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TwiceHorn

Certifiably Surly
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Everything posted by TwiceHorn

  1. I've been kind of pondering this. I think the "pick winners and losers" thing is way overblown and a product of hindsight bias. The government occasionally "makes investments" in technologies that appear to serve a valid purpose that aligns with some perceived social good. Like all investments and all "speculation" about the success or value of a particular technology, it's a very hit/miss proposition. In hindsight, it seems like picking winners (those who receive the investments) and losers (those who don't). The only example I can think of is the Solyndra debacle under the Obama administration. In truth, Solyndra got loans guaranteed by US DOE after applying through a new technology assistance program. They lied in their application. Shenanigans and losses followed. So, to me, it's not really an issue of picking winners and losers, it's more like to what extent and under what conditions should the government subsidize technology? There is no way to make that foolproof, in the private or public sectors. The question then becomes how smart is the government being about doling out subsidies. And that question arises every time the government doles out subsidies, to anyone, for any purpose. I suppose that you could argue that the government ought to get out of the subsidy business altogether.
  2. This is a limitation on every system. It doesn't do any fucking good to sue someone who aint got no money, other than the "principle" of the thing. Giuliani has something, evidently, in the form of the home, but they're not going to get anywhere near the $150M they've been awarded. Cause Rudy aint got 150M or anything close to it and he owes money all over town. Doesn't have anything to do with bankruptcy. The taxing authorities have priority over a later-taken judgment, regardless, and it's probably true everywhere in the world that has taxes and a civil justice system.
  3. Thirteen is very consumer-oriented. It's a small-scale, cookie cutter Chapter 11 that deals with mortgages, car notes, and credit cards, instead of shareholder's equity, corporate bonds, notes, and paper and big corporate loans.
  4. A Chapter 7 is obviously unfavorable, as it liquidates. Chapter 13 has debt limitations of 2.75M. Eleven is his only option to try to stay semi-solvent and paying on his various debts. Realistically, the US and NY State probably have tax obligations that will follow him to the grave before any other claimant sees a penny.
  5. Yeah there's probably grounds in the original judgment for finding willful and malicious. Even so, it will probably be the subject of an evidentiary hearing in the bankruptcy court and will require the judge to find willful and malicious, one way or another. ETA: I found a little article from a local news station running through this, and Howell's default judgment contained the following: “It is further DECLARED that [Giuliani's] conduct was intentional, malicious, wanton, and willful, such that plaintiffs are entitled to punitive damages . . . ." So, yeah, that's going to go a long way toward nondischargeablity. They'll still have to object and have some kind of briefing and hearing on the issue, so it's not a completely foregone conclusion. This does kind of put the onus on Coomer, Smartmatic, and Dominion to decide whether they want to go through the exercise of trying their cases against Giuliani, probably in a bankruptcy court, with little realistic chance of collecting anything.
  6. Well, assuming Trump loses at the DC Circuit (a very good assumption, btw), he has some dilatory options. One is to ask for rehearing, then rehearing en banc (the full court). Those would be denied with quickness, but would soak up a couple of weeks. Trump then has 90 days, either from the entry of judgment or the denial of rehearing by the DC Circuit to petition for cert. I am not sure there is any way to force him to expedite. Assuming DC Circuit decides in early February, and rehearings are disposed of by mid-February, Trump will have until May to petition for cert. One might assume it would be taken up and granted expeditiously and a shortened briefing schedule perhaps established, but even then, we're probably at the end of the October 2023 term and it wouldn't be resumed until October 2024. So, yeah.
  7. Mount the thing on the garage like a regular person. 😬😬
  8. It is procedural, and it's not the shadow docket, per se. They have, or at least six of them, decided to let it run its normal course. I suspect even the liberal judges (assuming they actively want to fuck Trump), have some qualms about not letting it run through the DC Circuit first. It is conceivable that they quickly deny cert if they're content with the DC Circuit's analysis. Some have predicted that will happen in the Blassingame civil immunity case. But here's the problem: Trump cannot be tried with an immunity question pending on appeal. Nor can he be subjected to discovery, but then criminal defendants aren't really subject to discovery. In any event, if the appeal remains pending on March 4, or near it, the trial date will move. I am reasonably certain that the DC Circuit will resolve the case in late January or February, before March 4. Petitioning for cert does not automatically stay the return of jurisdiction to the trial court, thus freeing the case for trial. But the DC Circuit could rule that it should in this case. Even if they had granted cert and expedited the briefing and oral argument, I'm not sure the Supremes, any of them at any point in history, would resolve it before March 4. The trial date will move, it's virtually guaranteed. The question is, how far. It's a freak show, baby baby on the dance floor. Freak. Show.
  9. Well, it aint over yet for Jones. The plaintiffs are free to pursue their judgments outside of bankruptcy and his corporate bankruptcies may wind up hurting him more than helping him by providing a stronger vehicle for chasing fraudulent transfers, as well as forcing the ongoing businesses either to pay up in part or liquidate.
  10. Many bankruptcies involve stiffing lawyers, it's more common than it is rare. And the dumb son of a bitch has plenty of other debt: 700k to the IRS, another 250k to NYS tax authorities, a $2M judgment to Daniel Gill, and a bunch of other unliquidated contingent debt to Hunter Biden, Dominion, Smartmatic, Eric Coomer and others. The entire petition is here. https://storage.courtlistener.com/recap/gov.uscourts.nysb.319064/gov.uscourts.nysb.319064.1.0.pdf This is not, in all likelihood, a substantial abuse case.
  11. Well, dischargeability in this case has to be ruled upon by the bankruptcy judge after objection to discharge by all of the defamation plaintiffs (there's about half a dozen) and a finding that the damages are the result of willful and malicious conduct. And, those defamation plaintiffs that don't have judgments already may have to try their cases in bankruptcy court, without a jury (Smartmatic, Dominion, Coomer, etc.). It's fairly likely that he will be denied discharge on the Freeman case, but it's not something you can just say "it's non-dischargeable," period.
  12. This has nothing to do with the 14th Amendment. This is presidential immunity arising in the January 6 case. And it's not like they won't review it, they just won't review it right now. I have never said they never helped trump. They helped him plenty of times when he was in office. They just have not, until now, helped him with his post- presidential problems.
  13. What indication is there that this was unanimous? In the final analysis, it's a cert petition that takes four to grant. If you assume that the liberals all want to grant, which may not be a good assumption, they'd need one more.
  14. No you haven't. You have been told that, to date, they have not.
  15. Whether it's a separate crime in and of itself, it's terrific evidence of an act in furtherance of the January 6 conspiracy, with Trump's direct involvement at a very low level.
  16. New York's homestead law protects only 75-150k of equity. And yeah, there's a huge chance the defamation debt will be non-dischargeable. It has to be found to be malicious and willful, and here the court's default judgment, which probably does not include such findings, may mean that it is. But Jones's judgments were defaults, also, and found to be willful and malicious.
  17. It all comes back to that booger of a question that bedevils most of the policy choices confronting America (everywhere else too). What the hell do you do with the morons? The lower half of the normal distribution of populations is not all morons, by any stretch. But they have shown a tendency to refuse to engage higher-order thinking when it is comfortable not to do so.
  18. Congrats. Ours is a downsize that should halve our property taxes, that's the main thing. But we're pretty happy with it. It has a pool and a covered patio with cooking area as well, including a Holland Grill that's kind of cool and a niche for an Egg/Kamado, should I decide to get into smoking.
  19. Consider it, I suppose, but that's generally not SCOTUS' game. What they are more likely to do is hold that the Amendment requires criminal liability or that the findings of a state civil court are some other way inadequate, but not wrong. I don't think the "officer" argument is going to carry the day for Trump, either. While that is not nearly the frivolous argument people want to think it is, because most elected officials are not legally officers of the United States, the President probably is and has been held to be one in other contexts (and also not one in the context of federal officer removal).
  20. Also, for context, when Corn beat us in the semis in 2021, she was part of a salty backcourt and dealt destruction on us with her serve. I think Elliott saw her being able to do the same at Texas and possibly elevate DS play, which was hurtin for certain at that time, pre-Fleck. Turns out Fleck + Emma and now Emma have made her semi-superfluous as a DS, but she's still a very effective server.
  21. Social Security is for the common good. We all pay now so we don't have to pay later.
  22. There's one pending in almost every state. See the lawfare link I posted above. However, some are pro se (by idiots) and some are pro se by lawyers in proprio persona but probably not qualified to take it to the end.
  23. You left out brisket ejaculating "Git some!" periodically followed by insane cackling.
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