In re:                                                                                             Bankruptcy No. 93-07643

Eugene Walter Alpern                                                               Chapter 11

                                                                                                     Judge Thomas James
 

                I, William Eng, declare as follows:

        1.        I was a visitor to the court hearing on January , 1996 in the above titled cause, held before Judge James, of the United States Bankruptcy Court, Northern District of Illinois, Eastern Division.

        2.        I am not a party to this case, nor am I a relative to any party in this matter, nor an employer of any party, nor an employee of any party to this case.

        3.        Relative to this case, I am a detached and reasonable observer of the actions in that court of that date.

        4.        In the foregoing hearing, I observed the proceedings among the debtor, Mr. Eugene Alpern, the opposing attorneys, Ms. Linda A. Green and Mr. Lawrence Fisher, and Judge James.

        5.        During the proceedings I observed distinct behavioral changes of Judge James against Alpern. Most courtesies extended to the Trustee were not extended to Alpern. Judge James allowed the testimony of Alpern to continue in Alpern's favor until the point in time when I, the observer, saw that the testimony was weighing heavily in Alpern's favor. Judge James then decided to end the discourse, thereby imposing restraint on Alpern in furthering of testimony. Mr. Alpern is not a legal professional and represents himself in this case; as such he should be allowed any and all options to further his arguments, most of which were denied him by Judge James.

        6.        It is my opinion that the machinations by Judge James has prevented Alpern from obtaining a fair and equitable defense of his positions. As to whether or not it is Judge James conscious efforts to abet attorneys Green's and Fisher's motives to hide the truths in this case, I cannot say. What I can say, without doubt, is that Judge James's actions appeared to restrain and constrict Alpern's viable attempts in representing himself. It appeared to me that Alpern's rights to a fair hearing had been denied to him. It appeared that Judge James was partial against Alpern.

        7.        If called as a witness, I could competently testify to the foregoing.

        FURTHER, DECLARANT SAYETH NAUGHT.
 

                                                                                        ________________________
                                                                                        William Eng
 

        I declare under penalty of perjury that the foregoing is true and correct, to the best of my information and belief.
 

Dated: April 3, 1996.
 

                                                                                    ________________________
                                                                                    William Eng

William Eng
P.O.Box 805020
Chicago, IL 60680-4111

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