Email Neil OUT BY NOVEMBER 7 will not wait till the hearing on the 21st
October 26 2017 TWO WEEK NOTICE
Dear Mr. Avendano:
I am sending the Order to you again. Please scroll down and you will see the email from the Trustee sent to you yesterday afternoon. Please confirm that you received this email.
Kind regards,
Pamela E. Bicknell
Paralegal
Arnall Golden Gregory LLP
171 17th Street, NW, Suite 2100
Atlanta, GA 30363-1031
P: 404.870.5618 | f: 404.439.1785
pamela.bicknell@agg.com
From: Bicknell, Pamela E.
Sent: Tuesday, October 25, 2016 10:43 AM
To: 'claudio@metroecho.com'
Cc: Gordon, Neil C.
Subject: RE: Tenant check, exempt property, abandoned property.
Dear Mr. Avendano:
Pursuant to Mr. Gordon's email below, attached please find the Judge's Order.
Pamela E. Bicknell
Paralegal
Arnall Golden Gregory LLP
171 17th Street, NW, Suite 2100
Atlanta, GA 30363-1031
P: 404.870.5618 | f: 404.439.1785
pamela.bicknell@agg.com
From: Gordon, Neil C.
Sent: Monday, October 24, 2016 3:35 PM
To: 'claudio@metroecho.com'; David.S.Weidenbaum@usdoj.gov
Cc: Bicknell, Pamela E.
Subject: RE: Tenant check, exempt property, abandoned property.
Mr. Avendano:
The court was clear that you have to be out of the Liberty Road property within two weeks from the entry date of the court order granting the trustee's motion to sell and for turnover that was heard on October 20th. The subject order was entered today. That gives you until the end of the day on November 7th to vacate the premises, leaving therein all fixtures and appurtenances. Anything else remaining will be discarded as proved for in the court order.
The requirement that you vacate the property is independent of what happens with respect to Timmons Circle. We will file an objection to your amended exemption claim today and schedule the hearing thereon to coincide with the hearing on November 21st on your motion to reconvert the case to chapter 7. I stated to you and the Court at the hearing on October 20th that I was agreeable to allowing you to move into the Timmons Circle property on a temporary basis. If the Court so orders, you might be able to stay there permanently, but there is no guarantee of that. Nor do you have the right to stay at Liberty Road until November 21st. If you are not out of Liberty Road on or before November 7th, we will have you forcibly evicted so the closing on the sale can take place. The tenant is moving out and the buyer is ready to close right now. Only your remaining presence will prevent or delay the closing at this point. You should have received directly from the tenant the $900 payment that I arranged. I know those funds will prove helpful.
Let me know if you have any other questions.
Neil C. Gordon
Arnall Golden Gregory LLP
404-873-8596
neil.gordon@agg.com
From: claudio@metroecho.com [mailto:claudio@metroecho.com]
Sent: Friday, October 21, 2016 11:52 AM
To: Gordon, Neil C.; David.S.Weidenbaum@usdoj.gov
Subject: Tenant check, exempt property, abandoned property.
Neil,
Please correct me it I am wrong.
To facilitate this sale and required vacancy, you will be preparing an order for the following.
Abandonment of all the estate property at Liberty road by the Trustee.
Approval of the change of the exempt property, schedule "c", Timmons Crircle, Villa Rica.
I am to wait till this is satisfied.
I am working on the Timmons property to make more it habitable. I do not want to improve the property and then you sell it. Nor do I wish to move property that now belongs to you, rather the estate.
It was not two months ago that you told me there would some time before you moved to sell Liberty Road, as it would be marketed by an agent and a regular sale.
I had hoped to resubmit my petition for conversion to Chapter 13 prior to this sale. I understand that this is not to your benefit, but we could have "cured by sale" either by you or the in Chapter 13. We would have made whole the mortgages and not have generated so much in unsecured credit where there was none. Also avoided the upcoming complications with sale of the remainder of the estate.
This is along with several other requests for information you may have on Gregory M. Daniel, how he came to you and what connections you might know of between him and the Creditor, Agents, or Attorneys of the Creditors.
I hope you don't mind that I protest, of your taking so much credit for your responsibility in this sale, the other prospect you had came from my attorney here in Douglasville, and the purchaser that was successful at auction were the tenants I brought to you, which you rejected at our previous hearing.
I will let you know when I get the check from the tenant.
Claudio Avendano