Brent Hanson
11 Wickersham Drive
Durham, NC 27713
April 28, 2006
Office of the Chief Trial Counsel/Intake
State Bar of California
1149 South Hill Street
Los Angeles, CA 90015-2299
| RE: | Violation of Federal Bankruptcy Law by James Clinchard 1716 L Street Sacramento, CA 95814 Bar # 200746 Violation of Federal Bankruptcy Law by Kenneth Gregory Peterson 1716 L Street Sacramento, CA 95814 Bar # 118287 |
To Whom It May Concern:
I am requesting that James Clinchard and Kenneth Peterson be disciplined for intentionally violating 11 U.S.C. § 362, BR 4001 (a) (3) and BR 9014, which prohibits lawsuits against individuals who have filed petitions for bankruptcy protection. In September 2005 I submitted a petition for Chapter 13 protection in the United States Bankruptcy Court Middle, District of North Carolina. The court approved the petition on October 4, 2005.
On March 2, 2006, James Clinchard sent a letter to me on behalf of his client, Glenn Hagele, demanding that I remove unspecified "defamatory" information from my web site LasikFraud.com, regarding Glenn Hagele. In his letter he demanded that I respond within three days or "accordingly, if the offending statements are not retracted or removed within 72 hours, further legal action will be taken". He also sent identical letters to four other individuals across the country., On the very same day, his partner Kenneth Peterson filed a SLAPP lawsuit against me in Superior Court, County of Sacramento, Case # 06AS00839.,
James Clinchard and Kenneth Peterson intentionally violated 11 U.S.C. § 362, BR 4001 (a) (3) and BR 9014 knowing that an automatic stay had been issued by the Federal Court. In a defamatory e-mail written by their client Glenn Hagele, to another individual, Dominic Morgan on March 17, Glenn Hagele discussed his prior knowledge of my bankruptcy protection:
Keep in mind that although I know about Hanson's two bankruptcies, skipping out on people, federal fraud, ownership of LasikFlap, sexual orientation, additional acts of judicial contempt, and sending defaming emails to all of our doctors, I have not announced any of it…
In the same incriminating e-mail he bragged about entrapping a federally insured credit union in Florida into liability:
Cofer stupidly responded to my attorney's demand letter with accusations and further defamation against me on the letterhead of her employer, signed it as a representative of her employer, faxed it with a cover sheet from her employer, and sent it from her employer's fax, implicating her employer in her defamation and opening up the very deep pockets of a Florida credit union.
On April 6, 2006 Glenn Hagele published a statement which seems to support the notion that James Clinchard and Kenneth Peterson stood to gain financially from Glenn Hagele’s scheme to create liability on the part of a federally insured credit union, where no liability previously existed:
the objectives and tactics of my attorneys are different that what Hanson has encountered in the past, and Keller has never had to justify her defamation to a court. Also, a big chunk of my attorney fees are on contingency.
Prior to James Clinchard and Kenneth Peterson filing the SLAPP lawsuit against me, Hagele published the following statement on February 25, 2006 indicating that he had already conducted an investigation into my affairs, in addition to the affairs of other web site operators he wished to silence. Therefore, it is inconceivable that James Clinchard and Kenneth Peterson did not know of my bankruptcy protection on the date at which they filed their SLAPP lawsuit:
Wrong again, Keller. Investigators in five states have been doing the bulk of the work, but I do what I can. My attorneys are quite energetic, outrageously over-priced (but worth every cent), and "as if" Keller could be intimidated with mere words in a newsgroup. I suspect much more would be required.
The fact that James Clinchard and Kenneth Peterson filed the lawsuit on the same days as sending web site operators demand letters, provides additional evidence that they knew of the automatic stay provided by the bankruptcy court. They filed the lawsuit on the very same day because that was the only way they could maintain "plausible deniability" for claiming to not know of the automatic stay – they could not take the risk that I would respond within the "offered" three day response period and notify them of my protected status under bankruptcy. Ultimately, they were exposed by the private e-mails their client sent to Dominic Morgan. They did not realize that Dominic Morgan would provide those e-mails to another individual whom Glenn Hagele threatened to sue (Sandy Keller), and that those e-mails would be forwarded to me.
Please let me know the outcome of your investigation.
Sincerely
Brent Hanson
ENCLOSURES
1. Notice of Proposed Plan and Order Confirming Plan and Time for Filing Objection Thereto, Case No. B-05-82419 C13D.
2. Identical demand letters written by James Clinchard to myself and three other individuals. The letter to the fifth individual, an attorney who operates LasikInfocenter.net is unavailable.
3. Response letter written to myself to James Clinchard on March 2, 2006.
4. Docket from Sacramento Superior Court showing that Greg Peterson filed a SLAPP lawsuit against me on March 2, 2006.
5. SLAPP lawsuit filed against me by Kenneth Peterson in Sacramento Superior Court.
6. Defamatory e-mail written sent by Glenn Hagele to Dominic Morgan, owner of LasikSucks4u.com on March 17, 2006. Dominic Morgan forwarde this correspondence to Sandy Keller, another individual who Glenn Hagele threatened to sue. Sandy Keller then forwarded this correspondence to myself.
7. Letter written by Paula Cofer to James Clinchard, referenced by Glenn Hagele in his scheme to create liability on the part of a federally insured credit union.
8. Article written by Glenn Hagele on April 6, 2006, titled "Glenn Hagele's frivolous lawsuits against patients go POOF"
9. Article written by Glenn Hagele on February 25, 2006, titled "Glenn Hagele is Stalking Me!!’