Pritchett v. Equifax Information Services, Llc et al

MOTION for Summary Judgment with Brief In Support

N.D. Ga.August 9, 2016

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA NEWNAN DIVISION ROSA MAE PRITCHETT, Plaintiff, v. EQUIFAX INFORMATION SYSTEMS, LLC; WAREHOUSE HOME FURNISHINGS DISTRIBUTORS, INC. d/b/a FARMERS FURNITURE; SEVENTH AVENUE, INC., and PAUL MASON AND ASSOCIATES d/b/a CREDITORS BANKRUPTCY SERVICE, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 3:15cv197TCBRGV PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT Rosa Mae Pritchett (“Plaintiff”), by and through her undersigned attorneys, pursuant to Federal Rule of Civil Procedure 56, and pursuant to Local Rule 56, moves the Court for the entry of summary judgment in her favor and against defendant Paul Mason and Associates, d/b/a Creditors Bankruptcy Service (“CBS”) as to all claims asserted, there being no genuine issue of material fact and the record establishing that the Plaintiff is entitled to judgment as a matter of law. 1 Case 3:15-cv-00197-TCB-RGV Document 32 Filed 08/09/16 Page 1 of 4 In support of this motion, and pursuant to LR 56, Plaintiff submits a Statement of Material Facts and a Memorandum in Support of Plaintiff’s Motion for Summary Judgment. WHEREFORE , Plaintiff prays for the entry of judgment in her favor and against CBS, awarding actual damages, statutory damages, punitive damages, damages for civil contempt, reasonable attorney’s fees and costs incurred, and for such other and further relief as this Court deems just and proper. Respectfully submitted, ROSA MAE PRITCHETT By: /s/ Matthew T. Berry Matthew T. Berry, Georgia Bar No. 055663 Attorney for Plaintiff/Debtor 2751 Buford Highway, NE Suite 600 Atlanta, Georgia 30324 Ph. 4042353334 Fax. 4042353333 eMail: matt@mattberry.com 2 Case 3:15-cv-00197-TCB-RGV Document 32 Filed 08/09/16 Page 2 of 4 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA NEWNAN DIVISION ROSA MAE PRITCHETT, Plaintiff, v. EQUIFAX INFORMATION SYSTEMS, LLC; WAREHOUSE HOME FURNISHINGS DISTRIBUTORS, INC. d/b/a FARMERS FURNITURE; SEVENTH AVENUE, INC., and PAUL MASON AND ASSOCIATES d/b/a CREDITORS BANKRUPTCY SERVICE, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 3:15cv197TCBRGV CERTIFICATE OF SERVICE AND TYPE SIZE COMPLIANCE I hereby certify that on this date I served the foregoing pleading on all parties of record in the foregoing matter by depositing a copy of same in the United States Mail in a properly addressed envelope with adequate postage thereon as follows: Joseph J. Burton, Jr. David W. Gordon MOZLEY, FINLAYSON & LOGGINS LLP One Premier Plaza, Suite 900 5605 Glenridge Drive, NE Atlanta, GA 303421386 3 Case 3:15-cv-00197-TCB-RGV Document 32 Filed 08/09/16 Page 3 of 4 Pursuant to Local Rule 5.1 N.D. Ga., the foregoing pleading is prepared in Times New Roman, 14 point. Dated: August 9, 2016 By: /s/ Matthew T. Berry Matthew T. Berry, Georgia Bar No. 055663 Attorney for Plaintiff/Debtor 2751 Buford Highway, NE Suite 400 Atlanta, Georgia 30324 Ph. 4042353334 Fax. 4042353333 eMail: matt@mattberry.com 4 Case 3:15-cv-00197-TCB-RGV Document 32 Filed 08/09/16 Page 4 of 4 Exhibit A Deposition transcript of Rosa Mae Pritchett Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 1 of 106 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 1 (REPORTER'S NOTE: Following is an unedited version of the transcript referenced herein. This rough draft is being provided to counsel for purposes of work product only and may not be used as evidence, for purposes of impeachment, or for any other purpose in any forum whatsoever. The court reporter will hereafter edit the transcript, making significant and/or insignificant changes to the transcript. You may not rely on page and line numbers. Please do not provide this rough draft to any counsel or parties outside of your law firm.) PRITCHETT v PAUL MASON AND ASSOCIATES, et al. DEPOSITION OF ROSA MAE PRITCHETT June 22, 2016 Taken by David W. Gordon Reported by Elizabeth R. Hollingsworth, CCR Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 2 of 106 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 2 June 22, 2016 10:35 a.m. MR. GORDON: This is the deposition of Rosa Mae Pritchett taken pursuant to proper notice and for all purposes permitted by the Federal Rules of Civil Procedure. I'd suggest we reserve objections except to the form of the question and responsiveness of the answer until first additional use of the transcript, if that's agreeable. MR. SIEG: That's agreeable with me. MS. TZOBERI: That's fine. ROSA MAE PRITCHETT, being first duly sworn, was examined and testified as follows: CROSS-EXAMINATION BY MR. GORDON: Q Ms. Pritchett, my name is David Gordon. We met a few moments ago. I represent Paul Mason and Associates, Inc., doing business as Creditors Bankruptcy Service in this matter. It's Case No. 3:15-cv-197 in the Northern District of Georgia. If I use the term Creditors Bankruptcy Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 3 of 106 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 3 Service or CVS, will you understand that to mean Paul Mason and Associates, Inc., doing business as Creditors -- A Yes. Q Have you ever given a deposition before? A No. Q Okay. So I'll go over a few ground rules. First, you'll need to answer with yes-or-no answers. As you've noticed, we've got someone taking down the answers. Shaking the head or nodding isn't sufficient, and she can't write that down. Answers like uh-huh or huh-uh become a bit confusing. So if you can try and answer yes or no. I know it's difficult. If you'll try and let me finish my question before you start to answer, even if you know where I'm going, it makes for a cleaner read just because she can only write down one person's sentence at a time. I'll do the same for you. Naturally, I'm sure we'll cut each other off a few times. But the less we do that, the better. I will do my best to be as clear as possible, but I'm human. I'll often ask Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 4 of 106 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 4 confusing or contrived questions. If you don't understand what I'm asking, please let me know. I'll do my best to rephrase it. But if you do answer the question, I will understand that to mean you understand my question and you're answering truthfully. Is that fair? A That's fair. Q I don't think we're going to go too long today. But if you do need a break, let me know. It's not a problem. We can take as many breaks as you need. The only thing I'll ask is that if I've asked a question, you answer the question before we take the break. Is that fair as well? A Fair. Q Okay. Some of the questions might be a bit personal. Some of them might be prying. I apologize for that. Most of them, every one has to be asked, it's not personal. With that in mind, have you had any alcohol today? A No. Q Have you taken any drugs today? A Medicine, morning medicine. Q Prescription? Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 5 of 106 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 5 A Yes. Q Okay. Are any of those drugs going to inhibit your ability to understand? A No. Q Any of them inhibit your ability to answer truthfully? A No. Q Have you taken any other over-the-counter drugs today? A No. Q Any illegal drugs today? A No. Q Is there any other reason why you might not be able to understand my questions? A No. Q Is there any other reason why you might not be able to answer truthfully? A No. Q Have you talked with anybody about this case other than your attorneys? A No. Q Have you talked with anyone about this deposition other than your attorneys? A No. Q Did you review anything to prepare for Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 6 of 106 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 6 today's deposition? A What do you mean? Q Did you read over the lawsuit you filed, any other documents? A Yeah. I read over a document that I have in my folder. Q Okay. What document is that? A It's the ledger that I got from the lawyer for all the things that were listed on my bankruptcy. Q Can you explain that a bit more, the ledger? A I can show it to you. Q That would be perfect? A All of my stuff is there. Q Thank you. And you said this was something you received from your attorneys? A Yeah, when we filed bankruptcy. MR. GORDON: Okay. I am going to request on the record that we be provided a copy of this because I think it's responsive to one of our document requests. If it's all right with you, I would like to enter it into the record. MR. SIEG: Sure. Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 7 of 106 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 7 MR. GORDON: Not at this point, but we'll enter it shortly. Q Let me give this back to you for the time being. If you'll hold onto it, we'll look at that a second. All right. So is that only thing you reviewed before -- A And I reviewed my statement. Q And this is the -- A Uh-huh, yeah. Q Okay. And so the only things you've reviewed in preparation for today were the report and your lawsuit? A Yes. Q Okay. Other than those documents, did you bring anything else with you to help refresh your memory? A No. Q All right. Do you understand that at this point you've been sworn under oath and you have to tell the truth? A Yes. Q Okay. And up until this point, everything you've said has been the truth? A Yes. Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 8 of 106 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 8 Q Okay. So let's go through a few background questions real quick. Would you please state your full name for the record. A Rosa Mae Pritchett. Q And have you ever gone by any other name? A Before I got married. Q Sure. A My maiden name, Rosa Roberts. Q Okay. How long were you were you married? A 34 years. Q That's very impressive. My parents just had their 34th year anniversary. And what is your current address? A 9 Wilson Circle, Newnan, Georgia 30263. Q And how long have you lived there? A 26 years. Q And we'll talk about your family a little bit. I understand you were recently widowed; is that correct? A Yes. Q And what was your husband's name? A Willie Frank Pritchett Jr. Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 9 of 106 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 9 Q And do you have any other immediate family members? A Yeah, my mom, my daughter. Q And what is your mother's name? A Charlie Rose Geter. Q And where does she live? A 275 Wallace Gray Road, Newnan, Georgia. Q So that is in Newnan? A Yes. Q And you mentioned a daughter. Is that LeKeisha Martin? A Yes. Q And where does she live? A 142 Wilson Circle. Q Also in Newman? A Newman, Georgia. Q That's nice. And what is her age? A She's 43. Q Are there any other relatives, immediate or otherwise, living in the Newnan area? A My whole family live there. Q Okay. The reason I ask is you've asked for a jury trial, and your family members Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 10 of 106 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 10 can't be members of the jury. And so for purposes eventually going to a jury trial, excluding them, I'd need to what their names are. I know you said there's a lot of them. Are we talking more than 10, 15 people? A My whole family live there. I mean, the Geters live in Coweta County? Q Okay. Then for the sake of simplicity, I think that would be a little difficult for you to -- A And the Pritchetts. The Geters, the Pritchetts, and all of them live there. MR. GORDON: I would ask then if y'all would just amend the interrogatory responses to list those individuals so that we can make sure that we don't have them on a jury. I just think it would be too cumbersome to go through that many people at this point. Q All right. So other than those, those are your only relatives living in the Newnan area? A Yes. Q Okay. What is your educational background? A High school, twelfth grade. Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 11 of 106 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 11 Q And where did go to high school? A Twelfth. Q What was the name of the school? A Oh, Western High School. Q Okay. And that was in Newnan, Georgia? A Yes. Q And did you take any college courses? A I was a parapro for 17 years, and I had to take courses for that. Q Is that more of a -- A I had to be certified. Q And what certification do you hold? A It's just a certification for parapro. It's a GED, you know, certification. Q Sure. So as paraprofessional, what did you -- A I taught kindergarten. Q Okay. And was that in Newnan as well? A Newnan. Q And what was the name of that school? A Coweta County Board of Education. Q Okay. And that was the only place you taught? A Yes. Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 12 of 106 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 12 Q And how long did you teach there? A 17 years. Q Are you now retired? A Yes. Q Okay. Are you drawing a pension? A Retirement. Q Okay. Is there any other source of income that you're currently -- social security? Medicare? A Social security. Q Do you receive Medicare? A No. Q Medicaid? A No. I'm not old enough yet. Q Any housing stipends? A No. Q Food stamps? A No. Q Welfare? A No. Q So just the retirement income from your teaching position? A Uh-huh (affirmative). Q Okay. Did you hold any other jobs over the last ten years? Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 13 of 106 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 13 A No. Q Have you ever served in the military? A No. Q Do you recall answering certain questions that were sent to you through your attorney from me? A Answering any questions, what do you mean, from you? Q Well, do you recall having ever seen this document before? A Yes. Q And did you read and review that document? A Yes. Q And is everything contained in that document true, correct, and accurate to the best of your knowledge? A Yes. (Whereupon a document was identified as Defendant's Exhibit 1.) Q I'm going to go ahead and mark that as Defendant's Exhibit 1. Okay. Did you provide all of the answers in here to your attorneys? A Yes, I did. Q Okay. And all of the answers are, as Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 14 of 106 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 14 you said, true, correct, and accurate? A Yes. Q And you made those statements under oath? A Yes. Q And do you recall signing a verification indicating the document was true and correct and accurate? A I don't recall. Q Okay. Did you sign any document that would have indicated this was true, correct, and accurate? A No, I don't think so. MR. GORDON: I also didn't find something. I wanted to make sure. I would ask that she sign under Rule 33 a verification or a statement indicating that the rog responses were true, correct, and accurate. Q We'll go through some of those just to simplify the matters as we have. One of the questions asked about prior litigation, other lawsuits you've filed. Can you tell me what those other lawsuits are. A The only thing that we ever filed was Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 15 of 106 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 15 Chapter 13. Q And do you recall those cases? A Yes. 2012 we filed for bankruptcy. Q Had you filed previously before 2012? A I can't remember if my husband did or not. I can't remember. Q If you want to take a look at interrogatory response number 4 on page 7. A (Witness complies with request of counsel.) Q The response you had lists three bankruptcy cases. A Okay. The first one was dismissed. Q Right. A Yes. Q It also mention a civil action Rosa Pritchett versus Experian Information Solutions, Inc., and Coweta Cities & County Employees Federal Credit Union. Do you see that? A Yes. That's the credit union we use. Q Do you recall filing that lawsuit? A It was filed on my bankruptcy case. Q It was part of the bankruptcy? A Yes, it was part of the bankruptcy. Q What was it about? Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 16 of 106 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 16 A It was some of the things that was listed. When we filed bankruptcy, we had to turn in all of our -- because the credit union was like a credit card. So all that had to be turned in on the bankruptcy. Q Sure. So the lawsuit was about turning in the -- A Yeah. We had to file everything that we owed when we filed Chapter 13. Q When you say you had to file everything that you owed or list everything that you owed when you filed for Chapter -- A Yes, and my credit union was one of them. Q All right. So are you describing your Statement of Financial Affairs and schedules that you filed with the bankruptcy? A The first one we did, everything had to be -- all of our credit cards and everything had to be on it. Q Okay. Have you ever seen this document before? A I don't think so. I don't know that I have or not. Yes. Q Okay. So is this different from what Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 17 of 106 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 17 you were just describing to me? A Like I said, everything that we had when we filed bankruptcy we had to put everything that we was owing on there. And my credit union just happened to be one of the things that I was paying into. Q All right. So your understanding is that the document I've just handed you was with relationship to your 2015 bankruptcy case? A Not 2015. It was the first one we filed. Now, 2015, we just filed it in November, October. Well, somewhere along in there when we went back for the last time. Q Okay. And I apologize for stating this. I just want to make sure that you and I are on the same page. All right. So for the record, what I've handed -- can you read what it says in the bold in between the two lines underneath case number on the first page? A Experian Information Solutions. Q To the right of that, the underlined in bold part. A Compliant with Jury Trial Demand. Q Okay. And the style of that case, do Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 18 of 106 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 18 you agree, it says, Rosa Mae Pritchett, Plaintiff, versus Experian Information Solutions, Inc., and Coweta Cities & County Employees Federal Credit Union, Defendants? A Yeah, I see that. Q Okay. And then above that it says, In the United States District Court, Northern District of Georgia, Newnan Division? A Yes, I see that. Q And then above that it says, Case 3:15-cv-00167-TCB? A Yes, I see that. Q Okay. Do you recall ever filing a lawsuit against, not part of the bankruptcy but outside of the bankruptcy, ever filing a lawsuit against Experian Information Solutions, Inc.? A No. Q And do you recall ever filing a lawsuit against your credit union Coweta Cities & County Employees? A No. Q Okay. That's what this is is a lawsuit filed in the District Court. So as far as you understand, you've never filed this lawsuit? Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 19 of 106 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 19 A I never filed a lawsuit against anybody. Q All right. So since you haven't filed the lawsuit, you don't know whether this has been resolved? A My credit union is settled. I mean, that was part of it. Q Part of the bankruptcy? A Yeah, and it was settled. Q And that was part of the 2012 bankruptcy? A Yes. Q Okay. And what about anything with the Experian credit reporting agency? A No. I don't know anything about Experian Credit Union. Q All right. I'd like to ask you about your 2010 bankruptcy, the one that was dismissed. Do you recall that bankruptcy? A Yes, I recall it. Q And if I told you it was Case No. 10-10166, would that sound right? A No. Q And you can check the interrogatory responses. That's where I'm getting the Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 20 of 106 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 20 information from as well. A Okay. Q Again, that would be on page 8. A No. Q You don't recall that one? A No, I don't. Q Let me go ahead and mark as Defendant's Exhibit 2 -- first, let me show you this. Does this look like a bankruptcy schedule and petition that you may have filed? A Yes. MR. GORDON: Okay. Then I'm going to go ahead and have that entered as Defendant's Exhibit 2. It's Bankruptcy Case Number 10-10166, the original petition on the Statement of Financial Affairs and schedules. (Whereupon a document was identified as Defendant's Exhibit 2.) Q Seeing this document, does that refresh your memory about a 2010 bankruptcy case? A Yes. Q I'm sorry. Yes? A Yes. Q Okay. Do you recall who your attorney was when you filed this case? Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 21 of 106 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 21 A I think we had uptown, Cotten somebody. Q Does the name H. Brooks Cotten sound familiar? A Yes. Q Would that be the gentleman you're referring to? A I guess, yes. Q Do you recall filling out these documents back in 2010? A Yes. Q Do you recall providing the information to your attorneys indicating that they were true and correct and accurate? A Yes. Q And do you recall signing this document on January 19, 2010? A Yes. We had to sign it, yeah. Q If you'll turn to page 52. MS. TZOBERI: Sorry. Do you have an extra copy? MR. GORDON: Not of the 2010, I don't. I can let you have my copy. MS. TZOBERI: If I could just review the document, please. Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 22 of 106 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 22 MR. GORDON: Sure. Q (By Mr. Gordon) So if you will turn to page 52, please. Do you see your electronic signature there? A These pages have number on them? Q Oh, I'm sorry. It's in blue at the very top. The second line would say page blank of 57. MR. SIEG: What page did you request? THE WITNESS: Page blank of 57. MR. SIEG: He was telling you the format. Q Why don't we go to page 45? How about that? I think that's a little bit closer. MR. SIEG: And for clarification, what page did you request? MR. GORDON: For clarification, I originally requested page 52. We'll go there as well. I was trying to -- MR. SIEG: Okay. And you wanted 45 as well? There we go. Q (By Mr. Gordon) So I understand that's not a wet signature. But do you recall authorizing the use of your electronic signature signed on page 52? Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 23 of 106 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 23 A I don't recall that. Q If the document shows your electronic signature, would you understand that to mean you had given authorization? A Yes. Q Okay. And that you had read the previous documents to indicate that you were signing to the best of your knowledge that what came above was being declared under penalty of perjury that the information provided in the statement was true and correct? A Yes. Q If you'll turn to page 45, please. A (Witness complies with request of counsel.) Q Do you see your electronic signature at the bottom of that page? A Yes. Q Underneath the Certificate of Debtor, "I (We), the debtor(s), affirm that I (we) have received and read this notice? A Yes. Q And this is the notice to consumers under 342 of the Bankruptcy Code. So would your electronic signature there indicate to you that Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 24 of 106 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 24 you had read this document and understood it? A Yes. Q Okay. And one more. If you turn to page 39, do you see your electronic signature there as well? A Yes. Q And can you read what it says underneath Declaration Under Penalty of Perjury by Individual Debtor? A Yes. Q Oh, can you read it out loud? I'm sorry. A "I declare under penalty of perjury that I have read the foregoing summary and schedules, consisting of 22 sheets, and that they are true and correct to the best of my knowledge, information, and belief." Q Okay. And at the bottom in the italics, can you read what that says? A "Penalty for making a false statement or concealing property; Fine of up to $500,000 or imprisonment for up to five years or both." Q Yes. Okay. And did you, in fact, read the previous 22 pages before giving authorization to sign the document? Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 25 of 106 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 A Yes. Q Okay. So as far as you understand, your 2010 schedules and Statement of Financial Affairs are true, correct, and accurate to the best of your knowledge and ability? A Yes. Q And they are sworn to under oath? A Yes. Q Okay. Do you recall why that case was dismissed? A Yes. My husband, he lost his job. And we missed a payment, so they dismissed it. But we picked it up again. Q Okay. And when you picked it up again, is that the 2012 case? A Yes. Q Okay. Had your financial circumstances changed in between the dismissal of the 2010 case and the start of the 2012 case? A Yes. He got another job. Q Okay. In the 2010 case, did you list all of your debts and assets? A Yes, the ones that we had then. Q Right. Okay. So then let's talk about the 2012 case. Do you recall filing that Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 26 of 106 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 case? And that would be Case No. 12-11364. And you feel free to look at the interrogatories to refresh your recollection. That's not going to show your 2012 case because that one came before. If you look at -- A This one? Q Yes, ma'am. MS. TZOBERI: Do we have an extra copy of that one, by any chance? MR. GORDON: Yes. Q All right. So I've handed you a document. Can you please tell me what this is? A This is the same paper that we had to fill out for the 2010. Q So is it your Statement of Financial Affairs and schedules in your 2012 bankruptcy case? A Yes. Q And is it a true, correct, and accurate copy of it? A Yes. MR. GORDON: Okay. I'm going to mark that as Defendant's 3. (Whereupon a document was identified Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 27 of 106 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 27 as Defendant's Exhibit 3.) Q So following the dismissal of the 2010 case because your husband lost his job, he then got a new job, and you filed the 2012 case; is that correct? A Yes. Q Okay. And this case was filed May 9th of 2012; is that correct? A Yes. Q And did you list all of your debts and assets in this case? A Yes. Q And is it true, correct, and accurate, as you recall? A Yes, as I recall. Q And did you review it before you signed it? A Yes. Q And did you, in fact, sign it? A Yes. Q Okay. It's an electronic signature. Do you recall giving authorization to sign this as being true, correct, and accurate? A Yes. Q And who were your attorneys in this Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 28 of 106 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 28 case? A It was -- we came up here. Q It was Berry & Associates? A Uh-huh (affirmative), same one. Q And those are your attorneys in this matter as well; correct? A Yes. Q Okay. Can you take me through the process of filling out these schedules? How did you come to list certain assets, certain liabilities? How did you know what to put? A How did we know what to put? Q Well, you had mentioned earlier when we were talking about -- A They pulled up everything on the thing, and we talked through it, and we listed them as they pulled them up. Q Unfortunately, I have to ask a little bit more because of the pronouns. But when you say "they pulled it," who is they? A The lawyer. The guy that we talked to. Q Okay. And do you recall who you talked to? A Yes. Jay -- who did we talk to? Jay. Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 29 of 106 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 29 Q Jay. Do you recall -- A Jay. I can't think of his name. Q You can't think of his last name? A No. He's in the Newnan office. He was appointed -- Q Do you know if he still works -- A Yes. Q So he is still an attorney with Berry & Associates today? A Yes. Q Okay. And so your primary contact was with Jay? A Yes. That's who we talked to, Jay. Q Okay. And you said that he "pulled it." What is it that he pulled? A We took whatever we owed, and he pulled our credit thing up on the computer. Q The credit report? A Yes. Q Do you recall how he pulled your credit report? A No, I don't. Q Do you know if he used a website like FreeCreditReport.com or something like that? A I can't remember. Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 30 of 106 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 30 Q Okay. Have you ever previously pulled your own credit report? A No. Q Okay. Did you review your credit report when he pulled it? A Yes. We did. Q Okay. And did everything on that credit report reflect your current financial status at that time? A Yes. Q Okay. And so it was from that credit report that you determined what liabilities you had? What to list in your schedules? A Yes. Q Okay. So, for example, a random one, on page 20 you've got the Coweta County Tax Commissioner, Notice Only. That's the first item on page 20. Other way. I'm sorry. A (Witness complies with request of counsel.) Q So do you see at the top where it says Coweta County Tax Commissioner? A Yes. Q And so what you're saying is that that item was listed on your credit report, and that's Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 31 of 106 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 31 how it ended up on your schedules? A Yes. Q Okay. Do you understand what everything on that entry means? A No. Q Okay. What is your understanding of the term Notice Only? A Notice Only mean that we were just notified. Q What were you notified of? A Of the tax of the property, the tax property. Q That you owed a property tax? A Yes. Q Why did you not put that amount down? A Because it was paid. Q So you paid the property tax? A No, we didn't. Our mortgage did. Q So you paid it through escrow? A Yes, the mortgage people did. Q So this was not a debt you owed at the time you filed? A No, no. Q Do you know why it was on your bankruptcy petition then? Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 32 of 106 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 32 A No, I don't. Q Okay. Is it your understanding that you did not actually personally at that time owe money to the Coweta County Tax Commissioner? A We did not. Q Okay. Why don't we take a look at page 27. A (Witness complies with request of counsel.) Q Do you see at the top there two accounts that say Wells Fargo? A Yes. Q And both of them have the account number 9601. It's at the -- A Yes. Q And then in the next column, it says Date Incurred? A Yes. Q On the first one, it says the date incurred was July 1st, 2002? A Yes. Q And the second one was April of 2003? A Yes. Q And do you see the amount of the claims as zero dollars for both? Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 33 of 106 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 33 A Yes. Q Okay. Is it your understanding that you owed money to Wells Fargo at the time you filed this case? A We did. Q Okay. Did you owe money to Wells Fargo at the time you filed your 2010 case? A Yes, because that was on the 2010 case, I think. Q All right. So I'll direct your attention back to the 2010 case, the schedules that you had for that one. If you'll look at page 30 of 57. A Page what? Q 30 of 57. A (Witness complies with request of counsel.) Q Your schedules are listed in alphabetical order. Would you agree that that's true? And you can look through the previous pages if you want to make sure that's a true statement. A Okay. Q So do you agree that this is in alphabetical order, the schedule? Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 34 of 106 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 34 A Yes. Q All right. Do you see Wells Fargo? A No, I don't. Q Why don't you take a look back at the 2012 ones at page 26? The second item down is Target Credit Card, parentheses, TC. Do you see that entry? A No. Q No? A No, I don't. You said Target? Q It says Target Credit Card. A Oh, yes, I do. Yeah. Q And can you tell me what date it says that was incurred? A 7-2001. Q And the amount of that claim? A $237. Q I think that's the wrong one? A Oh, zero. Q Zero? A Uh-huh (affirmative). Q Okay. And do you see that entered into your 2010 bankruptcy case, that that debt arose before your 2010 case was filed? A No. Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 35 of 106 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 35 Q Is it your understanding that when you filed the 2012 case, you did owe money to Target or Target Credit Card? A Target? Q Well, so looking at the -- A Target was included in my 20 -- I think it was on the 2015 or 2016. I don't know. I can't remember. Q So looking at the one with the highlights at the top, which is the 2012 schedules, due you see that it shows Target Credit Card? A Yes. Q And do you see that it shows that the date that you incurred that debt was July of 2001? A Yes. Q And you don't see it on your 2010 schedules? A No. Q Okay. Was it your understanding when you filed your second bankruptcy that you owed money to Target? A No. Q Where did the information that put Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 36 of 106 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 36 Target on here come from? A I don't know. Q Did you provide it to your lawyer? A It's the same. I guess so if it's on there. I don't know. I really don't know. MR. SIEG: I'm going to object to the form. It's been asked and answered. THE WITNESS: I don't know. MR. GORDON: I don't think she's actually answered how it got on there. THE WITNESS: I don't know. MR. GORDON: Okay. That's fine. If the answer is "I don't know," that's fine. But she hasn't actually given the answer. MR. SIEG: The answer is how this information, period, got on here, perhaps not that specific account. Q (By Mr. Gordon) So is it your understanding that the information got on here through a credit report that your attorney pulled? A I don't know. I don't know. Q Okay. But it is not your belief that in 2012 you owed money to Target? A No. Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 37 of 106 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 37 Q Okay. And if you didn't think you owed money to Target, would you have told your attorneys you owed money to Target? A No. Q Okay. If you didn't think you owed money to Coweta County for your real property taxes, would you have told your attorneys that you owed money to Coweta County? A No. Q Would you have told them that you had received notice of a need to pay money to Coweta County for property taxes? MR. SIEG: Object to the form again. You're repeatedly asking her to speculate. MR. GORDON: It's her own recollection, not speculate as to what she thought or her attorneys thought, but what she actually did. MR. SIEG: If/would sounds like speculation to me. MR. GORDON: All right. So she said that it's on here. She said that she didn't owe the money. And I'm asking if both of those things are true, then would it make sense that she would have told you, or her counsel, Jay, as Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 38 of 106 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 38 she called him, would it have made sense for her to have told Jay that she owed money to Coweta County if she didn't believe that she owed money to Coweta County. I don't think it's speculation. I think it's just following her train of thought. Q Ma'am? A When my taxes come up, Coweta County taxes come up, my mortgage automatically pay it. So I wouldn't have told them that I owe money. Q Okay. So given that you signed these schedules, how did you personally determine to put Notice Only as the amount of debt? A Because we had to take the things up there, the bills up there, the amount. I mean, they said if we had to add anything else onto it, to send the bills in. So we did. Q So you would have sent your property tax bill even though it was -- A No, I wouldn't have sent my property tax bill. Q Okay. Was the process of filling out your 2012 bankruptcy schedules the same as filling out your 2010 bankruptcy schedules? A Yes. Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 39 of 106 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 39 Q So you had said that the attorney who helped you in 2010 was H. Brooks Cotten; is that right? A Yes. Q And so did Mr. Cotten also pull a credit report before filing your 2012 bankruptcy? A I can't remember. Q Okay. Before you filed your -- scratch that. Your 2012 case had several plans before it got confirmed, I believe. Okay. Can you please describe what I'm handing you now? Ms. Pritchett, have you seen this document before? A Yes. Q Can you tell me what it is? A It's a thing that we had to -- payment plan thing. Q Would an accurate description be your Chapter 13 plan? A Yes. Q And to your understanding, is this the Chapter 13 plan that was eventually confirmed? A Yes. MR. GORDON: I'm going to mark the Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 40 of 106 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 40 2012 Third Amended Chapter 13 Plan as Defendant's Exhibit 4. (Whereupon a document was identified as Plaintiff's Exhibit 4.) Q Ms. Pritchett, what is your understanding of what this document means? A We had to set up a payment -- well, they told us how much we had to pay monthly in order to keep it, and it had to be paid adequately. Q So looking at it, you had to pay $600 a month? A Yes. Q And you paid for 36 months? A Yes. Q I notice on page 4 of 6 -- you're on the right one -- you had a 2011 Jeep Liberty that you were paying $84 a month until April 2013 to Regional Acceptance? A Yes. Q And one for Farmers Furniture that was $10 a month? A Yes. Q And down below there's Weyerhauser Mortgage/SPS? Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 41 of 106 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 41 A I don't know anything about that. Q Who is your mortgage with for your primary residence? A Select Portfolio. That's it, SPS. Q SPS is Select Portfolio? A Yes. Q All right. So this is the same? A Yes. Q Okay. And so at the time you filed your 2012 bankruptcy, you were behind on your mortgage, it says, $4,317. Does that sound correct? A Sounds correct. Q Okay. And do you see that number under box (c) just above paragraph B? A Yes. Q Okay. And the fact that it's on there tells you that that's true? A Yes. Q Okay. How did you come to be behind $4,300 between the dismissal of your 2010 case in April and the filing of your 2012 case in May? A Because Willie had lost his job, and he just had got started back. Q And what is your -- Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 42 of 106 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 42 A And we was making the payments, but we wasn't making them enough to catch up. Q Okay. So were you behind on the 2010 while -- you were in the 2010 case, you were already falling behind? A Yes, because he was lacking in work. Q Okay. During the 2012 case, did you pay off that arrearage? A Yes. Q And did you continue to make your -- A Yes. Q So when you got your discharge, you had at that point stayed current with your mortgage? A Yes. Q Okay. If you'll turn to the last page, page 6 of 6, you'll see again the /s which indicates an electronic signature. Is that /s your authorization to sign this document? A Yes. Q And does your understanding of your signature being on this document mean that the information in it is true, correct, and accurate? A Yes. Q And that you conformed to what it told Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 43 of 106 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 43 you to do? A Yes. Q When you got your discharge in the 2012 -- well, let me start with this: How did your 2012 case get resolved? What was the outcome? A Everything was paid in full. Q Okay. Is your in understanding that you received a bankruptcy discharge? A Yes. Q And what is your understanding of what a bankruptcy discharge is? A Meaning that everything was paid and we was -- it was dismissed. Q Okay. When you filed your 2015 case, what was the primary reason for filing it? A Because after we filed -- after it was discharged, we got a thing from Select Portfolio saying that our mortgage was behind again. So we went back to clear that up to make sure that that was cleared up. Q So you caught them up in the bankruptcy? A Yes. Q And even though you paid them every Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 44 of 106 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 44 single month when it came due, they still said you were behind? A Yes. Q Did you try talking to Select Portfolio before filing another bankruptcy? A Yes. And we was making the payments, but they're saying that it was not -- I don't know what was going on with Select. My husband handled that, so I don't really know what was going on with them. Q I understand. So the primary reason for filing the 2015 case was that there were issues with Select? A With the mortgage again. Q Okay. I want to take you back to the schedules, that document, the one with the yellow on top, the 2012 schedules. You see that some of them say Notice Only and some of them say zero dollars, and some of them have some actual numbers? A Yes. Q How did you determine which ones to put as Notice Only versus a number versus zero? A I don't know. Q Okay. Would you have given Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 45 of 106 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 45 information to your attorneys that said Notice Only? A No. My husband -- like I said, my husband handled all of this. Q Okay. But you signed this as well? A Yes. Q Okay. And you understand your signature indicating that everything that came before it is true, correct, and accurate? A Yes. Q But today you can't tell us whether that is true, correct, and accurate? A About some of this stuff, I don't even know. Trauner Cohen & Thomas, I don't even know none of this stuff. Q Okay. That's okay. I understand. Can you describe what I'm handing you now? A Yes. Q And what is it? A My 2015. Q This is the 2015 bankruptcy? A Yes. Q So this is the same set of documents that you filled out for the 2010 case and the Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 46 of 106 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 46 2012? A Yes. Q And is it a true, correct, and accurate representation of that document? A Yes. MR. GORDON: All right. I'm going to enter that as Defendant's Exhibit 5. (Whereupon a document was identified as Defendant's Exhibit 5.) Q You indicated you filed this case because of issues with Select Portfolio; is that correct? A Yes. Q In between the 2012 case and the 2015 case, were you having any other financial issues? A Not really. Q Were you keeping up with your other payments? A Yes. Q Were you incurring new debt that you were falling behind on? A No. Q Okay. Can you describe the process of completing your 2015 schedules, please? A Explain? Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 47 of 106 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 47 Q Sorry. So the document I handed you -- I apologize for using jargon -- it's sometimes just for shorthand called schedules. It's a series of documents including several oaths and affirmations, a Statement of Financial Affairs, Schedules H through J, and some other documents. So when I say schedules, what I'm really referring to is this document as a whole. And so do you recognize this document? A Yes. Q Okay. And can you tell me who you filed this bankruptcy case with? A Here at this office. Q And that's Berry & Associates? A Yes. Q When you say "this office," did you come to the Atlanta office this time? A Yes, I did. Q Okay. Does that mean you didn't work with Jay this time? A No, I didn't. Q You did not? A No. Q Do you recall who you did work with? Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 48 of 106 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 48 A I had -- I talked to, to my understanding, Nicholas Johnson. Q And it looks like he goes by his middle name. Nicholas is his middle name. His first name is just P, period. So how did you come to fill out this document? A What do you mean how did we come and fill out? Q Well, it's got about 45 pages worth of information. And I'm just asking what the process of filling that information in was. A When we came in, we filled out papers, and then we talked to Nicholas. Q Okay. And what were those papers you filled out? A The same as these papers, like -- Q So all of the information appearing in here is information you provided? A Yes. Q Okay. And so everything in here you're familiar with? A Yes. Q Okay. If you'll take a look at page 16. Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 49 of 106 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 49 A Okay. Q Do you see the second item down, a Bank of America account? A Yes. Q And the account number is 1427? A Uh-huh (affirmative). Q And that it was incurred in September of 2001 or 09-21? A Yes, I see. Q The amount of claim is zero dollars? A Uh-huh (affirmative). Q Why did you include that on this bankruptcy? A I don't know why they put this back on here. I don't know. Q All right. Do you recall that this same account was on your 2012 bankruptcy, account ending 1427 incurred in September of 2001 for zero dollars? That's page 17 of 52 of Exhibit 3. MR. SIEG: I'm sorry. What page? THE WITNESS: 17 of 52. Q It's the third from the bottom, fourth from the top. Does that look the same to you as the one in the 2015? A Yes. Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 50 of 106 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 50 Q And since you got your discharge in the 2012 case, would that debt, if it had been for an amount still been owing -- let me rephrase. I'm sorry. That was a bit confusing. Because you listed this in your 2012 case and the end of your 2012 case was that you got a discharge, you shouldn't have owed any money for that account; right? A And I don't owe any money in this one, 2015. Q Right. But you didn't in 2012. Just scratch that. We can move on from that. So you're not sure how this came to be on here? A No. Q Okay. When you signed this, did you sign it in person or over the phone? A We sign it in person. Q Okay. And you gave your express authorization to sign each and every document? A Yes. Q In the looking at the 2012 bankruptcy, page number 2, do you see at the top where it says, "All prior bankruptcy cases filed within the last 8 years"? Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 51 of 106 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 51 A Yes. Q Okay. And do you see below that where you've listed your 2010 bankruptcy case? A Yes. Q Okay. I'm going to turn your attention to the 2015 schedules -- that's the one in front of you -- also page 2. And do you see where it says on that, "All prior bankruptcy cases filed within the last 8 years"? A Yes. Q Okay. And what do you see listed there? A What do I see listed here? Q Sure. Underneath "All prior bankruptcy cases filed within the last 8 years," can you tell me what's listed there? A Nothing. Q There's a space for two entries. It's the same as it was on the 2012 one. A There's nothing listed. Q Above where you're looking, do you see where it says, "Location Where Filed: NDGA"? A Yes. Q Okay. And then in the next column it says? Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 52 of 106 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 52 A Case, the case number. Q And that's your 2010 case? A Yes. Q All right. And that was filed January 19th, 2010? A Yes. Q All right. Do you have listed there your 2012 case? A No. Q Do you know why you don't have your 2012 case listed? A No. Q Is it your understanding that you didn't need to list your 2012 case? A Yes. Q You did not need to list that there? A No. Q Why not? A It was dismissed. I mean, it was discharged. I mean, why would you go back and list it? Q Okay. So if you'll turn the page, do you see your signature underneath your husband's? A Yes. Q And can you read for me the paragraph Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 53 of 106 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 53 above it, just the first sentence? A "I request relief in accordance with the chapter of title" -- Q I'm sorry. The first sentence. A "I declare under penalty of perjury that the information provided in this petition is true and correct." Q Okay. And the information you provided was true and correct? A Yes. Q You had mentioned a gentleman named Jay. Was his last name Davis? A Yes. Q Okay. And did you ever meet with him in person? A Yes. Q Did you ever talk to him? A Yes. Q Okay. And how often did you speak with him before you filed your 2012 case? A Before we filed? Right after we filed and if something came up that I had to come back and talk to him about. Q So two times? A Yes, about my tax refund. Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 54 of 106 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 54 Q Sure. Sure. Have you talked to him about anything other than your bankruptcy case, your 2012 case? A No. Q And you mentioned a Nicholas. Did you ever meet with Nicholas in person? A Yes. Q And you spoke with Nicholas? A When we filed. Q And how often did you speak with Nicholas? A Once. Q And that was when you filed? A Yes. Q Have you ever talked to him about anything other than the bankruptcy cases? A No. Q And do you know who Matthew Berry is? A No, I've never met him. Q Do you see Mr. Berry's name on the document in front of you? A Yes. Q You've never met him? A I've never met him in person. Q You've never talked to him? Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 55 of 106 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 55 A No. Q You've never talked to him about anything at all? A No. Q You didn't discuss your bankruptcy case with him? A No. Q Okay. Are you okay to keep going? Do you need to take a break? A I'm fine. I'm just worried about my mom. Q I understand. I promise I'm going as quickly as I can. MR. SIEG: David, so that we can gauge maybe an appropriate time for a break, can you give me a ballpark of how much longer you expect this to go? MR. GORDON: Sure. We might be about halfway. MR. SIEG: All right. Let's go ahead and take a break so that we can stretch our legs, use the restroom, whatever. MR. GORDON: Sure. (Proceedings in recess, 11:37 a.m. to 11:47 a.m.) Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 56 of 106 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 56 MR. GORDON: We are back on the record at 11:47. Q (By Mr. Gordon) Before we move on, I just want to revisit one thing you mentioned about your schedules. You had said you didn't know how the term Notice Only got there or how certain zero dollars got there. A No. Q Does that mean to you that the lawyer just put it on there without your knowing why? A I assume that the zero notice was because it was paid out. Q But you didn't tell your lawyer to put that there? A No. Q So if it's there and you didn't tell him to put it there, does that mean he just put it there? A I guess, yeah. MR. GORDON: Okay. And then one other thing. I want to go back, and one of the first things we had talked about was the Experian Information Solutions, Inc., and Coweta Cities and County Employees Federal Credit Union lawsuit. So I want to go ahead and mark that Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 57 of 106 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 57 Defendant's Exhibit 6. (Whereupon a document was identified as Defendant's Exhibit 6.) THE WITNESS: Can I ask you something? MR. GORDON: Sure. I not necessarily can answer, but you can ask. THE WITNESS: Why is this credit union stuff coming up when it's already been dealt with, when it's already been accepted? MR. SIEG: I understand your concern. THE WITNESS: Okay. MR. SIEG: It's all right. I'm going to ask to strike that. MR. GORDON: I'm going to ask that it stay on the record. If we need to resolve that with the judge, we can after; but I'm going to ask that that stay on the record. Q (By Mr. Gordon) All right. And I'm not going to talk about the civil suit now. I just needed to make sure I had that as an exhibit. So if you'll go back and take a look at your 2015 bankruptcy schedules? MR. SIEG: Exhibit 5? Q Yes, this is Exhibit 5. Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 58 of 106 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 58 A Okay. Q You've got listed on page 16 a Bank of America account that we talked about for zero dollars. A Okay. Q All right. Do you know when that account was paid off? A No. Q Do you know whether you filed a lawsuit against Bank of America? A No. Q You don't know whether you filed one or you did not file one? A I did not. Q Okay. If you look at the entry below that, you'll see Citibank/The Home Depot. Do you see that one? I'm sorry. Still on page 16, ma'am. A Okay. Q Six more pages in, and you see that third entry down is Citibank/The Home Depot? A Yes. Q It has account number 5149? A Yes. Q And it's also listed for zero dollars? Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 59 of 106 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 59 A Yes. Q Do you know what that was a debt for? A It was a credit card, I think. Q Do you know when that credit card was paid off? A No, I don't. Q Do you know if that credit card was in your name or your husband's? A I can't remember. Q Did you sue Citibank/The Home Depot under the Federal Debt Collection Practices Act? A No. Q Did you sue them under the Federal Reporting Act? A No. Q Okay. On the next page, it's page 17 of 46 on Exhibit 5, do you see the third entry down, Coweta Cities and County? A Yes. Q Looks like account number 4621? A Yes. Q Do you see the amount as zero dollars? A Yes. That's the credit union. Q That's the credit union? A Yes. Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 60 of 106 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 60 Q Okay. Is that the credit union that we talked about a lawsuit earlier? A Yes. Q That's the same credit union? A Yes. Q Okay. And do you know when they were paid off? A Should have been 2010. Q And that would have been before your bankruptcy or during your first bankruptcy? A During that 2010 bankruptcy. '12, 2012. Q The 2012 bankruptcy? A Yeah. Q Okay. And you see that you've got that listed four times on there with four different account numbers? Items two, three, four, and five on that page. A Yes, I see it. Q Okay. And each of those is the same entity, that Coweta County Federal Credit Union? A Yes. Q Okay. And these accounts were part of your 2012 bankruptcy? A I'm thinking yes. Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 61 of 106 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 61 Q Okay. Do you see the bottom entry on that page and the top one on the next page says Dsnb? A Macy's. Q Macy's. That's right. Do you know what that account is for? A It was a credit card I had. Q Okay. And that was from 1978, is that correct, the one on page 17? A 1978, yes. Q Okay. And the one on the following page was from 1984? A Yes. I think these were listed, yeah. Q Okay. And were these accounts included in your 2012 bankruptcy? A I think so. Q Feel free to take a look. MR. SIEG: What are we looking for? MR. GORDON: Page 24. THE WITNESS: Macy's. Q (By Mr. Gordon) So looking at the 2012 bankruptcy, do you see that that's account 3020? A Yes. Q And that it was incurred in August of Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 62 of 106 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 62 1978? A Yes. Q All right. And then looking back at the 2015, the bottom one on page 17, do you see that that's account 3020? A Yes. Q And that it was incurred in August of 1978? A Yes. Q Is it your understanding that that's the same account? A Yes. Q Is it your understanding that you didn't owe any money on that account? A Yes. Q Do you know why that was put on your bankruptcy schedules? A No. Q Do you believe that it was because your attorneys put it on there? A They had to. Q When you say, "they had to," do you mean -- A Because I didn't. Q Okay. So they had to have put it on Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 63 of 106 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 63 there? A I'm guessing, but, yeah. Q All right. Do you see on your 2015 schedule on page 18, third item down, Ginnys/Swiss Colony, Inc.? A Yes. Q Do you know what that was for? A Yes. Q And what was it? A It was Seventh Avenue. Q And what was the debt to Seventh Avenue? A It was 300-and-some dollars. Q What was that for? A (No response.) Q Ma'am? A Seventh Avenue. Q Right. So what was it that the $300 was for? A It was a charge, like I ordered something. And they put it on the bankruptcy. Q Okay. So looking at the 2012 bankruptcy schedules, page 25, do you see at the bottom of page 25 a Seventh Avenue debt listed? A Yes. Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 64 of 106 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 64 Q Okay. And do you see that address as 1112 7th Avenue, Monroe, Wisconsin 53 -- A Yes. Q Sorry. I've got to read it out loud. Monroe, Wisconsin 53566-1364? A Yes. Q Okay. And the amount is $280.27? A Yes. Q Okay. Is that the same account, if you'll turn to page 22, the Ginnys/Swiss Colony account listed in your 2012 bankruptcy? MR. SIEG: Can you give her a page number. Q Sure. It's 22. A 22, Ginnys/Swiss Colony, yes. Q Okay. Is that the same account as the one listed on page 25, the Seventh Avenue account? A Yes. Q Why list it twice? A I don't know. Q Before filing this bankruptcy, who did you believe you owed $280.27 to? A Seventh Avenue. Q Had you heard of Ginnys/Swiss Colony Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 65 of 106 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 65 before? A No. Q Do you see that the Ginnys/Swiss Colony entry on page 22 also has the address 1112 7th Avenue, Monroe, Wisconsin 53566? A Yes. Q Is that the same address as was listed for Seventh Avenue on page 25? A Yes. Q On the 2015 bankruptcy, that's the one under your hand -- A Yes. Q -- if you take a look at page 18, do you see Ginnys/Swiss Colony listed there again? A Yes. Q Is it your understanding that that is the same account as was listed in the 2012 bankruptcy? A Yes. Q Would that account have been discharged in the 2012 bankruptcy? A Yes. Q Did you at any time owe any money to Ginnys/Swiss Colony? A No. Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 66 of 106 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 66 Q At this time, did you know what Ginnys/Swiss Colony was? A No. Q Would you have told your attorneys to put Ginnys/Swiss Colony onto this bankruptcy schedule? A No. Q Okay. And the address of Ginnys/Swiss Colony on the 2015 bankruptcy, is it the same as it was in the 2012 bankruptcy? A Yes. Q Okay. And that's 1112 7th Avenue, Monroe, Wisconsin? A Yes. Q Okay. And so we've discussed the three previous bankruptcies: your 2010, your 2012, and your 2015. We've talked very briefly about the civil case that was filed in 2015. Are there any other lawsuits that you have ever been a party to? A No. Q Drawing your attention to the 2010 bankruptcy schedules, and that's Exhibit 2 -- MR. SIEG: Do you have an extra ray copy of the 2010? Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 67 of 106 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 67 MR. GORDON: I don't. I'll be happy to give you mine. MR. SIEG: I'll happily take your copy. Q (By Mr. Gordon) So if you'll turn to page 9, you'll notice several lawsuits listed. There you go, right page. At the very bottom, you'll notice several lawsuits listed. Do you see what I'm talking about? A Yes. Q And were those garnishment proceedings against both you and your husband or against just your husband or against just you, if you recall? A I can't recall. Q Okay. When you filled out the 2010 bankruptcy schedules, you had indicated they were true, correct, and accurate; is that right? A Yes. MR. SIEG: Asked and answered. Objection to form. Q Yes? Sorry. A So what are you asking me? MR. GORDON: If you could read back the question. (Whereupon the court reporter read back Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 68 of 106 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 68 the referred-to portion as follows:) Q Okay. When you filled out the 2010 bankruptcy schedules, you had indicated they were true, correct, and accurate; is that right? (Whereupon the reading back was concluded. A Oh, yes. Yes. Q Thank you. So the three lawsuits listed at the bottom of that page, those are actual lawsuits; correct? A What you mean lawsuits? I mean -- Q Somebody sued you -- I suppose it says what it says. A Are you asking me did somebody sue me or did I sue someone? Q I'm asking if those three entries represent lawsuits. A I don't know. I mean -- Q Okay. That's fine. If you don't know, you don't know. A I don't know. MR. GORDON: I would ask counsel to review the 2010 schedules and possibly amend the interrogatory response about previous litigation. Q Are you okay to keep going? A Yes. Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 69 of 106 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 69 Q Okay. Prior to your 2012 bankruptcy, did Ginnys/Swiss Colony, Inc., Seventh Avenue, or CBS attempt any collection efforts against you? A No. Q During the 2012 bankruptcy case, did Ginnys/Swiss Colony, Seventh Avenue, or CBS attempt any collection activity against you? A Before we filed? Q Before you filed? A Before we filed bankruptcy? That's what you're asking me? Q No. So you said before the 2012 case, they had not? A No. Q And so now I'm asking during the 2012 case. A No. Q And what about in between the end of the 2012 case and before the 2015 case? A No. Q How about during the 2015 case? A No. Q How often do you independently, and by that I mean without anyone else telling you to, do you check your credit record? Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 70 of 106 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 70 A I don't. Q Before you filed your 2012 bankruptcy, had you ever checked your credit report? A No. Q Okay. Who did request your 2012 credit report? A Who requested it? Q Yes. A No one requested it. Q Nobody -- A Requested my credit report? Nobody. Q Okay. How did you get the entries for your 2015 bankruptcy? A How did we get the entries? Q The creditors. How did you determine which creditors to list on your bankruptcy? A We had them. I mean, we had the -- I guess Willie did. I don't know. I guess my husband did. I don't know. Q Okay. Do you recall having your credit report run in September of 2015? A Credit report run in -- I don't know. You said 2017? 20 what? Q September of 2015. A 2015. No, I don't remember having it Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 71 of 106 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 71 run. Q All right. Do you recall having it run in October of 2015? A No. They probably did it automatically if I applied -- I applied for a card, so they probably did it automatically. But I don't remember giving anybody -- Q When you say "they," do you mean the credit card company? A When I applied, yes, they probably did it automatically. Q Do you recall which credit card you applied for? A I had one with Belks. Q Belks? A Uh-huh (affirmative). Q And so they would have pulled your credit report at that point? A Probably, and I think Target. No. JCPenney. Q JCPenney? A Yeah, Belks and JCPenney. Q Do you recognize what I am showing you now? A Is this the same thing? Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 72 of 106 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 72 MR. SIEG: Are you going to give me a copy of that? MR. GORDON: If I enter it into evidence, I will. Q (By Mr. Gordon) Ms. Pritchett, do you recognize what I've handed you? A Yeah. These are some of the documents I got in the mail. Q And was the first time you saw them in the mail? A Yes. MR. GORDON: I'm going to enter the document into the record as Defendant's Exhibit 7. (Whereupon a document was identified as Defendant's Exhibit 7.) Q Ms. Pritchett, can you please read what it says in the bold on the first page within the two lines? A Complaint With Jury Trial Demand. Q That's the one. And can you read what the case number is? It's listed above it. It's a silly set of numbers and letters, but if you'll read what it says, please. A Okay. 3:15-cv-197-TCB-RGV. Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 73 of 106 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 73 Q Perfect. Ms. Pritchett, I'll direct your attention to paragraph 25. Can you please read paragraph 25? A "On or about September l, 2015, Plaintiff obtained a copy of her consumer report as published by Equifax." Q And is it your understanding that you are the Plaintiff? A Yes. Q Okay. So is it fair to say that on September 1st you got a copy of your consumer report? A Yes. Q Okay. So the question that I asked before about the September credit report, September 2015, what I was referring to was that one. Do you remember running it then? A I didn't run it. Q Who ran it? It says, "Plaintiff obtained a copy." So I'm trying to understand how you obtained it. A I don't know, but I got a copy in the mail. I don't know. Q It was just sent to you? A Yes. Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 74 of 106 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 74 Q You did not request it? A No. Q All right. If you'll look at paragraph 31, please. A (Witness complies with request of counsel.) Q Will you please read paragraph 31 up until the parentheses? A " On or about October 9, 2015, Plaintiff obtained a copy of her consumer report as published by Experian Information Solutions, Incorporated." Q All right. And so, again, you would understand yourself to be Plaintiff in that paragraph? A I didn't request it. Q I promise we'll get to that. We've got to -- A No, no, no. Q And did you request your consumer report? A No. Q Do you know who did? A No. Q Okay. Did you read the consumer Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 75 of 106 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 75 report when you did get it? A Yes. Q And what did it say? A It was just like they showed me the copies of everything. Q Did you understand what all of that meant? A No, because I sent them in to my lawyer. Q And which lawyer did you send them to? A I sent them here. Q And "here" is Berry & Associates? A Yes. Q And who did you address them to? Just Berry & Associates? A Yes, Berry & Associates. Q Not a specific lawyer? A No. Q Okay. But you don't know why you received your credit reports? A No. Q Why did you send them to your lawyers? A After I was discharged, my lawyers was keeping up with whether they was reporting the right thing. Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 76 of 106 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 76 Q Is it your understanding that your lawyers requested your credit report then? A My lawyers, they was keeping up with whether they was reporting the right thing on my credit after they had dismissed everything. So they was keeping up with whatever. And every time I get one, I would send it in to them to make sure. Q All right. So did they ask you to send them in or was that something you did independently? A Well, they had asked me to send in everything that I got from Equifax to make sure that they was pulling the right thing. Q Do you know why you were asked to send it in? A No. Yeah, to make sure that everything was -- MR. SIEG: Objection. Privilege. Q Let me rephrase that. Did you ever give authorization for somebody to pull your credit report? A Yes, I mean, my lawyers. I told them I'll be fine for them to keep up on track of what was reported and what was not reported. Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 77 of 106 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 77 Q All right. So did they pull your credit report? MR. SIEG: Objection. Privilege. MR. GORDON: I'm not asking what was said. She said she doesn't know how she got it in the mail, and now it sounds like she does. I'm just trying to understand. A What I'm saying is that my lawyers told me everything that I get from Equifax or I Experian to send back to them because they was reporting something that -- you know, keeping up with what was reported dismissing and what wasn't. Q Okay. Did you pay for your credit report to be -- A No, I didn't. Q And you did not ask for the credit reports, not from Experian -- you did not send a request to Experian -- A I didn't ask Experian or Equifax for anything. Q Okay. And you do not know who did? A No. Q You just know that one day you opened up your mailbox and there it was. Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 78 of 106 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 78 A They were there, and I would send them to my lawyers. Q And your lawyers had asked that you send them in? A Yes. Q Is it your understanding that your credit report showed the Seventh Avenue debt even after your 2012 bankruptcy? A After my 2012? Q So I'll take this step-by-step. I think that was too big of a question. In 2012, you listed Seventh Avenue on your bankruptcy petition. That's Exhibit 3. And you listed Seventh Avenue, which we've agreed are listed twice, once as Ginnys/Swiss Colony on page 22 and once as Seventh Avenue on page 25. So is it your understanding that even after that bankruptcy case, Seventh Avenue was still listed on your credit report? A It was my understanding that it was taken care of. Q Okay. And why did you believe that? A Because it came back as zero negative in my thing right here. MR. GORDON: Okay. So I'm going to go Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 79 of 106 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 79 ahead and admit this at this point. Let the record show Ms. Pritchett's handed me a document from CIN Legal Data Services entitled Consumer Liability Report. I'll mark that as Defendant's Exhibit 8. (Whereupon a document was identified as Defendant's Exhibit 8.) Q Ms. Pritchett, do you happen to have any extra copies of this with you today? A No. MR. GORDON: Counsel, do you happen to have a copy of this report? MR. SIEG: Not in my immediate reach, but I can get it. MR. GORDON: Okay. I think we can try and do with that. Q (By Mr. Gordon) I'll hand that back to you in a second, ma'am. A Okay. Q So do you know what this report is? A It's showing everything that was taken care of during my discharge. Q All right. On the first page underneath the three pie charts, there's a number that says Existing Credit Score. Can you tell me Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 80 of 106 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 80 what that number is? A My monthly payment type? Oh, you're talking about existing credit score, 597. Q I'm sorry. We're going to be handing it back and forth. Do you understand what means? A That's my score. MS. TZOBERI: David, do you want to take a break, and I can make a copy of that for you? Would that be easier? MR. GORDON: I think that would make this a lot easier. Thank you. (Proceedings in recess, 12:14 p.m. to 12:21 p.m.) MR. GORDON: I think we're ready to go back on the record. Q (By Mr. Gordon) Ms. Pritchett, while we were off the record, your attorney was pointing to something on one of the exhibits. I believe it was Exhibit 7. Can you tell me what he was pointing out to you? A Pointing out to me? Q It looked like the two of you were sharing a comment on Exhibit 7. I was curious what it was. A No. He was looking at that Seventh Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 81 of 106 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 81 Avenue. Q Okay. I was just checking. A So what you was asking me about? Q Let's see. Okay. So before we get that, let's take a look at the consumer report that you provided. It's now labeled as Defendant's Exhibit 8. Do you see at the top it says CIN Legal Service, and you indicated that it said your credit score was 597 at the time this was run. If you'll turn to page 2, you'll start seeing the names of creditors on here; is that correct? A Yes. Q And what was your understanding of what their existence on this report means? A The balance on all these accounts. Q So if we take a look at your 2015 bankruptcy schedules starting on page 16 and including through page 19, including page 19, would you agree that every single entity on your bankruptcy schedules also appears on this report? A Starting on page what? Q 16. Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 82 of 106 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 82 A Yes. Q Did you request this report, Exhibit 8? A Did I request this one? Q Yes, ma'am. A No, I didn't request it. Q Okay. Have you seen this before today? A Yes. Q How did you come to be in possession of it? A It was in my file when I applied. My lawyer put it in my folder. Q So you received this from your attorneys? A Uh-huh (affirmative). Q And was that Berry & Associates? A Yes. Q And let's see. The date on it says copyright 2015. Would this be with regards to your 2015 bankruptcy case? A Yes. Q So did you receive this from Nicholas? A Yes. Q Before you received this report, were Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 83 of 106 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 83 you aware of a debt outstanding to Seventh Avenue? A No. Yes, I guess. Yeah. Yes, I did. Q You believe that you owed something to Seventh Avenue? A No, I don't believe I owed anything to them. It was paid out. Q And that was in the 2012 bankruptcy? A Yes. Q Okay. When you pulled the credit report, did it show Seventh Avenue still listed as -- MR. SIEG: Objection to form. You're mischaracterizing her testimony. She didn't pull the credit report. MR. GORDON: That's fair. I'll rephrase. Q When you reviewed the credit report before you sent it in, did you notice Seventh Avenue still listed on there? A Did I notice they were still listed on -- yes, I did. Q And that was incorrect. They should not have been on there? A They shouldn't have been on there. Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 84 of 106 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 84 Q And that's because in the 2012 case, it got paid out? A That's right. Q And so would it be fair to say it was a false statement on your credit report? A It was paid out on my credit report. I mean, it's zero balance. It says zero balance on there. Q It showed zero balance? A Yes. Q But it was still listed on there? A It was still listed on there. Q Were all of the debts that were paid out in your 2012 bankruptcy case listed on there or just some of them? A All of them was listed that was paid out. Q So if we look at the 2012 bankruptcy case, and that's Exhibit 3, I notice an account on page 22. It shows GMAC. It's account number 6066. Do you see that? A GMAC on page 22? Q And this is the 2012 case. MR. SIEG: What page are you on, David? Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 85 of 106 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 85 MR. GORDON: 22. Q Okay. So do you see the GMAC account? A Yes. Q And you see it listed as zero dollars? A Yes. Q Do you see the GMAC account listed on the Consumer Liability Report, Exhibit 8? A I don't see GMAC, but I see Regional Acceptance. Q And what who was -- A Yes. Q So that's the same account? A Yes. Q Okay. How about on page 23 of your 2012 bankruptcy, I see a Madison Credit Bureau. That's the second entry down underneath LVNV. A Yes, I see it. Q Okay. And it was listed for $58. Do you see that? A Yes. Q Do you see that one listed on the Consumer Liability Report or any other debt that's represented for it? A No. Q So is it fair to say that not every Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 86 of 106 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 86 single one of the accounts that were paid in the 2012 ended up on this report? A I don't know. Q Well, do you know why some of these are on this report? A No, I don't. Q Do you know what it means that they're on this report? A I assume that it meant that all of them was paid. Q When you reviewed the credit report that showed Seventh Avenue still listed, do you recall what it actually described the entity as? A Explain to me. Q So in your 2012 bankruptcy, you list two entities at the same address, that we agreed were the same address. You list Ginnys/Swiss Colony on page 22, and you list Seventh Avenue on page 25. So what I'm asking is: Do you know which up of those was listed on your credit report? A Seventh Avenue. Q Okay. And is that the same Seventh Avenue as was listed in your 2012 bankruptcy Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 87 of 106 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 87 case? A Yes. Q And should it have still been listed on your credit report? A No. Q Do you know if your credit report showed Ginnys, Inc.? A Well, I didn't realize it until it's Seventh Avenue, but it's the same thing. It was listed on here as the same thing, the same company, Ginnys/Swiss Colony and Seventh Avenue. Q So above where you're seeing Ginnys/Swiss Colony, can you tell me what it says above there? A Corporate Bankruptcy Department. Q Okay. So Ginnys/Swiss Colony is, to your understanding, the bankruptcy department for Seventh Avenue? A Yes. Q And that's why they have the same address? A Yes. Q Okay. So the credit report, it would have shown Seventh Avenue as still on there but Ginnys/Swiss Colony as the bankruptcy department? Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 88 of 106 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 88 A I have no idea. All I know is Seventh Avenue was paid out. And when I got my thing, it had Ginnys/Swiss Colony on it. Q Okay. So did it have only Ginnys/Swiss Colony or did it also have Seventh Avenue on it? A Well, it had all three on them. Q All three are on there. Okay. So looking at the 2015 schedules, I see that you've listed Ginnys/Swiss Colony, Inc., on page 18. So you see that? A Page 18? Q Yes, ma'am, of the 2015 schedules. That's Exhibit 5. A I see it on there. Q Okay. Do you see Seventh Avenue listed anywhere in your schedules, your 2015 schedules, Exhibit 5? A Yes. Q Where is Seventh Avenue? A Right here. Q Can you tell me the page? Just for the record, can you name the page number? A 25. Q I show on page 25 as Schedule J, your Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 89 of 106 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 89 expenses. I don't think we're looking at the same document. What exhibit are you looking at? What does it say on the first page, the little blue sticker? A 2015. MR. SIEG: That's Exhibit 3. Q If you'll look at Exhibit -- A '15? Q Yes. The 2015, Exhibit 5. I'm sorry. If I wasn't clear, that's my fault. If you'll look at the 2015. A No. Q So Seventh Avenue is not listed on the 2015 schedules? A No. Q Okay. Do you know why you listed Ginnys/Swiss Colony and not Seventh Avenue? A I don't. Q Did you make that decision? A No. Q Do you know who would have made that decision? A No. Q Do you believe it was your attorneys who made that decision? Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 90 of 106 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 90 MR. SIEG: Objection as to form. She's already told you she doesn't know who made the decision. A I don't know. Q Looking back at the consumer report, what did you do to attempt to correct the error of having Seventh Avenue still on there? A Nothing because it was paid. It said zero balance. Q You didn't think you needed to take any steps to get it removed? A No, I didn't. Q Did you tell anybody that you thought it did? A When it said zero balance, no, I didn't. Q Did you do anything to try and contact Seventh Avenue or Ginnys/Swiss Colony? A No. Q Did you ever tell CBS about the debt still being listed on your credit report? I'm sorry. CBS, once again, being Paul Mason and Associates, Inc., doing business as Creditors Bankruptcy Service. That's CBS. A No. Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 91 of 106 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 91 Q So the debt was still listed on your credit report; right? Even though it was zero, it was still listed on there? A Yes. Q And then you scheduled the debt for zero on your 2015 schedules; correct? A I didn't. Q Do you know who did? A No. Q Did you sign your schedules? A Did we sign them? Q Yes, ma'am. Does your signature appear on the 2015 schedules? A Yes. Q And what does that mean to you that your signature appears? A Evidently I signed it, yeah. Q Do you recall signing it in person? A Yes. Q Okay. Do you believe that by signing it, you were affirming that everything contained in it was true, correct, and accurate? A Yes. Q Would it be fair for someone else to rely on your affirmation that everything in there Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 92 of 106 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 92 was true, correct, and accurate? Is that fair for someone to rely on that? A No. Q It's not fair for someone to rely on your sworn oath? A I mean, yeah, yeah. You're right if it say that. Q Do you blame CBS for the appearance of the Seventh Avenue debt on your credit report? A Yes. Q Why was it CBS's fault? A I mean, it's not my fault. It's paid out. I mean, why would it keep appearing? Q Well, I'm not saying it's nobody's fault. It's certainly someone's fault. A It's somebody's fault, yeah. Q But why is it CBS's fault? A I don't know who CBS is. I mean, you know, it's somebody's fault. It's not mine. I did my part. It's paid out. Q I agree. You're one of the cases that you completed your Chapter 13. A Yeah. I did my part. It's paid out, and I've got it in writing. It's paid out. Q Okay. So you blame somebody for it Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 93 of 106 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 93 being there but you don't know who? A Who else could it be? The company? They're trying to double dip. Q Which company do you mean? A Seventh Avenue. All three of them appearing on my paper. All three of them are appearing on there: Seventh Avenue, Ginnys/Swiss Colony. All of them appearing in the same -- on the same paper. Q Okay. Does the company Paul Mason and Associates, Inc., doing business as Creditors Bankruptcy Service appear on that piece of paper? A Yes. Q Where do they appear? A No, they don't. I don't see them. Q They're not on there? A No. Q Do you know what Paul Mason and Associates, Inc., doing business as Creditors -- A No, I don't. MR. SIEG: Let him finish the question. Q I'll repeat it. Do you know what Paul Mason and Associates, Inc., doing business as Creditors Bankruptcy Services is? Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 94 of 106 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 94 A No. Q Have you ever interacted with them before, before this case? A No. Q Do you think it would be fair for them to rely on your sworn schedules? A Ask me that again. Q Sure. So we talked about earlier that you swore that everything in your schedules were true, correct, and accurate. A Yeah. Q And then I asked you if you thought it was fair for someone to rely it, and you said it was. A Yes. Q So I'm asking: Would it be fair for Creditors Bankruptcy Services to rely on your sworn word? A Yes. Q Okay. When you filed the 2015 bankruptcy case -- scratch that. Do you recall a Proof of Claim being filed in the 2015 case by Creditors Bankruptcy Service? A Yes. Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 95 of 106 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 95 Q How did you come to find out about that Proof of Claim? A I received it, I think. I think I received the Proof of Claim. Q And how did you receive it? A I was contacted in December. Q Who contacted you? A My lawyer. Q And your lawyer is Berry & Associates? A Yes. Q Okay. When you found out that they had filed a Proof of Claim for Seventh Avenue, what did you do? A I got angry. I got really mad because it was supposed to have paid out. Q Did you talk to your lawyers about that? Don't tell me what you said. You can't tell me what you said. But did you talk to your lawyers about your anger? A Yeah, I did. Q Why did you immediately file a lawsuit against them as opposed to any other remedy? A Because it should have been taken care of. It should have been taken care of in December, and I shouldn't have to be going Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 96 of 106 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 96 through this again. Q Was it your idea to file a lawsuit? A Yes. Q Did you believe there was no other way to resolve this matter? A That's right. Q The only way to resolve this matter was to file a lawsuit? A Yes. MR. SIEG: Objection as to form. Asked and answered. Q What is your current billing arrangement with Berry & Associates? MR. SIEG: Objection. That's privileged. MR. GORDON: No. There's case law. As far as the actual arrangement you're asking for in attorneys fees, we're entitled to know what the arrangement is. MR. SIEG: All right. A Can you ask me again? MR. GORDON: Can you repeat the question? (Whereupon the court reporter read back the referred-to portion as follows:) Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 97 of 106 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 97 Q What is your current billing arrangement with Berry & Associates? (Whereupon the reading back was concluded.) A What you mean billing? You mean, what do I pay them? Q Sure. A $400 a month. Q Is that the bankruptcy payments? A Yes. Q Okay. So outside of the bankruptcy, for this civil lawsuit, the lawsuit you have against my client, Consumer Bankruptcy Services, what is your billing arrangement for this matter, not the bankruptcy? A I don't have a billing arrangement. Q You don't receive bills for the legal work being done? A (No response.) Q So today your attorneys are here representing you at the deposition. Do you anticipate receiving a bill from them for their appearance here today? A I don't know. Do I? Q Have you discussed this with your attorneys? Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 98 of 106 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 98 A No. We haven't discussed anything. Q Have you paid them any money for this lawsuit? A No. Q Do you expect to pay them any money for this lawsuit? A Will I have to? I mean, I don't even know why I'm here. Okay? I mean, what -- the thing is settled. I mean, to me it's done. Q When you say it's settled, how is it settled? A I mean, to me it should have been settled. I mean, it should have been settled. Q Okay. Let me try this one different way. MR. SIEG: Ms. Pritchett, just answer his question as directly as you can, and we're going to wrap this up very quickly. Aren't we? THE WITNESS: Okay. MR. GORDON: It takes as long as it takes. I have seven hours. If it takes seven hours, which it shouldn't, I get seven hours under the Federal Rules. I can try. Q (By Mr. Gordon) I'm sorry to keep Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 99 of 106 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 99 trying to get at this. What I'm trying to understand is what is your attorney fee arrangement with Berry & Associates for the civil litigation? A I don't have an attorney fee. Q Okay. Do you know what happens if you lose this lawsuit? A No, I don't. Q Do you know what happens if you win this lawsuit? A No. Q Okay. Do you know if you've settled any of your claims with my client's codefendants? A (No response.) Q Do you want me to rephrase that? A Yes. Q So if you take a look at Exhibit 7, it was the Complaint you filed. So what you see is Equifax Information Services, LLC; Warehouse Home Furnishings Distributors, Inc. DBA Farmers Furniture; Seventh Avenue, Inc. and Paul Mason and Associates, Inc. DBA Creditors Bankruptcy Service. What I'm asking for is: Except for Paul Mason and Associates, have you settled with Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 100 of 106 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 100 any of the other Defendants? A No. Q So as far as you know, those Defendants are still in this lawsuit? A Yes. Q Okay. Have you received any payments from your attorneys in relation to this civil case? A No. Q Are you aware of any settlement agreements in this case? A No. Q Have you sustained actual damages from my client's actions? A Yes. I'm just aggravated. Q I understand. A I'm just aggravated with the whole thing. Q I understand. And I'm sure your attorneys can explain. But when you file a lawsuit, the Defendants have an opportunity to take a deposition and find out your theory of the case. And so I apologize. So you've got the Complaint. If you'll turn to paragraph 92. Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 101 of 106 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 101 A Which one? Q The one in your hand. That's the correct one. It's page 17. It's the last paragraph at the bottom of that page. A (Witness complies with request of counsel.) Q What it says there is: "As a result of Defendant creditor's violations of the FDCPA, Plaintiff has suffered actual damages." And we'll get into the rest of it. What I'm asking you is: What are your actual damages? A Well, we thought that it was solved, and then now I'm having to -- well, it's just -- I just got real angry when we thought it was over with. Then we had to go back and do this with our mortgage, and then this come up again. And it's just -- it's just agitating. I mean, you know. I just -- right now I just can't deal with it. Q Okay. Have you been unable to work because of the Proof of Claim? A I'm retired. Q Have you suffered any humiliation Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 102 of 106 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 102 because of this? A It's always humiliating when you're thinking you done paid something off and it's not. Q Was the humiliation public or private? A Private. Q Have you been denied credit recently? A I haven't tried any credit. Q Have you seen any medical doctors based on Creditors Bankruptcy Service filing a Proof of Claim? A No. Q Have you seen any mental health professionals? A No. Q Psychiatrists? A No. Q Psychologists? A No. Q Certified counselors? A No. Q Is your frustration because of CBS or because of Seventh Avenue? A Seventh Avenue. Q Okay. Is there anybody else who might Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 103 of 106 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 103 have information about this case? A I don't think so. Q Do you know about anybody who's made any oral statements or written statements about this case? A No, I don't. Q Other than what we've marked as Exhibit 8, do you have any other physical documents that we haven't gone over today related to this case? A No. Q Sorry. You have to answer again. A No. Thought you were finished. Q Do you have any social media accounts? A No. Q No Facebook? A No. Q Twitter? Pinterest? A No. Q That's okay. My mom doesn't. So I get it. MR. GORDON: Let me take a five-minute break to make sure I'm finished. (Proceedings in recess, 12:47 p.m. to 1:00 p.m.) Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 104 of 106 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 104 MR. GORDON: We're back on the record. Have you all discussed whether you're going to read and sign or waive signature? MR. SIEG: We're going to read and sign. MR. GORDON: All right. I am finished. THE COURT REPORTER: Do you need a copy of the transcript? MR. SIEG: I do. And, actually, I just want to clarify something for the record. DIRECT EXAMINATION BY MR. SIEG: Q Ms. Pritchett, you indicated that you were aggravated or upset at Seventh Avenue; is that correct? A Yes. Q Are you aggravated and upset that the Defendant, CBS, filed a Proof of Claim for Seventh Avenue? A You know, yes. I'm really aggravated because they shouldn't be filing a claim. I mean, you know. MR. SIEG: That's all I have. Thank you. Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 105 of 106 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 105 MR. GORDON: Off the record. (Proceedings adjourned, 1:00 p.m.) (Pursuant to Rule 30(e) of the Federal Rules of Civil Procedure and/or O.C.G.A. 9-11-30(e), signature of the witness has been reserved.) NOT A CERTIFIED TRANSCRIPT Case 3:15-cv-00197-TCB-RGV Document 32-1 Filed 08/09/16 Page 106 of 106 Exhibit B Screenshot from http://creditorsbankruptcyservice.com Case 3:15-cv-00197-TCB-RGV Document 32-2 Filed 08/09/16 Page 1 of 2 Case 3:15-cv-00197-TCB-RGV Document 32-2 Filed 08/09/16 Page 2 of 2 Exhibit C Discharge Order Case 3:15-cv-00197-TCB-RGV Document 32-3 Filed 08/09/16 Page 1 of 3 UNITED STATES BANKRUPTCY COURT Northern District of Georgia In Re: Debtor(s) Willie Frank Pritchett Jr. 9 Wilson Circle Newnan, GA 30263 xxx−xx−9940 Rosa Mae Pritchett 9 Wilson Circle Newnan, GA 30263 xxx−xx−3857 Case No.: 12−11364−whd Chapter: 13 Judge: W. Homer Drake ORDER DISCHARGING DEBTOR(S) AFTER COMPLETION OF CHAPTER 13 PLAN The court finds that the debtor(s) filed a petition under title 11, United States Code, on May 9, 2012, that the plan of the debtor(s) has been confirmed, and that the debtor(s) has fulfilled all requirements under the plan. IT IS ORDERED THAT: 1. Pursuant to 11 U.S.C. Section 1328(a), the debtor(s) is discharged from all debts provided for by the plan or disallowed under 11 U.S.C. Section 502, except any debt: a. provided for under 11 U.S.C. Section 1322(b)(5) and on which the last payment is due after the date on which the final payment under the plan was due; b. in the nature of alimony to, maintenance for, or support of a spouse, former spouse, or child of the debtor(s) in connection with a separation agreement, divorce decree or other order of a court of record, or property settlement agreement, as specified in 11 U.S.C. Section 523(a)(5); c. for a student loan or educational benefit overpayment as specified in 11 U.S.C. Section 523(a)(8); d. for a death or personal injury caused by the unlawful operation of a motor vehicle by the debtor(s) while intoxicated from using alcohol, drug, or other substance, as specified in 11 U.S.C. Section 523(a)(9), in a bankruptcy case filed on or after November 15, 1990; e. for restitution included in a sentence on the conviction of a crime by the debtor(s) in a case filed on or after November 15, 1990. f. for a fine included in a sentence on the debtor's conviction of a crime, in a case commenced on or after October 22, 1994. Case 12-11364-whd Doc 50 Filed 07/21/15 Entered 07/21/15 08:55:56 Desc Order Discharging 13 Page 1 of 2 Case :15-cv-00197-TCB-RGV Document 32-3 Filed 08/09/16 Page 2 of 3 2. Pursuant to 11 U.S.C. Section 1328(d), the debtor(s) is not discharged from any debt based on an allowed claim filed under 11 U.S.C. Section 1305(a)(2) if prior approval by the trustee of the incurring such debt by the debtor(s) was practicable and was not obtained. 3. Notwithstanding the provisions of title 11, United States Code, the debtor(s) is not discharged from any debt made non−dischargeable by 18 U.S.C. Section 3613(f), by certain provisions of titles 10, 37, 38, 42 and 50 of the United States Code, or by any other applicable provision of law. 4. All creditors are prohibited from attempting to collect any debt that has been discharged in this case. IT IS FURTHER ORDERED THAT: Any employer of the debtor(s) against which a Chapter 13 Employer Deduction Order is in effect shall cease immediately withholding from the wages, salary, commissions, or other earnings or income of the debtor any monies on account of the Chapter 13 case. The attorney for the debtor(s) shall serve a copy of this Order upon any employer of the debtor who is subject to an Employer Deduction Order. W. Homer Drake United States Bankruptcy Judge Dated: July 21, 2015 Form 213 Case 12-11364-whd Doc 50 Filed 07/21/15 Entered 07/21/15 08:55:56 Desc Order Discharging 13 Page 2 of 2 Case :15-cv-00197-TCB-RGV Document 32-3 Filed 08/09/16 Page 3 of 3 Exhibit D Chapter 13 Plan Case 3:15-cv-00197-TCB-RGV Document 32-4 Filed 08/09/16 Page 1 of 7 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA NEWNAN DIVISION IN RE: Willie Frank Pritchett, Jr. : Rosa Mae Pritchett : : DEBTORS : : Case No.: 12-11364-WHD CHAPTER 13 THIRD AMENDED CHAPTER 13 PLAN Extension ( ) (X) Composition You should read this Plan carefully and discuss it with your attorney. Confirmation of this Plan by the Bankruptcy Court may modify your rights by providing for payment of less than the full amount of your claim, by setting the value of the collateral securing your claim, and/or by setting the interest rate on your claim. Debtor or Debtors (hereinafter called “Debtor”) proposes this Chapter 13 Plan: 1. Submission of Income. Debtor submits to the supervision and control of the Chapter 13 Trustee (“Trustee”) all or such portion of future earnings or other future income of Debtor as is necessary for the execution of this Plan. 2. Plan Payments and Length of Plan. Debtor will pay the sum of $600.00 per month to Trustee by [X] Payroll Deduction(s) or by [ ] Direct Payment(s) for the applicable commitment period of 36 months, unless all allowed claims in every class, other than long-term claims, are paid in full in a shorter period of time. The term of this Plan shall not exceed sixty (60) months. See 11 U.S.C. §§ 1325(b)(1)(B) and 1325(b)(4). Each pre-confirmation plan payment shall be reduced by any pre-confirmation adequate protection payment(s) made pursuant to Plan paragraph 6(A)(i) and § 1326(a)(1)(C). The following alternative provision will apply if selected: ( ) IF CHECKED, Plan payments will increase by $ monthly in , upon completion or termination of . The additional funds shall be disbursed pro-rata to all claims being funded at the time of the increase. 3. Claims Generally. The amounts listed for claims in this Plan are based upon Debtor’s best estimate and belief. An allowed proof of claim will be controlling, unless the Court orders otherwise. Objections to claims may be filed before or after confirmation. 4. Administrative Claims. Trustee will pay in full allowed administrative claims and expenses pursuant to §507(a)(2) as set forth below, unless the holder of such claim or expense has agreed to a different treatment of its claim. Case 12-11364-whd Doc 23 Filed 09/03/12 Entered 09/03/12 14:52:22 Desc Main Document Page 1 of 6 Case :15-cv-00197-TCB-RGV Document 32-4 Filed 08/09/16 Page 2 of 7 A. Trustee’s Fees. Trustee shall receive a fee for each disbursement, the percentage of which is fixed by the United States Trustee. B. Debtor’s Attorney’s Fees. Debtor and Debtor’s attorney have agreed to a base attorney fee in the amount of $4,000.00. The amount of $0.00 was paid prior to the filing of the case. The balance of $4,000.00 will be paid as follows: 1. Such funds remaining in the possession of the trustee after payment of trustee fees and Adequate Protection payments, not to exceed $4,000.00, to be paid at the initial disbursement following confirmation of the plan. 2. $470.00 will be paid on a monthly basis until the fee is paid in full. If the case is dismissed or converted prior to confirmation, the Trustee shall pay up to $4,000.00 from available funds. 3. Debtor and Debtor's attorney have further agreed that Debtor's attorney may be paid for "non-base services" as they are performed on an as-needed basis. These "non-base" services, and the agreed fee for each, are identified in paragraph 7 of the Rule 2016(b) disclosure statement in this case. Upon completion of a "non-base" service, Debtor's attorney may file an application with the Court, serving all parties-in-interest with notice of the application and providing an opportunity to be heard on the matter. If no objection to the application is timely filed, then the application will stand approved without further notice or hearing. If the "non-base" fee is approved by the Court, then the fee shall be added to the balance of the unpaid base fee in this case and paid in accordance with the paragraph (B)(2), above. If the base fee has been paid in full, then the fee shall be paid up to $470.00 per month, and the distributions to creditors shall be reduced, pro rata, by that amount until the additional fee is paid in full. 5. Priority Claims. Domestic Support Obligations. None. B. Other Priority Claims (e.g., tax claims). All other allowed priority claims will be paid in full, but will not be funded until after all secured claims, lease arrearage claims, and domestic support claims are paid in full. (a)Creditor (b)Estimated claim *BB&T Regional Acceptance Corp. $570.00 Coweta County Tax Commissioner $900.00 *Claim number 10-1 filed by BB&T Regional Acceptance is a priority unsecured claim; the claim reflects costs associated with pre-petition repossession of collateral by lien holder. For more complete information regarding lien holder, see also Claim number 9-1. 6. Secured Claims. A. Claims Secured by Personal Property Which Debtor Intends to Retain. Case 12-11364-whd Doc 23 Filed 09/03/12 Entered 09/03/12 14:52:22 Desc Main Document Page 2 of 6 Case :15-cv-00197-TCB-RGV Document 32-4 Filed 08/09/16 Page 3 of 7 i. Adequate protection payments. No later than 30 days after the date of the filing of this plan or the order for relief, whichever is earlier, the Debtor shall make the following adequate protection payments to creditors pursuant to§ 1326(a)(1)(C). Each creditor listed below shall have an administrative lien on its respective payment(s), subject to objection. Debtor shall make the following adequate protection payments to the Trustee pending confirmation of the plan: (a) Creditor (b) Collateral (c) Monthly Adequate Protection Payments Regional Acceptance 2007 Jeep Liberty $84.00 ii. Post Confirmation payments. After confirmation of the plan, monthly payments to creditors holding claims secured by personal property shall be paid as set forth in subparagraphs (a) and (b). If Debtor elects to propose a different method of payment, such provision is set forth in subparagraph (c). (a). Claims to Which § 506 Valuation is NOT Applicable. Claims listed in this subsection consist of debts secured by a purchase money security interest in a vehicle for which the debt was incurred within 910 days of filing the bankruptcy petition, or, if the collateral for the debt is any other thing of value, the debt was incurred within 1 year of filing. See §1325(a)(5). After confirmation of the plan, the Trustee will pay to the holder of each allowed secured claim the monthly payment in column (f) based upon the amount of the claim in column (d) with interest at the rate stated in column (e). After the confirmation of the plan, the interest rate shown below or as modified will be binding unless a timely written objection to confirmation is filed and sustained by the Court. Payments distributed by the Trustee are subject to the availability of funds. (a) Creditor (b) Collateral (c) Purchase date (d) Claim amount (e) Interest rate (f) Monthly payment (b). Claims to Which § 506 Valuation is Applicable. Claims listed in this subsection consist of any claims secured by personal property not described in Plan paragraph 6(A)(ii)(a). After confirmation of the plan, the Trustee will pay to the holder of each allowed secured claim the monthly payment in column (f) based upon the replacement value as stated in column (d) or the amount of the claim, whichever is less, with interest at the rate stated in column (e). The portion of any allowed claim that exceeds the value indicated below will be treated as an unsecured claim. Upon confirmation of the plan, the valuation and interest rate shown below or as modified will be binding unless a timely written objection to confirmation is filed and sustained by the Court. Payments distributed by the Trustee are subject to the availability of funds. Case 12-11364-whd Doc 23 Filed 09/03/12 Entered 09/03/12 14:52:22 Desc Main Document Page 3 of 6 Case :15-cv-00197-TCB-RGV Document 32-4 Filed 08/09/16 Page 4 of 7 (a) Creditor (b) Collateral (c) Purchase date (d) Replacement Value (e) Interest rate (f) Monthly payment Regional Acceptance 2007 Jeep Liberty 7/27/07 $8,745.00 5% $84.00 step to 454.00 in April 2013 Farmers Furniture furniture 5/9/04 $104.00 5% $10.00 (c). Claims Secured by Real Property Which Debtor Intends to Retain. Debtor will make all post-petition mortgage payments directly to each mortgage creditor as those payments ordinarily come due. These regular monthly mortgage payments, which may be adjusted up or down as provided for under the loan documents, are due beginning the first due date after the case is filed and continuing each month thereafter, unless this Plan provides otherwise. Trustee may pay each allowed arrearage claim at the monthly rate indicated below until paid in full. Trustee will pay interest on the mortgage arrearage if the creditor requests interest, unless an objection to the claim is filed and an order is entered disallowing the requested interest. All post-petition mortgage payments made by the debtor(s) are to be credited and applied by the mortgage holder, its agent or assignee in accordance with the mortgage note and Deed in Trust/Deed to Secure Debt. Any fees, expenses and charges asserted under Fed. R. Bankr. P. 3002.1(c) are not to be funded through the Chapter 13 plan and the Debtor will pay these post-petition expenses directly to their mortgage holder/servicer unless they are disallowed by Order of the Court.” All payments made hereunder by the chapter 13 Trustee to the mortgage holder, its agent or assignee are to be applied to the pre-petition arrearage and those fees and costs in the creditors allowed proof of claim. (a) Creditor (b) Property description (c) Estimated pre-petition arrearage (d) Projected monthly arrearage payment Weyerhauser Mortgage/SPS SFDD 9 Wilson Circle, Newnan, GA $4,317.00 $0.00 step to 100.00 in April 2013 B. Surrender of Collateral. Debtor will surrender the following collateral no later than thirty (30) days from the filing of the petition unless specified otherwise in the Plan. Any claim filed by a secured lien holder whose collateral is surrendered will be treated as general, unsecured debt. Any involuntary repossession/foreclosure prior to confirmation of this Plan must be obtained by a filed motion and Court order, unless the automatic stay no longer applies under § 362(c). Upon Plan confirmation, the automatic stay will be deemed lifted for the collateral identified below for surrender and the creditor need not file a Motion to Case 12-11364-whd Doc 23 Filed 09/03/12 Entered 09/03/12 14:52:22 Desc Main Document Page 4 of 6 Case :15-cv-00197-TCB-RGV Document 32-4 Filed 08/09/16 Page 5 of 7 Lift the Stay in order to repossess, foreclose upon or sell the collateral. Nothing herein is intended to lift any applicable co-Debtor stay, or to abrogate Debtor’s state law contract rights. None. 7. Unsecured Claims. Debtor estimates that the total of general unsecured debt not separately classified in Plan paragraph 10 is $17,806.73. After all other classes have been paid, Trustee will pay to the creditors with allowed general unsecured claims a pro rata share of $0.00 or 0% whichever is greater. Trustee is authorized to increase this dollar amount or percentage, if necessary, in order to comply with the applicable commitment period stated in paragraph 2 of this Plan. 8. Executory Contracts and Unexpired Leases. The following executory contracts and unexpired leases are assumed, and payments due after the filing of the case will be paid directly by Debtor, not through Trustee, as set forth below in column (c). Debtor proposes to cure any default by paying the arrearage on the assumed leases or contracts in the amounts projected in column (d) at the same time that payments are made to secured creditors. All other executory contracts and unexpired leases of personal property are rejected upon conclusion of the confirmation hearing. None. 9. Property of the Estate. Property of the estate shall not vest in Debtor until the earlier of Debtor’s discharge or dismissal of this case, unless the Court orders otherwise. 10. Other Provisions: Special classes of unsecured claims. Other direct payments to creditors. Other allowed secured claims: A proof of claim which is filed and allowed as a secured claim, but is not treated specifically under the plan, shall be funded as classified in the proof of claim as funds become available after satisfaction of the allowed secured claims which have been treated by the plan and prior to payment of allowed non-administrative priority claims (except domestic support obligation claims as set forth in paragraph 5(A), above) and general unsecured claims. Notwithstanding the foregoing, the Debtor or any other party in interest may object to the allowance of the claim. Allowed claims in this class shall receive 5% interest. Claims subject to lien avoidance pursuant to 11 U.S.C. §522(f): The allowed secured claim of each creditor listed below shall not be funded until all allowed, secured claims which are being treated by the plan are satisfied. If an order is entered avoiding the creditor’s lien, that creditor’s claim shall be treated as a general, unsecured claim to the extent it is not otherwise secured by property of the estate and treated by the plan. To the extent that the creditor’s lien is not avoided and is not otherwise treated by the plan, Case 12-11364-whd Doc 23 Filed 09/03/12 Entered 09/03/12 14:52:22 Desc Main Document Page 5 of 6 Case :15-cv-00197-TCB-RGV Document 32-4 Filed 08/09/16 Page 6 of 7 the secured claim shall be funded as set forth in the above paragraph. This paragraph shall apply to the following creditors: None. E. Miscellaneous provisions. Any federal tax refund that is issued to the Debtor for a tax year ending within the applicable commitment period shall be paid into the Debtor’s Chapter 13 case. Further, the Debtor(s) authorize(s) and instruct(s) the Internal Revenue Service to send any refund for said years directly to the Debtor(s) Chapter 13 Trustee. Any refund that is less than $1,500.00 may be retained by the debtor upon written request by Debtor to the trustee along with any substantiating documents without further notice or hearing from this court. Date: September 4, 2012 /s/ Jayson R. Davis, Bar No.: 608053 Berry & Associates 2751 Buford Hwy Suite 400 Atlanta, Georgia 30324 (404) 235-3300 /s/ Willie Frank Pritchett, Jr. /s/ Rosa Mae Pritchett Case 12-11364-whd Doc 23 Filed 09/03/12 Entered 09/03/12 14:52:22 Desc Main Document Page 6 of 6 Case :15-cv-00197-TCB-RGV Document 32-4 Filed 08/09/16 Page 7 of 7 Exhibit E Confirmation Order Case 3:15-cv-00197-TCB-RGV Document 32-5 Filed 08/09/16 Page 1 of 2 UNITED STATES BANKRUPTCY COURT Northern District of Georgia Newnan Division In Re: Debtor(s) Willie Frank Pritchett Jr. 9 Wilson Circle Newnan, GA 30263 xxx−xx−9940 Rosa Mae Pritchett 9 Wilson Circle Newnan, GA 30263 xxx−xx−3857 Case No.: 12−11364−whd Chapter: 13 Judge: W. Homer Drake ORDER CONFIRMING PLAN The Chapter 13 Plan of Debtor or Debtors (hereinafter "Debtor") has been transmitted to all creditors. Debtor's plan, or plan as modified, satisfies the requirements of 11 U.S.C. § 1325. Accordingly, it is ORDERED that (1) The Chapter 13 plan is confirmed; (2) Property of the estate shall not revest in Debtor until the earlier of discharge of Debtor, dismissal of the case, or closing of case without the entry of a discharge, unless the Court orders otherwise; (3) A creditor must have a proof of claim filed with the Clerk of Court in order to receive a distribution under this plan, without regard to any other provision of the plan; and (4) Because no party in interest has filed a request for an order of dismissal pursuant to 11 U.S.C. § 521(i)(2) and because the parties in interest should not be subjected to any uncertainty as to whether this case is subject to automatic dismissal under § 521(i)(1), Debtor is not required to file any further document pursuant to § 521(a)(1)(B) to avoid an automatic dismissal and this case is not and was not subject to automatic dismissal under § 521(i)(1). This does not prevent any party in interest from requesting by motion that Debtor supply further information described in § 521(a)(1)(B), and this does not prevent the Chapter 13 Trustee from requesting by any authorized means, including but not limited to motion, that the Debtor supply further information. The Clerk is directed to serve a copy of this Order on the Debtor(s), the Attorney for the Debtor(s), the Chapter 13 Trustee, all creditors and other parties in interest. IT IS SO ORDERED. W. Homer Drake United States Bankruptcy Judge Dated: September 20, 2012 Form 133 Case 12-11364-whd Doc 25 Filed 09/20/12 Entered 09/20/12 13:14:39 Desc O Cnf Plan & O to Debtor Page 1 of 1 Case :15-cv-00197-TCB-RGV Document 32-5 Filed 8/09/16 Page 2 of 2