You would think that when any debtor comes to bankruptcy court to pay his obligations he should be permitted to do so.
Unfortunately there is an incentive and ability designed into the law that permits a Chapter 7 Trustee to deplete the assets of the Debtor and not pay obligations. This flaw in the law must be corrected.
The Chapter 7 Trustee must be a salaried government position. There also must be an ability to recover punitive damages from a Trustee and his law firm when they are acting against the best interest of the Debtor's estate and Creditors.
There is a history of problems with Trustees. http://metroecho.com/Bankruptcy-Articles
Without fundamental changes and strong supervision, abuse problems will continue to arise.
To have those that are given the charge of "trust" over an estate, or a court that is titled “protection” to become a trap for those who are desperate, and in need of assistance is simply not right.
I present this story the best I can, and hopefully in a readable fashion. Most of this is available as court documentation and via the links below.
In order to set the stage, I think it is necessary to start with my political activities which led to the associated bankruptcy.
These events made me conclude that the only political problem there is, is corruption, and made me a dedicated activist for transparency. People that are in the habit of taking things that do not belong to them who use politics and the courts as tools for corruption, all while masking as pillars of society.
These issues are above the scope of my case, yet the previous failure to attend to them by those able to do so is the cause of the problems I now face.
In 2008 I became involved in Douglas County, Georgia politics.
In 2013 I was debt free when I purchased a seller financed property in Douglas county.
I built a business on the property when suspicious activity caused me to fall behind on my mortgage. The seller then wrongfully foreclosed, and I filed bankruptcy in order to have the time to pay my mortgage.
In a rush I mistakenly filed a Chapter 7 bankruptcy, but this was promptly converted to a Chapter 13.
I had far more assets than debt. While under Chapter 13, I followed my attorney's instructions, went to Chile to sell property and timely paid all the bankruptcy court asked me to pay.
In my absence, my attorney failed to file certain documents, the court then prevented me from continuing to pay under our Chapter 13 plan, and gave the case and my estate to a Chapter 7 Trustee for liquidation.
Instead of selling property we had ready for sale to pay my debt and preserve my business, the Trustee would work to reduce my entire estate into fees for his law firm.
The Trustee began by:
1. Abandoning my business and assets that could have been sold to pay debt.
3. Closed my tenants businesses, and evicted them.
4. Created unsecured debt where there was none.
5. Closed my business, and evicted us, causing us to leave the state because of personal threats arising from the circumstances.
The Trustee selected the precise path that would, not get the creditors paid, take the longest time and increase his administrative fees over a period of years.
This bankruptcy began with slightly over $25,657.00 of unpaid mortgage debt. We had pending sales that could have easily paid our debt, business income with tenants providing more than enough to pay any request made by the court.
The Trustee and the Court ignored the sales we had pending. The Trustee lied in court about refusing our petitions to sell to pending buyers, and is now working to reduce over 150 pieces of real estate in Chile into administrative fees.
The Trustee would not account for his fees, and will not give a pay-off amount. In June of 2019 the Court did require him to provide an estimate. He gave an estimate of his fees which came to over $500,000.00.
It is possible that this entire situation has political underpinnings. That my attorney and the Trustee have colluded to cause these events, not only to take my estate, but to cause the most harm as a form of intimidation, directed by political alliances in Douglas County, and the Georgia Republican party.
The Trustee has not complied with the 2019 Court order to inform the Debtor of the Case in Chile, and it is unclear as to the current status of over 150 lots of a subdivision in Chile with a value of over a million dollars.
https://www.house.gov/representatives/find-your-representative
https://www.senate.gov/general/contact_information/senators_cfm.cfm
https://www.justice.gov/ust/us-trustee-regions-and-offices
https://www.justice.gov/contact-us