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Baron's Stores

Yet another story of undisclosed conflict of interest. When that happens in a bankruptcy case, it is a fraud upon the court and a felony crime. Incarceration is mandated when a lawyer defrauds a court. Consider what happens when false testimony is given by non-lawyers: Martha Stewart was put in jail. That is also what happened to Little Kim.

Oh, but there is more. Failing to disclose a conflict is a serious crime even if everything else was kosher. Oh, but there is more. Dan Rather would have spotted the fabricated documents that were also filed in this case by the same lawyers. The truth is a stubborn thing. So are a number of people who will never rest until the organized crime operators in the bankruptcy industry are brought to justice.

All of the documents here in the Baron's Stores category are part of a simple and obvious scandal which will not go away. Have you seen the television show "The Mole"? Well, the reason why Congress wrote into law that lawyers for a bankrupt entity can't have any conflicts, and must disclose them, is that otherwise those lawyers could steal the company and give it to their conflicted clients. You see, a crooked lawyer could pretend that they are working for their bankrupt client, when in reality the corrupt lawyers efforts could be to benefit an opposing party (their conflicted client). Such sleezy lawyers would be acting like a spy, like a secret agent on the inside, violating all of their oaths to the Courts, the bar, and the Constitution.

Look at the documents as filed in the Baron's Stores related matters. There was a plan prepared under the direction of management, agreed to and signed by management/owners in which they would have received something and preserved their rights against other third parties. Apparantly, that plan mysteriously disappeared and instead was secretly replaced with a different plan by their hired lawyers who simultaneously held secret undisclosed loyalties to conflicted parties. The unauthorized plan eliminated any recovery for the management/owners and eliminated their chances at pursuing their claims against certain third parties. Sure, in some bankruptcy cases it can happen that management is removed from power and replaced by an official trustee. But that didn't happen in the Baron's Stores case! So there was no authority for the estate's lawyers to file a Plan which management did not authorize.
You don't have to believe Baron's Stores management that a fraudulent plan was filed with their fabricated signatures, and you don't have to believe bankruptcyMisconduct.com - Just read the sworn testimony (we have it here) of the hired document expert who states that the plan which was filed by the conflicted lawyers and then approved by the Court was a fabricated document.

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Can someone say "Smokin' Gun"?  You need not take anyone's word but the experts'.  And suddenly the picture is becoming clearer.  Not only do we now have proof of the owners' longstanding allegations that they never agreed to the filed plan and never signed it, the disclosure failure crimes are compounded by this fabrication.  By the way, fabricating a document which might be used in a legal proceeding is one crime, just one count.  Actually filing the false document is another crime. 
  Read the experts clear and understandable opinion.  Then download the documents from bankruptcyMisconduct.com and you can verify it for yourself.
Michael G. Kessler CrFA, CFE,  DABFA FABFE is a Certified Forensic Accountant, Certified Fraud Examiner, Certified Internal Controls Auditor and works with  Kessler International.  Apparently Mr. Kessler has enough balls to stand up to organized crime and to speak the truth.  I suggest that anyone needing the services of an honorable documents expert contact him.
A more obvious forgery than the Altered Plan.  First, we see again the document version 903 signature page being swapped into the version 904 document.  Second, the criminals had the problem of the page numbers not matching as the 904 document had more pages.  Talk about brazen, they just included two pages #24 and #25.  Attention: Dan Rather - the Department Of Justice might be dumberer than you and if you report on it you might get your old job back.
Spot the Alteration which makes the document a fabrication and is evidence of the owners long sworn testimony that the Plan that was filed was not the plan which they agreed and signed.
   Look at page 23, notice how the footer is for the lawfirms printed document ending in 903 yet every other page of the filed plan is for a different document bearing a footer ending in 904.  My goodness, almost as if, some crooked lawyer took the signature page from a prior document and just swapped it for the signature page of entirely different plan.  Everybody understands what is wrong here.  Where is the DOJ?
file icon Original Plan in Baron'shot!Tooltip 03/29/2009 Hits: 3091
Notice how the page numbering, footer, dates and signatures match.
Notice how the signature pages match.
Transcript showing that the Judge is aware of the fraud allegations related to the failures to disclose conflict of interest by former counsel, and the filing of an official plan and disclosure statement which the principles of the company deny they ever signed.
   Please read on this site the filed Expert Opinion Finding Baron's Stores Official Plan Tampered.