Hon. Judge W. Royal Furgeson, Jr.
March 14, 2011
Page 2
__________________________________
Today, in addition to the non-exempt cash that has been seized by the receiver,
there is approximately $630,000.00 in additional ‘escrow’ funds held by Mr. Sherman in
the bankruptcy proceedings. There is more than reasonable security for the disputed fees.
If your honor holds firm to the course laid out in the show cause order, the
issues can be resolved by your honor’s existing order to mediate the fee disputes.
Your honor ordered that a mediation would be held on the attorney fee disputes.
Terminating the receivership and enforcing your honor’s order on mediation, gets us out
of the mud, and, puts the case back on the track your honor set down from the start.
It accomplishes your honor’s goal, and your honor wins.
Obviously, if the goal is to empty Jeff’s pockets or fill the pockets of the receiver
and his firm, then the receivership is the way to “win”. It is not surprising that the
receiver would argue to extend the receivership– just a little more, and then just a little
more.
However, your honor should be aware that from the start our hand has been out
offering cooperation, and calling the receiver to walk with us on the path out of
receivership.
Attached is an important e-mail exchange from December 15. It tells the story in
black and white.
As shown by the December 15, 2010 e-mail, my hand was extended to work with
the receiver by cooperation to achieve your honor’s goals. Also shown by the e-mail, the
receiver slammed the door– rejecting even initial steps for cooperation.
In slapping down the low cost hand of cooperation, the receiver's counsel was
determined to take another path, charging forward against his 'foe' who "baits", tells
"blatant lies", and is "time-wasting".
The emails are attached and your honor can weigh my words, and the words of the
receiver.
Case 3:09-cv-00988-F Document 364 Filed 03/14/11 Page 2 of 5 PageID 9041