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Thursday, July 28, 2011

61 F.3d 909: Julian Ayrs vs. Judge Arthur Greenwald! Julian Ayrs won settlement in bankruptcy litigation!












If you are a curious individual, occasionally, you may "google" yourself to determine what links appear on the search page that refer to your name, reputation, and status in the community-at-large.

Sometimes, the results may be startling, because a search item may relate to one particular aspect of a life event without referring to the eventual outcome.

For instance, when I googled my name a few months ago, I was surprised to spy an entry for a legal matter - Case No. 61 F.3d 909 - which (when taken on its face) appeared to infer that I did not prevail in legal wranglings surrounding a debt owed me by a businessman (Ardas Yanik) in a bankruptcy proceeding (which was secured by a judgement lien).

At this point, I have to back up a moment, and provide some background information.

In a nutshell?

A debtor - Ardas Yanik - owed me several thousand dollars based on a judgment I was awarded by the Los Angeles Superior Court.

In a deceitful effort to to avoid paying the debt, Mr. Yanik proceeded to file a bankruptcy petition in which he concealed his assets (for example, properties were transferred to his wife on the eve of the filing of request for relief) and also gave low-ball appraisals of personal property in a dishonest effort to meet the necessary bankruptcy criteria.

When I informed the court that Mr. Yanik's bankruptcy was fraudulent on its face, Judge Arthur Greenwald - presiding over the Chapter 7 case - failed to refer the matter over to the authorities for prosecution.

Frustrated by the fact he appeared to be derelict in his duties, I filed a lawsuit against Judge Greenwald, with the knowledge that the litigation might heighten the stakes.

Indeed, although I was keenly aware that there wasn't a hope-in-hell that a Judge would rule against a fellow Judge, I was smart enough to recognize that the lawsuit against "Arthur Greenwald" would toss a glaring spotlight on his courtroom (and his failure to take action against a dishonest debtor looking for a clean slate).

Sure enough, the 9th Circuit Court of Appeal denied the one appeal (Case No. 61 F.3d 909) that came before their panel (which was just one step in the seven-year legal proceedings).

But, when the matter was referred back to Judge Greenwald's Courtroom, his Honor (!) proceeded to hammer out a settlement between myself and the debtor (Ardas Yanik).

So, in the end scenario, I won!

These matters are on record at the Federal Bankruptcy Court in downtown Los Angeles.

However, if an unknowledgeable lay person (who failed to conduct any proper research) just relied on the reference that popped up in the google search, they would jump to the conclusion that I lost (when I most certainly did not).

It should be noted that the 9th Circuit ruling that I am referring to above was in "error" as a matter of law.

By the way, it is a well-known fact that 96% of the rulings the Justices rendered in the 9th Circuit appellate court, are usually reversed by the Supreme Court!

Alex Kozinski by the way - one of the Judges on the 9th Circuit panel who ruled on the above-captioned issue - is also known to be a disreputable Justice who spends off-hours screening pornography (much to the dismay of his fellow colleagues who have denounced him publicly).

Where is Ardas Yanik now?

The last I heard, he was being prosecuted for "razing" a landmark building he was leasing in the Los Angeles area, without permission of the owners or the City of Los Angeles.

For details, search "Ardas Yanik".

And, how was your day?

http://www.thetattler.biz




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