Saturday, July 25, 2009

The Summit 1031 Exchange Bankruptcy - what happened after... Kevin Padrick - Obsidian Finance - Summit 1031 Exchange

It makes me so mad in real estate when the system screws the Real Estate Victim, and then when they surface as a victim that has lost everything, then an even bigger system makes sure it stays that way.

Bankruptcy Courts GIVE all your Money to Real Estate / Liquidation Attorneys and at SHOCKING, alarming hourly rates. With the Sunwest Investor bankruptcy the attorneys are said to be getting 90 Million by year 2. Now to me this is a Major Corrupt System that is suppose to be there to protect you in bankruptcy, it is supposedly monitered by the Governement. I see NO industry oversight, accountability or transparence at all. My Blog on this topic is at www.ObsidianFinanceSucks.com

Below is a Video made by Stephanie Studebaker - DeYoung, she is the Daughter of One of Summit Principals in all this and this is her story, in her words as she sees all this happening. We hope to get 150 more stories from Victims, Creditors, Industry Insiders on the Summit 1031 Bankruptcy and what happened after Summit Accomodators filed for bankruptcy... THE End Goal is to Get Real Estate Victims their Money back as soon as Possible.
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Summit 1031 BK Reporting by Stephanie Studebaker-DeYoung

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Stephanie's Blog on all this is at
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Thursday, July 23, 2009

THE BANKRUPTCY LAWS ARE BROKEN!!

THERE IS MUCH MORE YOU SHOULD KNOW ABOUT WHO IS IN CONTROL OF YOUR MONEY AND WHAT THEY ARE DOING WITH IT SO GO TO ALL THE INFORMATION SITES OUT THERE. SIMPLY GOOGLE "KEVIN PADRICK" OR "OBSIDIAN FINANCE" TO FIND OUT WHO IS GOING TO MAKE MONEY OFF THIS DEAL, WHILE SUMMIT 1031 EXCHANGERS GET DUPED TOO.

FIRST KEVIN PADRICK & OBSIDIAN FINANCE DUPED THE SUMMIT PRINCIPALS (Summit Principals contracted with Obsidian Finance to assist them in their restructuring efforts, BUT instead they assisted them in throwing them off a cliff)

SECOND KEVIN PADRICK & OBSIDIAN FINANCE DUPED TERRY VANCE CRO - While Terry was actually working to save your money, Padrick & Obsidian Finance somehow convinced Judge Dunn; the US Trustee - Robert Miller, Pamela Griffith, & Vivienne Popperl; the Creditors' Committee's legal counsel - Perkins Coie; and even Summit 1031's own bankruptcy attorney, Sussman Shank, to vote Padrick in and Vance out. The whole Attorney Fraternity joined Padrick in his GAME - which is your MONEY!!!

Go to my blog to see what other ventures Kevin Padrick has had in his career where he, ONE MAN, made a boatload of money off of 100's of people:

ANOTHER BIG QUESTION- Why did Sussman Shank rollover and vote Padrick & Obsidian in when they were the one's who counseled Summit Principals to hire Terry Vance as CRO? Can't tell you, but I did hear that Susan Ford, their lead attorney, was out of town when their minds changed. Who was driving the ship when Susan Ford was gone and why did they jump into Padrick's ship?

THERE ARE SO MANY BIG QUESTIONS- Why did Perkins Coie let a Summary Judgment go through that has absolutely NO TEETH for the creditors' committee - their own clients? You tell me. Seems like the attorney's are making a BOATLOAD, $2 Million already, for absolutely no protection of their OWN CLIENTS rights.

How did I get involved in this?

First Reason - My Dad (Mark Neuman), Brian Stevens, Lane Lyons, & Tim Larkin are good men that were following the regulations set forth for their business and now they lost everything.

My dad worked very hard for many years, helped everyone in the Bend Community, and cares very deeply about others and their well-being was being looked at like a criminal for following the rules and regulations of 1031 exchange companies. Everyone was happy when Summit 1031 helped them save taxes. Now he is being looked at like a criminal - well he has done nothing like Kevin Padrick. He never intended to not have your money available.

Brian Stevens & my dad put their personal real estate up as security for Inland, just to put their partners, Tim Larkin & Lane Lyons, at ease. The bulk of the Inland loans were in various real estate investments related to Mark & Brian. So they both put did $5 million trust deeds and secured it with almost all of their property (none of which had Inland debt- at least not the property dad had).The FBI was chasing the $10 million for a couple months. They, of course, found the trust deeds and immediately concluded that the $10 million was in a Swiss bank account. Not sure what you think, but why would someone record a trust deed to steal money and send it to a Swiss bank account?? Soooooo.......

Second Reason - There are 106 Innocent Parties who are also suffering from the Bend economic crash, but now have to deal with someone who wants to bully them, force them to use their cash (Summit 1031 Exchanger assets) to protect the investments for being taken by Obsidian and from going into foreclosure (LOSING Summit 1031 Exchanger value).

The following is my list of what I call "list of atrocities" which include all of the things these highly compensated professionals are charging Summit 1031 Exchangers $112K to do with no value for the Summit 1031 Exchangers. For more detail go to my site:


Obsidian Finance seized another bank account Monday! Obsidian Finance sends letters to Renters for them to send their rent checks to them, while the 106 Innocent Parties are having to pay the debt service payments and operational expenses. Well, guess what, they won't be able to keep up for long, forcing the properties into foreclosure. Then my guess is that Padrick's friends (if that is what you call them) will buy these properties at discounted prices from the banks. Later to end up with the Windfall when the economy comes back!

Well these 106 Innocent Parties put their hard earned money into these investments, they take care of them, and they pay the bills. I see this as Legal Extortion, but according to Judge Dunn these properties are not in his Jurisdiction even though his court allowed for the transfer of the Summit Principal's interests to be transferred to Kevin Padrick. Doesn't Judge Dunn know Kevin Padrick's track record or has he been duped too?

Third Reason - I got the notice on the Attorney & Professional fees in this case and was dumbfounded. I decided to go through Obsidian Finance, Kevin Padrick, and Tonkon Torp's fee applications and I found a ton of OVER BILLING for NO VALUE. Supposedly the Court is supposed to monitor this, but so far I haven't seen the court monitor anything on this case. It is my opinion that the Court has put your Money and Value in jeopardy and is not doing their job to protect it. There are 100 Summit 1031 Exchangers losing their money!!!

Why is it that Summit 1031 exchangers are footing the $2 Million Dollars of Attorney Billings when my opinion is that none of these "professionals" are watching out for their best interest? They tell me that the Court (Judge Dunn), the US Trustee (Robert Miller, Pamela Griffith, Vivienne Popperl), and the bankruptcy or liquidating trustee (Kevin Padrick) that they are supposed to act in the HIGHEST FIDUCIARY DUTY, which means...

A fiduciary duty is a legal most commonly a fiduciary or trustee and beneficiary. One party holds a fiduciary relation or acts in a fiduciary capacity to another, such as one whose funds are entrusted to it for investment. In a fiduciary relation one person justifiably reposes confidence, good faith, reliance and trust in another whose aid, advice or protection is sought in some matter. In such a relation good conscience requires one to act at all times for the sole benefit and interests of another, with loyalty to those interests.

A fiduciary is someone who has undertaken to act for and on behalf of another in a particular matter in circumstances which give rise to a relationship of trust and confidence.

A fiduciary duty is the highest standard of care at either equity or law. A fiduciary is expected to be extremely loyal to the person to whom he owes the duty (the Summit 1031 Exchangers): he must not put his personal interests before the duty, and must not profit from his position as a fiduciary, unless the (Summit 1031 Exchangers) consents.

In English common law the fiduciary relation is arguably the most important concept within the portion of the legal system known as equity. In the United Kingdom, the Judicature Acts merged the courts of equity (historically based in England's Court of Chancery) with the courts of common law, and as a result the concept of fiduciary duty also became usable in common law courts.

When a fiduciary duty is imposed, equity requires a stricter standard of behavior than the comparable tortious duty of care at common law. It is said the fiduciary has a duty not to be in a situation where personal interests and fiduciary duty conflict, a duty not to be in a situation where his fiduciary duty conflicts with another fiduciary duty, and a duty not to profit from his fiduciary position without express knowledge and consent. A fiduciary cannot have a conflict of interest. It has been said that fiduciaries must conduct themselves "at a level higher than that trodden by the crowd"[2] and that "[t]he distinguishing or overriding duty of a fiduciary is the obligation of undivided loyalty."[3]

I am just not seeing how this Court, the US Trustee's Office, Kevin Padrick are at all maintaining their FIDUCIARY DUTY to the SUMMIT 1031 EXCHANGERS. Do you see it?? BUT MOST IMPORTANTLY - DID YOU APPROVE IT?

My "list of atrocities" alone should show that Kevin Padrick and Obsidian Finance are not acting with a "stricter standard of behavior than the comparable tortious duty of care at common law". WHY ISN'T HE ACCOUNTABLE TO THIS SO CALLED FIDUCIARY DUTY?

Why is Kevin Padrick and his Attorney Fraternity stand to make a 10% success fee based on claims racked up?

Why is Kevin Padrick's company, Obsidian Finance, going to make 15% off the sales of property? A normal trustee usually only makes 1%.

I see a ton of profit making for Kevin Padrick and Obsidian Finance - DON'T YOU???

SOMETHING IS SERIOUSLY WRONG WITH OUR BANKRUPTCY LAWS AND THE INSTITUTION AND EVERYONE IS PAYING THE PRICE!!!
The entire country is lining up at the bankruptcy courts. Our countries citizens are losing everything because of this of our economic condition and NOBODY is helping them. I see the suffering everyday as clients visit with their financial heartaches asking me "What do I do to SURVIVE this?" Then you compound the situation with a nightmare bankruptcy case like Summit 1031 where 100 Summit 1031 Exchangers, 106 Innocent Parties, and 4 Summit Principals loose everything to the Attorney Fraternity because our laws are broken???? 210 People SUFFERING while Kevin Padrick and Co. play their GAME!!! It just pisses me off to see so much suffering and ABSOLUTELY NO PROTECTION FOR THE PEOPLE.

I don't see how these BROKEN LAWS will help our country through this economic crises. President OBAMA - LOOK AT THIS PLEASE!!! If thes BROKEN LAWS don't get fixed, you will end up with a few rich attorneys spending the money frivilously (is my guess), while hard working people lose everything and aren't able to contribute to the economy in the GOOD ways they once were able to. President OBAMA - Pay attention - You ask us to all put forth the effort to help our country - Well I think I am doing my share, but I am a nobody with too many hats!

BEFORE SUMMIT 1031 BANKRUPTCY MY HATS WERE: MOM, WIFE, DAUGHTER, CPA, BUSINESS OWNER, AND REAL ESTATE INVESTOR.

AFTER SUMMIT 1031 BANKRUPTCY I HAVE TAKEN THESE HATS ON: "ACTING LAWYER - YUCK!", VOICE FOR THE HARMED, WHISTLEBLOWER, BLOGGER, REPORTER.

I HATE ALL THESE HATS - I would much rather not be doing this. I would much rather enjoy time off and be with my kids and husband. Instead, they watch me everyday fight this fight! They ask me why. I tell them because TOO MANY ARE SUFFERING for ONE MAN'S GAIN!!!
FOR MORE DETAILS GO TO MY SITE AT:
FOR MORE INFORMATIVE REPORTING GO TO THESE SITES:


http://www.realestatecomplaint.com/

http://www.realestatehoax.com/

http://www.realestatenark.com/

http://www.realestatejury.com/

http://www.trialbyblog.com/

http://www.obsidiansucks.com/

Have You or anyone You Know been affected by the Summit 1031 Exchange Bankruptcy?

If so it is Time for You To be in the Loop
On What is Really Going on
With YOUR Money.
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Find Out More about What is Really happening
with your Money at the Following Websites.
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Everyday YOU ARE losing Hundreds of Thousands of Dollars.
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www.ObsidianFinanceSucks.com
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www.Summit1031BKjustice.com

There is way more to the Summit 1031 Bankruptcy
then the Media will Have you Believe
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Tuesday, July 21, 2009

Kevin Padrick Demands the Police Get Evidence to Arrest Stephanie Studebaker DeYoung?

This has got to be a joke right. The Oregon Police want EVIDENCE from Stephanie Studebaker DeYoung, and based on Claims by Super Power Attorney Kevin Padrick of Obsidian Finance?

I knew that Kevin Padrick had connections but WOW..

So what is this Evidence that Kevin Padrick of Obsidian Finance wants to Collect to STOP Industry Whistleblower Stephanie Studebaker DeYoung?

Stay Tuned for Oregon Criminal Code, Internet Laws, Blogger Cases and More.. but for now here is the Evidence that Kevin Padrick Demands from Stephanie Studebaker DeYoung so that he can, well press charges... and all..

Well Here it is....

The pieces of evidence are…

The entire video
The audio of the hearing where the judge instructs to have the presentation.

The pictures of the video equipment from
where Kevin, Ewan Rose and Ryan Norwood were seated.

The email sent reporting
the concerns and suggestions from that presentation.

They are going to the conference room to take a look at it. Certainly they will find the same as the local criminal attorney found – that it is too difficult of case because of my evidence that it was semi-public and the equipment was not concealed.
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So why Does Kevin Padrick Keep Fighting so Hard? Well because he DOES not want the Real Estate Victims who have Millions Tied up in 1031 Exchanges Bankruptcy to See the Video, to find out the Truth and to Get their money back that he WANTS.. Just My Opinion of Course.
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More on this Story at...
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Monday, July 20, 2009

Kevin Padrick of Obsidian Finance is Trying to Have Does Kevin Padrick Own the Oregon Police.....Kevin Padrick wants Stephanie DeYoung Arrested for...

Kevin Padrick of Obsidian Finance is Trying to Have Does Kevin Padrick Own the Oregon Police.....Kevin Padrick wants Stephanie DeYoung Arrested for Industry Whistleblowing.

Does Oregon have a Criminal Code? Is Kevin Padrick following the Criminal Code? Can Kevin Padrick MAKE the police take "Evidence" from Stephanie Studebaker DeYoung.

Do Whistleblower Laws protect these videos? How can a local cop take them... Well I guess Kevin Padrick ZILLIONAIRE owns the Oregon Police.

Folks, you had Better Wake Up.. if you are a Victim of the 1031 Summit Exchange Bankruptcy it is past time for OUTRAGE.. Kevin Padrick of Obsidian Finance has BIG MONEY and he can even tell the local Oregon Police what to do.

Stephanie Studebaker DeYoung has made a Stand for the Folks hurt and being lied to in Regard to the Summit 1031 Exchange bankruptcy, She taped a meeting - She was allowed into the meeting and She is an Industry Whistleblower. YOU have rights to know what was said and what is being done to you to deliberately CHEAT you out of MILLIONS OF DOLLARS.

Does Kevin Padrick of Obsidian Finance Own the Oregon Justice System? These Videos need to be seen and they affect more then JUST Oregon Investors.

Do local POLICE have a right to take these videos from Stephanie Studebaker DeYoung? I don't think they do but they sure act like they do and they are GOING TO DO IT...

How far will Kevin Padrick REALLY go to Silence the TRUTH and to KEEP you, the Exchangers from Seeing ANY of your MONEY?

If your interested in the TRUTH - you had better Download these videos NOW on your hard drive or computer, because Kevin Padrick does not want the Creditors Council, the Exchange Council, the Department of Justice, the Exchangers to see these Videos.. and he will STOP at nothing to get this Channel Shut down...

Download these Videos and Post them EVERYWHERE, this is WHISTLEBLOWING and The 1031 Exchange Victims have a Right to Know.

Friday, July 17, 2009

What is this Spat Between Kevin Padrick and Stephanie DeYoung Really About?

I mean this Stephanie Studebaker DeYoung is an unlikely Source to be standing up, somehow for the very consumers her dad's company is said to Have "ripped off". But that is exactly what she is doing. You see it is said that Financial Consultants and Attorneys are Eating up the Money that the Real Estate Consumers Should Be Getting.
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Tough to Belief Stephanie Studebaker - DeYoung when she is VERY connected to a part owner of Summit 1031 Exchangers, and it is kind of an us against them right.. Consumers that were Trying to do a 1031 Exchange against the Big Bad Summit 1031? The Media, we know they always tell the truth and the whole story, well the Media feels sorry for the Real Estate Consumer, as do I but they are NOT getting down to the Nitty Gritty to Expose where the money is REALLY being tied up at, who or what is holding up Millions upon Millions of Dollars ? What if there is more to the Story and the More is the KEY to you getting your Lif Back?
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Well there seems to be some sort of Smack Down between Stephanie DeYoung and Kevin Padrick, and Being the Real Estate Industry Whistleblower, I wanted to dig deeper and see if there was anything to all this, if the real estate consumers really need to know, if their was signs of Real Estate Corruption, Real Estate Lies that My Real Estate Consumers ( thats YOU) NEEDED to know and it turns out there is a TON of information that you truly do need to know.
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Here is What Stephanie has to Say...
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I have been dealing with a lawyer, Kevin Padrick, who knowingly took advantage of a business, Summit Accommodators, Inc. dba Summit 1031 Exchange, that was having liquidity problems by selling himself and his companies, Obsidian Finance Group, LLC, services to them. He told them his company would help facilitate 1031 exchanges, fund the exchanges, and liquidate the assets for top dollar to earn their high hourly rates and 15% commission.

The shareholders of the company were not familiar with bankruptcy law because their company was not in danger of bankruptcy for the last 15 years. It was only when the real estate market collapsed that they found themselves with a liquidity problem.

They couldn’t get temporary loans, the could liquidate property, they couldn’t get paid back on loans owed to them. However, when they declared bankruptcy, they still had $13.6 Million in the bank account.

Kevin Padrick, Senior Principal of Obsidian Finance Group, LLC, saw the cash in the bank and decided that a few million of the cash should be his. Instead of helping the debtor facilitate the exchanges and liquidate the assets, he and his company did nothing except stall and go to the other side (creditors’ committee) with priviledged information (debtor’s gave him) claiming he had done all the research and somehow convinced them to give him the job as Chief Restructuring Officer.

Originally, this was a bankruptcy that was a debtor in possession with a Chief Restructuring Officer (CRO) in charge of the restructuring efforts.

Obsidian Finance was supposed to be working for the CRO. Obsidian Finance or Padrick did not communicate with the CRO or the debtors. Instead, they communicated with the creditors. All of a sudden, the Court said their needed to be a trustee and Kevin Padrick was appointed as bankruptcy or liquidating trustee.

The CRO had already figured out there was no Ponzi scheme and he was doing his job working with all the parties and liquidating properties. He approved $750K of sales before he was dismissed. Obsidian Finance & Kevin Padrick charged the bankruptcy estate $184K to get their Senior Principal the job of Bankruptcy Trustee.

Then simply by transferring the remaining cash (cash not distributed to creditors) OR $6 Million, Kevin Padrick charged the estate 3% or approximately $1/2 Milllion for a simple bank transfer & money in checking when he got the job. Then Kevin Padrick hired legal counsel, Tonkon Torp, to harass innocent people until they run out of money and energy and give up their interest in properties where they put their hard earned money in and have every right to still own that interest.

Tonkon Torp is charging the estate $270K of which most is for services that bring no benefit to the creditors, but hike up their hours and legal fees earned. The more time they waste, the more money they are able to charge. Total charges between these 3 entities is almost $1 Million in just 5 months. The only amount of money they have brought into the estate is $10K.
Pursuant to 11 U.S.C. Section 330 of the United States Chapter 11 bankruptcy code, (3) in determining the amount of reasonable compensation to be awarded to a Trustee or professional person, the Court shall consider the nature, the extent, and the value of such services, taking into account all relevant factors, including…

(A) time spent on such services (Who gets paid $184K to land a job)(B) the rates charged for such services (Kevin Padrick’s rate is $600/hour and all he does for the hourly rate is waste time, allege things without proof, and harass innocent people until they throw up their hands and give them their property)

(C) whether the services were necessary to the administration of, or beneficial at the time at when the service was rendered. (Who gets $164K to transfer money from one bank account to another???? The remaining is simply 3% of what was in the Summit 1031’s bank account when Kevin Padrick took over the job as Trustee)

(D) whether the services were performed within a reasonable amount of time commensurate with the complexity, importance, and nature of the problem, issue, or task addressed (Kevin Padrick makes it look like it is more complex than it is, he does nothing to make things move quickly, he ignores and loses offers on properties ($900K worth so far), and he has caused the majority of the delays in this case)

(E) with respect to a professional person, whether the person is board certified (Kevin Padrick is an attorney so he does fit this part of the code)

(F) whether the compensation is reasonable based on the customary compensation charged by comparably skilled practitioners (The attorneys are trying to finish the 1031 exchanges and the estate is paying for their learning curve…The attorneys have charged $125K more than a Qualified Intermediary would charge for the same work)

(4) (A) The Court shall not allow compensation for…
(i) unnecessary duplication of services (I identified almost 200K is for duplication of services)(ii) (I) services that are not reasonably likely to benefit the debtor’s estate (Kevin Padrick knows this is not a Ponzi scheme and there was not any Embezzlement, but he is trying to use this to drum up claims against innocent third parties.

The fees that have been charged to go after innocent third parties is $111K. By the time everyone figures out there was no Ponzi Scheme or Embezzlement, Kevin Padrick will be $6Million dollars richer and on his way to benefit from someone else’s misfortune. He has only netted the estate $3K, but has charged the estate almost $1Million.

How is this benefitting the creditors? It seems that it is mostly profitable to Kevin Padrick, Obsidian, and Tonkon Torp for providing absolutely no value to the estate)(ii)(II) necessary to the administration of the cased (This if for the Court and/or US Trustees Office to determine)
On 7/2/09, I filed an objection to these fees. To view this objection, go to http://www.Summit1031BKjustice.com/?page_id=1196 .

There is also a taping of Kevin Padrick & Obsidian Finance’s presentation to interested parties and shareholders included on this site at http://www.summit1031bkjustice.com/?page_id=254 . At this presentation Kevin Padrick does not want us to take notes, does not tell us who sent him to the creditors’ committee, and does not tell us how he is going to bring value to the estate. From this presentation, it is difficult to tell what type of professional competence would warrant costing the estate $1 Million in Attorney and Professional Fees."
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Wednesday, July 8, 2009

Real Estate Lies

My name is Crystal L. Cox, I am the Real Estate industry Whistleblower. It is my mission to provide support for Real Estate Victims who no one is listening and they suffer in silence at a Real Estate System that is geared toward taking them down, cheating them, lying to them and when they reach out for help to that same system the Realtors turn a blind eye on all Levels.

NAR does not hold Realtors, NAR member accoutable for the lies they tell. And the E and O insurance that Realtors have actually protects the Realtor from the Real Estate Consumer that they have lied to.

My website network talk about Silent Fraud, your Rights, how to Expose your Realtor for their lies, encourages you to DEMAND that NAR provide a better service and that they be accountable for their lies on the National Level and Demand that NAR hold their Realtors in your area accountable for lies no matter how big they are, what Franchise they are or how much money they make.

I am the Self Appointed Real Estate Consumer Advocate and I want to listen to your story, get your heard, and to Expose the Real Estate System that is harming you and leaving you to suffer in the dark.

More Will Be Posted on this Site Soon.
Crystal L. Cox
Broker Owner