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

          NOW COMES EUGENE W. ALPERN ("EUGENE") and moves this Court to remove LAWRENCE FISHER ("FISHER") as the purported trustee.

    1.    This case was converted to a Chapter 11 case on October 12, 1993, and is still a chapter 11 case, under the laws of the United States. Contrary to the U.S. Supreme Court decision in Toibb v. Radloff, 501 U.S. 157, 111 S.Ct. 2197 (1991) where it was ruled that a person can elect Chapter 11, the attorneys for the creditors cited court decisions that had been overruled by the Supreme Court in Toibb and had, contrary to law, deprived EUGENE of his legal and Constitutional Rights. The Court denied EUGENE of his legal right to a chapter 11 proceeding.

          Since a void order is void even before reversal, Vallely v. Northern Fire & Marine Ins. Co., 254 U.S. 348, 41 S.Ct. 116 (1920), the purported order appointing FISHER as trustee in a Chapter 11 proceeding is of no legal force or effect.

   2.     FISHER paid a bribe of at least $6,700. to Judge James and Judge James accepted the bribe(s). (See letter to Judge Schmetterer, dated November 8, 1999, and filed in with this court.

    3.    FISHER removed EUGENE's estate property to his home and converted said property to his own. FISHER had admitted in court that he had taken some of EUGENE's personal property to his home.

    4.    FISHER has never provided to EUGENE, to this Court, or to Supreme Storage and Moving Co., Inc. a full, complete and detailed inventory of EUGENE's personal property stored at Supreme Storage. EUGENE suggests that the failure of FISHER in providing a full, complete and detailed inventory to the court was to coverup his conversion of EUGENE's property to his own.

    5.    It is the duty of a trustee, and it is the duty of this Court, to safeguard the property of an estate for the court. FISHER has used his position as trustee to defraud the estate, and to convert estate property to his own.

    6.    The U.S. Supreme Court has held that it is the duty of the trustee to maximize the value of the estate. Toibb, supra. In the current situation, FISHER has not maximized the value of the assets of the estate but has converted estate property to his personal use. FISHER has engaged in acts in violation of the Supreme Law of the Land.

    7.     The conversion of EUGENE's personal property to FISHER is an action in violation of the Illinois Criminal Code, in the Financial Exploitation of the Elderly, 720 ILCS 5/16-1.3.

    8.    A trustee who is engaged in criminal activity must be removed.

          WHEREFORE, EUGENE ALPERN prays that this Honorable Court will immediately remove Lawrence FISHER as trustee in this action.

                                Respectfully submitted,
 

                                ______________________
                                Eugene Alpern

Eugene Alpern
P.O. Box 672
Morton Grove, IL 60053-0672

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