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 #552-44-5584DECLARATION OF JANE GRIECO IN SUPPORT OF RENEWAL OF MOTION FOR RELIEF FROM AUTOMATIC STAY AND FOR AUTOMATIC PROTECTIONDate: March 27, 1992Time: 9:00 AMJudge: Thomas CarlsonI, Jane Grieco, declare as follows:1. That I am an attorney at law, licensed to practice before all the courts of the State of California, and attorney for creditor herein, Diane Hegarty.2. Elizabeth Benford and myself have represented Diane Hegarty in her efforts to enforce her rights to one-half of the jointly-owned real and personal property of herself and the debtor, Anton LaVey, which they acquired during their 24-year relationship and which was ordered by the state superior court on August 5, 1991.3. On August 5, 1991 Diane Hegarty obtained judgment in State Superior Court and was granted partition of that real property, one-half interest in the jointly-owned personal property, royalties, back rent, related expenses, and punitive damages, as well as attorney's fees and costs for a total judgment of $536,500 plus interest. The debtor has sought all available means to avoid paying the judgment, including the filing of this petition with the bankruptcy court.4. On December 10, 1991 I attended the creditor's meeting on this matter and questioned the debtor concerning the assets and liabilities indicated in his petition. A written transcript of that hearing is attached hereto as Exhibit #D and made a part hereof.5. At the creditor's meeting the debtor declared, under penalty of perjury, that:-- a. Some of the jointly-owned personal property which is the subject of the judgment against him no longer exists, or has been given to others.-- b. Five other persons currently reside on the premises without paying rent or contributing to the upkeep and maintenance of the property.-- c. The real property, which is the principal asset of the parties, is in need of substantial repairs, as evidenced by an appraisal of $295,000 on the property. The creditor had an appraisal of the property in July of 1991 of $420,000. Creditor has not received any payments under the Superior Court judgment, nor has debtor proposed any means of adequately protecting creditor's interest in the real and/or personal property. Creditor's secured position is deteriorating because the collateral is decreasing in value and the debt is increasing through the accrual of interest.6. Debtor's petition claims a $100,000 exemption of his interest in the real property, yet his petition indicates a gross income of $23,369.79 for the period 1/91 through 9/30/91, which clearly exceeds the requirements of C.C.P. Section 704.703(a)(3)(C), which allows for such exemption when the debtor is over 55 years of age and his gross income is less than $15,000.7. The debtor's petition also indicates that no income is forthcoming from the Church of Satan, when this is the very entity which seeks bankruptcy protection. The debtor's income is generated from royalties on the publications authored by both the debtor and creditor and indicated in the petition. Either this entity does generate income, which it did for the years from 1966 until 1984 when the creditor was ousted from the property, which debtor failed to report, or it does in fact generate no income, in which case it needs no protection. The real property which has been the headquarters of the Church of Satan for the past 24 years is not necessary to reorganization, and, given the state court judgment against him, debtor has no equity, save his homestead exemption, in the property.8. On February 24, 1992 this court ordered the parties to reach a stipulation concerning the listing of the subject property for sale, and that said stipulation be filed with the court no later than March 15, 1992.9. On March 3, 1992 I mailed debtor's counsel a stipulation, listing agreement, and disclosure statement, and requested that these documents be signed and returned to me so that they could be filed with the court no later than March 15, 1992.10. On March 9, 1992 I received a letter from debtor's counsel advising that the stipulation concerning the listing agreement should include a provision that creditor will not move to convert this matter to Chapter 7. This provision was not part of the court's order on February 24, 1992. In fact the court specifically stated that if a signed stipulation were not filed by March 15, 1992, the court would allow creditor to renew her motion for relief on ten days' notice and relief would be granted or the matter converted to Chapter 7. Neither debtor nor his counsel have returned the listing, disclosure, or stipulation by March 15, 1992 as ordered by this court.11. On February 24, 1992 debtor filed a motion to convert this matter from Chapter 11 to Chapter 7, and creditor concurs and has filed a response to that motion with the court.12. Debtor and his counsel have resisted all creditor's efforts to move this matter ahead. We have not received any offers of adequate protection to creditor despite our requests for same, and we therefore specifically request that the court order immediate payments to creditor of $1,200 per month.13. Since some of the jointly-owned personal property no longer exists or has been given to others, creditor is requesting that debtor be ordered to have an appraisal of all jointly-owned persona property and provide creditor with a copy of same. Creditor also requests that debtor be ordered to cease all activity to sell, transfer, or otherwise destroy the remaining jointly-owned personal property.14. In an effort to comply with local bankruptcy rules, I have tried to reach stipulations with opposing counsel on the exchange of information and documents pertaining to the jointly-owned property. I have requested that the debtor:-- a. indicate which items of the jointly-owned personal property have been sold and th

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