Susan Clickner Chapter 13 Bankruptcy 2004
Susan Clickner Chapter 13 Bankruptcy 2004
Date led: 07/29/2004 Date of last ling: 11/30/2006 Plan conrmed: 06/08/2005 Date discharged: 11/16/2006 Date terminated: 11/28/2006
Case Summary
Ofce: Wilkes-Barre County: Tioga Fee: Paid Origin: 0 Previous term: Joint: y Disposition : Standard Discharge Nature of debt: consumer Pending status: Awaiting Trustee's Report ,Case Closed Flags: CREDS, PlnCnfrmd, PreACT, CLOSED Trustee: United States Trustee Trustee: Charles J. DeHart, III (Trustee) City: Harrisburg Phone: 717 Fax: 717 221-4554 221-4515 City: Hummelstown Fax: 717 566-8313 Phone: 717 566-6097 Email: [email protected] Email: [email protected] Filed: 07/29/2004 Terminated: 11/28/2006 Discharged: 11/16/2006 Reopened: Converted: Dismissed: Conrmation hearing:
Party 1: Aronson, John M (xxx-xx-1508) (Debtor) Party 2: Clickner, Susan L (xxx-xx-6211) (Joint Debtor) Atty: Priscilla Mary Walrath Atty: Priscilla Mary Walrath Represents party 1: Debtor Represents party 2: Joint Debtor Phone: Fax: Email: Phone: Fax: Email: 570 724-3801 570 724-7239 [email protected] 570 724-3801 570 724-7239 [email protected]
Location of case les: Volume: CS1 The case le may not be available.
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Susan L Clickner dba Blue Moon Inn 77 Main Street Wellsboro, PA 16901
Social Security/Taxpayer ID Nos.: xxxxx1508 xxxxx6211 Bankruptcy Trustee (name and address): Charles J. DeHart, III (Trustee) PO Box 410 Hummelstown, PA 17036 Telephone number: 717 5666097
Effective February 1, 2002, all individual debtors must provide picture identification and proof of social security number to the trustee at the meeting of creditors.
Date: October 4, 2004 Time: 11:00 AM Location: Genetti Hotel, 77 East Market Street, WilkesBarre, PA
Meeting of Creditors:
Deadlines:
Papers must be received by the bankruptcy clerk's office by the following deadlines:
Date: 8/25/04
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EXPLANATIONS
A bankruptcy case under chapter 13 of the Bankruptcy Code (title 11, United States Code) has been filed in this court by the debtor(s) listed on the front side, and an order for relief has been entered. Chapter 13 allows an individual with regular income and debts below a specified amount to adjust debts pursuant to a plan. A plan is not effective unless confirmed by the bankruptcy court. You may object to confirmation of the plan and appear at the hearing on your objection. The debtor will remain in possession of the debtor's property and may continue to operate the debtor's business, if any, unless the court orders otherwise.
Prohibited collection actions against the debtor and certain codebtors are listed in Bankruptcy Code 362 and 1301. Common examples of prohibited actions include contacting the debtor by telephone, mail or otherwise to demand repayment; taking actions to collect money or 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. 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. The meeting may be continued and concluded at a later date without any further notice. A Proof of Claim is a signed statement describing a creditor's claim. If a Proof of Claim form is not included with this notice, you can obtain one at any bankruptcy clerk's office. If you do not file a Proof of Claim by the "Deadline to File a Proof of Claim" listed on the front side, you might not be paid any money on your claim against the debtor in the bankruptcy case. To be paid you must file a Proof of Claim even if your claim is listed in the schedules filed by the debtor. 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. The debtor is permitted by law to keep certain property as exempt. Exempt property will not be sold and distributed to creditors, even if the debtor's case is converted to chapter 7. 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. Any paper that you file in this bankruptcy case should be filed at the bankruptcy clerk's office at the address listed on the front side. You may inspect all papers filed, including the list of the debtor's property and debts and the list of property claimed as exempt, at the bankruptcy clerk's office. The staff of the bankruptcy clerk's office cannot give legal advice. You may want to consult an attorney to protect your rights.
Meeting of Creditors
Claims
Legal Advice
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PROOF OF CLAIM
NOTE: This form should not be used to make a claim for an administrative expense arising after the commencement of the case. A "request" for payment of an administrative expense may be led pursuant to 11 U.S.C. 503. Name of Creditor (The person or other entity to whom the debtor Check box if you are aware that owes money or property): anyone else has led a proof of claim relating to your claim. Attach copy of statement giving particulars. Name and Address where notices should be sent: Check box if you have never received any notices from the bankruptcy court in this case. Check box if the address differs from the address on the envelope sent to you by the court. Telephone Number: Account or other number by which creditor identies debtor: 1. Basis for Claim Goods sold Services performed Money loaned Personal injury/wrongful death Taxes Other ________________________________ 2. Date debt was incurred: 4. Total Amount of Claim at Time Case Filed:
Check here if this claim replaces amends
04m53805maf
04-53805
THIS SPACE IS FOR COURT USE ONLY a previously led claim, dated:__________
Retiree benets as dened in 11 U.S.C. 1114(a) Wages, salaries, and compensation (ll out below) Last four digits of SS #: __________ Unpaid compensation for services performed from ____________ to __________________ (date) (date) 3. If court judgment, date obtained:
$_____________ _____________ _____________ _____________ (unsecured) (secured) (priority) (Total) If all or part of your claim is secured or entitled to priority, also complete Item 5 or 7 below. Check this box if claim includes interest or other charges in addition to the principal amount of the claim. Attach itemized statement of all interest or additional charges. 5. Secured Claim. 7. Unsecured Priority Claim. Check this box if your claim is secured by collateral Check this box if you have an unsecured priority claim (including a right of setoff). Amount entitled to priority $______________ Brief Description of Collateral: Specify the priority of the claim: Real Estate Motor Vehicle Wages, salaries, or commissions (up to $4,925),* earned within 90 days Other__________________ before ling of the bankruptcy petition or cessation of the debtors business, whichever is earlier - 11 U.S.C. 507(a)(3). Contributions to an employee benet plan - 11 U.S.C. 507(a)(4). Value of Collateral: $___________________________ Up to $ 2,225* of deposits toward purchase, lease, or rental of property or services for personal, family, or household use - 11 U.S.C. 507(a)(6). Amount of arrearage and other charges __i___ _ __e_ a_t_ e__ ___d t _m case fil_ included in secured claim, if any: $__________________ Alimony, maintenance, or support owed to a spouse, former spouse, or child - 11 U.S.C. 507(a)(7). Taxes or penalties owed to governmental units - 11 U.S.C. 507(a)(8). 6. Unsecured Nonpriority Claim $_____________ Check this box if: a) there is no collateral or lien securing Other - Specify applicable paragraph of 11 U.S.C. 507(a)(__). your claim, or b) your claim exceeds the value of the property *Amounts are subject to adjustment on 4/1/07 and every 3 years thereafter securing it, or if c) none or only part of your claim is entitled to with respect to cases commenced on or after the date of adjustment. priority. 8. Credits: The amount of all payments on this claim has been credited and deducted for the purpose of making this proof of claim. 9. Supporting Documents: Attach copies of supporting documents, such as promissory notes, purchase orders, invoices, itemized statements of running accounts, contracts, court judgments, mortgages, security agreements, and evidence of perfection of lien. DO NOT SEND ORIGINAL DOCUMENTS. If the documents are not available, explain. If the documents are voluminous, attach a summary. 10. Date-Stamped Copy: To receive an acknowledgment of the ling of your claim, enclose a stamped, self-addressed envelope and copy of this proof of claim. Date Sign and print the name and title, if any, of the creditor or other person authorized to le this claim (attach copy of power of attorney, if any):
THIS SPACE IS FOR COURT USE ONLY
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. 152 and 3571.
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---- DEFINITIONS ---Debtor The person, corporation, or other entity that has led a bankruptcy case is called the debtor. Creditor A creditor is any person, corporation, or other entity to whom the debtor owed a debt on the date that the bankruptcy case was led. Proof of Claim A form telling the bankruptcy court how much the debtor owed a creditor at the time the bankruptcy case was led (the amount of the creditors claim). This form must be led with the clerk of the bankruptcy court where the bankruptcy case was led. Secured Claim A claim is a secured claim to the extent that the creditor has a lien on property of the debtor (collateral) that gives the creditor the right to be paid from that property before creditors who do not have liens on the property. Examples of liens are a mortgage on real estate and a security interest in a car, truck, boat, television set, or other item of property. A lien may have been obtained through a court proceeding before the bankruptcy case began; in some states a court judgment is a lien. In addition, to the extent a creditor also owes money to the debtor (has a right of setoff), the creditors claim may be a secured claim. (See also Unsecured Claim.) Unsecured Claim If a claim is not a secured claim it is an unsecured claim. A claim may be partly secured and partly unsecured if the property on which a creditor has a lien is not worth enough to pay the creditor in full. Unsecured Priority Claim Certain types of unsecured claims are given priority, so they are to be paid in bankruptcy cases before most other unsecured claims (if there is sufcient money or property available to pay these claims). The most common types of priority claims are listed on the proof of claim form. Unsecured claims that are not specically given priority status by the bankruptcy laws are classied as Unsecured Nonpriority Claims .
Items to be completed in Proof of Claim form (if not already lled in)
Court, Name of Debtor, and Case Number: Fill in the name of the federal judicial district where the bankruptcy case was led (for example, Central District of California), the name of the debtor in the bankruptcy case, and the bankruptcy case number. If you received a notice of the case from the court, all of this information is near the top of the notice. Information about Creditor: Complete the section giving the name, address, and telephone number of the creditor to whom the debtor owes money or property, and the debtors account number, if any. If anyone else has already led a proof of claim relating to this debt, if you never received notices from the bankruptcy court about this case, if your address differs from that to which the court sent notice, or if this proof of claim replaces or changes a proof of claim that was already led, check the appropriate box on the form. 1. Basis for Claim: Check the type of debt for which the proof of claim is being led. If the type of debt is not listed, check "Other" and briey describe the type of debt. If you were an employee of the debtor, ll in the last four digits of your social security number and the dates of work for which you were not paid. 2. Date Debt Incurred: Fill in the date when the debt rst was owed by the debtor. 3. Court Judgments: If you have a court judgment for this debt, state the date the court entered the judgment. 4. Total Amount of Claim at Time Case Filed: Fill in the applicable amounts, including the total amount of entire claim. If interest or other charges in addition to principal amount of the claim are included, check appropriate place on the form and attach an itemization of interest and charges. the the the the 5. Secured Claim: Check the appropriate place if the claim is a secured claim. You must state the type and value of property that is collateral for the claim, attach copies of the documentation of your lien, and state the amount past due on the claim as of the date the bankruptcy case was led. A claim may be partly secured and partly unsecured. (See DEFINITIONS, above). 6. Unsecured Nonpriority Claim: Check the appropriate place if you have an unsecured nonpriority claim, sometimes referred to as a "general unsecured claim". (See DEFINITIONS, above). If your claim is partly secured and partly unsecured, state here the amount that is unsecured. If part of your claim is entitled to priority, state here the amount not entitled to priority. 7. Unsecured Priority Claim: Check the appropriate place if you have an unsecured priority claim, and state the amount entitled to priority. (See DEFINITIONS, above). A claim may be partly priority and partly nonpriority if, for example, the claim is for more than the amount given priority by the law. Check the appropriate place to specify the type of priority claim. 8. Credits: By signing this proof of claim, you are stating under oath that in calculating the amount of your claim you have given the debtor credit for all payments received from the debtor. 9. Supporting Documents: You must attach to this proof of claim form copies of documents that show the debtor owes the debt claimed or, if the documents are too lengthy, a summary of those documents. If documents are not available, you must attach an explanation of why they are not available.
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Enterprise Systems Incorporated 11487 Sunset Hills Road Reston, Virginia 20190-5234 District/off: 0314-5 Case: 04-53805
CERTIFICATE OF SERVICE
User: PHartman Form ID: B9I Page 1 of 1 Total Served: 11 Date Rcvd: Aug 25, 2004
The following entities were served by first class mail on Aug 27, 2004. db +John M Aronson, 77 Main Street, Wellsboro, PA 16901-1503 jdb +Susan L Clickner, 77 Main Street, Wellsboro, PA 16901-1503 aty +Priscilla M. Walrath, Esq, 126 MAIN ST PO BOX 609, WELLSBORO, PA 16901-1443 tr +Charles J. DeHart, III (Trustee), PO Box 410, Hummelstown, PA 17036-0410 1993171 +BLUE THISTLE, 77 MAIN STREET, WELLSBORO PA 16901-1503 1993172 +CHEMUNG CANAL TRUST, PO BOX 1522, ONE CHEMUNG CANAL PLAZA, ELMIRA NY 14901-3499 1993173 FORD CREDIT, PO BOX 3076, COLUMBIA MD 21045-6076 2007396 +Manufacturers and Traders Trust Co, c/o William P. Carlucci, Esq., 125 East Third Street, Williamsport, PA 17701-6622 1993175 +PNC BANK NATIONAL ASSOCIATION, TWO TOWER CENTER BLVD, EAST BRUNSWICK NJ 08816-1199 1993176 +TIMELESS DESTINATION LLC, 77 MAIN STREET, WELLSBORO PA 16901-1503 The following entities were served by electronic transmission on Aug 25, 2004 and receipt of the transmission was confirmed on: 1993174 +E-mail: [email protected] Aug 25 2004 21:38:15 M AND T MORTGAGE, ONE FOUNTAIN PLAZA, BUFFALO NY 14203-1420 TOTAL: 1 NONE. ***** BYPASSED RECIPIENTS ***** 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 served the attached document on the above listed entities in the manner shown, and prepared the Certificate of Service and that it is true and correct to the best of my information and belief. First Meeting of Creditor Notices only (Official Form 9): Pursuant to Fed. R. Bank. P. 2002(a)(1), a notice containing the complete Social Security Number (SSN) of the debtor(s) was furnished to all parties listed. This official court copy contains the redacted SSN as required by the bankruptcy rules and the Judiciarys privacy policies.
Signature:
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IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
In Re: JOHN M. ARONSON SUSAN L. CLICKNER JOHN M. ARONSON SUSAN L. CLICKNER
} } }
Debtor(s)
PNC BANK
ORDER
is hereby It appearing that there has been no activity in the above matter since 2/17/2005, it
ORDERED that unless the movant takes some action towards resolution or prosecution of this matter on or before 4/17/2005, this matter will be dismissed for lack of prosecution.
Date:
April 5, 2005
(JAT)
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B18W (10/05)
SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION. This document is electronically signed and filed on the same date.
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EXPLANATION OF BANKRUPTCY DISCHARGE IN A CHAPTER 13 CASE This court order grants a discharge to the person named as the debtor after the debtor has completed all payments under the chapter 13 plan. It is not a dismissal of the case. Collection of Discharged Debts Prohibited The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, a creditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wages or other property, or to take any other action to collect a discharged debt from the debtor. [In a case involving community property:] [There are also special rules that protect certain community property owned by the debtor's spouse, even if that spouse did not file a bankruptcy case.] A creditor who violates this order can be required to 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 13 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 is provided for by the chapter 13 plan or is disallowed by the court pursuant to section 502 of the Bankruptcy Code. Debts that are Not Discharged. Some of the common types of debts which are not discharged in a chapter 13 bankruptcy case are: a. Domestic support obligations; b. Debts for most student loans; c. Debts for most fines, penalties, forfeitures, or criminal restitution obligations; d. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or aircraft while intoxicated; e. Debts for restitution, or damages, awarded in a civil action against the debtor as a result of malicious or willful injury by the debtor that caused personal injury to an individual or the death of an individual (in a case filed on or after October 17, 2005); f. Debts provided for under section 1322(b)(5) of the Bankruptcy Code and on which the last payment is due after the date on which the final payment under the plan was due; g. Debts for certain consumer purchases made after the bankruptcy case was filed if prior approval by the trustee of the debtor's incurring the debt was practicable but was not obtained; h. Debts for most taxes to the extend not paid in full under the plan (in a case filed on or after October 17, 2005); and i. Some debts which were not properly listed by the debtor (in a case filed on or after October 17, 2005).
This information is only a general summary of the bankruptcy discharge. There are exceptions to these general rules. Because the law is complicated, you may want to consult an attorney to determine the exact effect of the discharge in this case.
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Bankruptcy Noticing Center 2525 Network Place, 3rd Floor Herndon, Virginia 20171-3514 District/off: 0314-5 Case: 04-53805
CERTIFICATE OF SERVICE
User: JTracy Form ID: B18W Page 1 of 1 Total Served: 19 Date Rcvd: Nov 16, 2006
The following entities were served by first class mail on Nov 18, 2006. db +John M Aronson, 77 Main Street, Wellsboro, PA 16901-1561 jdb +Susan L Clickner, 77 Main Street, Wellsboro, PA 16901-1561 aty +Scott D Moore, Moore Woodhouse and Pawlak, LLP, 150 Lake Street, Elmira, NY 14901-3401 cr +Pramco III, LLC, 6894 Pittsford Palmyra Road, 200 Crosskeys Office Park, ste 230, Fairport, NY 14450-3510 cr +Pramco III, LLC, 230 CrossKeys Office Park, Fairport, NY 14450-3510 1993171 +BLUE THISTLE, 77 MAIN STREET, WELLSBORO PA 16901-1561 1993172 +CHEMUNG CANAL TRUST, PO BOX 1522, ONE CHEMUNG CANAL PLAZA, ELMIRA NY 14901-3408 2200792 +Chemung Canal Bank, c/o Scott Moore, Esq, HSBC Bank Bldg., 150 Lake Street, Elmira, NY 14901-3471 1993173 FORD CREDIT, PO BOX 3076, COLUMBIA MD 21045-6076 2037541 +Ford Motor Credit Company, Drawer 55-953, PO box 55000, Detroit, MI 48255-0001 2037543 Ford Motor Credit Company, PO Box 537901, Livonia, MI 48153-7901 1993174 +M AND T MORTGAGE, ONE FOUNTAIN PLAZA, BUFFALO NY 14203-1420 2200791 +M&T Bank, c/o William Carlucci, Esq., 125 East Third Street, Williamsport, PA 17701-6622 2007396 +Manufacturers and Traders Trust Co, c/o William P. Carlucci, Esq., 125 East Third Street, Williamsport, PA 17701-6622 2071372 +PNC BANK, 2730 LIBERTY AVE, PITTSBURGH PA 15222-4747 1993175 +PNC BANK NATIONAL ASSOCIATION, TWO TOWER CENTER BLVD, EAST BRUNSWICK NJ 08816-1199 2200790 +PNC Bank, National Associates, c/o Donna Donaher, Esq., 1500 One PPG Place, Pittsburgh, PA 15222-5416 2308563 +Scott D Moore, Esq., Moore Woodhouse and Pawlak, LLp, HSBC Bank Bldg., 150 lake Street, Elmira, NY 14901-3401 1993176 +TIMELESS DESTINATION LLC, 77 MAIN STREET, WELLSBORO PA 16901-1561 The following entities were served by electronic transmission. NONE. cr cr cr ***** BYPASSED RECIPIENTS (undeliverable, * duplicate) ***** Chemung Canal Trust Company Manufacturers and Traders Trust Company PNC Bank National Association TOTAL: 0
TOTALS: 3, * 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 served the attached document on the above listed entities in the manner shown, and prepared the Certificate of Service and that it is true and correct to the best of my information and belief. First Meeting of Creditor Notices only (Official Form 9): Pursuant to Fed. R. Bank. P. 2002(a)(1), a notice containing the complete Social Security Number (SSN) of the debtor(s) was furnished to all parties listed. This official court copy contains the redacted SSN as required by the bankruptcy rules and the Judiciarys privacy policies.
Signature:
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FNLDEC
FINAL DECREE
The estate of the above named debtor(s) has been fully administered and the deposit required by the plan has been distributed.
IT IS ORDERED THAT:
Charles J. DeHart, III (Trustee)
is discharged as trustee of the estate of the abovenamed debtor(s); and the chapter 13 case of the above named debtor(s) is closed. Dated: 11/28/06 BY THE COURT
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UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT PENNSYLVANIA IN THE MATTER OF: PAGE 1
) CHAPTER 13 ) CASE NO. 50453805 ) JOHN M ARONSON ) DATE FILED: 07/29/2004 & SUSAN L CLICKNER ) DATE CONFIRMED: 06/08/2005 77 MAIN STREET ) DATE CONCLUDED: 11/15/2006 WELLSBORO, PA 16901 DEBTOR (S) ) ) -----------------------------------------------) CHAPTER 13 STANDING TRUSTEES FINAL REPORT CLOSED COMPLETED/DISCHARGED Pursuant to 11 U.S.C. Section 1302(b)(1) and Rule 2015(2), the Trustee has maintained detailed reports of receipts and disbursements which are as follows ----------------------------------------- -------------------------------------Amount Paid Claim Creditors Name Allowed to Date Balance Due ----------------------------------------- -------------------------------------SECURED 101 PRAMCO III, LLC 102 FORD MOTOR CREDIT CORP. 103 PNC BANK 104 CHEMUNG CANAL TRUST
0.00 0.00 0.00 27,964.46 ------------27,964.46 520.74 1,795.67 ------------2,316.41 0.00 ------------0.00 0.00 ------------0.00
35,206.74 121,404.09
34,686.00 119,608.42
0.00
0.00
0.00
0.00
-------------------------------------------------------------------------------TOTAL RECEIPTS DISBURSED TRUSTEE FEES CASH ON HAND 30,742.00 30,280.87 461.13 0.00 --------------------------------------------------------------------------------
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UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT PENNSYLVANIA IN THE MATTER OF: PAGE 2
) CHAPTER 13 ) CASE NO. 50453805 ) JOHN M ARONSON ) DATE FILED: 07/29/2004 & SUSAN L CLICKNER ) DATE CONFIRMED: 06/08/2005 77 MAIN STREET ) DATE CONCLUDED: 11/15/2006 WELLSBORO, PA 16901 DEBTOR (S) ) ) -----------------------------------------------) CHAPTER 13 STANDING TRUSTEES FINAL REPORT CLOSED COMPLETED/DISCHARGED WHEREFORE, the Trustee prays that a Final Decree be entered discharging him/her as Trustee and releasing the Trustee and the Trustees surety from any and all liability on account of the within proceedings, and closing the estate, and for such other relief as is just. Pursuant to FRBP 5009, I certify the case has been fully administered.
/s/ CHARLES J. DEHART, III P.O. BOX 410 HUMMELSTOWN, PA PRINTED 11/15/06 17036
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