
03-09-2006, 10:17 PM
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Junior Member
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Join Date: Mar 2006
Location: Dallas, TX
Posts: 1
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Bankruptcy as a defense for TRO?
In July of 2005 I was wrongfully terminated from a company that I helped start. I say wrongfully as I have not yet been told the reason of my termination. At the time of my termination, I was President of the Company, reported to the CEO, and had not one negative mark in my personnel file. 3 months post termination I had not been paid my severence package and was told I was terminated for cause, yet no "cause" was given. I had been at this company for 3 years however had not signed an employment contract or any kind of NDA /Non-compete until May of 2005. 5% of the company's restricted stock were granted to me if certain performance benchmarks were met and assured by a promissory note. 9 Months of salary was included in the employment contract as severance.
After 3 months of non-payment of severance I sought an attorney who recommended that I start my own company, actively violate the non-compete which he declared invalid due to their "dirty hands" and lack of adequate consideration for the non-compete. Unfortunately for me my ex-company discovered my new company, filed for temporary injunctive relief, and won at the initial hearing due to a complete lack of preparation by my attorney. I have since fired him but have as of today failed to obtain replacement counsel. My former company has every intention of destroying me professionally, financially, and personally. Since they were victorious at the TRO hearing they subsequently have filed Contempt of Court charges in that I was violating the non-compete during the time between my company fomation and the TRO hearing.
I have no representation, little money, and have been advised that a filing of personal bankruptcy would halt the contempt proceedings and possibly halt the permanent injunction hearing in June of this year. My non-compete runs out July 15, 2006. Firstly is the above an accurate representation of the results of filing bankruptcy in a Temp Injunction case? Second, can I appeal, file a crossclaim for the breach of contract in not paying my severance, file a defamation per se claim (documented by a 3rd party) without an attorney? Finally the original Judge who heard the emergency TRO and signed it was my divorce attorney 8 years ago. On the date of the TI hearing she recused herself from the case, yet the opposing counsel continues to send and she signs all orders and pleadings. Is this not grounds for some type of motion to quash, or whatever? Please help. My contempt hearing is next Wednesday.
Thanks,
HatchMan
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