In Re: "Ameriquest Mortgage Co., Mortgage Lending Practices Litigation"

MOTION

N.D. Ill.October 23, 2009

IN RE AMERIQUEST MORTGAGE CO. MORTGAGE LENDING PRACTICES LiTIGATION THIS DOCUMENT RELATES TO THE FOLLOWING INDIVIDUAL ACTIONS: Furgeson v. Ameriquest Mortg. Co. et al., 04 -cv-762 7, Salazar v. Ameriquest Mortg. Co. et at., 05-cv-4162, Smith v. Ameriquest Mortg. Co. et al., 05-cv-648, Jimenez v. Ameriquest Mortg. Co. et al., 05-cv-1009, Treadwell v. Ameriquest Mortg. Co. et al., 05-cv-1078, Key v. Ameriquest Mortg. Co. et at., 05-cv-1077, Wertepny v. Ameriquest Mortg. Co. et at., 05-cv-1402, Harris v. Ameriquest Mortg. Co. et al., 05-cv-4025, Mills v. Ameriquest Mortg. Co. et al., 05-cv-3976 and, Pintsak v. Ameriquest Mortg. Co. et at., 05-cv-5035. Barboza, et al. v. Ameriquest Mortg. Co., 06 cv 3125, Olynciw, et at. v. Ameriquest Mortg. Co., 06 cv 2467, Cue, et at. v. Ameriquest Mortg. Co., 06 cv 2468, Sullivan, et al. v. Ameriquest Mortg. Co., 06 cv 2471, Greene, et al. v. Ameriquest Mortg. Co., 06 cv 1733, Osten, et at. v. Ameriquest Mortg. Co., 06 cv 4032, Steinmiller v. Ameriquest Mortg. Co., 06 cv 2469, Sweeten v. Argent Mortg. Co., LLC, 06 cv 2470, Robinson v. Argent Mortg. Co., LLC, 06 cv 3126, Cadette v. Ameriquest Mortg. Co., 06 cv 6753, Vega v. Ameriquest Mortg. Co., 06 cv 129, Hess v. Ameriquest Mortg.Co. 08 cv 01858 Wairod V. Ameriquest Morg. Co. 08 cv 00742, and Young v. Ameriquest Mortg. Co. 08 cv 00741 MOTION TO STRIKE CERTAIN OPT-OUT PLAINTIFFS' SUMMARY JUDGMENT MOTION I. INTRODUCTION For the second time, a small group of plaintiffs filed a consolidated Motion for Summary Judgment (the "Motion") (Dkts. 3170, 3171 and 3172) with the obvious strategy of attempting to gain an advantage at the upcoming mediation of the opt-out claims. (Exs. 1 and 2, Dkts. 2933 1 BN 4645953v3 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS MDL No. 1715 Lead Case No. 05-cv-07097 (Centralized before The Honorable Marvin E. Aspen) Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 1 of 92 and 3077, respectively). Once again, the Motion is improper and requires an analysis of numerous individual factual issues and only applies to a relatively small number of opt-out plaintiffs, 39 of approximately 1600. As the Court explained the last time the same motion was filed by 15 Opt-Out Plaintiffs, Opt-Out Plaintiffs are "limited to filing summary judgment motions based on purely legal, global issues only." (Ex. 3, Dkt. 2553 (12/12/08 Minute Order; Ex. 4, Transcript of 12/19/08 Hearing at 16: 1-24, 18:2-7)). At that time the Court granted the Opt-Out Plaintiffs 45 days to reevaluate whether to re-file virtually the same Motion and until earlier this week, the Motion was seemingly dropped. Accordingly, Defendants withdrew their deposition notices and accompanying document requests directed at the factual predicates for the Motion. In September 2009 all of the parties, including the Opt-Out Plaintiffs, agreed to a scheduling order and agreed to limit discovery to an informal exchange of documents to facilitate mediation. (Ex. 2, Dkt. 3077, Joint Discovery Plan and Proposed Scheduling Order). The small number of Opt-Out Plaintiffs who filed the Motion have ignored the Court's admonitions to (1) file "summary judgments based on purely legal, global issues only", (2) to "file all such motions jointly" after all Opt-Out Plaintiffs "coordinate among themselves" and (3) that "if a particular motion is filed prematurely, it shall be denied." (Ex. 3, Dkt. 2553). Because the Motion ignores the Court's explicit directions and the parties' recent agreement to defer discovery pending mediation, it should be stricken. The parties can then concentrate on global mediation efforts versus full-scale litigation, including extensive discovery, involving a select few Plaintiffs. II. THE MOTION CONTRAVENES THE PARTIES' RECENT AGREEMENT FOR LIMITED DISCOVERY FOLLOWED BY MEDIATION Following the Court's direction, all parties agreed to limit discovery to exchanging certain documents and information in advance of the mediation. (See Exs. 1 and 2, Dkts. 2933 and 3077, respectively). The limited discovery contemplated by the agreement is still proceeding. Only 4 of the 39 plaintiffs who are moving parties have produced even the limited discovery agreed to in advance of the mediation. BN 4645953v3 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 2 of 92 Motions for summary judgment in advance of the mediation were not contemplated by the parties' agreed upon scheduling order and the time to renew the prior motion, within 45 days of December 12, 2008, has long passed. Id. In light of the parties' agreement to proceed in an orderly manner in an effort to resolve the outstanding issues at mediation, the filing of this Motion is perplexing and is a wholesale abandonment of the agreement just negotiated by all of the parties, not just the ones admittedly attempting to gain an advantage by the filing of this Motion. This free-for-all behavior should not be supported because it will quickly result in a chaotic series of motions as all parties attempt to gain an advantage before mediation. III. THE MOTION IS IMPROPER BECAUSE IT IS NOT PURELY LEGAL AND WILL REQUIRE SIGNIFICANT DISCOVERY By their motion the 39 Opt-Out Plaintiffs at issue seek rescissionary relief and damages based on TILA. (Dkt. 3170). In order to have a meritorous claim, each must prove that there is no disputed issue of fact concerning a number of elements. Without the benefit of hardly any discovery and on a few days notice, Defendants are able to demonstrate that these Opt-Out Plaintiffs are typically unable to prevail on their claims. Once allowed, additional discovery will undoubtedly yield additional plaintiff-specific defenses. A. The Elements Of A TILA Claim For Rescission Require An In-Depth Case By Case Factual Inquiry 1. Rescission Is An Equitable Remedy Requiring An Individual Analysis The Seventh Circuit and this Court recently analyzed rescission requests pursuant to TILA. Andrews v. Chevy Chase Bank, 545 F.3d 570, 574 (7th Cir. 2008); (Dkt. 2412). Individual factually-based controversies typically erupt "because 'the equitable nature of rescission generally entitles the affected creditor to judicial consideration of the individual circumstances of the particular transaction." Id. quoting McKenna v. First Horizon Home Loan Corp., 475 F.3d 418, 427 fn. 6 (1st Cir. 2007). An individual factual analysis is especially necessary in circumstances such as matter at bar, whereby many of the Opt-Out Plaintiffs seeks BN 4645953v3 3 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 3 of 92 to void a security interest despite having paid off their Ameriquest mortgage, without any assurance of returning Defendants to the status quo ante. In fact, TILA provides for that individual factual analysis. 15 U.S.C. § 1635(b) ("The procedures prescribed by this subsection shall apply except when otherwise ordered by a court."); See also In Re Cox, 162 B.R. 191 (Bkrtcy. C.D. 111. 1993) (denying rescission under TILA because under circumstances, it would be inequitable to leave lender unsecured for TILA violation); Andrews, supra, ( 1635(b) suggests "that the remedy must proceed on a case by case basis"). The case by case analysis may result in rescission being denied. See In Re Cox, 162 B.R. 191, 197 (Bkrtcy. C.D. 111. 1993) (describing a plaintiff's request to void a mortgage and obtain a refund while discharging the debt as one based on "greed and manipulation"); In Re Pitre, 11 B.R. 777, 780 (Bkrtcy. N.D. 111. 1981) (denying rescission because plaintiff unable to repay loan); Am. Mortgage Network, Inc. v. Shelton, 486 F.3d 815, 820 (4th Cir. 2007) (upholding denial of rescission in inequitable circumstance). 2. Plaintiffs' Omissions In Bankruptcy Filings And The Doctrine Of Judicial Estoppel Exemplifies The Necessity Of A Case By Case Factual Analysis Exemplifying why an individual analysis is required, at least nine of the Plaintiffs will be estopped from pursuing their claims because they either intentionally omitted their claims in bankruptcy proceedings or asserted the claim was valued at $1000 to $3700 despite their current allegedly undisputed claims for significantly more money.1 Cannon-Stokes v. Potter, 453 F.3d 446, 448 (7th Cir. 2006) (applying judicial estoppel for failure to disclose claim in bankruptcy). If the Motion is not stricken, discovery should be allowed to determine whether rescission is appropriate and under what circumstances. 1 See Ex. 5 (plaintiffs Ruth Kobialka and Edward Kobialka -- debts discharged in Chapter 7 without disclosure of claim); Ex. 6 (plaintiffs Nelson and Melida Jiminez - failure to disclose claim for bankruptcy petition filed on December 31, 2008); Ex. 7 (plaintiff Kenneth Sweeten - Chapter 7 bankruptcy filed on 9/30/09 disclosing claim value of $3766.96 and claiming exemption for that amount); Ex. 8, Drucie Bathin (not disclosed in Chapter 7 Petition filed on June 17, 2009 and subsequently discharged); Ex. 9, Denise Hack and Richard Hack (failure to disclose despite rescission before discharge); Ex. 10, David Sullivan (Chapter 7 filed on January 12, 2009 identifying claim as "possible class action" valued at $1000 and claimed exempt from creditors because under the threshold amount and subsequently discharge granted). Discovery is sought to confirm the above. 4 BN 4645953v3 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 4 of 92 BN 4645953v3 An Individual Analysis Is Necessary To Determine Whether Plaintiffs' Claims Are Covered By TILA Plaintiffs typically provide affidavits to attempt to show that their loans fall within TILA. However, even though practically no discovery has taken place with respect to the 39 Plaintiffs as issue, there are a number of instances where the applicability of TILA will be the subject of debate. For example, some of the loans may not have been used for a consumer purpose and are therefore, not covered by TILA. 15 U.S.C. § 1603(1). Plaintiff Salazar states that the loan proceeds were for "business debts that I owed." Ex. 11. Plaintiff Harris had a hair salon at the subject property. Ex. 12. Plaintiff Wertepny operated a machine shop at the property. Ex. 13. Although Plaintiffs all make the rote allegation that the residence was their "primary residence," similar litigants have been discovered to have been using the property as rental property or otherwise not as their "primary residence" thereby denying the remedy of rescission under TILA. 15 U.S.C. §1635(a). An Individual Analysis Is Necessary To Determine Whether Plaintiffs' Rescission Claims Are Timely A demand for rescission must be made before the subject property was sold or otherwise transferred and within three years of the loan closing. 15 U.S.C. § 1635(f). Accordingly, each transaction must be analyzed to determine whether the rescission demand was timely. Nine of the moving parties' TILA claims should be dismissed or at least further discovery allowed because the claims appear to be beyond the three-year deadline.2 2See e.g. Avalon and Selma Cadette (Dkt 3172-11 at ¶ 7u., rescission demand dated August 2, 2006 over three years after July 17, 2002 loan closing); Ismael Vega (Dkt 3172-11 at ¶ 7w, August 2, 2006 rescission letter over three years after May 23, 2003). Similarly, an untimely rescission demand seems to be the case for Robert and Melissa Hess, James and Theresa Walrod, and Bryan and Jill Young. Whereas the Motion alleges the other plaintiffs timely filed rescission notices, no such allegation is made for the aforementioned plaintiffs. Oddly, the Motion does not attach any rescission notices so it not possible to confirm the deficiencies based on the Motion. This is especially interesting because with respect to the aforementioned six plaintiffs, the citation for the alleged rescission letter bears no relation to a rescission letter. See Motion at ¶260 citing to Appendix 83, ¶269 citing to Appendix 84, and ¶275 citing to Appendix 85. 5 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 5 of 92 BN 4645953v3 An Individual Analysis Is Necessary To Determine Whether Rescission Was Appropriately Demanded Discovery should also be allowed to determine whether rescission was appropriately demanded. For example, although rescission by the obligor is contemplated and is alleged in the Motion at ¶250 for plaintiff Ruth Kobialka's loan, she apparently died seven months before the rescission letter was sent. See Ex. 14; 15 U.S.C. § 1635(b). It is also necessary to determine who owned the property at the time of rescission because if ownership had passed, the rescission demand was untimely for that reason as well. 15 u.s.C. §1635(f). An Individual Analysis Is Necessary To Determine Who Has Standing To Bring Certain Plaintiffs' Claims Two of the parties seeking summary judgment are apparently deceased and there is no mention of who is participating in the litigation on their behalf. See Motion at ¶1246-251 regarding Edward and Ruth Kobialka. No affidavit or other evidence has been submitted in support of their motion for summary judgment to show that their claims are encompassed by TWA. Discovery is necessary to determine who is pursuing these claims on their behalf, if anyone. An Individual Analysis Is Necessary To Determine Whether Plaintiffs Are Barred From Asserting Certain Claims Some of the Opt-Out Plaintiffs at issue were the subject of foreclosure proceedings with Ameriquest that resulted in a judgment. Ex. 9 (page 20 of 26). Individual analysis will be necessary to determine whether certain Plaintiffs' claims are barred by res judicata. B. The Motion Requires A Significant Amount Of Discovery And Is Premature At This Stage Of The Litigation Unless the Motion is stricken, Defendants will need to obtain discovery on all of the aforementioned subjects as to each of the 39 Opt-Out Plaintiffs, but can only do so after the 6 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 6 of 92 parties' stipulated agreement limiting discovery has been teiiiiinated. Until Defendants have sufficient time to complete discovery, the Motion is premature. Fed. R. Civ. P. 56(f). IV. CONCLUSION The Motion is improper and should be stricken because it contravenes the Court's prior directives to limit motions for summary judgment to purely legal and global issues and to file such motions on behalf of all Opt-Out Plaintiffs jointly. Moreover, it is in contravention of the parties' agreement and proposed scheduling order designed to facilitate an orderly process leading to a mediation of the claims of all of the 1600 Opt-Out Plaintiffs. DATED: October 23, 2009 Respectfully submitted, By: Is! Randall L. Manvitz Attorneys for Ameriquest Mortgage Company, et al. Randall L. Manvitz (admitted pro hac vice) BUCHALTER NEMER 333 Market Street, Suite 2500 San Francisco, CA 94105 Telephone: (415) 760-0900 FacsimileS (415) 227-0070 BN 4645953v3 7 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 7 of 92 BN 4645953v3 CERTIFICATE OF SERVICE I, Randall L. Manvitz, hereby certify that on this 23nd day of October 2009, a true and correct copy of the foregoing document was filed electronically. Notice of this filing will be sent by electronic mail to all counsel of record by operation of the Court's electronic filing system. Parties may access this filing through the Court's system. By: /5/ Randall L. Manvitz 8 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 8 of 92 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 9 of 92 Case 1 :05-cv-07097 Document 2933 Filed 07/08/2009 Page 1 of 2 N RE AMERIQUEST MORTGAGE CO. MORTGAGE LENDING PRACTICES LITIGATION THIS DOCUMENT RELATES TO ALL ACTIONS WRQPøSEI ORDER Counsel for Defendants and Opt-Out Plaintiffs having so stipulated, and the Court having considered the Stipulation, IT IS ORDERED that: The existing deadlines for the designation of affirmative experts, designation of rebuttal experts, completion of fact and expert discovery, and filing of motions for summary judgment, or partial summary judgment, with respect to any Opt-Out Complaint or related Third-Party Complaint are stricken. 2. As soon as reasonably practicable following the Court's ruling on the forthcoming motion to dismiss the Fifth Amended ThirdParty Complaint, the Ameriquest Defendants, the Third-Party Defendants, and the Servicers shall schedule and participate in a mediation session with Judge O'Connell. Thereafter, as soon as reasonably practicable, the Ameriquest Defendants, Third-Party Defendants, Servicers, and the Opt-Out Plaintiffs shall schedule and participate in a mediation session with Judge O'Connell. 2418335v1 7/8/2009 10:20:08AM IN THE UNiTED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS MDL No. 1715 Lead Case No. 05-cv-07097 (Centralized before The Honorable Marvin B. Aspen) Magistrate Judge Morton Denlow 63 12.002 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 10 of 92 Case 1 :05-cv-07097 Document 2933 Filed C /ai009 Page 2 of 2 At the request of each Third Party Defendant (which request must be made produce to each Third Party Defendant the particular loan files related to claims against it. Each Third Party Defendant shall produce to Third Party Plaintiffs documents related to claims asserted against the Third Party Defendants. The above-referenced productions shall be made no later than sixty (60) days from the date of this Order, and must be made simultaneously at the election of either the Third-Party Plaintiffs or the Third-Party Defendants. All other discovery related to the Opt-Out Claims by any party in this case is stayed until the Rule 26(f) Conference scheduled by this Order. The parties will conduct a Rule 26(f) conference on an agreed upon date within 30 days of the date of this Order. The parties will submit a Proposed Stipulated Scheduling Order regarding the deadlines for the designation of affirmative experts, designation of rebuttal experts, completion of fact and expert discovery, and filing of motions for summary judgment, or partial summary judgment, with respect to any Opt-Out Complaint or related Third-Party Complaint within 14 days of the parties' Rule 26(f) conference. The status hearing on July 9, 2009 at 10:00 AM is stricken. IT IS SO ORDERED. The Honorable Marvin E. Aspen The Honorable Morton Denlow Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 11 of 92 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 12 of 92 Case I :05-cv-07097 Document 3077 Filed 09/02/2009 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION iN RE AMERIQUEST MORTGAGE CO. ) Lead Case No.05 C 7097 MORTGAGE LENDING PRACTICES LITIGATION ) ) MDL No. 1715 ) THIS DOCUMENT RELATES TO ALL ACTIONS ) Centralized before ) The Hon. Marvin E. Aspen JOINT DISCOVERY PLAN AND EPROPOSED1 SCHEDULING ORDER A conference of the parties was conducted pursuant to Federal Rule of Civil Procedure 26(f) and this Court's July 23, 2009 Order, and attended by (a) members of the Steering Committees for the Opt-Out Plaintiffs; (b) members of the Steering Committee for the Third-Party Defendants, including Liaison Counsel for the Third-Party Defendants; and (c) counsel for the Defendants, (collectively "Representative Counsel"). In accordance with Rule 26(f), the parties hereby submit the following Joint Discovery Plan and Proposed Scheduling Order and request that this Court enter an Order Adopting the Joint Discovery Plan and Proposed Scheduling Order. 1. Discovery. (a) Each Opt-Out Plaintiffs claim centers in large part on the closing documents for the home mortgage loan which each Opt-Out Plaintiff seeks to rescind (the "Loan Documents"). The relevant Loan Documents at issue may be in the possession, custody, or control of any of the Opt-Out Plaintiff(s), the Defendant(s), andlor the Third-Party Defendant(s). In addition to the timing and protocols for the exchange of the Loan Documents between BN 43463 19v1 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 13 of 92 BN 43463 19v1 Case I :05-cv-07097 Document 3077 Filed 09/02/2009 Page 2 of 7 the Defendants and the Third-Party Defendants which are set forth in this Court's July 23, 2009 order, the parties have agreed to exchange the Loan Documents in their respective possession, custody or control. (b) With respect to each opt-out claim, each Opt-Out Plaintiff who has not already done so shall have thirty (30) days from the date of this Scheduling Order to produce to the Defendants any Loan Documents in the Opt-Out Plaintiffs possession, custody, or control. Within fourteen (14) days of receipt of an Opt-Out Plaintiffs Loan Documents, or at the time set forth in the Court's July 23, 2009 order, whichever is later, the Defendant(s) shall provide the relevant Third-Party Defendant(s) with a copy of the Opt-Out Plaintiffs Loan Documents. Within twenty-eight (28) days of receipt of an Opt-Out Plaintiffs Loan Documents from that Opt-Out Plaintiff, Defendants shall produce to each Opt-Out Plaintiff who so requests copies of the relevant Loan Documents in its possession, as well as the Loan Documents, if any, that have been produced by that time by the relevant Third-Party Defendant(s). If Defendants receive Loan Documents from the relevant Third Party Defendant(s) at a later time, they shall produce them to that Opt-Out Plaintiff within fourteen (14) days of receipt from the Third-Party Defendant(s). (The timing and protocols for the exchange of the Loan Documents between the Defendants and the Third-Party Defendants, as well as for an exchange of any agreements between the Defendants and the Third-Party Defendants which those parties believe may govern the rights and obligations at issue, is governed by this Court's July 23, 2009 Order.) In addition, within 30 days of a -2- Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 14 of 92 BN 43463 19v1 Case 1 :05-cv-07097 Document 3077 Filed 09/02/2009 Page 3 of 7 request for the same, the Defendants shall produce to the Opt-Out Plaintiffs such additional documents that the Opt-Out Plaintiffs reasonably require in order to prepare for, and participate in, the forthcoming mediation(s), provided that such documents are in Defendants' possession, custody, or control and not otherwise privileged. With respect to each Opt-Out Plaintiffs claim, within fourteen (14) days of completion of the document exchange contemplated in this Court's July 23, 2009 Order, the Third-Party Plaintiffs shall identify to each Third-Party Defendant, by Bates number, any and all contracts upon which its claim against that Third-Party Defendant is based. Within fourteen (14) days of receipt of that information, (and without conceding that the documents identified by the Defendants constitute a "contract" between the parties), the Third-Party Defendant(s) shall identify by Bates number any contract(s) or agreement(s) with the Third-Party Defendants relating to the corresponding plaintiffs or plaintiffs' loan. The exchange described in Sections (b) and (c) above and in this Court's July 23, 2009 Order shall satisfy each party's obligations under Federal Rule of Civil Procedure 26(a). No other discovery shall be conducted in this MDL proceeding with respect to Plaintiffs' opt-out claims and the corresponding Third Party claims, until the completion of mediation proceedings, as set forth in Section 2 below. 2. Mediation. As soon as practicable, after all of the following events have occurred: (i) this Court has ruled on the Third-Party Defendants' Motion to Dismiss -3- Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 15 of 92 BN 43463 19v1 Case I :05-cv-07097 Document 3077 Filed 09/02/2009 Page 4 of 7 Fifth Amended Consolidated Third-Party Complaint; (ii) at least 100 Opt-Out Plaintiffs have provided to the Defendants and the corresponding Third-Party Defendant(s) a numerical computation of the value of his or her rescission claim; (iii) the Defendant(s) have disclosed to the Third-Party Defendants the terms of any class action settlement, or the class action has been otherwise resolved; (iv) the time has passed for the Defendants to add any new Third-Party Claims; and (v) if the Third-Party Defendants' have sought leave to file a Sixth Amended Third-Party Complaint, the Court's ruling on any motion to dismiss that pleading; the parties, through their Representative Counsel, shall participate in a mediation designed to devise a procedure for settling the Opt-Out Plaintiffs' claims in a systematic way. Within twenty-one (21) days of the date of this Scheduling Order the parties, through their Representative Counsel, may provide to each other their proposal as to how such mediation should be structured. WHEREFORE, the parties request that this Court enter an Order Adopting the Joint Discovery Plan. Dated: September 2 , 2009 By: Charles M. Delbaum Attorneys for Certain Opt-Out Plaint ffs Charles M. Delbaum National Consumer Law Center 10th Floor 77 Summer Street Boston, Massachusetts 01220 (617) 266-0313 -4- Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 16 of 92 BN 43463 19v1 Case 1 :05-cv-07097 Document 3077 Filed 09/02/2009 Page 5 of 7 Dated: September 2 , 2009 By Daniel S. Bliim Attorneys for Certain Opt-Out Plaint ffs Daniel S Blinn Consumer Law Group Suite 512 35 Cold Spring Road Rocky Hill, Connecticut 06067 (860) 571-0408 Dated: September 2 , 2009 By Thomas J. Wiegand Attorneys for Argent Mortgage Company, LLC Thomas J. Wiegand Winston & Strawn LLP 35 West Wacker Drive Chicago, Illinois 60601-9703 (312) 558-5947 Dated: September 2 , 2009 By Bernard E. LeSage Attorneys for Ameriquest Mortgage Company; AMC Mortgage Services, Inc.; Town & Country Credit Corporation; Ameriquest Capital Corporation; Town & Country Title Services, Inc.; Ameriquest Mortgage Securities, Inc.; CitiFinancial Mortgage; CitiResidential Lending Inc.; Deutsche Bank National Trust Company, as Trustee; HSBC Mortgage Services Inc.; GMAC ResCap; Barclays Capital; US Bank, Litton Loan Servicing; Merrill Lynch Credit Corp.; Wells Fargo Bank, as Trustee; WMSpecialty Mortgage LLC; Countrywide; Wilshire Credit Corp.; and Bank ofNY Trust Co. Bernard E. LeSage Sarah K. Andrus Buckalter Nemer, a Professional Corporation Suite 1500 1000 Wilshire Boulevard Los Angeles, California 90017-2457 (213) 891-5230 -5- Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 17 of 92 BN 43463 19v1 Case I :05-cv-07097 Document 3077 Filed 09/02/2009 Page 6 of 7 September 2 , 2009 By David J. Chizewer Liaison Counsel for Third-Party Defendants David J. Chizewer Goldberg Kohn Bell Black Rosenbloom & Moritz, Ltd. Suite 3300 55 East Monroe Street Chicago, Illinois 60603 (312) 201-3938 IT IS SO ORDERED. -6- The Honorable Marvin E. Aspen The Honorable Morton Denlow Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 18 of 92 BN 43463 19v1 Case I :05-cv-07097 Document 3077 Filed 09/02/2009 Page 7 of 7 CERTIFICATE OF SERVICE I, Bernard E. LeSage, hereby certif' that on this 2nd day of September 2009, a true and correct copy of the foregoing document was filed electronically. Notice of this filing will be sent by electronic mail to all counsel of record by operation of the Court's electronic filing system. Parties may access this filing through the Court's system. By: Is! Bernard E. LeSage -7- Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 19 of 92 E Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 20 of 92 DOCKET ENTRY TEXT As set forth in the minute order, we grant Opt-Out Plaintiffs' Motion to Clarify (Dkt. No. 2377). We also deny Defendants' Motion to Compel as moot (Dkt. No. 2337). It is so ordered [ For further details see text below.] Page 1 of 2 Name of Assigned Judge or Magistrate Judge Marvin E. Aspen Sitting Judge if Other than Assigned Judge CASE NUMBER MDL No. 1715 Lead Case No. 05 C 7097 DATE December 12, 2008 CASE TITLE In Re: Ameriquest Mortgage Co. Ameriquest Mortgage Co., v. Northwest Title and Escrow Corp. Order Form (01/2005) Case 1 :05-cv-07097 Document 2553 Filed 12/12/2008 Page 1 of 2 United States District Court, Northern District of Illinois STATEMENT On August 22, 2008, a subset of Opt-Out Plaintiffs filed a Motion for Summary Judgment ("Furgeson Motion"), arguing that the disclosure statements provided to them by Ameriquest violated the Truth in Lending Act ("TILA"), as interpreted by the Seventh Circuit in Hamm v. Ameriquest Mortgage Corp., 506 F.3d 525 (7th Cir. 2007). (Did. Nos. 2301-03.) Shortly thereafter, a different subset of Opt-Out Plaintiffs filed a Motion for Partial Summary Judgment ("Bailey Motion"), contending that Ameriquest violated TILA by issuing them improper Notices of Right to Cancel based on the wrong Federal Reserve Board Model Form. (Did. Nos. 2332- 36.) In response to the Furgeson Motion, on August 27, 2008, Defendants filed a Motion to Compel Individual Plaintiffs to Follow This Court's November 7, 2006 Case Management Order, arguing that Opt-Out Plaintiffs could file only one consolidated summary judgment motion. (Dkt. No. 2337.) The next day, they also filed an objection to the Bailey Motion, again contending that our Case Management Order prohibits piecemeal, "test case" motion practice. (Dkt. No. 2339.) On September 19, 2008, Opt-Out Plaintiffs filed their Motion to Clarify November 7, 2006 Memorandum Opinion and Order (Did. No. 2377), asking that we clarify: (1) whether they may file only one summary judgment motion ori behalf of all Opt-Out Plaintiffs; and (2) whether discovery in all MDL Opt-Out "cases must be completed before dispositive motions may be filed." (Mot. to Clarify at 1.) We hereby grant the motion and offer the following guidance. As both parties have mentioned, the Case Management Order provides, in pertinent part, that "either or both sides may move for summary judgment on common legal issues." (11/07/06 Order at 13.) This language emphasizes, and we again stress, that we will entertain consolidated summary judgment motions "on common legal issues." (Id.) Opt-Out Plaintiffs thus are not limited to filing only a single summary judgment covering all parties and claims They are, however, limited to filing summary judgment motions based on purely legal, global issues only. We will not be resolving unique factual disputes; summary judgment motions raising factual issues are not permitted and must be filed only before the transferor court, if and when remand occurs. Because no factual issues will be addressed, Opt-Out Plaintiffs are not necessarily required to wait until the close of discovery in all individual actions before filing summary judgment motions. Nonetheless, if a particular motion Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 21 of 92 Page 2 of 2 STATEMENT is filed prematurely, it shall be denied. In addition, Opt-Out Plaintiffs must coordinate among themselves, prior to filing a summary judgment motion. Any ruling on a summary judgment motion, such as the Furgeson and Bailey Motions, will be binding on all Opt-Out Plaintiffs. Furthermore, we will not address duplicative motions that might stem from our initial ruling - each legal issue shall be addressed only once. Accordingly, it is in Opt-Out Plaintiffs' best interests to work together in developing, refming and presenting their common legal arguments and must file any such motion jointly. In light of the above, we strike the pending Furgeson and Bailey Motions, with leave to refile within 45 days. Opt-Out Plaintiffs should evaluate these motions and ensure that they present truly legal, global issues. If they wish to proceed with summary judgment, Opt-Out Plaintiffs preparing such motions - with assistance as needed from the Individual Claims Steering Committee - must coordinate with other individual plaintiffs to ensure that all common issues and affected parties are included in the motion. Any motion filed must clearly identify which Opt-Out Plaintiffs have expressly joined therein. Pursuant to Opt-Out Plaintiffs' suggestion, submitted by the plaintiffs presenting the Furgeson Motion, we grant them 45 days, or until Monday, January 26, 2009, to refile these motions. (See Dkt. No. 2367, Resp. to Def.'s Mot. to Compel at 3.) As set forth above, we grant Opt-Out Plaintiffs' Motion to Clarify (Dkt. No. 2377). We also deny Defendants' Motion to Compel as moot (Dkt. No. 2337). It is so ordered Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 22 of 92 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 23 of 92 For the Plaintiffs: For the Defendants: IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION IN RE Lead Docket No. 05 C 7097 MDL No. 1715 AMERIQUEST MORTGAGE COMPANY, Chicago, Illinois December 19, 2008 11:00 o!clock a.m. TRANSCRIPT OF PROCEEDINGS - STATUS BEFORE THE HONORABLE MARVIN E. ASPEN APPEARANCES: MR. GARY KLEIN MR. MARVIN MILLER MS. CATHLEEN COMBS MS. TARA L. GOODWIN MR. DANIEL MARK HARRIS MR. ANTHONY VALACH MR. TERRY A. SMILJANICH MS. RACHEL GEMAN, by phone MS. SHENNAN KAVANAGH, by phone MR. BERNARD E. LeSAGE MS. LAURIE S. FULTON MS. STEPHANIE M. ZIMDAHL MR. WILLIAM R. BROWN MS. CATHLEEN M. COMBS MS. TARA L. GOODWIN MR. KEITH R. VERGES MR. DANIEL MARK HARRIS MR. ANTHONY VALACH MR. WILLIAM SPIELBERGER MR. DONALD P. ECKLER MR. ALAN SALPETER MR. THOMAS M. CRAWFORD MR. RAM NATARAJAN MR. GERALD J. SRAMEK MS. ANNA C. SCHUMAKER MR. CHARLES S. OFSTEIN MR. STEVEN M. SANDLER MR. TERRY A. SMILJANICH MR. THOMAS J. WIEGAND MR. JOHN L. ROPIEQUET 1 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 24 of 92 APPEARANCES (Contd): * * * * * * * * * * * * * * * * * * PROCEEDINGS RECORDED BY MECHANICAL STENOGRAPHY TRANSCRIPT PRODUCED BY COMPUTER For the Defendants: MS. KATHERINE M. DONAT MR. GARY T. JANSEN MR. LEE M. WEISZ MS. LINDA B. DUBNOW MR. JAMES V. HART MR. CRAIG A. VARGA MS. KERRY D. NELSON MS. EMILY K. LASHLEY MR. GEORGE K. FLYNN MR. DAVID A. WARD Court Reporter: MR. JOSEPH RICKHOFF Official Court Reporter 219 5. Dearborn St., Suite 1232 Chicago, Illinois 60604 (312) 435-5562 1 3 4 5 6 7 8 9 10 11 12 1 3 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 25 of 92 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 THE COURT: But the intent was still to try to settle those cases; is that correct? MS. COMBS: We hope so. THE COURT: Am I missing something? MS. GOODWIN: Well, your Honor gave us 45 days to refile our summary judgment motion and have everyone else join, and we're trying to get clarification on what procedure you want us to use for the other people who join us. THE COURT: I am not going to rule on 169 summary judgment motions. You can file what you want. I am not even going to brief it at this point, if you want to file motions. I am going to rule on any global motions -- MS. GOODWIN: That's what we're talking about. THE COURT: -- that you file. Motions that are going to -- any motion that will impact all the cases. I am not going to look at individual fact differences that may relate to the individual cases. So, if you can file one global motion, that is fine, and I will look at it. And if I think it is helpful to resolve it in this case and if I can resolve it, I will do that. But it is not my intent to -- it defeats the whole idea of an MDL for me to take all these cases and decide individual fact- specific motions for summary judgment as to each individual case. 25 MS. COMBS: I understand your point, your Honor. 16 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 26 of 92 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17 What were talking about is one legal issue that has already been resolved by the Seventh Circuit. The only question that in order to present it, we feel we should at least make assertions on using an affidavit: The client received the disclosures, the client had a residential mortgage; and, therefore, we're entitled to, you know, summary judgment in our favor. That then raises -- we have attached factual questions, but I don't -- I don't -- think they'll be disputed. That is how we were proposing to go ahead. I don't see how you could decide the legal issue without having the factual underpinning for it, and that's all we're talking about. MR. LeSAGE: Your Honor, just to add, I'm not confused about your Court's order of December 12. I read it this morning. It addresses these two summary judgments which they're referring to right now. And you made a thorough analysis. And what they're trying to do, I think, is re-argue your rulings. I think your rulings are clear on the December 12th order. MS. GOODWIN: I think our question is: What do we submit -- you asked us to have people join our motion. What do you want us to submit on behalf of those other people? Because we've already submitted what we submitted. Do you want all those other people to have a statement of material Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 27 of 92 THE COURT: If all the people that you represent participate in a joint motion and the facts are not disputed or you anticipate that Ameriquest is going to agree to those facts, then I do not have a fact situation before me. I am not dealing with individual cases. I am dealing with a global issue, and I am perfectly happy to do that. MS. COMBS: Okay. All right. And, then, finally, with respect to discovery, it's 10 not stayed with regard to the individual opt-out actions. We 11 have been doing some limited discovery just to establish 12 ownership information so we can amend the complaint so we've 13 got the parties before you. And, then, title company 14 information. We're just trying to get the documents from the 15 title company because all of these are -- THE COURT: Yes, other than that limited -- MS. COMBS: That's all we're doing. THE COURT: -- discovery. MS. COMBS: That's all we're doing. THE COURT: Again, I think as long as we are working 21 on a process that has a good chance of resolving this case, we 22 should stay any other motions other than the ones we have 23 talked about and any other discovery other than the 24 identity-type discovery you are talking about. MR. LeSAGE: We agree, your Honor. We'll submit a25 18 1 facts or an affidavit or not, is our question. 2 3 4 5 6 7 8 9 16 17 18 19 20 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 28 of 92 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 THE COURT: It does not. MR. HARRIS: Thank you. MS. GOODWIN: And we also wanted to clarify will the January 26th status also address the opt-out plaintiffs -- or the February 26th? THE COURT: February 26th. MS. GOODWIN: Wevre hoping that it would, to keep some pressure -- THE COURT: Sure, sure. MS. GOODWIN: -- on this. THE COURT: Absolutely. MS. GOODWIN: Thank you. THE COURT: Everybody can come. (Laughter.) THE COURT: You all come. MS. GOODWIN: Okay. THE COURT: Thank you. MR. LeSAGE: Thank you, your Honor. MS. GOODWIN: Thank you, your Honor. MR. HARRIS: Thank you, your Honor. THE COURT: Thank you very much. * * * * * I certify that the foregoing is a correct transcript from the record of proceedings in the above-entitled matter. /s/ Joseph Rickhoff January 13, 2009 Official Court Reporter Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 29 of 92 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 30 of 92 Case 04-21 528 Dcc _.,,FiIed 05/18/04 Entered 05/l9/04,Q':58:O3 Desc Main (OfficlalForml)(9101)WestGroup,Rocl'ester.NY Pp I rif 9Q FORM BI United States Bankruptcy District of CONNECTICUT Court Name of Debtor (s lndtoduat. enter Last, FIrst, Mstdlo): Name of Joint Debtor (SpousaXLast, FIrst, Middle) Kobialka, Edward Kob.zalka, Ruth All Other Names used by the Debtor in the lastS years All Other Names used by the Joint Debtor in the last 6 years (include married, maiden, and trade name8): (indude roamed, maiden, and trade names): Soc. SeciTax ID. No. (it more than one, stale an): Soc. SeciTax I.D. No. (if more than one, state at): xxx-xx-9579 xxx -xx- 6259 Street Address of Debtor (No. & Street, City, State & Zip Coda>: ,. Street Address of Joint Debtor (No. & Street, City, State & Zip Code): 381 LIroyd Street c5 [ 381 LLoyd Street Newington CT 06111 ) Newington CT 06111 County of Residence or of the County of Residence or or the Principal Place of Business: Principal Place of Business: Mailing Address of Debtor (if different from street address) Mailing Address of Joint Debtor (If different from street address): SAKE SAKE Location of Principal Assets of Business Debtor (If different from street address above): NOT APPLICABLE Venue (Check any applicable box) __________ or principal assets in this District for 180 days immediately than in any other District, or partnership pending in this District. Debtor has been domiciled or has had a residence, principal place of business, preceding the date of this petition or for a longer part of such 180 dayS 0 There is a bankruptcy case concerning debtors affiliate, general partijer Type of Debtor (Chedk all boxes that apply) Chapter or Section the Petition i Chapter 7 of Bankruptcy Code Under WhIch Is Filed (Check one box) Individual(s) S Railroad N Corporation Stockbroker U Chapter 11 Chapter 13 Partnership 0 Commodity Broker S Chapter 9 Chapter 12 Other S Sec. 304- Case ancillary to foreign proceeding Nature of Debts (Check one box) Filing Fee (Check one box) in installments (Applicable to Individuals only) application for the court's consideration Is unable to pay fee except in installments. Official Form No. 3. ConsumerlNon-Business U Business 4 Chapter 11 Small Business (Check all boxes that apply) Full Filing Fee attached 0 Filing Fee to be paid Must attach signed certifying that the debtor Rule 1006(b). See Debtor is a small business as defined in 11 U.S.C. § 101 o Debtor is and elects to be considered a small business under 11 U.S.C. § 1121 (e) (Optional) StatIstical/AdmInIstratIve Information (Estimates only) O Debtor estimates that funds will be available fbr distribution to unsecired creditors. expenses THIS SPACE IS FOR COURT USE ONLY - c -- Debtor estimates that, after any exempt property is excluded and adrtinistralive paid, there will be no funds available for distribution to unsecured oreditors. Estimated Number or Creditors 1-15 16-49 50-99 100-199 OO-999 1000-over 0 U U Estimated Assets SOto $50001 to $100001 to $500,001 to $1000001 to $10,000,001 to $50,000,001 to More than $50000 $100,000 $500,000 $1 million $10 million $50 million $100 million $100 million o a U U U U sttmaW0 DeDts $0 to $50001 to $100,001 to $500,001 to $1,000,001 to $10,000,001 t $50,000 $100000 $500,000 Si million $10 million $50 million $50,000,001 to More than $100 million $100 million 0 0o a 0 a 0 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 31 of 92 Case 04-21528 Doc 3,Filed 05/18/04 Entered 05/19/04 07:58:03 Desc Main (Official Form 1) (9/01) West Group, Rochester, NY r'. p 9 çf 79L'p'et ,P Signature of Debtor (CorporatIon/Partnership) I dedare 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 tndlvidtiat Name of Debtor(s): Edward & Ruth Kobialka and Voluntary Petition (This page must be completed and filed in ever,' case) Location Where Filed: NONE Name of Debtor: Case Number: Case Number: Relationship: Date flied: Date Filed: Judge: FORM BI, Page 2 fl1 L )t ii1I Signature(s) of Debtor(s) (individual/Joint) I declare under penalty of perjury that the information provided in this petition is true and correct. [It 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 avaiable under each such chapter, and choose to proceed under chapter 7. I request relief in accordance with e cha r of title 11 United tef Si Of olnt Debtor Telephone Minter (It not represented by attorney) Exhibit A (To be completed if debtor is required to tile periodic reports (e.g., forms 101< and 1OQ) with teb 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) 0 Exhibit A is attached and made a part of this petition Exhibit B (To be completed If debtor is an individual whose debts are primaily 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 or 13 of title 11, United States Code, and have expIaine.,jjef ave der each Such chanter x Signature of Attorney for Debtor(s) Date Exhibit C Does the debtor own or have possession of any property that poses or is alleged to propose a threat of Imminent and Identifiable harm to public health and safety? D Yes, and exhibit C Is attached and made a part of this petition. No SIgnature of Non-Attorney Petition Preparer I certify that I am a bankruptcy petition preparer as defined In 11 U.S.C. § 110, that I prepared this document for compensation, and that I have provided the debtor with a copy of this document Printed Name at Bankruptcy Petttlon Preparer Address Names and Social Security numbers of all other individuals who prepared or assisted In preparing this document: if more than one person prepared this document, attach additional sheets conforming to the appropriate official form for each person. Date T;tte at Authorized Individual A bankruptcy petition preparer's failure to comply with the provisions Date 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. § 158. Social Seirity Nuriter NONE Distiict Lee N. Johnson ct06087 Pflnted Name of Attorney for Debtor(s) Law Offices of Lee N. Johnson Firm Name 350 Silas Deane Hiqhwav Address Wethers field CT 06109 860-563-7510 Telephone Nurrter Date Date Signature of Attorney Signature o(Attomey tpr Debtor(s Printed Name of Authorized lndMdual Signature of Bankruptcy Petition Preparer Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 32 of 92 Doc 3,._\Filed 05/18/04 Entered 05/19/04 07:58:03 Desc Main Document Page 4 of 29 I declare under penalty of peijury that I have read the foregoing summary and schedules, consisting of 17 sheets, and that they are true and correct to the best of my knowledge, information and belief. Date: -Or DECLARATION CONCERNING DEBTOR'S SCHEDULES DECLARATION UNDER PENALTY OF PERJURY BY AN INDIVIDUAL DEBTOR Signature Date: Signa In re Edward & Ruth lebialka and / Debtor Case No. (If known) Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 33 of 92 FORM 868 (IOI8J21c&2ê. NYDOC 3,-.,.FiIed 05/18/04 Entered 05/19/04 Z:58:03 Desc Main Document Page 6 of 29 in re Edward & Ruth ICobialka and Ruth Kobialka / Debtor Case No. Page j.. of ....L. SCHEDULE B-PERSONAL PROPERTY Except as directed below, list all personal property of the debtor ofwhatever kind, lithe debtor has no property in one or more of the categories, place an"X in the appropriate position in the column labeled "None." If additionalspace is needed In any categoly, attach a separate sheet properly identified withthe case name, case number, and the number of the category. If the debtor is married, state whether husband, wile, or both own 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 ofany exemptions claimed only in Schedule C-Property Claimed as Exempt Do not list interests in executory contracts and unexpired leaseson this schedule. List them in Schedule G-Executory Contracts and Unexpired Leases.If the property is being held for the debtor bysomeone else, state that person's name and address under "Description and Location of Property." (if known) Type of Property N e Description and Location of Property Current Market Value of Debtor's Interest, in Property Without Deducting any Secured Claim or Exemption HusbandH wlfe.-w JoInI-J Community-c 1. Cash on hand. 2. Checking, .avingsoroth.rflnanclal accounts,c.rtlftcatssuldeposlt,or In banks, savings and loan, thrift, building and loan, and homestead assocIatIons, or cradit unions, brokerage houses, or cooperatives. 3. Security deposits with public util Was, telephone companies, landlords, and other,, 4. Houa.hcldgoodaandfurnishlngs, Including audio, video, and computer 5. Books, picture. and other art objects, antiques, stamp, coin, record, tape, compact disc, and other collections or collectIbles. 6 W. rtega.rel. 7. FuraandJew.lry. 8. FIrearms and sports, photographic, slid other hobby equipment. 9. luturests In Insurance polIclas. N*m. Insurance company of each policy and Itemise suimnd.r or refund value of each. 10. AnnultIs. Itemize and name each Issuer. 11.IntsrsatelnigAERl8AKuogh.orother pension or profit sharing pisni. ItemIse. I K X .X I X Savings account Location: In debtor s possession Home computer Location: In debtor's possession misc household goods Location: in debtor's possession misc clothing Location: In debtor's possession aiisc jewelry Location: In debtor's possession Pension tram previous employment ($432.00 Monthly) Location: In debtor's possession iT .r '7 .?l $ 72.20 $ 950.00 $ 2,000.00 $ 1,500.00 $ 2,000.00 $ 43200 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 34 of 92 FORM B6B (1OiS@44&, NYDOC 3,Fi1ed 05/18/04 Entered 05/19/04 :58:03 Desc Main Document Page 7 of 29 In re Edward & Ruth Koblalka and Ruth .Kobialka I Debtor Case No. Page _j... of SCHEDULE 8-PERSONAL PROPERTY (Continuation Sheet) (if known) Typo of Property N o n B Description and Location of Property Current Market In PrOrierty Without Deducting any Secured Claim or Exemption husband-Il Wlfe-W JolntJ CommunityC 12. Stock Cnd Interests in Incorporated and isincorporst.d bud . Itifliza. 13. Interests in partnerships or Joint ventures. lt.mlz.. 14. Govennant asd corporste bonds and other negotiable and non-negotiable Insirumente. 15. Accounts Receivable. 16. Alimony, mIntenance, support, and property settlements to which the debtor is or maybe entiCed. Give particulars. 17. Other liquidated debts owing debtor Include tax refunds, (3be particulars. 18. Equitable or future Interests, life Dtatee, and rights or powers exercisable for the benefit of the debtor other than those listed In Schedul. of Real Property. 16. ContIngent and non-contingent Interests In estate of s decedent, death benefit X X X X X X X X clan, lit. insurance n.,ifr,,.,.-fn,ê 20. Other contingent and unliquldated claims of every nature, including tax refunds, counterclaIms of the debtor, and rightS to astoff ctelms. Give estimated value of each. X 21. Patents, copyrIghts, and other intellectual property. Giv, particulars. 22. LicenaSs, franchises, and other general intangibles. Give particulars. 23.Automobtles,trucka,trsflerssndolh.r 24. Boats, motors, and .ccessorlea. 25. Alrcsrft sud accessories. 26. OffIc, equipment, furnishings, wid supplies. 27. MachInery, fixtures, equipment and supplies used in bustness. 28. Inventory. 28. Animals X X X X X X X X 1.995 Chrysler Cirrus Location: Zn debtor's possession $ 2,500.00 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 35 of 92 FORM B68 NYDOC 3,.FiIed 05/18/04 Entered 05/19/04 Z58:03 Desc Main Document Page 8 of 29 In re Edward & Ruth Kobialka and Ruth Kobialka I Debtor Case No. (Report total also on Summary of Schedules.) Pnciud amounts from any continuation sheets attached. (if knowni SCHEDULE B-PERSONAL PROPERTY (Continuation Sheet) Type of Property N 0 e Description and Location of Property Current Market Value of Debtors interest, in Property Without Deducting any Secured Claim or Exemption HusbandH wii.--w JointJ CommunityC 30. Crops . growing or harveatd. G1v parilculirs. 31. Farming equipment and implements. 32. Farm supplies, ch.mlcal, and feed. 33. Other personal properly of any kind not Cimady listed. Itemize. X X X X Pane 3 of 3 Total +' $ 9,454.20 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 36 of 92 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 37 of 92 United States Bankruptcy Court Northern District of Illinois I Voluntary Petition I Name of Debtor (if individual, enter Last, First, Middle): Jimenez, Melinda Q. Name of Joint Debtor (Spouse) (Last, First, Middle): All Other Names used by the Debtor in the last 8 years (include married, maiden, and trade names): 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 ID. (ITIN) No/Complete EIN (if more than one, state all) xxx-xx-0173 Last four digits of Soc. Sec. or Individual-Taxpayer I.D. (ITIN) No/Complete EIN (if more than one, state all) Street Address of Debtor (No. and Street, City, and 270 Lilac Drive Romeoville, IL State): ZIP Code Street Address of Joint Debtor (No. and Street, City, and State): ZIP Code I 60446 I County of Residence or of the Principal Place of Business: Will County of Residence or of the Principal Place of Business: Mailing Address of Debtor (if different from street address): ZIP Code Mailing Address of Joint Debtor (if different from street address): ZIP Code Location of Principal Assets of Business Debtor (if different from street address above): Type of Debtor (Form of Organization) (Check one box) Individual (includes Joint Debtors) See Exhibit D on page 2 of this form. o Corporation (includes LLC and LLP) o Partnership o Other (If debtor is not one of the above entities, check this box and state type of entity below.) Nature of Business (Check one box) U Health Care Business o Single Asset Real Estate as defined in 11 U.S.C. § 101 (51B) 0 Railroad 0 Stockbroker o Commodity Broker 0 Clearing Bank 0 Other Chapter of Bankruptcy Code Under Which the Petition is Filed (Check one box) Chapter 7 U Chapter 9 U Chapter 15 Petition for Recognition U Chapter 11 of a Foreign Main Proceeding 0 Chapter 12 0 Chapter 15 Petition for Recognition 0 Chapter 13 of a Foreign Nonmain Proceeding Nature of Debts (Check one box) Debts are primarily consumer debts, 0 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." Tax-Exempt Entity (Check box, if applicable) o Debtor is a tax-exempt organization under Title 26 of the United States Code (the Internal Revenue Code). Fifing Fee (Check one box) Full Filing Fee attached IJ Filing Fee lobe 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. o Filing Fee waiver requested (applicable to chapter 7 individuals only). Must attach signed application for the court's consideration. See Official Form 3B. Check one box: Chapter 11 Debtors 0 Debtor is a small business debtor as defined in 11 U.S.C. § 10 1(5 lD). o Debtor is not a small business debtor as defmed in 11 U.S.C. § 101(5 1D). Check if: U Debtor's aggregate noncontingent liquidated debts (excluding debts owed to insiders or affiliates) are less than $2,190,000. Check all applicable boxes: 0 A plan is being filed with this petition. o Acceptances of the plan were solicited prepetition from one or more classes of creditors, in accordance with 11 U.S.C. § 1126(b). Statistical/Administrative Information o 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. THIS SPACE IS FOR COURT USE ONLY Estimated Number of Creditors 0 0 0 U U 0 0 U 0 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 o o 0 0 0 0 0 0 SI to $50,001 to $105,001 ta $500,001 $1,000,001 $10,000,001 $50,000,001 StOO,000,001 $500,000,001 Mere than S55,000 $100,055 $500,000 loSt to $10 to $50 to $100 to $500 to St bittion St billion million million miltion million million Estimated Liabilities 0 0 0 0 0 0 0 0 0 $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 tban $50,000 $100,000 $500,000 to 51 to $10 to $50 to $100 to $500 to St billion 51 billion million million million mittion million Case 08-07519 Doc I Filed 03/28/08 Entered 03/28/08 16:38:12 Desc Main 3/28/08 4:36PM 1(V Document Page 1 of 41 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 38 of 92 Voluntary Petition (This page must be completed andfiled in every case) Name of Debtor(s): Jimenez, Melinda Q. All Prior Bankruptcy Cases Filed Within Last 8 Years (If more than two, attach additional sheet) Location Where Filed: - None - Case Number: Date Filed: Location Where Filed: Case Number: Date Filed: Pending Bankruptcy Case Filed by any Spouse, Partner, or Affiliate of this Debtor (If more than one, attach additional sheet) Name of Debtor: - None - 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 1 0Q) 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.) O Exhibit A is attached and made a part of this petition. 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 Is! John C. Renzi - March 28, 2008 Signature of Attorney for Debtor(s) (Date) John C. Renzi - #03124627 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 hann topublic health or safety? 0 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: O 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. O There is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this District. O 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) O Landlord has a judgment against the debtor for possession of debtor's residence. (If box checked, complete the following.) debtor would be permitted to cure possession was entered, and during the 30-day period (Name of landlord that obtained judgment) (Address of landlord) O Debtor claims that under applicable nonbankruptcy law, there are circumstances under which the the entire monetary default that gave rise to the judgment for possession, after the judgment for O Debtor has included in this petition the deposit with the court of any rent that would become due after the filing of the petition. O Debtor certifies that he/she has served the Landlord with this certification. (11 U.S.C. § 362(1)). Case 08-07519 Doc I Filed 03/28/08 Entered 03/28/08 16:38:12 Desc Main Bi (Official Form 1)(1/08 Document Page 2 of 41 3/28/08 4:36PM Paae 2 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 39 of 92 Case 08-07519 Doc I Bi (Official Form 1)(1/08) Filed 03/28/08 Entered 03/28/08 16:38:12 Desc Main Document Page 3 of 41 3/28/08 4:36PM Voluntary Petition (This page must be completed and filed in evely case) x 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] 1 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 Is! Melinda Q. Jimenez Signature of Debtor Melinda Q. Jimenez Telephone Number (If not represented by attorney) March 28, 2008 Date Signature of Attorney* Sign X Is/John C. Renzi- Address (815) 725-8000 Fax: (815)725-6126 Telephone Number March 28, 2008 Signature of Attorney for Debtor(s) John C. Renzi - #03124627 Printed Name of Attorney for Debtor(s) JUNE, PRODEHL & RENZI - #031 24627 Firm Name 1861 Black Road Joliet, IL 60435 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 Page 3 Name of Debtor(s): Jimenez, Melinda Q. atures x 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.) o 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 O Pursuant to 11 U.S .C. § 1511, I request relief in accordance with the chapter of titie 11 specified in this petition. A certified copy of the order granting recognition of the foreign main proceeding is attached. Signature of Foreign Representative Printed Name of Foreign Representative Signature of Joint Debtor Date x Signature of Non-Attorney Bankruptcy Petition Preparer I declare under penalty of perjury that: (1) lam a bankruptcy petition preparer as defined in 11 U.S.C. § 110; (2)1 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(b) 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 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 'sfailure to comply with the provisions of title 11 and the Federal Rules ofBankruptcy Procedure may result in fines or imprisonment or both 11 USC. §110; 18 U.S.C. §156. Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 40 of 92 Cash on hand 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. Security deposits with public utilities, telephone companies, landlords, and others. Household goods and furnishings, including audio, video, and computer equipment Type of Property Books, pictures and other art objects, antiques, stamp, coin, record, tape, compact disc, and other collections or collectibles. Wearing apparel. Furs and jewehy. Firearms and sports, photographic, and other hobby equipment. Interests in insurance policies. Name insurance company of each policy and itemize surrender or refund value of each. N 0 N E Cash checking (West Suburban)Uoint with Husband)(1/2 interest) Checking (Chase)(jt-Husbands account)(1/2 interest) Checking (Credit Union)(jt-H usbands account)(1/2 interest) x 6 rooms of furniture and appliances averaging in excess 7 years of age (1/2 interest) Debtor SCHEDULE B - PERSONAL PROPERTY Except as directed below, list all personal property of the debtor of whatever kind. If the debtor has no property in one or more ofthe 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 orguardian, 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). Description and Location of Property Misc. CD & DVD Necessary wearing apparel Wedding rings and misc. jewelry x Life insurance (term) Husband, Current Value of Wife, Debtor's Interest in Property, Joint, or without Deducting any Community Secured Claim or Exemption 35.00 115.00 75.00 75.00 625.00 45.00 225.00 850.00 0.00 Sub-Total> 2,045.00 (Total of this page) _...._ continuation sheets attached to the Schedule of Personal Property Copyright (c) 1996-2007 - Best Case Solutions - Evanston, IL - (800) 492-8037 Best Case Bankwptcy Case 08-07519 Doc I Filed 03/28/08 Entered 03/28/08 16:38:12 Desc Main 3/28/08 4:36PM Document Page 9 of 41 B6B (Official Form 6B) (12/07) In re Melinda Q. Jimenez Case No. 10. Annuities. Itemize and name each Spousal Interest (Husbands retirement)(marital Unknown issuer. interest)(surviving spouse) Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 41 of 92 Type of Property N 0 N E Debtor SCHEDULE B - PERSONAL PROPERTY (Continuation Sheet) Description and Location of Property Husband, Current Value of Wife, Debtors Interest in Property, Joint, or without Deducting any Community Secured Claim or Exemption Other contingent and unliquidated X claims of eveiy nature, including tax refunds, counterclaims of the debtor, and rights to setoff claims. Give estimated value of each. Sub-Total> (Total of this page) Sheet I of 2 continuation sheets attached to the Schedule of Personal Property Copyright (c) 1996-2007 - Best Case Solutions - Evanston, IL - (800) 492-8037 1,100.00 Best Case Bankruptcy Case 08-07519 Doc I Filed 03/28/08 Entered 03/28/08 16:38:12 Desc Main 3/28/08 4:36PM Document Page 10 of 41 B6B (Official Form 6B) (12/07) - Cont. In re Melinda Q. Jimenez Case No. Interests in an education IRA as x 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)(l). Give particulars. (File separately the record(s) of any such interest(s). 11 U.S.C. § 521(c).) Interests in IRA, ERISA, Keogh, or X other pension or profit sharing plans. Give particulars. Stock and interests in incorporated X and unincorporated businesses. Itemize. Interests in partnerships or joint X ventures. Itemize. Government and corporate bonds X and other negotiable and nonnegotiable instruments. Accounts receivable. X Alimony, maintenance, support, and X property settlements to which the debtor is or may be entitled. Give particulars. Other liquidated debts owed to debtor tax refund(1/2) 1,100.00 including tax refunds. Give particulars. Equitable or future interests, life X estates, and rights or powers exercisable for the benefit of the debtor other than those listed in Schedule A - Real Property. Contingent and noncontingent x interests in estate of a decedent, death benefit plan, life insurance policy, or trust. Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 42 of 92 Case 08-35674 Doc I Filed 12/31/08 Entered 12/31/08 10:59:34 Desc Main Document Page 1 of 45 United States Bankruptcy Court Northern District of Illinois I Voluntary Petition I Name of Debtor (if individual, enter Last, First, Middle): Jimenez, Nelson M Name of Joint Debtor (Spouse) (Last, First, Middle): All Other Names used by the Debtor in the last 8 years (include married, maiden, and trade names): 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 ID. (ITIN) NoiComplete EIN (if more than one, state all) xxx-xx-6752 Last four digits of Soc. Sec. or Individual-Taxpayer ID. (ITIN) No/Complete EIN (if more than one, state all) Street Address of Debtor (No. and Street, City, and 270 Lilac Drive Romeoville, IL State): ZIP Code Street Address of Joint Debtor (No. and Street, City, and State): ZIP Code I 60446 I County of Residence or of the Principal Place of Business: Will County of Residence or of the Principal Place of Business: Mailing Address of Debtor (if different from street address): ZIP Code Mailing Address of Joint Debtor (if different from street address): ZIP Code Location of Principal Assets of Business Debtor (if different from street address above): Type of Debtor (Form of Organization) (Check one box) Individual (includes Joint Debtors) See Exhibit D on page 2 of titLe form. [J Corporation (includes LLC and LLP) El Partnership O Other (If debtor is not one of the above entities, check this box and slate type of entity below.) Nature of Business (Check one box) El Health Care Business O Single Asset Real Estate as defmed in 11 U.S.C. § 101 (5 1B) U Railroad U Stockbroker o Commodity Broker 0 Clearing Bank 0 Other Chapter of Bankruptcy Code Under Which the Petition is Filed (Check one box) El Chaptcr 7 El Chapter 9 El Chapter 15 Petition for Recognition 0 Chapter 11 of a Foreign Main Proceeding 0 Chapter 12 0 Chapter 15 Petition for Recognition Chapter 13 of a Foreign Nonmain Proceeding Nature of Debts (Check one box) U Debts are primarily consumer debts, El Debts are primarily defined in 11 U.S.C. § 10 1(8) as business debts. "incuned by an individual primarily for a personal, family, or household purpose. Tax-Exempt Entity (Check box, if applicable) El Debtor is a tax-exempt organization under Title 26 of the United States Code (the Intemal Revenue Code). Fifing Fee (Check one box) Full Filing Fee attached 0 Filing Fee to be paid in installments (applicable to individuals only). Must attach signed application for the court's consideration certif'ing that the debtor is unable to pay fee except in installments. Rule 1006(b). See Official Form 3A. 0 Filing Fee waiver requested (applicable to chapter 7 individuals only). Must attach signed application for the court's consideration. See Official Form 3B. Check one box: Chapter 11 Debtors U Debtor is a small business debtor as defmed in 11 U.S.C. § l01(51D). U Debtor is not a small business debtor as defmed in 11 U.S.C. § 101(5 ID). Check if: 0 Debtor's aggregate noncontingent liquidated debts (excluding debts owed to insiders or affiliates) are less than $2,190,000. Check all applicable boxes: 0 A plan is being filed with this petition. U Acceptances of the plan were solicited prepetition from one or more classes of creditors, in accordance with 11 U.S.C. § 1126(b). Statistical/Administrative Information o 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. THIS SPACE IS FOR COURT USE ONLY Estimated Number of Creditors 0 0 U El U U 0 0 0 1- 50- 100- 200- 1,000- 5,001- 16,001- 25,001- 50,001- OVER 49 99 199 999 5,000 10,000 25,000 50,000 100,000 100,000 Estimated Assets o o U 0 I] U U 0 U I] SOlo $50,051 Is $100,001 to $500,001 $1,000,001 $10,000,001 $50,000,001 $100,000,001 $500,000,001 More than S50,000 $100,000 $500,000 loSt to $10 so $50 to $100 to $500 lost billion $1 billion million million million million million Estimated Liabilities 0 U U U 0 0 U 0 0 $Olo 550,00! so $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 S500.000 loS! 10 $10 to $50 to $100 to $500 1051 billion $1 billion million million million million million Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 43 of 92 Case 08-35674 Doc I Filed 12/31/08 Entered 12/31/08 10:59:34 Desc Main Document Page 2 of 45Bi (Official Form 1)(1/08) Paee 2 Voluntary Petition (This page must be completed andfiled in every case) Name of Debtor(s): Jimenez, Nelson M AU Prior Bankruptcy Cases Filed Within Last 8 Years (If more than two, attach additional sheet) Location Where Filed: - None - Case Number: Date Filed: Location Where Filed: Case Number: Date Filed: Pending Bankruptcy Case Filed by any Spouse, Partner, or Affiliate of this Debtor (If more than one, attach additional sheet) Name of Debtor: - None - 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 1 0Q) with the Securities and Exchange Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 and is re nestin relief under cha ter 11 \ O Exhibit A is attached and made a part of this petition. 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 nottce required by 11 U.S.C. §342(b). X Is! John P. Carlin December 31, 2008 Signature of Attorney for Debtor(s) (Date) John P. Carlin 6277222 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? El 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: O 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. El There is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this District. [I 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) El Landlord has a judgment against the debtor for possession of debtor's residence. (If box checked, complete the following.) debtor would be permitted to cure possession was entered, and during the 30-day period (Name of landlord that obtained judgment) (Address of landlord) El Debtor claims that under applicable nonbankruptcy law, there are circumstances under which the the entire monetary default that gave rise to the judgment for possession, after the judgment for El Debtor has included in this petition the deposit with the court of any rent that would become due after the filing of the petition. El Debtor certifies that he/she has served the Landlord with this certification. (11 U.S.C. § 362(1)). Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 44 of 92 Case 08-35674 Doc 1 Bi (Official Form 1)(1/08) Filed 12/31/08 Entered 12/31/08 10:59:34 Desc Main Document Page 3 of 45 Voluntary Petition (This page must be completed andfiled in every case) 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 Telephone Number (If not represented by attorney) December 31, 2008 Date Sign Signature of Attorney for Debtor(s) John P. Carlin 6277222 Printed Name of Attorney for Debtor(s) Chang & Carlin, LLP Firm Name 1305 Remington Road Suite C Schaumburg, IL 60173 Address 847-843-8600 Fax: 847-843-8605 Telephone Number December 31, 2008 Signature of Attorney* X Is! John P. Carlin 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. Date 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 Page 3 Name of Debtor(s): Jimenez, Nelson M atures Signature of a Foreign Representative I declare under penalty of perjury that the information provided in this petition is true and correct, that tam the foreign representative of a debtor in a foreign proceeding, and that I am authorized to file this petition. (Check only one box.) fl 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. fl 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. Printed Name of Foreign Representative Signature of Joint Debtor Date x 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 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 'sfailure 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 USC. §156. Signature of Non-Attorney Bankruptcy Petition Preparer I declare under penalty of perjury that: (1) 1am 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. x Is! Nelson M Jimenez Signature of Debtor Nelson M Jimenez x Signature of Foreign Representative Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 45 of 92 Case 08-35674 Doc I Filed 12/31/08 Entered 12/31/08 10:59:34 Desc Main Document Page 5 of 45 B 1D(Official Form 1, Exhibit D) (12/08) - Cont. o 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.); o Disability. (Defined in ii 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.); o Active military duty in a military combat zone. 0 5. The United States trustee or bankruptcy administrator has determined that the credit counseling requirement of ii 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: Is! Nelson M Jimenez Nelson M Jimenez Date: December31, 2008 Sofiware Copyright (c) 1996-2008 Best Case Solutions - Evanston, IL -(800) 492-8037 Best Case Bankruptcy Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 46 of 92 Case 08-35674 Doc I Filed 12/31/08 Entered 12/31/08 10:59:34 Desc Main Document Page 9 of 45 B6B (Official Form 6B) (12/07) In re Nelson M Jimenez Case No. Type of Property 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. Security deposits with public utilities, telephone companies, landlords, and others. Household goods and furnishings, including audio, video, and computer equipment. Books, pictures and other art objects, antiques, stamp, coin, record, tape, compact disc, and other collections or collectibles. Wearing apparel. Furs and jewelry. Firearms and sports, photographic, and other hobby equipment. Interests in insurance policies. Name insurance company of each policy and itemize surrender or refund value of each. N 0 N E x Debtor SCHEDULE B - PERSONAL PROPERTY Except as directed below, list all personal property of the debtor of whatever kind. If the debtor has no property in one or more ofthe 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 maritalcommunity 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 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). Description and Location of Property Husband, Current Value of Wife, Debtor's Interest in Property, Joint, or without Deducting any, Community Secured Claim or Exemption Sub-Total> 4,146.00 (Total of this page) 3 continuation sheets attached to the Schedule of Personal Property Copyright (c) 1996-2008 - Beat Case Solutions - Evanston, IL -(800) 492-8037 Best Case Bankruptcy Checking account with Chase J 1,900.00 Checking Account with Loyola Employees Credit 121.00 Union Checking Account with Loyola Employees Credit J 584.00 Union Checking account with West Suburban J 376.00 Checking account with Bank of America J 65.00 x 1. Cash on hand x Houeshold Goods J 1,000.00 Wearing Apparel J 100.00 x x x Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 47 of 92 Case 08-35674 Doc I Filed 12/31/08 Entered 12/31/08 10:59:34 Desc Main Document Page 10 of 45 B6B (Official Form 6B) (12/07) - Coot. In re Nelson M Jimenez Case No. Type of Property Annuities. Itemize and name each X issuer. Interests in an education IRA as x 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).) Interests in IRA, ERISA, Keogh, or other pension or profit sharing plans. Give particulars. Stock and interests in incorporated X and unincorporated businesses. Itemize. Interests in partnerships or joint X ventures. Itemize. Government and corporate bonds X and other negotiable and nonnegotiable instruments. Accounts receivable. X Alimony, maintenance, support, and X property settlements to which the debtor is or maybe entitled. Give particulars. Other liquidated debts owed to debtor X including tax refunds. Give particulars. Debtor SCHEDULE B - PERSONAL PROPERTY (Continuation Sheet) N 0 N E Description and Location of Property Husband, Current Value of Wife, Debtor's Interest in Property, Joint, or without Deducting any Community Secured Claim or Exemption Equitable or future interests, life x estates, and rights or powers exercisable for the benefit of the debtor other than those listed in Schedule A - Real Property. Sub-Total> 0.00 (Total of this page) Sheet I of 3 continuation sheets attached to the Schedule of Personal Property Copyright (c) 1996-2008 - Best Case Solutions - Evanston, IL - (800) 492-8037 Best Case Bankruptcy Pension with State H 0.00 Contingent and noncontingent x interests in estate of a decedent, death benefit plan, life insurance policy, or trust. Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 48 of 92 Case 08-35674 Doc I Filed 12/31/08 Entered 12/31/08 10:59:34 Desc Main Document Page 11 of 45 B6B (Official Form 6B) (12/07) - Cont. In re Nelson M Jimenez Case No. Type of Property 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. Patents, copyrights, and other X intellectual property. Give particulars. Licenses, franchises, and other X general intangibles. Give particulars. Customer lists or other compilations X containing personally identifiable information (as defined in 11 U.S.C. § 101(41 A)) provided to the debtor by individuals in connection with obtaining a product or service from the debtor primarily for personal, family, or household purposes. Automobiles, trucks, trailers, and other vehicles and accessories. Boats, motors, and accessories. X Aircraft and accessories. X Office equipment, furnishings, and X supplies. Machinery, fixtures, equipment, and X supplies used in business. Inventory. X Animals. X Crops - growing or harvested. Give X particulars. Farming equipment and X implements. Farm supplies, chemicals, and feed. X N 0 N E Sheet 2 of 3 continuation sheets attached to the Schedule of Personal Property Copyiight (C) 1996-2008 - Best Case Solutions - Evanston, IL -(800) 492-8037 Best Case Bankruptcy Debtor SCHEDULE B - PERSONAL PROPERTY (Continuation Sheet) Description and Location of Property Husband, Current Value of Wife, Debtor's Interest in Property, Joint, or without Deducting any Community Secured Claim or Exemption Expecting Worker Compensation Settlement 1,300.00 $1300 is the amount of expectation 2000 Dodge Dakota 154 K Miles 1996 Dodge Intrepid 160 K Miles 2001 Chevy Cavalier lOOK Miles Sub-Total> 10,825.00 (Total of this page) H 4,665.00 H 850.00 H 4,010.00 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 49 of 92 Case 08-35674 Doc I Filed 12/31/08 Entered 12/31/08 10:59:34 Desc Main Document Page 12 of 45 B6B (Official Form 6B) (12/07) - Cont. In re Nelson M ,Jimenez Case No. N Type of Property 0N E 35. Other personal property of any kind X not already listed. Itemize. Debtor SCHEDULE B - PERSONAL PROPERTY (Continuation Sheet) Description and Location of Property Husband, Current Value of Wife, Debtor's Interest in Property, Joint, or without Deducting any Community Secured Claim or Exemption Sub-Total> 0.00 (Total of this page) Sheet 3 of 3 continuation sheets attached Total> 14,971.00 to the Schedule of Personal Property (Report also on Summary of Schedules) Copyright (c) 1996-2008 - Best Case Solutions - Evanston, IL -(800) 492-8037 Best Case flankruptcy Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 50 of 92 N Type of Property 0 Patents, copyrights, and other X intellectual property. Give particulars. Licenses, franchises, and other X general intangibles. Give particulars. Customer lists or other compilations X containing personally identifiable information (as defined in 11 U.S.C. § 101 (4 IA)) provided to the debtor by individuals in connection with obtaining a product or service from the debtor primarily for personal, family, or household purposes. Automobiles, trucks, trailers, and X other vehicles and accessories. Boats, motors, and accessories. X Aircraft and accessories. X Office equipment, furnishings, and X supplies. Machinery, fixtures, equipment, and X supplies used in business. Inventory. X Animals. X Crops - growing or harvested. Give X particulars. Farming equipment and X implements. Farm supplies, chemicals, and feed. X Other personal property of any kind (1/2) interest lawn furniture 50.00 not already listed. Itemize. Debtor SCHEDULE B - PERSONAL PROPERTY (Continuation Sheet) N E Description and Location of Property Husband, Current Value of Wife, Debtor's Interest in Property, Joint, or without Deducting any Community Secured Claim or Exemption Case 08-07519 Doc I Filed 03/28/08 Entered 03/28/08 16:38:12 Desc Main 3/28/08 4:36PM Document Page 11 of 41 B6B (Official Form 6B) (12/07) - Coot. In re Melinda Q. Jimenez Case No. Sub-Total> 50.00 (Total of this page) Sheet 2 of 2 continuation sheets attached Total> 3,195.00 to the Schedule of Personal Property (Report also on Summary of Schedules) Copyright (c) 1996-2007 - Best Case Solutions - Evanston, IL -(800) 492-8037 Best Case Bankruptcy Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 51 of 92 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 52 of 92 Case 09-32731 Doc I Filed 09/30/09 Entered 09/30/09 15:04:54 Desc Main Document Page 1 of 49 United States Bankruptcy Court District of Connecticut Voluntary Petition Name of Debtor (if individual, enter Last, First, Middle): Sweeten, Kenneth F. Jr. Name of Joint Debtor (Spouse) (Last, First, Middle): All Other Names used by the Debtor in the last 8 years (include married, maiden, and trade names): 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 ID. (ITIN) No/Complete EIN (if more than one, state all) xxx-xx-9507 Last four digits of Soc. Sec. or Individual-Taxpayer ID. (ITIN) No/Complete EN (if more than one, state all) Street Address of Debtor (No. and Street, City, and 315 Knob Hill Drive Hamden, CT State): ZIP Code Street Address of Joint Debtor (No. and Street, City, and State): ZIP Code 06518 I County of Residence or of the Principal Place of Business: New Haven County of Residence or of the Principal Place of Business: Mailing Address of Debtor (if different from street address): ZIP Code Mailing Address of Joint Debtor (if different from street address): ZIP Code Location of Principal Assets of Business Debtor (if different from street address above): Type of Debtor (Form of Organization) (Check one box) Individual (includes Joint Debtors) See Exhibit D on page 2 of this form. El Corporation (includes LLC and LLP) o Partnership El Other (If debtor is not one of the above entities, check this box and slate type of entity below.) Nature of Business (Check one box) El Health Care Business [] Single Asset Real Estate as defined in 11 U.S.C. § 101 (5lB) 0 Railroad 0 Stockbroker El Commodity Broker El Clearing Bank El Other Chapter of Bankruptcy Code Under Which the Petition is Filed (Check one box) Chapter 7 o Chapter 9 El Chapter 15 Petition for Recognition Chapter 11 of a Foreign Main Proceeding El Chapter 12 0 Chapter 15 Petition for Recognition El Chapter 13 of a Foreign Nonmain Proceeding Nature of Debts (Check one box) U Debts are primarily consumer debts, El 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." Tax-Exempt Entity (Check box, if applicable) El Debtor is a tax-exempt organization under Title 26 of the United States Code (the Intemal Revenue Code). Filing Fee (Check one box) Full Filing Fee attached El Filing Fee to be paid in installments (applicable to individuals only). Must attach signed application for the court's consideration certif,ing that the debtor is unable to pay fee except in installments. Rule 1006(b). See Official Form 3A. El Filing Fee waiver requested (applicable to chapter 7 individuals only). Must attach signed application for the court's consideration. See Official Form 3B. Check one box: Chapter 11 Debtors El Debtor is a small business debtor as defined in 11 U.S.C. § l0I(51D). El Debtor is not a small business debtor as defmed in 11 U.S.C. § 10l(5lD). Check if: 0 Debtor's aggregate noncontingent liquidated debts (excluding debts owed to insiders or affiliates) are less than $2,190,000. Check all applicable boxes: El A plan is being filed with this petition. El Acceptances of the plan were solicited prepetition from one or more classes of creditors, in accordance with 11 U.S.C. § 1126(b). Statistical/Administrative Information El 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. THIS SPACE IS FOR COURT USE ONLY Estimated Number of Creditors U El El El El El 0 El El El 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 El El U El El El El El El El $0 to $50,001 to $100,001 so $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 El El U El El El El El 0 El $Oto $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 loSt billion $1 billion million million million million million Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 53 of 92 Voluntary Petition (This page must be completed and filed in eve,y case) Name of Debtor(s): Sweeten, Kenneth F. Jr. All Prior Bankruptcy Cases Filed Within Last 8 Years (If more than two, attach additional sheet) Location Where Filed: - None - Case Number: Date Filed: Location 'Where Filed: Case Number: Date Filed: Pending Bankruptcy Case Filed by any Spouse, Partner, or Affiliate of this Debtor (If more than one, attach additional sheet) Name of Debtor: - None - 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 1 OQ) with the Securities and Exchange Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 and is re uestin relief under cha ter 11' .' El Exhibit A is attached and made a part of this petition. 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 certi' that I delivered to the debtor the notice required by 11 U.S.C. §342(b). X Is! Neil Crane September 30, 2009 Signature of Attorney for Debtor(s) (Date) Neil Crane 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? O Yes, and Exhibit C is attached and made apart 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: El 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. 0 There is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this District. El 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) El Landlord has a judgment against the debtor for possession of debtor's residence. (If box checked, complete the following.) debtor would be permitted to cure possession was entered, and during the 30-day period (Name of landlord that obtained judgment) (Address of landlord) 0 Debtor claims that under applicable nonbankruptcy law, there are circumstances under which the the entire monetary default that gave rise to the judgment for possession, after the judgment for 0 Debtor has included in this petition the deposit with the court of any rent that would become due after the filing of the petition. O Debtor certifies that he/she has served the Landlord with this certification. (11 U.S.C. § 362(1)). Case 09-32731 Doc I Filed 09/30/09 Entered 09/30/09 15:04:54 Desc Main Bi (Official Form 1)(1/08) Document Page 2 of 49 Paee 2 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 54 of 92 Case 09-32731 Doc I Bi (Official Form 1)(1/08) Filed 09/30/09 Entered 09/30/09 15:04:54 Desc Main Document Page 3 of 49 Voluntary Petition (This page must be completed and filed in every case) 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 711 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 Is! Kenneth F. Sweeten, Jr. Signature of Debtor Kenneth F. Sweeten, Jr. x Signature of Joint Debtor Telephone Number (If not represented by attorney) September 30, 2009 Date Sign Signature of Attorney for Debtor(s) Neil Crane Printed Name of Attorney for Debtor(s) Law Offices of Neil Crane, LLC Firm Name 2700 Whitney Avenue Hamden, CT 06518 Address Email: neil.crane@snet.net 203-230-2233 Fax: 203-230-8484 Telephone Number September 30, 2009 Signature of Attorney* X Isi Neil Crane 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. Printed Name of Authorized Individual Title of Authorized Individual Date 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 Page 3 Name of Debtor(s): Sweeten, Kenneth F. Jr. atures x 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.) El 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. 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) 1am a bankruptcy petition preparer as defmed 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 'sfailure to comply with the provisions of title 11 and the Federal Rules ofBankruptcy Procedure may result in fines or imprisonment or both 11 USC. §110; 18 USC. §156. Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 55 of 92 Cashonhand 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. Security deposits with public utilities, telephone companies, landlords, and others. Household goods and furnishings, including audio, video, and computer equipment. Books, pictures and other art objects, antiques, stamp, coin, record, tape, compact disc, and other collections or collectibles. Wearing apparel. Furs and jewelry. Type of Property Case 09-32731 Doc I Filed 09/30/09 Entered 09/30/09 15:04:54 Desc Main Document Page 11 of 49 B6B (Official Form 6B) (12/07) In re Kenneth F. Sweeten, Jr. Case No. N 0 N E Debtor SCHEDULE B - PERSONAL PROPERTY Except as directed below, list all personal property of the debtor of whatever kind. If the debtor has no property in one or more ofthe 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 maritalcommunity 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 orguardian, 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). Description and Location of Property Husband, Current Value of Wife, Debtor's Interest in Property, Joint, or without Deducting any Community Secured Claim or Exemption Cash on hand 25.00 Bank of America - checking (joint w/wifel#5760) 36.20 Webster Bank - checking (joint w/wife/#8020) 48.61 Citizens Bank - checking (#0810) 31.27 New Haven Employess Postal FCU - Christmas club 1,201.14 (joint wfwifel#4003) Webster Bank - savings (joint w/wife/#0995) 634.85 ING - savings (#) 106.46 New Haven Postal Employees FCU - Savings (joint 10.34 w/wife/#4003) Bank of America - Savings (joint w/wife/#4881) 13.56 New Haven Postal Employees FCC - checking (joint 50.61 w/wife/#4003) x Miscellaneous household goods 4,000.00 x Miscellaneous clothing 600.00 Small jewelry, watches 1,350.00 Sub-Total> 8,108.04 (Total of this page) continuation sheets attached to the Schedule of Personal Property copyiight (c) 1996-2009 - Best Case Solutions - Evanston, IL - (800) 492-8037 Best case Bankniptcy Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 56 of 92 Case 09-32731 Dcc I Filed 09/30/09 Entered 09/30/09 15:04:54 Desc Main Document Page 12 of 49 B6B (Official Form 6B) (12/07) - Coot. In re Kenneth F. Sweeten, Jr. Case No. Type of Property Firearms and sports, photographic, and other hobby equipment. 9. Interests in insurance policies. Name insurance company of each policy and itemize surrender or refund value of each. 12. Interests in IRA, ERISA, Keogh, or other pension or profit sharing plans. Give particulars. N 0 N E Stock and interests in incorporated X and unincorporated businesses. Itemize. Interests in partnerships or joint X ventures. Itemize. Government and corporate bonds US Savings Bonds 2,000.00 and other negotiable and normegotiable instruments. Accounts receivable. X Alimony, maintenance, support, and X property settlements to which the debtor is or may be entitled. Give particulars. Other liquidated debts owed to debtor X including tax refunds. Give particulars. Debtor SCHEDULE B - PERSONAL PROPERTY (Continuation Sheet) Description and Location of Property TSP (through employment/h) - not an asset of the estate Pension (through employment/h) - not an asset of the estate SEP (personal/w)) - not an asset of the estate Husband, Current Value of Wife, Debtor's Interest in Property, Joint, or without Deducting any Community Secured Claim or Exemption Elliptical machine 100.00 Whole life (personal) 80.99 Term life (through employmenflh) - no cash value 0.00 0.00 Sub-Total> 2,180.99 (Total of this page) Sheet 1 of 3 continuation sheets attached to the Schedule of Personal Property Copyright (c) 1996-2009 - Best Case Solutions - Evanston, IL -(800) 492-8037 Best Case Bankruptcy Annuities. Itemize and name each X issuer. Interests in an education IRA as x 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).) Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 57 of 92 Case 09-32731 Doc I Filed 09/30/09 Entered 09/30/09 15:04:54 Desc Main Document Page 13 of 49 B6B (Official Form 6B) (12/07) - Coot. In re Kenneth F. Sweeten, Jr. N Type of Property Description and Location of Property E Equitable or future interests, life X estates, and rights or powers exercisable for the benefit of the debtor other than those listed in Schedule A - Real Property. Contingent and noncontingent x interests in estate of a decedent, death benefit plan, life insurance policy, or trust. Other contingent and unliquidated claims of every nature, including tax refunds, counterclaims of the debtor, and rights to setoffclaiins. Give estimated value of each. Class Action Suit (vs. Ameriquest w/Attorney Dan 3,766.96 Blinn/joint w/wife) Patents, copyrights, and other X intellectual property. Give particulars. Licenses, franchises, and other X general intangibles. Give particulars. Customer lists or other compilations X containing personally identifiable information (as defined in 11 U.S.C. § I 0l(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. Automobiles, trucks, trailers, and 1997 Nissan Pathfinder (150,000 miles/fair condition) 1,175.00 other vehicles and accessories. 2003 Hyundai Sante Fe (70,000 miles/Fair Condition) 2,800.00 Boats, motors, and accessories. X Aircraft and accessories. X Office equipment, furnishings, and X supplies. Machinery, fixtures, equipment, and X supplies used in business. Inventory. X Debtor SCHEDULE B - PERSONAL PROPERTY (Continuation Sheet) Case No. Husband, Current Value of Wife, Debtor's Interest in Property, Joint, or without Deducting any Community Secured Claim or Exemption Sub-Total> 7,741.96 (Total of this page) Sheet 2 of 3 continuation sheets attached to the Schedule of Personal Property Copyright (C) 1996-2009 - Best Case Solutona - Evanston, IL - (800) 492-8037 Best Case Bankruptcy Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 58 of 92 Case 09-32731 Dcc I Filed 09/30/09 Entered 09/30/09 15:04:54 Desc Main Document Page 14 of 49 868 (Official Form 6B) (12197) - Cont. In re Kenneth F. Sweeten, Jr. Case No. Type of Property 35. Other personal property of any kind not already listed. Itemize. N 0 N E Animals. X Crops - growing or harvested. Give X particulars. Farming equipment and X implements. Farm supplies, chemicals, and feed. X Debtor SCHEDULE B - PERSONAL PROPERTY (Continuation Sheet) Description and Location of Property Husband, Current Value of Wife, Debtor's Interest in Property, Joint, or without Deducting any Community Secured Claim or Exemption Time Share: Oceans Landing Resort, Cocoa Beach, - 3,995.00 FL (50% owner/joint w/wife) Miscellaneous hand and garden tools 350.00 Sub-Total> 4,345.00 (Total of this page) Sheet 3 of 3 continuation sheets attached Total> 22,375.99 to the Schedule of Personal Property (Report also on Summaiy of Schedules) Copyright (C) 1996-2009 - Best Case Solutions - Evanston, IL - (800) 492-8037 Best Case Bankruptcy Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 59 of 92 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 60 of 92 Case:09-21 893-MER Doc#:1 FiIed:06/1 7/09 Entered:06/1 7/09 15:55:49 Page 1 of 49 BI (Official Form 1) (1/08) United States Bankruptcy Court District of Colorado Voluntary Petition Name of Debtor (if individual, enter Last, First, Middle): Bathin, Drucie Name of Joint Debtor (Spouse) (Last, First Middle): All Other Names used by the Debtor in the last 8 years (include married, maiden, and trade names): 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) NoiComplete EIN (if more than one, state all): 0904 Last four digits of Soc. Sec. or Individual-Taxpayer I.D. (ITIN) NoiComplete EIN (if more than one, state all): Street Address of Debtor (No. & Street, City, State & Zip Code): 3920 W Wlash P1 Denver, CO Street Address of Joint Debtor (No. & Street, City, State & Zip Code): ZIPCODE 80219 ZIPCODE County of Residence or of the Principal Place of Business: County of Residence or of the Principal Place of Business: Mailing Address of Debtor (if different from street address) Mailing Address of Joint Debtor (if different from street address): ZIPCODE ZIPCODE Location of Principal Assets of Business Debtor (if different from street address above): ZIPCODE Type of Debtor (Form of Organization) (Check one box.) Individual (includes Joint Debtors) See Exhibit D on page 2 of this form. Nature of Business (Check one box.) as defined in 11 Chapter of Bankruptcy the Petition l Chapter 7 is Filed (Check Code Under Which one box.) 15 Petition for of a Foreign Proceeding 15 Petition for of a Foreign Proceeding Health Care Business Chapter U Single Asset Real Estate U Chapter 9 Recognition MainU.S.C. § 10 1(5 1B) U Chapter 11 Corporation (includes LLC and LLP) U Railroad Chapter 12 Chapter Partnership Stockbroker U Chapter 13 Recognition NonmainOther (If debtor is not one of the above entities, check this box and state type of entity below.) Commodity Broker U Clearing Bank Nature of Debts (Check one ' Debts are primarily consumer debts, defined in 11 U.S.C. § 101(8) as "incurred by an individual primarily for a personal, family, or house- hold purpose." box.)Other U Debts are primarily business debts.Tax-Exempt (Check box, if applicable.) Entity organization under Code (the Debtor is a tax-exempt Title 26 of the United States Internal Revenue Code) Filing Fee (Check one box) 'Full Filing Fee attached only). Must certifying that the debtor See Official Form individuals only). Must See Official Form 3B. Check one box: Chapter 11 Debtors business debtor as defined in 11 U.S.C. § 101(51D). business debtor as defined in 11 U.S.C. § 101(5 1D). noncontingent liquidated debts owed to non-insiders or than $2,190,000. boxes: with this petition plan were solicited prepetition from one or more classes of with 11 U.S.C. § 1126(b). U Debtor is a small Debtor is not a smallFiling Fee to be paid in mstallments (Applicable to individuals Check if:attach signed application for the court's consideration is unable to pay fee except in installments. Rule 1006(b). 3A. Debtor's aggregate affiliates are less Check all applicableFiling Fee waiver requested (Applicable to chapter 7 attach signed application for the court's consideration. U A plan is being filed U Acceptances of the creditors, in accordance Statistical/Administrative Information to unsecured creditors. excluded and administrative expenses paid, there will be no funds available for THIS SPACE IS FOR COURT USE ONLYDebtor estimates that funds will be available for distribution Debtor estimates that, after any exempt property is distribution to unsecured creditors. Estimated Number of Creditors E2( U U U U U U U U U 1-49 50-99 100-199 200-999 1,000- 5,001- 10,001- 25,001- 50,001- Over 5,000 10,000 25,000 50,000 100,000 100,000 Estimated Assets U U U U U U U $0 to $50,001 to $100,001 to $500,001 to $1,000,001 to $10,000,001 $50,000,001 to $100,000,001 $500,000,001 More than $50,000 $100,000 $500,000 $1 million $10 million to $50 million $100 million to $500 million to $1 billion $1 billion Estimated Liabilities U U U U U U U U $0 to $50,001 to $100,001 to $500,001 to $1,000,001 to $10,000,001 $50,000,001 to $100,000,001 $500,000,001 More than $50,000 $100,000 $500,000 $1 million $10 million to $50 million $100 million to $500 million to $1 billion $1 billion Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 61 of 92 Case:09-21 893-MER Doc#: 1 FiIed:06/1 7/09 Entered:06/1 7/09 15:55:49 Page2 of 49 Bi (Official Form 1) (1/08) Page 2 Voluntary Petition (This page must be completed andfiled in every case) Name of Debtor(s): Bathun, Drucie Prior Bankruptcy Case Filed Within Last 8 Years (If more than two, attach additional sheet) Location Where Filed:None Case Number: Date Filed: Location Where Filed: Case Number: Date Filed: Pending Bankruptcy Case Filed by any Spouse, Partner or Afffliate of this Debtor (If more than one, attach additional sheet) Name of Debtor: None 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 1OQ) 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 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 § 342(b) of the Bankruptcy Code. X Is/Eric A. Nunemaker 6/17/09 Exhibit A is attached and made a part of this petition. Signature of Attorney for Debtor(s) Date Exhibit Does the debtor own or have possession of any property that poses or is alleged or safety? C to pose a threat of imminent and identifiable harm to public health Yes, and Exhibit C is attached and made a part of this petition. No Exhibit (To be completed by every individual debtor. If ajoint petition is filed, each Exhibit D completed and signed by the debtor is attached and made If this is a joint petition: D spouse must complete and attach a separate Exhibit D.) a part of this petition. a made a part of this petition.Exhibit D also completed and signed by the joint debtor is attached Information Regarding (Check any applicable j Debtor has been domiciled or has had a residence, principal place ofbusiness, preceding the date of this petition or for a longer part of such 180 the Debtor - Venue box.) or principal assets in this District for 180 days immediately days than in any other District. or partnership pending in this District. of business or principal assets in the United States in this District, is a defendant in an action or proceeding [in a federal or state court] to the relief sought in this District. There is a bankruptcy case concerning debtor's affiliate, general partner, Debtor is a debtor in a foreign proceeding and has its principal place or has no principal place ofbusiness or assets in the United States but in this District, or the interests of the parties will be served in regard Certification by a Debtor Who Resides (Check all applicable as a Tenant of Residential Property boxes.) residence. (If box checked, complete the following.)Landlord has a judgment against the debtor for possession of debtor's (Name of landlord or lessor that obtained judgment) (Address of landlord or lessor) circumstances under which the debtor would be permitted to cure after the judgment for possession was entered, and rent that would become due during the 30-day period after the (11 U.S.C. § 362(1)). Debtor claims that under applicable nonbankruptcy law, there are the entire monetary default that gave rise to the judgment for possession, Debtor has included in this petition the deposit with the court of any filing of the petition. Debtor certifies that he/she has served the Landlord with this certification. Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 62 of 92 Case:09-2 1893-ME R Doc#: 1 Filed :06/17/09 Entered :06/17/09 15:55:49 Page3 of 49 B1 (Official Form 1) (1/08) Pane 3 Voluntary Petition (This page must be completed andJlled in every case) Name of Debtor(s): Bathin, Drucie 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 711 am aware that I may proceed under chapter 7 11 12 or 13 of title 11 United State 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 Is/Drucie Bathin Signature of a Foreign Representative I declare under penalty of perjuiy 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 ofthe documents required by 11 U.S.C. § 1515 are attached. Pursuant to 11 U.S.C. § 1511,1 request relief in accordance with the chapter of title 11 specified in this petition. A certified copy of the order granting recognition ofthe foreign main proceeding is attached. - x Signature of Foreign Representative Signature of Debtor Drucie Bathin Printed Name of Foreign Representative Signature of Joint Debtor Date Telephone Number (If not represented by attomey) June 17, 2009 Date Signature of Attorney* X Is/Eric A. Nunemaker Signature of Non-Attorney Petition Preparer I declare under penalty of perjury that: 1)1 am a bankruptcy petition preparer as defined in 11 U.S.C. § 110; 2)1 prepared this document for compensation and have provided the debtor with a copy ofthis document and the notices and information required under 11 U.S.C. § 110(b), 110(h) and 342(b); 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. Signature of Attorney for Debtor(s) Eric A. Nunemaker 31602 The Nunemaker Law Firm, LLC 12021 Pennsylvania St., Suite 202 Thornton, CO 80241 (303) 940-6400 Fax: (303) 940-6401 eric@nunelaw.com June 17, 2009 Printed Name and title, if any, of Bankruptcy Petition Preparer Social Security Number (If the bankruptcy petition preparer is not an individual, state the Social Security number of the officer, principal, responsible person or partner of the bankruptcypetition preparer.) (Required by 11 U.S.C. § 110.) Date *Jn a case in which § 707(b)(4)(D) applies, this signature also constitutes a certification that the attorney has no knowledge after an inquiiy that the information in the schedules is incorrect. Address XSignature 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, Signature of Bankruptcy Petition Preparer or officer, principal, responsible person, or partner whose social security number is provided above. Date Names and Social Security numbers of all other individuals who prepared or assisted in preparing this document unless the bankruptcy petition preparer is not an individual: If more than one person prepared this document, attach additional sheets conforming to the appropriate official form for each person. A bankruptcy petition preparer 'sfailure to comply with the provisions of title 11 and the Federal Rules ofBankruptcy Procedure may result inJlnes or imprisonment or both 11 USC. § 110, 18 USC. § 156. Signature of Authorized Individual Printed Name of Authorized Individual Title of Authorized Jndividual Date Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 63 of 92 B6B(OfrR?G2J9)3-MER Doc#:1 FiIed:06/17/09 Entered:06/17/09 15:55:49 Pagel4 of 49 IN RE Bathin, Drucie Case No. Debtor(s) (If known) SCHEDULE B - PERSONAL PROPERTY 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 the 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 flied, 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." Ifthe 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 DESCRIPTION AND LOCATION OF PROPERTY CURRENT VALUE OF DEBTORS INTEREST IN PROPERTY WFrHOUT E 8 SECURED CLAIM OR BXEMPTION 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. Checking at 1st Bank 50.00 3. Security deposits with public utilities, telephone companies, landlords, and others. Security Deposit with Landlord 1,100.00 4. Household goods and furnishings, include audio, video, and computer equipment. Household Goods 1,000.00 5. Books, pictures and other art objects, antiques, stamp, coin, record, tape, compact disc, and other collections or collectibles. X 6. Wearing apparel. Clothing 500.00 7. Furs and jewehy. Jewelry 1,000.00 8. Firearms and sports, photographic, and other hobby equipment. X 9. Interest in insurance policies. Name insurance company of each policy and itemize surrender or refund value of each. X 10. Annuities. Itemize and name each issue. X 11. Interests in an education IRA as defined in 26 U.S.C. § 530(b)(1) or under a qualified State tuition plan as defmed in 26 U.S.C. § 529(b)(l). X Give particulars. (File separately the record(s) of any such interest(s). 11 U.S.C. § 521(c).) 12. Interests in IRA, ERISA, Keogh, or other pension or profit sharing plans. 401 (K) 800.00 Give particulars. 13. Stock and interests in incorporated and unincorporated businesses. X Itemize. 14. Interests in partnerships or joint ventures. Itemize. X Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 64 of 92 B6B (Of Doc#:1 Fi!ed:06/1 7/09 Entered:06/1 7/09 15:55:49 Pagel 5 of 49 IN RE Bathin, Drucie Case No. Debtor(s) (If known) SCHEDULE B - PERSONAL PROPERTY (Continuation Sheet) TYPE OF PROPERTY N E DESCRIPTION AND LOCATION OF PROPERTY z 8 CURRENT VALUE OF DEBTORS INTEREST IN PROPERTY WITHOUT SECURED CLAIM OR EXEMPTION 15. Government and corporate bonds and other negotiable and non-negotiable instruments. 16. Accounts receivable. 17. Alimony, maintenance, support, and property settlements in which the debtor is or may be entitled. Give particulars. 18. Other liquidated debts owed to debtor including tax refunds. Give particulars. 19. Equitable or future interest, life estates, and rights or powers exercisable for the benefit of the debtor other than those listed in Schedule ,A - Real Property. 20. Contingent and noncontingent interests in estate of a decedent, death benefit plan, life insurance policy, or trust. X X X X X 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 22. Patents, copyrights, and other intellectual property. Give particulars. 23. Licenses, franchises, and other general intangibles. Give particulars. 24. Customer lists or other compilations containing personally identifiable infonnation (as defined in 11 U.S.C. § 101 (41A)) provided to the debtor by individuals in connection with obtaining a product or service from the debtor primarily for personal, family, or household purposes. 25. Automobiles, trucks, trailers, and other vehicles and accessories. 26. Boats, motors, and accessories. 27. Aircraft and accessories. 28. Office equipment, furnishings, and supplies. 29. Machinery, fixtures, equipment, and supplies used in business. 30. Inventory. 31. Animals. X X X X X X X X X 2000 Audi A6-Driven & paid by son 2009 Toyota Camry W W 10,000.00 17,000.00 Case 1:05-cv-07097 Document 3175 Fil d 10/23/20 Page 65 of 92 B6B (Of Doc#:1 Filed:06/1 7/09 Entered:06/1 7/09 15:55:49 Pagel 6 of 49 IN RE Bathin, Drucie Case No. Debtor(s) (If known) SCHEDULE B - PERSONAL PROPERTY (Continuation Sheet) 0 continuation sheets attached (Include amounts from any continuation sheets attached. Report total also on Summary of Schedules.) TYPE OF PROPERTY N o N E DESCRIPTION AND LOCATION OF PROPERTY z Z z o < CURRENT VALUE OF DEBTORS INTEREST IN PROPERTY WITHOUT DEDUCTING ANY SECURED CLAIM OR EXEMPTION 32. Crops - growing or harvested. Give particulars. 33. Farming equipment and implements. 34. Farm supplies, chemicals, and feed. 35. Other personal property of any kind not already listed. Itemize. X X X X TOTAL 31,450.00 Case 1:05-cv-07097 Document 3175 Fil d 10/23/2009 Page 66 of 92 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 67 of 92 Case 04-21 621 Boc 3 Filed 05/27/04 Entered 0512ft/04 08:56:05 Desc Main flocIImAnt Pr1A I of 7Auiiiciai rUIPI, ,;iciucj ... - FORM BI United States Bankruptcy Court District of CONNECTICUT Voa Petiti ':' Name of Debtor (itindinduat. enter Last. First, Middte); Rack, Richard F. Name of Joint Debtor (SpousekLast. First. Middle): Deniae, Hack All Other Names used by the Debtor In the lastS years (indude married, maiden, and trade names): NONE All Other Names used by the Joint Debtor in the last 6 years (iSciude mamed, maiden, and trade namest: NONE 04 )btG') Last four digits of Soc. Sec. No.IComplete EIN or other Tax ID. No. lit more than one state itt,25O2 Last four digits of Soc. Sec. Nc/Compete EIN or other Tax ID. No. hf more than one, slate a11i9897 Street Address of Debtor (No. & Street. City, State & Zip Code): 34 Harding Avenue New'ington CT 06111 Street Address of Joint Debtor (No. & Street, City. State & Zip Codel: 34 Harding Avenue Newington CT 06111 County of Residence or of the Principal Place of Business: Hartford County of Residence or of the Principal Place of Business: Hartford Mailing Address of Debtor (ii different from street address): SAME Mailing Address of Joint Debtor (If different from street address): SAME Location of Principal Assets of Business Debtor hf different from Street address abovel: NOT APPZICAEX,N Information Regarding the Debtor Venue (Check any applicable box) (Check the Applicable Boxes) or principal assets In this District for 180 days immediately than in any other District. or partnership pending in this District. Debtor has been domiciled or has had a residence, principal place of business, preceding the date of this petition or for a longer part of such 180 days There is a bankruptcy case concerning debtors affiliate, general partner, Type of Debtor (Check all boxes that apply) Individual(s) Railroad O CorporatIon 0 Stockbroker Chapter or Section of Bankruptcy Code Under Which the PetitIon Is Filed (Check one box) U Chapter 7 U Chapter 11 l Chapter 13 Partnership Commodity Broker U Chapter 9 U Chapter 12 proceedingOther Clearing Bank Sec. 304 - Case ancillary to foreign Nature of Debts (Check one box) Filing Fee (Check one box) in Installments (Applicable to individuals only) application for the courts consideration is unable to pay fee except in installments. Official Form No. 3. IZI Consumer/Non-Business I Business Full Filing Fee attached 0 Filing Fee to be paid Must attach signed certifying that the debtor Rule 1006(b). See Chapter 11 Small Business (Check all boxes that apply) Debtor is a small business as defined in 11 U.S.C. § 101 Debtor is and elects to be considered a small business under 11 U.S.C. § 1121(e) (Optional) Statistical/Administrative Information . (Estimates only) o 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. THtS SPACE IS FOR COURT USE ONLY . - - 1-15 16-49 50-99 100-199 200-999 1000over Esbmated Number of Credttors i I U 0 Estimated Assets $0 to $50,001 to $100,001 to $600,001 to $1,000,001 to $10000001 to $50,000 $100,000 $500,000 Si million $10 mutton $50 million $50,000,001 to More than $100 milton $100 million 0 0U U U U I Estimated Debts $0 to $50,001 to $100001 to $500,001 to $1,000,001 to $10000001 to $50000 $100,000 $500000 $1 million $10 million $50 million $50,000,001 to More than $100 million $100 milton 0 0U U U U Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 68 of 92 Case 04-21621 Doc 3 Filed 05/27/04 Entered 05/28104 08:56:05 Desc Main Document Page 2 of 26 (Official Form 1) (12/02) West Gtoup, Rochester, NY Voluntary Petition Name of Debtor(s): (This page musE be completed and li'ed fr, everj case) Hack, Richard and Denise and Hack, Dense Prior Bankruptcy Case Flied Within Last 6 Years (If more than one attach additional sheet) Location Where Filed: Case Number: Date Filed: NONE IPendIngBank---------- - - Name of Debtor: NONE Signature(s) of Debtor(s) (Individual/Joint) I declare under penalty of perjury that the information provided in this petition is true aid correct. [If petitioner is art indMdual whose debts are primarily consumer debts and has chosen to file under chapter 7]! 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. I request rr,in accordan - wit , ec 'erof e 1, United States Code, 5 x x Ig ure of Joint Debtor Telephone Number (If not repiesented by attorney) Signature of Attorney 47 East Cedar Street Address Newincyton CT 06111 (860) 666-6022 5/25/2004 Telephone Number Date Signature of Debtor (CorporationlPartnership) 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 Indisiduat Ponted Name of Authorized lndMdual title of AuThorIzed Indluidusi 5/25/2004 Date Case Number: Date Filed: Judge: FORM BI, Page 2 nates Exhibit A (To be completed if debtor Is required to file periodic reports (e.g., forms 10K and 100) 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 B (To be completed if debtor is an individual that I have in/ ed,%e petitioner that [he or shel may proceed under chapter 7, / . 12,'6r1'3 of title II, United States Code, and have explain-. l. 1)e{aiiabIe under each such chapter. I, the attorney fo e petitioner named in the foregoing petition, dedare X ' ' 1 25/2004 - tnd(/'rmey for Debtor)sl whose debts are primarily consumer debts) Date 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 and safety? U Yea, and exhibit C is attached and made a part of this petition. No Signature of Non-Attorney Petition Preparer I certify that I am a bankruptcy petition preparer as defined In 11 U_S.C. § 110 that I prepared this document for compensation, and that I have provided the debtor with a copy of this document. x Printed Name of Bankruptcy Petition Preparer Social Security Number Address Names and Social Security numbers of all other individuals who prepared or assisted In preparing this document: If more than one person prepared this document, attach additional sheets conforming to the appropriate official farm for each person. Signature of Bankruptcy PetitIon Preparer Datp 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. 5/25/2004. Date District: Relationship: SIgnature of #fomey for Debtor(s) Kevin .L. Mason 14359 Printed Name of Attorney (or Debtor(s) Neistat £ Mason Firm Name Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 69 of 92 Case 04-21 621 Dec 3 Filed 05/27/04 Entered 05/28704 08:56:05 Desc Main Document Page 4 of 26 FORM 66 (6/90) West Group, Rochester, NY In re Rack, Richard and Denise and Hack, Denise I Debtor Case No. DECLARATION CONCERNING DEBTOR'S SCHEDULES DECLARATION UNDER PENALTY OF PERJURY BY AN INDIVIDUAL DEBTOR I declare under penalty of perjury that I have read the foregoing summary and schedules, consisting of correct to the best of my knowledge, information arid belief. Date: 5/25/2004 Date: 5/25/2004 Signature 14 sheets, and that they are true and (if known) Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 70 of 92 Page ,j.._ of Case 04-21621 Dec 3 Filed 05/27/04 Entered 05/28704 08:56:05 Desc Main Document Page 6 of 26 FORM B6B (10/89) West Group, Rochester, NY In re Hack, Richard and Denise and Rack, Denise / Debtor Case No. (if known) SCHEDULE B-PERSONAL PROPERTY Except as directed below, list all personal property of the debtor of whatever kind. If the debtor has no property In one or more ofthe categories, place an "X" iii the appropriate position in the column labeled "None." If additional space is needed in any category, attach a separate sheet propelly identified with the case name, case number, and the number of the category. If the debtor is married, state whether husband, wife, or both own property by placing an "H," "W ." 'i , or "C" in the column labeled "Husband. Wile. Joint, or Community. If the debtor is an individual or a joint petition is filed, state theamount 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 0-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." Type of Property N 0 e Description and Location of Property -H -W .,j -C current Market Value of Debtor's Interest, In Property WIthout Deducting any Secured Claim or Exemption Husband Wife Join Community 1. Cashon hand. 2. Ciiscking,eavtngsoroth.rflnancial accounts, certiFicates at deposit, or shores in banks, saving. and loan, thrift, buildine and loan, and homestead association., or credit unions, brokerage houses, or cooperatives. 3. SecurIty deposits with public utilities, telephone companies, landiordO, and others. 4. Household goode end furnishings, including audio, video, and computer equipment. S. aooke, pIctures end other art oblect*, antique., stamp, cob,, record, tape, compact disc, and other collection, or collectibles. 6. WearIng apparel. 7. Furs and jewelry. B. Firearms and sports, photographic, and other hobby equipment. 9. Interests In insurance policies. Name insurance company ot cccli poiicy and Itemize surrender or refund value of each. 10. Aainuitte. itenizo and name each issuer. 11. Interests in IRA. ERISA. Keogh, or other pension or profit sharing plane. Itemize. 12. Stock and interests It, Incorporated and unincorporated businesses. Ilenue. X X K K K X K Webster Bank Account Location: In debtor's possession Household Goods Location: In debtor's possession Clothing Location: In debtor's possession Jewelry Location: In debtor's possession 401k Location: In debtor's possession $ 1,500.00 $ 8, 000. 00 $ 1,000. 00 $ 2,000.00 $ 11,000. 00 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 71 of 92 Case 04-21621 Doe-3 Filed 05/27/04 Entered 05/28/O. 08:56:05 Desc Main Document Page 7 of 26 FORM B6B (10189) West Group, Rochester, NY In re Hack, Richard and Denise and Hack, Denise / Debtor Case No. Page ..j.. of _L SCHEDULE B-PERSONAL PROPERTY (Continuation Sheet) (if known) Type of Property N 0 n e Description and Location of Property -H Current Market of Debtors Interest, In Property Without Deducting any Secured Claim or Exemption HUsbnd WlfeW .iolntJ CommunityC 13. Interests In partnerships or joint ventures. Itemize. 14. Government and corporate bonds and other n.gotlabio and non.n.gotiabf a iosfrunwnts. 18. Accounts Receivable. 16. AlImony, maintenance, support, and property settt.naent to which the debtor Is or may be entitled. Give particularS. 17. Other liquidated debts owing debtor Including tax refunds. Gins particulars. 18. Equitable or future int.rs.ts, lIfe estates, and lights or powers exercisabl, for the benefit of the debtor other than those listed In Schedule of Real Property. 19. ContIngent and non-contingent interests in .stals of a decedent, death benefit plan, life insuranc, policy, or bust X X X X X X X 20. Other' contingent and unhiquldatad claini. of every nature, including tax r,funds, counterclaims of the debtor, and rights to. setoli claims. Give estimated value of each. X 21. Patents, copyrights. end other intellectual property. Give particulars. 22. licenses, franchisee, and other generel Intangibles. Give particulars. 23.Automobiioe,trucks,trailersandother vehicles. 24. Boats, motors, and accessories. 25. Aircraft and accessories. 26. Office squipnwnt, furnishings, and supplies. 27. Machinery, Itxturss, equipment and supplies used in business. 28. Irwentory. X X K X K X X 1991 Chevy 1500 Location In debtor's possession 1995 Ford Winstar Location; In debtor's possession $ 1,500.00 $ 4,000.00 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 72 of 92 Case 04-21 621 Doe 3 Filed 05/27/04 Entered 05/28704 08:56:05 Desc Main Document Page 8 of 26 FORM B6B (10/89) West Group. Rochester, NY In re Hack, Richard and Denise and Hack, Denise I Debtor Case No. (if known) SCHEDULE B-PERSONAL PROPERTY (Continuation Sheet) (Report to a! also on Summary of Schedules. Include amount, from any continuation sheets attached. Type of Property N e Description and Location of Property -C Current Market Value of Debtor, Interest. In Property Without Deducting any Secured Claim or Exemption HusbandH WlfeW Jolnt--J Community 29. Animals. 30. Crops - growing or harvested. Oiv p5rticolare. 31. Farming equipment and implements. 32. Farm supplies, chenicais. and ie.d. 33. Other personal property of any kind not already listed. itemize. X X X X X Page _L of Total $ 29,000.00 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 73 of 92 Case 04-21 621 Doe-3 Filed 05/27/04 Entered 05/28/04 08:56:05 Desc Main Document Page 20 of 26 Form 7 (9/00) West Group. Rochester, NY b. 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 indude payments by either or both spouses whether or riot a joint petition is filed, unless the spouses are s$parated and a joint petition Is not filed.) NONE 4. Suits and administrative proceedings, executions, garnishments and attachments. List alt suits and administrative proceedings to which the debtor is or was a party within one year Immediately preceding the filing f 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 COURT OR AGENCY AND CASE NUMBER NATURE OF PROCEEDING AND LOCATION STATUS OR DISPOSITION Pimeriquest Mortgage Foreclosure New Britain Judgment Enteredvs. Hack, et al Describe sit 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 fling under chapter 12 or chapter 13 most inctude information concerning property of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NONE 5. Repossessions, foreclosures and returns. List all property that hs been repossessed by a creditor, sold at a foreclosure sale, transferred through a deed In lieu of forectosume 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.) NONE 6. AssIgnments and receiverships. Describe any assignment of property for the benefit of creditors made within 120 days immediately preceding the commencement of this case.(Marrled 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 flied.) NONE List all property which has been in the hande of a custodian, receiver, or court-appointed official within one year immediately preceding the commencement of this case.(Marrred debtors fling under chapter 12 or chapter 13 must include nfon'nation concerning propertyof either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NONE 7. Gifts. List all gills or chsrltable coninbullons 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 rectpient.(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) lJ NONE B. 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 tosses by either or both spouses whether or not a Joint petition Is filed, unless the spouses are separated and a Joint petition is not filed.) NONE Statement of Affairs - Page 2 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 74 of 92 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 75 of 92 Case 09-20050 Doc I Filed 01/12/09 Entered 01/12/09 18:02:46 Desc Main Official Form 1(1/08) Document Paae I of 39 United States Bankruptcy Court Voluntary tiflon DISTRICT OF CONNECTICUT -. - - Name of Debtor (if individual, enter Last, First, Middle): Sullivan, David Mark Name of Joint Debtor (Spause)(Last, First, Middle): All Other Names used by the Debtor in the last 8 years (include married, maiden, and trade names): NONE 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 Indvidual-Taxpayer ID. (ITIN) No/Complete EIN (if more than one, state all): 8789 Last four digits of Soc. Sec. or Indvidual-Taxpayer ID. (ITIN) No/Complete EIN (if more than ane, state all): Street Address of Debtor Qo. & Street, City, and State): 62 Bloomingdale Road Quaker Hill CT Street Address of Joint Debtor (No. & Street, City, and State): ZIPCODE 06375 ZIPCODE County of Residence or of the Principal Place of Business: New London County of Residence or of the Principal Place of Business: Mailing Address of Debtor (if different fram street address): SANE Mailing Address of Joint Debtor (if different from street address): ZI1'CODE ZIPCODE Location of Principal Assets of Business Debtor (if different fl-cm street address above): NOT APPLICABLE ZIPCODE Type of Debtor (Form of organization) (Check one box.) Individual (includes Joint Debtors) Nature of (Check one box.) Business Estate as defined (51B) Chapter of Bankruptcy Code the Petition is Filed (Check Under Which one box) 15 Petition for Recognition a Foreign Main Proceeding 15 Petition for Recognition a Foreign Nonmain Proceeding Health Care Buainess Chapter 7 Chapter See Exhibit D on page 2 of this form. Single Asset Real Chapter 9 of in 11 U.S.C. § 101 Chapter 11 Corporation (includes LLC and LLP) Chapter 12 Chapter Railroad Partnership ofU Chapter 13 Other (if debtor is not one of the above entities, check this box and state t'le of entity below Stockbroker Commodity Broker Cleating Bank U Other Nature of Debts (Check one box) are primarily debts. Debts are primarily consumer debts, defined Debts in 11 U.S.C. § 101(8) as "incurred by an business individual primarily for a personal, family, or household purpose' 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 11 Debtors: Check one box: U.S.C. § 101(51D). in 11 U.S.C. § 101(51D). debts (excluding debts owed from one or more U.S.C. § 1126(b). Debtor is a small business as defined in 11 Debtor is not a small business debtor as defined Check if:Filing Fee (Check one box) to individuals only). Must attach certifying that the debtor is unable See Official Form 3A. 7 individuals only). Must attach See Oft) cial Form 3B. Full Filing Fee attached Debtor's aggregate noncontingent liquidated Filing Fee to be paid in installments (applicable to insiders or affiliates) are less than $2,190,000. Check all applicable boxes: signed application for the court's consideration to pay fee except in installments. Rule 1006(b). U A plan is being filed with this petition Filing Fee waiver requested (applicable to chapter signed application for the Court's consideration. U Acceptances of the plan were solicited prepetition classes of creditors, in accordance with 11 StatisticaL/Administrative Information distribution to unsecured creditors. is excluded and administrative expenses paid, there will be no funds available for THIS SPACE IS FOR COURT USE ONLY Debtor estimates that funds will be available for Debtor estimates that, after any exempt property distribution to unsecured creditors. Estimated Number of Creditors U U . U . 1-49 50-99 100-199 200-999 1,000- 5,001- 10,001- 25,001- 50,001- Over 5,000 10,000 25,000 50,000 100,000 100,000 Estimated Assets to $10 to $50 to $tOO million million million ç çi çi0,001 to $100,001 ta $50,000 $100,050 $500,000 to $1 million 00000001 Mare than to $500 loSt biltion $1 billion million Estimated Liabilities U U U U U U $5 to $50,001 to St50,00t to $500,001 $1,000,001 $10,000,051 $50,000,001 $100,000,001 $500,000,001 Mare then $50,000 $100,000 $500,000 to $1 to $10 to $50 to $tOO to $500 to $1 billion $1 billion million million mittian million million Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 76 of 92 Case 09-20050 DoG I Filed 01/12/09 Entered 01/12/09 18:02:46 Desc Main Official Form 1(1/08) Document Paae 2 of 39 FORMB1,Page 2 Voluntary Petition (This page must be completedandfiledin every case) Name of Debtor(s): David Mark Sullivan All Prior Bankruptcy Cases Filed Within Last 8 Years (If more than two, attach additional sheet) Location Where Filed: NONE Case Nwnber: Date Filed: Location Where Filed: Case Number: Date Filed: Pending Bankruptcy Case Filed by any Spouse, Partner or Affiliate of this Debtor (If more than one, attach additional sheet) Name of Debtor: NONE 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 1OQ) 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 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 certi' that I have delivered to the debtor the notice required by 11 U.S.C. §342(b). X ii David F. Falvey 1/ 9/2009Exhibit A is attached and made a part of this petition Signature of Attorney for Debtor(s) Dote Does the debtor own or have possession of any property that poses or is alleged or safety? Exhibit C to pose a threat of imminent and identifiable harm to public health Yes, and exhibit C is attached and made a part of this petition. No (To be completed by every individual debtor. If a joint petition is filed, each Exhibit D spouse must complete and attach a separate Exhibit D.) part of this petition. and made a part of this petition. Exhibit D completed and signed by the debtor is attached and made If this is a joint petition: Exhibit D also completed and signed by the joint debtor is attached Information Regarding (Check the Debtor - Venue any applicable box) or principal assets in this District for 180 days immediately than in any other District. or partnership pending in this District. business or principal assets in the United States in this District, or has no in an action proceeding [in a federal or state court] in this District, or this District. Debtor has been domiciled or has had a residence, principal place of business, preceding the date of this petition or for a longer part of such 180 days There is a bankruptcy case concerning debtor's affiliate, general partner, Debtor is a debtor in a foreign proceeding and has its principal place of principal place of business or assets in the United States but is a defendant the interests of the parties will be served in regard to the relief sought in Certification by a Debtor Who (Check all applicable Resides as a Tenant of Residential Property boxes.) residence. (If box checked, complete the following.)Landlord has a judgment against the debtor for possession of debtor's (Name of landlord that obtained judgment) (Address of landlord) circumstances under which the debtor would be permitted to cure the after the judgment for possession was entered, and any rent that would become due during the 30-day (11 U.S.C. § 362(1)). Debtor claims that under applicable nonbankruptcy law, there are entire monetary default that gave rise to the judgment for possession, Debtor has included with this petition the deposit with the court of period after the filing of the petition. Debtor certifies that he/she has served the Landlord with this certification. Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 77 of 92 Case 09-20050 Doc 1 Filed 01/12/09 Entered 01/12/09 18:02:46 Desc Main Official Form 1(1/08) Document Pacie 3 of 39 FORM B1, Page 3 Voluntary Petition (This page must be completed andfiled in every case) Name of Debtor(s): David Mark Sullivan Signatures Signature(s) of Debtor(s) (Individual/Joint) I declare under penalty of peijury 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 711 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 Is! David Mark Sullivan Signature of a Foreign Representative I declare under penalty of peijury 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. xSignature of Debtor x (Signature of Foreign Representative) Signature of Joint Debtor (Printed name of Foreign Representative) ii 9/2009Telephone Nomber (if not represented by attorney) 1/ 9/2009 (Date) Date Signature of Attorney* X /s/ David F. Falvey Signature of Non-Attorney Bankruptcy Petition PreparerI declare under penalty of etjury that: (1) 1am a bankruptcy petition preparer as defined in 11 1.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 seuired under 11 U.S.C. § 110(b), 110(h), and 342ib) 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. Signature of Attorney for Debtor(s) David F. lalvey 08516 Printed Name of Attorney for Debtor(s) David F. Falvey, Esq. Firm Name 258 Route 12 Address Groton CT 06340 Printed Name and title, if any, of Bankruptcy Petition Preparer 860-449-1510 Tetephone Number 1/ 9/2009 Social-Security number (If the bankruptcy petition preparer is not an individual, state the Soctal-Security number of the officer, principal responsible nerson or partner of the bankruptcy petition preparer.) (kequired by 11 U.S.d. § 110.) Date In a case in which § 707(b)(4)(D) applies this signature also constitutes a certification that the attorney lisa no knowledge after an inquiry that the information in the schedules is incorrect. Address Signature of Debtor (Corporation/Partnership) I declare under penalty ofpetjuty 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 the relief in accordance with the chapter of title 11, United States Code, specified in this petition. x x Date Signature of bankruptcy petition oreparer 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 indivtdual. If more than one person prepared this document, attach additional sheets conforming to the appropriate official form for each person. A bankruptcy petition preparer 'sfailure to comply with the provisionsof title 11 and the Federal Rules ofBankruptcy Procedure may result in fines or imprisonment or both. 11 US.C.11O;18U.S.C.g156. Signoture of Authorized tndividuat Printed Name of Authorized Individuat Title of Authorized Individual 1/ 9/2009 Dote Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 78 of 92 B6DecIaration(OffiQQt(l239C I Filed 01/12/09 Entered 01/12/09 18:02:46 Desc Main Document Page 8 of 39 In re David Mark Sullivan Case No. Debtor DECLARATION CONCERNING DEBTOR'S SCHEDULES DECLARATION UNDER PENALTY OF PERJURY BY AN INDIVIDUAL DEBTOR I declare under penalty of perjury that I have read the foregoing summary and schedules, consisting of 21 sheets, and that they are true and correct to the best of my knowledge, information and belief. Date: 1/9/2009 Signature Is! David Mark Sullivan David Mark Sullivan [If joint case, both spouses must sign.] 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. (if known) Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 79 of 92 B6B(0fficiaIForrn6l7P92OO5O Doc I Filed 01/12/09 Entered 01/12/09 18:02:46 Desc Main Document Page 10 of 39 In re David Mark Sullivan Debtor(s) SCHEDULE B-PERSONAL PROPERTY 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 the husband, wife, both, or the marital community own the property by placing an "I-I," "W," "J," or "C" in the column labeled "1-lusband, 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 C-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). Case No. Page .j_ of (if known) Type of Property N n e Description and Location of Property -H -W -C Current Value of Debtor's Interest, in Property Without Deducting any Secured Claim or Exemption Husband Wife Join Community 1. Cash on hand. 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. 3. Security deposits with public utilities, telephone companies, landlords, and others. 4. Household goods and furnishings, including audio, video, and computer equipment. 5. Books, pictures and other art objects, antiques, stamp, coin, record, tape, compact disc, and other collections or collectibles. 6. Wearing apparel. 7. Furs and jewelry. 8. Firearms and sports, photographic, and other hobby equipment. 9. Interests in Insurance policies. Name insurance company of each policy and itemize surrender or refund value of each, 10. Annuities. Itemize and name each issuer. X X X X X Personal Cash Location: In debtor's possession Checking- Account -Liberty Bank Location: In debtor 's possession Household Goods . -Location: In debtor's possession Personal Clothing Location: In debtor's possession Life Insurance Policy*work provided*no cash surrender value Location: In debtor's possession $ 20. 00 $ 1,188. 02 $ 2,000. 00 - $ 250. 00 $ 0 00 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 80 of 92 B6B(0fficiaIForm6)092°°50 Doc 1 Filed 01/12/09 Entered 01/12/09 18:02:46 Desc Main Document Page 11 of 39 In re David Mark Sullivan Page of Debtor(s) SCHEDULE B-PERSONAL PROPERTY (Continuation Sheet) Case No. (if known) Type of Property N e Description and Location of Property -H -W -J -C Current of Debtors Interest, in Property Without Deducting any Secured Claim or Exemption Husband Wife Join Community 11. Interest 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).) 12. Interests in lR ERISA, Keogh, or other pensIon or profit sharing plans. Give particulars. 13. Stock and interests in Incorporated and unincorporated businesses. Itemize. 14. Interests in partnerships orjoint ventures. Itemize. 15. Government and corporate bonds and other negotiable and non-negotiable Instruments. 16. Accounts Receivable. 17. Alimony, maintenance, support and property settlements to which the debtor is or may be entitled. Give particulars. 18. Other liquidated debts owed to debtor Including tax refunds. Give particulars. 19. EquItable or future Interests, life estates, and rights or powers exercisable for the benefit of the debtor other than those listed In Schedule of Real Property. 20. Contingent and non.contingent interests in estate of a decedent, death benefit plan, life insurance policy, or trust. X X X X X X X 401K *not an asset of the estate Patterson vs .rzuma ie Account worth approximately $140. 00 Location: In debtor's possession Student Loan Refund Location: In debtor's possession 2008 Anticipated Tax Refund Location: In debtor s possession $ 0. 00 $ 2,022. 00 $ 5,394. 98 21.Othercontingentandunliquidatedclaims of every nature, including tax refunds, counterclaims of the debtor, and rights to claims. Give estimated value of Possible Class Action Lawsuit against AmeriQues t. The attorney handling this case is Dan Blinn, 35 Cold Spring Road Suite 512, Rocky Hill, CT 06067. His telephone number is (860) 571-0408 Location: In debtor's possession $ 1,000.00 22. Patents, copyrIghts, and other intellectual property. Give particulars. 23. Licenses, franchises, and other general intangibles. Give particulars. X X Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 81 of 92 B6B(OfficiaIForm67)092°°50 Doc I Filed 01/12/09 Entered 01/12/09 18:02:46 Desc Main Document Page 12 of 39 In re David Mark Sullivan Debtor(s) SCHEDULE B-PERSONAL PROPERTY (Continuation Sheet) Case No. (if known) (Report total also on Summary of Schedules. Include amounts from any continuation sheets attached Type of Property N e Description and Location of Property -H -W -C Current Value of Debtor's Interest, in Property Without Deducting any Secured Claim or Exemption Husband Wife Joint--J Community 24. Customer lists or other compilations containing personally Identiflable InformatIon (as described In 11 U.S.C. 101(41A)) provided to the debtor by individuals in connection with obtaining a product or service from the debtor primarily for personal, family, or household purposes. 25. AutomobIles, trucks, trailers and other vehicles and accessories. 26. Boats, motors, and accessories. 27. Aircraft and accessories. 28. Office equipment, furnishings, and supplies. 29. Machinery, fixtures, equipment and supplies used in business. 30. Inventory. 31.Animals. 32. Crops - growing or harvested. Give particulars. 33. Farming equipment and Implements. 34. Farm supplies, chemicals, and feed. 35. Other personal property of any kind not already listed. Itemize. X X X X X X X X X X X 1998 Toyota Corolla, car has considerable . - -problems including engine vibration. Location: In debtor's possession 2002 Kia Sidona, 110,000 Location: In debtor's possession $ 500. 00 $ 1,500.00 Page 3 of 3 Total $ 13,875.00 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 82 of 92 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 83 of 92 WICHMANN-KLAWITTER REPORTING, LTD., CHICAGO 312 - 368-1228 I 312 - 263-1492 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION SERGIO A. SALAZAR and GUADALUPE SALAZAR, Plaintiffs; vs. ) No. 05 C 4162 AMERIQUEST MORTGAGE COMPANY and DEUTSCHE BANK NATIONAL TRUST, Defendants. The deposition of GUADALUPE SALAZAR, taken by the defendants for examination, pursuant to notice, and pursuant to the Rules of Civil Procedure for the United States District Courts pertaining to the taking of depositions, taken before Gina M. Pintozzi, csr, rpr, a notary public in and for the County of Cook and State of Illinois, at Suite 350, 224 South Michigan Avenue, Chicago, Illinois, on Monday, March 20, 2006, at the hour of 10:00 o'clock a.m. SALAZAR VS. AMERIQUEST GUADALUPE SALAZAR, 03/20/06 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 84 of 92 .1 J. 2 2 2 2 1 1: I: 11 21 2 2 24 REDACTED ''--- 86 87 r Page 88 7 QMrs. Salazar, just sol 8 understand your testimony, we've identified within 9 Exhibit 1 at least two checks that you admit that 10 you received; is that correct? 11 A. Yes. 12 Q. And you either deposited the check in 13 your own account or you cashed it; is that 14 correct? 15 A. Yes. 16 Q. And used the proceeds of those two 17 checks for your own purposes? 18 A. Yes. 19 MR. HOFELD: I'm just going to object on 20 vagueness grounds. I don't know what you mean by 21 "your own purposes." 22 MR. LEDSKY: Q. You used them for what you 23 wanted to use them for; is that right? 24 MR. HOFELD: Same objection. Same Page 89 I objection. I mean, they weren't used for business 2 purposes, Jon. So - 3 MR. LEDSKY: Q.Your own personal purposes; 4 is that correct? 5 A. Yes, business debts that I owed. 6 MR. HOFELD: Same objection. There is a 7 miscommunication here. Page 86 - Page 89 WICHMANN-KLAWI'rI'ER REPORTING, LTD., CHICAGO 312 - 368-1228 / 312 - 263-1492 GtthAIJUPE SALAZAR, 03/20/06 SALAZAR VS. AMERIQUEST Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 85 of 92 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 86 of 92 Comprehensive Business Report Page 1 of 2 Important: The Public Records and commercially available data sources used on reports have errors. Data is sometimes entered poorly, processed incorrectly and is generally not free from defect. This system should not be relied upon as definitively accurate. Before relying on any data this system supplies, it should be independently verified. For Secretary of State documents, the following data is for information purposes only and is not an official record. Certified copies may be obtained from that individual state's Department of State. Your DPPA Permissible Use: undefined Your GLBA Permissible Use: undefined Comprehensive Business Report Company Information: (Click to Run Relavint Report Company Name: STE LLA'S HAIR SALON Address: CHICAGO, IL Name Variations: Company Name: STELLA'S HAIR SALON Address Variations: Address: 6922 S WINCHESTER AyE, CHICAGO IL 60636 County: COOK Msa Description: Chicago, IL Phone Variations: Phone: Comprehensive Business Report Summary: (Click on Link to see detail) Industry Information: I Found Company ID Numbers: None Found Corporation Filings: None Found Registered Agents: None Found Business Registration: None Found UCC Filings for Business: None Found Associated Businesses: 2 Found Business Contacts: 1 Found Properties: None Found FAA Aircrafts: None Found Watercrafts: None Found Executives: I Found Business Filings: Industry Information: SIC Code: 7231 SIC Description: BEAUTY SHOPS Corporation Filings: Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 87 of 92 Comprehensive Business Report Page 2 of 2 [None Found] Registered Agents: [None Found] Business Registration: [None Found] UCC Filings for Business: [None Found] Associated Businesses: Name: FOUNTAIN, ANNIE Address: 6922 S WINCHESTER AVE, CHICAGO IL 60636-3216 Name: WYNN, ANNIE Address: 6922 5 WINCHESTER AyE, CHICAGO IL 60636-3216 Associated People: Business Contacts: Name: HARRIS CASTELLA SSN: 321-46-xxxx Contact Title - OWNER Address: 6922 S WINCHESTER AVE, CHICAGO IL 60636-3216 Date Last Seen: 3/28/2005 Assets: Properties: [None Found] FAA Aircraft: [None Found] Watercraft: [None Found] Executives: Name: HARRIS CASTELLA Contact Title - OWNER Date Last Seen: 3/28/2005 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 88 of 92 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 89 of 92 I OF I RECORD(S) FOR INFORMATIONAL PURPOSES ONLY Copyright 2008 LexisNexis a division of Reed Elsevier Inc. All Rights Reserved. Name Address Phone County/FIPS MAXIMUM CNC, INC. None Listed Page 1 Name Variations/DBAs # Name Variations 1. MAXIMUM CNC, INC. Profile Information I: MAXIMUM CNC, INC. Company Name: MAXIMUM CNC, INC. Date Of Incorporation: 7/8/2004 State Of Incorporation: IL Charter Number: 63660469 Duration: PERPETUAL Status Of Incorporation: GOOD STANDING Corporation Structure: DOMESTIC CORPORATION Registered Agents # Name Address 1. BRETT WERTEPNY 2063 E CRAIG DR DES PLAINES, IL 60018-4023 Company ID Numbers Company ID Numbers State IDs: IL, 63660469 Person Associates # Name Address 1. WERTEPNY, BRETT 2063 E CRAIG DR DES PLAIN ES, IL 60018 Sources All Sources 3 Source Document(s) Business Contacts I Source Document(s) Business Finder 1 Source Document(s) Corporate Filings I Source Document(s) Key High Risk Indicator. These symbols may prompt you to investigate further. Moderate Risk Indicetor. These symbols may prompt you to investigate further. General Information Indicator. These symbols inform you that additional information is provided. ,/The most recent telephone listing as reported by the EDA source. Important: The Public Records and commercially available data sources used on reports have errors. Data is sometimes entered poorly, processed incorrectly and is generally not free from defect. This system should not be relied upon as definitively accurate. Before relying on any data this system supplies, it should be independently verified. For Secretary of State documents, the following data is for information purposes only and is not an official record. Certified copies may be obtained from that individual state's Department of State. Your DPPA Permissible Use is: Litigation Your GLBA Permissible Use is: Persons With a Legal or Beneficial Interest re Consumer Copyright© 2008 LexisRexis, a division of Reed Elsevier Inc. All rights reserved. Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 90 of 92 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 91 of 92 I OF I RECORD(S) FOR INFORMATIONAL PURPOSES ONLY Copyright 2009 LexisNexis a division of Reed Elsevier Inc. All Rights Reserved. Full Name Address KOBIALKA, RUTH E 381 LLOYD ST NEWINGTON CT 06111-1905 HARTFORD iOUNTY ADDITIONAL PERSONAL INFORMATION SSN DOB 047-28-)(XXX Ii 4/1935 Deceased 1/ (Would be: 74) S (Date of Death: 6/26/2004y Subject Summary Name Variations KOBIALKA, RUTH KOBIALKA, RUTH A KOBIALKA, RUTH E KOBJALKA, RUTH E SSNs Summary No. SSN State Iss. Date Iss. Warnings Most frequent SSN attributed to subject: 1: 047-28-X)O(X Connecticut 1953-1954 Deceased DOBs Reported DOBs: 4/1935 Address Summary - I records found for subject. No. Address 1: 381 LLOYD ST NEWINGTON, CT 06111-1905 HARTFORD COUNTY Address Details 1: 381 LLOYD ST NEWINGTON, CT 06111-1905 Address Dates Phone 381 LLOYD ST 9/2009 NEWINGTON CT 06111-1905 HARTFORD dOUNTY Census Data for Geographical Region Median Head of Household Age: 40 Median Income: $60,284 Median Home Value: $135,500 Median Education: 14 years Household Members GAGLIARDI, GINA H KOBIALKA, EDWARD KOBIALKA SR, EDWARD J KOBIALKA, JOHN KOBIALKA, STAN Gender Phone None Listed Page 1 Case 1:05-cv-07097 Document 3175 Filed 10/23/2009 Page 92 of 92