Attached is the US Trustee’s Response to the Debtor (NMIRF) Omnibus Response to the Motions to Dismiss the Bankruptcy Case.
Highlights:
- The Debtor’s Objection overlooks the Pangelinan v. NMIRF decision by the CNMI Supreme Court. Pangelinan held that the Debtor was a “governmental entity” which was entitled to sovereign immunity. As only the sovereign can claim sovereign immunity, Pangelinan puts to rest the issue of whether the Debtor is a “governmental unit” entitled to file for Chapter 11
- The Debtor also claims the CNMI lacks sufficient control over the Debtor and suggests that a statutory reference to “autonomous” precludes the Debtor from fitting with in the description of a “governmental unit.” This argument ignores the remaining extensive, overall regulatory scheme in which the government expressly controls the formation and operation of the Debtor.
- Finally, the Debtor touts the “Alternate Relief Test” as allowing Chapter 11 relief based on “pragmatic considerations.” Yet the 1989 bankruptcy court decision relied upon by the Debtor was soundly rejected in the same case by the district court.
NMIRF UST Response to Debtor Omnibus Response to Motions to Dismiss.PDF
I just read Mr Ching’s document. I am impressed. Mr Ching is one smart fellow. Suspect he read his law books and knows exactly what he is saying.
You all must admit that Mr Ching makes our Government spokesmen sound like idiots? Do you think NMI Government will pay a lot of money to attorney to translate what Mr Ching has stated? They can pay me, I read it, and I know exactly what he said.
I sort of look forward to what exactly an equally well versed and intelligent Federal Judge will decide is a fair solution to NMI’s criminal application of Government and its vain attempts to avoid ultimate justice for its crimes.
Wasn’t it our Lt Govenor that used to manage CUC? Where is that guy now?
Who is running the RF? Where should he be now? Who was running the hospital?
Who appoints these over competent specialists? Where should he be now?
McMahon