BK Pleading, From Ken Ditkowsky, an Illinois attorney

In Re:                                                                          )
)           CHAPTER 11
GLORIA JEAN SYKES                                                 )
)           CASE No.  11 B 39381
DEBTOR IN POSSESSION                              )
)

MEMORANDUM OF GLORIA SYKES

Prefatory Statement

This Chapter 11 Bankruptcy was filed by me, pro se, on September 28, 2011.  The purpose of the filing was to address bulging debts being incurred because the U.S. 1364 Federal Credit Union located in Merrillville , Indiana refused to allow me, the debtor, access to my money.  In the course of these proceedings debtor engaged, upon the recommendation of Attorney Kenneth Ditkowsky, Attorney Jeffrey Esser.
This Court granted the vacation of the automatic stay as to the U. S. 1364 Federal Credit Union, and Carolyn Toerpe on _______________________.  This Court suggested that the issue of my funds, listed on Schedule _____, was more property under the Circuit Court of Cook County jurisdiction (Probate Division) and it was more appropriate to litigate the issue herein.  I respectfully disagree for the reason stated herein.
On _______________________________________ I attempted to file a Motion to Reconsider the Modification of the Automatic Stay.  My efforts were thwarted as I was informed   (please fill in the blanks below) “________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.”
When I encountered difficulty in filing my documents in the clerk’s office I requested the office of Kenneth Ditkowsky to help me to file documents to address the modification of the stay.  Mr. Larry Chambers, an employee of the office, after consulting with the clerk’s office, caused my documents to be filed.  I have not engaged Mr. Ditkowsky to represent me in this proceeding.
Statement of Facts as to the Scheduled Funds
1.                  That on or about ____________________________, I suffered a loss at my home located at 6016 N. Avondale, Chicago , Illinois . I made a claim under my home owner’s insurance.
2.                  That on or about July 26, 2002 my insurance carrier filed a law suit entitled Lumberman’s Mutual Casualty Company v. Gloria Sykes.  This law suit was docketed as case number 2002 CH 13769.
3.                  That after a series of mesne orders including but not limited to the decision of the appellate Court entitled Lumberman’s Mutual casualty Company vs. Gloria Sykes, docketed as number 1-07-0860, the Circuit Court of Cook County granted an award to me on October 17, 2008.   That award generated the funds scheduled hereinand which are the subject matter of the Automatic Stay.
4.                  The Affidavit of the Attorneys who participated in the granting of the award is attached hereto and made a part hereof as exhibit 1.  The opinion of the Appellate Court is attached as exhibit 2.  The order awarding me the funds that are the subject matter of the schedule is attached hereto as exhibit 3. The printout of the docket of the Lumberman’s case subsequent to the entry of its final order is exhibit 4.  These exhibits are incorporated by reference and made part hereof as if set forth in detail.
5.                  That the only avenue to address any defect or error of the award aforesaid dated October 17, 2008 (case 2002 CH 13769) is pursuant to 735 ILCS 5/2 1401 or a timely appeal.  No 1401 petition was filed and no appeal was filed.[1]  Thus the award is final and the funds are clearly mine and mine alone.
6.                  That my review of the record and the Court’s statements indicates that no adjudication has occurred suggesting that anyone other than me has an interest in these funds.
7.                  That it is the established law of the United States that Illinois courts have no jurisdiction beyond their borders and certainly cannot attach assets beyond the state border.
8.                  That it is my understanding that the purpose of a Chapter 11 proceeding is to garner the debtor’s creditors in one jurisdiction and attempt to allow the debtor to marshal her assets and to work out a plan to liquidate her liabilities.  Without the funds belonging to me, I cannot do this.
9.                  That the modification of the Automatic Stay as to my funds accredited on Schedule ___ obviates my ability to address my creditors.
10.              An Americans with Disabilities Act claim has been filed in the United States District Court as docket number _______________________________________.  The ADA law suit is incorporated by reference and made part hereof as if set forth in detail.
I respectfully urge this Court to reconsider and reinstate the automatic stay as to all creditors or persons having access to the funds scheduled.
Respectfully submitted,

________________________________
Gloria Jean Sykes

Verification

Gloria Jean Sykes pursuant to 735 ILCS 5/1-109 and penalties of perjury states that to the best of her knowledge and belief the facts stated herein are true and correct.

________________________________________
Gloria Jean Sykes

 

Legal Disclaimer–
Although this is obvious, no person in this blog has been accused of any wrongdoing, crime or even arrested unless stated otherwise from a website reporting actual arrests and convictions. We are stating our opinions and we have the right to do this. Only the particular author is responsible for his or her content. (So don’t blame me if you dislike some posts from someone else).  This site is newsworthy because it is picked up automatically by many other blogs and is therefore protected by the First Amendment of the US Constitution and the Illinois State Constitution and violations will be taken seriously with charges under the Illinois Citizens Participation Act.  We ARE participating in government here–we are lawyers trying to make a difference to make things better for grandma and grandpa.  We don’t care how much money you’re making–directly or indirectly from Probate or a nursing home or home health care wired-in business.  Do yourself a favor and get a different job, it’s not worth it.

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