Libel and Bad Faith Claim Against Trustee James Nicholson, et al

Bobby N. Harmon, CPCU, ARM

December 23, 2006

VIA fax @ (808) 522-8156

Carol K. Muranaka

U.S. Department of Justice

United States Trustee, District of Hawaii

1132 Bishop Street, Suite 602

Honolulu, HI 96813

RE: CV05-00030 - James B. Nicholson, Trustee vs. Harmon

Libel and Bad Faith Claims Against The Office of The United States Trustee, et al

Dear Ms. Muranaka:

Thank you for your one-paragraph letter dated December 18, 2006, which I quote here in its entirety:

“The purpose of this correspondence is to respond to your repeated letters and related documents submitted to this office. Please be advised that we do not believe a response to your repeated, numerous submissions is warranted, and we will, accordingly, not be responding to them. However, the failure to respond should not be construed, in any manner as an acquiescence or concurrence of any nature with the contents of your correspondence, for which we take issue.”

Since your letter did not reference any particular letter of mine, or any particular issue, I am limiting this response to two issues, my LIBEL and BAD FAITH CLAIMS. As I stated in my letter dated December 7, 2006 (ref: www.the-catbird-seat.net/Claim-OUST-12-7-6.htm):

“On November 8, 2006, I wrote a letter to you pointing out these false and libelous remarks (ref. www.the-catbird-seat.net/Guttman-11-8-6.htm), and asked that you cease your efforts to silence my reporting of illegal activities, and accept my proposal to attempt to negotiate an out-of-court settlement of this matter.

“Since I have received no response from you to my letter of November 8^th, I am hereby giving this NOTICE OF CLAIM to you and your insurance carriers for LIBEL, and request that you report this NEW CLAIM immediately to your respective liability insurance carriers. As soon as I am contacted by authorized claims adjusters for these insurance companies, I will provide them with additional details regarding this claim, including my demand for damages.

“If I do not receive a response from you, or your insurance carriers, within 15 days, I will consider this an act of insurance company BAD FAITH in the handling of insurance claims, which will give rise to further claims against you and your insurance carriers.”

Regarding these two letters, I respectfully point out that you, in your capacity, do not have the authority to respond to these claims notices on behalf of individuals James Nicholson, Curtis Ching, or Steven Guttman. They can only be answered by them, as individuals, and/or by their respective insurance carriers. Therefore, since I have not received a response to my former Notices of Claim from any of them, or their carriers, I am now filing a NEW CLAIM - this time for BAD FAITH - and I ask that you notify each of the appropriate parties immediately.

If I do not receive responses to this NEW Notice of Claim within 15 days I will consider it to be another act of Bad Faith, which will result in further claims against Curtis Ching, Trustee James Nicholson, Steven Guttman, the Estate of Mary Lou Woo, the Office of the United States Trustee, and their respective insurance carrier(s).

Although I consider it unacceptable for the Office of the U.S. Trustee to refuse to respond to my many other letters, in order not to complicate or confuse these various separate issues – which include fraud, conspiracy, racketeering, obstruction of justice, and other wrongful acts – I will respond to these important, but distinct, issues in future correspondence.

Very truly yours,

Bobby N. Harmon, CPCU, ARM

cc: Curtis Ching and James B. Nicholson, Office of the U.S. Trustee

c/o Steven Guttman, Kessner Duca et al (sguttman@kdubm.com)

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

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

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

Senator Dan Inouye, http://inouye.senate.gov

Daniel Akaka, U.S. Senate (senator@akaka.senate.gov)

Neil Abercrombie, U.S. House (Neil.Abercrombie@mail.house.gov)

Mark Recktenwald, Director, DCCA (Mark.E.Recktenwald@dcca.hawaii.gov)

Hawaii Insurance Division, Captive Branch (captiveins@dcca.hawaii.gov)