Medical Dental Development, LLC v Pierson, et al

mimi · **Posted:** Fri Dec 09, 2011 12:04 pm

And just when she has so much else on her plate. What about her senate campaign? What about her ballot challenges around the country? :-({|=

SueDB · **Posted:** Fri Dec 09, 2011 12:24 pm

Sucks to be Orly ... all the time...

verbalobe · **Posted:** Fri Dec 09, 2011 12:52 pm

Clarke's Third Law:

Any sufficiently advanced technology virulent incompetence is indistinguishable from magic fraud.

Sequoia32 · **Posted:** Fri Dec 09, 2011 1:04 pm

Wait... so Orly actually didn't win the one case we thought she won?

And if they can pin fraud on her will the CA Bar finally act?

Sterngard Friegen · **Posted:** Fri Dec 09, 2011 1:35 pm

Sequoia32 wrote:

Wait... so Orly actually didn't win the one case we thought she won?

And if they can pin fraud on her will the CA Bar finally act?

The California State Bar is getting ready to nominate Taitz for the Nobel Peace Prize. Take a look at this case, In re Kinney, decided yesterday, about a lawyer who has been a vexatious litigant over trivial matters for years. His bar record is clean (assuming it's the same Charles G. Kinney; but there's only 1 in California).

Taitz will never be disbarred or disciplined.

ZekeB · **Posted:** Fri Dec 09, 2011 1:38 pm

Sequoia32 wrote:

Wait... so Orly actually didn't win the one case we thought she won?

And if they can pin fraud on her will the CA Bar finally act?

Aw shucks. I merely wondered of O'rly ever got the judgment filed. I open a can and out comes the worms. O'rly Taitz and her 99 clown circus act. My main reason for being here. :lol:

Sterngard Friegen · **Posted:** Fri Dec 09, 2011 2:04 pm

OK. I couldn’t take it any more. I went to PACER to see if David Johnson – the chiropractor who lost his breach of lease case to Medical Dental (Orly Taitz) – filed for bankruptcy. And I was not disappointed.

David Johnson filed for bankruptcy and his obligations to Medical Dental were discharged just last month.

Quote:

8:11-bk-20423-MW David A. Johnson
Case type: bk Chapter: 7 Asset: No Vol: v Judge: Mark S Wallace
Date filed: 07/26/2011 Date of last filing: 11/28/2011
Debtor discharged: 11/17/2011
Date terminated: 11/22/2011

Attorneys

Orly Taitz
Law Offices of Orly Taitz
29839 Santa Margarita PKWY
Ste 100
Rancho Santa Margarita, CA 92688
949-683-5411
949-766-7603 (fax)
Assigned: 11/23/2011
LEAD ATTORNEY representing Medical Dental Development LLC
(Creditor)
Bruce D White
White & Roseman
1201 Dove St Ste 480
Newport Beach, CA 92660-2812
949-622-6100
949-852-2141 (fax)
whiteandroseman@aol.com
Assigned: 07/26/2011
LEAD ATTORNEY representing David A. Johnson
6 Thorn Oak
Dove Canyon, CA 92679
(Debtor)

Taitz claims she only found out about this in mid November, at which time she made an ex parte motion challenging the discharge – which was denied the next day – and subsequently two more motions seeking to re-open the bankruptcy.

Taitz's theory is that Dr. Johnson could have sold his practice for $500,000 (pulling figures out of her Yahoo) and agree not to compete and move away. And that money could have been used to pay Medical Dental. I'm not sure that's the "fresh start" contemplated by the Bankuptcy Code.

Here’s the most recent docket (and I’m sure Jack Ryan will soon have the filings loaded on Scribd):

Quote:

Filing Date # Docket Text

11/22/2011 18 Bankruptcy Case Closed - DISCHARGE (Gonsales, Otoniel) (Entered: 11/22/2011)

11/22/2011 19 Emergency motion To Set Aside Discharge Of Debtor Due To Lack Of Notification Of Bankruptcy Filing To Major Creditor, Due To Bankruptcy Application Being Filed By Fraud Upon The Court And Creditors Committed By Debtor David Johnson, His Attorney and Trustee Filed by Creditor Medical Dental Development LLC (Bolte, Nickie) (Entered: 11/23/2011)

11/23/2011 20 Order Denying Emergency Motion To Set Aside Discharge Of Debtor (Related Doc # 19 ) Signed on 11/23/2011 (I, deputy clerk who is making this entry, certify that service on all parties under Section II was completed, Bolte, Nickie) (Entered: 11/23/2011)

11/25/2011 21 BNC Certificate of Notice - PDF Document. (RE: related document(s) 20 Order (Generic)) No. of Notices: 2. Notice Date 11/25/2011. (Admin.) (Entered: 11/25/2011)

11/28/2011 Receipt of Reopen Chapter 7 Filing Fee - $260.00 by 12. Receipt Number 80043610. (admin) (Entered: 11/29/2011)

11/28/2011 22 Ex Parte Emergency Motion to Reopen the Bankruptcy due to lack of notification of bankruptcy filing to major creditor, due to bankruptcy application being filed by fraud upon the court and creditors committed by debtor David Johnson, his Attorney and Trustee Under Rule LBR 5010 Filed by Creditor Medical Dental Development LLC. (Bernson, Alicia) (Entered: 11/29/2011)

11/28/2011 23 Emergency Motion to Set Aside Discharge of Debtor due to lack of notification of bankruptcy filing to major creditor, due to bankruptcy application being filed by fraud upon the court and creditors committed by Debtor David Johnson, His Attorney and Trustee Filed by Creditor Medical Dental Development LLC. (Bernson, Alicia) (Entered: 11/29/2011)

Yes, indeed. Taitz is accusing the bankrupt, his attorney and the bankruptcy trustee (a federal official) of committing fraud.

November and December 2011 have not been good months for the Chaleria. And yet, she valiantly continues.

ZekeB · **Posted:** Fri Dec 09, 2011 2:47 pm

O'rly Taitz - champion of her own losing causes.

A Legal Lohengrin · **Joined:** Tue Oct 26, 2010 9:56 pm **Posts:** 9345

Sterngard Friegen wrote:

November and December 2011 have not been good months for the Chaleria. And yet, she valiantly continues.

The Chaleria should look on the bright side. Now, her unblemished record of total failure at everything she does is returned to its pristine state.

bob · **Posted:** Fri Dec 09, 2011 2:56 pm

To recap:

Named defendant declared bankruptcy, which resulted in his obligation to Taitz being discharged. But, for her efforts, Taitz can claim she won a case, and now has a nice judgment, suitable for framing. But she doesn't get to collect the money.

Taitz is now going after another defendant/debtor, who is claiming he was never served (by Taitz). If this defendant prevails on his claim, the judgment will be void as to him, and Taitz will have to start over.

IIRC, the third defendant was rumored to had previously declared bankruptcy, and was dismissed from the suit.

Yes?

Edit: Not quite.

ZekeB · **Posted:** Fri Dec 09, 2011 3:00 pm

I thought Taitz was ordered by the judge to report back on the status of a "rumored" bankruptcy. I suspect that she committed fraud on the court. Is that really winning?

realist · **Joined:** Fri Jan 23, 2009 1:33 pm **Posts:** 23538

The documents mentioned by Stern are now linked here and at his original post upthread.

Quote:

Filing Date # Docket Text

11/22/2011 18 Bankruptcy Case Closed - DISCHARGE (Gonsales, Otoniel) (Entered: 11/22/2011)

11/22/2011 19 Emergency motion To Set Aside Discharge Of Debtor Due To Lack Of Notification Of Bankruptcy Filing To Major Creditor, Due To Bankruptcy Application Being Filed By Fraud Upon The Court And Creditors Committed By Debtor David Johnson, His Attorney and Trustee Filed by Creditor Medical Dental Development LLC (Bolte, Nickie) (Entered: 11/23/2011)

11/23/2011 20 Order Denying Emergency Motion To Set Aside Discharge Of Debtor (Related Doc # 19 ) Signed on 11/23/2011 (I, deputy clerk who is making this entry, certify that service on all parties under Section II was completed, Bolte, Nickie) (Entered: 11/23/2011)

11/25/2011 21 BNC Certificate of Notice - PDF Document. (RE: related document(s) 20 Order (Generic)) No. of Notices: 2. Notice Date 11/25/2011. (Admin.) (Entered: 11/25/2011)

11/28/2011 Receipt of Reopen Chapter 7 Filing Fee - $260.00 by 12. Receipt Number 80043610. (admin) (Entered: 11/29/2011)

11/28/2011 22 Ex Parte Emergency Motion to Reopen the Bankruptcy due to lack of notification of bankruptcy filing to major creditor, due to bankruptcy application being filed by fraud upon the court and creditors committed by debtor David Johnson, his Attorney and Trustee Under Rule LBR 5010 Filed by Creditor Medical Dental Development LLC. (Bernson, Alicia) (Entered: 11/29/2011)

11/28/2011 23 Emergency Motion to Set Aside Discharge of Debtor due to lack of notification of bankruptcy filing to major creditor, due to bankruptcy application being filed by fraud upon the court and creditors committed by Debtor David Johnson, His Attorney and Trustee Filed by Creditor Medical Dental Development LLC. (Bernson, Alicia) (Entered: 11/29/2011)

Yes, indeed. Taitz is accusing the bankrupt, his attorney and the bankruptcy trustee (a federal official) of committing fraud.

bob · **Posted:** Fri Dec 09, 2011 3:12 pm

Here's the (huuuuuuge) judgment:
xxx-http://www.orlytaitzesq.com/?p=20365

It looks like the judgment was against all three, subject to the "rumored" bankruptcy of one of the defendants (Isklander, not Pierson).

So: Johnson declared bankruptcy and discharged, and Taitz is now disputing; and Pierson is claiming he was not served by Taitz. Isklander was rumored to have entered bankruptcy.

mimi · **Posted:** Fri Dec 09, 2011 3:12 pm

Everything Orly puts out is captioned "Emergency Motion" to something or other.

Sterngard Friegen · **Posted:** Fri Dec 09, 2011 3:16 pm

Someone asked me privately if Medical Dental was on the creditors' matrix. If so, would the court have sent out notice of the bankruptcy, not the debtor? It's a lot harder to accuse the court of fraud (unless you're the Chaleria).

In response to the PM here is what appears on the court docket:

Quote:

8:11-bk-20423-MW David A. Johnson
Case type: bk Chapter: 7 Asset: No Vol: v Judge: Mark S Wallace
Date filed: 07/26/2011 Date of last filing: 11/28/2011
Debtor discharged: 11/17/2011
Date terminated: 11/22/2011

Creditors

Internal Revenue Service
Central Solvency Operations
P.O. Box 7346
Philadelphia, PA 19101-7346 (29912154)
(cr)
Medical Dental Development LLC
C/O Orly Taitz, Esq.
29839 Santa Margarita Parkway, Suit
Rancho Santa Margarita, CA 92688 (29912155)
(cr)
Orange County Family Support
PO Box 448
Santa Ana, CA 92704 (29912156)
(cr)
US Department Of Education
PO Box 5609
Greenville, TX 75403-5609 (29912157)
(cr)
Verizon Wireless
10734 International Drive
Rancho Cordova, CA 95670-7359 (29912158)
(cr)

Will anyone believe that Taitz did not receive notice? Did she receive notice and throw it out because it was "garbage"?

mimi · **Posted:** Fri Dec 09, 2011 3:17 pm

I'm pretty sure any of us can testify for Obly that she lost control of her yahoo long ago.

A Legal Lohengrin · **Joined:** Tue Oct 26, 2010 9:56 pm **Posts:** 9345

Sterngard Friegen wrote:

Will anyone believe that Taitz did not receive notice? Did she receive notice and throw it out because it was "garbage"?

Important, Constitutional decedent lawyer cannot be expected, to open every piece of mail, from stupid bun-dog court!

Foggy · **Posted:** Fri Dec 09, 2011 3:23 pm

I suppose it's possible Orly didn't obtain a complete understanding of bankruptcy at Taft.

I think she saw the notice and thought bankruptcy=broke and had a little chuckle but took no action, not realizing that the debt owed to her could be discharged.

This would fit Orly's MO to a T.

Sterngard Friegen · **Posted:** Fri Dec 09, 2011 3:26 pm

But wait, there's more!

Looks like Dr. Raif Iskander -- the third tenant -- was in bankruptcy at or about the time of the alleged breach of lease, and that he was discharged before Taitz filed her lawsuit. Here’s a partial creditor’s list:

Quote:

8:07-bk-11154-TA Raif W Iskander
Case type: bk Chapter: 7 Asset: No Vol: v Judge: Theodor Albert
Date filed: 04/23/2007 Date of last filing: 02/02/2010
Debtor discharged: 05/04/2009
Date terminated: 02/02/2010

Creditors
* * *
DAVID JOHNSON
PO BOX 80005
RANCHO SANTA MARGARITA
CA 92688 (19092714)
(cr)
* * *

FRANCHISE TAX BOARD
SPECIAL PROCEDURES
P.O. BOX 2952
SACRAMENTO, CA 95812-2952 (19092719)
(cr)
* * *
INTERNAL REVENUE SERVICE
MAIL STOP 5503
24000 AVILA ROAD
LAGUNA NIGUEL, CA 92677 (19092722)
(cr)
* * *
ORLY TAITZE
29839 SANTA MARGARITA PKWY
SUITE 100
R. SANTA MARGARITA, CA. 92688 (19092730)
(cr)
PIERSON TODD
PO BOX 80005
RANCHO SANTA MARGARITA
CA. 92688 (19092731)
(cr)
* * *

This will be rich if Taitz successfully contends that putting her down as a creditor rather than her company, Medical Dental, did not constitute adequate notice to her. Alter ego anyone?

bob · **Posted:** Fri Dec 09, 2011 3:34 pm

Sterngard Friegen wrote:

Looks like Dr. Raif Iskander -- the third tenant -- was in bankruptcy at or about the time of the alleged breach of lease, and that he was discharged before Taitz filed her lawsuit.

So two of the defendants declared bankruptcy and discharged. And the third defendant is now claiming he was never served.

Net income of the Law Offices of Orly Taitz: -$20,250.

realist · **Joined:** Fri Jan 23, 2009 1:33 pm **Posts:** 23538

Soooooo... Iskander was discharged in bankruptcy on 5/4/09 (with Orly listed as a creditor), the case was terminated on 2/2/10 and Orly filed suit on 4/28/10, thus suing a creditor whose debt to her had already been discharged.

Who is commiting fraud on the court here?

kate520 · **Posted:** Fri Dec 09, 2011 3:39 pm

mimi wrote:

Everything Orly puts out is captioned "Emergency Motion" to something or other.

Until a couple of judges in a row smack her for it, she will continue to use the same old same old to skate whenever she screws up: widely and wildly casting blame everywhere except where it belongs (usually on her), greymail and unearthly screeching. No one can stand the screeching.

Foggy · **Posted:** Fri Dec 09, 2011 3:46 pm

She's gonna have a dilly of a time persuading her Moonbat Army to reimburse her for this one ... :-k

Sterngard Friegen · **Posted:** Fri Dec 09, 2011 3:47 pm

bob wrote:

Sterngard Friegen wrote:

Looks like Dr. Raif Iskander -- the third tenant -- was in bankruptcy at or about the time of the alleged breach of lease, and that he was discharged before Taitz filed her lawsuit.

So two of the defendants declared bankruptcy and discharged. And the third defendant is now claiming he was never served.

Net income of the Law Offices of Orly Taitz: -$20,250.

So far. There is always 2012.

fava · **Joined:** Mon Oct 05, 2009 12:51 pm **Posts:** 151

Let me get the time-line correct here, I am sure someond will correct me if I am wrong.

3 doctors lease space from Orly. They are Iskander, Johnson and Pierson. The doctors default on the lease.

Iskander declares bankruptcy, lists Orly as a creditor, and has his debt discharged without payment to Orly.

Orly sues all 3.

Johnson shows up for the trial.

Orly WINS against Johnson, Pierson declared in default. Iskander is removed from suit?

Johnson declares bankruptcy, lists Orly as a creditor, and has his debt discharged without payment to Orly.

Orly claims fraud and tries to reopen the Johnson bankruptcy. Orly fails.

Orly tries to collect from Pierson.

Pierson comes forward and claims he was never notified of the lawsuit and tries to reopen the case.

Falsehoods unchallenged only fester and grow.

Medical Dental Development, LLC v Pierson, et al

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