This matter has its beginning in 1991 with the former bank, Carroll County Bank and Trust (CCBT), located in Westminster, MD. Branch Banking and Trust (BBT) took over Carroll County Bank & Trust in late 2000 or early 2001.
In 1997, CCBT filed a criminal confession of judgment to foreclose on our home (violation of PA Title 41), a misdemeanor of the third degree. Upon the advice of our attorney, we filed a Chapter 11 reorganization.
The debt was in dispute from the very beginning. The case was improperly filed with the bankruptcy court instead of the district court. Because of diversity, excessive equity and the fact that it was a Chapter 11, jurisdiction belonged solely to the district court.
The initial criminal act in 1997 was tardily revived by writ and repeated a "second time" and eventually a "third time," which caused us to lose our home at sheriff's sale.
There are many instances of violations of professional conduct by all the attorneys, the judges and the system as a whole that have allowed this bank to prevail.
In a related matter, from 1995 to 1999, we paid CCBT in excess of $500,000.00, yet none of these proceeds (interest portion) was reported to the IRS via a 1099. CCBT, now BBT, submitted incorrect earned interest amounts to the IRS. We paid nothing to BBT/CCBT, yet they reported that we paid in excess of $36,000.00. These are serious criminal acts under IRS 6040, but my complaints have gone unheard by those charged with pursuing these matters.
CCBT/BBT, through their counsel(s), took lump sum payments for 3 properties but did not release/satisfy the titles of the properties. These matters are currently in bankruptcy court (again in the wrong venue despite our objections thereto), pending a hearing in September.
Judges have taken prejudicial jurisdiction of matters that were ongoing in our case, in blatant violation of their judicial code of conduct, state or federal, specifically Canon 3 and other sections thereto. The attorneys, ours included, are similarly guilty of violating their professional code of conduct. These matters are also part of our adversary case now in the bankruptcy court.
We have stated only the tip of the iceberg here, but suffice it to say, keep out of bankruptcy and file a civil suit, pro se if you are able, because if you are not bankrupt at the outset you shall be at the end, that is, if it ever ends. The attorney's clock runs incessantly and they have no urgency to end your time. We know firsthand; we have been there!
We have been pro se in these proceedings since May, and even though we have the law on our side and can prove it, we are shoved aside by process and innuendo. We believe our damages in this case could be in the multi-millions, but legal representation have advised us that they are a "fraternity," which translates in the real world into a mafia.
We have searched and searched, inquired, and begged to have an attorney with some guts to fight this case for us, always told that the case is too complex. Isn't that what lawyering is about? The truth is they won't go after their brethren.
If someone out there feels that they may be able to help or get into the fight, we seek your assistance. We have several briefs that tell the whole story.
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