United States Bankruptcy CourtNorthern District of CaliforniaChapter 11 Case No. 91-34251T

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United States Bankruptcy CourtNorthern District of CaliforniaChapter 11 Case No. 91-34251TC, RS No. 92 0028 TCIn Re: Anton LaVey, DebtorSocial Security #552-44-5584SUPPLEMENTAL DECLARATION OF JANE GRIECO AND ELIZABETH BENFORD IN SUPPORT OF RENEWAL OF MOTION FOR RELIEF FROM AUTOMATIC STAYDate: February 24, 1992Time: 9:00 AMPlace: 295 Pine Street Courtroom, 23rd FloorWe, Jane Grieco and Elizabeth Benford, declare as follows:1. That we are attorneys licensed to practice before all the courts of the State of California, and counsel for the moving party and creditor herein, Diane Hegarty, who holds a recorded one-half interest in the property. A copy of the deed is attached hereto as Exhibit #A.2. On February 5, 1992 this court ordered the debtor to list the property for sale with a multiple listing and a San Francisco County broker by February 24, 1992.3. Immediately following the hearing on February 6, 1992, we contacted debtor's counsel to arrange an inspection of the property on February 12, 1992. We also suggested other realtors to be contacted to view the property. We were informed that the 12th was not a convenient date, and the soonest we could view the property was February 18, 1992.4. On February 18, 1992 we viewed the subject property for the first time. We were accompanied by Liz Maloney, a real estate agent with Re/Max Realty, who had previously provided a drive-by appraisal of the subject property for us.5. The house reflects the lifestyle of the last 20 years as the Church of Satan. All maintenance has been deferred, and the property is in filthy and deteriorating condition. There is substantial doubt whether the property in its present condition could pass building, fire, and/or safety codes.6. Further the entire property is filled with books, icons, artifacts, and memorabilia connected with the Church of Satan, including a crystal skull and shrunken head. The lighting is deliberately subdued, the walls are painted black or red, the odor is oppressive, and cobwebs and dust abound.7. Our impression of the property after inspection was verified by Ms. Maloney, who indicated to us that in its present state the property had no rental value whatsoever since it is not in habitable condition. The kitchen and baths are unusable, there is substantial structural and renovation work which needs to be done in addition to interior and exterior painting, the windows need to be uncovered to allow light in, and there is no heat. Further the property cannot be shown in its present state until the debtor vacates and takes all his personal property with him.8. The condition of the property when we viewed it leads us to believe that the debtor is deliberately defying the underlying spirit of this court's order that the property be listed by February 24, 1992. Given the unique nature of this property, the debtor was well aware that selling the property would require that it be shown to prospective buyers and would require a "unique" approach as well as some elbow grease before that could occur, but he failed to take any steps whatsoever to prepare the subject property to be listed.9. Karla LaVey, who is the debtor's daughter as well as a real estate agent, had expressed an interest in listing the property, but the creditor is opposed to this idea. By the time of the inspection, Ms. LaVey had taken no steps to clean the property or arrange for it to be shown despite her call to our office on February 6, 1992 that she would be preparing a listing on the property. It is apparent that Ms. LaVey has no interest in seeing that this property is sold or put in marketable condition.10. Due to the condition of the property, the creditor's secured position is deteriorating and the collateral is decreasing in value. The debt is increasing through the accrual of interest at the rate of $146.95 per day.11. It is necessary that action be taken to oust debtor and his personal possessions from the property immediately, to store all jointly-owned personal property, and to prepare the property for the market if any value is to be realized from it.12. At the creditor's meeting on December 10, 1991 the debtor, Anton LaVey, testified under penalty of perjury that some of the jointly-owned property which is subject to enforcement under the state court judgment of August 1991 has been given to others or no longer exists. Since that hearing we have made several requests of debtor's counsel that the debtor identify all the jointly-owned personal property which no longer exists or has been given away. To date we have had no response to this request. Debtor is mismanaging and wasting the jointly-owned property, both real and personal, in an attempt to keep creditor from receiving any portion of those assets.13. The debtor has made no payments nor made any offers of payment to adequately protect creditor in this matter. In fact all of his actions have been taken to prevent creditor from receiving her portion of the jointly-owned property.14


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