The Attorney- Bankruptcy Specialist
2. Barbara Rogers
Under bankruptcy code, there are certain criteria a lawyer is to inform you about. Rogers did not. The below link is the expertise a client is supposed to obtain.
www.olathe-attorney.com/BankruptcyChecklist.doc (this looks nothing like what I received to sign up for
bankruptcy)
3/27/2006
Robert Pickelner my business attorney contacts Rogers concerning bank closing on DMG Inc. and F & S Ventures Inc. Pickelner had been my business attorney for 9 years and had handled my business transactions including the documents sent over to Crown Financial to provide the
bridge loan. Pickelner briefed Rogers and sent me over to see her – stating bankruptcy was probably the way to go in order to save my businesses and force a restructure of them.
Rogers has me fill out an initial application in a brief 30 minute sit down, and we have a few conversations on the phone after that.
I dated and signed this schedule, and it is the information I answered to at the 1stcreditors meeting. Exh 68 , p. 30-31.
Rogers states I would be filing non-spouse bankruptcy and only requests a few documents Exh. 68 Pg. 21
Rogers states to me that we will get the automatic stay, and once I get to the Trustee he will determine
what BK to put me in.
Rogers explains to me that my house is exempt, and I fill out the schedules letting her know my house is sold.
Exh 68 Pg.31 #11.
B Rogers faxed my handwritten answers to her questionnaire to Pickelner Exh 68 Pg.26, the first documentation showing early and consistent communications between my 2 lawyers. The fax number is Pickelner’s office. Later, she would say she couldn’t reach me, but I have documentation to prove all failures of communication were on her part, not mine. She admitted as much to the Trustee.
May 2, 2006
- Eve of Bankruptcy
My business attorney (Robert Pickelner) calls me and states that I have to file BK, that this is the only way
to stop Royal Oaks Bank (David McGuire).
Rogers emails me Exh.68, p. 68 and states for the first time concerning community property in BK, 6-month exemption on house money and that I had mentioned to her money I had back to a “friend.” She also states she just found out my house was sold last week. Exh 68 pg.
68 shows differently -- neither she nor her initial application stated this, and I did not have knowledge how this worked. I did not mention I paid a “friend,” -- I said there were several loans repaid. Why didn’t she discuss these things with me before she filed?
This turned out to be a very big problem. Notice that every time Rogers sent me an email, it states something after the fact – too late for me. She was in contact with Pickelner during all this time – another almost direct contact with me.
May 4,
2006
Exh 68 Pg. 40 Rogers sends a letter to the wrong address so I never received it. At the May 24, 2006 creditors’ meeting, exh 59, pg. 33, she acknowledges this letter as being she sent to the wrong address. On 6/22/2006, she sent another letter to the same wrong address, Exh 68, pg. 44.
May 22, 2006
Exh 68 Pg. 70 - Email - Tells me this is a community property state and “your wife’s bank account is yours.” That is interesting I am just now finding this out because in Exh 68 Pg. 30 #4 she is telling me to leave my wife’s info off and has never requested it before.
Same email states she is sorry for the mix up on your address. This mix up gets me in tremendous trouble with the trustee for not showing up to a meeting. She has also inquired about business bank statements and tax returns and letting me know I need to have it to be in bankruptcy. But this is too late -- why did she not ask for this in her initial bankruptcy application knowing the trustee would need this. Here is another email that is giving me info that I should have had prior to filing bankruptcy, as well as her making a mistake with the address.
Exh 68 pg. 72 - Rogers is explaining 1099 income that needs to be on the schedules. Never was explained before- once again another email sent post bankruptcy filing when she should have done this prior to bankruptcy.
May 24, 2006 - Creditors Meeting
Exh. 59, pg. 3 At the first meeting, the court stenographer enters my name incorrectly, and later I am accused of given a
fraudulent name.
Exh. 59, pg. 3
I confirm my wife is not in BK and then I am asked for documents concerning my F& S Ventures Inc., Dealer's Management Group Inc. and wife’s bank statements, Crown Financial Documents for bridge loan. I realize at this time that this was the job of Barbara Rogers and she
had not done it. Rogers could not have assessed my financial position because she had not asked me for any of this.
Exh. 59, pg. 3 - Sommers asked me if I had reviewed my schedules. Rogers jumped in and interrupted, stating that " that was the stuff you signed when you first came to my office for the 342." I didn’t know at the time, but realize now, that he was referring to a
document dated May 3, 2006, the day she filed the papers with the court. I did not see her that day. This is a document that I believe I never signed, and it states “under penalty of perjury”. The only “reviewing” she did in her office was the initial application form she had me
fill out. This statement to the Trustee was very misleading because I agreed with my lawyer, and I didn’t know which document he was referring to. I also can see that Rogers’ initial schedule does not correspond to the information I provided her on her application. There are omissions and misinformation. The Trustee reduced my asset in F & S Ventures Inc from $900,000.00 which was wrong. Sommers question was, “How did you come up with $900,000 assets for F & S Ventures Inc.?” I conservatively gave him the value of what it was appraised for prior to construction, which was $2,000,000-2,500,000. Sommers then says so you took the $2,000,000 minus the $1,100,000 payoff and came up with $900,000 –I agreed with his math, but the fact was there were stiil assets and loans owed me from the company. With buildings, utilities, and an income of $150k/yr., it was worth more than $900,000 . I felt left out of the conversation and assumed it was okay to go over this with my attorney. I hired an attorney to know these things, but Rogers said nothing and allowed the first
amendment, which turned out to, not only diminish a valuable asset, but to also result in criminal charges.
Exh 2 was amended July 3, 2006 but signed and dated by me Aug. 3, 2006 and this time F & S Ventures Inc. does not show up at all. This was the main directive from Sommers. This document I did sign and is my signature and states to the best of my knowledge. I didn’t recognize this error, but now I’m accused of being deliberately deceptive, and yet Rogers was not held responsible for her omissions or lack of guidance.
June 22, 2006
Exh 68 Pg. 44 Another letter is sent to me by Rogers, once again to the wrong address. She had just admitted in her previous
email that she put in the wrong address and would fix it, and yet she does it again. This is a letter telling me -- after the fact -- I missed a meeting, and then she mails it to the wrong address. Also, she’s notifying me of a reset meeting, but I never get this letter.
I am the one to suffer for this – not her.
Email - Exh 68 pg. 78 -
Letting me know I missed another meeting (thanks to her not contacting me or sending letter to the right address)
and that now the trustee is going to send the federal Marshalls out. Again – her error, but I get the blame. Why is there never a letter
or email beforesomething happens, always after. Even these letters that go to the wrong address are notifying me about
missed meetings. Throughout all this, Rogers is in contact with my attorney R Pickelner, but she doesn’t tell him about these meetings either. In her court testimony, she admitted the following: 1. She set appointments without my knowledge 2. She sent letters to the wrong address. 3. She did not know how to receive or send texts.
Email - Exh 68 Pg. 80 - now Rogers emails my attorney Robert Pickelner to state my schedules are in a mess and that I did not show up for a creditors meeting. She acts like she cannot find me but clearly in Exh 68 Pg. 81 my other attorney has no problem finding me in about 30 minutes or less. Rogers is continuing to damage me with everyone, when the truth is I was not there because of her continous mistakes.
And the schedules are messed up because she failed to obtain all necessary docs before filling out my schedules.
August 15, 2006
Exh 68, p. 86 - Email- now explaining she is getting me another lawyer. She also phones me about meeting with Mr. Ackard. I am not sure why she cannot handle it since she started this mess. She tells me that I need to pay attention. This is someone that has not got my address right, nor obtained correct documents before filing for bankruptcy, misrepresented info I gave her on the first schedules. Another
damaging email.
Rogers states she no longer wants to help me out and resigns Exh. 68, p. 87. Also – missed meeting.
Barbara Roger’s court testimony
1.
She did “what $1250 does” - indicating she did not feel the need to do
her job correctly
2.
She admitted she sent letters to the wrong address that caused me to miss
creditors’ meetings - this
strongly influenced the Trustee
decision
3.
She admitted she made appointments without contacting me.
4.
She admitted she did not know how to send or receive texts and this was
another reason for the mix up- she had to have her daughter show her
how.
Under bankruptcy code, there are certain criteria a lawyer is to inform you about. Rogers did not. The below link is the expertise a client is supposed to obtain.
www.olathe-attorney.com/BankruptcyChecklist.doc (this looks nothing like what I received to sign up for
bankruptcy)
- Any and all bank statements-
business and personal - Income is not the same as a
tax return- it is any and all monies received prior to filing BK –ANY AND
ALL MONIES RECEIVED IS CONSIDERED
INCOME - 2 years previous tax returns
for business - There is no such thing as
non-spousal bkr in a community property state- she never explained that to
me until after filing. - Means test- done incorrectly
and had no docs to do it as well as leaving my wifes income
off - Counseling certificate-
still have not seen one- supposed to be done before
filing. - Can not file bankruptcy
without all tax returns – she did
it.
3/27/2006
Robert Pickelner my business attorney contacts Rogers concerning bank closing on DMG Inc. and F & S Ventures Inc. Pickelner had been my business attorney for 9 years and had handled my business transactions including the documents sent over to Crown Financial to provide the
bridge loan. Pickelner briefed Rogers and sent me over to see her – stating bankruptcy was probably the way to go in order to save my businesses and force a restructure of them.
Rogers has me fill out an initial application in a brief 30 minute sit down, and we have a few conversations on the phone after that.
I dated and signed this schedule, and it is the information I answered to at the 1stcreditors meeting. Exh 68 , p. 30-31.
Rogers states I would be filing non-spouse bankruptcy and only requests a few documents Exh. 68 Pg. 21
Rogers states to me that we will get the automatic stay, and once I get to the Trustee he will determine
what BK to put me in.
Rogers explains to me that my house is exempt, and I fill out the schedules letting her know my house is sold.
Exh 68 Pg.31 #11.
B Rogers faxed my handwritten answers to her questionnaire to Pickelner Exh 68 Pg.26, the first documentation showing early and consistent communications between my 2 lawyers. The fax number is Pickelner’s office. Later, she would say she couldn’t reach me, but I have documentation to prove all failures of communication were on her part, not mine. She admitted as much to the Trustee.
May 2, 2006
- Eve of Bankruptcy
My business attorney (Robert Pickelner) calls me and states that I have to file BK, that this is the only way
to stop Royal Oaks Bank (David McGuire).
Rogers emails me Exh.68, p. 68 and states for the first time concerning community property in BK, 6-month exemption on house money and that I had mentioned to her money I had back to a “friend.” She also states she just found out my house was sold last week. Exh 68 pg.
68 shows differently -- neither she nor her initial application stated this, and I did not have knowledge how this worked. I did not mention I paid a “friend,” -- I said there were several loans repaid. Why didn’t she discuss these things with me before she filed?
This turned out to be a very big problem. Notice that every time Rogers sent me an email, it states something after the fact – too late for me. She was in contact with Pickelner during all this time – another almost direct contact with me.
May 4,
2006
Exh 68 Pg. 40 Rogers sends a letter to the wrong address so I never received it. At the May 24, 2006 creditors’ meeting, exh 59, pg. 33, she acknowledges this letter as being she sent to the wrong address. On 6/22/2006, she sent another letter to the same wrong address, Exh 68, pg. 44.
May 22, 2006
Exh 68 Pg. 70 - Email - Tells me this is a community property state and “your wife’s bank account is yours.” That is interesting I am just now finding this out because in Exh 68 Pg. 30 #4 she is telling me to leave my wife’s info off and has never requested it before.
Same email states she is sorry for the mix up on your address. This mix up gets me in tremendous trouble with the trustee for not showing up to a meeting. She has also inquired about business bank statements and tax returns and letting me know I need to have it to be in bankruptcy. But this is too late -- why did she not ask for this in her initial bankruptcy application knowing the trustee would need this. Here is another email that is giving me info that I should have had prior to filing bankruptcy, as well as her making a mistake with the address.
Exh 68 pg. 72 - Rogers is explaining 1099 income that needs to be on the schedules. Never was explained before- once again another email sent post bankruptcy filing when she should have done this prior to bankruptcy.
May 24, 2006 - Creditors Meeting
Exh. 59, pg. 3 At the first meeting, the court stenographer enters my name incorrectly, and later I am accused of given a
fraudulent name.
Exh. 59, pg. 3
I confirm my wife is not in BK and then I am asked for documents concerning my F& S Ventures Inc., Dealer's Management Group Inc. and wife’s bank statements, Crown Financial Documents for bridge loan. I realize at this time that this was the job of Barbara Rogers and she
had not done it. Rogers could not have assessed my financial position because she had not asked me for any of this.
Exh. 59, pg. 3 - Sommers asked me if I had reviewed my schedules. Rogers jumped in and interrupted, stating that " that was the stuff you signed when you first came to my office for the 342." I didn’t know at the time, but realize now, that he was referring to a
document dated May 3, 2006, the day she filed the papers with the court. I did not see her that day. This is a document that I believe I never signed, and it states “under penalty of perjury”. The only “reviewing” she did in her office was the initial application form she had me
fill out. This statement to the Trustee was very misleading because I agreed with my lawyer, and I didn’t know which document he was referring to. I also can see that Rogers’ initial schedule does not correspond to the information I provided her on her application. There are omissions and misinformation. The Trustee reduced my asset in F & S Ventures Inc from $900,000.00 which was wrong. Sommers question was, “How did you come up with $900,000 assets for F & S Ventures Inc.?” I conservatively gave him the value of what it was appraised for prior to construction, which was $2,000,000-2,500,000. Sommers then says so you took the $2,000,000 minus the $1,100,000 payoff and came up with $900,000 –I agreed with his math, but the fact was there were stiil assets and loans owed me from the company. With buildings, utilities, and an income of $150k/yr., it was worth more than $900,000 . I felt left out of the conversation and assumed it was okay to go over this with my attorney. I hired an attorney to know these things, but Rogers said nothing and allowed the first
amendment, which turned out to, not only diminish a valuable asset, but to also result in criminal charges.
Exh 2 was amended July 3, 2006 but signed and dated by me Aug. 3, 2006 and this time F & S Ventures Inc. does not show up at all. This was the main directive from Sommers. This document I did sign and is my signature and states to the best of my knowledge. I didn’t recognize this error, but now I’m accused of being deliberately deceptive, and yet Rogers was not held responsible for her omissions or lack of guidance.
June 22, 2006
Exh 68 Pg. 44 Another letter is sent to me by Rogers, once again to the wrong address. She had just admitted in her previous
email that she put in the wrong address and would fix it, and yet she does it again. This is a letter telling me -- after the fact -- I missed a meeting, and then she mails it to the wrong address. Also, she’s notifying me of a reset meeting, but I never get this letter.
I am the one to suffer for this – not her.
Email - Exh 68 pg. 78 -
Letting me know I missed another meeting (thanks to her not contacting me or sending letter to the right address)
and that now the trustee is going to send the federal Marshalls out. Again – her error, but I get the blame. Why is there never a letter
or email beforesomething happens, always after. Even these letters that go to the wrong address are notifying me about
missed meetings. Throughout all this, Rogers is in contact with my attorney R Pickelner, but she doesn’t tell him about these meetings either. In her court testimony, she admitted the following: 1. She set appointments without my knowledge 2. She sent letters to the wrong address. 3. She did not know how to receive or send texts.
Email - Exh 68 Pg. 80 - now Rogers emails my attorney Robert Pickelner to state my schedules are in a mess and that I did not show up for a creditors meeting. She acts like she cannot find me but clearly in Exh 68 Pg. 81 my other attorney has no problem finding me in about 30 minutes or less. Rogers is continuing to damage me with everyone, when the truth is I was not there because of her continous mistakes.
And the schedules are messed up because she failed to obtain all necessary docs before filling out my schedules.
August 15, 2006
Exh 68, p. 86 - Email- now explaining she is getting me another lawyer. She also phones me about meeting with Mr. Ackard. I am not sure why she cannot handle it since she started this mess. She tells me that I need to pay attention. This is someone that has not got my address right, nor obtained correct documents before filing for bankruptcy, misrepresented info I gave her on the first schedules. Another
damaging email.
Rogers states she no longer wants to help me out and resigns Exh. 68, p. 87. Also – missed meeting.
Barbara Roger’s court testimony
1.
She did “what $1250 does” - indicating she did not feel the need to do
her job correctly
2.
She admitted she sent letters to the wrong address that caused me to miss
creditors’ meetings - this
strongly influenced the Trustee
decision
3.
She admitted she made appointments without contacting me.
4.
She admitted she did not know how to send or receive texts and this was
another reason for the mix up- she had to have her daughter show her
how.