Mark Findlays conversation with Veronique Ingram

How long did ITSA protect Pattison/ Senator Williams/ Legal and constitutional affairs /Senate standing Committee

How long did Veronique Ingram, Inspector General in Bankruptcy , who needs a big cock up her arse  protect corrupt  trustee Paul Pattison.

ITSA received 9 complaints about Pattison in the 12 month before he was de- registered.

Under FOI it has been requested ITSA disclose how many complaints they received about Pattison in the 5 years prior to his de-registration

Clearly ITSA and the fuckers at Bankruptcy Regulations did not want anyone to be aware of this.

Senior Management at ITSA need a good hard  fucking up their ARSE!!

SENATE STANDING COMMITTEE ON LEGAL AND CONSTITUTIONAL AFFAIRS

INSOLVENCY TRUSTEE SERVICE AUSTRALIA

Question No. 23

Senator Williams asked the following question at the hearing on 25 May 2011:

Senator WILLIAMS:

I want to bring something to your attention. On 9 February 2011 we saw the

headlines 'ASIC launches action to sink liquidator'. The article says:

THE corporate regulator has launched Victorian Supreme Court action to bar Melbourne-based

liquidator Paul Pattison from practising after his own firm sank into liquidation last year.

Mr Pattison owes a heap of money to Bankwest and the Australian Taxation Office. The article

continues:

Mr Pattison still operates as a bankruptcy trustee and liquidator through his new practice, Pattison

Business Reconstruction and Insolvency Services, and he controls at least 100 files on company

insolvencies and hundreds more on personal bankruptcies But the Australian Securities and

Investments Commission's court move precipitated an urgent meeting yesterday of the board of the

professional body governing liquidators, the Insolvency Practitioners Association of Australia

(IPA), which immediately suspended Mr Pattison's membership and began its own disciplinary

proceedings against him.

I will just add another story, dated Tuesday, 1 March:

Melbourne-based liquidator, Paul Pattison, has voluntarily resigned from his company

appointments following concerns by ASIC about his capacity to adequately and properly carry out

his duties.

Mr Pattison resigned as liquidator or deed administrator of those companies and gave an

undertaking that he would cease to carry out, consent to, or otherwise accept appointment as a

liquidator ...

One experienced practitioner said that it 'beggars belief'' that a liquidator could go broke and yet

continue to practice. Are you people familiar with this Mr Pattison?

Senator Ludwig:

Before we go too much further, Chair: I wonder if we could have that made

available to Ms Ingram and Mr McCosker. I am sure Senator Williams is familiar with my usual

request.

Senator WILLIAMS:

No worries at all, Minister.

Ms Ingram:

Thank you, Senator. I am not sure it is appropriate that I go into detail in relation to an

operational matter, but I can say that Mr Pattison, in his capacity as a trustee, is under review by us.

I would not like to go into any more detail. We have been liaising with ASIC.

Senator WILLIAMS:

The reason I bring this to your attention is that a chap contacted me from

Melbourne after I did some media on the Senate inquiry into the insolvency practitioners industry,

if we can call it that. I am not going to go into detail; perhaps I might be able to talk to you off the

record. I would like to discuss something at a later date with you. Can I ask: did Mr Pattison have

any role with ITSA, or was he a member of any committee of ITSA at any stage?

Ms Ingram:

I am sorry; I would have to take that on notice. I am not aware that he has been. It is

possible, in his capacity, if he is a member of the Insolvency Practitioners Association. They might

have nominated him to a government body, or we have a bankruptcy forum. But I am not aware of

that.

The answer to the honourable senator’s question is as follows:

Mr Pattison was the Insolvency Practitioners Association nominee for a committee formed under

the Bankruptcy Act in 2006 to consider the deregistration of Mr Loke Ching Wong.

That Committee discharged its functions and was dissolved on 5 September 2006. Such

Committees are composed of a Registered Trustee nominated by the Insolvency Practitioners

Association, an APS employee and a delegate of the Inspector-General. This process is mandated in

the Bankruptcy Act at section 155H.

Bankruptcy Regulation/bankruptcy Regulations/Bankruptcy Regulations

What Crap!!!! Section 134(3) of the bankruptcy Act is being misused.
Section 134(3) does not give a trustee discretion to breach the entire Bankruptcy Act.

Instigation to misuse this section of the Bankruptcy Act was by Mathew Osbourne Principal Legal Officer at ITSA. Veronique Ingram Inspector General is also aware of  this.

He can do nothing about me naming him because I have the evidence. I also  have the evidence on Adam Toma and Mark Findlay

Table 40: Complaints

Shows complaints lodged with ITSA about registered trustees, the Official Trustee and registered debt agreement administrators.

	RT	OT	RDAA	TOTAL
Complaints received	299	44	91	434
Complaints investigated	156	23	60	239
Complaints not investigated	143	21	31	195
Complaints justified	31	4	9	44

Note: RT = Registered trustees; OT = Official Trustee; RDAA = registered debt agreement administrators.

What Crap!!!!

Bankruptcy Regulations/Mark Findlay

 The idiots at ITSA Mark Findlay Adam Toma and Mathew Osborne are using S134(3) to breach the Duties of a trustee.....
   (3)  Subject to this Act, the trustee may use his or her own discretion in the administration of the estate
Section 134(3) refers to property only...... and does not give discretion on Section 19 DUTIES OF A TRUSTEE, It also does not give ITSA discretion on the Australian Public Service Act.............

Good on ya donkeys at ITSA............ Take me to court if  you think I do not have the evidence in writing..... Matthew Osborne ... thanks for the phone call .. it was very enlightening you stupid fool....

BANKRUPTCY ACT 1966 - SECT 19

Duties etc. of trustee

             (1)  The duties of the trustee of the estate of a bankrupt include the following:

                     (a)  notifying the bankrupt's creditors of the bankruptcy;

                     (b)  determining whether the estate includes property that can be realised to pay a dividend to creditors;

                     (c)  reporting to creditors within 3 months of the date of the bankruptcy on the likelihood of creditors receiving a dividend before the end of the bankruptcy;

                     (d)  giving information about the administration of the estate to a creditor who reasonably requests it;

                     (e)  determining whether the bankrupt has made a transfer of property that is void against the trustee;

                      (f)  taking appropriate steps to recover property for the benefit of the estate;

                     (g)  taking whatever action is practicable to try to ensure that the bankrupt discharges all of the bankrupt's duties under this Act;

                     (h)  considering whether the bankrupt has committed an offence against this Act;

                      (i)  referring to the Inspector-General or to relevant law enforcement authorities any evidence of an offence by the bankrupt against this Act;

                      (j)  administering the estate as efficiently as possible by avoiding unnecessary expense;

                     (k)  exercising powers and performing functions in a commercially sound way.

             (2)  Where a person who became a bankrupt on a creditor's petition is unable to prepare a proper statement of affairs, the trustee may employ, at the expense of the estate, a qualified person to assist in the preparation of the statement.

Bankruptcy Relations/Commonwealth Ombudsman

The Commonwealth Ombudsman believes misconduct at ITSA is acceptable and encourages it!

bankruptcy Regulations/Bankruptcy Regulations

How is the scam at ITSA going????? Matthew Osborne , Adam Toma & Mark Findlay..... you stupid idiots ... you can't use section 134(3) to breach the entire Bankruptcy Act... you stupid donkeys..... you all know I have the evidence on you in writing................... I can't wait to get some more threats from Adam Toma.............. you cant open your mouths because I have the evidence............... suck it up everyone at ITSA...

BANKRUPTCY REGULATIONS

If you want to go Bankrupt and have money to hide go and see ITSA. They are so incompetent you will have no problem getting away with it.

BANKRUPTCY REGULATIONS

Why is the Donkey Mark Findlay from Bankruptcy Regulations using section 134(3) to breach the Entire Bankruptcy Act???? And why is he protecting Senior Management from any discipline????
Why does the Principal Legal Officer Mathew Osborne iinstruct Senior staff at ITSA to breach the Bankruptcy Act knowing that Adam Toma National Manager Enforcement and Regulation will cover this up?
Mark Findlay.. you were made aware that I had been intentionally misled and Tibor Karolyi  and Julie Padget did not refer the Bankrupt to Enforcement for investigation breaching the Bankruptcy Act and ignoring the Inspector Generals practice statement 14. You covered this all up!
Are you stupid?
You are aware it is a breach of the APS Act for ITSA to mislead me. You have tried to justify any misconduct using section 134(3) This refers to property, you donkey. You cannot use it to justify misconduct.
I have already spoken to Mathew Osborne who confirmed to me that breaches of the Bankruptcy Act are acceptable and  ITSA has the discretion to do this. He would know you would cover up for him.
Are you an idiot. It was not by chance that I wanted you to put so much in writing. You wrote a report that contradicts the facts . How funny you caught yourself out. I asked that you write a report that I had been misled. You already confirmed this in previous emails prior to writing this report.
Look stupid... section 134(3) does not give ITSA discretion  to breach the entire Act.
Are you sure you do not want to change the following report

---

Subject: David Cooper
Date: Fri, 2 Oct 2009 16:38:54 +1000
From: Mark.Findlay@itsa.gov.au
To: fionabrown01@hotmail.com

Dear Ms Brown,

 

I have now inspected the file.

 

It is helpful in addressing your various complaints about alleged incompetence to consider the duties of a trustee in bankruptcy that may be relevant in the administration of a matter in which the trustee is without funds:

 

The trustee's duties include at subparagraphs of subsection 19(1):

 

         (j)  administering the estate as efficiently as possible by avoiding unnecessary expense;

         (k)  exercising powers and performing functions in a commercially sound way.

 

Further to this, subsection 134(3) states;

 

  (3) Subject to this Act, the trustee may use his or her own discretion in the administration of the estate.

 

In exercising powers and performing functions in a commercially sound way, the trustee is obliged to consider the risks,  costs and benefits of taking action. Given the limited debts in the estate and the fact that no creditors were prepared to advance funds to the trustee when initially invited to do so, I do not consider that the trustee (and in particular, Mr Karolyi acting on behalf of the Official Trustee) has acted negligently.

I do not intend reporting to you on the competency of Mr Karolyi.That is a matter internal to ITSA.  My role in regulation is to investigate complaints regarding possible serious breaches of duties by trustees, misconduct and the like.

From my inspection of the file, I am satisfied that where decisions have been made that you did not agree with (such as allowing the bankrupt to travel overseas & not advertising the fact of the bankruptvy in a newspaper), those decisions have been made after careful consideration of applicable law. Whilst there have been delays in replying to correspondence, these have been the subject of an earlier in investigation by Mr Pitt.

The Official Trustee did enter an ojection to discharge  (albeit at your urging) & that objection remains in place.

There is no evidence of loss to the estate by anything that Mr Karolyi has done or not done.

Mr Karolyi did correspond with the bankrupt's sister early in the administration & seek payment of funds to annul the bankruptcy. She declined claiming there were no funds available.

Mr Karolyi has not yet again written to the sister in Israel recently but has assured me that he will do so by next week. I will suggest to him that he seek a proper accounting from the sister for the funds transferred in 2002.

Mr Karolyi has been in close liaison with ITSA's Enforcement staff regarding a possible prosecution at various times during the bankruptcy and there is no evidence of neglect in this regard.

 

My overall impression is that whilst there has been a few examples of tardiness in the administration such as delays in responding to you & a delay in reporting to creditors initially, the matter has been administered reasonably taking into account the duties at subparagraphs .19(1)(j) and (k) mentioned above. Indeed the Official Trustee has expended much time on this matter when because of a lack of funding from creditors, the relatively low level of debts & the fact any property that may exist is thought to be overseas, there isnt a real prospect of recovery without the cooperation of the bankrupt's sister.

 

 

 

Yours sincerely

 

Mark Findlay
Business Manager
Regulation & Enforcement
Central Region
ITSA Sydney
/GPO Box 548
      Sydney NSW 2001

Bankruptcy Regulations

Mark Findlay NSW Manager Bankruptcy Regulations and Adam Tom National Manager Enforcement and Regulations conceal and cover up  by Senior Staff at ITSA.