Allan and Donna Butler Bankruptcy Petition
Allan and Donna Butler Bankruptcy Petition
Allan and Donna Butler Bankruptcy Petition
(if indivial,
enter Last,
Firs! Middle):
8 )ears
BUTLER, ALLAN K
AII Other Names used by the Debtor in the last
(include married, maiden, and trade names):
BUTLER, DONNA V
All Other Names used by the Joint Debtor in the last 8 years
(include manied, 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): 8918
Last four digits of Soc. Sec. or Individual-Taxpayer I.D. EIN (if more than one, state all): 8012 Seet Address of Joint Debtor (No.
0TIl9 No./Complete
Steet Address of Debtor (No. & Street City, State & Zip Code):
cooN RAPIDS'
l-apcoo sseg
Anoka
MN
l,,"coDE s5433
County of Residence or of the Principal Place of Buiness:
Anoka
Mailing Address of Debtor (if different from street address)
I zrncooe
Location ofPrincipal Assets ofBusiness Debtor
-> c
I zmcooe
street address above):
(ifdiffuent fiom
I zrpcoog
Type of Debtor (Form ofOrganization)
(Check one box.)
Nature of Business
(Check one box.)
I o
L
Chapter of Bankruptcy Code Under Which the Petition is Filed (Check one box.)
o
E
N N @
I I
o o o
See Exhibit D on page 2 ofthis form. Corporation (includes LLC and LLP) Partnership Other (lf debtor is not me of the above entities, check this box and state type ofentity below.)
! ! ! ! !
l-l
Health Care Business Single AssetReal Estate as defined in I I u.s.c. $ 101(518) Railroad Stockbroker Commodity Broker Cleains Bank
f,Chapter
! ! ! !
7 9 I 12 13
n !
Main Proceeding
Chapter 15 Petition for Remgnition of a Foreign Nonmain Proceeding
MOther
Tax-Exempt Entity (Check box, if applicle.)
s
c;
consumer ffn.Ut.
U.S.C.
u o o
N
!
Filing Fee (Check one box)
$ l0l(8)
as
"incuned byan
Debtor is a tax-exempt organization under Tirle 26 of the United States Code (the Internal Revenue Code). Check one box:
o o
Chapter
ll
Debtors
ffFull
Fee to be paid in installments (Applicable to individuals only). Must attach sigred applicdion for the court's consideration ceftirying that the debtor is unable to pay fee except in installrnents. Rule 100(b). See Official Form
niting
! ! I
Debtor is a small business debtor as defined in I I U.S.C. {i l0l(5 lD). Debtor is not a small business debtor as defined in I I U.S.C. $ l0l (5 I D).
34.
Fee waiver requested (Applicable to chapter 7 individuals only). Must attach signed applicdion for the court's consideration. Se Ofcial Form 3B.
Filing
! !
of
StatisticaVAdministrtive Information f]-Debtorestimates that funds will be available for distribution to uncured creditors.
distribution to unsecured creditors.
flDebtorestimates thal, after any exempt property is excluded md administrativeexpenses paid, tlrere will be no funds available for
n! t-49 50-99
n
200-999
!
r,000s.000
n
5,00110.000
10,00r25.000
n
25,001 -
n 50,001million to $1
s0.000
100.000
Over
100.000
tr $0to
ntr! $0to
to
$50,000 $100,000
Estimated Liabilities $50,001
$100,001 to $s00,001 to $1,000,001 to $10,000,001 $50,000,00r to to $50 million $100 million $s00,000 $l million $10 million
!tr
d!
!tr
tr!! $100,000,001
to $500
to
$s0.000 $r00.000
$100,001 to $500,001 to $1,000,001 to $10,000,001 $50,000,001 to $500.000 $l million $10 million to $50 million $100 million
trn
ntr
to $500
million to $l
billion $l billion
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Case Number:
Case Number:
Pending Bankruptcy Case Filed by any Spouse, Partner or Affiliate of this Debtor (If more than one, attach additional sheet)
Name of Debtor:
Case Number:
Date Filed:
None
District:
Relationship:
Judge:
Exhibit A
(To be completed if debtor is required to file periodic reports (e.g., forms l0K and l0Q) with the Securities and Exchange Commission pursuant to Section 13 or l5(d) of the Securities Exchange Act of 1934 and is requesting relief under chapter I l.)
Exhibit B
(To be completed if debtor is an individual
whose debts are primarily consumer debts.)
!
o
o - c
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 oftitle 11, United States Code, and have explained the relief available under each such chapter. I further certif, that I delivered to the debtor the notice required by $ 342(b) of the Bankruptcy Code.
X
sis't"i.
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E
"inn".;;
i;;bi;d)
Dale
ro
N N @ o o o o
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 ham to public health or safety?
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o o o N o o
N U
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tr
(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 I 80 days than in any other Dishict. 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 ofbusiness or principal assets in the United States in this District, or has no principal place ofbusiness or assets in the United States but is a defendant in an action or proceeding [in a federal or state couft] in this District, or the interests of the pafies will be served in regard to the relief sought in this District.
Property
Landlord has ajudgment against the debtor for possession ofdebtor's residence. (Ifbox checked, complete the following.)
! I !
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 certiflrcation.
(l I U.S.C.
362(l).
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declae under penalty of perjury that the information provided in this petition is true and correct. petitioner is an individual whose debts are primarily consumer debts and has chosen to file under Chapter arn aware that I may proceed under chapter 7,11, 12 or 13 oftitle I l, United State Code, understand the reliefavailable under each such chapter, and choose to proceed under chapter 7. no attorney represents me and no bankuptcy petition preparer signs the petitionl I have obtained and read the notice required by I I U.S.C. $
[f
declare under penalty of perjury that the information provided in this petition is true and correct, that I am the foreign representative ofa debtor in a foreign proceeding, and that I am authorized to file this petition.
(Check only one box.)
7ll
ll,
United
[f
States Code. Certified copies of the documents required by I $ l5l5 are attached.
I U.S.C.
342(b).
States
ll U.S.C. $ l5ll,Irequestrelief inaccordancewiththe chapter oftitle I I specified in this petition. A certified copy ofthe order granting recognition ofthe foreign main proceeding is attached.
Signature of Foreign Representative
X
X
X
ALLAN K BUTLER
Printed
Nmo
of Foreign Representative
(763)
785-960r
(lfnot
DONNA V BUTLER
Telephone Number
rep."."nffi
__ .-*
.. ...
.*
Date
o
o o
E
I
I
/s/ Chad A. Kelsch
Signature ofAttomey for Debtor(s)
l) I am a bankuptcy
petition
cl
@
o o l o @
s
o;
Chad A. Kelsch 0300974 Hellmuth & Johnson, PLLC 10400 Viking Drive, Suite 500 Eden Prairie, MN 55344 (952) 9414005 Fax: (9521941-2337
N U
o o
preparer as defined in I I U.S.C. $ I l0; 2) I prepared this document for compensation and have provided the debtor with a copy of this document U.S.C. 110(b), and the notices and information required under I l0(h) and 3a2);3) if rules or guidelines have been promulgated pursuant to U.S.C. {i ll0(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 fling for a debtor or accepting any fee from the debtor, as required in that section. Offrcial Form 19 is attached.
ll
ll
ry
o
@
ifany, ofBankruptcy
Petition Preparer
October 9.2009
*ln
Date a case in which $ 707(bX4XD) applies, this signatu also constitutes a certification that the attomey h no knowledge after an inquiry that the information in the schedules is inconect.
Social Secuity Number (lfthe bankruptcy petition preparer is not individual, state the Social Secuity nmber ofthe ofcer, principal, responsible person or partner ofthe banlruptcy petition preparer.) (Required by I I U.S.C. $ I 10.) Address
X
Signature of Bankruptcy Petition Preparer or officer, principal, responsible person, or partner whose social security number is provided above.
I declare under penalty of perjury that the information provided in this petition is true and conect, and that I have been authorized to file this
petition on behalfofthe debtor.
ll,
*_
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:
Nme
of Authorized lndividual
A bankruptcy petition preparer's failure to comply with the provisions of title I I and the Federal Rules of Banlo'uptcy Procedure may result infines or imprsonment or both I I U.S.C. f I 10; 18 U.S.C. f 156.
Date
Case 09-46805
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IN RE:
BUTLER. ALLAN K
Debtor(s)
Case No.
Chapter
f.-.*"
Every individual debtor mustfile this Exhibit D. If ajoint petition isfiled, each spouse must complete andfile one of thefive statements below and ttach any documents as directed.
gf
t . Witnin the 1 80 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 opporfunities 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 certificote and a copy of any debt repyment plan developed through the agency.
n 2. Within the 180 days before the filing of my bankruptcy case, I received a briefing from a credit counseling agency approved by o the United States trustee or bankruptcy administrator that outlined the opportunities for available credit counseling and assisted me in o performing a related budget analysis, but I do not have a certificate from the agency describing the seryices provided to me. You mustrtb ; q copy of a certificate from the qgency describing the services provided to you and a copy of any debt repyment plan developed through E the agency no later than I 5 days after your bankruptcy case is filed.
-> c
o u
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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. [Summarize exigent circumstances here.J
s
ci
I = o o o N o o
N U
If your certification is satisfactory to the court, you must still obtain the credit counseling briefing within the first 30 days after you file your bankruptcy petition and promptly file a certificate from the agency that provided the counseling, together with a copy of any debt management plan developed through the agency. Failure to fulfill these requirements may result in dismissal of your case. Any extension of the 30-day deadline can be granted only for cause and is limited to a maximum of 15 days. Your case may also be dismissed if the court is not satisfied with your reasons for filing your bankruptcy case without flrst receiving a credit counseling briefing.
4. I am not required to receive a credit counseling briefing because of: [Check the pplicable statement.] [Must be accompnied by a
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. (Defned in 11 U.S.C. $ 109(hX4) as physically impaired to the extent of being unable, after reasonable effoft, to participate in a credit counseling briefurg in person, by telephone, or through the Internet.); Active military duty in a military combat zone.
n f] I
S. fne United States trustee or bankruptcy administrator has determined that the credit counseling requirement does not apply in this district.
of I I U.S.C. $ 109(h)
I certify under pena of perjury that the information provided above is true and correct.
Date:O,tqer 9, ?Q09
Case 09-46805
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I7
Cnnrrrrcarn Or Couxsnr-rNc
I CERTIFY that on
Allan K Butler
October 8,2009
at
12:59
o'clock AM CDT
received from
District of Minnesota
was not
a copy
of
By
Name
Title
Credit Counselor
x Individuals who wish to file a bankruptcy case under title 1l of the United States Bankruptcy Code are required to file with the United States Bankruptcy Court a completed certificate of counseling from the nonprofit budget and credit counseling agency that provided the individual the counseling services and a copy of the debt repayment plan, if any, developed through the credit counseling agency. See ll U.S.C. $$ 109(h) and 521(b).
Case 09-46805
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IN RE:
BUTLER. DONNA V
Debtor(s)
Case No.
Chapter
Bf
! Z. Wittrin the 180 days before the filing of my bankruptcy case, I received a briefing from a credit counseling agency approved by c o the United States trustee or bankruptcy administrator that outlined the opportunities for available credit counseling and assisted me in o performing a related budget analysis, but I do not have a certificate from the agency describing the services provided to me. You must file o a copy ofa certificatefrom the qgency describing the services provided to you and a copy ofarry debt repayment plan developed through E the agency no later than I 5 days after your bankruptcy case is filed.
o I N
o
@
fl
o o o
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 f,rle my bankruptcy case now. [Summarize exigent circumstances here.J
I
s
ot
I N
u o o o
N
o o
If your certification is satisfactory to the court, you must still obtain the credit counseling briefing within the first 30 days after you file your bankruptcy petition and promptly file a certificate from the agency that provided the counseling, together with a copy of any debt management plan developed through the agency. Failure to fulfill these requirements may result in dismissal of your case. ny extension of the 30-day deadline can be granted only for cause and is limited to a maximum of 15 days. Your case may also be dismissed if the court is not satisfied with your reasons for filing your bankruptcy case without first receiving a credit counseling briefing.
+. t 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.J ! Incapacity. (Defined in t I U.S.C. $ 109(hX4) as impaired by reason of mental illness or mental defciency so as to be incapable of realizing and making rational decisions with respect to financial responsibilities.); I Disability. (Def,rned in ll U.S.C. $ 109(hX4) as physically impaired to the extent of being unable, after reasonable effort, to participate in a credit counseling briefurg in person, by telephone, or through the Intemet.);
! !
S. fne United States trustee or bankruptcy administrator has determined that the credit counseling requirement does not apply in this district.
of I I U.S.C. $ 109(h)
I certi$ under penalty of perjury that the information provided above is true and correct.
*"_ " ,
9,2009
Case 09-46805
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CnnTTnICATE ON COUNSELING
I CERTIFY that on
Donna V Butler October 8,2009
at
11:03
o'clock AM
pT
received from
District of Minnesota
was not
a copy
of
By
Name
Title
CreditCorurselor
* Individuals who wish to file a bankruptcy case under title 11 of the United States Bankruptcy Code are required to file with the United States Bankruptcy Court a completed certificate of
counseling from the nonprofit budget and credit counseling agency that provided the individual the counseling services and a copy of the debt repayment plan, if any, developed through the credit counseling agency. See Il U.S.C. $$ 109(h) and 521(b).
Case 09-46805
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AMERTCAN FINANCE HOUSE LARBA 750 EAST GREEN ST., SUITE 2IO PASADENA, CA 9110]-
CITY-COUNTY FEDERAL CREDIT UNION P.O. BOX 3lll2 TAMPA, FL 3363T-3l.I2 CITY-COUNTY FEDERAL CREDIT UNON 913 EAST FR.ANKL]N AVE. MNNEAPOLIS. MN 55404
COUNTRY WIDE
P.O.
BOX 5170
SEMI VALLEY,
CRYSTAL
CA
93062
c/o
M]NNEAPOLIS,
DAVERN MCLEOD & MOSHER LLP ATTORNEYS AT LAW 7500 oLSON MEMORTAL HW, SUrrE 150 GOLDEN VALLEY, MN 55421-4872 GREEN POINT MORTGAGE
P.O.
F]NANCAL
9OO
Case 09-46805
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KINA WILLIAMS
c/o MENTAL HEALTH RESoURcES, rNC. I82L UNTVERSTTY AVE, SUTTE N-464 sT. PAUL, MN 55104
LARUE RUSSELL c/o DREW P. SCHAFFER, ATTORNEY 2929 FOURTH AVE SOUTH, SU]TE 2OT MTNNEAPOLIS, MN 55408
MENARDS
RAPIDS, MN 55448
MICHAEL RUSSELL C/O DREW P. SCHAFFER, ATTORNEY 2929 FOURTH AVE SOUTH MTNNEAPOLIS, MN 55408
WASHINGTON MUTUAL
Fr\u.E;Main . Z/ Desc
l)stdct of Minnecotn
INRE;
Ca$ N().
HU-I.LEE.AL.LLK.-EU"TLEDA!{{A-V-^.__-..-
uruior[)-----SIGNATIJRE DECI,ARATION
Chapter
7_
E ene.ruME*'
fl peutrow, scHEDUt,Bs sTATBMENTS csnp'rpR t3 pl^AN fl scHnuu'-cs sTATEMENTS ACcoMI'ANyrNG vERJ.FrEr) coNVERsroN
I [Wol, the undersigned debtor(s) or aut]rorized represeiltativc E of ths debto t, molee theloltowng dclsattons under penally o of pegaryt
e
{
al.
'
The informationl havo given nry attotneyand providecl jn fhe elechonicarryfited petition, statoments, schedules,
a.s
hricat.e ounve, is
tru.
qt
rJ .J
*o
correct;
'
Thc infonnation provided in thc "Debtor Informatiott Pagcs" submitted a part of the lctronic commp'ccrnerf of the nbove-ref'ercnced ose is truc nd cofrect;
I
+
d
N
E
st
'
[indivldual debtors onlyl If no social security Numbcr is inch<led in the "r)ebtor Infbrmation pages,,subnittcd pfft of the elcctroniccomrnenementof the nbovc-refercnced
"*u,
as a
sociat se+uriryNumhcr;
'IconscnttomyattorneyelcctlolicallyfilingwithtJnitedstatssBankruptcycourtmypetition.rtatemntsa'schedules,
amendmcnts, and/oI chapter l3 plan, as inicated abo_ve, Togthc with a scanned irrrage of this signature rleclnretion anrl the completed "I)ebtor rnformation pages," ifrppricable*; anrr
fi
0
'
[corporatc and partuerchip debtora only] I hsvr:ben authorizal to filc this petition onbohalfof
the dcbtor.
[)* J-ffir*r'^=v-.
Sigrature of Joint Debtor ALLAN K BUTLR
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