- 16 - On or about December 27, 1990, Mr. Norby, accompanied by Mr. Rittenhouse, reviewed M&L's bankruptcy file. He did so because he anticipated claiming a theft loss for his M&L investment on his 1990 Federal income tax return, and he wanted to obtain documentation to support his claim. Mr. Norby read and believed that the fraud allegations made by the Colorado Securities Commissioner and RTC were true. He discovered that the Manns Haggerskjold loan commitment M&L professed to have secured in its October 30, 1990, letter to investors did not exist. He also reviewed the bankruptcy schedules. Because of Mr. Krug's failure to tell him about M&L's bankruptcy petition on October 2, 1990, and based on his understanding of the contents of the bankruptcy file, Mr. Norby did not believe M&L's assets exceeded liabilities. He concluded that his investment would not be repaid. Mr. Norby also learned from the bankruptcy file that Ms. Jobin had been appointed trustee, but he did not contact her. He received two creditor's notices from Ms. Jobin and filed a proof of claim in the bankruptcy proceeding on November 5, 1991. He did not file a claim in 1990 because he did not believe that there would be assets remaining after secured creditors' claims were satisfied. He did not contact an attorney in 1990 or in 1991. He was not involved in collateral suits to recover his M&L investment.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011