On November 15, 1999 Judge Schmetterer ordered that a copy of this filed document be delivered to the trustee in question, Lawrence Fisher, and to the Assistant U.S. Trustee, Dean C. Harvalis.
In re: Bankruptcy No. 93-07643
Eugene Walter Alpern Chapter 11
Judge Jack B. Schmetterer
PETITION FOR COMPLETE, DETAILED
ACCOUNTING OF ESTATE PROPERTY
NOW COMES the Debtor, EUGENE ALPERN ("EUGENE"), and moves this court to order Lawrence Fisher to provide to this Court a full, complete, and detailed accounting of all estate property.
1. A full, complete, and detailed accounting of all estate property under the care, custody, control, and supervision of the Bankruptcy Court was never provided to this court or to EUGENE at any time.
Lawrence Fisher ("FISHER"), of the lawfirm of Gardner Carton & Douglas, under his purported authority as Trustee, alleges that he has stored some of EUGENE's personal property with Supreme Storage and Moving Co., Inc. ("SUPREME"). FISHER has never provided to SUPREME, to EUGENE, or to this Court a full, complete, and detailed inventory of EUGENE's personal property that he alleges he stored at SUPREME.
SUPREME has informed EUGENE's attorney that they do not have an inventory of the items stored by FISHER at SUPREME.
SUPREME cannot provide EUGENE with any assurance that any of the property stored by FISHER at SUPREME is actually the property of EUGENE. Nor can they provide any assurance that any of the property stored by FISHER at SUPREME does not belong to a third party.
FISHER has previously informed this Court that he had taken some of EUGENE's personal property to his home. FISHER has never provided a full, complete, and detailed inventory of the items that he took to his home.
FISHER had never been given any authority by this Court or any Court to take any of EUGENE's personal property to his home, prior to the time that FISHER took any of EUGENE's personal property to his home.
By FISHER taking EUGENE's property to his home, it must be presumed that FISHER had engaged in, or intended to engage in, the conversion of EUGENE's personal property to his own.
1 . This Court should presume that all of EUGENE's personal property taken by this Court from EUGENE's residence and not stored at SUPREME has been converted by FISHER to his own.
A Bankruptcy Trustee has a fiduciary duty to protect the assets of an estate, and not to steal from that estate.
A Bankruptcy Trustee has a duty to the Court to maximize the value of an estate, Toibb v. Radloff, 501 U.S. 157, 111 S.Ct. 2197 (1991), and not to convert estate property to his own.
As FISHER had previously engaged in bribing Judge Thomas James, Judge James allowed FISHER to take any action that FISHER wanted to take, and did not supervise FISHER. (See letter to Judge Schmetterer, dated November 8, 1999 and filed in this Court, for some details of the bribe).
EUGENE suggests, that having taken a bribe from FISHER, Judge James may also have converted some of EUGENE's personal property to his own?
EUGENE suggests that without a full, complete and detailed accounting of EUGENE's personal property, there is no way to establish that Judge James did not participate in conversion of any of EUGENE's personal property to Judge James.
CONCLUSION
EUGENE ALPERN prays that this Court order that:
A. all of the estate property be restored to the same position and to the same location as before it was unlawfully seized,
B. a full and complete detailed accounting of all estate property wherever located be made and submitted to this Court, and to EUGENE,
C. an accounting be made by Fisher for the value of all property seized but not restored, and
D. a statement from Fisher for his legal work performed on behalf of Judge Thomas James be submitted to this Court and to EUGENE.
Respectfully submitted,
______________________
Eugene Alpern
Eugene Alpern
P.O. Box 672
Morton Grove, IL 60053-0672
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