6. Return to Chapter 7
Things move fast on the way to total destruction.
The Chapter 7 Trustee was re-appointed on July 18, 2016. After the conversion, and return to Chapter 7, my attorney, Valdejulli, says to me, “you will be raped by Neil Gordon,” and “do everything Neil tells you to do.” He then writes a letter to Neil Gordon to tell him that I will be dealing directly with the Trustee, after which Valdejulli becomes very difficult to get on the phone.
Although the Trustee had said in Court that he would keep my property and preserve the business, he will quickly do the opposite. Real estate was my business and livelihood, without my properties, I am prevented from my work and will loose all my income sources.
The Trustee will abandon my tailoring business, tenants and the storeitorsellit.com web platform.
The value of the social media business, alone could be far more than any outstanding debt.
He will abandon my inventory, customer storage items, tenant leases, and many assets that could have been used to pay debt. The Trustee will proceed in a course that will NOT PAY THE CREDITORS. HE WILL FOLLOW A PATH THAT WILL TAKE THE LONGEST AMOUNT OF TIME, AND INCREASE HIS ADMINISTRATIVE COSTS. THE ONLY ENTITY THAT WILL BENEFIT FROM THE TRUSTEES ACTIONS - WILL BE THE TRUSTEE AND HIS LAW FIRM.
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 with 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 creditors, 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, so that we can come to a settlement.
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 Gordon, 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/creditor.
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. Victor Harrison, 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 there has been know to be. The mechanics of all judicial activity lends itself to corruption, and must have public supervision.
There are several issues with this court that are well documented.
http://metroecho.com/Bankruptcy-Articles
In this particular case this is what could be a possibility...
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 to sell 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, which would have ended the case altogether.
All these speculations, are the reason the Department of Justice, which is charged with supervision of this Court, should aggressively investigate the behavior of a Trustee when there is any appearance of wrongdoing,
September 9, 2016 I show the property to Jarrod Plunkett and he proposes to lease the property. This would save the property, and we could then sell property in Chile to pay any other obligations. The Chapter 7 Trustee refuses this offer.
October 11, 2016 Now without an 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 property 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! 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.
It is absurd that a court, describing itself as “bankruptcy protection,” would permit such a thing.
Next ... 7. Run out of town
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