May 25, 2009 --- The US Bankruptcy Court has dismissed the bankruptcy petition filed by Heidi K. Diaz.
Initially Heidi filed for protection under Chapter 11 - a reorganization plan for businesses. Between the efforts of John Tiedt, lead attorney for the Class Action lawsuit against Ms. Diaz, and Scott Clarkson, the bankruptcy attorney representing the interests of the Class Action participants, they were able to demonstrate to the trustee that Ms. Diaz did not qualify to file Chapter 11, resulting in her stating her intention to refile under Chapter 13. What is not clear is if she ever actually did that.
What is clear is the trustee has determined that the case should be completely dismissed at this point. This could be for a variety of reasons. The documents don't specifically state, but it is my speculation that Heidi was not being cooperative with the requests of the trustee. She certainly didn't want to be forthcoming with honest answers to legitimate questions, nor did she want to surrender further information as she was soon to be compelled to surrender.
Regardless of the reason, the end result is that the bankruptcy is dismissed, Heidi is prohibited from refiling for 180 days (6 months), and a judgment was entered against her in the amount of $325 for costs.
Attention will once again turn to the main lawsuit. I, for one, do not believe that Heidi is going to suddenly turn cooperative. Surely she will attempt to thwart John's efforts at every turn as she has previously. Do you suppose she will finally "get it" that her adversary is NOT going to back down? Can the end to this madness be far from sight? Several of us have invested months in this case. I have to say, moments like today when my phone rang make it oh, so worth it :)
Jeanessa has often marveled that in her quest for a lawyer she managed to find John. This case most certainly would not be where it is today without him. Thank you, John!