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Sheriffdom
of Lothian & Borders at Jedburgh In the Matter of the
Determination of Accountant in Bankruptcy’s Fees and Outlays as Trustee as per intimation dated 16th November 04 in respect of the Sequestration of Martin Frost Minute of Concurrence by the debtor Martin Frost to the Objection by Mr Dean Warwick, a M Frost creditor with a place of business at Kelso
I, Martin Frost, do concur with Mr
Dean
Warwick’s note. I understand that the majority of the creditors
will be supporting Mr Warwick’s Note of Objection. It is a
necessary corollary that hours worked need to be justified by some
form of achievement, in short there is no discernable benefit to my
creditor body for work charged. I personally, like those
supporting
creditors, do believe that rather than assisting her agent Mr R
MacGregor the Accountant in Bankruptcy has hindered him and in so
doing cost, lost and damaged my sequestrated estate. A) The Accountant of Bankruptcy, Mrs Thomson, is not a proper nor fit person to be my trustee in bankruptcy upon the following grounds: i) She is an unqualified person with neither accountancy nor insolvency letters which is contrary to EU law; natural justice and human rights. ii) She does not have the commitment of her staff of whom some 50% have recently quit, resulting in a chaotic office which is unable to devote appropriate time or consideration of the Martin Frost estate. Thus she has delayed or failed properly to adjudicate upon the validity of creditors. iii) She fails to adhere to the recommendations of her own qualified agents as to the administration of my estate (i.e. re quantification of assets and liabilities) but instead admits to undue political and monetary influence. She admits to acting without proper factual consideration yet upon unsupported hearsay supports state expenditure to have me declared a vexatious litigant. iv) She has a direct conflict of interest in the Martin Frost sequestration as she is personally a judgement debtor of Martin Frost and she has also administered third party sequestrated estates from which she has refused to pay Martin Frost’s estate.
B) She has constantly either
refused to
make decisions or when she has reached determinations such
determinations are so palpably wrong she has failed to protect the
interests of my estate. Examples are the Alexander Stone costs award, the Cintec International litigation, the Horseshoe Gallery scenario and my personal accident damages. C) She failed to fully insure the assets of Martin Frost and so has incurred a personal liability to Martin Frost’s estate in excess of £1 million pounds which she neglects or delays to make good. D) Contrary to custom she failed to put to the Sheriff Court Martin Frost’s offer of compound at 100p in the pound which had the required written acceptance by Martin Frost’s creditors. E) She has failed in elementary matters such as my IVA, in assessment of cross border insolvency legislation and proper communication to parties. F) She is guilty of bias; she has failed to appreciate the changing statutory definition of a creditor. G) She failed in her duty of care as interim trustee. H) The Accountant in Bankruptcy judges in her own cause. Examples in respect of the above together with supporting documentation will be put before the learned Sheriff at the appropriate hearing. For each and for all the above
reasons
whether in synergism or not the Accountant in Bankruptcy is not
entitled to grant nor obtain any award of expenses. Martin Frost Debtor 2005-01-05 Edenside Kelso |
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