Billy Martin was in self destruct mode again today, may 29, 2008.
The Banko Court had set another ½ hour hearing for Martin to argue
his feeling that his own company’s, that are the subject of the Banko
hearings, owed him a past salary. Billy was bent on collecting the
salary as administrative costs for all the time he has been required
to be in Court.
Present in Court were six [6] people from the Park, Bill Martin and
five [5] attorneys including the U.S. Trustee’s office.
But first Martin had another gaggle of motions to be dealt with by the
Court. For about the fifth or sixth time ole’ Billy Boi wanted to
admonish the Court for conducting themselves illegally. Billy then
launched into a tirade arguing that the Court had no right to appoint
a U.S. Trustee to his company’s. He again added that their is a buyer,
Metro Corp., and demanded that the Court allow CCI to sell the Thomas
and Gulvin land to Metro on terms that Billy demanded to be
acceptable. Showing unbelievable restraint, again the Court set next
Thursday, June 5, to listen to the already closed issue argument. As
the Court said “You want another day in Court, I will give you another
day in Court”. Without a doubt it will finally be the last hearing in
this matter.
Martin then gave his version of what he was owed by his own company’s,
and that the Court must award him. First he wanted $199,000 for past
wages prior to filing the Bankruptcy, then he wanted $199.00.96 for
all the time he had to spend in the Bankruptcy Court. That’s a
combined total of $398,000.96. The lawyer for the Trustee argued that
Martin was not owed even one penny and reviewed case law for the Court
as to why the amounts were not due and owing.
Everyone’s mouth was agape at Martins argument, First he said that all
the work he personally performed was both for Continuing Care Inc. and
for the Court proceedings. He stated that all his efforts were
valuable and necessary. Billy went on to tell the Court that the Judge
did not get his point and the citations proffered by the Trustee were
as much as garbage and of no importance. Further ole’ Billy boi stated
that he earned $250,000 per year at the time of his retirement in
1990, and then Martin changed it to 1985. [I believe that Billy told
the internet gallery that he was retiring last year, 2007!!!].
The Court then ruled on Martins wish list, with reasons …. Martin is
not entitled to his fees prior to the Bankruptcy as he listed himself
as a non-secured creditor of his own company’s at the time of filing
the case. The Company was at all times then and is now broke. It was
noted that Martin had not actually ever been paid anything in all the
time that Continuing Care Inc. has existed, that CCI did not own any
buildings, did not ever have any income, did not have any bank account
with anything over $200.00 in deposit, and therefore his claim to have
been of any value whatsoever to CCI over the last 8 years was not
supported. Martin was owed nothing. The Motion was denied.
Then the Judge ruled on Martins request to be paid $199,000.96 for all
the time and help that he has been to the Court in the last two years,
with reasons … The Court pointed out that it was Martin that filed the
case, was represented by professionals, and had been nothing more than
a person who shuffled through papers to show his Attorneys from time
to time. Further that Martin has been indulged for a year more than he
should have been given to come up with some thing to justify the
constant delays and excuse’s which had accomplished nothing but to
unnecessarily extend the string. It was adjudicated that Martin is
only an interested party at the end of the day in the Court
proceedings and ole’ Billy boi’s claimed work product of $199,000.96
during the Court proceedings was as worthless as his before the filing
in the Court proceedings claim. The Motion was denied.
Michael T.
www.Fairwindlakes.com