Opinion
3AP No. EC-11-1512Bk. No. 98-38409Adv. No. 11-2356CAED Case # 2:11-mc-0088 JAM GGH
09-28-2011
In re: TIMOTHY R. TAYLOR, Debtor. TIMOTHY R. TAYLOR, Appellant, v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; OFFICE OF THE INSPECTOR GENERAL; U.S. DEPARTMENT OF EDUCATION; U.S. DEPARTMENT OF JUSTICE, Appellees.
ORDER (1) DENYING STAY MOTION AND (2) TRANSFERRING IFP
MOTION TO DISTRICT COURT (Response Required)
Before: DUNN and PAPPAS, Bankruptcy Judges.
This appeal has been judicially reviewed.
1. Motion for Stay Pending Appeal.
Appellant filed a motion for stay pending appeal with the BAP on November 7, 2011.
Fed. R. Bankr. P. 8005 requires that a request for stay pending appeal must ordinarily be presented to the bankruptcy judge in the first instance.
Considerations of orderly procedure require that appellant move for a stay pending appeal in the bankruptcy court before seeking a stay from the BAP. The bankruptcy court has continuing jurisdiction to determine motions for stay pending appeal. See Ho v. Dai Hwa Elecs. (In re Ho), 265 B.R. 603 (9th Cir. BAP 2001).
Accordingly, the motion for stay pending appeal is hereby ORDERED DENIED without prejudice to re-filing if it is demonstrated that a motion for stay pending appeal was presented to the bankruptcy judge and was either denied or not acted upon in a timely manner.
2. Motion for Fee Waiver.
This appeal is properly before the Bankruptcy Appellate Panel under 28 U.S.C. § 158. As no party filed a timely election to have the appeals heard by the United States District Court under 28 U.S.C. § 158(c), jurisdiction lies with the Panel.
On September 21, 2011, appellant filed in the bankruptcy court a motion for leave to proceed in forma pauperis with respect to this appeal ("IFP Motion"). The IFP Motion was forwarded to the Panel and received on October 4, 2011.
Under the holding of Perroton v. Gray (In re Perroton), 958 F.2d 889 (9th Cir. 1992) and Determan v. Sandoval (In reSandoval), 186 B.R. 490, 496 (9th Cir. BAP 1995), the Panel has no authority to grant in forma pauperis motions under 28 U.S.C. § 1915(a) because bankruptcy courts are not "court[s] of the United States" as defined in 28 U.S.C. § 451.
However, the district court has authority to allow a person to file an appeal without prepayment of the filing fee. See 28 U.S.C. § 1915(a).
The district courts have original jurisdiction over bankruptcy cases and proceedings, 28 U.S.C. § 1334, and may exercise that jurisdiction notwithstanding that a district court may choose to refer bankruptcy matters to the bankruptcy judges for the district. 28 U.S.C. § 157(d).
Therefore, Appellant's IFP Motion is hereby TRANSFERRED to the United States District Court for the Eastern District of California for the limited purpose of ruling on the IFP Motion.
It is Appellant's responsibility to take all necessary steps to have the IFP Motion considered by the district court within a reasonable period of time.
No later than Thursday, December 8, 2011, appellant must file with the Panel and serve on opposing counsel a written response which includes as an exhibit a copy of the district court's order on the IFP Motion or an explanation of the steps appellant has taken to have the IFP Motion considered by the district court.
For the convenience of the district court, copies of the notice of appeal, the judgment on appeal, and the IFP Motion are attached to this order.
BANKRUPTCY APPEAL TRANSMITTAL FORM
TO: Bankruptcy Appellate Pane! of the Ninth Circuit
125 5. Grand Avenue
Pasadena, CA 91105
FROM: U.S. Bankruptcy Court
Eastern District of California
District Office He. 0972
CAED Case # 2:11-mc-0088 JAM GGH
DATE: 09/22/11
Debtor(s) Name: Tlmolhy Robert Taylor
Bankruptcy Case No. 98-38409-C-7
Adversary Proceeding No. 11-2356-C
Docket Control No. ._
Bankruptcy Judge (who signed Hie order): Christopher M. Klein
Date Notice of Appeal Filed: 9/21/11
Date of Entry of Order Appealed From: 9/19/11
Date Bankruptcy Case Filed: 11/30/98
Date Notice of Appeal and Notice of Referral of Appeal Mailed to Parties: 9/22/11
Filing Fee Paid? (Chart One) [] Yes [√]No Mtn to waive filed 9/21/11
Deputy Clerk BARBARA REYNOLDS
U.S. Bankruptcy Court
EDC 2-950 (Re. 8/10/10)
Timothy Taylor
In Pro Per
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION
In re: TIMOTHY R. TAYLOR, Debtor.
Timothy R. Taylor, Plaintiff
v.
U.S. Department Of Health And Human Services, et al., Defendants
Case No. 98-38409-R-7
Chapter 7
Adv. Case No- 11-02356-R
Hearing Date:
Ctrm: 501 Street, Sacramento, CA
TO THIS HONORABLE COURT, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, OFFICE OF THE INSPECTOR GENERAL, U.S. DEPARTMENT OF EDUCATION. U.S. DEPARTMENT OK JUSTICE, AGENTS, ASSIGNS, EMPLOYEES, OFFICERS. ATTORNEY AMD REPRESENTATIVES AND THOSE IN ACTIVE CONCERN OR PARTICIPATION WITH YOUR OR THEM ("Defendants" or "Responding Parties''):
Timothy R. Taylor ("Taylor"), the plainer; appeals under 28 U.S.C. § 158(a) from the judnment, order. or decree of the Chief Judge Christopher Klein of the Bankruptcy Court granting Defendant U.S. DEPARTMENT OF HEALTH AND HUM AM SERVICES, OFFICE OF THE INSPECTOR GENERAL, U.S. DEPARTMENT OFEDUCATION, U.S. DEPARTMENT OF JUSTICE, AGENTS, ASSIGNS, EMPLOYEES. OFFICERS, ATTORNEY AND REPRESENTATIVES AND THOSE IN ACTIVE CONCERN OR PARTICIPATION WITH YOUR OR 1"HEM ("Defendants" or "Responding Parties") Continued Motion 10 Dismiss Case/Proceeding And/Or Motion Judgment on the Pleading filed June 14. 2011, (Docket No. 8) and dismissing the matter Taylor will submit a copy of the entered Order as soon as it becomes available by the Court.
The Entry of Order was filed on September 19, 2011 (docket no. 44,) but me Images of the Order on (he Motions (ducket no. 4-2) and Memorandum of Opinion/Decision (document no. 43) arc not available on PACER and I have not received a copy as of this filing.
The names of all parlies 10 the judgment, order, or decree appealed from and The names, addresses, and telephone numbers of their respective attorneys are as follows:
Timothy Taylor
In Pro Per
Department Of Health and Human Sendee,
Department of Education Office of the Inspector General
and Depart meat of Justice
Jeffrey J. Lodge
U.S. Department of Justice
950 Pennsylvania Averse, NW
Timothy Taylor
TIMOTHY R. TAYLOR, Plaintiff and Appellate
If a Bankruptcy Appellate Panel Service ii authorised to hear this appeal, each, party has a right to have the appeal heard by the district court. The appellant may exercise this right only by filing a separate statement of election at the time of the filing of this notice of appeal- Any other party may elect, within the time provided in 28 U.S.C. § 158(c), to have the appeal heard by the district court.
If a child support creditor or its representative is the appellant, and if the child support creditor or its representative files the from speccified § 304(g) of the Bankruptcy Refrom Act of 1994, no fee is required.
PROOF OF SERVICE OF DOCUMENT
I am over the age of 18 and a party to this bankruptcy case or adversary preceeding. My business address is: 531-A North Hollywood Way #114, Burbank, CA 91505
A true and correct copy of the foregoing document described as Notice of Appeal will be served or was served (a) on the judge in chambers in the from and manner required by LBR 5005-2(d); and (b) in the manne indicated below.
I. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTORNIC FILING ("NEF") - Pursuant to controlling General Order(s) and Local Bankruptcy Rule(s) ("LBR"), the foregoing document will be the court via NEF and hyperlink to the document. On 9/19/11, I checked the CMECF docket for this bankruptcy case or adversary proceeding and determined that the following person(s) are on the Electronic Mail Notice List to receive NEF transmission at the email address(es) indicated below.
[] Service information continued
on attached page
II. SERVED BY U.S. MAIL OR OVERNIGHT MAIL (indicate method for each person or served):
On ____, I served the following person(s) and/or entrity(ies) at the last known address(es) in this bankruptcy case or adversary proceeding by placing a true correct copy thereof in tha sealed enveiope in the United States Mail, first class, postage prepaid《 and/or with an overright mail served as follows. Listing the judge here constitutes that mailing to the judge will be completed to later than 24 hours after the document is filed.
[X] Services information continued
on attached page
III. SERVED BY PERSONAL EDLIVERY, FACSIMILE TRANSMISSION OR EMAIL (indicate method for each person or entity); Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on Fill Date Document is Filed, I served the following person(s) and/or entity(ies) by personal delivery, or (for these who consented in waiting to such service method), by facsimite transmission and/or email as follows. Listing the judge here constitutes a declaration that personal delivery on the judge will be completed no later than 24 hours after the document is filed.
[] Services information continued
on attached page
I declaer under penalty under the laws of the United States of America that the foregoing is true and correct.
Timothy R. Taylor
Type Name
Timothy R. Taylor
Signature
SERVICE LIST (BY MAIL)
Department of Health and Human Services,
Department of Education, Office of the Inspector General
and Department of Justice
U.S. Department of Justice
UNITED STATES BANKRUPTCY COURT
Eastern District of California
NOTICE OF ENTRY OF ORDERS/JUDGMENT IN AN ADVERSARY PROCEEDING
In re: TIMOTHY R. TAYLOR, Debtor.
Timothy R. Taylor, Plaintiff
v.
U.S. Department Of Health And Human Services, eet al., Defendants
Bankruptcy Case No. 98-38409-R-7
Adversary Proceeding No. 11-02356-R
NOTICE IS HEREBY GIVEN THAT:
An order/judgment was entered on the docker in this adversary proceeding on September 19, 2011. The document number and docket text for this order/judgment are set forth below.
For the Court,
Wayne Blackwelder, Clerk
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF CALIFORNIA
In re: TIMOTHY R. TAYLOR, Debtor.
Bankruptcy Case No. 98-38409-R-7
Adversary Proceeding No. 11-02356-R
CERTIFICATE OF MAILING
The undersigned cleft in the Office of the United States Bankruptcy Court for this district hereby certifies that copies of the Notice of Appeal and Notice of Referral of Appear to the Bankruptcy Appellate Panet of the Ninth Circuit were malted today to the following parties at their respective addresses as shown in the Court's records:
+-----------------------------------------------------------------+ ¦Timothy R. Taylor ¦ ¦US Dept of Justice ¦ ¦ ¦Jeffrey J Lodge ¦ ¦ ¦531-AN Hollywood Way¦ ¦950 Pennsylvania Ave NW¦ ¦ ¦2500 Tulare St #4401¦ ¦ ¦#114 ¦ ¦Washington, DC ¦ ¦ ¦Fresno CA 93721 ¦ ¦ ¦Burbank CA 91505 ¦ ¦20530-0001 ¦ +--------------------+--------------------+-----------------------¦ ¦US Trustee ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦501 1 SI #7-500 ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Sacramento. CA 96814¦ ¦ ¦ +-----------------------------------------------------------------+
BY: Deputy Clerk
BARBARA REYNOLDS
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF CALIFORNIA
In re: TIMOTHY R. TAYLOR, Debtor.
TIMOTHY R. TAYLOR, Appellant,
v.
U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; OFFICE OF THE
INSPECTOR GENERAL; U.S. DEPARTMENT OF EDUCATION;
U.S. DEPARTMENT OF JUSTICE, Appellees.
Bankruptcy Case No. 98-38409-R-7
Adversary Proceeding No. 11-02356-R
ORDER ON MOTION TO DISMISS AND MOTION FOR CIVIL CONTEMPT
A memorandum decision having been issued,
IT IS ORDERED that the, notion to dismiss by the United StateGRANTED.
IT IS FURTHER ORDERED that the motion for an order to show case re civil contempt, and all other requested relief, by the plaintiff is DENIED,
IT IS FURTHER ORDERED that the adversary proceeding is DISMISSED.
_______
UNITES STATES BANKRUPTCY JUDGE
CERTIFICATE OF SERVICE
On the date indicated below, I served a true and correct copy(its) of the attached document by placing said copy(ies) in a postage paid envelope addressed to the persons) hereinafter listed and by depositing said envelope in the United States mail or by placing said copy(ies) into an interoffice deliver receptacle located in the Clerk's Office.
Timothy R. Taylor
Jeffrey J. Lodge
DEPUTY CLERK
Notice of Appeal from Sacramento
Barbara Reynolds to: BAPCA09FIllings
This message has been replied to.
BK appeal transmittal from adv 11-2356.pdf cert of mailing re appeal 11-2356.pdf
ntc of referral of appeal 11-2356.pdf
Please confirm receipt and proceeding via returen e-mail
Thank you.
Barbara Reynolds
Team Leader/Deputy Clerk
US Bankruptcy Court. Eastern District. Sacramento Division
U.S. Bankruptcy Appellate Panel
of the Ninth Circuit
RE: TIMOTHY R. TAYLOR
Appellant: TIMOTHY R. TAYLOR
BAP No.: EC-11-1512
Bk. No.: 98-38409
Adv. No.(s): 11-2356
OPENING LETTER
Notice of Appeal in this case has been received by the Bankruptcy Appellate Panel (BAP) and assigned the case number above.
For all BAP cases filed on or after March 31, 2010, electronic filing using the BAP's Case Management/Electronic Case Filing (CM/ECF) docketing system is mandatory for all attorneys. Please review the Administrative Order Regarding Electronic Filing in BAP Cases available on the BAP website www.bap9.uscourts.gov for further information.
For non-attorneys, all papers filed with the BAP should be in the form of an original and three copies.
The BAP docket and other court information is available through the National PACER system. http://www.bap9.uscourts.gov
Enclosed are the 9th Cir. BAP Rules governing practice before the BAP. Appeals are also governed by Parts VIII and IX of the Federal Rules of Bankruptcy Procedure (F.R.B.P.), and some parts of the Federal Rules of Appellate Procedure (F.R.A.P.) See 9th Cir. BAP Rule 8018(b)-1.
Pursuant to 9th Cir. Rule 8001(a)-1, please immediately send the BAP Clerk a copy of the signed and entered order or judgment being appealed if it was not attached to your notice of appeal.
After a Notice of Appeal has been filed, the parties' next step in prosecuting this appeal is compliance with F.R.B.P 8006 and 8007, which require Appellant to file within 14 days in the bankruptcy court a designation of the record, statement of issues on appeal, and a notice regarding the ordering of transcripts. Under these rules Appellee may also file a supplemental designation of the record and order transcripts. The party ordering the transcripts must make satisfactory arrangements for payment of their costs.
Even if transcripts are not ordered, Appellant is required to file with the bankruptcy court a notice stating that none are required. See also 9th Cir. BAP R. 8006-1.
The parties should note that the designation of the record under F.R.B.P. 8006 is a necessary procedural step in prosecuting an appeal and the parties may not later include in their excerpts of the record documents which have not been designated.
The record and bankruptcy file remain with the Clerk of the bankruptcy court and the Panel reviews only those items which are reproduced and included in the excerpts of the record filed at the time of the briefs. While the Panel may call up the formal record, in practice this rarely occurs.
Further, it is the parties' responsibility to monitor the appeal to ensure that transcripts are timely filed and the record is completed in a timely manner. Under F.R.B.P. 8007(a), the court reporter is required to file transcripts within 30 days of receipt of the parties' request, unless an extension has been granted.
After the record is complete, the Clerk of the bankruptcy court will send a Certificate of Record, sometimes referred to as a Certificate of Readiness or Certificate of Transcripts, to the BAP Clerk.
Appeals are set for hearing in the bankruptcy district from which the appeal arose whenever feasible. To expedite the appeal or if the parties feel argument is unnecessary, they may file a stipulation or motion to submit their appeal on the briefs and record, thereby waiving oral argument. The Panel will also consider stipulations requesting an alternative hearing location or hearing by telephone conference. Such motions should be filed at the earliest possible scheduled date, generally with the opening brief, as once a case has been scheduled for argument, continuance and request of change time and place are rarely granted.
CERTIFICATE OF MAILING
The undersigned, deputy clerk of the U.S. Bankruptcy Appellate Panel of the Ninth Circuit, hereby certifies that a copy of the document on which this certificate appears was transmitted this date to all parties of record to this appeal.
By: Vicky Jackson-Walker, Deputy Clerk
U.S. Bankruptcy Appellate Panel
of the Ninth Circuit
To: Clerk, Sacramento Bankruptcy Court
Debtor(s): TIMOTHY R. TAYLOR
BAP No.: EC-11-1512
Bk. Ct. No.: 98-38409
ADV. NO.: 11-2356
INTERNAL Bk. Ct. NO.: ***
The Bankruptcy Appellate Panel has received and docketed the notice of appeal referenced in the attached transmittal. The BAP case number is indicated above for your information.
If completion of the record has been delayed, please advise us as to the cause of the delay by completing the following checklist and sending a copy of this letter back to us:
IF THE RECORD ON APPEAL IS COMPLETE, PLEASE SEND THE CERTIFICATE OF READINESS
Susan M Spraul, BAP Clerk
By: Vicky Jackson-Walker, Deputy Clerk Date: September 28, 2011
A) REASONS WHY THE RECORD HAS NOT BEEN COMPLETED. THE FOLLOWING ITEMS HAVE NOT BEEN FILED:
[ ] No Filing Fees paid
[ ] No Designation of Record
[ ] No Statement of Issues
[ ] No Notice Regarding the Transcript
[ ] No Reporter's Transcript(s)
Reporter name:_
phone:_
Judge:_
Transcript date(s):_
[ ] No Transcript Fees paid
[ ] Extension of Time Granted to Reporter:
New deadline:_
[ ] Other:_
B) DEPUTY CLERK PROCESSING THIS APPEAL
1. Name:_
2. Phone:_
3. Date:_
UNITED STATES BANKRUPTCY APPELLATE PANEL
OF THE NINTH CIRCUIT
In re: TIMOTHY R. TAYLOR Debtor
BAP No. EC-11-1512
Bankr. No. 98-38409
Adv. No. 11-2356
Chapter 11
TIMOTHY ROBERT TAYLOR Appellant
v.
U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES;
OFFICE OF THE INSPECTOR GENERAL; U.S. DEPARTMENT OF EDUCATION;
U.S. DEPARTMENT OF JUSTICE; U.S. DEPARTMENT OF JUSTICE Appellees
BRIEFING ORDER
(Prompt Action Required)
Unless otherwise ordered by this court, the parties to this appeal shall timely complete all of the briefing deadlines set forth below. Failure of the parties to comply with these deadlines may result in dismissal of this appeal or in the imposition of other sanctions. These deadlines control and supersede any briefing deadlines contemplated by the Federal Rules of Bankruptcy Procedure ("FRBP").
Last day for appellant(s) to file opening brief and appendix: November 14, 2011. Last day for appellee(s) to file responsive brief and appendix: Twenty-One days after service of appellant's opening brief.
Last day for appellant(s) to file optional reply brief: Fourteen days after service of appellee's reply brief.
Requirements for filing a brief, an appendix (excerpts of the record), and required certificates are set forth in FRBP 8009 and 8010, and Ninth Circuit BAP Rules 8009(a)-1, 8009(b)-1, and 8010(a)-1. Length of briefs is governed by Ninth Circuit BAP Rule 8010(c)-1. See also 9th
Cir. BAP Rule 8006-1 (describing requirements for the inclusion of transcripts in the excerpts of the record).
The parties generally should expect that oral argument will occur shortly after briefing is completed. Please refer to the attached materials regarding advance consideration of issues concerning oral argument.
FAILURE OF APPELLANT TO TIMELY PROVIDE AN ADEQUATE OPENING BRIEF AND ADEQUATE EXCERPTS OF THE RECORD IN COMPLIANCE WITH THE GOVERNING RULES MAY RESULT IN DISMISSAL OF THE APPEAL, OR IN SUMMARY AFFIRMANCE OF THE RULING ON APPEAL. See Morrissey v. Stuteville (In re Morrissey), 349 F.3d 1187 (9th Cir. 2003).
FOR THE PANEL,
Susan M Spraul
Clerk of Court
SUMMARY OF REQUIREMENTS FOR BRIEFS AND EXCERPTS OF THE
RECORD
This Summary is intended to help the parties file their briefs and appendix in the proper format, but it is not a substitute for reading and complying with all of the procedural rules listed in the Briefing Order, which rules govern the format and content of each brief and appendix. Briefs that do not comply with national and local rules may not be accepted for filing. Your attention is particularly called to the following requirements:
LENGTH -- Thirty pages for the opening briefs of appellant and appellee. Twenty pages for appellant's reply brief, if any.
NUMBER -- A signed original and four copies of all briefs; five copies of the excerpts of the record.
COVERS -- Appellant's opening brief - BLUE; appellee's brief - RED. appellant's reply brief -GRAY; all excerpts of the record - WHITE.
APPENDIX (Excerpts of The Record) -- The parties are required to include copies of all relevant documents from the bankruptcy court record, including transcripts, in their excerpts.
FORMAT OF APPENDIX -- The Appendix must comply with the requirements of 9th Cir. BAP Rule 8009 (b) - 1. FAILURE TO TAB ALL DOCUMENTS IN THE APPENDIX, TO CONTINUOUSLY PAGINATE THE ENTIRE APPENDIX, AND TO PROVIDE A TABLE OF CONTENTS IN THE FORM SPECIFIED IN THE ABOVE-REFERENCED RULE MIGHT SEVERELY HAMPER THE PANEL'S REVIEW OF THE ISSUES ON APPEAL.
CERTIFICATES -- Both appellant's and appellee's opening brief must contain a Certificate of Interested Parties. Appellants brief must also contain a Certificate of Related Cases.
CALCULATION OF TIME -- Briefs are deemed filed on the day of mailing. FRBP 8008(a).
ADVANCE CONSIDERATION OF ISSUES CONCERNING ORAL ARGUMENT
While the parties are briefing, the BAP is considering where and when to set oral argument. Because the BAP seeks to set argument as soon as practical after briefing is completed, any stipulations, motions or notices concerning oral argument should be filed at the earliest possible time, generally with a party's first brief. While appeals typically are set for hearing in the bankruptcy district from which the appeal arose whenever feasible, the parties may file a stipulation or motion requesting an alternative hearing location or a hearing by telephone or video conference. The parties also may file a stipulation or motion to submit their appeal on the briefs and record, thereby waiving oral argument.
All parties should carefully review the dates on the BAP's annual hearing calendar located on the BAP's website: http://www.ce9.uscourts.gov/bap. This calendar contains dates that the BAP judges have set aside for argument, and it is likely that your appeal will be set for hearing on one of these dates. If a party knows or suspects that he or she will be unavailable on one of these dates, he or she should file as soon as possible a notice of unavailability, stating the dates on which he or she is unavailable. Once a case has been scheduled for argument, continuances and requests to change time or place are rarely granted.
CERTIFICATE OF MAILING
The undersigned, deputy Clerk of the U.S. Bankruptcy Appellate Panel of the Ninth Circuit, hereby certifies that a copy of the document to which this certificate is attached was transmitted this date to all parties of record to this appeal, to the United States Trustee and to the Clerk of the Bankruptcy Court.
By: Vicky Jackson-Walker, Deputy Clerk
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF CALIFORNIA
In re Timothy Robert Taylor Debtor(s)
Timothy Robert Taylor Plaintiff(s),
v.
Office of the Inspector General, US Dept of Education, et al. Defendant(s).
Bankruptcy Appellate Panel No EC-11-1512
Bankruptcy Court Case No. 98-38409-C-7
Adversary Proceeding No. 11-2356-c
Docket Control No.
CERTIFICATE OF RECORD
The undersigned Deputy Clerk of the U.S. Bankruptcy Court for the Eastern District of California, certifies pursuant to Rule 4(a) of the Rules of the U.S. Bankruptcy Appellate Panel for the Ninth Circuit, that the record with respect to the above-captioned matter is complete for purposes of appeal. Pursuant to Fed.R.Bankr.P. 8007(b), the original record will be retained by this court. Excerpts of the record, including transcripts, shall be filed and served with briefs as an appendix. pursuant to Fed.R. Bankr.P. 8009(b).
FOR THE COURT
WAYNE BLACKWELDER, CLERK
U.S. Bankruptcy Court
EDC 2-075 (Rev. 09/10/10)
CASE N. EC 11-1512
UNITED STATES BANKRUPTCY APPEALS
PANEL
FOR THE NINTH CIRCUIT
Appeal from the United States Bankruptcy Court
Eastern District of California, Sacramento
Chapter 7
BK Case No. 98-38409-R-7
Adv. Case No. 11-02356-R
The Honorable Chief Justice Christipher Klein
United States Bankruptcy Court Judge
In re
TIMOTHY R. TAYLOR
TIMOTHY R. TAYLOR
Appellant
v.
DEPARTMENT OF HEALTH AND HUMAN
RESOURCES, DEPARTMENT OF EDUCATION,
OFFICE IN INSPECTOR GENERAL,
DEPARTMENT OF JUSTICE
Appellees.
APPELLANT'S NOTICE OF MOTION & MOTION FOR STAY PENDING
APPEAL AND INJUNCTIVE RELIEF; REQUEST FOR HEARING AND
ORAL ARGUMENT TO BE HELD IN PASADENA, CALIFORNIA
Timothy R. Taylor, M.D
531-A North Hollywood Way #114
Burbank, CA 91505
(818)913-4698
In Pro Per
Contents
I. BACKGROUND.....................................................................................................1
1. A Stay Is Necessary to Prevent Irreparable Harm to Appellant..........................6
2. Appellant is Likely To Prevail, or at Least Raise "Serious Legal Questions."... 9
3. The Requested Stay Will Not Substantially Harm the Appellees......................14
4. Public Interest Favors Affordable Health Care Services....................................14
II. CONCLUSION:....................................................................................................15
TABLE OF AUTHORITIES
Cases
Andrews v. South Dakota Student Loan Assistance Corp. (In re Andrews); 661 F.2d702 (8th Cir. 1981).....................................................................................13
Baker v. Latham Sparrowbush Assocs., 72 F.3d 246 (2d Cir. 1995)........................................................................................ 13
Bulla v. Idaho St. Bd. of Corrections, 869 F.2d 46 1,466 (9th Cir. 1989)..............................................................................9
Barndt v. County of Los Angeles 211 CaL App. 3d 397 (1989).................................................................................... 14
Bosiger v. US. Airways, 510 F.3d 442 (4th Cir.2007).....................................................................................13
Campaniello Imports. Ltd. v. Saworiti Italia S.D.A., 117 F.3d 655 (2d Cir. 1997)..................................................................................... 11
Draswell v. Shoreline Fire Department, 2010 DJ DAR 14626...................................................................................................8
Duskin v.San Francisco Redevelopment Agency 31 Cal. App. 3d 769(1973)...................................................................................... 14
Enquist v. Or. Dept. of Agric., 475 F.3D 985 (9th Cir. 2007.).......................................8
Gerhard v. Stephens 68 Cal. 2d 864 (1968)............................................................................................... 14
In re Haddad, 68 Bankr. 944 (Bankr. D.Mass. 1987)........................................................................9
In re Joye, 578 F.3d 1070 (9th Cir.2009)................................................................................... 12
In re Syntax Corp. Securities Litigation, 95 F.3d 922 (9th Cir. 1996)...................................................................................... 10
ntemational Longshoremen's Ass'n, Local 1291 v. Phila. Marine Trade Ass'n, 389 U.S. 64 (1967)......................................................................................................9
Laing v. Laubach 233 Cal. App. 2d 511 (1965).................................................................................... 14
Merrit v. Mackey, 827 F. 2d 1368 (9th Cir. 1987)...................................................................................8
Nken v. Holder, 129 S. Ct. 1749 (2009)................................................................................................6
Scheuer v. Rhodes, 416 U.S. 232 (1974).................................................................................................. 10
Shillitani v. Us., 384 U.S. 364...............................................................................................................9
South v. Wishard 146 Cal. App. 2d 276 (1956).................................................................................... 14
Tennessee Student Assistance Corp v Hood 541 US 440, 550........................................................................................................ 12
United Student Aid Funds v. Espinosa, 130 US. 1367(2010)..........................................................................................11, 12
United Student Aid Funds, Inc. v. Pena (In re Pena), 207 B.R. 919 (B.A.P. 9th Cir. 1997)........................................................................ 13
Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7 (2008)........................................................................................................6
Statutes
11 US.C. Section 523(a)(8)...................................................................................11, 13
Other Authorities http://www.caeb.uscourts.gov/Judges/Kle.in.aspx.........................................................6 http://www.uscouits.gov/uscourts/RulesAn.dPolicies/rules/Agenda%20Books/Batikrup tcy/BK1998-10.pdf.....................................................................................................6
Rules
Fed. R. Civ. P. 60.........................................................................................................11
Rule 8005 .......................................................................................................................6
Rules 60........................................................................................................................11
I. BACKGROUND
The crux of this case and unconscionability is retaliation by the University of California, Irvine ("UCI") for Taylor's testimony to federal investigators from the Veterans Administration Office of Inspector General about six suicides on ward L-1. [6:24-7:1, 26:18-30:22, 180-239] After the investigation, UCI withheld Taylor's Certificate of Internship, which is proof that he is the doctor, and which identifies him and his training, UCI still refuses to verify Taylor's medical credentials. Taylor has never taken possession of the intellectual property paid for by the student loans. [55-29, 180-239].
In 1996, Taylor's student loans were "consolidated" into one loan with one payee in the amount of $183,13939. [50-53] By 1998, the loans had been mismanaged and grew to approx. $3,000,000.00 [30:23-31:10, 50-53]. Taylor remained current on his payments until the month prior to Chapter 7 Petition. [118]. (The trial judge ruled, without an evidentiary hearing, that Taylor owed in excess of $435,000).
In 1997, Taylor filed two civil cases against UCI. [180-239]. The Superior Court Judge ruled that UCI had no obligation to verify Taylor's medical education; that Taylor would have to start his medication education over. Taylor appealed. [32:1-7; 250-266, noting corrupted copies of the USBC\s archived file at pgs. 253, 255, 259,264.]
On November 30, 1998 Taylor filed a Ch. 7 Petition Case No. 98-38409 in the Eastern District of California, Hon. D. Russell, presiding, [32: 8-10; 240, 241] Filed concurrently (and referred to in the Schedules) was Taylor's Declaration of Hardship Under 11 § 523(a)(8)(b) (the "Declaration") [7:7-13; 32:11-17; 242-292]. See Declaration of Timothy R. Taylor, Ex 1.
The Court sent notices to Appellees of the bankruptcy filing, meeting of creditors, Discharge Order, two hearing dates with notices and orders to object to discharge and/or to state a claim, but Appellees did not respond. [293,296, 302]
Taylor also plead both he and his attorney spoke with representatives of Appellees before and during the bankruptcy: Taylor, of his intent to file for bankruptcy, and Mr. Thistle, his attorney in the civil actions, because the student loans were claimed as damages in the pending civil suits. [34:13-27] Taylor plead Appellees agreed not to challenge the discharge of the student loans to motivate and facilitate a settlement of the litigation and appeal. Taylor ultimately settled the cases: UCI would give Taylor his original Certificate of Internship and verify three years of post graduate medical education/training to anyone whom Taylor notified should get verification. Taylor dismissed the cases, without prejudice. [11:18-12:1, 26:2-8 34:13-27; 54 - 69 (referencing pg. 58)].
In March 1998, the Court issued the 1999 Discharge Order:
"IT IS ORDERED THAT:
1. The above-named debtor(s) is (are) released from all dischargeable debts;
2. Any judgment heretofore or hereafter obtained in any court other than this court, is null and void as a determination of the personal liability of the debtor(s) with respect to any of the following;
(a) Debts dischargeable under 11 U.S.C. § 523;
(b) Unless heretofore or hereafter determined by Order of this court to be nondischargeable, debts alleged to be excepted from the discharge under clauses (2), (4), (6) and (15) of 11 U.S. C. § 523 (a);
(c) Debts determined by this court to be discharged,
3. All creditors whose debts are discharged by this order and all creditors whose judgments are declared null and void by paragraph 2 above are enjoined from instituting or continuing any action or employing any process or engaging in any act to collect such debts as personal liabilities of the above-named debtor(2).
NOTE: The granting of this discharge does not affect any pending or subsequently filed complaints under 11 U.S.C. § 523 to obtain determination of the dischargeability of specific debt."
[297-299] ("1999 Discharge Order").
Between 1999 and 2007, Appellees abided by the Order and their agreement not to collect. [10:2-14] However, UCI breached its settlement agreement. [20:3-11; 35:1-36:1; 55-69]
In 2007, Appellees began aggressive collections and professional sanctions against Taylor. Terminating professional sanctions include listing Taylor's name on multiple nationwide "exclusion" databases, accessed by all prospective employers, pharmacies and health care facilities. [10:6 - 11:17; 39:5-41:7; 70-79; 81-96] The reason given is defaulted student loan payments and unfulfilled public health service obligation. [97-114, noting pg. 111]. At that same time, Taylor was the sole specialist in a manpower shortage area, treating hundreds of patients at a U.S. Public Health Service Hospital* which service takes priority over exclusion. [20:3-21:7; 25:4-25:17]
Between 2007 and 2010, Taylor requested and was denied an administrative review of the sanctions. [41:9-45:1; 95,96; 105-113; 118-164; 167-175]. The final refusal came January 2, 2011. [129, 130]
On May 10, 2011, Taylor filed a Motion for Civil Contempt, the subject of this appeal, originally assigned to Hon. David Russell, the Judge presiding over the 1998 Bankruptcy estate and author of the 3999 Discharge Order. [1-314 (five documents filed as Doc. 1 in the Court's docket)] However, Hon. David Russell was replaced by Hon. Christopher Klein [405-407] which Taylor believes is prejudicial, and the transition delayed the case for several months resulting in extended unemployment. See Taylor Dec. ¶ 6.
@ 468:4-7 the [rial court uses the fact that the Court filed Taylor's Declaration of Hardship Pursuant 11 USC Section 523(a)(8)(b) along with the Petition - not separately docketed.
On September 13, 2011, after several continuances, the hearing on the motions was held. Taylor's Motion for Civil Contempt was reclassified to a Motion for Determination of Hardship pursuant to 11 U.S.C. § 523. [463:25-28] The judge denied a stay [457:15-27], granted Appellees' Motion, and barred Taylor from any further redress based on laches. [468:16-469:6].
Ignoring allegations in the complaint, [6:17-7:1; 20:3-11; 30:1.8-22; 31:11-15; 31:18-24; 35:1-36:1; 55-69] the trial court stated it reviewed the 1999 case file from archives (Taylor declared the file is on microfiche and corrupted. [32:5-7, 253, 255, 259 264]) and ruled that all circumstances contained in his 1998 Declaration of Hardship and Schedules are irrelevant-any attempt by Taylor bring another motion would be dismissed on the doctrine of laches, [468:16-469:3]
The trial court opined that the absence of an adversary proceeding in 1998/1999 resulted in a "misleading" Order. The trial Court opined Taylor provided notice to "nobody" and did not. serve Appellees with a Summons and Complaint pursuant to court rules [468:6-7]. The trial Court rendered the 1999 Discharge Order misleading [477:6-478:4] and its language deceptive [478:10-479:10]. The judge did not allow discovery or an evidentiary hearing, despite Taylor's request and notice to conduct discovery [391-402].
In a Motion to Dismiss filed in response to a Motion for Civil Contempt, the trial court revoked the Order as to student loans thirteen years after the Order had been issued. [468:14-16]. Appellant, however, relies on the language of the Order. [479:4-480; 13 ].
Taylor filed a Motion for Judgment on the Pleadings and alternatively, a Motion to Invoke a Stay of Collections and Sanctions pending the outcome so he could work. [335-356] For these reasons, Taylor has not applied to the trial court for a stay, as the trial court already denied a stay request, and has barred Taylor from further action to that court. Taylor requests that bond be waived.
The court is authorized to issue a. stay of enforcement of a judgment pending the outcome of an appeal, holding a ruling in abeyance to allow the Court the necessary time to review it and to allow or disallow anticipated action before the legality of that action has been conclusively determined. Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 22-23 (2008), Men v. Holder, 129 S. Ct. 1749, 1753 (2009), The court is authorized to is make "other appropriate orders" during the pendency of the appeal in addition to a stay pursuant to Rule 8005,
Taylor is asking for a stay of the final ruling by Hon. Klein, and that this court issues orders requiring Appellees to remove Taylor's name from all exclusion lists on all national databases so he may see patients and earn a modest income, without bond. 1. A Stay Is Necessary to Prevent Irreparable Harm to Appellant
Taylor has suffered termination sanctions and is listed on national databases accessed by his profession as an "excluded" provider. Judge Klein has created a new debt randomly totaling nearly half a million dollars, Taylor claims all student loans were consolidated into a judgment and these debts were discharged by way of Court Order in 1999 that made "any judgment" for "debts dischargeable under 523...null had void." Appellees seek full payment of the alleged unproven debt, discharged debt and/or reaffirmation of the new debt total as condition of restoration. [38:18-21; [81-82] Taylor claims these actions are not seeking actual payment as student loans should have been forgiven by virture of the service at the Public Health Service hospital where he was employed when excluded. Appellees did not collect, for over eight years, but rather black-list Taylor from his profession. Appellees are aware of had Taylor believes, have the ability to resolve the refusal by UCI to verify Taylor's ____ and/or deliver Taylor's original Certificate of Internship to him, which ____ unemployable and/or underemployable. [11:22-28; 454:9-454:13]
____ debts were not discharged, the amount of fhe original loan/judgment is unclear. The student loans arc be ____ upon by multiple agencies, the payee is unclear.
Exclusion is a terminating professional sanction reserved for only the severest ____ unethical behavior, malpractice or fraud. Rarely are physicians excluded for ____ student loans [97-104; 114, 163-168]. Taylor was not in default at the time ____ in 1998, but because loans that were said to be consolidated by the Dept. ____ see were in collection by multiple governmental departments and other creditors ____, the debt was wildly out of control. Bankruptcy proceedings were ____ and largely curative until Appellees re-started collections in 2007. Any ____ time out from practicing medicine tarnishes his record. Taylor has to account and explain this delay which results in job denials. The delay itself will have the same effect as though Appellees prevailed in the appeal and any subsequent proceeding. See Taylor Dec. 1|8.
Taylor's liberty interests rights are directly affected by these sanctions. The collection proceedings and exclusion deprives Taylor of his liberty interest in his profession. The Court, in Draswell v. Shoreline Fire Department , 2010 DJ DAR 14626, issued a ruling on liberty interest in one's profession in its ruling on September 16, 2010, "A person 'has a liberty interest in employment, protected by the Due Process Claus' if dismissal effectively precludes future work in the individual's chose profession.' " Merrit v. Mackey 827F.2d 1368, 1.373 (9th Cir. 1987). To establish a violation of such a liberty interest, Plaintiff must show that his dismissal "destroyed [his] freedom to take advantage of other employment opportunities" and that because of the dismissal, it is "virtually impossible for [him] to find new employment in his chosen field." Enquist v. Or. Dept.of Agric, 475 F.3D 985 (9th Cir. 2007.) A person's liberty interest is also implicated if "the dismissal is for reasons that might seriously damage his standing in the community." Merrit v. Makey, at 1373 (9th Cir. 1987.) [19:17-21:27]
Taylor has been unable to work in the USA since the excludion in 2009. [36:21-24; 349:2-9], and is currently without income from any source [350:3-15]. Because of the exclusion, it would be inherently inequitable to deprive Taylor his interest in his profession and deny access to the courts and litigation process is highly prejudicial to him. [38:18-29:4,40:4-6] See Taylor Dec, ¶ 2.2. Appellant is Likely To Prevail, or at Least Raise "Serious Legal Questions."
At no time during or after the bankruptcy case have Appellees applied to this court to revoke, challenge or void the 1999 Discharge Order under 11 U.S.C. § 727, Rule 60, or any other proceeding. Yet, the trial court's ruling has the effect of the Appellees prevailing on such filings, without evidentiary hearings. The Court failed to apply the appropriate standards of review in its ruling.
Motion for Civil Contempt: The trial Court failed to apply the standards of review on the Motion for Civil Contempt, which Taylor met: the Order; service of the Order [297-299]; and actions taken in violation of that Order [10:6 - 11:1.7; 70-79; 81-114, noting pg. 111]. In re Haddad, 68 Bankr. 944, 952 (Bankr, D.Mass. 1987) [See also Shillitani v. Us., 384 U.S. 364,370,86 S.Ct. 1431, 1532,] Balla v, Idaho St Bd. of Corrections, 869 F.2d 46 1, 466 (9th Cir. 1989) (citing International Longshoremen's Ass'n, Local 1291 v. Phila. Marine Trade Ass'n, 389 U.S. 64, 76 (1967).
Appellees admit collecting but claimed it need not abide by the Order [324-330] based on an alleged procedural deficiency of failing to serve a Summons and Complaint upon them. However, Taylor plead that Appellees waived their rights to Summons and Complaint,
Taylor's complaint, which must be taken as true, listed several theories upon which it should have survived the motion to dismiss under 12(b)(6) and exceeded the requirement that the complaint need only contain '"a short and plain statement of the claim showing that the pleader is entitled to relief," such that the defendant has "fair notice of what the ... claim is and the grounds upon which it rests. " In re Syntax Corp. Securities Litigation, 95 F.3d 922, 926 (9th Cir. 1996). The Motion to Dismiss is not a procedure for resolving a contest about the facts or the merits of the case, or whether the plaintiff will ultimately prevail but whether the plaintiff is entitled to offer evidence to support the claims asserted. Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974). The Court did not apply the standard, and ignored Taylor's pleadings and evidence. [15:8-26; 25:2-8; 25:13-19; 293; 296-299; 302303].
It is unclear if, in fact, the trial judge actually read the moving papers, implying that the length of Appellant's moving papers was too lengthy to read [450:8-12]. The trial court appeared ignorant that Taylor's moving papers supported key facts with evidence, and ignored the critical aspects of a continuing hardship and the 2007 Hawai'i Bankruptcy [7:7-13; 35:1.7- 38:17] (upon which the trial court ruled on laches [451:19-457:4]) and others.
Revocation of the Order: The 1999 Discharge Order exists, and specifies judgments under 523, and other non-dischargeable debts were discharged. It was not a "general" order. [Compare 297 to 305]. Yet, the trial court revoked it as to these Appellees. [465:23-28; 468:4-12] and concluded, "...the order against the United States is based on a faulty premise. The student loan debts were not discharged in case No. 98-38409-A-7." [468:13-15].
Appellees, however, did not challenge the Order at any time during the open case. Fed. R. Civ. P. 60(b) provides a mechanism for setting aside a judgment in certain circumstances. Rules 60 (d)(1) and (3), respectively, permit a court to "entertain an independent action to relieve a party from a judgment, order, or proceeding," or, "set aside a judgment for fraud on the court." In deciding whether to entertain an independent action for relief, a court must exercise discretion and look to traditional equitable principles. See Campaniello Imports. Ltd. v. Saworiti Italia S.D.A., 117 F.3d 655, 661 (2d Cir, 1997). To obtain equitable relief through an independent action, claimants must "(1) show that, they have no other available or adequate remedy; (2) demonstrate that movants' own fault, neglect, or carelessness did not create the situation for which they seek equitable relief; and (3) establish a recognized ground — such as fraud, accident, or mistake — for the equitable relief." Id. at 662. Appellees did none of this, yet the Order was revoked.
Taylor alleged in his moving papers, the point made by the Supreme Court in United Student Aid Funds v. Espinosa, 130 U.S. 1367 (2010), "523(a)(8) does not limit a bankruptcy court's jurisdiction over student loan debtor or impose requirements that, if violated, would result in a denial of due process. [15:1-10] Instead, it requires a court to make certain findings before confirming a student loan debt discharged. That this requirement is "self executing" Tennessee Student Assistance Corp vHood 541 US 440, 550, means that the bankruptcy court must make an undue hardship finding even if the creditor does not request one, it does not mean that a bankruptcy court's failure to make the finding renders its subsequent confirmation order void," and "Neither the Code nor the Rules prevent the creditor from waiving service of a summons and complaint." By necessity, a Court's determination of these debts is required prior to Discharge Order being issued. The Discharge Order is evidence that, the debts were subjected to the court's consideration of unconscionability and were discharged. This ruling does not delineate a different duty if a Debtor files for relief under Ch. 7 or Ch, 13. In fact, the authority used for the in United v. Espinosa, a Ch. 13 case, Tennessee Student Assistance Corp v Hood, is a Chapter 7 case.
In 830 Espinosa, the Court rejected a student loan creditor's argument that it was denied due process when the debtor failed to serve it with a summons and complaint. Id @_1378. Espinosa is consistent with the long history of cases holding that there is no due process violation where actual notice of a bankruptcy proceeding is given. See, e.g., In re Joye, 578 F.3d 1070 (9th Cir.2009); Bosiger v. U.S. Airways, ____F.:3d. 442 (4th Cir.2007); Baker v. Latham Sparrowbush Assocs, 72 F,3d 246 (2d Cir. 1 995). Yet, the trial court refused to consider this argument from Taylor.
To dismiss the Contempt case, the judge had to find the moving papers untrue, to have prevailed, Appellees become unjustly entitled to ignore statutory duties to read the Petition, Schedules, Declaration, Notices, Orders to Object and the 1999 Discharge Order, to be relieved from the duty to file a claim, and/or an objection in ____ of 42 U.S.C. § § 60,35 and 60.40 [15:1-17:10],
Reclassifying the Motion: The judge reclassified Taylor's Motion for Civil ____ toa Motion to Determine Dischargeability due to Hardship pursuant to 11 U.S.C. 523(a)(8)(b) [463:25-28]. Fairness and equity require each undue hardship case to be examined on the unique facts and circumstances that surround the particular ____ See Andrews v. South Dakota Student Loan Assistance Corp. (In re ____; 661 F.2d 702, 704 (8th Cir. 1981); United Student Aid Funds, Inc. v. Pena ____, 207 8.R. 919, 922 (B.A.P. 9th Cir, 1997),
Ifthe reclassification of Taylor's motion was proper, the trial court denied ____ the right to have his case examined on the unique facts and circumstances ____l in 1998 which he plead exists today: retaliatory blacklisting by UCl's refusal to ____ Taylor's credentials or deliver his Certificate of Internship, inability to work.
Laches: The trial court erred in its ruling of laches, as Appellees did not plead ____ the standard required for that ruling. To prevail on laches, a requirement of unreasonable delay plus either acquiescence in the act about which plaintiff complains or prejudice to the defendant resulting from the delay is necessary. Barndt v. County of Los Angeles (1989) 211 Cal. App. 3d 397, Duskin v. San Francisco Redevelopment Agency (1973) 31 Cal. App. 3d 769, 774-775, Gerhard v. Stephens (1968) 68 Cal 2d 864. An assertion of mere lapse of time, other than that prescribed by statutes of limitations, does not bar relief. Laing v. Laubach (1965) 233 Cal. App. 2d 511 (delay induced by defendant); South v. Wishard (1956) 146 Cal. App. 2d 276, 288-289, 303 P.2d 805 (delay induced by defendant's fraud). Taylor plead that Appellees did not collect for nearly 9 years after the Order, and did not sanction Taylor until 11 years after the 1999 Discharge Order, resulting in the absence of court activity while they complied. 3. The Requested Stay Will Not Substantially Harm the Appellees
For nine years, Appellees did not collect or sanction Taylor. Appellees did. not claim prejudice in any of their pleadings, and because the basis of their claims is a written judgment, no allegations can reach a level sufficient to show prejudice, A stay will not harm Appellees. 4. Public Interest Favors Affordable Health Care Services
Service in man power shortage areas and/or disputes to exclusion should result in an automatic stay. This policy is articulated by 42 U.S.C. §1001; "Default of health education loan or scholarship obligations, Circumstance for exclusion,
(3) The OIG will take into account access of beneficiaries to physicians' services for which payment may be made under Medicare,Medicaid or other Federal health care programs in determining whether to impose an exclusion;
(4) The OIG will not exclude a physician who is the sole community physician or the sole source of essential specialized services in a community if the State requests that a physician not be excluded, (in pertinent part)
Regardless of debt, a stay should have resulted from Taylor's notice to the Appellees that he was a sole specialist in a designated manpower shortage area, and separately from his dispute and request for appeal in and of itself. Patients likewise benefit. [47:16-22; 163, 164; 310-314].
II. CONCLUSION:
Absent an accusation and charge of unethical behavior or malpractice, negligence or criminal activity, the exclusion is based solely on a money judgment. Based on this record, this court can be reassured that an injunctive relief will not endanger the public, conforms with public policy and the public's interest will be enhanced.
For the above reasons, Appellant requests that the court's ruling be stayed pending appeal and injunctive relief be granted to Appellant which orders Appellees, individually and collectively, to remove Appellant's name for any and medical and other databases as being suspended, excluded or otherwise sanctioned, and cease all collections pending the outcome of this matter, and until all judicial reviews have been complete.
TIMOTHY R, TAYLOR
DECLARATION OF TIMOTHY R. TAYLOR
I, Timothy R. Taylor, declare under penalty of perjury under the laws of the United States of America, as follows:
1. I am the Petitioner of the case 98-3 8407-A-7 filed in November 1998 at the Eastern District US Bankruptcy Court, I personally completed all paperwork and filed in person. I make this Declaration in support of my application for a Stay of the trial court's ruling, and request for injunctive relief or other orders directing Appellees to remove my name as an excluded provider pending the final outcome of this issue.
2. I am likely to suffer irreparable harm if this motion is not granted. I am out of practice and my patients have lost a doctor for no other reason than an allegation of failure to pay student loans. As a result of not. having my medical credentials verified by UCI, and not taking possession of the Certificate of Internship, which is identifies me as the holder of my credentials, I have been gravely disadvantaged. As stated in my moving papers, I had been only able to work interim jobs with staffing agencies in man-power shortage areas where service to patients exceeds strict verification requirements. This work has not provided me with steady, stable income sufficient to benefit from my career. Since the exclusion in 2009, I have not been able to work in the USA. I am currently without income from any source , Because of the exclusion, 1 am deprived of my interest in my profession and lack of funds denies me equal access to the courts, as the litigation process is expensive.
3. Now, with the exclusion, 1 cannot work at all because 1 am ineligible for malpractice insurance. 1 have been out of the practice of medicine for over a year as a result. Such an absence is suspicious to prospective employers, even staffing agencies in man-power shortage areas. Such an. absence is highly prejudicial to me regardless of whether or not I ultimately prevail in this case.
4. Most importantly, I left sick patients and am sought out by patients to act as their doctor. I am unable to treat them, which is unconscionable.
5. The exclusion itself violates the exemptions claim in the 1998 Bankruptcy Petition and Schedules and Appellees' actions are taking of my exempt property. "All licenses" were claimed as exempt in the Individual Statement of Intention , section a. Entitled Property to be Retained, I listed my license to practice medicine as a federal provider to be "exempt." Likewise, the California physician's license, an intangible, was listed on Schedule A (Personal Property; licenses and other intangibles), and on Schedule C - "Property Claimed as Exempt."
6. On May 10, 2011,1 filed a Motion for Civil Contempt, the subject of this appeal, originally assigned to Hon. David Russell, the Judge presiding over the 1998 Bankruptcy estate and author of the 1999 Discharge Order. However, Hon. David Russell was replaced by Hon. Christopher Klein after all the motions were filed. I read on the Court's website that Judge Klein used to be a litigator representing Appellee Department of Justice. The court clerk called me to tell me that the status conference and hearings were continued because Judge Klein had been assigned to the case, he was on vacation on the day of the scheduled hearings, and that he didn't want any other judge to hear this matter. 1 thought that was odd. This judge assignment change and continuances delayed the case for several months resulting in extended unemployment,
7. The Court docs have the power to discharge student loans. When the trial judge stated a "discharge is a discharge is a discharge" and that "it does not matter what the sentences say" that "straightforwardly, as a matter of law, that the discharge order can be very misleading" (Transcript from Sept 13 2011 Motion for Dismissal Hearing), I was shocked. Judge Klein argued that if the discharge order meant what it says it would "rewrite... 11 USC section 524. That is, in terms of the discharge, the court lacks authority to re-write the statute. The Congress did not say, unless the court otherwise orders, the discharge does the following. It specified precisely the terms of the discharge..." (Transcripts Sept 13, 2011, page 7). Klein wrote "All the order is saying is that section 524 is the injunction. It is not changing the terms of the statutory injunction one iota... The court has no authority to do that..." (discharge the student loan judgment under 523 as the order "misleads" by its language). Those statements are in direct contrast with everything I knew to be true and with cases I have read. If the language of the Order WAS misleading, it would appear that both the Appellees, their collection agents and I were all mislead for nearly a decade.
8. Klein argued that because there was no adversary hearing with summons and complaint that the 524 injunction could not apply to the student loan debtors. He correctly said 1 didn't understand. 1 read, in Espinoza, which citing Hood, a chapter 7 case, what the Honorable Justice Thomas said about that: "First, a 523 a8\s statutory requirement that a bankruptcy court find undue hardship before discharging a student loan debt is a precondition to obtaining a discharge order, not a limitation on the bankruptcy court's jurisdiction". Therefore I thought the court does have the power to discharge student loans, and the determination was made prior to the discharge order, as is in the order as written. Judge Thomas more pointedly added: "Second, the requirement that a bankruptcy court make this finding in an adversary proceeding derives from the bankruptcy rules... which are "procedural rules adopted by the court for the orderly transaction of its business" that are "not. jurisdictional." I don't understand how a ruling on a Ch. 13 case, using authority of a Ch. 7 case, makes this very clear logic inapplicable.
9, The Discharge Order is written in plain English, and is not misleading. Because I referred to the Declaration in Support of Discharge of Student Loans Due to Hardship under 523 (a)(8)(B) several times in the Schedules in response to required information, I informed the court that all student loans had been consolidated into a judgment and settlement term. The Discharge Order expressly addresses and discharges this debt:
"IT IS ORDERED THAT:
Any judgment heretofore or hereafter obtained in any court, other than this court is null and void as a determination of the personal liability of the debtor with respect to any of the following:
(a) debts dischargeable under USC section 523...; If this language is misleading I could not have known it, and could have avoided terminal sanctions of permanent exclusion far sooner than this instant case. For example, had I known that the 1999 Discharge Order did. not mean what was written in it, why did Appellees wait until after tny 2007 Hawaii Bankruptcy to collect? If I had known the Order was misleading, I could have included Appellees in that proceeding, avoiding terminal sanctions and eliminating any argument of laches.
10. Exclusion is a terminating professional sanction reserved for only the severest cases of unethical behavior, malpractice or fraud. Rarely are physicians excluded for defaulted student loans [97-104; 114, 163-168]. 1 was not in default at the time of discharge in 1998, but because loans that were said to be consolidated by the Dept. of Justice were in collection by multiple governmental departments and other creditors simultaneously, the debt was wildly out of control. Bankruptcy proceedings were necessary and largely curative until Appellees re-started collections in 2007. Any lengthy time out from practicing medicine tarnishes my record. I have to account and explain this delay which results in job denials. The delay itself will have the same effect as though Appellees prevailed in the appeal and any subsequent proceeding. See Taylor Dec. ¶8.
11.. During Oral argument, in dissent to the fact of this history, and declining to hear argument, Judge Klein said "1 was on the Rules Committee that writes the rules nationally in 1998, so 1 think 1 know how it worked..." [447:15-448:2]. But on his website (http:/7www.caeb.uscourt5.,a:ov/Jud,ees/Klein.aspx) it states that "From 20002007, Judge Klein was a member of Advisory Committee on Bankruptcy Rules of the Judicial Conference of the United States and the Advisory Committee on the Federal Rules of Evidence" (not in 1998), The publication "Advisory Committee on Bankrutpcy Rules, October, 1998,
http://www.uscourts.gov/uscoiiits/RulesA.ndPolicies/mies/Aeenda%20Books/Bankruptcy/BK1998-10.pdf) likewise does not include Judge Klein as a committee member, or participant, and the elimination of Discharge by Declaration is not included in the agenda.
12. While 1 believe the 1.999 Discharge Order resulted from a fully administered estate, and was final and the trial court's ruling was an abuse of discretion and error in law, I believe I will also prevail in this matter for the following reasons:
a) The trial court's ruling that the Petition, Schedules and Declaration are "irrelevant" and barred by laches is simply in error. The Declaration of Hardship was incorporated into the Petition, Schedules and Statement of Financial Affairs - it was referred to throughout, and made a part of the Petition. The Declaration of Hardship was a prayer for relief from student loans,
i.) The Statement of Affairs "must be answered". Exhibit A - the Declaration of Hardship Pursuant to 11 U.S.C. § 523(a)(8)(b), (the "Declaration") was the answer to questions in the Statement of Affairs. The Bankruptcy Code requires the Statement of Affairs "to be completed by every debtor... Each question must be answered" (Bold type in the Court's original instructions). And, "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".
ii) In the Statement of Affairs, the answer to Question 3, "Payments to Creditors" lists the US Attorney as a creditor. The answer to Question 4, "Suits, Executions, Garnishments and Attachments" required me to "list all suits to which the debtor is or was a party within one year prior to the filing of this case." I listed Case 779553 of the Orange County Superior Court, in which I was Plaintiff attempting to obtain possession of my residency credentials, a vital identifier for any physician, and the ultimate product of the student loan debt, I was (and remain) blacklisted by the University of California, Irvine's Psychiatry Department in retaliation for truthful statements to the Veterans Administration Inspector General in 1990, with regards to a series of recent suicides at the Long Beach VAMC about which I had knowledge. That case resulted in the very adverse ruling by the Judge that UC Irvine need not legally verify my education to anyone, precipitating the bankruptcy case with "Petition tor discharge of student loans under hardship pursuant, to 11 USC 523 (a)8(b)." The answer to Question 4 states: "Judge ruling Plaintiff Taylor must "start over" with residency education to proceed. See Declaration of Hardship. Exhibit A," Exhibit A is integral to the Statement of Affairs, and is not irrelevant as Judge Klein ruled.
iii, The Summary of Schedules is defined by the Court to "determine the total amount of the debtor's liabilities", and likewise, referencing the Declaration cannot be "irrelevant."
iv. Schedule D: The Court required that I "List creditors holding all types of secured interests such as judgment liens." Listed on Schedule D was the US Attorney which held the 1996 judgment and settlement that included student loans, and the Department of Education, The Declaration was incorporated into that schedule.
v. Schedule I - "Current Income of Individual Debtors": required that I "Describe any increase or decrease of more than 10% in any of the above categories anticipated to occur within the year following the filing of this document," There is no space provided on the form, and an attachment was necessary to answer that question, I wrote in my own handwriting on the form "See Declaration of Hardship - Exhibit A." The Declaration of Hardship thus also contained information that the court demanded as part of the required Schedule I.
vi. Exhibit D, tax returns: was also referenced in Schedule I, in addition to Exhibit A - "Declaration of Hardship" and integral to the Petition itself Tax returns were listed as Ex D on Schedule J - "Current Expenditures" along with "HEAL loans as "Installment payments" on Schedule J.
13, These facts and documents cannot be declared to be irrelevant 12 years later in a Contempt Dismissal, because they were actually required by the court. These same documents and facts are completely relevant because I plead that the same circumstances that existed in the Declaration, currently exist, and the trial court is required to consider all of my allegations in the moving papers as true.
14 Attached hereto as Exhibit 1 are true and correct copies of the original 1998 Ch. Bankruptcy Petition, Schedules, and Statement of Financial Affairs that I filed in the United States Bankrupty Court, Eastern District, which is incorporated hereto by reference to the Request for Judicial Notice [178:14-179:2]
I declare under penalty of perjury under the laws of the United States of America, that the foregoing is true and correct. Executed this 7th day of November, 2011, at Burbank, California.
TIMOTHY R. TAYLOR
+---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+ ¦VOLUNTARY PETITION (P art2) ¦Name of Debtor(s) ¦ ¦ ¦ ¦ ¦(This page must be completed in ovary case} ¦Timothy Robert Taylor ¦ +---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------¦ ¦Prior Bankruptcy Case Filed Within Last 6 Years ¦ ¦(if mors than one, attach additional sheet) ¦ +---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------¦ ¦Location: ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦None ¦Case Number; ¦Date Filed: ¦ ¦ ¦ ¦ ¦ ¦Dale Filed: ¦ ¦ ¦ +---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------¦ ¦Pending Bankruptcy Case tiled by any Spouse, Partner or Affiliate of this ¦ ¦Debtor (If mora than em, attach additional sheet) ¦ +---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------¦ ¦Name of Debtor: ¦ ¦ ¦ ¦ ¦Case Number ¦Date filed: ¦ ¦None ¦ ¦ ¦ +------------------------------------------------------------------------------------+------------------------------------------------------------------------------------------------------------------+-------------------------------------------------------------------------------------------------------¦ ¦District: ¦Relationship: ¦Judge: ¦ +---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------¦ ¦Signatures ¦ +---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------¦ ¦Signature(s) of Debtors) (Individual/Joint) ¦ ¦ ¦ ¦ ¦ ¦declare under penalty of perjury that the information provided in Bits petition is ¦ ¦ ¦ ¦ ¦ ¦true and con«ct, ¦ ¦ ¦ ¦Signature(s) of Debtor (Corporatoin/Partnership) ¦ ¦(If petitioner Is an Individual whoso debts am primarily consumer debts and has ¦ ¦ ¦ ¦I declare under penally of porjury that the information provided in this petition Is ¦ ¦chosen to file under chapter 7) 1 am aware that t may proceed under chapter 7, ¦ ¦ ¦ ¦true and correct, and 1he(1 have been authorized to file this petition on behalf of ¦ ¦11, 12 of 13 of title 11, united States Code, understand Big relief available ¦ ¦ ¦ ¦the debtor. ¦ ¦under each such chapter, and choose to proceed tinder chapter 7. ¦ ¦ ¦ ¦The debtor requests relief in accordance with the chapter of title 11, United ¦ ¦1 request relief In accordance with the chapter of Mia 11, United Slates Code, ¦ ¦ ¦ ¦States Code, specified in this petition, ¦ ¦(specified In mis petition. ¦ ¦ ¦ ¦Signature of Authorized Individual ¦ ¦Signature of Debtor. ¦ ¦ ¦ ¦Printed Name of Authorized Individual ¦ ¦Signature of Joint Debtor ¦ ¦ ¦ ¦Title of Authorized Individual Date ¦ ¦1-888-600-1S23 ¦ ¦ ¦ ¦ ¦ ¦Telephone Number (If not represented by attorney) ¦ ¦ ¦ ¦ ¦ ¦11/23/98 ¦ ¦ +------------------------------------------------------------------------------------+--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------¦ ¦Signature of Attorney ¦ ¦ ¦ ¦ ¦ ¦Signature of Attorney for Deblor(s) ¦ ¦ ¦ ¦ ¦ ¦Printed Name of Attorney for Debtor(s) ¦ ¦ ¦ ¦ ¦ ¦Firm Nome ¦ ¦ ¦ ¦ ¦ ¦Address ¦Signature of Non-Attorney Petition preparer ¦ ¦ ¦ ¦ ¦Telephone Number ¦l certify that) am a bankruptcy petition preparer as defined In 11 U.S.C, J 110, ¦ ¦ ¦ ¦ ¦Date ¦that 1 prepared this document for compensation, and that 1 haw provided the ¦ +------------------------------------------------------------------------------------¦ ¦ ¦Exhibit A ¦debtor with a copy of this document, ¦ ¦ ¦ ¦ ¦(To be completed if debtor is required to tile periodic reports ¦Printed Nemo of Bankruptcy Petition Preparer ¦ ¦ ¦ ¦ ¦(e.g., forms 10K and 10O) with the Soculites and Exchange ¦Social Security Number ¦ ¦ ¦ ¦ ¦Commission pursuant to Section 13 or 15(d) of the Securities ¦Address ¦ ¦ ¦ ¦ ¦Exchange Act of 1934 and is requesting refel under chapter 11) ¦Names and Social Security numbers of all other individuals who pre- ¦ ¦ ¦ ¦ ¦Q Exhibrtit A Is attached and made a pari of this petition. ¦pared or assisted in preparing this document, ¦ +------------------------------------------------------------------------------------¦ ¦ ¦Exhibit B ¦li more than one person prepared this document, attach additional sheets con- ¦ ¦ ¦ ¦ ¦(To bo completed if debtor is an Individual ¦forming to the appropriate chicial form for each person. ¦ ¦ ¦ ¦ ¦whoso debts are primarily consumer debts) ¦Signature of Bankruptcy Petition Preparer Date ¦ ¦ ¦ ¦ ¦I, the attorney for the petitioner named in the foregoing petition, declare thai 1 ¦A bankruptcy petition preparers failure to comply with the provisions of title 11 and the Federal Pules of Bankruptcy Procedure may result In fines or Imprisonment or both, 11 U.S.C. §110; 18 U.S.zc. § 1S6. ¦ ¦ ¦ ¦ ¦have Informed the petitioner that [he or she] may proceed under chapter 7, ¦ ¦ ¦ ¦ ¦ ¦II, 1£ or 13 of title 11, United States Code, and have explained the roller ¦ ¦ ¦ ¦ ¦ ¦available under each such chapter. ¦ ¦ ¦ ¦ ¦ ¦Signature of Attorney (or Deblor(s) Data ¦ ¦ +---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+
United States Bankruptcy Court
EASTERN DISTRICT OF SACRAMENTO
In re Timothy Robert Taylor Debtor
Case No.____
(If known)
SUMMARY OF SCHEDULES
Indicate as to each schedule whether that schedule la attached and state the number at pages in each. Report totals from Schedules A.B.D.E.F, I and J in the bus provided. Add the amounts from Schedules A and B to determine the total amount of the debtor's assets. Add the amounts from Schedules D, E. and F to determine the total amount of the debtor's liabilities.
+-----------------------------------------------------------------------------+ ¦ ¦AMOUNTS SCHEDULED ¦ ¦ +----------------------------------------------+---------------------+--------¦ ¦NAME OF SCHEDULE ¦ATTACHED ¦NO, OF ¦ASSETS ¦LIABILITIES¦OTHER ¦ ¦ ¦(YES/NO) ¦SHEETS ¦ ¦ ¦ ¦ +---------------------------+----------+-------+---------+-----------+--------¦ ¦ ¦ ¦ ¦0.00 ¦ ¦ ¦ ¦A Real Property ¦Yes ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦$ ¦ ¦ ¦ +---------------------------+----------+-------+---------+-----------+--------¦ ¦ ¦ ¦ ¦3361 ¦ ¦ ¦ ¦B - Persons Property ¦Yes ¦3 ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦$ ¦ ¦ ¦ +---------------------------+----------+-------+---------+-----------+--------¦ ¦C. Property Claimed ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Yes ¦1 ¦ ¦ ¦ ¦ ¦as Exempt ¦ ¦ ¦ ¦ ¦ ¦ +---------------------------+----------+-------+---------+-----------+--------¦ ¦D Creditors Holding ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Yes ¦3 ¦ ¦773,000.00 ¦ ¦ ¦Secured Claims ¦ ¦ ¦ ¦ ¦ ¦ +---------------------------+----------+-------+---------+-----------+--------¦ ¦E - Creditors Holding ¦ ¦ ¦ ¦$1,651 ¦ ¦ ¦ ¦Yes ¦7 ¦ ¦,423.00 ¦ ¦ ¦Unsecured Priority Claims ¦ ¦ ¦ ¦ ¦ ¦ +---------------------------+----------+-------+---------+-----------+--------¦ ¦F - Creditors Holding ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Yes ¦1 ¦ ¦$ ¦ ¦ ¦Unsecured Non-Priority ¦ ¦ ¦ ¦868,430.69 ¦ ¦ ¦Claims: ¦ ¦ ¦ ¦ ¦ ¦ +---------------------------+----------+-------+---------+-----------+--------¦ ¦G Executory Contracts and ¦Yes ¦1 ¦ ¦ ¦ ¦ ¦Unexpired Leases ¦ ¦ ¦ ¦ ¦ ¦ +---------------------------+----------+-------+---------+-----------+--------¦ ¦H - Codobtors ¦Yes ¦1 ¦ ¦ ¦ ¦ +---------------------------+----------+-------+---------+-----------+--------¦ ¦Currant Income of ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Yes ¦1 Exh D¦ ¦ ¦$2290.00¦ ¦individual Debtors ¦ ¦ ¦ ¦ ¦ ¦ +---------------------------+----------+-------+---------+-----------+--------¦ ¦ ¦ ¦ ¦ ¦ ¦3575.00 ¦ ¦J - Current Expenditures of¦Yes ¦1 ¦ ¦ ¦+ ¦ ¦Individual Dubtor(s) ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦$ ¦ +--------------------------------------+-------+---------+-----------+--------¦ ¦Total Number of Sheets of ALL ¦ ¦ ¦ ¦ ¦ ¦Schedueds ¦ ¦ ¦ ¦ ¦ +--------------------------------------+-------+---------+-----------+--------¦ ¦ ¦Total ¦$ 3361 ¦ ¦ ¦ ¦ ¦Assets ¦ ¦ ¦ ¦ +----------------------------------------------+---------+-----------+--------¦ ¦ ¦Total ¦$ ¦ ¦ ¦ ¦Libillton¦ ¦ ¦ +-----------------------------------------------------------------------------+
SCHEDULE B - PERSONAL PROPERTY
(Continuation Sheet)
+-----------------------------------------------------------------------------+ ¦ ¦ ¦ ¦¦CURRENT ¦ ¦ ¦ ¦ ¦¦ ¦ ¦ ¦ ¦ ¦¦MARKET ¦ ¦ ¦ ¦ ¦¦VALUE ¦ ¦ ¦ ¦ ¦¦ ¦ ¦ ¦ ¦ ¦¦OF ¦ ¦ ¦ ¦ ¦¦DEBTOR'S ¦ ¦ ¦ ¦ ¦¦ ¦ ¦ ¦ ¦ ¦¦INTEREST ¦ ¦ ¦ ¦DESCRIPTION ¦¦IN ¦ ¦TYPE OF PROPERTY ¦ ¦AND LOCATION ¦¦ ¦ ¦ ¦ ¦OF PROPERTY ¦¦PROPERTY,¦ ¦ ¦ ¦ ¦¦WITHOUT ¦ ¦ ¦ ¦ ¦¦ ¦ ¦ ¦ ¦ ¦¦DEDUCTING¦ ¦ ¦ ¦ ¦¦ANY ¦ ¦ ¦ ¦ ¦¦ ¦ ¦ ¦ ¦ ¦¦SECURED ¦ ¦ ¦ ¦ ¦¦CLAIM ¦ ¦ ¦ ¦ ¦¦ ¦ ¦ ¦ ¦ ¦¦OR ¦ ¦ ¦ ¦ ¦¦EXEMPTION¦ +-------------------------------------------------+--+-------------++---------¦ ¦11. Interests in IRA, ERISA, Keogh of other ¦XX¦ ¦¦ ¦ ¦pension or profit sharing plana. Itemize. ¦ ¦ ¦¦ ¦ +-------------------------------------------------+--+-------------++---------¦ ¦12, Stock and interests In incorporated and ¦XX¦ ¦¦ ¦ ¦unincorporated businesses, Itemize, ¦ ¦ ¦¦ ¦ +-------------------------------------------------+--+-------------++---------¦ ¦13. Interests in partnerships or point ¦XX¦ ¦¦ ¦ ¦ventures, itemize. ¦ ¦ ¦¦ ¦ +-------------------------------------------------+--+-------------++---------¦ ¦14. Government and corporate bonds and other ¦XX¦ ¦¦ ¦ ¦negotiable and nonnegotable Instruments, ¦ ¦ ¦¦ ¦ +-------------------------------------------------+--+-------------++---------¦ ¦15, Accounts Receivable. ¦ ¦ ¦¦ ¦ +-------------------------------------------------+--+-------------++---------¦ ¦16, Alimony, maintenance, support, and property¦ ¦ ¦¦ ¦ ¦settlements to which the debtor is or may be ¦XX¦ ¦¦ ¦ ¦entitled. Give particulars. ¦ ¦ ¦¦ ¦ +-------------------------------------------------+--+-------------++---------¦ ¦17, Other liquidated debts owing debtor ¦XX¦ ¦¦ ¦ ¦including tax rotunds. Give particulars. ¦ ¦ ¦¦ ¦ +-------------------------------------------------+--+-------------++---------¦ ¦18. Equitable or future interests, life ¦ ¦ ¦¦ ¦ ¦estates, and rights or powers exercisable for the¦XX¦ ¦¦ ¦ ¦benefit of the debtor other than those listed in ¦ ¦ ¦¦ ¦ ¦Schedule of Real Property. ¦ ¦ ¦¦ ¦ +-------------------------------------------------+--+-------------++---------¦ ¦19. Contingent end non-contingent interests In ¦ ¦ ¦¦ ¦ ¦estate of a decedent, death benefit plan, life ¦XX¦ ¦¦ ¦ ¦Insurance policy, or trust. ¦ ¦ ¦¦ ¦ +-------------------------------------------------+--+-------------++---------¦ ¦20. Other contingent and unliquidated claims of¦ ¦ ¦¦ ¦ ¦every nature, including tax refunds, ¦XX¦ ¦¦ ¦ ¦counterclaims of the debtor, and rights to setoff¦ ¦ ¦¦ ¦ ¦claims. Give estimated value of each. ¦ ¦ ¦¦ ¦ +-------------------------------------------------+--+-------------++---------¦ ¦21. Palents, copyrights, and other intellectual ¦XX¦ ¦¦ ¦ ¦property- Give particulars. ¦ ¦ ¦¦ ¦ +-------------------------------------------------+--+-------------++---------¦ ¦22, Licenses, franchises, and other general ¦XX¦ ¦¦ ¦ ¦intangibles. Give particulars. ¦ ¦ ¦¦ ¦ +-----------------------------------------------------------------------------+
SCHEDULE B - PERSONAL PROPERTY
Except as directed below, list ail personal property of th© 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 labeted "None." If additional space is needed in any category, attach a separate sheet properly identified with the case name, and the number of the category. If th© debtor is married, state whether husband, wife or both own the property by placing an "H," "W," "J,M 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-Proparty 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."
+-----------------------------------------------------------------------------+ ¦ ¦ ¦ ¦¦CURRENT ¦ ¦ ¦ ¦ ¦¦ ¦ ¦ ¦ ¦ ¦¦MARKET ¦ ¦ ¦ ¦ ¦¦VALUE ¦ ¦ ¦ ¦ ¦¦ ¦ ¦ ¦ ¦ ¦¦OF ¦ ¦ ¦ ¦ ¦¦DEBTOR'S ¦ ¦ ¦ ¦ ¦¦ ¦ ¦ ¦ ¦ ¦¦INTEREST ¦ ¦ ¦ ¦DESCRIPTION AND ¦¦IN ¦ ¦TYPE OF PROPERTY ¦ ¦LOCATION OF ¦¦ ¦ ¦ ¦ ¦PROPERTY ¦¦PROPERTY,¦ ¦ ¦ ¦ ¦¦WITHOUT ¦ ¦ ¦ ¦ ¦¦ ¦ ¦ ¦ ¦ ¦¦DEDUCTING¦ ¦ ¦ ¦ ¦¦ANY ¦ ¦ ¦ ¦ ¦¦ ¦ ¦ ¦ ¦ ¦¦SECURED ¦ ¦ ¦ ¦ ¦¦CLAIM ¦ ¦ ¦ ¦ ¦¦ ¦ ¦ ¦ ¦ ¦¦OR ¦ ¦ ¦ ¦ ¦¦EXEMPTION¦ +---------------------------------------------+--+-----------------++---------¦ ¦1. Cosh on riBJid. ¦ ¦ ¦¦$16100 ¦ +---------------------------------------------+--+-----------------++---------¦ ¦ ¦ ¦Bank of America ¦¦ ¦ ¦ ¦ ¦ ¦¦ ¦ ¦ ¦ ¦6678 Clark Road ¦¦ ¦ ¦2, Chocking, savings or other financial ¦ ¦ ¦¦ ¦ ¦accounts. eartiflsalas of deposit, or shares ¦ ¦Paradise, CA ¦¦$85.00 ¦ ¦in t>6u-kks, savtogs and loan, thrift, ¦ ¦95969 ¦¦ ¦ ¦building and loan, and homestead asscdatfons,¦ ¦ ¦¦$25.00 ¦ ¦or credit unions, broKerago houses, or coop ¦ ¦Checking ¦¦ ¦ ¦ ¦ ¦AcctrT'2778503875¦¦ ¦ ¦ ¦ ¦Savings # ¦¦ ¦ ¦ ¦ ¦27782-00447 ¦¦ ¦ +---------------------------------------------+--+-----------------++---------¦ ¦3 ____ ¦ ¦ ¦¦ ¦ ¦ ¦XX¦ ¦¦ ¦ ¦____ and lords, and others. ¦ ¦ ¦¦ ¦ +---------------------------------------------+--+-----------------++---------¦ ¦ ¦ ¦ ¦¦$125.00 ¦ ¦4, Household goods and fur^stilngs, ¦ ¦Stereo ¦¦ ¦ ¦including studio, video, and computer ¦ ¦ ¦¦$400.00 ¦ ¦equipment ¦ ¦Computer Futon ¦¦ ¦ ¦ ¦ ¦ ¦¦$40.00 ¦ +---------------------------------------------+--+-----------------++---------¦ ¦5. Boots; pictures mid other art objects; ¦ ¦ ¦¦ ¦ ¦ ¦ ¦Books ¦¦$50.00 ¦ ¦antique};; stamp, coin, record, tape, compact¦ ¦ ¦¦ ¦ ¦disc, and other collections or col- ¦ ¦Compact Discs ¦¦$35.00 ¦ ¦ ¦ ¦ ¦¦ ¦ ¦lectibles. ¦ ¦ ¦¦ ¦ +---------------------------------------------+--+-----------------++---------¦ ¦6. Wearing apparel. ¦ ¦clothing ¦¦$50,00 ¦ +---------------------------------------------+--+-----------------++---------¦ ¦7, Furs and Jewelry. ¦ ¦Watch ¦¦$35.00 ¦ +---------------------------------------------+--+-----------------++---------¦ ¦8, Firearms mvi sports, photographic and ¦ ¦Camera ¦¦$150.00 ¦ ¦ ¦ ¦ ¦¦ ¦ ¦other hobby equipment. ¦ ¦Hobble Tools ¦¦$50.00 ¦ +---------------------------------------------+--+-----------------++---------¦ ¦9. Interests In Insurance policies. Name ¦ ¦ ¦¦ ¦ ¦ ¦ ¦ ¦¦ ¦ ¦Insurance company of each policy and ¦XX¦ ¦¦ ¦ ¦ ¦ ¦ ¦¦ ¦ ¦Itemize surrender or rotund value of each. ¦ ¦ ¦¦ ¦ +---------------------------------------------+--+-----------------++---------¦ ¦10. Annuities. Itemize and name each____ ¦XX¦ ¦¦ ¦ +-----------------------------------------------------------------------------+
SCHEDULE A - REAL PROPERTY
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 co-tenant, community property, or in which the debtor has a life estate. Include any property in which the debtor holds the rights and powers exercisable for me debtor's own benefit. If the debtor is married, state whether husband, wife or both 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 teases 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.
+-----------------------------------------------------------------------------+ ¦ ¦ ¦¦CURRENT ¦ ¦ ¦ ¦ ¦¦ ¦ ¦ ¦ ¦ ¦¦MARKET VALUE¦ ¦ ¦ ¦ ¦¦ ¦ ¦ ¦ ¦ ¦¦OF DEBTOR'S ¦ ¦ ¦ ¦ ¦¦ ¦ ¦ ¦ ¦ ¦¦INTEREST IN ¦AMOUNT ¦ ¦ ¦ ¦¦ ¦OF ¦ ¦DESCRIPTION AND LOCATION ¦NATURE OF DEBTOR'S INTEREST ¦¦PROPERTY, ¦ ¦ ¦OF PROPERTY ¦IN PROPERTY ¦¦WITHOUT ¦SECURED¦ ¦ ¦ ¦¦ ¦ ¦ ¦ ¦ ¦¦DEDUCTING ¦CLAIM ¦ ¦ ¦ ¦¦ANY ¦ ¦ ¦ ¦ ¦¦ ¦ ¦ ¦ ¦ ¦¦SECURED ¦ ¦ ¦ ¦ ¦¦CLAIM ¦ ¦ ¦ ¦ ¦¦ ¦ ¦ ¦ ¦ ¦¦OR EXEMPTION¦ ¦ +--------------------------+----------------------------++------------+-------¦ ¦None ¦ ¦¦ ¦ ¦ +-----------------------------------------------------------------------------+
SCHEDULE B - PERSONAL PROPERTY
(Continuation Sheet)
+-----------------------------------------------------------------------------+ ¦ ¦ ¦DESCRIPTION AND ¦¦CURRENT MARKET VALUE OF DEBTOR'S¦ ¦TYPE OF PROPERTY ¦ ¦LOCATION OF ¦¦INTEREST IN PROPERTY, WITHOUT ¦ ¦ ¦ ¦PROPERTY ¦¦DEDUCTING ANY SECURED CLAIM OR ¦ ¦ ¦ ¦ ¦¦EXEMPTION ¦ +----------------------+--+-----------------++--------------------------------¦ ¦23. Automobiles, ¦ ¦ ¦¦ ¦ ¦trucks, trailers, and ¦ ¦ ¦¦ ¦ ¦other ¦ ¦1974 Ford Mustang¦¦$500.00 ¦ ¦ ¦ ¦II ¦¦ ¦ ¦Vehicles and ¦ ¦ ¦¦ ¦ ¦accessories. ¦ ¦ ¦¦ ¦ +----------------------+--+-----------------++--------------------------------¦ ¦24. Boats, motors, and¦ ¦ ¦¦ ¦ ¦accessories. ¦ ¦ ¦¦ ¦ +----------------------+--+-----------------++--------------------------------¦ ¦25, Aircraft and ¦XX¦ ¦¦ ¦ ¦accessories. ¦ ¦ ¦¦ ¦ +----------------------+--+-----------------++--------------------------------¦ ¦26. Office equipment, ¦ ¦Paper, ink, pans,¦¦ ¦ ¦furnishings, and ¦ ¦envelopes, ¦¦$50.00 ¦ ¦ ¦ ¦postage stamps, ¦¦ ¦ ¦supplies. ¦ ¦calculator ¦¦ ¦ +----------------------+--+-----------------++--------------------------------¦ ¦27. Machinery, ¦ ¦ ¦¦ ¦ ¦fixtures, equipment, ¦ ¦Diagnostic tools ¦¦$50*00 ¦ ¦and supplies used in ¦ ¦(stethoscope) ¦¦ ¦ ¦business. ¦ ¦ ¦¦ ¦ +----------------------+--+-----------------++--------------------------------¦ ¦28, inventory. ¦XX¦ ¦¦ ¦ +----------------------+--+-----------------++--------------------------------¦ ¦29, Animals, ¦XX¦ ¦¦ ¦ +----------------------+--+-----------------++--------------------------------¦ ¦30. Crops-growing or ¦ ¦ ¦¦ ¦ ¦harvested. Give ¦XX¦ ¦¦ ¦ ¦particulars. ¦ ¦ ¦¦ ¦ +----------------------+--+-----------------++--------------------------------¦ ¦31, Farming equipment ¦XX¦ ¦¦ ¦ ¦and Implements. ¦ ¦ ¦¦ ¦ +----------------------+--+-----------------++--------------------------------¦ ¦32. Farm supplies, ¦XX¦ ¦¦ ¦ ¦chemicals, and feed. ¦ ¦ ¦¦ ¦ +----------------------+--+-----------------++--------------------------------¦ ¦33. Other personal ¦ ¦ ¦¦ ¦ ¦property of any kind ¦ ¦Washer and Dryer ¦¦$300.00 ¦ ¦not already listed, ¦ ¦ ¦¦ ¦ ¦Itemizo. ¦ ¦ ¦¦ ¦ +--------------------------------------------+--------------------------------¦ ¦continuation sheets attached Total ¦ ¦ +-----------------------------------------------------------------------------+
SCHEDULE C - PROPERTY CLAIMED AS EXEMPT
Debtor elects the exemptions to which debtor Is entitled under:
(Check one box)
[] 11 U.S.a §S22(b)(1); Exemptions provided in 11 U.S.C. §522{d). Nate;7*ese exemptions are available only in certain states.
[X] 11 U.S.G. §522（b)(2): Exemptions available under applicable nonbankruptcy federal laws, state or local law where the debtor's domicile has been located for the 160 Immediately preceding the filing of the petition, or for a fonger portion of the 180-day period than in any other place, and the debtor's interest as a tenant: by the entirety or joint tenant to the extent the interest Is exempt from process under applicable nonbankruptcy law.
+-------------------------------------------------------------------------------------+ ¦ ¦ ¦ ¦CURRENT ¦ ¦ ¦ ¦ ¦MAHKET ¦ ¦ ¦SPECIFY LAW ¦VALUE OF ¦VALUE OF ¦ ¦DESCRIPTION OF PROPERTY ¦PROVIDING EACH ¦CLAIMED ¦PROPERTY ¦ ¦ ¦EXEMPTION ¦EXEMPTION ¦WITHOUT ¦ ¦ ¦ ¦ ¦DEDUCTING¦ ¦ ¦ ¦ ¦EXEMPTION¦ +------------------------------------------+-------------------+------------+---------¦ ¦ ¦ ¦500000 ¦500 .00 ¦ ¦ ¦ ¦ ¦ ¦ ¦Personal Property ¦ ¦50-00 ¦50.00 ¦ ¦ ¦CA Civil ¦ ¦ ¦ ¦1974 Mustang 2 Books ¦Code Sec. 703.140 ¦400.00 ¦400.00 ¦ ¦ ¦ ¦ ¦ ¦ ¦Household Goods Clothing Jewelry (watch) ¦ ¦50.00 ¦50,00 ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦35.00 ¦35.00 ¦ +------------------------------------------+-------------------+------------+---------¦ ¦Miscellaneous ¦ ¦ ¦int. ¦ ¦ ¦ ¦intangible ¦ ¦ ¦CA physicians license ¦ ¦ ¦int. ¦ ¦ ¦ ¦intangible ¦ ¦ ¦DEA certificate ¦ ¦ ¦25,00 ¦ ¦ ¦CA CC Sec 703.140 ¦500.00 ¦ ¦ ¦spectacles/contacts ¦ ¦ ¦400.00 ¦ ¦ ¦ ¦400.00 ¦ ¦ ¦Computer ¦ ¦ ¦300.00 ¦ ¦ ¦ ¦300.00 ¦ ¦ ¦Washer and Dryer ¦ ¦ ¦KI00-12 ¦ +-------------------------------------------------------------------------------------+
SCHEDULE D - CREDITORS HOLDING SECURE CLAIMS
State the name, mailing address, including zip code, and account number, if any, of ail entities holding claims secured by property of the debtor as of the date of filing of the petition. 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 all secured creditors wilt not fit on this page, use the continuation sheet provided.
If any entity other then 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 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 art "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.
[] Check this box if debtor has no creditors holding secured claims to report on this Schedule D,
+-----------------------------------------------------------------------------+ ¦ ¦¦¦DATE CLAIM WAS ¦¦¦AMOUNT OF ¦ ¦ ¦ ¦¦¦INCURRED, NATURE OF ¦¦¦CLAIM ¦ ¦ ¦ ¦¦¦LIEN. AND ¦¦¦ ¦ ¦ ¦CREDITOR'S NAME AND ¦¦¦ ¦¦¦WITHOUT ¦UNSECURED ¦ ¦MAILING ADDRESS INCLUDING ¦¦¦DESCRIPTION AND MARKET¦¦¦DEDUCTING ¦PORTION, IF ¦ ¦ZIP CODE ¦¦¦ ¦¦¦ ¦ANY ¦ ¦ ¦¦¦VALUE OF PROPERTY ¦¦¦VALUE OF ¦ ¦ ¦ ¦¦¦ ¦¦¦COLLATERAL¦ ¦ ¦ ¦¦¦SUBJECT TO LIEN ¦¦¦ ¦ ¦ +--------------------------+++----------------------+++----------+------------¦ ¦ACCOUNT NO. ¦¦¦VALUE $ ¦¦¦ ¦ ¦ +--------------------------+++----------------------+++----------+------------¦ ¦ACCOUNT NO. ¦¦¦VALUE $ ¦¦¦ ¦ ¦ +--------------------------+++----------------------+++----------+------------¦ ¦ACCOUNT NO. ¦¦¦VALUE $ ¦¦¦ ¦ ¦ +--------------------------+++----------------------+++----------+------------¦ ¦ACCOUNT NO. ¦¦¦VALUE $ ¦¦¦ ¦ ¦ +-----------------------------------------------------+----------+------------¦ +-----------------------------------------------------------------------------+
2 Continuation sheets attached
Subtotal
(Total of this page)
Total
[Use only on last page of the completed Schedule f]
*If contingent, enter C; if unliquidated, enter D; if disputed, enter D.
(Report total also on Summary of Schedules)
SCHEDULE D - CREDITORS HOLDING SECURE CLAIMS
(Continuation Sheet)
+-----------------------------------------------------------------------------+ ¦ ¦¦¦ ¦¦¦¦AMOUNT OF ¦ ¦ ¦ ¦¦¦DATE CLAIM WAS INCURRED, ¦¦¦¦CLAIM ¦ ¦ ¦ ¦¦¦NATURE OF LIEN, AND ¦¦¦¦ ¦UNSECURED¦ ¦CREDITOR'S NAME AND ¦¦¦ ¦¦¦¦WITHOUT ¦ ¦ ¦MAILING ADDRESS ¦¦¦DESCRIPTION AND MARKET ¦¦¦¦ ¦PORTION, ¦ ¦ ¦¦¦ ¦¦¦¦DEDUCTING ¦ ¦ ¦INCLUDING ZIP CODE ¦¦¦VALUE OF PROPERTY ¦¦¦¦ ¦IF ANY ¦ ¦ ¦¦¦ ¦¦¦¦V0ALUE OF ¦ ¦ ¦ ¦¦¦SUBJECT TO LIEN ¦¦¦¦ ¦ ¦ ¦ ¦¦¦ ¦¦¦¦COLLATERAL¦ ¦ +----------------------+++----------------------------++++----------+---------¦ ¦ACCOUNT NO. ¦¦¦VALUE $ ¦¦¦¦ ¦ ¦ +----------------------+++----------------------------++++----------+---------¦ ¦ACCOUNT NO. ¦¦¦VALUE $ ¦¦¦¦ ¦ ¦ +----------------------+++----------------------------++++----------+---------¦ ¦ACCOUNT NO. ¦¦¦VALUE $ ¦¦¦¦ ¦ ¦ +----------------------+++----------------------------++++----------+---------¦ ¦ACCOUNT NO. ¦¦¦VALUE $ ¦¦¦¦ ¦ ¦ +----------------------+++----------------------------++++----------+---------¦ ¦ACCOUNT NO. ¦¦¦VALUE $ ¦¦¦¦ ¦ ¦ +--------------------------------------------------------+----------+---------¦ ¦ ¦$ ¦ ¦ +-----------------------------------------------------------------------------+
Sheet no. 1 of 2 sheets attached to Schedule of Creditors Holding Unsecured Nonpriority Claims
Subtotal
(Total of this page)
Total0
[Use only on last page of the completed Schedule f]
(Report total also on Summary of Schedules)
SCHEDULE D - CREDITORS HOLDING SECURE CLAIMS
(Continuation Sheet)
+-----------------------------------------------------------------------------+ ¦ ¦¦¦DATE CLAIM WAS ¦¦¦¦AMOUNT OF ¦ ¦ ¦ ¦¦¦INCURRED, NATURE OF ¦¦¦¦CLAIM ¦ ¦ ¦ ¦¦¦LIEN. AND ¦¦¦¦ ¦ ¦ ¦CREDITOR'S NAME AND ¦¦¦ ¦¦¦¦WITHOUT ¦UNSECURED ¦ ¦MAILING ADDRESS INCLUDING ¦¦¦DESCRIPTION AND ¦¦¦¦ ¦PORTION, IF ¦ ¦ZIP CODE ¦¦¦MARKET ¦¦¦¦DEDUCTING ¦ANY ¦ ¦ ¦¦¦ ¦¦¦¦ ¦ ¦ ¦ ¦¦¦VALUE OF PROPERTY ¦¦¦¦VALUE OF ¦ ¦ ¦ ¦¦¦SUBJECT TO LIEN ¦¦¦¦COLLATERAL¦ ¦ +--------------------------+++---------------------++++----------+------------¦ ¦ACCOUNT NO. ¦¦¦ ¦¦¦¦ ¦ ¦ +--------------------------+++---------------------++++----------+------------¦ ¦ACCOUNT NO. ¦¦¦VALUE $ ¦¦¦¦ ¦ ¦ +--------------------------+++---------------------++++----------+------------¦ ¦ACCOUNT NO. ¦¦¦VALUE $ ¦¦¦¦ ¦ ¦ +--------------------------+++---------------------++++----------+------------¦ ¦ACCOUNT NO ¦¦¦VALUE # ¦¦¦¦ ¦ ¦ +--------------------------+++---------------------++++----------+------------¦ ¦ACCOUNT NO, ¦¦¦VALUE $ ¦¦¦¦ ¦ ¦ +-----------------------------------------------------+----------+------------¦ +-----------------------------------------------------------------------------+
Sheet no. 2 of 2 sheets attached to Schedule of Creditors Holding Unsecured Nonpriority Claims
Subtotal
(Total of this page)
Total
[Use only on last page of the completed Schedule f]
(Report total also on Summary of Schedules)
SCHEDULE E - CREDITORS HOLDING UNSECURED PRIORITY CLAIMS
[] Chock this box if debtor has no creditors holding unsecured claims to report on this Schedule E,
TYPE OF PRIORITY CLAIMS (Check the appropriate oox(es) below if claims in trial category are listed on trie attached sheets)
[] Extensions of credit In on Involuntary case Claims rising 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 ____ or Hie order (or relief. 11 U.S.C, 5507 (a)(2)
[]Wages, salaries, and commissions Wages, salaries, and commissions, including vacation, severance, and so leave pay owing to employees, and commissions owing to qualifying Independent sales representatives up to S4,000 per person, earned with 90 days immediately preceding the filing of the original petition or the cessation of business, whichever occurred first, to the extent provided III 11 US,C. §507 (a)(a).
[] Contributions to employee benefit plan 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)(4).
[] Certain farmers and fishermen Claims of certain farmers and fishermen, up to $4,000" per farmer or fisherman, against the debtor, as provided in 11 U.S.C. § 507 (a)(5).
[] Deposits by individuals Claims of individuals up to $1 ,S00' for deposits for the purchase, lease, or rental of property or services tor personal, family, or household use that were not delivered or provided. 11 U.S.C. §507 fa)[6).
[] Alimony, Maintenance, or Support Claims of a spouse, former spouse, or child of the debtor for alimony, maintenance, or support, to the extent provided 11 U.S.C. 5507 (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, FTTC. Director of lite Office of Thrift Supervision, Completed 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).
* Amounts era subject to adjustment on April 1,1998, and every throe years thereafter with respect 10 cases commenced on or after the date of adjustment
+-----------------------------------------------------------------------------------------------------------------------------+ ¦CREDITOR'S NAME AND MAILING ADDRESS ¦¦¦DATE CLAIM WAS ¦¦ ¦ ¦ ¦ ¦¦¦INCURRED AND ¦¦TOTAL. AMOUNT OFCLAIM ¦AMOUNT ENTITLED TO PRIORITY ¦ ¦INCLUDING ZIP CODE ¦¦¦CONSIDERATION FOR CLAIM ¦¦ ¦ ¦ +-------------------------------------+++-------------------------++----------------------------+-----------------------------¦ ¦A/C# ¦¦¦ ¦¦ ¦ ¦ +--------------------------------------++-------------------------++----------------------------+-----------------------------¦ +--------------------------------------++-------------------------++----------------------------+-----------------------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +--------------------------------------++-------------------------++----------------------------+-----------------------------¦ +--------------------------------------++-------------------------++----------------------------+-----------------------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +--------------------------------------++-------------------------++----------------------------+-----------------------------¦ +--------------------------------------++-------------------------++----------------------------+-----------------------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +--------------------------------------++-------------------------++----------------------------+-----------------------------¦ +--------------------------------------++-------------------------++----------------------------+-----------------------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +--------------------------------------++-------------------------++----------------------------+-----------------------------¦ +------------------------------------------------------------------+----------------------------+-----------------------------¦ +-----------------------------------------------------------------------------------------------------------------------------+
6 Continuation sheets attached
Subtotal
(Total of this page)
Total
[Use only on last page of the completed Schedule f]
*If contingent, enter C; if unliquidated, enter D; if disputed, enter D.
(Report total also on Summary of Schedules)
SCHEDULE E - CREDITORS HOLDING UNSECURED PRIORITY CLAIMS
(Continuation Sheet)
+------------------------------------------------------------------------------------------------------------------------------------------+ ¦CREDITOR'S NAME AND MAILING ADDRESS ¦¦¦DAT£ CLAIM WAS ¦¦ ¦ ¦ ¦ ¦¦¦ ¦¦TOTAL. AMOUNT OFCLAIM ¦AMOUNT ENTITLED TO PRIORITY ¦ ¦INCLUDING ZIP CODE ¦¦¦INCURRED AND CONSIDERATION FOR CLAIM ¦¦ ¦ ¦ +-------------------------------------+++--------------------------------------++----------------------------+-----------------------------¦ +--------------------------------------++--------------------------------------++----------------------------+-----------------------------¦ +--------------------------------------++--------------------------------------++----------------------------+-----------------------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +--------------------------------------++--------------------------------------++----------------------------+-----------------------------¦ +--------------------------------------++--------------------------------------++----------------------------+-----------------------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +--------------------------------------++--------------------------------------++----------------------------+-----------------------------¦ +--------------------------------------++--------------------------------------++----------------------------+-----------------------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +--------------------------------------++--------------------------------------++----------------------------+-----------------------------¦ +--------------------------------------++--------------------------------------++----------------------------+-----------------------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +--------------------------------------++--------------------------------------++----------------------------+-----------------------------¦ +--------------------------------------++--------------------------------------++----------------------------+-----------------------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +--------------------------------------++--------------------------------------++----------------------------+-----------------------------¦ +--------------------------------------++--------------------------------------++----------------------------+-----------------------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +--------------------------------------++--------------------------------------++----------------------------+-----------------------------¦ +--------------------------------------++--------------------------------------++----------------------------+-----------------------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +--------------------------------------++--------------------------------------++----------------------------+-----------------------------¦ +--------------------------------------++--------------------------------------++----------------------------+-----------------------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +--------------------------------------++--------------------------------------++----------------------------+-----------------------------¦ +--------------------------------------++--------------------------------------++----------------------------+-----------------------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +--------------------------------------++--------------------------------------++----------------------------+-----------------------------¦ +--------------------------------------++--------------------------------------++----------------------------+-----------------------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +--------------------------------------++--------------------------------------++----------------------------+-----------------------------¦ +-------------------------------------------------------------------------------+----------------------------+-----------------------------¦ +------------------------------------------------------------------------------------------------------------------------------------------+
6 Continuation sheets attached
Subtotal
(Total of this page)
Total
[Use only on last page of the completed Schedule f]
*If contingent, enter C; if unliquidated, enter D; if disputed, enter D.
(Report total also on Summary of Schedules)
SCHEDULE E - CREDITORS HOLDING UNSECURED PRIORITY CLAIMS
(Continuation Sheet)
+----------------------------------------------------------------------------------------------+ ¦ ¦¦¦DATE CLAIM WAS ¦¦TOTAL ¦AMOUNT ¦ ¦CREDITOR'S NAME AND MAILING ADDRESS ¦¦¦ ¦¦ ¦ ¦ ¦ ¦¦¦INCURRED AMD CONSIDERATION ¦¦AMOUNT ¦ENTITLED ¦ ¦INCLUDING ZIP CODE ¦¦¦ ¦¦ ¦ ¦ ¦ ¦¦¦FOR CLAIM ¦¦OF CLAIM ¦TO PRIORITY ¦ +-------------------------------------+++----------------------------++----------+-------------¦ +--------------------------------------++----------------------------++----------+-------------¦ +--------------------------------------++----------------------------++----------+-------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +--------------------------------------++----------------------------++----------+-------------¦ +--------------------------------------++----------------------------++----------+-------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +--------------------------------------++----------------------------++----------+-------------¦ +--------------------------------------++----------------------------++----------+-------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +--------------------------------------++----------------------------++----------+-------------¦ +--------------------------------------++----------------------------++----------+-------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +--------------------------------------++----------------------------++----------+-------------¦ +--------------------------------------++----------------------------++----------+-------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +--------------------------------------++----------------------------++----------+-------------¦ +--------------------------------------++----------------------------++----------+-------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +--------------------------------------++----------------------------++----------+-------------¦ +--------------------------------------++----------------------------++----------+-------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +--------------------------------------++----------------------------++----------+-------------¦ +--------------------------------------++----------------------------++----------+-------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +--------------------------------------++----------------------------++----------+-------------¦ +--------------------------------------++----------------------------++----------+-------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +--------------------------------------++----------------------------++----------+-------------¦ +--------------------------------------++----------------------------++----------+-------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +--------------------------------------++----------------------------++----------+-------------¦ +---------------------------------------------------------------------+----------+-------------¦ ¦ +----------¦ ¦ +----------------------------------------------------------------------------------------------+
6 Continuation sheets attached
Subtotal
(Total of this page)
Total
[Use only on last page of the completed Schedule f]
*If contingent, enter C; if unliquidated, enter D; if disputed, enter D.
(Report total also on Summary of Schedules)
SCHEDULE E - CREDITORS HOLDING UNSECURED PRIORITY CLAIMS
(Continuation Sheet)
+-----------------------------------------------------------------------------+ ¦CREDITOR'S NAME AND ¦¦DATE CLAIM WAS ¦¦TOTAL ¦AMOUNT ¦ ¦ ¦¦ ¦¦ ¦ ¦ ¦MAILING ADDRESS ¦¦INCURRED AND CONSIDERATION ¦¦AMOUNT ¦ENTITLED ¦ ¦ ¦¦ ¦¦ ¦ ¦ ¦INCLUDING ZIP CODE ¦¦FOR CLAIM ¦¦OF CLAIM ¦TO PRIORITY ¦ +---------------------++----------------------------++----------+-------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +---------------------++----------------------------++----------+-------------¦ +---------------------++----------------------------++----------+-------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +---------------------++----------------------------++----------+-------------¦ +---------------------++----------------------------++----------+-------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +---------------------++----------------------------++----------+-------------¦ +---------------------++----------------------------++----------+-------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +---------------------++----------------------------++----------+-------------¦ +---------------------++----------------------------++----------+-------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +---------------------++----------------------------++----------+-------------¦ +---------------------++----------------------------++----------+-------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +---------------------++----------------------------++----------+-------------¦ +----------------------------------------------------+----------+-------------¦ +-----------------------------------------------------------------------------+
6 Continuation sheets attached
Subtotal
(Total of this page)
Total
[Use only on last page of the completed Schedule f]
*If contingent, enter C; if unliquidated, enter D; if disputed, enter D.
(Report total also on Summary of Schedules)
SCHEDULE E - CREDITORS HOLDING UNSECURED PRIORITY CLAIMS
(Continuation Sheet)
+-----------------------------------------------------------------------------+ ¦CREDITOR'S NAME AND ¦¦DATE CLAIM WAS ¦¦TOTAL ¦AMOUNT ¦ ¦ ¦¦ ¦¦ ¦ ¦ ¦MAILING ADDRESS ¦¦INCURRED AND CONSIDERATION ¦¦AMOUNT ¦ENTITLED ¦ ¦ ¦¦ ¦¦ ¦ ¦ ¦INCLUDING ZIP CODE ¦¦FOR CLAIM ¦¦Of CLAIM ¦TO PRIORITY ¦ +---------------------++----------------------------++----------+-------------¦ +---------------------++----------------------------++----------+-------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +---------------------++----------------------------++----------+-------------¦ +---------------------++----------------------------++----------+-------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +---------------------++----------------------------++----------+-------------¦ +---------------------++----------------------------++----------+-------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +---------------------++----------------------------++----------+-------------¦ +---------------------++----------------------------++----------+-------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +---------------------++----------------------------++----------+-------------¦ +---------------------++----------------------------++----------+-------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +---------------------++----------------------------++----------+-------------¦ +---------------------++----------------------------++----------+-------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +---------------------++----------------------------++----------+-------------¦ +----------------------------------------------------+----------+-------------¦ +-----------------------------------------------------------------------------+
6 Continuation sheets attached
Subtotal
(Total of this page)
Total
[Use only on last page of the completed Schedule f]
*If contingent, enter C; if unliquidated, enter D; if disputed, enter D.
(Report total also on Summary of Schedules)
SCHEDULE E - CREDITORS HOLDING UNSECURED PRIORITY CLAIMS
(Continuation Sheet)
+------------------------------------------------------------------------------+ ¦CREDITOR'S NAME AND ¦¦¦DATE CLAIM WAS ¦¦TOTAL ¦AMOUNT ¦ ¦ ¦¦¦ ¦¦ ¦ ¦ ¦MAILING ADDRESS ¦¦¦INCURRED AND CONSIDERATION ¦¦AMOUNT ¦ENTITLED ¦ ¦ ¦¦¦ ¦¦ ¦ ¦ ¦INCLUDING ZIP CODE ¦¦¦FOR CLAIM ¦¦OF CLAIM ¦TO PRIORITY ¦ +---------------------+++----------------------------++----------+-------------¦ +----------------------++----------------------------++----------+-------------¦ +----------------------++----------------------------++----------+-------------¦ +----------------------++----------------------------++----------+-------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +----------------------++----------------------------++----------+-------------¦ +----------------------++----------------------------++----------+-------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +----------------------++----------------------------++----------+-------------¦ +----------------------++----------------------------++----------+-------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +----------------------++----------------------------++----------¦ ¦ +----------------------++----------------------------++----------+-------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +----------------------++----------------------------++----------+-------------¦ +----------------------++----------------------------++----------+-------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +----------------------++----------------------------++----------+-------------¦ +----------------------++----------------------------++----------+-------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +----------------------++----------------------------++----------+-------------¦ +----------------------++----------------------------++----------+-------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +----------------------++----------------------------++----------+-------------¦ +----------------------++----------------------------++----------+-------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +----------------------++----------------------------++----------+-------------¦ +----------------------++----------------------------++----------+-------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +----------------------++----------------------------++----------+-------------¦ +----------------------++----------------------------++----------+-------------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +----------------------++----------------------------++----------+-------------¦ +-----------------------------------------------------+----------+-------------¦ +------------------------------------------------------------------------------+
6 Continuation sheets attached
Subtotal
(Total of this page)
Total
[Use only on last page of the completed Schedule f]
*If contingent, enter C; if unliquidated, enter D; if disputed, enter D.
(Report total also on Summary of Schedules)
SCHEDULE E - CREDITORS HOLDING UNSECURED PRIORITY CLAIMS
(Continuation Sheet)
+-----------------------------------------------------------------------+ ¦ ¦¦¦DATE CLAIM WAS¦¦ ¦ ¦ ¦CREDITOR'S NAME AND¦¦¦ ¦¦ ¦AMOUNT ¦ ¦ ¦¦¦INCURRED AND ¦¦ ¦ ¦ ¦MAILING ADDRESS ¦¦¦ ¦¦TOTAL AMOUNT OF CLAIM¦ENTITLED ¦ ¦ ¦¦¦CONSIDERATION ¦¦ ¦ ¦ ¦INCLUDING ZIP CODE ¦¦¦ ¦¦ ¦TO PRIORITY¦ ¦ ¦¦¦FOR CLAIM ¦¦ ¦ ¦ +-------------------+++--------------++---------------------+-----------¦ ¦A/C# ¦¦¦ ¦¦ ¦ ¦ +--------------------++--------------++---------------------+-----------¦ +--------------------++--------------++---------------------+-----------¦ +--------------------++--------------++---------------------+-----------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +--------------------++--------------++---------------------+-----------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +--------------------++--------------++---------------------+-----------¦ +--------------------++--------------++---------------------+-----------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +--------------------++--------------++---------------------+-----------¦ +--------------------++--------------++---------------------+-----------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +--------------------++--------------++---------------------+-----------¦ +--------------------++--------------++---------------------+-----------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +--------------------++--------------++---------------------+-----------¦ +--------------------++--------------++---------------------+-----------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +--------------------++--------------++---------------------+-----------¦ +--------------------++--------------++---------------------+-----------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +--------------------++--------------++---------------------+-----------¦ +--------------------++--------------++---------------------+-----------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +--------------------++--------------++---------------------+-----------¦ +--------------------++--------------++---------------------+-----------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +--------------------++--------------++---------------------+-----------¦ +--------------------++--------------++---------------------+-----------¦ ¦A/C# ¦¦ ¦¦ ¦ ¦ +--------------------++--------------++---------------------+-----------¦ +-------------------------------------+---------------------+-----------¦ ¦ +---------------------¦ ¦ +-----------------------------------------------------------------------+
6 Continuation sheets attached
Subtotal
(Total of this page)
Total
[Use only on last page of the completed Schedule f]
*If contingent, enter C; if unliquidated, enter D; if disputed, enter D.
(Report total also on Summary of Schedules)
SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS
State the name, mailing address including zip code, and account number, if any, of alf entities holding unsecured claims without priority against the debtor or the property of the debtor, as of the date of filing of the petition. Do not include claims listed in Schedules D and E. If ait 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 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 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.
[] Check this box if debtor has no creditors holding unsecured nonpriority claims to report on this Schedule F.
+-----------------------------------------------------------------------------+ ¦ ¦¦¦DATE CLAIM WAS INCURRED ¦¦¦¦ ¦ ¦ ¦¦¦ ¦¦¦¦ ¦ ¦CREDITOR'S NAME AND MAILING. ¦¦¦AND CONSIDERATION FOR ¦¦¦¦ ¦ ¦ADDRESS ¦¦¦CLAIM. ¦¦¦¦AMOUNT OF ¦ ¦ ¦¦¦ ¦¦¦¦CLAIM ¦ ¦INCLUDING ZIP CODE ¦¦¦IF CLAIM IS SUBJECT TO ¦¦¦¦ ¦ ¦ ¦¦¦ ¦¦¦¦ ¦ ¦ ¦¦¦SETOFF, SO STATE ¦¦¦¦ ¦ +--------------------------------+++-------------------------++++-------------¦ ¦ACCOUNT NO, ¦¦¦ ¦¦¦¦ ¦ +--------------------------------+++-------------------------++++-------------¦ ¦ACCOUNT NO. ¦¦¦ ¦¦¦¦ ¦ +--------------------------------+++-------------------------++++-------------¦ ¦ACCOUNT NO. ¦¦¦ ¦¦¦¦ ¦ +--------------------------------+++-------------------------++++-------------¦ ¦ACCOUNT NO. ¦¦¦ ¦¦¦¦ ¦ +---------------------------------------------------------------+-------------¦ +-----------------------------------------------------------------------------+
6 Continuation sheets attached
Subtotal
(Total of this page)
Total
[Use only on last page of the completed Schedule f]
(Report total also on Summary of Schedules)
SCHEDULE F - CREDITORS HOLDING UNSECURED PRIORITY CLAIMS
(Continuation Sheet)
+--------------------------------------------------------------+ ¦ ¦¦¦DATE CLAIM WAS INCURRED ¦¦¦¦ ¦ ¦CREDITOR'S NAME AND¦¦¦ ¦¦¦¦ ¦ ¦ ¦¦¦AND CONSIDERATION FOR CLAIM.¦¦¦¦AMOUNT ¦ ¦MAILING ADDRESS ¦¦¦ ¦¦¦¦ ¦ ¦ ¦¦¦IF CLAIM IS SUBJECT TO ¦¦¦¦OF CLAIM¦ ¦INCLUDING ZIP CODE ¦¦¦ ¦¦¦¦ ¦ ¦ ¦¦¦SETOFF. SO STATE ¦¦¦¦ ¦ +-------------------+++----------------------------++++--------¦ ¦ACCOUNT NO. ¦¦¦ ¦¦¦¦ ¦ +-------------------+++----------------------------++++--------¦ ¦ACCOUNT NO. ¦¦¦ ¦¦¦¦ ¦ +-------------------+++----------------------------++++--------¦ ¦ACCOUNT NO. ¦¦¦ ¦¦¦¦ ¦ +-------------------+++----------------------------++++--------¦ ¦ACCOUNT NO. ¦¦¦ ¦¦¦¦ ¦ +-------------------+++----------------------------++++--------¦ ¦ACCOUNT NO. ¦¦¦ ¦¦¦¦ ¦ +-------------------+++----------------------------++++--------¦ ¦ACCOUNT NO. ¦¦¦ ¦¦¦¦ ¦ +-----------------------------------------------------+--------¦ +--------------------------------------------------------------+
Sheet no. 1 of 6 sheets attached to Schedule of Creditors Holding Unsecured Nonpriority Claims
Subtotal
(Total of this page)
Total
[Use only on last page of the completed Schedule f]
(Report total also on Summary of Schedules)
SCHEDULE F - CREDITORS HOLDING UNSECURED PRIORITY CLAIMS
(Continuation Sheet)
+--------------------------------------------------------------+ ¦ ¦¦¦DATE CLAIM WAS INCURRED ¦¦¦¦ ¦ ¦CREDITOR'S NAME AND¦¦¦ ¦¦¦¦ ¦ ¦ ¦¦¦AND CONSIDERATION FOR CLAIM.¦¦¦¦AMOUNT ¦ ¦MAILING ADDRESS ¦¦¦ ¦¦¦¦ ¦ ¦ ¦¦¦IF CLAIM IS SUBJECT TO ¦¦¦¦OF CLAIM¦ ¦INCLUDING ZIP CODE ¦¦¦ ¦¦¦¦ ¦ ¦ ¦¦¦SETOFF, SO STATE ¦¦¦¦ ¦ +-------------------+++----------------------------++++--------¦ ¦ACCOUNT NO. ¦¦¦ ¦¦¦¦ ¦ +-------------------+++----------------------------++++--------¦ ¦ACCOUNT NO. ¦¦¦ ¦¦¦¦ ¦ +-------------------+++----------------------------++++--------¦ ¦ACCOUNT NO. ¦¦¦ ¦¦¦¦ ¦ +-------------------+++----------------------------++++--------¦ ¦ACCOUNT NO. ¦¦¦ ¦¦¦¦ ¦ +-------------------+++----------------------------++++--------¦ ¦ACCOUNT NO. ¦¦¦ ¦¦¦¦ ¦ +-------------------+++----------------------------++++--------¦ ¦ACCOUNT NO. ¦¦¦ ¦¦¦¦ ¦ +-----------------------------------------------------+--------¦ +--------------------------------------------------------------+
Sheet no. 2 of 6 sheets attached to Schedule of Creditors Holding Unsecured Nonpriority Claims
Subtotal
(Total of this page)
Total
[Use only on last page of the completed Schedule f]
(Report total also on Summary of Schedules)
SCHEDULE F - CREDITORS HOLDING UNSECURED PRIORITY CLAIMS
(Continuation Sheet)
+-----------------------------------------------------------------------------+ ¦CREDITOR'S NAME AND¦¦¦DATE CLAIM WAS INCURRED AND ¦¦¦ ¦ ¦ ¦MAILING ADDRESS ¦¦¦CONSIDERATION FOR CLAIM. ¦¦¦DISPUTED¦AMOUNT ¦ ¦INCLUDING ZIP CODE ¦¦¦IF CLAIM IS SUBJECT TO SETOFF, ¦¦¦ ¦OF CLAIM¦ ¦ ¦¦¦SO STATE ¦¦¦ ¦ ¦ +-------------------+++---------------------------------+++--------+----------¦ +-------------------+++---------------------------------+++--------+----------¦ ¦ACCOUNT NO. ¦¦¦ ¦¦¦ ¦ ¦ +-------------------+++---------------------------------+++--------+----------¦ ¦ACCOUNT NO. ¦¦¦ ¦¦¦ ¦ ¦ +-------------------+++---------------------------------+++--------+----------¦ +-------------------+++---------------------------------+++--------+----------¦ ¦ACCOUNT NO. ¦¦¦ ¦¦¦ ¦ ¦ +-------------------+++---------------------------------+++--------+----------¦ ¦ACCOUNT NO. ¦¦¦ ¦¦¦ ¦ ¦ +------------------------------------------------------------------+----------¦ +-----------------------------------------------------------------------------+
Sheet no. 3 of 6 sheets attached to Schedule of Creditors Holding Unsecured Nonpriority Claims
Subtotal
(Total of this page)
Total
[Use only on last page of the completed Schedule f]
(Report total also on Summary of Schedules)
SCHEDULE F - CREDITORS HOLDING UNSECURED PRIORITY CLAIMS
(Continuation Sheet)
+-----------------------------------------------------------------------------+ ¦CREDITOR'S NAME¦¦¦ ¦¦¦ ¦ ¦ ¦AND ¦¦¦DATE CLAIM WAS INCURRED AND CONSIDERATION¦¦¦ ¦AMOUNT¦ ¦ ¦¦¦FOR CLAIM. IF CLAIM IS SUBJECT TO SETOFF,¦¦¦DISPUTED¦OF ¦ ¦MAILING ADDRESS¦¦¦SO STATE ¦¦¦ ¦CLAIM ¦ ¦INCLUDING ZIP ¦¦¦ ¦¦¦ ¦ ¦ ¦CODE ¦¦¦ ¦¦¦ ¦ ¦ +---------------+++-----------------------------------------+++--------+------¦ ¦ACCOUNT NO. ¦¦¦ ¦¦¦ ¦ ¦ +---------------+++-----------------------------------------+++--------+------¦ +---------------+++-----------------------------------------+++--------+------¦ +---------------+++-----------------------------------------+++--------+------¦ ¦ACCOUNT NO. ¦¦¦ ¦¦¦ ¦ ¦ +---------------+++-----------------------------------------+++--------+------¦ +---------------+++-----------------------------------------+++--------+------¦ ¦ACCOUNT NO. ¦¦¦ ¦¦¦ ¦ ¦ +----------------------------------------------------------------------+------¦ +-----------------------------------------------------------------------------+
Sheet no. 4 of 6 sheets attached to Schedule of Creditors Holding Unsecured Nonpriority Claims
Subtotal
(Total of this page)
Total
[Use only on last page of the completed Schedule f]
(Report total also on Summary of Schedules)
SCHEDULE F - CREDITORS HOLDING UNSECURED PRIORITY CLAIMS
(Continuation Sheet)
+------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+ ¦CREDITOR'S NAME AND MAILING ADDRESS INCLUDING ZIP CODE ¦¦¦DATE CLAIM WAS INCURRED AND CONSIDERATION FOR CLAIM. IF CLAIM IS SUBJECT TO SETOFF, SO STATE ¦¦¦¦AMOUNT OF CLAIM ¦ +--------------------------------------------------------+++----------------------------------------------------------------------------------------------++++-----------------¦ ¦ACCOUNT NO. ¦¦¦ ¦¦¦¦ ¦ +--------------------------------------------------------+++----------------------------------------------------------------------------------------------++++-----------------¦ ¦ACCOUNT NO. ¦¦¦ ¦¦¦¦ ¦ +--------------------------------------------------------+++----------------------------------------------------------------------------------------------++++-----------------¦ ¦ACCOUNT NO. ¦¦¦ ¦¦¦¦ ¦ +--------------------------------------------------------+++----------------------------------------------------------------------------------------------++++-----------------¦ ¦ACCOUNT NO. ¦¦¦ ¦¦¦¦ ¦ +--------------------------------------------------------+++----------------------------------------------------------------------------------------------++++-----------------¦ ¦ACCOUNT NO. ¦¦¦ ¦¦¦¦ ¦ +--------------------------------------------------------+++----------------------------------------------------------------------------------------------++++-----------------¦ +------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+
Sheet no. 5 of 6 sheets attached to Schedule of Creditors Holding Unsecured Nonpriority Claims
Subtotal
(Total of this page)
Total
[Use only on last page of the completed Schedule f]
(Report total also on Summary of Schedules)
SCHEDULE F - CREDITORS HOLDING UNSECURED PRIORITY CLAIMS
(Continuation Sheet)
+---------------------------------------------------------------------+ ¦ ¦¦¦DATE CLAIM WAS INCURRED ¦¦¦¦ ¦ ¦CREDITOR'S NAME AND¦¦¦ ¦¦¦¦ ¦ ¦ ¦¦¦AND CONSIDERATION FOR CLAIM.¦¦¦¦ ¦ ¦MAILING ADDRESS ¦¦¦ ¦¦¦¦AMOUNT OF CLAIM¦ ¦ ¦¦¦IF CLAIM IS SUBJECT TO ¦¦¦¦ ¦ ¦INCLUDING ZIP CODE ¦¦¦ ¦¦¦¦ ¦ ¦ ¦¦¦SETOFF, SO STATE ¦¦¦¦ ¦ +-------------------+++----------------------------++++---------------¦ ¦ACCOUNT NO. ¦¦¦ ¦¦¦¦ ¦ +-------------------+++----------------------------++++---------------¦ ¦ACCOUNT NO. ¦¦¦ ¦¦¦¦ ¦ +-------------------+++----------------------------++++---------------¦ ¦ACCOUNT NO. ¦¦¦ ¦¦¦¦ ¦ +-------------------+++----------------------------++++---------------¦ ¦ACCOUNT NO. ¦¦¦ ¦¦¦¦ ¦ +-------------------+++----------------------------++++---------------¦ ¦ACCOUNT NO. ¦¦¦ ¦¦¦¦ ¦ +-------------------+++----------------------------++++---------------¦ ¦ACCOUNT NO, ¦¦¦ ¦¦¦¦ ¦ +-----------------------------------------------------+---------------¦ +---------------------------------------------------------------------+
Sheet no. 6 of 6 sheets attached to Schedule of Creditors Holding Unsecured Nonpriority Claims
Subtotal
(Total of this page)
Total
[Use only on last page of the completed Schedule f]
(Report total also on Summary of Schedules)
SCHEDULE G - EXECUTORY CONTRACTS AND UNEXPDtED LEASES
Describe all executory contracts of any nature and all unexpired leases of real or persona! property, include any time-share 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 alt other parties to each lease or contract described,
NOTE; A party listed on this schedule will not receive notice of the filing of this case unless the party is also scheduled in the appropriate schedule of creditors.
[] Check this box if debtor has no executory contracts or unexpired leases
+-----------------------------------------------------------------------------+ ¦ ¦DESCRIPTION OF CONTRACT OR LEASE AND ¦ ¦NAME AND MAILING ADDRESS, INCLUDING ?¦NATURE OF DEBTOR'S INTEREST. STATE ¦ ¦JP CODE, OF OTHER PARTIES TO LEASE OR¦WHETHER LEASE IS FOR NONRESIDENTIAL ¦ ¦CONTRACT. ¦REAL PROPERTY. STATE CONTRACT NUMBER OF¦ ¦ ¦ANY GOVERNMENT CONTRACT. ¦ +-------------------------------------+---------------------------------------¦ ¦Riverside and Briarwood Conv. Hosp. ¦ ¦ ¦ ¦Service Retainer ¦ ¦1090 Rio Lane Sacramento, CA 9 5822 ¦ ¦ +-------------------------------------+---------------------------------------¦ ¦Beverly Manor Conv. Hosp. ¦ ¦ ¦ ¦Service Retainer ¦ ¦188 Cohasset Lane Chico, CA 95928 ¦ ¦ +-------------------------------------+---------------------------------------¦ ¦Roseville Conv. Hosp, and Sierra ¦ ¦ ¦ ¦ ¦ ¦Hills ¦ ¦ ¦ ¦Service Retainer ¦ ¦1161 cirby way ¦ ¦ ¦ ¦ ¦ ¦Roseville, CA 95661 ¦ ¦ +-------------------------------------+---------------------------------------¦ ¦Sierra Conv. Hosp. ¦ ¦ ¦ ¦ ¦ ¦310 0 akridge ¦Service Retainer ¦ ¦ ¦ ¦ ¦Roseville, CA 95661 ¦ ¦ +-------------------------------------+---------------------------------------¦ ¦Valley Oaks Conv. Hosp. ¦ ¦ ¦ ¦ ¦ ¦24 6 Spruce St. ¦Service Retainer ¦ ¦ ¦ ¦ ¦Gridley, cA 95948 ¦ ¦ +-----------------------------------------------------------------------------+
SCHEDULE H - CODEBTORS
Provide the information requested concerning any person or entity, other than a spouse in a joint case, that is also liabie on any debts listed by debtor in the schedules of creditors. Include all guarantors and co-signers. In community property states, a married debtor not filing a joint case should report the name and address of the nondebtor spouse on this schedule. Include all names used by the nondebtor spouse during the six years immediately preceding the commencement of this case.
Check this box if there are no codebtors.
+--------------------------------------------------------------+ ¦NAME AND ADDRESS OF CO DEBTOR ¦NAME AND ADDRESS OF CREDITOR ¦ +-------------------------------+------------------------------¦ +--------------------------------------------------------------+
SCHEDULE I - CURRENT INCOME OF INDIVIDUAL DEBTOR(S)
The column labeled "Spouse" must be completed in all cases filed by joint debtors and by a married debtor in a chapter 12 or 13 case whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.
+--------------------------------------------------------------+ ¦Debtor's Marital ¦DEPENDENTS OF DEBTOR AND SPOUSE ¦ +-----------------------+--------------------------------------¦ ¦Status: ¦NAMES ¦AGE¦RELATIONSHIP¦ +-----------------------+---------------------+---+------------¦ ¦Divorced ¦None ¦ ¦ ¦ ¦ +-----------------------+---------------------+-+--------------¦ ¦Employment: ¦DEBTOR ¦ ¦SPOUSE ¦ +-----------------------+---------------------+-+--------------¦ ¦Occupation ¦Psychotherapist ¦ ¦ ¦ +-----------------------------------------------+--------------¦ ¦Name of Employer Self ¦ ¦ +-----------------------------------------------+--------------¦ ¦How long employed 7 years ¦ ¦ +-----------------------------------------------+--------------¦ ¦Address of Employe P.O.Box 1272 Chico, CA 95927¦ ¦ +-----------------------------------------------+--------------¦ +--------------------------------------------------------------+
Income: (Estimate of average monthly income)
Current monthly gross wages, salary, and commissions
(prorate if not paid monthly)
Estimated monthly overtime
SUBTOTAL adjusted gross from 1997 1040
LESS PAYROLL DEDUCTIONS
a. Payroll taxes and social security
b. Insurance
c. Union dues
d. Other (Specify) See attached 1997 1040
SUBTOTAL OF PAYROLL DEDUCTIONS
TOTAL NET MONTHLY TAKE HOME PAY- adj. gross
Regular income from operation of business or profession
or farm (attach detailed statement)
Income from real properly
Interest and dividends
Alimony, maintenance or support payments payable to the
debtor for the debtor's use or that of dependents listed above.
Social security or other government assistance
(Specify)____
Pension or retirement income Other monthly income
(Specify)_
TOTAL MONTHLY INCOME ™ adjusted gross
SEE EXHIBIT D _ 1997 Tax Forms
TOTAL COMBINED MONTHLY INCOME $ ____
(Report also on Summary of Schedules)
Describe any increase or decrease of more than 10% in any of the above categories anticipated to occur within the year following the filing of this document. See Declaration of Hardship
SCHEDULE J- CURRENT EXPENDITURES OF INDIVIDUAL DEBTOR(S)
Complete this schedule by estimating the average monthly expenses of the debtor and the debtor's family. Prorate any payments made bi-weekly, quarterly, semi-annually, or annually to show monthly rate.
[] Check this box if a joint petition is filed and debtor's spouse maintains a separate household. Complete a separate schedule of expenditures labeled "Spouse."
Rent or homo mortgage payment (include lot renled for mobile home)
Are real estate taxes included? Yes ____ No_$450.00rent
Is property insurance included? Yes ____ No____
Utilities Electricity and heating fuel $75.00
Water and sewer $____
Telephone $50.00
Other_ $____
Home maintenance (repairs and upkeep) $50.00
Food $300.00
Clothing $75.00
Laundry and dry cleaning $60.00
Medical and dental expenses $15.00
Transportation (not including car payment) $100.00
Recreation, clubs and entertainment, newspapers, magazines, etc. $10.00
Charitable contributions $100.00
Insurance (not deducted from wages or included in home mortgage payments)
Homeowners or renter's $____
Life $____
Health $____
Auto $50.00
Other Malpractice$200.00
Taxes (not deducled from wages or included in home mortage payments)
(Specity)____ $400.00
Installment payments: (in Chapter 12 and 13 cases, do not list payments to be included in the plan)
Auto $____
Other HEAL Student Loan $500.00
Other Quarterly taxes $800.00
Alimony, maintenance, and support paid to others $____
Payments for support of additional dependents not living at your home $____
Regular expenses from operation of business, profession, or farm (attach detailed statement) $ see 1040
Other ____ $____
TOTAL MONTHLY EXPENSES (Report also on Summary of Schedules) $3575.00
[FOR CHAPTER 12 AND 13 DEBTORS ONLY]
Provide the information requested below, including whether plan payments are to be made bi-weekly, monthly, annually, or
A. Total projected monthly income
R. Total projected monthly expenses
C. Excess income (A minus B)
D. Total amount to be paid into plan each_
(interval)
DECLARATION CONCERNING DEBTOR'S SCHEDULES
DECLARATION UNDER PENALTY OF PERJURY BY INDIVIDUAL DEBTOR
I declare under penally of parjury that I have read the toeing summary and schodules, consisting of 26 shoots and that they are true and correct to (he bast of my knowledge, information, and belief. (Total shown on summary page plus 1)
Signature____
Debtor
Signature:____
(Joint Debtor, if any)
(If Joint case, both spousos must sign.)
CERTIFICATION AND SIGNATURE OF NON-ATTORNEY BANKRUPTCY PETITION PREPARER (See 11 US.C, § 110)
I certify that I am a bankruptcy petition preparer as defined In 11 U.S.C. § 110. that I have prepared this document lor compensation, and that I have provided the debtor with a copy of this document.
_______
Printed or Typed Name of Bankruptcy Petition Preparer
_______
Social Security Number
_______
Address
Names and Social Security Numbers of all other individuals who prepared or assisted in preparing this document:
II more than one person prepared this document, attach additional signed sheets conforming to the appropriate Official form tor each person.
_______
Signature of Bankruptcy Petition Preparer
A bankruptcy petition preparer failure to comply with the provisions of Title 11 and the Federal Holes of Bankruptcy Procedure may result In floes or imprisoninant or both, 11 U.S.C. § 110; 18 U-S.C § 156.
DECLARATION UNDER PENALTY OF PERJURY ON BEHALF OP CORPORATION OR PARTNERSHIP
I the ____ [president or other officer or an authorised agent of the corporation or a member or art authorized agent of the partnership] of the__ [corporation or partnership] named as debtor In this ease declare under penalty of perjury that l have read the foregoing summary and schedules, consisting of ____. sheets (total shown on summary page plus 1), and that they are true and correct to the best of my knowledge. Information, and belief.
Signature: _
[Print or type name. of Individual signing on behalf of debtor.]
[An individual signing on behalf of a partnership or corporation must indicate position or relationship to debtor.]
Penalty tor making it false statement or concealing property: Fine of up to $500,000 or Imprisonment fur up to 5 years or both. 13 US.C. § 152 and 3571.
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.
Questions 1-15 are to be completed by all debtors. Debtors that are or have been in business, as defined below, also must complete Questions 16-21. Each question must be answered, if the answer to any question is "None," or the question is not applicable, 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 boon, within the two years immediately preceding the fifing of this bankruptcy case, any of the following: an officer, director, managing executive, or person in control of a corporation; a partner, other than a limited partner, of a partnership; a sole proprietor or self-employed.
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 person in control of a corporate debtor and their relatives; affiliates of the debtor and insiders of such affiliates; any managing agent of the debtor. 11 U.S.C.§ 101 (30)
I. Income from employment or operation of business
None[] State the gross amount of income the debtor has received from employment, trade, or profession, or from on operation of the debtor's 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.)
Source (if more than one)
1/98 - Present; 32,150,00()
1997-1/11 Gross (before adjustment) WAS 7.0,398 (20,392 taxable)
1996-/17 Gross (before adjustment) 57,785 (19,131 taxable)
2. Income other than from employment or operation of business
None [X] 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
3. Payments to creditors
None [] a. List all payments on loans, Installment purchases of goods or services, and other debts, aggregating more than $600 to any creditor, made within 90 days immediately preceding the commencement of this case. (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.)
+------------------------------------------------------------+ ¦ ¦Dates of¦Amount¦Amount ¦ +--------------------------------+--------+------+-----------¦ ¦Names and addresses of creditors¦payments¦paid ¦stilt owing¦ +--------------------------------+--------+------+-----------¦ ¦US Attorney ¦ ¦ ¦ ¦ +--------------------------------+--------+------+-----------¦ ¦650 Capitol Mall ¦ ¦ ¦ ¦ +--------------------------------+--------+------+-----------¦ ¦Sacramento, CA 95814 ¦8/98 ¦500.00¦ ¦ +------------------------------------------------------------+
None [] b. List all payments made within one year immediately preceding the commencement of this case to or for the benefit of creditors who are or were insiders. (Married debtors filing under Chapter 12 or Chapter 13 must 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¦Date of¦Amount ¦Amount ¦ +----------------------------+-------+-----------+-----------¦ ¦and relationship of debtor ¦payment¦paid ¦still owing¦ +----------------------------+-------+-----------+-----------¦ ¦US Attorney, Sac, CA ¦2/98, ¦4/98 500.00¦ ¦ +------------------------------------------------------------+
4. Suits, executions, garnishments and attachments
None [] a. List all suits to which the debtor is or was a party within one year immediately preceding the filing 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.)
+----------------------------------------------------------+ ¦Caption of suit ¦Court and¦Status or ¦ +------------------------------------+---------+-----------¦ ¦and case number Nature of proceeding¦location ¦disposition¦ +----------------------------------------------------------+
Taylor vs Regents, Case # 779 553 Civil; Orange County Sup Dept., #6; Judge Wooley, Status dismissed Civil Suit to compel UC Irvine to verify educational transcripts to employers. Denied. Judge ruling Plaintiff Taylor must "start over" with residency education to proceed. See declaration of Hardship.
None [X] 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 ¦Date of ¦Description and value ¦ ¦benefit property was sailed ¦seizure ¦of property ¦ +-----------------------------------------------------------------------------+
None [X] 5. Repossessions, foreclosures and returns
List all property that has been repossessed by a creditor, sold at a foreclosure sale, transferred through a deed fn 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 ¦Date of repossession, foreclosure ¦Description and ¦ ¦creditor or seller ¦sale, transfer or return ¦value of property ¦ +-----------------------------------------------------------------------------+
None [X] 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 end a joint petition is not filed.)
+-----------------------------------------------------------------------------+ ¦Name and address of ¦Date of ¦Terms of assignment or ¦ ¦assignee ¦assignment ¦settlement ¦ +-----------------------------------------------------------------------------+
None [X] 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 ¦Name and ¦Case title ¦Date of ¦Description and ¦ ¦of custodian ¦location of ¦and number ¦order ¦value or property ¦ ¦ ¦court ¦ ¦ ¦ ¦ +-----------------------------------------------------------------------------+
7. Gifts
None [] 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 Relationship¦ ¦Description¦ ¦ ¦Data ¦ ¦ ¦of person or to debtor, ¦ ¦and value ¦ ¦ ¦of gift ¦ ¦ ¦organization If any ¦ ¦of gift ¦ +-----------------------------+-----------+-----------¦ ¦George. Washington University¦1/98 - 9/98¦900.00 ¦ +-----------------------------------------------------+
8. Losses
None [X] 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 ¦Description of circumstances and, if¦ ¦ ¦ ¦ ¦Date of¦ ¦and value of¦loss was covered in whoto or in part¦ ¦ ¦ ¦ ¦loss ¦ ¦property ¦by insurance, give particulars ¦ ¦ +---------------------------------------------------------+
9. Payments related to debt counseling or bankruptcy
None [X] 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 a petition in bankruptcy within one year immediately preceding (he commencement of this case.
+----------------------------------------------------------------+ ¦ ¦ ¦ ¦Amount of money or ¦ +----------------+-------+-----------------+---------------------¦ ¦Name and address¦Date of¦Name of payor if ¦description and value¦ ¦ ¦ ¦ ¦ ¦ ¦of payee ¦payment¦other than debtor¦of property ¦ +----------------------------------------------------------------+
10. Other transfers
None [X] 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 one year 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 ¦Relationship to ¦Transfer ¦Property transferred and ¦ ¦CA transferee ¦debtor ¦date ¦value received ¦ +-----------------------------------------------------------------------------+
11. Closed financial accounts
None [] List all financial accounts and instruments held in the name of the debtor or for the benefit of ____ debtor that were closed, sold, or otherwise transferred within one year immediately preceding ____ commencement of this case. Include checking, savings, or other financial accounts, certificates ____or other instruments; shares and share accounts held in banks, credit unions, pension ____cooperatives, associations, brokerage houses and other financial institutions. {Married ____filing under Chapter 12 or Chapter 13 must include information concerning accounts or ____ held by or for either or both spouses whether or not a joint petition is filed, unless the ____ are separated and a joint petition is not filed.)
+-------------------------------------------------------+ ¦¦Type and number ¦ ¦ ¦¦ ¦ ¦ ¦¦of account and ¦Amount and rale of sale or closing¦ ¦¦ ¦ ¦ ¦¦final balance ¦ ¦ ++-------------------+----------------------------------¦ ¦¦Checking ¦ ¦ ¦¦ ¦0.00 ¦ ¦¦Acct # 8120026201 ¦ ¦ +-------------------------------------------------------+
12. Safe deposit boxes
None [X] List each safe deposit or other box or depository in which the debtor has or had securities, cash, another 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 tiled.)
+-----------------------------------------------------------------------------+ ¦Name and address of ¦Name and addresses of those¦Description¦Date of transfer¦ ¦bank or other ¦with access to box or ¦of contents¦or surrender, if¦ ¦depository ¦depository ¦ ¦any ¦ +-----------------------------------------------------------------------------+
13. Setoffs
None [X] 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 liied.)
+------------------------------------------------------------+ ¦Name and address of creditor¦Date of setoff¦Amount of setoff¦ +------------------------------------------------------------+
14. Property held for another person
None [X] List all property owned by another person that the debtor holds or controls.
+-----------------------------------------------------------------------------+ ¦Name and address of ¦Description and value of ¦Location of ¦ ¦owner ¦property ¦property ¦ +-----------------------------------------------------------------------------+
15. Prior address of debtor
None [X] If the debtor has moved within the two 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 ¦ +-----------------------------------------+------------------+----------------¦ ¦6457 ¦Timothy R. ¦10/96-6/97 ¦ ¦Coyote Hills Road Chino Hills, CA 91709¦Taylor ¦ ¦ +-----------------------------------------------------------------------------+
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 the two 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 securities of a corporation; a partner, other than a limited partner, of a partnership; a sole proprietor or otherwise self-employed.
(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 the two years immediately preceding the commencement of this case.)
16. Nature, location and name of business
None [] a. If the debtor is an individual, list the names and addresses of all businesses in which the debtor was an officer, director, partner, or managing executive of a corporation, partnership, sole proprietorship, or was a self-employed professional within the two 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 the two years immediately preceding the commencement of this case,
b. If the debtor is a partnership, list the names and addresses of all businesses in which the debtor was a partner or owned 5 percent or more of the voting securities within the two years immediately preceding the commencement of this case.
c. If the debtor is a corporation, list the names and addresses of all businesses in which the debtor was a partner or owned 5 percent or more of the voting securities within the two years immediately preceding the commencement of this case.
+-----------------------------------------------------------------------------+ ¦Name Address ¦Mature of business ¦Beginning and ending Dates of¦ ¦ ¦ ¦operation ¦ +--------------------------+--------------------+-----------------------------¦ ¦T.R. Taylor PO. Box 1272 ¦Consultation ¦ ¦ ¦ ¦and Therapy ¦7/91 - present ¦ ¦95927 ¦ ¦ ¦ +-----------------------------------------------------------------------------+
17. Books, records and financial statements
None [] a. List all bookkeepers and accountants who within the six years immediately preceding the filing of this bankruptcy case kept or supervised the keeping of books of account and records of the debtor.
+------------------------------------+ ¦Name 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 ¦ +-----------------------+----------------------------¦ ¦Stephen Martini, CPA ¦16830 Ventura Blvd Ste 415 ¦ +-----------------------+----------------------------¦ ¦Encino, CA 91436-1707 ¦Tax Prep; 1998, 1997 ¦ +----------------------------------------------------+
[X] None c. List all firms or individuals who at the lime 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, please explain.
+-------------+ ¦Name¦Address ¦ +-------------+
[X] None d. List all financial institutions, creditors and other parties, including mercantile and trade agencies, to whom a financial statement was issued within the two years immediately preceding the commencement of this case by the debtor.
+-------------------------+ ¦Name¦Address¦Date issued ¦ +-------------------------+
18. Inventories
[X] None a. List the dates of the last two inventories taken of your property, the name of the person who supervised trie taking of each inventory, and the dollar amount and basis of each inventory.
+-----------------------------------------------------------------------------+ ¦ ¦Inventory ¦Dollar amount of invenlory ¦ ¦Date of inventory¦supervisor ¦ ¦ ¦ ¦ ¦(Specify cost, market or other basis) ¦ +-----------------------------------------------------------------------------+
[X] None b. List the name and address of the person having possession of the records of each of the two inventories reported in a., above.
+-------------------------------------------------+ ¦ ¦Name and addresses of custodian¦ ¦Date of inventory¦ ¦ ¦ ¦of inventory records ¦ +-------------------------------------------------+
19.Current partners, officers, directors and shareholders
[X] None 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¦ +----------------------------------------------------------+
[X] 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 securities of the corporation.
+--------------------------------------------+ ¦ ¦ ¦Nature and percentage¦ +----------------+-----+---------------------¦ ¦Name and address¦Title¦of stock ownership ¦ +----------------+-----+---------------------¦ ¦N/A ¦ ¦ ¦ +--------------------------------------------+
20. Former partners, officers, directors and shareholders
[X] None 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¦Data of withdrawal ¦ +----+-------+-------------------¦ ¦N/A ¦ ¦ ¦ +--------------------------------+
[X] 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¦ +----------------+-----+-------------------¦ ¦n/a ¦ ¦ ¦ +------------------------------------------+
21. 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.
+-----------------------------------------------------------------+ ¦ ¦ ¦ ¦Amount of money ¦ +----------------+------------+----------------+------------------¦ ¦Name and address¦Relationship¦Date and purpose¦or description and¦ +----------------+------------+----------------+------------------¦ ¦of recipient ¦to debtor ¦of withdrawal ¦value of property ¦ +----------------+------------+----------------+------------------¦ ¦N/A ¦ ¦ ¦ ¦ +-----------------------------------------------------------------+
UNITED STATES BANKRUPTCY COURT
Eastern DISTRICT OF Sacramento
In re Timothy Rebert Taylor Debtor.
Case No. ____
Chapter 7
CHAPTER 7 INDIVIDUAL DEBTOR'S STATEMENT OF INTENTION
1. I have filed a schedule of assets and liabilities which includes consumer debts secured by property of the estate.
2. I intend to do the following with respect to the property of the estate which secures these consumer debts:
a. Property to Be Surrendered.
Description of Property
Creditors Name
b. Property to 80 Hetaioed, [Check any applicable statement.]
+---------------------------------------------------------------------------------+ ¦ ¦ ¦ ¦ ¦Debt will ¦ ¦ ¦ ¦Property¦Property will¦be ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Description of ¦Creditor's¦is ¦be redeemed ¦reaffirmed¦ ¦ ¦ ¦claimed ¦ ¦ ¦ ¦Property ¦Name ¦ ¦pursuant to ¦pursuant ¦ ¦ ¦ ¦as ¦11 ¦to ¦ ¦ ¦ ¦exempt ¦U.S.C.5 722¦ ¦ ¦ ¦ ¦ ¦ ¦11 U.S.C. ¦ ¦ ¦ ¦ ¦ ¦g S24(c) ¦ +------------------------------------+----------+--------+-------------+----------¦ ¦All personal property and licenses ¦¦n/a ¦Yes ¦ ¦ ¦ +---------------------------------------------------------------------------------+
Signature of Debtor
CERTIFICATION AND SIGNATURE OF NON-ATTORNEY BANKRUPTCY PETITION PREPARER See (US.C § 110)
I certify (hat I am a bankruptcy petition preparer as defined in 11 U.S.C. § 110, that i have prepared this document for compensation, and that I have provided the debtor with a copy of this document.
_______
Printed or Typed Name of Bankruptcy Petition Prepare
_______
Social Security Number
Names arid Social Security numbers of all other individuals
who prepared or assisted In preparing this document:
_______
Address
If more than one person prepared this document, attach additional signed sheets conforming to fie appropriate Official Form far each person.
_______
Signature of Bankruptcy Petition Preparer
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; i8 U.S.C, § 1SS.
MBNA
400 Chistiana Rd.
Newark, DE 19713
Nations Credit Commercial
1000 Holeomb Woods Parkway
Roswel, GA 30076
Orange Credit Service
109 S. Main
Lake Elsinore, CA 92530
Professional Recovery Systems
3005 Almaden Expressway
San Jose, CA 95118
SC Edison, Inc.
2131 Walnut Grove
Rosemead, CA 91770
Student Loan Marketing
Association
777 Twin Creek Drive
Killeen, TX 76543
US Dept of Education
P.O. Box 4169
Greenville, TX 75403-4169
Western Exchange Inc.
1680 N. Vine St. #300
Los Angeles, CA 90028
Nations Bank
P.O. Box 2434
Norfolk, VA 23501
NCO Financial
P.O. Box 470262
Tulsa, OK 74147
Orange County Recorder
630 N. Broadway Rm 101
Santa Ana, CA 92701
Providian Financial
P.O. Box 9541
Manchester, NH 03108-9541
State of California Franchise Tax
Board
P.O. Box 942867
Sacramento, CA 94267-0011
Student Loan Marketing
Association
365 Herndon Pkwy
Hemdon, VA 22070
US Attorney
HEAL Loans
650 Capitol Mall
Sacramento, CA 95814
Woodward and Lothrop
2800 Eisenhower Ave.
Alexandria, VA 22314
Nations Credit
1160 Swedesford Rd.
Berwyn,PA 19312
Nebraska Student Loan
1300 "O"St.
Lincoln, NE 68508
Pacific Bell
P.O. Box 7946
San Francisco, CA 94120
Sataewide Collection Bureau
P.O. Box 240
Chico, CA 95927
Butte County Recorder
25 County Center Dr.
Oroville, CA95966
The Bureaus, Inc
1717 Central St.
Evanston, IL 60204
US Dept. of Education
401 S. State St.
Chicago, IL 60605
NCO
P.O. Box 7602
Ft. Washington, PA 19034
AWA Collections
P.O. Box 6605
Orange, CA 92613
CA Franchise Tax Board
FO Box 942867
Sacramento, CA 94267-0011
Clarcmont Graduate School
747 N. Dartmouth Ave.
Claremont, CA 91711-3978
Credit Bureau Santa Monica Bay
P.O. Box 980
Santa Monica, CA 94506
Diversified Collection Services
P.O. Sox 5700
555 McCormick St.
San Leandro, CA 94577-0757
Educational Funding Services
P.O. Box 8020
Newport Beach, CA 92658-8020
Higher Education Assistance
Foundation
85 East Seventh Place
St. Paul Minnesota 55101-2173
Patrick .1. Thistle, Attorney
523 W Sixth St. Ste 1228
Los Angeles, CA 90014
Knight Tuition Payment Plans
855 Boyiston St.
Boston, M02116
American Capital Ent.
52145 Lundie Ln. #212
Temecula, CA 92591
Bay Area Credit Service
2185 The Alameda
San Jose CA 95126
Capitol One
P.O. Box 85347
Richmond, VA 23285-5147
Coast Professional Services
140 Chaparral Ct.
Anaheim, CA 92808
CRW Financial
P.O. Box 470262
Tulsa, OK 74147
Financial Credit Network
P.O. Box 3084
Visalia, CA 93278
Eduserve
P.O. Box 99
Minneapolis, MN 55440
Sallie Mae HEAL Loans
P.O. Box 1660
Merrifield, VA22116
Internal Revenue Service
Ogden, Utah 84201
Los Angeles County Recorder
P.O. Box 115
Los Angeles, CA 90053
American Capitol Ent.
42145 LyndieLn. #212
Temecula, CA 92591
CA Student Aid Commission
P.O. Box 510623
Sacramento, CA 94245
Capitol One
P.O. Box 26030
Richmond, VA 23260
Commercial Financial Services
P.O. Box 701560
Tulsa, OK 74170-1560
DHHS
PartdawnBldgRml6A09
Roekville, MD 20857
EDFUND
P.O. Box 419041
Rancho Cordova, CA 95741-9041
Fidelity Financial
3914 Atlantic Ave.
Long Beach, CA 90807
Illinois Student Assistance
Commission
P.O. Box 235
Deerfield, IL 60015-5209
ISAC
1755 Lake Good Road
Deerfield, IL 600l5
Marine Midland Bank
P.O. Box 25067
Santa Ana, CA 92799-5067
INSTRUCTIONS FORCOMPLETING MASTER MAILING LIST
1. Use black ink only,
2. Check with your local bankruptcy court clerk for any local rules required in filling out this form,
3. Place white sheet of paper in front of the matrix and type required names within bordered area.
4. Use separate master mailing lists for husband and wife if they do not list the same creditors on the schedules,
5. The debtor(s) and the attorney must sign the declaration below if required by any local bankruptcy rule.
DECLARATION
I Timothy Robert Taylordo hereby certify, under penalty of perjury that the master mailing list, consisting of __ sheets, is complete, correct and consistent with the debtor's schedules pursuant to Local Bankruptcy Rule__________.
Timothy Robert Taylor
_______
Debtor
_______
Spouse
_______
Attorney (if Applicable)
NOTE: If the entity filing has 200.or more creditors or equity holders, they should check with the Clerk of the Bankruptcy Court for any special handling requirements.
NOTE: It is recommended that you check with the Clerk of the Bankruptcy Court regarding his or her preference as to how they wish you to do the mailing list. Some require single rows of addresses, while others will accept the three across format.
LIST OF EXHIBITS
+-------------------------------------+ ¦EXH.¦DESCRIPTION ¦DATE ¦ +----+-----------------------+--------¦ ¦A ¦Declaration of Hardship¦11/23/98¦ +----+-----------------------+--------¦ ¦B ¦Judgement ¦7/14/98 ¦ +----+-----------------------+--------¦ ¦C ¦Judgement Transcript ¦6/11/98 ¦ +----+-----------------------+--------¦ ¦D ¦1997 Tax Returns ¦10/15/89¦ +-------------------------------------+
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF CALIFORNIA
In re ____ Debtor(s)
Case No.
VERIFICATION OF MASTER ADDRESS LIST ON PAPER (CREDITOR MATRIX)
I (we) declare under penalty of perjury that 1 (we) have read the attached Master Address List (creditor matrix), consisting of ____ pages, and that it is true and correct to the best of my (our) knowledge, information, and belief.
_______
Debtor's Signature
_______
Joint Debtor's Signature
EDC 2-099 (Rev. 12/97)
Nations Bank
P.O. Box 2434
Norfolk, VA 23501
NCO Financial
P.O. Box 470262
Tulsa, OK 74147
Orange County Recorder
630 N. Broadway Rm 101
Santa Ana, CA 92701
Providian Financial
P.O.Box 9541
Manchester, NH 03108-9541
State of California Franchise Tax
Board
P.O. Box 942867
Sacramento, CA 94267-0011
Student Loan Marketing
Association
365 Herndon Pkwy
Herndon, VA 22070
US Attorney
HEAL Loans
650 Capitol Mall.
Sacramento, CA 95S14
Woodward and Lothrop
2800 Eisenhower Ave.
Alexandria, VA 22314
Knight Tuition Payment Plans
855 BoyJston St.
Boston, M 02116
Nations Credit
1160 Swedesford Rd.
Berwyn, PA 19312
Nebraska Student Loan
1300 "O" St,
Lincoln, NE 68508
Pacific Bell
P.O. Box 7946
San Francisco, CA 94120
Sataewide Collection Bureau
P.O. Box 240
Chico, CA 95927
Butte County Recorder
25 County Center Dr.
Oroville, CA 95966
The Bureaus, Inc
1717 Central St.
Evanston, IL 60204
US Dept. of Education
401 S. State St.
Chicago, IL 60605