United States Bankruptcy Court
Northern District of California
Chapter 11 Case No. 91-34251TC, RS No. 92 0028 TC
In Re: Anton LaVey, Debtor
Social Security #552-44-5584
SUPPLEMENTAL DECLARATION OF JANE GRIECO AND ELIZABETH BENFORD
IN SUPPORT OF RENEWAL OF MOTION FOR RELIEF FROM AUTOMATIC STAY
Date: February 24, 1992
Time: 9:00 AM
Place: 295 Pine Street Courtroom, 23rd Floor
We, Jane Grieco and Elizabeth Benford, declare as follows:
1. That we are attorneys licensed to practice before all the
of the State of California, and counsel for the moving party and
creditor herein, Diane Hegarty, who holds a recorded one-half
interest in the property. A copy of the deed is attached hereto as
2. On February 5, 1992 this court ordered the debtor to list
property for sale with a multiple listing and a San Francisco County
broker by February 24, 1992.
3. Immediately following the hearing on February 6, 1992, we
contacted debtor's counsel to arrange an inspection of the property
on February 12, 1992. We also suggested other realtors to be
contacted to view the property. We were informed that the 12th was
not a convenient date, and the soonest we could view the property
was February 18, 1992.
4. On February 18, 1992 we viewed the subject property for the
time. We were accompanied by Liz Maloney, a real estate agent with
Re/Max Realty, who had previously provided a drive-by appraisal of
the subject property for us.
5. The house reflects the lifestyle of the last 20 years as
Church of Satan. All maintenance has been deferred, and the property
is in filthy and deteriorating condition. There is substantial doubt
whether the property in its present condition could pass building,
fire, and/or safety codes.
6. Further the entire property is filled with books, icons,
artifacts, and memorabilia connected with the Church of Satan,
including a crystal skull and shrunken head. The lighting is
deliberately subdued, the walls are painted black or red, the odor
is oppressive, and cobwebs and dust abound.
7. Our impression of the property after inspection was
Ms. Maloney, who indicated to us that in its present state the
property had no rental value whatsoever since it is not in habitable
condition. The kitchen and baths are unusable, there is substantial
structural and renovation work which needs to be done in addition to
interior and exterior painting, the windows need to be uncovered to
allow light in, and there is no heat. Further the property cannot be
shown in its present state until the debtor vacates and takes all
his personal property with him.
8. The condition of the property when we viewed it leads us to
believe that the debtor is deliberately defying the underlying
spirit of this court's order that the property be listed by February
24, 1992. Given the unique nature of this property, the debtor was
well aware that selling the property would require that it be shown
to prospective buyers and would require a "unique" approach as well
as some elbow grease before that could occur, but he failed to take
any steps whatsoever to prepare the subject property to be listed.
9. Karla LaVey, who is the debtor's daughter as well as a real
estate agent, had expressed an interest in listing the property, but
the creditor is opposed to this idea. By the time of the inspection,
Ms. LaVey had taken no steps to clean the property or arrange for it
to be shown despite her call to our office on February 6, 1992 that
she would be preparing a listing on the property. It is apparent
that Ms. LaVey has no interest in seeing that this property is sold
or put in marketable condition.
10. Due to the condition of the property, the creditor's
position is deteriorating and the collateral is decreasing in value.
The debt is increasing through the accrual of interest at the rate
of $146.95 per day.
11. It is necessary that action be taken to oust debtor and
personal possessions from the property immediately, to store all
jointly-owned personal property, and to prepare the property for the
market if any value is to be realized from it.
12. At the creditor's meeting on December 10, 1991 the debtor,
LaVey, testified under penalty of perjury that some of the jointly-
owned property which is subject to enforcement under the state court
judgment of August 1991 has been given to others or no longer
exists. Since that hearing we have made several requests of debtor's
counsel that the debtor identify all the jointly-owned personal
property which no longer exists or has been given away. To date we
have had no response to this request. Debtor is mismanaging and
wasting the jointly-owned property, both real and personal, in an
attempt to keep creditor from receiving any portion of those assets.
13. The debtor has made no payments nor made any offers of
to adequately protect creditor in this matter. In fact all of his
actions have been taken to prevent creditor from receiving her
portion of the jointly-owned property.
14. Creditor requests that debtor:
-- A. make adequate protection payments of $1,200/month to her
-- B. immediately vacate the premises, taking all personal
possessions with him, and immediately prepare the property for
listing, taking all reasonable steps to arrange a brokers' tour
within 15 days of the date of this hearing;
-- C. immediately store all jointly-owned personal property
appraisal can be arranged;
-- D. immediately provide creditor with a written
the location and sales price of each and every item listed on
Schedule #C of the Hegarty-LaVey Agreement.
We declare under penalty of perjury that the foregoing is true
correct, and that this declaration was executed at San Francisco,
California on February 21, 1992.
/s/ Jane Grieco, Attorney for Moving Party
/s/ Elizabeth Benford, Attorney for Moving Party
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