The Law of Lying: Desecration of Oaths
May 24, 2021 Hearing on Automatic Stay Motion
JUDGE MCEWEN: It is going in the (sic) manner it’s supposed to. They have alleged a fraudulent debt. They have to go forward with proof. They have the burden of proof to show what they allege.
MCEWEN: It’s very standard stuff. We get 523(a) complaints all the time, where one creditor thinks that the Debtor didn’t do something right pre-petition and they use one of those 523(a)s.
ANTONIO: I understand that, but there’s also protections in place before you can even do that, such as for removal from State Court in order to even litigate it in this court. How has that not happened?
MCEWEN: It’s too late now.
ANTONIO: It’s not too late.
MCEWEN: Ma’am, do you know when the deadline is for removal. And, by the way, you could have done it yourself. But I would have sent it back.
ANTONIO: You know, I had to take a little bit of time to study bankruptcy law. What about subject-matter jurisdiction or my right to a jury trial. I never waived that.
MCEWEN: A nondischargeability determination is made by the judge in bankruptcy… You’re in bankruptcy. You came here. I didn’t drag you here. You came to stop something –
ANTONIO: So if the State Court action is not litigating a dischargeable claim, so how is it happening when this is State Court claims of Conversion, unjust enrichment? — I am not waiving my jury trial, so how is it litigating here?
MCEWEN: This is not anything that is jury triable. It’s an exception to discharge. – I’m telling you that it is a core matter. Look at Title 28, Section 157(b)(2)(I)… Core proceedings include determinations at to the dischargeability of particular debts. – It is a core proceeding… Congress said it’s a core proceeding. You can’t tell me it’s not. All right. There’s no stay violation here… Ma’am, you said things in your motion that just aren’t accurate. You said it’s not a core proceeding. I just showed you where Congress said it is… What part of Section 362(a) do you think is being violated?
May 28, 2021 In Re: Bitman
Four days later Judge McEwen entered an Order in another case she was hearing that completely contradicts her statements disregarding the continuation of a lawsuit and her refusal to comply with the law.
Under Section 1001 of title 18 of the United States Code, it is a federal crime to knowingly and willfully make a materially false, fictitious, or fraudulent statement in any matter within the jurisdiction of the executive, legislative, or judicial branch of the United States.
MCEWEN: Well, this doesn’t identify to me what portion of Section 362(a) she believes is violative of the automatic stay. Are you litigating in State Court?
THOMPSON: We’re not, Your Honor. Nothing’s been filed in State Court since the date that the suggestion of bankruptcy was filed…
MCEWEN: What date did you file the Complaint? You filed it very soon after the Petition was filed, didn’t you?
THOMPSON: Yes, Your Honor.
MCEWEN: All right. Well, I find that there is no violation of the automatic stay. The adversary proceeding is a core proceeding. It’s as core as core can get. The Bankruptcy Court has jurisdiction under Title 28, Section 157 to conduct this proceeding. The fact that it may overlap allegations that are lodged in the State Court Complaint does not make it non-core. Indeed, frequently the core set of facts that underlies a State Court suit would be the same in a dischargeability proceeding, and so I deny her motion.
Judge McEwen had notice of the domestic violence since, at least, December 2020. Judge McEwen had notice of the threats by Geberth during the January 11, 2021 hearing. Judge McEwen had notice of the voicemail threat repeatedly, including in the March 2021 Motion for Protective Order and the voicemail threat was included in Debtor’s Amended Emergency Motion for Violation of Automatic Stay. Refusing to dismiss the Dischargeability Proceeding, allowing a “Corporate Entity” to engage in practices to violate and intrude on a family’s private and financial matters without any legal basis. Judge McEwen willingly and intentionally continued and aided in the psychological abuse, financial abuse, that was every part of being tortured. I was being tortured by having to defend myself. I was being framed by this Court. I was discriminated. Bullied. Harassed. This was the purest evil that no one should suffer. At this stage, every day that this proceeding had continued was, in my opinion, an attempt to murder me. Just like Geberth promised in that voicemail, guaranteeing to “fuck me over” no matter how much it cost him.