The Wardman Wire

Dave Walker Cartoons and Reporting

[caption id="attachment_1070" align="alignright" width="120" caption="Stand Up SPCK Up"][/caption]

Randy W Williams, the Trustee in Bankruptcy for the Application for the Bankruptcy of the Society of Saint Stephen the Great by J. Mark Brewer and Brewer and Pritchard PC, filed a motion requesting sanctions against J Mark Brewer and Brewer and Pritchard PC on September 4th 2008, following on from the dismissal with prejudice of the application.

The motion accuses Mark Brewer and the Brewer and Pritchard law firm of bad faith, non disclosure of information, conflicts of interest, perpetrating a “fraud on the court”, violation of disciplinary rules and possibly US Law, suggests financial sanctions, and asks that Mr J Mark Brewer be sent back to Law School for Training in Legal Ethics.

In other words, the kitchen sink.

This may be the biggest development since it all started - the dam *may* be about to start to break. Hang on to your hat.

Fairly brief this week, but with a couple of important reports.

Press: SSG Bankruptcy Application was in Bad Faith

A report from The Bookseller states that the application for Bankruptcy in the Southern Division of the Texas Court in Houston. They have been in contact with Randy Williams, the Trustee in Bankruptcy :

“The Chapter 7 bankruptcy filed by Christian bookseller St Stephen the Great was dismissed because the case was filed “in bad faith”, according to a court official.

Courtroom minutes show that the case was dismissed “with prejudice” during a hearing at Houston Bankruptcy Court last Thursday.

The ruling has a number of restrictions on it, including a set period when Mark and Phil Brewer, who run the chain, cannot submit another bankruptcy filing in the US. Randy W Williams, trustee for the Chapter 7 case, told The Bookseller that “the motion to dismiss was granted with prejud-ice and the judge found that the filing of the case was in bad faith”.

“Bad faith means in this case that it was done for a wrong or improper purpose,” he said.
In June, Williams filed a motion to dismiss it, claiming “on its face, there is nothing to liquidate and nothing available to fund an in-vestigation in the UK”.

The brothers told suppliers in June that SSG had filed for protection from creditors under Chapter 11 of the US Bankruptcy Code. The court later converted this to Chapter 7, leaving the retailer in liquidation.

Mark Brewer told The Bookseller last week that he did not have enough money to file for bankruptcy in the United Kingdom.

He was unavailable for comment this week.”

This is one step further than I reported last week, when it was only clear that the application had been “dismissed with prejudice” .

As I documented last week, this has a lot of implications.

This post is a straightforward list of blogs and websites posting about the saga surrounding the (mis) management of the SPCK bookshop chain by J mark and Philip Brewer, and all the

The focus is moving from the threats made against cartoonist Dave Walker by Mark Brewer to force him to take down his reporting, to keeping strong scrutiny focussed on the original SPCK issue.

This list is primarily about the SPCK/SSG “affair”.

If you would like to be added to it, please email me at mattwardman at gmail dot com using the subject line “SPCK/SSG Monitor” with the complete webaddress of the article you have posted, and who you are. Or make a comment here.

If you are able to cut and post the list into a post of your own - just once, we can collectively make sure that the matter gains more visibility. I will maintain an HTML source code file.

Details will be added here, starting soon.

I hear from Phil Groom that the application to make the UK charity Society of Saint Stephen the Great bankrupt at the United States Bankruptcy Court Southern District of Texas in Houston has been Dismissed with Prejudice:

Thanks to Rigorist for this update, posted August 29, 2008 at 12:11 am:

I just checked the US court system’s PACER service this afternoon (it is still afternoon on this side of the Atlantic). The bankrupcty case was dismissed at today’s hearing on the trustee’s motion.

The actual docket entry is as follows:

“Courtroom Minutes. Time Hearing Held: 11:00 am. Appearances: Mark Brewer for debtor; Randy Williams for Trustee. (Related document(s): 24 Chapter 7 Trustee’s Motion to Dismiss Case). Ellen Hickman present. Mr. Williams addressed the Court regarding the motion to dismiss. Arguments were heard by opposing parties. The Court announced its findings and dismissed the case with prejudice. (rsmi) (Entered: 08/28/2008)”

A written order with more explanation may follow, but as of right now, the bankruptcy case is dismissed.

This means that the Society of Saint Stephen the Great, a UK Charity, has been recognised (at this stage, by this Court) as not being able to be liquidated under US Bankruptcy Laws.

The “With Prejudice” dismissal means that the case is dismissed for good reason and the plaintiff is barred from bringing an action on the same claim. I can’t comment on what is possible in other courts, however.

It took a pin, a tiny pin, to prick the bluff and bluster…

(See next article)

A cartoon from Indexed.

It is a little over a month since Cease and Desist notices were sent to a series of bloggers.

I want to look back on what has been achieved - in both concrete terms and “soft” terms.

You can get up to speed by reading my “Introductory Guide“, or the list of people posting in support, or even the Press Room:

Dave Walker is a cartoonist who runs a popular website, which includes the blogs We Blog Cartoons, Cartoon Church and The Cartoon Blog.

On the morning of July 22nd 2008 he received a cease and desist letter threatening legal action unless he removed 75 posts from his Cartoon Church blog by lunchtime - i.e., half a day’s notice.

These 75 posts had reported the developing situation over a 2 year period in a UK book chain called SPCK, which had been taken over by a company run by Mark Brewer. Dave Walker’s was the main published source reporting the situation, asking questions about the management of the chain, and highlighting the treatment of the employees.

So, what has happened?