Judge Craig Schwall: “Wait a minute!” “Wait a minute!”

Judge Craig Schwall: “Wait a minute!” “Wait a minute!”

The following questions and answers are quoted from the Status Hearing on June 10, 2011, in the Superior Court of Fulton County. Mr. Hall is counsel for the Task Force. Mr. Moffett is counsel for Emanuel Fialkow. Mr. Kushner is counsel for Premium Funding Solutions. The Honorable Judge Craig Schwall is presiding.

Judge Schwall: Tuesday morning at 10:00 o’clock. And, Mr. Bonder, I’m not letting you out. Unless there is something else for us to take up, I will deal with that, and then I will order mediation after that. I don’t think there’s anything else we can take up.

Mr. Kushner: Are you lifting the stay, Your Honor, so our motion that has been pending since February can be – –

Judge Schwall: What stay?

Mr. Kushner: The leave to file the dispossessory.

Judge Schwall: No.

Mr. Kushner: What about getting the rent for the property?

Judge Schwall: No.

Mr. Kushner: They have been in the property free since June of 2006.

Judge Schwall: But you’ve got a piece of property that your own appraisal says is worth 4 to 5 million dollars.

Mr. Kushner: That’s their appraisal. Our appraisal doesn’t say it’s worth that.

Judge Schwall: What does your appraisal say?

Mr. Kushner: I don’t know that he has an appraisal. We estimated – –

Judge Schwall: I thought we were in court and everybody agreed what the property was worth.

Mr. Kushner: We were not in court. I wasn’t even a party.

Judge Schwall: Well, then get me a current appraisal.

Mr. Kushner: But be that as it may, Your Honor, even if at some point it can be sold for $4 million there are on-going expenses that the Task Force refuses to pay for. They refuse to insure the building so my client is forced to pay for that.

Judge Schwall: Is the building insured?

Mr. Kushner: Yeah, because we paid for it.

Mr. Hall: Your Honor, I am troubled by what I am hearing compared to what I have seen in the documents. I mean, I’m holding in my hand a document where there’s a discussion of Manny Fialkow demanding $200,000 be contributed from the other players in this case because he’s going to be the one to foreclose and kick them out. The whole idea – – I understand Premium Funding Solutions is owned by Manny Fialkow’s wife.

Judge Schwall: Wait a minute. Is that an email?

Mr. Hall: This is an email from A. J. Robinson to a player at Emory University. I’ve got Mr. Fialkow saying, these are how I structure my deals. I put up a personal guarantee. I take 50 percent of the return that comes above it. You, whoever loaned some money, to come in. I’ve never heard this gentleman’s name (Dustin Walsey) until today.

Judge Schwall: Did Mr. Fialkow personally guarantee the note to Premium Funding?

Mr. Kushner: No.

Judge Schwall: All right.

Mr. Moffett: That’s just a misrepresentation of the evidence, as I understand it.

Mr. Kushner: That predates even Ichthus buying the notes and foreclosing.

Mr. Hall: Counsel told me that Premium Finance Solutions was owned by Mr. Fialkow’s wife three weeks ago on the phone.

Mr. Kushner: That’s not what I told you. The two members are Sunshine Properties Group, one of the members of that is Mr. Fialkow’s wife. The other member is Mr. Walsey.

Mr. Hall: And none of that was mentioned when Your Honor asked a direct question a moment ago that there were two members to this entity and one was Mr. Fialkow’s wife..

Mr. Kushner: Is a representative of – –

Judge Schwall: Wait a minute. Mr. Fialkow’s wife is a part of Premium Funding?

Mr. Kushner: No. She is a member of an LLC that is a member of Premium Funding.

Note: Just one question. Are lawyers UNDER OATH whenever they answer a Judge’s questions?

James Wilson Beaty
Jeremiah 22.16
June 14, 2011