Preview
F LcD/L'MDORSE:D
R
1 Todd A. Jones (Bar No. 198024)
i
Gregory K. Federico (Bar No. 242184)
2 ARCHER. MORRIS
A Professional Law Corporation MAR -2 2010
3 655 University Avenue, Suite 225
Sacramento, California 95825-6747 Bv:_ L. Whirfisld
4 Telephone: 916.646.2480 Deputy Clerk
Facsimile: 916.646.5696
5
Attorneys for Defendants and Cross-Defendants
6 RICHARD KIRK RUYBALID, individually, and
dba CA CONSTRUCTION
.7
8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF SACRAMENTO
10
11 RODNEY ABBOTT and FLORENTINE Case No. 07AS04450
ABBOTT,
12 NOTICE OF AUTOMATIC STAY AND
Plaintiffs, REQUEST FOR CONTINUANCE OF
13 HEARING ON DEFENDANT RONALD
v. BRITSCHGI'S MOTION TO DETERMINE
14 GOOD FAITH OF SETTLEMENT ON
RONALD PAUL BRITSCHGI, et al., MARCH 16,2010
15
Defendants.
16
Action Filed: September 24,2007
17 Trial Date: May 24,2010
18 Good Faith Hearing: March 16,2010
2:00 p.m.
19 Department 53
20
21 AND ALL RELATED CROSS-ACTIONS.
22
23 I- NOTICE OF AUTOMATIC STAY
24 PLEASE TAKE NOTICE that a case under Chapter 13 of Title 11 of the United States
25 Bankruptcy Code (hereinafter "Bankruptcy Code") was commenced on February 18, 2010 in the
26 United States Bankruptcy Court for the Eastern District of California on behalf of debtor
27 RICHARD K. RUYBALID, individually and dba CA CONSTRUCTION and is assigned Case
28 No. 2010-23787. Your attention is directed to United States Bankruptcy Code §362, which
NIC34I/921529-1
NOTICE OF AUTOMATIC STAY AND REQUEST FOR CONTINUATION OFMARCH 16, 2010 HEARING
ON DEFENDANT BRITSCHGI'S MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT
1 provides for an automatic stay against:
2 (1) The commencement or continuation, including the issuance or employment of
3 process, of a judicial, administrative, or other action or proceeding against the debtor that was or
4 could have been commenced before the commencement of the case under this title, or to recover a
5 claim against the debtor that arose before the commencement of the case under this title;
6 (2) The enforcement, against the debtor or against property of the estate, of a
7 judgment obtained before the commencement of the case under this title;
8 (3) Any act to obtain possession of property of the estate or of property from the estate
9 or to exercise control over property of the estate;
10 (4) Any act to create, perfect, or enforce any lien against property of the estate;
11 (5) Any act to create, perfect, or enforce against property of the debtor any lien to the
12 extent that such lien secures a claim that arose before the commencement of the case under this
13 title;
14 (6) Any act to collect, assess, or recover a claim against the debtor that arose before
15 the commencement of the case under this title;
16 (7) The setoff of any debt owing to the debtor that arose before the commencement of
17 the case under this title against any claim against the debtor; and
18 (8) The commencement or continuation of a proceeding before the United States Tax
19 Court concerning a corporate debtor's tax liability for a taxable period the bankruptcy court may
20 determine or concerning the tax liability of a debtor who is an individual for a taxable period
21 ending before the date of the order for relief under this title.
22 The automatic stay mandated by United States Bankruptcy Code §362 will remain in
23 effect until the bankruptcy action referenced above is dismissed or closed, or until such earlier
24 time as set forth in Sections 362(c), (d), (e), and (f) of the United States Bankruptcy Code.
25 II. REQUEST FOR CONTINUANCE OF MARCH 16, 2010 HEARING
26 On or about February 11,2010, Defendant RONALD BRITSCHGI filed his Motion to
27 Determine Good Faith of Settlement (hereinafter "Motion") in Department 53 of this Court. The
28 hearing is currently scheduled for March 16,2010 at 2:00 p.m. The Motion was filed before the
NIC341/921529-1 2
NOTICE OF AUTOMATIC STAY AND REQUEST FOR CONTINUATION OF MARCH 16, 2010 HEARING
ON DEFENDANT BRITSCHGI'S MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT
1 debtor filed his petition in the United States Bankruptcy Court for the Eastern District of
2 California. As a result of the automatic stay mandated by United States Bankruptcy Code §362,
3 the hearing cannot proceed on March 16,2010 and should be continued until such time as the
4 bankruptcy action is dismissed, closed, or specific relief from the stay provisions is obtained in
5 the appropriate Court.
6 Also, Defendant RICHARD K. RUYBALID, individually and dba CA CONSTRUCTION
7 is required to file an opposition to the Motion by March 3,2010. As a result of the automatic
8 stay, it cannot file an opposition to the Motion without violating the order of the bankruptcy
9 court. Defendant RICHARD K. RUYBALID, individually and dba CA CONSTRUCTION
10 hereby reserves its rights to oppose the Motion once the bankruptcy action is dismissed, closed, or
11 relief from the automatic stay is obtained.
12 ' Attached hereto as Exhibit "A" is a true and correct copy of the Notice of Chapter 13
13 Bankruptcy Case and Chapter 13 Petition.
14
15 Dated: March ^ . 2010 ARCHER NORRIS
16
17 „
Gregory K. Federico
Attorneys for Defendants and Cross-
Defendants RICHARD KIRK RUYBALID,
19 individually, and dba CA CONSTRUCTION
20
21
22
23
24
25
26
27
28
NIC341/921529-1
NOTICE OF AUTOMATIC STAY AND REQUEST FOR CONTINUATION OF MARCH 16, 2010 HEARING
ON DEFENDANT BRITSCHGI'S MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT
Official Form 1(1/08)
United States Bankruptcy Court
EASTERN DISTRICT OF CALIFORNIA
Name of Debtor (if individual, enter but, First, Middle) Name of Joint Debtor (SpouscXLast, Fust, Middle)
Raybal±d, Richard K.
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 mamed, maiden, and trade names) (include mamed, maiden, and trade names)
fdba CA ConsCzuction, fdba Valley Cabineta
Last four digits of Soo. Sec or Indwdual-Taxpayer IJD (ITIN) No ./Complete BIN Last four digits of Soc. Sec. or Indvidual-TaxpayerLD. (ITM) No /Complete BIN
(if more than one, stale »11) 5143 (if more than one, tfate tip.
Street Address of Debtor (No. & street, city, am) Kite* Street Address of Joint Debtor (No. & Street, City, ind State):
9332 Fair OaJfca Bird.
fair Oaka CA aPCODE ZIPCODE
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 (if different from street address): Mailing Address of Joint Debtor (if Afferentfromjtnxtaddran)
8KME
23PCODE
Location of Principal Assets of Business Debtor ZIPCODE
Of different from street tddrea above). 1*°
Type of Debtor (Form of organization) Nature of Business Chapter of Bankruptcy Code Under Which
(Check one box.) the Petition is Filed (Check one box)
(Cheek one box.)
D Health Care Business Chapter? Chapter 15 Petition for Recognition
gj Individual (includes Joint Debtors)
PI Single Asset Real Estate as defined Chapter 9 of a Foreign Main Proceeding
See Exhibit D on page 2 ofthtsform.
rallUS.C§101(5IB) D Chapter 11
(3 Corporation (includes LLC and LLP) Chapter 15 Petition for Recognition
D Chapter 12
[3 Railroad of a Foreign Nonmain Proceeding
I I Partnership Chapter 13
£] Stockbroker
l~l Other (if debtor is not one of the above Nature of Debts (Check one box)
entities, check this box and state type of l~l Commodity Broker
Debts are primarily consumer debts, defined £ Debts are primarily
entity below [D Clearing Bank in 1 1 U.S.C §101 (8) as "incurred by an business debts.
D Other individual primarily for a personal, family,
or household purpose"
Tax-Exempt Entity
(Check box, if applicable.) Chapter 11 Debtors:
PI Debtor is a tax-exempt organization Check one box:
under Title 26 of the United States D Debtor is a small business as defined in 11 U S.C. § 101 (51 D).
Code (the Internal Revenue Code) CD Debtor is not a small business debtor as defined in 11 U.S.C.§ 101(5ID).
Filing Fee (Check one box) Check If:
H Full Filing Fee attached [^Debtor's aggregate noncontingent liquidated debts (excluding debts
[~"| 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 all applicable boxes:
["1 A plan is being filed with this petition
f~| Filing Fee waiver requested (applicable to chapter 7 individuals only). Mint
attach signed application for the court's consideration See Oifi cial Form 3B l~l 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 THIS SPACE IS FOR COURT USE ONLY
PI Debtor estimates that funds will be available for distribution to unsecured creditors.
Kl Debtor estimates that, alter any exempt property is excluded and administrative expenses paid, there will be no funds available for
distribution to unsecured creditors.
Estimated Number of Creditors
8
1-49
D
50-99
D
100-199
D
200-999
n
1,000-
n5,001-
n
10.001-
D25,001-- n50.001-
n
Over
5,000 10.000 15,000 50,000 100.000 100,000
Estimated Assets
D
JO to
D
$30,001 to
nS'00.001 tx> $500,001 $1,000,001
D
$10,000,001 150,000,00)
3,000,00) y<>o,ooo,ooi
5100,000,001 $500,1,000,001 More than
2010-23787
$50.000 S100.000 $500,000 to SI to $10 to £50 to $100 to $500 to $1 billon St biftcm FILED
million mQhon million million minion
February 18, 2010
Estimated Liabilities
D
$010
D
(50,001 to
n$100,001 to
n.E
$500,001 $1,000,001
n
$10,000,001
n
$50,000,001
a
$100,000,001
a
$500,000,001
n
Morethen
8:30 AM
150,000 $100,000 $500,000 to SI to $10 to $50 to $100 to $500 to $1 billion $1 bitton
RELIEF ORDERED
million million million million miHiort CLERK, U.S. BANKRUPTCY COURT
EASTERN DISTRICT Or CALIFORNIA
000242S961
Offidnl Form 1(1/08) FORM Bl, Page 2
Voluntary Petition Name of Debtor(s):
(This page must be completed and filed m every case) Richard K. Kuyfcalid
AB Prior Bankruptcy Cases Filed Within Last 8 Years (If more than two, attach additional sheet)
location Where Filed: Case Number: Date Filed:
NONE
Location Where Filed- Case Number- Date Filed:
Pending Bankruptcy Case Filed by any Spouse, Partner or Affiliate of this Debtor (IT 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 (To be completed if debtor is an individual
(e.g., forms 10K and 10Q) with the Securities and Exchange whose debts are primarily consumer dcbtt)
Commission pursuant to Section 13 or 15(d) of the Securities I, the attorney for the petitioner named in the foregoing petition, declare that I
Exchange Act of 1934 and is requesting relief under Chapter 1 1) have informed the petitioner that (he or she] may proceed under chapter 7, 1 1, 12
or 13 of title 11, United States Code, and have explained the relief available under
each such chapter. J further certify that I have delivered to the debtor the notice
required by 1 1 U S.C. §342(b).
V
{""] Exhibit A is attached and made a part of this petition /a/ 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'
|~| Yes, and exhibit C is attached and made a part of this petition.
g| No
Exhibit D
CTo be completed by every individual debtor. If a joint petition is filed, each spouse must complete and attach a separate Exhibit D.)
£3 Exhibit D completed and signed by the debtor is attached and made part of this petition.
If this is a joint petition:
fl t'xbibit 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)
H Debtor has been domiciled or has had a residence, principal place ofbusiness, or principal assets in this District for 180 days immediately
preceding the date of this petition or for a longer part of such 1 80 days than in any other District.
D There is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this District.
O Debtor is a debtor in a foreign proceeding and has its principal place ofbusiness or principal assets in the United States in this District, or has no
principal place ofbusiness or assets in the United States but is a defendant in an action proceeding IID 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.)
£3 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)
O 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
("I 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 petio'oa
D Debtor certifies that he/she has served the Landlord with this certification. (11 U.SC. §362(1))-
Official Form 1 (1/08) FORM Bl, Page 3
Voluntary Petition Name of Debtors):
(This page mast be completed and filed in every case) Richard K. RuybsJLid
Signatures
Signatures) of Debtors) (IndMdual/Jolnt) Signature of a Foreign Representative
I declare under penalty of perju ry 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 1 am the foreign representative of a debtor
and has chosen to file under chapter 7] I am aware that I may proceed in a foreign proceeding, and that J 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.
[~| 1 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 US.C. § 1515
signs the petition) I have obtained and read the notice required by
are attached
11U.S.C. §342(b)
QJ Pursuant to 11 U.S.C. § 1511,1 request relief in accordance with the
1 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 (his petition. order granting recognition of the foreign main proceeding is attached.
X /«/ Richard K. Roybalid
Signature of Debtor X
(Signature of Foreign Representative)
X
Signature of Joint Debtor
(Printed name of Foreign Representative)
Telephone Number (jf not represents** by attorney) 1/17/2010
1/17/2010 (Date)
Signature of Attorney*
Signature or Non-Attorney Bankruptcy Petition Preparer
X /B/ Scott A. CoBen I declare under penally of perjury that (1) I am a bankruptcy petition
Signature of Attorney for Debton» 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 11US.C. §§ 110(b), 110
Printed Name of Attorney for Debtors) (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
Fran Name 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 Number
Social-Security number (If the bankruptcy petition preparer is not an
1/17/2010 individual, state the Social-Security number of the officer, principal,
Due responsible person or partner of the bankruptcy petit on 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 mfoimation 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 tn 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
Printed Name of Authorized Individual If more than one peison prepared Uus document, attach additional
sheets conforming to the appropriate official form for each person.
Title of Authorized Individual A bankruptcy petition preparer's failure to comply with the provisions of title
IJ and the Federal Rules of Bankruptcy Procedure may result in fines or
1/17/2010 imprisonment or both II US.C. § HO. 18 U.SC. § 156.
Date
FORM b9ip!n Notice of Chapter 13 Bankruptcy Case (v3 08} 10-23787-E- 13L
UNITED STATES BANKRUPTCY COURT FILED
Eastern District of California
Robert! Matsui United States Courthouse 3/1/10
501 I Street, Suite 3-200
Sacramento, CA 95814 CLERK, U S. BANKRUPTCY COURT
(916)930-4400 EASTERN DISTRICT OF CALIFORNIA
www.caeb.uscourts.gov
M-F 9.00 AM- 4-00 PM rlos
Notice of Chapter 13 Bankruptcy Case, Meeting of Creditors. & Deadlines
The debtor(s) listed below filed a chapter 13 bankruptcy case on 2/18/10 .
You may be a creditor of the debtor. This notice lists important deadlines. You may want to consult an attorney to
protect your rights. All documents filed in the case may be inspected at the bankruptcy clerk's office at the address listed
above. NOTE: The staff of the bankruptcy clerk's office cannot give legal advice
Case Number: 1Q-23787 - E - 13L
Debtor Name(s), Last four digits of Social Security or Individual Taxpayer ID (ITIN) No(s)./Complete EIN, and Address(es):
Richard K. Ruybalid
xxx-xx-5143
9332 Fair Oaks Blvd
Rair Oaks. CA 95628
ALL OTHER NAMES USED BY THE DEBTOR(S) IN THE LASTS YEARS {Include married, maiden, and trade names):
CA Construction
Valley Cabinets
Debtor's Attorney: Scott A. CoBen Trustee: Lawrence J. Loheit
1214 F St PO Box 1858
Sacramento, CA 95814 Sacramento, CA 95812-1858
Telephone Number: 916-492-9010 Telephone Number: 916-856-8000
MEETING OF CREDITORS
Location: . Robert T Matsui United States Courthouse, 501 I Street, Room 7-A, 7th Floor,
Sacramento, CA
Date & Time: 3/25/10 01:30PM
The debtor (both spouses in a joint case) must be present at the meeting to be questioned under oath by the trustee and by
creditors. See Explanations and Important Notice to Individual Debtors on reverse side.
Deadlines - Papers must be received by the bankruptcy clerk's office by the following deadlines:
Deadline to File a proof of Claim:
For all creditors (except a governmental unit): 6/23/10 For a governmental unit: 8/17/10
Deadline to File a Complaint to Determine Dischargeability of Certain Debts: 05/24/2010
Deadline to Object to Exemptions: Thirty (30) days after the conclusion of the meeting of creditors.
Creditor with a Foreign Address: A creditor to whom this notice is sent at a foreign address
should read the information under "Claims" on the reverse side
Filing of Plan, Deadline for Filing Objections, Hearing on Confirmation of Plan
The debtor has filed a plan. A copy of the plan is enclosed. Objections to the confirmation of this plan must be filed and served
by 04/01/2010. An objection shall state with particularity the grounds therefor, be supported by evidence, and be accompanied
by a notice of the confirmation hearing on 04/20/2010 at 01:00 PM in Department E, Courtroom 33,6th Floor, at the Robert T
Matsui United States Courthouse, 501 I Street, Sacramento, CA. The objection and notice of hearing must be served on the
debtor, the debtor's attorney, if any, and the bankruptcy trustee. If a timely objection is not filed and served, no confirmation
hearmgwill be conducted unless the court orders otherwise.
Creditors May Not Take Certain Actions
In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor
and the debtor's property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor
can request the court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the .
Bankruptcy Code, you may be penalized. Consult a lawyer to determine your rights in this case
See Reverse Side For important Explanations.
Dated: For the Court,
3/1/10 Richard G. Heltzel, Clerk
FORM b9ipln (Continued)
EXPLANATIONS
Filing of Chapter 13 A bankruptcy case under chapter 13 of the Bankruptcy Code (Title 11, United States Code)
Bankruptcy Case has been filed in this court by the debtorjs) listed on the front side, and an order for relief has
been entered. Chapter 13 allows an individual with regular income and debts below a
specified amount to adjust debts pursuant to a plan. A plan is not effective unless confirmed
by the court. You may object to confirmation of the plan and appear at the confirmation
hearing. A copy or summary of the plan will be sent to you later, and you will be sent notice of
the confirmation hearing. The debtor will remain in possession of the debtor's property and
may continue to operate the debtor's business unless the court orders otherwise.
Legal Advice The staff of the bankruptcy clerk's office cannot give legal advice. Consult a lawyer to
determine your rights in this case.
Creditors Generally May Not Prohibited collection actions are listed in Bankruptcy Code §362 and §1201. Common
Take Certain Actions examples of prohibited actions include contacting the debtor by telephone, mail or otherwise
to demand repayment; taking actions to collect money or obtain property from the debtor
starting or continuing lawsuits or foreclosures; repossessing the debtor's property; and
garnishing or deducting from the debtor's wages. Under certain circumstances, the stay may
be limited to 30 days or not exist at all, although the debtor can request the court to extend or
impose a stay.
Meeting of Creditors A meeting of creditors is scheduled for the date, time and location listed on the front side. The
debtor (both spouses in a joint case) must be present at the meeting to be questioned under
oath by the trustee and by creditors. Creditors are welcome to attend, but are not required to
do so. The meeting may be continued and concluded at a later date without further notice.
Important Notice to Individual Debtors: The United States Trustee requires all debtors who
are individuals to provide government issued photo identification and proof of social security
number to the trustee at the meeting of creditors. Failure to appear at the meeting of
creditors, or failure to provide proper identification and proof of social security information,
may result in a motion to dismiss your case.
Claims A Proof of Claim is a signed statement describing a creditor's claim. If a Proof of Claim form is
not included with this notice, you can obtain one at any bankruptcy clerk's office. A secured
creditor retains rights in its collateral regardless of whether that creditor files a Proof of Claim,
if you do not file a Proof of Claim by the "Deadline to File a Proof of Claim" listed on the front
side, you might not be paid any money on your claim from other assets in the bankruptcy
case. To be paid you must file a Proof of Claim even if your claim is listed in the schedules
filed by the debtor. Filing a Proof of Claim submits the creditor to the jurisdiction of the
bankruptcy court, with consequences a lawyer can explain. For example, a secured creditor
who files a Proof of Claim may surrender important nonmonetary rights, including the right to
a jury trial.
Filing Deadline for a Creditor with a Foreign Address: The deadlines for filing claims set
forth on the front of this notice apply to all creditors. If this notice has been mailed to a creditor
at a foreign address, the creditor may file a motion requesting the court to extend the
deadline.
Discharge of Debts The debtor is seeking a discharge of most debts, which may include your debt. A discharge
means that you may never try to collect the debt from the debtor. If you believe that the debtor
is not entitled to receive a discharge under Bankruptcy Code §523(a)(2), (4), or (6), you must
start a lawsuit by filing a complaint in the bankruptcy clerk's office by the "Deadline to File a
Complaint to Determine Dischargeability of Certain Debts" listed on the front side. The
bankruptcy clerk's office must receive the complaint and the required filing fee by that
deadline.
Exempt Property The debtor is permitted by law to keep certain property as exempt Exempt property will not
be sold and distributed to creditors, even if the debtor's case is converted to chapter?. The
debtor must file a list of all property claimed as exempt You may inspect that list at the
bankruptcy clerk's office. If you believe that an exemption claimed by the debtor is not
authorized by law, you may file an objection to that exemption. The bankruptcy clerk's office
must receive the objection by the "Deadline to Object to Exemptions" listed on the front side.
Bankruptcy Clerk's Office Any paper that you file in this bankruptcy case should be filed at the bankruptcy clerk's office
at the address listed on the front side. You may inspect all papers filed, including the list of the
debtor's property and debts, at the bankruptcy clerk's office.
Creditor with a Foreign Consult a lawyer familiar with United States bankruptcy law if you have any questions
Address regarding your rights in this case.
Refer to Other Side For Important Deadlines and Notices
1 PROOF OF SERVICE
2 Name of Action: Rodney Abbott, et al. v. Ronald Paul Britschgi, et al.
Court and Action No: Sacramento County Superior No. 07AS04450
3
I, Marie Cantrell, declare that I am over the age of 18 years and not a party to this action
4 or proceeding. My business address is 655 University Avenue, Suite 225, Sacramento, California
95825. On March 2, 2010,1 caused the following document(s) to be served:
5
NOTICE OF AUTOMATIC STAY AND REQUEST FOR CONTINUANCE OF HEARING ON
6 DEFENDANT RONALD BRITSCHGI'S MOTION TO DETERMINE GOOD FAITH
SETTLEMENT ON MARCH 16,2010
7
by placing a true copy of the documents listed above, enclosed in a sealed envelope,
addressed as set forth below, for collection and mailing on the date and at the business
address shown above following our ordinary business practices. I am readily familiar
with this business' practice for collection and processing of correspondence for
mailing with the United States Postal Service. On the same day that a sealed envelope
is placed for collection and mailing, it is deposited in the ordinary course of business
11 with the United States Postal Service with postage fully prepaid.
12 |—| by having a true copy of the document(s) listed above transmitted by facsimile to the
person(s) at the facsimile number(s) set forth below before 5:00 p.m. The transmission
was reported as complete without error by a report issued by the transmitting facsimile
14 machine.
15 I—I ky placing a true copy of the document(s) listed above, in a box or other facility
regularly maintained by UPS, an express service carrier, or delivered to a courier or
16 driver authorized by the express service carrier to receive documents, in an envelope
designated by the express service carrier, with delivery fees paid or provided for,
*' addressed as set forth below.
18 H
[SEE ATTACHED SERVICE LIST]
20 M
I declare under penalty of perjury that the foregoing is true and correct. Executed on
^ March 2,2010, at Sacramento, California.
22
23
24
25
26
27
28
NIC341/608293-1
PROOF OF SERVICE
1 Service List
2
Stephanie Finelli PLAINTIFFS
3 Law Offices of Stephanie J. Finelli
1007 Seventh Street, Suite 500 Tel: (916) 443-2144
4 Sacramento, CA 95814 Fax:(916)443-1511
E-mail: sfinelli700@yahoo.com
5
Craig N. Lundgren Counsel for RONALD PAUL BRITSCHGI,
6 LUNDGREN & REYNOLDS, LLP INDIVIDUALLY AND DBA BRITSCHGI
424 Second Street, Suite A CORPORATION
7 Davis, CA 95616
Tel: (530)297-5030
8 Fax: (530) 297-5077
E-mail: clundgren@lr-Iaw.net
9
Richard D. Sopp Counsel for CADRE DESIGN GROUP, INC.
10 Wheatley Sopp LLP
1004 River Rock Drive, Suite 245 Tel: (916) 988-3857
11 Folsom, CA 95630 Fax:(916)988-5296
Email: rds@mwsblaw com
12
Sean D. Schwerdtfeger Counsel for CONSTRUCTION TESTING &
13 Joyati Tanya Schomee ENGINEERING, INC.
L/O OF SEAN D. SCHWERDTFEGER
14 501 West Broadway, Suite 1700 Tel: (619) 595-3403
San Diego, CA92101 Fax:(619)595-3404
15 Email: sean.schwerdtfeger@gmail.com
16 Mark Smith In Pro Per (SENT VIA MAIL ONLY)
8549 Willow Valley Pl
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F LcD/L'MDORSE:D R 1 Todd A. Jones (Bar No. 198024) i Gregory K. Federico (Bar No. 242184) 2 ARCHER. MORRIS A Professional Law Corporation MAR -2 2010 3 655 University Avenue, Suite 225 Sacramento, California 95825-6747 Bv:_ L. Whirfisld 4 Telephone: 916.646.2480 Deputy Clerk Facsimile: 916.646.5696 5 Attorneys for Defendants and Cross-Defendants 6 RICHARD KIRK RUYBALID, individually, and dba CA CONSTRUCTION .7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 11 RODNEY ABBOTT and FLORENTINE Case No. 07AS04450 ABBOTT, 12 NOTICE OF AUTOMATIC STAY AND Plaintiffs, REQUEST FOR CONTINUANCE OF 13 HEARING ON DEFENDANT RONALD v. BRITSCHGI'S MOTION TO DETERMINE 14 GOOD FAITH OF SETTLEMENT ON RONALD PAUL BRITSCHGI, et al., MARCH 16,2010 15 Defendants. 16 Action Filed: September 24,2007 17 Trial Date: May 24,2010 18 Good Faith Hearing: March 16,2010 2:00 p.m. 19 Department 53 20 21 AND ALL RELATED CROSS-ACTIONS. 22 23 I- NOTICE OF AUTOMATIC STAY 24 PLEASE TAKE NOTICE that a case under Chapter 13 of Title 11 of the United States 25 Bankruptcy Code (hereinafter "Bankruptcy Code") was commenced on February 18, 2010 in the 26 United States Bankruptcy Court for the Eastern District of California on behalf of debtor 27 RICHARD K. RUYBALID, individually and dba CA CONSTRUCTION and is assigned Case 28 No. 2010-23787. Your attention is directed to United States Bankruptcy Code §362, which NIC34I/921529-1 NOTICE OF AUTOMATIC STAY AND REQUEST FOR CONTINUATION OFMARCH 16, 2010 HEARING ON DEFENDANT BRITSCHGI'S MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT 1 provides for an automatic stay against: 2 (1) The commencement or continuation, including the issuance or employment of 3 process, of a judicial, administrative, or other action or proceeding against the debtor that was or 4 could have been commenced before the commencement of the case under this title, or to recover a 5 claim against the debtor that arose before the commencement of the case under this title; 6 (2) The enforcement, against the debtor or against property of the estate, of a 7 judgment obtained before the commencement of the case under this title; 8 (3) Any act to obtain possession of property of the estate or of property from the estate 9 or to exercise control over property of the estate; 10 (4) Any act to create, perfect, or enforce any lien against property of the estate; 11 (5) Any act to create, perfect, or enforce against property of the debtor any lien to the 12 extent that such lien secures a claim that arose before the commencement of the case under this 13 title; 14 (6) Any act to collect, assess, or recover a claim against the debtor that arose before 15 the commencement of the case under this title; 16 (7) The setoff of any debt owing to the debtor that arose before the commencement of 17 the case under this title against any claim against the debtor; and 18 (8) The commencement or continuation of a proceeding before the United States Tax 19 Court concerning a corporate debtor's tax liability for a taxable period the bankruptcy court may 20 determine or concerning the tax liability of a debtor who is an individual for a taxable period 21 ending before the date of the order for relief under this title. 22 The automatic stay mandated by United States Bankruptcy Code §362 will remain in 23 effect until the bankruptcy action referenced above is dismissed or closed, or until such earlier 24 time as set forth in Sections 362(c), (d), (e), and (f) of the United States Bankruptcy Code. 25 II. REQUEST FOR CONTINUANCE OF MARCH 16, 2010 HEARING 26 On or about February 11,2010, Defendant RONALD BRITSCHGI filed his Motion to 27 Determine Good Faith of Settlement (hereinafter "Motion") in Department 53 of this Court. The 28 hearing is currently scheduled for March 16,2010 at 2:00 p.m. The Motion was filed before the NIC341/921529-1 2 NOTICE OF AUTOMATIC STAY AND REQUEST FOR CONTINUATION OF MARCH 16, 2010 HEARING ON DEFENDANT BRITSCHGI'S MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT 1 debtor filed his petition in the United States Bankruptcy Court for the Eastern District of 2 California. As a result of the automatic stay mandated by United States Bankruptcy Code §362, 3 the hearing cannot proceed on March 16,2010 and should be continued until such time as the 4 bankruptcy action is dismissed, closed, or specific relief from the stay provisions is obtained in 5 the appropriate Court. 6 Also, Defendant RICHARD K. RUYBALID, individually and dba CA CONSTRUCTION 7 is required to file an opposition to the Motion by March 3,2010. As a result of the automatic 8 stay, it cannot file an opposition to the Motion without violating the order of the bankruptcy 9 court. Defendant RICHARD K. RUYBALID, individually and dba CA CONSTRUCTION 10 hereby reserves its rights to oppose the Motion once the bankruptcy action is dismissed, closed, or 11 relief from the automatic stay is obtained. 12 ' Attached hereto as Exhibit "A" is a true and correct copy of the Notice of Chapter 13 13 Bankruptcy Case and Chapter 13 Petition. 14 15 Dated: March ^ . 2010 ARCHER NORRIS 16 17 „ Gregory K. Federico Attorneys for Defendants and Cross- Defendants RICHARD KIRK RUYBALID, 19 individually, and dba CA CONSTRUCTION 20 21 22 23 24 25 26 27 28 NIC341/921529-1 NOTICE OF AUTOMATIC STAY AND REQUEST FOR CONTINUATION OF MARCH 16, 2010 HEARING ON DEFENDANT BRITSCHGI'S MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT Official Form 1(1/08) United States Bankruptcy Court EASTERN DISTRICT OF CALIFORNIA Name of Debtor (if individual, enter but, First, Middle) Name of Joint Debtor (SpouscXLast, Fust, Middle) Raybal±d, Richard K. 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 mamed, maiden, and trade names) (include mamed, maiden, and trade names) fdba CA ConsCzuction, fdba Valley Cabineta Last four digits of Soo. Sec or Indwdual-Taxpayer IJD (ITIN) No ./Complete BIN Last four digits of Soc. Sec. or Indvidual-TaxpayerLD. (ITM) No /Complete BIN (if more than one, stale »11) 5143 (if more than one, tfate tip. Street Address of Debtor (No. & street, city, am) Kite* Street Address of Joint Debtor (No. & Street, City, ind State): 9332 Fair OaJfca Bird. fair Oaka CA aPCODE ZIPCODE 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 (if different from street address): Mailing Address of Joint Debtor (if Afferentfromjtnxtaddran) 8KME 23PCODE Location of Principal Assets of Business Debtor ZIPCODE Of different from street tddrea above). 1*° Type of Debtor (Form of organization) Nature of Business Chapter of Bankruptcy Code Under Which (Check one box.) the Petition is Filed (Check one box) (Cheek one box.) D Health Care Business Chapter? Chapter 15 Petition for Recognition gj Individual (includes Joint Debtors) PI Single Asset Real Estate as defined Chapter 9 of a Foreign Main Proceeding See Exhibit D on page 2 ofthtsform. rallUS.C§101(5IB) D Chapter 11 (3 Corporation (includes LLC and LLP) Chapter 15 Petition for Recognition D Chapter 12 [3 Railroad of a Foreign Nonmain Proceeding I I Partnership Chapter 13 £] Stockbroker l~l Other (if debtor is not one of the above Nature of Debts (Check one box) entities, check this box and state type of l~l Commodity Broker Debts are primarily consumer debts, defined £ Debts are primarily entity below [D Clearing Bank in 1 1 U.S.C §101 (8) as "incurred by an business debts. D Other individual primarily for a personal, family, or household purpose" Tax-Exempt Entity (Check box, if applicable.) Chapter 11 Debtors: PI Debtor is a tax-exempt organization Check one box: under Title 26 of the United States D Debtor is a small business as defined in 11 U S.C. § 101 (51 D). Code (the Internal Revenue Code) CD Debtor is not a small business debtor as defined in 11 U.S.C.§ 101(5ID). Filing Fee (Check one box) Check If: H Full Filing Fee attached [^Debtor's aggregate noncontingent liquidated debts (excluding debts [~"| 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 all applicable boxes: ["1 A plan is being filed with this petition f~| Filing Fee waiver requested (applicable to chapter 7 individuals only). Mint attach signed application for the court's consideration See Oifi cial Form 3B l~l 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 THIS SPACE IS FOR COURT USE ONLY PI Debtor estimates that funds will be available for distribution to unsecured creditors. Kl Debtor estimates that, alter any exempt property is excluded and administrative expenses paid, there will be no funds available for distribution to unsecured creditors. Estimated Number of Creditors 8 1-49 D 50-99 D 100-199 D 200-999 n 1,000- n5,001- n 10.001- D25,001-- n50.001- n Over 5,000 10.000 15,000 50,000 100.000 100,000 Estimated Assets D JO to D $30,001 to nS'00.001 tx> $500,001 $1,000,001 D $10,000,001 150,000,00) 3,000,00) y<>o,ooo,ooi 5100,000,001 $500,1,000,001 More than 2010-23787 $50.000 S100.000 $500,000 to SI to $10 to £50 to $100 to $500 to $1 billon St biftcm FILED million mQhon million million minion February 18, 2010 Estimated Liabilities D $010 D (50,001 to n$100,001 to n.E $500,001 $1,000,001 n $10,000,001 n $50,000,001 a $100,000,001 a $500,000,001 n Morethen 8:30 AM 150,000 $100,000 $500,000 to SI to $10 to $50 to $100 to $500 to $1 billion $1 bitton RELIEF ORDERED million million million million miHiort CLERK, U.S. BANKRUPTCY COURT EASTERN DISTRICT Or CALIFORNIA 000242S961 Offidnl Form 1(1/08) FORM Bl, Page 2 Voluntary Petition Name of Debtor(s): (This page must be completed and filed m every case) Richard K. Kuyfcalid AB Prior Bankruptcy Cases Filed Within Last 8 Years (If more than two, attach additional sheet) location Where Filed: Case Number: Date Filed: NONE Location Where Filed- Case Number- Date Filed: Pending Bankruptcy Case Filed by any Spouse, Partner or Affiliate of this Debtor (IT 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 (To be completed if debtor is an individual (e.g., forms 10K and 10Q) with the Securities and Exchange whose debts are primarily consumer dcbtt) Commission pursuant to Section 13 or 15(d) of the Securities I, the attorney for the petitioner named in the foregoing petition, declare that I Exchange Act of 1934 and is requesting relief under Chapter 1 1) have informed the petitioner that (he or she] may proceed under chapter 7, 1 1, 12 or 13 of title 11, United States Code, and have explained the relief available under each such chapter. J further certify that I have delivered to the debtor the notice required by 1 1 U S.C. §342(b). V {""] Exhibit A is attached and made a part of this petition /a/ 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' |~| Yes, and exhibit C is attached and made a part of this petition. g| No Exhibit D CTo be completed by every individual debtor. If a joint petition is filed, each spouse must complete and attach a separate Exhibit D.) £3 Exhibit D completed and signed by the debtor is attached and made part of this petition. If this is a joint petition: fl t'xbibit 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) H Debtor has been domiciled or has had a residence, principal place ofbusiness, or principal assets in this District for 180 days immediately preceding the date of this petition or for a longer part of such 1 80 days than in any other District. D There is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this District. O Debtor is a debtor in a foreign proceeding and has its principal place ofbusiness or principal assets in the United States in this District, or has no principal place ofbusiness or assets in the United States but is a defendant in an action proceeding IID 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.) £3 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) O 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 ("I 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 petio'oa D Debtor certifies that he/she has served the Landlord with this certification. (11 U.SC. §362(1))- Official Form 1 (1/08) FORM Bl, Page 3 Voluntary Petition Name of Debtors): (This page mast be completed and filed in every case) Richard K. RuybsJLid Signatures Signatures) of Debtors) (IndMdual/Jolnt) Signature of a Foreign Representative I declare under penalty of perju ry 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 1 am the foreign representative of a debtor and has chosen to file under chapter 7] I am aware that I may proceed in a foreign proceeding, and that J 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. [~| 1 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 US.C. § 1515 signs the petition) I have obtained and read the notice required by are attached 11U.S.C. §342(b) QJ Pursuant to 11 U.S.C. § 1511,1 request relief in accordance with the 1 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 (his petition. order granting recognition of the foreign main proceeding is attached. X /«/ Richard K. Roybalid Signature of Debtor X (Signature of Foreign Representative) X Signature of Joint Debtor (Printed name of Foreign Representative) Telephone Number (jf not represents** by attorney) 1/17/2010 1/17/2010 (Date) Signature of Attorney* Signature or Non-Attorney Bankruptcy Petition Preparer X /B/ Scott A. CoBen I declare under penally of perjury that (1) I am a bankruptcy petition Signature of Attorney for Debton» 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 11US.C. §§ 110(b), 110 Printed Name of Attorney for Debtors) (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 Fran Name 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 Number Social-Security number (If the bankruptcy petition preparer is not an 1/17/2010 individual, state the Social-Security number of the officer, principal, Due responsible person or partner of the bankruptcy petit on 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 mfoimation 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 tn 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 Printed Name of Authorized Individual If more than one peison prepared Uus document, attach additional sheets conforming to the appropriate official form for each person. Title of Authorized Individual A bankruptcy petition preparer's failure to comply with the provisions of title IJ and the Federal Rules of Bankruptcy Procedure may result in fines or 1/17/2010 imprisonment or both II US.C. § HO. 18 U.SC. § 156. Date FORM b9ip!n Notice of Chapter 13 Bankruptcy Case (v3 08} 10-23787-E- 13L UNITED STATES BANKRUPTCY COURT FILED Eastern District of California Robert! Matsui United States Courthouse 3/1/10 501 I Street, Suite 3-200 Sacramento, CA 95814 CLERK, U S. BANKRUPTCY COURT (916)930-4400 EASTERN DISTRICT OF CALIFORNIA www.caeb.uscourts.gov M-F 9.00 AM- 4-00 PM rlos Notice of Chapter 13 Bankruptcy Case, Meeting of Creditors. & Deadlines The debtor(s) listed below filed a chapter 13 bankruptcy case on 2/18/10 . You may be a creditor of the debtor. This notice lists important deadlines. You may want to consult an attorney to protect your rights. All documents filed in the case may be inspected at the bankruptcy clerk's office at the address listed above. NOTE: The staff of the bankruptcy clerk's office cannot give legal advice Case Number: 1Q-23787 - E - 13L Debtor Name(s), Last four digits of Social Security or Individual Taxpayer ID (ITIN) No(s)./Complete EIN, and Address(es): Richard K. Ruybalid xxx-xx-5143 9332 Fair Oaks Blvd Rair Oaks. CA 95628 ALL OTHER NAMES USED BY THE DEBTOR(S) IN THE LASTS YEARS {Include married, maiden, and trade names): CA Construction Valley Cabinets Debtor's Attorney: Scott A. CoBen Trustee: Lawrence J. Loheit 1214 F St PO Box 1858 Sacramento, CA 95814 Sacramento, CA 95812-1858 Telephone Number: 916-492-9010 Telephone Number: 916-856-8000 MEETING OF CREDITORS Location: . Robert T Matsui United States Courthouse, 501 I Street, Room 7-A, 7th Floor, Sacramento, CA Date & Time: 3/25/10 01:30PM The debtor (both spouses in a joint case) must be present at the meeting to be questioned under oath by the trustee and by creditors. See Explanations and Important Notice to Individual Debtors on reverse side. Deadlines - Papers must be received by the bankruptcy clerk's office by the following deadlines: Deadline to File a proof of Claim: For all creditors (except a governmental unit): 6/23/10 For a governmental unit: 8/17/10 Deadline to File a Complaint to Determine Dischargeability of Certain Debts: 05/24/2010 Deadline to Object to Exemptions: Thirty (30) days after the conclusion of the meeting of creditors. Creditor with a Foreign Address: A creditor to whom this notice is sent at a foreign address should read the information under "Claims" on the reverse side Filing of Plan, Deadline for Filing Objections, Hearing on Confirmation of Plan The debtor has filed a plan. A copy of the plan is enclosed. Objections to the confirmation of this plan must be filed and served by 04/01/2010. An objection shall state with particularity the grounds therefor, be supported by evidence, and be accompanied by a notice of the confirmation hearing on 04/20/2010 at 01:00 PM in Department E, Courtroom 33,6th Floor, at the Robert T Matsui United States Courthouse, 501 I Street, Sacramento, CA. The objection and notice of hearing must be served on the debtor, the debtor's attorney, if any, and the bankruptcy trustee. If a timely objection is not filed and served, no confirmation hearmgwill be conducted unless the court orders otherwise. Creditors May Not Take Certain Actions In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the debtor's property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the . Bankruptcy Code, you may be penalized. Consult a lawyer to determine your rights in this case See Reverse Side For important Explanations. Dated: For the Court, 3/1/10 Richard G. Heltzel, Clerk FORM b9ipln (Continued) EXPLANATIONS Filing of Chapter 13 A bankruptcy case under chapter 13 of the Bankruptcy Code (Title 11, United States Code) Bankruptcy Case has been filed in this court by the debtorjs) listed on the front side, and an order for relief has been entered. Chapter 13 allows an individual with regular income and debts below a specified amount to adjust debts pursuant to a plan. A plan is not effective unless confirmed by the court. You may object to confirmation of the plan and appear at the confirmation hearing. A copy or summary of the plan will be sent to you later, and you will be sent notice of the confirmation hearing. The debtor will remain in possession of the debtor's property and may continue to operate the debtor's business unless the court orders otherwise. Legal Advice The staff of the bankruptcy clerk's office cannot give legal advice. Consult a lawyer to determine your rights in this case. Creditors Generally May Not Prohibited collection actions are listed in Bankruptcy Code §362 and §1201. Common Take Certain Actions examples of prohibited actions include contacting the debtor by telephone, mail or otherwise to demand repayment; taking actions to collect money or obtain property from the debtor starting or continuing lawsuits or foreclosures; repossessing the debtor's property; and garnishing or deducting from the debtor's wages. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. Meeting of Creditors A meeting of creditors is scheduled for the date, time and location listed on the front side. The debtor (both spouses in a joint case) must be present at the meeting to be questioned under oath by the trustee and by creditors. Creditors are welcome to attend, but are not required to do so. The meeting may be continued and concluded at a later date without further notice. Important Notice to Individual Debtors: The United States Trustee requires all debtors who are individuals to provide government issued photo identification and proof of social security number to the trustee at the meeting of creditors. Failure to appear at the meeting of creditors, or failure to provide proper identification and proof of social security information, may result in a motion to dismiss your case. Claims A Proof of Claim is a signed statement describing a creditor's claim. If a Proof of Claim form is not included with this notice, you can obtain one at any bankruptcy clerk's office. A secured creditor retains rights in its collateral regardless of whether that creditor files a Proof of Claim, if you do not file a Proof of Claim by the "Deadline to File a Proof of Claim" listed on the front side, you might not be paid any money on your claim from other assets in the bankruptcy case. To be paid you must file a Proof of Claim even if your claim is listed in the schedules filed by the debtor. Filing a Proof of Claim submits the creditor to the jurisdiction of the bankruptcy court, with consequences a lawyer can explain. For example, a secured creditor who files a Proof of Claim may surrender important nonmonetary rights, including the right to a jury trial. Filing Deadline for a Creditor with a Foreign Address: The deadlines for filing claims set forth on the front of this notice apply to all creditors. If this notice has been mailed to a creditor at a foreign address, the creditor may file a motion requesting the court to extend the deadline. Discharge of Debts The debtor is seeking a discharge of most debts, which may include your debt. A discharge means that you may never try to collect the debt from the debtor. If you believe that the debtor is not entitled to receive a discharge under Bankruptcy Code §523(a)(2), (4), or (6), you must start a lawsuit by filing a complaint in the bankruptcy clerk's office by the "Deadline to File a Complaint to Determine Dischargeability of Certain Debts" listed on the front side. The bankruptcy clerk's office must receive the complaint and the required filing fee by that deadline. Exempt Property The debtor is permitted by law to keep certain property as exempt Exempt property will not be sold and distributed to creditors, even if the debtor's case is converted to chapter?. The debtor must file a list of all property claimed as exempt You may inspect that list at the bankruptcy clerk's office. If you believe that an exemption claimed by the debtor is not authorized by law, you may file an objection to that exemption. The bankruptcy clerk's office must receive the objection by the "Deadline to Object to Exemptions" listed on the front side. Bankruptcy Clerk's Office Any paper that you file in this bankruptcy case should be filed at the bankruptcy clerk's office at the address listed on the front side. You may inspect all papers filed, including the list of the debtor's property and debts, at the bankruptcy clerk's office. Creditor with a Foreign Consult a lawyer familiar with United States bankruptcy law if you have any questions Address regarding your rights in this case. Refer to Other Side For Important Deadlines and Notices 1 PROOF OF SERVICE 2 Name of Action: Rodney Abbott, et al. v. Ronald Paul Britschgi, et al. Court and Action No: Sacramento County Superior No. 07AS04450 3 I, Marie Cantrell, declare that I am over the age of 18 years and not a party to this action 4 or proceeding. My business address is 655 University Avenue, Suite 225, Sacramento, California 95825. On March 2, 2010,1 caused the following document(s) to be served: 5 NOTICE OF AUTOMATIC STAY AND REQUEST FOR CONTINUANCE OF HEARING ON 6 DEFENDANT RONALD BRITSCHGI'S MOTION TO DETERMINE GOOD FAITH SETTLEMENT ON MARCH 16,2010 7 by placing a true copy of the documents listed above, enclosed in a sealed envelope, addressed as set forth below, for collection and mailing on the date and at the business address shown above following our ordinary business practices. I am readily familiar with this business' practice for collection and processing of correspondence for mailing with the United States Postal Service. On the same day that a sealed envelope is placed for collection and mailing, it is deposited in the ordinary course of business 11 with the United States Postal Service with postage fully prepaid. 12 |—| by having a true copy of the document(s) listed above transmitted by facsimile to the person(s) at the facsimile number(s) set forth below before 5:00 p.m. The transmission was reported as complete without error by a report issued by the transmitting facsimile 14 machine. 15 I—I ky placing a true copy of the document(s) listed above, in a box or other facility regularly maintained by UPS, an express service carrier, or delivered to a courier or 16 driver authorized by the express service carrier to receive documents, in an envelope designated by the express service carrier, with delivery fees paid or provided for, *' addressed as set forth below. 18 H [SEE ATTACHED SERVICE LIST] 20 M I declare under penalty of perjury that the foregoing is true and correct. Executed on ^ March 2,2010, at Sacramento, California. 22 23 24 25 26 27 28 NIC341/608293-1 PROOF OF SERVICE 1 Service List 2 Stephanie Finelli PLAINTIFFS 3 Law Offices of Stephanie J. Finelli 1007 Seventh Street, Suite 500 Tel: (916) 443-2144 4 Sacramento, CA 95814 Fax:(916)443-1511 E-mail: sfinelli700@yahoo.com 5 Craig N. Lundgren Counsel for RONALD PAUL BRITSCHGI, 6 LUNDGREN & REYNOLDS, LLP INDIVIDUALLY AND DBA BRITSCHGI 424 Second Street, Suite A CORPORATION 7 Davis, CA 95616 Tel: (530)297-5030 8 Fax: (530) 297-5077 E-mail: clundgren@lr-Iaw.net 9 Richard D. Sopp Counsel for CADRE DESIGN GROUP, INC. 10 Wheatley Sopp LLP 1004 River Rock Drive, Suite 245 Tel: (916) 988-3857 11 Folsom, CA 95630 Fax:(916)988-5296 Email: rds@mwsblaw com 12 Sean D. Schwerdtfeger Counsel for CONSTRUCTION TESTING & 13 Joyati Tanya Schomee ENGINEERING, INC. L/O OF SEAN D. SCHWERDTFEGER 14 501 West Broadway, Suite 1700 Tel: (619) 595-3403 San Diego, CA92101 Fax:(619)595-3404 15 Email: sean.schwerdtfeger@gmail.com 16 Mark Smith In Pro Per (SENT VIA MAIL ONLY) 8549 Willow Valley Pl