Brothers, why would I need to fear my county?
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THE UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION CLAUDIO PABLO AVENDANO, CASE NO. 15-64523-PWB Explanatory letter to Judge Paul Bonapfel Bankruptcy corruption articles I send this email to you so that you may be aware of a particular bankruptcy case, and political events that in combination may point to issues you may wish to be aware of. We are fortunate to live in a Democracy that is based on equality of opportunity. Tyranny is the opposite form of government, and historically by far the most prevalent. The concept or one group seeking privilege over another, is as old as Moses. There will always be people attempting to take advantage of other people. Most people do not give democracy a second thought. They see democracy as a static concept, and take it for granted. In fact democracy is a constant conflict between freedom and tyranny. The freedom we enjoy is either eroded or advanced by small everyday events and choices. It is this process we call government, both local, and federal. When we become aware of problems we can either act to defend democracy, and freedom or stand aside and do nothing. This is an account of one such small event, which may demonstrate how the court system could be used to subvert democracy, and bolster tyrannical groups of power. We tend to forget this is a common activity of people who are constantly attempting to have privilege over others. This account is about local political activities, potential Russian intervention and collusion, and the associated bankruptcy to the events. The political, and Russian aspects, may be very important and we should be aware of these issues. Yet, the focus of this letter is to bring attention to problems with the bankruptcy court and find ways to correct them. That never would an inadvertent creditor be placed in such a situation. I hope you will you will consider this account, and make others aware so that changes to this law will come about. There is too much potential for abuse by Trustees in bankruptcy cases. There are many legal incentives for Trustees to misbehave with the estates they are entrusted with. Without fundamental changes and strong supervision, abuse problems will always arise. To have those that are given the charge of "trust" over an estate, or a court that is titled “protection” to become a trap for those who are desperate, and in need of assistance is simply not right. There is a history of problems with Trustees. http://metroecho.com/Bankruptcy-Articles These issues are above the scope of my case, yet the previous failure to attend to them by those able to do so is the cause of the problems I now face. I have here presented this story the best I can, and hopefully in a readable fashion. Most all of this has been documented in court, and is available as court documentation. http://metroecho.com/bankruptcynotes
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The Short Version
I became involved in politics (2012) in Douglas County Georgia. I was debt free. I purchased a property in that same county, where the seller gave me a mortgage. I built a business on the property, suspicious activity caused me to fall behind on my mortgage. The seller foreclosed, and I filed bankruptcy in order to have the time to pay my mortgage. I had far more assets than debt, I paid (on time), all the bankruptcy court asked me to pay. The court prevented me from continuing to pay under a Chapter 13, and gave the case to a Chapter 7 Trustee for liquidation. Instead of selling property we had ready for sale, the Trustee chose a path that would... 1. Cause the most harm to my estate. 2. Abandoned assets that could have been sold to pay debt 2. Created unsecured debt where there was none. 3. Closed my tenants businesses, and evicted them. 4. Closed my business, and evicted us, and causing us to leave leave the state because of personal threats arising from the circumstances. The Trustee selected the precise path that would take the longest time, not get the creditors paid, and increase his administrative fees. I was also evicted, and had to leave the state because of personal threats. This bankruptcy began with slightly over $30,000.00 of unpaid mortgage debt, that could have easily been paid by sales we had pending. Instead the Trustee ignored those sales and is now working to reduce to nothing over 160 pieces of real estate valued at over 3 million dollars into administrative fees. The Trustee will not account for his fees, will not attend to sales we present to him, and will not give a pay-off amount. There is a possibility that this entire situation could have had political underpinnings.
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1. Political 2008 - 2016 In 2008, I closed my business in Chile, I came back home to Georgia. I bought a home in the City of Villa Rica, and settled in. I was concerned with the direction America was moving toward. The internet was propagating, and people were learning to use it. This new freedom of information was dangerous, and I felt it would disrupt society. I became involved in politics, for the first time. I joined the Ron Paul for president campaign of 2008. Then, in the 2012 campaign, I became involved, with the Republican party of Douglas, Carroll, and Cobb counties. I was a delegate of the 13th district of Georgia. This convention was nullified by the state for not following proper procedures, with significant violations of rules and regulations. This was the only convention that had to be redone by state officials. I would begin to understand that our democracy was far less democratic than I had believed before. In 2012, something was wrong with the Ron Paul campaign in Georgia. They refused to build a database of interested new people, they would only use Facebook, they kept those sites either closed or private, and they would not allow door to door canvassing. There was also a Russian guy, that for some unknown reason, had an elevated position in the campaign. Something that today, makes me rethink the whole situation in Russian terms. It was becoming clear to me that there was a power structure working behind the scenes, for alternate purposes. In Georgia, the Ron Paul movement was run by an established group that would use the momentum created to motivate voters to elect local politicians who had nothing to do with the movement. They would only pretend to be with Ron Paul movement, while in actuality having an agenda to maintain the local Republican power structure. This was the start of the Alt-Right movement. A movement based on a return to the precepts of our Constitution, of sound monetary policy, and of control of the Federal Reserve. What I noticed, was that although these were the talking points, the actual individuals that were in control were in no way interested in any change. Around March of 2012, because of my political involvement, I was befriended by a retired Los Angeles County Deputy, who shall be called “Retired Deputy”. Not the typical person that would wish to be my friend, and he was very motivated to become my close friend. I was becoming aware of corrupt anomalies of the local republican political organisation. In one conversation about these abnormalities with my new friend the “Retired Deputy”, I was told that because of what I knew my life may be in danger. At the time I found this comment very odd. I did not think I really knew anything of any value, to warrant anyone wanting to kill me. Today, I think the Ron Paul campaign (Georgia) was fake, and simply a way to sing shot a separate agenda under the guise of conservative values. For the local county participants, it appeared to me, that the goal was to take 40 million dollars of county funds, for private use. Not that there's anything wrong with that, for as it turns out that’s what politics is for. This also is not to say Ron Paul was involved with this local money project, but the Ron Paul agenda provided the cover, and would be used for local, and more personal goals. Note to everyone, these situations are far more prevelant than I had ever considered. In 2014 Douglas County District Attorney David McDade, know by defense attorneys as "Teflon D.A.", resigns under a grand jury investigation. Also that same year, candidate for solicitor Matthew Krull, defense attorney Ed Napier, and individuals from Best Bonds, bail bonds company, take over the Douglas Republican party. Matthew Krull will run for solicitor, and win. It was my opinion that having these close relations in these elected positions would create a conflict for justice in the county. Since the Douglas County coroner Randy Daniel, was also part of this close click, this could get even more conflictive. I had spoken with his Democratic opponent Sandra Dawson, and was told most attorneys would not bother to try cases in Douglas County. Douglas is just west of Atlanta, and still has quite a bit of old style prejudice. On I-20 west as you drive into the county you will see the tallest building in the county, the County Jail. A testament to incarceration as a primary business of the County. At the Republican party meetings, they tell a story with pride, about a black man apprehended just inside county lines, that says, “ Oh God, I thought I was in Fulton”. This to describe how well known Douglas County is for being harsh to offenders, as opposed to the other Atlanta Counties. I suggest that the “Oh God” is because it is well known how justice works in Douglas. I point out this tendency to prejudice, because I do not know for certain what is the root cause of the situation I will describe. But, certainly one possible cause would be prejudice. A most valued lesson I learned from my involvement in politics was “ALL POLITICS ARE LOCAL”. Society is stratified, and one of those strata is your local political community. Local politics is formed by tight knit groups, they tend to defend established positions of employment, and economic privilege. They will work together to prevent any real democratic activity. In worst cases, they will evolve into organized criminal activity, with captains, and lieutenants, to enforce the power structure. The three most vital aspects of these political groups are, 1. To take advantage of the system for the benefit of the group 2. To appear as the good guys to the population at large. 3. To pretend an adversarial position to one another.
This is politics 101 - Machiavellian justice requires that you be good to your own, and harm all others. Act as the good guy, but in actuality take advantage of the community. Like a magic trick you distract the public focus away from what you are doing. Terror and crime is an excellent theme to use for this distraction, and if there is no crime, you invent crime. You can’t have strong government without a some perceived need, and the best need is the fear of crime. There are also immigrants, racial differences, and many other distractions that can be useful. In Douglas, if the only way you have of making money is the jail, everyone starts looking like a criminal. The key is to keep everyone away from the political process. In all elections make certain your people present both of the choices, that way you can’t lose. There is no good, or bad to things, there is no black, or white, there is only who has power, and how to keep it. Ron Paul was perfect for this strategy, his movement would add an idealistic, populist, and radical bend to the Republican base. Voters would chase a freedom carrot, they would be told of a revolution for freedom, but all would be the opposite. In fact they would be in the firm hands of a very well established Republican party, they would have less freedom, and be taxed even more. It is surprising how well lies will work, if you repeat a lie enough people will believe it. There was no hope of any revolution, this was a proposal for quite the opposite of intentions. This was the start of the alt- right movement, they would all be duped. This movement came off the back of Ron Paul and the freedom movement, it was based on conspiracies, and false libertarian economics. They wanted to break up the federal reserve, close down the state department, the department of education, and shrink the government. What could be better for the Putin’s Russia? Of course the Russians would back, or possibly even create, this entire movement. Remember this is 2012 not 2016. Evil is made of small events, lots of them. Local political groups take money from local communities, State political bosses take money from state revenues. Federal political bosses are the big boys, they have the U.S. treasury, international projects, and of course wars which are the most profitable of all. All this while the people that put them in power think of them as saviors. Let’s review, the reason I became involved in politics in the first place, was because of the internet. I feared the internet, and the free access to information that came with it. I thought these God fearing Americans would get wise to the fact that we lived under a system that was more tyrannical, than democratic, and they would make a mess. But, as it turns out things don’t work that way, the public is manipulated from the top down, or even from other nations, grassroots movements are a myth. I could see conspiracy websites like Alex Jones popping up, no real thinking person could accept 911, who knew that the federal reserve was private, and secret. It was brilliant! Voters would be given conspiracies to excite them. All you needed were candidates that were willing to lie, to lie a whole lot! No shortage of that. Candidates would ride on the backs of these conspiracies, fear of immigrants, Islam, etc… Just get elected, and then do the opposite. Humanity has always been a society composed of a ruling class making a living from the servitude of a lower class. Democracy is a very recent experiment, and works mostly because people are trusting, and too ignorant to know any better. I thought the internet would change this, people would become enlightened. The ruling class would then feel threatened, and do what they have always done… create rebellion, and insurrection or simply shoot people to shut them up. I mistakenly thought I could work to prevent such problems. Another thing I learned from politics, is that no outsider ever really gets involved. Yes, people vote, some speak up, and maybe stand in the rain for a cause, but no one actually shows up at party conventions (other than the local political ruling class). Political activity is also top down, grassroots movements are generally orchestrated from the top down. Machiavellian-Politics 101 - One principal lesson is that is that the ruling class operates both opposing sides of the argument. First you torture the population, then you lead the people into a rebellion, you install a Napoleon willing to fire cannons at the mob, restore order, and people are satisfied … they then love you. The surface talk is of course, “Make America Great”, the constitution, race, religious values, and justice, but in fact the goal is power. The objective is the ability to control the political positions of government. Only there can you continue corruption, and make money for your people to stay in power. Of course this is the policy of government for tyranny, not a democracy. You should note that our “We the People” democracy is very new experiment, it has never been done before. We know that there are still forces in America that are very tyrannical. We also know that, “birds of a feather flock together”, corruption in America makes pals with corruption anywhere. The most important issue for tyrannical governments, for example “Putin’s Russia”, is to put an end to the American democracy. They must put an end to this troublesome beacon of freedom, and justice! Conclusion: The Alt-Right is not a grassroots movement, but a very well organized top down movement, created by established political powers, in collusion with Russia. There were many collaborators, many aware, many unwittingly.
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2. Economic Development Incentive Douglas County commissioners propose the Foxhall project in 2014, a proposal to give 40+ million dollars to a developer in south Douglas county. This is in a county with annual tax base of only 80 million dollars. Although I have attempted to understand this transaction, documentation is not public, therefore I can only speak to what was publicly spoken about. This type of transaction can only occur when there is sufficient political control over a political tax base, to favor particular individuals over all others. At the time I had built the website for the Douglas Republican party. Worked with Shane Davis in the creation of "River City, a new municipality in Douglas county. Shane, was fired from his employment at "Best Bonds" and the "River City" project was abandoned. I never knew why they fired Shane, I heard it was for working on the River City Project. The Foxhall Project would have taken cut a large portion of county revenue. If River City had been created, the county may have not given them the money they were asking for. I also built a specialized website to assist republican Ann Guider (incumbent), against her republican challenger. She is the only commissioner to oppose the Fox Hall proposal, Ann Guider wins the election by 28 votes. The “Retired Deputy”, establishes a new friendship with Ann Guider’s opponent. In 2016, Douglas County coroner Randy Daniel admits offering money to his opponent: "I'll give you money if you drop out." Coincidentally later in my bankruptcy case, (which will ruin me) a local resident of the County, Gregory Daniel is one of two bidders in a questionable auction to buy my property. It is the general opinion of those knowledgeable of Douglas county government that there is a large network of individuals involved in the manipulation of the Douglas political agenda. This is normal practice in most local governments. Clandestine organisations are difficult to document, yet, they can control County business to the benefit of a few, to the exclusion of all others, and go unnoticed. Organisations such as these work in a variety of forms, legal, quasi-legal, and some criminal. A particular method of making money when you control the courts is the contingent sale of property, which is then caused to return to the seller to be resold again. Sell someone a property, and offer a mortgage, then you interfere, and run the new buyer out of town taking the property back. These groups or organisations can prevent outsiders from entering the political, or business community. If these groups are sophisticated enough to fully control the local government, the extortion payments are in the form of property taxes. I would like to point out these bits of related news that may well point to groups that could be recognised by similar methodologies. EB-5… "plagued by widespread fraud and political corruption, which might facilitate money laundering, investment fraud or even terrorist travel.” Foxhall... "Roysson Global has committed to raise $89 Million in EB-5 Funds for the Foxhall Westin Resort” From Royson Capital - Foxhall Trump ..."benefit to the president’s extended family: renewal of a program offering permanent residence in the United States to affluent foreigners investing money in real estate projects here... illustrates the problems of the so-called EB-5 visa program… insufficient safeguards against illicit money coming into the United States ” From New York Times |
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3. 155 Liberty Road, Villa Rica, Georgia
On November 6, 2013, I purchased two acres, and 7,200 sq/ft building, located on 155 Liberty Road, Villa Rica, Georgia from Jerry Austin seller, and Eddie Lawson realty. I paid $595,000.00 plus commission, to the seller and the real estate agent, Jerry Austin, and Eddie Lawson will provide a first, and second mortgage in the amounts of $497,000.00 (Austin) and $22,6000.00 (Lawson). Eddie Lawson and Jerry Austin are the only creditors I have. I was debt free prior to this. Both Jerry Austin, and Eddie Lawson have done well in local business activities and are central in the Douglas socio/political environment. My original intention is to convert this property into an internet based storage business. But my new friend the “Retired Deputy” introduces me to his friend Janet. She expresses desire to become involved with the project. Janet suggests that we start up a flea market, I think it is not a bad idea, and agree. The flea market proposal grows, soon she and I promote and produce a flea market venue. We get the permits, and we open up. Upon opening, although permitted, the City of Villa Rica objects to our market without proper cause. After the first opening day, Janet and all participants she had attracted to the market, abandon the proposal. That was very strange, but stranger is how they behave, joking “What is plan “B”. None care to continue, we lost all participants in one day! Janet (April 29, 2014) who began the Flea Market, offered items for sale at our market. She comes to remove her items, one of the creditors who sold me the property (realtor) Eddie Lawson happens to be there. Eddie Lawson is the realtor that sold me the property and holds a second mortgage on the property. I turns out he is also associated with Janet. Eddie Lawson persuaded Janet to leave her items on consignment. I am learning what a closed society can be like, I am starting to get the sense that I have made a big mistake by purchasing this property, and doing business in a community like this. First Flea Market emails http://metroecho.com/market Codes and new venue http://metroecho.com/change The a second group of individuals, is led by Angela O’Neil. Angela had been invited to the original flea market opening by Janet and friends. She begins to express an interest in leasing space for a clothing business. She wishes to promote, and build a larger venue for shopping. Angela starts the second wave April 2014 http://metroecho.com/group2 It is starting to feel very strange, I am astonished, and want to see this through. In order to further develop the Liberty Road property. On July 11, 2014, the original creditor Jerry Austin provided another short term loan of $55,000.00 at 15% interest rate, including $4,272.00 in points, origination fees and settlement charges. This note was secured by my home and residence at 3540 Lawrell Springs Cove, Villa Rica, Georgia and payable on August 1, 2016. My interest is developing a particular software platform, and a business method based on this software. This software is based on a relational database all these events with participates are tracked and dated. This was at the tail end of the 2008 crash, the economy was not moving at all. I offer any tenants who can show real business prospects, the ability to start a business within this plan without paying rent. When we open, then we will establish a rental rate based on the income they generate from sales. What I am doing, and explaining to them, is that we are using social media tools to create a collaborative approach to retail. A group of businesses all in one location, that collaborates as opposed to competing. One central hub for accounting, marketing and online sales, where customers of one, benefits all others. This done on a specific web platform I design, for all to use. Angilea O’Neil spearheads this new project, I hire carpenters, and start building shops, and as a business plan, I feel confident. We build an attractive venue with separate shops, and prepare to open. With no advertising, by October of 2014, almost all available retail spaces have been taken by 12 prospective tenants. A women's clothing shop, men's clothing, an antique store, as well as other shops and services plan to open by November. All these participants have previous connections, they had known each other, in one way or another. In October 2014, two local realtors Mark Olson and Philip Walthrop, call and ask if I would be interested in selling the property. Since there is a full house of shops, I decline the offer. Mark and Phillip were friends of mine, they once tried to purchase a property I had in Douglas county almost ten years prior. They are also part of this local group of homeboys. The same political group of the men that sold, and loaned me the money to buy the property. Within a week of the purchase offer, all tenants either move out or become unresponsive, the shopping venue halts just before the Christmas shopping season. It all happen almost in a day, everyone disappears. After Christmas, they start to return to get their merchandise, this venue shuts down. For a second time all participants abandon the proposal. Two persons associated with the group of vendors ask to lease the building but wish to remove all interior construction, in preparation for another use. One of these persons with ties to Gregory Daniel, he will later offer to purchase this property at auction, in my bankruptcy. This was so strange I wanted to document the events. I made my first youtube video, my son narrates, and plays the piano. Video http://metroecho.com/libertyhaus By now I am getting the sense that this may be a large group working together, also I think my “Retired Deputy” friend is working to harm me. This group has no racial distinction, it is a solid social order based on patronage simply to gain advantage. I grew up in Georgia, I can now see this is how the south was ruled, or clearly still is ruled. Carpetbagger’s coming into southern communities to do business, would find themselves facing unexpected obstacles. Was I just sold a property, just to have it taken back by the seller who is also my creditor, this possibility will be pointed out in bankruptcy but will be ignored. On November 18, 2014 I sold my home to pay off the $55,000.00 mortgage to Jerry Austin (creditor), the person that sold me the building. Without a home, I moved into the building on Liberty Road. This along with another nearby property I had on Timmons Circle became my new home, and place of business. Once again I start over, I now try to think of a business that can not be affected by the local Clan. I return to my original idea a consignment/storage type business model. I create this application http://storeitorsellit.com/ I start to fall behind on my mortgage. In order to access additional income, I focus my efforts in marketing properties I have in Chile. I know I have more than enough money in these properties to pay obligations. Marketing site http://metroecho.com/at/cl/la-serena/ Promotional site http://puntachoros.com/ I should say I am a single parent, and have a boy that was 10 years old at the time. I had spent the past 10 years traveling back and forth from South America running a clothing business, I had also recently gone through a divorce. I did not know anyone I could trust, was very confused about what my society was, and I was running out of money. I knew that I would at some point get notice of my default in payments of the mortgage, and would have 30 days to act. I continued working on the sale of the properties in Chile, and the storage/consignment model for opening. On June 29, 2015, Seller/Creditor Jerry Austin foreclosed without the notice required under our agreement. His attorney Victor Harrison filed a wrongful foreclosure against me by not providing the 30 day period prior to comply as required by the promissory note. An attorney friend Philip Johns, in a phone call to Victor Harrison, made him aware of the wrongful nature of the foreclosure. Victor Harrison stated the objection would not stop his foreclosure, and would proceed nonetheless. I considered the Douglas county court compromised, and I would get no relief from this court. I understood my creditors, the people that sold me the building, to be well connected in Douglas county. Foreclosure documentation http://metroecho.com/foreclosure |
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4. Chapter 7
In a rush, I looked for a Bankruptcy attorney, but none would help me. I would later learn that bankruptcy court is very powerful. It is a close knit group of judges and attorneys that must work together in a specialised branch of law. In particular, the Chapter 7 trustee has no limits on the fees he may charge. The Trustee has incentives to develop particular talents for presenting large administrative fees. These conditions can make for activities that can become compromising, and self serving. I also learned that in Chapter 7 cases the debtors attorney gets paid in advance. If you have more debt than assets, that works out fine for the debtor. The problem arises when an inadvertent creditor, with the ability to pay his debt comes into a Chapter 7 by mistake, thinking he can pay his obligations, and continue with his business. The court will take all the assets of the debtor, and there will be no money to pay for an attorney. In most cases a Chapter 7, can be converted to a Chapter 13 or 11, and that creditor will be permitted to pay his obligations, his attorney, and continue with his business. But- The Chapter 7 Trustee makes his income charging fees to administer the estate. If the estate is large he could manipulate his administrative costs to take that estate for himself. The debtor left without funds to hire an attorney will have no way to stop the activity of the Chapter 7 Trustee. Of course he is a Trustee, and is required to take care of the estate he has been entrusted with. But- without proper supervision some Trustees can see a case like mine as a gold mine for themselves and their law firm. I had more than enough assets to sell and pay my obligations, but with no money to pay a substantial retainer, I found lawyers would not touch such a case. On the other hand, companies that have cash, can file, and be exonerated of debt. Obviously a court can favor you, or it can harm you. It can be a who you know, not what you know condition. I will come to learn the importance of fair court system, and the power courts can have over individuals. A court system too politically influenced could explain why politicians would act with such unison, Trump placing judges to the court based on loyalty, and not qualification. Putin attacking adversaries via a court system under his control. Since the times of the monarchy, courts can favor you or courts will reduce you to nothing, and place you behind bars. It is certainly a potentiality, if not a common practice that the courts could be compromised. In my particular situation, I was unaware of this potential, I had faith in the federal government, and it's courts. I needed enough time to go to Chile, sell enough property, pay my mortgage, and continue my storage business. Certainly a court advertised as “bankruptcy protection” would be just the place for me. Erroneously, I concluded just that. From what I had read of “bankruptcy protection”, and what I naively believed about justice, if I filed for protection at a federal court, this court would provide a solution for me to pay my obligations, and permit me to continue with my business. On August 3, 2015, I filed a, pro se, petition for relief under Chapter 7 of the Bankruptcy code. Like I said, “erroneously”, a mistake! What will happen is unexpected, because I expect, as the word implies, justice should to be “just”. What I will learn is that there are two definitions for this word, and that the American definition is more of an ideal we work for, than a reality. What I think I have learned so far is…
Think of this art of the deal. I make deals, create millions in debt, then I show up at bankruptcy court, my associates at the court get rid of all my obligations, and I am left with the assets! Sound familiar?
I will find an attorney, and he will convert the case to a Chapter 13 October 15, 2015- 20 Minute Meeting of Creditors with Chapter 7 Trustee, Neli Gordon October 25, 2015- Motion to convert to Chapter 13 March 9, 2016 Chapter 7 Trustee, Neli Gordon Files and is given $11,848,00, in compensation.http://metroecho.com/node/332
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5. Chapter 13
After filing the Chapter 7 I soon found an attorney that would take this case, Richard Valldejuli. He filed a Chapter 13, and told me I could now lease out my building. I found tenants, and leased out the building, people moved in, a mechanic leased space and a garage was built. Also a utility service provider leased space for trucks and office. http://metroecho.com/node/390 I was also now free to continue my storage business. We found strong demand, and had our first storage customer. All looked very optimistic. http://metroecho.com/node/354 The case was converted to Chapter 13 by order entered on December 16, 2015, whereupon a fast track approach was requested by the court to cure the default by sale of my other properties. My marketing efforts in Chile had paid off, I now had sales pending in Chile. I needed to overcome the legal requirements for me to sell my properties in Chile, for that I would need to go to Chile. We had a trial date set for the day I was to travel to Chile, to sell property. I expressed my concern to my attorney that I would miss the trial. Valldejuli said not to worry, he would take care of things at court. He said, “ you just go to Chile, and kick ass” He even had offered to pay my ticket, why I supposed because he would be paid well. I felt confident, Valdejulli told me he was friends with the Judge, and the Trustee. I quickly complied, with a combination of income, and property. I timely paid all requested obligations by the court. I had more sales that I could have closed, but Valldejuli told me not to sell them, to stick to the Chapter 13 plan. These additional pending sales, would have paid off all obligations, and in fact ended the bankruptcy since there would have been no debt left. Between March and July of 2016, we made all payments required by the court, totalling to the amounts of $17,674.75 directly to the Creditors and $4,375.00 to the Chapter 13 Plan. On June 23, 2016 Arnall Golden Gregory LLP (“AGG”), Jerry E. Austin and Lawson Realty, Inc. file objections to the Chapter 13 plan. (Doc 84 Filed 06/23/16) An Objection is also filed by Chapter 7 Trustee, Neil Gordon employed by W Arnall Golden Gregory LLP (“AGG”). The aggressive stance of the objection, lead with misleading statements presented to the Court, was further assisted by Valldejuli’s failure to timely file documentation of the sales. The Chapter 13 plan was not confirmed. The Case was converted to Chapter 7 on July 13, 2016 [Doc. No. 91], and Trustee was re-appointed on July 18, 2016 [Doc. No. 93] The nature of the flaws of the Chapter 13 plan, could have been simply remedied. I had far more assets than what was owed, and had demonstrated I could “cure by sale” my obligations. This is not about a speculation of a potential sales, I demonstrated these sales were real, had proven I could do this! This situation keeps getting more, and more absurd. The creditors are going out of their way, not to get paid. I imagine that the same situation of Douglas county where the Judge, District Attorney, Bail Bondsman and defense attorneys are all in the same pack, can this also extend to a federal court? Group behavior is the very nature of society and groups can become very large. Clicks form in school yards, and as adults we form organizations to influence particular group agendas. In a free and democratic nation, these groups can be very influential. Groups can be far more successful if unseen and covert. This is not a conspiracy theory, it is a simple fact. There is Justice, and there is Justice
What motivated this conversion back to Chapter 7… If an internal sale of the property can be conducted, with the aid of the Chapter 7 Trustee, the Creditor could manipulate a “straw buyer” and get his property back, which now has a far higher value than when sold to me. The Trustee could also offer the property at a lower price to selected buyers to benefit a particular groups agenda. But, of course, this could not be, that would be fraud. I purchased 155 Liberty Road at the tail end of the 2008 crash, during difficult economic times. Part and parcel to the sales agreement was a 5% mortgage, provided by the seller. The purchase price was high, the value of the transaction, for me as the buyer, was in the mortgage offered by the seller. I weathered those difficult years, and now property values were rising, interest rates would also be rising. Of course it would be to the advantage of the seller to push for any events that might prevent me from paying my obligations and thereby causing me to loose the property to him. Then maybe, it could also be, what Jerry Austin is doing is punishing me. Maybe I must have done something worth punishing. What? Being against Foxhall? Helping the election of Commissioner Ann Guider? Working to Build River City? Maybe they just want me out of town. Maybe I am a little too dark for them, they just don’t like the way I look. If there is an organised group this large, then there could also political benefits for everyone. If perchance the seller is an important local lord, then, all favors would be rewarded. There is also the simple fact that there is a good deal of money involved. The administration of my estate by a Chapter 7 Trustee, if managed to favor legal fees, would provide years of income for the Trustee, and his law firm Arnall Golden Gregory LLP. The primary aspect of any conspiracy is to remain hidden, you don’t tell anyone what is really going on, you don’t want anyone to take notice. If anyone claims a conspiracy, you scream absurdity and madness. For this reason the larger the conspiracy the easier it is to hide. If people have never seen something, they have a difficult time accepting it, and it is even more difficult if it is a large scale event. J. Edgar Hoover did not believe in organized crime until the results of it were very apparent across the nation. In Hovers case he either did not believe, or pretended not to believe. Depending on his motivation. There are many motivators that could explain why the Trustee and the creditors, wish to liquidate all I own, and there is no way of knowing what, or who without a proper investigation.
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6. Treason You overthrow a great nation, the same way you eat an elephant, one bite at a time. A Tyrant comes about when one group, takes absolute power over others, Hitler is a good example. Treason is the crime that covers some of the more extreme acts against one's nation. The subversion of the constitution, and the attack on democracy is treason, albeit in small increments. Generally, those that would wish to subvert a democracy, would do so for power. When you gain power over a government you gain vast opportunities. Simply put, there is only one reason to subvert a democracy, and that is to take something that is not yours. Theft. When Tyrants wish to take over a government it starts with behind the scenes activity, suppression of the press, domination of the courts, attacks on intellectuals, and the removal of the opposition. Tyrants have always been and always will be with us. Therefore attacks to a democracy have always been, and always will be with us. Our religions describe the taking of an apple, as the cause of all evil. A single act of theft. Bad people have always been attempting to do take what does not belong to them, and our government is replete with opportunities to take from others. Therefore, government is a magnet for thieves. I don’t think we have an autocracy, or tyrant taking our government. I think we have always had a variety of groups, that have operated behind the scenes in conjunction with our government. This is no mystery, it is human nature to form tribes, and you get a lot more done if you keep what you are doing secret from those that may oppose your agenda. Try telling everyone you plan to rob a bank, and see how well that robbery works for you. The difference, and problem is that today information can be broadcasted by anyone. Activities that were once kept hidden, are now open, and readily available online. Any pre-existing, behind the scenes, power structure, that is based on theft, would now be concerned they may lose their grip on power. Because of these concerns, portions of these structures would unite with the same structures of corruption in other parts of the world, like Russia, to push for a more restrictive type of government, one that is not as our constitution provides for. Group behavior is normally an autocracy based on patronage, or favors given by leaders to subordinates. Organized crime is an autocracy based on patronage. If a criminal group is large enough to take control of our nation, it would already be in place, it would already be conducting behind the scenes activity, suppressing the press, dominating the courts, attacking intellectuals, and removing opposition. Of course there are good groups, but in a democracy only criminal activities need to be kept hidden. In a Tyranny, the Tyrant is in the business of taking public resources, criminal activity is not criminal, it is the nature of this type of government. See ... Group dynamics “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke (12 January 1729 – 9 July 1797) Good people can’t act if they don’t know what or who done it! The other justice … The term justice was described some 2500 years ago in Plato’s Republic. In the dialog Thrasymachus' states that justice is nothing but the advantage of the stronger. Socrates tries to explain that justice should be a set of laws, that apply to all equally. This is why Socrates, is Socrates, he is teaching a radical and new concept of justice, the type of justice we know today. Let us not forget they kill Socrates. Equal justice under law is a phrase engraved on the front of the United States Supreme Court building in Washington D.C. It is also a societal ideal that is central to the American legal system. What I am learning is that Justice is an ideal we struggle for, not a reality. These are not meir ideals, they are the foundation of America. We are a nation of laws, not a rabble of tyrants like Russia, or some third world nation. We are not a nation where only the strong have any advantage. We are in a constant struggle with these two forms of justice. Reality can be that a powerful man can rape a young girl, and no one will do anything about it---, or we are a nation of laws, that protect the weak. America is that nation that stands for the opposite of what is Tyranny. We now have a president, that used a bankruptcy court several times, to avoid his obligations. Is there a group that has adopted that other justice, in the presidency? People that have no concern for others, no concern for the truth, only a single minded concern for power. One diagnostic criterion of narcissistic personality disorder is a lack of empathy, and an unwillingness or inability to recognize or identify with the feelings and needs of others. This is precisely what is needed to be good at this other justice. When Justice is about “the advantage of the strong”, then the more deceitful, sociophic, and narcissistic you are, the greater the advantage you have in society. This is exactly how Putin’s Russian Clan operates, if you tow the line you prosper, if you don’t Putin will have the courts take it all away from you, if you persist they kill you. So, if I fight this bankruptcy, or if I point these problems, should I now be afraid for my life? |
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7. Back to Chapter-7 Things move fast on the way to total destruction. Trustee was re-appointed on July 18, 2016 After the Conversion back to Chapter 7 my attorney, (Valdejulli) tells me, “you will be now raped by Neil Gordon” and “do everything Neil tells you to do”. He then writes a letter to Neil Gordon and tells him I will be dealing directly with the Trustee. Valldejuli will now become very difficult to get on the phone. Real estate was my business and livelihood, I am now prevented from my work. My rental income is taken by the trustee. I speak with the trustee about getting these properties in Chile sold, but he will not act. On August 9, 2016, Neil Gordon (Chapter 7 Trustee), filed MOTION FOR AUTHORITY TO SELL, two of my other properties in Villa Rica, Georgia by a farm equipment auction house in Moultrie, Georgia. One these properties was used by my son and I, as our bathroom. On August 17, 2016 I speak with the sellers attorney, Victor Harrison, to see what accommodations can be reached to settle this case. Victor tells me that he can not negotiate with me since Richard Valldejuli is counsel of record in this case. On the morning of August 18 2016, I send an email to the creditor Jerry Austin. I state various reasons why it would be best to settle this case rather than to continue litigation. Jerry Austin calls me back that same day, he sounds willing, and tells me to contact his attorney to see what accommodations can be reached. This same day August 18, 2016 in the afternoon, Neil Gordon sends an urgent email to Richard Valldejuli, where he falsely claims he is unable to contact me. The email states that he, Neil Gordon will be coming on Tuesday, with Victor Harrison, and Victors Harrison's agent Mike Patterson to change the locks on the property at, 155 Liberty Road, where I am living with my son. In a phone conversation Pamela Brickland, Neil Gordon’s paralegal, she claims they have the right to take over my business, and will proceed despite my objections. I had understood that the Trustee needed to make a request to the court prior to taking over my business. No such request was ever filed. I am still hopeful that we can sell the properties in Chile, and pay off the creditos, keep my business, and my tenants. The Trustee, Neil Gordon had told us in court that he was the best solution for the sales in Chile. He had told me that he would save the Liberty Road property. Still there is no reaction from Neil Gordon on the pending sales we have in Chile. Tuesday August 23,2016, over my objections, 4 persons arrive at 155 Liberty Road to change locks, Neil Gordon (Chapter 7 trustee), Pamela Bicknell (Assistant to Neil Gordon), Victor Harrison (Attorney for the Creditors), and Mike Patterson (Agent of Victor Harrison) are present. At this time I have the first opportunity to speak face to face with Victor Harrison. He again tells me he can not negotiate with me unless Valldejuli, the attorney of record withdraws. I explain to Victor Harrison that I will withdraw my attorney first thing in the morning. I am also told by Neil Gordon, and the realtor, that the property will be advertised, and sold by a realtor. That Liberty Road will not be sold at auction, this will not be a true statement. The following day August 24, 2016 I travel into Atlanta to sign documents for the withdrawal of counsel, Richard Valldejuli. Valdejulli reacts the documents as temporary for he is to come back as council. Later, he will refuse to return to the case, and I will be without legal representation in this most complicated case. Two days later... On August 26,2016 Neil Gorgon, Chapter 7 Trustee, proposes to sell the property at, 155 Liberty Road, Villa Rica, Douglas County, Georgia. The proposed sale is an all cash sale price of $415,000.00, with $350,000.00 distributed to Jerry E. Lawson in partial payment of his mortgage note, with the balance of net sale proceeds held in reserve by the Estate. (kept by the Trustee) This potential sale comes out of thin air, the property had not been advertised, or appraised. The sale is proposed to a Douglas County resident Gregory M. Daniel, a potential agent of the Seller. It is unclear if the purchaser Gregory M. Daniel is related to Randy Daniel, the Douglas County coroner that offered to pay his opponent to abandon her political challenge. If there is a relation between the buyer and this political group in Douglas county, this sale may lead back to the Seller. The Trustee intends to keep $60,000.00 of the proposed sale, He will actually keep $95,000.00. On August 31, 2016 I made several phone calls and sent several emails to both Jerry Austin (principal creditor) and Victor Harrison (attorney) to establish some form of negotiated settlement. Sellers attorney refused to negotiate any settlement of this case. I no longer have an attorney, Valdejulli will not return. Not to say there is corruption, but it has been know to be. The mechanics of all judicial activity lends itself to corruption. In the same way the Douglas County Judicial system could be compromised if you have it’s participants as close friends, when instead the judicial process should as adversaries. There is a potential problem when my attorney is close friends with the Judge, and the Trustee. There are also several issues with this court that are well documented. http://metroecho.com/Bankruptcy-Articles In this particular case this is what could be a possiblity. The seller/creditor approaches the trustee for assistance, the trustee is uncertain of the value of the properties in Chile. He talks to his friend Valdejulli, and agree that I should go to Chile, sell properties to prove they are real ,and identify them, but not enough to end the case. This might be a reason Valdejulli would take the case for no money, and even be willing to pay for my ticket to Chile. It could also be the reason why Valdejulli would tell me not to sell the remaining sales we had pending while I was in Chile and fully pay the debt. That which would have ended the case altogether. October 11, 2016 Now without and attorney, I file (pro se) a second request for this case to be converted to a Chapter 13, to be allowed to continue the sales in Chile and pay my debt. http://metroecho.com/2n-motion October 20 2016 Hearing and Auction (property is sold) October 24 2016 Order approving sale of 155 Liberty Road done prior to the hearing to re-convert! The Liberty road roperty is sold to Plunkett for $475,000.00 with 380,000.00 payed to Creditor Jerry Austin THIS WOULD LEAVE $95,000.00 WITH THE TRUSTEE AND NOT PAYED TO THE CREDITORS THIS SALE WILL CREATE UNSECURED CREDITORS FOR THE FIRST TIME! ONLY NOW PERMITTING THE TRUSTEE TO ACT ACCORDING TO THE STATUTE. The order of the coming events will be dictated by the Trustee. These events will turn out to quickly take all I had away from me. They will create conditions that will leave me with no source of income, no way to hire an attorney and force my son, and me to leave the state. If I were permitted to sell my properties, I can quickly pay my obligations. I have demonstrated that I can quickly sell my property. We have tenants that are paying their rents, and have established businesses. They will need to move, and lose all they have built. Why would a court, describing itself as “bankruptcy protection”, do such a thing? |
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8. Run Out of Town November 21, 2016 Hearing, motion to convert to Chapter 13 is denied. I take the risk, and I file a memorandum protesting actions taken by the court, describing political events that would have given cause to better investigate the new purchasers prior to sale. This is read in court, and ignored. The day after the memorandum was read in court, there is a confrontation with the “Retired Deputy”. He comes to Timmons Circle property and meets with me. He is visibly upset, and in a harsh tone tells me three times “GET THE FUCK OUT OF THE COUNTRY!”. I don’t wish to whine about some harsh words but, this is the same person that was familiar with the people that participated in my business, and trailed me in my past political activities. Someone that made it clear to me that he was a tough guy. “ I am a killer”, “I infiltrated the mafia in Vegas”, and told me my life may be in danger. I can not know if he is working with my creditors Jerry Austin, and Eddie Lawson. How could I know if an X- Los Angeles California undercover agent has been working all this time with my creditors to ruin my business, create the foreclosure and then run me out of town? If so is the federal court part of a political machine? The “Retired Deputy” will soon tell me that I should take care, that my son my be taken by DFCS (Division of Family and Children's Services). Later the “Retired Deputy” and his wife invite my son and me to lunch, she will begin to cry as they warn us that, “they may take your son away”. I don’t know if we are in danger, but the “retired deputy” may have been more correct than I imagined when he said, “be afraid they may kill you”. I will take these suggestions seriously, I begin to plan to leave the area before more harm may come to us. November 23 2016 Motion to convert to Chapter 13 is denied November 24 2016 Wrongful eviction from the Liberty Road property. We had begun moving, but there was a great deal of items at the Liberty Road property. My tenants were still there and they too were moving out. I had been a landlord my entire working life, and I understood that I had been told to move. I also understood that the property would now be out of Federal court and governed by State law. We were now "tenants at will", we still had rights to the property, and an eviction would be conducted by a local magistrate. On November 24 we come home (we are still living there) and the gates are locked to the property. I call the new owners and tell them they cant do this, that they must file a dispocessory with the local court. I cut the chain, re-enter the property and call the police. The new owners arrive , the police speak with the new owners, and they explain to them that a proper dispossessory must be filed, and they do so. Yet, again a couple of days later they re-enter the property, this time they post guards. They tell me they will not return my business, and personal belongings that are in the property. http://metroecho.com/sites/default/files/page-files/November242016.pdf December 2 2016 Nancy Mimns one of the persons that a participated in the failed Liberty Road business, is now asking me to call DFCS (Child Services). She says the new buyers are endangering my son. Nancy is similar to the “Retired Deputy”. She had also developed a sudo friendship with us. Her suggesting that I call DFCS would only increase the potential for harm to us. The danger that we find ourselves in would cause DFCS to take my son. By now I am becoming convinced that all these foes are interconnected. 266-nancy-dfcs December 4 2016 My sister takes my son to North Carolina for safety. December 5,2016 Philip Johns(attorney) gets permission from the new buyers for me to move my belongings from the property. Two days is not enough time for me to move all the contents of a 7200 sq/ft building. When we come to move, some of my store inventory, and many of my things had disappeared from the building. Not having enough time or resources to move everything, much of our belongings, and storage items of storage clients had to be left behind. January 2017 We feel we can no longer say in the area, I fear for our safety. They would once tar an feather people in these parts. My son and I leave for a trip through the North East, with intention of moving to the New York area. By the end of January we move North, we tell no one where we move to, not family not anyone. It is very difficult to be a single parent, and more difficult to get an apartment without any job history, a bankruptcy on your record, no income, and then try to hide-out. Even more difficult to try to protect what remains of my estate that is now in the hands of Trustee, Neil Gordon. These individuals that make up this court are experts, with years of experience. They must all have known the outcome of what they were doing far more than I. Instead of “bankruptcy protection” something quite the opposite would happen. It took us a while for us to organize ourselves in our new home, and I still find it difficult to make a living. It would be a couple of months before I could try to address the court once again about the bankruptcy. |
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9. How to make Four Million Dollars vanish, ruin someone, and still not pay the creditors March 3 to April 7, 2017 Chapter 7 Trustee sent me a request for absolute power of attorney, to sell all assets in Chile.
What I have remaining of my estate is a 160 acre subdivision located in Chile. These are the sales we have had pending that the Trustee will not attend to. This was the way I intended to pay my mortgage, and preserve my business from the onset. I had paid obligations from these sales in the Chapter 13, but was subsequently prevented from continuing. The value of these sales could amount to over 3 million dollars, we are ready to proceed with sales if permitted to sell. http://puntachoros.com/ Everyone involved knows that the only reason I came to bankruptcy was to continue my business, and pay my late mortgage payments. NOT TO LIQUIDATE EVERYTHING I HAD! My business was given away, the property I had purchased was sold without advertising, and for far below what I paid for it. I had been evicted without due legal process. I once again ask the Trustee to tell me what we owe, so we can pay that amount with the sales we have pending. I write to him telling him he is only creating events to generate fees. That he has caused events that forced me to leave the state, and go into hiding. That I can not accept his request for an absolute power of attorney. I point out that what he is doing is simply wrong, and I incorrectly say that a court in Chile may provide a more just outcome. I also say, I no longer have an attorney, and I am out of my depth. May 19 2017 First of several emails were sent by me to the office of the Trustee, David Weidenbaum. I explained to David Weidenbaum that the trustee Neil Gordon will not act on our pending sales, I write letters to David, Neil, and the office of the U.S. Trustee in Washington, all who are supposed to supervise the Trustees activities. July 28 to August 25, 2017 Attorney Philip Johns requests to pay creditors directly 226-75 I contact Philip Johns, ask him to contact Victor Harrison(attorney forthe creditors) to tell him we have sales pending in Chile, and hope that I can pay him to get this problem resolved, Philip will only respond via phone. At first Philip says, “ Who would object to money?”. Then he becomes difficult to contact, finally he tells me that they wish to punish me for opposing the foreclosure in the first place. They will not accept any payment. This only serves to add more cost to the procedure, and they will now rush the legal proceedings in Chile. August 23-31 Contacted Bob Kaufman ( 2016 President of the State Bar of Georgia) I asked him about speaking with his friend/client Jerry Austin, to find a better solution for our problem. We spoke for some time, but he would not even consider talking to Jerry. He sounded a bit nervous in our conversation. I had known Bob because we went to the same Church, and had spoken to him about the situation over a year prior to filing bankruptcy. 226-59-51 September 18 2017 After searching for a bankruptcy attorney for several days, I find Ted Stapleton. He will try to speak with the trustee to produce the sales we have pending in Chile. I gather up $1,000.00, and pay him a retainer. Stapleton will contact the Trustee, he will repeatedly ask the trustee to proceed with the sales we have in Chile, nothing will come of his effort. My small retainer ran out. Each time my attorney interacts with the trustee he bills me, and the trustee bills my estate as well. I must pay twice to get nothing. 226-96 September 28 2017 I told no one of where we moved, not family, no one, yet I get a tax bill from Douglas county. The way I see things, these people run the county, this is a message to me. Not that it is much of a problem to find anyone these days, but what are the odds that the county would do this work, to move so quickly and over a small tax bill? They normally don’t do this, what they do is simply take the property. I now see people trying to harm us everywhere. I can only imagine what it would be like to live in a country like Russia, where you have a secret police, and you can’t even trust your own family. There are millions of dollars of property in Chile, maybe I should be afraid for my life... dead men don’t object. If I am out of the picture the trustee, and creditors can do as they wish. This legal situation should never be permitted to exist! October 10 2018 Trustee Sells 2981 Andy Mountain Road - proceeds $13,252.00 I had paid $35,000.00 for this property, and spent at least that much in repairs. It had been in a fire, we rebuilt the house and put a roof on it. It has been a year and half since the trustee had authority to sell this property. In all this time, he could have placed it for sale with a realtor, advertised it, and paid a 10 % commission and gotten a far more realistic price. He paid his recommended farm equipment auctioneer $2,700.00. I do not wish to imagine what the Trustee’s administrative fees must be on just this sale, they must be well over the amount of the proceeds of the auction. After all it took him a year and a half to get this done. In fact, a year and a half ago, the Trustee could have sold the properties we had for sale in Chile paid the creditors, and avoided this, sale and the Liberty Road sale... the destruction of my business, the elimination of my only source of income, and the almost destitute state my son, and I have found ourselves in. That would have put the Trustee out of work! With no debt does he have any reason to continue? It is becoming even more clear to me that the trustee will also give away the property in Chile! If fact there an incentive to give it away this property for as little as possible, he must demonstrate there was not enough assets to pay my obligations. I also believe that this is not incompetence on the part of the trustee, this is willful activity. Is he punishing me for not signing over the properties in Chile? January 6 2018 Neil Gordon, writes to Stapleton to say that he will no longer communicate with my attorney. We can not get the trustee to tell us what is owed, nor to sell properties in Chile to pay the obligation. Attorney Stapleton gives up. Unless I have the funds to oppose the actions of the Trustee in court, Stapleton can do no more. 226-90 January 31 2018 I call Niel Gordon's supervisor, David Weidenbaum, he will once again asked me to resend to him the pending sales in Chile. I will do so for the third time. I also called and copied this correspondence to the U.S. Trustee in Washington. Washington suggested I also send to ustp.bankruptcy.fraud@usdoj and my congressmen. 226-103 Febuary 15 2018 Third call to David Wiedenbaum, he tells me once again to call next week. This will only serve to rush the trustee, and cause more fees to be generated. Letter about this call http://metroecho.com/node/608
February 23 2017 I have been put off several times by David Weidenbaum. Last week he told me to call next week. Yesterday I called twice and this morning once - left messages. As much as I don’t want to believe this, it is possible he is working with Neil Gordon against our best interests. Febuary 26 2018 My last resort is to continue to address the office of the Trustee. Publish this account and sent a letter to Judge Bonifeld http://metroecho.com/node/612
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