Sharp v. 3rd Group Properties, Llc. et al

MOTION for Summary Judgment with Brief In Support

N.D. Ga.November 23, 2016

FPDOCS 32401536.1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION WENDY SHARP Plaintiffs, v. 3RD GROUP PROPERTIES, LLC, ADP TOTALSOURCE, INC., ADP TOTALSOURCE CO XXI, INC., ALVARRO RAAD, and OLMAN MONGE BERROCAL, Defendants. ) ) ) ) CIVIL ACTION ) ) NO.: 1:16-CV-01288-RWS-JFK ) ) ) ) ) ) ) DEFENDANT 3RD GROUP PROPERTIES, LLC’S AND ADP TOTALSOURCE’S MOTION FOR SUMMARY JUDGMENT Defendant 3rd Group Properties, LLC (“3rd Group”), along with ADP TotalSource, Inc. and ADP TotalSource Co XXI, Inc. (collectively “ADP TotalSource”), by and through their undersigned counsel, and pursuant to Fed. R. Civ. P. 56 and Local Rule 56.1, hereby move the Court to enter summary judgment in their favor, dismissing this lawsuit in its entirety. In support of this Motion, Defendants submit their: (1) Statement of Undisputed Material Facts; and (2) Memorandum of Law in Support of Defendants’ Motion for Summary Judgment. As shown in more detail in the accompanying Memorandum, Plaintiff’s claims are judicially estopped. Plaintiff filed an EEOC charge against 3rd Group Case 1:16-cv-01288-RWS-JFK Document 54 Filed 11/23/16 Page 1 of 4 FPDOCS 32401536.1 2 and ADP TotalSource on February 20, 2015. While her charge was pending before the EEOC, she filed for bankruptcy protection, on October 12, 2015. Plaintiff did not disclose her claims against 3rd Group and ADP TotalSource in any bankruptcy filing, and, in fact, she swore under penalty of perjury that no such claims existed. Plaintiff was discharged from bankruptcy and relieved of her debts on February 23, 2016, and she filed the instant lawsuit shortly thereafter, on April 20, 2016. Under well-established law, Plaintiff is judicially estopped from asserting her claims arising out of her employment with 3rd Group because she has attempted to conceal those claims in her bankruptcy proceedings. Accordingly, Defendants respectfully request that the Court grant summary judgment on Plaintiff’s claims. This 23rd day of November, 2016. Respectfully submitted, /s/John W. Stapleton Michael P. Elkon Georgia Bar No. 243355 melkon@fisherphillips.com John W. Stapleton Georgia Bar No. 368790 jstapleton@fisherphillips.com FISHER & PHILLIPS LLP 1075 Peachtree Street, NE Suite 3500 Atlanta, Georgia 30309 Tel: 404-231-1400 Fax: 404-240-4249 Case 1:16-cv-01288-RWS-JFK Document 54 Filed 11/23/16 Page 2 of 4 FPDOCS 32401536.1 3 ATTORNEYS FOR DEFENDANT 3RD GROUP PROPERTIES, LLC /s Todd Van Dyke Christopher Todd Van Dyke Georgia Bar No. 723420 1155 Peachtree Street N.E., Suite 1000 Atlanta, GA 30309 Counsel for ADP Totalsource, Inc. & ADP Totalsource Co XXI, Inc. Case 1:16-cv-01288-RWS-JFK Document 54 Filed 11/23/16 Page 3 of 4 FPDOCS 32401536.1 4 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION WENDY SHARP Plaintiffs, v. 3RD GROUP PROPERTIES, LLC, ADP TOTALSOURCE, INC., ADP TOTALSOURCE CO XXI, INC., ALVARRO RAAD, and OLMAN MONGE BERROCAL, Defendants. ) ) ) ) CIVIL ACTION ) ) NO.: 1:16-CV-01288-RWS-JFK ) ) ) ) ) ) ) CERTIFICATE OF SERVICE I hereby certify that on this 23rd day of November 2016, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will automatically send e-mail notification of such filing to: J. Stephen Mixon Benton J. Mathis, Jr. Toby K. L. Morgan Amanda M. Cash MILLAR & MIXON, LLC FREEMAN MATHIS & GARY, LLP 1691 Phoenix Boulevard, Suite 150 100 Galleria Parkway, Suite 1600 Atlanta, Georgia 30349 Atlanta, Georgia 30339 /s/John W. Stapleton John W. Stapleton Case 1:16-cv-01288-RWS-JFK Document 54 Filed 11/23/16 Page 4 of 4 FPDOCS 32401515.1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION WENDY SHARP Plaintiffs, v. 3RD GROUP PROPERTIES, LLC, ADP TOTALSOURCE, INC., ADP TOTALSOURCE CO XXI, INC., ALVARRO RAAD, and OLMAN MONGE BERROCAL, Defendants. ) ) ) ) CIVIL ACTION ) ) NO.: 1:16-CV-01288-RWS-JFK ) ) ) ) ) ) ) DEFENDANT 3RD GROUP PROPERTIES, LLC’S AND ADP TOTALSOURCE’S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT Defendant 3rd Group Properties, LLC (“3rd Group”), along with ADP TotalSource, Inc. and ADP TotalSource Co XXI, Inc. (collectively “ADP TotalSource”), by and through their undersigned counsel, and pursuant to Fed. R. Civ. P. 56 and Local Rule 56.1, hereby submit this Memorandum of Law in Support of their Motion for Summary Judgment. I. INTRODUCTION As shown below, one need go no further than the pleadings in this case and the pleadings in Plaintiff’s bankruptcy case to see that Plaintiff’s claims are barred Case 1:16-cv-01288-RWS-JFK Document 54-1 Filed 11/23/16 Page 1 of 19 FPDOCS 32401515.1 2 by the doctrine of judicial estopped. Plaintiff filed an EEOC charge against 3rd Group and ADP TotalSource on February 20, 2015. While her charge was pending before the EEOC, she filed for bankruptcy protection, on October 12, 2015. Plaintiff did not disclose any claims arising out of her employment with 3rd Group in any bankruptcy filing, and, in fact, she swore under penalty of perjury that no such claims existed. Plaintiff received a bankruptcy discharge and relief from her debts on February 23, 2016, and she filed the instant lawsuit shortly thereafter, on April 20, 2016. Under on-point and controlling Eleventh Circuit law, Plaintiff’s claims are estopped and judgment should be entered against her. II. STATEMENT OF FACTS In setting out the facts below, Defendants accept Plaintiff’s allegations as true for purposes of this motion only. Because Plaintiff is not entitled to relief as a matter of law, even accepting her allegations as true, summary judgment should be granted. A. Plaintiff’s Employment and Termination. 3rd Group hired Plaintiff as a Community Manager in October 2014. (Dkt. No. 1, Compl., ¶ 25.) In January 2015, 3rd Group terminated Plaintiff’s employment for unsatisfactory performance. (Id., ¶¶ 51, 54.) On February 20, Case 1:16-cv-01288-RWS-JFK Document 54-1 Filed 11/23/16 Page 2 of 19 FPDOCS 32401515.1 3 2015, Plaintiff filed a charge with the Equal Employment Opportunity Commission alleging race discrimination, sexual harassment, and retaliation. (Id., ¶¶ 56-57; Id., Ex. A.) The EEOC issued a right-to-sue letter at Plaintiff’s request on January 25, 2016. (Id., ¶ 59; Id., Ex. B.) Plaintiff then filed this lawsuit on April 20, 2016. (See id.) The lawsuit alleges race discrimination, sexual harassment, and retaliation under federal law, and includes related state law claims for assault, battery, and negligent retention and supervision. (Id., ¶ 1.) Plaintiff seeks a range of monetary relief, including back pay, front pay, compensatory damages, punitive damages, and attorneys’ fees and costs. (Id.) B. Plaintiff Filed for Bankruptcy While Her EEOC Charge Was Pending, But Concealed Her Claims Against 3rd Group. Plaintiff filed for Chapter 7 bankruptcy relief on October 12, 2015, while her EEOC charge against 3rd Group and ADP TotalSource was pending before the EEOC. (Ex. A, Bankr. Pet.) Plaintiff was represented by an attorney in connection with her bankruptcy. (Id., p. 3.) Despite Plaintiff’s initial and ongoing obligation to disclose to the Bankruptcy Court her claims against 3rd Group and ADP TotalSource and related claims arising out of her employment with 3rd Group, she repeatedly failed to do so. In the Statement of Financial Affairs she filed with the Bankruptcy Court, Case 1:16-cv-01288-RWS-JFK Document 54-1 Filed 11/23/16 Page 3 of 19 FPDOCS 32401515.1 4 Plaintiff was required to “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.” (Id., p. 7.) In response to this directive, Plaintiff listed a pending debt collection lawsuit with Midland Funding LLC, but nothing else. (Id.) Plaintiff declared under penalty of perjury that the Statement of Financial Affairs was true and correct. (Id., p. 13.) She signed and filed this declaration on October 12, 2015. (Id.) Plaintiff never amended this statement. Plaintiff’s Schedule of Personal Property states: 21. [List] 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. In response, Plaintiff checked “None.” She made no mention of her claims arising out of her employment with 3rd Group. (Id., p. 16.) Plaintiff’s Schedule of Personal Property also states: 35. [List] Other personal property of any kind not already listed. In response, Plaintiff checked “none.” (Id., p. 17.) In connection with her Bankruptcy filing, Plaintiff also signed and submitted a “Declaration Concerning Debtor’s Schedules.” (Id., p. 33.) That Declaration states: Case 1:16-cv-01288-RWS-JFK Document 54-1 Filed 11/23/16 Page 4 of 19 FPDOCS 32401515.1 5 I declare under penalty of perjury that I have read the foregoing summary and schedules, consisting of 18 sheets, and that they are true and correct to the best of my knowledge, information, and belief. (Id.) No document filed in Plaintiff’s bankruptcy case at any time indicated the existence of any potential claim arising out of her employment with 3rd Group. 1 Further, Plaintiff did not disclose her bankruptcy proceeding in response to Defendant 3rd Group’s Interrogatory No. 3, which requests: “If you have ever filed for bankruptcy, state the type of bankruptcy petition filed, i.e., Chapter 7 or 13, the court in which it was filed, the date it was filed, and its current status or resolution.” Instead, Plaintiff responded: “Plaintiff objects to the disclosure of such confidential financial information in the absence of a protective order.” (Ex. B, Plf.’s Interrog. Resp.)2 Contrary to Plaintiff’s declarations under oath, the Petition and Schedules she submitted to the Bankruptcy Court were not true and correct. Plaintiff did not disclose her claims arising out of her employment with 3rd Group, even though she had an EEOC Charge pending against 3rd Group and ADP TotalSource. On 1 This is not Plaintiff’s first encounter with bankruptcy. She also filed for bankruptcy in the Northern District of Georgia in 2007, Case No. 1:07-bk-75702. 2 As Plaintiff’s counsel is no doubt aware, bankruptcy filings are public records that do not require the entry of a protective order. Plaintiff’s evasive response – received by 3rd Group 65 days after the request was served – evidences Plaintiff’s intent to benefit from her concealment and avoid the application of judicial estoppel. Case 1:16-cv-01288-RWS-JFK Document 54-1 Filed 11/23/16 Page 5 of 19 FPDOCS 32401515.1 6 February 23, 2016, Plaintiff was discharged from bankruptcy and relieved of her debts. (Ex. C, Order of Discharge.) Plaintiff filed the instant lawsuit less than two months later, on April 20, 2016, with her creditors none the wiser that Plaintiff was simultaneously claiming that she had undisclosed assets in the form of entitlement to back pay, compensatory damages, attorneys’ fees, and other relief. III. LEGAL ARGUMENT A. Summary Judgment Standard. A party may move for summary judgment at any time until 30 days after the close of all discovery. Fed. R. Civ. P. 56(a).3 The moving party is entitled to summary judgment as a matter of law if the record reveals that there is no genuine issue as to any material fact. "Where the record, taken as a whole, could not lead a rational trier of fact to find for the non-moving party, there is no genuine issue for trial." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986). “Only disputes over the facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment. Factual disputes that are irrelevant or unnecessary will not be counted.” Anderson v. Liberty Lobby Inc., 477 U.S. 242, 248 (1986). Furthermore, summary judgment is mandated upon proper motion against the party who fails to make a sufficient 3 Defendants reserve the right to file additional motions, as appropriate, at the Case 1:16-cv-01288-RWS-JFK Document 54-1 Filed 11/23/16 Page 6 of 19 FPDOCS 32401515.1 7 showing to establish the existence of an essential element to the party's case, and on which the party will bear the burden of proof at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986).4 In the instant case, there are no issues of material fact. Defendants accept as true for purposes of this motion Plaintiff's version of events. Even accepting every single one of Plaintiff’s allegations as true, under the doctrine of judicial estoppel, summary judgment is warranted on all claims. Such claims are barred and must be dismissed because of Plaintiff’s failure to disclose her claims to the Bankruptcy Court. B. Plaintiff’s Claims are Barred by the Doctrine of Judicial Estoppel and Must Be Dismissed Because She Concealed Those Claims from the Bankruptcy Court and her Creditors. The Bankruptcy Code required Plaintiff to provide, as part of her bankruptcy filing, “a list of creditors, and unless the court orders otherwise, a schedule of assets and liabilities, a schedule of current income and current expenditures, and a statement of the debtor’s financial affairs.” 11 U.S.C. § 521(1). The schedule of assets must include as assets “all legal and equitable interests of the debtor in conclusion of discovery, to the extent that this motion is not dispositive. 4 This Court has held that summary judgment is appropriate on judicial estoppel grounds where no discovery has been taken. Carter v. Hartford Fire Ins. Co., No. 1:11-CV-04008-TWT, 2012 WL 4888533, at *3 (N.D. Ga. Sept. 17, 2012) (“[N]o discovery is needed to resolve the judicial estoppel issue”). Case 1:16-cv-01288-RWS-JFK Document 54-1 Filed 11/23/16 Page 7 of 19 FPDOCS 32401515.1 8 property as of the commencement of the case.” 11 U.S.C. § 541(a)(1). Plaintiff did not comply with this law, and thus this case is estopped and should be dismissed. Recent and controlling decisions by the Eleventh Circuit – Slater v. U.S. Steel Corp., No. 12-15548, 2016 WL 723012 (11th Cir. Feb. 24, 2016), D'Antignac v. Deere & Co., 604 F. App’x 875, 878 (11th Cir. 2015), Casanova v. Pre Solutions, Inc., 228 F. App’x 837, 841 (11th Cir. 2007), Barger v. City of Cartersville, 348 F.3d 1289, 1295 (11th Cir. 2003), and Burnes v. Pemco Aeroplex, Inc., 291 F.3d 1282, 1286 (11th Cir. 2002) – show that judicial estoppel requires dismissal of this lawsuit.5 5 The application of judicial estoppel for failing to reveal a claim in a bankruptcy filing is well-established. In addition to the Eleventh Circuit, the following circuits have endorsed the doctrine: • First, see, e.g., Payless Wholesale Distribs., Inc. v. Culver, 989 F.2d 570, 571 (1st Cir. 1993), cert. denied, 508 U.S. 1078 (1993); • Third, see, e.g., Krystal Cadillac-Oldsmobile GMC Truck, Inc. v. General Motors Corp., 337 F.3d 314 (3d Cir. 2003), cert. denied, 541 U.S. 1043 (2004); • Fifth, see, e.g., In re Coastal Plains, Inc., 179 F.3d 197, 205 (5th Cir. 1999); • Seventh, see, e.g., Cannon-Stokes v. Potter, 453 F.3d 446, 448 (7th Cir. 2006), cert. denied, ___ U.S. ____, 127 S.Ct. 838 (2006); • Eighth, see, e.g., United States ex rel. Gebert v. Transport Administrative Services, 260 F.3d 909, 917-19 (8th Cir. 2001); • Ninth, see, e.g., Hamilton v. State Farm Fire and Casualty Company, 270 F.3d 778, 782-83 (9th Cir. 2001). In fact, as Judge Posner noted in Cannon-Stokes, every circuit court that has Case 1:16-cv-01288-RWS-JFK Document 54-1 Filed 11/23/16 Page 8 of 19 FPDOCS 32401515.1 9 For example, in Burnes, the plaintiff filed for Chapter 13 bankruptcy and stated in his petition that he was not a party to any lawsuits. 291 F.3d at 1284. Then, sometime later, he filed a discrimination suit against his former employer. Id. The plaintiff never amended his bankruptcy petition to reflect the after-filed lawsuit. Id. In affirming the application of judicial estoppel to bar the plaintiff’s claims, the Burnes court enumerated two factors that should be considered before invoking judicial estoppel: (1) “it must be shown that the allegedly inconsistent positions were made under oath . . .”; and (2) “such inconsistencies must be shown to have been calculated to make a mockery of the judicial system.” Id. at 1285. In Burnes (as in the instant case), there was no debate that the statements to the bankruptcy court were made under oath. Id. at 1286. Therefore, the court explained, the issue turned on the plaintiff’s intent. Id. The Burnes court then determined that “intentional manipulation” could be inferred because the plaintiff: (1) knew of his lawsuit during the bankruptcy proceedings; and (2) stood to gain from the concealment of his claims and therefore had a motive to hide them from the bankruptcy court.6 Id. at 1287-88. The court in Burnes therefore concluded that considered the issue has endorsed bankruptcy estoppel. 453 F.3d at 448. 6 Defendant is not required to produce direct evidence of Plaintiff’s intent. “In the bankruptcy-disclosure context, a court may infer an intent to conceal if the party Case 1:16-cv-01288-RWS-JFK Document 54-1 Filed 11/23/16 Page 9 of 19 FPDOCS 32401515.1 10 judicial estoppel barred the plaintiff from pursuing his lawsuit. Id. at 1289. Barger presented a similar situation, and again the Eleventh Circuit reached the same result. The plaintiff in Barger filed a discrimination suit requesting injunctive relief that would restore her to a position from which she was demoted. 348 F.3d at 1291. Then she filed for Chapter 7 bankruptcy. Id. The plaintiff did not disclose her discrimination suit to the bankruptcy court. Id. She then amended her discrimination lawsuit to seek compensatory and punitive damages. Id. Although the plaintiff orally informed her attorney and the bankruptcy trustee about the employment discrimination suit, she never amended her bankruptcy filings to reflect the employment discrimination claim. Id. The Barger court concluded that judicial estoppel prevented the plaintiff from pursuing her employment discrimination claim. Id. In so holding, the court reiterated: The rule for this Circuit [is] that judicial estoppel bars a plaintiff from asserting claims previously undisclosed to the bankruptcy court where the plaintiff both knew about the undisclosed claims and had a motive to conceal them from the bankruptcy court. Id. at 1296 (quotation marks and citation omitted); see also D'Antignac v. Deere & Co., 604 F. App’x 875, 878 (11th Cir. 2015) (affirming summary judgment where knew about the undisclosed claims and had a motive for concealing them.” Carter v. Hartford Fire Ins. Co., No. 1:11-CV-04008-TWT, 2012 WL 4888533, at *3 (N.D. Ga. Sept. 17, 2012) report and recommendation adopted, No. 1:11-CV- 4008-TWT, 2012 WL 4888537 (N.D. Ga. Oct. 12, 2012). Case 1:16-cv-01288-RWS-JFK Document 54-1 Filed 11/23/16 Page 10 of 19 FPDOCS 32401515.1 11 judicial estoppel barred debtor from asserting race discrimination claim against her employer); Carter v. Hartford Fire Ins. Co., No. 1:11-CV-04008-TWT, 2012 WL 4888533, at *3 (N.D. Ga. Sept. 17, 2012) (holding that claims raised in plaintiff’s EEOC charges were barred by judicial estoppel because she failed to disclose those claims in a bankruptcy proceeding). Earlier this year, the Eleventh Circuit revisited its holdings in Burnes and Barger in a similar scenario where the plaintiff failed to disclose a pending lawsuit against his employer to the bankruptcy court. See Slater v. U.S. Steel Corp., No. 12-15548, 2016 WL 723012 (11th Cir. Feb. 24, 2016). Applying Burnes and Barger, the Eleventh Circuit held that the district court correctly applied Eleventh Circuit precedent to dismiss the plaintiff’s claims on the basis of judicial estoppel. Id. Here, as in both Burnes and Barger, there is no question that Plaintiff filed bankruptcy disclosures under oath. It also is clear that, as in Burnes and Barger, Plaintiff’s conduct establishes the requisite intent. Plaintiff was aware of her employment action at the time she filed for bankruptcy. Indeed, she filed her Chapter 7 bankruptcy action while her EEOC charge was pending, yet she failed to reveal any claims arising out of her employment with 3rd Group in her filings. See Casanova v. Pre Solutions, Inc, 228 Fed. Appx. 837, 840-841 (11th Cir. 2007) Case 1:16-cv-01288-RWS-JFK Document 54-1 Filed 11/23/16 Page 11 of 19 FPDOCS 32401515.1 12 (bankruptcy debtor must disclose “all potential causes of action existing at the time [she] files for bankruptcy”). Plaintiff’s concealment of her employment-related claims is particularly egregious given that she disclosed a debt collection lawsuit to the Bankruptcy Court, and thus indisputably knew she was required to disclose her claims against Defendants. Further, the EEOC issued a right-to-sue letter on January 25, 2016, just one month before Plaintiff was discharged from bankruptcy and relieved of her debts. Notably, the right-to-sue letter was issued at Plaintiff’s request, evidencing her intent to pursue her claims in federal court. Still, Plaintiff never amended her bankruptcy filings to reflect her claims against Defendants. Shortly after receiving her discharge, Plaintiff filed the instant lawsuit, seeking back pay, front pay, compensatory damages, punitive damages, and attorneys’ fees and costs. D'Antignac, 604 F. App’x at 878 (by failing to amend her asset schedule to include claims raised in her employment discrimination lawsuit, the plaintiff-debtor represented that she had no legal claims to the bankruptcy court while simultaneously pursuing her legal claim against her employer in the district court . . . . Both actions were ‘taken under oath,’ and were ‘clearly inconsistent’ with one another”). Plaintiff also stood to gain by concealing her claims from the Bankruptcy Court. Plaintiff had the same motive for concealing her claims as the plaintiffs in Case 1:16-cv-01288-RWS-JFK Document 54-1 Filed 11/23/16 Page 12 of 19 FPDOCS 32401515.1 13 Burnes and Barger: to keep the proceeds of her employment discrimination lawsuit from becoming part of her bankruptcy estate so that she could enjoy them while her creditors were left in the cold. See Barger, 348 F.3d at 1296; Burnes, 291 F.3d at 1287; see also D'Antignac, 604 F. App'x at 879 (finding that plaintiff “had a motive to make the inconsistent statements—namely, that if she did not disclose the [discrimination] claims to the bankruptcy court, she could keep all the proceeds if she won her suit against [defendant]”); Carter, 2012 WL 4888533, at *3 (inferring plaintiff’s intent to conceal claims where she failed to reveal claims raised in EEOC charges and was able to obtain a “no asset” discharge under Chapter 7). Plaintiff sought relief of her debts through a discharge from the Bankruptcy Court, while simultaneously claiming that she was owed back pay, front pack, compensatory damages, punitive damages, and attorney’s fees. Plaintiff cannot, however, have it both ways. By failing to disclose her claims against Defendants in her bankruptcy proceeding, Plaintiff is estopped from asserting those claims here. Plaintiff’s claims must be dismissed. C. Any Belated Amendment of Plaintiff’s Bankruptcy Filing Cannot Save Her Claims from Being Barred by Judicial Estoppel. Now that she has been caught in her deception, Plaintiff (like many plaintiffs before her) may attempt to amend her bankruptcy filings to reveal her claims in Case 1:16-cv-01288-RWS-JFK Document 54-1 Filed 11/23/16 Page 13 of 19 FPDOCS 32401515.1 14 this lawsuit in the hope that a tardy amendment will somehow forestall estoppel. It will not. As with other aspects of this case, the Eleventh Circuit has previously considered and rejected the notion that a plaintiff can defeat judicial estoppel simply by amending her bankruptcy filings to disclose a lawsuit/asset previously concealed from the Bankruptcy Court after the plaintiff has been caught in her deception. For example, in Burnes, the plaintiff moved to reopen his bankruptcy estate to add the after-filed suit when the defendant filed a motion to dismiss. 291 F.3d at 1287-88. The Eleventh Circuit rejected this ploy, finding the tardy amendment to be evidence of improper motive because it confirmed that the plaintiff understood that disclosing the lawsuit would have affected the bankruptcy proceeding. Id. (“Allowing [a debtor] to back-up, re-open the bankruptcy case, and amend his bankruptcy filings, only after his omission has been challenged by an adversary, suggests that a debtor should consider disclosing potential assets only if he is caught concealing them. This so-called remedy would only diminish the necessary incentive to provide the bankruptcy court with a truthful disclosure of the debtor's assets”); see also Slater v. U.S. Steel Corp., No. 12-15548, 2016 WL 723012 (11th Cir. Feb. 24, 2016) (affirming trial court’s dismissal of the plaintiff’s employment discrimination claim even though the plaintiff amended her Case 1:16-cv-01288-RWS-JFK Document 54-1 Filed 11/23/16 Page 14 of 19 FPDOCS 32401515.1 15 bankruptcy petition to disclose her employment claim after the defendant moved for dismissal). Similarly, Plaintiff’s tardy amendment here – should she attempt such – would be a tacit admission that Plaintiff acknowledges that her earlier bankruptcy submissions were improper. Plaintiff’s failure to disclose her claims arising out of her employment with 3rd Group in her bankruptcy proceeding cannot be cured. Plaintiff’s claims must be dismissed. IV. CONCLUSION “It is a generally recognized proposition that one cannot play ‘fast and loose with the courts.’” Payless Wholesale Distribs., Inc. v. Culver, 989 F.2d 570, 571 (1st Cir. 1993) (dismissing case because of bankruptcy estoppel). Indeed, the Court of Appeals in Payless raised the principle of judicial estoppel sua sponte in affirming the district court’s dismissal of the case, commenting that: The basic principle of bankruptcy is to obtain a discharge from one’s creditors in return for all one’s assets, except those exempt, as a result of which the creditors release their own claims and the bankrupt can start fresh. Assuming there is validity in [plaintiff]’s present suit, it has a better plan. Conceal your claims; get rid of your creditors on the cheap, and start over with a bundle of rights. This is a palpable fraud that the court will not tolerate, even passively. Payless, 989 F.2d at 571 (emphasis added). Case 1:16-cv-01288-RWS-JFK Document 54-1 Filed 11/23/16 Page 15 of 19 FPDOCS 32401515.1 16 Plaintiff is judicially estopped from asserting her claims arising out of her employment with 3rd Group because she has attempted to conceal those claims in her bankruptcy proceedings. 3rd Group and ADP TotalSource respectfully request that the Court grant summary judgment against Plaintiff on all of her claims, and award 3rd Group and ADP TotalSource their costs incurred in defending this action, including reasonable attorneys’ fees. This 23rd day of November, 2016. Respectfully submitted, /s/John W. Stapleton Michael P. Elkon Georgia Bar No. 243355 melkon@fisherphillips.com John W. Stapleton Georgia Bar No. 368790 jstapleton@fisherphillips.com FISHER & PHILLIPS LLP 1075 Peachtree Street, NE Suite 3500 Atlanta, Georgia 30309 Tel: 404-231-1400 Fax: 404-240-4249 ATTORNEYS FOR DEFENDANT 3RD GROUP PROPERTIES, LLC /s Todd Van Dyke Christopher Todd Van Dyke Georgia Bar No. 723420 Case 1:16-cv-01288-RWS-JFK Document 54-1 Filed 11/23/16 Page 16 of 19 FPDOCS 32401515.1 17 1155 Peachtree Street N.E., Suite 1000 Atlanta, GA 30309 Counsel for ADP Totalsource, Inc. & ADP Totalsource Co XXI, Inc. Case 1:16-cv-01288-RWS-JFK Document 54-1 Filed 11/23/16 Page 17 of 19 FPDOCS 32401515.1 18 CERTIFICATION AS TO FONT Pursuant to N.D. Ga. Local Rule 7.1 D, I hereby certify that this document is submitted in Times Roman 14 point type as required by N.D. Ga. Local Rule 5.1. This 23rd day of November, 2016. /s/ John W. Stapleton John W. Stapleton Case 1:16-cv-01288-RWS-JFK Document 54-1 Filed 11/23/16 Page 18 of 19 FPDOCS 32401515.1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION WENDY SHARP Plaintiffs, v. 3RD GROUP PROPERTIES, LLC, ADP TOTALSOURCE, INC., ADP TOTALSOURCE CO XXI, INC., ALVARRO RAAD, and OLMAN MONGE BERROCAL, Defendants. ) ) ) ) CIVIL ACTION ) ) NO.: 1:16-CV-01288-RWS-JFK ) ) ) ) ) ) ) CERTIFICATE OF SERVICE I hereby certify that on this 23rd day of November 2016, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will automatically send e-mail notification of such filing to: J. Stephen Mixon Benton J. Mathis, Jr. Toby K. L. Morgan Amanda M. Cash MILLAR & MIXON, LLC FREEMAN MATHIS & GARY, LLP 1691 Phoenix Boulevard, Suite 150 100 Galleria Parkway, Suite 1600 Atlanta, Georgia 30349 Atlanta, Georgia 30339 /s/John W. Stapleton John W. Stapleton Case 1:16-cv-01288-RWS-JFK Document 54-1 Filed 11/23/16 Page 19 of 19 FPDOCS 32401476.1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION WENDY SHARP Plaintiffs, v. 3RD GROUP PROPERTIES, LLC, ADP TOTALSOURCE, INC., ADP TOTALSOURCE CO XXI, INC., ALVARRO RAAD, and OLMAN MONGE BERROCAL, Defendants. ) ) ) ) CIVIL ACTION ) ) NO.: 1:16-CV-01288-RWS-JFK ) ) ) ) ) ) ) STATEMENT OF UNDISPUTED MATERIAL FACTS Pursuant to Local Rule 56.1, Defendant 3rd Group Properties, LLC (“3rd Group”), along with ADP TotalSource, Inc. and ADP TotalSource Co XXI, Inc. (collectively “ADP TotalSource”), submit the following Statement of Undisputed Material Facts to which there is no genuine issue to be tried: 1. 3rd Group hired Plaintiff Wendy Sharp (“Plaintiff”) as a Community Manager in October 2014. (Dkt. No. 1, Compl., ¶ 25.) 2. In January 2015, 3rd Group terminated Plaintiff’s employment for unsatisfactory performance. (Id., ¶¶ 51, 54.) 3. Plaintiff filed a charge of discrimination with the Equal Employment Case 1:16-cv-01288-RWS-JFK Document 54-2 Filed 11/23/16 Page 1 of 6 FPDOCS 32401476.1 2 Opportunity Commission on February 20, 2015 against 3rd Group and ADP TotalSource. (Id., ¶ 56; Id., Ex. A.) 4. While her EEOC charge was pending, Plaintiff filed for Chapter 7 bankruptcy relief, on October 12, 2015. (See Ex. A, Bankr. Pet.) 5. Plaintiff was represented by an attorney in connection with her bankruptcy. (Ex. A, p. 3.) 6. In the Statement of Financial Affairs Plaintiff filed with the Bankruptcy Court, Plaintiff was required to “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.” (Ex. A, p. 7.) While Plaintiff disclosed a debt collection lawsuit with Midland Funding LLC, she failed to identify her employment-related claims in this case. (Id.) Plaintiff declared under penalty of perjury that the Statement of Financial Affairs was true and correct. (Id., p. 13.) She signed and filed this declaration on October 12, 2015. (Id.) 7. Plaintiff’s Schedule of Personal Property states: 21. [List] 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. In response, Plaintiff checked “none.” She made no mention of her claims against 3rd Group. (Ex. A, p. 16.) Case 1:16-cv-01288-RWS-JFK Document 54-2 Filed 11/23/16 Page 2 of 6 FPDOCS 32401476.1 3 8. Plaintiff’s Schedule of Personal Property also states: 35. [List] Other personal property of any kind not already listed. In response, Plaintiff checked “none.” (Ex. A, p. 17.) 9. Plaintiff also signed and submitted a “Declaration Concerning Debtor’s Schedules,” which states: I declare under penalty of perjury that I have read the foregoing summary and schedules, consisting of 18 sheets, and that they are true and correct to the best of my knowledge, information, and belief. (Ex. A, p. 33.) 10. The EEOC issued a Notice of Right to Sue letter on January 25, 2016. (Dkt. No. 1, ¶ 59; Id., Ex. B.) 11. Approximately one month later, on February 23, 2016, Plaintiff was discharged from bankruptcy, and relieved of her debts. (Ex. C, Order of Discharge.) 12. Plaintiff filed this lawsuit in the United States District Court for the Northern District of Georgia on April 20, 2016. (See Dkt. No. 1.) 13. Plaintiff’s Complaint seeks a variety of forms of monetary relief, including “back pay, front pay, compensatory damages, punitive damages and attorney’s fees and costs.” (Dkt. No. 1, ¶ 1.) 14. Plaintiff did not disclose her bankruptcy proceeding in response to Defendant 3rd Group’s Interrogatory No. 3, which requests: “If you have ever filed Case 1:16-cv-01288-RWS-JFK Document 54-2 Filed 11/23/16 Page 3 of 6 FPDOCS 32401476.1 4 for bankruptcy, state the type of bankruptcy petition filed, i.e., Chapter 7 or 13, the court in which it was filed, the date it was filed, and its current status or resolution.” (Ex. B, Plf.’s Interrog. Resp.) Instead, Plaintiff responded: “Plaintiff objects to the disclosure of such confidential financial information in the absence of a protective order.” (Id.) This 23rd day of November, 2016. Respectfully submitted, /s/John W. Stapleton Michael P. Elkon Georgia Bar No. 243355 melkon@fisherphillips.com John W. Stapleton Georgia Bar No. 368790 jstapleton@fisherphillips.com FISHER & PHILLIPS LLP 1075 Peachtree Street, NE Suite 3500 Atlanta, Georgia 30309 Tel: 404-231-1400 Fax: 404-240-4249 ATTORNEYS FOR DEFENDANT 3RD GROUP PROPERTIES, LLC /s Todd Van Dyke Christopher Todd Van Dyke Georgia Bar No. 723420 1155 Peachtree Street N.E., Suite 1000 Atlanta, GA 30309 Case 1:16-cv-01288-RWS-JFK Document 54-2 Filed 11/23/16 Page 4 of 6 FPDOCS 32401476.1 5 Counsel for ADP Totalsource, Inc. & ADP Totalsource Co XXI, Inc. Case 1:16-cv-01288-RWS-JFK Document 54-2 Filed 11/23/16 Page 5 of 6 FPDOCS 32401476.1 6 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION WENDY SHARP Plaintiffs, v. 3RD GROUP PROPERTIES, LLC, ADP TOTALSOURCE, INC., ADP TOTALSOURCE CO XXI, INC., ALVARRO RAAD, and OLMAN MONGE BERROCAL, Defendants. ) ) ) ) CIVIL ACTION ) ) NO.: 1:16-CV-01288-RWS-JFK ) ) ) ) ) ) ) CERTIFICATE OF SERVICE I hereby certify that on this 23rd day of November 2016, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will automatically send e-mail notification of such filing to: J. Stephen Mixon Benton J. Mathis, Jr. Toby K. L. Morgan Amanda M. Cash MILLAR & MIXON, LLC FREEMAN MATHIS & GARY, LLP 1691 Phoenix Boulevard, Suite 150 100 Galleria Parkway, Suite 1600 Atlanta, Georgia 30349 Atlanta, Georgia 30339 /s/John W. Stapleton John W. Stapleton Case 1:16-cv-01288-RWS-JFK Document 54-2 Filed 11/23/16 Page 6 of 6 }bk1{Form .VluntayPei B1 (Official Form 1)(04/13) United States Bankruptcy Court Voluntary Petition Name of Debtor (if individual, enter Last, First, Middle): All Other Names used by the Debtor in the last 8 years (include married, maiden, and trade names): Last four digits of Soc. Sec. or Individual-Taxpayer I.D. (ITIN)/Complete EIN (if more than one, state all) Street Address of Debtor (No. and Street, City, and State): County of Residence or of the Principal Place of Business: Mailing Address of Debtor (if different from street address): Location of Principal Assets of Business Debtor (if different from street address above): Name of Joint Debtor (Spouse) (Last, First, Middle): All Other Names used by the Joint Debtor in the last 8 years (include married, maiden, and trade names): Last four digits of Soc. Sec. or Individual-Taxpayer I.D. (ITIN) No./Complete EIN (if more than one, state all) Street Address of Joint Debtor (No. and Street, City, and State): County of Residence or of the Principal Place of Business: Mailing Address of Joint Debtor (if different from street address): ZIP Code ZIP Code ZIP Code ZIP Code Type of Debtor (Form of Organization) (Check one box) Individual (includes Joint Debtors) See Exhibit D on page 2 of this form. Corporation (includes LLC and LLP) Partnership Other (If debtor is not one of the above entities, check this box and state type of entity below.) Chapter 15 Debtors Country of debtor's center of main interests: Each country in which a foreign proceeding by, regarding, or against debtor is pending: Filing Fee (Check one box) Full Filing Fee attached Filing Fee to be paid in installments (applicable to individuals only). Must attach signed application for the court's consideration certifying that the debtor is unable to pay fee except in installments. Rule 1006(b). See Official Form 3A. Filing Fee waiver requested (applicable to chapter 7 individuals only). Must attach signed application for the court's consideration. See Official Form 3B. Nature of Business (Check one box) Health Care Business Single Asset Real Estate as defined in 11 U.S.C. § 101 (51B) Railroad Stockbroker Commodity Broker Clearing Bank Other Tax-Exempt Entity (Check box, if applicable) Debtor is a tax-exempt organization under Title 26 of the United States Code (the Internal Revenue Code). Chapter of Bankruptcy Code Under Which the Petition is Filed (Check one box) Chapter 7 Chapter 9 Chapter 11 Chapter 12 Chapter 13 Chapter 15 Petition for Recognition of a Foreign Main Proceeding Chapter 15 Petition for Recognition of a Foreign Nonmain Proceeding Nature of Debts (Check one box) Debts are primarily consumer debts, Debts are primarily defined in 11 U.S.C. § 101(8) as business debts. "incurred by an individual primarily for a personal, family, or household purpose." Chapter 11 DebtorsCheck one box: Debtor is a small business debtor as defined in 11 U.S.C. § 101(51D). Debtor is not a small business debtor as defined in 11 U.S.C. § 101(51D). Check if: Debtor’s aggregate noncontingent liquidated debts (excluding debts owed to insiders or affiliates) are less than $2,490,925 (amount subject to adjustment on 4/01/16 and every three years thereafter). Check all applicable boxes: A plan is being filed with this petition. Acceptances of the plan were solicited prepetition from one or more classes of creditors, in accordance with 11 U.S.C. § 1126(b). THIS SPACE IS FOR COURT USE ONLYStatistical/Administrative Information Debtor estimates that funds will be available for distribution to unsecured creditors. Debtor estimates that, after any exempt property is excluded and administrative expenses paid, there will be no funds available for distribution to unsecured creditors. Estimated Number of Creditors 1- 50- 100- 200- 1,000- 5,001- 10,001- 25,001- 50,001- OVER 49 99 199 999 5,000 10,000 25,000 50,000 100,000 100,000 Estimated Assets $0 to $50,001 to $100,001 to $500,001 $1,000,001 $10,000,001 $50,000,001 $100,000,001 $500,000,001 More than $50,000 $100,000 $500,000 to $1 to $10 to $50 to $100 to $500 to $1 billion $1 billion million million million million million Estimated Liabilities $0 to $50,001 to $100,001 to $500,001 $1,000,001 $10,000,001 $50,000,001 $100,000,001 $500,000,001 More than $50,000 $100,000 $500,000 to $1 to $10 to $50 to $100 to $500 to $1 billion $1 billion million million million million million NORTHERN DISTRICT OF GEORGIA - ATLANTA DIVISION Sharp, Wendy Lee AKA Wendy L Sharp Fulton Case 15-69688-pwb Doc 1 Filed 10/12/15 Entered 10/12/15 13:19:51 Desc Main Document Page 1 of 37 Case 1:16-cv-01288-RWS-JFK Document 54-3 Filed 11/23/16 Page 1 of 37 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) Sharp, Wendy Lee Northern District of Georgia - Atlanta Division 1:07-bk-75702 9/28/07 - None - October 12, 2015/s/ Darren Hojnacki, GA Bar No. Darren Hojnacki, GA Bar No. 100206 Case 15-69688-pwb Doc 1 Filed 10/12/15 Entered 10/12/15 13:19:51 Desc Main Document Page 2 of 37 Case 1:16-cv-01288-RWS-JFK Document 54-3 Filed 11/23/16 Page 2 of 37 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. Sharp, Wendy Lee /s/ Wendy Lee Sharp Wendy Lee Sharp October 12, 2015 /s/ Darren Hojnacki, GA Bar No. Darren Hojnacki, GA Bar No. 100206 Clark & Washington, L.L.C. 3300 Northeast Expressway Building 3 Atlanta, GA 30341 Email: cworders@cw13.com 770-488-9338 Fax: 770-220-0685 October 12, 2015 Case 15-69688-pwb Doc 1 Filed 10/12/15 Entered 10/12/15 13:19:51 Desc Main Document Page 3 of 37 Case 1:16-cv-01288-RWS-JFK Document 54-3 Filed 11/23/16 Page 3 of 37 B 1D (Official Form 1, Exhibit D) (12/09) United States Bankruptcy Court NORTHERN DISTRICT OF GEORGIA - ATLANTA DIVISION In re Wendy Lee Sharp 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) 1996-2014 Best Case, LLC - www.bestcase.com Best Case Bankruptcy Case 15-69688-pwb Doc 1 Filed 10/12/15 Entered 10/12/15 13:19:51 Desc Main Document Page 4 of 37 Case 1:16-cv-01288-RWS-JFK Document 54-3 Filed 11/23/16 Page 4 of 37 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/ Wendy Lee Sharp Wendy Lee Sharp Date: October 12, 2015 Software Copyright (c) 1996-2014 Best Case, LLC - www.bestcase.com Best Case Bankruptcy Case 15-69688-pwb Doc 1 Filed 10/12/15 Entered 10/12/15 13:19:51 Desc Main Document Page 5 of 37 Case 1:16-cv-01288-RWS-JFK Document 54-3 Filed 11/23/16 Page 5 of 37 B7 (Official Form 7) (04/13) United States Bankruptcy Court NORTHERN DISTRICT OF GEORGIA - ATLANTA DIVISION In re Wendy Lee Sharp 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 $4,583.00 2015 YTD: Employment Income $46,000.00 2014: Employment Income $46,000.00 2013: Employment Income 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 $11,880.00 2015 YTD: Unemployment Income Software Copyright (c) 1996-2014 Best Case, LLC - www.bestcase.com Best Case Bankruptcy Case 15-69688-pwb Doc 1 Filed 10/12/15 Entered 10/12/15 13:19:51 Desc Main Document Page 6 of 37 Case 1:16-cv-01288-RWS-JFK Document 54-3 Filed 11/23/16 Page 6 of 37 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 Exeter Finance Corp 222 Las Colina S Blvd W Irving, TX 75039 09/2015 -$354 08/2015 -$354 07/2015 -$354 $1,062.00 $16,000.00 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 Midland Funding LLC vs Wendy Sharp 15MS006642 Civil Suit In The Magistrate Court of Fulton County, State of Georgia 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 * 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) 1996-2014 Best Case, LLC - www.bestcase.com Best Case Bankruptcy Case 15-69688-pwb Doc 1 Filed 10/12/15 Entered 10/12/15 13:19:51 Desc Main Document Page 7 of 37 Case 1:16-cv-01288-RWS-JFK Document 54-3 Filed 11/23/16 Page 7 of 37 B7 (Official Form 7) (04/13) 3 None 5. Repossessions, foreclosures and returns List all property that has been repossessed by a creditor, sold at a foreclosure sale, transferred through a deed in lieu of foreclosure or returned to the seller, within one year immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning property of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF CREDITOR OR SELLER DATE OF REPOSSESSION, FORECLOSURE SALE, TRANSFER OR RETURN DESCRIPTION AND VALUE OF PROPERTY None 6. Assignments and receiverships a. Describe any assignment of property for the benefit of creditors made within 120 days immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include any assignment by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF ASSIGNEE DATE OF ASSIGNMENT TERMS OF ASSIGNMENT OR SETTLEMENT None b. List all property which has been in the hands of a custodian, receiver, or court-appointed official within one year immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning property of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF CUSTODIAN NAME AND LOCATION OF COURT CASE TITLE & NUMBER DATE OF ORDER DESCRIPTION AND VALUE OF PROPERTY None 7. Gifts List all gifts or charitable contributions made within one year immediately preceding the commencement of this case except ordinary and usual gifts to family members aggregating less than $200 in value per individual family member and charitable contributions aggregating less than $100 per recipient. (Married debtors filing under chapter 12 or chapter 13 must include gifts or contributions by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF PERSON OR ORGANIZATION RELATIONSHIP TO DEBTOR, IF ANY DATE OF GIFT DESCRIPTION AND VALUE OF GIFT None 8. Losses List all losses from fire, theft, other casualty or gambling within one year immediately preceding the commencement of this case or since the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include losses by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) DESCRIPTION AND VALUE OF PROPERTY DESCRIPTION OF CIRCUMSTANCES AND, IF LOSS WAS COVERED IN WHOLE OR IN PART BY INSURANCE, GIVE PARTICULARS DATE OF LOSS None 9. Payments related to debt counseling or bankruptcy List all payments made or property transferred by or on behalf of the debtor to any persons, including attorneys, for consultation concerning debt consolidation, relief under the bankruptcy law or preparation of the petition in bankruptcy within one year immediately preceding the commencement of this case. NAME AND ADDRESS OF PAYEE DATE OF PAYMENT, NAME OF PAYER IF OTHER THAN DEBTOR AMOUNT OF MONEY OR DESCRIPTION AND VALUE OF PROPERTY Clark & Washington, L.L.C. 3300 Northeast Expressway Building 3 Atlanta, GA 30341 10/2015 $335 Court Filing Fees Software Copyright (c) 1996-2014 Best Case, LLC - www.bestcase.com Best Case Bankruptcy Case 15-69688-pwb Doc 1 Filed 10/12/15 Entered 10/12/15 13:19:51 Desc Main Document Page 8 of 37 Case 1:16-cv-01288-RWS-JFK Document 54-3 Filed 11/23/16 Page 8 of 37 B7 (Official Form 7) (04/13) 4 NAME AND ADDRESS OF PAYEE DATE OF PAYMENT, NAME OF PAYER IF OTHER THAN DEBTOR AMOUNT OF MONEY OR DESCRIPTION AND VALUE OF PROPERTY CIN Legal Services Box 88229 Milwaukee, WI 53288-0229 10/2015 $55.00 CIN Legal Bundle (CLR/CC/DE) 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 Allen Vigil Ford 6790 Mount Zion Morrow, GA 30260 n/a 12/2014 2007 Jeep Liberty used for trade-in on the ford escape. $8500 None b. List all property transferred by the debtor within ten years immediately preceding the commencement of this case to a self-settled trust or similar device of which the debtor is a beneficiary. NAME OF TRUST OR OTHER DEVICE DATE(S) OF TRANSFER(S) AMOUNT OF MONEY OR DESCRIPTION AND VALUE OF PROPERTY OR DEBTOR'S INTEREST IN PROPERTY None 11. Closed financial accounts List all financial accounts and instruments held in the name of the debtor or for the benefit of the debtor which were closed, sold, or otherwise transferred within one year immediately preceding the commencement of this case. Include checking, savings, or other financial accounts, certificates of deposit, or other instruments; shares and share accounts held in banks, credit unions, pension funds, cooperatives, associations, brokerage houses and other financial institutions. (Married debtors filing under chapter 12 or chapter 13 must include information concerning accounts or instruments held by or for either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF INSTITUTION TYPE OF ACCOUNT, LAST FOUR DIGITS OF ACCOUNT NUMBER, AND AMOUNT OF FINAL BALANCE AMOUNT AND DATE OF SALE OR CLOSING None 12. Safe deposit boxes List each safe deposit or other box or depository in which the debtor has or had securities, cash, or other valuables within one year immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include boxes or depositories of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF BANK OR OTHER DEPOSITORY NAMES AND ADDRESSES OF THOSE WITH ACCESS TO BOX OR DEPOSITORY DESCRIPTION OF CONTENTS DATE OF TRANSFER OR SURRENDER, IF ANY None 13. Setoffs List all setoffs made by any creditor, including a bank, against a debt or deposit of the debtor within 90 days preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF CREDITOR DATE OF SETOFF AMOUNT OF SETOFF Software Copyright (c) 1996-2014 Best Case, LLC - www.bestcase.com Best Case Bankruptcy Case 15-69688-pwb Doc 1 Filed 10/12/15 Entered 10/12/15 13:19:51 Desc Main Document Page 9 of 37 Case 1:16-cv-01288-RWS-JFK Document 54-3 Filed 11/23/16 Page 9 of 37 B7 (Official Form 7) (04/13) 5 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 None 16. Spouses and Former Spouses If the debtor resides or resided in a community property state, commonwealth, or territory (including Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Puerto Rico, Texas, Washington, or Wisconsin) within eight years immediately preceding the commencement of the case, identify the name of the debtor’s spouse and of any former spouse who resides or resided with the debtor in the community property state. NAME 17. Environmental Information. For the purpose of this question, the following definitions apply: "Environmental Law" means any federal, state, or local statute or regulation regulating pollution, contamination, releases of hazardous or toxic substances, wastes or material into the air, land, soil, surface water, groundwater, or other medium, including, but not limited to, statutes or regulations regulating the cleanup of these substances, wastes, or material. "Site" means any location, facility, or property as defined under any Environmental Law, whether or not presently or formerly owned or operated by the debtor, including, but not limited to, disposal sites. "Hazardous Material" means anything defined as a hazardous waste, hazardous substance, toxic substance, hazardous material, pollutant, or contaminant or similar term under an Environmental Law None a. List the name and address of every site for which the debtor has received notice in writing by a governmental unit that it may be liable or potentially liable under or in violation of an Environmental Law. Indicate the governmental unit, the date of the notice, and, if known, the Environmental Law: SITE NAME AND ADDRESS NAME AND ADDRESS OF GOVERNMENTAL UNIT DATE OF NOTICE ENVIRONMENTAL LAW None b. List the name and address of every site for which the debtor provided notice to a governmental unit of a release of Hazardous Material. Indicate the governmental unit to which the notice was sent and the date of the notice. SITE NAME AND ADDRESS NAME AND ADDRESS OF GOVERNMENTAL UNIT DATE OF NOTICE ENVIRONMENTAL LAW None c. List all judicial or administrative proceedings, including settlements or orders, under any Environmental Law with respect to which the debtor is or was a party. Indicate the name and address of the governmental unit that is or was a party to the proceeding, and the docket number. NAME AND ADDRESS OF GOVERNMENTAL UNIT DOCKET NUMBER STATUS OR DISPOSITION Software Copyright (c) 1996-2014 Best Case, LLC - www.bestcase.com Best Case Bankruptcy Case 15-69688-pwb Doc 1 Filed 10/12/15 Entered 10/12/15 13:19:51 Desc Main Document Page 10 of 37 Case 1:16-cv-01288-RWS-JFK Document 54-3 Filed 1 23/ 6 Page 10 of 37 B7 (Official Form 7) (04/13) 6 None 18 . Nature, location and name of business a. If the debtor is an individual, list the names, addresses, taxpayer identification numbers, nature of the businesses, and beginning and ending dates of all businesses in which the debtor was an officer, director, partner, or managing executive of a corporation, partner in a partnership, sole proprietor, or was self-employed in a trade, profession, or other activity either full- or part-time within six years immediately preceding the commencement of this case, or in which the debtor owned 5 percent or more of the voting or equity securities within six years immediately preceding the commencement of this case. If the debtor is a partnership, list the names, addresses, taxpayer identification numbers, nature of the businesses, and beginning and ending dates of all businesses in which the debtor was a partner or owned 5 percent or more of the voting or equity securities, within six years immediately preceding the commencement of this case. If the debtor is a corporation, list the names, addresses, taxpayer identification numbers, nature of the businesses, and beginning and ending dates of all businesses in which the debtor was a partner or owned 5 percent or more of the voting or equity securities within six years immediately preceding the commencement of this case. NAME LAST FOUR DIGITS OF SOCIAL-SECURITY OR OTHER INDIVIDUAL TAXPAYER-I.D. NO. (ITIN)/ COMPLETE EIN ADDRESS NATURE OF BUSINESS BEGINNING AND ENDING DATES None b. Identify any business listed in response to subdivision a., above, that is "single asset real estate" as defined in 11 U.S.C. § 101. NAME ADDRESS 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. 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 Software Copyright (c) 1996-2014 Best Case, LLC - www.bestcase.com Best Case Bankruptcy Case 15-69688-pwb Doc 1 Filed 10/12/15 Entered 10/12/15 13:19:51 Desc Main Document Page 11 of 37 Case 1:16-cv-01288-RWS-JFK Document 54-3 Filed 1 23/ 6 Page 11 of 37 B7 (Official Form 7) (04/13) 7 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 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) Software Copyright (c) 1996-2014 Best Case, LLC - www.bestcase.com Best Case Bankruptcy Case 15-69688-pwb Doc 1 Filed 10/12/15 Entered 10/12/15 13:19:51 Desc Main Document Page 12 of 37 Case 1:16-cv-01288-RWS-JFK Document 54-3 Filed 1 23/ 6 Page 12 of 37 B7 (Official Form 7) (04/13) 8 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 October 12, 2015 Signature /s/ Wendy Lee Sharp Wendy Lee Sharp 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) 1996-2014 Best Case, LLC - www.bestcase.com Best Case Bankruptcy Case 15-69688-pwb Doc 1 Filed 10/12/15 Entered 10/12/15 13:19:51 Desc Main Document Page 13 of 37 Case 1:16-cv-01288-RWS-JFK Document 54-3 Filed 1 23/ 6 Page 13 of 37 }bk1{Schedul A-RaPropty In re , Debtor Case No.Wendy Lee Sharp 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) 1996-2014 - Best Case, LLC - www.bestcase.com Best Case Bankruptcy 0 None - 0.00 0.00 Sub-Total > (Total of this page)0.00 Total > (Report also on Summary of Schedules) 0.00 Case 15-69688-pwb Doc 1 Filed 10/12/15 Entered 10/12/15 13:19:51 Desc Main Document Page 14 of 37 Case 1:16-cv-01288-RWS-JFK Document 54-3 Filed 1 23/ 6 Page 14 of 37 }bk1{Schedul B-Prsonapty In re , Debtor Case No.Wendy Lee Sharp 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) 1996-2014 - Best Case, LLC - www.bestcase.com Best Case Bankruptcy 2 1. Cash on hand Cash - 100.00 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. Wells Fargo - Checking Account - 390.00 3. Security deposits with public utilities, telephone companies, landlords, and others. Security Deposit with Lanlord - 1,200.00 4. Household goods and furnishings, including audio, video, and computer equipment. 1 LR, 1 DR, W/D, All major kitchen appliances, 3 BR, 4 TVS, Lap-Top, Printer - 1,950.00 5. Books, pictures and other art objects, antiques, stamp, coin, record, tape, compact disc, and other collections or collectibles. X 6. Wearing apparel. Clothes - 150.00 7. Furs and jewelry. Costume Jewerly - 125.00 8. Firearms and sports, photographic, and other hobby equipment. X 9. Interests in insurance policies. Name insurance company of each policy and itemize surrender or refund value of each. X 10. Annuities. Itemize and name each issuer. X Sub-Total > (Total of this page) 3,915.00 Case 15-69688-pwb Doc 1 Filed 10/12/15 Entered 10/12/15 13:19:51 Desc Main Document Page 15 of 37 Case 1:16-cv-01288-RWS-JFK Document 54-3 Filed 1 23/ 6 Page 15 of 37 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) 1996-2014 - Best Case, LLC - www.bestcase.com Best Case Bankruptcy In re , Debtor Case No.Wendy Lee Sharp 11. Interests in an education IRA as defined in 26 U.S.C. § 530(b)(1) or under a qualified State tuition plan as defined in 26 U.S.C. § 529(b)(1). Give particulars. (File separately the record(s) of any such interest(s). 11 U.S.C. § 521(c).) X 12. Interests in IRA, ERISA, Keogh, or other pension or profit sharing plans. Give particulars. X 13. Stock and interests in incorporated and unincorporated businesses. Itemize. X 14. Interests in partnerships or joint ventures. Itemize. X 15. Government and corporate bonds and other negotiable and nonnegotiable instruments. X 16. Accounts receivable. X 17. Alimony, maintenance, support, and property settlements to which the debtor is or may be entitled. Give particulars. X 18. Other liquidated debts owed to debtor including tax refunds. Give particulars. X 19. Equitable or future interests, life estates, and rights or powers exercisable for the benefit of the debtor other than those listed in Schedule A - Real Property. X 20. Contingent and noncontingent interests in estate of a decedent, death benefit plan, life insurance policy, or trust. X 21. Other contingent and unliquidated claims of every nature, including tax refunds, counterclaims of the debtor, and rights to setoff claims. Give estimated value of each. X Sub-Total > (Total of this page) 0.00 1 2 Case 15-69688-pwb Doc 1 Filed 10/12/15 Entered 10/12/15 13:19:51 Desc Main Document Page 16 of 37 Case 1:16-cv-01288-RWS-JFK Document 54-3 Filed 1 23/ 6 Page 16 of 37 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) 1996-2014 - Best Case, LLC - www.bestcase.com Best Case Bankruptcy In re , Debtor Case No.Wendy Lee Sharp 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. 2013 Ford Escape - 14,625.00 2007 Chevy Trail Blazer - 4,500.00 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. 2 Cats - 50.00 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) 19,175.00 2 2 Total > (Report also on Summary of Schedules) 23,090.00 Case 15-69688-pwb Doc 1 Filed 10/12/15 Entered 10/12/15 13:19:51 Desc Main Document Page 17 of 37 Case 1:16-cv-01288-RWS-JFK Document 54-3 Filed 1 23/ 6 Page 17 of 37 }bk1{Schedul C-ProptyaimsEx In re , Debtor Case No.Wendy Lee Sharp 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) 1996-2014 - Best Case, LLC - www.bestcase.com Best Case Bankruptcy 0 Cash on Hand Cash 100.00O.C.G.A. § 44-13-100(a)(6) 100.00 Checking, Savings, or Other Financial Accounts, Certificates of Deposit Wells Fargo - Checking Account 390.00O.C.G.A. § 44-13-100(a)(6) 390.00 Security Deposits with Utilities, Landlords, and Others Security Deposit with Lanlord 1,200.00O.C.G.A. § 44-13-100(a)(6) 1,200.00 Household Goods and Furnishings 1 LR, 1 DR, W/D, All major kitchen appliances, 3 BR, 4 TVS, Lap-Top, Printer 1,950.00O.C.G.A. § 44-13-100(a)(4) 1,950.00 Wearing Apparel Clothes 150.00O.C.G.A. § 44-13-100(a)(4) 150.00 Furs and Jewelry Costume Jewerly 125.00O.C.G.A. § 44-13-100(a)(5) 125.00 Automobiles, Trucks, Trailers, and Other Vehicles 2013 Ford Escape 14,625.00O.C.G.A. § 44-13-100(a)(3) 0.00 2007 Chevy Trail Blazer 4,500.00O.C.G.A. § 44-13-100(a)(3) 4,500.00 Animals 2 Cats 50.00O.C.G.A. § 44-13-100(a)(4) 50.00 Total: 8,465.00 23,090.00 Case 15-69688-pwb Doc 1 Filed 10/12/15 Entered 10/12/15 13:19:51 Desc Main Document Page 18 of 37 Case 1:16-cv-01288-RWS-JFK Document 54-3 Filed 1 23/ 6 Page 18 of 37 }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) 1996-2014 - Best Case, LLC - www.bestcase.com Best Case Bankruptcy In re , Debtor Case No.Wendy Lee Sharp 0 Title lien 2013 Ford EscapeExeter Finance Corp 222 Las Colina S Blvd W Irving, TX 75039 - 16,000.00 1,375.0014,625.00 16,000.00 1,375.00 16,000.00 1,375.00Total (Report on Summary of Schedules) Case 15-69688-pwb Doc 1 Filed 10/12/15 Entered 10/12/15 13:19:51 Desc Main Document Page 19 of 37 Case 1:16-cv-01288-RWS-JFK Document 54-3 Filed 1 23/ 6 Page 19 of 37 }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) 1996-2014 - Best Case, LLC - www.bestcase.com Best Case Bankruptcy In re , Debtor Case No.Wendy Lee Sharp 0 Case 15-69688-pwb Doc 1 Filed 10/12/15 Entered 10/12/15 13:19:51 Desc Main Document Page 20 of 37 Case 1:16-cv-01288-RWS-JFK Document 54-3 Filed 1 23/ 6 Page 20 of 37 }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:36359-150508 SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS Software Copyright (c) 1996-2014 - Best Case, LLC - www.bestcase.com Best Case Bankruptcy In re , Debtor Case No.Wendy Lee Sharp 2 Opened 11/01/09 Last Active 9/01/13 Credit Card Capital One Attn: Bankruptcy Po Box 30285 Salt Lake City, UT 84130 - 1,969.00 Opened 2/01/09 Last Active 8/01/13 Credit Card First Premier Bank 601 S Minnesota Ave Sioux Falls, SD 57104 - 652.00 Opened 5/01/08 Last Active 8/01/13 Credit Card First Premier Bank 3820 N Louise Ave Sioux Falls, SD 57107 - 539.00 Collections Hidden Colony Apartments 3373 Aztec Road Atlanta, GA 30340 - 3,350.00 6,510.00 Case 15-69688-pwb Doc 1 Filed 10/12/15 Entered 10/12/15 13:19:51 Desc Main Document Page 21 of 37 Case 1:16-cv-01288-RWS-JFK Document 54-3 Filed 1 23/ 6 Page 21 of 37 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) 1996-2014 - Best Case, LLC - www.bestcase.com Best Case Bankruptcy In re , Debtor Case No.Wendy Lee Sharp Opened 9/01/10 Last Active 10/01/13 Charge Account Kohls/capital One N56 W 17000 Ridgewood Dr Menomonee Falls, WI 53051 - 589.00 Pending Lawsuit Midland Funding c/o Frederick Hanna & Assoc 1427 Roswell Road Marietta, GA 30062 - 2,698.41 Opened 5/01/14 Last Active 6/01/13 Factoring Company Account Citibank N.A. Midland Funding 2365 Northside Dr Ste 30 San Diego, CA 92108 - 2,698.00 Opened 3/01/15 Collection Attorney Comer Family Dentistry Inc Pdq Services Inc 700 Churchill Ct. Suite 200 Woodstock, GA 30188 - 128.00 Opened 2/01/15 Last Active 1/01/13 Factoring Company Account Citibank N.A. Portfolio Recovery Attn: Bankruptcy Po Box 41067 Norfolk, VA 23541 - 7,677.00 13,790.41 1 2 Case 15-69688-pwb Doc 1 Filed 10/12/15 Entered 10/12/15 13:19:51 Desc Main Document Page 22 of 37 Case 1:16-cv-01288-RWS-JFK Document 54-3 Filed 1 23/ 6 Page 22 of 37 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) 1996-2014 - Best Case, LLC - www.bestcase.com Best Case Bankruptcy In re , Debtor Case No.Wendy Lee Sharp Opened 5/01/15 Last Active 9/01/13 Factoring Company Account Hsbc Bank Nevada N.A.Portfolio Recovery Attn: Bankruptcy Po Box 41067 Norfolk, VA 23541 - 1,202.00 Opened 12/01/12 Last Active 5/01/12 Medical Debt Rural Metro - North Georgia Revenue Recovery Corp 7005 Middlebrook Pike Knoxville, TN 37950 - 951.00 Opened 11/01/10 Last Active 10/01/13 Credit Card Target Credit Card (TC) C/O Financial & Retail Services Mailstop BT P.O. Box 9475 Minneapolis, MN 55440 - 458.00 2,611.00 2 2 22,911.41 Total (Report on Summary of Schedules) Case 15-69688-pwb Doc 1 Filed 10/12/15 Entered 10/12/15 13:19:51 Desc Main Document Page 23 of 37 Case 1:16-cv-01288-RWS-JFK Document 54-3 Filed 1 23/ 6 Page 23 of 37 }bk1{Schedul G-ExtoryCnasUpiL In re , Debtor Case No.Wendy Lee Sharp 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) 1996-2014 - Best Case, LLC - www.bestcase.com Best Case Bankruptcy 0 Case 15-69688-pwb Doc 1 Filed 10/12/15 Entered 10/12/15 13:19:51 Desc Main Document Page 24 of 37 Case 1:16-cv-01288-RWS-JFK Document 54-3 Filed 1 23/ 6 Page 24 of 37 }bk1{Schedul H-Cotrs In re , Debtor Case No.Wendy Lee Sharp 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) 1996-2014 - Best Case, LLC - www.bestcase.com Best Case Bankruptcy 0 Case 15-69688-pwb Doc 1 Filed 10/12/15 Entered 10/12/15 13:19:51 Desc Main Document Page 25 of 37 Case 1:16-cv-01288-RWS-JFK Document 54-3 Filed 1 23/ 6 Page 25 of 37 Fill in this information to identify your case: Debtor 1 Wendy Lee Sharp Debtor 2 (Spouse, if filing) United States Bankruptcy Court for the: NORTHERN DISTRICT OF GEORGIA - ATLANTA DIVISION Case number Check if this is: (If known) An amended filing A supplement showing post-petition chapter 13 income as of the following date: MM / DD/ YYYYOfficial Form B 6I Schedule I: Your Income 12/13 Be as complete and accurate as possible. If two married people are filing together (Debtor 1 and Debtor 2), both are equally responsible for supplying correct information. If you are married and not filing jointly, and your spouse is living with you, include information about your spouse. If you are separated and your spouse is not filing with you, do not include information about your spouse. If more space is needed, attach a separate sheet to this form. On the top of any additional pages, write your name and case number (if known). Answer every question. Part 1: Describe Employment 1. Fill in your employment information. Debtor 1 Debtor 2 or non-filing spouse If you have more than one job, attach a separate page with information about additional employers. Include part-time, seasonal, or self-employed work. Occupation may include student or homemaker, if it applies. Employment status Employed Not employed Employed Not employed Occupation Sr Advisor Employer's name Fickling Management Employer's address 3100 Lumby Drive Decatur, GA 30034 How long employed there? 1 month Part 2: Give Details About Monthly Income Estimate monthly income as of the date you file this form. If you have nothing to report for any line, write $0 in the space. Include your non-filing spouse unless you are separated. If you or your non-filing spouse have more than one employer, combine the information for all employers for that person on the lines below. If you need more space, attach a separate sheet to this form. For Debtor 1 For Debtor 2 or non-filing spouse 2. List monthly gross wages, salary, and commissions (before all payroll deductions). If not paid monthly, calculate what the monthly wage would be. 2. $ 4,583.00 $ N/A 3. Estimate and list monthly overtime pay. 3. +$ 0.00 +$ N/A 4. Calculate gross Income. Add line 2 + line 3. 4. $ 4,583.00 $ N/A Official Form B 6I Schedule I: Your Income page 1 Case 15-69688-pwb Doc 1 Filed 10/12/15 Entered 10/12/15 13:19:51 Desc Main Document Page 26 of 37 Case 1:16-cv-01288-RWS-JFK Document 54-3 Filed 1 23/ 6 Page 26 of 37 Debtor 1 Wendy Lee Sharp Case number (if known) For Debtor 1 For Debtor 2 or non-filing spouse Copy line 4 here 4. $ 4,583.00 $ N/A 5. List all payroll deductions: 5a. Tax, Medicare, and Social Security deductions 5a. $ 0.00 $ N/A 5b. Mandatory contributions for retirement plans 5b. $ 0.00 $ N/A 5c. Voluntary contributions for retirement plans 5c. $ 0.00 $ N/A 5d. Required repayments of retirement fund loans 5d. $ 0.00 $ N/A 5e. Insurance 5e. $ 0.00 $ N/A 5f. Domestic support obligations 5f. $ 0.00 $ N/A 5g. Union dues 5g. $ 0.00 $ N/A 5h. Other deductions. Specify: NO PAY STUBS 5h.+ $ 485.00 + $ N/A 6. Add the payroll deductions. Add lines 5a+5b+5c+5d+5e+5f+5g+5h. 6. $ 485.00 $ N/A 7. Calculate total monthly take-home pay. Subtract line 6 from line 4. 7. $ 4,098.00 $ N/A 8. List all other income regularly received: 8a. Net income from rental property and from operating a business, profession, or farm Attach a statement for each property and business showing gross receipts, ordinary and necessary business expenses, and the total monthly net income. 8a. $ 0.00 $ N/A 8b. Interest and dividends 8b. $ 0.00 $ N/A 8c. Family support payments that you, a non-filing spouse, or a dependent regularly receive Include alimony, spousal support, child support, maintenance, divorce settlement, and property settlement. 8c. $ 0.00 $ N/A 8d. Unemployment compensation 8d. $ 0.00 $ N/A 8e. Social Security 8e. $ 0.00 $ N/A 8f. Other government assistance that you regularly receive Include cash assistance and the value (if known) of any non-cash assistance that you receive, such as food stamps (benefits under the Supplemental Nutrition Assistance Program) or housing subsidies. Specify: 8f. $ 0.00 $ N/A 8g. Pension or retirement income 8g. $ 0.00 $ N/A 8h. Other monthly income. Specify: 8h.+ $ 0.00 + $ N/A 9. Add all other income. Add lines 8a+8b+8c+8d+8e+8f+8g+8h. 9. $ 0.00 $ N/A 10. Calculate monthly income. Add line 7 + line 9. 10. $ 4,098.00 + $ N/A = $ 4,098.00 Add the entries in line 10 for Debtor 1 and Debtor 2 or non-filing spouse. 11. State all other regular contributions to the expenses that you list in Schedule J. Include contributions from an unmarried partner, members of your household, your dependents, your roommates, and other friends or relatives. Do not include any amounts already included in lines 2-10 or amounts that are not available to pay expenses listed in Schedule J. Specify: 11. +$ 0.00 12. Add the amount in the last column of line 10 to the amount in line 11. The result is the combined monthly income. 12. $ 4,098.00 Write that amount on the Summary of Schedules and Statistical Summary of Certain Liabilities and Related Data, if it applies Combined monthly income 13. Do you expect an increase or decrease within the year after you file this form? No. Yes. Explain: Official Form B 6I Schedule I: Your Income page 2 Case 15-69688-pwb Doc 1 Filed 10/12/15 Entered 10/12/15 13:19:51 Desc Main Document Page 27 of 37 Case 1:16-cv-01288-RWS-JFK Document 54-3 Filed 1 23/ 6 Page 27 of 37 Fill in this information to identify your case: Debtor 1 Wendy Lee Sharp Check if this is: An amended filing Debtor 2 A supplement showing post-petition chapter 13 expenses as of the following date:(Spouse, if filing) United States Bankruptcy Court for the: NORTHERN DISTRICT OF GEORGIA - ATLANTA DIVISION MM / DD / YYYY Case number A separate filing for Debtor 2 because Debtor 2 maintains a separate household(If known) Official Form B 6J Schedule J: Your Expenses 12/13 Be as complete and accurate as possible. If two married people are filing together, both are equally responsible for supplying correct information. If more space is needed, attach another sheet to this form. On the top of any additional pages, write your name and case number (if known). Answer every question. Part 1: Describe Your Household 1. Is this a joint case? No. Go to line 2. Yes. Does Debtor 2 live in a separate household? No Yes. Debtor 2 must file a separate Schedule J. 2. Do you have dependents? No Do not list Debtor 1 and Debtor 2. Yes. Fill out this information foreach dependent.............. Dependent’s relationship to Debtor 1 or Debtor 2 Dependent’s age Does dependent live with you? Do not state the dependents' names. Daughter 15 No Yes Son 20 No Yes Son 21 No Yes No Yes 3. Do your expenses include expenses of people other than yourself and your dependents? No Yes Part 2: Estimate Your Ongoing Monthly Expenses Estimate your expenses as of your bankruptcy filing date unless you are using this form as a supplement in a Chapter 13 case to report expenses as of a date after the bankruptcy is filed. If this is a supplemental Schedule J, check the box at the top of the form and fill in the applicable date. Include expenses paid for with non-cash government assistance if you know the value of such assistance and have included it on Schedule I: Your Income (Official Form 6I.) Your expenses 4. The rental or home ownership expenses for your residence. Include first mortgage payments and any rent for the ground or lot. 4. $ 1,245.00 If not included in line 4: 4a. Real estate taxes 4a. $ 0.00 4b. Property, homeowner’s, or renter’s insurance 4b. $ 30.00 4c. Home maintenance, repair, and upkeep expenses 4c. $ 0.00 4d. Homeowner’s association or condominium dues 4d. $ 0.00 5. Additional mortgage payments for your residence, such as home equity loans 5. $ 0.00 Official Form B 6J Schedule J: Your Expenses page 1 Case 15-69688-pwb Doc 1 Filed 10/12/15 Entered 10/12/15 13:19:51 Desc Main Document Page 28 of 37 Case 1:16-cv-01288-RWS-JFK Document 54-3 Filed 1 23/ 6 Page 28 of 37 Debtor 1 Wendy Lee Sharp Case number (if known) 6. Utilities: 6a. Electricity, heat, natural gas 6a. $ 240.00 6b. Water, sewer, garbage collection 6b. $ 124.00 6c. Telephone, cell phone, Internet, satellite, and cable services 6c. $ 0.00 6d. Other. Specify: Cellular Phone 6d. $ 198.00 Cable/Internet $ 174.00 Trash $ 50.00 7. Food and housekeeping supplies 7. $ 650.00 8. Childcare and children’s education costs 8. $ 0.00 9. Clothing, laundry, and dry cleaning 9. $ 130.00 10. Personal care products and services 10. $ 143.00 11. Medical and dental expenses 11. $ 50.00 12. Transportation. Include gas, maintenance, bus or train fare. Do not include car payments. 12. $ 450.00 13. Entertainment, clubs, recreation, newspapers, magazines, and books 13. $ 0.00 14. Charitable contributions and religious donations 14. $ 100.00 15. Insurance. Do not include insurance deducted from your pay or included in lines 4 or 20. 15a. Life insurance 15a. $ 0.00 15b. Health insurance 15b. $ 0.00 15c. Vehicle insurance 15c. $ 160.00 15d. Other insurance. Specify: 15d. $ 0.00 16. Taxes. Do not include taxes deducted from your pay or included in lines 4 or 20. Specify: 16. $ 0.00 17. Installment or lease payments: 17a. Car payments for Vehicle 1 17a. $ 354.00 17b. Car payments for Vehicle 2 17b. $ 0.00 17c. Other. Specify: 17c. $ 0.00 17d. Other. Specify: 17d. $ 0.00 18. Your payments of alimony, maintenance, and support that you did not report as deducted from your pay on line 5, Schedule I, Your Income (Official Form 6I). 18. $ 0.00 19. Other payments you make to support others who do not live with you. $ 0.00 Specify: 19. 20. Other real property expenses not included in lines 4 or 5 of this form or on Schedule I: Your Income. 20a. Mortgages on other property 20a. $ 0.00 20b. Real estate taxes 20b. $ 0.00 20c. Property, homeowner’s, or renter’s insurance 20c. $ 0.00 20d. Maintenance, repair, and upkeep expenses 20d. $ 0.00 20e. Homeowner’s association or condominium dues 20e. $ 0.00 21. Other: Specify: 21. +$ 0.00 22. Your monthly expenses. Add lines 4 through 21. The result is your monthly expenses. 22. $ 4,098.00 23. Calculate your monthly net income. 23a. Copy line 12 (your combined monthly income) from Schedule I. 23a. $ 4,098.00 23b. Copy your monthly expenses from line 22 above. 23b. -$ 4,098.00 23c. Subtract your monthly expenses from your monthly income. The result is your monthly net income. 23c. $ 0.00 24. Do you expect an increase or decrease in your expenses within the year after you file this form? For example, do you expect to finish paying for your car loan within the year or do you expect your mortgage payment to increase or decrease because of a modification to the terms of your mortgage? No. Yes. Explain: Official Form B 6J Schedule J: Your Expenses page 2 Case 15-69688-pwb Doc 1 Filed 10/12/15 Entered 10/12/15 13:19:51 Desc Main Document Page 29 of 37 Case 1:16-cv-01288-RWS-JFK Document 54-3 Filed 1 23/ 6 Page 29 of 37 B8 (Form 8) (12/08) United States Bankruptcy Court NORTHERN DISTRICT OF GEORGIA - ATLANTA DIVISION In re Wendy Lee Sharp 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: Exeter Finance Corp Describe Property Securing Debt: 2013 Ford Escape 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 October 12, 2015 Signature /s/ Wendy Lee Sharp Wendy Lee Sharp Debtor Software Copyright (c) 1996-2014 Best Case, LLC - www.bestcase.com Best Case Bankruptcy Case 15-69688-pwb Doc 1 Filed 10/12/15 Entered 10/12/15 13:19:51 Desc Main Document Page 30 of 37 Case 1:16-cv-01288-RWS-JFK Document 54-3 Filed 1 23/ 6 Page 30 of 37 }bk1{Form 6.Suayfchedls United States Bankruptcy Court NORTHERN DISTRICT OF GEORGIA - ATLANTA DIVISION In re , Debtor Case No. Chapter 7 Wendy Lee Sharp B6 Summary (Official Form 6 - Summary) (12/14) 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) 1996-2014 - Best Case, LLC - www.bestcase.com Best Case Bankruptcy Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 1 0.00 3 23,090.00 1 16,000.001 0.001 22,911.413 1 1 2 4,098.00 2 4,098.00 16 23,090.00 38,911.41 Case 15-69688-pwb Doc 1 Filed 10/12/15 Entered 10/12/15 13:19:51 Desc Main Document Page 31 of 37 Case 1:16-cv-01288-RWS-JFK Document 54-3 Filed 1 23/ 6 Page 31 of 37 }bk1{Form 6.StaiscluyfCenLdRD United States Bankruptcy Court NORTHERN DISTRICT OF GEORGIA - ATLANTA DIVISION In re , Debtor Case No. Chapter 7 Wendy Lee Sharp B 6 Summary (Official Form 6 - Summary) (12/14) 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 12) Average Expenses (from Schedule J, Line 22) Current Monthly Income (from Form 22A-1 Line 11; OR, Form 22B Line 14; OR, Form 22C-1 Line 14 ) 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) 1996-2014 - Best Case, LLC - www.bestcase.com Best Case Bankruptcy 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,098.00 4,098.00 1,430.00 1,375.00 0.00 0.00 22,911.41 24,286.41 Case 15-69688-pwb Doc 1 Filed 10/12/15 Entered 10/12/15 13:19:51 Desc Main Document Page 32 of 37 Case 1:16-cv-01288-RWS-JFK Document 54-3 Filed 1 23/ 6 Page 32 of 37 B6 Declaration (Official Form 6 - Declaration). (12/07) United States Bankruptcy Court NORTHERN DISTRICT OF GEORGIA - ATLANTA DIVISION In re Wendy Lee Sharp 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 18 sheets, and that they are true and correct to the best of my knowledge, information, and belief. Date October 12, 2015 Signature /s/ Wendy Lee Sharp Wendy Lee Sharp 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) 1996-2014 Best Case, LLC - www.bestcase.com Best Case Bankruptcy Case 15-69688-pwb Doc 1 Filed 10/12/15 Entered 10/12/15 13:19:51 Desc Main Document Page 33 of 37 Case 1:16-cv-01288-RWS-JFK Document 54-3 Filed 1 23/ 6 Page 33 of 37 Fill in this information to identify your case: Check one box only as directed in this form and in Form 22A-1Supp: Debtor 1 Wendy Lee Sharp 1. There is no presumption of abuse 2. The calculation to determine if a presumption of abuse applies will be made under Chapter 7 Means Test Calculation (Official Form 22A-2). 3. The Means Test does not apply now because of qualified military service but it could apply later. Debtor 2 (Spouse, if filing) United States Bankruptcy Court for the: NORTHERN DISTRICT OF GEORGIA - ATLANTA DIVISION Case number (if known) Check if this is an amended filing Official Form 22A - 1 Chapter 7 Statement of Your Current Monthly Income 12/14 Be as complete and accurate as possible. If two married people are filing together, both are equally responsible for being accurate. If more space is needed, attach a separate sheet to this form. Include the line number to which the additional information applies. On the top of any additional pages, write your name and case number (if known). If you believe that you are exempted from a presumption of abuse because you do not have primarily consumer debts or because of qualifying military service, complete and file Statement of Exemption from Presumption of Abuse Under § 707(b)(2) (Official Form 22A-1Supp) with this form. Part 1: Calculate Your Current Monthly Income 1. What is your marital and filing status? Check one only. Not married. Fill out Column A, lines 2-11. Married and your spouse is filing with you. Fill out both Columns A and B, lines 2-11. Married and your spouse is NOT filing with you. You and your spouse are: Living in the same household and are not legally separated. Fill out both Columns A and B, lines 2-11. Living separately or are legally separated. fill out Column A, lines 2-11; do not fill out Column B. By checking this box, you declare under penalty of perjury that you and your spouse are legally separated under nonbankruptcy law that applies or that you and your spouse are living apart for reasons that do not include evading the Means Test requirements. 11 U.S.C § 707(b)(7)(B). Fill in the average monthly income that you received from all sources, derived during the 6 full months before you file this bankruptcy case. 11 U.S.C. § 101(10A). For example, if you are filing on September 15, the 6-month period would be March 1 through August 31. If the amount of your monthly income varied during the 6 months, add the income for all 6 months and divide the total by 6. Fill in the result. Do not include any income amount more than once. For example, if both spouses own the same rental property, put the income from that property in one column only. If you have nothing to report for any line, write $0 in the space. Column A Debtor 1 Column B Debtor 2 or non-filing spouse 2. Your gross wages, salary, tips, bonuses, overtime, and commissions (before all payroll deductions). $ 0.00 $ 3. Alimony and maintenance payments. Do not include payments from a spouse if Column B is filled in. $ 0.00 $ 4. All amounts from any source which are regularly paid for household expenses of you or your dependents, including child support. Include regular contributions from an unmarried partner, members of your household, your dependents, parents, and roommates. Include regular contributions from a spouse only if Column B is not filled in. Do not include payments you listed on line 3. $ 0.00 $ 5. Net income from operating a business, profession, or farm Gross receipts (before all deductions) $ 0.00 Ordinary and necessary operating expenses -$ 0.00 Net monthly income from a business, profession, or farm $ 0.00 Copy here -> $ 0.00 $ 6. Net income from rental and other real property Gross receipts (before all deductions) $ 0.00 Ordinary and necessary operating expenses -$ 0.00 Net monthly income from rental or other real property $ 0.00 Copy here -> $ 0.00 $ 7. Interest, dividends, and royalties $ 0.00 $ Official Form 22A-1 Chapter 7 Statement of Your Current Monthly Income page 1 Software Copyright (c) 1996-2014 Best Case, LLC - www.bestcase.com Best Case Bankruptcy Case 15-69688-pwb Doc 1 Filed 10/12/15 Entered 10/12/15 13:19:51 Desc Main Document Page 34 of 37 Case 1:16-cv-01288-RWS-JFK Document 54-3 Filed 1 23/ 6 Page 34 of 37 Debtor 1 Wendy Lee Sharp Case number (if known) Column A Debtor 1 Column B Debtor 2 or non-filing spouse 8. Unemployment compensation $ 1,430.00 $ Do not enter the amount if you contend that the amount received was a benefit under the Social Security Act. Instead, list it here: For you $ 0.00 For your spouse $ 9. Pension or retirement income. Do not include any amount received that was a benefit under the Social Security Act. $ 0.00 $ 10. Income from all other sources not listed above. Specify the source and amount. Do not include any benefits received under the Social Security Act or payments received as a victim of a war crime, a crime against humanity, or international or domestic terrorism. If necessary, list other sources on a separate page and put the total on line 10c. 10a. $ 0.00 $ 10b. $ 0.00 $ 10c. Total amounts from separate pages, if any. + $ 0.00 $ 11. Calculate your total current monthly income. Add lines 2 through 10 for each column. Then add the total for Column A to the total for Column B. $ 1,430.00 + $ = $ 1,430.00 Total current monthly income Part 2: Determine Whether the Means Test Applies to You 12. Calculate your current monthly income for the year. Follow these steps: 12a. Copy your total current monthly income from line 11 Copy line 11 here=> 12a. $ 1,430.00 Multiply by 12 (the number of months in a year) x 12 12b. The result is your annual income for this part of the form 12b. $ 17,160.00 13. Calculate the median family income that applies to you. Follow these steps: Fill in the state in which you live. GA Fill in the number of people in your household. 4 Fill in the median family income for your state and size of household. 13. $ 69,170.00 14. How do the lines compare? 14a. Line 12b is less than or equal to line 13. On the top of page 1, check box 1, There is no presumption of abuse. Go to Part 3. 14b. Line 12b is more than line 13. On the top of page 1, check box 2, The presumption of abuse is determined by Form 22A-2. Go to Part 3 and fill out Form 22A-2. Part 3: Sign Below By signing here, I declare under penalty of perjury that the information on this statement and in any attachments is true and correct. X /s/ Wendy Lee Sharp Wendy Lee Sharp Signature of Debtor 1 Date October 12, 2015 MM / DD / YYYY If you checked line 14a, do NOT fill out or file Form 22A-2. If you checked line 14b, fill out Form 22A-2 and file it with this form. Official Form 22A-1 Chapter 7 Statement of Your Current Monthly Income page 2 Software Copyright (c) 1996-2014 Best Case, LLC - www.bestcase.com Best Case Bankruptcy Case 15-69688-pwb Doc 1 Filed 10/12/15 Entered 10/12/15 13:19:51 Desc Main Document Page 35 of 37 Case 1:16-cv-01288-RWS-JFK Document 54-3 Filed 1 23/ 6 Page 35 of 37 }bk1{Credito AsMax Capital One Attn: Bankruptcy Po Box 30285 Salt Lake City, UT 84130 Exeter Finance Corp 222 Las Colina S Blvd W Irving, TX 75039 First Premier Bank 601 S Minnesota Ave Sioux Falls, SD 57104 First Premier Bank 3820 N Louise Ave Sioux Falls, SD 57107 Hidden Colony Apartments 3373 Aztec Road Atlanta, GA 30340 Kohls/capital One N56 W 17000 Ridgewood Dr Menomonee Falls, WI 53051 Midland Funding c/o Frederick Hanna & Assoc 1427 Roswell Road Marietta, GA 30062 Midland Funding 2365 Northside Dr Ste 30 San Diego, CA 92108 Pdq Services Inc 700 Churchill Ct. Suite 200 Woodstock, GA 30188 Portfolio Recovery Attn: Bankruptcy Po Box 41067 Norfolk, VA 23541 Case 15-69688-pwb Doc 1 Filed 10/12/15 Entered 10/12/15 13:19:51 Desc Main Document Page 36 of 37 Case 1:16-cv-01288-RWS-JFK Document 54-3 Filed 1 23/ 6 Page 36 of 37 Revenue Recovery Corp 7005 Middlebrook Pike Knoxville, TN 37950 Target Credit Card (TC) C/O Financial & Retail Services Mailstop BT P.O. Box 9475 Minneapolis, MN 55440 Case 15-69688-pwb Doc 1 Filed 10/12/15 Entered 10/12/15 13:19:51 Desc Main Document Page 37 of 37 Case 1:16-cv-01288-RWS-JFK Document 54-3 Filed 1 23/ 6 Page 37 of 37 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION WENDY SHARP, Plaintiff, v. 3RD GROUP PROPERTIES, LLC, ADP TOTALSOURCE, INC., ADP TOTALSOURCE CO XXI, INC. ALVARRO RAAD AND OLMAN MONGE BERROCAL Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 1:16-cv-01288-RWS-JFK PLAINTIFF’S RESPONSES TO DEFENDANT 3RD GROUP PROPERTIES, LLC’S FIRST REQUEST FOR INTERROGATORIES. COMES NOW Plaintiff Wendy Sharp by and through her undersigned attorney of record, and provides her Responses to Defendant, 3rd Group Properties, LLC’s (hereinafter “Defendant”, “Defendant Employer” or “3rd Group), First Request for Interrogatories to Plaintiff as follows: INTERROGATORIES INTERROGATORY NO. 1: Identify every employer, including yourself if you are or have been self- employed, for whom you have worked since 2010, and for each such employer state the following: your dates of employment, your position(s) or title(s), the name of your immediate supervisor, the pay and benefits you received, and the reason for your termination, layoff or resignation. Case 1:16-cv-01288-RWS-JFK Document 54-4 Filed 11/23/16 Page 1 of 9 2 Plaintiff’s Response: Blane Properties: September 2013 to Present, • Contract Property Manager Crescent Heights Management Company: March 2012 to August 2013, • Property Manager Universal Management: April 2003 to August 2013, • Property Manager/Leasing Agent—2003 to 2005 • Area Manager—2005 to 2008 • Senior Regional Manager—2008 to 2012 NOTE: Plaintiff asserts that attempting to subpoena Plaintiff’s current employer would be tantamount to harassment under FRCP Rule 26(c). Conrod v. Bank of New York, 1998 U.S. Dist. LEXIS 11634, 1998 WL 430546 (S.D.N.Y. July 28, 1998). INTERROGATORY NO. 2: Identify each employer (including military) with whom you have applied for employment or from whom you have sought employment during or after your employment with Defendant, and for each such employer, specify the date of each application and/or interview, the identity of the person to whom you submitted the application or with whom you had an interview, whether you received an offer of employment, whether you accepted that offer, and the rate of pay of and benefits offered with any job offers made. Plaintiff’s Response: Plaintiff objects to Interrogatory No. 2 to the extent that it is overly broad in scope and unduly burdensome. Subject to and without waiving the foregoing objections Plaintiff states that she applied to many jobs after employment with Defendant and does not remember each but generally applied for jobs online using Indeed and other online job search engines. Case 1:16-cv-01288-RWS-JFK Document 54-4 Filed 11/23/16 Page 2 of 9 3 INTERROGATORY NO. 3: If you have ever filed for bankruptcy, state the type of bankruptcy petition filed, i.e., Chapter 7 or 13, the court in which it was filed, the date it was filed, and its current status or resolution. Plaintiff’s Response: Plaintiff objects to the disclosure of such confidential financial information in the absence of a protective order. INTERROGATORY NO. 4: Identify all persons with whom you have communicated or contacted regarding your allegations in this action, when you communicated with or contacted them, and describe the substance of each communication. Plaintiff’s Response: Plaintiff objects to Request No. 4 to the extent that it seeks attorney-client communications and attorney work product, which are not subject to disclosure without the showing of substantial need and is extent that it is overly broad in scope and unduly burdensome. Subject to and without waiving the foregoing objections, Plaintiff has communicated with or contacted: Todd Chandler, Human Resources; Rebecca Brown, Regional Manager; Kari Caldwell, Regional Manager, Brian McFarlin, Contractor; Henry Gamble, Maintenance Supervisor; Alvarro Raad, Rehab Supervisor; Olman Monge, Maintenance Supervisor; Maxine, a temporary employee; and, Oscar Factory, a vendor, regarding the allegations in this action. Plaintiff communications were, or related to, complaints of race discrimination and/or sexual harassment. INTERROGATORY NO. 5: State whether you or any representative on your behalf has spoken with, obtained statements, reports, memoranda or recordings from any person regarding the facts of this case or the matters alleged in the Complaint. If the answer is yes, separately identify the individual author of each such statement, report, memorandum or recording; the person or persons to whom the statement, report, memorandum or recording was issued, distributed or otherwise provided; the present location and custodian of each such statement, report, memorandum or recording; the substance of each statement, report, memorandum or recording; and state the date each such statement, report, memorandum or recording was prepared by the person with knowledge of the allegations made in this action. Plaintiff’s Response: Plaintiff objects to Request No. 5 to the extent that it seeks Case 1:16-cv-01288-RWS-JFK Document 54-4 Filed 11/23/16 Page 3 of 9 4 attorney-client communications and attorney work product, which are not subject to disclosure without the showing of substantial, need. INTERROGATORY NO. 6: Identify each person whom you either know or believe has knowledge of any facts that support, discredit and/or relate to any of your claims or contentions, and for each such person, describe what facts each such person has. Plaintiff’s Response: Plaintiff objects to Interrogatory No. 6 to the extent that it seeks privileged attorney-client communications and attorney work product, which are not subject to disclosure without a showing of substantial, need. Plaintiff further objects to this interrogatory to the extent that it is overly broad in scope, unduly burdensome, and improperly requests a list of individuals having “knowledge of the facts or issues”. While Plaintiff believes the following individuals may have knowledge regarding the facts and issues involved in this action, Plaintiff cannot say definitively what knowledge these individuals have without speculating. Subject to and without waiving the foregoing objections, Plaintiff states that the following persons may have knowledge of any facts that support, discredit and/or relate to any of her claims of sexual harassment, race discrimination or retaliation: Todd Chandler, Human Resources; Rebecca Brown, Regional Manager; Kari Caldwell, Regional Manager, Brian McFarlin, Contractor; Henry Gamble, Maintenance Supervisor; Alvarro Raad, Rehab Supervisor; Olman Monge, Maintenance Supervisor; Maxine, a temporary employee; and, Oscar Factory, a vendor, regarding the allegations in this action.. INTERROGATORY NO. 7: Identify all documents (including any and all emails, text messages, etc.) and tangible items, objects, or things that support, discredit, refer to, and/or relate to your claims in this action. Include in your response whether anyone photographed, tape-recorded, videotaped, voice-recorded or otherwise recorded any conduct, communications, conversations or other activity relating to any of the facts or circumstances referred to in the Complaint and the present location of any such recording or photograph. Plaintiff’s Response: Plaintiff objects to Interrogatory No. 7 to the extent that it seeks privileged attorney-client communications and attorney work product, which are not subject to disclosure without a showing of substantial, need. Plaintiff Case 1:16-cv-01288-RWS-JFK Document 54-4 Filed 11/23/16 Page 4 of 9 5 further objects to this interrogatory to the extent that it is overly broad in scope, unduly burdensome, subject to and without waiving the foregoing objections, Plaintiff refers to all documents produced herewith. INTERROGATORY NO. 8: Identify all written and/or verbal complaints that Plaintiff made or contends were made on Plaintiff’s behalf regarding or relating to any of the allegations in the Complaint, including date of complaint and to whom made. Plaintiff’s Response: Plaintiff has made verbal complaints to: Todd Chandler, Human Resources; Rebecca Brown, Regional Manager; Kari Caldwell, Regional Manager, Brian McFarlin, Contractor; Henry Gamble, Maintenance Supervisor; Alvarro Raad, Rehab Supervisor; Olman Monge, Maintenance Supervisor; Maxine, a temporary employee; and, Oscar Factory, a vendor, regarding the allegations in this action. Plaintiff made complaints of race discrimination and sexual harassment. INTERROGATORY NO. 9: Identify all physicians (including psychiatrists), osteopaths, chiropractors, psychologists, counselors, therapists or other health professionals and each hospital, infirmary, sanitarium, nursing home, clinic or other institution or facility from which you sought and/or received treatment, advice, therapy or counseling during or after your employment with Defendant, including but not limited to, those you claim are relevant to this lawsuit, and for each, state what mental, emotional or physical illness, injury or condition you were treated, advised or counseled for; on what date or dates you were treated, advised, or counseled; what diagnosis or prognosis was given; what the result of the treatment was; and whether you still suffer from the illness, injury or condition. Plaintiff’s Response: Plaintiff objects to the disclosure of confidential medical information in the absence of a mutually agreeable protective order. INTERROGATORY NO. 10: If you have ever received psychological, psychiatric, alcohol, drug, marriage or mental counseling/treatment (other than as already identified in the above Interrogatory) within the last five years, identify all persons and/or institutions Case 1:16-cv-01288-RWS-JFK Document 54-4 Filed 11/23/16 Page 5 of 9 6 (including addresses and telephone numbers) providing such counseling/treatment, state the dates such counseling/treatment was received, and identify the primary conditions/factors for which counseling/treatment was sought. Plaintiff’s Response: Plaintiff objects to the disclosure of confidential medical information in the absence of a mutually agreeable protective order. INTERROGATORY NO. 11: For each element of damages that you claim from Defendant, please provide a full description of the item or element of damages, the amount of each item or element of damages, the components of each item or element of damages, how you calculate each component or element of damages, and a description of any and all documents which you contend supports your claim for such damages. Plaintiff’s Response: Plaintiff refers Defendant to Attachment “D” of Plaintiff’s Initial Disclosures. INTERROGATORY NO. 12: State every source of income you have had during and after your employment with Defendant, setting forth the amount of income from each source and the dates received, including but not limited to income received through employment, self-employment, federal, state or other government assistance (including social security, disability benefits, other benefits, unemployment compensation), insurance and/or private or charitable donations. Plaintiff’s Response: Plaintiff objects to Interrogatory No. 12 to the extent that it is overly broad in scope and unduly burdensome and further objects to the disclosure of confidential financial information in the absence of a mutually agreeable protective order. INTERROGATORY NO. 13: If you have ever been involved in any other legal action (including but not limited to mediations, lawsuits, demands, arbitrations, administrative proceedings, bankruptcy and divorce), as a plaintiff, defendant, witness, debtor, or in any other capacity, identify the title and case number of each action, the name of the court or administrative agency in which the action was filed, the date the action was initiated, the resolution or status of the action and a general description of the Case 1:16-cv-01288-RWS-JFK Document 54-4 Filed 11/23/16 Page 6 of 9 7 subject matter of the action. Plaintiff’s Response: Plaintiff objects to Interrogatory No. 13 to the extent that it is overly broad in scope and not reasonably calculated to lead to the discovery of admissible evidence. INTERROGATORY NO. 14: If you have ever been arrested or charged with a crime, state the date, place, case number and charges made in connection with each such situation, and the ultimate disposition or current status of the charges. Plaintiff’s Response: Plaintiff objects to Interrogatory No. 14 to the extent that it is overly broad in scope and not reasonably calculated to lead to the discovery of admissible evidence. INTERROGATORY NO. 15: Describe your educational background, including all schools and educational institutions attended, the dates attended, the course(s) of study pursued, and any degree(s) obtained; and any vocational training courses you have taken, whether through your employer or through an outside source, including the name of each course taken, the name of the company or organization providing the course, the dates attended, a brief description of the training involved, and any certifications or designations received. Plaintiff’s Response: Chattahoochee High School, High School Diploma received in 1992. Clinton University, B.A. received in 1995, Major: Political Science. INTERROGATORY NO. 16: If you expect to call any person as an expert witness at trial, please identify that person, state the subject matter on which the expert is expected to testify, and state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. Plaintiff’s Response: Plaintiff has not yet retained an expert witness. INTERROGATORY NO. 17: State your full name, any names by which you have ever been known, Case 1:16-cv-01288-RWS-JFK Document 54-4 Filed 11/23/16 Page 7 of 9 8 current residence address, prior residential addresses, date of birth, social security number, and driver’s license number. Include in your response, whether you are married or have ever been married and the names and ages of any children. Plaintiff’s Response: Plaintiff objects to the disclosure of such confidential personal information in the absence of a protective order. Subject to and without waiving the foregoing, Plaintiff states: Wendy Sharp; 1974; . Plaintiff was previously married and has three children. INTERROGATORY NO. 18: Please state whether you maintained notes, a diary, journal, notebook, log, appointment book, calendar, or similar documents concerning your employment with Defendant or that refer or relate to any of the facts or circumstances surrounding the incidents relating to this litigation, and if so, identify every person who is or has ever been in possession, custody or control of such item. Plaintiff’s Responses: Plaintiff objects to Interrogatory No. 18 to the extent that it seeks privileged attorney-client communications and attorney work product, which are not subject to disclosure without a showing of substantial, need. Plaintiff further objects to this interrogatory to the extent that it is overly broad in scope, unduly burdensome, subject to and without waiving the foregoing objections, Plaintiff refers to all documents produced herewith. INTERROGATORY NO. 19: Identify any and all social media sites you have used during and after your employment with Defendant through the present, including but not limited to Facebook, Myspace, Twitter, LinkedIn, Second Life, and blogs, further identifying any screen names, and state whether on any of these sites you have referred to your employment with Defendant, your claims against Defendant, any damages you claim resulted from your employment at Defendant, and/or such sites reflect your emotional state or wellbeing. Plaintiff’s Response: Plaintiff objects to Interrogatory No. 19 to the extent that it seeks privileged attorney-client communications or attorney work product, which are not subject to disclosure without a showing of substantial, need. Plaintiff further objects to this interrogatory to the extent that it is overly broad in scope, Case 1:16-cv-01288-RWS-JFK Document 54-4 Filed 11/23/16 Page 8 of 9 9 unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence, subject to and without waiving the foregoing objections, Plaintiff has a Facebook account. INTERROGATORY NO. 20: Identify all persons who have either answered or assisted in answering these interrogatories. Plaintiff’s Response: Plaintiff, Plaintiff’s counsel and members of Plaintiff’s counsel’s staff. Case 1:16-cv-01288-RWS-JFK Document 54-4 Filed 11/23/16 Page 9 of 9 UNITED STATES BANKRUPTCY COURT Northern District of Georgia In Re: Debtor(s) Wendy Lee Sharp Case No.: 15−69688−pwb Chapter: 7 Judge: Paul W. Bonapfel DISCHARGE OF DEBTOR(S) WITH ORDER APPROVING TRUSTEE'S REPORT OF NO DISTRIBUTION, CLOSING ESTATE AND DISCHARGING TRUSTEE 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 Bankruptcy Code, (the Bankruptcy Code). It further appears that the trustee in the above styled case has filed a report of no distribution and said Trustee has performed all other and further duties required in the administration of said estate; accordingly, it is hereby ORDERED that the said estate is closed; that the Trustee is discharged from and relieved of said trust. Paul W. Bonapfel United States Bankruptcy Judge Dated: February 23, 2016 Form 182 SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION REGARDING THE BANKRUPTCY DISCHARGE IN A CHAPTER 7 CASE Case 15-69688-pwb Doc 13 Filed 02/23/16 Entered 02/23/16 12:38:49 Desc Ch. 7 Disch./Clos. - No asset Page 1 of 2 Case 1:16-cv-01288-RWS-JFK Document 54-5 Filed 11/23/16 Page 1 of 2 FORM 182 continued 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. This discharge does not affect any property of the estate as defined by section 541 of the Bankruptcy Code, and the automatic stay of section 362(a) of the Bankruptcy Code continues to apply to any property of the estate unless and until the automatic stay has been terminated by order of the court or expires pursuant to section 362(c) of the Bankruptcy Code. Such property remains subject to administration by the trustee on behalf of the bankruptcy estate. Debts That are Discharged The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debts owed when the bankruptcy case was converted.) Debts that are Not Discharged. Some of the common types of debts which are not discharged in a chapter 7 bankruptcy case are: a. Debts for most taxes; b. Debts incurred to pay nondischargeable taxes (in a case filed on or after October 17, 2005); c. Debts that are domestic support obligations; d. Debts for most student loans; e. Debts for most fines, penalties, forfeitures, or criminal restitution obligations; f. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or aircraft while intoxicated; g. Some debts which were not properly listed by the debtor; h. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged; i. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in compliance with the Bankruptcy Code requirements for reaffirmation of debts. j. Debts owed to certain pension, profit sharing, stock bonus, other retirement plans, or to the Thrift Savings Plan for federal employees for certain types of loans from these plans (in a case filed on or after October 17, 2005). This information is only a general summary of the bankruptcy discharge. There are exceptions to these general rules. Because the law is complicated, you may want to consult an attorney to determine the exact effect of the discharge in this case. This Bankruptcy Discharge is an important document that you should retain in the event a copy is needed in the future. If you request a copy from the Clerk's Office at a later date, you will be required to pay a fee. Case 15-69688-pwb Doc 13 Filed 02/23/16 Entered 02/23/16 12:38:49 Desc Ch. 7 Disch./Clos. - No asset Page 2 of 2 Case 1:16-cv-01288-RWS-JFK Document 54-5 Filed 11/23/16 Page 2 of 2