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ustrustee.program@usdoj.gov

Case 15-64523-pwb Doc 177 Filed 10/30/18 Entered 10/30/18 19:33:10 D

(DRAFT)I wanted again bring you attention to the fact that Neil Gordon's law firm had assisted me in the past with these properties in Chile and have attached a PDF of these communications. Since there is a conflict here I was hoping that you may reconsider selling  these via a Chapter 11.

I wanted to bring to your attention, the conduct of the Trustee in my case. At the conversion hearing, we were told that the Neil Gordon was best suited to deal with the proper administration of this case.

( he said he would talk to Neil Gordon and get back to me 2:00 monday, He was unable to contact neil and contacted him again on wendesday)  
 
Mr. Weidenbaum,

Doc 165 The total gross proceeds realized from the sale of the Property are $15,950.00. The Auctioneer has requested payment of his ten (10%) percent buyer’s premium in the amount of $1,450.00 and reimbursement of expenses in the amount of $1,250.00.
 doc-165-notice-of-hearing.pdf    doc-166-approval.pdf

Bill-  Thx Claudio firmly believes this is an equity case.  He says he will sign the required power(s) of attorney to give the Trustee the authority to sell individual lots until sufficient funds are realized to pay all obligations of the estate.  Perhaps you start with the contracts he has already provided?  This will save the estate from the expense of going forward with the ancillary proceeding in Chile.  Please discuss with Neil and advise.  Ted

El inmueble debe considerarse con exclusión de los lotes transferidos, todos

según el plano inscrito bajo el número 1071, del Registro de Propiedad del

 report of andy sale 054166807738.pdf

William, I find it impossible to hire an attorney for this case, and wanted to present to you sales that are pending to pay obligations. Please advise how you would like these sales presented to you. I think you will find that we can get a price of $10k to $15k per lot in any amount you require to pay these obligations.

I am adding this if it helps to make this situation more understandable
As best as I can understand, this court, and the Chapter 7 Trustee is charged to protect my estate, in order to pay creditors.
That the U.S. Trustee is there to oversee, in order to protect the estate that was given to the court for administration.
This is not working as advertised.
This case started with no unsecured debt, and unsecured assets were created so the entire estate could be liquidated, to the advantage of the Chapter 7 Trustee. 

David,
        As you know my current personal situation is difficult, I do not have a great deal of free time, and this took longer than expected. As you suggested, I wrote, and attached here, a list of all the requests I have made to sell these properties in Chile, as well as a brief re-cap of the situation.

Doc 150 FOREIGN REPRESENTATIVE ON BEHALF OF TH

I don't know what happened, but I got several emails only the other day from you all at once, and responded right away.
The last thing I wish to do is ignore this problem.   

January 5, 2017   employment of attorneys.pdf 

 November 24 new owners placed chains on the doors  complaint to police -  December 5-6  2016 permitted to move. 

Novenmer 23 2017  relief state rights.pdf 

November 11 2017 Notice of hearing   Doc 131 Relief of stay 

October 26 2017  TWO WEEK NOTICE 
Dear Mr. Avendano:
 

October 31 2016    Chapter 7 Trustees Interim report

October 20 2016  Trustee abandons business and everything on the property  abandonment .pdf

Octover 11, 2016 I file a DOC 120   Second motion to convert from 7 to 13.p

 9-26-2016 notice to sell.pdf The bidding shall commence at $415,000.00, the bid amount submitted by Purchaser. The initial overbid, if any, must be at least $427,000.00 (Purchaser’s bid plus the Overbid Protection Amount). at 10:00 A.M. on October 20, 2016.

Timmons and Andy  Over my objections Trustee is given approval to sell properties including my house by a recently employed Weeks farm machinery auction. 

CHAPTER 7 AUTHORITY TO SELL

TRUSTEES MOTION TO SELL

DEBTOR’S OPPOSITION TO MOTION FOR AUTHORITY TO (I) SELL PROPERTY OF THE ESTATE FREE AND CLEAR OF ALL LIENS, INTERESTS AND ENCUMBRANCES AND (II) DISBURSE CERTAIN PROCEEDS AT CLOSING. 

I came into bankruptcy to pay my obligations, not to discharge them! To have the opportunity to pay what I owe, what is wrong with that? It is clear that your intention is to invalidate our agreements and hinder my ability to pay these obligations, why?    

I spoke with Neil, earlier this week about this sale of the Timmons Cir. for 22k. What do I need to do to facilitate this transaction?

The buyer is Alen and Berit Nightingale, who live in Douglas county  offerd 20k Neil was not interested. 

Attorney Valdejulli files ratification of sales in Chile on the day of this hearing. States at the hearing the reason he did not file on time was because of his sisters death.  Case was converted at this hearing back to Chapter 7 because the ratifications were not timely done.

In hind sight we should have sold all the properties we had offers for and paid all obligations, but was advised against this by attorney.

Reconverted July 13 2016  

Paid to Creditors  17,674.75   Paid to Chapter 13 plan 4,375.00  Doc 90   054162209479 Motion to Ratify Sale of Lots in Chile 7-7-16.pdf

Order  http://metroecho.com/sites/default/files/page-files/re-conversion%20to%2...
The objection to Chapter 13 is attended by even students. A very considerable effort is made to liquidate all my assets. Clearly creditors will go to extremes to not be paid and the trustee to get work and fees.
054162204434 Obj to Conf 7-6-2016.pdf

Doc 70 order of March 9 hearing.pdf

Debtor shall pay Febuaray and March 2016 mortgage payments to Austin and Lawson no later than March 31, 2016, Hearing set for may 11 2016, we did as requsted. 

Billed by the Chaper 7 Trustee $11,848.00 plus, for a twenty minute meeting of creditors? It was my understanding that my attorney was to object to this but did not.  
compensation1.pdf     compensation2.PDF     
 

Details given in real time to attorney - Tasks needed to accomplish first sales. Proof of ownership, recorded deed Inscription with the internal revenue service Chile
Images     Retrival of ROL's      Sales and expenses of first sales    Lots sold spreadsheet 

Went directly from Santiago to La Serena where I was met at the airport by Patricio Alvia and Christian Mayer.  These individuals along with other realtors had buyers that intended buying several lots of this subdivision.

Began storeitorsellit.com, but would first need to go to Chile to pay off creditors. Can do one or the other, sell in Chile or operate this business at Liberty Road.  

Visit website and see the application storeitorsellit.com,

First payments into Chapter 13 plan    

Attorney Valdejulli amends schedule C and removes my house exception and is replaced by two rusted trucks? 
I later ask why, he said he expected the 13 to work out .  Amendment

Denied 

Valdejulli says to go ahead and generate income by leasing out the property, and we continue with the plan to sell properties in Chile.  I restart my shop, and find two business to rent rent  the property   

Began the creation of a storage application and business model using social media database technology.  

Told the complexity of my case was unaceptable by  two of the largest bankruptcy attorneys, and in a rush to file I incorrectly file pro se Chapter 7, thinking I can pay my obligations by doing so.