AMMERICA SUCKS!

Friday, December 22, 2006
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COPY OF LETTER SENT TO PRESIDENT ON MARCH 27 2005 AS OF THIS DATE, OCT 22 2005 I HAVE YET TO RECEIVE A RESPONSE OR RELIEF! UPDATE: January 2, 2006 - STILL NO RESPONSE FROM THE GREAT WHITE FATHER! ANYONE NOTICE HOW HE CAN'T GIVE A SPEECH WITHOUT FUMBLING THROUGH HIS NOTES-----THE MAN(?) IS LOOSING WHAT LITTLE HE HAD TO START WITH JUST TRYING TO COVER UP HIS DEALINGS AND THOSE IN HIS EMPLOY! PRIME EXAMPLE OF GOOD OL' BOY NETWORK---THE JERK HE HAD AS HEAD OF FEMA - NOTHING MORE THAN A POLITICAL PAYBACK....AT THE EXPENSE OF YOU AND I ......THE ONES FORCED TO PAY FOR THE MESS! OH, AND JUST TO NOTE....I DON'T AFFILIATE WITH ANY POLITICAL PARTY, THEY ARE ALL CROOKS!

WHERE THIS NATION TOOK A WRONG TURN WAS WHEN POLITICS BECAME A CAREER, A COLLEGE DEGREE,A GIANT CORPORATION, FULL OF NEPOTISM AND SECRET FRATERNITIES ETC. INSTEAD OF A PUBLIC DUTY AND SERVICE TO OUR "FELLOW AMERICANS".

COPY OF LETTER SENT TO PRESIDENT GEORGE W BUSH ON MARCH 27, 2005

Mr. President

I am writing to you concerning additional reform measures which must be addressed to protect the back bone of the American Economy – The Small Business Owner.

On August 3, 2004 my franchisor, Schlotzsky’s Inc. and its affiliates filed for Chapter 11 Bankruptcy protection. My husband and I have been franchisees in San Marcos,Texas since 1993 and on March 20, 2005 we were forced to cease doing business as a Schlotzsky’s Deli Restaurant at our two locations in San Marcos. I can never put into words the devastation this will mean to me and my family as well as the hard working employees of our business.

I have learned more about the bankruptcy process over the last few months than I ever wanted and have learned that once again Big Corporate American holds all the cards in their hand while those like myself bare the devastation of our livelihood and life savings while Big corporate America reaps the benefit of “starting anew”. We have been thrown into financial devastation with no protection and most likely will be thrown into certain financial ruin as a result of the laws which allow Big Corporate America to emerge with a fresh start.

I have learned that Corporations are allowed to make pre-bankruptcy plans and cut back room deals with their creditors prior to even filing for bankruptcy. I have learned the deals are even cut as these corporations “shop” a bankruptcy court in which to file. I have learned that those with the deepest pockets and ability to hire the best attorneys have the ability to fast track the process so that those like myself who do not have the funds to hire law firms to respond to the fast track maneuvers of the corporate attorneys certainly come out loosing everything in the end. All the while Big corporate America receives some sort of compensation in the bankruptcy process while others like myself loose everything they have invested through pure sweat equity and a belief in the democratic model of the American way.My franchisor was allowed to elect a 363 sale of assets in their chapter 11 bankruptcy to the Bobby D. Cox Companies, President Bob Barnes. All the while some 400+ franchisees were told to just hold on, this is what is best and this is what it will take to survive the errors of prior management and this will end with our businesses surviving and the blood, sweat and sacrifice of doing whatever it takes to hang on will result in the survival of our individual investments for all these years. “We are nothing without you”, “You are our only true assets”, “We have nothing to sell without you”, “We must hold together to survive”, these are all the words we heard throughout the bankruptcy process.

Then……….the end result……….the purchaser in the 363 election is allowed to “Cherry Pick” the assets to purchase. Back room deals were cut and 44 franchise agreements were out. Never mind what this meant to the individual SMALL BUSINESS OWNERS of those 44 franchise agreements, they were out….with the stroke of a pen! Never mind the past twelve years of sacrifice, hard work and money we had invested, it was all gone…..with the stroke of a judge’s pen! We are by “Law” treated as merely Executary contracts, contracts which can be rejected and done away with in the bankruptcy process which allows the filing corporation to survive with a “Fresh Start”. All the while the secured creditors, unsecured creditors, attorneys, and bankruptcy courts receive something for their investment while the true backbone of the corporation itself, the franchisees are thrown away without any  consideration for the investments they have made and the contribution to the very existence of the corporation.

In our particular situation the purchaser took advantage of the 363 election to take back an entire market, a market which is the second fastest growing economic market in the state of  Texas. They were allowed by the legal process to pull the financial rug out from under us! A market which we invested every financial resource we had because we believed in the business and that it could and would survive. We trusted the bankruptcy laws to protect our business and our family and in this trust we have lost everything we have worked for these past 12+ years………all with the stroke of a judge's pen! And the blessing of the current bankruptcy laws! We did the work! We made the personal sacrifices! WE ARE SMALL BUSINESS AMERICA <SPAN class=spell title="" style="PADDING-RIGHT: 2px; BACKGROUND-POSITION: left bottom; PADDING-LEFT: 2px; BACKGROUND-IMAGE: url(http://sdk.webmail.aol.com/sdk/20051001/images/bg_spellingErr.gif); PADDING-BOTTOM: 2px; CURSOR: pointer; COLOR: black; PADDING-TOP: 2px; BACKGROUND-REPEAT: repeat-x; BACKGROUND-COLOR: yellow" _backupTitle="undefined Ameliorate, Ameliorated, Ameliorative, Americanized">We did everything we could to hold on! And now what??

I have said that we have been Franchisees for twelve years when in fact our contribution to this business is more accurately 27 and 25 years for my husband and myself respectively. This is because we have been involved in the growth of this business even prior to becoming SMALL BUSINESS OWNERS.  We were both employees of the corporation and other franchisees prior to finally becoming owners. So as you can see we have invested almost a lifetime in building a business which we now find ourselves ousted at the stroke of a pen! Yes, we have invested a lifetime only to have everything taken from us through the “Fresh Start” doctrine of the bankruptcy code!<o:p></o:p>

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My husband is the epitome of a poster boy for the American Way “that is recited day in and day out to the Hispanic children of . Work hard and you will receive the benefits of your hard work and sacrifice. My husband came from absolute poverty. He grew up in , working on a ranch, chopping cotton and picking strawberries so that his family could put food on the table. He willingly served his country in South East Asia during the Vietnam War. He attended college on the GI Bill with barley enough money to live on and many times having to study by candle light because he didn’t have enough money for a place to live. In the 23 years we have been married never once has he complained about what he didn’t have while growing up. Quite the contrarily. He encouraged all the children he mentored to work hard and not dwell on what they thought they didn’t have but to set their goals high and work hard and set their goals high and trust that their hard work would help them succeed in life.

This is the exact work ethic he has instilled in his own sons, age 21 and 8. Work hard, be honest and carry God in your heart and you will succeed in life. And with your success pass it on to those who follow you.

 

Our 21 year old son is now a junior at Texas A&M. He is a son who any parent would be proud of. A Christian young man embarking on his path in life. A young man who has his own personal challenges to overcome in the form of learning disabilities but willing to hold hard and fast to his Christian upbringing and work harder than some to achieve his goals.

 

“Maybe a reason but never an excuse” is what we have always lived by in relation to his learning disabilities and hard work will result in successes.  A young man who was told at the beginning of the Spring semester that our financial situation was uncertain and our ability to help him in his college pursuit was over. That now he was old enough to be on his own and he would have to find a way to continue with his education. Something that we certainly did not plan on but was now a reality given the state of our business and the fact that we still had to provide for his eight year old brother. This was the most difficult conversation we have ever had with our son; one we never thought would come to pass. He is working very hard to continue with his education and goals, he has stepped up to this responsibility and hopefully will be able to complete his education and become a contributing individual to the American Society and not a burden to the hardworking members of the United States of America

 

Over these past few months I have wondered if the American Way is truly the best way. I too have had many personal obstacles to overcome but choose to put those aside given the obstacles my husband has had to overcome. I have always been a champion for the underdog and will always speak up for those who are unjustly trampled upon. I willsay this much though. My ancestors came to Texas in 1846 from what is now known as Germany. They came seeking freedom from oppression of the era and spoke up for all while suffering the consequences even including death for what was right. My Great Grandfather served two terms in the House of Representatives of the State of  Texas and his picture still hangs in the capital in Austin. He believed in hard work and equality and passed this down to his children and they to their children.

In closing, change MUST come. We are the Backbone of America! Without us the United States will certainly collapse. On our backs rests the future of America as we now know it, that which was formulated and dictated by the founders of this country!

Put ME in front of your senate subcommittee, let ME tell America the truth of the laws on our books! Corporate American Rules – Democracy and Capitalism is an illusion!

Julia Ann Arrington-Torrez

Keep away from small people who try to belittle your ambitions. Small people always do that, but the really great make you feel that you, too, can become great.-Mark Twain

 

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