Marlene Fearing, CEO and Officer of

Inglewood Womans Club

1343 E. Stoney Canyon Circle
Oro Valley, AZ 85737
Phone: 952-451-2204
Email: mfear5741@aol.com
IN THE UNITED STATES BANKRUPTCY
FOR THE DISTRICT OF ARIZONA
Proceedings Under Chapter 11
In Re:
Case No. 4:15-BK-04005-SHG
4:15-AP-00658-SHG
INGLEWOOD WOMANS CLUB
INC.
Debtor
_______________________________

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MARLENE FEARING, CEO AND

OFFICER OF INGLEWOOD WOMANS
CLUB, INC. and LARGEST CREDITOR
FILES THIS ADDENDUM TO
ADVERSARY COMPLAINT AND
REQUEST FOR INVESTIGATION
AND ORDER FOR PROTECTION

PLEASE TAKE NOTICE that Marlene Fearing, the largest creditor, CEO and Officer of the
Inglewood Womans Club (the Club) hereby files an ADDENDUM to the Adversarial
Complaint filed before this court on August 5, 2015, Pursuant to Bankruptcy Rule 7001 and
7003, to discharge illegal claims achieved through theft by fraud, deceit and collusion (Claim
filed by Cunningham and Pacheco on behalf of Stoney Canyon Homeowners Association
(HOA) with the aid of the Clubs own legal counsel Barry Rorex who participated in the theft
by fraud. The conduct of Barry Rorex goes outside the scope of attorney malpractice as his
deeds were deliberate and intentional to facilitate Mr. Pacheco with his theft of the property.
Fearing had prepared all of the discoveries requested by the Court and submitted them to Mr.
Rorex for presentation to the State Court. Not only did Mr. Rorex not submit the evidence to the
Court, he failed to even attend the Hearing and the court had no option but to rule in favor of the
HOA. Fearing was just recently informed of this by other attorneys who reviewed the case.
At this point, given the feedback that Fearing has received from attorneys that she consulted
with in search for legal representation to defend the Debtor in the Chapter 11 Bankruptcy,

Fearing has discovered that former counsel, Snell and Wilmer did more to harm the club than
good. Therefore, as a major creditor of the Debtor as well as its CEO, Fearing wishes to include
Snell and Wilmer in her Adversarial Complaint in not only challenging their legal fees but their
illegal tactics by participating in depleting the Clubs assets. Their use of fraudulent tactics in
embracing the criminal and political games initiated against Fearing, which targeted the assets of
the Club, simply because Fearing was the Debtors CEO are now known; thanks to honest
attorneys who pointed this out to Fearing. As was the case with former legal counsel Barry
Rorex, the conduct of Snell and Wilmer (Mr. Ben Reeves, who was never hired by the Debtor)
are outside the scope of attorney malpractice and therefore, need to be investigated because their
deeds were deliberate and intentional to collaborate in defrauding the Club of its assets.
1.

On August 18, 2015, this court indicated that it would permit Ms. Fearing an

opportunity to address her Adversarial Complaint and Request for Investigation and
order for Protection on the next scheduled court hearing of September 22, 2015.
2. The court also requested that Ms. Fearing obtain legal counsel for the Club by
September 2, 2015.
3. Ms. Fearing has interviewed no less than 24 law firms from Tucson, Mesa, Scottsdale,
Tempe and Phoenix, Arizona; and was unable to find legal counsel that would fit the
requirements necessary in this bankruptcy to protect the Debtor in this action.
4. The primary reasoning for declining representation were similar comments most
frequently stated by bankruptcy legal counsel as follows:

The corporate entity cannot receive any judicial fairness until the political
posturing is removed from this case; it has become too tainted and corrupted
by that process.
The reorganization plan cannot be implemented until the underlying issues of
fraud and other illegal conduct have been addressed by the Court.
This case appears to be more about Marlene Fearing than the Debtor, the
Inglewood Womans Club and why did Trustee allow that to happen?
This case is simply too confusing as to why nothing was done to aid the Club as
there was certainly sufficient hired legal counsel involved.

Snell and Wilmer certainly did the Club no favors and they should have
addressed the theft by fraud immediately rather than attempting to cover
it up thereby, further tainting the case. They did more harm than good.
The Minnesota interference tainted the bankruptcy case and an
investigation as to why such action was initiated and permitted without
grounds or jurisdictional mandate to interfere in the first place.
They found it very disturbing that a California Superior Court Judge
refused to release the funds to the Tucson Bankruptcy court belonging to
the Club; and even more disturbing as to why the Trustee did not make
demands to have the money returned to the Clubs bank account through
immediate court action rather than having the debtor pay Snell and
Wilmer to attempt to accomplish that.
This case is beyond fixing and maybe the best thing to do is to file for a
dismissal and re-file for a Chapter 11 all over again, but even that may
not solve the problem without first remedying the ongoing theft by fraud.
This case is a Complete Disaster and no attorney in his right mind
would take the case until action by the Court to investigate and prosecute
the source of criminal conduct.
I have never seen a Chapter 11 case this mishandled.
No attorney will take a case whereby, there are no monies available. The
$14,000 should have been placed in the account immediately. Snell and
Wilmer should have filed a request with the Trustee or the Court to have
that money immediately transferred to Tucson Bankruptcy court rather
than charging the Club $35,000 to litigate it in California. There was no
need for that other than to generate unnecessary attorney fees.
Why was the house targeted when there was a $200,000 agreement
(between the Club and the thieves) that comes due in just a few months
that appears to be simply ignored from the Chapter 11 Bankruptcy
process?
If Fearings claims are true, further theft of Debtors money during a
bankruptcy proceeding without intervention by the Trustee, should
necessitate the FBI to investigate such conduct.
5. Fearing contacted the Trustee on many occasions requesting his assistance to no avail.
6.

Given the above statements, the Debtor is at the mercy of the court to find some judicial
remedies as the issues surrounding this case are outside the boundaries of the Clubs ability
to receive any justice and defend itself from such an attack - political retribution (once
again using courts for fraudulent activity ) against the Clubs CEO, Marlene Fearing
for the role she played in exposing corruption in Minnesota by the States highest ranking

cop, Andrew Luger, Minnesota U.S. Attorney, who deems himself to be above the law and
can do so with impunity. He has been responsible not only for the illegal conduct directed at
the Inglewood Womans Club in Minnesota, Wisconsin, California and now Arizona whereby
he repeatedly used dishonest attorneys, Courts, both State and Federal to sanitize his
corruption. His tagging of court cases in California State Court, Arizona State Court and now
this case is exemplary of that. His fury and attacks on Fearing have escalated since July,
2014, when Fearing identified him as the perpetrator of all the attacks against her in
Minnesota as well as on her personal filing for bankruptcy before the Honorable Kathleen
Constantine, St. Paul, Minnesota Bankruptcy Court. The Judge made it known that her
courtroom would not be used for political games and that she was not happy with the conduct
of the Trustee or the U S Attorneys office; whereby she not only scolded them but stated
quite emphatically that she would not tolerate such conduct in her courtroom.
7. An investigation for theft by fraud is necessary.
A. The reorganizational plan cannot be completed by attorneys for the Club until a
determination is made by the court as to the criminal complaint alleged by largest creditor and
CEO of the Club. Can a claim achieved by a theft by fraud upon the State court be legally
presented fraudulently before a bankruptcy court for collection?
B. In the initial filing for Bankruptcy Protection under Chapter 11, it was immediately
disclosed to Snell and Wilmer and the court that the Club was a victim of theft by fraud which
necessitated the need to file for Bankruptcy to save the Clubs asset (which was to serve as a
convalescing retreat for veterans) the house at 1343 E. Stoney Canyon Circle, Oro Valley,
AZ 85737. There was no follow up by our legal counsel, Snell and Wilmer to not only object to
the outrageous fees charged by the law firm of Cunningham, Pacheco, but to ascertain the
validity of the judgment and subsequent sheriff sale. The Club was never notified of any
judgment, foreclosure or sheriff sale. Snell and Wilmer subsequently chose to abandon their
duty to the Debtor and engaged in conduct adverse to the best interest of the Debtor.
. C. The court must look at the entire picture as to what is transpiring.

The theft of the Clubs money was achieved in part by the organized collusion to rid Fearing of
all assets, even if they werent all her assets. Most of the money that Fearing used to fund the
Club (after the bank account was stolen) was money she had borrowed. The borrowed money
was used to fix the house and defend the lawsuit in California. All of the money belonging to
our veterans $550,000.00 has thus far been stolen and used to assist the persons responsible
for the theft in purchasing a leasing business as well as feeding dishonest and corrupt
attorneys in Minnesota, California, and now Arizona using the same modus operandi
illegal court proceedings to sanitize criminal activity as used against Marlene Fearing in
Minnesota in the racial and gender discrimination litigation.
D. The Club is an innocent party being victimized by those who are targeting and
retaliating against Marlene Fearing for her blowing the whistle on crimes perpetrated by
individuals working for the Government in Minnesota who are engaging in illegal acts and
using their powers outside the scope of their authority. The Inglewood Womans Club Debtor
in possession is facing the same evil political retribution that was perpetrated against its CEO,
Marlene Fearing for exposing criminal conduct in Minnesota by a high ranking political figure,
Mr.Andrew Luger, Minnesota U S Attorney.
The fact that he refused to cooperate with Wisconsin State law enforcement in
prosecuting the theft in Minnesota, tagged the Interpleader case in California and
involved in Arizona State litigation by the Cunningham, Pacheco Law firm and
requested that the bankruptcy trustee in Arizona tag this file is added proof of his
unclean hands. He had no jurisdictional mandate to intervene in any of those
matters involving a charitable non-profit including this chapter 11 filing in Tucson.

Crimes committed against the Club in Minnesota:

The theft of the assets of the Inglewood Womans Club was initiated in Minnesota and has now
come full-circle with the involvement of the Minnesota U. S. Attorney Tagging this file and
interjecting his influence as to the outcome of the Chapter 11. The theft of the Inglewood
Womans Club assets began in Minnesota by attorney Lucas Thompson (drafted and falsified
documents for Sandra Bescheinen and submitted them to California Secretary of State as well as

to JPMorgan which aided in the theft of the money.) Bescheinen would not have been able to
steal the money from JPMorgan without those falsified documents drafted by attorney Lucas
Thompson. He should have minimally been charged with being an accomplice, but the
Wisconsin prosecutor lacked jurisdiction in Minnesota to prosecute (now a federal jurisdiction)
and Mr. Luger, Minnesotas U.S. Attorney refused to charge him or participate in any criminal
investigation or prosecution. No doubt for the same reason he refused to prosecute the racial and
gender discrimination case in Minnesota - he was the instigator. Persons charged with the theft
are now demanding answers as to why they are the only ones charged with the theft, when not
only were they advised to do what they did but also aided in drafting the documents to purchase
a truck leasing business with money stolen from the Club. Now efforts to calm the waters and
protect the thieves are very much the order for the day by making the agreement that they made
to pay back $203,000 to the Club to stay out of jail - to simply go away. If the Club were to
cease to exist with a little help from the Trustee with a Chapter 7, so would the debt they owe to
the Club. *A perfect crime and nobody does any time.

Crimes committed against the Club in California:

After the money was stolen, Minneapolis attorney, Lucas Thompson referred Bescheinen to
Attorney Robert Rabbat in Los Angeles to aid in the cover up of Bescheinens theft by filing a
claim to the Interpleader funds belonging to the Club. After Bescheinen emptied the Clubs bank
account and transferred the money to another JPMorgan Bank in Wisconsin, with the exception
of $14,200 JPMorgan filed an Interpleader with the Los Angeles Superior Court claiming they
didnt know who the correct officers were for the Club. (That information was available to them
by just a click away on the computer to the California Secretary of State, but a tremendous
excuse to avoid tort liability and other legal damages to the Club).
The litigation was a 3 year process. The first two judges ruled according to the Rule of Law
but each one was dismissed at the point in time that they agreed with Fearing that perjury and
fraud were committed based on the evidence Fearing provided. Subsequently the case was
assigned to Judge Ernest Hiroshige (Same judge now refusing to release the $14,000 interpleader
funds to the Tucson Bankruptcy Court Money belonging to the Inglewood Womans Club),
All evidence previously submitted by Fearing to the court prior to assignment to Judge
6

Hiroshige, magically disappeared from court files (same scenario as in the Minnesota courts).
Judge Hiroshige refused to allow Fearing to present any evidence to the court, claiming she
needed an attorney. Fearing had every right to appear pro se because she was personally named
in the Interpleader lawsuit. Fearing filed a Writ of Mandate for removal twice on Judge
Hiroshige and he ruled twice on his own writ and refused to recuse himself. A clear violation of
Rule of Law as well as Case Law regarding such a Writ. If Bescheinen had not been charged
with the theft by Wisconsin authorities and forced to make an agreement with the Club to cease
all litigation, cease all claims for funds and structure a plan for repayment of some of the stolen
funds to avoid prosecution; there is no doubt that Judge Hiroshige would have given Bescheinen
full control of the Inglewood Womans Club, according to a plan schemed by her legal counsel
to escape prosecution. The only evidence allowed in was evidence provided by her attorney,
Robert Rabbat who repeatedly presented perjured and false documentation to the court claiming
that Bescheinen was an officer with no evidentiary support for such a claim. (Even if she had
been an officer, that still would not entitle her to steal the money). Bescheinen had paid her
attorney $164,000 in attorney fees belonging to the Club to file his fraudulent claim when he
knew full well that he was aiding and abetting the cover up of a crime embezzlement of a half
million dollars of money earmarked for Veterans. From California, the theft of the Clubs assets
moved on to Arizona (the property earmarked for convalescing veterans).

Crimes committed against the Club in Arizona:

The litigation initiated against the Club by the Cunningham and Pacheco Lawfirm on behalf of
Stoney Canyon Homeowners Association was never about dues owed by the Club, but rather
Marlene Fearing as the Clubs CEO. Mr. Pacheco made it known that Fearing was the target as
he addressed the HOA members, repeatedly attacking and slandering Fearings character and
making references to the Minnesota Connection. There has never been a foreclosure at the
Stoney Canyon Complex because of delinquent HOA dues. It is the Debtors position that the
lawsuit initiated against the Debtor was initiated to steal the property. Mr. Pacheco instructed
the HOA to refuse to negotiate with the Debtors CEO to resolve a dispute that should have
never reached a courtroom. The HOA dues were approximately $2,400 with the Debtor claiming
$8,500 as an offset for damages due to the HOAs refusal to honor its own CCRs and provide
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maintenance to the Debtors property. The need for the Debtor to file for a Chapter 11 was due
to the unlawful attempt by Mr. Pacheco with the aid of the Clubs own legal counsel Barry Rorex
who participated in the theft by fraud. Mr. Pacheco would have been paid his bogus $43,000
attorney fees on a $2,400 HOA claim, if not for his outrageous conduct in obstructing the sale of
the property. That in itself clearly shows that the motive all along was to steal the house. The
conduct of Barry Rorex goes outside the scope of attorney malpractice as his deeds were
deliberate and intentional to facilitate Mr. Pacheco with his theft of the property. Fearing had
prepared all of the discoveries requested by the Court and personally delivered them to Mr.
Rorex for presentation to the State Court. Not only did Mr. Rorex not submit the evidence to the
Court, he failed to even attend the Hearing and the State court had no option but to rule in favor
of the HOA.
IMPORTANT FACTS:
The vindictive and arbitrary assaults on Fearing has only escalated as Fearing was a
marked woman and blackballed no matter where she went. Fearing should have been
protected by Whistle blower protection law, but the opposite took place. Fearing was
followed and had constant surveillance in every aspect of her life, personal and business.
There is only one person who had that kind of motive and unchecked power . Mr. Luger
who used his position for a personal vendetta to destroy Fearing and anything and
everything that was associated with her. To allocate this kind of resources (expense to
taxpayers) to stalk, harass and monitor the activity of one individual for 15 years, who has
never been accused or charged with any crime speaks to the evil of this monster.
Fearing is requesting the court to consider the following issues to protect the Debtor who is
being victimized by vicious and illegal attempts to eviscerate the Club (a charitable nonprofit whose assets were ear-marked for veterans). The attacks on the Club were never
about the Club itself, but rather Marlene Fearing, its CEO that stood up to an evil tyrant in
Minnesota and exposed his corruption. Mr. Luger is not acting as a man of law, but rather
as a criminal who should be prosecuted for his corruption.
1
2
3
4
5

Call for an independent investigation of the above described matters. These are federal crimes
being conducted right under the eyes of the court.
There is compelling evidence to suggest that Mr. Andrew Luger also orchestrated an
embezzlement of the Clubs funds through bank withdrawals and tax fraud.
When the above is adjudicated by the Court, the Club will have an attorney who will file a
reorganization plan.
The criminal aspect of this case must be addressed prior to any reorganization of the Club can
proceed.
Issue a protection order for Fearing due to recent escalation of attacks upon her.

Fearing has no chance of any fairness or equity because the well is already poisoned by the
Minnesota connection, (Mr. Andrew Luger) before Fearing has any opportunity to give
testimony. That was true in California, Minnesota and now Arizona. Fearing at this point is
fearful for her life as stalking and harassment has escalated recently. There seems to be no
boundaries or end to Mr. Lugers madness and Fearing considers him to be a very
dangerous and psychotic individual. Clearly, only a madman would do things like this?
It is not possible to make this stuff up as evidence is compelling by witnesses who observed
this behavior as well as documented evidence.
6

Therefore, the Club will be asking the court for the following:

A. A complete investigation into the theft of the Clubs assets. The Club will file for a dismissal of
the Chapter 11 and then and only then the Club will be able to hire legal counsel and it can refile
for a Chapter 11; and submit a plan to the court for reorganization. Presently the case has become
too tainted and corrupted to expect any equitable resolution for the Club.
OR in the Alternative:
B. Dismiss all claims against the Club including the HOA foreclosure action and its attorney fees,
which was accomplished through theft by fraud; and including the attorney fees charged by
Snell and Wilmer for its failure to protect the Club. (They were advised from the very beginning
that the Club was a victim of Theft by Fraud and instead of them protecting the Club from
such further theft, they decided to join in the fray. Bad behavior should not be rewarded by
allowing collection of bogus and illegal attorney fees, but rather sanctions implemented to
discourage such behavior.
I declare under penalty of perjury under the laws of the State of Arizona and the U.S.
Bankruptcy Court that the foregoing is true and correct based on evidence provided to me
Respectfully submitted,

September 14, 2015

Marlene Fearing
Creditor/CEO of Inglewood Womans Club
ORIGINAL of the foregoing
filed this 14 th day of September, 2015, with:

CLERK, UNITED STATES BANKRUPTCY COURT

DISTRICT OF ARIZONA
38 S. Scott Avenue
Tucson, AZ 85701
COPIES of the foregoing mailed via
U.S. Mail this 14 th day of September, 2015, to:

Christopher J. Pattock
OFFICE OF THE UNITED STATES TRUSTEE
230 North First Avenue, Ste. 204
Phoenix, AZ 85003-1706
Christopher.J.Pattock@usdoj.gov
Jack R. Cunningham
Chad L. Schexnayder
Travis A. Pacheco
JENNINGS, HAUG & CUNNINGHAM, LLP
2800 N. Central Ave., Ste. 1800
Phoenix, AZ 85004-1049
jrc@jhc-law.com
cls@jhc-law.com
tap@jhc-law.com
Attorneys for Stoney Canyon I Townhomes Association
Matthew A. Silverman
April J. Theis
Christopher J. Dylla
OFFICE OF THE ATTORNEY GENERAL, STATE OF ARIZONA
1275 W. Washington St.
Phoenix, AZ 85007-2926
matthew.silverman@azag.gov
april.theis@azag.gov
christopher.dylla@azag.gov
Attorneys for the Arizona Department of Revenue
Chris M. Roll
David W. Krula
PIMA COUNTY ATTORNEY, CIVIL DIVISION
32 N. Stone Ave., Ste. 2100
Tucson, AZ 85701
chris.roll@pcao.pima.gov
pcaocvbk@pcao.pima.gov
Attorneys for Pima County
By:

Representative of Debtor

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