Judgements

[waziggy]

Is filing BK a good defense in SLAPP suits if the defendant doesn't have funds to defend self. I'm suggesting he try Legal Aid or alternate pro bono help but he thinks BK may be an option that's easier.

[HHM]

WTH is your friend doing involved in a SLAPP law suit. For those that don't know, SLAPP stands for "Strategic Lawsuits Against Public Participation". SLAPPS are typically used by companies to try and put a quash on negative plublicity or other activity that is harmful to the business, I think they were first used against environmental groups to try and get them to stop sabotaging and protesting, etc.

I am not even sure there are many attorney's that could give you answer on that question, it depends on what the suit is seeking. I don't think BK would be much help, it would only temporarily stop the action (automatic stay), and if they are seeking any type of injunction, BK can't deal with it. I suspect the plaintiff could probably lift the automatic stay relatively easily to let the suit proceed to "liquidate" the claim, or the case would be removed to BK court and litigated there. It really depends on how aggressive the plaintiff wants to be.

However, the stats tend to be on the defendant's side, most cases are dismissed, and many states now have anti-slapp laws that allow for summary dismissal.

[waziggy]

Yea, that's basically what the lawyer said about dismissing cases but he's still out a pocket full of money to defend himself getting to the dismissal. He was taking about if he didn't defend himself they would by default get a judgement and I told him some judgements are wiped out by BK from reading here before. He filed a formal complaint with the Attorney General's office and it's an open investigation and while the company hasn't yet answered the AG's inquiry of investigation within the 30 days they did file a lawsuit during the period. The lawyer told him he opened pandora's box for the company kind of like failing an IRS audit - fail one year and they automatically look for the past 5 to 10 years. Nothing like this surprises me around here. Just in the last year we've had or Sec of Agriculture convicted in federal court for taking bribes and her father was a former governor, local U.S. congressman just got hauled away in cuffs for directing federal funds/grants to his local tax exempt under priviledged employment agencies - all the employees of the tax exempt agenices were family members who had company cars - Lexus's. U.S. Marshall's auctioned 8 Lexus's on Saturday. The most current is local county school board is seeking tax increases for funding - their purchasing department failed a state audit - $4M is missing paid to a ficticous supplier who's bank account has two buyers and the procurement managers with atm cards. School board suddenly has multiple HDTV's, spas, and new cars in the bus motorpool warehouse. These were the buyers/managers for the motorpool.