Steven M. Wilker, OSB No. 911882 Direct Dial: 503.802.2040 Fax: 503.972.3740 E-Mail: [email protected]David S. Aman, OSB No. 962106 Direct Dial: 503.802.2053 Fax: 503.972.3753 E-Mail: [email protected]TONKON TORP LLP 1600 Pioneer Tower 888 S.W. Fifth Avenue Portland, OR 97204 Attorneys for Plaintiffs UNITED STATES DISTRICT COURT DISTRICT OF OREGON Portland Division OBSIDIAN FINANCE GROUP, LLC and KEVIN D. PADRICK, Civil No. CV 11-0057 HZ Plaintiffs, V. PLAINTIFFS’ FRCP 37 MOTION FOR SANCTIONS AND TO CRYSTAL COX, COMPEL Defendant. PAGE 1 PLAINTIFFS’ FRCP 37 MOTION FOR SANCTIONS AND TO COMPEL !"#$ &'(()*+),,,-.)/0 12*34$56 7( 89:$; (,<(7<(( =">$ ( 2? 7 =">$ @1A' &B-
24
Embed
TONKON TORP LLP 1600 Pioneer Tower 888 S.W. Fifth Avenue … · CERTIFICATE OF SERVICE I hereby certify that I served the foregoing PLAINTIFFS’ FRCP 37 MOTION FOR SANCTIONS AND
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Steven M. Wilker, OSB No. 911882 Direct Dial: 503.802.2040 Fax: 503.972.3740 E-Mail: [email protected]
David S. Aman, OSB No. 962106 Direct Dial: 503.802.2053 Fax: 503.972.3753 E-Mail: [email protected]
by mailing a copy thereof in a sealed, first-class postage prepaid envelope, addressed to said party’s last-known address and depositing in the U.S. mail at Portland, Oregon on the date set forth below;
by causing a copy thereof to be e-mailed to said party at her last-known email address on the date set forth below;
DATED this 14th day of October 2011.
TONKON TORP LLP
By/s/David S. Aman David S. Aman, OSB No. 962106
Direct Dial: 503.802.2053 Fax: 503.972.3753 E-Mail: [email protected]
by mailing a copy thereof in a sealed, first-class postage prepaid envelope, addressed to said party’s last-known address and depositing in the U.S. mail at Portland, Oregon on the date set forth below;
by causing a copy thereof to be c-mailed to said party at her last-known email address on the date set forth below;
DATED this 12th day of September 2011.
TONKON TORP LLP
B/ David S. Aman, OSB No. 962106
Direct Dial: 503.802.2053 Fax: 503.972.3753 E-Mail: [email protected]
by mailing a copy thereof in a sealed, first-class postage prepaid envelope, addressed to said party’s last-known address and depositing in the U.S. mail at Portland, Oregon on the date set forth below;
J[ by causing a copy thereof to be e-mailed to said party at her last-known email address on the date set forth below;
DATED this 2nd day of September 2011
TONKON TORP LLP
By /s/ David S. Aman David S. Aman, OSB No. 962106
Direct Dial: 503.802.2053 Fax: 503.972.3753 E-Mail: [email protected]
STOP IIANKRUPTCY CORRUPTION All We are Asking Is that YOU tell by Crystal L. Cox --’ investigative Slogger the TRith and Protect Us... We want industry wisistleblower www.SecondPraod.com YOU to Upheld the Laws in Place Torn Fellers Fraud Menlo and wIIhuUI Fevnrtlsm In Big Money I am Dedicated in Networking Victims of Injustice, Court Fraud, Attorney
Corruption. I nvontts EXPOSECourt Corruption from the IF, to the District and P0111150 in Any Wa- CoOt-tn across the Land, torte Bankruptcy Courts, to the Supreme Charts in Every asOITPOetu.F(eud.gom
Slate and our Highest Judicial Courts, Tern Pellets, Petd Traub, Douglas We simply went the REAL PEOPLE KsIIey heardand the Fraud 015 the Coasts ci ligIt Is UTNOJJGH
Bankruptcy Corruption the expense of ’We The People" to the TRUTH should Be Relevant in our Courts and Corrupt Judges, Stop. Lawyers, and Fraud on the Courts Should NOT be Tolerated www.STOPlhoPouersSusro.com
We Simply Went Mist We /dote Barn Dedicated to EXPOSING Court Corruptions, EXPOSING Corrupt Attorneys - Judges and Law Enforcennoct - Exposing Corruption its the Supreme wew.Su,voil101tBkJsslluo.com
Promised. And Ills FREEDOM that Court - the State Ear Association and the Fraud In the United States Patent Office. G!, a Suppose to Have.
How Can the US Jadltlel System
lMipodiij1 the Meduit that Covers Up COurt Obrruptioh while VfctThis Stiffek in... Silence - NOT Believed or heard. -
-lot so much Cufrupilen happen, It Time to STOP Freud on the Courtoftise United States of America.Time for is JoeL NOT Right your RIGHTS to be upHeld and the TRUTH to Really Ben RitALneftinse in
o United Status Court Room. You Should not have TO Give your Life, your Quality ofLifeto Feed llselrGrecd, Corruption, Side Deals, Cover Ups and Flat Out lieu, From Thousands to Blilluna the
lam Dedicated to Telling the . US Bankruptcy Courts I.. Free Victims Story. Expose the Court Corruption. for ALLfer Cerenpien. The Very least we can do Is Give Crystal L. Cox InduulnyWllistleblOWer -
them Volta,
cytalrECrvats1 Cox, rn
STOP Cvtl’nlptlah
OTHER SITES
- vruw.LIIlatdrtleaTrUetae.snm
www.ObsldiauFlnsncaSacks.uum Bankruptcy Corruption is LEGAL
oruW.SemmltlnilBIIJuotIOe.COm llssllsrisptey Currtrptiun Judicial corruption Sterno tube LEGAL and is JUST a Pact of Life. So many cases from thousands to Trillions at BoSses and the Courts, the Judges, the US Trustee, www.CryStalCoo.c 01 the Department ofjestico, Well No One Seems to Be Listening to those involved telling them whet in REALLY going on. Why?
Bankruptcy Corruption: Kevin Padrick of Obsidian Finance Group LLC - Chapter 11 Tru... Page 2 of 7
FuN OA.WtSDAV, T.WMLUI(t O5. 0050
Kevin Padrick of Obsidian Finance Group LLC - Chapter 11 Trustee Summit 1031 Exchange Bankruptcy
- .......................................y Investigative Blogger. L. Cces Says Kevin Padrickj Obsidian Finance LLC is a Liar.
Them are Many Reasons Wiry I Claim that Kevin Padricib Obsidian Finance LW is a Thug, Thief and a Liar.. Many More Will Condone to Post.. in Detail .. as Oregon Attorney David Moan of Toobon Torp LLP Law Firm sent me a Cease and Oboist Requesting that I Stop saying such Facto about his Client Oregon Attorney Kevin Padrick fur Obsidian Finance Portland Oregon.
In the Summit aoa Press Release, it was announced that Sunsuit would be declaring Chapter it bankruptcy, Tasty Vance - Oregon Attorney was the Chief Restructuring Officer who then, at the advisement of Scaeaenrrno Shank, Summit Accommodatora, Inc.’s attorneys, bleed Obsidian Finance Group, LLC as their financial consultants to provide advice on all tax issues affecting Summit Customers and a plan to mitigate damages to the maximum extent possible of currently unfunded exchanges.
it is also my understanding that Obsidian Finance Group, LLC was retained to review substantial real euletS investments and to recommend the best method to realist ’value of such investments to aatiay outstanding claims. Obsidian Finance Group, LLC is national financial cancelling firm, wiokir specializes indlatecated enterprises and assets.
Kevin Padrick, Obsidian Finance Group, LLC,, who is 50% owner of Obsidian Finance Group, LTC, presented to the Summit Shareholders that he had friends with deep poelcota who would help fund their short-term liquidity crisis. (Did Kevin Padrirk Lie ?_
Kevin Padricic, Obsidian Finance Group, LW, never motioned Pored Scheme; he jest kept calling it a abort-term liquidity crisis. Then later it was a Ponui Scheme? Double Talk, Lieu, Greed..??
The Summit Shareholders of maruc wanted this our short term liquidity crisis Solution, It would benefit all and get them out of hut water. But Of Course Kevin Padsick, Obsidian Finance Group, LW Fiat Out LIED..
Kevin Podejck. Obsidian Finance Omule SAC, did none of these ilrbues it tide apreomont and the press releavu. Kevin Padrlelc of Obsidian Finance Group came In immediately and took all of the information then used this privileged
Bankruptcy Corruption: Kevin Pachick of Obsidian Finance Group LLC - Chapter 11 Tru... Page 3 of 7
Information Against their Client and STOLE the Job of the LUCRATIVE position of Chapter ii Trustee in a 40 Million Dollar Oregon Bankruptcy.. (Hence Liar andThlef)
Click Here for Lien. Agreement from Kevin Padricle, Obsidian ltpanerooj,Lc
Click Stern for Piesa Release. information to SaloLnit soos Creditors
tCe,tn Padrick of Obsidian Finance Group told the Summit Principals they would be back In two weeks with a proposal. Instead, they task the privileged financial information and Summit spreadsheet on the properties the Summit Principals were always from day one going to turn over to the bankruptcy estate to the Creditor’s Committee.
Who Was Revise t’isdrlek of Obsidian Finance Group really working for when he Illegally, unethically, corruptly got this financial Information and used at to make blsnaelf TONS of money?
Was Kevin Fadriek of Obsidian Finance Group working for the Creditor’s Committee or Terry Vance, CEO of Samfait? Looks like Kevin Padrick of Obsidian Finance had no Intention on completing his contract with Terry Vance and Summit because they did not receive any proposals or any word from Kevin Padrick after Kevin Padriek of Obsidian Finance Group got what he needed to steal the chapter is Trustee Job.
Kevin Padeick of Obsidian Finance Group took this privileged information to the other aide and mid them something else. Something like we will nun Umpqua, we will take away interests’ from innocent people by suing them, we will sue every eteorrseyevho ever did work for Summit. Kevin Pastrick of Obsidian Finance Group probably never mentioned how much easels the Summit Principals were bonding over already. This way he could get more MONEY for him and chest the Creditors.. oh in my opinion..
Cash $l4MIlIl0n Bond $00 Million E&O $3 Million Note Receivable - Steve White $1.2 Million Property Investments $11.5 Million Business Interests -Bi Million
The Initial Amount being handed over voluntarily, by the Summit Shareholders was $40.7 Million. Summit onlyowed $uS Million.
Since the beginning Kevin Padrick of Obsidian Finance Group, and Tonlron ’lbrp have taken Interests’ in property from Innocent investors, they peered on sales that would’ve brought more money to the bankruptcy 001510, either because they weren’t going Ingot their 15% commission at the time or tsccaeoe they were trying to squash innocent investor’s who were in their way. (Thug and Thief? You Bet)
Kevin Fadrick of Obsidian Finance Group also got a ueetlrnvcrst of $rkt Million from the Summit Shareholdern, they got an unknown settlement from Umpqua Ban% and just the other day they are suing every attorney Summit ever used. Not to mention that Kevin Patrick of Obsidian Finance Group already collected the Band of ito Million, the E&O of $3 Million, the business interest of Si Million and Several Million in Properly lflveatsneota.
Sc, Kevin Padniek of Obsidian Finance Group made money hand over fist for a years and counting, and he wants me to SHUT Up so he can keep making money.
Is would be impossible to get on exact amount of what Kevin Fadniek of Obsidian Finance Group and Tonleon Tory has received and diaboroed. They
file://D: \bankruptcycorruption.COm\DeC-20 1 0\1 2-27-2010\20 I 0\12\kevin-padrick-of-obsidia... 9/2/2011
Bankruptcy Corruption: Kevin Padrick of Obsidian Finance Group LLC - Chapter 1 I Tm... Page 4 of 7
have jumbled the books III bet, and taken a piece of every dirty deal., above the law and with no oversight or transparency what so ever.
It would seem that they don’t have to report what type of money came in and what type of payments went out and to whom. No one is-monitoring this money and they are dealing with Millions upon Millions.
Kevin Padrieb of Obsidian Finance Group - Tax Fraud? Fraud Against the Government? (Ice ya Think?
The Seinissit Principals also did their own 1030 Exchanges daring the post years an they purchased and sold properties. When you do an exchange you have deterred gain tlrstyou don’tpaytax on untilyou aeltilse property.
When Kevin Padrtck as Chapter it trustee did a turnover of all the assets to his liquidating trust, those deferred gains became tax liabilities to the liquidating lrnnt. However, Obsidian Ftnance’u accounting alaN is conveniently leaving these deferred gains out of their tax returns.
They make plugs lathe capital amounts of the Summit Shareholders to get rid of the deferred gain upon the Oslo or disposition of the property. Per an example, Kevin Padoick just gave away the Summit Shareholders’ interest in Century Drive Mobile Home Parkto another owner named Jim Halt.
- tjfisn Diaptisitlon, ThWtthtl -should hstu rathTaiz aruond -$6ss0000 of amiable gain on behalf of the interest owned by Mark Neunrear and Brian Stevens.
No such gain was reported on this tax return and the tax of 8174,000 (20% to IRS and 9% to Oregon) was never paid by the liquidating trust.
Wiry wroild Kevin Pashick of Obsidian Finance Group pay the tax when no one is monitoring his work?
Kevin Padrick of Obsidian Finance Group would rather keep this MONEY and file more Jaweeila to help pad his pockets same mare.
Thus are many more properties with large amounts of deferred gain and related tax liability that are probably not being reported. I, you can files Whistleblower Lawsuit and get o% of recovery of what Kevin Padrick of Obsidian Finance Group has frauded tire U.S. Government.
The IRS and the Oregon Department of Revenue should really look at this, because it means there lass lot of missing Lax dollars to our federal and state governments.
When will he enough money far Kevin Padrickof Obsidian Finance?
Kevin Padrlr.k of Obsidian Finance Group - Thug and Thief will run this score out for an long as he can because he has and can gel much, much more money than what in due to the creditors. He will be paying his attorneys, Tankers Tory for cease and desist orders and lawsuits, while Obsidian Finance Group I.LC gets 1596 commissions an all sales and Kevin Padrick of Obsidian Finance Ge-map spends oodles of hours working so very hard to pad his own pockets that paying back the creditors will bathe very last think he does.
Much More Coming Soars., no David Aman, for the Corrupt Oregon Attorney Kevin Pada’ick of Obsidian imiasanec Group - has sent me a Cease and Desist so I afloat prove the LIES and Illegal Activity on the Summit ioi Bankruptcy out of Send Oregon.... So stay Tuned,.
I Sure am Going be Busy Proving that Kevin Padriek of Obsidian Finance Group Oregon Ltoa, Commits Proud, Breaks the Law and is aTOtiJO and Thief.
by mailing a copy thereof in a sealed, first-class postage prepaid envelope, addressed to said party’s last-known address and depositing in the U.S. mail at Portland, Oregon on the date set forth below;
by causing a copy thereof to be e-mailed to said party at her last-known email address on the date set forth below;
DATED this 2nd day of September 2011
TONKON TORP LLP
/7 By Is! David S. Aman.i 7
David S. Arnan, 0B No. 962106 Direct Dial: 503.802.2053 Fax: 503.972.3753 E-Mail: [email protected]