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EASIEST WAY TO INTREPET THIS WEBSITE IS TO READ THE GENERAL REVIEW THEN PRINT OUT THE EXHIBITS AND THE READ THE TABS IN ORDER FROM 2-6. THERE ARE SOME BANKRUPTCY LINKS AS WELL AT THE BOTTOM OF THE HOME PAGE WHICH WILL LET YOU KNOW MY UNDERSTANDING OF BANKRUPTCY WHICH DID NOT HAPPEN THE WAY IT WAS EXPLAINED.
General Overview
In 2005 unbeknownst to me my banker had entered into a sale of his bank which is called receivorship. They were being sold for $225 million. Bankers are not allowed to tell you this so i did not completely understand. What they are also not allowed to do during receivorship is make loans, our family had a thriving car business, mini storage and other commercial property. The banker had locked me up compleltely on all my lines of credit and i did not know why. I was going to leave the bank but was told they would resolve it just give them time. Finally in January 2006 my banker orchestrated a bridge loan using my storage as collateral and it would buy him time to restructure my loans as promised. On February 13, 2006 my bridge loan was completed and I made my first payment and on February 28, 2006 the banker started foreclosure proceeeding on all my assets even though my payments were current. Since all my businesses were cross collateralized they were all in jeopardy. Meanwhile in March 2006 my home was sold and another was purhased in Bastrop in April 2006. May 2, 2006 I get a phone call from both of my lawyers that in order to stop the bank from taking my assets I needed to file my bankruptcy and I follwed that advice. I did not want to lose my lifes work when there was no reason to. My lawyer filed a Chapter 7 when she should have filed a chapter 11 stating that this would get the automatic stay until it was sorted out in Bankruptcy. She also stated since I was filing non spousal not to put my wifes assets and that my home was exempt as well as 2 cars. I end up finding amongst numerous mistakes made in her filing which makes me responsible that what i was told was not correct. Despite having all of the evidence of the damage she caused such as sending letters for meetings to the wrong address, Emails telling me my home is exempt, Letters stating not to put my wifes assets, Testimony stating she did not obtain all documents before filing ( checking accts, tax returns, means test, counseling, business checking accounts) I was the one that is punished. I had no idea how bankruptcy works and I am not sure that anyone completely understands it. I did as i was told and obtained all these documents as requested , however now that i did so I was asked to amend my filings to make these changes that should have been done prior to lawyer filing. It is actually lying when you amend schedules and it is as the discretion of the court once you amend. Many people amend schedules because they are confusing but the courts can decide at any time if you amend you can be charged with perjury. I thought it was part of the process. Since a paralegal filled out the information on these schedules it is electronically signed and she had not put my new house on the schedules and i had never reviewed them nor would i have known what i was supposed to be looking at, they are large and monotonous. After amending all these schedules I had to give the trustee back my wifes car and $50000 that bought the home in Bastrop. If my lawyer would have had this correctly in the beginning there would have been no foul. Six years later the bankruptcy courts charge me with false declaration even though I made the amendments , and then charged my wife even though she was not in bankruptcy. Throughout this we lost all our businesses, all of our childrens college fund, all of my wifes inheritance from her grandfather and ran up lawyer bills in the $100,000 and as part of the deal my wife is set free (thank God!!!) and I am left going to prison and all any one can say is that my lawyer mishandled this, this was not done correctly, the courts should have reorganized your business etc.... I do not know what I could have done differently. I certainly was not going to sit back and watch them take my whole lifes work and take from my family!! I NEVER WENT TO BANKRUPTCY TO NOT PAY MY DEBTS, I WENT TO GET RESTRUCTURED ONLY AND THAT IS WHAT I WAS TOLD WOULD HAPPEN. PAYING MY BILLS WAS NEVER A PROBLEM I JUST DID NOT WANT TO LOSE WHAT WE HAD WORKED SO HARD FOR! I EVEN PAID BACK THE TRUSTEE THE $50000 FOR MY WIFES HOUSE AND STILL GETTING CHARGED !!
The mistakes made by my lawyer are infinite and i will itemize:
1. Even though i was filing non spousal she was to include my wifes income in order to obtain the correct restructure of debt and she did not.
2. Lawyer was to obtain all tax returns and bank statements personal and business before filing bankruptcy and she did not.
3. Lawyer sent letter for appearance to wrong address, then apologized to the trustee and took responsibility and did it again.
4. Lawyer then set appointments without contacting me at all and admitted this.
5. Lawyer stated to courts she did not know how to receive text on her phone and they were going to junk mail ( anyone that has ever had a phone knows there is no such thing as a text going to junk mail) however the court believed her.
6. Lawyer stated in her testimony since all i paid her was $1250 then what did i expect. ( I assumed at the time she received a portion of my businesses she recovered or the courts paid her something i had no idea how that worked as well as i assume i did not pay her enough so she did a bad job. I paid her what she requested).
7. Lawyer has letters to me stating do not put your wifes assets because she is not in bankruptcy so i did not put her assets, which cost us the house her grandfather initally paid for on our wedding and all of her inheritance and investment funds and her car as well as my childrens college funds.
8. Lawyer did not give me a means test which by law has to happen.
9. Lawyer turned in Schedules electronically signed by her that i never signed but I got charged with perjury.
10. I never obtained a counseling certificate which is supposed to be done prior to bankruptcy.
11. Lawyer admitted on the stand that her paralegal filled out the papers not her, I find this strange since I did not even know she had a paralegal and interested to know how a paralegal could posess knowledge of my finances that I never spoke to. I did not hire a paralegal , i hired a bankruptcy lawyer that come to find out specializes in business bankruptcy yet in her own testimony she stated she did not represent my business only me personally. How could that be? THE INFORMATION I PROVIDED MY LAWYER DID NOT EVEN MATCH THE SCHEDULES THEY TURNED IN TO THE TRUSTEE.
12. I have emails from my lawyer stating my house is exempt - yet this is the very charge that lands me in Federal Prison.
13. This is what a 30 minute consultation and bad advice will get you. By the way this lawyer was referred to me by my business lawyer of 9 years and he spoke with her. This is interesting because in court testimony she stated he referred business to her and I asked exactly how many times did he refer business to her and I was 1 of 2 people.
BANKRUPTCY LAWS ARE SO CONFUSING AND DISCRETIONARY THAT IT IS VERY HARD TO UNDERSTAND!!!
SO REMEMBER THERE IS NO WAY IF YOU OBTAIN THE WRONG LAWYER YOU CAN WIN. AS WELL DO NOT BELIEVE YOU CAN CONVERT YOUR BANKRUPTCY ONCE YOUR IN THEIR , IT IS A BLANK CHECK FOR THE TRUSTEE AND I ASSURE YOU HE IS GOING TO CASH IT!!!
I hope in showing this is not one of retaliation but just to reach out to the Public for help! My family has been on a long journey that has been so vicious and destructive. It is not my wish to attack the people who coordinated this but only to let the public know what happens in the world we all live in today. I have 2 young boys I could not be more proud of and Susan my wife that is so wonderful and would hope this website does not spark hateful comments toward my family due to the fact I am not sure how much more they can take. In the end if people believe I did all these terrible deeds then I understand. However this is the only release i have to tell my story that somehow everyone has ignored. This site will be completed over time and i will not be able to fill in all the history since i will not be here to do so. The public needs to know many things but one that always sticks in my mind as that when banks get ready to be sold and they are in receivorship it is all about the money they can get. Certain loans new banks will not carry and the only wasy to sale the bank is to foreclose or have those loans paid off. In my case the bank opted to sale for 225 million and leave myself and my family a casualty. This is not a banker bash, i have lots of friends that are bankers and do not want that mistaken.
In 2003 I was having the time of my life, I had just had my second son and was financially set, all my childrens college funds were in place as well as my wife had received inheritance monies from her Grandfather and we had put together 3 thriving businesses as well as commercial rental property. I could not have been more proud of what we accomplished. Honestly I could not have written a better story but that world soon turned into a nightmare. In February of 2006 my banker illegally foreclosed on my Finance Company and by leveraging my property (11.323 acre mini storage) through a bridge loan and spiraling me into a Bankruptcy proceeding that sends my children on the street and a wife on a discretionary diversion and me to Federal Prison.
SO REMEMBER THERE IS NO WAY IF YOU OBTAIN THE WRONG LAWYER YOU CAN WIN. AS WELL DO NOT BELIEVE YOU CAN CONVERT YOUR BANKRUPTCY ONCE YOUR IN THEIR , IT IS A BLANK CHECK FOR THE TRUSTEE AND I ASSURE YOU HE IS GOING TO CASH IT!!!
I hope in showing this is not one of retaliation but just to reach out to the Public for help! My family has been on a long journey that has been so vicious and destructive. It is not my wish to attack the people who coordinated this but only to let the public know what happens in the world we all live in today. I have 2 young boys I could not be more proud of and Susan my wife that is so wonderful and would hope this website does not spark hateful comments toward my family due to the fact I am not sure how much more they can take. In the end if people believe I did all these terrible deeds then I understand. However this is the only release i have to tell my story that somehow everyone has ignored. This site will be completed over time and i will not be able to fill in all the history since i will not be here to do so. The public needs to know many things but one that always sticks in my mind as that when banks get ready to be sold and they are in receivorship it is all about the money they can get. Certain loans new banks will not carry and the only wasy to sale the bank is to foreclose or have those loans paid off. In my case the bank opted to sale for 225 million and leave myself and my family a casualty. This is not a banker bash, i have lots of friends that are bankers and do not want that mistaken.
In 2003 I was having the time of my life, I had just had my second son and was financially set, all my childrens college funds were in place as well as my wife had received inheritance monies from her Grandfather and we had put together 3 thriving businesses as well as commercial rental property. I could not have been more proud of what we accomplished. Honestly I could not have written a better story but that world soon turned into a nightmare. In February of 2006 my banker illegally foreclosed on my Finance Company and by leveraging my property (11.323 acre mini storage) through a bridge loan and spiraling me into a Bankruptcy proceeding that sends my children on the street and a wife on a discretionary diversion and me to Federal Prison.
These are a couple of links that would help to read so anyone can understand where my state of mind was and what i was being told from my lawyer as well as identical advice on the below websites from other lawyers.
http://www.bankruptcylawnetwork.com/does-married-debtor-filing-individually-need-to-disclose-his-wifes-assets/
http://www.bankruptcylawnetwork.com/spouses-can-file-bankruptcy-alone/
This is a link for fraud on the court by attorneys ( This is exactly what my attorney purported)
http://www.clr.org/fraud.html
http://fraudonthecourt.blogspot.com/2008/01/southern-district-of-florida-bankruptcy.html
MY FUND RAISING GOAL -
TO KEEP MY FAMILY IN THEIR HOME WITH MINIMAL DISRUPTION TO THEIR LIFE UNTIL I GET HOME.