TRUSTEE Robert Geltzer FAILED TO PERFORM
HIS DUTIES UNDER THE GUIDELINES
Trustee Robert Geltzer extorted from us a hard won judgment by stating that he would not agree to lift the bankruptcy stay, thus allowing the debter to remain on our property (after four years) unless we would relinquish our claim to a judgment against the debtor for $240,000.00. (This judgment was awarded to us by the court after three years of intense litigation.) Trustee Geltzer falsely claimed an equitable interest in our property; a claim that he knew that he could never support. However, by so tying us up, he caused us to lose our property in a subsequent foreclosure. The fact of the matter is that he made no effort to preserve the asset to which he falsely claimed an interest. (Not when it was vandalized by the debtor nor when it was threatened with foreclosure.)
1) To collect and reduce to money the property of the estate and close the estate as expeditiously as compatible with the best interests of the parties in interest;
1. Trustee Robert Geltzer engaged in protracted litigation that was not in the best interests of the parties. (2004-2012 and still going)
2. After three years of intense litigation, the court signed the order converting the chapter 11 bankruptcy to a chapter 7, trustee Geltzer ignored his ”chapter 7” obligations to expedite.
3. Trustee Geltzer engaged in frivolous litigation against the creditor based on flawed theories prior to investigating the veracity of his own arguments or the legitimacy of the debtors.
4. Trustee perpetuated violation of court ordered adequate protection
5. Trustee Geltzer’s own confirmation of the debtor’s lack of standing, integrity and truthfulness is apparent in his depositions of the debtors.
6. At a hearing in federal bankruptcy court, held on January 31st, 2008, the trustee reported to the court that ”the debtors, and their alter-ego: the religious corporation, had been interchangeable for years as suited their own purposes.”
7. Thus, trustee Geltzer was and remains well aware of this debtor’s predisposition for altering documents and hiding assets.
8. Trustee Geltzer assumed this chapter 7 bankruptcy case in November of 2007. It is now June of 2012 and still litigating…and not liquidating! (Eight Years!)
9. Trustee Geltzer effectively liquidated the assets of The Creditor when he sold at auction those properties against which this creditor had secured judgments.
10. Trustee failed to pursue liquidation of The Debtor’s assets!
2) To be accountable for all property received;
(1) Trustee Geltzer allowed the chapter 7 debtor to continue to occupy the creditor’s resort property under a bankruptcy stay. In deference to his obligation to mitigate losses in a chapter 7 bankruptcy, trustee Geltzer was a direct cause for greater losses incurred by this creditor.
(2) Trustee Geltzer permitted the debtor to further utilize and subsequently vandalize creditor’s resort property for a prolonged period of time after conversion.
(3) Trustee Geltzer was notified and was otherwise aware of the debtor’s deliberate malice toward this creditor and that the debtor allowed the unchecked vandalizing of the property. Trustee Geltzer took no remedial action.
(4) Trustee failed to enforce and permitted debtor/defendants to remain in violation of court ordered adequate protection in perpetuity.
(5) Trustee failed to investigate and otherwise permitted third party, Maskil El Dal, LLC to fund bankruptcy
3) To ensure that the debtor performs his or her intention as to retaining or surrendering property of the estate that secures consumer debt;
(1) Trustee Geltzer grossly ignored this responsibility.
(2) Trustee Geltzer remained ambivalent in his stated intentions with regards to this responsibility, and instead chose to litigate against the creditor.
(3) Trustee’s self serving litigation against the creditor ensured that the debtor would remain on the creditor’s property for still another year.
4) To investigate the financial affairs of the debtor;
(1) Trustee Geltzer failed to fully investigate co-mingling of bank accounts of debtor’s and all aliases, including funding corporation, Maskil El Dal, LLC. and personal accounts of principals.
(2) There are several Principals of the debtor LLC and many ”culpable parties.”
(3) Trustee Geltzer failed to fully investigate bankruptcy schedules of debtor/defendant after they had been amended time and again.
(4) Trustee Geltzer failed to fully investigate debtor’s claims of $2M in ”improvements” to creditor’s property. The Occupancy Agreement expressly prohibited any alterations, or ”improvements” whatsoever and the property was accepted, ”As Is.” $2M in improvements claimed were post bankruptcy filing. Did the trustee approve any improvements? Did the trustee investigate the veracity of the debtor’s claim? The condition of the property post occupancy indicates nothing of ”improvements.” Post occupancy appraisal is illuminating when compared to pre-occupancy appraisal.
(5) Trustee Geltzer states in a recent stipulation to settle, that the debtor is ”administratively insolvent.” Nothing could be further from the truth. With limited research abilities, this creditor has noted countless real estate assets, corporate assets, and personal assets belonging to just one of the debtor principals. Indeed, many of these can be found in court documents relating to this serial bankruptcy filer.
(6) Trustee Geltzer attempted to perform ”an end run” around this creditor by not even advising the creditor that in December of 2010, a civil case had been filed in the southern district of New York.
(7) Trustee Geltzer failed to advise creditor of impending jury trial and of proposed stipulation of settlement.
(8) Trustee Geltzer recently (May, 2012) proposed a stipulation of settlement that would deprive the creditor of any compensation at all for the loss of assets and property caused entirely by debtors fraudulent bankruptcy and exacerbated by trustee’s time consuming, costly, frivolous and apparently ineffective litigation.
(9) This creditor’s ”Proof of Claims” identified secured claims of $3M plus unsecured claims in excess of $8M.
5) If a purpose would be served, to examine proofs of claims and object to any that are improper;
(1) Upon information and belief, lacking trustee approval, the debtor has settled with their insider creditors utilizing funds from another of their corporate entities, Maskil El Dal, LLC.
(2) Our attorney engaged the services of experts in the field whose investigative reports confirmed that insider creditors had greatly exaggerated their claims.
6) If advisable, to oppose the discharge of the debtor;
(1) Trustee Geltzer failed to oppose false assumptions and conclusions not based in fact when the court erred in opinions or proffered misstatements of fact. August 18, 2009 the court reversed itself in a long held ruling from July 20, 2005. In an illogical attempt to wind back the clock, the court paved the way for a compounding and confounding dismissal of the entire bankruptcy case which took place one year later.
(2) Lacking trustee approval, Trustee Geltzer was negligent when debtor filed a concurrent case in a state court. Not only did the trustee not authorize this frivolous expenditure of debtor monetary assets, but the trustee remained blissfully ignorant and uninvolved. All expense and litigation was left to this creditor in order to have case remanded back to the Southern District Bankruptcy Court of Stuart M Bernstein.
7) Unless the court orders otherwise, to furnish information concerning the estate and the estate’s administration as requested by a party in interest;
(1) Never done!
(2) Many times this creditor alerted the trustee and the court as to the deliberate abuse, neglect and vandalism of the creditor’s property during the prolonged bankruptcy stay of the debtor.
(3) The debtor was uninhibited as they illegally removed fittings and fixtures from the property during their bankruptcy stay.
(4) The trustee did not take any remedial action and did not assist the creditor in any attempts at mitigation and remediation.
8) If the debtor’s business is authorized to continue operating, to file with the court appropriate reports and summaries, including a statement of receipts and disbursements;
(1) Never Done!
9) And to file a final account of the administration of the estate with the United States Trustee and the court.
(1) This creditor has no knowledge of this ever happening.
Bankruptcy Fraud is a vast paradigm of frauds wrapped into a writhing mass of pedantic, judicial complexity, complicity and legal gobbledygook! It’s all smoke and mirrors. The Economic Underbelly of Bankruptcy for Profit: Trickle up economics, wealth redistribution from the bottom up and a Lemming-like ”race to the bottom” represents a self fulfilling prophecy that even the blind can hear and the deaf can see.
(A comprehensive legal expose’ of frauds including admissions by “Culpable Parties.” [pdf]�as of September, 2007)
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