Email about Phone conversation Thursday Jan 24, 2018
( 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,
Thank you for taking the time to speak with me today.
I explained one again how I came to this court to pay an arrearage, which I had on the mortgage on a property (155 Liberty Road) , the only debt I had.
I incorrectly filed a Chapter 7, missing documentation, that should not have been accepted by this court in the first place.
The case was converted to Chapter a Chapter 13 where we paid all that was required via sales of property in Chile. My attorney, although assuring me he would properly attend to court filings, filed ratification of these sales in a late manner.
Objections to the Chapter 13, by your office, the law firm of the Chapter 7 Trustee, and the creditor caused a return to a Chapter 7. The Chapter 7 trustee assured the court that the payment of the obligations, and the care of the estate could be best done by him.
At this hearing I presented, to the court, and to Neil Gordon, sales that were still pending in Chile. In conversation with Neil Gordon after the hearing I was given the impression that we could proceed with these sales, and save my business.
Instead the trustee moved quickly in a direction that would cause the greatest harm to the creditors, my estate, my business, and well being.
My, tenants were evicted, my business assets were given away, and 155 Liberty Road was quickly sold for a value below the mortgage amounts, thus creating unsecured credit for the first time.
This property could have been sold via a realtor for surplus value, paid the creditors, and without unsecured credit, ended the Chapter 7.
Instead these events caused me to loose council, a fear of life, and a homeless condition for myself, and son.
Since the real estate business is the only income source I have had, I was left in a situation where I had no income, and could not hire council.
I stressed the point that this is all legal, and that I don't see any laws violated with the exception of the trustee acting in a manner that is not to the benefit of the estate estate, and only serves to benefit administrative cost paid to the Trustee.
I have continued to implore the trustee to sell properties we have pending for sale with no response, I hired attorney, Ted Stapleton, to intercede, and still the trustee refuses to cooperate.
Weather knowingly or unknowingly, and in my opinion, the Trustee is working against the best interest of the estate, and in a manner that will only increase administrative cost.
Several months after the sale of the Liberty Road property, the Trustee presented me with an absolute power of attorney over the properties in Chile. Because of the manner in which he has acted it would be reckless on my part to sign such an agreement.
In the more than a year that has passed since the trustee took charge individual sales could have been conducted, with individual power of attorneys.
We could have been done with all these problems a year ago. Paid the debt, saved the property, and business, and avoided all the hardship that has come about!
Without regard to the political aspects that were presented to the court as to the motivation for this activity, what other motivation could there be for such a poor choices by the Trustee in his responsibility to pay the creditors, and the care for my estate?
I understand your position as one that guards against abuse, and I appreciate all you can do to find the correct solution to this problem.
Sincerely,
Claudio Avendano
.