Hertel and Fowler court ordered to appear

June 7, 2009

By KAREN VELIE

Following an emergency motion, a federal judge ordered R.W Hertel and Sons’ principles Ronald Hertel and Robert Fowler to appear in bankruptcy court or face possible arrest, according to the June 4 order.

U.S. Bankruptcy Judge Robin Riblet signed the order following an emergency and ex parte motion by court assigned trustee Sandra McBeth.

“Due to the many allegations of impropriety and the inability to obtain information, the appearance of the principles Fowler and Hertel, are absolutely necessary and time is of the essence,” McBeth says in her motion in which she also notes the “threat of actual removal or destruction of assets of this case.”

Fowler and Hertel failed to appear at meetings the bankruptcy court scheduled for April 6 and 22. It is highly unusual for the bankruptcy court to order a debtor in an involuntary bankruptcy to appear at a bankruptcy meeting.

If the pair fails to appear, the bankruptcy court “shall issue an order to show cause,” according to the court order. In cases of contempt, information regarding the failure to comply are presented to a district court where an arrest warrant or fine may be levied.

Three creditors forced the financially troubled contractors into involuntary bankruptcy on January 29 in an attempt to recoup a $42,000 debt. Failing to make payments on loans totaling more than $45 million for their yachts, jets, and properties has buried the pair in a long list of foreclosures and property seizures.

On May 28, Fowler contacted trustee McBeth by telephone and though he agreed to answer questions, he informed the trustee he did not plan to appear in court.

“I advised Fowler that the continued hearing was set for June 8 at 4:30,” McBeth says in her motion. “He indicated he was not available that day, and further, that he was not comfortable with attending a hearing and testifying to facts related to the corporation.”

McBeth was unable to contact Hertel.

“Without their testimony, I am unable to perform my duties as a Chapter 7 trustee,” McBeth added in her motion. “A copy of an (CalCoastNews) article discussing the seizure of assets, as well as the documents received from the County of San Luis Obispo showing the transfer of real estate by the debtors profit sharing plan are attached hereto as exhibit A.”

Hertel and Fowler have been deeding properties and holdings to area developers as recently as last week, according to documents filed with the county clerk recorder’s office.


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One Comment

  1. ccn_debate says:

    Member Opinions:
    By: BeenThereDoneThat on 6/9/09
    Booty don’t sugar coat it. Tell us how you really feel. ;-) Not that I don’t agree.

    By: shingh on 6/9/09
    According to one lawyer present and their were several one that represents GE Capital who is suing Hertel/Fowler for $7,000,000.00 but the real thing was Fowler did not show, Hertel showed I’m told an hour late, then he had serious memory loss, can’t seem to remember where or what is going on, then he said he is $ 145,000,000.00 in debt and will file personal Bankruptcy soon, he admitted doing business with Rossi and last spoke to him just a few weeks ago, word this morning is committed Perjury and now a investigation is under way for Perjury.

    By: Booty_Juice on 6/9/09
    Useless, fetid, blubberous lumps of rancid tripe, the lot of them.

    By: mccdave on 6/8/09
    The Trib says Rob Rossi is receiving an honorary doctorate from Cal Poly and will give a keynote address.

    If only there was some way to link Cal Poly directly to the local property shenanigans. Maybe Velie should look into the Cal Poly Foundation and see where they invested their funds, including Rossi’s donations.

    Soylent Green is made out of people!

    By: shingh on 6/8/09
    Our local courts are a-buzz with morning talk about this, RW Hertel & Sons, Inc. and KITCO Holdings are set to appear as well in Superior Court dept-2 Paso 6-10-09 CV-080734 as well as Atascadero Ventures, LLC talk was centered on how KITCO and Rossi have been getting assets transferred to there holdings as not to let the Creditors in the BK obtain it, ouch sounds something illegal is going on.

    By: Paso_Guy on 6/8/09
    re the RPL comment

    Rod Jarmin of RPL thought he did no wrong, ever. When confronted with his shady business practices (robbing the const fund to pay interest) he would blame the whole thing on a bad ecomony. Don’t think he should go jail, but needs to be shut down, here and in Palm Desert

    By: INVESCO on 6/8/09
    Wow, your fast, the name of the companies and persons Hertel et al is dealing with and transferring assets to is a company called ROSSI Enterprises, dba Rossi Trading Company, LLC and many other Rossi entities. Now making him and his firms and financial data subject to review and investigation by the federal Government and those creditors who have claims.

    Ron Hertel himself has told our firm he has fired a Lawyer and will appear today ? we shall see, Robert Fowler is hiding from facing the facts, truth and will eventually face Justice either Civil or Criminal or both. Ron put his home for sale in Ventura well overpriced and well over loaned on. Fowler has filed a Homestead on his personal home at 6180 Pozo Rd. Santa Margarita, CA in hopes of protecting it from creditors, he has allowed his Ventura home to be occupied by daughter Devon and her husband Robert S. Giordano at http://www.regalgeneral.net the web of fraud and deceit is growing and this will come to light.

    By: BeenThereDoneThat on 6/8/09
    I see in today’s Trib. that North County’s Real Properity Lenders are now being investigated for fraud.

    Boy with them, this bunch, that bunch, the other bunch, the whole bunch has rotted on the vine.

    Hell we may need to hire more people in the D.A.’s office just to get all these crooks through the system.

    (1) 1 Total Votes - 1 up - 0 down

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