The filing by the Trustee, which contains three counts, argues that the Country Music Hall of Fame and the Country Music Foundation, Inc. must turn over the instruments for sale. In court documents filed with the U.S. Bankruptcy Court for the Middle District of Tennessee in Nashville, the counts consist of:

Count One (Maybelle Carter Guitar and Bill Monroe Mandolin)

Beginning on June 24, 2004, and continuing through May 1, 2007, McLean made payments to the Country Music Hall of Fame and the Country Music Foundation, Inc. totaling $269,414.48, in order to fund the purchase of Mother Maybelle Carter's Guitar guitar.

In 2005, McLean also agreed to fund the purchase of the “Bill Monroe Mandolin” by the Hall of Fame. 22. According to the court's documents, beginning on November 1, 2005, and continuing through June 30, 2006, McLean made payments to the Country Music Hall of Fame and the Country Music Foundation, Inc. totaling $1,000,000.00, in order to fund the purchase of the mandolin.

All of the payments to the Country Music Hall of Fame and the Country Music Foundation, Inc. (for both instruments) were “gifts” by McLean and he received no consideration for the gifts.

Count Two (Johnny Cash Guitars)

In 2005, McLean purchased two guitars previously owned by Johnny Cash, one being the Black Martin D-42, and the other being the Blond Martin D-42. He purchased both of these from Gruhn Guitar Company in Nashville, Tennessee, for a total combined price of $249,086.66. McLean then “donated” or “gave” the two Johnny Cash guitars to the the Country Music Hall of Fame and the Country Music Foundation, Inc.

As was the case with the guitar and mandolin, the transfers of the Johnny Cash guitars to the Country Music Hall of Fame and the Country Music Foundation, Inc. were “gifts” by McLean and, again, he received no consideration for these guitars.

Count Three (Glen Campbell Private Travel Expenses)

In the third count, the Trustee argues that in June, 2006, McLean agreed to fund the travel expenses of Glenn Campbell to the Hall of Fame for a function at the Hall of Fame. McLean paid the Country Music Hall of Fame and the Country Music Foundation, Inc. the sum of $11,422.29 to fund these travel expenses on June 14, 2006.

As as McLean's way, the $11,422.29 was also a "gift" and McLean received nothing in return.

Additional Arguments

The court document states that the gifts were fraudulent. They go on to state that the gifts were made with actual intent to hinder delay and defraud his creditors. That is probably not true as the gifts were most likely made to further the image of McLean. While he did defraud his creditors, the intent was to both save the instruments and to create an image of himself. This will be argued in the bankruptcy court.

The Country Music Hall of Fame and the Country Music Foundation, Inc. will have the opportunity to respond to this petition. The court is asking that the Country Music Hall of Fame and the Country Music Foundation, Inc. return the $1,529,923.43 with interest so that the creditors can be paid.

The Country Music Hall of Fame and the Country Music Foundation, Inc. is continuing to negotiate with the Trustee. The Museum is trying to work with the Trustee as they do not have the financial resources to pay back the gifts from McLean. The museum and the music community are all concerned that a forced sale would put the instruments into private hands and, the museum is not set up to sell the instruments. According to Liz Thiels, a Hall of Fame spokeswoman, "We've been trying to help Waldschmidt understand who we are and what our resources are."

The saga continues as the bankruptcy proceeds. American courts are to protect the creditors and to interpret the laws. They are not for right or wrong and they are certainly not for justice. As such, it is possible that these instruments will go up for sale.

Cybergrass has obtained a copy of the actual court document that includes a breakdown of all donations by McLean relating to the suit is available on our website (PDF).

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