on Alan David Kosinski
It is human nature to always look for the worst in situations—especially when those ‘dirty’ situations relate to another human being.
I’ve found that over the years, those trying to discredit someone always seek out the weakest moments of their target’s lives and use that information inappropriately. These people are those who are themselves, distrustful, hateful, jealous of their target person. These negatives focus their own personal feelings of scorn or belittlement brought on by their own prejudices and bias toward their target.
Many people who have attempted to discredit me have brought up the case of my bankruptcy which involved a failed night-club operation. They seek out the case online and direct all the people they can to view and read the case [which is difficult at best to understand without a legal background]. Because of this ambiguity, most people reviewing the case follow the inaccurate interpretation of the negative hateful person who leads them down a false interpretation of the actual results. This is usually accomplished by pointing out certain sentences, paragraphs or quotes that, when taken out of context are inaccurate.
I have nothing to hide in my life. I have had my ups and downs. I have suffered greatly and enjoyed the best life has to offer. You can learn from my experiences, teachings, coaching, mentorships – all because I am willing to share the positives and the negatives of my abundant life.
If you desire to be voyeuristic, I’ll make it easy. You can read the case of my 2006 bankruptcy right here, following this introduction. Remember: 99% of the people reading will not understand the legalities involved.
I provide it to you for several reasons:
1. To show that I have nothing to hide and have no regrets.
2. To enlighten you to the fact that what is written in cryptic legalese can be easily mis-interpreted.
3. To have you take a different view and read between the lines. This is where you will be able to see in testimony by people and facts disclosed to the Federal Court that I have been [and continue to be] deeply involved in many aspects of real estate, owning and controlling hundreds of ‘Real Estate Trusts’, hundreds of ‘off record holding trusts,’ corporations, LLCs, properties, finances, teaching, educating, and helping others in their real estate education and business growth.
4. To show you that one attorney that had his Law License suspended for many years, upon being re-instated, was able to find ONE legal client and continue a legal battle for close to six years—all at the expense of his client who had to refinance his own house several times to pay the attorney’s bills, and who had to spend years in court to defend a loan of $75k, at a financial cost of hundreds of thousands of dollars.
This is yet another case that proves that in litigation the only people who win are the attorneys.
5. To show you a legal case so that you can witness that although in the end, through unusual circumstances including the death of my attorney, the plaintiff did receive a judgement. Unfortunately for him it is uncollectable. All his money, time, and effort was wasted. This is the asset protection methods that I teach. Those attacking you may win the case—but they lose money, time, and effort!
6. And most of all, to show you that because of this very well documented case, the knowledge and experience that I bring to the table can be easily used for your benefit. Trust me for the knowledge that can improve your life and protect your assets!
A brief synopsis of the trial, appeal, media attention, and results:
The Bankruptcy filing August 11, 2006 Boston Waves LLC and several Realty Trusts
Why did I file personally?
At the time of filing the corporate bankruptcy for the “Boston Waves” nightclub operation I had a personal credit score in the high 700’s and no personal debt.
The question that people always ask is: Why did I file a personal bankruptcy when the corporate bankruptcy would cover all the debts of the company, and the corporate veil was intact? The answer goes back to the way I used to do business: When anybody brought me a lead on a property for purchase, I would offer them one-third ownership in the property and any operation (i.e. businesses) that were associated with the property. The person who brought the deal to me through a broker friend was a 40-year-old man who lived at home in his parent’s basement. He was given one-third of this multi-million-dollar operation. Although he did not have any management position, did not contribute any cash, or other valuable consideration, did not have any education or knowledge of any such operation, and was not an operating ‘partner,’ he did have legal right to one-third of the net income – forever.
He became very disruptive in the operation of the property and the businesses that I operated there and was banned from coming onto or into the premises. He would still receive 1/3 of the net profits.
When the operation began to encounter problems, this man gained illegal access to the property and the business files. He took copies and lists of all of the 164 vendors involved in the operation. He then added fuel to the fire by contacting each vendor and giving them my full personal name, my home address, and my social security number—telling them to file claims against me personally along with the claim against the corporate bankruptcy.
Each claim that was filed against me personally had to be handled by my attorneys going to the courts and explaining the inappropriateness of the claim to the judge. In each case the claims were dismissed and referred back to the bankruptcy court. Each time this occurred it cost me between $3,000 to $6000 per false claim. After several of these dismissed cases, I had my bankruptcy attorney file a personal bankruptcy to avoid paying these legal fees.
About six years of continual court appearances by my attorneys, the plaintiff, and his attorney were devastating to the plaintiff. He had to be in court each day of the lengthy case and had to pay more and more legal fees. It was a little easier for me because I had to appear only occasionally when either my lawyer suggested it or the Judge required me.
When I was required to be present, the plaintiff and I would sit outside the courtroom, usually side-by-side, discussing many different topics—of course none concerning the case. He was a really nice, good guy. We enjoyed our discussions each time until we were called into the courtroom.
There are many discrepancies in the court’s summary document. One would be the much discussed 2003 business plan’s theoretical projected profits, which was improperly referred to as a “Profit and Loss Statement.” An actual Profit and Loss statement would be ‘after the fact’ with real numbers that were factual. All one has to do is compare the dates within the court’s summary document which would reveal that the mis-appropriately labelled “Profit and Loss” was actually only a theoretical projection prepared during the initial business planning stages. Again, a true Profit and Loss Statement can only be compiled after the fact with real numbers – not theoretical projected numbers.
If you should choose to read the whole court summary you will find that over ten of the thirty-one pages is used to continually justify this so-called ‘Profit and Loss Statement,’ which was nobody but the opposing attorney’s imaginary, insincere, and worthless rhetoric. To reiterate the previous paragraph, the document in question was actually only one page in a business plan that was formed in the planning stages – something any prudent business entrepreneur would use to formulate future income. Again, neither myself nor anybody else ever referred to this page as a Profit and Loss Statement except opposing counsel.
When an excellent, respected judge makes an error in judgment, which was what happened in my case, the only logical answer was appeal. The case was examined by a watchdog law group that published the Judges mistake to the entire law community – Nationally.
During the trial a copy of my Asset Protection Book was brought in as evidence. The judge was forced to read and examine the lengthy 200+ page book which took almost two months of her time. It upset her that a non-attorney was explaining the way that I use the law in very unique ways for my form of asset protection. Back in court, from the bench with me on the stand, she questioned me directly on many aspects of the book and attempted to discredit several parts. When I responded with appropriate answers, it became more upsetting to her. This was where her error in judgment began to occur.
Why the Widespread Media Attention?
Law firms across the country were watching this Federal Bankruptcy case because of the error that the Judge had made because of bias against someone other than an attorney showing people how he uses the law, trusts, corporations, and other means for asset protection.
It apparently became a much-watched case which may have had a large impact nationally in similar cases. The appellate justices eventually sent the case back to the original Judge for her to review and make appropriate changes. My understanding was that this was problematic for this honorable and respected judge because it became a two-edged sword. Whichever way she decided would become a loss for her by destroying her perfect record bringing future problems to her Judgeship, and/or possible legal action of inappropriateness of her previous decision against me.
After a lengthy time period and much discussion and compromise, my lawyer and his staff devised a solution that was agreeable to all parties, including the Judge, and the plaintiff and his attorney. Unfortunately, my attorney worked into the night one evening completing the required documentation. He died the night before submitting the final documents and his law firm ceased to exist – upon his untimely death.
Facing the cost of starting over again, retaining another attorney, and agonizing over possibly several more years, I decided not to move ahead, did not retain another attorney, and allowed the case to continue without me or any legal representation.
After many months, by default, the judge had no choice but to approve a judgment against me. These actions also allowed the Judges good reputation to remain intact. The plaintiff ‘won’ the case by default. They won a judgement that is and will forever be – uncollectable.
As previously mentioned, the plaintiff was really a nice, good guy. He was a highly-educated engineer that chose an attorney that took a lot of money from him for a case that he would lose – even though he ‘legally’ won.
Although we spoke often outside the courtroom, my lawyers would not allow me to talk to him about the case once he filed it against me. Incidentally, before this bankruptcy was filed, he had taken my Asset Protection Course & Seminar—he should have known better. We could have worked out a settlement which would have saved him years of court appearances and over a hundred thousand dollars in legal fees.
In summary, I invested $1,978,000 of my own cash and received about $350,000 in loans from other people including the plaintiff’s $75,000 in this beachfront nightclub/restraint/comedy club/pool hall, boardwalk/parking lot project. The bankruptcy court settled with Snoop Dogg for his non-performance, by receiving $12,000 of the $50,000 cost of the debacle, which in part lead to the ultimate failure of the endeavor.
As many people who have taken my seminars, courses and home-study courses know, I do not use credit to buy properties, nor do I rely on credit the way most Americans do. I really have no use for credit or credit cards, so my life and lifestyle continued unchanged.
I do have a high credit score once again, I do have several personal credit cards, and I continue to acquire real estate, notes, cars, and other assets – NOT IN MY PERSONAL NAME!
Furthermore, I teach people how I use legal vehicles such as Trusts, Corporations, and Limited Liability Companies (LLCs) for asset protection. This whole case was the greatest test to prove that the methods that I use work very well.
If you are already in the real estate business or if you are planning to be in it, be fair-warned: Any aspect of this wonderful business hovers around the lawyers…It is a very highly litigious business. Expect to get sued even if you only have a few dealings. Don’t buy any real estate in your own name – ever…and if you become as secure as me, that is to be judgement-proof, don’t own any property of any sort in your own name including vehicles such as cars, boats, motorcycles, furniture, electronics, stocks, investments, bank accounts, businesses of any kind, and of course real estate.
If you want all the details, the following links contain the long legal case, along with the appeal and final judgement. As I said before, I have nothing to hide, everything to give. The case is actually very boring and hard to follow, and extremely confusing, but here if you choose to indulge.