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To: scion who wrote (2250)	9/18/2010 12:27:52 PM
From: scion	Read Replies (1) \| Respond to of 53574

09/03/2010 7 Emergency Motion For Contempt And Complaint for Money Damages Filed by Eric A Lanigan on behalf of Debtor Roy Thomas Kidd (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E) (Lanigan, Eric) (Entered: 09/03/2010) Doc 7 PDF file viewer.zoho.com Extract: 3. On August 20, 2010, Cornell made application for injunctive relief, both temporary and permanent, to the Superior Court of New Jersey, Hudson County, to enjoin and restrain the Debtor from any activity that would allow the debtor to sell any assets in a certain Maxim Group brokerage account, including but not limited to JBI Inc. shares held in that account. Although Debtor has never received a copy of the application, a copy of Cornell's "letter brief" in support thereof has been furnished, and a copy is attached hereto and incorporated by reference herein as Exhibit "A". [...] 8. The Maxim brokerage account, including the JBI, Inc. stock held therein, that constitutes the subject of the restraining order is owned by the Debtor and his wife as tenancy by the entirety property. These assets, being issued to and owned by the Debtor and his wife as tenants by the entirety while residing in Florida, are exempt from the claims of Debtor's creditors, including Cornell. Cornell's counsel, having offices in Florida, knew or should have known that the Maxim brokerage account and JBI stock, both being held in tenancy by entirety, would be exempt in this bankruptcy proceeding. In re Kirshner, 2007 WL 3232258 (Bankr. S.D. Fla. 2007). True and correct copies of the Maxim brokerage accounts statement and JBI, Inc. stock certificates are attached hereto and incorporated by reference herein as Exhibit "E". [...] 11. Debtor and his spouse were in the final stage of hypothecating the JBI stock at the time that the temporary injunction was imposed by the New Jersey Superior Court. As a direct and proximate result of the refusal of Cornell and its legal counsel to comply with the automatic stay, the Debtor and his spouse have already suffered losses in excess of $300,000, and will permanently and irreparably lose the benefits to be derived from said hypothecation if immediate action is not taken to vacate the temporary injunction. True and correct copies of the Maxim brokerage accounts statement and JBI, Inc. stock certificates are attached hereto and incorporated by reference herein as Exhibit "E". Doc 7-6 PDF file viewer.zoho.com Note: For easier reading of the file, download it. 1 Main Document 6 pages 2 Exhibit A 3 pages 3 Exhibit B 3 pages 4 Exhibit C 2 pages 5 Exhibit D 2 pages 6 Exhibit E 9 pages