From:
Charles Edward Lincoln III
[mailto:xxxxxxxxx@gmail.com]
Sent: Monday, July 14, 2014 7:03 AM
To: Michael Mastoris; Barry Frost
Subject: On June 25, 2014, AMS filed to lift stay on behalf of DB50 2011-1 Trust?
Dear Barry Frost and Michael Mastoris:
I have a permanent agent of my own in New Jersey now, Ms. Lynn Kennedy. You'll probably be hearing from her soon so this is just a "heads up." Lynn has just informed me that, on or about June 25, 2014, AMS Servicing filed a Motion for Relief from Stay on behalf of the DB50 2011-1 Trust.
As I have told Barry at least once Michael many times before, I think it is a mistake to include 221 Squan Beach Drive in the Bankruptcy Estate, in that Michael's deed to me was recorded 12-22-2009 (see attached), and the transfer is no longer even theoretically voidable under New Jersey Law, and hence unreachable under 11 U.S.C. 544, 545, or 546.
Since Michael's revocation of my power of attorney, I am under no further obligation to consider his interests in this case, but out of respect for our 5 year long association, despite the fact that Michel has shown no such respect, I am writing you here today:
I am STILL willing to work together with you guys, in spite of all of Michael's shenanigans, if Michael wants to come to a fair agreement with me about payment of my fees, Dara's fees, etc. Of course, you would have to return the outdoor Grill AND MY COLLECTION OF WORLD WAR II BOOKS which Michael broke in, burgled, stole…. just a couple of weeks ago, last month. If I have to go in, independently and as an adversary to Michael, it will surely undo ALL the good and benefits that our association over the past four years gave him. I don't see how it will be to Michael's advantage to be accused, in bankruptcy court, of fraud, breach of contract, trespass, conversion, etc. I really don't see how that will be good. And I'm still willing to work with you guys if you're willing to start undoing the damage you've done to me, especially since March 15, but REALLY especially since June 15.
It's ironic, isn't it, that my intervention will benefit Michael, regardless of what I do or how I do it---but it would still be better for us to go in as allies than as adversaries. But you believe me, I'm going in, and if I go in alone I will be negotiating with other investors, as well as with AMS Servicing and the DB Trust for a deal that will remove their claims for all times.
25:2-31. Extinguishment of cause of action.
25:2-31. Extinguishment of cause of action.
A cause of action with respect to a fraudulent transfer or obligation under this article is extinguished unless action is brought:
a. Under subsection a. of R.S.25:2-25, within four years after the transfer was made or the obligation was incurred or, if later, within one year after the transfer or obligation was discovered by the claimant;
b. Under subsection b. of R.S.25:2-25 or subsection a. of R.S.25:2-27, within four years after the transfer was made or the obligation was incurred; or
c. Under subsection b. of R.S.25:2-27, within one year after the transfer was made or the obligation was incurred.
L. 1988, c.74, s.1; amended 2002, c.100.
Charles Edward Lincoln, III
"Ich bin der Geist der stets verneint, und das mit recht,
denn alles was entsteht, Ist werth daß es zu Grunde geht."
Deo Vindice/Tierra Limpia
http://charleslincoln3.wordpress.com
Matthew 10:34-39
Think not that I am come to send peace on earth: I came not to send peace, but a sword. For I am come to set a man at variance against his father, and the daughter against her mother, and the daughter in law against her mother in law. And a man's foes shall be they of his own household.
He that loveth father or mother more than me is not worthy of me: and he that loveth son or daughter more than me is not worthy of me. And he that taketh not his cross, and followeth after me, is not worthy of me. He that findeth his life shall lose it: and he that loseth his life for my sake shall find it.
Sent: Monday, July 14, 2014 7:03 AM
To: Michael Mastoris; Barry Frost
Subject: On June 25, 2014, AMS filed to lift stay on behalf of DB50 2011-1 Trust?
Dear Barry Frost and Michael Mastoris:
I have a permanent agent of my own in New Jersey now, Ms. Lynn Kennedy. You'll probably be hearing from her soon so this is just a "heads up." Lynn has just informed me that, on or about June 25, 2014, AMS Servicing filed a Motion for Relief from Stay on behalf of the DB50 2011-1 Trust.
As I have told Barry at least once Michael many times before, I think it is a mistake to include 221 Squan Beach Drive in the Bankruptcy Estate, in that Michael's deed to me was recorded 12-22-2009 (see attached), and the transfer is no longer even theoretically voidable under New Jersey Law, and hence unreachable under 11 U.S.C. 544, 545, or 546.
Since Michael's revocation of my power of attorney, I am under no further obligation to consider his interests in this case, but out of respect for our 5 year long association, despite the fact that Michel has shown no such respect, I am writing you here today:
I am STILL willing to work together with you guys, in spite of all of Michael's shenanigans, if Michael wants to come to a fair agreement with me about payment of my fees, Dara's fees, etc. Of course, you would have to return the outdoor Grill AND MY COLLECTION OF WORLD WAR II BOOKS which Michael broke in, burgled, stole…. just a couple of weeks ago, last month. If I have to go in, independently and as an adversary to Michael, it will surely undo ALL the good and benefits that our association over the past four years gave him. I don't see how it will be to Michael's advantage to be accused, in bankruptcy court, of fraud, breach of contract, trespass, conversion, etc. I really don't see how that will be good. And I'm still willing to work with you guys if you're willing to start undoing the damage you've done to me, especially since March 15, but REALLY especially since June 15.
It's ironic, isn't it, that my intervention will benefit Michael, regardless of what I do or how I do it---but it would still be better for us to go in as allies than as adversaries. But you believe me, I'm going in, and if I go in alone I will be negotiating with other investors, as well as with AMS Servicing and the DB Trust for a deal that will remove their claims for all times.
New Jersey Statutes - Title 25 Frauds and Fraudulent Conveyances - 25:2-31 Extinguishment of cause of action.
Legal Research Home > New Jersey Laws > Frauds and Fraudulent Conveyances > New Jersey Statutes - Title 25 Frauds and Fraudulent Conveyances - 25:2-31 Extinguishment of cause of action.25:2-31. Extinguishment of cause of action.
25:2-31. Extinguishment of cause of action.
A cause of action with respect to a fraudulent transfer or obligation under this article is extinguished unless action is brought:
a. Under subsection a. of R.S.25:2-25, within four years after the transfer was made or the obligation was incurred or, if later, within one year after the transfer or obligation was discovered by the claimant;
b. Under subsection b. of R.S.25:2-25 or subsection a. of R.S.25:2-27, within four years after the transfer was made or the obligation was incurred; or
c. Under subsection b. of R.S.25:2-27, within one year after the transfer was made or the obligation was incurred.
L. 1988, c.74, s.1; amended 2002, c.100.
Charles Edward Lincoln, III
"Ich bin der Geist der stets verneint, und das mit recht,
denn alles was entsteht, Ist werth daß es zu Grunde geht."
Deo Vindice/Tierra Limpia
http://charleslincoln3.wordpress.com
Matthew 10:34-39
Think not that I am come to send peace on earth: I came not to send peace, but a sword. For I am come to set a man at variance against his father, and the daughter against her mother, and the daughter in law against her mother in law. And a man's foes shall be they of his own household.
He that loveth father or mother more than me is not worthy of me: and he that loveth son or daughter more than me is not worthy of me. And he that taketh not his cross, and followeth after me, is not worthy of me. He that findeth his life shall lose it: and he that loseth his life for my sake shall find it.
