Saturday, February 9, 2008 1:17 AM CST
Roth: Cochonours violated deal; Cutright alleges unspecified threats
By NATHANIEL WEST, Staff Writer nwest@jg-tc.com
TOLEDO — An effort is underway in Cumberland County to remove disgraced ex-judge Robert Cochonour and his brothers from bankruptcy protection, following what an attorney said is a breach of a hard-fought deal in federal court.
The arrangement in bankruptcy court allowed for the sale of hundreds of acres of Cochonour family farmland and residences so former Cumberland County judge, who served time in prison for theft, and brothers Joe and Don Cochonour could begin to pay back those to whom they owe money.
These creditors include deceased Greenup businessman Jay Hayden’s estate, which Cochonour previously admitted plundering, as well as the estates of Hayden’s late mother, Martha, and retired Clark County schoolteacher R. Maurine Johnson.
Cochonour has admitted to controlling the monetary affairs of Martha Hayden, who died in 2001, and he allegedly was involved in Johnson’s finances as well.
Meanwhile, the attorney representing the Cochonour brothers’ mother, 96-year-old Ruth Cochonour, alleged the Cochonours made unspecified threats against him for trying to resign as their mother’s counsel.
“They threatened me in my office,” former Cumberland County Public Defender John Cutright said in court Friday. “In my opinion, I can’t represent her.”
Ruth Cochonour currently is executor for the estate of her late husband, Clark Cochonour, although Naperville attorney Fred Roth — representing Jay Hayden’s charitable foundation along with the estates of Martha Hayden and Johnson — is asking that Ruth Cochonour be replaced.
Roth argued Friday that a $300,000 home belonging to the estate of Clark Cochonour, father of the three Cochonour brothers, was deeded over improperly to Joe Cochonour. Roth said Cutright prepared the new deed.
The residence in Casey was not listed among the brothers’ assets during bankruptcy court proceedings, Roth alleged.
“They transferred a very valuable asset out of the estate of Clark Cochonour to a beneficiary, and Mr. Cutright was involved in that transaction,” said Roth.
Cutright said, “I don’t know of any order prohibiting the distribution of property.”
Roth said papers were filed Friday in federal bankruptcy court requesting the go-ahead to resurrect Cochonour as a defendant in four multimillion-dollar lawsuits and possibly add Joe and Don Cochonour as co-defendants.
The Cochonours currently are precluded from these lawsuits under the terms of the bankruptcy agreement brokered in 2006.
Judge John Greanias of Decatur on Friday approved Roth’s motions to temporarily halt the quartet of lawsuits, pending a decision by a federal bankruptcy judge as to whether the Cochonours can be brought into these lawsuits.
Should the call go in Roth’s favor, Greanias also approved the addition of the three Cochonour brothers to each of the four lawsuits.
Greanias told Cutright that, for the time being, he must continue to be Ruth Cochonour’s attorney.
“Unless something else comes up I expect you, Mr. Cutright, to represent her,” Greanias said.
Contact Nathaniel West at nwest@jg-tc.com or 238-6860.
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Early Bird wrote on Feb 9, 2008 5:11 AM: