Freeman v. Hotel Equities Inc

MOTION for Summary Judgment

M.D. Ga.January 10, 2017

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION MARCUS W. FREEMAN, ) ) Plaintiff, ) ) v. ) Case No. 5:16-CV-00250-MTT ) HOTEL EQUITIES, INC., ) ) Defendant. ) DEFENDANT’S MOTION FOR SUMMARY JUDGMENT WITH INCORPORATED MEMORANDUM OF LAW Defendant Hotel Equities Group, LLC (“Defendant” or “Hotel Equities”),1 by and through its undersigned counsel, files this Motion for Summary Judgment pursuant to Fed. R. Civ. P. 56. I. INTRODUCTION Plaintiff is a former employee of Hotel Equities who alleges he was terminated in retaliation for complaints of age discrimination in violation of the Age Discrimination in Employment Act (“ADEA”). Doc. 1; Doc. 1-1. Plaintiff is judicially estopped from asserting his retaliation claim against Hotel Equities based on his failure to disclose that claim in his bankruptcy case.2 Plaintiff took inconsistent positions under oath when he failed to disclose his ADEA retaliation claim to the bankruptcy court. The record evidence shows Plaintiff both knew of the inconsistencies and had a motive to conceal his claim against Hotel Equities, such that the 1 Improperly identified in the case caption as “Hotel Equities, Inc.” 2 Plaintiff also asserted a hostile work environment claim under the ADEA in his Complaint, but that claim was dismissed without prejudice by this Court on August 23, 2016. See Doc. 7. Thus, Plaintiff’s only remaining claim is for retaliation under the ADEA. In any event, Plaintiff’s hostile work environment claim would likewise be barred by judicial estoppel because he did not disclose it in his bankruptcy case. Case 5:16-cv-00250-MTT Document 15 Filed 01/10/17 Page 1 of 6 2 Court can infer his inconsistent statements were intended to make a mockery of the judicial system. For these reasons, discussed fully below, this action should be dismissed with prejudice. II. STATEMENT OF FACTS Defendant incorporates herein the Statement of Undisputed Material Facts that is filed contemporaneously with this Motion. All evidence relied upon in this Motion is attached to the Statement of Undisputed Material Facts. III. MEMORANDUM OF LAW A. Summary Judgment Standard The moving party is entitled to summary judgment where “there is no genuine dispute as to any material fact.” Fed. R. Civ. P. 56(a). Conclusory allegations, or evidence that is “merely colorable” and not “sufficiently probative,” does not create a genuine dispute of fact. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50 (1986). B. Defendant Is Entitled to Summary Judgment On Plaintiff Retaliation Claim Based On Judicial Estoppel. The Court should dismiss Plaintiff’s claim against Hotel Equities under the doctrine of judicial estoppel, because he failed to disclose those claims in his bankruptcy case. “Judicial estoppel is an equitable doctrine that precludes a party from ‘asserting a claim in a legal proceeding that is inconsistent with a claim taken by that party in a previous proceeding.’” Barger v. City of Cartersville, Ga., 348 F.3d 1289, 1293 (11th Cir. 2003) (quoting Burnes v. Aeroplex, Inc., 291 F.3d 1282, 1284 (11th Cir. 2002)). The Eleventh Circuit has set forth two required elements for judicial estoppel to apply. First, the party’s inconsistent positions “must have been made under oath in a prior proceeding.” Barger, 348 F.3d at 1293 (internal quotation omitted). Second, “the inconsistencies must be shown to have been calculated to make a Case 5:16-cv-00250-MTT Document 15 Filed 01/10/17 Page 2 of 6 3 mockery of the judicial system.” Id. at 1293-94 (internal quotation omitted). Both elements for the application of judicial estoppel are present in this case. 1. Plaintiff Took Inconsistent Positions under Oath in a Prior Proceeding. Plaintiff took inconsistent positions under oath in a prior proceeding when he failed to update his bankruptcy petition to disclose his charge filed with the Equal Employment Opportunity Commission (“EEOC”). Eleventh Circuit law is clear that a debtor in both Chapter 13 and Chapter 7 bankruptcy has a duty to disclose all current and potential assets to the bankruptcy court.3 Robinson v. Tyson Foods, Inc., 595 F.3d 1269, 1274 (11th Cir. 2010) (citing 11 U.S.C. §§ 521(a)(1), 541(a)(7)). “The duty to disclose is a continuing one that does not end once the forms are submitted to the bankruptcy court; rather the debtor must amend [his] financial statements if circumstances change.” Id. (quoting Burnes, 291 F.3d at 1286). Plaintiff should have disclosed the ADEA retaliation claim asserted in his EEOC charge, which accrued and was filed while his bankruptcy case was pending. See Doc. 1-1; Exhibit 5, Order of Discharge. By failing to update his bankruptcy filings to disclose this claim, Plaintiff took inconsistent positions under oath. See Robinson, 595 F.3d at 1275 (holding that the plaintiff took inconsistent positions under oath where she failed to update her bankruptcy schedule to disclose a claim against her employer that arose after she filed for bankruptcy); Welker v. Orkin, LLC, 2014 U.S. Dist. LEXIS 53134, at *13 (M.D. Ga. April 17, 2014) (Treadwell, J.). 3 A cause of action becomes an asset belonging to the bankruptcy estate when the claim accrues. Counts v. Red Coats, Inc., 2010 U.S. Dist. LEXIS 66424, at *10 (N.D. Ga. May 28, 2010). For federal employment discrimination claims, the cause of action accrues at the time of the alleged discriminatory event. Id. Thus, Plaintiff’s claim accrued on or about June 25, 2015, the date his employment was terminated. See Doc. 1; Doc. 1-1; Exhibit 1, Stallworth Declaration ¶ 4. Case 5:16-cv-00250-MTT Document 15 Filed 01/10/17 Page 3 of 6 4 2. The Inconsistent Positions Were Calculated to Make a Mockery of the Judicial System. The evidence of record also establishes that Plaintiff’s inconsistent statements were calculated to make a mockery of the judicial system. Whether a prior inconsistency was calculated to make a mockery of the judicial system is a question of intent. Barger, 348 F.3d at 1294. In the context of a party’s failure to disclose claims in a bankruptcy proceeding, such a failure “is inadvertent only when, in general, the debtor either lacks knowledge of the undisclosed claims or has no motive for their concealment.” Robinson, 595 F.3d at 1275. Intent to manipulate the judicial system may be inferred from the record. Id. Here, Plaintiff clearly had knowledge of his claims against Hotel Equities as he personally signed and filed the EEOC charge, just two days before he converted his bankruptcy case to Chapter 7. See Doc. 1-1; Exhibit 3, Notice of Conversion to Chapter 7. Plaintiff also had a motive to conceal his claims against Hotel Equities from the bankruptcy court. Plaintiff’s bankruptcy trustee found that he had no assets available for distribution and $21,971.00 in creditor claims were discharged without payment. Exhibit 4, Bankruptcy Docket Sheet, p. 4-5; Exhibit 5, Order of Discharge. Had Plaintiff disclosed his claims against Hotel Equities, he may well not have obtained a “no asset” discharge. Thus, the record demonstrates that Plaintiff had a motive to conceal his undisclosed claims. See Barger, 348 F.3d at 1296 (finding evidence of a motive to conceal where “[o]mitting the discrimination claims from the schedule of assets appeared to benefit [the plaintiff] because, by omitting the claims, she could keep any proceeds for herself and not have them become part of the bankruptcy estate”); Welker, 2014 U.S. Dist. LEXIS 53134, at *14-15 (“the Plaintiff had a motive to conceal his age discrimination claim because if he prevailed on that claim or in this Case 5:16-cv-00250-MTT Document 15 Filed 01/10/17 Page 4 of 6 5 lawsuit, he could have kept any proceeds for himself without the bankruptcy court's knowledge”). In sum, Plaintiff took inconsistent positions under oath and the evidence establishes that those inconsistent statements were intended to make a mockery of the judicial system. Accordingly, this Court should judicially estop Plaintiff from pursuing his lawsuit against Hotel Equities in light of his failure to disclose his claim in the bankruptcy proceedings, grant summary judgment in favor of Hotel Equities, and dismiss this action in its entirety with prejudice. Respectfully submitted this 10th day of January, 2017. /s/ C. Todd Van Dyke C. Todd Van Dyke Georgia Bar No. 723420 vandyket@jacksonlewis.com Alison E. Loy Georgia Bar No. 544219 alison.loy@jacksonlewis.com JACKSON LEWIS P.C. 1155 Peachtree Street Suite 1000 Atlanta, Georgia 30309-3600 Telephone: (404) 525-8200 Fax: (404) 525-1173 ATTORNEYS FOR DEFENDANT Case 5:16-cv-00250-MTT Document 15 Filed 01/10/17 Page 5 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION MARCUS W. FREEMAN, ) ) Plaintiff, ) ) v. ) Case No. 5:16-CV-00250-MTT ) HOTEL EQUITIES, INC., ) ) Defendant. ) CERTIFICATE OF SERVICE I hereby certify that on January 10, 2017, I electronically filed the foregoing DEFENDANT’S MOTION FOR SUMMARY JUDGMENT WITH INCORPORATED MEMORANDUM OF LAW with the Clerk of Court using the CM/ECF system and sent a copy via U.S. Mail to the following pro se party: Marcus M. Freeman 1665 Wesleyan Drive #1218 Macon, Georgia 31210 /s/ C. Todd Van Dyke C. Todd Van Dyke Case 5:16-cv-00250-MTT Document 15 Filed 01/10/17 Page 6 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION MARCUS W. FREEMAN, ) ) Plaintiff, ) ) v. ) Case No. 5:16-CV-00250-MTT ) HOTEL EQUITIES, INC., ) ) Defendant. ) DEFENDANT’S STATEMENT OF UNDISPUTED MATERIAL FACTS Defendant Hotel Equities Group, LLC (“Defendant” or “Hotel Equities”),1 by and through its undersigned counsel, submits the following Statement of Undisputed Material Facts in support of its Motion for Summary Judgment: 1. Plaintiff was hired by Hotel Equities on August 9, 2007. Exhibit 1, Declaration of Juanita Stallworth (“Stallworth Decl.”) ¶ 3. 2. On July 11, 2013, Plaintiff filed a voluntary petition for bankruptcy under Chapter 13 in the United States Bankruptcy Court for the Middle District of Georgia, Case No. 13-51756. Exhibit 2, Voluntary Petition. 3. Question number 21 of Schedule B of Plaintiff’s bankruptcy petition asked him to list “[o]ther contingent and unliquidated claims of every nature.” Id. p. 10. 4. In response to question number 21, Plaintiff checked “none.” Id. 5. Plaintiff signed the “Declaration Concerning Debtor’s Schedules,” indicating that “I declare under penalty of perjury that I have read the foregoing summary and schedules, consisting of 15 sheets, and that they are true and correct to the best of my knowledge, information, and belief.” Id. at 21. 1 Improperly identified in the case caption as “Hotel Equities, Inc.” Case 5:16-cv-00250-MTT Document 15-1 Filed 01/10/17 Page 1 of 4 2 6. Plaintiff was represented by attorney A.G. Knowles in his bankruptcy case. Exhibit 2, p. 2. 7. Plaintiff’s employment with Hotel Equities was terminated on June 25, 2015. Stallworth Decl. ¶ 4. 8. On October 27, 2015, Plaintiff Marcus Freeman (“Plaintiff”) personally signed and filed a Charge of Discrimination with the Equal Employment Opportunity Commission (“EEOC”), alleging a hostile work environment on the basis of his age and retaliation for engaging in protected activity in violation of the Age Discrimination in Employment Act of 1967 (“ADEA”). Doc. 1-1. 9. Plaintiff was represented by attorney Jordan Sullivan of Spielberger Law during the EEOC proceedings. Stallworth Decl. Exhibit A, Notice of Right to Sue. 10. On October 29, 2015, two days after filing his EEOC charge, Plaintiff converted his Chapter 13 bankruptcy to a Chapter 7 bankruptcy because he was no longer able to comply with the Chapter 13 plan and did not desire to modify the plan. Exhibit 3, Notice of Conversion to Chapter 7. 11. Plaintiff never amended his bankruptcy petition to disclose his EEOC charge or the potential claims raised in that charge. See Exhibit 4, Bankruptcy Docket Sheet. 12. On December 2, 2015, the Chapter 7 bankruptcy trustee filed a “Report of No Distribution” stating that that “there is no property available for distribution from the estate over and above that exempted by law” and that $21,971.00 in creditor claims were “scheduled to be discharged without payment. . .” Exhibit 4, Bankruptcy Docket Sheet, p. 4-5. 13. On February 1, 2016, the United States Bankruptcy Court granted Plaintiff a discharge of his debts under 11 U.S.C. § 727. Exhibit 5, Order of Discharge. Case 5:16-cv-00250-MTT Document 15-1 Filed 01/10/17 Page 2 of 4 3 14. On May 26, 2016, the EEOC issued a Notice of Right to Sue regarding Plaintiff’s Charge of Discrimination. Stallworth Decl. Exhibit A, Notice of Right to Sue. 15. Plaintiff filed his Complaint on June 28, 2016, alleging claims for a hostile work environment and retaliation under the ADEA. Doc. 1. 16. Plaintiff’s hostile work environment claim was subsequently dismissed by the Court. Doc. 7. Respectfully submitted this 10th day of January, 2017. /s/ C. Todd Van Dyke C. Todd Van Dyke Georgia Bar No. 723420 vandyket@jacksonlewis.com Alison E. Loy Georgia Bar No. 544219 alison.loy@jacksonlewis.com JACKSON LEWIS P.C. 1155 Peachtree Street Suite 1000 Atlanta, Georgia 30309-3600 Telephone: (404) 525-8200 Fax: (404) 525-1173 ATTORNEYS FOR DEFENDANT Case 5:16-cv-00250-MTT Document 15-1 Filed 01/10/17 Page 3 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION MARCUS W. FREEMAN, ) ) Plaintiff, ) ) v. ) Case No. 5:16-CV-00250-MTT ) HOTEL EQUITIES, INC., ) ) Defendant. ) CERTIFICATE OF SERVICE I hereby certify that on January 10, 2017, I electronically filed the foregoing DEFENDANT’S STATEMENT OF UNDISPUTED MATERIAL FACTS with the Clerk of Court using the CM/ECF system and sent a copy via U.S. Mail to the following pro se party: Marcus M. Freeman 1665 Wesleyan Drive #1218 Macon, Georgia 31210 /s/ C. Todd Van Dyke C. Todd Van Dyke 4814-1921-6446, v. 2 Case 5:16-cv-00250-MTT Document 15-1 Filed 01/10/17 Page 4 of 4 EXHIBIT “1” Case 5:16-cv-00250-MTT Document 15-2 Filed 01/10/17 Page 1 of 5 Case 5:16-cv-00250-MTT Document 15-2 Filed 01/10/17 Page 2 of 5 EXHIBIT “A” Case 5:16-cv-00250-MTT Document 15-2 Filed 01/10/17 Page 3 of 5 Case 5:16-cv-00250-MTT Document 15-2 Filed 01/10/17 Page 4 of 5 Case 5:16-cv-00250-MTT Document 15-2 Filed 01/10/17 Page 5 of 5 EXHIBIT “2” Case 5:16-cv-00250-MTT Document 15-3 Filed 01/10/17 Page 1 of 38 }bk1{Form .VluntayPei B1 (Official Form 1)(04/13) United States Bankruptcy Court Voluntary Petition Name of Debtor (if individual, enter Last, First, Middle): All Other Names used by the Debtor in the last 8 years (include married, maiden, and trade names): Last four digits of Soc. Sec. or Individual-Taxpayer I.D. (ITIN)/Complete EIN (if more than one, state all) Street Address of Debtor (No. and Street, City, and State): County of Residence or of the Principal Place of Business: Mailing Address of Debtor (if different from street address): Location of Principal Assets of Business Debtor (if different from street address above): Name of Joint Debtor (Spouse) (Last, First, Middle): All Other Names used by the Joint Debtor in the last 8 years (include married, maiden, and trade names): Last four digits of Soc. Sec. or Individual-Taxpayer I.D. (ITIN) No./Complete EIN (if more than one, state all) Street Address of Joint Debtor (No. and Street, City, and State): County of Residence or of the Principal Place of Business: Mailing Address of Joint Debtor (if different from street address): ZIP Code ZIP Code ZIP Code ZIP Code Type of Debtor (Form of Organization) (Check one box) Individual (includes Joint Debtors) See Exhibit D on page 2 of this form. Corporation (includes LLC and LLP) Partnership Other (If debtor is not one of the above entities, check this box and state type of entity below.) Chapter 15 Debtors Country of debtor's center of main interests: Each country in which a foreign proceeding by, regarding, or against debtor is pending: Filing Fee (Check one box) Full Filing Fee attached Filing Fee to be paid in installments (applicable to individuals only). Must attach signed application for the court's consideration certifying that the debtor is unable to pay fee except in installments. Rule 1006(b). See Official Form 3A. Filing Fee waiver requested (applicable to chapter 7 individuals only). Must attach signed application for the court's consideration. See Official Form 3B. Nature of Business (Check one box) Health Care Business Single Asset Real Estate as defined in 11 U.S.C. § 101 (51B) Railroad Stockbroker Commodity Broker Clearing Bank Other Tax-Exempt Entity (Check box, if applicable) Debtor is a tax-exempt organization under Title 26 of the United States Code (the Internal Revenue Code). Chapter of Bankruptcy Code Under Which the Petition is Filed (Check one box) Chapter 7 Chapter 9 Chapter 11 Chapter 12 Chapter 13 Chapter 15 Petition for Recognition of a Foreign Main Proceeding Chapter 15 Petition for Recognition of a Foreign Nonmain Proceeding Nature of Debts (Check one box) Debts are primarily consumer debts, Debts are primarily defined in 11 U.S.C. § 101(8) as business debts. "incurred by an individual primarily for a personal, family, or household purpose." Chapter 11 DebtorsCheck one box: Debtor is a small business debtor as defined in 11 U.S.C. § 101(51D). Debtor is not a small business debtor as defined in 11 U.S.C. § 101(51D). Check if: Debtor’s aggregate noncontingent liquidated debts (excluding debts owed to insiders or affiliates) are less than $2,490,925 (amount subject to adjustment on 4/01/16 and every three years thereafter). Check all applicable boxes: A plan is being filed with this petition. Acceptances of the plan were solicited prepetition from one or more classes of creditors, in accordance with 11 U.S.C. § 1126(b). THIS SPACE IS FOR COURT USE ONLYStatistical/Administrative Information Debtor estimates that funds will be available for distribution to unsecured creditors. 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 1- 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 $0 to $50,001 to $100,001 to $500,001 $1,000,001 $10,000,001 $50,000,001 $100,000,001 $500,000,001 More than $50,000 $100,000 $500,000 to $1 to $10 to $50 to $100 to $500 to $1 billion $1 billion million million million million million Estimated Liabilities $0 to $50,001 to $100,001 to $500,001 $1,000,001 $10,000,001 $50,000,001 $100,000,001 $500,000,001 More than $50,000 $100,000 $500,000 to $1 to $10 to $50 to $100 to $500 to $1 billion $1 billion million million million million million Middle District of Georgia Freeman, Marcus M. xxx-xx-0096 3896 Riverside Dr. # 3896 Macon, GA Bibb 31210 Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 1 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 0 0/17 Page 2 of 38 B1 (Official Form 1)(04/13) Page 2 Voluntary Petition (This page must be completed and filed in every case) Name of Debtor(s): All Prior Bankruptcy Cases Filed Within Last 8 Years (If more than two, attach additional sheet) Location Case Number: Date Filed: Where Filed: 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: District: Relationship: Judge: Exhibit A (To be completed if debtor is required to file periodic reports (e.g., forms 10K and 10Q) with the Securities and Exchange Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 and is requesting relief under chapter 11.) Exhibit A is attached and made a part of this petition. 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? Yes, and Exhibit C is attached and made a part of this petition. No. Exhibit D (To be completed by every individual debtor. If a joint petition is filed, each spouse must complete and attach a separate Exhibit D.) Exhibit D completed and signed by the debtor is attached and made a part of this petition. If this is a joint petition: 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) 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. There is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this District. 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) 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) 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 Debtor has included with 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. Debtor certifies that he/she has served the Landlord with this certification. (11 U.S.C. § 362(l)). Exhibit B (To be completed if debtor is an individual whose debts are primarily consumer debts.) 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 delivered to the debtor the notice required by 11 U.S.C. §342(b). X Signature of Attorney for Debtor(s) (Date) Freeman, Marcus M. - None - - None - July 11, 2013/s/ A. G. Knowles A. G. Knowles Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 2 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 0 0/17 Page 3 of 38 B1 (Official Form 1)(04/13) Page 3 Voluntary Petition (This page must be completed and filed in every case) Name of Debtor(s): Signatures Signature(s) of Debtor(s) (Individual/Joint) I declare under penalty of perjury that the information provided in this petition is true and correct. [If petitioner is an individual whose debts are primarily consumer debts and has chosen to file under chapter 7] I am aware that I may proceed under chapter 7, 11, 12, or 13 of title 11, United States Code, understand the relief available under each such chapter, and choose to proceed under chapter 7. [If no attorney represents me and no bankruptcy petition preparer signs the petition] I have obtained and read the notice required by 11 U.S.C. §342(b). I request relief in accordance with the chapter of title 11, United States Code, specified in this petition. X Signature of Debtor X Signature of Joint Debtor Telephone Number (If not represented by attorney) Date Signature of Attorney* X Signature of Attorney for Debtor(s) Printed Name of Attorney for Debtor(s) Firm Name Address Telephone Number Date *In a case in which § 707(b)(4)(D) applies, this signature also constitutes a certification that the attorney has no knowledge after an inquiry that the information in the schedules is incorrect. Signature of Debtor (Corporation/Partnership) 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 debtor. The debtor requests relief in accordance with the chapter of title 11, United States Code, specified in this petition. X Signature of Authorized Individual Printed Name of Authorized Individual Title of Authorized Individual Date Signature of a Foreign Representative I declare under penalty of perjury that the information provided in this petition is true and correct, that I am the foreign representative of a debtor in a foreign proceeding, and that I am authorized to file this petition. (Check only one box.) I request relief in accordance with chapter 15 of title 11. United States Code. Certified copies of the documents required by 11 U.S.C. §1515 are attached. Pursuant to 11 U.S.C. §1511, I request relief in accordance with the chapter of title 11 specified in this petition. A certified copy of the order granting recognition of the foreign main proceeding is attached. X Signature of Foreign Representative Printed Name of Foreign Representative Date Signature of Non-Attorney Bankruptcy Petition Preparer I declare under penalty of perjury that: (1) I am a bankruptcy petition preparer as defined in 11 U.S.C. § 110; (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. §§ 110(b), 110(h), and 342(b); and, (3) if rules or guidelines have been promulgated pursuant to 11 U.S.C. § 110(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 in that section. Official Form 19 is attached. Printed Name and title, if any, of Bankruptcy Petition Preparer Social-Security number (If the bankrutpcy petition preparer is not an individual, state the Social Security number of the officer, principal, responsible person or partner of the bankruptcy petition preparer.)(Required by 11 U.S.C. § 110.) Address X Date Signature of bankruptcy petition preparer or officer, principal, responsible person,or partner whose Social Security number is provided above. 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 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. §110; 18 U.S.C. §156. Freeman, Marcus M. /s/ Marcus M. Freeman Marcus M. Freeman July 11, 2013 /s/ A. G. Knowles A. G. Knowles 426642 A. G. Knowles 544 Mulberry St. Ste. 202 Macon, GA 31201 Email: AGK@AGKnowlesLaw.com (478) 741-7900 Fax: (478) 741-0070 July 11, 2013 Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 3 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 0 0/17 Page 4 of 38 B 1D (Official Form 1, Exhibit D) (12/09) United States Bankruptcy Court Middle District of Georgia In re Marcus M. Freeman Case No. Debtor(s) Chapter 13 EXHIBIT D - INDIVIDUAL DEBTOR'S STATEMENT OF COMPLIANCE WITH CREDIT COUNSELING REQUIREMENT Warning: You must be able to check truthfully one of the five statements regarding credit counseling listed below. If you cannot do so, you are not eligible to file a bankruptcy case, and the court can dismiss any case you do file. If that happens, you will lose whatever filing fee you paid, and your creditors will be able to resume collection activities against you. If your case is dismissed and you file another bankruptcy case later, you may be required to pay a second filing fee and you may have to take extra steps to stop creditors' collection activities. Every individual debtor must file this Exhibit D. If a joint petition is filed, each spouse must complete and file a separate Exhibit D. Check one of the five statements below and attach any documents as directed. 1. Within the 180 days before the filing of my bankruptcy case, I received a briefing from a credit counseling agency approved by the United States trustee or bankruptcy administrator that outlined the opportunities for available credit counseling and assisted me in performing a related budget analysis, and I have a certificate from the agency describing the services provided to me. Attach a copy of the certificate and a copy of any debt repayment plan developed through the agency. 2. Within the 180 days before the filing of my bankruptcy case, I received a briefing from a credit counseling agency approved by the United States trustee or bankruptcy administrator that outlined the opportunities for available credit counseling and assisted me in performing a related budget analysis, but I do not have a certificate from the agency describing the services provided to me. You must file a copy of a certificate from the agency describing the services provided to you and a copy of any debt repayment plan developed through the agency no later than 14 days after your bankruptcy case is filed. 3. I certify that I requested credit counseling services from an approved agency but was unable to obtain the services during the seven days from the time I made my request, and the following exigent circumstances merit a temporary waiver of the credit counseling requirement so I can file my bankruptcy case now. [Summarize exigent circumstances here.] If your certification is satisfactory to the court, you must still obtain the credit counseling briefing within the first 30 days after you file your bankruptcy petition and promptly file a certificate from the agency that provided the counseling, together with a copy of any debt management plan developed through the agency. Failure to fulfill these requirements may result in dismissal of your case. Any extension of the 30-day deadline can be granted only for cause and is limited to a maximum of 15 days. Your case may also be dismissed if the court is not satisfied with your reasons for filing your bankruptcy case without first receiving a credit counseling briefing. 4. I am not required to receive a credit counseling briefing because of: [Check the applicable statement.] [Must be accompanied by a motion for determination by the court.] Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 4 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 0 0/17 Page 5 of 38 B 1D (Official Form 1, Exhibit D) (12/09) - Cont. Page 2 Incapacity. (Defined in 11 U.S.C. § 109(h)(4) as impaired by reason of mental illness or mental deficiency so as to be incapable of realizing and making rational decisions with respect to financial responsibilities.); Disability. (Defined in 11 U.S.C. § 109(h)(4) as physically impaired to the extent of being unable, after reasonable effort, to participate in a credit counseling briefing in person, by telephone, or through the Internet.); Active military duty in a military combat zone. 5. The United States trustee or bankruptcy administrator has determined that the credit counseling requirement of 11 U.S.C. § 109(h) does not apply in this district. I certify under penalty of perjury that the information provided above is true and correct. Signature of Debtor: /s/ Marcus M. Freeman Marcus M. Freeman Date: July 11, 2013 Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 5 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 0 0/17 Page 6 of 38 }bk1{Form 6.Suayfchedls United States Bankruptcy Court Middle District of Georgia In re , Debtor Case No. Chapter 13 Marcus M. Freeman B6 Summary (Official Form 6 - Summary) (12/07) 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 must also complete the "Statistical Summary of Certain Liabilities and Related Data" if they file a case under chapter 7, 11, or 13. SUMMARY OF SCHEDULES ATTACHED NO. OFNAME OF SCHEDULE ASSETS LIABILITIES OTHER (YES/NO) SHEETS A - Real Property B - Personal Property C - Property Claimed as Exempt D - Creditors Holding Secured Claims E - Creditors Holding Unsecured Priority Claims F - Creditors Holding Unsecured Nonpriority Claims G - Executory Contracts and Unexpired Leases H - Codebtors I - Current Income of Individual Debtor(s) J - Current Expenditures of Individual Debtor(s) Total Number of Sheets of ALL Schedules Total Assets Total Liabilities (Total of Claims on Schedule E) Software Copyright (c) 1996-2013 - CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 1 0.00 3 11,100.00 1 15,342.001 0.001 6,629.002 1 1 1 1,919.00 1 1,536.00 13 11,100.00 21,971.00 Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 6 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 0 0/17 Page 7 of 38 }bk1{Form 6.StaiscluyfCenLdRD United States Bankruptcy Court Middle District of Georgia In re , Debtor Case No. Chapter 13 Marcus M. Freeman Form 6 - Statistical Summary (12/07) 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. 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 Amount 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 22B 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) Software Copyright (c) 1996-2013 - CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,919.00 1,536.00 1,970.00 9,842.00 0.00 0.00 6,629.00 16,471.00 Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 7 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 0 0/17 Page 8 of 38 }bk1{Schedul A-RaPropty In re , Debtor Case No.Marcus M. Freeman B6A (Official Form 6A) (12/07) Except as directed below, list all real property in which the debtor has any legal, equitable, or future interest, including all property owned as a cotenant, community property, or in which the debtor has a life estate. Include any property in which the debtor holds rights and powers exercisable for the debtor's own benefit. If the debtor is married, state whether husband, wife, both, or the marital community own the property by placing an "H," "W," "J," or "C" in the column labeled "Husband, Wife, Joint, or Community." If the debtor holds no interest in real property, write "None" under "Description and Location of Property." Do not include interests in executory contracts and unexpired leases on this schedule. List them in Schedule G - Executory Contracts and Unexpired Leases. If an entity claims to have a lien or hold a secured interest in any property, state the amount of the secured claim. See Schedule D. If no entity claims to hold a secured interest in the property, write "None" in the column labeled "Amount of Secured Claim." If the debtor is an individual or if a joint petition is filed, state the amount of any exemption claimed in the property only in Schedule C - Property Claimed as Exempt. Description and Location of Property Nature of Debtor'sInterest in Property Husband, Wife, Joint, or Community Current Value of Debtor's Interest in Property, without Deducting any Secured Claim or Exemption Amount of Secured Claim continuation sheets attached to the Schedule of Real Property SCHEDULE A - REAL PROPERTY Software Copyright (c) 1996-2013 - CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy 0 None Sub-Total > (Total of this page)0.00 Total > (Report also on Summary of Schedules) 0.00 Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 8 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 0 0/17 Page 9 of 38 }bk1{Schedul B-Prsonapty In re , Debtor Case No.Marcus M. Freeman B6B (Official Form 6B) (12/07) Except as directed below, list all personal property of the debtor of whatever kind. If the debtor has no property in one or more of the categories, place an "x" in the appropriate position in the column labeled "None." If additional space is needed in any category, attach a separate sheet properly identified with the case name, case number, and the number of the category. If the debtor is married, state whether husband, wife, both, or the marital community own the property by placing an "H," "W," "J," or "C" in the column labeled "Husband, Wife, Joint, or Community." If the debtor is an individual or a joint petition is filed, state the amount of any exemptions claimed only in Schedule C - Property Claimed as Exempt. Do not list interests in executory contracts and unexpired leases on this schedule. List them in Schedule G - Executory Contracts and Unexpired Leases. If the property is being held for the debtor by someone else, state that person's name and address under "Description and Location of Property." If the property is being held for a minor child, simply state the child's initials and the name and address of the child's parent or guardian, such as "A.B., a minor child, by John Doe, guardian." Do not disclose the child's name. See, 11 U.S.C. §112 and Fed. R. Bankr. P. 1007(m). Type of Property N O N E Description and Location of Property Husband, Wife, Joint, or Community Current Value of Debtor's Interest in Property, without Deducting any Secured Claim or Exemption continuation sheets attached to the Schedule of Personal Property SCHEDULE B - PERSONAL PROPERTY Software Copyright (c) 1996-2013 - CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy 2 1. Cash on hand X 2. Checking, savings or other financial 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. RFCU - 100.00 3. Security deposits with public utilities, telephone companies, landlords, and others. X 4. Household goods and furnishings, including audio, video, and computer equipment. HHG - 4,500.00 Furniture - 500.00 5. Books, pictures and other art objects, antiques, stamp, coin, record, tape, compact disc, and other collections or collectibles. X 6. Wearing apparel. Clothes - 500.00 7. Furs and jewelry. Jewelry - 500.00 8. Firearms and sports, photographic, and other hobby equipment. X 9. Interests in insurance policies. Name insurance company of each policy and itemize surrender or refund value of each. X 10. Annuities. Itemize and name each issuer. X Sub-Total > (Total of this page) 6,100.00 Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 9 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 01/10/17 Page 10 of 38 B6B (Official Form 6B) (12/07) - Cont. Type of Property N O N E Description and Location of Property Husband, Wife, Joint, or Community Current Value of Debtor's Interest in Property, without Deducting any Secured Claim or Exemption Sheet of continuation sheets attached to the Schedule of Personal Property SCHEDULE B - PERSONAL PROPERTY (Continuation Sheet) Software Copyright (c) 1996-2013 - CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy In re , Debtor Case No.Marcus M. Freeman 11. Interests in an education IRA as defined 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).) X 12. Interests in IRA, ERISA, Keogh, or other pension or profit sharing plans. Give particulars. X 13. Stock and interests in incorporated and unincorporated businesses. Itemize. X 14. Interests in partnerships or joint ventures. Itemize. X 15. Government and corporate bonds and other negotiable and nonnegotiable instruments. X 16. Accounts receivable. X 17. Alimony, maintenance, support, and property settlements to which the debtor is or may be entitled. Give particulars. X 18. Other liquidated debts owed to debtor including tax refunds. Give particulars. X 19. Equitable or future interests, life estates, and rights or powers exercisable for the benefit of the debtor other than those listed in Schedule A - Real Property. X 20. Contingent and noncontingent interests in estate of a decedent, death benefit plan, life insurance policy, or trust. X 21. Other contingent and unliquidated claims of every nature, including tax refunds, counterclaims of the debtor, and rights to setoff claims. Give estimated value of each. X Sub-Total > (Total of this page) 0.00 1 2 Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 10 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 01/10/17 Page 11 of 38 B6B (Official Form 6B) (12/07) - Cont. Type of Property N O N E Description and Location of Property Husband, Wife, Joint, or Community Current Value of Debtor's Interest in Property, without Deducting any Secured Claim or Exemption Sheet of continuation sheets attached to the Schedule of Personal Property SCHEDULE B - PERSONAL PROPERTY (Continuation Sheet) Software Copyright (c) 1996-2013 - CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy In re , Debtor Case No.Marcus M. Freeman 22. Patents, copyrights, and other intellectual property. Give particulars. X 23. Licenses, franchises, and other general intangibles. Give particulars. X 24. Customer lists or other compilations 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. X 25. Automobiles, trucks, trailers, and other vehicles and accessories. 2002 Toyota Camry - 5,000.00 26. Boats, motors, and accessories. X 27. Aircraft and accessories. X 28. Office equipment, furnishings, and supplies. X 29. Machinery, fixtures, equipment, and supplies used in business. X 30. Inventory. X 31. Animals. X 32. Crops - growing or harvested. Give particulars. X 33. Farming equipment and implements. X 34. Farm supplies, chemicals, and feed. X 35. Other personal property of any kind not already listed. Itemize. X Sub-Total > (Total of this page) 5,000.00 2 2 Total > (Report also on Summary of Schedules) 11,100.00 Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 11 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 01/10/17 Page 12 of 38 }bk1{Schedul C-ProptyaimsEx In re , Debtor Case No.Marcus M. Freeman B6C (Official Form 6C) (4/13) Debtor claims the exemptions to which debtor is entitled under: Check if debtor claims a homestead exemption that exceeds (Check one box) $155,675. (Amount subject to adjustment on 4/1/16, and every three years thereafter with respect to cases commenced on or after the date of adjustment.)11 U.S.C. §522(b)(2) 11 U.S.C. §522(b)(3) Description of Property Specify Law ProvidingEach Exemption Value of Claimed Exemption Current Value of Property Without Deducting Exemption continuation sheets attached to Schedule of Property Claimed as Exempt SCHEDULE C - PROPERTY CLAIMED AS EXEMPT Software Copyright (c) 1996-2013 - CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy 0 Checking, Savings, or Other Financial Accounts, Certificates of Deposit RFCU 100.00GCA § 44-13-100(a)(6) 100.00 Household Goods and Furnishings HHG 4,500.00GCA § 44-13-100(a)(4) 4,500.00 Wearing Apparel Clothes 500.00GCA § 44-13-100(a)(4) 500.00 Furs and Jewelry Jewelry 500.00GCA § 44-13-100(a)(5) 500.00 Total: 5,600.00 5,600.00 Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 12 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 01/10/17 Page 13 of 38 }bk1{Schedul D-CritosHngam AMOUNT OF CLAIM WITHOUT DEDUCTING VALUE OF COLLATERAL DATE CLAIM WAS INCURRED, NATURE OF LIEN, AND DESCRIPTION AND VALUE OF PROPERTY SUBJECT TO LIEN C O D E B T O R C O N T I N G E N T U N L I Q U I D A T E D D I S P U T E D Husband, Wife, Joint, or Community H W J C CREDITOR'S NAME AND MAILING ADDRESS INCLUDING ZIP CODE, AND ACCOUNT NUMBER (See instructions above.) Account No. Value $ Account No. Value $ Account No. Value $ Account No. Value $ Subtotal _____ continuation sheets attached (Total of this page) UNSECURED PORTION, IF ANY B6D (Official Form 6D) (12/07) State the name, mailing address, including zip code, and last four digits of any account number of all entities holding claims secured by property of the debtor as of the date of filing of the petition. The complete account number of any account the debtor has with the creditor is useful to the trustee and the creditor and may be provided if the debtor chooses to do so. List creditors holding all types of secured interests such as judgment liens, garnishments, statutory liens, mortgages, deeds of trust, and other security interests. List creditors in alphabetical order to the extent practicable. If a minor child is a creditor, the child's initials and the name and address of the child's parent or guardian, such as "A.B., a minor child, by John Doe, guardian." Do not disclose the child's name. See, 11 U.S.C. §112 and Fed. R. Bankr. P. 1007(m). If all secured creditors will not fit on this page, use the continuation sheet provided. If any entity other than a spouse in a joint case may be jointly liable on a claim, place an "X" in the column labeled "Codebtor" ,include the entity on the appropriate schedule of creditors, and complete Schedule H - Codebtors. If a joint petition is filed, state whether the husband, wife, both of them, or the marital community may be liable on each claim by placing an "H", "W", "J", or "C" in the column labeled "Husband, Wife, Joint, or Community". If the claim is contingent, place an "X" in the column labeled "Contingent". If the claim is unliquidated, place an "X" in the column labeled "Unliquidated". If the claim is disputed, place an "X" in the column labeled "Disputed". (You may need to place an "X" in more than one of these three columns.) Total the columns labeled "Amount of Claim Without Deducting Value of Collateral" and "Unsecured Portion, if Any" in the boxes labeled "Total(s)" on the last sheet of the completed schedule. Report the total from the column labeled "Amount of Claim" also on the Summary of Schedules and, if the debtor is an individual with primarily consumer debts, report the total from the column labeled "Unsecured Portion" on the Statistical Summary of Certain Liabilities and Related Data. Check this box if debtor has no creditors holding secured claims to report on this Schedule D. SCHEDULE D - CREDITORS HOLDING SECURED CLAIMS Software Copyright (c) 1996-2013 - CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy In re , Debtor Case No.Marcus M. Freeman 0 xxxxxxxxx 2-8-13 PMSI 2002 Toyota Camry Credit Acceptance Corp 25505 W 12 Mile Rd. Southfield, MI 48034 - 14,464.00 9,464.005,000.00 PMSI FurniturePioneer 424 Cherry St P.O. Box 634 Macon, GA 31202-0634 - 878.00 378.00500.00 15,342.00 9,842.00 15,342.00 9,842.00Total (Report on Summary of Schedules) Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 13 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 01/10/17 Page 14 of 38 }bk1{Schedul E-CritosHngUPyam B6E (Official Form 6E) (4/13) A complete list of claims entitled to priority, listed separately by type of priority, is to be set forth on the sheets provided. Only holders of unsecured claims entitled to priority should be listed in this schedule. In the boxes provided on the attached sheets, state the name, mailing address, including zip code, and last four digits of the account number, if any, of all entities holding priority claims against the debtor or the property of the debtor, as of the date of the filing of the petition. Use a separate continuation sheet for each type of priority and label each with the type of priority. The complete account number of any account the debtor has with the creditor is useful to the trustee and the creditor and may be provided if the debtor chooses to do so. If a minor child is a creditor, state the child's initials and the name and address of the child's parent or guardian, such as "A.B., a minor child, by John Doe, guardian." Do not disclose the child's name. See, 11 U.S.C. §112 and Fed. R. Bankr. P. 1007(m). If any entity other than a spouse in a joint case may be jointly liable on a claim, place an "X" in the column labeled "Codebtor," include the entity on the appropriate schedule of creditors, and complete Schedule H-Codebtors. If a joint petition is filed, state whether the husband, wife, both of them, or the marital community may be liable on each claim by placing an "H," "W," "J," or "C" in the column labeled "Husband, Wife, Joint, or Community." If the claim is contingent, place an "X" in the column labeled "Contingent." If the claim is unliquidated, place an "X" in the column labeled "Unliquidated." If the claim is disputed, place an "X" in the column labeled "Disputed." (You may need to place an "X" in more than one of these three columns.) Report the total of claims listed on each sheet in the box labeled "Subtotals" on each sheet. Report the total of all claims listed on this Schedule E in the box labeled "Total" on the last sheet of the completed schedule. Report this total also on the Summary of Schedules. Report the total of amounts entitled to priority listed on each sheet in the box labeled "Subtotals" on each sheet. Report the total of all amounts entitled to priority listed on this Schedule E in the box labeled "Totals" on the last sheet of the completed schedule. Individual debtors with primarily consumer debts report this total also on the Statistical Summary of Certain Liabilities and Related Data. Report the total of amounts not entitled to priority listed on each sheet in the box labeled "Subtotals" on each sheet. Report the total of all amounts not entitled to priority listed on this Schedule E in the box labeled "Totals" on the last sheet of the completed schedule. Individual debtors with primarily consumer debts report this total also on the Statistical Summary of Certain Liabilities and Related Data. 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) 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). 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). 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 $12,475* 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). 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). Certain farmers and fishermen Claims of certain farmers and fishermen, up to $6,150* per farmer or fisherman, against the debtor, as provided in 11 U.S.C. § 507(a)(6). Deposits by individuals Claims of individuals up to $2,775* 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). 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). 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). 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). * Amount subject to adjustment on 4/01/16, and every three years thereafter with respect to cases commenced on or after the date of adjustment. continuation sheets attached SCHEDULE E - CREDITORS HOLDING UNSECURED PRIORITY CLAIMS Software Copyright (c) 1996-2013 - CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy In re , Debtor Case No.Marcus M. Freeman 0 Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 14 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 01/10/17 Page 15 of 38 }bk1{Schedul F-CritosHngUNpyam C O D E B T O R C O N T I N G E N T U N L I Q U I D A T E D D I S P U T E D Husband, Wife, Joint, or Community H W J C CREDITOR'S NAME, MAILING ADDRESS INCLUDING ZIP CODE, AND ACCOUNT NUMBER (See instructions above.) Account No. Account No. Account No. Account No. Subtotal _____ continuation sheets attached (Total of this page) DATE CLAIM WAS INCURRED AND CONSIDERATION FOR CLAIM. IF CLAIM IS SUBJECT TO SETOFF, SO STATE. AMOUNT OF CLAIM B6F (Official Form 6F) (12/07) State the name, mailing address, including zip code, and last four digits of any account number, of all entities holding unsecured claims without priority against the debtor or the property of the debtor, as of the date of filing of the petition. The complete account number of any account the debtor has with the creditor is useful to the trustee and the creditor and may be provided if the debtor chooses to do so. If a minor child is a creditor, state the child's initials and the name and address of the child's parent or guardian, such as "A.B., a minor child, by John Doe, guardian." Do not disclose the child's name. See, 11 U.S.C. §112 and Fed. R. Bankr. P. 1007(m). Do not include claims listed in Schedules D and E. If all creditors will not fit on this page, use the continuation sheet provided. If any entity other than a spouse in a joint case may be jointly liable on a claim, place an "X" in the column labeled "Codebtor," include the entity on the appropriate schedule of creditors, and complete Schedule H - Codebtors. If a joint petition is filed, state whether the husband, wife, both of them, or the marital community may be liable on each claim by placing an "H," "W," "J," or "C" in the column labeled "Husband, Wife, Joint, or Community." If the claim is contingent, place an "X" in the column labeled "Contingent." If the claim is unliquidated, place an "X" in the column labeled "Unliquidated." If the claim is disputed, place an "X" in the column labeled "Disputed." (You may need to place an "X" in more than one of these three columns.) Report the total of all claims listed on this schedule in the box labeled "Total" on the last sheet of the completed schedule. Report this total also on the Summary of Schedules and, if the debtor is an individual with primarily consumer debts, report this total also on the Statistical Summary of Certain Liabilities and Related Data. Check this box if debtor has no creditors holding unsecured claims to report on this Schedule F. S/N:20538-130418 SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS Software Copyright (c) 1996-2013 - CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy In re , Debtor Case No.Marcus M. Freeman 1 signature loan Lendmark Financial Services 4634 Presidential PArkway Macon, GA 31206 - 500.00 signature loan Pioneer 424 Cherry St P.O. Box 634 Macon, GA 31202-0634 - 1,320.00 signature loan Security FInance 3791 Mercer University Dr. Macon, GA 31204 - 1,000.00 signature loan Sterling Finance Company 371 2nd St Macon, GA 31201 - 1,469.00 4,289.00 Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 15 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 01/10/17 Page 16 of 38 B6F (Official Form 6F) (12/07) - Cont. C O D E B T O R C O N T I N G E N T U N L I Q U I D A T E D D I S P U T E D Husband, Wife, Joint, or Community H W J C CREDITOR'S NAME, MAILING ADDRESS INCLUDING ZIP CODE, AND ACCOUNT NUMBER (See instructions above.) Account No. Account No. Account No. Account No. Account No. Sheet no. _____ of _____ sheets attached to Schedule of Subtotal Creditors Holding Unsecured Nonpriority Claims (Total of this page) DATE CLAIM WAS INCURRED AND CONSIDERATION FOR CLAIM. IF CLAIM IS SUBJECT TO SETOFF, SO STATE. AMOUNT OF CLAIM SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS (Continuation Sheet) Software Copyright (c) 1996-2013 - CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy In re , Debtor Case No.Marcus M. Freeman signature loan World Finance Corp 4524 Forysth Rd, Ste 104 Macon, GA 31210 - 2,340.00 2,340.00 1 1 6,629.00 Total (Report on Summary of Schedules) Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 16 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 01/10/17 Page 17 of 38 }bk1{Schedul G-ExtoryCnasUpiL In re , Debtor Case No.Marcus M. Freeman B6G (Official Form 6G) (12/07) Describe all executory contracts of any nature and all unexpired leases of real or personal property. Include any timeshare interests. State nature of debtor's interest in contract, i.e., "Purchaser", "Agent", etc. State whether debtor is the lessor or lessee of a lease. Provide the names and complete mailing addresses of all other parties to each lease or contract described. If a minor child is a party to one of the leases or contracts, state the child's initials and the name and address of the child's parent or guardian, such as "A.B., a minor child, by John Doe, guardian." Do not disclose the child's name. See, 11 U.S.C. §112 and Fed. R. Bankr. P. 1007(m). Check this box if debtor has no executory contracts or unexpired leases. Name and Mailing Address, Including Zip Code, of Other Parties to Lease or Contract Description of Contract or Lease and Nature of Debtor's Interest. State whether lease is for nonresidential real property. State contract number of any government contract. continuation sheets attached to Schedule of Executory Contracts and Unexpired Leases SCHEDULE G - EXECUTORY CONTRACTS AND UNEXPIRED LEASES Software Copyright (c) 1996-2013 - CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy 0 Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 17 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 01/10/17 Page 18 of 38 }bk1{Schedul H-Cotrs In re , Debtor Case No.Marcus M. Freeman B6H (Official Form 6H) (12/07) Provide the information requested concerning any person or entity, other than a spouse in a joint case, that is also liable on any debts listed by debtor in the schedules of creditors. Include all guarantors and co-signers. If the debtor resides or resided in a community property state, commonwealth, or territory (including Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Puerto Rico, Texas, Washington, or Wisconsin) within the eight year period 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, commonwealth, or territory. Include all names used by the nondebtor spouse during the eight years immediately preceding the commencement of this case. If a minor child is a codebtor or a creditor, state the child's initials and the name and address of the child's parent or guardian, such as "A.B., a minor child, by John Doe, guardian." Do not disclose the child's name. See, 11 U.S.C. §112 and Fed. R. Bankr. P. 1007(m). Check this box if debtor has no codebtors. NAME AND ADDRESS OF CODEBTOR NAME AND ADDRESS OF CREDITOR continuation sheets attached to Schedule of Codebtors SCHEDULE H - CODEBTORS Software Copyright (c) 1996-2013 - CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy 0 Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 18 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 01/10/17 Page 19 of 38 B6I (Official Form 6I) (12/07) In re Marcus M. Freeman Case No. Debtor(s) 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, 22B, or 22C. Debtor's Marital Status: DEPENDENTS OF DEBTOR AND SPOUSE Divorced RELATIONSHIP(S): Granddaughter AGE(S): 10 Employment: DEBTOR SPOUSE Occupation Maintenance Name of Employer Fairfield Inn How long employed 6 years Address of Employer 4035 Sheraton Dr. Macon, GA 31210 INCOME: (Estimate of average or projected monthly income at time case filed) DEBTOR SPOUSE 1. Monthly gross wages, salary, and commissions (Prorate if not paid monthly) $ 1,970.00 $ 0.00 2. Estimate monthly overtime $ 0.00 $ 0.00 3. SUBTOTAL $ 1,970.00 $ 0.00 4. LESS PAYROLL DEDUCTIONS a. Payroll taxes and social security $ 407.00 $ 0.00 b. Insurance $ 23.00 $ 0.00 c. Union dues $ 0.00 $ 0.00 d. Other (Specify): $ 0.00 $ 0.00 $ 0.00 $ 0.00 5. SUBTOTAL OF PAYROLL DEDUCTIONS $ 430.00 $ 0.00 6. TOTAL NET MONTHLY TAKE HOME PAY $ 1,540.00 $ 0.00 7. Regular income from operation of business or profession or farm (Attach detailed statement) $ 0.00 $ 0.00 8. Income from real property $ 0.00 $ 0.00 9. Interest and dividends $ 0.00 $ 0.00 10. Alimony, maintenance or support payments payable to the debtor for the debtor's use or that of dependents listed above $ 0.00 $ 0.00 11. Social security or government assistance (Specify): $ 0.00 $ 0.00 $ 0.00 $ 0.00 12. Pension or retirement income $ 0.00 $ 0.00 13. Other monthly income (Specify): Tax Refund $ 379.00 $ 0.00 $ 0.00 $ 0.00 14. SUBTOTAL OF LINES 7 THROUGH 13 $ 379.00 $ 0.00 15. AVERAGE MONTHLY INCOME (Add amounts shown on lines 6 and 14) $ 1,919.00 $ 0.00 16. COMBINED AVERAGE MONTHLY INCOME: (Combine column totals from line 15) $ 1,919.00 (Report also on Summary of Schedules and, if 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: None. Debtor lives in a house with his ex wife and adult son. Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 19 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 01/10/17 Page 20 of 38 B6J (Official Form 6J) (12/07) In re Marcus M. Freeman Case No. Debtor(s) 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 bi-weekly, 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 Form 22A or 22C. 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) $ 200.00 a. Are real estate taxes included? Yes No X b. Is property insurance included? Yes No X 2. Utilities: a. Electricity and heating fuel $ 0.00 b. Water and sewer $ 0.00 c. Telephone $ 65.00 d. Other cable $ 75.00 3. Home maintenance (repairs and upkeep) $ 0.00 4. Food $ 430.00 5. Clothing $ 80.00 6. Laundry and dry cleaning $ 0.00 7. Medical and dental expenses $ 20.00 8. Transportation (not including car payments) $ 430.00 9. Recreation, clubs and entertainment, newspapers, magazines, etc. $ 100.00 10. Charitable contributions $ 0.00 11. Insurance (not deducted from wages or included in home mortgage payments) a. Homeowner's or renter's $ 0.00 b. Life $ 0.00 c. Health $ 0.00 d. Auto $ 136.00 e. Other $ 0.00 12. Taxes (not deducted from wages or included in home mortgage payments) (Specify) $ 0.00 13. Installment payments: (In chapter 11, 12, and 13 cases, do not list payments to be included in the plan) a. Auto $ 0.00 b. Other $ 0.00 c. Other $ 0.00 14. Alimony, maintenance, and support paid to others $ 0.00 15. Payments for support of additional dependents not living at your home $ 0.00 16. Regular expenses from operation of business, profession, or farm (attach detailed statement) $ 0.00 17. Other $ 0.00 Other $ 0.00 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.) $ 1,536.00 19. Describe any increase or decrease in expenditures reasonably anticipated to occur within the year following the filing of this document: None 20. STATEMENT OF MONTHLY NET INCOME a. Average monthly income from Line 15 of Schedule I $ 1,919.00 b. Average monthly expenses from Line 18 above $ 1,536.00 c. Monthly net income (a. minus b.) $ 383.00 Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 20 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 01/10/17 Page 21 of 38 B6 Declaration (Official Form 6 - Declaration). (12/07) United States Bankruptcy Court Middle District of Georgia In re Marcus M. Freeman Case No. Debtor(s) Chapter 13 DECLARATION CONCERNING DEBTOR'S SCHEDULES DECLARATION UNDER PENALTY OF PERJURY BY INDIVIDUAL DEBTOR I declare under penalty of perjury that I have read the foregoing summary and schedules, consisting of 15 sheets, and that they are true and correct to the best of my knowledge, information, and belief. Date July 11, 2013 Signature /s/ Marcus M. Freeman Marcus M. Freeman 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. Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 21 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 01/10/17 Page 22 of 38 B7 (Official Form 7) (04/13) United States Bankruptcy Court Middle District of Georgia In re Marcus M. Freeman Case No. Debtor(s) Chapter 13 STATEMENT OF FINANCIAL AFFAIRS This statement is to be completed by every debtor. Spouses filing a joint petition may file a single statement on which the information for both spouses is combined. If the case is filed under chapter 12 or chapter 13, a married debtor must furnish information for both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed. An individual debtor engaged in business as a sole proprietor, partner, family farmer, or self-employed professional, should provide the information requested on this statement concerning all such activities as well as the individual's personal affairs. To indicate payments, transfers and the like to minor children, state the child's initials and the name and address of the child's parent or guardian, such as "A.B., a minor child, by John Doe, guardian." Do not disclose the child's name. See, 11 U.S.C. § 112; Fed. R. Bankr. P. 1007(m). Questions 1 - 18 are to be completed by all debtors. Debtors that are or have been in business, as defined below, also must complete Questions 19 - 25. If the answer to an applicable question is "None," mark the box labeled "None." If additional space is needed for the answer to any question, use and attach a separate sheet properly identified with the case name, case number (if known), and the number of the question. DEFINITIONS "In business." A debtor is "in business" for the purpose of this form if the debtor is a corporation or partnership. An individual debtor is "in business" for the purpose of this form if the debtor is or has been, within six years immediately preceding the filing of this bankruptcy case, any of the following: an officer, director, managing executive, or owner of 5 percent or more of the voting or equity securities of a corporation; a partner, other than a limited partner, of a partnership; a sole proprietor or self-employed full-time or part-time. An individual debtor also may be "in business" for the purpose of this form if the debtor engages in a trade, business, or other activity, other than as an employee, to supplement income from the debtor's primary employment. "Insider." The term "insider" includes but is not limited to: relatives of the debtor; general partners of the debtor and their relatives; corporations of which the debtor is an officer, director, or person in control; officers, directors, and any persons in control of a corporate debtor and their relatives; affiliates of the debtor and insiders of such affiliates; and any managing agent of the debtor. 11 U.S.C. § 101(2), (31). None 1. Income from employment or operation of business State the gross amount of income the debtor has received from employment, trade, or profession, or from operation of the 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 SOURCE $12,742.00 YTD income from Fairfield $24,181.00 2012 income from Fairfield $23,048.00 2011 income from Fairfield None 2. Income other than from employment or operation of business State the amount of income received by the debtor other than from employment, trade, profession, or operation of the debtor's 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.) AMOUNT SOURCE Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 22 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 01/10/17 Page 23 of 38 B7 (Official Form 7) (04/13) 2 None 3. Payments to creditors Complete a. or b., 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 None 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 $6,225*. 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 None 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 AND RELATIONSHIP TO DEBTOR DATE OF PAYMENT AMOUNT PAID AMOUNT STILL OWING None 4. Suits and administrative proceedings, executions, garnishments and attachments a. List all suits and administrative proceedings to which the debtor is or was a party within one year immediately preceding the 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 not filed.) CAPTION OF SUIT AND CASE NUMBER NATURE OF PROCEEDING COURT OR AGENCY AND LOCATION STATUS OR DISPOSITION None 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 DESCRIPTION AND VALUE OF PROPERTY * Amount subject to adjustment on 4/01/16, and every three years thereafter with respect to cases commenced on or after the date of adjustment. Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 23 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 01/10/17 Page 24 of 38 B7 (Official Form 7) (04/13) 3 None 5. Repossessions, foreclosures and returns List all property that has been repossessed by a creditor, sold at a foreclosure sale, transferred through a deed in lieu of 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.) NAME AND ADDRESS OF CREDITOR OR SELLER DATE OF REPOSSESSION, FORECLOSURE SALE, TRANSFER OR RETURN DESCRIPTION AND VALUE OF PROPERTY None 6. Assignments and receiverships a. Describe any assignment of property for the benefit of creditors made within 120 days immediately preceding the 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 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 CUSTODIAN NAME AND LOCATION OF COURT CASE TITLE & NUMBER DATE OF ORDER DESCRIPTION AND VALUE OF PROPERTY None 7. Gifts 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 RELATIONSHIP TO DEBTOR, IF ANY DATE OF GIFT DESCRIPTION AND VALUE OF GIFT None 8. Losses List all losses from fire, theft, other casualty or gambling within one year immediately preceding the commencement 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.) 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 None 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 the petition in bankruptcy within one year immediately preceding the commencement of this case. NAME AND ADDRESS OF PAYEE DATE OF PAYMENT, NAME OF PAYER IF OTHER THAN DEBTOR AMOUNT OF MONEY OR DESCRIPTION AND VALUE OF PROPERTY Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 24 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 01/10/17 Page 25 of 38 B7 (Official Form 7) (04/13) 4 None 10. Other transfers a. List all other property, other than property transferred in the ordinary course of the business or financial affairs of the 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 self-settled trust or similar device of which the debtor is a beneficiary. NAME OF TRUST OR OTHER DEVICE DATE(S) OF TRANSFER(S) AMOUNT OF MONEY OR DESCRIPTION AND VALUE OF PROPERTY OR DEBTOR'S INTEREST IN PROPERTY None 11. Closed financial accounts List all financial accounts and instruments held in the name of the debtor or for the benefit of the debtor which were closed, 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 TYPE OF ACCOUNT, LAST FOUR DIGITS OF ACCOUNT NUMBER, AND AMOUNT OF FINAL BALANCE AMOUNT AND DATE OF SALE OR CLOSING None 12. Safe deposit boxes List each safe deposit or other box or depository in which the debtor has or had securities, cash, or other valuables within 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 NAMES AND ADDRESSES OF THOSE WITH ACCESS TO BOX OR DEPOSITORY DESCRIPTION OF CONTENTS DATE OF TRANSFER OR SURRENDER, IF ANY None 13. Setoffs List all setoffs made by any creditor, including a bank, against a debt or deposit of the debtor within 90 days preceding 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 SETOFF AMOUNT OF SETOFF None 14. Property held for another person List all property owned by another person that the debtor holds or controls. NAME AND ADDRESS OF OWNER DESCRIPTION AND VALUE OF PROPERTY LOCATION OF PROPERTY Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 25 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 01/10/17 Page 26 of 38 B7 (Official Form 7) (04/13) 5 None 15. Prior address of debtor If the debtor has moved within three years immediately preceding the commencement of this case, list all premises which the 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 None 16. Spouses and Former Spouses If the debtor resides or resided in a community property state, commonwealth, or territory (including Alaska, Arizona, 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. 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 None 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 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 ENVIRONMENTAL LAW None c. List all judicial or administrative proceedings, including settlements or orders, under any Environmental Law with 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. NAME AND ADDRESS OF GOVERNMENTAL UNIT DOCKET NUMBER STATUS OR DISPOSITION Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 26 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 01/10/17 Page 27 of 38 B7 (Official Form 7) (04/13) 6 None 18 . Nature, location and name of business 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 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 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 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 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 six years immediately preceding the commencement of this case. NAME LAST FOUR DIGITS OF SOCIAL-SECURITY OR OTHER INDIVIDUAL TAXPAYER-I.D. NO. (ITIN)/ COMPLETE EIN ADDRESS 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 U.S.C. § 101. NAME ADDRESS Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 27 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 01/10/17 Page 28 of 38 B7 (Official Form 7) (04/13) 7 DECLARATION UNDER PENALTY OF PERJURY BY INDIVIDUAL DEBTOR 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 July 11, 2013 Signature /s/ Marcus M. Freeman Marcus M. Freeman Debtor Penalty for making a false statement: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571 Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 28 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 01/10/17 Page 29 of 38 United States Bankruptcy Court Middle District of Georgia In re Marcus M. Freeman Case No. Debtor(s) Chapter 13 DISCLOSURE OF COMPENSATION OF ATTORNEY FOR DEBTOR(S) 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 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 $ 3,000.00 Prior to the filing of this statement I have received $ 0.00 Balance Due $ 3,000.00 2. $ 100.00 of the filing fee has been paid. 3. The source of the compensation paid to me was: Debtor Other (specify): 4. The source of compensation to be paid to me is: Debtor Other (specify): 5. I have not agreed to share the above-disclosed compensation with any other person unless they are members and associates of my law firm. 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. 6. 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] 7. By agreement with the debtor(s), the above-disclosed fee does not include the following service: 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. Dated: July 11, 2013 /s/ A. G. Knowles A. G. Knowles A. G. Knowles 544 Mulberry St. Ste. 202 Macon, GA 31201 (478) 741-7900 Fax: (478) 741-0070 AGK@AGKnowlesLaw.com Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 29 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 01/10/17 Page 30 of 38 B 201A (Form 201A) (11/12) UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF GEORGIA NOTICE TO CONSUMER DEBTOR(S) UNDER § 342(b) OF THE BANKRUPTCY CODE In accordance with § 342(b) of the Bankruptcy Code, this notice to individuals with primarily consumer debts: (1) Describes briefly the services available from credit counseling services; (2) Describes briefly the purposes, benefits and costs of the four types of bankruptcy proceedings you may commence; and (3) Informs you about bankruptcy crimes and notifies you that the Attorney General may examine all information you supply in connection with a bankruptcy case. You are cautioned that bankruptcy law is complicated and not easily described. Thus, you may wish to seek the advice of an attorney to learn of your rights and responsibilities should you decide to file a petition. Court employees cannot give you legal advice. Notices from the bankruptcy court are sent to the mailing address you list on your bankruptcy petition. In order to ensure that you receive information about events concerning your case, Bankruptcy Rule 4002 requires that you notify the court of any changes in your address. If you are filing a joint case (a single bankruptcy case for two individuals married to each other), and each spouse lists the same mailing address on the bankruptcy petition, you and your spouse will generally receive a single copy of each notice mailed from the bankruptcy court in a jointly-addressed envelope, unless you file a statement with the court requesting that each spouse receive a separate copy of all notices. 1. Services Available from Credit Counseling Agencies With limited exceptions, § 109(h) of the Bankruptcy Code requires that all individual debtors who file for bankruptcy relief on or after October 17, 2005, receive a briefing that outlines the available opportunities for credit counseling and provides assistance in performing a budget analysis. The briefing must be given within 180 days before the bankruptcy filing. The briefing may be provided individually or in a group (including briefings conducted by telephone or on the Internet) and must be provided by a nonprofit budget and credit counseling agency approved by the United States trustee or bankruptcy administrator. The clerk of the bankruptcy court has a list that you may consult of the approved budget and credit counseling agencies. Each debtor in a joint case must complete the briefing. In addition, after filing a bankruptcy case, an individual debtor generally must complete a financial management instructional course before he or she can receive a discharge. The clerk also has a list of approved financial management instructional courses. Each debtor in a joint case must complete the course. 2. The Four Chapters of the Bankruptcy Code Available to Individual Consumer Debtors Chapter 7: Liquidation ($245 filing fee, $46 administrative fee, $15 trustee surcharge: Total Fee $306) Chapter 7 is designed for debtors in financial difficulty who do not have the ability to pay their existing debts. Debtors whose debts are primarily consumer debts are subject to a "means test" designed to determine whether the case should be permitted to proceed under chapter 7. If your income is greater than the median income for your state of residence and family size, in some cases, the United States trustee (or bankruptcy administrator), the trustee, or creditors have the right to file a motion requesting that the court dismiss your case under § 707(b) of the Code. It is up to the court to decide whether the case should be dismissed. Under chapter 7, you may claim certain of your property as exempt under governing law. A trustee may have the right to take possession of and sell the remaining property that is not exempt and use the sale proceeds to pay your creditors. The purpose of filing a chapter 7 case is to obtain a discharge of your existing debts. If, however, you are found to have committed certain kinds of improper conduct described in the Bankruptcy Code, the court may deny your discharge and, if it does, the purpose for which you filed the bankruptcy petition will be defeated. Even if you receive a general discharge, some particular debts are not discharged under the law. Therefore, you may still be responsible for most taxes and student loans; debts incurred to pay nondischargeable taxes; domestic support and property settlement obligations; most fines, penalties, forfeitures, and criminal restitution obligations; certain debts which are not properly listed in your bankruptcy papers; and debts for death or personal injury caused by operating a motor vehicle, vessel, or aircraft while intoxicated from alcohol or drugs. Also, if a creditor can prove that a debt arose from fraud, breach of fiduciary duty, or theft, or from a willful and malicious injury, the bankruptcy court may determine that the debt is not discharged. Chapter 13: Repayment of All or Part of the Debts of an Individual with Regular Income ($235 filing fee, $46 administrative fee: Total fee $281) Chapter 13 is designed for individuals with regular income who would like to pay all or part of their debts in installments over Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 30 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 01/10/17 Page 31 of 38 Form B 201A, Notice to Consumer Debtor(s) Page 2 a period of time. You are only eligible for chapter 13 if your debts do not exceed certain dollar amounts set forth in the Bankruptcy Code. Under chapter 13, you must file with the court a plan to repay your creditors all or part of the money that you owe them, using your future earnings. The period allowed by the court to repay your debts may be three years or five years, depending upon your income and other factors. The court must approve your plan before it can take effect. After completing the payments under your plan, your debts are generally discharged except for domestic support obligations; most student loans; certain taxes; most criminal fines and restitution obligations; certain debts which are not properly listed in your bankruptcy papers; certain debts for acts that caused death or personal injury; and certain long term secured obligations. Chapter 11: Reorganization ($1,167 filing fee, $46 administrative fee: Total fee $1,213) Chapter 11 is designed for the reorganization of a business but is also available to consumer debtors. Its provisions are quite complicated, and any decision by an individual to file a chapter 11 petition should be reviewed with an attorney. Chapter 12: Family Farmer or Fisherman ($200 filing fee, $46 administrative fee: Total fee $246) Chapter 12 is designed to permit family farmers and fishermen to repay their debts over a period of time from future earnings and is similar to chapter 13. The eligibility requirements are restrictive, limiting its use to those whose income arises primarily from a family-owned farm or commercial fishing operation. 3. Bankruptcy Crimes and Availability of Bankruptcy Papers to Law Enforcement Officials A person who knowingly and fraudulently conceals assets or makes a false oath or statement under penalty of perjury, either orally or in writing, in connection with a bankruptcy case is subject to a fine, imprisonment, or both. All information supplied by a debtor in connection with a bankruptcy case is subject to examination by the Attorney General acting through the Office of the United States Trustee, the Office of the United States Attorney, and other components and employees of the Department of Justice. WARNING: Section 521(a)(1) of the Bankruptcy Code requires that you promptly file detailed information regarding your creditors, assets, liabilities, income, expenses and general financial condition. Your bankruptcy case may be dismissed if this information is not filed with the court within the time deadlines set by the Bankruptcy Code, the Bankruptcy Rules, and the local rules of the court. The documents and the deadlines for filing them are listed on Form B200, which is posted at http://www.uscourts.gov/bkforms/bankruptcy_forms.html#procedure. Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 31 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 01/10/17 Page 32 of 38 B 201B (Form 201B) (12/09) United States Bankruptcy Court Middle District of Georgia In re Marcus M. Freeman Case No. Debtor(s) Chapter 13 CERTIFICATION OF NOTICE TO CONSUMER DEBTOR(S) UNDER § 342(b) OF THE BANKRUPTCY CODE Certification of Debtor I (We), the debtor(s), affirm that I (we) have received and read the attached notice, as required by § 342(b) of the Bankruptcy Code. Marcus M. Freeman X /s/ Marcus M. Freeman July 11, 2013 Printed Name(s) of Debtor(s) Signature of Debtor Date Case No. (if known) X Signature of Joint Debtor (if any) Date Instructions: Attach a copy of Form B 201 A, Notice to Consumer Debtor(s) Under § 342(b) of the Bankruptcy Code. Use this form to certify that the debtor has received the notice required by 11 U.S.C. § 342(b) only if the certification has NOT been made on the Voluntary Petition, Official Form B1. Exhibit B on page 2 of Form B1 contains a certification by the debtor's attorney that the attorney has given the notice to the debtor. The Declarations made by debtors and bankruptcy petition preparers on page 3 of Form B1 also include this certification. Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 32 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 01/10/17 Page 33 of 38 United States Bankruptcy Court Middle District of Georgia In re Marcus M. Freeman Case No. Debtor(s) Chapter 13 VERIFICATION OF CREDITOR MATRIX The above-named Debtor hereby verifies that the attached list of creditors is true and correct to the best of his/her knowledge. Date: July 11, 2013 /s/ Marcus M. Freeman Marcus M. Freeman Signature of Debtor Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 33 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 01/10/17 Page 34 of 38 }bk1{Credito AsMax Credit Acceptance Corp 25505 W 12 Mile Rd. Southfield, MI 48034 Lendmark Financial Services 4634 Presidential PArkway Macon, GA 31206 Pioneer 424 Cherry St P.O. Box 634 Macon, GA 31202-0634 Security FInance 3791 Mercer University Dr. Macon, GA 31204 Sterling Finance Company 371 2nd St Macon, GA 31201 World Finance Corp 4524 Forysth Rd, Ste 104 Macon, GA 31210 Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 34 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 01/10/17 Page 35 of 38 B 22C (Official Form 22C) (Chapter 13) (04/13) In re Marcus M. Freeman According to the calculations required by this statement: The applicable commitment period is 3 years. The applicable commitment period is 5 years. Disposable income is determined under § 1325(b)(3). Disposable income is not determined under § 1325(b)(3). (Check the boxes as directed in Lines 17 and 23 of this statement.) Case Number: Debtor(s) (If known) CHAPTER 13 STATEMENT OF CURRENT MONTHLY INCOME AND CALCULATION OF COMMITMENT PERIOD AND DISPOSABLE INCOME In addition to Schedules I and J, this statement must be completed by every individual chapter 13 debtor, whether or not filing jointly. Joint debtors may complete one statement only. Part I. REPORT OF INCOME 1 Marital/filing status. Check the box that applies and complete the balance of this part of this statement as directed. a. Unmarried. Complete only Column A ("Debtor's Income") for Lines 2-10. b. Married. Complete both Column A ("Debtor's Income") and Column B ("Spouse's Income") for Lines 2-10. All figures must reflect average monthly income received from all sources, derived during the six calendar months prior to filing the bankruptcy case, ending on the last day of the month before the filing. If the amount of monthly income varied during the six months, you must divide the six-month total by six, and enter the result on the appropriate line. Column A Debtor's Income Column B Spouse's Income 2 Gross wages, salary, tips, bonuses, overtime, commissions. $ 1,970.00 $ 3 Income from the operation of a business, profession, or farm. Subtract Line b from Line a and enter the difference in the appropriate column(s) of Line 3. 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 b as a deduction in Part IV. $ 0.00 $ 4 Rents and other real property income. Subtract Line b from Line a and enter the difference in the appropriate column(s) of Line 4. Do not enter a number less than zero. Do not include any part of the operating expenses entered on Line b as a deduction in Part IV. $ 0.00 $ 5 Interest, dividends, and royalties. $ 0.00 $ 6 Pension and retirement income. $ 0.00 $ 7 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 that purpose. Do not include alimony or separate maintenance payments or amounts paid by the debtor's spouse. Each regular payment should be reported in only one column; if a payment is listed in Column A, do not report that payment in Column B. $ 0.00 $ 8 Unemployment compensation. Enter the amount in the appropriate column(s) of Line 8. 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 Column A or B, but instead state the amount in the space below: $ 0.00 $ Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy 0.00 $ c. Rent and other real property income Subtract Line b from Line a $ 0.00 $ b. Ordinary and necessary business expenses $ 0.00 $ c. Business income Subtract Line b from Line a Debtor Spouse a. Gross receipts Debtor Spouse Unemployment compensation claimed to be a benefit under the Social Security Act Debtor $ 0.00 Spouse $ a. Gross receipts $ 0.00 $ b. Ordinary and necessary operating expenses $ Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 35 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 01/10/17 Page 36 of 38 B 22C (Official Form 22C) (Chapter 13) (04/13) 2 9 Income from all other sources. Specify source and amount. If necessary, list additional sources on a separate page. Total and enter on Line 9. Do not include alimony or separate maintenance payments paid by your spouse, but include all other payments of 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. $ 0.00 $ 10 Subtotal. Add Lines 2 thru 9 in Column A, and, if Column B is completed, add Lines 2 through 9 in Column B. Enter the total(s). $ 1,970.00 $ 11 Total. If Column B has been completed, add Line 10, Column A to Line 10, Column B, and enter the total. If Column B has not been completed, enter the amount from Line 10, Column A. $ 1,970.00 Part II. CALCULATION OF § 1325(b)(4) COMMITMENT PERIOD 12 Enter the amount from Line 11 $ 1,970.00 13 Marital Adjustment. If you are married, but are not filing jointly with your spouse, AND if you contend that calculation of the commitment period under § 1325(b)(4) does not require inclusion of the income of your spouse, enter on Line 13 the amount of the income listed in Line 10, Column B that was NOT paid on a regular basis for the household expenses of you or your dependents and specify, in the lines below, the basis for excluding this 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 the conditions for entering this adjustment do not apply, enter zero. Total and enter on Line 13 $ 0.00 14 Subtract Line 13 from Line 12 and enter the result. $ 1,970.00 15 Annualized current monthly income for § 1325(b)(4). Multiply the amount from Line 14 by the number 12 and enter the result. $ 23,640.00 16 Applicable median family income. Enter the median family income for applicable state and household size. (This information is available by family size at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court.) $ 51,954.00 17 Application of § 1325(b)(4). Check the applicable box and proceed as directed. The amount on Line 15 is less than the amount on Line 16. Check the box for "The applicable commitment period is 3 years" at the top of page 1 of this statement and continue with this statement. The amount on Line 15 is not less than the amount on Line 16. Check the box for "The applicable commitment period is 5 years" at the top of page 1 of this statement and continue with this statement. Part III. APPLICATION OF § 1325(b)(3) FOR DETERMINING DISPOSABLE INCOME 18 Enter the amount from Line 11. $ 1,970.00 19 Marital Adjustment. If you are married, but are not filing jointly with your spouse, enter on Line 19 the total of any income listed in Line 10, Column B 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 B 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 the conditions for entering this adjustment do not apply, enter zero. Total and enter on Line 19. $ 0.00 20 Current monthly income for § 1325(b)(3). Subtract Line 19 from Line 18 and enter the result. $ 1,970.00 Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy $ Debtor a. Enter debtor's state of residence: GA b. Enter debtor's household size: 2 Spouse a. a. $ b. $ c. a. $ b. $ c. $ $ $ $ b. $ Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 36 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 01/10/17 Page 37 of 38 B 22C (Official Form 22C) (Chapter 13) (04/13) 3 21 Annualized current monthly income for § 1325(b)(3). Multiply the amount from Line 20 by the number 12 and enter the result. $ 23,640.00 22 Applicable median family income. Enter the amount from Line 16. $ 51,954.00 23 Application of § 1325(b)(3). Check the applicable box and proceed as directed. The amount on Line 21 is more than the amount on Line 22. Check the box for "Disposable income is determined under § 1325(b)(3)" at the top of page 1 of this statement and complete the remaining parts of this statement. The amount on Line 21 is not more than the amount on Line 22. Check the box for "Disposable income is not determined under § 1325(b)(3)" at the top of page 1 of this statement and complete Part VII of this statement. Do not complete Parts IV, V, or VI. Part VII. VERIFICATION 61 I declare under penalty of perjury that the information provided in this statement is true and correct. (If this is a joint case, both debtors must sign.) Marcus M. Freeman (Debtor) Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Date: July 11, 2013 Signature: /s/ Marcus M. Freeman Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 37 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 01/10/17 Page 38 of 38 EXHIBIT “3” Case 5:16-cv-00250-MTT Document 15-4 Filed 01/10/17 Page 1 of 2 F:\docs\FREEMA.133\Convert_set.wpd IN THE UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF GEORGIA MACON DIVISION In the Matter of: : Chapter 13 : MARCUS FREEMAN : No. 13-51756 xxx-xx-0096 : Debtor(s) : NOTICE OF CONVERSION TO CHAPTER 7 COMES NOW the debtor and shows the Court the following: 1. The debtor is no longer able to comply with the Chapter 13 plan herein and does not desire to modify the plan. 2. The debtor qualifies as a debtor under Chapter 7 of Title 11. 3. Pursuant to 11 U.S.C. § 1307(a), the debtor is entitled to convert this Chapter 13 case to a case under Chapter 7 at any time, and debtor now wishes to convert to Chapter 7. WHEREFORE, the debtor, under Bankruptcy Rules 1019, hereby gives notice of the conversion of this Chapter 13 case to a case under Chapter 7 of Title 11, United States Code. October 29, 2015 /s/ A. G. Knowles Date A.G. Knowles, Attorney for Debtor 544 Mulberry St., ste 202 State Bar No. 426642 Macon, GA 31201 (478) 741-7900AGK@AGKnowlesLaw.com CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of the Notice of Conversion, electronically upon the United States Trustee and the Chapter 13 Trustee, and by mail on all other parties of interest, by depositing same in the US mail with sufficient postage affixed thereon to insure delivery. October 29, 2015 /s/ A. G. Knowles DATE A. G. KNOWLES Case 13-51756 Doc 30 Filed 10/29/15 Entered 10/29/15 15:39:39 Desc Main Document Page 1 of 1 Case 5:16-cv-00250-MTT Document 15-4 Filed 01 0/ 7 Page 2 of 2 EXHIBIT “4” Case 5:16-cv-00250-MTT Document 15-5 Filed 01/10/17 Page 1 of 6 Case 5:16-cv-00250-MTT Document 15-5 Filed 01/10/17 Page 2 of 6 Case 5:16-cv-00250-MTT Document 15-5 Filed 01/10/17 Page 3 of 6 Case 5:16-cv-00250-MTT Document 15-5 Filed 01/10/17 Page 4 of 6 Case 5:16-cv-00250-MTT Document 15-5 Filed 01/10/17 Page 5 of 6 Case 5:16-cv-00250-MTT Document 15-5 Filed 01/10/17 Page 6 of 6 EXHIBIT “5” Case 5:16-cv-00250-MTT Document 15-6 Filed 01/10/17 Page 1 of 3 Information to identify the case: Debtor 1 Marcus M. Freeman First Name Middle Name Last Name Social Security number or ITIN xxx−xx−0096 EIN _ _−_ _ _ _ _ _ _ Debtor 2 (Spouse, if filing) First Name Middle Name Last Name Social Security number or ITIN _ _ _ _ EIN _ _−_ _ _ _ _ _ _ United States Bankruptcy Court Middle District of Georgia Case number: 13−51756 aec Order of Discharge 12/15 IT IS ORDERED: A discharge under 11 U.S.C. § 727 is granted to: Marcus M. Freeman 1665 Wesleyan Dr. Apt. 1218 Macon, GA 31210 2/1/16 By the court: /s/Austin E. Carter United States Bankruptcy Judge Explanation of Bankruptcy Discharge in a Chapter 7 Case This order does not close or dismiss the case, and it does not determine how much money, if any, the trustee will pay creditors. This order does not prevent debtors from paying any debt voluntarily or from paying reaffirmed debts according to the reaffirmation agreement. 11 U.S.C. § 524(c), (f). Creditors cannot collect discharged debts This order means that no one may make any attempt to collect a discharged debt from the debtors personally. For example, creditors cannot sue, garnish wages, assert a deficiency, or otherwise try to collect from the debtors personally on discharged debts. Creditors cannot contact the debtors by mail, phone, or otherwise in any attempt to collect the debt personally. Creditors who violate this order can be required to pay debtors damages and attorney's fees. However, a creditor with a lien may enforce a claim against the debtors' property subject to that lien unless the lien was avoided or eliminated. For example, a creditor may have the right to foreclose a home mortgage or repossess an automobile. Most debts are discharged Most debts are covered by the discharge, but not all. Generally, a discharge removes the debtors' personal liability for debts owed before the debtors' bankruptcy case was filed. Also, if this case began under a different chapter of the Bankruptcy Code and was later converted to chapter 7, debts owed before the conversion are discharged. In a case involving community property: Special rules protect certain community property owned by the debtor's spouse, even if that spouse did not file a bankruptcy case. For more information, see page 2 > Official Form 318 Order of Discharge page 1 Case 13-51756 Doc 40 Filed 02/01/16 Entered 02/01/16 15:32:01 Desc Discharge Ch 7 Page 1 of 2 Case 5:16-cv-0 250-MTT Document 15-6 Filed 01/ 0/17 Page 2 of 3 Some debts are not discharged Examples of debts that are not discharged are: debts that are domestic support obligations; ♦ debts for most student loans;♦ debts for most taxes;♦ debts that the bankruptcy court has decided or will decide are not discharged in this bankruptcy case; ♦ debts for most fines, penalties, forfeitures, or criminal restitution obligations; ♦ some debts which the debtors did not properly list; ♦ debts for certain types of loans owed to pension, profit sharing, stock bonus, or retirement plans; and ♦ debts for death or personal injury caused by operating a vehicle while intoxicated. ♦ Also, debts covered by a valid reaffirmation agreement are not discharged. In addition, this discharge does not stop creditors from collecting from anyone else who is also liable on the debt, such as an insurance company or a person who cosigned or guaranteed a loan. This information is only a general summary of the bankruptcy discharge; some exceptions exist. Because the law is complicated, you should consult an attorney to determine the exact effect of the discharge in this case. Official Form 318 Order of Discharge page 2 Case 13-51756 Doc 40 Filed 02/01/16 Entered 02/01/16 15:32:01 Desc Discharge Ch 7 Page 2 of 2 Case 5:16-cv-0 250-MTT Document 15-6 Filed 01/ 0/17 Page 3 of 3