Don Quichotte Busarov rides on – Bankrupt Bulgarian takes his quest to Queen Beatrix

POSTED: 03/5/13 1:25 PM

St. Maarten – It is easy to see Yordan Stoilov Busarov as a Don Quichotte. The 48-year-old Bulgarian, who has been living in St. Maarten since 2000, was declared bankrupt by the Court in First Instance on February 27, 2012. Without attorneys he has been fighting his case tooth and nail ever since. When he refused to cooperate with the trustees in his bankruptcy, he was led out of the courthouse in handcuffs and taken into custody for a period of 30 days on March 28 of last year in an attempt to force him to cooperate. When that did not work, the court suspended his custody on April 27 on the condition that he does not leave St. Maarten without permission from the Judge of Instruction and that he would show up at the Judge of Instruction or at the trustees if called. Now Busarov has mailed a petition to the cabinet of H.M. Queen Beatrix and cc’d his 39-page story to the attorney-general at the Supreme Court in the Netherlands, mr. C.L. de Vries Lentsch-Kostense.

While Busarov is persistent in his quest for justice, it seems from the documents he provided to this newspaper that he does not fully understand the justice system.

He claims for instance that he had no part of the court case in which he was declared bankrupt. But the court ruling from February 27 of last year states that Busarov was present during an in-chamber hearing on February 20 of last year where he submitted and presented a written plea.

But Busarov maintains that the court ruling is “a forged document.”

What is this all about? In the bankruptcy hearing Albert van der Waag demanded payment of $724,668.60 based on agreements dating back to 2007 and 2009. In spite of several reminders, Busarov did not honor this debt – because he contests its legality. The court denied Busarov’s request to postpone the bankruptcy hearing saying that there were other court cases pending.

Instead, the court noted that the situation meets the requirements for declaring the defendant in a state of bankruptcy: there were several creditors (including sentences to pay court fees) and Busarov had de facto stopped paying them.

Apparently, the state of bankruptcy did not impress Busarov. On the contrary: he simply denied its existence – at least he behaved that way. The trustees repeatedly invited him to stop by to provide information, but he never showed up. When the Judge of Instruction summoned Busarov to appear on March 12 of last year, he did not show up either.

The trustees – mr. Maarten Le Poole and Hendrich Seferina – played hardball: they petitioned the court to take Busarov in custody. On March 28, Judge René van Veen granted this request and ordered Busarov’s incarceration as the statutory director of his Evmolpia Private Foundation.

It did not have any effect and on April 27 of last year the court suspended Busarov’s custody under the earlier mentioned conditions.

Busarov now claims that the court put him under “a life-time house arrest” – a measure he considers illegal. That’s a bit over the top, of course; he is only not allowed to leave St. Maarten “without the permission of the Judge of Instruction.”

The bankrupt Bulgarian has shown a relentless appetite for filing complaints against anybody and everybody who ever came near his case. The list includes the President of the Common Court of Justice Liesbeth Hoefdraad, Judge René van Veen, and Chief Prosecutor Hans Mos. Busarov sent his complaints to the Supreme Court, the chairman of the board of prosecutors-general Bolhaar, the president of the central board of appeal Simon, the National Ombudsman in the Netherlands Alex Brenninkmeijer and – unaware that he has retired – the vice president of the Council of state Herman Tjeenk Willink. The Ministry of Security and Justice and – last one in line – H.M. Queen Beatrix – also received Busarov’s story.

Bitterly, Busarov notes that “all complaints were forwarded to different lower instances, rejected or not handled, while some are still pending.”

So what’s behind all this? On the fourth page of Busarov’s complaint to the queen the name of the Standard Trust Company and its Director Corinne de Tullio-Stamm surfaces. The claim: Standard Trust First advised Busarov to transfer a property in Oyster Pond that remains unfinished until this day from to his Evmolpia Foundation. Then, the Standard Trust Company “signed and registered false and untrue documents” – a first and second mortgage deed for $1.6 million.

After that, the petition to the queen deteriorates in a jungle of references to articles in the civil code. Apparently, Busarov also filed a complaint against notary Gijsbertha (whom he calls “fraudulent” further down in his exposé) on March 23, 2010, but it remains unclear what the grounds for this actions were. The complaint was never handled.

Part of Busarov’s defense is that his Evmolpia Foundation never had a bank account and that it is therefore impossible that it ever received the $1.6 million from what he considers to be a false mortgage deed.

To spice things up a bit more, Busarov – referring to yet another court ruling – claims that the signature of Judge Coen Luijks on it is a forgery,

Busarov suggests that a “well-organized group of people” who are specialized in “mortgager fraud, money laundering and tax evasion” transferred the five apartments from his property on Oyster Pond “to one of them” for a mere $550,000, while the current value of the property is estimated (by Busarov) at $1.3 million.

And on it goes. Busarov happily claims that he is not allowed to leave his residence (that is: his house), under the conditions set for the suspension of his custody. In fact, the court ruled that he is not allowed to leave his place of residence (that is: St. Maarten).

Busarov is now awaiting a response from the cabinet of the queen and from the Supreme Court.

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