Affidavit of NJG-Re-Unknown Spouse
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8/20/2019 Affidavit of NJG-Re-Unknown Spouse
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IN RE: Unknown Spouse of Elizabeth Bauerle (n.k.a. Elizabeth Bidgood)
is now known as Scott Bidgood or Scott Allen Bidgood
STATE OF FLORIDA )) SS.:
COUNTY OF MARION )
AFFIDAVIT
BEFORE ME, this day personally appeared NEIL J. GILLESPIE, who upon being duly
sworn deposed upon oath as follows:
1. My name is Neil J. Gillespie. I am over eighteen years of age. This affidavit is given on
personal knowledge unless otherwise expressly stated.
2. Elizabeth Bauerle, nee Elizabeth A. Gillespie, is my sister. We were born in
Pennsylvania to the same parents, Cornelius L. Gillespie and Penelope M. Gillespie.
3. Elizabeth A. Gillespie married Frank E. Bauerle, IV, and became Elizabeth A. Bauerle.
4. A Final Judgment of Dissolution of Marriage of Elizabeth A. Bauerle, Wife, and Frank E.
Bauerle, IV, Husband, in the Circuit Court of the Thirteenth Judicial Circuit, in and for
Hillsborough County, Florida, Case No. 91-12060, is attached to this affidavit as Exhibit 1.
5. The Final Judgment of Dissolution of Marriage appearing at Exhibit 1 states:
A final hearing was held November 7, 1991. Present were the Petitioner, residencywitness, and Attorney, J. T. Schrotel. The Respondent was not present or represented byan attorney. The Court found that the Petitioner has been a continuous resident of theState of Florida for more than six months before filing the Petition, that there are nominor children born, adopted, or expected of this marriage, and that the parties weremarried to each other October 4, 1987 at Arlington, Virginia and lived together ashusband and wife until August 1991.
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2
ORDERED AND ADJUDICATED:
1. The Court has jurisdiction of the parties and subject matter of this action.2. The marriage between Petitioner, Elizabeth A. Bauerle, and Respondent, Frank E.
Bauerle, IV, is dissolved because it is irretrievably broken.
DONE AND ORDERED at Tampa, Hillsborough County, Florida on November 7, 1991.
6. Elizabeth Bauerle remained single from November 7, 1991, until after June 21, 2010.
7. Elizabeth Bauerle lived as a single person at 10836 SW 85th Terrace, Ocala, Florida until
she sold the property December 8, 2004. A warranty deed recorded at Book 3899 Page 219,
CFM #2004184255 shows Grantor Elizabeth Bauerle, a single person, conveyed Parcel ID No.
7003-001-003 to Grantees Jacob L. Dykstra and Jeralyn K. Dykstra, husband & wife. Exhibit 2.
8. The First Amendment of The Gillespie Family Living Trust Agreement Dated February
10, 1997, made February 21, 2006, is attached as Exhibit 3, and states on page 2, paragraph 2:
However, since we previously took out a mortgage with Bank of America, N.A., loannumber #701159906, on the above referenced homestead real property, of which the proceeds were given to ELIZABETH A. BAUERLE for her personal use, and on whichshe is currently making monthly payments, we hereby instruct the Successor Trustee to
deduct from the share to be given to ELIZABETH A. BAUERLE at the time of both of our deaths an amount equal to the outstanding balance of said mortgage existing at thetime of both of our deaths, with the deducted amount being added equally, share and share alike, to the shares to be given to MARK J. GILLESPIE and NEIL J. GILLESPIEat the time of both of our deaths."
9. On or about July 31, 2006 Elizabeth Bauerle stopped making payments on Bank of
America, N.A. loan number #701159906.
10. On December 3, 2006, I wrote a letter for my mother, who had Alzheimer’s disease and
could not write it herself, to Elizabeth Bauerle, about loan 701159906. Exhibit 4.
Your last mortgage payment was made on July 31, 2006. Your mortgage balance at thattime was $34,169.34, and continues to accrue interest at 6.5%. (About $740.32 in interestalone has accrued in the past four months).
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3
11. Elizabeth Bauerle never made another payment on Bank of America N.A. loan number
#701159906 after July 31, 2006 that I know of.
12. As a Successor Trustee, I concluded the unpaid balance on Bank of America N.A. loan
number #701159906 of $34,169.34, when deducted from any share to be given to Elizabeth
Bauerle, negated any amount due Elizabeth Bauerle by way of inheritance and the property at
8092 SW 115th Loop, Ocala, Florida, 34481, Marion County, Parcel ID No. R7013-007-001.
13. After selling her home, Elizabeth Bauerle and boyfriend Scott Bidgood, lived as
unmarried persons at 6356 SW 106th Place, Ocala, FL 34476, Parcel ID No. 35686-004-10,
owned by Robert M. Bidgood and Florence V. Bidgood, parents of Scott Bidgood, and held in
the Bidgood Family Revocable Trust. The property was sold February 26, 2009. Exhibit 5.
14. Elizabeth Bauerle and boyfriend Scott Bidgood moved to Illinois and resided at the
address shown below, which appears in my personal “address book” file.
34W 584 Illinois StreetSt. Charles, IL 60174
15. On March 11, 2010, Scott Bidgood filed a Voluntary Petition for Chapter 7 Bankruptcy,
No. 10-10313, in the United States Bankruptcy Court, Northern District of Illinois. The docket
for Bankruptcy Petition No. 10-10313 is attached to this affidavit as Exhibit 6, and shows,
Debtor represented by Erick J Bohlman
Scott Allen Bidgood Bohlman Law Offices, PC34w584 Illinois St. 780 McArdle Dr.Saint Charles, IL 60174 Unit FKANE-IL Crystal Lake, IL 60014
SSN / ITIN: xxx-xx-4782 815-477-9200Fax : 815-477-9201Email: [email protected]
16. Scott Bidgood filed a Chapter 7 Statement of Current Monthly Income And Means-Test
Calculation (Doc. 3) that shows his marital/filing status as “unmarried”. Exhibit 7.
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4
17. Discharge of Debtor (Doc. 15) was entered in No. 10-10313 on June 21, 2010. Exhibit 8.
18. On information and belief, Elizabeth Bauerle and Scott Bidgood married sometime after
June 21, 2010. The Kane County (IL) Clerk has refused to provide me a copy of the marriage
record, citing the Illinois Freedom of Information Act (FOIA), 5 ILCS 140/7 Exemptions: (b)
private information, as it pertains to a marriage record.
19. On December 23, 2015 I filed a FOIA with the Kane County Clerk, attached to this
affidavit as Exhibit 9 citing constitutional grounds, and states in part,
I am making this FOIA as an attorney in fact for matters in the state of Florida. Sperry v.Florida, 373 U.S. 379 (1963). This FOIA affects interstate commerce, so I am also
making this FOIA the Commerce Clause, Article 1, Section 8, Clause 3, of the U.S.Constitution. I am also making this FOIA under the Equal Protection Clause of theFourteenth Amendment to the U.S. Constitution, as set forth below. I am also making thisFOIA under the Supremacy Clause, Article Six, Clause 2 of the U.S. Constitution, as setforth below.
20. The due date for The Kane County Clerk to respond to my FOIA was Thursday,
December 31, 2015. As of today The Kane County Clerk has not responded to my FOIA.
21. The unknown spouse of Elizabeth Bauerle, n.k.a. Elizabeth Bidgood, is Scott Bidgood,
also known as Scott Allen Bidgood.
22. On July 15, 2013, Elizabeth Bauerle, n.k.a. Elizabeth Bidgood, gave Notice of
Defendants' Consent to Judgment in case 2013-CA-00115 Marion County Florida. Exhibit 10.
23. Scott Bidgood does not have any interest in the property at 8092 SW 115th Loop, Ocala,
Florida, 34481, Marion County, Parcel ID No. R7013-007-001 through marriage to Elizabeth
Bauerle, n.k.a. Elizabeth Bidgood. As a Successor Trustee, I concluded the unpaid balance on
Bank of America N.A. loan #701159906 of $34,169.34, when deducted from any share to be
given to Elizabeth Bauerle, negated any amount due Elizabeth Bauerle by way of inheritance and
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the property at 8092 SW 115th Loop, Ocala, Florida, 34481, Marion County, Parcel ID No.
R7013-007-001.
24. Defendants' Consent to Judgment (Exhibit 10) concluded any interest of Elizabeth
Bauerle, n.k.a. Elizabeth Bidgood, and the Unknown Spouse
of
Elizabeth Bauerle, n.k.a. Scott
Bidgood or Scott Allen Bidgood, in the property at 8092 SW I 15th Loop, Ocala, Florida, 34481,
Marion County, Parcel 1 No. R7013-007-001.
FURTHER AFFIANT SAYETH NOT.
The foregoing affidavit was sworn to before me upon oath, this
g day
of
January,
2016, by Neil J. Gillespie, who is personally known to me, or
who has produced as
identification and states that he s the person who made this affidavit and that its contents are
truthful to the best of his knowledge, information and belief.
Print Name ofNe:tary Public
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ExpIres 4 2412017
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My Commission Expires: L j / ~ l / L J )
5
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IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR
HILLSBOROUGH COUNTY, FLORIDA
CIRCUIT CIVIL NO. 91-12060
IN RE THE MARRIAGE OF:
IPA
643 ruE 978
Elizabeth A. Bauerle, Wife
etitioner) FAMILY LAW DIVISION E
g
and
FLORIDA 0,11 NO. 097857 g
Prank E. Bauerle, IV, Husband
espondent)
Ke
f t i c
0
IIAL JUDGMENT OF DISSOLUTION OF MARRIAGE
L E R
0
U 4
°
W
0
-v A final hearing was held November 7, 1991. Present lifir0 0
the Petitioner, residency witness, and Attorney, J. T. Schrotel.
The Respondent was not present or represented by an attorney.
The Court found that the Petitioner has been a continuous resident
of the State of Florida for more than six months before filing the
Petition, that there are no minor children born, adopted, or
expected of this marriage, and that the parties were married to
each other October 4, 1987 at Arlington, Virginia and lived together
as husband and
wif
until August 1991.
ORDERED AND ADJUDGED:
1.
he Court has jurisdiction of the parties and subject
matter of this action.
2.
he marriage between Petitioner, Elizabeth A. Bauerle,
and Respondent, Frank E. Bauerle, IV, is dissolved because it is
irretrievably broken.
DONE AND ORDERED at Tampa, Hillsborough County, Florida on
November 7, 1991.
f iETURri 64801111
U M
0
l
1
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4
Copies to;
Elizabeth A. Bauerle
4105 W. Bay Ave.
Tampa, PL 33616
Prank E. Bauerle,
IV
PSC Box 2588
Chanute APB, IL 61868-5360
aok
6430pAcE 979
L E G A L C L I N IC O F T A M P A B A Y
J. T. Wrote , Attorney, PA.
C S Ba nk Bui ld ing , Su i te 1112
412 M adison St . Tam pa , F lor ida 33602
(813) 223-7771
trtr
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Results of search on: 7003-001-003
Searched by: PARCEL_ID_REAL = 7003-001-003 Year = 2016
1 01 7003- 001- 003 I J ONES ROBERT N 10836 SW 85TH TER Map I t ! 8020 9002 . 17 Nei ghbor hood______ _____ ______ ______ ___| | | Mi l l age____________________________________| | Acres___________________________________________|Retur n t o Sear ch.
1 records found. End of search reached
http://www.pa.marion.fl.us/MCPAENG2.PHP?SEARCHBY=Parcel_ID_Real&name=7003
1/7/2016
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FIRST AMENDMENT OF
THE
GILLESPIE FAMILY LIVING TRUST
AGREEMENT DATED FEBRUARY 10, 1997
Made this
2J
day
of
_ . £ v ~
,
2006, by PENELOPE M. GILLESPIE of 8092
SW
115th Loop, Ocala, Florida 34481, as Grantor and
PENELOPE
M. GILLESPIE
of
8092
SW
115th Loop, Ocala, Florida 34481, as Trustee. Co-Grantor and Co-Trustee, CORNELIUS L.
GILLESPIE previously died on September 17, 2002.
The Agreement establishing the "GILLESPIE FAMlLY LIVING TRUST AGREEMENT
dated February 10, 1997" is amended in part as follows:
1 SCHEDULE "A", Paragraph A. shall be deleted in its entirety and replaced with the
following language:
"A. I hereby name as the current Co-Trustees of this Trust Agreement PENELOPE M.
GILLESPIE of8092
SW
115thLoop, Ocala, Florida 34481, NEIL J GILLESPIE of8092
SW
115
th
Loop, Ocala, Florida 34481, and MARK 1 GILLESPIE
of
7504 Summer Meadows Drive, Fort
Worth, Texas 76123-1979. Upon the death or incapacity of
PENELOPE
M. GILLESPIE, NEIL
1
GILLESPIE and MARK 1 GILLESPIE shall serve as the Co-Successor Trustees.
In
the event that
one ofthe persons named in the preceding sentence is unable or unwilling to serve in such capacity,
then the other person named in the preceding sentence shall serve as the sole Successor Trustee.
In
the event that neither NEIL J. GILLESPIE nor MARK J. GILLESPIE are able or willing
to
serve
in such capacity, then I appoint ELIZABETH
A.
BAUERLE
of6356
SW
l06
th
Place, Ocala, Florida
34476 to serve as Successor Trustee in their places.
Notwithstanding anything in this Trust to the contrary, during the lifetime of the Grantor,
the Grantor appoints Co-Trustees
to
serve along with the Grantor as Trustees, then either the
Grantor or the Co-Trustees may act individually for and conduct business on behalf of the Trust
without the consent of the other parties named as Co-Trustees. Except as to those powers
specifically reserved by the Grantor, the appointed Co-Trustees shall have all of the powers of the
original Trustee as originally appointed."
2. SCHEDULE ''B'', Paragraph B. shall be deleted
in
its entirety and replaced with the
following language:
"B. The Successor Trustee (s) then shall distribute the
remairllng trust assets, subject to
the provisions ofthis trust as follows:
3
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1. All of
our
Trust assets, whether they be real, personal, or mixed, including the
homestead real property that we may own at the time
of
our deaths, equally, share and share alike,
to MARK
J.
GILLESPIE of 7504 Summer Meadows Drive, Fort Worth, Texas 76123-1979,
ELIZABETHA. BAUERLE of6356 SW 106
th
Place, Ocala, Florida34476and NEIL1. GILLESPIE
of8092 SW 115thLoop, Ocala, Florida34481. Should one ofsaidpersons in the preceding sentence
predecease the both
of
us, then that personfs share shall pass equally, share and share alike, to other
living persons named in the preceding sentence and not per stirpes.
However, since we previously
took
out a mortgage with Bank
of
America, N.A., loan number
#701159906, on the above referenced homestead real property, of which the proceeds were given
to ELIZABETH A BAUERLE for her personal use, and
on
which she is currently making monthly
payments, we hereby instruct the Successor Trustee to deduct from the share to be given to
ELIZABETH
A
BAUERLE at the time of both
of
our deaths an amount equal to the outstanding
balance of said mortgage existing at the time ofboth ofour deaths, with the deducted amount being
added equally, share and share alike, to the shares to be given to MARK J. GILLESPIE and NEIL
J. GILLESPIE at the time of both of our deaths."
2.
In
all other respects the above described Trust Agreement shall remain as first made,
and as amended by this Amendment, I hereby
ratifY
confirm and republish the above described Trust
Agreement.
IN
WITNESS WHEREOF, I PENELOPE M. GILLESPIE, have signed, sealed and
published and declared this instrument as the First Amendment of the Gillespie Family Living Trust
/ jS L
Agreement dated February 10, 1997, at Inverness, Citrus County, Florida
this
A
:.--day
of
feu W j
,2006.
made, published and declared by PENELOPE M. GILLESPIE, as the First Amendment
of
the
Gillespie Family Living Trust Agreement dated February 10, 1997, in the presence
of
each
of
us, said
Grantor
and Trustee
then
being
over the
age
of l )
eighteen years, of sound
and disposing mind
and
2
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memory, and not acting under duress or undue influence, and we subscribe our names in her presence
and the presence of each other.
_ - - - - - . - - . - r - i J . . : . L « . L : . ~ c . . . . : . · I . L . . . . - ~ - - - - -
of
Inverness, Florida
=== - ofInvemess, Florida
STATE OF FLORIDA
COUNTY OF CITRUS
WE, PENELOPE M. GILLESPIE, STEVEN H.L. BOWMAN and MARYBETH
BOWMAN, the Grantor and Trustee and the witnesses, respectively, whose names are signed to the
attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned officer
that the Grantor and Trustee signed this instrument as the First Amendment of the Gillespie Family
Living Trust Agreement dated February 10, 1997 and that she signed voluntarily and that each ofthe
witnesses in the presence
of
each other signed said instrument as a witness and that to the best of the
knowledge
of
each witness the Grantor and Trustee was at that time 18) eighteen years
of
age,
of
sound mind and under no constraint
or
undue influence.
~ ~ -
N O T A R Y A C K N O ~ E D G M E N T
SUBSCRIBED and ACKNOWLEDGED before me by PENELOPE M. GILLESPIE, the
3
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Grantor nd Trustee
nd
subscribed
nd
sworn to before me by STEVEN
HL
BOWMAN nd
,(J::. :
MARYBETH BOWMAN,
the witnesses, on
thisdJ.--:..::day 2006.
- - ~ - - -
ANGELA PARKER
MY COMMISSION
DO 23545
EXPIRES: January 21
2007
4
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o
( I
VIA US Priority Mail
Delivery Confirmation 0306 1070 0003 2091 9386
Decerrlber 3, 2006
Elizabeth Bauerle
6356 SW 106th PI.
Ocala, FL 34476-4893
Dear Elizabeth,
Enclosed is the scale that you have been asking me and Mark about. Now you
should have all your things that were left in our home. Our family
went
to a lot effort to
get this property
back
to you, money for renting a storage unit,
and
time moving
items.
The bills are piling up since you stopped making your mortgage payments. also
incurred a number of expenses related to your arrest.
Your last mortgage payment was made on July 31, 2006. Your
mortgage
balance
at that time was 34,169.34, and continues to accrue interest at 6.5%. (About 740.32 in
interest alone has accrued in the past fOlIr months). Thankfully Mark and Jody made
the
September and October paynlents for you. They paid a total of 759.14 for the two
payments you missed. This is
not
fair to Mark
and
Jody.
Because
you
stopped paying the mortgage, refinanced
the
loan to make
the
payments more affordable.
But
in doing so incurred 2,110.12 in
settlement
charges.
also paid a lawyer 1,550.00 to appear
in
court
on
September 14, 2006 for the 11earing
on
protection orders. There has also been a number of smaller expenses too, such as
1
05.25
to
add
another phone line for you, and the additional monthly charges for the line. Also,
incurred expenses to remove your plantings from
my
comer lot, and the
rear
yard too, so
that Decca will start maintaining the whole property again.
was
happy to give you 25.00 from my birthday
money
so you could pay for
anger management classes. And in fairness to Mark and Jody reimblIrsed
them
759.14
for the mortgage they
paid
for you. paid a lawyer 1,550.00 for
the
September
14,
2006
hearing. paid 2,110.12 in settlement charges to refinance the mortgage you pron1ised
to pay, but stopped paying months ago. And about 740.32
in
interest
has
accrued on
your outstanding mortgage balance. And paid 105.25 to provide you with a pllone line.
Just those expenses amount to 5,289.83.
And
you still owe 34,169.34 on
the
mortgage
which
you
have
not paid
since July 31, 2006.
Page 1
of2
4
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You said you cannot pay your debt as promised, but my expenses keep mounting.
I need your help with this debt. You can help by doing the following. Return the two
paintings so I can sell tllem and pay your debt. Return the guns and knifes you took from
my horne so I can sell them and pay bills. And by returning my
golf
cart, I can sell it and
apply the money to the $5,289.83 in expenses I incurred as outlined above.
Also, you can make payments on your $34,169.26 mortgage balance directly to
SunTrust Bank. Mark will tell you how. You can pay any amount, even $100.00 a
month if that is all you can afford. You can even pay less than that, but it is important to
pay something each month. Please help me with the debts you left me. I have other
expenses too. A recent dental appointment cost me $1,172.00. And due to the "doughnut
hole" in my Medicare Part D prescription drug plan, I am paying over $300.00 monthly
for out-of-pocket expenses until I reach the next level of coverage, which is almost
$2,900.00 away. That money too will come out ofmy pocket.
Beth, we made sure you received all your belongings that you left at our home,
even this old scale you have been asking us about. Now it is your turn to pay your debt to
nle, either in cash as agreed, or by providing the items discussed so that they can be sold.
Sincerely,
&1
i
/ , (1,"
/
"'. ; ' / 1
{:.'
. {j J_
-
, j _ U 1 1 _ . J . : - - L ; J - l l . . - - G
,I
r
~ \ ~ 7'1
.1
J
P
II
Penelope M. Gillespie
8092 SW 115
lh
Loop
Ocala, Florida 34481.
cc: Mark Gillespie
11l
11l
u.s.
Postal
service
Oelivery Confirmation Receipt
Postage and
Delivery
Confinnation
fees must be paid before mailing.
nclosures: scale, and copy of letter/check
A r t i ~ e sent To: (to
be
C O ~ P l e t e d by
C l
;2rlbe
1 L ;0/71.1 ~ e
¥ ~ LU 1/)6
p...
jJt...
( ) e
U
~
L
:JLI I7b· t
f f
POSTAL
CUSTOMER:
Keep
this receipt.
For
Inquiries:
Access
internet
web site at
www.usps.com
CIt
or call 1-800-222-1811
CHECK
ONE POSTAL USE
ONLY)
lll
DPrlorlty Mall Service
D First-Class
Malr
parcel
D
Package
services parcel
PS Form 152, May 2002
(See
Reverse)
Page 2 of
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' '-,..
October24,2006
MarkandJoettaGillespie
7504SummerMeadowsDrive
FortWorth,Texas76123-1979
DearJody
and Mark,
lbank:
youformakingthelasttwomortgagepaymentson myhome. Now thatthe
refinancingiscomplete,Icanrepayyou. Enclosedis my
checkin
theamountof$759.14
toreimburseyouforthetwopayments
of
$379.57each.(2x$379.57= $759.14).
Sincerely)
PenelopeM.Gillespie
8092
SW
IISth
Loop
Ocala,Florida3448I
enclosure
Sentby USPriorityMail
Delivezy
Confirmation#
030610700003
2091
9409
PENELOPE M GILLESPIE
1112005
8092 SW 115TH LOOP
OCAlA.
Fl
34481-3567
-. - -
63-215/631
.(.: /
.:-.,
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Date
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176
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Results of search on: 35686-004-10
Searched by: PARCEL_ID_REAL = 35686-004-10 Year = 2016
1 01 35686- 004- 10 H MCCARROLL CHARLES B 6356 SW 106TH PL Map I t ! 8327 9002 . 26 Nei ghbor hood______ _____ ______ ______ ___| | | Mi l l age____________________________________| | Acres___________________________________________|Retur n t o Sear ch.
1 records found. End of search reached
http://www.pa.marion.fl.us/MCPAENG2.PHP?SEARCHBY=Parcel_ID_Real&name=3568
1/7/2016
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MEANSNO, CLOSED
U.S. Bankruptcy Court
Northern District of Illinois (Chicago)
Bankruptcy Petition #: 10-10313
Assigned to: Honorable Judge Manuel BarbosaChapter 7Voluntary No asset
Debtor disposition: Standard Discharge
Date filed: 03/11/2010
Date terminated: 06/24/2010 Debtor discharged: 06/21/2010341 meeting: 04/19/2010
Deadline for objecting to discharge: 06/18/2010
Debtor
Scott Allen Bidgood
34w584 Illinois St.
Saint Charles, IL 60174KANE-IL
SSN / ITIN: xxx-xx-4782
represented by Erick J BohlmanBohlman Law Offices, PC780 McArdle Dr.
Unit FCrystal Lake, IL 60014815-477-9200Fax : 815-477-9201Email: [email protected]
Assist. U.S. Trustee
Dean C. Harvalis
Office of the United States Trustee219 South Dearborn Street
Room 873
Chicago, IL 60604312 885-5783
Trustee
Roy Safanda
Safanda Law Firm111 East Side DriveGeneva, IL 60134630-262-1761
U.S. TrusteeWilliam T Neary
Office of the U.S. Trustee, Region 11219 S Dearborn StRoom 873
Chicago, IL 60604312-886-5785
Filing Date # clear Docket Text
https://ecf.ilnb.uscourts.gov/cgi-bin/DktRpt.pl?664018363530886
11/13/2015
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03/11/2010
1(40 pgs)
Chapter 7 Voluntary Petition Fee Amount $299, Filed by Erick J Bohlman on behalf of Scott Allen Bidgood (Bohlman, Erick) (Entered: 03/11/2010)
03/11/2010
2
(1 pg)
Declaration Re: Electronic Filing Filed by Erick J
Bohlman on behalf of Scott Allen Bidgood. (Bohlman,Erick) (Entered: 03/11/2010)
03/11/2010
3(8 pgs)
Chapter 7 Statement of Current Monthly Income and Means Test Calculation - Form 22A. Filed by Erick JBohlman on behalf of Scott Allen Bidgood. (Bohlman,Erick) (Entered: 03/11/2010)
03/11/2010
4 Statement of Social Security Number(s) Filed by Erick J Bohlman on behalf of Scott Allen Bidgood.(Bohlman, Erick) (Entered: 03/11/2010)
03/11/2010
5(1 pg)
Certificate of Credit Counseling Filed by Erick JBohlman on behalf of Scott Allen Bidgood. (Bohlman,Erick) (Entered: 03/11/2010)
03/11/2010
6 Meeting of Creditors with 341(a) meeting to be held
on 04/19/2010 at 01:30 PM at Kane Courthouse, 100S 3rd Street, Courtroom 140, Geneva, Illinois 60134.Objections for Discharge due by 06/18/2010.(Bohlman, Erick) (Entered: 03/11/2010)
03/12/2010
7
(3 pgs; 2 docs)
Request for Chapter 7 341 Meeting of Creditors
(Miller, Marvin) (Entered: 03/12/2010)
03/12/2010
9(3 pgs)
BNC Certificate of Service - Meeting of Creditors.(RE: 7 Request for Chapter 7 341 Meeting of
Creditors). No. of Notices: 19. Service Date03/14/2010. (Admin.) (Entered: 03/15/2010)
03/14/2010
8 Receipt of Voluntary Petition (Chapter 7)(10-10313)[misc,volp7a] ( 299.00) Filing Fee. Receipt number 13600135. Fee Amount $ 299.00 (U.S. Treasury)(Entered: 03/14/2010)
04/15/201010(4 pgs; 2 docs)
Notice of Required Document(s) for Discharge(Walker, Valerie) (Entered: 04/15/2010)
04/15/2010
12(4 pgs)
BNC Certificate of Service - Notice of Required Document(s) for Discharge (RE: 10 Notice of Required Document(s) for Discharge). No. of Notices:2. Service Date 04/17/2010. (Admin.) (Entered:
04/18/2010)
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04/16/2010
11(1 pg)
Debtor's Certification of Completion of InstructionalCourse Concerning Personal Financial ManagementFiled by Erick J Bohlman on behalf of Scott Allen
Bidgood. (Bohlman, Erick) (Entered: 04/16/2010)
04/20/2010
13 Chapter 7 Trustee's Report of No Distribution: I, RoySafanda, having been appointed trustee of the estate
of the above-named debtor(s), report that I haveneither received any property nor paid any money onaccount of this estate; that I have made a diligentinquiry into the financial affairs of the debtor(s) and
the location of the property belonging to the estate;and that there is no property available for distributionfrom the estate over and above that exempted by law.Pursuant to Fed R Bank P 5009, I hereby certify thatthe estate of the above-named debtor(s) has been fullyadministered. I request that I be discharged from any
further duties as trustee. Key information about this
case as reported in schedules filed by the debtor(s) or otherwise found in the case record: This case was pending for 1 months. Assets Abandoned (withoutdeducting any secured claims): $ 115.00, AssetsExempt: $ 2760.00, Claims Scheduled: $ 47029.00,
Claims Asserted: Not Applicable, Claims scheduled to be discharged without payment (without deducting thevalue of collateral or debts excepted from discharge):$ 47029.00. (Safanda, Roy) (Entered: 04/20/2010)
06/21/2010
14
(3 pgs; 2 docs)
Request for Discharge Order for Debtor (Walker,
Valerie) (Entered: 06/21/2010)
06/21/2010
15(3 pgs)
BNC Certificate of Service - Order of Discharge. (RE:14 Request for Discharge Order). No. of Notices: 14.Service Date 06/23/2010. (Admin.) (Entered:06/23/2010)
06/24/201016 Bankruptcy Case Closed and Trustee Discharged .
(Walker, Valerie) (Entered: 06/24/2010)
or
PACER Service Center
Transaction Receipt
https://ecf.ilnb.uscourts.gov/cgi-bin/DktRpt.pl?664018363530886
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B22A (Official Form 22A) (Chapter 7) (12/08)
In re Scott Allen BidgoodAccording to the information required to be entered on this statement
(check one box as directed in Part I, III, or VI of this statement):
The presumption arises.
The presumption does not arise.
The presumption is temporarily inapplicable.
Debtor(s)Case Number:
(If known)
CHAPTER 7 STATEMENT OF CURRENT MONTHLY INCOMEAND MEANS-TEST CALCULATION
In addition to Schedules I and J, this statement must be completed by every individual chapter 7 debtor, whether or not filing jointly. Unless theexclusion in Line 1C applies, joint debtors may complete a single statement. If the exclusion in Line 1C applies, each joint filer must complete aseparate statement.
Part I. MILITARY AND NON-CONSUMER DEBTORS
1A
Disabled Veterans. If you are a disabled veteran described in the Declaration in this Part IA, (1) check the box at the beginning of theDeclaration, (2) check the box for "The presumption does not arise" at the top of this statement, and (3) complete the verification in PartVIII. Do not complete any of the remaining parts of this statement.
Declaration of Disabled Veteran. By checking this box, I declare under penalty of perjury that I am a disabled veteran (as defined in38 U.S.C. § 3741(1)) whose indebtedness occurred primarily during a period in which I was on active duty (as defined in 10 U.S.C. §
101(d)(1)) or while I was performing a homeland defense activity (as defined in 32 U.S.C. §901(1)).
1B
Non-consumer Debtors. If your debts are not primarily consumer debts, check the box below and complete the verification in Part VIII.Do not complete any of the remaining parts of this statement.
Declaration of non-consumer debts. By checking this box, I declare that my debts are not primarily consumer debts.
1C
Reservists and National Guard Members; active duty or homeland defense activity. Members of a reserve component of the Armed Forces and members of the National Guard who were called to active duty (as defined in 10 U.S.C. § 101(d)(1)) after September 11,2001, for a period of at least 90 days, or who have performed homeland defense activity (as defined in 32 U.S.C. § 901(1)) for a period of at least 90 days, are excluded from all forms of means testing during the time of active duty or homeland defense activity and for 540days thereafter (the "exclusion period"). If you qualify for this temporary exclusion, (1) check the appropriate boxes and complete anyrequired information in the Declaration of Reservists and National Guard Members below, (2) check the box for "The presumption is
temporarily inapplicable" at the top of this statement, and (3) complete the verification in Part VIII. During your exclusion period youare not required to complete the balance of this form, but you must complete the form no later than 14 days after the date onwhich your exclusion period ends, unless the time for filing a motion raising the means test presumption expires in your casebefore your exclusion period ends.
Declaration of Reservists and National Guard Members. By checking this box and making the appropriate entries below, I declarethat I am eligible for a temporary exclusion from means testing because, as a member of a reserve component of the Armed Forces or the
National Guard
a. I was called to active duty after September 11, 2001, for a period of at least 90 days and
I remain on active duty /or/
I was released from active duty on , which is less than 540 days before this bankruptcy case wasfiled;
OR
b. I am performing homeland defense activity for a period of at least 90 days /or/
I performed homeland defense activity for a period of at least 90 days, terminating on , which is less than
540 days before this bankruptcy case was filed.
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Part II. CALCULATION OF MONTHLY INCOME FOR § 707(b)(7) EXCLUSION
2
Marital/filing status. Check the box that applies and complete the balance of this part of this statement as directed.
a. Unmarried. Complete only Column A ("Debtor's Income") for Lines 3-11.
b. Married, not filing jointly, with declaration of separate households. By checking this box, debtor declares under penalty of perjury:
"My spouse and I are legally separated under applicable non-bankruptcy law or my spouse and I are living apart other than for the purpose of evading the requirements of § 707(b)(2)(A) of the Bankruptcy Code." Complete only column A ("Debtor's Income")for Lines 3-11.
c.
Married, not filing jointly, without the declaration of separate households set out in Line 2.b above. Complete both Column A("Debtor's Income") and Column B ("Spouse's Income") for Lines 3-11.
d. Married, filing jointly. Complete both Column A ("Debtor's Income") and Column B ("Spouse's Income") for Lines 3-11.
All figures must reflect average monthly income received from all sources, derived during the sixcalendar months prior to filing the bankruptcy case, ending on the last day of the month beforethe filing. If the amount of monthly income varied during the six months, you must divide thesix-month total by six, and enter the result on the appropriate line.
Column A
Debtor'sIncome
Column B
Spouse'sIncome
3 Gross wages, salary, tips, bonuses, overtime, commissions. $ 0.00 $
4
Income from the operation of a business, profession or farm. Subtract Line b from Line a and enter the difference in the appropriate column(s) of Line 4. If you operate more than one
business, profession or farm, enter aggregate numbers and provide details on an attachment. Donot enter a number less than zero. Do not include any part of the business expenses entered onLine b as a deduction in Part V.
$ 0.00 $
5
Rents and other real property income. Subtract Line b from Line a and enter the difference inthe appropriate column(s) of Line 5. Do not enter a number less than zero. Do not include anypart of the operating expenses entered on Line b as a deduction in Part V.
$ 0.00 $
6 Interest, dividends, and royalties. $ 0.00 $
7 Pension and retirement income. $ 0.00 $
8Any amounts paid by another person or entity, on a regular basis, for the householdexpenses of the debtor or the debtor's dependents, including child support paid for thatpurpose. Do not include alimony or separate maintenance payments or amounts paid by your spouse if Column B is completed. $ 0.00 $
9
Unemployment compensation. Enter the amount in the appropriate column(s) of Line 9.However, if you contend that unemployment compensation received by you or your spouse was a
benefit under the Social Security Act, do not list the amount of such compensation in Column Aor B, but instead state the amount in the space below:
$ 0.00 $
10
Income from all other sources. Specify source and amount. If necessary, list additional sourceson a separate page. Do not include alimony or separate maintenance payments paid by yourspouse if Column B is completed, but include all other payments of alimony or separatemaintenance. Do not include any benefits received under the Social Security Act or payments
received as a victim of a war crime, crime against humanity, or as a victim of international or domestic terrorism.
Total and enter on Line 10 $ 181.00 $
11 Subtotal of Current Monthly Income for § 707(b)(7). Add Lines 3 thru 10 in Column A, and, if Column B is completed, add Lines 3 through 10 in Column B. Enter the total(s). $ 181.00 $
Software Copyright (c) 1996-2010 Best Case Solutions - Evanston, IL - bestcase.com Best Case Bankruptcy
b. Ordinary and necessary business expenses $ 0.00 $c. Business income Subtract Line b from Line a
Debtor Spouse
a. Gross receipts
Debtor Spouse
Unemployment compensation claimed to be a benefit under the Social Security Act Debtor $ 0.00 Spouse $
a. Gross receipts $ 0.00 $
Debtor Spouse
a. Link Card (food stamps) $ 181.00 $ b. $ $
b. Ordinary and necessary operating expenses $ 0.00 $c. Rent and other real property income Subtract Line b from Line a
$ 0.00 $
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12Total Current Monthly Income for § 707(b)(7). If Column B has been completed, add Line 11,Column A to Line 11, Column B, and enter the total. If Column B has not been completed, enter the amount from Line 11, Column A. $ 181.00
Part III. APPLICATION OF § 707(b)(7) EXCLUSION
13 Annualized Current Monthly Income for § 707(b)(7). Multiply the amount from Line 12 by the number 12 and enter the result. $ 2,172.00
14
Applicable median family income. Enter the median family income for the applicable state and household size.(This information is available by family size at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court.)
$ 46,105.00
15
Application of Section 707(b)(7). Check the applicable box and proceed as directed.
The amount on Line 13 is less than or equal to the amount on Line 14. Check the box for "The presumption does not arise" at the
top of page 1 of this statement, and complete Part VIII; do not complete Parts IV, V, VI or VII.
The amount on Line 13 is more than the amount on Line 14. Complete the remaining parts of this statement.
Complete Parts IV, V, VI, and VII of this statement only if required. (See Line 15.)
Part IV. CALCULATION OF CURRENT MONTHLY INCOME FOR § 707(b)(2)
16 Enter the amount from Line 12. $
17
Marital adjustment. If you checked the box at Line 2.c, enter on Line 17 the total of any income listed in Line 11,Column B that was NOT paid on a regular basis for the household expenses of the debtor or the debtor's
dependents. Specify in the lines below the basis for excluding the Column B income (such as payment of thespouse's tax liability or the spouse's support of persons other than the debtor or the debtor's dependents) and theamount of income devoted to each purpose. If necessary, list additional adjustments on a separate page. If you did not check box at Line 2.c, enter zero.
Total and enter on Line 17 $
18 Current monthly income for § 707(b)(2). Subtract Line 17 from Line 16 and enter the result. $
Part V. CALCULATION OF DEDUCTIONS FROM INCOME
Subpart A: Deductions under Standards of the Internal Revenue Service (IRS)
19ANational Standards: food, clothing and other items. Enter in Line 19A the "Total" amount from IRS NationalStandards for Food, Clothing and Other Items for the applicable household size. (This information is available atwww.usdoj.gov/ust/ or from the clerk of the bankruptcy court.) $
19B
National Standards: health care. Enter in Line a1 below the amount from IRS National Standards for Out-of-Pocket Health Care for persons under 65 years of age, and in Line a2 the IRS National Standards for Out-of-Pocket Health Care for persons 65 years of age or older. (This information is available atwww.usdoj.gov/ust/ or from the clerk of the bankruptcy court.) Enter in Line b1 the number of members of your household who are under 65 years of age, and enter in Line b2 the number of members of your household who are65 years of age or older. (The total number of household members must be the same as the number stated in Line14b.) Multiply Line a1 by Line b1 to obtain a total amount for household members under 65, and enter the result inLine c1. Multiply Line a2 by Line b2 to obtain a total amount for household members 65 and older, and enter theresult in Line c2. Add Lines c1 and c2 to obtain a total health care amount, and enter the result in Line 19B.
$
20ALocal Standards: housing and utilities; non-mortgage expenses. Enter the amount of the IRS Housing and Utilities Standards; non-mortgage expenses for the applicable county and household size. (This information isavailable at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court). $
Software Copyright (c) 1996-2010 Best Case Solutions - Evanston, IL - bestcase.com Best Case Bankruptcy
$
b. $
c. $
Household members under 65 years of age Household members 65 years of age or older
a1. Allowance per member a2. Allowance per member
b1. Number of members b2. Number of membersc1. Subtotal c2. Subtotal
d. $
IL b. Enter debtor's household size: 1a. Enter debtor's state of residence:
a.
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20B
Local Standards: housing and utilities; mortgage/rent expense. Enter, in Line a below, the amount of the IRSHousing and Utilities Standards; mortgage/rent expense for your county and household size (this information isavailable at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court); enter on Line b the total of the AverageMonthly Payments for any debts secured by your home, as stated in Line 42; subtract Line b from Line a and enter
the result in Line 20B. Do not enter an amount less than zero.
$
21
Local Standards: housing and utilities; adjustment. If you contend that the process set out in Lines 20A and 20B does not accurately compute the allowance to which you are entitled under the IRS Housing and UtilitiesStandards, enter any additional amount to which you contend you are entitled, and state the basis for your contention in the space below:
$
22A
Local Standards: transportation; vehicle operation/public transportation expense.You are entitled to an expense allowance in this category regardless of whether you pay the expenses of operating avehicle and regardless of whether you use public transportation.
Check the number of vehicles for which you pay the operating expenses or for which the operating expenses areincluded as a contribution to your household expenses in Line 8.
0 1 2 or more.
If you checked 0, enter on Line 22A the "Public Transportation" amount from IRS Local Standards:
Transportation. If you checked 1 or 2 or more, enter on Line 22A the "Operating Costs" amount from IRS LocalStandards: Transportation for the applicable number of vehicles in the applicable Metropolitan Statistical Area or Census Region. (These amounts are available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court.) $
22B
Local Standards: transportation; additional public transportation expense. If you pay the operating expensesfor a vehicle and also use public transportation, and you contend that you are entitled to an additional deduction for you public transportation expenses, enter on Line 22B the "Public Transportation" amount from IRS LocalStandards: Transportation. (This amount is available at www.usdoj.gov/ust/ or from the clerk of the bankruptcycourt.) $
23
Local Standards: transportation ownership/lease expense; Vehicle 1. Check the number of vehicles for whichyou claim an ownership/lease expense. (You may not claim an ownership/lease expense for more than twovehicles.)
1 2 or more.
Enter, in Line a below, the "Ownership Costs" for "One Car" from the IRS Local Standards: Transportation
(available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court); enter in Line b the total of the AverageMonthly Payments for any debts secured by Vehicle 1, as stated in Line 42; subtract Line b from Line a and enter the result in Line 23. Do not enter an amount less than zero.
$
24
Local Standards: transportation ownership/lease expense; Vehicle 2. Complete this Line only if you checked the "2 or more" Box in Line 23.
Enter, in Line a below, the "Ownership Costs" for "One Car" from the IRS Local Standards: Transportation(available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court); enter in Line b the total of the AverageMonthly Payments for any debts secured by Vehicle 2, as stated in Line 42; subtract Line b from Line a and enter
the result in Line 24. Do not enter an amount less than zero.
$
25Other Necessary Expenses: taxes. Enter the total average monthly expense that you actually incur for all federal,state and local taxes, other than real estate and sales taxes, such as income taxes, self employment taxes, socialsecurity taxes, and Medicare taxes. Do not include real estate or sales taxes. $
26Other Necessary Expenses: involuntary deductions for employment. Enter the total average monthly payrolldeductions that are required for your employment, such as retirement contributions, union dues, and uniform costs.Do not include discretionary amounts, such as voluntary 401(k) contributions. $
Software Copyright (c) 1996-2010 Best Case Solutions - Evanston, IL - bestcase.com Best Case Bankruptcy
b.Average Monthly Payment for any debts secured by Vehicle1, as stated in Line 42 $
c. Net ownership/lease expense for Vehicle 1 Subtract Line b from Line a.
b. Average Monthly Payment for any debts secured by your home, if any, as stated in Line 42 $
a. IRS Transportation Standards, Ownership Costs $
b.Average Monthly Payment for any debts secured by Vehicle2, as stated in Line 42 $
c. Net ownership/lease expense for Vehicle 2 Subtract Line b from Line a.
c. Net mortgage/rental expense Subtract Line b from Line a.
a. IRS Housing and Utilities Standards; mortgage/rental expense $
a. IRS Transportation Standards, Ownership Costs $
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27Other Necessary Expenses: life insurance. Enter total average monthly premiums that you actually pay for termlife insurance for yourself. Do not include premiums for insurance on your dependents, for whole life or forany other form of insurance. $
28Other Necessary Expenses: court-ordered payments. Enter the total monthly amount that you are required to
pay pursuant to the order of a court or administrative agency, such as spousal or child support payments. Do notinclude payments on past due obligations included in Line 44. $
29
Other Necessary Expenses: education for employment or for a physically or mentally challenged child. Enter
the total average monthly amount that you actually expend for education that is a condition of employment and for education that is required for a physically or mentally challenged dependent child for whom no public education providing similar services is available. $
30 Other Necessary Expenses: childcare. Enter the total average monthly amount that you actually expend onchildcare - such as baby-sitting, day care, nursery and preschool. Do not include other educational payments. $
31
Other Necessary Expenses: health care. Enter the total average monthly amount that you actually expend onhealth care that is required for the health and welfare of yourself or your dependents, that is not reimbursed byinsurance or paid by a health savings account, and that is in excess of the amount entered in Line 19B. Do notinclude payments for health insurance or health savings accounts listed in Line 34. $
32
Other Necessary Expenses: telecommunication services. Enter the total average monthly amount that youactually pay for telecommunication services other than your basic home telephone and cell phone service - such as
pagers, call waiting, caller id, special long distance, or internet service - to the extent necessary for your health and
welfare or that of your dependents. Do not include any amount previously deducted. $
33 Total Expenses Allowed under IRS Standards. Enter the total of Lines 19 through 32. $
Subpart B: Additional Living Expense Deductions
Note: Do not include any expenses that you have listed in Lines 19-32
34
Health Insurance, Disability Insurance, and Health Savings Account Expenses. List the monthly expenses inthe categories set out in lines a-c below that are reasonably necessary for yourself, your spouse, or your dependents.
$
Total and enter on Line 34.
If you do not actually expend this total amount, state your actual total average monthly expenditures in the space below:
$
35
Continued contributions to the care of household or family members. Enter the total average actual monthlyexpenses that you will continue to pay for the reasonable and necessary care and support of an elderly, chronicallyill, or disabled member of your household or member of your immediate family who is unable to pay for suchexpenses. $
36Protection against family violence. Enter the total average reasonably necessary monthly expenses that youactually incurred to maintain the safety of your family under the Family Violence Prevention and Services Act or other applicable federal law. The nature of these expenses is required to be kept confidential by the court. $
37
Home energy costs. Enter the total average monthly amount, in excess of the allowance specified by IRS LocalStandards for Housing and Utilities, that you actually expend for home energy costs. You must provide your casetrustee with documentation of your actual expenses, and you must demonstrate that the additional amount
claimed is reasonable and necessary. $
38
Education expenses for dependent children less than 18. Enter the total average monthly expenses that youactually incur, not to exceed $137.50 per child, for attendance at a private or public elementary or secondary
school by your dependent children less than 18 years of age. You must provide your case trustee withdocumentation of your actual expenses, and you must explain why the amount claimed is reasonable andnecessary and not already accounted for in the IRS Standards. $
Software Copyright (c) 1996-2010 Best Case Solutions - Evanston, IL - bestcase.com Best Case Bankruptcy
Health Insurance $
b. Disability Insurance $
c. Health Savings Account $
a.
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39
Additional food and clothing expense. Enter the total average monthly amount by which your food and clothingexpenses exceed the combined allowances for food and clothing (apparel and services) in the IRS NationalStandards, not to exceed 5% of those combined allowances. (This information is available at www.usdoj.gov/ust/or from the clerk of the bankruptcy court.) You must demonstrate that the additional amount claimed isreasonable and necessary. $
40 Continued charitable contributions. Enter the amount that you will continue to contribute in the form of cash or financial instruments to a charitable organization as defined in 26 U.S.C. § 170(c)(1)-(2). $
41 Total Additional Expense Deductions under § 707(b). Enter the total of Lines 34 through 40 $
Subpart C: Deductions for Debt Payment
42
Future payments on secured claims. For each of your debts that is secured by an interest in property that youown, list the name of the creditor, identify the property securing the debt, and state the Average Monthly Payment,and check whether the payment includes taxes or insurance. The Average Monthly Payment is the total of allamounts scheduled as contractually due to each Secured Creditor in the 60 months following the filing of the
bankruptcy case, divided by 60. If necessary, list additional entries on a separate page. Enter the total of theAverage Monthly Payments on Line 42.
Name of Creditor Property Securing the Debt Average MonthlyPayment
Does paymentinclude taxesor insurance?
a. $ yesno
Total: Add Lines $
43
Other payments on secured claims. If any of debts listed in Line 42 are secured by your primary residence, amotor vehicle, or other property necessary for your support or the support of your dependents, you may include inyour deduction 1/60th of any amount (the "cure amount") that you must pay the creditor in addition to the
payments listed in Line 42, in order to maintain possession of the property. The cure amount would include anysums in default that must be paid in order to avoid repossession or foreclosure. List and total any such amounts inthe following chart. If necessary, list additional entries on a separate page.
Name of Creditor Property Securing the Debt 1/60th of the Cure Amount
a. $
Total: Add Lines $
44Payments on prepetition priority claims. Enter the total amount, divided by 60, of all priority claims, such as
priority tax, child support and alimony claims, for which you were liable at the time of your bankruptcy filing. Donot include current obligations, such as those set out in Line 28. $
45
Chapter 13 administrative expenses. If you are eligible to file a case under Chapter 13, complete the following
chart, multiply the amount in line a by the amount in line b, and enter the resulting administrative expense.
$
46 Total Deductions for Debt Payment. Enter the total of Lines 42 through 45. $
Subpart D: Total Deductions from Income
47 Total of all deductions allowed under § 707(b)(2). Enter the total of Lines 33, 41, and 46. $
Part VI. DETERMINATION OF § 707(b)(2) PRESUMPTION48 Enter the amount from Line 18 (Current monthly income for § 707(b)(2)) $
49 Enter the amount from Line 47 (Total of all deductions allowed under § 707(b)(2)) $
50 Monthly disposable income under § 707(b)(2). Subtract Line 49 from Line 48 and enter the result. $
51 60-month disposable income under § 707(b)(2). Multiply the amount in Line 50 by the number 60 and enter theresult. $
Software Copyright (c) 1996-2010 Best Case Solutions - Evanston, IL - bestcase.com Best Case Bankruptcy
a. Projected average monthly Chapter 13 plan payment. $
b. Current multiplier for your district as determined under schedulesissued by the Executive Office for United States Trustees. (Thisinformation is available at www.usdoj.gov/ust/ or from the clerk of the bankruptcy court.) x
c. Average monthly administrative expense of Chapter 13 case Total: Multiply Lines a and b
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52
Initial presumption determination. Check the applicable box and proceed as directed.
The amount on Line 51 is less than $6,575. Check the box for "The presumption does not arise" at the top of page 1 of thisstatement, and complete the verification in Part VIII. Do not complete the remainder of Part VI.
The amount set forth on Line 51 is more than $10,950 Check the box for "The presumption arises" at the top of page 1 of thisstatement, and complete the verification in Part VIII. You may also complete Part VII. Do not complete the remainder of Part VI.
The amount on Line 51 is at least $6,575, but not more than $10,950. Complete the remainder of Part VI (Lines 53 through 55).
53 Enter the amount of your total non-priority unsecured debt $
54 Threshold debt payment amount. Multiply the amount in Line 53 by the number 0.25 and enter the result. $
55
Secondary presumption determination. Check the applicable box and proceed as directed.
The amount on Line 51 is less than the amount on Line 54. Check the box for "The presumption does not arise" at the top of page 1of this statement, and complete the verification in Part VIII.
The amount on Line 51 is equal to or greater than the amount on Line 54. Check the box for "The presumption arises" at the topof page 1 of this statement, and complete the verification in Part VIII. You may also complete Part VII.
Part VII. ADDITIONAL EXPENSE CLAIMS
56 Other Expenses. List and describe any monthly expenses, not otherwise stated in this form, that are required for the health and welfare of you and your family and that you contend should be an additional deduction from your current monthly income under §707(b)(2)(A)(ii)(I). If necessary, list additional sources on a separate page. All figures should reflect your average monthly expense for
each item. Total the expenses.
Part VIII. VERIFICATION
57
I declare under penalty of perjury that the information provided in this statement is true and correct. (If this is a joint case, both debtorsmust sign.)
Scott Allen Bidgood
(Debtor)
Software Copyright (c) 1996-2010 Best Case Solutions - Evanston, IL - bestcase.com Best Case Bankruptcy
c. $
d. $
Total: Add Lines a, b, c, and d $
Expense Description Monthly Amount
a. $
Date: 1-18-10 Signature: /s/ Scott Allen Bidgood
b. $
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B22A (Official Form 22A) (Chapter 7) (12/08) 8
Current Monthly Income Details for the Debtor
Debtor Income Details:Income for the Period 09/01/2009 to 02/28/2010.
Line 10 - Income from all other sources
Source of Income: Link Card (food stamps)
Constant income of $181.00 per month.
Non-CMI - Social Security Act Income
Source of Income: Social Security
Constant income of $867.00 per month.
Software Copyright (c) 1996-2010 Best Case Solutions - Evanston, IL - bestcase.com Best Case Bankruptcy
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B18 (Official Form 18) (12/07)
United States Bankruptcy Court
Northern District of Illinois
Case No. 10−10313
Chapter 7
In re: Debtor (name(s) used by the debtor(s) in the last 8 years, including married, maiden, trade,
and address):Scott Allen Bidgood34w584 Illinois St.Saint Charles, IL 60174
Social Security / Individual Taxpayer ID No.:xxx−xx−4782
Employer Tax ID / Other nos.:
DISCHARGE OF DEBTOR
It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The debtoris granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code).
FOR THE COURT
Dated: June 21, 2010 Kenneth S. Gardner, Clerk United States Bankruptcy Court
SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION.
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B18 (Official Form 18) (12/07) − Cont.
EXPLANATION OF BANKRUPTCY DISCHARGEIN A CHAPTER 7 CASE
This court order grants a discharge to the person named as the debtor. It is not a dismissal of the case andit does not determine how much money, if any, the trustee will pay to creditors.
Collection of Discharged Debts Prohibited
The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. Forexample, a creditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, toattach wages or other property, or to take any other action to collect a discharged debt from the debtor.[In a caseinvolving community property: There are also special rules that protect certain community property owned by thedebtor's spouse, even if that spouse did not file a bankruptcy case.] A creditor who violates this order can be requiredto pay damages and attorney's fees to the debtor.
However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest,against the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case.Also, a debtor may voluntarily pay any debt that has been discharged.
Debts That are Discharged
The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged.Most, but not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If thiscase was begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies todebts owed when the bankruptcy case was converted.)
Debts that are Not Discharged.
Some of the common types of debts which are not discharged in a chapter 7 bankruptcy case are:
a. Debts for most taxes;
b. Debts incurred to pay nondischargeable taxes (in a case filed on or after October 17, 2005);
c. Debts that are domestic support obligations;
d. Debts for most student loans;
e. Debts for most fines, penalties, forfeitures, or criminal restitution obligations;
f. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or aircraftwhile intoxicated;
g. Some debts which were not properly listed by the debtor;
h. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are notdischarged;
i. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement incompliance with the Bankruptcy Code requirements for reaffirmation of debts; and
j. Debts owed to certain pension, profit sharing, stock bonus, other retirement plans, or to the Thrift SavingsPlan for federal employees for certain types of loans from these plans (in a case filed on or after October 17,2005).
This information is only a general summary of the bankruptcy discharge. There are exceptions tothese general rules. Because the law is complicated, you may want to consult an attorney to determine theexact effect of the discharge in this case.
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CERTIFICATE OF NOTICE
District/off: 0752-1 User: vwalker Page 1 of 1 Date Rcvd: Jun 21, 2010Case: 10-10313 Form ID: b18 Total Noticed: 27
The following entities were noticed by first class mail on Jun 23, 2010.db +Scott Allen Bidgood, 34w584 Illinois St., Saint Charles, IL 60174-6815aty +Erick J Bohlman, Bohlman Law Offices, PC, 780 McArdle Dr., Unit F, Crystal Lake, IL 60014-8155tr +Roy Safanda, Safanda Law Firm, 111 East Side Drive, Geneva, IL 60134-240215237236 +Allied Interstate Inc, 3000 Corporate Exchange Dr., 5th Floor, Columbus, OH 43231-772315237237 +Amer Rec Sys, 8501 W Higgins Rd, Chicago, IL 60631-280115237238 +Aspire, Pob 105555, Atlanta, GA 30348-555515237246 +Commercial Recovery Systems, Inc., 8035 East R.L Thornton, Ste. 220, PO Box 570909, Dallas, TX 75357-090915237247 +Debt Recovery Solution, Attention: Bankruptcy, Po Box 9001, Westbury, NY 11590-900115237249 +Enhanced Recovery Corp, 8014 Bayberry Rd, Jacksonville, FL 32256-741215237250 Erskine & Fleisher, 55 Weston Rd., Ste. 300, Fort Lauderdale, FL 33326-117015237251 +Hertz Rental Cars, 225 Brae Blvd., Park Ridge, NJ 07656-187015237254 +Jefferson Capital Syst, 16 Mcleland Rd, Saint Cloud, MN 56303-219815237256 Northstar Location Services, LLC, 4285 Genesee St., Cheektowaga, NY 14225-194315237257 +Pentagroup Financial LLC, 5959 Corporate Dr., Ste. 1400, Houston, TX 77036-2311
The following entities were noticed by electronic transmission on Jun 21, 2010.15237239 +EDI: BANKAMER2.COM Jun 21 2010 18:43:00 Bank Of America, Po Box 17054, Wilmington, DE 19850-705415237240 +EDI: BANKAMER2.COM Jun 21 2010 18:43:00 Bank Of America, Po Box 1598, Norfolk, VA 23501-159815237241 +EDI: TSYS2.COM Jun 21 2010 18:48:00 Barclays Bank Delaware, Attention: Customer Support Department, Po Box 8833, Wilmington, DE 19899-8833
15237242 +EDI: CAPITALONE.COM Jun 21 2010 18:43:00 Capital 1 Bank, Attn: C/O TSYS Debt Management, Po Box 5155, Norcross, GA 30091-515515237244 +EDI: CHASE.COM Jun 21 2010 18:43:00 Chase, Po Box 15298, Wilmington, DE 19850-529815237243 EDI: CHASE.COM Jun 21 2010 18:43:00 Chase, Bank One Card Serv, Westerville, OH 4308115237245 +EDI: CITICORP.COM Jun 21 2010 18:43:00 Citgo Oil / Citibank, Attn: Centralized Bankruptcy, Po Box 20507, Kansas City, MO 64195-050715237248 +EDI: DISCOVER.COM Jun 21 2010 18:43:00 Discover Fin Svcs Llc, Po Box 15316, Wilmington, DE 19850-531615237252 +EDI: HFC.COM Jun 21 2010 18:43:00 Hsbc Bank, Attn: Bankruptcy, Po Box 5253, Carol Stream, IL 60197-525315237253 +EDI: HFC.COM Jun 21 2010 18:43:00 Hsbc/rs, Attn: Bankruptcy, 961 Weigel Dr, Elmhurst, IL 60126-105815237255 +EDI: RMSC.COM Jun 21 2010 18:43:00 Lowes / MBGA, Attention: Bankruptcy Department, Po Box 103106, Roswell, GA 30076-910615237258 +EDI: SEARS.COM Jun 21 2010 18:43:00 Sears/cbsd, Po Box 6189, Sioux Falls, SD 57117-618915237259 +EDI: CITICORP.COM Jun 21 2010 18:43:00 Shell Oil / Citibank, Attn.: Centralized Bankruptcy, Po Box 20507, Kansas City, MO 64195-0507 TOTAL: 13
***** BYPASSED RECIPIENTS *****
NONE. TOTAL: 0
Addresses marked ’+’ were corrected by inserting the ZIP or replacing an incorrect ZIP.USPS regulations require that automation-compatible mail display the correct ZIP.
I, Joseph Speetjens, declare under the penalty of perjury that I have sent the attached document to the above listed entities in the mannershown, and prepared the Certificate of Notice and that it is true and correct to the best of my information and belief.
Meeting of Creditor Notices only (Official Form 9): Pursuant to Fed. R. Bank. P. 2002(a)(1), a notice containing the complete Social SecurityNumber (SSN) of the debtor(s) was furnished to all parties listed. This official court copy contains the redacted SSN as required by thebankruptcy rules and the Judiciary’s privacy policies.
Date: Jun 23, 2010 Signature:
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Freedom of Information Act Request to theOffice of the Kane County Clerk
**Note to Requester: This form is designed to provide you with helpful guidance on howto submit a FOIA request to the Kane County Clerk’s office. You do not need to use this
form. You may submit a FOIA request in any written format that you choose. You should retain a copy of your FOIA request for your files.**
Request Submitted to: The Kane County Clerk719 S. Batavia Avenue—Bldg. B
Geneva, Illinois 60134
Date Requested: __________________________________
Request Submitted by: ____Email ____U.S. Mail ____Fax ____In Person
Name of Requester: ________________________________________________________
Street Address: ____________________________________________________________
City/State/Zip: ____________________________________________________________
Telephone (Optional): _____________________Email (Optional): ___________________
Fax (Optional): __________________________
Records requested: Provide as much specific detail as possible to help identify theinformation that you are seeking. Additional pages may be attached if necessary.
_________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________
_________________________________________________________________________
Do you want to receive copies of the documents? ____Yes ____No
Or do you want to review the documents in the Kane County Clerk’s Office? ___Yes ___No
December 23, 2015
✔
Neil J Gillespie
8092 SW 115th Loop
Ocala/Florida/34481
This is a FOIA request for a copy of the marriage record of Elizabeth Bauerle and Scott Bidgood. Mr. Bidgood’saddress is shown as 34w584 Illinois St., Saint Charles, IL 60174 on his voluntary petition for chapter 7bankruptcy, Case 10-10313, U.S. Bankruptcy Court, Northern District of Illinois (Chicago).
I am making this FOIA as an attorney in fact for matters in the state of Florida. Sperry v. Florida, 373 U.S. 379(1963). This FOIA affects interstate commerce, so I am also making this FOIA under the Commerce Clause, Article 1, Section 8, Clause 3, of the U.S. Constitution. I am also making this FOIA under the Equal ProtectionClause of the Fourteenth Amendment to the U.S. Constitution, see the attached email. I am also making thisFOIA under the Supremacy Clause, Article Six, Clause 2 of the U.S. Constitution, see the attached email.
✔
✔
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If you would like to receive copies of the documents:
Do you want paper copies or electronic copies? _____Paper _____Electronic
If you want electronic copies, please indicate the format in which you would like to receivethem: ____________________________________________________________________
The Kane County Clerk’s Office will provide documents in the electronic format requested, iffeasible.
Is this request for a commercial purpose? _____Yes _____No
It is a violation fo the Freedom of Information Act for a person to knowingly obtain apublic record for a commercial purpose without disclosing that it is for a commercialpurpose, if it is requested to do so by the public body. 5 ILCS 140.3.1 (c)
Are you requesting a fee waiver? _____Yes _____No
If you are requesting a waiver of any fees for copying the documents, you must attach astatement of the purpose of the request and whether the principal purpose of the re-quest is to access or disseminate information regarding the health, safety and welfare orlegal rights of the general public. 5 ILCS 140/6 (c)
✔
PDF
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Neil Gillespie
From: "Neil Gillespie" To: ; "Becker, Shauna" ;
; Cc: ; "Neil Gillespie" Sent: Wednesday, December 23, 2015 1:23 PM
Attach: FOIA-Neil J Gillespie to Kane County, IL Dec-23-2015.pdf Subject: Freedom of Information Act Request
Page 1 of 2
12/23/2015
VIA Email: [email protected] of Information Act (FOIA) Officers:Shauna Becker, John Emerson Jr., Raymond Esquivel
John A. CunninghamKane County ClerkFOIA Request719 S Batavia Ave, Bldg BGeneva, IL 60134
Cc: Joseph McMahon, Kane County State’s Attorney, [email protected]
Re: Freedom of Information Act Request
Please find attached to this email my Freedom of Information Act Request.
This is a FOIA request for a copy of the marriage record of Elizabeth Bauerle and Scott Bidgood. Mr.Bidgood’s address is shown as 34w584 Illinois St., Saint Charles, IL 60174 on his voluntary petition forchapter 7 bankruptcy, Case 10-10313, U.S. Bankruptcy Court, Northern District of Illinois (Chicago).
I am making this FOIA as an attorney in fact for matters in the state of Florida. Sperry v. Florida, 373U.S. 379 (1963). This FOIA affects interstate commerce, so I am also making this FOIA the CommerceClause, Article 1, Section 8, Clause 3, of the U.S. Constitution. I am also making this FOIA under theEqual Protection Clause of the Fourteenth Amendment to the U.S. Constitution, as set forth below. I amalso making this FOIA under the Supremacy Clause, Article Six, Clause 2 of the U.S. Constitution, asset forth below.
The Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., including 5 ILCS 140/7 Exemptions: (b) private information, as it pertains to a marriage record, is unconstitutional under the Equal ProtectionClause of the Fourteenth Amendment to the United States Constitution, and Florida Statutes, Chapter382 et seq. The clause, which took effect in 1868, provides that no state shall deny to any person withinits jurisdiction "the equal protection of the laws". http://en.wikipedia.org/wiki/Equal_Protection_Clause
Florida Statutes, section 382.002(18) "Vital statistics" means a system of registration, collection, preservation, amendment, and certification of vital records, the collection of other reports required bythis act, and activities related thereto, including the tabulation, analysis, and publication of data obtainedfrom vital records.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0382/Sections/0382.002.html
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Chapter 382 Florida Statutes, Vital Statistics
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0382/0382ContentsIndex.html&StatuteYear=2015&Title=-%3E2015-%3EChapter%20382
382.003 Powers and duties of the department382.004 Reproduction and destruction of records
382.005 Duties of local registrars382.021 Department to receive marriage licenses382.025 Certified copies of vital records; confidentiality; research(2) OTHER RECORDS.—(a) The department shall authorize the issuance of a certified copy of all or part of any marriage,dissolution of marriage, or death or fetal death certificate, excluding that portion which is confidentialand exempt from the provisions of s. 119.07(1) as provided under s. 382.008, to any person requesting itupon receipt of a request and payment of the fee prescribed by this section.
Florida Department of Health website,
Marriage licenses from June 6, 1927 to the present are available at this office. Any marriage record priorto June 6, 1927 is obtainable from the county Clerk of Court where the marriage license was issued.Beginning in 1972, the application to marry section was incorporated with the front of the marriagerecord. The application to marry may be available from the Clerk of Court for events prior to 1972.
The fee for a marriage record is $5.00 for one certification and $4.00 for each additional certification ofthe same record when ordered at the same time. No restrictions exist for ordering these records.
http://www.floridahealth.gov/certificates/certificates/marriage/index.html
The Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., including 5 ILCS 140/7 Exemptions: (b) private information, as it pertains to a marriage record, is also unconstitutional under the SupremacyClause, and the federal FOIA, 5 U.S. Code § 552, that does not provide for an exemption under 5 ILCS140/7 Exemptions: (b) private information. The Supremacy Clause, the provision in Article Six, Clause2 of the U.S. Constitution that establishes the U.S. Constitution, federal statutes, and U.S. treaties as "thesupreme law of the land". It provides that these are the highest form of law in the U.S. legal system, andmandates that all state judges must follow federal law when a conflict arises between federal law andeither the state constitution or state law of any state. http://en.wikipedia.org/wiki/Supremacy_Clause
My Statement of Purpose for waiver of FOIA fees: I am making this request as an attorney in fact formatters in the state of Florida. Sperry v. Florida, 373 U.S. 379 (1963).
Thank you for the courtesy of a response. PLEASE RESPOND BY EMAIL ONLY
Sincerely,
Neil J. Gillespie8092 SW 115th LoopOcala, Florida 34481Tel. 352-854-7807Email: [email protected]
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Electronically Filed
07 08 2013
07:33:04
PM ET
IN THE CIRCUIT COURT OF THE
FIFTH JUDICIAL CIRCUIT OF
FLORIDA IN
AND
MARION COUNTY
GENERAL JURISDICTION DIVISION
REVERSE MORTGAGE SOLUTIONS, INC., Case No.: 2013-CA-000115
Plaintiff,
v
MARK GILLESPIE et al.,
Defendants.
NOTICE OF DEFENDANTS' CONSENT TO ,JUDGMENT
Defendants, MARK GILLESPIE and JOEITA GILLESPIE AKA UNKNOWN SPOUSE
OF MARK GILLESPIE and ELIZABETH BAUERLE NKA ELIZABETH BIDGOOD
(hereinafter, the Defendants ), file this Notice of Defendant's Consent to Judgment:
1
The Defendants, MARK GILLESPIE and JOETTA GILLESPIE AKA
UNKNOWN SPOUSE OF MARK GILLESPIE and ELIZABETH BAUERLE NKA
ELIZABETH BIDGOOD, have been named as Defendants in this action.
2 Plaintiff is seeking to recover the property located at
8092 SW 115th Loop,
Ocala, FL 34481 based on
an
event
of
default under the terms
of
the Adjustable Rate Note
(Home Equity Conversion) a/kIa reverse mortgage .
3 Because this is a reverse mortgage, the Defendants have no financial liability
under the terms of the subject loan. See paragraph 7(a) of the Note and 9(a) of the Mortgage.
4. Defendants do not wish to contest entry
of
final judgment against Defendants.
5. The Defendants desire swift resolution to this action so they hereby give consent
to
having Judgment entered in favor
of
the Plaintiff in this action.
KEL
File #13LAW34876
10
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY
that I have electronically filed via the Florida Courts eFiling
Portal and furnished a true and correct copy of the foregoing to Angela
M.
Brenwald, Esquire, of
McCalla Raymer LLC, 225 E. Robinson S1. Orlando, FL 32801,
[email protected]; via
[x]
Email Delivery, today July 5, 2013.
KAUFMAN, ENGLETT LYND, PLLC
/s/ Anthony J. Solomon
Anthony J. Solomon, Esq.
Florida Bar No. 93057
111
N.
Magnolia Avenue, Suite 1600
Orlando, FL 32801
Telephone No.: (407) 513-1900
Primary Email: [email protected]
Secondary Email: [email protected]
Attorney for Defendants: MARK GILLESPIE and
JO TI
A GILLESPIE AKA UNKNOWN SPOUSE OF
MARK GILLESPIE