The last real contest was heard in the Bankruptcy Court at Tampa,
Florida,Thursday, April 24, 2008. There were nine [9] people from
Fairwind Lakes Park, eight [8] lawyers, and a couple of legal
assistants. Karl Thomas, Art Gulvin and Bill Martin were also in
attendance.
There were numerous preliminary motions to address along with the main
issue of confirming the Settlement Plan. Martin had placed another
large brief of argument before the Court and here is how it all went.
The initial motion was for Martins attorney to withdraw from the case.
Martin argued that the Court should not allow his attorney to
withdraw. Buddy Ford, Martin’s attorney argued irreconcilable
differences. Martin’s argument fell short and the Court allowed Ford
to withdraw. Martin’s Motion was denied. Martin is without a lawyer
once again.
Martin then argued a Motion to compel Buddy Ford to file a new re-
organization plan. The Court stated that a new plan was not gong to be
allowed this late in the game and accepted the existing plan that
Martin had already signed. Martin’s Motion was Denied.
Martin then brought a Motion that the Court appointed Continuing Care
Inc., Bankruptcy Trustee be sanctioned for interfering with a
Christian 501-c-3 entity. Evidence showed that the Trustee had done no
such thing. The Court appointed Trustee stated that he had not and
would not do such a thing. On a question by the Court Martin could not
“remember” where his own web site was located. Martin’s Motion was
Denied.
Martin submitted a Motion that the Judge recluse himself. The grounds
were that the Judge held a clear religious bias. Martin was asked a
lot of questions by the judge himself. At one point Martin offered
that “his” religion was operating in co-operation with another church.
When the Judge told Martin he, the Judge, was on the Board of the
other Church, Martin looked like lightning had just struck him. Martin
then went on a rant about how the Pope had endorsed his cause etc.,
the Court interrupted him … cited some case law against Martin’s
argument. Martin’s Motion was Denied.
Martin then argued a Motion to allow a re-organization of the
settlement plan. Martin said that he did not know what he was signing
when he signed the original papers. Martin went on to say that
accepting his signature in such conditions was against the Freedom of
Religion Act and against several Constitutional Amendments. Then
martin wanted all the Terms of the settlement changed in his favor.
Martin’s Motion was Denied.
Marti went on to argue another Motion that the Court appoint special
[free] counsel for all the people that he owed money to called insider
debtors .. ie: his Board of Directors and others who at one time were
involved with him or loaned him money. The Court stated that they were
not inclined to do that at this late date in the proceedings. Martin’s
Motion was Denied.
Martins next Motion was for the Court to Order that attorney Ford be
required to act for Bill in any remaining adversial proceedings should
they be remanded back to the State Courts for further adjudication.
Martin’s Motion was Denied.
Then the Court went on to the main matter, the Confirmation of the
Bankruptcy Plan. At one point Martin accused his original attorneys of
lying to him in that they were the ones who told him that the Court
was bias against his religion. With that, the original attorney who
was present in the Court room, took the unheard of opportunity and
lifted his Solicitor-Client privilege with the Courts permission. The
Court was informed of what was really said between the two. The Court
accepted the attorney’s version of the matter. The working Plan was
confirmed and the whole proceeding is just about over. The Court then
went over all Continuing Care Inc. and Natura’s considerable number of
procedural objections and a host of further requests, then one by one
overruled them all. Martin’s Motion was Denied.
The Plan was and is now Confirmed. The Plan has been ongoing for some
time already and will expire on at 5:00 p.m. on Wednesday, April 30,
2008. If there has been no independent purchase resolution by that
time submitted in cash to the Court appointed Trustee [Just under
three [3] million dollars, then all of the property in dispute will
automatically and finally revert back to the current owners of record,
Karl Thomas and The Gulvin family.
The next hearing is set for May 19, 2008 when the attorneys will
present their Billings for Court approval.
Michael T.
www.Fairwindlakes.com