25. Clearly, the entry into the May 2012 agreement with Alliacense and the offset were
part of the Debtor’s pre-bankruptcy planning. No matter how the Debtor now attempts to justify
these dubious transactions, the conflicts of interest and self-dealing are unavoidable. The fact that
the Debtor has gone to extensive lengths to defend and argue on behalf of Alliacense only further
demonstrates where the Debtor’s allegiances lay. Clearly, these are transactions which the Debtor
will not pursue and, in fact, have defended against, counter to the interests of the estate.
Appointment of a trustee, therefore, is appropriate.
E.
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