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B1 (Official Form 1) (4/10) Case:11-06672-jdg

Doc #:1

Filed: 06/17/11

Page 1 of 50

 

 

 

 

 

 

United States Bankruptcy Court

 

 

 

 

 

 

Voluntary Petition

 

 

 

Western District of Michigan

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Name of Debtor (if individual, enter Last, First, Middle):

 

 

 

 

 

Name of Joint Debtor (Spouse) (Last, First, Middle):

 

 

 

 

Rosendall, Jr., James, R.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

All Other Names used by the Debtor in the last 8 years

 

 

 

 

 

All Other Names used by the Joint Debtor in the last 8 years

 

 

 

(include married, maiden, and trade names):

 

 

 

 

 

(include married, maiden, and trade names):

 

 

 

 

 

 

 

 

 

 

 

 

 

Last four digits of Soc. Sec. or Individual-Taxpayer I.D. (ITIN)/Complete EIN(if more

 

Last four digits of Soc. Sec. or Individual-Taxpayer I.D. (ITIN)/Complete EIN(if more

 

than one, state all):

5055

 

 

 

 

 

 

 

than one, state all):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Street Address of Debtor (No. & Street, City, and State):

 

 

 

 

 

Street Address of Joint Debtor (No. & Street, City, and State):

 

 

 

3050 Ridge Port Drive, N.W.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Grand Rapids, MI

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ZIP CODE

49544

 

 

 

 

 

 

 

 

 

ZIP CODE

 

County of Residence or of the Principal Place of Business:

 

 

 

 

 

County of Residence or of the Principal Place of Business:

 

 

 

KENT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mailing Address of Debtor (if different from street address):

 

 

 

Mailing Address of Joint Debtor (if different from street address):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ZIP CODE

 

 

 

 

 

 

 

 

 

 

ZIP CODE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Location of Principal Assets of Business Debtor (if

different from street address above):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ZIP CODE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Type of Debtor

 

 

 

 

Nature of Business

 

 

 

 

Chapter of Bankruptcy

Code Under Which

 

 

 

(Form of Organization)

 

(Check one box)

 

 

 

 

 

 

the Petition is Filed (Check one box)

 

 

 

(Check one box.)

 

Health Care Business

 

 

 



Chapter 7

Chapter 15 Petition for

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Single Asset Real Estate as defined in

 



Individual (includes Joint Debtors)

 

Chapter 9

 

Recognition of a Foreign

 

 

11 U.S.C. § 101(51B)

 

 

 

 

 

 

See Exhibit D on page 2 of this form.

 

 

 

 

 

 

 

Chapter 11

 

Main Proceeding

 

Corporation (includes LLC and LLP)

 

Railroad

 

 

 

Chapter 15 Petition for

 

Partnership

 

 

 

Stockbroker

 

 

 

Chapter 12

 

 

 

 

 

 

 

 

Recognition of a Foreign

 

Other (If debtor is not one of the above entities,

 

Commodity Broker

 

 

 

Chapter 13

 

Nonmain Proceeding

 

 

Clearing Bank

 

 

 

 

 

 

check this box and state type of entity below.)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Nature of Debts

 

 

 

 

_____________________

 

 



Other

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Check one box)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Debts are primarily consumer



Debts are primarily

 

 

 

 

 

 

 

 

 

Tax-Exempt Entity

 

 

 

 

 

 

 

 

 

 

(Check box, if applicable)

 

 

 

debts, defined in 11 U.S.C.

 

 

business debts.

 

 

 

 

 

 

Debtor is a tax-exempt organization

 

§ 101(8) as “incurred by an

 

 

 

 

 

 

 

 

 

 

 

individual primarily for a

 

 

 

 

 

 

 

 

 

 

 

 

under Title 26 of the United States

 

personal, family, or house-

 

 

 

 

 

 

 

 

 

 

 

 

Code (the Internal Revenue Code.)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

hold purpose.”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Filing Fee (Check one box)

 

 

 

 

 

Check one box:

 

 

Chapter 11 Debtors

 

 

 

 Full Filing Fee attached

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Debtor is a small business debtor as defined in 11 U.S.C. § 101(51D).

 

 

 

 

 

 

 

 

 

 

 

 

Filing Fee to be paid in installments (applicable to individuals only). Must attach

Debtor is not a small business debtor as defined in 11 U.S.C. § 101(51D).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

signed application for the court's consideration certifying that the debtor is

Check if:

 

 

 

 

 

 

 

 

 

 

unable to pay fee except in installments. Rule 1006(b) See Official Form 3A.

Debtor's aggregate noncontingent liquidated debts (excluding debts owed to

 

 

 

 

 

 

 

 

 

 

 

 

Filing Fee waiver requested (applicable to chapter 7 individuals only). Must

 

insiders or affiliates) are less than $2,343,300 ( amount subject to adjustment on

 

 

4/01/13 and every three years thereafter ).

 

 

 

 

 

 

attach signed application for the court's consideration. See Official Form 3B.

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).

 

 

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

 

 

 

 



 

 

 

 

1-

50-

100-

200-

1,000-

5,001-

10,001-

25,001-

50,001-

Over

 

49

99

199

999

5,000

10,000

25,000

 

50,000

100,000

100,000

 

Estimated Assets

 



 

 

 

 

 

 

 

 

 

 

 

 

 

 

$0 to

$50,001 to

$100,001 to

$500,001 to

$1,000,001

$10,000,001

$50,000,001

$100,000,001

$500,000,001

More than

$50,000

$100,000

$500,000

$1

 

to $10

 

to $50

 

to $100

to $500

to $1 billion

$1 billion

Estimated Liabilities

 

million

 

million

 

million

million

million

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



 

 

 

$0 to

$50,001 to

$100,001 to

$500,001 to

$1,000,001

$10,000,001

$50,000,001

$100,000,001

$500,000,001

More than

$50,000

$100,000

$500,000

$1

 

to $10

 

to $50

 

to $100

to $500

to $1 billion

$1 billion

 

 

 

million

 

million

 

million

million

million

 

 

THIS SPACE IS FOR COURT USE ONLY

B1 (Official Form 1) (4/10) Case:11-06672-jdg Doc #:1 Filed: 06/17/11 Page 2 of 50

FORM B1, Page 2

Voluntary Petition

Name of Debtor(s):

 

 

 

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

James R. Rosendall, Jr.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

All Prior Bankruptcy Cases Filed Within Last 8 Years (If more than two, attach additional sheet.)

 

 

 

 

 

 

 

 

 

 

Location

NONE

Case Number:

Date Filed:

Where Filed:

 

 

 

 

 

Location

 

Case Number:

Date Filed:

Where 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:

 

 

 

 

 

 

 

 

 

 

Exhibit A

 

Exhibit B

 

 

 

(To be completed if debtor is required to file periodic reports (e.g., forms 10K and

 

(To be completed if debtor is an individual

10Q) with the Securities and Exchange Commission pursuant to Section 13 or 15(d)

 

whose debts are primarily consumer debts)

of the Securities Exchange Act of 1934 and is requesting relief under chapter 11.)

I, the attorney for the petitioner named in the foregoing petition, declare that I

 

 

 

have informed the petitioner that [he or she] may proceed under chapter 7, 11,

 

 

 

12, or 13 of title 11, United States Code, and have explained the relief

 

 

 

available under each such chapter. I further certify that I have delivered to the

 

 

 

debtor the notice required by 11 U.S.C. § 342(b).

 

 

 

Exhibit A is attached and made a part of this petition.

X Not Applicable

 

 

 

 

 

 

 

Signature of Attorney for Debtor(s)

Date

 

 

 

 

 

 

 

 

 

 

 

 

Exhibit C

 

 

 

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

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

 

 

 

 

 



No

 

 

 

 

 

 

 

 

Exhibit D

 

 

 

(To be completed by every individual debtor. If a joint petition is filed, each spouse must complete and attach a separate Exhibit D.)

 

 

 

Exhibit D completed and signed by the debtor is attached and made a part of this petition.

 

 

 

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 in this petition the deposit with the court of any rent that would become due during the 30-day period after the filing of the petition.

Debtor certifies that he/she has served the Landlord with this certification. (11 U.S.C. § 362(l)).

B1 (Official Form 1) (4/10) Case:11-06672-jdg Doc #:1 Filed: 06/17/11 Page 3 of 50

FORM B1, Page 3

Voluntary Petition

Name of Debtor(s):

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

James R. Rosendall, Jr.

 

Signatures

 

Signature(s) of Debtor(s) (Individual/Joint)

 

Signature of a Foreign Representative

I declare under penalty of perjury that the information provided in this petition is true

I declare under penalty of perjury that the information provided in this petition is true

and correct.

and correct, that I am the foreign representative of a debtor in a foreign proceeding,

[If petitioner is an individual whose debts are primarily consumer debts and has

and that I am authorized to file this petition.

chosen to file under chapter 7] I am aware that I may proceed under chapter 7, 11, 12

(Check only one box.)

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 chapter 15 of Title 11, United States Code.

[If no attorney represents me and no bankruptcy petition preparer signs the petition] I

 

Certified Copies of the documents required by § 1515 of title 11 are attached.

have obtained and read the notice required by 11 U.S.C. § 342(b).

 

 

Pursuant to 11 U.S.C. § 1511, I request relief in accordance with the

I request relief in accordance with the chapter of title 11, United States Code, specified

 

Chapter of title 11 specified in the petition. A certified copy of the

in this petition.

 

order granting recognition of the foreign main proceeding is attached.

X /s/ James R. Rosendall, Jr.

X Not Applicable

 

Signature of Debtor James R. Rosendall, Jr.

 

 

(Signature of Foreign Representative)

 

X Not Applicable

 

 

 

 

 

 

 

 

 

 

Signature of Joint Debtor

 

(Printed Name of Foreign Representative)

Telephone Number (If not represented by attorney)

6/17/2011

 

 

 

 

 

 

Date

 

 

 

 

 

Date

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Signature of Attorney

 

Signature of Non-Attorney Petition Preparer

X /s/Michael M. Malinowski

 

 

 

 

 

I declare under penalty of perjury that: (1) I am a bankruptcy petition preparer as defined

 

 

Signature of Attorney for Debtor(s)

 

 

 

 

 

 

 

 

 

 

 

 

in 11 U.S.C. § 110; (2) I prepared this document for compensation and have provided

 

 

 

 

 

 

 

 

 

 

 

 

Michael M. Malinowski Bar No. P38400

the debtor with a copy of this document and the notices and information required under

 

 

 

 

 

 

 

 

 

 

11 U.S.C. §§ 110(b), 110(h), and 342(b); and, (3) if rules or guidelines have been

 

 

Printed Name of Attorney for Debtor(s) / Bar No.

promulgated pursuant to 11 U.S.C. § 110(h) setting a maximum fee for services

 

 

 

 

 

 

 

 

 

 

chargeable by bankruptcy petition preparers, I have given the debtor notice of the

 

 

Michael M. Malinowski PLC

 

 

 

 

 

maximum amount before preparing any document for filing for a debtor or accepting any

 

 

Firm Name

 

 

 

 

 

fee from the debtor, as required in that section. Official Form 19 is attached.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

740 Alger Street, S.E. Grand Rapids, MI 49507

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Not Applicable

 

 

Address

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Printed Name and title, if any, of Bankruptcy Petition Preparer

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

616-475-4994

616-475-5313

 

 

 

 

 

 

 

 

 

 

 

 

Social-Security number (If the bankruptcy petition preparer is not an individual,

 

 

Telephone Number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

state the Social-Security number of the officer, principal, responsible person or

 

 

 

 

 

 

 

 

 

 

 

6/17/2011

 

 

 

 

 

 

partner of the bankruptcy petition preparer.) (Required by 11 U.S.C. § 110.)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Date

 

 

 

 

 

 

 

 

 

 

 

 

*In a case in which § 707(b)(4)(D) applies, this signature also constitutes a

 

Address

 

 

certification that the attorney has no knowledge after an inquiry that the

 

 

 

 

 

 

 

 

 

 

information in the schedules is incorrect.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

X Not Applicable

 

 

 

 

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

 

Date

debtor.

 

 

 

 

 

 

Signature of bankruptcy petition preparer or officer, principal, responsible person, or

 

 

 

 

 

 

 

 

 

 

 

The debtor requests the relief in accordance with the chapter of title 11, United States

 

partner whose Social-Security number is provided above.

 

 

 

 

 

Code, specified in this petition.

 

 

 

 

 

 

Names and Social-Security numbers of all other individuals who prepared or

X

Not Applicable

 

 

 

 

 

 

assisted in preparing this document unless the bankruptcy petition preparer is not an

 

 

 

 

 

 

individual.

 

Signature of Authorized Individual

 

 

 

 

 

 

If more than one person prepared this document, attach to the appropriate official

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

form for each person.

 

 

 

 

 

 

 

 

 

 

 

Printed Name of Authorized Individual

 

 

 

 

 

 

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.

 

Title of Authorized Individual

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Date

 

 

 

 

 

 

 

 

 

 

Case:11-06672-jdg Doc #:1 Filed: 06/17/11 Page 4 of 50

B6A (Official Form 6A) (12/07)

In re: James R. Rosendall, Jr.

 

 

,

 

 

Case No.

 

 

 

 

 

 

 

 

 

 

 

(If known)

 

 

 

Debtor

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SCHEDULE A - REAL PROPERTY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HUSBAND, WIFE, JOINT OR COMMUNITY

 

CURRENT VALUE

 

 

 

 

 

 

 

 

OF DEBTOR'S

 

 

 

DESCRIPTION AND

 

 

 

 

INTEREST IN

AMOUNT OF

 

 

NATURE OF DEBTOR'S

 

PROPERTY, WITHOUT

 

LOCATION OF

 

 

DEDUCTING ANY

SECURED

 

 

INTEREST IN PROPERTY

 

 

PROPERTY

 

 

SECURED CLAIM

CLAIM

 

 

 

 

 

 

OR EXEMPTION

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

RESIDENCE AT 3050 RIDGE PORT

 

Co-Owner

J

 

$ 600,000.00

$ 992,298.00

DRIVE, NW, GRAND RAPIDS MI 49544,

 

 

 

 

 

 

 

PPN 41-09-33-125-018

 

 

 

 

 

 

 

 

 

 

 

 

 

Total

 

 

$ 600,000.00

 

 

 

 

 

 

 

 

 

(Report also on Summary of Schedules.)

 

 

 

Case:11-06672-jdg Doc #:1

Filed: 06/17/11

Page 5 of 50

B6B (Official Form 6B) (12/07)

 

 

 

 

In re James R. Rosendall, Jr.

,

Case No.

 

(If known)

 

Debtor

 

 

 

 

 

 

 

 

SCHEDULE B - PERSONAL PROPERTY

 

 

 

 

HUSBAND, WIFE, JOINT OR COMMUNITY

CURRENT VALUE OF

 

 

 

 

DEBTOR'S INTEREST

 

 

NONE

 

IN PROPERTY, WITH-

 

TYPE OF PROPERTY

DESCRIPTION AND LOCATION

OUT DEDUCTING ANY

 

OF PROPERTY

SECURED CLAIM

 

 

 

OR EXEMPTION

 

 

 

 

 

 

 

 

 

1. Cash on hand

 

CASH

 

10.00

2.

Checking, savings or other financial

X

 

 

 

 

accounts, certificates of deposit, or

 

 

 

 

 

shares in banks, savings and loan, thrift,

 

 

 

 

 

building and loan, and homestead

 

 

 

 

 

associations, or credit unions, brokerage

 

 

 

 

 

houses, or cooperatives.

 

 

 

 

3.

Security deposits with public utilities,

X

 

 

 

 

telephone companies, landlords, and

 

 

 

 

 

others.

 

 

 

 

4.

Household goods and furnishings,

 

STANDARD GOODS AND FURNISHINGS IN HOME

J

20,000.00

 

including audio, video, and computer

 

 

 

 

 

equipment.

 

 

 

 

5.

Books, pictures and other art objects,

X

 

 

 

 

antiques, stamp, coin, record, tape,

 

 

 

 

 

compact disc, and other collections or

 

 

 

 

 

collectibles.

 

 

 

 

6.

Wearing apparel.

 

CLOTHING

 

200.00

7.

Furs and jewelry.

 

WEDDING RING

 

200.00

8.

Firearms and sports, photographic, and

 

GOLF CART ($200), OLD TREADMILL ($50),

J

3,575.00

 

other hobby equipment.

 

ELLIPTICAL EXERCISE MACHINE ($100), CAMERA

 

 

 

 

 

 

 

 

 

 

($50), BIKE ($50), RIDING LAWN MOWER ($3,000),

 

 

 

 

 

GOLF CLUBS ($100), FISHING POLES ($25): HIS

 

 

 

 

 

HALF EXEMPTED

 

 

9.

Interests in insurance policies. Name

X

 

 

 

 

insurance company of each policy and

 

 

 

 

 

itemize surrender or refund value of

 

 

 

 

 

each.

 

 

 

 

10.

Annuities. Itemize and name each

X

 

 

 

 

issuer.

 

 

 

 

11.

Interests in an education IRA as defined

X

 

 

 

 

in 26 U.S.C. § 530(b)(1) or under a

 

 

 

 

 

qualified State tuition plan as defined in

 

 

 

 

 

26 U.S.C. § 529(b)(1). Give particulars.

 

 

 

 

 

(File separately the record(s) of any such

 

 

 

 

 

interest(s). 11 U.S.C. § 521(c).)

 

 

 

 

12.

Interests in IRA, ERISA, Keogh, or other

 

 

 

0.00

 

pension or profit sharing plans. Give

 

 

 

 

 

particulars.

 

 

 

 

 

Interests in IRA, ERISA, Keogh, or other

 

EDWARD JONES IRA, 11/26/10 STATEMENT

 

3,879.00

 

pension or profit sharing plans. Give

 

 

 

 

 

particulars.

 

 

 

 

13.

Stock and interests in incorporated and

 

100% OF ALLIANCE LEASING & RENTAL INC; NO

 

100.00

 

unincorporated businesses. Itemize.

 

ASSETS OR ACTIVITY

 

 

 

 

 

 

 

 

Stock and interests in incorporated and

 

100% OF ROSENDALL HOLDINGS LLC; NO ASSETS

 

100.00

 

unincorporated businesses. Itemize.

 

OR ACTIVITY

 

 

 

 

 

 

 

 

Stock and interests in incorporated and

 

100% OF TRAILS END CLUB, LLC; NO ASSETS OR

 

100.00

 

unincorporated businesses. Itemize.

 

ACTIVITY

 

 

 

 

 

 

 

 

Case:11-06672-jdg Doc #:1

Filed: 06/17/11

Page 6 of 50

B6B (Official Form 6B) (12/07) -- Cont.

 

 

 

 

In re James R. Rosendall, Jr.

,

Case No.

 

(If known)

 

Debtor

 

 

 

 

 

 

 

 

SCHEDULE B - PERSONAL PROPERTY

(Continuation Sheet)

 

 

 

 

HUSBAND, WIFE, JOINT

OR COMMUNITY

CURRENT VALUE OF

 

 

 

 

DEBTOR'S INTEREST

 

 

NONE

 

IN PROPERTY, WITH-

 

TYPE OF PROPERTY

DESCRIPTION AND LOCATION

OUT DEDUCTING ANY

 

OF PROPERTY

SECURED CLAIM

 

 

 

OR EXEMPTION

 

 

 

 

 

 

 

 

 

 

 

13.

Stock and interests in incorporated and

 

50% OF MRS DEVELOPMENT, A PARTNERSHIP; NO

 

 

100.00

 

unincorporated businesses. Itemize.

 

ASSETS OR ACTIVITY

 

 

 

 

 

 

 

 

 

14.

Interests in partnerships or joint ventures

X

 

 

 

 

 

Itemize.

 

 

 

 

 

15.

Government and corporate bonds and

X

 

 

 

 

 

other negotiable and nonnegotiable

 

 

 

 

 

 

instruments.

 

 

 

 

 

16.

Accounts receivable.

X

 

 

 

 

17.

Alimony, maintenance, support, and

X

 

 

 

 

 

property settlements to which the debtor

 

 

 

 

 

 

is or may be entitled. Give particulars.

 

 

 

 

 

18.

Other liquidated debts owed to debtor

X

 

 

 

 

 

including tax refunds. Give particulars.

 

 

 

 

 

19.

Equitable or future interests, life estates,

X

 

 

 

 

 

and rights or powers exercisable for the

 

 

 

 

 

 

benefit of the debtor other than those

 

 

 

 

 

 

listed in Schedule A - Real Property.

 

 

 

 

 

20.

Contingent and noncontingent interests

X

 

 

 

 

 

in estate of a decedent, death benefit

 

 

 

 

 

 

plan, life insurance policy, or trust.

 

 

 

 

 

21.

Other contingent and unliquidated claims

 

ACCRUED WAGES

 

 

800.00

 

of every nature, including tax refunds,

 

 

 

 

 

 

counterclaims of the debtor, and rights to

 

 

 

 

 

 

setoff claims. Give estimated value of

 

 

 

 

 

 

each.

 

 

 

 

 

22.

Patents, copyrights, and other intellectual

X

 

 

 

 

 

property. Give particulars.

 

 

 

 

 

23.

Licenses, franchises, and other general

X

 

 

 

 

 

intangibles. Give particulars.

 

 

 

 

 

24.Customer lists or other compilations

X

 

 

 

 

 

containing personally identifiable

 

 

 

 

 

 

information (as defined in 11 U.S.C. §

 

 

 

 

 

 

101(41A)) provided to the debtor by

 

 

 

 

 

 

individuals in connection with obtaining a

 

 

 

 

 

 

product or service from the debtor primarily

 

 

 

 

 

 

for personal, family, or household

 

 

 

 

 

 

purposes.

 

 

 

 

 

25.

Automobiles, trucks, trailers, and other

X

 

 

 

 

 

vehicles and accessories.

 

 

 

 

 

26.

Boats, motors, and accessories.

 

2006 SEARAY SUNDEC 25-FOOT BOAT AND

 

 

30,000.00

 

 

 

VANGUARD TRAILER

 

 

 

27.

Aircraft and accessories.

X

 

 

 

 

28.

Office equipment, furnishings, and

X

 

 

 

 

 

supplies.

 

 

 

 

 

29.

Machinery, fixtures, equipment and

X

 

 

 

 

 

supplies used in business.

 

 

 

 

 

30.

Inventory.

X

 

 

 

 

31.

Animals.

 

CAT

 

 

1.00

 

Case:11-06672-jdg Doc #:1

Filed: 06/17/11

Page 7 of 50

B6B (Official Form 6B) (12/07) -- Cont.

 

 

 

 

In re James R. Rosendall, Jr.

,

Case No.

 

(If known)

 

Debtor

 

 

 

 

 

 

 

 

SCHEDULE B - PERSONAL PROPERTY

(Continuation Sheet)

 

 

 

 

 

 

 

HUSBAND, WIFE, JOINT

OR COMMUNITY

CURRENT VALUE OF

 

 

 

 

 

 

 

DEBTOR'S INTEREST

 

 

NONE

 

 

 

IN PROPERTY, WITH-

 

TYPE OF PROPERTY

 

DESCRIPTION AND LOCATION

 

OUT DEDUCTING ANY

 

 

OF PROPERTY

 

SECURED CLAIM

 

 

 

 

 

OR EXEMPTION

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

32.

Crops - growing or harvested. Give

X

 

 

 

 

 

 

 

particulars.

 

 

 

 

 

 

 

 

33.

Farming equipment and implements.

X

 

 

 

 

 

 

34.

Farm supplies, chemicals, and feed.

X

 

 

 

 

 

 

35.

Other personal property of any kind not

X

 

 

 

 

 

 

 

already listed. Itemize.

 

 

 

 

 

 

 

 

 

 

2

continuation sheets attached

Total

 

$ 59,065.00

 

 

 

 

 

 

 

 

 

 

 

 

 

(Include amounts from any continuation sheets attached. Report total also on Summary of Schedules.)

 

Case:11-06672-jdg

Doc #:1 Filed: 06/17/11

Page 8 of 50

B6C (Official Form 6C) (4/10)

 

 

 

 

In re James R. Rosendall, Jr.

,

Case No.

 

(If known)

 

 

Debtor

 

 

 

 

 

 

SCHEDULE C - PROPERTY CLAIMED AS EXEMPT

Debtor claims the exemptions to which debtor is entitled under: (Check one box)

11 U.S.C. § 522(b)(2)

11 U.S.C. § 522(b)(3)

Check if debtor claims a homestead exemption that exceeds $146,450.*

 

SPECIFY LAW

VALUE OF

CURRENT

DESCRIPTION OF PROPERTY

PROVIDING EACH

CLAIMED

VALUE OF PROPERTY

WITHOUT DEDUCTING

 

EXEMPTION

EXEMPTION

 

 

 

EXEMPTION

 

 

 

 

100% OF ALLIANCE LEASING

11 USC § 522(d)(5)

100.00

100.00

& RENTAL INC; NO ASSETS

 

 

 

OR ACTIVITY

 

 

 

NONE

11 USC § 522(d)(5)

100.00

100.00

 

 

 

 

100% OF TRAILS END CLUB,

11 USC § 522(d)(5)

100.00

100.00

LLC; NO ASSETS OR ACTIVITY

 

 

 

50% OF MRS DEVELOPMENT,

11 USC § 522(d)(5)

100.00

100.00

A PARTNERSHIP; NO ASSETS

 

 

 

OR ACTIVITY

 

 

 

ACCRUED WAGES

11 USC § 522(d)(5)

800.00

800.00

 

 

 

 

CASH

11 USC § 522(d)(5)

10.00

10.00

 

 

 

 

CAT

11 USC § 522(d)(5)

1.00

1.00

 

 

 

 

CLOTHING

11 USC § 522(d)(3)

200.00

200.00

 

 

 

 

EDWARD JONES IRA, 11/26/10

11 USC § 522(d)(12)

3,879.00

3,879.00

STATEMENT

 

 

 

GOLF CART ($200), OLD

11 USC § 522(d)(5)

1,725.00

3,575.00

TREADMILL ($50), ELLIPTICAL

 

 

 

EXERCISE MACHINE ($100),

 

 

 

CAMERA ($50), BIKE ($50),

 

 

 

RIDING LAWN MOWER

 

 

 

($3,000), GOLF CLUBS ($100),

 

 

 

FISHING POLES ($25): HIS

 

 

 

HALF EXEMPTED

 

 

 

STANDARD GOODS AND

11 USC § 522(d)(3)

10,000.00

20,000.00

FURNISHINGS IN HOME

 

 

 

WEDDING RING

11 USC § 522(d)(4)

200.00

200.00

 

 

 

 

* Amount subject to adjustment on 4/1/13 and every three years thereafter with respect to cases commenced on or after the date of adjustment.

 

Case:11-06672-jdg

Doc #:1 Filed: 06/17/11 Page 9 of 50

 

 

B6D (Official Form 6D) (12/07)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In re James R. Rosendall, Jr.

 

 

 

,

Case No.

 

 

 

 

 

 

 

 

Debtor

 

 

 

 

 

 

 

(If known)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SCHEDULE D - CREDITORS HOLDING SECURED CLAIMS

 

 

 

Check this box if debtor has no creditors holding secured claims to report on this Schedule D.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CREDITOR'S NAME AND

 

 

HUSBAND, WIFE, JOINT OR COMMUNITY

DATE CLAIM WAS

 

 

 

UNLIQUIDATED

 

AMOUNT OF

 

UNSECURED

 

MAILING ADDRESS

 

CODEBTOR

INCURRED, NATURE

 

CONTINGENT

 

 

CLAIM WITHOUT

 

 

 

 

 

DISPUTED

 

PORTION, IF

 

INCLUDING ZIP CODE AND

 

OF LIEN, AND

 

 

DEDUCTING

 

 

 

 

 

 

 

ANY

 

AN ACCOUNT NUMBER

 

DESCRIPTION AND

 

 

VALUE OF

 

 

 

 

 

 

 

 

 

 

(See Instructions, Above.)

 

VALUE OF PROPERTY

 

 

COLLATERAL

 

 

 

 

 

 

SUBJECT TO LIEN

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ACCOUNT NO.

 

 

 

06/26/2006

 

 

 

 

 

 

39,000.00

 

9,000.00

 

 

 

Security Agreement

 

 

 

 

 

 

CHEMICAL BANK

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2006 SEARAY SUNDEC 25-FOOT

 

 

 

 

 

 

 

 

PO BOX 41220

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BOAT AND VANGUARD

 

 

 

 

 

 

 

 

 

GRAND RAPIDS MI 49514-1220

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TRAILER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

__________________________

 

 

 

 

 

 

 

 

 

 

 

 

 

VALUE $30,000.00

 

 

 

 

 

 

 

 

 

ACCOUNT NO.

 

 

J

07/30/2007

 

 

 

 

 

 

975,000.00

 

375,000.00

 

 

 

 

Mortgage

 

 

 

 

 

 

FIFTH THIRD MTG - MI, LLC

 

 

 

 

 

 

 

 

 

 

 

RESIDENCE AT 3050 RIDGE

 

 

 

 

 

 

 

 

5001 KINGSLEY DRIVE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PORT DRIVE, NW, GRAND

 

 

 

 

 

 

 

 

 

MD 1MOB3A

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

RAPIDS MI 49544, PPN

 

 

 

 

 

 

 

 

 

CINCINNATI OH 45227

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

41-09-33-125-018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

__________________________

 

 

 

 

 

 

 

 

 

 

 

 

 

VALUE $600,000.00

 

 

 

 

 

 

 

 

 

0continuation sheets attached

Subtotal

(Total of this page)

Total

(Use only on last page)

 

$

1,014,000.00

$

384,000.00

 

 

 

 

 

 

$

1,014,000.00

$

384,000.00

 

 

 

(Report also on Summary of

(If applicable, report

Schedules)

also on Statistical

Summary of Certain

Liabilities and

Related Data.)

 

Case:11-06672-jdg Doc #:1

Filed: 06/17/11

Page 10 of 50

B6E (Official Form 6E) (4/10)

 

 

 

 

In re

James R. Rosendall, Jr.

 

,

Case No.

 

 

Debtor

 

 

 

(If known)

SCHEDULE E - CREDITORS HOLDING UNSECURED PRIORITY CLAIMS

Check this box if debtor has no creditors holding unsecured priority claims to report on this Schedule E.

 

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).

Extensions of credit in an involuntary case

Claims arising in the ordinary course of the debtor's business or financial affairs after the commencement of the case but before the earlier of the appointment of a trustee or the order for relief. 11 U.S.C. § 507(a)(3).

Wages, salaries, and commissions

Wages, salaries, and commissions, including vacation, severance, and sick leave pay owing to employees and commissions owing to qualifying independent sales representatives up to $11,725* per person earned within 180 days immediately preceding the filing of the original petition, or the cessation of business, whichever occurred first, to the extent provided in 11 U.S.C. § 507(a)(4).

Contributions to employee benefit plans

Money owed to employee benefit plans for services rendered within 180 days immediately preceding the filing of the original petition, or the cessation of business, whichever occurred first, to the extent provided in 11 U.S.C. § 507(a)(5).

Certain farmers and fishermen

Claims of certain farmers and fishermen, up to $5,775* per farmer or fisherman, against the debtor, as provided in 11 U.S.C. § 507(a)(6).

Deposits by individuals

Claims of individuals up to $2,600* for deposits for the purchase, lease, or rental of property or services for personal, family, or household use, that were not delivered or provided. 11 U.S.C. § 507(a)(7).

Taxes and Certain Other Debts Owed to Governmental Units

Taxes, customs duties, and penalties owing to federal, state, and local governmental units as set forth in 11 U.S.C. § 507(a)(8).

Commitments to Maintain the Capital of an Insured Depository Institution

Claims based on commitments to the FDIC, RTC, Director of the Office of Thrift Supervision, Comptroller of the Currency, or Board of Governors of the Federal Reserve System, or their predecessors or successors, to maintain the capital of an insured depository institution. 11 U.S.C. § 507 (a)(9).

Claims for Death or Personal Injury While Debtor Was Intoxicated

Claims for death or personal injury resulting from the operation of a motor vehicle or vessel while the debtor was intoxicated from using alcohol, a drug, or another substance. 11 U.S.C. § 507(a)(10).

* Amounts are subject to adjustment on 4/01/13, and every three years thereafter with respect to cases commenced on or after the date of adjustment.

1 continuation sheets attached

 

Case:11-06672-jdg Doc #:1 Filed: 06/17/11

Page 11 of 50

B6E (Official Form 6E) (4/10) – Cont.

 

 

 

In re James R. Rosendall, Jr.

,

Case No.

 

(If known)

 

 

 

Debtor

SCHEDULE E - CREDITORS HOLDING UNSECURED PRIORITY CLAIMS

(Continuation Sheet)

CREDITOR'S NAME,

CODEBTOR

HUSBAND, WIFE, JOINT OR COMMUNITY

DATE CLAIM WAS

CONTINGENT

UNLIQUIDATED

 

AMOUNT

AMOUNT

AMOUNT

MAILING ADDRESS

INCURRED AND

DISPUTED

OF CLAIM

ENTITLED TO

NOT

INCLUDING ZIP CODE,

CONSIDERATION

 

PRIORITY

ENTITLED TO

AND ACCOUNT NUMBER

FOR CLAIM

 

 

PRIORITY, IF

(See instructions above.)

 

 

 

ANY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ACCOUNT NO.

 

 

 

 

 

 

 

 

$0.00

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sheet no. 1 of 1 continuation sheets attached to Schedule of Creditors Holding Priority Claims

Subtotals(Totals of this page)

Total

(Use only on last page of the completed Schedule E. Report also on the Summary of Schedules.)

Total

(Use only on last page of the completed Schedule E. If applicable, report also on the Statistical Summary of Certain Liabilities and Related Data. )

$

0.00

$

0.00

$

0.00

$ 0.00

 

$

0.00

$

0.00

 

 

 

 

 

 

Case:11-06672-jdg Doc #:1

Filed: 06/17/11 Page 12 of 50

B6F (Official Form 6F) (12/07)

 

 

 

 

In re James R. Rosendall, Jr.

,

Case No.

 

(If known)

 

Debtor

 

 

 

SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS

Check this box if debtor has no creditors holding unsecured claims to report on this Schedule F.

 

CREDITOR'S NAME,

 

HUSBAND, WIFE, JOINT OR COMMUNITY

DATE CLAIM WAS

CONTINGENT

UNLIQUIDATED

 

AMOUNT OF

 

MAILING ADDRESS

CODEBTOR

INCURRED AND

DISPUTED

CLAIM

 

INCLUDING ZIP CODE,

CONSIDERATION FOR

 

 

AND ACCOUNT NUMBER

CLAIM.

 

 

(See instructions above.)

IF CLAIM IS SUBJECT TO

 

 

 

SETOFF, SO STATE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ACCOUNT NO.

1489

 

J

 

 

 

 

300.00

 

 

 

 

 

 

CALVIN CHRISTIAN SCHOOL ASSN

 

 

2010-2011 TUITION

 

 

 

 

3750 IVANREST SW

 

 

 

 

 

 

 

GRANDVILLE MI 49418

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ACCOUNT NO.

 

X

 

10/01/2010

 

 

 

1,223,363.00

 

 

 

 

 

 

COMERICA BANK

 

 

JUDGMENT ARISING FROM

 

 

 

 

99 MONROE AVE NW

 

 

GUARANTYS OF VARIOUS BUSINESS

 

 

 

 

GRAND RAPIDS MI 49503

 

 

DEBTS

 

 

 

 

ROSS LEISMAN @ MMBJ

 

 

 

 

 

 

 

900 MONROE AVE NW

 

 

 

 

 

 

 

GRAND RAPIDS MI 49502

 

 

 

 

 

 

 

ACCOUNT NO.

 

 

 

 

 

 

 

3,000,000.00

FIFTH THIRD BANK

 

 

GTY OF TRAILS END CLUB LLC DEBT;

 

 

 

 

1850 E PARIS SE

 

 

AMOUNT ESTIMATED

 

 

 

 

GRAND RAPIDS MI 49546

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ACCOUNT NO.

 

 

 

 

 

 

 

1,586.00

FOSTER SWIFT

 

 

LEGAL DEFENSE SERVICES RELATED

 

 

 

 

313 S WASHINGTON SQUARE

 

 

TO COMERICA BANK SUIT

 

 

 

 

LANSING MI 48933

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1 Continuation sheets attached

Subtotal

Total

(Use only on last page of the completed Schedule F.) (Report also on Summary of Schedules and, if applicable on the Statistical Summary of Certain Liabilities and Related Data.)

$ 4,225,249.00

$

 

 

Case:11-06672-jdg

Doc #:1 Filed: 06/17/11 Page 13 of 50

 

 

 

 

B6F (Official Form 6F) (12/07) - Cont.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In re James R. Rosendall, Jr.

 

 

 

,

Case No.

 

 

 

 

 

 

 

 

 

 

 

 

 

(If known)

 

 

 

 

 

Debtor

 

 

 

 

 

 

 

SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS

 

 

 

 

 

 

(Continuation Sheet)

 

 

 

 

 

 

 

 

 

 

 

CREDITOR'S NAME,

 

 

HUSBAND, WIFE, JOINT OR COMMUNITY

 

DATE CLAIM WAS

CONTINGENT

 

UNLIQUIDATED

 

 

AMOUNT OF

 

 

MAILING ADDRESS

CODEBTOR

 

 

INCURRED AND

 

 

 

DISPUTED

 

CLAIM

 

 

INCLUDING ZIP CODE,

 

CONSIDERATION FOR

 

 

 

 

 

 

AND ACCOUNT NUMBER

 

 

CLAIM.

 

 

 

 

 

 

 

 

(See instructions above.)

 

IF CLAIM IS SUBJECT TO

 

 

 

 

 

 

 

 

 

SETOFF, SO STATE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ACCOUNT NO.

 

 

 

 

 

 

 

 

 

 

 

 

 

2,200,000.00

MERCANTILE BANK

 

 

 

GTY OF DEBT OF J MAR PROPERTIES,

 

 

 

 

 

 

 

310 LEONARD NW

 

 

 

LLC, WHICH IS OWNED 50/50 BY

 

 

 

 

 

 

 

GRAND RAPIDS MI 49504

 

 

 

ALLIANCE LEASING AND RENTAL AND

 

 

 

 

 

 

 

 

 

 

 

 

 

THE DEBTOR'S MOTHER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ACCOUNT NO.

 

 

 

 

 

 

 

 

 

 

 

 

 

1.00

RIETH RILEY CONSTRUCTION CO INC

 

 

 

GTY OF CONSTRUCTION DEBT OF ONE

 

 

 

 

 

 

 

3626 ELKHART ROAD

 

 

 

OF THE COMPANYS; NOTICE

 

 

 

 

 

 

 

GOSHEN IN 46527

 

 

 

 

 

 

 

 

 

 

 

 

 

 

RIETH RILEY CONST CO INC

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PO BOX 477

 

 

 

 

 

 

 

 

 

 

 

 

 

 

GOSHEN IN 46527

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ACCOUNT NO.

5720

 

 

 

 

 

 

 

 

 

 

 

 

1,143.00

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SPECTRUM HEALTH

 

 

 

APRIL 2010 SERVICES

 

 

 

 

 

 

 

 

 

PO BOX 2127

 

 

 

 

 

 

 

 

 

 

 

 

 

 

GRAND RAPIDS MI 49501-2127

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SPECTRUM HEALTH

 

 

 

 

 

 

 

 

 

 

 

 

 

 

100 MICHIGAN ST NE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

GRAND RAPIDS MI 49503

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ACCOUNT NO.

09CR2005-1

 

 

 

 

 

 

 

 

 

 

 

 

150,000.00

 

 

 

 

 

 

 

 

 

 

 

 

 

 

US DEPT OF JUSTICE

 

 

 

CRIMINAL PENALTY

 

 

 

 

 

 

 

 

 

PO BOX 208

 

 

 

 

 

 

 

 

 

 

 

 

 

 

GRAND RAPIDS MI 49501

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sheet no. 1 of 1 continuation sheets attached to Schedule of Creditors

Subtotal

Holding Unsecured

 

 

Nonpriority Claims

 

 

 

Total

 

(Use only on last page of the completed Schedule F.)

 

 

(Report also on Summary of Schedules and, if applicable on the Statistical

 

 

Summary of Certain Liabilities and Related Data.)

 

$ 2,351,144.00

$ 6,576,393.00

 

Case:11-06672-jdg Doc #:1

Filed: 06/17/11 Page 14 of 50

B6G (Official Form 6G) (12/07)

 

 

 

 

In re: James R. Rosendall, Jr.

,

Case No.

 

 

Debtor

 

 

 

(If known)

SCHEDULE G - EXECUTORY CONTRACTS AND UNEXPIRED LEASES

Check this box if debtor has no executory contracts or unexpired leases.

 

DESCRIPTION OF CONTRACT OR LEASE AND NATURE OF

NAME AND MAILING ADDRESS, INCLUDING ZIP CODE,

DEBTOR'S INTEREST, STATE WHETHER LEASE IS FOR

OF OTHER PARTIES TO LEASE OR CONTRACT.

NONRESIDENTIAL REAL PROPERTY. STATE CONTRACT

 

NUMBER OF ANY GOVERNMENT CONTRACT.

 

 

 

DEBTOR RENTS OUT AN APARTMENT ATTACHED TO HIS

 

HOME FOR $450 PER MONTH

 

 

 

Case:11-06672-jdg Doc #:1

Filed: 06/17/11 Page 15 of 50

B6H (Official Form 6H) (12/07)

 

 

 

 

In re: James R. Rosendall, Jr.

,

Case No.

 

 

 

(If known)

 

Debtor

 

 

 

 

 

 

 

 

SCHEDULE H - CODEBTORS

Check this box if debtor has no codebtors.

NAME AND ADDRESS OF CODEBTOR

NAME AND ADDRESS OF CREDITOR

 

 

ALLIANCE LEASING & RENTAL, LLC

COMERICA BANK

2751 ALPINE NNW

99 MONROE AVE NW

GRAND RAPIDS MI 49544

GRAND RAPIDS MI 49503

MRS DEVELOPMENT

 

2751 ALPINE NW

 

GRAND RAPIDS MI 49544

 

TRAILS END CLUB, LLC

 

2751 ALPINE NW

 

GRAND RAPIDS MI 49544

 

 

Case:11-06672-jdg Doc #:1

Filed: 06/17/11 Page 16 of 50

B6I (Official Form 6I) (12/07)

 

 

 

 

In re

James R. Rosendall, Jr.

 

,

Case No.

 

 

(If known)

 

Debtor

 

 

 

SCHEDULE I - CURRENT INCOME OF INDIVIDUAL DEBTOR(S)

The column labeled “Spouse” must be completed in all cases filed by joint debtors and by every married debtor, whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed. Do not state the name of any minor child. The average monthly income calculated on this form may differ from the current monthly income calculated on Form 22A, 22B, or 22C.

Debtor’s Marital

 

 

DEPENDENTS OF DEBTOR AND SPOUSE

 

 

 

 

 

 

 

 

Status:

MARRIED

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

RELATIONSHIP(S):

 

 

 

 

 

 

 

 

 

 

 

AGE(S):

 

 

 

 

 

 

 

 

 

DAUGHTER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

19

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Employment:

 

 

DEBTOR

 

 

 

 

 

 

 

 

 

SPOUSE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Occupation

 

SALES

 

 

 

 

 

OFFICE WORK

 

 

 

 

 

 

 

 

Name of Employer

WASTE CONTROL OF GRAND RAPIDS

 

 

 

 

 

LDS INVESTMENTS

 

 

 

 

 

 

 

 

How long employed

2 MONTHS

 

 

 

 

 

3 YEARS

 

 

 

 

 

 

 

 

Address of Employer

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

INCOME: (Estimate of average or projected monthly income at time

 

 

 

 

 

 

 

 

 

DEBTOR

 

 

 

 

SPOUSE

 

 

case filed)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1. Monthly gross wages, salary, and commissions

$

 

3,466.67

 

$

 

 

 

1,083.33

 

 

(Prorate if not paid monthly.)

 

 

 

 

 

 

 

0.00

 

$

 

 

 

0.00

 

 

2. Estimate monthly overtime

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3. SUBTOTAL

 

 

 

 

 

$

 

3,466.67

 

$

 

 

 

1,083.33

 

 

4. LESS PAYROLL DEDUCTIONS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

605.97

 

 

 

 

 

150.89

 

 

a. Payroll taxes and social security

$

 

 

$

 

 

 

 

 

b. Insurance

 

 

 

$

 

0.00

 

$

 

 

 

0.00

 

 

 

 

 

 

 

 

 

 

 

 

0.00

 

 

 

 

 

0.00

 

 

c. Union dues

 

 

 

$

 

 

$

 

 

 

 

 

d. Other (Specify)

 

 

 

 

$

 

0.00

 

$

 

 

 

0.00

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5. SUBTOTAL OF PAYROLL DEDUCTIONS

 

$

 

605.97

 

$

 

 

 

150.89

 

 

6. TOTAL NET MONTHLY TAKE HOME PAY

 

$

 

2,860.69

 

$

 

 

 

932.45

 

 

7. Regular income from operation of business or profession or farm

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Attach detailed statement)

$

 

0.00

 

$

 

 

 

0.00

 

 

8. Income from real property

$

 

0.00

 

$

 

 

 

450.00

 

 

9. Interest and dividends

 

 

 

$

 

0.00

 

$

 

 

 

0.00

 

 

10. Alimony, maintenance or support payments payable to the debtor for the

$

 

0.00

 

$

 

 

 

0.00

 

 

debtor’s use or that of dependents listed above.

 

 

 

 

 

 

 

11. Social security or other government assistance

 

 

 

 

 

 

 

0.00

 

 

 

 

 

0.00

 

 

(Specify)

 

 

 

 

 

$

 

 

$

 

 

 

 

 

12. Pension or retirement income

$

 

0.00

 

$

 

 

 

0.00

 

 

13. Other monthly income

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Specify)

 

 

 

 

 

 

 

$

 

0.00

 

$

 

 

 

0.00

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

14. SUBTOTAL OF LINES 7 THROUGH 13

 

$

 

0.00

 

$

 

 

 

450.00

 

 

15. AVERAGE MONTHLY INCOME (Add amounts shown on lines 6 and 14)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

$

 

2,860.69

$

 

 

 

1,382.45

 

 

16. COMBINED AVERAGE MONTHLY INCOME: (Combine column

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

$ 4,243.14

 

 

 

 

 

 

 

totals from line 15)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Report also on Summary of Schedules and, if applicable, on

 

 

 

 

 

 

Statistical Summary of Certain Liabilities and Related Data)

17. Describe any increase or decrease in income reasonably anticipated to occur within the year following the filing of this document.:

NONE

 

Case:11-06672-jdg Doc #:1

Filed: 06/17/11

Page 17 of 50

B6J (Official Form 6J) (12/07)

 

 

 

 

In re James R. Rosendall, Jr.

,

Case No.

 

Debtor

 

 

 

(If known)

 

 

 

 

 

SCHEDULE J - CURRENT EXPENDITURES OF INDIVIDUAL DEBTOR(S)

Complete this schedule by estimating the average or projected monthly expenses of the debtor and the debtor’s family at time case filed. Prorate any payments made biweekly, quarterly, semi-annually, or annually to show monthly rate. The average monthly expenses calculated on this form may differ from the deductions from income allowed on Form22A or 22C.

 

Check this box if a joint petition is filed and debtor's spouse maintains a separate household. Complete a separate schedule of

 

 

 

 

expenditures labeled "Spouse."

 

 

 

 

 

 

 

 

 

 

 

 

1.

Rent or home mortgage payment (include lot rented for mobile home)

$

 

 

4,415.00

 

 

a. Are real estate taxes included?

Yes

 

No

 

 

 

 

 

 

 

 

 

b. Is property insurance included?

Yes

No

 

 

 

 

 

 

 

2.

Utilities: a. Electricity and heating fuel

 

 

 

 

 

 

$

 

 

500.00

 

 

b. Water and sewer

 

 

 

 

 

$

 

 

10.00

 

 

c. Telephone

 

 

 

 

 

$

 

 

55.00

 

 

d. Other CABLE

 

 

 

 

 

$

 

 

84.00

 

 

 

 

CELL PHONES

 

 

 

 

 

 

$

 

 

120.00

 

3.

Home maintenance (repairs and upkeep)

 

 

 

 

 

$

 

 

50.00

4.

Food

 

 

 

 

 

$

 

 

600.00

5.

Clothing

 

 

 

 

 

$

 

 

80.00

6.

Laundry and dry cleaning

 

 

 

 

 

$

 

 

30.00

7.

Medical and dental expenses

 

 

 

 

 

$

 

 

100.00

8.

Transportation (not including car payments)

 

 

 

 

$

 

 

400.00

9.

Recreation, clubs and entertainment, newspapers, magazines, etc.

 

 

$

 

 

40.00

10. Charitable contributions

 

 

 

 

 

$

 

 

100.00

11. Insurance (not deducted from wages or included in home mortgage payments)

 

 

 

a. Homeowner’s or renter’s

$

0.00

 

 

 

 

b. Life

$

0.00

 

 

 

 

c. Health

$

333.00

 

 

 

 

d. Auto

$

237.00

 

 

 

 

e. Other

$

0.00

 

 

 

 

 

 

 

 

 

 

 

 

12.

Taxes (not deducted from wages or included in home mortgage payments)

 

 

 

 

 

 

(Specify)

$

0.00

 

13.

Installment

payments: (In chapter 11, 12, and 13 cases, do not list payments to be included in the plan)

 

 

 

 

 

 

 

 

 

a. Auto

$

250.00

 

 

 

 

b. Other

$

0.00

 

 

 

 

 

 

 

 

 

 

 

14.

Alimony, maintenance, and support paid to others

$

0.00

 

15.

Payments for support of additional dependents not living at your home

$

0.00

 

16.

Regular expenses from operation of business, profession, or farm (attach detailed statement)

$

0.00

 

17.

OtherPERSONAL CARE

$

50.00

 

 

 

 

 

 

 

 

 

18. AVERAGE MONTHLY EXPENSES (Total lines 1-17. Report also on Summary of Schedules and,

 

 

 

 

 

 

 

 

$

7,454.00

 

if applicable, on the Statistical Summary of Certain Liabilities and Related Data.)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

19.Describe any increase or decrease in expenditures reasonably anticipated to occur within the year following the filing of this document:

20.STATEMENT OF MONTHLY NET INCOME

a. Average monthly income from Line 15 of Schedule I

$

4,243.14

b. Average monthly expenses from Line 18 above

$

7,454.00

c. Monthly net income (a. minus b.)

$

-3,210.86

Case:11-06672-jdg Doc #:1 Filed: 06/17/11 Page 18 of 50

B6 Summary (Official Form 6 - Summary) (12/07)

United States Bankruptcy Court

Western District of Michigan

In re James R. Rosendall, Jr.

,

Case No.

 

 

 

Debtor

 

 

 

 

 

 

Chapter 7

 

 

 

 

 

 

 

 

 

 

 

 

 

SUMMARY OF SCHEDULES

Indicate as to each schedule whether that schedule is attached and state the number of pages in each. Report the totals from Schedules A, B, D, E, F, I, and J in the boxes provided. Add the amounts from Schedules A and B to determine the total amount of the debtor’s assets. Add the amounts of all claims from Schedules D, E, and F to determine the total amount of the debtor’s liabilities. Individual debtors also must complete the “Statistical Summary of Certain Liabilities and Related Data” if they file a case under chapter 7, 11, or 13.

NAME OF SCHEDULE

ATTACHED

NO. OF SHEETS

 

ASSETS

 

LIABILITIES

 

OTHER

 

(YES/NO)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A - Real Property

YES

1

$

600,000.00

 

 

 

 

 

 

 

 

 

 

 

 

 

B - Personal Property

YES

3

$

59,065.00

 

 

 

 

 

 

 

 

 

 

 

 

 

C - Property Claimed

YES

1

 

 

 

 

 

 

as Exempt

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

D - Creditors Holding

YES

1

 

 

$

1,014,000.00

 

 

Secured Claims

 

 

 

 

 

 

 

 

E - Creditors Holding Unsecured

YES

2

 

 

$

0.00

 

 

Priority Claims

 

 

 

 

(Total of Claims on Schedule E)

 

 

 

 

 

 

 

 

F - Creditors Holding Unsecured

YES

2

 

 

$

6,576,393.00

 

 

Nonpriority Claims

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

G -Executory Contracts and

YES

1

 

 

 

 

 

 

Unexpired Leases

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

H - Codebtors

YES

1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I - Current Income of

YES

1

 

 

 

 

$

4,243.14

Individual Debtor(s)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

J - Current Expenditures of

YES

1

 

 

 

 

$

7,454.00

Individual Debtor(s)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TOTAL

14

$

659,065.00

$

7,590,393.00

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Case:11-06672-jdg Doc #:1

Filed: 06/17/11

Page 19 of 50

B6 Declaration (Official Form 6 - Declaration) (12/07)

 

 

 

 

In re

James R. Rosendall, Jr.

 

,

Case No.

 

Debtor

 

 

 

(If known)

 

 

DECLARATION CONCERNING DEBTOR'S SCHEDULES

 

 

 

DECLARATION UNDER PENALTY OF PERJURY BY INDIVIDUAL DEBTOR

 

I declare under penalty of perjury that I have read the foregoing summary and schedules, consisting of

 

16

 

sheets, and that they are true and correct to the best of my knowledge, information, and belief.

 

 

Date:

6/17/2011

 

Signature: /s/ James R. Rosendall, Jr.

 

 

 

 

 

 

 

 

 

 

James R. Rosendall, Jr.

 

 

 

 

 

 

 

Debtor

 

 

[If joint case, both spouses must sign]

Penalty for making a false statement or concealing property: Fine of up to $500,000 or imprisonment for up to 5 years or both. 18 U.S.C §§ 152 and 3571.

Case:11-06672-jdg Doc #:1 Filed: 06/17/11 Page 20 of 50

B7 (Official Form 7) (4/10)

UNITED STATES BANKRUPTCY COURT

Western District of Michigan

In re: James R. Rosendall, Jr.

 

,

Case No.

 

 

 

 

(If known)

 

 

Debtor

 

 

 

 

 

 

 

STATEMENT OF FINANCIAL AFFAIRS

1. Income from employment or operation of business

None State the gross amount of income the debtor has received from employment, trade, or profession, or from operation of the

debtor's business, including part-time activities either as an employee or in independent trade or business, from the beginning of this calendar year to the date this case was commenced. State also the gross amounts received during the two years immediately preceding this calendar year. (A debtor that maintains, or has maintained, financial records on the basis of a fiscal rather than a calendar year may report fiscal year income. Identify the beginning and ending dates of the debtor's fiscal year.) If a joint petition is filed, state income for each spouse separately. (Married debtors filing under chapter 12 or chapter 13 must state income of both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)

AMOUNT

SOURCE

FISCAL YEAR PERIOD

40,000.00

WAGES, APPROXIMATELY

2009

NONE

WAGES

2010

6,400.00

YTD WAGES

2011

2. Income other than from employment or operation of business

None State the amount of income received by the debtor other than from employment, trade, profession, operation of the debtor's

business during the two years immediately preceding the commencement of this case. Give particulars. If a joint petition is filed, state income for each spouse separately. (Married debtors filing under chapter 12 or chapter 13 must state income for each spouse whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)

AMOUNT

4,500.00

2,250.00

SOURCE

FISCAL YEAR PERIOD

RENT FROM APARTMENT ATTACHED TO HOME

2010

RENT FROM APARTMENT ATTACHED TO HOME

2011

None



3. Payments to creditors

Complete a. or b., as appropriate, and c.

a. Individual or joint debtor(s) with primarily consumer debts: List all payments on loans, installment purchases of goods or services, and other debts to any creditor made within 90 days immediately preceding the commencement of this case unless the aggregate value of all property that constitutes or is affected by such transfer is less than $600. Indicate with an asterisk

(*) any payments that were made to a creditor on account of a domestic support obligation or as part of an alternative repayment schedule under a plan by an approved nonprofit budgeting and credit counseling agency. (Married debtors filing under chapter 12 or chapter 13 must include payments by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)

NAME AND ADDRESS OF

DATES OF

AMOUNT

AMOUNT

PAYMENTS

PAID

STILL OWING

CREDITOR

Case:11-06672-jdg Doc #:1 Filed: 06/17/11 Page 21 of 50

None



2

b. Debtor whose debts are not primarily consumer debts: List each payment or other transfer to any creditor made within 90 days immediately preceding the commencement of the case unless the aggregate value of all property that constitutes or is affected by such transfer is less than $5,850*. If the debtor is an individual, indicate with an asterisk (*) any payments that were made to a creditor on account of a domestic support obligation or as part of an alternative repayment schedule under a plan by an approved nonprofit budgeting and credit counseling agency. (Married debtors filing under chapter 12 or chapter 13 must include payments and other transfers by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)

NAME AND ADDRESS OF CREDITOR

DATES OF

AMOUNT

AMOUNT

 

PAYMENTS/

PAID OR

STILL

 

TRANSFERS

VALUE OF

OWING

 

 

TRANSFERS

 

 

 

*Amount subject to adjustment on 4/01/13, and every three years thereafter with respect to cases commenced on or after the date of adjustment.

None



c. All debtors: List all payments made within one year immediately preceding the commencement of this case to or for the benefit of creditors who are or were insiders. (Married debtors filing under chapter 12 or chapter 13 must include payments by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is

not filed.)

NAME AND ADDRESS OF CREDITOR

DATE OF

AMOUNT

AMOUNT

AND RELATIONSHIP TO DEBTOR

PAYMENT

PAID

STILL OWING

4. Suits and administrative proceedings, executions, garnishments and attachments

None a. List all suits and administrative proceedings to which the debtor is or was a party within one year immediately preceding the

filing of this bankruptcy case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is

not filed.)

CAPTION OF SUIT

 

COURT OR AGENCY

STATUS OR

AND CASE NUMBER

NATURE OF PROCEEDING

AND LOCATION

DISPOSITION

COMERICA BANK V DEBTOR,

COLLECTION ON

KENT COUNTY CIRCT CT

JUDGMENT,

SPOUSE, TRAILS END CLUB,

COMMERCIAL LOANS,

 

10/10/10

LLC, MRS DEVELOPMENT, AND

PERSONALLY

 

 

ALLIANCE LEASING

GUARANTIED

 

 

10-01078-CK

 

 

 

None b. Describe all property that has been attached, garnished or seized under any legal or equitable process within one year

immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning property of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)

NAME AND ADDRESS

 

DESCRIPTION

OF PERSON FOR WHOSE

DATE OF

AND VALUE OF

BENEFIT PROPERTY WAS SEIZED

SEIZURE

PROPERTY

COMERICA BANK

 

WAGES GARNISHED ON MAY 26 AND

 

 

JUNE 2, 9, AND 16, 2011

None



Case:11-06672-jdg Doc #:1 Filed: 06/17/11 Page 22 of 50

3

5. Repossessions, foreclosures and returns

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,

DESCRIPTION

NAME AND ADDRESS

FORECLOSURE SALE,

AND VALUE OF

OF CREDITOR OR SELLER

TRANSFER OR RETURN

PROPERTY

None



6. Assignments and receiverships

a. Describe any assignment of property for the benefit of creditors made within 120 days immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include any assignment by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not

filed.)

 

 

TERMS OF

NAME AND ADDRESS

DATE OF

ASSIGNMENT

OF ASSIGNEE

ASSIGNMENT

OR SETTLEMENT

None



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.)

None



 

NAME AND ADDRESS

 

DESCRIPTION

NAME AND ADDRESS

OF COURT

DATE OF

AND VALUE OF

OF CUSTODIAN

CASE TITLE & NUMBER

ORDER

PROPERTY

7. Gifts

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.)

None



NAME AND ADDRESS

RELATIONSHIP

 

DESCRIPTION

OF PERSON

TO DEBTOR,

DATE

AND VALUE OF

OR ORGANIZATION

IF ANY

OF GIFT

GIFT

8. Losses

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

DESCRIPTION OF CIRCUMSTANCES AND, IF

 

AND VALUE OF

LOSS WAS COVERED IN WHOLE OR IN PART

DATE OF

PROPERTY

BY INSURANCE, GIVE PARTICULARS

LOSS

Case:11-06672-jdg Doc #:1 Filed: 06/17/11 Page 23 of 50

4

9. Payments related to debt counseling or bankruptcy

None List all payments made or property transferred by or on behalf of the debtor to any persons, including attorneys, for

consultation concerning debt consolidation, relief under the bankruptcy law or preparation of a petition in bankruptcy within one year immediately preceding the commencement of this case.

NAME AND ADDRESS

OF PAYEE

MICHAEL M MALINOWSKI PLC 740 ALGER STREET SE GRAND RAPIDS MI 49507

DATE OF PAYMENT, NAME OF PAYOR IF OTHER THAN DEBTOR

12/13/10

PAID BY DEBTOR'S SPOUSE

AMOUNT OF MONEY OR DESCRIPTION AND VALUE

OF PROPERTY

$2000: INCLUDES FILING FEE

10. Other transfers

None a. List all other property, other than property transferred in the ordinary course of the business or financial affairs of the

debtor, transferred either absolutely or as security within two years immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include transfers by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)

 

 

DESCRIBE PROPERTY

NAME AND ADDRESS OF TRANSFEREE,

 

TRANSFERRED

RELATIONSHIP TO DEBTOR

DATE

AND VALUE RECEIVED

UNKNOWN

 

JULY 2010: WIFE SOLD HIS

NONE

 

 

JOHN DEERE TRACTOR FOR

 

 

 

 

$10,000

None



b. List all property transferred by the debtor within ten years immediately preceding the commencement of this case to a self-settled trust or similar device of which the debtor is a beneficiary.

NAME OF TRUST OR OTHER

DATE(S) OF

AMOUNT OF MONEY OR DESCRIPTION

DEVICE

TRANSFER(S)

AND VALUE OF PROPERTY OR DEBTOR'

 

 

INTEREST IN PROPERTY

None



11. Closed financial accounts

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

AMOUNT AND

NAME AND ADDRESS

DIGITS OF ACCOUNT NUMBER,

DATE OF SALE

OF INSTITUTION

AND AMOUNT OF FINAL BALANCE

OR CLOSING

None



None



None



None



None



Case:11-06672-jdg Doc #:1 Filed: 06/17/11 Page 24 of 50

5

12. Safe deposit boxes

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.)

NAME AND ADDRESS

NAMES AND ADDRESSES

DESCRIPTION

DATE OF TRANSFER

OF BANK OR

OF THOSE WITH ACCESS

OF

OR SURRENDER,

OTHER DEPOSITORY

TO BOX OR DEPOSITORY

CONTENTS

IF ANY

13. Setoffs

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

AMOUNT OF

NAME AND ADDRESS OF CREDITOR

SETOFF

SETOFF

14. Property held for another person

List all property owned by another person that the debtor holds or controls.

NAME AND ADDRESS

DESCRIPTION AND VALUE

 

OF OWNER

OF PROPERTY

LOCATION OF PROPERTY

15. Prior address of debtor

If debtor has moved within three years immediately preceding the commencement of this case, list all premises which the debtor occupied during that period and vacated prior to the commencement of this case. If a joint petition is filed, report also any separate address of either spouse.

ADDRESS

NAME USED

DATES OF OCCUPANCY

16. Spouses and Former Spouses

If the debtor resides or resided in a community property state, commonwealth, or territory (including Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Puerto Rico, Texas, Washington, or Wisconsin) within eight years immediately preceding the commencement of the case, identify the name of the debtor 's spouse and of any former spouse who resides or resided with the debtor in the community property state.

NAME

None



Case:11-06672-jdg Doc #:1 Filed: 06/17/11 Page 25 of 50

6

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.

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.

 

SITE NAME AND

NAME AND ADDRESS

DATE OF

ENVIRONMENTAL

 

ADDRESS

OF GOVERNMENTAL UNIT

NOTICE

LAW

None

 

 

 

b. List the name and address of every site for which the debtor provided notice to a governmental unit of a release of

 Hazardous Material. Indicate the governmental unit to which the notice was sent and the date of the notice.

 

 

SITE NAME AND

NAME AND ADDRESS

DATE OF

ENVIRONMENTAL

 

 

ADDRESS

OF GOVERNMENTAL UNIT

NOTICE

LAW

None

 

c. List all judicial or administrative proceedings, including settlements or orders, under any Environmental Law with



respect to which the debtor is or was a party. Indicate the name and address of the governmental unit that is or was a party

 

to the proceeding, and the docket number.

 

 

 

NAME AND ADDRESS

DOCKET NUMBER

 

STATUS OR

 

OF GOVERNMENTAL UNIT

 

 

DISPOSITION

Case:11-06672-jdg Doc #:1 Filed: 06/17/11 Page 26 of 50

7

18. Nature, location and name of business

None a. If the debtor is an individual, list the names, addresses, taxpayer identification numbers, nature of the businesses,

and beginning and ending dates of all businesses in which the debtor was an officer, director, partner, or managing executive of a corporation, partner in a partnership, sole proprietor, or was self-employed in a trade, profession, or other activity either full- or part-time within the six years immediately preceding the commencement of this case, or in which the debtor owned 5 percent or more of the voting or equity securities within the six years immediately preceding the commencement of this case.

If the debtor is a partnership, list the names, addresses, taxpayer identification numbers, nature of the businesses, and beginning and ending dates of all businesses in which the debtor was a partner or owned 5 percent or more of the voting or equity securities, within the six years immediately preceding the commencement of this case.

None



If the debtor is a corporation, list the names, addresses, taxpayer identification numbers, nature of the business, and beginning and ending dates of all businesses in which the debtor was a partner or owned 5 percent or more of the voting or equity securities within the six years immediately preceding the commencement of this case.

 

LAST FOUR DIGITS

 

 

 

NAME

OF SOCIAL SECURITY

ADDRESS

NATURE OF

BEGINNING AND ENDING

 

OR OTHER INDIVIDUAL

 

BUSINESS

DATES

 

TAXPAYER-I.D. NO.

 

 

(ITIN)/ COMPLETE EIN

 

 

 

ALLIANCE LEASING &

 

3050 RIDGE PORT DR

OWNED 50% OF

06/12/1996

RENTAL LLC

 

NW

TWO

 

 

 

GRAND RAPIDS MI

PROPERTIES;

 

 

 

49544

WAY UPSIDE

 

 

 

 

DOWN; NO

 

 

 

 

EQUITY

 

MRS DEVELOPMENT

 

3050 RIDGE PORT DR

NO ASSETS FOR

07/28/2004

 

 

NW

ABOUT 18

07/27/2009

 

 

GRAND RAPIDS MI

MONTHS

 

 

 

 

 

49544

 

 

ROSENDALL

 

3050 RIDGE PORT DR

REAL ESTATE

01/31/2000

HOLDINGS LLC

 

NW

DEVELOPMENT;

 

 

 

GRAND RAPIDS MI

NO ASSETS FOR

 

 

 

49544

OVER 1 YEAR

 

TRAILS END CLUB,

 

RESIDENCE

OWNED HUNTING

06/04/2007

LLC

 

 

PROPERTY IN

 

 

 

 

NEWAYGO

 

 

 

 

COUNTY; LOST

 

TO

FORECLOSURE

OVER 1 YEAR

AGO

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

19. Books, records and financial statements

None

a. List all bookkeepers and accountants who within two years immediately preceding the filing of this bankruptcy case kept or



supervised the keeping of books of account and records of the debtor.

 

 

NAME AND ADDRESS

DATES SERVICES RENDERED

None

b. List all firms or individuals who within two years immediately preceding the filing of this bankruptcy case have audited the



books of account and records, or prepared a financial statement of the debtor.

NAME

ADDRESS

DATES SERVICES RENDERED

None



None



None



None



None



None



Case:11-06672-jdg Doc #:1 Filed: 06/17/11 Page 27 of 50

8

c. List all firms or individuals who at the time of the commencement of this case were in possession of the books of account and records of the debtor. If any of the books of account and records are not available, explain.

NAME

ADDRESS

d. List all financial institutions, creditors and other parties, including mercantile and trade agencies, to whom a financial statement was issued by the debtor within two years immediately preceding the commencement of this case.

NAME AND ADDRESS

DATE ISSUED

20. Inventories

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

DATE OF INVENTORY INVENTORY SUPERVISOR (Specify cost, market or other basis)

b. List the name and address of the person having possession of the records of each of the inventories reported in a., above.

 

NAME AND ADDRESSES OF CUSTODIAN

DATE OF INVENTORY

OF INVENTORY RECORDS

21. Current Partners, Officers, Directors and Shareholders

a. If the debtor is a partnership, list the nature and percentage of partnership interest of each member of the partnership.

NAME AND ADDRESS

NATURE OF INTEREST

PERCENTAGE OF INTEREST

b. If the debtor is a corporation, list all officers and directors of the corporation, and each stockholder who directly or indirectly owns, controls, or holds 5 percent or more of the voting or equity securities of the corporation.

 

 

NATURE AND PERCENTAGE

NAME AND ADDRESS

TITLE

OF STOCK OWNERSHIP

22. Former partners, officers, directors and shareholders

None

a. If the debtor is a partnership, list each member who withdrew from the partnership within one year immediately



preceding the commencement of this case.

 

 

NAME

ADDRESS

DATE OF WITHDRAWAL

 

 

None

b. If the debtor is a corporation, list all officers or directors whose relationship with the corporation terminated



within one year immediately preceding the commencement of this case.

 

NAME AND ADDRESS

TITLE

DATE OF TERMINATION

 

 

 

Case:11-06672-jdg Doc #:1 Filed: 06/17/11 Page 28 of 50

None



9

23. Withdrawals from a partnership or distributions by a corporation

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.

None



NAME & ADDRESS

 

AMOUNT OF MONEY

OF RECIPIENT,

DATE AND PURPOSE

OR DESCRIPTION

RELATIONSHIP TO DEBTOR

OF WITHDRAWAL

AND VALUE OF PROPERTY

24. Tax Consolidation Group.

If the debtor is a corporation, list the name and federal taxpayer identification number of the parent corporation of any consolidated group for tax purposes of which the debtor has been a member at any time within six years immediately preceding the commencement of the case.

NAME OF PARENT CORPORATION

TAXPAYER IDENTIFICATION NUMBER (EIN)

 

 

None



25. Pension Funds.

If the debtor is not an individual, list the name and federal taxpayer identification number of any pension fund to which the debtor, as an employer, has been responsible for contributing at any time within six years immediately preceding the commencement of the case.

NAME OF PENSION FUND

TAXPAYER IDENTIFICATION NUMBER (EIN)

* * * * * *

[if completed by an individual or individual and spouse]

I declare under penalty of perjury that I have read the answers contained in the foregoing statement of financial affairs and any attachments thereto and that they are true and correct.

Date 6/17/2011

Signature

/s/ James R. Rosendall, Jr.

 

 

of Debtor

James R. Rosendall, Jr.

Case:11-06672-jdg Doc #:1 Filed: 06/17/11 Page 29 of 50

B 8 (Official Form 8) (12/08)

UNITED STATES BANKRUPTCY COURT

Western District of Michigan

In re

James R. Rosendall, Jr.

,

Case No.

 

Debtor

 

 

 

Chapter 7

CHAPTER 7 INDIVIDUAL DEBTOR'S STATEMENT OF INTENTION

PART A – Debts secured by property of the estate. (Part A must be fully completed for EACH debt which is secured by property of the estate. Attach additional pages if necessary.)

Property No. 1

 

 

 

 

 

Creditor's Name:

 

Describe Property Securing Debt:

CHEMICAL BANK

 

2006 SEARAY SUNDEC 25-FOOT BOAT AND

 

 

VANGUARD TRAILER

 

 

 

Property will be (check one):

 

 

Surrendered

Retained

If retaining the property, I intend to (check at least one): Redeem the property

Reaffirm the debt

Other. Explain ___________________________ (for example, avoid lien using 11 U.S.C. § 522(f))

Property is (check one):

 

 

Claimed as exempt

 

Not claimed as exempt

 

 

 

Property No. 2

 

 

Creditor's Name:

 

Describe Property Securing Debt:

FIFTH THIRD MTG - MI, LLC

 

RESIDENCE AT 3050 RIDGE PORT DRIVE, NW,

 

 

GRAND RAPIDS MI 49544, PPN 41-09-33-125-018

 

 

 

Property will be (check one):

 

 

Surrendered

Retained

If retaining the property, I intend to (check at least one): Redeem the property

Reaffirm the debt

Other. Explain ___________________________ (for example, avoid lien using 11 U.S.C. § 522(f))

Property is (check one):

 

Claimed as exempt

Not claimed as exempt

PART B – Personal property subject to unexpired leases. (All three columns of Part B must be completed for each unexpired lease. Attach additional pages if necessary.)

Case:11-06672-jdg Doc #:1 Filed: 06/17/11

Page 30 of 50

B 8 (Official Form 8) (12/08)

 

 

Page 2

 

 

 

 

Property No. 1

 

 

 

 

 

 

Lessor's Name:

Describe Leased Property:

Lease will be Assumed pursuant

 

DEBTOR RENTS OUT AN

to 11 U.S.C. § 365(p)(2):

 

YES

NO

 

APARTMENT ATTACHED TO HIS

 

HOME FOR $450 PER MONTH

 

 

0 continuation sheets attached (if any)

I declare under penalty of perjury that the above indicates my intention as to any property of my estate securing a debt and/or personal property subject to an unexpired lease.

Date: 6/17/2011

/s/ James R. Rosendall, Jr.

 

 

 

James R. Rosendall, Jr.

 

 

 

Signature of Debtor

Case:11-06672-jdg Doc #:1 Filed: 06/17/11 Page 31 of 50

B 201A (Form 201A) (12/09)

WARNING: Effective December 1, 2009, the 15-day deadline to file schedules and certain other documents under Bankruptcy Rule 1007(c) is shortened to 14 days. For further information, see note at bottom of page 2.

UNITED STATES BANKRUPTCY COURT

WESTERN DISTRICT OF MICHIGAN

NOTICE TO CONSUMER DEBTOR(S) UNDER § 342(b)

OF THE BANKRUPTCY CODE

In accordance with § 342(b) of the Bankruptcy Code, this notice to individuals with primarily consumer debts: (1) Describes briefly the services available from credit counseling services; (2) Describes briefly the purposes, benefits and costs of the four types of bankruptcy proceedings you may commence; and (3) Informs you about bankruptcy crimes and notifies you that the Attorney General may examine all information you supply in connection with a bankruptcy case.

You are cautioned that bankruptcy law is complicated and not easily described. Thus, you may wish to seek the advice of an attorney to learn of your rights and responsibilities should you decide to file a petition. Court employees cannot give you legal advice.

Notices from the bankruptcy court are sent to the mailing address you list on your bankruptcy petition. In order to ensure that you receive information about events concerning your case, Bankruptcy Rule 4002 requires that you notify the court of any changes in your address. If you are filing a joint case (a single bankruptcy case for two individuals married to each other), and each spouse lists the same mailing address on the bankruptcy petition, you and your spouse will generally receive a single copy of each notice mailed from the bankruptcy court in a jointly-addressed envelope, unless you file a statement with the court requesting that each spouse receive a separate copy of all notices.

1. Services Available from Credit Counseling Agencies

With limited exceptions, § 109(h) of the Bankruptcy Code requires that all individual debtors who file for bankruptcy relief on or after October 17, 2005, receive a briefing that outlines the available opportunities for credit counseling and provides assistance in performing a budget analysis. The briefing must be given within 180 days before the bankruptcy filing. The briefing may be provided individually or in a group (including briefings conducted by telephone or on the Internet) and must be provided by a nonprofit budget and credit counseling agency approved by the United States trustee or bankruptcy administrator. The clerk of the bankruptcy court has a list that you may consult of the approved budget and credit counseling agencies. Each debtor in a joint case must complete the briefing.

In addition, after filing a bankruptcy case, an individual debtor generally must complete a financial management instructional course before he or she can receive a discharge. The clerk also has a list of approved financial management instructional courses. Each debtor in a joint case must complete the course.

2. The Four Chapters of the Bankruptcy Code Available to Individual Consumer Debtors

Chapter 7: Liquidation ($245 filing fee, $39 administrative fee, $15 trustee surcharge: Total fee $299)

Chapter 7 is designed for debtors in financial difficulty who do not have the ability to pay their existing debts. Debtors whose debts are primarily consumer debts are subject to a “means test” designed to determine whether the case should be permitted to proceed under chapter 7. If your income is greater than the median income for your state of residence and family size, in some cases, the United States trustee (or bankruptcy administrator), the trustee, or creditors have the right to file a motion requesting that the court dismiss your case under § 707(b) of the Code. It is up to the court to decide whether the case should be dismissed.

Under chapter 7, you may claim certain of your property as exempt under governing law. A trustee may have the right to take possession of and sell the remaining property that is not exempt and use the sale proceeds to pay your creditors.

The purpose of filing a chapter 7 case is to obtain a discharge of your existing debts. If, however, you are found to have committed certain kinds of improper conduct described in the Bankruptcy Code, the court may deny your discharge and, if it does, the purpose for which you filed the bankruptcy petition will be defeated.

Even if you receive a general discharge, some particular debts are not discharged under the law. Therefore, you may still be responsible for most taxes and student loans; debts incurred to pay nondischargeable taxes; domestic support and property settlement obligations; most fines, penalties, forfeitures, and criminal restitution obligations; certain debts which are not properly listed in your bankruptcy papers; and debts for death or personal injury caused by operating a motor vehicle, vessel, or aircraft while intoxicated from alcohol or drugs. Also, if a creditor can prove that a debt arose from fraud, breach of fiduciary duty, or theft, or from a willful and malicious injury, the bankruptcy court may determine that the debt is not discharged.

Case:11-06672-jdg Doc #:1 Filed: 06/17/11

Page 32 of 50

Form B 201A, Notice to Consumer Debtor(s)

Page 2

Chapter 13: Repayment of All or Part of the Debts of an Individual with Regular Income ($235 filing fee, $39 administrative fee: Total fee $274)

Chapter 13 is designed for individuals with regular income who would like to pay all or part of

their debts in installments over a period of time. You are only eligible for chapter 13 if your debts do not exceed certain dollar amounts set forth in the Bankruptcy Code.

Under chapter 13, you must file with the court a plan to repay your creditors all or part of the money that you owe them, using your future earnings. The period allowed by the court to repay your debts may be three years or five years, depending upon your income and other factors. The court must approve your plan before it can take effect.

After completing the payments under your plan, your debts are generally discharged except for domestic support obligations; most student loans; certain taxes; most criminal fines and restitution obligations; certain debts which are not properly listed in your bankruptcy papers; certain debts for acts that caused death or personal injury; and certain long term secured obligations.

Chapter 11: Reorganization ($1000 filing fee, $39 administrative fee: Total fee $1039)

Chapter 11 is designed for the reorganization of a business but is also available to consumer debtors. Its provisions are quite complicated, and any decision by an individual to file a chapter 11 petition should be reviewed with an attorney.

Chapter 12: Family Farmer or Fisherman ($200 filing fee, $39 administrative fee: Total fee $239)

Chapter 12 is designed to permit family farmers and fishermen to repay their debts over a period of time from future earnings and is similar to chapter 13. The eligibility requirements are restrictive, limiting its use to those whose income arises primarily from a family-owned farm or commercial fishing operation.

3. Bankruptcy Crimes and Availability of Bankruptcy Papers to Law Enforcement Officials

A person who knowingly and fraudulently conceals assets or makes a false oath or statement under penalty of perjury, either orally or in writing, in connection with a bankruptcy case is subject to a fine, imprisonment, or both. All information supplied by a debtor in connection with a bankruptcy case is subject to examination by the Attorney General acting through the Office of the United States Trustee, the Office of the United States Attorney, and other components and employees of the Department of Justice.

WARNING: Section 521(a)(1) of the Bankruptcy Code requires that you promptly file detailed information regarding your creditors, assets, liabilities, income, expenses and general financial condition. Your bankruptcy case may be dismissed if this information is not filed with the court within the time deadlines set by the Bankruptcy Code, the Bankruptcy Rules, and the local rules of the court. The documents and the deadlines for filing them are listed on Form B200, which is posted at http://www.uscourts.gov/bkforms/bankruptcy_forms.html#procedure .

Many filing deadlines change on December 1, 2009. Of special note, 12 rules that set 15 days to act are amended to require action within 14 days, including Rule 1007(c), filing the initial case papers; Rule 3015(b), filing a chapter 13 plan; Rule 8009(a), filing appellate briefs; and Rules 1019, 1020, 2015, 2015.1, 2016, 4001, 4002, 6004, and 6007.

Case:11-06672-jdg Doc #:1 Filed: 06/17/11 Page 33 of 50

B 201B (Form 201B) (12/09)

UNITED STATES BANKRUPTCY COURT

WESTERN DISTRICT OF MICHIGAN

In re

James R. Rosendall, Jr.

Case No.

 

 

 

 

Debtor

 

 

 

 

 

 

Chapter

7

 

CERTIFICATION OF NOTICE TO CONSUMER DEBTOR(S)

UNDER § 342(b) OF THE BANKRUPTCY CODE

Certificate of the Debtor

I , the debtor, affirm that I have received and read this notice, as required by § 342(b) of the Bankruptcy Code.

James R. Rosendall, Jr.

X/s/ James R. Rosendall, Jr.

6/17/2011

Printed Name of Debtor

 

James R. Rosendall, Jr.

 

Case No. (if known)

 

 

 

Signature of Debtor

Date

 

 

 

Instructions: Attach a copy of Form B 201A, Notice to Consumer Debtor(s) Under § 342(b) of the Bankruptcy Code.

Use this form to certify that the debtor has received the notice required by 11 U.S.C. § 342(b) only if the certification has NOT been made on the Voluntary Petition, Official Form B1. Exhibit B on page 2 of Form B1 contains a certification by the 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.

Case:11-06672-jdg Doc #:1 Filed: 06/17/11 Page 34 of 50

UNITED STATES BANKRUPTCY COURT

WESTERN DISTRICT OF MICHIGAN

In re James R. Rosendall, Jr.

Case No.

 

Debtors.

Chapter

7

 

 

STATEMENT OF MONTHLY GROSS INCOME

The undersigned certifies the following is the debtor's monthly income .

Income:

 

Debtor

Non-Filing Spouse

 

Six months ago

$0.00

$1,250.00

 

 

 

 

 

 

 

Five months ago

$0.00

$1,000.00

 

 

 

 

 

 

 

Four months ago

$0.00

$1,000.00

 

 

 

 

 

 

 

Three months ago

$0.00

$1,250.00

 

 

 

 

 

 

 

Two months ago

$800.00

$1,000.00

 

 

 

 

 

 

Last month

$3,200.00

$1,000.00

 

 

 

 

 

 

Income from other sources

$0.00

$0.00

 

 

 

 

 

 

 

Total gross income for six

$ 4,000.00

$ 6,500.00

 

months preceding filing

 

 

 

 

 

$ 666.67

$ 1,083.33

 

Average Monthly Gross

 

Income

 

 

 

 

 

Attached are all payment advices received by the undersigned debtor prior to the petition date, we declare under penalty of perjury that we have read the foregoing statement and that it is true and correct to the best of our knowledge, information, and belief.

Dated: 6/17/2011

/s/ James R. Rosendall, Jr. James R. Rosendall, Jr.

Debtor

Non-Filing Spouse

Case:11-06672-jdg Doc #:1 Filed: 06/17/11 Page 35 of 50

B22A (Official Form 22A) (Chapter 7) (12/10)

In re James R. Rosendall, Jr.

Debtor(s)

Case Number:

(If known)

According to the information required to be entered on this statement (check one box as directed in Part I, III, or VI of this statement):

The presumption arises

The presumption does not arise

The presumption is temporarily inapplicable.

CHAPTER 7 STATEMENT OF CURRENT MONTHLY INCOME

AND MEANS-TEST CALCULATION

In addition to Schedules I and J, this statement must be completed by every individual chapter 7 debtor. If none of the exclusions in Part I applies, joint debtors may complete one statement only. If any of the exclusions in Part I applies, joint debtors should complete separate statements if they believe this is required by § 707(b)(2)(C).

Part I. MILITARY AND NON-CONSUMER DEBTORS

Disabled Veterans. If you are a disabled veteran described in the Declaration in this Part IA, (1) check the box at the beginning of the Declaration, (2) check the box for “The presumption does not arise” at the top of this statement, and (3)

complete the verification in Part VIII. Do not complete any of the remaining parts of this statement.

1A

Declaration of Disabled Veteran. By checking this box, I declare under penalty of perjury that I am a disabled veteran (as defined in 38 U.S.C. § 3741(1)) whose indebtedness occurred primarily during a period in which I was on active duty (as defined in 10 U.S.C. § 101(d)(1)) or while I was performing a homeland defense activity (as defined in 32 U.S.C. §901(1)).

Non-consumer Debtors. If your debts are not primarily consumer debts, check the box below and complete the 1B verification in Part VIII. Do not complete any of the remaining parts of this statement.

Declaration of non-consumer debts. By checking this box, I declare that my debts are not primarily consumer debts.

Reservists and National Guard Members; active duty or homeland defense activity. Members of a reserve component of the Armed Forces and members of the National Guard who were called to active duty (as defined in 10 U.S.C. § 101(d)(1)) after September 11, 2001, for a period of at least 90 days, or who have performed homeland defense activity (as defined in 32 U.S.C. § 901(1)) for a period of at least 90 days, are excluded from all forms of means testing during the time of active duty or homeland defense activity and for 540 days thereafter (the “exclusion period”). If you qualify for this temporary exclusion, (1) check the appropriate boxes and complete any required information in the Declaration of Reservists and National Guard Members below, (2) check the box for “The presumption is temporarily inapplicable” at the top of this statement, and (3) complete the verification in Part VIII. During your exclusion period you are not required to complete the balance of this form, but you must complete the form no later than 14 days after the date on which your exclusion period ends, unless the time for filing a motion raising the means test presumption expires in your case before your exclusion period ends.

1C Declaration of Reservists and National Guard Members. By checking this box and making the appropriate entries below, I declare that I am eligible for a temporary exclusion from means testing because, as a member of a reserve component of the Armed Forces or the National Guard

a. I was called to active duty after September 11, 2001, for a period of at least 90 days and I remain on active duty /or/

I was released from active duty on ________________, which is less than 540 days before this bankruptcy case was filed;

OR

b. I am performing homeland defense activity for a period of at least 90 days /or/

I performed homeland defense activity for a period of at least 90 days, terminating on

_______________, which is less than 540 days before this bankruptcy case was filed.

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

Case:11-06672-jdg Doc #:1 Filed: 06/17/11

Page 36 of 50

B22A (Official Form 22A) (Chapter 7) (12/10)

2

Marital/filing status. Check the box that applies and complete the balance of this part of this statement as directed.

a.

Unmarried. Complete only Column A ("Debtor's Income") for Lines 3-11.

b.

Married, not filing jointly, with declaration of separate households. By checking this box, debtor declares under

 

 

penalty of perjury: "My spouse and I are legally separated under applicable non-bankruptcy law or my spouse

 

 

and I are living apart other than for the purpose of evading the requirements of § 707(b)(2)(A) of the Bankruptcy

2Code." Complete only Column A ("Debtor's Income") for Lines 3-11.

c. Married, not filing jointly, without the declaration of separate households set out in line 2.b above. Complete

both Column A ("Debtor's Income") and Column B ("Spouse's Income") for Lines 3-11.

 

 

d.

Married, filing jointly. Complete both Column A ("Debtor's Income") and Column B ("Spouse's Income") for

 

 

 

 

Lines 3-11.

 

 

 

 

 

 

 

 

 

 

 

 

All figures must reflect average monthly income received from all sources, derived during the

Column A

Column B

 

 

six calendar months prior to filing the bankruptcy case, ending on the last day of the month

Debtor's

Spouse's

 

 

before the filing. If the amount of monthly income varied during the six months, you must

Income

Income

 

 

divide the six-month total by six, and enter the result on the appropriate line.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3

 

Gross wages, salary, tips, bonuses, overtime, commissions.

 

 

 

 

 

 

$

$

 

Income from the operation of a business, profession or farm. Subtract Line b from

 

 

4

Line a and enter the difference in the appropriate column(s) of Line 4. If you operate more

 

 

 

than one business, profession or farm, enter aggregate numbers and provide details on an

 

 

 

attachment. Do not enter a number less than zero. Do not include any part of the business

 

 

 

expenses entered on Line b as a deduction in Part V.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

a.

 

Gross Receipts

 

 

$

 

 

 

 

 

 

 

 

 

b.

 

Ordinary and necessary business expenses

 

 

$

 

 

 

 

 

 

 

 

 

c.

 

Business income

 

 

Subtract Line b from Line a

 

$

$

 

 

 

 

 

 

 

 

 

 

 

 

 

Rent and other real property income. Subtract Line b from Line a and enter the difference in

 

 

 

 

the appropriate column(s) of Line 5. Do not enter a number less than zero. Do not include

 

 

 

 

any part of the operating expenses entered on Line b as a deduction in Part V.

 

 

5

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

a.

 

Gross Receipts

 

 

$

 

 

 

 

 

 

 

 

 

b.

 

Ordinary and necessary operating expenses

 

 

$

 

 

 

 

 

$

$

 

 

c.

 

Rent and other real property income

 

 

Subtract Line b from Line a

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

6

 

Interest, dividends, and royalties.

 

 

 

 

 

 

 

 

$

$

7

 

Pension and retirement income.

 

 

 

 

 

 

 

 

$

$

8

Any amounts paid by another person or entity, on a regular basis, for the household

$

$

 

expenses of the debtor or the debtor’s dependents, including child support paid for

 

that purpose. Do not include alimony or separate maintenance payments or amounts paid by

 

 

 

your spouse if Column B is completed. Each regular payment should be reported in only one

 

 

 

column; if a payment is listed in Column A, do not report that payment in Column B.

 

 

 

 

 

 

 

Unemployment compensation. Enter the amount in the appropriate column(s) of Line 9.

 

 

 

 

However, if you contend that unemployment compensation received by you or your spouse

 

 

9

 

was a benefit under the Social Security Act, do not list the amount of such compensation in

 

 

 

Column A or B, but instead state the amount in the space below:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unemployment compensation claimed to

 

Debtor $

 

 

Spouse $

 

 

 

 

 

be a benefit under the Social Security Act

 

 

 

 

$

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Income from all other sources. Specify source and amount. If necessary, list additional sources on a separate page. Do not include alimony or separate maintenance payments paid by your spouse if Column B is completed, but include all other payments of

10alimony or separate maintenance. Do not include any benefits received under the Social Security Act or payments received as a victim of a war crime, crime against humanity, or as a victim of international or domestic terrorism.

 

 

 

 

 

Case:11-06672-jdg

Doc #:1 Filed: 06/17/11 Page 37 of 50

 

B22A (Official Form 22A) (Chapter 7) (12/10)

 

 

 

 

 

 

 

 

 

3

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

a.

 

 

 

 

$

 

 

 

 

 

 

 

 

Total and enter on Line 10.

 

 

 

 

 

 

$

 

 

$

11

 

Subtotal of Current Monthly Income for § 707(b)(7). Add Lines 3 thru 10 in Column A, and,

$

 

 

$

 

if Column B is completed, add Lines 3 thru 10 in Column B. Enter the total(s).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total Current Monthly Income for § 707(b)(7). If Column B has been completed, add Line

$

 

 

 

12

 

11, Column A to Line 11, Column B, and enter the total. If Column B has not been completed,

 

 

 

 

 

 

 

 

 

 

enter the amount from Line 11, Column A.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Part III. APPLICATION OF § 707(b)(7) EXCLUSION

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

13

 

Annualized Current Monthly Income for § 707(b)(7). Multiply the amount from Line 12 by the number 12 and

 

 

enter the result.

 

 

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

 

 

 

 

 

 

Applicable median family income. Enter the median family income for the applicable state and household size. (This

 

14

 

information is available by family size at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court.)

 

 

 

 

 

a. Enter debtor’s state of residence:

 

b. Enter debtor’s household size:

 

 

 

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Application of Section 707(b)(7). Check the applicable box and proceed as directed.

 

 

 

 

15

 

The amount on Line 13 is less than or equal to the amount on Line 14. Check the box for “The presumption does not

 

 

 

 

arise” at the top of page 1 of this statement, and complete Part VIII; do not complete Parts IV, V, VI or VII.

 

 

 

The amount on Line 13 is more than the amount on Line 14. Complete the remaining parts of this statement.

 

 

 

 

 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Part IV. CALCULATION OF CURRENT MONTHLY INCOME FOR § 707(b)(2)

 

16

 

Enter the amount from Line 12.

 

 

 

 

 

 

 

 

 

$

17

 

Marital adjustment. If you checked the box at Line 2.c, enter on Line 17 the total of any income listed in

 

 

Line 11, Column B that was NOT paid on a regular basis for the household expenses of the debtor or the

 

 

 

 

 

 

debtor’s dependents. Specify in the lines below the basis for excluding the Column B income (such as

 

 

 

payment of the spouse’s tax liability or the spouse’s support of persons other than the debtor or the debtor’s

 

 

 

dependents) and the amount of income devoted to each purpose. If necessary, list additional adjustments on

 

 

 

a separate page. If you did not check box at Line 2.c, enter zero.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

a.

 

 

$

 

 

 

 

 

 

 

 

Total and enter on Line 17 .

 

 

 

 

 

 

 

 

 

$

18

 

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

 

 

 

$

 

 

 

 

 

Part V. CALCULATION OF DEDUCTIONS FROM INCOME

 

 

 

 

 

 

 

 

 

Subpart A: Deductions under Standards of the Internal Revenue Service (IRS)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

National Standards: food, clothing and other items. Enter in Line 19A the “Total” amount from IRS

 

19A

 

National Standards for Food, Clothing and Other Items for the applicable number of persons. (This

 

 

information is available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court.) The applicable

 

 

 

 

 

 

number of persons is the number that would currently be allowed as exemptions on your federal income tax

 

 

 

return, plus the number of any additional dependents whom you support.

 

 

 

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Case:11-06672-jdg

Doc #:1

Filed: 06/17/11

Page 38 of 50

 

B22A (Official Form 22A) (Chapter 7) (12/10)

 

 

 

 

 

 

 

 

 

 

 

4

 

 

National Standards: health care. Enter in Line a1 below the amount from IRS National Standards for Outof-

 

19B

 

 

 

Pocket Health Care for persons under 65 years of age, and in Line a2 the IRS National Standards for Outof-

 

 

 

 

 

 

Pocket Health Care for persons 65 years of age or older. (This information is available at www.usdoj.gov/ust/

 

 

 

or from the clerk of the bankruptcy court.) Enter in Line b1 the applicable number of persons who are under

 

 

 

65 years of age, and enter in Line b2 the applicable number of persons who are 65 years of age or older.

 

 

 

(The applicable number of persons in each age category is the number in that category that would currently

 

 

 

be allowed as exemptions on your federal income tax return, plus the number of any additional dependents

 

 

 

whom you support.) Multiply Line a1 by Line b1 to obtain a total amount for persons under 65, and enter the

 

 

 

result in Line c1. Multiply Line a2 by Line b2 to obtain a total amount for persons 65 and older, and enter the

 

 

 

result in Line c2. Add Lines c1 and c2 to obtain a total health care amount, and enter the result in Line 19B.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Persons under 65 years of age

 

Persons 65 years of age or older

 

 

 

 

 

a1.

Allowance per person

 

 

a2.

 

Allowance per person

 

 

 

 

 

 

b1.

Number of persons

 

 

b2.

 

Number of persons

 

 

 

 

 

 

 

 

c1.

Subtotal

 

 

c2.

 

Subtotal

 

 

 

 

 

 

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Local Standards: housing and utilities; non-mortgage expenses. Enter the amount of the IRS Housing

 

20A

 

and Utilities Standards; non-mortgage expenses for the applicable county and family size. (This information is

 

 

available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court). The applicable family size consists

 

 

 

 

 

 

of the number that would currently be allowed as exemptions on your federal income tax return, plus the

 

 

 

number of any additional dependents whom you support.

 

 

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

 

Local Standards: housing and utilities; mortgage/rent expense. Enter, in Line a below, the amount of

 

 

 

the IRS Housing and Utilities Standards; mortgage/rent expense for your county and family size (this

 

20B

 

information is available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court)(the applicable

 

 

family size consists of the number that would currently be allowed as exemptions on your federal income tax

 

 

 

 

 

 

return, plus the number of any additional dependents whom you support); enter on Line b the

 

 

 

 

 

total of the Average Monthly Payments for any debts secured by your home, as stated in Line 42; subtract

 

 

 

Line b from Line a and enter the result in Line 20B. Do not enter an amount less than zero.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

a.

 

IRS Housing and Utilities Standards; mortgage/rental

 

 

$

 

 

 

 

 

 

 

 

 

 

 

expense

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

b.

 

Average Monthly Payment for any debts secured by home, if

$

 

 

 

 

 

 

 

 

 

 

 

any, as stated in Line 42.

 

 

 

 

 

 

 

 

 

 

 

$

 

 

c.

 

Net mortgage/rental expense

 

 

 

 

Subtract Line b from Line a

 

 

 

 

 

Local Standards: housing and utilities; adjustment. If you contend that the process set out in Lines 20A

 

 

 

and 20B does not accurately compute the allowance to which you are entitled under the IRS Housing and

 

21

 

Utilities Standards, enter any additional amount to which you contend you are entitled, and state the basis for

 

 

 

your contention in the space below:

 

 

 

 

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Local Standards: transportation; vehicle operation/public transportation expense. You are entitled to

 

 

 

an expense allowance in this category regardless of whether you pay the expenses of operating a vehicle

 

 

 

and regardless of whether you use public transportation.

 

 

 

 

 

 

 

 

 

 

 

 

Check the number of vehicles for which you pay the operating expenses or for which the operating expenses

 

22A

 

are included as a contribution to your household expenses in Line 8.

0

1

2 or more.

 

If you checked 0, enter on Line 22A the “Public Transportation” amount from IRS Local Standards:

 

 

 

 

Transportation. If you checked 1 or 2 or more, enter on Line 22A the “Operating Costs” amount from IRS

$

 

Local Standards: Transportation for the applicable number of vehicles in the applicable Metropolitan

 

 

 

Statistical Area or Census Region. (These amounts are available at www.usdoj.gov/ust/ or from the clerk of

 

 

the bankruptcy court.)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

22B

 

Local Standards: transportation; additional public transportation expense. If you pay the operating

 

 

expenses for a vehicle and also use public transportation, and you contend that you are entitled to an

 

 

 

additional deduction for your public transportation expenses, enter on Line 22B the “Public Transportation”

 

 

 

amount from IRS Local Standards: Transportation. (This amount is available at www.usdoj.gov/ust/ or from

$

 

 

the clerk of the bankruptcy court.)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Case:11-06672-jdg Doc #:1 Filed: 06/17/11

Page 39 of 50

B22A (Official Form 22A) (Chapter 7) (12/10)

5

Local Standards: transportation ownership/lease expense; Vehicle 1. Check the number of vehicles for which you claim an ownership/lease expense. (You may not claim an ownership/lease expense for more than two vehicles.)

1 2 or more.

Enter, in Line a below, the “Ownership Costs” for “One Car” from the IRS Local Standards: Transportation

23(available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court); enter in Line b the total of the Average Monthly Payments for any debts secured by Vehicle 1, as stated in Line 42; subtract Line b from Line a and enter the result in Line 23. Do not enter an amount less than zero.

a.

IRS Transportation Standards, Ownership Costs

$

 

b.

Average Monthly Payment for any debts secured by Vehicle

$

 

 

1, as stated in Line 42.

$

c.

Net ownership/lease expense for Vehicle 1

Subtract Line b from Line a

Local Standards: transportation ownership/lease expense; Vehicle 2. Complete this Line only if you checked the “2 or more” Box in Line 23.

Enter, in Line a below, the “Ownership Costs” for “One Car” from the IRS Local Standards: Transportation

24(available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court); enter in Line b the total of the Average Monthly Payments for any debts secured by Vehicle 2, as stated in Line 42; subtract Line b from Line a and enter the result in Line 24. Do not enter an amount less than zero.

 

 

a.

IRS Transportation Standards, Ownership Costs

 

$

 

 

 

 

b.

Average Monthly Payment for any debts secured by Vehicle

 

$

 

 

 

 

 

2, as stated in Line 42

 

 

 

 

 

 

c.

Net ownership/lease expense for Vehicle 2

 

Subtract Line b from Line a

 

$

 

 

 

 

 

 

 

 

Other Necessary Expenses: taxes. Enter the total average monthly expense that you actually incur for all

 

25

 

federal, state and local taxes, other than real estate and sales taxes, such as income taxes, self employment

$

 

 

taxes, social security taxes, and Medicare taxes. Do not include real estate or sales taxes.

 

 

 

 

 

 

 

Other Necessary Expenses: involuntary deductions for employment. Enter the total average monthly

 

26

payroll deductions that are required for your employment, such as retirement contributions, union dues, and

 

uniform costs. Do not include discretionary amounts, such as voluntary 401(k) contributions.

$

 

Other Necessary Expenses: life insurance. Enter total average monthly premiums that you actually

 

27

pay for term life insurance for yourself. Do not include premiums for insurance on your dependents, for

$

whole life or for any other form of insurance.

 

 

 

 

 

 

Other Necessary Expenses: court-ordered payments. Enter the total monthly amount that you are

 

28

required to pay pursuant to the order of a court or administrative agency, such as spousal or child support

$

payments. Do not include payments on past due obligations included in Line 44.

 

 

 

 

 

 

 

Other Necessary Expenses: education for employment or for a physically or mentally challenged

 

29

child. Enter the total average monthly amount that you actually expend for education that is a condition of

 

employment and for education that is required for a physically or mentally challenged dependent child for

$

 

 

whom no public education providing similar services is available.

 

 

 

 

 

 

 

Other Necessary Expenses: childcare. Enter the total average monthly amount that you actually expend on

 

30

childcare—such as baby-sitting, day care, nursery and preschool. Do not include other educational

$

payments.

 

 

 

 

 

 

 

 

 

 

 

Other Necessary Expenses: health care. Enter the total average monthly amount that you actually expend

 

31

on health care that is required for the health and welfare of yourself or your dependents, that is not

 

 

reimbursed by insurance or paid by a health savings account, and that is in excess of the amount entered in

$

 

Line 19B. Do not include payments for health insurance or health savings accounts listed in Line 34.

 

 

 

 

 

 

Other Necessary Expenses: telecommunication services. Enter the total average monthly amount that

 

32

you actually pay for telecommunication services other than your basic home telephone and cell phone

 

 

service— such as pagers, call waiting, caller id, special long distance, or internet service—to the extent

 

 

necessary for your health and welfare or that of your dependents. Do not include any amount previously

$

 

deducted.

 

 

 

 

 

 

33

 

Total Expenses Allowed under IRS Standards. Enter the total of Lines 19 through 32.

$

 

 

 

Subpart B: Additional Living Expense Deductions

 

 

 

 

 

 

 

 

 

 

 

 

 

Case:11-06672-jdg Doc #:1

Filed: 06/17/11 Page 40 of 50

 

B22A (Official Form 22A) (Chapter 7) (12/10)

 

 

6

 

 

 

 

 

 

 

 

 

 

 

 

 

Note: Do not include any expenses that you have listed in Lines 19-32

 

 

Health Insurance, Disability Insurance, and Health Savings Account Expenses. List the monthly

 

 

expenses in the categories set out in lines a-c below that are reasonably necessary for yourself, your spouse,

 

 

or your dependents.

 

 

 

 

 

 

 

 

 

 

 

 

34

 

 

a.

Health Insurance

$

 

 

 

 

b.

Disability Insurance

$

 

 

 

 

 

 

 

 

 

 

c.

Health Savings Account

$

 

 

 

Total and enter on Line 34

 

 

$

 

 

 

 

 

 

 

 

 

If you do not actually expend this total amount, state your actual total average monthly expenditures in

 

 

the space below:

 

 

 

 

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Continued contributions to the care of household or family members. Enter the total average actual

 

35

monthly expenses that you will continue to pay for the reasonable and necessary care and support of an

$

elderly, chronically ill, or disabled member of your household or member of your immediate family who is

 

 

 

unable to pay for such expenses.

 

 

 

36

Protection against family violence. Enter the total average reasonably necessary monthly expenses that

$

you actually incurred to maintain the safety of your family under the Family Violence Prevention and

 

Services Act or other applicable federal law. The nature of these expenses is required to be kept confidential

 

 

by the court.

 

 

 

 

 

 

 

 

 

 

 

 

Home energy costs. Enter the total average monthly amount, in excess of the allowance specified by IRS

 

37

Local Standards for Housing and Utilities, that you actually expend for home energy costs. You must

$

provide your case trustee with documentation of your actual expenses, and you must demonstrate

 

 

 

that the additional amount claimed is reasonable and necessary.

 

 

Education expenses for dependent children less than 18. Enter the total average monthly expenses that

 

 

you actually incur, not to exceed $147.92* per child, for attendance at a private or public elementary or

 

38

secondary school by your dependent children less than 18 years of age. You must provide your case

 

trustee with documentation of your actual expenses, and you must explain why the amount claimed is

$

 

 

reasonable and necessary and not already accounted for in the IRS Standards.

 

 

Additional food and clothing expense. Enter the total average monthly amount by which your food and

 

 

clothing expenses exceed the combined allowances for food and clothing (apparel and services) in the IRS

 

39

National Standards, not to exceed 5% of those combined allowances. (This information is available at

 

www.usdoj.gov/ust/ or from the clerk of the bankruptcy court.) You must demonstrate that the additional

 

 

$

 

amount claimed is reasonable and necessary.

 

 

 

 

 

 

40

 

Continued charitable contributions. Enter the amount that you will continue to contribute in the form of cash or

 

 

financial instruments to a charitable organization as defined in 26 U.S.C. § 170(c)(1)-(2).

$

 

 

 

 

 

41

Total Additional Expense Deductions under § 707(b). Enter the total of Lines 34 through 40.

$

 

 

 

 

 

 

 

 

 

Subpart C: Deductions for Debt Payment

Future payments on secured claims. For each of your debts that is secured by an interest in property that you own, list the name of the creditor, identify the property securing the debt, state the Average Monthly Payment, and check whether the payment includes taxes or insurance. The Average Monthly Payment is the total of all amounts scheduled as contractually due to each Secured Creditor in the 60 months following the filing of the bankruptcy case, divided by 60. If necessary, list additional entries on a separate page. Enter

42 the total of the Average Monthly Payments on Line 42.

 

Name of

Property Securing the Debt

Average

Does payment

 

 

Creditor

 

Monthly

include taxes

 

 

 

 

Payment

or insurance?

 

a.

 

 

$

yes no

 

 

 

 

 

Total: Add Lines a, b and c

$

* Amount subject to adjustment on 4/01/13, and every three years thereafter with respect to cases commenced on or after the date of adjustment.

Case:11-06672-jdg Doc #:1 Filed: 06/17/11

Page 41 of 50

B22A (Official Form 22A) (Chapter 7) (12/10)

7

Other payments on secured claims. If any of debts listed in Line 42 are secured by your primary residence, a motor vehicle, or other property necessary for your support or the support of your dependents, you may include in your deduction 1/60th of any amount (the “cure amount”) that you must pay the creditor in addition to the payments listed in Line 42, in order to maintain possession of the property. The cure amount would include any sums in default that must be paid in order to avoid repossession or foreclosure.

43List and total any such amounts in the following chart. If necessary, list additional entries on a separate page.

 

 

 

Name of Creditor

Property Securing the Debt

 

1/60th of the Cure Amount

 

 

 

 

 

 

 

 

 

Total: Add Lines a, b and c

$

 

 

 

 

 

 

 

 

 

44

 

Payments on prepetition priority claims. Enter the total amount, divided by 60, of all priority claims, such

 

 

$

 

as priority tax, child support and alimony claims, for which you were liable at the time of your bankruptcy

 

 

 

 

filing. Do not include current obligations, such as those set out in Line 28.

 

 

 

 

 

Chapter 13 administrative expenses. If you are eligible to file a case under Chapter 13, complete the

 

 

 

 

 

following chart, multiply the amount in line a by the amount in line b, and enter the resulting administrative

 

 

 

 

 

expense.

 

 

 

 

 

 

 

 

a.

Projected average monthly Chapter 13 plan payment.

$

 

 

 

 

45

 

b.

Current multiplier for your district as determined under schedules

 

 

 

 

 

 

 

issued by the Executive Office for United States Trustees. (This

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

information is available at www.usdoj.gov/ust/ or from the clerk of the

 

 

 

 

 

 

 

 

bankruptcy court.)

 

x

 

 

 

c.Average monthly administrative expense of Chapter 13 case

 

 

Total: Multiply Lines a and b

$

46

 

Total Deductions for Debt Payment. Enter the total of Lines 42 through 45.

$

 

 

Subpart D: Total Deductions from Income

 

 

 

 

 

 

 

47

 

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

 

$

 

 

 

 

 

 

Part VI. DETERMINATION OF § 707(b)(2) PRESUMPTION

 

 

 

 

48

Enter the amount from Line 18 (Current monthly income for § 707(b)(2))

$

49

Enter the amount from Line 47 (Total of all deductions allowed under § 707(b)(2))

$

50

Monthly disposable income under § 707(b)(2). Subtract Line 49 from Line 48 and enter the result

$

51

60-month disposable income under § 707(b)(2). Multiply the amount in Line 50 by the number 60 and enter the

$

 

result.

 

 

Initial presumption determination. Check the applicable box and proceed as directed.

 

 

The amount on Line 51 is less than $7,025* Check the box for “The presumption does not arise” at the top of page 1 of this

 

statement, and complete the verification in Part VIII. Do not complete the remainder of Part VI.

 

52

The amount set forth on Line 51 is more than $11,725*. Check the box for “The presumption arises” at the top of page 1 of

 

this statement, and complete the verification in Part VIII. You may also complete Part VII. Do not complete the remainder of Part VI.

 

The amount on Line 51 is at least $7,025*, but not more than $11,725*. Complete the remainder of Part VI (Lines 53

 

through 55).

 

53

Enter the amount of your total non-priority unsecured debt

$

54

Threshold debt payment amount. Multiply the amount in Line 53 by the number 0.25 and enter the result.

$

 

Secondary presumption determination. Check the applicable box and proceed as directed.

 

 

The amount on Line 51 is less than the amount on Line 54. Check the box for “The presumption does not arise” at the top

55

of page 1 of this statement, and complete the verification in Part VIII.

 

 

The amount on Line 51 is equal to or greater than the amount on Line 54. Check the box for “The presumption arises” at

 

the top of page 1 of this statement, and complete the verification in Part VIII. You may also complete Part VII.

 

* Amount subject to adjustment on 4/01/13, and every three years thereafter with respect to cases commenced on or after the date of adjustment.

Case:11-06672-jdg Doc #:1 Filed: 06/17/11

Page 42 of 50

B22A (Official Form 22A) (Chapter 7) (12/10)

8

Part VII. ADDITIONAL EXPENSE CLAIMS

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

56

 

 

 

 

 

 

Expense Description

Monthly Amount

 

 

 

 

 

 

 

 

Total: Add Lines a, b, and c

$

 

 

 

 

Part VIII: VERIFICATION

 

I declare under penalty of perjury that the information provided in this statement is true and correct. (If this a joint case,

 

both debtors must sign.)

 

Signature: /s/ James R. Rosendall, Jr.

57

Date: 6/17/2011

 

 

 

 

 

 

James R. Rosendall, Jr., (Debtor)

 

 

 

 

 

 

 

 

Case:11-06672-jdg Doc #:1 Filed: 06/17/11 Page 43 of 50

Form 6 - Statistical Summary (12/07)

United States Bankruptcy Court

Western District of Michigan

In re James R. Rosendall, Jr.

,

Case No.

 

 

 

 

7

 

Debtor

Chapter

 

 

STATISTICAL SUMMARY OF CERTAIN LIABILITIES AND RELATED DATA (28 U.S.C. § 159)

If you are an individual debtor whose debts are primarily consumer debts, as defined in § 101(8) of the Bankruptcy Code (11 U.S.C.

§101(8)), filing a case under chapter 7, 11 or 13, you must report all information requested below.

Check this box if you are an individual debtor whose debts are NOT primarily consumer debts. You are not required to report any information here.

This information is for statistical purposes only under 28 U.S.C. § 159.

Summarize the following types of liabilities, as reported in the Schedules, and total them.

Type of Liability

Amount

 

 

Domestic Support Obligations (from Schedule E)

$

0.00

 

 

Taxes and Certain Other Debts Owed to Governmental Units (from

 

 

 

 

Schedule E)

$

0.00

 

 

Claims for Death or Personal Injury While Debtor Was

 

 

 

 

Intoxicated (from Schedule E) (whether disputed or undisputed)

$

0.00

 

 

Student Loan Obligations (from Schedule F)

$

0.00

 

 

Domestic Support, Separation Agreement, and Divorce Decree

 

 

 

 

Obligations Not Reported on Schedule E.

$

0.00

 

 

Obligations to Pension or Profit-Sharing, and Other Similar

 

 

 

 

Obligations (from Schedule F)

$

0.00

 

 

TOTAL

$

0.00

 

 

State the following:

 

 

 

 

 

 

 

 

 

Average Income (from Schedule I, Line 16)

$

4,243.14

 

 

Average Expenses (from Schedule J, Line 18)

$

7,454.00

 

 

Current Monthly Income (from Form 22A Line 12; OR, Form

$

 

 

 

22B Line 11; OR, Form 22C Line 20 )

0.00

 

 

State the following:

 

 

 

 

 

 

 

 

 

1. Total from Schedule D, “UNSECURED PORTION, IF ANY”

 

 

 

 

column

 

 

$

384,000.00

2. Total from Schedule E, “AMOUNT ENTITLED TO PRIORITY”

 

 

 

 

column.

$

0.00

 

 

3. Total from Schedule E, “AMOUNT NOT ENTITLED TO

 

 

 

 

PRIORITY, IF ANY” column

 

 

$

0.00

4. Total from Schedule F

 

 

$

6,576,393.00

5. Total of non-priority unsecured debt (sum of 1, 3, and 4)

 

 

$

6,960,393.00

Case:11-06672-jdg Doc #:1 Filed: 06/17/11 Page 44 of 50

UNITED STATES BANKRUPTCY COURT

FOR THE WESTERN DISTRICT OF MICHIGAN

IN RE:

 

 

 

James R. Rosendall, Jr.

 

Case No.:

 

 

 

Chapter

7

 

Debtor(s)

 

 

 

 

 

ASSET PROTECTION REPORT

Pursuant to Local Bankruptcy Rule 1007-2(c), debtors filing Chapter 7 petitions and debtors in cases converting to Chapter 7 must file an Asset Protection Report giving information about the status of insurance coverage on assets in the estate. The back of this page shall be completed with the following information: (1) description of the asset and location; (2) the debtor’s insurance agent for the asset, or if none, the insurance underwriter; (3) the policy limit of the policy with respect to the asset; (4) the expiration date of the policy and (5) if the asset is secured, the name of the secured party and whether the debtor insures the interest of that party. If the debtor has sufficient insurance coverages to protect any exemptible interest in real or personal property or does not want the trustee of the estate to use estate funds to procure such coverages, the debtor(s) may sign the waiver below.

Debtors are requested to provide the trustee with copies of all insurance policies and/or declarations representing each insurable asset with fifteen (15) days of the filing of the petition.

REQUEST TO TRUSTEE

NOT TO INSURE EXEMPTIBLE ASSETS

I(we) declare, under penalty of perjury, I(we) intend to provide insurance protection for any exemptible interests in real or personal property in this estate, and I request that the trustee not expend estate funds to procure insurance coverage for my

exemptible assets.

Date: 6/17/2011

 

/s/ James R. Rosendall, Jr.

 

 

 

 

James R. Rosendall, Jr.

At:

 

 

Debtor

 

 

 

 

 

 

Case:11-06672-jdg

Doc #:1 Filed: 06/17/11

Page 45 of 50

 

 

 

Name & Address of

Policy Limit and

Secured Parties

Type of Asset

Description & Location

Insurance Agent or

Do you insure

 

 

Underwriter

Expiration Date

their

 

 

 

 

 

 

 

 

 

 

Real Property

(Include any property in which the debtor has an interest, including leased property if the lease requires the debtor to maintain insurance coverages)

RESIDENCE AT 3050 RIDGE

STATE FARM

$1,091,000; 7/17/12

Yes

PORT DRIVE, NW, GRAND

 

 

 

RAPIDS MI 49544, PPN

 

 

 

41-09-33-125-018

 

 

 

Personal Property

NONE

Dated: 6/17/2011

/s/ James R. Rosendall, Jr.

 

 

 

James R. Rosendall, Jr.

Case:11-06672-jdg Doc #:1 Filed: 06/17/11 Page 46 of 50

UNITED STATES BANKRUPTCY COURT

FOR THE WESTERN DISTRICT OF MICHIGAN

IN RE:

James R. Rosendall, Jr.

Case No.:

Debtor(s)

VERIFICATION OF CREDITOR MATRIX

I(we), hereby declare, under penalty of perjury, that the attached list of creditors is true and correct to the best of my(our) knowledge.

Date:

6/17/2011

 

 

 

 

At:

 

 

 

/s/Michael M. Malinowski

 

 

 

 

 

 

 

 

 

Michael M. Malinowski

 

 

 

 

Attorney for Debtor(s)

 

 

 

 

Bar no.:

P38400

 

 

 

 

Michael M. Malinowski PLC

 

 

 

 

740 Alger Street, S.E.

 

 

 

 

Grand Rapids, MI 49507

 

 

 

 

Telephone No.:

616-475-4994

 

 

 

 

Fax No.:

616-475-5313

E-mail address:

-OR -

/s/ James R. Rosendall, Jr. James R. Rosendall, Jr.,

Debtor

Case:11-06672-jdg Doc #:1 Filed: 06/17/11 Page 47 of 50

ALLIANCE LEASING & RENTAL, LLC 2751 ALPINE NNW

GRAND RAPIDS MI 49544

CALVIN CHRISTIAN SCHOOL ASSN 3750 IVANREST SW

GRANDVILLE MI 49418

CHEMICAL BANK

PO BOX 41220

GRAND RAPIDS MI 49514-1220

COMERICA BANK 99 MONROE AVE NW

GRAND RAPIDS MI 49503

FIFTH THIRD BANK

1850 E PARIS SE GRAND RAPIDS MI 49546

FIFTH THIRD MTG - MI, LLC 5001 KINGSLEY DRIVE

MD 1MOB3A CINCINNATI OH 45227

FOSTER SWIFT

313 S WASHINGTON SQUARE LANSING MI 48933

MERCANTILE BANK

310 LEONARD NW

GRAND RAPIDS MI 49504

MRS DEVELOPMENT

2751 ALPINE NW

GRAND RAPIDS MI 49544

Case:11-06672-jdg Doc #:1 Filed: 06/17/11 Page 48 of 50

RIETH RILEY CONST CO INC PO BOX 477

GOSHEN IN 46527

RIETH RILEY CONSTRUCTION CO INC 3626 ELKHART ROAD

GOSHEN IN 46527

ROSS LEISMAN @ MMBJ 900 MONROE AVE NW GRAND RAPIDS MI 49502

SPECTRUM HEALTH PO BOX 2127

GRAND RAPIDS MI 49501-2127

SPECTRUM HEALTH 100 MICHIGAN ST NE

GRAND RAPIDS MI 49503

TRAILS END CLUB, LLC 2751 ALPINE NW

GRAND RAPIDS MI 49544

US DEPT OF JUSTICE

PO BOX 208

GRAND RAPIDS MI 49501

Case:11-06672-jdg Doc #:1 Filed: 06/17/11 Page 49 of 50

B 1D (Official Form 1, Exhibit D) (12/09)

UNITED STATES BANKRUPTCY COURT

Western District of Michigan

In re James R. Rosendall, Jr.

Case No.

 

Debtor

 

(if known)

EXHIBIT D - INDIVIDUAL DEBTOR'S STATEMENT OF COMPLIANCE WITH

CREDIT COUNSELING REQUIREMENT

Warning: You must be able to check truthfully one of the five statements regarding credit counseling listed below. If you cannot do so, you are not eligible to file a bankruptcy case, and the court can dismiss any case you do file. If that happens, you will lose whatever filing fee you paid, and your creditors will be able to resume collection activities against you. If your case is dismissed and you file another bankruptcy case later, you may be required to pay a second filing fee and you may have to take extra steps to stop creditors' collection activities.

Every individual debtor must file this Exhibit D. If a joint petition is filed, each spouse must complete and file a separate Exhibit D. Check one of the five statements below and attach any documents as directed.

 1. Within the 180 days before the filing of my bankruptcy case, I received a briefing from a credit counseling agency approved by the United States trustee or bankruptcy administrator that outlined the opportunities for available credit counseling and assisted me in performing a related budget analysis, and I have a certificate from the agency describing the services provided to me. Attach a copy of the certificate and a copy of any debt repayment

plan developed through the agency.

2. Within the 180 days before the filing of my bankruptcy case, I received a briefing from a credit counseling agency approved by the United States trustee or bankruptcy administrator that outlined the opportunities for available credit counseling and assisted me in performing a related budget analysis, but I do not have a certificate from the agency describing the services provided to me. You must file a copy of a certificate from the agency

describing the services provided to you and a copy of any debt repayment plan developed through the agency no later than 14 days after your bankruptcy case is filed.

3. I certify that I requested credit counseling services from an approved agency but was unable to obtain the services during the seven days from the time I made my request, and the following exigent circumstances merit a temporary waiver of the credit counseling requirement so I can file my bankruptcy case now. [Summarize

exigent circumstances here.]

If your certification is satisfactory to the court, you must still obtain the credit counseling briefing within the first 30 days after you file your bankruptcy petition and promptly file a certificate from the agency that provided the counseling, together with a copy of any debt management plan developed through the agency. Failure to fulfill these requirements may result in dismissal of your case. Any extension of the 30-day deadline can be granted only for cause and is limited to a maximum of 15 days. Your case may also be dismissed if the court is not satisfied with your reasons for filing your bankruptcy case without first receiving a credit counseling briefing.

Case:11-06672-jdg Doc #:1 Filed: 06/17/11 Page 50 of 50

B 1D (Official Form 1, Exh. D) (12/09) – Cont.

4. I am not required to receive a credit counseling briefing because of: [Check the applicable statement.] [Must be accompanied by a motion for determination by the court.]

Incapacity. (Defined in 11 U.S.C. § 109(h)(4) as impaired by reason of mental illness or mental deficiency so as to be incapable of realizing and making rational decisions with respect to financial responsibilities.);

Disability. (Defined in 11 U.S.C. § 109(h)(4) as physically impaired to the extent of being unable, after reasonable effort, to participate in a credit counseling briefing in person, by telephone, or through the Internet.);

Active military duty in a military combat zone.

5. The United States trustee or bankruptcy administrator has determined that the credit counseling requirement of 11 U.S.C. ' 109(h) does not apply in this district.

I certify under penalty of perjury that the information provided above is true and correct.

Signature of Debtor: /s/ James R. Rosendall, Jr.

James R. Rosendall, Jr.

Date: 6/17/2011

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