Preview
Timothy M. Ryan, Bar No. 178059
1 Michael W. Stoltzman, Jr., Bar No. 263423
2 THE RYAN FIRM ELECTRONICALLY
A Professional Corporation
3 30 Corporate Park, Suite 310 F I L E D
Superior Court of California,
Irvine, CA 92606 County of San Francisco
4 Telephone (949) 263-1800; Fax (949) 872-2211 03/27/2020
Clerk of the Court
5 Attorneys for Defendant Seterus, Inc. BY: ERNALYN BURA
Deputy Clerk
6
7
8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SAN FRANCISCO
10
11 TIMOTHY S. BOSTWICK, an CASE NO.: CGC-19-573030
individual; and MICHELE L. Limited Jurisdiction
12 NESSIER, individual; Date Action Filed: January 22, 2019
A Professional Corporation
THE RYAN FIRM
13
Plaintiffs, Assigned for All Purposes to
14 Hon. Ethan P. Schulman
vs. DEPT. 302
15
SETERUS, INC., a business entity; REQUEST BY DEFENDANT SETERUS,
16 and DOES 1 through 10, inclusive, INC. FOR JUDICIAL NOTICE IN
SUPPORT OF MOTION FOR
17 Defendants. JUDGMENT ON THE PLEADINGS ON
18 PLAINTIFFS’ COMPLAINT
19 Date: May 4, 2020
Time: 9:30 a.m.
20 Dept.: 302
Res. ID.: 03270504-04
21
22 Trial Date: None set.
23
24
25
26
27
28
1
Request for Judicial Notice
1 PLEASE TAKE NOTICE that defendant Seterus, Inc. (“Seterus” or
2 “Defendant”) requests that the Court take judicial notice of the following documents
3 (“Subject Documents”) in support of its motion for judgment on the pleadings with
4 respect to the complaint filed by plaintiffs Timothy S. Bostwick and Michele L. Nessier
5 (“Plaintiffs”):
6
7 Exhibit Document
8 “1” “Deed of Trust” dated May 12, 2004, executed by Plaintiffs, naming First
9 Horizon Home Loan Corporation as the “lender,” “beneficiary,” and “trustee.”
10 This document was recorded in the Official Records of San Francisco County,
11 California, on May 21, 2004.
12 “2” “Corporate Assignment of Deed of Trust” dated May 22, 2014, executed by
A Professional Corporation
THE RYAN FIRM
13 First Tennessee Bank, National Association, successor by merger to First
14 Horizon Home Loan Corporation, assigning its interest in the deed of trust
15 identified in Exhibit 1 and the “note” to The Bank of New York Mellon f/k/a/
16 The Bank of New York, as Trustee for the Holders of the Certificates, First
17 Horizon Mortgage Pass-Through Certificates Series FHASI 2004-AR6. This
18 document was recorded in the Official Records of San Francisco County,
19 California, on May 23, 2014.
20 “3” “Substitution of Trustee” dated May 4, 2018, executed by The Bank of New
21 York Mellon f/k/a/ The Bank of New York, as Trustee for the Holders of the
22 Certificates, First Horizon Mortgage Pass-Through Certificates Series FHASI
23 2004-AR6, designating Quality Loan Service Corporation as the “trustee” under
24 the deed of trust identified in Exhibit 1. This document was recorded in the
25 Official Records of San Francisco County, California, on May 14, 2018.
26 “4” “Notice of Default” dated May 10, 2018, executed by Quality Loan Service
27 Corporation. This document was recorded in the Official Records of San
28 Francisco County, California, on May 14, 2018.
2
Request for Judicial Notice
1 Exhibit Document
2 “5” “Rescission of Notice of Default” dated October 22, 2018, executed by Quality
3 Loan Service Corporation. This document was recorded in the Official Records
4 of Sacramento County, California, on October 25, 2018.
5 “6” “Voluntary Petition” filed by Plaintiffs in the United States Bankruptcy Court
6 for the Northern District of California on January 7, 2019.
7 “7” “Chapter 13 Plan” filed by Plaintiffs in the United States Bankruptcy Court for
8 the Northern District of California on January 7, 2019.
9 “8” “Statement of Financial Affairs” filed by Plaintiffs in the United States
10 Bankruptcy Court for the Northern District of California on January 7, 2019.
11 “9” “Schedules” filed by Plaintiffs in the United States Bankruptcy Court for the
12 Northern District of California on January 7, 2019.
A Professional Corporation
THE RYAN FIRM
13 “10” “Schedule H” filed by Plaintiffs in the United States Bankruptcy Court for the
14 Northern District of California on January 7, 2019.
15 “11” “Complaint” filed by Plaintiffs in Case No. CGC-19-574465 in the Superior
16 Court of the State of California, County of San Francisco, on March 12, 2019.
17 “12” “First Amended Chapter 13 Plan” filed by Plaintiffs in the United States
18 Bankruptcy Court for the Northern District of California on May 9, 2019.
19 “13” “Amended Schedules” filed by Plaintiffs in the United States Bankruptcy Court
20 for the Northern District of California on July 19, 2019.
21
22 Defendant requests that the Court take judicial notice of the Subject Documents
23 pursuant to California Evidence Code sections 450 through 453. The Subject Documents
24 are common knowledge and cannot be disputed, are not reasonably subject to dispute and
25 are capable of immediate and accurate determination by resort to sources of reasonably
26 indisputable accuracy, namely the Official Records of Sacramento County.
27 True and correct copies of the Subject Documents are attached hereto as the
28 exhibits indicated and are incorporated herein by this reference.
3
Request for Judicial Notice
1 For these reasons, Defendant respectfully requests that this Court take judicial
2 notice of the Subject Documents.
3
4 DATED: March 25, 2020 THE RYAN FIRM
A Professional Corporation
5
6
7
By:
8 TIMOTHY M. RYAN
MICHAEL W. STOLTZMAN, JR.
9 Attorneys for Defendant Seterus, Inc.
10
11
12
A Professional Corporation
THE RYAN FIRM
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
Request for Judicial Notice
(;+,%,7
(;+,%,7
%UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$
6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30
'RFXPHQW 7'
%UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$
6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30
'RFXPHQW 7'
%UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$
6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30
'RFXPHQW 7'
%UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$
6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30
'RFXPHQW 7'
%UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$
6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30
'RFXPHQW 7'
%UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$
6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30
'RFXPHQW 7'
%UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$
6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30
'RFXPHQW 7'
%UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$
6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30
'RFXPHQW 7'
%UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$
6$1)5$1&,6&2&$ 3DJH RI 3ULQWHGRQ 30
'RFXPHQW 7'
%UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$
6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30
'RFXPHQW 7'
%UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$
6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30
'RFXPHQW 7'
%UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$
6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30
'RFXPHQW 7'
%UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$
6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30
'RFXPHQW 7'
%UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$
6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30
'RFXPHQW 7'
%UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$
6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30
'RFXPHQW 7'
%UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$
6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30
'RFXPHQW 7'
%UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$
6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30
'RFXPHQW 7'
%UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$
6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30
'RFXPHQW 7'
%UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$
6$1)5$1&,6&2&$ 3DJH RI 3ULQWHGRQ 30
'RFXPHQW 7'
%UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$
6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30
'RFXPHQW 7'
%UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$
6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30
'RFXPHQW 7'
EXHIBIT 2
EXHIBIT 2
%UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$
6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30
'RFXPHQW $6
EXHIBIT 3
EXHIBIT 3
%UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$
6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30
'RFXPHQW 67
%UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$
6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30
'RFXPHQW 67
EXHIBIT 4
EXHIBIT 4
%UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$
6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30
'RFXPHQW 1'
%UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$
6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30
'RFXPHQW 1'
%UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$
6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30
'RFXPHQW 1'
%UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$
6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30
'RFXPHQW 1'
EXHIBIT 5
EXHIBIT 5
%UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$
6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30
'RFXPHQW 5(
%UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$
6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30
'RFXPHQW 5(
EXHIBIT 6
EXHIBIT 6
Fill in this information to identify your case:
United States Bankruptcy Court for the:
NORTHERN DISTRICT OF CALIFORNIA
Case number (if known) Chapter you are filing under:
Chapter 7
Chapter 11
Chapter 12
Chapter 13 Check if this an
amended filing
Official Form 101
Voluntary Petition for Individuals Filing for Bankruptcy 12/17
The bankruptcy forms use you and Debtor 1 to refer to a debtor filing alone. A married couple may file a bankruptcy case together—called a joint
case—and in joint cases, these forms use you to ask for information from both debtors. For example, if a form asks, “Do you own a car,” the answer
would be yes if either debtor owns a car. When information is needed about the spouses separately, the form uses Debtor 1 and Debtor 2 to distinguish
between them. In joint cases, one of the spouses must report information as Debtor 1 and the other as Debtor 2. The same person must be Debtor 1 in
all of the forms.
Be as complete and accurate as possible. If two married people are filing together, both are equally responsible for supplying correct information. If
more space is needed, attach a separate sheet to this form. On the top of any additional pages, write your name and case number (if known). Answer
every question.
Part 1: Identify Yourself
About Debtor 1: About Debtor 2 (Spouse Only in a Joint Case):
1. Your full name
Write the name that is on Timothy
your government-issued First name First name
picture identification (for
example, your driver's Spencer
license orpassport). Middle name Middle name
Bring your picture
identification to your
Bostwick
meeting with the trustee. Last name and Suffix (Sr., Jr., II, III) Last name and Suffix (Sr., Jr., II, III)
2. All other names you have
used in the last 8 years
Include your married or
maiden names.
3. Only the last 4 digits of
your Social Security
number or federal xxx-xx-6331
Individual Taxpayer
Identification number
(ITIN)
Case: 19-30021
Official Form 101
Doc# 1 Filed: 01/07/19 Entered: 01/07/19 12:41:37
Voluntary Petition for Individuals Filing for Bankruptcy
Page 1 of 53 page 1
Debtor 1 Timothy Spencer Bostwick Case number (if known)
About Debtor 1: About Debtor 2 (Spouse Only in a Joint Case):
4. Any business names and
Employer Identification I have not used any business name or EINs.
Numbers (EIN) you have
DBA AMI Staging, LLC I have not used any business name or EINs.
used in the last 8 years
DBA Action Motivation, Inc.
Include trade names and Business name(s) Business name(s)
doing business as names
EINs EINs
5. Where you live If Debtor 2 lives at a different address:
340 Dorantes Avenue
San Francisco, CA 94116
Number, Street, City, State & ZIP Code Number, Street, City, State & ZIP Code
San Francisco
County County
If your mailing address is different from the one If Debtor 2's mailing address is different from yours, fill it
above, fill it in here. Note that the court will send any
in here.Note that the court will send any notices to this
notices to you at this mailing address. mailing address.
Number, P.O. Box, Street, City, State & ZIP Code Number, P.O. Box, Street, City, State & ZIP Code
6. Why you are choosing Check one: Check one:
this district to file for
bankruptcy Over the last 180 days before filing this petition, Over the last 180 days before filing this petition, I
I have lived in this district longer than in any have lived in this district longer than in any other
other district. district.
I have another reason. I have another reason.
Explain. (See 28 U.S.C. § 1408.) Explain. (See 28 U.S.C. § 1408.)
Case: 19-30021
Official Form 101
Doc# 1 Filed: 01/07/19 Entered: 01/07/19 12:41:37
Voluntary Petition for Individuals Filing for Bankruptcy
Page 2 of 53 page 2
Debtor 1 Timothy Spencer Bostwick Case number (if known)
Part 2: Tell the Court About Your Bankruptcy Case
7. The chapter of the Check one. (For a brief description of each, see Notice Required by 11 U.S.C. § 342(b) for Individuals Filing for Bankruptcy
Bankruptcy Code you are (Form 2010)). Also, go to the top of page 1 and check the appropriate box.
choosing to file under
Chapter 7
Chapter 11
Chapter 12
Chapter 13
8. How you will pay the fee I will pay the entire fee when I file my petition. Please check with the clerk’s office in your local court for more details
about how you may pay. Typically, if you are paying the fee yourself, you may pay with cash, cashier’s check, or money
order. If your attorney is submitting your payment on your behalf, your attorney may pay with a credit card or check with
a pre-printed address.
I need to pay the fee in installments. If you choose this option, sign and attach the Application for Individuals to Pay
The Filing Fee in Installments (Official Form 103A).
I request that my fee be waived (You may request this option only if you are filing for Chapter 7. By law, a judge may,
but is not required to, waive your fee, and may do so only if your income is less than 150% of the official poverty line that
applies to your family size and you are unable to pay the fee in installments). If you choose this option, you must fill out
the Application to Have the Chapter 7 Filing Fee Waived (Official Form 103B) and file it with your petition.
9. Have you filed for No.
bankruptcy within the
last 8 years? Yes.
District When Case number
District When Case number
District When Case number
10. Are any bankruptcy No
cases pending or being
filed by a spouse who is Yes.
not filing this case with
you, or by a business
partner, or by an
affiliate?
Debtor Relationship to you
District When Case number, if known
Debtor Relationship to you
District When Case number, if known
11. Do you rent your No. Go to line 12.
residence?
Yes. Has your landlord obtained an eviction judgment against you?
No. Go to line 12.
Yes. Fill out Initial Statement About an Eviction Judgment Against You (Form 101A) and file it as part of
this bankruptcy petition.
Case: 19-30021
Official Form 101
Doc# 1 Filed: 01/07/19 Entered: 01/07/19 12:41:37
Voluntary Petition for Individuals Filing for Bankruptcy
Page 3 of 53 page 3
Debtor 1 Timothy Spencer Bostwick Case number (if known)
Part 3: Report About Any Businesses You Own as a Sole Proprietor
12. Are you a sole proprietor
of any full- or part-time No. Go to Part 4.
business?
Yes. Name and location of business
A sole proprietorship is a
business you operate as Name of business, if any
an individual, and is not a
separate legal entity such
as a corporation,
partnership, or LLC.
Number, Street, City, State & ZIP Code
If you have more than one
sole proprietorship, use a
separate sheet and attach
it to this petition. Check the appropriate box to describe your business:
Health Care Business (as defined in 11 U.S.C. § 101(27A))
Single Asset Real Estate (as defined in 11 U.S.C. § 101(51B))
Stockbroker (as defined in 11 U.S.C. § 101(53A))
Commodity Broker (as defined in 11 U.S.C. § 101(6))
None of the above
13. Are you filing under If you are filing under Chapter 11, the court must know whether you are a small business debtor so that it can set appropriate
Chapter 11 of the deadlines. If you indicate that you are a small business debtor, you must attach your most recent balance sheet, statement of
Bankruptcy Code and are operations, cash-flow statement, and federal income tax return or if any of these documents do not exist, follow the procedure
you a small business in 11 U.S.C. 1116(1)(B).
debtor?
No. I am not filing under Chapter 11.
For a definition of small
business debtor, see 11
No. I am filing under Chapter 11, but I am NOT a small business debtor according to the definition in the Bankruptcy
U.S.C. § 101(51D).
Code.
Yes. I am filing under Chapter 11 and I am a small business debtor according to the definition in the Bankruptcy Code.
Part 4: Report if You Own or Have Any Hazardous Property or Any Property That Needs Immediate Attention
14. Do you own or have any No.
property that poses or is
alleged to pose a threat Yes.
of imminent and What is the hazard?
identifiable hazard to
public health or safety?
Or do you own any
property that needs If immediate attention is
immediate attention? needed, why is it needed?
For example, do you own
perishable goods, or
livestock that must be fed, Where is the property?
or a building that needs
urgent repairs?
Number, Street, City, State & Zip Code
Case: 19-30021
Official Form 101
Doc# 1 Filed: 01/07/19 Entered: 01/07/19 12:41:37
Voluntary Petition for Individuals Filing for Bankruptcy
Page 4 of 53 page 4
Debtor 1 Timothy Spencer Bostwick Case number (if known)
Part 5: Explain Your Efforts to Receive a Briefing About Credit Counseling
About Debtor 1: About Debtor 2 (Spouse Only in a Joint Case):
15. Tell the court whether You must check one: You must check one:
you have received a
briefing about credit
I received a briefing from an approved credit
counseling agency within the 180 days before I
I received a briefing from an approved credit
counseling agency within the 180 days before I filed
counseling. filed this bankruptcy petition, and I received a this bankruptcy petition, and I received a certificate of
certificate of completion. completion.
The law requires that you
receive a briefing about Attach a copy of the certificate and the payment Attach a copy of the certificate and the payment plan, if
credit counseling before plan, if any, that you developed with the agency. any, that you developed with the agency.
you file for bankruptcy.
You must truthfully check I received a briefing from an approved credit I received a briefing from an approved credit
one of the following counseling agency within the 180 days before I counseling agency within the 180 days before I filed
choices.If you cannot do filed this bankruptcy petition, but I do not have this bankruptcy petition, but I do not have a certificate
so, you are not eligible to a certificate of completion. of completion.
file.
Within 14 days after you file this bankruptcy Within 14 days after you file this bankruptcy petition, you
If you file anyway, the court petition, you MUST file a copy of the certificate and MUST file a copy of the certificate and payment plan, if
can dismiss your case, you payment plan, if any. any.
will lose whatever filing fee
you paid, and your I certify that I asked for credit counseling I certify that I asked for credit counseling services
creditors can begin services from an approved agency, but was from an approved agency, but was unable to obtain
collection activities again. unable to obtain those services during the 7 those services during the 7 days after I made my
days after I made my request, and exigent request, and exigent circumstances merit a 30-day
circumstances merit a 30-day temporary waiver temporary waiver of the requirement.
of the requirement.
To ask for a 30-day temporary waiver of the requirement,
To ask for a 30-day temporary waiver of the attach a separate sheet explaining what efforts you made
requirement, attach a separate sheet explaining to obtain the briefing, why you were unable to obtain it
what efforts you made to obtain the briefing, why before you filed for bankruptcy, and what exigent
you were unable to obtain it before you filed for circumstances required you to file this case.
bankruptcy, and what exigent circumstances
required you to file this case. Your case may be dismissed if the court is dissatisfied
with your reasons for not receiving a briefing before you
Your case may be dismissed if the court is filed for bankruptcy.
dissatisfied with your reasons for not receiving a
briefing before you filed for bankruptcy. If the court is satisfied with your reasons, you must still
If the court is satisfied with your reasons, you must receive a briefing within 30 days after you file. You must
still receive a briefing within 30 days after you file. file a certificate from the approved agency, along with a
You must file a certificate from the approved copy of the payment plan you developed, if any. If you do
agency, along with a copy of the payment plan you not do so, your case may be dismissed.
developed, if any. If you do not do so, your case
Any extension of the 30-day deadline is granted only for
may be dismissed.
cause and is limited to a maximum of 15 days.
Any extension of the 30-day deadline is granted
only for cause and is limited to a maximum of 15
days.
I am not required to receive a briefing about I am not required to receive a briefing about credit
credit counseling because of: counseling because of:
Incapacity. Incapacity.
I have a mental illness or a mental deficiency I have a mental illness or a mental deficiency that
that makes me incapable of realizing or makes me incapable of realizing or making rational
making rational decisions about finances. decisions about finances.
Disability. Disability.
My physical disability causes me to be My physical disability causes me to be unable to
unable to participate in a briefing in person, participate in a briefing in person, by phone, or
by phone, or through the internet, even after I through the internet, even after I reasonably tried to
reasonably tried to do so. do so.
Active duty. Active duty.
I am currently on active military duty in a I am currently on active military duty in a military
military combat zone. combat zone.
If you believe you are not required to receive a If you believe you are not required to receive a briefing
briefing about credit counseling, you must file a about credit counseling, you must file a motion for waiver
motion for waiver credit counseling with the court. of credit counseling with the court.
Case: 19-30021
Official Form 101
Doc# 1 Filed: 01/07/19 Entered: 01/07/19 12:41:37
Voluntary Petition for Individuals Filing for Bankruptcy
Page 5 of 53 page 5
Debtor 1 Timothy Spencer Bostwick Case number (if known)
Part 6: Answer These Questions for Reporting Purposes
16. What kind of debts do 16a. Are your debts primarily consumer debts? Consumer debts are defined in 11 U.S.C. § 101(8) as “incurred by an
you have? individual primarily for a personal, family, or household purpose.”
No. Go to line 16b.
Yes. Go to line 17.
16b. Are your debts primarily business debts? Business debts are debts that you incurred to obtain
money for a business or investment or through the operation of the business or investment.
No. Go to line 16c.
Yes. Go to line 17.
16c. State the type of debts you owe that are not consumer debts or business debts
17. Are you filing under No. I am not filing under Chapter 7. Go to line 18.
Chapter 7?
Do you estimate that Yes. I am filing under Chapter 7. Do you estimate that after any exempt property is excluded and administrative expenses
after any exempt are paid that funds will be available to distribute to unsecured creditors?
property is excluded and
administrative expenses No
are paid that funds will
be available for Yes
distribution to unsecured
creditors?
18. How many Creditors do 1-49 1,000-5,000 25,001-50,000
you estimate that you 5001-10,000 50,001-100,000
owe? 50-99
100-199 10,001-25,000 More than100,000
200-999
19. How much do you $0 - $50,000 $1,000,001 - $10 million $500,000,001 - $1 billion
estimate your assets to $50,001 - $100,000 $1,000,000,001 - $10 billion
be worth? $10,000,001 - $50 million
$100,001 - $500,000 $50,000,001 - $100 million $10,000,000,001 - $50 billion
$500,001 - $1 million $100,000,001 - $500 million More than $50 billion
20. How much do you $0 - $50,000 $1,000,001 - $10 million $500,000,001 - $1 billion
estimate your liabilities $50,001 - $100,000
Preview
Timothy M. Ryan, Bar No. 178059 1 Michael W. Stoltzman, Jr., Bar No. 263423 2 THE RYAN FIRM ELECTRONICALLY A Professional Corporation 3 30 Corporate Park, Suite 310 F I L E D Superior Court of California, Irvine, CA 92606 County of San Francisco 4 Telephone (949) 263-1800; Fax (949) 872-2211 03/27/2020 Clerk of the Court 5 Attorneys for Defendant Seterus, Inc. BY: ERNALYN BURA Deputy Clerk 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SAN FRANCISCO 10 11 TIMOTHY S. BOSTWICK, an CASE NO.: CGC-19-573030 individual; and MICHELE L. Limited Jurisdiction 12 NESSIER, individual; Date Action Filed: January 22, 2019 A Professional Corporation THE RYAN FIRM 13 Plaintiffs, Assigned for All Purposes to 14 Hon. Ethan P. Schulman vs. DEPT. 302 15 SETERUS, INC., a business entity; REQUEST BY DEFENDANT SETERUS, 16 and DOES 1 through 10, inclusive, INC. FOR JUDICIAL NOTICE IN SUPPORT OF MOTION FOR 17 Defendants. JUDGMENT ON THE PLEADINGS ON 18 PLAINTIFFS’ COMPLAINT 19 Date: May 4, 2020 Time: 9:30 a.m. 20 Dept.: 302 Res. ID.: 03270504-04 21 22 Trial Date: None set. 23 24 25 26 27 28 1 Request for Judicial Notice 1 PLEASE TAKE NOTICE that defendant Seterus, Inc. (“Seterus” or 2 “Defendant”) requests that the Court take judicial notice of the following documents 3 (“Subject Documents”) in support of its motion for judgment on the pleadings with 4 respect to the complaint filed by plaintiffs Timothy S. Bostwick and Michele L. Nessier 5 (“Plaintiffs”): 6 7 Exhibit Document 8 “1” “Deed of Trust” dated May 12, 2004, executed by Plaintiffs, naming First 9 Horizon Home Loan Corporation as the “lender,” “beneficiary,” and “trustee.” 10 This document was recorded in the Official Records of San Francisco County, 11 California, on May 21, 2004. 12 “2” “Corporate Assignment of Deed of Trust” dated May 22, 2014, executed by A Professional Corporation THE RYAN FIRM 13 First Tennessee Bank, National Association, successor by merger to First 14 Horizon Home Loan Corporation, assigning its interest in the deed of trust 15 identified in Exhibit 1 and the “note” to The Bank of New York Mellon f/k/a/ 16 The Bank of New York, as Trustee for the Holders of the Certificates, First 17 Horizon Mortgage Pass-Through Certificates Series FHASI 2004-AR6. This 18 document was recorded in the Official Records of San Francisco County, 19 California, on May 23, 2014. 20 “3” “Substitution of Trustee” dated May 4, 2018, executed by The Bank of New 21 York Mellon f/k/a/ The Bank of New York, as Trustee for the Holders of the 22 Certificates, First Horizon Mortgage Pass-Through Certificates Series FHASI 23 2004-AR6, designating Quality Loan Service Corporation as the “trustee” under 24 the deed of trust identified in Exhibit 1. This document was recorded in the 25 Official Records of San Francisco County, California, on May 14, 2018. 26 “4” “Notice of Default” dated May 10, 2018, executed by Quality Loan Service 27 Corporation. This document was recorded in the Official Records of San 28 Francisco County, California, on May 14, 2018. 2 Request for Judicial Notice 1 Exhibit Document 2 “5” “Rescission of Notice of Default” dated October 22, 2018, executed by Quality 3 Loan Service Corporation. This document was recorded in the Official Records 4 of Sacramento County, California, on October 25, 2018. 5 “6” “Voluntary Petition” filed by Plaintiffs in the United States Bankruptcy Court 6 for the Northern District of California on January 7, 2019. 7 “7” “Chapter 13 Plan” filed by Plaintiffs in the United States Bankruptcy Court for 8 the Northern District of California on January 7, 2019. 9 “8” “Statement of Financial Affairs” filed by Plaintiffs in the United States 10 Bankruptcy Court for the Northern District of California on January 7, 2019. 11 “9” “Schedules” filed by Plaintiffs in the United States Bankruptcy Court for the 12 Northern District of California on January 7, 2019. A Professional Corporation THE RYAN FIRM 13 “10” “Schedule H” filed by Plaintiffs in the United States Bankruptcy Court for the 14 Northern District of California on January 7, 2019. 15 “11” “Complaint” filed by Plaintiffs in Case No. CGC-19-574465 in the Superior 16 Court of the State of California, County of San Francisco, on March 12, 2019. 17 “12” “First Amended Chapter 13 Plan” filed by Plaintiffs in the United States 18 Bankruptcy Court for the Northern District of California on May 9, 2019. 19 “13” “Amended Schedules” filed by Plaintiffs in the United States Bankruptcy Court 20 for the Northern District of California on July 19, 2019. 21 22 Defendant requests that the Court take judicial notice of the Subject Documents 23 pursuant to California Evidence Code sections 450 through 453. The Subject Documents 24 are common knowledge and cannot be disputed, are not reasonably subject to dispute and 25 are capable of immediate and accurate determination by resort to sources of reasonably 26 indisputable accuracy, namely the Official Records of Sacramento County. 27 True and correct copies of the Subject Documents are attached hereto as the 28 exhibits indicated and are incorporated herein by this reference. 3 Request for Judicial Notice 1 For these reasons, Defendant respectfully requests that this Court take judicial 2 notice of the Subject Documents. 3 4 DATED: March 25, 2020 THE RYAN FIRM A Professional Corporation 5 6 7 By: 8 TIMOTHY M. RYAN MICHAEL W. STOLTZMAN, JR. 9 Attorneys for Defendant Seterus, Inc. 10 11 12 A Professional Corporation THE RYAN FIRM 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Request for Judicial Notice (;+,%,7 (;+,%,7 %UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$ 6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30 'RFXPHQW 7' %UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$ 6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30 'RFXPHQW 7' %UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$ 6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30 'RFXPHQW 7' %UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$ 6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30 'RFXPHQW 7' %UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$ 6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30 'RFXPHQW 7' %UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$ 6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30 'RFXPHQW 7' %UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$ 6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30 'RFXPHQW 7' %UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$ 6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30 'RFXPHQW 7' %UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$ 6$1)5$1&,6&2&$ 3DJH RI 3ULQWHGRQ 30 'RFXPHQW 7' %UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$ 6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30 'RFXPHQW 7' %UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$ 6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30 'RFXPHQW 7' %UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$ 6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30 'RFXPHQW 7' %UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$ 6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30 'RFXPHQW 7' %UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$ 6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30 'RFXPHQW 7' %UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$ 6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30 'RFXPHQW 7' %UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$ 6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30 'RFXPHQW 7' %UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$ 6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30 'RFXPHQW 7' %UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$ 6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30 'RFXPHQW 7' %UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$ 6$1)5$1&,6&2&$ 3DJH RI 3ULQWHGRQ 30 'RFXPHQW 7' %UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$ 6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30 'RFXPHQW 7' %UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$ 6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30 'RFXPHQW 7' EXHIBIT 2 EXHIBIT 2 %UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$ 6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30 'RFXPHQW $6 EXHIBIT 3 EXHIBIT 3 %UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$ 6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30 'RFXPHQW 67 %UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$ 6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30 'RFXPHQW 67 EXHIBIT 4 EXHIBIT 4 %UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$ 6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30 'RFXPHQW 1' %UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$ 6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30 'RFXPHQW 1' %UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$ 6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30 'RFXPHQW 1' %UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$ 6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30 'RFXPHQW 1' EXHIBIT 5 EXHIBIT 5 %UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$ 6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30 'RFXPHQW 5( %UDQFK ),8VHU 7= &RPPHQW 6WDWLRQ,G )%$ 6$1)5$1&,6&2&$ 3DJHRI 3ULQWHGRQ 30 'RFXPHQW 5( EXHIBIT 6 EXHIBIT 6 Fill in this information to identify your case: United States Bankruptcy Court for the: NORTHERN DISTRICT OF CALIFORNIA Case number (if known) Chapter you are filing under: Chapter 7 Chapter 11 Chapter 12 Chapter 13 Check if this an amended filing Official Form 101 Voluntary Petition for Individuals Filing for Bankruptcy 12/17 The bankruptcy forms use you and Debtor 1 to refer to a debtor filing alone. A married couple may file a bankruptcy case together—called a joint case—and in joint cases, these forms use you to ask for information from both debtors. For example, if a form asks, “Do you own a car,” the answer would be yes if either debtor owns a car. When information is needed about the spouses separately, the form uses Debtor 1 and Debtor 2 to distinguish between them. In joint cases, one of the spouses must report information as Debtor 1 and the other as Debtor 2. The same person must be Debtor 1 in all of the forms. Be as complete and accurate as possible. If two married people are filing together, both are equally responsible for supplying correct information. If more space is needed, attach a separate sheet to this form. On the top of any additional pages, write your name and case number (if known). Answer every question. Part 1: Identify Yourself About Debtor 1: About Debtor 2 (Spouse Only in a Joint Case): 1. Your full name Write the name that is on Timothy your government-issued First name First name picture identification (for example, your driver's Spencer license orpassport). Middle name Middle name Bring your picture identification to your Bostwick meeting with the trustee. Last name and Suffix (Sr., Jr., II, III) Last name and Suffix (Sr., Jr., II, III) 2. All other names you have used in the last 8 years Include your married or maiden names. 3. Only the last 4 digits of your Social Security number or federal xxx-xx-6331 Individual Taxpayer Identification number (ITIN) Case: 19-30021 Official Form 101 Doc# 1 Filed: 01/07/19 Entered: 01/07/19 12:41:37 Voluntary Petition for Individuals Filing for Bankruptcy Page 1 of 53 page 1 Debtor 1 Timothy Spencer Bostwick Case number (if known) About Debtor 1: About Debtor 2 (Spouse Only in a Joint Case): 4. Any business names and Employer Identification I have not used any business name or EINs. Numbers (EIN) you have DBA AMI Staging, LLC I have not used any business name or EINs. used in the last 8 years DBA Action Motivation, Inc. Include trade names and Business name(s) Business name(s) doing business as names EINs EINs 5. Where you live If Debtor 2 lives at a different address: 340 Dorantes Avenue San Francisco, CA 94116 Number, Street, City, State & ZIP Code Number, Street, City, State & ZIP Code San Francisco County County If your mailing address is different from the one If Debtor 2's mailing address is different from yours, fill it above, fill it in here. Note that the court will send any in here.Note that the court will send any notices to this notices to you at this mailing address. mailing address. Number, P.O. Box, Street, City, State & ZIP Code Number, P.O. Box, Street, City, State & ZIP Code 6. Why you are choosing Check one: Check one: this district to file for bankruptcy Over the last 180 days before filing this petition, Over the last 180 days before filing this petition, I I have lived in this district longer than in any have lived in this district longer than in any other other district. district. I have another reason. I have another reason. Explain. (See 28 U.S.C. § 1408.) Explain. (See 28 U.S.C. § 1408.) Case: 19-30021 Official Form 101 Doc# 1 Filed: 01/07/19 Entered: 01/07/19 12:41:37 Voluntary Petition for Individuals Filing for Bankruptcy Page 2 of 53 page 2 Debtor 1 Timothy Spencer Bostwick Case number (if known) Part 2: Tell the Court About Your Bankruptcy Case 7. The chapter of the Check one. (For a brief description of each, see Notice Required by 11 U.S.C. § 342(b) for Individuals Filing for Bankruptcy Bankruptcy Code you are (Form 2010)). Also, go to the top of page 1 and check the appropriate box. choosing to file under Chapter 7 Chapter 11 Chapter 12 Chapter 13 8. How you will pay the fee I will pay the entire fee when I file my petition. Please check with the clerk’s office in your local court for more details about how you may pay. Typically, if you are paying the fee yourself, you may pay with cash, cashier’s check, or money order. If your attorney is submitting your payment on your behalf, your attorney may pay with a credit card or check with a pre-printed address. I need to pay the fee in installments. If you choose this option, sign and attach the Application for Individuals to Pay The Filing Fee in Installments (Official Form 103A). I request that my fee be waived (You may request this option only if you are filing for Chapter 7. By law, a judge may, but is not required to, waive your fee, and may do so only if your income is less than 150% of the official poverty line that applies to your family size and you are unable to pay the fee in installments). If you choose this option, you must fill out the Application to Have the Chapter 7 Filing Fee Waived (Official Form 103B) and file it with your petition. 9. Have you filed for No. bankruptcy within the last 8 years? Yes. District When Case number District When Case number District When Case number 10. Are any bankruptcy No cases pending or being filed by a spouse who is Yes. not filing this case with you, or by a business partner, or by an affiliate? Debtor Relationship to you District When Case number, if known Debtor Relationship to you District When Case number, if known 11. Do you rent your No. Go to line 12. residence? Yes. Has your landlord obtained an eviction judgment against you? No. Go to line 12. Yes. Fill out Initial Statement About an Eviction Judgment Against You (Form 101A) and file it as part of this bankruptcy petition. Case: 19-30021 Official Form 101 Doc# 1 Filed: 01/07/19 Entered: 01/07/19 12:41:37 Voluntary Petition for Individuals Filing for Bankruptcy Page 3 of 53 page 3 Debtor 1 Timothy Spencer Bostwick Case number (if known) Part 3: Report About Any Businesses You Own as a Sole Proprietor 12. Are you a sole proprietor of any full- or part-time No. Go to Part 4. business? Yes. Name and location of business A sole proprietorship is a business you operate as Name of business, if any an individual, and is not a separate legal entity such as a corporation, partnership, or LLC. Number, Street, City, State & ZIP Code If you have more than one sole proprietorship, use a separate sheet and attach it to this petition. Check the appropriate box to describe your business: Health Care Business (as defined in 11 U.S.C. § 101(27A)) Single Asset Real Estate (as defined in 11 U.S.C. § 101(51B)) Stockbroker (as defined in 11 U.S.C. § 101(53A)) Commodity Broker (as defined in 11 U.S.C. § 101(6)) None of the above 13. Are you filing under If you are filing under Chapter 11, the court must know whether you are a small business debtor so that it can set appropriate Chapter 11 of the deadlines. If you indicate that you are a small business debtor, you must attach your most recent balance sheet, statement of Bankruptcy Code and are operations, cash-flow statement, and federal income tax return or if any of these documents do not exist, follow the procedure you a small business in 11 U.S.C. 1116(1)(B). debtor? No. I am not filing under Chapter 11. For a definition of small business debtor, see 11 No. I am filing under Chapter 11, but I am NOT a small business debtor according to the definition in the Bankruptcy U.S.C. § 101(51D). Code. Yes. I am filing under Chapter 11 and I am a small business debtor according to the definition in the Bankruptcy Code. Part 4: Report if You Own or Have Any Hazardous Property or Any Property That Needs Immediate Attention 14. Do you own or have any No. property that poses or is alleged to pose a threat Yes. of imminent and What is the hazard? identifiable hazard to public health or safety? Or do you own any property that needs If immediate attention is immediate attention? needed, why is it needed? For example, do you own perishable goods, or livestock that must be fed, Where is the property? or a building that needs urgent repairs? Number, Street, City, State & Zip Code Case: 19-30021 Official Form 101 Doc# 1 Filed: 01/07/19 Entered: 01/07/19 12:41:37 Voluntary Petition for Individuals Filing for Bankruptcy Page 4 of 53 page 4 Debtor 1 Timothy Spencer Bostwick Case number (if known) Part 5: Explain Your Efforts to Receive a Briefing About Credit Counseling About Debtor 1: About Debtor 2 (Spouse Only in a Joint Case): 15. Tell the court whether You must check one: You must check one: you have received a briefing about credit I received a briefing from an approved credit counseling agency within the 180 days before I I received a briefing from an approved credit counseling agency within the 180 days before I filed counseling. filed this bankruptcy petition, and I received a this bankruptcy petition, and I received a certificate of certificate of completion. completion. The law requires that you receive a briefing about Attach a copy of the certificate and the payment Attach a copy of the certificate and the payment plan, if credit counseling before plan, if any, that you developed with the agency. any, that you developed with the agency. you file for bankruptcy. You must truthfully check I received a briefing from an approved credit I received a briefing from an approved credit one of the following counseling agency within the 180 days before I counseling agency within the 180 days before I filed choices.If you cannot do filed this bankruptcy petition, but I do not have this bankruptcy petition, but I do not have a certificate so, you are not eligible to a certificate of completion. of completion. file. Within 14 days after you file this bankruptcy Within 14 days after you file this bankruptcy petition, you If you file anyway, the court petition, you MUST file a copy of the certificate and MUST file a copy of the certificate and payment plan, if can dismiss your case, you payment plan, if any. any. will lose whatever filing fee you paid, and your I certify that I asked for credit counseling I certify that I asked for credit counseling services creditors can begin services from an approved agency, but was from an approved agency, but was unable to obtain collection activities again. unable to obtain those services during the 7 those services during the 7 days after I made my days after I made my request, and exigent request, and exigent circumstances merit a 30-day circumstances merit a 30-day temporary waiver temporary waiver of the requirement. of the requirement. To ask for a 30-day temporary waiver of the requirement, To ask for a 30-day temporary waiver of the attach a separate sheet explaining what efforts you made requirement, attach a separate sheet explaining to obtain the briefing, why you were unable to obtain it what efforts you made to obtain the briefing, why before you filed for bankruptcy, and what exigent you were unable to obtain it before you filed for circumstances required you to file this case. bankruptcy, and what exigent circumstances required you to file this case. Your case may be dismissed if the court is dissatisfied with your reasons for not receiving a briefing before you Your case may be dismissed if the court is filed for bankruptcy. dissatisfied with your reasons for not receiving a briefing before you filed for bankruptcy. If the court is satisfied with your reasons, you must still If the court is satisfied with your reasons, you must receive a briefing within 30 days after you file. You must still receive a briefing within 30 days after you file. file a certificate from the approved agency, along with a You must file a certificate from the approved copy of the payment plan you developed, if any. If you do agency, along with a copy of the payment plan you not do so, your case may be dismissed. developed, if any. If you do not do so, your case Any extension of the 30-day deadline is granted only for may be dismissed. cause and is limited to a maximum of 15 days. Any extension of the 30-day deadline is granted only for cause and is limited to a maximum of 15 days. I am not required to receive a briefing about I am not required to receive a briefing about credit credit counseling because of: counseling because of: Incapacity. Incapacity. I have a mental illness or a mental deficiency I have a mental illness or a mental deficiency that that makes me incapable of realizing or makes me incapable of realizing or making rational making rational decisions about finances. decisions about finances. Disability. Disability. My physical disability causes me to be My physical disability causes me to be unable to unable to participate in a briefing in person, participate in a briefing in person, by phone, or by phone, or through the internet, even after I through the internet, even after I reasonably tried to reasonably tried to do so. do so. Active duty. Active duty. I am currently on active military duty in a I am currently on active military duty in a military military combat zone. combat zone. If you believe you are not required to receive a If you believe you are not required to receive a briefing briefing about credit counseling, you must file a about credit counseling, you must file a motion for waiver motion for waiver credit counseling with the court. of credit counseling with the court. Case: 19-30021 Official Form 101 Doc# 1 Filed: 01/07/19 Entered: 01/07/19 12:41:37 Voluntary Petition for Individuals Filing for Bankruptcy Page 5 of 53 page 5 Debtor 1 Timothy Spencer Bostwick Case number (if known) Part 6: Answer These Questions for Reporting Purposes 16. What kind of debts do 16a. Are your debts primarily consumer debts? Consumer debts are defined in 11 U.S.C. § 101(8) as “incurred by an you have? individual primarily for a personal, family, or household purpose.” No. Go to line 16b. Yes. Go to line 17. 16b. Are your debts primarily business debts? Business debts are debts that you incurred to obtain money for a business or investment or through the operation of the business or investment. No. Go to line 16c. Yes. Go to line 17. 16c. State the type of debts you owe that are not consumer debts or business debts 17. Are you filing under No. I am not filing under Chapter 7. Go to line 18. Chapter 7? Do you estimate that Yes. I am filing under Chapter 7. Do you estimate that after any exempt property is excluded and administrative expenses after any exempt are paid that funds will be available to distribute to unsecured creditors? property is excluded and administrative expenses No are paid that funds will be available for Yes distribution to unsecured creditors? 18. How many Creditors do 1-49 1,000-5,000 25,001-50,000 you estimate that you 5001-10,000 50,001-100,000 owe? 50-99 100-199 10,001-25,000 More than100,000 200-999 19. How much do you $0 - $50,000 $1,000,001 - $10 million $500,000,001 - $1 billion estimate your assets to $50,001 - $100,000 $1,000,000,001 - $10 billion be worth? $10,000,001 - $50 million $100,001 - $500,000 $50,000,001 - $100 million $10,000,000,001 - $50 billion $500,001 - $1 million $100,000,001 - $500 million More than $50 billion 20. How much do you $0 - $50,000 $1,000,001 - $10 million $500,000,001 - $1 billion estimate your liabilities $50,001 - $100,000