Elhindi v. State of California et al

MOTION for SUMMARY JUDGMENT

E.D. Cal.April 28, 2017

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Defendant’s Notice of Motion and Motion for Summary Judgment (2:15-cv-00009-MCE-AC) XAVIER BECERRA, Attorney General of California SUSAN E. SLAGER Supervising Deputy Attorney General MARC B. KOENIGSBERG, State Bar No. 204265 Deputy Attorney General SHANNA MCDANIEL, State Bar No. 229249 Deputy Attorney General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 322-0235 Fax: (916) 324-5567 E-mail: Marc.Koenigsberg@doj.ca.gov Attorneys for Defendant, California Department of Corrections and Rehabilitation IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ELSIDDIG ELHINDI, Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Defendant. 2:15-cv-00009-AC DEFENDANT’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT Date: June 7, 2017 Time: 10:00 a.m. Ctrm: 26, 8th Floor Before The Hon. Allison Claire Action Filed: December 31, 2014 TO PLAINTIFF AND HIS ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on June 7, 2017, at 10:00 a.m., or as soon thereafter as the matter may be heard, in Courtroom 26 of the above-entitled court located at 501 I Street, Sacramento, California, defendant California Department of Corrections and Rehabilitation (“CDCR”) will and hereby does move this Court for an order granting summary judgment against plaintiff Elsiddig Elhindi, and in favor of CDCR. / / / Case 2:15-cv-00009-AC Document 37 Filed 04/28/17 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Defendant’s Notice of Motion and Motion for Summary Judgment (2:15-cv-00009-MCE-AC) This motion is made pursuant to Federal Rules of Civil Procedure, rule 56 on the grounds that all of Plaintiff’s claims are barred by the doctrine of judicial estoppel in that Plaintiff failed to disclose his employment claims against CDCR in his bankruptcy case thereby perpetrating a fraud on the Bankruptcy Court, the U.S. trustee and his creditors. This motion is based upon this Notice of Motion and Motion, the accompanying Memorandum of Points and Authorities, the Separate Statement of Undisputed Material Facts, the declaration of Marc B. Koenigsberg, the Request for Judicial Notice, all the pleadings and papers on file in this action, and upon such argument and evidence as may be presented to the Court at the hearing. Dated: April 28, 2017 Respectfully submitted, XAVIER BECERRA Attorney General of California SUSAN E. SLAGER Supervising Deputy Attorney General /s/ Marc B. Koenigsberg MARC B. KOENIGSBERG Deputy Attorney General Attorneys for Defendant, California Department of Corrections and Rehabilitation SA2015102185 12655653.doc Case 2:15-cv-00009-AC Document 37 Filed 04/28/17 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant’s Memorandum of Points and Authorities in Support of Its Motion for Summary Judgment (2:15-CV-00009) XAVIER BECERRA Attorney General of California SUSAN E. SLAGER Supervising Deputy Attorney General SHANNA MCDANIEL, State Bar No. 229249 Deputy Attorney General MARC B. KOENIGSBERG, State Bar No. 204265 Deputy Attorney General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 322-0235 Fax: (916) 324-5567 E-mail: Marc.Koenigsberg@doj.ca.gov Attorneys for Defendant, California Department of Corrections and Rehabilitation IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION ELSIDDIG ELHINDI, Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Defendant. 2:15-cv-00009-AC DEFENDANT’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT Date: June 7, 2017 Time: 10:00 a.m. Ctrm: 26, 8th Floor Before The Hon. Allison Claire Action Filed: December 31, 2014 Case 2:15-cv-00009-AC Document 37-1 Filed 04/28/17 Page 1 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TABLE OF CONTENTS Page i Defendant’s Memorandum of Points and Authorities in Support of Its Motion for Summary Judgment (2:15-cv-00009) Introduction ................................................................................................................................ 1 Statement of Relevant Facts and Procedural History ................................................................... 1 I. Plaintiff Sues CDCR in 2008 and Settles in 2010 ................................................. 1 II. Plaintiff Files an EEOC Charge in January 2011 .................................................. 2 III. Plaintiff Files for Bankruptcy in May 2011 but Fails to Disclose his EEOC Charge as an Asset ............................................................................................... 2 IV. Plaintiff Sues CDCR in December 2014 on the Claims he Hid From the Bankruptcy Court in May 2011 ............................................................................ 3 Argument ................................................................................................................................... 4 I. Plaintiff’s Claims are Barred by the Doctrine of Judicial Estoppel ....................... 4 A. Plaintiff’s Position in This Case That He Has Claims Against CDCR is “Clearly Inconsistent” With His Position in His Bankruptcy Proceeding That He Had No Claims Against CDCR.............. 6 B. Plaintiff Deceived the Bankruptcy Court and His Creditors by Failing to Disclose the Claims he Now Seeks Relief On ........................... 8 C. Allowing Plaintiff’s Claims in This Case Would Provide Him an Unfair Advantage and Would Reward His Failure to Fully Disclose His Assets. ............................................................................................... 8 II. Conclusion .......................................................................................................... 9 Case 2:15-cv-00009-AC Document 37-1 Filed 04/28/17 Page 2 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TABLE OF AUTHORITIES 1 Defendant’s Memorandum of Points and Authorities in Support of Its Motion for Summary Judgment (2:15-CV-00009) Cases Banuelos v. Waste Connections, Inc. No. 1:12–CV– 1012 AWI SAB, 2013 WL 398859 (E.D.Cal. Jan. 31, 2013)....................... 5, 8 Barger v. City of Cartersville, Ga. 348 F.3d 1289 (11th Cir. 2003) .............................................................................................. 4 Burnes v. Pemco Aeroplex, Inc. 291 F.3d 1282 (11th Cir. 2002) .............................................................................................. 4 Cannon-Stokes v. Potter 453 F.3d 446 (7th Cir. 2006) .................................................................................................. 1 Caviness v. England No. CIV S-04-2388 GEB DAD PS, 2007 WL 1302522 (E.D.Cal. May 3, 2007) .................... 5 Hamilton v. State Farm Fire & Cas. Co. 270 F.3d 778 (9th Cir. 2001) ......................................................................................... passim Hay v. First Interstate Bank of Kalispell, N.A. 978 F.2d 555 (9th Cir. 1992) .................................................................................................. 4 In re Cassidy 892 F.2d 637 (7th Cir. 1990) .................................................................................................. 1 Jones-Riley v. Hewlett Packard Company 2015 WL 300703 (E.D.Cal., Jan. 22, 2015) ................................................................... passim New Hampshire v. Maine 532 U.S. 742 (2001) ........................................................................................................... 4, 5 Russell v. Rolfs 893 F.2d 1033, 1037 (9th Cir. 1990) ...................................................................................... 4 Talosig v. US Bank N.A. No. 2:15-cv-02433-MCE-CKD, 2016 WL 632796 (E.D.Cal., Feb. 17, 2016) ......................... 5 Statutes United States Code Title 11 § 727 ...................................................................................................................................... 3 Case 2:15-cv-00009-AC Document 37-1 Filed 04/28/17 Page 3 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Defendant’s Memorandum of Points and Authorities in Support of Its Motion for Summary Judgment (2:15-cv-00009) INTRODUCTION Plaintiff Elsiddig Elhindi deceived the United States Bankruptcy Court, the assigned trustee, and his creditors in a bankruptcy case he filed in May 2011. Less than four months before that, Plaintiff filed a complaint with the Equal Employment Opportunity Commission (EEOC) alleging claims that now form the basis for this District Court action. Plaintiff failed to disclose in his bankruptcy petition his EEOC claim which he knew was a valuable asset. Plaintiff swore in his bankruptcy petition that he had no assets in the form of unliquidated claims yet he knew full well that his EEOC claim could result in a monetary jury award or a settlement. After the EEOC concluded its investigation, Plaintiff filed this lawsuit against defendant California Department of Corrections and Rehabilitation. Plaintiff never re-opened his bankruptcy to disclose these claims that were pending at the time he sought relief from the Bankruptcy Court. For this reason, Plaintiff’s claims are barred by the doctrine of judicial estoppel which is designed to force litigants to “choose one position irrevocably” and thereby “raises the costs of lying[,]” Cannon-Stokes v. Potter 453 F.3d 446, 448 (7th Cir. 2006), and to “prevent the perversion of the judicial process.” In re Cassidy 892 F.2d 637, 641 (7th Cir. 1990). Plaintiff represented to the Bankruptcy Court that he had no valuable claims against CDCR at a time when he knew he had. The Bankruptcy Court, the bankruptcy trustee, and Plaintiff’s creditors relied on that representation, and Plaintiff was granted the benefit of a Chapter 7 discharge. Now he has filed a lawsuit where he will likely seek to recover millions of dollars on claims he hid from the Bankruptcy Court. To protect the integrity of the Bankruptcy Court and the bankruptcy process, Plaintiff must be estopped from pursuing his action in this Court. STATEMENT OF RELEVANT FACTS AND PROCEDURAL HISTORY I. PLAINTIFF SUES CDCR IN 2008 AND SETTLES IN 2010 On May 2, 2008, Plaintiff filed his first lawsuit against CDCR alleging discrimination and harassment based on his religion, race and national origin. (See Request for Judicial Notice, Exh. 4.) On April 28, 2010, the Court dismissed Plaintiff’s lawsuit as his request as a result of a settlement he reached with CDCR. (See Request for Judicial Notice, Exh. 5.) Plaintiff settled his case for $118,750, of which Plaintiff received $62,988. (See Declaration of Marc B. Koenigsberg Case 2:15-cv-00009-AC Document 37-1 Filed 04/28/17 Page 4 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Defendant’s Memorandum of Points and Authorities in Support of Its Motion for Summary Judgment (2:15-cv-00009) (“Koenigsberg Decl.”), ¶ 2, Exh. A, Deposition of Elsiddig Elhindi (“Elhindi Depo.”), 126:4 – 127:8; 127:9 – 128:3.) II. PLAINTIFF FILES AN EEOC CHARGE IN JANUARY 2011 On January 20, 2011, Plaintiff executed under penalty of perjury a charge of discrimination against CDCR, and filed it with the EEOC five days later. (UMF No.1.) Plaintiff alleged harassment, discrimination and retaliation based on race, religion and national origin. (UMF No. 3.) He alleged that since February 25, 2010, he had experienced this conduct from his coworkers and supervisors on a daily basis. (See Document 8-1, Plaintiff’s First Amended Complaint, ¶ 2(a) and Exhibit 1 thereto.) Plaintiff further specified that he was asked questions like “Did you put a pipe bomb in Facility Control?” and, referring to his bulletproof vest, “Is that a suicide bombing vest?” Id. He also claimed in his EEOC charge that he had been called a terrorist, and that various correctional officers had laughed on the radio when hearing his Sudanese-accented English. Id. At the time he filed his charge on January 25, 2011, Plaintiff was aware that the EEOC was an administrative agency and that filing a charge of discrimination was a required step before he could sue CDCR for discrimination or harassment. (UMF Nos. 2, 4.) He was aware he had a claim against CDCR, (UMF No. 7), and that he was reserving his right to file a lawsuit against CDCR. (UMF No. 5.) He knew from his prior experience suing CDCR that he would be asking CDCR for monetary compensation for what he perceived as harassment, (UMF No. 8), and that if he eventually filed a lawsuit, a judge or jury might award him a sum of money, or that he could be paid a settlement. (UMF No. 6.) III. PLAINTIFF FILES FOR BANKRUPTCY IN MAY 2011 BUT FAILS TO DISCLOSE HIS EEOC CHARGE AS AN ASSET Plaintiff filed a Chapter 7 bankruptcy petition in the Eastern District of California on May 12, 2011. (UMF No. 9.) Plaintiff was represented by counsel at the time he filed for bankruptcy. (UMF No. 14.) / / / / / / Case 2:15-cv-00009-AC Document 37-1 Filed 04/28/17 Page 5 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Defendant’s Memorandum of Points and Authorities in Support of Its Motion for Summary Judgment (2:15-cv-00009) Plaintiff declared under penalty of perjury that his petition and its schedules were true and correct to the best of his knowledge, information, and belief. (UMF No. 10.) Notwithstanding his declaration, on Schedule B, listing personal property, Plaintiff failed to disclose his EEOC claim against CDCR by indicating “None” under “Other contingent and unliquidated claims of every nature.” (UMF No. 11.) Further, in his Statement of Financial Affairs, Plaintiff again failed to disclose his EEOC claim against CDCR when he indicated “None” in the section that required him to list “all suits and administrative proceedings to which debtor is or was a party within one year immediately preceding the filing of this bankruptcy case.” (UMF No. 12.) Plaintiff also failed to disclose in his Statement of Financial Affairs, the $62,988 in income he had received just a year earlier to settle his lawsuit against CDCR. (See Request for Judicial Notice, Exh. 1, Pg. 30.) Plaintiff then falsely declared under penalty of perjury that his Statement of Financial Affairs was true and correct. (UMF No. 13.) Relying on Plaintiff’s representations in his bankruptcy petition and schedules, the Bankruptcy Court granted Plaintiff a discharge under section 727 of title 11, United States Code on August 29, 2011. (UMF No. 15.) The Bankruptcy Court then closed the case on September 9, 2011. (UMF No. 16.) IV. PLAINTIFF SUES CDCR IN DECEMBER 2014 ON THE CLAIMS HE HID FROM THE BANKRUPTCY COURT IN MAY 2011 On October 2, 2014, the EEOC issued its right-to-sue letter with respect to the charge initiated by Plaintiff with his January 25, 2011, Charge of Discrimination. See Document 8, Plaintiff’s First Amended Complaint, ¶ 2(a) and Exhibit 1. Thereafter, Plaintiff initiated this lawsuit on December 31, 2014, bearing Case No. 2:15-cv-00009-MCE-AC. See Document 1, Plaintiff’s Complaint. Plaintiff later filed his First Amended Complaint on March 26, 2015. See Document 8, Plaintiff’s First Amended Complaint. As in his EEOC complaint, Plaintiff alleges harassment and retaliation based on his religion, national origin and race. Id. / / / Case 2:15-cv-00009-AC Document 37-1 Filed 04/28/17 Page 6 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Defendant’s Memorandum of Points and Authorities in Support of Its Motion for Summary Judgment (2:15-cv-00009) ARGUMENT I. PLAINTIFF’S CLAIMS ARE BARRED BY THE DOCTRINE OF JUDICIAL ESTOPPEL Judicial estoppel is an equitable doctrine that precludes a party from asserting one position in one legal proceeding, and then later seeking an advantage by asserting a clearly inconsistent position in a later proceeding. Hamilton v. State Farm Fire & Cas. Co. 270 F.3d 778, 782 (9th Cir. 2001). In the bankruptcy context, the Ninth Circuit has held that “a party is judicially estopped from asserting a cause of action not raised in a reorganization plan or otherwise mentioned in the debtor’s schedules or disclosure statements.” Id. at 783. See also Hay v. First Interstate Bank of Kalispell, N.A., 978 F.2d 555, 557 (9th Cir. 1992) (failure to disclose a potential cause of action in a debtor’s bankruptcy schedules and disclosure statements estops the debtor from prosecuting the cause of action and entitles the defendants to summary judgment); Barger v. City of Cartersville, Ga., 348 F.3d 1289, 1294-95 (11th Cir. 2003) (plaintiff who failed to disclose her employment discrimination claims in her bankruptcy filings was judicially estopped from pursuing the claims in district court); Burnes v. Pemco Aeroplex, Inc., 291 F.3d 1282, 1287-88 (11th Cir. 2002) (plaintiff who failed to disclose employment discrimination claim in concurrent bankruptcy proceedings was judicially estopped from seeking monetary damages on the claim). The doctrine is intended to “prevent the perversion of the judicial process” by prohibiting parties from “deliberately changing positions according to the exigencies of the moment.” New Hampshire v. Maine 532 U.S. 742, 749-750 (2001). “Judicial estoppel will be imposed when the debtor has knowledge of enough facts to know that a potential cause of action exists during the pendency of the bankruptcy, but fails to amend his schedules or disclosure statements to identify the cause of action as a contingent asset.” Hamilton, 270 F.3d at 784. Thus, it is invoked not only to prevent a party from gaining an unfair advantage, but also to ensure that the “orderly administration of justice” is served by not permitting a litigant to “play fast and loose” with the courts. Id., 270 F.3d at 782, quoting Russell v. Rolfs 893 F.2d 1033, 1037 (9th Cir. 1990). The United States Supreme Court has identified three factors that inform the decision whether to apply the doctrine in a particular case: Case 2:15-cv-00009-AC Document 37-1 Filed 04/28/17 Page 7 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 Defendant’s Memorandum of Points and Authorities in Support of Its Motion for Summary Judgment (2:15-cv-00009) First, a party’s later position must be “clearly inconsistent” with its earlier position. Second, courts regularly inquire whether the party has succeeded in persuading a court to accept the earlier position, so that judicial acceptance of an inconsistent position in a later proceeding would create ‘the perception that either the first or the second party was misled.’ A third consideration is whether the party seeking to assert an inconsistent position would derive an unfair advantage or impose an unfair detriment on the opposing party if not estopped. Hamilton, 270 F.3d at 782 – 783 citing New Hampshire, 532 U.S. at 750 – 751. The Ninth Circuit does “not establish inflexible prerequisites or an exhaustive formula for determining the applicability of judicial estoppel. Additional considerations may inform the doctrine’s application in specific factual contexts.” Id. at 783. However, many courts in the Eastern District of California have applied judicial estoppel in a bankruptcy context using these three factors, and have accordingly dismissed those case: Talosig v. US Bank N.A., No. 2:15-cv-02433-MCE-CKD, 2016 WL 632796 (E.D.Cal., Feb. 17, 2016) (Judge England dismissed the plaintiff’s real estate case finding judicial estoppel barred plaintiff’s claim where plaintiff failed to disclose such claims in her Chapter 7 bankruptcy.) Jones-Riley v. Hewlett Packard Company, 2015 WL 300703 (E.D.Cal., Jan. 22, 2015) (Judge Nunley dismissed plaintiff’s employment claims given plaintiff failed to disclose them in her previous bankruptcy.) Banuelos v. Waste Connections, Inc., No. 1:12–CV– 1012 AWI SAB, 2013 WL 398859 (E.D.Cal. Jan. 31, 2013) (Judge Ishii granted summary judgment by applying judicial estoppel to the case where plaintiff failed to disclose her employment EEOC claims in her previous bankruptcy proceeding.) Caviness v. England, No. CIV S-04-2388 GEB DAD PS, 2007 WL 1302522 (E.D.Cal. May 3, 2007) (Judge Drozd recommended the granting of summary judgment and the imposing judicial estoppel on undisclosed claims where plaintiff had a statutory duty to disclose his EEOC claim and enjoyed the benefit of an automatic stay; report and recommendation adopted by Judge Burrell, 2007 WL 1577707 (E.D.Cal. May 31, 2007.) Case 2:15-cv-00009-AC Document 37-1 Filed 04/28/17 Page 8 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 Defendant’s Memorandum of Points and Authorities in Support of Its Motion for Summary Judgment (2:15-cv-00009) The case of Jones-Riley v. Hewlett Packard Company is particularly analogous with the instant case. Plaintiff in Jones-Riley alleged various employment-related causes of action in violation of state and federal law in response to which Hewlett Packard filed a motion for summary judgment on the grounds that Plaintiff’s claims were “barred by judicial estoppel as a result of Plaintiff’s failure to disclose the claims in her bankruptcy filing.” Id. at *1. Plaintiff had filed an EEOC complaint in January 2010 and another in July 2010, and while those charges were pending, filed bankruptcy in September 2011. Id. at *2. However, “Plaintiff did not disclose the two EEOC charges, or any other reference to the instant claims, as part of her bankruptcy petition.” Id. Like Plaintiff in this case, there was no indication that the plaintiff in Jones-Riley “made any effort to amend her bankruptcy petition to disclose these claims at any time.” Id. The district court applied “the Supreme Court’s three factor test in determining whether Plaintiff’s omission is grounds for dismissing her claims[,]” concluded the doctrine of judicial estoppel should be applied, and dismissed “Plaintiff’s claims with prejudice.” Id.at *2, *5. As in Jones-Riley, discussed further below, and the other Eastern District cases cited above, the doctrine of judicial estoppel should be applied here. Plaintiff is asserting employment discrimination claims against CDCR that he likely believes are worth millions of dollars that he failed to disclose in his prior Chapter 7 bankruptcy proceeding. Plaintiff is clearly seeking an unfair advantage by asserting inconsistent positions at the expense of his creditors, the Bankruptcy Court and the judicial process, and therefore should be estopped from recovering on these claims. A. Plaintiff’s Position in this Case that He Has Claims Against CDCR is “Clearly Inconsistent” with His Position in His Bankruptcy Proceeding That He Had No Claims Against CDCR Plaintiff’s current position in this Court that he has claims against CDCR is “clearly inconsistent” with his position in the Bankruptcy Court that he had no such claims against CDCR. Hamilton, 270 F.3d at 782. It is “clearly inconsistent” for Plaintiff to now seek to recover on a claim that he knew of, but did not disclose, in his prior bankruptcy proceeding. “A debtor who obtains relief on the representation that no claims existed cannot resurrect such claims and obtain relief on the opposite basis.” Hamilton, 270 F.3d at 783. Case 2:15-cv-00009-AC Document 37-1 Filed 04/28/17 Page 9 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 Defendant’s Memorandum of Points and Authorities in Support of Its Motion for Summary Judgment (2:15-cv-00009) “It is clear that, in [his] bankruptcy filing, Plaintiff was under ‘an express, affirmative duty to disclose all assets, including contingent and unliquidated claims.’” Jones-Riley, 2015 WL 300703 at *3 citing Hamilton, 270 F.3d at 785 (emphasis in original). Despite this clear duty to disclose, Plaintiff failed to do so. Plaintiff admits his legal claims existed at the time of his bankruptcy filing. Plaintiff had already filed his EEOC charge in January 2011, (UMF No. 2), by the time he filed his bankruptcy petition in May 2011. (UMF No. 9 .) Plaintiff was aware of sufficient facts to establish his belief that a cause of action against CDCR existed by the time he filed his claim with the EEOC in January 2011. (UMF Nos. 6, 7, 8.) Plaintiff knew in January 2011 he was reserving his right to file a lawsuit against CDCR. (UMF No. 5.) Any claim by Plaintiff that he assigned no value to his claim would be disingenuous. Four months before he filed for bankruptcy, Plaintiff knew it was possible at some point in the future that he would be asking CDCR for monetary compensation for what he perceived as harassment, (UMF No. 8), and knew that if he eventually filed a lawsuit, a judge or jury might award him a money damages, or that he could be paid a settlement. (UMF No. 6.) Further, any claim by Plaintiff that he made a mistake in not disclosing these claims is also of no merit. Plaintiff has had a history of failing to disclose assets in legal proceedings. In fact, in his bankruptcy proceeding he failed to disclose as income in his Statement of Financial Affairs his previous settlement with CDCR in which he received $62,988. (See Request for Judicial Notice, Exh. 1, Pg. 30; Koenigsberg Decl., ¶ 2, Exh. A, Elhindi Depo., 126:4 – 127:8; 127:9 – 128:3.) “[T]he bankruptcy estate includes claims being litigated by the debtor as well as administrative claims” Hamilton, 270 F.3d at 785. Plaintiff had an obligation to disclose in his bankruptcy filing the claims he is now suing upon. His failure to do so makes his attempt to bring these claims in the instant action inconsistent with his bankruptcy action, and therefore the first factor to be considered in applying judicial estoppel has been satisfied. / / / / / / / / / Case 2:15-cv-00009-AC Document 37-1 Filed 04/28/17 Page 10 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 Defendant’s Memorandum of Points and Authorities in Support of Its Motion for Summary Judgment (2:15-cv-00009) B. Plaintiff Deceived the Bankruptcy Court and His Creditors By Failing to Disclose the Claims He Now Seeks Relief On “A court is misled where it relies on Plaintiff’s inconsistent representations in making its decision.” Jones-Riley, 2015 WL 300703, at *4 citing Hamilton, 270 F.3d at 778. The Bankruptcy Court reached its final decision and discharged Plaintiff on August 29, 2011. (UMF No. 15.) Therefore, Plaintiff’s bankruptcy filing, which did not disclose the claims he now seeks relief on, was successful. The Ninth Circuit has held that “a discharge of debt by a bankruptcy court… is sufficient acceptance to provide a basis for judicial estoppel.” Id. citing Hamilton, 270 F.3d at 784. Plaintiff’s creditors did not file claims in the bankruptcy proceedings, possibly in reliance on Plaintiff’s claimed inability to pay his debts according to his schedules and financial statements. Plaintiff successfully persuaded the Bankruptcy Court to accept his position that he had no assets of value. This second factor of persuading a court to accept an earlier position is satisfied. C. Allowing Plaintiff’s Claims in this Case Would Provide Him an Unfair Advantage and Would Reward His Failure to Fully Disclose His Assets. Plaintiff’s failure to list his claims against CDCR in his bankruptcy filing “deceived the bankruptcy court, and Plaintiff’s creditors, who relied on [his] statements of debt.” Jones-Riley, 2015 WL 300703, at *4 citing Hamilton, 270 F.3d at 785. “The interests of creditors and the Bankruptcy Court are impaired when an incomplete disclosure is made. If this case were to proceed, it would reward the failure to fully disclose assets. Such a result would be improper and unfair.” Jones-Riley, 2015 WL 300703 at *4 citing Banuelos, 2013 WL 398859, at *3-4. Plaintiff would have gained an advantage over the trustee, his creditors and the Bankruptcy Court, all of whom were deprived an opportunity to arrange for the repayments of Plaintiff’s debts through possible liquidation of Plaintiff’s EEOC claims at that time. Plaintiff gained the windfall of receiving the protection of the Bankruptcy Court without having disclosed a potential asset while retaining the possibility of settlement or verdict on the basis of the undisclosed EEOC claim. This third factor of receiving an unfair advantage has also been satisfied. Case 2:15-cv-00009-AC Document 37-1 Filed 04/28/17 Page 11 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 Defendant’s Memorandum of Points and Authorities in Support of Its Motion for Summary Judgment (2:15-cv-00009) II. CONCLUSION For the foregoing reasons, the Court should apply the doctrine of judicial estoppel, grant CDCR’s motion for summary judgment, and dismiss Plaintiff’s claims with prejudice. Dated: April 28, 2017 Respectfully Submitted, XAVIER BECERRA Attorney General of California SUSAN E. SLAGER Supervising Deputy Attorney General /s/ Marc B. Koenigsberg MARC B. KOENIGSBERG Deputy Attorney General Attorneys for Defendant Employment Litigation SA2015102185 12667562.doc Case 2:15-cv-00009-AC Document 37-1 Filed 04/28/17 Page 12 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Defendant’s Statement of Undisputed Material Facts (2:15-cv-00009-AC) XAVIER BECERRA Attorney General of California SUSAN E. SLAGER Supervising Deputy Attorney General SHANNA MCDANIEL, State Bar No. 229249 Deputy Attorney General MARC B. KOENIGSBERG, State Bar No. 204265 Deputy Attorney General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 322-0235 Fax: (916) 324-5567 E-mail: Marc.Koenigsberg@doj.ca.gov Attorneys for Defendant, California Department of Corrections and Rehabilitation IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ELSIDDIG ELHINDI, Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Defendant. 2:15-cv-00009-AC DEFENDANT CALIFORNIA DEPARTMENT OF CORRECTION AND REHABILITATION’S STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT Date: June 7, 2017 Time: 10:00 a.m. Ctrm: 26, 8th Floor Before The Hon. Allison Claire Action Filed: December 31, 2014 Case 2:15-cv-00009-AC Document 37-2 Filed 04/28/17 Page 1 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Defendant’s Statement of Undisputed Material Facts (2:15-cv-00009-AC) Undisputed Facts and Evidence Plaintiff’s Response ISSUE 1: Defendant California Department of Corrections and Rehabilitation Is Entitled to Judgment as a Matter of Law Based Upon the Doctrine of Judicial Estoppel. 1. Plaintiff signed his Equal Employment Opportunity Commission (“EEOC”) complaint on January 20, 2011, under the penalty of perjury. Supporting Evidence: Plaintiff’s FAC, ¶ 2(a) and Exhibit 1. Declaration of Marc B. Koenigsberg (“Koenigsberg Decl.”), ¶ 2, Exh. A, Deposition of Elsiddig Elhindi (“Elhindi Depo.”), 164:9 – 164:18, 165:5 – 165:7. 1. 2. Plaintiff filed a complaint with the EEOC on or about January 25, 2011. Supporting Evidence: Plaintiff’s First Amended Complaint (“FAC”), ¶ 2(a) and Exhibit 1. 2. 3. Plaintiff’s EEOC complaint alleged harassment, discrimination and retaliation based on race, religion and national origin. Supporting Evidence: Plaintiff’s FAC, ¶ 2(a) and Exhibit 1. 3. 4. Plaintiff was aware that EEOC was an administrative agency and filing a charge of discrimination was a required step before he could sue CDCR for discrimination or harassment. Supporting Evidence: Declaration of Marc B. Koenigsberg (“Koenigsberg Decl.”), ¶ 2, Exh. A, Elhindi Depo., 121:9 – 122:24. 4. Case 2:15-cv-00009-AC Document 37-2 Filed 04/28/17 Page 2 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Defendant’s Statement of Undisputed Material Facts (2:15-cv-00009-AC) Undisputed Facts and Evidence Plaintiff’s Response 5. At the time he filed his EEOC complaint in January 2011, Plaintiff was aware he was reserving his right to file a lawsuit against CDCR. Supporting Evidence: Koenigsberg Decl., ¶ 2, Exh. A, Elhindi Depo., 169:25 – 170:12, 170:19 – 171:3. 5. 6. At the time he filed his EEOC complaint in January 2011, Plaintiff was aware that he had a potential lawsuit and a judge or jury could award him a sum of money, or that he could be paid a settlement. Supporting Evidence: Koenigsberg Decl., ¶ 2, Exh. A, Elhindi Depo., 171:4 – 171:19, 171:20 – 172:1, 201:13 – 201:20. 6. 7. At the time he filed his EEOC complaint in January 2011, Plaintiff was aware he had a claim against CDCR. Supporting Evidence: Koenigsberg Decl., ¶ 2, Exh. A, Elhindi Depo., 172:4 – 172:7. 7. 8. At the time he filed his EEOC complaint in January 2011, Plaintiff thought it was possible at some point in the future that he would be asking CDCR for monetary compensation for what he perceived as harassment. Supporting Evidence: Koenigsberg Decl., ¶ 2, Exh. A, Elhindi Depo., 201:6 – 201:12. 8. 9. Plaintiff filed a Chapter 7 bankruptcy petition in the Eastern District of 9. Case 2:15-cv-00009-AC Document 37-2 Filed 04/28/17 Page 3 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Defendant’s Statement of Undisputed Material Facts (2:15-cv-00009-AC) Undisputed Facts and Evidence Plaintiff’s Response California on May 12, 2011. Supporting Evidence: Request for Judicial Notice (“RJN”), Exh No. 1, Plaintiff’s Bankruptcy Petition, In re Elhindi, U.S.B.C., E.D.Cal., Case No. 11-31916. 10. Plaintiff declared under penalty of perjury on May 10, 2011, that his petition and its schedules were true and correct to the best of his knowledge, information, and belief. Supporting Evidence: RJN, Exh. No. 1, Plaintiff’s Bankruptcy Petition, page 5, In re Elhindi, U.S.B.C., E.D.Cal., Case No. 11-31916. 10. 11. On Schedule B, listing personal property, Plaintiff indicated “None” under “Other contingent and unliquidated claims of every nature.” Supporting Evidence: RJN, Exh No. 1, Plaintiff’s Bankruptcy Petition, page 8, In re Elhindi, U.S.B.C., E.D.Cal., Case No. 11-31916. 11. 12. In his Statement of Financial Affairs, Plaintiff indicated “None” in the section that required Plaintiff to list “all suits and administrative proceedings to which debtor is or was a party within one year immediately preceding the filing of this bankruptcy case.” (Emphasis in original.) Supporting Evidence: RJN, No. 1, Plaintiff’s Bankruptcy Petition, page 30, In re Elhindi, U.S.B.C., E.D.Cal., Case No. 11-31916. 12. 13. Plaintiff declared under penalty of perjury on May 10, 2011, that his Statement of 13. Case 2:15-cv-00009-AC Document 37-2 Filed 04/28/17 Page 4 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 Defendant’s Statement of Undisputed Material Facts (2:15-cv-00009-AC) Undisputed Facts and Evidence Plaintiff’s Response Financial Affairs was true and correct. Supporting Evidence: RJN, Exh. No. 1, Plaintiff’s Bankruptcy Petition, page 34, In re Elhindi, U.S.B.C., E.D.Cal., Case No. 11-31916. 14. Plaintiff was represented by bankruptcy attorney Razi Shah in the filing of his bankruptcy petition. Supporting Evidence: RJN, Exh. No. 1, Plaintiff’s Bankruptcy Petition, page 2, In re Elhindi, U.S.B.C., E.D.Cal., Case No. 11-31916. 14. 15. The United States Bankruptcy Court for the Eastern District of California granted Plaintiff a discharge under section 727 of title 11, United States Code on August 29, 2011. Supporting Evidence: RJN, Exh. No. 2, Discharge of Debtor, In re Elhindi, U.S.B.C., E.D.Cal., Case No. 11-31916. 15. 16. Appearing to the United States Bankruptcy Court for the Eastern District of California that the Trustee completed the administration of the estate, the Court issued its final decree closing the estate on September 9, 2011. Supporting Evidence: RJN, Exh. No. 3, Final Decree, In re Elhindi, U.S.B.C., E.D.Cal., Case No. 11- 31916. 16. Case 2:15-cv-00009-AC Document 37-2 Filed 04/28/17 Page 5 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 Defendant’s Statement of Undisputed Material Facts (2:15-cv-00009-AC) Dated: April 28, 2017 Respectfully submitted, XAVIER BECERRA Attorney General of California SUSAN E. SLAGER Supervising Deputy Attorney General /s/ Marc B. Koenigsberg MARC B. KOENIGSBERG Deputy Attorney General Attorneys for Defendant, California Department of Corrections and Rehabilitation SA2015102185 12655671.doc Case 2:15-cv-00009-AC Document 37-2 Filed 04/28/17 Page 6 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Defendant’s Request for Judicial Notice (2:15-cv-00009-AC) XAVIER BECERRA Attorney General of California SUSAN E. SLAGER Supervising Deputy Attorney General SHANNA MCDANIEL, State Bar No. 229249 Deputy Attorney General MARC B. KOENIGSBERG, State Bar No. 204265 Deputy Attorney General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 322-0235 Fax: (916) 324-5567 E-mail: Marc.Koenigsberg@doj.ca.gov Attorneys for Defendant, California Department of Corrections and Rehabilitation IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ELSIDDIG ELHINDI, Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Defendant. 2:15-cv-00009-AC DEFENDANT’S REQUEST FOR JUDICIAL NOTICE Date: June 7, 2017 Time: 10:00 a.m. Ctrm: 26, 8th Floor Before The Hon. Allison Claire Action Filed: December 31, 2014 PLEASE TAKE NOTICE that, pursuant to Federal Rules of Evidence, rule 201, defendant California Department of Corrections and Rehabilitation (“CDCR”) hereby requests that the court take judicial notice of the following document in support of its motion for summary judgment. All exhibit references correspond to the exhibits attached to this Request: Exhibit 1: Plaintiff Elsiddig Elhindi’s bankruptcy petition, filed May 12, 2011, in In re Elhindi, United States Bankruptcy Court, Eastern District of California, Case No. 11-31916. / / / / / / Case 2:15-cv-00009-AC Document 37-3 Filed 04/28/17 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Defendant’s Request for Judicial Notice (2:15-cv-00009-AC) Exhibit 2: Discharge of plaintiff filed, August 29, 2011, in In re Elhindi, United States Bankruptcy Court, Eastern District of California, Case No. 11-31916. Exhibit 3: Final decree closing case, filed September 9, 2011, in In re Elhindi, United States Bankruptcy Court, Eastern District of California, Case No. 11-31916. Exhibit 4: Plaintiff’s complaint, filed May 2, 2008, in Elhindi v. State of California, et al., Superior Court of California, County of Sacramento, Case No. 34-2008-0010398. Exhibit 5: Dismissal of Plaintiff’s complaint, filed April 28, 2010, in Elhindi v. State of California, et al., Superior Court of California, County of Sacramento, Case No. 34-2008- 0010398. Dated: April 28, 2017 Respectfully submitted, XAVIER BECERRA Attorney General of California SUSAN E. SLAGER Supervising Deputy Attorney General /s/ Marc B. Koenigsberg MARC B. KOENIGSBERG Deputy Attorney General Attorneys for Defendant, California Department of Corrections and Rehabilitation SA2015102185 12655671.doc Case 2:15-cv-00009-AC Document 37-3 Filed 04/28/17 Page 2 of 2 Exhibit 1 Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 1 of 100 Case 11-31916 Filed 05/12/11 Doc 1B 1 (Official Form 1) (1/08) United States Bankr~tct Court Eastern District of ali ornia Voltiqtary Petition \ .. · .. .· ...... .·. ·.· Name of Debtor (if individual, enter Last, First, Middle): Name of Joint Debtor (Spouse) (Last, First, Middle): Elhindi, Elsiddig, Abdelrahim Jones, Robin, Michelle All Other Names used by the Debtor in the last 8 years All Other Names used by the Joint Debtor in the last 8 years (include married, maiden, and trade names): (include married, maiden, and trade names): Last four digits of Soc. Sec. or Indvidual-Taxpayer LO. (ITIN) No./Complete EIN(if Last four digits of Soc. Sec. or Indvidual-Taxpayer LO. (]TIN) No./Complete EIN(ifmore more than one, state all): 5236 than one, state all): 6265 Street Address of Debtor (No. & Street, City, and State): Street Address of Joint Debtor (No. & Street, City, and State): 9124 Brevard Dr. Sacramento, CA I ZIP CODE 95829 I ZIP CODE County of Residence or of the Principal Place of Business: County of Residence or of the Principal Place of Business: Sacramento Sacramento Mailing Address of Debtor (if different from street address): Mailing Address of Joint Debtor (if different from street address): I ZIP CODE I ZIP CODE Location of Principal Assets of Business Debtor (if different from street address above): I ZIP CODE Type of Debtor Nature of Business Chapter of Bankruptcy Code Under Which (Form of Organization) (Check one box) the Petition is Filed (Check one box) (Check one box.) D Health Care Business 0 Chapter 7 D Chapter I 5 Petition for 0 Individual (includes Joint Debtors) D Single Asset Real Estate as defined in D Chapter 9 Recognition of a Foreign See Exhibit Don pa1;e 2 ofthisform. 11 U.S.C.§ 101(518) Main Proceeding D Corporation (includes LLC and LLP) D Railroad D Chapter 11 D Chapter I 5 Petition for D Partnership D Stockbroker D Chapter 12 Recognition of a Foreign D Other (If debtor is not one of the above entities, D Commodity Broker D Nonmain Proceeding check this box and state type of entity below.) D Clearing Bank Chapter 13 D Other Nature of Debts (Check one box) Tax-Exempt Entity 0 Debts are primarily consumer D Debts are primarily (Check box, if applicable) debts, defined in 11 U.S.C. business debts. D Debtor is a tax-exempt organization § IO I (8) as "incurred by an individual primarily for a under Title 26 of the United States personal, family, or house- Code (the Internal Revenue Code.) hold purpose." Filing Fee (Check one box) Check one box: Chapter 11 Debtors 0 Full Filing Fee attached D Debtor is a small business debtor as defined in 11 U.S.C. § 101(51D). O Filing Fee to be paid in installments (applicable to individuals only). Must attach D Debtor is not a small business debtor as defined in I I U.S.C. § 101(51D). signed application for the court's consideration certifying that the debtor is Check if: unable to pay fee except in installments. Rule 1006(b) See Official Form 3A. D Debtor's aggregate noncontingent liquidated debts (excluding debts owed to insiders or affiliates) are less than $2, 190,000. D Filing Fee waiver requested (applicable to chapter 7 individuals only). Must ------------------------------------------ attach signed application for the court's consideration. See Official Form 3B. Check all applicable boxes D A plan is being filed with this petition D Acceptances of the plan were solicited prepetition from one or more classes of creditors, in accordance with I I U.S.C. § I 126(b). Statistical/ Administrative Information THIS SPACE IS FOR D Debtor estimates that funds will be available for distribution to unsecured creditors. COURT USE ONLY 0 Debtor estimates that, after any exempt property is excluded and administrative expenses paid, there will be no funds available for distribution to unsecured creditors. Estimated Number of Creditors 0 D D D D D D D D D I- 50- 100- 200- 1,000- 5,001- 10,001- 25,001- 50,001- Over 49 99 199 999 5,000 10,000 25,000 50,000 100,000 100,000 Estimated Assets D D 0 D D D D D D D $0 to $50,001 to $100,001 to $500,001 to $1,000,001 $10,000,001 $50,000,001 $100,000,001 $500,000,00 l More than $50,000 $ I 00,000 $500,000 $1 to $10 to $50 to $100 to $500 to $1 billion $1 billion million million million million million 2011-31916 Estimated Liabilities D D D (if' D D D D D D FILED $0 to $50,001 to $100,001 to $500,001 to $1,000,001 $10,000,001 $50,000,001 $100,000,001 $500,000,00 l More than May 12, 2011 $50,000 $100,000 $500,000 $1 to $10 to $50 to $100 to $500 to $ I billion $1 billion 6:31 PM million million million million million RELIEF ORDERED CLERK, U.S. BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA I llllll lllll lllll lllll lllll lllll lllll lllll 111111111111111111 0003489070 Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 2 of 100 Case 11-31916 Filed 05/12/11 Doc 1B 1 (Official Form 1) (1/08) FORM Bl, Page 2 Voluntary Petition Name of Debtor(s): (This page must be completed and filed in every case) Elsiddig Abdelrahim Elhindi, Robin Michelle Jones All Prior Bankruptcy Cases Filed Within Last 8 Years (If more than two, attach additional sheet.) Location Case Number: Date Filed: Where Filed: NONE Location Case Number: Date Filed: Where Filed: Pending Bankruptcy Case Filed by any Spouse, Partner or Affiliate of this Debtor (If more than one, attach additional sheet) Name of Debtor: Case Number: Date Filed: NONE District: Relationship: Judge: Exhibit A Exhibit B (To be completed if debtor is required to file periodic reports (e.g., forms !OK and (To be completed if debtor is an individual 1 OQ) with the Securities and Exchange Commission pursuant to Section 13 or 15(d) whose debts are primarily consumer debts) of the Securities Exchange Act of 1934 and is requesting relief under chapter 11.) I, the attorney for the petitioner named in the foregoing petition, declare that I have informed the petitioner that !he or she] may proceed under chapter 7, 11, 12, or 13 of title 11, United States Code, and have explained the relief available under each such chapter. I further certify that I have delivered to the debtor the notice required by 11 U.S.C. § 342(b). D Exhibit A is attached and made a part of this petition. x Isl Razi A. Shah May 10, 2011 Signature of Attorney for Debtor(s) Date Razi A. Shah 181968 Exhibit C Does the debtor own or have possession of any property that poses or is alleged to pose a threat of imminent and identifiable harm to public health or safety? D Yes, and Exhibit C is attached and made a part of this petition. Ii( No ExhibitD (To be completed by every individual debtor. If a joint petition is filed, each spouse must complete and attach a separate Exhibit D.) D Exhibit D completed and signed by the debtor is attached and made a part of this petition. If this is a joint petition: D Exhibit D also completed and signed by the joint debtor is attached and made a part of this petition. Information Regarding the Debtor - Venue (Check any applicable box) Ii( Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 180 days immediately preceding the date of this petition or for a longer part of such 180 days than in any other District. D There is a bankruptcy case concerning debtor's affiliate. general partner, or partnership pending in this District. D Debtor is a debtor in a foreign proceeding and has its principal place of business or principal assets in the United States in this District. or has no principal place of business or assets in the United States but is a defendant in an action or proceeding [in a federal or state court] in this District, or the interests of the parties will be served in regard to the relief sought in this District. Certification by a Debtor Who Resides as a Tenant of Residential Property (Check all applicable boxes.) D Landlord has a judgment against the debtor for possession of debtor's residence. (If box checked, complete the following). (Name of landlord that obtained judgment) (Address of landlord) D Debtor claims that under applicable nonbankruptcy law, there are circumstances under which the debtor would be permitted to cure the entire monetary default that gave rise to the judgment for possession, after the judgment for possession was entered, and D Debtor has included in this petition the deposit with the court of any rent that would become due during the 30-day period after the filing of the petition. D Debtor certifies that he/she has served the Landlord with this certification. ( 11 U.S.C. § 362(1)). Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 3 of 100 Case 11-31916 Filed 05/12/11 Doc 1B 1 (Official Form 1) (1/08) FORM Bl, Page 3 Voluntary Petition Name of Debtor(s): (This page must be completed andfiled in every case) Elsiddig Abdelrahim Elhindi, Robin Michelle Jones Sia natures Signature(s) of Debtor(s) (Individual/Joint) Signature of a Foreign Representative I declare under penalty of perjury that the information provided in this petition is true I declare under penalty of perjury that the information provided in this petition is true and correct. and correct, that I am the foreign representative of a debtor in a foreign proceeding, I If petitioner is an individual whose debts are primarily consumer debts and has and that I am authorized to file this petition. chosen to file under chapter 7] I am aware that I may proceed under chapter 7, 11, 12 or I 3 of title I I, United States Code, understand the relief available under each such (Check only one box.) chapter, and choose to proceed under chapter 7. D I request relief in accordance with chapter I 5 of Title I I, United States Code. llfno attorney represents me and no bankruptcy petition preparer signs the petition I I Certified Copies of the documents required by§ 1515 of title 11 are attached. have obtained and read the notice required by 11 U.S.C. § 342(b). D Pursuant to I I U.S.C. § I 5 I I, I request relief in accordance with the I request relief in accordance with the chapter of title I I, United States Code, specified Chapter of title 11 specified in the petition. A certified copy of the in this petition. order granting recognition of the foreign main proceeding is attached. x Isl Elsiddig Abdelrahim Elhindi x Not Applicable Signature of Debtor Elsiddig Abdelrahim Elhindi (Signature of Foreign Representative) x Isl Robin Michelle Jones Signature of Joint Debtor Robin Michelle Jones (Printed Name of Foreign Representative) Telephone Number (If not represented by attorney) May 10, 2011 Date Date Signature of Attorney Signature of Non-Attorney Petition Preparer x Isl Razi A. Shah Signature of Attorney for Debtor( s) I declare under penalty of perjury that: ( l) I am a bankruptcy petition preparer as defined in 11 U.S.C. § 110; (2) I prepared this document for compensation and have provided Razi A. Shah Bar No. 181968 the debtor with a copy of this document and the notices and information required under 11 U.S.C. §§ 1 IO(b), 1 IO(h), and 342(b); and, (3) if rules or guidelines have been Printed Name of Attorney for Debtor(s) I Bar No. promulgated pursuant to 11 U.S.C. § 11 O(h) setting a maximum fee for services chargeable by bankruptcy petition preparers, I have given the debtor notice of the Law Office of Razi A. Shah maximum amount before preparing any document for filing for a debtor or accepting any Firm Name fee from the debtor, as required in that section. Official Form 19 is attached. P.O. BOX 347 Berkeley, CA 94701 Address Not Applicable Printed Name and title, if any, of Bankruptcy Petition Preparer (510} 396-0075 (510) 647-3731 Social-Security number (If the bankruptcy petition preparer is not an individual, Telephone Number state the Social-Security number of the officer, principal, responsible person or May 10, 2011 partner of the bankruptcy petition preparer.) (Required by 11 U.S.C. § 110.) Date *In a case in which§ 707(b)(4)(D) applies, this signature also constitutes a Address certification that the attorney has no knowledge after an inquiry that the information in the schedules is incorrect. Signature of Debtor (Corporation/Partnership) X Not Applicable I declare under penalty of perjury that the information provided in this petition is true and correct, and that I have been authorized to file this petition on behalf of the Date debtor. Signature of bankruptcy petition preparer or officer, principal, responsible person, or The debtor requests the relief in accordance with the chapter of title 11, United States partner whose Social-Security number is provided above. Code, specified in this petition. Names and Social-Security numbers of all other individuals who prepared or Not Applicable assisted in preparing this document unless the bankruptcy petition preparer is not an x individual. Signature of Authorized Individual If more than one person prepared this document, attach to the appropriate official form for each person. Printed Name of Authorized Individual A bankruptcy petition preparer' s failure to comply with the provisions of title 11 and the Federal Rules of Bankruptcy Procedure may result in fines or imprisonment or both. JI U.S.C. ~ 110; 18 U.S.C. ~ 156. Title of Authorized Individual Date Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 4 of 100 Case 11-31916 Filed 05/12/11 Doc 1 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA In re Elsiddig Abdelrahim Elhindi Robin Michelle Jones Debtors. Case No. Chapter 7 DECLARATION RE: ELECTRONIC FILING OF DOCUMENTS AND STATEMENT OF SOCIAL SECURITY NUMBER Part I - Declaration of Petitioner [We] Elsiddig Abdelrahim Elhindi and _R_o_b_in_M_ic_h_e_ll_e_J_o_n_e_s ______________ _ the undersigned debtor(s), hereby declare under penalty of perjury that the information I have given my attorney and the information provided in the electronically filed petition, statements, and schedules, as well as in any other documents that must contain original signatures, is true, correct, and complete. I consent to my attorney sending my petition, this declaration, statements, and schedules, and any other documents that must contain original signatures, to the United States Bankruptcy Court. I understand that this DECLARATION RE: ELECTRONIC FILING is to be filed with the Clerk once all schedules have been filed electronically but, in no event, no later than 5 days following the date the petition or other document that must contain original signatures was electronically filed. I am aware that I may proceed under chapter 7, 11, 12 or 13 of Title 11 of the United States Code, understand the relief available under each chapter, and choose to proceed under the chapter specified in the petition. I [We] further declare under penalty of perjury that [check appropriate box(es)J: 0 The Social Security Number that I, the Debtor, have given to my attorney, which will be submitted to the Court as part of the electronic case opening process, is true, correct, and complete. O I, the Debtor, do not have a Social Security Number. 0 The Social Security Number that I, the Joint Debtor, have given to my attorney, which will be submitted to the Court as part of the electronic case opening process, is true, correct, and complete. O I, the Joint Debtor, do not have a Social Security Number. O [Check box if petitioner is a corporation or partnership] I declare under penalty of perjury that the information provided in the petition is true, correct, and complete, and that I have been authorized to file the petition on behalf of the debtor. The debtor requests relief in accordance with the chapter specified in the petition. Dated: May 10, 2011 Part II - Declaration of Attorney Signed: /s/ Elsiddig Abdelrahim Elhindi Elsiddig Abdelrahim Elhindi (Debtor) /s/ Robin Michelle Jones Robin Michelle Jones (Co-Debtor) I declare under penalty of perjury that I have reviewed the above debtor's petition and that the information is complete and correct to the best of my knowledge. The debtor(s) will have signed this form before I submit the petition, schedules, and statements, or any other documents that must contain original signatures. I will give the debtor(s) a copy of all forms and information to be filed with the United States Bankruptcy Court, and have followed all other requirements in the most recent exhibit to General Order No. 02-2. I further declare that I have examined the above debtor's petition, schedules, and statements, and any other documents that must contain original signatures, and to the best of my knowledge and belief, they are true, correct, and complete. If an individual, I further declare that I have informed the petitioner that [he or she] may proceed under chapter 7, 11, 12, or 13 of Title11, United States Code, and have explained the relief available under each such chapter. This declaration is based on all information of which I have knowledge. I understand that failure to file the signed original of this DECLARATION will cause this case to be dismissed. Dated: May 10, 2011 /s/ Razi A. Shah RaziA.Shah Attorney for Debtor(s) Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 5 of 100 Case 11-31916 Filed 05/12/11 Doc 1 Form 86-Decl (12/07) UNITED STATES BANKRUPTCY COURT - EASTERN DISTRICT OF CALIFORNIA Debtor(s): Elsiddig Abdelrahim Elhindi Robin Michelle Jones Case No.: (If known) DECLARATION CONCERNING DEBTOR'S SCHEDULES DECLARATION UNDER PENAL TY OF PERJURY BY INDIVIDUAL DEBTOR I declare under penalty of perjury that I have read the foregoing summary and schedules, consisting of sheets, and that they are true and correct to the best of my knowledge, information, and belief. 23 Date May 10, 2011 Date May 10, 2011 Isl Elsiddig Abdelrahim Elhindi Elsiddig Abdelrahim Elhindi Signature of Debtor Isl Robin Michelle Jones Robin Michelle Jones Signature of Joint Debtor, if any [If joint case, both spouses must sign] DECLARATION AND SIGNATURE OF NON-ATTORNEY BANKRUPTCY PETITION PREPARER (See 11 U.S.C. § 110) I declare under penalty of perjury that: (1) I am a bankruptcy petition preparer as defined in 11 U.S.C. § 11 O; (2) I prepared this document for compensation and have provided the debtor with a copy of this document and the notices and information required under 11 U.S.C. §§ 11 O(b), 11 O(h) and 342(b); and, (3) if rules or guidelines have been promulgated pursuant to 11 U.S.C. § 11 O(h) setting a maximum fee for services chargeable by bankruptcy petition preparers, I have given the debtor notice of the maximum amount before preparing any document for filing for a debtor or accepting any fee from the debtor, as required by that section. Printed or Typed Name and Title, if any, of Bankruptcy Petition Preparer Social Security No. (Required by 11 U.S.C. § 110.) If the bankruptcy petition preparer is not an individual, state the name, title (if any), address, and social security number of the officer, principal, responsible person, or partner who signs this document. Address x Signature of Bankruptcy Petition Preparer Date Names and Social Security numbers of all other individuals who prepared or assisted in preparing this document, unless the bankruptcy petition preparer is not an individual: If more than one person prepared this document, attach additional signed sheets conforming to the appropriate Official Form for each person. A bankruptcy petition preparer's failure to comply with the provisions of title 11 and the Federal Rules of Bankruptcy Procedure may result in fines or imprisonment or both. 11 U.S. C. § 11 O; 18 U.S. C. § 156. DECLARATION UNDER PENAL TY OF PERJURY ON BEHALF OF CORPORATION OR PARTNERSHIP I , the of the-------- named as debtor in this case, declare under penalty of perjury that I have read the foregoing summary and schedules, consisting of _________ sheets (Total shown on summary page plus 1), and that they are true and correct to the best of my knowledge, information, and belief. Date Signature: [Print or type name of individual signing on behalf of debtor.] [An individual signing on behalf of a partnership or corporation must indicate position or relationship to debtor.] Penalty for making a false statement or concealing property: Fine of up to $500, 000 or imprisonment for up to 5 years or both. 18 U.S. C. §§ 152 and 3571. Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 6 of 100 Case 11-31916 Filed 05/12/11 Doc 1 Official Form B6A (12/07) UNITED STATES BANKRUPTCY COURT - EASTERN DISTRICT OF CALIFORNIA Debtor(s): Elsiddig Abdelrahim Elhindi Robin Michelle Jones Case No.: (If known) SCHEDULE A - REAL PROPERTY t- CURRENT VALUE z 0 >- OF DEBTOR'S ... t- INTEREST IN DESCRIPTION AND wz PROPERTY, WITHOUT LOCATION OF NATURE OF DEBTOR'S Ll.::, DEDUCTING ANY PROPERTY INTEREST IN PROPERTY 3: ~ SECURED CLAIM co OR EXEMPTION ZU <( cc ffio ::, J: 9124 Brevard Dr. Fee Owner J $ 220,000.00 Sacramento, CA 95829 Total ~ $ 220,000.00 (Report also on Summary of Schedules.) AMOUNT OF SECURED CLAIM $ 513,000.00 Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 7 of 100 Case 11-31916 Filed 05/12/11 Doc 1 Official Form B6B (12/07) UNITED STATES BANKRUPTCY COURT - EASTERN DISTRICT OF CALIFORNIA Debtor(s): Elsiddig Abdelrahim Elhindi Robin Michelle Jones Case No.: (If known) SCHEDULE B - PERSONAL PROPERTY f-z 0 >- --, f- w-z LI- ::::, w DESCRIPTION AND LOCATION ~~ z TYPE OF PROPERTY 0 OF PROPERTY z oO zo <( a: 5l O ::::, I 1 . Cash on hand x 2. Checking, savings or other financial CHASE CHECKING accounts, certificates of deposit, or shares in banks, savings and loan, thrift, building and loan, and homestead associations, or credit unions, brokerage houses, or cooperatives. Checking, savings or other financial GOLDEN 1 CREDIT UNION CHECKING accounts, certificates of deposit, or shares in banks, savings and loan, thrift, building and loan, and homestead associations, or credit unions, brokerage houses, or cooperatives. Checking, savings or other financial GOLDEN 1 CREDIT UNION SAVING accounts, certificates of deposit, or shares in banks, savings and loan, thrift, building and loan, and homestead associations, or credit unions, brokerage houses, or cooperatives. 3. Security deposits with public utilities, x telephone companies, landlords, and others. 4. Household goods and furnishings, FURNITURE/ APPLIANCES including audio, video, and computer equipment. 5. Books, pictures and other art objects, x antiques, stamp, coin, record, tape, compact disc, and other collections or collectibles. 6. Wearing apparel. CLOTHING 7. Furs and jewelry. COSTUME JEWELRY s. Firearms and sports, photographic, and x other hobby equipment. 9. Interests in insurance policies. Name x insurance company of each policy and itemize surrender or refund value of each. 1 o. Annuities. Itemize and name each x issuer. 11. Interests in an education IRA as defined x in 26 U.S.C. § 530(b)(1) or under a qualified State tuition plan as defined in 26 U.S.C. § 529(b)(1). Give particulars. (File separately the record(s) of any such interest(s). 11 U.S.C. § 521 (c).) 12. Interests in IRA, ERISA, Keogh, or other x pension or profit sharing plans. Give particulars. 13. Stock and interests in incorporated and x unincorporated businesses. Itemize. CURRENT VALUE OF DEBTOR'S INTEREST IN PROPERTY, WITH- OUT DEDUCTING ANY SECURED CLAIM OR EXEMPTION 55_00 50-00 90-00 550.00 600.00 160.00 Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 8 of 100 Case 11-31916 Filed 05/12/11 Doc 1 Official Form B6B Cont'd (12/07) UNITED STATES BANKRUPTCY COURT - EASTERN DISTRICT OF CALIFORNIA Debtor(s): Elsiddig Abdelrahim Elhindi Robin Michelle Jones Case No.: (If known) SCHEDULE B - PERSONAL PROPERTY (Continuation Sheet) f-z 0 >- --, f- w-z LI- ::::, w DESCRIPTION AND LOCATION ~~ z TYPE OF PROPERTY 0 OF PROPERTY z oO zo <( a: 5l O ::::, I 14. Interests in partnerships or joint ventures. x Itemize. 15. Government and corporate bonds and x other negotiable and nonnegotiable instruments. 16. Accounts receivable. x 17. Alimony, maintenance, support, and x property settlements to which the debtor is or may be entitled. Give particulars. 18. Other liquidated debts owed to debtor x including tax refunds. Give particulars. 19. Equitable or future interests, life estates, x and rights or powers exercisable for the benefit of the debtor other than those listed in Schedule A - Real Property. 20. Contingent and noncontingent interests x in estate of a decedent, death benefit plan, life insurance policy, or trust. 21. Other contingent and unliquidated claims x of every nature, including tax refunds, counterclaims of the debtor, and rights to setoff claims. Give estimated value of each. 22. Patents, copyrights, and other intellectual x property. Give particulars. 23. Licenses, franchises, and other general x intangibles. Give particulars. 24. Customer lists or other compilations x containing personally identifiable information (as defined in 11 U.S.C. § 101(41A)) provided to the debtor by individuals in connection with obtaining a product or service from the debtor primarily for personal, family, or household purposes. 25. Automobiles, trucks, trailers, and other 1998 FORD MUSTANG vehicles and accessories. Automobiles, trucks, trailers, and other 2000 LEXUS LS 400 vehicles and accessories. Automobiles, trucks, trailers, and other 2005 LEXUS GS 330 vehicles and accessories. 26. Boats, motors, and accessories. x 27. Aircraft and accessories. x 28. Office equipment, furnishings, and x supplies. 29. Machinery, fixtures, equipment and x supplies used in business. 30. Inventory. x CURRENT VALUE OF DEBTOR'S INTEREST IN PROPERTY, WITH- OUT DEDUCTING ANY SECURED CLAIM OR EXEMPTION 3,500-00 9,500.00 10,500.00 Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 9 of 100 Case 11-31916 Filed 05/12/11 Doc 1 Official Form B6B Cont'd (12/07) UNITED STATES BANKRUPTCY COURT - EASTERN DISTRICT OF CALIFORNIA Debtor(s): Elsiddig Abdelrahim Elhindi Robin Michelle Jones I Case No.: (If known) SCHEDULE B - PERSONAL PROPERTY (Continuation Sheet) w DESCRIPTION AND LOCATION z TYPE OF PROPERTY 0 OF PROPERTY z 31. Animals. x 32. Crops - growing or harvested. Give x particulars. 33. Farming equipment and implements. x 34. Farm supplies, chemicals, and feed. x 35. Other personal property of any kind not x already listed. Itemize. 2 continuation sheets attached -- f- CURRENT VALUE OF z 0 >- DEBTOR'S INTEREST --, f- w-z IN PROPERTY, WITH- LI- ::::, ~~ OUT DEDUCTING ANY SECURED CLAIM oO zo OR EXEMPTION <( a: 5l O ::::, I Total , $ 25,005-00 (Include amounts from any continuation sheets attached. Report total also on Summary of Schedules.) Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 10 of 100 Case 11-31916 Filed 05/12/11 Doc 1 Form B6C (12/07) UNITED STATES BANKRUPTCY COURT - EASTERN DISTRICT OF CALIFORNIA Debtor(s): Elsiddig Abdelrahim Elhindi Robin Michelle Jones Case No.: (If known) SCHEDULE C - PROPERTY CLAIMED AS EXEMPT Debtor claims the exemptions to which debtor is entitled under: (Check one box) 011 u.s.c. § 522(b)(2) lZJ 11 u.s.c. § 522(b)(3) DESCRIPTION OF PROPERTY 1998 FORD MUSTANG 2000 LEXUS LS 400 2005 LEXUS GS 330 CHASE CHECKING CLOTHING COSTUME JEWELRY FURNITURE/ APPLIANCES GOLDEN 1 CREDIT UNION CHECKING GOLDEN 1 CREDIT UNION SAVING SPECIFY LAW PROVIDING EACH EXEMPTION C.C.P. § 703.140(b)(2) C.C.P. § 703.140(b)(5) C.C.P. § 703.140(b)(1) C.C.P. § 703.140(b)(1) C.C.P. § 703.140(b)(5) C.C.P. § 703.140(b)(5) C.C.P. § 703.140(b)(4) C.C.P. § 703.140(b)(1) C.C.P. § 703.140(b)(5) C.C.P. § 703.140(b)(5) C.C.P. § 703.140(b)(5) D Check if debtor claims a homestead exemption that exceeds $136,875 VALUE OF CURRENT CLAIMED VALUE OF PROPERTY EXEMPTION WITHOUT DEDUCTING EXEMPTION 3,300.00 3,500.00 200.00 9,500.00 9,500.00 10,500.00 10,500.00 55.00 55.00 600.00 600.00 160.00 160.00 450.00 550.00 100.00 50.00 50.00 90.00 90.00 Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 11 of 100 Case 11-31916 Filed 05/12/11 Doc 1 Form 860 (12/07) UNITED STATES BANKRUPTCY COURT - EASTERN DISTRICT OF CALIFORNIA Debtor(s): Elsiddig Abdelrahim Elhindi Robin Michelle Jones I Case No.: (If known) SCHEDULE D - CREDITORS HOLDING SECURED CLAIMS D Check this box if debtor has no creditors holding secured claims to report on this Schedule D. CREDITOR'S NAME AND MAILING ADDRESS INCLUDING ZIP CODE AND AN ACCOUNT NUMBER (See Instructions, Above.) ACCOUNT NO. CHASE BANK PO BOX 24696 COLUMBUS, OH 43224 ACCOUNT NO. CHASE HOME FINANCE LLC PO BOX 24696 COLUMBUS, OH 43224 ACCOUNT NO. SANTANDER CONSUMER USA 8585 N TREMMONS FW STE 1000 DALLAS, TX 75247 ACCOUNT NO. WELLS FARGO HOME MORTGAGE PO BOX 659558 SAN ANTONIO, TX 09558 Q continuation sheets attached f- z o>- a: 'C:: 0 LJ.J·z f- LL :0 "' ,;:~ LJ.J 0 60 0 zo 0 <( a: ffio :0 I H H H H DATE CLAIM WAS INCURRED, NATURE f- 0 LJ.J z f- OF LIEN, AND LJ.J <( CJ g DESCRIPTION AND z :0 >'= Q VALUE OF PROPERTY z 0 _J z SUBJECT TO LIEN 0 :0 Non-Purchase Money Security Agreement 9124 Brevard Dr. Sacramento, CA 95829 VALUE $220,000.00 Non-Purchase Money Security Agreement 9124 Brevard Dr. Sacramento, CA 95829 VALUE $220,000.00 Automobile Loan 2000 LEXUS LS 400 VALUE $9,500.00 Mortgage 9124 Brevard Dr. Sacramento, CA 95829 VALUE $220,000.00 Subtotal , (Total of this page) Total ,. (Use only on last page) AMOUNT OF UNSECURED CLAIM WITHOUT PORTION, IF DEDUCTING ANY VALUE OF COLLATERAL 125,000.00 0.00 128,000.00 0.00 9,800.00 300.00 260,000.00 40,000.00 $ 522,800.00 $ 40,300.00 $ 522,800.00 $ 40,300.00 (Report also on Summary of (If applicable, report Schedules) also on Statistical Summary of Certain Liabilities and Related Data.) Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 12 of 100 Case 11-31916 Filed 05/12/11 Doc 1 Form B6E (12/07) UNITED STATES BANKRUPTCY COURT - EASTERN DISTRICT OF CALIFORNIA Debtor(s): Elsiddig Abdelrahim Elhindi Robin Michelle Jones I Case No.: (If known) SCHEDULE E - CREDITORS HOLDING UNSECURED PRIORITY CLAIMS Gl Check this box if debtor has no creditors holding unsecured priority claims to report on this Schedule E. TYPES OF PRIORITY CLAIMS (Check the appropriate box(es) below if claims in that category are listed on the attached sheets.) D Domestic Support Obligations Claims for domestic support that are owed to or recoverable by a spouse, former spouse, or child of the debtor, or the parent, legal guardian, or responsible relative of such a child, or a governmental unit to whom such a domestic support claim has been assigned to the extent provided in 11 U.S.C. § 507(a)(1 ). D Extensions of credit in an involuntary case Claims arising in the ordinary course of the debtor's business or financial affairs after the commencement of the case but before the earlier of the appointment of a trustee or the order for relief. 11 U.S.C. § 507(a)(3). D Wages, salaries, and commissions Wages, salaries, and commissions, including vacation, severance, and sick leave pay owing to employees and commissions owing to qualifying independent sales representatives up to $10,950* per person earned within 180 days immediately preceding the filing of the original petition, or the cessation of business, whichever occurred first, to the extent provided in 11 U.S.C. § 507(a)(4). D Contributions to employee benefit plans Money owed to employee benefit plans for services rendered within 180 days immediately preceding the filing of the original petition, or the cessation of business, whichever occurred first, to the extent provided in 11 U.S.C. § 507(a)(5). D Certain farmers and fishermen Claims of certain farmers and fishermen, up to $5,400* per farmer or fisherman, against the debtor, as provided in 11 U.S.C. § 507(a)(6). D Deposits by individuals Claims of individuals up to $2,425* for deposits for the purchase, lease, or rental of property or services for personal, family, or household use, that were not delivered or provided. 11 U.S.C. § 507(a)(7). D Taxes and Certain Other Debts Owed to Governmental Units Taxes, customs duties, and penalties owing to federal, state, and local governmental units as set forth in 11 U.S.C. § 507(a)(8). Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 13 of 100 Case 11-31916 Filed 05/12/11 Doc 1 D Commitments to Maintain the Capital of an Insured Depository Institution Claims based on commitments to the FDIC, RTC, Director of the Office of Thrift Supervision, Comptroller of the Currency, or Board of Governors of the Federal Reserve System, or their predecessors or successors, to maintain the capital of an insured depository institution. 11 U.S.C. § 507 (a)(9). D Claims for Death or Personal Injury While Debtor Was Intoxicated Claims for death or personal injury resulting from the operation of a motor vehicle or vessel while the debtor was intoxicated from using alcohol, a drug, or another substance. 11 U.S.C. § 507(a)(10). * Amounts are subject to adjustment on April 1, 2010, and every three years thereafter with respect to cases commenced on or after the date of adjustment. i continuation sheets attached Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 14 of 100 Case 11-31916 Filed 05/12/11 Doc 1 Form B6E Cont'd (12/07) UNITED STATES BANKRUPTCY COURT - EASTERN DISTRICT OF CALIFORNIA Debtor(s): Elsiddig Abdelrahim Elhindi Robin Michelle Jones I Case No.: (If known) SCHEDULE E - CREDITORS HOLDING UNSECURED PRIORITY CLAIMS (Continuation Sheet) Type of Priority for Claims Listed on This Sheet CREDITOR'S NAME, MAILING ADDRESS a: 0 INCLUDING ZIP CODE, >--"' LJ.J AND ACCOUNT NUMBER 0 0 (See instructions above.) 0 ACCOUNT NO. Sheet no. 2 of 2 continuation sheets attached to Schedule of Creditors Holding Priority Claims >--z o>-..., >-- wz LL:::, ,;:j 00 zo <( a: elo :::, I DATE CLAIM WAS >-- INCURRED AND z LJ.J CONSIDERATION CJ z >'= FOR CLAIM z 0 0 Subtotals,. $ (Totals of this page) Total r (Use only on last page of the completed Schedule E. Report also on the Summary of Schedules.) Total r (Use only on last page of the completed Schedule E. If applicable, report also on the Statistical Summary of Certain Liabilities and Related Data. ) AMOUNT AMOUNT AMOUNT OF CLAIM ENTITLED TO NOT PRIORITY ENTITLED TO PRIORITY, IF ANY $0.00 0.00 $ 0.00$ 0.00 Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 15 of 100 Case 11-31916 Filed 05/12/11 Doc 1 Form B6F (12/07) UNITED STATES BANKRUPTCY COURT- EASTERN DISTRICT OF CALIFORNIA Debtor(s): Elsiddig Abdelrahim Elhindi Robin Michelle Jones I Case No.: (If known) SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS D Check this box if debtor has no creditors holding unsecured claims to report on this Schedule F. CREDITOR'S NAME, MAILING ADDRESS a: 0 INCLUDING ZIP CODE, f-"' AND ACCOUNT NUMBER LlJ 0 0 (See instructions above.) 0 ACCOUNT NO. ACS/EASTWEST BANK 501 BLEEKER STREET UTICA, NY 13501 ACCOUNT NO. AMERICAN EXPRESS PO BOX 981537 EL PASO, TX 79998 ACCOUNT NO. AMERICAN EXPRESS PO BOX 981537 EL PASO, TX 79998 ACCOUNT NO. BANK OF AMERICA PO BOX 17054 WILMINGTON, DE 19850 ACCOUNT NO. BANK OF AMERICA PO BOX 17054 WILMINGTON, DE 19850 ;1 Continuat1on sheets attached f-z o>- DATE CLAIM WAS 0 -, f- f-w~z INCURRED AND z LlJ LlJ f-LJ..::} CONSIDERATION FOR (') <( 3: ~ ~ g CLAIM. :::, 60 f- a zo z <( a: IF CLAIM IS SUBJECT TO 0 ::J gJo 0 z SETOFF, SO STATE :::, :::, I STUDENT LOAN CREDIT CARD H CREDIT CARD H CREDIT CARD H CREDIT CARD Subtotal , ~ Total , (Use only on last page of the completed Schedule F.) (Report also on Summary of Schedules and, if applicable on the Statistical Summary of Certain Liabilities and Related Data.) AMOUNT OF CLAIM 45,000.00 7,200.00 3,200.00 5,300.00 10,300.00 71,000.00 Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 16 of 100 Case 11-31916 Filed 05/12/11 Doc 1 Form B6F Cont'd (12/07) UNITED STATES BANKRUPTCY COURT- EASTERN DISTRICT OF CALIFORNIA Debtor(s): Elsiddig Abdelrahim Elhindi Robin Michelle Jones I Case No.: (If known) SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS CREDITOR'S NAME, MAILING ADDRESS a: 0 INCLUDING ZIP CODE, f-"' AND ACCOUNT NUMBER w Cl 0 (See instructions above.) (.) ACCOUNT NO. BARCLAYS BANK DELAWARE PO BOX8803 WILMINGTON, DE 19899 ACCOUNT NO. CACH LLC 370 17TH STREET SUITE 5000 DENVER, CO 80202 ACCOUNT NO. CACH LLC 370 17TH STREET SUITE 5000 DENVER, CO 80202 ACCOUNT NO. CAPITAL ONE BANK USA NA PO BOX 30281 SALT LAKE CITY, UT 84130 ACCOUNT NO. CHASE/BANK ONE CARD SERV PO BOX 15298 WILMINGTON, DE 19850 Sheet no. 1 of§ continuation sheets attached to Schedule of Creditors Holding Unsecured Nonpriority Claims (Continuation Sheet) f-z o>- DATE CLAIM WAS Cl --, f- f-LU-z INCURRED AND z w LL=> w f- ~~ CONSIDERATION FOR (!) 60 Q zo z => I w CREDIT CARD H COLLECTIONS H COLLECTIONS w CREDIT CARD H CREDIT CARD Subtotal , ~ Total , (Use only on last page of the completed Schedule F.) (Report also on Summary of Schedules and, if applicable on the Statistical Summary of Certain Liabilities and Related Data.) AMOUNT OF CLAIM 3,200.00 4,400.00 8,200.00 900.00 4,400.00 21,100.00 Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 17 of 100 Case 11-31916 Filed 05/12/11 Doc 1 Form B6F Cont'd (12/07) UNITED STATES BANKRUPTCY COURT- EASTERN DISTRICT OF CALIFORNIA Debtor(s): Elsiddig Abdelrahim Elhindi Robin Michelle Jones I Case No.: (If known) SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS CREDITOR'S NAME, MAILING ADDRESS a: 0 INCLUDING ZIP CODE, f-"' AND ACCOUNT NUMBER w Cl 0 (See instructions above.) (.) ACCOUNT NO. CHASE/BANK ONE CARD SERV PO BOX 15298 WILMINGTON, DE 19850 ACCOUNT NO. CHASE/BANK ONE CARD SERV PO BOX 15298 WILMINGTON, DE 19850 ACCOUNT NO. CHASE/BANK ONE CARD SERV PO BOX 15298 WILMINGTON, DE 19850 ACCOUNT NO. CHASE/BANK ONE CARD SERV PO BOX 15298 WILMINGTON, DE 19850 ACCOUNT NO. CHEVRON 2005 DIAMOND BLVD CONCORD, CA 94520 Sheet no. g of§ continuation sheets attached to Schedule of Creditors Holding Unsecured Nonpriority Claims (Continuation Sheet) f-z o>- DATE CLAIM WAS Cl --, f- f-LU-z INCURRED AND z w LL=> w f- ~~ CONSIDERATION FOR (!) 60 Q zo z => I H CREDIT CARD w CREDIT CARD H CREDIT CARD J CREDIT CARD J CREDIT CARD Subtotal , ~ Total , (Use only on last page of the completed Schedule F.) (Report also on Summary of Schedules and, if applicable on the Statistical Summary of Certain Liabilities and Related Data.) AMOUNT OF CLAIM 3,500.00 1,500.00 5,200.00 7,400.00 400.00 18,000.00 Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 18 of 100 Case 11-31916 Filed 05/12/11 Doc 1 Form B6F Cont'd (12/07) UNITED STATES BANKRUPTCY COURT- EASTERN DISTRICT OF CALIFORNIA Debtor(s): Elsiddig Abdelrahim Elhindi Robin Michelle Jones I Case No.: (If known) SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS CREDITOR'S NAME, MAILING ADDRESS a: 0 INCLUDING ZIP CODE, f-"' AND ACCOUNT NUMBER w Cl 0 (See instructions above.) (.) ACCOUNT NO. DISCOVER FINANCIAL SVC LLC PO BOX 15316 WILMINGTON, DE 19850 ACCOUNT NO. DSNB/BLOOMINGDALES PO BOX 8218 MASON, OH 45040 ACCOUNT NO. DSNB/MACYS PO BOX 8218 MASON, OH 45040 ACCOUNT NO. FIRST NATIONWIDE BANK PO BOC 15510 SACRAMENTO, CA 95852 ACCOUNT NO. GE MONEY BANK/CHEVRON PO BOX 981432 BLDG.B EL PASO, TX 79998 Sheet no. ~ of§ continuation sheets attached to Schedule of Creditors Holding Unsecured Nonpriority Claims (Continuation Sheet) f-z o>- DATE CLAIM WAS Cl --, f- f-LU-z INCURRED AND z w LL=> w f- ~~ CONSIDERATION FOR (!) 60 Q zo z => I H CREDIT CARD w CHARGE ACCOUNT w CHARGE ACCOUNT H CREDIT CARD J CHARGE ACCOUNT Subtotal , ~ Total , (Use only on last page of the completed Schedule F.) (Report also on Summary of Schedules and, if applicable on the Statistical Summary of Certain Liabilities and Related Data.) AMOUNT OF CLAIM 5,400.00 500.00 1,700.00 4,600.00 2,500.00 14,700.00 Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 19 of 100 Case 11-31916 Filed 05/12/11 Doc 1 Form B6F Cont'd (12/07) UNITED STATES BANKRUPTCY COURT- EASTERN DISTRICT OF CALIFORNIA Debtor(s): Elsiddig Abdelrahim Elhindi Robin Michelle Jones I Case No.: (If known) SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS CREDITOR'S NAME, MAILING ADDRESS a: 0 INCLUDING ZIP CODE, f-"' AND ACCOUNT NUMBER w Cl 0 (See instructions above.) (.) ACCOUNT NO. GE MONEY BANK/CHEVRON PO BOX 981432 BLDG.B EL PASO, TX 79998 ACCOUNT NO. GEMB/MERVYNS PO BOX 981400 EL PASO, TX 79998 ACCOUNT NO. GEMB/SAM'S CLUB PO BOX 981400 EL PASO, TX 79998 ACCOUNT NO. GEMB/WALMART PO BOX 981400 WL PASO, TX 79998 ACCOUNT NO. HSBC BANK PO BOX 5253 CAROL, STREAM, IL 60197 Sheet no. 1 of§ continuation sheets attached to Schedule of Creditors Holding Unsecured Nonpriority Claims (Continuation Sheet) f-z o>- DATE CLAIM WAS Cl --, f- f-LU-z INCURRED AND z w LL=> w f- ~~ CONSIDERATION FOR (!) 60 Q zo z => I w CHARGE ACCOUNT w CHARGE ACCOUNT H CHARGE ACCOUNT w CHARGE ACCOUNT w CREDIT CARD Subtotal , ~ Total , (Use only on last page of the completed Schedule F.) (Report also on Summary of Schedules and, if applicable on the Statistical Summary of Certain Liabilities and Related Data.) AMOUNT OF CLAIM 800.00 500.00 700.00 300.00 1,500.00 3,800.00 Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 20 of 100 Case 11-31916 Filed 05/12/11 Doc 1 Form B6F Cont'd (12/07) UNITED STATES BANKRUPTCY COURT- EASTERN DISTRICT OF CALIFORNIA Debtor(s): Elsiddig Abdelrahim Elhindi Robin Michelle Jones I Case No.: (If known) SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS CREDITOR'S NAME, MAILING ADDRESS a: 0 INCLUDING ZIP CODE, f-"' AND ACCOUNT NUMBER w Cl 0 (See instructions above.) (.) ACCOUNT NO. HSBC BANK PO BOX 5253 CAROL, STREAM, IL 60197 ACCOUNT NO. THEHOMEDEPOTICBSD PO BOX 6497 SIOUX FALLS, SD 57117 Sheet no. § of§ continuation sheets attached to Schedule of Creditors Holding Unsecured Nonpriority Claims (Continuation Sheet) f-z o>- DATE CLAIM WAS Cl --, f- f-LU-z INCURRED AND z w LL=> w f- ~~ CONSIDERATION FOR (!) 60 Q zo z => I w CREDIT CARD H CHARGE ACCOUNT Subtotal , Total , (Use only on last page of the completed Schedule F.) (Report also on Summary of Schedules and, if applicable on the Statistical Summary of Certain Liabilities and Related Data.) AMOUNT OF CLAIM 2,000.00 4,700.00 6,700.00 135,300.0 Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 21 of 100 Case 11-31916 Filed 05/12/11 Doc 1 Form B6G (12/07) UNITED STATES BANKRUPTCY COURT - EASTERN DISTRICT OF CALIFORNIA Debtor(s): Elsiddig Abdelrahim Elhindi Robin Michelle Jones Case No.: (If known) SCHEDULE G - EXECUTORY CONTRACTS AND UNEXPIRED LEASES lif Check this box if debtor has no executory contracts or unexpired leases. DESCRIPTION OF CONTRACT OR LEASE AND NATURE OF NAME AND MAILING ADDRESS, INCLUDING ZIP CODE, DEBTOR'S INTEREST, STATE WHETHER LEASE IS FOR OF OTHER PARTIES TO LEASE OR CONTRACT. NONRESIDENTIAL REAL PROPERTY. STATE CONTRACT NUMBER OF ANY GOVERNMENT CONTRACT. Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 22 of 100 Case 11-31916 Filed 05/12/11 Doc 1 Form B6H (12/07) UNITED STATES BANKRUPTCY COURT - EASTERN DISTRICT OF CALIFORNIA Debtor(s): Elsiddig Abdelrahim Elhindi Robin Michelle Jones Case No.: (If known) SCHEDULE H - CODEBTORS Iii" Check this box if debtor has no codebtors. NAME AND ADDRESS OF CODEBTOR NAME AND ADDRESS OF CREDITOR Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 23 of 100 Case 11-31916 Filed 05/12/11 Doc 1 Form 861 - (Rev. 12/07) UNITED STATES BANKRUPTCY COURT - EASTERN DISTRICT OF CALIFORNIA Debtor(s): Elsiddig Abdelrahim Elhindi Robin Michelle Jones I Case No.: (If known) SCHEDULE I - CURRENT INCOME OF INDIVIDUAL DEBTOR(S) The column labeled "Spouse" must be completed in all cases filed by joint debtors and by every married debtor, whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed. Do not state the name of any minor child. The average monthly income calculated on this form may differ from the current monthly income calculated on Form 22A, 228, or 22C. Debtor's Marital DEPENDENTS OF DEBTOR AND SPOUSE Status: MARRIED RELATIONSHIP(S): SON PARENT Employment: DEBTOR Occupation PEACE OFFICER Name of Employer STATE OF CALIFORNIA How long employed 25 YEARS Address of Employer INCOME: (Estimate of average or projected monthly income at time case filed) 1. Monthly gross wages, salary, and commissions (Prorate if not paid monthly.) 2. Estimate monthly overtime 3. SUBTOTAL 4. LESS PAYROLL DEDUCTIONS a. Payroll taxes and social security b. Insurance c. Union dues d. Other (Specify) 457 WITHHOLDING STATE & LOCAL TAXES 5. SUBTOTAL OF PAYROLL DEDUCTIONS 6. TOTAL NET MONTHL V TAKE HOME PAV 7. Regular income from operation of business or profession or farm (Attach detailed statement) 8. Income from real property 9. Interest and dividends 10. Alimony, maintenance or support payments payable to the debtor for the debtor's use or that of dependents listed above. 11. Social security or other government assistance (Specify) 12. Pension or retirement income 13. Other monthly income (Specify) 16. COMBINED AVERAGE MONTHLY INCOME: (Combine column totals from line 15) AGE(S): 20 SPOUSE NURSE ASSIST ANT KAISER 10 YEARS DEBTOR SPOUSE $ 4,000.00 $ 2,800.00 $ 0.00 $ 0.00 $ 4,000.QQ $ 2,800.QQ $ 534.00 $ 295.00 $ 84.00 $ 65.00 $ 82.00 $ 77.00 $ 200.00 $ 140.00 $ 191.00 $ 122.00 $ 1,091.00 $ 699.00 $ 2,909.00 $ 2,101.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ Q.QQ $ Q.QQ $ 0.00 $ 0.00 $ Q.QQ $ Q.QQ $ 2,909.00 $ 2,101.00 $ 5,010.00 (Report also on Summary of Schedules and, 1f applicable, on Statistical Summary of Certain Liabilities and Related Data) 17. Describe any increase or decrease in income reasonably anticipated to occur within the year following the filing of this document.: Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 24 of 100 Case 11-31916 Filed 05/12/11 Doc 1 Form 861 - (Rev. 12/07) UNITED STATES BANKRUPTCY COURT - EASTERN DISTRICT OF CALIFORNIA Debtor(s): Elsiddig Abdelrahim Elhindi Robin Michelle Jones I Case No.: (If known) SCHEDULE I - CURRENT INCOME OF INDIVIDUAL DEBTOR(S) NONE Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 25 of 100 Case 11-31916 Filed 05/12/11 Doc 1 Form B6J (Rev. 12/07) UNITED STATES BANKRUPTCY COURT - EASTERN DISTRICT OF CALIFORNIA Debtor(s): Elsiddig Abdelrahim Elhindi Robin Michelle Jones I Case No.: (If known) SCHEDULE J - CURRENT EXPENDITURES OF INDIVIDUAL DEBTOR(S) Complete this schedule by estimating the average or projected monthly expenses of the debtor and the debtor's family at time case filed. Prorate any payments made biweekly, quarterly, semi-annually, or annually to show monthly rate. The average monthly expenses calculated on this form may differ from the deductions from income allowed on Form22A or 22C. D Check this box if a joint petition is filed and debtor's spouse maintains a separate household. Complete a separate schedule of expenditures labeled "Spouse." 1. Rent or home mortgage payment (include lot rented for mobile home) a. Are real estate taxes included? Yes No ./ b. Is property insurance included? Yes No ,/ 2. Utilities: a. Electricity and heating fuel b. Water and sewer c. Telephone d. Other SAC COUNTY WASTE MANAGEMENT 3. Home maintenance (repairs and upkeep) 4. Food 5. Clothing 6. Laundry and dry cleaning 7. Medical and dental expenses 8. Transportation (not including car payments) 9. Recreation, clubs and entertainment, newspapers, magazines, etc. 10. Charitable contributions 11. Insurance (not deducted from wages or included in home mortgage payments) a. Homeowner's or renter's b. Life c. Health d. Auto e. Other ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 12. Taxes (not deducted from wages or included in home mortgage payments) (Specify) 13. Installment payments: (In chapter 11, 12, and 13 cases, do not list payments to be included in the plan) a. Auto b. Other ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~- 14. Alimony, maintenance, and support paid to others 15. Payments for support of additional dependents not living at your home 16. Regular expenses from operation of business, profession, or farm (attach detailed statement) 17. Other Care of household or family members Education for Empl. Or Challenged Child Health care Non-fuel Automobile expenses Ordinary and necessary operating expense Protection against family violence Telecommunication services 18. AVERAGE MONTHLY EXPENSES (Total lines 1-17. Report also on Summary of Schedules and, if applicable, on the Statistical Summary of Certain Liabilities and Related Data.) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1,560.00 400.00 95.00 210.00 67.00 515.00 965.00 145.00 85.00 800.00 880.00 190.00 85.00 155.00 160.00 185.00 250.00 0.00 0.00 268.00 0.00 0.00 0.00 0.00 320.00 75.00 340.00 280.00 420.00 355.00 210.00 9,015.00 19. Describe any increase or decrease in expenditures reasonably anticipated to occur within the year following the filing of this document: 20. STATEMENT OF MONTHLY NET INCOME a. Average monthly income from Line 15 of Schedule I b. Average monthly expenses from Line 18 above c. Monthly net income (a. minus b.) $ $ $ 5,010.00 9,015.00 -4,005.00 Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 26 of 100 Case 11-31916 Filed 05/12/11 Doc 1 Official Form 6 -summary (10/06) UNITED STATES BANKRUPTCY COURT - EASTERN DISTRICT OF CALIFORNIA Debtor(s): Elsiddig Abdelrahim Elhindi Case No.: Robin Michelle Jones (if known) SUMMARY OF SCHEDULES Indicate as to each schedule whether that schedule is attached and state the number of pages in each. Report the totals from Schedules A, B, D, E, F, I, and J in the boxes provided. Add the amounts from Schedules A and B to determine the total amount of the debtor's assets. Add the amounts of all claims from Schedules D, E, and F to determine the total amount of the debtor's liabilities. Individual debtors also must complete the "Statistical Summary of Certain Liabilities and Related Data" if they file a case under chapter 7, 11, or 13. NAME OF SCHEDULE ATTACHED NO. OF SHEETS ASSETS LIABILITIES OTHER (YES/NO) A - Real Property YES 1 $ 220.000.00 B - Personal Property YES 3 $ C - Property Claimed YES 1 as Exempt D - Creditors Holding YES 1 Secured Claims E - Creditors Holding Unsecured YES 3 0.00 Priority Claims (Total of Claims on Schedule E) F - Creditors Holding Unsecured YES 6 135.300.00 Nonpriority Claims G - Executory Contracts and YES 1 Unexpired Leases H - Codebtors YES 1 I- Current Income of Individual Debtor(s) YES 2 J - Current Expenditures of YES 2 9.015.00 Individual Debtor(s) TOTAL 21 $ 245,010.00 $ 658,100.00 Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 27 of 100 Case 11-31916 Filed 05/12/11 Doc 1 Official Form 6 - Statistical Summary (12/07) UNITED STATES BANKRUPTCY COURT- EASTERN DISTRICT OF CALIFORNIA Debtor(s): Elsiddig Abdelrahim Elhindi Robin Michelle Jones Case No.: (If known) Chapter: 7 STATISTICAL SUMMARY OF CERTAIN LIABILITIES AND RELATED DATA (28 U.S.C. § 159) If you are an individual debtor whose debts are primarily consumer debts, as defined in§ 101 (8) of the Bankruptcy Code (11 U.S.C. § 101 (8)), filing a case under chapter 7, 11 or 13, you must report all information requested below. D Check this box if you are an individual debtor whose debts are NOT primarily consumer debts. You are not required to report any information here. This information is for statistical purposes only under 28 U.S.C. § 159. Summarize the following types of liabilities, as reported in the Schedules, and total them. Type of Liability Domestic Support Obligations (from Schedule E) Taxes and Certain Other Debts Owed to Governmental Units (from Schedule E) Claims for Death or Personal Injury While Debtor Was Intoxicated (from Schedule E) (whether disputed or undisputed) Student Loan Obligations (from Schedule F) Domestic Support, Separation Agreement, and Divorce Decree Obligations Not Reported on Schedule E. Obligations to Pension or Profit-Sharing, and Other Similar Obligations (from Schedule F) TOTAL State the following: Average Income (from Schedule I, Line 16) Average Expenses (from Schedule J, Line 18) Current Monthly Income (from Form 22A Line 12; OR, Form 228 Line 11; OR, Form 22C Line 20 ) State the following: 1. Total from Schedule D, "UNSECURED PORTION, IF ANY" column 2. Total from Schedule E, "AMOUNT ENTITLED TO PRIORITY" column. 3. Total from Schedule E, "AMOUNT NOT ENTITLED TO PRIORITY, IF ANY" column 4. Total from Schedule F 5. Total of non-priority unsecured debt (sum of 1, 3, and 4) Amount $ $ $ $ $ $ $ 0.00 $ 5,010.00 $ 9,015.00 $ 6,800.00 $135,300.00 $175,600.00 Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 28 of 100 Case 11-31916 Filed 05/12/11 Doc 1 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA In re Elsiddig Abdelrahim Elhindi Robin Michelle Jones Debtors. Case No. Chapter 7 STATEMENT OF MONTHLY GROSS INCOME The undersigned certifies the following is the debtor's monthly income . Income: Debtor Joint Debtor Six months ago $4,000.00 $2,800.00 Five months ago $4,000.00 $2,800.00 Four months ago $4,000.00 $2,800.00 Three months ago $4,000.00 $2,800.00 Two months ago $4,000.00 $2,800.00 Last month $4,000.00 $28,000.00 Income from other sources $0.00 $0.00 Total gross income for six $ 24,000.00 $ 42,000.00 months preceding filing Average Monthly Gross $ 4,000.00 $ 7,000.00 Income Average Monthly Net Income $ 2,909.00 $ 2,101.00 Attached are all payment advices received by the undersigned debtor prior to the petition date, we declare under penalty of perjury that we have read the foregoing statement and that it is true and correct to the best of our knowledge, information, and belief. Dated: May 10, 2011 Isl Elsiddig Abdelrahim Elhindi Elsiddig Abdelrahim Elhindi Debtor Isl Robin Michelle Jones Robin Michelle Jones Joint Debtor Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 29 of 100 Case 11-31916 Filed 05/12/11 Doc 1 Official Form 7 (4/07) UNITED STATES BANKRUPTCY COURT - EASTERN DISTRICT OF CALIFORNIA Debtor(s): Elsiddig Abdelrahim Elhindi Robin Michelle Jones I Case No.: (If known) STATEMENT OF FINANCIAL AFFAIRS 1. Income from employment or operation of business None State the gross amount of income the debtor has received from employment, trade, or profession, or from operation of the D debtor's business, including part-time activities either as an employee or in independent trade or business, from the beginning of this calendar year to the date this case was commenced. State also the gross amounts received during the two years immediately preceding this calendar year. (A debtor that maintains, or has maintained, financial records on the basis of a fiscal rather than a calendar year may report fiscal year income. Identify the beginning and ending dates of the debtor's fiscal year.) If a joint petition is filed, state income for each spouse separately. (Married debtors filing under chapter 12 or chapter 13 must state income of both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) AMOUNT 42,000.00 54,000.00 48,000.00 33,600.00 SOURCE KAISER STATE OF CALIFORNIA STATE OF CALIFORNIA KAISER FISCAL YEAR PERIOD 2009 2009 2010 2010 2. Income other than from employment or operation of business None State the amount of income received by the debtor other than from employment, trade, profession, operation of the debtor's 0 business during the two years immediately preceding the commencement of this case. Give particulars. If a joint petition is filed, state income for each spouse separately. (Married debtors filing under chapter 12 or chapter 13 must state income for each spouse whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) None 0 AMOUNT SOURCE FISCAL YEAR PERIOD 3. Payments to creditors Complete a. orb., as appropriate, and c. a. Individual or joint debtor(s) with primarily consumer debts: List all payments on loans, installment purchases of goods or services, and other debts to any creditor made within 90 days immediately preceding the commencement of this case unless the aggregate value of all property that constitutes or is affected by such transfer is less than $600. Indicate with an asterisk (*) any payments that were made to a creditor on account of a domestic support obligation or as part of an alternative repayment schedule under a plan by an approved nonprofit budgeting and credit counseling agency. (Married debtors filing under chapter 12 or chapter 13 must include payments by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF CREDITOR DATES OF PAYMENTS AMOUNT PAID AMOUNT STILL OWING Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 30 of 100 Case 11-31916 Filed 05/12/11 Doc 1 None None 0 b. Debtor whose debts are not primarily consumer debts: List each payment or other transfer to any creditor made within 90 days immediately preceding the commencement of the case unless the aggregate value of all property that constitutes or is affected by such transfer is less than $5,475. If the debtor is an individual, indicate with an asterisk (*) any payments that were made to a creditor on account of a domestic support obligation or as part of an alternative repayment schedule under a plan by an approved nonprofit budgeting and credit counseling agency. (Married debtors filing under chapter 12 or chapter 13 must include payments and other transfers by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF CREDITOR DATES OF PAYMENTS/ TRANSFERS AMOUNT PAID OR VALUE OF TRANSFERS AMOUNT STILL OWING c. All debtors: List all payments made within one year immediately preceding the commencement of this case to or for the benefit of creditors who are or were insiders. (Married debtors filing under chapter 12 or chapter 13 must include payments by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF CREDITOR DATE OF AMOUNT AMOUNT AND RELATIONSHIP TO DEBTOR PAYMENT PAID STILL OWING 4. Suits and administrative proceedings, executions, garnishments and attachments None a. List all suits and administrative proceedings to which the debtor is or was a party within one year immediately preceding the 0 filing of this bankruptcy case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is None 0 not filed.) CAPTION OF SUIT AND CASE NUMBER NATURE OF PROCEEDING COURT OR AGENCY AND LOCATION STATUS OR DISPOSITION b. Describe all property that has been attached, garnished or seized under any legal or equitable process within one year immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning property of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF PERSON FOR WHOSE BENEFIT PROPERTY WAS SEIZED DATE OF SEIZURE 5. Repossessions, foreclosures and returns DESCRIPTION AND VALUE OF PROPERTY None List all property that has been repossessed by a creditor, sold at a foreclosure sale, transferred through a deed in lieu of liZI foreclosure or returned to the seller, within one year immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning property of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) DATE OF REPOSSESSION, DESCRIPTION NAME AND ADDRESS FORECLOSURE SALE, AND VALUE OF OF CREDITOR OR SELLER TRANSFER OR RETURN PROPERTY Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 31 of 100 Case 11-31916 Filed 05/12/11 Doc 1 6. Assignments and receiverships None a. Describe any assignment of property for the benefit of creditors made within 120 days immediately preceding the liZI commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include any assignment by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF ASSIGNEE DATE OF ASSIGNMENT TERMS OF ASSIGNMENT OR SETTLEMENT None b. List all property which has been in the hands of a custodian, receiver, or court-appointed official within one year 0 immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning property of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) None NAME AND ADDRESS OF CUSTODIAN 7. Gifts NAME AND ADDRESS OF COURT CASE TITLE & NUMBER DATE OF ORDER DESCRIPTION AND VALUE OF PROPERTY List all gifts or charitable contributions made within one year immediately preceding the commencement of this case except ordinary and usual gifts to family members aggregating less than $200 in value per individual family member and charitable contributions aggregating less than $100 per recipient. (Married debtors filing under chapter 12 or chapter 13 must include gifts or contributions by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF PERSON OR ORGANIZATION 8. Losses RELATIONSHIP TO DEBTOR, IFANY DATE OF GIFT DESCRIPTION AND VALUE OF GIFT None List all losses from fire, theft, other casualty or gambling within one year immediately preceding the commencement G2I of this case or since the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include losses by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) None D DESCRIPTION AND VALUE OF PROPERTY DESCRIPTION OF CIRCUMSTANCES AND, IF LOSS WAS COVERED IN WHOLE OR IN PART BY INSURANCE, GIVE PARTICULARS DATE OF LOSS 9. Payments related to debt counseling or bankruptcy List all payments made or property transferred by or on behalf of the debtor to any persons, including attorneys, for consultation concerning debt consolidation, relief under the bankruptcy law or preparation of a petition in bankruptcy within one year immediately preceding the commencement of this case. NAME AND ADDRESS OF PAYEE ADVANTAGE CREDIT COUNSELING SERVICE 2403 Sidney Street Pittsburgh, PA 15203 Law Office of Razi A. Shah P.O. BOX 347 Berkeley, CA 94701 DATE OF PAYMENT, NAME OF PAYOR IF OTHER THAN DEBTOR AMOUNT OF MONEY OR DESCRIPTION AND VALUE OF PROPERTY 100 1,700.00 Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 32 of 100 Case 11-31916 Filed 05/12/11 Doc 1 10. Other transfers None a. List all other property, other than property transferred in the ordinary course of the business or financial affairs of the 0 debtor, transferred either absolutely or as security within two years immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include transfers by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF TRANSFEREE, RELATIONSHIP TO DEBTOR DATE DESCRIBE PROPERTY TRANSFERRED AND VALUE RECEIVED None b. List all property transferred by the debtor within ten years immediately preceding the commencement of this case to a liZI self-settled trust or similar device of which the debtor is a beneficiary. NAME OF TRUST OR OTHER DEVICE 11. Closed financial accounts DATE(S) OF TRANSFER(S) AMOUNT OF MONEY OR DESCRIPTION AND VALUE OF PROPERTY OR DEBTOR' INTEREST IN PROPERTY None List all financial accounts and instruments held in the name of the debtor or for the benefit of the debtor which were closed, 0 sold, or otherwise transferred within one year immediately preceding the commencement of this case. Include checking, savings, or other financial accounts, certificates of deposit, or other instruments; shares and share accounts held in banks, credit unions, pension funds, cooperatives, associations, brokerage houses and other financial institutions. (Married debtors filing under chapter 12 or chapter 13 must include information concerning accounts or instruments held by or for either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF INSTITUTION 12. Safe deposit boxes TYPE OF ACCOUNT, LAST FOUR DIGITS OF ACCOUNT NUMBER, AND AMOUNT OF FINAL BALANCE AMOUNT AND DATE OF SALE OR CLOSING None List each safe deposit or other box or depository in which the debtor has or had securities, cash, or other valuables within lif' one year immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include boxes or depositories of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF BANK OR OTHER DEPOSITORY 13. Setoffs NAMES AND ADDRESSES OF THOSE WITH ACCESS TO BOX OR DEPOSITORY DESCRIPTION OF CONTENTS DATE OF TRANSFER OR SURRENDER, IFANY None List all setoffs made by any creditor, including a bank, against a debt or deposit of the debtor within 90 days preceding 0 the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF CREDITOR DATE OF SETO FF AMOUNT OF SETO FF Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 33 of 100 Case 11-31916 Filed 05/12/11 Doc 1 14. Property held for another person None List all property owned by another person that the debtor holds or controls. NAME AND ADDRESS OF OWNER 15. Prior address of debtor DESCRIPTION AND VALUE OF PROPERTY LOCATION OF PROPERTY None If debtor has moved within three years immediately preceding the commencement of this case, list all premises which the 0 debtor occupied during that period and vacated prior to the commencement of this case. If a joint petition is filed, report also any separate address of either spouse. ADDRESS NAME USED DATES OF OCCUPANCY 16. Spouses and Former Spouses None If the debtor resides or resided in a community property state, commonwealth, or territory (including Alaska, Arizona, liZI California, Idaho, Louisiana, Nevada, New Mexico, Puerto Rico, Texas, Washington, or Wisconsin) within eight years immediately preceding the commencement of the case, identify the name of the debtor's spouse and of any former spouse who resides or resided with the debtor in the community property state. None liZI NAME 17. Environmental Information. For the purpose of this question, the following definitions apply: "Environmental Law" means any federal, state or local statute or regulation regulating pollution, contamination, releases of hazardous or toxic substances, wastes or material into the air, land, soil, surface water, groundwater, or other medium, including, but not limited to, statutes or regulations regulating the cleanup of these substances, wastes, or material. "Site" means any location, facility, or property as defined under any Environmental Law, whether or not presently or formerly owned or operated by the debtor, including, but not limited to, disposal sites. "Hazardous Material" means anything defined as a hazardous waste, hazardous substance, toxic substance, hazardous material, pollutant, or contaminant or similar term under an Environmental Law. a. List the name and address of every site for which the debtor has received notice in writing by a governmental unit that it may be liable or potentially liable under or in violation of an Environmental Law. Indicate the governmental unit, the date of the notice, and, if known, the Environmental Law. SITE NAME AND ADDRESS NAME AND ADDRESS OF GOVERNMENTAL UNIT DATE OF NOTICE ENVIRONMENTAL LAW None b. List the name and address of every site for which the debtor provided notice to a governmental unit of a release of 0 Hazardous Material. Indicate the governmental unit to which the notice was sent and the date of the notice. SITE NAME AND ADDRESS NAME AND ADDRESS OF GOVERNMENTAL UNIT DATE OF NOTICE ENVIRONMENT AL LAW Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 34 of 100 Case 11-31916 Filed 05/12/11 Doc 1 None c. List all judicial or administrative proceedings, including settlements or orders, under any Environmental Law with 6'l respect to which the debtor is or was a party. Indicate the name and address of the governmental unit that is or was a party to the proceeding, and the docket number. None liZI NAME AND ADDRESS DOCKET NUMBER OF GOVERNMENTAL UNIT 18. Nature, location and name of business STATUS OR DISPOSITION a. If the debtor is an individual, list the names, addresses, taxpayer identification numbers, nature of the businesses, and beginning and ending dates of all businesses in which the debtor was an officer, director, partner, or managing executive of a corporation, partner in a partnership, sole proprietor, or was self-employed in a trade, profession, or other activity either full- or part-time within the six years immediately preceding the commencement of this case, or in which the debtor owned 5 percent or more of the voting or equity securities within the six years immediately preceding the commencement of this case. If the debtor is a partnership, list the names, addresses, taxpayer identification numbers, nature of the businesses, and beginning and ending dates of all businesses in which the debtor was a partner or owned 5 percent or more of the voting or equity securities, within the six years immediately preceding the commencement of this case. If the debtor is a corporation, list the names, addresses, taxpayer identification numbers, nature of the business, and beginning and ending dates of all businesses in which the debtor was a partner or owned 5 percent or more of the voting or equity securities within the six years immediately preceding the commencement of this case. LAST FOUR DIGITS NAME OF SOCIAL SECURITY OR OTHER INDIVIDUAL ADDRESS TAXPAYER-LO. NO. (ITIN)/ COMPLETE EIN NATURE OF BUSINESS BEGINNING AND ENDING DATES None b. Identify any business listed in response to subdivision a., above, that is "single asset real estate" as defined in 11 liZI U.S.C. § 101. NAME ADDRESS * * * * * * [if completed by an individual or individual and spouse] I declare under penalty of perjury that I have read the answers contained in the foregoing statement of financial affairs and any attachments thereto and that they are true and correct. Date May 10, 2011 Date May 10, 2011 Signature of Debtor Isl Elsiddig Abdelrahim Elhindi Elsiddig Abdelrahim Elhindi Signature Isl Robin Michelle Jones of Joint Debtor Robin Michelle Jones (if any) Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 35 of 100 Case 11-31916 Filed 05/12/11 Doc 1 Official Form 8 (10/05) UNITED STATES BANKRUPTCY COURT- EASTERN DISTRICT OF CALIFORNIA Debtor(s): Elsiddig Abdelrahim Elhindi Robin Michelle Jones Case No. Chapter 7 CHAPTER 7 INDIVIDUAL DEBTOR'S STATEMENT OF INTENTION ~ I have filed a schedule of assets and liabilities which includes debts secured by property of the estate. liZI I have filed a schedule of executory contracts and unexpired leases which includes personal property subject to an unexpired lease. ~ I intend to do the following with respect to the property of the estate which secures those debts or is subject to a lease: Property will Debt will be Description of Secured Creditor's Property will be Property be redeemed reaffirmed is claimed pursuant to pursuant to Property Name Surrendered as exempt 11 U.S.C. § 722 11 U.S.C. § 524(c) 1. STUDENT LOAN ACS/EASTWEST x BANK 2. CREDIT CARD AMERICAN EXPRESS x 3. CREDIT CARD AMERICAN EXPRESS x 4. CREDIT CARD BANK OF AMERICA x 5. CREDIT CARD BANK OF AMERICA x 6. CREDIT CARD BARCLA VS BANK x DELAWARE 7. COLLECTIONS CACH LLC x 8. COLLECTIONS CACH LLC x 9. CREDIT CARD CAPITAL ONE BANK x USA NA 10. 9124 Brevard Dr. CHASE BANK x Sacramento, CA 95829 11. 9124 Brevard Dr. CHASE HOME x Sacramento, CA 95829 FINANCE LLC 12. CREDIT CARD CHASE/BANK ONE x CARD SERV 13. CREDIT CARD CHASE/BANK ONE x CARD SERV 14. CREDIT CARD CHASE/BANK ONE x CARD SERV 15. CREDIT CARD CHASE/BANK ONE x CARD SERV 16. CREDIT CARD CHASE/BANK ONE x CARD SERV 17. CREDIT CARD CHEVRON x 18. CREDIT CARD DISCOVER FINANCIAL x SVC LLC 19. CHARGE ACCOUNT DSNB/BLOOMINGDAL x ES 20. CHARGE ACCOUNT DSNB/MACYS x 21. CREDIT CARD FIRST NATIONWIDE x BANK 22. CHARGE ACCOUNT GE MONEY x BANK/CHEVRON Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 36 of 100 Case 11-31916 Filed 05/12/11 Doc 1 Official Form 8 Cont'd (10/05) UNITED STATES BANKRUPTCY COURT- EASTERN DISTRICT OF CALIFORNIA Debtor(s): Elsiddig Abdelrahim Elhindi Robin Michelle Jones 23. CHARGE ACCOUNT 24. CHARGE ACCOUNT 25. CHARGE ACCOUNT 26. CHARGE ACCOUNT 27. CREDIT CARD 28. CREDIT CARD 29. 2000 LEXUS LS 400 30. CHARGE ACCOUNT 31. 9124 Brevard Dr. Sacramento, CA 95829 Description of Leased Property None GE MONEY BANK/CHEVRON GEMB/MERVYNS GEMB/SAM'S CLUB GEMB/WALMART HSBC BANK HSBC BANK SANTANDER CONSUMER USA THE HOME DEPOT/CBSD WELLS FARGO HOME MORTGAGE Lessor's Name Isl Elsiddig Abdelrahim Elhindi May 10, 2011 Elsiddig Abdelrahim Elhindi Signature of Debtor Date x x x x x x x x Lease will be assumed pursuant to 11 U.S.C. § 362(h)(1 )(A) x Case No. Chapter 7 x Isl Robin Michelle Jones May 10, 2011 Robin Michelle Jones Signature of Joint Debtor (if any) Date Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 37 of 100 Case 11-31916 Filed 05/12/11 Doc 1 FormB203 2005 USBC, Eastern District of California UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA In re Case No.: Elsiddig Abdelrahim Elhindi DISCLOSURE OF COMPENSATION OF ATTORNEY FOR DEBTOR Robin Michelle Jones Debtors. 1. Pursuant to 11 U.S.C. § 329(a) and Bankruptcy Rule 2016(b), I certify that I am the attorney for the above-named debtor(s) and that compensation paid to me within one year before the filing of the petition in bankruptcy, or agreed to be paid to me, for services rendered or to be rendered on behalf of the debtor(s) in contemplation of or in connection with the bankruptcy case is as follows: For legal services, I have agreed to accept Prior to the filing of this statement I have received Balance Due 2. The source of compensation paid to me was: 0 Debtor D Other (specify) 3. The source of compensation to be paid to me is: D Debtor D Other (specify) $ $ $ 4. 0 I have not agreed to share the above-disclosed compensation with any other person unless they are members and associates of my law firm. D I have agreed to share the above-disclosed compensation with a person or persons who are not members or associates of my law firm. A copy of the agreement, together with a list of the names of the people sharing in the compensation, is attached. 5. In return for the above-disclosed fee, I have agreed to render legal service for all aspects of the bankruptcy case, including: a) Analysis of the debtor's financial situation, and rendering advice to the debtor in determining whether to file a petition in bankruptcy; b) Preparation and filing of any petition, schedules, statement of affairs, and plan which may be required; c) Representation of the debtor at the meeting of creditors and confirmation hearing, and any adjourned hearings thereof; d) Representation of the debtor in adversary proceedings and other contested bankruptcy matters; e) [Other provisions as needed] None 6. By agreement with the debtor(s) the above disclosed fee does not include the following services: None CERTIFICATION I certify that the foregoing is a complete statement of any agreement or arrangement for payment to me for representation of the debtor(s) in this bankruptcy proceeding. May 10, 2011 Isl Razi A. Shah Date Signature of Attorney Law Office of Razi A. Shah Name of Law Firm 1,700.00 1,700.00 0.00 Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 38 of 100 Case 11-31916 Filed 05/12/11 Doc 1 B22A (Official Form 22A) (Chapter 7) (01/08) UNITED STATES BANKRUPTCY COURT - EASTERN DISTRICT OF CALIFORNIA Page 1 Debtors: Elsiddig Abdelrahim Elhindi, Robin Michelle Jones According to the calculations required by this statement: Case No. (if known): D The presumption arises liZI The presumption does not arise (Check the box as airected in Parts I, Ill, and VI of this statement CHAPTER 7 STATEMENT OF CURRENT MONTHLY INCOME AND MEANS-TEST CALCULATION In addition to Schedules I and J, this statement must be completed by every individual chapter 7 debtor, whether or not filing jointly. Joint debtors may complete one statement only. Part I. EXCLUSION FOR DISABLED VETERANS AND NON-CONSUMER DEBTORS If you are a disabled veteran described in the Veteran's Declaration in this Part I, (1) check the box at the beginning of the Veteran's Declaration, (2) check the box for 'The presumption does not arise" at the top of this statement, and (3) complete the verification in Part VIII. Do not complete any of the remaining parts of this statement. 1A D Veteran's Declaration. By checking this box, I declare under penalty of perjury that I am a disabled veteran (as defined in 38 U.S.C. § 3741 (1 )) whose indebtedness occurred primarily during a period in which I was on active duty (as defined in 10 U.S.C. § 101 (d)(1 )) or while I was performing a homeland defense activity (as defined in 32 U.S.C. §901 (1 )). If your debts are not primarily consumer debts, check the box below and complete the verification in Part VIII. Do not 1B complete any of the remaining parts of this statement. D Declaration of non-consumer debts. By checking this box, I declare that my debts are not primarily consumer debts. Part II. CALCULATION OF MONTHLY INCOME FOR § 707(b)(7} EXCLUSION Marital/filing status. Check the box that applies and complete the balance of this part of this statement as directed. a. D Unmarried. Complete only Column A ("Debtor's Income") for Lines 3-11. b. D Married, not filing jointly, with declaration of separate households. By checking this box, debtor declares under penalty of perjury: "My spouse and I are legally separated under applicable non-bankruptcy law or my spouse 2 and I are living apart other than for the purpose of evading the requirements of§ 707(b)(2)(A) of the Bankruptcy Code." Complete only Column A ("Debtor's Income") for Lines 3-11. c. D Married, not filing jointly, without the declaration of separate households set out in line 2.b above. Complete both Column A ("Debtor's Income") and Column B (Spouse's Income) for Lines 3-11. d. 0 Married, filing jointly. Complete both Column A ("Debtor's Income") and Column B (Spouse's Income) for Lines3-11. All figures must reflect average monthly income received from all sources, derived during the Column A Column B six calendar months prior to filing the bankruptcy case, ending on the last day of the month Debtor's Spouse's before the filing. If the amount of monthly income varied during the six months, you must Income Income divide the six-month total by six, and enter the result on the appropriate line. 3 Gross wages, salary, tips, bonuses, overtime, commissions. $4,000.00 $2,800.00 Income from the operation of a business, profession or farm. Subtract Line b from 4 Line a and enter the difference in the appropriate column(s) of Line 4. If you operate more than one business, profession or farm, enter aggregate numbers and provide details on an attachment. Do not enter a number less than zero. Do not include any part of the business expenses entered on Line bas a deduction in Part V. a. Gross Receipts $ 0.00 b. Ordinary and necessary business expenses $ 0.00 c. Business income Subtract Line b from Line a $0.00 $0.00 Rent and other real property income. Subtract Line b from Line a and enter the difference in the appropriate column(s) of Line 5. Do not enter a number less than zero. Do not include any part of the operating expenses entered on Line bas a deduction in Part V. Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 39 of 100 Case 11-31916 Filed 05/12/11 Doc 1 B22A (Official Form 22A) (Chapter 7) (01/08) 2 5 a. Gross Receipts $ 0.00 b. Ordinary and necessary operating expenses $ 420.00 $0.00 $0.00 c. Rent and other real property income Subtract Line b from Line a 6 Interest, dividends, and royalties. $0.00 $0.00 7 Pension and retirement income. $0.00 $0.00 8 Any amounts paid by another person or entity, on a regular basis, for the household expenses of the debtor or the debtor's dependents, including child support paid for $0.00 $0.00 that purpose. Do not include alimony or separate maintenance payments or amounts paid by your spouse if Column B is completed. Unemployment compensation. Enter the amount in the appropriate column(s) of Line 9. However, if you contend that unemployment compensation received by you or your spouse was a benefit under the Social Security Act, do not list the amount of such compensation in 9 Column A or B, but instead state the amount in the space below: Unemployment compensation claimed to Debtor $ Spouse$ be a benefit under the Social Security Act $ $ Income from all other sources. Specify source and amount. If necessary, list additional sources on a separate page. Do not include alimony or separate maintenance payments paid by your spouse if Column B is completed, but include all other payments of 10 alimony or separate maintenance. Do not include any benefits received under the Social Security Act or payments received as a victim of a war crime, crime against humanity, or as a victim of international or domestic terrorism. I a.I 1$ I Total and enter on Line 10. $0.00 $0.00 11 Subtotal of Current Monthly Income for§ 707(b)(7). Add Lines 3 thru 1 O in Column A, and, $4,000.00 $2,800.00 if Column B is completed, add Lines 3 thru 10 in Column B. Enter the total(s). Total Current Monthly Income for§ 707(b)(7). If Column B has been completed, add Line $ 6,800.00 12 11, Column A to Line 11, Column B, and enter the total. If Column B has not been completed, enter the amount from Line 11, Column A. Part Ill. APPLICATION OF§ 707(b)(7) EXCLUSION 13 Annualized Current Monthly Income for§ 707(b)(7). Multiply the amount from Line 12 by the number 12 and enter the result. $81,600.00 Applicable median family income. Enter the median family income for the applicable state and household size. (This 14 information is available by family size at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court.) a. Enter debtor's state of residence: CA b. Enter debtor's household size: 4 $77,014.00 Application of Section 707(b)(7). Check the applicable box and proceed as directed. 15 D The amount on Line 13 is less than or equal to the amount on Line 14. Check the box for "The presumption does not arise" at the top of page 1 of this statement, and complete Part VIII; do not complete Parts IV, V, VI or VII. liZI The amount on Line 13 is more than the amount on Line 14. Complete the remaining parts of this statement. Complete Parts IV, V, VI, and VII of this statement only if required. (See Line 15). Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 40 of 100 Case 11-31916 Filed 05/12/11 Doc 1 B22A (Official Form 22A) (Chapter 7) (01/08) 3 Part IV. CALCULATION OF CURRENT MONTHLY INCOME FOR§ 707lb)C2} 16 Enter the amount from Line 12. $6,800.00 17 Marital adjustment. If you checked the box at Line 2.c, enter on Line 17 the total of any income listed in Line 11, Column 8 that was NOT paid on a regular basis for the household expenses of the debtor or the debtor's dependents. Specify in the lines below the basis for excluding the Column 8 income (such as payment of the spouse's tax liability or the spouse's support of persons other than the debtor or the debtor's dependents) and the amount of income devoted to each purpose. If necessary, list additional adjustments on a separate page. If you did not check box at Line 2.c, enter zero. I a. I 1$ I Total and enter on Line 17 . $ 0.00 18 Current monthly income for§ 707(b)(2). Subtract Line 17 from Line 16 and enter the result. $6,800.00 Part V. CALCULATION OF DEDUCTIONS FROM INCOME Subpart A: Deductions under Standards of the Internal Revenue Service (IRS) National Standards: food, clothing and other items. Enter in Line 19A the "Total" amount from IRS 19A National Standards for Food, Clothing and Other Items for the applicable household size. (This information is available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court.) $ 1,370.00 "198 National Standards: health care. Enter in Line a1 below the amount from IRS National Standards for Out-of-Pocket Health Care for persons under 65 years of age, and in Line a2 the IRS National Standards for Out-of-Pocket Health Care for persons 65 years of age or older. (This information is available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court.) Enter in Line b1 the number of members of your household who are under 65 years of age, and enter in Line b2 the number of members of your household who are 65 years of age or older. (The total number of household members must be the same as the number stated in Line 14b.) Multiply Line a1 by Line b1 to obtain a total amount for household members under 65, and enter the result in Line c1. Multiply Line a2 by Line b2 to obtain a total amount for household members 65 and older, and enter the result in Line c2. Add Lines c1 and c2 to obtain a total health care amount, and enter the result in Line 198. Household members under 65 years of age Household members 65 years of age or older a1. Allowance per member 57.00 a2. Allowance per member 144.00 b1. Number of members 3.00 b2. Number of members 1.00 c1. Subtotal 171.00 c2. Subtotal 144.00 $ 315.00 Local Standards: housing and utilities; non-mortgage expenses. Enter the amount of the IRS Housing 20A and Utilities Standards; non-mortgage expenses for the applicable county and household size. (This information is available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court). $ 504.00 Local Standards: housing and utilities; mortgage/rent expense. Enter, in Line a below, the amount of the IRS Housing and Utilities Standards; mortgage/rent expense for your county and household size (this 208 information is available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court); enter on Line b the total of the Average Monthly Payments for any debts secured by your home, as stated in Line 42; subtract Line b from Line a and enter the result in Line 20B. Do not enter an amount less than zero. a. IRS Housing and Utilities Standards; mortgage/rental $ 1,392.00 exnense b. Average Monthly Payment for any debts secured by home, if $ 1,300.00 anv, as stated in Line 42. c. Net mortgage/rental expense Subtract Line b from Line a $ 92.00 Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 41 of 100 Case 11-31916 Filed 05/12/11 Doc 1 B22A (Official Form 22A) (Chapter 7) (01/08) 4 Local Standards: housing and utilities; adjustment. If you contend that the process set out in Lines 20A and 208 does not accurately compute the allowance to which you are entitled under the IRS Housing and 21 Utilities Standards, enter any additional amount to which you contend you are entitled, and state the basis for vour contention in the soace below: $ Local Standards: transportation; vehicle operation/public transportation expense. You are entitled to an expense allowance in this category regardless of whether you pay the expenses of operating a vehicle and regardless of whether you use public transportation. Check the number of vehicles for which you pay the operating expenses or for which the operating expenses 22A are included as a contribution to your household expenses in Line 8. D o D 1 li2I 2 or more. If you checked 0, enter on Line 22A the "Public Transportation" amount from IRS Local Standards: Transportation. If you checked 1 or 2 or more, enter on Line 22A the "Operating Costs" amount from IRS $ 422.00 Local Standards: Transportation for the applicable number of vehicles in the applicable Metropolitan Statistical Area or Census Region. (These amounts are available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court.) Local Standards: transportation; additional public transportation expense. If you pay the operating 228 expenses for a vehicle and also use public transportation, and you contend that you are entitled to an additional deduction for your public transportation expenses, enter on Line 228 the "Public Transportation" amount from IRS Local Standards: Transportation. (This amount is available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court.) $ 163.00 Local Standards: transportation ownership/lease expense; Vehicle 1. Check the number of vehicles for which you claim an ownership/lease expense. (You may not claim an ownership/lease expense for more than two vehicles.) D 1 li2I 2 or more. Enter, in Line a below, the "Ownership Costs" for "One Car" from the IRS Local Standards: Transportation 23 (available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court); enter in Line b the total of the Average Monthly Payments for any debts secured by Vehicle 1, as stated in Line 42; subtract Line b from Line a and enter the result in Line 23. Do not enter an amount less than zero. a. IRS Transportation Standards, Ownership Costs $489.00 b. Average Monthly Payment for any debts secured by Vehicle $268.00 1, as stated in Line 42. c. Net ownership/lease expense for Vehicle 1 Subtract Line b from Line a $ 221.00 Local Standards: transportation ownership/lease expense; Vehicle 2. Complete this Line only if you checked the "2 or more" Box in Line 23. Enter, in Line a below, the "Ownership Costs" for "One Car" from the IRS Local Standards: Transportation 24 (available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court); enter in Line b the total of the Average Monthly Payments for any debts secured by Vehicle 2, as stated in Line 42; subtract Line b from Line a and enter the result in Line 24. Do not enter an amount less than zero. a. IRS Transportation Standards, Ownership Costs $489.00 b. Average Monthly Payment for any debts secured by Vehicle $ 2, as stated in Line 42 c. Net ownership/lease expense for Vehicle 2 Subtract Line b from Line a $ 489.00 Other Necessary Expenses: taxes. Enter the total average monthly expense that you actually incur for all 25 federal, state and local taxes, other than real estate and sales taxes, such as income taxes, self employment $ 829.00 taxes. social securitv taxes. and Medicare taxes. Do not include real estate or sales taxes. Other Necessary Expenses: involuntary deductions for employment. Enter the total average monthly payroll deductions that are required for your employment, such as retirement contributions, union dues, and 26 uniform costs. Do not include discretionary amounts, such as voluntary 401 (k) contributions. $ 159.00 Other Necessary Expenses: life insurance. Enter total average monthly premiums that you actually 27 pay for term life insurance for yourself. Do not include premiums for insurance on your dependents, for whole life or for any other form of insurance. $ 160.00 Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 42 of 100 Case 11-31916 Filed 05/12/11 Doc 1 B22A (Official Form 22A) (Chapter 7) (01/08) 5 Other Necessary Expenses: court-ordered payments. Enter the total monthly amount that you are 28 required to pay pursuant to the order of a court or administrative agency, such as spousal or child support payments. Do not include payments on past due obligations included in Line 44. $ 0.00 Other Necessary Expenses: education for employment or for a physically or mentally challenged 29 child. Enter the total average monthly amount that you actually expend for education that is a condition of employment and for education that is required for a physically or mentally challenged dependent child for $ 75.00 whom no oublic education orovidina similar services is available. Other Necessary Expenses: childcare. Enter the total average monthly amount that you actually expend on 30 childcare-such as baby-sitting, day care, nursery and preschool. Do not include other educational $ 0.00 payments. Other Necessary Expenses: health care. Enter the total average monthly amount that you actually expend 31 on health care that is required for the health and welfare of yourself or your dependents, that is not reimbursed by insurance or paid by a health savings account, and that is in excess of the amount entered in $ 340.00 Line 198. Do not include payments for health insurance or health savings accounts listed in Line 34. Other Necessary Expenses: telecommunication services. Enter the total average monthly amount that 32 you actually pay for telecommunication services other than your basic home telephone and cell phone service- such as pagers, call waiting, caller id, special long distance, or internet service-to the extent necessary for your health and welfare or that of your dependents. Do not include any amount previously $ 210.00 deducted. 33 Total Expenses Allowed under IRS Standards. Enter the total of Lines 19 through 32. $ 5,349.00 Subpart B: Additional Living Expense Deductions Note: Do not include any expenses that you have listed in Lines 19-32 Health Insurance, Disability Insurance, and Health Savings Account Expenses. List the monthly expenses in the categories set out in lines a-c below that are reasonably necessary for yourself, your spouse, or your dependents. 34 a. Health Insurance $185.00 b. Disability Insurance $100.00 c. Health Savings Account $95.00 $380.00 Total and enter on Line 34 If you do not actually expend this total amount, state your actual total average monthly expenditures in the space below: $ Continued contributions to the care of household or family members. Enter the total average actual 35 monthly expenses that you will continue to pay for the reasonable and necessary care and support of an $ 320.00 elderly, chronically ill, or disabled member of your household or member of your immediate family who is unable to pay for such expenses. Protection against family violence. Enter the total average reasonably necessary monthly expenses that 36 you actually incurred to maintain the safety of your family under the Family Violence Prevention and $ 355.00 Services Act or other applicable federal law. The nature of these expenses is required to be kept confidential by the court. Home energy costs. Enter the total average monthly amount, in excess of the allowance specified by IRS 37 Local Standards for Housing and Utilities, that you actually expend for home energy costs. You must $ provide your case trustee with documentation of your actual expenses, and you must demonstrate that the additional amount claimed is reasonable and necessary. Education expenses for dependent children less than 18. Enter the total average monthly expenses that you actually incur, not to exceed $137.50 per child, for attendance at a private or public elementary or 38 secondary school by your dependent children less than 18 years of age. You must provide your case trustee with documentation of your actual expenses, and you must explain why the amount claimed is $ 0.00 reasonable and necessarv and not alreadv accounted for in the IRS Standards. Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 43 of 100 Case 11-31916 Filed 05/12/11 Doc 1 B22A (Official Form 22A) (Chapter 7) (01/08) 6 Additional food and clothing expense. Enter the total average monthly amount by which your food and clothing expenses exceed the combined allowances for food and clothing (apparel and services) in the IRS 39 National Standards, not to exceed 5% of those combined allowances. (This information is available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court.) You must demonstrate that the additional amount claimed is reasonable and necessary. $ 210.00 40 Continued charitable contributions. Enter the amount that you will continue to contribute in the form of cash or financial instruments to a charitable organization as defined in 26 U.S.C. § 170(c)(1 )-(2). $ 85.00 41 Total Additional Expense Deductions under§ 707(b). Enter the total of Lines 34 through 40. $ 1,350.00 Subpart C: Deductions for Debt Payment Future payments on secured claims. For each of your debts that is secured by an interest in property that you own, list the name of the creditor, identify the property securing the debt, state the Average Monthly Payment, and check whether the payment includes taxes or insurance. The Average Monthly Payment is the total of all amounts scheduled as contractually due to each Secured Creditor in the 60 months following the filing of the bankruptcy case, divided by 60. If necessary, list additional entries on a separate page. Enter 42 the total of the Average Monthly Payments on Line 42. Name of Property Securing the Debt Average Does payment Creditor Monthly include taxes Payment or insurance? a. $ D yes D no Total: Add Lines a, band c $ 0.00 Other payments on secured claims. If any of debts listed in Line 42 are secured by your primary residence, a motor vehicle, or other property necessary for your support or the support of your dependents, you may include in your deduction 1 /60th of any amount (the "cure amount") that you must pay the creditor in addition to the payments listed in Line 42, in order to maintain possession of the property. The cure 43 amount would include any sums in default that must be paid in order to avoid repossession or foreclosure. List and total any such amounts in the following chart. If necessary, list additional entries on a separate page. I Name of Creditor I Property Securing the Debt 1 /60th of the Cure Amount a. I I $ Total: Add Lines a, band c $ 0.00 Payments on prepetition priority claims. Enter the total amount, divided by 60, of all priority claims, such 44 as priority tax, child support and alimony claims, for which you were liable at the time of your bankruptcy $ 0.00 filing. Do not include current obligations, such as those set out in Line 28. Chapter 13 administrative expenses. If you are eligible to file a case under Chapter 13, complete the following chart, multiply the amount in line a by the amount in line b, and enter the resulting administrative expense. a. Projected average monthly Chapter 13 plan payment. $ 45 b. Current multiplier for your district as determined under schedules issued by the Executive Office for United States Trustees. (This information is available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court.) x 8.50 c. Average monthly administrative expense of Chapter 13 case Total: Multiply Lines a and b $ 0.00 46 Total Deductions for Debt Payment. Enter the total of Lines 42 through 45. $ 0.00 Subpart D: Total Deductions from Income 47 Total of all deductions allowed under§ 707(b)(2). Enter the total of Lines 33, 41, and 46. 1$6,699.00 Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 44 of 100 Case 11-31916 Filed 05/12/11 Doc 1 B22A (Official Form 22A) (Chapter 7) (01/08) 7 Part VI. DETERMINATION OF§ 707(b)(2) PRESUMPTION 48 Enter the amount from Line 18 (Current monthly income for§ 707(b)(2)) $ 6,800.00 49 Enter the amount from Line 47 (Total of all deductions allowed under§ 707(b)(2)) $ 6,699.00 50 Monthly disposable income under§ 707(b)(2). Subtract Line 49 from Line 48 and enter the result $ 101.00 51 60-month disposable income under § 707(b)(2). Multiply the amount in Line 50 by the number 60 and enter the $ 6,060.00 result. Initial presumption determination. Check the applicable box and proceed as directed. liZI The amount on Line 51 is less than $6,575 Check the box for "The presumption does not arise" at the top of page 1 of this statement, and complete the verification in Part VIII. Do not complete the remainder of Part VI. 52 D The amount set forth on Line 51 is more than $10,950. Check the box for "The presumption arises" at the top of page 1 of this statement, and complete the verification in Part VIII. You may also complete Part VII. Do not complete the remainder of Part VI. D The amount on Line 51 is at least $6,575, but not more than $10,950. Complete the remainder of Part VI (Lines 53 through 55). 53 Enter the amount of your total non-priority unsecured debt $ 54 Threshold debt payment amount. Multiply the amount in Line 53 by the number 0.25 and enter the result. $ 0.00 Secondary presumption determination. Check the applicable box and proceed as directed. D The amount on Line 51 is less than the amount on Line 54. Check the box for "The presumption does not arise" at the top 55 of page 1 of this statement, and complete the verification in Part VIII. D The amount on Line 51 is equal to or greater than the amount on Line 54. Check the box for "The presumption arises" at the top of page 1 of this statement, and complete the verification in Part VIII. You may also complete Part VII. Part VII. ADDITIONAL EXPENSE CLAIMS Other Expenses. List and describe any monthly expenses, not otherwise stated in this form, that are required for the health and welfare of you and your family and that you contend should be an additional deduction from your current monthly income under§ 707(b)(2)(A)(ii)(I). If necessary, list additional sources on a separate page. All figures should reflect your average monthly expense for each item. Total the expenses. 56 Expense Description Monthly Amount a. $ Total: Add Lines a, b, and c $0.00 Part VIII: VERIFICATION I declare under penalty of perjury that the information provided in this statement is true and correct. (If this a joint case, both debtors must sign.) 57 Date: Ma~ 10, 2011 Signature: Isl Elsiddig Abdelrahim Elhindi Elsiddig Abdelrahim Elhindi, (Debtor) Date: Ma~ 10, 2011 Signature: Isl Robin Michelle Jones Robin Michelle Jones, (Joint Debtor, if any) Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 45 of 100 Exhibit 2 Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 46 of 100 Case 11-31916 Filed 08/29/11 Doc 22 FORM L55 Discharge of Debtor (v.1.0) 11-31916-D-7 UNITED STATES BANKRUPTCY COURT FILED if'<'.~»t·)>, {'~\ Eastern District of California Robert T Matsui United States Courthouse 8/29/11 f~kl 501 I Street, Suite 3-200 {~,,,/ Sacramento, CA 95814 CLERK, U.S. BANKRUPTCY COURT (916) 930-4400 EASTERN DISTRICT OF CALIFORNIA ..... www.caeb.uscourts.gov auto M-F 9:00 AM - 4:00 PM DISCHARGE OF DEBTOR Case Number: 11-31916-D-7 Debtor Name(s), Social Security Number(s), and Address(es): Elsiddi§ Elhindi Robin Jones xxx-xx-5 36 xxx-xx-6265 9124 Brevard Drive 9124 Brevard Drive Sacramento, CA 95829 Sacramento, CA 95829 It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The debtor is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code). Dated: 8/29/11 SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION. For the Court, Wayne Blackwelder , Clerk Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 47 of 100 Case 11-31916 Filed 08/29/11 Doc 22 FORM L55 (Continued) EXPLANATION OF BANKRUPTCY DISCHARGE IN A CHAPTER 7 CASE This court order grants a discharge to the person (or persons) named as the debtor (or debtors). It is not a dismissal of the case and it does not determine how much money, if any, the trustee will pay to creditors. Collection of Discharged Debts Prohibited The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, a creditor is not permitted to contact a discharged debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wages or other property, or to take any other action to collect a discharged debt from the debtor. In a case involving community property, there are also special rules that protect certain community property owned by the debtor's spouse, even if that spouse did not file a bankruptcy case. A creditor who violates this order can be required to pay damages and attorney's fees to the debtor. However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case. Also, a debtor may voluntarily pay any debt that has been discharged. Debts That are Discharged The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. If this case was begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debts owed when the bankruptcy case was converted. Debts that are Not Discharged Some of the common types of debts which are not discharged in a chapter 7 bankruptcy case are: a. Debts for most taxes; b. Debts incurred to pay nondischargeable taxes (in a case filed on or after October 17, 2005); c. Debts that are domestic support obligations; d. Debts for most student loans; e. Debts for most fines, penalties, forfeitures, or criminal restitution obligations; f. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or aircraft while intoxicated; g. Some debts which were not properly listed by the debtor; h. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged; i. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in compliance with the Bankruptcy Code requirements for reaffirmation of debts; and j. Debts owed to certain pension, profit sharing, stock bonus, other retirement plans, or to the Thrift Savings Plan for federal employees for certain types of loans from these plans (in a case filed on or after October 17, 2005). This information is only a general summary of the bankruptcy discharge. There are exceptions to these general rules. Because the law is complicated, you may want to consult an attorney to determine the exact effect of the discharge in this case. Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 48 of 100 Exhibit 3 Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 49 of 100 Case 11-31916 Filed 09/09/11 Doc 25 FORM L51 Final Decree (v7 06) 11-31916-D-7 UNITED STATES BANKRUPTCY COURT FILED l:;1:;\ Eastern District of California Robert T Matsui United States Courthouse 9/9/11 !JIM)!! 501 I Street, Suite 3-200 \::::!~,>' Sacramento, CA 95814 CLERK, U.S. BANKRUPTCY COURT (916) 930-4400 EASTERN DISTRICT OF CALIFORNIA ..... www.caeb.uscourts.gov auto M-F 9:00 AM - 4:00 PM FINAL DECREE Case Number: 11-31916-D-7 Debtor Name(s), Social Security Number(s), and Address(es): Elsiddi§ Elhindi Robin Jones xxx-xx-5 36 xxx-xx-6265 9124 Brevard Drive 9124 Brevard Drive Sacramento, CA 95829 Sacramento, CA 95829 Trustee: Geoffrey Richards PO Box 579 Orinda, CA 94563 Telephone Number: 916-288-8365 Office of the United States Trustee: For cases in the Sacramento Division and Modesto Division: 501 I Street, Room 7-500, Sacramento, CA 95814 For cases in the Fresno Division: 2500 Tulare Street, Suite 1401, Fresno, CA 93721 It appearing to the court that the Trustee in the above-entitled case has completed administration of this estate, IT IS ORDERED that the estate is hereby closed, that the trustee is hereby discharged, and that the trustee's bond is hereby released from further liability, except any liability which may have accrued during the time such bond was in effect for the estate of this case. Dated: 9/9/11 For the Court, Wayne Blackwelder , Clerk Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 50 of 100 Exhibit 4 Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 51 of 100 Siegel& Le Witter /939 Harnson Street 1 Jody I. Le Witter #124794 Daria Dimitroff#191588 2 SIEGEL & LEWITTER 1939 Harrison Street, Suite 307 3 Oakland, California 94612 (510) 452-5000 4 (510) 452-5004 (fax) jlewitter@sl-employrnentlaw.com 5 ddimitroff@sl-employmentlaw.com 6 Attorneys for Plaintiff 7 FILED Superior Court Of Callfomla, Sacramento Detmis Jones, Exec::utive Offit.:t:r OS/02/2UDR Case umber: l4-2U 8-UOU1U398-CU-OE-GDS 8 9 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SACRAMENTO Department Assignments Case Management 39 Law and Motion 54 Minors Compromise 31 JO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ELSIDDIG ELHINDI, Plaintiff, V. STATE OF CALIFORNIA; CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION; AND DOES I through xx, Defendants. ) CaseNo. ) ) COMPLAINT FOR DAMAGES ) AND INJUNCTIVE RELIEF ) ) (Violations of California Fair Employment and ) Housing Act, Cal. Govt. Code § 12900 et seq.: ) Discrimination Based on Religion and Failure to ) Accommodate Religion; Harassment Based on ) Religion, Race and National Origin; and ) Retaliation) ) ) ~~~~~~~~~~~~~) INTRODUCTION 1. Plaintiff Elsiddig Elhindi is pursuing this action against his employers defendants State of California and California Department of Corrections and Rehabilitation (where he is employed at California State Prison at Sacramento) for employment discrimination based on religion, failure to accommodate his religion, harassment based on religion, race and national origin, and retaliation. Plaintiffs claims arise pursuant to California's Fair Employment and Housing Act (Cal. Govt. Code § 12900, et seq.). SmtcJ07 26 0:1kl.1nd, CA 94612 JURISDICTION AND VENUE (510) 452-5000 (510) 452-5004 (fn.,) 27 2. This Court has jurisdiction over this action and defendants State of California and 28 California Department of Corrections and Rehabilitation pursuant to California Government l COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 52 of 100 1 Code§ 12965(b). 2 3. Venue is appropriate pursuant to California Government Code § 12965(b) in that 3 the unlawful practices complained of herein committed by defendants State of California and 4 California Department of Corrections and Rehabilitation were committed in Sacramento County, 5 and the records relevant to the allegations herein are maintained and administered by defendants 6 in Sacramento County. 7 4. PlaintiffElsiddig Elhindi is, and at all relevant times herein was, an employee of 8 defendants State of California and California Department of Corrections and Rehabilitation 9 working at the California State Prison at Sacramento. At all times relevant herein, plaintiff has 10 been a practicing Muslim. His race is black and his national origin is Sudanese. 11 5. Defendant State of California (referred to herein as "defendant," "defendant State" 12 and/or defendant State of California) ofis a state government. Defendant California Department 13 of Corrections and Rehabilitation (referred to herein as "defendant," "defendant CDC," and/or 14 "defendant California Department of Corrections and Rehabilitation") is a Department of 15 defendant State of California that, among other things, operates correctional facilities throughout 16 the State of California, including California State Prison at Sacramento where plaintiff is 17 employed. California State Prison at Sacramento is located in Sacramento County. At all times 18 relevant herein, defendant State of California and defendant California Department of 19 Corrections and Rehabilitation have been plaintiffs employer. Defendants State of California 20 and California Department of Corrections and Rehabilitation are referred to herein collectively as 21 "defendants." 22 6. Plaintiff is unaware of the true names and capacities of those individuals and/or 23 entities sued herein as Does I-XX, inclusive, and therefore sues these defendants by such Siegel & 24 fictitious names. Plaintiff will amend this Complaint to allege the true names and capacities of Le Witter 25 1939 Harnson StCr:. NotoAre• Code) Street Address City, State and ZIP Code DISCRIMINATION BASED ON (Check appropflate box(es).) DATE(S)DISCRIMINATION TOOK PLACE Earliest Latest [K] RACE D COLOR D SEX 0 RELIGION 0 NATIONAL ORIGIN 03-23-2006 02-14-2008 D RETALIATION DAGE D DISABILITY D OTHER (Specify below.) 0 CONTINUING ACTION THE PARTICULARS ARE (If additional paper is needed, attach extra sheet(s)): I was hired by the State of California in or about September 1987 and have worked for Respondent since about Febr~ary 2006 as a Correctional Officer at CSP-Sacramento in Represa. Since working for Respondent I have been subjected to unwelcome and often offensive comments about my race, religion, and national origin from both coworkers and supervisors. I have complained to management about this ccndu::t but it continues. Since on or about September 23, 2007, I have been restricted from working at armed posts because my religion requires me to pray twice during a typical eight hour shift. This restriction has resulted in Respondent assigning me much less overtime work that it did in the past. I requested an accommodation on or about September 23, 2007 and again on or about December 20, 2007, but none has been provided. I believe I have been discriminated against and harassed because of my race, Black; religion, Muslim; and national origin, Sudan, in violation of the statute. I want this charge filed with both the EEOC and the State or local Agency, If any. I ~en necessa,y for State and Local Agency Requ,rements ~ will advise the agencies if I change my address or phone number and I will cooperate fully with them in lhe processing of my charge in accordance with their procedures. I swear or affinn th ve read the above charge and 1t is true to I declare under penalty of perjury that the above is true and correct. the best of my knowledge, rmation and belief. SIGNATURE OF COMPLAINANT C:,;i 1~01 (> 'l -,{.. 4 i="~t~ ~TOBEFOREMETHIS ,:)( Exhibit 1 Date I Chargmg Party Signature Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 70 of 100 ST ATE OF CALIFORNIA- State ,nd CollS\lmrr ScMCes Agcnty AR.NOLD SCHWARZENEGGER., Governor DEPARTMENT OF FAIR EMPLOYMENT & HOUSING (SEE ADDRESS CHECKED BELOW) TTY # 18001 700-2320 D H D c D 1001 Tower Way, Suite 250 Bakersfield, CA 93309 1661) 395-2729 1320 E, Shaw Avenue, Surte 150 Fresno, CA 93710 15591 244-4760 R/S/T 611 West Sixth Street, Suite 1500 Los Angeles, CA 90017 1213) 439-6799 D M D D D A D G D K 1515 Ctav Street, Suite 701 Oakland, CA 94612 (5 10J 622-2941 2000 "OM Street, Surte 120 Sacramento, CA 95814 (916) 445-6523 1350 Front Street, Suite 3005 San Diego, CA 92101 (6191645-2681 San Francisco D1stnct Offrce 1515 Clay Street, SU1te 701 Oakland, CA 94612 15101 622-2973 2570 North First Street, Suite 480 Sen Jose, CA 95131 (4081 325-0344 2101 East Fourth Street, Suite 255-8 Santa Ana, CA 92705 (714) 658-4266 EEOC Number: Case Name: Date: 555-2008-001117 Mr. Elhindi Elsiddig v Corrections CSP _SAC November 20, 2007 Ca Dept of NOTICE TO COMPLAINANT AND RESPONDENT This is to advise you that the above-referenced complaint is being referred to the California Department of Fair Employment and Housing (DFEH) by the U.S. Equal Employment Opportunity Commission (EEOC). The complaint will be filed in accordance with California Government Code section 12960. This notice constitutes service pursuant to Government Code section 12962. No response to the DFEH is required by the respondent. The EEOC will be responsible for the processing of this complaint. DFEH will not be conducting an investigation into this matter. EEOC should be contacted directly for any discussion of the charge. DFEH is closing its case on the basis of "processing waived to another agency." NOTICE TO COMPLAINANT OF RIGHT-TO-SUE Since DFEH will not be issuing an accusation, this letter is also your right-to-sue notice. According to Government Code section 12965, subdivision (bl. you may bring a civil action under the provisions of the Fair Employment and Housing Act against the person, employer, labor organization or employment agency named in the above-referenced complaint. The lawsuit may be filed in a State of California Superior or Justice Court. Government Code section 12965, subdivision (b), provides that such a civil action must be brought within one year from the date of this notice. Pursuant to Government Code section 12965, subdivision (d)(1 ). this one-year period will be tolled during the pendency of the EEOC's investigation of your complaint. You should consult an attorney to determine with accuracy the date by which a civil action must be filed. This right to file a civil action may be waived in the event a settlement agreement is signed. Questions about the right to file under federal law should be referred to the EEOC. The DFEH does not retain case records beyond three years after a complaint is filed. Remember: This Right-To-Sue Notice allows you to file a private lawsuit in State court. Sincerely. ~~Q'-~i Chief Deputy Director Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 71 of 100 Exhibit 2 Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 72 of 100 EEOC Form 5 (5/01) CHARGE OF Dk,CRIMINATION Charge Pr~sented To: Agency(ies) Charge No(s): .-.,,-,,.-u .--... -:.:: 11_, \.;..ltll9'fc.fflh is affected by the Privacy Act of 1974 See enclosed Pnvacy Act 0 ..- Statement and other information before completing this form. I Ii\ II\ D FEPA 00 EEOC 555·2008-00295 , .. ; ... California Department Of Fair Employment & Housing and EEOC State or local Agency, 1! any r%~e (indicate Mr., Ms., Mrs.) Home Phone (Incl Area Code) Date of Birth Mr. Elsiddig A. Elhindi (916) 688-5906 09-17-1958 Street Address City, State and ZIP Code 9124 Brevard Drive, Sacramento, CA 95829 MAR 12 2008 Named Is the Employer, Labor Organization, Employment Agency, Apprenticeship Committee, or State or Local Govemmenl Agency That B Ii Oiscriminated Against Me or Others. (If more than two, list under PARTICULARS below.) Name No. Employees, Me CALIFORNIA STATE PRISON-Sacramento 500 or More (916) 985-8160 Slreet Address Coty, Slate and ZIP Code 100 Prison Road, Represa, CA 95671 Name No Employees, Member.i Phone No. (Include Area Code) Street Address Cily, State and ZIP Code DISCRIMINATION BASED ON (Check appropriate box(es)} DATE(S) DISCRIMINATION TOOK PLACE Earllesl Latest D RACE D COLOR D SEX [K) RELIGION D NATIONAL ORIGIN 12-14-2007 12-14-2007 CK] RETALIATION D AGE D DISABILITY D OTHER(Spec,fybetow.} D CONTINUINGACTION THE PARTICULARS ARE (If add1t1onal paper IS needed, attach extra sheet(s)): On or about September 23, 2007, Respondent restricted me from working at armed posts. On or about November 14, 2007 I filed a charge of employment discrimination (Charge Number 555-2008- 00117) against Respondent. On or about December 14, 2007, I was served with a letter dated that day, entitled "Memorandum of Expectation," signed by J. Walker, Warden, prohibiting me from engaging in prayer while on duty as a Correctional Officer. I believe I have been discriminated against in retaliation for engaging in protected activity, and because of my religion, Muslim, in violation of the statute. I want lh1s charge filed with both the EEOC and the State or local Agency, if any. I will advise the agencies if I change my address or phone number and I will cooperate fully wilh them In the processing or my charge in accordance with their procedures. I declare under penalty of perjury that the above is true and correct. x. 3/ 7 /;;_Doz ..,;;Cr:. NotoAre• Code) Street Address City, State and ZIP Code DISCRIMINATION BASED ON (Check appropflate box(es).) DATE(S)DISCRIMINATION TOOK PLACE Earliest Latest [K] RACE D COLOR D SEX 0 RELIGION 0 NATIONAL ORIGIN 03-23-2006 02-14-2008 D RETALIATION DAGE D DISABILITY D OTHER (Specify below.) 0 CONTINUING ACTION THE PARTICULARS ARE (If additional paper is needed, attach extra sheet(s)): I was hired by the State of California in or about September 1987 and have worked for Respondent since about Febr~ary 2006 as a Correctional Officer at CSP-Sacramento in Represa. Since working for Respondent I have been subjected to unwelcome and often offensive comments about my race, religion, and national origin from both coworkers and supervisors. I have complained to management about this ccndu::t but it continues. Since on or about September 23, 2007, I have been restricted from working at armed posts because my religion requires me to pray twice during a typical eight hour shift. This restriction has resulted in Respondent assigning me much less overtime work that it did in the past. I requested an accommodation on or about September 23, 2007 and again on or about December 20, 2007, but none has been provided. I believe I have been discriminated against and harassed because of my race, Black; religion, Muslim; and national origin, Sudan, in violation of the statute. I want this charge filed with both the EEOC and the State or local Agency, If any. I ~en necessa,y for State and Local Agency Requ,rements ~ will advise the agencies if I change my address or phone number and I will cooperate fully with them in lhe processing of my charge in accordance with their procedures. I swear or affinn th ve read the above charge and 1t is true to I declare under penalty of perjury that the above is true and correct. the best of my knowledge, rmation and belief. SIGNATURE OF COMPLAINANT C:,;i 1~01 (> 'l -,{.. 4 i="~t~ ~TOBEFOREMETHIS ,:)( Exhibit 1 Date I Chargmg Party Signature Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 93 of 100 ST ATE OF CALIFORNIA- State ,nd CollS\lmrr ScMCes Agcnty AR.NOLD SCHWARZENEGGER., Governor DEPARTMENT OF FAIR EMPLOYMENT & HOUSING (SEE ADDRESS CHECKED BELOW) TTY # 18001 700-2320 D H D c D 1001 Tower Way, Suite 250 Bakersfield, CA 93309 1661) 395-2729 1320 E, Shaw Avenue, Surte 150 Fresno, CA 93710 15591 244-4760 R/S/T 611 West Sixth Street, Suite 1500 Los Angeles, CA 90017 1213) 439-6799 D M D D D A D G D K 1515 Ctav Street, Suite 701 Oakland, CA 94612 (5 10J 622-2941 2000 "OM Street, Surte 120 Sacramento, CA 95814 (916) 445-6523 1350 Front Street, Suite 3005 San Diego, CA 92101 (6191645-2681 San Francisco D1stnct Offrce 1515 Clay Street, SU1te 701 Oakland, CA 94612 15101 622-2973 2570 North First Street, Suite 480 Sen Jose, CA 95131 (4081 325-0344 2101 East Fourth Street, Suite 255-8 Santa Ana, CA 92705 (714) 658-4266 EEOC Number: Case Name: Date: 555-2008-001117 Mr. Elhindi Elsiddig v Corrections CSP _SAC November 20, 2007 Ca Dept of NOTICE TO COMPLAINANT AND RESPONDENT This is to advise you that the above-referenced complaint is being referred to the California Department of Fair Employment and Housing (DFEH) by the U.S. Equal Employment Opportunity Commission (EEOC). The complaint will be filed in accordance with California Government Code section 12960. This notice constitutes service pursuant to Government Code section 12962. No response to the DFEH is required by the respondent. The EEOC will be responsible for the processing of this complaint. DFEH will not be conducting an investigation into this matter. EEOC should be contacted directly for any discussion of the charge. DFEH is closing its case on the basis of "processing waived to another agency." NOTICE TO COMPLAINANT OF RIGHT-TO-SUE Since DFEH will not be issuing an accusation, this letter is also your right-to-sue notice. According to Government Code section 12965, subdivision (bl. you may bring a civil action under the provisions of the Fair Employment and Housing Act against the person, employer, labor organization or employment agency named in the above-referenced complaint. The lawsuit may be filed in a State of California Superior or Justice Court. Government Code section 12965, subdivision (b), provides that such a civil action must be brought within one year from the date of this notice. Pursuant to Government Code section 12965, subdivision (d)(1 ). this one-year period will be tolled during the pendency of the EEOC's investigation of your complaint. You should consult an attorney to determine with accuracy the date by which a civil action must be filed. This right to file a civil action may be waived in the event a settlement agreement is signed. Questions about the right to file under federal law should be referred to the EEOC. The DFEH does not retain case records beyond three years after a complaint is filed. Remember: This Right-To-Sue Notice allows you to file a private lawsuit in State court. Sincerely. ~~Q'-~i Chief Deputy Director Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 94 of 100 Exhibit 2 Case 2:15-cv-00009-AC Document 37-4 Filed 04/28/17 Page 95 of 100 EEOC Form 5 (5/01) CHARGE OF Dk,CRIMINATION Charge Pr~sented To: Agency(ies) Charge No(s): .-.,,-,,.-u .--... -:.:: 11_, \.;..ltll9'fc.fflh is affected by the Privacy Act of 1974 See enclosed Pnvacy Act 0 ..- Statement and other information before completing this form. I Ii\ II\ D FEPA 00 EEOC 555·2008-00295 , .. ; ... California Department Of Fair Employment & Housing and EEOC State or local Agency, 1! any r%~e (indicate Mr., Ms., Mrs.) Home Phone (Incl Area Code) Date of Birth Mr. Elsiddig A. Elhindi (916) 688-5906 09-17-1958 Street Address City, State and ZIP Code 9124 Brevard Drive, Sacramento, CA 95829 MAR 12 2008 Named Is the Employer, Labor Organization, Employment Agency, Apprenticeship Committee, or State or Local Govemmenl Agency That B Ii Oiscriminated Against Me or Others. (If more than two, list under PARTICULARS below.) Name No. Employees, Me CALIFORNIA STATE PRISON-Sacramento 500 or More (916) 985-8160 Slreet Address Coty, Slate and ZIP Code 100 Prison Road, Represa, CA 95671 Name No Employees, Member.i Phone No. (Include Area Code) Street Address Cily, State and ZIP Code DISCRIMINATION BASED ON (Check appropriate box(es)} DATE(S) DISCRIMINATION TOOK PLACE Earllesl Latest D RACE D COLOR D SEX [K) RELIGION D NATIONAL ORIGIN 12-14-2007 12-14-2007 CK] RETALIATION D AGE D DISABILITY D OTHER(Spec,fybetow.} D CONTINUINGACTION THE PARTICULARS ARE (If add1t1onal paper IS needed, attach extra sheet(s)): On or about September 23, 2007, Respondent restricted me from working at armed posts. On or about November 14, 2007 I filed a charge of employment discrimination (Charge Number 555-2008- 00117) against Respondent. On or about December 14, 2007, I was served with a letter dated that day, entitled "Memorandum of Expectation," signed by J. Walker, Warden, prohibiting me from engaging in prayer while on duty as a Correctional Officer. I believe I have been discriminated against in retaliation for engaging in protected activity, and because of my religion, Muslim, in violation of the statute. I want lh1s charge filed with both the EEOC and the State or local Agency, if any. I will advise the agencies if I change my address or phone number and I will cooperate fully wilh them In the processing or my charge in accordance with their procedures. I declare under penalty of perjury that the above is true and correct. x. 3/ 7 /;;_Doz ..,;;