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5. Conversion to Chapter 13 R | metroecho.com

5. Conversion to Chapter 13 R

READ ALOUD CHAPTER_5

 I called most of the attorneys on the list that Clark and Washington had given  me. They all said they would not take my case against Neil Gordon, some would if I gave them a large retainer. There was too much money involved, and Neil was too powerful, he would get his way.

One attorney Richard Valdejulli was interested, he said he was not afraid of Neil. I met with him only days after my October 15 meeting with Neil Gordon. 

Valdejulli tells me how Neil Gordon's assurance of paying my debt and permitting me to continue with my business, is not what he will do. That Neil is in the habit of converting an estate into legal fees, that his behavior borders on evil. 

He says not to worry that he will convert this case into a Chapter 13 and I will be able to pay my mortgage   and continue with my business. Even better he will require no money up front and he will take his payment from the property sales we have pending in Chile.  

The case was converted to Chapter 13 by order entered on December 16, 2015, whereupon a fast track approach was requested by the Court to cure the default by sale of my properties.

Chapter 13

Chapter 13  started off hopeful.  

My new attorney told me I needed more income and suggested I lease out my building.

I did just that, I found tenants, and leased out the building, people moved in, a mechanic leased space and a garage was built. Also a utility service provider leased space for trucks, and office space.

http://metroecho.com/node/390

 



 

 http://metroecho.com/node/354

 The store-it-or-sell-it website was ready to go and I had customers ready to start leasing. 

 

March 9, 2016  Chapter 7 Trustee, Neil Gordon Files and is given $11,848,00, in compensation, the result of  a  20 minute conversation, or “meeting of creditors.” 

http://metroecho.com/node/332

I would later find it odd that Valdejulli did not object to this fee. 

The marketing efforts in Chile had paid off with sales now pending. I had agents that were generating buyers, and they were ready to assist me with my first sales.  

I first needed to overcome the legal requirements for me to sell my properties, and for that I would need to go to Chile.

March 9, 2016  We had a hearing in Court set for the day I was to travel to Chile, to sell property. I expressed my concern to my attorney that I would miss the hearing. 

Richard Valldejuli told me not to worry, he would take care of things at Court. He said, “you just go to Chile, and kick ass, I will take care of things here”  He even had offered to pay my ticket? I supposed that was because he would be paid well, but later I will find out there could have been an arrangement between Valdejulli and his friend Neil Gordon.     

Valdejulli told me he was friends with the Judge, and the Trustee, somehow that gave me confidence, but I will find that this can be a double edged knife.  

While in Chile we quickly complied with the requirements of the Chapter 13.  I timely paid all requested obligations by the Court. 

I had more sales that I could have closed, but Richard Valldejuli told me not to sell them, to stick to the Chapter 13 plan. These additional pending sales would have paid off all obligations, and in fact ended the bankruptcy since there would have been no outstanding debt left.

Between March and July of 2016, we made all payments required by the court, totaling to the amounts of $17,674.75 directly to the Creditors and $4,375.00 to the Chapter 13 Plan.

On June 23, 2016 Arnall Golden Gregory LLP (“AGG”), Jerry E. Austin and Lawson Realty, Inc. filed objections to the Chapter 13 plan. (Doc 84 Filed 06/23/16) An Objection is  also filed by Chapter 7 Trustee, Neil Gordon employed by W Arnall Golden Gregory LLP (“AGG”).

I had been in Chile selling properties, sending the money to pay obligations to my attorney. I was not told there was any issue with the case, my attorney had me understand all was well. I would later discover my attorney had appeared in Court twice before, and was told to file documentation of the sales, but he never filed with the Court the requested documentation.   

The aggressive stance of the objection, led with misleading statements presented to the Court, was further assisted by my attorney’s  failure to timely file documentation of the sales. The Chapter 13 plan was not confirmed. The Case was converted to Chapter 7 on July 13, 2016 , and the Trustee Neil Gordon was re-appointed on July 18, 2016  [Doc. No. 91] [Doc. No. 93]

The nature of the flaws of the Chapter 13 plan, could have been simply remedied. I had far more assets than what was owed, and had demonstrated I could “cure by sale” my obligations. This is not about a speculation of a potential sale, I demonstrated these sales were real, and had proven I could do this!

This situation keeps getting more, and more absurd. The creditors are going out of their way, not to get paid.  I worry, how big can this group behavior get. I imagine that the same situation I witnessed in Douglas County, where the Judge, District Attorney, Bail Bondsman and defense attorneys are all in the same pack, could also extend to a Federal Court.

Group behavior is the very nature of society, and groups can become very large. Clicks form in school yards, and as adults we form organizations to influence particular group agendas. 

In a free and democratic nation, these groups can be very influential. Groups can be far more successful if they are unseen and covert, this is not a conspiracy, it is a simple fact.

There is Justice, and there is Justice.

What motivated this conversion back to Chapter 7.

If an internal sale of the property can be conducted, with the aid of the Chapter 7 Trustee, the Creditor could manipulate a “straw buyer” and  get his property back, which now has a far higher value than when sold to me. Certain brotherhoods could also give each other favors through this process and go unnoticed. Of course, this would be a conspiracy and against the law.

I purchased 155 Liberty Road at the tail end of the 2008 crash, during difficult economic times. Part and parcel to the sales agreement was a 5% mortgage, provided by the seller. The purchase price was high, the value of the transaction, for me as the buyer, was in the mortgage offered by the seller. I weathered those difficult years, and now property values were rising, interest  rates would also be rising. Of course it would be to the advantage of the seller to push for any events that might prevent me from paying my obligations, and thereby causing me to lose the property to him.

Then maybe, it could also be that Jerry Austin is punishing me. Maybe I did something worth punishing. What?  Being against Foxhall?  Helping the election of Commissioner Ann Guider?  Working to Build River City?     Maybe they just want me out of town.  Maybe I am a little too dark for them, or they just don’t like the way I look. Without any proper investigation by authorities, all this  is nothing more than imagined speculation. I will find it is extremely difficult to get authorities to comment on this case  much less investigate.  

If there is an organized group this large, then there could also be political benefits for everyone involved.

If perchance the seller is an important local lord, then, all favors would be awarded.  

There is also the simple fact that there is a good deal of money involved. The administration of my estate by a Chapter 7 Trustee, if managed to favor legal fees, would provide years of income for the Trustee, and his law firm Arnall Golden Gregory LLP.

The primary aspect of any conspiracy is to remain hidden, you don’t tell anyone what is really going on, you don’t want anyone to take notice. If anyone claims a conspiracy, you scream absurdity, and madness. For this reason the larger the conspiracy the easier it is to hide. If people have never seen something, the further it is from normal, the more  difficult it is to accept it, and it is even more difficult to accept if it is a very large scale event.  

J. Edgar Hoover did not believe in organized crime until the results of it were very apparent across the nation. In Hoovers' case, depending on his motivation, he either did not believe, or pretended not to believe.

There could be many motivations that could explain why the Trustee, and the creditors wish to liquidate all I own, and there is no way of knowing what, or who - without a proper investigation.  

What is absolutely clear is that in a Chapter 7 all I have will be taken from me, and I will not be able to hire an attorney to defend my estate.  

If this is some sort of political attack, it is very effective.