Professional Documents
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0153 14115 Moorpark Street, #310 Sherman Oaks, California 91423 Los Angeles
x x
Case 1:12-bk-13500-AA
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Case 1:12-bk-13500-AA
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/S/ KENNETH JAY SCHWARTZ Kenneth Jay Schwartz Law office of Kenneth Jay Schwartz 21031 Ventura Boulevard, Suite 640 Woodland Hills, California 91364 (8l8) 226-1205 April 15, 2012
Case 1:12-bk-13500-AA
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Case 1:12-bk-13500-AA
Official Form 1-Exhibit D (Rev 12/09)
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Case No.
EXHIBIT D- INDIVIDUAL DEBTORS STATEMENT OF COMPLIANCE WITH CREDIT COUNSELING REQUIREMENT WARNING: You must be able to check truthfully one fo the five statements regarding credit counseling listed below. If you cannot do do, you are not eleigible to file a bankruptcy case, and the court can dismiss any case you do file. If that happens, you will lose whatever filing fee you paid, and your creditors will be able to resume collection activities against you. If your case is dismissed and you file another bankruptcy case later, you may be reqiuired to pay a second filing fee and you may have to take extra steps to stop creditors collection activities. Every individual debtor must file this Exhibit D. If a joint petition is filed, each spouse must complete and file a separate Exhibit D. Check one of the five statements below and attach any documents as directed. x 1. Within the 180 days before the filing of my case, I received a briefing from a credit counseling agency approved by the United States Trustee or bankruptcy administrator that outlined the opportunities for available credit counseling and assisted me in performing a related budget analysis, and I have a certificate from the agency describing the services provided to me. [Attach a copy of the certificate and any debt repayment plan] 2. Within the 180 days before the filing of my case, I received a briefing from a credit counseling agency approved by the United States Trustee or bankruptcy administrator that outlined the opportunities for available credit counseling and assisted me in performing a related budget analysis, but I do not have a certificate from the agency describing the services provided to me. [You must file a copy of the certificate and any debt repayment plan developed throught he agency within 15 days after your bankruptcy case is filed]. 3. I certify that I requested credit counseling services from an approved agency but was unable to obtain the services during the five days from the time I made my request, and the following exigent circumstances merit a temporary waiver of the credit counseling requirement so that I can file my bankruptcy case now. [Must be accompanied by a motion for determination by the court. Summarize exigent circumstances here]
If your certification is satisfactory to the court, you must still obtain the credit counseling briefing within the first 30 days after you file your bankruptcy case and promptly file a certificate from the agency that provided the briefing , together with a copy of any debt management plan developed through the agency. Failure to fulfill these requirements may result in dismissal of your case. Any extension fo the 30-day deadline can be granted only for cause and is limited to a maximumof 15 days. Your case may also be dismissed if the court is not satisfied with your reasons for filing your bankruptcy case without first receiving a credit counseling briefing.
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Case 1:12-bk-13500-AA
Official Form 1-Exhibit D (Rev 12/09)
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In re
EXHIBIT D (Page 2)
4. I am not required to receive a credit counseling briefing because of: [Check the applicable statement. Must be accompanied by a motion for determination by the court]. Incapacity. (Defined in 11 U.S.C. 109(h)(4) as impaired by reason of mental illness or mental deficiency so as to be incapable of realizing and making rational decisions with respect to financial responsibilities); Disability. (Defined in 11 U.S.C. 109(h)(4) as physically impaired to the extent of being unable, after reasonable effort, to participate in a credit counseling briefing in person, by telephone, or through the internet.
5. The United States Trustee or bankruptcy administrator has determined that the credit counseling requirement of 11 U.S.C. 109(h) does not apply in this district.
I certify under penalty of perjury that the information provided above is true and correct.
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INFORMATION REQUIRED BY LOCAL RULE 1015-2 UNITED STATES BANKRUPTCY COURT, CENTRAL DISTRICT OF CALIFORNIA
1. A petition under the Bankruptcy Act of 1898 or the Bankruptcy Reform Act of 1978 has previously been filed by or against the debtor, his/her spouse, or current or former domestic partner, an affiliate of the debtor, any copartnership or joint venture of which the debtor is or formerly was a general or limited partner, or member, or any corporation of which the debtor is a director, officer, or person in control as follows: (Set forth the complete number and title of such prior proceeding, date filed, nature thereof, Bankruptcy Judge and court to whom assigned, whether still pending, and, if not, the disposition thereof. If none, so indicate.)
None
2. (If petitioner is a partnership or joint venture) A petition under the Bankruptcy Act of 1898 or the Bankruptcy Reform Act of 1978 has previously been filed by or against the debtor, or a general partner in the debtor, a relative of the general partner, general partner of, or person in control of the debtor, partnership in which the debtor is a general partner, general partner of the debtor, or person in control of the debtor as follows: (Set forth the complete number and title of such prior proceeding, date filed, nature thereof, Bankruptcy Judge and court to whom assigned, whether still pending, and, if not, the disposition thereof. If none, so indicate.)
N/A
3. (If debtor is a corporation) A petition under the Bankruptcy Act of 1898 or the Bankruptcy Reform Act of 1978 has previously been filed by or against the debtor, or any of its affiliates or subsidiaries, an officer or director of the debtor, a partnership in which the debtor is a general partner, a general partner of the debtor, a relative of the general partner, director, officer, or person in control of the debtor, or any person/entity owning 20% or more of its voting stock as follows: (Set forth the complete number and title of such prior proceeding, date filed, nature thereof, Bankruptcy Judge and court to whom assigned, whether still pending, and, if not, the disposition thereof. If none, so indicate.)
N/A
4. (If petitioner is an individual) A petition under the Bankruptcy Reform Act of 1978 has been filed by or against the debtor within the last 180 days: (Set forth the complete number and title of such prior proceeding, date filed, nature thereof, Bankruptcy Judge and court to whom assigned, whether still pending, and, if not, the disposition thereof. If none, so indicate.)
None
I/we declare under penalty of perjury that the foregoing is true and correct. Executed at Woodland Hills, California.
January 2009
F 1015-2.1
Case of Available Chapters 1 Filed 04/15/12 B201-Notice 1:12-bk-13500-AA Doc (Rev. 11/11) Main Document
Kenneth Jay Schwartz (#99548) LAW OFFICE OF KENNETH JAY SCHWARTZ 21031 Ventura Boulevard, Suite 640 Woodland Hills, California 91364 Telephone: (818) 226-1205 Facsimile: (818) 226-1213
Attorney for Debtor(s)
In accordance with 342(b) of the Bankruptcy Code, this notice: (1) Describes briefly the services available from credit counseling services; (2) Describes briefly the purposes, benefits and costs of the four types of bankruptcy proceedings you may commence; and (3) Informs you about bankruptcy crimes and notifies you that the Attorney General may examine all information you supply in connection with a bankruptcy case. You are cautioned that bankruptcy law is complicated and not easily described. Thus, you may wish to seek the advice of an attorney to learn your rights and responsibilities should you decide to file a petition. Court employees cannot give you legal advice. 1. Services Available from Credit Counseling Agencies With limited exceptions, 109(h) of the Bankruptcy Code requires that all individual debtors who file for bankruptcy relief on or after October 17, 2005, receive a briefing that outlines the available opportunities for credit counseling and provides assistance in performing a budget analysis. The briefing must be given within 180 days before the bankruptcy filing. The briefing may be provided individually or in a group (including briefings conducted by telephone or on the internet) and must be provided by a nonprofit budget or counseling agency approved by the United States trustee or bankruptcy administrator. The clerk of the Bankruptcy Court has a list that you may consult of the approved budget and counseling agencies. In addition, after filing a bankruptcy case, an individual debtor generally must complete a financial management instructional course before he/she can receive a discharge. The clerk of the Bankruptcy Court also has a list of approved financial management instructional courses. 2. The Four Chapters of the Bankruptcy Code Available to Individual Consumer Debtors Chapter 7: Liquidation ($252 filing fee, $39 administrative fee, $15 trustee surcharge: Total Court Fee: $306) 1. Chapter 7 is designed for debtors in financial difficulty who do not have the ability to pay their existing debts. Debtors whose debts are primarily consumer debts are subject to a means test designed to determine whethr the case should be permitted to proceed under Chapter 7. If your income is greater than the median income for your state of residence and family size, in some cases, creditors have the right to file a motion requesting that the court dismiss your case under 707(b) of the Bankruptcy Code. It is up to the court to dscide whether the case should be dismissed.
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Filed 04/15/12
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Page 9 of 29 2. Under Chapter 7, you may claim Main Documentproperty as exempt under governing law. A trustee may certain of your have the right to take possession of and sell the remaining property that is not exempt and use the sale proceeds to pay your creditors.
3. The purpose of filing a Chapter 7 is to obtain a discharge of your existing debts. If, however, you are found to have committed certain kinds of improper conduct described in the Bankruptcy Code, the Court may deny your discharge, and if it does, the purpose for which you filed the bankruptcy petition wiil be defeated. 4. Even if you receive a general discharge, some particular debts are not discharged under the law. Therefore, you may still be responsible for most taxes and student loans; debts incurred to pay nondischargeable taxes; domestice support and property settlement obligations; most fines, penalties, forefeitures, and criminal restitution obligations; certain debts which are not properly listed in your bankruptcy papers; and debts for death or personal injury caused by operating a motor vehicle, vessel, or aircraft while intoxicated from alcohol or drugs. Also, if a creditor can prove that a debt arose from fraud, breach of a fiduciary duty, or theft, or from a willful and malicious injury, the bankruptcy court may determine that the debt is not discharged. Chapter 13: Repayment of All or Part of the Debts of an Individual with Regular Income ($242 filing fee, $39 administrative fee: Total Court Fee: $281)
1. Chapter 13 is designed for individuals with regular income who would like to pay all or part of their debts in installments over a period of time. You are only eligible for Chapter 13 if your debts do not exceed certain dollar amounts set forth in the Bankruptcy Code. 2. Under Chapter 13, you must file with the court a plan to repay your creditors all or part of the money that you owe them, using future earnings. The period allowed by the court to repay your debts may be three years or five years, depending upon your income and other factors. The court must approve your plan before it can take effect. 3. After completing the payments under your plan, your debts are generally discharged except for domestic support obligations; most student loans; certain taxes; most criminal fines and restitution obligations; certain debts which are not properly listed in your bankruptcy papers; certain debts for acts that caused death or personal injury; and certain long term secured obligations. Chapter 11: Reorganization ($1,007 filing fee, $39 administrative fee: Total Court Fee $1,046) Chapter 11 is designed for the reorganization of a business but is also available for consumer debtors. Its provisions are quite complicated, and any decision by an individual to file a Chapter 11 petition should be reviewed with an attorney. Chapter 12: Family Farmer or Fisherman ($207 filing feel $39 administrative fee: Total Court Fee $246) Chapter 12 is designed to permit family farmers and fishermen to repay their debts over a period of time from future earnings and is similar to Chapter 13. The eligibility requirements are restictive, limiting its use to those whose income arises primarily from a family-owned farm or commercial fishing operation.
3.
Bankruptcy Crimes and Availability of Bankruptcy Papers to Law Enforcement Officials A person who knowingly and fraudulently conceals assets or makes a false oath or statement under penalty of perjury, either orally or in writing, in connection with a bankruptcy case is subject to fine, imprisonment, or both. All information supplied by a debtor in connection with a bankruptcy case is subject to examination by the Attorney General acting through the Office of the United States Trustee, the Office of the United States Attorney, and other components and employees of the Department of Justice.
WARNING: Section 521(a)(1) of the Bankruptcy Code requires that you promptly file detailed information regarding your creditors, assets, liabilities, income, expenses and general financial condition. Your bankruptcy case may be dismissed if this information is not filed with the court within the deadlines set by the Bankruptcy Code, Bankruptcy Rules, and the local rules of the court. [Page 2 of 3 Pages]
Case 1:12-bk-13500-AA
CERTIFICATE
Doc 1 Filed 04/15/12 Entered 04/15/12 18:21:35 Main Document BANKRUPTCY 29 Page 10 of PETITION PREPARER OF NON-ATTORNEY
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I , the non-attorney bankruptcy petition preparer signing the debtors petition, hereby certify that I delivered to the debtor this notice required by 342(b) of the Bankruptcy Code.
Date
CERTIFICATE
OF
THE
DEBTOR(S)
I/We affirm that we have received and read this notice. Dated: April 15, 2012 Sean Michael Larkin Printed Name(s) of Debtor(s) Case No. (if known) Signature of Co-Debtor /s/ Sean Michael Larkin Signature of Debtor
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District
of
California
Case No.: Chapter:
Debtors residence
Surrendered
Retained
Redeem the property Reaffirm the debt Other. Explain avoid lien using 11 U.S.C. 522(f)). Property is (check one): x Claimed as exempt Not claimed as exempt x
Will continue to pay
(for example,
Property No. 2 (if necessary) Creditors Ford Credit Name: Describe Property 2011 Ford Flex Securing Debt:
Surrendered
Retained
Redeem the property Reaffirm the debt Other. Explain avoid lien using 11 U.S.C. 522(f)). Property is (check one): Claimed as exempt x x (for example,
Case 1:12-bk-13500-AA
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Part B - Personal property subject to unexpired leases. (All three columns of Part B must be completed for each unexpired lease. Attached additional pages if necessary.)
Property No. 1
Lessors None
Name:
Describe
Leased
Lessors
Name:
Describe
Leased
YES
NO
Lessors
Name:
Describe
Leased
I declare under penalty of perjury that the above indicates my intention as to any property of my estate securing a debt and/or personal property subject to an enexpired lease.
Case 1:12-bk-13500-AA
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Case 1:12-bk-13500-AA
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Case 1:12-bk-13500-AA
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KENNETH JAY SCHWARTZ, ESQ, (#99548) LAW OFFICES OF KENNETH JAY SCHWARTZ 21031 Ventura Boulevard, Suite 640 Woodland Hills, California 91364-2203 (818) 226-1205 Attorneys for: Debtor(s) UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA
In re:
CHAPTER
(No
CASE
NUMBER
Hearing
Required)
DECLARATION RE: LIMITED SCOPE OF APPEARANCE PURSUANT TO LOCAL BANKRUPTCY RULE 2090-1(a)(3)
TO 1. 2. THE COURT, DEBTOR(S), THE TRUSTEE (if any) AND THE UNITED STATES TRUSTEE:
I am the attorney for the Debtor(s) in the above-captioned Bankruptcy case. April 15, 2012 On , I agreed with the Debtor(s) that for a fee of $ 2,500 , I would provide only the following services: a. b. c.
x x
Prepare and file Petition and Schedules Represent the Debtor(s) at the 341(a) Hearing Represent the Debtor(s) in any Relief from Stay actions for the first 2 hours thereof; thereafter at an hourly rate of $ . ( ) Represent the Debtor(s) in any proceeding involving an objection to Debtors discharge pursuant to 11 U.S.C. 727 for the first 2 hours thereof; thereafter at an hourly rate of $ . ( ) Represent the Debtor(s) in any proceeding to determine whether a specific debt is nondischargeable under 11 U.S.C. 523 for the first 2 hours thereof; thereafter at an hourly rate of $ . ( ) Attendance at any reaffirmation agreement hearing in Court will require Other: payment of additional attorneys fees, paid in advance, of $250.00.
Debtors initials
d.
e.
f.
I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct and that this declaration was executed on the following date at the city set forth in the upper left hand corner of this page. LAW OFFICES OF D A T E D : April 15, 2012 KENNETH JAY SCHWARTZ I/WE HEREBY APPROVE THE ABOVE. /s/ Sean Michael Larkin /s/ Kenneth Jay Schwartz Debtor By: KENNETH JAY SCHWARTZ Attorney for Debtor(s) Joint Debtor
3.
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Doc 1 Filed 04/15/12 Entered 04/15/12 18:21:35 Main Document Page 25 of 29 KENNETH JAY SCHWARTZ (#99548) LAW OFFICE OF KENNETH JAY SCHWARTZ 21031 Ventura Boulevard, Suite 640 Woodland Hills, California 91364-2226 (818) 226-1205 Facsimile: (818) 226-1213 Attorney for: Debtor UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA ) CHAPTER 7 ) ) CASE NO. ) ) ) ) ) ) )
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List all names, including trade names used by Debtor(s) within last 6 years:
Social Security No. xxx-xx-0153 Debtor Social Security No. _______________________Joint Debtor Debtors Tax I.D. No. _________________________________________
VERIFICATION OF CREDITOR MATRIX The above-named debtor(s), or debtors attorney if applicable, do hereby certify under penalty of perjury that the attached Master 4 Mailing list of creditors, consisting of ____ sheet(s) is complete, correct, and consistent with the debtors schedules pursuant to Local Bankruptcy Rule 105(6), and I/we assume all responsibility for errors and omissions. Date: April 15, 2012 /s/ Sean Michael Larkin Debtor
Joint Debtor
Case 1:12-bk-13500-AA
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Sean Michael Larkin 14115 Moorpark Street #310 Sherman Oaks, CA 91423
Kenneth Jay Schwartz Esq 21031 Ventura Boulevard Suite 640 Woodland Hills, CA 91364 Office of the US Trustee 21051 Warner Center Lane #115 Woodland Hills, CA 91367
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American Express c/o Zwicker & Associates 199 S Los Robles Ave #410 Pasadena, CA 91101 American Express PO Box 297858 Ft Lauderdale, FL 33329-7858
Bank of America Home Loans Customer Service PO Box 5170 Simi Valley, CA 93062-5170 Bank of America Home Loans Customer Service PO Box 5170 Simi Valley, CA 93062-5170 Bank of America PO Box 982235 El Paso, TX 79998-2235
Citi Mastercard Customer Service PO Box 6500 Sioux Falls, SD 57117 Citi Mastercard Customer Service PO Box 6500 Sioux Falls, SD 57117
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Darlene Lieblich Tipton c/o Stanley P Lieber Esq 1680 N Vine Street #617 Los Angeles, CA 90068 El Cubano Music Inc c/o Richard A Kobler Esq 2029 Century Park East #900 Los Angeles, CA 90067-2910 Franchise Tax Board Special Proc/Bankruptcy PO Box 2952 Sacramento, CA 95812-2952 George Pajon Jr c/o Richard A Kobler Esq 2029 Century Park East #900 Los Angeles, CA 90067-2910 Haber Corporation 16830 Ventura Blvd #501 Encino, CA 91436
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Marcus Heisser c/o Loyst P Fletcher Esq 3660 Wilshire Blvd #818 Los Angeles, CA 90010 Miller Barondess LLP 1999 Avenue of the Stars Suite 1000 Los Angeles, CA 90067 National Bankruptcy Service Center (Ford Credit) PO Box 6275 Dearborn, MI 48121 United Overseas Investments 13701 Riverside Drive #310 Sherman Oaks, CA 91423