Opinion
Case No. 09-09094-dd.
April 29, 2010
ORDER GRANTING MOTION TO CONVERT CASE
ORDER GRANTING MOTION TO CONVERT CASE
The relief set forth on the following pages, for a total of 10 pages including this page, is hereby ORDERED.
This matter came before the Court on the motion of the United States Trustee (UST) for entry of an order converting this case to one under chapter 7 pursuant to 11 U.S.C. § 1112(b)(1) and (4) (A, B, C, F and H), 28 U.S.C. § 586, and 11 U.S.C. § 307 (the "Motion"). This is a core proceeding and this Court has jurisdiction to determine this matter pursuant to 28 U.S.C. § 157(b)(2) and Local Civil Rule 83.x.01, DSC. The debtor objected to the Motion and hearings were held on March 30, 2010 and April 19, 2010. Based on the arguments and pleadings of counsel and the evidence submitted to the Court, the Court makes the following findings of fact and conclusions of law:
Findings of Fact
At the hearings on March 30, 2010 and April 19, 2010, Julie Smoak, a bankruptcy analyst with the United States Trustee's Office, and Albert J. Sanders, Jr. were called as witnesses and testified in this matter.
The debtor filed for relief under chapter 11 of the Bankruptcy Code on December 4, 2009. The debtor was a pro se debtor at the time of the petition. The debtor has remained in possession since filing. On February 18, 2010, Reid Smith was approved as debtor's counsel in this matter.
When the debtor filed his bankruptcy petition on December 4, 2009, the bankruptcy schedules and statements were not filed. The debtor's bankruptcy schedules and statements were filed on December 18, 2009.
On January 5, 2010, the Court held a status hearing and the debtor was required to pay remaining filing fees within 10 days. The debtor complied with this requirement. The Court encouraged the debtor to obtain counsel and generally inquired as to debtor's business and financial affairs.
On January 5, 2010, the UST had an initial debtor interview (IDI) with the debtor. Mrs. Smoak testified that at an IDI, the administrative requirements of a chapter 11 case are explained to debtors and any deficiencies in the schedules and statements are discussed. Mrs. Smoak testified that the notes from the IDI for this debtor indicated that numerous deficiencies in the schedules and statements were discussed and the debtor was instructed to correct the majority of the deficiencies by the first meeting of creditors to be held on January 11, 2010.
On January 11, 2010, the debtor had not amended the schedules and statements and requested a continuance of the first meeting of creditors to allow him an opportunity to retain counsel. The first meeting of creditors was continued to January 27, 2010.
At the continued first meeting of creditors, the debtor still had not retained counsel. The first meeting of creditors was conducted. Mrs. Smoak testified she was present at the continued first meeting of creditors and that the debtor was instructed to amend his schedules and statements within 10 days of the continued first meeting of creditors. Some of the deficiencies noted were: (1) the bankruptcy petition improperly reflected the case as a single asset real estate case; (2) the debtor did not declare any exemptions; (3) business entities owned by the debtor needed to be added to Schedule B; (4) a breakdown of the business income and expenses needed to be attached to the schedules; (5) executory contracts and unexpired leases needed to be disclosed on schedule G; (6) questions 1 — 3 of the statement of financial affairs needed to be completed; (7) relatives staying in rental houses rent free needed to be disclosed; (8) transfers of money or payments on behalf of the mother of the debtor's son needed to be disclosed; (9) foreclosures needed to be listed on the statement of financial affairs, and (10) any other omission or error needed to be corrected. Amended schedules and statements had not been filed at the time of the March 30, 2010 hearing.
According to Mrs. Smoak, the debtor was also reminded at the continued first meeting of his administrative duties which include the filing of monthly operating reports and the payment of quarterly fees. At the time of the March 30, 2010 hearing, the debtor had failed to file any monthly operating reports. The debtor had remitted $325 as a quarterly fee for the fourth quarter of 2009, but Mrs. Smoak testified that without the monthly operating report there is no way to verify the sufficiency of the amount remitted, as the proper fee is determined based on disbursement of funds.
At the hearing on March 30, 2010, Mrs. Smoak testified that she had reviewed the Lexington County South Carolina real property records, the records from the South Carolina Secretary of State's Office and the public index for Lexington County. She testified that the Lexington County real property records reflected that the debtor had listed real property on schedule A that was not titled in his name individually, that he had omitted at least one real property that was titled in his name individually, and that there had been multiple transfers of real property in the two years before the bankruptcy petition to entities for which the debtor appeared as the registered agent. The transfers were not listed on the schedules and statements. The Secretary of State's Office indicated the debtor was the registered agent for approximately 20 companies, none of which were listed on Schedule B. Mrs. Smoak also stated that the debtor testified at the first meeting of creditors that he had no ownership interest in the companies and they were all companies owned by his ex-wife or mother.
The UST also played a portion of the recording from the first meeting of creditors in which the debtor testified that he has no ownership interest in the companies.
Mrs. Smoak testified that in reviewing the real property records she discovered documents the debtor had signed in which he purported to be the owner of the companies in which he now denied having an ownership interest. Mrs. Smoak stated that the real property records also showed a transfer of property from South Carolina Homes Land, LLC to Angie Stokes on December 30, 2009, after the bankruptcy was filed.
South Carolina Homes Land, LLC is one of the businesses to whom the debtor had transferred real property in the last two years.
Mrs. Smoak testified that the public index for Lexington County indicated a lawsuit was pending between the debtor and the Town of Gilbert. The lawsuit was not listed on the schedules and statements and the real property that was subject to the lawsuit had been transferred to A J Electrical Services, LLC on February 10, 2009.
The debtor acknowledged in his testimony on March 30, 2010, that he had several rental properties in which relatives were living and had not been paying rent. He had testified at the first meeting of creditors that the relatives would begin paying rent in February but that had not occurred at the time of the March 30 hearing.
The debtor stated he has a seventh grade education and that in his 34 years of marriage his ex-spouse handled all financial matters. He testified that his financial troubles resulted from his difficulties in sorting out how to manage the various properties following his divorce.
The debtor acknowledged that he did not have insurance on the majority of the properties and was relying on force placed insurance by the secured creditors.
The debtor was unable to state how much money had been collected from the rental properties since the bankruptcy filing. The debtor was also unable to answer how much the rental income from the properties was on a monthly basis.
The Court finds that the debtor is not financially sophisticated and does not appear capable of managing his properties. The debtor testified that his mother paid the money to his attorney to assist in the bankruptcy as he did not have the funds to do so. The debtor was unable to state how he would pay for an accountant to assist him.
At the March 30, 2010 hearing, the Court found the UST had met his burden of demonstrating cause for the conversion of this case. However, the Court continued the hearing to April 19, 2010 to allow the debtor until April 5, 2010 to cure all deficiencies.
At 4:41 pm on April 5, 2010, the debtor filed his outstanding monthly operating reports, and at 9:28 pm on April 5, 2010, the amended schedules and statements were filed.
The debtor agrees that thereafter, at 8:44 am on April 6, 2010, the UST requested copies of all checks received since the filing of the bankruptcy petition, copies of all checks written by the debtor since the filing of the bankruptcy petition, an identification of the property sold post-petition (because the debtor had checked a box in the monthly reports indicating that property had been sold), and an identification of what pre-petition debts were paid post-petition (again because the debtor had checked a box on the monthly operating reports indicating the payment of pre-petition debts). Mrs. Smoak testified that the UST renewed these requests for information on April 12, 2010 and April 14, 2010. At 7:34 pm on April 14, 2010, emails containing the requested copies of checks were forwarded. Additional bank statements from businesses which the debtor acknowledged he owned were sent on April 16. On April 18, the budget was sent to the UST.
The UST argued that the filing on April 5, 2010 was insufficient to meet the Court's deadline to cure deficiencies because the information was incomplete and that the information provided raised additional questions.
The checks received by the debtor post-petition were admitted into evidence by stipulation of the parties. The checks disclosed two additional businesses (i.e., Manchester Properties, LLC and Cimmaron MHP Rentals, LLC) which the debtor testified were owned by his ex-wife. Manchester Properties, LLC was the entity to whom four rental checks regarding the debtor's rental property were made payable. The majority of the rental checks were made payable to AJS Rental Properties which the debtor also did not mention on the amended schedules and statements. The checks received by debtor included checks issued by the South Carolina Housing Finance and Development Authority. However, the debtor has never amended schedule G to reflect any unexpired leases or executory contracts with the State or with other entities.
The debtor's budget included income from rental units for which the debtor acknowledged he had not received any rent payments post-petition or for which the rent payment was made directly to the mortgage holder and therefore was not available to pay budgeted expenses.
Mrs. Smoak testified at the hearing on April 19, 2010 that many deficiencies remained on the schedules and statements including the failure to amend schedule I and J to provide detailed information on income and expenses and the failure to amend schedule G to add unexpired leases and executory contracts. Mrs. Smoak also testified that the monthly operating reports were deficient as filed as they failed to provide sufficient detail of the debtor's income and expenses.
The debtor acknowledged in his testimony that the monthly operating reports covered the period of the first of the month through the end of the month but the bank statements attached to the February monthly operating report covered the period of February 23 through March 23. In other words, the documentation of income and expenses does not match the proper reporting period.
It was not clear from the debtor's testimony what income was due to him as opposed to income that was due to companies owned by his ex-wife, mother, or other entities. The debtor also did not adequately demonstrate what income was available to fund the bankruptcy case, his reasons for failing to cure all deficiencies on the schedules and statements, the reason the monthly operating reports did not include adequate information or even information that corresponded to the correct period covered by the monthly operating report, or how the debtor would be able to manage the requirements of a debtor in a chapter 11 bankruptcy case.
Mrs. Smoak testified at the March 30 hearing that at least one secured creditor had filed a statement that it did not consent to the use of its cash collateral. At the time of the hearing on April 19, 2010, the debtor still had not filed any motions to use cash collateral.
Conclusions of Law
11 U.S.C. § 1112(b)(1) provides that a debtor's case may be dismissed or converted for "cause". Cause is defined in 11 U.S.C. § 1112(b)(4) to include:
(A) substantial or continuing loss or diminution of the estate and the absence of reasonable likelihood of rehabilitation;
(B) gross mismanagement of the estate;
(C) failure to maintain appropriate insurance that poses a risk to the estate or to the public;
(F) unexcused failure to satisfy timely any filing or reporting requirement established by this title or by any rule applicable to a case under this chapter; and
(H) failure to timely provide information or attend meetings reasonably requested by the United States trustee.
Courts are given broad discretion in determining what may constitute sufficient cause for the dismissal or conversion of a case. Toibb v. Radloff, 501 U.S. 157, 165 (1991).
Here, the debtor has failed to timely satisfy the filing requirements established by Title 11. Section 521(a)(1)(B) of Title 11 requires the debtor to file a schedule of assets and liabilities. The schedules and statements must be accurate. "Bankruptcy is a give-and-take process, and, in order for debtors to receive the benefits and protections of the Bankruptcy Code, they must fulfill their role of complete disclosure to their creditors and the Court." In re Justice, C/A No. 02-01524-jw, slip op. at 7 — 8 (Bankr. D.S.C. 8/29/2002). "[T]he Court will not be placed in the position of ferreting the truth from inaccurate and misleading information supplied by debtors and their counsel." In re Boland, C/A/No. 01-03911-wb slip op. at 2 (Bankr. D.S.C. 5/24/2001). In Justice, the Court found that the inaccurate information in the bankruptcy schedules and statements created a prejudicial delay to the creditors and, in part, constituted cause for conversion. Similarly here, the debtor has been either unable or unwilling to fulfill his duty to provide complete and accurate information in his schedules and statements. The debtor has been in bankruptcy for over four months yet he has failed to file accurate and complete schedules and statements. As such, creditors and parties in interest are prejudiced and deprived of an opportunity to understand the debtor's financial picture. Such conduct constitutes cause for conversion under 11 U.S.C. § 1112(b)(4)(F).
It is unclear what income belongs to the estate and how the income is being used. It is apparent that some estate funds are being collected and used by the debtor but it is not clear whether the use of such funds is appropriate. Moreover, as the income the debtor derives is likely to be subject to the pledge or assignment of such rents, it appears that the creditor's interest in cash collateral has been jeopardized by the debtor's actions without Court authority or consent of the creditors. It appears that the debtor remaining in Chapter 11 is likely to result in a continuing loss and diminution of the estate and is cause as provided in 11 U.S.C. § 1112(b)(4)(A). Moreover, it does not appear that the debtor has a reasonable likelihood of reorganizing.
Cause for conversion under 11 U.S.C. § 1112(b)(4)(H) also exists as debtor's the late filed monthly operating reports are deficient. The UST and creditors and parties in interest have not been provided sufficient information regarding the debtor's activities for the four months he has enjoyed the protections of bankruptcy.
Cause for conversion under 11 U.S.C. § 1112(b)(4)(C) also exists as the debtor testified that he has no insurance on the real property but relies on the secured creditors maintaining force placed insurance. Such insurance generally protects the interest of lien-holders but not the interests of the debtor or the bankruptcy estate.
The UST has indicated that conversion of this case to chapter 7 appears to be in the best interest of creditors. Based on the record, the Court agrees with this recommendation.
The debtor has enjoyed the protections afforded to him under the Bankruptcy Code while failing to meet his duties. His conduct constitutes cause requiring the conversion of his case.
NOW THEREFORE IT IS ORDERED THAT this case should be, and hereby is, converted to chapter 7 pursuant to the provisions of 11 U.S.C. § 1112(b)(1) and (4)(A, C, F and H).
AND IT IS SO ORDERED.
Notice Recipients
Recipients submitted to the BNC (Bankruptcy Noticing Center) without an address: Recipients of Notice of Electronic Filing: Recipients submitted to the BNC (Bankruptcy Noticing Center):
District/Off: 0420-3 User: weathers Date Created: 4/29/2010 Case: 09-09094-dd Form ID: pdf01 Total: 150 541289529 AT 541289527 LEXINGTON MEDICAL CENTER TOTAL: 2 ust US Trustee's Office USTPRegion04.CO.ECF@usdoj.gov aty B-Line, LLC bline.chapter13@blinellc.com aty Lexington County Treasurer chamilton@lex-co.com aty Brian S. Tatum bstatum@tatumlegal.com aty Dean R. Prober cmartin@pprlaw.net aty Edward L. Grimsley egrimsley@grimsleylaw.com aty Elizabeth R. Polk betsyp@scottlaw.com aty Janet B. Haigler jhaigler@finkellaw.com aty Janet B. Haigler jhaigler@finkellaw.com aty Joseph F. Buzhardt, III USTPRegion04.CO.ECF@usdoj.gov aty Linda Barr linda.k.barr@usdoj.gov aty Michael H. Weaver mweaver@mcnair.net aty Reid B. Smith reid@pricebirdlaw.com aty Reid B. Smith reid@pricebirdlaw.com aty Robert P. Wood wood@rtt-law.com TOTAL: 15 db Albert J. Sanders, Jr. 131 E Chateau Drive West Columbia, SC 29170 cr South Carolina Bank and Trust, N.A. c/o Grimsley Law Firm, LLC PO Box 11682 Columbia, SC 29211 cr Aurora Loan Services, LLC, isaoa 2617 College Park Scottsbluff, NE 69361-2294 cr One West Bank, FSB 1587 Northeast Expressway Atlanta, GA 30329 cr BAC Home Loans Servicing, LP c/o Polk, Prober Raphael 20750 Ventura Blvd. #100 Woodland Hills, Ca 91367 cr Branch Banking and Trust Company Post Office Box 1847 Wilson, NC 27894 cr Carolina First Bank c/o Rogers Townsend Thomas, PC Post Office Box 100200 Columbia, SC 29202 aty Reid B. Smith Price, Bird, Smith and Boulware, PA 1712 Saint Julian Place, Suite 102 Columbia, SC 29204 cr LEXINGTON COUNTY TREASURER 212 S LAKE DR LEXINGTON, SC 29072 cr Wachovia Bank, N.A., isaoa PO Box 13765, VA 7359 Roanoke, VA 24037-3765 cr Real Time Resolution, Inc. 1750 Regal Row, Ste 120 PO Box 36655 Dallas, TX 75235 cr Roundup Funding, LLC MS 550 PO Box 91121 Seattle, WA 98111-9221 541289525 ADVANTA BUSINESS CARDS PO BOX 8088 PHILADELPHIA PA 19101 541289460 ALLIED INTERSTATE INC PO BOX 361774 COLUMBUS OH 43236 541289490 ALLIED INTERSTATE INC PO BOX 361774 COLUMBUS OH 43236 541289522 ALLIED INTERSTATE INC PO BOX 361774 COLUMBUS OH 43236 541289539 ALLIED INTERSTATE INC PO BOX 361774 COLUMBUS OH 43236 541289526 AMCOL SYSTEMS INC AKA LEXINGTON MEDICAL CENTER PO BOX 21625 COLUMBIA SC 29221 541289540 AMERICAN EXPRESS PO BOX 650448 DALLAS TX 75265-0448 541289546 AMERICAN EXPRESS PO BOX 650448 DALLAS TX 75265-0448 541289528 ATLANTA LAW GROUP PC AKA AT PO BOX 468569 ATLANTA GA 31146 541340193 Advanta Bank Corp c/o Becket and Lee LLP POB 3001 Malvern PA 19355-0701 541353094 American Express Bank FSB c/o Becket and Lee LLP POB 3001 Malvern PA 19355-0701 541303270 Aurora Loan Service PO Box 1706 Scottsbluff NE 69363 541309773 Aurora Loan Services, LLC, isaoa 2617 College Park Scottsbluff NE 69361-2294 541344310 BAC Home Loans Servicing, LP 1757 Tapo Canyon Road Simi Valley, CA 93063 Mail Code CA6-913-01-01 541289493 BANK LOAN ADVANTA BUSINESS CARDS PO BOX 8088 PHILADELPHIA PA 19101 541289461 BANK LOAN AMERICAN EXPRESS PO BOX 650448 DALLAS TX 75265-0448 541289472 BANK LOAN BANK OF AMERICA BUSINESS CARD PO BOX 15710 541289459 BANK LOAN BANK OF AMERICA BUSINESS CARD PO BOX 15710 WILMINGTON DE 19886-5710 541289489 BANK LOAN BANK OF AMERICA BUSINESS CARD PO BOX 15710 WILMINGTON DE 19886-5710 541289469 BANK LOAN BANK OF AMERICA PO BOX 15102 WILMINGTON DE 19886-5102 541289485 BANK LOAN BANK OF AMERICA PO BOX 15726 WILMINGTON DE 19886-5726 541289488 BANK LOAN BANK OF AMERICA PO BOX 15726 WILMINGTON NC 19886-5726 541289477 BANK LOAN BB PO BOX 200 WILSON NC 27894-0200 541289481 BANK LOAN BBTFINANCIAL FSB PO BOX 580-435 CHARLOTTE NC 28258-0435 541289491 BANK LOAN CAPITAL ONE BANK PO BOX 71083 CHARLOTTE NC 28272-1083 541289479 BANK LOAN CHASE CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19886-5153 541289483 BANK LOAN CHASE CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19886-5153 541289486 BANK LOAN CHASE CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19886-5153 541289473 BANK LOAN FIRST EQUITY CARD CORP PO BOX 23029 COLUMBUS GA 31902-3029 541289467 BANK LOAN STATE CREDIT UNION PO BOX 726 COLUMBIA SC 29202 541289475 BANK LOAN WELLS FARGO PAYMENT REMITTANCE CENTER PO BOX 6426 CARP STREA O 60197-6426 541289552 BANK OF AMERICA BUSINESS CARD PO BOX 15710 541289521 BANK OF AMERICA BUSINESS CARD PO BOX 15710 WILMINGTON DE 19886-5710 541289538 BANK OF AMERICA BUSINESS CARD PO BOX 15710 WILMINGTON DE 19886-5710 541289547 BANK OF AMERICA BUSINESS CARD PO BOX 15710 WILMINGTON DE 19886-5710 541289549 BANK OF AMERICA PO BOX 15102 WILMINGTON DE 19886-5102 541289516 BANK OF AMERICA PO BOX 15726 WILMINGTON DE 19886-5726 541289519 BANK OF AMERICA PO BOX 15726 WILMINGTON NC 19886-5726 541289536 BB CONSTANT CREDIT PO BOX 200 WILSON NC 27894-0200 541289495 BB PO BOX 580048 CHARLOTTE NC 28258 541289506 BB PO BOX 580048 CHARLOTTE NC 28258 541289502 BB PO BOX 580050 CHARLOTTE NC 28258 541289509 BB PO BOX580048 CHARLOTTE NC 28258 541303266 BB PO Box 2306 Wilson NC 27894 541374473 BBTBankruptcy P.O. Box 1847 Wilson, NC 27894 541313846 BBTBankruptcy PO Box 1847 Wilson, NC 27894-1847 541289512 BBTFINANCIAL FSB PO BOX 580-435 CHARLOTTE NC 28258-0435 541289542 BP PO BOX 70887 CHARLOTTE NC 28272-0887 541303269 Bank of America PO Box 5170 Simi Valley CA 93062 541362303 Bank of America Servicing, LP c/o BAC Home Loans Servicing, LP 1757 Tapo Canyon Road Mail Stop:CA6-913-LB-11 Simi Valley, CA 93063 541289471 CAPITAL MANAGEMENT SERVICES LP 726 EXCHANGE STREET STE 700 BUFFALO NY 14210 541289551 CAPITAL MANAGEMENT SERVICES LP 726 EXCHANGE STREET STE 700 BUFFALO NY 14210 541289523 CAPITAL ONE BANK PO BOX 71083 CHARLOTTE NC 28272-1083 541319489 CAPITAL ONE BANK USA, N.A. BY AMERICAN INFOSOURCE LP AS AGENT PO Box 71083 Charlotte, NC 28272-1083 541289497 CAROLINA FIRST PO BOX 100201 COLUMBIA SC 29202 541289505 CAROLINA FIRST PO BOX 100201 COLUMBIA SC 29202 541289507 CAROLINA FIRST PO BOX 100201 COLUMBIA SC 29202 541289510 CHASE CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19886-5153 541289514 CHASE CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19886-5153 541289517 CHASE CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19886-5153 541289468 CREDITORS FINANCIAL GROUP LLC 3131 SOUTH VAUGHN WAY STE 110 AURORA CO 80014 541289548 CREDITORS FINANCIAL GROUP LLC 3131 SOUTH VAUGHN WAY STE 110 AURORA CO 80014 541289487 CREDITORS FINANCIAL GROUP LLC PO BOX 440290 AURORA CO 80044-0290 541289518 CREDITORS FINANCIAL GROUP LLC PO BOX 440290 AURORA CO 80044-0290 541317578 Chase Bank USA, N.A. PO Box 15145 Wilmington, DE 19850-5145 541289553 FIRST EQUITY CARD CORP PO BOX 23029 COLUMBUS GA 31902-3029 541289498 FIRST PALMETTO PO BOX 430 CAMDEN SC 29020 541289508 FIRST PALMETTO PO BOX 430 CAMDEN SC 29020 541298146 FIRST PALMETTO PO BOX 430 CAMDEN SC 29021-0430 541289492 FIRSTSOURCE ADVANTAGE LLC PO BOX 628 BUFFALO NY 14240-0628 541289524 FIRSTSOURCE ADVANTAGE LLC PO BOX 628 BUFFALO NY 14240-0628 541289484 FREDERICK J HANNA ASSOCIATES PC 1427 ROSWELL ROAD MARIETTA GA 30062 541289515 FREDERICK J HANNA ASSOCIATES PC 1427 ROSWELL ROAD MARIETTA GA 30062 541323039 First Equity Card c/o Creditors Bankruptcy Service P.O.Box 740933 Dallas, TX 75374 541289501 INDYMAC PO BOX 2971 PHOENIX AZ 85062 541303265 IndyMac 6900 Beatrice Dr Kalamazzo MI 49009 541303271 IndyMac 6900 Beatrice Drive Kalamazzoo MI 49009 541303267 IndyMac Mortgage PO Box 4045 Kalamazzoo MI 49003-4045 541303272 Kenneth Matthews Attorney At Law 1331 Luarel Street Columbia SC 29201 541289531 LAMONT HANLEY ASSOCIATES INC THE HARTFORD PO BOX 179 MANCHESTER NH 03105 541290537 LEXINGTON COUNTY TREASURER 212 SOUTH LAKE DRIVE LEXINGTON, SC 29072 541289544 LOWES PO BOX 530970 ATLANTA GA 30353-0970 541289534 MAGIC TOUCH ENTERPRISES 836 SOX STREET WEST COLUMBIA SC 29169 541289462 NATIONWIDE CREDIT INC PO BOX 740640 ATLANTA GA 30374-0640 541289541 NATIONWIDE CREDIT INC PO BOX 740640 ATLANTA GA 30374-0640 541289511 NORTHSTAR LOCATION SERVICES LLC ATTENTION FINANCIAL SERVICES DEPTMENT 4285 GENESEE ST CHEEKTOWAGA NY 14225-1943 541289480 NORTHSTAR LOCATION SERVICES LLC ATTENTION: FINANCIAL SERVICES DEPTMENT 4285 GENESEE ST CHEEKTOWGA NY 14225-1943 541289533 OSWALD LUMBER INC PO BOX 3129 BATESBURG LWWSVILLE SC 29070-1129 541332525 OSWALD WHOLESALE LUMBER INC ROBERT M COOK II ESQ PO BOX 2559 BATESBURG-LEESVILLE SC 29070 541318396 One West Bank, FSB 888 East Walnut Street Pasadena, CA 91101 541341641 OneWest Bank, FSB Attn: Cashiering Dept. 6900 Beatrice Drive Kalamazoo, MI 49009 541289532 PASCON LLC 2111 TWO NOTCH ROAD LEXINGTON SC 29072 541289464 PENTAGROUP FINANCIAL LLC PO BOX 742209 HOUSTON TX 77274-2209 541289543 PENTAGROUP FINANCIAL LLC PO BOX 742209 HOUSTON TX 77274-2209 541289476 PRIMARY FINANCIAL SERVICES 3115 NORTH 3RD AVE STE 112 PHOENIX ARIZONA 85013 541289556 PRIMARY FINANCIAL SERVICES 3115 NORTH 3RD AVENUE STE 112 PHOENIX AZ 85013 541289466 PROFESSIONAL BUREAU COLLECTIONS OF MARYLAND INC PO BOX 4157 GREENWOOD VILLAGE CO 80155-4157 541289545 PROFESSIONAL BUREAU COLLECTIONS OF MARYLAND INC PO BOX 4157 GREENWOOD VILLAGE CO 80155-4157 541380783 Real Time Resolutions, Inc. 1750 Regal Row Suite 120 PO Box 36655 Dallas Texas 75235 541399177 Roundup Funding, LLC MS 550 PO Box 91121 Seattle, WA 98111-9221 541289503 SCB PO BOX 100115 COLUMBIA SC 29202 541303268 SCB PO Box 2486 Orangeburg SC 29116 541289550 SHELL FLEET PO BOX 183019 COLUMBUS OH 43218-3019 541289474 SMITH DEBNAM ATTORNEYS AT LAW PO BOX 26268 RALEIGH NC 27611-6268 541289554 SMITH DEBNAM ATTORNEYS AT LAW PO BOX 26268 RALEIGH NC 27611-6268 541289482 SMITH DEBNAM ATTORNEYS AT LAW PO BOX 26268 RALEIGH NC 27611-6268 541289513 SMITH DEBNAM ATTORNEYS AT LAW PO BOX 26268 RALEIGH NC 27611-6268 541289535 STATE CREDIT UNION LINE OF CREDIT PO BOX 726 COLUMBIA SC 29202 541289520 STATE CREDIT UNION VISA PO BOX 96099 CHARLOTTE NC 28296-0099 541289530 THREE FOUNTAINS ACE HARDWARE 2930 EMANUEL CHURCH ROAD WEST COLUMBIA SC 29170 541289463 TRADE DEBT BP PO BOX 70887 CHARLOTTE NC 28272-0887 541289465 TRADE DEBT LOWES PO BOX 530970 ATLANTA GA 30353-0970 541289470 TRADE DEBT SHELL FLEET PO BOX 183019 COLUMBUS OH 43218-3019 541289494 WACHOVIA PO BOX 50010 ROANOKE VA 24002 541289496 WACHOVIA PO BOX 530554 ATLANTA GA 30353 541289499 WACHOVIA PO BOX 530554 ATLANTA GA 30353 541289500 WACHOVIA PO BOX 96074 CHARLOTTE NC 28296 541289555 WELLS FARGO PAYMENT REMITTANCE CENTER PO BOX 6426 CARP STREA O 60197-6426 541293691 Wachovia Bank, N. A. P.O. Box 13765-R4057-01P Roanoke, Va. 24037-3765 541294368 Wachovia Bank, N. A. P.O. Box 13765-R4057-01P Roanoke, Va. 24037-3765 541351759 Wells Fargo Bank, N.A. BDD Bankruptcy Dept, MAC S4101-08C 100 W. Washington Street Phoenix, AZ 85003 TOTAL: 133