Damage Control

 

From Inside Kimkins, Kimmer (aka Heidi Diaz, or Kimberly Drake, or whomever she is today) begins to attempt to do some damage control, after news of her bankruptcy was revealed.

 

 

A quick note from legal counsel:

“Kimkins has filed for protection under Chapter 11 of the bankruptcy
code. Chapter 11 is a rule which permits reasonable reorganization of
debts under the bankruptcy laws of the United States. Chapter 11
bankruptcy is available to any business, whether organized as a
corporation or sole proprietorship, and to individuals.

This will allow Kimkins, as a viable business, to continue to service
its customers while paying debts under a reorganization plan. Moreover,
it will allow us to better address certain matters pending in the civil
courts. The process is a public proceeding and aimed solely at
protecting the interest of Kimkins and our members.”

Due to litigation over the past year we have a couple major debts and
this will help restructure those. This will not affect our day to day
operations. Prior to this news Kimkins had already been planning a
revamp of the website (appearance and software). Everything will be the
same but better — better navigation, more features, easier to use and
understand. Those plans have been in the works for several months.

We’re a big website (bigger than what you see) and it’s a big project!
I’ve seen prototypes of the new format — it’s lovely! We’re still
months away from being ready … naturally. I’m an instant gratification
person and months are not instant! Darn!

When it’s ready for testing we’ll be seeking volunteers to poke it and
find the boo boos before we switch everybody over.

Your membership will stay exactly the same — only the website will look
different. Some of you are old timers and remember we’ve had 4-5
previous “looks” since we started Kimkins in April 2006!

 

What she doesn’t tell them in this note  is that she has already started a NEW diet site, which is no longer low carb.  It appears to still be low calorie and low fat.  It also appears to be using a name that is already trademarked to another company.

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S.O.S.

It appears that it is NOT all smooth sailing over at Kimkins.  Apparently, the looming litigation has gotten a little too close for comfort for Ms. Diaz, just as if it were a giant iceberg sighting, dead ahead.

Desperate times call for desperate measures.

Heidi Diaz, without an attorney, was facing a certification hearing for the Kimkins Class Action Lawsuit on January 14th.

To avoid this, she has now filed for Chapter 11 Bankruptcy protection.  This drastic action is much like a call for help from a doomed ship.

What does this mean for the Class Action Lawsuit?  It means that the case in Riverside Court is on hold, and things will now play out in Bankruptcy Court.  But what about Bert Cottle?  Has he been paid for all services rendered or is Ms. Diaz trying to get out of that too?  What about the countersuit that she filed?

Not to worry though, Kimkins Class Action Lawsuit Attorney, John Tiedt, has made it clear that he isn’t about to give up on this, no matter what kind of stunts Ms. Diaz may pull next.

Stay tuned for the next installment in the continuing saga of the Kimkins Diet Scam.