Rebecca Yam v. Rite Aid Corporation

NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to PARTIAL JUDGMENT ON THE PLEADINGS OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT

C.D. Cal.November 21, 2016

LEGAL_US_W # 87869573.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NTC. OF MTN AND MTN FOR PRTL J. ON PLDGS OR, IN THE ALT., PRTL. S. J. U.S.D.C., C.D. Cal., No. CV 15-01727 MWF (JEMx) JEFFREY D. WOHL (Cal. State Bar No. 096838) JUSTIN M. SCOTT (Cal. State Bar No. 302502) PAUL HASTINGS LLP 55 Second Street, 24th Floor San Francisco, California 94105-3441 Telephone: (415) 856-7000 Facsimile: (415) 856-7100 jeffwohl@paulhastings.com justinscott@paulhastings.com Attorneys for Defendant Rite Aid Corporation UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA REBECCA YAM, an individual, Plaintiff, vs. RITE AID CORPORATION, and DOES 1 through 50, inclusive, Defendants. No. 2:15-cv-01727-MWF (JEMx) DEFENDANT RITE AID CORPORATION’S NOTICE OF MOTION AND MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT Date: December 19, 2016 Time: 10:00 a.m. Ctrm: 5A (1st Street Courthouse, 350 W. 1st Street, Los Angeles) Judge: Hon. Michael W. Fitzgerald Case 2:15-cv-01727-MWF-JEM Document 32 Filed 11/21/16 Page 1 of 3 Page ID #:174 LEGAL_US_W # 87869573.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NTC. OF MTN AND MTN FOR PRTL J. ON PLDGS OR, IN THE ALT., PRTL. S. J U.S.D.C., C.D. Cal., No. CV 15-01727 MWF (JEMx) To plaintiff Rebecca Yam and her attorneys of record: PLEASE TAKE NOTICE that, pursuant to Rule 12(c) and Rule 56(a), Federal Rules of Civil Procedure, on December 19, 2016, at 10:00 a.m., or as soon thereafter as this matter may be heard, before the Honorable Michael W. Fitzgerald, in Courtroom 1600 of this Court, located at 312 N. Spring Street, Los Angeles, California 90012, defendant Rite Aid Corporation (“Rite Aid”), will and does hereby move for partial judgment on the pleadings or, in the alternative, partial summary judgment against plaintiff Rebecca Yam to the extent plaintiff’s claims accrued prior to her husband’s petition for bankruptcy on June 5, 2013. This motion is made on the grounds that plaintiff’s husband, Antonio Flores, filed for Chapter 7 bankruptcy protection, but failed to disclose the claims plaintiff asserts against Rite Aid in this action as a contingent community property asset-as he was required to do-in the schedule of assets, and instead represented to the Bankruptcy Court that no such claims exited. Plaintiff’s undisclosed pre-petition claims properly belong to the bankruptcy estate, and the bankruptcy trustee alone has standing to prosecute them. Moreover, based on the misrepresentations in the bankruptcy filings, plaintiff and Mr. Flores obtained a discharge of community property debt. Under well- established case law, the concealment of plaintiff’s claims in the bankruptcy petition renders plaintiff judicially estopped from pursuing them against Rite Aid, to the extent her claims accrued prior to Mr. Flores’s petition for bankruptcy on June 5, 2013. This motion is based upon this notice of motion and motion and accompanying Memorandum in Support of Defendant Rite Aid Corporation’s Motion for Partial Judgment on the Pleadings or, in the Alternative, Partial Summary Judgment; Separate Statement of Uncontroverted Facts and Conclusions of Law in Support of Defendant Rite Aid Corporation’s Motion for Partial Judgment on the Pleadings or, in the Alternative, Partial Summary Judgment; Declaration of Justin M. Scott and Request for Judicial Notice in Support of Defendant Rite Aid Corporation’s Motion for Partial Judgment on the Pleadings or, in the Alternative, Partial Summary Judgment; [Proposed] Order Case 2:15-cv-01727-MWF-JEM Document 32 Filed 11/21/16 Page 2 of 3 Page ID #:175 LEGAL_US_W # 87869573.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 NTC. OF MTN AND MTN FOR PRTL J. ON PLDGS OR, IN THE ALT., PRTL. S. J. U.S.D.C., C.D. Cal., No. CV 15-01727 MWF (JEMx) Granting Defendant Rite Aid Corporation’s Motion for Partial Judgment on the Pleadings or, in the Alternative, Partial Summary Judgment; the Court’s record of this action; all matters of which the Court may take judicial notice; and such documentary and oral evidence received by the Court at the hearing on the motion. This motion is made following the conference of counsel pursuant to L.R. 7-3 which took place on November 11, 2016 and November 14, 2016. Dated: November 21, 2016. JEFFREY D. WOHL JUSTIN M. SCOTT PAUL HASTINGS LLP By: /s/ Justin M. Scott Justin M. Scott Attorneys for Defendant Rite Aid Corporation Case 2:15-cv-01727-MWF-JEM Document 32 Filed 11/21/16 Page 3 of 3 Page ID #:176 LEGAL_US_W # 87117786.5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMO ISO DFT’S MTN FOR PRTL J. ON PLDGS OR, IN THE ALT., PRTL. S. J. U.S.D.C., C.D. Cal., No. CV 15-01727 MWF (JEMx) JEFFREY D. WOHL (Cal. State Bar No. 096838) JUSTIN M. SCOTT (Cal. State Bar No. 302502) PAUL HASTINGS LLP 55 Second Street, 24th Floor San Francisco, California 94105-3441 Telephone: (415) 856-7000 Facsimile: (415) 856-7100 jeffwohl@paulhastings.com justinscott@paulhastings.com Attorneys for Defendant Rite Aid Corporation UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA REBECCA YAM, an individual, Plaintiff, vs. RITE AID CORPORATION, and DOES 1 through 50, inclusive, Defendants. No. 2:15-cv-01727-MWF (JEMx) MEMORANDUM IN SUPPORT OF DEFENDANT RITE AID CORPORATION’S MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT Date: December 19, 2016 Time: 10:00 a.m. Ctrm: 5A (1st Street Courthouse, 350 W. 1st Street, Los Angeles) Judge: Hon. Michael W. Fitzgerald Case 2:15-cv-01727-MWF-JEM Document 32-1 Filed 11/21/16 Page 1 of 22 Page ID #:177 LEGAL_US_W # 87117786.5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TABLE OF CONTENTS Page i MEMO ISO DFT’S MTN FOR PRTL J. ON PLDGS OR, IN THE ALT., PRTL. S. J. U.S.D.C., C.D. Cal., No. CV 15-01727 MWF (JEMx) Table of Authorities ............................................................................................................ ii I. INTRODUCTION/SUMMARY OF ARGUMENT ................................................ 1 II. FACTUAL AND PROCEDURAL BACKGROUND ............................................. 1 A. Yam v. Rite Aid Corp., U.S.D.C., C.D. Cal., No. 2:15-cv-01727- MWF (JEMx) ................................................................................................. 2 B. In re Antonio Martinez Flores, U.S.B.C., C.D. Cal., No. 2:13-bk- 24863-TD ....................................................................................................... 2 III. DUE TO HER HUSBAND’S BANKRUPTCY, PLAINTIFF BOTH LACKS STANDING TO ASSERT THE CLAIMS IN THIS ACTION AND IS JUDICIALLY ESTOPPED FROM PURSUING THEM .................................... 3 A. Partial Judgment May Be Granted as a Judgment on the Pleadings or Summary Judgment. ....................................................................................... 3 B. Plaintiff Lacks Standing to Bring Her Pre-Petition Claims. .......................... 4 1. Plaintiff’s Undisclosed Pre-Petition Claims Belong to the Bankruptcy Estate. ............................................................................... 4 2. The Bankruptcy Trustee-and Not Plaintiff-Has Standing to Pursue Plaintiff’s Pre-Petition Claims. ................................................ 6 C. Plaintiff’s Pre-Petition Claims Also Are Barred by the Doctrine of Judicial Estoppel. ............................................................................................ 7 1. As Plaintiff’s Husband, Mr. Flores Had an Obligation to Disclose All Claims and Potential Claims Constituting Community Property as Assets of the Bankruptcy Estate. .................. 8 2. Failure to Disclose Plaintiff’s Pre-Petition Claims to the Bankruptcy Court Bars Plaintiff’s Pursuit of the Claims as a Matter of Law under the Doctrine of Judicial Estoppel. ..................... 9 IV. CONCLUSION ....................................................................................................... 16 Case 2:15-cv-01727-MWF-JEM Document 32-1 Filed 11/21/16 Page 2 of 22 Page ID #:178 LEGAL_US_W # 87117786.5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TABLE OF AUTHORITIES Page ii MEMO ISO DFT’S MTN FOR PRTL J. ON PLDGS OR, IN THE ALT., PRTL. S. J. U.S.D.C., C.D. Cal., No. CV 15-01727 MWF (JEMx) Cases Abercrombie & Fitch Co. v. Moose Creek, Inc., 486 F.3d 629 (9th Cir. 2007) ........................................................................................ 10 Ah Quin v. County of Kauai Dep’t of Transp., 733 F.3d 267 (9th Cir. 2013) .............................................................................. 9, 14, 15 In re An-Tze Cheng, 308 B.R. 448 (Bankr. 9th Cir. 2004) .............................................................................. 6 In re Antonio Martinez Flores, U.S.B.C., C.D. Cal., No. 2:13-bk-24863-TD ................................................................. 2 Arruda v. C&H Sugar Co., 2007 U.S. Dist. LEXIS 16519 (E.D. Cal. Mar. 8, 2007) .................................. 10, 14, 15 In re Bartlett, 24 B.R. 605 (Bankr. 9th Cir. 1982) ................................................................................ 6 Burnes v. Pemco Aeroplex, Inc., 291 F.3d 1282 (11th Cir. 2002) ...................................................................................... 8 Caviness v. England, 2007 U.S. Dist. LEXIS 32696 (E.D. Cal. May 3, 2007) .............................................. 16 Celotex Corp. v. Catrett, 477 U.S. 317 (1986) ........................................................................................................ 4 In re Coastal Plains, Inc., 179 F.3d 197 (5th Cir. 1999) .......................................................................... 8, 9, 10, 14 Cusano v. Klein, 264 F.3d 936 (9th Cir. 2001) .......................................................................................... 7 Dzakula v. McHugh, 746 F.3d 399 (9th Cir. 2013) ........................................................................................ 15 Fed. Election Comm’n v. Adams, 558 F. Supp. 2d 982 (C.D. Cal. 2008) ............................................................................ 3 Gaskins v. Thousand Trails, LP, 521 F. Supp. 2d 693 (S.D. Ohio 2007) ........................................................................... 9 Case 2:15-cv-01727-MWF-JEM Document 32-1 Filed 11/21/16 Page 3 of 22 Page ID #:179 LEGAL_US_W # 87117786.5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TABLE OF AUTHORITIES (cont’d) Page iii MEMO ISO DFT’S MTN FOR PRTL J. ON THE PLDGS OR, IN THE ALT., PRTL. S. J. U.S.D.C., C.D. Cal., No. CV 15-01727 MWF (JEMx) Griffin v. Allstate Ins. Co., 920 F. Supp. 127 (C.D. Cal. 1996) ......................................................................... 5, 6, 7 Hal Roach Studios, Inc. v. Richard Feiner & Co., 896 F.2d 1542 (9th Cir. 1989) ........................................................................................ 3 Hamilton v. State Farm Fire & Cas. Co., 270 F.3d 778 (9th Cir. 2001) ................................................................................. passim Hay v. First Interstate Bank of Kalispell, N.A., 978 F.2d 555 (9th Cir. 1992) ........................................................................................ 14 Hill v. Opus Corp., 841 F. Supp. 2d 1070 (C.D. Cal. 2011) .......................................................................... 3 Holloway v. Best Buy Co., 2009 WL 1533668 (N.D. Cal. May 28, 2009) ................................................................ 3 Jeffrey v. Desmond, 70 F.3d 183 (1st Cir. 1995) ........................................................................................... 10 Lennear v. Diamond Pet Food Processors of California, LLC, 147 F. Supp. 3d 1037 (E.D. Cal. 2015) .......................................................................... 6 MGIC Indem. Corp. v. Weisman, 803 F. 2d 500 (9th Cir. 1986) ......................................................................................... 2 Moses v. Howard Univ. Hosp., 606 F.3d 789 (D.C. Cir. 2010) ........................................................................................ 7 New Hampshire v. Maine, 532 U.S. 742 (2001) ............................................................................................ 9, 10, 14 Oneida Motor Freight, Inc. v. United Jersey Bank, 848 F.2d 414 (3d Cir. 1988), cert. denied, 488 U.S. 967, 109 S. Ct. 495, 102 L. Ed. 2d 532 (1988) ................................................................................................ 2 Ramirez v. Manpower Inc., 2014 U.S. Dist. LEXIS 94362 (N.D. Cal. Jul. 10, 2014) ............................................. 15 Reed v. City of Arlington, 620 F.3d 477 (5th Cir. 2010) ........................................................................................ 10 Case 2:15-cv-01727-MWF-JEM Document 32-1 Filed 11/21/16 Page 4 of 22 Page ID #:180 LEGAL_US_W # 87117786.5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TABLE OF AUTHORITIES (cont’d) Page iv MEMO ISO DFT’S MTN FOR PRTL J. ON THE PLDGS OR, IN THE ALT., PRTL. S. J. U.S.D.C., C.D. Cal., No. CV 15-01727 MWF (JEMx) Retired Employees Ass’n of Orange Cty., Inc. v. Cty. of Orange, 632 F. Supp. 2d 983 (C.D. Cal. 2009) ............................................................................ 2 Schneider v. Unum Life Ins. Company of America, 2007 U.S. Dist. LEXIS 97867 (D. Or. Oct. 11, 2007).................................................. 13 Sierra Switchboard Co. v. Westinghouse Elec. Corp., 789 F.2d 705 (9th Cir. 1986) .......................................................................................... 5 State Bd. of Equalization v. Woo, 82 Cal. App. 4th 481 (2000) ........................................................................................... 5 Talosig v. U.S. Bank N.A., 2016 WL 632796 (E.D. Cal. Feb. 17, 2016) .......................................................... 11, 12 Turner v. Cook, 362 F.3d 1219 (9th Cir. 2004) ........................................................................................ 7 United States v. Ritchie, 342 F.3d 903 (9th Cir. 2003) .......................................................................................... 3 Yam v. Rite Aid Corp., U.S.D.C., C.D. Cal., No. 2:15-cv-01727-MWF (JEMx) ................................................ 2 Statutes and Rules Cal. Fam. Code § 760 ................................................................................................................................ 4 § 780 ................................................................................................................................ 5 Fed. R. Bankr. P. R. 1009 .................................................................................................... 8 Fed. R. Civ. P. R. 12(b)(6) ....................................................................................................................... 3 R. 12(c) ................................................................................................................. 1, 3, 16 R. 56 .......................................................................................................................... 1, 16 R. 56(a) ....................................................................................................................... 3, 4 Case 2:15-cv-01727-MWF-JEM Document 32-1 Filed 11/21/16 Page 5 of 22 Page ID #:181 LEGAL_US_W # 87117786.5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TABLE OF AUTHORITIES (cont’d) Page v MEMO ISO DFT’S MTN FOR PRTL J. ON THE PLDGS OR, IN THE ALT., PRTL. S. J. U.S.D.C., C.D. Cal., No. CV 15-01727 MWF (JEMx) 11 U.S.C. § 541(a) ........................................................................................................................... 5 § 323 ................................................................................................................................ 6 § 554(d) ........................................................................................................................... 6 § 541(a)(7) ...................................................................................................................... 8 § 541 ................................................................................................................................ 5 Case 2:15-cv-01727-MWF-JEM Document 32-1 Filed 11/21/16 Page 6 of 22 Page ID #:182 LEGAL_US_W # 87117786.5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMO ISO DFT'S MTN FOR PRTL J. ON THE PLDGS OR, IN THE ALT., PRTL. S. J. U.S.D.C., C.D. Cal., No. CV 15-01727 MWF (JEMx) I. INTRODUCTION/SUMMARY OF ARGUMENT Plaintiff Rebecca Yam asserts claims against defendant Rite Aid Corporation (“Rite Aid”) for alleged wage-and-hour violations during her employment with Rite Aid. However, plaintiff lacks standing to pursue her claims to the extent they accrued before her husband, Antonio Flores, filed for Chapter 7 bankruptcy with the U.S. Bankruptcy Court for the Central District of California (the “Bankruptcy Court”) on June 5, 2013. Under well-settled law, these claims belong to the bankruptcy estate and only the bankruptcy trustee has standing to pursue them. Even if plaintiff had standing to assert those pre-petition claims, she would be barred from proceeding by the doctrine of judicial estoppel. Based on misrepresentations to the Bankruptcy Court, the bankruptcy trustee, and creditors, Mr. Flores obtained, and plaintiff benefitted from, an automatic stay of all community property claims and liabilities-including a $15,000,000 lawsuit brought against Mr. Flores-and a no-asset discharge of community property debt on January 6, 2014. Thus, failure to disclose plaintiff’s claims against Rite Aid during Mr. Flores’s bankruptcy proceedings renders plaintiff judicially estopped from pursuing her pre-petition claims. Therefore, pursuant to Rule 12(c) or, in the alternative, Rule 56 of the Federal Rules of Civil Procedure, Rite Aid requests that this Court dismiss plaintiff’s claims, to the extent they accrued prior to Mr. Flores’s petition for bankruptcy on June 5, 2013. II. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff has been married to Antonio Flores since April 2001. (Declaration of Justin M. Scott and Request for Judicial Notice in Support of Defendant Rite Aid’s Motion for Partial Judgment on the Pleadings or, in the Alternative, Motion for Partial Summary Judgment [“Scott Decl.”], ¶ 2, Exh. A [Flores Depo. at 38:11-13].) Plaintiff and Mr. Flores have filed two separate actions against Rite Aid, both of which are now pending before this Court. During the statutory period at issue in plaintiff’s complaint, Mr. Flores filed for bankruptcy under Chapter 7 of the Bankruptcy Code in the Bankruptcy Court. Case 2:15-cv-01727-MWF-JEM Document 32-1 Filed 11/21/16 Page 7 of 22 Page ID #:183 LEGAL_US_W # 87117786.5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 MEMO ISO DFT’S MTN FOR PRTL J. ON THE PLDGS OR, IN THE ALT., PRTL. S. J. U.S.D.C., C.D. Cal., No. CV 15-01727 MWF (JEMx) A. Yam v. Rite Aid Corp., U.S.D.C., C.D. Cal., No. 2:15-cv-01727-MWF (JEMx) Plaintiff is currently a Rite Aid Store Manager and has been employed in that position for the entirety of the limitations period. (ECF 1, Exh. A [the “Complaint” or “Cmplt.”], ¶ 3.) On November 26, 2014, plaintiff commenced a civil action in Los Angeles Superior Court alleging that she was misclassified as exempt while employed as a Store Manager. (Id., ¶¶ 3-4) Plaintiff seeks damages dating back to November 9, 2009. (Id., ¶ 3.) On March 10, 2015, Rite Aid removed the action to this Court. (See ECF 1.) B. In re Antonio Martinez Flores, U.S.B.C., C.D. Cal., No. 2:13-bk-24863- TD On June 5, 2013, Mr. Flores filed individually for bankruptcy protection under Chapter 7 of the Bankruptcy Code in the Bankruptcy Court. (Scott Decl., ¶ 3, Exh. B.)1 He did so to avoid a $15,000,000 lawsuit brought against him by an individual who was allegedly injured on his property. (Id., ¶ 2, Exh., A [Flores Depo. at 52:3-12].) Plaintiff knew Mr. Flores was filing for bankruptcy. (Id.) In the schedule of assets accompanying the bankruptcy petition, Mr. Flores (who was represented by counsel) failed to disclose his own claims and plaintiff’s claims as contingent community property assets of the estate, and instead represented that no such potential claims existed. (Id., ¶ 3, Exh. B at 14.) Based on the representations set forth in the petition for bankruptcy, the Bankruptcy Court granted to Mr. Flores a no-asset discharge of his debts, including community property debt, and no assets were liquidated or distributed to any creditors of 1 This Court may consider Mr. Flores’s bankruptcy filing-which is subject to judicial notice-in deciding this motion to dismiss. MGIC Indem. Corp. v. Weisman, 803 F. 2d 500, 504 (9th Cir. 1986) (“On a motion to dismiss, we may take judicial notice of matters of public record outside the pleadings.”); Oneida Motor Freight, Inc. v. United Jersey Bank, 848 F.2d 414, 416 (3d Cir. 1988), cert. denied, 488 U.S. 967, 109 S. Ct. 495, 102 L. Ed. 2d 532 (1988) (affirming district court’s order granting 12(b)(6) motion; the district court may “examine the record of the prior bankruptcy proceeding … [and is] entitled to take judicial notice of these matters in rendering its decision, regardless of the motion employed.”); accord Retired Employees Ass’n of Orange Cty., Inc. v. Cty. of Orange, 632 F. Supp. 2d 983, 985 (C.D. Cal. 2009) (taking judicial notice of a bankruptcy court order). Case 2:15-cv-01727-MWF-JEM Document 32-1 Filed 11/21/16 Page 8 of 22 Page ID #:184 LEGAL_US_W # 87117786.5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 MEMO ISO DFT’S MTN FOR PRTL J. ON THE PLDGS OR, IN THE ALT., PRTL. S. J. U.S.D.C., C.D. Cal., No. CV 15-01727 MWF (JEMx) Mr. Flores or the marital community. (Id., Exhs. C, D at 3.) Neither plaintiff nor Mr. Flores filed a petition to correct any omissions or misrepresentations in the original bankruptcy petition prior to the case’s closing on February 10, 2015. (Id., ¶¶ 5-6, Exh. D.) Nor have they sought to reopen the bankruptcy case at any point during litigation in the instant action. (Id.) III. DUE TO HER HUSBAND’S BANKRUPTCY, PLAINTIFF BOTH LACKS STANDING TO ASSERT THE CLAIMS IN THIS ACTION AND IS JUDICIALLY ESTOPPED FROM PURSUING THEM A. Partial Judgment May Be Granted as a Judgment on the Pleadings or Summary Judgment. Judgment on the pleadings under Rule 12(c) is proper when, even if all material facts alleged in plaintiff’s complaint are true, defendant is entitled to judgment as a matter of law. Hal Roach Studios, Inc. v. Richard Feiner & Co., 896 F.2d 1542, 1550 (9th Cir. 1989). Courts may “consider certain materials-documents attached to the complaint, documents incorporated by reference in the complaint, or matters of judicial notice-without converting the motion to dismiss into a motion for summary judgment.” United States v. Ritchie, 342 F.3d 903, 908 (9th Cir. 2003). Courts use Rule 12(c) to resolve elements of a claim and thereby narrow the issues in dispute. For instance, in Holloway v. Best Buy Co., 2009 WL 1533668 (N.D. Cal. May 28, 2009), the court reasoned that because Rule 12(c) is designed to narrow issues where the facts are not in dispute, there was “no reason not to consider [the movant’s] motion for judgment on the pleadings as to less than entire causes of action.” Id. at *4. See also Hill v. Opus Corp., 841 F. Supp. 2d 1070, 1082 (C.D. Cal. 2011) (holding that a motion to dismiss under Rule 12(b)(6) was a proper vehicle to dismiss plaintiff’s allegations to the extent that they were based on ERISA-covered compensation plans); Fed. Election Comm’n v. Adams, 558 F. Supp. 2d 982, 987 (C.D. Cal. 2008) (Rule 12(c) motion used to resolve some, but not all, of the issues in certain counterclaims). In any event, Rule 56(a) indisputably allows motions for summary judgment as to a “claim or defense” or as a “part of” a claim or defense. Fed. R. Civ. P. 56(a). A party Case 2:15-cv-01727-MWF-JEM Document 32-1 Filed 11/21/16 Page 9 of 22 Page ID #:185 LEGAL_US_W # 87117786.5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 MEMO ISO DFT’S MTN FOR PRTL J. ON THE PLDGS OR, IN THE ALT., PRTL. S. J. U.S.D.C., C.D. Cal., No. CV 15-01727 MWF (JEMx) is entitled to summary judgment if the opposing party “fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.” Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986); accord Fed. R. Civ. P. 56(a). Here, partial judgment is established by the following undisputed facts: (1) Plaintiff has been married to Mr. Flores since April 2001; (2) Mr. Flores filed for Chapter 7 bankruptcy on June 5, 2013, and did not list any potential claims against Rite Aid in the schedule of assets; (3) The Bankruptcy Court granted a no-asset discharge of community property debt and liabilities on January 6, 2014, and the bankruptcy case was closed on February 10, 2015; and (4) Neither plaintiff nor Mr. Flores amended the bankruptcy schedules or reopened bankruptcy proceedings before or after plaintiff commenced an action against Rite Aid on November 26, 2014, seeking unpaid overtime and other wage-related recovery dating back to November 9, 2009. B. Plaintiff Lacks Standing to Bring Her Pre-Petition Claims. It is well settled that absent abandonment by the bankruptcy trustee, a Chapter 7 debtor lacks standing to pursue pre-petition claims because they are and remain the property of the bankruptcy estate. Although Mr. Flores filed for bankruptcy as an individual debtor, this does not change the underlying principle that the bankruptcy trustee alone has standing to prosecute pre-petition claims properly belonging to the bankruptcy estate. 1. Plaintiff’s Undisclosed Pre-Petition Claims Belong to the Bankruptcy Estate. In California, all property (real or personal) acquired by a married person during the marriage is presumed to be community property. Cal. Fam. Code § 760. There is no statutory exception for money or property received in connection with a claim for unpaid wages earned during the marriage. Instead, the California Family Code states that Case 2:15-cv-01727-MWF-JEM Document 32-1 Filed 11/21/16 Page 10 of 22 Page ID #:186 LEGAL_US_W # 87117786.5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 MEMO ISO DFT’S MTN FOR PRTL J. ON THE PLDGS OR, IN THE ALT., PRTL. S. J. U.S.D.C., C.D. Cal., No. CV 15-01727 MWF (JEMx) “money or property received or to be received by a married person in satisfaction of a judgment for damages for personal injuries … is community property if the cause of action for the damages arose during the marriage.” Id., § 780. The same community property presumption applies to money obtained from settlement or judgment of claims for unpaid wages earned during a marriage. See State Bd. of Equalization v. Woo, 82 Cal. App. 4th 481, 483 (2000) (“It is well settled that earnings of either the husband or the wife acquired during the marriage constitute community property.”). Plaintiff and Mr. Flores have resided in California as a married couple throughout the relevant statutory period. (Scott Decl., ¶ 2, Exh. A, 38:11-13; Cmplt., ¶ 5.) Therefore, plaintiff’s pre-petition claims against Rite Aid-accruing during her marriage-are community property. Filing a bankruptcy petition creates a bankruptcy estate, comprised of: (1) … all legal or equitable interests of the debtor in property as of the commencement of the case. (2) All interests of the debtor and the debtor’s spouse in community property as of the commencement of the case that is - (A) under the sole, equal, or joint management and control of the debtor; or (B) liable for an allowable claim against the debtor, or for both an allowable claim against the debtor and an allowable claim against the debtor’s spouse, to the extent that such interest is so liable. 11 U.S.C. § 541(a) (emphasis supplied). Lawsuits or potential causes of action are assets or contingent assets that must be disclosed on a petitioner’s bankruptcy schedules. Sierra Switchboard Co. v. Westinghouse Elec. Corp., 789 F.2d 705, 707 (9th Cir. 1986) (“The scope of section 541 is broad, and includes causes of action.”). Moreover, “[c]ommunity property assets and their proceeds become part of the bankruptcy estate of the first spouse to file a bankruptcy petition.” Griffin v. Allstate Ins. Co., 920 F. Supp. 127, 130 (C.D. Case 2:15-cv-01727-MWF-JEM Document 32-1 Filed 11/21/16 Page 11 of 22 Page ID #:187 LEGAL_US_W # 87117786.5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 MEMO ISO DFT’S MTN FOR PRTL J. ON THE PLDGS OR, IN THE ALT., PRTL. S. J. U.S.D.C., C.D. Cal., No. CV 15-01727 MWF (JEMx) Cal. 1996) (citing In re Bartlett, 24 B.R. 605, 607 (Bankr. 9th Cir. 1982)). As a debtor in bankruptcy, Mr. Flores was required to file a statement of financial affairs and schedule of assets of the estate, and fully disclose in that statement all assets and potential assets, including any community property and any potential causes of action that have accrued constituting community property. Even though Mr. Flores filed for bankruptcy as an individual debtor, he was required to list plaintiff’s potential claim against Rite Aid because it is a contingent asset that constitutes community property under California law, and therefore, part of the bankruptcy estate. 2. The Bankruptcy Trustee-and Not Plaintiff-Has Standing to Pursue Plaintiff’s Pre-Petition Claims. The bankruptcy trustee is the representative of the bankruptcy estate with capacity to sue and be sued on its behalf. 11 U.S.C. § 323. All property not validly abandoned remains property of the bankruptcy estate. 11 U.S.C. § 554(d). “Under Chapter 7 bankruptcy, once the petition is filed, all pre-petition causes of action become part of the estate. As such, the bankruptcy trustee is the sole individual with standing to maintain the pre-petition claim.” Lennear v. Diamond Pet Food Processors of California, LLC, 147 F. Supp. 3d 1037, 1044 (E.D. Cal. 2015); see also In re An-Tze Cheng, 308 B.R. 448, 461 (Bankr. 9th Cir. 2004) (“Property of the estate that is not scheduled or otherwise administered by the time the case is closed remains property of the estate forever.”). Griffin v. Allstate Ins. Co., 920 F. Supp. 127 (C.D. Cal. 1996), is instructive. The married couple in Griffin sought to pursue a breach of contract action arising from an insurance policy. Id. at 130. Mr. Griffin individually filed a Chapter 13 bankruptcy, which was eventually converted into a Chapter 7 liquidation proceeding. Id. at 129. The court found that neither Mr. Griffin nor his wife had standing to sue for breach of contract under the policy-paid for by community funds. Id. at 130. The right to pursue the claim belonged to bankruptcy estate, and therefore, the bankruptcy trustee. The court stated, “[l]awsuits remain part of the bankruptcy estate unless the bankruptcy trustee abandons them. … Because the bankruptcy trustee controls the bankruptcy estate, it is the Case 2:15-cv-01727-MWF-JEM Document 32-1 Filed 11/21/16 Page 12 of 22 Page ID #:188 LEGAL_US_W # 87117786.5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 MEMO ISO DFT’S MTN FOR PRTL J. ON THE PLDGS OR, IN THE ALT., PRTL. S. J. U.S.D.C., C.D. Cal., No. CV 15-01727 MWF (JEMx) real party in interest in the suits that belong to the estate.” Id. at 130; accord Turner v. Cook, 362 F.3d 1219, 1225-26 (9th Cir. 2004) (dismissing appeal of plaintiff who had filed for bankruptcy; plaintiff was “no longer a real party in interest in this matter and ha[d] no standing to pursue th[e] appeal.”); Moses v. Howard Univ. Hosp., 606 F.3d 789, 795 (D.C. Cir. 2010) (“Thus, ‘[g]enerally speaking, a pre-petition cause of action is the property of the Chapter 7 bankruptcy estate, and only the trustee in bankruptcy has standing to pursue it.’”) (citations omitted; substitution in original); Cusano v. Klein, 264 F.3d 936, 945-46 (9th Cir. 2001) (“If [debtor] failed properly to schedule an asset, including a cause of action, that asset continues to belong to the bankruptcy estate and did not revert to [debtor].”). Griffin is directly on point. Here, plaintiff’s claims for unpaid wages date back to November 2009, predating Mr. Flores’s bankruptcy by several years, and were part and parcel of the bankruptcy estate. (See Scott Decl. ¶ 3, Exh. B.) Because plaintiff’s claims were never disclosed, they were never administered or abandoned by the trustee, and therefore, remain property of the estate. (See id. ¶ 5, Exh. D.) Thus, plaintiff’s rights with regard to the pre-petition claims in this action were extinguished when Mr. Flores commenced the Chapter 7 bankruptcy. As such, the bankruptcy trustee-and not plaintiff-is the only party who may now pursue these pre-petition claims. Accordingly, plaintiff lacks standing to pursue the claims in this action to the extent that they accrued prior to Mr. Flores’s petition for bankruptcy filed on June 5, 2013, and the Court should therefore grant Rite Aid’s motion for partial judgment. C. Plaintiff’s Pre-Petition Claims Also Are Barred by the Doctrine of Judicial Estoppel. Even if plaintiff had standing to pursue her pre-petition claims, she would still be barred from asserting them on the separate independent ground of judicial estoppel. Plaintiff’s potential claims were not disclosed in the Chapter 7 bankruptcy, and no effort has been made to amend the bankruptcy schedules or reopen the bankruptcy case. Because plaintiff subsequently received a no-asset discharge of her community debt Case 2:15-cv-01727-MWF-JEM Document 32-1 Filed 11/21/16 Page 13 of 22 Page ID #:189 LEGAL_US_W # 87117786.5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 MEMO ISO DFT’S MTN FOR PRTL J. ON THE PLDGS OR, IN THE ALT., PRTL. S. J. U.S.D.C., C.D. Cal., No. CV 15-01727 MWF (JEMx) based on these misrepresentations, she is now judicially estopped from pursuing these claims. 1. As Plaintiff’s Husband, Mr. Flores Had an Obligation to Disclose All Claims and Potential Claims Constituting Community Property as Assets of the Bankruptcy Estate. “[T]he Bankruptcy Code and Rules impose upon bankruptcy debtors an express, affirmative duty to disclose all assets, including contingent and unliquidated claims.” In re Coastal Plains, Inc., 179 F.3d 197, 207-08 (5th Cir. 1999) (emphasis in original). The duty to disclose all assets and potential assets does not end with the debtor’s filing of the original petition, but continues throughout the proceeding, requiring that a debtor amend his or her bankruptcy statements if his or her financial circumstances change. See 4 Collier on Bankruptcy, ¶ 521.07 (16th ed. Rev. 2010) (“The duty to disclose assets is a continuing one. If, during the case, the debtor or counsel for the debtor discovers assets or claims that have not been scheduled, the schedules should be amended. It is often necessary to amend a schedule or schedules. … Under Federal Rule of Bankruptcy Procedure 1009, a voluntary petition, list, schedule or statement may be amended as a matter of course at any time before the closing of the case.”); Hamilton v. State Farm Fire & Cas. Co., 270 F.3d 778, 785 (9th Cir. 2001) (“[D]ebtor’s duty to disclose potential claims … continues for the duration of the bankruptcy proceeding.”); see also 11 U.S.C. § 541(a)(7) (property of the estate includes any “interest in property that the estate acquires after the commencement of the case”). Indeed, courts have recognized the importance of full disclosure to the integrity of the bankruptcy system. See Burnes v. Pemco Aeroplex, Inc., 291 F.3d 1282, 1286 (11th Cir. 2002) (“full and honest disclosure in a bankruptcy case is ‘crucial to the effective functioning of the federal bankruptcy system.’”) (citation omitted); Coastal Plains, Inc., 179 F.3d at 208 (“Viewed against the backdrop of the bankruptcy system and the ends it seeks to achieve, the importance of this disclosure duty cannot be overemphasized.”). Here, as plaintiff’s husband, Mr. Flores had an obligation to disclose all claims and potential claims constituting community property as assets of the bankruptcy estate. He Case 2:15-cv-01727-MWF-JEM Document 32-1 Filed 11/21/16 Page 14 of 22 Page ID #:190 LEGAL_US_W # 87117786.5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 MEMO ISO DFT’S MTN FOR PRTL J. ON THE PLDGS OR, IN THE ALT., PRTL. S. J. U.S.D.C., C.D. Cal., No. CV 15-01727 MWF (JEMx) failed to disclose plaintiff’s potential claims in his petition for bankruptcy in June 2013, and therefore represented that no such community property claims or potential claims existed. (Scott Decl., ¶ 3, Exh. B.) Based on these misrepresentations, which neither plaintiff nor Mr. Flores corrected, plaintiff and her husband obtained a no-asset discharge of community debt in January 2014. (Id., ¶ 4, Exh. C.) Approximately two months before the bankruptcy case was closed (on February 10, 2015), plaintiff filed the instant action against Rite Aid. (Id., ¶ 5, Exh. D.) Neither plaintiff nor Mr. Flores has amended or reopened bankruptcy proceedings to correct the misrepresentation. (Id., ¶¶ 5-6, Exh. D.) 2. Failure to Disclose Plaintiff’s Pre-Petition Claims to the Bankruptcy Court Bars Plaintiff’s Pursuit of the Claims as a Matter of Law under the Doctrine of Judicial Estoppel. Judicial estoppel protects the integrity of the judicial system and the bankruptcy process. See Hamilton, 270 F.3d at 782; New Hampshire v. Maine, 532 U.S. 742, 743 (2001) (judicial estoppel intended to “‘protect the integrity of the judicial process by prohibiting parties from deliberately changing positions according to the exigencies of the moment.’”) (citations omitted). Failure to list potential claims “deceive[s] the bankruptcy court and [plaintiff’s] creditors.” Hamilton, 270 F.3d at 785. “[T]he federal courts have developed a basic default rule: If a plaintiff-debtor omits a pending (or soon- to-be filed) lawsuit from the bankruptcy schedules and obtains a discharge (or plan confirmation), judicial estoppel bars the action.” Ah Quin v. County of Kauai Dep’t of Transp., 733 F.3d 267, 271 (9th Cir. 2013). In the bankruptcy context, a party is judicially estopped from asserting a cause of action not disclosed or “otherwise mentioned in the debtor’s schedules or disclosure statements.” See Hamilton, 270 F.3d at 783; Coastal Plains, 179 F.3d at 208 (“Courts in numerous cases have precluded debtors or former debtors from pursuing claims about which the debtors had knowledge, but did not disclose, during the debtors’ bankruptcy proceedings.”); Gaskins v. Thousand Trails, LP, 521 F. Supp. 2d 693, 697 (S.D. Ohio 2007) (dismissing plaintiff’s FLSA claim as judicially estopped where plaintiff alleged Case 2:15-cv-01727-MWF-JEM Document 32-1 Filed 11/21/16 Page 15 of 22 Page ID #:191 LEGAL_US_W # 87117786.5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10 MEMO ISO DFT’S MTN FOR PRTL J. ON THE PLDGS OR, IN THE ALT., PRTL. S. J. U.S.D.C., C.D. Cal., No. CV 15-01727 MWF (JEMx) she had “regularly” worked overtime in prior four years, yet failed to disclose her potential wage claims in her Chapter 7 bankruptcy petition filed two years before filing her FLSA claim).2 Three factors generally inform the application of judicial estoppel: (1) whether “a party’s later position [is] ‘clearly inconsistent’ with its earlier position,” (2) “whether the party achieved success in the prior proceeding,” and (3) “whether, if not estopped, the party seeking to assert an inconsistent position would derive an unfair advantage or impose an unfair detriment on the other party.” Abercrombie & Fitch Co. v. Moose Creek, Inc., 486 F.3d 629, 633 (9th Cir. 2007) (citations omitted); see also New Hampshire, 532 U.S. at 749-51; Hamilton, 270 F.3d at 783. The Supreme Court has articulated these factors as among those a court may consider, but as judicial estoppel is an equitable doctrine, it is not a rigidly defined test. See Reed v. City of Arlington, 620 F.3d 477, 481 (5th Cir. 2010); Hamilton, 270 F.3d at 782 (noting that factors may be considered). Accordingly, a party may be judicially estopped even absent harm to the other party: “Because the doctrine is intended to protect the judicial system, rather than the litigants, detrimental reliance by the opponent of the party against whom the doctrine is applied is not necessary.” Coastal Plains, 179 F.3d at 205 (emphasis in original). Here, all of the elements warranting application of judicial estoppel are present. a. Plaintiff’s Pursuit of Her Claims in This Action is Inconsistent with the Earlier Position Taken in Mr. Flores’s Bankruptcy that No Such Claims Existed. Omitting plaintiff’s claims against Rite Aid effectively represented to the Bankruptcy Court that the marital community did not possess any contingent claims as 2 It is no answer to say that the defendant unfairly benefits. See, e.g., Arruda v. C&H Sugar Co., 2007 U.S. Dist. LEXIS 16519 at *17 (E.D. Cal. Mar. 8, 2007) (“While it may appear that the application of judicial estoppel is harsh or unfair, the integrity of the bankruptcy system and judicial comity is more important than any single case, including this one.”); Jeffrey v. Desmond, 70 F.3d 183, 186 n.6 (1st Cir. 1995) (“[D]ebtor is judicially estopped from asserting prepetition claims not disclosed during the bankruptcy case, even though the judicial estoppel might result in a windfall to the defendant.”). Case 2:15-cv-01727-MWF-JEM Document 32-1 Filed 11/21/16 Page 16 of 22 Page ID #:192 LEGAL_US_W # 87117786.5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 MEMO ISO DFT’S MTN FOR PRTL J. ON THE PLDGS OR, IN THE ALT., PRTL. S. J. U.S.D.C., C.D. Cal., No. CV 15-01727 MWF (JEMx) assets. Yet now, plaintiff is pursuing those very same claims in this Court. The Ninth Circuit has unequivocally held that nondisclosure and later pursuit of undisclosed claims constitutes taking “inconsistent positions” sufficient to warrant the application of judicial estoppel. In Hamilton v. State Farm Fire & Casualty Company, 270 F.3d 778, 785 (9th Cir. 2001), the plaintiff filed a claim with State Farm under his homeowner’s insurance policy for alleged residential vandalism damage to his house. Later, when the plaintiff filed for bankruptcy protection, he listed the residential vandalism as a loss, but failed to list his bad-faith claims against State Farm as assets of the estate. Id. at 781. The plaintiff failed to amend his schedules throughout the course of his bankruptcy and then, after completion of the bankruptcy proceedings, commenced the action against State Farm. Id. at 781-82. The district court held that the plaintiff’s claim against State Farm was barred by the doctrine of judicial estoppel because he had taken “contradictory positions by first failing to … include his insurance claim and pending bad faith action against State Farm [in the bankruptcy proceedings], and then persisting in his attempts to recover on the claims[.]” Id. at 782. The Ninth Circuit affirmed, holding that the plaintiff had “clearly asserted inconsistent positions.” Id. at 784. Similarly, in Talosig v. U.S. Bank N.A., 2016 WL 632796 at *1 (E.D. Cal. Feb. 17, 2016), Carolyn and Darwin Talosig, husband and wife, jointly brought claims against the defendant. However, plaintiff Carolyn Talosig had previously individually filed for bankruptcy, and failed to disclose any contingent claims as assets on the bankruptcy schedule. Id. The court found: “Plaintiffs represented to the bankruptcy court that they did not possess any contingent claims as assets. Now, Plaintiffs seek to bring those unlisted claims in this Court” and concluded, “Plaintiffs’ positions were clearly inconsistent.” Id. at *3. The fact that the debtor-spouse filed for bankruptcy individually was immaterial: both spouses’ claims were estopped. Plaintiff Darwin Talosig argued that even if his wife’s claims were judicially estopped, his own claims were not barred because only his Case 2:15-cv-01727-MWF-JEM Document 32-1 Filed 11/21/16 Page 17 of 22 Page ID #:193 LEGAL_US_W # 87117786.5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12 MEMO ISO DFT’S MTN FOR PRTL J. ON THE PLDGS OR, IN THE ALT., PRTL. S. J. U.S.D.C., C.D. Cal., No. CV 15-01727 MWF (JEMx) wife filed for bankruptcy. The court rejected this argument: Plaintiffs’ present claims, which arose during the marriage, are community property. The claims, as community property of the debtor (Carolyn) and the debtor’s spouse (Darwin), became property of the bankruptcy estate when Carolyn petitioned for bankruptcy. Carolyn was therefore required to disclose the claims on her bankruptcy schedules. She failed to do so. Because of this failure, the Court invokes judicial estoppel to bar both Plaintiffs’ claims. Id. at *4. Identically here, the petition for bankruptcy represented to the Bankruptcy Court and creditors of the marital community that no contingent assets or potential claims existed. Yet now, plaintiff has taken a “clearly inconsistent position” by pursuing the instant action and representing that such claims did, in fact, exist. (Scott Decl. ¶ 3, Exh. B.) b. Plaintiff Achieved Success in the Prior Proceeding: the Bankruptcy Court Accepted the Misrepresentations and Granted a No-Asset Discharge of Community Property Debt. Mr. Flores’s bankruptcy petition achieved a no-asset discharge of debts against the community property. (Scott Decl. ¶ 4, Exh. C.) As the Ninth Circuit held in Hamilton, “discharge of debt by a Bankruptcy Court … is sufficient acceptance to provide a basis for judicial estoppel.” 270 F.3d at 784; see also Talosig, 2016 WL 632796 at *4 (“A discharge of debt by a bankruptcy court is sufficient acceptance of a debtor’s assertions to provide a basis for judicial estoppel.”). c. The Court Should Not Permit Plaintiff to Undermine the Integrity of the Judicial System and Unfairly Benefit Herself and Mr. Flores by Pursuing This Action. Any result other than application of judicial estoppel would undermine the judicial system and confer an unfair benefit on plaintiff and Mr. Flores, who would receive any proceeds awarded to plaintiff in this action because they are community property. Case 2:15-cv-01727-MWF-JEM Document 32-1 Filed 11/21/16 Page 18 of 22 Page ID #:194 LEGAL_US_W # 87117786.5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13 MEMO ISO DFT’S MTN FOR PRTL J. ON THE PLDGS OR, IN THE ALT., PRTL. S. J. U.S.D.C., C.D. Cal., No. CV 15-01727 MWF (JEMx) Plaintiff and Mr. Flores obtained a no-asset discharge of community debt, based on the representation that the community had no claims or potential claims against Rite Aid. Plaintiff and Mr. Flores should not be allowed to obtain the benefit of receiving an automatic stay of over $15,000,000 in claims and a discharge of debt, while shielding plaintiff’s contingent asset from the reach of creditors. Indeed, Mr. Flores admitted that the entire motive behind his bankruptcy petition was to avoid a $15 million lawsuit filed against him: Q. Do you know whether your wife was aware that you filed for bankruptcy? A. Yes. I had a $15 million lawsuit because of that lady that fell on the property, but luckily the bankruptcy helped me out because it kind of, like, showed the lady that the assets weren’t available for her, so then they settled for the insurance policy. If I hadn’t done that, I think she would have tried to go after, you know, more - a lot of the assets. (Flores Depo. at 52:3-12.) This Court should not permit plaintiff to benefit from misuse of the legal process. See Hamilton, 270 F.3d at 785 (“[Plaintiff’s] failure to list his claims against State Farm as assets on his bankruptcy schedules deceived the bankruptcy court and [plaintiff’s] creditors, who relied on the schedules to determine what action, if any, they would take in the matter.”). d. Plaintiff Has No Grounds to Avoid Application of Judicial Estoppel. Rite Aid anticipates that plaintiff may attempt to claim inadvertence in failing to disclose the pre-petition claims because she and Mr. Flores were unaware of plaintiff’s potential claims and that this Court should not apply judicial estoppel absent a finding of an intent to deceive or bad faith. But a finding of intentional deception or malfeasance is not a requirement for the application of judicial estoppel. Schneider v. Unum Life Ins. Company of America, 2007 Case 2:15-cv-01727-MWF-JEM Document 32-1 Filed 11/21/16 Page 19 of 22 Page ID #:195 LEGAL_US_W # 87117786.5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14 MEMO ISO DFT’S MTN FOR PRTL J. ON THE PLDGS OR, IN THE ALT., PRTL. S. J. U.S.D.C., C.D. Cal., No. CV 15-01727 MWF (JEMx) U.S. Dist. LEXIS 97867 at *11-12 (D. Or. Oct. 11, 2007) (plaintiff-debtor’s intent is factor that may be considered in analysis of whether judicial estoppel should apply, but is not itself dispositive); see New Hampshire, 532 U.S. at 753 (“it may be appropriate to resist application of judicial estoppel when a party’s prior position was based on inadvertence or mistake.”) (emphasis supplied, internal quotes omitted); Hamilton, 270 F.3d at 784 (applying judicial estoppel without imposing bad faith or intentional deception as a prerequisite). Even assuming arguendo that this Court should consider intent, that factor, too, weighs overwhelmingly in favor of applying judicial estoppel. In the application of “judicial estoppel for bankruptcy cases, the debtor’s failure to satisfy its statutory disclosure duty is ‘inadvertent’ only when, in general, the debtor either lacks knowledge of the undisclosed claims or has no motive for their concealment.” Coastal Plains, 179 F.3d at 210 (emphasis in original); Ah Quin v. County of Kauai Dep’t. of Transp. at 272- 73 (finding “narrow exception for good faith” is appropriate when bankruptcy proceedings are not reopened after discovery of undisclosed claim). Courts refuse to find “inadvertence” where a plaintiff had knowledge of the facts underlying the claims that he or she failed to disclose to the bankruptcy court. Arruda v. C&H Sugar Co., 2007 U.S. Dist. LEXIS 16519 at *15-16 (E.D. Cal. Mar. 8, 2007). A plaintiff does not need to know all facts underlying the claim before being required to notify the bankruptcy court of the potential asset-only enough facts to show that a potential cause of action exists. Hamilton, 370 F.3d at 784; Hay v. First Interstate Bank of Kalispell, N.A., 978 F.2d 555, 557 (9th Cir. 1992) (“We recognize that all facts were not known to [plaintiff] at that time, but enough was known to require notification of the existence of the asset to the bankruptcy court.”) (emphasis in original). Here, plaintiff alleges in her complaint that Rite Aid “improperly and illegally misclassified [her] as an ‘exempt’ employee when, in fact, she was ‘non-exempt’ according to California law” and was “regularly” scheduled to work in excess of 8 hours per workday. (Cmplt., ¶ 13.) Plaintiff further alleges that she “spent well over 50% of Case 2:15-cv-01727-MWF-JEM Document 32-1 Filed 11/21/16 Page 20 of 22 Page ID #:196 LEGAL_US_W # 87117786.5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15 MEMO ISO DFT’S MTN FOR PRTL J. ON THE PLDGS OR, IN THE ALT., PRTL. S. J. U.S.D.C., C.D. Cal., No. CV 15-01727 MWF (JEMx) her time performing non-exempt work such as cashiering, stocking merchandise, cleaning …” and was required to work “overtime without pay and regularly spend more than 50% of her time performing non-exempt tasks.” (Id., ¶ 14-15.) Thus, Plaintiff knew the alleged facts underlying her cause of action against Rite Aid, but nevertheless failed to disclose her potential claims as a contingent community property asset to the Bankruptcy Court. Moreover, a presumption of deliberate manipulation and no finding of mistake or inadvertence are appropriate because no attempts have been made to amend the bankruptcy schedules or reopen the bankruptcy case. In Ah Quin v. County of Kauai Department of Transportation, 733 F.3d 267 (9th Cir. 2013), the Ninth Circuit stated, “given the strong need for full disclosure in bankruptcy proceedings and the fact that the plaintiff-debtor received an unfair advantage in the bankruptcy court, it makes sense to apply a presumption of deliberate manipulation” when bankruptcy proceedings are not reopened upon discovery of an undisclosed claim. Id. at 272-73; see also Ramirez v. Manpower Inc., 2014 U.S. Dist. LEXIS 94362 at *14 (N.D. Cal. Jul. 10, 2014) (“When the record is devoid of evidence of mistake or inadvertence, judgment for the defendant is warranted.”) (emphasis in original); Dzakula v. McHugh, 746 F.3d 399, 401-02 (9th Cir. 2013) (no showing of inadvertence or mistake without timely amendment). Certainly by the time plaintiff filed her complaint on November 26, 2014- approximately 10 months after they received a no-asset discharge of community debt and approximately 2 months prior to the bankruptcy case’s closing on February 10, 2015- plaintiff and Mr. Flores had full knowledge of plaintiff’s claims. Yet no attempts were made to amend the bankruptcy schedules or reopen bankruptcy proceedings to correct the misrepresentation. (Scott Decl. ¶¶ 5-6, Exh. D.) Thus, a presumption of deliberate manipulation is appropriate. See Arruda, at *16-17 (“Plaintiffs clearly had knowledge of undisclosed facts concerning their potential claims and the possibility of receiving bankruptcy protection while at the same time asserting those claims supplied a motive to conceal them.”). Case 2:15-cv-01727-MWF-JEM Document 32-1 Filed 11/21/16 Page 21 of 22 Page ID #:197 LEGAL_US_W # 87117786.5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16 MEMO ISO DFT’S MTN FOR PRTL J. ON THE PLDGS OR, IN THE ALT., PRTL. S. J. U.S.D.C., C.D. Cal., No. CV 15-01727 MWF (JEMx) Plaintiff and Mr. Flores stood to benefit from their lack of disclosure and thus had motive to seek the benefits of asserting inconsistent positions. Specifically, plaintiff and Mr. Flores stand to benefit by now asserting claims and seeking to obtain the full fruits of any recovery against Rite Aid without making any such recovery available to the creditors of their community property. This motive weighs against a finding of innocent mistake or inadvertence. See, e.g., Caviness v. England, 2007 U.S. Dist. LEXIS 32696 at *39 (E.D. Cal. May 3, 2007) (“By failing to list the EEO claims on his bankruptcy schedules, plaintiff deceived his creditors, the bankruptcy trustee, and the Bankruptcy Court, all of whom relied on plaintiff’s petition and schedules to determine what action, if any, they would take in the bankruptcy proceedings. Plaintiff … avoided collection efforts that might otherwise have been made by his creditors, and prevented creditors from obtaining an interest in the administrative claims that plaintiff actively pursued during the bankruptcy proceedings and afterward.”). It is precisely this motive to conceal and unfairly benefit for which the doctrine of judicial estoppel exists: to protect the integrity of the judicial system. Accordingly, plaintiff’s pre-petition claims are subject to judicial estoppel and should be dismissed. IV. CONCLUSION Plaintiff lacks standing to pursue her pre-petition claims in this action and, in any event, they are barred by judicial estoppel. The Court should grant partial judgment, whether under Rule 12(c) or Rule 56, as to plaintiff’s claims which occurred before June 5, 2013, the date Mr. Flores filed his bankruptcy petition. Dated: November 21, 2016 JEFFREY D. WOHL JUSTIN SCOTT PAUL HASTINGS LLP By: /s/ Justin M. Scott Justin M. Scott Attorneys for Defendant Rite Aid Corporation Case 2:15-cv-01727-MWF-JEM Document 32-1 Filed 11/21/16 Page 22 of 22 Page ID #:198 LEGAL_US_W # 87856446.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SCOTT DECL. ISO DFT’S MTN FOR PRTL J. ON PLDGS OR, IN THE ALT., PRTL. S. J. U.S.D.C., C.D. Cal., No. CV 15-01727 MWF (JEMx) JEFFREY D. WOHL (Cal. State Bar No. 096838) JUSTIN M. SCOTT (Cal. State Bar No. 302502) PAUL HASTINGS LLP 55 Second Street, 24th Floor San Francisco, California 94105-3441 Telephone: (415) 856-7000 Facsimile: (415) 856-7100 jeffwohl@paulhastings.com justinscott@paulhastings.com Attorneys for Defendant Rite Aid Corporation UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA REBECCA YAM, an individual, Plaintiff, vs. RITE AID CORPORATION, and DOES 1 through 50, inclusive, Defendants. No. 2:15-cv-01727-MWF (JEMx) DECLARATION OF JUSTIN M. SCOTT AND REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT RITE AID CORPORATION’S MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT Date: December 19, 2016 Time: 10:00 a.m. Ctrm: 5A (1st Street Courthouse, 350 W. 1st Street, Los Angeles) Judge: Hon. Michael W. Fitzgerald Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/16 Page 1 of 73 Page ID #:199 LEGAL_US_W # 87856446.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SCOTT DECL. ISO DFT'S MTN FOR PRTL J. ON THE PLDGS OR, IN THE ALT., PRTL. S. J. U.S.D.C., C.D. Cal., No. CV 15-01727 MWF (JEMx) I, Justin M. Scott, declare: 1. I am a member of the Bar of this Court and one of the attorneys representing defendant Rite Aid Corporation (“Rite Aid”) in this action. I make this declaration and request for judicial notice in support of Rite Aid’s Motion for Partial Judgment on the Pleadings or, in the Alternative, Partial Summary Judgment. I have personal knowledge of the facts set forth in this declaration and could and would competently testify to them under oath if called as a witness. 2. On October 3, 2016, counsel for Rite Aid took the deposition of Antonio Flores, plaintiff’s husband. True copies of excerpts from the deposition are attached to this declaration as Exhibit A. 3. In his deposition, Mr. Flores testified that he filed for bankruptcy protection under Chapter 7 of the Bankruptcy Code during the limitations period at issue in this action. A true copy of the bankruptcy petition and accompanying schedules, filed on June 5, 2013, in the U.S. Bankruptcy Court for the Central District of California, Case No. 2:13-bk-24863-TD, is attached to this declaration as Exhibit B, and I ask the Court to take judicial notice of this filing pursuant to Rule 201, Federal Rules of Evidence. 4. On January 6, 2014, based on the bankruptcy petition and schedules, the Bankruptcy Court granted a no-asset discharge of community property debt and plaintiff’s husband’s individual debt. A true copy of the discharge order is attached to this declaration as Exhibit C, and I ask the Court to take judicial notice of this filing pursuant to Rule 201, Federal Rules of Evidence. 5. The Bankruptcy Court closed Mr. Flores’s bankruptcy proceedings on February 10, 2015, approximately two and a half months after plaintiff filed her complaint against Rite Aid on November 26, 2014. A true and correct copy of the complete docket of plaintiff’s husband’s bankruptcy proceedings, retrieved on November 17, 2016 is attached to this declaration as Exhibit D, and I ask the Court to take judicial notice of this docket pursuant to Rule 201, Federal Rules of Evidence. Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/16 Page 2 of 73 Page ID #:200 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/16 Page 3 of 73 Page ID #:201 EXHIBIT A Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/16 Page 4 of 73 Page ID #:202 ·1· · · · · · · IN THE UNITED STATES DISTRICT COURT ·2· · · · · · · · ·CENTRAL DISTRICT OF CALIFORNIA ·3 ·4· ·REBECCA YAM, an individual,· ·) · · · · · · · · · · · · · · · · · ·) Case No.: ·5· · · · ·Plaintiff,· · · · · · · ) 2:15-CV-01727-MWF · · · · · · · · · · · · · · · · · ·) (JEMx) ·6· · ·vs.· · · · · · · · · · · · ·) · · · · · · · · · · · · · · · · · ·) ·7· ·RITE AID CORPORATION, and· · ·) Pages 1 to 101 · · ·DOES 1 through 50, inclusive, ) ·8· · · · · · · · · · · · · · · · ·) · · · · · ·Defendants.· · · · · · ·) ·9· ·______________________________) 10 11 12 13 14 15· ·DEPOSITION OF: 16· · · · · · ANTONIO MARTINEZ FLORES, VOLUME I 17· · · · · · MONDAY, OCTOBER 3, 2016 18· · · · · · 2:35 p.m. 19 20 21 22· ·Job No.: WDC-100344 23· ·REPORTED BY: 24· · · · · · Vickie Blair 25· · · · · · CSR No. 8940, RPR-CRR, CLR ANTONIO MARTINEZ FLORES, VOLUME 1 - 10/03/2016 1-800-292-4789 DTI Court Reporting Solutions - Washington, DC www.deposition.com/washington-dc.htm Page 1 Exhibit A Page 3 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/16 Page 5 of 73 Page ID #:203 ·1· · · ·Q· ·Does she typically take all five weeks every ·2· ·year? ·3· · · ·A· ·Sometimes she wasn't able to, but they would ·4· ·save them up to a certain point.· So now she makes sure ·5· ·she takes them because after you get to a certain point, ·6· ·if you keep saving them, you lose out. ·7· · · ·Q· ·So she would make sure to use them up -- ·8· · · ·A· ·Yes. ·9· · · ·Q· ·-- to make sure she did not lose them; correct? 10· · · ·A· ·Yes. 11· · · ·Q· ·And you told me you and your wife married 12· ·April 28th of 2001; right? 13· · · ·A· ·Yes. 14· · · ·Q· ·And did you know her for some period of time 15· ·prior? 16· · · ·A· ·Yes. 17· · · ·Q· ·Did you live together prior? 18· · · ·A· ·No. 19· · · ·Q· ·How long did the two of you know each other 20· ·prior to when you got married? 21· · · ·A· ·Hmm, a long time because she used to be my 22· ·assistant manager when I was in Alhambra at the Rite 23· ·Aid -- I forget the store number, but in Alhambra on 24· ·Valley Boulevard.· But we didn't go -- we didn't start 25· ·going out until she was transferred to another store and h t t p : / / w w w . y e s l a w . n e t / h e l p ANTONIO MARTINEZ FLORES, VOLUME 1 - 10/03/2016 1-800-292-4789 DTI Court Reporting Solutions - Washington, DC www.deposition.com/washington-dc.htm Page 38 YVer1fExhibit A Page 4 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/16 Page 6 of 73 Page ID #:204 ·1· · · ·Q· ·The same handout you gave to the other woman? ·2· · · ·A· ·Uh-huh. ·3· · · ·Q· ·Do you know whether your wife was aware that you ·4· ·filed for bankruptcy? ·5· · · ·A· ·Yes.· I had a $15 million lawsuit because of ·6· ·that lady that fell on the property, but luckily the ·7· ·bankruptcy helped me out because it kind of, like, ·8· ·showed the lady that the assets weren't available for ·9· ·her, so then they settled for the insurance policy. 10· · · · · ·If I hadn't done that, I think she would have 11· ·tried to go after, you know, more -- a lot of the 12· ·assets. 13· · · ·Q· ·As far as working with your wife, other than the 14· ·circumstances when you would work in her store when you 15· ·were assisting her with preparing for inventory, were 16· ·there any other occasions when you worked with your wife 17· ·while she was a store manager? 18· · · ·A· ·Yes.· Like I answered earlier, once in a while 19· ·when I would drop off lunch and she didn't have 20· ·coverage, I would cover the checkstand for a little 21· ·while so she could eat, and then leave. 22· · · ·Q· ·Any other occasion? 23· · · ·A· ·Hmm, I don't recall. 24· · · ·Q· ·Let me go back a step. 25· · · · · ·To the extent that you covered checkstand for h t t p : / / w w w . y e s l a w . n e t / h e l p ANTONIO MARTINEZ FLORES, VOLUME 1 - 10/03/2016 1-800-292-4789 DTI Court Reporting Solutions - Washington, DC www.deposition.com/washington-dc.htm Page 52 YVer1fExhibit A Page 5 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/16 Page 7 of 73 Page ID #:205 ·1· ·STATE OF CALIFORNIA· · ·) · · · · · · · · · · · · · · ·)· ss. ·2· ·COUNTY OF LOS ANGELES· ·) ·3· · · · · ·I, Vickie Blair, Certified Shorthand Reporter ·4· ·No. 8940, RPR-CRR, CLR, for the State of California, do ·5· ·hereby certify: ·6· · · · · ·That prior to being examined, the witness named ·7· ·in the foregoing deposition was duly sworn to testify to ·8· ·the truth, the whole truth, and nothing but the truth; ·9· · · · · ·That said deposition was taken down by me in 10· ·shorthand at the time and place therein named and 11· ·thereafter reduced by me to typewritten form and that 12· ·the same is a true, correct, and complete transcript of 13· ·said proceedings. 14· · · · · ·Before completion of the deposition, review of 15· ·the transcript was not requested. 16· · · · · ·I further certify that I am not interested in 17· ·the outcome of this action. 18· · · · · ·WITNESS my hand this 12th day of October, 2016. 19 20 21 22 23 24· · · · · · · · · ________________________________________ 25· · · · · · · · · Vickie Blair, CSR No. 8940, RPR-CRR, CLR ANTONIO MARTINEZ FLORES, VOLUME 1 - 10/03/2016 1-800-292-4789 DTI Court Reporting Solutions - Washington, DC www.deposition.com/washington-dc.htm Page 101 Exhibit A Page 6 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/16 Page 8 of 73 Page ID #:206 EXHIBIT B Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/16 Page 9 of 73 Page ID #:207 }bk1{Form .VluntayPei(CDLcs) B1 (Official Form 1)(04/13) United States Bankruptcy Court Voluntary Petition Name of Debtor (if individual, enter Last, First, Middle): All Other Names used by the Debtor in the last 8 years (include married, maiden, and trade names): Last four digits of Soc. Sec. or Individual-Taxpayer I.D. (ITIN)/Complete EIN (if more than one, state all) Street Address of Debtor (No. and Street, City, and State): County of Residence or of the Principal Place of Business: Mailing Address of Debtor (if different from street address): Location of Principal Assets of Business Debtor (if different from street address above): Name of Joint Debtor (Spouse) (Last, First, Middle): All Other Names used by the Joint Debtor in the last 8 years (include married, maiden, and trade names): Last four digits of Soc. Sec. or Individual-Taxpayer I.D. (ITIN) No./Complete EIN (if more than one, state all) Street Address of Joint Debtor (No. and Street, City, and State): County of Residence or of the Principal Place of Business: Mailing Address of Joint Debtor (if different from street address): ZIP Code ZIP Code ZIP Code ZIP Code Type of Debtor (Form of Organization) (Check one box) Individual (includes Joint Debtors) See Exhibit D on page 2 of this form. Corporation (includes LLC and LLP) Partnership Other (If debtor is not one of the above entities, check this box and state type of entity below.) Chapter 15 Debtors Country of debtor's center of main interests: Each country in which a foreign proceeding by, regarding, or against debtor is pending: Filing Fee (Check one box) Full Filing Fee attached Filing Fee to be paid in installments (applicable to individuals only). Must attach signed application for the court's consideration certifying that the debtor is unable to pay fee except in installments. Rule 1006(b). See Official Form 3A. Filing Fee waiver requested (applicable to chapter 7 individuals only). Must attach signed application for the court's consideration. See Official Form 3B. Nature of Business (Check one box) Health Care Business Single Asset Real Estate as defined in 11 U.S.C. § 101 (51B) Railroad Stockbroker Commodity Broker Clearing Bank Other Tax-Exempt Entity (Check box, if applicable) Debtor is a tax-exempt organization under Title 26 of the United States Code (the Internal Revenue Code). Chapter of Bankruptcy Code Under Which the Petition is Filed (Check one box) Chapter 7 Chapter 9 Chapter 11 Chapter 12 Chapter 13 Chapter 15 Petition for Recognition of a Foreign Main Proceeding Chapter 15 Petition for Recognition of a Foreign Nonmain Proceeding Nature of Debts (Check one box) Debts are primarily consumer debts, Debts are primarily defined in 11 U.S.C. § 101(8) as business debts. "incurred by an individual primarily for a personal, family, or household purpose." Chapter 11 DebtorsCheck one box: Debtor is a small business debtor as defined in 11 U.S.C. § 101(51D). Debtor is not a small business debtor as defined in 11 U.S.C. § 101(51D). Check if: Debtor’s aggregate noncontingent liquidated debts (excluding debts owed to insiders or affiliates) are less than $2,490,925 (amount subject to adjustment on 4/01/16 and every three years thereafter). Check all applicable boxes: A plan is being filed with this petition. Acceptances of the plan were solicited prepetition from one or more classes of creditors, in accordance with 11 U.S.C. § 1126(b). THIS SPACE IS FOR COURT USE ONLYStatistical/Administrative Information Debtor estimates that funds will be available for distribution to unsecured creditors. Debtor estimates that, after any exempt property is excluded and administrative expenses paid, there will be no funds available for distribution to unsecured creditors. Estimated Number of Creditors 1- 50- 100- 200- 1,000- 5,001- 10,001- 25,001- 50,001- OVER 49 99 199 999 5,000 10,000 25,000 50,000 100,000 100,000 Estimated Assets $0 to $50,001 to $100,001 to $500,001 $1,000,001 $10,000,001 $50,000,001 $100,000,001 $500,000,001 More than $50,000 $100,000 $500,000 to $1 to $10 to $50 to $100 to $500 to $1 billion $1 billion million million million million million Estimated Liabilities $0 to $50,001 to $100,001 to $500,001 $1,000,001 $10,000,001 $50,000,001 $100,000,001 $500,000,001 More than $50,000 $100,000 $500,000 to $1 to $10 to $50 to $100 to $500 to $1 billion $1 billion million million million million million Central District of California Flores, Antonio Martinez xxx-xx-2208 525 E. Sea Side Way, Unit 606 Long Beach, CA Los Angeles 90802 Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 1 of 57 Exhibit B Page 7 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 10 of 73 Page ID #:208 B1 (Official Form 1)(04/13) Page 2 Voluntary Petition (This page must be completed and filed in every case) Name of Debtor(s): All Prior Bankruptcy Cases Filed Within Last 8 Years (If more than two, attach additional sheet) Location Case Number: Date Filed: Where Filed: Location Case Number: Date Filed: Where Filed: Pending Bankruptcy Case Filed by any Spouse, Partner, or Affiliate of this Debtor (If more than one, attach additional sheet) Name of Debtor: Case Number: Date Filed: District: Relationship: Judge: Exhibit A (To be completed if debtor is required to file periodic reports (e.g., forms 10K and 10Q) with the Securities and Exchange Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 and is requesting relief under chapter 11.) Exhibit A is attached and made a part of this petition. Exhibit C Does the debtor own or have possession of any property that poses or is alleged to pose a threat of imminent and identifiable harm to public health or safety? Yes, and Exhibit C is attached and made a part of this petition. No. Exhibit D (To be completed by every individual debtor. If a joint petition is filed, each spouse must complete and attach a separate Exhibit D.) Exhibit D completed and signed by the debtor is attached and made a part of this petition. If this is a joint petition: Exhibit D also completed and signed by the joint debtor is attached and made a part of this petition. Information Regarding the Debtor - Venue (Check any applicable box) Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 180 days immediately preceding the date of this petition or for a longer part of such 180 days than in any other District. There is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this District. Debtor is a debtor in a foreign proceeding and has its principal place of business or principal assets in the United States in this District, or has no principal place of business or assets in the United States but is a defendant in an action or proceeding [in a federal or state court] in this District, or the interests of the parties will be served in regard to the relief sought in this District. Certification by a Debtor Who Resides as a Tenant of Residential Property (Check all applicable boxes) Landlord has a judgment against the debtor for possession of debtor's residence. (If box checked, complete the following.) (Name of landlord that obtained judgment) (Address of landlord) Debtor claims that under applicable nonbankruptcy law, there are circumstances under which the debtor would be permitted to cure the entire monetary default that gave rise to the judgment for possession, after the judgment for possession was entered, and Debtor has included with this petition the deposit with the court of any rent that would become due during the 30-day period after the filing of the petition. Debtor certifies that he/she has served the Landlord with this certification. (11 U.S.C. § 362(l)). Exhibit B (To be completed if debtor is an individual whose debts are primarily consumer debts.) I, the attorney for the petitioner named in the foregoing petition, declare that I have informed the petitioner that [he or she] may proceed under chapter 7, 11, 12, or 13 of title 11, United States Code, and have explained the relief available under each such chapter. I further certify that I delivered to the debtor the notice required by 11 U.S.C. §342(b). X Signature of Attorney for Debtor(s) (Date) Flores, Antonio Martinez - None - - None - June 5, 2013/s/ Sergio J. Siderman Sergio J. Siderman Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 2 of 57 Exhibit B Page 8 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 11 of 73 Page ID #:209 B1 (Official Form 1)(04/13) Page 3 Voluntary Petition (This page must be completed and filed in every case) Name of Debtor(s): Signatures Signature(s) of Debtor(s) (Individual/Joint) I declare under penalty of perjury that the information provided in this petition is true and correct. [If petitioner is an individual whose debts are primarily consumer debts and has chosen to file under chapter 7] I am aware that I may proceed under chapter 7, 11, 12, or 13 of title 11, United States Code, understand the relief available under each such chapter, and choose to proceed under chapter 7. [If no attorney represents me and no bankruptcy petition preparer signs the petition] I have obtained and read the notice required by 11 U.S.C. §342(b). I request relief in accordance with the chapter of title 11, United States Code, specified in this petition. X Signature of Debtor X Signature of Joint Debtor Telephone Number (If not represented by attorney) Date Signature of Attorney* X Signature of Attorney for Debtor(s) Printed Name of Attorney for Debtor(s) Firm Name Address Telephone Number Date *In a case in which § 707(b)(4)(D) applies, this signature also constitutes a certification that the attorney has no knowledge after an inquiry that the information in the schedules is incorrect. Signature of Debtor (Corporation/Partnership) I declare under penalty of perjury that the information provided in this petition is true and correct, and that I have been authorized to file this petition on behalf of the debtor. The debtor requests relief in accordance with the chapter of title 11, United States Code, specified in this petition. X Signature of Authorized Individual Printed Name of Authorized Individual Title of Authorized Individual Date Signature of a Foreign Representative I declare under penalty of perjury that the information provided in this petition is true and correct, that I am the foreign representative of a debtor in a foreign proceeding, and that I am authorized to file this petition. (Check only one box.) I request relief in accordance with chapter 15 of title 11. United States Code. Certified copies of the documents required by 11 U.S.C. §1515 are attached. Pursuant to 11 U.S.C. §1511, I request relief in accordance with the chapter of title 11 specified in this petition. A certified copy of the order granting recognition of the foreign main proceeding is attached. X Signature of Foreign Representative Printed Name of Foreign Representative Date Signature of Non-Attorney Bankruptcy Petition Preparer I declare under penalty of perjury that: (1) I am a bankruptcy petition preparer as defined in 11 U.S.C. § 110; (2) I prepared this document for compensation and have provided the debtor with a copy of this document and the notices and information required under 11 U.S.C. §§ 110(b), 110(h), and 342(b); and, (3) if rules or guidelines have been promulgated pursuant to 11 U.S.C. § 110(h) setting a maximum fee for services chargeable by bankruptcy petition preparers, I have given the debtor notice of the maximum amount before preparing any document for filing for a debtor or accepting any fee from the debtor, as required in that section. Official Form 19 is attached. Printed Name and title, if any, of Bankruptcy Petition Preparer Social-Security number (If the bankrutpcy petition preparer is not an individual, state the Social Security number of the officer, principal, responsible person or partner of the bankruptcy petition preparer.)(Required by 11 U.S.C. § 110.) Address X Date Signature of bankruptcy petition preparer or officer, principal, responsible person,or partner whose Social Security number is provided above. Names and Social-Security numbers of all other individuals who prepared or assisted in preparing this document unless the bankruptcy petition preparer is not an individual: If more than one person prepared this document, attach additional sheets conforming to the appropriate official form for each person. A bankruptcy petition preparer’s failure to comply with the provisions of title 11 and the Federal Rules of Bankruptcy Procedure may result in fines or imprisonment or both. 11 U.S.C. §110; 18 U.S.C. §156. Flores, Antonio Martinez /s/ Antonio Martinez Flores Antonio Martinez Flores June 5, 2013 /s/ Sergio J. Siderman Sergio J. Siderman 190889 L.A. Bankrupty Group 700 South Flower Street Suite 2710 Los Angeles, CA 90017 Email: ssiderman@labklaw.net (213)622-8352 Fax: (213)927-3630 June 5, 2013 190889 Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 3 of 57 Exhibit B Page 9 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 12 of 73 Page ID #:210 B 1D (Official Form 1, Exhibit D) (12/09) United States Bankruptcy Court Central District of California In re Antonio Martinez Flores Case No. Debtor(s) Chapter 7 EXHIBIT D - INDIVIDUAL DEBTOR'S STATEMENT OF COMPLIANCE WITH CREDIT COUNSELING REQUIREMENT Warning: You must be able to check truthfully one of the five statements regarding credit counseling listed below. If you cannot do so, you are not eligible to file a bankruptcy case, and the court can dismiss any case you do file. If that happens, you will lose whatever filing fee you paid, and your creditors will be able to resume collection activities against you. If your case is dismissed and you file another bankruptcy case later, you may be required to pay a second filing fee and you may have to take extra steps to stop creditors' collection activities. Every individual debtor must file this Exhibit D. If a joint petition is filed, each spouse must complete and file a separate Exhibit D. Check one of the five statements below and attach any documents as directed.  1. Within the 180 days before the filing of my bankruptcy case, I received a briefing from a credit counseling agency approved by the United States trustee or bankruptcy administrator that outlined the opportunities for available credit counseling and assisted me in performing a related budget analysis, and I have a certificate from the agency describing the services provided to me. Attach a copy of the certificate and a copy of any debt repayment plan developed through the agency.  2. Within the 180 days before the filing of my bankruptcy case, I received a briefing from a credit counseling agency approved by the United States trustee or bankruptcy administrator that outlined the opportunities for available credit counseling and assisted me in performing a related budget analysis, but I do not have a certificate from the agency describing the services provided to me. You must file a copy of a certificate from the agency describing the services provided to you and a copy of any debt repayment plan developed through the agency no later than 14 days after your bankruptcy case is filed.  3. I certify that I requested credit counseling services from an approved agency but was unable to obtain the services during the seven days from the time I made my request, and the following exigent circumstances merit a temporary waiver of the credit counseling requirement so I can file my bankruptcy case now. [Summarize exigent circumstances here.] If your certification is satisfactory to the court, you must still obtain the credit counseling briefing within the first 30 days after you file your bankruptcy petition and promptly file a certificate from the agency that provided the counseling, together with a copy of any debt management plan developed through the agency. Failure to fulfill these requirements may result in dismissal of your case. Any extension of the 30-day deadline can be granted only for cause and is limited to a maximum of 15 days. Your case may also be dismissed if the court is not satisfied with your reasons for filing your bankruptcy case without first receiving a credit counseling briefing.  4. I am not required to receive a credit counseling briefing because of: [Check the applicable statement.] [Must be accompanied by a motion for determination by the court.] Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 4 of 57 Exhibit B Page 10 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 13 of 73 Page ID #:211 B 1D (Official Form 1, Exhibit D) (12/09) - Cont. Page 2  Incapacity. (Defined in 11 U.S.C. § 109(h)(4) as impaired by reason of mental illness or mental deficiency so as to be incapable of realizing and making rational decisions with respect to financial responsibilities.);  Disability. (Defined in 11 U.S.C. § 109(h)(4) as physically impaired to the extent of being unable, after reasonable effort, to participate in a credit counseling briefing in person, by telephone, or through the Internet.);  Active military duty in a military combat zone.  5. The United States trustee or bankruptcy administrator has determined that the credit counseling requirement of 11 U.S.C. § 109(h) does not apply in this district. I certify under penalty of perjury that the information provided above is true and correct. Signature of Debtor: /s/ Antonio Martinez Flores Antonio Martinez Flores Date: June 5, 2013 Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 5 of 57 Exhibit B Page 11 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 14 of 73 Page ID #:212 STATEMENT OF RELATED CASES INFORMATION REQUIRED BY LBR 1015-2 UNITED STATES BANKRUPTCY COURT, CENTRAL DISTRICT OF CALIFORNIA 1. A petition under the Bankruptcy Act of 1898 or the Bankruptcy Reform Act of 1978 has previously been filed by or against the debtor, his/her spouse, his or her current or former domestic partner, an affiliate of the debtor, any copartnership or joint venture of which debtor is or formerly was a general or limited partner, or member, or any corporation of which the debtor is a director, officer, or person in control, as follows: (Set forth the complete number and title of each such of prior proceeding, date filed, nature thereof, the Bankruptcy Judge and court to whom assigned, whether still pending and, if not, the disposition thereof. If none, so indicate. Also, list any real property included in Schedule A that was filed with any such prior proceeding(s).) None 2. (If petitioner is a partnership or joint venture) A petition under the Bankruptcy Act of 1898 or the Bankruptcy Reform Act of 1978 has previously been filed by or against the debtor or an affiliate of the debtor, or a general partner in the debtor, a relative of the general partner, general partner of, or person in control of the debtor, partnership in which the debtor is a general partner, general partner of the debtor, or person in control of the debtor as follows: (Set forth the complete number and title of each such prior proceeding, date filed, nature of the proceeding, the Bankruptcy Judge and court to whom assigned, whether still pending and, if not, the disposition thereof. If none, so indicate. Also, list any real property included in Schedule A that was filed with any such prior proceeding(s).) None 3. (If petitioner is a corporation) A petition under the Bankruptcy Act of 1898 or the Bankruptcy Reform Act of 1978 has previously been filed by or against the debtor, or any of its affiliates or subsidiaries, a director of the debtor, an officer of the debtor, a person in control of the debtor, a partnership in which the debtor is general partner, a general partner of the debtor, a relative of the general partner, director, officer, or person in control of the debtor, or any persons, firms or corporations owning 20% or more of its voting stock as follows: (Set forth the complete number and title of each such prior proceeding, date filed, nature of proceeding, the Bankruptcy Judge and court to whom assigned, whether still pending, and if not, the disposition thereof. If none, so indicate. Also, list any real property included in Schedule A that was filed with any such prior proceeding(s).) None 4. (If petitioner is an individual) A petition under the Bankruptcy Reform Act of 1978, including amendments thereof, has been filed by or against the debtor within the last 180 days: (Set forth the complete number and title of each such prior proceeding, date filed, nature of proceeding, the Bankruptcy Judge and court to whom assigned, whether still pending, and if not, the disposition thereof. If none, so indicate. Also, list any real property included in Schedule A that was filed with any such prior proceeding(s).) Previous Bankruptcy Chapter 7 filed approximately 15 years ago in Central District of California, Riverside Division. Case was Discharged. Case does not appear on Pacer; Debtor does not have case information I declare, under penalty of perjury, that the foregoing is true and correct. Executed at Los Angeles, CA , California. /s/ Antonio Martinez Flores Antonio Martinez Flores Date: June 5, 2013 Signature of Debtor Signature of Joint Debtor This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2012 Page 1 F 1015-2.1.STMT.RELATED.CASES Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 6 of 57 Exhibit B Page 12 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 15 of 73 Page ID #:213 B201 - Notice of Available Chapters (Rev. 11/12) USBC, Central District of California Name: Sergio J. Siderman Address: 700 South Flower Street Suite 2710 Los Angeles, CA 90017 Telephone: (213)622-8352 Fax: (213)927-3630  Attorney for Debtor  Debtor in Pro Per UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA List all names including trade names, used by Debtor(s) within last 8 years: Case No.: Antonio Martinez Flores NOTICE OF AVAILABLE CHAPTERS (Notice to Individual Consumer Debtor Under § 342(b) of the Bankruptcy Code) In accordance with § 342(b) of the Bankruptcy Code, this notice to individuals with primarily consumer debts: (1) Describes briefly the services available from credit counseling services; (2) Describes briefly the purposes, benefits and costs of the four types of bankruptcy proceedings you may commence; and (3) Informs you about bankruptcy crimes and notifies you that the Attorney General may examine all information you supply in connection with a bankruptcy case. You are cautioned that bankruptcy law is complicated and not easily described. Thus, you may wish to seek the advice of an attorney to learn of your rights and responsibilities should you decide to file a petition. Court employees cannot give you legal advice. Notices from the bankruptcy court are sent to the mailing address you list on your bankruptcy petition. In order to ensure that you receive information about events concerning your case, Bankruptcy Rule 4002 requires that you notify the court of any changes in your address. If you are filing a joint case (a single bankruptcy case for two individuals married to each other), and each spouse lists the same mailing address on the bankruptcy petition, you and your spouse will generally receive a single copy of each notice mailed from the bankruptcy court in a jointly-addressed envelope, unless you file a statement with the court requesting that each spouse receive a separate copy of all notices. 1. Services Available from Credit Counseling Agencies With limited exceptions, § 109(h) of the Bankruptcy Code requires that all individual debtors who file for bankruptcy relief on or after October 17, 2005, receive a briefing that outlines the available opportunities for credit counseling and provides assistance in performing a budget analysis. The briefing must be given within 180 days before the bankruptcy filing. The briefing may be provided individually or in a group (including briefings conducted by telephone or on the Internet) and must be provided by a nonprofit budget and credit counseling agency approved by the United States trustee or bankruptcy administrator. The clerk of the bankruptcy court has a list that you may consult of the approved budget and credit counseling agencies. Each debtor in a joint case must complete the briefing. In addition, after filing a bankruptcy case, an individual debtor generally must complete a financial management instructional course before he or she can receive a discharge. The clerk also has a list of approved financial management instructional courses. Each debtor in a joint case must complete the course. 2. The Four Chapters of the Bankruptcy Code Available to Individual Consumer Debtors Chapter 7: Liquidation ($245 filing fee, $46 administrative fee, $15 trustee surcharge: Total Fee $306) 1. Chapter 7 is designed for debtors in financial difficulty who do not have the ability to pay their existing debts. Debtors whose debts are primarily consumer debts are subject to a "means test" designed to determine whether the case should be permitted to proceed under chapter 7. If your income is greater than the median income for your state of residence and family size, in some cases, creditors have the right to file a motion requesting that the court dismiss your case under § 707(b) of the Code. It is up to the court to decide whether the case should be dismissed. 2. Under chapter 7, you may claim certain of your property as exempt under governing law. A trustee may have the right to take possession of and sell the remaining property that is not exempt and use the sale proceeds to pay your creditors. 3. The purpose of filing a chapter 7 case is to obtain a discharge of your existing debts. If, however, you are found to have committed certain kinds of improper conduct described in the Bankruptcy Code, the court may deny your discharge and, if it does, the purpose for which you filed the bankruptcy petition will be defeated. Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 7 of 57 Exhibit B Page 13 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 16 of 73 Page ID #:214 B201 - Notice of Available Chapters (Rev. 11/12) USBC, Central District of California 4. Even if you receive a general discharge, some particular debts are not discharged under the law. Therefore, you may still be responsible for most taxes and student loans; debts incurred to pay nondischargeable taxes; domestic support and property settlement obligations; most fines, penalties, forfeitures, and criminal restitution obligations; certain debts which are not properly listed in your bankruptcy papers; and debts for death or personal injury caused by operating a motor vehicle, vessel, or aircraft while intoxicated from alcohol or drugs. Also, if a creditor can prove that a debt arose from fraud, breach of fiduciary duty, or theft, or from a willful and malicious injury, the bankruptcy court may determine that the debt is not discharged. Chapter 13: Repayment of All or Part of the Debts of an Individual with Regular Income ($235 filing fee, $46 administrative fee: Total fee $281) 1. Chapter 13 is designed for individuals with regular income who would like to pay all or part of their debts in installments over a period of time. You are only eligible for chapter 13 if your debts do not exceed certain dollar amounts set forth in the Bankruptcy Code. 2. Under chapter 13, you must file with the court a plan to repay your creditors all or part of the money that you owe them, using your future earnings. The period allowed by the court to repay your debts may be three years or five years, depending upon your income and other factors. The court must approve your plan before it can take effect. 3. After completing the payments under your plan, your debts are generally discharged except for domestic support obligations; most student loans; certain taxes; most criminal fines and restitution obligations; certain debts which are not properly listed in your bankruptcy papers; certain debts for acts that caused death or personal injury; and certain long term secured obligations. Chapter 11: Reorganization ($1,167 filing fee, $46 administrative fee: Total fee $1,213) Chapter 11 is designed for the reorganization of a business but is also available to consumer debtors. Its provisions are quite complicated, and any decision by an individual to file a chapter 11 petition should be reviewed with an attorney. Chapter 12: Family Farmer or Fisherman ($200 filing fee, $46 administrative fee: Total fee $246) Chapter 12 is designed to permit family farmers and fishermen to repay their debts over a period of time from future earnings and is similar to chapter 13. The eligibility requirements are restrictive, limiting its use to those whose income arises primarily from a family-owned farm or commercial fishing operation. 3. Bankruptcy Crimes and Availability of Bankruptcy Papers to Law Enforcement Officials A person who knowingly and fraudulently conceals assets or makes a false oath or statement under penalty of perjury, either orally or in writing, in connection with a bankruptcy case is subject to a fine, imprisonment, or both. All information supplied by a debtor in connection with a bankruptcy case is subject to examination by the Attorney General acting through the Office of the United States Trustee, the Office of the United States Attorney, and other components and employees of the Department of Justice. WARNING: Section 521(a)(1) of the Bankruptcy Code requires that you promptly file detailed information regarding your creditors, assets, liabilities, income, expenses and general financial condition. Your bankruptcy case may be dismissed if this information is not filed with the court within the time deadlines set by the Bankruptcy Code, the Bankruptcy Rules, and the local rules of the court. Certificate of the Debtor I (We), the debtor(s), affirm that I (we) have received and read this notice. Antonio Martinez Flores X /s/ Antonio Martinez Flores June 5, 2013 Printed Name(s) of Debtor(s) Signature of Debtor Date Case No. (if known) X Signature of Joint Debtor (if any) Date Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 8 of 57 Exhibit B Page 14 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 17 of 73 Page ID #:215 }bk1{Form 6.Suayfchedls United States Bankruptcy Court Central District of California In re , Debtor Case No. Chapter 7 Antonio Martinez Flores B6 Summary (Official Form 6 - Summary) (12/07) Indicate as to each schedule whether that schedule is attached and state the number of pages in each. Report the totals from Schedules A, B, D, E, F, I, and J in the boxes provided. Add the amounts from Schedules A and B to determine the total amount of the debtor’s assets. Add the amounts of all claims from Schedules D, E, and F to determine the total amount of the debtor’s liabilities. Individual debtors must also complete the "Statistical Summary of Certain Liabilities and Related Data" if they file a case under chapter 7, 11, or 13. SUMMARY OF SCHEDULES ATTACHED NO. OFNAME OF SCHEDULE ASSETS LIABILITIES OTHER (YES/NO) SHEETS A - Real Property B - Personal Property C - Property Claimed as Exempt D - Creditors Holding Secured Claims E - Creditors Holding Unsecured Priority Claims F - Creditors Holding Unsecured Nonpriority Claims G - Executory Contracts and Unexpired Leases H - Codebtors I - Current Income of Individual Debtor(s) J - Current Expenditures of Individual Debtor(s) Total Number of Sheets of ALL Schedules Total Assets Total Liabilities (Total of Claims on Schedule E) Software Copyright (c) 1996-2013 - CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 1 178,674.00 3 11,146.08 1 140,120.001 9,941.782 15,099,940.004 1 1 1 7,338.90 2 7,706.21 17 189,820.08 15,250,001.78 Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 9 of 57 Exhibit B Pag 15 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 18 of 73 Page ID #:216 }bk1{Form 6.StaiscluyfCenLdRD United States Bankruptcy Court Central District of California In re , Debtor Case No. Chapter 7 Antonio Martinez Flores Form 6 - Statistical Summary (12/07) STATISTICAL SUMMARY OF CERTAIN LIABILITIES AND RELATED DATA (28 U.S.C. § 159) If you are an individual debtor whose debts are primarily consumer debts, as defined in § 101(8) of the Bankruptcy Code (11 U.S.C.§ 101(8)), filing a case under chapter 7, 11 or 13, you must report all information requested below. Check this box if you are an individual debtor whose debts are NOT primarily consumer debts. You are not required to report any information here. This information is for statistical purposes only under 28 U.S.C. § 159. Summarize the following types of liabilities, as reported in the Schedules, and total them. Type of Liability Amount Domestic Support Obligations (from Schedule E) Taxes and Certain Other Debts Owed to Governmental Units (from Schedule E) Claims for Death or Personal Injury While Debtor Was Intoxicated (from Schedule E) (whether disputed or undisputed) Student Loan Obligations (from Schedule F) Domestic Support, Separation Agreement, and Divorce Decree Obligations Not Reported on Schedule E Obligations to Pension or Profit-Sharing, and Other Similar Obligations (from Schedule F) TOTAL State the following: Average Income (from Schedule I, Line 16) Average Expenses (from Schedule J, Line 18) Current Monthly Income (from Form 22A Line 12; OR, Form 22B Line 11; OR, Form 22C Line 20 ) State the following: 1. Total from Schedule D, "UNSECURED PORTION, IF ANY" column 2. Total from Schedule E, "AMOUNT ENTITLED TO PRIORITY" column 3. Total from Schedule E, "AMOUNT NOT ENTITLED TO PRIORITY, IF ANY" column 4. Total from Schedule F 5. Total of non-priority unsecured debt (sum of 1, 3, and 4) Software Copyright (c) 1996-2013 - CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy 0.00 9,941.78 0.00 0.00 0.00 0.00 9,941.78 7,338.90 7,706.21 10,685.29 0.00 9,941.78 0.00 15,099,940.00 15,099,940.00 Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 10 of 57 Exhibit B Pag 16 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 19 of 73 Page ID #:217 }bk1{Schedul A-RaPropty In re , Debtor Case No.Antonio Martinez Flores B6A (Official Form 6A) (12/07) Except as directed below, list all real property in which the debtor has any legal, equitable, or future interest, including all property owned as a cotenant, community property, or in which the debtor has a life estate. Include any property in which the debtor holds rights and powers exercisable for the debtor's own benefit. If the debtor is married, state whether husband, wife, both, or the marital community own the property by placing an "H," "W," "J," or "C" in the column labeled "Husband, Wife, Joint, or Community." If the debtor holds no interest in real property, write "None" under "Description and Location of Property." Do not include interests in executory contracts and unexpired leases on this schedule. List them in Schedule G - Executory Contracts and Unexpired Leases. If an entity claims to have a lien or hold a secured interest in any property, state the amount of the secured claim. See Schedule D. If no entity claims to hold a secured interest in the property, write "None" in the column labeled "Amount of Secured Claim." If the debtor is an individual or if a joint petition is filed, state the amount of any exemption claimed in the property only in Schedule C - Property Claimed as Exempt. Description and Location of Property Nature of Debtor'sInterest in Property Husband, Wife, Joint, or Community Current Value of Debtor's Interest in Property, without Deducting any Secured Claim or Exemption Amount of Secured Claim continuation sheets attached to the Schedule of Real Property SCHEDULE A - REAL PROPERTY Software Copyright (c) 1996-2013 - CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy 0 Rental Single Family Property Located at: 24331 Electra Ct. Moreno Valley, CA 92551 Fee Simple - 85,000.00 50,689.00 Rental Single Family Property Located at: 24328 Kurt Court Moreno Valley, CA Fee Simple - 90,626.00 89,431.00 Vacant Lot in Kern County, California (Residential; Free & Clear; ATN: 228-210-45-00-2; Purchased at $500 back in 1980) - 774.00 0.00 Vacant Lot in Kern County, California (Residential; Free & Clear; ATN: 228-210-46-00-5; Purchased at $500 back in 1980) Fee Simple - 774.00 0.00 Cemetery Plot located at: Rose Hills, CA Fee Simple - 1,500.00 0.00 Sub-Total > (Total of this page)178,674.00 Total > (Report also on Summary of Schedules) 178,674.00 Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 11 of 57 Exhibit B Pag 17 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 20 of 73 Page ID #:218 }bk1{Schedul B-Prsonapty In re , Debtor Case No.Antonio Martinez Flores B6B (Official Form 6B) (12/07) Except as directed below, list all personal property of the debtor of whatever kind. If the debtor has no property in one or more of the categories, place an "x" in the appropriate position in the column labeled "None." If additional space is needed in any category, attach a separate sheet properly identified with the case name, case number, and the number of the category. If the debtor is married, state whether husband, wife, both, or the marital community own the property by placing an "H," "W," "J," or "C" in the column labeled "Husband, Wife, Joint, or Community." If the debtor is an individual or a joint petition is filed, state the amount of any exemptions claimed only in Schedule C - Property Claimed as Exempt. Do not list interests in executory contracts and unexpired leases on this schedule. List them in Schedule G - Executory Contracts and Unexpired Leases. If the property is being held for the debtor by someone else, state that person's name and address under "Description and Location of Property." If the property is being held for a minor child, simply state the child's initials and the name and address of the child's parent or guardian, such as "A.B., a minor child, by John Doe, guardian." Do not disclose the child's name. See, 11 U.S.C. §112 and Fed. R. Bankr. P. 1007(m). Type of Property N O N E Description and Location of Property Husband, Wife, Joint, or Community Current Value of Debtor's Interest in Property, without Deducting any Secured Claim or Exemption continuation sheets attached to the Schedule of Personal Property SCHEDULE B - PERSONAL PROPERTY Software Copyright (c) 1996-2013 - CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy 2 1. Cash on hand X 2. Checking, savings or other financial accounts, certificates of deposit, or shares in banks, savings and loan, thrift, building and loan, and homestead associations, or credit unions, brokerage houses, or cooperatives. Personal Checking Account with EastWest Bank (4745) H 0.00 Personal Checking Account with EastWest Bank - 0.00 3. Security deposits with public utilities, telephone companies, landlords, and others. X 4. Household goods and furnishings, including audio, video, and computer equipment. Misc. Household Goods, Furnishings, Electronics and Appliances - 1,000.00 5. Books, pictures and other art objects, antiques, stamp, coin, record, tape, compact disc, and other collections or collectibles. X 6. Wearing apparel. Wearing Apparel and Personal Clothing Effects - 500.00 7. Furs and jewelry. Misc. Small Accent Jewelry - 1,000.00 8. Firearms and sports, photographic, and other hobby equipment. X 9. Interests in insurance policies. Name insurance company of each policy and itemize surrender or refund value of each. Term Life Insurance Policy through Employment (No Cash Value) - 0.00 Term Life Insurance Policy held with AAA Automobile Club (No Cash Value) - 0.00 Term Life Insurance Policy (No Cash Value) - 0.00 Term Life Insurance Policy (No Cash Value) - 0.00 Sub-Total > (Total of this page) 2,500.00 Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 12 of 57 Exhibit B Pag 18 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 21 of 73 Page ID #:219 B6B (Official Form 6B) (12/07) - Cont. Type of Property N O N E Description and Location of Property Husband, Wife, Joint, or Community Current Value of Debtor's Interest in Property, without Deducting any Secured Claim or Exemption Sheet of continuation sheets attached to the Schedule of Personal Property SCHEDULE B - PERSONAL PROPERTY (Continuation Sheet) Software Copyright (c) 1996-2013 - CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy In re , Debtor Case No.Antonio Martinez Flores 10. Annuities. Itemize and name each issuer. X 11. Interests in an education IRA as defined in 26 U.S.C. § 530(b)(1) or under a qualified State tuition plan as defined in 26 U.S.C. § 529(b)(1). Give particulars. (File separately the record(s) of any such interest(s). 11 U.S.C. § 521(c).) X 12. Interests in IRA, ERISA, Keogh, or other pension or profit sharing plans. Give particulars. 401k through Employment Company (No Cash Value) - 0.00 13. Stock and interests in incorporated and unincorporated businesses. Itemize. 1 Share held with Diebold - 30.80 3 Shares held with Intel - 65.87 1 Share held with Sempra Energy - 49.41 14. Interests in partnerships or joint ventures. Itemize. X 15. Government and corporate bonds and other negotiable and nonnegotiable instruments. X 16. Accounts receivable. X 17. Alimony, maintenance, support, and property settlements to which the debtor is or may be entitled. Give particulars. X 18. Other liquidated debts owed to debtor including tax refunds. Give particulars. X 19. Equitable or future interests, life estates, and rights or powers exercisable for the benefit of the debtor other than those listed in Schedule A - Real Property. X 20. Contingent and noncontingent interests in estate of a decedent, death benefit plan, life insurance policy, or trust. X Sub-Total > (Total of this page) 146.08 1 2 Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 13 of 57 Exhibit B Pag 19 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 22 of 73 Page ID #:220 B6B (Official Form 6B) (12/07) - Cont. Type of Property N O N E Description and Location of Property Husband, Wife, Joint, or Community Current Value of Debtor's Interest in Property, without Deducting any Secured Claim or Exemption Sheet of continuation sheets attached to the Schedule of Personal Property SCHEDULE B - PERSONAL PROPERTY (Continuation Sheet) Software Copyright (c) 1996-2013 - CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy In re , Debtor Case No.Antonio Martinez Flores 21. Other contingent and unliquidated claims of every nature, including tax refunds, counterclaims of the debtor, and rights to setoff claims. Give estimated value of each. X 22. Patents, copyrights, and other intellectual property. Give particulars. X 23. Licenses, franchises, and other general intangibles. Give particulars. X 24. Customer lists or other compilations containing personally identifiable information (as defined in 11 U.S.C. § 101(41A)) provided to the debtor by individuals in connection with obtaining a product or service from the debtor primarily for personal, family, or household purposes. X 25. Automobiles, trucks, trailers, and other vehicles and accessories. 2008 Honda Accord (Free & Clear; in Good Condition; 60,000 miles) - 8,500.00 26. Boats, motors, and accessories. X 27. Aircraft and accessories. X 28. Office equipment, furnishings, and supplies. X 29. Machinery, fixtures, equipment, and supplies used in business. X 30. Inventory. X 31. Animals. X 32. Crops - growing or harvested. Give particulars. X 33. Farming equipment and implements. X 34. Farm supplies, chemicals, and feed. X 35. Other personal property of any kind not already listed. Itemize. X Sub-Total > (Total of this page) 8,500.00 2 2 Total > (Report also on Summary of Schedules) 11,146.08 Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 14 of 57 Exhibit B Pag 20 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 23 of 73 Page ID #:221 }bk1{Schedul C-ProptyaimsEx In re , Debtor Case No.Antonio Martinez Flores B6C (Official Form 6C) (4/13) Debtor claims the exemptions to which debtor is entitled under: Check if debtor claims a homestead exemption that exceeds (Check one box) $155,675. (Amount subject to adjustment on 4/1/16, and every three years thereafter with respect to cases commenced on or after the date of adjustment.)11 U.S.C. §522(b)(2) 11 U.S.C. §522(b)(3) Description of Property Specify Law ProvidingEach Exemption Value of Claimed Exemption Current Value of Property Without Deducting Exemption continuation sheets attached to Schedule of Property Claimed as Exempt SCHEDULE C - PROPERTY CLAIMED AS EXEMPT Software Copyright (c) 1996-2013 - CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy 0 Real Property Rental Single Family Property Located at: 24331 Electra Ct. Moreno Valley, CA 92551 85,000.00C.C.P. § 703.140(b)(1) 25,575.00 Household Goods and Furnishings Misc. Household Goods, Furnishings, Electronics and Appliances 1,000.00C.C.P. § 703.140(b)(3) 1,000.00 Wearing Apparel Wearing Apparel and Personal Clothing Effects 500.00C.C.P. § 703.140(b)(3) 500.00 Furs and Jewelry Misc. Small Accent Jewelry 1,000.00C.C.P. § 703.140(b)(4) 1,000.00 Interests in Insurance Policies Term Life Insurance Policy through Employment (No Cash Value) 0.00C.C.P. § 703.140(b)(7) 0.00 Term Life Insurance Policy held with AAA Automobile Club (No Cash Value) 0.00C.C.P. § 703.140(b)(7) 0.00 Term Life Insurance Policy (No Cash Value) 0.00C.C.P. § 703.140(b)(7) 0.00 Term Life Insurance Policy (No Cash Value) 0.00C.C.P. § 703.140(b)(7) 0.00 Interests in IRA, ERISA, Keogh, or Other Pension or Profit Sharing Plans 401k through Employment Company (No Cash Value) 0.00C.C.P. § 703.140(b)(10)(E) 0.00 Stock and Interests in Businesses 1 Share held with Diebold 30.80C.C.P. § 703.140(b)(5) 30.80 3 Shares held with Intel 65.87C.C.P. § 703.140(b)(5) 65.87 1 Share held with Sempra Energy 49.41C.C.P. § 703.140(b)(5) 49.41 Automobiles, Trucks, Trailers, and Other Vehicles 2008 Honda Accord (Free & Clear; in Good Condition; 60,000 miles) 8,500.00C.C.P. § 703.140(b)(2) 5,100.00 C.C.P. § 703.140(b)(5) 1,203.92 Total: 34,525.00 96,146.08 Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 15 of 57 Exhibit B Pag 21 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 24 of 73 Page ID #:222 }bk1{Schedul D-CritosHngam AMOUNT OF CLAIM WITHOUT DEDUCTING VALUE OF COLLATERAL DATE CLAIM WAS INCURRED, NATURE OF LIEN, AND DESCRIPTION AND VALUE OF PROPERTY SUBJECT TO LIEN C O D E B T O R C O N T I N G E N T U N L I Q U I D A T E D D I S P U T E D Husband, Wife, Joint, or Community H W J C CREDITOR'S NAME AND MAILING ADDRESS INCLUDING ZIP CODE, AND ACCOUNT NUMBER (See instructions above.) Account No. Value $ Account No. Value $ Account No. Value $ Account No. Value $ Subtotal _____ continuation sheets attached (Total of this page) UNSECURED PORTION, IF ANY B6D (Official Form 6D) (12/07) State the name, mailing address, including zip code, and last four digits of any account number of all entities holding claims secured by property of the debtor as of the date of filing of the petition. The complete account number of any account the debtor has with the creditor is useful to the trustee and the creditor and may be provided if the debtor chooses to do so. List creditors holding all types of secured interests such as judgment liens, garnishments, statutory liens, mortgages, deeds of trust, and other security interests. List creditors in alphabetical order to the extent practicable. If a minor child is a creditor, the child's initials and the name and address of the child's parent or guardian, such as "A.B., a minor child, by John Doe, guardian." Do not disclose the child's name. See, 11 U.S.C. §112 and Fed. R. Bankr. P. 1007(m). If all secured creditors will not fit on this page, use the continuation sheet provided. If any entity other than a spouse in a joint case may be jointly liable on a claim, place an "X" in the column labeled "Codebtor" ,include the entity on the appropriate schedule of creditors, and complete Schedule H - Codebtors. If a joint petition is filed, state whether the husband, wife, both of them, or the marital community may be liable on each claim by placing an "H", "W", "J", or "C" in the column labeled "Husband, Wife, Joint, or Community". If the claim is contingent, place an "X" in the column labeled "Contingent". If the claim is unliquidated, place an "X" in the column labeled "Unliquidated". If the claim is disputed, place an "X" in the column labeled "Disputed". (You may need to place an "X" in more than one of these three columns.) Total the columns labeled "Amount of Claim Without Deducting Value of Collateral" and "Unsecured Portion, if Any" in the boxes labeled "Total(s)" on the last sheet of the completed schedule. Report the total from the column labeled "Amount of Claim" also on the Summary of Schedules and, if the debtor is an individual with primarily consumer debts, report the total from the column labeled "Unsecured Portion" on the Statistical Summary of Certain Liabilities and Related Data. Check this box if debtor has no creditors holding secured claims to report on this Schedule D. SCHEDULE D - CREDITORS HOLDING SECURED CLAIMS Software Copyright (c) 1996-2013 - CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy In re , Debtor Case No.Antonio Martinez Flores 0 xxxxxxxxxx7228 2004 Second Mortgage Rental Single Family Property Located at: 24328 Kurt Court Moreno Valley, CA Hsbc/rs Attn: Bankruptcy Department Po Box 5263 Carol Stream, IL 60197 - 69,528.00 0.0090,626.00 xxxxxxxxxx7230 2004 Second Mortgage Rental Single Family Property Located at: 24331 Electra Ct. Moreno Valley, CA 92551 Hsbc/rs Attn: Bankruptcy Department Po Box 5263 Carol Stream, IL 60197 - 33,632.00 0.0085,000.00 xx0885 2004 First Mortgage Rental Single Family Property Located at: 24328 Kurt Court Moreno Valley, CA James B Nutter & Co Attn: BKO Po Box 419404 Kansas City, MO 64141 - 19,903.00 0.0090,626.00 xx0886 Opened 5/01/04 Last Active 1/31/13 First Mortgage Rental Single Family Property Located at: 24331 Electra Ct. Moreno Valley, CA 92551 James B Nutter & Co Attn: BKO Po Box 419404 Kansas City, MO 64141 - 17,057.00 0.0085,000.00 140,120.00 0.00 140,120.00 0.00Total (Report on Summary of Schedules) Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 16 of 57 Exhibit B Pag 22 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 25 of 73 Page ID #:223 }bk1{Schedul E-CritosHngUPyam B6E (Official Form 6E) (4/13) A complete list of claims entitled to priority, listed separately by type of priority, is to be set forth on the sheets provided. Only holders of unsecured claims entitled to priority should be listed in this schedule. In the boxes provided on the attached sheets, state the name, mailing address, including zip code, and last four digits of the account number, if any, of all entities holding priority claims against the debtor or the property of the debtor, as of the date of the filing of the petition. Use a separate continuation sheet for each type of priority and label each with the type of priority. The complete account number of any account the debtor has with the creditor is useful to the trustee and the creditor and may be provided if the debtor chooses to do so. If a minor child is a creditor, state the child's initials and the name and address of the child's parent or guardian, such as "A.B., a minor child, by John Doe, guardian." Do not disclose the child's name. See, 11 U.S.C. §112 and Fed. R. Bankr. P. 1007(m). If any entity other than a spouse in a joint case may be jointly liable on a claim, place an "X" in the column labeled "Codebtor," include the entity on the appropriate schedule of creditors, and complete Schedule H-Codebtors. If a joint petition is filed, state whether the husband, wife, both of them, or the marital community may be liable on each claim by placing an "H," "W," "J," or "C" in the column labeled "Husband, Wife, Joint, or Community." If the claim is contingent, place an "X" in the column labeled "Contingent." If the claim is unliquidated, place an "X" in the column labeled "Unliquidated." If the claim is disputed, place an "X" in the column labeled "Disputed." (You may need to place an "X" in more than one of these three columns.) Report the total of claims listed on each sheet in the box labeled "Subtotals" on each sheet. Report the total of all claims listed on this Schedule E in the box labeled "Total" on the last sheet of the completed schedule. Report this total also on the Summary of Schedules. Report the total of amounts entitled to priority listed on each sheet in the box labeled "Subtotals" on each sheet. Report the total of all amounts entitled to priority listed on this Schedule E in the box labeled "Totals" on the last sheet of the completed schedule. Individual debtors with primarily consumer debts report this total also on the Statistical Summary of Certain Liabilities and Related Data. Report the total of amounts not entitled to priority listed on each sheet in the box labeled "Subtotals" on each sheet. Report the total of all amounts not entitled to priority listed on this Schedule E in the box labeled "Totals" on the last sheet of the completed schedule. Individual debtors with primarily consumer debts report this total also on the Statistical Summary of Certain Liabilities and Related Data. Check this box if debtor has no creditors holding unsecured priority claims to report on this Schedule E. TYPES OF PRIORITY CLAIMS (Check the appropriate box(es) below if claims in that category are listed on the attached sheets) Domestic support obligations Claims for domestic support that are owed to or recoverable by a spouse, former spouse, or child of the debtor, or the parent, legal guardian, or responsible relative of such a child, or a governmental unit to whom such a domestic support claim has been assigned to the extent provided in 11 U.S.C. § 507(a)(1). Extensions of credit in an involuntary case Claims arising in the ordinary course of the debtor's business or financial affairs after the commencement of the case but before the earlier of the appointment of a trustee or the order for relief. 11 U.S.C. § 507(a)(3). Wages, salaries, and commissions Wages, salaries, and commissions, including vacation, severance, and sick leave pay owing to employees and commissions owing to qualifying independent sales representatives up to $12,475* per person earned within 180 days immediately preceding the filing of the original petition, or the cessation of business, whichever occurred first, to the extent provided in 11 U.S.C. § 507(a)(4). Contributions to employee benefit plans Money owed to employee benefit plans for services rendered within 180 days immediately preceding the filing of the original petition, or the cessation of business, whichever occurred first, to the extent provided in 11 U.S.C. § 507(a)(5). Certain farmers and fishermen Claims of certain farmers and fishermen, up to $6,150* per farmer or fisherman, against the debtor, as provided in 11 U.S.C. § 507(a)(6). Deposits by individuals Claims of individuals up to $2,775* for deposits for the purchase, lease, or rental of property or services for personal, family, or household use, that were not delivered or provided. 11 U.S.C. § 507(a)(7). Taxes and certain other debts owed to governmental units Taxes, customs duties, and penalties owing to federal, state, and local governmental units as set forth in 11 U.S.C. § 507(a)(8). Commitments to maintain the capital of an insured depository institution Claims based on commitments to the FDIC, RTC, Director of the Office of Thrift Supervision, Comptroller of the Currency, or Board of Governors of the Federal Reserve System, or their predecessors or successors, to maintain the capital of an insured depository institution. 11 U.S.C. § 507 (a)(9). Claims for death or personal injury while debtor was intoxicated Claims for death or personal injury resulting from the operation of a motor vehicle or vessel while the debtor was intoxicated from using alcohol, a drug, or another substance. 11 U.S.C. § 507(a)(10). * Amount subject to adjustment on 4/01/16, and every three years thereafter with respect to cases commenced on or after the date of adjustment. continuation sheets attached SCHEDULE E - CREDITORS HOLDING UNSECURED PRIORITY CLAIMS Software Copyright (c) 1996-2013 - CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy In re , Debtor Case No.Antonio Martinez Flores 1 Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 17 of 57 Exhibit B Pag 23 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 26 of 73 Page ID #:224 B6E (Official Form 6E) (4/13) - Cont. C O D E B T O R C O N T I N G E N T U N L I Q U I D A T E D D I S P U T E D Husband, Wife, Joint, or Community H W J C CREDITOR'S NAME, AND MAILING ADDRESS INCLUDING ZIP CODE, AND ACCOUNT NUMBER (See instructions.) DATE CLAIM WAS INCURRED AMOUNT AND CONSIDERATION FOR CLAIM OF CLAIM Account No. Account No. Account No. Account No. Account No. SubtotalSheet _____ of _____ continuation sheets attached to (Total of this page)Schedule of Creditors Holding Unsecured Priority Claims TYPE OF PRIORITY AMOUNT NOT ENTITLED TO PRIORITY, IF ANY AMOUNT ENTITLED TO PRIORITY SCHEDULE E - CREDITORS HOLDING UNSECURED PRIORITY CLAIMS (Continuation Sheet) Software Copyright (c) 1996-2013 - CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy In re , Debtor Case No.Antonio Martinez Flores Taxes and Certain Other Debts Owed to Governmental Units 2208 2012 Personal TaxCalifornia Franchise Tax Board BANKRUPTCY SECTION MS A340 PO BOX 2952 Sacramento, CA 95812 - 859.00 859.00 0.00 2208 2012 Personal TaxInternal Revenue Service Fresno, CA 93888 - 9,082.78 9,082.78 0.00 9,941.78 9,941.78 0.001 1 9,941.78 9,941.78 0.00Total (Report on Summary of Schedules) Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 18 of 57 Exhibit B Pag 24 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 27 of 73 Page ID #:225 }bk1{Schedul F-CritosHngUNpyam C O D E B T O R C O N T I N G E N T U N L I Q U I D A T E D D I S P U T E D Husband, Wife, Joint, or Community H W J C CREDITOR'S NAME, MAILING ADDRESS INCLUDING ZIP CODE, AND ACCOUNT NUMBER (See instructions above.) Account No. Account No. Account No. Account No. Subtotal _____ continuation sheets attached (Total of this page) DATE CLAIM WAS INCURRED AND CONSIDERATION FOR CLAIM. IF CLAIM IS SUBJECT TO SETOFF, SO STATE. AMOUNT OF CLAIM B6F (Official Form 6F) (12/07) State the name, mailing address, including zip code, and last four digits of any account number, of all entities holding unsecured claims without priority against the debtor or the property of the debtor, as of the date of filing of the petition. The complete account number of any account the debtor has with the creditor is useful to the trustee and the creditor and may be provided if the debtor chooses to do so. If a minor child is a creditor, state the child's initials and the name and address of the child's parent or guardian, such as "A.B., a minor child, by John Doe, guardian." Do not disclose the child's name. See, 11 U.S.C. §112 and Fed. R. Bankr. P. 1007(m). Do not include claims listed in Schedules D and E. If all creditors will not fit on this page, use the continuation sheet provided. If any entity other than a spouse in a joint case may be jointly liable on a claim, place an "X" in the column labeled "Codebtor," include the entity on the appropriate schedule of creditors, and complete Schedule H - Codebtors. If a joint petition is filed, state whether the husband, wife, both of them, or the marital community may be liable on each claim by placing an "H," "W," "J," or "C" in the column labeled "Husband, Wife, Joint, or Community." If the claim is contingent, place an "X" in the column labeled "Contingent." If the claim is unliquidated, place an "X" in the column labeled "Unliquidated." If the claim is disputed, place an "X" in the column labeled "Disputed." (You may need to place an "X" in more than one of these three columns.) Report the total of all claims listed on this schedule in the box labeled "Total" on the last sheet of the completed schedule. Report this total also on the Summary of Schedules and, if the debtor is an individual with primarily consumer debts, report this total also on the Statistical Summary of Certain Liabilities and Related Data. Check this box if debtor has no creditors holding unsecured claims to report on this Schedule F. S/N:42372-130502 SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS Software Copyright (c) 1996-2013 - CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy In re , Debtor Case No.Antonio Martinez Flores 3 xxxxxxxx8813 2011 Collection Attorney (Citibank) Cach Llc/Square Two Financial Attention: Bankruptcy 4340 South Monaco St. 2nd Floor Denver, CO 80237 - 10,369.00 xxxxxxxx7419 2011 Collection Attorney (Bank Of America) Cach Llc/Square Two Financial Attention: Bankruptcy 4340 South Monaco St. 2nd Floor Denver, CO 80237 - 2,502.00 xxxxxxxx1537 2011 Collection Attorney (Bank Of America) Cach Llc/Square Two Financial Attention: Bankruptcy 4340 South Monaco St. 2nd Floor Denver, CO 80237 - 1,967.00 xx4542 2011 Collection Attorney (US Bank) Cfs Ii Inc 2488 E 81st St Ste 500 Tulsa, OK 74137 - 4,612.00 19,450.00 Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 19 of 57 Exhibit B Pag 25 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 28 of 73 Page ID #:226 B6F (Official Form 6F) (12/07) - Cont. C O D E B T O R C O N T I N G E N T U N L I Q U I D A T E D D I S P U T E D Husband, Wife, Joint, or Community H W J C CREDITOR'S NAME, MAILING ADDRESS INCLUDING ZIP CODE, AND ACCOUNT NUMBER (See instructions above.) Account No. Account No. Account No. Account No. Account No. Sheet no. _____ of _____ sheets attached to Schedule of Subtotal Creditors Holding Unsecured Nonpriority Claims (Total of this page) DATE CLAIM WAS INCURRED AND CONSIDERATION FOR CLAIM. IF CLAIM IS SUBJECT TO SETOFF, SO STATE. AMOUNT OF CLAIM SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS (Continuation Sheet) Software Copyright (c) 1996-2013 - CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy In re , Debtor Case No.Antonio Martinez Flores xxxxxxxxxxxx5292 2010 Credit Card Chase Po Box 15298 Wilmington, DE 19850 - 9,411.00 xxxxxxxxxxxx6140 2010 Credit Card Chase Mht Bk Attention: Bankruptcy Po Box 15298 Wilmington, DE 19850 - 8,407.00 xxxxxxxxxxxx6836 2010 Credit Card Discover Fin Svcs Llc Po Box 15316 Wilmington, DE 19850 - 10,436.00 xxxxxx9057 2012 Pending Lawsuit Heather Brancato Martin c/o Law Offices of Kottle & Kottler 6420 Wilshire Blvd. - Penthouse Los Angeles, CA 90048 - 15,000,000.00 xxx3257 2012 Charge Account Lhr Inc 56 Main St Hamburg, NY 14075 - 20,035.00 15,048,289.00 1 3 Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 20 of 57 Exhibit B Pag 26 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 29 of 73 Page ID #:227 B6F (Official Form 6F) (12/07) - Cont. C O D E B T O R C O N T I N G E N T U N L I Q U I D A T E D D I S P U T E D Husband, Wife, Joint, or Community H W J C CREDITOR'S NAME, MAILING ADDRESS INCLUDING ZIP CODE, AND ACCOUNT NUMBER (See instructions above.) Account No. Account No. Account No. Account No. Account No. Sheet no. _____ of _____ sheets attached to Schedule of Subtotal Creditors Holding Unsecured Nonpriority Claims (Total of this page) DATE CLAIM WAS INCURRED AND CONSIDERATION FOR CLAIM. IF CLAIM IS SUBJECT TO SETOFF, SO STATE. AMOUNT OF CLAIM SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS (Continuation Sheet) Software Copyright (c) 1996-2013 - CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy In re , Debtor Case No.Antonio Martinez Flores xxxxxxxxxxxx2462 2010 Credit Card Peoples Bk Credit Card Services Attn: Bankruptcy Po Box 7092 Bridgeport, CT 06601 - 5,549.00 xxxxxxxxxxxx5429 2011 Charge Account (Ge Money Bank) Portfolio Recovery Attn: Bankruptcy Po Box 41067 Norfolk, VA 23541 - 7,200.00 xxxxxxxxxxxx4044 2010 Credit Card Sears/cbna Po Box 6282 Sioux Falls, SD 57117 - 10,369.00 xxxxxxxxxxx8777 2012 Collection Attorney (Citation Processing Center)Union Adjustment Co 3214 W Burbank Blvd Burbank, CA 91505 - 800.00 xxxxxxxxxxx4913 2012 Collection Attorney (Citation Processing Center)Union Adjustment Co 3214 W Burbank Blvd Burbank, CA 91505 - 432.00 24,350.00 2 3 Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 21 of 57 Exhibit B Pag 27 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 30 of 73 Page ID #:228 B6F (Official Form 6F) (12/07) - Cont. C O D E B T O R C O N T I N G E N T U N L I Q U I D A T E D D I S P U T E D Husband, Wife, Joint, or Community H W J C CREDITOR'S NAME, MAILING ADDRESS INCLUDING ZIP CODE, AND ACCOUNT NUMBER (See instructions above.) Account No. Account No. Account No. Account No. Account No. Sheet no. _____ of _____ sheets attached to Schedule of Subtotal Creditors Holding Unsecured Nonpriority Claims (Total of this page) DATE CLAIM WAS INCURRED AND CONSIDERATION FOR CLAIM. IF CLAIM IS SUBJECT TO SETOFF, SO STATE. AMOUNT OF CLAIM SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS (Continuation Sheet) Software Copyright (c) 1996-2013 - CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy In re , Debtor Case No.Antonio Martinez Flores xxxxxxxxxxxx2460 2010 Credit Card Unvl/citi Attn.: Centralized Bankruptcy Po Box 20507 Kansas City, MO 64195 - 7,851.00 7,851.00 3 3 15,099,940.00 Total (Report on Summary of Schedules) Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 22 of 57 Exhibit B Pag 28 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 31 of 73 Page ID #:229 }bk1{Schedul G-ExtoryCnasUpiL In re , Debtor Case No.Antonio Martinez Flores B6G (Official Form 6G) (12/07) Describe all executory contracts of any nature and all unexpired leases of real or personal property. Include any timeshare interests. State nature of debtor's interest in contract, i.e., "Purchaser", "Agent", etc. State whether debtor is the lessor or lessee of a lease. Provide the names and complete mailing addresses of all other parties to each lease or contract described. If a minor child is a party to one of the leases or contracts, state the child's initials and the name and address of the child's parent or guardian, such as "A.B., a minor child, by John Doe, guardian." Do not disclose the child's name. See, 11 U.S.C. §112 and Fed. R. Bankr. P. 1007(m). Check this box if debtor has no executory contracts or unexpired leases. Name and Mailing Address, Including Zip Code, of Other Parties to Lease or Contract Description of Contract or Lease and Nature of Debtor's Interest. State whether lease is for nonresidential real property. State contract number of any government contract. continuation sheets attached to Schedule of Executory Contracts and Unexpired Leases SCHEDULE G - EXECUTORY CONTRACTS AND UNEXPIRED LEASES Software Copyright (c) 1996-2013 - CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy 0 Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 23 of 57 Exhibit B Pag 29 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 32 of 73 Page ID #:230 }bk1{Schedul H-Cotrs In re , Debtor Case No.Antonio Martinez Flores B6H (Official Form 6H) (12/07) Provide the information requested concerning any person or entity, other than a spouse in a joint case, that is also liable on any debts listed by debtor in the schedules of creditors. Include all guarantors and co-signers. If the debtor resides or resided in a community property state, commonwealth, or territory (including Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Puerto Rico, Texas, Washington, or Wisconsin) within the eight year period immediately preceding the commencement of the case, identify the name of the debtor's spouse and of any former spouse who resides or resided with the debtor in the community property state, commonwealth, or territory. Include all names used by the nondebtor spouse during the eight years immediately preceding the commencement of this case. If a minor child is a codebtor or a creditor, state the child's initials and the name and address of the child's parent or guardian, such as "A.B., a minor child, by John Doe, guardian." Do not disclose the child's name. See, 11 U.S.C. §112 and Fed. R. Bankr. P. 1007(m). Check this box if debtor has no codebtors. NAME AND ADDRESS OF CODEBTOR NAME AND ADDRESS OF CREDITOR continuation sheets attached to Schedule of Codebtors SCHEDULE H - CODEBTORS Software Copyright (c) 1996-2013 - CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy 0 Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 24 of 57 Exhibit B Pag 30 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 33 of 73 Page ID #:231 B6I (Official Form 6I) (12/07) In re Antonio Martinez Flores Case No. Debtor(s) SCHEDULE I - CURRENT INCOME OF INDIVIDUAL DEBTOR(S) The column labeled "Spouse" must be completed in all cases filed by joint debtors and by every married debtor, whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed. Do not state the name of any minor child. The average monthly income calculated on this form may differ from the current monthly income calculated on Form 22A, 22B, or 22C. Debtor's Marital Status: DEPENDENTS OF DEBTOR AND SPOUSE Married RELATIONSHIP(S): None. AGE(S): Employment: DEBTOR SPOUSE Occupation Manager Manager Name of Employer Rite Aid Rite Aid How long employed 32 years 20 years Address of Employer 3550 S. La Brea Avenue Los Angeles, CA 90016 11325 Long Beach Blvd Lynwood, CA 90262 INCOME: (Estimate of average or projected monthly income at time case filed) DEBTOR SPOUSE 1. Monthly gross wages, salary, and commissions (Prorate if not paid monthly) $ 5,275.29 $ 5,469.27 2. Estimate monthly overtime $ 0.00 $ 0.00 3. SUBTOTAL $ 5,275.29 $ 5,469.27 4. LESS PAYROLL DEDUCTIONS a. Payroll taxes and social security $ 1,061.62 $ 1,459.34 b. Insurance $ 247.87 $ 198.16 c. Union dues $ 0.00 $ 0.00 d. Other (Specify): 401k $ 105.45 $ 109.40 401k Loan $ 481.37 $ 592.45 5. SUBTOTAL OF PAYROLL DEDUCTIONS $ 1,896.31 $ 2,359.35 6. TOTAL NET MONTHLY TAKE HOME PAY $ 3,378.98 $ 3,109.92 7. Regular income from operation of business or profession or farm (Attach detailed statement) $ 0.00 $ 0.00 8. Income from real property $ 850.00 $ 0.00 9. Interest and dividends $ 0.00 $ 0.00 10. Alimony, maintenance or support payments payable to the debtor for the debtor's use or that of dependents listed above $ 0.00 $ 0.00 11. Social security or government assistance (Specify): $ 0.00 $ 0.00 $ 0.00 $ 0.00 12. Pension or retirement income $ 0.00 $ 0.00 13. Other monthly income (Specify): $ 0.00 $ 0.00 $ 0.00 $ 0.00 14. SUBTOTAL OF LINES 7 THROUGH 13 $ 850.00 $ 0.00 15. AVERAGE MONTHLY INCOME (Add amounts shown on lines 6 and 14) $ 4,228.98 $ 3,109.92 16. COMBINED AVERAGE MONTHLY INCOME: (Combine column totals from line 15) $ 7,338.90 (Report also on Summary of Schedules and, if applicable, on Statistical Summary of Certain Liabilities and Related Data) 17. Describe any increase or decrease in income reasonably anticipated to occur within the year following the filing of this document: Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 25 of 57 Exhibit B Page 31 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 34 of 73 Page ID #:232 B6J (Official Form 6J) (12/07) In re Antonio Martinez Flores Case No. Debtor(s) SCHEDULE J - CURRENT EXPENDITURES OF INDIVIDUAL DEBTOR(S) Complete this schedule by estimating the average or projected monthly expenses of the debtor and the debtor's family at time case filed. Prorate any payments made bi-weekly, quarterly, semi-annually, or annually to show monthly rate. The average monthly expenses calculated on this form may differ from the deductions from income allowed on Form 22A or 22C.  Check this box if a joint petition is filed and debtor's spouse maintains a separate household. Complete a separate schedule of expenditures labeled "Spouse." 1. Rent or home mortgage payment (include lot rented for mobile home) $ 944.81 a. Are real estate taxes included? Yes No X b. Is property insurance included? Yes No X 2. Utilities: a. Electricity and heating fuel $ 95.00 b. Water and sewer $ 0.00 c. Telephone $ 40.00 d. Other See Detailed Expense Attachment $ 391.00 3. Home maintenance (repairs and upkeep) $ 75.00 4. Food $ 550.00 5. Clothing $ 130.00 6. Laundry and dry cleaning $ 100.00 7. Medical and dental expenses $ 100.00 8. Transportation (not including car payments) $ 500.00 9. Recreation, clubs and entertainment, newspapers, magazines, etc. $ 75.00 10. Charitable contributions $ 100.00 11. Insurance (not deducted from wages or included in home mortgage payments) a. Homeowner's or renter's $ 45.83 b. Life $ 372.80 c. Health $ 0.00 d. Auto $ 121.00 e. Other $ 0.00 12. Taxes (not deducted from wages or included in home mortgage payments) (Specify) See Detailed Expense Attachment $ 695.83 13. Installment payments: (In chapter 11, 12, and 13 cases, do not list payments to be included in the plan) a. Auto $ 0.00 b. Other See Detailed Expense Attachment $ 3,269.94 14. Alimony, maintenance, and support paid to others $ 0.00 15. Payments for support of additional dependents not living at your home $ 0.00 16. Regular expenses from operation of business, profession, or farm (attach detailed statement) $ 0.00 17. Other Personal Expenses and Contingencies $ 50.00 Other Personal Grooming and Toiletries $ 50.00 18. AVERAGE MONTHLY EXPENSES (Total lines 1-17. Report also on Summary of Schedules and, if applicable, on the Statistical Summary of Certain Liabilities and Related Data.) $ 7,706.21 19. Describe any increase or decrease in expenditures reasonably anticipated to occur within the year following the filing of this document: 20. STATEMENT OF MONTHLY NET INCOME a. Average monthly income from Line 15 of Schedule I $ 7,338.90 b. Average monthly expenses from Line 18 above $ 7,706.21 c. Monthly net income (a. minus b.) $ -367.31 Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 26 of 57 Exhibit B Page 32 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 35 of 73 Page ID #:233 B6J (Official Form 6J) (12/07) In re Antonio Martinez Flores Case No. Debtor(s) SCHEDULE J - CURRENT EXPENDITURES OF INDIVIDUAL DEBTOR(S) Detailed Expense Attachment Other Utility Expenditures: Cell Phone $ 260.00 Cable & Internet $ 131.00 Total Other Utility Expenditures $ 391.00 Specific Tax Expenditures: Residence Property Taxes $ 195.83 2012 Installment Payment (IRS Personal Taxes) $ 500.00 Total Tax Expenditures $ 695.83 Other Installment Payments: Residence HOA Monthly Dues $ 679.94 Rental Property Total Mortgages Payment (Electra) $ 740.00 Credit Card Bills (Wife's payments) $ 1,850.00 Total Other Installment Payments $ 3,269.94 Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 27 of 57 Exhibit B Page 33 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 36 of 73 Page ID #:234 B6 Declaration (Official Form 6 - Declaration). (12/07) United States Bankruptcy Court Central District of California In re Antonio Martinez Flores Case No. Debtor(s) Chapter 7 DECLARATION CONCERNING DEBTOR'S SCHEDULES DECLARATION UNDER PENALTY OF PERJURY BY INDIVIDUAL DEBTOR I declare under penalty of perjury that I have read the foregoing summary and schedules, consisting of 19 sheets, and that they are true and correct to the best of my knowledge, information, and belief. Date June 5, 2013 Signature /s/ Antonio Martinez Flores Antonio Martinez Flores Debtor Penalty for making a false statement or concealing property: Fine of up to $500,000 or imprisonment for up to 5 years or both. 18 U.S.C. §§ 152 and 3571. Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 28 of 57 Exhibit B Page 34 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 37 of 73 Page ID #:235 B7 (Official Form 7) (04/13) United States Bankruptcy Court Central District of California In re Antonio Martinez Flores Case No. Debtor(s) Chapter 7 STATEMENT OF FINANCIAL AFFAIRS This statement is to be completed by every debtor. Spouses filing a joint petition may file a single statement on which the information for both spouses is combined. If the case is filed under chapter 12 or chapter 13, a married debtor must furnish information for both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed. An individual debtor engaged in business as a sole proprietor, partner, family farmer, or self-employed professional, should provide the information requested on this statement concerning all such activities as well as the individual's personal affairs. To indicate payments, transfers and the like to minor children, state the child's initials and the name and address of the child's parent or guardian, such as "A.B., a minor child, by John Doe, guardian." Do not disclose the child's name. See, 11 U.S.C. § 112; Fed. R. Bankr. P. 1007(m). Questions 1 - 18 are to be completed by all debtors. Debtors that are or have been in business, as defined below, also must complete Questions 19 - 25. If the answer to an applicable question is "None," mark the box labeled "None." If additional space is needed for the answer to any question, use and attach a separate sheet properly identified with the case name, case number (if known), and the number of the question. DEFINITIONS "In business." A debtor is "in business" for the purpose of this form if the debtor is a corporation or partnership. An individual debtor is "in business" for the purpose of this form if the debtor is or has been, within six years immediately preceding the filing of this bankruptcy case, any of the following: an officer, director, managing executive, or owner of 5 percent or more of the voting or equity securities of a corporation; a partner, other than a limited partner, of a partnership; a sole proprietor or self-employed full-time or part-time. An individual debtor also may be "in business" for the purpose of this form if the debtor engages in a trade, business, or other activity, other than as an employee, to supplement income from the debtor's primary employment. "Insider." The term "insider" includes but is not limited to: relatives of the debtor; general partners of the debtor and their relatives; corporations of which the debtor is an officer, director, or person in control; officers, directors, and any persons in control of a corporate debtor and their relatives; affiliates of the debtor and insiders of such affiliates; and any managing agent of the debtor. 11 U.S.C. § 101(2), (31). None  1. Income from employment or operation of business State the gross amount of income the debtor has received from employment, trade, or profession, or from operation of the debtor's business, including part-time activities either as an employee or in independent trade or business, from the beginning of this calendar year to the date this case was commenced. State also the gross amounts received during the two years immediately preceding this calendar year. (A debtor that maintains, or has maintained, financial records on the basis of a fiscal rather than a calendar year may report fiscal year income. Identify the beginning and ending dates of the debtor's fiscal year.) If a joint petition is filed, state income for each spouse separately. (Married debtors filing under chapter 12 or chapter 13 must state income of both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) AMOUNT SOURCE $20,196.07 2013 YTD Gross Earnings (Debtor) $163,325.19 2012 Gross Earnings (Debtor & Spouse) $163,325.00 2011 Gross Earnings (Debtor & Spouse) None  2. Income other than from employment or operation of business State the amount of income received by the debtor other than from employment, trade, profession, or operation of the debtor's business during the two years immediately preceding the commencement of this case. Give particulars. If a joint petition is filed, state income for each spouse separately. (Married debtors filing under chapter 12 or chapter 13 must state income for each spouse whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) AMOUNT SOURCE Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 29 of 57 Exhibit B Page 35 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 38 of 73 Page ID #:236 B7 (Official Form 7) (04/13) 2 None  3. Payments to creditors Complete a. or b., as appropriate, and c. a. Individual or joint debtor(s) with primarily consumer debts: List all payments on loans, installment purchases of goods or services, and other debts to any creditor made within 90 days immediately preceding the commencement of this case unless the aggregate value of all property that constitutes or is affected by such transfer is less than $600. Indicate with an asterisk (*) any payments that were made to a creditor on account of a domestic support obligation or as part of an alternative repayment schedule under a plan by an approved nonprofit budgeting and credit counseling agency. (Married debtors filing under chapter 12 or chapter 13 must include payments by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF CREDITOR DATES OF PAYMENTS AMOUNT PAID AMOUNT STILL OWING James B Nutter & Co Attn: BKO Po Box 419404 Kansas City, MO 64141 12/2012 1/2013 2/2013 $1,473.00 $19,903.00 James B Nutter & Co Attn: BKO Po Box 419404 Kansas City, MO 64141 12/2012 1/2013 2/2103 $1,389.00 $17,057.00 None  b. Debtor whose debts are not primarily consumer debts: List each payment or other transfer to any creditor made within 90 days immediately preceding the commencement of the case unless the aggregate value of all property that constitutes or is affected by such transfer is less than $6,225*. If the debtor is an individual, indicate with an asterisk (*) any payments that were made to a creditor on account of a domestic support obligation or as part of an alternative repayment schedule under a plan by an approved nonprofit budgeting and credit counseling agency. (Married debtors filing under chapter 12 or chapter 13 must include payments and other transfers by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF CREDITOR DATES OF PAYMENTS/ TRANSFERS AMOUNT PAID OR VALUE OF TRANSFERS AMOUNT STILL OWING None  c. All debtors: List all payments made within one year immediately preceding the commencement of this case to or for the benefit of creditors who are or were insiders. (Married debtors filing under chapter 12 or chapter 13 must include payments by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF CREDITOR AND RELATIONSHIP TO DEBTOR DATE OF PAYMENT AMOUNT PAID AMOUNT STILL OWING None  4. Suits and administrative proceedings, executions, garnishments and attachments a. List all suits and administrative proceedings to which the debtor is or was a party within one year immediately preceding the filing of this bankruptcy case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) CAPTION OF SUIT AND CASE NUMBER NATURE OF PROCEEDING COURT OR AGENCY AND LOCATION STATUS OR DISPOSITION CACH, LLC v. Antonio M. Flores Case No. 12C01677 Civil - Breach of Contract Superior Court of California, County of Los Angeles Northeast District, Pasadena Courthouse 300 East Walnut Street, Pasadena, CA 91101 Pending * Amount subject to adjustment on 4/01/16, and every three years thereafter with respect to cases commenced on or after the date of adjustment. Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 30 of 57 Exhibit B Page 36 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 39 of 73 Page ID #:237 B7 (Official Form 7) (04/13) 3 CAPTION OF SUIT AND CASE NUMBER NATURE OF PROCEEDING COURT OR AGENCY AND LOCATION STATUS OR DISPOSITION CACH, LLC v. Antonio M. Flores Case No. 12C01822 Civil - Breach of Contract Superior Court of California, County of Los Angeles Northeast District, Pasadena Courthouse 330 East Walnut Street, Pasadena, CA 91101 Pending Heather Brancato Martin v. Antonio M. Flores Case No. RIC1209057 Civil - Personal Injury Accident Superior Court of California, County of Riverside Pending None  b. Describe all property that has been attached, garnished or seized under any legal or equitable process within one year immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning property of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF PERSON FOR WHOSE BENEFIT PROPERTY WAS SEIZED DATE OF SEIZURE DESCRIPTION AND VALUE OF PROPERTY None  5. Repossessions, foreclosures and returns List all property that has been repossessed by a creditor, sold at a foreclosure sale, transferred through a deed in lieu of foreclosure or returned to the seller, within one year immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning property of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF CREDITOR OR SELLER DATE OF REPOSSESSION, FORECLOSURE SALE, TRANSFER OR RETURN DESCRIPTION AND VALUE OF PROPERTY None  6. Assignments and receiverships a. Describe any assignment of property for the benefit of creditors made within 120 days immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include any assignment by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF ASSIGNEE DATE OF ASSIGNMENT TERMS OF ASSIGNMENT OR SETTLEMENT None  b. List all property which has been in the hands of a custodian, receiver, or court-appointed official within one year immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning property of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF CUSTODIAN NAME AND LOCATION OF COURT CASE TITLE & NUMBER DATE OF ORDER DESCRIPTION AND VALUE OF PROPERTY None  7. Gifts List all gifts or charitable contributions made within one year immediately preceding the commencement of this case except ordinary and usual gifts to family members aggregating less than $200 in value per individual family member and charitable contributions aggregating less than $100 per recipient. (Married debtors filing under chapter 12 or chapter 13 must include gifts or contributions by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF PERSON OR ORGANIZATION RELATIONSHIP TO DEBTOR, IF ANY DATE OF GIFT DESCRIPTION AND VALUE OF GIFT Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 31 of 57 Exhibit B Page 37 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 40 of 73 Page ID #:238 B7 (Official Form 7) (04/13) 4 None  8. Losses List all losses from fire, theft, other casualty or gambling within one year immediately preceding the commencement of this case or since the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include losses by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) DESCRIPTION AND VALUE OF PROPERTY DESCRIPTION OF CIRCUMSTANCES AND, IF LOSS WAS COVERED IN WHOLE OR IN PART BY INSURANCE, GIVE PARTICULARS DATE OF LOSS None  9. Payments related to debt counseling or bankruptcy List all payments made or property transferred by or on behalf of the debtor to any persons, including attorneys, for consultation concerning debt consolidation, relief under the bankruptcy law or preparation of the petition in bankruptcy within one year immediately preceding the commencement of this case. NAME AND ADDRESS OF PAYEE DATE OF PAYMENT, NAME OF PAYER IF OTHER THAN DEBTOR AMOUNT OF MONEY OR DESCRIPTION AND VALUE OF PROPERTY L.A. Bankruptcy Group 700 South Flower Street Ste 2710 Los Angeles, CA 90017 2/27/2013 $2,500.00 - Attorney Fees $306.00 - Court Filing Fee None  10. Other transfers a. List all other property, other than property transferred in the ordinary course of the business or financial affairs of the debtor, transferred either absolutely or as security within two years immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include transfers by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF TRANSFEREE, RELATIONSHIP TO DEBTOR DATE DESCRIBE PROPERTY TRANSFERRED AND VALUE RECEIVED None  b. List all property transferred by the debtor within ten years immediately preceding the commencement of this case to a self-settled trust or similar device of which the debtor is a beneficiary. NAME OF TRUST OR OTHER DEVICE DATE(S) OF TRANSFER(S) AMOUNT OF MONEY OR DESCRIPTION AND VALUE OF PROPERTY OR DEBTOR'S INTEREST IN PROPERTY None  11. Closed financial accounts List all financial accounts and instruments held in the name of the debtor or for the benefit of the debtor which were closed, sold, or otherwise transferred within one year immediately preceding the commencement of this case. Include checking, savings, or other financial accounts, certificates of deposit, or other instruments; shares and share accounts held in banks, credit unions, pension funds, cooperatives, associations, brokerage houses and other financial institutions. (Married debtors filing under chapter 12 or chapter 13 must include information concerning accounts or instruments held by or for either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF INSTITUTION TYPE OF ACCOUNT, LAST FOUR DIGITS OF ACCOUNT NUMBER, AND AMOUNT OF FINAL BALANCE AMOUNT AND DATE OF SALE OR CLOSING Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 32 of 57 Exhibit B Page 38 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 41 of 73 Page ID #:239 B7 (Official Form 7) (04/13) 5 None  12. Safe deposit boxes List each safe deposit or other box or depository in which the debtor has or had securities, cash, or other valuables within one year immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include boxes or depositories of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF BANK OR OTHER DEPOSITORY NAMES AND ADDRESSES OF THOSE WITH ACCESS TO BOX OR DEPOSITORY DESCRIPTION OF CONTENTS DATE OF TRANSFER OR SURRENDER, IF ANY None  13. Setoffs List all setoffs made by any creditor, including a bank, against a debt or deposit of the debtor within 90 days preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF CREDITOR DATE OF SETOFF AMOUNT OF SETOFF None  14. Property held for another person List all property owned by another person that the debtor holds or controls. NAME AND ADDRESS OF OWNER DESCRIPTION AND VALUE OF PROPERTY LOCATION OF PROPERTY None  15. Prior address of debtor If the debtor has moved within three years immediately preceding the commencement of this case, list all premises which the debtor occupied during that period and vacated prior to the commencement of this case. If a joint petition is filed, report also any separate address of either spouse. ADDRESS NAME USED DATES OF OCCUPANCY None  16. Spouses and Former Spouses If the debtor resides or resided in a community property state, commonwealth, or territory (including Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Puerto Rico, Texas, Washington, or Wisconsin) within eight years immediately preceding the commencement of the case, identify the name of the debtor’s spouse and of any former spouse who resides or resided with the debtor in the community property state. NAME Rebecca Yam (Present Non-Filing Spouse) 17. Environmental Information. For the purpose of this question, the following definitions apply: "Environmental Law" means any federal, state, or local statute or regulation regulating pollution, contamination, releases of hazardous or toxic substances, wastes or material into the air, land, soil, surface water, groundwater, or other medium, including, but not limited to, statutes or regulations regulating the cleanup of these substances, wastes, or material. "Site" means any location, facility, or property as defined under any Environmental Law, whether or not presently or formerly owned or operated by the debtor, including, but not limited to, disposal sites. "Hazardous Material" means anything defined as a hazardous waste, hazardous substance, toxic substance, hazardous material, pollutant, or contaminant or similar term under an Environmental Law None  a. List the name and address of every site for which the debtor has received notice in writing by a governmental unit that it may be liable or potentially liable under or in violation of an Environmental Law. Indicate the governmental unit, the date of the notice, and, if known, the Environmental Law: Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 33 of 57 Exhibit B Page 39 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 42 of 73 Page ID #:240 B7 (Official Form 7) (04/13) 6 SITE NAME AND ADDRESS NAME AND ADDRESS OF GOVERNMENTAL UNIT DATE OF NOTICE ENVIRONMENTAL LAW None  b. List the name and address of every site for which the debtor provided notice to a governmental unit of a release of Hazardous Material. Indicate the governmental unit to which the notice was sent and the date of the notice. SITE NAME AND ADDRESS NAME AND ADDRESS OF GOVERNMENTAL UNIT DATE OF NOTICE ENVIRONMENTAL LAW None  c. List all judicial or administrative proceedings, including settlements or orders, under any Environmental Law with respect to which the debtor is or was a party. Indicate the name and address of the governmental unit that is or was a party to the proceeding, and the docket number. NAME AND ADDRESS OF GOVERNMENTAL UNIT DOCKET NUMBER STATUS OR DISPOSITION None  18 . Nature, location and name of business a. If the debtor is an individual, list the names, addresses, taxpayer identification numbers, nature of the businesses, and beginning and ending dates of all businesses in which the debtor was an officer, director, partner, or managing executive of a corporation, partner in a partnership, sole proprietor, or was self-employed in a trade, profession, or other activity either full- or part-time within six years immediately preceding the commencement of this case, or in which the debtor owned 5 percent or more of the voting or equity securities within six years immediately preceding the commencement of this case. If the debtor is a partnership, list the names, addresses, taxpayer identification numbers, nature of the businesses, and beginning and ending dates of all businesses in which the debtor was a partner or owned 5 percent or more of the voting or equity securities, within six years immediately preceding the commencement of this case. If the debtor is a corporation, list the names, addresses, taxpayer identification numbers, nature of the businesses, and beginning and ending dates of all businesses in which the debtor was a partner or owned 5 percent or more of the voting or equity securities within six years immediately preceding the commencement of this case. NAME LAST FOUR DIGITS OF SOCIAL-SECURITY OR OTHER INDIVIDUAL TAXPAYER-I.D. NO. (ITIN)/ COMPLETE EIN ADDRESS NATURE OF BUSINESS BEGINNING AND ENDING DATES None  b. Identify any business listed in response to subdivision a., above, that is "single asset real estate" as defined in 11 U.S.C. § 101. NAME ADDRESS The following questions are to be completed by every debtor that is a corporation or partnership and by any individual debtor who is or has been, within six years immediately preceding the commencement of this case, any of the following: an officer, director, managing executive, or owner of more than 5 percent of the voting or equity securities of a corporation; a partner, other than a limited partner, of a partnership, a sole proprietor, or self-employed in a trade, profession, or other activity, either full- or part-time. (An individual or joint debtor should complete this portion of the statement only if the debtor is or has been in business, as defined above, within six years immediately preceding the commencement of this case. A debtor who has not been in business within those six years should go directly to the signature page.) None  19. Books, records and financial statements a. List all bookkeepers and accountants who within two years immediately preceding the filing of this bankruptcy case kept or supervised the keeping of books of account and records of the debtor. NAME AND ADDRESS DATES SERVICES RENDERED None  b. List all firms or individuals who within the two years immediately preceding the filing of this bankruptcy case have audited the books of account and records, or prepared a financial statement of the debtor. Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 34 of 57 Exhibit B Page 40 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 43 of 73 Page ID #:241 B7 (Official Form 7) (04/13) 7 NAME ADDRESS DATES SERVICES RENDERED None  c. List all firms or individuals who at the time of the commencement of this case were in possession of the books of account and records of the debtor. If any of the books of account and records are not available, explain. NAME ADDRESS None  d. List all financial institutions, creditors and other parties, including mercantile and trade agencies, to whom a financial statement was issued by the debtor within two years immediately preceding the commencement of this case. NAME AND ADDRESS DATE ISSUED None  20. Inventories a. List the dates of the last two inventories taken of your property, the name of the person who supervised the taking of each inventory, and the dollar amount and basis of each inventory. DATE OF INVENTORY INVENTORY SUPERVISOR DOLLAR AMOUNT OF INVENTORY (Specify cost, market or other basis) None  b. List the name and address of the person having possession of the records of each of the inventories reported in a., above. DATE OF INVENTORY NAME AND ADDRESSES OF CUSTODIAN OF INVENTORY RECORDS None  21 . Current Partners, Officers, Directors and Shareholders a. If the debtor is a partnership, list the nature and percentage of partnership interest of each member of the partnership. NAME AND ADDRESS NATURE OF INTEREST PERCENTAGE OF INTEREST None  b. If the debtor is a corporation, list all officers and directors of the corporation, and each stockholder who directly or indirectly owns, controls, or holds 5 percent or more of the voting or equity securities of the corporation. NAME AND ADDRESS TITLE NATURE AND PERCENTAGE OF STOCK OWNERSHIP None  22 . Former partners, officers, directors and shareholders a. If the debtor is a partnership, list each member who withdrew from the partnership within one year immediately preceding the commencement of this case. NAME ADDRESS DATE OF WITHDRAWAL None  b. If the debtor is a corporation, list all officers, or directors whose relationship with the corporation terminated within one year immediately preceding the commencement of this case. NAME AND ADDRESS TITLE DATE OF TERMINATION None  23 . Withdrawals from a partnership or distributions by a corporation If the debtor is a partnership or corporation, list all withdrawals or distributions credited or given to an insider, including compensation in any form, bonuses, loans, stock redemptions, options exercised and any other perquisite during one year immediately preceding the commencement of this case. NAME & ADDRESS OF RECIPIENT, RELATIONSHIP TO DEBTOR DATE AND PURPOSE OF WITHDRAWAL AMOUNT OF MONEY OR DESCRIPTION AND VALUE OF PROPERTY Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 35 of 57 Exhibit B Page 41 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 44 of 73 Page ID #:242 B7 (Official Form 7) (04/13) 8 None  24. Tax Consolidation Group. If the debtor is a corporation, list the name and federal taxpayer identification number of the parent corporation of any consolidated group for tax purposes of which the debtor has been a member at any time within six years immediately preceding the commencement of the case. NAME OF PARENT CORPORATION TAXPAYER IDENTIFICATION NUMBER (EIN) None  25. Pension Funds. If the debtor is not an individual, list the name and federal taxpayer-identification number of any pension fund to which the debtor, as an employer, has been responsible for contributing at any time within six years immediately preceding the commencement of the case. NAME OF PENSION FUND TAXPAYER IDENTIFICATION NUMBER (EIN) * * * * * * DECLARATION UNDER PENALTY OF PERJURY BY INDIVIDUAL DEBTOR I declare under penalty of perjury that I have read the answers contained in the foregoing statement of financial affairs and any attachments thereto and that they are true and correct. Date June 5, 2013 Signature /s/ Antonio Martinez Flores Antonio Martinez Flores Debtor Penalty for making a false statement: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571 Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 36 of 57 Exhibit B Page 42 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 45 of 73 Page ID #:243 B8 (Form 8) (12/08) United States Bankruptcy Court Central District of California In re Antonio Martinez Flores Case No. Debtor(s) Chapter 7 CHAPTER 7 INDIVIDUAL DEBTOR'S STATEMENT OF INTENTION PART A - Debts secured by property of the estate. (Part A must be fully completed for EACH debt which is secured by property of the estate. Attach additional pages if necessary.) Property No. 1 Creditor's Name: Hsbc/rs Describe Property Securing Debt: Rental Single Family Property Located at: 24328 Kurt Court Moreno Valley, CA Property will be (check one):  Surrendered  Retained If retaining the property, I intend to (check at least one):  Redeem the property  Reaffirm the debt  Other. Explain (for example, avoid lien using 11 U.S.C. § 522(f)). Property is (check one):  Claimed as Exempt  Not claimed as exempt Property No. 2 Creditor's Name: Hsbc/rs Describe Property Securing Debt: Rental Single Family Property Located at: 24331 Electra Ct. Moreno Valley, CA 92551 Property will be (check one):  Surrendered  Retained If retaining the property, I intend to (check at least one):  Redeem the property  Reaffirm the debt  Other. Explain (for example, avoid lien using 11 U.S.C. § 522(f)). Property is (check one):  Claimed as Exempt  Not claimed as exempt Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 37 of 57 Exhibit B Page 43 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 46 of 73 Page ID #:244 B8 (Form 8) (12/08) Page 2 Property No. 3 Creditor's Name: James B Nutter & Co Describe Property Securing Debt: Rental Single Family Property Located at: 24328 Kurt Court Moreno Valley, CA Property will be (check one):  Surrendered  Retained If retaining the property, I intend to (check at least one):  Redeem the property  Reaffirm the debt  Other. Explain (for example, avoid lien using 11 U.S.C. § 522(f)). Property is (check one):  Claimed as Exempt  Not claimed as exempt Property No. 4 Creditor's Name: James B Nutter & Co Describe Property Securing Debt: Rental Single Family Property Located at: 24331 Electra Ct. Moreno Valley, CA 92551 Property will be (check one):  Surrendered  Retained If retaining the property, I intend to (check at least one):  Redeem the property  Reaffirm the debt  Other. Explain (for example, avoid lien using 11 U.S.C. § 522(f)). Property is (check one):  Claimed as Exempt  Not claimed as exempt PART B - Personal property subject to unexpired leases. (All three columns of Part B must be completed for each unexpired lease. Attach additional pages if necessary.) Property No. 1 Lessor's Name: -NONE- Describe Leased Property: Lease will be Assumed pursuant to 11 U.S.C. § 365(p)(2):  YES  NO I declare under penalty of perjury that the above indicates my intention as to any property of my estate securing a debt and/or personal property subject to an unexpired lease. Date June 5, 2013 Signature /s/ Antonio Martinez Flores Antonio Martinez Flores Debtor Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 38 of 57 Exhibit B Page 44 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 47 of 73 Page ID #:245 Form B203 - Disclosure of Compensation of Attorney for Debtor - (1/88) 1998 USBC, Central District of California UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA In re Antonio Martinez Flores Debtor. Case No.: DISCLOSURE OF COMPENSATION OF ATTORNEY FOR DEBTOR 1. Pursuant to 11 U.S.C. § 329(a) and Bankruptcy Rule 2016(b), I certify that I am the attorney for the above-named debtor(s) and that compensation paid to me within one year before the filing of the petition in bankruptcy, or agreed to be paid to me, for services rendered or to be rendered on behalf of the debtor(s) in contemplation of or in connection with the bankruptcy case is as follows: For legal services, I have agreed to accept $ 2,500.00 Prior to the filing of this statement I have received $ 2,500.00 Balance Due $ 0.00 2. The source of the compensation paid to me was:  Debtor  Other (specify): 3. The source of compensation to be paid to me is:  Debtor  Other (specify): 4.  I have not agreed to share the above-disclosed compensation with any other person unless they are members and associates of my law firm.  I have agreed to share the above-disclosed compensation with a person or persons who are not members or associates of my law firm. A copy of the agreement, together with a list of the names of the people sharing in the compensation is attached. 5. In return for the above-disclosed fee, I have agreed to render legal service for all aspects of the bankruptcy case, including: a. Analysis of the debtor's financial situation, and rendering advice to the debtor in determining whether to file a petition in bankruptcy; b. Preparation and filing of any petition, schedules, statement of affairs and plan which may be required; c. Representation of the debtor at the meeting of creditors and confirmation hearing, and any adjourned hearings thereof; d. [Other provisions as needed] Negotiations with secured creditors to reduce to market value; exemption planning; preparation and filing of reaffirmation agreements and applications as needed; preparation and filing of motions pursuant to 11 USC 522(f)(2)(A) for avoidance of liens on household goods. Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 39 of 57 Exhibit B Page 45 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 48 of 73 Page ID #:246 Form B203 Page Two - Disclosure of Compensation of Attorney for Debtor - (1/88) 1998 USBC, Central District of California 6. By agreement with the debtor(s), the above-disclosed fee does not include the following services Representation of the debtors in any dischargeability actions, judicial lien avoidances, relief from stay actions or any other adversary proceeding. CERTIFICATION I certify that the foregoing is a complete statement of any agreement or arrangement for payment to me for representation of the debtor(s) in this bankruptcy proceeding. June 5, 2013 /s/ Sergio J. Siderman Date Sergio J. Siderman Signature of Attorney L.A. Bankrupty Group Name of Law Firm 700 South Flower Street Suite 2710 Los Angeles, CA 90017 (213)622-8352 Fax: (213)927-3630 Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 40 of 57 Exhibit B Page 46 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 49 of 73 Page ID #:247 Attorney or Party Name, Address, Telephone & FAX Nos., State Bar No. & Email Address FOR COURT USE ONLY Sergio J. Siderman 700 South Flower Street Suite 2710 Los Angeles, CA 90017 (213)622-8352 Fax: (213)927-3630 190889 ssiderman@labklaw.net Attorney for: UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA In re: Antonio Martinez Flores Debtor(s). CASE NO: CHAPTER: 7 DECLARATION RE: LIMITED SCOPE OF APPEARANCE PURSUANT TO LBR 2090-1 [No Hearing Required] TO THE COURT, THE DEBTOR, THE TRUSTEE (if any), AND THE UNITED STATES TRUSTEE: 1. I am the attorney for the Debtor in the above-captioned bankruptcy case. 2. On (specify date) 5/01/2013 , I agreed with the Debtor that for a fee of $ 2,500.00 , I would provide the following services only: a.  Prepare and file the Petition and Schedules b.  Represent the Debtor at the 341(a) Meeting c.  Represent the Debtor in any relief from stay motions d.  Represent the Debtor in any proceeding involving an objection to Debtor’s discharge pursuant to 11 U.S.C. § 727 e.  Represent the Debtor in any proceeding to determine whether a specific debt is nondischargeable under 11 U.S.C. § 523 f.  Other (specify): None. This form is optional. It has been approved for use by the United States Bankruptcy Court for the Central District of California December 2012 Page 1 F 2090-1.1.DEC.LTD.SCOPE Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 41 of 57 Exhibit B Page 47 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 50 of 73 Page ID #:248 3. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct and that this declaration was executed on the following date at the city set forth in the upper left-hand corner of the prior page. Date: June 5, 2013 L.A. Bankrupty Group Printed name of law firm I HEREBY APPROVE THE ABOVE: /s/ Antonio Martinez Flores /s/ Sergio J. Siderman Signature of Debtor Signature of attorney Sergio J. Siderman Printed name of attorney This form is optional. It has been approved for use by the United States Bankruptcy Court for the Central District of California December 2012 Page 2 F 2090-1.1.DEC.LTD.SCOPE Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 42 of 57 Exhibit B Page 48 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 51 of 73 Page ID #:249 PROOF OF SERVICE OF DOCUMENT I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is: 700 South Flower Street Suite 2710 Los Angeles, CA 90017 A true and correct copy of the foregoing document entitled (specify): DECLARATION RE: LIMITED SCOPE OF APPEARANCE PURSUANT TO LBR 2090-1 will be served or was served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d); and (b) in the manner stated below: 1. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF): Pursuant to controlling General Orders and LBR, the foregoing document will be served by the court via NEF and hyperlink to the document. On , I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that the following persons are on the Electronic Mail Notice List to receive NEF transmission at the email addresses stated below:  Service information continued on attached page 2. SERVED BY UNITED STATES MAIL: On , I served the following persons and/or entities at the last known addresses in this bankruptcy case or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United States mail, first class, postage prepaid, and addressed as follows. Listing the judge here constitutes a declaration that mailing to the judge will be completed no later than 24 hours after the document is filed.  Service information continued on attached page 3. SERVED BY PERSONAL DELIVERY, OVERNIGHT MAIL, FACSIMILE TRANSMISSION OR EMAIL (state method for each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on , I served the following persons and/or entities by personal delivery, overnight mail service, or (for those who consented in writing to such service method), by facsimile transmission and/or email as follows. Listing the judge here constitutes a declaration that personal delivery on, or overnight mail to, the judge will be completed no later than 24 hours after the document is filed.  Service information continued on attached page I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. June 5, 2013 Sergio J. Siderman /s/ Sergio J. Siderman Date Printed Name Signature This form is optional. It has been approved for use by the United States Bankruptcy Court for the Central District of California December 2012 Page 3 F 2090-1.1.DEC.LTD.SCOPE Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 43 of 57 Exhibit B Page 49 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 52 of 73 Page ID #:250 February 2006 2006 USBC Central District of California United States Bankruptcy Court Central District of California In re Antonio Martinez Flores Case No. Debtor(s) Chapter 7 DEBTOR'S CERTIFICATION OF EMPLOYMENT INCOME PURSUANT TO 11 U.S.C. § 521 (a)(1)(B)(iv) Please fill out the following blank(s) and check the box next to one of the following statements: I, Antonio Martinez Flores , the debtor in this case, declare under penalty of perjury under the laws of the United States of America that:  I have attached to this certificate copies of my pay stubs, pay advices and/or other proof of employment income for the 60-day period prior to the date of the filing of my bankruptcy petition. (NOTE: the filer is responsible for blacking out the Social Security number on pay stubs prior to filing them.)  I was self-employed for the entire 60-day period prior to the date of the filing of my bankruptcy petition, and received no payment from any other employer.  I was unemployed for the entire 60-day period prior to the date of the filing of my bankruptcy petition. I, , the debtor in this case, declare under penalty of perjury under the laws of the United States of America that:  I have attached to this certificate copies of my pay stubs, pay advices and/or other proof of employment income for the 60-day period prior to the date of the filing of my bankruptcy petition. (NOTE: the filer is responsible for blacking out the Social Security number on pay stubs prior to filing them.)  I was self-employed for the entire 60-day period prior to the date of the filing of my bankruptcy petition, and received no payment from any other employer.  I was unemployed for the entire 60-day period prior to the date of the filing of my bankruptcy petition. Date June 5, 2013 Signature /s/ Antonio Martinez Flores Antonio Martinez Flores Debtor Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 44 of 57 Exhibit B Page 50 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 53 of 73 Page ID #:251 Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 45 of 57 Exhibit B Page 51 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 54 of 73 Page ID #:252 Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 46 of 57 Exhibit B Page 52 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 55 of 73 Page ID #:253 B22A (Official Form 22A) (Chapter 7) (04/13) In re Antonio Martinez Flores According to the information required to be entered on this statement (check one box as directed in Part I, III, or VI of this statement):  The presumption arises.  The presumption does not arise.  The presumption is temporarily inapplicable. Debtor(s) Case Number: (If known) CHAPTER 7 STATEMENT OF CURRENT MONTHLY INCOME AND MEANS-TEST CALCULATION In addition to Schedules I and J, this statement must be completed by every individual chapter 7 debtor. If none of the exclusions in Part I applies, joint debtors may complete one statement only. If any of the exclusions in Part I applies, joint debtors should complete separate statements if they believe this is required by § 707(b)(2)(C). Part I. MILITARY AND NON-CONSUMER DEBTORS 1A Disabled Veterans. If you are a disabled veteran described in the Declaration in this Part IA, (1) check the box at the beginning of the Declaration, (2) check the box for "The presumption does not arise" at the top of this statement, and (3) complete the verification in Part VIII. Do not complete any of the remaining parts of this statement.  Declaration of Disabled Veteran. By checking this box, I declare under penalty of perjury that I am a disabled veteran (as defined in 38 U.S.C. § 3741(1)) whose indebtedness occurred primarily during a period in which I was on active duty (as defined in 10 U.S.C. § 101(d)(1)) or while I was performing a homeland defense activity (as defined in 32 U.S.C. §901(1)). 1B Non-consumer Debtors. If your debts are not primarily consumer debts, check the box below and complete the verification in Part VIII. Do not complete any of the remaining parts of this statement.  Declaration of non-consumer debts. By checking this box, I declare that my debts are not primarily consumer debts. 1C Reservists and National Guard Members; active duty or homeland defense activity. Members of a reserve component of the Armed Forces and members of the National Guard who were called to active duty (as defined in 10 U.S.C. § 101(d)(1)) after September 11, 2001, for a period of at least 90 days, or who have performed homeland defense activity (as defined in 32 U.S.C. § 901(1)) for a period of at least 90 days, are excluded from all forms of means testing during the time of active duty or homeland defense activity and for 540 days thereafter (the "exclusion period"). If you qualify for this temporary exclusion, (1) check the appropriate boxes and complete any required information in the Declaration of Reservists and National Guard Members below, (2) check the box for "The presumption is temporarily inapplicable" at the top of this statement, and (3) complete the verification in Part VIII. During your exclusion period you are not required to complete the balance of this form, but you must complete the form no later than 14 days after the date on which your exclusion period ends, unless the time for filing a motion raising the means test presumption expires in your case before your exclusion period ends.  Declaration of Reservists and National Guard Members. By checking this box and making the appropriate entries below, I declare that I am eligible for a temporary exclusion from means testing because, as a member of a reserve component of the Armed Forces or the National Guard a. I was called to active duty after September 11, 2001, for a period of at least 90 days and  I remain on active duty /or/  I was released from active duty on , which is less than 540 days before this bankruptcy case was filed; OR b. I am performing homeland defense activity for a period of at least 90 days /or/  I performed homeland defense activity for a period of at least 90 days, terminating on , which is less than 540 days before this bankruptcy case was filed. Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 47 of 57 Exhibit B Page 53 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 56 of 73 Page ID #:254 B22A (Official Form 22A) (Chapter 7) (04/13) 2 Part II. CALCULATION OF MONTHLY INCOME FOR § 707(b)(7) EXCLUSION 2 Marital/filing status. Check the box that applies and complete the balance of this part of this statement as directed. a.  Unmarried. Complete only Column A ("Debtor's Income") for Lines 3-11. b.  Married, not filing jointly, with declaration of separate households. By checking this box, debtor declares under penalty of perjury: "My spouse and I are legally separated under applicable non-bankruptcy law or my spouse and I are living apart other than for the purpose of evading the requirements of § 707(b)(2)(A) of the Bankruptcy Code." Complete only column A ("Debtor's Income") for Lines 3-11. c.  Married, not filing jointly, without the declaration of separate households set out in Line 2.b above. Complete both Column A ("Debtor's Income") and Column B ("Spouse's Income") for Lines 3-11. d.  Married, filing jointly. Complete both Column A ("Debtor's Income") and Column B ("Spouse's Income") for Lines 3-11. All figures must reflect average monthly income received from all sources, derived during the six calendar months prior to filing the bankruptcy case, ending on the last day of the month before the filing. If the amount of monthly income varied during the six months, you must divide the six-month total by six, and enter the result on the appropriate line. Column A Debtor's Income Column B Spouse's Income 3 Gross wages, salary, tips, bonuses, overtime, commissions. $ 5,275.29 $ 5,400.00 4 Income from the operation of a business, profession or farm. Subtract Line b from Line a and enter the difference in the appropriate column(s) of Line 4. If you operate more than one business, profession or farm, enter aggregate numbers and provide details on an attachment. Do not enter a number less than zero. Do not include any part of the business expenses entered on Line b as a deduction in Part V. $ 10.00 $ 0.00 5 Rent and other real property income. Subtract Line b from Line a and enter the difference in the appropriate column(s) of Line 5. Do not enter a number less than zero. Do not include any part of the operating expenses entered on Line b as a deduction in Part V. $ 0.00 $ 0.00 6 Interest, dividends, and royalties. $ 0.00 $ 0.00 7 Pension and retirement income. $ 0.00 $ 0.00 8 Any amounts paid by another person or entity, on a regular basis, for the household expenses of the debtor or the debtor's dependents, including child support paid for that purpose. Do not include alimony or separate maintenance payments or amounts paid by your spouse if Column B is completed. Each regular payment should be reported in only one column; if a payment is listed in Column A, do not report that payment in Column B. $ 0.00 $ 0.00 9 Unemployment compensation. Enter the amount in the appropriate column(s) of Line 9. However, if you contend that unemployment compensation received by you or your spouse was a benefit under the Social Security Act, do not list the amount of such compensation in Column A or B, but instead state the amount in the space below: $ 0.00 $ 0.00 10 Income from all other sources. Specify source and amount. If necessary, list additional sources on a separate page. Do not include alimony or separate maintenance payments paid by your spouse if Column B is completed, but include all other payments of alimony or separate maintenance. Do not include any benefits received under the Social Security Act or payments received as a victim of a war crime, crime against humanity, or as a victim of international or domestic terrorism. Total and enter on Line 10 $ 0.00 $ 0.00 11 Subtotal of Current Monthly Income for § 707(b)(7). Add Lines 3 thru 10 in Column A, and, if Column B is completed, add Lines 3 through 10 in Column B. Enter the total(s). $ 5,285.29 $ 5,400.00 Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy b. Ordinary and necessary business expenses $ 740.00 $ 0.00 c. Business income Subtract Line b from Line a Debtor Spouse a. Gross receipts Debtor Spouse Unemployment compensation claimed to be a benefit under the Social Security Act Debtor $ 0.00 Spouse $ 0.00 a. Gross receipts $ 0.00 $ 0.00 Debtor Spouse a. $ $ b. $ $ b. Ordinary and necessary operating expenses $ 0.00 $ 0.00 c. Rent and other real property income Subtract Line b from Line a $ 750.00 $ 0.00 Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 48 of 57 Exhibit B Page 54 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 57 of 73 Page ID #:255 B22A (Official Form 22A) (Chapter 7) (04/13) 3 12 Total Current Monthly Income for § 707(b)(7). If Column B has been completed, add Line 11, Column A to Line 11, Column B, and enter the total. If Column B has not been completed, enter the amount from Line 11, Column A. $ 10,685.29 Part III. APPLICATION OF § 707(b)(7) EXCLUSION 13 Annualized Current Monthly Income for § 707(b)(7). Multiply the amount from Line 12 by the number 12 and enter the result. $ 128,223.48 14 Applicable median family income. Enter the median family income for the applicable state and household size. (This information is available by family size at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court.) $ 63,030.00 15 Application of Section 707(b)(7). Check the applicable box and proceed as directed.  The amount on Line 13 is less than or equal to the amount on Line 14. Check the box for "The presumption does not arise" at the top of page 1 of this statement, and complete Part VIII; do not complete Parts IV, V, VI or VII.  The amount on Line 13 is more than the amount on Line 14. Complete the remaining parts of this statement. Complete Parts IV, V, VI, and VII of this statement only if required. (See Line 15.) Part IV. CALCULATION OF CURRENT MONTHLY INCOME FOR § 707(b)(2) 16 Enter the amount from Line 12. $ 10,685.29 17 Marital adjustment. If you checked the box at Line 2.c, enter on Line 17 the total of any income listed in Line 11, Column B that was NOT paid on a regular basis for the household expenses of the debtor or the debtor's dependents. Specify in the lines below the basis for excluding the Column B income (such as payment of the spouse's tax liability or the spouse's support of persons other than the debtor or the debtor's dependents) and the amount of income devoted to each purpose. If necessary, list additional adjustments on a separate page. If you did not check box at Line 2.c, enter zero. Total and enter on Line 17 $ 0.00 18 Current monthly income for § 707(b)(2). Subtract Line 17 from Line 16 and enter the result. $ 10,685.29 Part V. CALCULATION OF DEDUCTIONS FROM INCOME Subpart A: Deductions under Standards of the Internal Revenue Service (IRS) 19A National Standards: food, clothing and other items. Enter in Line 19A the "Total" amount from IRS National Standards for Food, Clothing and Other Items for the applicable number of persons. (This information is available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court.) The applicable number of persons is the number that would currently be allowed as exemptions on your federal income tax return, plus the number of any additional dependents whom you support. $ 1,053.00 19B National Standards: health care. Enter in Line a1 below the amount from IRS National Standards for Out-of-Pocket Health Care for persons under 65 years of age, and in Line a2 the IRS National Standards for Out-of-Pocket Health Care for persons 65 years of age or older. (This information is available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court.) Enter in Line b1 the applicable number of persons who are under 65 years of age, and enter in Line b2 the applicable number of persons who are 65 years of age or older. (The applicable number of persons in each age category is the number in that category that would currently be allowed as exemptions on your federal income tax return, plus the number of any additional dependents whom you support.) Multiply Line a1 by Line b1 to obtain a total amount for persons under 65, and enter the result in Line c1. Multiply Line a2 by Line b2 to obtain a total amount for persons 65 and older, and enter the result in Line c2. Add Lines c1 and c2 to obtain a total health care amount, and enter the result in Line 19B. $ 120.00 20A Local Standards: housing and utilities; non-mortgage expenses. Enter the amount of the IRS Housing and Utilities Standards; non-mortgage expenses for the applicable county and family size. (This information is available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court). The applicable family size consists of the number that would currently be allowed as exemptions on your federal income tax return, plus the number of any additional dependents whom you support. $ 515.00 Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy $ b. $ c. $ Persons under 65 years of age Persons 65 years of age or older a1. Allowance per person 60 a2. Allowance per person 144 b1. Number of persons 2 b2. Number of persons 0 c1. Subtotal 120.00 c2. Subtotal 0.00 d. $ CA b. Enter debtor's household size: 2a. Enter debtor's state of residence: a. Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 49 of 57 Exhibit B Page 55 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 58 of 73 Page ID #:256 B22A (Official Form 22A) (Chapter 7) (04/13) 4 20B Local Standards: housing and utilities; mortgage/rent expense. Enter, in Line a below, the amount of the IRS Housing and Utilities Standards; mortgage/rent expense for your county and family size (this information is available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court) (the applicable family size consists of the number that would currently be allowed as exemptions on your federal income tax return, plus the number of any additional dependents whom you support); enter on Line b the total of the Average Monthly Payments for any debts secured by your home, as stated in Line 42; subtract Line b from Line a and enter the result in Line 20B. Do not enter an amount less than zero. $ 2,151.00 21 Local Standards: housing and utilities; adjustment. If you contend that the process set out in Lines 20A and 20B does not accurately compute the allowance to which you are entitled under the IRS Housing and Utilities Standards, enter any additional amount to which you contend you are entitled, and state the basis for your contention in the space below: $ 921.60 22A Local Standards: transportation; vehicle operation/public transportation expense. You are entitled to an expense allowance in this category regardless of whether you pay the expenses of operating a vehicle and regardless of whether you use public transportation. Check the number of vehicles for which you pay the operating expenses or for which the operating expenses are included as a contribution to your household expenses in Line 8.  0  1  2 or more. If you checked 0, enter on Line 22A the "Public Transportation" amount from IRS Local Standards: Transportation. If you checked 1 or 2 or more, enter on Line 22A the "Operating Costs" amount from IRS Local Standards: Transportation for the applicable number of vehicles in the applicable Metropolitan Statistical Area or Census Region. (These amounts are available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court.) $ 590.00 22B Local Standards: transportation; additional public transportation expense. If you pay the operating expenses for a vehicle and also use public transportation, and you contend that you are entitled to an additional deduction for you public transportation expenses, enter on Line 22B the "Public Transportation" amount from IRS Local Standards: Transportation. (This amount is available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court.) $ 0.00 23 Local Standards: transportation ownership/lease expense; Vehicle 1. Check the number of vehicles for which you claim an ownership/lease expense. (You may not claim an ownership/lease expense for more than two vehicles.)  1  2 or more. Enter, in Line a below, the "Ownership Costs" for "One Car" from the IRS Local Standards: Transportation (available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court); enter in Line b the total of the Average Monthly Payments for any debts secured by Vehicle 1, as stated in Line 42; subtract Line b from Line a and enter the result in Line 23. Do not enter an amount less than zero. $ 517.00 24 Local Standards: transportation ownership/lease expense; Vehicle 2. Complete this Line only if you checked the "2 or more" Box in Line 23. Enter, in Line a below, the "Ownership Costs" for "One Car" from the IRS Local Standards: Transportation (available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court); enter in Line b the total of the Average Monthly Payments for any debts secured by Vehicle 2, as stated in Line 42; subtract Line b from Line a and enter the result in Line 24. Do not enter an amount less than zero. $ 517.00 25 Other Necessary Expenses: taxes. Enter the total average monthly expense that you actually incur for all federal, state and local taxes, other than real estate and sales taxes, such as income taxes, self employment taxes, social security taxes, and Medicare taxes. Do not include real estate or sales taxes. $ 2,435.00 Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy a. IRS Transportation Standards, Ownership Costs $ 517.00 b. Average Monthly Payment for any debts secured by Vehicle 1, as stated in Line 42 $ 0.00 c. Net ownership/lease expense for Vehicle 1 Subtract Line b from Line a. Property Taxes, HOA Dues & Home Insurance b. Average Monthly Payment for any debts secured by your home, if any, as stated in Line 42 $ a. IRS Transportation Standards, Ownership Costs $ 517.00 b. Average Monthly Payment for any debts secured by Vehicle 2, as stated in Line 42 $ 0.00 c. Net ownership/lease expense for Vehicle 2 Subtract Line b from Line a. 0.00 c. Net mortgage/rental expense Subtract Line b from Line a. a. IRS Housing and Utilities Standards; mortgage/rental expense $ 2,151.00 Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 50 of 57 Exhibit B Page 56 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 59 of 73 Page ID #:257 B22A (Official Form 22A) (Chapter 7) (04/13) 5 26 Other Necessary Expenses: involuntary deductions for employment. Enter the total average monthly payroll deductions that are required for your employment, such as retirement contributions, union dues, and uniform costs. Do not include discretionary amounts, such as voluntary 401(k) contributions. $ 105.45 27 Other Necessary Expenses: life insurance. Enter total average monthly premiums that you actually pay for term life insurance for yourself. Do not include premiums for insurance on your dependents, for whole life or for any other form of insurance. $ 327.55 28 Other Necessary Expenses: court-ordered payments. Enter the total monthly amount that you are required to pay pursuant to the order of a court or administrative agency, such as spousal or child support payments. Do not include payments on past due obligations included in Line 44. $ 0.00 29 Other Necessary Expenses: education for employment or for a physically or mentally challenged child. Enter the total average monthly amount that you actually expend for education that is a condition of employment and for education that is required for a physically or mentally challenged dependent child for whom no public education providing similar services is available. $ 0.00 30 Other Necessary Expenses: childcare. Enter the total average monthly amount that you actually expend on childcare - such as baby-sitting, day care, nursery and preschool. Do not include other educational payments. $ 0.00 31 Other Necessary Expenses: health care. Enter the total average monthly amount that you actually expend on health care that is required for the health and welfare of yourself or your dependents, that is not reimbursed by insurance or paid by a health savings account, and that is in excess of the amount entered in Line 19B. Do not include payments for health insurance or health savings accounts listed in Line 34. $ 0.00 32 Other Necessary Expenses: telecommunication services. Enter the total average monthly amount that you actually pay for telecommunication services other than your basic home telephone and cell phone service - such as pagers, call waiting, caller id, special long distance, or internet service - to the extent necessary for your health and welfare or that of your dependents. Do not include any amount previously deducted. $ 240.00 33 Total Expenses Allowed under IRS Standards. Enter the total of Lines 19 through 32. $ 9,492.60 Subpart B: Additional Living Expense Deductions Note: Do not include any expenses that you have listed in Lines 19-32 34 Health Insurance, Disability Insurance, and Health Savings Account Expenses. List the monthly expenses in the categories set out in lines a-c below that are reasonably necessary for yourself, your spouse, or your dependents. $ 0.00 Total and enter on Line 34. If you do not actually expend this total amount, state your actual total average monthly expenditures in the space below: $ 35 Continued contributions to the care of household or family members. Enter the total average actual monthly expenses that you will continue to pay for the reasonable and necessary care and support of an elderly, chronically ill, or disabled member of your household or member of your immediate family who is unable to pay for such expenses. $ 0.00 36 Protection against family violence. Enter the total average reasonably necessary monthly expenses that you actually incurred to maintain the safety of your family under the Family Violence Prevention and Services Act or other applicable federal law. The nature of these expenses is required to be kept confidential by the court. $ 0.00 37 Home energy costs. Enter the total average monthly amount, in excess of the allowance specified by IRS Local Standards for Housing and Utilities, that you actually expend for home energy costs. You must provide your case trustee with documentation of your actual expenses, and you must demonstrate that the additional amount claimed is reasonable and necessary. $ 0.00 38 Education expenses for dependent children less than 18. Enter the total average monthly expenses that you actually incur, not to exceed $156.25* per child, for attendance at a private or public elementary or secondary school by your dependent children less than 18 years of age. You must provide your case trustee with documentation of your actual expenses, and you must explain why the amount claimed is reasonable and necessary and not already accounted for in the IRS Standards. $ 0.00 * Amount subject to adjustment on 4/01/16, and every three years thereafter with respect to cases commenced on or after the date of adjustment. Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy $ 0.00 b. Disability Insurance $ 0.00 c. Health Savings Account $ 0.00 a. Health Insurance Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 51 of 57 Exhibit B Page 57 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 60 of 73 Page ID #:258 B22A (Official Form 22A) (Chapter 7) (04/13) 6 39 Additional food and clothing expense. Enter the total average monthly amount by which your food and clothing expenses exceed the combined allowances for food and clothing (apparel and services) in the IRS National Standards, not to exceed 5% of those combined allowances. (This information is available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court.) You must demonstrate that the additional amount claimed is reasonable and necessary. $ 36.00 40 Continued charitable contributions. Enter the amount that you will continue to contribute in the form of cash or financial instruments to a charitable organization as defined in 26 U.S.C. § 170(c)(1)-(2). $ 0.00 41 Total Additional Expense Deductions under § 707(b). Enter the total of Lines 34 through 40 $ 36.00 Subpart C: Deductions for Debt Payment 42 Future payments on secured claims. For each of your debts that is secured by an interest in property that you own, list the name of the creditor, identify the property securing the debt, state the Average Monthly Payment, and check whether the payment includes taxes or insurance. The Average Monthly Payment is the total of all amounts scheduled as contractually due to each Secured Creditor in the 60 months following the filing of the bankruptcy case, divided by 60. If necessary, list additional entries on a separate page. Enter the total of the Average Monthly Payments on Line 42. Name of Creditor Property Securing the Debt Average Monthly Payment Does payment include taxes or insurance? a. Hsbc/rs Rental Single Family Property Located at: 24331 Electra Ct. Moreno Valley, CA 92551 $ 277.00 yes no b. James B Nutter & Co Rental Single Family Property Located at: 24331 Electra Ct. Moreno Valley, CA 92551 $ 463.00 yes no Total: Add Lines $ 740.00 43 Other payments on secured claims. If any of debts listed in Line 42 are secured by your primary residence, a motor vehicle, or other property necessary for your support or the support of your dependents, you may include in your deduction 1/60th of any amount (the "cure amount") that you must pay the creditor in addition to the payments listed in Line 42, in order to maintain possession of the property. The cure amount would include any sums in default that must be paid in order to avoid repossession or foreclosure. List and total any such amounts in the following chart. If necessary, list additional entries on a separate page. Name of Creditor Property Securing the Debt 1/60th of the Cure Amount a. Hsbc/rs Rental Single Family Property Located at: 24331 Electra Ct. Moreno Valley, CA 92551 $ 110.80 Total: Add Lines $ 110.80 44 Payments on prepetition priority claims. Enter the total amount, divided by 60, of all priority claims, such as priority tax, child support and alimony claims, for which you were liable at the time of your bankruptcy filing. Do not include current obligations, such as those set out in Line 28. $ 165.70 45 Chapter 13 administrative expenses. If you are eligible to file a case under chapter 13, complete the following chart, multiply the amount in line a by the amount in line b, and enter the resulting administrative expense. $ 0.00 46 Total Deductions for Debt Payment. Enter the total of Lines 42 through 45. $ 1,016.50 Subpart D: Total Deductions from Income 47 Total of all deductions allowed under § 707(b)(2). Enter the total of Lines 33, 41, and 46. $ 10,545.10 Part VI. DETERMINATION OF § 707(b)(2) PRESUMPTION Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy x 4.80 c. Average monthly administrative expense of chapter 13 case Total: Multiply Lines a and b a. Projected average monthly chapter 13 plan payment. $ 0.00 b. Current multiplier for your district as determined under schedules issued by the Executive Office for United States Trustees. (This information is available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court.) Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 52 of 57 Exhibit B Page 58 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 61 of 73 Page ID #:259 B22A (Official Form 22A) (Chapter 7) (04/13) 7 48 Enter the amount from Line 18 (Current monthly income for § 707(b)(2)) $ 10,685.29 49 Enter the amount from Line 47 (Total of all deductions allowed under § 707(b)(2)) $ 10,545.10 50 Monthly disposable income under § 707(b)(2). Subtract Line 49 from Line 48 and enter the result. $ 140.19 51 60-month disposable income under § 707(b)(2). Multiply the amount in Line 50 by the number 60 and enter the result. $ 8,411.40 52 Initial presumption determination. Check the applicable box and proceed as directed.  The amount on Line 51 is less than $7,475*. Check the box for "The presumption does not arise" at the top of page 1 of this statement, and complete the verification in Part VIII. Do not complete the remainder of Part VI.  The amount set forth on Line 51 is more than $12,475* Check the box for "The presumption arises" at the top of page 1 of this statement, and complete the verification in Part VIII. You may also complete Part VII. Do not complete the remainder of Part VI.  The amount on Line 51 is at least $7,475*, but not more than $12,475*. Complete the remainder of Part VI (Lines 53 through 55). 53 Enter the amount of your total non-priority unsecured debt $ 5,099,940.00 54 Threshold debt payment amount. Multiply the amount in Line 53 by the number 0.25 and enter the result. $ 1,274,985.00 55 Secondary presumption determination. Check the applicable box and proceed as directed.  The amount on Line 51 is less than the amount on Line 54. Check the box for "The presumption does not arise" at the top of page 1 of this statement, and complete the verification in Part VIII.  The amount on Line 51 is equal to or greater than the amount on Line 54. Check the box for "The presumption arises" at the top of page 1 of this statement, and complete the verification in Part VIII. You may also complete Part VII. Part VII. ADDITIONAL EXPENSE CLAIMS 56 Other Expenses. List and describe any monthly expenses, not otherwise stated in this form, that are required for the health and welfare of you and your family and that you contend should be an additional deduction from your current monthly income under § 707(b)(2)(A)(ii)(I). If necessary, list additional sources on a separate page. All figures should reflect your average monthly expense for each item. Total the expenses. Part VIII. VERIFICATION 57 I declare under penalty of perjury that the information provided in this statement is true and correct. (If this is a joint case, both debtors must sign.) Antonio Martinez Flores (Debtor) * Amounts are subject to adjustment on 4/01/16, and every three years thereafter with respect to cases commenced on or after the date of adjustment. Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy c. $ d. $ Total: Add Lines a, b, c, and d $ Expense Description Monthly Amount a. $ Date: June 5, 2013 Signature: /s/ Antonio Martinez Flores b. $ Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 53 of 57 Exhibit B Page 59 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 62 of 73 Page ID #:260 Verification of Creditor Mailing List - (Rev. 10/05) 2005 USBC, Central District of California MASTER MAILING LIST Verification Pursuant to Local Bankruptcy Rule 1007-2(d) Name Sergio J. Siderman Address 700 South Flower Street Suite 2710 Los Angeles, CA 90017 Telephone (213)622-8352 Fax: (213)927-3630  Attorney for Debtor(s)  Debtor in Pro Per UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA List all names including trade names used by Debtor(s) within last 8 years: Antonio Martinez Flores Case No.: Chapter: 7 VERIFICATION OF CREDITOR MAILING LIST The above named debtor(s), or debtor's attorney if applicable, do hereby certify under penalty of perjury that the attached Master Mailing List of creditors, consisting of 3 sheet(s) is complete, correct, and consistent with the debtor's schedules pursuant to Local Rule 1007-2(d) and I/we assume all responsibility for errors and omissions. Date: June 5, 2013 /s/ Antonio Martinez Flores Antonio Martinez Flores Signature of Debtor Date: June 5, 2013 /s/ Sergio J. Siderman Signature of Attorney Sergio J. Siderman L.A. Bankrupty Group 700 South Flower Street Suite 2710 Los Angeles, CA 90017 (213)622-8352 Fax: (213)927-3630 Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 54 of 57 Exhibit B Page 60 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 63 of 73 Page ID #:261 }bk1{Credito AsMax Antonio Martinez Flores 525 E. Sea Side Way, Unit 606 Long Beach, CA 90802 Sergio J. Siderman L.A. Bankrupty Group 700 South Flower Street Suite 2710 Los Angeles, CA 90017 Cach Llc/Square Two Financial Attention: Bankruptcy 4340 South Monaco St. 2nd Floor Denver, CO 80237 California Franchise Tax Board BANKRUPTCY SECTION MS A340 PO BOX 2952 Sacramento, CA 95812 Cfs Ii Inc 2488 E 81st St Ste 500 Tulsa, OK 74137 Chase Po Box 15298 Wilmington, DE 19850 Chase Mht Bk Attention: Bankruptcy Po Box 15298 Wilmington, DE 19850 Discover Fin Svcs Llc Po Box 15316 Wilmington, DE 19850 Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 55 of 57 Exhibit B Page 61 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 64 of 73 Page ID #:262 Heather Brancato Martin c/o Law Offices of Kottle & Kottler 6420 Wilshire Blvd. - Penthouse Los Angeles, CA 90048 Hsbc/rs Attn: Bankruptcy Department Po Box 5263 Carol Stream, IL 60197 Internal Revenue Service Fresno, CA 93888 James B Nutter & Co Attn: BKO Po Box 419404 Kansas City, MO 64141 Lhr Inc 56 Main St Hamburg, NY 14075 Peoples Bk Credit Card Services Attn: Bankruptcy Po Box 7092 Bridgeport, CT 06601 Portfolio Recovery Attn: Bankruptcy Po Box 41067 Norfolk, VA 23541 Sears/cbna Po Box 6282 Sioux Falls, SD 57117 Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 56 of 57 Exhibit B Page 62 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 65 of 73 Page ID #:263 Union Adjustment Co 3214 W Burbank Blvd Burbank, CA 91505 Unvl/citi Attn.: Centralized Bankruptcy Po Box 20507 Kansas City, MO 64195 Case 2:13-bk-24863-TD Doc 1 Filed 06/05/13 Entered 06/05/13 19:22:32 Desc Main Document Page 57 of 57 Exhibit B Page 63 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/1 Page 66 of 73 Page ID #:264 EXHIBIT C Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/16 Page 67 of 73 Page ID #:265 B18 (Official Form 18)(12/11) United States Bankruptcy Court Central District Of California 255 East Temple Street, Los Angeles, CA 90012 DISCHARGE OF DEBTOR DEBTOR INFORMATION: Antonio Martinez Flores BANKRUPTCY NO. 2:13−bk−24863−TD CHAPTER 7 Last four digits of Social−Security or Individual Taxpayer−Identification (ITIN) No(s)., (if any): xxx−xx−2208 Employer Tax−Identification (EIN) No(s).(if any): N/A Debtor Discharge Date: 1/6/14 Address: 525 E. Sea Side Way, Unit 606 Long Beach, CA 90802 It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The debtor is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code). SEE THE BACK OF THIS ORDER FOR EXCEPTIONS AND OTHER IMPORTANT INFORMATION. BY THE COURT, Dated: January 6, 2014 Kathleen J. Campbell Clerk of the Court ____________________________________________________________________________________________ * Set forth all names, including trade names, used by the debtor(s) within the last 8 years. For joint debtors, set forth the last four digits of both social−security numbers or individual taxpayer−identification numbers. (Form b18−DIS Rev. 12/2011) VAN−30 40 / MAG Case 2:13-bk-24863-TD Doc 40 Filed 01/06/14 Entered 01/06/14 09:19:59 Desc Discharge of Debtor (Ch 7) Page 1 of 2 Exhibit C Page 64 : 5 cv-01727-MWF-JEM Document 32-2 Filed 11/21/16 Page 68 of 73 Page ID #:266 B18 (Official Form 18) Cont. Rev.(12/11) EXPLANATION OF BANKRUPTCY DISCHARGE IN A CHAPTER 7 CASE This court order grants a discharge to the person named as the debtor. It is not a dismissal of the case and it does not determine how much money, if any, the trustee will pay to creditors. Collection of Discharged Debts Prohibited The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, a creditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wages or other property, or to take any other action to collect a discharged debt from the debtor. [In a case involving community property: There are also special rules that protect certain community property owned by the debtor's spouse, even if that spouse did not file a bankruptcy case.] A creditor who violates this order can be required to pay damages and attorney's fees to the debtor. However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case. Also, a debtor may voluntarily pay any debt that has been discharged. Debts That are Discharged The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debts owed when the bankruptcy case was converted.) Debts That are Not Discharged. Some of the common types of debts which are not discharged in a chapter 7 bankruptcy case are: a. Debts for most taxes; b. Debts incurred to pay nondischargeable taxes; c. Debts that are domestic support obligations; d. Debts for most student loans; e. Debts for most fines, penalties, forfeitures, or criminal restitution obligations; f. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or aircraft while intoxicated; g. Some debts which were not properly listed by the debtor; h. Debts that the bankruptcy court, under section 523 of the Bankruptcy Code or other applicable law, specifically has decided or will decide in this bankruptcy case are not discharged; i. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in compliance with the Bankruptcy Code requirements for reaffirmation of debts; and j. Debts owed to certain pension, profit sharing, stock bonus, other retirement plans, or to the Thrift Savings Plan for federal employees for certain types of loans from these plans. This information is only a general summary of the bankruptcy discharge. There are exceptions to these general rules. Because the law is complicated, you may want to consult an attorney to determine the exact effect of the discharge in this case. Case 2:13-bk-24863-TD Doc 40 Filed 01/06/14 Entered 01/06/14 09:19:59 Desc Discharge of Debtor (Ch 7) Page 2 of 2 Exhibit C Page 65 : 5 cv-01727-MWF-JEM Document 32-2 Filed 11/21/16 Page 69 of 73 Page ID #:267 EXHIBIT D Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/16 Page 70 of 73 Page ID #:268 11/17/2016 CM/ECF - U.S. Bankruptcy Court (v5.1 - LIVE) https://ecf.cacb.uscourts.gov/cgi-bin/HistDocQry.pl?155527955971061-L_1_0-1 1/3 2:13-bk-24863-TD Antonio Martinez Flores Case type: bk Chapter: 7 Asset: No Vol: v Judge: Thomas B. Donovan Date filed: 06/05/2013 Date of last filing: 02/10/2015 Debtor discharged: 01/06/2014 Date terminated: 02/10/2015 History Doc. No. Dates Description 1 Filed & Entered: 06/05/2013 Voluntary Petition (Chapter 7) 2 Filed & Entered: 06/05/2013 Electronic Filing Declaration (LBR Form F1002-1) 3 Filed & Entered: 06/05/2013 Certificate of Credit Counseling 4 Filed & Entered: 06/05/2013 Declaration by Debtor as to Whether Db Received Income From an Employer (LBR Form F1002-1) 5 Filed & Entered: 06/05/2013 Statement About Your Social Security Numbers (Official Form 121) 6 Filed & Entered: 06/05/2013 Meeting (AutoAssign Chapter 7) Filed & Entered: 06/06/2013 Automatic docket of credit card/debit card 7 Filed & Entered: 06/08/2013 BNC Certificate of Notice 8 Filed & Entered: 07/02/2013 Continuance of Meeting of Creditors (Rule 2003(e)) (Trustee's 341 Filings) 9 Filed & Entered: 07/02/2013 Notice of continued meeting of creditors and appearance of debtor (11 USC 341(a)) 10 Filed & Entered: 07/22/2013 Continuance of Meeting of Creditors (Rule 2003(e)) (Trustee's 341 Filings) 11 Filed & Entered: 07/24/2013 Notice of continued meeting of creditors and appearance of debtor (11 USC 341(a)) 12 Filed & Entered: 08/01/2013 Request for courtesy Notice of Electronic Filing (NEF) 13 Filed & Entered: 08/02/2013 Terminated:08/30/2013 Application to Employ 14 Filed & Entered: 08/12/2013 Certification About a Financial Management Course for Debtor 1 (Official Form 423) 14 Filed & Entered: 08/12/2013 Electronic Filing Declaration (LBR Form F1002-1) 15 Filed & 08/16/2013 Application to Employ Exhibit D Page 66 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/16 Page 71 of 73 Page ID #:269 11/17/2016 CM/ECF - U.S. Bankruptcy Court (v5.1 - LIVE) https://ecf.cacb.uscourts.gov/cgi-bin/HistDocQry.pl?155527955971061-L_1_0-1 2/3 Entered: Terminated:09/16/2013 16 Filed & Entered: 08/26/2013 Declaration re: non opposition 17 Filed & Entered: 08/26/2013 Notice of Lodgment 18 Filed & Entered: 08/27/2013 Notice of Assets filed by trustee and court's notice of possible dividend (BNC) 19 Filed & Entered: 08/28/2013 Statement of Related Cases (LBR Form 1015-2.1) 20 Filed & Entered: 08/28/2013 Electronic Filing Declaration (LBR Form F1002-1) Filed & Entered: 08/29/2013 Automatic docket of credit card/debit card 21 Filed & Entered: 08/29/2013 Terminated:10/08/2013 Motion for Relief from Stay - ACTION IN NON-BANKRUPTCY FORUM 22 Filed & Entered: 08/29/2013 BNC Certificate of Notice 23 Filed & Entered: 08/30/2013 Order on Application to Employ (BNC-PDF) 24 Filed & Entered: 09/01/2013 BNC Certificate of Notice - PDF Document Filed & Entered: 09/03/2013 Hearing (Bk Motion) Set 25 Filed & Entered: 09/04/2013 Response 26 Filed & Entered: 09/10/2013 Declaration re: non opposition 27 Filed & Entered: 09/16/2013 Order on Application to Employ (BNC-PDF) 28 Filed & Entered: 09/16/2013 Notice of Proposed Abandonment of Property of the Estate Filed & Entered: 09/18/2013 Automatic docket of credit card/debit card 29 Filed & Entered: 09/18/2013 Terminated:10/23/2013 Motion for Relief from Stay - Real Property 30 Filed & Entered: 09/18/2013 BNC Certificate of Notice - PDF Document 31 Filed & Entered: 09/19/2013 Reply 32 Filed & Entered: 09/23/2013 Hearing (Bk Motion) Set Exhibit D Page 67 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/16 Page 72 of 73 Page ID #:270 11/17/2016 CM/ECF - U.S. Bankruptcy Court (v5.1 - LIVE) https://ecf.cacb.uscourts.gov/cgi-bin/HistDocQry.pl?155527955971061-L_1_0-1 3/3 Filed & Entered: 09/26/2013 Hearing (Bk Motion) Continued 33 Filed & Entered: 09/26/2013 Notice to creditors (BNC) 34 Filed & Entered: 09/28/2013 BNC Certificate of Notice 35 Filed & Entered: 10/02/2013 Notice of Lodgment 36 Filed & Entered: 10/08/2013 Motion for relief from automatic stay ACTION IN NON- BANKRUPTCY FORUM (BNC-PDF) 37 Filed & Entered: 10/10/2013 BNC Certificate of Notice - PDF Document 38 Filed & Entered: 10/23/2013 Motion for relief from the automatic stay REAL PROPERTY (BNC- PDF) 39 Filed & Entered: 10/25/2013 BNC Certificate of Notice - PDF Document 40 Filed & Entered: 01/06/2014 ORDER OF DISCHARGE - Chapter 7 (CACB AutoDischarge) (BNC) 41 Filed & Entered: 01/08/2014 BNC Certificate of Notice 42 Filed & Entered: 07/22/2014 Request for courtesy Notice of Electronic Filing (NEF) Filed & Entered: 09/08/2014 Chapter 7 Trustee's Report of No Distribution 43 Filed & Entered: 02/10/2015 Close Bankruptcy Case PACER Service Center Transaction Receipt 11/17/2016 09:47:39 Exhibit D Page 68 Case 2:15-cv-01727-MWF-JEM Document 32-2 Filed 11/21/16 Page 73 of 73 Page ID #:271 LEGAL_US_W # 87869711.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER GRANTING MTN FOR PRTL J. ON PLDGS OR, IN THE ALT., PRTL. S. J. U.S.D.C., C.D. Cal., No. CV 15-01727 MWF (JEMx) JEFFREY D. WOHL (Cal. State Bar No. 096838) JUSTIN M. SCOTT (Cal. State Bar No. 302502) PAUL HASTINGS LLP 55 Second Street, 24th Floor San Francisco, California 94105-3441 Telephone: (415) 856-7000 Facsimile: (415) 856-7100 jeffwohl@paulhastings.com justinscott@paulhastings.com Attorneys for Defendant Rite Aid Corporation UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA REBECCA YAM, an individual, Plaintiff, vs. RITE AID CORPORATION, and DOES 1 through 50, inclusive, Defendants. No. 2:15-cv-01727-MWF (JEMx) [PROPOSED] ORDER GRANTING DEFENDANT RITE AID CORPORATION’S NOTICE OF MOTION AND MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT Date: December 19, 2016 Time: 10:00 a.m. Ctrm: 5A (1st Street Courthouse, 350 W. 1st Street, Los Angeles) Judge: Hon. Michael W. Fitzgerald Case 2:15-cv-01727-MWF-JEM Document 32-3 Filed 11/21/16 Page 1 of 5 Page ID #:272 LEGAL_US_W # 87869711.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER GRANTING MTN FOR PRTL J. ON PLDGS OR, IN THE ALT., PRTL. S. J U.S.D.C., C.D. Cal., No. CV 15-01727 MWF (JEMx) On December 19, 2016, a hearing was held on defendant Rite Aid Corporation’s (“Rite Aid”) motion for partial judgment on the pleadings or, in the alternative, partial summary judgment against plaintiff Rebecca Yam to the extent plaintiff’s claims accrued prior to her husband’s petition for bankruptcy on June 5, 2013, pursuant to Rule 12(c) and Rule 56(a), Federal Rules of Civil Procedure. Matthew Righetti and Michael Righetti of Righetti Gulgoski, P.C. appeared for plaintiff Rebecca Yam; and Jeffrey D. Wohl and Justin M. Scott of Paul Hastings LLP appeared for Rite Aid. The Court having considered the papers on the motion, the arguments of counsel and the law, and good cause appearing therefor, IT IS ORDERED that Rite Aid’s request for judicial notice is GRANTED. IT IS FURTHER ORDERED that partial judgment for Rite Aid be and hereby is GRANTED, to the extent plaintiff’s claims accrued before June 5, 2013, for the reasons set forth below. Plaintiff Lacks Standing to Pursue This Action Plaintiff lacks standing to prosecute her claims to the extent they accrued before her husband, Antonio Flores, filed a Chapter 7 bankruptcy petition on June 5, 2013. Absent abandonment by the bankruptcy trustee, a Chapter 7 debtor lacks standing to pursue pre-petition claims because they are and remain the property of the bankruptcy estate. Although Mr. Flores filed for bankruptcy as an individual debtor, this does not change the underlying principle that the bankruptcy trustee alone has standing to prosecute pre-petition claims properly belonging to the bankruptcy estate. In California, all property (real or personal) acquired by a married person during the marriage is presumed to be community property. Cal. Fam. Code § 760. Plaintiff’s pre-petition claims against Rite Aid-accruing during her marriage-are community property. Lawsuits or potential causes of action are assets or contingent assets that must be disclosed on a petitioner’s bankruptcy schedules. Sierra Switchboard Co. v. Westinghouse Elec. Corp., 789 F.2d 705, 707 (9th Cir. 1986) (“The scope of section 541 is broad, and includes causes of action.”). Moreover, “[c]ommunity property assets and Case 2:15-cv-01727-MWF-JEM Document 32-3 Filed 11/21/16 Page 2 of 5 Page ID #:273 LEGAL_US_W # 87869711.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 ORDER GRANTING MTN FOR PRTL J. ON PLDGS OR, IN THE ALT., PRTL. S. J. U.S.D.C., C.D. Cal., No. CV 15-01727 MWF (JEMx) their proceeds become part of the bankruptcy estate of the first spouse to file a bankruptcy petition.” Griffin v. Allstate Ins. Co., 920 F. Supp. 127, 130 (C.D. Cal. 1996) (citing In re Bartlett, 24 B.R. 605, 607 (Bankr. 9th Cir. 1982)). Here, plaintiff’s potential claim against Rite Aid is a contingent asset that constitutes community property under California law, and therefore, should have been part of the bankruptcy estate. The bankruptcy trustee is the representative of the bankruptcy estate with capacity to sue and be sued on its behalf. 11 U.S.C. § 323. All property not validly abandoned remains property of the bankruptcy estate. 11 U.S.C. § 554(d). “Under Chapter 7 bankruptcy, once the petition is filed, all pre-petition causes of action become part of the estate. As such, the bankruptcy trustee is the sole individual with standing to maintain the pre-petition claim.” Lennear v. Diamond Pet Food Processors of California, LLC, 147 F. Supp. 3d 1037, 1044 (E.D. Cal. 2015); see also In re An-Tze Cheng, 308 B.R. 448, 461 (Bankr. 9th Cir. 2004) (“Property of the estate that is not scheduled or otherwise administered by the time the case is closed remains property of the estate forever.”). Here, plaintiff’s claims for unpaid wages date back to November 2009, predating Mr. Flores’s bankruptcy by several years, and were part and parcel of the bankruptcy estate. Because plaintiff’s claims were never disclosed, they were never administered or abandoned by the trustee, and therefore, remain property of the estate. Thus, plaintiff’s rights with regard to the pre-petition claims in this action were extinguished when Mr. Flores commenced the Chapter 7 bankruptcy. As such, the bankruptcy trustee-and not plaintiff-is the only party who may now pursue these pre-petition claims. Accordingly, plaintiff lacks standing to pursue the claims in this action to the extent that they accrued prior to Mr. Flores’s petition for bankruptcy filed on June 5, 2013, and on that independent basis grants Rite Aid’s motion for partial judgment. Even if Plaintiff Had Standing, Her Claims Would Be Barred by Judicial Estoppel Even if plaintiff had standing to pursue her pre-petition claims, she is barred from asserting them on the separate independent ground of judicial estoppel. Plaintiff’s Case 2:15-cv-01727-MWF-JEM Document 32-3 Filed 11/21/16 Page 3 of 5 Page ID #:274 LEGAL_US_W # 87869711.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 ORDER GRANTING MTN FOR PRTL J. ON PLDGS OR, IN THE ALT., PRTL. S. J. U.S.D.C., C.D. Cal., No. CV 15-01727 MWF (JEMx) potential claims were not disclosed in the Chapter 7 bankruptcy, and no effort has been made to amend the bankruptcy schedules or reopen the bankruptcy case. Because plaintiff subsequently received a no-asset discharge of her community debt based on these misrepresentations, she is now judicially estopped from pursuing these claims. In the bankruptcy context, a party is judicially estopped from asserting a cause of action not disclosed or “otherwise mentioned in the debtor’s schedules or disclosure statements.” See Hamilton v. State Farm Fire & Cas. Co., 270 F.3d 778, 783 (9th Cir. 2001). Three factors generally inform the application of judicial estoppel: (1) whether “a party’s later position [is] ‘clearly inconsistent’ with its earlier position,” (2) “whether the party achieved success in the prior proceeding,” and (3) “whether, if not estopped, the party seeking to assert an inconsistent position would derive an unfair advantage or impose an unfair detriment on the other party.” Abercrombie & Fitch Co. v. Moose Creek, Inc., 486 F.3d 629, 633 (9th Cir. 2007) (citations omitted); see also New Hampshire v. Maine, 532 U.S. 742, 749-51 (2001). As plaintiff’s husband, Mr. Flores had an obligation to disclose all claims and potential claims constituting community property as assets of the bankruptcy estate. He failed to disclose plaintiff’s potential claims in his petition for bankruptcy in June 2013, and therefore represented that no such community property claims or potential claims existed. Based on these misrepresentations, which neither plaintiff nor Mr. Flores corrected, plaintiff obtained a no-asset discharge of community debt in January 2014. Neither plaintiff nor Mr. Flores has amended or reopened bankruptcy proceedings to correct the misrepresentation. Thus, all of the elements warranting application of judicial estoppel are present, and plaintiff has no grounds to avoid application of judicial estoppel. The fact that Mr. Flores filed for bankruptcy individually is immaterial. See Talosig v. U.S. Bank N.A., 2016 WL 632796 at *4 (E.D. Cal. Feb. 17, 2016). Therefore, failure to disclose plaintiff’s pre-petition claims to the Bankruptcy Court bars plaintiff’s pursuit of the claims as a matter of law under the doctrine of judicial estoppel, and grants Rite Aid’s motion for partial judgment on these independent Case 2:15-cv-01727-MWF-JEM Document 32-3 Filed 11/21/16 Page 4 of 5 Page ID #:275 LEGAL_US_W # 87869711.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 ORDER GRANTING MTN FOR PRTL J. ON PLDGS OR, IN THE ALT., PRTL. S. J. U.S.D.C., C.D. Cal., No. CV 15-01727 MWF (JEMx) grounds. Dated: December ___, 2016. ___________________________________ Hon. Michael W. Fitzgerald United States District Judge Case 2:15-cv-01727-MWF-JEM Document 32-3 Filed 11/21/16 Page 5 of 5 Page ID #:276