The error seems to be failure to challenge the original proceedings by City. It is my understanding that appeals are made on the basis of error in lower courts, or "new evidence"(rarely successful). If the facts here are essentially true, it's a case of malfeasance. Government is often 'at fault,' but redemption requirestimely action. A similar situation in WV (court appointed 'trustee' --a real misnomer--defrauded heirs) eventually left nothing to probate. If the subject is truly wealthy, she should continue to appeal to U.S. higher courts. In my mentioned case, unfortunately the lawyers conspired for only 7-million. C'est-la-vie.
________________________________ From: Sam Sloan <[email protected]> To: [email protected]; lp manhattan <[email protected]>; lpny queens <[email protected]>; LPNY <[email protected]>; "[email protected]" <[email protected]>; lpny kings <[email protected]> Cc: [email protected]; [email protected]; [email protected] Sent: Mon, January 11, 2010 9:51:17 AM Subject: [Libertarian] Trapped in one's own Bankruptcy Petition Trapped in one's own Bankruptcy Petition I would like to ask my fellow Libertarians what they think about this issue. This is a new subject about which I was not previously aware. I have a lady friend, an old girlfriend, in San Francisco, who has become wealthy through real estate investments. She owns three buildings. Two are apartment houses from which she collects rents. The other is her private mansion at 2550 Webster Street where she lives. The mansion is on my website at http://www.anusha. com/bourn. htm The City of San Francisco brought proceedings to Earthquake Retrofit the mansion. It does not need earthquake retrofitting because it is built on solid rock at the pinnacle of Pacific Heights far from and fault zone. It was build in 1896 and easily survived the San Francisco earthquakes of 1906 and 1989. She finally complied but the City of San Francisco sued her for $500 per day for each day she delayed the Earthquake Retrofitting. The City of San Francisco finally obtained a default judgment in the amount of $600,000 although by then the Earthquake Retrofitting had been completed. Because of this huge default judgment, my lady friend was unable to refinance the house. This plus the current credit crunch caused her to become delinquent in her mortgage payments. Therefore, because the mortgage holders were about to foreclose, in July 2009 she filed for Chapter 11 Bankruptcy to give her time to refinance. In October 2008, the default judgment in favor of the City of San Francisco was set aside for failure to serve process. However, the city refused to remove the lien it had placed on her properties. Finally, in late July 2009 the city was forced to remove the lien from her property. Because of this she was now able to raise the funds from lenders to refinance the properties. However, before she could do that, the federal judge corruptly appointed a trustee. The trustee gets his fees of $425 per hour plus a commission of 6% on any of her properties he sells. Her three buildings combined have a currently appraised value of $12.5 million. Her debt on these buildings is less than $3 million. Thus, her equity in these buildings is $9 million. The trustee wants that money for himself. Therefore, he is refusing to allow her to refinance. He is proceeding with the sale of all of her properties at prices far below the market value of the houses. He is selling them so low that she will get nothing and will become a shopping cart lady when this is over. Therefore, she and I have filed repeated motions to dismiss the bankruptcy proceeding. Bankruptcy is supposed to provide protection. If she does not want to be protected, what right does a judge have to refuse to let her go free and fend for herself in the cruel world. So, she is being held prisoner while all her property is being sold at prices far below the market value. I am filing a Notice of Appeal in this case today, but do not tell anybody until it is filed. I want to surprise them. They will be surprised because they are alleging that I am a pseudonym, a fake, non-existent person. I have found a very interesting case that states in effect that federal bankruptcy courts are unconstitutional. Northern Pipeline Co. v. Marathon Pipe Line Co., 458 U.S. 50 (1982) I am appealing to the District Court, not to the Bankruptcy Panel, which is unusual and I think will throw them off. Wait until they find out that I am not a fake person after all! What do you as Libertarians think about this? Sam Sloan -- Sincerely, Sam Sloan 917-507-7226 http://www.SamsOwnBooks.com/shop.aspx http://www.sloanteaches.com [Non-text portions of this message have been removed]
