Case:15-10876-EEB Doc#:8 Filed:02/03/15

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UNITED STATES BANKRUPTCY COURT

FOR THE DISTRICT OF COLORADO
In re
JOHN P. GIDUCK,
Debtor.

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Case No. 15-10876-HRT

Chapter 7

MOTION FOR EXAMINATION PURSUANT TO FED.R.BANKR.P. 2004

JOE NIBLETT, MITCHELL ISAAC LAKE, JAY HARRISON, PHILIP D. MARTIN,

TRACY-PAUL WARRINGTON, and PATRICK MCALEER (collectively Creditors), through
their undersigned counsel, respectfully move this Court for an Order authorizing the Creditors to
take the examination of the Debtor John P. Giduck and Mr. Giducks closely held entity, Archangel
Group, Ltd., pursuant to Fed.R.Bankr. P. 2004, and states as follows:
1.

John P. Giduck (Debtor) filed for relief under Chapter 7 of Title 11 of the United
States Code (Bankruptcy Code on January 30, 2015 (the Petition Date).

2.

Joli A. Lofstedt is the duly appointed Chapter 7 Trustee (the Trustee) for the
Debtors bankruptcy estate.

3.

This case is related to a bankruptcy case filed by Shari A. Nicoletti-Giduck, Case No.
14-26566-EEB.

4.

Joe Niblett, Mitchell Isaac Lake, Jay Harrison, Philip D. Martin, Tracy-Paul
Warrington, and Patrick McAleer are creditors of the Debtor. The Debtor scheduled
these creditors on Schedule F in connection with her bankruptcy filing. See Docket
No. 1.

5.

Creditors Harrison, Lake and McAleer are creditors of the Debtor by virtue of,
among other things, an award of attorneys fees in connection with a civil action in
the District Court, Park County, Colorado case entitled John Giduck, et al. v.
Socnet.com, et al, Case No. 12CV128 (the Socnet Case).

6.

Creditors Martin, Niblett and Warrington are also entitled to an award of their
attorneys fees in the Socnet Case as a result of various orders in connection with the
appeal of the Socnet Case.

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7.

The Creditors desire to examine the Debtor pursuant to Fed.R.Bankr.P. 2004 in

furtherance of their investigation of the Debtors assets and liabilities, potential
discrepancies in the Debtors bankruptcy Schedules and Statement of Financial
Affairs, and the sources of the Debtors pre-petition income, the Debtors assets,
including any and all transfers of assets pre-petition.

8.

Upon information and belief, Archangel Group, Ltd., may have knowledge and
information as to the Debtors financial affairs, assets and liabilities, or knowledge
and information which may affect the administration of the Debtors estate, or to the
Debtors right to a discharge. To the extent that the Debtor transferred money or
property to Archangel Group, Ltd., and/or paid the debts of Archangel Group, Ltd.,
such information relates to the administration of this bankruptcy case. As such, the
Creditors also seek to examine Archangel Group, Ltd., pursuant to Fed.R.Bankr.P.
2004.

9.

In conjunction with the examinations, the Creditors may compel the production of
certain records which the Creditors believe are in the possession of the Debtor, and
Archangel Group, Ltd., pursuant to Fed.R.Bankr.P. 9016. The documents requested
are more fully set forth in Exhibit 1 attached hereto.

10.

Such production will be made not less than fourteen (14) days following the date of
the Order, at the offices of Buechler Law Office, L.L.C., located at 1621 18th Street,
Suite 260, Denver, Colorado 80202.

11.

The Creditors request that this Court authorize the examination of the Debtor to be
scheduled at a date not earlier than fourteen (14) days after service of the subpoena
or notice of deposition pursuant to Fed.R.Bankr.P. 2004 because such matters affect
the administration of this bankruptcy estate. In re Buick, 174 B.R. 299, 206
(Bankr.D.Colo. 1994); In re Blinder, Robinson & Co., Inc., 127 B.R. 267 (D.Colo.
1991).

WHEREFORE, Joe Niblett, Mitchell Isaac Lake, Jay Harrison, Philip D. Martin, Tracy-Paul
Warrington, and Patrick McAleer respectfully request that this Court enter an Order authorizing the

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examination of the Debtor, John P. Giduck, and Archangel Group, Ltd., and, for such other and
further relief as this Court deems appropriate.
DATED this 3rd day of February, 2015.

Respectfully submitted,
BUECHLER LAW OFFICE, L.L.C.
/s/ Kenneth J. Buechler
___________________________
Kenneth J. Buechler, #30906
1621 18th Street, Suite 260
Denver, Colorado 80202
Tel: 720-381-0045
Fax: 720-381-0382
ken@kjblawoffice.com

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EXHIBIT 1
Produce the following documents:
1.

All records for all of your accounts, including, but not limited to, bank accounts, checking
accounts, payroll accounts, savings accounts, money market accounts, certificates of deposit,
lines of credit, brokerage accounts, money market funds, trading accounts, etc., held in your
name and/or for which you had or have signatory authority, including, but not limited to,
bank statements, check ledgers, cancelled checks, deposit slips, and wire transfer records for
the four (4) years preceding and up to and including January 30, 2015 (the Petition Date).

2.

All Federal and State income tax returns, including all schedules, tax worksheets, W-2s,
1099 statements, K-1s, and other attachments for the years 2011, 2012, 2013 and 2014.

3.

All loan applications, credit applications, financial statements, credit reports, balance sheets,
profit and loss statements, containing any financial information for you for the four (4) years
preceding and up to and including the Petition Date.

4.

All documents relating to any credit card issued to you within the two (2) years prior to the
Petition Date, including, but not limited to, all credit card statements, account numbers,
transaction histories, payment histories, credit applications, etc.

5.

All documents relating to any transfer of any interest held by you in any real property and/or
personal property within the four (4) years preceding and up to and including the Petition
Date, including, but not limited to, contracts to buy/sell real estate, settlement statements,
deeds of transfer, title policies, appraisals, etc.

6.

All documents reflecting contributions made to or withdrawals taken from any retirement
account, IRA, 401(k) or pension and profit sharing plan, within the four (4) years preceding
and up to and including the Petition Date, including, but not limited to, any loans from such
retirement account, IRA, 401(k) or pension and profit sharing plan.

7.

All documents of title for any and all motor vehicles or other vehicles, as well as documents
relating to any and all such vehicles (including automobiles, campers, trailers, boats, ATVs,
etc.) owned, leased and/or driven/operated by you, for your benefit or in your possession,
including, but not limited to, Certificates of Title, registration, loan documents, purchase
documents, insurance cards, etc.

8.

All documents which reflect that you have insured your personal property, including, but not
limited to, any insurance policy, insurance rider or policy endorsement.

9.

All documents evidencing any payment to a creditor within the 90 days prior to the Petition
Date, including, but not limited to, all payments described in Question 3(a) of the Statement
of Financial Affairs.

10.

All documents evidence any payment to an insider within the one year prior to the Petition

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Date, including, but not limited to, transfer of any money or property, deposits into accounts,
delivery of goods or services, etc.
11.

All documents evidence any deduction and/or expense described in Schedules I and J of your
bankruptcy filing, including, but not limited to, mortgage statements, transportation
expenses, entertainment and charitable contributions, etc.

12.

All documents relating to any and all works of art, paintings, antiques, firearms, collectibles,
sculptures, or furniture owned by you, held for your benefit, or in your possession, including,
but not limited to, receipts from purchase, sale, bills of sale, titles and appraisals.

13.

All documents relating to any and all furs, jewelry and watches owned by you, held for your
benefit or in your possession or controlled by you, including, but not limited to, receipts
from purchase, sale, bills of sale, titles and appraisals.

Case:15-10876-EEB Doc#:8-2 Filed:02/03/15

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UNITED STATES BANKRUPTCY COURT

FOR THE DISTRICT OF COLORADO
In re
JOHN P. GIDUCK,
Debtor.

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Case No. 15-10876-HRT

Chapter 7

ORDER GRANTING MOTION FOR EXAMINATION PURSUANT TO

FED.R.BANKR.P. 2004

THIS MATTER having come before the Court on Creditors Joe Nibletts, Mitchell Isaac
Lakes, Jay Harrisons, Philip D. Martins, Tracy-Paul Warringtons, and Patrick McAleers Motion
for an Order Authorizing the Examination of the Debtor, John P. Giduck and Archangel Group, Ltd.,
pursuant to Fed.R.Bankr.P. 2004, the Court being advised in the premises and finding the Motion
to be supported by just cause
HEREBY ORDERS that the Motion is GRANTED. The Creditors are authorized to
examine John Giduck and Archangel Group, Ltd., pursuant to Fed. R. Bankr.P. 2004 and L.B.R.
2004-1, no earlier than fourteen (14) days following service of the Order. The Creditors may
compel the production of certain records which it believes are in the Debtors and Archangel Group,
Ltd.s possession, pursuant to Fed.R.Bankr.P. 9016.
DATED this

day of _______________, 2015.

BY THE COURT:

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U.S. Bankruptcy Court Judge