Bobby N. Harmon, CPCU, ARM
July 25, 2007
Michael B. Dowling, Clerk
U.S. Bankruptcy Court
1132 Bishop Street, Suite 250L
Honolulu, HI 96813
RE: Chapter 7 Case No. 99-04339 - Bobby N. Harmon, et al.
Objection to Appointment of David C. Farmer as Successor Trustee
Dear Mr. Dowling:
This responds to your letter dated July 20, 2007, in which you state:
“Your letter dated July 16, 2007, concerning the appointment of David C. Farmer as trustee in Case No. 99-04339 requests an explanation why Mr. Farmer has been appointed as trustee. Please note that the Office of the United States Trustee appoints the trustee and any successor trustee in a bankruptcy case. You may wish to request further information from that agency concerning Mr. Farmer’s appointment.”
This is to advise that my letter to you was prompted by your Notice dated July 5, 2007, (received on July 9, 2007) in which YOU state:
“NOTICE IS FURTHER GIVEN that unless a party in interest files a request for the election of a trustee within 10 days of the date of this notice, the above-named interim successor trustee will become and serve as the permanent trustee.”
The initial intent of my letter to you dated July 16, 2007, was to notify you of YOUR ERROR in incorrectly naming James B. Nicholson as the interim successor trustee, and to object to Mr. David C. Farmer’s appointment. Since this Notice of Appointment came from YOUR office, and NOT from the Office of the United States Trustee, I was of the belief that my response should be made directly to your office, with a COPY being sent to the Office of the United States Trustee, which I did.
Had I received the Notice directly from the Office of the U.S. Trustee, then I would have, of course, responded directly to them. In either case, I believe that the important points in my letter were that YOUR OFFICE had made an error in naming James B. Nicholson as Successor Trustee, and that, quoting from my letter of July 21, 2007:
“As this was an obvious error – since James B. Nicholson had already been appointed the Successor Trustee, over my repeated objections – I checked the Pacer system and discovered that this was indeed an error, and that the appointed Successor Trustee in this case is David C. Farmer, 225 Queen Street, Suite 15A, Honolulu, HI 96813-4639, (808) 222-3133.
“I have not yet received a copy of this corrected Notice by regular mail; however, to prevent any unnecessary delays, I am notifying you at this time that I strenuously OBJECT to the appointment of David C. Farmer as Successor Trustee due to his numerous conflicts of interest in this case which clearly raise the question of whether Mr. Farmer would be able to act as a fair and impartial Trustee in this case. These factual conflicts are discussed in detail in the Web pages at the following Internet address:
www.kycbs.net/CV05-00030-Witness-Farmer-David.htm
“I also note that your Notice contains no explanation of why James B. Nicholson is being replaced, after all this time, as Successor Trustee in this case. Could you please provide at least a brief explanation.
“Your prompt response will be greatly appreciated as I am being charged $115.00 a day for interest alone in this case. Thank you for your kind assistance.”
In any case, I believe that the pertinent point here is that I strenuously OBJECT to the appointment of David C. Farmer as trustee in Case No. 99-04339, as I attempted to make very clear to both your office and to the Office of the United States Trustee, in my letter of July 16, 2007.
Also, I wish to advise your office that, as of this date, I still have NOT received ANY communications from the Office of the United States Trustee regarding this change in Trustees, nor to any of my dozens, if not hundreds, of letters to them regarding this long-running, justice-obstructing, matter over the many past months, which I believe amounts to extreme bad faith on their part.
Therefore, by copy of this letter to the Office of the United States Trustee, I am urgently requesting THEIR prompt response to my letter of July 16, 2007, as well as to ALL previous unanswered correspondence regarding this very important, unnecessarily delayed, and extremely costly matter.
Please contact me immediately if you have any questions or comments.
Very truly yours,
Bobby N. Harmon
cc: Steven Jay Katzman, Office of the United States Trustee
(via fax: 619-557-5339)
Curtis Ching, Gayle Lau and James Nicholson
Office of the United States Trustee
c/o Steven Guttman, Kessner Duca et al.
220 S. King Street, Floor 19
Honolulu, HI 96813
(and, via fax: 1-808-529-7177; and, email: sguttman@kdubm.com)