OUST v. Harmon - Re: Steven Guttman's letter of 7/30/7, re David Farmer

Bobby N. Harmon, CPCU, ARM

August 13, 2007

VIA fax and e-mail: sguttman@kdubm.com

Curtis Ching, James B. Nicholson, and David C. Farmer
Office of the United States Trustee

c/o Steven Guttman, Esq., Kessner Duca Umebayashi, et al.

220 S. King Street, Floor 10

Honolulu, HI 96813

Re: CV05-00030 - Office of The U. S. Trustee vs. Harmon

David Farmer’s Replacement of James Nicholson as Successor Trustee

Gentlemen:

This letter is in response to Steven Guttman’s letter dated July 30, 2007, in which he states, in part:

“James Nicholson, the former Successor Trustee in In re Bobby Norris Harmon etc ... Case No. 99-4339, has been replaced by David Farmer. Please be advised that all future reverences to the Bankruptcy Successor-Trustee are to Mr. Farmer....”

Please be aware that this is the FIRST, and only, correspondence that I have received from your office notifying me of this change in Trustees. Your office provides NO information regarding the reason for this important change, and NO biographical information regarding the Successor Trustee, David Farmer. Therefore, I am hereby requesting that you provide me the following information:

1. What is the REASON for this change in Trustees at this late date?

2. Was James Nicholson involuntarily terminated from this position, or did he resign?

3. In either case - termination or resignation - what was the REASON?

4. How was David Farmer selected as the Successor Trustee? What was the criteria?

5. WHO selected David Farmer as Successor Trustee?

6. Can you please provide biographical information for David Farmer.

7. Who is Mr. Farmer’s professional liability insurance carrier, and insurance broker?

Mr. Guttman continues in his letter:

“As you are aware, on April 27, 2007, U.S. District Court Judge David Alan Ezra, issued an Order denying your most recent attempt to place your conspiracy theory claims before the federal court. Concurrent with the denial of your reconsideration motion, Judge Ezra also issued an Order stating ‘that Defendant’s future filings in the instant case [are to] be screened by the Court before they are accepted for filing’ because ‘Defendant continues to file motions containing essentially the same arguments, without providing additional law or facts...’

“On behalf of the current Successor-Trustee as well as the involuntary recipients of your numbeous email communications, we ask that you: (a) accept the ruling of the U.S. District Court as set forth in its Order dated April 27, 2007; (b) comply with the prior Orders issued by the U.S. District court, the Bankruptcy Court and the American Arbitration Association; (c) cease all further attempts to publish or re-post any “Protected Subject Matters” on an alternate website; and (d) finally terminate the long-standing letter writing campaign which you have pursued in violation of the Settlement Agreement entered into by the parties in 2000.

“We have reviewed portions of your new website at www.kycbs.net . We have also conducted a brief review of the materials posted at http://web.archive.org/web/*/the-catbird-seat.net . The materials posted at the archive site appear to be an unadulterated transplant of the offending materials which had previously been accessible at www.the-catbird-seat.net , the website terminated by Yahoo! Small Business Hosting in accordance with Judge Ezra’s order....

“When Yahoo! Small Business Web Hosting, at the behest of the U.S. District Court, shut down www.the-catbird-seat.net in April 2007, we had hoped you would accept the turn of events and take the opportunity to move forward with your life. Unfortunately, you have chosen otherwise and continue to violate the peace and sanctity of the numerous involuntary recipients of your unwanted and unheeded correspondence.

“Nevertheless, we sincerely hope that at some point in the near future, you finally accept the wisdom of the Arbitration Association and the Courts and choose to apply your considerable energy to a more constructive and positive goal.”

Please be advised, again, that I sincerely believe that none of the postings that I have made on the new website contain any “Protected Subject Matter”, and that the reason that I have continued to send you e-mail notices of additions to the new website is to give you the opportunity to inform me if YOU believe otherwise. To date, I have received absolutely NO RESPONSE to my many e-mails, which I have to take as an admission on your part that these postings DO NOT CONTAIN any Protected Subject Matter.

One major issue that you have still failed to address in any of your correspondence, or in court, is the fact that your actions constitute PRIOR RESTRAINT of my First Amendment Rights of freedom of speech, freedom of religion, and freedom to petition the government. If you are going to subject my e-mails and my website to PRIOR RESTRAINT - then someone from your office needs to be responsible for advising me which SPECIFIC materials that I may wish to publish contains “Protected Subject Matter”.

Regarding the materials posted at http://web.archive.org/web/*/the-catbird-seat.net , please be advised that this is an independent website, in which I have no ownership and over which I have no control. As you should know, once information is posted on the internet it is in the public domain and can be freely re-posted by whomever wishes to do so. This right is also protected by the First Amendment.

Therefore, I ask that the Office of the United States Trustee respond immediately to my above questions regarding the change in Successor Trustee, and I again ask that your office cease your on-going efforts to silence my reporting of illegal activities, and my political and religious opinions, and finally accept my proposal to attempt to negotiate an out-of-court settlement of this matter.

Your immediate reply is requested.

Very truly yours,

Bobby N. Harmon, CPCU, ARM

cc: Voyager Info-Systems, www.voy.com (www.voy.com/exchange/contact/tos.html)

Steven Jay Katzman, Office of the U.S. Trustee (via fax: 619-557-5339)

Henry Paulson, U.S. Treasury Secretary (via fax: 202-622-6415)

Janet Hughes, Internal Revenue Service (via fax: 720-956-4564)

Alberto Gonzales, U.S. Attorney General (AskDOJ@usdoj.gov)

Governor Linda Lingle (via fax: 808-586-0006)

Mark Bennett, Hugh Jones, Dorothy Sellers, and Lawrence Goya,

Office of the Attorney General, c/o Hugh Jones (hugh.r.jones@hawaii.gov)

Dan Inouye, U.S. Senate (senator@inouye.senate.gov)