EXHIBIT D 

Case 2:17-cv-04140-DWL Document 174-4 Filed 07/08/19 Page 1 of 3
1 (Pages 1 to 4)

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IN THE UNITED STATES BANKRUPTCY COURT

FOR THE DISTRICT OF WYOMING

Case No. 16-20002 Chapter 11

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In re:

DENNIS MEYER DANZIK,

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 2004 EXAMINATION

 DEPOSITION OF DENNIS M. DANZIK

 December 14 and 15, 2016

 11:27 a.m.

 Taken in behalf of Creditors CWT Canada and

Resource Recovery Corporation, pursuant to Order, and in

accordance with the applicable Federal Rules of Civil

Procedure, via Skype, before Merissa Racine, Registered

Diplomate Reporter and Notary Public in and for the

County of Laramie, State of Wyoming.

Page 2

1 APPEARANCES

2

For CWT Canada and Marcus Williams Young &

3 Resource Recovery Zimmermann

Corporation: 106 East Lincolnway

4 Suite 300

 BY: MR. BRADLEY T. HUNSICKER

5

 SCHLAM STONE & DOLAN

6 26 Broadway

 No. 19

7 New York, NY 10004

 BY: MR. JEFFREY EILENDER

8 MR. BRADLEY NASH

9 For Sigma Capital MR. PAUL HUNTER

Opportunity Fund: Attorney at Law

10 2616 Central Avenue

 Cheyenne, WY 82001

11

For the Debtor: LAW OFFICES OF KEN MCCARTNEY

12 P.O. Box 1364

 Cheyenne, WY 82003-1364

13 BY: MR. KEN MCCARTNEY

14 Also present BONNER LAW FIRM

telephonically: 1102 Beck Avenue

15 Cody, WY 82414

 BY: MR. NICHOLAS CRANDALL

16

17 INDEX TO EXAMINATION

 WITNESS: PAGE

18

 DENNIS M. DANZIK

19 BY MR. HUNSICKER 4

 BY MR. EILENDER 167

20 BY MR. HUNSICKER 280

 BY MR. EILENDER 281

21

22 INDEX TO EXHIBITS

23 NO. PAGE

24 1A 9/19/16 State of Delaware Entity 178

 Details

25 3 RDX Consolidate Financial Statements 229

 4 2012 Tax Credit Payments 201

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1 INDEX TO EXHIBITS (CONTINUED)

 NO. PAGE

2

 5 1/10/14 E-Mail to Ms. Blazar 208

3 6 Hometown Bank Account Documents 211

 7 U.S. Treasury Checks 213

4 8 Hometown Bank Statements 214

 11 String of E-Mails 221

5 12 9/6/14 Letter From Mr. Beeman 225

 13 Flow of Funds Analysis 237

6 16 Affidavit of Compliance of Dennis 255

 Danzik

7 19 5/6/16 E-Mail From Mr. Bogardus 265

 20 5/6/15 E-Mail From Mr. Bogardus 266

8 23 M2r Wire Instructions 262

 27 DEJA Ii 3/11/13 Letter Agreement 279

9 29 Exemplified Judgment 194

 34 Invoices 11

10 36 Summary of Expenses and Disbursements 12

 41 January 2016 Second Amended Mor 13

11 43 March 2016 Amended Mor 24

 44 April 2016 Mor 35

12 45 May 2016 Mor 39

 46 June 2016 Mor 51

13 47 July 2016 Mor 57

 48 August 2016 Mor 66

14 49 September 2016 Mor 73

 52 Proposed Chapter 11 Disclosure 99

15 Statement

 57 Summons in a Civil Action/Defamation 53

16 Complaint

17

18 MARKED QUESTION

19 Page Line

20 91 24

 119 23

21 174 21

 174 25

22 175 3

 177 24

23

24

25

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1 P R O C E E D I N G S

2 DENNIS M. DANZIK,

3 having been first duly sworn, was examined and testified

4 as follows, to-wit:

5 EXAMINATION

6 BY MR. HUNSICKER:

7 Q. Could you state your full name for the record,

8 please.

9 A. Dennis Meyer Danzik.

10 Q. Morning, Mr. Danzik. My name is Brad Hunsicker.

11 I'm the attorney for the CWT parties in this case.

12 We're appearing today for a 2004 Examination in your

13 bankruptcy proceeding. Have you given a deposition

14 before?

15 A. Yes.

16 Q. So you know the ground rules. I'll still lay

17 them out. This is somewhat unusual. We have multiple

18 parties. For the record we've got Paul Hunter here on

19 behalf of Sigma. He's appearing from my office.

20 We have Jeffrey Eilender and Bradley Nash from

21 the firm Schlam Stone and Dolan here appearing through

22 Skype in New York.

23 And you are appearing via Skype from Arizona, I

24 assume?

25 A. I am in Arizona today, yes.

Case 2:17-cv-04140-DWL Document 174-4 Filed 07/08/19 Page 2 of 3
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1 them being filed?

2 A. Yes.

3 Q. And did you sign all of those documents prior to

4 them being filed?

5 A. Yes.

6 Q. Do you have any additions, deletions, corrections

7 or revisions that you need to make to any of those

8 documents at this time?

9 A. Not that I'm aware of.

10 Q. And are those documents accurate and truthful?

11 A. To the best of my knowledge at this time, yes.

12 Q. I want to start by going through your monthly

13 operating reports, and I think that we'll go ahead and

14 we'll just start with the January 2016 Second Amended

15 Monthly Operating Report. It's pleading No. 129.

16 A. Okay.

17 Q. And it's going to be marked as Exhibit 41.

18 A. I've got to grab something out of my briefcase

19 because I'm missing a couple of those. I'll be right

20 back.

21 (Pause.)

22 A. All right. I'm back.

23 Q. Would you agree that the amount listed under

24 operations, the $6,465 number, would equal the sum of

25 all invoices you created in the month of January?

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1 A. One minute, please. 6,465, that's correct.

2 Q. Did you receive payment on any of these

3 receivables in January?

4 A. In where?

5 Q. In January. Did you receive payment?

6 A. No, I don't -- I don't think I did. I don't get

7 paid that quickly for work I do.

8 Q. And it looks like you started the month off with

9 $365 in cash; is that correct?

10 A. Correct.

11 Q. On page 4 --

12 A. Well, a little bit more than that because I put

13 $60 into the -- into my debtor in possession operating

14 account.

15 Q. Okay. And it looks like on page 4 of that

16 report, you're showing disbursements of around $2400; is

17 that correct?

18 A. That's correct.

19 Q. So if you only had $365 in your DIP account, and

20 you didn't receive any moneys from receivables in

21 January, where did the money come from to pay for these

22 disbursements?

23 A. Well, it was probably credit cards. And I'll

24 tell you that in just a second.

25 Yeah, most of that was on credit cards.

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1 Q. Okay. On disbursements you're showing estimated

2 federal taxes of roughly $1600; is that correct?

3 A. Yes, that's my estimated -- well, estimated for

4 each month.

5 Q. Was that a disbursement you actually made to the

6 IRS?

7 A. No.

8 Q. It looks like on your disbursement, I'm only

9 seeing one disbursement for food at Taco Bell. I'm

10 assuming that you had other meals in the month of

11 January. I'm wondering how you paid for those meals?

12 A. Well, typically I'll eat at one of the houses.

13 They have food there. I don't grocery shop.

14 Q. Let's -- When you said one of these houses, what

15 houses are you referring to?

16 A. Either the house in -- my home in Cody, or as it

17 is in the wintertime now, the rental house that my wife

18 has in Scottsdale.

19 Q. What's the address of the home in Cody?

20 A. 1334 Sunset Boulevard South.

21 Q. What's the address of the house in Arizona?

22 A. You know, I have no idea. It's on something San

23 Marcos Drive or something. It's in north Scottsdale --

24 or San Vincent or...

25 Q. And you're showing no utility expenses in the

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1 month of January; is that correct?

2 A. Yeah. My wife and I pay those alternating

3 depending on if it's insurance or, you know, whatever,

4 kind of split that stuff up.

5 Q. So some months you pay utilities in Wyoming and

6 Arizona, and some months your wife does?

7 A. I don't pay any of the utilities in Arizona.

8 None of the utilities are in my name.

9 Q. Again, you pay no utilities in Arizona, is that

10 your testimony?

11 A. I -- I don't have any utilities in my name in

12 Arizona, that I'm aware of. I handed all that over

13 years ago.

14 Q. And on this operating report here, your bank

15 statement shows an ending balance of $60; is that

16 correct?

17 A. Yeah. That was the opening month, that's

18 correct.

19 Q. On page 2 of the operating report, it shows an

20 ending cash balance of roughly $4400 though; isn't that

21 correct?

22 A. Well, that is accrual for the ending cash balance

23 for January 30th, I believe.

24 Q. So that's assuming that you had received all of

25 your receivables that you billed out that month?

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