• Appellants Brief in Arden Van Upp and Sam Sloan vs David Bradlow (3/3)

    From samsloan@21:1/5 to All on Fri Jan 13 01:32:31 2017
    [continued from previous message]

    It is unusual for a private person to file for bankruptcy while having a net worth of more than $9 million. It can be seen that the attorneys involved decided to take advantage of this situation by converting these funds for their own personal use. That
    is how the law firm of Wendel, Rosen, Black & Dean LLP has been able to claim and have awarded to them and received more than one million dollars in legal fees without doing any legal work.
    In order to cover up and conceal the fact that Wendel, Rosen, Black & Dean LLP had more than one million dollars in legal fees awarded to them without doing any legal work at all, Wendel, Rosen, Black & Dean LLP had placed under seal all documents in
    opposition to them. Thus, anybody reading the PACER file can only see one side of the case. They can not see the declarations in opposition to them.
    Peter Hadiaris, a well known and well respected San Francisco lawyer, issued a scathing declaration in opposition to the motion by the Trustee and his counsel for fees and for the right to spend the debtors money in a suit against Samuel H. Sloan. Peter
    Hadiaris stated that the Trustee was a profligate spender who had squandered tens of thousands of dollars of Arden Van Upp's money for no good or valid reason. Hadiaris further stated that seeing what the Trustee had done with Van Upp's money, he would
    never hire this trustee in any case involving him and he would recommend to anybody else not to use this trustee in any case. He further stated that nothing that Sloan had said about the trustee was defamatory. Although Sloan had stated out of court that
    the trustee is homosexual, that is not defamatory in the San Francisco environment. Sloan has never met, seen nor spoken to David Bradlow. He was simply reporting that Arden Van Upp repeatedly states that Bradlow is homosexual.
    In response, the Bankruptcy judge sealed the opposition by Peter Hadiaris. As a result, this pleading by Peter Hadiaris cannot be found in the PACER file that is normally seen by other attorneys.
    Now that the bankruptcy case is terminated, Arden Van Upp is due a federal tax refund in the amount of $110,000 plus interest. Attorney Robert Cross is working on getting the money back. However, David Bradlow and his attorneys are opposed, claiming that
    the money is supposed to be their fees. This situation has been deadlocked for over three years.
    Sam Sloan is in San Francisco now and went to the Bankruptcy Court a few days ago at 450 Golden Gate Avenue on the 18th Floor to try to see if he could see the paper file in this case, as many documents that he remembers being filed cannot be seen on
    PACER. He was told by the clerk there that this is because many but not all documents have been sealed by the bankruptcy judge. He remembers several Notices of Appeal in pro per being filed by Arden Van Upp herself. Then the next day her lawyer at the
    time Iain MacDonald would move to dismiss the notice of appeal his own client had filed. See Document #378
    During this time Iain MacDonald was in conflict with his own client, Arden Van Upp. She wanted to get this case away from the bankruptcy judge, Judge Carlson, and get it back to Judge Montali, the judge who had handled the prior bankruptcy filed in 1992.
    Arden Van Upp said many times to Iain MacDonald “You're Fired”, Donald Trump style. Iain MacDonald simply ignored this and refused to be fired.
    The reason for this conflict was Arden Van Upp wanted to keep all three of her buildings. She did not want to sell anything. Iain MacDonald and Mitchell Hadler the attorney before him wanted her to sell one of her three buildings and use the proceeds of
    the sale to pay off her debt entirely and leave her free and clear. We agree that this would have been a good rational thing to do but Arden Van Upp did not want to do this.
    In response, the clerk in the bankruptcy court directed Sloan to Document 548. This is an order sealing almost all of the documents in the Bradlow vs. Sloan case. This explains why he never knew about this case because it was never served and now the
    file is sealed. He is demanding that the file be unsealed and that he be allowed to defend, respond and file a counterclaim.
    Arden Van Upp filed this bankruptcy case on July 10, 2009 because her three properties were about to be auctioned off on the steps of city hall. She hired as counsel Mitchell Hadler a lawyer she did not previously know but who had been recommended to her
    by a friend of Linda Catron. Mitchell Hadler is not licensed to practice law in California but is licensed in Minnesota.
    Mitchell Hadler believed she should sell one of the three buildings and use the proceeds to pay off the mortgage on all three. As the mortgage was for less than $3 million and any one of the three buildings was worth more than that, the sale of just one
    of the buildings would leave the other two free and clear.
    However, Arden Van upp did not want to sell and refused to sell. Undaunted, Mitchell Hadler listed one of them as the property to be sold. On the day when the building was to be sold, Arden Van Upp arrived in bankruptcy court with her two friends, Linda
    Catron and Dr. Ted Carroll, and a lawyer Thomas Swihart and they announced to the court that Mitchell Hadler was fired as her lawyer and Arden Van Upp was now represented by Thomas Swihart.
    Hearing this, the Bankruptcy judge canceled the sale of the building and appointed a trustee. This all happened on the same day. Appellants contend that the appointment of the trustee was illegal, null and void and without jurisdiction as Arden Van Upp
    had done nothing wrong and no party had moved for the appointment of the trustee.
    In spite of appearing in court before the bankruptcy judge and stating that he was representing Arden Van Upp and in spite of the fact that Arden Van Upp gave him $5,000 cash money in open court, Thomas Swihart never filed a Notice of Appearance in this
    case. He later told Sam Sloan that his only job had been to fire Mitchell Hadler and he had done that so he had no further involvement in this case.
    After the Trustee had been appointed, Sam Sloan hired Iain MacDonald to represent Arden Van Upp. Sam Sloan believes that Iain MacDonald had originally been found by Patty Barnes, but Sam Sloan was the one who actually hired him. Iain MacDonald states
    that Sam Sloan paid him $15,000 as a retainer fee but Sloan's recollection is that he paid MacDonald $20,000. See Document #125.
    During the initial period after Sloan hired him, Iain MacDonald was doing a good job fighting contentious battles against Wendel, Rosen, Black & Dean LLP, counsel for the trustee.
    However, not long thereafter, Iain MacDonald called Sloan to state that the money he had paid him as a retainer fee had been used up and he needed another $20,000 to continue the case.
    Sloan replied that he had thought that the $15,000 or $20,000 he had paid him would be enough to carry him through to the end of this case and he simply did not have any more money to expend on this case.
    After that, Iain MacDonald was less than zealous in representing Arden Van Upp, to put it mildly. He often seemed to be going against her.
    In the end, the PACER files show that Iain MacDonald received more than $100,000 representing Arden Van Upp. Most of this money came from the sale of the Bourn Mansion for $2.79 million, plus he received her $75,000 Homestead Exemption as his fee.
    Realizing that the judge was against her, Arden Van Upp went to extreme lengths to try to get rid of Judge Carlson and force him off this case. She filed 13 notices of appeals many of which do not appear on PACER and she made numerous motions to Withdraw
    the Reference and to disqualify Judge Carlson.
    All of these notices, motions and appeals were ignored by Judge Carlson and he just proceeded as though nothing had happened or been filed. It is HORNBOOK Law that once a notice of appeal has been filed the action stops in the lower court and moves to
    the appellate court. However, here Judge Carlson just ignored this rule and proceeded as though nothing had been filed.
    Judge Carlson just deemed everything the attorneys Wendel, Rosen, Black & Dean LLP, said in unsworn statements to be true. No fact hearing was ever held in this case. There was no testimony of witnesses. No verified declarations of witnesses nor
    affidavits were filed in this entire case.
    Iain MacDonald as counsel for Arden Van Upp made a dozen motions to dismiss this case, starting in November 2009. In one instance the bankruptcy judge denied the motion to dismiss and sold the Webster Street house on the same day. All motions to dismiss
    were opposed by counsel for the Trustee. Counsel for the Trustee wanted to keep this case going for as long as possible so they could collect more fees.
    Even after all the buildings had been sold or refinanced and there was no debt left, counsel for the Trustee moved to convert the case to a Chapter 7 and just so they could sell the two remaining buildings and use the proceeds of the sale which would be
    about $6 million to sue Sam Sloan.
    The Trustee spent huge amounts of the debtors money in wasteful and inappropriate ways. He ordered 24 hour security guards 7 days a week to stand in front of the Webster Street building just to keep Arden Van Upp out of the house even though she still
    owned the house.
    Another series of incidents involved Jeffrey Petrizze. Jeffrey Petrizze was a mentally ill schizophrenic man who often drew crazy pictures and text on boards and slipped them under the gate at 2550 Webster Street. We had no idea who was doing this until
    Arden Van Upp caught him doing it. Arden Van Upp called the police and had him arrested.
    However, the judge ordered him released almost immediately on the ground that he was crazy. Then, Jeffrey Petrizze came back to the house almost immediately. This process was repeated again and again.
    Jeffrey Petrizze had the ability to scale the walls at 2550 Webster Street. He could walk around the ledges and get in through the back. He could even climb around the sides, come through the windows and get on the roof.
    As long as the judges kept letting him out of jail, there was no way to stop this. Enclosed is a picture of the Bourn Mansion to illustrate the problem. Because of the many handholds and ledges along the sides, any person with athletic ability and brave
    enough will be able to scale the walls. Sloan's own late daughter Jessica when she was a teenager used to climb the walls and get inside any time she wanted.
    Jeffrey Portize did this in other homes as well. One family in Marin County went away for the Summer. When they came home they found Jeffrey Petrizze sitting in their living room casually watching TV. Jeffrey Petrizze invited them to sit down and watch
    TV with him.
    Apparently the judges in Marin County viewed this more seriously and Jeffrey Petrizze was held in jail for some time. When he got out he came back to San Francisco where the judges are more tolerant of crazy people.
    When Osama “Sam” bin Freij was sent to the Bourn Mansion by the Trustee to change all the locks on the doors, he found only Jeffrey Petrizze inside the building. Thinking that Jeffrey Petrizze was a tenant and not realizing that he had just broken
    into the house, Osama “Sam” bin Freij gave Jeffrey Petrizze the new key to the doors. As a result, Arden Van Upp did not have a key to her own house. Sloan did not have a key either. Only Jeffrey Petrizze had a key.
    It was Jeffrey Petrizze who climbed to the top of the house and removed the tarps and weights. Arden Van Upp had nothing to do with this. Then the Trustee and his attorneys charged Arden Van Upp for this even though this was the fault of Osama “Sam”
    bin Freij because he had given Jeffrey Petrizze the keys to the house.
    Last we heard that Jeffrey Petrizze is locked up in either jail or mental hospital. He has not been seen around lately.
    Trustee and his counsel claims that because of the actions of Arden Van Upp, it was necessary for the Trustee to bring eviction proceedings against Jeffrey Petrizze and she must pay the attorneys fees. In reality, it was because Osama bin Freej gave the
    key to the house to Jeffrey Petrizze. Arden Van Upp had had Jeffrey Petrizze arrested numerous times and had taken out orders of protection against him.
    A civil case against a hopeless schizophrenic such as Jeffrey Petrizze was unlikely to be effective as he will just climb the walls and get in again. To charge the Arden Van Upp a hundred thousand dollars in attorneys fees to bring a case against Jeffrey
    Petrizze was ridiculous.
    In support of claims that Sloan a vexations litigant, the cases they cite are almost all child custody cases involving Sloan's daughters, Shamema, Jessica and Anusha. Any man who has eight children as Sloan does and has been married several times as he
    has is likely to have court cases. This should not be held against Sloan. Trustee and his counsel base their claim that the files must be sealed because they were defamatory such that nobody would hire this trustee. They say he could not get any more trustee jobs because his opposing counsel claimed that he had wasted and
    misappropriated funds of the debtor. However, the Trustee as a government appointed official does not have the right to keep it a secret under seal that he has wasted, squandered and misappropriated the funds of the debtor.
    WHEREFORE, for all of the reasons set forth above we request that the
    Default Judgment in Bradlow vs. Samuel H. Sloan must be vacated and set aside, the attorneys fees of more than $125,000 awarded to the Trustee and his counsel Wendel, Rosen, Black & Dean LLP in Bradlow vs. Samuel H. Sloan must be vacated and returned,
    all the documents in this case should be unsealed and restored to PACER, all of the proceedings starting with the denial of the first motion to dismiss this bankruptcy back in November 2009 must be declared null, void and without jurisdiction in
    accordance with the decision of the United States Supreme Court in Stern v. Marshall, 564 U.S. 462, 131 S.Ct. 2594 (2011), all attorneys fees awarded to counsel for the Trustee in the amount of one million dollars and more must be returned to the debtor,
    the sale of the house at 2550 Webster Street must be declared null and void and without jurisdiction and the house must be returned to the Debtor and such other and further relief as may be deemed just and equitable should be granted.

    WHEREFORE, the debtor prays that the courts:
    1. Remove Judge Thomas E. Carlson from this case.
    2. Restore to her ownership the house located at 2550 Webster Street, the Bourn Mansion.
    3. Unseal all the sealed files in this case
    4. Reimburse to her the entire $125,000 paid to attorneys for the trustee in the Sam Sloan case and the $100,000 fees paid to evict and to repair damage allegedly caused by Petrizze.
    5. Reimburse to Arden Van Upp all fees paid to the trustee in this case.
    6. Reimburse to Arden Van Upp all fees paid to the trustees' attorneys in the amount of more than one million dollars in this case
    7. And provide such other and further relief as may be deemed by the courts to be just and equitable.
    This brief contains 13,384 words

    Dated January 3, 2017
    Arden Van Upp
    1019 Ashbury Street, Apt. 3
    San Francisco CA 94117

    Sam Sloan
    1019 Ashbury Street, Apt. 3
    San Francisco CA 94117 Table of Cases

    Bankruptcy Case No. 92-32965 Arden Van Upp 4, 14 Bankruptcy Case No. 09-31932 Arden Van Upp 6, 13 Bankruptcy Case No. 16-30742 Arden Van Upp 12, 14, 26
    Bankruptcy Case No. 01-30233 Tammy Ann VanUpp 14 Bankruptcy Case No. 92-33747 Laurence Eugene Badgley 4
    Arden Van Upp vs. Linda Sue Catron for Elder and Adult Dependent Abuse Case Number CCH 16-578600. 13
    Arden Van Upp vs. Northern California Mortgage, Case No. 16-553424. 13, 27
    Badgley v. Van Upp, 20 Cal. App. 4th 218 - Cal: Court of Appeal, 1st Appellate Dist., 2nd Div. 1993 4
    Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir. 1990). 4
    Bradlow vs. Sloan, Adv. Pro. No. 10-3040 21, 22, 25
    City and County of San Francisco v. VAN UPP, Cal: Court of Appeal, 1st Appellate Dist., 3rd Div. 2011 6, 10
    Executive Benefits Insurance Agency v. Bellingham, Chapter 7 Trustee of Estate of Bellingham Insurance Agency, Inc., ___ U.S. ___, No. 12-1200 (June 9, 2014) 24
    In re Taub, 441 BR 211 - Bankr. Court, ED New York 2010 9
    IN RE VAN UPP, Bankr. Court, ND California 2010 7
    IN RE VAN UPP, No. C 11-04408 SI, United States District Court, N.D. California, July 23, 2012. 10
    Linda Sue Catron vs. Specialized Lending Services et all, CGC-16-551351, filed April 6, 2016. 28
    Noel Weeks v. Linda Catron, Case No. CGC-11-516849 12,28
    Stern v. Marshall, 564 U.S. 462 (2011) 7,17,24
    Yin Falk v. Linda S. Catron, et al. No. CGC-09-486921 12,28
    “Last Bonanza Kings: The Bourns of San Francisco” by Ferol Egan ISBN 0874177863 21

    Proof of Service

    The within documents have been served on all parties to this case including: Michael D. Cooper (Bar No. 42761)
    1111 Broadway, 24th Floor
    Oakland, California 94607
    Telephone: (510) 834-6600
    Fax: (510) 834-1928
    Attorneys for Trustee, David A. Bradlow

    Iain MacDonald
    221 Sansome St, Ste 3,
    San Francisco, CA 94104
    (415) 362-0449

    Robert R. Cross
    Skootsky & Der LLP
    90 New Montgomery Street, suite 600
    San Francisco CA 94105

    Samuel H. Sloan
    1019 Ashbury Street, Apt. 3
    San Francisco CA 94117


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