JUDICIAL CORRUPTION IN OUR BANKRUPTCY COURTS

JUDGES BEHAVING BADLY

Judicial Tyrrany

A CULTURE OF JUDICIAL ARROGANCE AND CORRUPTION 
Attorney General John Ashcroft

Attorney General John Ashcroft

Attorney General John Ashcroft’s remarks to the Hague Global Forum on Corruption

“Bankruptcy court corruption is not just a matter of bankruptcy trustees in collusion with corrupt bankruptcy judges. The corruption is supported, and justice hindered by high ranking officials in the United States Trustee Program. The corruption has advanced to punishing any and all who mention the criminal acts of trustees and organized crime operating through the United States Bankruptcy Courts. As though greed is not enough, the trustees, in collusion with others, intentionally go forth to destroy lives. Exemptions provided by law are denied debtors. Cases are intentionally, and unreasonably kept open for years. Parties in cases are sanctioned to discourage them from pursuing justice. Contempt of court powers are misused to coerce litigants into agreeing with extortion demands. This does not ensure integrity and restore public confidence.”

“Our courts should not be collection agencies for crooks.”
The American public, victimized and held hostage by bankruptcy court corruption, have no where to turn.”

Now, can this really be emphasized enough? The Attorney General of the United States of America, has gone on the public record as stating that there are:

  • Corrupt bankruptcy judges
  • Bankruptcy trustees in collusion with corrupt bankruptcy judges
  • Justice hindered by high ranking officials in the United States Trustee Program
  • Corruption has advanced to punishing any and all who mention the criminal acts
  • Organized crime operating through the United States Bankruptcy Courts
  • [U.S.] trustees, in collusion with others, intentionally go forth to destroy lives.
  • Cases are intentionally, and unreasonably kept open for years.
  • Parties in cases are sanctioned to discourage them from pursuing justice.
  • Contempt of court powers are misused to coerce litigants
  • [Corrupt’s] coerce litigants into agreeing with extortion demands
  • American public, victimized and held hostage by bankruptcy court corruption,
  • held hostage by bankruptcy court corruption, have no where to turn

“If experience demands a presumption that a judge will seize every opportunity presented to him in the course of his official conduct to line his pockets, no canon of ethics or statute regarding disqualification can save our judicial system.”Justice William Rehnquist

Post Facto REVISIONISTS WITH AGENDAS

US DISTRICT JUDGES PAUL ENGELMAYER AND STUART BERNSTEIN

Finding of Fact dated April 28, 2011.

(A Gross Misstatement of Fact.!!!)

Judge Stewart M Bernstein: “I conclude that Lefkowitz has carried his burden of showing that his decision to continue the Debtor’s occupancy of the Property was both fair and reasonable. The Property was valuable and the Debtor’s Contract rights were a significant asset. While in the hands of Helen-May, the Property had deteriorated and further deterioration threatened to reduce its value.”

WHAT CONTRACT RIGHTS? Not only were any purported contract rights based on a major fraud, (and a non-existent entity) but they were terminated with the pre-filing issuance of a false instrument. (a bad check!) The fact is that the property was not under the control of the owner/creditor; it was under the control of the debtor/defendant, the trustee, the court and the debtor’s congregation! That is when the deterioration of the property occurred. (Attorney Letter To Judge Re: Damages.) Judge Stewart M. Bernstein failed to acknowledge that the court itself prohibited the owners (us!) from even inspecting the property during the defendant’s outrageous “rent free” four years of occupancy enforced by bankruptcy stay.

Judge Stewart M Bernstein also ignored the existence of pictures, video and sworn statements as to the pristine condition of the property at the time that the debtor/defendants entered into a contract to purchase the property. (Subsequently, the debtor/defendants entered into an occupancy agreement until such time as they would close on the purchase of the property.) The terms of the agreement expressly forbid any alterations to the property whatsoever! Yet, the debtor arrogantly ignored no fewer than seven letters from the owner’s attorney ordering them to cease and desist their demolition, destruction and vandalism of the property. An inspection was finally permitted by the court, however, and as the foregoing “statement of facts” reflects that the court once again chose to ignore the evidence thus gathered-link. (Conference Denial re damages-link)

Judge Bernstein’s “Finding Of Fact” continues:

“protecting the Debtor’s asset and future development plans. Although many of these expenditures also benefitted the camp, they maintained and enhanced the value of the Debtor’s investment. Furthermore, there was a substantial question, at least until the end of February 2007, whether the Debtor would ever have to pay the accruing Adequate Protection Payments, and the Debtor was still challenging the order denying the settlement’s enforcement as late as July 31, 2007, the end of the period covered by the Judgment. Hence, the decision to continue to occupy the Property through July 2007 was fair and reasonable when made, and the Trustee has not sustained his burden of ultimate persuasion that Lefkowitz breached his fiduciary duty in deciding to continue the Debtor’s occupancy.”

“Protecting The Debtor’s Asset?” When did our property become the debtor’s asset? Which legally executed document conveyed our property to the debtor? Answer: None! There were no legally executed documents by these debtor/criminals. This was not the debtor’s asset.  What a convolution of facts, semantics and logic. Furthermore, as provided for by law, did the trustee ever approve any expenditures on the property? Did the trustee witness such expenditures on the property? The debtor claimed to have spent $2,000,000.00 in improvements to the property…unauthorized by the trustee. Did the trustee ever witness said improvements? Why is it that the property appraised for considerably less after the debtors supposed $2,000,000.00 of improvements and four year occupancy, than it did at the time of their initial occupancy in June of 2004? Together, the trustee and our attorneys witnessed first hand the destruction left behind by this debtor/defendant. A subsequent letter was written to Judge Bernstein and pictures were made available to him.

Judge Bernstein’s “finding of fact” goes on to state: “Occupancy permitted Lefkowitz to spend substantial funds of his own to upgrade the infrastructure of the Property,”

The occupancy agreement expressly forbid any and all alterations whatsoever to the property barring written permission from the owner, Helen-May Holdings, LLC (Irene Griffin sole member) who, through her attorney sent seven letters demanding that the debtor/occupier “cease and desist” what amounted to demolition and destruction of our property! The debtor/defendant was clearly paving his way for his future development plans for our property…Before he owned the property!

Post bankruptcy filing, all debtor expenditures were required to have been approved and administered to by the trustee. The trustee never authorized any of these purported upgrades. Neither did the trustee authorize the debtor to settle with their “insider creditors!” The trustee had an obligation to ensure that the property was maintained during the term of the bankruptcy stay. Instead, the trustee continued to litigate against the creditor/owner regarding purported equitable interests that the debtor might hold in the creditor/owner’s property. This hostile action by the trustee effectively deprived the creditor/owner of any efforts to sell their own property.

The debtor/defendant has demonstrated a complete lack of respect for the court while the court bows to the debtor’s superior arrogance. Evidently, court orders are meaningless. As we know and “the facts” firmly reflect; the debtor/defendant lived defiantly and rent-free on our property for nearly four years. As to the debtor challenging the order declaring an unauthorized settlement, the decision was reaffirmed in an appeals court. Illogically, Judge Bernstein has stated: that while they were litigating and appealing this issue, (nearly six years by the time of his “Finding of Facts”) and while they remained on our property under the guise of a bankruptcy stay, the question was “whether the debtor would ever have to pay the accruing Adequate Protection Payment” Use & Occupancy, Lis Pendens, Contract Violations, Fraud, Damages, Etc.! With the assistance of the court and in an obvious strategy designed to deplete the creditor’s ability to survive their onslaught of frivolous and fraudulent litigation, the debtor/defendant has continued to kick the can down the road.

We are left with the impression that we were simply prey for the beast and carrion for the marauding scavengers. They made certain that they had picked the carcass clean before they swept the scat out of the door. After forty-two years of marriage, entrepreneurial endeavors and hard work, we have been depleted of everything…including our home, our savings and our investment property. Making matters even worse, the mortgage lender on the property is a close business associate of the debtors and a member of the same religious community that has mounted a biased, scorched earth campaign against me and my wife. We are being sued by the lender for two million dollars. ($2,000,000.00)

Hiding behind corporate law is bad enough, but hiding a non-existent entity behind a corporate veil is criminal fraud! There’s nobody there! Voila. An “Immaculate Deception.” Our very first response filing to Judge Cornelius Blackshear, ten years ago stated, “This entity does not exist as filed!” We sought a declaratory judgment to determine their identity and to lift the bankruptcy stay since they did not legally exist. We were denied! The debtor filed yet another fraudulent notice of bankruptcy and the court turned a blind eye. The court had an obligation Under The Law and yet, the courts knowingly allowed the bankruptcy case to proceed for ten years and even rendered determinations in favor of this non-existent entity! This “non-existent entity” has remained immune to “The Fruit of the Poisoned Tree” while it devours “The Fruits Of Our Labors!” Absolutely masterful! Seemingly, the fruit continues to grow sweeter for this debtor/defendant.nevergivup

 

The funeral of President J.F. Kennedy and where I was that day.

 

 

 

 

5 thoughts on “JUDICIAL CORRUPTION IN OUR BANKRUPTCY COURTS

  1. Wendell Harper says:

    I am a victim of corruption in the Chapter 7 Bankruptcy Court in Oakland. A “Notice of Possible Dividend” was issued to Deutsche Bank National Trust Company by the standing trustee. Tax Refunds were seized by the Trustee in our case (10-48255) by John T. Kendall. But not so strangely, the refunds never were distributed to creditors because not one of them filed a Proof of Claim. This even though the Internal Revenue Service and Franchise Tax Board board filed Notices of Determination that we owed them money. And, while no fees were retrieved by the court or the trustees, not one dime has been turned over to my spouse and me, as debtors in the case.

    The Trustee has admitted that he made a turnover request and got tax refunds based on the 1040x Amended Tax Returns we were ordered to turn over to him at a “341 Meeting of Creditors”.. He then issued a NOTICE OF POSSIBLE DIVIDENDS on April 19. 2011; and, two days later, the Court ordered me to make sure that creditor Deutsche Bank got a copy of the Notice and a Proof of Claim Form, or , our discharge could be a dismissal instead. Even though we followed hi order, the bank did not file a claim, nor did the taxing agencies; and, the ouft and the trustees declined to take administrative expenses.

    What’s even worse, .We have a a valid Deed of Reconveyance, (Clear Title) released to us by Bank of America and we have several Satisfaction of Mortgage Letters and Notices of Release of Lien given to us by Mortgagees. None of this matters, because the court does not address them. The Trustee(s) refuses to answer questions or to respond to my demand for full disclosure. The story is ongoing on my website, and I continue to grapple with these frauds legally. I am having some success. I have managed to learn that they got money for my payoff of the mortgage(s), which are the basis for my tax returns being turned into refunds by the IRS and given to the Trustee. I have a sworn declaration from Kendall on the tax refunds issue, and the dividend notice.. I will keep you posted. Read more onmy website.

  2. Richard rinard says:

    Our bk is so corrupt even fraud is allowed! We are an asset case as they say and can’t get out of BK the attorneys and trustees make so much money from just letting things ride I have produced enough money to buy everybody out a hundred percent and we still can’t get out 6:10 bk50349 SC….. Judge Scott Clarkson is reckless and trustee Helen Frazer and Art Cisneros are legally raping our family…… we have been in bankruptcy longer than Donald Trump…….. my girlfriend is offering to purchase as a co-owner under 363 I law first right of refusal on property and they’re blocking us……. I really need to get the news involved 909 269 9367 my cell richard rinard…and janna hickler.. this involves Central District Riverside and Judge Scott Clarkson Santa Ana California

  3. Max Holmes says:

    I have experienced first hand the corruption of a bankruptcy trustee in St Joseph Couny the state of Michigan. The trustee is trying to make it look like my home is worth 80,000.00 to 90,000 dollars more than it is worth.

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