Chapter 9

Setting Aside Fraudulent Transfer to Aid Collection of Consumer Judgment

Hyung S. Choi practices consumer protection law with his law partner Veronika Fabian in Tempe, Arizona. For the last 6 years, his practice has been focused on protecting consumers from avaricious car dealers and finance companies. After he joined NACA and ordered all of NCLC manuals, he obtained successful published opinions in Winkler v. DTE, Inc., 205 F.R.D. 235 (Ariz. 2001) (class action against dealer and finance company), Uhlig v. Berge Ford, Inc., 257 F.Supp.2d 1228 (Ariz. 2003) (FCRA impermissble access case), and Howell v. Midway Holdings, Inc., __ F.Supp.2d __, 2005 WL 745842 (Ariz. Mar 28, 2005) (forgery case). He credits NACA and NCLC for providing him with invaluable assistances in building his consumer protection law practice. Section 9.1 is a complaint to set aside a fraudulent transfer of real estate to aid the consumers collection of a judgment arising from a rebuilt wreck case. Sections 9.2 to 9.4 are discovery requests from another case requesting information about the judgment debtors assets, transfers, and income.

9.1

Complaint to Set Aside a Fraudulent Transfer of Real Estate

SUPERIOR COURT OF ARIZONA MARICOPA COUNTY

[CONSUMER], an individual, Plaintiff, vs. MARK DOERFLER, and KORY DOERFLER, husband and wife; KSC, L.L.C., an Arizona Limited Liability Company, Defendants.

NO CV _________________

COMPLAINT (Fraudulent Conveyance)

Plaintiff, upon information and belief, and in good faith, alleges as follows: PRELIMINARY STATEMENT 1) Plaintiff brings this action against defendants pursuant to the Uniform Fraudulent

Transfer Act, A.R.S. 44-1001, et seq. 2) Jurisdiction and venue in this Court are proper. THE PARTIES 3) Arizona. 4) Defendant KSC, L.L.C., is an Arizona limited liability company which filed its Plaintiff [Consumer] is an individual and resident of Coconino County, state of

Articles of Organization on October 4, 2000. 5) L.L.C. THE UNDERLYING LAWSUIT AND JUDGMENT Defendants Mark Doerfler and Kory Doerflers are members of Defendant KSC,

6)

On April 11, 2000, Plaintiff [Consumer] initiated a lawsuit (Hunter v. 30 Plus,

L.L.C., Maricopa CV2000-091013) against Defendants Mark Doerfler and Kory Doerfler, and 30 Plus, L.L.C., by filing a Complaint in the Maricopa County Superior Court. 7) In the lawsuit Hunter v. 30 Plus, L.L.C., Maricopa CV2000-091013, Plaintiff

[Consumer] sought damages resulting from a fraudulent sale of a previously salvaged and unsafely repaired automobile by Defendants Mark Doerfler and Kory Doerfler. 8) On April 13, 2000, Defendants Mark Doerfler was served with the Summons and

Complaint in Hunter v. 30 Plus, L.L.C., Maricopa CV2000-091013. 9) On May 12, 2000, Defendants Mark Doerfler and Kory Doerfler filed their

Answer in Hunter v. 30 Plus, L.L.C., Maricopa CV2000-091013. 10) On September 1, 2000, Defendants Mark Doerfler and Kory Doerfler filed a

pleading titled Motion for Extension in Hunter v. 30 Plus, L.L.C., Maricopa CV2000-091013. 11) On November 13, 2000, Defendants Mark Doerfler and Kory Doerfler filed a

pleading titled Motion for Extension Discovery & Disclosure in Hunter v. 30 Plus, L.L.C., Maricopa CV2000-091013. 12) On April 16, 2001, Honorable Judge Pro Tem Terry Pillinger entered a Judgment

ruling in favor of Plaintiff [Consumer] and awarded her $265,000.00 in damages in Hunter v. 30 Plus, L.L.C., Maricopa CV2000-091013. See Judgment in Hunter v. 30 Plus, L.L.C., Maricopa CV2000-091013, attached hereto as Exhibit A. THE FRAUDULENT CONVEYANCE 13) On March 7, 2001, Defendants Mark Doerfler and Kory Doerfler recorded in the

Maricopa County Recorders Office a Quit Claim Deed transferring a real property with the address of [Address], from Defendants Mark Doerfler and Kory Doerfler to Defendant KSC, L.L.C. See Quit Claim Deed attached hereto as Exhibit B. 14) A legal description of the property is Attached as Exhibit A to the Quit Claim

Deed attached hereto as Exhibit B.

15)

Defendants Mark Doerfler and Kory Doerfler transferred the above described

property to Defendant KSC, L.L.C., in an attempt to avoid paying any and all damages that may be owing to Plaintiff [Consumer] as a result of the underlying lawsuit Hunter v. 30 Plus, L.L.C., Maricopa CV2000-091013. 16) Defendants Mark Doerfler and Kory Doerfler made the above described transfer

withe actual intent to hinder, delay or otherwise defraud with respect to the judgment expected to be entered in Hunter v. 30 Plus, L.L.C., Maricopa CV2000-091013. 17) Defendant KSC, L.L.C., is a sham corporate entity established to receive the

above described property in an attempt to avoid paying any and all damages that may be owing to Plaintiff [Consumer] as a result of the underlying lawsuit Hunter v. 30 Plus, L.L.C., Maricopa CV2000-091013. 18) The above described transfer of the property was made subsequent to the filing of

the underlying lawsuit Hunter v. 30 Plus, L.L.C., Maricopa CV2000-091013, and that the said transfer was executed in order to insulate Defendants Mark Doerfler and Kory Doerfler from the judgment rendered in the underlying lawsuit. 19) The above described transfer of property was executed without the exchange of a

reasonably equivalent value. 20) Defendants Mark Doerfler and Kory Doerfler believed, or reasonably should have

believed that they would incur, debt in the form of judgment beyond their ability to pay at the time of the judgment. 21) Defendants Mark Doerfler and Kory Doerfler retained control of the property

transferred after the transfer. 22) made. 23) Defendants Mark Doerfler and Kory Doerfler sold or otherwise disposed of their Defendants Mark Doerfler and Kory Doerfler were sued before the transfer was

residence and used car business and moved out of Arizona.

WHEREFORE, Plaintiff request judgment against the Defendants, and all of them, as follows: a. That the Court enter an Order avoiding the transfer of any and all property

described above to the extent necessary to satisfy the Judgment in Hunter v. 30 Plus, L.L.C., Maricopa CV2000-091013 entered against Defendants Mark Doerfler and Kory Doerfler and revesting the property in the name of Defendants Mark Doerfler and Kory Doerfler, so that the Lien of Judgment attaches in the property as of the date the Judgment was entered and recorded. b. fees. c. For all other further relief provided for in A.R.S. 44-1007, or any other That the Court enter an Order for Plaintiffs costs and reasonable attorneys

relief, as the Court deems appropriate. RESPECTFULLY SUBMITTED on April 19, 2001. [Attorney for Plaintiff]

by _____________________________ [Attorney for Plaintiff] Attorney for Plaintiff

9.2

First Discovery Request of Judgment Debtor

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF ARIZONA Case No. Chapter 13 FIRST SET OF DISCOVERY REQUEST TO DEBTOR [CONSUMER] BY CREDITORS CARRILLO AND DOSS

In re: [CONSUMER], SS # [SSN] Debtor,

Pursuant to Rule 7026(a) of Bankruptcy Rules and Rules 33 and 34 of Federal Rules of Civil Procedure, Creditors Carillo and Doss hereby propound the following discovery to Debtor [Consumer]. Based on the expedited discovery ordered by the Court, Creditors request Debtor to respond to the discovery on or before February 28, 2002. INSTRUCTIONS FOR USE 1. 2. The term Debtor as used herein means [Consumer]. The term Bankruptcy Case as used herein means Case No. [Case no.], in the United States Bankruptcy Court for the District of Arizona. 3. Person refers to any entity, whether a natural person, corporate entity, partnership, joint venture or association of any kind. 4. The term You refers to [Consumer] or any of the corporate entities listed in item 12, Schedule B of your Chapter 13 Schedules which did not file a separate tax returns during any of the following years: 1999, 2000, or 2001. 5. The terms document or documents are used herein in their customary broad sense, and mean any kind of printed, recorded, written, graphic, or photographic matter (including tape recordings), however printed, produced, reproduced, coded or stores of any kind of description, whether sent or received, or not, including originals, copies, reproductions, facsimiles, drafts, and both sides thereof, and

including without limitation, papers, books, accounts, ledgers, journals, books, or memoranda, telegrams, cables, wire transfers, notes notations, work papers, inter and intra-office communications to, between or among directors, officers, partners, agents or employees, transcripts, minutes, reports, and recordings of telephone or other conversations or of interviews or of conferences, or of committee meetings, or of other meetings agreements, contracts, invoices, statistical records, data sheets, computer tapes or disks, magnetic tapes, punch cards, computer printouts, computer programs, computer program coding sheets, microfilm, microfiche, all other records kept by electronic, photographic or mechanical means, and things similar to any of the foregoing, regardless of their author or origin, of any kind. 6. In producing the documents, you are requested to furnish all documents known or available to you regardless of whether such documents are possessed directly by you, your agents, employees, representatives, investigators or attorneys or their agents, employees, representatives or investigators and regardless of whether the documents were generated by you or on your behalf. 7. If any of the documents cannot be produced in full, produce to the extent possible, and be prepared to specify your reasons for your for your inability or refusal to produce the remainder and including whatever information, knowledge or belief you have concerning the unproduced portion of the documents. In regard to any documents that you claim are privileged, provide a log identifying each such document, its author, the date the document was prepared, any person who has a copy of such document and the general type of information contained in the document. 8. If any documents or things requested were at one time in existence but are no longer in existence, please state, specifying for each such document (1) the type of document, (2) the type of information contained in it, (3) the date upon which it ceased to exist, (4) the circumstances under which it ceased to exist, (5) the

identity of all persons having knowledge of the circumstances under which it ceased to exist, and (6) the identity of all persons having knowledge or who knowledge of the contents of it.

INTERROGATORIES 1. For each corporate entities listed in item 12, Schedule B of your Chapter 13 Schedules, please provide the following information: a. the person or entity which owns the remaining ownership interest if you do not own 100% interest; b. address of each entity within six years immediately preceding the commencement of this case; c. taxpayer identification numbers of each entity within six years immediately preceding the commencement of this case; d. e. f. nature of the businesses for each entity; beginning and ending dates of businesses for each entity; state whether income tax return(s) have been filed for each entity for the years 1999, 2000 and 2001; and g. the taxable income for each entity for the years 1999, 2000 and 2001.

2.

For each creditor listed in Schedule F of your Chapter 13 Schedules, please provide the following information: i) ii) iii) iv) v) vi) the date claim was incurred; the basis of claim; the amount of claim; show calculation of the claim amount; consideration for claim; If the basis of claim is a real estate transaction, please provide the following information:

i. ii. iii.

whether the creditor is a buyer or seller; description and location (address) of the property; recording number of any documents filed with a county recorders office regarding the transaction;

iv. v. vi. vii.

the total price you paid for the property; the amount of down payment made; the source of the down payment; the escrow company involved in the acquisition or sale of the property;

viii.

list all creditors which held any security interest on the property subsequent to your acquisition of the property. For each creditor, please state: A. B. The date of the loan transaction; The terms of credit (credit amount, monthly payment amount, interest rate, length of the credit contract); and C. The date you paid off the creditor in full.

ix.

The nature, extent and total amount of any income you received from the property;

x.

If you sold the property, the total price you received for the property;

xi. g.

If you sold the property, identity of the buyer;

If the basis of claim is a loan transaction (mortgage, deed of trust, loan of any kind), state: i. ii. The date of the loan transaction; Identify (by description and address) any property securing the loan; iii. The terms of credit (credit amount, monthly payment amount, interest rate, length of the credit contract); and

iv. h.

The date you paid off the creditor in full.

If the basis of claim is an employment arrangement, state: i. ii. whether each creditor was an employee or independent contractor; For each employee, please state; a. The corporate entity or entities which employed the creditor; b. c. d. how each creditor was compensated; the amount of compensation; and The amount of taxable income reported in the last IRS Form W-2 issued for the creditor; iii. For each independent contractor, please state: a. The corporate entity or entities which used the contractors service; b. c. d. how each contractor was compensated; the amount of compensation; and The amount of taxable income reported in the last IRS Form 1099 issued for the creditor.

3.

Please list all considerations Phoenix Residential Properties, L.L.C., received in connection with its sale of nine (9) parcels to Rickter Capital Management, L.L.C., on or about July 13, 2001. The nine parcels are listed in the Special Warranty Deed filed with the Maricopa County Recorders Office, recording number [no.]. For your reference, a copy of the Special Warranty Deed bearing your signature is attached to this Interrogatory.

4.

Please describe, in detail, when and to whom the considerations described in the previous interrogatory were distributed by Phoenix Residential Properties, L.L.C.

5.

Please list all considerations Valley Residential Property Purchasers, L.L.C., received in connection with its sale of three (3) parcels to First Maverick Capital

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Management, L.L.C., on or about July 13, 2001. The three parcels are listed in the Special Warranty Deed filed with the Maricopa County Recorders Office, recording number [no.]. For your reference, a copy of the Special Warranty Deed bearing your signature is attached to this Interrogatory. 6. Please describe, in detail, when and to whom the considerations described in the previous interrogatory were distributed by Valley Residential Properties, L.L.C. 7. With respect to your relationship with T.A.O., Inc., please provide the following information: a. b. c. d. e. All positions you held with T.A.O., Inc.; beginning and ending dates of each position; The duties for each position; Description of all compensation you received from T.A.O., Inc.; and If you claim you did not receive any compensation, state the reason why you performed the duties described above without any compensation. 8. With respect to the 1997 Mercedes S420 you purchased on or about August 24, 1999, please provide the following information: a. The source of $18,002.50 in cash down payment you made in connection with the purchase; b. The form (cash, check, cashiers check, etc) of the $18,002.50 down payment made; c. If the $18,002.50 down payment was made with a check drawn against a bank account, please provide the following information regarding the check: i. ii. iii. 9. The identity of the bank, the branch, and address; The account number; and The account holder (individual or corporate entity).

With respect to the 1997 Porsche 993 Carrera you purchased on or about January 20, 1999, please provide the following information:

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a.

The source of $5,000.00 in cash down payment you made in connection with the purchase;

b.

The form (cash, check, cashiers check, etc) of the $5,000.00 down payment made;

c.

If the $5,000.00 down payment was made with a check drawn against a bank account, please provide the following information regarding the check: i. ii. iii. The identity of the bank, the branch, and address; The account number; and The account holder (individual or corporate entity).

d.

The owner of the 1998 Dodge Ram you traded in for a gross allowance credit of $19,500.00;

e.

If you sold the vehicle, please provide the date of the sale, price you received for the sale, and the identity of the buyer.

10.

For each corporate entities listed in item 12, Schedule B of your Chapter 13 Schedules which did not file a separate tax returns during any of the following years: 1999, 2000, or 2001, please provide the following information: a. b. State the reason why a separate tax return was not filed; identify (by description and address) each and every property purchased or sold by each entity for the years 1999, 2000, 2001, and 2002, and for each property, please provide the following information: i. ii. iii. the date of acquisition; the identity of seller from whom the property was acquired from; Recording number of any documents filed with a county recorders office in connection with acquisition or disposition of the property; iv. the total price paid for the property;

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v.

if the property was acquired subject to pre-existing loans or liens, the amount of such loans or liens, and the date such loans or liens were paid off;

vi. vii. viii. ix. x.

market value of the property at the time of acquisition; the amount of down payment; the source of the down payment; the escrow company involved in acquisition of the property; list all creditors which held or currently hold the Deed of Trust on the property. For each creditor, please state: 1. b. c. The date of the loan transaction; the consideration received for the loan; The terms of credit (monthly payment amount, interest rate, length of the credit contract); d. whether the loan is current or delinquent

xi.

The nature, extent and total amount of any income derived from the property;

xii. xiii.

the total price or consideration received for the sale of the property, if the property has been sold; and identity of the buyer who purchased the property.

REQUEST TO PRODUCE 1. All records which results from the transactions listed in your response to interrogatories propounded with this request. 2. A complete copy of all accounting records of the entities owned and controlled by [Consumer] as referenced in Stephen James Cook, CPAs letter to Ralph McDonald, Trustee, dated September 26, 2001. If you do not know the specific documents referred in the letter, please produce a complete copy of all documents sent to Stephen James Cook, CPA, by corporate entities listed in item 12, Schedule B of your Chapter 13 Schedules from January 1, 1999 to present.

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3.

For each corporate entities listed in item 12, Schedule B of your Chapter 13 Schedules, please produce a copy of the following document, or equivalent, if such document exist. You may limit your response to the documents generated from January 1, 1999 to present: f. g. h. i. j. k. l. m. n. o. p. q. Tax returns Operating Statements Cash Control Books of Account for last three years. Profit and Loss Statements Salary Records Expense Accounts of all officers and employees of the corporation Balance Sheet Books for Account for last three years. Balance Sheets Inventories of Assets Cash Disbursement Journals General Journals Other Journals or ledger for recording accounting information

DATED this 14th day of February, 2002. LAW OFFICES OF [Attorney for creditors]

____________________________ [Attorney for creditors] Attorney for Creditors Carrillo, Doss and Quihuis Original and a copy served through U.S. Mail and facsimile on February 14, 2002, to: [Attorney for consumer] Attorney for Debtor [Consumer] And a copy mailed on same date to: [Address of bankruptcy trustee] [Address of Assistant State Attorney General]

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9.3

Second Discovery Request of Judgment Debtor

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF ARIZONA Case No. Chapter 13 SECOND SET OF DISCOVERY REQUEST TO DEBTOR [CONSUMER] BY CREDITORS CARRILLO AND DOSS

In re: [CONSUMER], SS # [SSN] Debtor,

Pursuant to Rule 7026(a) of Bankruptcy Rules and Rules 33 and 34 of Federal Rules of Civil Procedure, Creditors Carillo and Doss hereby propound the following discovery to Debtor [Consumer]. Based on the expedited discovery ordered by the Court, Creditors request Debtor to respond to the discovery on or before March 18, 2002. 1. 2. INSTRUCTIONS FOR USE

The term Debtor as used herein means [Consumer]. The term Bankruptcy Case as used herein means Case No. [Case no.], in the United States Bankruptcy Court for the District of Arizona.

3.

Person refers to any entity, whether a natural person, corporate entity, partnership, joint venture or association of any kind.

4.

The term You refers to [Consumer] or any of the corporate entities listed in item 12, Schedule B of your Chapter 13 Schedules which did not file a separate tax returns during any of the following years: 1999, 2000, or 2001.

5.

The terms document or documents are used herein in their customary broad sense, and mean any kind of printed, recorded, written, graphic, or photographic matter (including tape recordings), however printed, produced, reproduced, coded or stores of any kind of description, whether sent or received, or not, including originals, copies, reproductions, facsimiles, drafts, and both sides thereof, and including without limitation, papers, books, accounts, ledgers, journals, books, or

15

memoranda, telegrams, cables, wire transfers, notes notations, work papers, inter and intra-office communications to, between or among directors, officers, partners, agents or employees, transcripts, minutes, reports, and recordings of telephone or other conversations or of interviews or of conferences, or of committee meetings, or of other meetings agreements, contracts, invoices, statistical records, data sheets, computer tapes or disks, magnetic tapes, punch cards, computer printouts, computer programs, computer program coding sheets, microfilm, microfiche, all other records kept by electronic, photographic or mechanical means, and things similar to any of the foregoing, regardless of their author or origin, of any kind. 6. In producing the documents, you are requested to furnish all documents known or available to you regardless of whether such documents are possessed directly by you, your agents, employees, representatives, investigators or attorneys or their agents, employees, representatives or investigators and regardless of whether the documents were generated by you or on your behalf. 7. If any of the documents cannot be produced in full, produce to the extent possible, and be prepared to specify your reasons for your for your inability or refusal to produce the remainder and including whatever information, knowledge or belief you have concerning the unproduced portion of the documents. In regard to any documents that you claim are privileged, provide a log identifying each such document, its author, the date the document was prepared, any person who has a copy of such document and the general type of information contained in the document. 8. If any documents or things requested were at one time in existence but are no longer in existence, please state, specifying for each such document (1) the type of document, (2) the type of information contained in it, (3) the date upon which it ceased to exist, (4) the circumstances under which it ceased to exist, (5) the identity of all persons having knowledge of the circumstances under which it

16

ceased to exist, and (6) the identity of all persons having knowledge or who knowledge of the contents of it.

INTERROGATORIES 10. For each transaction (purchase, lease, loan, deed of trust, sale, etc.) Valley Residential Property Purchasers, LLC, entered into regarding the property commonly known as [Addressd], please provide the following information: a. b. c. d. e. the date of transaction; the nature of the transaction; the parties involved in the transaction; the consideration paid by all parties involved in the transaction; a detailed itemized statements of expenses incurred by Valley Residential Property Purchasers, LLC, in connection with the transaction; f. amount of net profit realized by Valley Residential Property Purchasers, LLC, in connection with the transaction; and g. if Valley Residential Property Purchasers, LLC, received any consideration in the form of a check, please identify the bank, branch location, and account number of the account into which the check was deposited. REQUEST TO PRODUCE 1. All records which results from the transactions listed in your response to interrogatories propounded with this request. DATED this 4th day of March, 2002. LAW OFFICES OF [Attorney for creditors]

____________________________ [Attorney for creditors] Attorney for Creditors Carrillo and Doss

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Original and a copy served through U.S. Mail on March 4, 2002, to: [Attorney for debtor] Attorney for Debtor [Consumer] And a copy mailed on same date to: [Address of bankruptcy trustee] [Address of Assistant State Attorney General]

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9.4

Third Discovery Request of Judgment Debtor

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF ARIZONA Case No. Chapter 13 THIRD SET OF DISCOVERY REQUESTS TO DEBTOR [CONSUMER] BY CREDITORS CARRILLO AND DOSS

In re: [CONSUMER], SS # [SSN] Debtor,

Pursuant to Rule 7026(a) of Bankruptcy Rules and Rules 33 and 34 of Federal Rules of Civil Procedure, Creditors Carillo and Doss hereby propound the following discovery to Debtor [Consumer]. Based on the expedited discovery ordered by the Court, Creditors request Debtor to respond to the discovery on or before March 18, 2002. 1. 2. INSTRUCTIONS FOR USE

The term Debtor as used herein means [Consumer]. The term Bankruptcy Case as used herein means Case No. [Case no.], in the United States Bankruptcy Court for the District of Arizona.

3.

Person refers to any entity, whether a natural person, corporate entity, partnership, joint venture or association of any kind.

4.

The term You refers to [Consumer] or any of the corporate entities listed in item 12, Schedule B of your Chapter 13 Schedules which did not file a separate tax returns during any of the following years: 1999, 2000, or 2001.

5.

The terms document or documents are used herein in their customary broad sense, and mean any kind of printed, recorded, written, graphic, or photographic matter (including tape recordings), however printed, produced, reproduced, coded or stores of any kind of description, whether sent or received, or not, including originals, copies, reproductions, facsimiles, drafts, and both sides thereof, and including without limitation, papers, books, accounts, ledgers, journals, books, or

19

memoranda, telegrams, cables, wire transfers, notes notations, work papers, inter and intra-office communications to, between or among directors, officers, partners, agents or employees, transcripts, minutes, reports, and recordings of telephone or other conversations or of interviews or of conferences, or of committee meetings, or of other meetings agreements, contracts, invoices, statistical records, data sheets, computer tapes or disks, magnetic tapes, punch cards, computer printouts, computer programs, computer program coding sheets, microfilm, microfiche, all other records kept by electronic, photographic or mechanical means, and things similar to any of the foregoing, regardless of their author or origin, of any kind. 6. In producing the documents, you are requested to furnish all documents known or available to you regardless of whether such documents are possessed directly by you, your agents, employees, representatives, investigators or attorneys or their agents, employees, representatives or investigators and regardless of whether the documents were generated by you or on your behalf. 7. If any of the documents cannot be produced in full, produce to the extent possible, and be prepared to specify your reasons for your for your inability or refusal to produce the remainder and including whatever information, knowledge or belief you have concerning the unproduced portion of the documents. In regard to any documents that you claim are privileged, provide a log identifying each such document, its author, the date the document was prepared, any person who has a copy of such document and the general type of information contained in the document. 8. If any documents or things requested were at one time in existence but are no longer in existence, please state, specifying for each such document (1) the type of document, (2) the type of information contained in it, (3) the date upon which it ceased to exist, (4) the circumstances under which it ceased to exist, (5) the identity of all persons having knowledge of the circumstances under which it

20

ceased to exist, and (6) the identity of all persons having knowledge or who knowledge of the contents of it.

INTERROGATORIES 12. Please respond to the following questions regarding the Kawai Model RX -2S

piano, serial no. [Serial no.] purchased by International Asset Management Group, Inc. and [Consumer] on 06/24/00, including: a. who is the current owner and who is currently in physical possession of the subject property; b. if the property has been sold, please state the date of sale and the amount the property was sold for; c. please state the name and address of the person who purchased the subject property; d. if the subject property is still in your physical possession, please state, in detail, how the subject property has been used since the date you filed bankruptcy;

13.

Please respond to the following questions regarding the 2-Row Diamond Sapphire

ring 18K white gold LDS, sale no. [Sale no.] purchased by [Consumer] on 12/22/00, including: a. who is the current owner and who is currently in physical possession of the subject property; b. if the property has been sold, please state the date of sale and the amount the property was sold for; c. please state the name and address of the person who purchased the subject property; d. if the subject property is still in your physical possession, please state, in detail, how the subject property has been used since the date you filed bankruptcy;

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REQUEST TO PRODUCE 1. All records which resulted from the transactions listed in your responses to interrogatories propounded with this request. DATED this 3rd day of May, 2002. LAW OFFICES OF [Attorney for creditors]

____________________________ [Attorney for creditors] Attorney for Creditors Carrillo and Doss

Original and a copy served through U.S. Mail on May 3, 2002, to: [Attorney for debtor] Attorney for Debtor [Consumer] And a copy mailed on same date to: [Address of bankruptcy trustee] [Address of Assistant State Attorney General] [Attorney for debtor] Attorney for Debtor [Consumer]

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