legal Looks like Grandma Powell lost the domain but might keep the email?

[equity78]

Ron Jackson reported:

A final hearing was held on that motion Wednesday (July 12) and I was shocked and saddened to see Heidi come back from it and have to report this on Facebook (where she is a friend): "It did not go our way...The judge approved the sale of my domain to her. Proof positive that if you have all the money in the world you can do anything to anyone and get whatever it is that your heart desires, no matter who you hurt in the process. A year process to be exact."

Heidi continued, "We may appeal if we can find pro bono representation that will take it but need to wait for the audio (from the judge's ruling) before that decision can be made. We believe the judge may have split the domain and my email up, where I would be keeping the email part of the domain and she would get the domain for website purposes but not even our attorney totally understood it. Very confusing. We will be sorting that out when the audio shows up in an estimated five or so days."

Read the full story http://www.dnjournal.com/archive/lowdown/2017/dailyposts/20170713.htm

 

[maksimfa]

Well the issue here I think, and the article is light on details, the women filed for bankruptcy. If so, absolutely the court can order her possessions to be sold, including the domain.

Case closed

 

[canswift]

My understanding is that the bankruptcy case was some years ago. The B-list "celeb" Heidi Powell was the one who raked that up when her attempt at a UDRP failed. Just wish someone with a barrel-load of cash could out-bid "celeb" Heidi and hand the name back to it's rightful owner.

 

[maksimfa]

My understanding is that the bankruptcy case was some years ago. The B-list "celeb" Heidi Powell was the one who raked that up when her attempt at a UDRP failed. Just wish someone with a barrel-load of cash could out-bid "celeb" Heidi and hand the name back to it's rightful owner.

http://www.dnjournal.com/archive/lowdown/2017/dailyposts/20170206.htm

Original article.

In essence, they re-opened her BK case because the domain was not listed as an asset.

If it had value, she had to list it. The tricky part is was there value to it?

Dirty yes, BUT.... this case just proves...

Domains are an asset and gives credibility to the name.

IF.... IF.... she did not file for BK or disclosed it, it would never be an issue.

This case is truly a BK issue, and not a domain issue. UDRP failed obviously.

 

[offthehandle]

She gets to keep the email... hmmm. That could get interesting in the future, someone might help her with that.

 

[zurc.net]

This decision is sickening and this so-called celebrity should be ashamed of herself. What a disgrace.

 

[jideofor]

I knew it she was gonna lost that domain name. Those criminals disguising as panelist have been bribed. There is nothing anyone would tell me to believe otherwise. WTF? They are thieves and robbers disguising as panelist...

 

[pokainc]

Had never heard of Heidi Powell but her husband Chris Powell is a well known figure in the fitness trainer world.

I don't know how much Heidi Powell "celeb version" offered, but she should at least overpay for it given the circumstances. They have the means for it and if it wasn't for the Bankruptcy regulations , she wouldn't have had won imo.

 

[zurc.net]

Had never heard of Heidi Powell but her husband Chris Powell is a well known figure in the fitness trainer world.

I don't know how much Heidi Powell "celeb version" offered, but she should at least overpay for it given the circumstances. They have the means for it and if it wasn't for the Bankruptcy regulations , she wouldn't have had won imo.

The name didn't have virtually any value during bankruptcy, only now that a celebrity wants it does it have any value. The bankruptcy should be considered irrelevant. "Celebs" hate being told no.

 

[pokainc]

Good point. I guess the appeal can hinge on that very fact if they decide to appeal. It would be a whole new case which would not be related to UDRP directly.


I may be mistaken, but from what I understood from the article "Celeb Heidi" got the decision favorable to her outside of the UDRP system through regular bankruptcy court

 

[zurc.net]

Well of course the bankruptcy court would decide in her favor, they inflate the value, celeb pays it and more money to them. Lawyers win, court wins, celeb wins... little ol' grandma loses...

 

[carob]

Strange case, other threads on here looked at whether domains are property and should be declared in bankruptcy

https://www.namepros.com/threads/defend-heidipowell-com-against-a-bullying-celebrity-thief.998413/

https://www.namepros.com/threads/heidi-powell-update.1007093/

The thing is the domain would have had no value at the time of bankruptcy - so can you re-open bankruptcy proceedings if something later develops a value though it had none at the time of proceedings? For example a wrecked rusting car that 50 years later is a valuable antique?

If the asset is to be auctioned now nothing stops big domainers from buying it and putting up a fan site.

 

[pokainc]

very interesting point... I'm sure we have some lawyer or "legally inclined" domainers that maybe can weigh in with some legal points

 

[DomainVP]

Sorry folks, but the ruling was just. The 'celeb' used the bankruptcy law in their favor.

If you owe money, your assets get sold by command of the court.

It's a sad situation, but it's legally correct.

 

[platey]

The name didn't have virtually any value during bankruptcy, only now that a celebrity wants it does it have any value. The bankruptcy should be considered irrelevant. "Celebs" hate being told no.

A domain is only worth what a person is willing to pay for it

Allegedly - no offers had been made at time of bankruptcy? Meaning at that time the domain had no value and as such was not an asset and so would not have needed to be listed etc

Only when offers came in from a potential buyer did the name then become valuable and as such an asset but allegedly the bankruptcy was already completed

What should have happened for the good of the domain industry as a whole is for one of the big registrars to match and outbid any other offer for that domain in exchange for that registrar to be allowed to advertise their logo on that domain thus allowing the original and rightful owner to keep their domain

Common sense is a wonderful thing

 

[zurc.net]

Sorry folks, but the ruling was just. The 'celeb' used the bankruptcy law in their favor.

If you owe money, your assets get sold by command of the court.

It's a sad situation, but it's legally correct.

Are you a bankruptcy lawyer? Ever worked with any? Any that know anything about domain names?

 

[carob]

Sorry folks, but the ruling was just. The 'celeb' used the bankruptcy law in their favor.

If you owe money, your assets get sold by command of the court.

It's a sad situation, but it's legally correct.

The long-closed bankruptcy proceedings were re-opened retrospectively, imposing a value on an asset that had no value at the time of the bankruptcy.

The domain cofveve.com had no value till recently - if someone had retained it through bankruptcy proceedings 5 years ago and then someone else now reopened the bankruptcy proceedings to grab it what would we think?

 

[DomainVP]

The long-closed bankruptcy proceedings were re-opened retrospectively, imposing a value on an asset that had no value at the time of the bankruptcy.

The domain cofveve.com had no value till recently - if someone had retained it through bankruptcy proceedings 5 years ago and then someone else now reopened the bankruptcy proceedings to grab it what would we think?

Obviously there was a debt owed, and the asset was owned during the debt.

If there is still a debt, and the domain was owned but not claimed during the bankruptcy, then they have every right to appraise and attach the asset to the bankruptcy using todays valuation.

You can color it any shade you want, but the verdict was legally accurate.

She should have claimed the domain as an owned property valued at $0 USD at the time of bankruptcy, and there would have been no problem. If you own your name in the .COM you know it's an asset which should be disclosed.

The main issue was that it was owned but never listed/claimed, and therefore qualifies for retrospective application to the list of her assets.

Sorry she lost, but you need to prepare to protect your ownership rights from the second you own any domain.

 

[DomainVP]

Are you a bankruptcy lawyer? Ever worked with any? Any that know anything about domain names?

I am extremely well versed in intellectual property protection. It's 2017 not too hard to look up caselaw and come up with a relatable precedence for this decision.

It's not the first time an asset wasn't disclosed during an audit.

This is another menstrual thread, where every month there is some decision that domain investors make an incorrect bandwagon decision to cry foul against a valid legal decision.

The outcome was well founded. On a personal level I'm sorry the woman lost her domain, but if you are going to own domains you have to make sure they are protected.

People can be snakes, but if you leave the door wide open don't be shocked when they slither in.

 

[zurc.net]

We'll see if it holds after appeals. But in bankruptcy, you don't disclose a lollipop you own unless it has significant value that can go towards paying debts.

This domain, at the time, had no value... hence it not being disclosed.

This is not at all common. This is, like you said, a snake opening old wounds, going for a Hail Mary and hit the miracle with a ignorant panel/judge who doesn't understand how easily a Domains value can be swayed.