3rd Letter to US Trustee
Re: Chapter 7 case Case 15-64523 properties ready for sale.
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Mon 16:21
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I am re-sending this email as I have received no response.
Please advise.
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.
The U.S Trustee should have objected and never permitted this case as a Chapter 7, because no taxes were filed and the counseling was not preformed as required. This was pointed out by the Chapter 13 Trustee. These regulations and standards are there to protect the fool, as I am, and was, from involvement with this law in error.
Then since the case was nonetheless converted to Chapter 13 the court should have let the creditor continue paying his obligations under that chapter since he did so as requested by the court, and would have continued to do so to cure the original default. The estate would have been left intact.
There was no reason for this case to be reconverted to a Chapter 7. I, the creditor was able to pay, and demonstrated I could pay all obligations given any reasonable requirement to do so under Chapter 13.
The conversion to Chapter 7 created a situation where I, the creditor would loose his attorney, he would be made homeless, no longer have access to his income source, and be unable to pay for legal representation.
This would leave the estate ready to be destroyed and consumed by the Chapter 7 Trustee.
Although I have made every attempt, in petitions, memorandums, to the court and emails to the US Trustee
If a mistake is made by a creditor, how can a situation like this be permitted to take such and advantage of a bad situation.
This situation, this case, is about punishment for political reasons, not about justice in any true sense.
Att:
I hope you might review this case as it is simply wrong.
It is difficult to understand how first this case could have been ever prosecuted as a Chapter 7.
As a Chapter 13 it would have preserved the estate and paid creditors.
Granted the initial error on my part was filing of the Chapter 7, but this was then spun to the benefit of the trustee and the creditor with no regard to the estate.
Sincerely,
Claudio Avendano
Sent today to, david.s.weidenbaum@usdoj.gov
David,
In summary, I called you to see if you could assist in getting permission to sell properties in Chile to pay and end this bankruptcy.
You told me to make a list of the times I had requested permission to sell this properties. I did that and sent you that list. I called you again to see if you had received my list and you told me you had not time to look at it carefully and would get back to me.
You have not responded.
As you can note by this list of requests I sent you, it has been pointless for me to ask, as it is always ignored.
You also stated to me in our last phone conversation that you could not give me legal advise.
I am not contacting you for legal advise. I am contacting you because it is my understanding that you oversee this court and what is going on is wrong.
You have been to each of the hearings in this case and have seen first hand the destruction of my business, the sale of my property without advertisement to the public at a price far below value, the steady obliteration of my estate, I need not go on, as all this and more has been presented to you and the court several tines.
As you know this case was converted to a Chapter 13 and we were well on our way to pay what was required. Your investigation should have focused on...
Why we were prevented for paying this obligation.
Why the property was quickly sold and unsecured creditors created.
To whom the property was sold to and any connections to the creditors the buyers may have had.
In addition in January, Attorney Jack Spain contacted you to see about converting this case to a Chapter 11 and you told him you would oppose this action. You gave no reason for your objection, you only told him to read the transcript, which he did. He found no reason for your objection other than my not filing taxes. But is then not reason for not permitting this as a Chapter 7 case? To the best of my knowledge there is nothing wrong with not filing taxes if there is no tax liability.
What you did do with your opposition to the Chapter 11 is make certain that Jack Spain would not touch this case.
I have been urged to go to Chile and sell properties. I will not without court permission!
Please correct this matter, see the injustice that it has caused and will cause.
As you and I both know this case has created a situation where no attorney will touch this case on my behalf. Only you, along with this court, is the only instrument that can correct this wrong situation.
Below is a communication I had with the persons that are in charge of the pending sales in Chile. He said "They feel that the attorneys in Chile are conspiring to take these properties for nothing."
[10:39:07 AM] Claudio Avendano: Si vendo sin permiso me persiguen para el resto de mi vida.
[10:39:21 AM] CRISTHIAN: aca se van a arreglar entre elos y te van a cagar esa es la rabia que me da
[10:39:28 AM] CRISTHIAN: y no puedo hacer nada para eviatrlo
[10:39:44 AM] CRISTHIAN: aca no te pueden perseguir claudio
[10:39:55 AM] CRISTHIAN: no hay extradición por una quiebra
[10:40:01 AM] CRISTHIAN: pero bueno, ya esta
[10:40:25 AM] Claudio Avendano: ufff
[10:40:28 AM] CRISTHIAN: aca están ellos, callados, arreglando todo a puertas cerradas
[10:40:35 AM] CRISTHIAN: no dicen nada
[10:41:16 AM] CRISTHIAN: seguro se van a acomodar para quedarse con todo muy barato,
[11:04:53 AM] Claudio Avendano: Es un crimen!!! Si vendo sin permiso, me persiguen para el resto de mi vida!!! Hay arto dinero envolucrado aqui lo que es nessesario es un abogado alli que haga la peticion para vender y pagar deuda!!!
Sincerely,
Claudio Avendano
David,
Checking to see if you had received this email and if you had any further advice for me.
Claudio
On 2017-05-19 11:07, claudio@metroecho.com wrote:
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.
My point of view on all this simple, I made a mistake in filing. I trusted that what was obvious would be true. That since I had the ability to pay, I would pay my debt and then I could continue my business.
I was not permitted to continue with the Chapter 13, other than a mistake by Valdejulli, I understand that could have been remedied, I do not understand why. In Chapter 13 I did as I was told, I paid what was requested of me, and I could have easily paid all the debt at that time.
The political situation I described in this case lacks events that I now can see relate to the recent revelations of Russian meddling. This has a far darker side that I don't even like the thought or implication of.
I like philosophy, and now I think we are a primitive people. My problems are small by comparison. We have failed the Socratic notion of justice, with a law that applies to all equally. This was the greatest nation on earth, instead, it now appears I live in a fascist state, where "justice is nothing but the advantage of the stronger".
Thank you for your advice,
Please forward PDF as you see fit.
Claudio
