Phil Groom writes:
Scanned documents dated October 29th 2008, received this evening; thanks to my source: you know who you are.
Fairly large files so you may have to be patient whilst they load. I’ll leave others to transcribe/comment for now; too late in the day for me to get my head round it, but there’s evidently been some sort of compromise brokered. Nonetheless, J Mark Brewer has clearly had to part with some money and now needs to get his re-training underway…
13 responses so far ↓
David Keen // November 5, 2008 at 12:12 am |
The original motion for sanctions by Randy Williams sought:
– a minimum fine of $10,000 on Mark Brewer and his firm to compensate the Trustee, as well as $5,000 of Trustees expenses.
– a further $10,000 payable to the Clerk of Court as a deterrent to future behaviour
– 20 hours of legal ethics training to be completed in the next 12 months.
Brewer replied that
– he’d pay ‘reasonable’ costs to the Trustees and Counsel
– he’d complete Continuing Legal Education on bankruptcy, with an ethics credit.
– a deterrent fine wasn’t necessary, as he’d be unlikely to repeat the action.
It looks like this covers the expenses ($10k plus $5k) but not the extra 10k as a deterrent. The legal re-education has been reduced, and is more on MB’s terms. And if this is it then the various charges laid in the Motion for Sanctions against Mark Brewer aren’t going to be pursued.
If this has been agreed by all parties, then it reaffirms Brewers admission of a degree of fault in filing the case, but not much more than this. More importantly, I’m guessing it means that all of SSG’s financial affairs have to be settled in the UK.
A legal eagle can probably explain whether the order for ‘J Mark Brewer and the firm of Brewer and Pritchard’ to pay money means that they both pay the stated amount (double your money!), or Mark Brewer/Brewer & Pritchard just have to find the money between them?
Plato // November 5, 2008 at 9:57 am |
A degree of justice but not very much. Lets hope this is only the beginning . . . . .
Valiant for Truth // November 5, 2008 at 4:03 pm |
I am sincerely concerned that Mark Brewer has got off so lightly. Are his law firm colleagues content that he’s brought them into disrepute? Presumably UK debtors now have to start proceedings in this country to retrieve their debts. or will they just give up? Or even worse, some suppliers are now suuplying shops again – where’s the unity with sacked staff?
asingleblog // November 5, 2008 at 7:16 pm |
My guess is that Mark Brewer has made a deal with Pritchard and that the charity will foot the bill. Brewer will get away unless the debtors start proceedings or the SPCK gets rid of the squatters.
UTB // November 5, 2008 at 7:37 pm |
VFT – Which suppliers are these anyway – it would be interesting to know.
One assumes the suppliers that are supplying the shops have been paid then? and I suppose they are using a bit of business savvy and not supplying them on credit terms but proforma?
Though to be fair one supposes one can understand why they would supply them on a payment up front basis – after all the suppliers need to sell the books to pay their bills and their staff. Though it would have been nice if until equity for all was provided they had been able to resist selling to them.
justflyingkites // November 5, 2008 at 8:03 pm |
UTB – Bertrams and Gardners. STL do proforma.
justflyingkites // November 5, 2008 at 8:03 pm |
UTB – Bertrams and Gardners. STL do proforma.
MOUSEY // November 6, 2008 at 10:37 am |
For my comment see St Stephen Schrodinger`s Cat on asingleblog.
Matt Wardman // November 6, 2008 at 11:40 am |
I’d punt for “the end of the beginning”.
>Presumably UK debtors now have to start proceedings in this country to retrieve their debts. or will they just give up?
That would be my guess.
So ….
ladies and gentlemen, gird your loins for the Long March.
Matt
Anne // November 6, 2008 at 11:07 pm |
I dunno. I’ve been pretty much caught up in some other exciting doings over here and haven’t had much time this week to think about this. But I have to observe that Americans’ perception of our judicial system pretty much centers around the idea that the lawyers pretty much run it. Not so much in the sense of its being corrupted but more that it’s all one big old boy (or good ole boy) network and pretty much impenetrable by the rest of us. You even see this as an average citizen when you show up for your jury service–and boy, do they have an insatiable hunger for jurors.
I guess I’m surprised at the sanctions, and I’d bet you anything the Brewers were surprised, too. I think they may have been counting on that good old lawyer-to-lawyer collegiality thing, and that’s not what has happened. The trustee called it exactly as he saw it, and the judge agreed. The fines and fees are a drop in the bucket, and the people most affected aren’t helped at all. But the very fact that this has happened will, I hope, be encouraging. These guys probably all play golf at the same clubs, eat lunch in the same restaurants, and attend the same bar association functions.
So be of good cheer, roll up your sleeves, and get the fight started on your own turf–where it belongs.
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