The potential lack of candor to the Court and an overzealous advocate resulted in the Debtor's interest in a blueberry farm being sold by the Bankruptcy Trustee. In a two year ordeal, the Trustee fought the Debtor in his exemptions, filed suit against the non-filing spouse and was postured to sell a blueberry farm for $135,000.00. During the two year ordeal, the Debtor apparently negotiated with its creditors to "pay off" the creditors for a reduced amount.
The Court having been advised of the "pay off" noted that no withdrawal of the claims were on file. As a result, the Court authorized the sale.
Immediately after the oral announcement of the sale, the Debtor's counsel, advised the Court that a higher offer was received. The Court was not persuaded by the last minute antics by the Debtor's counsel and did not consider the "new" offer and even mentioned that the Debtor's counsel sat silent until he lost the motion to sell.
The moral of the story is that one whom sits on its rights may end up blue in the face ....
In re Adan Mendez Case Number 09-10662
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