See, if Kevin Padrick, Co-Owner of Obsidian Finance Group, an Attorney licensed in 5 States, admits to working for the Summit Principals / Summit Shareholder ( the same 4 guys) well then, you see that would be, Kevin Padrick, Obsidian Finance Group admitting to being an insider such as is described in Bankruptcy Code. See 11 U.S.C. § 101(31). And that is Illegal, I Believe. And could see Kevin Padrick, Co-Owner of Obsidian Finance Group lose his license as an attorney in those states, possibly face an indictment, and would VOID all actions that Kevin Padrick, Co-Owner of Obsidian Finance Group took as the Trustee of the $40 Million Dollar Summit 1031 / Summit Accomodators Bankruptcy out of Bend Oregon.
"I am not claiming I know Law, thing is Bankruptcy Code. See 11 U.S.C. § 101(31) sure seems to me to be suggesting that as a legally defined Insider, under contract to advise the Debtor, that Kevin Padrick of Obsidian Finance Group was not legally allowed to be"appointed" as the Trustee in the Summit Bankruptcy, I don't Know this for Fact, I am not a Bankruptcy Attorney. However, I will point you to some links of interest to do your own homework.
Bankruptcy Code. See 11 U.S.C. § 101(31)
"(14) The term "disinterested person" means a person that--
Above Quoted from(A) is not a creditor, an equity security holder, or an insider;(B) is not and was not, within 2 years before the date of the filing of the petition, a director, officer, or employee of the debtor; and(C) does not have an interest materially adverse to the interest of the estate or of any class of creditors or equity security holders, by reason of any direct or indirect relationship to, connection with, or interest in, the debtor, or for any other reason.
One thing that jumps out at me is property must be transferred to a "disinterested party" right? And as above in the bankruptcy code we note the definition of "disinterested party" NOT an Insider, and Kevin Padrick was an "Insider" from the way I see it.
Wasn't Kevin Padrick in "control" of the "debtor" and thereby again an insider? He seemed to have advised them on all this BEFORE he was the Trustee working against them, is this Legal? Really? It certainly must be unethically for an Oregon Attorney to provide financial advise to a company, take their personal financial data and use it against them. It must be a "breach of contract" at the very least, right? As Kevin Padrick was under contract with Summit, though at my Trial (Obsidian V. Cox) I asked Kevin Padrick if he had a contract with Summit and he said he did not, of which others at Obsidian later admitted they did have a signed contract, and took $100,000 of Summit's money. "
Research Link in Regard to Kevin Padrick was under contract with the Debtor.
And Source of my Above Quoted Material
Regarding Bankruptcy Code 1104(a). There was no lawful, ethical reason to appoint a Trustee in the Summit Bankruptcy, it was common knowledge with parties, attorneys, US Trustees, that it was NOT in the Best Interest of the Creditors to Appoint a Trustee, Yet Judge Randall Dunn pushed the US Trustee's Office to Do So Anyway. And US Trustee Pamela Griffith went along with it, I believe, because she had worked for and with Leon Simson of Tonkon Torp and Kevin Padrick of Obsidian Finance Group on prior "deals".
The Appointment of a Trustee was a Documented FACT that it was NOT in the Best Interest of the Creditors Period.
Here are insider emails from Sussman Shank Susan Ford to Steven Hedberg Perkins Coie, and including Kevin Padrick, Ewan Rose, Ryan Norwood, and Patty Whittington of Obsidian Finance Group. And Jeanett L. Thomas of Perkins Coie, Tom Stilley of Sussman Shank, Terry Vance CFO.
Also Keep in mind in regard to Bankruptcy Code 1104(a), I Believe that Kevin Padrick of Obsidian Finance Group was not a disinterested trustee as in section (b).
In the Kevin Padrick Declaration, his response to the legal action filed against him by Summit Insiders including Stephanie Deyoung called an Objection to the Fees, Kevin Padrick Spoke of working for Summit, the Debtor BEFORE they filed for Bankruptcy.
Page 4 Talks about "Exhibit 4 to this Declaration Obsidian's Fees Incurred Prior to My Appointment as Chapter 11 Trustee"
So, Kevin Padrick, Obsidian Finance Group admits fully to being hired, and charging fees to Summit, BEFORE he was appointed as Trustee in the Summit Bankruptcy and thereby working AGAINST his own clients. And using inside, private, privileged information and documents, spreadsheets and more AGAINST his prior client.
In the Kevin Padrick Declaration, move down to page 4, Number 9: "Obsidian was engaged by the Debtor on or about December 19th, 2008, to provide financial, advisory, and consulting services to assist Debtor in its restructuring efforts. The engagement letter broadly defined the tasks that Obsidian was to perform on the Debtor's behalf."
Read the Whole Document by Clicking Below
Keep in mind that Patty Whittington, under oath in Obsidian V. Cox, said that they were not employed to restructure but to liquidate. Folks, this means that Obsidian Finance Group set out to ruin, destroy, liquidate their own clients that they were hired to save from this very thing. Below is a bit on Patty Whittington, Obsidian Finance VP's Testimony. Also keep in mind that Patty Whittington signed the Obsidian Finance Group contract with Summit for Kevin Padrick, which she also says under Oath. Here is the Under Oath, Testimony of Patty Whittington questioned by Pro Se Defendant Investigative Blogger Crystal L. Cox, with notes.
So Obsidian Finance Group's VP, who signed the Summit Contract, claims they were always hired to help liquidate and not restructure. They set up their own clients and sure seem to be insiders. I do NOT believe this is Legal.
Summit Bankruptcy Was a Debtor in Possession Though Patricia Whittington, Obsidian VP, Under Oath Seems to Claim Different
To Read the Full Kevin Padrick Declaration, I am Discussing, Click the Link Below.
(Never Forget that David Aman, Tonkon Torp Attorney was involved in all of this, yet David Aman Represented Kevin Padrick and Obsidian Finance Group in a Serious Conflict of Interest to sue Blogger Crystal Cox who was reporting on the Summit Bankdruptcy.)
Here is a Link to Some of the Obsidian V. Cox Trial Transcripts in Which I, Investigative Blogger Crystal Cox, Pro Se Defendant questions Kevin Padrick. And he sure seems to commit perjury here UNDER OATH.
David W. Brown, Co-Founder of Obsidian Finance Group also seemed to have lied under oath in the Obsidian V. Cox Trial. Take a Look...
Click the Link Below to View Videos of A Meeting Kevin Padrick had with the Debtor before they filed for Bankruptcy.
The Summit Contract
Objection to the Fees in the Summit Bankruptcy
Objection to the Fees in the Cascadia Bankruptcy, Showing Pattern and History and that I, Blogger Crystal Cox was NOT the only Person who had "Issue" with Kevin D. Padrick.
Information Regarding the Obsidian V. Cox Trial and Investigative Blogger Crystal L. Cox questioning Kevin Padrick, Co-Owner of Obsidian Finance Group
Click Below to Read Full Obsidian V. Cox Trial Transcript
Insider / Bankruptcy Whistle Blower Stephanie DeYoung Regarding the Summit Bankruptcy
Mark Neuman, Summit Principal Deposition
Kevin D. Padrick, Obsidian Finance Group is not the Good Guy in Obsidian V. Cox. Crystal L. Cox did NOT Extort Kevin D. Padrick, Obsidian Finance Group in any way. Crystal L. Cox Investigative Blogger was and is, simply dedicated to giving voice to victims of Corrupt Courts and Unethical, Evil Attorneys such as Kevin D. Padrick of Obsidian Finance Group.