PLEASE READ THROUGH ENTIRE POST -
THE TRUTH YOU ARE LOOKING FOR IS TOWARD THE END.
http://www.summit1031bkjustice.com/?page_id=2471
Currently, I believe I am the only person who had the priviledge of an all day deposition in front of Tonkon Torp's camera man. Now when I see some of the ridiculous questions I was asked to answer, I still get blown away by their blatant disregard for human rights.
Bankruptcy Corruption
I am the creator of this Summit 1031 Bankruptcy Blog. I am an Industry Insider as an accountant, real estate investor, and an LLC interest holder.
I am also a Whistleblower and an Investigative Blogger.
These new titles were made possible by simply recording and sharing the events that I was a part of with the victims of this bankruptcy proceeding.
http://edlabor.house.gov/newsroom/2009/02/gao-nations-whistleblower-laws.shtml
I have sold this blog to Crystal L. Cox. You may know that she is an Investigative Blogger, Whistleblower and Industry Insider as a real estate broker. She stumbled on my blog and in doing so she has stumbled upon many other cases of Bankruptcy Corruption across our country.In fact, there are many who have lost everything to this mechanism our government has created as a perfect looting tool. The powers of people like, the attorneys, judges, US Trustees offices, and the politicians keep this highway robbery undercover.
She has asked me to speak the whole truth so here we go...
Below is a story from a person who was a completely unbiased party -
"About the Summit Accomodators- Kevin Padrick Video
http://www.summit1031bkjustice.com/?page_id=254
ABOUT the infamous Padrick meeting video, when I first viewed it I didn't think it all that remarkable. Being ignorant of the facts at the time, I thought Kevin Padrick in this meeting, simply just gave a rundown of what he and his company, Obsidian Finance Group, had been up against in the month previous, and toward the end of the video it appeared that he pitched, with some practiced assurance I thought, how he and his company took pride in cleaning up distressed business situations.
As I began to become aware of the facts and the chronology of events preceding and following this meeting, my perspective changed; I came to see this video in terms of a betrayal as demonstrated by Kevin Padrick's defensive behavior toward the other parties around that table.
I also came to see how this video could be viewed as an embarrassment to the members of Obsidian Finance Group, the attorneys and others working along with Padrick and even the U.S. Bankruptcy Court. The scene viewed from a more informed point of view, whether one is for or against Kevin Padrick, is not pretty. He is, in this performance, much like a house cat spitting up the canary's feathers.
The behavior he resorts to in the video, in regard to the others, is in my estimation, an unnecessary act on his part, but none the less a telling display of the low character he stooped to with his surreptitious behavior toward, what up to that point had been, his employer, Terry Vance, and by extension Summit's Principals who were working their tails off to assist Terry in liquidating assets and wrapping up exchange business.
For me, the most revealing thing about the video was the last thing I learned- that this meeting in Bend was compelled by the Bankruptcy Judge a day earlier in Portland.
The Judge had learned, from a last minute appearance by one of Summit's representatives at a court hearing, that Padrick had not been keeping Summit's owners and the court approved Chief Restructuring Officer (CRO) informed of his actions. Actions that included Padrick's apparently self initiated and unauthorized actions with the creditors.
A little background: the CRO, Terry Vance, was contracted by Summit Shareholder’s (owners) as a part of a “debtor in possession” bankruptcy.
This person, approved by the court, is in charge of all affairs related to Summit’s Chapter 11 bankruptcy, including the contract with the financial consultants, in this case Obsidian Finance Group and Kevin Padrick.
In other words, for all intents and purposes, at this meeting and from the time Padrick and his Obsidian Finance Group had been contracted a month or so earlier, Terry Vance was Kevin Padrick's boss.
Kevin, it turned out, and as shown on the video, was an untrustworthy employee who had some time earlier, perhaps even from day one, made it his job to usurp his boss, disregard his contractual obligations and find his own way within the bankruptcy system, with his knowledge as a former bankruptcy lawyer, to gain the best position he and his company could to take financial advantage of this unfortunate situation.
Simply put, Kevin Padrick and Obsidian Finance were Bankruptcy Profiteering.
The meeting, authorized by Judge Dunn, was to be presented by Padrick to his CRO boss and Summit's owners as a recap of Padrick's (unauthorized) meeting(s) with the creditors, it is important to remember, at that point Padrick, who had been initially contacted by the Summit's owners prior to to the bankruptcy filing, and now managed under contract to the CRO was not in any way beholden to the creditors, other than promises he made them behind his employers back.
In fact by contract, Padrick's and Obsidians role was to assist in liquidating assets, in order for Summit to pay back exchangers/creditors under the Chapter 11 reorganization agreement. His role at the time was not to meet with the creditors, throw his employers under the bus and then back over them again when they complained.
If the person from Summit hadn't of scrambled and jumped a last minute flight over the Cascades to Portland to see what was going on, this unscrupulous employee would have gotten his boss fired and had his unwanted contract made irrelevant (which he succeeded in doing) and the people he screwed wouldn't have heard the backup signal for what it was.
No wonder in the video, one of the first thing heard
from Kevin is his voice crying,"Depose me then."
A comment that took the CRO and Summit's owners
by surprise (they'd merely asked, what's up?),
I don't believe an actual recap of Padrick's meeting with the creditors happened (if he had treated the creditors to the same charm he displays in the video, I doubt Padrick would have gained enough favor to collect gas money for his ride home, let alone be nominated by the creditors for the Trustee position).
It is interesting to note; the only way to compare meetings would be to compare records of both meetings. The closest thing to a record of Padrick's court compelled meeting with the CRO and Summit's owners is the video.
Justice would be served, if by means of discovery in a complaint Padrick lodged with Deschutes County against the video's existence, that a transcript(s) of Padrick's meetings with the creditors in the month prior to this meeting were compelled to be produced- to see by comparison if Padrick was in compliance with the Bankruptcy Court's wishes in providing information on what he presented to the exchanger/creditors.
At the time of the meeting neither any representative, nor the CRO, nor any of Summit's owners were, as far they knew, in an adversarial relationship with Padrick.
They were, as shown in the video, clearly a bit mystified by the lack of communication to accorded to them on Padrick's part. To their knowledge, he and his company were supposedly working on Summit's behalf to assist in liquidating Summit's assets- nothing more.
The video was made as far as the CRO and Summit's owners and their representatives knew, as much to record their comments in regard to each other's relationship to working toward liquidation of real estate assets and full payment to the creditors, as it was to pin down Padrick to what he had been doing the past month in behalf of this endeavor.
The CRO and the owners were at this time, in their minds, still all working with each other toward this end- including Padrick under the CRO's charge- all the parties, as evidenced by the video, were still on the same team. In other words, no body by making this video was implicitly trying to trap nobody.
It was Padrick's defensive demeanor during that meeting that first gave an indication to the CRO and Summit's owners of his newly revealed disposition as not being in concert with their plans to execute this bankruptcy and pay off the creditors.
Later, when the totality of Padrick's subterfuge and ultimate ambition toward gaining the lucrative Trustee position was revealed to the CRO and Summit's owners, then was the negative impact of his behavior to them understood.
They felt (and still do) that Padrick purposely crashed this business, a business that with his cooperation could have been crash landed instead.
A scenario where all exchanger/creditors would have been paid already.
It was, in retrospect, a few weeks after this meeting, that an animosity toward Padrick did arise. Where upon the video, made of that critical meeting, was reviewed in a completely different light.
From my vantage point, absent the eventual revelation of facts in this story, the video could just as well have been made into a marketing tool for Padrick and Obsidian Finance.
To an initiate of this story, like I once was, where Kevin allows himself to speak, the words sound convincing; as one puts the pieces together over time, a discovery is made; those sentiments are constructed on a ruse, his premises are fabricated to support an argument he doesn't and perhaps can't really believe in, and from the actions he has taken since in regard to ridiculously accusing Umpqua Bank for improprieties in its business dealings with Summit, one has to suppose that he was not completely honest with the creditors in their meetings either.
The facts and the truth they represent, is for Padrick in his unscrupulous ascendancy to the role of Trustee in this case, a big problem. Discovering these facts with a need to reconstruct the truth, for the rest of us, is what makes this video so important to this story."
Frank Israel
In the other bankruptcy corruption cases, the money was all gone by the time anyone had evidence to prove the looting had occurred.
As a CPA, I find it absurd that this bankruptcy system has absolutely no accountability built into it. They simply name a trustee and give him or her all the power to loot for many years and tell the creditors and the debtors that it is in everyones best interests' to give up transparency and accountability so that the court can make this move quickly so the creditors get paid back.
You are probably assumming that I just have some sort of vendetta. Well I don't.
I just don't like it when someone says they are working in the best interests' of the creditors, but their actions show otherwise. Pretty simple right!
You promise to take care of my creditors, then your actions should support this. Don't you all feel deceived when someone says they are going to help you and then they kill you?
It goes a step further, they don't service their clients in an accountable fashion. When you listen to the audio, look to yourself and see what you see. What if you were the 200 exchangers that have NO VOICE?
What if you were the debtors who were looking for help to pay creditors back and instead got Kevin Padrick? This is a problem that is much much bigger than this little story here.
There are many United States Citizens who are suffering from the aftermath of these asset rich bankruptcies. That is the Bigger Issue.
For our Nation to ignore this we are lying to ourselves about the ability for our Government to protect our money and our rights. I think it is more focused on their inability to protect our money and our rights.
How many creditors have even been contacted by Obsidian or Kevin Padrick?
How much information have you been given on this case?
In The 1031 Tax Group, LLC bankruptcy case, the Trustee sends out newsletters and lots of other information to this bankruptcy estate's creditors...
See for yourself and go to
http://trustee1031taxgroup.com/
Why doesn't the Summit 1031 bankruptcy trustee have to do the same?
Why aren't they required to be this transparent?
Why are the creditors sitting out there with relatively NO INFORMATION?
In fact, this Summit Blog, www.Summit1031BkJustices.com has more information than any given by Kevin Padrick to date.
Then we have Andrew Moore of the Bend Bulletin writing very heavily weighted articles in Kevin Padrick's favor. Wonder why?
Andrew Moore points out loans being made (this information coming straight from Kevin Padrick). Andrew Moore doesn't write that these loans have been paid off....Oh and the estate got approx 800K from the sale of his highland house.
BUT THANKS Andrew Moore for mentioning the Summit 1031 Blog...117 pages were pulled on Valentine's day. Record for a Sunday!
In a letter by Neuman written either late August or early September 2009 posted at http://www.summit1031bkjustice.com/ — a Web site operated by Neuman's daughter, Stephanie Studebaker-DeYoung — Neuman wrote that “I'm truly sorry for the pain it has caused all of the exchangers. I can only sincerely hope and pray that the assets we provided and any other monies available will result in the exchangers being made whole.”
I have to give you credit Andrew Moore for ending the article with the TRUTH...
"Bend resident Jack Robson, a creditor who initially lost roughly $50,000, says he thinks the return would be greater if there weren't so many attorneys involved. But he's not upset with Summit, he said."
“At the end of day, some people have lost a good portion of their retirement, and that sucks, but there is no malice involved in my experience,” Robson said. “They made poor decisions, and certainly who would have thought this would have been a possible outcome?”"
A ton has happened since my last post which I will share with you now. However, I think we need to first pay attention to the timeline and sequence of events...
1/1/08 - Summit 1031 held approximately $100 Million in exchanger funds. Of this $100 Million, approximately $73 Million was in Cash and $27 Million was in the form of Short-Term loans to various LLC's holding real property.
These LLC's had many investors (106 to be exact). Andrew Moore from the Bend Bulletin repeately says they had 100 or so LLC's. Well you would think an investigative reporter would get the real numbers right? Can't blame poor Andrew, he is influenced by the power and money of Kevin Padrick, so he reports what Kevin Padrick wants the people to hear.
There were only 30 or so LLCs holding real property that Summit Principals had an interest in. The other LLC's they keep referring to were set up to do reverse exchanges.
The Summit Principals had ownership interest in these LLC's only as Qualified Intermediaries. Meaning these LLCs held exchanger properties only. A separate LLC is set up for each reverse exchange.
So we are really only talking about 30 LLC's. All these LLCs had multiple members. The LLC's were liable for the short-term loans from Inland and understood there were responsible for interest and payoffs. Many of the loans Andrew Moore Mentioned in his most recent reporting were all paid back with interest.
Why doesn't Mr. Andrew Moore report this? Well Kevin Padrick wants the public to think these monies went out and never came back in...then you will stay mad at the Summit Principals.
DID YOU KNOW KEVIN PADRICK WAS,
EFFECTIVELY, HIRED BY SUMMIT PRINCIPALS
PRIOR TO SUMMITS FILING
CHAPTER 11 BANKRUPTCY
ON 12/18/08?????
Around 12/7/08 - Kevin Padrick meets with Summit Principals - Well yes they did.
You see Kevin Padrick met with the Summit principals in early December 2008. By talking with the Summit Principals about this meeting, it looks like Kevin was more than willing to help them with their liquidity crisis.
Kevin Padrick said his company, Obsidian Finance Group, LLC, was the best at helping save distressed businesses like Summit Accommodators, Inc. Good news right?
Kevin Padrick said he had partners with DEEP POCKETS who would help fund the short-term liquidity issues. At this meeting, Summit Principals explained the business of short-term lending, told Kevin Padrick about the properties they were willing to hand over and about the $14 Million of cash that was in the Summit bank account. At no time during this meeting did Kevin Padrick even mention the words fraud, ponzi scheme, embezzlement, or illegal.
After this meeting with Kevin Padrick, the Summit Principals approached Summit 1031's bankrupcty attorneys, Sussman Shank, with the posibility of contracting with Obsidian Finance since they seem to be the best has helping distressed businesses.
Sussman Shank agreed that it would be a good idea to contract with Kevin Padrick and his company. However, the contract should be signed after a Chief Restructuring Officer is put into place (after they filed bankrupcty)
12/18/08 Summit 1031 filed for Chapter 11 bankruptcy - DIP "debtor in possession" reorganization. In this type of bankruptcy a Chief Restructuring Officer is named and he is the "acting boss" of the reorganization to payback the exchangers.
It wasn't until the bankruptcy was filed and Terry Vance was named CRO, that the official contract to hire Obsidian Finance Group, LLC was signed by Terry Vance and Kevin Padrick.
"Click Here to See Contract Between Obsidian Finance Group & Summit 1031"
The Summit Principals chose a Chapter 11 Bankruptcy because they thought this was they way their creditors would get paid back quickly according to their attorneys and according to the financial consultants at Obsidian Finance Group.
12/19/08 - end of December 2008 - Summit Principals gathered all the information and willingly gave it to there supposed saviors, Obsidian Finance Group. Ewan Rose, said thanks, we will get you our proposal within the week. No proposal was ever delivered.
Early February - Kevin Padrick makes a presentation to the Creditors' Committee. What? Thought they were supposed to be getting the proposal to the debtors NOT the creditors??? Jeez this stuff is so confusing.
2/11/09 - Summit 1031 Bankruptcy Hearing where Creditors' Committee is pushing to replace Terry Vance as CRO with Kevin Padrick as CRO. Lucky for Kevin Padrick, at this hearing Judge Randall Dunn 's idea to resolve the matter at hand is to appoint a liquidating trustee.
It wasn't until yesterday that I received the legal document from The 1031 Tax Group, LLC case that says, "The appointment of a chapter 11 trustee is an extraordinary measure". After going back and listening to the audio from this hearing, it seems to me that this appointment of a chapter 11 trustee was originally presented by Judge Randall Dunn.
DON'T Miss Clicking Here for the Audio - Click Here for Judge Randall Dunn Abruptly decides to Appoint a Trustee
Kevin Padrick has stated in his declaration under penalty and perjury that Doc 551 "8. Ms Studebaker-DeYoung has also posted on her website what appears to be an audio recording that she made during an official court hearing proceeding, in violation of Court local rules"
"Click here to find out directly from the US Clerks office that I did properly order this audio"
From Transcript:
"Judge Dunn - Let's talk about the joint motion of the debtor and the official committe of unsecured creditors to substitute Obsidian Finance Group LLC for Mr. Vance as Chief Restructuring Officer and I have a limited objection from the US Trustee, requesting some additional time to see if this is the proper road or whether I ought to be appointing a chapter 11 trustee and I have a middle ground suggestion for the parties consideration and we may not get there today...WHY DON'T WE APPOINT OBSIDIAN AS TRUSTEE????
Ms. Vivienne Popperl (attorney for US Trustee) - Sorry your honor but that is a decision for our office to make.
Judge Dunn - I understand that so I am throwing it out as something that you should consider.
Ms. Vivienne Popperl - We will certainly consider that, but at this time we're very concerned about who is really directing this case. At the moment it appears to be the professionals.
Judge Dunn - It doesn't appear that way, there's no question the professionals are directing this case. There's no one else in the driver's seat.
Ms. Vivienne Popperl - Which is why we need a trustee and that is why we request a little extra time to get a motion and appropriate memorandum before the Court and we certainly will consider Obsidian, but we will consider other canidates as well.
Judge Dunn - Well, well, that's fine, but I'm not sure I need additional memorandum. I think that needs to be discussed with debtor's counsel and Obsidian and the committee and see where we come out. I understand why you would move for appointment under section is it 1112, whatever section and I'll ??? with that. But I think the parties should talk and do what makes sense here, but certainly if the creditors' committee has evaluated Obsidian's work to date and their potential for future work...that's going to weigh strongly in the Courts consideration in terms of the interests' of creditors and I do agree that we need someone clearly in control of the ship of state?? that is functioning in effect as a trustee would so in the absence of further direction I really would like to see Obsidian named as chapter 11 trustee, but I leave that for the parties to argue out.
Ms. Vivienne Popperl - Well then would the Court entertain an oral motion directing the US Trustee to appoint a chapter 11 trustee or do we need to file a written motion?
Judge Dunn - Well I want to here from the parties and their respective positions on that, but I don't want to trample on the US Trustee's office perogatives either so if you would be offended by such an order based on an oral motion, I'm not going to do it, but I just am suggesting that it makes sense to consider it. Mr. Padrick's here...Is Obsidian oppossed to serving in the position officially as chapter 11 trustee.
Kevin Padrick - No Your Honor subject to the parties desires.
Judge Dunn - Right so that's something I want the parties to talk about and consider because frankly at least my review of the situation with respect to the case as to what's going on...having Obsidian functioning officially in the position of chapter 11 trustee solves a multitude of problems, but what do I know?"
Steve Hedburg (Lead Attorney at Perkins Coie and worked under Kevin Padrick at Miller Nash back in the day) - Steve Hedberg seems up to help out with the appointment of Obsdian no matter what other's concerns are due to the vote on the creditor's committee. This committee is only made up of about 5% of the creditors. Did the group of creditors understand the ramifications of converting to a liquidating trust? Steve Hedberg rambles on about how creditors are voting for Obsidian no matter what guidelines are followed Obsdian will be trustee.
I can't even spend the energy typing the rest of this now. BUT I did run into another interesting tidbit of discussion between Ms Vivienne Popperl and Judge Dunn...
Cont. Transcript...
"Ms Vivienne Popperl - Your Honor I’d just like to bring to the courts attention that the Court had been granted an oral motion. I want to make sure that the Court feels comfortable having done it with no notice because 1104(a) does say that a request of a party in interest or the United States trustee, and after notice and a hearing, the court shall appoint a trustee - WELL THAT DIDN'T HAPPEN NOW Did it?
They act as if they are following the procedures, but they willy nilly throw them out the door when they don't fit their agenda. Is this whate they mean by Highest Fiduciary Duty.
DON'T Miss Clicking Here for the Audio - Click Here for Judge Randall Dunn Abruptly decides to Appoint a Trustee
Here Ms. Vivienne Popperal is referring to Title 11 U.S.C US Bankrupcty Code Section 1014 (a)
§ 1104. Appointment of trustee or examiner
(a) At any time after the commencement of the case but before confirmation of a plan, on request of a party in interest or the United States trustee, and after notice and a hearing, the court shall order the appointment of a trustee—
(1) for cause, including fraud, dishonesty, incompetence, or gross mismanagement of the affairs of the debtor by current management, either before or after the commencement of the case, or similar cause, but not including the number of holders of securities of the debtor or the amount of assets or liabilities of the debtor; (didn't apply to Summit, unless they are talking about Sussman Shank and Obsidian Finance??)
(2) if such appointment is in the interests of creditors, any equity security holders, and other interests of the estate, without regard to the number of holders of securities of the debtor or the amount of assets or liabilities of the debtor; or (this is very arguable)
(3) if grounds exist to convert or dismiss the case under section 1112, but the court determines that the appointment of a trustee or an examiner is in the best interests of creditors and the estate. (doesn't look like it applies to Summit)
Please See Attached. It also says "The appointment of a chapter 11 trustee is an extraordinary measure" and the it "should be the exception, rather than the rule". "The decision to appoint a chapter 11 trustee is a factual determination entrusted to the discretion of the bankruptcy judge".
I bet the US Department of Justice knows
this proceeding did not follow the legal procedures.
After listening to this circle of players go on and on about replacing the Chief Restructuring Officer, Terry Vance, with Obsidian as Trustee. Seems everyone is in agreement right? Only Brian Steven's attorney, Foraker seems to be mind boggled by the happenstance of this hearing.
Who was representing the Debtor? Who was representing the 200 creditors?
They decided this in a matter of moments and they seemed to all really like the idea. Why follow any procedures? Who cares about who is doing the job? Who cares about anybody? Seems like they are havin a good time entertaining themselves with how do you get Obsidian in Control of the Estate and the Assets???? For my common sense brain this is So Confusing.
In Sharon Steel Corp "the standard gives the.... court discretion to appoint a trustee when doing so would serve the parties' and estate's interests". In Ionosphere Clubs, Inc. the standard for appointment of a trustee should be...... "facilitation of a reorganizatoin that will benefit both the creditors and the debtors".
Courts have considered several factors including "the benefits derived by the appointment of a trustee, balanced against the cost of appointment".
It seems to me this was a rather rash decision and it was happening no matter what happened at this hearing. What are your thoughts?
Did you think that was it??? No there is more...
As you can hear for yourselves, the Judge says we can have this presentation...
I worked out the schedule with Kevin Padrick & the Summit Principals to hold the Presentation at the Summit Bend Office at 10:00AM on 2/12/09. Kevin Padrick was an hour late to the presentation. There was much discussed about the bankruptcy proceedings during this hour of waiting amoungs some other fun chatter. I forgot I had the camera on the webcam for the duration of Kevin Padrick's tardiness.
There is no way I could have scripted the discussions and events that occurred. I like that it is an accurate representation of what what going on at that point in time and how there was a HUGE disconnect between what Terry Vance and the Summit Principals knew and what the Portland courtroom was basing motions and orders on.
Why weren't Terry Vance and Summit Principals able to have their own say about appointing a Chapter 11 Trustee. Susan Ford did not represent Terry Vance, she just spoke for him.
Also why is there not a conflict of interests for the Debtor's Attorney, Sussman Shank, to serve as counsel for the Liquidating Trustee, Kevin Padrick??? Seems a slight conflict, but what do I know.
The Hearing was on 02/11/09.
We had the presentation on 02/12/09.
The night of 2/11/09 I researched on the internet about this type of situation where I ran across the recording of court authorized meetings that were semi-public (Since Judge Dunn said all interested Parties would be interested in this presentation and from this, I believed I was able to come that it was a semi-public meeting. You can record a semi-public meeting if the camera equipment was not concealed. I did not conceal the camera equipment.
Kevin Padrick reported by so-called "illegal recording" to the Bend Police department in July 2009, just after he noticed it was on the Summit Blog. After some investigation and checking with my attorney we found out the investigation was going nowhere.
On January 5, 2010 I received notice that I was being charged with 2 misdemeanors of "illegal communication" related to the recording and the divulging of this recording.
Besides the fact that the investigation is stale, there are a few issues that seem fishy regarding why the DA incorrectly filed this claim.
A. The officer thought I told him, in July 2009, that I set up the recording computer in the "middle of the conference table". The officer apparantly next, thinks he found an inconsistency because he said it was readily apparrent that I set up the device on the "back counter behind the Summit Principals."
I think the officer erred twice here.
1. The device was facing Obsidian (the three people who are complaining (Kevin Padrick, Ewan Rose, & Ryan Norwood) - thus it was unconcealed, even by the officer's standard.
2. The officer did not follow me (comprehend me (understand the importance of what I was saying)) when he interviewed me 4 months after the recording, in that he did not correctly quote me where I told him how the computer was set up. My own package of evidence should have jogged his memory.
B. Padrick, Rose, and Norwood were the only individuals interviewed by the officer besides me.
It seems that an unbiased officer (or rather an officer that was not being harangued by some powerful attorneys) would have interviewed Terry Vance and the other people who saw where I set up the computer.
It looks like the first Deschutes County Deputy, likely contacted by Obsidian Finance, probably closed his investigation without criminal finding against me. Obsidian next pushed the Bend Police officer to follow up over 5 months after Padrick's initial complaint.
Next, the officer passed the buck (not a common practice) to the District Attorney's office without a citing or closing the case.
Next, because the District Attorney's office (who also probably initially declined the case) to follow up. In other words, in all likelihood, at every step of the process, Obsidian had to resurrect the case, that otherwise would have remained close, by pressing things.
Don't pass up clicking the links below
they tell the rest of the story.
Part 1
http://www.megavideo.com/?v=F6Y3A7FZ
Part 2
http://www.megavideo.com/?v=QN1DNBUL
Transcription
Part one:
Tim: The big thing is that you get the sound not so much the picture.
Stephanie: Ok, and so is it.
Brian: Is Kevin not coming here?
Tim: No, he’s coming here.
Stephanie: He’s just running late.
Tim: Ewan and Ryan are here already.
Stephanie: Here. Jan. Jan.
Stephanie gives the camera to Jan.
Brian: My attorney, two days ago, said it is a done deal. Obsidian is going to be - and start working on a relationship here. I was like; I mean what a change yesterday.
Tim: They made that change.
Mark: Well, I kind of got a little bit of the same thing…yah know. I just said, I am not in favor of these guys, I don’t trust them. I don’t trust them a bit. They are expensive as hell. They haven’t shown us one thing and he’s (Bankruptcy Attorney) kind of giving me the, “O.K, well I could say that”, yah know, “Are you sure you want me to say that?” (Mark to the attorney). You guys are screwing us anyway on everything, so whatever.
Stephanie: But the main thing is that the Judge can decide, right? So he (Judge Dunn) has the ear of the committee right now and the committee wants these guys (Obsidian), so unless there’s some good reason why…
Tim: Yeah, and we just need to be very objective in our analysis of it and...
Stephanie: Yes, we can’t be. Yah know…it’s just gotta be…here’s the deal and look at this in the business way of why it will not work or why it would work.
Mark: I think unless they got something…I don’t know what they could have.
Stephanie: But the $100,000 is considered a retainer that you guys paid so it’s not gone and it would go towards whatever or it would be refunded. I asked the Judge!
Brian: Well most of it’s gone.
Mark: Most of it’s gone.
Stephanie: Most of it’s gone already?
Mark: Yah, they’re going to get paid. They’ve already agreed.
Brian: It’s was like $60, probably like $80 now.
Tim: Oh, do you know that?
Brian: I heard them say $60 and after this hearing, this meeting here and you’ve got three guys here, yah know
Mark: Yah, that thing is not going away.
Jan: Well is it like anything else? Upfront they say what all this is going to cost so that at the end you’re not going, ok that’s the bill? Where is it that you can…?
Mark: They need to do a budget. How do you do it without a budget?
Jan: …say give us an estimate?
Stephanie: The thing is so...Vivienne is going to…I need to contact Vivienne with our concerns and what things we have today ASAP so that is our only focus – K?
Mark: Do you have Obsidian’s agreement? I meant to grab it…
Brian: I bet you I do?
Brian leaves the room
Tim: I have it. Just one copy of it, but.
Mark: That’s ok; I just need it for…
Stephanie walks around the table.
Tim: I mean this is all we have is kind of this outline…it’s very little detail.
Mark: No, no, no their…Oh, oh yah, yah…that’s what I want.
Jan: Brian’s got something he is holding...
Brian comes in
Stephanie: This has a camera on it. You need to leave this and tell them not to mind this. I already asked Terry and he said fine, bring it in.
Jan: OK
Mark: Is it really pointed in the right direction.
Jan: So this is taping now?
Stephanie: Yah, it’s taping now.
Brian to Tim: You know what I don’t like about this agreement…was just this one paragraph here about. That they are supposed to be engaged by the company and giving us…
Stephanie: Brian can you sit over there?
Brian: Do I get to be on TV that way?
Stephanie: No, do you want to be on TV?
Brian: No.
Jan: We want them to be on?
Stephanie: Yes.
Jan: Ok. Steph, do you want to sit here and I can sit?
Stephanie: No.
Mark: Make sure Lane sits there.
Brian Leaves
Jan: Tim’s very calming.
Stephanie: Yah, I know.
Tim. But yah know, when I am on the edge, when I flip over, I’m not pretty.
Laugh
Tim: Mark’s probably seen me a couple oft times, but yah know, I can go on a rant pretty easy.
Mark: I don’t mind it if it’s not directed at me. When it’s directed at me, I don’t really like it that much.
Laugh – Stephanie Leaves
Mark: This is the paragraph that concerns the hell out of me.
“It is not one of OFG’s right to be paid from the Summit Estate for all matters not directly related to the assets such as general services, tax related services, including claims mitigation and claims and distribution calculations.
Further, all services not directly related to the collection of the assets such as providing testimony, responding to subpoenas and other forms of discovery participating at the request of the advisory committee and any other groups and sub-groups of creditors in identification of third-party claims shall be OFG’s standard.”
Terry Vance Comes In
Mark: And my question is - What’s the budget there? You must have estimated what this is going to be.
Jan: Yeah get the number, what’s it gonna cost?
Mark: That could be a huge number, but I am still saying, just by landing this job at 15%, doing nothing but listing all this with realtors. If you say the cash proceeds are $10 Million, it’s almost $1 Million bucks for doing nothing. They don’t have to do anything. It’s already whatever it’s worth. It’s built in. Just for accepting the offers. Terry, if I’m in jail on August 14th, are you going to call and wish me a happy birthday?
Terry Laughs
Mark: You should.
Terry: Send you the proverbial cake?
Mark: Yah
Stephanie: So, do you think you could attend?
Terry: I can do anything I want
Stephanie: I want to know if you want to attend.
Terry: Well, it’s going to be interesting.
Stephanie: I think it would be beneficial if you attended.
Mark: I think it keeps it real honest.
Terry: That’s an impossibility!
Mark: Laugh, ok…
Terry: Maybe it will improve my perspective.
Jan: Do you think somebody needs to be writing anything?
Stephanie: I am. I’m typing.
Mark: I am too.
Terry: Do you got it on now?
Stephanie: Yah.
Terry: So you’re just recording it right?
Mark: You being here it just helps with accountability.
Jan: Enough people are here listening.
Mark: Is Kate (Brian’s daughter) coming? Did they invite Kate?
Kate Enters
Stephanie: She is trying to find me.
Kate: Oh, there you are.
Kate gives Stephanie Coffee
Stephanie: Thank you.
Jan Leaves
Terry: Who are we waiting for?
Tim: Kevin, I think?
Stephanie: Kevin. He said he was caught in Sunriver due to the snow.
Mark: Apparently, he is not very experienced in snow.
Stephanie: Or maybe...he might have been driving back this morning. I couldn’t tell.
Terry: He doesn’t drive, I don’t think.
Stephanie: He doesn’t?
Tim: He flies.
Terry: He flies.
Stephanie: Oh, maybe he was flying back this morning.
Mark: Maybe, there’s fog down there.
Tim: Quite often.
Mark: That could be. Seriously!
Stephanie: He said 10. Oh it’s 10.
Mark: Well you guys…do you just feel like nothing is true in life after Arod? Can’t trust anybody!
Jan Enters
Tim: Baseball, its.
Mark: Miguel Tahatta pleads guilty to lying about his teammate using steroids.
Tim: I think America’s pass time needs to become Lacrosse
Terry: Yep.
Tim: Much premier sport.
Terry: Yep.
Jan: And the Phelps thing just makes me so mad.
Tim: Baseball has effectively de-throned themselves as America’s pastime.
Terry: They sure as hell have, haven’t they? They’ve pretty well killed themselves.
Mark: But you know.
Terry: Any I thought Selig comments were really stupid.
Tim: I never thought him to be much of a leader.
Mark: Who Selig. Yah, he sure gets paid a lot of money for leaving an all star game in a tie.
Terry: No kidding.
Mark: You can’t do that. Yah, you know….I don’t know. You gotta just go we’re cleaning this up. You gotta take that error and just go we can’t count this error or anybody…
Terry: Who the hell cares? I mean realistically. How do you know Babe Ruth wasn’t on something rather than just the bottle?
Tim: Cigars and bottle.
Laugh
Terry: Exactly.
Tim: Because they didn’t have synthetic steroids then.
Mark: I don’t think I’d care if it didn’t make such a significant difference in their performance. I mean all of a sudden, these guys are hitting 70 or whatever home runs a year and stuff.
Jan: Laughs
Mark: You can take these guys and look at them and go Ok this isn’t right.
Terry: Who’s that character from the Denver, Broncos? Oh a Romanosky…Jesus…I mean he was one of the first, I think?
Tim: Was he?
Mark: I think all the Steelers were and they’re all dead. That’s what you get.
Brian and Stephanie Enter
Tim: Don’t leave the Raiders out of that discussion.
Mark: No, no.
Stephanie: He’s running another 10-15 minutes late.
Stephanie picks up the laptop and is working on it
Mark: You know what they are doing today…this is just mind boggling. The South Carolina detectives…they’ve arrested 8 people.
Jan to Stephanie: So this thing has a camera on it…oh yah…there we are.
Part Two
Stephanie sets camera up on back counter and situates it.
Mark to Stephanie: So you think…I mean Vivienne is a pain in the ass!
Stephanie: I think she’s OK. I mean she came and searched me out.
Mark: But, but Vivienne…whispering…
Stephanie: The only thing I am concerned about is that it is taking so much time already.
Mark: It’s taking so much time. I am going to put that back on Susan (Susan Ford of Sussman Shank). I mean it’s like you haven’t even set up a Conduit for us to transfer assets. In fact, you said no.
Terry: Well part of the reason for that was to make sure there was some stipulation or agreement by the creditors’ committee. That they weren’t just going to start attaching everything. That’s all part of the 105 Injunction.
Mark: So was there any talk yesterday about the whole Tennant thing.
Terry: That’s where the biggest problem is in terms of blocking this whole mess. As far as I’m concerned it came right out of the creditors’ committee, of which, Obsidian has been totally responding to the creditors’ committee.
Mark: Right.
Stephanie: Right, but the Judge seemed to say that unless you guys…basically the creditors’ committee convinced that Obsidian will do the job they say they are going to do and they’ve given them a presentation and they had a vote.
Mark: I talked to one of them…well I didn’t but that one (creditor – Rolland Andrews) – Scott (Scott Adams) said he was going “At that presentation they gave us some bull shit. They are expensive as hell. I don’t even understand what all these people want.” He’s on the creditors’ committee and he sees it.
Stephanie: So anyhow, we have to figure out a way to get this (whole mess) into the right hands if we can.
Jan: Seems like the person or the party who’s spent the most time actually hands on knows the most and should be…
Stephanie: And Susan did agree with…I said that Terry has a working knowledge. He’s been working there (Summit) day in and day out trying to find out what’s going on here.
Jan: I mean that’s a slam dunk. He knows more…
Stephanie: She (Susan Ford) reiterated the same thing and no one seemed to have a problem except this Tennant group because they can’t get what they want
Terry: Exactly.
Stephanie: So now they want to just appoint a Trustee so that they can just to get things going.
Terry: You know it would have been a long time ago if they would have just gotten out of the way.
Mark: How come no one brings this up at the hearings?
Terry: I don’t understand that.
Mark: Why do we have attorneys who sit there and can’t even bring it up as an issue?
Jan: It makes you feel like you should be present at all of this stuff if it’s in Portland.
Stephanie: Well that’s why I think…I don’t know…be there because when I went there the attorneys did bare minimum for you guys.
Tim: How long was the hearing, yesterday?
Stephanie: An hour and…
Terry: Did they even address the injunction?
Stephanie: K what’s what’s…No. I don’t think so.
Terry: The original reason for that meeting or the hearing yesterday was to rule on the injunction…
Tim: To extend it.
Terry: Well extend the TRO and figure out whether…
Stephanie: They did it. They did do an extension of the TRO. Then the talked…the only things that they had on there was that and whether to get you (Terry) out and Obsidian in.
Terry: Well I guess the extension was the TRO. I’m not sure of the injunction.
Mark: You know Bob (Bob Vanden Bos - Mark’s bankruptcy attorney) calls me up yesterday and says, “Well I need to know if you agree to extend the injunction or not. What do you want me to do?” Do I have a choice Bob? “Well if you say no, they’ll just do this and that.” Why are you wasting your time calling me and asking me anything?
Tim: He has to sign it.
Mark: I know it’s just a ridiculous conversation we’re having right now. I get tired of you asking me all this shit that I don’t have a choice on.
Stephanie: Well so anyhow he gave me something to sign that would give me power of attorney to do whatever
Tim: Who, Bob Vanden Bos?
Mark: Well I’m not sure that’s a good thing.
Laugh
Terry to Mark: You gave her power of attorney?
Tim: Now we have a whole different worry.
Laugh
Stephanie: He’s all – “Are you sure you want this job?” I said, well I don’t know.
Tim: I got a whole new worry now.
Stephanie: Whatever.
Mark: Yah at the next hearing we’ll have the Santa Rosa police there going “Let me tell you about this one.”
Stephanie: Hey, if I wouldn’t have gone there yesterday this would have gone through the Trustee (US Trustee) quick and you guys have no say.
Jan: And what’s it looking like to them when nobody is there to…I mean does it look like…well I guess they don’t care and their not.
Tim: Why can’t we get better advice from our attorneys?
Jan: It’s frustrating that way.
Mark: I mean we pay them a lot of money and…
Stephanie: When Bob called me back after I told him why I need to be there (at the hearing) and he said “OK” and he got off the phone and he talked to Summit’s bankruptcy attorneys and they said “It wouldn’t be a good idea she comes…they are going to choose Obsidian anyway. There’s just no way.” I said you know I have been told…
Mark: Susan is such a…she can be pushed around.
Stephanie: It was the guy attorney.
Tim: Oh, Tom (Tom Stilley)
Mark: Tom
Stephanie: I said - Ok I have been told several times by attorneys what will and will not happen and I don’t believe that they always know and so I am going to go down there and
I want to at least be there present so that if there is a chance and something happens, great, but if nothing happens then I don’t lose anything.
Jan: You have to try.
Mark: I think there is a pattern of what they tell you is going to take place…they’re wrong every time so why do we…
Tim: They’re guessing and they control things in a controlling environment.
Stephanie: My experience is with attorneys is they always tell you what is bad that is going to happen and sometimes it does and sometimes it doesn’t.
Terry: Do you have considerable experience?
Mark: Yah, there you go Terry. Good question.
Stephanie: That’s why I’m not scared to go over there.
Tim: Terry, don’t go there.
Laugh
Mark: You don’t want it to get dark.
Laugh
Tim: You know I did this stuff with the trucking company that filed bankruptcy, we used Barry at Sussman Shank and he said, “I understand there wasn’t a criminal aspect and I understand there wasn’t the amount of money”
Mark: Well let’s bring Barry back.
Tim: He said “You go and you explain openly to everybody where you’re at and what you’re trying to do and that you’re doing the best that you can. If anyone has questions for your attorney, have them call me.” I think my retainer for their services was $5,000 and he gave me $250 back when it was all done. Granted it wasn’t the scope of all this, but it’s…what diffused a lot of people was me saying look I’m not running away, I’m doing everything I can to take care of this problem and you know you can fight it but al it’s going to do is throw us in bankruptcy. Well, of course, we are already in bankruptcy but it seems to me like that face and saying…
Mark: Nobody knows that we’re not running away.
Terry: And because the Judge quoted directly from my affidavit at the previous hearing regarding…then and he asked both the creditors’ committee and Susan and Tom, “Why the hell we can’t get something done. It says right here…Mr. Vance said right here that the debtor…all of the principals are cooperating to the best of their ability and they’re willing to make every effort.”
Stephanie: And they reiterated that yesterday too.
Mark: But that’s who they aught to be asking…Susan…because I just don’t believe she takes charge of this. She gets moved around by everybody and I even saw it that day with Vivienne where she just buckles.
Stephanie: She did do an OK job presenting and she validated the points I had brought up as far as you (Terry) and the work you’ve done. She reiterated it with the Judge. She kind of supported me up there when I wasn’t yah know but…I don’t know. I don’t know what their job is exactly to do.
Mark: Their job is just to get paid.
Tim: I think that’s another reason why we have to be there, if not for ourselves, it also holds her accountable, but it also gives her something to support instead of just going with whatever direction things seem to be going.
Mark: I think you’re right. I think it holds her accountable while we’re there.
Stephanie: And the Judge seemed to want to get this resolved quickly. Like sooner than this date..they set a court date for the 20th…Umm…
Mark: It’s the end of the extension of the TRO.
Stephanie: Right, but he wants to figure out the trustee deal prior to that except for Wednesday.
Terry: Except for Wednesday?
Stephanie: He’s gone Wednesday or something.
Mark: You know one of my biggest fears is that…like in these LLC’s…that all of our partners who are innocent parties to this whole thing just get run over. That’s just a huge concern to me.
Terry: Run over by?
Mark: By whoever the Trustee is…they just go into these LLC’s and they want you to just sign your rights over and then we get control and we do whatever we want. I just want someone with the best results…
Terry: Well isn’t that defined in the operating agreement, though?
Stephanie: It is.
Mark: Well yah but my attorney is going…well no you know there’s operating agreements…I pointed out…
Stephanie: But their going to get in default.
Mark: I pointed out that like on Smith Brothers…if I assign it, I don’t have any ownership. I want to ask Kevin specifically about Smith Brothers…I’m going to ask him about Century Drive Mobile Home Park…If he knows that if we assign our interests’ that it immediately puts them in default.
Stephanie: I asked him about that and he kind of pushed it aside, but said that “There are ways to deal with that.” So I want to know exactly what ways you say there are to deal with that because he says, “The seller doesn’t always get the property.” How do they not when you’re in default?
Mark: When I look at Century Drive Mobile Home Park…it’s like ok…put it on the market…can we get anything for it? Why are you putting it at risk if we’re cooperating…just leave it where it’s at…let’s see if we can sell it for an amount to get some money to the creditors.
Tim: And preserves the interests’ of our partners.
Mark: Right, right.
Kevin Enters
Kevin: Hi gentleman and ladies.
Stephanie: Hi. Come on in. Those are your seats. I will get the rest of the men. Ran into ice and fog?
Kevin: Yes.
Stephanie: That’s always a challenge.
Kevin: I had to get the plane out of Aurora. Umm. Ok so who are we meeting with?
Tim: Well I think the four principals will be here and this is Jan Neuman, Mark’s wife.
Jan: Mark’s wife.
Kevin: OK.
Tim: And then Stephanie Studebaker, Mark’s daughter, who was at the hearing yesterday and spoke on our behalf I guess.
Kevin: K.
Long Pause
Kevin: Terry do you have a minute?
Terry: Yep!
Kevin Exits with Terry
Long Pause- Stephanie Enters
Stephanie: Brian’s missing in action. (Laugh) I don’t know where he is.
Tim: He needs to come in and this meeting needs to get started.
Mark: He’s hard to track.
Jan: He was just in his office with Kate just a minute ago.
Stephanie Exits
Mark: He was lost in an airport for over two hours.
Ewan: You know one of our, both of our principals have the same issues.
Ryan: They are not the easiest guys to find.
Mark: That’s one of my best stories. I gave up looking for him so I went to the bathroom. All of a sudden I heard a cell phone ring and he answers it in the stall next to me.
Laugh
Long Wait and Chatter
Stephanie, Kevin, and Terry Enter
Stephanie: So we have to organize the meeting…in order to have Terry here right now we have to organize this meeting into two parts…One part is an interview…
Stephanie: And we can have Terry here in on that…
Kevin: No, No…for neither or those parts. I just got done saying that…for neither of those parts. If you want to ask questions about what we’re doing in the case, I’m happy to have that with everybody.
Stephanie: Ok. That’s what we’re doing first.
Kevin: If you have a question about that, but if you want to do an interview or have a presentation. I want to do that separately.
Stephanie: Ok. So that part we’ll do second. The first will be whatever you just said we could do with Terry.
Kevin: If you have questions about what we’re doing in the case, I’m happy to answer them.
Stephanie closes door
Stephanie: Ok, who wants to start with questions about the case?
Posted by
Stephanie DeYoung
Bankruptcy Whistleblower
Investigative Blogger
