Académique Documents
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Voluntary Petition
Name of Debtor (if individual, enter Last, First, Middle): Garcia, Adrian All Other Names used by the Debtor in the last 6 years (include married, maiden, and trade names):
Name of Joint Debtor (Spouse) (Last, First, Middle): Garcia, Catalina P. All Other Names used by the Joint Debtor in the last 6 years (include married, maiden, and trade names): aka Catalina Presas
Last four digits of Soc. Sec. No. / Complete EIN or other Tax I.D. No.
(if more than one, state all):
Last four digits of Soc. Sec. No. / Complete EIN or other Tax I.D. No.
(if more than one, state all):
xxx-xx-0528 Street Address of Debtor (No. & Street, City, State & Zip Code): 25 Skyview Drive Brownsville, TX 78521 County of Residence or of the Principal Place of Business:
xxx-xx-0145 Street Address of Joint Debtor (No. & Street, City, State & Zip Code): 25 Skyview Drive Brownsville, TX 78521 County of Residence or of the Cameron Principal Place of Business: Mailing Address of Joint Debtor (if different from street address): 25 Skyview Drive Brownsville, TX 78521
Cameron
Mailing Address of Debtor (if different from street address): 25 Skyview Drive Brownsville, TX 78521 Location of Principal Assets of Business Debtor (if different from street address above):
Information Regarding the Debtor (Check the Applicable Boxes) Venue (Check any applicable box) 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. Type of Debtor (Check all boxes that apply) Individual(s) Railroad Corporation Stockbroker Partnership Commodity Broker Other Clearing Bank Nature of Debts (Check one box) Consumer/Non-Business Business Chapter 11 Small Business (Check all boxes that apply) Debtor is a small business as defined in 11 U.S.C. 101 Debtor is and elects to be considered a small business under 11 U.S.C. 1121(e) (Optional) Chapter or Section of Bankruptcy Code Under Which the Petition is Filed (Check one box) Chapter 7 Chapter 11 Chapter 13 Chapter 9 Chapter 12 Sec. 304 - Case ancillary to foreign proceeding Filing Fee (Check one box) 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 No. 3.
THIS SPACE IS FOR COURT USE ONLY
Statistical/Administrative Information (Estimates only) 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. Estimated Number of Creditors Estimated Assets
$0 to $50,000 $50,001 to $100,000 $100,001 to $500,000 $500,001 to $1 million $1,000,001 to $10 million $10,000,001 to $50 million $50,000,001 to $100 million More than $100 million 1-15 16-49 50-99 100-199 200-999 1000-over
Estimated Debts
$0 to $50,000 $50,001 to $100,000 $100,001 to $500,000 $500,001 to $1 million $1,000,001 to $10 million $10,000,001 to $50 million $50,000,001 to $100 million More than $100 million
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Voluntary Petition
(This page must be completed and filed in every case)
Prior Bankruptcy Case Filed Within Last 6 Years (If more than one, attach additional sheet) Case Number: 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: Case Number: Date Filed: - None District: Relationship: Judge:
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. I request relief in accordance with the chapter of title 11, United States Code, specified in this petition. 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. 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. /s/ John Ventura 20545700 September 3, 2004 Signature of Attorney for Debtor(s) Date John Ventura 20545700 Exhibit C Does the debtor own or have possession of any property that poses 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 Signature of Non-Attorney Petition Preparer I certify that I am a bankruptcy petition preparer as defined in 11 U.S.C. 110, that I prepared this document for compensation, and that I have provided the debtor with a copy of this document. Printed Name of Bankruptcy Petition Preparer Social Security Number (Required by 11 U.S.C. 110(c).)
X X
/s/ Adrian Garcia Signature of Debtor Adrian Garcia /s/ Catalina P. Garcia Signature of Joint Debtor Catalina P. Garcia Telephone Number (If not represented by attorney) September 3, 2004 Date
Signature of Attorney /s/ John Ventura 20545700 Signature of Attorney for Debtor(s) John Ventura 20545700 Printed Name of Attorney for Debtor(s) Law Offices of John Ventura, P.C. Firm Name 62 E. Price Rd. Brownsville, Tx 78521, Address Email: jventura@johnventura.com (956) 546-9398 Fax: (956) 542-1478 Telephone Number September 3, 2004 Date
Address Names and Social Security numbers of all other individuals who prepared or assisted in preparing this document:
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.
If more than one person prepared this document, attach additional sheets conforming to the appropriate official form for each person.
X
Signature of Authorized Individual Printed Name of Authorized Individual Title of Authorized Individual Date
X
Signature of Bankruptcy Petition Preparer Date 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.
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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 from Schedules D, E, and F to determine the total amount of the debtor's liabilities.
AMOUNTS SCHEDULED NAME OF SCHEDULE A - Real Property B - Personal Property C - Property Claimed as Exempt D - Creditors Holding Secured Claims E - Creditors Holding Unsecured Priority Claims 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) ATTACHED NO. OF (YES/NO) SHEETS
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 1 4 2 1 1 2 1 1 1 1 15 131,344.00 168,675.40 5,475.60 3,534.17 126,760.63 0.00 41,914.77
ASSETS
102,016.00 29,328.00
LIABILITIES
OTHER
Total Assets
Total Liabilities
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In re
BRO- LAND O LAKE BLKS 1-11AMENDED LOT 1 BLK 4 Location: 25 Skyview Drive, Brownsville TX
HOMESTEAD
120,186.63
Sub-Total > Total > 0 continuation sheets attached to the Schedule of Real Property
102,016.00 102,016.00
Copyright (c) 1996-2004 - Best Case Solutions, Inc. - Evanston, IL - (800) 492-8037
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In re
1. 2.
Cash on hand 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. Security deposits with public utilities, telephone companies, landlords, and others. Household goods and furnishings, including audio, video, and computer equipment.
3.
P.U.B. DEPOSIT
100.00
4.
LIVING ROOM: SOFA, SECTIONAL SOFA, RECLINER, SIDE CHAIR, COFFEE TABLE, END TABLE, BOOKCASE, 4 COLOR T.V.'S, STEREO, 2 ENT. CENTERS, 2 LAMPS, 2 VCR'S KITCHEN AND DINING ROOM: STOVE, REFRIGERATOR, DISHWASHER, TRASH COMPACTOR, MICROWAVE OVEN, SMALL APPLIANCES, POTS/PANS, DISHES/GLASSWARE, FLATWARE, 2 TABLES/4/6 CHAIRS, CHINA CABINET BEDROOM 1: KING SIZE BED, DRESSER, LAMP, BEDROOM 2: FULL SIZE BED, DRESSER, NIGHT STAND, CLOCK, LAMP, BEDROOM 3: FULL SIZE BED, DRESSER, CHEST OF DRAWERS, LAMP, GARAGE/UTILITY ROOM: HAND TOOLS BATHROOM: TOWELS/LINENS 40 VHS/VIDEOS, AND CD GAMES
1,530.00
1,770.00
1,215.00
C C C
Sub-Total > (Total of this page) 3 continuation sheets attached to the Schedule of Personal Property
4,895.00
Copyright (c) 1996-2004 - Best Case Solutions, Inc. - Evanston, IL - (800) 492-8037
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In re
5.
Books, pictures and other art objects, antiques, stamp, coin, record, tape, compact disc, and other collections or collectibles. Wearing apparel. Furs and jewelry.
6. 7.
DEBTOR'S CLOTHING/SPOUSE'S CLOTHING DEBTOR'S JEWELRY: 2 WATCHES, WEDDING RING, CHAIN SPOUSE'S JEWELRY: WATCH, WEDDING RING
C C
83.00 850.00
8.
Firearms and sports, photographic, and other hobby equipment. Interests in insurance policies. Name insurance company of each policy and itemize surrender or refund value of each. X
GOLF CLUBS/BAGS
400.00
9.
FAMILY LIFE INSURANCE POLICIES DATE AQUIRED : 2004 FACE AMOUNT: 250,000.00/200,000.00 WHOLE LIFE/NO CASH VALUE
0.00
10. Annuities. Itemize and name each issuer. 11. Interests in IRA, ERISA, Keogh, or other pension or profit sharing plans. Itemize. 12. Stock and interests in incorporated and unincorporated businesses. Itemize. 13. Interests in partnerships or joint ventures. Itemize. 14. Government and corporate bonds and other negotiable and nonnegotiable instruments. 15. Accounts receivable. 16. Alimony, maintenance, support, and property settlements to which the debtor is or may be entitled. Give particulars.
14,400.00
ING STOCK
400.00
X X
Sub-Total > (Total of this page) Sheet 1 of 3 continuation sheets attached to the Schedule of Personal Property
Copyright (c) 1996-2004 - Best Case Solutions, Inc. - Evanston, IL - (800) 492-8037
16,133.00
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In re
17. Other liquidated debts owing debtor including tax refunds. Give particulars. 18. Equitable or future interests, life estates, and rights or powers exercisable for the benefit of the debtor other than those listed in Schedule of Real Property. 19. Contingent and noncontingent interests in estate of a decedent, death benefit plan, life insurance policy, or trust. 20. 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. 21. Patents, copyrights, and other intellectual property. Give particulars. 22. Licenses, franchises, and other general intangibles. Give particulars. 23. Automobiles, trucks, trailers, and other vehicles and accessories.
1983 MERCEDES BENZ 2000 FORD F-150 1984 SABRE( OLD VEHICLE NOT OPERABLE/NOT DRIVEABLE)
C C C
24. Boats, motors, and accessories. 25. Aircraft and accessories. 26. Office equipment, furnishings, and supplies.
X X X
Sub-Total > (Total of this page) Sheet 2 of 3 continuation sheets attached to the Schedule of Personal Property
Copyright (c) 1996-2004 - Best Case Solutions, Inc. - Evanston, IL - (800) 492-8037
8,300.00
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In re
27. Machinery, fixtures, equipment, and supplies used in business. 28. Inventory. 29. Animals. 30. Crops - growing or harvested. Give particulars. 31. Farming equipment and implements. 32. Farm supplies, chemicals, and feed. 33. Other personal property of any kind not already listed.
X X X
X X
0.00 29,328.00
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In re
11 U.S.C. 522(d)(5)
80.00
80.00
Checking, Savings, or Other Financial Accounts, Certificates of Deposit CHECKING ACCOUNT/SAVINGS ACCOUNT 11 U.S.C. 522(d)(5) Security Deposits with Utilities, Landlords, and Others P.U.B. DEPOSIT Household Goods and Furnishings LIVING ROOM: SOFA, SECTIONAL SOFA, RECLINER, SIDE CHAIR, COFFEE TABLE, END TABLE, BOOKCASE, 4 COLOR T.V.'S, STEREO, 2 ENT. CENTERS, 2 LAMPS, 2 VCR'S KITCHEN AND DINING ROOM: STOVE, REFRIGERATOR, DISHWASHER, TRASH COMPACTOR, MICROWAVE OVEN, SMALL APPLIANCES, POTS/PANS, DISHES/GLASSWARE, FLATWARE, 2 TABLES/4/6 CHAIRS, CHINA CABINET BEDROOM 1: KING SIZE BED, DRESSER, LAMP, BEDROOM 2: FULL SIZE BED, DRESSER, NIGHT STAND, CLOCK, LAMP, BEDROOM 3: FULL SIZE BED, DRESSER, CHEST OF DRAWERS, LAMP, GARAGE/UTILITY ROOM: HAND TOOLS BATHROOM: TOWELS/LINENS 40 VHS/VIDEOS, AND CD GAMES Wearing Apparel DEBTOR'S CLOTHING/SPOUSE'S CLOTHING 11 U.S.C. 522(d)(3) 11 U.S.C. 522(d)(3) 11 U.S.C. 522(d)(3)
0.00
0.00
11 U.S.C. 522(d)(5)
100.00
100.00
11 U.S.C. 522(d)(3)
1,530.00
1,530.00
11 U.S.C. 522(d)(3)
1,770.00
1,770.00
11 U.S.C. 522(d)(3)
1,215.00
1,215.00
11 U.S.C. 522(d)(3)
83.00
83.00
Copyright (c) 1996-2004 - Best Case Solutions, Inc. - Evanston, IL - (800) 492-8037
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In re
400.00
400.00
11 U.S.C. 522(d)(7)
0.00
0.00
Interests in IRA, ERISA, Keogh, or Other Pension or Profit Sharing Plans 11 U.S.C. 522(d)(10)(E) DEBTOR'S RETIREMENT THRU EMPLOYER/6400.00 SPOUSE'S RETIREMENT THRU EMPLOYER/8000.00 Stock and Interests in Businesses ING STOCK Automobiles, Trucks, Trailers, and Other Vehicles 1983 MERCEDES BENZ 2000 FORD F-150 1984 SABRE( OLD VEHICLE NOT OPERABLE/NOT DRIVEABLE)
14,400.00
14,400.00
11 U.S.C. 522(d)(5)
400.00
400.00
Sheet
of
Copyright (c) 1996-2004 - Best Case Solutions, Inc. - Evanston, IL - (800) 492-8037
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In re
DATE CLAIM WAS INCURRED, NATURE OF LIEN, AND DESCRIPTION AND MARKET VALUE OF PROPERTY SUBJECT TO LIEN Mortgage BRO- LAND O LAKE BLKS 1-11AMENDED LOT 1 BLK 4 Location: 25 Skyview Drive, Brownsville TX
C O N T I N G E N T
U N L I Q U I D A T E D
D I S P U T E D
DEBTOR TO PAY DIRECT 2000 FORD F-150 C Value $ 5,000.00 6,574.00 1,574.00
Account No.
Value $ 0 _____ continuation sheets attached Subtotal (Total of this page) Total (Report on Summary of Schedules)
Copyright (c) 1996-2004 - Best Case Solutions, Inc. - Evanston, IL - (800) 492-8037
126,760.63 126,760.63
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In re
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In re
DATE CLAIM WAS INCURRED AND CONSIDERATION FOR CLAIM. IF CLAIM IS SUBJECT TO SETOFF, SO STATE. REVOLVING CHARGE ACCOUNT
AMOUNT OF CLAIM
2,541.03 Account No. 5424140151758056 CITIBANK P.O. BOX 6401 The Lakes, NV 88901-6401 REVOLVING CHARGE ACCOUNT
9,931.27 Account No. ENHANCED RECOVERY CORPORATION 10550 DEERWOOD PARK BLVD. SUITE 600 ROOM C Jacksonville, FL 32256 Account No. 084-4701-70029 GMAC P.O. BOX 901009 Fort Worth, TX 76101-2009 COLLECTION FOR CARD PROCESSING CENTER C
11,223.49 _____ continuation sheets attached 1 Subtotal (Total of this page) 23,695.79
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S/N:12053-040810
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In re
CREDITOR'S NAME, AND MAILING ADDRESS INCLUDING ZIP CODE, AND ACCOUNT NUMBER (See instructions.) Account No. 1868559 ITT FINANCIAL P.O. BOX 318035 Independence, OH 44131-8035
DATE CLAIM WAS INCURRED AND CONSIDERATION FOR CLAIM. IF CLAIM IS SUBJECT TO SETOFF, SO STATE. 1987
AMOUNT OF CLAIM
3,369.34 Account No. 74993685366442 MBNA AMERICA P.O. BOX 15137 WILMINGTON, DE 19886-5137 REVOLVING CHARGE ACCOUNT
11,654.23 Account No. 214807484 T-MOBILE P.O. BOX 18008 Hauppauge, NY 11788-8808 CELL PHONE SERVICES
877.12 Account No. 8062809936 VOLKSWAGON CREDIT INC. 3800 HAMLIN ROAD Auburn Hills, MI 48326 DEFICIENCY STOLEN VEHICLE
2,318.29 Account No. WOLPOFF & ABRAMSON, LLP ATTORNEYS AT LAW 702 KING FARM BLVD Rockville, MD 20850-5775 COLLECTION FOR MBNA ACCOUNT
0.00 Sheet no. _____ of _____ sheets attached to Schedule of 1 1 Creditors Holding Unsecured Nonpriority Claims Subtotal (Total of this page) Total (Report on Summary of Schedules) 18,218.98
41,914.77
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In re
Copyright (c) 1996-2004 - Best Case Solutions, Inc. - Evanston, IL - (800) 492-8037
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In re
SCHEDULE H. CODEBTORS
Provide the information requested concerning any person or entity, other than a spouse in a joint case, that is also liable on any debts listed by debtor in the schedules of creditors. Include all guarantors and co-signers. In community property states, a married debtor not filing a joint case should report the name and address of the nondebtor spouse on this schedule. Include all names used by the nondebtor spouse during the six years immediately preceding the commencement of this case. Check this box if debtor has no codebtors. NAME AND ADDRESS OF CODEBTOR NAME AND ADDRESS OF CREDITOR
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In re
DEBTOR
TEACHER B.I.S.D. 20 YRS 1900 E. PRICE RD. Brownsville, TX 78521
SPOUSE
SECRETARY B.I.S.D. 1 YEAR 1900 E. PRICE RD. Brownsville, TX 78521
.......... .......... .......... ........ CAFETERIA ........ SUBTOTAL OF PAYROLL DEDUCTIONS . . . . . . . . . . . . . . . . . . . . . . TOTAL NET MONTHLY TAKE HOME PAY . . . . . . . . . . . . . . . . . . . . . . . Regular income from operation of business or profession or farm (attach detailed statement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Income from real property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interest and dividends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Alimony, maintenance or support payments payable to the debtor for the debtor's use or that of dependents listed above . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Social security or other government assistance (Specify) ............. ............. Pension or retirement income . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other monthly income (Specify) ............. ............. TOTAL MONTHLY INCOME 5,475.60 TOTAL COMBINED MONTHLY INCOME $
INCOME: (Estimate of average monthly income) Current monthly gross wages, salary, and commissions (pro rate if Estimated monthly overtime . . . . . . . . . . . . . . . . . . . . . . . . . . . SUBTOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LESS PAYROLL DEDUCTIONS a. Payroll taxes and social security . . . . . . . . . . . . . . . . . . . b. Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c. Union dues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d. Other (Specify) RETIREMENT
SPOUSE $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
1,989.53 0.00 1,989.53 124.18 60.13 0.00 124.66 0.00 308.97 1,680.56 0.00 0.00 0.00 352.00 0.00 0.00 0.00
Describe any increase or decrease of more than 10% in any of the above categories anticipated to occur within the year following the filing of this document:
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In re
. . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
298.00 75.00 52.00 136.00 65.00 800.00 230.00 65.00 57.00 350.00 175.00 0.00 0.00 198.00 0.00 333.17 0.00 0.00 375.00 0.00 0.00 0.00 0.00 0.00 0.00 325.00 0.00 3,534.17
.. $ . . . . . . . . . . . . . . . . . . $ $ $ $ $ $ $ $ $ $
[FOR CHAPTER 12 AND 13 DEBTORSONLY] Provide the information requested below, including whether plan payments are to be made bi-weekly, monthly, annually, or at some other regular interval. 5,475.60 A. Total projected monthly income . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,534.17 B. Total projected monthly expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,941.43 C. Excess income (A minus B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ Monthly 1,940.00 D. Total amount to be paid into plan each ....... $ (interval)
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13
I declare under penalty of perjury that I have read the foregoing summary and schedules, consisting of sheets [total shown on summary page plus 1], and that they are true and correct to the best of my knowledge, information, and belief.
16
Signature
Joint Debtor 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.
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13
State the gross amount of income the debtor has received from employment, trade, or profession, or from operation of the debtor's business from the beginning of this calendar year to the date this case was commenced. State also the gross amounts received during the two years immediately preceding this calendar year. (A debtor that maintains, or has maintained, financial records on the basis of a fiscal rather than a calendar year may report fiscal year income. Identify the beginning and ending dates of the debtor's fiscal year.) If a joint petition is filed, state income for each spouse separately. (Married debtors filing under chapter 12 or chapter 13 must state income of both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) AMOUNT $79,484.00 $80,627.00 $37,309.92 $15,749.40 SOURCE (if more than one) DEBTOR'S INCOME 2003 DEBTOR'S INCOME 2002 DEBTOR'S INCOME YTD SPOUSE'S INCOME YTD
State the amount of income received by the debtor other than from employment, trade, profession, or operation of the debtor's business during the two years immediately preceding the commencement of this case. Give particulars. If a joint petition is filed, state income for each spouse separately. (Married debtors filing under chapter 12 or chapter 13 must state income for each spouse whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) AMOUNT $4,224.00 SOURCE SPOUSE'S INCOME THRU CHILD SUPPORT 2002
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SOURCE SPOUSE'S INCOME THRU CHILD SUPPORT 2003 SPOUSE'S INCOME YTD CHILD SUPPORT
a. List all payments on loans, installment purchases of goods or services, and other debts, aggregating more than $600 to any creditor, made within 90 days immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include payments by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) DATES OF PAYMENTS JULY 2004 JUNE 25. AUG. 25, 2004. AMOUNT STILL OWING $0.00 $120,000.00
None
b. List all payments made within one year immediately preceding the commencement of this case to or for the benefit of creditors who are or were insiders. (Married debtors filing under chapter 12 or chapter 13 must include payments by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) AMOUNT STILL OWING
DATE OF PAYMENT
AMOUNT PAID
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.) NATURE OF PROCEEDING COURT OR AGENCY AND LOCATION STATUS OR DISPOSITION
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.) DESCRIPTION AND VALUE OF PROPERTY
NAME AND ADDRESS OF PERSON FOR WHOSE BENEFIT PROPERTY WAS SEIZED 5. Repossessions, foreclosures and returns
None
DATE OF SEIZURE
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.) DATE OF REPOSSESSION, FORECLOSURE SALE, TRANSFER OR RETURN
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.) DATE OF ASSIGNMENT
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b. List all property which has been in the hands of a custodian, receiver, or court-appointed official within one year immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning property of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND LOCATION OF COURT CASE TITLE & NUMBER
DATE OF ORDER
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.) RELATIONSHIP TO DEBTOR, IF ANY DESCRIPTION AND VALUE OF GIFT
DATE OF GIFT
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 OF CIRCUMSTANCES AND, IF LOSS WAS COVERED IN WHOLE OR IN PART BY INSURANCE, GIVE PARTICULARS
DATE OF LOSS
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 the petition in bankruptcy within one year immediately preceding the commencement of this case. DATE OF PAYMENT, NAME OF PAYOR IF OTHER THAN DEBTOR 8/30/04 AMOUNT OF MONEY OR DESCRIPTION AND VALUE OF PROPERTY RETAINER$610.00
NAME AND ADDRESS OF PAYEE Law Offices of John Ventura, P.C. 62 E. Price Rd. Brownsville, Tx 78521 10. Other transfers
None
List all other property, other than property transferred in the ordinary course of the business or financial affairs of the debtor, transferred either absolutely or as security within one year immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include transfers by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) DATE DESCRIBE PROPERTY TRANSFERRED AND VALUE RECEIVED
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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 CD AMOUNT AND DATE OF SALE OR CLOSING OCTOBER 2003/$25,000.00 DEBTOR USED MONEY TO PAY OFF CREDIT CARD DEBTS
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.) NAMES AND ADDRESSES OF THOSE WITH ACCESS TO BOX OR DEPOSITORY
DESCRIPTION OF CONTENTS
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
NAME AND ADDRESS OF CREDITOR 14. Property held for another person
None
List all property owned by another person that the debtor holds or controls.
LOCATION OF PROPERTY
If the debtor has moved within the two years immediately preceding the commencement of this case, list all premises which the debtor occupied during that period and vacated prior to the commencement of this case. If a joint petition is filed, report also any separate address of either spouse. NAME USED ADRIAN & CATALINA GARCIA DATES OF OCCUPANCY 2001-2003
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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 the six-year period immediately preceding the commencement of the case, identify the name of the debtors spouse and of any former spouse who resides or resided with the debtor in the community property state.
NAME CHRIS ORTIZ/ FORMER SPOUSE/DIVORCED 1995 FELIPE PEREZ/ FORMER SPOUSE/DIVORCED 1989 17. Environmental Information. For the purpose of this question, the following definitions apply: "Environmental Law" means any federal, state, or local statute or regulation regulating pollution, contamination, releases of hazardous or toxic substances, wastes or material into the air, land, soil, surface water, groundwater, or other medium, including, but not limited to, statutes or regulations regulating the cleanup of these substances, wastes, or material. "Site" means any location, facility, or property as defined under any Environmental Law, whether or not presently or formerly owned or operated by the debtor, including, but not limited to, disposal sites. "Hazardous Material" means anything defined as a hazardous waste, hazardous substance, toxic substance, hazardous material, pollutant, or contaminant or similar term under an Environmental Law
None
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: NAME AND ADDRESS OF GOVERNMENTAL UNIT DATE OF NOTICE ENVIRONMENTAL LAW
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. NAME AND ADDRESS OF GOVERNMENTAL UNIT DATE OF NOTICE ENVIRONMENTAL LAW
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.
NAME AND ADDRESS OF GOVERNMENTAL UNIT 18 . Nature, location and name of business
None
DOCKET NUMBER
STATUS OR DISPOSITION
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, partnership, sole proprietorship, or was a self-employed professional 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 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. TAXPAYER I.D. NO. (EIN) BEGINNING AND ENDING DATES
NAME
ADDRESS
NATURE OF BUSINESS
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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
The following questions are to be completed by every debtor that is a corporation or partnership and by any individual debtor who is or has been, within the six years immediately preceding the commencement of this case, any of the following: an officer, director, managing executive, or owner of more than 5 percent of the voting or equity securities of a corporation; a partner, other than a limited partner, of a partnership; a sole proprietor or otherwise self-employed. (An individual or joint debtor should complete this portion of the statement only if the debtor is or has been in business, as defined above, within the six years immediately preceding the commencement of this case. A debtor who has not been in business within those six years should go directly to the signature page.) 19. Books, records and financial statements
None
a. List all bookkeepers and accountants who within the two years immediately preceding the filing of this bankruptcy case kept or supervised the keeping of books of account and records of the debtor. DATES SERVICES RENDERED
b. List all firms or individuals who within the two years immediately preceding the filing of this bankruptcy case have audited the books of account and records, or prepared a financial statement of the debtor. ADDRESS DATES SERVICES RENDERED
NAME
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. ADDRESS d. List all financial institutions, creditors and other parties, including mercantile and trade agencies, to whom a financial statement was issued within the two years immediately preceding the commencement of this case by the debtor. DATE ISSUED
NAME
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
None
INVENTORY SUPERVISOR
b. List the name and address of the person having possession of the records of each of the two inventories reported in a., above.
DATE OF INVENTORY
a. If the debtor is a partnership, list the nature and percentage of partnership interest of each member of the partnership.
NATURE OF INTEREST
PERCENTAGE OF INTEREST
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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. ADDRESS DATE OF WITHDRAWAL
NAME
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. TITLE DATE OF TERMINATION
If the debtor is a partnership or corporation, list all withdrawals or distributions credited or given to an insider, including compensation in any form, bonuses, loans, stock redemptions, options exercised and any other perquisite during one year immediately preceding the commencement of this case. AMOUNT OF MONEY OR DESCRIPTION AND VALUE OF PROPERTY
NAME & ADDRESS OF RECIPIENT, RELATIONSHIP TO DEBTOR 24. Tax Consolidation Group.
None
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 the six-year period immediately preceding the commencement of the case. TAXPAYER IDENTIFICATION NUMBER
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 the six-year period immediately preceding the commencement of the case. TAXPAYER IDENTIFICATION NUMBER
Signature
Joint Debtor
Penalty for making a false statement: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. 152 and 3571
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n
3.
Debtor
o Other (specify):
n
4.
Debtor
o Other (specify):
I have not agreed to share the above-disclosed compensation with any other person unless they are members and associates of my law firm.
o I have agreed to share the above-disclosed compensation with a person or persons who are not members or associates of my law firm. A
copy of the agreement, together with a list of the names of the people sharing in the compensation is attached. 5. In return for the above-disclosed fee, I have agreed to render legal service for all aspects of the bankruptcy case, including: a. Analysis of the debtor's financial situation, and rendering advice to the debtor in determining whether to file a petition in bankruptcy; b. Preparation and filing of any petition, schedules, statement of affairs and plan which may be required; c. Representation of the debtor at the meeting of creditors and confirmation hearing, and any adjourned hearings thereof; d. Representation of the debtor in adversary proceedings and other contested bankruptcy matters; e. [Other provisions as needed] Negotiations with secured creditors to reduce to market value; exemption planning; preparation and filing of reaffirmation agreements and applications as needed; preparation and filing of motions pursuant to 11 USC 522(f)(2)(A) for avoidance of liens on household goods. Counsel may also undertake representation of the debtor in one or more proceedings in which fees may be payable by the Defendant(s) if the debtor obtains a successful outcome. An example of such a proceeding is one seeking relief for violations of the automatic stay pursuant to 11 U.S.C. 362(h). Such fees, if any, will not be paid by the estate. The amount of such fees, if any, will be disclosed to the court at the time of resolution of the adversary proceeding. 6. By agreement with the debtor(s), the above-disclosed fee does not include the following service: Representation of the debtors in any dischargeability actions, judicial lien avoidances, relief from stay actions or any other adversary proceeding. CERTIFICATION I certify that the foregoing is a complete statement of any agreement or arrangement for payment to me for representation of the debtor(s) in this bankruptcy proceeding. Dated: September 3, 2004 /s/ John Ventura 20545700 John Ventura 20545700 Law Offices of John Ventura, P.C. 62 E. Price Rd. Brownsville, Tx 78521, (956) 546-9398 Fax: (956) 542-1478 jventura@johnventura.com
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The above-named Debtors hereby verify that the attached list of creditors is true and correct to the best of their knowledge.
Date:
September 3, 2004
Signature of Debtor
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ENHANCED RECOVERY CORPORATION 10550 DEERWOOD PARK BLVD. SUITE 600 ROOM C Jacksonville, FL 32256
WOLPOFF & ABRAMSON, LLP ATTORNEYS AT LAW 702 KING FARM BLVD Rockville, MD 20850-5775