Subject: OK, Keith, Let's Communicate...
From: Art Leerskov
Date: Sat, 22 May 2004 10:00:48 -0500
To: Keith Langenbeck
CC: Megan Cooley , Marc Taubenfeld , Rudy & Joann Sauseda

Keith:

OK, let's communicate:

The problem here is that you have taken -- and apparently continue to take -- radical actions that are profoundly hurtful to the credibility of the Committee and the financial interests of all the creditors.

Even viewing your actions in a purely selfish light, they are utterly incomprehensible.

It does not appear that you ever stopped to consider the potential consequences of your radical actions beforehand, nor do you seem to begin to comprehend your present predicament.

My attempts to reason with you have had the effect of BBs bouncing off a tank. But I tell you plainly: You have the Sword of Damocles hanging over your head and about one more of your stunts is all it will take to bring it down upon you. Wake up and smell the coffee, pal!
  • You and the Aggie crippled the Creditors' Committee at a very critical time by maneuvering to have almost all of the competent, rational, professionals expelled. Then ...

  • You alienated the US Trustee by breaching your fiduciary duties to the creditors with your bizarre pseudo-legal assault and then ignoring his warning to stop.

  • You alienated the opposition, en masse, with your libelous, rhetorical accusations.

  • You alienated the Trustee for much the same reason you alienated the rest. [Not to mention the fact Rudy Sauseda had already threatened to take him "out back" and beat the hell out of him.]

  • Then -- as if all this weren't enough -- you alienated the Judge by ignoring his order to appear.
    (He is an astonishingly cool and patient man. I was there. He was pissed. At first, he found your actions comical. I was there when he gently warned you to stop poking a 200-pound gorilla in the eye with your little stick. But I was also there when you ignored his warning and his order to appear. You were off hiding somewhere. But I was there. He was pissed.)

  • You have increased the administrative costs to the estate by thousands, maybe tens of thousands of dollars while your only achievement was to emasculate the Committee and make yourself look like a drooling yahoo.

  • And you have embarrassed the hell out of me as a member of the Creditors' Committee.
The pre-meditated exclusion of the Creditors' Committee from settlement negotiations was justified by HCPC pointing to your radical, over-the-top, loose-cannon behaviors. The Trustee formerly supported our existence and involvement, but what could they say now? Based on your paltry claim, you have undermined the position of creditors with over $2 million in bona fide claims.

When Marc and I attempted to negotiate a better deal with Carvell, we got nowhere largely because you have armed him with yet another weapon to use against our interests. We were continually pummeled with sneers and grimaces and jibes and the epithet "Langenbeck" as if it were a repugnant ten-letter word for latrine sludge.

Didn't you read the Judge's order striking your filings? Don't you understand you are threatened with "additional sanctions?" Don't you understand the Judge can put you in jail for contempt, order you to JPS Psych ER for evaluation, levy fines against you, order you to pay the legal costs of your actions, order your expulsion from the Committee, quash your claim and God knows what else?

Don't you understand that the individuals and firms you have libeled can launch actions that will leave you in abject poverty with, maybe, a house, a car, a pickup and an enormous debt? Have you no respect nor regard nor reverence for the American legal system -- the very underpinning of the most powerful nation to ever exist on planet Earth? Are you living in a Fantsy-Island dream world, or what?


If you or Rudy have any plan to show your face in the courtroom before the Judge, the Trustee, HCPC, et al. and are not willing to drop to your knees in groveling humility and contrition peppered with profuse apologies to all you have alienated, you had best rethink your plan.

I encourage you to stop and reflect on what your strategy has cost us all -- and yourself. I encourage you to carefully study that poem I sent you because you have obviously missed Kipling's message.

And, finally, I call upon you to  stop your radical activities and join the rest of us -- as a team -- to work toward achieving the best deal for all.

--
Art Leerskov
Athens, Texas

Now this is the Law of the Jungle--as old and as true as the sky;
And the Wolf that shall keep it may prosper, but the Wolf that shall break it must die.
As the creeper that girdles the tree-trunk, the Law runneth forward and back--
For the strength of the Pack is the Wolf, and the strength of the Wolf is the Pack


Keith Langenbeck wrote:

Gentlemen and Lady:
 
I am planning on being in FTW on Monday AM. Rudy has a scheduled meeting with the Henderson County Detective in charge of criminal investigation of the take over of the building and the theft of Rudy's property. The key to halting this outrageous theft by Brinkman with the cooperation of the Trustee (in order for him to get paid for that is all he is concerned about) is to force this pre-petition information about Brinkman into the Court Record in front of the Judge.
 
That is what I have been trying to communicate to the Court. This continued obstruction by Brinkman proves to my satisfaction that he knows that this information will be his un-doing and our success or then why would not let Art in to examine the building? 
 
I can convince Rudy to be there in FTW on Monday AM if needed and I tend to think he should be there then.
 
Please email back your comments. We need to communicate over the weekend.
 
Keith