Certified letter Clifford J. White- March 12, 2018

PLEASE INTERSEAD IN THIS CASE, REDUCE OR STOP ADMINISTRATIVE COSTS PERMIT US TO PROCESS SALES TO PAY OFF CREDITORS.
Sent certified mail and email (ustrustee.program@usdoj.gov)   - PLEASE RESPOND
 
THE UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION, CASE NO. 15-64523-PWB
 
Att:   Clifford J. White,
 
Last Friday, I spoke for the first time with Martin Oaks, he made clear to me that the activity of the Chapter 7 Trustee, Neil Gordon was acceptable, and had been  encouraged by his office.
He explained that it was the Office of the Trustee that pushed this case from a working Chapter 13, into a Chapter 7.
Why would the Office of the Trustee wish to push a working Chapter 13 into liquidation?  In particular a Chapter 13 case that could have paid all creditors in less than 30 days if the Court had requested. Instead, now for more than a year and a half later creditors are still not paid, and with an unknown toll of administrative fees added on.   
The only beneficiary is the Trustees in this liquidation.
David Weidenbaum instructed one attorney that wanted to convert this to a Chapter 11, that he would strongly oppose a conversion. Is this office working to benefit the personal gain of this particular trustee, and is this the standard in these cases throughout the U.S. Trustee program?  
Clearly large financial incentives for Chapter 7 Trustees in surplus cases make it possible that staff and administrators develop particular skills of converting these estates into administrative fees.  
I have spoken with many attorneys that work in this particular court. They all make notice that this particular Trustee, Neil Gordon is very skilled in liquidating estates for fees. Many call this behavior unscrupulous and dishonest.
The testimony of all these attorneys shows widespread knowledge of a behavior that is contrary to the stated norms of the U.S Trustee Program. The particular behavior of this Trustee is common knowledge shared by all that practice in this court. It must also be know by his superiors and permitted or encouraged.
The willful actions of his superiors to support this Trustee's behavior should be of concern to the U.S. Trustee program.
Due to a wrongful foreclosure by my creditor, I rushed into a pro se Chapter 7, which was quickly corrected by conversion to a Chapter 13.  
I had only two creditors connected to that foreclosure, from one single sale event, and no unsecured debt. I had $25,657.000 of outstanding mortgage payments I wished to pay. Although I had far more assets than debt, and I would have been able to pay any obligations the court may have asked of me.
In the Chapter 13, I paid on time all that was required, and I precisely followed my attorneys instructions. Only to have the Office of the Trustee force this case into a Chapter 7 liquidation.

1. At the conversion hearing I presented pending sales that could have settled the debt - only to be ignored.
2. I continued to present sales to the Trustee - only to be ignored.
3. Instead of selling property we had ready for sale to preserve my business, my tenants businesses, my source of income, and my place of residence  --- the Trustee choose to abandon assets that could have been sold to pay debt, and ignored tenants that could have paid obligations. The Trustee quickly sold the

 
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only property that produced income to suspect buyers that could have been associates of the creditors. Creating for the first time unsecured creditors.        

1. I then found an attorney that wanted to convert the case to a Chapter 11 - This attorney backed off the case after, Office of the Trustee David Wiedenbaum, told him he would strongly object.
2. I continued to present pending sales to pay obligations to both the Chapter 7 Trustee, and to the Office of the Trustee - only to be ignored.
3. I hired another attorney, to attempt to negotiate a payoff amount, and conduct sales through the Trustee so we could pay obligations  - only to be rejected.

I am not an attorney, but this is what I know is true.

1. The Trustee has the authority to act in any manner he chooses.
2. He is protected from any legal action against him.
3. Any debtor that falls in this trap and has made his income via real estate investments, will have his income taken away from him instantly.
4. Regardless of the ratio of debt to assets, a debtor will be left homeless, without access to assets, and no ability to defend against the activities of a Trustee.
5. If the Trustee is skillful and chooses to do so, he can convert all assets of the debtor into administrative fees to the benefit of the Trustee and his law firm.
6. If a debtor opposes the activities of a Trustee, this will only serve to additionally increase the administrative fees in favor of the Trustee.   
7. If his superiors at the Office of the Trustee promote, and protect the actions of a Chapter 7 Trustee, there is no stopping such behavior.

It should be noted that I am only now becoming aware of the true value of the properties I had. Although I knew there was far more assets than debt, I did not know exactly how much more. The trustee never performed an appraisal prior to any of these sales which were given away at ridiculously low prices.
If this case had not been moved from the Chapter 13, the creditors could have been paid more than a year ago and we would have been preserved our agreements. I now know that we had a value of over 4 million dollars in real state with only $25,657.00 of outstanding mortgage payments, most of which was paid during the short time I was in the Chapter 13.
In 2010 I had used the Trustees law firm Arnall Golden Gregory (Daniel Bradfield) for advice about these properties in Chile, it is possible that the Trustee through his law firm had inside knowledge of the true value of these properties that was not available to me.
The quick path that the Trustee took to liquidate my business, and the only secured property, created for the first time unsecured creditors. Since no investigation of the purchaser-creditor connections was made, the creditor could have made prior financial adjustments for compensation with the new purchaser. Leaving sufficient funds with the Trustee so he may take a slow and costly path liquidating the more valued real estate in Chile.   
This case is further complicated by the prior cause of the bankruptcy, which may have been intervention in my business by political forces in Douglas County Georgia associate with the Creditor. I have written emails to your office about this matter, with allegations which would require investigation.
Thank you for your attention to this matter.       
Claudio  Avendano -  claudio@metroecho.com