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@Knights Mom, just so I’m understanding correctly. If someone is sued for damages their assets can be frozen to prevent them from liquidation (ie selling all the horses for a dollar to MH. I’m not alleging that is going to happen or has happened just using it as an example.) in order to avoid paying? In this particular case, the judge feels that freezing MB’s assets is unnecessary because there is no proof that he is attempting to liquidate them?
Am I getting this right?
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I agree she is not owed money “for work or whatever”, but if she manages to win her suit and get a big bucks award against Barisone, she has a legitimate interest in the issue of his (potentially) putting his assets beyond her reach by, for example, selling valuable horses to friends for below market prices or other shenanigans. That’s the sense in which she is a potential creditor, as opposed to an actual creditor.
According to Knights Mom, the language that she had to be an actual creditor was DELETED in the (one and only) signed order. So why would you say that the DELETED language provided the basis for the denial?
My interpretation is that it was denied because there is not yet credible evidence that he is selling stuff.
Can we move on?
I don’t know can you? You’ve explained your position a thousand different ways. I assume we all can read. So there is no reason to reply with yet another explanation about why you disagree with Knights Mom.
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That post made a different point on the reason for the denial in direct response to your post. I was actually agreeing with Knights Mom to the effect that the reason the motion was denied was because there was no evidence that Barisone had, to date, tried to sell assets.
I don’t know NJ law well at all. I noticed in the not imaginary 1st order I read that a case with the name Crowe in it had been cited. The name stuck out as I know an atty with that name. So I googled NJ Crowe freezing assets prejudgment and came up with the memorandum I posted.
Is there additional statute in NJ about this? I don’t know. I only remember what I read in the 1st not made up order.
But to answer your question it is entirely possible that the plaintiff failed to produce convincing evidence of an attempt to sell property. It’s also possible that as per the last paragraph of the memorandum it can’t be done. It is also possible NJ doesn’t permit prejudgment asset freezes at all.
Again, I am not a NJ attorney.
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From what I read, LK’s atty cited a case from 1850 to reason why assets should be frozen pending litigation. MB’s attorney cited more recent cases, 1980 something, to say that Kanarek is not a creditor, so there is no reason to hold assets for her. Just because she wants money from Barisone in the future doesn’t mean his assets should be frozen. Judge said he was looking for more recent cases (than 1850) and agreed with MB’s atty that since Kanarek is not a creditor, and Barisone owes her no money, there isn’t any reason to freeze assets. Presuming that she will prevail, AND be awarded money above what Barisone might prevail upon her, (the difference between the two suites might be something in LK’s favor, or MB"s favor) but we don’t know if she will be owed anything, because the cases haven’t been heard yet and she might not even win. In so many words. But he left it without prejudice for a change of mind.
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Thank you! I can’t imagine assets get frozen unless there is clear evidence that someone is owed money. Or the assets are being sold way below value to diminish ones net worth.
I have seen assets frozen when someone rips of the government, but that was a federal case.
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Also, you were right, Denali in what you picked up that the idea of him selling off assets was something Kanarek even testified was hearsay, saying that she heard people inthe “Equestiran Community” (whatever that is) saying he was getting ready to sell some horses. MB’s lawyer mentioned the bold phrase there to accentuate that it was rumor, and LK didn’t have any source for the idea that he was selling horses.
Myself, I am always amused at when people try to value horses anyway. They are only worth what someone will pay for them. Getting them valued, legally, is just as much an imaginary number. All you need is an xray with some arthritic changes and the horse is worthless. Horses in my opinon cannot be assets. They eat away and get vetted away in expenses most of their value in a year or two. The net value of a horse is always in the red. And, Barisone doesn’t own the property he had his business on. I don’t know if he owns any other property.
I mean, who says this is a 100,000 horse? Or a 10,000 horse? or a 1000 dollar horse?
But maybe what she want isn’t money anyway. She’s more concerned about him selling horses than she is of him selling any real assets. In fact, I don’t recall her mentioning, or her attorney mentioning freezing any real assets. I don’t think a horse is an asset. Shouldn’t she be wanting bank accounts and property? Maybe what she really wants is to be able to say “Well, if he just gives me the horses I’ll be satisfied.” Now why would I think a thing like that?
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I would assume that the company or farm owned the horses, rather than MB personally.
It makes sense that a business (or person) would not be barred from liquidating assets before a finding of liability happens; that’s very different from moving assets to another jurisdiction where they can’t be reached. He’ll still have the money from the sale of horses, perhaps even more, if he’s not having to pay for feed/care of said horses. I should think that selling some horses to pay for the upkeep of the other horses would be something we all want to see happen. I suspect he hasn’t got a lot of income right now…
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Goodness, @Knights Mom!! Thank you for the time you’ve spent teaching us and giving us examples to read and rules to follow. You’ve prevented lots of arguing and speculating and I appreciate that.
@Ambitious Kate MB owns property in Florida. My opinion is she wants everything he has including the clothes in his closet. She wants the NJ property to set up her own “training barn”, as though anyone would pay her to train them! :eek:
I have another legal question regarding something I think I saw earlier…LK is now calling RG her “boyfriend” rather than fiance. In NJ could he be compelled to testify against her if they are not married? I’m sure he knows where all the bodies are buried, oh, wait, supposedly there are bodies buried on the Hawthorne Hill Farm per previous threads and posts! :lol::lol::lol::lol::lol::lol::lol::lol::lol::lol::lol: That was sarcasm on my part for those too obtuse to know.
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Any amateur who WANTS to own more than one or two horses is certifiable, IMO. Horses eat money, poop bills, and break your heart six ways till Sunday. It’s one thing for a pro to have a stable full of ‘em. And in a pro’s barn, most of them are for sale.
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Anyone know what became of Concheta(SP?)
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Still with Jan Williams?
http://www.janwilliamsdressage.com/conchita.html
Michael Oyson is on Twitter. He was her owner at one time. May still be her owner (I have no idea). Perhaps he will answer if asked directly.
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Except… you have no idea what “papers mean what.” You, Eggbutt & AngelaFreda seem to believe “answers,” made by the attorneys of a man who is desperately trying to get out of two attempted charges… are “fact.” If you are unable to comprehend these are nothing more than an attempt to make up as many untrue allegations as possible, you probably shouldn’t be trying to “explain to others,” what ANY type of document means.
If that disappoints you, well, you’ll just have to live with it, I guess. Btw- perhaps you can explain how it’s even possible to have “10,000 Facebook friends.” No? Oh ok. Didn’t think so. But, you feel any other blatant lie included (which is basically all of them) - even though I haven’t read them all myself Bc they are honestly, too ridiculous- are, in your mind, “factual?” Yeah. Makes complete sense. (Not at all.)
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Yes, ma’am. Absolutely. Everyone can read her comments- as well as mine. Unless, of course, either one of us have a user blocked. That said, I’m sure there are enough people not blocked, who have taken screenshots, whether or not she has deleted them by now. Not to mention, NC is small regarding the dressage/equestrian community. There is not one single trainer whom I’ve had exchanges with, who believe Eggbutt to be anyone other than the exact person/s I have always maintained she/they are. I have kept close track of each & every comment made by her (& others) on each one of these threads. Speculating is one thing. Calling unfounded accusations, posed by either herself, or by equally motivated responding civil attorneys “facts,” is a whole different ball of wax.
Then again, she has done the same exact thing to Robert - in her moronic (yes, I said that) accusations of his (non existent “bathroom work,”) to be “shoddy.” Just more gaslighting & other times, complete pivots to attempt to discredit someone else, anytime an excellent point is made directly in response to her & tosses her ridiculous “theories,” directly in the trash can. I honestly find it sad. Truly.
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Reading comprehension helps. Really it does:
“7. At all times relevant hereto, Kanarek was and remains a significant user of various forms of social media including Facebook through which, upon information and belief, Kanarek has more than 10,000 Facebook “Friends,” messenger communication contacts, chats, and like online activities (collective, whether on Facebook and/or other platforms, “Facebook”).”
Knitting…trying knitting. Or crochet. Cross stitch may actually be better to distract your mind regarding who people are and why you are so concerned about them.
You’ve stated nothing in these two most frequent posts to be anything new. Simply the same, tired deflections.
Perhaps knitting would be best after all.
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Interesting. Did someone (or, anyone) at any time , ever even once, claim that RG is NOT suing? Oh ok. Didn’t think so. To “borrow,” from Eggbutts widely & overly used verbiage, “it’s fascinating, how many people who have no idea whatsoever of anything going on behind the scenes, seem to feel they know, (wait for it…) … isn’t it?”
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Knight’s Mom is an attorney. She understood the papers. Plenty of people have thousands of Facebook friends, because plenty of people accept friend requests without knowing the individual who made the request. It doesn’t mean 10,000 people requested to be friends with you (Lauren Kanarek).
You completely overlooked that question was addressed to you (Lauren Kanarek), not Eggbutt.
Everyone can read your Facebook comments. NGPY stated she doesn’t know Eggbutt. A semicolon might have made that more clear when no further context was given, but it was clear enough in NGPY’s post because she had quoted you in the body of her text.
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Hey, now! No need to drag cross stitch into this. We are a peaceful bunch.
Sheilah
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