Lark in Petition

8/2/2019 Lark in Petition

1/29

Case 1:12-bk-13500-AA Doc 1 Filed 04/15/12 Entered 04/15/12 18:21:35 DescMain Document Page 1 of 29

CENTRAL CALIFORNIA

Larkin, Sean, Michael

0153

14115 Moorpark Street, #310

Sherman Oaks, California

91423

Los Angeles

xx

x

x

x

x

x

x


2/29


/s/Kenneth Jay Schwartz

Sean Michael Larkin

None

None

April 15, 2012

x

x

x


3/29


/S/ KENNETH JAY SCHWARTZ

Kenneth Jay Schwartz

Law office of Kenneth Jay Schwartz

21031 Ventura Boulevard, Suite 640

Woodland Hills, California 91364

(8l8) 226-1205

Sean Michael Larkin

/s/ Sean Michael Larkin

April 15, 2012

April 15, 2012


4/29


x


5/29

Sean Michael Larkin

United States Bankruptcy CourtCentral District of California

In re

Case No.

Debtor(s)

7Chapter

EXHIBIT D- INDIVIDUAL DEBTORS STATEMENT OF COMPLIANCE WITH

CREDIT COUNSELING REQUIREMENT

WARNING: You must be able to check truthfully one fo the five statements regarding creditcounseling listed below. If you cannot do do, you are not eleigible to file a bankruptcy case, and

the court can dismiss any case you do file. If that happens, you will lose whatever filing fee youpaid, and your creditors will be able to resume collection activities against you. If your case is

dismissed and you file another bankruptcy case later, you may be reqiuired to pay a second filingfee and you may have to take extra steps to stop creditors collection activities.

Every individual debtor must file this Exhibit D. If a joint petition is filed, each spouse must complete andfile a separate Exhibit D. Check one of the five statements below and attach any documents as directed.

1. Within the 180 days before the filing of my case, I received a briefing from a credit counseling agencyapproved by the United States Trustee or bankruptcy administrator that outlined the opportunities for available cred

counseling and assisted me in performing a related budget analysis, and I have a certificate from the agencydescribing the services provided to me. [Attach a copy of the certificate and any debt repayment plan]

2. Within the 180 days before the filing of my case, I received a briefing from a credit counseling agencyapproved by the United States Trustee or bankruptcy administrator that outlined the opportunities for available cred

counseling and assisted me in performing a related budget analysis, but I do not have a certificatefrom the agency describing the services provided to me. [You must file a copy of the certificate and any debt

repayment plan developed throught he agency within 15 days after your bankruptcy case is filed].

3. I certify that I requested credit counseling services from an approved agency but was unable to obtain the services

during the five days from the time I made my request, and the following exigent circumstances merit a temporarywaiver of the credit counseling requirement so that I can file my bankruptcy case now. [Must be accompaniedby a motion for determination by the court. Summarize exigent circumstances here]

If your certification is satisfactory to the court, you must still obtain the credit counseling

briefing within the first 30 days after you file your bankruptcy case and promptly file a certificatefrom the agency that provided the briefing , together with a copy of any debt management plan

developed through the agency. Failure to fulfill these requirements may result in dismissal ofyour case. Any extension fo the 30-day deadline can be granted only for cause and is limited toa maximumof 15 days. Your case may also be dismissed if the court is not satisfied with your

reasons for filing your bankruptcy case without first receiving a credit counseling briefing.

x

Page 1 of 2 Pages

Official Form 1-Exhibit D (Rev 12/09)



6/29

Sean Michael LarkinIn re

Debtor(s)

Page 2 of 2 Pages

EXHIBIT D (Page 2)

4. I am not required to receive a credit counseling briefing because of: [Check the applicable statement. Mustbe accompanied by a motion for determination by the court].

Incapacity. (Defined in 11 U.S.C. 109(h)(4) as impaired by reason of mental illness or mental deficiency

so as to be incapable of realizing and making rational decisions with respect to financial responsibilities);

Disability. (Defined in 11 U.S.C. 109(h)(4) as physically impaired to the extent of being unable, after

reasonable effort, to participate in a credit counseling briefing in person, by telephone, or throughthe internet.

5. The United States Trustee or bankruptcy administrator has determined that the credit counseling requirement

of 11 U.S.C. 109(h) does not apply in this district.

I certify under penalty of perjury that the information provided above is true and correct.

Signature of Debtor:

Date: April 15, 2012


Official Form 1-Exhibit D (Rev 12/09)



7/29

I/we declare under penalty of perjury that the foregoing is true and correct.

Executed at Woodland Hills, California.

Dated: _____________________________ ____________________________________________

Debtor

____________________________________________

Joint Debtor

1. A petition under the Bankruptcy Act of 1898 or the Bankruptcy Reform Act of 1978 has previously been filed

or against the debtor, his/her spouse, or current or former domestic partner, an affiliate of the debtor, any

copartnership or joint venture of which the debtor is or formerly was a general or limited partner, or member

or any corporation of which the debtor is a director, officer, or person in control as follows: (Set forth th

complete number and title of such prior proceeding, date filed, nature thereof, Bankruptcy Judge and court to

whom assigned, whether still pending, and, if not, the disposition thereof. If none, so indicate.)

2. (If petitioner is a partnership or joint venture) A petition under the Bankruptcy Act of 1898 or the

Bankruptcy Reform Act of 1978 has previously been filed by or against the debtor, or a general partner in the

debtor, a relative of the general partner, general partner of, or person in control of the debtor, partnershi

in which the debtor is a general partner, general partner of the debtor, or person in control of the debtor

as follows: (Set forth the complete number and title of such prior proceeding, date filed, nature thereof,

Bankruptcy Judge and court to whom assigned, whether still pending, and, if not, the disposition thereof.

If none, so indicate.)

3. (If debtor is a corporation) A petition under the Bankruptcy Act of 1898 or the Bankruptcy Reform Act of

1978 has previously been filed by or against the debtor, or any of its affiliates or subsidiaries, an officer

or director of the debtor, a partnership in which the debtor is a general partner, a general partner of the

debtor, a relative of the general partner, director, officer, or person in control of the debtor, or any

person/entity owning 20% or more of its voting stock as follows: (Set forth the complete number and title of

such prior proceeding, date filed, nature thereof, Bankruptcy Judge and court to whom assigned, whether still

pending, and, if not, the disposition thereof. If none, so indicate.)

4. (If petitioner is an individual) A petition under the Bankruptcy Reform Act of 1978 has been filed by or

against the debtor within the last 180 days: (Set forth the complete number and title of such prior proceedin

date filed, nature thereof, Bankruptcy Judge and court to whom assigned, whether still pending, and, if not,

disposition thereof. If none, so indicate.)

None

N/A

N/A

None

April 15,2012

INFORMATION REQUIRED BY LOCAL RULE 1015-2

UNITED STATES BANKRUPTCY COURT, CENTRAL DISTRICT OF CALIFORNIA


January 2009 F 1015-2.1

STATEMENT OF RELATED CASES



8/29

Sean Michael Larkin

7

Attorney for Debtor(s)

CENTRAL STATES BANKRUPTCY COURTCENTRAL DISTRICT OF CALIFORNIA

(List all names, including trade names usedby Debtor(s) within last 8 years) CHAPTER

CASE NO.

In re:

NOTICE OF AVAILABLECHAPTERS

In accordance with 342(b) of the Bankruptcy Code, this notice: (1) Describes briefly the services availabl

from credit counseling services; (2) Describes briefly the purposes, benefits and costs of the four types

of bankruptcy proceedings you may commence; and (3) Informs you about bankruptcy crimes and notifies you

that the Attorney General may examine all information you supply in connection with a bankruptcy case.

You are cautioned that bankruptcy law is complicated and not easily described. Thus, you may wish to seek

the advice of an attorney to learn your rights and responsibilities should you decide to file a petition.

Court employees cannot give you legal advice.

1. Services Available from Credit Counseling Agencies

With limited exceptions, 109(h) of the Bankruptcy Code requires that all individua

debtors who file for bankruptcy relief on or after October 17, 2005, receive a

briefing that outlines the available opportunities for credit counseling and provid

assistance in performing a budget analysis. The briefing must be given within 180 days

before the bankruptcy filing. The briefing may be provided individually or in a group (including

briefings conducted by telephone or on the internet) and must be provided by a nonprofit budget or

counseling agency approved by the United States trustee or bankruptcy administrator. The clerk of

the Bankruptcy Court has a list that you may consult of the approved budget and counseling agencies.

In addition, after filing a bankruptcy case, an individual debtor generally must

complete a financial management instructional course before he/she can receive a

discharge. The clerk of the Bankruptcy Court also has a list of approved financial management

instructional courses.

2. The Four Chapters of the Bankruptcy Code Available to Individual Consumer Debtors

Chapter 7: Liquidation ($252 filing fee, $39 administrative fee, $15 trustee

surcharge: Total Court Fee: $306)

1. 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 determine whethr the case should be permitted to proceed under Chapter 7. If

your income is greater than the median income for your state of residence and family size, in some

cases, creditors have the right to file a motion requesting that the court dismiss your case under

707(b) of the Bankruptcy Code. It is up to the court to dscide whether the case should be

dismissed.

[Page 1 of 3 Pages]

[Notice to Individual Debtor Under342(b) of the Bankruptcy Code]

Kenneth Jay Schwartz (#99548)

LAW OFFICE OF KENNETH JAY SCHWARTZ


Woodland Hills, California 91364

Telephone: (818) 226-1205

Facsimile: (818) 226-1213

B201-Notice of Available Chapters (Rev. 11/11) USBC, Central District of CalifornCase 1:12-bk-13500-AA Doc 1 Filed 04/15/12 Entered 04/15/12 18:21:35 Desc

Main Document Page 8 of 29


9/29

2. Under Chapter 7, you may claim certain of your property as exempt under governing law. A trustee may

have the right to take possession of and sell the remaining property that is not exempt and use the sale

proceeds to pay your creditors.

3. The purpose of filing a Chapter 7 is to obtain a discharge of your existing debts. If, however, you

are found to have committed certain kinds of improper conduct described in the Bankruptcy Code, the Cour

may deny your discharge, and if it does, the purpose for which you filed the bankruptcy petition wiil be

defeated.

4. 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 non-

dischargeable taxes; domestice support and property settlement obligations; most fines, penalties,

forefeitures, and criminal restitution obligations; certain debts which are not properly listed in your

bankruptcy papers; and debts for death or personal injury caused by operating a motor vehicle, vessel,

or aircraft while intoxicated from alcohol or drugs. Also, if a creditor can prove that a debt arose

from fraud, breach of a fiduciary duty, or theft, or from a willful and malicious injury, the bankruptcy

court may determine that the debt is not discharged.

Chapter 13: Repayment of All or Part of the Debts of an Individual with Regular

Income ($242 filing fee, $39 administrative fee: Total Court Fee: $281)

1. 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 exceed certain dollar amounts set forth in the Bankruptcy Code.

2. Under Chapter 13, you must file with the court a plan to repay your creditors all or part of the

money that you owe them, using future earnings. The period allowed by the court to repay your debts may

be three years or five years, depending upon your income and other factors. The court must approve your

plan before it can take effect.

3. After completing the payments under your plan, your debts are generally discharged except for

domestic support obligations; most student loans; certain taxes; most criminal fines and restitution

obligations; certain debts which 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 ($1,007 filing fee, $39 administrative fee: Total

Court Fee $1,046)

Chapter 11 is designed for the reorganization of a business but is also available for consumer debtors.

Its provisions are quite complicated, and any decision by an individual to file a Chapter 11 petition

should be reviewed with an attorney.

Chapter 12: Family Farmer or Fisherman ($207 filing feel $39 administrative fee:

Total Court Fee $246)

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 restictive,

limiting its use to those whose 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 penalty

of perjury, either orally or in writing, in connection with a bankruptcy case is subject to fine,

imprisonment, or both. All information supplied by a debtor in connection with a bankruptcy case is

subject to examination by the Attorney 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 your creditors, assets, liabilities, income, expenses and general financial condition. Your bankrupt

case may be dismissed if this information is not filed with the court within the deadlines set by the Bankruptc

Code, Bankruptcy Rules, and the local rules of the court.

[Page 2 of 3 Pages]



10/29

[Page 3 of 3 Pages]

CERTIFICATE OF NON-ATTORNEY BANKRUPTCY PETITION PREPARER

I , the non-attorney bankruptcy petition preparer signing the debtors petition, hereby certify that I delivered to the debtor this

notice required by 342(b) of the Bankruptcy Code.

Printed or Typed Name of Bankruotcy Petition Preparer Complete Social Security Number

Address

DateSignature of Bankruptcy Petition Preparer

CERTIFICATE OF THE DEBTOR(S)

I/We affirm that we have received and read this notice.

Printed Name(s) of Debtor(s)

Case No. (if known)

Dated:

Signature of Debtor

Signature of Co-Debtor

April 15, 2012

Sean Michael Larkin




11/29

UNITED STATES BANKRUPTCY COURT

Case No.:

Chapter:

In reSean Michael Larkin

7

Form B8 (Official form 8) - (Rev. 12/08) - Page 1 2008 USBC, Central Disctrict of California

Central District of California

CHAPTER 7 INDIVIDUAL DEBTORS STATEMENT OF INTENTIONPART A - Debts secured by property of the estate. (Part A must be fully completed for EACH debtwhich is securec by property of the estate. Attach additional pages if necessary.)

Property No. 1

Creditors Name:

Bank of America/Bank of America

Describe Property Securing Debt:

Debtors residence

Property will be (check one):

x

xWill continue to pay

Surrendered Retained

If retaining the property, I intend to (check at least one):

Redeem the property

Reaffirm the debt

Other. Explain (for example,

avoid lien using 11 U.S.C. 522(f)).Property is (check one):

x Claimed as exempt Not claimed as exempt

Property No. 2 (if necessary)Creditors Name: Describe Property Securing Debt:Ford Credit

2011 Ford Flex

Property will be (check one):

x

x

x

Surrendered Retained

If retaining the property, I intend to (check at least one):

Redeem the property

Reaffirm the debtOther. Explain (for example,

avoid lien using 11 U.S.C. 522(f)).

Property is (check one):

Claimed as exempt Not claimed as exempt

Debtor



12/29

Form B8 (Official Form 8) - (Rev. 12/08) - Page 2 2008 USBC, Central District of Califonria

Part B - Personal property subject to unexpired leases. (All three columns of Part B must b

completed for each unexpired lease. Attached additional pages if necessary.)

Property No. 1

Lessors Name: Describe Leased Property:Lease will be Assumed

pursuant to 11 U.S.C.

365(p)(2):

YES NO

Property No. 2 (if necessary)

Lessors Name:Describe Leased Property: Lease will be Assumed


365(p)(2):

YES NO

Property No. 3 (if necessary)

Lessors Name:Describe Leased Property: Lease will be Assumed


365(p)(2):

YES NO

continuation sheets attached (if any)

I declare under penalty of perjury that the above indicates my intention as to any proper

of my estate securing a debt and/or personal property subject to an enexpired lease.

Date:

Signature of Debtor

Signature of Joint Debtor

None

0

April 15, 2012




13/29


x

x

*This amount includes the Court filing fee

Sean Michael Larkin

Chapter 7

2,806*2,806

0


14/29


See Declaration re: Limited Scope of Appearance

/s/ Kenneth Jay Schwartz

Law Office of Kenneth Jay Schwartz

April 15, 2012


15/29

DECLARATION RE: LIMITED SCOPE OF APPEARANCEPURSUANT TO LOCAL BANKRUPTCY RULE 2090-1(a)(3)

TO THE COURT, DEBTOR(S), THE TRUSTEE (if any) AND THE UNITED STATES TRUSTEE:

1. I am the attorney for the Debtor(s) in the above-captioned Bankruptcy case.

2. On , I agreed with the Debtor(s) that for a fee

of $ , I would provide only the following services:

a. Prepare and file Petition and Schedules

b. Represent the Debtor(s) at the 341(a) Hearing

c. Represent the Debtor(s) in any Relief from Stay actions for the first 2 hours

thereof; thereafter at an hourly rate of $ .

Represent the Debtor(s) in any proceeding involving an objection to Debtors

discharge pursuant to 11 U.S.C. 727 for the first 2 hours


e. Represent the Debtor(s) in any proceeding to determine whether a specific

debt is nondischargeable under 11 U.S.C. 523 for the first 2 hours


f. Other:

3. I declare under penalty of perjury under the laws of the United States of America

that the foregoing is true and correct and that this declaration was executed on

the following date at the city set forth in the upper left hand corner of this page

Sean Michael Larkin 7

April 15, 2012

2,500

x

x

April 15, 2012

UNITED STATES BANKRUPTCY COURT

CENTRAL DISTRICT OF CALIFORNIA

CHAPTER CASE NUMBER

(No Hearing Required)

In re:

Debtor(s).

DATED:

I/WE HEREBY APPROVE THE ABOVE.

Debtor

Joint Debtor

LAW OFFICES OF

KENNETH JAY SCHWARTZ

By: KENNETH JAY SCHWARTZ

Attorney for Debtor(s)

d.

( )

( )

( )

KENNETH JAY SCHWARTZ, ESQ, (#99548)

LAW OFFICES OF KENNETH JAY SCHWARTZ


Woodland Hills, California 91364-2203

(818) 226-1205

Attorneys for: Debtor(s)

/s/ Sean Michael Larkin/s/ Kenneth Jay Schwartz

Attendance at any reaffirmation agreement hearing in Court will require

payment of additional attorneys fees, paid in advance, of $250.00.

Debtors initials



16/29


Sean Michael Larkin

x

x


17/29



18/29



19/29



20/29



21/29



22/29



23/29



24/29


April 15, 2012 /s/ Sean Michael Larkin


25/29

Social Security No. DebtorSocial Security No. _______________________Joint DebtorDebtors Tax I.D. No.

_________________________________________

Sean Michael Larkin

xxx-xx-0153

7

UNITED STATES BANKRUPTCY COURTCENTRAL DISTRICT OF CALIFORNIA

List all names, including trade names usedby Debtor(s) within last 6 years:

))))))))))

CHAPTER

CASE NO.

VERIFICATION OF CREDITOR MATRIX

The above-named debtor(s), or debtors attorney if applicable,do hereby certify under penalty of perjury that the attached MasterMailing list of creditors, consisting of ____ sheet(s) is complete,correct, and consistent with the debtors schedules pursuant toLocal Bankruptcy Rule 105(6), and I/we assume all responsibilityfor errors and omissions.

Date:Debtor

Attorney (if applicable) Joint Debtor

April 15, 2012

KENNETH JAY SCHWARTZ (#99548)LAW OFFICE OF KENNETH JAY SCHWARTZ21031 Ventura Boulevard, Suite 640Woodland Hills, California 91364-2226(818) 226-1205 Facsimile: (818) 226-1213

Attorney for: Debtor

Sean Michael Larkin

/s/ Kenneth Jay Schwartz

/s/


4


26/29

Sean Michael Larkin14115 Moorpark Street #310Sherman Oaks, CA 91423

Kenneth Jay Schwartz Esq21031 Ventura BoulevardSuite 640Woodland Hills, CA 91364

Office of the US Trustee21051 Warner Center Lane #115Woodland Hills, CA 91367



27/29

Alan D Wilner Esq847 N Hollywood Way #201Burbank, CA 91505-2826

American Expressc/o Zwicker & Associates199 S Los Robles Ave #410Pasadena, CA 91101

American ExpressPO Box 297858Ft Lauderdale, FL 33329-7858

Bank of America Home LoansCustomer ServicePO Box 5170Simi Valley, CA 93062-5170

Bank of America Home LoansCustomer ServicePO Box 5170Simi Valley, CA 93062-5170

Bank of AmericaPO Box 982235El Paso, TX 79998-2235

Citi MastercardCustomer ServicePO Box 6500Sioux Falls, SD 57117

Citi MastercardCustomer ServicePO Box 6500Sioux Falls, SD 57117



28/29

CitiBusiness CardPO Box 6235Sioux Falls, SD 57117-6235

Darlene Lieblich Tiptonc/o Stanley P Lieber Esq1680 N Vine Street #617Los Angeles, CA 90068

El Cubano Music Incc/o Richard A Kobler Esq2029 Century Park East #900Los Angeles, CA 90067-2910

Franchise Tax BoardSpecial Proc/BankruptcyPO Box 2952Sacramento, CA 95812-2952

George Pajon Jrc/o Richard A Kobler Esq2029 Century Park East #900Los Angeles, CA 90067-2910

Haber Corporation16830 Ventura Blvd #501Encino, CA 91436

Harris L Cohen Esq5305 Andasol AvenueEncino, CA 91316

Harris L Cohen Esq5305 Andasol AvenueEncino, CA 91316



29/29

Internal Revenue ServicePO Box 7346Philadelphia, PA 19101

John E Larkin13701 Riverside Drive 8th FlSherman Oaks, CA 91423

Marcus Heisserc/o Loyst P Fletcher Esq3660 Wilshire Blvd #818Los Angeles, CA 90010

Miller Barondess LLP1999 Avenue of the StarsSuite 1000Los Angeles, CA 90067

National Bankruptcy ServiceCenter (Ford Credit)PO Box 6275Dearborn, MI 48121

United Overseas Investments13701 Riverside Drive #310Sherman Oaks, CA 91423


Documents

Lark in Petition