Member Info for Looed

Just to clarify about the "holidaying" - this is requested by the lawyers who have advised the court which dates between June - Sept they will not be available. YA argue that the lawyers advised the court too late so we need to see how the judge decides. Right now the case has two hearing dates on the docket - July and August so I expect the court will need to decide soon on the actual date.

Previously on YA II v FRC – YA II petition the court for a “Turnover Order” and a motion for contempt and sanctions.

In today’s episode – FRC file a 7-page response that comes down to –

“1. Plaintiff’s request that it be granted a post-judgment turnover order against Frontera should be denied as no judgment in favor of Plaintiff as against Frontera exists. Relief As To Request For Entry of Order of Contempt and Sanctions — It Should Be Denied

2. Plaintiff’s request is based upon an order compelling post-judgment discovery issued in aid of collection of an alleged judgment. The requested relief should be denied.

3. The order granting a motion to compel post-judgment discovery is void or voidable because no judgment in favor of Plaintiff as against Frontera exists. If no judgment exists there can be no post-judgment discovery.”

And

“26. Plaintiff’s bizarre claim that it automatically — without a trial — without the entry of a signed judgment — without compliance with Texas statutory law — is entitled to the issuance of a turnover order when no judgment exists — is without legal basis. Respectfully, the issuance of a post-judgment turnover order without the existence of a judgment would be without legal support and would constitute an abuse of discretion.

27. Frontera has filed a general denial and a plea for non-recognition of the alleged foreign nation judgment. Frontera has also filed a request for a jury trial in order to have the opportunity to defend and to obtain the full, complete and entire hearing to which it is entitled by statute and due process."

Coming soon on YA II v FRC – FRC already have a hearing date on the Turnover Order set for 14th August. Will the court accept YA II claims of fake vacation letters and shenanigans and grant the YA II request to move the August 14th hearing up to July?

As YA put it –

“In response to the filing of the Turnover Application, Judgment Debtor hijacked the Turnover Application by unilaterally setting it for hearing on August 14, 2023, under the guise that Judgment Debtor’s counsel had a Vacation Letter on file – which he did not until yesterday (i.e., after the deadline for filing same had passed pursuant to Harris County Local Rule 11.2). Accordingly, Judgment Creditor files this Motion seeking an earlier hearing date to thwart Judgment Debtor’s continued dilatory tactics.”

To be continued…

ODR1 - I don't think there is a direct link between this case and the Hope cases, though news of a settlement with Hope might have pushed them to take this latest action.

They have been trying for years to get this cash so it could just be coincidence that they try something new at this time.

YA II have applied for a Turnover Order (basically, send in the bailiffs) and Motion for Contempt.

Regarding the Turnover Order the filing states that -

“13. The Court has the authority to order the Judgment Debtor to turn over any and all property not found to be exempt including but not limited to shares of stock in their name, cash, deposit accounts into which the Judgment Debtor has deposited funds, all inchoate and choate causes of action, all dividends and interest earned from stock, bonds, certificates of deposit, all accounts or fees receivable, all cash income of a going business, interests in joint ventures or partnerships, right to payments of commissions from a future event, royalties from copyrights and patents, royalties from oil and gas ventures whether in the jurisdiction of the court and whether present or future, all property of the debtors (whether real or personal property), all liens to secure performance, inheritances, income tax refunds in the debtors name or to the debtors account whether in trust or by direct deposit and all causes of action whether asserted or non-asserted, and whether inchoate or matured. “

Regarding the Motion for Contempt –

“14. As set forth above, Judgment Debtor refuses to satisfy the judgment or comply with this Court’s order compelling Judgment Debtor to respond to discovery. Accordingly, Judgment Creditor moves this Court to find Judgment Debtor in contempt of this Court’s order. Moreover, Judgment Creditor moves this Court for a ruling that Judgment Debtor’s actions are sanctionable and Judgment Creditor is entitled to recover its attorney’s fees for preparing and urging this Application and in enforcing post-judgment discovery, along with the steps preliminary to same, all as authorized by the Texas Turnover Statute.”

In response, the company have filed that “A hearing on Application for Turnover After Judgment and Motion for Contempt and Sanctions is set for hearing on August 14, 2023 at 3:00 p.m.” and in a separate motion they have requested a jury trial

An explanation of what a turnover order is can be found on this page - https://kretzerfirm.com/what-is-receivership-texas-court/

Turbovb2 - no updates in any of the cases s of today

WHamBoy – I don’t know about any other groups but I recall that someone recently posted that the FB group is mostly re-posts from here, so I do think this BB likely remains the best place for info exchanges.

There must be many groups of people – PI’s, financial institutions, various state agencies, staff / ex-staff etc. all waiting for FRC to finally show their hand, so it’s not just us sitting on the sidelines hoping to finally get some substantive news.

WhamBoy – don’t get spooked by the relative silence – with ZM out the way and the front-line Hope cases settled, the “big reveal” as you put it has never been closer. The flipside is the information flow is now greatly reduced.

I cannot give you a time-lime. If I knew it I wouldn’t share it on a public BB less others try to do damage.

But you can look to happenings in other areas and see if things fit.

You could call this more of a non-happening, but there are no filings in the FIC v SN case. The last action date was 12/05 and we are now outside the typical window for filings to be uploaded. It could just be an admin delay, but it is unusual given we typically get to see filings about 24-48 hours after the due date.

FIC v SN is a Hope-related case, but it is for the liquidators to file and ultimately, decide how they proceed with this case. If Hope has withdrawn financial / other types of support then the liquidators might decide there is little point in proceeding. In many states the non-filing of Joinders is a cause for dismissal but not in Texas. So I presume someone will have to file something regarding the status of the case at some point.

Remember the company said that they need to close out the Hope related cases in order to move forward, I think they used the word “methodical”. These cases also depend on court procedure and schedule. The ZM case took 6 months to officially close (due to appeals and intra-court procedures) but we have already seen the Federal cases can close very quickly, in a matter of days. We need the same type of response time in the outstanding cases.

Today, the GOGC announced a deal with a German bank on a green energy project. I can see the GOGC have a productive relationship with Block both directly and via the partnership with GO&G. There is a lot of chatter now about Georgia becoming more active in its energy security and independence. The last we heard they were very clear on FRC – come to the table, meet our requirements ($$$) and let’s make a deal or the GOGC will go it alone. Nothing so far to say that talks with FRC have failed to conclude and they are now going it alone despite their relatively aggressive push with other markets and investors.

But the GOGC must give up at some point, especially if Georgia becomes more attractive to investors. ZM’s non-compete expires in 2024, though hopefully he will be celebrating that event behind bars.

Sorry I cannot give you a definite - how you feel if I said "next week" and that comes and goes without event? It is as reliant on the company / GOGC as it is on the courts right now, and not all those factors can be 100% controlled.

Artem Sanishvili left Frontera in 2012 - a good example that you should always cross-check anything on LinkedIn in case the page is out of date as many of them often are.

As you might recall, there was a filing date of 12/05 in this case

Nothing has been uploaded for public access thus far. If anything has been filed, it can take a few days to be made available.

We are, or have been, heavily reliant on court filings for news and updates and some of those cases have now closed out. So, in the absence of news from other sources, we are waiting for movement in the remaining cases.

If you are not already on the FSHG database then you cannot be added now. The original contact list is intact but the email address is not monitored at this time.

Bezzy - well they did come together in two of the Federal cases, so lets see how that 'joining' ripples down to this case.

When searching these legal terms I suggest searching with something like "meaning of XXXX in Texas civil court" to get a more accurate meaning. Sometimes the words / terms can have different meanings state-to-state.

Last para = "get to say" should read "get to see"

This is a Hope-related case. We do not yet know if this case has been dealt with as part of the wider settlement with Hope.

The next milestone in this case is “12/05 – Joinder”, by which time FIC must have added and served all parties and provided them with a copy of Scheduling and Docket Control Order which the court issued back in February.

Presumably they need to update the court on steps taken and we should get to say what gets filed a few days after the deadline.

MadP - I don't think that will work for everyone. I got 3 pages of sites related to something called "FRR Free Range Routing" before the lse page showed up.

FSHG will get a quick message to the membership, probably tomorrow, to let them know how to reconnect.

Kenco - that made me smile!

Hopefully most folks will figure out to check their browsing history for the FRR page or google "lse FRR chat" which is what I did.

Thanks cymro1864,

Merab Ghilava is ZM's long time lawyer and ZM / TN / TG have been making court appearances since 2021. They started at the City Court level and with this case are now at the Appeal Court level. There doesn't seem to be too much info on who TN / TG might be. It is possible this is not FRC related as ZM does have other legal woes.

Another step forward in the YA II case (enforcement of a foreign judgement, about $2.5m). YA II have appointed their Lead Counsel who presumably will now try to add structure and some scheduling to the case. Despite the many motions filed by YA II, FRC have only entered a General Denial.

This is the second time YA have tried to enforce the judgement via the Texas court.

Zeron100 - thanks for the clarification, your memory is better than mine!

MadP - noted, thanks.