Repossession of Property by Roger Elvick  - Nov 25, 2002

Kingswood Hospital

     Keeping in mind that the stock holding ownership of Kingswood Hospital is the personal property of J* J* etc.; the same is exempt from levy, thus the foreclosure operation is a closing of account prior to subsequent creditor claims of outstanding balance(s) still due and owing by the debtor.  It must be understood that a Foreclosure order is a prior event, whereby; a subsequent a claim from an OPEN credit account is, in fact, a contempt of court claim, because it fails to recognize the Fore CLOSURE as a pre-paid exchange.  Foreclosure is simply a recognition of closure of a prior (priority) event where the absence of money or other money substitute is agreed (in the negative) and thereby brought into evidence by “agreement” of the parties in interest.  This condition is known as “exchange”.  Exchange meaning the “change” is gone; like Ex-wife or Ex-husband etc. (It was “but” is not now!)  The claim of a creditor is an “inter-office” claim between custodians of the same principle in account of one part (or unit) occurring to the other part in exchange (in the absence of).  This is the identification of an accrual that “was” but is not now.  (Thus Ex-officiao!) (Public Policy-Grace)!
     Since the principal (straw man), who is identified thus far, in this matter, by both the creditor claim and the debtor acceptance thereof; the same are matching funds, (One positive number and the other negative to render the account –0- balance), thus the principal owner is eligible to request this adjustment and recovery of his/her personal property and any breach of agreement/contract, (which is what Federal Courts have jurisdiction over – ONLY BREACH) thus reorganization of the debtor-in-possession is bankruptcy, and the administrative procedures therewith, to enforce liquidation of creditors held property (personal property) and taken into the debtors possession; the debtor reserving the right/rite to reject any and all bids while the COURT MARSHALL liquidates the personal property, held by the creditor, and return the same to the debtor in possession and leaving the public bids in the reserve account of the debtor with the subject-matter of that same said reserve delivered into the possession of the debtor-in-possession (The J* J* Business organization etc.).
     The foregoing explanation of creditor debtor relationship suggests the method(s) that need to be applied for an owner to recover personal property taken by unjust stewards by using an ACCEPTANCE of a creditor’s claim by a debtor/owner, to bind the creditor (strong man) and proceed to liquidate the property (equity) held by the creditor and deliver the property into the possession of the debtor.  The creditor (unjust steward) has only an equitable claim in the instant case, and due to the “Clean Hands Doctrine” has authorized discovery of personal property owned and controlled by the delinquent creditor (accuser).  The delinquent creditor cannot have and equitable claim while an unsettled claim against him exists; due to the clean hands doctrine.  Thus the debtor is in possession of the title to the claimed property.  (The actual possession might be in possession of the unjust Stewart/creditor but under the conditions the property is held as contraband – because the account is then a delinquent tax due to the state having to match the Certificate of Origin of the Principle with the actual Subject Matter their warrant identifies in evidence – as a matter of fact – not an assumption). (Assumption is used in the absence of FACT!).  The acceptance of the offer displaces assumption as a matter of fact.
     Since the forgoing dialogue shows the equity in an account is pre-cluded by acceptance of the prior identification of credit, and matching property, warranted by expenditure principal from a credit account, the equity accrues to the principal (debtor-in-possession) which is a tax return of interest back to its principal.  (The delinquent creditor must produce the voucher /check to bond/guarantee any personal injury, which occurs to due to creditor’s commercial activities in the local community).  This must be done to prove his claim IN FACT a presumption does not prove the claim “in fact”.  There must be agreement by both parties IN FACT, therefore the offer and acceptance have mutual agreement “in fact”.  But since items refer to written and oral agreements, the actual property may not have been delivered as agreed and the creditor is delinquent by deceptive trade practices or otherwise and is breach of agreement, thereby surrendering all rights to any equity in the property, and since the credit used to obtain the said property the matter accrues to the debtor/owner by rules of equity which are Public Policy from which the creditor surrendered forfeits the account and property acquired by virtue of the clean hands doctrine.
     By observing the forgoing conclusions it is obvious the creditors and the creditors’ attorneys are in possession of personal property belonging to J* J* et al of like mind, Thus J* and company must make of formal request for release and return of their property due to the said conditions and the rules of equity said therewith above.  Failure of the creditors and creditors’ attorneys to comply with this request thereby authorized discovery of all personal property owned or controlled by them, their families, associates, or others working in agreement that have obtained unjust enrichments due to personal business relationship and discovery of these personal assets are authorized by refusal or failure of the creditor/attorneys to make complete settlement as requested.
     When it becomes apparent that the creditor/attorney refuses/fails to comply to the request, it is suggested they be given this notice by an appointed COURT MARSHAL or US Marshal Service (USM-285 FORM) that instruct the Marshal to take into his custody (with a writ of assistance where needed) all the personal property held in the creditor/attorney’s possession as said above, and that the Marshal is to liquidate all the debtors property into the creditors possession by taking bids with debtor reserving the right/rite to reject any and all bids and the Marshal is to charge his fees and costs to the creditor account. (A copy of a creditor claim should be attached to the USM-285 Form as an Exhibit of the agreement with the creditors –sending the Marshal to enforce the request for settlement.
The Marshal will also be requested to deliver the property into the possession of the debtor/owner with the appropriate papers of ownership and possession released to the owner etc.
     Statutory claims are not withstanding, unless; the debtor chooses to use UCC-10-104 or other section of Article 10.
At this writing it appears that section 1126(b) of the Chapter 11 Reorganization in Bankruptcy Code be used as a preliminary request for settlement with intent to file the Chapter 11 Reorganization should the request for the preliminary settlement and liquidation by the Court Marshal as said before.  It seems like the actual filing of the bankruptcy petition itself is unlikely when the liquidation is placed with the Court Marshall in the preliminary liquidation action (debtor-in-possession) as taken as said above.  (The Marshal is authorized to take, as you give instructions on the USM-285 FORM).
     Since there is/was filed by others who moved against the J* property the 1126(b) would be eligible pursuant to the case number given (which admits the written agreement), thus the liquidation of the creditor’s claim is eligible within Chapter 11 preliminary of 1126(b).  The case number can be used on the USM-285 Marshal Form to put the Marshal in action.
     In the initial request for settlement, one might request the assessment or assessments and for them to prove the collateral assessment(s) please provide the voucher/check to prove the claim “IN FACT”.  Otherwise this omission authorizes discovery of all personal property in possession or control of the creditor/attorney and the liquidation process as said above.
     Remember, it is a felony to charge a claim without and assessment and to assume an assessment is the practice of law in the local community without a license (due to the failure to register via the VOUCHER/CHECK)
     By using the preliminary action 1126(b) one might be able to isolate each creditor without having to disclose property description held by other creditors since the deployment of the court marshal described above only deals with the single creditors.  The use of the collective committees after filing of a single petition is absolutely insane as that is a good example of Mob-Rule which actually destroys the business and property thereof by rendering it a remedy impossible to redeem the debt.  Thus the alternative to request the settlement with each creditor described above with 1126(b) enables the set-off to occur in the individual settlement whereas collectively there is very little chance of agreement due to the diversity of business interests.