Trial Materials: PHILLIP GARCIA VS. CARRIE WILSON, IN HER CAPACITCY AS TRUSTEE OF THE et al

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Gerry De Simone, State Bar #113524 FILED
latthew Mejia, State Bar #279201 iforni
SN ET aon cin otsn rn
Agoura Hills, California 91301 08/04/2017
(818) 707-0727 + Facsimile (818) 707-0757 Clerk of the Court
BY:EDNALEEN ALEGRE
Attorneys for Currently Non Party/Person-In-Interest Deputy Clerk

ANGELO WILSON

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO

PHILLIP GARCIA, Case No.: CGC-14-538560
Plaintiff,
SPECIAL TRIAL BRIEF #2 OF -
vs. PARTY/PERSON-IN-INTEREST,

ANGELO WILSON

DATE: August 7, 2017
TIME: 9:30 a.m.
DEPT: “206”

CARRIE WILSON, in her cay acity as
trustee of THE WILSON FAMILY TRUST,
SHAUN MARKHAM, ERIKA
MARKHAM, and ANGELO WILSON, and
DOES 1-20,

ee Sr

Defendants.

eee

TO ALL PARTIES, THEIR ATTORNEYS OF RECORD, AND TO THE HONORABLE
COURT:

ANGELO WILSON, a non-Party/Person-in-Interest in this matter, hereby submits this
Special Trial Brief #2 in an effort to apprise this court of the procedural posture/status of this
matter. To summarize:

1. Plaintiff has failed to seek a modification of either the automatic stay triggered by the
ANGELO WILSON’s bankruptcy filing OR the discharge order and is, therefore,
enjoined from proceeding in this matter against ANGELO WILSON for all purposes;

2. This Court does not have jurisdiction to adjudicate this matter—as it pertains to
ANGELO WILSON—because the Bankruptcy court is vested with exclusive

-1-

SPECIAL TRIAL BRIEF #2 OF NON-PARTY/PERSON-IN-INTEREST, ANGELO WILSONjurisdiction to determine dischargeability of debts pursuant to U.S.C. § 523(a)(6)—
relating to the alleged willful and malicious injury to person or property; and

3. ANGELO WILSON was precluded from participating in this litigation for

approximately 2 % years—initially due to the automatic stay, and subsequently, the
permanent discharge injunction. While plaintiff acknowledged ANGELO
WISLON’S inability to participate as late as March, 2017, he now claims that
ANGELO WILSON is an active party to this litigation and will be subject to
judgment at trial. Beyond the relevant Bankruptcy rules, plaintiff is equitably
estopped from proceeding against ANGELO WILSON, as allowing plaintiff to
otherwise proceed would be a violation of ANGELO WILSON’s due process rights.
I.

INTRODUCTION

This is a purported wrongful eviction and invasion of privacy action arising out of
plaintiff PHILLIP GARCIA’S (“Plaintiff”) tenancy at 1665 Hayes Street, San Francisco,
California. An unlawful detainer action was brought against plaintiff by non-participating
party/person-in-interest ANGELO WILSON who, at the time was the property manager.
Plaintiff prevailed on the unlawful detainer and obtained a judgment against ANGELO
WILSON.

ANGELO WILSON subsequently sought relief from his debts through the filing of a
Petition for Bankruptcy on April 20, 2015 (A true and correct copy of the Petition is attached
hereto as Exhibit “1”). Upon filing the petition, ANGELO WILSON was afforded the protection
of an automatic stay. See 11 U.S.C. §362. The automatic stay provision precludes any action
against or taken by or on behalf of defendant. See 11 U.S.C. §362 (a)(1). From the filing date
forward, ANGELO WILSON ceased participating in the instant action—including discovery and
pre-trial procedures.

On July 24, 2015, plaintiff filed a COMPLAINT OBJECTING TO
DISCHARGEABILITY OF DEBT (A true and correct copy of said complaint is attached hereto
as Exhibit “2.”) The COMPLAINT OBJECTING TO DISCHARGEABILITY OF DEBT has

-2-

SPECIAL TRIAL BRIEF #2 OF NON-PARTY/PERSON-IN-INTEREST, ANGELO WILSONyet to be heard. (A debtor shall be discharged from debts based on even intentional torts unless,
on request of the creditor to whom such debt is owed, and after notice and a hearing, the
Bankruptcy Court determines such debt to be excepted from discharge. See 11 U.S.C.
§523(c)(1).

On July 28, 2015, the Bankruptcy Court entered an order entitled DISCHARGE OF
DEBTOR AND FINAL DECREE. (A true and correct copy of said Discharge is attached hereto
as Exhibit “3”). When a debtor is discharged under the Bankruptcy Code, the discharge operates
as a permanent injunction against any attempt to collect or recover on a debt. McGhan v. Rutz
(2002) 288 F.3d 1172, 1176.

Plaintiff, while the stay was in place, failed to lift or seek relief from the stay and has
also failed to have the Bankruptcy Court modify the discharge injunction in any way. Hence,
plaintiff is enjoined from seeking judgment from ANGELO WILSON (and any judgment
whatsoever is void as to Mr. WILSON), and cannot continue this litigation against ANGELO
WILSON. See 11 U.S.C. §524(a).

If plaintiff contends that WILSON is not a party (as discussed below), it is well
established that a judgment may not be entered either for or against a person who is not a party t
the proceeding, and any judgment which does so is void to that extent. In re Wren (1957), 48
Cal. 2d 159.

Plaintiff's counsel continually violates the stay/injunction through each and every action
he takes in this matter against ANGELO WILSON. These actions include, but are not limited to:
(1) Motion in Limine # 7—seeking judicial estoppel as to issues pertaining to ANGELO
WILSON; and (2) plaintiff's counsel’s admission that he is continuing a case against a debtor in
bankruptcy without obtaining relief from the automatic stay/injunction. Specifically, plaintiff is
attempting to prove willfulness, maliciousness, or bad faith against ANGELO WILSON in state
court (See Second Amended Complaint ~ the same elements he is seeking to establish in the
bankruptcy).

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‘1

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SPECIAL TRIAL BRIEF #2 OF NON-PARTY/PERSON-IN-INTEREST, ANGELO WILSONIl.
THIS COURT HAS THE INHERENT POWER TO
STAY THESE PROCEEDINGS

This Court has the inherent power to stay this litigation pending the outcome of related
matters. Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4" 1484, 1489 (“Trial courts
generally have the power to stay proceedings in the interests of | ‘justice and to promote judicial
efficiency”), Walker v. Superior Court (1991) 53 Cal.3d 257, 267 (It is established that the
inherent powers of the courts are derived from [Article VI §1] of the Constitution.”)

California Code of Civil Procedure §187 gives this court discretion to adopt “any suitable|

process or mode of proceeding ... which may appear most comfortable to the spirit of this
code.” The Court’s authority to stay proceedings is part of its “inherent power” to “insure the
orderly administration of justice.” Bailey v. Fosca Oil Co.. Ltd. (1963) 216 Cal.App.2d 813,
817-818.

The concept of a Superior Court stay, when there is a related bankruptcy, is so common
in California that Rule 3.650(b)(4) of the California Rules of Court provides for notice of an
“automatic stay caused by a filing in another court, including a federal bankruptcy court.”
Because of the adversarial bankruptcy matter currently pending and its intrusion into this state
court litigation, a stay is required.

Il.
PLAINTIFF’S VIOLATION OF THE BANKRUPTCY STAY AND DISCHARGE
REQUIRES THIS COURT TO STAY THESE PROCEEDINGS.

A. Once ANGELO WILSON filed for Bankruptcy, plaintiff was precluded from
pursuing his claims against WILSON, without seeking a modification of the Stay.
The automatic stay is one of the most fundamental aspects of the Bankruptcy Code and
serves several purposes. A primary purpose of the automatic stay is to relieve a debtor of
financial pressures such as those which drove the debtor into bankruptcy. See Schwartz v. United]
States (In re Schwartz), 954 F.2d 569, 571 (9th Cir.1992). The broad scope of Section 362 of the

4.

SPECIAL TRIAL BRIEF #2 OF NON-PARTY/PERSON-IN-INTEREST, ANGELO WILSONBankruptcy Code prevents creditors from taking almost any action outside of the supervision of
the bankruptcy court. 11 USC § 362; 11 USC § 524.

The filing of a bankruptcy petition operates as a stay of “the commencement or
continuation, including the issuance or employment of process, of a judicial, administrative, or
other action or proceeding against the debtor that was or could have been commenced” before
the bankruptcy case. 11 U.S.C. § 362(a)(1).

Similarly, the filing of a bankruptcy petition stays “any act to collect, assess, or recover
a claim against the debtor that arose before the commencement” of the bankruptcy action. 11
U.S.C. § 362(a)(6). Another purpose of the stay is to ensure “that all claims against the debtor
will be brought in a SINGLE forum, the bankruptcy court.” Hillis Motors, Inc. v. Hawaii Auto.
Dealers Ass’n, 997 F.2d 581, 585 (9th Cir.1993) (emphasis added). The stay is intended to give a

debtor the opportunity to reorganize or repay debts, if at all possible. Boucher v. Shaw, 572 F.3d
1087, 1092 (9th Cir.2009). Thus, when the automatic stay applies, the burden falls upon the
creditor to request relief from the stay, typically under 11 U.S.C. § 362(d). In re Deraid Kenoyer
v. Noreen Cardinale et al. (In re Kenoyer) 489 B.R. 103, 112 (2013).

Specifically, the automatic stay prevents “the commencement or continuation of any
judicial, administrative or other proceeding against the debtor based upon a pre-petition claim.”
11 U.S.C. §362(a)(1). The stay prohibits the enforcement against the debtor or his/her property of|
a judgment obtained pre-petition. In fact, actions taken in violation of the automatic stay (e.g.a
judgment against ANGELO WILSON in state court) are void (ie. they have no effect). See
Schwartz v. United States (In re Schwartz) 954 F.2d 569, 571 (9th Cir. 1992). Further, “judicial
proceedings in violation of the automatic stay are void.” See Phoenix Bond & Indemnity Co. v.
Shamblin (In re Shamblin), 890 F.2d 123, 125 (9th Cir. 1989); and Robert Gruntz v. County of
Los Angeles (In re Gruntz) 202 F.3d 1074, 1082 (2000).

Prior to the discharge, plaintiff never sought a modification of the automatic stay.
Hence, plaintiff continues to be enjoined from taking any action against ANGELO WILSON.
‘if
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SPECIAL TRIAL BRIEF #2 OF NON-PARTY/PERSON-IN-INTEREST, ANGELO WILSONB. Plaintiff's failure to seek modification of the discharge order precludes the
continuation of this litigation against ANGELO WILSON.
11 USC § 524 of the United States Bankruptey Code (“Bankruptcy Code”) states, in
pertinent part:
(a) A discharge in a case under this title
(1) voids any judgment at any time obtained, to the extent that such judgment is a

determination of the personal liability of the debtor with respect to any debt

discharged...;

(2) _ operates as an injunction against the commencement or continuation ofan
action, the employment of process, or an act, to collect, recover or offset any
such debt as a personal liability of the debtor, whether or not discharge of such
debt is waived. (emphasis added).
The above cited statute clearly precludes this court from proceeding with this case as
to ANGELO WILSON.

A state court cannot modify an automatic stay and/or the permanent injunction. 11 USC
§ 362; 11 USC § 524; In re McGhan, 288 F.3d 1172. Even an attempt to modify a bankruptcy
stay would constitute an unauthorized infringement upon the bankruptcy court’s jurisdiction to

enforce the stay. See In Re Gruntz, supra; and In Re McGhan, supra, at 1177.). Since the

bankruptcy court has the ultimate authority to determine the scope of the stay, this Court risks
having a judgment declared void. (Gruntz at 1087; McGhan at 1177.).

Plaintiff's counsel has continually noted and the complaint clearly shows that plaintiff
will be pursuing a judgment against ANGELO WILSON in state court, and thereafter will file a
motion in federal court seeking to make the state court judgment dispositive, via res judicata.
(See Plaintiff's Opposition to Defendants Motion for Further Trial Continuance, p. 13:18-20,
which is attached hereto as Exhibit “4”). Not only does plaintiff fail to offer any authority for
this plan, but he overtly continues his violation of the automatic stay/permanent injunction by
pursuing a judgment against ANGELO WILSON in the instant state court action.

Plaintiff's intention is further evidenced by his Motion in Limine No. 7, seeking a

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SPECIAL TRIAL BRIEF #2 OF NON-PARTY/PERSON-IN-INTEREST, ANGELO WILSONjudicial determination that ANGELO WILSON was an agent of Defendant CARRIE WILSON
and THE WILSON FAMILY TRUST. (Plaintiffs Motion in Limine No. 7, attached hereto as
Exhibit “5”.)

The failure to request or obtain relief from a stay/permanent injunction, when required,
rises to a willful violation of the stay (See Deraid Kenoyer v. Noreen Cardinale et al. (In re
Kenoyer) 489 B.R. 103, 112 (2013)). For a creditor’s violation to be willful, the creditor (such as|
plaintiff herein) must only know of the automatic stay and intentionally act in a way which
violates the stay. (Id.; See also Morris v. Peralta (In re Peralta), 317 B.R. 381, 389 (9th Cir. BAP
2004).) A creditor is not required to have specific intent to violate the stay for the creditor’s
actions to amount to a willful violation. (Id.) In addition, the creditor’s good faith belief that the
creditor’s conduct did not violate the stay is not relevant. (Id.)

The continuing violation of the bankruptcy order by the plaintiff mandates this Court
to stay these proceedings—at least as to ANGELO WILSON—-so that the ultimate issues as to
Mr. WILSON can be adjudicated in the proper forum — the Bankruptcy Court.
Iv.
THIS ACTION MUST BE STAYED BECAUSE EXCLUSIVE JURISDICTION
RESTS WITH THE BANKRUPTCY COURT

The Bankruptcy Court has exclusive jurisdiction in all matters pertaining to the debtor,
including but not limited to amending the automatic stay/permanent injunction. Simply put, this
court does not have jurisdiction to amend the automatic stay/permanent injunction. In re Gruntz,
supra. Beyond the lack of jurisdiction, any proceedings by this court in continuation of an action|
against ANGELO WILSON amount to a violation of the stay/injunction. In re Braugh (2004)
307 B.R. 399. Lastly, any judgment against ANGELO WILSON that is entered by this court is a
void.

While this court may exercise jurisdiction over a debtor—such as ANGELO WILSON—
it may only do so after plaintiff has successfully moved the Bankruptcy Court from relief from

the automatic stay. While plaintiff's counsel is fully aware of the stay, he has elected to ignore

7a

SPECIAL TRIAL BRIEF #2 OF NON-PARTY/PERSON-IN-INTEREST, ANGELO WILSONthe stay and the legal authorities that have actually been shared with him and noted that he will
continue to pursue this action against ANGELO WILSON without seeking proper relief.
A. Only the Bankruptcy Court may address the dischargeability of claims stemming
from alleged intentional and malicious conduct.

The court’s attention is directed to COMPLAINT OBJECTING TO DISCHARGE
(Exhibit “2”), which notes that the Objection to Discharge is premised upon 11 U.S.C. §
523(a)(6), which relates to malicious torts. In fact, plaintiff alleges “Damages arising from
wrongful eviction fall within the Section 523(a)(6) exception . . .” (Complaint, 2:13-14.)

As noted in Ackerman v. Eber (2012) 687 F.3d 1123, 1128, exceptions to discharge
under § 523 fall into two major categories: (1) debts over which the Bankruptcy Court has
exclusive jurisdiction to determine dischargeability, and (2) those that it does not... .
Bankruptcy courts have exclusive jurisdiction to determine dischargeability of debts under
Section 523 (a)(6) (willful and malicious injury to person or property) [See In re Aldrich, 34 B.R|
at 781, explaining that claims that a debt is non-dischargeable under §523(a)(2),(4) and (6) “may
not be pursued in the state court as a result of the exclusive jurisdiction granted to the
bankruptcy court by the bankruptcy code... .”.

With all due respect to this court, it is respectfully submitted that it may not allow this
action to proceed—at least as it pertains to ANGELO WILSON—and must await appropriate
orders from the Bankruptcy Court.

Vv.
PLAINTIFF IS ESTOPPED FROM PURSUING ANGELO WILSON
AS A DEFENDANT IN THIS LITIGATION

As stated in Long Beach v. Mansell (1970) 3 Cal. 3d 462, 489: “Generally speaking,
Sour elements must be present in order to apply the doctrine of equitable estoppel: (1) the
party to be estopped must be apprised of the facts; (2) he must intend that his conduct shall be
acted upon, or must so act that the party asserting the estoppel had a right to believe it was so
intended; (3) the other party must be ignorant of the true state of facts; and (4) he must rely

upon the conduct to his injury.”

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SPECIAL TRIAL BRIEF #2 OF NON-PARTY/PERSON-IN-INTEREST, ANGELO WILSONIt is quite apparent that plaintiff has taken starkly different positions in this litigation.
First, plaintiff claimed that ANGELO WILSON is not a party to this action (and an inactive
defendant). In contrast, plaintiff now argues that ANGELO WILSON is an active defendant
against whom he may obtain judicial determinations in this trial. Since the automatic stay was
imposed on April 20, 2015, ANGELO WILSON has not participated in this lawsuit—
precluded from participating in discovery and any meaningful pre-trial procedures.

On February 14, 2017, MURCHISON & CUMMING! (previous counsel to ANGELO
WILSON) noticed the deposition of plaintiff. A copy of the Amended Notice of Taking
Continued Deposition of Plaintiff and Request for Production of Documents and Things is
attached hereto as Exhibit “6”. As noted on the Amended Notice of Taking Continued
Deposition, the deposition is noticed on behalf of the Defendant (singular), without specifying
which Defendant was noticing the deposition—albeit, the caption lists that MURCHISON
represents CARRIE WILSON, in her capacity as Trustee of THE WILSON FAMILY TRUST,
SHAUN MARKHAM, and ANGELO WILSON.

Plaintiff's counsel apparently viewed the Amended Notice of Taking Continued
Deposition as an opportunity, and served a document entitled PLAINTIFF PHILLIP GARCIA’S
OBJECTION TO DEFENDANT ANGELO WILSONS’S AMENDED NOTICE OF TAKING
CONTINUED DEPOSITION OF PLAINTIFF AND REQUEST FOR PRODUCTION OF
DOCUMENTS AND THINGS, a copy of which is attached hereto as Exhibit “7.”

In the purported OBJECTION, plaintiff concedes that there is an automatic stay on the|
action as against ANGELO WILSON, but seeks to create his own tules, noting that “Jn the
event this deposition goes forward as noticed, plaintiff will appear with the understanding that
defendant Angelo Wilson has waived the automatic stay imposed in these proceedings by his
Chapter 7 bankruptcy filing.” While creative, this is not supported by any provision of law; it is
well established that an automatic stay cannot be waived by the debtor. Commerzanstalt v.

Telewide Sys. (1986) 790 F.2d 206; Constitution Bank v. Tubbs (1995) 68 F.3d 685.

' MURCHISON & CUMMING represented all defendants and ANGELO WILSON at the time of the Notice of
Deposition and has since recused itself due to conflicts of interest.

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SPECIAL TRIAL BRIEF #2 OF NON-PARTY/PERSON-IN-INTEREST, ANGELO WILSONAfter reviewing the Motions in Limine in this matter, it now appears that plaintiff is
abandoning the argument that ANGELO WILSON “waived” the automatic stay. In fact, in
Plaintiff's Motion in Limine #10 (now withdrawn), plaintiff admits that ANGELO WILSON is
not currently a party to the action due to his bankruptcy proceedings. Plaintiff's Motion in
Limine #10, Pg. 2, Ln. 6-7 (attached hereto as Exhibit “8”),

While plaintiff knowingly proceeded toward a judgment or factual determinations against
ANGELO WILSON-—while failing to make such known to ANGELO WILSON—he made the
representations that were diametrically opposite (Prima facie element #1 of equitable estoppel).
The only logical explanation for plaintiff's strategy was to lull then counsel for ANGELO
WILSON into believing that he was not a part of the litigation, while plotting to seek a judgment
or factual determinations from the court against ANGELO WILSON (Prima facie element #2 of
equitable estoppel). Plaintiff made affirmative representations—as late as March, 2017—that
ANGELO WILSON was not an active party to the action, causing counsel for Mr. WILSON to
be unaware of plaintiff's strategy in seeking factual determinations and/or judgment against Mr.
WILSON (Prima facie element #3 of equitable estoppel). Lastly, ANGELO WILSON has not
participated in this lawsuit since the automatic stay was imposed, thereby relying upon both
plaintiff's actions—all of which indicated and/or represented that ANGELO WILSON was not a
party to this lawsuit after the April 20, 2015 automatic stay (Prima facie element #4 of equitable
estoppel). To allow plaintiff to seek (1) a judgment against ANGELO WILSON and/or (2)
obtain factual determinations relating to ANGELO WILSON by this court, would be inequitable,
and a violation of defendant’s due process rights.

VI.
IN THE EVENT THIS COURT ELECTS NOT TO STAY THESE PROCEEDINGS,
IT SHOULD SEVER ANY CLAIMS AGAINST ANGELO WILSON

The court, in furtherance of convenience, or to avoid prejudice, may order a separate trial

of any cause of action. Code of Civil Procedure §1048. The trial court has the power to sever an

action where the interests of justice require it. City of Sacramento v. Superior Court (1962) 205
Cal.App.2d 398.

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SPECIAL TRIAL BRIEF #2 OF NON-PARTY/PERSON-IN-INTEREST, ANGELO WILSONANGELO WILSON has received a discharge from the bankruptcy court relating to the
claims made against him in the instant action. As noted above, that discharge serves as an
injunction and precludes plaintiff from prosecuting the instant action against Mr. WILSON.
Hence, in the event this court believes it must allow the plaintiff to prosecute his case against
other defendants, it should sever the complaint as to ANGELO WILSON.

VII.
UNLESS THIS ACTION IS STAYED, COUNSEL FOR ANGELO
WILSON WILL BE RENDERED ESSENTIALLY INEFFECTIVE

Unless this action is stayed, ANGELO WILSON faces the prospect of being forced to
proceed without effective counsel to assist him. Reduced to its most common denominator, in
the event this court allows the matter to proceed forward, factual findings will be made that may
impact ANGELO WILSON in a subsequent adversarial proceeding before the Bankruptcy
Court. Hence, if this court permits the matter to proceed, and Mr. WILSON is deemed not to be
4 party, he faces the prospect of having to testify without the assistance of his attorney. Simply
put, he is not just a witness.

Counsel for plaintiff has already represented his intent to use findings in this trial to
influence the subsequent adversarial proceeding by way of the doctrine of res judicata—despite
plaintiff's failure to seek relief from the automatic stay or permission from the bankruptcy court
to proceed herein. Simply stated, ANGELO WILSON requires his attorney to represent him in
front of the trier of fact, with the right to object and to make appropriate arguments, as well as
questioning witnesses, etc.

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SPECIAL TRIAL BRIEF #2 OF NON-PARTY/PERSON-IN-INTEREST, ANGELO WILSONUnder the circumstances, if the court is inclined to deny a stay, and deny severance, it is
respectfully requested that the court define counsel’s role at trial, whether as a spectator or

participant (and if a participant, the extent of that participation).

DATED: August 4, 2017 Respectfully submitted,
DE SIMONE & HUXSTER

By:

MATTHEW MEJIA
Attorneys for Currently Non Party/Person-
in-Interest, ANGELO WILSON

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SPECIAL TRIAL BRIEF #2 OF NON-PARTY/PERSON-IN-INTEREST, ANGELO WILSONEXHIBIT "1"BL (Official Form Lu04/1)

United States Bankruptcy Court
Northern District of California

Voluntary Petition

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

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

|All Other Names used by the Debtor in the last 8 years
|(include married, maiden, and trade names):

AI! Other Names used by the Joint Debtor in the last 8 years
(include married, maiden, and trade names):

(ifmore than one, state al

XXX-Xx-9105

Last four digits of Soc. Sec. of Individual-Taxpayer LD. (ITINY/Complete EIN

[Last four digits of Soc. Sec.

Gif more than one, sate al)

oF Individual-Taxpayer LD. (TIN) No/Complete EIN

[Street Address of Debtor (No. and Street, City, and State):
1675 Hayes Street
San Francisco, CA

ZIP Code
94417

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

ZIP Code

[County of Residence or of the Principal Place of Business
San Francisco

[County of Residence or of the Principal Place of Business:

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

ZIP Code

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

ZIP Code

Location of Principal Assets of Business Debtor
(if different from strect address above):

Type of Debtor
(Form of Organization) (Check one box)

I Individual (includes Joint Debtors)
See Exhibit D on page 2 of this form.

O Corporation (includes LLC and LLP)
O Partnership

© Other (1f debtor is not one of the above entities,
‘check this box and state type of entity below.)

D Railroad

D Stockbroker

O Commodity Broker
Clearing Bank

Chapter 15 Debtors Hl Other

Nature of Business
(Check one box)
O Health Care Business
i Single Asset Real Estate as defined
in 11 U.S.C. § 101 (51B)

‘Chapter of Bankruptcy Code Under Which
the Petition is Filed (Check one box)

WW Chapter 7

Chapter 9 OO Chapter 15 Petition for Recognition
O Chapter 11 of a Foreign Main Proceeding

i Chapter 12 Gi Chapter 15 Petition for Recognition

Oi Chapter 13, of a Foreign Nonmain Proceeding

Nature of Debts

Country of debtor's center of main interests:

Tax-Exempt Entity
(Check box, if applicable)

(Check one box)
O Debts are primarily consumer debts,
defined in 11 USC. § 101(8) as

Wh Debts are primarily
business debts.

1 Debtor is a tax-exempt organization
under Title 26 of the United States.
Code (the Internal Revenue Code).

Each country in which a foreign proceeding
by, regarding, or against debtor is pending:

“incurred by an individual primarily for
a personal, family, or household purpose."

Filing Fee (Check one box)
Wi Full Filing Fee attached
Filing Fee to be paid in installments (applicable to individuals only). Must
attach signed application for the cour’s consideration certifying that the

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

O Filing Fee waiver requested (applicable to chapter 7 individuals only). Must
attach signed application for the court's consideration. See Official Form 3B,

‘Check one box: Chapter 11 Debtors
D1 Debtor is a small business debtor as defined in 11 U.S.C. § 101(51D).

D1 Debtor is not a small business debtor as defined in 11 U.S.C. § 101(51D).
Check if:
1 Debtor's aggregate noncontingent liquidated debts (excluding debts owed to insiders or affiliates)
are less than $2,490,925 (amount subject to adjustment on 4/01/16 and every three years thereafter)
‘Check all applicable boxes:
OA plan is being filed with this petition,
1D. 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
D Debtor estimates that funds will be available for distribution to unsecured creditors.
I Debior 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 Cre
a a a a Q a Q
1. 50- 200- 1000. 3,001- 10,001. 25,001- $0,001. OVER
49 99 999 $,000 10,000 25,000 $0,000 100,000 100,000
Estimated Assets
a g a a Qa
S010 $50,001 to $100,001 to $500,001 $1,000,001 $10,000,001 $50,000,001 $100,000,001 500,000,001 More than
Ssotw —Siam00" $500,900" 6 $1 S10" HO $100 SSID ST lon $1 bon
Estimated Liabilities
a a a a Q Q a qd a
D0 $50,001 10 $100.001 © $500.01 2.001 $10,060,001 $50,000,001 $100,000.00! $500.00,001 More than
$50,000 * Si00000° —$500.000"° tos! fo$10. ($50 to $100" 10 $500 Sl billion. $1 billion
35-3040! bead potion a pation a terechinGh 4464 Page+6f39-BI (Official Form 1)(04/13)

Page 2
Voluntary Petition Name of Debtor(s):
Wilson, Angelo
(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) ofthe Securities Exchange Act of 1934 | 12,0r 13 of ie 11, United | States Code, and have explained the relief available
i it under each such chapter. | further certify that I delivered to the debtor the notice
and is requesting relief under chapter 11.) Teauired by TUS gbaaioy
O Exhibit A is attached and made a part of this petition. x
Signature of Attorney for Debtor(s) (Date)
Exhibit C

Does the debtor own or have possession of any property that poses or is alleged to pose a threat of imminent and identifiable harm to public health or safety?
C1 Yes, and Exhibit C is attached and made a part of this petition.
No.

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

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)

a 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.

Qo

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)

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

Debtor certifies that he/she has served the Landlord with this certification. (11 U.S.C. § 362().
Gase-i5-30483Dec# 1 _Filed:-04/20/15 Enterod- 04/20/15.11-16-14 _p. ge-2-0£ 39.BI (Official Form 1)(04/13)

Page 3

Voluntary Petition

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

Namie of Debtor(s):
Wilson, Angelo

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

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

[If petitioner is an individual whose debts are primarily consumer debts and
has chosen to file under chapter 7] I am aware that I may proceed under
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.
[If no attorney represents me and no bankruptcy petition preparer signs the
petition] I have obtained and read the notice required by 11 U.S.C. §342(b).

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

X _!s/ Angelo Wilson
Signature of Debtor Angelo Wilson

x

Signature of Joint Debtor

Signatures

Signature of a Foreign Representative

I declare under penalty of perjury that the information provided in this petition
is true and correct, that I am the foreign representative of a debtor in a foreign
proceeding, and that I am authorized to file this petition.

(Check only one box.)

[request relief in accordance with chapter 15 of title 11. United States Code,
Certified copies of the documents required by 11 U.S.C. §1515 are attached.

1 Pursuant to 11 U.S.C. §1511, I request relief in accordance with the chapter
of title 11 specified in this petition. A certified copy of the order granting
recognition of the foreign main proceeding is attached,

x

Signature of Foreign Representative

Printed Name of Foreign Representative

Date

Telephone Number (If not represented by attorney)

April 20, 2015
Date

Signature of Attorney*

X _!s/ Thomas R. Burns
Signature of Attomey for Debtor(s)

Thomas R. Burns 152493
Printed Name of Attorney for Debtor(s)

Thomas R. Burns, Attorney at Law
Firm Name

703 Market St., #1109

San Francisco, CA 94103

Address

Email: tom@tburnslaw.com
(415) 543-9900 Fax: (415) 543.9449
Telephone Number
April 20, 2015
Date

*In a case in which § 707(b)(4)(D) applies, this signature also constitutes a
certification that the attorney has no knowledge after an inquiry that the
information in the schedules is incorrect.

‘Signature of Debtor (Corporation/Partnership)

I declare under penalty of perjury that the information provided in this
petition is true and correct, and that T have been authorized to file this petition
on behalf of the debtor.

The debtor requests relief in accordance with the chapter of title 11, United
States Code, specified in this petition.

Signature of Authorized Individual

Printed Name of Authorized Individual

Title of Authorized Individual

Date

Signature of Non-Attorney Bankruptcy Petition Preparer

1 declare under penalty of perjury that: (1) 1 am a bankruptcy petition
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
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
pursuant to 11 U.S.C. § 110(h) setting a maximum fee for services
chargeable by bankruptcy petition preparers, I have given the debtor notice
of the maximum amount before preparing any document for filing for a
debtor or accepting any fee from the debtor, as required in that section,
Official Form 19 is attached.

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

Social-Security number (If the bankrutpey petition preparer is not
an individual, state the Social Security number of the officer,
principal, responsible person or partner of the bankruptcy petition
preparer. )(Required by 11 U.S.C. § 110.)

Address

Date

Signature of bankruptcy petition preparer or officer, principal, responsible
person,or partner whose Social Security number is provided above.

‘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:

If more than one person prepared this document, attach additional sheets
conforming to the appropriate official form for cach person.

A bankruptcy petition preparer's failure to comply with the provisions of
title 11 and the Federal Rules of Bankruptcy Procedure may result in
fines or imprisonment or both. 11 U.S.C. §110; 18 US.C. §156,

W45-20492—Doe#1_Filed-04/20/46

-eristodO4/20/16-14-46-44  Rage2-ef39—__B 1D (Official Form 1, Exhibit D) (12/09)
United States Bankruptcy Court
Northern District of California

Inre _Angelo Wilson 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.

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

02. Within the 180 days before the filing of my bankruptcy case, I received a briefing from a credit
counseling agency approved by the United States trustee or bankruptcy administrator that outlined the
opportunities for available credit counseling and assisted me in performing a related budget analysis, but I do
not have a certificate from the agency describing the services provided to me. You must file a copy of a
certificate from the agency describing the services provided to you and a copy of any debt repayment plan
developed through the agency no later than 14 days after your bankruptcy case is filed.

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.

0 4. I am not required to receive a credit counseling briefing because of: [Check the applicable
statement.] [Must be accompanied by a motion for determination by the court.]
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Case: 15-30483 Doc#1 Filed: 04/20/15 Entered: 04/20/15 11:16:14 Page 4 of 39B 1D (Official Form 1, Exhibit D) (12/09) - Cont, Page 2

O 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.);

0 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.

OS. 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/ Angelo Wilson
Angelo Wilson

Date; April 20, 2015

Sofware Copyright (c) 1996-2014 Best Cuse, LLC - wew bestease.com Best Case Bankruptcy

Case: 15-30483 Doc#1 Filed: 04/20/15 Entered: 04/20/15 11:16:14 Page 5 of 39B6 Summary (Official Form 6 - Summary) (12/14)

Inre Angelo Wilson

United States Bankruptcy Court

Northern District of California

SUMMARY OF SCHEDULES

Debtor

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 0.00
B - Personal Property Yes 4 397,250.00
C - Property Claimed as Exempt Yes 1
D - Creditors Holding Secured Claims Yes 1
E - Creditors Holding Unscoured Yes 3 9,000.00
Priority Claims (Tota ofClaims on Schedule F)
F - Creditors Holding Unsecured Yes 1 42,500.00
Nonpriority Claims
G - Executory Contracts and Yes 1
Unexpired Leases
H - Codebtors er 4
I~ Current Income of Individual Yes 2 4,493.75
Debtor(s) i .
J+ Current Expenditures of Individual Yes 2 4,784.00
Debtor(s)
Total Number of Sheets of ALL Schedules 7 i
Total Assets 397,250.00

Case: 15-30483 Doc#1

‘Software Copyright(c) 1996-2014 - Best Case, LLC - www bestca

Se.

Total Liabilities

51,500.00

com led: 04/20/15 Entered: 04/20/15 11:16:14 Page 6 of,

39

st Case BankruptcyB 6 Summary (Official Form 6 - Summary) (12/14)

United States Bankruptcy Court
Northern District of California

Inre Angelo Wilson Case No.
Debtor

Chapter. Zz

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

Ifyou are an individual debtor whose debts are primarily consumer debts, as defined in § 101(8) of the Bankruptcy Code (11 US.C.§ 101(8)), filing
a case under chapter 7, 1! or 13, you must report all information requested below.

Mi 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)

Taxes and Certain Other Debts Owed to Governmental Units
(from Schedule E)

Claims for Death or Personal Injury While Debtor Was Intoxicated
{from Schedule E) (whether disputed or undisputed)

Student Loan Obligations (from Schedule F)

Domestic Support, Separation Agreement, and Divorce Decree
Obligations Not Reported on Schedule E

Obligations to Pension or Profit-Sharing, and Other Similar Obligations|
(from Schedule F)

TOTAL

State the following:

Average Income (from Schedule I, Line 12)

Average Expenses (from Schedule J, Line 22)

Current Monthly Income (from Form 22A-I Line 11; OR,
Form 22B Line 14; OR, Form 22C-1 Line 14 )

State the following:

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

2. Total from Schedule E, "AMOUNT ENTITLED TO PRIORITY"
column

3. Total from Schedule E, "AMOUNT NOT ENTITLED TO
PRIORITY, IF ANY" column

4, Total from Schedule F

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

Case: 15-30483 Doc# 1 | Filed: 04/20/15 Entered: 04/20/15 11:16:14 Page 7 of 39

Software Copyright (c) 1996-2014 - Bost Case, LLC - www. ‘Best Case BankruptcyBGA (Official Form 6A) (12/07)

Inre Angelo Wilson 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."
"1." or "C" 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.

Current Value of
Husband, n f
‘ band, Debtor's Interest in
Description and Location of Property Ineeest Sa Deenony Bite, | Property, without one

Community Deducting any Sceured

aim or Exemption

None

Sub-Total > 0.00 (Total of this page)

Total > 0.00
0 _ continuation sheets attached to the Schedule of Real Property (Report also on Summary of Schedules)

Case: 15-30483 Doc# 1 | Filed: 04/20/15 Entered: 04/20/15 11:16:14 Page 8 of 39

Software Copyright (c) 1996-2014 - Best Case, LLC - waw.bestoase. ‘Case BankruptcyB6B (Official Form 6B) (12/07)

Inte Angelo Wilson 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 mote of the categories, place
an "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, "or "C" in the column labeled "Husband, Wife, 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).

N Husband, Current Value of
Type of Property a Description and Location of Property re oe peeiihout Deducting soy
E Community Secured Claim or Exemption
1. Cash on hand Cash on Hand 150.00

2. Checking, savings or other financial X
accounts, certificates of deposit, or
shares in banks, savings and loan,
thrift, building and loan, and
homestead associations, or credit
unions, brokerage houses, or
cooperatives,

3. Security deposits with public x
utilities, telephone companies,
landlords, and others.

4. Household goods and furnishings, Houshold goods and furnishings - 2,000.00
including audio, video, and
computer equipment.

5. Books, pictures and other art x
objects, antiques, stamp, coin,
record, tape, compact disc, and
other collections or collectibles.

6. Wearing apparel. Wearing apparel eI 500.00
7. Furs and jewelry.

8. Firearms and sports, photographic,
and other hobby equipment

9. Interests in insurance policies. Life Insurance with Allstate-Term Policy - 0.00
Name insurance company of each
policy and itemize surrender or
refund value of each,

10. Annuities. Itemize and name each x
issuer.

Sub-Total > 2,650.00
(Total of this page)

3__ continuation sheets attached to the Schedule of Personal Property

Case: 15-30483 Doc# 1, Filed: 04/20/15 Entered: 04/20/15 11:16:14 Page 9 of 39

‘Software Copyright (c) 1996-2014 - Best Case, LLC - www bestcas st Case BankruptcyBOB (Official Form 6B) (12/07) - Cont,

Inre

Angelo Wilson

Debtor

Case No.

SCHEDULE B - PERSONAL PROPERTY

(Continuation Sheet)

Type of Property

Description and Location of Property

Husband, Current Value of
Wife, ' Debtor's Interest in Property,
Joint, or __ without Deducting any

Community Secured Claim or Exemption

20.

Sheet _1

» 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 U.S.C. § 521(c).)

. Interests in IRA, ERISA, Keogh, or

other pension or profit sharing
plans. Give particulars.

. Stock and interests in incorporated

and unincorporated businesses.
Itemize

Interests in partnerships or joint
ventures. Itemize.

. Government an