Buy me some food

Time to Election 2013

Tweeter feed

Share it

face book

share

Share |

Wednesday, June 16, 2010

Barbara Bouchey kicks NXIVM in the teeth



Barbara Bouchey won a mayor Victory today as the Bronfman Brats lawsuit has been dismissed and they're going to have to assert any claims they have against her back here in her bankruptcy case - and she gets to keep her files and records concerning their $100 million of NXIVM-related expenditures.
Here's to you Ms. Bouchey
Unleash the hounds and let the falcons fly;
our fields are filled with rats and mice and moles
who eat our wheat and tunnel ‘neath our rye.
Unleash the hounds and let the falcons fly,
to hunt the vermin in our food supply,
to rip them from their nests and hidden holes.
Unleash the hounds and let the falcons fly;
Our fields are filled with rats and mice and moles



Statement from Barbara Bouchey

Wednesday, June 16, 2010

Re: Ruling in US Bankruptcy Court, Northern District of New York

“I am very pleased with the court’s ruling today to allow my Chapter 11 filing to proceed, and to reject the motion by the Bronfmans to interfere with this process. I am anxious to move forward with the difficult but necessary task of reorganizing my business and personal finances.

My involvement in and cooperation with the extensive ongoing litigation surrounding NXIVM and its principals has been very costly to me personally and I have no choice but to seek relief from the bankruptcy court at this time.

However, I am pleased the judge denied the Bronfman’s request to continue their lawsuit against me in California, and that both parties have now agreed that case (Bronfman v. Bouchey, LA Superior Court) will be withdrawn.

I look forward to getting my financial reorganization plan in place with the federal court and returning full time to my financial planning practice.




I would like to add as a Catholic I am a firm believer in personal redemption regardless of ones beliefs or no beliefs at all. I think Bouchey is well on her way to exposing this cult for the con people they are.
Below her lawyers winning motion


UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF NEW YORK

____________________________________

In Re: Barbara J. Bouchey

Debtor

Case No. 10-12207

Chapter 11

_____________________________________

REPLY BRIEF

MOTION TO DISSOLVE TEMPORARY RESTRAINING ORDER AND

OPPOSITION TO MOTION TO MODIFY 11 U.S.C. §362(a) STAY

Dated: June 15, 2010

Respectfully Submitted

/s/ Richard Croak

__________________

Richard Croak

Attorney For Debtor

314 Great Oaks Blvd.

Albany, NY 12203

Tel 518-690-4410

fax 518-690-4435

rcroak@richardcroak.com

Facts

The following is a brief summary of the relevant facts. Clare and Sara Bronfman are

members of the Nxivm cult. The debtor, Barbara Bouchey is a prior cult member. Over the years

it has been the cult’s modus operandi to harass former members with frivolous law suits. Most

relevant to the current litigation is a case in California over a fail real estate venture involving

the Bronfmans and the Plyams. The Plyams subpoena the business record of Bouchey. The

current application pending before this Court is in part to deny the Plyams the ability to

introduce Bouchey’s business records. Apparently these records which have never left New

York State contain information that show the Bronfmans engaged in a conspiracy to forge

documents.

The LA County case is brought on the assumption that some tort occurred in California.

But what tort could it be answering a subpoena in New York? Moreover, the entire basis of the

Bronfman allegations is that Bouchey is a fiduciary. She is not. Saying it over and over again

does not make it true. Not one case of a financial planner being a fiduciary exists.

The order to show cause was submitted in violation of F.R.C.P. 65 and F.R.B.P. 7065.

No attempt was made to comply. The answering papers still fail to state any grounds for relief.

No explanation is given for the deliberate violation of the local rule.

POINT I

There are Four Factors that Must Be Shown to Justify the Issuance of A Temporary

Restraining Order. None exist in This Case.

(1) the likelihood of plaintiff's success on the merits; (2) whether the injunction will save the


plaintiff from irreparable injury; (3) whether the injunction would harm others; and (4) whether

the public interest would be served by the injunction. See In re: The Fairchild Corporation, et al.,

Chapter 11, Debtors. Case No. 09-10899 (CSS) (Bankr. D.Del., 2009) Docket No. And In re

SHELLY'S, INC., 87 B.R. 931 (Bankr. S.D. Ohio, 1988).

The moving papers failed to set forth any of the four criteria or even mention them. Most

specifically the movants failed to show irreparable injury or any injury that would result for the

debtor maintaining her business records. The argument seems to be that the Bronfmans have an

interest in the debtor’s records. If so where does it come from. There exists no statute or common

law basis for an individual to claim an interest in another’s business records. Saying that these

records are the Bronfmans’ records is a falsehood. The Bronfmans records were returned

already. These are the debtors records maintained in the ordinary course of business. To deny her

use of her own records (as the TRO here does) prevents her from engaging in her occupation.

Point II

The California Action is Without Merit, and There is No Likelihood of Success for The Movants

in that Action.

As set forth in the papers of Debtor Bouchey’s California lawyers show there is neither

merit to the California suit nor jurisdiction in the California Court. See Exhibit A. As set forth

there in no jurisdiction exists for the case in California. All the parties reside in New York.

Moreover, the subject matter of the suit is a set of documents that reside in New York. Any

California judgement would require a separate action for enforcement in New York.

The question is why go to California in the first instance. Well that is very clear the

Debtor has paid Allred, Maroko & Goldberg $49,905.68 and owes another $32,777.03 in fees for

defending her in what is clearly a frivolous action. See exhibit B



IN CONCLUSION

The movants violated both the Local and Federal Rules of procedure bring on what is a

completely meritless motion. The relief should be denied in all respects.


The loosing brief is HERE




12 comments:

Anonymous said...

Someone get that woman 24-hour security protection. I'm not kidding. These manaics will not take this laying down.

Fuck you and the horse you rode in on said...

i can't fucking wait to see whats in those files

Eileen said...

In two weeks if I don't get a job I'll be homeless and living in my old truck. I do odd jobs but it's not enough for rent. Not sure I'm ready for this.

Anonymous said...

Justice is served in packages of all sizes. God doesn't like people who oppress others while hypocritically misusing "ethics". What goes around comes around.

Anonymous said...

It's about time that the court system catches on to the antics of the smartest man in the world and his followers who do his suing. OK, maybe not so smart but a big chicken shit as it appears he hides behind his girls and let’s them file his suits.

Must be why he needs to prove his manhood to himself and his inner girls in bed. Also shows his larger community what a humanitarian his is as most do not see what goes on behind the smoke screen of ethics, self-improvement, and building a better world.

If Clare and Sara Bronfman are going to attempt another suit in Judge Littlefield’s court at least the judge is aware of what the Bronfmans / NXIVM attorney’s are up to.
Check out one of the many, Bronfman’s girls NXIVM attorney firms.

http://www.damon-moreymisconduct.com/.

Gives you an inside view of another way they are willing to spend their trust fund. Seems Clare and Sara Bronfman might be misguided about what is ethical behavior and willingness to go to any lengths to save their beloved Vanguard and Prefect. Only goes to prove Love is blind

Anonymous said...

Four men were bragging about how smart their dogs are.
The first man was an Engineer, the second man was an Accountant, the third man was a Chemist, the fourth was a State Worker.

To show off, the Engineer called to his dog, "T-square, do your stuff." T-square pranced over to a desk, took out some paper and a pen and promptly drew a circle, a square, and a triangle.

Everyone agreed that was pretty smart.

But the Accountant said his dog could do better. He called his dog and said, "Spreadsheet, do your stuff." Spreadsheet went out into the kitchen and returned with a dozen cookies. He divided them into 4 equal piles of 3 cookies each.

Everyone agreed that was good.

But the Chemist said his dog could do better. He called his dog and said, "Measure, do your stuff." Measure got up, walked over to the fridge, took out a quart of milk, got a 10 ounce glass from the cupboard and poured exactly 8 ounces without spilling a drop.

Everyone agreed that was good.

Then the three men turned to the State Worker and said, "What can your dog do?". The State Worker called to his dog and said, "Coffee Break, do your stuff." Coffee Break jumped to his feet, ate the cookies, drank the milk, shit on the paper, had sex with the other three dogs, claimed he injured his back while doing so, filed a grievance report for unsafe working conditions, put in for Worker's Compensation and went home for the rest of the day on sick leave.

Money can't buy happiness, but it sure can rent it said...

Good thing she didn't hire Ron Kim,she'd really be fucked.

Wasted away again in Vanguard-ville said...

I'd like to bang the good looking Bronfman brat. Is she the lesbian, or is it the other one?

But then again, all I'd be thinking about when I'm drilling her is "Vanguard was here."

Of course, that would apply to half the women in Saratoga.

Anonymous said...

Who cares says

I want to hear more about Dalton, not this crappazzola.

Anonymous said...

Awesome victory for Bouchey. I can imagine it now from the upper levels of NXIVM management telling their (unfortunately) brainwashed followers how much of a struggle Jesus and other ethical leaders of the past like him had to see their vision through and how this is an "unfortunate setback" due to evil "suppressives" and their machinations, as if Vanguard, Prefect and the Brofman sisters are even remotely comparable to the likes of them.

Anonymous said...

Ethical not, Jesus not, more a long the lines of Charles Ponzi, Bernie Madoff and Robert Hendy-Freegard. Three of the worlds most famous con men.

Anonymous said...

Anon 3:08 AM was close. But VanTwerp is actually more like the child of Bernie Madoff and David Koresh. An A-1con man -- and a self absobed sociopath who harms other people.
Any suggestions as to who beget Nurse Nancy?