Advantage Conferences II

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Re: Advantage Conferences II

Post by Prof »

Unlike chapter 13, which is a voluntary repayment program based upon future income,and which can generally be dismissed at will, a filing under chapter 7 cannot be dismissed absent a hearing before the Court on notice to all with a finding by the Court that the dismissal is appropriate. I doubt that this dismissal will be allowed.

By the way, unlike a lawsuit, a bankruptcy is just dismissed-- there is no such thing as a dismissal with prejudice to refiling. However, the nature of/reason for the dismissal itself may bar refiling for a limited period of time.

If I were the trustee, I wouldn't let this guy out, either, and I doubt that the judge will.
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Re: Advantage Conferences II

Post by soapboxmom »

WHEREFORE, the United States Trustee respectfully requests that the Court
enter an Order denying the Motion to Dismiss and granting further proper relief.
Thank you for your comments, gentlemen. Could you tell us all that "proper relief" encompasses?

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Re: Advantage Conferences II

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soapboxmom wrote:Thank you for your comments, gentlemen. Could you tell us all that "proper relief" encompasses?
Prof knows far more about bankruptcy than I. Still, that type of expression tends to be a holdover from the old days of pleading when, if you don't ask for something in your papers, you can't get it. The expression the oldtimers (I gotta watch that term these days) use around here is "such other and further relief as to the Court may seem just". It doesn't mean anything specific.

Or, if it does in this bankruptcy context, Prof can tell us both.
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Re: Advantage Conferences II

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Our Debtor e-mailed me this evening:
Heather, only you. You demand and post repeatedly that I take responsibility for my debt. I decide to do so and now you spin that. Unbelievable. May God have mercy on you and heal your hate-filled heart. I have documented every post and the attacks for the trustee and they can decide if they want to pursue the damage that you have done.

Jack
Who does Jack think has been cooperating with the authorities the past 2 years. I have never disclosed any information about any investigation, but have always complied with any request from any "major governmental agency" that I contacted or that has come to me for information. Unlike Jack , I have no problem turning over documents that are requested of me. And, the trustee is going to do what exactly? Jack does sound just a bit unhinged, doesn't he?

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Re: Advantage Conferences II

Post by wserra »

You'll be interested in this one too, SBM.

Last week, the Chapter 7 trustee (a different entity from the U.S. Trustee - Prof can explain the details far better than I) filed a motion to retain counsel on the grounds that "There are one or more transactions by the Debtor which have the appearance of being preferential transfers or fraudulent transfers." The motion is here.

I think ol' Jack may just feel the walls closing in. Not that he doesn't deserve it.
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Re: Advantage Conferences II

Post by Prof »

Soapbox, to fill in the information requested by Wes:

The pleading form, "such other relief," is really not an anachronism -- I end all pleadings with "and such other relief as X may show herself entitled" because that is a catch all if you didn't include something and the judge is a stickler for the specificity of pleading required under the Federal Rules of Procedure.

The U. S. Trustee is an officer of the US Dept. of Justice and supervises bankruptcy cases generally, with an emphasis on making sure Ch. 11's progess properly and keeping an eye out for fraud in all cases, but particularly in Ch. 7 liquidation/discharge cases.

In all Ch. 7 cases, a trustee from a panel of trustees is appointed by the Clerk of Court, and that trustee takes charge of the assets of the Debtor. He or she is charged with liquidating assets and pursuing claims which may lead to assets. His/her work is supervised by the US Trustee.

By the way, the Judge for this case, J. Rhodes, is pretty bright and quite straightforward. She sits in Plano, which, Wes, although just a few miles North of Dallas, is actually in the Eastern District of Texas. Dallas/Ft. Worth are in the NDTX.
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Re: Advantage Conferences II

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One other piece of info for you, SBM. The Court has set a hearing on all this for 10/21/2008 at 9:45 AM at (as Prof says) Plano. The Court's address is 660 North Central Expressway, Plano, Texas 75074 (972) 509-1240. Hearings such as this can be adjourned, and I don't see an online docket at the Court's web site, so if you intend to go and don't have PACER access I'd check by calling the clerk the afternoon before.

Thanks for your responses, Prof. Out of curiosity, though: do you find that having a catchall phrase like "such other and further relief" actually preserves your ability to get relief to which you otherwise wouldn't have access? My experience here (both state and federal) is that, in those instances when the law requires one to specify certain relief, one had better do it or one won't get it; in other instances, you'll get what the judge thinks appropriate whether or not you use it.
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Re: Advantage Conferences II

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wserra wrote:One other piece of info for you, SBM. The Court has set a hearing on all this for 10/21/2008 at 9:45 AM at (as Prof says) Plano. The Court's address is 660 North Central Expressway, Plano, Texas 75074 (972) 509-1240. Hearings such as this can be adjourned, and I don't see an online docket at the Court's web site, so if you intend to go and don't have PACER access I'd check by calling the clerk the afternoon before.

Thanks for your responses, Prof. Out of curiosity, though: do you find that having a catchall phrase like "such other and further relief" actually preserves your ability to get relief to which you otherwise wouldn't have access? My experience here (both state and federal) is that, in those instances when the law requires one to specify certain relief, one had better do it or one won't get it; in other instances, you'll get what the judge thinks appropriate whether or not you use it.
Who knows, but I'm still going to use the phrase, "just in case...!!!"
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Re: Advantage Conferences II

Post by soapboxmom »

Gentlemen,

This is getting really interesting. Since the Special Counsel has agreed to work on contigency and will get expenses plus 40- 45% of the take, I took it that with an MBA, CPA and Master of Law degree he is extremely well qualifed to handle a complicated case. It also suggested to me that there were considerable assets to go after. Is that a reasonable conclusion to draw from that Application to Employ Special Counsel? How likely is it that this particular action will go forward?

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Re: Advantage Conferences II

Post by soapboxmom »

Advantage Mentoring says:
Mindset Mentoring Conference

If you are an entrepreneur, or considering becoming one, you will definitely want to attend Advantage Conferences' powerful MMC – the Mindset MentoringSM Conference. At the MMC, AC Founder and President, Tim Darnell, conducts in depth interviews with six Christian millionaires over the span of a highly impactful two-day event.

Becoming a successful business owner is a worthy endeavor. You already have the God-given ability, resources, and talents to do so. At the same time, you should be assured that there is a wealth of information that you should know about owning your own business that you won’t find in textbooks or college courses. And the source of that information should be from people who have risen to levels you desire to attain.

A Christian Millionaire’s mindset is different. You need to discover both their thoughts, and their thinking (the way they think – their MINDSET! Success is achieved by having useful, pertinent information, and the willingness to process and act on that information consistently.

The MMC Interview Sessions consist not of sugar-coated, rah-rah, or shallow, worn out platitudes and illustrations; but are rather in-depth discussions about the good and bad about business ownership and a life of faith which entrepreneurs MUST be aware.
The seventh MMC will occurs March 28-29 in Dallas, Texas. This conference will be well attended, so early registration is encouraged. The MMC sells for $2,995.00 and includes the spouse’s ticket. The venue for the conference will be announced soon.

To order your ticket for the upcoming Mindset MentoringSM Conference in Dallas, TX – March 28-29 , 2008, please e-mail: Advantage-Office@sbcglobal.net, or call the toll-free number below for more information. Iif you are ready to order, simply return the registration form that you will be sent with a cashier's check or certified funds made out to Advantage Conferences for $2,995.00, plus $5.00 handling, and send via Federal Express to:

Advantage Conferences

1513 Home Park Dr.Allen, TX 75002

1-888-832-7635............

The next Mindset Mentoring Conference takes place November 14th & 15th in Dallas, Texas, and it will be packed!
Tim Darnell and Jack Weinzierl have attended all those Millionaire Mindset / Mindset Mentoring Conferences and it appears they have mentored themselves into nouveau riche trash that has burned through their ill-gotten gain. Apparently, all they are now is the leaders of the Pauper Support Group. If that isn't a glowing testimonial, I don't know what is. Obviously these guys didn't learn a thing at those conferences.

Timmy told the Better Business Bureau that the conferences were to teach folks about business and not just a means of promoting his adjudicated pyramid scheme. Timmy storied on that one. Advantage Conferences with a few other MLM scams are all he and Jack have done for years.

Who is doing all the calls now? Is it Mr. Litigious or Mr. Bankrupt ( being investigated for fraudulent transfers )?

Now, as to that postponed conference date. We know that it will never be packed and you are not meeting in November. Selling advance tickets to a conference in March 2008 is hilarious. I think you missed the boat on that one boys. Brilliant Businessmen in action! We are still waiting to hear about those Super Conferences! Come on boys tell us when those are scheduled. Are you still harrassing those 5 lucky people to fund one in their area? You boys are good for a laugh! I take it the happy truck is not coming around much any more.

http://mysite.verizon.net/resurlf0/adva ... /id13.html

I guess we could all hop in the time machine and go to that conference.

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Re: Advantage Conferences II

Post by soapboxmom »

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PURCHASE: If you would like to attend this event, purchase your ticket by e-mailing your request for information to:

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See You there!

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2008. ADVANTAGE CONFERENCES. ALL RIGHTS RESERVED
The bankrupt and destitute are having a Paupers Support Group meeting. Tim and Jack don't you have other challenges to address? Are you going to pass around a collection plate?

http://www.co.collin.tx.us/TaxStatement ... ype=notNS4

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Re: Advantage Conferences II

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It really is a hoot that Bankrupt Jack is teaching "the techniques and rules that create huge incomes". It's kinda like the Chicago Cubs teaching "How to Win the World Series".

Do they take questions from the audience?
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Re: Advantage Conferences II

Post by Prof »

If I read the schedules filed by "JACK WEINZIERL" in the Plano, Texas bankruptcy correctly, the man has no equity in his home, drives a "fleeced" Mercedes, and was going to surrender the car he actually owned (a Tahoe) because he was "underwater" on that vehicle. This is not a person who has earned/created wealth. His financial condition can best be described as "destitute," at least as of the date of the sworn schedules.
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Re: Advantage Conferences II

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By order filed October 7, Judge Rhoades approved the application of the Chapter 7 trustee to hire special counsel.

Again, Prof knows far more about this stuff than I, but I'd say this is a Bad Sign for Weinzierl (especially if he hoped to have the Court approve a dismissal).
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Re: Advantage Conferences II

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http://www.themarketleaders.com/music/p ... =1&s=0&r=0

Tim Darnell said something about his band, Dreamer, selling 1 million albums. Listen to the link from Tim Darnell's new album due out this December and you will know why we can't find one album or reference to that Christian group anywhere.

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Re: Advantage Conferences II

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Barry Manilow on Quaaludes.
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Re: Advantage Conferences II

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Due to its size, I split off the last few posts and locked this thread.
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