Quantum Media Reports on KPMG’s Alleged Attempts to Muzzle Creditors

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KPMG has filed a motion that Quantum Media says could limit the free speech rights of lawful creditors.

It is extremely interesting to note that it appears no lawyer at this firm has any experience in bankruptcy matters

Vancouver, BC A motion before the Supreme Court of British Columbia could be intended to muzzle some of the lawful creditors of Erwin Singh Braich, according to the watchdog group Quantum Media.

The motion before Honourable Donald Brenner, Chief Justice of the Supreme Court of British Columbia, was filed on behalf of trustee KPMG, Inc. by Howard Mickelson, an attorney at Gudmundseth Mickelson LLP. (Action No. 193466VA99 - Vancouver Registry - Supreme Court of British Columbia)

According to Quantum, this motion will go forward despite the fact that some respondents have made written submissions to the Rules of Court in British Columbia claiming they were not properly served with notice of the proceeding.

One such respondent recently added by KPMG is Michael McCormack, a resident of Vancouver. He stated that he learned he was a respondent only from another creditor and has yet to be properly served with any documents that KPMG is using to support the subject motion and the notice of motion itself.

Other respondents also claiming to have not been served include Dr. Alex Penner, Yashminder Sidhu and Dr. William Russell.

When contacted for comment, Mr. Satinder Dhillon, a businessman who said he is owed in excess of $3 million, stated; “notwithstanding the advice given to me by experts that section 2B entitled ‘Fundamental Freedoms of the Canadian Charter of Rights and Freedoms’ has been violated by the Honourable Court when it pronounced the previous interim order on Feb. 23, 2009, it is best that I make no further comment at this time”.

When Quantum contacted another creditor, Robert Shaw, in Vancouver, he said, “It is quite unfortunate that this matter keeps dragging on. The reams of irrefutable evidence, speak volumes as to what has transpired over the past decade. For Robert Rusko (a partner and senior vice-president of Canada’s KPMG) to run from cross-examination begs a litany of questions.”

“It is extremely interesting to note that it appears no lawyer at this firm has any experience in bankruptcy matters,” Shaw said.

Mickelson, whose firm has previously represented KPMG in a lawsuit filed by Braich in Seattle, Washington, does not list bankruptcy or insolvency work in his CV. A summary of the individual areas of practice is available at http://www.lawgm.com/lawyers.html

For more information about the above mentioned litigation, please visit http://www.justiceandtruthforall.com/documents.html

Another creditor, Mission, B.C. resident Richard Rempel, said, "I've known Erwin for over 30 years and have been involved with very many interesting and positive events in his life. Clearly, this has been a troubling episode for him. Being that Erwin is a very pragmatic individual, I am not surprised to have learned recently that a succession plan for the litigations is already in place, should something happen to him.”

When asked for his comments, Mr. Braich reiterated that due to an interim court order, he was unable to comment.

For more information about this case and comments from the lawful creditors please visit:



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