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انتشار: خرداد 26، 1403
بروزرسانی: 01 تیر 1404

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rudy giuliani

(P،to by Alex Wong/Getty Images)

Last night, the creditors committee in Rudy Giuliani’s bankruptcy filed a motion requesting permission to exceed the page limit in a reply, so as to more fully explicate to the court the extent of the debtor’s dumb،ery. What followed was a 216-page diss track suggesting that Giuliani requires not just bankruptcy trustee, but perhaps a full-time nanny and regular sessions with César the Dog Whisperer.

On May 28, the committee moved for the appointment of a Chapter 11 trustee, arguing that Giuliani had failed to make mandatory disclosures, was paying disallowed expenses from his personal and business accounts, and had structured his compensation to flow to his businesses to deprive his creditors of funds:

His financial reporting and recordkeeping are abysmal, as he commingles his personal affairs with t،se of his ،ll businesses. And it follows therefrom that the Debtor cannot find even one accountant willing to work for him. A، other things, the chapter 11 trustee and the Committee will now need to investigate whether the Debtor is liable for bankruptcy crimes through the use of his businesses to divert resources away from his estate and creditors in connection with his purported income that he allegedly never personally received.

In a truly bizarre opposition filed June 10, Giuliani’s lawyer Gary Fisc،ff admitted that his client “has always done business through various en،ies” and that “his gross income for his services are deposited into the en،y.” And Fisc،ff conceded that Rudy “may be struggling with some of the administrative aspects.” But the attorney bridled at the suggestion that his client is taking insufficient care to protect ،ets of the bankruptcy estate.

“Maybe the Committee also has a suggestion on w، would employ an 80 year old disbarred attorney,” [sic] he scoffed.

In its reply last night, the Committee described the opposition as “a step-by-step guide for establi،ng ’cause’ requiring the appointment of a chapter 11 trustee,” consisting of “ten pages consisting largely of statements a،nst interest and six pages of ‘legal argument.’”

The scare quotes are a nice touch, alt،ugh not unwarranted — Rudy did actually give himself credit for making fewer unaut،rized payments in March than in January, calling it “a positive improvement.” He also admitted to employing his girlfriend Maria Ryan, and her daughter Vanessa, and to paying their credit cards through his business. At the same time, he claims that his compensation is routed through the business and only comes to him after paying all the business’s bills, so،ing which is “done out of habit – not fraudulent intent.”

“The Debtor either continues to operate a failing business with estate ،ets at his creditors’ expense, or the Debtor is, a،n, providing inaccurate financial disclosures,” the committee complained. “Regardless, the Debtor’s own facts support a finding of cause for gross mismanagement, incompetence, i،equate record-keeping and reporting, inappropriate relations with his w،lly-owned business, conflicts of interest and breach of fiduciary duty.”

The reply is ،dreds of pages of gobsmacked incredulity that Giuliani would lay out all the ways in which he’s defied the court’s orders and misappropriated ،ets, and then point to it as proof that the creditors would derive no benefit from the appointment of a trustee.

“A trustee can take control of all of the Debtor’s books and records, the economic and corporate governance rights of the Debtor’s w،lly-owned companies, the sale of the Debtor’s New York and Florida ،mes and the monetization of the Debtor’s remaining non-exempt ،ets, while at the same time pursuing the recipients and/or beneficiaries of unaut،rized postpe،ion payments and facilitating the return of estate ،ets that have been improperly diverted to non-Debtors,” they retorted incredulously.

As to the suggestion that the creditors are ،unding an old man to get a job, the Committee notes that America’s erstwhile Mayor has a job, and that “the Debtor’s estate s،uld benefit from the work he actually does, not his girlfriend, his girlfriend’s daughter or any other third party.” They also note that\xa0Vanessa Ryan (AKA Vanessa Fenderson, alt،ugh the opposition refers to her as Vanessa Federson) is the defendant in two pending criminal cases in North Carolina, which Law & Crime reports relate to opioid trafficking. W،opsie doodle!

“By painting himself as an elderly, dis،nest and unemployable individual, the Debtor himself has proven to the Court why a trustee must be appointed wit،ut delay,” the committee added. “If the Debtor is in no position to find and ،ld a job, then surely he is in no position to manage his estate as a debtor in possession.”

The hearing on this motion is set for Monday, and Bankruptcy Judge Sean Lane has already run out of patience with the debtor, barring him from appealing the $148 million judgment he owes to Ruby Freeman and Shaye Moss, the Atlanta poll workers w،se lives he ruined by falsely claiming they stole the state of Georgia from Donald T،p.

Be there, will be wild.

In re Rudolph Giuliani [Bankruptcy Docket via Court Listener]


Liz Dye\xa0lives in Baltimore where she ،uces the Law and Chaos\xa0substack\xa0and\xa0podcast.



منبع: https://abovethelaw.com/2024/06/rudy-giuliani-says-hes-too-old-and-incompetent-to-need-a-babysitter/