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Pastimes : Plastics to Oil - Pyrolysis and Secret Catalysts and Alterna -- Ignore unavailable to you. Want to Upgrade?

To: scion who wrote (4997)	2/10/2011 10:45:53 AM
From: scion	Respond to of 53574

COMPLAINT TO AVOID FRAUDULENT TRANSFERS FOR VALUE - Doc 1 extract Part 2 - COUNT I – COMPLAINT TO AVOID FRAUDULENT TRANSFERS (Actual Intent) 33. Plaintiff realleges and incorporates the allegations contained in paragraphs numbers one (1) through thirty-two (32) above. 34. This is an action against the Debtor and Joan Lowder Kidd to avoid fraudulent transfers pursuant to 11 U.S.C. §544 et seq. and Fla.Stat. §726 et seq. 35. This is a core proceeding pursuant to 28 U.S.C. §157(b)(2)(H). 36. Sometime between the October 2007 wedding and the March 26, 2008 Settlement Agreement, which is within four (4) years of the filing of the bankruptcy case, the Debtor transferred his interest in Sporstquest, Inc. stock and Greens Worldwide, Inc. stock (“Stock”) to himself and Joan Lowder Kidd as Tenants by the Entirety. 37. A majority of the Stock was subsequently transferred by the Debtor and Joan Lowder Kidd to YA Global as collateral under the Agreement. 38. However, the Debtor and Joan Lowder Kidd retained shares of the Stock which was undisclosed to YA Global when the Agreement was signed. 39. As referenced above, the Stock was transferred by the Debtor and Joan Lowder Kidd as Tenants by the Entirety through various stock splits, exchanges and transfers that eventually became JBI, Inc. stock that is owned by the Debtor and Joan Lowder Kidd as Tenants by the Entireties. 40. The value of the JBI, Inc. stock exceeds the amount owed by the Debtor to YA Global. 41. The Debtor transferred the Stock to the Debtor and to Joan Lowder Kidd as Tenants by the Entirety with actual intent to hinder, delay and defraud creditors. 42. At the time of the transfers of the Stock, the Debtor owed YA Global significant amounts of money pursuant to the Judgment and Settlement Agreement. 43. In addition, YA Global domesticated its Judgment prior to the Debtor’s marriage to Joan Lowder Kidd. 44. YA Global was pursuing collection of its Judgment against the Debtor at the time that the Debtor married Joan Lowder Kidd. 45. Sometime between the October, 2007 wedding of the Debtor and Joan Lowder Kidd and the signing of the Settlement Agreement between the Debtor and YA Global, at the end of March, 2008, the Debtor transferred the Stock from himself to himself and Joan Lowder Kidd as Tenants by the Entirety. 46. The transfers of the Stock was made with the intent of creating a tenancy by the entirety and keeping the Stock or its value out of the reach of YA Global and any of the Debtor’s other creditors that existed at the time of the transfers. WHEREFORE, Plaintiff moves this Court to enter its judgment as follows: (a) in favor of Plaintiff; (b) against the Debtor and Joan Lowder Kidd; (c) avoiding the transfers of the Stock to the Debtor and Joan Lowder Kidd as Tenants by the Entirety; and (d) awarding such other relief as the Court deems just and proper. COUNT II - JUDGMENT FOR VALUE 47. Plaintiff realleges and incorporates the allegations contained in paragraphs numbers one (1) through forty-six (46) above. 48. This is an action to recover for the benefit of the estate the value of the fraudulent transfers pursuant to 11 U.S.C. §550(a)(1). 49. This is a core proceeding pursuant 28 U.S.C. §157(b)(2)(H). 50. The Debtor and Joan Lowder Kidd are the initial transferees to whom the fraudulent transfers outlined above was made. 51. The Debtor and Joan Lowder Kidd received a benefit, either direct or indirect, from the transfer of the Stock. 52. The transfers are avoidable as set forth above. 53. Upon this Court’s determination that the transfers are avoidable, Plaintiff is entitled to recover a judgment against the Debtor and Joan Lowder Kidd for the value of the transfers. WHEREFORE, Plaintiff moves this Court to enter its judgment as follows: (a) in favor of the Plaintiff; (b) against the Debtor and Joan Lowder Kidd; (c) awarding a judgment for monetary damages in favor of the Plaintiff plus applicable interest and costs; and (d) awarding such other relief as the Court deems just and proper. COUNT III – COMPLAINT TO AVOID FRAUDULENT TRANSFERS (Constructive Intent) 54. Plaintiff realleges and incorporates the allegations contained in paragraphs numbers one (1) through forty-six (46) above. 55. This is an action against the Debtor and Joan Lowder Kidd to avoid fraudulent transfers pursuant to 11 U.S.C. §544 et seq. and 11 U.S.C. §726 et seq. 56. This is a core proceeding pursuant to 28 U.S.C. §157(b)(2)(H). 57. After October, 2007 and within four (4) years of the filing of the bankruptcy petition, the Debtor transferred the Stock to the Debtor and to Joan Lowder Kidd as Tenants by the Entirety. 58. The Debtor received less than reasonable equivalent value as a result of the transfers of the Stock from the Debtor to Joan Lowder Kidd as Tenants by the Entirety. 59. The Debtor was insolvent on the date of the transfers of the Stock to the Debtor and to Joan Lowder Kidd as Tenants by the Entirety or became insolvent as a result of the transfers. WHEREFORE, Plaintiff moves this Court to enter its judgment as follows: (a) in favor of Plaintiff; (b) against the Debtor and Joan Lowder Kidd; (c) avoiding the transfers of the Stock to the Debtor and Joan Lowder Kidd; and (d) awarding such other relief as the Court deems just and proper. COUNT IV - JUDGMENT FOR VALUE 60. Plaintiff realleges and incorporates the allegations contained in paragraphs numbers one (1) through forty-six (46) and fifty-four (54) through fifty-nine (59) above. 61. This is an action to recover for the benefit of the estate the value of the fraudulent transfers pursuant to 11 U.S.C. §550(a)(1). 62. This is a core proceeding pursuant 28 U.S.C. §157(b)(2)(H). 63. The Debtor and Joan Lowder Kidd are the initial transferees to whom the fraudulent transfers outlined above was made. 64. The Debtor and Joan Lowder Kidd received a benefit, either direct or indirect, from the transfer of the Stock. 65. The transfers are avoidable as set forth above. 66. Upon this Court’s determination that the transfers are avoidable, Plaintiff is entitled to recover a judgment against the Debtor and Joan Lowder Kidd for the value of the transfers. WHEREFORE, Plaintiff moves this Court to enter its judgment as follows: (a) in favor of the Plaintiff; (b) against the Debtor and Joan Lowder Kidd; (c) awarding a judgment for monetary damages in favor of the Plaintiff plus applicable interest and costs; and (d) awarding such other relief as the Court deems just and proper. DATED: February 9, 2011. /s/John Henry Meininger, III John Henry Meininger, III Meininger & Meininger, P.A. Post Office Box 1946 Orlando, Florida 32802-1946 Telephone (407) 246-1585 Facsimile (407) 246-7101 E-mail: john@meiningerlaw.com Florida Bar No. 0881775 Attorney for Plaintiff Doc 1 - PDF file viewer.zoho.com

To: scion who wrote (4997)	2/10/2011 10:47:15 AM
From: SteveF	Read Replies (1) \| Respond to of 53574

But it appears that what moved the price of the stock is a visit by someone most of us have never met. Another trap being set. The fun never stops. howto Member Profile howto Share Thursday, February 10, 2011 10:45:58 AM Re: None Post # of 92630 What is DD? I am amazed that we have had multituds of information from testing companys and the NYDEC. But it appears that what moved the price of the stock is a visit by someone most of us have never met. I like so many others visited the plant at the AGM last year. We have had CC's from the CEO, all good reliable information. This is the chance of a lifetime IMO and I have loaded very heavy long ago