Bankruptcy Court/Title Company Fraud, Part I

<body topmargin=0 leftmargin=0 marginheight=0 marginwidth=0> <table cellpadding=0 cellspacing=0 border=0><tr> <td valign="top" rowspan="2" width=210 BGCOLOR="#006633" TEXT="#F7F7FF" background="132d6c00ddvuru.jpg"> <bR> <bR> <bR> <bR> <bR> <div> <B>INDEX OF PAGES</B></div> <bR> <div> <A HREF="index.htm" TARGET="_top" TITLE="Main"><U><B>Home Page</B></U></A></div> <bR> <div> <A HREF="background.htm" TARGET="_top" TITLE="Background"><U><B>Background</B></U></A></div> <bR> <div> <A HREF="news.htm" TARGET="_top" TITLE="In The News"><U><B>In The News</B></U></A></div> <bR> <div> <A HREF="gasb_fraud.htm" TARGET="_top" TITLE="gasb"><U><B>German-American State Bank Fraud</B></U></A></div> <bR> <div> <A HREF="davis_bank_fraud.htm" TARGET="_top" TITLE="davis"><U><B>State Bank of Davis Fraud</B></U></A></div> <bR> <div> <A HREF="records_confirmed.htm" TARGET="_top" TITLE="confirmed"><U><B>Property Title Records Confirmed</B></U></A></div> <bR> <div> <A HREF="letter.htm" TARGET="_top" TITLE="letter"><U><B>Letter to Stockholders of FNF</B></U></A></div> <bR> <div> <FONT SIZE="3" COLOR="#FFFFFF" FACE="Times New Roman" ><A HREF="id25.htm" TARGET="_top" TITLE="Conflict of Interest"><U><B>Paul Logli and Conflicts</B></U></A></FONT><A HREF="id25.htm" TARGET="_top" TITLE="Conflict of Interest"><U><B> of</B></U></A><A HREF="id25.htm" TARGET="_top" TITLE="Conflict of Interest"><U><B> Interest</B></U></A></div> </td> <td valign="top" colspan=2 height=165 BGCOLOR="#0000CC" TEXT="#080000"> <bR> <div> <B>BANKRUPTCY COURT/TITLE COMPANY FRAUD</B><FONT SIZE="2" COLOR="#FFFFFF" FACE="Arial" > </FONT></div> <div> BANKRUPCTY ADVERSARY CASE 99-A-5023</div> <div> PART I</div> </td> </tr><tr> <td valign="top" height=315 colspan=2 BGCOLOR="#FFFFFF" TEXT="#080000"> <bR> <div> <FONT SIZE="5" COLOR="#003333" FACE="Arial" > <A NAME="quickmark_1"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A></FONT><FONT SIZE="4" COLOR="#000000" FACE="Times New Roman" >  </FONT><B> </B><FONT SIZE="4" COLOR="#000099" FACE="Times New Roman" ><B>  </B></FONT><B> </B><FONT SIZE="4" COLOR="#000000" FACE="Times New Roman" ><B>"</B><I><B>The term 'extortion' means the obtaining of property from another, with his consent, induced by wrongful</B></I></FONT></div> <div> <I><B>use of actual or threatened force, violence, or fear, or under color of official right</B></I><B>." </B><B>18 U.S.C. 1951(A)(2)</B></div> <bR> <div> <I><B>"Actually, Judge, it's my understanding that this stems from a proceeding from 20 years ago started by the bank trying to obtain title to property."</B></I></div> <bR> <div> (Statement of Wendy Larson, an assistant to Winnebago County<B> </B>State's Attorney Paul Logli, in <I>People v. Vance</I> (01-CF-2701) on April 28, 2004<FONT SIZE="4" COLOR="#0000CC" FACE="Arial" > (</FONT><FONT SIZE="4" COLOR="#009933" FACE="Times New Roman" > <a href="http://www.wellsofjustice.org/pdf/trnscrt.pdf" target="new">See Transcript</a>  ,</FONT> pages 14 & 15).  The "<I><B>trying to obtain title to</B></I> (the farm) <I><B>property</B></I>", "<I>under color of official right</I>" of the Bankruptcy Court in Rockford, Illinois, is the subject of this page.</div> <bR> <bR> <div> <B>" . . . </B><I><B>, the scheme will only hold up so long.  Eventually it becomes uncovered.  . . .  It eventually catches up with the person(s)</B></I><B>."</B></div> <bR> <DIV ALIGN="LEFT"></DIV> <div> (<FONT SIZE="4" COLOR="#009933" FACE="Times New Roman" > <a href="http://www.wellsofjustice.org/pdf/logli.pdf" target="new">Statement</a>  </FONT><FONT SIZE="4" COLOR="#000000" FACE="Times New Roman" > </FONT>of Winnebago County State's Attorney Paul Logli which appeared in the Rockford Register Star on January 20, 2005.)</div> <bR> <div> __________________________________________________________</div> <bR> <bR> <div> <B>Facts of Record Pertinent to this Page</B></div> <bR> <div> <B><IMG BORDER="0" SRC="Symb075c00b701400000bf00.png" HEIGHT="21" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">Clarence's Bankruptcy Case Records (97-B-50687) establish each of the following:</B></div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">Clarence Vance filed an individual Chapter 7 Petition for Relief in the United States Bankruptcy Court in Rockford, Illinois, as Case 97-B-50687 on March 10, 1997.  In that no asset Petition, Clarence listed three (3) judgment creditors:  The State Bank of Davis, An Insurance Company, and an Insurance Company Insured;</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">Clarence listed the real estate that he owned as "<I><B>NONE</B></I>" on his  <a href="http://www.wellsofjustice.org/pdf/scda.pdf" target="new">SCHEDULE A-REAL ESTATE</a>  , which he filed on March 25, 1997;</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">The State Bank of Davis, the only creditor to appear in Clarence's Bankruptcy Case, appeared as a "<I>secured creditor</I>" based on a judgment obtained against Clarence in the amount of "<I>$59,090.78 plus reserved attorneys fees</I>" in Stephenson County Case 85-L-43 on May 19, 1986.  A  <a href="http://www.wellsofjustice.org/pdf/moj.pdf" target="new">MEMORANDUM</a>  of that judgment was filed in the Winnebago County Recorder's Office as Document No. 1701749 on May 19, 1986.  Thereafter, that judgment was "<I>revived on June 10, 1996, in the amount of $111,731.16</I>" and another  <a href="http://www.wellsofjustice.org/pdf/rmoj.pdf" target="new">MEMORANDUM OF JUDGMENT</a>  was filed in the Winnebago County Recorder's Office as Document No. 9631647 on June 26, 1996.  Each Memorandum of Judgment described the subject property differently, however, it is presumed that each such description was intended to pertain to the same property which both Winnebago County Title Records establish and Winnebago County Court Orders, in Case No. 97-ED-1 (see Property Title Records Confirmed page), confirm that Clarence had NO ownership interest in after September 2, 1983:</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">NO "<I>creditor holding an unsecured claim</I>" (11 U.S.C. 544(b)) appeared in Clarence's Bankruptcy Case or filed a claim against Clarence's Bankruptcy Estate.  Consequently, Clarence's Bankruptcy Estate had NO CREDITORS to benefit from any source of funds or the sale of any property;</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">Daniel M. Donahue, a member of the law firm of McGreevy, Johnson & Williams, P.C. which has represented the interests of the State Bank of Davis in Winnebago County since about 1990:</div> <bR> <div> *    Represented "<I>secured creditor</I>" State Bank of Davis in Clarence's Bankruptcy Case;</div> <bR> <div> *     Obtained a Bankruptcy Court  <a href="http://www.wellsofjustice.org/pdf/bkr.pdf" target="new">Order</a>  , dated April 25, 1997, by which his client, "<I>secured creditor</I>" State Bank of Davis, was "<I>given relief from the automatic stay in order to pursue its State Court remedies</I>" and was thereby removed from Clarence's Bankruptcy Case;</div> <bR> <div> *     Acknowledged that removal of the State Bank of Davis from Clarence's Bankruptcy Case by his failure to "<I>File a Complaint Objecting to the Discharge of</I>" Clarence's debts by "<I>June 30, 1997</I>", as required and Noticed by the Bankruptcy Court  <a href="http://www.wellsofjustice.org/pdf/bkntc.pdf" target="new">(See NOTICE)</a>  ;</div> <bR> <div> *     Declined being appointed Trustee of Clarence's Bankruptcy Estate by a  <a href="http://www.wellsofjustice.org/pdf/dltr.pdf" target="new">letter</a>  , dated May 2, 1997, in which he stated that:  "<I>I am unable to accept this appointment due to a conflict</I>";</div> <bR> <div> *     Represented "<I>secured creditor</I>" State Bank of Davis at the Meeting of Creditors conducted on June 12, 1997;</div> <bR> <div> *     Filed a  <a href="http://www.wellsofjustice.org/pdf/tapp.pdf" target="new">TRUSTEE'S APPLICATION TO EMPLOY SPECIAL COUNSEL</a>  on July 7, 1997, signed by Bankruptcy Trustee Thomas J. Lester, which "<I>respectfully alleges</I>" to the Bankruptcy Court that:  "<I>the applicant requires the services of Daniel M. Donahue of the firm of McGreevy, Johnson & Williams, P.C., to pursue the liquidation of the Debtor's interest in various properties.</I>" and also "<I>desires to retain Daniel M. Donahue and McGreevy, Johnson & Williams, P.C., as special counsel for the Truste</I>e";</div> <bR> <div> <FONT SIZE="4" COLOR="#BF0000" FACE="Times New Roman" ><B>NOTE:</B></FONT>     Daniel M. Donahue, one of the attorneys for<FONT SIZE="4" COLOR="#000000" FACE="Times New Roman" > </FONT>"<I>secured creditor</I>" State Bank of Davis, signed the NOTICE of hearing, pertaining to that APPLICATION.  The physical characteristics on that APPLICATION also indicate that Daniel M. Donahue, or a member of his law firm, (NOT Thomas J. Lester or a member of his law firm) drafted that APPLICATION asking that Daniel M. Donahue be employed to represent Clarence's Bankruptcy Trustee, even though Clarence's Bankruptcy Estate had NO unsecured creditors for the Trustee to represent.  Physical characteristics on that letter ("<FONT SIZE="2" COLOR="#0000FF" FACE="Times New Roman" ><I>#115579</I></FONT>") also indicate that Thomas J. Lester, or another member of HINSHAW & CULBERTSON, drafted the "<I>DECLARATION OF DANIEL M. DONAHUE</I>" attached to that APPLICATION.  Pleadings prepared by Daniel M. Donahue or other members of his law firm do not contain such numbered characteristics.</div> <bR> <div> *     Filed a  <a href="http://www.wellsofjustice.org/pdf/poc.pdf" target="new">PROOF OF CLAIM</a>  on September 3, 1997, as an attorney for the State Bank of Davis, which stated a "<I>SECURED CLAIM</I>" against Clarence in the amount of "<I>$121,810.24</I>";</div> <bR> <div>      Thomas J. Lester, a member of the law firm of Hinshaw & Culbertson, was appointed Trustee of Clarence's Bankruptcy Estate on May 5, 1997.  At the meeting of creditors, Trustee Thomas J. Lester stated to Clarence:</div> <bR> <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>."  (Transcribed from the audio tape of the 341 meeting conducted on June 12, 1997.)</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">The Bankruptcy Court issued an automatic  <a href="http://www.wellsofjustice.org/pdf/dschrg.pdf" target="new">DISCHARGE OF DEBTOR</a>  in Clarence's Bankruptcy Case, bearing the signature of Bankruptcy Judge Richard N. DeGunther and dated July 10, 1997, because "<I>no complaint objecting to the discharge of the debtor was filed within the time fixed by the court</I>", that date having been "<I>June 30, 1997</I>".  That DISCHARGE OF DEBTOR "<I>released (Clarence) from all dischargeable debts" </I>and also "<I><B>ORDERED THAT:  . . .  </B></I><I>Any judgment heretofore or hereafter obtained in any court other than this court is null and void</I>", which included the State Bank of Davis judgment against Clarence.</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">Bankruptcy Judge Richard N. DeGunther signed an  <a href="http://www.wellsofjustice.org/pdf/drdr.pdf" target="new">Order</a>  , "<I>Prepared by:  Daniel M. Donahue</I>" and dated July 18, 1997, which "<I>authorized</I>" Bankruptcy Trustee Thomas J. Lester "<I>to employ the law firm of McGreevy, Johnson & Williams, P.C., ("a disinterested person") generally as attorneys for the estate and for the Trustee</I>" as being "<I>in the best interest of the estate</I>", even though Judge DeGunther had reason to know that:</div> <bR> <div> *     Clarence did NOT own any real estate;</div> <bR> <div> *     No "<I>creditor holding an unsecured claim</I>" appeared in Clarence's Bankruptcy Case or filed a claim against Clarence's Bankruptcy Estate;</div> <bR> <div> *     The State Bank of Davis was "<I>given relief from the automatic stay in order to pursue its State Court remedies</I>" and removed from Clarence's Bankruptcy Case, by the  <a href="http://www.wellsofjustice.org/pdf/bkr.pdf" target="new">Order</a>  Judge DeGunther signed on April 25, 1997; </div> <bR> <div> *     The July 10, 1997 DISCHARGE OF DEBTOR, bearing Judge DeGunther's signature, discharged Clarence's debts and declared the State Bank of Davis judgment against Clarence to be "<I>null and void</I>";</div> <bR> <div> *     Daniel M. Donahue and "<I>the law firm of McGreevy, Johnson & Williams, P.C.,</I>" were attorneys for "<I>secured creditor</I>" State Bank of Davis and were NOT "<I>disinterested person(s)</I>";</div> <bR> <div> Bankruptcy Judge Richard N. DeGunther retired from his position at the end of December, 1997, and was replaced by Manuel Barbosa on March 28, 1998.</div> <bR> <div>      Bankruptcy Trustee Thomas J. Lester filed a Complaint for Revocation of Discharge, as Adversary Case No 98-A-5060 on June 4, 1998, and asked that Clarence's Discharge be revoked because he failed to cooperate with the Trustee's efforts to sell property placed in, and owned by, a Trust created by Clarence's parents in 1976, for the benefit of their children, and protected from the Trustee's efforts by Illinois Law (735 ILCS 5/2-1403). </div> <bR> <div> <FONT SIZE="4" COLOR="#BF0000" FACE="Times New Roman" ><B>NOTE:</B></FONT><FONT SIZE="4" COLOR="#000000" FACE="Times New Roman" >   </FONT>  735 ILCS 5/2-1403 states in pertinent part as follows:  "<I>No court . . . 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 judgmenht debtor</I>."</div> <bR> <div>      At the request of Bankruptcy Trustee Thomas J. Lester, Judge Barbosa, on December 16, 1998, signed a Default Judgment Order in Case No 98-A-5060 despite the fact that Judge Barbosa had denied Clarence's efforts to file pleadings.  That Default Order "<I>vacated</I>" Clarence's Discharge for the benefit of NO creditors in his Bankruptcy Estate.   By that Order, Judge Barbosa avoided the necessity of addressing the issues in that 98-A-5060 Case and allowed Trustee Thomas J. Lester and "<I>his attorney</I>" (who also represented the State Bank of Davis) to advance the ongoing scheme of <I><B>"trying to obtain title to (the farm) property"</B></I>, "<I>under color of official right</I>" of the Bankruptcy Court, which had previously been declared to be suitable for special use purposes.  Clarence says it appears that Thomas Lester made that attempt to sell his parent's property for the sole purpose of creating an excuse to vacate Clarence's Discharge so as to enable him to continue that ongoing scheme.</div> <bR> <DIV ALIGN="LEFT"></DIV> <div> __________________________________________________________</div> <bR> <bR> <div>      Bankruptcy Trustee Thomas J. Lester, "<I>by and through his attorneys, McGreevy, Johnson & Williams, P.C.</I>" filed an<FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/advc.pdf" target="new">ADVERSARY COMPLAINT</a>  </FONT> in the Bankruptcy Court as Adversary Case 99-A-5023 on February 24, 1999.  In that Complaint, the Bankruptcy Trustee, by "<I>his attorney</I>" Daniel M. Donahue, asked the Bankruptcy Court to "<I>enter an order avoiding the </I>(alleged)<I> fraudulent transfer</I>" (Page 4) and to "<I>enter an order authorizing the Trustee to sell the farm Property</I>" (Page 5).  That Complaint was filed on behalf of "<I>The State Bank of Davis . a secured creditor of this estate</I>" (Paragraph 13) by Daniel M. Donahue, an attorney for the State Bank of Davis.</div> <bR> <div>      A comparison between the October 27, 1998 State Court  <a href="http://www.wellsofjustice.org/pdf/fjo.pdf" target="new">FINAL JUDGMENT ORDER</a>  , entered in Winnebago County Circuit Court Case 97-ED-1 and confirming the Winnebago County Public Title Records as to the lawful and recorded ownership of the property in question (See <FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" ><B>Property Title Records Confirmed</B></FONT> Page), and the February 24, 1999 Adversary Complaint establishes that the Bankruptcy Trustee, by his State Bank of Davis attorneys, was essentially inviting the Bankruptcy Court to relitigate the Title issue previously determined and settled by that state-court FINAL JUDGMENT ORDER.  The State Bank of Davis was a named party to that state-court Case and, even though that prior state-court Order was contrary to the ownership claims of the State Bank of Davis, no review of that Order was sought or taken.</div> <bR> <div>      The Bankruptcy Trustee and "<I>his attorney</I>" both had reason to know that the Bankruptcy Court has never had any lawful authority to relitigate the Title claims alleged in that Adversary Complaint.</div> <bR> <div> <B>     </B><B>"</B><I>Federal courts are courts of limited jurisdiction and are empowered to hear only those cases which have been entrusted to them by a Congressional grant of jurisdiction.  They have no power to review the judgment of a state court, except where a substantial federal question is involved.  In such a case, the final judgment or decree rendered by the "highest court of a State in which a decision could be had", may be reviewed by the Supreme Court of the United States pursuant to the provisions of 28 U.S.C. 1257.  But federal district courts are limited to cases of original jurisdiction and cannot entertain a proceeding to modify or reverse a state court proceeding.  To do so would be an exercise of appellate jurisdiction.</I><B>" </B><FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" > (</FONT> <a href="http://www.wellsofjustice.org/pdf/reich.pdf" target="new">Reich v. City of Freeport</a>  , 1974, 388 F.Supp. 953, (Page 955)</div> <bR> <div>  <FONT SIZE="4" COLOR="#BF0000" FACE="Times New Roman" ><B>NOTE:  </B></FONT>    Clarence says that neither he nor the Trustee of Thousand Hills Trust were aware of the jurisdictional limitations imposed on the Bankruptcy Court by  28 U.S.C. 1257 and the supporting <I>Rooker-Feldman</I> doctrine of  the United States Supreme Court until September, 2004.  Clarence says that even more recently he became aware of the fact that Woodruff A. Burt, longtime Legal Counsel to and a Director of the State Bank of Davis in 1999 when the Adversary Complaint was filed, was aware of the point of law that lower Federal Courts do not have jurisdiction to reverse or modify state court judgments.  That awareness is established by his 1974 representation (see Page 954) of the City of Freeport, Illinois, in the Reich lawsuit  in which his Motion to Dismiss, on behalf of Defendant City of Freeport, was granted (see Page 957) by the very same Federal District Court, which the Bankruptcy Court in question is a part of, on the basis of that very same 28 U.S.C. 1257 jurisdictional limitation.</div> <bR> <div> <B>     "</B><I>The federal complaint</I> (of the Bankruptcy Trustee) <I>essentially invited</I> (the)<I> federal court</I> <I>of first instance to review and reverse</I> (an)<I> </I><I>unfavorable state-court judgment.  We declared</I> (in <I>Rooker</I> and <I>Feldman</I>) <I>such suits out of bounds, i.e., properly dismissed for want of subject-matter jurisdiction.  </I></div> <div> <I> </I></div> <div> <I>     Among federal courts, the Rooker Court clarified, Congress had empowered only this Court to exercise appellate authority 'to reverse or modify' a state-court judgment.  . . .  'Review of such determinations', . . . 'can be obtained only in this Court'.</I></div> <bR> <div>      <I>Rooker-Feldman bars a losing party in state court 'from seeking what in substance would be appellate review of the state judgment in a United States district Court . . .</I></div> <bR> <div>      <I>Unless and until . . . reversed or modified, [the state-court judgment] would be an effective and conclusive adjudication</I>.<B>"</B> <FONT SIZE="3" COLOR="#000000" FACE="Arial" > </FONT> <a href="http://www.wellsofjustice.org/pdf/ussc 03-05.pdf" target="new">Exxon Mobil, Corp. v. Saudi Basic Industries, Corp.</a>  , 544 U.S. ___ , (pages 2,3,5,7);  161 L.Ed.2d 454 (pages 461, 463, 464)   Unanimous decision delivered for the United States Supreme Court by Justice Ginsburg, on March 30, 2005, clarifying the long established <I>Rooker-Feldman</I> doctrine of that Court in support of 28 U.S.C. 1257.</div> <bR> <div> Clarence says that Thomas Lester and Daniel M. Donahue each also had reason to know that his Bankruptcy Case Records then contained evidence which established the following:</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">The Winnebago County Recorder's Office Records established that Clarence had no Title interest in the subject farm property after September 2, 1983.</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">Those Public Title Records were confirmed by both the State Court  <a href="http://www.wellsofjustice.org/pdf/ovt.pdf" target="new">ORDER VESTING TITLE</a>  and the State Court  <a href="http://www.wellsofjustice.org/pdf/fjo.pdf" target="new">FINAL JUDGMENT ORDER</a>  , entered in Winnebago County Circuit Case 97-ED-1 on October 27, 1998 (See <FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" ><B>Property Title Records Confirmed</B></FONT> Page).  </div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">"S<I>ecured creditor</I>" State Bank of Davis had been granted its' request and "<I>given relief from the automatic stay in order to pursue its State Court remedies</I>" by a Bankruptcy Court<FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/bkr.pdf" target="new">Order</a>  </FONT>, signed by Judge DeGunther on April 25, 1997, and was thereby removed from Clarence's Bankruptcy Case;</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">NO "<I>unsecured creditors whom the Trustee represents</I>" (11 U.S.C. 704 Notes of Committee on the Judiciary, Senate Report No. 95-989) appeared in Clarence's Bankruptcy Case or filed a claim against Clarence's Bankruptcy Estate, consequently, Clarence's Bankruptcy Estate had <B>NO</B> creditors to benefit from the sale of any property;</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">The State Bank of Davis May 19, 1986 judgment against Clarence, and the June 10, 1996 revival of that judgment, was declared "<I>null and void</I>" by the  <a href="http://www.wellsofjustice.org/pdf/dschrg.pdf" target="new">DISCHARGE OF DEBTOR</a>  issued by the Bankruptcy Court on July 10, 1997, because "<I>no complaint objecting to the discharge of the debtor was filed within the time fixed by the court</I>".</div> <bR> <div>      Nevertheless, Daniel M. Donahue, then acting as the attorney for State Bank of Davis as well as the attorney for Bankruptcy Trustee Thomas J. Lester, stated in the Trustee's Adversary complaint, in pertinent part, as follows:</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">"5. <I>  On May 12, 1983, Mr. Vance received a warranty deed from (the previous owner) which granted him an undivided one-half interest in certain real property located in the village of Pecatonica, county of Winnebago, state of Illinois, and commonly known as 15858 Brick School Road which is more fully described as follows (hereinafter referred to as the "</I><I>Farm Property</I><I>"):</I></div> <bR> <div> <I>The North Half (1/2) of the Southwest Quarter (1/4) and the Northwest Quarter (1/4) of the South East Quarter (1/4) of Section Nine (9) Township Twenty-seven (27) North, Range Ten (10) East of the Fourth (4th) Principal Meridian, also Lots One through Seven inclusive in the South East Quarter (1/4) of the Southwest Quarter (1/4) as designated upon the Plat accompanying the Commissioner's Report in Cause Number 6224 in the Circuit Court of Winnebago County as said Plat is recorded in Book 63 of Deeds at Page 551 in the Recorder's Office of Winnebago County, Illinois; also the Southwest Quarter (1/4) of the Southwest Quarter (1/4) of the Section, Township and Range  aforesaid excepting that part of said premises heretofore conveyed by Deeds recorded in Book 777 of Recorder's Records at Page 46 and Book 1046 of Recorder's Records at page 50 in the Recorder's Office in Winnebago County, Illinois, situated in Winnebago County, State of Illinois."</I></div> <bR> <div> <FONT SIZE="4" COLOR="#BF0000" FACE="Times New Roman" ><B>NOTE:</B></FONT><FONT SIZE="4" COLOR="#000000" FACE="Times New Roman" >   </FONT> Daniel M. Donahue's statement and legal description of the "<I>Farm Property</I>" may have been true at one point in time.  However, on February 24, 1999, Thomas J. Lester and Daniel M. Donahue each had reason to know that statement and that legal description were misrepresentations of the Public Records at that time.  Each of them also had reason to know that legal description of the "<I>Farm Property</I>" was not the same legal description set forth in the referenced May 12, 1983 Warranty Deed<FONT SIZE="4" COLOR="#000000" FACE="Times New Roman" ><I> </I></FONT> <a href="http://www.wellsofjustice.org/pdf/deeds.pdf" target="new">(See Deeds)</a>  .  It appears that, by that statement and the different legal description of the "<I>Farm Property"</I>, Daniel M. Donahue and Thomas J. Lester were attempting either to discredit or to circumvent the October 27, 1998 State Court Orders, confirming the Winnebago County Public Title Records, in order to continue the ongoing scheme of "<I><B>trying to obtain title to (the farm) property</B></I><B> </B>" now "<I>under color of official right</I>" of the U.S. Bankruptcy Court.</div> <bR> <div>      Bankruptcy Trustee Thomas J. Lester and "<I>his attorneys</I>" each had reason to know that the title interest wrongfully conveyed to Clarence by that warranty deed (See <B>Property Title Records Confirmed</B><FONT SIZE="4" COLOR="#000000" FACE="Times New Roman" > </FONT>Page), had been transferred back to the rightful owner, Harriet P. Vance, by the Quit Claim Deed which Clarence signed on September 2, 1983.  Trustee Thomas J. Lester and "<I>his attorneys</I>" also had reason to know that the ownership claim and the legal description stated in that Adversary Complaint were both contrary to the<FONT SIZE="4" COLOR="#000000" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/ovt.pdf" target="new">ORDER VESTING TITLE</a>  </FONT> and the<FONT SIZE="4" COLOR="#000000" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/fjo.pdf" target="new">FINAL JUDGMENT ORDER</a>  </FONT>entered in Winnebago Case 97-ED-1 on October 27, 1998.  Each of those State Court Orders confirmed the Winnebago County Recorder's Office Title Records which establish:</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b70118ff000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0"> Clarence had<B> NO</B> title interest in the "<I>Farm Property</I>" <B>AFTER</B> September 2, 1983;</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b70118ff000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0"> Harriet P. Vance, as an individual, was the sole and lawful owner of the "<I>Farm Property</I>" <B>FROM</B> September 2, 1983 <B>UNTIL</B> October 22, 1993;</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b70118ff000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">Thousand Hills Trust, with Harriet P. Vance as Trustee, was the sole and lawful owner of the "<I>Farm Property</I>" <B>SINCE</B> October 22, 1993.  Furthermore, those same Title Records also establish that, <B>SINCE</B> October 27, 1998, Thousand Hills Trust, with Harriet P. Vance as Trustee, has <B>NOT</B> executed any document transferring title in that "<I>Farm Property</I>" to any other person.</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b70118ff000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0"> The "<I>Farm Property</I>" consisted of 181.4 Acres, as Tax Parcel Number 441-501, <B>BEFORE</B> the entry of those October 27, 1998 State Court Orders, and consisted of 178.618 Acres, as Tax Parcel Number 441-501A, <B>AFTER</B> the entry of those same Orders.</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">"<I>11.   Mr. Vance is still in possession and control of the Farm Property</I>."  (Page 3);</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">"<I>13.   The State Bank of Davis is a secured creditor of this estate holding an allowable claim under 11 U.S.C. S502, and was a creditor at the time of the transfer and said conveyance is voidable by said creditor under the Uniform Conveyance Act of the State of Illinois</I>.  (Pages 3 & 4);</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">"14.   P<I>ursuant to 11 U.S.C. S544(b), said transfer is voidable by the Trustee</I>."  (Page 4);</div> <bR> <div> <FONT SIZE="4" COLOR="#BF0000" FACE="Times New Roman" ><B>NOTE:</B></FONT>     Contrariwise, 11 U.S.C. 544(b) explicitly prohibited both Bankruptcy Trustee Thomas J. Lester <B>AND</B> his "<I>attorneys</I><I> for the estate and for the Trustee</I>", from so acting on behalf of "<I>secured creditor</I>" State Bank of Davis, in that:</div> <bR> <div> "<I>The trustee may avoid any transfer of an interest of the debtor in property or any obligation incurred by the debtor that is voidable under applicable law </I><I><B>by a creditor holding an unsecured claim</B></I><I> that is allowable under section 502 of this title or that is not allowable only under section 502(e) of this title</I>."  (Emphasis added)</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">"<I>18.   Pursuant to 11 U.S.C. S363(h), a partition between the estate and the co-owner's one-half interest in the Farm Property would not be practicable under the circumstances because the Farm Property contains a number of buildings, including a residential house.  In addition, the sale of the estate's undivided one-half interest in the Farm Property would realize significantly less income for the estate than the sale of the Farm Property free of the interest of the co-owner, and the benefit of the sale of the Farm Property greatly outweighs any detriment to the co-owner's interest in the Farm Property.</I>"  (Page 5);</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">"<I>19.   Upon information and belief, the Trustee believes that one-half of the proceeds would be payable to the estate and the other one-half of the proceeds would be payable to Harriett P. Vance</I>."  (Page 5);</div> <bR> <div> <FONT SIZE="4" COLOR="#BF0000" FACE="Times New Roman" ><B>NOTE:</B></FONT>     Both Bankruptcy Trustee Thomas J. Lester and "<I>his attorne</I><I>ys for the estate and for the Trustee</I>" had reason to know, on February 24, 1999, that Clarence's Bankruptcy "<I>estate</I>" had <B>NO </B>"<I>creditor holding an unsecured claim</I>" (11 U.S.C. 544(b)), "<I>whom the Trustee represents</I>" (11 U.S.C. 704 Notes of Committee on the Judiciary, Senate Report No. 95-989).  Also, Daniel M. Donahue, in his Adversary Complaint, <B>NEVER</B> identified the person he alleged to be a "<I>co-owner</I>" of that "<I>Farm Property</I>".  Furthermore, the Public Title Records confirmed by those State Court Orders establish that there has<B> </B><B>NOT</B> been a "<I>co-owner</I>" of the "<I>Farm Property</I>" since September 2, 1983.</div> <bR> <div>      Nevertheless, Daniel M. Donahue, in his<FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/advc.pdf" target="new">ADVERSARY COMPLAINT</a>  </FONT>, "<I>requests this Court to enter an order authorizing the Trustee to sell the Farm Property at a price and by a procedure to be determined at a later date, free and clear of all liens and claims, to order one-half of the proceeds payable to the estate and the other one-half payable to Harriett P. Vance</I>, . . .." (Pages 5 & 6).</div> <bR> <div>      In response to that Adversary Complaint:</div> <bR> <div> Clarence filed a MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED on March 17, 1999, and, in support of that Motion, attached the following documents:</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">"EXHIBIT A" - A copy of the Quit Claim Deed which he signed on September 2, 1983, in the presence of three (3) witnesses<I> </I><FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" > <a href="http://www.wellsofjustice.org/pdf/deeds.pdf" target="new">(See Deeds)</a>  </FONT>;</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">"EXHIBIT B" - A copy of the October 22, 1993<I> </I><FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" > <a href="http://www.wellsofjustice.org/pdf/wtyd.pdf" target="new">WARRANTY DEED IN TRUST</a>  </FONT> signed by Harriet P. Vance, individually, conveying title in the "<I>Farm property</I>" solely to Thousand Hills Trust, with Harriet P. Vance as Trustee;</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">"EXHIBIT C" - A copy of page "1" of the "REVOCABLE TRUST AGREEMENT" whereby Harriet P. Vance, individually, created Thousand Hills Trust, on October 22, 1993, and established Harriet P. Vance as Trustee of Thousand Hills Trust, to "<I>hold in trust and administer, as trustee, the property</I>" owned by and titled in that <FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" > <a href="http://www.wellsofjustice.org/pdf/tht.pdf" target="new">Trust</a>  </FONT>;</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">"EXHIBIT D" - A copy of the then unrecorded FINAL JUDGMENT ORDER entered in Winnebago Circuit Court Case 97-ED-1 on October 27, 1998.</div> <bR> <div> <FONT SIZE="4" COLOR="#BF0000" FACE="Times New Roman" ><B>NOTE: </B></FONT><FONT SIZE="4" COLOR="#000000" FACE="Times New Roman" >    </FONT>The copy of the unrecorded Final Judgment Order attached to Clarence's Motion to Dismiss was a copy of that same Final Judgment Order, certified by a Clerk of the Winnebago County Circuit Court on October 28, 1998, by which by the Winnebago County Treasurer's Office paid the sum specified in that Order to "<I>Harriet P. Vance, Trustee</I>" by Check No. 4063 on October 28, 1998.  Another certified copy of that Final Judgment Order was later filed with the Winnebago County Recorder's Office as Document No. 0038057, on August 1, 2000.  The copy certified on October 28, 1998, consisted of what are now pages "2 of 8" through "6 of 8" of Document 0038057<FONT SIZE="4" COLOR="#000000" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/fjo.pdf" target="new">(See FINAL JUDGMENT ORDER)</a>  </FONT>.</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">"EXHIBIT E" - A copy of the<FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/dfr.pdf" target="new">ORDER OF DEFAULT JUDGMENT</a>  </FONT> AGAINST DEFENDANT STATE BANK OF DAVIS establishing that "<I>secured creditor</I>" State Bank of Davis was a Party to that 97-ED-1 Case, and was also Defaulted for failing to appear in that State Court action. That action confirmed the Winnebago County Recorder's Office Title Records which establish that ownership of the "<I>Farm property</I>" was vested solely in Harriet P. Vance as Trustee of Thousand Hills Trust since October 22, 1993. </div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">"EXHIBIT F" - A copy of the  <a href="http://www.wellsofjustice.org/pdf/ovt.pdf" target="new">ORDER VESTING TITLE</a>  which establishes both that:</div> <bR> <div> *     <B>PRIOR</B> to the entry of that Order, the "<I>Farm Property</I>", lawfully titled of Record to Thousand Hills Trust with Harriet P. Vance as Trustee, consisted of the "<I>TOTAL AREA (of)</I> <I>181.400 AC.</I>"; and </div> <bR> <div> *     <B>AFTER</B> the entry of that Order, the "<I>Farm Property</I>", still lawfully titled of Record to Thousand Hills Trust with Harriet P. Vance as Trustee, consisted of the "<I>AREA REMAINING    </I> <I>178.618 AC.</I>".</div> <bR> <div>      Harriet P. Vance, individually, and Harriet P. Vance as Trustee filed a MOTION TO DISMISS on March 25, 1999, and, in support of that Motion, attached the following:</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">"EXHIBIT A" - A copy of the Quit Claim Deed signed by Clarence on September 2, 1983<I> </I><FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" > <a href="http://www.wellsofjustice.org/pdf/deeds.pdf" target="new">(See Deeds)</a>  </FONT>;</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">"EXHIBIT B" - A copy of the first page of the "REVOCABLE TRUST AGREEMENT" whereby Harriet P. Vance, individually, created Thousand Hills Trust and installed Harriet P. Vance as Trustee of that <FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" > <a href="http://www.wellsofjustice.org/pdf/tht.pdf" target="new">Trust</a>  </FONT>;</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">"EXHIBIT C" - A copy of the<I> </I><FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" > <a href="http://www.wellsofjustice.org/pdf/wtyd.pdf" target="new">WARRANTY DEED IN TRUST</a>  </FONT>, executed on October 22, 1993, by which Harriet P. Vance, individually, conveyed title in the "<I>Farm Property</I>" solely to Thousand Hills Trust, with Harriet P. Vance as Trustee; </div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">"EXHIBIT D" - A copy of the Recorded  <a href="http://www.wellsofjustice.org/pdf/thtra.pdf" target="new">RENTAL AGREEMENT</a>  contract between "<I>HARRIET VANCE, Trustee of Thousand Hills Trust as Landlord and JIM BLUNT, as Tenant, for the use of cropland during the 1997 and 1998 crop seasons, pertain(ing) to property owned solely by Thousand Hills Trust</I>", pertaining to the same "<I>Farm Property</I>" referenced and described by Daniel M. Donahue in his Adversary Complaint.  Harriet says she attached a copy of that Rental Agreement to her Motion in order to establish that she had been conducting farm business solely as the Trustee of Thousand Hills Trust for several years;</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">"EXHIBIT E" - A copy of the then unrecorded FINAL JUDGMENT ORDER entered in Winnebago Circuit Court Case 97-ED-1 on October 27, 1998;</div> <bR> <div> <FONT SIZE="4" COLOR="#BF0000" FACE="Times New Roman" ><B>NOTE: </B></FONT><FONT SIZE="4" COLOR="#000000" FACE="Times New Roman" >    </FONT>Again, the copy of the unrecorded Final Judgment Order attached to each Motion to Dismiss was a copy of that same Final Judgment Order, certified by a Clerk of the Winnebago County Circuit Court on October 28, 1998, by which by the Winnebago County Treasurer's Office paid the sum specified in that Order to "<I>Harriet P. Vance, Trustee</I>" by Check No. 4063 on October 28, 1998.  Another certified copy of that Final Judgment Order was later filed with the Winnebago County Recorder's Office as Document No. 0038057, on August 1, 2000.  The copy certified on October 28, 1998, consisted of what are now pages "2 of 8" through "6 of 8" of Document 0038057<FONT SIZE="4" COLOR="#000000" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/fjo.pdf" target="new">(See FINAL JUDGMENT ORDER)</a>  </FONT>.</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">"EXHIBIT F" - A copy of the<FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/dfr.pdf" target="new">ORDER OF DEFAULT JUDGMENT</a>  </FONT> AGAINST DEFENDANT STATE BANK OF DAVIS which establishes that "<I>secured creditor</I>" State Bank of Davis was a Party to that 97-ED-1 Case, and was also Defaulted for failing to appear in that State Court action.  That action confirmed the Winnebago County Recorder's Office Title Records which establish that Clarence had NO ownership interest in the "<I>Farm Property</I>" after September 2, 1983.</div> <bR> <div>      The documents attached to each MOTION TO DISMISS established the claims of Daniel M. Donahue and Thomas J. Lester, as stated in the Adversary Complaint, to be misrepresentations of the Winnebago County Recorder's Office Records.  Judge Barbosa had reason to know that those October 27, 1998 State Court Orders, to which the State Bank of Davis was a party, confirmed the Winnebago County Recorder's Office Title Records establishing title to the "<I>Farm Property</I>" to be in Thousand Hills Trust with Harriet P. Vance as Trustee.  Nevertheless, Bankruptcy Judge Barbosa denied each MOTION TO DISMISS, during a hearing conducted on June 9, 1999, and in so doing stated as follows:</div> <bR> <div>      "<I>The motion filed by Mr. Vance purports to be based on Federal Rules of Civil Procedure 12(b)(6); that is, failure to state a claim upon which relief can be granted, yet the motion does not address any deficiencies in the Complaint, nor allege the legal insufficiencies of any count; but rather, the motion addresses the merits of legal issues which have been previously addressed or foreclosed by previous rulings.</I></div> <bR> <div> <I>     Mrs. Vance's motion does not indicate any particular provision under which it is brought and fails to point out any pleading deficiencies as well.  It consists essentially of two allegations:  1, that Mr. Vance has no ownership of the subject property; and 2, that the eminent domain action previously concluded forecloses any interest by the State Bank of Davis or the trustee in the subject property.  </I><I><B>The mere allegation of legal conclusions unsupported by the record or otherwise are insufficient to support a Motion to Dismiss</B></I><I>.   For these reasons the Motion to Dismiss brought both by Ms. Harriet Vance and Clarence Vance will be dismissed at this time.</I> </div> <bR> <div> <FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" > </FONT>     "<I>T</I><I><B>he trustee, in his response, has requested that the Court impose at this time either sanctions or limits in further pleadings by the defendants.  Although the Court has imposed those limitations on other proceedings with respect to this matter,</B></I><I> I think in order to move forward, what I will do at this time is order the defendants to file an Answer within 14 days so that the matter can be set for hearing.  As a matter of fact, I will give this a hearing date at this time and ask that Answers be filed within 14 days if any Answers will be filed.  I will direct that no other pleadings be filed, since </I><I><B>I note that the arguments that the debtors have been making with respect to all related matters</B></I><I><B> </B></I><I><B>seem to be incorporated in almost every pleading that has been filed</B></I>."<I>  </I>(Emphasis added)<FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/brtrnsct.pdf" target="new">(See Transcript</a>  </FONT>, pages 4, 5). </div> <bR> <div> <FONT SIZE="4" COLOR="#BF0000" FACE="Times New Roman" ><B>NOTE:</B></FONT><FONT SIZE="4" COLOR="#000000" FACE="Times New Roman" >    </FONT> The Bankruptcy Court Record in Adversary Case 99-A-5023 establishes that each MOTION TO DISMISS was the <B>VERY FIRST</B> pleading filed by any of the named as Defendants in that Adversary Case.  Clarence's Bankruptcy Court Records also establish that Clarence was the <B>ONLY</B> Debtor in Case 97-B-50687 and in Adversary Case 99-A-5023.  Those Records further establish that, after June 9, 1999, Judge Barbosa required the "<I>defendants</I>" to file a Motion asking for leave to file any pleading.  Those Records also establish that Judge Barbosa denied virtually every such request.  It appears that<FONT SIZE="4" COLOR="#000000" FACE="Times New Roman" > </FONT>Judge Barbosa, whether by intent or by inadvertence, was advancing the ongoing scheme of <I><B>"trying to obtain title to (the farm) property" </B></I><I>"under color of official right" </I>of the United States Bankruptcy Court in Rockford, Illinois.</div> <bR> <div>      Judge Barbosa signed an  <a href="http://www.wellsofjustice.org/pdf/b1124rdr.pdf" target="new">Order</a>  on November 24, 1999, "<I>Prepared by:  Daniel M. Donahue</I>", which states that:  " . . . <I>the Court hereby finds:  . . . </I></div> <bR> <div> <I>9. </I><I> </I><I>The undivided one-half interest of Clarence L. Vance in certain real property</I><I> located in the Village of Pecatonica, County of Winnebago, State of Illinois, and commonly known as 15858 Brick School Road, . . . </I><I>is property of the estate</I><I>.  . . . </I></div> <bR> <div> <I>10. A partition of the estate's and the co-owner's one-half interest in the Farm Property would not be practicable under the circumstances and a sale of the undivided one-half interest would diminish the recovery by the estate. </I></div> <bR> <div> <I><B>WHEREFORE</B></I><I>, this Court orders that:  . . .</I></div> <bR> <div> <I>1.  The Defendants are defaulted.  . . . </I></div> <bR> <div> <I>3.  The Trustee is authorized to sell the Farm Property, free and clear of liens pursuant to 11 U.S.C. 363, with one-half of the net proceeds of the sale payable to the estate and the other one-half of the net proceeds payable to Harriett P. Vance. </I></div> <bR> <div> <I>5. The Defendants are hereby required to execute all documents necessary to vest title to the Farm Property in the name of the Trustee or his assignee, as this Court may direct."</I></div> <bR> <div> <B>NOTE:</B><FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" >     Judge Barbosa, again, signed a "Default Order" to avoid the necessity of addressing the issues, this time in the 99-A-5023 Case;</FONT></div> <bR> <div>      Judge Barbosa, at the time of signing that Order on November 24, 1999, had reason to know that: </div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">The Defendants were defaulted for failure to file pleadings because Judge Barbosa had denied virtually every request for leave to file pleadings, as he had previously required;</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">Clarence's Bankruptcy Estate had NO "<I>u</I><I>nsecured creditors whom the Trustee represents</I>" (11 U.S.C. 704 Notes of Committee on the Judiciary, Senate Report No. 95-989) to benefit from the proceeds from such a sale;</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">The Public Title Records, confirmed by the State Court Orders entered in Case 97-ED-1 on October 27, 1998, establish both that Clarence had NO title interest in the "<I>Farm Property</I>" after September 2, 1983, and that Harriet P. Vance, as an individual, had NO title interest in the "<I>Farm Property</I>" after October 22, 1993;</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">Harriet P. Vance, as an individual, and Clarence, both confirmed by those State Court Orders as being non-owners, had <B>NO</B> lawful capacity to "<I>execute (any) document necessary to vest title to the Farm Property in the name of the Trustee or his assignee</I>".</div> <bR> <div> <FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" > </FONT>    Both the Public Title Records and Clarence's Bankruptcy Court Records establish that neither Harriet, as an individual, nor Clarence ever signed such a document.  Those same Records also establish that Harriet P. Vance as Trustee of Thousand Hills Trust <B>NEVER</B> signed such a document.</div> <bR> <div>      Nevertheless, Bankruptcy Trustee Thomas J. Lester filed a  <a href="http://www.wellsofjustice.org/pdf/mtea.pdf" target="new">MOTION TO EMPLOY AUCTIONEER</a>  , on May 11, 2000, and in that Motion asked Judge Barbosa "<I>for entry of an Order approving the employment of Swan Hackmeister and Hack's Auction and Realty Service, Inc. as Auctioneers for the Estate</I>" of Clarence Vance, which had <B>NO</B> creditors to benefit from the sale of any property.  In that Motion, Thomas J. Lester also stated that:</div> <bR> <div> "<I>4.  Swan </I><I>Hackmeister has examined the Subject Property and appraised its value between $475,000.00 and $500,000.00, and has proposed dividing the Subject Property into three separate parcels in order to obtain the maximum price for the Subject Property</I>."</div> <bR> <div>      Nevertheless, Judge Barbosa, having reason to know that Clarence had NO title interest in the "<I>Farm Property</I>" after September 2, 1983, granted that Motion by signing an  <a href="http://www.wellsofjustice.org/pdf/b65rdr.pdf" target="new">Order</a>  , dated June 5, 2000, and "<I><B>ORDERED</B></I><I> that the employment of Swan Hackmeister and Hack's Auction and Realty Service, Inc. is approved to appraise, advertise and sell by auction . . . </I><I><B>the Debtor's property </B></I><I>located at 15858 Brick School Road, Pecatonica, Illinois,</I> . . .".  (Emphasis added)</div> <bR> <div>      Bankruptcy Trustee Thomas J. Lester, also having reason to know that Clarence had NO title interest in the "<I>Farm Property</I>" after September 2, 1983, addressed a  <a href="http://www.wellsofjustice.org/pdf/bltr.pdf" target="new">letter</a>  , dated June 6, 2000, to the Thousand Hills Trust Tenant, Jim Blunt, and asked him to disclose "<I>what type of agreement you have with </I><I><B>Mr. Vance</B></I>." (Emphasis added)</div> <bR> <div>      Shortly thereafter, Security Union Title Insurance Company issued a "<I>COMMITMENT FOR TITLE INSURANCE</I>" for each of the "<I>three separate parcels</I>" "<I>proposed</I>" by "<I>Swan Hackmeister</I>", each such Commitment bearing "<I>Effective Date:  June 23, 2000</I>", and respectively bearing "<I>Our No. 70115</I>" pertaining to "<I>Parcel I</I>", "<I>Our No. 70116</I>" pertaining to "<I>Parcel II</I>", and "<I>Our No. 69587</I>" pertaining to "<I>Parcel III</I>".  <a href="http://www.wellsofjustice.org/pdf/cf623ti.pdf" target="new">(See Commitment to "Parcel III")</a>  Each of those Title Commitments was "<I>Prepared For:  HINSHAW AND CULBERTSON ATTN: ATTORNEY M. SPRINGER</I>" and states as follows:</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">In "<I>SCHEDULE A"  . . .</I>  "<I>4.  Title to the fee simple estate or interest in said land is at the effective date hereof vested in:  THOMAS LESTER, TRUSTEE IN BANKRUPTCY FOR CLARENCE L. VANCE, BANKRUPT</I>";  . . .</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">In "<I>SCHEDULE B -SECTION 1</I>" requires  "<I>2.  Instruments in insurable form which must be executed, delivered and duly filed for record:</I></div> <bR> <div> <I>a.   Trustee's Deed from THOMAS LESTER, TRUSTEE IN BANKRUPTCY FOR CLARENCE L. VANCE, BANKRUPT conveying fee simple title to PURCHASER TO BE NAMED</I>."</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">In "<I>SCHEDULE B -SECTION 2</I>" acknowledged:  "<I>c. 1.  . . . </I><I> New Property Code:  Part of 09-09-300-007, </I><I>Old P</I><I>roperty Code:  Part of </I><I><B>441-501A</B></I> . . . <I>lot Dimensions </I><I><B>178.62 Acres</B></I><I>. .</I>"</div> <bR> <div> <FONT SIZE="4" COLOR="#BF0000" FACE="Times New Roman" ><B>NOTE:    </B></FONT> Prior to the October 27, 1998 entry of those State Court Orders, various Winnebago County Records identified the “<I>Farm Property</I>” as "<I>Tax Parcel Number 441-501</I>"<FONT SIZE="4" COLOR="#000000" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/fjo.pdf" target="new">(See FINAL JUDGMENT ORDER)</a>  </FONT>, page "6 of 8").  After the entry of those Orders and the filing of the ORDER VESTING TITLE, on November 6, 1998, "<I>Tax Parcel Number 441-501</I>", consisting of 181.4 acres, became "<I>Tax Parcel Number 441-501A</I>" consisting of "178.618 AC."  <FONT SIZE="4" COLOR="#000000" FACE="Times New Roman" > <a href="http://www.wellsofjustice.org/pdf/ovt.pdf" target="new">(See ORDER VESTING TITLE</a>  </FONT>, page "7 of 9").  Each of those Orders confirmed the Public Title Records establishing that the sole and lawful owner of the "<I>Farm Property</I>" was Thousand Hills Trust with Harriet P. Vance as Trustee since October 22, 1993.  Those same Records also establish that title in the "<I>Farm Property</I>" has <B>NEVER</B> been vested solely in Clarence L. Vance and that Clarence had absolutely <B>NO </B>title interest in the "<I>Farm Property</I>" after September 2, 1983.  As a consequence, title was <B>NOT</B>, and could <B>NOT</B> have been, lawfully vested in "<I>THOMAS LESTER, TRUSTEE IN BANKRUPTCY FOR CLARENCE L. VANCE, BANKRUPT</I>" in the year 2000.</div> <bR> <div>      In or about the year 1999 or 2000, the Winnebago County Recorder's Office started using a different numbering system to identify properties.  That Office started using Property Identification Numbers (PIN) instead of the former Tax Parcel Numbers referenced on documents as "pt".  As a consequence, PIN "<I>09-09-300-007</I>" and "<I>T</I><I>ax Parcel Number </I>(pt)<I> </I><I>441-501A</I>" both reference the same “<I>Farm Property</I>” consisting of "<I>178.618 AC.</I>".</div> <bR> <div>      Furthermore, each "<I>June 23, 2000</I>" Security Union Title Commitment acknowledged the “<I>Farm Property</I>” as being "<I>Part of 441-501A</I><I>, . . . lot Dimensions</I><FONT SIZE="4" COLOR="#000000" FACE="Times New Roman" ><I> </I></FONT><I>178.62 Acres</I>", but failed to acknowledge the Thousand Hills Trust sole title interest in that property as previously confirmed by the entry of the October 27, 1988 State Court ORDER VESTING TITLE, which was the reason for that "<I>New Property Code</I>".</div> <bR> <div>       Prior to issuing each such Commitment, Security Union Title Insurance Company had reason to know that its' claim that title in the "<I>Farm property</I>" "<I>is vested in:  THOMAS LESTER, TRUSTEE IN BANKRUPTCY FOR CLARENCE L. VANCE, BANKRUPT</I>" is contrary to:</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">The<FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/wtyd.pdf" target="new">WARRANTY DEED IN TRUST</a>  </FONT>, filed in the Winnebago County Recorder's Office as Document No. 9528856 on July 26, 1995, that establishes "<I>THOUSAND HILLS TRUST NO l</I>" with "<I>HARRIET P. VANCE, TRUSTEE</I>" as the lawful owner of Record of the "<I>Farm Property</I>" since October 22, 1993; </div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">The October 27, 1998  <a href="http://www.wellsofjustice.org/pdf/ovt.pdf" target="new">ORDER VESTING TITLE</a>  , filed with the Winnebago County Recorder's Office as Document No. 9870197 on November 6, 1998, confirming that the title interest in the  "REMAINING  178.618 AC." of the "<I>Farm Property</I>" was solely in "THOUSAND HILLS TRUST NO.1";</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">The November 24, 1999  <a href="http://www.wellsofjustice.org/pdf/b1124rdr.pdf" target="new">Order</a>  signed by Judge Barbosa alleging "<I>The undivided one-half interest of Clarence L. Vance in certain real property</I>", which is also contrary to the Public Title Records confirmed by those State Court Orders;</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">The Public Title Records and Clarence's Bankruptcy Case Records, each of which establish that <B>NO</B> "<I>documents necessary to vest title to the Farm Property in the name of the Trustee or his assignee"</I> were ever executed as per the  <a href="http://www.wellsofjustice.org/pdf/b1124rdr.pdf" target="new">Order</a>  signed by Judge Barbosa on November 24, 1999.</div> <bR> <div> <I>   </I>  Nevertheless, Bankruptcy Trustee Thomas J. Lester<I> </I>together with Swan Hachmeister and Greg Hachmeister of Hack's Auction and Realty Service, Inc. at Pecatonica, Illinois, conducted a "<I>Sale</I>" of the "<I>Farm Property</I>", on July 20, 2000, as so "<I>authorized</I>" by Judge Barbosa.</div> <bR> <div>      Each person attending that "<I>Sale</I>" received a written  <a href="http://www.wellsofjustice.org/pdf/notice.pdf" target="new">NOTICE</a>  , signed and distributed by "<I>A beneficiary of Thousand Hills Trust</I>", advising each of them that they were participating in an "<I>unlawful and criminal</I>" activity.</div> <bR> <div>      The results of that "<I>Sale</I>", according to page "<I>2</I>" of Thomas Lester's Report of Sale, which he filed on July 27, 2000, were as follows:</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">"<I>Parcel I, consisting of 76.9 acres </I>(more or less)<I> of bare land . . . was purchased by McAviation Corporation for $1,550.00 per acre for an estimated purchase price of $119,195.00 and $11,900.00 was paid by the purchaser as earnest money.  A copy of the Contract is attached and incorporated as Exhibit "1"</I>  (Exhibit "1":  <a href="http://www.wellsofjustice.org/pdf/ros.pdf" target="new">REPORT OF SALE</a>  ;   page 4 of 21 - page 9 of 21). </div> <bR> <div> <I><IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">Parcel II, consisting of 24.5 acres (more or less) of land with woods . . . was purchased by Alan F. Miller for $2,825.00 per acre for an estimated purchase price of $69,212.50 and $6,900.00 was paid by the purchaser as earnest money.</I><I>  </I><I>A copy of the Contract is attached and incorporated as Exhibit "2"</I>  (Exhibit "2":   <a href="http://www.wellsofjustice.org/pdf/ros.pdf" target="new">REPORT OF SALE</a>  ;  page 10 of 21 - page 15 of 21). </div> <bR> <div> <I><IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">Parcel III, consisting of 80 acres (more or less) and the homesite and other out buildings, was purchased by McAviation Corporation for $1,750.00 per acre for an estimated purchase price of $140,000.00 and $14,000.00 was paid by the purchaser as earnest money</I><I>.  A copy of the Contract is attached and incorporated as Exhibit "3" ."</I>  (Exhibit "3":   <a href="http://www.wellsofjustice.org/pdf/ros.pdf" target="new">REPORT OF SALE</a>  ; page 16 of 21 - page 21 of 21).</div> <bR> <div>      Judge Barbosa signed an  <a href="http://www.wellsofjustice.org/pdf/oars.pdf" target="new">ORDER APPROVING REPORT OF SALE</a>  on August 16, 2000, even though he had reason to know that Clarence had NO title interest in the "<I>Farm Property</I>" after September 2, 1983 and that Clarence's Bankruptcy Estate had NO unsecured creditors to benefit from that "Sale".</div> <bR> <div>      "Harriet P. Vance, Trustee", attempted to file a MOTION TO VACATE ORDER APPROVING SALE together with a REQUEST FOR LEAVE TO FILE that Motion on August 25, 2000.  Attached to that Motion was a copy of each<I> </I><FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" > <a href="http://www.wellsofjustice.org/pdf/deeds.pdf" target="new">(Deed)</a>  </FONT>filed with the Winnebago County Recorder's Office on March 26, 1997, establishing that Clarence had NO title interest in the "<I>Farm Property</I>" after September 2, 1983, a copy of the first page of the <FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" > <a href="http://www.wellsofjustice.org/pdf/tht.pdf" target="new">Thousand HillsTrust</a>  </FONT>Agreement, and a copy of the  <a href="http://www.wellsofjustice.org/pdf/fjo.pdf" target="new">(FINAL JUDGMENT ORDER</a>  which confirmed all title transfers then recorded with the Winnebago County Recorder.  The Bankrutpcy Court Record establishes a copy of that Motion was served on "Purchasers" Alan F. Miller and McAviation President Joe McGuire.  Consequently, prior to the closing date, each such "Purchaser" had reason to know that they could not obtain a valid title to the "<I>Farm Property</I>" from Bankrtuptcy Trustee Thomas Lester.</div> <bR> <div> <FONT SIZE="4" COLOR="#BF0000" FACE="Times New Roman" ><B>NOTE:</B> </FONT><FONT SIZE="4" COLOR="#000000" FACE="Times New Roman" >   </FONT> Harriet says, and the Bankruptcy Record confirms, that she served a copy of that MOTION TO VACATE ORDER APPROVING SALE, with a copy of those Title documents attached,  upon "Purchaser" Joseph A. McGuire, President of McAviation Corporation, and "Purchaser" Alan Miller.  Irregardless of the documentary evidence in their respective possession, that they could not obtain a clear and lawful Title to any portion of the "<I>Farm Property</I>" from the Trustee of the Bankruptcy Estate of Clarence L. Vance, they "closed" on September 26, 2000.</div> <bR> <div>      Judge Barbosa again denied"Harriet P. Vance, Trustee" access to his court when, on August 30, 2000, he signed an  <a href="http://www.wellsofjustice.org/pdf/b830rdr.pdf" target="new">Order</a>  and therein denied "Harriet P. Vance, Trustee" leave to file her "pleading captioned 'Motion to Vacate Order Approving Sale.' "</div> <bR> <div>      Shortly thereafter, Security Union Title Insurance Company issued a new "<I>COMMITMENT FOR TITLE INSURANCE</I>" for each of the "<I>three separate parcels</I>", each bearing "<I>Effective Date:  August 24, 2000</I>", and respectively bearing "<I>Our No. 70115</I>" pertaining to "<I>Parcel I</I>", "<I>Our No. 70116</I>" pertaining to "<I>Parcel II</I>", and "<I>Our No. 69587</I>" pertaining to "<I>Parcel III</I>".   <a href="http://www.wellsofjustice.org/pdf/cf824ti.pdf" target="new">(See Commitment to "Parcel III")</a>   Each of those Title Commitments was "<I>Prepared For: </I><I> </I>(Hinshaw and Culbertson)<I> ATTORNEY MICHELLE SPRINGER"</I>, and stated, again, as follows:</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">In "<I>SCHEDULE A"  . . .</I>  "<I>4.  Title to the fee simple estate or interest in said land is at the effective date hereof vested in:  THOMAS LESTER, TRUSTEE IN BANKRUPTCY FOR CLARENCE L. VANCE, BANKRUPT</I>";  . . .</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">In "<I>SCHEDULE B -SECTION 1</I>" requires  "<I>2. Instruments in insurable form which must be executed, delivered and duly filed for record:</I></div> <bR> <div> <I>a.   Trustee's Deed from THOMAS LESTER, TRUSTEE IN BANKRUPTCY FOR CLARENCE L. VANCE, BANKRUPT conveying fee simple title to PURCHASER TO BE NAMED</I>."</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">In "<I>SCHEDULE B -SECTION 2</I>", again acknowledged:  "c. 1.  . . <I> New Property Code:  Part of 09-09-300-007, Old Property Code:  Part of </I><I><B>441-501A</B></I> . . . <I>lot Dimensions </I><I><B>178.62 Acres</B></I><I>. .</I>"</div> <bR> <div> <FONT SIZE="4" COLOR="#BF0000" FACE="Times New Roman" ><B>NOTE:    </B></FONT> Again, prior to the entry of those October 27, 1998 Orders, Winnebago County Records identified the “<I>Farm Property</I>” as "<I>Tax Parcel Number 441-501</I>"<FONT SIZE="4" COLOR="#000000" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/fjo.pdf" target="new">(See FINAL JUDGMENT ORDER</a>  </FONT>, page "6 of 8").  After the entry of those Orders and the filing of the ORDER VESTING TITLE, on November 6, 1998, "<I>Tax Parcel Number 441-501</I>", consisting of 181.4 acres, became "<I>Tax Parcel Number 441-501A</I>" consisting of "178.618 AC."<FONT SIZE="4" COLOR="#000000" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/ovt.pdf" target="new">(See ORDER VESTING TITLE</a>  </FONT>, page "7 of 9").  Each of those State Court Orders confirmed the Public Title Records which establish that the title interest in the "<I>Farm Property</I>" was lawfully vested solely in Thousand Hills Trust with Harriet P. Vance as Trustee since October 22, 1993, and that title in the "<I>Farm Property</I>" has <B>NEVER</B> been vested solely in Clarence L. Vance and that Clarence had <B>NO </B>title interest in the "<I>Farm Property</I>" after September 2, 1983.  Consequently, title was <B>NOT</B>, and could <B>NOT</B> have been, lawfully vested in "<I>THOMAS LESTER, TRUSTEE IN BANKRUPTCY FOR CLARENCE L. VANCE, BANKRUPT</I>" in the year 2000.</div> <bR> <div>     Each "<I>August 24, 2000</I>"<FONT SIZE="4" COLOR="#000000" FACE="Times New Roman" > </FONT>Security Union Title Commitment acknowledged, again, the “<I>Farm Property</I>” as being "<I>Part of </I><I>441-501A</I>, . . . <I>lot Dimensions </I><I>178.62 Acres</I>", but failed to acknowledge the Thousand Hills Trust sole title interest in that property as validated by the entry of those October 27, 1998 State Court Orders.</div> <bR> <div>      Thereafter, "<I>THOMAS J. LESTER, Trustee of the Bankruptcy Estate of Clarence L. Vance, Case No. 97 B 50687</I>" issued a "<I>TRUSTEE'S DEED</I>", dated September 26, 2000, to the "<I>Purchaser</I>" of each of the "<I>three separate parcels</I>", as follows:</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">A " <a href="http://www.wellsofjustice.org/pdf/td1.pdf" target="new">"TRUSTEE'S DEED"</a>  , pertaining to "<I>Parcel I</I>" was issued to "<I>Purchaser, MCAVIATION CORP.</I>" in the sum of "<I>($113,280.20)</I>", marked "<I>TUA</I> (Agent Title Underwriters Agency, in Rockford, Illinois)<I> 70115</I>" and filed in the Winnebago County Recorder's Office as Document No. 0048837 on September 28, 2000, as a "<I>BRK</I> (Break of) <I>pt 441-501A   09-09-300-007</I>".  According to the  <a href="http://www.wellsofjustice.org/pdf/pttf1.pdf" target="new">PROPERTY TAX TRANSFER FORM"</a>  , signed by "MCAVIATION CORP." local attorney David L. Davitt, "<I>Parcel I</I>" was identified as "<I>Parcel identifying number Pt. 09-09-300-004</I>", consisting of  "<I>73.084A</I>(cres)", and was "<I>Purchased</I>" in "<I>consideration</I>" of "<I>113,281</I>" dollars;</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">A " <a href="http://www.wellsofjustice.org/pdf/td2.pdf" target="new">"TRUSTEE'S DEED"</a>  , pertaining to "<I>Parcel II</I>" was issued to "<I>Purchaser, ALAN F. MILLER</I>" in the sum of "<I>($68,452.58)</I>", marked "<I>TUA</I> <I>70116</I>" and filed in the Winnebago County Recorder's Office as Document No. 0048836 on September 28, 2000, as a "<I>BRK</I>  <I>pt 441-501A   09-09-300-007</I>".  According to the  <a href="http://www.wellsofjustice.org/pdf/pttf2.pdf" target="new">PROPERTY TAX TRANSFER FORM"</a>  , signed by Alan F. Miller, "<I>Parcel II</I>" was identified as "<I>Parcel identifying number Pt. 09-09-300-004</I>", consisting of  "<I>24</I><I>.</I><I>231A</I>(cres)" and was "<I>Purchased</I>" in "<I>consideration</I>" of "<I>68,453</I>" dollars;</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">A " <a href="http://www.wellsofjustice.org/pdf/td3.pdf" target="new">"TRUSTEE'S DEED"</a>  , pertaining to "<I>Parcel III</I>" was issued to "<I>Purchaser,</I><I> MCAVIATION CORP.</I>" in the sum of "<I>($138,509.00)</I>", marked "<I>TUA</I> 69587" and filed in the Winnebago County Recorder's Office as Document No. 0048838 on September 28, 2000, as a "<I>BRK</I>  <I>pt 441-501A   09-09-300-007</I>".  According to the  <a href="http://www.wellsofjustice.org/pdf/pttf3.pdf" target="new">PROPERTY TAX TRANSFER FORM"</a>  , signed by "MCAVIATION CORP." local attorney David L. Davitt, "<I>Parcel III</I>" was identified as "<I>Parcel identifying number Pt. 09-09-300-004</I>", consisting of  "<I>79.148A</I>(cres)" and was "<I>Purchased</I>" in "<I>consideration</I>" of "<I>138,509</I>" dollars.</div> <bR> <div>       Thomas J. Lester, even though he had reason to know that Harriet Vance, as an individual, had NO title interest in the "Farm Property" since October 22, 1993, attempted to serve "<I>Ms. Harriet Vance</I>", "<I>VIA PROCESS SERVER</I>", with a  <a href="http://www.wellsofjustice.org/pdf/l003ltr.pdf" target="new">letter</a>  , dated October 3, 2000, together with proceeds from "<I>the sales of the parcels of real estate . . . concluded September 26, 2000.  . . .  One check is in the amount of $63,944.54, one check is in the amount of $52,474.13, and the third check is in the amount of $30,647.05. </I><I> For your recorrds, I have also enclosed </I><I>copies of the Closing Statements from each transaction</I>." in "<I>Case No.</I><I><B> 98 A 5060</B></I>" (Emphasis added).</div> <bR> <div> <FONT SIZE="4" COLOR="#BF0000" FACE="Times New Roman" ><B>NOTE: </B></FONT><FONT SIZE="4" COLOR="#000000" FACE="Times New Roman" >  </FONT>  As indicated by signatory Thomas J. Lester, the October 3, 2000 letter pertains to "<I>the sales of the parcels of real estate</I>" in "<I><B>Case No. 98 A 5060</B></I>".  That Case did <B>NOT</B> pertain to the "<I>Farm Property</I>" and, furthermore, did <B>NOT</B> name either Harriet P. Vance, individually, or Harriet P. Vance as Trustee of Thousand Hills Trust as a Party in that Case.  "<I>Harriet Vance</I>" says she refused to accept those checks because:</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b70118ff000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">No one owed her any money;</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b70118ff000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">As an individual, she did not own any real estate and, consequently, she was not entitled to receive any proceeds from the sale of any real estate;</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b70118ff000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">As an individual, she had NOT owned the property she was living on since October 22, 1993, as was confirmed by those October 27, 1998 State Court Orders.  Consequently, she had NO lawful authority either to sell that property or to authorize it to be sold in the year 2000, and had no lawful entitlement to any funds from any sale of that property;</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b70118ff000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">As the Trustee of Thousand Hills Trust, she knew that Thousand Hills Trust had neither sold the property she lived on, and was in charge of, nor had any sale of that property been authorized by Thousand Hills Trust.</div> <bR> <div>      Judge Barbosa signed a  <a href="http://www.wellsofjustice.org/pdf/cordr.pdf" target="new">"COMPROMISE ORDER"</a>  on October 11, 2000, and approved a "<I>Compromise</I>" negotiated solely between Bankruptcy Trustee Thomas J. Lester and Janet D. Fuenty, the attorney for Jim Blunt - the non-debtor Tenant of non-debtor Thousand Hills Trust.  That "Compromise Order" "<I>rejected</I>" the  <a href="http://www.wellsofjustice.org/pdf/lease.pdf" target="new">"Lease"</a>  between NON-DEBTORS Thousand Hills Trust and Jim Blunt.  According to that "<I>Compromise</I>", Jim Blunt was to pay one-half of his fall rent, due solely to Thousand Hills Trust, to Thomas J. Lester, the Trustee of Clarence's Bankruptcy Estate, which had NO creditors "<I>Whom the trustee represents</I>" to benefit from that rent, and to pay the other one-half of his fall rent to "<I>Harriet Vance</I>", as an individual.  "<I>Harriet Vance</I>", being a non-owner of the<FONT SIZE="4" COLOR="#003300" FACE="Times New Roman" > "<I>Farm Property</I>" and being a non-party to the Thousand Hills Trust "<I>Lease</I>" with Jim Blunt,</FONT> refused to accept that check.</div> <bR> <div> <FONT SIZE="4" COLOR="#BF0000" FACE="Times New Roman" ><B>NOTE:     </B></FONT>Attorney Janet D. Fuenty later stated in a related matter that Landlord "<I>Harriet P. Vance, Trustee of the</I> <I>Thousand Hills Trust</I><I> was not entitled to participate in the negotiations with the bankruptcy trustee</I>" pertaining to the Thousand Hills Trust "<I>Lease</I>" with Jim Blunt, Janet Fuenty's client.</div> <bR> <div>      Clarence says that Thomas J. Lester, in the presence of Judge Barbosa, tried to serve those three (3) checks made payable to "<I>Harriet Vance</I>", from "<I>the sales of the parcels of real estate . . . concluded September 26, 2000</I>", on him at the close of that October 11, 2000 hearing.  Clarence says that he immediately refused to accept those checks and told Thomas Lester AND Judge Barbosa that he is not a party to that matter, that he is not going to get involved in that matter, and that they would have to take their problem up with her.  Clarence says that Judge Barbosa, in the presence of witnesses, sat there and looked at him for a moment and then stated:  "<I>We had to try</I>."  Clarence also says that Thomas J. Lester, after the close of that hearing and in the presence of witnesses, tried again to get him to take those checks and stated: "<I>We're trying to do you a favor</I>".  Clarence also says that he attempted to obtain a copy of the transcript of that hearing but was unsuccessful.</div> <bR> <div>      Judge Barbosa, at the request of Thomas J. Lester, signed an  <a href="http://www.wellsofjustice.org/pdf/dfrdr.pdf" target="new">Order</a>  , dated January 22, 2001, and thereby "<I>ORDERED</I>" that "<I>the Trustee shall tender the following checks, payable to Harriet Vance, to the Clerk of the Bankruptcy Court for deposit</I>", which "<I>Harriet Vance</I>" refused to accept.</div> <bR> <div>      Bankruptcy Trustee Thomas J. Lester<FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" > </FONT>filed his Trustee's Final Report in Clarence's Bankruptcy Case (97-B-50687) on November 7, 2001, and, on page three (3) of that  <a href="http://www.wellsofjustice.org/pdf/tfr.pdf" target="new">Report</a>  , stated that  "<I>The Debtor listed real estate located at 15858 Brick School Road, Pecatonica, Illinois (hereinafter "Subject Property") as an asset in his schedules.</I>"  Contrariwise, the  <a href="http://www.wellsofjustice.org/pdf/scda.pdf" target="new">SCHEDULE A-REAL ESTATE</a>  , which Clarence filed on March 25, 1997, establishes that claim to be a misrepresentation of the facts of Record.</div> <bR> <div> <FONT SIZE="4" COLOR="#BF0000" FACE="Times New Roman" ><B>NOTE:</B></FONT>     Adversary Case 99-A-5023 remains open even though there has been no activity since Thomas J. Lester filed his Trustee's Final Report on November 7, 2001.  It appears that the Case has not been, or can not be, closed because "<I>Harriet Vance</I>", confirmed to being a non-owner by those October 27, 1998 State Court Orders, continues to refuse to accept money to which she is not lawfully entitled.</div> <bR> <div> Other aspects of Adversary Case 99-A-5023 will be addressed in Part II when posted.</div> <bR> </td> </tr></table></body>