Free Request for Judicial Notice - District Court of California - California

Case 4:08-cv-02849-SBA

Document 11

Filed 06/13/2008

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

CHRISTOPHER E. PRINCE (State Bar No. 183553) SONNENSCHEIN NATH & ROSENTHAL LLP 601 South Figueroa, Suite 1500 Los Angeles, California 90017-5704 Telephone: (213) 623-9300 Facsimile: (213) 623-9924 [email protected] MANUEL ALVAREZ JR. (State Bar No. 253874) SONNENSCHEIN NATH & ROSENTHAL LLP 525 Market Street, 26th Floor San Francisco, CA 94133 Telephone: (415) 882-5000 Facsimile: (415) 882-0300 [email protected] Attorneys for Defendant HSBC CONSUMER LENDING USA TOMIO B. NARITA (State Bar No. 156576) JEFFREY A. TOPOR (State Bar No. 195545) ROBIN M. BOWEN (State Bar No. 230309) SIMMONDS & NARITA LLP 44 Montgomery Street, Suite 3010 San Francisco, CA 94104-4816 Telephone: (415) 283-1000 Facsimile: (415) 352-2625 [email protected] Attorneys for Defendant ASSET ACCEPTANCE, LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ELIZABETH CONTRERAS, an individual, Plaintiff, vs. HSBC CONSUMER LENDING USA, dba BENEFICIAL; ASSET ACCEPTANCE LLC; DOES 1 THROUGH 10, Defendants.

No. 08-2849 EMC REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS Date: Time: Crtrm: July 30, 2008 10:30 a.m. C, 15th Floor

The Honorable Edward M. Chen

-1DEFENDANTS' REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISMISS

Case 4:08-cv-02849-SBA

Document 11

Filed 06/13/2008

Page 2 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14

Defendants HSBC Consumer Lending USA, dba Beneficial, and Asset Acceptance LLC hereby request that this Court take judicial notice, pursuant to Federal Rule of Evidence 201, of the following matter: 1. On or about June 1, 2008, Plaintiff Elizabeth Contreras filed a voluntary petition

for bankruptcy under Chapter 7 of the United States Bankruptcy Code, a true and correct copy of which is attached hereto as "Exhibit A."

Dated: June 13, 2008

SONNENSCHEIN NATH & ROSENTHAL CHRISTOPHER E. PRINCE MANUEL ALVAREZ JR.

By:__/s/ Manuel Alvarez Jr._______________ Manuel Alvarez Jr. Attorneys for Defendant HSBC CONSUMER LENDING USA Dated: June 13, 2008 SIMMONDS & NARITA LLP TOMIO B. NARITA JEFFREY A. TOPOR ROBIN M. BOWEN

15 16 17 18 19 20 21 22
27300904\V-1

By:___/s/ Jeffrey A. Topor________________ Jeffrey A. Topor Attorneys for Defendant ASSET ACCEPTANCE, LLC

23 24 25 26 27 28
-2DEFENDANTS' REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISMISS

B1 (Official Form 1) (1/08)

Case 4:08-cv-02849-SBA

Document 11-2

Filed 06/13/2008

Page 1 of 45
Voluntary Petition

United States Bankruptcy Court Northern District of California, San Francisco Division
Name of Debtor (if individual, enter Last, First, Middle): Contreras, Elizabeth All Other Names used by the Debtor in the last 8 years (include married, maiden, and trade names):

Name of Joint Debtor (Spouse) (Last, First, Middle): All Other Names used by the Joint Debtor in the last 8 years (include married, maiden, and trade names):

Last four digits of Soc. Sec. or Individual-Taxpayer I.D. (ITIN) No./Complete EIN (if more than one, state all): 9831 Street Address of Debtor (No. & Street, City, State & Zip Code): 85 Ofarrell St Apt 409 San Francisco, CA ZIPCODE 94108 County of Residence or of the Principal Place of Business: San Francisco Mailing Address of Debtor (if different from street address)

Last four digits of Soc. Sec. or Individual-Taxpayer I.D. (ITIN) No./Complete EIN (if more than one, state all): Street Address of Joint Debtor (No. & Street, City, State & Zip Code):

ZIPCODE County of Residence or of the Principal Place of Business: Mailing Address of Joint Debtor (if different from street address):

ZIPCODE Location of Principal Assets of Business Debtor (if different from street address above):
© 1993-2008 EZ-Filing, Inc. [1-800-998-2424] - Forms Software Only

ZIPCODE

ZIPCODE Type of Debtor (Form of Organization) (Check one box.) Individual Debtors) üSee Exhibit(includes Jointof this form. D on page 2 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.) Nature of Business (Check one box.) Health Care Business Single Asset Real Estate as defined in 11 U.S.C. § 101(51B) Railroad Stockbroker Commodity Broker Clearing Bank Other Tax-Exempt Entity (Check box, if applicable.) Debtor is a tax-exempt organization under Title 26 of the United States Code (the Internal Revenue Code). Filing Fee (Check one box) Chapter of Bankruptcy Code Under Which the Petition is Filed (Check one box.) Chapter 7 ü Chapter 9 Chapter 11 Chapter 12 Chapter 13 Chapter 15 Petition for Recognition of a Foreign Main Proceeding Chapter 15 Petition for Recognition of a Foreign Nonmain Proceeding

ü

Nature of Debts (Check one box.) Debts are primarily consumer Debts are primarily debts, defined in 11 U.S.C. business debts. § 101(8) as "incurred by an individual primarily for a personal, family, or household purpose."

ü

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.

Chapter 11 Debtors Check one box: Debtor is a small business debtor as defined in 11 U.S.C. § 101(51D). Debtor is not a small business debtor as defined in 11 U.S.C. § 101(51D). Check if: Debtor's aggregate noncontingent liquidated debts owed to non-insiders or affiliates are less than $2,190,000. ----------------------------------------------------Check all applicable boxes: A plan is being filed with this petition Acceptances of the plan were solicited prepetition from one or more classes of creditors, in accordance with 11 U.S.C. § 1126(b). THIS SPACE IS FOR COURT USE ONLY

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.

ü

Estimated Number of Creditors 1-49

ü ü ü

50-99

100-199

200-999

1,0005,000

5,00110,000

10,00125,000

25,00150,000

50,001100,000

Over 100,000

Estimated Assets $0 to $50,001 to $100,001 to $500,001 to $1,000,001 to $10,000,001 $50,000,001 to $100,000,001 $500,000,001 More than $50,000 $100,000 $500,000 $1 million $10 million to $50 million $100 million to $500 million to $1 billion $1 billion Estimated Liabilities $0 to $50,001 to $100,001 to $500,001 to $1,000,001 to $10,000,001 $50,000,001 to $100,000,001 $500,000,001 More than $50,000 $100,000 $500,000 $1 million $10 million to $50 million $100 million to $500 million to $1 billion $1 billion

Case: 08-30954

Doc #: 1

Filed: 06/01/2008

Page 1 of 45

B1 (Official Form 1) (1/08)

Case 4:08-cv-02849-SBA

Document 11-2

Filed 06/13/2008

Page 2 of 45
Page 2

Voluntary Petition
(This page must be completed and filed in every case)

Name of Debtor(s):
Contreras, Elizabeth

Prior Bankruptcy Case Filed Within Last 8 Years (If more than two, attach additional sheet)
Location Where Filed:None Location Where Filed: Case Number: Case Number: Date Filed: Date Filed:

Pending Bankruptcy Case Filed by any Spouse, Partner or Affiliate of this Debtor (If more than one, attach additional sheet)
Name of Debtor:
None

Case Number: Relationship:

Date Filed: Judge:

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 A is attached and made a part of this petition.
© 1993-2008 EZ-Filing, Inc. [1-800-998-2424] - Forms Software Only

Exhibit B
(To be completed if debtor is an individual whose debts are primarily consumer debts.) I, the attorney for the petitioner named in the foregoing petition, declare that I have informed the petitioner that [he or she] may proceed under chapter 7, 11, 12, or 13 of title 11, United States Code, and have explained the relief available under each such chapter. I further certify that I delivered to the debtor the notice required by § 342(b) of the Bankruptcy Code.

X

/s/ Irving L. Berg
Signature of Attorney for Debtor(s)

5/22/08
Date

Exhibit C
Does the debtor own or have possession of any property that poses or is alleged to pose a threat of imminent and identifiable harm to public health or safety?

ü No

Yes, and Exhibit C is attached and made a part of this petition.

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.) ü Exhibit D completed and signed by the debtor is attached and made a part of this petition. If this is a joint petition: Exhibit D also completed and signed by the joint debtor is attached a made a part of this petition.

Information Regarding the Debtor - Venue

ü 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.

(Check any applicable box.)

Certification by a Debtor Who Resides as a Tenant of Residential Property
(Check all applicable boxes.) Landlord has a judgment against the debtor for possession of debtor's residence. (If box checked, complete the following.)

(Name of landlord or lessor that obtained judgment) (Address of landlord or lessor) 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: 08-30954

Doc #: 1

Filed: 06/01/2008

Page 2 of 45

B1 (Official Form 1) (1/08)

Case 4:08-cv-02849-SBA

Document 11-2

Filed 06/13/2008

Page 3 of 45
Page 3

Voluntary Petition
(This page must be completed and filed in every case)

Name of Debtor(s):
Contreras, Elizabeth

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 State 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. Signature of a Foreign Representative I declare under penalty of perjury that the information provided in this petition is true and correct, that I am the foreign representative of a debtor in a foreign proceeding, and that I am authorized to file this petition.
(Check only one box.)

I request relief in accordance with chapter 15 of title 11, United States Code. Certified copies of the documents required by 11 U.S.C. § 1515 are attached. Pursuant to 11 U.S.C. § 1511, I request relief in accordance with the chapter of title 11 specified in this petition. A certified copy of the order granting recognition of the foreign main proceeding is attached.

X X

/s/ Elizabeth Contreras
Signature of Debtor

X
Signature of Foreign Representative

Elizabeth Contreras
Printed Name of Foreign Representative

Signature of Joint Debtor Date Telephone Number (If not represented by attorney)
© 1993-2008 EZ-Filing, Inc. [1-800-998-2424] - Forms Software Only

May 22, 2008
Date

Signature of Attorney*

Signature of Non-Attorney Petition Preparer I declare under penalty of perjury that: 1) I am a bankruptcy petition preparer as defined in 11 U.S.C. § 110; 2) I prepared this document for compensation and have provided the debtor with a copy of this document and the notices and information required under 11 U.S.C. §§ 110(b), 110(h) and 342(b); 3) if rules or guidelines have been promulgated pursuant to 11 U.S.C. § 110(h) setting a maximum fee for services chargeable by bankruptcy petition preparers, I have given the debtor notice of the maximum amount before preparing any document for filing for a debtor or accepting any fee from the debtor, as required in that section. Official Form 19 is attached.
Printed Name and title, if any, of Bankruptcy Petition Preparer

X

/s/ Irving L. Berg
Signature of Attorney for Debtor(s)

Irving L. Berg 36273
Printed Name of Attorney for Debtor(s)

The Berg Law Group
Firm Name

145 Town Center PMB 493
Address

Corte Madera, CA 94925 (415) 924-0742
Telephone Number

May 22, 2008
Date

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

*In a case in which § 707(b)(4)(D) applies, this signature also constitutes a certification that the attorney has no knowledge after an inquiry that the information in the schedules is incorrect.

Signature of Debtor (Corporation/Partnership) I declare under penalty of perjury that the information provided in this petition is true and correct, and that I have been authorized to file this petition on behalf of the debtor. The debtor requests relief in accordance with the chapter of title 11, United States Code, specified in this petition.

X
Signature of Bankruptcy Petition Preparer or officer, principal, responsible person, or partner whose social security number is provided above. Date

X
Signature of Authorized Individual Printed Name of Authorized Individual

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:

Title of Authorized Individual

If more than one person prepared this document, attach additional sheets conforming to the appropriate official form for each person. A bankruptcy petition preparer's failure to comply with the provisions of title 11 and the Federal Rules of Bankruptcy Procedure may result in fines or imprisonment or both 11 U.S.C. § 110; 18 U.S.C. § 156.

Date

Case: 08-30954

Doc #: 1

Filed: 06/01/2008

Page 3 of 45

Case 4:08-cv-02849-SBA
Official Form 1, Exhibit D (10/06)

Document 11-2

Filed 06/13/2008

Page 4 of 45

United States Bankruptcy Court Northern District of California, San Francisco Division IN RE:
Contreras, Elizabeth
Debtor(s)

Case No. Chapter 7

EXHIBIT D - INDIVIDUAL DEBTOR'S STATEMENT OF COMPLIANCE WITH CREDIT COUNSELING REQUIREMENT
Warning: You must be able to check truthfully one of the five statements regarding credit counseling listed below. If you cannot do so, you are not eligible to file a bankruptcy case, and the court can dismiss any case you do file. If that happens, you will lose whatever filing fee you paid, and your creditors will be able to resume collection activities against you. If your case is dismissed and you file another bankruptcy case later, you may be required to pay a second filing fee and you may have to take extra steps to stop creditors collection activities. Every individual debtor must file this Exhibit D. If a joint petition is filed, each spouse must complete and file a separate Exhibit D. Check one of the five statements below and attach any documents as directed. 1. Within the 180 days before the filing of my bankruptcy case, I received a briefing from a credit counseling agency approved by the United States trustee or bankruptcy administrator that outlined the opportunities for available credit counseling and assisted me in performing a related budget analysis, and I have a certificate from the agency describing the services provided to me. Attach a copy of the certificate and a copy of any debt repayment plan developed through the agency.
© 1993-2008 EZ-Filing, Inc. [1-800-998-2424] - Forms Software Only

ü

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 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 I can file my bankruptcy case now. [Must be accompanied by a motion for determination by the court.][Summarize exigent circumstances here.]

If the court is satisfied with the reasons stated in your motion, it will send you an order approving your request. 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. Any extension of the 30-day deadline can be granted only for cause and is limited to a maximum of 15 days. A motion for extension must be filed within the 30-day period. Failure to fulfill these requirements may result in dismissal of your case. If the court is not satisfied with your reasons for filing your bankruptcy case without first receiving a credit counseling briefing, your case may be dismissed. 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/ Elizabeth Contreras Date: May 22, 2008

Case: 08-30954

Doc #: 1

Filed: 06/01/2008

Page 4 of 45

Case 4:08-cv-02849-SBA

Document 11-2

Filed 06/13/2008

Page 5 of 45

Case: 08-30954

Doc #: 1

Filed: 06/01/2008

Page 5 of 45

Case 4:08-cv-02849-SBA

Document 11-2

Filed 06/13/2008

Page 6 of 45

Case: 08-30954

Doc #: 1

Filed: 06/01/2008

Page 6 of 45

Case 4:08-cv-02849-SBA

Document 11-2

Filed 06/13/2008

Page 7 of 45

Case: 08-30954

Doc #: 1

Filed: 06/01/2008

Page 7 of 45

Case 4:08-cv-02849-SBA B6 Summary (Form 6 - Summary) (12/07)

Document 11-2

Filed 06/13/2008

Page 8 of 45

United States Bankruptcy Court Northern District of California, San Francisco Division
IN RE:
Contreras, Elizabeth
Debtor(s)

Case No. Chapter 7

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 debtor's assets. Add the amounts of all claims from Schedules D, E, and F to determine the total amount of the debtor's liabilities. Individual debtors 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) NUMBER OF SHEETS

ASSETS

LIABILITIES

OTHER

A - Real Property

Yes

1

$

0.00

B - Personal Property

Yes

3

$

511.16

© 1993-2008 EZ-Filing, Inc. [1-800-998-2424] - Forms Software Only

C - Property Claimed as Exempt

Yes

1

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)

Yes

1

$

0.00

Yes

1

$

0.00

Yes

4

$

35,715.00

Yes

1

Yes

1

Yes

1

$

2,508.00

Yes

1

$

2,760.00

TOTAL

15

$

511.16

$

35,715.00

Case: 08-30954

Doc #: 1

Filed: 06/01/2008

Page 8 of 45

Case 4:08-cv-02849-SBA Form 6 - Statistical Summary (12/07)

Document 11-2

Filed 06/13/2008

Page 9 of 45

United States Bankruptcy Court Northern District of California, San Francisco Division
IN RE:
Contreras, Elizabeth
Debtor(s)

Case No. Chapter 7

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)
© 1993-2008 EZ-Filing, Inc. [1-800-998-2424] - Forms Software Only

Amount $ $ $ $ $ $ $
0.00 0.00

Taxes and Certain Other Debts Owed to Governmental Units (from Schedule E) Claims for Death or Personal Injury While Debtor Was Intoxicated (from Schedule E) (whether disputed or undisputed) Student Loan Obligations (from Schedule F) Domestic Support, Separation Agreement, and Divorce Decree Obligations Not Reported on Schedule E Obligations to Pension or Profit-Sharing, and Other Similar Obligations (from Schedule F) TOTAL State the following: Average Income (from Schedule I, Line 16) Average Expenses (from Schedule J, Line 18) Current Monthly Income (from Form 22A Line 12; OR, Form 22B Line 11; OR, Form 22C Line 20 ) State the following: 1. Total from Schedule D, "UNSECURED PORTION, IF ANY" column 2. Total from Schedule E, "AMOUNT ENTITLED TO PRIORITY" column. 3. Total from Schedule E, "AMOUNT NOT ENTITLED TO PRIORITY, IF ANY" column 4. Total from Schedule F 5. Total of non-priority unsecured debt (sum of 1, 3, and 4)

0.00 8,858.00

0.00 0.00 8,858.00

$ $ $

2,508.00 2,760.00

3,240.00

$ $
0.00

0.00

$ $ $

0.00 35,715.00 35,715.00

Case: 08-30954

Doc #: 1

Filed: 06/01/2008

Page 9 of 45

Case 4:08-cv-02849-SBA

Document 11-2

Filed 06/13/2008

Page 10 of 45

UNITED STATES BANKRUPTCY COURT

NOTICE TO INDIVIDUAL CONSUMER DEBTOR UNDER § 342(b)

OF THE BANKRUPTCY CODE
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 of 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 and credit 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 credit counseling agencies. In addition, after filing a bankruptcy case, an individual debtor generally must complete a financial management instructional course before he or she can receive a discharge. The clerk 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 ($245 filing fee, $39 administrative fee, $15 trustee surcharge: Total fee $299) 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 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, 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. 2. 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. 3. 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. 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; 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. 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) 1. Chapter 13 is designed for individuals with regular income who would like to pay all or part of their debts in instalments 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,

© 1993-2008 EZ-Filing, Inc. [1-800-998-2424] - Forms Software Only

Case: 08-30954

Doc #: 1

Filed: 06/01/2008

Page 10 of 45

Case 4:08-cv-02849-SBA

Document 11-2

Filed 06/13/2008

Page 11 of 45

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. 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 ($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.
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 a 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 time deadlines set by the Bankruptcy Code, the Bankruptcy Rules, and the local rules of the court. Certificate of [Non-Attorney] Bankruptcy Petition Preparer
I, the [non-attorney] bankruptcy petition preparer signing the debtor's petition, hereby certify that I delivered to the debtor this notice required by § 342(b) of the Bankruptcy Code. Printed Name and title, if any, of Bankruptcy Petition Preparer Address: 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.)

© 1993-2008 EZ-Filing, Inc. [1-800-998-2424] - Forms Software Only

X
Signature of Bankruptcy Petition Preparer of officer, principal, responsible person, or partner whose Social Security number is provided above.

Certificate of the Debtor
I (We), the debtor(s), affirm that I (we) have received and read this notice.

Contreras, Elizabeth

X /s/ Elizabeth Contreras
Signature of Debtor

5/22/2008

Printed Name(s) of Debtor(s)

Date

Case No. (if known)

X
Signature of Joint Debtor (if any) Date

Case: 08-30954

Doc #: 1

Filed: 06/01/2008

Page 11 of 45

Case 4:08-cv-02849-SBA
B22A (Official Form 22A) (Chapter 7) (01/08) In re: Contreras, Elizabeth
Debtor(s)

Document 11-2

Filed 06/13/2008

Page 12 of 45

According to the calculations required by this statement: The presumption arises The presumption does not arise

ü

Case Number:
(If known)

(Check the box as directed in Parts I, III, and VI of this statement.)

CHAPTER 7 STATEMENT OF CURRENT MONTHLY INCOME AND MEANS-TEST CALCULATION
In addition to Schedules I and J, this statement must be completed by every individual chapter 7 debtor, whether or not filing jointly. Joint debtors may complete one statement only.

Part I. EXCLUSION FOR DISABLED VETERANS AND NON-CONSUMER DEBTORS
If you are a disabled veteran described in the Veteran's Declaration in this Part I, (1) check the box at the beginning of the Veteran's Declaration, (2) check the box for "The presumption does not arise" at the top of this statement, and (3) complete the verification in Part VIII. Do not complete any of the remaining parts of this statement. 1A Veteran's Declaration. 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)). 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.

© 1993-2008 EZ-Filing, Inc. [1-800-998-2424] - Forms Software Only

1B

Part II. CALCULATION OF MONTHLY INCOME FOR § 707(b)(7) EXCLUSION
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.

ü

2

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. 3 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 $ $

Column A Debtor's Income
3,240.00

Column B Spouse's Income $

4

$

Case: 08-30954

Doc #: 1

Filed: 06/01/2008

Page 12 of 45

Case 4:08-cv-02849-SBA
B22A (Official Form 22A) (Chapter 7) (01/08)

Document 11-2

Filed 06/13/2008

Page 13 of 45

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. 6 7 Gross receipts Ordinary and necessary operating expenses Rent and other real property income $ $ Subtract Line b from Line a $ $ $ $ $ $

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 debtor's 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. 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

8

$

$

9
© 1993-2008 EZ-Filing, Inc. [1-800-998-2424] - Forms Software Only

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. a. b. Total and enter on Line 10 $ $ $ $
3,240.00

$ $

11

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 through 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

$

3,240.00

Part III. APPLICATION OF § 707(B)(7) EXCLUSION
13 Annualized Current Monthly Income for § 707(b)(7). Multiply the amount from Line 12 by the number 12 and enter the result. Applicable median family income. Enter the median family income for the applicable state and household size. (This information is available by family size at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court.) a. Enter debtor's state of residence: California b. Enter debtor's household size:
3

$

38,880.00

14

$

66,611.00

15

Application of Section707(b)(7). Check the applicable box and proceed as directed. 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.

ü

Complete Parts IV, V, VI, and VII of this statement only if required. (See Line 15.)

Case: 08-30954

Doc #: 1

Filed: 06/01/2008

Page 13 of 45

Case 4:08-cv-02849-SBA
B22A (Official Form 22A) (Chapter 7) (01/08)

Document 11-2

Filed 06/13/2008

Page 14 of 45

Part IV. CALCULATION OF CURRENT MONTHLY INCOME FOR § 707(b)(2)
16 Enter the amount from Line 12. Marital adjustment. If you checked the box at Line 2.c, enter on Line 17 the total of any income listed in Line 11, Column B that was NOT paid on a regular basis for the household expenses of the debtor or the debtor's dependents. Specify in the lines below the basis for excluding the Column B income (such as payment of the spouse's tax liability or the spouse's support of persons other than the debtor or the debtor's dependents) and the amount of income devoted to each purpose. If necessary, list additional adjustments on a separate page. If you did not check box at Line 2.c, enter zero. a. b. c. 18 $ $ $ $ $ $

17

Current monthly income for § 707(b)(2). Subtract Line 17 from Line 16 and enter the result.

Part V. CALCULATION OF DEDUCTIONS FROM INCOME
Subpart A: Deductions under Standards of the Internal Revenue Service (IRS)
© 1993-2008 EZ-Filing, Inc. [1-800-998-2424] - Forms Software Only

19A

National Standards: food, clothing and other items. Enter in Line 19A the "Total" amount from IRS National Standards for Food, Clothing and Other Items for the applicable household size. (This information is available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court.) $ National Standards: health care. Enter in Line a1 below the amount from IRS National Standards for Out-of-Pocket Health Care for persons under 65 years of age, and in Line a2 the IRS National Standards for Out-of-Pocket 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 number of members of your household who are under 65 years of age, and enter in Line b2 the number of members of your household who are 65 years of age or older. (The total number of household members must be the same as the number stated in Line 14b.) Multiply Line a1 by Line b1 to obtain a total amount for household members under 65, and enter the result in Line c1. Multiply Line a2 by Line b2 to obtain a total amount for household members 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. Household members under 65 years of age a1. b1. c1. Allowance per member Number of members Subtotal Household members 65 years of age or older a2. b2. c2. Allowance per member Number of members Subtotal $

19B

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 household size. (This information is available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court). 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); 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.

$

20B

a. b. c.

IRS Housing and Utilities Standards; mortgage/rental expense Average Monthly Payment for any debts secured by your home, if any, as stated in Line 42 Net mortgage/rental expense

$ $ Subtract Line b from Line a $

Case: 08-30954

Doc #: 1

Filed: 06/01/2008

Page 14 of 45

Case 4:08-cv-02849-SBA
B22A (Official Form 22A) (Chapter 7) (01/08)

Document 11-2

Filed 06/13/2008

Page 15 of 45

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: 21

$ 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 are included as a contribution to your household expenses in Line 8. 22A 0 1 2 or more.

© 1993-2008 EZ-Filing, Inc. [1-800-998-2424] - Forms Software Only

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.) 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.) 1 2 or more.

$

22B

$

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. IRS Transportation Standards, Ownership Costs Average Monthly Payment for any debts secured by Vehicle 1, as stated in Line 42 Net ownership/lease expense for Vehicle 1 $ $ 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. 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. IRS Transportation Standards, Ownership Costs, Second Car Average Monthly Payment for any debts secured by Vehicle 2, as stated in Line 42 Net ownership/lease expense for Vehicle 2 $ $ Subtract Line b from Line a $

24

Case: 08-30954

Doc #: 1

Filed: 06/01/2008

Page 15 of 45

Case 4:08-cv-02849-SBA
B22A (Official Form 22A) (Chapter 7) (01/08) 25

Document 11-2

Filed 06/13/2008

Page 16 of 45

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 childcare--such 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 service--to 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. Subpart B: Additional Expense Deductions under § 707(b) 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. a. Health Insurance Disability Insurance Health Savings Account $ $ $

$

26

$

27

$

28

$

29

$

30
© 1993-2008 EZ-Filing, Inc. [1-800-998-2424] - Forms Software Only

$

31

$

32

$ $

33

34

b. 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.

$

35

$

36

$

Case: 08-30954

Doc #: 1

Filed: 06/01/2008

Page 16 of 45

Case 4:08-cv-02849-SBA
B22A (Official Form 22A) (Chapter 7) (01/08) 37

Document 11-2

Filed 06/13/2008

Page 17 of 45

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 $137.50 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 Subpart C: Deductions for Debt Payment

$

38

$

39

$ $ $

40 41

© 1993-2008 EZ-Filing, Inc. [1-800-998-2424] - Forms Software Only

Future payments on secured claims. For each of your debts that is secured by an interest in property that you own, list the name of the creditor, identify the property securing the debt, state the Average Monthly Payment, and check whether the payment includes taxes or insurance. The Average Monthly Payment is the total of all amounts scheduled as contractually due to each Secured Creditor in the 60 months following the filing of the bankruptcy case, divided by 60. If necessary, list additional entries on a separate page. Enter the total of the Average Monthly Payments on Line 42. 42 Name of Creditor a. b. c. Property Securing the Debt $ $ $ Total: Add lines a, b and c. 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. 43 Name of Creditor a. b. c. Property Securing the Debt 1/60th of the Cure Amount $ $ $ Total: Add lines a, b and c. 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. $ Average Monthly Payment Does payment include taxes or insurance? yes yes yes no no no $

44

$

Case: 08-30954

Doc #: 1

Filed: 06/01/2008

Page 17 of 45

Case 4:08-cv-02849-SBA
B22A (Official Form 22A) (Chapter 7) (01/08)

Document 11-2

Filed 06/13/2008

Page 18 of 45

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. a. b. 45 Projected average monthly chapter 13 plan payment. Current multiplier for your district as determined under schedules 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 $

X Total: Multiply Lines a and b

c.

$ $

46

Total Deductions for Debt Payment. Enter the total of Lines 42 through 45. Subpart D: Total Deductions from Income

47

Total of all deductions allowed under § 707(b)(2). Enter the total of Lines 33, 41, and 46.

$

Part VI. DETERMINATION OF § 707(b)(2) PRESUMPTION
© 1993-2008 EZ-Filing, Inc. [1-800-998-2424] - Forms Software Only

48 49 50 51

Enter the amount from Line 18 (Current monthly income for § 707(b)(2)) Enter the amount from Line 47 (Total of all deductions allowed under § 707(b)(2)) Monthly disposable income under § 707(b)(2). Subtract Line 49 from Line 48 and enter the result. 60-month disposable income under § 707(b)(2). Multiply the amount in Line 50 by the number 60 and enter the result. Initial presumption determination. Check the applicable box and proceed as directed.

$ $ $ $

The amount on Line 51 is less than $6,575. 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 $10,950. 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 $6,575, but not more than $10,950. Complete the remainder of Part VI (Lines 53 though 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. 55 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 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. $ $

Case: 08-30954

Doc #: 1

Filed: 06/01/2008

Page 18 of 45

Case 4:08-cv-02849-SBA
B22A (Official Form 22A) (Chapter 7) (01/08)

Document 11-2

Filed 06/13/2008

Page 19 of 45

Part VII. ADDITIONAL EXPENSE CLAIMS
Other Expenses. List and describe any monthly expenses, not otherwise stated in this form, that are required for the health and welfare of you and your family and that you contend should be an additional deduction from your current monthly income under § 707(b)(2)(A)(ii)(I). If necessary, list additional sources on a separate page. All figures should reflect your average monthly expense for each item. Total the expenses. Expense Description 56 a. b. c. Total: Add Lines a, b and c $ $ $ $ Monthly Amount

Part VIII. VERIFICATION
I declare under penalty of perjury that the information provided in this statement is true and correct. (If this a joint case, both debtors must sign.)
© 1993-2008 EZ-Filing, Inc. [1-800-998-2424] - Forms Software Only

57

Date: May 22, 2008 Date:

Signature: /s/ Elizabeth Contreras
(Debtor)

Signature:
(Joint Debtor, if any)

Case: 08-30954

Doc #: 1

Filed: 06/01/2008

Page 19 of 45

Case 4:08-cv-02849-SBA B6A (Official Form 6A) (12/07)
IN RE Contreras, Elizabeth

Document 11-2

Filed 06/13/2008
Case No.

Page 20 of 45
(If known)

Debtor(s)

SCHEDULE A - REAL PROPERTY
Except as directed below, list all real property in which the debtor has any legal, equitable, or future interest, including all property owned as a cotenant, community property, or in which the debtor has a life estate. Include any property in which the debtor holds rights and powers exercisable for the debtor's own benefit. If the debtor is married, state whether the husband, wife, both, or the marital community own the property by placing an "H," "W," "J," or "C" in the column labeled "Husband, Wife, Joint, or Community." If the debtor holds no interest in real property, write "None" under "Description and Location of Property." Do not include interests in executory contracts and unexpired leases on this schedule. List them in Schedule G - Executory Contracts and Unexpired Leases. If an entity claims to have a lien or hold a secured interest in any property, state the amount of the secured claim. See Schedule D. If no entity claims to hold a secured interest in the property, write "None" in the column labeled "Amount of Secured Claim." If the debtor is an individual or if a joint petition is filed, state the amount of any exemption claimed in the property only in Schedule C - Property Claimed as Exempt.
HUSBAND, WIFE, JOINT, OR COMMUNITY

DESCRIPTION AND LOCATION OF PROPERTY

NATURE OF DEBTOR'S INTEREST IN PROPERTY

CURRENT VALUE OF DEBTOR'S INTEREST IN PROPERTY WITHOUT DEDUCTING ANY SECURED CLAIM OR EXEMPTION

AMOUNT OF SECURED CLAIM

None

© 1993-2008 EZ-Filing, Inc. [1-800-998-2424] - Forms Software Only

TOTAL

0.00
(Report also on Summary of Schedules)

Case: 08-30954

Doc #: 1

Filed: 06/01/2008

Page 20 of 45

Case 4:08-cv-02849-SBA B6B (Official Form 6B) (12/07)
IN RE Contreras, Elizabeth

Document 11-2

Filed 06/13/2008
Case No.

Page 21 of 45
(If known)

Debtor(s)

SCHEDULE B - PERSONAL PROPERTY
Except as directed below, list all personal property of the debtor of whatever kind. If the debtor has no property in one or more of the categories, place an "x" in the appropriate position in the column labeled "None." If additional space is needed in any category, attach a separate sheet properly identified with the case name, case number, and the number of the category. If the debtor is married, state whether the husband, wife, both, or the marital community own the property by placing an "H," "W," "J," or "C" in the column labeled "Husband, Wife, Joint, or Community." If the debtor is an individual or a joint petition is filed, state the amount of any exemptions claimed only in Schedule C - Property Claimed as Exempt. Do not list interests in executory contracts and unexpired leases on this schedule. List them in Schedule G - Executory Contracts and Unexpired Leases. If the property is being held for the debtor by someone else, state that person's name and address under "Description and Location of Property." If the property is being held for a minor child, simply state the child's initials and the name and address of the child's parent or guardian, such as "A.B., a minor child, by John Doe, guardian." Do not disclose the child's name. See, 11 U.S.C. §112 and Fed. R. Bankr. P. 1007(m).
HUSBAND, WIFE, JOINT, OR COMMUNITY

TYPE OF PROPERTY

N O N E

DESCRIPTION AND LOCATION OF PROPERTY

CURRENT VALUE OF DEBTOR'S INTEREST IN PROPERTY WITHOUT DEDUCTING ANY SECURED CLAIM OR EXEMPTION

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, include 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. 9. Interest in insurance policies. Name insurance company of each policy and itemize surrender or refund value of each. 10. Annuities. Itemize and name each issue. 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. 13. Stock and interests in incorporated and unincorporated businesses. Itemize. 14. Interests in partnerships or joint ventures. Itemize.

X X

© 1993-2008 EZ-Filing, Inc. [1-800-998-2424] - Forms Software Only

X

Household goods

250.00

X

Wearing apparel X X X

250.00

X X

X

X

X

Case: 08-30954

Doc #: 1

Filed: 06/01/2008

Page 21 of 45

Case 4:08-cv-02849-SBA B6B (Official Form 6B) (12/07) - Cont.
IN RE Contreras, Elizabeth

Document 11-2

Filed 06/13/2008
Case No.

Page 22 of 45
(If known)

Debtor(s)

SCHEDULE B - PERSONAL PROPERTY (Continuation Sheet)
HUSBAND, WIFE, JOINT, OR COMMUNITY

TYPE OF PROPERTY

N O N E

DESCRIPTION AND LOCATION OF PROPERTY

CURRENT VALUE OF DEBTOR'S INTEREST IN PROPERTY WITHOUT DEDUCTING ANY SECURED CLAIM OR EXEMPTION

15. Government and corporate bonds and other negotiable and non-negotiable instruments. 16. Accounts receivable. 17. Alimony, maintenance, support, and property settlements in which the debtor is or may be entitled. Give particulars. 18. Other liquidated debts owed to debtor including tax refunds. Give particulars.
© 1993-2008 EZ-Filing, Inc. [1-800-998-2424] - Forms Software Only

X

X X

X

19. Equitable or future interest, 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