One such case began in January 1999. Rick filed for Chapter 7 bankruptcy. He retained lawyer Richard Jones of Woodstock to represent him. Rick was open and honest with attorney Jones. He related to him how there is a judicial decree pertaining to his house for $17,000, stemming from his divorce settlement. Rick gained custody of his two sons from the marriage, which were both minors at the time. The divorce decree stipulated that when the youngest son turned 18 years of age, that Rick would sell the house and give his ex-wife $17,000. That was to occur around April 2000.

When Richard Jones filed Rick's bankruptcy papers, he stated on the Schedule that the real estate had a judicial lien of $17,000 against it. In addition to paying the $17,000, bankruptcy law has provision to pay Rick $7,500 as a homestead exemption. The outstanding mortgage on the house was $105,000. For a house appraised for $130,000, it would not leave any money for the bankruptcy trustee to pay debts Rick declared. Selling the house was simply not in the best interest of the bankruptcy estate, because there was not enough equity to pay the homestead exemption, judicial decree, mortgage balance, and costs of sale.

The trustee appointed to Rick's case is Thomas Lester. Thomas Lester is in the Rockford office of a large lawfirm. He represents the Rockford School District, which has been involved in an infamous case of discrimination and segregation since 1991. Thomas Lester, (better known as "Tom" in the local media), is also attorney for the Rockford Airport Authority. They too, have received criticism and scrutiny, not being able to attract commercial airlines to the airport neither become "Chicagoland's third airport." Chicago would prefer to build another airport than allow commercial planes to land in a city that has limited public transportation, no rail service and seven (7) taxicab services in the telephone directory. One requires 24 hour reservation, and only 3 include their address in the listing. Only 2 out of the 3 including their address are located in Rockford. Rockford's airport is located in an industrial section of the city. There are no hotels or motels in walking distance, neither restaurants or shopping areas. Based on news reports, on September 11, 2001 when all planes were ordered to land, only three landed at the Rockford Airport.

In April 1999, Rick received his discharge of debts. Rick was led to believe that his case had closed. He breathed a sigh of relief. As with any single parent, it is difficult raising two teenaged sons. There is also their future to consider. With past debts behind him, Rick thought he had a fresh start. He heard nothing concerning his case for a year after his discharge of debts. The shock did not come until April 2000, when Thomas Lester asked Judge Manuel Barbosa to order the sell of Rick's house. Judge Barbosa did not hesitate in entering the order. He did not ask why it took Thomas Lester more than a year to ask to sell the house. The debts, written off in 1999, suddenly became "payable" by bankruptcy court a year later.

What is wrong with this picture? For one, Thomas Lester classified Rick's case as no-asset. We have a copy of the cover page from Rick's file proving Thomas Lester's legal assessment that there were no assets in the case. The cover page was changed in 2001 to classify Rick's case as an asset case. The obvious logic is that the Federal government does not declare a case as no-asset, discharge the debts, and then wait a year to sell a house after the person has paid the mortgage down. If the Federal government allows such practices, then no one in the United States who has filed Chapter 7 bankruptcy is safe. People can pay their car notes or their mortgages for a year or more, and then get hit by a bankruptcy trustee to surrender the property for sale to pay debts that were legally discharged by the United States government under U.S. Bankruptcy law.

When Rick received the notice from Court about selling his home, he immediately called his lawyer, Richard Jones. Richard Jones asked Rick if he wanted to settle the matter. He ducked and dodged questions regarding the expired time period and closing of the case. According to Rick, attorney Jones had already contacted a bank that was willing to loan Rick $8,000. If Rick gave Thomas Lester the $8,000, he could keep his house. Rick is a down-to-earth type of guy. He has no knowledge of bankruptcy law other than what Jones told him, but it doesn't take a rocket scientist to smell a rat. Rick asked Jones to fight the order to sell his house. Subsequently, Jones entered such a Motion, to later withdraw it without explanation nor Rick's knowledge.

Since Rick did not cooperate in agreeing to the loan, (and what single parent of two teenaged boys, a mortgage, and who the federal government declared bankrupt a year earlier, would want to go back into debt for $8,000), trustee Thomas Lester launched into a vindictive act of retribution set to intimidate Rick into agreeing to the loan. Trustee Thomas Lester asked Judge Barbosa to evict Rick and his two teenaged sons from their home. He alleged that Rick was not cooperating with realtors in showing the house to perspective buyers. Rick was not being uncooperative. He was simply working a full-time, 1st shift job and was not home when the realtors called. Judge Barbosa entered the order to evict Rick and family within 5 days.

The thought that someone with bankruptcy on their credit report, and who had just paid their mortgage and is living from paycheck to paycheck, can obtain housing in 5 days, is cruel and unusual punishment. This was not a case where Rick was not paying his mortgage and the mortgage company asked for foreclosure and eviction. It was not even a case where trustee Thomas Lester sold the house and wanted Rick and family to evict so the new owners could move in. It was simply, and clearly, a matter of using legal authority to intimidate a person into submitting to the act of extortion.

Evidently, attorney Richard Jones thought he could influence Rick with time, as he had done in several other cases that ended in his clients taking loans at outrageous interest rates to keep the trustee from selling their homes. Thus, Jones asked that his client and family not be put on the street. Judge Barbosa withdrew his order and ordered the realtors to install a lock box on Rick's house. Lock boxes are usual for realtors to use now-a-days. When the installation of a lock box resolves the problem, ordering Rick and his family to evict their home in 5 days was an extreme ruling.

Trustee Thomas Lester felt the house could sell for $140,000 instead of the appraised value of $130,000. Of course, he used one of his realtor cronies to appraise the house and ignored the appraisal Rick obtained. There is the possibility that trustee Thomas Lester waited a year with the hopes of having real estate value increase in the small town where Rick resides. Since June 1998, there has not been one case where trustee Thomas Lester has gone to such extremes to sell property located in Rockford. Due to his poor advice to the Rockford School District, property taxes increased in Rockford, making the cost of owning a home less attractive there than in working-class suburbs of Chicago. All property that trustee Thomas Lester has gone after is property located outside of the city of Rockford.

When Rick contacted Wells of Justice about his case, it was only for us to witness what Rick already expected -- that he had been setup by his attorney in collusion with Thomas Lester to extort money from him more than a year after the federal government declared him bankrupt. Rick called Richard Jones, who admitted that Thomas Lester was "blackmailing" Rick, and that he had also colluded in a case involving a friend of Rick's where he also worked out a "blackmail" compromise for $8,000. Rick did not keep this secret. He filed a Motion in bankruptcy Court reporting that Richard Jones admitted to him that he was being "blackmailed."

The term "blackmail" is often associated with having information or material relating to an act of a person, whereby it can be used against the best interests of that individual. When the trustees and attorneys in the U.S. Bankruptcy Court in Rockford use that term, it is to be understood that whatever the trustees allege will be used against your best interest.

In November 2000, trustee Thomas Lester had a supposed buyer for Rick's house. Rick notified us of the Court date. We gave U.S. Attorney Scott Lasser a call. His office called Assistant U.S. Attorney in Rockford, Keith Syfert, and Keith voluntarily called one of our representatives. Keith Syfert was provided with the case number and enough background information where he should have given the okay to the FBI to investigate. However, we discovered a week later when Rick appeared in Court that Keith advised attorney Jones and trustee Thomas Lester to cover their steps. At that hearing, trustee Thomas Lester said he was abandoning the sale of Rick's home. The proposed buyers were not able to obtain a mortgage. The mortgage company would not appraise the house for $140,000. Thomas Lester stated in open Court that he would not sell the house for less. He stated that if the house would not appraise for $140,000, he would not sell it at all.

That same day, a hearing was scheduled for Rick to dismiss Richard Jones as his legal counselor. Jones did not disagree with the dismissal. He answered Rick's Motion. While denying that he told Rick he was being "blackmailed," he did admit that he asked Rick if he wanted to "settle the matter." When a bankruptcy trustee with confidence to make Judges do what he wants is given Court order to sell your home, what other means are there to "settle the matter?" It is obvious that Rick's only option in "settling the matter," was to give Thomas Lester $8,000 to avoid selling a home that a year earlier, Thomas Lester saw no equity in, and classified Rick's case as "no asset."

Richard Jones did, however, have some last minute advice for Rick. He advised him to stop talking to reporters. He had a semblance of the name of the person who spoke with Keith Syfert. We have concluded that if Richard Jones saw correspondence with the name, he would not have made a mistake about it. It was in hearing the name over the telephone that Jones got it wrong. His words to Rick sounded threatening, not only against Rick, but also against the person who talked with Keith Syfert. Jones stated, "We know who she is."

Although trustee Thomas Lester stated in open Court that he was abandoning the sale and would not entertain a purchase offer less than $140,000, he did not provide it in writing. Rick's new attorney asked for it in writing, and trustee Thomas Lester promised to provide it at the next status hearing in two weeks. That was a red flag. Judge Barbosa ruled on the Motion discharging Richard Jones as Rick's legal counsel, however, he did not enter any order addressing the abandonment or withdrawal of the purchase offer. He delayed that decision for 2 weeks. Keep in mind that the purchase offer was not rejected because of any thoughts, motives, or decisions on trustee Thomas Lester's behalf. It was rejected because the potential buyers could not secure financing for $140,000.

Two weeks later at the status hearing, trustee Thomas Lester appeared in Court and asked Judge Barbosa to not withdraw the order to sell Rick's home. He stated the realtor felt the house could sell for $140,000, and he wanted to give the realtor a second chance. Judge Barbosa agreed to it. While this was taking place, Rick's new attorney was threatened by trustee Thomas Lester. The attorney, Barry Mattes, took on several other bankruptcy cases where people were being victimized by the bankruptcy trustees. Thomas Lester was the trustee in one of the other cases as well. This Chicago lawyer really thought he could help by presenting case and factual law. He has come to learn that practicing law in Judge Barbosa's Court is the same as playing basketball according to the rules of golf. It only results in sanctions and suspicious car accidents. When Thomas Lester threatened this lawyer, it was with sanctions for filing "frivolous appeals." Lester's logic was that since Judge Barbosa had ruled, filing an appeal would be a waste of time that he would make the attorney pay for. He threatened the attorney with sanctions of $500. for each case he represented. We thought this was nothing more than blowing hot air until we saw trustee Thomas Lester actually ask for such sanctions in at least one Motion.

Since a Court of Law decreed money to Rick's ex-wife from the sale of the house, the ex-wife wanted to get involved in the bankruptcy case to make sure she was paid if the house sold. She contacted the law firm that represents the bank she works for. According to information, a State Representative owns the law firm. The attorney she spoke with gave her hope and encouragement. However, on the day he was to file Motions appealing Judge Barbosa's order to sell the house, he backed out saying it was a conflict of interest. He recommended that she retain an attorney who is also a Chapter 7 bankruptcy trustee. It's a big marketing tool to refer people to attorneys who are also bankruptcy trustees. They are lauded for knowing bankruptcy law that can win cases such as Rick's. The truth, however, is that the trustees all collude with each other. All the cases we have examined where people are represented by an attorney/trustee, end in compromise, or the attorney/trustee withdraws alleging that the client was uncooperative.

The attorney/trustee recommended to Rick's ex-wife was Stephen Balsley. Stephen Balsley was the bankruptcy trustee in the case involving Rick's friend, where trustee Balsley extorted $8,000 from her to avoid selling property she did not own. Stephen Balsley was also the trustee in a case where he demanded money from debtors and got Judge Barbosa to order it without determining the lawful owner of the money. Trustee Stephen Balsley received the check, endorsed and deposited it, then charged the people with not giving him any money. No matter how often they provided the evidence of the cancelled check to Judge Barbosa, he ignored it. Trustee Stephen Balsley's first threat was that if they did not give him more money, he would send them to prison on contempt. Not giving-in to that threat, he then changed it to revoking their discharge of debts.

Upon being made aware of this, Rick's ex-wife immediately stopped payment on the $500 check she put in the mail as a retainer to Stephen Balsley -- sight unseen. It's amazing that without meeting with the person and getting their point of view, that Stephen Balsley would agree to represent her if she mailed him a check. Trustee Thomas Lester and Judge Barbosa must have been informed by Balsley that the ex-wife was going to get involved, because at the next Court hearing, Judge Barbosa came out of no where asking if there was anyone else holding interest in the property. When the ex-wife made her presence known, trustee Thomas Lester stated that he was not going to honor the order of Circuit Court decreeing $17,000. Judge Barbosa's response? None.

This is not the only case where Judge Barbosa has disregarded the orders of other courts. In at least one other case, trustee Thomas Lester used the orders of Circuit Court to accuse a man of fraudulent conveyance of property. That case ended in a $5,000 "compromise" so Judge Barbosa would not send the man to prison and revoke his discharge of debts for something Circuit Court ordered. Judge Barbosa is setting up quite a reputation for disregarding the orders of other Courts, and giving his approval for the trustees to instruct people to disobey the orders of other Courts. In another case, trustee Bernard Natale instructed an ex-husband to stop paying Court decreed alimony to the debtor. Judge Barbosa clearly stated in an order that he did not object to the "trustee's personal objection" of the man's disobedience to the order of Circuit Court.

In Rick's case, trustee Thomas Lester, and his "yes" man Judge Manuel Barbosa, set Rick up to consider what was worst -- being unable to obey the orders of Circuit Court and stuck owing his ex-wife $17,000, or agree to the loan and give the trustee $8,000. By Judge Barbosa's welcoming question in open Court as to others having interest in the property, it was to subtly nudge the ex-wife into also considering her options. She could take out the $8,000 loan and still stand to gain $9,500 in the future when Rick sold the house to comply with the order of Circuit Court.

Trustee Thomas Lester moved fast after this. Rick reported that there had been absolutely no showing of his house since November 2000. However, in January 2001, Thomas Lester appeared in Court with a proposal to buy Rick's house and asked for Judge Barbosa to approve 6% commission to the realtor. The house was not sold for $140,000 as trustee Thomas Lester declared he would sell it for or not sell it at all. His crony realtor did not sell the house for $140,000, as he stated he would attempt to do. Trustee Thomas Lester's realtor sold Rick's house to another realtor for $138,000 with $8,000 down. Immediately, Rick's attorney filed an objection. However, trustee Thomas Lester was slick enough to twist the truth when the hearing took place. He asked Rick if he thought $138,000 was a fair price for the house. Of course, since Rick's appraisal was for $130,000, the increase of $8,000 appeared fair. However, what trustee Thomas Lester avoided were his own words, stated as an officer of the United States government, that he WOULD NOT sale the house for less than $140,000. By the way, in his documented motions and arguments, trustee Thomas Lester presents the purchase that failed because the potential buyers could not secure financing, as an objection entered by the Court. He wants it to appear that Judge Barbosa denied the sale, instead of the truth that the potential buyers could not secure financing of a house that their potential mortgage company rated as not being worth $140,000.

About the same time, Rick's ex-wife filed an objection to the sale. Judge Barbosa never ruled on that. Instead, he ordered Rick and his family evicted from their house within 5 days, and to turn over the keys to Thomas Lester. Rick's oldest son, his son's fiance' and their infant daughter, along with Rick's youngest son, were ordered out of their home, although no closing date had been set to complete the sale. Rick's attorney filed an appeal, but before it was heard, trustee Thomas Lester filed a Motion to find Rick in contempt of Court, and asked that the U.S. Marshall evict Rick and his family. Rick's attorney reported to us that he advised Rick to obey Judge Barbosa's order, although he saw no legalities in having Rick evicted from his home since the sale had not closed. For all intents and purposes, the mortgage company was holding Rick responsible for the house. Until the closing, Rick was still the legal owner. Thus, Judge Barbosa ordered the legal owner and his family out of their home in 5 days without any reason other than spitefulness.

Rick has not received his homestead exemption, which is provided to him by federal law. In Thomas Lester's only response to a motion filed in the case, he alleges that Rick can afford to move because he will be given the $7,500 homestead exemption from the sale of his home. That was in February 2001. It is now January 2002, and trustee Thomas Lester is still withholding Rick's homestead exemption.

Update - On or about December 18, 2001 -- 8 months after the close of the sale on Rick's home, Thomas Lester filed a motion asking for a setoff from Rick's homestead exemption. He wants to divert the federally provided homestead exemption to his compensation. The hearing on his motion was scheduled for January 16, 2002. Rick's attorney, Barry Mattes, is no where to be found. After several suspious automobile accidents after he began representing debtors in the Western Division, and being threatened with $500 sanctions, he no doubt thinks it's safer for him to stay out of Rockford.

Before Barry disappeared, he did file an appeal in the Federal District Court located in Rockford, Judge Philip Reinhard presiding. Judge Reinhard dismissed the appeal, like he does all appeals to Judge Barbosa's decisions. He included in his decision that all other appeals in the case are rendered moot. Therefore, Judge Reinhard has closed the door on Rick's case, not acknowledging or judging that trustee Thomas Lester kept the case open for more than a year for no apparent, nor legal reason.

NEWS FLASH! Judge Barbosa's Order Is In. On January 16, 2002, Rick Miller called the clerk of the court to request a continuance. As herein reported, he did not hear from his attorney, Barry Mattes. Judge Barbosa has demonstrated in a substantial number of cases of entering continuances when the trustees are working out their extortion scheme. However, when the continuance is in the favor of the debtor, Judge Barbosa does not comply. On January 16, 2002, almost a year since the sale of Rick's home, Judge Barbosa approved diversion of $1,793.00 from Rick's homestead exemption to trustee Thomas Lester's compensation. Bankruptcy trustee Thomas Lester, and Judge Manuel Barbosa, have now set case law where United States citizens are punished for using the appellate process, whereby U.S. Bankruptcy Judges can divert federally provided exemptions to the trustee's compensation for time used replying to appeals. They have sent a new message to victims -- one that is intended to instill fear of harmful retribution where they not only lose their home 2 years after filing bankruptcy, but also exemptions provided by federal bankruptcy and State law. That message is one that says United States citizens are punished for pursuing justice. Although there is absolutely nothing on the docket sheet showing any argument or complaint introduced by trustee Thomas Lester pertaining to an income tax refund in 1999, Judge Barbosa entered an order for $2,000 to be diverted from Rick's homestead exemption for a 1999 tax refund, and $1,793 to be diverted from the federally provided homestead exemption, to trustee Thomas Lester's compensation.

Please Note: Because trustee Thomas Lester NEVER introduced by way of motion, verbally or otherwise that Rick was to turn over a tax refund, Judge Barbosa did not enter an order demanding turnover. Therefore, what Judge Barbosa has done here is unjust by diverting Rick's homestead exemption to pay for something that the Court NEVER ordered in his case. From January 1999 when Rick first filed bankruptcy, until December 2001 when trustee Lester FIRST produced supposed letters sent to Rick's former attorney, Richard Jones, there was no mention in the case about an income tax refund. Along with Thomas Lester's compensation request, Judge Manuel Barbosa has diverted over $3,000 from Rick's federally provided homestead exemption to Thomas Lester. If Thomas Lester handles this case like he has others, he will not file a Final Report to distribute the money. By way of evidence, he closed on the real estate sale in February 2001, and took eight (8) months to develop a scheme of embezzling from a federally provided exemption. It's been three (3) years since Rick filed bankruptcy. What's another year to wait before filing a Final Report?

We have reason to believe that trustee Thomas Lester's and Judge Barbosa's actions demonstrate use of the color of their authority to enact harmful retribution against Rick for making his case known to the public. They have disregarded the decree of the Circuit Court. They attempted to intimidate Rick into agreeing to give trustee Thomas Lester money, by ordering him evicted from his home before it sold. When that didn't work, they sold his home to a realtor who put it up for rent, but evicted him on the basis that the new owners needed to take immediate possession --- BEFORE THE SALE CLOSED. They have threatened his attorney with sanctions, and used their accomplice Federal District Judge to criticize the attorney further. Now, they have embezzled from his federally provided exemption. What will be their next move?

On May 31, 2002, bankruptcy trustee, Thomas Lester, filed a Final Report in this case. That is one year and three months since the close of the sale on Rick's house. The Final Report records $138,389.59 in proceeds, with $112,557.87 of disbursements. The disbursements were costs of sale. This disbursement figure does not include the federally provided homestead exemption. Since Judge Manuel Barbosa converted a portion of the federally provided homestead exemption to the trustee's personal enrichment, Rick is only due $3,707.00 rather than $7,500.00. The Final Report also reveals that $17,770.48 of the proceeds are converted to the personal enrichment of the trustee and his law firm, Hinshaw & Culbertson. That leaves less than $5,000.00 to distribute in payment on $7,291.71 of debts. The trustee made more money in this case that what Rick owed his Creditors.

To avoid acknowledging that the trustee and Judge Barbosa disregarded the decree of the Circuit Court for $17,000.00 from the sale of the house to Rick's ex-wife, the trustee deceitfully calls it an "equity lien" instead of a Court decree. The ex-wife filed an objection to the trustee's Final Report, which Judge Barbosa denied. According to Rick, Judge Barbosa denied the objection to the Final Report by stating it was not the right place or time to hear it, and that the ex-wife did not properly file a lien. He totally disregarded that a Court of law decreed the payment to the ex-wife, which binds all other Courts to honor it. However, as we can see from the Final Report, the trustee did not have enough money to pay the costs of sale, the decree of the Circuit Court, AND his compensation and incentive commission. The trustees always get their personal enrichment, to the detriment of Creditors and dishonoring of orders of other Courts.