- October 13, 2024
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In the battle for the easements holding up the Army Corps project, the county commission filed on Wednesday, Dec. 14 a complaint to revoke the discharge issued on the property owner’s case.
On the same day, the property owner’s bankruptcy lawyer, Ann Rogers, filed a motion to withdraw herself as her client’s council.
In the motion, Rogers cited a "conflict of interest" as her reason to withdraw, but did not elaborate. Rogers could not be reached for comment in time for publication.
Cynthia D'Angiolini, the property owner, began filing for bankruptcy in 2019. The case itself was completed on Nov. 15 when a discharge was issued to D'Angiolini for completing her scheduled payments.
But on Dec. 3, Al Hadeed discovered that D'Angiolini had failed to disclose the two beachfront lots she owned — the same two lots the county has been negotiating with her over since 2020 for easement rights.
Upon discovering this, Hadeed hired bankruptcy lawyer Scott Spradley on behalf of the county, who then notified Rogers of the issue.
Since, the parties have filed several motions and amendments in the case, including, on D’Angiolini’s side, an amendment to update her listed assets. D’Angiolini listed both lots as $2,420 in value each.
Both Spradley and the bankruptcy trustee on the case filed objections to the amendment, citing that with the completion of the payments D’Angiolini should not be able to amend her assets.
“It’s too late,” Spradley said. “Bankruptcy law says you can amend payment plans up to the last payment, which she had in September.”
Spradley, on behalf of the county, filed a motion on Dec. 7 to convert the case to a Chapter 7 bankruptcy filing, which he said will allow the bankruptcy to sell properties to pay off debt. This would only apply to properties that do not have exemptions attached, he said, like D’Angiolini’s home has a homestead exemption.
“Nothing I have file on behalf of the county will threaten her home,” Spradley said.
No hearing date has been set yet in the case.
