My post to IHUB to and this should help many under
Post# of 39368
Posted On: 06/04/2013 7:19:48 AM
My post to IHUB to and this should help many understand....
Judges don't allow or disallow filings, they rule on them. Civil code and Procedure is what determines what can and can't be filed. That speaks to your post too coinhunter.
Your last argument was a complete fallacy.
Quote:
Waiting for TECO to make a move before filing service.
TECO cannot move until service is filed with the court. There is no case without service. That's why the Judge ordered the petitioners to show cause why they haven't filed with the court.
Quote:
summons was issued on May 8, 2013. The proof of service of the involuntary petition and summons has not been filed, therefore IT IS ORDERED that the Petitioning Creditors show cause
TECO is not dodging service has their office are open and a few blocks away from the courthouse. Never have I seen a 2 million dollar petitioner dodge filing service to the court. I'm sure the Judge was not dumbfounded by the non service to the court.
When the Judge ordered the petitioners to show cause the burden of proof rest with the petitioners as to why the service wasn't done timely. The Judge himself ordered it. Note, this wasn't a ruling upon a TECO motion. Now, it's incumbent upon the petitioners to show just cause or the case is out. The only just cause plausible for 7 petitioners not sending an email to the Court for weeks, is they all died in a plane crash together.
When the Judge ordered the show cause, 2 things are certain, The Judge is ready to rule on the case, and 9 times out of 10 he's already seen the Bad Faith and will rule without further evidence (which there is a boatload of).
Then there is a possible criminal aspect to filing such a petition. You'll have to wait for court to see that.
Judges don't allow or disallow filings, they rule on them. Civil code and Procedure is what determines what can and can't be filed. That speaks to your post too coinhunter.
Your last argument was a complete fallacy.
Quote:
Waiting for TECO to make a move before filing service.
TECO cannot move until service is filed with the court. There is no case without service. That's why the Judge ordered the petitioners to show cause why they haven't filed with the court.
Quote:
summons was issued on May 8, 2013. The proof of service of the involuntary petition and summons has not been filed, therefore IT IS ORDERED that the Petitioning Creditors show cause
TECO is not dodging service has their office are open and a few blocks away from the courthouse. Never have I seen a 2 million dollar petitioner dodge filing service to the court. I'm sure the Judge was not dumbfounded by the non service to the court.
When the Judge ordered the petitioners to show cause the burden of proof rest with the petitioners as to why the service wasn't done timely. The Judge himself ordered it. Note, this wasn't a ruling upon a TECO motion. Now, it's incumbent upon the petitioners to show just cause or the case is out. The only just cause plausible for 7 petitioners not sending an email to the Court for weeks, is they all died in a plane crash together.
When the Judge ordered the show cause, 2 things are certain, The Judge is ready to rule on the case, and 9 times out of 10 he's already seen the Bad Faith and will rule without further evidence (which there is a boatload of).
Then there is a possible criminal aspect to filing such a petition. You'll have to wait for court to see that.
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