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Confidence Crime - Part 2
Due to some of the statements and events in this case, as reported in Part 1, the following information was researched.
Based on the debtors report in case number 01-70672, that Chapter 7 trustee Stephen Balsley stated to the debtor that Steven Brody and trustee James Stevens "butt heads," we looked for other cases involving both men to see if James Stevens is using the color of authority of his position to fight personal battles. The alternative is that James Stevens and Steven Brody conspire on these cases under the disguise of butting heads in order to deceive the debtors. Or -- maybe it's both?? Chapter 7 bankruptcy cases can be diverse. Most commonly, the diversity is generated by creditors or debtors. The general sequence of events in Chapter 7 cases are:
1. Filing of the petition
2. Section 341 Meeting approximately 1 to 2 months after filing
3. Motions in regards to automatic stays from secured creditors
4. Reaffirmation agreements with creditors to pay for some debts
5. Discharge of debts entered
6. When assets, filing of an asset report, notice fixing time for filing claims, and application to employee an attorney for the bankruptcy trustee.
7. If the assets involve the selling of property such as real estate, the hiring of a realtor, auctioneer, etc.
8. When no-assets, the filing of a no-asset report.
9. When a no-asset case, the closing of the case. In general, no-asset cases are closed approximately four (4) months after filing.
In the case reported in "Confidence Crime in Progress," and another case, bankruptcy trustee, James Stevens, has perpetrated identical acts that are out of the ordinary. They demonstrate a pattern of activity that questions his motive. When a bankruptcy trustee commits the same oops in multiple cases, filed by the same attorney, it is reasonable to question if the oops are intentional or not. Since Steven Brody filed the bankruptcy petitions in both cases, we did some research and would like to present it here. Let the reader decide if trustee James Stevens uses the color of authority of his position to take personal retribution, or if there is conspiratorial behavior on behalf of James Stevens or Steven Brody -- or both.
Doc.
Entry
No.
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Case Number 01-70672
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Doc.
Entry
No.
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Case Number 01-73122
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5
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Discharge granted June 13, 2001, four (4) months after filing
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13
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Discharge granted November 20, 2001, three (3) months after filing
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6
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Order closing case entered June 26, 2001
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14
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Order closing case entered November 27, 2001
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6
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(1)Order closing case rendered moot, Nov. 13, 2001
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15
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(1)Order closing case rendered entered in error, Jan. 18, 2002
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7
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Adversary filed Sept. 28, 2001
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10
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(2) Application to employ attorneys for trustee filed Jan. 14, 2002
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16
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(2) Motion to employ attorneys for trustee filed Jan. 18, 2002
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9
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(3)Motion to Compromise filed January 14, 2002
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18
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(3)Motion to sell personal property filed January 18, 2002
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Note 1. In neither case were the orders closing the case withdrawn by the filing of a Motion for the court to decide. In both cases, there are no documents stating why the orders closing the case were either entered in error, or rendered moot.
Based on the docket sheets, both cases were closed before trustee James Stevens began negotiating turnover of property.
Note 2. In both cases, the applications to employee attorney for trustee were not filed prior to the filing of the trustee's Motions for Compromise and Motion To Sell Personal Property. Essentially, trustee James Stevens, (or the law firm he works for), cannot be compensated for attorney fees until the Court approves hiring. However, Judge Manuel Barbosa has approved compensation for trustees, attorneys and other staff working for them, for work they performed prior to the Court's approval for hire.
Note 3. The debtor of case number 01-70672 reveals in case documents that he turned over property in November 2001. Trustee James Stevens waited two months before filing the Motion to Compromise. For all intents and purposes, it appears that James Stevens desired money in order to compromise, rather than turn over of personal property.
In case number 01-73122, the Motion is titled "Motion to Sell Personal Property." An examination of the trustee's Motion reveals that the debtors are giving him $5,650 to purchase back a 1993 Harley Davidson and "household items."
The order closing case number 01-73122, which has the Motion filed to sell personal property, was entered one day before the debtor in case number 01-70672 filed his complaint revealing what was taking place behind-the-scene. It is reasonable to believe that failure to acquire $11,000 cash in case number 01-70672, resulted in Steven Brody having to redeem himself by helping James Stevens obtain cash in another of his cases. Waiting two months after turnover of property before filing a Motion to Compromise may have been contingent on having a case that would produce cash. The Motions to receive property were filed within four days of each other.
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