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May 17, 2009 at 5:10 pm #6968WillMember
http://www.supremelaw.org/cc/fox2/insolvency.htm
Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, 18 U.S.C. 1964(a)
c/o Forwarding Agent
7115 N. Division St. #B-354
Spokane 99208
WASHINGTON STATE, USA
Fax: (509) 466-4999 (use cover sheet)
All Rights Reserved
Without Prejudice
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF WASHINGTON
In re: Roland and Virginia Fox, ) Bankruptcy Case No. 07-00105-PCW7
)
Debtors, ) Adv. Proceeding No. 09-80003-PCW
)
Anthony E. Grabicki, )
)
Plaintiff, )
)
Roland R. Fox et al., )
)
Defendants. )
))
United States ) DECLARATION OF INSOLVENCY AS TO
ex relatione ) OBLIGATIONS PAYABLE TO THE
Paul Andrew Mitchell, ) FEDERAL RESERVE BANKS:
) 11 U.S.C. 362;
Interpleader. ) 12 U.S.C. 411 (obligations);
) 28 U.S.C. 1335, 1397, 2361;
) Bankruptcy Rule 7022; and,
__________________________________) FRCP Rules 20 and 22.
TO WHOM IT MAY CONCERN:
The United States ex rel. hereby notoriously interpleads in the above entitled case for the purpose of formally declaring insolvency as to obligations allegedly payable to the Federal Reserve Banks.
Said obligations have been tentatively identified to include all United States Government securities of which the Federal Reserve Banks are presently holders in due course, including but not limited to all evidence(s) of such alleged indebtedness presently in official records now in the legal custody of the Bureau of the Public Debt in the United States Department of the Treasury in Washington, D.C. The Internet website of said Bureau of the Public Debt is here:
http://www.publicdebt.treas.gov/
In addition, it is the position of the United States ex rel. that said indebtedness should be identified to include all Federal Reserve Notes (“FRN”) currently in circulation anywhere on planet Earth, due to the fraudulent origins of all such FRNs: they are not “Federal”, there is no “Reserve”, and they are not Promissory “Notes” because the Federal Reserve Banks now refuse to redeem them in gold or silver.
To avoid confusion and unnecessary legalisms here and elsewhere during all future proceedings in the instant case, the United States intends to simplify the stated objectives of this DECLARATION.
To that end, the United States desires to achieve the requisite reorganization by instituting a well publicized public program for exchanging all FRNs one-for-one with United States Notes duly issued by the United States Department of the Treasury. That exchange is to occur at qualified banks and other qualified financial institutions without the need to produce any personal identification, and without the need to complete Cash Transaction Reports (“CTR”) of any kind.
FRNs in possession of the public at large will be treated in a manner similar to bearer bonds: if an individual is in possession of one or more FRNs, the qualified banks and other financial institutions will be permitted to presume that said individual(s) have an absolute right to those possessions. This policy is expected to accelerate the recall and ultimate destruction of all FRNs, no exceptions.
AUTOMATIC STAY: 11 U.S.C. 362
It is also the intent of the United States for this DECLARATION to effect the automatic stay authorized by pertinent statutes in the bankruptcy laws of the United States, as authorized by Article I, Section 8, Clause 4, in the Constitution for the United States of America, as lawfully amended. See Title 11 of the United States Code, and its implementing Regulations, for governing details.
This automatic stay is intended to bar any and all Federal Reserve Banks henceforth from any and all further efforts to collect from the United States, or from the People at Large, either the principal or interest amounts previously owed by the United States to the Federal Reserve Banks.
This intent necessarily also bars the Internal Revenue Service from performing, or claiming any authority to perform, any further collections of income taxes allegedly imposed by subtitle A of the Internal Revenue Code. See IRS Restructuring and Reform Act of 1998.
It is now a well established fact that Congress never enacted any Statute(s) at Large creating a specific liability for taxes imposed by subtitle A of the Internal Revenue Code. By comparison, Congress has enacted Statutes at Large creating specific liabilities for taxes imposed by subtitles B and C of the Internal Revenue Code. On this key point, see 26 CFR 1.1-1(b) and Commissioner v. Acker, 361 U.S. 87, 4 L.Ed.2d 127, 80 S.Ct. 144 (1959), quoting in pertinent part:
But the section contains nothing to that effect, and, therefore, to uphold this addition to the tax would be to hold that it may be imposed by regulation, which, of course, the law does not permit. United States v. Calamaro, 354 U.S. 351, 359; Koshland v. Helvering, 298 U.S. 441, 446-447; Manhattan Co. v. Commissioner, 297 U.S. 129, 134.
[bold emphasis added]
INCORPORATION OF EXHIBITS
Interpleader now attaches true and correct copies of the following Exhibits and incorporates same by reference, as if set forth fully herein, to wit:
Exhibit Description
A Lewis v. United States, 680 F.2d 1289 (9th Cir. 1982)
B NOTICE OF INTENT FORMALLY TO DECLARE INSOLVENCY AS TO
OBLIGATIONS PAYABLE TO THE FEDERAL RESERVE BANKS (3/4/2009)
C “Return to Constitutional Money,” by Dr. Edwin J. Vieira, Jr.
transcript of lecture at Denver, Colorado (8/30/1991)
D 2 Am.Jur.2d, page 129 (1962), Administrative Law,
Section 301, Particular applications (cf. Footnote 2)
E Press Release: “U.S. Secretary of the Treasury Falls Silent
in Face of SUBPOENA for Tax Liability Statutes” (11/7/2002):
1. SUBPOENA IN A CIVIL CASE (PAST DUE and now IN DEFAULT)
2. Directions for Delivery of Documents required by SUBPOENA
3. U.S. Postal Service Registered Mail Receipts (2x)
4. PROOF OF SERVICE of SUBPOENA IN A CIVIL CASE (9/14/2002)
5. PS Form 3811, Domestic Return Receipt (green card)
6. Courtesy Reminder to Hon. Paul H. O’Neill (10/15/2002)
F NOTICE AND DEMAND FOR PRODUCTION OF DOCUMENTS (2x IN DEFAULT)
To: Frank L. Kurtz, U.S. Bankruptcy Court, Spokane, Wash.
G NOTICE AND DEMAND FOR PRODUCTION OF DOCUMENTS (2x IN DEFAULT)
To: John A. Rossmeissl, U.S. Bankruptcy Court, Spokane
H NOTICE AND DEMAND FOR PRODUCTION OF DOCUMENTS (2x IN DEFAULT)
To: Patricia C. Williams, U.S. Bankruptcy Court, Spokane
I NOTICE AND DEMAND FOR PRODUCTION OF DOCUMENTS (1x IN DEFAULT)
To: Anthony E. Grabicki dba Chapter 7 Trustee, Spokane
J NOTICE AND DEMAND FOR PRODUCTION OF DOCUMENTS (2x IN DEFAULT)
To: Robert D. Miller dba Assistant U.S. Trustee, Spokane
K “Obama Must Stand Up Now Or Step Down,” by Edwin J. Vieira,
Jr., at NewsWithViews.com (October 29, 2008)
VERIFICATION
I, Paul Andrew Mitchell, Sui Juris, hereby verify, under penalty of perjury, under the laws of the United States of America, without the “United States” (Federal government), that the above statement of facts and laws is true and correct, according to the best of My current information, knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1). See Supremacy Clause (Constitution, Laws and Treaties are all the supreme Law of the Land).
Dated: March 31, 2009 A.D.
Signed: /s/ Paul Andrew Mitchell
______________________________________________
Printed: Paul Andrew Mitchell, Private Attorney General
All Rights Reserved without Prejudice
PROOF OF SERVICE
I, Paul Andrew Mitchell, Sui Juris, hereby certify, under penalty of perjury, under the laws of the United States of America, without the “United States” (Federal government), that I am at least 18 years of age, a Citizen of ONE OF the United States of America, and that I will personally serve the following document(s):DECLARATION OF INSOLVENCY AS TO
OBLIGATIONS PAYABLE TO THE FEDERAL RESERVE BANKS:
11 U.S.C. 362; 12 U.S.C. 411 (obligations);
28 U.S.C. 1335, 1397, 2361;
Bankruptcy Rule 7022; and, FRCP Rules 20 and 22
by placing one true and correct copy of said document(s) in first class United States Mail, with postage prepaid and properly addressed to the following:
Clerk of Court (3x) Office of the Speaker
U.S. Bankruptcy Court U.S. House of Representatives
P.O. Box 2164 Washington 20515
Spokane 99210-2164 DISTRICT OF COLUMBIA, USA
WASHINGTON STATE, USA
Mr. and Mrs. Roland R. Fox Office of the President
c/o Forwarding Agent United States Senate
7115 N. Division St. #B-354 Washington 20510
Spokane 99208 DISTRICT OF COLUMBIA, USA
WASHINGTON STATE, USA
Mr. Anthony E. Grabicki Mr. Robert D. Miller
dba Chapter 7 Trustee dba Assistant U.S. Trustee
601 West Riverside #1500 920 West Riverside #593
Spokane 99201 Spokane 99201
WASHINGTON STATE, USA WASHINGTON STATE, USA
Secretary of the Treasury Clerk of Court
U.S. Department of the Treasury Supreme Court of the United States
1500 Pennsylvania Avenue, N.W. One First Street, N.E.
Washington 20220 Washington 20543-0001
DISTRICT OF COLUMBIA, USA DISTRICT OF COLUMBIA, USA
Federal Reserve Bank, Boston Federal Reserve Bank, New York
P.O. Box 55882 33 Liberty Street
Boston 02205 New York City 10045
MASSACHUSETTS, USA NEW YORK STATE, USA
Federal Reserve Bank, Philadelphia Federal Reserve Bank, Cleveland
Ten Independence Mall P.O. Box 6387
Philadelphia 19106-1574 Cleveland 44101-1387
PENNSYLVANIA, USA OHIO, USA
Federal Reserve Bank, Richmond Federal Reserve Bank, Atlanta
P.O. Box 27622 1000 Peachtree Street, N.E.
Richmond 23261 Atlanta 30309-4470
VIRGINIA, USA GEORGIA, USA
Federal Reserve Bank, Chicago Federal Reserve Bank, St. Louis
230 South LaSalle St. P.O. Box 442
Chicago 60604 St. Louis 63166-0442
ILLINOIS, USA MISSOURI, USA
Federal Reserve Bank, Minneapolis Federal Reserve Bank, Kansas City
90 Hennepin Avenue 1 Memorial Drive
Minneapolis 55401 Kansas City 64198-0001
MINNESOTA, USA MISSOURI, USA
Federal Reserve Bank, Dallas Federal Reserve Bank, San Francisco
2200 N. Pearl St. 101 Market Street
Dallas 75201 San Francisco 94105
TEXAS, USA CALIFORNIA, USA
Board of Governors of the Federal Reserve System
20th Street and Constitution Avenue, N.W.
Washington 20551
DISTRICT OF COLUMBIA, USA
Dated: March 31, 2009 A.D.
Signed: /s/ Paul Andrew Mitchell
______________________________________________
Printed: Paul Andrew Mitchell, Private Attorney General
All Rights Reserved without Prejudice
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