File: LVCrt-12

United States Bankruptcy Court
Northern District of California

December 10, 1991

United States Trustee (UST): Call for the case of Anton LaVey, case
#91-34251. Counsel, can you identify yourself, please?

Scott Bassin (SB): Scott Bassin, representing the debtor.

UST: I'm sorry?

SB: Scott Bassin.

Anton LaVey (AL): Anton LaVey.

UST: Okay, Mr. LaVey, can you stand and raise your right hand so I
can swear you in? Do you swear the testimony you are about to give
is the truth under penalty of perjury and the best of your

AL: I do.

UST: If you can state your full name and address for the record.

AL: Anton Szandor LaVey, 6114 California Street, San Francisco,

UST: Are you presently residing at that address?

AL: That's correct.

UST: Counsel, do you have an opening statement at this time?

SB: Um, just a short one. Um, the, uh, primary creditor is Diane
Hegarty. I believe she's in court here today. We're hoping to, uh,
get together with her and counsel and try and, uh, work together on
formulating a plan.

UST: Mr. LaVey, you show, um, one piece of real property, that
California Street in your residence, and you show a half-interest.
Who is the other half-interest holder?

AL: The other half-interest is Diane Hegarty.

UST: Okay, and you're currently in a lawsuit?

AL: Yes, we are.

UST: Can you give me the circumstances of this lawsuit and the

AL: Um, I imagine the best explanation would be that this lawsuit
has been settled and, uh, the judgment has been awarded.

SB: There was a judgment awarded in this case, um, the time to
appeal had not expired, um, uh, that's basically where things were
when the bankruptcy was filed.

UST: Okay, do you have intention of appealing?

AL: Uh, no, because of defense of necessity.

SB: We're hoping to resolve it here.

UST: Okay. And is the California Street property, is that presently

AL: Uh, yes, it is.

UST: Okay, we'll need proof of insurance on that property.

AL: Yes.

UST: And you've listed all the property that you have an interest on
the schedule?

AL: That's correct.

UST: You have all the property. Do you have any other source of

AL: Uh, none other than what's listed.

UST: Okay, you show royalties from books -

AL: Royalties.

UST: - that you've written. And do you collect royalties on a
monthly basis on that?

AL: Uh, bi-yearly.

UST: Yearly? And you also have listed a '67 Jaguar. Whose possession
is that Jaguar in?

AL: Um, Ms. Hegarty's.

UST: So you have no interest in that?

AL: Not any more.

UST: Are you current with your tax filings?

AL: Yes.

UST: And you show no monies owing any tax [inaudible]. Is that

AL: None.

UST: And you are current with the mortgage payments?

AL: Yes.

UST: You're not in default of any of your, um -

AL: No.

UST: -payments? Okay. Are there any creditors wishing to ask
questions of Mr. LaVey?

Jane Grieco (JG): Yes.

UST: Please come forward. Can you quickly state your name for the

JG: Certainly: Jane Grieco. Creditor Diane Hegarty. Morning, Mr.
LaVey. Uh, Mr. LaVey, you just said that you were current with your
mortgage. Is it a fact that there is no mortgage on 6114 California?

AL: That's correct. The property's paid off.

JG: And when was it paid off?

AL: Uh, I don't remember exactly. There are people here that would
have the records.

JG: Okay. And are you the only one who resides at 6114 California

AL: No, I'm not.

JG: Who else resides there?

AL: Uh, by name?

JG: Yes.

AL: Uh, Blanche Barton, Karla LaVey, Nancy Page, Anthony Fazzini,
Kenneth Anger.

JG: And do any of these people that you have just named pay any rent
or support or maintenance toward the property at 6114 California

AL: No.

JG: They all live there rent-free?

AL: That's correct.

JG: Okay. Um, does anyone else other than yourself rely on you for

AL: No.

JG: Okay. Um, Mr. LaVey, do you have a driver's license?

AL: Yes, I do.

JG: Do you own any cars?

AL: No.

JG: Do you lease a car?

AL: No.

JG: Do you rent a car?

AL: No.

JG: Do you use a car?

AL: Occasionally.

JG: And from where do you borrow that car?

AL: From whoever owns the car.

JG: Okay. Um, today did you arrive here in an automobile?

AL: Yes, I did.

JG: And whose car is that?

AL: It was Karla LaVey's.

JG: Okay, Mr. LaVey, pursuant to the lawsuit in which a judgment was
rendered in August of this year, based on that lawsuit there was an
agreement between you and the creditor Diane Hegarty over certain
jointly-owned personal property, is that correct?

AL: Yes, there was.

JG: Um, I notice in your bankruptcy petition that you do not list
any of that personal property. Um, what happened to that property,
or why was it not listed?

AL: I don't understand the question.

JG: Okay.

SB: I believe that there was property listed back in the petition.
Um, if you're talking about something other than furniture and
furnishings, please let us know, and we can address that more

JG: Okay, um, may I show the witness a property agreement?

UST: Sure. If you can just state for the record exactly what you're
showing him?

JG: Sure. Uh, I'm showing the witness a document entitled "Hegarty
and LaVey Agreement", signed by both parties - signed by Diane
Hegarty on April 26 of 1985 and signed by Anton LaVey on April 25,
1985; and I'd like to direct your attention to Attachment C.

UST: First of all I want to limit the time that we're asking
questions on this, since this is a -

AL: I am familiar with the list.

UST: But this is a piece of paper that is not filed with the court
and is not ... Is this agreement on file with the court?

JG: Yes, it is in the State Superior Court.

UST: But with the Bankruptcy Court?

JG: Um, it is part of our proof of claim, yes.

UST: Oh, part of your proof of claim, okay. Uh, if you could just
limit the time.

JG: Sure. I just wanted to ask you what happened to the property
that is described in Attachment C as jointly-owned personal

AL: Some of the property is no longer present or in existence. Other
items of the property are the property of other individuals, and,
uh, some of the property isn't worth, still valid.

JG: Um, that property that you say is in the custody or control of
other individuals. Um, who are those other individuals that have
access to this property?

AL: Well, they're numerous individuals, um, that the property has
either been owned by or that it's now in the hands of. I mean we
could make a list of -

JG: Well, I'll just -

SB: Could we see this list? Because -

JG: Sure.

SB: I haven't received a copy from the client, so I don't know what
we're talking about.

JG: This is it. Speaking of Section C, um, this is probably not the
place to go through each of these items point by point. My only
point is that when you signed this, you said that this was property
owned by you and Ms. Hegarty?

AL: That's correct. Uh, there was some discrepancy. Uh, I don't wish
to open the case in this particular forum, as I believe this is not
the place to discuss this.

SB: We'll be glad to go over this list with you.

JG: Okay, that's fine. In fact I have a few more questions. I notice
that you list as a liability an amount of $291,800, and I would like
to know how you arrived at that figure. It's on the Summary of
Schedules page. The eighth page in.

SB: Well, this - We did the best we could to go through the judgment
that you had and understand what was what, and, uh, that was our
understanding that part of Ms. Hegarty's claim was her one-half
interest in the property. So we listed, uh, what we perceived as the
unsecured portion of her judgment. That may be more or less money

JG: Okay, that's fine. Um, and I have just one last question. Um,
Mr. LaVey, how do you propose to satisfy the judgment against you
that is now held by Ms. Hegarty?

AL: In whatever way it can be feasibly handled and amenably
resolved. I do not have any specifics because I would not be here
today if I were in a position of solvency to, uh, meet these claims.

JG: Okay, that's fine. I have nothing further at this time.

UST: Do you have a card? I have a few other questions from the U.S.
Trustee's Office. Um, what is the full value of the California
Street property?

SB: We have gotten an estimate done, an appraisal by, uh, Prudential

UST: That's great. You can just give me an estimate.

SB: All right. Well, they had it after, uh, deduction for repairs
that would be required at $295,000.

JG: I'm sorry, what was that figure?

SB: $295,000.

JG: If it's at all helpful to the court, we also have an appraisal
of $420,000 for the property.

UST: Okay. And who was the appraisal done by?

SB: Uh, this was done by, uh, Prudential Real Estate Affiliates.

UST: Mr. LaVey, have you transferred any personal or real property
within the last year?

AL: No.

UST: And do you hold any, uh, property - real or personal property -
for any other persons at this time of any significant value?

AL: I wouldn't say substantial value.

UST: And do you have interest in any of these that you're holding
for anyone else?

AL: No.

UST: Okay. That concludes the questions. Are there any other
creditors wishing to ask questions of Mr. LaVey? Okay. Um, there are
reporting requirements, um, by the U.S. Trustee's Office. One of
them is that we need proof of a debtor possession account, showing
that you've closed your old bank accounts and opened up new debtor
possession accounts, um, proof of insurance on the residence, um,
any other property, and your tax returns. Other than that, those are
the only two reporting requirements that you're delinquent on. Also
you have to file operating reports. In view of the fact that you
might not have an income, we still need to have a cash-flow
statement and the questionnaire filled out and submitted every
month. If you have questions on those, give us a call. We'll help
you. Quarterly fees the same way. If you have a question on how to
calculate how those fees are dispersed and paid, we can help you on
that. But if you fail to file any one of those reporting
requirements, the U.S. Trustee's Office does go for a motion to
dismiss or convert the case. Okay?

AL: I understand.

UST: This concludes the case of Anton LaVey.

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