Linton served with bankruptcy petition

 

A bankruptcy petition has been filed against Linton

Chartered accountant, Kieron Pinard-Byrne, has instructed his attorneys to serve Opposition Leader, Lennox Linton, with a bankruptcy petition in a long-running defamation matter between.

According to the petition, Linton is owing Pinard-Byrne a total of £24,792.12 in outstanding payments in a final judgment made by the Judicial Committee of the Privy Council in the court matter.

The petition stated that on August 30, 2017, Pinard-Byrne demanded that either Linton pay the sum within seven days, excluding the day of service, or have a counter-claim and if he (Linton) did not comply with the requirements of the notice, he would have committed an act of bankruptcy and bankruptcy proceedings may be taken against him.

It went on to say that seven days have passed and Linton neglected to pay the sum or satisfy the court that he has a counterclaim.

The petition said that on September 15, 2017, Linton paid £1,200.00 towards the judgment debt and £24,792.12 with 5 percent interest per annum remains unpaid.

“The Respondent (Linton) is bankrupt and unable to pay his debt,” the petition stated. “In the circumstances, it is just that a receiving order be made in respect to the Respondent estate.”

Dominica News Online understand Linton was served in the matter on Thursday.

The full petition and a filed affidavit by Pinard-Byrne verifying the bankruptcy are below.

Commenting on the matter, Senior Counsel, Tony Astaphan stated that one of the consequences of the matter is that if the court issues an order of bankruptcy against Linton, he has to “vacate the House of Assembly.”

“A person adjudged to be bankrupt, or a lunatic, or sentenced to a particular offense cannot sit in the House,” he told state-owned DBS Radio. “So Mr. Linton is now looking down the barrel of a double-barrel shotgun.”

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112 Comments

  1. Roland Alan Mitchell
    December 19, 2017

    Mr Kieron Pinard-Byrne,

    It is not good form to kick a man when he is down on his knees, as many people are in Dominica after Hurricane Maria. Let bygones be bygones. The only winners here are the solicitors, who will make a killing.
    Dominica is in need of all its citizens both DLP and UDP, to help get the country back on its feet. You are a Chartered Accountant, and not in need of this. Write it off. Mr Linton was already looking stressed before Maria. He will be more so now. This vendetta can kill him, and I am sure that you do not want this on your conscience. It is better if you and I, and all progressive thinking people of Dominica put our minds and energy towards rebuilding Dominica brick by brick.

    It looks as if we will not get nearly enough money to do so from abroad. Let us face the task, and not be distracted by internal wars. Who knows, One day you might be at Princess Margaret Hospital,- sick, and it may be nurse Linton who will save your life. Give it up man!

  2. Francisco Etienne-Dods Telemaque
    December 18, 2017

    “You have repeated that stupid poem since the Privy Court Lond declared its verdict against Lennox. And since you cannot read with comprehension, you have never noticed that we, on DNO comment board have correct that understanding of yours.”(Elizabeth).

    Elizabeth, you talking hogwash, you and all the people who wish to see this case prevail against Lennox, you will hold you yellow bellies and roll on the ground when this case is thrown out of court!

    None of you little weasels talking are lawyers; you don’t have a leg to stand on, I do know  whosoever the lawyer taking this  stupid case to court, that lawyer is making himself/herself a fool!

    If there is a law in Dominica which stated: if I owe someone, and refuse to pay them even if I have the money to pay, they can go to court and have the court declare me bankrupt is ignorant of the law; only in Dominica one expect to hear such nonsense, like in the case Whosoever vs Rejock! Den serve paper pan Rejock! waa de…

  3. Man bite dogs
    December 18, 2017

    It’s time to get that ridiculous ghost out of our life’s.

  4. All Saint!
    December 18, 2017

    The Rt Hon Lennox Linton, Leader of the Opposition UWP and Parl Rep for Marigot and Concord. Every pain you feel Sir as a result of the injustices meted out by this regime and it’s Apologists – one day, just one day time will tell for your perpetuators.

    You’re being victimised… like a SHEEP you’re being led to the slaughter and like a LAMB before its shearer is silence, so you opened not your mouth. In your humiliation justice was denied you. Who can describe your generation of profoundly immoral and wicked Politicians plus their Apologists? For your civil liberties are being taken from a life in Dominica. Your perpetuators will do anything to look like the perfect people…. and destroy anyone who threatens to expose their deceit.

    Sir, I’ll leave you wit this one:
    Truly evil people don’t just hurt others. They take pride in the pain they cause and then try to blame their victim.

    Your sanctuary in life is guaranteed…. they (all of them) must fall one…

  5. Francisco Etienne-Dods Telemaque
    December 17, 2017

    You see you the five people who gave me thumbs down, whereas you do not understand the legalities of receivership! I am reiterating that nobody owed money to can file bankruptcy for the debtor. (in other words the plaintiff and his lawyer, cannot file bankruptcy for Lennox, and that’s what they are trying to do). I told you all that the filing a case against the American Re jock was a waste of time, and made no sense.

    Many of you gave thumbs down, but up to the time they served some dumb papers on Re jock in Florida, the case is dormant  in Dominica.

    So, this case against Lennox is going to be dismissed, for there is no such precedence  set on which this case can be argued, and won! If that case prevails against Lennox, it will become a set precedence, hence that will be taken to CCJ; where if it is not a bias court of law, the plaintiff will be defeated!

    • December 18, 2017

      If you can read (sure you can), read the relevant law. There is no case to be dismissed against Lennox he has already lost. What is at issue here is wether Lennox can pay the required amount, if he can’t the court will declare him bankrupt and what property he has will be seized and sold to pay his debt. This matter has been going on for 15 years the Rijock matter was just started this year so don’t get excited about the Rijock case it’s early days still. What I would suggest is that you make a substantial contribution to the go fund me for Lennox, may I suggest a small donation of 10k.

    • Gary
      December 19, 2017

      Wow, you again displaying your constipated intelligence, I’m referring to the last paragraph of your comment.If you do not understand something why try and display pretend authority and make a fool of yourself.

  6. out of south city
    December 17, 2017

    All I have to say is that whether religion or politics, our people are really captivated. Aren’t all these politicians christians? Then how come no one can get along with each other? Why is it we can’t see how these two institutions have blind-folded us until we are walking with no purpose? Awake out of sleep my people and let these two institutions go! Instead of us moving forward in peace, we have accepted hatred and division to be a part of our lives. If these two institutions were helpful and to our advantage, we would be at peace, and not war.

    This is not a time for division after we have sustained such devastation on the island. We have gone back right to our old habits and have forgotten what occurred on September the 18th, 2017.

    I keep saying that we do not need religion to lead us but that we need to practice spirituality (being at peace with each other and the cosmos).

    PEACE (HOTEP)

    • dee
      December 18, 2017

      That bankruptcy petition does not appear to be solely for compensation , monies owed for defamation , ill directed or malicious comment .
      Senior Council clearly,boldly, without fear of retribution states ”
      ”IF THE COURT ISSUES AN ORDER OF BANKRUPTCY AGAINST LINTON , HE HAS TO VACATE THE HOUSE OF ASSEMBLY”
      isn’t that the ultimate goal ? why oh why is the senior councils main aim that the opposition leader not be permitted in the house of assembly ?
      Now that is a million dollar question that is beyond my comprehension .
      It is sinister that Linton is so feared, There is more to it than meets the eye of the ordinary poor Dominican .
      TONY AND HIS MOTIVES ,not even the humble Skerrit can see where Tony going with that , trust me . Skerrit you think you know Tony , but you don’t, mark my words ,
      WOLVES LOVE WEARING WOOL .

  7. Expat
    December 17, 2017

    I have been waiting patiently to read the views expressed by some individual’s who have been advocating that Linton is the most capable politician in Dominica but I have not been granted this luxury. Some comments indicate that the bankruptcy law in that particular case is idiotic to which I agree but that law should have been revamped long time ago. Now that this law is apparently affecting Linton some of you are now questioning its validity. Linton of all people should have known the laws of Dominica. It is apparent to me that Linton’s present demeanor may indicate that he does not have the will and drive to continue in his present capacity. I think he is being unfair to his supporters who are out here wondering a bout him. He needs to clear the air and tell his supporters that he is o.k if he is o.k.

    • stupes
      December 18, 2017

      I glad.. While allu suffering post maria Linton overseas enjoying electricity and running water.

  8. Francisco Etienne-Dods Telemaque
    December 16, 2017

    In Common law, receivership is a situation in which an institution or enterprise is held by a receiver a person “placed in the custodial responsibility for the property of others, including tangible and intangible assets and rights;” especially in cases where a company cannot meet financial obligations or enters bankruptcy.

    The receivership remedy is an equitable remedy that emerged in the English Chancery courts, where receivers were appointed to protect real property. Receivership are also a remedy of last resort in litigation involving the conduct of executive agencies that fail to comply with constitutional or statutory obligations.

    That law existed in Dominica long after independence!

    The situation here is simply this Lennox Linton is not an Enterprise, or company, neither has he filed bankruptcy, he is not in litigation, and as far as I am concern no longer is Dominica in the jurisdiction of the British Privy Council court any longer so I believe any ruling prior to…

    • Francisco Etienne-Dods Telemaque
      December 17, 2017

      Con:

      The situation here is simply this Lennox Linton is not an Enterprise, or company, neither has he filed bankruptcy, he is not in litigation, and as far as I am concern no longer is Dominica in the jurisdiction of the British Privy Council court any longer so, I believe any ruling prior to Roosevelt removing Dominica, from that is null and void! Lennox is not obligated to their verdict!

  9. Norm
    December 16, 2017

    I am not sure if Astaphans and what his face that sued Linton should be making news when our people are still living in tents. Folks we have more pressing matters to attend to. Pinard congratulations for trying to take down one of us in our country- not yours Sir. What is your next move?

    • indira Ghandi
      December 16, 2017

      I hate to say it but i do not know why Maria did not take this Keron with her when she was leaving Dominica.

    • Paul Rossnof
      December 17, 2017

      If Pinnard had not been a Member of the Skerrit gang h would not even have contemplated to make a move against Linton!! Believe me, I know exactly what I’m talking about. Just one word of warning to Pinnard, Skerrit isn’t gonna stay here forever.

      • UKDominican
        December 17, 2017

        I’m inclined to agree with you. Lennox has no money so what is Kieron Byrne getting out of this? After all, you cannot pluck feathers from a frog. Therefore mr. Byrne may have been provided with an incentive to get Lennox removed from his post as a member of parliament. Would not surprise me if Roosevelt Skerrit is behind this aided and abetted by his factotum Tony Astaphan.

      • December 17, 2017

        @Paul Rossnof December 17, 2017: You said that “Skerrit is not gonna stay here forever”

        If what you have declared is correct, don’t you think that now is the time for Pinnard to settle his situation with Lennox?

        And whilst I am at it, I am saying that it is very foolish for those who are claiming that Hurricane Maria should be a good reason for Pinnard to halt that situation against Lennox; for crying out loud, this war has been going on from years ago.

        How was long ago is it that the Privy Court’s verdict was called against Lennox? Hurricane Maria happened just about 3 months ago; it will take years to rebuild the damage which it caused. Should Mr. Pinnard stop living because of Hurricane Maria?

    • mine
      December 17, 2017

      Norm, those who live in glass houses don’t throw stones, and those of no sins cast the first stone.

      • true
        December 18, 2017

        The verysame people you makes these comments are the same persons who throw stones all the time. Clean your backyard first

    • Expat
      December 17, 2017

      This news has nothing to do with our people living in tents; that is a private matter. Stop this hypocrisy. Had it been Skerrit involved in a similar situation you and others would be singing a different song. Pinard-Byrne is not responsible for hurricane Maria. Linton’s erroneous ways put him in the mess he is in right now. Wake up and smell the coffee.

      • December 17, 2017

        @Expat December 17, 2017

        You have spoken the exact thoughts of my mind; thank you! See my comment to “Paul Rossnof” just once comment above yours.

      • Anonymous
        December 18, 2017

        How vengeful, especially religious people can be Elisabeth! How about not wishing for others what you do not wish for yourself? How about tolerance and turning the other cheek and wishing peace and harmony to all?
        Happy Christmas Elizabeth.

      • December 18, 2017

        @Anonymous December 18, 2017

        All I will say to you is that your comment is very foolish. Are you saying that because I am Christian I should simply stand around and watch mankind do their work of darkness and futility against me? Lennox is not the victim here, as you all are thinking, consider the ugly reputation, which he inflicted on the character of Pinard-Byrne. Did Lennox try to show tolerance, and to make peace with Mr. Byme?

        Lennox is doing the same thing on everyone who, who has no choice but to walk his path. He makes himself an enemy against all; or are you saying that he is not a Christian? I will believe you!

  10. NAT
    December 16, 2017

    They can get rid of Linton, but they cant get rid of the voice of the people. Another leader will arise…..corruption will not go on forever. Tony Astaphans, and the corrupt regime will not prevail. Hurricane Maria wasn’t a good enough lesson to foster care towards each other. Dirty politicians continue with their malicious agenda. No weapons formed against Gods people will prevail. Pinnard must come down.

    • indira Ghandi
      December 16, 2017

      In Jesus name.
      The enemy you see standing before you this day,you shall see them no more.

  11. AA
    December 16, 2017

    With all these Dominicans that are rejoicing there i want to ask all you where did the layou money gone, who pocketed the money, who is fighting for the interest of Dominicans against those bandits who are reaping off the country. Have all you PM ever spoken out against the reap off of the country by these foreigners? You people are a special brand, but time will revel all, whilst there children will be enjoying these monies all you children will be broke and struggling to survive. CONTINUE TO TOLERATE AND SUPPORT THE REAP OFF OF THE COUNTRY.

    • Paul Rossnof
      December 17, 2017

      They don’t care as long as they receive their envelopes…

    • Man bite dogs
      December 18, 2017

      You should have asked that question to workers party Leaders them toe rags were the Government at that time…..

  12. December 16, 2017

    We may be seeing the end of Mr Linton’ political ambitions, a lesson for anyone aspiring to lead, be careful of what you say where, when, and how will come back to hunt the perpetrator. this is truly an embarrassment for the UWP, and for Dominica’ politics going forward.

    • From one Black Power to another
      December 17, 2017

      Ok Bob Black power!

  13. mine
    December 16, 2017

    Put the shoe in the other foot, if it was Pinard owing Linton he would want his payment some of us are too unfair. This is a court decision Maria and politics have nothing to do in payment when defaming people.

  14. December 16, 2017

    Mr Linton be strong and of a good courage God is
    On your side for no weapon that is fashioned against
    Shall prosper AMEN

    • Man bite dogs
      December 16, 2017

      @Black Woman, if God is on that guy side where does that put the rest of us then?

      • Me
        December 17, 2017

        Why, the devil’s of course!

    • indira Ghandi
      December 16, 2017

      The enemies standing before you this day,you shall see them no more.
      be not afraid.
      have faith in God.
      Astaphans and his band of wicked men and women MUST COME DOWN

    • One and only
      December 17, 2017

      What???? No God is not on his side…he screwed up he new the risk no time to pay up or get out.

  15. Mother
    December 16, 2017

    Tony behind this. He is worse than Scrooge, who at least relentedat christmas. Tony and Kieran, I hope you will feel good at midnight mass.

  16. RastarMarn
    December 15, 2017

    What’s more amazing is how DNO is capable of retrieving certain Court Documents and not others,,,

    Marn still waiting to see the court Documents [Complaint] Skerrit and his Fellows filed against that dude up at Florida,,,

    DNO please excuse the ignorance and please do an Editorial piece on that, just for the benefit of these eager recipients of your Stellar reporting,,,

    How is it the Editorial Team and Journalists at DNO are capable of retrieving certain Court filings and not others???

  17. December 15, 2017

    All I can see in Dominica is so much hatred towards each other when comes to politics. I left Dominica over 30 years ago and the only change I see is more political hatred, division and Party loyalty . There comes a time when we have to hold people accountable. What Lennox said I believe allegedly is true but he doesn’t have anything on papers to back it up so that where they get him. At the end of the day , Dominican are the ones who suffer. No hotel no money ? Anyway am hoping one day to see Dominica ?? like the other Caribbean islands ?

    • Channel 1
      December 15, 2017

      @Peaches – It appears that the rule of law these days is no longer about right vs wrong but rather which lawyer can best exploit a technicality or loophole in the law to give their client the advantage.

      But as the saying goes “Truth crushed to earth will rise again”

    • December 17, 2017

      I have to disagree with you Dominicans are not suffering if they were they would do something about it, why is Dominicans afraid to ask Skerrit, Pinnard Byrne, Astaphan where is the millions of dollars who have it or where did it go, we haven got anything to show but instead they all come together to destroy Mr.Linton and get him out of the house, I can’t understand how much wickedness is in Dominica a white man helping the DLP to bring down another Dominican, Right now so many things that have to be done to help bring people together, and we talk about rebuilding we cannot move forward, but again it’s the people in Dominica that have to make the difference and it’s time for the people to make there move stop the nonsense .

  18. Tobby
    December 15, 2017

    When I check dno, I want to read about progress after maria, not pinard Barnes and lennex Linton story. I wouldn’t even publish this type of news on my site after what Dominica has gone through.

  19. Cow bite man
    December 15, 2017

    Too much red cool-aid for too long.

  20. Dominica
    December 15, 2017

    The evil will not cease. No Hurricane, Earthquake or Tsunami will stop evil people. God has protected us from a monstrous storm and we continue to dispense evil on others because we have the power. I pray that God continues to watch over all of us.

    • Gary
      December 19, 2017

      This is not about evil will not cease, it about you choosing conveniently what evil means to you.Evil does not exist by what you think based on your partisan political beliefs. You are the one that need prays so you could understand that evil is not what you conveniently think it is.

  21. Island girl
    December 15, 2017

    Let me put my 2 cents here!!!. I do feel Mr Linton financial pain .especially after Maria
    but on the other hand it was not a political issue why he owes the money.It was a legal
    matter a decision made by the Highest Court. How does Skerrit get blame for that
    Now i would imagine that Mr Byrne should have some mercy and” push back” on the court order
    Considering what we just went through with Maria..I hope Mr Byrne find some human compassion
    and put this at least on hold for a while…

    • December 15, 2017

      @Island girl I hear what u saying, but Linton has not changed after the hurricane. Linton has not missed an opportunity locally or internationally to continue his attacks on Skeritt and his government using the same worn out PROPAGANDA, he is only interested in getting power.

  22. Greene
    December 15, 2017

    While most of you may not be familiar with the Act, I am sure Mr. Linton is very familiar with Dominica’s Bankruptcy Act, Chapter 9:90, particularly Section 23 and all of Part 2 which refers to disqualification from elections and parliament. So I am sure Mr. Linton legal team has a strategy. The Act is available at http://www.dominica.gov.dm/laws/chapters/chap9-90.pdf

  23. Just Blaze
    December 15, 2017

    Lennox and other people in Dominica must learn you cannot just run your mouth and say what you want about people. He has to pay for his loose tongue. When you brokes keep quiet about people business.

    • December 15, 2017

      I think you speaking to your self.You should keep out of Lenox business

    • Francisco Etienne-Dods Telemaque
      December 16, 2017

      Boy, you know Lennox won that case in a Caribbean court of law, the looser took it  to the Privy court in England where a bogus verdict was rendered against Lennox.

      Since then Roosevelt has removed Dominica from the Privy Council  Court of London; hence any verdict rendered in England against any Dominican prior to Roosevelt demitting the court in England should become null, and void!

      If anything I suspect the matter should now be dealt with in the CCJ: I don’t think Lennox is obligated to be burdened with this nonsense!

      In the first place the British Privy Court no longer have  jurisdiction over any legal matter in  Dominica, but whereas Dominica is a fools paradise anything goes! What this guy is doing to Lennox, had it been me he would see me walk the streets of Dominica, and shiver in fear, because I know how to deal with people like that!

      The problem with people like you, is that you like to support corruption, and thievery, and those who speaks out against it you…

      • December 17, 2017

        Since then Roosevelt has removed Dominica from the Privy Council Court of London; hence any verdict rendered in England against any Dominican prior to Roosevelt demitting the court in England should become null, and void! Telemaqe

        You have repeated that stupid poem since the Privy Court Lond declared its verdict against Lennox. And since you cannot read with comprehension, you have never noticed that we, on DNO comment board have correct that understanding of yours.

        PM Skerrit did not take it on his own to remove Dominica from the Privy Court. the case of Lennox was the last case that Privy Court would accept from the Caribbean countries. Now, who is the great fool ? You on your own, or we Dominicans as you continue to suggest. I am sure that the first is the correct answer.

    • Jonathan Y St Jean
      December 16, 2017

      @ Just Blaze,thanks to Lennox speaking up so Dominicans who care about their country and want to prevent the wastage of limited resources found out about the high level of corruption.In presenting the information Lennox said some things which I’m sure he could have presented in a better way,but the appeals court said that KPB wasn’t being clean with the facts.So Blaze,do you prefer that this level of waste not be revealed by Lennox remaining silent,which you are advocating.The majority of Dominians don’t share your point of view.KPB had to resort to ancient law to jet his justice

      • December 18, 2017

        It was the UWP that supervised the wastage of these funds. At the time LL stood by and said nothing, I wonder why?

      • Gary
        December 19, 2017

        Do you know how silly and arrogant you are to suggest, quote “In presenting the information Lennox said some things which I’m sure he could have presented in a better way.”In a court of Law information alone is not evidence the information has to have evidence to support its validity. I would like you to tell me what is it you are sure of that Linton should have said in a better way to prove what he said about Pinard-Byrne. I would also like you to tell me where in the appeals court it was revealed that KPB wasn’t being clean with facts, and what are the facts are you talking about, otherwise you are just conjuring up nonsense.

    • December 17, 2017

      Just Blaze you got your passport to be living in Dominica Linton is a born Dominican and some one had to take up the case as to investigate where all the money gone, so check yourself before you speak or go and learn about what happen and if you know where the money went don’t just sit back and see the people suffering day after day.

  24. Simple Ignoramus
    December 15, 2017

    I am not aware of the details of this long-running feud between Mr. Linton and Mr. Pinard Byrne, but the comment attributed to Senior Counsel Astaphan is beyond ludicrous. He is apparently gleeful that Mr. Linton will have to “vacate the House of Assembly.” Forget about the fact that his credit profile is ruined, he is flat broke, he cannot care for his family, etc., etc., et al.; what is important to Senior Counsel is Mr. Linton’s inability to sit in the (Honorable?) House. And then he cites to some archaic law that apparently equates bankruptcy to lunacy. Really? In this day and age? But I yield to the wisdom of the Senior Counsel. Me, I am just a Simple Ignoramus.

    • December 15, 2017

      All the hardships you mention that can befall Linton is of his own doing, after several courts found him wanting he refused to show humility in some of his utterances he even blamed the courts. And what about the reputation of Pinard Byrne to you I guess that is of little importance.

      • Simple Ignoramus
        December 17, 2017

        Anon, you’ve missed my point. Assuming arguendo that all you have said about Mr. Linton is true and that Mr. Pinard Byrne has a reputation of great importance that needs protection, the fact remains that the comment by Senior Counsel (by definition, an honorary title bestowed upon a barrister not because of special skill or expertise, but because he or she has been a member of the bar for at least 15 years and, upon application, can now sit in the inner bar and wear a silk gown) Astaphan is totally ludicrous. His comment suggests that the intent behind forcing Mr. Linton into involuntary bankruptcy was to expel him from the House of Assembly. Moreover, the learned (?) gentleman equated the common practice of bankruptcy protection with lunacy. Like Senior Counsel, you may be delighted about Mr. Linton’s fate; that’s your right. But let’s be honest: Senior Counsel’s comment was ludicrous and, shall we say, childish?

    • winston warrington
      December 16, 2017

      We accept your status.

      • Me
        December 18, 2017

        Speak for yourself Winston!

  25. jack
    December 15, 2017

    Please note that Dominica is a Democratic country and therefore, you must have an opposition regardless whether or not one likes his opinion or not. the only thing that’s matters is the leaders who has to show the people that he or she is better that the opposition that’s where the competition comes who is the best. However, if the opposition prove to be a full then the leader has nothing to care about. We Dominicans always joined together when disaster struck us, but as soon as the sky is clear we return to our worst behavior. I think its time to but all our differences aside and work together to rebuild the Island which we are so proud of.

  26. Real!!!!
    December 15, 2017

    The Skerrit machinery is in action while the people of Dominica suffer.

    Well folks I have news for this administration because with all of this maneuvering to get Lennox out of parliament . They are only putting the Dominica poor people backs again the wall and when people are ready to retaliate they will not need an opposition to lead them.

    So the opposition is not their problem but the poor suffering people of Dominica.

  27. Francisco Etienne-Dods Telemaque
    December 15, 2017

    “The petition stated that on August 30, 2017, Pinard-Byrne demanded that either Linton pay the sum within seven days, excluding the day of service, or have a counter-claim and if he (Linton) did not comply with the requirements of the notice, he would have committed an act of bankruptcy and bankruptcy proceedings may be taken against him.”

    If there is a law in Dominica permitting such nonsense, Dominica is the only place on earth where a second and third person can declare a person who owes them money bankrupt in a court of law! The way that works in modern countries, is like this: When someone is unable to pay their debt to a debtor; someone they owe.

    The individual at their discretion  goes to court and file bankruptcy. If I owe my mother, she cannot to go to court and declare me bankrupt. Dominica seems to be the only place on earth that happens!

    What a shame, that the rest of the world is observing such nonsense. Maria left the most ignorant people alive, they should…

    • Greene
      December 15, 2017

      I think the creditor can present a bankruptcy petition to the court as per section 5 of Dominica’s Bankruptcy Act, Chapter 9:90

    • December 15, 2017

      It would be wise to inform yourself on matters that you are ignorant about before making statements on those matters.

    • Andy
      December 15, 2017

      Wrong again Francisco, this option exists in other countries. Under 11 U.S.C. 303 a creditor can file a Petition in the United States Bankruptcy Court which can force an individual or entity into bankruptcy as explained below.
      “An involuntary bankruptcy is commenced by the filing of an involuntary petition by a “petitioning” creditor.2 The petition sets forth requirements for the creditor to satisfy and can be filed against an individual or business entity, other than “a farmer, family farmer, or a corporation that is not a moneyed, business, or commercial corporation” and only under Chapters 7 or 11 of the Bankruptcy Code.” When one files for bankruptcy as you suggest, it is called a Voluntary Petition.

      • Me
        December 18, 2017

        Contrary to manyAmericans’ believe, U.S. law is not universally applicable. All independent countries have their own specific legislation.

    • RastarMarn
      December 15, 2017

      Garcon Mista Dem can do what they want now that they don’t have to go to another Tribunal for any superiority at Law,,,

      Remember mista dem just changed the jurisdiction of the CCJ yeh or something like that,,,

      Now it’s that and that’s it, One cannot take their matter to any other superiority at Law according to how Marn Comprehends this new system,,,

      “Marn Stands to be corrected yeh”

    • Positive
      December 15, 2017

      This is common practice. You can be made bankrupt without ever turning up to Court. Follow the link below and read.
      http://financialrights.org.au/wp-content/uploads/2016/02/FRLC-Factsheet-Being-Made-Bankrupt.pdf

      HOW DOES A CREDITOR MAKE SOMEONE BANKRUPT?
      The most common way of making someone bankrupt is as follows:
      1. Serve a Statement of Claim on the debtor
      2. Apply to the court for a default judgment after 28 days (the
      creditor can do this if the debtor has not filed a defence)
      3. Apply for and serve a Bankruptcy Notice on the debtor (which
      must usually be paid within 21 days)
      4. File and serve a Creditor’s Petition on the debtor.

    • indira Ghandi
      December 16, 2017

      Dominica seem to be operating in the reverse.
      As far as i know it is the person who is unable to pay that declares bankruptcy.
      How can the person he owes declare him bankrupt.
      This is pure dung

    • Man bite dogs
      December 17, 2017

      @ Francisco, Your comments above is wrong the British Court in London told Linton to pay Mr. Pinard – Byrne Linton has chosen not to, Now Mr Byrne has no choice but to Served Linton with bankruptcy and this is British law and not US law please do not get the two mixed up. This has been going on far too long.

  28. Dry crix
    December 15, 2017

    All u blind or what? Linton knew he never stood a chance with so many law suits against him., the party and supporters in the diaspora have since tossed him aside for Crispin Gregoire. But Crispin have a big surprise coming…tick tock tick tock

  29. Jonathan Y St Jean
    December 15, 2017

    In the history of slavery and Jim Crow brutality towards blacks in America,it was the Irish who inflicted the the most cruelty.Now what is the nationality of KPB? I’m not surprised that we haven’t seen this level of vindictiveness from anyone else of any other nationality in Dominica. I’m not surprised by KPB’s behavior

    • winston warrington
      December 16, 2017

      What nonsense is this? Pinard Byrne did not write the law. Why not create a fund for LL ? I would gladly contribute. All this old woman babble does not solve his problem. Matter of fact, no one knows his financial condition; all that is known is his unwillingness to pay. And lawyers will get paid.

      • Francisco Etienne-Dods Telemaque
        December 16, 2017

        Winston; is there a law in Dominica which state in any part of the ramifications that if someone owes you money, or you are award a judgment in court that involves money, and if the the defendant fail, or refuse to pay you; you can petition a court to declare the defendant bankrupt?

        If there is such a law in Dominica, that will have to be the first in the history of the ancient, and modern world, because not even in the common era; (CE) such a law existed!

        I am not a lawyer, however, I am familiar with the system of common law, and if such a exist in Dominica, the who abide and allow this stupid law to exists are dumb! A judge cannot even order a business to go into receivership, unless the owner (s) file bankruptcy, and ask for relief and a chance to reconstruct their debts, to their creditors.

        You all are too backwards in Dominica.

      • Me
        December 18, 2017

        Accountants get paid too?

    • indira Ghandi
      December 16, 2017

      Neither am i J.
      what i am surprised about is that the black Dominican will support the white man to destroy his black brother.
      Dominicans should have already run this man out of the country

  30. Belle Beouf por Jeff
    December 15, 2017

    Once upon a time there was a cult made of mostly of” as the saying goes disgruntled former DFPites” whose leader the Medicine man who was a fig specialist and numerous other kinds of ………………………. a bouyon of anti orginal DLPites and those who followed a leader Shrek who was not given a raise.
    They screwed up DA( b4 skrit’s coming) remember there Mining plans? Their slogan was Blow de horn UWP is coming they came & what they came/ended prematurely they suffered from Political PME in marijuana etc.
    They were blown out by the late Rosie( who joint forces with the rest of mamao’s team in 2000 with all their marinated chicken in wait on the port.( what ever became of all that chicken Eddie ,Prevost etc? LMAO for 17 yrs. Then Eddie wanted o replace self with self so he did in LL Julie coco was made and still is. He lost hundreds of thousands of $$$$.Fill in the in betweens readers.
    T

    • Belle Beouf por Jeff
      December 15, 2017

      Then came the crooks lead by the grand crook wizard. LL now OL has been huffing and poofing. ever since.
      Now with all these legal matters hanging over him ej resigning from Pal etc, .Now on the other side Pistash Burns can take his house even his Opposition leader underwears ( lol Tony mention /added lunatic to bankcruptcy LL this is serious bziness being referred to as lunatic in the same category ) Is this the end of the Splid team who is constantly evaporating. Josh just earned up yesterday who is next? The end.

  31. Mahaut
    December 15, 2017

    This is so stupid I don’t know how to address it. In a time like this when Dominica was almost washed away from the face of the earth , Skerritt and his hench men still want Lennox to pay for free speech that was judged by bias people in a far away land?
    I am so sick of Dominicans allowing Skerro to divide them.
    Even if Lennox had the money he should never pay the KPB guy.
    I don’t what other punishment Dominicans arewaiting for to realize that Skerro is the root cause of their problems .
    Since the last hurricane Skerrit has been flying more than a pilot just to stay away from Dominica.
    Time for this guy to remain in Florida .

    • NUWP
      December 15, 2017

      So the bank should tell people don’t pay any money you owe because hurricane Maria almost kill you?

      And courts should do the same?

      And those who lutes should not make to pay because Maria almost kill them?

      The bible tells you if you owe you MUST pay. Especially if you lazy like Lennox

      AND PLEASE BE REMINDED THAT LENNOX HAD HAD LOOOOOOONG BEFORE MARIA TO PAY.

      But he boldface no face so he ignored the demand letter and when fire was under his tail he said he will pay $300.00 a month. So don’t come with ur cr*p and try to insult people intelligence. We know better that that especially we who followed dat case from years ago.
      He HAVE TO PAY. I not feeling sorry

    • December 15, 2017

      Just pay up and shut the k… up. Dominica was destroyed by a cat 5 hurricane and Lennox continued his political attacks on Skeritt and his government both locally and overseas. So what is wrong with Pinard demanding what is due to him?

    • Barbara Saunders
      December 15, 2017

      Mahaut
      Please forgive me. I’m trying to understand. This was a court matter which was tried, thankfully, not only locally and regionally but at the highest level, the Privy council. There was an offending party who took a conscious decision to defame another person repeatedly and consistently. The aggrieved party sought redress. I believe the constitution allows for free speech as long as it does not encroach on the rights of another person as both parties are protected by the constitution.

      I have no doubt that the aggrieved party suffered tremendously both professionally and emotionally. I somehow don’t recall reading anywhere that Skerrit was involved in this matter so I’d like to join your conversation and support your trend of thought but I just don’t follow your logic and the basis for your conclusions.

      These are the situations which cause us anger and frustration when others don’t join us because people must be satisfied that we are right about what we say.

    • indira Ghandi
      December 16, 2017

      I am not the only one to notice that
      since the hurricane mr. P M has been flying all over the place.
      not he alone nuh,but his ambassador to the Un too.
      they all over the place. Every little fund raising function they right there.
      Thdy enjoying themselves while the dommies in misery.
      is de PM family in de country?
      I dont know how the people so blind

      • John Brown
        December 17, 2017

        How else do you expect him to raise funds?????

  32. One and only
    December 15, 2017

    Lol, amazing! Comments are just making my day…keep it coming hahaha

  33. Progress
    December 15, 2017

    so what is the issue that Mr. Linton cannot serve in the house. How often does Skerrit call parliament. All decisions are made outside of Parliament. Since Maria one decision after the other, no parliament called. Even when Parliament is called the opposition is not given the time of day to present anything. So don’t worry with them Mr. Linton

  34. Sweet Pea
    December 15, 2017

    Kieron Pinard-Byrne, mark these words: “Isn’t it great, that when God is(seems) late, he is still on time!” God will deal with you KPB, he is not asleep! Maria didn’t teach your spews of vehemence any lesson? Don’t worry, today you bask in some great power and you seem even untouchable… :lol: Enjoy your ride, God is watching, he’ll appear at the right time! And you can take that to the bank!!!

    • Me
      December 15, 2017

      And it is all about the bank.. He has no morals, no values. He is leaving that as a legacy for his children and his grandchildren to feel ‘proud’ of… NOT! They will want to change their name with embarrassment that they are related to such a despicable person with such mercenary behaviour and values. Disgusting.

  35. Dominican Passports
    December 15, 2017

    You wanna kno what is de crazy ting about Dumbnicans? It have so many of them who vote labor time and time again who go away , me self is leave I leaving just now, If laborites thinking they going and make Dominicans a cesspool and is them alone that running they dam lie :lol: :lol: I not staying to lower my IQ and die in princess death morgue hospital. :lol: :lol:

  36. Lougawoo Mem
    December 15, 2017

    The seeds of hatred, wickedness, corruption are deeply entrenched in the hearts of so many in my homeland that they’ll continue to reap the wrath God whenever he sees it ripe. Only in Dominica…

    • Gary
      December 19, 2017

      Have you questioned your motive before making such comment. Who are you to make such judgment, such judgment was not made with intelligence.Why would you wish the wrath of God on the people of Dominica because of your political partisan beliefs, wallow in your nonsense, the wrath of God does not operate on the whim of your political partisan beliefs.

  37. jack
    December 15, 2017

    Correct me if I am wrong, but I believe Dominica is using the bankruptcy Laws in the other way around. Bankruptcy works when a plaintiff file a civil law suit against a defendant, and the plaintiff receives a judgement against the defendant regardless of the amount of money, YES the defendant have to pay the plaintiff according to the order of the court. If the defendant cannot pay the plaintiff , then the defendant can file bankruptcy if they can prove that they don’t have the money to pay the defendant. but I have never, heard that a plaintiff can file bankruptcy against a defendant. If the defendant fails to pay the plaintiff, the plaintiff can go back to the court and file petition to garnish the defendant pay, or auction what ever the defendant may have to collect their judgement, but I never know bankruptcy laws in Dominica was reverse. Please keep me informed because this law is new to me. Bankruptcy Laws is to left up the burden of dept from a individual (s)

    • Francisco Etienne-Dods Telemaque
      December 15, 2017

      You are viewing it the appropriate way, it seems to me that the laws in Dominica is totally different from any other place on earth. I’ve never heard or encountered any law in any other part of the world where if somebody owes me, I can petition a court to declare my debtor bankrupt!

      Only in Dominica we hear that sort of rubbish. Here is the point if I know you are broke, have no money to pay me, why even bother to try to get money from me. I operated an electronic business in Antigua, I sold something to someone on credit, shortly after the man lost his job, and could not pay me. I went to retain Colvin Sobers to sue the man.

      Colvin ask me “is he working,” I said no; the lawyer ask me well if he is not working how do you expect him to pay you? he did not even take the case. So, this thing unfolding in Dominica can only happen in Dominica, and that is why God allows so much suffering in the country!

    • Francisco Etienne-Dods Telemaque
      December 15, 2017

      The bottom line is simply this Dominica is the only place on earth where the person owed can go and petition a court to declare another person bankrupt, that is laughable; that is comical in the sight of the world.

      Right now I owe millions of dollars to different Mortgage Companies, I can declare bankruptcy in different ways, where the mortgage companies cannot touch me.

      In a  another way I can arrange to pay my debt, nevertheless, when I file bankruptcy, even if I owe the government,Federal, or local the law of the land protects me from the government: Not even the government can ask me for money! 

      I know some smart Dominican know-all will say I lie, but I went through that before, so Me-rubbish call me lie again, you dirt bag!

      • Man bite dogs
        December 17, 2017

        Linton, will not be laughing for sure Mr Francisco.

    • Dominican
      December 15, 2017

      Read the constitution. It is available on line. Not only wii mr. Linton be unable to attend parliament but he would also have to vacate his seat and lose all his parliamentary privileges, including his salary. I cannot believe that mr. Byrne will enjoy this kind of reward. It is far too bitter .

    • Positive
      December 15, 2017

      REPOST: Jack this is common practice. You can be made bankrupt without ever turning up to Court. Follow the link below and read.
      http://financialrights.org.au/wp-content/uploads/2016/02/FRLC-Factsheet-Being-Made-Bankrupt.pdf

      HOW DOES A CREDITOR MAKE SOMEONE BANKRUPT?
      The most common way of making someone bankrupt is as follows:
      1. Serve a Statement of Claim on the debtor
      2. Apply to the court for a default judgment after 28 days (the
      creditor can do this if the debtor has not filed a defence)
      3. Apply for and serve a Bankruptcy Notice on the debtor (which
      must usually be paid within 21 days)
      4. File and serve a Creditor’s Petition on the debtor.

  38. dominican in uk.
    December 15, 2017

    All u dominicans too political minded and like too scrutinise someone in public life .look what happened through Erica then maria put all dem nonsense aside and come together lets see if we can build a more resilience dominica .if d guy brokes so what ?dat is old news i myself brokes.tell mi 2018 round d conner any plans?

  39. jihan
    December 15, 2017

    Pinard Byrne your not welcome in Dominica,your raging war against our own black brother,you want a fight you will get it.

    • Prampram
      December 15, 2017

      Oh please. Stop it wirh your infantile and moronic words. Who is Lennox to fight for? This is the law. Go and fight to put food on your table. Lennox too artogant,he never listens. He made his bed let him lay in it.

  40. Kermit
    December 15, 2017

    Well better it doe have no election and just make skerro continue the 5 years because it doesn’t make sense again. :lol:

  41. Channel 1
    December 15, 2017

    Steuuppppppppsssssssss!!!!

    NEXT!!!

    P.S. – If all you ain’t no Linton as yet, y’all will never know him again. Dem fellas using all kind of tactics to try to bring down Lennox.

    By the way, I hope somebody is keeping good chronological file of all these persecutions of Lennox, so that a documentary could eventually be made & titled: Lennox Linton, the thorn & catalyst, that demolished the Dominican ‘Pharaonic Empire’.

    • Prampram
      December 15, 2017

      You know what irks me and grinds my gears? Your partisan tunnel vision. Lennox is a Mongol. When people think they hey smart that’s what happens to them. He was supposed to stay in his capacity as a reporter, he had no place in horse race because he wouldn’t listen it was all about him . A Lennox Linton show. Ask yourselves, apart from him ‘blowing the cover ‘on some key issues (for which I am grateful) how has he represented us as a people? The man Brings up air everytime. He refused to take advice. His role in the house of assembly-abysmal. Y’all just thought his diction would lead you. Time to wake up. His diction can’t save his behind. Look at what he has gotten himself into because he lacks patience, tact and leadership skills. Vocabulary and diction do not lead people or a country. No one is persecuting him. If he lacked the foresight resources and skill to deal with this situation, how on earth would he represent us a people, as a nation? He lost both battle and war.

      • LOL
        December 15, 2017

        Looks like you are being paid per word

      • Abednego
        December 15, 2017

        Get him a green card and let him join his brothers in the USA preferably Kentucky. he will continue his Hillie billie attitude.

      • December 18, 2017

        At the end of the day, only people from Mongolia are Mongols so get your facts right and don’t be daft.It is quite normal he cannot add any” stone to the construction ” while he is in the house of assembly because the speak cuts short every member of the opposition who is in all their right to say something.The majority of the people supporting the leading party are illiterates and are only loving and waiting for handouts. I can see that you are high up with your vocabulary because “he has gotten himself into” creates more destruction than the past tense which is got. Keep on dancing, welcome with a giant than you the cement, drinks and galvanize till another devastating hurricane.

  42. God is my leader
    December 15, 2017

    Hurricane maria just passed. Everyone was shouting “Dominica finish” but it seems it left the hearts of men callous and bitter. The nonsense continues. The division continues, the hate continues, the anger continues. No repentence, no forgiveness. I hope you all heard and read that 2018 hurricane season predicted to be worse. It is time people change their ways, turn to God and stop the fussing and fighting. Greedy people.

    • indira Ghandi
      December 16, 2017

      God was merciful and spared our lives.
      have we consedered the mercy of God?
      For the kind of force the hurricane had,for the amou t of destructions, it was only Gods mercy why hundreds did not perish during that hurricane.
      if those leaders and people a g the t op continue in their wicked ways and c ontinue to divide the people they will be taken away
      it is time thst the country unite.
      it is t I me that the people be free.
      it is time that the people v ome together again.
      it is tkme thzt the people look out for each other.
      the l eaders are causing too much division.
      there is too much hatred.
      i call on the reli g ious leaders to do what God has called u ou to do.
      stop being bias and po,itical because you get some benefit.
      lead the people in the right dire tion.
      call wrong wrong and right right .
      Be loyY to God.
      let God be your naster.
      fear God and serve him.

      • Gary
        December 19, 2017

        Do you know how ludicrous you sound by saying fear God and serve him, wow.

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