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What Victims Should Know
This page is addressed to all victims of bankruptcy court corruption; debtors, non-debtors, creditors, petition preparers and honest lawyers.
We do not desire to give anyone false hope. Reporting the crimes committed upon you under color of official right isn't difficult. Getting someone to do something about it is. However, you should still report it. Do not wait in hope that someone else will get the ball rolling. Our government likes using stats. They like polls whereby they pay attention to the majority opinion. If you do not file a complaint, it hurts those victims who have taken the time to prepare and submit complaints. This is a national crisis. Each victim must do their part so that all victims are heroes helping each other.
Facing the truth will help you prepare spiritually, physically, emotionally, and psychologically. The hardship and trauma that victims endure causes flight or fight. Here is the truth -- there are no knights in shining armor to ride in on a white horse and rescue you from corrupt bankruptcy trustees or corrupt bankruptcy judges. You must prepare to fight your own battles.
If you have been victimized by bankruptcy court corruption and do not file a complaint with the U.S. Dept. of Justice and Executive Office for U.S. Trustees, then the figures for complaints will be low, and our politicians will take no concern. They do not keep track of phoned in complaints. Calling in a complaint is most likely to lead into re-living the trauma caused by your victimization. Government personnel ask questions so they can transfer the call to someone else, who will transfer you to someone else, who will transfer you again until you are disconnected or end up with the first person you spoke with.
Often, the questions will lead to key words that the person will use to deny their responsibility for your call and cut you off . For example, if you say "judge" the person can respond that they do not investigate judges and you should contact the judicial inquiry board. If you state what your attorney told you, but that the bankruptcy trustee said differently, they will say that they cannot give legal advice. YOU WILL NEVER HAVE THE OPPORTUNITY TO DESCRIBE THE CRIME because answering their questions is designed to stop you from reaching that point.
It has been reported to us that personnel taking calls at the Washington, D.C. office of the Dept. of Justice do not know the difference between an U.S. Attorney and an U.S. Trustee. It has also been reported to us that personnel taking calls at the Chicago office of the F.B.I. do not know the difference between a bankruptcy trustee and the trustee of a bank. It has been reported to us that personnel taking calls at the Executive Office for U.S. Trustees advise callers that since trustees are private parties, victims should just sue them as individuals. While giving this legal advice, they do not advise callers of the Barton Doctrine, or case decisions that render trustees with immunity against suit. It is our impression that government personnel give this fraudulent advice to financially benefit the court system with filing fees, to the harm of victims and/or their attorneys.
Submit your complaint to:
Glenn Fine
Inspector General
United States Department of Justice.
950 Pennsylvania, NW
Washington, DC 20530
Sara L. Kistler
Acting Assistant Director for Review & Oversight
20 MASSACHUSETTS AVE, N.W., Room 8338
WASHINGTON, DC 20530
Phone: 202-307-3698 Fax: 202-307-2185
Once you have written and submitted your complaint to the above listed persons, contact your U.S. Representatives and U.S. Senators. A phone list for all U.S. Senators is provided under "Addresses and Telephone Numbers" on this site. Request that they:
 Hold regional hearings to hear from victims
 Legislate law that holds bankruptcy trustees and bankruptcy judges accountable for depriving citizens of property without due process of law.
 Legislate CRIMINAL laws for bankruptcy judges who legislate from the bench.
 Legislate CRIMINAL laws for bankruptcy trustees who violate Bankruptcy Code.
 Legislate Bankruptcy Code that guarantees creditors a distribution of assets in chapter 7 asset cases, and making it a criminal offense for trustees to divert all assets to their compensation and administrative costs.
 Remove the ambiquity from Section 110 so that it can never be used again to price-fix what private businesses can charge consumers. Consumers have the right to a free enterprise system, and to choose services that are affordable.
When preparing complaints and reports of the crime(s) committed upon you, it is not necessary to argue law. Under color of law, the perpetrators appear more credible. Arguing law gives them the advantage. When reporting crimes of fraud, keep in mind that the actions and/or results brought about by the trustees is what reveals their motive. In other words, if the trustee is threatening to withhold an official decision or take action against you by alleging fraudulent charges, focus on how he is going about issuing those threats. For example, a police officer can demand to see your driver's license. However, he cannot threaten to revoke your driver's license unless you tell him where your spouse works.
The best place to begin is with the beginning. It has been demonstrated in a substantial number of cases that debtors were misled by the attorney who filed their bankruptcy petition. Therefore, the first place to begin is by filing an official complaint against your attorney.
The Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois, (ARDC), is the source for taking complaints against licensed attorneys in Illinois. If you reside in another state, check with the local bar association for the address of the attorney disciplinary commission for your area. They are generally listed under state agencies.
Since these are mostly attorneys who do the assessment and judging, it's like expecting the Taliban to justly try Osama Bin Laden for acts of terrorism upon the United States. Don't anticipate receiving positive action from the ARDC, but file your complaint so you have it as a matter of record.
You can call the ARDC for a complaint form. Also ASK FOR A RULE BOOKLET. The ARDC is lazy. If you do not cite the Rules violated, the ARDC will not look for them and apply them to the violation.
Attorney Registration and Disciplinary Commission
of the Supreme Court of Illinois
One Prudential Plaza
130 East Randolph Drive
Chicago, IL 50501-6219
800-826-8625
312-565-2600
Fax: 312-565-2320
The next thing to do is prepare an overall report of your experience. Note down details of conversations the same way you would maintain a journal or diary. Start by putting all documents received from your attorney and/or the bankruptcy trustee in chronological order. Include all case documents. Remember to keep the journal by who, what, when, where, why and how.
Although most law enforcement agencies have denied any and all accountability for criminal acts committed by bankruptcy trustees, it is still important to file reports. Everyone cannot be wrong! Submit the report of criminal activity committed under color of official right to your State's Attorney, Governor, U.S. Senators, the Executive Office for U.S. Trustees and the FBI. Get your local media involved by writing a cover letter, enclosing your report, and advising them that you have filed complaints and reports of trustee fraud and bankruptcy court corruption. Making the crime known helps the public become aware and reduces the potential of having others victimized. In addition, it alerts the perpetrators that people are informed, and being informed hinders the methods they employ to plan and organize their scheme of perpetrating fraud.
Just because you may not see your story in the newspaper, does not mean that the perpetrators will not know you are seeking media attention. Some journalists contact parties named in order to get their opinion and present an objective report. They may not decide to publish it for various reasons, but at least others will have the information.
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IF YOU USED AN ATTORNEY TO FILE YOUR BANKRUPTCY
If your initial contact with that attorney was by way of advertisement, and based on your experience, the advertising is false, you might want to contact The Council of Better Business Bureau. They provide referrals to local Better Business Bureaus.
Council of Better Business Bureaus, Inc.
4200 Wilson Blvd.
Suite 800
Arlington, VA 22203-1838
703-276-0100
If you seek counseling or assistance in preparing complaints to report the crime committed upon you, the National Fraud Information organization can refer you to organizations within your area.
National Fraud Information Center
1-800 876-7060
Please let Wells of Justice know when you submit complaints and reports. By doing so, we are able to alert various sources of the number of victims who have officially filed complaints. All personal information is kept confidential.
If you are threatened with denial of discharge or revoke of discharge, rather than submitting to fraudulent charges, or other methods used to perpetrate crimes of fraud, know your options. The Consumer Credit Counseling Service offers free and confidential budget and debt counseling and debt management plans. If the bankruptcy trustee has already made known the amount of money he requires to allow your discharge of debts, let the counselors know that amount. If you are able to borrow or pay that amount in installments, your creditors might be willing to cut out the middle guy, and divide said amount between themselves. In other words, if the bankruptcy trustee receives the same amount, he will deduct 100% of his recovery commission, compensation, and other costs FIRST. The balance is then divided among the creditors. Some cases have demonstrated where creditors receive as little as 3% of what was owed to them.
If you go this route, keep in mind that you will need to file a motion in the bankruptcy court to dismiss your bankruptcy case. It has been reported to us that those doing so after a trustee has filed an adversary case, have their motion denied. Of course, the trustee argues that the debtor only wants to dismiss the case because they have been caught committing bankruptcy fraud. They will state this affirmatively, although the court never entered a finding of fraud.
In addition, if you co-own real estate, and you are current with your mortgage, co-owners of real estate take out loans or refinance the house to buy out the debtor's share. This contradicts what Chapter 7 bankruptcy is designed for, because by discharging debts of the person declaring bankruptcy, they place a resident in the same household into debt. Such actions often require the debtor to contribute to the payment of the loan or refinanced mortgage. Therefore, if you are seeking a "fresh start," exchanging old debts for a new one is not the way to go. This is stated while keeping in mind that compromises and buy outs seldom provide any benefit to creditors -- the trustees pocket the money, then blame parties in the case for not cooperating, which increased their time in the case.
If it is possible to secure a loan or refinance your house, there is the possibility that creditors will negotiate thereby eliminating involvement in the bankruptcy system. This also eliminates having bankruptcy on your credit report.
Consumer Credit Counseling Service
1-800-388-CCCS or
202-682-1500
Knowing your options eliminates the stress, emotional trauma, and expense of filing for bankruptcy, thereby eliminating the potential of being fraudulently charged and/or having to challenge distorted facts. It has been demonstrated in a substantial number of cases that bankruptcy judges withhold decisions on motions and trials. For months, and sometimes years, they continue hearings while suggesting that Defendants "work things out" with the bankruptcy trustee. Therefore, the end of the matter is not based on facts plus law, but with how much money the trustee can extort from you and your family.
Please, also check our "links" page for sites providing legal help, groups where you can share with others, and other helpful sites.
You are not alone. Every day, other victims experience going through the doors of bankruptcy hell.
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