Sent: Friday, February 22, 2008 10:26 AM
To: “POCs in SoCal”
Subject: FW: Proof of Claim and Friday Conference Call
Hi All
 
Here's the email to forward to all of the points of contact. Also, be sure to emphasize that they need to:
 
1. Get in groups to call in so that we can get as many people on the bridge line as possible.
 
2. Have EVERYONE request/put pressure on Dan Reed to go one-on-one with Michael Berger so that we can hear their strategies and qualifications directly compared so that we can be fully informed and make the right choice of counsel. Berger is DELIGHTED to do this and so far Reed hasn't responded.
PLEASE BE CLEAR THAT TONIGHT'S CALL IS NOT ABOUT THE DEBATE!!!  THAT WILL BE ON A FUTURE CALL AND EVERYONE WILL RECEIVE CALL-IN INFORMATION FOR IT!!!!!!
 
Thanks for all your help!
 
--Rena
 
*******************************
Hi everyone!
Wow, there sure has been a lot of (mis)information flying around, hasn't there?
The following is my best attempt to separate fact from fiction and get you what you need to properly file your claim, and to make sure those who committed fraud do not get the opportunity to harm any more people.
This is a lot of information, but don't let it overwhelm you. Just take it step by step, and you should be fine.

*******************************
CONFERENCE CALL FRIDAY 2/22/2008 WITH BERGER & ASSOCIATES
The attorneys of Berger & Associates have generously offered to be on a conference call with us to provide an overview of the situation, outline their strategy, answer legal questions and let you know what they can do for you, if you retain their services.  Call information is as follows:
Date:  Friday, February 22, 2008
Time:  7pm Eastern, 6pm Central, 5pm Mountain, 4pm Pacific
Dial-in Number: 1- 712-580-1100
Access Code: 330796
Topics covered:  How long will it take for the case to be resolved, what you can expect to recover, how the form of your financing determines how your case will be resolved, how this can affect your borrowing power and credit, requesting deferment, whether you can use available credit that has not been yet disbursed at another school, how Berger & Associates are uniquely qualified and positioned to represent you, and much more!
There is NO CHARGE for this call, but ordinary long distance charges may apply, depending on your rate plan.
If you cannot be on the call, or if all the lines fill up, don’t worry: We will also be RECORDING it so you’ll be able to download and replay the MP3, or listen to it as streaming audio, if you prefer.

*******************************
WHAT CAN YOUR STATE ATTORNEY GENERAL DO FOR YOU?
It’s important to document the fraud at every possible opportunity.  See the attached Excel spreadsheet (state_attorney_generals.xls) for a list of the Attorney Generals of all the states where SSH had operations. However, DO NOT assume that your State Attorney General will OR CAN resolve this issue for you.  They can certainly prosecute the offending parties for criminal misconduct and fraud, but they can do very little, if anything, to recover any monetary losses for you.  This matter is in FEDERAL bankruptcy court, which supersedes ANY state jurisdiction.  Do your due diligence and check this out for yourself!  (Berger & Associates can also answer this question for you.)

*******************************
REPORT FRAUD TO THE BANKRUPTCY COURT
Go to http://www.nvb.uscourts.gov/ and click on the link in the box at the upper right of the main page labeled “Report Fraud.”  Of course, people have already clicked on it and reported their version of the fraud BUT it’s important that we ALL bombard the court with dozens and dozens of reports of fraud so that it impresses the seriousness of both the situation AND our commitment to having our claims satisfied!!!

*******************************
FILE A CLAIM WITH THE FBI
For info on how to file a claim, go to: http://www.fbi.gov/contactus.htm
It is very likely that you may be bounced back and forth between the your local office and the Las Vegas office.  DO NOT GIVE UP AND DON’T ACCEPT “NO” FOR AN ANSWER!!!
The more noise we can make, the better chance we have of being heard!

*******************************
SUBMIT YOUR PROOF OF CLAIM
Disclaimer: These instructions are NOT intended to serve as legal advice, but rather meant to serve as a general GUIDELINE to filling out the form.  If there is anything you don’t understand or need further help with, please consult an attorney.
Note:  Berger & Associates will fill out and file your claim for you if you retain their services. You  need to provide them with your information AND a copy of your SSH Service Agreement.  (A copy of their retainer letter is attached for your convenience.  If you retain other counsel, check with them to see if they will file the POC on your behalf.
Guidelines for filling out Proof of Claim form yourself:
Go to: http://www.nvb.uscourts.gov/ to get a downloadable copy of the Proof of Claim form. (The SSH bankruptcy is the first thing you’ll see on the main page, right under “News & Events.”)
Refer to the attached poc_guideline.pdf  and fill out your form using the sample data shown in RED as a guideline. See below for specific information related to the sections.
A.    If you are representing yourself, YOU are responsible for submitting all necessary documents in a timely manner.  Therefore, it is VERY important that the address you list is a PERMANENT address.  If there’s ANY chance you may be moving before the case is resolved (estimated at 4 to 8 months), you should list the address of someone (parent, sibling, friend) who will NOT be moving, but WILL forward all paperwork to you.  
B.    Equally (if not MORE) important is the address where your payment should be sent once the case is resolved!  PLEASE make sure this is a permanent address, as in A above.
C.   Amount of Claim is the TOTAL amount you are claiming after adding ALL the parts together.  For students, it is the full amount of your loan, plus interest, as of 2/4/2008. (Instructors will include additional amounts as explained in “I” below.)
·         To determine the total, contact your lender and ask them to provide you the total of principal and interest as of 2/4/2008.  Most lenders make this available if you register as a borrower on their websites. 
·         If you’ve already made payments on the loan, add back in the payments (both principal AND interest) to the total.
·         You will need to submit a statement of the interest charges.
·         IMPORTANT:  If you use/transfer available credit remaining on your loan to another school, subtract that amount from the total and only list the amount actually disbursed to SSH plus interest.
D.   Enter the last four digits of your Student ID number.  “3a” refers to any change that may have been made to how SSH identified you.  See the back of your downloaded form for a more detailed explanation.
E.    This NOT refer to a loan secured by your house. It would only apply if you sold real estate to SSH and carried back the loan. Leave this blank, as it does NOT apply to you.
F.    You must attach a copy of your SSH Service Agreement.  Do NOT attach the original.  If you do not have a copy of your contract, please explain why you don’t have one.
G.   You would use this box only in the event you need to amend (correct) your claim.  Otherwise, leave it blank.
H.   There is no one other than YOU filing a claim related to YOUR claim.  It does NOT refer to the bankruptcy as a whole, so LEAVE IT BLANK.
I.      This box is what Flight Instructors need to use for any form of compensation they are owed as a function of their employment with SSH DURING THE LAST 6 MONTHS BEFORE THE BANKRUPTCY.  Typically, this would fall under the second, third and fourth items, as follows.
·         Wages, salaries or commissions up to $10,950:  Total up any errors in your paychecks, such as not being paid the correct rate for flight and/or ground pay.  If you were promised a raise, but never received it, calculate how much extra you should have been paid during the last 6 months before the bankruptcy, taking into consideration the date the raise should have been effective.  Add in any overtime you were owed, any vacation you were owed, any paid holidays you were owed.  (If you were salaried and required to work 6 days per week, you may be owed pay for the sixth day and should consult an attorney. Berger & Associates can answer this question for you.)
·         Any insurance premiums deducted from your final paycheck should be added back in PLUS any amounts OVER your copayments if you had any medical appointments, as these may be charged back to you by your doctor if the insurance doesn’t pay them.
·         Moving/housing expenses if you relocated to accept a job with SSH in another area.
TOTAL UP all these amounts, up to the limits, and write the total in the blank.  This is your PRIORITY CLAIM.  You will need to check the last box in Item “C” and submit an itemization of these employment-related amounts.
>> DON’T FORGET TO PROPERLY DATE, SIGN, PRINT AND ADD YOUR TITLE. <<
 
BE SURE TO BE ON THE CONFERENCE CALL FRIDAY EVENING, OR LISTEN TO THE RECORDING. 
(INSTRUCTIONS WILL BE SENT.)