Dear Reader;
These are my notes from today. They are my impressions and my typing
(and btw, Tim Evans still has not gotten back to me on the use of
laptops in court, but that is my preferred method for taking notes
because I can do it all day with hardly a wrist/hand ache, but writing,
I’m good for about 15 min tops. Since Gloria talks a lot, I think it is
very important for me to be able to take notes on my laptop! So we all
need to put together another fax to him, and then perhaps a declaratory
judgment lawsuit. First amendment reigns supreme!)
If you want an accurate transcript, please order one and pay for it
and I will publish it here. Lea Black needs more documents for her file
that tell the truth, since that virtue seems to be a challenge for
Deborah Soehlig today, and in the past I have seen that this is a deep
challenge for Adam Stern and Cynthia Farenga also.
take care all
JoAnne
Sykes bankruptcy status call on Chase’s motion to lift stay and file foreclosure in circuit court.
Gloria and an atty is in court, it is probably her new one. Should be interesting.
Case is far behind and switched to Hon. Donald Cassling for judge
Court asks parties to identify themselves for record: Richard Bussie,
debtor Gloria, Deborah for Estate of Mary G Sykes, Atty Lovejoy and an
atty for Chase. No GAL’s. Good,
Lovejoy and DJS start right in. They assert there is a conflict of
interest over the $200M being held in Indiana. They explain the stay
was modified to allow for a partition. Judge Hollis modified that stay
to allow for partition of Gloria’s home, or the brown home.
There is no appeal of that stay according to DJS. (This is a lie, I
just found the case on Pacer and Gloria just submitted a very good trial
brief on 6/5/12 and I found in on Pacer).
OC’s agree that Judge Hollis already ruled this was a probate matter and did not belong in bankruptcy.
OC explains that there is due an accounting to the Estate of MGS and
that the debtor is claiming $200M in Indiana and so is the estate. They
claim there is a hearing scheduled on July 12 in Indians, which is 30
day within June 6.
Gloria raises her hand. Oh boy, let’s go! She starts in, visibly shaken, but she is going strong:
But first, her atty RB explains:
There is no true conflict. This is Gloria’s money. It was put into a bank account in someone else’s name via a verbat trust. RB was hired by Gloria to release those funds in Indiana, and he is attempting to obtain those funds. He explains further, the Motion for Relief from the Stay is before the court, and there is some discussion about his certification and he hands a copy of some pleadings to the lawyer from Chase, etc.
There is no true conflict. This is Gloria’s money. It was put into a bank account in someone else’s name via a verbat trust. RB was hired by Gloria to release those funds in Indiana, and he is attempting to obtain those funds. He explains further, the Motion for Relief from the Stay is before the court, and there is some discussion about his certification and he hands a copy of some pleadings to the lawyer from Chase, etc.
He asserts that this is a prima facie case, that the money is in
escrow, it cannot be affected by an Illinois Probate court, and he is
asking for the to stay in bankruptcy court.
He goes on to explain that many of the bk docts and schedules are in
error, were not properly filed and he wants time to correct them and
amend the ch. 11 proceeding
We are asking , o prima facie case, money is in escrow fund,
We are asking , o prima facie case, money is in escrow fund,
The Chase atty proceeds with how he wishes to proceed with his
foreclosure and he needs the stay in bk modified. He? Says he wants the
stay lifted pursuant to both houses. (DJS explains the white house and
brown house)
6016 has been served in partition action.
The Judge asks about the stay and the status and lifting the stay against one or both houses.
OC talks about a court proceeding in probate last week (Something was
done last week in probate? It’s not on the docket. Hmmm.)
They start to explain about the stay, and the foreclosure and
partitioning a property which is the interest in the property. DJS
explains, I’m not sure how this oges. I’m not sure it will happen.
Beemis says they have no standing in bk and the atty for the Guardian
should not be there at all– this is seconded by a statement from
Gloria.
Gloria wants to talk. She has been raising her hand, she has been giving the court looks she wants to talk…..
And there we go, the judge starts with a statement, “ma’am, you cannot speak if you are represented by counsel, ….”
NOT.
Gloria starts talking. She (DJS) has no standing, we are appealing
the modification of the stay in district court (true). Both Chase and
the Estate of MGS come to the court as creditors but they are not
creditors,
I prevailed in a lawsuit agains Lumbermans which involved my home,
and I wanted to move forward and fix up my property. That is also my
home office. They (all Opposing Counsel) came into probate and stopped
me from doing that. Six attys I have hired and paid have told me that I
have no standing, I have I have not been served, I have not been served
at all. They said they had to summons Chase to bring Chase into this
proceeding. I find an ambush, and I am now before Judge Darrah (sp).
There’s also a 2 1401 proceeding in the eviction they filed against me
because they wrongfully took my property which was listed in my bk. No
one ever lifted that (the automatic bk stay) to take my property (and
wrongfully detain it from my possession).
(Attys) People from probate come in here and they have no standing.
Popjoy came in here and he told me he was collecting a debt and he was my debt collector.
All these issues are part of my Adversarial Proceeding cases. I can
prove Chase willy nilly froze all my accounts (wrongfully) in 2009. I
can prove Chase has refused my payments. (Wrongfully)
All im asking is that you (consider these wrongful actions).
I know nothing about a hearing on the 12th, they have not served me.
I think the probate court must serve me (if they want to partition my
property).
Now 3 attys start talking/responding to what Gloria has spewed all over the court.
US federal credit union has the $200,000.
The court: Enough has been raised as to allegations. We need an evidentiary hearing (to lift the stay in bk).
I don’t know. We’ve got a secured creditor who says he has not been
paid, and that’s all they need to prove (in order to lift the stay so
Chase may foreclose).
They may not be the proper holder of the note (hey glo, ask for discovery)
I cannot indefinitely string them out. This has to be set for a quick
evidentiary hearing. I will give every one expedited discovery. Set a
hearing on two weeks .
(Attys start to argue about their schedules). The court: I can set this for the 25th starting at 10 am.
The court: the only issue presented will be Chase’s motion for relief
of the automatic stay. They will need to establish they hold the note,
they have not been paid, they will be allowed to establish defenses to
Gloria’s claims.
this will be in the morning on the 26th.
I will set it 9 am on the 25th. 9 to 11, should be plenty of time,
by close of business, look at pretrial order, and get those done by
22nd, close of business. One line description of witnesses and what
they will testify to.
Split it up an hour apiece. Now popjoy brings up 200,000 and
wonders if chase will file suit against those for the deficiency. I
don’t have a motion in front of me.
I need list of witnesses and exhibits by the 22nd.
I need list of witnesses and exhibits by the 22nd.
Status terminated.
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