UPDATE: DISCHARGE DENIED
2021-04-28 Notice: Discharge is DENIED for William Byrd McHenry
Bill McHenry received millions of dollars in “commissions” in exchange for his recruitment of new investors to Madison Timber. The Receiver obtained a $3,473,320 judgment against McHenry on August 16, 2019, but he has not paid it.
On January 24, 2020, McHenry filed for bankruptcy. In addition to the $3,473,320 he owes the Receivership Estate, he represents that he owes the I.R.S. $706,761.93 and a handful of banks more than $684,000.
By filing his petition for bankruptcy, McHenry triggered an automatic stay of litigation against him. The automatic stay applies to all bankruptcy petitioners pursuant to 11 U.S.C. § 362.
The result is that the Receiver cannot collect the $3,473,320 judgment against McHenry while his bankruptcy proceedings are pending. The Receiver, however, can and will participate in McHenry’s bankruptcy proceedings in order to assert the Receivership Estate’s rights.
On April 23, 2020, the Receiver filed an adversary complaint in McHenry’s bankruptcy proceedings that objects to the discharge of his debt to the Receivership Estate on the basis, among others, that the debt flows from his false pretenses, false representations, and fraud.
The following are select filings (most recent first) relating to McHenry, from the federal civil case Alysson Mills vs. Michael D. Billings, et al., No. 3:18-cv-00679 (S.D. Miss); the federal criminal case United States vs. McHenry, No. 3:19-cr-00020 (S.D. Miss); the bankruptcy proceeding In re William B. McHenry, Jr., No. 20-bk-268 (Bankr. S.D. Miss), and the adversary proceeding Alysson Mills v. William Byrd McHenry, Jr., No. 20-ap-22 (Bankr. S.D. Miss):
2021-06-01 [170] Order denying McHenry’s Motion for Clarification
2021-05-28 [169] McHenry’s Motion for Clarification of Order Denying Discharge
2021-04-28 [167] Notice: Discharge is DENIED for William Byrd McHenry
2021-04-28 [65] Order denying McHenry’s Motion to Reconsider
2021-04-21 [63] McHenry’s Reply to Receiver’s Response to Motion to Reconsider
2021-04-14 [62] Receiver’s Response to McHenry’s Motion to Reconsider
2021-03-31 [59] McHenry’s Motion to Reconsider
2021-03-26 [54] Final Judgment
2021-03-26 [53] Order granting Receiver’s Motion for Summary Judgment
2021-02-24 [44] Receiver’s Supplemental Brief in Support of Motion For Summary Judgment
2021-01-21 [39] Order Holding in Abeyance Motion for Summary Judgment
2021-01-19 [132] Order on Receiver’s Re-Urged Motion to Hold McHenry in Contempt Again
2021-01-06 [35] Receiver’s Reply Brief in Support of Motion for Summary Judgment
2020-12-07 [112] Receiver’s Motion to Hold McHenry in Contempt Again
2020-12-01 [27] Receiver’s Motion For Summary Judgment
2020-08-14 [103] Order granting Motion to Hold McHenry in Contempt
2020-06-26 [88] Motion to Hold McHenry in Contempt
2020-05-28 [7] McHenry’s Answer to Receiver’s Adversary Complaint
2020-05-08 [83] Agreed Order granting Receiver’s Motion To Compel
2020-04-23 [78] Receiver’s Adversary Complaint (objecting to discharge of debt)
2020-04-03 [69] Receiver’s Memorandum in Support of Motion to Compel
2020-04-03 [68] Receiver’s Motion to Compel
2020-02-06 [Docket entry only] “The Judgment Debtor Exam scheduled for 2/10/2020 at 1:30 PM is hereby postponed until further notice.”
2020-01-24 [1] McHenry’s Chapter 7 Bankruptcy Petition
2020-01-07 [67] Order granting Receiver’s Motion to Examine McHenry in Open Court
2019-12-12 [66] Receiver’s Motion to Examine McHenry in Open Court
2019-08-16 [63] Final Judgment
2019-08-16 [62] Order granting Receiver’s Motion for Summary Judgment