James R. Rosendall Jr.'s Bankruptcy Filing.
James R. Rosendall Jr.'s Bankruptcy Filing.
James R. Rosendall Jr.'s Bankruptcy Filing.
Case:11-06672-jdg Doc #:1 Filed: 06/17/11 United States Bankruptcy Court Western District of Michigan
Name of Joint Debtor (Spouse) (Last, First, Middle): All Other Names used by the Joint Debtor in the last 8 years (include married, maiden, and trade names): Last four digits of Soc. Sec. or Individual-Taxpayer I.D. (ITIN)/Complete EIN(if more than one, state all): Street Address of Joint Debtor (No. & Street, City, and State):
49544
ZIP CODE County of Residence or of the Principal Place of Business: Mailing Address of Joint Debtor (if different from street address): ZIP CODE ZIP CODE
KENT
Mailing Address of Debtor (if different from street address): ZIP CODE Location of Principal Assets of Business Debtor (if different from street address above):
Type of Debtor
(Form of Organization) (Check one box.)
Nature of Business
(Check one box) Health Care Business Single Asset Real Estate as defined in 11 U.S.C. 101(51B) Railroad Stockbroker Commodity Broker Clearing Bank Other
Chapter of Bankruptcy Code Under Which the Petition is Filed (Check one box)
Individual (includes Joint Debtors) See Exhibit D on page 2 of this form. Corporation (includes LLC and LLP) Partnership Other (If debtor is not one of the above entities, check this box and state type of entity below.)
Chapter 15 Petition for Recognition of a Foreign Main Proceeding Chapter 15 Petition for Recognition of a Foreign Nonmain Proceeding
_____________________
Nature of Debts
(Check one box)
Debts are primarily consumer debts, defined in 11 U.S.C. 101(8) as incurred by an individual primarily for a personal, family, or household purpose.
Tax-Exempt Entity
(Check box, if applicable)
Debtor is a tax-exempt organization under Title 26 of the United States Code (the Internal Revenue Code.)
Full Filing Fee attached Filing Fee to be paid in installments (applicable to individuals only). Must attach signed application for the court's consideration certifying that the debtor is unable to pay fee except in installments. Rule 1006(b) See Official Form 3A. Filing Fee waiver requested (applicable to chapter 7 individuals only). Must attach signed application for the court's consideration. See Official Form 3B.
Debtor is a small business debtor as defined in 11 U.S.C. 101(51D). Debtor is not a small business debtor as defined in 11 U.S.C. 101(51D). Debtor's aggregate noncontingent liquidated debts (excluding debts owed to insiders or affiliates) are less than $2,343,300 ( amount subject to adjustment on 4/01/13 and every three years thereafter ). A plan is being filed with this petition Acceptances of the plan were solicited prepetition from one or more classes of creditors, in accordance with 11 U.S.C. 1126(b).
THIS SPACE IS FOR COURT USE ONLY
Check if:
Statistical/Administrative Information
Debtor estimates that funds will be available for distribution to unsecured creditors. Debtor estimates that, after any exempt property is excluded and administrative expenses paid, there will be no funds available for distribution to unsecured creditors.
200999
1,0005,000
5,00110,000
10,00125,000
25,00150,000
50,001100,000
Over 100,000
149
5099
100199
Estimated Assets
$100,001 to $500,000
$500,000,001 to $1 billion
$500,001 to $1,000,001 $10,000,001 $50,000,001 $100,000,001 to $100 to $500 $1 to $10 to $50 million million million million million
$100,001 to $500,000
$500,000,001 to $1 billion
$500,001 to $1,000,001 $10,000,001 $50,000,001 $100,000,001 $1 to $10 to $50 to $100 to $500 million million million million million
Case:11-06672-jdg
Page 2 of 50
Voluntary Petition
(This page must be completed and filed in every case)
All Prior Bankruptcy Cases Filed Within Last 8 Years (If more than two, attach additional sheet.)
Location Where Filed: Location Where Filed:
NONE
Case Number:
Pending Bankruptcy Case Filed by any Spouse, Partner or Affiliate of this Debtor (If more than one, attach additional sheet)
Name of Debtor: Case Number: Relationship: Date Filed: Judge:
NONE
District:
Exhibit A
(To be completed if debtor is required to file periodic reports (e.g., forms 10K and 10Q) with the Securities and Exchange Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 and is requesting relief under chapter 11.)
Exhibit B
(To be completed if debtor is an individual whose debts are primarily consumer debts) I, the attorney for the petitioner named in the foregoing petition, declare that I have informed the petitioner that [he or she] may proceed under chapter 7, 11, 12, or 13 of title 11, United States Code, and have explained the relief available under each such chapter. I further certify that I have delivered to the debtor the notice required by 11 U.S.C. 342(b).
X Not Applicable
Date
Does the debtor own or have possession of any property that poses or is alleged to pose a threat of imminent and identifiable harm to public health or safety? Yes, and Exhibit C is attached and made a part of this petition.
No
Exhibit D
(To be completed by every individual debtor. If a joint petition is filed, each spouse must complete and attach a separate Exhibit D.)
Exhibit D completed and signed by the debtor is attached and made a part of this petition.
Exhibit D also completed and signed by the joint debtor is attached and made a part of this petition.
Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 180 days immediately preceding the date of this petition or for a longer part of such 180 days than in any other District. There is a bankruptcy case concerning debtor's affiliate. general partner, or partnership pending in this District. Debtor is a debtor in a foreign proceeding and has its principal place of business or principal assets in the United States in this District. or has no principal place of business or assets in the United States but is a defendant in an action or proceeding [in a federal or state court] in this District, or the interests of the parties will be served in regard to the relief sought in this District.
Certification by a Debtor Who Resides as a Tenant of Residential Property (Check all applicable boxes.)
Landlord has a judgment against the debtor for possession of debtor's residence. (If box checked, complete the following).
Debtor claims that under applicable nonbankruptcy law, there are circumstances under which the debtor would be permitted to cure the entire monetary default that gave rise to the judgment for possession, after the judgment for possession was entered, and Debtor has included in this petition the deposit with the court of any rent that would become due during the 30-day period after the filing of the petition. Debtor certifies that he/she has served the Landlord with this certification. (11 U.S.C. 362(l)).
Case:11-06672-jdg
Page 3 of 50
Voluntary Petition
(This page must be completed and filed in every case)
Signatures
Signature(s) of Debtor(s) (Individual/Joint)
I declare under penalty of perjury that the information provided in this petition is true and correct. [If petitioner is an individual whose debts are primarily consumer debts and has chosen to file under chapter 7] I am aware that I may proceed under chapter 7, 11, 12 or 13 of title 11, United States Code, understand the relief available under each such chapter, and choose to proceed under chapter 7. [If no attorney represents me and no bankruptcy petition preparer signs the petition] I have obtained and read the notice required by 11 U.S.C. 342(b). I request relief in accordance with the chapter of title 11, United States Code, specified in this petition.
I request relief in accordance with chapter 15 of Title 11, United States Code. Certified Copies of the documents required by 1515 of title 11 are attached. Pursuant to 11 U.S.C. 1511, I request relief in accordance with the Chapter of title 11 specified in the petition. A certified copy of the order granting recognition of the foreign main proceeding is attached.
X Not Applicable
(Signature of Foreign Representative)
X Not Applicable
Signature of Joint Debtor
Telephone Number (If not represented by attorney) (Printed Name of Foreign Representative)
6/17/2011
Date
Date
Signature of Attorney
X /s/Michael M. Malinowski
Signature of Attorney for Debtor(s)
Not Applicable
Printed Name and title, if any, of Bankruptcy Petition Preparer
616-475-4994
Telephone Number
616-475-5313
6/17/2011
Date *In a case in which 707(b)(4)(D) applies, this signature also constitutes a certification that the attorney has no knowledge after an inquiry that the information in the schedules is incorrect.
Social-Security number (If the bankruptcy petition preparer is not an individual, state the Social-Security number of the officer, principal, responsible person or partner of the bankruptcy petition preparer.) (Required by 11 U.S.C. 110.)
Address
X Not Applicable
Date Signature of bankruptcy petition preparer or officer, principal, responsible person, or partner whose Social-Security number is provided above. Names and Social-Security numbers of all other individuals who prepared or assisted in preparing this document unless the bankruptcy petition preparer is not an individual. If more than one person prepared this document, attach to the appropriate official form for each person. A bankruptcy petition preparers failure to comply with the provisions of title 11 and the Federal Rules of Bankruptcy Procedure may result in fines or imprisonment or both. 11 U.S.C. 110; 18 U.S.C. 156.
X Not Applicable
Signature of Authorized Individual
Case:11-06672-jdg
B6A (Official Form 6A) (12/07) In re:
Page 4 of 50
Case No.
(If known)
CURRENT VALUE OF DEBTOR'S INTEREST IN PROPERTY, WITHOUT DEDUCTING ANY SECURED CLAIM OR EXEMPTION
RESIDENCE AT 3050 RIDGE PORT DRIVE, NW, GRAND RAPIDS MI 49544, PPN 41-09-33-125-018
Co-Owner
$ 600,000.00
$ 992,298.00
Total
$ 600,000.00
(Report also on Summary of Schedules.)
Case:11-06672-jdg
B6B (Official Form 6B) (12/07) In re
Page 5 of 50
TYPE OF PROPERTY
CURRENT VALUE OF DEBTOR'S INTEREST IN PROPERTY, WITHOUT DEDUCTING ANY SECURED CLAIM OR EXEMPTION
NONE
1. Cash on hand 2. Checking, savings or other financial accounts, certificates of deposit, or shares in banks, savings and loan, thrift, building and loan, and homestead associations, or credit unions, brokerage houses, or cooperatives. 3. Security deposits with public utilities, telephone companies, landlords, and others. 4. Household goods and furnishings, including audio, video, and computer equipment. 5. Books, pictures and other art objects, antiques, stamp, coin, record, tape, compact disc, and other collections or collectibles. 6. Wearing apparel. 7. Furs and jewelry. 8. Firearms and sports, photographic, and other hobby equipment.
CASH X
10.00
CLOTHING WEDDING RING GOLF CART ($200), OLD TREADMILL ($50), ELLIPTICAL EXERCISE MACHINE ($100), CAMERA ($50), BIKE ($50), RIDING LAWN MOWER ($3,000), GOLF CLUBS ($100), FISHING POLES ($25): HIS HALF EXEMPTED X J
9. Interests in insurance policies. Name insurance company of each policy and itemize surrender or refund value of each. 10. Annuities. Itemize and name each issuer. 11. Interests in an education IRA as defined in 26 U.S.C. 530(b)(1) or under a qualified State tuition plan as defined in 26 U.S.C. 529(b)(1). Give particulars. (File separately the record(s) of any such interest(s). 11 U.S.C. 521(c).) 12. Interests in IRA, ERISA, Keogh, or other pension or profit sharing plans. Give particulars. Interests in IRA, ERISA, Keogh, or other pension or profit sharing plans. Give particulars. 13. Stock and interests in incorporated and unincorporated businesses. Itemize. Stock and interests in incorporated and unincorporated businesses. Itemize. Stock and interests in incorporated and unincorporated businesses. Itemize.
X X
0.00 EDWARD JONES IRA, 11/26/10 STATEMENT 100% OF ALLIANCE LEASING & RENTAL INC; NO ASSETS OR ACTIVITY 100% OF ROSENDALL HOLDINGS LLC; NO ASSETS OR ACTIVITY 100% OF TRAILS END CLUB, LLC; NO ASSETS OR ACTIVITY 3,879.00 100.00 100.00 100.00
Case:11-06672-jdg
B6B (Official Form 6B) (12/07) -- Cont. In re
Page 6 of 50
TYPE OF PROPERTY
CURRENT VALUE OF DEBTOR'S INTEREST IN PROPERTY, WITHOUT DEDUCTING ANY SECURED CLAIM OR EXEMPTION
NONE
13. Stock and interests in incorporated and unincorporated businesses. Itemize. 14. Interests in partnerships or joint ventures. Itemize. 15. Government and corporate bonds and other negotiable and nonnegotiable instruments. 16. Accounts receivable. 17. Alimony, maintenance, support, and property settlements to which the debtor is or may be entitled. Give particulars. 18. Other liquidated debts owed to debtor including tax refunds. Give particulars. 19. Equitable or future interests, life estates, and rights or powers exercisable for the benefit of the debtor other than those listed in Schedule A - Real Property. 20. Contingent and noncontingent interests in estate of a decedent, death benefit plan, life insurance policy, or trust. 21. Other contingent and unliquidated claims of every nature, including tax refunds, counterclaims of the debtor, and rights to setoff claims. Give estimated value of each. 22. Patents, copyrights, and other intellectual property. Give particulars. 23. Licenses, franchises, and other general intangibles. Give particulars. 24. Customer lists or other compilations containing personally identifiable information (as defined in 11 U.S.C. 101(41A)) provided to the debtor by individuals in connection with obtaining a product or service from the debtor primarily for personal, family, or household purposes. 25. Automobiles, trucks, trailers, and other vehicles and accessories. 26. Boats, motors, and accessories.
100.00
X X X
X 2006 SEARAY SUNDEC 25-FOOT BOAT AND VANGUARD TRAILER X X X X CAT 1.00 30,000.00
27. Aircraft and accessories. 28. Office equipment, furnishings, and supplies. 29. Machinery, fixtures, equipment and supplies used in business. 30. Inventory. 31. Animals.
Case:11-06672-jdg
B6B (Official Form 6B) (12/07) -- Cont. In re
Page 7 of 50
TYPE OF PROPERTY
CURRENT VALUE OF DEBTOR'S INTEREST IN PROPERTY, WITHOUT DEDUCTING ANY SECURED CLAIM OR EXEMPTION
32. Crops - growing or harvested. Give particulars. 33. Farming equipment and implements. 34. Farm supplies, chemicals, and feed. 35. Other personal property of any kind not already listed. Itemize.
X X X X 2
continuation sheets attached
Total
NONE
$ 59,065.00
(Include amounts from any continuation sheets attached. Report total also on Summary of Schedules.)
Case:11-06672-jdg
B6C (Official Form 6C) (4/10)
Page 8 of 50
In re
Case No.
(If known)
DESCRIPTION OF PROPERTY
100% OF ALLIANCE LEASING & RENTAL INC; NO ASSETS OR ACTIVITY NONE 100% OF TRAILS END CLUB, LLC; NO ASSETS OR ACTIVITY 50% OF MRS DEVELOPMENT, A PARTNERSHIP; NO ASSETS OR ACTIVITY ACCRUED WAGES CASH CAT CLOTHING EDWARD JONES IRA, 11/26/10 STATEMENT GOLF CART ($200), OLD TREADMILL ($50), ELLIPTICAL EXERCISE MACHINE ($100), CAMERA ($50), BIKE ($50), RIDING LAWN MOWER ($3,000), GOLF CLUBS ($100), FISHING POLES ($25): HIS HALF EXEMPTED STANDARD GOODS AND FURNISHINGS IN HOME WEDDING RING
11 USC 522(d)(5)
100.00
100.00
11 USC 522(d)(5) 11 USC 522(d)(5) 11 USC 522(d)(5) 11 USC 522(d)(3) 11 USC 522(d)(12) 11 USC 522(d)(5)
10,000.00 200.00
20,000.00 200.00
* Amount subject to adjustment on 4/1/13 and every three years thereafter with respect to cases commenced on or after the date of adjustment.
Case:11-06672-jdg
B6D (Official Form 6D) (12/07)
Page 9 of 50
In re
UNLIQUIDATED
CONTINGENT
CODEBTOR
ACCOUNT NO.
06/26/2006 Security Agreement 2006 SEARAY SUNDEC 25-FOOT BOAT AND VANGUARD TRAILER __________________________ VALUE $30,000.00 J 07/30/2007 Mortgage RESIDENCE AT 3050 RIDGE PORT DRIVE, NW, GRAND RAPIDS MI 49544, PPN 41-09-33-125-018 __________________________ VALUE $600,000.00
DISPUTED
CREDITOR'S NAME AND MAILING ADDRESS INCLUDING ZIP CODE AND AN ACCOUNT NUMBER (See Instructions, Above.)
DATE CLAIM WAS INCURRED, NATURE OF LIEN, AND DESCRIPTION AND VALUE OF PROPERTY SUBJECT TO LIEN
39,000.00
9,000.00
ACCOUNT NO.
975,000.00
375,000.00
FIFTH THIRD MTG - MI, LLC 5001 KINGSLEY DRIVE MD 1MOB3A CINCINNATI OH 45227
$ 1,014,000.00 $
384,000.00
$ 1,014,000.00 $
384,000.00
(Report also on Summary of (If applicable, report Schedules) also on Statistical Summary of Certain Liabilities and Related Data.)
Case:11-06672-jdg
B6E (Official Form 6E) (4/10) In re
Page 10 of 50
Case No.
(If known)
TYPES OF PRIORITY CLAIMS (Check the appropriate box(es) below if claims in that category are listed on the attached sheets.)
Deposits by individuals
Claims of individuals up to $2,600* for deposits for the purchase, lease, or rental of property or services for personal, family, or household use, that were not delivered or provided. 11 U.S.C. 507(a)(7).
Case:11-06672-jdg
B6E (Official Form 6E) (4/10) Cont. In re
Page 11 of 50
Case No.
(If known)
UNLIQUIDATED
CREDITOR'S NAME, MAILING ADDRESS INCLUDING ZIP CODE, AND ACCOUNT NUMBER (See instructions above.)
CONTINGENT
CODEBTOR
ACCOUNT NO.
DISPUTED
AMOUNT OF CLAIM
$0.00
Sheet no. 1 of 1 continuation sheets attached to Schedule of Creditors Holding Priority Claims
0.00 $
0.00 $
0.00
Total (Use only on last page of the completed Schedule E. Report also on the Summary of Schedules.) Total (Use only on last page of the completed Schedule E. If applicable, report also on the Statistical Summary of Certain Liabilities and Related Data. )
Case:11-06672-jdg
B6F (Official Form 6F) (12/07) In re
Page 12 of 50
Check this box if debtor has no creditors holding unsecured claims to report on this Schedule F.
HUSBAND, WIFE, JOINT OR COMMUNITY
UNLIQUIDATED
CONTINGENT
CREDITOR'S NAME, MAILING ADDRESS INCLUDING ZIP CODE, AND ACCOUNT NUMBER (See instructions above.)
DATE CLAIM WAS INCURRED AND CONSIDERATION FOR CLAIM. IF CLAIM IS SUBJECT TO SETOFF, SO STATE
CODEBTOR
DISPUTED
AMOUNT OF CLAIM
ACCOUNT NO.
1489
J 2010-2011 TUITION
300.00
ACCOUNT NO.
1,223,363.00
ACCOUNT NO.
4,225,249.00
$
Total (Use only on last page of the completed Schedule F.) (Report also on Summary of Schedules and, if applicable on the Statistical Summary of Certain Liabilities and Related Data.)
Case:11-06672-jdg
B6F (Official Form 6F) (12/07) - Cont. In re
Page 13 of 50
UNLIQUIDATED
CONTINGENT
CREDITOR'S NAME, MAILING ADDRESS INCLUDING ZIP CODE, AND ACCOUNT NUMBER (See instructions above.)
DATE CLAIM WAS INCURRED AND CONSIDERATION FOR CLAIM. IF CLAIM IS SUBJECT TO SETOFF, SO STATE
CODEBTOR
DISPUTED
AMOUNT OF CLAIM
ACCOUNT NO.
2,200,000.00 GTY OF DEBT OF J MAR PROPERTIES, LLC, WHICH IS OWNED 50/50 BY ALLIANCE LEASING AND RENTAL AND THE DEBTOR'S MOTHER
ACCOUNT NO.
1,143.00
150,000.00
Sheet no. 1 of 1 continuation sheets attached to Schedule of Creditors Holding Unsecured Nonpriority Claims
Subtotal
2,351,144.00
$
Total (Use only on last page of the completed Schedule F.) (Report also on Summary of Schedules and, if applicable on the Statistical Summary of Certain Liabilities and Related Data.)
6,576,393.00
Case:11-06672-jdg
B6G (Official Form 6G) (12/07) In re:
Page 14 of 50
Case No.
(If known)
NAME AND MAILING ADDRESS, INCLUDING ZIP CODE, OF OTHER PARTIES TO LEASE OR CONTRACT.
DEBTOR RENTS OUT AN APARTMENT ATTACHED TO HIS HOME FOR $450 PER MONTH
Case:11-06672-jdg
B6H (Official Form 6H) (12/07) In re: James R. Rosendall, Jr.
Page 15 of 50
, Debtor
Case No.
(If known)
SCHEDULE H - CODEBTORS
Check this box if debtor has no codebtors.
ALLIANCE LEASING & RENTAL, LLC 2751 ALPINE NNW GRAND RAPIDS MI 49544 MRS DEVELOPMENT 2751 ALPINE NW GRAND RAPIDS MI 49544 TRAILS END CLUB, LLC 2751 ALPINE NW GRAND RAPIDS MI 49544
Case:11-06672-jdg
B6I (Official Form 6I) (12/07) In re
Page 16 of 50
Case No.
(If known)
DAUGHTER
Employment:
19
DEBTOR SPOUSE
Occupation
Name of Employer
INCOME: (Estimate of average or projected monthly income at time case filed) 1. Monthly gross wages, salary, and commissions (Prorate if not paid monthly.) 2. Estimate monthly overtime 3. SUBTOTAL 4. LESS PAYROLL DEDUCTIONS
DEBTOR $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
SPOUSE
1,083.33 0.00 1,083.33 150.89 0.00 0.00 0.00 150.89 932.45 0.00 450.00 0.00 0.00 0.00 0.00 0.00 450.00 1,382.45
a. Payroll taxes and social security b. Insurance c. Union dues d. Other (Specify)
5. SUBTOTAL OF PAYROLL DEDUCTIONS 6. TOTAL NET MONTHLY TAKE HOME PAY 7. Regular income from operation of business or profession or farm (Attach detailed statement) 8. Income from real property 9. Interest and dividends 10. Alimony, maintenance or support payments payable to the debtor for the debtors use or that of dependents listed above. 11. Social security or other government assistance (Specify) 12. Pension or retirement income 13. Other monthly income
605.97 $ 0.00 $ 0.00 $ 0.00 $ 605.97 2,860.69 0.00 0.00 0.00 0.00 0.00 0.00
$ $ $ $ $ $ $ $
(Specify)
14. SUBTOTAL OF LINES 7 THROUGH 13 15. AVERAGE MONTHLY INCOME (Add amounts shown on lines 6 and 14) 16. COMBINED AVERAGE MONTHLY INCOME: (Combine column totals from line 15)
$ $ $
0.00 $ 0.00
$
2,860.69 $ $ 4,243.14
(Report also on Summary of Schedules and, if applicable, on Statistical Summary of Certain Liabilities and Related Data) 17. Describe any increase or decrease in income reasonably anticipated to occur within the year following the filing of this document.:
NONE
Case:11-06672-jdg
B6J (Official Form 6J) (12/07) In re James R. Rosendall, Jr.
Page 17 of 50
Case No. (If known)
Debtor
Check this box if a joint petition is filed and debtor's spouse maintains a separate household. Complete a separate schedule of expenditures labeled "Spouse."
1. Rent or home mortgage payment (include lot rented for mobile home) a. Are real estate taxes included? b. Is property insurance included? 2. Utilities: a. Electricity and heating fuel b. Water and sewer c. Telephone d. Other CABLE
4,415.00
Yes Yes
No No $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
500.00 10.00 55.00 84.00 120.00 50.00 600.00 80.00 30.00 100.00 400.00 40.00 100.00 0.00 0.00 333.00 237.00
0.00
CELL PHONES
3. Home maintenance (repairs and upkeep) 4. Food 5. Clothing 6. Laundry and dry cleaning 7. Medical and dental expenses 8. Transportation (not including car payments) 9. Recreation, clubs and entertainment, newspapers, magazines, etc. 10. Charitable contributions 11. Insurance (not deducted from wages or included in home mortgage payments) a. Homeowners or renters b. Life c. Health d. Auto e. Other 12. Taxes (not deducted from wages or included in home mortgage payments)
(Specify) 13. Installment payments: (In chapter 11, 12, and 13 cases, do not list payments to be included in the plan) a. Auto
b. Other 14. Alimony, maintenance, and support paid to others 15. Payments for support of additional dependents not living at your home 16. Regular expenses from operation of business, profession, or farm (attach detailed statement) 17. Other PERSONAL CARE 18. AVERAGE MONTHLY EXPENSES (Total lines 1-17. Report also on Summary of Schedules and, if applicable, on the Statistical Summary of Certain Liabilities and Related Data.)
0.00 250.00
0.00
19. Describe any increase or decrease in expenditures reasonably anticipated to occur within the year following the filing of this document:
20. STATEMENT OF MONTHLY NET INCOME a. Average monthly income from Line 15 of Schedule I b. Average monthly expenses from Line 18 above c. Monthly net income (a. minus b.)
$ $ $
Case:11-06672-jdg
B6 Summary (Official Form 6 - Summary) (12/07)
Page 18 of 50
SUMMARY OF SCHEDULES
Indicate as to each schedule whether that schedule is attached and state the number of pages in each. Report the totals from Schedules A, B, D, E, F, I, and J in the boxes provided. Add the amounts from Schedules A and B to determine the total amount of the debtors assets. Add the amounts of all claims from Schedules D, E, and F to determine the total amount of the debtors liabilities. Individual debtors also must complete the Statistical Summary of Certain Liabilities and Related Data if they file a case under chapter 7, 11, or 13.
NAME OF SCHEDULE
ATTACHED (YES/NO)
NO. OF SHEETS
ASSETS
LIABILITIES
OTHER
A - Real Property B - Personal Property C - Property Claimed as Exempt D - Creditors Holding Secured Claims E - Creditors Holding Unsecured Priority Claims (Total of Claims on Schedule E) F - Creditors Holding Unsecured Nonpriority Claims G - Executory Contracts and Unexpired Leases H - Codebtors I - Current Income of Individual Debtor(s) J - Current Expenditures of Individual Debtor(s) TOTAL
YES YES YES YES YES YES YES YES YES YES
1 3 1 1 2 2 1 1 1 1 14
$ $
600,000.00 59,065.00
4,243.14
7,454.00
659,065.00
7,590,393.00
Case:11-06672-jdg
B6 Declaration (Official Form 6 - Declaration) (12/07) In re James R. Rosendall, Jr.
Page 19 of 50
Case No.
(If known)
Debtor
16
Date: 6/17/2011
Penalty for making a false statement or concealing property: Fine of up to $500,000 or imprisonment for up to 5 years or both. 18 U.S.C 152 and 3571.
Case:11-06672-jdg
B7 (Official Form 7) (4/10)
Page 20 of 50
State the gross amount of income the debtor has received from employment, trade, or profession, or from operation of the debtor's business, including part-time activities either as an employee or in independent trade or business, from the beginning of this calendar year to the date this case was commenced. State also the gross amounts received during the two years immediately preceding this calendar year. (A debtor that maintains, or has maintained, financial records on the basis of a fiscal rather than a calendar year may report fiscal year income. Identify the beginning and ending dates of the debtor's fiscal year.) If a joint petition is filed, state income for each spouse separately. (Married debtors filing under chapter 12 or chapter 13 must state income of both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) AMOUNT 40,000.00 NONE 6,400.00 SOURCE WAGES, APPROXIMATELY WAGES YTD WAGES FISCAL YEAR PERIOD 2009 2010 2011
State the amount of income received by the debtor other than from employment, trade, profession, 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 4,500.00 2,250.00 SOURCE RENT FROM APARTMENT ATTACHED TO HOME RENT FROM APARTMENT ATTACHED TO HOME FISCAL YEAR PERIOD 2010 2011
3. Payments to creditors
None Complete a. or b., as appropriate, and c. a. Individual or joint debtor(s) with primarily consumer debts: List all payments on loans, installment purchases of goods or services, and other debts to any creditor made within 90 days immediately preceding the commencement of this case unless the aggregate value of all property that constitutes or is affected by such transfer is less than $600. Indicate with an asterisk (*) any payments that were made to a creditor on account of a domestic support obligation or as part of an alternative repayment schedule under a plan by an approved nonprofit budgeting and credit counseling agency. (Married debtors filing under chapter 12 or chapter 13 must include payments by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF CREDITOR DATES OF PAYMENTS AMOUNT PAID AMOUNT STILL OWING
Case:11-06672-jdg
Page 21 of 50
2
None
b. Debtor whose debts are not primarily consumer debts: List each payment or other transfer to any creditor made within 90 days immediately preceding the commencement of the case unless the aggregate value of all property that constitutes or is affected by such transfer is less than $5,850*. If the debtor is an individual, indicate with an asterisk (*) any payments that were made to a creditor on account of a domestic support obligation or as part of an alternative repayment schedule under a plan by an approved nonprofit budgeting and credit counseling agency. (Married debtors filing under chapter 12 or chapter 13 must include payments and other transfers by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF CREDITOR DATES OF PAYMENTS/ TRANSFERS AMOUNT PAID OR VALUE OF TRANSFERS AMOUNT STILL OWING
*Amount subject to adjustment on 4/01/13, and every three years thereafter with respect to cases commenced on or after the date of adjustment. None
c. All debtors: List all payments made within one year immediately preceding the commencement of this case to or for the benefit of creditors who are or were insiders. (Married debtors filing under chapter 12 or chapter 13 must include payments by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF CREDITOR AND RELATIONSHIP TO DEBTOR DATE OF PAYMENT AMOUNT PAID AMOUNT STILL OWING
a. List all suits and administrative proceedings to which the debtor is or was a party within one year immediately preceding the filing of this bankruptcy case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) CAPTION OF SUIT AND CASE NUMBER COMERICA BANK V DEBTOR, SPOUSE, TRAILS END CLUB, LLC, MRS DEVELOPMENT, AND ALLIANCE LEASING 10-01078-CK NATURE OF PROCEEDING COLLECTION ON COMMERCIAL LOANS, PERSONALLY GUARANTIED COURT OR AGENCY AND LOCATION KENT COUNTY CIRCT CT STATUS OR DISPOSITION JUDGMENT, 10/10/10
None
b. Describe all property that has been attached, garnished or seized under any legal or equitable process within one year immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning property of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF PERSON FOR WHOSE BENEFIT PROPERTY WAS SEIZED COMERICA BANK DATE OF SEIZURE DESCRIPTION AND VALUE OF PROPERTY WAGES GARNISHED ON MAY 26 AND JUNE 2, 9, AND 16, 2011
Case:11-06672-jdg
Page 22 of 50
3
List all property that has been repossessed by a creditor, sold at a foreclosure sale, transferred through a deed in lieu of foreclosure or returned to the seller, within one year immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning property of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF CREDITOR OR SELLER DATE OF REPOSSESSION, FORECLOSURE SALE, TRANSFER OR RETURN DESCRIPTION AND VALUE OF PROPERTY
a. Describe any assignment of property for the benefit of creditors made within 120 days immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include any assignment by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) TERMS OF ASSIGNMENT OR SETTLEMENT
DATE OF ASSIGNMENT
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.)
DATE OF ORDER
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 OF PERSON OR ORGANIZATION RELATIONSHIP TO DEBTOR, IF ANY DESCRIPTION AND VALUE OF GIFT
DATE OF GIFT
8. Losses
None
List all losses from fire, theft, other casualty or gambling within one year immediately preceding the commencement of this case or since the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include losses by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) DESCRIPTION AND VALUE OF PROPERTY DESCRIPTION OF CIRCUMSTANCES AND, IF LOSS WAS COVERED IN WHOLE OR IN PART BY INSURANCE, GIVE PARTICULARS
DATE OF LOSS
Case:11-06672-jdg
Page 23 of 50
4
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 the commencement of this case.
NAME AND ADDRESS OF PAYEE MICHAEL M MALINOWSKI PLC 740 ALGER STREET SE GRAND RAPIDS MI 49507
DATE OF PAYMENT, NAME OF PAYOR IF OTHER THAN DEBTOR 12/13/10 PAID BY DEBTOR'S SPOUSE
AMOUNT OF MONEY OR DESCRIPTION AND VALUE OF PROPERTY $2000: INCLUDES FILING FEE
a. List all other property, other than property transferred in the ordinary course of the business or financial affairs of the debtor, transferred either absolutely or as security within two years immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include transfers by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) DESCRIBE PROPERTY TRANSFERRED AND VALUE RECEIVED JULY 2010: WIFE SOLD HIS JOHN DEERE TRACTOR FOR $10,000
DATE
None
b. List all property transferred by the debtor within ten years immediately preceding the commencement of this case to a self-settled trust or similar device of which the debtor is a beneficiary.
DATE(S) OF TRANSFER(S)
List all financial accounts and instruments held in the name of the debtor or for the benefit of the debtor which were closed, sold, or otherwise transferred within one year immediately preceding the commencement of this case. Include checking, savings, or other financial accounts, certificates of deposit, or other instruments; shares and share accounts held in banks, credit unions, pension funds, cooperatives, associations, brokerage houses and other financial institutions. (Married debtors filing under chapter 12 or chapter 13 must include information concerning accounts or instruments held by or for either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) TYPE OF ACCOUNT, LAST FOUR DIGITS OF ACCOUNT NUMBER, AND AMOUNT OF FINAL BALANCE AMOUNT AND DATE OF SALE OR CLOSING
Case:11-06672-jdg
Page 24 of 50
5
List each safe deposit or other box or depository in which the debtor has or had securities, cash, or other valuables within one year immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include boxes or depositories of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
DESCRIPTION OF CONTENTS
13. Setoffs
None
List all setoffs made by any creditor, including a bank, against a debt or deposit of the debtor within 90 days preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) DATE OF SETOFF AMOUNT OF SETOFF
If debtor has moved within three years immediately preceding the commencement of this case, list all premises which the debtor occupied during that period and vacated prior to the commencement of this case. If a joint petition is filed, report also any separate address of either spouse. ADDRESS NAME USED DATES OF OCCUPANCY
If the debtor resides or resided in a community property state, commonwealth, or territory (including Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Puerto Rico, Texas, Washington, or Wisconsin) within eight years immediately preceding the commencement of the case, identify the name of the debtor 's spouse and of any former spouse who resides or resided with the debtor in the community property state. NAME
Case:11-06672-jdg
Page 25 of 50
6
a. List the name and address of every site for which the debtor has received notice in writing by a governmental unit that it may be liable or potentially liable under or in violation of an Environmental Law. Indicate the governmental unit, the date of the notice, and, if known, the Environmental Law.
DATE OF NOTICE
ENVIRONMENTAL LAW
None
b. List the name and address of every site for which the debtor provided notice to a governmental unit of a release of Hazardous Material. Indicate the governmental unit to which the notice was sent and the date of the notice.
DATE OF NOTICE
ENVIRONMENTAL LAW
None
c. List all judicial or administrative proceedings, including settlements or orders, under any Environmental Law with respect to which the debtor is or was a party. Indicate the name and address of the governmental unit that is or was a party to the proceeding, and the docket number.
DOCKET NUMBER
STATUS OR DISPOSITION
Case:11-06672-jdg
Page 26 of 50
7
a. If the debtor is an individual, list the names, addresses, taxpayer identification numbers, nature of the businesses, and beginning and ending dates of all businesses in which the debtor was an officer, director, partner, or managing executive of a corporation, partner in a partnership, sole proprietor, or was self-employed in a trade, profession, or other activity either full- or part-time within the six years immediately preceding the commencement of this case, or in which the debtor owned 5 percent or more of the voting or equity securities within the six years immediately preceding the commencement of this case. If the debtor is a partnership, list the names, addresses, taxpayer identification numbers, nature of the businesses, and beginning and ending dates of all businesses in which the debtor was a partner or owned 5 percent or more of the voting or equity securities, within the six years immediately preceding the commencement of this case. If the debtor is a corporation, list the names, addresses, taxpayer identification numbers, nature of the business, and beginning and ending dates of all businesses in which the debtor was a partner or owned 5 percent or more of the voting or equity securities within the six years immediately preceding the commencement of this case. LAST FOUR DIGITS OF SOCIAL SECURITY ADDRESS OR OTHER INDIVIDUAL TAXPAYER-I.D. NO. (ITIN)/ COMPLETE EIN 3050 RIDGE PORT DR NW GRAND RAPIDS MI 49544
NAME
NATURE OF BUSINESS OWNED 50% OF TWO PROPERTIES; WAY UPSIDE DOWN; NO EQUITY NO ASSETS FOR ABOUT 18 MONTHS REAL ESTATE DEVELOPMENT; NO ASSETS FOR OVER 1 YEAR OWNED HUNTING PROPERTY IN NEWAYGO COUNTY; LOST TO FORECLOSURE OVER 1 YEAR AGO
MRS DEVELOPMENT
3050 RIDGE PORT DR NW GRAND RAPIDS MI 49544 3050 RIDGE PORT DR NW GRAND RAPIDS MI 49544 RESIDENCE
06/04/2007
None
b. Identify any business listed in response to subdivision a., above, that is "single asset real estate" as defined in 11 U.S.C. 101. NAME ADDRESS
a. List all bookkeepers and accountants who within two years immediately preceding the filing of this bankruptcy case kept or supervised the keeping of books of account and records of the debtor. NAME AND ADDRESS DATES SERVICES RENDERED
None
b. List all firms or individuals who within 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
Case:11-06672-jdg
Page 27 of 50
8
None
c. List all firms or individuals who at the time of the commencement of this case were in possession of the books of account and records of the debtor. If any of the books of account and records are not available, explain. NAME ADDRESS
None
d. List all financial institutions, creditors and other parties, including mercantile and trade agencies, to whom a financial statement was issued by the debtor within two years immediately preceding the commencement of this case. NAME AND ADDRESS DATE ISSUED
20. Inventories
None
a. List the dates of the last two inventories taken of your property, the name of the person who supervised the taking of each inventory, and the dollar amount and basis of each inventory. DOLLAR AMOUNT OF INVENTORY (Specify cost, market or other basis)
DATE OF INVENTORY
INVENTORY SUPERVISOR
None
b. List the name and address of the person having possession of the records of each of the inventories reported in a., above. NAME AND ADDRESSES OF CUSTODIAN OF INVENTORY RECORDS
DATE OF INVENTORY
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
b. If the debtor is a corporation, list all officers and directors of the corporation, and each stockholder who directly or indirectly owns, controls, or holds 5 percent or more of the voting or equity securities of the corporation. NATURE AND PERCENTAGE OF STOCK OWNERSHIP
TITLE
a. If the debtor is a partnership, list each member who withdrew from the partnership within one year immediately preceding the commencement of this case. NAME ADDRESS DATE OF WITHDRAWAL
None
b. If the debtor is a corporation, list all officers or directors whose relationship with the corporation terminated within one year immediately preceding the commencement of this case. NAME AND ADDRESS TITLE DATE OF TERMINATION
Case:11-06672-jdg
Page 28 of 50
9
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.
If the debtor is a corporation, list the name and federal taxpayer identification number of the parent corporation of any consolidated group for tax purposes of which the debtor has been a member at any time within six years immediately preceding the commencement of the case. NAME OF PARENT CORPORATION TAXPAYER IDENTIFICATION NUMBER (EIN)
If the debtor is not an individual, list the name and federal taxpayer identification number of any pension fund to which the debtor, as an employer, has been responsible for contributing at any time within six years immediately preceding the commencement of the case. NAME OF PENSION FUND TAXPAYER IDENTIFICATION NUMBER (EIN)
* * * * * *
[if completed by an individual or individual and spouse] I declare under penalty of perjury that I have read the answers contained in the foregoing statement of financial affairs and any attachments thereto and that they are true and correct. Date 6/17/2011 Signature of Debtor /s/ James R. Rosendall, Jr. James R. Rosendall, Jr.
Case:11-06672-jdg
B 8 (Official Form 8) (12/08)
Page 29 of 50
Case No.
Chapter 7
Surrendered
Retained
If retaining the property, I intend to (check at least one): Redeem the property
Reaffirm the debt Other. Explain ___________________________ (for example, avoid lien using 11 U.S.C. 522(f))
Property is (check one): Claimed as exempt
Property No. 2 Creditor's Name: FIFTH THIRD MTG - MI, LLC Describe Property Securing Debt: RESIDENCE AT 3050 RIDGE PORT DRIVE, NW, GRAND RAPIDS MI 49544, PPN 41-09-33-125-018
Retained
If retaining the property, I intend to (check at least one): Redeem the property
Reaffirm the debt Other. Explain ___________________________ (for example, avoid lien using 11 U.S.C. 522(f))
Property is (check one): Claimed as exempt
PART B Personal property subject to unexpired leases. (All three columns of Part B must be completed for each unexpired lease. Attach additional pages if necessary.)
Case:11-06672-jdg
B 8 (Official Form 8) (12/08)
Page 30 of 50
Page 2
Property No. 1 Lessor's Name: Describe Leased Property: DEBTOR RENTS OUT AN APARTMENT ATTACHED TO HIS HOME FOR $450 PER MONTH Lease will be Assumed pursuant to 11 U.S.C. 365(p)(2):
YES
NO
I declare under penalty of perjury that the above indicates my intention as to any property of my estate securing a debt and/or personal property subject to an unexpired lease.
Date: 6/17/2011
Case:11-06672-jdg
B 201A (Form 201A) (12/09)
Page 31 of 50
WARNING: Effective December 1, 2009, the 15-day deadline to file schedules and certain other documents under Bankruptcy Rule 1007(c) is shortened to 14 days. For further information, see note at bottom of page 2.
UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF MICHIGAN NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE
In accordance with 342(b) of the Bankruptcy Code, this notice to individuals with primarily consumer debts: (1) Describes briefly the services available from credit counseling services; (2) Describes briefly the purposes, benefits and costs of the four types of bankruptcy proceedings you may commence; and (3) Informs you about bankruptcy crimes and notifies you that the Attorney General may examine all information you supply in connection with a bankruptcy case. You are cautioned that bankruptcy law is complicated and not easily described. Thus, you may wish to seek the advice of an attorney to learn of your rights and responsibilities should you decide to file a petition. Court employees cannot give you legal advice. Notices from the bankruptcy court are sent to the mailing address you list on your bankruptcy petition. In order to ensure that you receive information about events concerning your case, Bankruptcy Rule 4002 requires that you notify the court of any changes in your address. If you are filing a joint case (a single bankruptcy case for two individuals married to each other), and each spouse lists the same mailing address on the bankruptcy petition, you and your spouse will generally receive a single copy of each notice mailed from the bankruptcy court in a jointly-addressed envelope, unless you file a statement with the court requesting that each spouse receive a separate copy of all notices.
2. The Four Chapters of the Bankruptcy Code Available to Individual Consumer Debtors
Chapter 7: Liquidation ($245 filing fee, $39 administrative fee, $15 trustee surcharge: Total fee $299) Chapter 7 is designed for debtors in financial difficulty who do not have the ability to pay their existing debts. Debtors whose debts are primarily consumer debts are subject to a means test designed to determine whether the case should be permitted to proceed under chapter 7. If your income is greater than the median income for your state of residence and family size, in some cases, the United States trustee (or bankruptcy administrator), the trustee, or creditors have the right to file a motion requesting that the court dismiss your case under 707(b) of the Code. It is up to the court to decide whether the case should be dismissed. Under chapter 7, you may claim certain of your property as exempt under governing law. A trustee may have the right to take possession of and sell the remaining property that is not exempt and use the sale proceeds to pay your creditors. The purpose of filing a chapter 7 case is to obtain a discharge of your existing debts. If, however, you are found to have committed certain kinds of improper conduct described in the Bankruptcy Code, the court may deny your discharge and, if it does, the purpose for which you filed the bankruptcy petition will be defeated. Even if you receive a general discharge, some particular debts are not discharged under the law. Therefore, you may still be responsible for most taxes and student loans; debts incurred to pay nondischargeable taxes; domestic support and property settlement obligations; most fines, penalties, forfeitures, and criminal restitution obligations; certain debts which are not properly listed in your bankruptcy papers; and debts for death or personal injury caused by operating a motor vehicle, vessel, or aircraft while intoxicated from alcohol or drugs. Also, if a creditor can prove that a debt arose from fraud, breach of fiduciary duty, or theft, or from a willful and malicious injury, the bankruptcy court may determine that the debt is not discharged.
Case:11-06672-jdg
Form B 201A, Notice to Consumer Debtor(s)
Page 32 of 50
Page 2
Chapter 13: Repayment of All or Part of the Debts of an Individual with Regular Income ($235 filing fee, $39 administrative fee: Total fee $274) 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. Under chapter 13, you must file with the court a plan to repay your creditors all or part of the money that you owe them, using your future earnings. The period allowed by the court to repay your debts may be three years or five years, depending upon your income and other factors. The court must approve your plan before it can take effect. 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 ($1000 filing fee, $39 administrative fee: Total fee $1039) Chapter 11 is designed for the reorganization of a business but is also available to consumer debtors. Its provisions are quite complicated, and any decision by an individual to file a chapter 11 petition should be reviewed with an attorney. Chapter 12: Family Farmer or Fisherman ($200 filing fee, $39 administrative fee: Total fee $239) Chapter 12 is designed to permit family farmers and fishermen to repay their debts over a period of time from future earnings and is similar to chapter 13. The eligibility requirements are restrictive, limiting its use to those whose income arises primarily from a family-owned farm or commercial fishing operation.
Case:11-06672-jdg
B 201B (Form 201B) (12/09)
Page 33 of 50
6/17/2011
Date
Instructions: Attach a copy of Form B 201A, Notice to Consumer Debtor(s) Under 342(b) of the Bankruptcy Code. Use this form to certify that the debtor has received the notice required by 11 U.S.C. 342(b) only if the certification has NOT been made on the Voluntary Petition, Official Form B1. Exhibit B on page 2 of Form B1 contains a certification by the debtors attorney that the attorney has given the notice to the debtor. The Declarations made by debtors and bankruptcy petition preparers on page 3 of Form B1 also include this certification.
Case:11-06672-jdg
Page 34 of 50
The undersigned certifies the following is the debtor's monthly income . Income: Six months ago Five months ago Four months ago Three months ago Two months ago Last month Income from other sources Total gross income for six months preceding filing Average Monthly Gross Income Debtor $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 800.00 $ 3,200.00 $ 0.00 $ 4,000.00 $ 666.67 Non-Filing Spouse $ 1,250.00 $ 1,000.00 $ 1,000.00 $ 1,250.00 $ 1,000.00 $ 1,000.00 $ 0.00 $ 6,500.00 $ 1,083.33
Attached are all payment advices received by the undersigned debtor prior to the petition date, we declare under penalty of perjury that we have read the foregoing statement and that it is true and correct to the best of our knowledge, information, and belief. Dated: 6/17/2011 /s/ James R. Rosendall, Jr. James R. Rosendall, Jr. Debtor
Non-Filing Spouse
Case:11-06672-jdg
B22A (Official Form 22A) (Chapter 7) (12/10)
Page 35 of 50
In re
According to the information required to be entered on this statement (check one box as directed in Part I, III, or VI of this statement): The presumption arises
Case Number:
(If known)
Declaration of Disabled Veteran. By checking this box, I declare under penalty of perjury that I am a disabled veteran (as defined in 38 U.S.C. 3741(1)) whose indebtedness occurred primarily during a period in which I was on active duty (as defined in 10 U.S.C. 101(d)(1)) or while I was performing a homeland defense activity (as defined in 32 U.S.C. 901(1)).
1B Non-consumer Debtors. If your debts are not primarily consumer debts, check the box below and complete the verification in Part VIII. Do not complete any of the remaining parts of this statement.
Declaration of non-consumer debts. By checking this box, I declare that my debts are not primarily consumer debts.
Reservists and National Guard Members; active duty or homeland defense activity. Members of a reserve component of the Armed Forces and members of the National Guard who were called to active duty (as defined in 10 U.S.C. 101(d)(1)) after September 11, 2001, for a period of at least 90 days, or who have performed homeland defense activity (as defined in 32 U.S.C. 901(1)) for a period of at least 90 days, are excluded from all forms of means testing during the time of active duty or homeland defense activity and for 540 days thereafter (the exclusion period). If you qualify for this temporary exclusion, (1) check the appropriate boxes and complete any required information in the Declaration of Reservists and National Guard Members below, (2) check the box for The presumption is temporarily inapplicable at the top of this statement, and (3) complete the verification in Part VIII. During your exclusion period you are not required to complete the balance of this form, but you must complete the form no later than 14 days after the date on which your exclusion period ends, unless the time for filing a motion raising the means test presumption expires in your case before your exclusion period ends. 1C
Declaration of Reservists and National Guard Members. By checking this box and making the appropriate entries below, I declare that I am eligible for a temporary exclusion from means testing because, as a member of a reserve component of the Armed Forces or the National Guard
a.
I was called to active duty after September 11, 2001, for a period of at least 90 days and I remain on active duty /or/ I was released from active duty on ________________, which is less than 540 days before this
bankruptcy case was filed; OR I am performing homeland defense activity for a period of at least 90 days /or/
b.
Case:11-06672-jdg
B22A (Official Form 22A) (Chapter 7) (12/10)
Page 36 of 50
2
Marital/filing status. Check the box that applies and complete the balance of this part of this statement as directed. a. Unmarried. Complete only Column A ("Debtor's Income") for Lines 3-11. b. Married, not filing jointly, with declaration of separate households. By checking this box, debtor declares under penalty of perjury: "My spouse and I are legally separated under applicable non-bankruptcy law or my spouse and I are living apart other than for the purpose of evading the requirements of 707(b)(2)(A) of the Bankruptcy Code." Complete only Column A ("Debtor's Income") for Lines 3-11. c. Married, not filing jointly, without the declaration of separate households set out in line 2.b above. Complete both Column A ("Debtor's Income") and Column B ("Spouse's Income") for Lines 3-11. d. Married, filing jointly. Complete both Column A ("Debtor's Income") and Column B ("Spouse's Income") for Lines 3-11. All figures must reflect average monthly income received from all sources, derived during the six calendar months prior to filing the bankruptcy case, ending on the last day of the month before the filing. If the amount of monthly income varied during the six months, you must divide the six-month total by six, and enter the result on the appropriate line. Column A Debtor's Income $ $ Column B Spouse's Income
3 4
Gross wages, salary, tips, bonuses, overtime, commissions. Income from the operation of a business, profession or farm. Subtract Line b from Line a and enter the difference in the appropriate column(s) of Line 4. If you operate more than one business, profession or farm, enter aggregate numbers and provide details on an attachment. Do not enter a number less than zero. Do not include any part of the business expenses entered on Line b as a deduction in Part V.
a. b. c. Gross Receipts Ordinary and necessary business expenses Business income
$ $
Subtract Line b from Line a
Rent and other real property income. Subtract Line b from Line a and enter the difference in the appropriate column(s) of Line 5. Do not enter a number less than zero. Do not include any part of the operating expenses entered on Line b as a deduction in Part V. 5
a. b. c. Gross Receipts Ordinary and necessary operating expenses Rent and other real property income
$ $
Subtract Line b from Line a
$ $ $ $
$ $ $ $
6 7 8
Interest, dividends, and royalties. Pension and retirement income. Any amounts paid by another person or entity, on a regular basis, for the household expenses of the debtor or the debtors dependents, including child support paid for that purpose. Do not include alimony or separate maintenance payments or amounts paid by your spouse if Column B is completed. Each regular payment should be reported in only one column; if a payment is listed in Column A, do not report that payment in Column B. Unemployment compensation. Enter the amount in the appropriate column(s) of Line 9. However, if you contend that unemployment compensation received by you or your spouse was a benefit under the Social Security Act, do not list the amount of such compensation in Column A or B, but instead state the amount in the space below:
Unemployment compensation claimed to be a benefit under the Social Security Act Debtor $ Spouse $
10
Income from all other sources. Specify source and amount. If necessary, list additional sources on a separate page. Do not include alimony or separate maintenance payments paid by your spouse if Column B is completed, but include all other payments of alimony or separate maintenance. Do not include any benefits received under the Social Security Act or payments received as a victim of a war crime, crime against humanity, or as a victim of international or domestic terrorism.
Case:11-06672-jdg
B22A (Official Form 22A) (Chapter 7) (12/10)
Page 37 of 50
3
$ $ $ $ $
Subtotal of Current Monthly Income for 707(b)(7). Add Lines 3 thru 10 in Column A, and, if Column B is completed, add Lines 3 thru 10 in Column B. Enter the total(s). Total Current Monthly Income for 707(b)(7). If Column B has been completed, add Line 11, Column A to Line 11, Column B, and enter the total. If Column B has not been completed, enter the amount from Line 11, Column A.
12
Applicable median family income. Enter the median family income for the applicable state and household size. (This 14
information is available by family size at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court.) a. Enter debtors state of residence: b. Enter debtors household size:
Application of Section 707(b)(7). Check the applicable box and proceed as directed. 15
The amount on Line 13 is less than or equal to the amount on Line 14. Check the box for The presumption does not
arise at the top of page 1 of this statement, and complete Part VIII; do not complete Parts IV, V, VI or VII.
The amount on Line 13 is more than the amount on Line 14. Complete the remaining parts of this statement.
Complete Parts IV, V, VI, and VII of this statement only if required. (See Line 15).
19A
Case:11-06672-jdg
B22A (Official Form 22A) (Chapter 7) (12/10)
Page 38 of 50
4
19B
National Standards: health care. Enter in Line a1 below the amount from IRS National Standards for OutofPocket Health Care for persons under 65 years of age, and in Line a2 the IRS National Standards for OutofPocket Health Care for persons 65 years of age or older. (This information is available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court.) Enter in Line b1 the applicable number of persons who are under 65 years of age, and enter in Line b2 the applicable number of persons who are 65 years of age or older. (The applicable number of persons in each age category is the number in that category that would currently be allowed as exemptions on your federal income tax return, plus the number of any additional dependents whom you support.) Multiply Line a1 by Line b1 to obtain a total amount for persons under 65, and enter the result in Line c1. Multiply Line a2 by Line b2 to obtain a total amount for persons 65 and older, and enter the result in Line c2. Add Lines c1 and c2 to obtain a total health care amount, and enter the result in Line 19B. Persons under 65 years of age
a1. Allowance per person b1. Number of persons c1.
Subtotal
20A
Local Standards: housing and utilities; non-mortgage expenses. Enter the amount of the IRS Housing and Utilities Standards; non-mortgage expenses for the applicable county and family size. (This information is available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court). The applicable family size consists of the number that would currently be allowed as exemptions on your federal income tax return, plus the number of any additional dependents whom you support. Local Standards: housing and utilities; mortgage/rent expense. Enter, in Line a below, the amount of the IRS Housing and Utilities Standards; mortgage/rent expense for your county and family size (this information is available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court)(the applicable family size consists of the number that would currently be allowed as exemptions on your federal income tax return, plus the number of any additional dependents whom you support); enter on Line b the total of the Average Monthly Payments for any debts secured by your home, as stated in Line 42; subtract Line b from Line a and enter the result in Line 20B. Do not enter an amount less than zero.
a. b. c. IRS Housing and Utilities Standards; mortgage/rent al $ expense Average Monthly Payment for any debts secured by home, if $ any, as stated in Line 42. Net mortgage/rental expense Subtract Line b from Line a
20B
21
Local Standards: housing and utilities; adjustment. If you contend that the process set out in Lines 20A and 20B does not accurately compute the allowance to which you are entitled under the IRS Housing and Utilities Standards, enter any additional amount to which you contend you are entitled, and state the basis for your contention in the space below: $
Local Standards: transportation; vehicle operation/public transportation expense. You are entitled to an expense allowance in this category regardless of whether you pay the expenses of operating a vehicle and regardless of whether you use public transportation. Check the number of vehicles for which you pay the operating expenses or for which the operating expenses 0 1 2 or more. are included as a contribution to your household expenses in Line 8. If you checked 0, enter on Line 22A the Public Transportation amount from IRS Local Standards: Transportation. If you checked 1 or 2 or more, enter on Line 22A the Operating Costs amount from IRS Local Standards: Transportation for the applicable number of vehicles in the applicable Metropolitan Statistical Area or Census Region. (These amounts are available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court.) Local Standards: transportation; additional public transportation expense. If you pay the operating expenses for a vehicle and also use public transportation, and you contend that you are entitled to an additional deduction for your public transportation expenses, enter on Line 22B the Public Transportation amount from IRS Local Standards: Transportation. (This amount is available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court.) $
22A
22B
Case:11-06672-jdg
B22A (Official Form 22A) (Chapter 7) (12/10)
Page 39 of 50
5
Local Standards: transportation ownership/lease expense; Vehicle 1. Check the number of vehicles for which you claim an ownership/lease expense. (You may not claim an ownership/lease expense for more than two vehicles.)
2 or more.
23
Enter, in Line a below, the Ownership Costs for One Car from the IRS Local Standards: Transportation (available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court); enter in Line b the total of the Average Monthly Payments for any debts secured by Vehicle 1, as stated in Line 42; subtract Line b from Line a and enter the result in Line 23. Do not enter an amount less than zero.
a. b. c.
$ $
Subtract Line b from Line a
Local Standards: transportation ownership/lease expense; Vehicle 2. Complete this Line only if you checked
the 2 or more Box in Line 23.
24
Enter, in Line a below, the Ownership Costs for One Car from the IRS Local Standards: Transportation (available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court); enter in Line b the total of the Average Monthly Payments for any debts secured by Vehicle 2, as stated in Line 42; subtract Line b from Line a and enter the result in Line 24. Do not enter an amount less than zero.
a. b. c.
$ $
Subtract Line b from Line a
25
Other Necessary Expenses: taxes. Enter the total average monthly expense that you actually incur for all federal, state and local taxes, other than real estate and sales taxes, such as income taxes, self employment $ taxes, social security taxes, and Medicare taxes. Do not include real estate or sales taxes. Other Necessary Expenses: involuntary deductions for employment. Enter the total average monthly payroll deductions that are required for your employment, such as retirement contributions, union dues, and uniform costs. Do not include discretionary amounts, such as voluntary 401(k) contributions. Other Necessary Expenses: life insurance. Enter total average monthly premiums that you actually pay for term life insurance for yourself. Do not include premiums for insurance on your dependents, for whole life or for any other form of insurance. Other Necessary Expenses: court-ordered payments. Enter the total monthly amount that you are required to pay pursuant to the order of a court or administrative agency, such as spousal or child support payments. Do not include payments on past due obligations included in Line 44. Other Necessary Expenses: education for employment or for a physically or mentally challenged child. Enter the total average monthly amount that you actually expend for education that is a condition of employment and for education that is required for a physically or mentally challenged dependent child for whom no public education providing similar services is available. Other Necessary Expenses: childcare. Enter the total average monthly amount that you actually expend on childcaresuch as baby-sitting, day care, nursery and preschool. Do not include other educational payments. Other Necessary Expenses: health care. Enter the total average monthly amount that you actually expend on health care that is required for the health and welfare of yourself or your dependents, that is not reimbursed by insurance or paid by a health savings account, and that is in excess of the amount entered in Line 19B. Do not include payments for health insurance or health savings accounts listed in Line 34. Other Necessary Expenses: telecommunication services. Enter the total average monthly amount that you actually pay for telecommunication services other than your basic home telephone and cell phone service such as pagers, call waiting, caller id, special long distance, or internet serviceto the extent necessary for your health and welfare or that of your dependents. Do not include any amount previously deducted. Total Expenses Allowed under IRS Standards. Enter the total of Lines 19 through 32.
26
27
28
29
30
31
32
$ $
33
Case:11-06672-jdg
B22A (Official Form 22A) (Chapter 7) (12/10)
Page 40 of 50
6
Note: Do not include any expenses that you have listed in Lines 19-32 Health Insurance, Disability Insurance, and Health Savings Account Expenses. List the monthly expenses in the categories set out in lines a-c below that are reasonably necessary for yourself, your spouse, or your dependents. Health Insurance $ a. Disability Insurance $ b. Health Savings Account $ c. $ Total and enter on Line 34 If you do not actually expend this total amount, state your actual total average monthly expenditures in the space below: $ Continued contributions to the care of household or family members. Enter the total average actual monthly expenses that you will continue to pay for the reasonable and necessary care and support of an elderly, chronically ill, or disabled member of your household or member of your immediate family who is unable to pay for such expenses. Protection against family violence. Enter the total average reasonably necessary monthly expenses that you actually incurred to maintain the safety of your family under the Family Violence Prevention and Services Act or other applicable federal law. The nature of these expenses is required to be kept confidential by the court. Home energy costs. Enter the total average monthly amount, in excess of the allowance specified by IRS Local Standards for Housing and Utilities, that you actually expend for home energy costs. You must provide your case trustee with documentation of your actual expenses, and you must demonstrate that the additional amount claimed is reasonable and necessary. Education expenses for dependent children less than 18. Enter the total average monthly expenses that you actually incur, not to exceed $147.92* per child, for attendance at a private or public elementary or secondary school by your dependent children less than 18 years of age. You must provide your case trustee with documentation of your actual expenses, and you must explain why the amount claimed is reasonable and necessary and not already accounted for in the IRS Standards. Additional food and clothing expense. Enter the total average monthly amount by which your food and clothing expenses exceed the combined allowances for food and clothing (apparel and services) in the IRS National Standards, not to exceed 5% of those combined allowances. (This information is available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court.) You must demonstrate that the additional amount claimed is reasonable and necessary. Continued charitable contributions. Enter the amount that you will continue to contribute in the form of cash or financial instruments to a charitable organization as defined in 26 U.S.C. 170(c)(1)-(2). Total Additional Expense Deductions under 707(b). Enter the total of Lines 34 through 40.
34
35
36
37
38
39
40
$ $
41
42
* Amount subject to adjustment on 4/01/13, and every three years thereafter with respect to cases commenced on or after the date of adjustment.
Case:11-06672-jdg
B22A (Official Form 22A) (Chapter 7) (12/10)
Page 41 of 50
7
43
Other payments on secured claims. If any of debts listed in Line 42 are secured by your primary residence, a motor vehicle, or other property necessary for your support or the support of your dependents, you may include in your deduction 1/60th of any amount (the cure amount) that you must pay the creditor in addition to the payments listed in Line 42, in order to maintain possession of the property. The cure amount would include any sums in default that must be paid in order to avoid repossession or foreclosure. List and total any such amounts in the following chart. If necessary, list additional entries on a separate page. Name of Creditor Property Securing the Debt 1/60th of the Cure Amount Total: Add Lines a, b and c $ $
44
Payments on prepetition priority claims. Enter the total amount, divided by 60, of all priority claims, such as priority tax, child support and alimony claims, for which you were liable at the time of your bankruptcy filing. Do not include current obligations, such as those set out in Line 28. Chapter 13 administrative expenses. If you are eligible to file a case under Chapter 13, complete the following chart, multiply the amount in line a by the amount in line b, and enter the resulting administrative expense. Projected average monthly Chapter 13 plan payment. a. $ Current multiplier for your district as determined under schedules b.
issued by the Executive Office for United States Trustees. (This information is available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court.) Average monthly administrative expense of Chapter 13 case
45
c.
46
Total Deductions for Debt Payment. Enter the total of Lines 42 through 45.
$ $ $ $
Initial presumption determination. Check the applicable box and proceed as directed.
The amount on Line 51 is less than $7,025* Check the box for The presumption does not arise at the top of page 1 of this
statement, and complete the verification in Part VIII. Do not complete the remainder of Part VI.
52
The amount set forth on Line 51 is more than $11,725*. Check the box for The presumption arises at the top of page 1 of
this statement, and complete the verification in Part VIII. You may also complete Part VII. Do not complete the remainder of Part VI.
The amount on Line 51 is at least $7,025*, but not more than $11,725*.
through 55).
53 54
Enter the amount of your total non-priority unsecured debt Threshold debt payment amount. Multiply the amount in Line 53 by the number 0.25 and enter the result. Secondary presumption determination. Check the applicable box and proceed as directed.
$ $
The amount on Line 51 is less than the amount on Line 54. Check the box for The presumption does not arise at the top
55
of page 1 of this statement, and complete the verification in Part VIII.
The amount on Line 51 is equal to or greater than the amount on Line 54. Check the box for The presumption arises at
the top of page 1 of this statement, and complete the verification in Part VIII. You may also complete Part VII. * Amount subject to adjustment on 4/01/13, and every three years thereafter with respect to cases commenced on or after the date of adjustment.
Case:11-06672-jdg
B22A (Official Form 22A) (Chapter 7) (12/10)
Page 42 of 50
8
57
Case:11-06672-jdg
Form 6 - Statistical Summary (12/07)
Page 43 of 50
STATISTICAL SUMMARY OF CERTAIN LIABILITIES AND RELATED DATA (28 U.S.C. 159)
If you are an individual debtor whose debts are primarily consumer debts, as defined in 101(8) of the Bankruptcy Code (11 U.S.C. 101(8)), filing a case under chapter 7, 11 or 13, you must report all information requested below.
Check this box if you are an individual debtor whose debts are NOT primarily consumer debts. You are not required to report any information here.
This information is for statistical purposes only under 28 U.S.C. 159.
Summarize the following types of liabilities, as reported in the Schedules, and total them.
Type of Liability
Domestic Support Obligations (from Schedule E) Taxes and Certain Other Debts Owed to Governmental Units (from Schedule E) Claims for Death or Personal Injury While Debtor Was Intoxicated (from Schedule E) (whether disputed or undisputed) Student Loan Obligations (from Schedule F) Domestic Support, Separation Agreement, and Divorce Decree Obligations Not Reported on Schedule E. Obligations to Pension or Profit-Sharing, and Other Similar Obligations (from Schedule F) TOTAL
Amount $ $ $ $ $ $ $
$ $ $
384,000.00
0.00
$ $ $
Case:11-06672-jdg
Page 44 of 50
Date:
At:
6/17/2011
Case:11-06672-jdg
Page 45 of 50
Secured Parties Do you insure their
Type of Asset
Real Property (Include any property in which the debtor has an interest, including leased property if the lease requires the debtor to maintain insurance coverages)
RESIDENCE AT 3050 RIDGE PORT DRIVE, NW, GRAND RAPIDS MI 49544, PPN 41-09-33-125-018
STATE FARM
$1,091,000; 7/17/12
Yes
Dated: 6/17/2011
Case:11-06672-jdg
Page 46 of 50
Debtor Debtor(s)
I(we), hereby declare, under penalty of perjury, that the attached list of creditors is true and correct to the best of my(our) knowledge.
Date: 6/17/2011 At: /s/Michael M. Malinowski Michael M. Malinowski Attorney for Debtor(s) Bar no.: P38400 Michael M. Malinowski PLC 740 Alger Street, S.E. Grand Rapids, MI 49507 Telephone No.: 616-475-4994 Fax No.: 616-475-5313 E-mail address: -OR -
Case:11-06672-jdg
Page 47 of 50
ALLIANCE LEASING & RENTAL, LLC 2751 ALPINE NNW GRAND RAPIDS MI 49544 CALVIN CHRISTIAN SCHOOL ASSN 3750 IVANREST SW GRANDVILLE MI 49418 CHEMICAL BANK PO BOX 41220 GRAND RAPIDS MI 49514-1220 COMERICA BANK 99 MONROE AVE NW GRAND RAPIDS MI 49503 FIFTH THIRD BANK 1850 E PARIS SE GRAND RAPIDS MI 49546 FIFTH THIRD MTG - MI, LLC 5001 KINGSLEY DRIVE MD 1MOB3A CINCINNATI OH 45227 FOSTER SWIFT 313 S WASHINGTON SQUARE LANSING MI 48933 MERCANTILE BANK 310 LEONARD NW GRAND RAPIDS MI 49504 MRS DEVELOPMENT 2751 ALPINE NW GRAND RAPIDS MI 49544
Case:11-06672-jdg
Page 48 of 50
RIETH RILEY CONST CO INC PO BOX 477 GOSHEN IN 46527 RIETH RILEY CONSTRUCTION CO INC 3626 ELKHART ROAD GOSHEN IN 46527 ROSS LEISMAN @ MMBJ 900 MONROE AVE NW GRAND RAPIDS MI 49502 SPECTRUM HEALTH PO BOX 2127 GRAND RAPIDS MI 49501-2127 SPECTRUM HEALTH 100 MICHIGAN ST NE GRAND RAPIDS MI 49503 TRAILS END CLUB, LLC 2751 ALPINE NW GRAND RAPIDS MI 49544 US DEPT OF JUSTICE PO BOX 208 GRAND RAPIDS MI 49501
Case:11-06672-jdg
B 1D (Official Form 1, Exhibit D) (12/09)
Page 49 of 50
In re
1. Within the 180 days before the filing of my bankruptcy case, I received a briefing from a credit counseling agency approved by the United States trustee or bankruptcy administrator that outlined the opportunities for available credit counseling and assisted me in performing a related budget analysis, and I have a certificate from the agency describing the services provided to me. Attach a copy of the certificate and a copy of any debt repayment plan developed through the agency. 2. Within the 180 days before the filing of my bankruptcy case, I received a briefing from a credit counseling agency approved by the United States trustee or bankruptcy administrator that outlined the opportunities for available credit counseling and assisted me in performing a related budget analysis, but I do not have a certificate from the agency describing the services provided to me. You must file a copy of a certificate from the agency describing the services provided to you and a copy of any debt repayment plan developed through the agency no later than 14 days after your bankruptcy case is filed. 3. I certify that I requested credit counseling services from an approved agency but was unable to obtain the services during the seven days from the time I made my request, and the following exigent circumstances merit a temporary waiver of the credit counseling requirement so I can file my bankruptcy case now. [Summarize exigent circumstances here.]
If your certification is satisfactory to the court, you must still obtain the credit counseling briefing within the first 30 days after you file your bankruptcy petition and promptly file a certificate from the agency that provided the counseling, together with a copy of any debt management plan developed through the agency. Failure to fulfill these requirements may result in dismissal of your case. Any extension of the 30-day deadline can be granted only for cause and is limited to a maximum of 15 days. Your case may also be dismissed if the court is not satisfied with your reasons for filing your bankruptcy case without first receiving a credit counseling briefing.
Case:11-06672-jdg
Page 50 of 50
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.); Active military duty in a military combat zone. 5. The United States trustee or bankruptcy administrator has determined that the credit counseling requirement of 11 U.S.C. ' 109(h) does not apply in this district.
I certify under penalty of perjury that the information provided above is true and correct. Signature of Debtor: /s/ James R. Rosendall, Jr. James R. Rosendall, Jr.
Date: 6/17/2011