Fornits
Treatment Abuse, Behavior Modification, Thought Reform => The Ridge Creek School / Hidden Lake Academy => Topic started by: Anonymous on May 14, 2009, 07:17:48 PM
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According to the Northern District of Georgia Bankruptcy Court, Case # 0922028, HLA has filed Chapter 11. If you would like to hear it for yourselves you may call the court automated number at 1-800-510-8284.
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I'm reading this new book and I just got to chapter 11, boy is it great. Go fuck yourself Buchi, you and all your lap dogs are getting exactly what you deserve you child abusing piece of shit.
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It is a joyous day indeed! We can only hope this means that no other kids will have to suffer at their hands and HLA will shut down for good.
I do have to day that Bucci was smart though by moving everything into L&K Holdings, LLC. Oh snap - is the cat out of the bag?! Yes, we're keeping a close eye on you.
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Does anyone want to take odds on where the tuition money went for the new student last week? I will lay odds it wasn't deposited into HLA,INC. And that poor family will never see their money. Planning this and still accepting money from that family is despicable.
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WHERE IS THAT LOW LIFE HOLLOWHEAD NOW?
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With the rest of the gang, playing Motzart on deck while the titanic sinks.
As I said, you're all getting exactly what you deserve. You knew what this school was, you knew what was going on, you knew what the man behind it stood for, and now the chickens have come home to roost.
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Ah... but this was to be expected, no? What other card could Buccellato possibly have played, to salvage what little pretenses are left?
Kudos to all who continued with their pressure over the years!
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;D :cheers: Friends
Is this the end, or beginning?
Will we see more suits from parents who were deceived about HLAs solvency?
Is the IRS yet asking, "Where's the Beef"?
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God knows. They certainly received a big enough package :)
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United States Bankruptcy Court
Northern District of Georgia
Notice of Bankruptcy Case Filing
A bankruptcy case concerning the debtor(s) listed below was filed under Chapter 11 of the United States Bankruptcy Code, entered on 05/14/2009 at 10:33 AM and filed on 05/14/2009.
Hidden Lake Academy, Inc.
830 Hidden Lake Road
Dahlonega, GA 30533
Tax ID / EIN: 58-2124642
The case was filed by the debtor's attorney:
Barbara Ellis-Monro
Ellenberg, Ogier, Rothschild & Rosenfeld
170 Mitchell Street, SW
Atlanta, GA 30303
(404) 525-4000
The case was assigned case number 09-22028-reb to Judge Robert Brizendine.
In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the debtor's property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penalized. Consult a lawyer to determine your rights in this case.
If you would like to view the bankruptcy petition and other documents filed by the debtor, they are available at our Internet home page http://ecf.ganb.uscourts.gov/index.html (http://ecf.ganb.uscourts.gov/index.html) or at the Clerk's Office, Room 120 Federal Building, 121 Spring Street, SE, Gainesville, GA 30501.
You may be a creditor of the debtor. If so, you will receive an additional notice from the court setting forth important deadlines.
W. Yvonne Evans
Clerk, U.S. Bankruptcy Court
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United States Bankruptcy Court
Northern District of Georgia
Notice of Bankruptcy Case Filing
A bankruptcy case concerning the debtor(s) listed below was filed under Chapter 11 of the United States Bankruptcy Code, entered on 05/14/2009 at 10:33 AM and filed on 05/14/2009.
Hidden Lake Academy, Inc.
830 Hidden Lake Road
Dahlonega, GA 30533
Tax ID / EIN: 58-2124642
The case was filed by the debtor's attorney:
Barbara Ellis-Monro
Ellenberg, Ogier, Rothschild & Rosenfeld
170 Mitchell Street, SW
Atlanta, GA 30303
(404) 525-4000
The case was assigned case number 09-22028-reb to Judge Robert Brizendine. In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the debtor's property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penalized. Consult a lawyer to determine your rights in this case.
If you would like to view the bankruptcy petition and other documents filed by the debtor, they are available at our Internet home page http://ecf.ganb.uscourts.gov/index.html (http://ecf.ganb.uscourts.gov/index.html) or at the Clerk's Office, Room 120 Federal Building, 121 Spring Street, SE, Gainesville, GA 30501.
You may be a creditor of the debtor. If so, you will receive an additional notice from the court setting forth important deadlines.
W. Yvonne Evans
Clerk, U.S. Bankruptcy Court
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CERTIFIED COPY OF RESOLUTIONS ADOPTED
BY THE BOARD OF DIRECTORS OF
HIDDEN LAKE ACADEMY, INC.
I, Leonard Buccellato, the duly elected and qualified President and Chairman of the
Board of Hidden Lake Academy, Inc.. (the “Company”), do hereby certify that the following
resolutions were adopted by the Board of Directors of the Company at a meeting duly called and
held on May 12, 2009, and that such resolutions have not been amended or rescinded and are
now in full force and effect:
RESOLVED, that the filing by the Company of a petition for relief under Chapter 11 of
the Bankruptcy Code in the United States Bankruptcy Court for the Northern District of Georgia
is hereby APPROVED;
FURTHER RESOLVED, that the officers of the Company are authorized and directed to
file on behalf of the Company a petition for relief under Chapter 11 of the Bankruptcy Code in the
United States Bankruptcy Court for the Northern District of Georgia;
FURTHER RESOLVED, that the officers of the Company be, and each of them hereby is
authorized to retain on behalf of the Company the law firm of Ellenberg, Ogier, Rothschild &
Rosenfeld, PC (“Firm”), and other counsel as they see fit, to render legal services to, and to
represent the Company in connection therewith, on such terms as such officer or officers shall
approve;
FURTHER RESOLVED, that the Firm is authorized to take direction and instruction from
Mike Smith the Company’s Director of Operations.
FURTHER RESOLVED, that the officers of the Company be, and each of them hereby is,
authorized and directed to take any and all such further action and to execute and deliver any
and all such further instruments and documents and to pay all such expenses, in the case as in
his, her, or their judgment shall be necessary or desirable to fully carry out the intent and
accomplish the purposes of the resolutions adopted hereby; and
FURTHER RESOLVED, that all acts lawfully done or actions lawfully taken by any
officer or officers of the Company in connection with the reorganization of the Company or any
matter related thereto or by virtue of these resolutions is hereby in all respects ratified, confirmed
and approved.
WITNESS my hand and the seal of the Company this 12th day of May, 2009.
/s/_Leonard Buccellato_
By: __Leonard Buccellato______________
Chief Executive Officer and Board Chairman
for Hidden Lake Academy, Inc.
[CORPORATE SEAL]
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IN THE UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF GEORGIA
GAINESVILLE DIVISION
IN RE: ) CHAPTER 11
)
HIDDEN LAKE ACADEMY, INC. ) CASE NO. 09-22028
)
) JUDGE BRIZENDINE
Debtor. )
NOTICE OF HEARING
PLEASE TAKE NOTICE that Hidden Lake Academy (the “Debtor”) filed a
Motion Requesting Entry Of Order Authorizing Payment of Prepetition Wages, Salaries,
and Taxes and Request for Expedited Hearing (the “Motion”) in which the Debtor seeks
entry of an Order from the Court allowing it to pay its regular payroll due on May 15,
2009 in the amount of $20,420.27. The payroll due May 15, 2009 is for wages accrued
from May 1, 2009 through May 15, 2009.
PLEASE TAKE FURTHER NOTICE that the Bankruptcy Code provides,
pursuant to §§507(a)(4) that employee’s claim for “wages, salaries, or commissions,
including vacation, severance and sick leave pay” earned within the 180 days before the
filing of a case are entitled to priority status to the extent of $10,000 per employee. The
Debtor states in the Motion that no one individual will receive an amount in excess of the
priority amount.
PLEASE TAKE FURTHER NOTICE that the Court will hold a hearing in
Atlanta to consider the Motion, on May 15, 2009 at 10:00 a.m. in Courtroom 1202,
United States Courthouse, 75 Spring Street, SW, Atlanta, Georgia 30303. It is further
ORDERED AND NOTICE IS GIVEN that your rights may be affected by the
Court’s ruling on this pleading. You should read these pleadings carefully and discuss
them with your attorney, if you have one in this bankruptcy case. (If you do not have any
attorney, you may wish to consult one). If you do not want the Court to grant the relief
sought in the Motion or if you want the Court to consider your views, then you and/or
your attorney must attend the hearing.
Dated this 14th day of May, 2009.
Respectfully submitted,
ELLENBERG, OGIER, ROTHSCHILD &
ROSENFELD, PC
/s/ Barbara Ellis-Monro
170 Mitchell St., SW Barbara Ellis-Monro
Atlanta, GA 30303 Georgia Bar No. 246117
404-525-4000 [email protected]
Proposed Attorneys
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IN THE UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF GEORGIA
GAINESVILLE DIVISION
IN RE: ) CHAPTER 11
)
HIDDEN LAKE ACADEMY, INC. ) CASE NO. 09-22028
)
)
Debtor. ) JUDGE BRIZENDINE
Certificate of Service
I, Barbara Ellis-Monro, hereby certify that I served a true and correct copy of the
Notice of Hearing and the Motion Requesting Entry of Order Authorizing Payment
of Prepetition Wages, Salaries, and Taxes and Request for Expedited Hearing in the
manner indicated upon the parties listed below:
Via email to Jim.H.Morawetz Via facsimile 706-864-0719
James Morawetz Doc Martin Construction
Office of the United States Trustee 14 Carriage Court
362 Richard B. Russell Federal Building Dahlonega, GA 30533
75 Spring Street
Atlanta, GA 30303
Via facsimile 404-239-1179 Via facsimile 706-864-9806
Jill & Ron Ryan Lumpkin Co. Tax Accessor
c/o Gorby, Peters & Assoc. Donald Head
2 Ravinia Dr, Ste 1500 99 Court House Hall, Ste E
Atlanta, GA 30308 Dahlonega, GA 30533
[email protected] (http://mailto:[email protected])
Proposed Counsel for the
Debtor and Debtor in Possession
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UNITED STATES BANKRUPTCY COURT
Northern District of Georgia
Gainesville Division
Room 120 Federal Building
121 Spring Street, SE
Gainesville, GA 30501
http://www.ganb.uscourts.gov (http://www.ganb.uscourts.gov)
In Re:
Hidden Lake Academy, Inc. Case No.: 09?22028?reb
Chapter: 11
Judge: Robert Brizendine
Notice of Deficient Filing
The document(s) identified below were not filed with the bankruptcy petition. You are hereby notified that the
documents must be filed with the Court within the time frame specified below. Failure to file may result in the
dismissal of your bankruptcy case.
To be filed Within Five (5) Days
From the Date of Filing of the Petition:
To be filed Within Thirty (30) days
From the Date of Filing of the Petition
N/A N/A
To be filed within Seven (7) Days
From the Date of Filing of the Petition
Chapter 11 Small Business Case ? Balance Sheet
Chapter 11 Small Business Case ? Statement of Operations
Chapter 11 Small Business Case ? Cash Flow Statement
Chapter 11 Small Business Case ? Most Recent Federal Income
Tax Return
To be Filed Within Fifteen (15) Days From the Date of Filing of the Petition
Statement of Financial Affairs (Form 7)
Schedule A
Schedule B
Schedule D
Schedule E
Schedule F
Schedule G
Schedule H
Summary of Schedules, Page 1 (Form 6?Summary)
Statistical Summary (Form 6?Summary)
Declaration Concerning Debtor's Schedules (Form 6)
Attorney Disclosure of Compensation Form 203
List of Equity Security Holders
Dated: 5/15/09 W. Yvonne Evans
Clerk of Court
U.S. Bankruptcy Court
Form 430
Case 09-22028-reb Doc 9 Filed 05/14/09 Entered 05/15/09 10:49:04 Desc Ntc.
Def. Filing Petition Page 1 of 1
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Case 09-22028-reb Doc 4 Filed 05/14/09 Entered 05/14/09 11:29:42 Desc Main
Document Page 1 of 6
IN THE UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF GEORGIA
GAINESVILLE DIVISION
IN RE: ) CHAPTER 11
)
HIDDEN LAKE ACADEMY, INC. ) CASE NO. 09-22028
)
)
Debtor. ) JUDGE BRIZENDINE
MOTION REQUESTING ENTRY OF ORDER
AUTHORIZING PAYMENT OF PREPETITION
WAGES, SALARIES, AND TAXES AND
REQUEST FOR EXPEDITED HEARING
COMES NOW HIDDEN LAKE ACADEMY, INC. (“Debtor”) and hereby files
this “Motion Requesting Entry of Order Authorizing Payment of Prepetition Wages,
Salaries, and Taxes and Request for Expedited Hearing” (the “Motion”). In support of
the Motion, Debtor shows the Court as follows:
Jurisdiction
1. This Court has jurisdiction over this Motion pursuant to 28 U.S.C. §§ 157
and 1334. Venue is proper pursuant to 28 U.S.C. §§ 1408 and 1409. This Motion is a
core proceeding pursuant to 28 U.S.C. § 157(b)(2). The statutory predicate for the relief
requested herein is 11 U.S.C. §§ 105(a).
Background
2. On May 14, 2009 (the “Petition Date”), Debtor filed a voluntary petition
for relief under Chapter 11 of Title 11 of the United States Code (as amended, modified,
or supplemented the “Bankruptcy Code”).
3. Debtor is a Georgia non-profit corporation and its primary place of
business is located at 830 Hidden Lake Road, Dahlonega, Georgia
IN THE UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF GEORGIA
GAINESVILLE DIVISION
IN RE: ) CHAPTER 11
)
HIDDEN LAKE ACADEMY, INC. ) CASE NO. 09-22028
)
)
Debtor. ) JUDGE BRIZENDINE
MOTION REQUESTING ENTRY OF ORDER
AUTHORIZING PAYMENT OF PREPETITION
WAGES, SALARIES, AND TAXES AND
REQUEST FOR EXPEDITED HEARING
COMES NOW HIDDEN LAKE ACADEMY, INC. (“Debtor”) and hereby files
this “Motion Requesting Entry of Order Authorizing Payment of Prepetition Wages,
Salaries, and Taxes and Request for Expedited Hearing” (the “Motion”). In support of
the Motion, Debtor shows the Court as follows:
Jurisdiction
1. This Court has jurisdiction over this Motion pursuant to 28 U.S.C. §§ 157
and 1334. Venue is proper pursuant to 28 U.S.C. §§ 1408 and 1409. This Motion is a
core proceeding pursuant to 28 U.S.C. § 157(b)(2). The statutory predicate for the relief
requested herein is 11 U.S.C. §§ 105(a).
Background
2. On May 14, 2009 (the “Petition Date”), Debtor filed a voluntary petition
for relief under Chapter 11 of Title 11 of the United States Code (as amended, modified,
or supplemented the “Bankruptcy Code”).
3. Debtor is a Georgia non-profit corporation and its primary place of
business is located at 830 Hidden Lake Road, Dahlonega, Georgia
9. Net payroll for the period ending May 15, 2009 is approximately
$15,465.43 exclusive of applicable taxes. The federal and state payroll taxes due for the
pay period ending May 15, 2009, total approximately $3,860.00. The Debtor seeks
authority to pay any such estimated payroll tax obligations and unemployment taxes plus,
any additional amounts which Debtor may not be aware of.
10. The Debtor also deducts certain amounts from its employees wages to pay
for optional items such as insurance premiums, flex spending accounts, supplemental
insurance (Aflac/MoO), garnishments, and child support. The Debtor seeks authority to
deduct these amounts and pay them to the appropriate administrator. The total
approximate of other deductions for the period ending May 15, 2009, is $1,095.71.
Applicable Authority
11. Pursuant to sections 507(a)(4) and 507(a)(5) of the Bankruptcy Code, a
debtor’s employee’s claim for “wages, salaries, or commissions, including vacation,
severance and sick leave pay” earned within 180 days before the Petition Date, and
claims against the Debtor for contributions to employee benefit plans arising from
services rendered within 180 days before the Petition Date, are afforded unsecured
priority status to the extent of $10,000.00 per employee. 11 U.S.C. § 507(a)(3), (a)(4).
Furthermore, section 363(b) of the Bankruptcy Code provides that the debtor in
possession, “after notice and hearing, may use, sell, or lease, other than in the ordinary
course of business, property of the estate.” 11 U.S.C. § 363(b)(1). Section 105(a) of the
Bankruptcy Code further provides that “the court may issue any order, process, or
judgment that is necessary or appropriate to carry out the provisions of [the Bankruptcy
Code].” 11 U.S.C. § 105(a).
12. The Debtor believes that the unpaid salaries and wages constitute priority
claims under sections 507(a)(4) and (a)(5) of the Bankruptcy Code because the highest
paid employee will be paid $2,812.50. The Debtor submits, however, that to the extent
any employee is owed in excess of $10,000.00 on account of Prepetition Employee
Obligations, payment of such amount is necessary and appropriate and is authorized
under section 105(a) pursuant to the “necessity of payment” doctrine, which “recognizes
the existence of the judicial power to authorize a debtor in a reorganization case to pay
prepetition claims where such payment is essential to the continued operation of the
debtor.” Duparquet, Inc. v. Local Union No. 3, Int’l Bd. Of Elec. Workers, 386 F.2d 649
(2d Cir. 1967) (separation pay obligations arising in connection with a post-petition
employee lay-off are administrative claims).
13. Here, the post-petition stability of the Debtor’s workforce is integrally tied
to the Debtors’ ability to continue its business operations and to reorganize its business
and financial affairs. Any delay in payments to employees will impact the Debtor’s
relationship with essential workers and may irreparably harm employee morale,
dedication, confidence, and cooperation and cause irreparable harm to the Debtor’s
operations. The support and efforts of the Debtor’s workforce during the pendency of the
case is critical to the Debtor’s ability to maximize the value of its estate. At this early
stage, the Debtor cannot risk losing the critical mass of its personnel or suffering the
substantial damage to the business that would inevitably result from any decline in
employee morale.
14. In addition, for many of the employees, the wages received from the
Debtor is needed to enable the employees to meet their own financial obligations. As a
result, absent an order granting the relief requested in this Motion, the employees and
their families are likely to suffer personal hardship and, in many instances, serious
financial difficulties.
15. Similar relief to the relief requested herein has been granted in this and
other courts. See, e.g., In re Tower Automotive, Inc., Case No. 05-10578 (Bankr.
S.D.N.Y. Feb. 3, 2005); In re Interstate Bakeries Corp., Case No. 04-45814 (Bankr. W.D.
Mo. Sept. 24, 2004); In re Git-N-Go, Inc., Case No. 04-10509 (Bankr. N.D. Okla. Feb.
13, 2004); In re Westpoint Stevens, Inc., Case No. 03-13532 (Bankr. S.D.N.Y. June 3,
2003); In re The Penn Traffic Company, Case No. 03-22945 (Bankr. S.D.N.Y. May 30,
2003). The Debtor submits that the circumstances of this case warrant similar relief.
Notice
16. Notice of this Motion will be given to: (i) the Office of the United States
Trustee, (iii) BB&T, and (iii) the parties listed on each of the Debtors’ twenty (20) largest
unsecured creditors list. The Debtor submits that, under the circumstances, no other or
further notice is required.
Request for Expedited Hearing
17. Debtor requests that this Court shorten any applicable notice period and
schedule a hearing on this Motion on the earliest available calendar on or before May 15,
2009, at the latest. Maintaining a stable work force is essential to Debtor’s
reorganizational effort. Failure to pay employees will result in hardship for the
employees and their families and seriously jeopardize the Debtor’s ability to reorganize..
WHEREFORE, Debtor respectfully requests that this Court enter an order,
substantially in the form annexed hereto, granting the Motion and such other relief as
Case 09-22028-reb Doc 4 Filed 05/14/09 Entered 05/14/09 11:29:42 Desc Main
Document Page 6 of 6
may be just and proper.
Respectfully submitted this 14th day of May, 2009.
ELLENBERG, OGIER, ROTHSCHILD &
ROSENFELD, PC
/s/ Barbara Ellis-Monro
Barbara Ellis-Monro
Georgia Bar No. 246117
170 Mitchell St., SW
Atlanta, Georgia 30303
(404) 525-4000 Telephone
(404) 526-8855 Facsimile
[email protected]
Proposed Counsel for the
Debtor and Debtor in Possession
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Notice of Deficient Filing
The document(s) identified below were not filed with the bankruptcy petition. You are hereby notified that the documents must be filed with the Court within the time frame specified below. Failure to file may result in the dismissal of your bankruptcy case.
Is it usual to file for bankruptcy sans all these documents? Seems almost as though he filed in great haste for a reason. His attorney would know what accompanying docs would be required. Why file such an incomplete case, unless you're attempting to stave off creditors who are closing in, with a deadline...
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17. Debtor requests that this Court shorten any applicable notice period and schedule a hearing on this Motion on the earliest available calendar on or before May 15, 2009, at the latest. Maintaining a stable work force is essential to Debtor's reorganizational effort. Failure to pay employees will result in hardship for the employees and their families and seriously jeopardize the Debtor's ability to reorganize..
Can he even get an expedited hearing if his accompanying docs haven't been submitted?
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I wouldn't get TOO excited about this. Chapter 11 will allow HLA to continue to operate as it restructures. Basically, chapter 11 gets rid of all of HLA's unsecured debt, but doesn't shutter the facility...
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I had that thought last night, but with the facility going on the auction block, where would he operate?
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I had that thought last night, but with the facility going on the auction block, where would he operate?
Right... I think. The 190 acres secured the debt BB&T is foreclosing on. Once that's gone, on June 2 hopefully, the moving vans show up.
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Case 09-22028-reb Doc 5 Filed 05/14/09 Entered 05/14/09 11:33:51 Desc Main
Document Page 1 of 11
IN THE UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF GEORGIA
GAINESVILLE DIVISION
IN RE: ) CHAPTER 11
)
HIDDEN LAKE ACADEMY, INC., ) CASE NO. 09-22028
)
)
Debtor. ) JUDGE BRIZENDINE
APPLICATION FOR APPROVAL OF EMPLOYMENT OF
ELLENBERG, OGIER, ROTHSCHILD & ROSENFELD, PC, AS ATTORNEYS
FOR THE DEBTOR NUNC PRO TUNC TO THE FILING DATE
COMES NOW Hidden Lake Academy, Inc., debtor and debtor in possession herein (the
“Debtor” or “Applicant”) and hereby files this Application for Approval of Employment of
Ellenberg, Ogier, Rothschild & Rosenfeld, P.C., (“EORR”), as Attorneys for the Debtor (the
“Application”), pursuant to 11 U.S.C. § 327 and Fed. R. Bankr P. 2014 and 5002 and
respectfully shows the Court as follows:
1. On May 14, 2009, (the “Petition Date”), the Debtor filed its voluntary petition for
relief under Chapter 11 of Title 11, United States Code (the “Bankruptcy Code”).
2. This Court has jurisdiction over this matter pursuant to 28 U.S.C. §§157 and 1334.
This is a core proceeding pursuant to 28 U.S.C. §157(b). Venue of the Debtor’s Chapter 11 case
in this district is proper pursuant to 28 U.S.C. §§ 1408 and 1409.
3. This Motion is supported by the Verified Statement of Barbara Ellis-Monro for
EORR as Proposed Counsel for the Debtor and Debtor In Possession Nunc Pro Tunc to the
Petition Date Pursuant to Section 327(a) of the Bankruptcy Code.
4. Debtor is a non profit Georgia corporation and its primary place of business is located
at 830 Hidden Lake Road, Dahlonega, Georgia. Debtor owns approximately 196 acres of land in
Case 09-22028-reb Doc 5 Filed 05/14/09 Entered 05/14/09 11:33:51 Desc Main
Document Page 2 of 11
Lumpkin County, Georgia. There are 23 buildings on the property and a therapeutic school
operated by an affiliate of the Debtor, HLA, Inc., as well as programs for the Georgia court
system run by another, non debtor, affiliate.
5. Dr. Leonard Buccellato is the Debtor’s CEO and sole shareholder.
RELIEF REQUESTED
6. By this application, the Debtor requests that this Court enter an Order authorizing the
Debtor to employ and retain the law firm of Ellenberg, Ogier, Rothschild & Rosenfeld, PC
(:EORR”) as its counsel under a general retainer, pursuant to section 327(a) of the Code,
Fed.R.Bankr.P. 2014.
7. The Debtor desires to employ EORR in particular as its counsel with regard to the
filing and prosecution of its Chapter 11 case, because:
a. EORR has become familiar with the Debtor’s businesses, properties and
affairs, and, for those other reasons which are set forth herein, the Debtor
believes that EORR has the specialized and unique expertise essential to
represent the Debtor in its case;
b. EORR is well qualified to represent the Debtor as debtor in possession in
its case in that EORR is comprised of attorneys who have practiced
exclusively in the field of insolvency, reorganization and bankruptcy law
and who have participated in numerous Chapter 11 cases; and
c. the firm is composed of and employs attorneys duly admitted to practice in
the United States Bankruptcy Court for the Northern District of Georgia.
8. It has been and will be necessary for the Debtor to retain counsel to render various
professional services in connection with its case, including, but not limited to, the following:
a. to advise the Debtor generally regarding matters of bankruptcy law,
Case 09-22028-reb Doc 5 Filed 05/14/09 Entered 05/14/09 11:33:51 Desc Main
Document Page 3 of 11
including, but not limited to, the rights, duties, obligations and remedies of
the Debtor as debtor in possession, both with regard to its assets and with
respect to the claims of its creditors;
b. to conduct examinations of witnesses, claimants or adverse parties, and to
prepare and assist in the preparation of pleadings, exhibits, applications,
reports, accountings, schedules and other documents necessary to the
administration of these proceedings as required by the Code, the Federal
Rules of Bankruptcy Procedure, the local rules of this Court and the
requirements of the United States Trustee;
c. to perform those legal services necessary to the Debtor’s bankruptcy case,
including, but not limited to, institution and prosecution of legal
proceedings, advice regarding debt restructuring and general legal advice
and assistance related to this Chapter 11 case, all of which are necessary to
the proper administration of the Debtor’s Chapter 11 estate;
d. to advise the Debtor concerning a Chapter 11 plan; and
e. to take any and all other actions necessary for the proper preservation and
administration of the Debtor’s Chapter 11 estate, including, but not limited
to, general advice and counsel in connection with its ongoing business
operations.
9. If the Debtor is unable to retain EORR the Debtor and its creditors will be prejudiced
because (a) the Debtor will be unable to avail itself of the services of the experienced and
knowledgeable professionals it deem best suited to serve its needs in this capacity, and (b) the
a. time burden to the Debtor which will result from a change of the Debtor’s counsel will be
Case 09-22028-reb Doc 5 Filed 05/14/09 Entered 05/14/09 11:33:51 Desc Main
Document Page 4 of 11
onerous and will occur at a time when the Debtor can least afford to sustain an unnecessary
disruption.
10. The Debtor wishes to employ EORR on a general retainer at its customary hourly
rates in effect on the date the services are rendered on behalf of the Debtor and to be liable for all
fees and expenses incurred by the Debtor to EORR.
11. To the best of the Debtor’s knowledge, all of EORRs connections with the Debtor, its
creditors, any other party in interest, its attorneys and accountants, the United States Trustee, or
any person employed in the office of the United States Trustee have been disclosed in the
Affidavit annexed hereto. To the best of the Debtor’s knowledge, information and belief, EORR
does not represent any interest adverse to the Debtor or its estate in connection with the matters
upon which SGR is to be engaged and is, therefore, “disinterested” within the meaning of
sections 101(14), 327(a) and 1107(b) of the Code.
12. The employment of EORR as the Debtor’s bankruptcy counsel is in the best interest
of the Debtor, its estate and creditors.
13. EORR agrees to accept compensation for its services and reimbursement of expenses
as may be awarded by this Court upon proper application, after notice and hearing or pursuant to
such other interim procedure as may be approved and authorized by this Court.
NOTICE
13. Notice of this pleading will be served on the United States Trustee. The Debtor
submits that such notice is sufficient and proper, and that no other notice need be given.
14. No previous application for the relief requested herein has been made to this
Court or any other Court.
a. WHEREFORE, Applicant prays that it be authorized to employ EORR as counsel for the
b. Case 09-22028-reb Doc 5 Filed 05/14/09 Entered 05/14/09 11:33:51 Desc Main
c. Document Page 5 of 11
Debtor.
This 14th day of May, 2009.
HIDDEN LAKE ACADEMY, INC.
By:___/s/ Leonard Buccellato_____
Leonard Buccellato, CEO
Case 09-22028-reb Doc 5 Filed 05/14/09 Entered 05/14/09 11:33:51 Desc Main
Document Page 6 of 11
EXHIBIT “A”
IN THE UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF GEORGIA
GAINESVILLE DIVISION
IN RE: ) CHAPTER 11
)
HIDDEN LADE ACADEMY, INC . ) CASE NO. 09-22028
)
)
Debtor. ) JUDGE BRIZENDINE
VERIFIED STATEMENT OF BARBARA ELLIS-MONRO FOR EORR
AS PROPOSED COUNSEL FOR THE DEBTOR NUNC PRO TUNC
TO THE PETITION DATE
FULTON COUNTY, GEORGIA
Barbara Ellis-Monro pursuant to Fed.R.Bankr. 2014(a) makes this Verified Statement in
Support of the Application to Employ Ellenberg, Ogier, Rothschild & Rosenfeld, PC as Counsel
to Debtor and Debtor In Possession Nunc Pro Tunc to the Petition Date and shows the Court as
follows:
1. I am a partner in the firm of Ellenberg, Ogier, Rothschild and Rosenfeld, PC
(“EORR”). Our offices are located at 170 Mitchell Street, SW, Atlanta, Georgia
30303.
2. I am a member in good standing in this Court and each of my partners is a
member in good standing in this Court.
3. Hidden Lake Academy, Inc., the Debtor and Debtor In Possession in this case,
seeks to employ EORR for the purposes set forth in the application to which this
statement is attached.
4. Neither I, my firm, nor any lawyer in my firm, has, to the best of my knowledge,
Case 09-22028-reb Doc 5 Filed 05/14/09 Entered 05/14/09 11:33:51 Desc Main
Document Page 7 of 11
any current connection with the debtor, any of its creditors, or any other party in
this case.
5. Neither my firm nor I have received any payments or promises of payment for
services to be rendered in this case for work to be performed and expenses which
maybe incurred, except as follows:
a. My firm received a wire transfer on May 12, 2006 of $15,000 and a second
wire transfer in the amount of $1039.00 on the same date.
b. My firm was paid $1,880.00 for time spent preparing the case for filing and
for the filing fee of $1,039.00 which was necessarily charged to an attorney
credit card.
6. Neither my firm nor I have either shared or agreed to share with any other person
compensation that we are to receive in this case.
7. Neither I, nor anyone in my firm, insofar as I have been able to ascertain
represents any interest adverse to the debtor or the estate, except as set forth in
paragraph 5 hereof.
8. The currently hourly rates for the attorneys of EORR are:
Barbara Ellis-Monro $300.00
Bill Rothschild $400.00
Tamara Ogier $300.00
Allen Rosenfeld $280.00
Paralegal $100.00
9. To the best of my knowledge each of the employees of EORR are and EORR is a
“disinterested person” as defined in Bankruptcy Code §101(14).
10. The foregoing statements are true and based upon my personal knowledge, and
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Document Page 8 of 11
11. are made under penalty of perjury under the laws of the United States
This 14th day of May, 2009.
ELLENBERG, OGIER, ROTHSCHILD
& ROSENFELD, PC
/s/ Barbara Ellis-Monro
Barbara Ellis-Monro
Georgia Bar No. 246117
170 Mitchell St., SW
Atlanta, Georgia 30303
404-525-4000 Telephone
404-526-8855 Facsimile
[email protected] (http://mailto:[email protected])
Case 09-22028-reb Doc 5 Filed 05/14/09 Entered 05/14/09 11:33:51 Desc Main
Document Page 11 of 11
CERTIFICATE OF SERVICE
This is to certify that I have this day served a copy of the within and foregoing
APPLICATION FOR APPROVAL OF EMPLOYMENT OF ELLENBERG, OGIER,
ROTHSCHILD & ROSENFELD, P.C, AS ATTORNEYS FOR THE DEBTOR, NUNC
PRO TUNC TO THE PETITION DATE AND THE PROPOSED ORDER THEREON
by depositing same in the United States Mail in an envelope with adequate postage
affixed thereto to assure delivery addressed as follows:
Office of the United States Trustee
362 Richard Russell Building
75 Spring Street, S.W.
Atlanta, Georgia 30303
This 14th day of May, 2009.
//s// Barbara Ellis-Monro______
Barbara Ellis-Monro
Georgia Bar No. 246117
Proposed counsel for the debtor
Ellenberg, Ogier, Rothschild & Rosenfeld, PC
170 Mitchell St., SW
Atlanta, Georgia 30303
404-525-4000 Telephone
404-526-8855 Facsimile
[email protected]
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I had that thought last night, but with the facility going on the auction block, where would he operate?
Right... I think. The 190 acres secured the debt BB&T is foreclosing on. Once that's gone, on June 2 hopefully, the moving vans show up.
Can Hidden Lake Academy, Inc.'s declaration of bankruptcy stay the BB&T foreclosure and sale of the property?
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No idea on this one whether the foreclosure or lawsuit settlement would preclude what he is trying to accomplish by filing bankruptcy. Buccellato may face a problem created by not filing personal bankruptcy. Didn't Buccellato sign an affidavit, personally guaranteeing the 400,000.
dollar settlement ? That would seem to take it out of the HLA, Inc. bankruptcy filing .
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No idea on this one whether the foreclosure or lawsuit settlement would preclude what he is trying to accomplish by filing bankruptcy. Buccellato may face a problem created by not filing personal bankruptcy. Didn't Buccellato sign an affidavit, personally guaranteeing the 400,000.
dollar settlement ? That would seem to take it out of the HLA, Inc. bankruptcy filing .
Perhaps the source for that needed $400,000 was already taken care of prior to this latest development (filing of bankruptcy). Someone mentioned that there has been a lot of property ownership maneuvering going on. Maybe Buccellato shifted funds, property out of Hidden Lake Academy, Inc. prior to having it file for bankruptcy.
Then... the deadline comes up for the foreclosure and property auction, and he (personally) "miraculously" comes up with the requisite $400,000 just in the nick of time. Or... he has a straw man buy the property for him on the block - "a philanthropic donor who wishes to remain anonymous" - with God only knows what kind of back door deal going on behind the scene.
In the above scenario, Buccellato or the anonymous straw man end up owning the property; Hidden Lake Academy, Inc. goes on with business as usual, being somewhat untouchable as a result of having filed for bankruptcy; and... all parents and creditors with lawsuits are... fucked.
Disclaimer: I am a bear, not a lawyer, and have no idea of what I am talking about.
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Buccellato did not pay the 400,000.
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It would have been nice if the SOB asked the court to pay the families...I didn't find that... And is he still lying to the Ed. Cons? Has he told the parents?
Who was the responsible party for the child they reportedly accepted last week. If I were the parents I would sue the Hell out of the Ed. Consultant and Buccellato. Again, what account did the in-take money go into? Personal or HLA, Inc.
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Since this has been a continuing saga, let's not start dancing in the streets quite yet. This has been carefully thought out, planned and executed. It would be a
shock if this man does not have an ace in the whole. His MO, as a narcissist, would indicate that he would not do this, unless there was something beneficial for himself. He gave very little notice to his staff and probably none to the families. He just might try to pull off being the newest version of "The Comeback Kid".
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I think everyone is aware of that possibility. He's slipperier that owl shit on a door knob.
This, at the least, is confirmation that he's lied to ECs and parents for some time regarding HLAs solvency.
Every small gain is one more indictment against him, and another legal fire to put out.
Maybe he gave all the funds to someone who will stand on the steps of the courthouse and purchase HLA for pennies on the dollar to set up their own program while paying Buchi off on the side. Many possible scenarios.
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Buccellato did indeed sign an affidavit with a personal guarantee to the court for the 400,000. dollar settlement. It would seem that would open the door
for Berger and Montague to argue for attachment to Buccellato's personal assets, if not already out of the country.
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Eventually, the parents are going to find out. Either from the few respondsible ed cons, or from their own homework. Buchi already signed the affidavit saying he's going to pay the 400k. Declaring bankruptcy won't get him out of it, because he knows even if he does come up with some back handed deal to turn the school over to Spoonie or someone else close to him, the court will just take the money from him personally. Further Buchi has proven time and time again, he will not allow anyone else to control or influence his domain. Having a straw man to buy the school off the auction block means someone else would own it, something he's probably loathe to allow. So unless someone is about to make a very cheritable gift to him, my guess is he's working another angle. Maybe he's trying to move everything into Moutain Brook and claim it as a seperate entity?
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But then he still has the problem of foreclosure. Mountain Brook sits on the 190 acres BB&T is foreclosing on, as do all his other "schools", so all he's gonna have is the name and nothing else. I'm sure he's working on something, though. The little bastard has slithered out of so much shit in the last several years he must be morphing into a pudgy worm. Or snake.
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"Eventually, the parents are going to find out. Either from the few respondsible ed cons, or from their own homework." Robert Bruce.
The parents most likely already know and have known since that email went out on May 3 from Bucchi telling staff to look for another job, because their kids told them. The kids always seem to get wind of things before most of the staff. This email was the hot topic at HLA, as you might imagine. The assistant counselors and other lower level staff interact with the kids constantly, and tell them what's going on administratively. Most all of the kids knew this two weeks ago, and have told their parents. Now, it's just a case of how well Hollowhead, Kathleen, Joe The Sap, and others can lie to parents, and they are pretty damn good at it. They get lots of practice.
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HLA Bankruptcy Lawyer asked for an expedited hearing, yet the filing was deficient with regard to the financials. Now HLA is required to do what they are asking of Nancy Pelosi. This may be good for Berger and Montague as they cannot seem to acquire financial documents, post discovery from Buccellato. Although even though the documents are being submitted to court, I wouldn't place much weight on them. Afterall, a sworn affidavit to the Federal court by Buccellato meant nothing.
To be Filed Within Fifteen (15) Days From the Date of Filing of the Petition
Statement of Financial Affairs (Form 7)
Schedule A
Schedule B
Schedule D
Schedule E
Schedule G
Schedule H
Summary of Schedules, Page 1 (Form 6?Summary)
Statistical Summary (Form 6?Summary)
Declaration Concerning Debtor's Schedules (Form 6)
Attorney Disclosure of Compensation Form 203
Dated:
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I just still dont ever see Buch turning over control to anyone else. He's far too egotistical, and believes himself to above the rule of law. I'm sure he's still refusing to acknowledge there's a problem.
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I am a current parent and I know. It doesn't take much to figure out what is happening when you get a letter that asks you to pay the last month's tuition far in advance of when your child is to complete the program.
Bucca has to be a narcisisst to send out the letters he does and expects everyone to beieve him? HLA claims they have another location to continue operations and they have laid off staff and continue to take in new students. They have taken advantage of parents desperate to get help for their child and are charging an incredible amount of money to do so.
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HLA Bankruptcy Lawyer asked for an expedited hearing, yet the filing was deficient with regard to the financials. Now HLA is required to do what they are asking of Nancy Pelosi. This may be good for Berger and Montague as they cannot seem to acquire financial documents, post discovery from Buccellato. Although even though the documents are being submitted to court, I wouldn't place much weight on them. Afterall, a sworn affidavit to the Federal court by Buccellato meant nothing.
To be Filed Within Fifteen (15) Days From the Date of Filing of the Petition
Statement of Financial Affairs (Form 7)
Schedule A
Schedule B
Schedule D
Schedule E
Schedule G
Schedule H
Summary of Schedules, Page 1 (Form 6?Summary)
Statistical Summary (Form 6?Summary)
Declaration Concerning Debtor's Schedules (Form 6)
Attorney Disclosure of Compensation Form 203
Dated:
This is boilerplate stuff to show the court that HLA cannot continue to stay afloat with its existing debt. Does anyone know what they are filing for?
Chapter 11 is just a formality of reorganization and will relieve HLA of their debt and allow them to continue even stronger. (Like what GM is trying to do). This would allow them to expand and increase their profits almost immediately.
Chapter 7 would force them to liquidate or sell their assets to satisfy what they owe and essentially close the place down.
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To the above poster, go back to the first page of this topic. It is all there.
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Will the Chapter 11 bankruptcy protect HLA from foreclosure and the settlement( although he signed an affidavit of personal guaranteet to the court), which pre-dated the bankruptcy filing? If his attorneys think it will, I gather that is why they all wanted the Chapter 11 hearing expedited before the sale. One would think if the morons were in that much of a hurry, they would have attached the financials..
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Management fees taken out of just HLA for the last three yearsappears to be over 3,000,000. Where do you think that went? I think Buccellato should have enough in his personal kitty to flip the settlement bill. Perhaps B&M through subpoena, should check 'all' the traffic through 'all' the Merrill Lynch accounts, even if they are no longer active... I don't think Blackmon wants any more trouble coming his way after all the press he got. Maybe he is gone with the BofA
change over, but records stick around unless one shreds them or has a bonfire. Wasn't there a movie "Bonfire of the Vanities"...
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Chapter 7 would have been far better than 11, but so would be a Federal Pen.
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Chapter 7 would have been far better than 11, but so would be a Federal Pen.
Yes. And when the Tax Man Cometh, that's where Bucchi shall goeth. Bye Bye Bucchi.
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If the "Tax Man" won't cometh, then goeth to the "IRS oversight board" and "IRS oversight committee". Either way, one should seriously think of going abroad.
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No idea on this one whether the foreclosure or lawsuit settlement would preclude what he is trying to accomplish by filing bankruptcy. Buccellato may face a problem created by not filing personal bankruptcy. Didn't Buccellato sign an affidavit, personally guaranteeing the 400,000.
dollar settlement ? That would seem to take it out of the HLA, Inc. bankruptcy filing .
Called this one...Court papers filed by Berger and Montague today 05-20-09 to paraphrase, stated basically the same thing, that since Buccellato did not file personal bankruptcy, and he personally guarantted the loan, he is personally responsible to pay it. Also, he has not turned over an financials to either court.
Will post when converted.
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I am a current parent and I know. It doesn't take much to figure out what is happening when you get a letter that asks you to pay the last month's tuition far in advance of when your child is to complete the program.
Bucca has to be a narcisisst to send out the letters he does and expects everyone to beieve him? HLA claims they have another location to continue operations and they have laid off staff and continue to take in new students. They have taken advantage of parents desperate to get help for their child and are charging an incredible amount of money to do so.
He would have to have the new facilities reviewed and licensed by the ORS. Mad Mom, you need to contact as many families as you possibly can regarding the tuition. The new families must be told what he has done, if the families pre-paid all tuition monies up front, 5 families, go figure, then he files Chapter 11. Buccellato authorized 5 children to move into HLA this month, knowing good and well what he was doing. Contact the ORS State of Georgia and Federal Attorney for the Northern District of Georgia in Gainesville, just google them. I was told HLA has less than 20 students and 5 of them according to court papers are new , the crook enrolled. This simply has to stop. If any of you have contacted attorneys, it would be worth your while to find me. Buccellato has set this up for a long time and with the expedited hearing tomorrow and what they filed today, he is trying to get out of the BB&T foreclosure, the settlement and tuition. He did not ask for the tuition to return.
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Wasn't there a seperate property that he owned where he tried to get a tax abatement from the county on? It wasnt approved but I assume he still owns the property. Maybe he's simply going to allow the property to be foreclosed on, and move everything over to the other property where no buildings exist. He can just call it a wilderness program where kids sleep outside for a year and a half and are charged 80,000 dollars. On a side note does the current foreclosure include he and Spoonies house? Oh well, theyve still got the penthouse in Atlanta.
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No it does not include the house - Georgia homestead.
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Wasn't there a seperate property that he owned where he tried to get a tax abatement from the county on? It wasnt approved but I assume he still owns the property. Maybe he's simply going to allow the property to be foreclosed on, and move everything over to the other property where no buildings exist. He can just call it a wilderness program where kids sleep outside for a year and a half and are charged 80,000 dollars. On a side note does the current foreclosure include he and Spoonies house? Oh well, theyve still got the penthouse in Atlanta.
Are you thinking of the property where Mountain Brook? Not sure what happened to that. Anyone else?
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He sold one property to the Nature Conservancy for 500,000. It may have been that property.
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Thank you to MADMOM.
May 15, 2009
Dear Parents and Consultants:
As you know, Hidden Lake Academy (“HLA”) began operating in 1994. HLA provides a unique approach to working with adolescents experiencing serious struggles with emotional and behavioral issues. HLA continually strives to provide its students with a superior academic, counseling, and therapeutic environment. During the last three years, HLA faced a severe legal attack on its ability to continue its mission. The litigation alleged various contractual related claims. As a result of this litigation, HLA incurred substantial legal fees that were not covered by insurance. During the litigation, student enrollment declined because HLA’s referral base was faced with voluminous discovery requests. This caused the referral base to incur legal fees and reduced their willingness to refer students to HLA. During this difficult time, HLA always maintained its unique educational, counseling, and therapeutic services. The good news is the parties reached an agreement resolving the litigation. Additionally, HLA has reestablished itself with its referral base, which is once again, solidly supportive of HLA and its educational mission. HLA continues to work through challenging financial situations caused by both the financial burden of litigation, and the overall downturn in the economy. At this time, HLA has worked diligently to resolve many of the financial burdens that resulted from the litigation. However, HLA has been unable to resolve issues with one of its lenders. HLA elected to take a proactive approach to resolve its issues by filing for Chapter 11 bankruptcy protection to reorganize its affairs. Chapter 11 is a business reorganization process. HLA will continue to operate both during and after the reorganization process. HLA will continue to provide the highest quality educational, clinical, and therapeutic services on an uninterrupted basis to its students. HLA is engaging in ongoing negations with potential lenders and is confident in its ability to address its financial issue. I know that each of you remains concerned about your child’s education and well-being. Let me take this opportunity to reassure each and every parent that everyone at HLA remains fully committed to continuing to provide the same superior academic, counseling and therapeutic services to its students it has since 1994. Our commitment is and will remain steadfast. I would like to personally thank each of you for your continued support during this challenging time. I am sure that this process will go smoothly and that your child will continue to thrive and excel at HLA. Sincerely, Len Buccellato, Ph.D.
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Stay on his ass, MadMom. Don't let the little bastard off the hook. Talk to the other moms whose kids are still at HLA. Get them to stand with you. It's amazing the change one angry person can bring about. Look at the example of another mad mom who is a prolific poster on this site. If it hadn't been for her, the rest of us would still be pissing and moaning about how bad we got screwed, and Bucchi would still be raking in the dough and ruining lives. He is as weak as he will ever be, but if enough of us don't keep working to slay him, metaphorically speaking of course, he will rear his ugly head again and the nightmare will continue. Don't let him get away with anymore human damage.
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As a true narcissist, Buccellato cannot concede to himself or anyone else. He has exhibited no integrity and the mistake he made was underestimating the capabilities of a 'mother'.
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From his letter, he neglected to tell the remaining families, 17, from what I am told, maybe less after Spring break...Buccellato timed everything right. Kind of like politicians coming clean on Fridays, so the press is on a down turn for the weekend. What he failed to mention to the families, is no different than his non-existent fire drill plan, what the Hell are they to do if the place is sold? Contingency plan? There is the rumor of another facility getting prepped by a current parent.
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From his letter, he neglected to tell the remaining families, 17, from what I am told, maybe less after Spring break...Buccellato timed everything right. Kind of like politicians coming clean on Fridays, so the press is on a down turn for the weekend. What he failed to mention to the families, is no different than his non-existent fire drill plan, what the Hell are they to do if the place is sold? Contingency plan? There is the rumor of another facility getting prepped by a current parent.
Current parent? Or former parent? Perhaps there's more than one parent involved...
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No mention of the imminent foreclosure in his letter. Madmom by all means get in touch with the other parents, let them know they may want to have plane tickets ready for their children June 2nd, because the moving trucks wont be giving the kids rides home.
Maybe we should consider an inside perspective. How about it Hollowhead? Feel like putting one of your many, many user names and spinning your owners latest propoganda?
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"Spongecake" on trial...hypothetical of-course
Federal prosecutor:
Did you ever send minor children to do work on your various properties, including family property to save contractor money? Are you aware this is illegal? OSHA violations
Defendant Answer: The children volunteered to clear land at Mount St. Helens, carry boulders to landscape the drive at HELL, paint various houses, etc
Federal prosecutor:
Are you aware of the Interstate Compacton the Placement of Children? Has ever accepted out of state children without notifing proper agancies? like DFC'S? ICPC violations
Defendant Answer: Never heard of it. It wouldn't pertain to HELL as we were lucky to operate under the radar of DHR/ORS until 2006.
Federal prosecutor: Sir, it is 2009.
Defendant Answer: I will look into it.
Federal prosecutor: Are you aware that it is mail fraud to withhold and open mail, that is addressed to another person, whether it be a child or adult? mail fraud
Defendant Answer: I do as I wish. It was to protect the children from their parents.
Federal porsecutor: Sir, are you aware of MAIL FRAUD - 18 U.S.C. 1341, makes it a Federal crime or offense for anyone to use the United States mails in carrying out a scheme to defraud.
A person can be found guilty of that offense only if all of the following facts are proved: First: That the person knowingly and willfully devised a scheme to defraud, or for obtaining money or property by means of false pretenses, representations or promises; and Second: That the person used the United States Postal Service by mailing, or by causing to be mailed, some matter or thing for the purpose of executing the scheme to defraud.
Defendent Answer: I obviously know very little.
Federal prosecutor: With regard to THE CHURCH FUND, did you not willfully send out letters either personally or through your staff, to donors in order to obtain money that was never going to be used to build a CHURCH? Did you not, with full intent, defraud the donors and make misrepresentations by you or your staff?
Defendants Attorney: OBJECTION
Federal prosecutor: May we have a "side bar" your Honor?
Side bar: ThePeople request that we table this part of the cross-examination and request your Honor to allow The People to further pursue this line of questioning after the IRS is finished with him.
Judge: So ordered. We shall take a break for chicken - then convene with the IRS.
Stay tuned...
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Court convenes THE HONORABLE JUDGE CHICKEN PRESIDNG....Please rise.
Judge Chicken: Okay, I trust ya'll enjoyed the fried chicken. I sure did. Now to matters at hand. I know this is an unusual case,being that there are so many Federal agencies after your ass.. Mr. Spongecake. Mr. Spongecake??? Where is Mr. Spongecake?
Federal prosecutor: I don't see him your Honor.
Defendants Attorney: Your Honor, the defendant is temporarily disposed, he is refreshing his make-up.
Judge Chicken: I see, well, I could have stayed longer and had more of Aunt Jo Jo's fried chicken.
..Judge puts head down, along with prosecutor...
Defendants attorney: Mr. Spongecake is in the courtroom, your Honor.
Judge Chicken: Where? I don't see him? Mr. Spongecake, please rise. I said , please stand!
Spongecake: I am standing your Honor! and frankly, with all this shit coming down on me, I don't have a leg to stand on...I am really stumped your Honor.
Judge Chicken: Order! Advise your client that I will hold the jackass in contempt, especially if he does not hand over his nail tech. Okay now let us resume with a little dignity. We have another Federal prosecutor Federal prosecutor? Who the hell are you?
Federal prosecutor #2: I represent the IRS your honor.
Judge Chicken: Oh, forgive me, as I stated before, I did state this before, didn't I? There are so many Feds here, it is like a damn bakery. What number are you?
Federal prosecutor#2: #2 your Honor.
Judge Chicken: lucky you...you can sit in it with Spongecake.
Okay where did we leave off in this case? I know the other prosecutor this morning left off with some Church Fund that just plain disappeared...Poof.
Federal prosecutor#2: Your Honor, we, too, left off with the Church Fund. The IRS has many concerns, but may we start with this one?
Judge Chicken: By all means, and just to let ya'll know, I have pretty much made up my mind, especially where this is going, but if ya'll want to chat about it...
and we cut at 4:00 'cause I have this free bar dinner and I never miss them. I hear Ms. Jo Jo is cater'in.
Federal prosecutor: Your Honor, it is almost 4:00.
Defendants attorney: Your Honor, we object and at this time wish to file a motion for change of venue to Atlantis where we have more clout. Or your Honor could step down.
Federal Prosecutor#2: THE COUNTRY OBJECTS... to Atlantis.
Judge Chicken: I will take your motion into consideration..DENIED.We will adjourn until 1PM tomorrow, because I have the other Feds that would like another whack at youin the AM Mr. Spongecake. And, I am advising you to not do anymore pleading for that Church that ran away. IF you wish to raise money to find it,don't, call a CPA instead.
Prosecutor #2: Your Honor, The Church Fund??
Judge Chicken: Like I said ,"I pretty much made up my mind", it is arrivederci, baby. You understand that Mr. Spongebobcake, don't you?
Defendants: It's Spongecake, your Honor.
Judge Chicken: The prosecutor will prepare to finish up with the any proof of where the Church went and move on to the tax invasion,er, evasion and tax fraud.
Is that right?
..all rise..
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ROFLMAO Thanks for the comic relief. Does everything have to be heard in Judge Chicken's court.
How could it be any better for HLA in Atlantis?
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From his letter, he neglected to tell the remaining families, 17, from what I am told, maybe less after Spring break...Buccellato timed everything right. Kind of like politicians coming clean on Fridays, so the press is on a down turn for the weekend. What he failed to mention to the families, is no different than his non-existent fire drill plan, what the Hell are they to do if the place is sold? Contingency plan? There is the rumor of another facility getting prepped by a current parent.
Current parent? Or former parent? Perhaps there's more than one parent involved...
Current.
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Atlantis is connected to alot of places that have green foliage all over the place.
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Court is in session..The Honorable Judge Chicken Presiding..All rise.
Judge Chicken: Good morn'in ya'll.
All: Good morn'in ya Honor.
Judge Chicken: Okay everyone present, anyone stuck in the LGR? You have quite some day ahead of you Mr. Spongecake. We do hope you have taken that into account and used permanent make-up today.
Spongecake: Yes your Honorshit...ship, ship.
..Judge peers over his glasses...
Judge Chicken: Prosecutor ??? Identify yourself.
Prosecutor #1: Present your Honor, #1 Federal, Big Kahuna.
Judge Chicken: Good for you, you can piss on the little guy, while he sits in it. Defense?
Defendant attorney: Present your Lordship, Honor.
Judge Chicken: You may begin Mr. #1 Big Kahuna Prosecutor. By the way, you got nice chickens in Hawaii?
I love chicken. Have I told you about Ms. Jo Jo's chicken?
Prosecutor#1: yes, your Honor, yes to both. May the People begin?
Judge Chicken: As long as ya'll rap this up before noon, I got me another one of those free bar luncheons...
...Spongecake takes the stand... swears in with every extremity crossed...except the legs...
Prosecutor#1: We are going back to the Church Fund. Can you tell the court where it went? What happened to it? We would really like to clear this up, so we can get to the FTC violations this morning. Did it go up in smoke, I mean, what did you spend it on?
Spongecake: Yes, I guess you could say it went up in smoke, then again, I really don't know if it did or not.
Prosecutor#1: Are we talking records? It is my understanding, they were all shredded at your shredding party. Let us go back. You are being accused of
losing the Church Fund, and losing it and losing it and not just the fund, your mind.
Defendant attorney: I OBJECT your HON..ER..OR. Whether or not the defendant has lost his mind, is not on trial here, it has no relevance.
Judge Chicken: SUSTAINED COUNSELOR!
Prosecutor #1: I apologize your Honor... That is for another day, another prosecutor.
Judge Chicken: Well let me make something perfectly clear, I have about had it, another prosecutor, Federal?
Prosecutor#1:No ,State, mental health.
Judge Chicken: Well tell the SOB to take a freak'in ticket . Wrap this part up counselor, we know he didn't throw the Church in Mount St. Helens, at this point I dont give a rats ass if he did, but he didn't 'cause I know people, and he would have jumped in after it.
Spongecake: Your Honor, I really don't know where it went it was thrown in the kitty.
Judge Chicken: Now we are onto cats. I don't particularly like cats. Counselor?
Defendant attorney: Your Honor- ship, my client is being honest, it got mixed up with everything, it went in, it went out, .. He blames the accountant.
Judge Chicken: Well, for Gods sake, I don't want him in here. And how many bank accounts are we talking about?
Prosecutor#!: Judge,a shit load.
Judge Chicken: I like your honesty son. Arguments completed? Okay, well I rule the SOB basically threw it in the Pacific, so he could jump in after it.
We will give notice when we shall tackle the FTC .
...all rise...
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Court Convenes... The Honorable Judge Chicken presiding... all rise....
...Judge sachets in wearing sandals, proudly waving his hands...smiling...
Judge Chicken: Morn'in ya'll. I just want to thank Mr. Spongecake, your nail tech was a a creative whore. Everyone present?? Before we start, I would like to bring up what transpired in the other case yesterday, as it is pertinent to this case. Since I don't want to chat anymore, regarding the Church whereabouts, and since I figured out what happened to it, I will rule regarding this case.
Federal prosecutor #2: Your Honor....?
Judge Chicken: Latitude my Boy..
Defendant Attorney: I OBJECT!
Spongecake: I OBJECT!
Judge Chicken: I wouldn't. DENIED! Now as I was saying, I rule that the Church...Church, whatever, went into the Pacific, not into Mount St. Helens. It probably came ashore in Hawaii, then onto Tahiti, ending up back in Atlantis. They got chickens in Tahiti?? Counsel for The People, feel free to share this
with Prosecutor #1...the Big Kahuna. I only got as far as the Pacific yesterday. That is my ruling. Now let's move on to the FTC...
Prosecutor #2: At this time I would like to turn over questioning to my esteemed colleague....Esteem..
..Esteem rises..
Judge Chicken: Now I freak'in object!
Defendants attorney: I OBJECT, too your Hon...
Judge Chicken: Esteem? You 'are' joking.
Esteem: No your Honor. I am prosecutor #3.
Judge Chicken: and let me guess...you are from Tahiti...?
Esteem: Yes your Honor...
Judge Chicken: Look you cronies have to learn that one of you can try a case! I don't need all you suits taking up my time. This is my courtroom and the freak'in country is going broke because of people like you and this Spongecake! And what is this "esteemed colleague" shit? My name is Chicken, I, Lordy knows I love my chicken,but I ain't no chicken. Mr. Spongecake loves dick, but he ain't no dick, um, strike that. You get my drift Boy?
Esteem: Yes , your Honor. May I begin? The FTC case , Sir.
Defendants attorney: Your Lordship, it is almost noon.
Judge Chicken: Excellent point counsel. Ms. Jo Jo is making cornbread, special for me. We will break and pick up the FTC at 1PM.
..all rise>>
-
ROFLMAO Thanks for the comic relief. Does everything have to be heard in Judge Chicken's court.
How could it be any better for HLA in Atlantis?
Since Atlantis is mythical and imaginary, it fits better into Bucchi's state of mind.
-
Court convenes.."The Honorable Judge Chicken Presiding"...all rise...
Judge Chicken: Afternoon Gents, Ladies, I see we have alot more 'friends' this afternoon...CNN,MSNBC,FOX, DERANGEDO, gee Yancy Mace, is that you darl'in?
Even Saturday Night High Five? Gosh. Welcome to ya'll. I didn't expect this case to generate so much interest. I know ya'll didn't come just to eat at Ms. Jo Jo's, but I'll tell you, yesseree, she puts out some spread. Yesseree. Well, who we got this afternoon. Oh, yea, FTC. All present? Oh, Mr. Spongecake, can I call you Spongie? I had that stand brought in special for you this afternoon and that chair pad, raise you up a bit, to see your reaction and all.
Spongecake: ( smiling wide)Gee thanks your Holiness. Just what I wanted. (under breath )" I am so screwed"
Judge Chicken: Swear in defendant, Spongie. Okay Mr. Esteem Prosecutor #3 your up!
Esteem: Thank you your Honor. Mr. Spongecake are you aware of the Federal Trade Commission, the FTC?
Spongecake: It depends...
Esteem: Are you aware that you are in violation of FTC regulations if you falsely advertise and market something which you do not have? It is fraud.
Spongecake: No Sir.
Esteem: No Sir? No Sir what? You list the highest credentials, advertise all- in-one drop off service , market that you can fix any 'anomaly' known to man in HELL.
Judge Chicken: What the Hell is an "anooomalee"? Is that something catchy? (laughter) ORDER!
Spongecake: No Sir.
Esteem: Mr. Spongecake, you can offer none of these, because you have none.
Spongecake: Correct.
Esteem: Awe, we are finally getting somewhere. Would you please 'elaborate'?
Judge Chicken: (whisper to bailiff) What kind of language do they speak in Tahiti?
Spongecake: I did not list anything. I did not pretend to offer anything. I did nothing. My marketing and advertising people thought it would be an innovative' idea, pretty neat, huh!
Judge Chicken: ..(to bailiff) Now he's do'in it. He from Tahiti, too?
Esteem: Your Honor, the defendant is cagey, he wishes the court and The People to believe he knew nothing. It is the Peoples belief that he is one 'narcissistic'
SOB and wouldn't know the truth if it pissed on him. The People rest and ask for a swift resolution from your Honor, did he or didn't he know damn good and well what was being portrayed to an unsuspecting public regarding HELL.
Judge Chicken: There goes that guy again. ( shaking his head) Nar, narspitic?
Defendants attorney : (asleep, wakes up) OBJECTION!
Judge Chicken: To what?
Defendants attorney: To whatever I missed.
Judge Chicken: DENIED counselor. Spongie, it doesn't look good.The People are not happy with you and frankly whatever they seem to be saying, I am in agreement. Defendant will please rise, on that there stand, (looking over at darl'in Yancy Mace). Okay nice and proper, Mr. Spongebobcake, you are one sneaky little guy. I'll give you that much. But your number in this case is up and yes, you are screwed.
All: Thunderous applause. (Yancy Mace gives thumbs up)
Judge Chicken: (Bidding thank you to his flock, bowing) Okay Order! Thank you , thank you. Order... Alrighty,(exuberant) is Mr. Big IRS Kahuna in the court?
Mr. Big Kahuna, Prosecutor #1? what number is he? Yes! ( High fives bailiff)
Prosecutor #1: Yes your Honor.
Judge Chicken: Testimony and cross in the case of the IRS(For The People) vs. Spongecake will resume at 10 AM tomorrow. We kinda got to hurry this up, 'cause the State is coming down on my ass, taking all their glory and all. But Hell and damnation, those pussy's, they had 12 years and 'now' they want to expedite their hearings?, nice word, eh? Dinner is a call'in. Adjourned.
...all rise...
-
Court convenes…”The Honorable Judge Chicken Presiding”…. All rise…
Judge Chicken: Good Morn’in.
All: Good morn’in , your Honor
This has been some week! Shoot I have networks camped outside my house. The news is call'in this here "Sponge Gate". Everyone present? Good. Being that this is live, I want to make a statement. First, where is that damn ‘dictionary’ I asked for? Thank you. (reading a statement)This morning the defense felt the court is being too judge---mental? and asked for me to ‘recuse’, like that?, re—cuse myself from the IRS case before the court. (under breath)Big mistake, huge. That motion was denied. Now I want to make something perfectly clear, this court has no intention of lynching Mr. Spongegatecake. It is’ apparent’, like that?, he needs no help to that end. I would prefer to leave ‘that’ to the State. I never lynched anyone that I know of, you understand that, don’t you Mr. Spongegatecake?
Spongecake: Unfortunately for me, your Worship. (mumbling to himself) I am so deep in 'it'
Judge Chicken: Mr. Big Kahuna IRS prosecutor #1, it’s showtime! (to bailiff ) The dictionary?
Bailiff: It’s Hawaii, your Honor
Judge Chicken: (to bailiff) So get me one from Hawaii!
Prosecutor #1: The IRS will prove beyond a reasonable doubt that Mr. Spongegate, ah, Spongecake, willfully defrauded
the Federal government of millions of dollars in tax revenue by padding the corporate expenses, double- even triple dipping at times, claiming numerous expenses that were actually paid for by its clients, co-mingling of non-profit funds with for-profit funds, using non-profit funds for Mr. Spongecakes own gain
and thus, his own demise
Judge Chicken: ORDER!
Spongecake:..shit..
Judge Chicken: a truckload, to boot.
Defendant attorney: Can I object your Lordship?
Judge Chicken: I wouldn’t advise it…
Prosecutor#1: As you will note your Honor, we still have not received the defendants financials during discovery. It has been 5 years coming.
Judge Chicken: 5 years? Where have I been? Let’s see…JoJo’s, bar luncheons, bar dinners, skeet shoot’in, hunt’in, oh, yes and there’s my chicken farm…
Spongecake: I bought a chicken coup a few years back..
Judge Chicken: That I do remember reading about, but there were no chickens, right? Just green feed go’ in in and out of the ‘coup’
Proseuctor #1: Although we haven’t received Mr. Spongecake’s financials, the IRS data bank, proved itself more than helpful. I would like to submit all these 990’s, mark them as evidence. I would then ask the court to accept sworn testimony of clients that it was indeed the clients that paid for all the goods and services that Mr. Spongecake took as deductions. Then I would like to submit statements from 49 banks across the globe.
Defendants attorney: Objection. Your Honorship, the defendant did not sign those 990’s, did not write them up, nor did he file them.
Judge Chicken: Let me guess. The accountant did it.
Defendants attorney: Yes your Honorship, that’s right.
Judge Chicken: Counselor, that won’t fly here! Oh, yes, I go fly fish’in…maybe that’s where I’ve been. And you counselor are telling me… who signed the 990’s, other than the accountant?
Defendants attorney: His wife, Sir.
Judge Chicken: Wife???? As in Missus?
Defendants attorney: Yes Sir.
Judge Chicken: ( laughter in the court) ORDER! Counselor you wish this court to believe that Mr. Spongie over there has a wife?
Defendant attorney: Absolutely.
Judge Chicken: What ‘kind’ of ‘wife’? Is the wife present in the court?
All: Where is ‘she’?( everyone looking)
Judge Chicken: Where is she? What is her name? Will the ‘wife’ please stand and give her name and state where she is from?
Wife: (standing) Colossus, Sir, I am from Atlantis.
All: shock, then hysterical laughter.
Judge Chicken: Well, Glory be, you certainly are, um Colossus . I see. One thing for sure, I don’t have to give you no stand. And, I am glad we are back in Atlantis! (smiling) They speak ‘American’ in Atlantis?
Wife: No Sir, Greek.
Judge Chicken: Oh…I , I see.(peering over his glasses in disbelief)
Defendant attorney: See your Honor, his wife.
Judge Chicken: Is the accountant by chance here, too?
Defendant attorney: Yes your Honor.
Judge Chicken: His name?
Defendants attorney: There are two accountants your Honorship. Drillie Gay and Thorney Morbid.
Judge Chicken: Seriously?
Defendants attorney: Yes, SIR!
Judge Chicken: and the bank accounts? The 40…40 some left? Who’s holding them?
Defendants attorney: Colossus, Gay and Morbid.
Judge Chicken: Well, I have to give the three of you credit, ya’ll showed up. The defendant as your ‘spouse’?? and ‘your’ client, seems to be throw’in ya’ll under the bus, an RV to be clear. Not that it is any skin off my ass.
Prosecutor #1: Not so fast your Honor. Colossus, Thorney Morbid and Drillie Gay ….I would like to submit their sworn testimony as evidence that the defendant, through his tirades and tantrums forced them to sign the documents under extreme duress.
Judge Chicken: So ordered, let me see their testimony… Mr. Spongecake, they beat you to it, it is your ass that the bus appears to be dragging all the way to the FP. In light of all that has taken place this morning and being that it is an hour passed my lunch with darl’in Yancy Mace at Ms. JoJo’s, this is my ruling. Mr. Sponge – cake…please stand, no stand on your stand… The court is disturbed, not only am I late for the lunch of my Octogenarian, learned that one last night, sorry ass life, it appears you have tried to screw the IRS,THE PEOPLE and this court , not to mention your, ah,’wife’?? and colleagues. Your actions show no remorse, in true, nars..narspictic , that’s it, fashion. To say, you have stepped in it, big time, well, there is light in my life ‘cause there is one more sorrier ass than mine. I find for THE PEOPLE!
All: Cheers..
Judge Chicken: (Smiling for the cameras, waving, bowing) GOD BLESS AMERICA! (to bailiff) We are back in America, aren’t we? GOD BLESS MS. JOJO! Okay, folks, ORDER! Mr. Spongecake, you are remanded to the State for now, DA Namanama – goochi, I think he is from Japan, once he has woked , er, worked you over the coals and The State concludes it ARSON case against you… your ass is mine for sentencing, you little prick. Ah, Colossus, would you care to join little darl’in Yancy and me for lunch?
Yancy Mace: Will you share your manicurist Judge?
Judge Chicken: I would if you tell me what the HEll that is.
Adjourned.
..all rise…
-
Alarm: Parody
“The State of Atlantis Vs. Spongecake”
THE HONORABLE JUDGE MALCOM BOOB PRESIDING
..ALL RISE...
Judge Boob: Good morning. We are broadcasting live this morning , as we decided if the Federal government did it, we should. We have some serious issues at hand, so we will cut to the chase and it has been some chase from what I am told. Counsel for the State please identify yourself.
Prosecutor: Good morning your Honor. I am counsel for the State, Josh D. Crotchet.
Judge Boob: Sir, did you say CROCKET as in Davey? I hope.
Prosecutor: No Sir, it is C-R-O-T-C-H-E-T, Crotchet.
Judge Boob: Yes, yes, I was afraid of that. Thank you counsel. Defendants counsel?
Defense attorney: Present your Hon..hon..or..rr..rr, my name is Le-roy … Just, Just.
Judge Boob: Just what?
Defense attorney: Just, J-U-SSS-TTT.
Spongecake: ( under his breath) Now I am truly f**ked… (to attorney) For Christ’s sake you didn’t tell me you couldn’t talk! You stutter!
Defense attorney: ( to Spongecake) You nev…vvver er asked Swee…tums. All ‘you’ dd..id..was ratt..ttle on about your cc..case…ttt..old me yaya..ou need…dded an att..ttorney. MMy mou..th wwas a lit..tttle bb..busy, so, so I ga..gave yaya..ou my..my ccard an..nnd yaya..ou said tatato meet yaya..ou here at.t tthis time. S..so, h.here I amm.
Spongecake: I thought you couldn’t talk because ’you’ were busy!
Judge Boob: Mr. J-U-S-T?? Counsel, what the Hell is going on?
Spongecake: Your Worship, I need help!
Judge Boob: You are out of order Spongecake and we are well aware you need help, we will do everything in our power to see you get it, but good, now sit your ass down. And where the Hell did that stand come from?
Spongecake : (raising his hand)
Judge Boob: Yes?
Spongecake: Judge Chicken donated it.. .. Judge, my attorney cannot talk, he cannot defend me. He cannot talk for God’s sake!
Judge Boob: Mr. J-U-S-T can you raise your hands, if you can, raise one arm, now. Good. Now, one arm will be for yes and two arms up for no. Bang the table to Object. Got it? Now we want everyone to know that this is an equal opportunity court and State, we don’t need the likes of the A.C.L.U. in here or Stutterers Anonymous claiming we did any injustice. We like everyone, right Mr. J-U-S-T?
Defense attorney: (raisies one arm)
Spongecake: I OBJECT, THIS IS UNCONSCIONABLE..
Judge Boob: Mr. Spongecake, if I were you I would not throw that word around, ‘cause as we all know, it will come back to bite you, especially you, in the ass. Any objections Mr. J-U-S-T?
Defense attorney: (laughing, raises two arms)
Judge Boob: You did that really well. Now let us move on… Mr. Crotchet?
Prosecutor: I am your Honor. The State calls defendant Spongecake.
…Spongecake gets sworn in.. head hanging…
Prosecutor: Good morning Mr. Spongecake. Do you know what ARSON is? ARSON is the crime of deliberately and maliciously setting fire to structures. I would like to take you back to late Spring of last year. There was this fire, do you recall?
Spongecake: Yes, I was told about it. I was not there.
Prosecutor: You weren’t there? On the premises? Where were you?
Spongecake: I don’t recall, it was awhile ago. I have been under a lot of stress lately and my memory is not so good. Everything seems to be coming down on me, I feel like I can’t breathe.
Judge Boob: Well, now you know how Mr. J-U-S-T felt. Ha!
All: laughter in the court
Prosecutor: The State Fire Marshall in his deposition stated that the accelerant used literally obliterated the place within a few minutes. Even though you were not there, would you happen to know what kind of accelerant would do that much damage so quickly, and not leave a trace?
Spongecake: Wish I could help, no idea.
Prosecutor: You built a new administrative building, yet you kept ‘all’ the files in the old building? Everyone had to walk downstairs and over to the old building to get the files? Doesn’t seem too convenient does it?
Spongecake: We had a runner, I believe and it was nice to get out..
Prosecutor: Did you carry insurance on the building?
Spongecake: I am not sure, I would have to ask my accountant and the bank.
Prosecutor: Well, from wh
at I read about the Federal trial, I do not think either of your accountants will answer your call. They testified against you. Did you receive any settlement from any insurance company because of loss due to fire?
Spongecake: I may have, again, you would need to check with my accountant.
Prosecutor: We did Sir.
Spongecake: Well, there you have it.
Prosecutor: Have what?
Spongecake: It.
Prosecutor: Did you hire someone to torch the building? A professional?
Spongecake: You would have to ask them.
Prosecutor: Did you burn down your own building?
Spongecake: Do I look that stupid?
Prosecutor: Frankly, yes.
Defense Attorney (bangs on desk)
Judge Boob: Objection sustained. Look Mr. Crotchet, this isn’t getting us anywhere. We already have sworn affidavits, delivering who, what, when and where.
Prosecutor: I just wanted to give Mr. Spongecake the opportunity to come clean….to set things right.
Defense attorney: (raises one arm)
Judge Boob: SUSTAINED. I understand where you are coming from Mr. Crotchet, you are a good man, but read my lips, this isn’t Universal , he isn’t Casper and that ain’t going to happen. Mr. Spongecake doesn’t get it. He has proved time and again that an affidavit means nothing. He’d do well in Washington. Well,actually ,not anymore. We will pick this up after lunch and I will give you my ruling.
..all rise…
Court Convenes…
THE HONORABLE JUDGE MALCOM BOOB PRESIDING
…ALL RISE…
Judge Boob: Afternoon. All present? I hope you all enjoyed your lunch and Mr. Spongecake, I hope you had a light one. At this time, I would like to re-iterate that this court is not going to take responsibility for lynching this man, Mr. Spongecake. It is apparent nary a soul could accomplish this as well as he has himself. (smiling bright toward the cameras)… I would also like to state for the record, I have thoroughly enjoyed having Mr. J-U-S-T in my court, as we are Special Needs friendly…you are welcome back any time Mr. J-U-S-T. (applause, cheers) Order… Now Mr. Spongecake will you rise and when you leave, take that damn ‘portastand’ with you. Do you have anything to say Mr. Spongecake?
Spongecake: Your Worship, I have two more trials in your court, may I bring the stand back?
Judge Boob: Son-of-a-bitch…I will grant that, I guess we have to see you, to try you. This court finds for THE STATE …Congratulations Mr. Crotchet. This court will stay sentencing, until the court hears the other related and relevant cases, in The State vs. Spongecake.. Enjoy the Holiday weekend everyone.
Judge Boob: ( motioning toward the defendant, mouthing the words) You should have given more to the Museum you tight little bastard!
Adjourned.
…all rise..
-
Court Convenes…
The State of Atlantis vs. Spongecake – Arson -Continuance
THE HONORABLE JUDGE MALCOM BOOB PRESIDING
…all rise…
Judge Boob: Good morning. First I am not thrilled to say the least, for the reason we are back here. The Defendant, Spongecake has filed a motion, pro se, for mistrial and to dismiss ARSON charges based on court error. I “sustained” Mr. J-U-S-T ‘s single arm, meaning yes, when I shouldn’t have. I took it as an objection. My apologies to the people of the great State of Atlantis. I am biased beyond contempt for the weasel before me, I will recuse myself, and another Judge, who has ‘personally’ volunteered, will hear the other two cases. This court has no recourse‘at this time’,I declare a mistrial, case dismissed.
..panic in the courtroom… whispers…
“the SOB got away with it…again”.
-
“The State vs. Mr. Spongecake” – Commitment/ Guardianship
The Honorable Judge Bela Horrifico Presiding …..
…..for my brother…
..all rise…
Judge Horrifico: (smiling,fangs, strong accent) Gooddd even-ning. I am aware dees ees high-ly ir-regular to holda court at nightt, but since the loss of my fam-ily and my sub-see-quent trip a-broad, I find the eve-nning sched-ule mora suit-table. Our lights are notieece-ably dim, as my eyes are light sens-seettive, coun-selors and the de-fen-edant weell also note a flash-a-light is pro-vided, to light their face, when spea--king. As we-a are live, cameras e-quipped with special len-ses and light-ing shall eee-mit from be-hind thee bench.
…murmurs in the court…
Judge Horrifico: To con-tin.yo… We are here-a to ex-amine and dee-tter-mine the Men-teel Stab-beelity of Mr. Spon-ge- cak and whether hee should-da be em-balmed,excuza, me, en-turrred….ooh, in an asy-lum or prison for thee een-sane. All-so…whethar or not a Mr. Co-lossus will be appoin-ted heess guardian.
Spongecake: NO! ( to attorney) What’s with this guy?
Judge Horrifico: De-fense, con-troll your clii-ent. I hear heem, but I don’t seeya heem. Ah, don’t for-get your Flash-a-light. I was going to ask if all were pres-sentee, but I seeya… Prosecu-tor…ident-eefy your-self…
Prosecutor: I am Yuri Hovritz, for the State, your Honor.
Judge Horrifico: Ah, Yu-ri, I knew your Grand-mother vell. She atten-ded all mya famee-lies fuun-erals. And fora, the De-fense?
Defense Attorney: (trembling) Mr. Je’sus Cross, for Mr. Spongecak, er, cake..
Judge Horrifico: Velcome, Mr. Je’-sus Cross, thees ‘ees’ going to be an in-ter-resting eve-nning. Yu-ri, my boy-a, you may bee-gin.
Prosecutor: Thank you , your Honor. The State has placed into evidence all depositions and testimony regarding Mr. Spongecake’s mental health, rather lack of it. No one in their right mind, could have consciously and allowed these events that have unfolded and publicized in the news ..
Defense Attorney: OBJECTION! The news is hearsay, your Honor.
Judge Horrifico: Un-for-tunat-ley, sus-tainedd.
Prosecutor: No one in their right mind, could have consciously and coherently allowed the events stipulated in the evidence to occur. It is the States contention that one, Mr. Spongecake, would have to be mad, totally insane, without scruples.. no heart..
Defense attorney: OBJECTION! Mr. Spongecake is not on trial here for his lack of scruples…
Judge Horrifico: To- a bad.. I mean, no-a heart..sus-tainedd.
Prosecutor: The good State of Atlantis last week, already took his license your Honor, for fraudulently changing client documents, just to name one unethical infraction. In evidence, there are numerous offenses that only a socio-pathic, narcissist would even think of committing. I tell you your Honor, it makes my blood curl.
Judge Horrifico: Point-t taken, Yu-ri. I must ad-mitt, eet ees not pale-table for me eithar, butt, weee shall see. Call Mr. Sponge-cak..
Prosecutor: The State calls Mr. Spongecake….
…Spongecake sworn in…
Prosecutor: Mr. Spongecake… Do you believe you are sane?
Spongecake: As sane as they come.
Prosecutor: Did you commit these atrocities that you are charged with, thus leading to this “Commitment” hearing?
Spongecake: I did not commit these atrocities.
Prosecutor: But, we have sworn affidavits…
Spongecake: As you and the media are well aware, they mean nothing.
Prosector: How could a sane person do all this?
Spongecake: One word counselor…money. And if I can answer that one, I am legally sane.
Defense attorney: OBJECTION! My client has no f**king idea what he is saying. Your Honor, there is still the IRS case, in which my client is waiting for sentencing. His statement here could have some bearing on his sentence. I move to strike my clients statement.
Judge Horrifico: DENIED… EEf I had blooddd, it would be boi-ling about now. We have-a crim-in-all asy-lums for people like Mr. Spon-ge-cak… all o-ver da world.
Prosecutor: Mr. Spongecake, I have two questions , did you willfully hurt all these people for your own gain? Do you feel any remorse?
Spongecake: Yes I willfully did and without reservation. Now try and prove I am nuts!
Porsecutor: If you had to do ‘it’ all over again, would you?
Spongecake: Absolutely.
….murmurs in the court…
Judge Horrifico: Order, wee shall tak a short re-cess for a late sup…I hear le’ café’ is ser-ving pasta ‘al dente’ and stak tar-tare… I weell be most hap-py to ren-der mya de-ci-sion af- ter sup-per.. Ohh, Mr. Co-lossus. Vould you be kind e-nough to join meeya in my-a cham-bers - for sup-per?
Mr. Colossus: (standing with flashlight under chin) I would be honored your ‘sweet’ Holiness…
…all rise…
The State of Atlantis vs. Spongecake – Commitment/ Guardianship Hearing Continued…
The Honorable Judge Bela Horrific Presiding
Judge Horrifico: Well, dat t’was a spe-tac-ular sup-per! ( Colossus walking to his seat in a daze, with his collar buttoned) All pres-ent? Gooddd. Let us pro-ceedd!
Spongecake: (to his attorney) What the Hell is wrong with Colossus? Look! (Colossus winks, smiles showing fangs) Oh, f**k, Oh f**k. Whore!
Judge Horrific: H’or douvres, did yo saya Mr. Spon-ge-cak ? Not n’yett. Let’tus be-gin. Yur-ri…
Prosecutor: The State of Atlantis feels justified in asking the court to find the defendant criminally insane. The State does not wish the defendant to see the “light of day” your Honor. The State rests.
Judge Horrific: I tink datt could be a-rranged. But-ta, first, weell thee de-fen-dant,Mr. Spon-ge-cak, pleesa rise, and nott to for-get youra flash-a-light. Mr. Spon-ge-cak…I tink eett only fair, to saya ta yo, dat yo deed not rec-cog-nize meya. Mya be-lov-ed wife and five cheel-dren were your cli-ents. Mya be-lov-ed wife, hung her-self, mya tree sons are in pree-son and mya bel-la daugh-ters are with their be-lov-ed mod-der. Mya cheel-dren ‘vent’ to ‘HELL’. I-ya do not holdda deese a-gainst yo – for thee re-cord. I canna see dem whenever I vish.
Defense Attorney: OBJECTION! OBJECTION! This is a lynching!
Judge Horrifico: Mr. Je’-sus Cross, ees eet? De-niedd. Yo hava mya word, deese isa no lyn-ching. Eet maya be mora lika ‘ yo taka bllooddd, and you giv-eth bllooddd.
Spongecake: Bite, me, you pontificating f**k.
Judge Horrifico: Thee thought of dat, re-pulses, eeev-en, meya.
(whispers in the court, laughter)
Judge Horrifico: Eet isa trav-esty that yo hava bin ah, a-ble ta a-void mya court fora..years. Baht, here-a yo ara. Seence, eet isa thees courts o-pin-ion, that-ah- weya need to pro-tect the People fromma yo, deese court findz fora Dee Stat. Yo will-a be re-manded to Chal-et Moor-es Institu-tionale A-cad-emy, in Ire-land, for a per-iodd of 18 monts. Thees should en-sura Yu-ri’s vish comes a true. Af-ter, 18 months at the Chal-et M.I.A. eff yo canna steel beya fandd, ya weel be placed ah, een thee a newa Alca-traz, which weel houz thee Guan-tonimo de-tainees anddd thee likes of yo…tank yo to a Non-cee Pel-lopee. Eff som-a--how yo geet out of therea, Mr. Col-ossus, ees gra-ted Guar-dian-sheep. Heya weel taka good cara yo. Mr. Spon-ge-cak, umm, velcome to HELL. Buon Giorno!
(Cheers from the courtroom)
Colossus: (moving in on Thorney, lights dimming) I weell dreenk to dat!
…all rise…
-
I see a movie in the making. Casting ideas, anyone?
-
Joe Pesci as Spongecake as he is so despicable...
-
Sasha Baron Cohen as Judge Bela Horrifico
-
THE IRS(for the People) vs. SPONGECAKE – SENTENCING
The Honorable Judge Chicken Presiding
.....for Lancelot...
..all rise..
Judge Chicken: Good morn’in ya’ll! A special welcome to the Press! I had the privilege of running into a few of you at Ms. JoJo’s early on. She whips up some grits, don’t she? This here hear’in is for the sentenc’in of Mr. Spongegatecake in the case of the IRS, for the People, vs. Spongegatecake. Is everyone present? Prosecutor for the People?
Prosecutor: Present your Honor.
Judge Chicken: And ‘whom’, like that?, whom might you be? Where is Mr. Big Kahuna Prosecutor #1?
Prosecutor: I am DA Namagoochi. I have taken over for Mr. Big Kahuna, your Honor.
Judge Chicken: Now just one f**k’in minute. I thought you were with the State of Atlantis, this here is Federal, flunky. You are in the wrong GD courtroom, Mr.Namanana-gucci…freak’in Gucci?
Prosecutor: It is Federal DA, Namagoochi, sir.
Judge Chicken: You sure, boy?
Prosecutor: Yes your Honor. I’ve been chasing the SOB for years..
Judge Chicken: Well, shoot, boy, I am not too big, to admit…you understand boy. And where you be from??
Prosecutor: Japan, Sir. And Sir, I came prepared, this is for you…(Namagoochi hands him an English dictionary)
Judge Chicken: They speak English in Japan? Not American? You’re on top of things counselor, I like that! Now counsel for the defense?
Defense attorney: Present your honor. Mr. Gumbo. Sault St. Luis.. Creole.
Judge Chicken: Well Mr. Jumbo, less is more in your case, git my drift boy?
Defense attorney: Yes, Sir.
Judge Chicken: And where is our little defendant?
Spongecake: (grabbing the portastand and leaping on it, with the “flash-a-light”)
Judge Chicken: What the sam hill are you do’in Spongebobcake? What the f**k is that?
Spongecake: The “flash-a-light” .
Judge Chicken: Dimwhit, I know what a GD flashlight is, do you? A “flash-a-light”?? Put it up you moron…you are one sorry ass freak! Freak!
(Laughter in the court room)
Judge Chicken: (under breath) Freak’in idiot. ORDER, COME TO ORDER. SIT DOWN MR. SPONGEGATECAKE! Control your client, JUMBO! ORDER! Now where were we, oh, sentenc'in. Mr. Gucci, do you have anything further to add before I pass sentence?
Prosecutor: The IRS representing The People ask that the defendant Mr. Spongecake be required to pay The People the 10 million dollars out of the defendants private coffers as the defendant’s business is facing foreclosure and has filed for Chapter 11 protection, so as not to have to pay The People.
Defense Attorney: OBJECTION! We do not know why the defendant’s business has filed for Chapter 11. There is no evidence that Chapter 11 was filed to prevent payment to The People. Mr. Namagoochi is also misleading this court to remotely infer that my client’s business has also filed Chapter 11 to stop the foreclosure on that business.
Prosecutor: I never said ‘that’ your Honor. If your Honor will allow, evidence #40, clearly shows, not to be glib, where the beef was, where it went and where it is now. The defendant’s business did not file for bankruptcy protection until after the judgement was issued by your Honor.
Judge Chicken: You didn’t have to. Objection noted and denied, there is a track record Mr. Jumbo. They have tracks in Sault St. Luis? You git it, don’t cha boy? And I am sure Mr. Gucci over there ‘preciates your inform’in the court with regard to stopp’in the foreclosure. That’s good counselor. Well I have ‘bout heard all I can take… It is gett’in toward noon and it’s time for….
(Bailiff trying to get the attention of the court, leaping up and down)
All: Ms. JoJo’s! ( cheering)
(Bailiff still trying to get the attention of the court)
Judge Chicken: Ya’ll are too much, really. I sure have had a fine time of it.
Defense attorney: Your Honor… where is my…
Judge Chicken: (interrupts) Less is more, Mr. Jumbo. Will the defendant please rise? Mr.Spongegatecake? Mr. Spongegatecake stand and be seen. Bailiff?
Bailiff: Last I saw him your Honor, he was on his knees, in the darkened area of the court, I think it was Mr. Colossus, yep, I think he was pleading to Mr. Colossus.
Judge Chicken: Who was pleading to Colossus? I never saw Colossus today.
Bailiff: Mr. Spongecake, I tried to get your Honor’s attention. Mr. Spongecake high tailed it outside, flailing the flashlight around. And Mr. Colossus disappeared, poof, gonzo, from what I could see.
(pandemonium ensues)
Judge Chicken: Okay, calm down people, warrant is now issued, we’ll pick him up, he won’t get far.
Officer at back of Courtroom on phone: All points bulletin. Apprehend Defendant Spongecake driving a Jaguar, with the letters F-A-G-U-A-R spray painted all over it, may have a flashlight…
Officer to Judge: Got ‘em your Honor. Three minutes out. They say he is babbling about giant teeth… crimson eyes, red tongues and waving that flashlight at everyone. Officers think he might need to be restrained, appears to be crazy as a loon.
Judge Chicken: Now ‘that’ officer has foundation. (three minutes pass, officers come bounding into the courtroom with an incoherent Spongecake) Come forward, come forward with the defendant. (Spongecake babbling away, eyes darting everywhere, whimpering) SILENCE, Mr. Spongegatecake and put down that damn flashlight! Take it from him for God’s sake!
Spongecake: Your Worship..Oh, your Worship….
Judge Chicken: Your Worship, my ass! What the f**k is wrong with you? No one leaves my court, unless I say so, you little twerp.
Spongecake: Big teeth, mammoth teeth, behemoth teeth..eyes, dark, crimson, black, red tongue…darting … I need my “flash-a-light”, give me my” flash-a-light”.
Defense attorney: Judge, clearly my client is under a bit of stress…
Judge Chicken: Put a lid on it Creole! CLEARLY, that is an understatement. Nice word, eh? What the Hell did the guy eat for breakfast? ( as Judge raises his glass to drink, hesitates) Geez, is there someth’in wrong with the water? Bailiff, have some water… (Bailiff drinks water).. seems okay. Give the defendant some water. Calm down the little SOB. ..Oh, f**k it, give him that damn flashlight. ORDER! GD IT, ORDER! (base of the gavel breaks off, hits Spongecake’s head) There that’s better. Spongebobcake, you there, hellooooooooooo? Prop him up. Mr. Spongebobcake, do you have anything to say before sentencing.
Spongecake: Gil…guil..ty. Ill… protect..eyes, giant teet…
Judge Chicken: Yes, yes you are. Since the defendant stated his guilt and the court found that he willfully defrauded the IRS for THE PEOPLE, I find for THE People. The court rules that Mr. Spongebobcake must pay THe PEOPLE back with interest, out of his own pocket. It is my understanding that the State of Atlantis is in the wings wait’in to take you to a place where you can be totally free to be as nuts as you wish. When and ‘if’, and that is a big ‘if’, you return to your native soil, which I doubt, your Federal sentence shall run concurrent with that of the great State of Atlantis… to which I am ‘guaranteed, you will never again see the “light of day.” Thank ya’ll for join’in us ..(toward the media, waving, bowing)
(Spongecake curled on the floor, holding his “flash-a-light” tight to his neck)
Adjourned.
..all rise…
All: (as Colossus moves further into the darkened corner, cheers and dancing).
..outside courthouse…where there is a media frenzy…
Judge Chicken: There you are Yancy, darl’in. (doing a shuffle) How’s ‘bout join’in me for a spin to Ms. JoJo’s - in that there F-A-G-U-A-R! Pretty damn colorful, yesseree!
Yancy Mace: (under a rather large brimmed hat, sunglasses and parasol) I’d be delighted your Honor. ( flashing a brilliant fanged smile)
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LOL. Brilliant.
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Anyone stop to think how can they be filling bankruptcy when they made over a million per peer group?
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Creative accounting, pokeyou, without regard to what's legal and what isn't. It's called How Much Can I Get Away With. Calling IRS.
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The 990s clearly show ridiculous amounts taken as expenses for items and services paid for by parents....uniforms, snacks, mailings, toiletries, dental, medical, outings and field trips, medical supplies,Wilderness program tuition, etc. What is also a bit shocking, is the amount HLA showed for the cafeteria food service, considering....
www.guidestar.org (http://www.guidestar.org) Put in: HLA, INC. then: 990's and Docs You will need to register, but there is no charge.
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Bankruptcy up-date: No surprise...HLA has asked the court for another extension regarding handing over their financials.. colorful I am sure. On this end,no news as to whether there is a 'stay' for HLA to be sold on the courthouse steps tomorrow...
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The clock ticks.. :seg:
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The clock ticks..
.......as Len races to suck dicks
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Bankruptcy up-date: No surprise...HLA has asked the court for another extension regarding handing over their financials.. colorful I am sure. On this end,no news as to whether there is a 'stay' for HLA to be sold on the courthouse steps tomorrow...
Any news on that auction supposedly occurring today?
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Called the courthouse...no notice to them until the new deed is filed,which could take months, if the sale went through. The only way to find out if the sale went through is to call: Branch Banking and Trust Company, as Attorney-in-Fact for Hidden Lake Academy, Inc.
R. Russell Berry, Esq.
Womble, Carlyle, Sandridge & Rice, PLLC
Attorneys at Law
271 17th Street, N.W.
Suite 2400
Atlanta, Georgia 30363
(404) 888-7468
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THE DAHLONEGA NUGGET
News
Hidden Lake officials see Chapter 11 as chance to regroup
By Sharon Hall
Published: Wednesday, June 3, 2009 10:28 AM EDT
Hidden Lake Academy founder Dr. Leonard Buccelatto, like many corporate leaders in today's economy, is hoping Chapter 11 will be a tool in rebuilding the private therapeutic boarding school he founded in Lumpkin County 1994. The academy voluntarily filed a petition for Chapter 11 with the bankruptcy court May 14. The move, Buccelatto says, will allow the school to regroup and make arrangement to pay down its debt rather than face foreclosure on part of its property.
“The school has applied for bank refinancing. HLA only asks that people understand and bear with us during this rebuilding time,” Buccelatto said. “With the current economic times we believe this type of financial scenario will, unfortunately, be repeated throughout the country.”
It's not just the poor economy HLA is suffering from, however. Much of its woe stems from a 2006 petition for a class action lawsuit filed by the parents of several HLA students. Buccelatto called it a “contract dispute-the parents wanting some of their tuition monies returned after their child had attended HLA. The petition made no claims of harm or damage to a child.”
In fact, Buccelatto says, some of the students named in the petition graduated from the academy and have since gone on to college.
In August 2007 Federal Judge William C. O'Keley denied the potential class action suit, despite “a well-orchestrated and vigorous campaign by the plaintiffs and their attorneys, very few parents joined the petition,” Buccelattor says.
HLA agreed to settle out of court with the parents for a reported $400,000, a fraction of the amount initially demanded, Buccelatto says.
Even after the settlement agreement, however, the negative campaign launched when the petition was filed continued, Buccelatto says. He called the tactics used on the Internet, in the local press, by some local community members and aimed at the school's referral sources “vicious and unrelenting ... It became very evident that the goal of the people involved was to discredit, and to ultimately close the school ... creating as large a financial burden to the school as possible by attacking [our] referral sources through fear and intimidation. It would be a gross understatement to say that these events did not have an impact on the school. The financial reality is one the school is still reeling from.”
HLA suffered a severe drop in enrollment, and was faced with $1.5 million in legal fees, along with its usual loan payments and other costs of operation.
At one point HLA was the second largest private employer in Lumpkin County, with 138 faculty and staff, 90 of whom lived in the county. Additionally, 12 local people were employed by the food service contractor used by the school.
In 2004, the academy paid over $600,000 to local vendors for various products and services, and an additional $730,000 for food service purchases.
In addition, parents, alumni and prospective students and their families spent an average of 2,800 nights in local lodging and purchased over 8,000 meals in local restaurants.
“The financial circumstances have been devastating. But since the resolution of this matter, HLA is rebounding, with students once again enrolling. We are slowly getting back on track; our referral sources are all back helping us to repair the damage that was done to the school,” Buccelatto says. “Hidden Lake Academy is a wonderful program which will survive this ordeal.”
Copyright © 2009 - The Dahlonega Nugget
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This is totally slanted and wrought with mistruths.
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I think maybe we should post all the liens against HLA by the local vendors...even during it's hayday...Buccellato never paid them. He literally screwed the local vendors. Fact is fact, records don't lie.
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Bankruptcy up-date: No surprise...HLA has asked the court for another extension regarding handing over their financials.. colorful I am sure. On this end,no news as to whether there is a 'stay' for HLA to be sold on the courthouse steps tomorrow...
Any news on that auction supposedly occurring today?
HLA was not put up for auction yesterday because of the bankruptcy filing.
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Bankruptcy up-date: No surprise...HLA has asked the court for another extension regarding handing over their financials.. colorful I am sure. On this end,no news as to whether there is a 'stay' for HLA to be sold on the courthouse steps tomorrow...
Any news on that auction supposedly occurring today?
HLA was not put up for auction yesterday because of the bankruptcy filing.
That was my fear right off the bat when the bankruptcy filing was announced.
Whatever became of the fact that Buccellato personally guaranteed that $400,000 (non-payment of which was the premise for auctioning off the property)? If it cannot be extracted from the sale of the property, is the next step "foreclosing" on his personal assets?
This ends up circumventing Hidden Lake Academy, Inc. almost entirely.
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Buccellato gave a sworn affidavit to the court, a personal guarantee, backing that settlement, which with his track record of liens, means nothing. However, Berger and Montague are arguing because of his personal guarantee his personal assets should be tapped, thus taking it out of HLA, INC. No surprise there. He knew what he was doing then and he knows what he is doing now. He has a very shrewd financial guru. One has to understand this mans mindset. He never intended to pay.
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Case 2:06-cv-00146-WCO Document 112 Filed 06/03/2009 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
GAINESVILLE DIVISION
JILL RYAN ET AL :
:
:
:
:
vs. : CIVIL ACTION
: NO. 2:06-cv-00146-WCO
:
:
:
HIDDEN LAKE ACADEMY, INC :
ET AL :
:
:
N O T I C E
By direction of the Court, the above-styled action is hereby SET
for TELEPHONE CONFERENCE RE [108] MOTION TO COMPEL, ON
WEDNESDAY, JUNE 17, 2009, AT 11:00 A.M., BEFORE HONORABLE
WILLIAM C. O’KELLEY, SENIOR UNITED STATES DISTRICT JUDGE
IN THE THIRD FLOOR COURTROOM, GAINESVILLE, GA 30501.
This the 3rd day of June, 2009.
JAMES N. HATTEN, CLERK
BY:
S/Don Stanhope
Don Stanhope
Courtroom Deputy Clerk
404/215-1535 (Atlanta)
678/450-2735 (Gainesville)
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It is no surprise that HLA is going through troubles. I have recently been pulled from HLA due to their financial problems, which the kids at the school are somewhat oblivious to. The school in itself DOES HAVE THE POTENTIAL to help kids to excel and life, and it does that for a lot of kids! The problem is that over the past few years the school has been digging a ditch of financial troubles, deception, and occasional abuse. This school is not what was five years ago, not by a longshot. The school population has decreased from about 60 kids to less than 30 over the may break. I know that it is hard for a parent to withdraw a student from the program early, the counselors are trained to keep your child from being 'pulled'. My message to the parents with a student still at HLA: It would be a good idea to reconsider having your child at this school during this time of bankruptcy, etc.. It is also not a healthy place to be. In my six months there, I saw numerous fights, several windows and doors broken, and many students self-mutilating and making tattoos with tacks on the wall. Don't blame all of this on your child. Remember: Anyone would act out-of-line in a school that is run by self-absorbed headmasters. Take it from me. This place really IS as bad as it's cracked up to be.
Thanks.
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The problem is that over the past few years the school has been digging a ditch of financial troubles, deception, and occasional abuse. This school is not what was five years ago, not by a longshot. The school population has decreased from about 60 kids to less than 30 over the may break. I know that it is hard for a parent to withdraw a student from the program early, the counselors are trained to keep your child from being 'pulled'. My message to the parents with a student still at HLA: It would be a good idea to reconsider having your child at this school during this time of bankruptcy, etc.. It is also not a healthy place to be. In my six months there, I saw numerous fights, several windows and doors broken, and many students self-mutilating and making tattoos with tacks on the wall. Don't blame all of this on your child. Remember: Anyone would act out-of-line in a school that is run by self-absorbed headmasters. Take it from me. This place really IS as bad as it's cracked up to be.
Thanks.
sounds like nothing with the exception of financial troubles has changed at HLA in the last five years. the HLA you are describing sounds like the good ol HLA of the late 90's early 00's. nothing has changed. seriously.
i wonder how many generations of kids have been using the same thumbtacks to tattoo themselves. those thumbtacks are a commodity. they get traded and passed along from student to student. in my time, counselors would rarely provide thumbtacks. the ones i used were a collection of tacks i got from students who were graduating and two of my roommates that got pulled; i used those the whole time and even got into a fight over other kids stealing my tacks, and then when i graduated i gave them to my friends that were staying. i used them for their intended purpose of course, but when i first arrived while i was in earth element i gave myself a bunch of tattoos...they only lasted about a month or two as i didnt go deep and i used crappy pen ink, but it was still a really stupid idea. i hope HLA tests for transmittable diseases upon enrollment, otherwise there may be a HUGE risk of hiv/hep/etc transmission among students.
there were a few occasions where i found razor blades stashed in various places around the school .... all with obvious bloodstains. they were in books, the spaces between the desks and the walls, taped under tables, under rocks, under the carpet, inside the light fixtures....i stumbled across around a dozen entirely accidentally in my time there. there seemed to be an epidemic of them for a time, during the construction of the new academic building the workers would sometimes leave tools behind on the site or drop them somewhere in the vicinity of the site. among those tools were boxcutters and exacto knives, from which kids stole blades at night or on restrictions. also, there were some kids with excessive hair growth who were permitted to have traditional non-electric razors. those got stolen. alot.
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I've never seen so much baloney in such a discussion group. What's sad is so many people take all of these anonymous posts as gospel. Who really knows if such and such anonymous poster really is who they say they are or really experienced such and such. Myself, I prefer primary sources such as the legal docs or inspection reports. At least they are somewhat unbiased. Given that, even legal docs are just opinions of both sides. Unfortunately, BOTH SIDES agreed to settle the major lawsuit in lieu of trial. The inspection reports are more accurate, but they seem to just reference paperwork errors. Out of the dozens of staffers at the school, attacks seem to be focused on just a few. All of them don't work there anymore, anyways.
For what it's worth, I will state that right now you can walk down the halls and everything is stapled or taped to the walls. Just typical "rah rah" type academic stuff you see in any school. I haven't seen a tack or razor blade anywhere. I also know that the current student/staff ratio is about 1:1. I've only seen one fight and it was broken up by counselors almost immediately when it started. For their own safety, the kids are watched almost constantly from the time they wake up til they go to bed. This type of school requires it. Maybe a past instructor/counselor or two had some issues, but I dare you to find anyone working there today "in the trenches" who doesn't desire nothing but the best for each and every child. just my .02.
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And what are your 'qualifications' to help addicts, cutters, pedophiles,bulimics,anorexics,psychopaths,sociopaths,rape victims,incest vicitms ,suicidal children,
ADHD children, ODD children, court ordered children, etc. That was HLA when my child was there, including one narcissist and numerous sycophants. Did you get your degree on-line like Chris Grimwood? HLA had no business taking children that were in need of very special care, when HLA could not provide the appropriate help with seasoned, licensed providers. Hell two M.D.'s didn't even hold an MD for Gods sake. Buccellato was forced to get rid of one fake MD knowing he wasn't even an MD and then used "Clay Erickson M.D." for marketing purposes, knowing full well Clay was stripped of his MD. The State of Georgia came in and forced Buccellato to remove the MD after Mr. Ericksons name.
Again, there are 2900 pages of ORS documents with regard to their investigation of HLA in 2006 that forced licensing.
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Please re-read my last two lines of my previous post. Sorry for your grief. Don't know much about 2006, only today. Currently, I don't think there are any complaints about the qualifications of current staff or state/Fed. demands for any additional HLA licensure or certifications.
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Bankruptcy forces the owners to take a realistic look at what it is that got them to that point and gives them a chance to change things, make adjustments so that they don’t repeat their past mistakes. It also gives them a clean slate to redefine the school and the direction they would like to take it in, reorganize staff and philosophies. HLA, like most places that emerge successfully from bankruptcy, will become better and stronger because of it.
I think what we are starting to see is a clash in the experiences of the old HLA vs the new HLA. It is interesting to watch this transition.
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For what it's worth, I will state that right now you can walk down the halls and everything is stapled or taped to the walls. Just typical "rah rah" type academic stuff you see in any school. I haven't seen a tack or razor blade anywhere. I also know that the current student/staff ratio is about 1:1. I've only seen one fight and it was broken up by counselors almost immediately when it started. For their own safety, the kids are watched almost constantly from the time they wake up til they go to bed. This type of school requires it. Maybe a past instructor/counselor or two had some issues, but I dare you to find anyone working there today "in the trenches" who doesn't desire nothing but the best for each and every child. just my .02.
did you walk through the dorms and see the personalized bulliten boards that every student has next to their bed? thumbtacks. and of course you never saw any razor blades. as soon as one is visible it gets stolen and stashed by a student.
anything you see during a tour is a facade. they clean up the school for a day or two and only bring you to see the "safe" areas and the "good" kids, and do everything they can to get your money. did you not have a single independant thought going through your head while you were there? were you just allowing the HLA salesmen to freely inject thoughts into your head?
did you ever consider how the school was built and maintained since the inception? child labor. Lower left was once forest. until the kids were given saws and axes and told "CHOP! and dont let the splinters hit you in the nuts!". all those nice pathways, including the one around the lake? kids. the gravel road to ridge creek? kids. the added 300sqft of dirt on the lakeside of lower left (the creek diversion)? kids. rock walls? kids. 90% of the landscaping and maintenance is done by the kids.
fights dont always get broken up. there is a nighttime fight-club that has been running for the last decade or so at HLA. It happens at night in the dorms, students wait till nightstaff is asleep then a few people sneak into one room and they have a fight tournament. older students initiate the newer students who in turn initiate others as they come to the school. the school has tried to break it up on numerous occasions but there's nothing they could do to permanently get rid of it. it's part of HLA's legacy. Also, some of the time staff allow the students to fight it out before they separate them if a fight happens during the day. fights are not the problem at HLA.
Instructor or two? more like everyone who worked there EXCEPT an instructor or two were on power trips.
why do we remain anonymous? because we have already suffered enough abuse and dont feel like further defending our own integrity beyond our graduation/pull date from HLA. we dont want to hire lawyers to defend us. we dont want harrasing phone calls. we dont want hired thugs showing up at our house. what we know and describe in our posts can be corroborated by anyone who has spent any time at hidden lake.
do you see people spending so much time trying to bring down other schools? NO. why do you think? because they are innocent. we are here, fornits is here because HLA is not innocent. the tens of thousands of posts on this site dont exist just because of a few disgruntled employees and angry students. do you really think we would go through so many years of effort just because of a grudge? you have to be insane to think that.
You have some serious intellectual deficiencies. please go see your local logic professor so he may whip you with his cane and maybe pass along a few IQ points through osmosis during the impact.
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Last two posts: TheWho returns?
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Bankruptcy forces the owners to take a realistic look at what it is that got them to that point and gives them a chance to change things, make adjustments so that they don’t repeat their past mistakes. It also gives them a clean slate to redefine the school and the direction they would like to take it in, reorganize staff and philosophies. HLA, like most places that emerge successfully from bankruptcy, will become better and stronger because of it.
I think what we are starting to see is a clash in the experiences of the old HLA vs the new HLA. It is interesting to watch this transition.
When one has a crook minding the store, there is no 'old' vs. 'new'. Two reasons this clown still has his Psychology license is because the psychiatrists that were affiliated with HLA did not have the moxie to turn Buccellato in and the Class case did not go to trial. Remember.."a leopard cannot change his spots".
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I think what we are starting to see is a clash in the experiences of the old HLA vs the new HLA. It is interesting to watch this transition.
every year HLA claims to be done with the "old" HLA and in with the "NEW" hla. how many headmasters has the school had since the beginning? how many counselors? do you remember the turnover rate? how much has changed in the day-to-day operations at the school, and how much has REALLY changed? it's gotten less worse, but not any better. it's like if stalin tried to claim a good human rights record based on installing a few jacuzzis at a few gulags. a gulag is a gulag, jacuzzi or not.
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it's like if stalin tried to claim a good human rights record based on installing a few jacuzzis at a few gulags. a gulag is a gulag, jacuzzi or not.
ya, ve zend zees poliker criminalz to zee tundrra, dey vork, dey die, but ve have jacuzzis for zem! dey be cold vhen vork, den dey be varm in jacuzzi after! look! nyet vrostbite! goood ethic! DA!?
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Please re-read my last two lines of my previous post. Sorry for your grief. Don't know much about 2006, only today. Currently, I don't think there are any complaints about the qualifications of current staff or state/Fed. demands for any additional HLA licensure or certifications.
Current staff? That's because they no longer list the staff on the website, for just that reason. They don't want anyone checking up on their qualifications, or lack thereof.
As to their current license status, who knows what it is? HLA has an established record of not caring about proper licensure. The last report made available states that a corrective plan of action is due by 01/24/09 or HLA will no longer licensed. Whatever happened with that?
As for 1 or 2 bad staff members in the past. Please, enlighten us as to who these two rotton apples were. What steps were taken to remove these two, and what damage did they inflict? Are you certain there were no other bad or abusive staff members in the past fifteen years?
I'll agree with you on the staff to student ration probably being 1:1. That's of course because their referal network was decimated. :seg:
You also mentioned a "new" HLA. How new can it be when the same people are at the helm?