CHAPTER NINE

CHAPTER 11 RETALIATION


The sham California lawsuit and the refusal by California and federal judges to provide relief from the judicial civil right violations were inflicting serious financial harm upon my real estate business. Mortgage loans that periodically came due could not be refinanced because of the lis pendens that the Friedman law firm had placed on my properties. Valuable properties with hundreds of thousands of dollars in equities were lost, including my mountain-top home near Fairfield, California. Other loans were coming due, and I had to do something to circumvent the vast judicial scheme that misused the courts to destroy me financially, while simultaneously violating the blocks of state and federal statutory and constitutional protections. The Friedman law firm refused to allow the existing loans to be replaced with comparable loans, even though the properties they claimed their Texas client owned with me as community property would be lost. Their intent was to financially destroy me.

EXERCISING CHAPTER 11 REMEDIES
FOR CIVIL RIGHT VIOLATIONS

Chapter 11 is intended to provide time for people with net worth to pay a particular financial obligation, and to remain in control of their business and other assets. I had no financial problems. My problems consisted of the deluge of civil right violations Judicially inflicted and the concurrent voiding, for me, the state and federal protections that would have halted the attacks in their track. Taking the plain language of Chapter 11 at its word, I exercised Chapter 11 protections for these violations, which was probably the only time in history this was done. This approach was unorthodox, exercising Chapter 11 courts to force federal judges to provide declaratory and injunctive relief to which I was entitled and long overdue. I filed two cases in May of 1987. One was a personal Chapter 11 filing and the other was for my corporation Western Diablo Enterprises.

My plan was to bring the block of civil right violations to the attention of the Chapter 11 judges and have the lis pendens associated with the sham California action dismissed. The idea had merit, but unknown to me at that time, the judicial corruption didn't stop at the state level, or at the federal district and appellate levels. It was even worse in the Chapter 11 courts. I discovered an entirely new area of corruption that has a devastating influence upon thousands of innocent American citizens who fell victim to tentacles of the same corruption that I uncovered.

I had no warning of the endemic corruption in the Chapter 11 courts, thanks to the media coverup. I hired a San Francisco area attorney to file the two Chapter 11 cases for me, and he in turn hired Las Vegas attorney, Joshua Landish.(84) The cases were filed in Las Vegas.

The intent of filing the two Chapter 11 cases was to have federal judges declare my personal and property rights legally established in the five divorce judgments, applying federal law; and to have the related lis pendens removed. The cases were assigned to federal Judge Robert Jones. Instead of providing relief, Judge Jones protected the Friedman law firm and the California judges who committed the civil right violations that Jones was duty-bound to correct. Jones duplicated the tactics of the U.S. District Judges, and refused to address the violations of my federally protected rights.

However, Judge Jones did provide some relief, initially. During a September 11, 1987, hearing he rendered an order refusing to accept jurisdiction over the two Chapter 11 cases, ordered the removal of the lis pendens, and stated he was dismissing the two Chapter 11 filings. He delayed executing the order dismissing the cases for sixty days, permitting me time to refinance the buildings on which mortgages had come due. On the basis of the verbal order lifting the lis pendens, I obtained a firm refinancing commitment to pay off the $550,000 in mortgages that had come due,(85) and felt a sigh of relief that part of my problems were now addressed. But my relief was short lived. Someone apparently got to Judge Jones after his September 11 decision.

SABOTAGE BY MY OWN ATTORNEYS
Las Vegas attorney Joshua Landish, hired to protect my assets, proceeded to sabotage me. He did not notify me that there was a court hearing on September 28, 1987, for the personal bankruptcy case. This hearing was on a motion by attorney Estelle Mannis (Oakland, CA) for mortgage holder, Robil, Inc., and Superior Home Loans, of Hayward, California, to obtain relief from the automatic stay so they could foreclose on several of my properties.(86) They filed this motion immediately after Judge Jones rendered a decision refusing to accept jurisdiction and ordering removal of the lis pendens, which permitted me to refinance the mortgage and pay it off.

Disregarding these obstacles, by law, that hearing to remove the automatic stay had to be limited to that issue, and to the personal Chapter 11 case, which contained only a small part of the $10 million in assets. Nothing could be addressed concerning the corporate filing that contained most of the $10 million...


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