The following was filed with the Clerk of the Bankruptcy Court on October 27, 1999.

A courtesy copy was delivered to Judge Jack B. Schmetterer's office and given to his secretary on October 27, 1999.

A copy of the following was mailed to U.S. Attorney Scott Lassar on October 27, 1999, and a copy sent to the Criminal Investigation Division, Internal Revenue Service.

In re:                             Bankruptcy No. 93-07643

Eugene Walter Alpern               Chapter 11

                                   Judge Jack B. Schmetterer

     Upon the filing of a Petition in Bankruptcy, all of EUGENE ALPERN's ("EUGENE") property was immediately placed under the care, custody, control and supervision of the Bankruptcy court.

     The purported Bankruptcy trustee, Lawrence Fisher ("Fisher"), of the law firm of Gardner Carton & Douglas, has a fiduciary duty to the estate and to the court. Fisher became responsible for all of EUGENE's property held by the Bankruptcy Court.

     Fisher is responsible for the safekeeping of all property in EUGENE's estate. He had the duty to make a complete detailed inventory of all property and to present the written detailed inventory to the court. Fisher had the duty to make a written detailed inventory of all property, if any, that he placed in storage. Supreme Storage and Moving, Inc., the firm at which Fisher alleges that he placed some of EUGENE's personal property, has reported to EUGENE's attorney that they have no inventory of the property, only an allegation of a certain number of crates of property. What is in those crates only Fisher knows. Do they contain EUGENE's personal property? And if so, what specific personal property do they contain?

     The record shows that Fisher took personal property of EUGENE's estate, which was to be held in safekeeping by the Bankruptcy Court, to his home, and converted such property to his own.

     Fisher acknowledge to the Court that he had removed certain assets from the corpus of the estate and taken them to his home with no prior approval of the Court and of no ratification by the court. It was only after EUGENE raised a question as to the whereabouts of certain estate property did Fisher acknowledge that the items were in his home. Nothing in the record showed that Eugene was divested of his property rights as to any of his personal property.

     The record fails to show of any vesting of such property rights in Fisher.

     This court should presume that all of EUGENE's personal property in his estate not in the crates stored at Supreme Storage and Moving, Inc. has been taken by Fisher and that Fisher has converted all such estate property to his own use. Such conversion is unlawful and Fisher has engaged in fraud upon the court, fraud upon the estate, mail fraud, and EUGENE suggests that Fisher has engaged in a criminal act.

     This Court is requested to take Judicial Notice that the conversion of Bankruptcy estate property to the Trustee's personal use is a Federal Crime. [18 U.S.C. 654 and other applicable statutes]

     Fisher has entangled the U.S. Trustee by his knowingly mishandling estate assets placed in his trust.

                            Respectfully submitted,
 

                            ______________________
                            Eugene Alpern
 

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

Copyright© 1999 by Citizens for Legal Responsibility®.
                    All rights reserved.

     email: clr@clr.org

Posted October 27, 1999