DMX Petition
DMX Petition
DMX Petition
Doc 1
Filed 07/29/13
Main Document
Voluntary Petition
Simmons, Earl
All Other Names used by the Debtor in the last 8 years (include married, maiden, and trade names): 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)
xxx-xx-2580
Street Address of Debtor (No. and Street, City, and State): Street Address of Joint Debtor (No. and Street, City, and State):
10549
County of Residence or of the Principal Place of Business: County of Residence or of the Principal Place of Business:
Westchester
Mailing Address of Debtor (if different from street address): Mailing Address of Joint Debtor (if different from street address):
29365
Location of Principal Assets of Business Debtor (if different from street address above):
Type of Debtor
(Form of Organization) (Check one box)
Nature of Business
(Check one box)
Chapter of Bankruptcy Code Under Which the Petition is Filed (Check one box) Chapter 7 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 Nature of Debts
(Check one box) Debts are primarily consumer debts, defined in 11 U.S.C. 101(8) as "incurred by an individual primarily for a personal, family, or household purpose." Debts are primarily business debts.
Corporation (includes LLC and LLP) Partnership Other (If debtor is not one of the above entities,
check this box and state type of entity below.)
Chapter 15 Debtors
Country of debtor's center of main interests: Each country in which a foreign proceeding by, regarding, or against debtor is pending:
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).
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: Debtors aggregate noncontingent liquidated debts (excluding debts owed to insiders or affiliates) are less than $2,490,925 (amount subject to adjustment on 4/01/16 and every three years thereafter).
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. Estimated Number of Creditors
149 5099 100199 200999 1,0005,000 5,00110,000 10,00125,000 25,00150,000 50,001100,000 OVER 100,000
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 $100,000,001 $500,000,001 More than to $500 to $1 billion $1 billion million
Estimated Liabilities
$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 $100,000,001 $500,000,001 More than to $500 to $1 billion $1 billion million
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B1 (Official Form 1)(04/13)
Doc 1
Filed 07/29/13
Main Document
Page 2
Voluntary Petition
(This page must be completed and filed in every case)
All Prior Bankruptcy Cases Filed Within Last 8 Years (If more than two, attach additional sheet) Location Case Number: Date Filed: Where Filed: United States Bankruptcy Court SDNY 09-24358 (RDD) 12/16/09 Location Where Filed: United States Bankruptcy Court SDNY Case Number: 09-23459 (RDD) Date Filed: 8/12/09
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: 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. Relationship: Judge: 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 11 U.S.C. 342(b).
Exhibit D (To be completed by every individual debtor. If a joint petition is filed, each spouse must complete and attach a separate Exhibit D.) Exhibit D completed and signed by the debtor is attached and made a part of this petition. If this is a joint petition: Exhibit D also completed and signed by the joint debtor is attached and made a part of this petition. Information Regarding the Debtor - 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. Debtor is a debtor in a foreign proceeding and has its principal place of business or principal assets in the United States in this District, or has no principal place of business or assets in the United States but is a defendant in an action or proceeding [in a federal or state court] in this District, or the interests of the parties will be served in regard to the relief sought in this District. Certification by a Debtor Who Resides as a Tenant of Residential Property (Check all applicable boxes) Landlord has a judgment against the debtor for possession of debtor's residence. (If box checked, complete the following.)
(Name of landlord that obtained judgment)
(Address of landlord)
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 with 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)).
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B1 (Official Form 1)(04/13)
Doc 1
Filed 07/29/13
Main Document
Page 3
Voluntary Petition
(This page must be completed and filed in every case) Signature(s) of Debtor(s) (Individual/Joint)
I declare under penalty of perjury that the information provided in this petition is true and correct. [If petitioner is an individual whose debts are primarily consumer debts and has chosen to file under chapter 7] I am aware that I may proceed under chapter 7, 11, 12, or 13 of title 11, United States Code, understand the relief available under each such chapter, and choose to proceed under chapter 7. [If no attorney represents me and no bankruptcy petition preparer signs the petition] I have obtained and read the notice required by 11 U.S.C. 342(b). I request relief in accordance with the chapter of title 11, United States Code, specified in this petition.
I request relief in accordance with chapter 15 of title 11. United States Code. Certified copies of the documents required by 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/ Earl Simmons Signature of Debtor Earl Simmons Signature of Joint Debtor
X
Signature of Foreign Representative Printed Name of Foreign Representative Date
Telephone Number (If not represented by attorney) July 29, 2013 Date Signature of Attorney*
/s/ Joel M. Shafferman Signature of Attorney for Debtor(s) Joel M. Shafferman JMS-1055 Printed Name of Attorney for Debtor(s) Shafferman & Feldman LLP Firm Name 18 East 41st Street Suite 1201 New York, NY 10017 Address Email: [email protected] 212 509-1802 Fax: 212 509-1831 Telephone Number July 29, 2013 Date
*In a case in which 707(b)(4)(D) applies, this signature also constitutes a certification that the attorney has no knowledge after an inquiry that the information in the schedules is incorrect.
Printed Name and title, if any, of Bankruptcy Petition Preparer Social-Security number (If the bankrutpcy petition preparer is not an individual, state the Social Security number of the officer, principal, responsible person or partner of the bankruptcy petition preparer.)(Required by 11 U.S.C. 110.)
Address
X
Date
Signature of bankruptcy petition preparer or officer, principal, responsible person,or partner whose Social Security number is provided above. Names and Social-Security numbers of all other individuals who prepared or assisted in preparing this document unless the bankruptcy petition preparer is not an individual:
X
Signature of Authorized Individual Printed Name of Authorized Individual Title of Authorized Individual Date
If more than one person prepared this document, attach additional sheets conforming to the appropriate official form for each person. A bankruptcy petition preparers failure to comply with the provisions of title 11 and the Federal Rules of Bankruptcy Procedure may result in fines or imprisonment or both. 11 U.S.C. 110; 18 U.S.C. 156.
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B4 (Official Form 4) (12/07)
Doc 1
Filed 07/29/13
Main Document
(2)
Name, telephone number and complete mailing address, including zip code, of employee, agent, or department of creditor familiar with claim who may be contacted American Honda Finance 600 Kelly Way Holyoke, MA 01040 Amusing Diversions, Inc. c/o Daniel A. Eigerman 260 Madison Avenue, 16th Floor New York, NY 10016 Bureau Of Med Econcs 326 E Coronado Rd Phoenix, AZ 85004 Child Support Enforcem PO Box 14 Albany, NY 12201 Child Support Enforcem PO Box 14 Albany, NY 12201 Escallate LLC 5200 Stoneham Rd North Canton, OH 44720 First Fed Credit & Col 5821 Hollywood Blvd Ste Hollywood, FL 33021 First Fed Credit & Col 5821 Hollywood Blvd Ste Hollywood, FL 33021 First Fed Credit & Col 5821 Hollywood Blvd Ste Hollywood, FL 33021 Gulf Coast Collection 5630 Marquesas Cir Sarasota, FL 34233 Integral Recoveries Inc 750 W Hampden Ave Ste 50 Englewood, CO 80110
(3)
Nature of claim (trade debt, bank loan, government contract, etc.) Auto Lease
(4)
Indicate if claim is contingent, unliquidated, disputed, or subject to setoff
(5)
Amount of claim [if secured, also state value of security] 21,415.00
American Honda Finance 600 Kelly Way Holyoke, MA 01040 Amusing Diversions, Inc. c/o Daniel A. Eigerman 260 Madison Avenue, 16th Floor New York, NY 10016 Bureau Of Med Econcs 326 E Coronado Rd Phoenix, AZ 85004 Child Support Enforcem PO Box 14 Albany, NY 12201 Child Support Enforcem PO Box 14 Albany, NY 12201 Escallate LLC 5200 Stoneham Rd North Canton, OH 44720 First Fed Credit & Col 5821 Hollywood Blvd Ste Hollywood, FL 33021 First Fed Credit & Col 5821 Hollywood Blvd Ste Hollywood, FL 33021 First Fed Credit & Col 5821 Hollywood Blvd Ste Hollywood, FL 33021 Gulf Coast Collection 5630 Marquesas Cir Sarasota, FL 34233 Integral Recoveries Inc 750 W Hampden Ave Ste 50 Englewood, CO 80110
Disputed
200,590.61
Medical Services
440.00
Family Support
1,245,759.00
Family Support
84,410.00
Orginal Creditor Emp Of Gaston County Pllc. Original Creditor Biscayne Echo Associates Inc. Original Creditor Biscayne Echo Associates Inc. Original Creditor Biscayne Echo Associates Inc Original Creditor United Radiology-Aventur a Medical Charges
455.00
300.00
275.00
225.00
717.00
2,663.00
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Doc 1
Filed 07/29/13
Main Document
In re
Earl Simmons
Debtor(s)
(2)
Name, telephone number and complete mailing address, including zip code, of employee, agent, or department of creditor familiar with claim who may be contacted Irina Priporina 16 Sunningdale Circle Englishtown, NJ 07726 LDC Collect P.O. Box 52110 Phoenix, AZ 85072 Olga Priporina 124 Clifford Street Hamden, CT 06517 Pentagroup Financial 5959 Corporate Dr Ste 14 Houston, TX 77036 Pentagroup Financial 5959 Corporate Dr Ste 14 Houston, TX 77036 Pentagroup Financial 5959 Corporate Dr Ste 14 Houston, TX 77036 Portfolio Recvry&Affil 120 Corporate Blvd Ste 1 Norfolk, VA 23502 Rec Mgt Grp 2901 University Av #29 Columbus, GA 31907 Sergey Priporin 124 Clifford Street Hamden, CT 06517
(3)
Nature of claim (trade debt, bank loan, government contract, etc.) Judgment
(4)
Indicate if claim is contingent, unliquidated, disputed, or subject to setoff
(5)
Amount of claim [if secured, also state value of security] 90,000.00
Irina Priporina 16 Sunningdale Circle Englishtown, NJ 07726 LDC Collect P.O. Box 52110 Phoenix, AZ 85072 Olga Priporina 124 Clifford Street Hamden, CT 06517 Pentagroup Financial 5959 Corporate Dr Ste 14 Houston, TX 77036 Pentagroup Financial 5959 Corporate Dr Ste 14 Houston, TX 77036 Pentagroup Financial 5959 Corporate Dr Ste 14 Houston, TX 77036 Portfolio Recvry&Affil 120 Corporate Blvd Ste 1 Norfolk, VA 23502 Rec Mgt Grp 2901 University Av #29 Columbus, GA 31907 Sergey Priporin 124 Clifford Street Hamden, CT 06517
747.00
62,601.98
Original Creditor ADT Original Creditor ADT Original creditor ADT Original Creditor Citibank South Dakota N.A. Medical Services
195.00
195.00
195.00
4,207.00
260.00
Judgment
93,208.78
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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B6A (Official Form 6A) (12/07)
Doc 1
Filed 07/29/13
Main Document
} b k 1 { S c h e d u l A R a P r o p t y
In re
Earl Simmons
, Debtor
Case No.
One half interest in the real property known as and located at 142 McClain Street Mount Kisco, New York 10549.
Fee simple
453,702.00
Sub-Total > Total > 0 continuation sheets attached to the Schedule of Real Property
0.00 0.00
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B6D (Official Form 6D) (12/07)
Doc 1
Filed 07/29/13
Main Document
} e b c k u 1 r { S d h C l a i m s D t o H n g
In re
Earl Simmons
, Debtor
Case No.
CREDITOR'S NAME AND MAILING ADDRESS INCLUDING ZIP CODE, AND ACCOUNT NUMBER (See instructions above.) Account No. xxxxxxxxx1204 Compass Bank c/o Chris Pavlik, Fein Such & Crane LLP 747 Chestnut Ridge Road Spring Valley, NY 10977 Account No.
C O D E B T O R
DATE CLAIM WAS INCURRED, NATURE OF LIEN, AND DESCRIPTION AND VALUE OF PROPERTY SUBJECT TO LIEN Opened 6/05/03 Last Active 6/01/08 First Mortgage
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
One half interest in the real property known as and located at 142 McClain - Street Mount Kisco, New York 10549. Value $ Unknown 453,702.00 Unknown
Value $ 0 _____ continuation sheets attached Subtotal (Total of this page) Total (Report on Summary of Schedules)
Software Copyright (c) 1996-2013 - Best Case, LLC - www.bestcase.com
453,702.00 453,702.00
0.00 0.00
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B6E (Official Form 6E) (4/13)
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Filed 07/29/13
Main Document
} n b s k e 1 c { u S r h d P l i o E t y C a m H g U
In re
Earl Simmons
, Debtor
Case No.
TYPES OF PRIORITY CLAIMS (Check the appropriate box(es) below if claims in that category are listed on the attached sheets) Domestic support obligations
Claims for domestic support that are owed to or recoverable by a spouse, former spouse, or child of the debtor, or the parent, legal guardian, or responsible relative of such a child, or a governmental unit to whom such a domestic support claim has been assigned to the extent provided in 11 U.S.C. 507(a)(1).
Deposits by individuals
Claims of individuals up to $2,775* for deposits for the purchase, lease, or rental of property or services for personal, family, or household use, that were not delivered or provided. 11 U.S.C. 507(a)(7).
* Amount subject to adjustment on 4/01/16, and every three years thereafter with respect to cases commenced on or after the date of adjustment.
1
Software Copyright (c) 1996-2013 - Best Case, LLC - www.bestcase.com
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B6E (Official Form 6E) (4/13) - Cont.
Doc 1
Filed 07/29/13
Main Document
In re
Earl Simmons
, Debtor
Case No.
AMOUNT OF CLAIM
Opened 7/13/05 Last Active 6/03/13 Family Support 0.00 84,410.00 84,410.00
Account No.
Account No.
Account No.
1 1 Sheet _____ of _____ continuation sheets attached to Schedule of Creditors Holding Unsecured Priority Claims
Subtotal (Total of this page) Total (Report on Summary of Schedules) 1,330,169.00 1,330,169.00
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B6F (Official Form 6F) (12/07)
Doc 1
Filed 07/29/13
Main Document
} n b s k e 1 c { u S r h d N o l p F i C t y a m H g U
In re
Earl Simmons
, Debtor
Case No.
CREDITOR'S NAME, MAILING ADDRESS INCLUDING ZIP CODE, AND ACCOUNT NUMBER (See instructions above.) Account No. xxxx3875 American Honda Finance 600 Kelly Way Holyoke, MA 01040
C O D E B T O R
DATE CLAIM WAS INCURRED AND CONSIDERATION FOR CLAIM. IF CLAIM IS SUBJECT TO SETOFF, SO STATE. Opened 10/22/04 Last Active 10/03/06 Auto Lease
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
AMOUNT OF CLAIM
21,415.00 Account No. Amusing Diversions, Inc. c/o Daniel A. Eigerman 260 Madison Avenue, 16th Floor New York, NY 10016 Account No. Brian Niemitalo and Jessica Fowler Niemitalo 1375 Lyman Road Inman, SC 29349 Account No. xxx3524 Bureau Of Med Econcs 326 E Coronado Rd Phoenix, AZ 85004 Judgment Arising Out of Commercial Claim
X X X
440.00 _____ 5 continuation sheets attached Subtotal (Total of this page) 222,445.61
S/N:30330-130718
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B6F (Official Form 6F) (12/07) - Cont.
Doc 1
Filed 07/29/13
Main Document
In re
Earl Simmons
, Debtor
Case No.
CREDITOR'S NAME, MAILING ADDRESS INCLUDING ZIP CODE, AND ACCOUNT NUMBER (See instructions above.) Account No. xxxx6645 Escallate LLC 5200 Stoneham Rd North Canton, OH 44720
C O D E B T O R
DATE CLAIM WAS INCURRED AND CONSIDERATION FOR CLAIM. IF CLAIM IS SUBJECT TO SETOFF, SO STATE. Opened 5/04/12 Orginal Creditor Emp Of Gaston County Pllc.
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
AMOUNT OF CLAIM
455.00 Account No. xx4687 First Fed Credit & Col 5821 Hollywood Blvd Ste Hollywood, FL 33021 Opened 8/11/09 Original Creditor Biscayne Echo Associates Inc. -
300.00 Account No. xx4686 First Fed Credit & Col 5821 Hollywood Blvd Ste Hollywood, FL 33021 Opened 8/11/09 Original Creditor Biscayne Echo Associates Inc. -
275.00 Account No. xx4685 First Fed Credit & Col 5821 Hollywood Blvd Ste Hollywood, FL 33021 Opened 8/11/09 Original Creditor Biscayne Echo Associates Inc -
225.00 Account No. xx6613 First Fed Credit & Col 5821 Hollywood Blvd Ste Hollywood, FL 33021 Opened 5/06/09 Original Creditor Biscayne EKG Associates -
75.00 Sheet no. _____ of _____ sheets attached to Schedule of 1 5 Creditors Holding Unsecured Nonpriority Claims Subtotal (Total of this page) 1,330.00
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B6F (Official Form 6F) (12/07) - Cont.
Doc 1
Filed 07/29/13
Main Document
In re
Earl Simmons
, Debtor
Case No.
CREDITOR'S NAME, MAILING ADDRESS INCLUDING ZIP CODE, AND ACCOUNT NUMBER (See instructions above.) Account No. xx6612 First Fed Credit & Col 5821 Hollywood Blvd Ste Hollywood, FL 33021
C O D E B T O R
DATE CLAIM WAS INCURRED AND CONSIDERATION FOR CLAIM. IF CLAIM IS SUBJECT TO SETOFF, SO STATE. Opened 5/06/09 Collection Biscayne EKG Associates
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
AMOUNT OF CLAIM
75.00 Account No. xx6614 First Fed Credit & Col 5821 Hollywood Blvd Ste Hollywood, FL 33021 Opened 5/06/09 Original Creditor Biscayne EKG Associates -
75.00 Account No. xxx9029 Gulf Coast Collection 5630 Marquesas Cir Sarasota, FL 34233 Opened 5/05/09 Original Creditor United Radiology-Aventura -
717.00 Account No. xx6346 Healthcare Coll Inc 2432 W Peoria Ave Ste 4Phoenix, AZ 85029 Opened 10/05/11 Original Creditor Banner Ironwood -
157.00 Account No. Heavy Rotation LLC 64 Fulton Street Suite 1100 New York, NY 10038 Alleged Breach of Contract
X X X
Unknown Sheet no. _____ of _____ sheets attached to Schedule of 2 5 Creditors Holding Unsecured Nonpriority Claims Subtotal (Total of this page) 1,024.00
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B6F (Official Form 6F) (12/07) - Cont.
Doc 1
Filed 07/29/13
Main Document
In re
Earl Simmons
, Debtor
Case No.
CREDITOR'S NAME, MAILING ADDRESS INCLUDING ZIP CODE, AND ACCOUNT NUMBER (See instructions above.) Account No. xxxxxxxxxxxxxxxxx9165 Integral Recoveries Inc 750 W Hampden Ave Ste 50 Englewood, CO 80110
C O D E B T O R
DATE CLAIM WAS INCURRED AND CONSIDERATION FOR CLAIM. IF CLAIM IS SUBJECT TO SETOFF, SO STATE. Opened 8/08/11 Medical Charges
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
AMOUNT OF CLAIM
2,663.00 Account No. Internal Revenue Service P.O. Box 7346 Philadelphia, PA 19101-7346 Income Taxes
X X X
Unknown Account No. Irina Priporina 16 Sunningdale Circle Englishtown, NJ 07726 Judgment
90,000.00 Account No. xxxxxxxx5295 LDC Collect P.O. Box 52110 Phoenix, AZ 85072 Opened 5/01/08 Last Active 4/01/10 Original Creditor Scottsdale Muni -
747.00 Account No. NYS Dept of Tax & Finance Bankruptcy Unit PO Box 5300 Albany, NY 12227-0001 Income Taxes
X X X
Unknown Sheet no. _____ of _____ sheets attached to Schedule of 3 5 Creditors Holding Unsecured Nonpriority Claims Subtotal (Total of this page) 93,410.00
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B6F (Official Form 6F) (12/07) - Cont.
Doc 1
Filed 07/29/13
Main Document
In re
Earl Simmons
, Debtor
Case No.
CREDITOR'S NAME, MAILING ADDRESS INCLUDING ZIP CODE, AND ACCOUNT NUMBER (See instructions above.) Account No. Olga Priporina 124 Clifford Street Hamden, CT 06517
C O D E B T O R
DATE CLAIM WAS INCURRED AND CONSIDERATION FOR CLAIM. IF CLAIM IS SUBJECT TO SETOFF, SO STATE. Judgment
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
AMOUNT OF CLAIM
62,601.98 Account No. xxxx5831 Pentagroup Financial 5959 Corporate Dr Ste 14 Houston, TX 77036 Opened 3/03/09 Original creditor ADT -
195.00 Account No. xxxx5832 Pentagroup Financial 5959 Corporate Dr Ste 14 Houston, TX 77036 Opened 3/03/09 Original Creditor ADT -
195.00 Account No. xxxx5834 Pentagroup Financial 5959 Corporate Dr Ste 14 Houston, TX 77036 Opened 3/03/09 Original Creditor ADT -
195.00 Account No. xxxx5833 Pentagroup Financial 5959 Corporate Dr Ste 14 Houston, TX 77036 Opened 3/03/09 Original Creditor ADT -
193.00 Sheet no. _____ of _____ sheets attached to Schedule of 4 5 Creditors Holding Unsecured Nonpriority Claims Subtotal (Total of this page) 63,379.98
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B6F (Official Form 6F) (12/07) - Cont.
Doc 1
Filed 07/29/13
Main Document
In re
Earl Simmons
, Debtor
Case No.
CREDITOR'S NAME, MAILING ADDRESS INCLUDING ZIP CODE, AND ACCOUNT NUMBER (See instructions above.) Account No. xxxxxxxxxxxx1244 Portfolio Recvry&Affil 120 Corporate Blvd Ste 1 Norfolk, VA 23502
C O D E B T O R
DATE CLAIM WAS INCURRED AND CONSIDERATION FOR CLAIM. IF CLAIM IS SUBJECT TO SETOFF, SO STATE. Opened 8/20/09 Original Creditor Citibank South Dakota N.A.
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
AMOUNT OF CLAIM
4,207.00 Account No. xxS0B9 Rec Mgt Grp 2901 University Av #29 Columbus, GA 31907 Opened 10/01/12 Last Active 3/01/13 Medical Services -
260.00 Account No. Sergey Priporin 124 Clifford Street Hamden, CT 06517 Judgment
Account No.
Sheet no. _____ of _____ sheets attached to Schedule of 5 5 Creditors Holding Unsecured Nonpriority Claims
97,675.78
479,265.37
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B6G (Official Form 6G) (12/07)
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Filed 07/29/13
Main Document
In re
Earl Simmons
Her Majesty's Records Inc. 333 Seymour Street, 10th Floor Vancouver, British Columbia B60 5A6, Canada Universal Music Corp. 2440 Spulveda Blvd., Suite 100 Los Angeles, California 900064-1712
Alleged Administrative Agreement, but Earl Simmons disputes having ever signed it.
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B 201A (Form 201A) (11/12)
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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE
In accordance with 342(b) of the Bankruptcy Code, this notice to individuals with primarily consumer debts: (1) Describes briefly the services available from credit counseling services; (2) Describes briefly the purposes, benefits and costs of the four types of bankruptcy proceedings you may commence; and (3) Informs you about bankruptcy crimes and notifies you that the Attorney General may examine all information you supply in connection with a bankruptcy case. You are cautioned that bankruptcy law is complicated and not easily described. Thus, you may wish to seek the advice of an attorney to learn of your rights and responsibilities should you decide to file a petition. Court employees cannot give you legal advice. Notices from the bankruptcy court are sent to the mailing address you list on your bankruptcy petition. In order to ensure that you receive information about events concerning your case, Bankruptcy Rule 4002 requires that you notify the court of any changes in your address. If you are filing a joint case (a single bankruptcy case for two individuals married to each other), and each spouse lists the same mailing address on the bankruptcy petition, you and your spouse will generally receive a single copy of each notice mailed from the bankruptcy court in a jointly-addressed envelope, unless you file a statement with the court requesting that each spouse receive a separate copy of all notices.
2. The Four Chapters of the Bankruptcy Code Available to Individual Consumer Debtors Chapter 7: Liquidation ($245 filing fee, $46 administrative fee, $15 trustee surcharge: Total Fee $306)
Chapter 7 is designed for debtors in financial difficulty who do not have the ability to pay their existing debts. Debtors whose debts are primarily consumer debts are subject to a "means test" designed to determine whether the case should be permitted to proceed under chapter 7. If your income is greater than the median income for your state of residence and family size, in some cases, the United States trustee (or bankruptcy administrator), the trustee, or creditors have the right to file a motion requesting that the court dismiss your case under 707(b) of the Code. It is up to the court to decide whether the case should be dismissed. Under chapter 7, you may claim certain of your property as exempt under governing law. A trustee may have the right to take possession of and sell the remaining property that is not exempt and use the sale proceeds to pay your creditors. The purpose of filing a chapter 7 case is to obtain a discharge of your existing debts. If, however, you are found to have committed certain kinds of improper conduct described in the Bankruptcy Code, the court may deny your discharge and, if it does, the purpose for which you filed the bankruptcy petition will be defeated. Even if you receive a general discharge, some particular debts are not discharged under the law. Therefore, you may still be responsible for most taxes and student loans; debts incurred to pay nondischargeable taxes; domestic support and property settlement obligations; most fines, penalties, forfeitures, and criminal restitution obligations; certain debts which are not properly listed in your bankruptcy papers; and debts for death or personal injury caused by operating a motor vehicle, vessel, or aircraft while intoxicated from alcohol or drugs. Also, if a creditor can prove that a debt arose from fraud, breach of fiduciary duty, or theft, or from a willful and malicious injury, the bankruptcy court may determine that the debt is not discharged.
Chapter 13: Repayment of All or Part of the Debts of an Individual with Regular Income ($235 filing fee, $46 administrative fee: Total fee $281)
Chapter 13 is designed for individuals with regular income who would like to pay all or part of their debts in installments over
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a period of time. You are only eligible for chapter 13 if your debts do not exceed certain dollar amounts set forth in the Bankruptcy Code. Under chapter 13, you must file with the court a plan to repay your creditors all or part of the money that you owe them, using your future earnings. The period allowed by the court to repay your debts may be three years or five years, depending upon your income and other factors. The court must approve your plan before it can take effect. After completing the payments under your plan, your debts are generally discharged except for domestic support obligations; most student loans; certain taxes; most criminal fines and restitution obligations; certain debts which are not properly listed in your bankruptcy papers; certain debts for acts that caused death or personal injury; and certain long term secured obligations.
Chapter 11: Reorganization ($1,167 filing fee, $46 administrative fee: Total fee $1,213)
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, $46 administrative fee: Total fee $246)
Chapter 12 is designed to permit family farmers and fishermen to repay their debts over a period of time from future earnings and is similar to chapter 13. The eligibility requirements are restrictive, limiting its use to those whose income arises primarily from a family-owned farm or commercial fishing operation.
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X /s/ Earl Simmons Signature of Debtor X Signature of Joint Debtor (if any)
Date Date
Instructions: Attach a copy of Form B 201 A, Notice to Consumer Debtor(s) Under 342(b) of the Bankruptcy Code. Use this form to certify that the debtor has received the notice required by 11 U.S.C. 342(b) only if the certification has NOT been made on the Voluntary Petition, Official Form B1. Exhibit B on page 2 of Form B1 contains a certification by the debtor's attorney that the attorney has given the notice to the debtor. The Declarations made by debtors and bankruptcy petition preparers on page 3 of Form B1 also include this certification.
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The above-named Debtor hereby verifies that the attached list of creditors is true and correct to the best of his/her knowledge.
Signature of Debtor
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} b k 1 { C r e d i t o A s M a x
AMERICAN HONDA FINANCE 600 KELLY WAY HOLYOKE, MA 01040 AMUSING DIVERSIONS, INC. C/O DANIEL A. EIGERMAN 260 MADISON AVENUE, 16TH FLOOR NEW YORK, NY 10016 BRIAN NIEMITALO AND JESSICA FOWLER NIEMITALO 1375 LYMAN ROAD INMAN, SC 29349 BUREAU OF MED ECONCS 326 E CORONADO RD PHOENIX, AZ 85004 CHILD SUPPORT ENFORCEM PO BOX 14 ALBANY, NY 12201 CHRISTOPHER PAVLIK, ESQ. FEIN, SUCH & CRANE LLP 747 CHESTNUT RIDGE RD. STE. 200 SPRING VALLEY, NY 10977 COMPASS BANK C/O CHRIS PAVLIK, FEIN SUCH & CRANE LLP 747 CHESTNUT RIDGE ROAD SPRING VALLEY, NY 10977 ESCALLATE LLC 5200 STONEHAM RD NORTH CANTON, OH 44720 FIRST FED CREDIT & COL 5821 HOLLYWOOD BLVD STE HOLLYWOOD, FL 33021 GARY ADELMAN, ESQ. MEISTER SEELIG & FEIN 140 EAST 45TH ST., 19TH FLOOR NEW YORK, NY 10017
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GULF COAST COLLECTION 5630 MARQUESAS CIR SARASOTA, FL 34233 HEALTHCARE COLL INC 2432 W PEORIA AVE STE 4PHOENIX, AZ 85029 HEAVY ROTATION LLC 64 FULTON STREET SUITE 1100 NEW YORK, NY 10038 HER MAJESTY'S RECORDS INC. 333 SEYMOUR STREET, 10TH FLOOR VANCOUVER INTEGRAL RECOVERIES INC 750 W HAMPDEN AVE STE 50 ENGLEWOOD, CO 80110 INTERNAL REVENUE SERVICE P.O. BOX 7346 PHILADELPHIA, PA 19101-7346 IRINA PRIPORINA 16 SUNNINGDALE CIRCLE ENGLISHTOWN, NJ 07726 LDC COLLECT P.O. BOX 52110 PHOENIX, AZ 85072 MATTHEW T. GAMMONS, ESQ. ROSENBAUM & ROSENBAUM, P.C. 110 WALL STREET, 21ST FLOOR NEW YORK, NY 10005 NYS DEPT OF TAX & FINANCE BANKRUPTCY UNIT PO BOX 5300 ALBANY, NY 12227-0001
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OLGA PRIPORINA 124 CLIFFORD STREET HAMDEN, CT 06517 PENTAGROUP FINANCIAL 5959 CORPORATE DR STE 14 HOUSTON, TX 77036 PORTFOLIO RECVRY&AFFIL 120 CORPORATE BLVD STE 1 NORFOLK, VA 23502 REC MGT GRP 2901 UNIVERSITY AV #29 COLUMBUS, GA 31907 SERGEY PRIPORIN 124 CLIFFORD STREET HAMDEN, CT 06517 TASHERA SIMMONS 142 MCCLAIN STREET MOUNT KISCO, NY 10549 WILLIAM D. FORE, ESQ. PO BOX 3852 GREENVILLE, SC 29608