Jack Rettig v. Ronald E. Bruno, Christopher Garcia, Sergio Lopez, Patrick G. Mendoza, and Troy J. Williams ( 2015 )

ACCEPTED
04-15-00350-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
11/17/2015 11:10:38 AM
KEITH HOTTLE
CLERK
No. 04-15-00350-CV
FILED IN
IN THE COURT OF APPEALS FOR THE 4th COURT OF APPEALS
FOURTH COURT OF APPEALS DISTRICT SAN ANTONIO, TEXAS
SAN ANTONIO, TEXAS 11/17/2015 11:10:38 AM
______________ KEITH E. HOTTLE
Clerk
JACK RETTIG,
APPELLANT,
V.
RONALD E. BRUNO; CHRISTOPHER GARCIA; SERGIO LOPEZ; PATRICK G.
MENDOZA; TROY J. WILLIAMS,
APPELLEES.
______________
NOTICE OF BANKRUPTCY
Lance H. “Luke” Beshara
Texas State Bar No. 24045492
lbeshara@pulmanlaw.com
Leslie Sara Hyman
Texas State Bar No. 00798274
lhyman@pulmanlaw.com
Brandon L. Grubbs
Texas State Bar No. 24072130
bgrubbs@pulmanlaw.com
PULMAN, CAPPUCCIO,
PULLEN, BENSON & JONES, LLP
2161 N.W. Military Hwy., Suite 400
San Antonio, Texas 78213
(210) 222-9494 Telephone
(210) 892-1610 Facsimile
ATTORNEYS FOR APPELLEE PATRICK G. MENDOZA
TO THE HONORABLE JUSTICES OF THE FOURTH COURT OF APPEALS:
Now comes Appellee Patrick G. Mendoza (“Mendoza”) and files this Notice of
Bankruptcy, and in support thereof would respectfully show the Court as follows:
The bankrupt party’s name is Patrick G. Mendoza.
The court in which the bankruptcy proceeding is pending is the United States
Bankruptcy Court for the Western District of Texas, San Antonio Division. The case has
been assigned to the Hon. Judge Craig A. Gargotta.
The bankruptcy case is styled and numbered In re Patrick G. Mendoza and Gloria
C. Mendoza; Case No. 15-52801-cag.
The bankruptcy case was filed on November 16, 2015.
A copy of the docket sheet and petition is attached as proof of the bankruptcy.
Respectfully submitted,
PULMAN, CAPPUCCIO,
PULLEN, BENSON & JONES, LLP
300 Burnett Street, Suite 150
Fort Worth, Texas 76102
(817) 289-9494 Telephone
(817) 870-9852 Facsimile
By:_/s/ Lance H. “Luke” Beshara____
Lance H. “Luke” Beshara
Texas State Bar No. 24045492
lbeshara@pulmanlaw.com
Leslie Sara Hyman
Texas State Bar No. 00798274
lhyman@pulmanlaw.com
Brandon L. Grubbs
Texas State Bar No. 24072130
bgrubbs@pulmanlaw.com
ATTORNEYS FOR PATRICK G. MENDOZA
̶ 2 ̶
CERTIFICATE OF SERVICE
I certify that on the 17th day of November, 2015, the foregoing document was e-
filed with the Clerk of the Fourth Court of Appeals and was served by mail or by email or
e-service as indicated below, upon the following:
Via Email or E-File Service:
Audrey Mullert Vicknair
LAW OFFICE OF AUDREY MULLERT VICKNAIR
802 N. Carancahua, Suite 1350
Corpus Christi, Texas 78401-0022
Via Email or E-File Service:
C.M. “Skip” Henkel III
FRITZ, BYRNE, HEAD & FITZPATRICK, PLLC
500 N. Shoreline, Suite 901
Corpus Christi, Texas 78401
Via Email or E-File Service:
Jana K. Terry
BECKSTEAD TERRY, PLLC
9442 N. Capital of Texas Highway
Arboretum Plaza One, Suite 500
Austin, Texas 78759
Via Email or E-File Service:
Carlos Evaristo Flores
PERSON, WHITWORTH, BORCHERS & MORALES, LLP
602 E. Calton Road, 2nd Floor
P.O. Drawer 6668
Laredo, Texas 78042-6668
Via USPS Mail:
Ronald E. Bruno
2838 Woodside Street
Dallas, Texas 75204
̶ 3 ̶
Via Email or E-File Service:
Darrell W. Cook
DARRELL W. COOK & ASSOCIATES, P.C.
One Meadows Building
5005 Greenville Ave., Ste. 200
Dallas, Texas 75206
Via Email or E-File Service:
Ralph R. Perez
THE CAVADA LAW OFFICE
4646 Corona Street, Suite 165
Corpus Christi, Texas 78411
/s/ Lance H. “Luke” Beshara
Lance H. “Luke” Beshara
̶ 4 ̶
11/17/2015 U.S.B.C. Western District of Texas (LIVE)
DEBTED, CREDCOUNJT, CREDCOUN, DEBTEDJT
U.S. Bankruptcy Court
Western District of Texas (San Antonio)
Bankruptcy Petition #: 15­52801­cag
Date filed:  11/16/2015
Assigned to: Judge Craig A. Gargotta 341 meeting:  12/15/2015
Chapter 7 Deadline for objecting to discharge:  02/16/2016
Voluntary
Asset
Debtor represented by Ralph R. Perez
Patrick Mendoza, G  The Cavada Law Office
7534 Steeple Dr.  4646 Corona, Ste. 165
San Antonio, TX 78256  Corpus Christi, TX 78411
BEXAR­TX  (361) 814­6500
SSN / ITIN: xxx­xx­0559 Fax : (361) 814­8618
Email: ralph.perez@cavadalawoffice.com
Debtor represented by Ralph R. Perez
Gloria C. Mendoza  (See above for address)
7534 Steeple Dr.
San Antonio, TX 78256
BEXAR­TX
SSN / ITIN: xxx­xx­4403
Trustee
Randolph N Osherow
342 W Woodlawn, Suite 100
San Antonio, TX 78212
(210) 738­3001
Filing Date # Docket Text
1  Voluntary Petition under Chapter 7 Without Schedules, Without
(7 pgs) Statements, (Filing Fee: $ 335) Filed By Patrick Mendoza G, Gloria
C. Mendoza. ­Declaration for Electronic Filing due by 11/23/2015
11/16/2015 (Perez, Ralph)
2  Meeting of Creditors & Notice of Appointment of Interim Trustee
(2 pgs) Randolph N Osherow, added to the case. with 341(a) meeting to be
held on 12/15/2015 at 11:00 AM at San Antonio Room 333.
https://ecf.txwb.uscourts.gov/cgi­bin/DktRpt.pl?827434711958691­L_1_0­1 1/2
11/17/2015 U.S.B.C. Western District of Texas (LIVE)
11/17/2015 Objections for Discharge due by 02/16/2016. (Admin, )
PACER Service Center
Transaction Receipt
11/17/2015 10:52:48
PACER Client
fl0508:2792575:0 Mendoza/Rettig
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15-52801-cag Doc#1 Filed 11/16/15 Entered 11/16/15 23:09:17 Main Document Pg 1 of 7
B1 (Official Form 1) (04/13)
United States Bankruptcy Court
WESTERN DISTRICT OF TEXAS Voluntary Petition
SAN ANTONIO DIVISION
Name of Debtor (if individual, enter Last, First, Middle): Name of Joint Debtor (Spouse) (Last, First, Middle):
Mendoza, Patrick G. Mendoza, Gloria C.
All Other Names used by the Debtor in the last 8 years All Other Names used by the Joint Debtor in the last 8 years
(include married, maiden, and trade names): (include married, maiden, and trade names):
Last four digits of Soc. Sec. or Individual-Taxpayer I.D. (ITIN)/Complete EIN (if more Last four digits of Soc. Sec. or Individual-Taxpayer I.D. (ITIN)/Complete EIN (if more
than one, state all): xxx-xx-0559 than one, state all): xxx-xx-4403
Street Address of Debtor (No. and Street, City, and State): Street Address of Joint Debtor (No. and Street, City, and State):
7534 Steeple Dr. 7534 Steeple Dr.
San Antonio, TX San Antonio, TX
ZIP CODE ZIP CODE
78256 78256
County of Residence or of the Principal Place of Business: County of Residence or of the Principal Place of Business:
Bexar Bexar
Mailing Address of Debtor (if different from street address): Mailing Address of Joint Debtor (if different from street address):
7534 Steeple Dr.
San Antonio, TX
ZIP CODE ZIP CODE
78256
Location of Principal Assets of Business Debtor (if different from street address above):
ZIP CODE
Type of Debtor Nature of Business Chapter of Bankruptcy Code Under Which
(Form of Organization) (Check one box.) the Petition is Filed (Check one box.)
(Check one box.) Health Care Business Chapter 7
Individual (includes Joint Debtors) Single Asset Real Estate as defined Chapter 9 Chapter 15 Petition for Recognition
See Exhibit D on page 2 of this form. in 11 U.S.C. § 101(51B) of a Foreign Main Proceeding
Chapter 11
Corporation (includes LLC and LLP) Railroad
Chapter 12 Chapter 15 Petition for Recognition
Stockbroker of a Foreign Nonmain Proceeding
Partnership Chapter 13
Commodity Broker
Other (If debtor is not one of the above entities, check
this box and state type of entity below.) Clearing Bank Nature of Debts
Other (Check one box.)
Chapter 15 Debtors Tax-Exempt Entity Debts are primarily consumer Debts are primarily
Country of debtor's center of main interests: (Check box, if applicable.) debts, defined in 11 U.S.C. business debts.
Debtor is a tax-exempt organization § 101(8) as "incurred by an
Each country in which a foreign proceeding by, regarding, or under title 26 of the United States individual primarily for a
against debtor is pending: Code (the Internal Revenue Code). personal, family, or house-
hold purpose."
Filing Fee (Check one box.) Check one box: Chapter 11 Debtors
Debtor is a small business debtor as defined by 11 U.S.C. § 101(51D).
Full Filing Fee attached.
Debtor is not a small business debtor as defined in 11 U.S.C. § 101(51D).
Filing Fee to be paid in installments (applicable to individuals only). Must attach Check if:
signed application for the court's consideration certifying that the debtor is Debtor's aggregate noncontigent liquidated debts (excluding debts owed to
unable to pay fee except in installments. Rule 1006(b). See Official Form 3A. insiders or affiliates) are less than $2,490,925 (amount subject to adjustment
on 4/01/16 and every three years thereafter).
Filing Fee waiver requested (applicable to chapter 7 individuals only). Must Check all applicable boxes:
attach signed application for the court's consideration. See Official Form 3B. A plan is being filed with this petition.
Acceptances of the plan were solicited prepetition from one or more classes
of creditors, in accordance with 11 U.S.C. § 1126(b).
Statistical/Administrative Information THIS SPACE IS FOR
COURT USE ONLY
Debtor estimates that funds will be available for distribution to unsecured creditors.
Debtor estimates that, after any exempt property is excluded and administrative expenses paid,
there will be no funds available for distribution to unsecured creditors.
Estimated Number of Creditors
1-49 50-99 100-199 200-999 1,000- 5,001- 10,001- 25,001- 50,001- Over
5,000 10,000 25,000 50,000 100,000 100,000
Estimated Assets
$0 to $50,001 to $100,001 to $500,001 $1,000,001 $10,000,001 $50,000,001 $100,000,001 $500,000,001 More than
$50,000 $100,000 $500,000 to $1 million to $10 million to $50 million to $100 million to $500 million to $1 billion $1 billion
Estimated Liabilities
$0 to $50,001 to $100,001 to $500,001 $1,000,001 $10,000,001 $50,000,001 $100,000,001 $500,000,001 More than
$50,000 $100,000 $500,000 to $1 million to $10 million to $50 million to $100 million to $500 million to $1 billion $1 billion
Computer software provided by LegalPRO Systems, Inc., San Antonio, Texas (210) 561-5300, Copyright 1996-2015 (Build 11.2.8.1, ID 1414500706)
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B1 (Official Form 1) (04/13) Page 2
Voluntary Petition Name of Debtor(s): Patrick G. Mendoza
Gloria C. Mendoza
(This page must be completed and filed in every case.)
All Prior Bankruptcy Cases Filed Within Last 8 Years (If more than two, attach additional sheet.)
Location Where Filed: Case Number: Date Filed:
None
Location Where Filed: Case Number: Date Filed:
Pending Bankruptcy Case Filed by any Spouse, Partner or Affiliate of this Debtor (If more than one, attach additional sheet.)
Name of Debtor: Case Number: Date Filed:
District: Relationship: Judge:
Exhibit A Exhibit B
(To be completed if debtor is required to file periodic reports (e.g., forms 10K and (To be completed if debtor is an individual
10Q) with the Securities and Exchange Commission pursuant to Section 13 or 15(d) whose debts are primarily consumer debts.)
of the Securities Exchange Act of 1934 and is requesting relief under chapter 11.) I, the attorney for the petitioner named in the foregoing petition, declare that I have
informed the petitioner that [he or she] may proceed under chapter 7, 11, 12, or 13
of title 11, United States Code, and have explained the relief available under each
Exhibit A is attached and made a part of this petition. such chapter. I further certify that I have delivered to the debtor the notice
required by 11 U.S.C. § 342(b).
X /s/ Adelita Cavada 11/16/2015
Adelita Cavada Date
Exhibit C
Does the debtor own or have possession of any property that poses or is alleged to pose a threat of imminent and identifiable harm to public health or safety?
Yes, and Exhibit C is attached and made a part of this petition.
No.
Exhibit D
(To be completed by every individual debtor. If a joint petition is filed, each spouse must complete and attach a separate Exhibit D.)
Exhibit D, completed and signed by the debtor, is attached and made a part of this petition.
If this is a joint petition:
Exhibit D, also completed and signed by the joint debtor, is attached and made a part of this petition.
Information Regarding the Debtor - Venue
(Check any applicable box.)
Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 180 days immediately
preceding the date of this petition or for a longer part of such 180 days than in any other District.
There is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this District.
Debtor is a debtor in a foreign proceeding and has its principal place of business or principal assets in the United States in this District, or has no
principal place of business or assets in the United States but is a defendant in an action or proceeding [in a federal or state court] in this District,
or the interests of the parties will be served in regard to the relief sought in this District.
Certification by a Debtor Who Resides as a Tenant of Residential Property
(Check all applicable boxes.)
Landlord has a judgment against the debtor for possession of debtor's residence. (If box checked, complete the following.)
(Name of landlord that obtained judgment)
(Address of landlord)
Debtor claims that under applicable nonbankruptcy law, there are circumstances under which the debtor would be permitted to cure the entire
monetary default that gave rise to the judgment for possession, after the judgment for possession was entered, and
Debtor has included with this petition the deposit with the court of any rent that would become due during the 30-day period after the filing of the
petition.
Debtor certifies that he/she has served the Landlord with this certification. (11 U.S.C. § 362(l)).
Computer software provided by LegalPRO Systems, Inc., San Antonio, Texas (210) 561-5300, Copyright 1996-2015 (Build 11.2.8.1, ID 1414500706)
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B1 (Official Form 1) (04/13) Page 3
Voluntary Petition Name of Debtor(s): Patrick G. Mendoza
Gloria C. Mendoza
(This page must be completed and filed in every case)
Signatures
Signature(s) of Debtor(s) (Individual/Joint) Signature of a Foreign Representative
I declare under penalty of perjury that the information provided in this petition is I declare under penalty of perjury that the information provided in this petition is true
true and correct. and correct, that I am the foreign representative of a debtor in a foreign proceeding,
[If petitioner is an individual whose debts are primarily consumer debts and has and that I am authorized to file this petition.
chosen to file under chapter 7] I am aware that I may proceed under chapter 7,
11, 12 or 13 of title 11, United States Code, understand the relief available under
(Check only one box.)
each such chapter, and choose to proceed under chapter 7.
[If no attorney represents me and no bankruptcy petition preparer signs the I request relief in accordance with chapter 15 of title 11, United States Code.
petition] I have obtained and read the notice required by 11 U.S.C. § 342(b). Certified copies of the documents required by 11 U.S.C. § 1515 are attached.
I request relief in accordance with the chapter of title 11, United States Code, Pursuant to 11 U.S.C. § 1511, I request relief in accordance with the chapter of
specified in this petition. title 11 specified in this petition. A certified copy of the order granting
recognition of the foreign main proceeding is attached.
X /s/ Patrick G. Mendoza
Patrick G. Mendoza
X
/s/ Gloria C. Mendoza (Signature of Foreign Representative)
X Gloria C. Mendoza
(Printed Name of Foreign Representative)
Telephone Number (If not represented by attorney)
11/16/2015
Date Date
Signature of Attorney* Signature of Non-Attorney Bankruptcy Petition Preparer
I declare under penalty of perjury that: (1) I am a bankruptcy petition preparer as
X /s/ Adelita Cavada defined in 11 U.S.C. § 110; (2) I prepared this document for compensation and
Adelita Cavada Bar No. 24084882 have provided the debtor with a copy of this document and the notices and
information required under 11 U.S.C. §§ 110(b), 110(h), and 342(b); and, (3) if rules
or guidelines have been promulgated pursuant to 11 U.S.C. § 110(h) setting a
Cavada Law Office
maximum fee for services chargeable by bankruptcy petition preparers, I have
4646 Corona, Ste. 165 given the debtor notice of the maximum amount before preparing any document
Corpus Christi, Texas 78411 for filing for a debtor or accepting any fee from the debtor, as required in that
section. Official Form 19 is attached.
(361) 814-6500
Phone No.______________________ (361) 814-8618
Fax No.______________________
Printed Name and title, if any, of Bankruptcy Petition Preparer
11/16/2015
Date
*In a case in which § 707(b)(4)(D) applies, this signature also constitutes a Social-Security number (If the bankruptcy petition preparer is not an individual,
certification that the attorney has no knowledge after an inquiry that the state the Social-Security number of the officer, principal, responsible person or
information in the schedules is incorrect. partner of the bankruptcy petition preparer.) (Required by 11 U.S.C. § 110.)
Signature of Debtor (Corporation/Partnership)
I declare under penalty of perjury that the information provided in this petition is
true and correct, and that I have been authorized to file this petition on behalf of
the debtor.
Address
The debtor requests relief in accordance with the chapter of title 11, United States
Code, specified in this petition.
X
Date
X Signature of bankruptcy petiton preparer or officer, principal, responsible person, or
partner whose Social-Security number is provided above.
Signature of Authorized Individual
Names and Social-Security numbers of all other individuals who prepared or
assisted in preparing this document unless the bankruptcy petition preparer is not
Printed Name of Authorized Individual an individual.
Title of Authorized Individual If more than one person prepared this document, attach additional sheets
conforming to the appropriate official form for each person.
A bankruptcy petition preparer's failure to comply with the provisions of title 11
Date and the Federal Rules of Bankruptcy Procedure may result in fines or
imprisonment or both. 11 U.S.C. § 110; 18 U.S.C. § 156.
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UNITED STATES BANKRUPTCY COURT
WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION
IN RE: Patrick G. Mendoza CASE NO
Gloria C. Mendoza
CHAPTER 7
VERIFICATION OF CREDITOR MATRIX
The above named Debtor hereby verifies that the attached list of creditors is true and correct to the best of his/her
knowledge.
Date 11/16/2015 Signature /s/ Patrick G. Mendoza
Patrick G. Mendoza
Date 11/16/2015 Signature /s/ Gloria C. Mendoza
Gloria C. Mendoza
15-52801-cag Doc#1 Filed 11/16/15 Entered 11/16/15 23:09:17 Main Document Pg 5 of 7
Agri Accept
PO Box 14535
Des Moines, IA 50306
Amex
Correspondence
PO Box 981540
El Paso, TX 79998
Bby/cbna
Po Box 6497
Sioux Falls, SD 57117
Belfass FSS, LLC
c/o Marc Matthews
One Allen Center
500 Dallas St., Ste. 1300
Houston, Texas 77002
Capital One
Attn: Bankruptcy
PO Box 30285
Salt Lake City, UT 84130
Citibank / Sears
Citicorp Credit Services/Attn: Centraliz
PO Box 790040
Saint Louis, MO 63179
Compass Bank/BBVA Compass Bk
Attn: Bankruptcy
PO Box 10566
Birmingham, AL 35296
Compass Bank/BBVA Compass Bk
Attn:Bankruptcy
PO Box 10566
Birmingham, AL 35296
Compass Bk
Attn:Bankruptcy
PO Box 10566
Birmingham, AL 35296
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Ford Motor Credit
PO Box 62180
Colorado Springs, CO 80962
Green Bank
c/o D. Brent Wells
440 Louisiana, Ste 718
Houston, Texas 77002
IC Systems, Inc
444 Highway 96 East
PO Box 64378
St Paul, MN 55164
Jack Rettig
c/o Audrey Vicknair
802 N. Carancahua, Ste. 1350
Corpus Christi, Texas 78401
Mb Fin Svcs
36455 Corporate Dr
Farmington Hills, MI 48331
National City Mortgage/PNC Mtg
Attn: Bankruptcy Department
3232 Newmark Dr.
Miamisburg, OH 45342
Nationstar Mortgage LLC
Attn: Bankruptcy
350 Highland Dr
Lewisville, TX 75067
Nordstrom/td
Po Box 13589
Scottsdale, AZ 85267
Synchrony Bank/ JC Penneys
Attn: Bankrupty
PO Box 103104
Roswell, GA 30076
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Synchrony Bank/TJX
Attn: Bankruptcy
PO Box 103104
Roswell, GA 30076
Toyota Motor Credit Co
14100 San Pedro Ave Ste
San Antonio, TX 78232
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No-As Pg 1 of 2
B9A (Official Form 9A) (Chapter 7 Individual or Joint Debtor No Asset Case) (12/12) Case Number 15−52801−cag
UNITED STATES BANKRUPTCY COURT
Western District of Texas
Order Combined With Notice of Chapter 7 Bankruptcy Case, Meeting of
Creditors, & Deadlines
A chapter 7 bankruptcy case concerning the debtor(s) listed below was filed on 11/16/15 .
You may be a creditor of the debtor. This notice lists important deadlines. You may want to consult an attorney to protect your rights.
All documents filed in the case may be inspected at the bankruptcy clerk's office at the address listed below. NOTE: The staff of the
bankruptcy clerk's office cannot give legal advice.
Creditors −− Do not file this notice in connection with any proof of claim you submit to the court.
See Reverse Side For Important Explanations.
Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, trade, and address):
Patrick Mendoza G Gloria C. Mendoza
7534 Steeple Dr. 7534 Steeple Dr.
San Antonio, TX 78256 San Antonio, TX 78256
Case Number: Last four digits of Social Security or Individual Taxpayer ID (ITIN)
15−52801−cag No(s)./Complete EIN:
xxx−xx−0559
xxx−xx−4403
Attorney for Debtor(s) (name and address): Bankruptcy Trustee Appointed By U.S. Trustee On 11/17/2015
Ralph R. Perez (name and address) :
The Cavada Law Office Randolph N Osherow
4646 Corona, Ste. 165 342 W Woodlawn, Suite 100
Corpus Christi, TX 78411 San Antonio, TX 78212
Telephone number: (361) 814−6500 Telephone number: (210) 738−3001
Meeting of Creditors:
Date: December 15, 2015 Time: 11:00 AM
Location: San Antonio Room 333, U.S. Post Office Bldg., 615 E. Houston St., San Antonio, TX 78205
Presumption of Abuse under 11 U.S.C. § 707(b)
See "Presumption of Abuse" on reverse side.
The presumption of abuse does not arise.
Deadlines:
Papers must be received by the bankruptcy clerk's office by the following deadlines:
Deadline to Object to Debtor's Discharge or to Challenge Dischargeability of Certain Debts:
2/16/16
Deadline to Object to Exemptions:
Thirty (30) days after the conclusion of the meeting of creditors.
Creditors May Not Take Certain Actions:
In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the
debtor's property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the
court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be
penalized. Consult a lawyer to determine your rights in this case.
Please Do Not File a Proof of Claim Unless You Receive a Notice To Do So.
Creditor with a Foreign Address
A creditor to whom this notice is sent at a foreign address should read the information under "Do Not File a Proof of Claim at This Time"
on the reverse side.
Address of the Bankruptcy Clerk's Office: For the Court:
United States Bankruptcy Court Clerk of the Bankruptcy Court:
615 E. HOUSTON STREET, ROOM 597 Yvette M. Taylor
SAN ANTONIO, TX 78205
Telephone number: (210) 472−6720
Hours Open: Monday − Friday 8:00 AM − 4:00 PM Date: 11/17/15
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No-As Pg 2 of 2
EXPLANATIONS B9A (Official Form 9A) (12/12)
Filing of Chapter 7 A bankruptcy case under chapter 7 of the Bankruptcy Code (title 11, United States Code) has been filed in this court
Bankruptcy Case by or against the debtor(s) listed on the front side, and an order for relief has been entered.
Legal Advice The staff of the bankruptcy clerk's office cannot give legal advice. Consult a lawyer to determine your rights in this
case.
Creditors Generally Prohibited collection actions are listed in Bankruptcy Code §362. Common examples of prohibited actions include
May Not Take contacting the debtor by telephone, mail or otherwise to demand repayment; taking actions to collect money or
Certain Actions obtain property from the debtor; repossessing the debtor's property; starting or continuing lawsuits or foreclosures;
and garnishing or deducting from the debtor's wages. Under certain circumstances, the stay may be limited to 30
days or not exist at all, although the debtor can request the court to extend or impose a stay.
Presumption of If the presumption of abuse arises, creditors may have the right to file a motion to dismiss the case under §707(b) of
Abuse the Bankruptcy Code. The debtor may rebut the presumption by showing special circumstances.
Meeting of Creditors A meeting of creditors is scheduled for the date, time and location listed on the front side. The debtor (both spouses
in a joint case) must be present at the meeting to be questioned under oath by the trustee and by creditors. Creditors
are welcome to attend, but are not required to do so. At the meeting, the creditors may elect a trustee other than the
one named on this notice, examine the debtor, and transact such other business as may properly come before the
meeting. The meeting may be continued and concluded at a later date specified in a notice filed with the court.
FAILURE OF THE DEBTOR OR HIS ATTORNEY TO APPEAR AT THE SECTION 341(a) MEETING
OR TO TIMELY FILE SCHEDULES AND STATEMENT OF AFFAIRS MAY RESULT IN DISMISSAL,
DENIAL OF THE DEBTOR'S DISCHARGE, OR OTHER APPROPRIATE RELIEF.
Reaffirmation File all reaffirmation agreements with the Bankruptcy Clerk prior to the Objections to Discharge deadline.
Agreements Reaffirmation Agreements may be scheduled for hearing.
Do Not File a Proof There does not appear to be any property available to the trustee to pay creditors. You therefore should not file a
of Claim at This proof of claim at this time. If it later appears that assets are available to pay creditors, you will be sent another notice
Time telling you that you may file a proof of claim, and telling you the deadline for filing your proof of claim. If this
notice is mailed to a creditor at a foreign address, the creditor may file a motion requesting the court to extend the
deadline.
Do not include this notice with any filing you make with the court.
Discharge of Debts The debtor is seeking a discharge of most debts, which may include your debt. A discharge means that you may
never try to collect the debt from the debtor. If you believe that the debtor is not entitled to receive a discharge under
Bankruptcy Code §727(a) or that a debt owed to you is not dischargeable under Bankruptcy Code §523(a)(2), (4), or
(6), you must file a complaint −− or a motion if you assert the discharge should be denied under §727(a)(8) or (a)(9)
−−in the bankruptcy clerk's office by the "Deadline to Object to Debtor's Discharge or to Challenge the
Dischargeability of Certain Debts" listed on the front of this form. The bankruptcy clerk's office must receive the
complaint or motion and any required filing fee by that deadline.
Exempt Property The debtor is permitted by law to keep certain property as exempt. Exempt property will not be sold and distributed
to creditors. The debtor must file a list of all property claimed as exempt. You may inspect that list at the bankruptcy
clerk's office. If you believe that an exemption claimed by the debtor is not authorized by law, you may file an
objection to that exemption. The bankruptcy clerk's office must receive the objection by the "Deadline to Object to
Exemptions" listed on the front side.
Bankruptcy Clerk's Any paper that you file in this bankruptcy case should be filed at the bankruptcy clerk's office at the address listed
Office on the front side. Registered electronic users should file through our Case Management/Electronic Case Files
(CM/ECF) Internet site (https://ecf.txwb.uscourts.gov/). You may inspect all papers filed, including the list of the
debtor's property and debts and the list of the property claimed as exempt, at the bankruptcy clerk's office or via the
Internet if you have a CM/ECF PACER subscription.
Creditor with a Consult a lawyer familiar with United States bankruptcy law if you have any questions regarding your rights in this
Foreign Address case.
−− Refer to Other Side for Important Deadlines and Notices −−