Sept 8, 2016 Filed objection to the sale by Chapter 7 trustee
Read Objection DEBTOR’S OPPOSITION TO MOTION FOR AUTHORITY TO (I) SELL PROPERTY OF THE ESTATE FREE AND CLEAR OF ALL LIENS, INTERESTS AND ENCUMBRANCES AND (II) DISBURSE CERTAIN PROCEEDS AT CLOSING.
Email to Southland
As best I can understand: The Chapter 7, trustee Neil Gordon has the authority to make this lease.
I plan to call him later today to see if will authorize it.
In the event he chooses not to, I will file a motion with the court to have it accepted. We have a hearing, on the 13th of this month that will say what can be done and what will come next.
The hearing is about selling two other properties I have here in Villa Rica, there can be a judgement made on this lease at that time as well.
I no longer have an attorney, so I am going at this on my own till I find another.
Below is an objection, that will fill you in on what is going on. It's about the trustee requesting to sell two other properties I have here in Villa Rica. It's still a work in progress...
Your suggestions and advice are most appreciated.
Sincerely
Claudio 404 520 3333
DEBTOR’S OPPOSITION TO MOTION FOR AUTHORITY TO (I) SELL PROPERTY OF THE ESTATE FREE AND CLEAR OF ALL LIENS, INTERESTS AND ENCUMBRANCES AND (II) DISBURSE CERTAIN PROCEEDS AT CLOSING.
COMES NOW, the above captioned Debtor, in opposition to creditors motion thereof shows this Honorable Court the following:
Background - Dismissal of debtors attorney - Pro Se status
1.
Debtor's attorney has withdrawn and this objection is filed pro se. Debtor prays for the consideration of the court and time to secure proper council.
2.
Debtor, in error, filed for Chapter 7 bankruptcy on August 3, 2015
3.
Attorney Richard Valdijulli was retained and the case was converted to Chapter 13 by order entered on December 16, 2015, whereupon a fast track approach was requested by this court to have creditors paid to date.
4.
The debtor is a tailor by trade, but historically has made his income through real estate transactions. His work consists of adding value to real estate over time. Long term projects that culminate in what can best be termed an "income transaction". Detail of income history at http://www.metroecho.com/history
5.
The culmination of years of work is a project and subdivision in Chile, which is ready to mature. Value was added by way of subdivision, websites, contacts, and associates made over the previous year and culminated in pending sales ready for closing.
6.
At the time of conversion to Chapter 13, the Debtor was earning income through his tailor business, and lease income of the 155 Liberty Road property.
7.
Conditions of the conversion to Chapter 13 required certain payments be made to Creditors in a timely manner by a combination of the sale of real estate and income.
8.
Debtor promptly complied, with a combination of income, and property sales in Chile paid all requested obligations. Debtor was poised to close on additional pending sales, that would have paid off all obligations due to creditors.
9.
All documentation for these sales expenses were posted online, in real time, by the Debtor, and for Richard Valdejulli to present to the court.
Richard Valdejulli did not file documentation as required by the Chapter 13 procedure.
10.
A visual presentation (See at http://www.metroecho.com/history), of Debtors income history was prepared by the Debtor and given to Richard Valdejulli to present to this court.
Richard Valdejuli did not present to the court this information, nor had updated the payment plan reflecting the upcoming full payment to Creditors to be submitted to this court.
11.
Creditors along with the Chapter 7 trustee aggressively push to re-convert from Chapter 13 to Chapter 7
12.
Due to the death of Debtors Attorney's sister proper documentation was not filed to this court.
13
Case was re-converted to Chapter 7 on July 13, 2016
Background - False assertion by Creditors - Creditors requirement of dismissal of Debtors attorney prior to negotiation - Creditors refusal to negotiate .
14.
At the re-conversion hearing, Chapter 7 trustee, and creditors attorney make the false complaint that no attempt was made by Richard Valdejulli to confer and negotiate with creditors.
15.
After re-conversion to Chapter 7, Debtor is given permission to speak and negotiate directly with Chapter 7 trustee.
16.
On August 17, 2016 Debtor calls Creditors attorney, Victor Harrison to see what accommodations can be reached to settle this case. Debtor is informed that he can not negotiate with him since Richard Valdejulli is council of record in this case.
17.
In the morning of August 18 2016, Debtor sends email to the principal Creditor Jerry Austin, email gives stating varios reasons why it would be best to settle this case rather th to continue litigation. Jerry Austin calls Creditor that same day, and tells Creditor to contact his attorney Victor Harrison to see what accommodations can be reached.
This same day in the afternoon, Neil Gorgon sends an urgent email to Richard Valdejulli, where he falsely claims he is unable to contact Debtor. 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, used as a residence by the Debtor.
18.
Tuesday August 23,2016, over the objections of the Debtor, 4 persons arrive at 155 Liberty Road to change locks, representing the Creditors and the Chapter 7 trustee, 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 Debtor has the first opportunity to speak with Victor Harrison and again is told he can not negotiate with Debtor unless the attorney of record withdraws. Debtor explains to Victor Harrison that he I withdraw council first thing in the morning.
19.
The following day August 24, 2016 Debtor travels into Atlanta to sign documents for the withdrawal of council.
20.
On August 31, 2016 Debtor made several phone calls and sent several emails to both Jerry Austin (principal creditor) and Victor Harrison (attorney) in the hopes to establish some form of negotiated settlement.
Creditors attorney refuses to negotiate settlement of this case.
Background - Timmons Circle property originally filed as exempt - Creditors secondary loan agreement and sale of Debtors residence - Debtors current living accommodations
21.
November 6 2013 Purchase property 155 Liberty Road from Jerry Austin (Creditor). Purchase price $595,000.00k financed by $497,000.00 Jerry Austin (1st creditor) and $22,600.00 Lawson Realty (1st creditor and realtor).
21.
On July 11, 2014, Creditor Jerry Austin provided a 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 Debtors personal residence at 3540 Lawrel Springs Cove, Villa Rica, Georgia and payable on August 1,2016
22.
November 18, 2016 Debtors home was sold to pay of $55,000.00 mortgage to Jerry Austin (creditor)
23.
Debtor moved into commercial property 155 Liberty Road. This along with the Timmons Circle property, became the Debtors form of residence.
24.
8931 Timmons Circle along 155 Liberty Road was originally filed as exempt in the Chapter 7 petition and was later amended in the Chapter 13 petition by Richard Valdejulli. The Timmons property is under construction by the debtor, lacks electricity, but provides bath and shower facilities for the Debtor.
25.
This property is of little value to the estate, yet provides essential living requirements to the creditor, and should be attended to last in this liquidation process.
26.
Debtor is unqualified to make a statement on law but does note that 11 U.S.C. § 522, does not specifically describe residential property as singular, " in real property or personal property that the debtor or a dependent of the debtor uses as a residence "
Background - Auctioneer is not of caliber to properly sell- Property values have not been ascertained through proper appraisal.
27.
On July 28 Chapter 7 trustee requested that Mark Manly of Weeks Auction Group Inc be retained for the sale of properties Timmons Circle and Andy Mountain Road.
28.
Mark Manley appears to be a recent employee, of Weeks Farm Machinery Auction, of Moultrie, Georgia.
Calls made to him disconnect (hang up) when transferred to his office.
Mark Manley is un-qualified, dose not have proper visibility and should not be used for the sale of property of the estate.
28.
No determination in fact has been made that there is not a connection between Mark Manley and the creditors which may be inappropriate for the sale of these properties.
29.
Debtor during his ownership has greatly improved the property. The pillar upon which the rapid sale at auction of the Debtors properties stands on is a false and low tax evaluation. Identifying the property as 1.5 acres rather than the 2 acres it truly is. The property has 2400 sq/ft of office, and a building warehouse footprint of 7,2000 sq/ft, the two acres are completely fenced. The insurance evaluation for the building alone is $575,300.00, when you add to this to the two acres paved parking, fence and location next to exit 29 on I-20, a proper appraisal will indicate that a if a proper sale of this property were conducted proceeds will pay all outstanding obligations.
Background - False portrayal of Creditor as poor and elderly - Rejected lease offered in negotiation.
30.
Jerry Austin was portrayed, at hearing, by his attorney as an elderly man, that needs this income.
31
Both Creditors Jerry Austin and Eddie Lawson are principal players in the Douglas County economy.
They are both millionaires.
32.
Creditors frantic push to re-convert this to Chapter 7, in the face of getting timely payments in Chapter 13, points to the potential use of this court simply do get the property back in a Yoyo fashion.
33.
On August 31 2016, as part of the negotiation offered by the Debtor was a lease on the property by Southland Machinery, a heavy equipment dealer with three locations in Alabama. The lease offers payment of mortgage obligation plus taxes and insurance.
This offer would promptly give principal Creditor Jerry Austin the income he is descried as needing. This offer was not even considered by the Creditors or their attorney.
34.
Creditor Jerry Austin, was presented with this lease offer, a lease tenant for the building which is willing to pay mortgage and tax payments as rent. In an emailed response to this offer August 31 2016, stated, "He can purchase in front of the court house where it will be sold". Indicating his un-willingness to negotiate, and showing no need of the income that would come to him.
Debtors Statement
I am 62 years old, I live with, and care for my 12 year old child.
In Chapter 13 I have proven I can pay my obligations far quicker than the Chapter 7 trustee can.
Legal fees are now higher than the original past due debt that initiated the foreclosure in the first place.
A fact which has not been presented is that I came to this court pushed by a wrongful foreclosure brought by these Creditors.
I have given my inheritance, and my home to the purchase of this property, 155 liberty Road, where I have my business and now live.
Without an attorney my focus is now is on this legal work, which I am incompetent to do. I am penny less, and helpless while attorneys take my assets in the form of legal fees.
Richard Valdejulli, I am told, is one of the best attorneys in this field. After the re-conversion to Chapter 7, he buys my son and I dinner, pats me on the back and says, "expect a large bill from me, good luck, Neil Gordon will now have you for dinner."
He then becomes even more un-responsive than he was before.
The reason I do not have tax returns since 1998 is because my income has always come via long projects, I make income differently.
In Chapter 13, I quickly paid what was requested of me. Then, my only two creditors take extraordinary efforts to prevent me from paying them.
My attorneys sister dies and I am thrown under the bus.
Why would my creditors under value this property for so far less than what I paid for it?
Why would they make such efforts to prevent me from paying them the mortgage we agreed upon?
I pray for any and all consideration.
Conclusions:
Debtor's estate has far more assets than liabilities and is able to pay Creditors as agreed.
The property/mortgage 155 Liberty Road is NOT "underwater", and is the only cause of this bankruptcy.
Debtor has proved income, and Debtor could have provided a prompt re-payment of accounts under Chapter 13.
There has been complicity by the Creditor in the previous business activities of the Debtor, that set the stage of the current Debtor situation.
The Creditor is looking for a "Court House Sale" and has no interest for the income of the mortgage agreement, therefore the hurried sacrifice sale of these two minor properties is un-warranted.
Wherefore:
Debtor objects to Chapter 7 trustees motion on the grounds,
That, The Timmons Circle property falls under the residential requirements of the Creditor, and should considered as such.
The hurried, or "fast track" sale of these minor properties is un-warranted.
Prior to sale, a proper appraisal should be conducted to ascertain the correct value's of properties..
Debtor request's that if properties are to be sold, other more qualified agents of national reputation sell these properties, that can show no association with the Creditors.
On 2016-09-01 13:05, Jarrod Plunkett wrote:
Claudio,I want you to know that I appreciate the efforts you are making to try and bring this transaction together. I am very busy with day to day operations of Southland Machinery and other deals. You met Steve Cotton with me the day I visited your building. Steve is a consultant that I use regularly on real estate deals as well as a close personal friend. At this time, I'm going to defer to Steve as far as communication goes. He is well versed with real estate, financing, and bankruptcy dealings. He will keep me in the loop. He is tasked with either bringing this deal together or finding us a suitable location fast. He is copied on this email. He will be reaching out to you before the weekend to see where we are with this possible lease. Thanks again for the hospitality and sincerity you showed us the other day.Jarrod M. Plunkett
Southland Machinery
