cheese and Chive Oil
Second Course
Seared Diver Sea Scallop on Brandade Ravioli, Mustard Greens and Lemon Shallot Jus
Third Course
Corn Pudding Stuffed Quail with Chorizo, Mussels and Smoked Paprika Cider Gastrique
Third Course
Juniper Marinated Venison atop Artichoke, Salsify Ragout with Toasted Almond Relish
Fourth Course
Shaved Beet and Fennel Salad, Arugula, Humbolt Fog and Black Pepper Blood Orange Vinaigrette
Fifth Course
Various Chocolates, Port and Great Lakes Coffee
okay that was my dinner last night. it turns out 11 kinds of animals died, not 9. Chorizo does have both beef and pork, but the surprise is that brandade is salted cod, so it died too.
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So which dead animal was your favorite?
I had roasted vegetables tossed with pasta last night. Tasty.
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All our final decisions are made in a state of mind that not going to last. - Proust
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11-05-2007, 11:04 AM
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#4019
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[intentionally omitted]
Join Date: Mar 2003
Location: NYC
Posts: 18,597
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Just the thing for this board.
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11-05-2007, 11:57 AM
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#4020
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Moderasaurus Rex
Join Date: May 2004
Posts: 33,048
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child abuse
The Indianapolis Colts have a wide receiver named Craphonso Thorpe.
__________________
“It was fortunate that so few men acted according to moral principle, because it was so easy to get principles wrong, and a determined person acting on mistaken principles could really do some damage." - Larissa MacFarquhar
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