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<blockquote data-quote="Wincenworks" data-source="post: 9085263" data-attributes="member: 7038835"><p>Recognition of escargot as an elite food... <img class="smilie smilie--emoji" loading="lazy" alt="🤤" title="Drooling face :drooling_face:" src="https://cdn.jsdelivr.net/joypixels/assets/8.0/png/unicode/64/1f924.png" data-shortname=":drooling_face:" /></p><p></p><p></p><p></p><p>Well more specifically he talked over the trustee, which could be Zoom or could be him being a jackass - but either way the trustee was unphased since it's pretty common for people in bankruptcy hearings to be at less than their best due to the stress it places upon them. Also his lawyer wasn't really supposed to talk much at the hearing, the purpose of it was for Justin to answer questions himself.</p><p></p><p>Much bigger issues in the hearing were:</p><p></p><ul> <li data-xf-list-type="ul">Not having any of the standard documentation on hand</li> <li data-xf-list-type="ul">General inability to answer basic questions of fact relating to the business</li> <li data-xf-list-type="ul">Adlibbing in changes to documents/arrangements on the fly</li> <li data-xf-list-type="ul">Providing unhelpful elaborations when asked yes/no questions</li> <li data-xf-list-type="ul">Responding to simple questions of fact with accusations of criminal wrong doing</li> </ul><p></p><p>He also made several tactical errors going into it:</p><p></p><ul> <li data-xf-list-type="ul">He filed TSR LLC's returns a look through company, meaning his own taxes are on the line</li> <li data-xf-list-type="ul">He didn't have a clear narrative for why he picked one day in particular for a bunch of things to happen (credit notes come due, retroactive applications to be filed, etc)</li> <li data-xf-list-type="ul">He didn't have clear dates or explanations for when various changes/transfers etc happened</li> <li data-xf-list-type="ul">He relies heavily on the claim that multiple companies where he is the sole member operated on "verbal contracts" that all seem to benefit the non-bankrupt entity</li> <li data-xf-list-type="ul">He filed the company income as an extension of his own tax return, rather than keeping it as two completely separate entities</li> <li data-xf-list-type="ul">Throwing his NC lawyer, who was not present, under the bus</li> </ul><p></p><p>All these things have clearly piqued the trustee/counsel's interest. </p><p></p><p>Though this is illustrative of another of the reasons why piercing the corporate veil is such a rare event - no need to go through a complex, ultra specific request to violate the sanctity of limited liability companies when you can use insolvency clawbacks and overdrawn accounts to get the same result.</p><p></p><p></p><p></p><p>Justin's NC lawyer for the WotC case is a patent lawyer who has worked diligently to become the #2 in a two man firm.</p><p>Justin's NY lawyer for the case against Tenkar is a criminal defence lawyer who clearly does not normally do civil litigation and doesn't know how to shift gears.</p><p></p><p>Justin's WA lawyer for the WotC case and bankruptcy lawyers seem to pretty competent lawyers who are doing their job but can only do so much for what they have to work with - so honestly he's not losing that much extra with other two - if anything they obfuscate how much of the problems are his own doing.</p><p></p><p>Also like, I don't think even the most skilled and prescient lawyer would have been able to anticipate Michael's submission including evidence of partnerships, or Justin showing up to the hearing without his paperwork etc.</p></blockquote><p></p>
[QUOTE="Wincenworks, post: 9085263, member: 7038835"] Recognition of escargot as an elite food... 🤤 Well more specifically he talked over the trustee, which could be Zoom or could be him being a jackass - but either way the trustee was unphased since it's pretty common for people in bankruptcy hearings to be at less than their best due to the stress it places upon them. Also his lawyer wasn't really supposed to talk much at the hearing, the purpose of it was for Justin to answer questions himself. Much bigger issues in the hearing were: [LIST] [*]Not having any of the standard documentation on hand [*]General inability to answer basic questions of fact relating to the business [*]Adlibbing in changes to documents/arrangements on the fly [*]Providing unhelpful elaborations when asked yes/no questions [*]Responding to simple questions of fact with accusations of criminal wrong doing [/LIST] He also made several tactical errors going into it: [LIST] [*]He filed TSR LLC's returns a look through company, meaning his own taxes are on the line [*]He didn't have a clear narrative for why he picked one day in particular for a bunch of things to happen (credit notes come due, retroactive applications to be filed, etc) [*]He didn't have clear dates or explanations for when various changes/transfers etc happened [*]He relies heavily on the claim that multiple companies where he is the sole member operated on "verbal contracts" that all seem to benefit the non-bankrupt entity [*]He filed the company income as an extension of his own tax return, rather than keeping it as two completely separate entities [*]Throwing his NC lawyer, who was not present, under the bus [/LIST] All these things have clearly piqued the trustee/counsel's interest. Though this is illustrative of another of the reasons why piercing the corporate veil is such a rare event - no need to go through a complex, ultra specific request to violate the sanctity of limited liability companies when you can use insolvency clawbacks and overdrawn accounts to get the same result. Justin's NC lawyer for the WotC case is a patent lawyer who has worked diligently to become the #2 in a two man firm. Justin's NY lawyer for the case against Tenkar is a criminal defence lawyer who clearly does not normally do civil litigation and doesn't know how to shift gears. Justin's WA lawyer for the WotC case and bankruptcy lawyers seem to pretty competent lawyers who are doing their job but can only do so much for what they have to work with - so honestly he's not losing that much extra with other two - if anything they obfuscate how much of the problems are his own doing. Also like, I don't think even the most skilled and prescient lawyer would have been able to anticipate Michael's submission including evidence of partnerships, or Justin showing up to the hearing without his paperwork etc. [/QUOTE]
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