Termination vs Modification or Modification vs Termination. Now add Clarify or Amend.
- Private009 Kearney
- Mar 21, 2022
- 3 min read
Word play - termination vs modification define the importance to MPAK / inheritance fraud.
James Beckley - "Courts approval is only way to take back MPK's Trust!"
(Letter in 2005).
J and K exhibits counterclaim against Kearney.
It's important to note the word play between the J & K filing when using Termination vs Modification.
This is how the Abruzzo's manipulate the legal system to achieve the 3 modifications in Judge Malott's court to put the Federal Bankruptcy court in the tough decision for Judge Thuma!
Judge Thuma promised a ruling in 2 to 3 weeks but closer to 2, We are now 7 weeks out he won't rule to allow the NM appeals court to review if the modifications were legal.
Documents J & K are Exhibits in Bankruptcy case as of 6/2/2021
Paul Fish didn't ask another question about termination? For some reason they wanted on the record the Abruzzo's dropped termination claim. What I can tell is Paul Fish is incredibly uncomfortable during the questioning so much he called Angelo Artuso. Mr. Abruzzo.
See testimony transcribed below.
Please read in James Beckley private letter below to Louis Abruzzo what would of happened if trust was Terminated.
The only reason the Abruzzo's brought Termination was to gain access to all my business, personal financial records and personal/business tax returns.
They dropped Termination two weeks before trial in March of 2017 after it served no more gain to Abruzzo's only detriment.
Thuma waited to lift stay with NM Court of Appeals the same day he granted a withdraw for all of my Bankruptcy representation. 7/23/2021 (5 Million dollars spent on legal fees and I have no representation to finish protecting my rights in Bankruptcy court and can't find anyone to take my case).
"Who wrote the the lift stay for 3 modifications in the first place?" Judge Thuma talking about the stay in open court audio.
The document below reads more like Conservatorship / Guardianship.
What amazes me is the Abruzzo's continually asking the courts to do their dirty work and all the courts and judges oblige them.
Because Judge Malott is bias he will make any necessary clarification or amendment for the Abruzzo's ... as he has in past rulings and will continue to do so in the future.
I have attached a copy of the Court’s Findings and Conclusions issued on July 7, 2017.
The Court has previously made several findings of fact regarding Zia Trust. See Findings and Conclusions at 14 - 15 (paragraphs 96 - 108). These findings include that “Zia Trust is willing to serve as a directed Trustee of the Trusts” (paragraph 106), and "Zia Trust, Inc. is a qualified successor Trustee of the Trusts” (paragraph 107).
Because of the bankruptcy plan, the Trusts will no longer hold ARCO stock. It was the ownership of this stock that formed the focus of Zia Trust’s desire to be a directed Trustee.
Zia Trust no longer believes it needs to be under such Court direction and is willing to serve as the Successor Trustee under its normal trust agreement. To this end, last Thursday, I provided Mr. Kearney’s counsel with a copy of Zia Trust’s current agreement / fee schedule and a proposed Stipulated Order appointing Zia Trust as the successor Trustee.
To date, however, I have not received a response. If the parties can agree on a form of order to submit to the Court, and if that order is acceptable, then the need for a hearing will become moot. I have attached the Motion, Response, and Reply regarding the appointment of Zia Trust as a Successor Trustee which were filed over 4 years ago.
The Response was filed UNDER SEAL. The Motion and Reply were not. Finally, I realize that I was remiss in not providing the Court a Notice of Hearing form with the Request for Hearing. I have attached one to this email. Please let me know if I can provide the Court with any additional information regarding this matter.
Sincerely,
Angelo J. Artuso
I did respond to Dean Borders and he didn't follow up with Angelo Artuso. See below email
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