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Filing # 54069370 E-Filed 03/22/2017 02:15:23 PM
IN THE TWENTIETH CIRCUIT COURT IN AND
FOR CHARLOTTE COUNTY, FLORIDA CIVIL
DIVISION
CASE NO. 08-2017-CA-000100
U.S. BANK, NATIONAL ASSOCIATION AS
LEGAL TITLE TRUSTEE FOR TRUMAN 2016
SC6 TITLE TRUST,
Plaintiff,
vs.
THOMAS F. LAMATRICE, et al,
Defendant(s).
/
NOTICE OF DEFENDANT’S INTENTION TO SURRENDER PROPERTY
Plaintiff, U.S. BANK, NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEE
FOR TRUMAN 2016 SC6 TITLE TRUST, hereby gives notice to the Defendant, THOMAS F.
LAMATRICE (“Defendant”), and the Court of the Defendant’s election to surrender the subject
property in consideration and in support thereof states:
1 Defendant filed a voluntary Chapter 7 bankruptcy in February 14, 2012.
2 Defendant listed the subject property in his Bankruptcy Petition and indicated an
intent to surrender the property. Exhibit “A.”
3 As the Defendant has surrendered the property he gave up any right or claim to
the property and can no longer contest this foreclosure action. Failla v. Citibank, N.A., 838 F.3d
1170, 1177 (11" Cir. 2016); see also Rivera y. Bank of Am., N.A., 190 So. 3d 267 (Fla. 5" DCA
2016)(finding that due to the appellant’s intent to surrender the property the appellant
relinquished his rights and the appeal was dismissed).
WHEREFORE, the Plaintiff hereby provides the Defendant, its counsel and the Court
notice of the Defendant’s intent to surrender and legal obligation to not interfere with Plaintiffs
right to foreclose.
DATED: March 22, 2017
SHD Legal Group P.A.
Attorneys for Plaintiff
PO BOX 19519
Fort Lauderdale, FL 33318
Telephone: (954) 564-0071
Facsimile: (954) 564-9252
Service E-mail: answers@shdlegalgroup.com
By: /s/ Adam A. Diaz
Adam A. Diaz
Florida Bar No. 98379
EXHIBIT “A”
Case 9:12-bk-02006-FMD Doc1 Filed 02/14/12 Page 1 of 47
BL(Official Form D2/.)
United States Bankruptcy Court
Middle District of Florida Voluntary Petition
Name of Debtor (if individual, enter Last, First, Middle): [Name of Joint Debtor (Spouse) (Last, First, Middle):
Lamatrice, Thomas F.
[ATI Other Names used by the Debtor in the last 8 years TAT Other Names used by the Joint Debtor in the last 8 years
(include married, maiden, and trade names): {include married, maiden, and trade names):
[Last four digits of Soc. Sec. or Individual-Taxpayer LD. (ITIN) No./Complete EIN Last Tour digits of Soc. Sec. or Indiv! D.(ITIN) No/Complete EIN
Gif more than one, state all) it more than one, state all)
XXX:
=
Street Address of Debtor (No. and Street, City, and State]
1010 Chevy Chase St NW
‘Street Address of Joint Debtor (No. and Street, City, and State}
Port Charlotte, FL
ZIP Code ZIP Code
33948
[County of Residence or of the Principal Place of Business: County of Residence or of the Principal Place of Business:
Charlotte
Mailing Address of Debtor (if different from street address): Mailing Address of Joint Debtor (if different from street address)
ZIP Code ZIP Code
Location of Principal Assets of Business Debtor
(if different from street address above)
Type of Debtor Nature of Bu: ess, ‘Chapter of Bankruptcy Code Under Which
(Form of Organization) (Check one box) (Check one box) the Petition is Filed (Check one box)
ll Individual (includes Joint Debtors)
See Exhibit D on page 2 of this form
O Health Care Business Wi Chapter 7
Oi Single Asset Real Estate as defined O Chapter 9 O Chapter 15 Petition for Recognition
O Corporation (includes LLC and LLP) in 11 US.C. § 101 (1B) O Chapter 11 of a Foreign Main Proceeding
1 Partnership O Railroad
O Stockbroker D Chapter 12 O Chapter 15 Petition for Recognition
O Other (If debtor is not one of the above entities,
check this box and state type of entity below.) O Commodity Broker O Chapter 13 of a Foreign Nonmain Proceeding
Oi Clearing Bank
O Other
Chapter 15 Debtors Nature of Debts.
(Check one box)
Country of debtor's center of main interests: Tax-Exempt Entity
(Check box, if applicable) Hh Debts are primarily consumer debts, OD Debts are primarily
Each country in which a foreign proceeding 1D Debtor is a tax-exempt organization defined in 11 U.S.C. § 101(8)as business debts.
by, regarding, or against debtor is pending: under Title 26 of the United States ‘incurred by an individual primarily for
Code (the Internal Revenue Code), a personal, family, or houschold purpose.
Filing Fee (Check one box) Check one box: Chapter 11 Debtors
WH Ful Filing Fee attached 1 Debtor is a stall business debtoras defined in 11 U.S.C. § 101(51D),
1 Debtor is not a small business debtor as defined in 11 U.S.C. § 101(51D).
CO Filing Fee to be paid in installments (applicable to individuals only). Must Cheek if:
attach signed application for the court's consideration certifying that the 1 Debtor's aggregate noncontingent liquidated debts (excluding debts owed to insiders or affiliates)
debtor is unable to pay fee except in installments. Rule 1006(b). See Official are less than $2,343,300 (amount subject to adjustment on 4/01/13 and every three years thereafter)
Form 3A,
‘Check all applicable boxes:
O Filing Fee waiver requested (applicable to chapter 7 individuals only). Must OA plan is being filed with this petition.
attach signed application for the court's consideration. See Official Form 3B. D1 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
Wi Debtor estimates that funds will be available for distribution to unsecured creditors.
O 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
Q Qo Qo
I 50- 100- 200- 1,000- 001. 10,001- 25,001- 50,001- OVER
49 99 199 999, 5,000 10,000 25,000 50,000 100,000 100,000
Estimated Assets
$04 $50,001 to {$100,001 to ‘$500,001, $1,000,001 510,000,001 850,000,001 '$100,000,001 $00,000,001 More than
$50,000 '$100,000 '$500,000 wo St to S10 to $50 10 S100 to $500 ‘Si billion $1 billion
million million million million million
Estimated Liabilities
S010. $50,001 to $100,001 to $500,001 $1,000,001 ‘$10,000,001 $50,000,001 '$100,000,001 $00,000,001 More than
$50,000 $100,000 SI to S10 to S100 to $500 toSl lion $1 billion
million million million million million
Case 9:12-bk-02006-FMD Doc1 Filed 02/14/12 Page 2 of 47
BI (Official Form 112/11) Page 2
Voluntary Petition Name of Debtor(s):
Lamatrice, Thomas F.
(This page must be completed and filed in every case)
All Prior Bankruptcy Cases Filed Within Last 8 Years (If more than two, attach additional sheet)
Location Case Number: Date Filed:
Where Filed: - None -
Location Case Number: Date Filed:
Where Filed:
Pending Bankruptcy Case Filed by any Spouse, Partner, or Affiliate of this Debtor (If more than one, attach additional sheet)
Name of Debtor: Case Number: Date Filed:
- None -
District: Relationship: Judge:
Exhibit A Exhibit B
(To be completed if debtor is an individual whose debts are primarily consumer debts.)
(To be completed if debtor is required to file periodic reports (e.g., I, the attorney for the petitioner named in the foregoing petition, declare that I
forms 10K and 10Q) with the Securities and Exchange Commission have informed the petitioner that [he or she] may proceed under chapter 7, 11,
pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 12, or 13 of title 11, United States Code, and have explained the relief available
and is requesting relief under chapter 111.) under each such chapter. | further certify that I delivered to the debtor the notice
required by 11 U.S.C. §342(b).
O Exhibit A is attached and made a part of this petition. X_/s/ Christopher D. Smith December 16, 2011
Signature of Attomey for Debtor(s) (Date)
Christopher D. Smith 605433
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?
OD Yes, and Exhibit C is attached and made a part of this petition.
Wo.
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.)
I Exhibit D completed and signed by the debtor is attached and made a part of this petition.
If this is a joint petition:
1 Exhibit D also completed and signed by the joint debtor is attached and made a part of this petition.
Information Regarding the Debtor - Venue
(Check any applicable box)
Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 180
days immediately preceding the date of this petition or for a longer part of such 180 days than in any other District.
There is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this District.
Debtor is a debtor in a foreign proceeding and has its principal place of business or principal assets in the United States in
this District, or has no principal place of business or assets in the United States but is a defendant in an action or
proceeding [in a federal or state court] in this District, or the interests of the parties will be served in regard to the relief
sought in this District.
Certification by a Debtor Who Resides as a Tenant of Residential Property
(Check all applicable boxes)
Landlord has a judgment against the debtor for possession of debtor's residence. (If box checked, complete the following.)
(Name of landlord that obtained judgment)
(Address of landlord)
Debtor claims that under applicable nonbankruptcy law, there are circumstances under which the debtor would be permitted to cure
the entire monetary default that gave rise to the judgment for possession, after the judgment for possession was entered, and
Debtor has included in this petition the deposit with the court of any rent that would become due during the 30-day period
after the filing of the petition.
Debtor certifies that he/she has served the Landlord with this certification. (11 U.S.C. § 362(1)).
Case 9:12-bk-02006-FMD Doc1 Filed 02/14/12 Page 3 of 47
Bi (Official Form 112/11) Page 3
Voluntary Petition Name of Debtor(s):
Lamatrice, Thomas F.
(This page must be completed and filed in every case)
Signatures
Signature(s) of Debtor(s) (Individual/Joint) Signature of a Foreign Representative
I declare under penalty of perjury that the information provided in this T declare under penalty of perjury that the information provided in this petition
petition is true and correct. is true and correct, that I am the foreign representative of a debtor in a foreign
[If petitioner is an individual whose debts are primarily consumer debts and proceeding, and that I am authorized to file this petition.
has chosen to file under chapter 7] 1am aware that I may proceed under (Check only one box.)
chapter 7, 11, 12, or 13 of title 11, United States Code, understand the relief.
available under each such chapter, and choose to proceed under chapter 7. 1 I request relief in accordance with chapter 15 of title 11. United States Code.
[Ifno attorney represents me and no bankruptcy petition preparer signs the Certified copies of the documents required by 11 U.S.C. $1515 are attached,
petition] Ihave obtained and read the notice required by 11 U.S.C. §342(b). 1 Pursuant to 11 U.S.C. §1511, request reliefin accordance with the chapter
T request relief in accordance with the chapter of title 11, United States Code, of title 11 specified in this petition. A certified copy of the order granting
specified in this petition. recognition of the foreign main proceeding is attached.
X__/s/ Thomas F. Lamatrice x
Signature of Foreign Representative
Signature of Debtor Thomas F. Lamatrice
x Printed Name of Foreign Representative
Signature of Joint Debtor
Date
Telephone Number (If not represented by attorney) Signature of Non-Attorney Bankruptcy Petition Preparer
December 16, 2011
I declare under penalty of perjury that: (1) I am a bankruptcy petition
Date preparer as defined in 11 U.S.C. § 110; (2) I prepared this document for
Signature of Attorney* compensation and have provided the debtor with a copy of this document
and the notices and information required under 11 U.S.C. §§ 110(b),
110(h), and 342(b); and, (3) if rules or guidelines have been promulgated
X _/s/ Christopher D. Smith pursuant to 11 U.S.C. § 110(h) setting a maximum fee for services
Signature of Attomey for Debtor(s) chargeable by bankruptcy petition preparers, I have given the debtor notice
of the maximum amount before preparing any document for filing for a
Christopher D. Smith 605433 debior or accepting any fee from the debtor, as required in that section
Official Form 19 is attached.
Printed Name of Attorney for Debtor(s)
Christopher D. Smith P.A.
Firm Name
Printed Name and title, if any, of Bankruptcy Petition Preparer
5391 Lakewood Ranch Blvd N STE 203
Sarasota, FL 34240 Social-Security number (If the bankrutpcy petition preparer is not
an individual, state the Social Security number of the officer,
principal, responsible person or partner of the bankruptcy petition
Address. preparer. (Required by 11 U.S.C. § 110.)
Email: smith@ChrisSmith.com
941-907-4774 Fax: 941-907-3040
Telephone Number
December 16, 2011
Address.
Date
*In a case in which § 707(b)(4)(D) applies, this signature also constitutes a x
certification that the attorney has no knowledge after an inquiry that the
information in the schedules is incorrect.
Date
‘Signature of Debtor (Corporation/Partnership)
Signature of bankruptcy petition preparer or officer, principal, responsible
I declare under penalty of perjury that the information provided in this person,or partner whose Social Security number is provided above.
petition is true and correct, and that I have been authorized to file this petition
on behalfof the debtor. Names and Social-Security numbers of all other individuals who prepared or
assisted in preparing this document unless the bankrupicy petition preparer is
The debtor requests relief in accordance with the chapter of title 11, United not an individual:
States Code, specified in this petition.
x
Signature of Authorized Individual
If more than one person prepared this document, attach additional sheets
Printed Name of Authorized Individual
conforming to the appropriate official form for each person.
A bankruptcy petition preparer’s failure to comply with the provisions of
Title of Authorized Individual
title 11 and the Federal Rules of Bankruptey Procedure may result in
‘fines or imprisonmentor both. 11 U.S.C. $110; 18 U.S.C. $156.
Date
Case 9:12-bk-02006-FMD Doc1 Filed 02/14/12 Page 4 of 47
B 1D (Official Form 1, Exhibit D) (12/09)
United States Bankruptcy Court
Middle District of Florida
Inre Thomas F. Lamatrice Case No.
Debtor(s) Chapter 7
EXHIBIT D - INDIVIDUAL DEBTOR'S STATEMENT OF COMPLIANCE WITH
CREDIT COUNSELING REQUIREMENT
Warning: You must be able to check truthfully one of the five statements regarding credit
counseling listed below. If you cannot do so, you are not eligible to file a bankruptcy case, and the court
can dismiss any case you do file. If that happens, you will lose whatever filing fee you paid, and your
creditors will be able to resume collection activities against you. If your case is dismissed and you file
another bankruptcy case later, you may be required to pay a second filing fee and you may have to take
extra steps to stop creditors’ collection activities.
Every individual debtor must file this Exhibit D. If a joint petition is filed, each spouse must complete
and file a separate Exhibit D. Check one of the five statements below and attach any documents as directed.
@ 1. Within the 180 days before the filing of my bankruptcy case, I received a briefing from a credit
counseling agency approved by the United States trustee or bankruptcy administrator that outlined the
opportunities for available credit counseling and assisted me in performing a related budget analysis, and I have
acertificate from the agency describing the services provided to me. Attach a copy of the certificate and a copy
of any debt repayment plan developed through the agency.
O 2. Within the 180 days before the filing of my bankruptcy case, I received a briefing from a credit
counseling agency approved by the United States trustee or bankruptcy administrator that outlined the
opportunities for available credit counseling and assisted me in performing a related budget analysis, but I do
not have a certificate from the agency describing the services provided to me. You must file a copy ofa
certificate from the agency describing the services provided to you and a copy of any debt repayment plan
developed through the agency no later than 14 days after your bankruptcy case is filed.
O 3. I certify that I requested credit counseling services from an approved agency but was unable to
obtain the services during the seven days from the time I made my request, and the following exigent
circumstances merit a temporary waiver of the credit counseling requirement so I can file my bankruptcy case
now. /Summarize exigent circumstances here.]
If your certification is satisfactory to the court, you must still obtain the credit counseling briefing
within the first 30 days after you file your bankruptcy petition and promptly file a certificate from the
agency that provided the counseling, together with a copy of any debt management plan developed
through the agency. Failure to fulfill these requirements may result in dismissal of your case. Any
extension of the 30-day deadline can be granted only for cause and is limited to a maximum of 15 days.
Your case may also be dismissed if the court is not satisfied with your reasons for filing your bankruptcy
case without first receiving a credit counseling briefing.
04. Lam not required to receive a credit counseling briefing because of: [Check the applicable
statement.] [Must be accompanied by a motion for determination by the court.]
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Case 9:12-bk-02006-FMD Doc1 Filed 02/14/12 Page 5 of 47
B 1D (Official Form 1, Exhibit D) (12/09) - Cont. Page 2
Incapacity. (Defined in 11 U.S.C. § 109(h)(4) as impaired by reason of mental illness or
mental deficiency so as to be incapable of realizing and making rational decisions with respect to
financial responsibilities);
O Disability. (Defined in 11 U.S.C. § 109(h)(4) as physically impaired to the extent of being
unable, after reasonable effort, to participate in a credit counseling briefing in person, by telephone, or
through the Internet.);
O Active military duty in a military combat zone.
05. The United States trustee or bankruptcy administrator has determined that the credit counseling
requirement of 11 U.S.C. § 109(h) does not apply in this district.
I certify under penalty of perjury that the information provided above is true and correct.
Signature of Debtor: /s] Thomas F. Lamatrice
Thomas F. Lamatrice
Date: December 16, 2011
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Case 9:12-bk-02006-FMD Doc1 Filed 02/14/12 Page 6 of 47
B6 Summary (Official Form 6 - Summary) (12/07)
United States Bankruptcy Court
Middle District of Florida
Inre Thomas F. Lamatrice Case No.
Debtor
Chapter.
SUMMARY OF SCHEDULES
Indicate as to each schedule whether that schedule is attached and state the number of pages in each. Report the totals from Schedules A,
B, D, E, F, I, and J in the boxes provided. Add the amounts from Schedules A and B to determine the total amount of the debtor's assets.
Add the amounts of all claims from Schedules D, E, and F to determine the total amount of the debtor’s liabilities. Individual debtors must
also complete the "Statistical Summary of Certain Liabilities and Related Data" if they file a case under chapter 7, 11, or 13.
NAME OF SCHEDULE ATTACHED, NO. OF ASSETS LIABILITIES OTHER
(YES/NO) SHEETS
A - Real Property Yes 1 84,025.00
B - Personal Property Yes 4,748.00
C- Property Claimed as Exempt Yes
D - Creditors Holding Secured Claims Yes 220,826.00
E - Creditors Holding Unsecured Yes 0.00
Priority Claims. (Tot of Claims on Schedule E)
F - Creditors Holding Unsecured Yes 182,808.00
Nonpriority Claims
G - Executory Contracts and Yes
Unexpired Leases
H - Codebtors. Yes
I- Current Income of Individual Yes 7,918.24
Debtor(s)
J- Current Expenditures of Individual Yes 7,831.31
Debtor(s)
Total Number of Sheets of ALL Schedules 15
Total Assets 88,773.00
Total Liabilities 103,634.00
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Case 9:12-bk-02006-FMD Doc1 Filed 02/14/12 Page 7 of 47
Form 6 - Statistical Summary (12/07)
United States Bankruptcy Court
Middle District of Florida
Inre Thomas F. Lamatrice Case No.
Debtor
Chapter.
STATISTICAL SUMMARY OF CERTAIN LIABILITIES AND RELATED DATA (28 U.S.C. § 159)
If you are an individual debtor whose debts are primarily consumer debts, as defined in § 101(8) of the Bankruptcy Code (11 U.S.C.§ 101(8)), filing
a case under chapter 7, 1 or 13, you must report all information requested below.
O Check this box if you are an individual debtor whose debts are NOT primarily consumer debts. You are not required to
report any information here.
This information is for statistical purposes only under 28 U.S.C. § 159.
Summarize the following types of liabilities, as reported in the Schedules, and total them.
Type of Liability Amount
Domestic Support Obligations (from Schedule E) 0.00
Taxes and Certain Other Debts Owed to Govemmmental Units
(from Schedule E) 0.00
Claims for Death or Personal Injury While Debtor Was Intoxicated 0.00
(from Schedule E) (whether disputed or undisputed)
Student Loan Obligations (from Schedule F) 0.00
Domestic Support, Separation Agreement, and Divorce Decree 0.00
Obligations Not Reported on Schedule E
Obligations to Pension or Profit-Sharing, and Other Similar Obligations
0.00
(from Schedule F)
TOTAL 0.00
State the following:
Average Income (from Schedule I, Line 16) 7,918.21
Average Expenses (from Schedule J, Line 18) 7,831.31
Current Monthly Income (from Form 22A Line 12; OR,
Form 22B Line 11; OR, Form 22C Line 20 ) 3,821.90
State the following:
1 Total from Schedule D, "UNSECURED PORTION, IF ANY"
187,301.00
column
2. Total from Schedule E, "AMOUNT ENTITLED TO PRIORITY"
0.00
column
3. Total from Schedule E, "AMOUNT NOT ENTITLED TO
PRIORITY, IF ANY" column
0.00
4. . Total from Schedule F 182,808.00
5. . Total of non-priority unsecured debt (sum of 1, 3, and 4) 320,109.00
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Case 9:12-bk-02006-FMD Doc1 Filed 02/14/12 Page 8 of 47
B6A (Official Form 6A) (12/07)
Inre Thomas F. Lamatrice Case No.
Debtor
SCHEDULE A - REAL PROPERTY
Except as directed below, list all real property in which the debtor has any legal, equitable, or future interest, including all property owned as a
cotenant, community property, or in which the debtor has a life estate, Include any property in which the debtor holds rights and powers exercisable for
the debtor's own benefit. If the debtor is married, state whether husband, wife, both, or the marital community own the property by placing an "H," "W,"
"J" or" in the column labeled "Husband, Wife, Joint, or Community." If the debtor holds no interest in real property, write "None" under
"Description and Location of Property."
Do not include interests in executory contracts and unexpired leases on this schedule. List them in Schedule G - Executory Contracts and
Unexpired Leases.
If an entity claims to have a lien or hold a secured interest in any property, state the amount of the secured claim. See Schedule D. If no entity
claims to hold a secured interest in the property, write "None" in the column labeled "Amount of Secured Claim.” If the debtor is an individual or
if a joint petition is filed, state the amount of any exemption claimed in the property only in Schedule C - Property Claimed as Exempt.
Husband, Current Value of
Debtor's Interest in
Description and Location of Property Nature of Debtor's ife, Property, without Amount of
Interest in Property Joint, or Deducting any Secured Secured Claim
Community Claim or Exemption
1010 Chevy Chase St NW Fee simple H 63,194.00 148,826.00
Port Charlotte, FL 33948
(surrender)
4308 Mccullough St. Fee simple 20,331.00 72,000.00
Port Charlotte, FL
(vacant lot - surrender)
Lot in KY Parcel Number B W 328 in Breckenridge Fee simple 500.00 0.00
Coun
(Debtor owns with wife)
(purchased in 2007 for $2,500)
Sub-Total > 84,025.00 (Total of this page)
Total > 84,025.00
o continuation sheets attached to the Schedule of Real Property (Report also on Summary of Schedules)
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Case 9:12-bk-02006-FMD Doc1 Filed 02/14/12 Page 9 of 47
BOB (Official Form 6B) (12/07)
Inre Thomas F. Lamatrice Case No.
Debtor
SCHEDULE B - PERSONAL PROPERTY
Except as directed below, list all personal property of the debtor of whatever kind. If the debtor has no property in one or more of the categories, place
"x" in the appropriate position in the column labeled "None." If additional space is needed in any category, attach a separate sheet properly identified
with the case name, case number, and the number of the category. If the debtor is married, state whether husband, wife, both, or the marital community
own the property by placing an "H," "W," "J," or "C" in the column labeled "Husband, Wite, Joint, or Community.” If the debtor is an individual or a joint
petition is filed, state the amount of any exemptions claimed only in Schedule C - Property Claimed as Exempt.
Do not list interests in executory contracts and unexpired leases on this schedule. List them in Schedule G - Executory Contracts and
Unexpired Leases.
If the property is being held for the debtor by someone else, state that person's name and address under "Description and Location of Property.”
If the property is being held for a minor child, simply state the child's initials and the name and address of the child's parent or guardian, such as
"A.B., a minor child, by John Doe, guardian." Do not disclose the child's name. See, 11 U.S.C. §112 and Fed. R. Bankr. P. 1007(m).
Husband, Current Value of
Type of Property oO Description and Location of Property ife, Debtor's Interest in Property,
N Joint, or without Deducting any
E Community Secured Claim or Exemption
Cash on hand
Checking, savings or other financial Suncoast Schools Checking acc 300.00
accounts, certificates of deposit, or
shares in banks, savings and loan,
thrift, building and loan, and
homestead associations, or credit
unions, brokerage houses, or
cooperatives.
Security deposits with public
utilities, telephone companies,
landlords, and others.
Household goods and furnishings, 1 bedroom set, kitchen table and chairs, couch, 1,500.00
including audio, video, and loveseat, chair, entertainment center, 4 TV's, patio
computer equipment. set, misc wall prints, dishes, pots and pans, 1 rug,
laptop, desktop computer and printer, 3 fold out
tables.
Books, pictures and other art
objects, antiques, stamp, coin,
record, tape, compact disc, and
other collections or collectibles.
Wearing apparel. Clothes and shoes 100.00
Furs and jewelry.
Firearms and sports, photographic,
and other hobby equipment.
Interests in insurance policies. life insurance 0.00
Name insurance company of each
policy and itemize surrender or
refund value of each.
10. Annuities. Itemize and name each
issuer.
Sub-Total > 1,900.00
(Total of this page)
33 continuation sheets attached to the Schedule of Personal Property
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Case 9:12-bk-02006-FMD Doc1 Filed 02/14/12 Page 10 of 47
BOB (Official Form 6B) (12/07) - Cont.
Inre Thomas F. Lamatrice Case No.
Debtor
SCHEDULE B - PERSONAL PROPERTY
(Continuation Sheet)
Husband, Current Value of
Type of Property Description and Location of Property Wire, Debtor's Interest in Property,
Joint, or without Deducting any
Community Secured Claim or Exemption
11 Interests in an education IRA as
defined in 26 U.S.C. § 530(b)(1) or
under a qualified State tuition plan
as defined in 26 U.S.C. § 529(b)(1).
Give particulars. (File separately the
record(s) of any such interest(s).
11 USC. § 521(0))
122 Interests in IRA, ERISA, Keogh, o American Fund IRA 1,848.00
other pension or profit sharing
plans. Give particulars.
13 Stock and interests in incorporated TFL CONTRACTORS INC. 0.00
and unincorporated businesses. (just opened - no assets, no liabilities)
Ttemize.
TFL DEVELOPMENT CORP Unknown
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Filing # 54069370 E-Filed 03/22/2017 02:15:23 PM IN THE TWENTIETH CIRCUIT COURT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL DIVISION CASE NO. 08-2017-CA-000100 U.S. BANK, NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEE FOR TRUMAN 2016 SC6 TITLE TRUST, Plaintiff, vs. THOMAS F. LAMATRICE, et al, Defendant(s). / NOTICE OF DEFENDANT’S INTENTION TO SURRENDER PROPERTY Plaintiff, U.S. BANK, NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEE FOR TRUMAN 2016 SC6 TITLE TRUST, hereby gives notice to the Defendant, THOMAS F. LAMATRICE (“Defendant”), and the Court of the Defendant’s election to surrender the subject property in consideration and in support thereof states: 1 Defendant filed a voluntary Chapter 7 bankruptcy in February 14, 2012. 2 Defendant listed the subject property in his Bankruptcy Petition and indicated an intent to surrender the property. Exhibit “A.” 3 As the Defendant has surrendered the property he gave up any right or claim to the property and can no longer contest this foreclosure action. Failla v. Citibank, N.A., 838 F.3d 1170, 1177 (11" Cir. 2016); see also Rivera y. Bank of Am., N.A., 190 So. 3d 267 (Fla. 5" DCA 2016)(finding that due to the appellant’s intent to surrender the property the appellant relinquished his rights and the appeal was dismissed). WHEREFORE, the Plaintiff hereby provides the Defendant, its counsel and the Court notice of the Defendant’s intent to surrender and legal obligation to not interfere with Plaintiffs right to foreclose. DATED: March 22, 2017 SHD Legal Group P.A. Attorneys for Plaintiff PO BOX 19519 Fort Lauderdale, FL 33318 Telephone: (954) 564-0071 Facsimile: (954) 564-9252 Service E-mail: answers@shdlegalgroup.com By: /s/ Adam A. Diaz Adam A. Diaz Florida Bar No. 98379 EXHIBIT “A” Case 9:12-bk-02006-FMD Doc1 Filed 02/14/12 Page 1 of 47 BL(Official Form D2/.) United States Bankruptcy Court Middle District of Florida Voluntary Petition Name of Debtor (if individual, enter Last, First, Middle): [Name of Joint Debtor (Spouse) (Last, First, Middle): Lamatrice, Thomas F. [ATI Other Names used by the Debtor in the last 8 years TAT Other Names used by the Joint Debtor in the last 8 years (include married, maiden, and trade names): {include married, maiden, and trade names): [Last four digits of Soc. Sec. or Individual-Taxpayer LD. (ITIN) No./Complete EIN Last Tour digits of Soc. Sec. or Indiv! D.(ITIN) No/Complete EIN Gif more than one, state all) it more than one, state all) XXX: = Street Address of Debtor (No. and Street, City, and State] 1010 Chevy Chase St NW ‘Street Address of Joint Debtor (No. and Street, City, and State} Port Charlotte, FL ZIP Code ZIP Code 33948 [County of Residence or of the Principal Place of Business: County of Residence or of the Principal Place of Business: Charlotte Mailing Address of Debtor (if different from street address): Mailing Address of Joint Debtor (if different from street address) ZIP Code ZIP Code Location of Principal Assets of Business Debtor (if different from street address above) Type of Debtor Nature of Bu: ess, ‘Chapter of Bankruptcy Code Under Which (Form of Organization) (Check one box) (Check one box) the Petition is Filed (Check one box) ll Individual (includes Joint Debtors) See Exhibit D on page 2 of this form O Health Care Business Wi Chapter 7 Oi Single Asset Real Estate as defined O Chapter 9 O Chapter 15 Petition for Recognition O Corporation (includes LLC and LLP) in 11 US.C. § 101 (1B) O Chapter 11 of a Foreign Main Proceeding 1 Partnership O Railroad O Stockbroker D Chapter 12 O Chapter 15 Petition for Recognition O Other (If debtor is not one of the above entities, check this box and state type of entity below.) O Commodity Broker O Chapter 13 of a Foreign Nonmain Proceeding Oi Clearing Bank O Other Chapter 15 Debtors Nature of Debts. (Check one box) Country of debtor's center of main interests: Tax-Exempt Entity (Check box, if applicable) Hh Debts are primarily consumer debts, OD Debts are primarily Each country in which a foreign proceeding 1D Debtor is a tax-exempt organization defined in 11 U.S.C. § 101(8)as business debts. by, regarding, or against debtor is pending: under Title 26 of the United States ‘incurred by an individual primarily for Code (the Internal Revenue Code), a personal, family, or houschold purpose. Filing Fee (Check one box) Check one box: Chapter 11 Debtors WH Ful Filing Fee attached 1 Debtor is a stall business debtoras defined in 11 U.S.C. § 101(51D), 1 Debtor is not a small business debtor as defined in 11 U.S.C. § 101(51D). CO Filing Fee to be paid in installments (applicable to individuals only). Must Cheek if: attach signed application for the court's consideration certifying that the 1 Debtor's aggregate noncontingent liquidated debts (excluding debts owed to insiders or affiliates) debtor is unable to pay fee except in installments. Rule 1006(b). See Official are less than $2,343,300 (amount subject to adjustment on 4/01/13 and every three years thereafter) Form 3A, ‘Check all applicable boxes: O Filing Fee waiver requested (applicable to chapter 7 individuals only). Must OA plan is being filed with this petition. attach signed application for the court's consideration. See Official Form 3B. D1 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 Wi Debtor estimates that funds will be available for distribution to unsecured creditors. O 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 Q Qo Qo I 50- 100- 200- 1,000- 001. 10,001- 25,001- 50,001- OVER 49 99 199 999, 5,000 10,000 25,000 50,000 100,000 100,000 Estimated Assets $04 $50,001 to {$100,001 to ‘$500,001, $1,000,001 510,000,001 850,000,001 '$100,000,001 $00,000,001 More than $50,000 '$100,000 '$500,000 wo St to S10 to $50 10 S100 to $500 ‘Si billion $1 billion million million million million million Estimated Liabilities S010. $50,001 to $100,001 to $500,001 $1,000,001 ‘$10,000,001 $50,000,001 '$100,000,001 $00,000,001 More than $50,000 $100,000 SI to S10 to S100 to $500 toSl lion $1 billion million million million million million Case 9:12-bk-02006-FMD Doc1 Filed 02/14/12 Page 2 of 47 BI (Official Form 112/11) Page 2 Voluntary Petition Name of Debtor(s): Lamatrice, Thomas F. (This page must be completed and filed in every case) All Prior Bankruptcy Cases Filed Within Last 8 Years (If more than two, attach additional sheet) Location Case Number: Date Filed: Where Filed: - None - Location Case Number: Date Filed: Where Filed: Pending Bankruptcy Case Filed by any Spouse, Partner, or Affiliate of this Debtor (If more than one, attach additional sheet) Name of Debtor: Case Number: Date Filed: - None - District: Relationship: Judge: Exhibit A Exhibit B (To be completed if debtor is an individual whose debts are primarily consumer debts.) (To be completed if debtor is required to file periodic reports (e.g., I, the attorney for the petitioner named in the foregoing petition, declare that I forms 10K and 10Q) with the Securities and Exchange Commission have informed the petitioner that [he or she] may proceed under chapter 7, 11, pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 12, or 13 of title 11, United States Code, and have explained the relief available and is requesting relief under chapter 111.) under each such chapter. | further certify that I delivered to the debtor the notice required by 11 U.S.C. §342(b). O Exhibit A is attached and made a part of this petition. X_/s/ Christopher D. Smith December 16, 2011 Signature of Attomey for Debtor(s) (Date) Christopher D. Smith 605433 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? OD Yes, and Exhibit C is attached and made a part of this petition. Wo. 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.) I Exhibit D completed and signed by the debtor is attached and made a part of this petition. If this is a joint petition: 1 Exhibit D also completed and signed by the joint debtor is attached and made a part of this petition. Information Regarding the Debtor - Venue (Check any applicable box) Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 180 days immediately preceding the date of this petition or for a longer part of such 180 days than in any other District. There is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this District. Debtor is a debtor in a foreign proceeding and has its principal place of business or principal assets in the United States in this District, or has no principal place of business or assets in the United States but is a defendant in an action or proceeding [in a federal or state court] in this District, or the interests of the parties will be served in regard to the relief sought in this District. Certification by a Debtor Who Resides as a Tenant of Residential Property (Check all applicable boxes) Landlord has a judgment against the debtor for possession of debtor's residence. (If box checked, complete the following.) (Name of landlord that obtained judgment) (Address of landlord) Debtor claims that under applicable nonbankruptcy law, there are circumstances under which the debtor would be permitted to cure the entire monetary default that gave rise to the judgment for possession, after the judgment for possession was entered, and Debtor has included in this petition the deposit with the court of any rent that would become due during the 30-day period after the filing of the petition. Debtor certifies that he/she has served the Landlord with this certification. (11 U.S.C. § 362(1)). Case 9:12-bk-02006-FMD Doc1 Filed 02/14/12 Page 3 of 47 Bi (Official Form 112/11) Page 3 Voluntary Petition Name of Debtor(s): Lamatrice, Thomas F. (This page must be completed and filed in every case) Signatures Signature(s) of Debtor(s) (Individual/Joint) Signature of a Foreign Representative I declare under penalty of perjury that the information provided in this T declare under penalty of perjury that the information provided in this petition petition is true and correct. is true and correct, that I am the foreign representative of a debtor in a foreign [If petitioner is an individual whose debts are primarily consumer debts and proceeding, and that I am authorized to file this petition. has chosen to file under chapter 7] 1am aware that I may proceed under (Check only one box.) chapter 7, 11, 12, or 13 of title 11, United States Code, understand the relief. available under each such chapter, and choose to proceed under chapter 7. 1 I request relief in accordance with chapter 15 of title 11. United States Code. [Ifno attorney represents me and no bankruptcy petition preparer signs the Certified copies of the documents required by 11 U.S.C. $1515 are attached, petition] Ihave obtained and read the notice required by 11 U.S.C. §342(b). 1 Pursuant to 11 U.S.C. §1511, request reliefin accordance with the chapter T request relief in accordance with the chapter of title 11, United States Code, of title 11 specified in this petition. A certified copy of the order granting specified in this petition. recognition of the foreign main proceeding is attached. X__/s/ Thomas F. Lamatrice x Signature of Foreign Representative Signature of Debtor Thomas F. Lamatrice x Printed Name of Foreign Representative Signature of Joint Debtor Date Telephone Number (If not represented by attorney) Signature of Non-Attorney Bankruptcy Petition Preparer December 16, 2011 I declare under penalty of perjury that: (1) I am a bankruptcy petition Date preparer as defined in 11 U.S.C. § 110; (2) I prepared this document for Signature of Attorney* compensation and have provided the debtor with a copy of this document and the notices and information required under 11 U.S.C. §§ 110(b), 110(h), and 342(b); and, (3) if rules or guidelines have been promulgated X _/s/ Christopher D. Smith pursuant to 11 U.S.C. § 110(h) setting a maximum fee for services Signature of Attomey for Debtor(s) chargeable by bankruptcy petition preparers, I have given the debtor notice of the maximum amount before preparing any document for filing for a Christopher D. Smith 605433 debior or accepting any fee from the debtor, as required in that section Official Form 19 is attached. Printed Name of Attorney for Debtor(s) Christopher D. Smith P.A. Firm Name Printed Name and title, if any, of Bankruptcy Petition Preparer 5391 Lakewood Ranch Blvd N STE 203 Sarasota, FL 34240 Social-Security number (If the bankrutpcy petition preparer is not an individual, state the Social Security number of the officer, principal, responsible person or partner of the bankruptcy petition Address. preparer. (Required by 11 U.S.C. § 110.) Email: smith@ChrisSmith.com 941-907-4774 Fax: 941-907-3040 Telephone Number December 16, 2011 Address. Date *In a case in which § 707(b)(4)(D) applies, this signature also constitutes a x certification that the attorney has no knowledge after an inquiry that the information in the schedules is incorrect. Date ‘Signature of Debtor (Corporation/Partnership) Signature of bankruptcy petition preparer or officer, principal, responsible I declare under penalty of perjury that the information provided in this person,or partner whose Social Security number is provided above. petition is true and correct, and that I have been authorized to file this petition on behalfof the debtor. Names and Social-Security numbers of all other individuals who prepared or assisted in preparing this document unless the bankrupicy petition preparer is The debtor requests relief in accordance with the chapter of title 11, United not an individual: States Code, specified in this petition. x Signature of Authorized Individual If more than one person prepared this document, attach additional sheets Printed Name of Authorized Individual conforming to the appropriate official form for each person. A bankruptcy petition preparer’s failure to comply with the provisions of Title of Authorized Individual title 11 and the Federal Rules of Bankruptey Procedure may result in ‘fines or imprisonmentor both. 11 U.S.C. $110; 18 U.S.C. $156. Date Case 9:12-bk-02006-FMD Doc1 Filed 02/14/12 Page 4 of 47 B 1D (Official Form 1, Exhibit D) (12/09) United States Bankruptcy Court Middle District of Florida Inre Thomas F. Lamatrice Case No. Debtor(s) Chapter 7 EXHIBIT D - INDIVIDUAL DEBTOR'S STATEMENT OF COMPLIANCE WITH CREDIT COUNSELING REQUIREMENT Warning: You must be able to check truthfully one of the five statements regarding credit counseling listed below. If you cannot do so, you are not eligible to file a bankruptcy case, and the court can dismiss any case you do file. If that happens, you will lose whatever filing fee you paid, and your creditors will be able to resume collection activities against you. If your case is dismissed and you file another bankruptcy case later, you may be required to pay a second filing fee and you may have to take extra steps to stop creditors’ collection activities. Every individual debtor must file this Exhibit D. If a joint petition is filed, each spouse must complete and file a separate Exhibit D. Check one of the five statements below and attach any documents as directed. @ 1. Within the 180 days before the filing of my bankruptcy case, I received a briefing from a credit counseling agency approved by the United States trustee or bankruptcy administrator that outlined the opportunities for available credit counseling and assisted me in performing a related budget analysis, and I have acertificate from the agency describing the services provided to me. Attach a copy of the certificate and a copy of any debt repayment plan developed through the agency. O 2. Within the 180 days before the filing of my bankruptcy case, I received a briefing from a credit counseling agency approved by the United States trustee or bankruptcy administrator that outlined the opportunities for available credit counseling and assisted me in performing a related budget analysis, but I do not have a certificate from the agency describing the services provided to me. You must file a copy ofa certificate from the agency describing the services provided to you and a copy of any debt repayment plan developed through the agency no later than 14 days after your bankruptcy case is filed. O 3. I certify that I requested credit counseling services from an approved agency but was unable to obtain the services during the seven days from the time I made my request, and the following exigent circumstances merit a temporary waiver of the credit counseling requirement so I can file my bankruptcy case now. /Summarize exigent circumstances here.] If your certification is satisfactory to the court, you must still obtain the credit counseling briefing within the first 30 days after you file your bankruptcy petition and promptly file a certificate from the agency that provided the counseling, together with a copy of any debt management plan developed through the agency. Failure to fulfill these requirements may result in dismissal of your case. Any extension of the 30-day deadline can be granted only for cause and is limited to a maximum of 15 days. Your case may also be dismissed if the court is not satisfied with your reasons for filing your bankruptcy case without first receiving a credit counseling briefing. 04. Lam not required to receive a credit counseling briefing because of: [Check the applicable statement.] [Must be accompanied by a motion for determination by the court.] Software Copyright (c) 1996-2011 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Case 9:12-bk-02006-FMD Doc1 Filed 02/14/12 Page 5 of 47 B 1D (Official Form 1, Exhibit D) (12/09) - Cont. Page 2 Incapacity. (Defined in 11 U.S.C. § 109(h)(4) as impaired by reason of mental illness or mental deficiency so as to be incapable of realizing and making rational decisions with respect to financial responsibilities); O Disability. (Defined in 11 U.S.C. § 109(h)(4) as physically impaired to the extent of being unable, after reasonable effort, to participate in a credit counseling briefing in person, by telephone, or through the Internet.); O Active military duty in a military combat zone. 05. The United States trustee or bankruptcy administrator has determined that the credit counseling requirement of 11 U.S.C. § 109(h) does not apply in this district. I certify under penalty of perjury that the information provided above is true and correct. Signature of Debtor: /s] Thomas F. Lamatrice Thomas F. Lamatrice Date: December 16, 2011 Software Copyright (c) 1996-2011 CCH INCORPORATED - www bestease.com Best Case Bankruptey Case 9:12-bk-02006-FMD Doc1 Filed 02/14/12 Page 6 of 47 B6 Summary (Official Form 6 - Summary) (12/07) United States Bankruptcy Court Middle District of Florida Inre Thomas F. Lamatrice Case No. Debtor Chapter. SUMMARY OF SCHEDULES Indicate as to each schedule whether that schedule is attached and state the number of pages in each. Report the totals from Schedules A, B, D, E, F, I, and J in the boxes provided. Add the amounts from Schedules A and B to determine the total amount of the debtor's assets. Add the amounts of all claims from Schedules D, E, and F to determine the total amount of the debtor’s liabilities. Individual debtors must also complete the "Statistical Summary of Certain Liabilities and Related Data" if they file a case under chapter 7, 11, or 13. NAME OF SCHEDULE ATTACHED, NO. OF ASSETS LIABILITIES OTHER (YES/NO) SHEETS A - Real Property Yes 1 84,025.00 B - Personal Property Yes 4,748.00 C- Property Claimed as Exempt Yes D - Creditors Holding Secured Claims Yes 220,826.00 E - Creditors Holding Unsecured Yes 0.00 Priority Claims. (Tot of Claims on Schedule E) F - Creditors Holding Unsecured Yes 182,808.00 Nonpriority Claims G - Executory Contracts and Yes Unexpired Leases H - Codebtors. Yes I- Current Income of Individual Yes 7,918.24 Debtor(s) J- Current Expenditures of Individual Yes 7,831.31 Debtor(s) Total Number of Sheets of ALL Schedules 15 Total Assets 88,773.00 Total Liabilities 103,634.00 Software Copyright (c) 1996-2011 - CCH INCORPORATED - wiww.bestcase.com Best Case Bankruptey Case 9:12-bk-02006-FMD Doc1 Filed 02/14/12 Page 7 of 47 Form 6 - Statistical Summary (12/07) United States Bankruptcy Court Middle District of Florida Inre Thomas F. Lamatrice Case No. Debtor Chapter. STATISTICAL SUMMARY OF CERTAIN LIABILITIES AND RELATED DATA (28 U.S.C. § 159) If you are an individual debtor whose debts are primarily consumer debts, as defined in § 101(8) of the Bankruptcy Code (11 U.S.C.§ 101(8)), filing a case under chapter 7, 1 or 13, you must report all information requested below. O Check this box if you are an individual debtor whose debts are NOT primarily consumer debts. You are not required to report any information here. This information is for statistical purposes only under 28 U.S.C. § 159. Summarize the following types of liabilities, as reported in the Schedules, and total them. Type of Liability Amount Domestic Support Obligations (from Schedule E) 0.00 Taxes and Certain Other Debts Owed to Govemmmental Units (from Schedule E) 0.00 Claims for Death or Personal Injury While Debtor Was Intoxicated 0.00 (from Schedule E) (whether disputed or undisputed) Student Loan Obligations (from Schedule F) 0.00 Domestic Support, Separation Agreement, and Divorce Decree 0.00 Obligations Not Reported on Schedule E Obligations to Pension or Profit-Sharing, and Other Similar Obligations 0.00 (from Schedule F) TOTAL 0.00 State the following: Average Income (from Schedule I, Line 16) 7,918.21 Average Expenses (from Schedule J, Line 18) 7,831.31 Current Monthly Income (from Form 22A Line 12; OR, Form 22B Line 11; OR, Form 22C Line 20 ) 3,821.90 State the following: 1 Total from Schedule D, "UNSECURED PORTION, IF ANY" 187,301.00 column 2. Total from Schedule E, "AMOUNT ENTITLED TO PRIORITY" 0.00 column 3. Total from Schedule E, "AMOUNT NOT ENTITLED TO PRIORITY, IF ANY" column 0.00 4. . Total from Schedule F 182,808.00 5. . Total of non-priority unsecured debt (sum of 1, 3, and 4) 320,109.00 Software Copyright (c) 1996-2011 - CCH INCORPORATED - wiww.bestcase.com Best Case Bankruptey Case 9:12-bk-02006-FMD Doc1 Filed 02/14/12 Page 8 of 47 B6A (Official Form 6A) (12/07) Inre Thomas F. Lamatrice Case No. Debtor SCHEDULE A - REAL PROPERTY Except as directed below, list all real property in which the debtor has any legal, equitable, or future interest, including all property owned as a cotenant, community property, or in which the debtor has a life estate, Include any property in which the debtor holds rights and powers exercisable for the debtor's own benefit. If the debtor is married, state whether husband, wife, both, or the marital community own the property by placing an "H," "W," "J" or" in the column labeled "Husband, Wife, Joint, or Community." If the debtor holds no interest in real property, write "None" under "Description and Location of Property." Do not include interests in executory contracts and unexpired leases on this schedule. List them in Schedule G - Executory Contracts and Unexpired Leases. If an entity claims to have a lien or hold a secured interest in any property, state the amount of the secured claim. See Schedule D. If no entity claims to hold a secured interest in the property, write "None" in the column labeled "Amount of Secured Claim.” If the debtor is an individual or if a joint petition is filed, state the amount of any exemption claimed in the property only in Schedule C - Property Claimed as Exempt. Husband, Current Value of Debtor's Interest in Description and Location of Property Nature of Debtor's ife, Property, without Amount of Interest in Property Joint, or Deducting any Secured Secured Claim Community Claim or Exemption 1010 Chevy Chase St NW Fee simple H 63,194.00 148,826.00 Port Charlotte, FL 33948 (surrender) 4308 Mccullough St. Fee simple 20,331.00 72,000.00 Port Charlotte, FL (vacant lot - surrender) Lot in KY Parcel Number B W 328 in Breckenridge Fee simple 500.00 0.00 Coun (Debtor owns with wife) (purchased in 2007 for $2,500) Sub-Total > 84,025.00 (Total of this page) Total > 84,025.00 o continuation sheets attached to the Schedule of Real Property (Report also on Summary of Schedules) Software Copyright (c) 1996-2011 - CCH INCORPORATED - wiww.bestcase.com Best Case Bankruptey Case 9:12-bk-02006-FMD Doc1 Filed 02/14/12 Page 9 of 47 BOB (Official Form 6B) (12/07) Inre Thomas F. Lamatrice Case No. Debtor SCHEDULE B - PERSONAL PROPERTY Except as directed below, list all personal property of the debtor of whatever kind. If the debtor has no property in one or more of the categories, place "x" in the appropriate position in the column labeled "None." If additional space is needed in any category, attach a separate sheet properly identified with the case name, case number, and the number of the category. If the debtor is married, state whether husband, wife, both, or the marital community own the property by placing an "H," "W," "J," or "C" in the column labeled "Husband, Wite, Joint, or Community.” If the debtor is an individual or a joint petition is filed, state the amount of any exemptions claimed only in Schedule C - Property Claimed as Exempt. Do not list interests in executory contracts and unexpired leases on this schedule. List them in Schedule G - Executory Contracts and Unexpired Leases. If the property is being held for the debtor by someone else, state that person's name and address under "Description and Location of Property.” If the property is being held for a minor child, simply state the child's initials and the name and address of the child's parent or guardian, such as "A.B., a minor child, by John Doe, guardian." Do not disclose the child's name. See, 11 U.S.C. §112 and Fed. R. Bankr. P. 1007(m). Husband, Current Value of Type of Property oO Description and Location of Property ife, Debtor's Interest in Property, N Joint, or without Deducting any E Community Secured Claim or Exemption Cash on hand Checking, savings or other financial Suncoast Schools Checking acc 300.00 accounts, certificates of deposit, or shares in banks, savings and loan, thrift, building and loan, and homestead associations, or credit unions, brokerage houses, or cooperatives. Security deposits with public utilities, telephone companies, landlords, and others. Household goods and furnishings, 1 bedroom set, kitchen table and chairs, couch, 1,500.00 including audio, video, and loveseat, chair, entertainment center, 4 TV's, patio computer equipment. set, misc wall prints, dishes, pots and pans, 1 rug, laptop, desktop computer and printer, 3 fold out tables. Books, pictures and other art objects, antiques, stamp, coin, record, tape, compact disc, and other collections or collectibles. Wearing apparel. Clothes and shoes 100.00 Furs and jewelry. Firearms and sports, photographic, and other hobby equipment. Interests in insurance policies. life insurance 0.00 Name insurance company of each policy and itemize surrender or refund value of each. 10. Annuities. Itemize and name each issuer. Sub-Total > 1,900.00 (Total of this page) 33 continuation sheets attached to the Schedule of Personal Property Software Copyright (c) 1996-2011 - CCH INCORPORATED - wiww.bestcase.com Best Case Bankruptey Case 9:12-bk-02006-FMD Doc1 Filed 02/14/12 Page 10 of 47 BOB (Official Form 6B) (12/07) - Cont. Inre Thomas F. Lamatrice Case No. Debtor SCHEDULE B - PERSONAL PROPERTY (Continuation Sheet) Husband, Current Value of Type of Property Description and Location of Property Wire, Debtor's Interest in Property, Joint, or without Deducting any Community Secured Claim or Exemption 11 Interests in an education IRA as defined in 26 U.S.C. § 530(b)(1) or under a qualified State tuition plan as defined in 26 U.S.C. § 529(b)(1). Give particulars. (File separately the record(s) of any such interest(s). 11 USC. § 521(0)) 122 Interests in IRA, ERISA, Keogh, o American Fund IRA 1,848.00 other pension or profit sharing plans. Give particulars. 13 Stock and interests in incorporated TFL CONTRACTORS INC. 0.00 and unincorporated businesses. (just opened - no assets, no liabilities) Ttemize. TFL DEVELOPMENT CORP Unknown