It likely did not come as a surprise to many that Mr. Rudolph’s Giuliani’s bankruptcy was dismissed. “Judge ends Rudy Giuliani bankruptcy case, says he flouted the process with his lack of transparency,” Associated Press, 7/12/2024
Although bankruptcy is sometimes disparagingly referred to as a “paper practice,” it is a solemn, Federal proceeding, in which the debtor must submit documents under penalty of perjury, and otherwise cooperate with the court. Office of United States Trustee, “Bankruptcy Information Sheet.”
Mr. Giuliani’s bankruptcy began with the stipulation that the debt that he occurred to the two Georgia election workers was the result of malice and fraud. The Court had made that explicit finding in the defamation proceedings against Mr. . Giuliani, which meant that that particular debt could not be discharged (canceled) in bankruptcy. Case No. Civil Action No. 21-3354 (BAH) Opinion of Howell, J; 11 USC Section 523(a)(2)(C)(6) (the Bankruptcy Code)
Consequently, if Mr. . Giuliani’s intent was to file bankruptcy to avoid the debt to Ms. Moss and Ms. Freeman, Giuliani knew or should have known from the very beginning that that was not going to work. All bankruptcy could do was attempt to come up with a payment schedule, such that he could begin to satisfy the debts in an orderly fashion.
But by flouting the Court’s rules, by being difficult to deal with, and apparently acting to hide assets, Mr. Giuliani gave the court a free pass to simply throw the case out. Mr. Giuliani even came out recently and admitted that he had lied about Ms. Freeman and Ms. Moss, and appeared happy to have done so. “Giuliani has ‘no regrets’ about defaming 2020 election workers,” CNN, July 16, 2024.
The bankruptcy court requires truthful submission of documents, and is not going to tolerate repeated refusal to follow rules, dishonest filings, and an otherwise obstreperous and defiant attitude. The debtor who chooses not to cooperate, or who fails to submit honest documents, risks the very fate that Mr. Giuliani incurred, which was the dismissal of his case, as well as possible prosecution.
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Rudolph’s Giuliani’s Bankruptcy Dismissed
