The U.S. federal involuntary-bankruptcy filed against alleged poker cheat Mike Postle by Veronica Brill and Todd Witteles has been dismissed by Brill and Witteles following a series of negotiations and discussions between the parties and their attorneys covering the past two months. The agreement for Brill and Witteles was reached in mid-December and signed by all attorneys for the parties, including Brill counsel Marc Randazza and Witteles counsel, Eric Bensamochan, along with Yasha Rahimzadeh, a Sacramento-based bankruptcy attorney now representing Postle in the matter.
The involuntary-bankruptcy petition was voluntarily dismissed and a confidential settlement was reached in exchange for Brill and Witteles dropping their petition against Postle. The terms of the settlement remain publicly unknown. Brill and Witteles were jointly owed roughly $55,000 in court fees awarded to them following Postle's own voluntary dismissal in April 2021 of a $330 million defamation lawsuit. Brill and Witteles were two of 12 relatively high-profile -- and largely deep-pocketed -- defendants named in Postle's claim.
Brill and Witteles filed the involuntary-bankruptcy petition to recover those court fees in July 2021 after three months of noncommunication from Postle regarding his payment of the court-ordered debt. Postle responded by filing to dismiss the involuntary-bankruptcy petition in September, though that effort was rejected a month later. Meanwhile, Postle filed documents asserting over $270,000 in debt, largely in claimed credit-card accounts.
Numerosity dispute loomed over scheduled bankruptcy trial
A scheduled trial for Postle's involuntary bankruptcy had been set for mid-December, though it would almost certainly have been delayed. A major issue that went unresolved was a "numerosity" claim filed by Postle under which he sought to have the involuntary-bankruptcy petition declared invalid. As part of his defense, Postle claimed that he had more than 12 creditors, and the numerosity clause in federal bankruptcy code meant that at least three of his creditors had to initiate the involuntary petition, should Postle's claim under that clause be upheld.