Stealing Non-Debtor Owned Property

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Series </B></U></A></div> <div> Widespread Corruption In The Federal Bankruptcy Courts </div> <div> <A HREF="polaroid.htm" TARGET="_top" TITLE="Polaroid"><U><B><IMG BORDER="0" SRC="Symb075c00b700dc99000000.png" HEIGHT="15" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">What Happened to Polaroid?</B></U></A><B> </B><FONT SIZE="2" COLOR="#000000" FACE="Times New Roman" >(Massachusetts)</FONT></div> <bR> <div> <A HREF="stealingland.htm" TARGET="_top" TITLE="Stealing NonDebtor Owned Property"><U><B><IMG BORDER="0" SRC="Wing0a7300a700dc99000000.png" HEIGHT="15" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">Stealing Non-Debtor Owned Property</B></U></A><B> </B><FONT SIZE="2" COLOR="#000000" FACE="Times New Roman" >(Illinois)</FONT></div> <div> <A HREF="unlawful.htm" TARGET="_top" TITLE="Unlawful Request"><U><B><IMG BORDER="0" SRC="Symb075c00b700dc99000000.png" HEIGHT="15" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">Unlawful Request</B></U></A><B> </B><FONT SIZE="2" COLOR="#000000" FACE="Times New Roman" >(Illinois)</FONT></div> <bR> </td> <td valign="top" height=390 BGCOLOR="#FFFFFF" TEXT="#080000"> <div> <B><U>Stealing Non-Debtor Owned Property</U></B></div> <div>   </div> <bR> <div> <I><B>Pertinent Points</B></I></div> <bR> <div> 1. The Rockford law firm of McGreevy, Johnson & Williams, P.C. has represented the interests of the State Bank of Davis in Winnebago County since about 1995.</div> <bR> <div> 2. Daniel M. Donahue is a partner in the McGreevy, Johnson & Williams, P.C. law firm and has been for many years.</div> <bR> <div> 3. The State Bank of Davis was named as a Defendant in an Illinois Department of Transportation Eminent Domain action filed in the Winnebago County Circuit Court (Case 97-ED-1), on January 29, 1997, for the taking of a small portion of the property where Clarence L. Vance lived but did not own.</div> <bR> <div> 4. The State Bank of Davis chose not to appear in that Eminent Domain action and was defaulted, by a Court Order dated June 13, 1997, for failure to appear in that action.</div> <bR> <div> 5. Winnebago County Associate Judge J. Todd Kennedy signed a Final Judgment Order in that Eminent Domain Case on October 27, 1998 and, by that Order, confirmed the Winnebago County Public Title Records which establish that Clarence L. Vance had no ownership interest in that property after 1983.  All proceeds paid for the portion of that property taken were awarded to the lawful owner of the property as determined by that state court Order.</div> <bR> <div> 6. Clarence L. Vance filed a Chapter 7 no asset voluntary Petition in Bankruptcy on March 10, 1997 and listed three creditors.</div> <bR> <div> 7. The State Bank of Davis was the only creditor of Clarence L. Vance to file a claim against his bankruptcy estate.  On September 3, 1997, Daniel M. Donahue filed that claim on behalf of the State Bank of Davis, as a secured creditor, in the amount of $121,810.24.</div> <bR> <div> 8. Daniel M. Donahue was appointed Trustee of the bankruptcy estate of Clarence L. Vance on April 25, 1997 and also on that same day obtained a Bankruptcy Court Order granting the State Bank of Davis "relief from the automatic stay in order to pursue its State Court remedies".</div> <bR> <div> 9. In a letter to the Bankruptcy Court Clerk dated May 2, 1997, Daniel M. Donahue resigned his appointment as Trustee of the bankruptcy estate of Clarence L. Vance "due to a conflict." Thomas J. Lester was appointed as Trustee of that bankruptcy estate on May 5, 1997.</div> <bR> <div> 10. Clarence was granted a Discharge of his debts by a Bankruptcy Court Order dated July 10, 1997.</div> <bR> <div> 11. Bankruptcy Judge Richard N. DeGunther signed an Order on July 18, 1997 authorizing Trustee Thomas J. Lester to employ the law firm of McGreevy, Johnson & Williams, P.C. ( as "a disinterested person") "as attorneys for the estate and for the Trustee".  Daniel Donahue, the attorney first assigned to Clarence's bankruptcy case, who resigned "due to a conflict," and who represented the State Bank of Davis, is an attorney with McGreevy, Johnson & Williams, P.C.</div> <bR> <div> 12. Daniel M. Donahue obtained an Order dated December 16, 1998 vacating Clarence's Discharge on the basis of a "default" despite the fact that Clarence had pleadings on file at that time.</div> <bR> <div> 13. Daniel M. Donahue filed an Adversary Complaint (99-A-5023) in Clarence's bankruptcy case on February 24, 1999, and asked the bankruptcy court "to enter an order authorizing the Trustee to sell the Farm Property" based on a claim of ownership contrary to that confirmed by Judge Kennedy's prior 97-ED-1 state court Final Judgment Order.</div> <bR> <div> 14. Daniel M. Donahue filed that Complaint and Bankruptcy Judge Manuel Barbosa entertained that Complaint in disregard of 28 U.S.C. 1257 and the Rooker-Feldman doctrine which bar the Bankruptcy Court from overturning or reviewing Judge Kennedy's prior state court Order that confirmed the lawful ownership of the "Farm Property".</div> <bR> <div> 15. To avoid the ownership issue, Judge Barbosa banned the Vances from filing pleadings in that Adversary Proceeding unless they first obtained his permission to do so.  Judge Barbosa consistently denied their numerous requests to file pleadings addressing the ownership issue and then signed a Default Order, on November 24, 1999, in which "The Trustee is authorized to sell the Farm Property".</div> <bR> <div> "The term "extortion" means the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right." 18 U.S.C. 1951(A)(2).</div> <bR> <bR> <div> <I><B>A Victim's Testimony </B></I></div> <div> <I><B>By Clarence L. Vance</B></I></div> <bR> <div> I reside on a farm outside of Pecatonica, Illinois.  For those who do not know, Pecatonica is farming community.  It is the proverbial "farmers town".  Folks grow soybeans, corn, and raise livestock.  Those who do not farm themselves rent land to farmers.  Other than being attacked by ornery roosters and an occasional protective oinker, children are safe from gangs and drive-by shootings and such.  However farm accidents can be fatal, as I learned in October 1988 when my 25-year-old son bled to death on the land he helped me farm. Alone at the time, he was attempting to help me overcome financial hardship that was intentionally perpetrated upon my family by a bank, (that you will soon read about).  The main artery and vein in his leg were severed in a farm implement related accident.  He died within minutes, alone, sitting against a tree.</div> <bR> <div> In 1962, my wife and I found a farm that we thought was ideal for raising a family as well as livestock and crops.  We bought the farm on contract.  Anyone who has ever farmed or raised livestock for a living knows that it takes an initial investment to buy machinery, livestock and necessary supplies to make the operation work.  It takes a continuing investment in time, energy and money also.  The cost of veterinary expenses, just to keep animals healthy, can be substantial at times.  Therefore, I never desired or attempted to raise livestock to get rich.  I couldn't afford to.  We wanted to raise our children and provide for my family as best I could in God's fresh air and open spaces.   Working in the outdoors and raising livestock is what I enjoy.  I'm over 60 years old now.  Working with my hands, with animals and with crops is what I know.  I'll take four legged animals any day as opposed to four-wheeled vehicles on crowded streets. </div> <bR> <div> In 1971, the Illinois EPA considered two properties for preliminary approval for landfill purposes.  One property was located at the intersections of Gleasman and Old River Road.  That area was eventually annexed by the city of Rockford and developed into a sub-division and golf course.  The other property was our farm.  Since then, I have been fighting financial institutions, law enforcement, and political powers.  Not once did the County of Winnebago offer to purchase the property.   In these parts, people use strong-arm methods to setup situations to intimidate people into surrendering property. </div> <bR> <div> <B><U>BACKGROUND</U></B></div> <div> In December of 1980, Richard L. Kleckler, then President of the State Bank of Davis in Davis, IL, agreed to finance my cattle feeding operation.  Mr. Kleckler agreed to loan the necessary funds to buy approximately 100 head of 400 pound feeder cattle.  In addition, Mr. Kleckler also agreed to loan money to purchase supplements, minerals and other products that are necessary to a cattle feeding operation that are not grown on farms in the Northern Illinois area.</div> <bR> <div> The cattle were to be fed to the approximate slaughter market weight of 1000 pounds.  This process takes approximately one year from the time the cattle are purchased.  Mr. Kleckler and I agreed that the loans would be secured by cattle only and that the loans were to be paid with the proceeds when the cattle were sold.  As the cattle were sold, the bank was paid.</div> <bR> <div> In August of 1982, Mr. Kleckler again loaned me money to buy additional feeder cattle.  Suddenly and without warning or stated reason, Mr. Kleckler informed me in early November of 1982, that the Bank would no longer loan money to finance my cattle feeding operation.  There I was with a 100 head of cattle to feed and I had no source of funds to pay for veterinary expenses, feed supplements, minerals and other supplies.  It was very difficult to have to decide whether my family or my cattle would eat.  Because I could no longer purchase the necessary products to achieve efficient weight gains, the cost of feeding the 100 head of cattle on hand increased and their rate of weight gains decreased.  Not being able to sell the livestock because of insufficient weight, I had no income.  The bank reneging on their promise to finance the raising of livestock placed me in a position where I was denied a living.  </div> <bR> <div> Richard L. Kleckler issued a threat that he would not only financially destroy myself, but my entire family.   The threat continues to this day, in 2003, in the 17th Judicial Circuit Court of Winnebago County.  Using orders obtained by fraud in the bankruptcy court, various parties that do business with the State Bank of Davis have filed fraudulent criminal and civil charges against myself and my wife. </div> <bR> <div> In May 1983, my wife made the final contract payment on the property.  The attorney for the seller was asked to make the deed out in her name.  Instead, he placed both our names on the deed.  If it had not been for my wife working in town and paying for the property from that income, our family would not have had a roof over our heads. Because my wife paid for the farm from her job in town, it rightly and lawfully belonged to her.  In September 1983, I Quit Claimed the interest that was inadvertently signed to me over to her.</div> <bR> <div> In November of 1983, Mr. Kleckler demanded that I sign a 90-day consolidation note AND a new security agreement that now included "crops, livestock and machinery."  I objected to the extreme short length of the note and the addition of security that, for the most part, belonged to other family members.  Mr. Kleckler then stated that if I did not immediately sign the new note AND the new security agreement, my family would be financially destroyed.  Under the direct duress of that threat, I signed both instruments.</div> <bR> <div> In October of 1985, the Bank sued me in two separate counties, at the same time, for the balance of what I owed the bank from 1982.</div> <bR> <div> In May of 1987, then Winnebago County Associate Circuit Court Judge Galyn Moering, acting on behalf of the bank,  ordered me to sign a Quit Claim Deed <I><B>to the sheriff</B></I>.  I owed the bank money, however, the Judge ordered me to sign a Quit Claim Deed to the sheriff.  That doesn't make logical sense in anyone's law book.  I had no ownership interest in the farm after early September 1983.  I could not lawfully convey title to property to anyone that I did not own.  Because of a previous hearing, Judge Moering was aware that my oldest daughter was graduating from college in another state the following week.  Judge Moering found me in contempt of court for refusing to sign the Quit Claim Deed, and sentenced me to six months in jail or until such time that I was willing to sign that Quit Claim Deed.</div> <bR> <div> It was obvious that I was intentionally detained and prevented from attending the graduation ceremonies for  my oldest daughter and the only child in my family to graduate from college.  I would not place my signature on a deed for property I did not own.   While I sat in prison, our only son tended to farm matters at home.  The other family members attended the graduation ceremony.</div> <bR> <div> After 37 days in jail, Judge Moehring vacated the contempt order and summarily released me from jail on the basis that I needed to be home tending to my farming operation.  Judge Moehring stated that it appeared to him that further incarceration would not be productive.  I did not sign any deed or enter an agreement of any kind to bring about my release.</div> <bR> <div> In 1993, the land that I had raised cattle on, missed my daughter's graduation for, and that my son had died on, was placed in a Trust by the owner.  She decided to put the property into a Trust for the benefit of the surviving children.  She named it Thousand Hills Trust No. 1.  Harriet Vance is the Trustee of that Trust and our children are the beneficiaries of that Trust. .  I am not a part of, or associated with that Trust in any matter.</div> <bR> <div> <B>FEDERAL COURT CONTINUES EFFORT TO EXTORT PROPERTY</B></div> <div> <B><U>WELCOME TO THE TOM AND DAN EXTORTION PROGRAM</U></B></div> <bR> <div> In 1997, the Winnebago County Circuit Court ordered a Sheriff's Sale of the Trust property to satisfy the bank.  The bank did not name the Trustee or any members of the Trust as defendants in that case.  Because I was the only one that signed notes at the bank, I was the only defendant in that case.  It is my opinion that the bank manipulated my finances in order to produce an excuse to attempt to force the sale of the farm.  If so, it then could be brought under the control of persons desiring to convert it to <I>more profitable</I> uses.  Hence the order of Judge Moehring in 1987 to sign a Quit Claim Deed to the Winnebago County Sheriff instead of the bank.</div> <bR> <div>  On March 10, 1997, I filed a Chapter 7 Voluntary Petition for Relief in the US Bankruptcy Court for the Northern District of Illinois, Western Division at Rockford, Illinois (Case No. 97 B 50687)  At  the meeting of creditors conducted on June 12, 1997, Trustee Thomas J. Lester, representing the interests of the State Bank of Davis, stated:</div> <div> "<I>I don't think the bankruptcy court, quite frankly Mr. Vance is gonna end up providing you with any solace or the help that you think you may be able to get.  I don't know anything about your battles with the State Bank of Davis, but you are probably going to, more than likely, end up with more complex problems than you may already have if you want to stay in bankruptcy, but you are certainly free to do whichever you want.</I>"</div> <div> <I>(Transcribed from the audio tape of the 341 meeting conducted on June 12, 1997.)</I></div> <bR> <div> Because of that statement, I decided to avoid controversy and problems and on July 8, 1999, I filed a Motion to withdraw my bankruptcy petition.  Unexpectedly, I received a discharge from the Bankruptcy Court on July 10, 1997 because neither Thomas Lester as trustee nor any creditor objected to it in a manner openly prescribed by Bankruptcy Law.  After I received the discharge, I withdrew my Motion to withdraw from bankruptcy. </div> <bR> <div> When I filed for bankruptcy, the Judge was the late Richard N. DeGunther.  He retired from the Bankruptcy Bench on December 31, 1997.  Manuel Barbosa was appointed to fill that vacancy in March of 1998 and continues in that position at this time.  During the interim, Thomas Lester hired Daniel Donahue to present him.  Daniel Donahue is also a Chapter 7 bankruptcy trustee.</div> <bR> <div> Attorney Daniel M. Donahue sent a letter, dated January 15, 1998, and in that letter proposed as follows:</div> <div> "<I>I would like to get this case on track. I am </I><I><B><U>proposing</U></B></I><I> to schedule the 2004 exam for Tuesday, February 3, 1998, at 2:00 p.m. Enclosed please find a notice to that effect."</I>  (Emphasis added).</div> <bR> <div> My parents set up a Trust for myself and my brother.  I entered that property on my Schedules because I receive some money from it each year.  I also exempted that property according to the Illinois Code Statue 735 ILCS 5/2-1403 which states:</div> <div> "<I>Judgment debtor as beneficiary of trust.  No court, except as otherwise provided in this Section, shall order the satisfaction of a judgment out of any property held in trust for the judgment debtor if such trust has, in good faith, been created by, or the fund so held in trust has proceeded from, a person other than the judgment debtor</I>."</div> <bR> <div> Since my parents created that Trust, the Bankruptcy Court could not lawfully satisfy my debts out of the property held in that Trust.  For those wondering -- the "No court, except as otherwise provided in this Section," pertains to the Circuit Court.  The Circuit Court has authority to authorize payment which is a lien upon the Trust estate, such as mortgage interest, taxes, assessments, and repairs needed for the best interest of the Estate.  </div> <bR> <div> Thomas Lester, through his attorney and co-worker bankruptcy trustee, Daniel Donahue, wanted to question me about my dad's Trust and matters concerning my brother.  Evidently, they were seeking other information that they wished to keep secret from the public record.  Because of conflicting involvement, and the fact that the <I><B><U>proposed</U></B></I> exam was not scheduled or ordered by the Bankruptcy Court, I did not attend the exam <I><B><U>proposed</U></B></I> by attorney Dan Donahue.</div> <bR> <div> A Bankruptcy Rule 2004 examination is a type of discovery hearing.   Under bankruptcy rules, you waive the right to any and all objections stemming from that meeting.  In other words, you don't have the right to enter an objection to what the trustees allege to have "discovered." </div> <bR> <div> At the written request of Trustee Tom Lester, made by his attorney Dan Donahue, interim Bankruptcy Judge Eugene Weedoff signed an order on March 12, 1998.  In that order, he held me "<I>in civil contempt for failure to attend</I>" the exam <I><B><U>proposed</U></B></I> by attorney Dan Donahue in the January 15, 1998 letter.</div> <bR> <div> On April 28, 1998, Judge Manuel Barbosa signed an order to place me in the custody of the U.S. Marshalls until I submitted to the <B><U>proposed</U></B> Rule 2004 Examination.  U.S. Marshalls took me to the Ogle County Jail in Oregon, Illinois. On May 4, 1998, Judge Manuel Barbosa released me from jail and, in so doing, stated:</div> <div> "<I>We are not trying to punish you, we are only trying to get you to do what we want you to do</I>."</div> <bR> <div> To the best of my knowledge and belief, I believe the transcript of that hearing was altered to have Judge Manuel Barbosa say that he was trying to get me  "<I>to comply with court orders"</I>.  The logical truth is that the <B><U>proposed</U></B> Rule 2004 Exam had not been court ordered at that time. </div> <bR> <div> The efforts directed against me by Trustee Tom Lester and his attorney Dan Donahue, is part of a pattern of criminal activity executed by the bankruptcy trustees.  Before being carted off by the U.S. Marshall, I commented to Daniel Donahue that he knows State law forbids him from selling my dad's property that is in Trust.  Daniel Donahue replied to me, "<I>I don't care.  We're gonna sell it anyway</I>."  Well -- they did not sell it.  Instead, in 1999, they revoked my discharge.  After doing so, they went after the Thousand Hills Trust property by alleging that my 1983 Quit Claim Deed caused me to commit bankruptcy fraud in 1999.  This charge was made in total disregard of the fact that Winnebago County Associate Circuit Judge J. Todd Kennedy determined, in October 1998, that I was a non-owner of the farm property.  <FONT SIZE="2" COLOR="#000000" FACE="Bookman Old Style" >(More on Judge Kennedy's order later.)</FONT></div> <bR> <div> I did sign the quit claim -- in 1983, which was 14 years before I filed for bankruptcy.  Federal bankruptcy law holds limit on property transfers to 12 months before filing for bankruptcy.  Illinois State law holds limits to 4 years before filing for bankruptcy.  In 1983, I had no idea I would be filing bankruptcy in 1997.  For me to be accused of transferring property 14 years before filing for bankruptcy, to avoid paying my debts, is more than a stretch of the imagination.  Thomas Lester, in his Adversary Complaint filed  February 24, 1999, states:</div> <bR> <div>      "<I>Immediately after Mr. Vance recorded the warranty deed, he also recorded a quit claim deed regarding his interest in the Farm Property.  (See copy of quit claim deed, dated September 2, 1983, and attached hereto as Exhibit C)</I>. "</div> <bR> <div> There's no question about it.  Even Thomas Lester admits that I signed the quit claim deed 14 years before I filed for bankruptcy.  Thomas Lester also states in his complaint:</div> <bR> <div> "<I>The State Bank of Davis is a secured creditor of this estate holding an allowable claim under 11 U.S.C. Sec. 502, and was a creditor at the time of the transfer."</I></div> <bR> <div> Although the State Bank of Davis was indeed a creditor at the time of the transfer, the property had not, and had never been, put up for security at any time.  What a HOOT!  In 2000, Thomas Lester fraudulently sold property in Trust that I have no ownership interest in, which is protected under the laws of the State of Illinois.  <I><B>And this, after revoking the discharge of debts, with without any unsecured creditors!</B></I>  He stole the rent money that was owed to Thousand Hills Trust, by the farmer that rented the crop land, and reported total receipts as $327,159.01 from the alleged "sale" of Trust property.  The State Bank of Davis, including interest, had a claim for $121,810.24.  </div> <bR> <div> Bankruptcy trustee, Thomas Lester, who was so concerned about the State Bank of Davis being paid, paid himself and his team of professionals, and gave State Bank of Davis approximately $15,000.00.  Thomas Lester has demonstrated that the true benefit of stealing property protected under the Trust laws of the State, and in which a Court of Law declared I had no ownership interest in, was for his own, personal, financial gain. </div> <bR> <div> But, let's go back and see what other legal orders and laws Thomas Lester disregarded.</div> <bR> <div> In an Eminent Domain action (97 ED 1) in the Circuit Court of Winnebago County at Rockford, Illinois, Judge J. Todd Kennedy signed a FINAL JUDGMENT ORDER on October 27, 1998.  In that order, he determined the property which is the object of that Eminent Domain action, is owned solely by Harriet P. Vance as Trustee of Thousand Hills Trust No. 1.  In making that determination, he also validated public documents that demonstrated I had no ownership interest in the property after September 1983.  The order of Judge Kennedy is on file in the Office of the Winnebago County Recorder, 404 Elm St., Rockford, IL, 61101 (815-987-3100) as Document No. 0038057.  Thomas Lester condescendingly laughed at this.  Judge Barbosa ignored it. .  Thomas Lester, in his consistent contortion of words, desperately attempted to make property in Trust, marital property.  </div> <bR> <div> The following points are included for clarification purposes.</div> <div> The important persons named as parties in the 97-ED-1 Eminent Domain action were: myself, the State Bank of Davis; and Harriet.</div> <bR> <div> "<I>Once title property is litigated in a court of law, that question can not be re-litigated by parties to the original decision</I>" - Montana v. United States, U. S. Supreme Court, 1979, 440 U.S. 147, 153, 154; 59 L Ed 2d 210, 216, 217.</div> <bR> <div> Despite the fact that Trustee Tom Lester, attorney Dan Donahue, and Judge Manuel Barbosa each had a copy of the FINAL JUDGMENT ORDER of Judge Kennedy in their possession, it made them no difference. They placed the Thousand Hill Trust No. 1 property up for auction, willfully, and with complete knowledge that Judge Kennedy determined I was not a legal owner of.  They did so after the discharge of debts was revoked, which held me responsible for paying my debts.  They did so in spite of the fact that there were no unsecured creditors.  In addition, bankruptcy trustee Thomas Lester justified diverting approximately 85% of the assets to his and his legal team's pockets, by blaming "<I>the Defendant</I>s" for not cooperating.  Huh!  <B>With the discharge of debts revoked, and with no unsecured creditors, it is clear and undisputed by any honest and logical person, that all of the trustee's actions were to line his pockets, and the pockets of his legal team.</B></div> <bR> <div> Continuing to contort words, Thomas Lester stated in documents that the property was property of the "bankruptcy estate," without acknowledging that the property was owned by Thousand Hills Trust No1.  </div> <bR> <div> The first Motion that I and the Trustee of the property filed, were to dismiss.  Evidence was attached to each Motion demonstrating that:</div> <div> (1)  For several years, the property in question was owned solely by the non-debtor Defendant</div> <bR> <div> (2)  Ownership of that property had recently been validated by a court of law</div> <div> According to clearly established law, Judge Manuel Barbosa  can not re-litigate the title to the property in question.</div> <bR> <div> (3)  The State Bank of Davis was given opportunity by Judge Kennedy to appear in the case to show their interests, but they failed to appear or object, thereby acknowledging that my transfer enacted in 1983, was not fraudulent to avoid paying the debt I owed to them.</div> <bR> <div> In an order signed on June 9, 1999, Judge Manuel Barbosa denied those Motions on the stated basis that:</div> <bR> <div> "<I>The mere allegation of legal conclusions unsupported by the record or otherwise are insufficient to support a Motion to Dismiss.  For these reasons the Motion to Dismiss brought by (each of the Defendants) will be dismissed at this time</I>." (From transcript of the June 9, 1999 hearing)</div> <bR> <div> At the request of Trustee Tom Lester, by his attorney Dan Donahue and his accomplice Chris Cocoma, on March 10, 1999, in Adversary Case Number 98-05060, Judge Manuel Barbosa entered an Order stating:</div> <bR> <div>      <I>Defendant/Debtor must seek leave of Court before filing any additional pleadings on issues raised in Motion."  </I></div> <bR> <div> By taking away my civil right to enter documents in my defense, Judge Manuel Barbosa and Thomas Lester proceeded in their scheme to extort property owned by a non-debtor.   Evidence from the docket sheet for Adversary Case Number 98-05060, proves that Judge Manuel Barbosa denied EVERY request.</div> <bR> <div> The Trustee then filed another Adversary Complaint, Case Number 99-05023.  On June 9, 1999, Judge Barbosa ordered in that case that:</div> <bR> <div>      "<I>Defendants are barred from filing any further</I> <I>pleadings in this case - other than the answers mentioned above-until further Order of this Court. "</I></div> <bR> <div> As evidenced from the docket sheet for Adversary Case Number 99-05023, I requested permission to file on June 19, 1999.  Judge Barbosa ignored my request.  Since he ignored it, I filed motions as required to object and reply to Thomas Lester's fraudulent allegations.  On July 22, 1999, Judge Manuel Barbosa entered yet another Order banning me from filing documents without his permission.  However, that time, he added, :</div> <div>      "<I>Clarence Vance must file Motion for Leave to File with pleading attached when he wishes to request leave to file -- If the same is granted, this Court will issue an order and set matter for hearing</I>."</div> <bR> <div> Judge Manuel Barbosa then proceeded to only grant two requests to file. He denied all other requests to file. </div> <bR> <div> Judge Manuel Barbosa and Thomas Lester then demonstrated their true motive for banning myself, and the defendant who actually owns the property, from filing documents in our defense.  On September 27, 1999, Judge Barbosa gave Thomas Lester leave to file a Motion for Default Judgment.  Thomas Lester and Judge Barbosa conspired on how denying me lawful rights to file documents in my defense could be used for a default judgment.  How could I be in default, if I can't file documents without first getting the Judge's permission?  How can I file documents in my defense, when my requests to do so are consistently denied?  </div> <bR> <div> On Judge Barbosa's order to Thomas Lester's request to file a Motion for Default Judgment, he stated that Thomas Lester had until October 12, 1999 to file, and defendants until November 2, 1999 to respond.  Both myself, and the Trustee of Thousand Hills Trust, filed responses on November 2, 1999.  On November 24, 1999, Judge Manuel Barbosa entered an Order for Default.  How can we be in default when we filed our pleadings on time?  Further evidence from the docket sheet shows that Judge Barbosa continued his conspiratorial behavior in denying myself, and Trustee of the Trust,  permission to file documents in our defense.</div> <bR> <div> On June 5, 2000, Judge Barbosa signed an order and authorized Trustee Tom Lester to retain Hack's Auction and Realty Service, Inc., at Pecatonica, Illinois, to sell the property of Thousand Hills Trust in three (3) separate parcels.  Trustee Tom Lester and Hack's Auction Realty Service scheduled an "open house" of the property on July 15, 2000 and an auction "sale" to be conducted off site on July 20, 2000.</div> <bR> <div> On July 10, 2000, Judge Barbosa signed an order, granting the request of Trustee Tom Lester to approve the use of U.S. Marshalls on the pretext that they were necessary "<I>to keep the peace at the open house on July 15, 2000 from 10:00 a.m. to 2:00 p.m</I>."  Therefore, on July 15, 2000, on the basis of orders signed by Judge Manuel Barbosa, bankruptcy trustee Thomas Lester and Hack's Auction and Realty Service conducted what they collectively termed to be an "open house" of property which each of them personally knew to have been previously determined by a court of law to belong solely to the non-debtor defendant.  In keeping with the order, signed by Judge Manuel Barbosa on July 15, 2000, armed U.S. Marshalls were present at that "open house."   It appeared that the presence of armed U.S. Marshalls was more for intimidating myself and the court determined sole owner of the property rather than "to keep the peace."</div> <bR> <div> Again, because of orders signed by Judge Manuel Barbosa, Bankruptcy Trustee Tom Lester presided over the "sale" of the property that was conducted by Greg and Swan Hackmeister of Hack's Auction and Realty Service on July 20, 2000.  Judge Barbosa, Trustee Tom Lester and all of the Hackmeisters of Hack's Auction and Realty each had reason to know at that time that I had no ownership interest in the property after September 1983. Despite that knowledge, they collectively participated in the unlawful "sale" of the property.</div> <bR> <div> On August 16, 2000, Judge Manuel Barbosa signed an order and approved the report of sale. In addition, he authorized Trustee Tom Lester "to conclude the sales of the property pursuant to 11 U.S.C. 363 of the Bankruptcy Code." Judge Barbosa refused to consider the fact that 11 U.S.C. 363(b) requires property sold to be "property of the estate" of a debtor.  That does not include property owned solely by a non-debtor. What ever happened to the "Rule of Law" that we heard so much about a couple of years ago?</div> <bR> <div> On September 26, 2000, without any notification to, or any participation of the judicially determined sole owner of the property, Trustee Tom Lester "closed" on the property. Two days later, Tom Lester filed TRUSTEE'S DEEDS to each of the "successful bidders." Each TRUSTEE'S DEED that Trustee Tom Lester signed at that "closing" clearly constitutes a fraudulent transfer of title.  Tom Lester filed those fraudulent deeds in the Office of the Winnebago County Recorder on September 28, 2000 as Document Numbers 0048836, 0048837, and 0048838.</div> <bR> <div> On or about October 5, 2000, Trustee Lester unsuccessfully tried to serve checks on the sole owner of the property by using a process server who identified himself to be a "private investigator." The checks, supposedly, were for the non-debtor Defendant's, and sole owner's "one half interest" in the proceeds from the unlawful "sale" of the property.</div> <bR> <div> At a hearing on October 11, 2000, Judge Manuel Barbosa signed an order rejecting a "post petition lease" between a renter of farmland and the lawful non-debtor owner of the property.  The problem with this is that because the property is owned solely by a non-debtor, as determined by a court of law, there was no such thing as a "post petition lease" signed by the debtor.  Judge Barbosa, in signing that order, unlawfully confiscated the rent money due only to the non-debtor and sole owner of the property, and unlawfully turned it over to Trustee Tom Lester.</div> <bR> <div> Later in that same hearing, Trustee Tom Lester personally tried to serve the checks on me.  I refused to take them on the basis that I do not represent the interests of the owner of the property and was not authorized to accept them.  After I refused to accept those checks on behalf of the non-debtor Defendant and sole owner of the property, Judge Manuel Barbosa stated on the record that: "<I>We had to try</I>".  In addition, while walking out of the courtroom, it was heard by another party present, that Tom Lester told me: "<I>We're trying to do you a favor</I>."</div> <bR> <div> Trustee Tom Lester stated during the hearing conducted on October 11, 2000 that the checks were only good for ninety (90) days.  They were issued on or about September 26, 2000.  That means that they are not valid after December 25, 2000.  The non-debtor owner of the property and I have been harassed by one of the supposed buyers, encouraging the legal owner to accept, sign and deposit those checks.</div> <bR> <div> The court determined sole owner of the property absolutely refuses to accept the checks from the unlawful "sale" of her property.  She stated, "<I>If they are going to steal the property, they might as well steal the money too.  I would rather die in jail on a contempt charge for not taking the money than to accept the money and validate their thievery</I>."</div> <bR> <div> On October 25, 2000, Judge Manuel Barbosa signed an order authorizing Trustee Tom Lester to employ an accountant to "assist the Trustee in preparing and filing the Estate Tax Returns." This is an intimidation factor to threaten the legal owner.  If she doesn't accept the "pay-off" checks, Tom Lester will accuse her of tax fraud for not reporting the sale.</div> <bR> <div> Many of Judge Barbosa's orders have been appealed to the District Court, presided over by Judge Philip G. Reinhard.  In each instance, Judge Philip Reinhard ignored the evidence and the law, distorted the facts and the evidence, and/or used circular reasoning to "validate" Barbosa's illegal orders. Most of Judge Reinhard's orders have been appealed to the Seventh Circuit Court of Appeals presided over by Chief Judge Richard A. Posner.  In each instance, the Seventh Circuit Court has ignored the law and the evidence, distorted the facts and the evidence, and/or used circular reasoning to "validate" Reinhard's "validating" of Barbosa's illegal orders.  Three Judges of the Seventh Circuit denied my appeal by stating I did not object to Judge Barbosa's orders.  How could I object, when Judge Barbosa denied my request to file an objection in my case?  </div> <bR> <div> The following named officials have been informed about the unlawful activities of Judge Manuel Barbosa, Trustee Tom Lester, and his attorney, (who is also a Chapter 7 Bankruptcy Trustee), Dan Donahue:</div> <bR> <div> Winnebago County State's Attorney Paul Logli</div> <div> Winnebago County Sheriff Richard Meyers</div> <div> Illinois Attorney General James Ryan</div> <div> Illinois Governor Ryan's Legal Counsel - Matt Bettenhousen</div> <div> U. S. Attorney Scot Lassar - Chicago</div> <div> U. S. Attorney Keith Syfert - Rockford</div> <div> F.B.I. - Washington, DC</div> <div> Each and every member of both the United States House of Representatives and United States Senate Judiciary Committees.</div> <bR> <div> Offices of James Ryan, Scot Lassar and the F.B.I. responded by suggesting I employ legal counsel.  There has been, and remains, silence from the others named above.</div> <bR> <div> It is an established and documented fact, that there is not an attorney in Rockford, Illinois who will diligently oppose any of the Trustees in the Bankruptcy Court in Rockford. The Winnebago County Legal Services will not assist people with bankruptcy cases. A Chapter 7 Trustee, Stephen G. Balsley, sits on their board. Their collective actions certainly fit the definition of "extortion," which started this page. Their actions are criminal. </div> <bR> <div> <B>March 20, 2002 - New Development!  </B><FONT SIZE="3" COLOR="#000000" FACE="Bookman Old Style" >In December 2001, Judge Barbosa approved Thomas Lester's Final Report where he sold non-debtor owned property in a Trust.  Judge Barbosa approved $101,282.94 as compensation and expenses to Thomas Lester and his team of professionals.  A payment of approximately $15,000 was made to the Creditor, in care of Daniel Donahue, who is also a bankruptcy trustee, and worked in the case representing trustee Thomas Lester and the Creditor.</FONT></div> <div> <B> </B></div> <div> <B>STAY TUNED!</B></div> <div>  Updates to this scheme of attempted theft by extortion effort, which continues to unfold under the color of the authority of the United States Bankruptcy Court in Rockford, Illinois, will be reported on this page as they unfold and as time permits.  This case is so involved and moving at a pace that it is difficult to update on a frequent basis.  This page will be substantially updated as soon as physically possible.</div> <bR> <div> <A HREF="stealingland_m.htm" TITLE="Stealing NonDebtor Owned Property"><U><B>Back to Top</B></U></A><B>         </B></div> <bR> </td> </tr></table></body>