Vick adviser a no-show at Newport News bankruptcy hearing

NEWPORT NEWS

Michael Vick's bankruptcy case has gotten off to an embarrassing start, attorneys in the case said Friday. The spectacle continued when Vick's former adviser - accused of being a swindler - faxed in a sick note to excuse himself from a judge's order.

Vick's lawyers were in federal court in Newport News on Friday to withdraw their request to have David Talbot serve as financial adviser to Vick, who filed for bankruptcy protection while serving a prison sentence on a dogfighting conspiracy.

Vick, a Newport News native, and his lawyers began to distance themselves from Talbot this month after they learned he had filed for bankruptcy and was accused in New Jersey of helping swindle investors out of more than $500,000.

Paul Campsen, an attorney for Vick, told U.S. Bankruptcy Judge Frank Santoro that Talbot did not disclose the full extent of his financial and legal troubles while he earned Vick's trust over the past several months.

"We then found out that Mr. Talbot had three bankruptcies," Campsen said.

Also, there were 40 judgments against him, Campsen said. The revelations came from the creditors, who told Vick's lawyers they had found three bankruptcy petitions filed for a David Talbot, though two of them spelled the last name differently. All three petitions had been filed in New Jersey, and all had been dismissed because of failures to make payments, Campsen said.

Talbot had told Vick's lawyers about one bankruptcy but said it was 10 years old, and in the rush of court deadlines the attorneys didn't look into it more, said Campsen and another Vick lawyer, Peter Ginsberg.

Ginsberg told the judge that "as angry and as disappointed and, in fact, embarrassed as my law firm is … Mr. Vick and his family are as equally angry and disappointed in Mr. Talbot."

Franklin Swartz told Santoro that someone identifying himself as Talbot called him Monday and asked for Swartz to represent him. Swartz said he tried to persuade Talbot to attend Friday's hearing as the judge had demanded, but Talbot said he was too ill.

Swartz showed the judge a one-page note that Talbot had faxed to Swartz's office Friday morning saying he couldn't attend because of sickness. It included the name of a Dr. Marc Carp from Miami.

Reached by phone, Carp said he couldn't disclose Talbot's condition because of privacy laws.

"Yeah, I wrote the guy a note," Carp said. "He's got a legitimate medical thing going on."

Swartz told Santoro he was "frankly a little embarrassed" to find himself in such a situation.

The judge ordered that a Mercedes-Benz that Vick had given to Talbot be repossessed and sold, and that Talbot show up at a hearing on Sept. 5. Talbot has not responded to interview requests through third parties and by email.

"Obviously the court is concerned," Santoro said. "It's not the most auspicious start to the case."

Dave Forster, (757) 222-5563, dave.forster@pilotonline.com