BOBBY N. HARMON, CPCU, ARM
Telephone :
Email: bobby_n_harmon@yahoo.com
Website: http://www.kycbs.net
Defendant, Pro Se
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
OFFICE OF THE U.S. TRUSTEE ) CASE NO. CV05-00030 DAE KSC
)
Plaintiff, ) DEFENDANT BOBBY N. HARMON’S
) OBJECTION TO THE APPOINTMENT
vs. ) OF DAVID C. FARMER AS
) SUCCESSOR TRUSTEE; MOTION
BOBBY N. HARMON, ) FOR ORDER TO DISAPPROVE HIS
) APPOINTMENT; MOTION FOR
Defendant ) ORDER FOR PREHEARING
) SETTLEMENT CONFERENCE.
)
) NON-HEARING MOTIONS
)
) Trial Date:
)
) Judge:
________________________________)
DEFENDANT BOBBY N. HARMON’S OBJECTION TO THE
APPOINTMENT OF DAVID C. FARMER AS
SUCCESSOR TRUSTEE; MOTION FOR ORDER TO DISAPPROVE
HIS APPOINTMENT; MOTION FOR PRE-HEARING SETTLEMENT CONFERENCE
COMES NOW Defendant BOBBY N. HARMON and submits the following Objections and Motions:
I. OBJECTION TO APPOINTMENT OF DAVID C. FARMER AS SUCCESSOR TRUSTEE
1. On July 9, 2007, Defendant received a notice dated July 5, 2007, from the
U.S. Bankruptcy Court that JAMES B. NICHOLSON was being named as successor trustee in this case. As this was an obvious error (since James B. Nicholson had previously been appointed as the Successor Trustee over my repeated objections) Defendant 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.
2. The Office of the U.S. Trustee did not provide any prior notice to Defendant that Trustee James B. Nicholson was being replaced, and that David C. Farmer was being appointed as Successor Trustee. Neither did the Office of the U.S. Trustee provide any reason for the dismissal, or resignation, of Trustee James B. Nicholson, nor any disclosures or biographical information regarding their successor trustee appointee, David C. Farmer.
3. It is well known to the Office of the U.S. Trustee that Defendant has challenged and objected to the appointment of previous trustees due to numerous and undisclosed personal, professional, political and financial connections with various entities involved in this case, including former Trustee Mary Lou Woo, and James B. Nicholson (see http://www.kycbs.net/Objection-Nicholson.htm ).
4. Due to the direct involvement of a number of insurance entities in this case, Defendant has previously requested that he be provided the identities of all insurance companies and brokers providing any type of professional liability insurance and trustee bonds to any appointed trustees. This information has not yet been provided by the Office of the U.S. Trustee, Mary Lou Woo, James B. Nicholson, Steven Guttman, or by any other parties related to this case which now would include David C. Farmer. It is clear that in order for the Defendant, and this Honorable Court, to determine if any actual, or potential, conflicts of interest may exist in the instant case, the Plaintiff, and his attorney, should be required to provide this requested insurance information which is of material importance.
5. Defendant, through his own independent research, has discovered that successor trustee appointee, David C. Farmer, as did his predecessor James B. Nicholson, has a number of possible conflicts-of-interest in this case which would cause him to be biased against Defendant. These apparent conflicts have been communicated to Plaintiff’s attorney, Steven Guttman, Esq., in various e-mails, to which Mr. Guttman has not responded with any specific confirmations or denials regarding these conflict-of-interest issues. More information can be found on Defendant’s website located at: http://www.kycbs.net/CV05-00030-Witness-Farmer-David.htm
II. MOTION TO DISAPPROVE THE APPOINTMENT OF DAVID C. FARMER AS SUCCESSOR TRUSTEE
Based upon the facts and arguments presented herein, Defendant respectfully asks that the Court DISAPPROVE the appointment of DAVID C. FARMER as successor trustee.
III. MOTION THAT THE COURT ORDER A PRE-HEARING SETTLEMENT CONFERENCE.
In an effort to minimize further delays and costs in this case, Defendant respectfully Motions that this Honorable Court Order THE OFFICE OF THE UNITED STATES TRUSTEE to hold a pre-hearing settlement conference in order to attempt to resolve these numerous outstanding issues and questions before allowing any further Court proceedings to be scheduled in this case.
DATED: August 10, 2007
_____________________________
BOBBY NORRIS HARMON,
Defendant
Related Internet References:
http://www.kycbs.net/CV05-00030-OUST-vs-Harmon.htm
http://www.kycbs.net/CV05-00030-Exhibits.htm
http://www.kycbs.net/CV05-00030-Witness-Index.htm