Emotions Run high in Bankruptcy Case

Are you SURE you want to proceed with bankruptcy? This is not an isollated case, the only thing unusual about it which caught national attention is that it happened in the courtroom. There are other alternatives to bankruptcy.

Dudley Sentenced To Four Years For Assault At Bankruptcy Court
posted April 11, 2007

Judge R. Allan Edgar has sentenced Ernest Wayne Dudley to four years in a federal penitentiary for assaulting a man after a bankruptcy proceeding in the Old Post Office, which now houses the United States Bankruptcy Court, at 31 E. 11th St. in Chattanooga.

The district court judge stressed the need "to keep the federal courts safe, to deter others who might commit violent acts in the courts, and to protect the public from the defendant."

The sentencing guidelines called for a sentence in the range of 27-33 months. In addition, the court imposed the maximum term of supervised release of three years. However, those guidelines are now advisory and the court said a stiffer sentence was necessary and deserved.

The assault occurred on Aug. 11, 2005. The defendant pleaded guilty to aggravated assault before Judge Edgar on Nov. 14, 2006, and was immediately taken into custody.

According to the factual basis, the defendant attacked the victim, whose wife was the defendant’s ex-wife and a creditor in the defendant’s bankruptcy proceedings. He had his then 17-year old son hold the victim from behind in the elevator following a bankruptcy hearing. The defendant then broke the victim’s nose and jaw with his fists.

The defendant was convicted in state court for the assault prior to being charged federally. He received a sentence of probation.

According to United States Attorney James R. Dedrick, the United States Attorney’s office "will not tolerate criminal conduct occurring before or in conjunction with federal court proceedings. Our citizens are entitled to uninhibited access to our courts and we will insure the protection of that right."

The maximum penalty for violation of section 113(a)(6) is 10 years imprisonment and a $250,000 fine.

The case was investigated by the Department of Homeland Security. The case was prosecuted by Assistant U.S. Attorney Gary Humble.