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CM-180
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. State Bar number, and address)'
FOR COURT USE ONLY
Todd A. Jones (SB#198024)/Gregory K. Federico (SB#242184)
Archer Norris
655 University Avenue, Suite 225
Sacramento, CA 95825
TELEPHONENO.: (916)646-2480 FAX NO (Optional (916)646-5696
E-MAIL ADDRESS (Optional): tjones@archernonis.com; gfederico@archernorris.com
ATTORNEY FOR (Name) Richard Kirk Ruybalid individually and dba CA Construction
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Sacramento
STREET ADDRESS' 720 Ninth Street
MAILING ADDRESS
CITY AND ZIP CODE. Sacramento, CA 95814
BRANCH NAME.
PLAINTIFF/PETITIONER: Rodney and Florentine Abbott
DEFENDANT/RESPONDENT: Ronald Paul Britschgi, individually and dba Britschgi
Construction, et al.
CASE NUMBER
07AS04450
NOTICE OF STAY OF PROCEEDINGS
JUDGE. Brian R. Van Camp
DEPT: 43
To the court and to all parties:
1. Declarant (name): Gregory K. Federico
a. £x] is Gl the party S the attorney for the party who requested or caused the stay.
b.D is -
Q ' the plaintiff or petitioner D the attorney for the plaintiff or petitioner. The party who requested the stay
has not appeared in this case or is not subject to the jurisdiction of this court.
2. This case is stayed as follows:
a.
b.
S
LZl
With regard to all parties.
With regard to the following parties (specify by name and party designation): BY FAX
3. Reason for the stay:
a. [x] Automatic stay caused by a filing in another court. (Attach a copy of the Notice of Commencement of Case, f/w
banknjptcy petition, or other document showing that the stay is in effect, and showing the court, case number,
debtor, and petitioners.)
b. [H Order of a federal court or of a higher California court (Attach a copy of the court order.)
c. CD Contractual arbitration under Code of Civil Procedure section 1281.4. (Attach a copy of the order directing
arbitration.)
d. CD Arbitration of attorney fees and costs under Business and Professions Code section 6201. (Attach a copy of the
client's request for arbitration showing Wing and service.)
e. D Other:
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: March 1,2010
Gregory K. Federico _^
(TYPE OK PRINT NAME OF DECLARANT) (SIGNATURE)
Page foil
Form Adopted (or Mandatory Use Cal. Rules of Court, rule 3.650
Judicial Council of California NOTICE OF STAY OF PROCEEDINGS www courtnlo ca gov
CM-ISO (Rev. January 1,2007)
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www FormsWDfWtow.com
Official Form 1 (1/08)
United States Bankruptcy Court
EASTERN DISTRICT OF CALIFORNIA
Name Of Debtor (if mdjodual. ailcr Lasl, FusU Mjdcjle) Name of Joint Debtor (SpouseXUst, Fmi. Middle):
Ruybalid, Richard X.
All Other Names used by the Dsbtor in the last 8 years All Other Names used by the Joint Debtor in the last 8 years
(include mimed, maiden, and trade names) (include married, maiden, and trade names):
fdba. CA Construction, fdba Valley Cabinets
Last four digits of Soc Sec. or Indvidual-Taxpayer ID. (TTIN) No /Complete E!N Last four digits of Soc Sec. or Indvidual-Taxpayer I.D. (ITTN) No /Complete BIN
flf more Iran one. daloU). 5143 (ifmore than one. Bate dp-.
Street Address of Debtor (No A Street, City, and Sate): Street Address of Joint Debtor (No A Street, City, and State)
9332 Fair OaJcs Blvd.
fair OaJt* CA
ZIPCODE OPCODE
95628
County of Residence or of the County of Residence or of the
Principal Place of Business: Sacramento Principal Place of Business.
Mailing Address of Debtor flf different from itred address)- Mailing Address of Joint Debtor (if different from street addjcul
SAMS
ppi
Location of Principal Assets of Business Debtor
CifdilTercnlfoirostraitiddrcssabovcO: WOT MPilCAKLE
Type of Debtor (Fomi of organization)
Nature of Business Chapter of Bankruptcy Code Under Which
(Check one box.) the Petition b FDed (Check ons box)
(Check one box)
l~l Health Care Business D Chapter? l~l Chapter 15 Petition for Recognition
[>3 Individual (includes Joint Debtors)
Q] Single Asset Real Estate as defined D Chapter? of a Foreign Mam Proceeding
See Exhibit D on page 2 of this form.
m l l U S C §101 (SIB) D Chapter II
d Corporation (mcludesLLC and LLP) D Chapter 12 D Chapter 15 Petition for Recognition
Pi Railroad of a Foreign Nonmain Proceeding
I I Paitnei&hip £3 Chapter 13
Q Stockbroker
Q Other (if debtor n not one of the above Nature of Debts (Check one box)
entities, check this box and stale type of I I Commodity Broker
Debts are primarily consumer debts, defined l~l Debts are primarily
entity below LJ Clearing Bank in 11 U.S.C. § 101(8) as "incurred by an business debts,
Qothcr individual primarily for a personal, family,
or household purpose"
Tax-Exempt Entity
(Check box, if applicable ) Chapter 11 Debtors:
l~l Dchtor is a tax-exempt organization Check one box:
under Title 26 of the United Stales Q Debtor is a small business as defined in 11 U S.C § 101(5 ID).
Code (the Internal Revenue Code). D Debtor is not a small business debtor as defined in 11 U.S.C. § 101(51D).
Filing Fee (Check one box) Check if:
El Full Filing Fee attached Q Debtor's aggregate noncontingent liquidated debts (excluding debts
PI Filing Fee to be paid in installments (applicable to individuals only) Must owed to insiders or affiliates) are less than $2,190,000.
attach signed application for the court's consideration certifying that the debtor
is unable to pay fee except in installments Rule 1006(b). See Official Form 3A Check an applicable boxes:
O A plan is being filed with this petition
[~1 Filing Fee waiver requested (applicable to chapter 7 individuals only). Must
attach signed application for the court's consideration See OrTi cial Form 3B L] Acceptances of the plan were solicited propetition from one or more
classes of creditors, in accordance with 11 U.S.C. § 1126(b)
Statistical/Administrative Information THIS SPACE IS FOR COURT USE ONLY
I I Debtor estimates that funds will bo available for distribution to unsecured creditors
E] 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
El
M9
D
M-P9
D
100-199
D
200-999
n
1,000-
D D
10,001-
D
23,001- 50,001-
D
Over
5,000 10,000 25.000 50,000 100.000 100,000
Estimated Assets
Q
»to
q
JSO.OO) to
n
7100,001 to $300,001 Si.000,00! TiO.000,001
0,000,001 MO,1,000.00) More than
2010-23787
150,000 JllXJ.OOO $500,000 to SI to $10 to $50 to {100 to $300 to 51 billion SI baton FILED
rnilHon rrolfion million million
February 18, 2010
Estimated Liabilities
D D H D D D P D 8:30 AM
SO 10 JSO.OO] to $100.001 10 0,001
$500,01 Sl.000.001 $10,000.001 $50,000,001 $100,000,001 $500,000,001 More than
$50,000 1100,000 $500,000 to SI toSIO to$50 toSIDO toS500 toSlbilbon Slbjffinn RELIEF ORDERED
milhon million mQbon rnilbon million CLERK, U.S. BANKRUPTCY COURT
EASTERB DISTRICT OF CALIFORNIA
0002425961
Official Form 1 (1/08) FORM Bl, Page 2
Voluntary Petition Name of Debtors):
(This page must be completed and filed In every case)
Richard K. Ruybalid
All Prior Bankruptcy Cases FUed Within Last 8 Years (If more than two, attach additional sheet)
Location Where Filed: Case Number: Date Filed:
HONE
Location Where File± Case Number: Date Filed:
Pending Bankruptcy Case Filed by any Spouse, Partner or Affiliate of this Debtor (If more than one, attach additional sheet)
Name of Debtor: Case Number. Date Filed-
District. Relationship: Judge.
Exhibit A Exhibit B
(To be completed if debtor is required to file periodic reports (To be completed if debtor is &n individual
(e g., forms 10K and 10Q) with the Securities and Exchange whose debts are pnmanty consumer debts)
Commission pursuant to Section 13 or 15(d) of the Securities I, the attorney for the petitioner named in the foregoing petition, declare that 1
Exchange Act of 1934 and is requesting relief under Chapter 11) have informed the petitioner that [ha or she] may proceed under chapter 7, 1 1, 12
or 13 oftille 1 1 , 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 1 1 U.S.C P42(b).
Q Exhibit A is attached and made a part of this petiti on
/«/ Scott A. COBen 1/17/2010
Signature of Attorney for Debtors) 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?
CD Yes, and exhibit C is attached and made a part of this petition.
g| 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.)
13 Exhibit D completed and signed by the debtor is attached and made part of this petition.
If this is a joint petition-
CD Exhibit P 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)
E3 Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 1 80 days immediately
preceding the date of this petition or for a longer part of such 1 SO days than m any other District
CD There is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this District
CD Debtor is a debtor in a foreign proceeding and has its principal place of business or principal asset!) 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 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 )
Q Landlord has a judgment against the debtor for possession of debtor's residence. (If box checked, complete the following.)
(Name of landlord dial obtained judgment)
(Address of landlord)
CD 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
CD Debtor has included with this petition the deposit with the court of any rent that would become due during the 30-day
period after the filing of the petition.
D Debtor certifies that he/she has served the Landlord with this certiflcatioa ( 1 1 U.S.C. § 362(1)).
Official Form 1 (1/08) FORM Bl. Page 3
Voluntary Petition Name of Debtors):
(This page must be completed and filed In every case)
Richard K. RoyJballd
Signatures
Signatures) of Debtor(s) (Indlvtduol/Jobit) Signature of a Foreign Representative
I declare under penalty of perjury that the information provided in this
petition is true and correct I declare under penalty of perjury that the information provided in this
[If petitioner is an individual whose debts are primarily consumer debts petition is true and correct, that I am the foreign representative of a debtor
and has chosen to file under chapter 7] 1 am aware that I may proceed in a foreign proceeding, and that I am authorized to file this petition,
under chapter 7,11,12, or 13 of title 11, United States Code,
understand the relief available under each such chapter, and choose to (Check only one box.)
proceed under chapter 7
£] I request relief in accordance with chapter 15 of title 11, United States
[If no attorney represents me and no bankruptcy petition preparer
Code Certified copies of the documents required by 11 U.S.C. § 1515
signs the petition] I have obtained and read the notice required by are attached
li U.S.C. §342(b)
Q Pursuant to 11 U.S.C. §1511,1 request relief in accordance with the
I request relief in accordance with the chapter of title 11, United States chapter of title 11 specified in this petition. A certified copy of the
Code, specified in this petition. order granting recognition of the foreign main proceeding is attached.
X /s/ Richard X. Kaybalid
Signature of Debtor
(Signature of Foreign Representative)
Signature ol Joint Debtor
(Printed name of Foreign Representative)
Telephone Number (if not represented by attorney)
1/17/2010
1/17/2010 (Date)
Signature of Attorney*
Signature of Non-Attorney Bankruptcy Petition Preparer
X /s/ Scott A. CoBen I declare under penalty of perjury that' (1) I am a bankruptcy petition
Signature of Altomey lor Debtors) preparer as defined in 11 U S.C § 110; (2) I prepared this document for
compensation and have provided the debtor with a copy of this document
Scott A. CoBen 155160 and the notices and information required under 11 US C §§ 110(b), 110
Printed Name of Attorney fin Debtorft) (h), and 342(b); and, (3) if rules or guidelines have been promulgated
COBEN & ASSOCIATES pursuant to 11 U.S.C. § 110(h) setting a maximum fee for services
FuroK&nw bankruptcy petition preparers, I have given the debtor notice of the
maximum amount before preparing any document for filing for a debtor
1214 F Street or accepting any fee from the debtor, as required in that section. Official
Address Form 19 is attached
Sacramento CA 95814 Printed Name and title, if any, of Bankruptcy Petition Preparer
(916) 492-9010
Telephone NumDCr
Social-Security number (If the bankruptcy petition preparer is mlot an
1/17/2010 individual, state the Social-Security number of the officer, princip:
responsible person or partner of the bankruptcy petition preparer.)
(Required by 11 U.S.C. § 110.)
*In a case in which § 707(bX4XD) applies, this signature also
constitutes a certification that the attorney has no knowledge
after an inquiry that the information in the schedules is incorrect Address
Signature of Debtor (Corporation/Partnership)
X
I declare under penalty of perjury that the information provided
in this petition is true and correct, and that I have been
authorized to file this petition on behalf of the debtor.
Signature of bankruptcy petition preparer or officer, principal,
The debtor requests the relief in accordance with the chapter of responsible person, or partner whose Social-Security number is provided
title 11, United States Code, specified in this petition. Names and Social-Security numbers of all other individuals who prepared
or assisted in preparing this document unless the bankruptcy petition
preparer is not an individual.
Signature of Authorized Individual
Pimtod Ntnw of Authorized Individual If more than one person prepared this document, attach additional
sheets conforming to the appropriate official form for each peram.
Title of Anthemed Individual A bankruptcy petition preparer's failure to comply with the provisions of title
11 and the Federal Rules ofBankruptcy Procedure may result In fines or
1/17/2010 Imprisonment or both. 11 V.S.C. £ 110; 18 U.S.C. § 156.
Date
FORM b9ipln Notice of Chapter 13 Bankruptcy Case