Mr. Alpern believes that Judge Schmetterer ordered the Federal Marshalls to be present, to intimidate Mr. Alpern.  Federal Marshalls do not stay for court hearings unless the Judge orders them to be present.

3

4     In re:                                                             )
                                                                            )           No. 93 B 7643
5     EUGENE WALTER ALPERN,                )            Chicago, Illinois
                                                                           )             January 5, 2000
6                                         Debtor.                   )             10:30 a.m.

7

8                                              TRANSCRIPT OF PROCEEDINGS

10
            APPEARANCES:
11
            MS. LINDA GREEN
12       on behalf of Lawrence Fisher, trustee;

13
            MR. DEAN HARVALIS
14       on behalf of the United States Trustee.

15

16         ALSO PRESENT:

17         EUGENE WALTER ALPERN.

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25
 

2 MS. GREEN: Good morning, Judge. Linda Green

3 on behalf of Lawrence Fisher, trustee.

4 MR. ALPERN: Good morning, your Honor.

5 Eugene Alpern.

6 THE COURT: Good morning, sir.

7 MR. HARVALIS: Good morning, Judge. Dean

8 Harvalis for the United States Trustee.

9 THE COURT: Good morning.

10 Is Mr. Fisher here?

11 MS. GREEN: Mr. Fisher is out of town today,

12 Judge, in connection with a family medical

13 emergency.

14 THE COURT: Okay.

15 Mr. Alpern, I can use a little

16 testimony from you. Will you please raise your

17 right hand and be sworn, please.

18 (Witness sworn.)

19 THE COURT: Mr. Alpern, you are the debtor,

20 Eugene Alpern?

21 MR. ALPERN: Yes.

22 THE COURT: There are two subjects I want to

23 ask you about so I can be clear. The first is the

24 silver set.

25 MR. ALPERN: Yes.
 

2 personally removed a silver set from your home; is

3 that right?

4 MR. ALPERN: Originally, yes.

5 THE COURT: And he says he returned it to you

6 at some point. Did he return it to you?

7 MR. ALPERN: After I brought it up in court

8 asking where the silver set was, he then admitted

9 that he had taken it to his home.

10 THE COURT: Would you please answer my

11 question.

12 MR. ALPERN: And then he returned it only

13 upon court order.

14 THE COURT: Okay. So he did return it to

15 you?

16 MR. ALPERN: Yes.

17 THE COURT: And what year was it he returned

18 it to you?

19 MR. ALPERN: I'd have to guess, your Honor.

20 THE COURT: Well, this is the year 2000. Was

21 it --

22 MR. ALPERN: I realize that.

23 THE COURT: -- the year 1999 or 1998 or

24 what?

25 MR. ALPERN: It was probably, to the best of
 

2 THE COURT: All right. Fine.

3 The second question I want to ask you

4 about is what you call a bribe of Judge James.

5 You've accused Mr. Fisher of bribing Judge James.

6 Did that relate in some way to a mandamus that you

7 filed?

8 MR. ALPERN: Your Honor, I would like to

9 answer it this way.

10 THE COURT: Did you file -- sir, let's --

11 MR. ALPERN: I filed a mandamus, yes.

12 THE COURT: You filed a mandamus.

13 MR. ALPERN: Right.

14 THE COURT: Did Mr. Fisher supply services to

15 oppose the mandamus?

16 MR. ALPERN: He appeared, filed an appearance

17 against it, yes.

18 THE COURT: Yes. And then as part of his

19 request for compensation from the estate, did he

20 include those services as what he wanted

21 compensated?

22 MR. ALPERN: To the best of my knowledge,

23 yes.

24 THE COURT: Okay. And Judge James approved

25 payment of that; is that right?
 

2 my knowledge.

3 THE COURT: Now, is that payment that Judge

4 James approved what you call the bribe of Judge

5 James?

6 MR. ALPERN: Your Honor, I took that to

7 several attorneys and showed it to them.

8 THE COURT: Well, is that the --

9 MR. ALPERN: They said that that was a bribe.

10 THE COURT: All right. But this --

11 MR. ALPERN: That he obtained personal

12 services, Judge James obtained personal services and

13 charged the estate for it --

14 THE COURT: Sir --

15 MR. ALPERN: -- or had the estate charged for

16 it.

17 THE COURT: So that's the circumstance that

18 you believe comprised the bribe; is that correct?

19 MR. ALPERN: The only one that I am currently

20 knowledgeable of. There may have been others, but

21 not that I'm familiar with.

22 THE COURT: Your comment that there may have

23 been others is stricken as unsupported.

24 MR. ALPERN: Well, it's unsupported, but I

25 can't say there wasn't.
 

2 what some people told you to stand not for the truth

3 of what they may have told you, but only for

4 demonstration of what you personally understood.

5 Now, do you wish to ask him any

6 questions on these two subjects, these two very

7 narrow subjects?

8 MS. GREEN: No, Judge. I believe everything

9 we have --

10 THE COURT: Do you wish to ask him any

11 questions on these two very narrow subjects?

12 MR. HARVALIS: I do not. I was going to

13 interpose an objection as to hearsay, your Honor,

14 but I understand your Honor's comments, and that's

15 fine.

16 THE COURT: All right.

17 That completes your service as a

18 witness, sir.

19 MR. ALPERN: Thank you, your Honor.

20 THE COURT: Well, is there anything else you

21 wanted to tell me about the silver, sir? I should

22 have given you that opportunity.

23 MR. ALPERN: If you had asked me prior to

24 today, I would have thought about it. At the

25 moment, I do not know, but there are a lot of other
 

2 has never shown up anywhere.

3 THE COURT: Sir, is there anything more you

4 want to tell me about the bribe other than what

5 you've already told me in writing and today?

6 MR. ALPERN: Your Honor, the record I think

7 is sufficient. The record of the case is sufficient

8 to show what is there.

9 THE COURT: Thank you, sir. Therefore, you

10 are formally excused as a witness, so, of course,

11 you are a litigant.

12 MR. ALPERN: Thank you.

13 (Witness excused.)

14 THE COURT: I have no other questions.

15 MR. ALPERN: Well, I'd like to --

16 THE COURT: And I have --

17 MR. ALPERN: Can I make --

18 THE COURT: -- read the -- let me tell you

19 what I have read just so everybody understands.

20 I've read the various filings, including those

21 letters that Mr. Alpern has sent out. They're not

22 pleadings, but they are letters which I guess he's

23 filed with the clerk and sent out to me and

24 everybody else. And then I have read his pleadings,

25 the formal motions and requests for relief, and then
 

2 Mr. Alpern's reply. I have also read the docket of

3 this case. And that, together with what I have just

4 heard, is sufficient for me to pass on the pending

5 motions, and I am prepared to close this hearing and

6 rule by mail.

7 Does anybody have anything to say?

8 MS. GREEN: Nothing, Judge.

9 THE COURT: Sir, do you have anything to

10 say?

11 MR. ALPERN: I would like to for...

12 THE COURT: You don't need to repeat what you

13 put in writing, sir.

14 MR. ALPERN: That's right. I guess you would

15 call it housekeeping. One, I noticed that before I

16 came in, two federal marshals came in the room,

17 asked the clerk about me, and they are here. I

18 don't know why the judge or the trustee thought I

19 was going to be violent or do anything, but I want

20 the record to show that there are two federal

21 marshals sitting in the room.

22 THE COURT: As far as I'm concerned

23 personally, sir, you have never indicated any

24 evidence of violence.

25 MR. ALPERN: Thank you.
 

2 in this record demonstrates or shows any act of

3 violence.

4 MR. ALPERN: The other thing was --

5 MR. HARVALIS: Excuse me, your Honor. I

6 don't mean to interrupt, but there is something in

7 the pleadings that does refer to that.

8 THE COURT: Are you talking about something

9 that happened at his home?

10 MR. HARVALIS: Yes. Yes, your Honor.

11 THE COURT: Nothing has indicated any act of

12 violence in this court.

13 MR. ALPERN: Your Honor, since he brought --

14 THE COURT: Proceed, sir. I'm not going to

15 go into that --

16 MR. ALPERN: Okay.

17 THE COURT: -- any further.

18 MR. ALPERN: You asked for an affidavit of

19 service upon Mr. Fisher and Mr. Harvalis. Here is

20 the affidavit. I'll present you with a courtesy

21 copy.

22 (Document tendered.)

23 MR. ALPERN: I'm presenting Mr. Harvalis with

24 a copy and presenting Ms. Green, on behalf of Mr.

25 Fisher, a copy.
 

2 MR. ALPERN: Pardon?

3 THE COURT: Anything else?

4 MR. ALPERN: Nothing else, your Honor.

5 THE COURT: Anything, Mr. Harvalis?

6 MR. HARVALIS: I do want to point out a

7 couple things in the materials, Judge, and then I'm

8 prepared to let --

9 THE COURT: Which materials?

10 MR. HARVALIS: This is in Mr. Fisher's

11 response.

12 THE COURT: I've read it.

13 MR. HARVALIS: I understand. I'd like to

14 point out a couple things --

15 MR. ALPERN: Your Honor --

16 MR. HARVALIS: -- for the record, Judge.

17 MR. ALPERN: -- I want to --

18 THE COURT: That will only promote

19 unnecessary argument. If I've read it and it's all

20 there already and you're not adding anything, why

21 should we prolong this hearing?

22 MR. HARVALIS: I don't believe we should

23 prolong it. It will take about two minutes, Judge.

24 MR. ALPERN: Your Honor, I would object. I

25 want the record to show that I object.
 

2 MR. ALPERN: The fact that first we have to

3 determine, or the Court has to determine that the

4 record of the case of 91 D 5122 shows that there was

5 jurisdiction in that case. Two, this case must show

6 it.

7 THE COURT: Sir, that was the divorce, wasn't

8 it?

9 MR. ALPERN: Pardon?

10 THE COURT: That was the divorce case?

11 MR. ALPERN: A purported divorce, your Honor.

12 THE COURT: Yes, sir. Did you appeal from

13 the divorce?

14 MR. ALPERN: I did.

15 THE COURT: And the divorce decree was

16 affirmed, wasn't it?

17 MR. ALPERN: Your Honor, according to In re

18 Garcia of the Northern District Illinois Court, an

19 affirmation of a void order still leaves it void.

20 So, therefore --

21 THE COURT: I understand your argument.

22 MR. ALPERN: -- it's still --

23 THE COURT: I read your argument. But didn't

24 the Illinois Appellate Court affirm your divorce?

25 MR. ALPERN: They affirmed certain aspects of
 

2 determined --

3 THE COURT: I would --

4 MR. ALPERN: -- that divorce was --

5 THE COURT: -- urge you to read the Seventh

6 Circuit opinion which you have referred to --

7 MR. ALPERN: In re Garcia?

8 THE COURT: -- again, sir.

9 MR. ALPERN: I have it, your Honor.

10 THE COURT: Mr. Harvalis, very briefly, what

11 is it you want to point out?

12 MR. HARVALIS: Judge, two things. One, it

13 was noted -- this is on page 9 of the original

14 creditor's motion to convert this case when it was a

15 Chapter 11 and Chapter 7.

16 MR. ALPERN: May I ask you is that in the

17 response?

18 MR. HARVALIS: It's in Mr. Fisher's

19 response. I just want to make reference to Mr.

20 Alpern's --

21 MR. ALPERN: No. This is...

22 MS. GREEN: Page 9 of Exhibit --

23 MR. HARVALIS: Page 9 of the Exhibit A, which

24 is the creditor's motion to convert.

25 MR. ALPERN: And, again, I would like to say
 

2 meaningless piece of paper.

3 THE COURT: I understand your argument.

4 MR. HARVALIS: Judge, making reference to Mr.

5 Alpern's educational background, the record should

6 reflect, and I wish to underline --

7 THE COURT: What's on page 9?

8 MR. HARVALIS: Page 9, your Honor, of Exhibit

9 A.

10 THE COURT: Just a moment.

11 MR. HARVALIS: Right above the line which

12 says "argument." Right above where it says

13 "argument," your Honor.

14 THE COURT: So?

15 MR. HARVALIS: Mr. Alpern has a Master's

16 degree in educational chemistry, a Ph.D. in medicine

17 and chemistry.

18 THE COURT: So?

19 MR. HARVALIS: He's trained as a pharmacist.

20 He's obviously a very, very highly intelligent man,

21 Judge.

22 THE COURT: So?

23 MR. HARVALIS: And the other point I would

24 like to make, your Honor, he's been held in contempt

25 by my count by three different courts so far. I
 

2 necessitated to filing a response to this. It's

3 obvious to me it took a substantial amount of time

4 to do this. I see Mr. Alpern's pleading as nothing

5 but frivolous, your Honor. I feel sorry for the

6 gentleman. Perhaps he holds the beliefs that he has

7 in his pleading. I don't think we should waste any

8 more judicial time. I think we need to dispose of

9 this, your Honor.

10 THE COURT: Thank you.

11 MR. ALPERN: Your Honor?

12 THE COURT: Yes, Mr. Alpern?

13 MR. ALPERN: What is frivolous I believe is

14 Mr. Harvalis' current statement. Unless the Court

15 has jurisdiction, and it has never been shown that

16 it has jurisdiction, nor has it ever been shown that

17 the 91 D case had jurisdiction.

18 The second thing is there is an

19 automatic stay in effect, was in effect when they

20 filed their claims against the estate, which are

21 void from what I understand. The automatic stay has

22 never been lifted. Six judges have ruled, have

23 examined the record of the case, and cannot find

24 that the mandatory requirements of the Illinois

25 Supreme Court have ever been met.
 

2 aren't you?

3 MR. ALPERN: I am, your Honor.

4 THE COURT: I've read those in writing.

5 MR. ALPERN: Thank you, your Honor.

6 THE COURT: Is there anything else you want

7 to say?

8 MR. ALPERN: I will await your order. Can

9 you give me an idea of approximately when I can

10 receive it?

11 THE COURT: I'm not sure. Sir, I guess I

12 have one more final question for you. Do you have

13 any appeals pending today out of this bankruptcy?

14 MR. ALPERN: There is always an appeal to a

15 void order, your Honor.

16 THE COURT: Sir, have you any appeals pending

17 today in a higher court arising out of this

18 bankruptcy?

19 MR. ALPERN: Not directly.

20 THE COURT: Okay.

21 Is there anything you want to say?

22 MS. GREEN: No, Judge.

23 THE COURT: Thank you. This hearing is

24 closed.

25 Mr. Reporter, write up the transcript
 

2 rush.

3 Good morning.

4 MR. HARVALIS: Thank you.

5 MS. GREEN: Thank you, Judge.

6 THE COURT: I'll rule by mail.

7 MR. HARVALIS: Excuse me, your Honor. The

8 case was also up, I believe, for a general status.

9 THE COURT: When is that?

10 MR. HARVALIS: I believe we were up -- we

11 continued the status until today.

12 THE COURT: All right.

13 Counsel, when were you planning to

14 close this case, counsel for Mr. Fisher?

15 MS. GREEN: I believe that it's ready to be

16 closed and the final report --

17 THE COURT: Well, what's the next step?

18 MS. GREEN: If it hasn't been filed already,

19 I believe it's just the filing of this report. The

20 taxes, I believe, to the Illinois Department of

21 Revenue have --

22 THE COURT: Well, you're going to file a

23 report, and then there will be a final hearing

24 notice sent out to creditors?

25 MS. GREEN: That's right.
 

2 MS. GREEN: Yes.

3 THE COURT: So when will that be?

4 MS. GREEN: I can't say for sure that it

5 hasn't been filed.

6 MR. HARVALIS: Judge, I don't believe it's

7 been filed.

8 MS. GREEN: Okay.

9 MR. HARVALIS: I think at the last hearing

10 about 60 days ago Mr. Fisher indicated he was

11 waiting for some correspondence from the IRS on tax

12 returns.

13 THE COURT: Well, I'm going to set it out for

14 status about two months out so you folks will know

15 what that date is.

16 MR. HARVALIS: That's fine.

17 THE COURT: Give me a date for status, status

18 of closing Chapter 7 case. Give me a date, please.

19 THE CLERK: March 27th at 10:30.

20 THE COURT: 10:30.

21 I certainly expect to have a ruling out

22 on these motions by Mr. Alpern before then.

23 MS. GREEN: And subject to what the

24 correspondence is that Larry Fisher is waiting for,

25 we certainly would hope to have a final report on
 

2 THE COURT: Right. And then the clerk will

3 send out a notice to all creditors and the debtor.

4 MR. ALPERN: Please.

5 THE COURT: Well, the clerk is supposed to

6 send it to the debtor also. Notice of final

7 meeting --

8 MR. ALPERN: For the record, your Honor, I've

9 received nothing since 1996.

10 THE COURT: Well, there are certain limited

11 occasions when you're supposed to receive something,

12 and this will be one of them.

13 MS. GREEN: Well, for the record, Judge, we

14 did serve the response to P.O. Box 672, Morton

15 Grove, 60053.

16 THE COURT: Is that your address, sir?

17 MR. ALPERN: That is the same address it was

18 on January 5th.

19 THE COURT: Sir, was that the same address

20 that you gave the clerk when the bankruptcy was

21 filed?

22 MS. GREEN: No.

23 MR. ALPERN: No.

24 THE COURT: Well, do we have a change of

25 address form around here?
 

2 MR. ALPERN: It's on the Pacer sheet.

3 THE COURT: Sir.

4 What?

5 THE CLERK: It's on the 7th floor. There is

6 a change of address slip on the 7th floor.

7 THE COURT: Sir, just to be safe, on the 7th

8 floor in the clerk's office they can give you a form

9 for change of address.

10 MR. ALPERN: Your Honor, may I interject

11 before you go on?

12 THE COURT: Yes, sir.

13 MR. ALPERN: If you look on the Pacer sheets,

14 it shows that it has the current address.

15 THE COURT: So the clerk has got it already?

16 MR. ALPERN: He already has it back in '96.

17 THE COURT: That's fine. Good morning.

18 MR. ALPERN: If you wish, I can give you an

19 e-mail address, too.

20 THE COURT: No, sir. We have your box. If

21 the box is correct, that's good enough. That box

22 number was correct?

23 MR. ALPERN: 672 is correct.

24 THE COURT: I'll send you a copy of my

25 opinion. Everybody will get one. Good morning.
 

2 MS. GREEN: Thank you, Judge.

3                                     (Which were all the proceedings
                                         had in the above-entitled cause,
4                                      January 5, 2000.)

5     I, GARY SCHNEIDER, C.S.R., DO HEREBY
       CERTIFY THE FOREGOING IS A TRUE AND
6     ACCURATE TRANSCRIPT OF PROCEEDINGS
       HAD IN THE ABOVE-ENTITLED CAUSE.
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Posted January 20, 2000