At the hearing of June 23, 2016, Arnall Golden Gregory LLP (“AGG”), Jerry E. Austin and Lawson Realty, and Chapter 7 Trustee, Neil Gordon won their objection to our Chapter 13 plan. Although everything had been paid on time, supposedly because of my attorney failing to file documents my estate and business would now be liquidated.
The Chapter 7 Trustee was re-appointed on July 18, 2016. After the conversion, and return to Chapter 7, my attorney, Valdejulli, says to me, “you will be raped by Neil Gordon,” and “do everything Neil tells you to do.” He then writes a letter to Neil Gordon to tell him that I will be dealing directly with the Trustee, after which Valdejulli becomes very difficult to get on the phone.
Although the Trustee had said in Court that he would keep my property and preserve the business, he will quickly do the opposite.
Real estate was my business and livelihood, without my properties I am prevented from my work and will lose the ability to make a living at the only real work I have ever had.
The Trustee will promptly abandon my tailoring business, tenants, and the
store it or sell it dot com web platform. By abandoning these he has set the stage to sell the Liberty road property, and if he can sell it for less than the mortgage, he then can continue the bankrupcy and sell the property in Chile, all while generating fees for himself.
He will abandon my inventory, customer storage items, tenant leases, and many other assets that could have been used to pay debt.
The Trustee will proceed in a course that will NOT PAY THE CREDITORS. HE WILL FOLLOW A PATH THAT WILL TAKE THE LONGEST AMOUNT OF TIME, AND INCREASE HIS ADMINISTRATIVE COSTS. THE ONLY ENTITY THAT WILL BENEFIT FROM THE TRUSTEES ACTIONS - WILL BE THE TRUSTEE AND HIS LAW FIRM.
I speak with the Trustee about getting the properties we have ready for sale in Chile sold, but he will not act.
On August 9, 2016, Neil Gordon (Chapter 7 Trustee), filed a MOTION FOR AUTHORITY TO SELL, two of my other properties in Villa Rica, Georgia, by a farm equipment auction house in Moultrie, Georgia. When I tried to locate the auctioneer I found he was not yet established. One of these properties was used by my son and I, as our bathroom shower.
On August 17, 2016 I spoke with the sellers attorney, Victor Harrison, to see what accommodations can be reached to settle this case. Victor tells me that he can not negotiate with me since Richard Valldejuli is counsel of record in my case.
On the morning of August 18 2016, I sent an email to the creditor Jerry Austin. I state various reasons why it would be best to settle this case rather than to continue litigation. Jerry Austin calls me back that same day, he sounds willing, and tells me to contact his attorney to see what accommodations can be reached.
This same day August 18, 2016 in the afternoon, Neil Gordon sends an urgent email to Richard Valldejuli, where he falsely claims he is unable to contact me. The email states that he, Neil Gordon, will be coming on Tuesday, with Victor Harrison, and Victors Harrison's agent Mike Patterson to change the locks on the property at, 155 Liberty Road, where I am living with my son.
In a phone conversation with Pamela Brickland, Neil Gordon’s paralegal, she claims they have the right to take over my business, and will proceed despite my objections.
I had understood that the Trustee needed to make a request to the court prior to taking over my business. No such request was ever filed.
It is not logical to me that this is happening, I am still hopeful that we can sell the properties in Chile, and pay off the creditors, keep my business, and my tenants. The Trustee, Neil Gordon had told us in Court that he was the best solution for the sales in Chile. He had told me that he would save the Liberty Road property, but apprantly is doing the opposite. Still there is no reaction from Neil Gordon on the pending sales we have ready for sale in Chile.
Tuesday August 23, 2016, over my objections, 4 persons arrive at 155 Liberty Road to change locks, Neil Gordon (Chapter 7 Trustee), Pamela Bicknell (Assistant to Neil Gordon), Victor Harrison (Attorney for the Creditors), and Mike Patterson (Agent of Victor Harrison) are present.
At this time I have the first opportunity to speak face to face with Victor Harrison. He again tells me he can not negotiate with me unless Valldejuli, the attorney of record withdraws. I explain to Victor Harrison that I will withdraw my attorney first thing in the morning, so that we can come to a settlement.
I am also told by Neil Gordon, and the realtor, that the property will be advertised, and sold by a realtor. That Liberty Road will not be sold at auction, this will not be a true statement.
The following day August 24, 2016 I traveled into Atlanta to sign documents for the withdrawal of counsel, Richard Valldejuli. Valdejulli tells me his withdrawal from the case will be temporary, he says he will come back as council. Later, he will refuse to return to the case, and I will be left without legal representation in this most complicated case.
Two days later...
On August 26,2016 Neil Gordon, Chapter 7 Trustee, proposed to sell the property at, 155 Liberty Road, Villa Rica, Douglas County, Georgia.
The proposed sale is an all cash sale price of $415,000.00, with $350,000.00 distributed to Jerry E. Austin in partial payment of his mortgage note, with the balance of net sale proceeds held in reserve by the Estate. (kept by the Trustee)
This potential sale comes out of thin air, the property had not been advertised, or appraised. The sale is proposed to a Douglas County resident Gregory M. Daniel, a potential agent of the Seller.
It is unclear if the purchaser Gregory M. Daniel is related to Randy Daniel, the Douglas County coroner that offered to pay his opponent to abandon her political challenge. If there is a relation between the buyer and this political group in Douglas county, this sale may lead back to the seller/creditor.
The Trustee intends to keep $60,000.00 of the proposed sale, He will actually keep $95,000.00.
On August 31, 2016 I made several phone calls and sent several emails to both Jerry Austin (principal creditor) and Victor Harrison (attorney) to establish some form of negotiated settlement. Victor Harrison, the seller's attorney refused to negotiate any settlement of this case.
Not to say there is corruption, but there has been known to be. The mechanics of all judicial activity lends itself to corruption, and must have public supervision.
In the same way the Douglas county Judicial system could be compromised if you have it's participants as close friends. Instead a judicial process should have an impartial Judge, and its litigants be as adversaries. There is a potential problem when my attorney is close friends with both the Judge, and the Trustee.
There are several issues with this court that are well documented.
In this particular case this is what could be a possibility.
The seller/creditor approaches the Trustee for assistance, the Trustee is uncertain of the value of the properties in Chile. He talks to his friend Valdejulli, and agrees that I should go to Chile, sell properties to prove they are real, and identify them, but not to sell enough to end the case. This might be a reason Valdejulli would take the case for no money, and even be willing to pay for my ticket to Chile.
It could also be the reason why Valdejulli would tell me not to sell the remaining sales we had pending while I was in Chile, and fully pay the debt, which would have ended the case altogether.
All these speculations are the reason the Department of Justice, which is charged with the supervision of this Court, should aggressively investigate the behavior of a Trustee when there is any appearance of wrongdoing. I will find that it is very difficult to get the Department of Justice to investigate, and that after much insistence all one will get is a letter of exoneration. It's almost like asking a criminal organization to investigate themselves.
September 9, 2016 I showed the property to Jarrod Plunkett and he proposed to lease the property. This lease would pay the mortgage, and save the Liberty Road property that houses our business, the tenants we have, and we could then sell property in Chile to pay any other obligations. The Chapter 7 Trustee refuses this offer.
October 11, 2016 -Now without an attorney, I file (pro se) a second request for this case to be converted to a Chapter 13, I hope to be allowed to continue the sales in Chile, and pay my debt.
October 20 2016 - There is a Hearing for the sale of the property. The Judge approves the auction and orders it be held in a separate courtroom on the same day and sold. Although I objected, and I was hoping for a hearing on the motion for a return to Chapter 13, instead the property was sold that day. I have no clue what happened.
October 24 2016 - Order approving sale of 155 Liberty Road done prior to the hearing to re-convert!
The Liberty road property is sold to Plunkett for $475,000.00 with $380,000.00 paid to Creditor Jerry Austin.
THIS WOULD LEAVE $95,000.00 WITH THE TRUSTEE AND NOT PAYED TO THE CREDITORS
THIS SALE WILL CREATE UNSECURED CREDITORS FOR THE FIRST TIME! NOW PERMITTING THE TRUSTEE TO CONTINUE TO CHARGE ADMINISTRATION FEES, AN SELL FURTHER ASSETS ACCORDING TO THE STATUTE.
The order of the coming events will be dictated by the Trustee. These events will turn out to never fully pay debt, generate further debt, and quickly take all I had away from me. They will create conditions that will leave me with no source of income, no way to hire an attorney, force my son, and me to leave the state.
If I were permitted to sell my properties, I could have quickly paid my obligations. I have demonstrated that I can quickly sell my property. We have tenants that are paying their rents, and have established businesses. They will need to move, and lose all they have built.
It is absurd that a court, describing itself as “bankruptcy protection,” would permit such a thing.