This Blog is set up to assist attorneys responding to various "Debt Elimination", "monetary protester", "money lent", "Modern Money Mechanics", "Mandrake Mechinism", "'The Creature from Jekyll island" and "militia" types of defenses to credit card accounts. Typically these defenses are based upon the Plaintiff not being a holder in due course, failure to prove that the Plaintiff uses "generally accepted accounting principles", the "FDCPA", and Fair Credit Billing Act. As I have time I will post

Wednesday, February 08, 2006

Can you stop militia pleadings? Perhaps, the Courts can sometimes restrict pleadings that a party can file. This is the start of some research. Strike Militia Pleadings?

posted by Blog Master at 5:11 PM

2 Comments:

Blogger Blog Master said...

Here is a portion of a brief that explains the bankruptcy court's ability to limit the filings by abusive litigants:

In short the Defendant is using the court as a litigation playground to advance her nonsensical ideas. In In re Wallace 288 B.R. 139, *150 - 151 (Bkrtcy.N.D.Okla.,2002) the court imposed the following restrictions upon a debtor who filed abusive and/or paranoid pleadings:

IT IS THEREFORE ORDERED that the Motion for Imposition of Filing Restrictions Pursuant to [Bankruptcy] Rule 9001 and [11 U.S.C. § ]105, as supplemented, filed by Patrick J. Malloy III, Trustee herein be, and the same hereby is, granted in part.
IT IS FURTHER ORDERED that, effective January 3, 2003, any pleading filed by Mr. Wallace on a pro se basis must contain a statement by Mr. Wallace under penalty of perjury pursuant to 28 U.S.C.A. § 1947 (West 2002), in proper form, which includes the following information:
i. The legal basis for the pleading;
ii. The specific factual basis for the pleading;
iii. A statement that the issues raised in the proposed pleading have never been finally disposed of by any Federal or State court and are not to the best of Mr. Wallace's knowledge, barred by the doctrines of res judicata or collateral estoppel;
iv. Whether Mr. Wallace was aided in any way, shape or form by any individual in the preparation of the pleading, including but not limited to drafting, legal research, word processing or other forms of assistance. If such assistance has been provided, Mr. Wallace shall disclose:
(1) The identity of the person providing the assistance;
(2) The nature of assistance provided; and
(3) The compensation paid by Mr. Wallace or by any other person on behalf of Mr. Wallace for such assistance.
v. A statement that the legal or factual arguments raised by the proposed pleading are not frivolous or made in bad faith; that to the best of Mr. Wallace's knowledge, they are warranted by existing case law; that the intent of the proposed pleading is not improper and is not intended to delay or cause a needless increase in costs or to avoid the orders of this Court; and
vi. A statement that Mr. Wallace will comply with the Rules of Bankruptcy Procedure and the local rules of this Court.
IT IS FURTHER ORDERED that all documents filed by Mr. Wallace on a pro sebasis shall be forwarded to the Court. The Court shall make a determination
whether Mr. Wallace has complied with this order and whether the pleading has sufficient merit on its face to justify further consideration by the Court and the parties. If the Court does not permit the pleading to go forward, the Court shall enter an order striking the pleading and stating the reasons for its decision. The Court may also, in its discretion, issue an order to Mr. Wallace pursuant to Bankruptcy Rule 9011(c)(1)(B) to show cause why sanctions should not be entered against him for violation of Bankruptcy Rule 9011(b). If the Court determines that the pleading has been filed in accordance*151 with the terms set forth herein, the matter shall proceed in accordance with Rules of Bankruptcy Procedure and the local rules of this Court.

Wallace at 150 –151.

5:21 PM

 
Blogger Dr Purva Pius said...

Hello Everybody,
My name is Mrs Sharon Sim. I live in Singapore and i am a happy woman today? and i told my self that any lender that rescue my family from our poor situation, i will refer any person that is looking for loan to him, he gave me happiness to me and my family, i was in need of a loan of S$250,000.00 to start my life all over as i am a single mother with 3 kids I met this honest and GOD fearing man loan lender that help me with a loan of S$250,000.00 SG. Dollar, he is a GOD fearing man, if you are in need of loan and you will pay back the loan please contact him tell him that is Mrs Sharon, that refer you to him. contact Dr Purva Pius,via email:(urgentloan22@gmail.com) Thank you.

BORROWERS APPLICATION DETAILS


1. Name Of Applicant in Full:……..
2. Telephone Numbers:……….
3. Address and Location:…….
4. Amount in request………..
5. Repayment Period:………..
6. Purpose Of Loan………….
7. country…………………
8. phone…………………..
9. occupation………………
10.age/sex…………………
11.Monthly Income…………..
12.Email……………..

Regards.
Managements
Email Kindly Contact: urgentloan22@gmail.com

12:43 AM

 

Post a Comment

<< Home

 
Submit your Resources and Stories! Hit Counter
Web Site Counters