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Agree or disagree with this thought, why? I think Maloof's arguments. as contained in his four briefs, consist entirely of cursory and unsupported statements of
Agree or disagree with this thought, why?
I think Maloof's arguments. as contained in his four briefs, consist entirely of cursory and unsupported statements of fraud committed by the Debtors' counsel. Without some manner of support for these allegations. the court must uphold the determination of the Bankruptcy Court and its independent Examiner that the disposition of the Level Propane businesses in bankruptcy was entirely legitimate and above-board. Although TAL Financial attempts to argue that the Verbos-Anter e-mail evidence is "new." the evidence is indistinguishable from other allegations of fraud raised by Maloof. Those allegations have been thoroughly considered and rejected by both the bankruptcy court and the district court. For the foregoing reasons. {1] the defendant's motion to dismiss is granted. {2} Maloof's motion for leave to le a third amended complaint is denied, and (3) this adversary proceeding is dismissed. The Court will retain jurisdiction to consider possible sanctions against Maloof and his counsel. Moreover. even if the purported emails were somehow found to be authentic. it is a significant jump in logic to assume that just because someone asserts that a judge is in on a conspiracy. that it is in fact true. For example. unbeknownst to an honest judge. a person could falsely state in an email that thejudge was in on some illegal conspiracy. and the honestjudge would otherwise be unaware that someone was claiming the judge to be a part of some illegal conduct. The fact that an examiner and numerous appellate courts have failed to nd any improprieties in Judge Baxter's rulings throughout the many years that these debtors' bankruptcy cases have been pending is testament to the frivolous. scandalous. and implausible nature of Maloof's conspiracy allegations involving. The issues raised in Maloof's Counterclaim is the same. Accordingly. the court nds that Maloof has failed to establish that the Bankruptcy Court had an erroneous view of the law with respect to the nality of its prior decisions. or that its ndings of fact were clearly erroneous in the instant case. I concluded that the evidence described in relation to Verbos. set forth in the second part of the Declaration. authenticates the PST les. The conduct of Caldwell had a secondary or incidental effect on my evaluation of their authenticityStep by Step Solution
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