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Official Form 1 (04/10)
Voluntary PetitionUnited States Bankruptcy CourtDISTRICT OF NEVADA
Name of Debtor (if individual, enter Last, First, Middle):
All Other Names used by the Debtor in the last 8 years(include married, maiden, and trade names):aka ANDRE ROCHAT
Last four digits of Soc. Sec. or Indvidual-Taxpayer I.D. (ITIN) No./Complete EIN(if more than one, state all): 9697Street Address of Debtor (No. & Street, City, and State):1808 SOUTH 15TH STREETLas Vegas, NV
County of Residence or of thePrincipal Place of Business: CLARKMailing Address of Debtor (if different from street address):
Location of Principal Assets of Business Debtor(if different from street address above):
Name of Joint Debtor (Spouse)(Last, First, Middle):
All Other Names used by the Joint Debtor in the last 8 years
Last four digits of Soc. Sec. or Indvidual-Taxpayer I.D. (ITIN) No./Complete EIN
Street Address of Joint Debtor
Mailing Address of Joint Debtor
(include married, maiden, and trade names):
(if more than one, state all):
(No. & Street, City, and State):
County of Residence or of thePrincipal Place of Business:
(if different from street address):
5145 ROGERS ST., #CLas Vegas, NV
SAME
ROCHAT, MARIUS ANDRE
ZIPCODE
ZIPCODE
89104
89118
ZIPCODE
ZIPCODE
ZIPCODE
Railroad
Stockbroker
Commodity BrokerOther (if debtor is not one of the above
Partnership Chapter 13Chapter 12 Chapter 15 Petition for Recognition
Chapter 9Chapter 11
Chapter 7
Chapter of Bankruptcy Code Under Which the Petition is Filed (Check one box)
Nature of Debts
Filing Fee (Check one box)
(Check one box)
Full Filing Fee attachedFiling Fee to be paid in installments (applicable to individuals only). Mustattach signed application for the court’s consideration certifying that the debtoris unable to pay fee except in installments. Rule 1006(b). See Official Form 3A.
Chapter 11 Debtors:Check one box:
Debtor is not a small business debtor as defined in 11 U.S.C. § 101(51D).Debtor is a small business as defined in 11 U.S.C. § 101(51D).
Debtor’s aggregate noncontingent liquidated debts (excluding debtsowed to insiders or affiliates) are less than $2,343,300 (amountsubject to adjustment on 4/01/13 and every three years thereafter).
Clearing Bankentities, check this box and state type ofentity below
of a Foreign Nonmain Proceeding
Filing Fee waiver requested (applicable to chapter 7 individuals only). Mustattach signed application for the court's consideration. See Offi cial Form 3B.
Nature of Business(Check
Health Care Business
Single Asset Real Estate as definedin 11 U.S.C. § 101 (51B)
(Form of organization)
Corporation (includes LLC and LLP)
Individual (includes Joint Debtors)
Type of Debtor
(CheckChapter 15 Petition for Recognitionof a Foreign Main Proceeding
Check if:
one box.) one box.)
Check all applicable boxes:A plan is being filed with this petitionAcceptances of the plan were solicited prepetition from one or moreclasses of creditors, in accordance with 11 U.S.C. § 1126(b).
Debts are primarily consumer debts, definedin 11 U.S.C. § 101(8) as "incurred by anindividual primarily for a personal, family,
Debts are primarilybusiness debts.
or household purpose"
See Exhibit D on page 2 of this form.
Other
Tax-Exempt Entity(Check box, if applicable.)
Debtor is a tax-exempt organization
under Title 26 of the United States
Code (the Internal Revenue Code).
Restaurant
-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- --
THIS SPACE IS FOR COURT USE ONLYStatistical/Administrative InformationDebtor 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 fordistribution to unsecured creditors.
Estimated Number of Creditors
Estimated Assets
Estimated Liabilities
100,000100-199
5,000200-999
100,00010,000 50,00025,0001-49 50-99 1,000- 5,001- 10,001- 25,001- 50,001- Over
$1,000,001to $10million
$500,001to $1million
$0 to$50,000
$50,001 to$100,000
$100,001 to$500,000
$10,000,001to $50million
$50,000,001to $100million
$100,000,001to $500million
$500,000,001to $1 billion
More than$1 billion
$0 to$50,000
$50,001 to$100,000
$100,001 to$500,000
$500,001to $1million
$1,000,001to $10million
$10,000,001to $50million
$50,000,001to $100million
$100,000,001to $500million
$500,000,001to $1 billion
More than$1 billion
Case 11-20808-bam Doc 1 Entered 07/08/11 10:10:04 Page 1 of 52
Official Form 1 (04/10) FORM B1, Page 2
Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 180 days immediatelypreceding 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.
Information Regarding the Debtor - Venue(Check any applicable box)
Name of Debtor:
District:
Case Number:
Relationship:
Date Filed:
Judge:A&A, INC.
NEVADA PRESIDENT BRUCE A. MARKELL
01/25/201111-11017
Location Where Filed: Case Number: Date Filed:NONE
Voluntary Petition(This page must be completed and filed in every case)
Name of Debtor(s):
MARIUS ANDRE ROCHAT
or safety?
Yes, and exhibit C is attached and made a part of this petition.No
X
Exhibit A(To be completed if debtor is required to file periodic reports(e.g., forms 10K and 10Q) with the Securities and ExchangeCommission pursuant to Section 13 or 15(d) of the SecuritiesExchange 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 individual whose debts are primarily consumer debts)
I, the attorney for the petitioner named in the foregoing petition, declare that I
07/07/2011Signature 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
All Prior Bankruptcy Cases Filed Within Last 8 Years (If more than two, attach additional sheet)
Pending Bankruptcy Case Filed by any Spouse, Partner or Affiliate of this Debtor (If more than one, attach additional sheet)
required by 11 U.S.C. §342(b).
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 noprincipal place of business or assets in the United States but is a defendant in an action proceeding [in a federal or state court] in this District, orthe interests of the parties will be served in regard to the relief sought in this District.
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.)
Exhibit D completed and signed by the debtor is attached and made part of this petition.
Exhibit D also completed and signed by the joint debtor is attached and made a part of this petition.If this is a joint petition:
Location Where Filed: Case Number: Date Filed:
have informed the petitioner that [he or she] may proceed under chapter 7, 11, 12or 13 of title 11, United States Code, and have explained the relief available undereach such chapter. I further certify that I have delivered to the debtor the notice
Certification by a Debtor Who Resides as a Tenant of Residential Property(Check all applicable boxes.)
(Name of landlord that obtained judgment)
(Address of landlord)
Landlord has a judgment against the debtor for possession of debtor's residence. (If box checked, complete the following.)
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-dayperiod after the filing of the petition.
Debtor certifies that he/she has served the Landlord with this certification. (11 U.S.C. § 362(l)).
Case 11-20808-bam Doc 1 Entered 07/08/11 10:10:04 Page 2 of 52
Official Form 1 (04/10) FORM B1, Page 3
MARIUS ANDRE ROCHAT
Signature(s) of Debtor(s) (Individual/Joint)
Code, specified in this petition.I request relief in accordance with the chapter of title 11, United States
proceed under chapter 7.understand the relief available under each such chapter, and choose tounder chapter 7, 11, 12, or 13 of title 11, United States Code,and has chosen to file under chapter 7] I am aware that I may proceed[If petitioner is an individual whose debts are primarily consumer debtspetition is true and correct.I declare under penalty of perjury that the information provided in this
X
X
Date
Signature of Debtor
Signature of Joint Debtor
Telephone Number (if not represented by attorney)
07/07/2011
/s/ MARIUS ANDRE ROCHAT
Signatures
[If no attorney represents me and no bankruptcy petition preparer
11 U.S.C. §342(b)signs the petition] I have obtained and read the notice required by
X
(Date)
(Signature of Foreign Representative)
(Printed name of Foreign Representative)
I declare under penalty of perjury that the information provided in thispetition is true and correct, that I am the foreign representative of a debtorin a foreign proceeding, and that I am authorized to file this petition.
Signature of a Foreign Representative
Voluntary Petition(This page must be completed and filed in every case)
Name of Debtor(s):
I request relief in accordance with chapter 15 of title 11, United StatesCode. Certified copies of the documents required by 11 U.S.C. § 1515are attached.
Pursuant to 11 U.S.C. § 1511, I request relief in accordance with thechapter of title 11 specified in this petition. A certified copy of theorder granting recognition of the foreign main proceeding is attached.
(Check only one box.)
Signature of Attorney for Debtor(s)
Las Vegas, NV 89101
702-388-7185
LAW OFFICES OF RICHARD McKNIGHT, P.C.
Richard McKnight, Esq. 001313
Signature of Attorney*Signature of Non-Attorney Bankruptcy Petition Preparer
Telephone Number
Firm Name
Date
Address
Printed Name of Attorney for Debtor(s)
X I declare under penalty of perjury that: (1) I am a bankruptcy petitionpreparer as defined in 11 U.S.C. § 110; (2) I prepared this document forcompensation and have provided the debtor with a copy of this document
Social-Security number (If the bankruptcy petition preparer is not anindividual, 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
Printed Name and title, if any, of Bankruptcy Petition Preparer
A bankruptcy petition preparer’s failure to comply with the provisions of title11 and the Federal Rules of Bankruptcy Procedure may result in fines orimprisonment or both. 11 U.S.C. § 110; 18 U.S.C. § 156.
If more than one person prepared this document, attach additionalsheets conforming to the appropriate official form for each person.
Names and Social-Security numbers of all other individuals who preparedor assisted in preparing this document unless the bankruptcy petitionpreparer is not an individual.X
07/07/2011
Suite 900
330 S. Third Street
/s/ Richard McKnight, Esq.
Signature of Debtor (Corporation/Partnership)
I declare under penalty of perjury that the information providedin this petition is true and correct, and that I have beenauthorized to file this petition on behalf of the debtor.
bankruptcy petition preparers, I have given the debtor notice of themaximum amount before preparing any document for filing for a debtoror accepting any fee from the debtor, as required in that section. OfficialForm 19 is attached.
The debtor requests the relief in accordance with the chapter oftitle 11, United States Code, specified in this petition.
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 promulgatedpursuant to 11 U.S.C. § 110(h) setting a maximum fee for services
Signature of Authorized Individual
Printed Name of Authorized Individual
Title of Authorized Individual
Date
X
Signature of bankruptcy petition preparer or officer, principal,responsible person, or partner whose Social-Security number is provided
Date
*In a case in which § 707(b)(4)(D) applies, this signature alsoconstitutes a certification that the attorney has no knowledgeafter an inquiry that the information in the schedules is incorrect.
Case 11-20808-bam Doc 1 Entered 07/08/11 10:10:04 Page 3 of 52
B4 (Official Form 4) (12/07)
UNITED STATES BANKRUPTCY COURT DISTRICT OF NEVADASOUTHERN DIVISION
In re MARIUS ANDRE ROCHAT aka ANDRE ROCHAT
Case No.Chapter 11
Debtor(s),
LIST OF CREDITORS HOLDING 20 LARGEST UNSECURED CLAIMS
Following is the list of the debtor’s creditors holding the 20 largest unsecured claims. The list is prepared in accordancewith Fed. R. Bankr. P. 1007(d) for filing in this chapter 11 [or chapter 9] case. The list does not include (1) persons whocome within the definition of “insider” set forth in 11 U.S.C. § 101, or (2) secured creditors unless the value of thecollateral is such that the unsecured deficiency places the creditor among the holders of the 20 largest unsecuredclaims. If a minor child is one of the creditors holding the 20 largest unsecured claims, state the child's initials and thename and address of the child's parent or guardian, such as "A.B., a minor child, by John Doe, guardian." Do notdisclose the child's name. See, 11 U.S.C. §112 and Fed. R. Bankr. P. 1007(m).
Name of Creditor and CompleteMailing Address Including
Zip Code
Name, Telephone Number andComplete Mailing Address,
Including Zip Code, of Employee,Agent, or Department of Creditor
Familiar with Claim
Nature of Claim(Trade Debt,Bank Loan,
Indicate if Claimis Contingent,Unliquidated,Disputed, orSubject to
Setoff
Amount of Claim(If Secured AlsoState Value of
Security)Government
Who May Be ContactedContract, etc.)
1PLAZA BANK8275 W. FLAMINGO RD.Las Vegas NV 89147
PLAZA BANK8275 W. FLAMINGO RD.Las Vegas NV 89147
Phone: BUSINESS DEBT/PERSONALGUARANTEE
CD
$ 2,069,957.00
2MARY JANE JARVISP.O. Box 60232Las Vegas NV 89160
MARY JANE JARVISP.O. Box 60232Las Vegas NV 89160
Phone: Arrearage on ExecutoryContract
CUD
$ 560,000.00
3IBM LBPS14523 Sw Millikan Way StBeaverton OR 97005
IBM LBPS14523 Sw Millikan Way StBeaverton OR 97005
Phone: MORTGAGE LOAN CD
$ 395,330.00
4PLAZA BANK8275 W. FLAMINGO RD.Las Vegas NV 89147
PLAZA BANK8275 W. FLAMINGO RD.Las Vegas NV 89147
Phone: BUSINESS DEBT/PERSONALGUARANTEE
CD
$ 250,000.00
5GMAC MORTGAGE3451 Hammond AveWaterloo IA 50702
GMAC MORTGAGE3451 Hammond AveWaterloo IA 50702
Phone: MORTGAGE LOAN CD
$ 206,673.00
Page 1
Case 11-20808-bam Doc 1 Entered 07/08/11 10:10:04 Page 4 of 52
B4 (Official Form 4) (12/07)
Debtor(s),
LIST OF CREDITORS HOLDING 20 LARGEST UNSECURED CLAIMS
Name of Creditor and CompleteMailing Address Including
Zip Code
Name, Telephone Number andComplete Mailing Address,
Including Zip Code, of Employee,Agent, or Department of Creditor
Familiar with Claim
Nature of Claim(Trade Debt,Bank Loan,
Indicate if Claimis Contingent,Unliquidated,Disputed, orSubject to
Setoff
Amount of Claim(If Secured AlsoState Value of
Security)Government
Who May Be ContactedContract, etc.)
6AMERICAS SERVICING COPo Box 10328
Des Moines IA 50306
AMERICAS SERVICING COPo Box 10328
Des Moines IA 50306
Phone: MORTGAGE LOAN CD
$ 187,994.00
Value:Net Unsecured:
$ 107,400.00$ 80,594.00
7CHASEPo Box 901039
Fort Worth TX 76101
CHASEPo Box 901039
Fort Worth TX 76101
Phone: HOME EQUITY LOAN CD
$ 71,545.00
*Value:Net Unsecured:
*Prior Liens Exist
$ 300,000.00$ 71,545.00
8WELLS FARGOPAYMENT REMITTANCE CENTER
P.O. BOX 54349
WELLS FARGOPAYMENT REMITTANCE CENTER
P.O. BOX 54349
Phone: BUSINESS DEBT/PERSONALGUARANTEE
CD
$ 35,279.00
Los Angeles CA 90054-0349 Los Angeles CA 90054-0349
9WELLS FARGOPAYMENT REMITTANCE CENTERP.O. BOX 54349
WELLS FARGOPAYMENT REMITTANCE CENTERP.O. BOX 54349
Phone: BUSINESS DEBT/PERSONALGUARANTEE
CD
$ 34,671.00
Los Angeles CA 90054-0349 Los Angeles CA 90054-0349
10EMC MORTGAGEPo Box 293150Lewisville TX 75029
EMC MORTGAGEPo Box 293150Lewisville TX 75029
Phone: SECOND MORTGAGE CD
$ 34,439.00
*Value:Net Unsecured:
*Prior Liens Exist
$ 107,400.00$ 34,439.00
11BAC HOME LOANS SERVICING450 American StSimi Valley CA 93065
BAC HOME LOANS SERVICING450 American StSimi Valley CA 93065
Phone: MORTGAGE LOAN CD
$ 321,889.00
Value:Net Unsecured:
$ 300,000.00$ 21,889.00
12BANK OF AMERICAPo Box 17054Wilmington DE 19850
BANK OF AMERICAPo Box 17054Wilmington DE 19850
Phone: CREDIT LINE CD
$ 21,336.00
13CITIPo Box 6241Sioux Falls SD 57117
CITIPo Box 6241Sioux Falls SD 57117
Phone: CREDIT LINE CD
$ 15,883.00
Page 2
Case 11-20808-bam Doc 1 Entered 07/08/11 10:10:04 Page 5 of 52
B4 (Official Form 4) (12/07)
Debtor(s),
LIST OF CREDITORS HOLDING 20 LARGEST UNSECURED CLAIMS
Name of Creditor and CompleteMailing Address Including
Zip Code
Name, Telephone Number andComplete Mailing Address,
Including Zip Code, of Employee,Agent, or Department of Creditor
Familiar with Claim
Nature of Claim(Trade Debt,Bank Loan,
Indicate if Claimis Contingent,Unliquidated,Disputed, orSubject to
Setoff
Amount of Claim(If Secured AlsoState Value of
Security)Government
Who May Be ContactedContract, etc.)
14BANK OF AMERICAPo Box 1598
Norfolk VA 23501
BANK OF AMERICAPo Box 1598
Norfolk VA 23501
Phone: CREDIT LINE CD
$ 12,943.00
15PNC BANK1 Ncc Pkwy
Kalamazoo MI 49009
PNC BANK1 Ncc Pkwy
Kalamazoo MI 49009
Phone: CREDIT LINE CD
$ 7,789.00
16AMERICAN EXPRESS BOX 0001
Los Angeles CA 90096-8000
AMERICAN EXPRESS BOX 0001
Los Angeles CA 90096-8000
Phone: BUSINESS DEBT/PERSONALGUARANTEE
CD
$ 5,431.00
17CHASEPo Box 15298
Wilmington DE 19850
CHASEPo Box 15298
Wilmington DE 19850
Phone: CREDIT LINE CD
$ 5,426.00
18DISCOVER FIN SVCS LLCPo Box 15316
Wilmington DE 19850
DISCOVER FIN SVCS LLCPo Box 15316
Wilmington DE 19850
Phone: CREDIT LINE CD
$ 4,924.00
19AMERICAN EXPRESSBOX 0001
Los Angeles CA 90096-8000
AMERICAN EXPRESSBOX 0001
Los Angeles CA 90096-8000
Phone: BUSINESS DEBT/PERSONALGUARANTEE
CD
$ 4,551.00
20CAPTIAL ONEPo Box 85520
Richmond VA 23285
CAPTIAL ONEPo Box 85520
Richmond VA 23285
Phone: CREDIT LINE CD
$ 3,345.00
Page 3
Case 11-20808-bam Doc 1 Entered 07/08/11 10:10:04 Page 6 of 52
B4 (Official Form 4) (12/07)
Debtor(s),
LIST OF CREDITORS HOLDING 20 LARGEST UNSECURED CLAIMS
DECLARATION UNDER PENALTY OF PERJURY BY INDIVIDUAL DEBTOR
Date: 7/7/2011 SignatureMARIUS ANDRE ROCHAT
I, ,
they are true and correct to the best of my knowledge, information and belief.as debtor in this case, declare under penalty of perjury that I have read the foregoing List of Creditors Holding Twenty Largest Unsecured Claims and that
of the Individual Debtor
Name:
named
/s/ MARIUS ANDRE ROCHAT
Page 4
Case 11-20808-bam Doc 1 Entered 07/08/11 10:10:04 Page 7 of 52
B 201A (Form 201A) (12/09)WARNING: Effective December 1, 2009, the 15-day deadline to file schedules and certain other documents under
Bankruptcy Rule 1007(c) is shortened to 14 days. For further information, see note at bottom of page 2
UNITED STATES BANKRUPTCY COURT
NOTICE TO CONSUMER DEBTOR(S) UNDER §342(b) OF THE BANKRUPTCY CODE
In accordance with § 342(b) of the Bankruptcy Code, this notice to individuals with primarily consumerdebts: (1) Describes briefly the services available from credit counseling services; (2) Describes briefly thepurposes, benefits and costs of the four types of bankruptcy proceedings you may commence; and (3) Informs youabout bankruptcy crimes and notifies you that the Attorney General may examine all information you supply inconnection with a bankruptcy case.
You are cautioned that bankruptcy law is complicated and not easily described. Thus, you may wish to seekthe advice of an attorney to learn of your rights and responsibilities should you decide to file a petition. Courtemployees cannot give you legal advice.
Notices from the bankruptcy court are sent to the mailing address you list on your bankruptcy petition. Inorder to ensure that you receive information about events concerning your case, Bankruptcy Rule 4002 requires thatyou notify the court of any changes in your address. If you are filing a joint case (a single bankruptcy case for twoindividuals married to each other), and each spouse lists the same mailing address on the bankruptcy petition, youand your spouse will generally receive a single copy of each notice mailed from the bankruptcy court in a jointly-addressed envelope, unless you file a statement with the court requesting that each spouse receive a separate copy ofall notices.
1. Services Available from Credit Counseling Agencies
With limited exceptions, § 109(h) of the Bankruptcy Code requires that all individual debtors who filefor bankruptcy relief on or after October 17, 2005, receive a briefing that outlines the available opportunitiesfor credit counseling and provides assistance in performing a budget analysis. The briefing must be givenwithin 180 days before the bankruptcy filing. The briefing may be provided individually or in a group (includingbriefings conducted by telephone or on the Internet) and must be provided by a nonprofit budget and creditcounseling agency approved by the United States trustee or bankruptcy administrator. The clerk of the bankruptcycourt has a list that you may consult of the approved budget and credit counseling agencies. Each debtor in a jointcase must complete the briefing.
In addition, after filing a bankruptcy case, an individual debtor generally must complete a financialmanagement instructional course before he or she can receive a discharge. The clerk also has a list of approvedfinancial management instructional courses. Each debtor in a joint case must complete the course.
2. The Four Chapters of the Bankruptcy Code Available to Individual Consumer Debtors
Chapter 7: Liquidation ($245 filing fee, $39 administrative fee, $15 trustee surcharge: Total fee $299)Chapter 7 is designed for debtors in financial difficulty who do not have the ability to pay their existing
debts. Debtors whose debts are primarily consumer debts are subject to a “means test” designed to determinewhether the case should be permitted to proceed under chapter 7. If your income is greater than the median incomefor your state of residence and family size, in some cases, the United States trustee (or bankruptcy administrator), thetrustee, or creditors have the right to file a motion requesting that the court dismiss your case under § 707(b) of theCode. It is up to the court to decide whether the case should be dismissed.
Under chapter 7, you may claim certain of your property as exempt under governing law. A trustee mayhave the right to take possession of and sell the remaining property that is not exempt and use the sale proceeds topay your creditors.
The purpose of filing a chapter 7 case is to obtain a discharge of your existing debts. If, however, you are
Case 11-20808-bam Doc 1 Entered 07/08/11 10:10:04 Page 8 of 52
Form B 201A, Notice to Consumer Debtor(s) Page 2
found to have committed certain kinds of improper conduct described in the Bankruptcy Code, the court may denyyour discharge and, if it does, the purpose for which you filed the bankruptcy petition will be defeated.
Even if you receive a general discharge, some particular debts are not discharged under the law. Therefore,you may still be responsible for most taxes and student loans; debts incurred to pay nondischargeable taxes; domesticsupport and property settlement obligations; most fines, penalties, forfeitures, and criminal restitution obligations;certain debts which are not properly listed in your bankruptcy papers; and debts for death or personal injury causedby operating a motor vehicle, vessel, or aircraft while intoxicated from alcohol or drugs. Also, if a creditor can provethat a debt arose from fraud, breach of fiduciary duty, or theft, or from a willful and malicious injury, the bankruptcycourt may determine that the debt is not discharged.
Chapter 13: Repayment of All or Part of the Debts of an Individual with Regular Income ($235 filingfee, $39 administrative fee: Total fee $274)
Chapter 13 is designed for individuals with regular income who would like to pay all or part of their debts in installments over a period of time. You are only eligible for chapter 13 if your debts do not exceedcertain dollar amounts set forth in the Bankruptcy Code.
Under chapter 13, you must file with the court a plan to repay your creditors all or part of the money that youowe them, using your future earnings. The period allowed by the court to repay your debts may be three years orfive years, depending upon your income and other factors. The court must approve your plan before it can takeeffect.
After completing the payments under your plan, your debts are generally discharged except for domesticsupport obligations; most student loans; certain taxes; most criminal fines and restitution obligations; certain debtswhich are not properly listed in your bankruptcy papers; certain debts for acts that caused death or personal injury;and certain long term secured obligations.
Chapter 11: Reorganization ($1000 filing fee, $39 administrative fee: Total fee $1039)Chapter 11 is designed for the reorganization of a business but is also available to consumer debtors. Its
provisions are quite complicated, and any decision by an individual to file a chapter 11 petition should be reviewedwith an attorney.
Chapter 12: Family Farmer or Fisherman ($200 filing fee, $39 administrative fee: Total fee $239)Chapter 12 is designed to permit family farmers and fishermen to repay their debts over a period of time from
future earnings and is similar to chapter 13. The eligibility requirements are restrictive, limiting its use to thosewhose income arises primarily from a family-owned farm or commercial fishing operation.
3. Bankruptcy Crimes and Availability of Bankruptcy Papers to Law Enforcement Officials
A person who knowingly and fraudulently conceals assets or makes a false oath or statement under penaltyof perjury, either orally or in writing, in connection with a bankruptcy case is subject to a fine, imprisonment, orboth. All information supplied by a debtor in connection with a bankruptcy case is subject to examination by theAttorney General acting through the Office of the United States Trustee, the Office of the United States Attorney,and other components and employees of the Department of Justice.
WARNING: Section 521(a)(1) of the Bankruptcy Code requires that you promptly file detailed information regarding yourcreditors, assets, liabilities, income, expenses and general financial condition. Your bankruptcy case may be dismissed ifthis information is not filed with the court within the time deadlines set by the Bankruptcy Code, the Bankruptcy Rules, andthe local rules of the court. The documents and the deadlines for filing them are listed on Form B200, which is posted athttp://www.uscourts.gov/bkforms/bankruptcy_forms.html#procedure.
Many filing deadlines change on December 1, 2009. Of special note, 12 rules that set 15 days to act are amended torequire action within 14 days, including Rule 1007(c), filing the initial case papers; Rule 3015(b), filing a chapter 13plan; Rule 8009(a), filing appellate briefs; and Rules 1019, 1020, 2015, 2015.1, 2016, 4001, 4002, 6004, and 6007.
Case 11-20808-bam Doc 1 Entered 07/08/11 10:10:04 Page 9 of 52
B6 Summary (Official Form 6 - Summary) (12/07)
Case No.
UNITED STATES BANKRUPTCY COURT
In re
/ Debtor
MARIUS ANDRE ROCHAT
DISTRICT OF NEVADASOUTHERN DIVISION
Chapter 11
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 theboxes 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, andF 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 theyfile a case under chapter 7, 11, or 13.
SUMMARY OF SCHEDULES
NAME OF SCHEDULEAttached(Yes/No)
No. ofSheets ASSETS LIABILITIES OTHER
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
1
3
1
2
1
11
1
1
1
2
A-Real Property
B-Personal Property
C-Property Claimed asExempt
D-Creditors Holding SecuredClaims
E-Creditors HoldingUnsecured Priority Claims
F-Creditors HoldingUnsecured Nonpriority Claims
G-Executory Contracts andUnexpired Leases
H-Codebtors
I-Current Income of IndividualDebtor(s)
J-Current Expenditures ofIndividual Debtor(s)
$ 407,400.00
10,455.88$
615,867.00$
0.00$
3,635,763.00$
8,067.17$
6,142.42$
(Total of Claims on Schedule E)
4,251,630.00$417,855.88$TOTAL 24
Case 11-20808-bam Doc 1 Entered 07/08/11 10:10:04 Page 10 of 52
B6 Summary (Official Form 6 - Summary) (12/07)
DISTRICT OF NEVADAUNITED STATES BANKRUPTCY COURT
In re
/ Debtor
MARIUS ANDRE ROCHATChapter 11Case No.
SOUTHERN DIVISION
STATISTICAL SUMMARY OF CERTAIN LIABILITIES AND RELATED DATA (28 U.S.C § 159)If you are an individual debtor whose debts are primarily consumer debts, as defined in § 101(8) of the Bankruptcy Code (11 U.S.C. § 101(8), filing a case under
Type of Liability
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) (whetherdisputed or undisputed)
Student Loan Obligations (from Schedule F)
Domestic Support, Separation Agreement, and Divorce Decree Obligations Not Reported onSchedule EObligations to Pension or Profit-Sharing, and Other Similar Obligations (from Schedule F)
TOTAL
Amount
$
$
$
$
$
$
This information is for statistical purposes only under 28 U.S.C. § 159.
$
chapter 7, 11, or 13, you must report all information requested below.
Summarize the following types of liabilities, as reported in the Schedules, and total them.
State the following:
Average Income (from Schedule I, Line 16)
Average Expenses (from Schedule J, Line 18)
Current Monthly Income (from Form 22A Line 12; OR, Form 22B Line 11; OR, Form 22C Line 20)
$
$
$
$1. Total from Schedule D, "UNSECURED PORTION, IF ANY" column
State the following:
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) $
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.
Case 11-20808-bam Doc 1 Entered 07/08/11 10:10:04 Page 11 of 52
B6 Declaration (Official Form 6 - Declaration) (12/07)
In re
DECLARATION CONCERNING DEBTOR'S SCHEDULES
DebtorCase No.
(if known)
DECLARATION UNDER PENALTY OF PERJURY BY AN INDIVIDUAL DEBTOR
MARIUS ANDRE ROCHAT
I declare under penalty of perjury that I have read the foregoing summary and schedules, consisting of 25 sheets, and that they are true andcorrect to the best of my knowledge, information and belief.
Date: 7/7/2011 SignatureMARIUS ANDRE ROCHAT/s/ MARIUS ANDRE ROCHAT
[If joint case, both spouses must sign.]
Penalty for making a false statement or concealing property: Fine of up to $500,000 or imprisonment for up to 5 years or both. 18 U.S.C. §§ 152 and 3571.
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MARIUS ANDRE ROCHAT
FORM B6A (Official Form 6A) (12/07)
In reDebtor(s)
Case No.(if known)
SCHEDULE A-REAL PROPERTY
,
Do not include interests in executory contracts and unexpired leases on this schedule. List them in Schedule G-ExecutoryContracts and Unexpired Leases.
Except as directed below, list all real property in which the debtor has any legal, equitable, or future interest, including all property owned as acotenant community property, or in which the debtor has a life estate. Include any property in which the debtor holds rights and powersexercisable for the debtor’s own benefit. If the debtor is married, state whether the husband, wife, both, or the marital community own the propertyby placing an “H,” “W,” “J,” 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.”
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 entityclaims 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 - PropertyClaimed as Exempt.
Description and Location of Property Nature of Debtor'sInterest in Property
Husband--HWife--WJoint--J
Community--C
CurrentValue
of Debtor's Interest,in Property Without
Deducting anySecured Claim or
Exemption
Amount ofSecured Claim
1808 S. 15TH STREET, LAS VEGAS, NEVADADEBTOR'S RESIDENCE
Fee Simple $ 300,000.00 $ 300,000.00
2100 JAYMIE WAY LAS VEGAS, NV 89106(RENTAL PROPERTY PENDING FORECLOSURE)
$ 107,400.00 $ 107,400.00
No continuation sheets attached TOTAL $(Report also on Summary of Schedules.)
407,400.00
Case 11-20808-bam Doc 1 Entered 07/08/11 10:10:04 Page 13 of 52
B6B (Official Form 6B) (12/07)
In re MARIUS ANDRE ROCHATDebtor(s)
SCHEDULE B-PERSONAL PROPERTY
Case No.(if known)
,
Except as directed below, list all personal property of the debtor of whatever kind. If the debtor has no property in one or more of the categories,place an “x” in the appropriate position in the column labeled “None.” If additional space is needed in any category, attach a separate sheet properlyidentified with the case name, case number, and the number of the category. If the debtor is married, state whether the husband, wife, both, or themarital community own the property by placing an “H,” “W,” “J,” or “C” in the column labeled “Husband, Wife, Joint, or Community.” If the debtor is anindividual or a joint petition is filed, state the amount of any exemptions claimed only in Schedule C - Property Claimed as Exempt.
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.” Ifthe 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).
Do not list interests in executory contracts and unexpired leases on this schedule. List them in Schedule G-Executory Contractsand Unexpired Leases.
Description and Location of Property
Husband--HWife--WJoint--J
Community--C
Type of PropertyCurrentValue
of Debtor's Interest,in Property Without
Deducting any
ExemptionSecured Claim or
None
1. Cash on hand. X
2. Checking, savings or other financialaccounts, certificates of deposit, or sharesin banks, savings and loan, thrift, buildingand loan, and homestead associations, orcredit unions, brokerage houses, orcooperatives.
BANK OF GEORGE CHECKING ACCOUNT 88.558,1 $
3. Security deposits with public utilities,telephone companies, landlords, andothers.
X
4. Household goods and furnishings,including audio, video, and computerequipment.
HOUSEHOLD GOODS & FURNISHINGSLocation: In debtor's possession
00.000,5 $
5. Books, pictures and other art objects,antiques, stamp, coin, record, tape,compact disc, and other collections orcollectibles.
X
6. Wearing apparel. WEARING APPARELLocation: In debtor's possession
00.001 $
7. Furs and jewelry. X
8. Firearms and sports, photographic, andother hobby equipment.
FIREARMS12 gauge Benelli $400.00 - 20 gauge Benelli $250.00 - 20 gauge Charles Daly $250.00 -20 gauge Wetherby $300.00 - 338 Winchester$500.00 - 44 Mag Smith and Wesson $450.00 -22 Beretta $125.00 - 9 mm springfield arm$225.00 - 9 mm smith and wesson $200.00Location: In debtor's possession
00.007,2 $
FIREARMS (CZ 550)Location: In debtor's possession
00.008 $
Page 1 of 3
Case 11-20808-bam Doc 1 Entered 07/08/11 10:10:04 Page 14 of 52
B6B (Official Form 6B) (12/07)
In re MARIUS ANDRE ROCHATDebtor(s)
SCHEDULE B-PERSONAL PROPERTY
Case No.(if known)
,
(Continuation Sheet)
Description and Location of Property
Husband--HWife--WJoint--J
Community--C
Type of PropertyCurrentValue
of Debtor's Interest,in Property Without
Deducting any
ExemptionSecured Claim or
None
9. Interests in insurance policies. Nameinsurance company of each policy anditemize surrender or refund value of each.
AXA EQUITABLE LIFE INSURANCE POLICY(TERM POLICY NO CASH VALUE) (FACE AMOUNT$1,000,000)
00.0 $
10. Annuities. Itemize and name each issuer. X
11. Interest in an education IRA asdefined in 26 U.S.C. 530(b)(1) or undera qualified State tuition plan as defined in26 U.S.C. 529(b)(1). Give particulars.(File separately the record(s) of any suchinterest(s). 11 U.S.C. 521(c).)
X
12. Interests in IRA, ERISA, Keogh, or otherpension or profit sharing plans. Giveparticulars.
X
13. Stock and interests in incorporated andunincorporated businesses. Itemize.
ALIZE, A NEVADA CORPORATION operates AlizeRestaurant at th Palms.
nwonknU
Andre's French Restaurant, Inc., operatesfrench restaurant at Monte Carlo
nwonknU
Andre's, Ltd., a Nevada corporation operateddowntown restaurant until December 31, 2009.Corporation is dissolved.
00.0 $
14. Interests in partnerships or joint ventures.Itemize.
X
15. Government and corporate bonds andother negotiable and non-negotiableinstruments.
X
16. Accounts Receivable. X
17. Alimony, maintenance, support, andproperty settlements to which the debtoris or may be entitled. Give particulars.
X
18. Other liquidated debts owed to debtorincluding tax refunds. Give particulars.
X
19. Equitable or future interests, life estates,and rights or powers exercisable for thebenefit of the debtor other than thoselisted in Schedule of Real Property.
X
20. Contingent and non-contingent interestsin estate of a decedent, death benefitplan, life insurance policy, or trust.
X
21. Other contingent and unliquidated claimsof every nature, including tax refunds,counterclaims of the debtor, and rights tosetoff claims. Give estimated value ofeach.
X
Page 2 of 3
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B6B (Official Form 6B) (12/07)
In re MARIUS ANDRE ROCHATDebtor(s)
SCHEDULE B-PERSONAL PROPERTY
Case No.(if known)
,
(Continuation Sheet)
Description and Location of Property
Husband--HWife--WJoint--J
Community--C
Type of PropertyCurrentValue
of Debtor's Interest,in Property Without
Deducting any
ExemptionSecured Claim or
None
22. Patents, copyrights, and other intellectualproperty. Give particulars.
X
23. Licenses, franchises, and other generalintangibles. Give particulars.
X
24. Customer lists or other compilationscontaining personally identifiableinformation (as described in 11 U.S.C.101(41A)) provided to the debtor byindividuals in connection with obtaininga product or service from the debtorprimarily for personal, family, orhousehold purposes.
X
25. Automobiles, trucks, trailers and othervehicles and accessories.
X
26. Boats, motors, and accessories. X
27. Aircraft and accessories. X
28. Office equipment, furnishings, andsupplies.
X
29. Machinery, fixtures, equipment andsupplies used in business.
X
30. Inventory. X
31. Animals. X
32. Crops - growing or harvested.Give particulars.
X
33. Farming equipment and implements. X
34. Farm supplies, chemicals, and feed. X
35. Other personal property of any kind notalready listed. Itemize.
X
Page 3 of 3(Report total also on Summary of Schedules.)
Total $ 10,455.88
Include amounts from any continuation sheets attached.
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B6C (Official Form 6C) (04/10)
In reMARIUS ANDRE ROCHAT
Debtor(s)
SCHEDULE C-PROPERTY CLAIMED AS EXEMPT
Case No.(if known)
,
Debtor claims the exemptions to which debtor is entitled under:
(Check one box)
11 U.S.C. § 522(b) (2)11 U.S.C. § 522(b) (3)
Check if debtor claims a homestead exemption that exceeds $146,450.*
Providing eachDescription of PropertyCurrent
Value of PropertyExemption
Specify Law
Without DeductingExemptions
Value ofClaimed
Exemption
1808 S. 15TH STREET, LASVEGAS, NEVADA
NRS 21.090(1)(l), 115.010 00.000,003 $00.000,003 $
BANK OF GEORGE CHECKINGACCOUNT
NRS 21.090(1)(g) 88.558,1 $88.558,1 $
HOUSEHOLD GOODS & FURNISHINGS NRS 21.090(1)(b) 00.000,5 $00.000,5 $
WEARING APPAREL NRS 21.090(1)(b) 00.001 $00.001 $
FIREARMS (CZ 550) NRS 21.090(1)(i) 00.008 $00.008 $
ALIZE, A NEVADA CORPORATION 10 U.S.C. § 1035(d)15 U.S.C. § 1673
nwonknU00.0 $00.0 $
Page No. 1 of 1
* Amount subject to adjustment on 4/1/13, and every three years thereafter with respect to cases commenced on or after the date of adjustment.
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Case No.(if known)
SCHEDULE D - CREDITORS HOLDING SECURED CLAIMS
In reMARIUS ANDRE ROCHAT ,
B6D (Official Form 6D) (12/07)
Debtor(s)
State the name, mailing address, including zip code, and last four digits of any account number of all entities holdingclaims secured by property of the debtor as of the date of filing of the petition. The complete account number of any account thedebtor has with the creditor is useful to the trustee and the creditor and may be provided if the debtor chooses to do so. Listcreditors holding all types of secured interests such as judgment liens, garnishments, statutory liens, mortgages, deeds of trust,and other security interests.
List creditors in alphabetical order to the extent practicable. If a minor child is the creditor, state the child's initials and thename and address of the child's parent or guardian, such as "A.B., a minor child, by John Doe, guardian." Do not disclose thechild's name. See, 11 U.S.C. §112 and Fed. R. Bankr. P. 1007(m). If all secured creditors will not fit on this page, use thecontinuation sheet provided.
If any entity other than a spouse in a joint case may be jointly liable on a claim, place an “X” in the column labeled“Codebtor,” include the entity on the appropriate schedule of creditors, and complete Schedule H – Codebtors. If a joint petition isfiled, state whether the husband, wife, both of them, or the marital community may be liable on each claim by placing an “H,” “W,”“J,” or “C” in the column labeled “Husband, Wife, Joint, or Community.”
If the claim is contingent, place an “X” in the column labeled “Contingent.” If the claim is unliquidated, place an “X” in thecolumn labeled “Unliquidated.” If the claim is disputed, place an “X” in the column labeled “Disputed.” (You may need to place an“X” in more than one of these three columns.)
Total the columns labeled “Amount of Claim Without Deducting Value of Collateral” and “Unsecured Portion, if Any” inthe boxes labeled “Total(s)” on the last sheet of the completed schedule. Report the total from the column labeled “Amount ofClaim Without Deducting Value of Collateral” also on the Summary of Schedules and, if the debtor is an individual with primarilyconsumer debts, report the total from the column labeled “Unsecured Portion, if Any” on the Statistical Summary of Certain
Check this box if debtor has no creditors holding secured claims to report on this Schedule D.
Creditor's Name andMailing Address
H--HusbandW--WifeJ--JointC--Community
Date Claim was Incurred, Natureof Lien, and Description and MarketValue of Property Subject to Lien
Amount of ClaimWithout
Deducting Valueof Collateral
Unsecured
Portion, If AnyIncluding ZIP Code and
Account Number(See Instructions Above.)
Unl
iqui
date
dD
ispu
ted
Con
tinge
nt
Co-
Deb
tor
2100 JAYMIE WAY LAS VEGAS, NV89106
Account No:
Creditor # :
Value:
12005-07-28MORTGAGE LOAN
$ 107,400.00
X X $ 187,994.00 $ 80,594.001061218076931
AMERICAS SERVICING COPo Box 10328Des Moines IA 50306
1808 S. 15TH STREET, LASVEGAS, NEVADA
Account No:
Creditor # :
Value:
22005-02-24MORTGAGE LOAN
$ 300,000.00
X X $ 321,889.00 $ 21,889.0091588128
BAC HOME LOANS SERVICING450 American StSimi Valley CA 93065
1808 S. 15TH STREET, LASVEGAS, NEVADA
Account No:
Creditor # :
Value:
32005-03-03HOME EQUITY LOAN
$ 300,000.00
X X $ 71,545.00 $ 71,545.00449219941607
CHASEPo Box 901039Fort Worth TX 76101
1 continuation sheets attached
(Use only on last page)Total $
(Total of this page)Subtotal $ $ 581,428.00 $ 174,028.00
(Report also on Summary ofSchedules.)
(If applicable, report also onStatistical Summary ofCertain Liabilities andRelated Data)
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Case No.(if known)
SCHEDULE D - CREDITORS HOLDING SECURED CLAIMS
In reMARIUS ANDRE ROCHAT ,
B6D (Official Form 6D) (12/07) - Cont.
Debtor(s)
(Continuation Sheet)
Creditor's Name andMailing Address
H--HusbandW--WifeJ--JointC--Community
Date Claim was Incurred, Natureof Lien, and Description and MarketValue of Property Subject to Lien
Amount of ClaimWithout
Deducting Valueof Collateral
Unsecured
Portion, If AnyIncluding ZIP Code and
Account Number(See Instructions Above.)
Unl
iqui
date
dD
ispu
ted
Con
tinge
nt
Co-
Deb
tor
2100 JAYMIE WAY LAS VEGAS, NV89106
Account No:
Creditor # :
Value:
42005-08-01SECOND MORTGAGE
$ 107,400.00
X X $ 34,439.00 $ 34,439.005890011711744
EMC MORTGAGEPo Box 293150Lewisville TX 75029
Account No:
Value:
Account No:
Value:
Account No:
Value:
Account No:
Value:
Account No:
Value:
1
Holding Secured Claims
1Sheet no. of continuation sheets attached to Schedule of Creditors
(Use only on last page)Total $
(Total of this page)Subtotal $ $ 34,439.00
$ 615,867.00
$ 34,439.00
$ 208,467.00(Report also on Summary ofSchedules.)
(If applicable, report also onStatistical Summary ofCertain Liabilities andRelated Data)
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B6E (Official Form 6E) (04/10)
Case No.(if known)
SCHEDULE E - CREDITORS HOLDING UNSECURED PRIORITY CLAIMS
In re MARIUS ANDRE ROCHAT ,Debtor(s)
A complete list of claims entitled to priority, listed separately by type of priority, is to be set forth on the sheets provided. Only holders ofunsecured claims entitled to priority should be listed in this schedule. In the boxes provided on the attached sheets, state the name, mailing address,including zip code, and last four digits of the account number, if any, of all entities holding priority claims against the debtor or the property of thedebtor, as of the date of the filing of the petition. Use a separate continuation sheet for each type of priority and label each with the type of priority.
The complete account number of any account the debtor has with the creditor is useful to the trustee and the creditor and may be provided if thedebtor chooses to do so. If a minor child is a creditor, 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).
If any entity other than a spouse in a joint case may be jointly liable on a claim, place an "X" in the column labeled "Codebtor," include the entity onthe appropriate schedule of creditors, and complete Schedule H-Codebtors. If a joint petition is filed, state whether the husband, wife, both of themor the marital community may be liable on each claim by placing an "H", "W", "J", or "C" in the column labeled "Husband, Wife, Joint, or Community." Ifthe claim is contingent, place an "X" in the column labeled "Contingent." If the claim is unliquidated, place an "X" in the column labeled "Unliquidated." Ifthe claim is disputed, place an "X" in the column labeled "Disputed." (You may need to place an "X" in more than one of these three columns.)
Report the total of claims listed on each sheet in the box labeled "Subtotals" on each sheet. Report the total of all claims listed on this Schedule Ein the box labeled "Total" on the last sheet of the completed schedule. Report this total also on the Summary of Schedules.
Report the total of amounts entitled to priority listed on each sheet in the box labeled "Subtotals" on each sheet. Report the total of all amountsentitled to priority listed on this Schedule E in the box labeled “Totals” on the last sheet of the completed schedule. Individual debtors with primarilyconsumer debts report this total also on the Statistical Summary of Certain Liabilities and Related Data.
Report the total of amounts NOT entitled to priority listed on each sheet in the box labeled "Subtotals" on each sheet. Report the total of allamounts not entitled to priority listed on this Schedule E in the box labeled "Total" on the last sheet of the completed schedule. Individual debtors withprimarily consumer debts report this total also on the Statistical Summary of Certain Liabilities and Related Data.
Check this box if debtor has no creditors holding unsecured priority claims to report on this Schedule E.
TYPES OF PRIORITY CLAIMS (Check the appropriate box(es) below if claims in that category are listed on the attached sheets)
Domestic Support ObligationsClaims for domestic support that are owed to or recoverable by a spouse, former spouse, or child of the debtor, or the parent, legal guardian,or responsible relative of such a child, or a governmental unit to whom such a domestic support claim has been assigned to the extentprovided in 11 U.S.C. § 507(a)(1).
Extensions of credit in an involuntary caseClaims arising in the ordinary course of the debtor's business or financial affairs after the commencement of the case but before the earlier ofthe appointment of a trustee or the order for relief. 11 U.S.C. § 507(a)(3).
Wages, salaries, and commissions, including vacation, severance, and sick leave pay owing to employees and commissions owing toqualifying independent sales representatives up to $11,725* per person earned within 180 days immediately preceding the filing of the originalpetition, or the cessation of business, whichever occurred first, to the extent provided in 11 U.S.C. § 507(a)(4).
Wages, salaries, and commissions
Contributions to employee benefit plansMoney owed to employee benefit plans for services rendered within 180 days immediately preceding the filing of the original petition, or thecessation of business, whichever occurred first, to the extent provided in 11 U.S.C. § 507(a)(5).
Certain farmers and fishermenClaims of certain farmers and fishermen, up to $5,775* per farmer or fisherman, against the debtor, as provided in 11 U.S.C. § 507(a)(6).
Deposits by individualsClaims of individuals up to $2,600* for deposits for the purchase, lease, or rental of property or services for personal, family, or householduse, that were not delivered or provided. 11 U.S.C. § 507(a)(7).
Taxes and Certain Other Debts Owed to Governmental UnitsTaxes, customs duties, and penalties owing to federal, state, and local governmental units as set forth in 11 U.S.C. § 507(a)(8).
Commitments to Maintain the Capital of an Insured Depository InstitutionClaims based on commitments to FDIC, RTC, Director of the Office of Thrift Supervision, Comptroller of the Currency, or Board of Governors ofthe Federal Reserve System, or their predecessors or successors, to maintain the capital of an insured depository institution. 11 U.S.C. §507(a)(9).
Claims for Death or Personal Injury While Debtor Was IntoxicatedClaims for death or personal injury resulting from the operation of a motor vehicle or vessel while the debtor was intoxicated from usingalcohol, a drug, or another substance. 11 U.S.C. § 507(a)(10).
No continuation sheets attached
* Amounts are subject to adjustment on 4/01/13, and every three years thereafter with respect to cases commenced on or after the date of adjustment.
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Case No.(if known)
SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS
In re MARIUS ANDRE ROCHAT ,
B6F (Official Form 6F) (12/07)
Debtor(s)
State the name, mailing address, including zip code, and last four digits of any account number, of all entities holding unsecured claims withoutpriority against the debtor or the property of the debtor, as of the date of filing of the petition. The complete account number of any account thedebtor has with the creditor is useful to the trustee and the creditor and may be provided if the debtor chooses to do so. If a minor child is acreditor, 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). Do not include claims listed in Schedules D and E. If allcreditors will not fit on this page, use the continuation sheet provided.
If any entity other than a spouse in a joint case may be jointly liable on a claim, place an "X" in the column labeled "Codebtor," include the entityon the appropriate schedule of creditors, and complete Schedule H - Codebtors. If a joint petition is filed, state whether the husband, wife, both ofthem, or the marital community may be liable on each claim by placing an "H," "W," "J," or "C" in the column labeled "Husband, Wife, Joint, orCommunity."
If the claim is contingent, place an "X" in the column labeled "Contingent." If the claim is unliquidated, place an "X" in the column labeled"Unliquidated." If the claim is disputed, place an "X" in the column labeled "Disputed." (You may need to place an "X" in more than one of these threecolumns.)
Report total of all claims listed on this schedule in the box labeled "Total" on the last sheet of the completed schedules. Report this total also on
Check this box if debtor has no creditors holding unsecured claims to report on this Schedule F.
Creditor's Name, Mailing Address
including Zip Code,
H--HusbandW--WifeJ--JointC--Community
Date Claim was Incurred,and Consideration for Claim.If Claim is Subject to Setoff, so State.
Amount of Claim
And Account Number(See instructions above.) C
o-D
ebto
r
Con
tinge
nt
Unl
iqui
date
dD
ispu
ted
Account No:
Creditor # : 1AMERICAN EXPRESSBOX 0001Los Angeles CA 90096-8000
BUSINESS DEBT/PERSONAL GUARANTEE X X $ 4,551.004-62008
Account No:
Creditor # : 2AMERICAN EXPRESSBOX 0001Los Angeles CA 90096-8000
BUSINESS DEBT/PERSONAL GUARANTEE X X $ 5,431.006-02000
Account No:
Creditor # : 3AMERICAS SERVICING COPo Box 10328Des Moines IA 50306
2006-05-04Conventional Real Estate Loan
X X $ 0.001061328013766
Account No:
Creditor # : 4AMEXPo Box 297871Fort Lauderdale FL 33329
1982-03-21CREDIT LINE
X X $ 0.00-3499910168962273
10 continuation sheets attached
fo yrammuS no osla tropeR .F eludehcS detelpmoc eht fo egap tsal no ylno esU(detaleR dna seitilibaiL niatreC fo yrammuS lacitsitatS eht no ,elbacilppa fi ,dna seludehcS
Total $Subtotal $ $ 9,982.00
Case 11-20808-bam Doc 1 Entered 07/08/11 10:10:04 Page 21 of 52
Case No.(if known)
SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS
In re MARIUS ANDRE ROCHAT ,
B6F (Official Form 6F) (12/07) - Cont.
Debtor(s)
(Continuation Sheet)
Creditor's Name, Mailing Address
including Zip Code,
H--HusbandW--WifeJ--JointC--Community
Date Claim was Incurred,and Consideration for Claim.If Claim is Subject to Setoff, so State.
Amount of Claim
And Account Number(See instructions above.) C
o-D
ebto
r
Con
tinge
nt
Unl
iqui
date
dD
ispu
ted
Account No:
Creditor # : 5AMEXPo Box 297871Fort Lauderdale FL 33329
1982-10-21CREDIT LINE
X X $ 0.00-3499911455669233
Account No:
Creditor # : 6AMEXPo Box 297871Fort Lauderdale FL 33329
1984-07-01CREDIT LINE
X X $ 0.00032569971016315093
Account No:
Creditor # : 7BAC HOME LOANS SERVICING450 American StSimi Valley CA 93065
2003-02-20Conventional Real Estate Loan
X X $ 0.0022905700
Account No:
Creditor # : 8BAC HOME LOANS SERVICING450 American StSimi Valley CA 93065
2003-12-01Conventional Real Estate Loan
X X $ 0.0046787528
Account No:
Creditor # : 9BAC HOME LOANS SERVICING450 American StSimi Valley CA 93065
2003-12-01HOME EQUITY LOAN
X X $ 0.0046999840
Account No:
Creditor # : 10BANK OF AMERICAPo Box 1598Norfolk VA 23501
1991-10-14CREDIT LINE
X X $ 12,943.004888936206450870
1Creditors Holding Unsecured Nonpriority Claims
10Sheet No. of continuation sheets attached to Schedule of
fo yrammuS no osla tropeR .F eludehcS detelpmoc eht fo egap tsal no ylno esU(detaleR dna seitilibaiL niatreC fo yrammuS lacitsitatS eht no ,elbacilppa fi ,dna seludehcS
Total $Subtotal $ $ 12,943.00
Case 11-20808-bam Doc 1 Entered 07/08/11 10:10:04 Page 22 of 52
Case No.(if known)
SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS
In re MARIUS ANDRE ROCHAT ,
B6F (Official Form 6F) (12/07) - Cont.
Debtor(s)
(Continuation Sheet)
Creditor's Name, Mailing Address
including Zip Code,
H--HusbandW--WifeJ--JointC--Community
Date Claim was Incurred,and Consideration for Claim.If Claim is Subject to Setoff, so State.
Amount of Claim
And Account Number(See instructions above.) C
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Account No:
Creditor # : 11BANK OF AMERICAPo Box 17054Wilmington DE 19850
1995-07-11CREDIT LINE
X X $ 0.0074971082072060
Account No:
Creditor # : 12BANK OF AMERICAPo Box 1598Norfolk VA 23501
2004-03-16CREDIT LINE
X X $ 0.004888930146383085
Account No:
Creditor # : 13BANK OF AMERICAPo Box 1598Norfolk VA 23501
1996-04-05CREDIT LINE
X X $ 0.00430178500123
Account No:
Creditor # : 14BANK OF AMERICAPo Box 1598Norfolk VA 23501
2003-09-16CREDIT LINE
X X $ 0.004147340014933234
Account No:
Creditor # : 15BANK OF AMERICAPo Box 17054Wilmington DE 19850
1996-08-13CREDIT LINE
X X $ 21,336.00374315738846500
Account No:
Creditor # : 16BANK OF AMERICA N.A.201 N Tryon StCharlotte NC 28202
1993-12-20Recreational Merchandise
X X $ 0.0063090000210212
2Creditors Holding Unsecured Nonpriority Claims
10Sheet No. of continuation sheets attached to Schedule of
fo yrammuS no osla tropeR .F eludehcS detelpmoc eht fo egap tsal no ylno esU(detaleR dna seitilibaiL niatreC fo yrammuS lacitsitatS eht no ,elbacilppa fi ,dna seludehcS
Total $Subtotal $ $ 21,336.00
Case 11-20808-bam Doc 1 Entered 07/08/11 10:10:04 Page 23 of 52
Case No.(if known)
SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS
In re MARIUS ANDRE ROCHAT ,
B6F (Official Form 6F) (12/07) - Cont.
Debtor(s)
(Continuation Sheet)
Creditor's Name, Mailing Address
including Zip Code,
H--HusbandW--WifeJ--JointC--Community
Date Claim was Incurred,and Consideration for Claim.If Claim is Subject to Setoff, so State.
Amount of Claim
And Account Number(See instructions above.) C
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Account No:
Creditor # : 17BANK OF AMERICA N.A.201 N Tryon StCharlotte NC 28202
1993-12-20Recreational Merchandise
X X $ 0.0010000010011831483
Account No:
Creditor # : 18BARCLAYS BANK DELAWARE125 S West StWilmington DE 19801
1996-04-05CREDIT LINE
X X $ 0.005452100002383032
Account No:
Creditor # : 19BLMDSNB9111 Duke BlvdMason OH 45040
2002-11-23CHARGE ACCOUNT
X X $ 0.008918009502
Account No:
Creditor # : 20BLMDSNB9111 Duke BlvdMason OH 45040
2008-11-14CHARGE ACCOUNT
X X $ 0.008918009504
Account No:
Creditor # : 21BLMDSNB9111 Duke BlvdMason OH 45040
2009-02-28CHARGE ACCOUNT
X X $ 0.008918009531
Account No:
Creditor # : 22CAPTIAL ONEPo Box 85520Richmond VA 23285
2002-11-14CREDIT LINE
X X $ 3,345.005291492291263842
3Creditors Holding Unsecured Nonpriority Claims
10Sheet No. of continuation sheets attached to Schedule of
fo yrammuS no osla tropeR .F eludehcS detelpmoc eht fo egap tsal no ylno esU(detaleR dna seitilibaiL niatreC fo yrammuS lacitsitatS eht no ,elbacilppa fi ,dna seludehcS
Total $Subtotal $ $ 3,345.00
Case 11-20808-bam Doc 1 Entered 07/08/11 10:10:04 Page 24 of 52
Case No.(if known)
SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS
In re MARIUS ANDRE ROCHAT ,
B6F (Official Form 6F) (12/07) - Cont.
Debtor(s)
(Continuation Sheet)
Creditor's Name, Mailing Address
including Zip Code,
H--HusbandW--WifeJ--JointC--Community
Date Claim was Incurred,and Consideration for Claim.If Claim is Subject to Setoff, so State.
Amount of Claim
And Account Number(See instructions above.) C
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Account No:
Creditor # : 23CHASE201 N Walnut St # De1-10Wilmington DE 19801
2006-05-02AUTO LOAN
X X $ 0.0010612321421208
Account No:
Creditor # : 24CHASE10790 Rancho Bernardo RdSan Diego CA 92127
2007-09-26Conventional Real Estate Loan
X X $ 0.004651860402848
Account No:
Creditor # : 25CHASEPo Box 15298Wilmington DE 19850
2004-03-05CREDIT LINE
X X $ 5,426.004388576038467901
Account No:
Creditor # : 26CHEVRONPob 5010 Room 1242Concord CA 94524
1984-07-12CREDIT LINE
X X $ 0.001025791367
Account No:
Creditor # : 27CITGO/CBSDPo Box 6497Sioux Falls SD 57117
2005-12-02CREDIT LINE
X X $ 0.00402990923
Account No:
Creditor # : 28CITIPo Box 6241Sioux Falls SD 57117
1996-05-01CREDIT LINE
X X $ 0.005424180452959353
4Creditors Holding Unsecured Nonpriority Claims
10Sheet No. of continuation sheets attached to Schedule of
fo yrammuS no osla tropeR .F eludehcS detelpmoc eht fo egap tsal no ylno esU(detaleR dna seitilibaiL niatreC fo yrammuS lacitsitatS eht no ,elbacilppa fi ,dna seludehcS
Total $Subtotal $ $ 5,426.00
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Case No.(if known)
SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS
In re MARIUS ANDRE ROCHAT ,
B6F (Official Form 6F) (12/07) - Cont.
Debtor(s)
(Continuation Sheet)
Creditor's Name, Mailing Address
including Zip Code,
H--HusbandW--WifeJ--JointC--Community
Date Claim was Incurred,and Consideration for Claim.If Claim is Subject to Setoff, so State.
Amount of Claim
And Account Number(See instructions above.) C
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Account No:
Creditor # : 29CITIPo Box 6241Sioux Falls SD 57117
2005-02-10CREDIT LINE
X X $ 15,883.005466160086066873
Account No:
Creditor # : 30CITI/SHELLPo Box 6497Sioux Falls SD 57117
1996-10-24CREDIT LINE
X X $ 0.001161523186
Account No:
Creditor # : 31DINERS CLUBPo Box 5113Englewood CO 80155
2001-07-01CREDIT LINE
X X $ 0.00381853001000
Account No:
Creditor # : 32DISCOVER FIN SVCS LLCPo Box 15316Wilmington DE 19850
2008-02-10CREDIT LINE
X X $ 4,924.006011009456176127
Account No:
Creditor # : 33DISCOVER FIN SVCS LLCPo Box 15316Wilmington DE 19850
2001-10-11CREDIT LINE
X X $ 0.006011298862676537
Account No:
Creditor # : 34DISCOVER FIN SVCS LLCPo Box 15316Wilmington DE 19850
2000-01-31CREDIT LINE
X X $ 0.006011009780210485
5Creditors Holding Unsecured Nonpriority Claims
10Sheet No. of continuation sheets attached to Schedule of
fo yrammuS no osla tropeR .F eludehcS detelpmoc eht fo egap tsal no ylno esU(detaleR dna seitilibaiL niatreC fo yrammuS lacitsitatS eht no ,elbacilppa fi ,dna seludehcS
Total $Subtotal $ $ 20,807.00
Case 11-20808-bam Doc 1 Entered 07/08/11 10:10:04 Page 26 of 52
Case No.(if known)
SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS
In re MARIUS ANDRE ROCHAT ,
B6F (Official Form 6F) (12/07) - Cont.
Debtor(s)
(Continuation Sheet)
Creditor's Name, Mailing Address
including Zip Code,
H--HusbandW--WifeJ--JointC--Community
Date Claim was Incurred,and Consideration for Claim.If Claim is Subject to Setoff, so State.
Amount of Claim
And Account Number(See instructions above.) C
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Account No:
Creditor # : 35EMC MORTGAGEPo Box 293150Lewisville TX 75029
2005-07-28Conventional Real Estate Loan
X X $ 0.005890011711736
Account No:
Creditor # : 36EXXMBLCITIPo Box 6497Sioux Falls SD 57117
2007-11-13CREDIT LINE
X X $ 0.007302500003376422
Account No:
Creditor # : 37GEMB/CHEVRON4125 Windward PlzAlpharetta GA 30005
1984-07-12CREDIT LINE
X X $ 50.007061591017293217
APN #162-13-415-003(HOUSE IS FORCLOSED)
Account No:
Creditor # : 38GMAC MORTGAGE3451 Hammond AveWaterloo IA 50702
2006-05-04MORTGAGE LOAN
X X X $ 206,673.007304905987
Account No:
Creditor # : 39HSBC/COSTCPo Box 15524Wilmington DE 19850
1997-07-28CHARGE ACCOUNT
X X $ 0.007111302911742105
Account No:
Creditor # : 40HSBC/COSTCPo Box 15524Wilmington DE 19850
1997-07-28CHARGE ACCOUNT
X X $ 0.007204620921566182
6Creditors Holding Unsecured Nonpriority Claims
10Sheet No. of continuation sheets attached to Schedule of
fo yrammuS no osla tropeR .F eludehcS detelpmoc eht fo egap tsal no ylno esU(detaleR dna seitilibaiL niatreC fo yrammuS lacitsitatS eht no ,elbacilppa fi ,dna seludehcS
Total $Subtotal $ $ 206,723.00
Case 11-20808-bam Doc 1 Entered 07/08/11 10:10:04 Page 27 of 52
Case No.(if known)
SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS
In re MARIUS ANDRE ROCHAT ,
B6F (Official Form 6F) (12/07) - Cont.
Debtor(s)
(Continuation Sheet)
Creditor's Name, Mailing Address
including Zip Code,
H--HusbandW--WifeJ--JointC--Community
Date Claim was Incurred,and Consideration for Claim.If Claim is Subject to Setoff, so State.
Amount of Claim
And Account Number(See instructions above.) C
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APN # 162-13-714-0093159 Lipton Ct. Las Vegas, NV89121 (FORECLOSED)
Account No:
Creditor # : 41IBM LBPS14523 Sw Millikan Way StBeaverton OR 97005
2007-09-26MORTGAGE LOAN
X X $ 395,330.0010009302
Account No:
Creditor # : 42LOWE'S BUSINESS ACCT/GEMBP.O. BOX 530970Atlanta GA 30353-0970
BUSINESS DEBT/PERSONAL GUARANTEE X X $ 2,129.0082131290196935
Account No:
Creditor # : 43MARY JANE JARVISP.O. Box 60232Las Vegas NV 89160
11/03/2008Arrearage on Executory Contract
X X X $ 560,000.00
Account No:
Creditor # : 44MCYDSNB9111 Duke BlvdMason OH 45040
2009-03-01CHARGE ACCOUNT
X X $ 0.004904573839536
Account No:
Creditor # : 45MCYDSNB9111 Duke BlvdMason OH 45040
2005-08-21CHARGE ACCOUNT
X X $ 0.004904573839520
Account No:
Creditor # : 46MEDICAL EDGE HEALTHc/o CREDIT SYSTEMS INTL IN1277 COUNTRY CLUB LNFort Worth TX 76112
2009-06-30Medical Bills
X X $ 46.00103194160
7Creditors Holding Unsecured Nonpriority Claims
10Sheet No. of continuation sheets attached to Schedule of
fo yrammuS no osla tropeR .F eludehcS detelpmoc eht fo egap tsal no ylno esU(detaleR dna seitilibaiL niatreC fo yrammuS lacitsitatS eht no ,elbacilppa fi ,dna seludehcS
Total $Subtotal $ $ 957,505.00
Case 11-20808-bam Doc 1 Entered 07/08/11 10:10:04 Page 28 of 52
Case No.(if known)
SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS
In re MARIUS ANDRE ROCHAT ,
B6F (Official Form 6F) (12/07) - Cont.
Debtor(s)
(Continuation Sheet)
Creditor's Name, Mailing Address
including Zip Code,
H--HusbandW--WifeJ--JointC--Community
Date Claim was Incurred,and Consideration for Claim.If Claim is Subject to Setoff, so State.
Amount of Claim
And Account Number(See instructions above.) C
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CREDIT SYSTEMS INTL IN1277 COUNTRY CLUB LNFORT WORTH TX 76112
Account No:
Representing:MEDICAL EDGE HEALTH
103194160
Account No:
Creditor # : 47NISSAN MOTOR ACCEPTANCEPo Box 660360Dallas TX 75266
2008-11-17AUTO LOAN
X X $ 0.00102479798310001
Account No:
Creditor # : 48NISSAN-INFINITI LT2901 Kinwest PkwyIrving TX 75063
2005-02-28AUTO LEASE
X X $ 0.0000000025005590216
Account No:
Creditor # : 49NVFCU MTGP.o. Box 15400Las Vegas NV 89114
1999-06-28Conventional Real Estate Loan
X X $ 0.004011160699
Account No:
Creditor # : 50PLAZA BANK8275 W. FLAMINGO RD.Las Vegas NV 89147
BUSINESS DEBT/PERSONAL GUARANTEE X X $ 250,000.00101282
Account No:
Creditor # : 51PLAZA BANK8275 W. FLAMINGO RD.Las Vegas NV 89147
BUSINESS DEBT/PERSONAL GUARANTEE X X $ 2,069,957.00101281
8Creditors Holding Unsecured Nonpriority Claims
10Sheet No. of continuation sheets attached to Schedule of
fo yrammuS no osla tropeR .F eludehcS detelpmoc eht fo egap tsal no ylno esU(detaleR dna seitilibaiL niatreC fo yrammuS lacitsitatS eht no ,elbacilppa fi ,dna seludehcS
Total $Subtotal $ $ 2,319,957.00
Case 11-20808-bam Doc 1 Entered 07/08/11 10:10:04 Page 29 of 52
Case No.(if known)
SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS
In re MARIUS ANDRE ROCHAT ,
B6F (Official Form 6F) (12/07) - Cont.
Debtor(s)
(Continuation Sheet)
Creditor's Name, Mailing Address
including Zip Code,
H--HusbandW--WifeJ--JointC--Community
Date Claim was Incurred,and Consideration for Claim.If Claim is Subject to Setoff, so State.
Amount of Claim
And Account Number(See instructions above.) C
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Account No:
Creditor # : 52PNC BANK1 Ncc PkwyKalamazoo MI 49009
1985-11-01CREDIT LINE
X X $ 7,789.004489010110000453
Account No:
Creditor # : 53TARGET NBPo Box 673Minneapolis MN 55440
2005-03-06CREDIT LINE
X X $ 0.004352371697765155
Account No:
Creditor # : 54THD/CBSDPo Box 6497Sioux Falls SD 57117
2005-03-04CHARGE ACCOUNT
X X $ 0.006035320168493763
Account No:
Creditor # : 55WELLS FARGOPAYMENT REMITTANCE CENTERP.O. BOX 54349Los Angeles CA 90054-0349
BUSINESS DEBT/PERSONAL GUARANTEE X X $ 35,279.004856200119015025
Account No:
Creditor # : 56WELLS FARGOPo Box 29704Phoenix AZ 85038
2005-03-05AUTO LOAN
X X $ 0.0050237118665259001
Account No:
Creditor # : 57WELLS FARGOPAYMENT REMITTANCE CENTERP.O. BOX 54349Los Angeles CA 90054-0349
BUSINESS DEBT/PERSONAL GUARANTEE X X $ 34,671.005474643171350187
9Creditors Holding Unsecured Nonpriority Claims
10Sheet No. of continuation sheets attached to Schedule of
fo yrammuS no osla tropeR .F eludehcS detelpmoc eht fo egap tsal no ylno esU(detaleR dna seitilibaiL niatreC fo yrammuS lacitsitatS eht no ,elbacilppa fi ,dna seludehcS
Total $Subtotal $ $ 77,739.00
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Case No.(if known)
SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS
In re MARIUS ANDRE ROCHAT ,
B6F (Official Form 6F) (12/07) - Cont.
Debtor(s)
(Continuation Sheet)
Creditor's Name, Mailing Address
including Zip Code,
H--HusbandW--WifeJ--JointC--Community
Date Claim was Incurred,and Consideration for Claim.If Claim is Subject to Setoff, so State.
Amount of Claim
And Account Number(See instructions above.) C
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Account No:
Creditor # : 58WELLS FARGO BANKPo Box 5445Portland OR 97228
2000-05-16CREDIT LINE
X X $ 0.004465392390021534
Account No:
Creditor # : 59WFB-NE4800 Nw 1st Street Suite 300Lincoln NE 68521
2003-08-01CREDIT LINE
X X $ 0.004300230031603212
Account No:
Creditor # : 60WFDS/WDSPo Box 1697Winterville NC 28590
2004-02-23AUTO LOAN
X X $ 0.00518880433110
Account No:
Creditor # : 61WFNNB/EXPRESS4590 E Broad StColumbus OH 43213
1996-10-20Revolving Charge Account
X X $ 0.0037496
Account No:
Creditor # : 62WFNNB/EXPRESS4590 E Broad StColumbus OH 43213
1993-10-05Revolving Charge Account
X X $ 0.0032936
Account No:
Creditor # : 63WORLDS FOREMOST BANK N4800 Nw 1st St Ste 300Lincoln NE 68521
2003-08-01CREDIT LINE
X X $ 0.004300230032932651
$ 3,635,763.00
10Creditors Holding Unsecured Nonpriority Claims
10Sheet No. of continuation sheets attached to Schedule of
fo yrammuS no osla tropeR .F eludehcS detelpmoc eht fo egap tsal no ylno esU(detaleR dna seitilibaiL niatreC fo yrammuS lacitsitatS eht no ,elbacilppa fi ,dna seludehcS
Total $Subtotal $ $ 0.00
Case 11-20808-bam Doc 1 Entered 07/08/11 10:10:04 Page 31 of 52
B6G (Official Form 6G) (12/07)
In re MARIUS ANDRE ROCHAT / Debtor
SCHEDULE G-EXECUTORY CONTRACTS AND UNEXPIRED LEASES
Case No.(if known)
Describe all executory contracts of any nature and all unexpired leases of real or personal property. Include any timeshare interests. State the nature of
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,
Check this box if the debtor has no executory contracts or unexpired leases.
debtor's interests in contract, i.e., "Purchaser," "Agent," etc. State whether debtor is the lessor or lessee of a lease. Provide the names and complete mailingaddresses of all other parties to each lease or contract described. If a minor child is a party to one of the leases or contracts, state the child's initials and the
11 U.S.C. §112 and Fed. R. Bankr. P. 1007(m).
Including Zip Code, ofDescription of Contract or Lease and
Nature of Debtor's Interest.Other Parties to Lease
Name and Mailing Address,
State whether Lease is for Nonresidential Real Property.State Contract Number of any Government Contract.or Contract.
Page 1 of 1
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B6H (Official Form 6H) (12/07)
In re MARIUS ANDRE ROCHAT / Debtor
SCHEDULE H-CODEBTORS
Case No.(if known)
Check this box if the debtor has no codebtors.
Provide the information requested concerning any person or entity, other than a spouse in a joint case, that is also liable on any debts listed by thedebtor in the schedules of creditors. Include all guarantors and co-signers. If the debtor resides or resided in a community property state,commonwealth, or territory (including Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Puerto Rico, Texas, Washington, orWisconsin) within the eight year period immediately preeceding the commencement of the case, identify the name of the debtors spouse and ofany former spouse who resides or resided with the debtor in the community property state, commonwealth, or territory. Include all names used bythe nondebtor spouse during the eight years immediately preceding the commencement of this case. If a minor child is a codebtor or a creditor,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 notdisclose the child's name. See, 11 U.S.C. §112 and Fed. R. Bankr. P. 1007(m).
Name and Address of CreditorName and Address of Codebtor
MARY JANE JARVISP.O. Box 60232Las Vegas NV 89160
GMAC MORTGAGE3451 Hammond AveWaterloo IA 50702
Page 1 of 1
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B6I (Official Form 6I) (12/07)
In re MARIUS ANDRE ROCHAT , Case No.(if known)Debtor(s)
SCHEDULE I - CURRENT INCOME OF INDIVIDUAL DEBTOR(S)
The column labeled “Spouse” must be completed in all cases filed by joint debtors and by every married debtor, whether or not a joint petition isfiled, unless the spouses are separated and a joint petition is not filed. Do not state the name of any minor child. The average monthly incomecalculated on this form may differ from the current monthly income calculated on Form 22A, 22B, or 22C.
Debtor's Marital
Status:DEPENDENTS OF DEBTOR AND SPOUSE
AGE(S):RELATIONSHIP(S):Single
EMPLOYMENT: DEBTOR SPOUSE
Occupation
Name of Employer
How Long EmployedAddress of Employer
7 YEARS
GASTRONOMY MANAGEMENT GROUP
PRESIDENT
5415 ROGERS ST., #CLas Vegas NV 89118
INCOME: (Estimate of average or projected monthly income at time case filed) DEBTOR SPOUSE
8,908.40
1. Monthly gross wages, salary, and commissions (Prorate if not paid monthly) $2. Estimate monthly overtime3. SUBTOTAL
$$ $
$$
4. LESS PAYROLL DEDUCTIONSa. Payroll taxes and social securityb. Insurancec. Union dues
$$$
$$$
8,908.400.00
0.000.000.00
2,556.75382.48
0.00
0.000.000.00
d. Other (Specify): COLONIAL INSURANCE $ 00.811 $ 00.0
5. SUBTOTAL OF PAYROLL DEDUCTIONS
6. TOTAL NET MONTHLY TAKE HOME PAY
$$
$$
3,057.23
5,851.17 0.00
0.00
7. Regular income from operation of business or profession or farm (attach detailed statement) 8. Income from real property9. Interest and dividends10. Alimony, maintenance or support payments payable to the debtor for the debtor's use or thatof dependents listed above.11. Social security or government assistance
$$$
$$$$$
$$(Specify): SOCIAL SECURITY12. Pension or retirement income
0.00 0.000.00 0.000.00 0.000.00 0.00
2,216.00 0.00$ 0.00 $ 0.00
(Specify): $ $00.0 00.013. Other monthly income
16. COMBINED AVERAGE MONTHLY INCOME:
(Report also on Summary of Schedules and, if applicable, onStatistical Summary of Certain Liabilities and Related Data)
15. AVERAGE MONTHLY INCOME
8,067.17
0.00$8,067.17$(Add amounts shown on lines 6 and 14)
14. SUBTOTAL OF LINES 7 THROUGH 13 2,216.00 0.00$ $
(Combine column totals
from line 15; if there is only one debtor repeat total reported on line 15)$
17. Describe any increase or decrease in income reasonably anticipated to occur within the year following the filing of this document:
Page No. 1 of 1
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B6J(Official Form 6J)(12/07)
Case No.(if known)
SCHEDULE J-CURRENT EXPENDITURES OF INDIVIDUAL DEBTOR
In re ,MARIUS ANDRE ROCHATDebtor(s)
Complete this schedule by estimating the average or projected monthly expenses of the debtor and the debtor's family. Prorate any paymentsmade bi-weekly, quarterly, semi-annually, or annually to show monthly rate. The average monthly expenses calculated on this form may differ fromthe deductions from income allowed on Form 22 A or 22C.
Check this box if a joint petition is filed and debtor's spouse maintains a separate household. Complete a separate schedule of expenditures labeled"Spouse."
1. Rent or home mortgage payment (include lot rented for mobile home)a. Are real estate taxes included?b. Is property insurance included?
$
$
2. Utilities: a. Electricity and heating fuelb. Water and sewerc. Telephoned. Other
$$$
2,697.51
556.80136.5354.3795.2529.35$
DISH NETWORKSOUTHWEST GAS
$ 233.19
YesYes
NoNo
Line 2 Continuation Page Total (see continuation page for itemization) Other
.............................................................................................................................................................
..............................................................................................................................................................
...................................................................................................................................................................
.............................................................................................................................................................
3. Home maintenance (repairs and upkeep)4. Food5. Clothing
7. Medical and dental expenses
6. Laundry and dry cleaning
9. Recreation, clubs and entertainment, newspapers, magazines, etc. 8. Transportation (not including car payments)
10. Charitable contributions
a. Homeowner's or renter's11. Insurance (not deducted from wages or included in home mortgage payments)
b. Lifec. Health
d. Autoe. Other Other
$ 0.00400.00$
$$ 175.00
100.00
$ 0.00$$ 0.00
300.00
$ 40.00
$ 10.4214.00$
0.000.00$
$$ 0.00
0.00$
..............................................................................................................................................
............................................................................................................................................................................................
........................................................................................................................................................
..................................................................................................................
....................................................................................................................................................
......................................................................................................................................................................
........................................................................................................................................................................
12. Taxes (not deducted from wages or included in home mortgage)(Specify) $13. Installment payments: (In chapter 11, 12, and 13 cases, do not list payments to be included in the plan)
a. Auto $$$
1,300.00
0.000.000.00
b. Other:c. Other:
IRS income tax payment 2010
........................................................................................................................................................................
........................................................................................................................................................................
0.00$$ 0.00$ 0.00
14. Alimony, maintenance, and support paid to others 15. Payments for support of additional dependents not living at your home16. Regular expenses from operation of business, profession, or farm (attach detailed statement) 17. Other:
Other:$$
0.000.000.00
..................................................................................................................................
....................................................................................
................................................................................................................................................................................
18. AVERAGE MONTHLY EXPENSES 6,142.42$Total lines 1-17. Report also on Summary of Schedules
19. Describe any increase or decrease in expenditures reasonably anticipated to occur within the year following the filing of this document:and, if applicable, on the Statistical Summary of Certain Liabilities and Related Data.)
a. Average monthly income from Line 16 of Schedule Ib. Average monthly expenses from Line 18 abovec. Monthly net income (a. minus b.)
20. STATEMENT OF MONTHLY NET INCOME8,067.17$
$$
6,142.421,924.75
Case 11-20808-bam Doc 1 Entered 07/08/11 10:10:04 Page 35 of 52
In re
B6J(Official Form 6J)(12/07)-Continuation Page
SCHEDULE J-CURRENT EXPENDITURES OF INDIVIDUAL DEBTOR
, Case No.MARIUS ANDRE ROCHAT
Debtor(s)
(Continuation page)
2. (continuation) OTHER UTILITIES
POOL SERVICE 220.00.....................................................................................................................................................................................................................$
GARBAGE 13.19.....................................................................................................................................................................................................................$
233.19$ Line 2 Continuation Page Total (seen as line item "2" on Schedule J)
Case 11-20808-bam Doc 1 Entered 07/08/11 10:10:04 Page 36 of 52
Form 7 (04/10)
MARIUS ANDRE ROCHATaka ANDRE ROCHAT
Case No.
SOUTHERN DIVISION DISTRICT OF NEVADA
UNITED STATES BANKRUPTCY COURT
In re:
STATEMENT OF FINANCIAL AFFAIRS
This statement is to be completed by every debtor. Spouses filing a joint petition may file a single statement on which the information forboth spouses is combined. If the case is filed under chapter 12 or chapter 13, a married debtor must furnish information for both spouses whetheror not a joint petition is filed, unless the spouses are separated and a joint petition is not filed. An individual debtor engaged in business as a soleproprietor, partner, family farmer, or self-employed professional, should provide the information requested on this statement concerning all suchactivities as well as the individual's personal affairs. To indicate payments, transfers and the like to minor children, state the child's initials and thename and address of the child's parent or guardian, such as "A.B., a minor child, by John Doe, guardian." Do not diclose the child's name. See, 11U.S.C. § 112 and Fed. R. Bankr. P. 1007(m).
Questions 1-18 are to be completed by all debtors. Debtors that are or have been in business, as defined below, also must completeQuestions 19-25. If the answer to an applicable question is "None," mark the box labeled "None." If additional space is needed for the answer toany question, use and attach a separate sheet properly identified with the case name, case number (if known), and the number of the question.
DEFINITIONS
"In business." A debtor is "in business" for the purpose of this form if the debtor is a corporation or partnership. An individual debtor is "inbusiness" for the purpose of this form if the debtor is or has been, within the six years immediately preceding the filing of this bankruptcy case,any of the following: an officer, director, managing executive, or owner of 5 percent or more of the voting or equity securities of a corporation; apartner, other than a limited partner, of a partnership; a sole proprietor or self-employed full-time or part-time. An individual debtor my also be "inbusiness" for the purpose of this form if the debtor engages in a trade, business, or other activity, other than as an employee, to supplementincome from the debtor's primary employment.
"Insider." The term "insider" includes but is not limited to: relatives of the debtor; general partners of the debtor and their relatives;corporations of which the debtor is an officer, director, or person in control; officers, directors, and any owner of 5 percent or more of the votingor equity securities of a corporation debtor and their relatives; affiliates of the debtor and insiders of such affiliates; any managing agent of thedebtor. 11 U.S.C. §101.
1. Income from employment or operation of businessState the gross amount of income the debtor has received from employment, trade, or profession, or from operation of the debtor's business, includingpart-time activities either as an employee or in independent trade or business, from the beginning of this calendar year to the date this case wascommenced. State also the gross amounts received during the two years immediately preceding this calendar year. (A debtor that maintains, or hasmaintained, financial records on the basis of a fiscal rather than a calendar year may report fiscal year income. Identify the beginning and ending dates ofthe debtor's fiscal year.) If a joint petition is filed, state income for each spouse separately. (Married debtors filing under chapter 12 or chapter 13 muststate income of both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
None
AMOUNT SOURCE
Year to date: $58,250 Last Year: $111,918Year before: $111,956
Gastronomy ManangementGastronomy ManangementGastronomy Manangement
2. Income other than from employment or operation of businessState the amount of income received by the debtor other than from employment, trade, profession, operation of the debtor's business during the two yearsimmediately preceding the commencement of this case. Give particulars. If a joint petition is filed, state income for each spouse separately. (Marrieddebtors filing under chapter 12 or chapter 13 must state income for each spouse whether or not a joint petition is filed, unless the spouses are separated anda joint petition is not filed.)
None
SOURCE AMOUNT
Year to date: $0.00 Last Year: $34,717 Taxable Interest (Gastronomy Mgmt.)
Statement of Affairs - Page 1
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Form 7 (04/10)
SOURCE AMOUNT
Year before: $42,323 Taxable Interest (Gastronomy Mgmt.)
Year to date: $13,296 Last Year: $19,944Year before: $0.00
SOCIAL SECURITYSOCIAL SECURTIY
3. Payments to creditorsComplete a. or b., as appropriate, and c.
a. Individual or joint debtor(s) with primarily consumer debts: List all payments on loans, installment purchases of goods or services, and other debts to anycreditor, made within 90 days immediately preceding the commencement of this case unless the aggregate value of all property that constitutes or isaffected by such transfer is less than $600. Indicate with an asterisk (*) any payments that were made to a creditor on account of a domestic supportobligation or as part of an alternative repayment schedule under a plan by an approved nonprofit budgeting and creditor counseling agency. (Married debtorsfiling 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 areseparated and a joint petition is not filed.)
None
DATES OFNAME AND ADDRESS OF CREDITORPAYMENTS AMOUNT PAID
AMOUNTSTILL OWING
* Amounts are subject to adjustment on 4/01/13, and every three years thereafter with respect to cases commenced on or after the date of adjustment.
Creditor: Law Offices of RichardMcKnightAddress: 330 S. Third St., #900 Las Vegas, NV 89101
05/02/1105/11/1105/25/11
$3,006.88$757.38$4,791.94
$9054.70
Creditor: U.S. TreasuryAddress: Internal Revenue Center Fresno, CA 93888
06/08/11 $650.00 $10,503.00
b. Debtor whose debts are not primarily consumer debts: List each payment or other transfer to any creditor made within 90 days immediately preceding thecommencement of this case unless the aggregate value of all property that constitutes or is affected by such transfer is less than $5,850*. If the debtor isan individual, indicate with an asterisk (*) any payments that were made to a creditor on account of a domestic support obligation or as part of an alternativerepayment schedule under a plan by an approved nonprofit budgeting and creditor counseling agency. (Married debtors filingunder chapter 12 or chapter 13must include payments and other transfers by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a jointpetition is not filed.)
* Amounts are subject to adjustment on 4/01/13, and every three years thereafter with respect to cases commenced on or after the date of adjustment.
None
c. All debtors: List all payments made within one year immediately preceding the commencement of this case to or for the benefit of creditors who are orwere 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.)
None
4. Suits and administrative proceedings, executions, garnishments and attachmentsa. 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, unlessthe spouses are separated and a joint petition is not filed.)
None
CAPTION OF SUITAND CASE NUMBER NATURE OF PROCEEDING AND LOCATION STATUS OR DISPOSITION
COURT OR AGENCY
Jarvis v. Rochat arbitration JAMS 330 EastCharleston Blvd,#204, Las Vegas
Pending
Statement of Affairs - Page 2
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Form 7 (04/10)
CAPTION OF SUITAND CASE NUMBER NATURE OF PROCEEDING AND LOCATION STATUS OR DISPOSITION
COURT OR AGENCY
Nevada 89104
Plaza Bank v.RochatA-11-632838-B
Complaint fordeficiency
Eighth JudicialDistrict Court200 LewisLas Vegas Nevada89125
Pending
b. Describe all property that has been attached, garnished or seized under any legal or equitable process within one year immediately preceding thecommencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning property of either or both spouseswhether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
None
5. Repossessions, foreclosures and returnsList all property that has been repossessed by a creditor, sold at a foreclosure sale, transferred through a deed in lieu of foreclosure or returned to the seller,within one year immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include informationconcerning 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.)
None
NAME AND ADDRESS OF CREDITOR OR SELLER
DATE OF
DESCRIPTION AND VALUE OF PROPERTY
REPOSSESSIONFORECLOSURE SALE,TRANSFER OR RETURN
Name: Chase Home FinanceAddress: P.O. Box 78420 Phoenix, AZ85062
Description: 3159 Lipton Court Las Vegas, NV 89121Value: $178,000.00
6. Assignments and receivershipsa. Describe any assignment of property for the benefit of creditors made within 120 days immediately preceding the commencement of this case. (Marrieddebtors filing under chapter 12 or chapter 13 must include any assignment by either or both spouses whether or not a joint petition is filed, unless thespouses are separated and a joint petition is not filed.)
None
b. List all property which has been in the hands of a custodian, receiver, or court-appointed official within one year immediately preceding thecommencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning property of either or both spouseswhether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
None
7. GiftsList all gifts or charitable contributions made within one year immediately preceding the commencement of this case except ordinary and usual gifts tofamily 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 joint petition is not filed.)
None
8. LossesList all losses from fire, theft, other casualty or gambling within one year immediately preceding the commencement of this case or since thecommencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include losses by either or both spouses whether or not a jointpetition is filed, unless the spouses are separated and a joint petition is not filed.)
None
Statement of Affairs - Page 3
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Form 7 (04/10)
9. Payments related to debt counseling or bankruptcyList all payments made or property transferred by or on behalf of the debtor to any persons, including attorneys, for consultation concerning debtconsolidation, relief under the bankruptcy law or preparation of a petition in bankruptcy within one year immediately preceding the commencement of this case.
None
NAME AND ADDRESS OF PAYEEDATE OF PAYMENT,NAME OF PAYER IF OTHER THAN DEBTOR
AMOUNT OF MONEY OR DESCRIPTION AND VALUE OF PROPERTY
Payee: Richard McKnight,Esq.Address:330 S. Third StreetSuite 900Las Vegas, NV 89101
Date of Payment: 7/7/11Payor: MARIUS ANDRE ROCHAT
$5,000
Payee: CRICKET DEBTCOUNSELINGAddress: INTERNET/PHONE
Date of Payment: 6/17/11Payor: MARIUS ANDRE ROCHAT
$36.00
10. Other transfersa. List all other property, other than property transferred in the ordinary course of the business or financial affairs of the debtor, transferred either absolutelyor as security within two years immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must includetransfers 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.)
None
b. List all property transferred by the debtor within ten years immediately preceding the commencement of this case to a self-settled trust or similar deviceof which the debtor is a benificiary.
None
11. Closed financial accountsList all financial accounts and instruments held in the name of the debtor or for the benefit of the debtor which were closed, sold, or otherwise transferredwithin one year immediately preceding the commencement of this case. Include checking, savings, or other financial accounts, certificates of deposit, orother instruments; shares and share accounts held in banks, credit unions, pension funds, cooperatives, associations, brokerage houses and other financialinstitutions. (Married debtors filing under chapter 12 or chapter 13 must include information concerning accounts or instruments held by or for either or bothspouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
None
12. Safe deposit boxesList each safe deposit or other box or depository in which the debtor has or had securities, cash, or other valuables within one year immediately precedingthe commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include boxes or depositories of either or both spouses whetheror not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
None
13. SetoffsList 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, unlessthe spouses are separated and a joint petition is not filed.)
None
Statement of Affairs - Page 4
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Form 7 (04/10)
14. Property held for another personList all property owned by another person that the debtor holds or controls.None
15. Prior address of debtorIf the debtor has moved within three years immediately preceding the commencement of this case, list all premises which the debtor occupied during thatperiod and vacated prior to the commencement of this case. If a joint petition is filed, report also any separate address of either spouse.
None
ADDRESS NAME USED OCCUPANCYDATES OF
Debtor: Marius Andre RochatAddress: 3941 Royal Viking Way Las Vegas, NV89121
Name(s): Andre Rochat 7/2008 to1/2009
Debtor: Marius Andre RochatAddress: 3156 Lipton Court Las Vegas, NV
Name(s): Andre Rochat 1/2009 to7/2011
16. Spouses and Former SpousesIf the debtor resides or resided in a community property state, commonwealth, or territory (including Alaska, Arizona, California, Idaho, Louisiana, Nevada,New Mexico, Puerto Rico, Texas, Washington, or Wisconsin) within eight years immediately preceding the commencement of the case, identify the name ofthe debtor's spouse and of any former spouse who resides or resided with the debtor in the community property state.
None
17. Environmental InformationFor the purpose of this question, the following definitions apply:
"Environmental Law" means any federal, state, or local statute or regulation regulating pollution, contamination, releases of hazardous or toxic substances,wastes or material into the air, land, soil, surface water, groundwater, or other medium, including, but not limited to, statutes or regulations regulating thecleanup of these substances, wastes, or material.
"Site" means any location, facility, or property as defined under any Environmental Law, whether or not presently or formerly owned or operated by thedebtor,including, but not limited to disposal sites.
"Hazardous Material" means anything defined as hazardous waste, hazardous substance, toxic substance, hazardous material, pollutant, or contaminant orsimilar termunder an Environmental Law:
a. List the name and address of every site for which the debtor has received notice in writing by a governmental unit that it may be liable or potentially liableunder or in violation of an Environmental Law. Indicate the governmental unit, the date of the notice, and, if known, the Environmental Law:
None
b. List the name and address of every site for which the debtor provided notice to a governmental unit of a release of Hazardous Material. Indicate thegovernmental unit to which the notice was sent and the date of the notice.
None
c. List all judicial or administrative proceedings, including settlements or orders, under any Environmental Law, with respect to which the debtor is or was aparty. Indicate the name and address of the governmental unit that is or was a party to the proceeding, and the docket number.
None
Statement of Affairs - Page 5
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Form 7 (04/10)
18. Nature, location and name of businessa. If the debtor is an individual, list the names, addresses, taxpayer-identification numbers, nature of the businesses, and beginning and ending dates of allbusinesses in which the debtor was an officer, director, partner, or managing executive of a corporation, partner in a partnership, sole proprietor, or wasself-employed in a trade, profession, or other activity either full- or part-time within six years immediately preceding the commencement of this case, or inwhich the debtor owned 5 percent or more of the voting or equity securities within six years immediately preceding the commencement of this case
If the debtor is a partnership, list the names, addresses, taxpayer identification numbers, nature of the businesses, and beginning and ending dates ofall businesses in which the debtor was a partner or owned 5 percent or more of the voting or equity securities, within six years immediately preceding thecommencment of this case.
If the debtor is a corporation, list the names, addresses, taxpayer identification numbers, nature of the businesses, and beginning and ending dates ofall businesses in which the debtor was a partner or owned 5 percent or more of the voting or equity securities within six years immediately preceding thecommencment of this case.
None
BEGINNING ANDENDING DATESNATURE OF BUSINESSNAME
LAST FOUR DIGITS OFSOCIAL-SECURITY OROTHER INDIVIDUALTAXPAYER-I.D. NO.(ITIN)/ COMPLETE EIN
ADDRESS
ANDRE'S LTD ID: 88-0159973 401 S. 6TH ST.LAS VEGAS, NV89101
RESTAURANT 11/8/78 to12/31/09
ANDRE'S FRENCHRESTAURANT INC.
ID: 86-0874943 3770 LAS VEGASBLVD.SLAS VEGAS, NV89109
RESTAURANT 12/12/96 toPresent
ALIZE ID: 88-0489014 4321 W. FLAMINGORD.LAS VEGAS, NV89103
RESTAURANT 12/22/00 toPresent
GASTRONOMYMANAGEMENT GROUP
ID: 20-2100533 5145 ROGERS ST.,#CLAS VEGAS, NV89118
RESTAURANTMANAGEMENTCOMPANY
12/16/04 toPresent
A&A INC. ID: 88-0159971 5145 ROGERS ST.,#CLAS VEGAS, NV89118
SINGLE REALESTATECORPORATION
11/08/78 toPresent
b. Identify any business listed in response to subdivision a., above, that is "single asset real estate" as defined in 11 U.S.C. § 101.None
Statement of Affairs - Page 6
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Form 7 (04/10)
The following questions are to be completed by every debtor that is a corporation or partnership and by any individual debtor who is orhas been, within six years immediately preceding the commencement of this case, any of the following: an officer, director, managing executive, orowner of more than 5 percent of the voting or equity securities of a corporation; a partner, other than a limited partner, of a partnership; a soleproprietor, or self-employed in a trade, profession, or other activity, either full- or part-time.
(An individual or joint debtor should complete this portion of the statement only if the debtor is or has been in business, as defined above,within six years immediately preceding the commencement of this case. A debtor who has not been in business within those six years should godirectly to the signature page.)
19. Books, records and financial statementsa. List all bookkeepers and accountants who within two years immediately preceding the filing of this bankruptcy case kept or supervised the keeping ofbooks of account and records of the debtor.
None
b. List all firms or individuals who within 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
NAME DATES SERVICES RENDEREDADDRESS
LAYTON LAYTON & TOBLER 606 S. 9TH ST.LAS VEGAS, NV 89101
Dates: PREPARESQUARTERLY & ANNUALFINANCIAL STATEMENTS& RETURNS
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. Ifany 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 by the debtorwithin two years immediately preceding the commencement of this case.
None
NAME DATES ISSUEDADDRESS
PLAZA BANK 8275 W. FLAMINGO RD.LAS VEGAS, NV 89147
Dates: PERIODICALLY 12/10 -5/11
20. Inventoriesa. 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 dollaramount and basis of each inventory.
None
b. List the name and address of the person having possession of the records of each of the inventories reported in a., above.None
Statement of Affairs - Page 7
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Form 7 (04/10)
21. Current Partners, Officers, Directors and Shareholdersa. If the debtor is a partnership, list the nature and percentage of partnership interest of each member of the partnership.None
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 5percent or more of the voting or equity securities of the corporation.
None
NAME AND ADDRESS TITLENATURE ANDPERCENTAGE OF STOCK OWNERSHIP
Name: JOSEPH MARSCOAddress: 5145 ROGERS ST., #C LAS VEGAS, NV 89118
DIRECTORSECRETARYTREASURERFOR ANDRE'S FRENCHRESTAURANT, INC.
Name: ANDRE ROCHATAddress: 5145 ROGERS ST., #C LAS VEGAS, NV 89118
PRESIDENTOF ANDRE'S FRENCHRESTAURANT, INC.
Name: JOSEPH MARSCOAddress: 5145 ROGERS ST., #C LAS VEGAS, NV 89118
TREASURER &DIRECTORFOR ALIZE
Name: ANDRE ROCHATAddress: 5145 ROGERS ST., #C LAS VEGAS, NV 89118
PRESIDENT &SECRETARYOF ALIZE
Name: JOSEPH MARSCOAddress: 5145 ROGERS ST., #C LAS VEGAS, NV 89118
SECRETARYTREASURERDIRECTOROF GASTRONOMYMANAGEMENT GROUP
Name: ANDRE ROCHATAddress: 5145 ROGERS ST., #C LAS VEGAS, NV 89118
PRESIDENTOF GASTRONOMYMANGAGEMENT GROUP
Name: ANDRE ROCHATAddress: 5145 ROGERS ST., #C LAS VEGAS, NV 89118
PRESIDENTSECRETARYTREASURERDIRECTORFOR A&A, INC.
100%
22. Former partners, officers, directors and shareholdersa. If the debtor is a partnership, list each member who withdrew from the partnership within one year immediately preceding the commencement of this case.None
Statement of Affairs - Page 8
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Form 7 (04/10)
b. If the debtor is a corporation, list all officers, or directors whose relationship with the corporation terminated within one year immediately preceding thecommencement of this case.
None
23. Withdrawals from a partnership or distribution by a corporationIf the debtor is a partnership or corporation, list all withdrawals or 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.
None
24. Tax Consolidation Group.If the debtor is a corporation, list the name and federal taxpayer-identification number of the parent corporation of any consolidated group for tax purposesof which the debtor has been a member at any time within six years immediately preceeding the commencement of the case.
None
25. Pension Funds.If the debtor is not an individual, list the name and federal taxpayer-identification number of any pension fund to which the debtor, as an employer, has beenresponsible for contributing at any time within six years immediately preceding the commencement of the case.
None
they are true and correct.I declare under penalty of perjury that I have read the answers contained in the foregoing statement of financial affairs and any attachments thereto and that
[If completed by an individual or individual and spouse]
Signatureof Debtor
of Joint DebtorSignature
(if any)
Date
Date
07/07/2011 /s/ MARIUS ANDRE ROCHAT
Statement of Affairs - Page 9
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Rule 2016(b) (8/91)
UNITED STATES BANKRUPTCY COURT DISTRICT OF NEVADASOUTHERN DIVISION
In re Case No.Chapter
MARIUS ANDRE ROCHATaka ANDRE ROCHAT 11
Richard McKnight, Esq. Attorney for Debtor:/ Debtor
STATEMENT PURSUANT TO RULE 2016(B)
The undersigned, pursuant to Rule 2016(b), Bankruptcy Rules, states that:
1. The undersigned is the attorney for the debtor(s) in this case.
2.a)
connection with this case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $Prior to the filing of this statement, debtor(s) have paid . . . . . . . . . . . . . . . $The unpaid balance due and payable is . . . . . . . . . . . . . . . . . . . . . . . . . . . $
b)c)
The compensation paid or agreed to be paid by the debtor(s), to the undersigned is:For legal services rendered or to be rendered in contemplation of and in
5,000.000.00
5,000.00
3. $ 1,039.00 of the filing fee in this case has been paid.
4.a)
file a petition under title 11 of the United States Code.b)
c)
Analysis of the financial situation, and rendering advice and assistance to the debtor(s) in determining whether toThe Services rendered or to be rendered include the following:
Preparation and filing of the petition, schedules, statement of financial affairs and other documents required by the
Representation of the debtor(s) at the meeting of creditors.court.
5.services performed, andThe source of payments made by the debtor(s) to the undersigned was from earnings, wages and compensation for
None other
6.be from earnings, wages and compensation for services performed, andThe source of payments to be made by the debtor(s) to the undersigned for the unpaid balance remaining, if any, will
None other
7.the value stated:The undersigned has received no transfer, assignment or pledge of property from debtor(s) except the following for
None
8.law firm, any compensation paid or to be paid except as follows:The undersigned has not shared or agreed to share with any other entity, other than with members of undersigned's
None
Dated:
Attorney for Petitioner:
07/07/2011 Respectfully submitted,
Richard McKnight, Esq. LAW OFFICES OF RICHARD McKNIGHT, P.C.330 S. Third Street Suite 900Las Vegas NV 89101
X /s/ Richard McKnight, Esq.
Case 11-20808-bam Doc 1 Entered 07/08/11 10:10:04 Page 46 of 52
UNITED STATES BANKRUPTCY COURT
SOUTHERN DIVISION DISTRICT OF NEVADA
In re MARIUS ANDRE ROCHATaka ANDRE ROCHAT Chapter 11
Case No.
Attorney for Debtor: Richard McKnight, Esq. / Debtor
VERIFICATION OF CREDITOR MATRIX
The above named Debtor(s) hereby verify that the attached list of creditors is true and correct to the
best of our knowledge.
Date:Debtor
07/07/2011 /s/ MARIUS ANDRE ROCHAT
Case 11-20808-bam Doc 1 Entered 07/08/11 10:10:04 Page 47 of 52
MARIUS ANDRE ROCHAT5145 ROGERS ST., #CLas Vegas, NV 89118
Richard McKnight, Esq. 330 S. Third Street Suite 900Las Vegas, NV 89101
AMERICAN EXPRESS BOX 0001Los Angeles, CA 90096-8000
AMERICAS SERVICING COPo Box 10328Des Moines, IA 50306
AMEXPo Box 297871Fort Lauderdale, FL 33329
BAC HOME LOANS SERVICING450 American StSimi Valley, CA 93065
BANK OF AMERICAPo Box 17054Wilmington, DE 19850
BANK OF AMERICAPo Box 1598Norfolk, VA 23501
BANK OF AMERICA N.A.201 N Tryon StCharlotte, NC 28202
BARCLAYS BANK DELAWARE125 S West StWilmington, DE 19801
BLMDSNB9111 Duke BlvdMason, OH 45040
CAPTIAL ONEPo Box 85520Richmond, VA 23285
CHASE201 N Walnut St # De1-10Wilmington, DE 19801
CHASEPo Box 15298Wilmington, DE 19850
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CHASE10790 Rancho Bernardo RdSan Diego, CA 92127
CHASEPo Box 901039Fort Worth, TX 76101
CHEVRONPob 5010 Room 1242Concord, CA 94524
CITGO/CBSDPo Box 6497Sioux Falls, SD 57117
CITIPo Box 6241Sioux Falls, SD 57117
CITI/SHELLPo Box 6497Sioux Falls, SD 57117
CLARK COUNTY ASSESSORc/o BANKRUPTCY CLERK500 S. GRAND CENTRL PARKWAYP.O. BOX #551401Las Vegas, NV 89155-1401
CLARK COUNTY TREASURERc/o BANKRUPTCY CLERK500 S. GRAND CENTRAL PARKWAYP.O. BOX #551220Las Vegas, NV 89155-1220
CREDIT SYSTEMS INTL IN1277 COUNTRY CLUB LNFORT WORTH, TX 76112
DEPT. OF EMPLOYMENT, TRAINING & REHABEMPLOYMENT SECURITY DIVISION500 E. THIRD STREETCarson City, NV 89713
DINERS CLUBPo Box 5113Englewood, CO 80155
DISCOVER FIN SVCS LLCPo Box 15316Wilmington, DE 19850
EMC MORTGAGEPo Box 293150Lewisville, TX 75029
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EXXMBLCITIPo Box 6497Sioux Falls, SD 57117
GEMB/CHEVRON4125 Windward PlzAlpharetta, GA 30005
GMAC MORTGAGE3451 Hammond AveWaterloo, IA 50702
HSBC/COSTCPo Box 15524Wilmington, DE 19850
IBM LBPS14523 Sw Millikan Way StBeaverton, OR 97005
INTERNAL REVENUE SERVICEP.O. BOX #7346Philadelphia, PA 19101-7346
LEWIS MALDONADOUS EPA REGION 9 BK CONTACTOFFICE OF REGIONAL COUNSEL, ORC-375 HAWTHORNE STREETSan Francisco, CA 94105
LOWE'S BUSINESS ACCT/GEMBP.O. BOX 530970Atlanta, GA 30353-0970
MARY JANE JARVISP.O. Box 60232Las Vegas, NV 89160
MCYDSNB9111 Duke BlvdMason, OH 45040
MEDICAL EDGE HEALTHc/o CREDIT SYSTEMS INTL IN1277 COUNTRY CLUB LNFort Worth, TX 76112
NEVADA DEPARTMENT OF TAXATIONBANKRUPTCY SECTION555 E. WASHINGTON AVENUE, #1300Las Vegas, NV 89101
NISSAN MOTOR ACCEPTANCEPo Box 660360Dallas, TX 75266
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NISSAN-INFINITI LT2901 Kinwest PkwyIrving, TX 75063
NVFCU MTGP.o. Box 15400Las Vegas, NV 89114
PLAZA BANK8275 W. FLAMINGO RD.Las Vegas, NV 89147
PNC BANK1 Ncc PkwyKalamazoo, MI 49009
STATE OF NV DEPT. OF MOTOR VEHICLESATTN: LEGAL DIVISION555 WRIGHT WAYCarson City, NV 89711
TARGET NBPo Box 673Minneapolis, MN 55440
THD/CBSDPo Box 6497Sioux Falls, SD 57117
UNITED STATES ATTORNEY'S OFFICEATTN: CIVIL PROCESS CLERK333 LAS VEGAS BOULEVARD, SOUTH, #5000Las Vegas, NV 89101
UNITED STATES TRUSTEE300 LAS VEGASS BOULVARD, SOUTH, #4300Las Vegas, NV 89101
WELLS FARGOPAYMENT REMITTANCE CENTERP.O. BOX 54349Los Angeles, CA 90054-0349
WELLS FARGOPo Box 29704Phoenix, AZ 85038
WELLS FARGO BANKPo Box 5445Portland, OR 97228
WFB-NE4800 Nw 1st Street Suite 300Lincoln, NE 68521
WFDS/WDSPo Box 1697Winterville, NC 28590
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WFNNB/EXPRESS4590 E Broad StColumbus, OH 43213
WORLDS FOREMOST BANK N4800 Nw 1st St Ste 300Lincoln, NE 68521
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