Part 8: 07/15/2008 Doc 339
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Conclusion
As several times testified and stated to this Court, Altomare is broke, not liquid, upside down, unable to obtain credit, and bankrupt both at the common law and in bankruptcy code parlance of the word, “bankrupt.” The SEC omitted from its submission a $35,000.00 check dated December 5, 2007 made payable to Richard Altomare as a loan by a neighbor and friend. (Depo Ex. 23). It is appended here as DX-61; RAA-1108). Altomare testified that this was exactly as indicated on the check, a loan that was needed to make partial payments on attorney’s invoices, for services rendered. The check was deposited into the Altomare account at Wachovia Bank. (id.) The foregoing facts establish Altomare’s complete inability to pay more than that which has been paid and pledged. In the more than 2,560 pages of financial, property and related documents, Altomare has reached to the far edges of all document sources available to marshal proof of his inability and has met his burden of establishing inability to pay. Interpreting the limited Second Circuit authorities establishing the standard of review applicable to the current issue in a literal and not reasonable way would be unconstitutional in violation of due process, fundamentally unfair, and an abuse of this Court’s discretion. The SEC’s distractions from the narrow, current issue should be disregarded.
Respectfully submitted,
TIFFORD AND TIFFORD, P.A.
ARTHUR W. TIFFORD, ESQ.
Lead Counsel for Defendant
Richard A. Altomare
1385 NW 15 Street
Miami FL 33125
Telephone: (305) 545-7822
Telefax: (305) 325-1825
BY /s/
ARTHUR W. TIFFORD
(NY ID-011481)
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07/15/2008 339 RESPONSE in Opposition re: 191 MOTION for Sanctions and Entry of Contempt against Universal Express, Altomare and Gunderson. Response to Plaintiff's Second Submission on Issue of Contempt and Second Motion for Relief from Contempt. Document filed by Richard A. Altomare. (Tifford, Arthur) (Entered: 07/15/2008) |
