August 29 2016 Emails Austin & Lawson - To negotiate settlement
Eddie and Jerry,
My last email to you was intended to find some better solution than continuing on this legal path we are set on. As of that email, we have added even more work for the legal people involved.
I hope you both understand that we had converted this to Chapter 13 and I had gone to Chile in order to pay what was due you. Instead your attorneys along with the Chapter 7 trusteed forced this back to into Chapter 7 liquidation. This was based on the understanding that a Chapter 7 trustee (Neil Gordon)was better qualified to get you paid. At the time of the hearing I had paid all that the court had required of me and was to return to Chile to continue with sales, thereby paying all that was behind in our agreement. How could someone else do a better job than what was done and required? In fact now everything is delayed, and legal costs mount.
Worse is that the money that I was able to pay you will need to be returned to the Chapter 7 trustee.
It is now costing both of us $500.00+ per hour to find out that this can not be done this way. After an hour long conversation with Neil Gordon, I don't think he will be able to sell the properties in Chile at all.
A few days ago, in an apparent rush, a meeting with locksmith is called that included a realtor, Neil Gordon, his assistant, and your attorney. How many hours of billable legal expenses was that???
You are pushing to sell the only two properties i have by someone that is not even a real estate auctioneer, he sells farm equipment. Andy Mountain and Timmons Circle are of insignificant value and are more liability than value.
This sale would have no effect other that to complicate matters worse, I do not want these properties sold. I am the person that want's to pay you far more for the Liberty road property than it will sell for at auction or otherwise. I am only asking to pay you for what I had agreed, permitting me to continue with my business plans.
Why are we not selling the properties in Chile, since we have buyers for them ready and waiting?
We have three choices
1. Not sell the property in Chile, hire a new attorney, make the income required to take this back to Chapter 13, prolonging this with a payment plan.
2. Make an agreement with you so I might go to Chile, pay what is due to you, and returning to my business.
3. Stay in Chapter 7, loose my business, and watch myself become homeless.
Even Victor Harrison, noted that my attorney was verging on mal practice, there are many aspects that have not been noted to the court. I have a business that can support a payment plan. But, I can't do both, travel to Chile to pay you, and run my business. http://storeitorsellit.com/
I WAS MY OPINION THAT YOU WANTED TO BE PAID BACK QUICKLY, THAT IS WHY I WENT TO CHILE. OTHERWISE I WOULD HAVE STAYED HERE AND JUST RUN MY BUSINESS.
I tried to speak with your attorney, but was told he would not talk to me since I had an attorney of record, but I no longer do.
My attorney has withdrawn and I hope that now we can discuss a better more reasonable path through this difficult situation.
Sincerely,
Claudio Avendano 404 520 3333
P.S. Panelists also discussed the “strange anomaly” in bankruptcy court where in many cases professionals charge $700 or $800 per hour until all the money is bled out of the bankruptcy estate and then they just close the case.
From... http://ceflawyers.com/2015/10/06/defending-professional-liability-claims-in-bankruptcy-court/