Professional Documents
Culture Documents
"
U"DEt}tition
First, Middle):
Name
of Debtor
KURT
A. KIRCHHOFF
80921
County of Residence or of the Principal Place of Business: EL PASO Mailing Address of Debtor (if different from street address): County of Residence or of the Principal Place of Business: EL PASO (if different from street address):
4725 Town
Colorado
Center
E
Debtor
(.
VV
lr:)Y(?
4725 TOWN
UNITE COLORADO
Mailing
Address
4725
CENTER
Town Colorado
Center
Location of Principal Assets of Business (if different from street address above):
DRIVE
SPRINGS CO 80918
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Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 180 days immediately of this petition or for a longer part of such 180 days than in any other District. There is a bankruptcy Type case concerning debtor's affiliate, general partner, or partnership (Check pending in this District, Chapter or Section the Petition of Bankruptcy is Filed (Check Code
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s.-
ofDebtor
all
Under
Which
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of Debts (Check
o o o
one box)
Chapter 7 0 Chapter II Chapter 9 0 Chapter 12 Sec. 304 - Case ancillary to foreign proceeding Filing Fee (Check one box)
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Chapter 13
1----------------------------1 0 Full Filing to beAttached installments o Filing Fee Fee paid in Chapter 11 Small Business (Check all boxes that apply) o o o
o
Debtor is a small business as defined in 11 U,S.C. § 101 Debtor is and elects to be considered a small business under II U.S.C. § 1121(e) (Optional) Information (Estimates only)
Nature Consumer/Non-Business
0'
(Applicable to individuals only) Must attach signed application for the court's consideration certifying that the debtor is unable to pay fee except in installments. Rule 1006(b), See Official Form No.3.
PACE IS FOR COURT USE ONLY
Statistical/Administrative
Debtor estimates that funds will be available for distribution to unsecured creditors. Debtor estimates that, after any exempt property is excluded and administrative expenses paid, there will be no funds available for distribution to unsecured creditors. 1-15 16-49 50-99 100-199 200-999
Estimated Number of Creditors Estimated Assets $0 to $50,000 $50,001 to $100,000 $100,001 to $500,000
0
$500,001 to $1 million
JOOO-over
0
$1,000,001 to $10 million
0
$10,000,001 to $50 minion
0
$50,000,001 to $100 million More than $100 million
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Estimated Debts $Oto $50,000 $50,001 to $100,000 $100,001 to $500,000 $500,001 to $1 million
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$1,000,001 to $IOmillion
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Voluntary Petition
(This page must be completed and filed in every case) Prior Location Where Filed: NONE Pending Name of Debtor: NONE District: Bankruptcy Case Filed by any Spouse, Partner Bankruptcy Case Filed Within
Name of Debtors: KURT ALAN KIRCHHOFF MELINDA SHARON KIRCHHOFF Last 6 Years
Page2
additional
Case Number:
or Affiliate
of this Debtor
sheet)
Case Number:
Relationship:
Judge:
Signatures
Signature(s) of Debtor(s) (Individual/Joint) Signature(s) of Debtor (Corporation/Partnership) I declare under penalty of perjury that the information provided in this petition is true and correct. [lf petitioner is all j Ildi vidual whose debts OIe primari Iy consumer debts and has chosen to me under chapter I am aware (hall may proceed under chapter 7. II, 12 or 13 or title II, Unlte States Code, understand the relief available under each such chapter, and choose to proceed under chapter 7. I request relief in -accordance with the chapter of uue I l, United grates Code, specified in this pelition. I declare under penalty of perjury that the information provided in this petition is true and correct, and that I have been authorized to file this petition on behalf of the debtor. The debtor requests relief in accordance with the chapter of title II, United States Code, specified in this petition.
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Signat~of
Joint Debtor----
Y-:.,/)- u> A
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TCle~ltt Date
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........
Individual
~~not represented
Signature
A.
5Tgnat~roof ROBERT
....-...
of Attorney
Ati'O?irGYfof Debtor(s)
M. DUITCH,
9313
'"
1 certify that I am a bankruptcy petition preparer as defined in II U.S.C. § 110, that 1 prepared this document for compensation, and that I have provided the debtor with a copy of this document. Not Applicable Printed Name of Bankruptcy Petition Preparer
Printed Name of Attorney for Debtor(s) / Bar No. ROBERT Firm Name 811 SOUTII Address COLORADO SPRINGS, CO 80903 TEJON STREET M. DUITCH, P.C.
Address
(719) 632-3450
TelePhOdC and Fax Number
Date
rlt~60
(719) 632-0006
rmdWlrmdlaw.net
Names and Social Security numbers of all other individuals who prepared or assisted in preparing this document:
nd E-Mail Address If more than one person prepared this document, attach additional sheets conforming to the appropriate official form for each person.
Exhibit A (To be completed if debl~r is required 10 file periodicreports ~'g.. forms IOKand IOQ) with the Securi!les and Exchange ommission pursuant (0 Section 13 or IS(d) of the Securities Exchange Act of 1934 and is requesting relief under chapter 11) Exhibit A is attached and made a part of this petition.
Exhibit B (To be completed if debtor is an hidividual whosedebts are primarily consumer debts) I, the a!,\omey for the petitioner named in the foregoing jetition. declare that I have informed the hctlt10ner that [he/she) may procee under chapter 7, II, 12 or 13 of lit ell, United States Code, and have explained the relief availableunder each such chapter,
A bankruptcy petition rreparer's failure to comply with the provisions of title I I and the Federa Rules of Bankruptcy Procedure may result in fines or imprisonment Of both. 11 U.S.C. § 110; 18 U.S.C. § 156.
X
Signature of Attorney for Debtor(s) Date
UNITEDSTATESBANKRUPT
District of Colorado
In re: KURT ALAN KIRCHHOFF
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State the gross amount of income the debtor has received from employment, trade, or profession, or from operation of the debtor's business from the beginning of this calendar year to the date this case was commenced. State also the gross amounts received during the two years immediately precedIng this calendar year. (A debtor that maintains, or has maintained, financial records on the basis of a fiscal rather than a calendar year may report fiscal year income. Identify the beginning and ending dates of the' debtors fiscal year.) If a joint petition Is filed, state lncorne for each spouse separately. (Married debtors filing under chapter 12 or chapter 13 must state income of botA spouses whether or hot a joint petltion is filed, unless the spouses are separated and a joint petition is not filed.)
AMOUNT SOURCE FISCAL YEAR PERIOD
0'
State the amount of income received by the debtor other than from employment. trade, profession, or operation of the debtor's business during the two years immedIately preceding the commencement of this case. Give particulars. If a jolnt petition is filed, state income for each spouse separately. (Married debtors filing under chapter 12 or chapter 13 must state income for each spouse whether or not a joint petition is flled, unless the spouses are separated and a joint petition is not filed.)
3. Payments to creditors
None
a. List all payments on loans, Installment purchases of goods or services, and other debts, aggregating more than $600 to any creditor, made within 90 days immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include payments by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a Joint petition is not filed.)
NAME AND ADDRESS OF CREDITOR DATES OF PAYMENTS AMOUNT PAID AMOUNT STILL OWING
CITY OF COLORADO SPRINGS SALES TAX DIVISION PO BOX 2408 COLORADO SPRINGS CO 80901 COLORADO SPRINGS UTILITIES POBOX 1103 COLORADO SPRINGS CO 80947 COpy IT 1905 NORTH ACADEMY BLVD. COLORADO SPRINGS CO
09/25/00
1,200.00
300.00
684.00
184.00
1,666.21
0.00
OF CREDITOR
DATES OF PAYMENTS
AMOUNT PAID
JET FORMS INC 100 COMMERCE STREET COLORADO SPRINGS CO 80907 OPTION ONE MORTGAGE 3 ADA IRVINE CA 92618 ROCK CITY REALITY NORTH WESTERN OPERATIONS 1378 AMHERST STREET CEDAREDGE CO 80027 SERVICE TYPOGRAPHERS 1120 NORTH CIRCLE DRIVE SUITE 8 COLORADO SPRINGS CO 80909 SPECLIALZED PRINTING SERVICES 12045 NORTH JUNIPER DRIVE COLORADO SPRINGS CO 80908 US WEST COMMUNICATIONS DENVER CO 80244-0001 XPEDX PO BOX 7950 COLORADO SPRINGS CO 80933
10/10/00
902.90
3,700.00
6,075.00
1,956.92
1,088.00
535.00
2,131.00
0.00
1,017.04
421.00
2,550.86
None }0
b. List all payments made within one year immediately preceding the commencement of this case to or for the benefit of creditors who are or were insiders. (Married debtors filing under chapter 12 or chapter 13 must include payments by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
It!
a. List all suits and administrative proceedings to which the debtor is or was a party within one year immediately preceding the filing of this bankruptcy case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
None Ii1
b. Describe all property that has been attached, garnished or seized under any legal or equitable process within one year immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning property of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
List all orooertv that has been reoossessed bv a creditor. sold at a foreclosure sale. transferred through a deed in lieu of foreclosure or returned to the seller, within one year immediately orecedina the commencement of this case. (Married debtors filina under chaoter 12 or chaoter 13 must include information concernina oronertv of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
None iii
b. List all property which has been in the hands of a custodian, receiver, or court-appointed official within one year immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concernlnq property of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
7. Gifts
None iii List all gifts or charitable contributions made within one year immediately preceding the commencement of this case except ordinary and usual gifts to family members aggregating less than $200 in value per individual family member and charitable contributions aggregating less than $100 per recipient (Married debtors filing under chapter 12 or chapter 13 must include gifts or contributions by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a jolnt petition Is not filed.)
8. Losses
lone 'iii List all losses from fire, theft, other casualty or gambling the commencement of this case or since the commencement under chapter 12 or chapter 13 must include losses by either joint petition is filed, unless the spouses are separated and a within one year immediately preceding of this case. (Married debtors filing or both spouses whether or not a joint petition is not filed.)
List all payments made or property transferred by or on behalf of the debtor to any persons, includina attorneys, for consultation concernina debt consolidation. relief under the bankruotcv law or preparation of a petition in bankruptcy within one year immediately preceding the commencement of this case.
NAME AND ADDRESS OF PAYEE DATE OF PAYMENT, NAME OF PAYOR IF OTHER THAN DEBTOR AMOUNT OF MONEY OR DESCRIPTION AND VALUE OF PROPERTY
11/00
Paid $500 for debt counseling prior to filing and $1500 flat fee to Mr. Duitch for this Chapter 13 proceeding.
0'
a. List all other property, other than property transferred in the ordinary course of the business or financial affairs of the debtor, transferred either absolutely or as security within one year immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include transfers by either or both spouses whether or not a joint petiton is filed, unless the spouses are separated and a joint petition is not filed.)
13. Setoffs
None 0' List all setoffs made by any creditor, including a bank, against a debt or deposit of the debtor within 90 days preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
If the debtor has moved within the two years immediately preceding the commencement of this case, list all premises which the debtor occupied during that period and vacated prior to the commencement of this case. If a joint petition is filed, report also any separate address of either spouse.
ADDRESS NAME USED DATES OF OCCUPANCY
104
S.
S.
It!
a. If the debtor is an individual, list the names and addresses of all businesses in which the debtor was an officer, director, partner, or managing executive of a corporation, partnership, sole proprietorship, or was a self-employed professional within two years immediately preceding the commencement of this case, or in which the debtor owned 5 percent or more of the voting or equity securities within the two years immediately preceding the commencement of this case. b. If the debtor is a partnership, list the names and addresses of all businesses in which the debtor was a partner or owned 5 percent 0 r more of the voting securities, within the two years immediately preceding the commencement of this case. c. If the debtor is a corporation, list the names and addresses of all business in which the debtor was a partner or owned 5 percent or more of the voting securities within two years immediately preceding the commencement of this case.
a. List all bookkeepers and accountants who within six years immediately preceding the filing of this bankruptcy case kept or supervised the keeping of books of account and records of the debtor.
NAME AND ADDRESS DATES SERVICES RENDERED
BIGGS, KAFFORD & CO. 630 SOUTH POINTE COURT SUITE 200 COLORADO SPRINGS CO 80906
01/01/00 • 05/31/00
"lone i It!
b. List all firms or individuals who within the two years immediately preceding the filing of this bankruptcy case have audited the books of account and records, or prepared a financial statement of the debtor.
None It!
c. List all firms or individuals who at the time of the commencement of this case were in possession of the books of account and records of the debtor. If any of the books of account and records are not available, explain.
None
d. List all financial institutions, creditors and other parties, including mercantile and trade agencies, to whom a financial statement was issued within the two years immediately preceding the commencement of this case by the debtor.
NAME AND ADDRESS DATE ISSUED
04/11/2000
18. Inventories
None
a. List the dates of the last two inventories taken of your property, the name of the person who supervised the taking of each inventory, and the dollar amount and basis of each inventory.
DATE OF INVENTORY INVENTORY SUPERVISOR DOLLAR AMOUNT OF INVENTORY (Specify cost, market or other basis)
09/15/2000 01/06/1999
18,335.00 102,000.00
None
b. List the name and address of the person having possession of the records of each of the two inventories reported in 18a., above.
DATE OF INVENTORY NAME AND ADDRESSES OF CUSTODIAN OF INVENTORY RECORDS
0911512000 0110611999
None It!
b. If the debtor is a corporation, list all officers and directors of the corporation, and each stockholder who directly or indirectly owns, controls, or holds 5 percent or more of the voting securities of the corporation.
.one It!
b. If the debtor is a corporation, list all officers, or directors whose relationship with the corporation terminated within one year immediately preceding the commencement of this case.
distributions
credited or given
to an insider, including compensation in any form, bonuses, loans, stock redemptions, options exercised and any other perquisite during one year immediately preceding the commencement of this case.
I declare under oenaltv of oeriurv that I have read the answers contained in the foreaoina statement of financial affairs and any attachments thereto and that they are true and correct. Date
q .... 2..8
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....
ARON KIRCHfiOFF
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In re
13
A - Real Property B - Personal Properly C - Property Claimed As Exempt D - Creditors Holding Secured Claims , E - Creditors Holding Unsecured Rriorlty. Claims Orsdltors Holding Unsecured ,INonpriorlty Claims G - Executory Contracts and' Unexpired Leases H - Codebtors I - Current lncorne of Individual Debtor(sj J - Current Expenditure's of IndiVidual Debtor(s)
YES YES YES YES YES YES YES YES YES YES
1 5 2 1
$
$
250.000.00 54.699.08
2
6 1 1 1 2
28.812.00 27.284.00
»
Total Assets
22
304,699.08
TotalUabllities
585.,384.54
In re:
Case No.
SECURED CLAIM
OR EXEMPTlQN
TED AT_
COLORADO SPRINGS, EL PASO COUNTY, CO
Fee Owner
$ 250,000.00
$ 232,500.00
Total
(Report
$ 250,000.00
also on Summ8fy of Schedules.)
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Schedule A - Page 1 of 1
In re
Case No.
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TYPE OF PROPERTY z 0 z
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CURRENT MARKET VALUE OF DEBTOR'S INTEREST IN PROPERTY, WITHOUT DEDUCTING ANY SECURED CLAIM OR EXEMPTION
1. Cash on hand 2. Checking, savings or other financial 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.
X X
3. Security deposits with public utilities, telephone companies, landlords, and others.
4. Household goods and furnishings, including audio, video, and computer equipment.
CIRCULAR
SAW
25.00
,
COFFEE TABLES (2) COUCHES (2) DESK DININGROOM DRESSERS DRILL DRYER END TABLE ENTERTAINMENT FILE CABINET FRAMED PRINTS FREEZER
I
J J J
20.00 140.00 40.00 200.00 40.00 25.00 75.00 10.00 70.00 40.00 80.00 30.00 60.00 50.00 50.00 20.00 25.00
SET
J J J J J
CENTER
(2)
J J , J J J J J J J
FULL BED HOME COMPUTER KITCHEN TABLE & CHAIRS KITCHEN UTENSILS LAWN MOWER
Schedule
B Page 1 of 5
In re
Case
No.
TYPE OF PROPERTY
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CURRENT MARKET VALUE OF DEBTOR'S INTEREST IN PROPERTY, WITHOUT DEDUCTING ANY SECURED CLAIM OR EXEMPTION 60.00
4. Household goods and fumishlngs, including audio, video, and computer equipment.
LOVESEA TS (2)
LAMPS TOOLS
J J J J J J J J J J J J
100.00 50.00 30.00 150.00 75.00 30.00 50.00 10.00 50.00 50.00 25.00 75.00
SMALL APPLIANCES
SNOWBLOWER
SOFA TABLE
TELEVISION TWIN BED VCR WASHER
5. Books, pictures and other art objects, antiques. stamp, coin, record, tape. compact disc, and other collections or collectibles.
6. Wearing
apparel.
CLOTHING
J
W W
and
BICYCLES (2)
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CAMERA
9. Interests in insurance policies. Name insurance company of each policy and itemize surrender or refund value of each.
50.00
Schedule B Page 2 of 5
In re
Case
No.
SCHEDULEB-PERSONALPROPERTY
(Continuation Sheet)
f-
I.
TYPE OF PROPERTY
w z 0 z
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60 zU
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CURRENT MARKET VALUE OF DEBTOR'S INTEREST IN PROPERTY, WITHOUT DEDUCTING ANY SECURED CLAIM OR EXEMPTION
11. Interests in IRA, ERISA, Keogh, or other pension or profit sharing plans. Itemize.
or joint ventures.
14. Government and corporate bonds and other negotiable and nonnegotiable instruments.
AMERICAN
NUMISMATIC ASSOCIATION
J J J J J J J J J J J J J J J J J
467.00 0.00 84.88 371.05 53.05 204.01 518.23 588.72 239.00 2,693.22 1,230.64 69.63 423.61 1,584.48 31.83 61.67 95.49
BENEFIT RESOURCES BLACK & WHITE AUTO CEDAR SPRINGS HOSPITAL CENTER FOR CREATIVE LEADERSHIP COLORADO COLORADO DISTRICT 20 FALCON SCHOOL DISTRICT 49 GET WAXED - DENVER LEEP MUHR LAW FIRM QUINLAN FINANCIAL GROUP REMINGTON ELEMENTARY SCHOOL SPORTS AND SPINE SPRINGS FINE ART CENTER
Schedule B Page 3 of 5
In re
Case No.
SCHEDULEB-PERSONALPROPERTY
(Continuation Sheet)
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TYPE OF PROPERTY ,
0
w z z
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uiz u.::>
CURRENT MARKET VALUE OF DEBTOR'S INTEREST IN PROPERTY, WITHOUT DEDUCTING ANY SECURED CLAIM OR EXEMPTION 953.84 42.44 148.87 113.90 2,769.71 79.58 134.23
SIERRA PROPERTIES STEVEN U MULLENS PC TEAM CHEVROLET UNIFIED OFFICE SYSTEMS US OLYMPIC COMMITTE WALDRON'S WALLPAPERS PHOTOGRAPHY TO GO
J J J J J J J
16. Alimony. maintenance, support, and property settlements to which the debtor is or may be entitled. Give particulars.
17. Olher liquidated debts owing debtor including tax refunds. Give particulars.
16. Equitable or future interests, life estates, and rights or powers exercisable for the benefit of the debtor other than those listed in Schedule of Real Property.
19. Contingent and non-continqent interests in estate of a decedent, death benefit plan, life insurance policy, or trust.
,.
20. Other contingent and unliquidated claims of every nature, including tax refunds, counterclaims of the debtor, and rights to setoff claims. Give estimated value of each.
20,000.00
X X
-
Schedule B Page 4 of 5
In re
MELINDA
SHARON KIRCHHOFF
Case No,
TYPE OF PROPERTY
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CURRENT MARKET VAL UE OF DEBTOR'S INTEREST IN PROPERTY, WITHOUT DEDUCTING ANY SECURED CLAIM OR EXEMPTION
and
Office and Printing Equipment as set forth in the 3 page appraisal attached hereto.
X
18,335.00
and
28, Inventory. 29, Animals. 30, Crops - growing or harvested. particulars, Give
X X X
X X X
and feed.
33. Other personal property of any kind not already listed. Itemize.
continuation
sheets attached
Total
$ 54,699.08
(Include amounts from any continuation sheets attached. Report total also on Summary of Schedules.)
Schedule B Page 5 of 5
AUCTIONEERS
Colorado Springs • Pueblo • Canon City
719-635-7331
719-269-8064
NO:
FRONT ENTRY:
ITEM DESCRIPTION:
Sharp SF-7320 Copier w/Stand & Coin-Op Ricoh Aticio Color 5106 Color Copier Framed Poster by Ansel Adams (Yosemite & The Range of Light) Framed Print by Ansel Adams (Ansel Adams Center)
UNIT $:
-VALUE:
$ 200.00 1600.00 25.00 25.00
'-
OFFICE:
Curved Front Executive Computer Desk Computer Hutch w/2-Drawer Lateral File Framed Ansel Adams Poster (Ansel Adams - The Print) Executive Chair Computer System to Include: Packard Bell Accel 40 CD, CD/3 V2, Sound Card, SVGA Monitor Computer System to Include: H.P. Kayak XA w/Ergo 1600 Monitor, CD/3 1/2, Tower Sony Microcassette Recorder H.P. Office Jet Model 590 (Printer, Fax, Copier, Scanner) Citizen GSR 140 Dot Matrix Printer Citizen 1800 Printer Omega Phone System & Telephones Bronze Race Horse Desk Lamp by J.T. Burnell 1994 Letter Feed H.P. Kayak SV Computer SU6-300 H.P. F1098B Docking System 2 Fighting Elk (Fountain Creek Production) 1
250.00 125.00 25.00 85.00 200.00 650.00 15.00 150.00 25.00 25.00 300.00 85.00 10.00 400.00 100.00 50.00
BATHROOM: Framed Poster by Georgia O'Keeffe (Light Iris 1924) Riccar N2000 Vacuum PRODUCTION ROOM: Executive Armed Swivel Chair Locking 5-Drawer Letter Files Samsung Compact Microwave 4-Drawer Filing Cabinets Computer Desk wlHutch - "C" Unit H.P. 5mp Laser Printer Computer System to Include: Macintosh 110 Computer, Monitor, CD Attachment, Zip Drive Gateway Tower w/CD, 3 Y2, Zip Drive Gateway VX700 Monitor Macintosh 64 Power Mac w/Monitor, Zip Drive Umax Astra 4000U Scanner Sharp 26306 Calculator Steno Chair Corner Computer Table Steno Chair Sharp UX-140 Fax Verifone Tranz 460 Panasonic Combo VCRl9" TV/Radio Sharp UX-101 Fax 5' Light Table w/Panel Ruler Metal Stool
35.00 85.00
2 7
@$ 50.00 @$ 40.00
5.00 100.00 25.00 280.00 250.00 85.00 250.00 150.00 75.00 850.00 100.00 20.00 20.00 65.00 75.00 50.00 175.00 75.00 40.00 450.00 5.00
PRINT ROOM:
Ohaus Gram Scale Folding Step Ladder 5-Shelf Plastic Storage Shelf Aero Print Time Clock Metal Shelves Storage Gondolas on Casters 26" Challenge Model 24190 Electric Sheer Paper Carton Rollers Metal Framed Production Cart on Casters Metro Cart on Casters Electro Jog Adjustable Pad Vise on Casters Baum Folder Model 714 (6 Folds) Bostitch Wire Stitcher (Old) Bostitch Wire Stitcher Rapid 106 Stapler Mop Bucket w/Mop Pallet Jack Stainless Steel Topped Work Bench Printer Stand (Particle Board) Plastic Sealer Metal Utility Cabinet 8'Werner Aluminum Step Ladder Challenge Paper Drill Corner Sheer Ibico PunchlBinder Kombo PunchlBinder Metal Stool Nygren Perforator/Scorer S-75-20-191 Dahly Co. 2 35.00 15.00 20.00 75.00 75.00 180.00 650.00 25.00 25.00 75.00 90.00 35.00 450.00 75.00 125.00 75.00 35.00 150.00 35.00 10.00 30.00 45.00 40.00 350.00 85.00 35.00 50.00 5.00 350.00
5 4 5
@$ 15.00 @$ 45.00 @$
5.00
@$ 30.00
Kluge Letter Press (Scores, Perforates, Die Cuts) 3M 1116 Developer Amergraph Vacuum Frame Magnum 283 SE Platemaker 5' Light Table 4-Drawer Map Files Sony Boom Box Punch Metal Ink Storage Rack on Casters A B Dick Mod. 360 Offset Press wfT-51 Head Therm-O-Type Model 500 (Raised Letter) Attachment A B Dick Mod. 9800 Offset Press wfT-51 Head A B Dick Model 375 Offset Press wfT-Head Nu-Arc Plate Burner SNB Stamper Miscellaneous Printers Ink (400) DARKROOM: Destroy It Shredder Kodamatic 42A Processor Paper Cutter WorkBench Dark Room Lights 2-Drawer Letter File Nu-Arc 1418 SCZ Camera Portable Paper Cart OUX 191 l11X Light Integrators Dark Room Timers 3-Drawer Filing Cabinet Carlson Integrator Nu-Arc VFC22 Vacuum Frame Miscellaneous Screens
@$ 65.00
850.00 500.00 850.00 250.00 130.00 30.00 15.00 40.00 600.00 350.00 600.00 500.00 550.00 30.00 50.00
@$ 35.00
2 2
@$ 50.00 @$ 30.00
250.00 550.00 30.00 10.00 175.00 15.00 500.00 25.00 100.00 60.00 30.00 40.00 250.00 100.00
$ 18,335.00
Should you have any questions concerning the above inventory or values assigned please contact us at your convenience. Should we be required to appear and/or testify in Court our fee is $250.00Ihr.lAppearance. Sincerely,
e;:: __ ?-J!J~ !
Raym~
L. H It Auctioneer 704 Arrawanna treet Colorado Springs, CO 80909
H~A.SSOCpT'.
-:
I
In re
Case No.
Debtor elects the exemption to which debtor is entitled under: (Check one box) 011 U.S.C. § 522(b)(1) Exemptions provided in 11 U.S.C. § 522(d). Note: These exemptions are available only in certain states.
Exemptions available under applicable nonbankruptcy federal laws, state or local law where the debtor's domicile has been located for the 180 days immediately preceding the filing of the petition, or for a longer portion of the 180-day period than in any other place, and the debtor's interest as a tenant by the entirety or joint tenant to the extent the interest is exempt from process under applicable nonbankruptcy law. CURRENT MARKET VALUE OF PROPERTY, WITHOUT DEDUCTING EXEMPTlONS 0.00 25.00 20.00 140.00 40.00 200.00 40.00 25.00 75.00 10.00 70.00 40.00 80.00 30.00 60.00 50.00 50.00 20.00 25.00 60.00 300.00 100.00 50.00 30.00 20000.00 25.00 20.00 140.00 40.00 200.00 40.00 25.00 75.00 10.00 70.00 40.00 80.00 30.00 60.00 50.00 50.00 20.00 25.00 60.00 300.00 100.00 50.00 30.00
DESCRIPTION OF PROPERTY
SPECIFIC LAW PROVIDING EACH EXEMPTlON CRS 13-54-102(1 )0)(1) CRS 13-54-102(1)(e) CRS 13-54-102(1 )(e) CRS 13-54-102(1 lee) CRS 13-54-102(1 )(e) CRS 13-54-102(1)(e) CRS 13-54-102(1)(e) CRS 13-54-102(1)(e) CRS 13-54-102(1)(e) CRS 13-54-102(1 )(e)
COFFEE TABLES (2) COUCHES (2) jESK DINING ROOM SET DRESSERS DRILL DRYER END TABLE ENTERTAINMENT FILE CABINET FRAMED PRINTS FREEZER FULL BED HOME COMPUTER KITCHEN TABLE & CHAIRS KITCHEN UTENSILS LAWN MOWER LOVES EATS (2) MISCELLANEOUS MISCELLANEOUS MISCELLANEOUS NIGHT STANDS (2) Schedule C - Page 1 of 2 CLOTHING LAMPS TOOLS CENTER (2)
CRS 13-54-102(1 )(e) CRS 13-54-102(1)(e) CRS 13-54-102(1 )(e) CRS 13-54-102(1 )(e) CRS 13-54-102(1 )(e) CRS 13-54-102(1)(e) CRS 13-54-102(1)(e) CRS 13-54-102(1)(e) CRS 13-54-102(1)(e) CRS 13-54-102(1 )(e) CRS 13-54-102(1)(a) CRS 13-54-102(1 )(e) CRS 13-54-102(1)(e) CRS 13-54-102(1)(e)
In re
Case No.
DESCRIPTION OF PROPERTY
SMALL APPLIANCES SNOWBLOWER SOFA TABLE TELEVISION TWIN BED VCR WASHER WEDDING RING
CRS 13-54-102(1)(b)
Schedule C - Page 2 of 2
In re:
NO.
f-
MELINDA SHARON
KIRCHHOFF
Case No.
Check this box if debtor has no creditors holding secured claims to report on this Schedule
z
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uIZ
a
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0
mo
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DATE CLAIM WAS INCURRED, NATURE OF LIEN, AND DESCRIPTION AND MARKET VALUE OF PROPERTY SUBJECT TO LIEN
z w
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0
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ACCOUNT
UNKNOWN
08/14/99
Security Agreement 1998 MAZDA B3OO0 PICKUP VALUE $20,000.00
20,872.00
872.00
ACCOUNT
NO.
08/01/1999
Mortgage RESIDENCE LOCATED COLORADO COUNTY, CO
37.000.00
0.00
JACK/LORRAINE
A'_
'LJNT NO.
UNKNO
08/01/1999
Mortgage RESIDENCE LOCATED AT_' COLORADO COUNTY, CO
194.777.21
0.00
ACCOUNT
NO.
PLP275-000-4004
J 02/05/99
Security Agreement ALL EQUIPMENT, RECEIVABLES AND INVENTORY VALUE $31,5Z7.50
247.797.74
216.270.24
VECTRABANK cIa Zions National Bank AU: Kevin H. Shurtleff P.O. Box 30709 Salt Lake City, UT 84130-0709 BLOCK, MARKUS & WILLIAMS 1700 LINCOLN SUITE 3550 DENVER CO 80203
Subtotal
$500,446.95 $500,446.95
(Report lolal also on Summary of Schedules)
Schedule
D Page 1
Tolal
In re:
Case No.
o o
o
Check this box if debtor has no creditors holding unsecured claims to report on this Schedule E.
ro Deposits by individuals
__)Claims of individuals up to $1,950· for deposits for the purchase, lease, or rental of property or services for personal, family, orhousehold use, that were not delivered or provided. 11 U.S.C. § 507(a)(6).
In re:
Case No.
Type of Priority:
Units
0 I-
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00
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ACCOUNT
NO.
UNKNOWN OF REVENUE
1,356.00
1,356.00
COLORADO DEPARTMENT SALES TAX DIVISION 1375 SHERMAN STREET DENVER CO 80201-0001
SALES TAX
ACCOUNT
NO.
84-1488349
J
2000 UNEMPLOYMENT TAX
26.00
26.00
COLORADO DEPT OF LABOR AND UNEMPLOYMENT UNEMPLOYMENT INS TAX ADMIN POBOX 956 DENVER CO 80201-0956
ACCOUNT NO.
84-1488349
06/15/2000
941 WITHHOLDING TAX
7,941.00
7,941.00
}ERNAL REVENUE SERVICE ",S-C:SPS:I M.S. 5028-DEN 1244 SPEER BOULEVARD SUITE 500 DENVER CO 80204
ACCOUNT NO.
84-1488349
04/30/2000
WITHHOLDING TAX
2,164.00
2,164.QO
»
»
$11,487.00 $11,487.00
Total
In re:
02/01/1999
Case No.
F.
I
,
ACCOUNT NO.
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t!!~
60
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DATE CLAIM WAS INCURRED, AND CONSIDERATION FOR CLAIM. IF CLAIM IS SUBJECT TO SETOFF, SO STATE
z
w
Z
f-
0 w 0
~ z
0
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0
AMOUNT OF CLAIM
:J z
=>
UNKNOWN
3,282.84
PRINTING VENDOR
ACCOUNT NO.
UNKNOWN
445.67
~CCOUNTNO.
UNKNOWN
1,589.00
ACCOUNT NO.
UNKNOWN
287.50
FLYNN McKENNA WRIGHT & KARSH INC 111 SOUTH TEJON STREET COLORADO SPRINGS CO 80903
ACCOUNT NO.
UNKNOWN
243.54
Schedule
F Page 1
$5,848.55
In re:
MELINDA
SHARON KIRCHHOFF
Case No.
~ u.=> s:::E w 0 o~ 0
In
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DATE CLAIM WAS INCURRED, AND CONSIDERATION FOR CLAIM. IF CLAIM IS SUBJECT TO SETOFF, SO STATE
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0
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n,
AMOUNT OF CLAIM
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:c
UNKNOWN
02/01/1999 PRINTING
5166/71
ACCOUNT NO.
UNKNOWN
811.00
KINKO'S INC 1000 TOWN CENTER DRIVE SUITE 300 OXNARD CA 93030
ACCOUNT NO.
UNKNOWN INC
UNKNOWN
ACCOUNT NO.
UNKNOWN
972.50
ACCOUNT NO.
UNKNOWN
1,589.29
Schedule F Page 2
$3,372.79
In re:
MELINDA SHARON
KIRCHHOFF
Case No.
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Q/:
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I-
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i=
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z o
5
0
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'"
AMOUNT OF CLAIM
.':;OUNTNO.
UNKNOWN
03/01/1995
CREDIT CARD PURCHASES
3,072.69
ACCOUNT NO.
UNKNOWN
1,347.00
ACCOUNT NO.
UNKNOWN
02/01/1999
ADVERTISING
816.00
ACCOUNT NO.
UNKNOWN
02/01/1999
SERVICE VENDOR
575.00
SERVICE TYPOGRAPHERS 1120 NORTH CIRCLE DRIVE SUITE 8 COLORADO SPRINGS CO 80909
ACCOUNT NO.
UNKNOWN
02/01/1999
INK SUPPLIES
1,529.11
STAR PRINTERS PARTS INC 6295 WEST 55TH AVENUE ARVADA CO 80002
Schedule F Page 3
$7,339.80
In re:
Case No.
In
0 0
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615
«cr:
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DATE CLAIM WAS lNCU RRED, AND CONSIDERATION FOR CLAIM. IF CLAIM IS SUBJECT TO SETOFF, SO STATE
~ Z
0
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AMOUNT OF CLAIM
,
··JvUNTNO.
UNKNOWN
02/01/1999
PRINTING VENDOR
255.82
ACCOUNT NO.
UNKNOWN
02/0112000
LEGAL SERVICES RENDERED
200.00
THOMAS BERG ESQ 90 SOUTH CASCADE AVENUE SUITE 310 COLORADO SPRINGS CO 80903
ACCOUNT NO.
UNKNOWN
03/01/2000
STUDENT LOAN
8,282.00
US ATTORNEY GENERAL - STUDEN LOAN PO BOX 683 BEN FRANKLIN STATION WASHINGTON DC 20044 OFFICE OF EDUCATION STUD EN LOAN PROGRAM 50 UNITED NATIONS PLAZA ROOM 220 SAN FRANCISCO CA 94102 COLORADO STATE ATTORNEY 1525 SHERMAN STREET 5TH FLOOR DENVER CO 80203 GENERAL
COLORADO STUDEN LOAN PROGRAM ATTN PABLO SALAS 999 18TH STREET SUITE 425 DENVER CO 80202
Subtotal (Total of this paqe)
Schedule F Page 4
$8,737.82
In re:
NO.
Case No.
0 frn 0 0 0
<r w
t1~
~~ -~
00
Q~
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-,OUNTNO.
ffio J
<0::
DATE CLAIM WAS INCURRED, AND CONSIDERATION FOR CLAIM. IF CLAIM IS SUBJECT TO SETOFF, SO STATE
z w (') z i= z
0 0
f-
t:(
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0
AMOUNT OF CLAIM
:J z
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UNKNOWN
4,743.42
ACCOUNT
UNKNOWN
408.00
ACCOUNT
NO.
UNKNOWN
8,141.36
J
03/01/2000 FOOD SERVICE 4,000.00
ACCOUNT
NO.
UNKNOWN
ACCOUNT
NO.
UNKNOWN
4,811.00
Schedule F Page 5
$22,103.78
In re:
Case No.
0:
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0 0
In w
w-z
«0:
zu
510
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60
$:=< =<
DATE CLAIM WAS INCURRED, AND CONSIDERATION FOR CLAIM. IF CLAIM IS SUBJECT TO SETOFF, SO STATE
Z LU
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::;
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0
LU
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1= z 0 u
5
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en is
AMOUNT OF CLAIM
:c
~O!JNTNO.
UNKNOWN
201.46
ACCOUNT NO.
UNKNOWN
06/01/1998
CREDIT CARD PURCHASES
1,500.00
ACCOUNT NO.
UNKNOWN
23,046.39
ACCOUNT NO.
UNKNOWN
1,300.00
$26,047.85
Schedule F Page 6
Total
»
(Report
$73,450.59
lolal also on Summary of Schedules)
Case No.
NAME AND MAILING ADDRESS, INCLUDING ZIP CODE, OF OTHER PARTIES TO LEASE OR CONTRACT
f
Inc.
Schedule G - Page 1 of 1
Case No.
Schedule H - Page 1 of 1
In re
Case No.
DEPENDENT'S
I
DEBTOR SPOUSE PRINT SHOP OWNER
PRINT SHOP OWNER 2 years THE PRINT SHOP 4725 TOWN CENTER DRIVE UNITE COLORADO SPRINGS CO 80918
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $
RELATIONSHIP
2 ears
THE PRINT SHOP 4725 TOWN CENTER UNIT E COLORADO SPRINGS CO 80918 DEBTOR SPOUSE 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Income: (Estimate of average monthly income) Current monthly gross wages, salary, and commissions (pro rate if not paid monthly.) Estimated monthly overtime SUBTOTAL LESS PAYROLL DEDUCTIONS a. Payroll taxes and social security b. Insurance c. Union dues d. Other (Specify) SUBTOTAL OF PAYROLL DEDUCTIONS
$ $ $ $ $ $ $ $ $ $ $ $
a 00
0.00 0.00 28,812.00 0.00 0.00 0.00 0.00 0,00
000 0.00
0.00 0.00 0.00 0.00 0.00 0.00 Q,OO
TOTAL NET MONTHLY TAKE HOME PAY Regular income from operation of business or profession or farm (attach detailed statement) Income from real property Interest and dividends Alimony, maintenance or support payments payable to the debtor for the debtor's use or that of dependents listed above. Social security or other government assistance (Specify) Pension or retirement income Other monthly income (Specify) TOTAL MONTHLY INCOME TOTAL COMBINED MONTHLY INCOME $ ~2~8,!.=8..:.12=.:.:.=.0.:;.O
$ $ $ $ $
0,00 28,812.00
$
$
0.00 0.00
Describe any increase or decrease of more than 10% in any of the above categories anticipated to occur within the year following the filing of this document:
Debtors are self-emplyed as the Owners of the Print Shop and current income and expenses are based upon monthly averages since relocating the business to its current location. Debtors are lessees of a motor vehicle which lease terms in 14 mos.
Other
MELINDA
SHARON KIRCHHOFF
Case No.
Check this box if a joint petition is filed and debtor's spouse maintains a separate household. schedule of expenditures labeled "Spouse".
Rent or home mortgage payment (include lot rented for mobile home) Are real estate taxes included? -ls property insurance included? .Utilities Electricity and heating fuel Water and sewer Telephone CABLE TRASH REMOVAL Home Maintenance (Repairs and upkeep) Food Clothing Laundry and dry cleaning Medical and dental expenses Transportation (not including car payments) Recreation, clubs and entertainment, newspapers, magazines, etc. Charitable contributions Insurance (not deducted from wages or included in home mortgage payments) Homeowner's or renter's Life Health Auto Other Taxes (not deducted from wages or included in home mortgage payments) (Spedfy) Installment payments (In chapter 12 and 13 cases, do not list payments to be included in the plan) Auto Other STUDENT LOAN- UNIPAC Alimony, maintenance or support paid to others Payments for support of additional dependents not living at your home Regular expenses from operation of business, profession, or farm (attach detailed statement) Other TUITION. BOOKS. ETC. - PRIVATE SCHOOL (Report also on Summary of Schedules) ___ Yes Yes ./ No No
2,020.00
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$
175.00 100.00 50.00 30.01 20.01 50.00 400.00 50.00 20.00 20.00 0.00 50.00 100.00 50.00 0.00 0.00 0.00 0.00 0.00 783.00 96.01 0.00 0.00 22,964.00 306.00 27,284.00
$
$
(FOR CHAPTER 12AND 13 DEBTORS ONLY) Provide the information requested below, including whether plan payments are to be made bi-weekly, monthly, annually, or at some other regular interval. A. Total projected monthly income B. Total projected monthly expenses C. Excess income (A minus B) D. Total amount to be paid into plan each Monthly (interval)
$ $ $ $
COURT
Case No. Chapter
KIRCHHOFF
13
$_---$ 28,812,00
19. Employee Benefits (e.g., pension, medical, etc.) 20. Payments to Be Made Directly By Debtor to Secured Creditors For Pre-Petition Business Debts (Specify): None 21. Other (Specify): None 22, Total Monthly Expenses (Add items 3 - 21) PART 0 - ESTIMATED AVERAGE NET MONTHLY INCOME: 23. AVERAGE NET MONTHLY INCOME (Subtract Item 22 from Item 2)
4,900.00 2,050.00 100.00 200,00 650.00 10,319.00 0.00 1,090.00 300,00 500.00 875.00 217.00 500,00 0.00 200.00 803.00 260.00
221964.00
5,848.00
In re:
Case No.
Date:
Signature
~.J..
.~
~
MELINDA SHARON KIRCHHOFF [If joint case, both spouses must sign]
United States Bankruptcy Court District of Colorado NOTICE TO INDIVIDUAL CONSUMER DEBTOR
The purpose of this notice is to acquaint you with the four chapters of the Federal Bankruptcy Code under which you may file a bankruptcy court. petition. The bankruptcy law is complicated and not easily described. Therefore, you should seek the advice of an attorney to learn of your rights and responsibilities under the law should you decide to file a petition with the
Chapter 7: Liquidation ($130.00 filing fee plus $30.00 administrative fee plus $15.00 trustee surcharge)
1. Chapter 7 is designed for debtors in financial difficulty who do not have the ability to pay their exlsfinq debts.
!
Under chapter 7 a trustee takes possession of all your property. You may claim certain of your property as exempt under governing law. The trustee then liquidates the property and uses the proceeds to pay your creditors according to priorities of the Bankruptcy Code.
3. The purpose of filing a chapter 7 case is to obtain a discharge of your existing debts. If, however, you are found to have committed the certain kinds of improper conduct described in the Bankruptcy Code, your discharge may be denied by the court, and the purpose for which you filed bankruptcy petition will be defeated. 4. Even if you receive a discharge, there are some debts that are not discharged under the law. Therefore, you may still be responsible for such debts as certain taxes and student loans, alimony and support payments, criminal restitution, and debts for death or personal injury caused by driving while intoxicated from alcohol or drugs. 5. Under certain circumstances you may keep property that you have purchased subject to a valid security interest. Your attorney can explain the options that are available to you.
Chapter 13: Repayment of All or Part of the Debts of an Individual with Regular Income ($130.00 filing fee plus $30.00 administrative fee)
1. Chapter 13 is designed for individuals with regular income who are temporarily unable to pay their debts but would like to pay them in installments over a period of time. You are only eligible for chapter 13 if your debts do not exceed certain dollar amounts set forth in the Bankruptcy Code.
! Under
chapter 13 you must file a plan with the court to repay your creditors all or part of the money that you owe them, using yourfuture earnings. Usually, the period allowed by the court to repay your debts is three years, but no more than five years. Your plan must be approved by the court before it can take effect.
3. Under chapter 13, unlike chapter 7, you may keep all you r property, both exempt and non-exempt, as long as you continue to make payments under the plan. 4. After completion of payments under your plan, your debts are discharged except alimony and support payments, student loans, certain debts induding criminal fines and restitution and debts for death or personal Injury caused by driving while intoxicated from alcohol or drugs, and long term secured obligations.
\ \ - "l. f'2
Dale
- () D
d!A A 1a._""c&
Jh.
h.o:tb
Case Number
II-u-66
Date
In re:
Dated:
COURT
, j ~ :: ~'
KURT ALAN
The above named debtor(s), or debtor's attorney if applicable, do hereby certify under penalty of perjury that the attached Master Mailing List of creditors, consisting of 6 sheet(s) is complete, correct and consistent with the debtor's schedules pursuant to Local Bankruptcy Rules and IIwe assume all responsibility for errors and omissions.
1\ - z..e -
ot>
Signed:
ciL4/Jjo.~c&\v1s1o
KURT ALAN KIRCHHOFF
rmdtiV.rmdlaw.net
ROBERT M. DUITCH, P.C. 811 SOUTH TEJON STREET COLORADO SPRINGS. CO 80903 Phone: Fax: (719) 632-3450 (719) 632-0006
l .\ rlLEO BRADFORD L. M\,:i,OH,: IN THE UNITED STATES BANKRUPTCY 0&~T FOR THE DISTRICT OF COLORADO '4?
In Re; )
)
.~
n\ fER
) OF CONVERSION the Debtors, TO CASE UNDER by counsel, CHAPTER and 7 state the
1. The Debtors filed a Petition under the Bankruptcy Code on November 28, 2000.
Chapter
13 of
2. Debtors are eligible to be Debtors under Chapter 7 of the Code and desire to convert this case under that chapter. WHEREFORE, Debtors the Bankruptcy Code. DATED at February 2001. Colorado pray for relief under Chapter 8th 7 of
Springs,
Colorado
this
day
of
Respectfully
submitted,
ROBERT M. DUIT~
Robert M. Duitc~#9313 811 South Tejon Street Colorado Springs, CO 80903 Telephone: 719-632-3450 Telefax: 719-632-0006 E-Mail: rmd@rmdlaw.net
ATTORNEYS
Dfltl:>
FPAl~SI3~_
.....
..
r;!~C<Ji'(ff; ~-~
_
Id-- . _cL
5
I
00
j'f}...n·''t.:·J,.lt ....
APPROVED:
KURT A. KIRCHHOFF
In re:
and Melinda
ORDER ACCEPTING
TRUSTEE'S
CASE
It appearing to. the Court that the Trustee Lynn Martinez has filed a report certifying that the estate in the above+capt Loned case bas been fully administered and that no ob j eoc i.ona to the report have been filed within 30 days thereafter, it is ORDERED: 1. that pursuant to Rule 5009, Fed.R.Bank.P, there is a presumption that the estate has been fully administered; that the trustee be and hereby is discharged; and
2. 3.
that all nonexempt property listed by the Debtor not administered by the trustee is hereby deemed abandoned pursuant to 11 U.S.C. 554(c); and the case shall and it hereby U.S.C. 350 (a). is closed pursuant
4.
to 11
IT IS FURTHER ORDERED that pursuant to L.B.R. 202(f), all pending uncontested motions requiring notice and a hearing for which no certificate has been tendered in accordance with L.B.R. 202(d) or (e) are deemed abandoned for want of prosecution and denied without prejudice. IT IS FURTHER ORDERED that pursuant to L.B.R. 401(a) (4), all pending uncontested motions seeking relief from the automatic stay for which no certificate seeking entry of an order has been tendered are hereby deemed moot. Dated: 06/05/01 Bradford L. Bolton Clerk, U. S. Bankruptcy
Court
Melinda Sharon Kirchhoff aka(s), if any: WWJD, Inc. The Print Shop
) ) ) ) ) Chapter: 7 ) ) ) ) Debtor
)
) ) ) )
)
DISCHARGE OF DEBTOR
It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The debtor is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code).
Dated: 05/24101
BY THE COURT