Hearing Audio Transcript

courtroom 1401 pwb_20190618-1039_01d525c21bb8143e.mp3
courtroom 1401 pwb_20190618-1309_01d525d705ffec58.mp3
courtroom 1401 pwb_20190618-1421_01d525e129c615dc.mp3
 
 
 
 
 
3:00 Timmons abandoned 
5:00  16k made 38K of total to us 
Learned that insolvency in Chile was possible and wanted an irrevocable power of attorney.
Special council initroduced.
(Amounts he claims are wrong, all funds were sent to my attoirney)
Auctioneer in Chile only 2% 
Reserve price set ... too low 353. k  232M pesos
Understand that there is a new address and email works
Debtor comes in objects to value, presented property for sale, is someone prepared to 5M per lot...    
14:00  Gordon   Have recived no offers and
i asked a simple question, the answer is no,
do you have a written offer today.
this has been presented by theodore stapleton as well.
do you have a written offer from your purchaser today
i have the ones we have presented to him
is someone is ready to do the deal today
i do i'd have to have it printed out, these people have been weaiting for two years,
i dont understand
he refuses to take the sales
i just dont accept that
you dont believe that these offer have been presented
if someone wants to pay 5,000,000 dollars per lot, and they have gotten in touch with the trustee i can not imagine that htat has not been accepted, now if you want to produce evidence about that then come right up here and then we will have evidence about that and then i will hear from the trustee. and you can tell me what that is, and this case has been filed in 2015
Can I ask the trustee to be under oath
sure, mr gordon come on up here, we'll just have some evidence.
*Mr gordon takes the oath*
at our last hearing do you recall us having a converstation of me presenting sales to you
no
do you recall having been sent emails sent by me sent both to you and to the office of the trustee of a list of sales pending and wanting to buy from both me and the office of the trustee.
i think i saw an email of where i saw a proposal to sell a couple of lots, but we dont have the authority since you didnt sign the irevocable power of attorney
I would have signed them for each of these sales, the point is that there is a great deal of money...
Hold on, ask him questions and then we have your testimony
do you recall having email exchanges with theodore stapleton, an attorney who was trying to get you to sell these properties, presenting you these properties ready for sale
i had a conversation..
emails
i dont remember the emails, i had a converstation with stapleton but he wasnt willing to enter an apperance in the case on your behalf so i ceased com. with him.
well i have sent you several times, i have called, i have asked
mr avendano ask him a question
why would you not take these sases we have been offering you
Because we have ansullary preceding pending, in Chile, Santiago Chile, everything has to be approved by that court,. that court is not approving these individual sales, it is the determination of the Trustee and the trustees advisors and councelors that this property would best be sold, I am not talking about gross prpceeds  I am talking about net sales proceeds proceeds  would be greater  if we sold them, and  administative cost which you may not understand, but I am talking about attornies fees and everything else  would be a lot less if we could sell these in bulk as an assembldeg with one action and not sell them piece mill which could cause the best lots to be  pulled out and leave the rest of the assemblage to be worth far less than it should be 
How much money was due after you sold the liberty Rd property? 
We are not here about Liberty Rd, I don't recall 
 Just answer, you have a lawyer who could object if he wants to, other wise just answer the question.
The question was how much was owed after you sold.
Objection yout honour relevance 
 Overruled , goes to how much is owed ... what are we here about thats part of the problem 
The Liberty rd property the commercial building did not...
Whats the unsecured deficency?   Thats the question 
 
The proof of claim was amended by  Mr Harrison he's here hes got the exact figures but approximately  Jerry E Austin there is a balance of 226,411 to Lawson Realty Inc 28 496 .6 
So its about 250,0000
claims douglas county tax comissioner 
Is ther any dipute to that about   
how can ?     ... review  
 
Yes there is a dispute 
How much do you think is owed  
Never mind 
Is ther an objection pending 
21:00   Valdejulli objection to the claim Judge says this must be resolved 
You know of assets abandoned 45k in clothing inventory ... 
I did not presentt anything like that.
 Hold on ... Mr Gordon was the 45K  of inventoy listed 
I don't recall that, but your honer went through this at a prior hearing   
Mr Gordon I did not ask what I went through on a prior hearing .
I dont have the scheduels in front of me. I don't recall
Were you aware that there was inventory 
Yes I went to his place of business 
Do you recall what the value was 
It was claimed to be worth about 10 percent of what he just said 
Did you investigate the inventory - yes I saw it 
Did you determin if it had any value to the estate 
I determied it did not 
Well its un-true
1000 suit garments which you saw -  I did not see that .
Do you know where they are ... they were abandoned  
Once I abandon I dont administer I abandon back to you.
24:00   My point is that if he had sold assets this case would have ended and the reason he did not sell these assets ... stoped by the judge 
Well you can testify about that 
 Since they still show up on the statement, would you remove them.  
That not for me to do, has nothing to do with me . 
Your job is not to explain your job is to answer questions.... 
We would let you make a living by keeping your tailord goos ...(BULL )
I don't recall ever asking to keep the inventory.
Do you have evidence to display to this court where I ask to keep this inventory? 
Just stop!
Long pause 
You honour I belibe there was a notice of abandonment  of inventory and tools  of the tailor shop, I can't find it 
Long pause 
27:30  I belive its docket 123 Oct 20 2016
repot filed oct 30 2018 states inventory mens suits 45k value determined by the trustee then it says funds recived by the estate zero
What does this have to do with this case 
Because he could have sold that prior and paid off all the debt.
Did you want him to sell it.
Of course, I wanted the debt paid, I did not want the proceeding to continue, the wealth ;....  Judge cuts short
STOP!     Just answer my question then I will deal with what ever you want to argue.
Pause 
Allright there is a notice of abandonment filed on october 20 2016 Dco 123
It says the Trustee proposed to abandon all assets of debtors tailoring and custom clothier business and all other personal clothing and househo;d goods  end quote  
No objection, it may show up on the report maybe that is sloppy, I dont know why its still there , but its abandoned end of discussion. And 45k would not pay 250k 
We could have paid the rest with the sales we were presenting to him which he says we did not present.
 Ask question 
The purchaser that bought the liberty road property do you remember who that was?
   
We are not going to talk abou the liberty road property... that is done 
The issue is how we are going to sell the Chlean property.
My argument is that he is creating a situation, wher the propertyis not being sold, he is not accepting our offers for sale, and creating a situaion in order to enhance his administration fees.
32:00   Ask him a Question STOP STOP
Judge directs the question to Neil Gordon   Have you recived any offer to purchase the property in Chile? - I have not