Legal Discussion

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Insider Researcher asked the following:

"Would you consider a new topic were we can discuss some of the pending litigation, the status of the case, and what it means to us as investors? Even discussing the closed cases, like Alegria/Grassi can help to uncover the truth or get a better understanding of how the Ng family and their attorneys operate."

The answer is a resounding "yes".

We'll kick things off with a few updates.  First, it appears as though Dwight Dixon Collins and Kathleen D. Collins have sued Walter, Kelly, Bruce, RE Loans, Armanino McKenna, Greenberg Traurig and Elizabeth Cobey, an attorney at Greenberg.  Noticeably absent from the list is everyone's favorite villain.  Secondly, down south in Reno, the Debtors (Team Barney) failed to appear on the 25th, so the case has been continued until November 15th.  Lastly, Judge Zive denied the application to approve the Kelly Law Group and Matthew Kelly as Special Corporate Counsel.

So let's discuss.  Have at it....

IMPORTANT SITE UPDATE - BLOG SITE MOVED

IMPORTANT SITE UPDATE - BLOG SITE MOVED

PLEASE NOTE:

BAR-K Investors HAS MOVED. We found a website that offers better functions and features as well as a more aesthetically pleasing layout. Please click the link below and bookmark this new site:

http://barkinvestors.wordpress.com/
This blog is a safe place.  You can post anonymously.

Today we challenge you to take a step forward, hopefully fueled by the distressing news regarding the Siena.  We're not giving up hope.  We are continuing to educate ourselves, to uncover the truth and, ultimately, we will use these truths to recover what is rightfully ours.

We've had enough of the status quo.

Have you?

The Honolulu International Airport, Bar-K and "Gross Bad Faith"

IMPORTANT SITE UPDATE - BLOG SITE MOVED

PLEASE NOTE:

BAR-K Investors HAS MOVED. We found a website that offers better functions and features as well as a more aesthetically pleasing layout. Please click the link below and bookmark this new site:

http://barkinvestors.wordpress.com/

This unpublished opinion by Judge James R. Lambden is quite a nugget.  Bar-K sued First American Title Corp. If you are interested in the details, click the link in the first sentence.  If not, then focus on the excerpts below:

Jim Weissenborn's September 9, 2010 Newsletter

We will spend time breaking down the newsletter in the near future.  In the meantime, here are our initial thoughts:

1. The money is gone.  If you can't figure this out after reading the newsletter, we feel sorry for you.
2. On page 3, the nifty pie chart shows 0% of the loans Walter, Barney, Bruce and Kelly made are performing.  Note that everyone's favorite, Walter, is included in this list.  Conventional wisdom these days is to point the finger at Barney, but it's not too difficult to understand that sweet Walter may have unclean hands.
3. Speaking of Barney, Capital Salvage is a far bigger player in this whole mess than I anticipated. 
4. Speaking of Bruce, it's sad that such a well-respected member of the community found it so easy to mislead us.  These investments were safe according to Bruce.  They'd never lost a penny according to Bruce. Don't worry, said Bruce.  NONE of the loans were safe.  Not a single one.  The exchange agreement is no big deal, said Bruce.  Nothing will change if you sign the exchange agreement, said Bruce.  The exchange agreement subordinated every single investor to WFF.  Forever. 
5. WFF drew down all but half a million dollars of REL's cash reserves.  Question - how much was in the account before WFF drew it down?
6. Weissenborn wants to take out a smaller loan to cover taxes and carrying costs in the amount of TWENTY MILLION DOLLARS!   Weissenborn is simply digging a deeper hole for us.  Question - Will the noteholders be subordinated even further down the list?  Likely pecking order if/when the new loan is secured:  1)  WFF 2) Company loaning $20 million 3) noteholders. 
7. The Ad-Hoc Creditor's Committee isn't supposed to communicate with the other noteholders, but they are supposed to help Weissenborn gain a better understanding of "investor concerns."  How can the committee understand what we're going through if they're not allowed to converse with the rank-and-file?  The hand-picked committee is a sham.
8. Pearl Tom is a member of the Creditor's Committee.  Why does her name keep popping up everywhere?  Ms. Tom's name appears on all the Siena/Wild Game Ng/High Five/Five-Way/One South Lake bankruptcy filings.  Somehow she's figured out how to receive notice on all the BK filings.  Just who is Pearl Tom?  We'll delve into that at a later time, but it's becoming abundantly clear she's in cahoots with sweet Walter.

More later....

A Spotlight on Kelly NG

One fourth of the B-4 partnership happens to be a BIG volleyball fan.  He plays volleyball.  He coaches volleyball.  He even trains for volleyball by dancing along with some sort of video game. 

Money Manager, Volleyballer and Dancer Kelly NG was highlighted in this SF Chronicle blurb.

That, my friends, is 1/4 of the B-4/Bar-K/RE Loans/Mortgage Fund '08 brain trust.

Labor Day Weekend

Today is Friday, September 3rd, 2010.  Labor Day is on Monday.  It's also the day before most kids go back to school across the country.  The importance of Labor Day to investors in the Bar-K family of funds is that the majority of the investors *must* labor, more often than not because our investment has stopped paying interest.


It is going to take a lot of energy to continue the fight to recover our money lost to the NG dynasty.

In that spirit, may you enjoy the national holiday to the fullest.  Rest, relax, sit in the sun, have a cocktail, a picnic, or a barbeque and, hopefully, take some much needed time with family and friends.

Revolving Door Policy

Finally a bit of press coverage on something important to us.  Unfortunately, Rolf Boone, the author, got it wrong at the end, as Capital Salvage, as we all know, is Barney's entity.  RE Loans recently "won" the property back at auction, essentially recovering the note for no money down. Get an NG out, replace that NG with another NG.  That's the theory here.

If, in months or years past, "the brewhouse was listed for $2 million and the two parking lots were listed for $1 million," then RE Loans (or Capital Salvage, if you will), isn't taking home a lot of cash, which means the WFF LOC isn't going to dwindle much, if at all due to this potential sale.  Also, what's with the NG propaganda machine touting potential sales?  It's all horse manure until there is something concrete to tell us. 

Scouring the internet for NG dirt

Technology is really amazing these days.  Back when I invested in RE Loans, the internet wasn't what it is today.  Now, a simple Google search turns up some really incredible information.

Read this story about Michael Ohayon & David Papera.  Then scroll down to the comments section and check out the posting made by my favorite internet poster of the month, AnotherNgVictim.  If you check the 2009 (de)valuation document written by Mary Ann Lerch, you'll spot Loan Number T0467.  Loan Number T0467, as Lerch states, is "REO. Property is owned by R.E. LOANS, LLC (3XS, LLC)."  3XS, LLC is a registered business in the state of California.  The Agent For Service Of Process is none other than Michael Ohayon.  The comments made by AnotherNgVictim do a great job of pointing out the NGs history of doing questionable deals with crooks (see All American Bottled Water in Tumwater, WA).

The Press, The Government and Disappointment

There are a few issues that have caught the attention of Bar-K investors lately.  You know what they are, right?  The Olympia Brewery in Tumwater, WA and the Siena Hotel and Casino in Reno, NV.

I've been disappointed by the lack of media coverage on these two issues, with the exception of the Channel 4 in Reno and an obscure blog.  When the local TV station  and a blog upstage the local newspaper, something is wrong, especially when it comes to investigative journalism.  The Reno Gazette-Journal ("RGJ") writes a story here and there on the Siena, but, ultimately, they are just skimming the surface, which does less harm to the local economy.  I get it.  I really do.  There are jobs at stake here.  This has a profound effect on lives, relationships and families.

December 31, 2012

MARK YOUR CALENDARS!

December 31, 2012 is the maturity date of the RE Loans note.  As we all know from our thorough reading of the October 2007 RE Loans Reorganization Plan And Note Program (the "Exchange Agreement"), we can get our money back if the Ngs feel like it.

It's so close we can almost taste it!

Kelly NG. Volleyball Coach / Fund Manager. WHAT WERE WE THINKING?

Math Camp

It's summer, and children across the country are having the time of their lives at camp.  Maybe it's art camp, perhaps it's religious camp, or something more athletic like soccer camp.  I figured the good readers of the Bar-K Investors website might want to join me at math camp.

As we all know, there are too many people who have had to end their retirements and go back to work.  Some have had to stop watering their lawns, or scrap the remodeling of their homes.  Others had to swallow their pride and move in with family members.  Even worse, some of us have skipped medical treatments or been unable to pay our medical bills.  I have heard stories about some unfortunate noteholders losing their homes to foreclosure.  It's far from uplifting.

Is Mortgage Fund '08 A Ponzi Scheme?

Sadly, the Courthouse News Service looks like the only outlet interested in covering this $64 million issue.  Then see this document (page 6 Box 13).  You'll notice that the total amount sold is actually $84,868,977 according to Coach K, everyone's favorite volleyball coach/fund manager, brother of Barney and, of course, son of Walter.