Quoted from Whysnow:I will be happy to share everything I can once it is all done.
Maybe you can be a guest on Kaneda's pincast? 
(Topic ID: 108377)
Linked Games
Duck Hunt
Skit-B Pinball, 2013-
Experts of Dangerous
Skit-B Pinball, 2014
-
Predator
Skit-B Pinball, 2013
-
Sonic: The Hedgehog
Skit-B Pinball, 2013
-
Starfox
Skit-B Pinball, 2013
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Quoted from kayluh:Is there another podcast that calls itself a Pincast?
No idea? I was just teasing WhySnow!
1 month later
Quoted from lancestorm:I would highly recommend blacking out his name and SS. You are making your own self a target of Kevin's lawyer.
Redacting the SSN is appropriate, but what's the point of redacting his name?
The bankruptcy filing is a matter of public record. Anyone who has the time and $$$ (in this case approximately $11.30 for the 113 page Chapter 7 voluntary petition) can go to PACER
select the appropriate jurisdiction (E.D. Mich.) enter the docket number (16-21030) and access the full docket online.
The 113 page filing (forms 101, 106A-J, etc.) includes goodies like the full list of Kulek’s assets and liabilities (including the value of his Dodge Dakota, trailer, personal computer, and clothing), his income (spoiler: “zero”), his wife’s income, their declared monthly expenses (utilities, food, etc.), and a full list of debtors and amount owed to each of them.
Some of those people are well known in our community by both their Pinside handles and real names and addresses (e.g., WhySnow/Dayhuff), but others are not.
As much as everyone wants to read the dirt about Kulek, many other Pinsiders who lost their $$$ likely will NOT appreciate their names and contact info being public.
So, I strongly encourage anyone who gets the filings off of PACER (or Bloomberg, Lexis, or Westlaw if you have access) to NOT post that info.
However, if you want to satisfy your own curiosity, there is nothing to stop you from doing so.
Quoted from Whysnow:I have also enjoyed the entire process of discovery and depositions. It is like a bad movie and I get to be part of the fun.
Yeah, I'm looking forward to reading these (or choice excerpts) after everything wraps up and someone writes a follow up piece to the Pinball News exposes from last year.
Quoted from frolic:Is there any explanation of what happened to the money?
The bankruptcy petition just lists his assets, debts, and monthly living expenses.
I am confident that the $$$ questions were one of the focal points of the deposition. Hopefully, we'll see highlights in a Pinball News (or other trade publication) followup article once everything wraps up.
Might be pretty satisfying reading for those who got burned (not because they will ever be getting $$$ back (there isn't any), but just in a schadenfreude/chickens coming home to roost/watching the meltdown/Kulek getting raked over the coals and actually forced to answer the questions kind of way).
Quoted from PoMC:It's not going to work out in the end. Nobody will get a dime back of their money. Not only was money stolen from you, but now it's costing more money, more time, more aggravation, more stress.
For the people who are seeing this through to the end, it's not about getting the $$$ back anymore.
It's not "good $$$ after bad" as much as "ongoing entertainment value, satisfaction, and REVENGE" 
Quoted from examiner:To earlier question, if Kevin owes you money and you did not receive a notice of the bankruptcy, that means he did not list you as a creditor. Contact the bankruptcy court and request information as to how to file a proof of claim. Good luck everybody.
It's also possible that some people have moved. If so, the notice may have been sent to their old address (not their current address).
Quoted from Skins:Last I heard, he thought he was a non-profit entity.
No way to convey how long or hard I laughed at that one via pinside emojis (or any other emojis I have seen)!
3 weeks later
Quoted from RobT:I wonder if there is anyone on Pinside who *doesn't* think that LadySlingshot is Kaneda?
If so, they should see post #87 in this thread and erase all doubt...
https://pinside.com/pinball/forum/topic/have-a-chance-to-get-my-grail-back/page/2
1 month later
I'm tracking the docket on PACER. Will be eager to see if there is an update tomorrow AM (usually takes 24 hours) and share the news unless one of the people who is already in the know beats me to it.
2 months later
I'm sure some of the people are going to sign their debt over to a collector (for a nominal fee if not outright) once the bankruptcy proceedings are complete...
I would.
It's not about the "$$$ payback" for the people who are seeing this through, it's about the "revenge payback" and debt collectors will do a much better job of hounding Kulek from now until the end of time...
1 month later
Hi all... My PACER alert just supplied the "Motion to Compel Debtor to Attend §2004(b) Examination" which Kevin skipped on Nov. 16 and is now (once the motion is approved) on for Dec. 16.
Reading it almost makes me feel bad for the guy in terms of how completely over his head he must be... it includes a request for a laundry list of the type of business documents and statements that you would expect a normal legitimate business to keep.
However, Kulek is probably scratching his head (or, more likely, dry heaving) not just because he probably does not have the requested documents, but likely does not even know what they are (and never kept these sorts of records in the first place).
Anyway, long story short he is not cooperating (see image below). If anyone wants to post the full document here (via shared G-Drive or DropBox or whatever) send me a PM and I will email it to you.
Quoted from Trekkie1978:I don't feel bad for Kevin at all. He stole money from people.
His refusal to cooperate will only make it worse for him...and I say good. He has only has one person to blame...himself.
I don't either. The "almost" was a recognition of how completely screwed he is...
if you read the full filing, the list for requested documents is so expansive that my reactions went from:
"ha ha, good luck with that Kevin" to
"boy, he really is in deep $*@&" to
"wow, he's totally screwed" to
"he's never, ever, ever going to get out from under this" to
a horrified "oh my god... he deserves whatever is coming, but at a certain point he's already so defeated that it's just 'piling on' (like the embarrassment of watching a sports team run up the score against another team that is so outclassed that they have no chance)."
However, I'm firmly on Team Creditor, not Team Kevin!
Quoted from mac622:Yeah - that's like watching <insert any 2016 opponent> beat the snot out of Rutgers!
Too bad they weren't on Notre Dame's schedule this year... the IRISH really could have used the win! 
2 weeks later
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.
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"
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.
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.
Quoted from Haymaker:I'm sure she would appreciate a nice review of her services with the nice camera equipment you all bought her!
Or you could just "concern troll" and post copies of the arrest warrant to her FB photo stream saying to tell Kulek to get it resolved before it ruins Christmas?
I wonder if he told her about it? I'm sure Kulek's attorney told him about it.
1 week later
Quoted from Brickshot:it seems he wants to test a Judge's patience by ignoring court orders (not a good idea) ... So in the end, he may well end up where he deserves to be (jail).
This would be true even if we were NOT talking about a FEDERAL judge which is a much more significant position than Kulek likely realizes...
You can pull all kinds of crap at the state and local level without being sent to the woodshed, and you can even end up getting away with some of it.
However, I firmly believe that one of the lessons Kulek will learn in 2017 is that you pull on the eagle's tail feathers at your own peril.
Once the holidays are over, and there is another status conference on the case, the wheels that everyone complains about "turning slowly" are likely to gain speed.
Looks like this is my last post for 2016! Happy New Year everyone!
Quoted from Enaud:have you had any success in obtaining council willing to represent those victims that wish to file an adversary proceeding to K's bankruptcy
Not sure if first troll post of 2017 in this thread or he just hasn't read any of the posts from the past two months? 
Added over 7 years ago: EDIT: I now know both who Enaud is and that this is definitely not a TROLL post... See my apology in post #12505 on the next page of this thread.
Quoted from ForceFlow:Wow.
So Tim paid Kevin for the games, so shouldn't Kevin be on the hook for what was paid for them, rather than Tim?
The claim in the new filing (which would not be made without a factual basis) is that Tim never paid for the pins and Kulek still owns them (see image below).
Note in this document DEBTOR is Kulek and DEFENDANT is Fife.
Quoted from ForceFlow:I'm not sure I understand this either. If Virtuapin bought a CNC machine for the purposes of manufacturing the game cabinets, why would virtuapin be on the hook for this? Or is virtuapin the one trying to recover the cost of having to purchase the CNC machine for the purpose of fulfilling Kevin's cabinet order?
See documents (below).
Here the claim is that DEBTOR Kulek bought (and still owns) the DEFENDANT Virtuapin's CNC machine.
Also, that the paper trail (documentation from Skit B's bank account) indicates that Viruapin received at least $108,575.00 in return for "[no good explanation why or for what]."
Quoted from TigerLaw:What is the CNC machine?
(C)omputer (N)umerically (C)ontrolled.
It is a fancy 3-D lathe, mill, or cutter for forming plastic or wood or metal blocks into various "cool things." Was probably intended to be used for playfield components and toys, etc.
1 week later
Quoted from TigerLaw:If he can snap of pic of the love scene he endures (I'm imagining something like messing with Sasquatch...) he will be able to pay us back for sure.
Wow... there actually is a market for this sort of thing!
How to Make $30,000 a Month Writing Bigfoot Sex Scenes
http://newsfeed.time.com/2014/01/17/how-to-make-money-writing-bigfoot-sex-scenes/
Personally, I'd be satisfied with video of a Sasquatch playing pinball and leaving it at that!
Quoted from TigerLaw:So, what exactly were the search terms you used to find that hysterical article?
No comment! 
2 weeks later
Quoted from Wolfmarsh:PACER has updated with "Filed & Entered: 01/27/2017 Docket Text Minute Entry. Hearing Adjourned (BK)"
Something happened today. There is no recordings or anything posted yet. I'll keep checking occasionally.
What he said... looks like there will be an order eventually but maybe not today.
Already been posted a ways back, it was the document that led to Kulek being "escorted" to last week's hearing.
Referenced again in today's entry (as "continued" aka "extended") because it is the sword hanging over his head if he does not "play nice" from here on out.
Quoted from CNKay:So does anyone think Kevin lied, told a fib or purgered himself under oath?
Yes to all three... especially the "purgered [bowels]" after he was sworn in and his shocked realization that the judge would keep repeating KeithinMI 's questions until he was satisfied with the answer!
Yes... I do realized it is "perjured" no more PMs necessary. I do like "purgered" more now due to the mental image of Kulek "purgering" his pants
Quoted from TheLaw:She ... yelled to "Stop the fucking witchhunt." He friends seemed upset for her, and there were like some emoticons of crying or some shit.
The hilarious thing about this is that the "witchhunt" has only just gotten started with Kulek's ass being dragged to court... it's going to be getting a lot worse for the Kuleks before it gets any better.
Quoted from Wolfmarsh:"Do you know what work is Kevin? Maybe stop doing damage to our kids by pretending to home school them, and go get a fucking J-O-B."
or a McJob at least!
Quoted from RCA1:I'll just leave this here...............
https://convocation2017theseekerofwisdom.sched.com/FaeLaume
Oh god... 
the link for this event is so worth checking out.
partial schedule below!
Be sure to take a look at the "friends" and other "attendees" under Amanda's profile too...
From the neck up, the look cultivated by these people seems to be "Witchcraft, Wicca, Paganism, goddess-based spirituality. Whatever you want to call the practice of MAGICK, it’s empowering us to form a supportive sisterhood of womyn gathered together to draw wisdom from our powerful psychic bond as we dance with the Goddess under the dark of the moon"
But... from the neck down, their look seems to say, "I'll take the triple bacon cheeseburger, two large orders of fries, an apple pie a la mode, and a Diet Coke, please."
1 week later
2 weeks later
My Bloomberg Law PACER alert went off this AM (set for once a week), so I am uploading the newest document (since KeithinMI submitted "Application for Compensation (Partial)").
This document, filed Feb. 23, is the "Order Regarding Production of Documents"
We'll see how well Debtor Kulek is able to comply with the order at the "Hearing to be held on 3/3/2017 at 09:30 AM Courtroom, Bay City, 111 First St. for 34."
But wait... there's more! 
I am also posting an UNOFFICIAL transcript of the audio file for the Jan. 20 hearing.
I had one of my student research assistants type up this up (for posterity, the benefit of those who don't want to listen to the whole 40 minute audio-file, because next semester I plan to base a legal research homework exercise on the Kulek bankruptcy filings, and since I am legally deaf and rely on captions for tv shows, etc.).
PLEASE NOTE: this is NOT an official court document. It is NOT from the docket. ALSO, it may not be 100% accurate (which disclaimer is superimposed on the transcript).
My RA will get to the second transcript eventually, but it will be a while since I have higher priority projects for him to complete first.
PACER is a little clunky, but the fact that most of this stuff is reliably available online the same day as the proceedings take place is nothing short of amazing!
In my experience, since this is a Friday, it might not post till Mon. But as Wolfmarsh says tonight is a definite possibility and I will leave tracking down the audio and posting to him.
Quoted from Luckydogg420:I believe that everything happens for a reason; sometimes the reason is, you're an idiot that made a bad choice.
1 week later
Quoted from Whysnow:a large collector in MI with parts ... fear of being blacklisted from group events
Scratching my head on this one... that's a really subtle description.
1 week later
Quoted from Wolfmarsh:Looks like VirtuaPin's lawyer doesn't read the laws very much. They've claimed they were never served the required documents for the AP, but in the responses that Keith put together, he shows that they've already admitted they got them and that the lawyer doesn't completely comprehend the laws he is quoting from.
...
The second one doc [*23] which is a Keith's answer to the motion, and and doc [*24] which is Keith's brief on the motion.
EDIT... ok, not posting DOC 24 as Wolfmarsh included it in his post.
Please note that DOC 24, unlike the previous one (23) which responds directly and concisely to the elements of DEFENDANTS’, MALETICH AND VIRTUAPIN CABINET argument, includes a more detailed timeline of events, sets forth a competing narrative, and also discusses the legal authorities (and DEFENDANTS’, MALETICH AND VIRTUAPIN CABINET misunderstanding and misapplication thereof).
Today things get far juicier!
Turning back to Defendant Amanda Kulek (wife of Debtor Kulek), we learn that Defendant Amanda Kulek (by her own admission) has no idea what she is doing in terms of her efforts to defend her home and other (allegedly ill gotten) assets...
Bear with me a minute...
On Oct. 4, 2016 Amanda Kulek filed a "ANSWER TO COMPLAINT" indicating 21 affirmative defenses (i.e., reasons why she is not responsible) for, among other things, the " $25,342.52 ... from the [Predator] deposit money paid by purchasers of the Predator pinball machine for a home titled solely in Defendant’s [Amanda Kulek's] name."
She filed that ANSWER "pro se" (i.e. on her own without legal representation (though apparently she did receive some guidance from her lawyer, John Emaus) so she takes responsibility (in theory at least) for the ANSWER's contents.
Now we have DOC 28, where KeithinMI masterfully rips Defendant Amanda Kulek's ANSWER to shreds. And then shreds those shreds... and those shreds' shreds... and so on until we are left with sub-atomic particles.
I particularly enjoyed the parts where he notes that, by Defendant Amanda Kulek's own admission, she does not know the general meaning or specific legal meaning of many the terms and concepts she employed in her ANSWER.
Also, she is unable to identify legal authorities (statutes, cases precedent, employment or tax regulations) that support her affirmative defenses.
Must have been a really painful deposition for Defendant Amanda Kulek. We weren't able to watch it, but some of the highlights are quoted in DOC 28 for posterity.
Enjoy!
But wait, there's more!
DOC 29 is less juicy, but still interesting recap of much of DOC 28 framed in the context of a "F.R.CIV.P. 12(f) MOTION TO STRIKE AFFIRMATIVE DEFENSES."
So, this is KeithinMI reiterating all the stuff from DOC 28 and torpedoing Defendant Amanda Kulek's "affirmative defenses" and explanations for how she came into the $$$, that the house is "hers," and everything is on the up and up.
FYI, although I previously translated "affirmative defense" as "reasons why she is not responsible" it is more accurate to say that "affirmative defense" = "yes, I did it, BUT [insert legitimate reason here]."
For example, "yes, I shot the intruder, BUT he had broken into my home at 3:00 AM dressed in black with a mask and knife and was trying to get into my child's room."
And the hits, or in Defendant Amanda Kulek's case "swings and misses," just keep coming.
DOC 30 is a F.R.CIV.P. 37 MOTION TO COMPEL PRODUCTION OF DOCUMENTS which is asking the Judge to ORDER Defendant Amanda Kulek to produce various records in support of the statements she made during her deposition.
Lots of these records are related to Defendant Amanda Kulek's photography "business"
If you don't get the quotes around "business" maybe this emoji will help?
===>
Quoted from TheLaw:I can't interact with someone on Facebook via Pinside...which is why I'm asking to see it.
...
EDIT to catch up: She made posts asking if anyone screwing with her knew[] it was called "doxing" And yelled to "Stop the fucking witchhunt." He friends seemed upset for her, and there were like some emoticons of crying or some shit.
In the light of today's info, I think it is safe to say that request did not work out for Defendant Amanda Kulek.
Maybe if her magikal Pagan, Goddess, Priestess, and Wiccan friends have a prayer circle she will have better luck?
Quoted from flynnibus:Was exhibit a, the deposition transcript available anywhere?
Sadly, it is not on the docket at this time. 
If you don't usually look at the docs, these are each 2 pages.
Short and sweet!
(well maybe not so sweet if you are the Kuleks)
I wonder if her "business" records will be more comprehensive than Kevin's records for Skit-B?
Quoted from flynnibus:Once again.. he thought he was smarter than the law. We see how that has turned out for him...
What's hilarious is how many people think this when it comes to them. Tens of millions of people have gone bankrupt, been charged with specific crimes, broken contracts thinking they'll escape the penalties, cheated on taxes, etc.
The odds that a lay person with no previous court experience is going to figure out a new angle on any of those things is essentially zero. Chances are every defense, excuse and explanation the Kulek's have come up with has been tried and failed before many times over.
Even teams of lawyers and accountants who are paid big $$$ to do nothing but tax or bankruptcy work seldom come up with completely novel loopholes (and when they do, the loopholes are subsequently closed).
Quoted from flynnibus:I wonder how she'll blame the witch hunt for this one
I don't know, but @keithinmi's "MAGICK" is definitely stronger than hers!
Quoted from Taxman:Keith, I think you have the highest ratio of thumbs up ever. With about 500 posts you received over 1,400 up-votes.
I am pretty sure that when all this is over robin &
Martijn are going to have to create a new Pinside "achievement" for him!
Maybe for the people who end up getting some of their $$$ back too!
Quoted from John_I:Are they trying to go to prison at this point?
At least that would mean they have a place to live
Quoted from monkeybug:The FBI and the Midland County Sheriff's office found not enough evidence to follow up with criminal charges a few years back.
Such incompetence.
Not incompetence, just not a priority given the bigger fish they have to fry. There are only so many detectives and special agents and they are not going to spend their limited time and resources on the Kuleks when there are possible gang, drug, human trafficking, or national security issues in their jurisdiction.
NOW... having said that, I am sure one or both of those agencies (or the IRS) will be happy to piggyback on everything KeithinMI has uncovered once the bankruptcy proceedings are resolved and they are presented with an "open and shut case" that is wrapped up with a nice little bow.
If you are ever a criminal defendant, it is always better to face criminal charges BEFORE related civil charges since you do not have the same scope of 5th Amendment protections in civil trials.
Stuff that the Kuleks could have refused to talk about in a criminal proceeding is now fair game as it has already come out during the bankruptcy proceeding.
Quoted from MarkInc:This feels like schadenfreude but without the guilt.
So just "freude" then!
Maybe we should all sing "Ode to Joy/An die Freude"?
Freude, schöner Götterfunken,
Tochter aus Elysium,
Wir betreten feuertrunken,
Himmlische, dein Heiligtum!
Ooops... now listening to Symphony No. 9 and realized I could have quoted a more applicable verse.
Freude trinken alle Wesen Every creature drinks in joy
An den Brüsten der Natur; at nature's breast;
Alle Guten, alle Bösen Good and Evil alike
Folgen ihrer Rosenspur. follow her trail of roses.
Even Debtor Kulek drank in joy (once)... now it is the creditors' turn!
Quoted from monkeybug:I guess a crime worth at least a half a million dollars could be small fries to the local police department. Makes sense.
Again, choices are made and it boils down to someone not giving a f*ck.
Not so much that $500,000 is chump change as the logistics of investigating the case. If all the victims were from the same town as the Kuleks (or even the same state) I think the result of a state, county, or city level law enforcement investigation would have been different. But with them from multiple (maybe all 50?) states and different countries that makes things far more difficult.
Quoted from MrBally:Meh, a good defense Lawyer can tear that theory apart.
You mean the kind Debtor (and possibly soon "Defendant") would have to be able to pay?
Yeah, that'll happen!
Quoted from labnip:in the need for some more audio sessions to get my fix
Ask and you shall receive!
Audio from yesterday re: adversary proceeding against Defendant Amanda Kulek.
https://soundcloud.com/user-7602410/audio-file-1ap2016-02073-20170427-133738
Not sure of the exact nature (might just be a phone conference with the Judge Opperman, KeithinMI & Trustee Randall L. Frank) because I need captions for audio and video (unless person is looking straight at the camera) but am sure one of you will have comments on it soon.
Also a filing from yesterday.
Skip to page 10-13 of the PDF (ACTUAL PDF page numbers NOT numbers on bottom of each document) for the good stuff (why "Defendant [Amanda Kulek] has no defense to the instant action")!
PDF page 16 exposes another lie about Defendant Amanda Kulek having "no records of any of the photographs taken for her husband and that she does not retain photographs."
ANSWER TO DEF MOTION TO SET ASIDE ORDER ENTERING DEFAULT OF DEFENDANT.pdf
Quoted from Pinballs:Huge thanks for this, as ever
Can this be downloaded? Previous MP3s could be, but this one doesn't seem to have a download link, unfortunately.
Ooops! Fixed that. You have to set up a Sound Cloud account to download though.
Quoted from Mike_J:Anything more on the cabinet company?
They'll be in court this Thurs May 4... should be something filed by Fri or Mon.
Quoted from Drewscruis:Wait, they can read? I wonder if they used predator money to buy hooked on phonics?
I believe the preferred spelling is "hookt on fonix"
it rilly werkt fur mee!
2 weeks later
Quoted from Whysnow:From what I know, I dont think a lawyer can just reach out to request info, but nothing stops us from sending along stuff when we find it.
2 weeks later
What kind of ?s will the Fifes be asked to answer?
What kind of documents are they expected to bring?
See below:
Rule 26 and 34 Requests for Production of Documents
Notice of Taking Deposition Defendant [Tim Fife]
Notice of Taking Deposition Defendant [Loretta Fife]
Amended Notice of Taking Deposition Defendant [Tim Fife]
Amended Tim Fife Depo Notice.pdf
Lorettia Fife Deposition Notice.pdf
My long-suffering RA has completed an UNOFFICIAL transcript of the audio file for the Jan. 27 hearing.
PLEASE NOTE: this is NOT an official court document. It is NOT from the docket. ALSO, it may not be 100% accurate (which disclaimer is superimposed on the transcript).
My RA will get to the next transcript eventually, but it will be a while since I have higher priority projects for him to complete first.
Quoted from BillySastard:And some poor dude trying to sell his camera equipment got harassed because he wears a black wedding ring. Bravo everyone.
Coulda been worse!
Quoted from aalucero:I have a sickness and the only answer is more SoundCloud.
aalucero only a 8 min and 27 second taste today (housekeeping related to Mama Kulek's health related no show).
Hopefully that is enough to stave off the cravings and withdrawal symptoms!
1 week later
I would bet that Defendant Amanda Kulek already has a line on the $30K. People don't usually enter settlements unless they know they can meet the terms.
BIG doc and BIGGER news today folks… looks like we’re gonna need a “nuclear bomb” GIF this time (or at the very least another “popcorn” one)!
Since it’s going to take a while for people to work through this (81 pages) here is my synopsis
DEFENDANT MALETICH/VIRTUAPIN ANSWER TO COMPLAINT, AFFIRMATIVE DEFENSES, & COUNTERCLAIM
I: Denies basically everything KeithinMI alleges in court filings
II: MALETICH/VIRTUAPIN ’s version of events
III: KeithinMI is evil. Our business is suffering due to Pinside’s awareness of legal proceedings against us. We’re suing
KeithinMI for libel (even though
KeithinMI HASN’T actually written about us on Pinside) because people have been reading publicly available court documents
I recommend starting on page 10.
Ok, here are my thoughts re: MALETICH/VIRTUAPIN's counterclaims (or, as I call them "laughable attempts to intimidate @keithinmi").
KeithinMI offered to discuss the legal issues surrounding
Predator fiasco with any interested Pinsiders.
This offer of a free initial consultation is identical to the types of offers of free initial consultation made by pretty much every other attorney/firm in existence.
Believe it or not, attorneys and firms DO in fact want clients. They DO in fact solicit clients in person and via a variety of general or targeted methods of electronic communication (internet, radio, tv, etc.). In other news, water is wet.
KeithinMI also provided links to the Michigan Consumer Protection Division of the
Attorney General's Office which could (theoretically) also represent a class of people defrauded by Debtor Kulek (but probably has bigger fish to fry).
KeithinMI has publicly thanked Pinsiders who submitted documents, links, contact info for prior LEO investigations, and other leads that have allowed him to build a case against Debtor Kulek (and other parties).
There are "rules of professional conduct" for attorneys regarding soliciting clients, but I don’t see any problems here.
MALETICH/VIRTUAPIN says: I have been deposed and made statements which contradict @keithinmi’s theory of the case and allegations.
I, @c508, personally believe that MALETICH/VIRTUAPIN’s deposition statements are similar to their affirmative defense, BUT it is up to the Court to decide what actually happened (in terms of “fraudulent transfer” etc.) after both sides present their best evidence.
It would be unprofessional and irresponsible (and potentially malpractice) for KeithinMI to take what anyone (including his own client(s)) says at a deposition at face value. The goal of a deposition is to get people “on the record.”
After the deposition, you do additional research and then follow up by asking for an explanation of subsequently uncovered information (documents, other party’s or witnesses’ statements, etc.) that contradict the testimony from the deposition.
MALETICH/VIRTUAPIN says: I have suffered as a result of allegations which I will have an opportunity to prove are incorrect in court. People are aware of these allegations because they are following the case and reading the publicly available court documents.
To me, @c508, this boils down to: “Evil KeithinMI appropriately referred people with questions to publicly available court records
instead of unprofessionally commenting directly on ongoing litigation. ”
Publicly accessible court records are not “unprivileged communications to a third party.” If there are justifiable concerns for someone’s safety (e.g. confidential informant) or privacy (e.g. a minor) or national security implications, etc. court records can be “sealed” (yes, even in bankruptcy proceedings).
Neither Defendant Maletich nor Debtor Kulek (or any other party) has made an attempt to seal any of the court records in these proceedings.
When clients wanted to discuss the specific details of the case with KeithinMI he said things like “Remember, if you're my Client you are always welcome to call me anytime you'd like an update.”
I don’t see any actual discussion of the specific details of case itself “with third parties” by KeithinMI on Pinside.
There are some general comments like “you should get a copy of the initial §341 meeting of creditors, at which I conducted 25 minutes or so of questioning of Kevin. You would be *astounded* at his answers” but no real detail beyond the recurring theme that non-clients have to make do with “publicly available court records.”
Statements like “I would suggest you review docket item #34 in the file to see what the Court decided to do” are not equivalent to KeithinMI providing a public play-by-play narrative of events.
Per my “ctrl-f” of Exhibits 1 & 2: Not once has KeithinMI referred to MALETICH in a Pinside post. @keithinmi’s SINGLE reference to VIRTUAPIN in Exhibits 1 & 2 is as follows:
“Can someone provide me with a link to the post(s) by VirtuaPin about the licensing status of the Predator pinball machine. I'm not interested in what SkitB posted, but rather what ViruaPin was writing in the groups. Thanks”
Evil KeithinMI stated that he would sign copies of the application to employ Keith M. Nathanson PLLC as Special Litigation Counsel “so you can have your own collectible item from the case.”
KeithinMI also stated in the same post that “(BY THE WAY IF YOU DON”T GET THAT THIS IS JUST HUMOR, THEN I AM TELLING YOU NOW, IT IS).”
However, MALETICH/VIRTUAPIN's attorney does not mention that part since it establishes that she is cherry-picking quotes 
out of context 
.
In order for @keithinmi’s statements to rise to the level of libel, KeithinMI MUST know they are false when he makes them… it’s possible that they are false, BUT the point of the legal proceeding is to establish that they are false (in which case MALETICH is off the hook) or are not false (goodbye CNC machine).
Who wants to bet KeithinMI is shaking in his boots?
Quoted from flynnibus:Hopefully we still get meaning posts from Keith.
KeithinMI isn't going to address any of MALETICH/VIRTUAPIN's claims on Pinside (or basically with anyone who isn't part of the lawsuit) directly...
However, I am continuing to follow this case and will post his response when it is filed in court.
Quoted from frolic:Does any of the virtuapin response have anything to do with... you know... where the money went, and why they don't need to pay it back?
Yes, starting on page 10 of the most recent filing.
Quoted from DeeGor:Evil Keith
Where are the horns?
Also bass needs to look more "pitch-forky" (it's already red though so that helps)!
1 week later
Quoted from dontfeed:This may have been said before, but the more I think about this the more I believe they were hoping, maybe even planning for this to happen....Then again, maybe I'm giving them to much credit for thinking ahead.
Easier to arrange a fire than a flood.
Two businessmen had both gone to the same lawyer for help in settling insurance claims. While they were waiting, they struck up a conversation, and each learned that the other's business had also been destroyed.
"So, how'd it happen to you?" asked the first businessman.
"Fire. Destroyed everything. What happened to your business?"
"Flood", replied the first businessman.
"Really? How do you arrange a flood?"
Incidentally, when I was still in elementary school there was an old bowling alley a few blocks from our house whose business went downhill when a new and much nicer one opened a couple miles away.
The "old" bowling alley caught on fire on three separate occasions (within the same year) before it finally burned down. One of the first "adult topics" I remember adults from the neighborhood talking and laughing about at the annual 4th of July picnic that year. My dad still gets a kick out of telling that story when people mention failed businesses and insurance fraud.
1 week later
Quoted from Pintucky:Wow! Keith sure did his homework on finding applicable case law and 'stare decisis' formulary ... He certainly was THOROUGH!!!
Moreover, note that he doesn't even bother to bring up the actual text of all the forum posts VP was trying to make a big deal out of in their BS "Trustee’s Counsel, Pinside, and the Forum" defamation claim... BECAUSE THEY DON'T MATTER... the law on this issue is clear and that's what Keith's motion to dismiss focuses on (not emotional "poor me" arguments like we have seen from the Kuleks and VP).
Comparing this to Maletich/VP's defamation claim it is clear that VP's attorney (Shanna) is waaaaaay outclassed by KeithinMI
I find it hard to believe that Shanna actually thought the defamation claim was legit, but can't decide if the hope was that "Keith won't want to deal with it and would back down"
OR
Maletich/VP pressed her to make the claim so that he could feel better and regain some (completely fictional) feeling of control over the whole mess or simply assuage his pride by "going down swinging."
Anyway, not only is Keith's motion to dismiss the defamation claims going to be granted (I will contribute $100 to Pinside if my prediction is wrong), but Maletich/VP is going to end up paying for the time Keith spent writing this filing (since Keith is asking for costs associated with beating this bogus defamation claim).
So, to me the ? can be reduced to "Is VP's attorney really this incompetent (in terms of thinking the defamation claim had an actionable legal basis)?" OR "Does she know it is BS and that Maletich/VP is throwing good $$$ after bad by pursuing the defamation claim, BUT she is doing what her client wants (and is paying her to do)?"
Quoted from Taxman:While I love the decompression of the situation that comes with joking about a serious conversation it is really getting annoying.
Does this mean you won't be preordering?
1 week later
Quoted from SirScott:Who dat?
Another "undocumented" Skit-B employee.
Amanda is now OFFICIALLY on the hook for the $30K per Judge Opperman's order (signed the agreement on July 24).
Plus OFFICIALLY still faces the "the Plaintiff/Trustee’s Claims for $18,501.00 transferred to Defendant which is part and parcel of Plaintiff’s Adversary Complaint in this matter."
Quoted from c508:Anyway, not only is Keith's motion to dismiss the defamation claims going to be granted (I will contribute $100 to Pinside if my prediction is wrong), but Maletich/VP is going to end up paying for the time Keith spent writing this filing (since Keith is asking for costs associated with beating this bogus defamation claim).
IMHO, Attorney Shanna Kaminski did a much better job with this filing than her original counterclaim against Keith for defamation, but I am staying on record with my prediction that Keith will prevail (and will contribute $100 to Pinside if my prediction is wrong).
We should end up with some interesting audio when Shanna and Keith have oral arguments on the motion to dismiss.
Stay tuned...
Quoted from Coyote:This has been a busy week!
Question about these defamation filings -
I'm not a laywer, but am I correct in assuming that the judge hasn't ruled anything in this yet, and the two lawyers are just filing reasons back and forth which way the judge should rule?
Yes.
Quoted from Coyote:If that's the case - when does the back and forth stop before the judge makes a decision?
Possibly one more round of back and forth. However, that would just be further clarification, not totally new arguments.
Quoted from robertmee:My guess, is the judge won't set aside the suit, but I don't believe VP will win the suit either. It's more a PR ploy, IMHO.
I'm hoping it gets dismissed, but expect Keith to beat the defamation claim even if it isn't.
Quoted from examiner:I have my suspicions, but Keith's argument in the supplemental memo has got me rolling on the floor, LMAO. I can't wait to hear the oral arguments about this issue.
I am expecting the oral arguments to go something like this...
1 week later
New audio from the case against Mama Kulek. Looks like it is just housekeeping/scheduling stuff from the description though.
https://soundcloud.com/user-7602410/1ap2017-02000-20170803-150509
1 week later
Today we have the addition of VP/Maletich's
"COUNTER-PLAINTIFFS’ RESPONSE TO COUNTER-DEFENDANTS’ SUPPLEMENTAL MEMORANDUM IN SUPPORT OF COUNTER-DEFENDANTS’ MOTION TO DISMISS"
What a mouthful... anyway, this is VP/Maletich's attempt to keep Keith from getting the (IMHO "bogus") defamation counterclaim dismissed.
How will it all play out, tune in next Thurs (or perhaps Fri) for the audio of the oral arguments and find out...
Quoted from rommy:She is an awful attorney from my perspective. I am a stickler for correct legal writing and she gets an F. Look at all this crap
IMHO, the biggest problem Attorney Shanna Kaminski faces is that all the crap she is spewing is based on the premise that "somehow" the allegations which Keith made in a legal filing are "defamation" because "people on the internet read the filings" which magically transforms them into proof of Keith publicly libeling VP/Maletich.
This argument is BS, which is why Keith's initial response is so short and sweet (instead of obfuscating the issue with lots of irrelevant info (which, even if true, doesn't matter)).
The law on this issue is clear and THAT is what Keith's motion to dismiss focuses on (not emotional "poor me" arguments like we have seen from the Kuleks and VP).
Anyway, oral arguments on the motion to dismiss are today.
It will probably be a few weeks before we learn how Judge Opperman rules. However, we should be able to get a reasonable idea of whether or not he is seriously considering the defamation claim based on today's audio.
Stay tuned folks!
Quoted from flynnibus:I don't think so... people gathering the court records and making them available or summaries are reporting on the details of a newsworthy topic for the community... The complaint from both sets of knuckleheads is those details end up on a website... because they want the information suppressed. Sorry, not how it works... and for great reasons too. The transparency of the courts protects us all.
Yep!
If anyone is interested in a deeper analysis I recommend this law review article:
Meliah Thomas, The First Amendment Right of Access to Docket Sheets, 94 Cal. L. Rev. 1537 (2006).
Available at: http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=1249&context=californialawreview
1 week later
Quoted from investingdad:Halloween approaches...
One might even refer to it as "The Season of the Witch"!
But wait... there's more!
Looks like Defendant James Bradley Piornak II will be settling soon.
See "JOINT FINAL PRETRIAL STATEMENT" (very long and in parts (like the included email thread) redundant) and "ORDER ESTABLISHING DEADLINES, CANCELLING TRIAL, AND SCHEDULING STATUS CONFERENCE"
Quoted from fosaisu:Who's he?
Another "Undocumented Employee" see following excerpt from the Feb. 14 Complaint against PIORNAK II
1 month later
Quoted from cliff_clavin:Did we ever hear the results of whether the slander suit could go forward? Keith argued the merits a few weeks back if my memory is accurate.
Still pending. Will post as soon as it is on the docket sheet (unless Wolfmarsh beats me to it).
1 week later
If the U.S. Marshals drag her ass back from California, I bet she will ask Judge Opperman: “who is going to reimburse [her] for the cost of returning to California to finish [her] vacation.”
4 weeks later
Patience... I’d expect Judge Opperman’s decision on VP/Maletich comes out before Christmas so he has it off his plate before the New Year (even though it is just one part of the larger VP/Maletich case).
Unlike my prediction of the outcome, I’m not putting a donation on the line though.
4 months later
These guys make Kulek & Co. look like responsible geniuses.
Details from court filings about the VERRUCKT water slide (designed by a high school drop out using “trial and error” instead of employing a qualified engineer) that decapitated a rider at Schlitterbahn in Kansas during the summer of 2016.
1 month later
People are just expecting things to progress too quickly. There is nothing on the calendar for the VirtuaPin proceeding until November, 2018.
When I was in law school, our Professional Responsibility Prof. asked us "what we thought the greatest source of complaints to the state bar association was?"
The initial answers all had to do with embezzling/co-mingling funds, self-dealing and other breaches of fiduciary duty, gossiping about clients and cases, sex with clients... and lots of other very obvious "bright line" no-nos.
Turns out clients' number 1 complaint across all jurisdictions is "lawyer not communicating with me regularly." But what people who are not familiar with the law don't "get" is that many legal proceedings take 3-5 years to complete.
Even when an attorney says "Ok, our next court date is [far in the future], absolutely nothing will change between now and then, and I will be in touch closer to that date" clients are still upset they are not getting weekly updates.
There's nothing to update until the next court date. I waited 10 months for my GB Premium (ordered March 2016; delivered Oct 2016). I know lots of other people have waited a long time on games. Think of this the same way.
If you want to exchange pleasantries with your attorney via email or phone, they will be happy to bill you for them in 6, 10, or 15 minute increments.
Otherwise wait for the next significant date to occur and until then "no news is good news."
4 months later
Not true... interesting recent filing from Tim Fife. I will post it shortly.
Insanely busy with work lately, but this is the reminder I needed!
Additionally, note on page 6 that we could potentially (though not guaranteed) purchase a full copy of the 12 hours of deposition transcripts (of various Kuleks and other parties and witnesses) from the court reported for $1300.
Anyone want to set up a GoFundMe?
1 year later
All the recent posts inspired me to check on the status of the bankruptcy case alerts I have running on Bloomberg Law to confirm the status of the various KULEK and KULEK-RELATED (e.g., VirtuaPin's CNC Machine, Tim Fife's Predator pin, etc.) proceedings (which I believed to be CLOSED).
All of the bankruptcy proceedings (of which I am aware) are CLOSED.
I'm not aware of any other (civil or criminal) proceedings.
However, if there are any (now or in the future), the dockets for federal proceedings will be easy to get. For state proceedings, online access not only varies from one state to the next, but even from county to county within the same state.
In my next post, I will list all the case info on the cases I was tracking. This info has already appeared throughout this thread, but I am reproducing it so that people can see it all in one place.
Frank v. Droomer, Docket No. 1:17-ap-02016 (Bankr. E.D. Mich. Feb 14, 2017), Court Docket
DATE FILED Feb 14, 17
STATUS Closed
NATURE OF SUIT 13
Recovery of money/property - 548 fraudulent transfer
02
Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)
DEMAND $10000
ASSIGNED TO Judge Daniel S. Opperman.BayCity
DATE TERMINATED 2017-09-08
DATE DISMISSED 09/08/17
LEAD CASE 16-21030
RELATED CHAPTER 7
RELATED TITLE Kevin W Kulek
Frank v. Klumpp, Docket No. 1:17-ap-02018 (Bankr. E.D. Mich. Feb 14, 2017), Court Docket
DATE FILED Feb 14, 17
STATUS Closed
NATURE OF SUIT 13
Recovery of money/property - 548 fraudulent transfer
02
Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)
DEMAND $10000
ASSIGNED TO Judge Daniel S. Opperman.BayCity
DATE TERMINATED 2017-12-14
DATE DISMISSED 12/14/17
LEAD CASE 16-21030
RELATED CHAPTER 7
RELATED TITLE Kevin W Kulek
Frank v. Kulek, Docket No. 1:16-ap-02073 (Bankr. E.D. Mich. Sep 16, 2016), Court Docket
DATE FILED Sep 16, 16
STATUS Closed
NATURE OF SUIT 13
Recovery of money/property - 548 fraudulent transfer
02
Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)
DEMAND $148000
ASSIGNED TO Judge Daniel S. Opperman.BayCity
DATE TERMINATED 2018-05-31
DATE DISMISSED 05/31/18
LEAD CASE 16-21030
RELATED CHAPTER 7
RELATED TITLE Kevin W Kulek
Frank v. Kulek, Docket No. 1:17-ap-02000 (Bankr. E.D. Mich. Jan 02, 2017), Court Docket
DATE FILED Jan 2, 17
STATUS Closed
NATURE OF SUIT 12
Recovery of money/property - 547 preference
13
Recovery of money/property - 548 fraudulent transfer
02
Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)
DEMAND $40000
ASSIGNED TO Judge Daniel S. Opperman.BayCity
DATE TERMINATED 2017-10-27
DATE DISMISSED 10/27/17
LEAD CASE 16-21030
RELATED CHAPTER 7
RELATED TITLE Kevin W Kulek
Frank v. Maletich et al, Docket No. 1:17-ap-02002 (Bankr. E.D. Mich. Jan 02, 2017), Court Docket
DATE FILED Jan 2, 17
STATUS Closed
NATURE OF SUIT 11
Recovery of money/property - 542 turnover of property
13
Recovery of money/property - 548 fraudulent transfer
02
Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)
DEMAND $131000
ASSIGNED TO Judge Daniel S. Opperman.BayCity
DATE TERMINATED 2018-08-03
DATE DISMISSED 08/02/18
LEAD CASE 16-21030
RELATED CHAPTER 7
RELATED TITLE Kevin W Kulek
Date Reinstated/Reopened: 04/07/17
Frank v. Pinfield-Wells, Docket No. 1:17-ap-02014 (Bankr. E.D. Mich. Feb 14, 2017), Court Docket
DATE FILED Feb 14, 17
STATUS Closed
NATURE OF SUIT 13
Recovery of money/property - 548 fraudulent transfer
02
Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)
DEMAND $25000
ASSIGNED TO Judge Daniel S. Opperman.BayCity
DATE TERMINATED 2017-10-03
LEAD CASE 16-21030
RELATED CHAPTER 7
RELATED TITLE Kevin W Kulek
Frank v. Piornack, II, Docket No. 1:17-ap-02013 (Bankr. E.D. Mich. Feb 14, 2017), Court Docket
DATE FILED Feb 14, 17
STATUS Closed
NATURE OF SUIT 13
Recovery of money/property - 548 fraudulent transfer
02
Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)
DEMAND $24000
ASSIGNED TO Judge Daniel S. Opperman.BayCity
DATE TERMINATED 2018-01-22
DATE DISMISSED 01/22/18
LEAD CASE 16-21030
RELATED CHAPTER 7
RELATED TITLE Kevin W Kulek
Frank v. Truckel, Docket No. 1:17-ap-02003 (Bankr. E.D. Mich. Jan 02, 2017), Court Docket
DATE FILED Jan 2, 17
STATUS Closed
NATURE OF SUIT 13
Recovery of money/property - 548 fraudulent transfer
02
Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)
DEMAND $8000
ASSIGNED TO Judge Daniel S. Opperman.BayCity
DATE TERMINATED 2017-02-21
LEAD CASE 16-21030
RELATED CHAPTER 7
RELATED TITLE Kevin W Kulek
Kevin W Kulek, Docket No. 1:16-bk-21030 (Bankr. E.D. Mich. Jun 03, 2016), Court Docket
DATE FILED Jun 3, 2016
STATUS Closed
ASSIGNED TO Judge Daniel S. Opperman.BayCity
DATE TERMINATED 2019-12-10
DATE REOPENED 02/15/2019
Chapter 7
Voluntary
No asset
Claims Register
Debtor disposition: Discharge Denied
341 meeting: 09/13/2016
Deadline for filing claims: 10/23/2018
Deadline for objecting to discharge: 03/12/2017
Deadline for financial mgmt. course: 09/12/2016
Kulek, Docket No. 1:18-cv-11509 (E.D. Mich. May 14, 2018), Court Docket
DATE FILED May 14, 2018
STATUS Closed
NATURE OF SUIT 422 Bankruptcy Appeal (801)
ASSIGNED TO District Judge Sean F. Cox
CASE IN OTHER COURT USBC-BC, 16-21030
CAUSE No cause code entered
DATE TERMINATED 2019-01-11
JURISDICTION Federal Question
JURY DEMAND None
REFERRED TO Magistrate Judge Patricia T. Morris
As far as the way things played out, I was surprised there was no recovery against Paul Maletich & VirtuaPin (especially since there was originally a default judgment against Maletich & VirtuaPin).
There could be many reasons for this, but here are my opinions as to the possibilities:
1. There were not actually grounds for recovery against Maletich & VirtuaPin.
2. There were grounds for recovery, but KeithinMI and/or the plaintiffs thought it wasn't worth it to continue to pursue the case once Maletich obtained effective representation.
3. The whole "defamation counterclaim" sideshow spooked Keith and/or the plaintiffs (even though I still think is was a BS claim and Keith ultimately would have prevailed). Agreeing to dismiss the case against Maletich & VirtuaPin seemed like a better option than the additional costs of discovery and litigation related to defeating the defamation counterclaim.
Anyway, at least Pinside got $100 out of me being wrong about the defamation counterclaim being dismissed. Note, this does not mean the defamation counterclaim was legit. However, the court was not be able to dismiss it without additional information:
"Put in the context of this adversary proceeding only, the Defendants' Counterclaim against the Plaintiff would fail. But there is more to this case than mere allegations in the Complaint. For some reason, the allegations made in the Complaint escaped the judicial or court setting and have now made their way into the general public.
...
The mere recitation of the four paragraphs complained of by the Defendants filed with this Court are not actionable on their own, but the publication to others beyond the normal course leaves this Court to conclude that the Defendants should be allowed limited inquiry as to how the allegations, as well as any comments regarding the allegations, were developed. The Court is also interested in learning about the individuals involved with the dissemination of this information outside of the normal court proceedings."
Frank v. Maletich (In re Kulek), No. 16-21030-dob, 2017 BL 446251 (Bankr. E.D. Mich. Dec. 11, 2017)
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