The Final Order of Binding Arbitration in my divorce case was filed December 8, 2003 while I was in the bankruptcy process (automatic stay time period), after my initial filing September 18, 2003)and prior to my discharge (January 27, 2004). On November 12, 2003 my bankruptcy attorney David Miller amended the bankruptcy filing to include the Final Order of Binding Arbitration division of property sale adding the sale of the Doral Circle property which was filed on December 8, 2003.. Bruce Ailion my ex-husband was not on the HUD-1 and was not listed as a Seller of the Doral Circle property. The Arbitrator, Resolution Resources Corporation received all funds from the sale shown on the HUD-1 closing statement and the sale was included in the Final Order of Binding Arbitration filed December 8, 2003.. My Final Order (of Binding Arbitration) found no fraud and stated I did not owe any child support, so I no reason to included my ex husband as a creditor. The Final Order of my divorce (Binding Arbitration award) did change my original divorce decree signed by Judge Adele Grubbs and took the control of the real estate company MBA Properties Inc. away from Bruce Ailion and gave it to me. That is why at the 341 Hearing the trustee stated that the Debtor (me) contends monies are owing her as a result of the divorce. The bankrupcy trustee Edwin Palmer, received all documents post hearing and included in his report March 31, 2004 and made contact with the Arbiter, Raye Rawls of Resolution Resources Corporation who stated in my federal bankruptcy case record that she believed I received all monies due me.
In violation of OCGA 9-9-13 the Georgia Binding Arbitration Code, Bruce Ailion filed a Second Motion of Contempt on June 3, 2004 regarding the Doral Property sale and mentions the Final Order of Binding Arbitration filed Dec 8, 2003. He did not file a Motion To Vacate the Final Order of Binding Arbitration (filed December 8, 2003) for fraud (or any other reason) within three months provision provided for in OCGA 9-9-13.
If there was an issue of fraud relating to the sale of Doral Court Property, which was sold by the Arbitrator and is contained in the Final Order Of Binding Arbitration, the proper motions were not filed and it was past the three month time frame allowed according to the Georgia Arbitration Code OCGA 9-9-13 below:
(a) An application to vacate an award shall be made to the court within three months after delivery of a copy of the award to the applicant.(b) The award shall be vacated on the application of a party who either participated in the arbitration or was served with a demand for arbitration if the court finds that the rights of that party were prejudiced by:(1) Corruption, fraud, or misconduct in procuring the award;
There was no motion filed to vacate or appeal the Final Order of Binding Arbitration in my divorce case and this was also past the three months time frame allowed.
My chapter 7 bankruptcy was left open by the trustee and was not closed until May 16, 2005, filed on May 18, 2005 below. Judge Grubbs Order of contempt was filed on October 19, 2004.
At the October 1, 2004 contempt hearing, on page 38 (lines 15-20) of the court transcript, my former husband Bruce Ailion told Judge Grubbs that "technically it's discharged (my bankruptcy case), but I understand the trustee is still investigating it based on his belief the veracity of Marla was not correct."