Shit just got real
I'm confused about one thing.
The document says that Kevin must produce the documents ONE WEEK before the hearing.
The hearing is scheduled this Friday (16th). But this document was produced and signed on the 12th, less than a week before the hearing.
Sounds like.. a hole in which someone could ague that the order's not valid because it's impossible to fullfill?
No, he was originally supposed to do all this stuff by Nov. 16... then when he failed to do that, the meeting was immediately rescheduled with all docs due by Dec. 16.
Today's filing is not a document including a new demand; it's emphasizing a prior one and the penalties for non-compliance (signed judicial order imposing sanctions and threat of arrest).
So, it's a "friendly reminder / shot across the bow" about this Friday's scheduled proceedings saying "no more of your no-show BS on the 16th... or else!"
Personally, despite the inconvenience to Keith and the plaintiffs that another no-show would cause, I am hoping for the "or else"
Quoted from MrBally:Michigan does not have an electric chair...
Actually, they do:
http://www.marvin3m.com/echair.php
We just have to plug it back in.
Quoted from c508:$500 a day if he doesn't produce the records and/or doesn't appear.
Wow that's a game changer. Either he's going to show up and face the music, or flees to Canada (so long as he has a valid passport and doesn't have warrants against him that would stop him at the border). Hope this works out for all the buyers.
Ouch, Merry Christmas, eh?
You know what I've learned over the course of my engineering career? Always acknowledge and run TOWARDS your mistakes and screw ups as soon as you learn about them...it's amazing how things can be worked out so much better than you think.
I guess not everyone learns that.
Quoted from c508:Also on the second posted page (but not in red box), note that defendant Kulek now has:
- $750 sanctions payable immediately.
- $500 a day if he doesn't produce the records and/or doesn't appear.
If anyone wants the full 11 page document, PM me.
Where are you getting this information from? I'm not doubting it at all, just curious. I mean I see it in the info above but where and how did you come across it?
John P. Dayhuff
Battle Creek, MI.
269-979-3836
Quoted from Dayhuff:Where are you getting this information from? I'm not doubting it at all, just curious. I mean I see it in the info above but where and how did you come across it?
All (well, MOST anyway) court proceedings are public documents. There is a system called PACER for access to Michigan court filings. He has subscribed to PACER.
Quoted from toyotaboy:Wow that's a game changer. Either he's going to show up and face the music, or flees to Canada (so long as he has a valid passport and doesn't have warrants against him that would stop him at the border). Hope this works out for all the buyers.
well.. what will likely happen is..
His lawyer shows up with 'something' - and the cycle continues where Keith and the trustee have to say 'not good enough', and file another motion to that effect, waiting for the judge to agree.. meanwhile Kevin continues to float looking for some way out... but now faces even more fees stacking up (money that won't goto debtors btw..)
This is just more signs along the way... remember we are still in the INFO GATHERING phase. What is good here is the court is basically saying this is relevant and needs to be addressed as part of the bankruptcy proceedings.. and Kevin needs to explain it. When he doesn't, and people 'win' the bankruptcy portion of this saga.. you'll get back to where you were before.. Kevin owing money.. and people still needing to sue and win those cases to collect.
All this action right now is just to keep the debt from being wiped out...
Well we all know we can't get blood from a stone,but we can at least bash some out of him with it.
Keep after him until it hurts.
Add a poll. Is the rabbit going to run or get put in a cage. I can't imagine he will have anywhere near the documentation to satisfy the court.
Quoted from Dayhuff:Where are you getting this information from? I'm not doubting it at all, just curious. I mean I see it in the info above but where and how did you come across it?
Quoted from RCA1:All (well, MOST anyway) court proceedings are public documents. There is a system called PACER for access to Michigan court filings. He has subscribed to PACER.
Public Access to Court Electronic Records (PACER):
Dayhuff yes as RCA1 and Razorbak86 said these documents are publicly available via PACER.
All FEDERAL courts require use of PACER as their online CM/ECF (Case Management and Electronic Case Files) system which makes getting the documents easy (unless restricted).
PACER use is uniform for all FEDERAL courts, but online access to STATE court records varies dramatically from one state to the next (and even within the same state on the county and appellate levels).
For example, you can check the status of the JPOP case at
but to get the actual underlying documents you would have to have the court clerk scan and send them to you. You can't just click a link and download them as in Kulek's case.
The plaintiff's complaint, defendant JPOP's answer, and defendant JPOP's motion to dismiss run a total of 496 pages.
The cost for a copy of all three of those documents is $130.50.
I'm curious about the details, but not that curious. However, if accessing the JPOP docs were as easy and cheap as using PACER, I would take a look.
Quoted from Dayhuff:Where are you getting this information from? I'm not doubting it at all, just curious. I mean I see it in the info above but where and how did you come across it?
John P. Dayhuff
Battle Creek, MI.
269-979-3836
It's all accurate, John.
Boom goes the dynamite!
Owners might not get much back in the end but getting a piece of his ass has got to be worth something.
Quoted from MrBally:What are the odds that he shows up this Friday?
I'll guess below 50%
Him personally showing up?
I'd put the over at 15%.
Marcus
Quoted from MrBally:What are the odds that he shows up this Friday?
I'll guess below 50%
Cans someone take a video of it?
Quoted from MrBally:What are the odds that he shows up this Friday?
I'll guess below 50%
He's like a deadbeat dad behind on his child support . . . he won't start showing up and doing what he's supposed to do till he spends a night in jail for contempt. Just my opinion as one of his many victims.
Yes...the warrant from the U.S Marshall's office will be enforced by any local municipal officers. Glad to see that it is finally out there. He will be locked up soon unless they set a bond and let him pay it. He appears to be freely using the cash from his scam to pay an attorney.
I just cannot understand why the fed's did not charge him originally since there were multiple felonies of taking money via a computer, crime across state lines etc. I would have bet on the fed's charging him after they got all this information. Its a good thing nobody offered to place a wager on that one because I certainly would have lost.
Quoted from playernumber4:Yes...the warrant from the U.S Marshall's office will be enforced by any local municipal officers. Glad to see that it is finally out there. He will be locked up soon unless they set a bond and let him pay it.
To clarify - the warrant is not out yet. As far as I understood it, once he fails to show up Friday, KeithInMI can submit the paperwork to get one put out for him.
..If I'm wrong, let me know. That's how I read it. I did NOT stay at a Holiday Inn, and am NOT a lawyer.
wish we had a "betting" poll.
spread out different odds he shows up.
could have secondary bet on paying attorney fee.
etc...
Quoted from Coyote:To clarify - the warrant is not out yet. As far as I understood it, once he fails to show up Friday, KeithInMI can submit the paperwork to get one put out for him.
..If I'm wrong, let me know. That's how I read it. I did NOT stay at a Holiday Inn, and am NOT a lawyer.
You are correct. No warrant at the moment.
Quoted from Coyote:To clarify - the warrant is not out yet. As far as I understood it, once he fails to show up Friday, KeithInMI can submit the paperwork to get one put out for him.
..If I'm wrong, let me know. That's how I read it. I did NOT stay at a Holiday Inn, and am NOT a lawyer.
It's Holiday Inn Express.....
I bet he does show up. He did already show up for one long deposition with Keith previously, right? So, I do think he will show but I just don't think he will be any more forthcoming.
Gentlemen (and Ladies, if there are any involved),
I sincerely want to wish you all a MERRY Christmas and a very Happy New Year. I have been lurking in this topic for some time and every time I reach the point of "I can't believe this", the story takes yet another sudden lurch. The events of the last few days have been no exception. While emotions have run very high at times, I am very glad to see that cooler heads have prevailed and retribution has been pursued through the courts rather than the "court of the streets".
Here is to hoping that courts will give you an early Christmas present on Friday, one that you may actually be able to take to the bank.
ken
I didn't buy in but I'll put 1k in to save the industry from losers. Either that or anti-aircraft weapons for Aleppo.. I have 1k to spend on justice either way.
Good morning. Smells like...capitulation. All of you who advised against pursuing this guy in the courts...you totally left out the fun factor watching Kevin squirm from your calculations.
I now change my prediction from "likelihood of money recovery - zero" to "likelihood of money recovery 30%". That's right. I now predict a one in three chance or so of recovering SOME money. Like $50 or some token amount. There is still a tiny sliver of a chance out there at substantial recovery.
Let me point out something from my personal criminal experience. Frequently, prosecutors wait. They wait for other cases that relate to their potential prosecution to conclude. That way they can get a guaranteed conviction and use all the work from other litigators. Once, when I was robbed, a certain prosecutors office drug their feet where I live. For a whole year they did nothing, not even responding to my many requests. The robbery had spanned two counties. The much smaller amount was litigated in one county and a plea deal struck almost immediately to avoid serious jail time. No sooner had that girl walked out of court, the other county hammered her and got 18 years added to her sentence. It was awesome. Her initial defense team had all defected by then, she ran out of money, and they pounced. Almost as if they had a plan all along...
Quoted from Brickshot:I bet he does show up. He did already show up for one long deposition with Keith previously, right? So, I do think he will show but I just don't think he will be any more forthcoming.
you owe a payout on all those bets.
Quoted from KeithinMI:you owe a payout on all those bets.
its begining to look a lot like xmas...
Quoted from Whysnow:its begining to look a lot like xmas...
I hope so for all you folks that got screwed by that con man.
Quoted from KeithinMI:you owe a payout on all those bets.
Somebody get Tommy Lee Jones on the phone, it's time to go to work.
Quoted from KeithinMI:you owe a payout on all those bets.
Are those payouts owed because youknowwho was actually forthcoming or because he, once again, did not show up?
Well at least Keith had the docs in the ready . Which makes me think we'll see more motions ready today too
I need a popcorn gif, now!
Anxious to see if he's even found. The previous documents sound like he hasn't even been talking to his OWN laywer? If I read that right?
Note that is a "PROPOSED order," but once the bankruptcy judge signs off on it and it is entered as a "ORDER" it will have the force of law!
Attorneys often provide Judges with "PROPOSED orders" (and other documents) to speed things along (so the judge or clerk does not have to draft it), however, the Judge does not have to accept the proposed order word for word and is free to modify it (or do a number of other things).
Hopefully, this will be a real ORDER by the end of the day (or Monday if today is a busy day at court).
Either way a big + for Kulek and a big + + + + for creditors & victims!
Gratz! to KeithinMI for his dedicated and diligent pursuit of justice for Kulek's victims.
wishfully hoping thsi becomes a full "ORDER" soon.
Would love to see the ride along footage of the real life action.
THANKS to Keith!
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