Marion County GOP Chairman John Schmitz Filed for Bankruptcy in 2015
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B1 (Official Form 1)(04/13)
United States Bankruptcy Court
Voluntary Petition
Name of Debtor (if individual, enter Last, First, Middle):
All Other Names used by the Debtor in the last 8 years
(include married, maiden, and trade names):
Last four digits of Soc. Sec. or Individual-Taxpayer I.D. (ITIN)/Complete EIN
(if more than one, state all)
Street Address of Debtor (No. and Street, City, and State):
County of Residence or of the Principal Place of Business:
Mailing Address of Debtor (if different from street address):
Location of Principal Assets of Business Debtor
(if different from street address above):
Name of Joint Debtor (Spouse) (Last, First, Middle):
All Other Names used by the Joint Debtor in the last 8 years
(include married, maiden, and trade names):
Last four digits of Soc. Sec. or Individual-Taxpayer I.D. (ITIN) No./Complete EIN
(if more than one, state all)
Street Address of Joint Debtor (No. and Street, City, and State):
County of Residence or of the Principal Place of Business:
Mailing Address of Joint Debtor (if different from street address):
ZIP Code ZIP Code
ZIP Code ZIP Code
Type of Debtor
(Form of Organization) (Check one box)
Individual (includes Joint Debtors)
See Exhibit D on page 2 of this form.
Corporation (includes LLC and LLP)
Partnership
Other (If debtor is not one of the above entities,
check this box and state type of entity below.)
Chapter 15 Debtors
Country of debtor's center of main interests:
Each country in which a foreign proceeding
by, regarding, or against debtor is pending:
Filing Fee (Check one box)
Full Filing Fee attached
Filing Fee to be paid in installments (applicable to individuals only). Must
attach signed application for the court's consideration certifying that the
debtor is unable to pay fee except in installments. Rule 1006(b). See Official
Form 3A.
Filing Fee waiver requested (applicable to chapter 7 individuals only). Must
attach signed application for the court's consideration. See Official Form 3B.
Nature of Business
(Check one box)
Health Care Business
Single Asset Real Estate as defined
in 11 U.S.C. § 101 (51B)
Railroad
Stockbroker
Commodity Broker
Clearing Bank
Other
Tax-Exempt Entity
(Check box, if applicable)
Debtor is a tax-exempt organization
under Title 26 of the United States
Code (the Internal Revenue Code).
Chapter of Bankruptcy Code Under Which
the Petition is Filed (Check one box)
Chapter 7
Chapter 9
Chapter 11
Chapter 12
Chapter 13
Chapter 15 Petition for Recognition
of a Foreign Main Proceeding
Chapter 15 Petition for Recognition
of a Foreign Nonmain Proceeding
Nature of Debts
(Check one box)
Debts are primarily consumer debts, Debts are primarily
defined in 11 U.S.C. § 101(8) as business debts.
"incurred by an individual primarily for
a personal, family, or household purpose."
Chapter 11 Debtors
Check one box:
Debtor is a small business debtor as defined in 11 U.S.C. § 101(51D).
Debtor is not a small business debtor as defined in 11 U.S.C. § 101(51D).
Check if:
Debtor’s aggregate noncontingent liquidated debts (excluding debts owed to insiders or affiliates)
are less than $2,490,925 (amount subject to adjustment on 4/01/16 and every three years thereafter).
Check all applicable boxes:
A plan is being filed with this petition.
Acceptances of the plan were solicited prepetition from one or more classes of creditors,
in accordance with 11 U.S.C. § 1126(b).
THIS SPACE IS FOR COURT USE ONLY
Statistical/Administrative Information
Debtor estimates that funds will be available for distribution to unsecured creditors.
Debtor estimates that, after any exempt property is excluded and administrative expenses paid,
there will be no funds available for distribution to unsecured creditors.
Estimated Number of Creditors
1- 50- 100- 200- 1,000- 5,001- 10,001- 25,001- 50,001- OVER
49 99 199 999 5,000 10,000 25,000 50,000 100,000 100,000
Estimated Assets
$0 to $50,001 to $100,001 to $500,001 $1,000,001 $10,000,001 $50,000,001 $100,000,001 $500,000,001 More than
$50,000 $100,000 $500,000 to $1 to $10 to $50 to $100 to $500 to $1 billion $1 billion
million million million million million
Estimated Liabilities
$0 to $50,001 to $100,001 to $500,001 $1,000,001 $10,000,001 $50,000,001 $100,000,001 $500,000,001 More than
$50,000 $100,000 $500,000 to $1 to $10 to $50 to $100 to $500 to $1 billion $1 billion
million million million million million
Southern District of Indiana
SCHMITZ, John Palmer
xxx-xx-5670
5035 West 15th Street
Indianapolis, IN
Marion
46224-6507
Case 15-06150-RLM-7 Doc 1 Filed 07/20/15 EOD 07/20/15 10:54:56 Pg 1 of 44
2. B1 (Official Form 1)(04/13) Page 2
Voluntary Petition
(This page must be completed and filed in every case)
Name of Debtor(s):
All Prior Bankruptcy Cases Filed Within Last 8 Years (If more than two, attach additional sheet)
Location Case Number: Date Filed:
Where Filed:
Location Case Number: Date Filed:
Where Filed:
Pending Bankruptcy Case Filed by any Spouse, Partner, or Affiliate of this Debtor (If more than one, attach additional sheet)
Name of Debtor: Case Number: Date Filed:
District: Relationship: Judge:
Exhibit A
(To be completed if debtor is required to file periodic reports (e.g.,
forms 10K and 10Q) with the Securities and Exchange Commission
pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
and is requesting relief under chapter 11.)
Exhibit A is attached and made a part of this petition.
Exhibit C
Does the debtor own or have possession of any property that poses or is alleged to pose a threat of imminent and identifiable harm to public health or safety?
Yes, and Exhibit C is attached and made a part of this petition.
No.
Exhibit D
(To be completed by every individual debtor. If a joint petition is filed, each spouse must complete and attach a separate Exhibit D.)
Exhibit D completed and signed by the debtor is attached and made a part of this petition.
If this is a joint petition:
Exhibit D also completed and signed by the joint debtor is attached and made a part of this petition.
Information Regarding the Debtor - Venue
(Check any applicable box)
Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 180
days immediately preceding the date of this petition or for a longer part of such 180 days than in any other District.
There is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this District.
Debtor is a debtor in a foreign proceeding and has its principal place of business or principal assets in the United States in
this District, or has no principal place of business or assets in the United States but is a defendant in an action or
proceeding [in a federal or state court] in this District, or the interests of the parties will be served in regard to the relief
sought in this District.
Certification by a Debtor Who Resides as a Tenant of Residential Property
(Check all applicable boxes)
Landlord has a judgment against the debtor for possession of debtor's residence. (If box checked, complete the following.)
(Name of landlord that obtained judgment)
(Address of landlord)
Debtor claims that under applicable nonbankruptcy law, there are circumstances under which the debtor would be permitted to cure
the entire monetary default that gave rise to the judgment for possession, after the judgment for possession was entered, and
Debtor has included with this petition the deposit with the court of any rent that would become due during the 30-day period
after the filing of the petition.
Debtor certifies that he/she has served the Landlord with this certification. (11 U.S.C. § 362(l)).
Exhibit B
(To be completed if debtor is an individual whose debts are primarily consumer debts.)
I, the attorney for the petitioner named in the foregoing petition, declare that I
have informed the petitioner that [he or she] may proceed under chapter 7, 11,
12, or 13 of title 11, United States Code, and have explained the relief available
under each such chapter. I further certify that I delivered to the debtor the notice
required by 11 U.S.C. §342(b).
X
Signature of Attorney for Debtor(s) (Date)
SCHMITZ, John Palmer
- None -
- None -
Case 15-06150-RLM-7 Doc 1 Filed 07/20/15 EOD 07/20/15 10:54:56 Pg 2 of 44
3. B1 (Official Form 1)(04/13) Page 3
Voluntary Petition
(This page must be completed and filed in every case)
Name of Debtor(s):
Signatures
Signature(s) of Debtor(s) (Individual/Joint)
I declare under penalty of perjury that the information provided in this
petition is true and correct.
[If petitioner is an individual whose debts are primarily consumer debts and
has chosen to file under chapter 7] I am aware that I may proceed under
chapter 7, 11, 12, or 13 of title 11, United States Code, understand the relief
available under each such chapter, and choose to proceed under chapter 7.
[If no attorney represents me and no bankruptcy petition preparer signs the
petition] I have obtained and read the notice required by 11 U.S.C. §342(b).
I request relief in accordance with the chapter of title 11, United States Code,
specified in this petition.
X
Signature of Debtor
X
Signature of Joint Debtor
Telephone Number (If not represented by attorney)
Date
Signature of Attorney*
X
Signature of Attorney for Debtor(s)
Printed Name of Attorney for Debtor(s)
Firm Name
Address
Telephone Number
Date
*In a case in which § 707(b)(4)(D) applies, this signature also constitutes a
certification that the attorney has no knowledge after an inquiry that the
information in the schedules is incorrect.
Signature of Debtor (Corporation/Partnership)
I declare under penalty of perjury that the information provided in this
petition is true and correct, and that I have been authorized to file this petition
on behalf of the debtor.
The debtor requests relief in accordance with the chapter of title 11, United
States Code, specified in this petition.
X
Signature of Authorized Individual
Printed Name of Authorized Individual
Title of Authorized Individual
Date
Signature of a Foreign Representative
I declare under penalty of perjury that the information provided in this petition
is true and correct, that I am the foreign representative of a debtor in a foreign
proceeding, and that I am authorized to file this petition.
(Check only one box.)
I request relief in accordance with chapter 15 of title 11. United States Code.
Certified copies of the documents required by 11 U.S.C. §1515 are attached.
Pursuant to 11 U.S.C. §1511, I request relief in accordance with the chapter
of title 11 specified in this petition. A certified copy of the order granting
recognition of the foreign main proceeding is attached.
X
Signature of Foreign Representative
Printed Name of Foreign Representative
Date
Signature of Non-Attorney Bankruptcy Petition Preparer
I declare under penalty of perjury that: (1) I am a bankruptcy petition
preparer as defined in 11 U.S.C. § 110; (2) I prepared this document for
compensation and have provided the debtor with a copy of this document
and the notices and information required under 11 U.S.C. §§ 110(b),
110(h), and 342(b); and, (3) if rules or guidelines have been promulgated
pursuant to 11 U.S.C. § 110(h) setting a maximum fee for services
chargeable by bankruptcy petition preparers, I have given the debtor notice
of the maximum amount before preparing any document for filing for a
debtor or accepting any fee from the debtor, as required in that section.
Official Form 19 is attached.
Printed Name and title, if any, of Bankruptcy Petition Preparer
Social-Security number (If the bankrutpcy petition preparer is not
an individual, state the Social Security number of the officer,
principal, responsible person or partner of the bankruptcy petition
preparer.)(Required by 11 U.S.C. § 110.)
Address
X
Date
Signature of bankruptcy petition preparer or officer, principal, responsible
person,or partner whose Social Security number is provided above.
Names and Social-Security numbers of all other individuals who prepared or
assisted in preparing this document unless the bankruptcy petition preparer is
not an individual:
If more than one person prepared this document, attach additional sheets
conforming to the appropriate official form for each person.
A bankruptcy petition preparer’s failure to comply with the provisions of
title 11 and the Federal Rules of Bankruptcy Procedure may result in
fines or imprisonment or both. 11 U.S.C. §110; 18 U.S.C. §156.
SCHMITZ, John Palmer
/s/ John Palmer SCHMITZ
John Palmer SCHMITZ
July 16, 2015
/s/ David A. Mathies
David A. Mathies
David A. Mathies
Attorney at Law
225 North Delaware Street
Indianapolis, IN 46204-2137
Email: [email protected]
(317) 269-3422 Fax: (317) 269-3428
July 16, 2015
Case 15-06150-RLM-7 Doc 1 Filed 07/20/15 EOD 07/20/15 10:54:56 Pg 3 of 44
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United States Bankruptcy Court
Southern District of Indiana
In re
,
Debtor
Case No.
Chapter 7
John Palmer SCHMITZ
B6 Summary (Official Form 6 - Summary) (12/14)
Indicate as to each schedule whether that schedule is attached and state the number of pages in each. Report the totals from Schedules A,
B, D, E, F, I, and J in the boxes provided. Add the amounts from Schedules A and B to determine the total amount of the debtor’s assets.
Add the amounts of all claims from Schedules D, E, and F to determine the total amount of the debtor’s liabilities. Individual debtors must
also complete the "Statistical Summary of Certain Liabilities and Related Data" if they file a case under chapter 7, 11, or 13.
SUMMARY OF SCHEDULES
ATTACHED NO. OF
NAME OF SCHEDULE ASSETS LIABILITIES OTHER
(YES/NO) SHEETS
A - Real Property
B - Personal Property
C - Property Claimed as Exempt
D - Creditors Holding Secured Claims
E - Creditors Holding Unsecured
Priority Claims
F - Creditors Holding Unsecured
Nonpriority Claims
G - Executory Contracts and
Unexpired Leases
H - Codebtors
I - Current Income of Individual
Debtor(s)
J - Current Expenditures of Individual
Debtor(s)
Total Number of Sheets of ALL Schedules
Total Assets
Total Liabilities
(Total of Claims on Schedule E)
Software Copyright (c) 1996-2014 - Best Case, LLC - www.bestcase.com Best Case Bankruptcy
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
1 0.00
4 38,335.00
1
2,140,719.00
1
0.00
2
299,336.00
3
1
1
2 7,731.00
2 6,725.00
18
38,335.00
2,440,055.00
Case 15-06150-RLM-7 Doc 1 Filed 07/20/15 EOD 07/20/15 10:54:56 Pg 4 of 44
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United States Bankruptcy Court
Southern District of Indiana
In re
,
Debtor
Case No.
Chapter 7
John Palmer SCHMITZ
B 6 Summary (Official Form 6 - Summary) (12/14)
STATISTICAL SUMMARY OF CERTAIN LIABILITIES AND RELATED DATA (28 U.S.C. § 159)
If you are an individual debtor whose debts are primarily consumer debts, as defined in § 101(8) of the Bankruptcy Code (11 U.S.C.§ 101(8)), filing
a case under chapter 7, 11 or 13, you must report all information requested below.
Check this box if you are an individual debtor whose debts are NOT primarily consumer debts. You are not required to
report any information here.
This information is for statistical purposes only under 28 U.S.C. § 159.
Summarize the following types of liabilities, as reported in the Schedules, and total them.
Type of Liability Amount
Domestic Support Obligations (from Schedule E)
Taxes and Certain Other Debts Owed to Governmental Units
(from Schedule E)
Claims for Death or Personal Injury While Debtor Was Intoxicated
(from Schedule E) (whether disputed or undisputed)
Student Loan Obligations (from Schedule F)
Domestic Support, Separation Agreement, and Divorce Decree
Obligations Not Reported on Schedule E
Obligations to Pension or Profit-Sharing, and Other Similar Obligations
(from Schedule F)
TOTAL
State the following:
Average Income (from Schedule I, Line 12)
Average Expenses (from Schedule J, Line 22)
Current Monthly Income (from Form 22A-1 Line 11; OR,
Form 22B Line 14; OR, Form 22C-1 Line 14 )
State the following:
1. Total from Schedule D, "UNSECURED PORTION, IF ANY"
column
2. Total from Schedule E, "AMOUNT ENTITLED TO PRIORITY"
column
3. Total from Schedule E, "AMOUNT NOT ENTITLED TO
PRIORITY, IF ANY" column
4. Total from Schedule F
5. Total of non-priority unsecured debt (sum of 1, 3, and 4)
Software Copyright (c) 1996-2014 - Best Case, LLC - www.bestcase.com Best Case Bankruptcy
Case 15-06150-RLM-7 Doc 1 Filed 07/20/15 EOD 07/20/15 10:54:56 Pg 5 of 44
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In re
,
Debtor
Case No.
John Palmer SCHMITZ
B6A (Official Form 6A) (12/07)
Except as directed below, list all real property in which the debtor has any legal, equitable, or future interest, including all property owned as a
cotenant, community property, or in which the debtor has a life estate. Include any property in which the debtor holds rights and powers exercisable for
the debtor's own benefit. If the debtor is married, state whether husband, wife, both, or the marital community own the property by placing an "H," "W,"
"J," or "C" in the column labeled "Husband, Wife, Joint, or Community." If the debtor holds no interest in real property, write "None" under
"Description and Location of Property."
Do not include interests in executory contracts and unexpired leases on this schedule. List them in Schedule G - Executory Contracts and
Unexpired Leases.
If an entity claims to have a lien or hold a secured interest in any property, state the amount of the secured claim. See Schedule D. If no entity
claims to hold a secured interest in the property, write "None" in the column labeled "Amount of Secured Claim." If the debtor is an individual or
if a joint petition is filed, state the amount of any exemption claimed in the property only in Schedule C - Property Claimed as Exempt.
Description and Location of Property Nature of Debtor's
Interest in Property
Husband,
Wife,
Joint, or
Community
Current Value of
Debtor's Interest in
Property, without
Deducting any Secured
Claim or Exemption
Amount of
Secured Claim
continuation sheets attached to the Schedule of Real Property
SCHEDULE A - REAL PROPERTY
Software Copyright (c) 1996-2014 - Best Case, LLC - www.bestcase.com Best Case Bankruptcy
0
None. - 0.00 0.00
Sub-Total > (Total of this page)
0.00
Total >
(Report also on Summary of Schedules)
0.00
Case 15-06150-RLM-7 Doc 1 Filed 07/20/15 EOD 07/20/15 10:54:56 Pg 6 of 44
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In re
,
Debtor
Case No.
John Palmer SCHMITZ
B6B (Official Form 6B) (12/07)
Except as directed below, list all personal property of the debtor of whatever kind. If the debtor has no property in one or more of the categories, place
an "x" in the appropriate position in the column labeled "None." If additional space is needed in any category, attach a separate sheet properly identified
with the case name, case number, and the number of the category. If the debtor is married, state whether husband, wife, both, or the marital community
own the property by placing an "H," "W," "J," or "C" in the column labeled "Husband, Wife, Joint, or Community." If the debtor is an individual or a joint
petition is filed, state the amount of any exemptions claimed only in Schedule C - Property Claimed as Exempt.
Do not list interests in executory contracts and unexpired leases on this schedule. List them in Schedule G - Executory Contracts and
Unexpired Leases.
If the property is being held for the debtor by someone else, state that person's name and address under "Description and Location of Property."
If the property is being held for a minor child, simply state the child's initials and the name and address of the child's parent or guardian, such as
"A.B., a minor child, by John Doe, guardian." Do not disclose the child's name. See, 11 U.S.C. §112 and Fed. R. Bankr. P. 1007(m).
Type of Property
N
O
N
E
Description and Location of Property
Husband,
Wife,
Joint, or
Community
Current Value of
Debtor's Interest in Property,
without Deducting any
Secured Claim or Exemption
continuation sheets attached to the Schedule of Personal Property
SCHEDULE B - PERSONAL PROPERTY
Software Copyright (c) 1996-2014 - Best Case, LLC - www.bestcase.com Best Case Bankruptcy
3
1. Cash on hand United States currency.
In debtor's possession
- 100.00
2. Checking, savings or other financial
accounts, certificates of deposit, or
shares in banks, savings and loan,
thrift, building and loan, and
homestead associations, or credit
unions, brokerage houses, or
cooperatives.
Checking account at Huntington National Bank. - 260.00
3. Security deposits with public
utilities, telephone companies,
landlords, and others.
X
4. Household goods and furnishings,
including audio, video, and
computer equipment.
Household goods
The debtor married his current wife on September
19, 2014, and all existing household goods belong
to wife.
- 0.00
Desktop computer.
5035 West 15th Street, Indianapolis, IN
- 200.00
5. Books, pictures and other art
objects, antiques, stamp, coin,
record, tape, compact disc, and
other collections or collectibles.
X
6. Wearing apparel. Used wearing apparel.
5035 West 15th Street, Indianapolis, IN
- 200.00
7. Furs and jewelry. X
8. Firearms and sports, photographic,
and other hobby equipment.
2011 Cannondale bicycle.
5035 West 15th Street, Indianapolis, IN
- 800.00
Various cycling equipment parts.
5035 West 15th Street, Indianapolis, IN
- 200.00
Sub-Total >
(Total of this page)
1,760.00
Case 15-06150-RLM-7 Doc 1 Filed 07/20/15 EOD 07/20/15 10:54:56 Pg 7 of 44
8. B6B (Official Form 6B) (12/07) - Cont.
Type of Property
N
O
N
E
Description and Location of Property
Husband,
Wife,
Joint, or
Community
Current Value of
Debtor's Interest in Property,
without Deducting any
Secured Claim or Exemption
Sheet of continuation sheets attached
to the Schedule of Personal Property
SCHEDULE B - PERSONAL PROPERTY
(Continuation Sheet)
Software Copyright (c) 1996-2014 - Best Case, LLC - www.bestcase.com Best Case Bankruptcy
In re
,
Debtor
Case No.
John Palmer SCHMITZ
9. Interests in insurance policies.
Name insurance company of each
policy and itemize surrender or
refund value of each.
X
10. Annuities. Itemize and name each
issuer.
X
11. Interests in an education IRA as
defined in 26 U.S.C. § 530(b)(1) or
under a qualified State tuition plan
as defined in 26 U.S.C. § 529(b)(1).
Give particulars. (File separately the
record(s) of any such interest(s).
11 U.S.C. § 521(c).)
X
12. Interests in IRA, ERISA, Keogh, or
other pension or profit sharing
plans. Give particulars.
Individual Retirement Account (IRA).
MorganStanley SmithBarney
- 29,000.00
13. Stock and interests in incorporated
and unincorporated businesses.
Itemize.
The Navajo Fraternity, Inc. (a non-profit college
fraternity affiliated with Ball State University).
- 0.00
Old School Construction, Inc. (Debtor owns 100
percent of the common stock.)
Administratively dissolved by the State on May 12,
2015.
- 0.00
Advantage Construction Equipment, Inc. (Debtor
owns 100 percent of the the common stock.)
Administratively dissolved by the State on February
3, 2012.
- 0.00
3R Contractors, Inc. (Debtor owns 100 percent of
the the common stock.) Administratively dissolved
by the State on November 15, 2011.
- 0.00
June Bug Development, LLC. (Debtor is the sole
member.) Operations ended in 2011.
- 0.00
14. Interests in partnerships or joint
ventures. Itemize.
X
15. Government and corporate bonds
and other negotiable and
nonnegotiable instruments.
X
16. Accounts receivable. X
Sub-Total >
(Total of this page)
29,000.00
1 3
Case 15-06150-RLM-7 Doc 1 Filed 07/20/15 EOD 07/20/15 10:54:56 Pg 8 of 44
9. B6B (Official Form 6B) (12/07) - Cont.
Type of Property
N
O
N
E
Description and Location of Property
Husband,
Wife,
Joint, or
Community
Current Value of
Debtor's Interest in Property,
without Deducting any
Secured Claim or Exemption
Sheet of continuation sheets attached
to the Schedule of Personal Property
SCHEDULE B - PERSONAL PROPERTY
(Continuation Sheet)
Software Copyright (c) 1996-2014 - Best Case, LLC - www.bestcase.com Best Case Bankruptcy
In re
,
Debtor
Case No.
John Palmer SCHMITZ
17. Alimony, maintenance, support, and
property settlements to which the
debtor is or may be entitled. Give
particulars.
X
18. Other liquidated debts owed to debtor
including tax refunds. Give particulars.
X
19. Equitable or future interests, life
estates, and rights or powers
exercisable for the benefit of the
debtor other than those listed in
Schedule A - Real Property.
X
20. Contingent and noncontingent
interests in estate of a decedent,
death benefit plan, life insurance
policy, or trust.
X
21. Other contingent and unliquidated
claims of every nature, including
tax refunds, counterclaims of the
debtor, and rights to setoff claims.
Give estimated value of each.
X
22. Patents, copyrights, and other
intellectual property. Give
particulars.
X
23. Licenses, franchises, and other
general intangibles. Give
particulars.
X
24. Customer lists or other compilations
containing personally identifiable
information (as defined in 11 U.S.C.
§ 101(41A)) provided to the debtor
by individuals in connection with
obtaining a product or service from
the debtor primarily for personal,
family, or household purposes.
X
25. Automobiles, trucks, trailers, and
other vehicles and accessories.
2005 Honda Odyssey 5D Touring DVD Nav (155,000
miles).
- 6,575.00
26. Boats, motors, and accessories. X
27. Aircraft and accessories. X
Sub-Total >
(Total of this page)
6,575.00
2 3
Case 15-06150-RLM-7 Doc 1 Filed 07/20/15 EOD 07/20/15 10:54:56 Pg 9 of 44
10. B6B (Official Form 6B) (12/07) - Cont.
Type of Property
N
O
N
E
Description and Location of Property
Husband,
Wife,
Joint, or
Community
Current Value of
Debtor's Interest in Property,
without Deducting any
Secured Claim or Exemption
Sheet of continuation sheets attached
to the Schedule of Personal Property
SCHEDULE B - PERSONAL PROPERTY
(Continuation Sheet)
Software Copyright (c) 1996-2014 - Best Case, LLC - www.bestcase.com Best Case Bankruptcy
In re
,
Debtor
Case No.
John Palmer SCHMITZ
28. Office equipment, furnishings, and
supplies.
X
29. Machinery, fixtures, equipment, and
supplies used in business.
X
30. Inventory. X
31. Animals. X
32. Crops - growing or harvested. Give
particulars.
X
33. Farming equipment and
implements.
X
34. Farm supplies, chemicals, and feed. X
35. Other personal property of any kind
not already listed. Itemize.
Various hand tools.
5035 West 15th Street, Indianapolis, IN
- 1,000.00
Sub-Total >
(Total of this page)
1,000.00
3 3
Total >
(Report also on Summary of Schedules)
38,335.00
Case 15-06150-RLM-7 Doc 1 Filed 07/20/15 EOD 07/20/15 10:54:56 Pg 10 of 44
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In re
,
Debtor
Case No.
John Palmer SCHMITZ
B6C (Official Form 6C) (4/13)
Debtor claims the exemptions to which debtor is entitled under: Check if debtor claims a homestead exemption that exceeds
(Check one box) $155,675. (Amount subject to adjustment on 4/1/16, and every three years thereafter
with respect to cases commenced on or after the date of adjustment.)
11 U.S.C. §522(b)(2)
11 U.S.C. §522(b)(3)
Description of Property Specify Law Providing
Each Exemption
Value of
Claimed
Exemption
Current Value of
Property Without
Deducting Exemption
continuation sheets attached to Schedule of Property Claimed as Exempt
SCHEDULE C - PROPERTY CLAIMED AS EXEMPT
Software Copyright (c) 1996-2014 - Best Case, LLC - www.bestcase.com Best Case Bankruptcy
0
Cash on Hand
United States currency.
In debtor's possession
100.00
Ind. Code § 34-55-10-2(c)(3) 100.00
Checking, Savings, or Other Financial Accounts, Certificates of Deposit
Checking account at Huntington National Bank. 260.00
Ind. Code § 34-55-10-2(c)(3) 260.00
Household Goods and Furnishings
Household goods
The debtor married his current wife on
September 19, 2014, and all existing household
goods belong to wife.
0.00
Ind. Code § 34-55-10-2(c)(2) 0.00
Desktop computer.
5035 West 15th Street, Indianapolis, IN
200.00
Ind. Code § 34-55-10-2(c)(2) 200.00
Wearing Apparel
Used wearing apparel.
5035 West 15th Street, Indianapolis, IN
200.00
Ind. Code § 34-55-10-2(c)(2) 200.00
Firearms and Sports, Photographic and Other Hobby Equipment
2011 Cannondale bicycle.
5035 West 15th Street, Indianapolis, IN
800.00
Ind. Code § 34-55-10-2(c)(2) 800.00
Various cycling equipment parts.
5035 West 15th Street, Indianapolis, IN
200.00
Ind. Code § 34-55-10-2(c)(2) 200.00
Interests in IRA, ERISA, Keogh, or Other Pension or Profit Sharing Plans
Individual Retirement Account (IRA).
MorganStanley SmithBarney
29,000.00
Ind. Code § 34-55-10-2(c)(6) 29,000.00
Automobiles, Trucks, Trailers, and Other Vehicles
2005 Honda Odyssey 5D Touring DVD Nav
(155,000 miles).
6,575.00
Ind. Code § 34-55-10-2(c)(2) 6,475.00
Other Personal Property of Any Kind Not Already Listed
Various hand tools.
5035 West 15th Street, Indianapolis, IN
1,000.00
Ind. Code § 34-55-10-2(c)(2) 1,000.00
Total: 38,235.00 38,335.00
Case 15-06150-RLM-7 Doc 1 Filed 07/20/15 EOD 07/20/15 10:54:56 Pg 11 of 44
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AMOUNT OF
CLAIM
WITHOUT
DEDUCTING
VALUE OF
COLLATERAL
DATE CLAIM WAS INCURRED,
NATURE OF LIEN, AND
DESCRIPTION AND VALUE
OF PROPERTY
SUBJECT TO LIEN
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CREDITOR'S NAME
AND MAILING ADDRESS
INCLUDING ZIP CODE,
AND ACCOUNT NUMBER
(See instructions above.)
Account No.
Value $
Account No.
Value $
Account No.
Value $
Account No.
Value $
Subtotal
_____ continuation sheets attached
(Total of this page)
UNSECURED
PORTION, IF
ANY
B6D (Official Form 6D) (12/07)
State the name, mailing address, including zip code, and last four digits of any account number of all entities holding claims secured by property of the debtor as of
the date of filing of the petition. The complete account number of any account the debtor has with the creditor is useful to the trustee and the creditor and may be provided
if the debtor chooses to do so. List creditors holding all types of secured interests such as judgment liens, garnishments, statutory liens, mortgages, deeds of trust, and
other security interests.
List creditors in alphabetical order to the extent practicable. If a minor child is a creditor, the child's initials and the name and address of the child's parent or
guardian, such as "A.B., a minor child, by John Doe, guardian." Do not disclose the child's name. See, 11 U.S.C. §112 and Fed. R. Bankr. P. 1007(m). If all secured
creditors will not fit on this page, use the continuation sheet provided.
If any entity other than a spouse in a joint case may be jointly liable on a claim, place an "X" in the column labeled "Codebtor" ,include the entity on the appropriate
schedule of creditors, and complete Schedule H - Codebtors. If a joint petition is filed, state whether the husband, wife, both of them, or the marital community may be
liable on each claim by placing an "H", "W", "J", or "C" in the column labeled "Husband, Wife, Joint, or Community".
If the claim is contingent, place an "X" in the column labeled "Contingent". If the claim is unliquidated, place an "X" in the column labeled "Unliquidated". If the
claim is disputed, place an "X" in the column labeled "Disputed". (You may need to place an "X" in more than one of these three columns.)
Total the columns labeled "Amount of Claim Without Deducting Value of Collateral" and "Unsecured Portion, if Any" in the boxes labeled "Total(s)" on the last
sheet of the completed schedule. Report the total from the column labeled "Amount of Claim" also on the Summary of Schedules and, if the debtor is an individual with
primarily consumer debts, report the total from the column labeled "Unsecured Portion" on the Statistical Summary of Certain Liabilities and Related Data.
Check this box if debtor has no creditors holding secured claims to report on this Schedule D.
SCHEDULE D - CREDITORS HOLDING SECURED CLAIMS
Software Copyright (c) 1996-2014 - Best Case, LLC - www.bestcase.com Best Case Bankruptcy
In re
,
Debtor
Case No.
John Palmer SCHMITZ
0
2001
First mortgage
Residence at 7952 North Banta Road,
Bargersville, IN. Owned by former wife.
Loan was used to purchase residence.
PNC Mortgage
Bankruptcy Department
3232 Newmark Drive
Miamisburg, OH 45342
X -
300,000.00 0.00
664,300.00
04/09/2013
Judgment Lien
Residence at 7592 North Banta Road,
Bargersville, IN owned by former
spouse. Judgment
(55C01-1007-MF-000728).
MainSource Bank
1927 North Greensburg Crossing
Greensburg, IN 47240
X -
1,683,984.00 1,125,419.00
664,300.00
2006
Third mortgage (business line of credit)
Residence at 7592 North Banta Road,
Bargersville, IN owned by former
spouse. Loan proceeds were used by
3R Contractors, Inc. for the Oak Hills
subdivision development project.
PNC Bank
P.O. Box 856177
Louisville, KY 40285-6177
X -
105,735.00 0.00
664,300.00
2006
Second mortgage (home equity loan)
Residence at 7592 North Banta Road,
Bargersville, IN owned by former
spouse. Loan proceeds were used for by
June Bug Development, LLC for the Oak
Hills subdivision development project.
PNC Bank
P.O. Box 747066
Pittsburgh, PA 15274-7066
X -
51,000.00 0.00
664,300.00
2,140,719.00 1,125,419.00
2,140,719.00 1,125,419.00
Total
(Report on Summary of Schedules)
Case 15-06150-RLM-7 Doc 1 Filed 07/20/15 EOD 07/20/15 10:54:56 Pg 12 of 44
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B6E (Official Form 6E) (4/13)
A complete list of claims entitled to priority, listed separately by type of priority, is to be set forth on the sheets provided. Only holders of unsecured claims entitled
to priority should be listed in this schedule. In the boxes provided on the attached sheets, state the name, mailing address, including zip code, and last four digits of the
account number, if any, of all entities holding priority claims against the debtor or the property of the debtor, as of the date of the filing of the petition. Use a separate
continuation sheet for each type of priority and label each with the type of priority.
The complete account number of any account the debtor has with the creditor is useful to the trustee and the creditor and may be provided if the debtor chooses to do
so. If a minor child is a creditor, state the child's initials and the name and address of the child's parent or guardian, such as "A.B., a minor child, by John Doe, guardian."
Do not disclose the child's name. See, 11 U.S.C. §112 and Fed. R. Bankr. P. 1007(m).
If any entity other than a spouse in a joint case may be jointly liable on a claim, place an "X" in the column labeled "Codebtor," include the entity on the appropriate
schedule of creditors, and complete Schedule H-Codebtors. If a joint petition is filed, state whether the husband, wife, both of them, or the marital community may be
liable on each claim by placing an "H," "W," "J," or "C" in the column labeled "Husband, Wife, Joint, or Community." If the claim is contingent, place an "X" in the
column labeled "Contingent." If the claim is unliquidated, place an "X" in the column labeled "Unliquidated." If the claim is disputed, place an "X" in the column labeled
"Disputed." (You may need to place an "X" in more than one of these three columns.)
Report the total of claims listed on each sheet in the box labeled "Subtotals" on each sheet. Report the total of all claims listed on this Schedule E in the box labeled
"Total" on the last sheet of the completed schedule. Report this total also on the Summary of Schedules.
Report the total of amounts entitled to priority listed on each sheet in the box labeled "Subtotals" on each sheet. Report the total of all amounts entitled to priority
listed on this Schedule E in the box labeled "Totals" on the last sheet of the completed schedule. Individual debtors with primarily consumer debts report this total
also on the Statistical Summary of Certain Liabilities and Related Data.
Report the total of amounts not entitled to priority listed on each sheet in the box labeled "Subtotals" on each sheet. Report the total of all amounts not entitled to
priority listed on this Schedule E in the box labeled "Totals" on the last sheet of the completed schedule. Individual debtors with primarily consumer debts report this
total also on the Statistical Summary of Certain Liabilities and Related Data.
Check this box if debtor has no creditors holding unsecured priority claims to report on this Schedule E.
TYPES OF PRIORITY CLAIMS (Check the appropriate box(es) below if claims in that category are listed on the attached sheets)
Domestic support obligations
Claims for domestic support that are owed to or recoverable by a spouse, former spouse, or child of the debtor, or the parent, legal guardian, or responsible relative
of such a child, or a governmental unit to whom such a domestic support claim has been assigned to the extent provided in 11 U.S.C. § 507(a)(1).
Extensions of credit in an involuntary case
Claims arising in the ordinary course of the debtor's business or financial affairs after the commencement of the case but before the earlier of the appointment of a
trustee or the order for relief. 11 U.S.C. § 507(a)(3).
Wages, salaries, and commissions
Wages, salaries, and commissions, including vacation, severance, and sick leave pay owing to employees and commissions owing to qualifying independent sales
representatives up to $12,475* per person earned within 180 days immediately preceding the filing of the original petition, or the cessation of business, whichever
occurred first, to the extent provided in 11 U.S.C. § 507(a)(4).
Contributions to employee benefit plans
Money owed to employee benefit plans for services rendered within 180 days immediately preceding the filing of the original petition, or the cessation of business,
whichever occurred first, to the extent provided in 11 U.S.C. § 507(a)(5).
Certain farmers and fishermen
Claims of certain farmers and fishermen, up to $6,150* per farmer or fisherman, against the debtor, as provided in 11 U.S.C. § 507(a)(6).
Deposits by individuals
Claims of individuals up to $2,775* for deposits for the purchase, lease, or rental of property or services for personal, family, or household use, that were not
delivered or provided. 11 U.S.C. § 507(a)(7).
Taxes and certain other debts owed to governmental units
Taxes, customs duties, and penalties owing to federal, state, and local governmental units as set forth in 11 U.S.C. § 507(a)(8).
Commitments to maintain the capital of an insured depository institution
Claims based on commitments to the FDIC, RTC, Director of the Office of Thrift Supervision, Comptroller of the Currency, or Board of Governors of the Federal
Reserve System, or their predecessors or successors, to maintain the capital of an insured depository institution. 11 U.S.C. § 507 (a)(9).
Claims for death or personal injury while debtor was intoxicated
Claims for death or personal injury resulting from the operation of a motor vehicle or vessel while the debtor was intoxicated from using alcohol, a drug, or
another substance. 11 U.S.C. § 507(a)(10).
* Amount subject to adjustment on 4/01/16, and every three years thereafter with respect to cases commenced on or after the date of adjustment.
continuation sheets attached
SCHEDULE E - CREDITORS HOLDING UNSECURED PRIORITY CLAIMS
Software Copyright (c) 1996-2014 - Best Case, LLC - www.bestcase.com Best Case Bankruptcy
In re
,
Debtor
Case No.
John Palmer SCHMITZ
1
Case 15-06150-RLM-7 Doc 1 Filed 07/20/15 EOD 07/20/15 10:54:56 Pg 13 of 44
14. B6E (Official Form 6E) (4/13) - Cont.
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Husband, Wife, Joint, or Community
H
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CREDITOR'S NAME,
AND MAILING ADDRESS
INCLUDING ZIP CODE,
AND ACCOUNT NUMBER
(See instructions.)
DATE CLAIM WAS INCURRED AMOUNT
AND CONSIDERATION FOR CLAIM OF CLAIM
Account No.
Account No.
Account No.
Account No.
Account No.
Subtotal
Sheet _____ of _____ continuation sheets attached to
(Total of this page)
Schedule of Creditors Holding Unsecured Priority Claims
TYPE OF PRIORITY
AMOUNT NOT
ENTITLED TO
PRIORITY, IF ANY
AMOUNT
ENTITLED TO
PRIORITY
SCHEDULE E - CREDITORS HOLDING UNSECURED PRIORITY CLAIMS
(Continuation Sheet)
Software Copyright (c) 1996-2014 - Best Case, LLC - www.bestcase.com Best Case Bankruptcy
In re
,
Debtor
Case No.
John Palmer SCHMITZ
Domestic Support Obligations
Debtor is current with court ordered
child support obligation.
Jenny F. Schmitz
7592 North Banta Road
Bargersville, IN 46106
-
0.00 0.00
0.00
0.00 0.00
0.00
1 1
0.00 0.00
0.00
Total
(Report on Summary of Schedules)
Software Copyright (c) 1996-2014 - Best Case, LLC - www.bestcase.com Best Case Bankruptcy
Case 15-06150-RLM-7 Doc 1 Filed 07/20/15 EOD 07/20/15 10:54:56 Pg 14 of 44
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MAILING ADDRESS
INCLUDING ZIP CODE,
AND ACCOUNT NUMBER
(See instructions above.)
Account No.
Account No.
Account No.
Account No.
Subtotal
_____ continuation sheets attached
(Total of this page)
DATE CLAIM WAS INCURRED AND
CONSIDERATION FOR CLAIM. IF CLAIM
IS SUBJECT TO SETOFF, SO STATE. AMOUNT OF CLAIM
B6F (Official Form 6F) (12/07)
State the name, mailing address, including zip code, and last four digits of any account number, of all entities holding unsecured claims without priority against the
debtor or the property of the debtor, as of the date of filing of the petition. The complete account number of any account the debtor has with the creditor is useful to the
trustee and the creditor and may be provided if the debtor chooses to do so. If a minor child is a creditor, state the child's initials and the name and address of the child's
parent or guardian, such as "A.B., a minor child, by John Doe, guardian." Do not disclose the child's name. See, 11 U.S.C. §112 and Fed. R. Bankr. P. 1007(m). Do not
include claims listed in Schedules D and E. If all creditors will not fit on this page, use the continuation sheet provided.
If any entity other than a spouse in a joint case may be jointly liable on a claim, place an "X" in the column labeled "Codebtor," include the entity on the appropriate
schedule of creditors, and complete Schedule H - Codebtors. If a joint petition is filed, state whether the husband, wife, both of them, or the marital community may be
liable on each claim by placing an "H," "W," "J," or "C" in the column labeled "Husband, Wife, Joint, or Community."
If the claim is contingent, place an "X" in the column labeled "Contingent." If the claim is unliquidated, place an "X" in the column labeled "Unliquidated." If the
claim is disputed, place an "X" in the column labeled "Disputed." (You may need to place an "X" in more than one of these three columns.)
Report the total of all claims listed on this schedule in the box labeled "Total" on the last sheet of the completed schedule. Report this total also on the Summary of
Schedules and, if the debtor is an individual with primarily consumer debts, report this total also on the Statistical Summary of Certain Liabilities and Related Data.
Check this box if debtor has no creditors holding unsecured claims to report on this Schedule F.
S/N:50059-150601
SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS
Software Copyright (c) 1996-2014 - Best Case, LLC - www.bestcase.com Best Case Bankruptcy
In re
,
Debtor
Case No.
John Palmer SCHMITZ
2
2008
Legal services rendered regarding sewer
permit for business Aldridge Environmental
LLC.
Bose McKinney & Evans LLP
111 Monument Circle, St. 2700
Indianapolis, IN 46204-5100
-
29,000.00
2006-2007
Water and sewer line installation expense.
Judgment (55D03-1008-CC-000338).
Citi Cards by Sears
Citi Cards
P.O. Box 6404
The Lakes, NV 88901-6404
-
9,243.00
2006
Tax return preparation services rendered on
behalf of Aldrich Environmental, LLC
London Witte Group
One Independence Center
1776 N. Meridian Street, St. 500
Indianapolis, IN 46202
-
5,000.00
2004
Business loan for purchase of forklift for 3R
Contractors, Inc.
Judgment (41D01-0908-CC-01170).
Lyon Financial Services
dba U.S. Bancorp Manifest Funding
Servic
1310 Madrid Street
Marshall, MN 56258
X -
60,504.00
103,747.00
Case 15-06150-RLM-7 Doc 1 Filed 07/20/15 EOD 07/20/15 10:54:56 Pg 15 of 44
16. B6F (Official Form 6F) (12/07) - Cont.
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H
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MAILING ADDRESS
INCLUDING ZIP CODE,
AND ACCOUNT NUMBER
(See instructions above.)
Account No.
Account No.
Account No.
Account No.
Account No.
Sheet no. _____ of _____ sheets attached to Schedule of Subtotal
Creditors Holding Unsecured Nonpriority Claims (Total of this page)
DATE CLAIM WAS INCURRED AND
CONSIDERATION FOR CLAIM. IF CLAIM
IS SUBJECT TO SETOFF, SO STATE. AMOUNT OF CLAIM
SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS
(Continuation Sheet)
Software Copyright (c) 1996-2014 - Best Case, LLC - www.bestcase.com Best Case Bankruptcy
In re
,
Debtor
Case No.
John Palmer SCHMITZ
2008
Materials for subdivision development.
Menards Thoroughbred Stallions
Retail Services
Dept. 7680
Carol Stream, IL 60116-7680
-
3,074.00
2010
Business expense related to the development
of a residential subdivision.
Judgment (41D01-1208-CC-001127).
SMS Financial 30
c/o Jon P. Clemons, WELTMAN
WEINBER REIS
525 Vine Steret, Suite 800
Cincinnati, OH 45202
X -
105,915.00
2010-2014
Parent-Plus student loan for daughter.
Pursuant to divorce decree, former spouse is
required to make payments.
U.S. Department of Education
Direct Loan Servicing Center
P.O. Box 530260
Atlanta, GA 30353-0260
-
51,300.00
2009-2012
Student loan.
U.S. Department of Education
Loan Services
P.O. Box 105028
Atlanta, GA 30348-5028
-
1,300.00
2009-2012
Tuition.
University of the Rockies
Student Financial Services
1201 16th Street, Suite 200
Denver, CO 80202
-
8,000.00
169,589.00
1 2
Case 15-06150-RLM-7 Doc 1 Filed 07/20/15 EOD 07/20/15 10:54:56 Pg 16 of 44
17. B6F (Official Form 6F) (12/07) - Cont.
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H
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CREDITOR'S NAME,
MAILING ADDRESS
INCLUDING ZIP CODE,
AND ACCOUNT NUMBER
(See instructions above.)
Account No.
Account No.
Account No.
Account No.
Account No.
Sheet no. _____ of _____ sheets attached to Schedule of Subtotal
Creditors Holding Unsecured Nonpriority Claims (Total of this page)
DATE CLAIM WAS INCURRED AND
CONSIDERATION FOR CLAIM. IF CLAIM
IS SUBJECT TO SETOFF, SO STATE. AMOUNT OF CLAIM
SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS
(Continuation Sheet)
Software Copyright (c) 1996-2014 - Best Case, LLC - www.bestcase.com Best Case Bankruptcy
In re
,
Debtor
Case No.
John Palmer SCHMITZ
2008
Legal services rendered on behalf of 3R
Contractors, Inc. for collection of debt.
Judgment (41D01-1406-CC-000667).
Williams, Barrett & Wilkowski LLP
600 North Emerson Avenue
Greenwood, IN 46143
-
26,000.00
26,000.00
2 2
299,336.00
Total
(Report on Summary of Schedules)
Case 15-06150-RLM-7 Doc 1 Filed 07/20/15 EOD 07/20/15 10:54:56 Pg 17 of 44
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In re
,
Debtor
Case No.
John Palmer SCHMITZ
B6G (Official Form 6G) (12/07)
Describe all executory contracts of any nature and all unexpired leases of real or personal property. Include any timeshare interests. State nature
of debtor's interest in contract, i.e., "Purchaser", "Agent", etc. State whether debtor is the lessor or lessee of a lease. Provide the names and
complete mailing addresses of all other parties to each lease or contract described. If a minor child is a party to one of the leases or contracts,
state the child's initials and the name and address of the child's parent or guardian, such as "A.B., a minor child, by John Doe, guardian." Do not
disclose the child's name. See, 11 U.S.C. §112 and Fed. R. Bankr. P. 1007(m).
Check this box if debtor has no executory contracts or unexpired leases.
Name and Mailing Address, Including Zip Code,
of Other Parties to Lease or Contract
Description of Contract or Lease and Nature of Debtor's Interest.
State whether lease is for nonresidential real property.
State contract number of any government contract.
continuation sheets attached to Schedule of Executory Contracts and Unexpired Leases
SCHEDULE G - EXECUTORY CONTRACTS AND UNEXPIRED LEASES
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0
Case 15-06150-RLM-7 Doc 1 Filed 07/20/15 EOD 07/20/15 10:54:56 Pg 18 of 44
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In re
,
Debtor
Case No.
John Palmer SCHMITZ
B6H (Official Form 6H) (12/07)
Provide the information requested concerning any person or entity, other than a spouse in a joint case, that is also liable on any debts listed
by debtor in the schedules of creditors. Include all guarantors and co-signers. If the debtor resides or resided in a community property state,
commonwealth, or territory (including Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Puerto Rico, Texas, Washington, or
Wisconsin) within the eight year period immediately preceding the commencement of the case, identify the name of the debtor's spouse and of
any former spouse who resides or resided with the debtor in the community property state, commonwealth, or territory. Include all names used
by the nondebtor spouse during the eight years immediately preceding the commencement of this case. If a minor child is a codebtor or a creditor,
state the child's initials and the name and address of the child's parent or guardian, such as "A.B., a minor child, by John Doe, guardian." Do not
disclose the child's name. See, 11 U.S.C. §112 and Fed. R. Bankr. P. 1007(m).
Check this box if debtor has no codebtors.
NAME AND ADDRESS OF CODEBTOR NAME AND ADDRESS OF CREDITOR
continuation sheets attached to Schedule of Codebtors
SCHEDULE H - CODEBTORS
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0
3R Contractors, Inc.
%John P Schmitz
5035 West 15th Street
Indianapolis, IN 46224-6507
Lyon Financial Services
dba U.S. Bancorp Manifest Funding Servic
1310 Madrid Street
Marshall, MN 56258
3R Contractors, Inc.
c/o John P. Schmitz, President
5035 West 15th Street
Indianapolis, IN 46224-6507
PNC Bank
P.O. Box 856177
Louisville, KY 40285-6177
3R Contractors, Inc.
c/o John P. Schmitz, President
5035 West 15th Street
Indianapolis, IN 46224-6507
MainSource Bank
1927 North Greensburg Crossing
Greensburg, IN 47240
Jenny F. Schmitz
7592 North Banta Road
Bargersville, IN 46106
PNC Bank
P.O. Box 856177
Louisville, KY 40285-6177
Jenny F. Schmitz
7592 North Banta Road
Bargersville, IN 46106
MainSource Bank
1927 North Greensburg Crossing
Greensburg, IN 47240
Jenny F. Schmitz
7592 North Banta Road
Bargersville, IN 46106-8617
PNC Bank
P.O. Box 747066
Pittsburgh, PA 15274-7066
Jenny F. Schmitz
7952 North Banta Road
Bargersville, IN 46106
PNC Mortgage
Bankruptcy Department
3232 Newmark Drive
Miamisburg, OH 45342
Jenny Schmitz
7592 N. Banta Road
Bargersville, IN 46106
SMS Financial 30
c/o Jon P. Clemons, WELTMAN WEINBER REIS
525 Vine Steret, Suite 800
Cincinnati, OH 45202
June Bug Development, LLC
c/o John P. Schmitz, Member
5035 West 15th Street
Indianapolis, IN 46224-6507
PNC Bank
P.O. Box 747066
Pittsburgh, PA 15274-7066
Case 15-06150-RLM-7 Doc 1 Filed 07/20/15 EOD 07/20/15 10:54:56 Pg 19 of 44
20. Fill in this information to identify your case:
Debtor 1 John Palmer SCHMITZ
Debtor 2
(Spouse, if filing)
United States Bankruptcy Court for the: SOUTHERN DISTRICT OF INDIANA
Case number Check if this is:
(If known)
An amended filing
A supplement showing post-petition chapter
13 income as of the following date:
MM / DD/ YYYY
Official Form B 6I
Schedule I: Your Income 12/13
Be as complete and accurate as possible. If two married people are filing together (Debtor 1 and Debtor 2), both are equally responsible for
supplying correct information. If you are married and not filing jointly, and your spouse is living with you, include information about your
spouse. If you are separated and your spouse is not filing with you, do not include information about your spouse. If more space is needed,
attach a separate sheet to this form. On the top of any additional pages, write your name and case number (if known). Answer every question.
Part 1: Describe Employment
1. Fill in your employment
information. Debtor 1 Debtor 2 or non-filing spouse
If you have more than one job,
attach a separate page with
information about additional
employers.
Include part-time, seasonal, or
self-employed work.
Occupation may include student
or homemaker, if it applies.
Employment status
Employed
Not employed
Employed
Not employed
Occupation Forman Human Resource Manager
Employer's name
Adams Masonry &
Construction Co., LLC
GPC (Genuine Parts Co.) NAPA
Balkamp sub
Employer's address
5311 Brassie Drive
Indianapolis, IN 46235
2601 South Holt Road
Indianapolis, IN 46241
How long employed there? since 2011 since Jan. 2005
Part 2: Give Details About Monthly Income
Estimate monthly income as of the date you file this form. If you have nothing to report for any line, write $0 in the space. Include your non-filing
spouse unless you are separated.
If you or your non-filing spouse have more than one employer, combine the information for all employers for that person on the lines below. If you need
more space, attach a separate sheet to this form.
For Debtor 1 For Debtor 2 or
non-filing spouse
2.
List monthly gross wages, salary, and commissions (before all payroll
deductions). If not paid monthly, calculate what the monthly wage would be. 2. $ 4,333.00 $ 8,488.00
3. Estimate and list monthly overtime pay. 3. +$ 0.00 +$ 0.00
4. Calculate gross Income. Add line 2 + line 3. 4. $ 4,333.00 $ 8,488.00
Official Form B 6I Schedule I: Your Income page 1
Case 15-06150-RLM-7 Doc 1 Filed 07/20/15 EOD 07/20/15 10:54:56 Pg 20 of 44
21. Debtor 1 John Palmer SCHMITZ Case number (if known)
For Debtor 1 For Debtor 2 or
non-filing spouse
Copy line 4 here 4. $ 4,333.00 $ 8,488.00
5. List all payroll deductions:
5a. Tax, Medicare, and Social Security deductions 5a. $ 1,082.00 $ 1,904.00
5b. Mandatory contributions for retirement plans 5b. $ 0.00 $ 0.00
5c. Voluntary contributions for retirement plans 5c. $ 0.00 $ 594.00
5d. Required repayments of retirement fund loans 5d. $ 0.00 $ 565.00
5e. Insurance 5e. $ 0.00 $ 355.00
5f. Domestic support obligations 5f. $ 0.00 $ 0.00
5g. Union dues 5g. $ 0.00 $ 0.00
5h. Other deductions. Specify: Health Savings Account (HSA) 5h.+ $ 0.00 + $ 333.00
United Way $ 0.00 $ 100.00
Employee Relief Fund $ 0.00 $ 20.00
Miscellaneous $ 0.00 $ 137.00
6. Add the payroll deductions. Add lines 5a+5b+5c+5d+5e+5f+5g+5h. 6. $ 1,082.00 $ 4,008.00
7. Calculate total monthly take-home pay. Subtract line 6 from line 4. 7. $ 3,251.00 $ 4,480.00
8. List all other income regularly received:
8a. Net income from rental property and from operating a business,
profession, or farm
Attach a statement for each property and business showing gross
receipts, ordinary and necessary business expenses, and the total
monthly net income. 8a. $ 0.00 $ 0.00
8b. Interest and dividends 8b. $ 0.00 $ 0.00
8c. Family support payments that you, a non-filing spouse, or a dependent
regularly receive
Include alimony, spousal support, child support, maintenance, divorce
settlement, and property settlement. 8c. $ 0.00 $ 0.00
8d. Unemployment compensation 8d. $ 0.00 $ 0.00
8e. Social Security 8e. $ 0.00 $ 0.00
8f. Other government assistance that you regularly receive
Include cash assistance and the value (if known) of any non-cash assistance
that you receive, such as food stamps (benefits under the Supplemental
Nutrition Assistance Program) or housing subsidies.
Specify: 8f. $ 0.00 $ 0.00
8g. Pension or retirement income 8g. $ 0.00 $ 0.00
8h. Other monthly income. Specify: 8h.+ $ 0.00 + $ 0.00
9. Add all other income. Add lines 8a+8b+8c+8d+8e+8f+8g+8h. 9. $ 0.00 $ 0.00
10. Calculate monthly income. Add line 7 + line 9. 10. $ 3,251.00 + $ 4,480.00 = $ 7,731.00
Add the entries in line 10 for Debtor 1 and Debtor 2 or non-filing spouse.
11. State all other regular contributions to the expenses that you list in Schedule J.
Include contributions from an unmarried partner, members of your household, your dependents, your roommates, and
other friends or relatives.
Do not include any amounts already included in lines 2-10 or amounts that are not available to pay expenses listed in Schedule J.
Specify: 11. +$ 0.00
12. Add the amount in the last column of line 10 to the amount in line 11. The result is the combined monthly income.
12. $ 7,731.00
Write that amount on the Summary of Schedules and Statistical Summary of Certain Liabilities and Related Data, if it
applies
Combined
monthly income
13. Do you expect an increase or decrease within the year after you file this form?
No.
Yes. Explain: Debtor married current wife on September 19, 2014.
Official Form B 6I Schedule I: Your Income page 2
Case 15-06150-RLM-7 Doc 1 Filed 07/20/15 EOD 07/20/15 10:54:56 Pg 21 of 44
22. Fill in this information to identify your case:
Debtor 1 John Palmer SCHMITZ Check if this is:
An amended filing
Debtor 2 A supplement showing post-petition chapter
13 expenses as of the following date:
(Spouse, if filing)
United States Bankruptcy Court for the: SOUTHERN DISTRICT OF INDIANA MM / DD / YYYY
Case number A separate filing for Debtor 2 because Debtor
2 maintains a separate household
(If known)
Official Form B 6J
Schedule J: Your Expenses 12/13
Be as complete and accurate as possible. If two married people are filing together, both are equally responsible for supplying correct
information. If more space is needed, attach another sheet to this form. On the top of any additional pages, write your name and case
number (if known). Answer every question.
Part 1: Describe Your Household
1. Is this a joint case?
No. Go to line 2.
Yes. Does Debtor 2 live in a separate household?
No
Yes. Debtor 2 must file a separate Schedule J.
2. Do you have dependents? No
Do not list Debtor 1
and Debtor 2.
Yes.
Fill out this information for
each dependent..............
Dependent’s relationship to
Debtor 1 or Debtor 2
Dependent’s
age
Does dependent
live with you?
Do not state the
dependents' names. Son 17
No
Yes
Son 18
No
Yes
No
Yes
No
Yes
3. Do your expenses include
expenses of people other than
yourself and your dependents?
No
Yes
Part 2: Estimate Your Ongoing Monthly Expenses
Estimate your expenses as of your bankruptcy filing date unless you are using this form as a supplement in a Chapter 13 case to report
expenses as of a date after the bankruptcy is filed. If this is a supplemental Schedule J, check the box at the top of the form and fill in the
applicable date.
Include expenses paid for with non-cash government assistance if you know
the value of such assistance and have included it on Schedule I: Your Income
(Official Form 6I.) Your expenses
4. The rental or home ownership expenses for your residence. Include first mortgage
payments and any rent for the ground or lot. 4. $ 1,500.00
If not included in line 4:
4a. Real estate taxes 4a. $ 0.00
4b. Property, homeowner’s, or renter’s insurance 4b. $ 0.00
4c. Home maintenance, repair, and upkeep expenses 4c. $ 0.00
4d. Homeowner’s association or condominium dues 4d. $ 50.00
5. Additional mortgage payments for your residence, such as home equity loans 5. $ 0.00
Official Form B 6J Schedule J: Your Expenses page 1
Case 15-06150-RLM-7 Doc 1 Filed 07/20/15 EOD 07/20/15 10:54:56 Pg 22 of 44
23. Debtor 1 John Palmer SCHMITZ Case number (if known)
6. Utilities:
6a. Electricity, heat, natural gas 6a. $ 200.00
6b. Water, sewer, garbage collection 6b. $ 50.00
6c. Telephone, cell phone, Internet, satellite, and cable services 6c. $ 300.00
6d. Other. Specify: 6d. $ 0.00
7. Food and housekeeping supplies 7. $ 700.00
8. Childcare and children’s education costs 8. $ 0.00
9. Clothing, laundry, and dry cleaning 9. $ 50.00
10. Personal care products and services 10. $ 110.00
11. Medical and dental expenses 11. $ 250.00
12. Transportation. Include gas, maintenance, bus or train fare.
Do not include car payments. 12. $ 240.00
13. Entertainment, clubs, recreation, newspapers, magazines, and books 13. $ 150.00
14. Charitable contributions and religious donations 14. $ 250.00
15. Insurance.
Do not include insurance deducted from your pay or included in lines 4 or 20.
15a. Life insurance 15a. $ 0.00
15b. Health insurance 15b. $ 300.00
15c. Vehicle insurance 15c. $ 137.00
15d. Other insurance. Specify: 15d. $ 0.00
16. Taxes. Do not include taxes deducted from your pay or included in lines 4 or 20.
Specify: 16. $ 0.00
17. Installment or lease payments:
17a. Car payments for Vehicle 1 17a. $ 0.00
17b. Car payments for Vehicle 2 17b. $ 0.00
17c. Other. Specify: 17c. $ 0.00
17d. Other. Specify: 17d. $ 0.00
18. Your payments of alimony, maintenance, and support that you did not report as
deducted from your pay on line 5, Schedule I, Your Income (Official Form 6I). 18. $ 638.00
19. Other payments you make to support others who do not live with you. $ 0.00
Specify: 19.
20. Other real property expenses not included in lines 4 or 5 of this form or on Schedule I: Your Income.
20a. Mortgages on other property 20a. $ 0.00
20b. Real estate taxes 20b. $ 0.00
20c. Property, homeowner’s, or renter’s insurance 20c. $ 0.00
20d. Maintenance, repair, and upkeep expenses 20d. $ 0.00
20e. Homeowner’s association or condominium dues 20e. $ 0.00
21. Other: Specify: Student Loan 21. +$ 250.00
Wife's Student Loan ($30,000 balance) +$ 1,500.00
Lawn care +$ 50.00
22. Your monthly expenses. Add lines 4 through 21.
The result is your monthly expenses.
22. $ 6,725.00
23. Calculate your monthly net income.
23a. Copy line 12 (your combined monthly income) from Schedule I. 23a. $ 7,731.00
23b. Copy your monthly expenses from line 22 above. 23b. -$ 6,725.00
23c. Subtract your monthly expenses from your monthly income.
The result is your monthly net income. 23c. $ 1,006.00
24. Do you expect an increase or decrease in your expenses within the year after you file this form?
For example, do you expect to finish paying for your car loan within the year or do you expect your mortgage payment to increase or decrease because of a
modification to the terms of your mortgage?
No.
Yes.
Explain:
Wife makes regular substantial donations to various non-for-profit organizations.
Debtor is unsure how wife spends her monthly income.
Official Form B 6J Schedule J: Your Expenses page 2
Case 15-06150-RLM-7 Doc 1 Filed 07/20/15 EOD 07/20/15 10:54:56 Pg 23 of 44
24. B6 Declaration (Official Form 6 - Declaration). (12/07)
United States Bankruptcy Court
Southern District of Indiana
In re John Palmer SCHMITZ Case No.
Debtor(s) Chapter 7
DECLARATION CONCERNING DEBTOR'S SCHEDULES
DECLARATION UNDER PENALTY OF PERJURY BY INDIVIDUAL DEBTOR
I declare under penalty of perjury that I have read the foregoing summary and schedules, consisting of 20
sheets, and that they are true and correct to the best of my knowledge, information, and belief.
Date July 16, 2015 Signature /s/ John Palmer SCHMITZ
John Palmer SCHMITZ
Debtor
Penalty for making a false statement or concealing property: 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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Case 15-06150-RLM-7 Doc 1 Filed 07/20/15 EOD 07/20/15 10:54:56 Pg 24 of 44
25. B7 (Official Form 7) (04/13)
United States Bankruptcy Court
Southern District of Indiana
In re John Palmer SCHMITZ Case No.
Debtor(s) Chapter 7
STATEMENT OF FINANCIAL AFFAIRS
This statement is to be completed by every debtor. Spouses filing a joint petition may file a single statement on which the information for
both spouses is combined. If the case is filed under chapter 12 or chapter 13, a married debtor must furnish information for both spouses whether or
not a joint petition is filed, unless the spouses are separated and a joint petition is not filed. An individual debtor engaged in business as a sole
proprietor, partner, family farmer, or self-employed professional, should provide the information requested on this statement concerning all such
activities as well as the individual's personal affairs. To indicate payments, transfers and the like to minor children, state the child's initials and the
name and address of the child's parent or guardian, such as "A.B., a minor child, by John Doe, guardian." Do not disclose the child's name. See, 11
U.S.C. § 112; Fed. R. Bankr. P. 1007(m).
Questions 1 - 18 are to be completed by all debtors. Debtors that are or have been in business, as defined below, also must complete
Questions 19 - 25. If the answer to an applicable question is "None," mark the box labeled "None." If additional space is needed for the answer
to any question, use and attach a separate sheet properly identified with the case name, case number (if known), and the number of the question.
DEFINITIONS
"In business." A debtor is "in business" for the purpose of this form if the debtor is a corporation or partnership. An individual debtor is "in
business" for the purpose of this form if the debtor is or has been, within six years immediately preceding the filing of this bankruptcy case, any of
the following: an officer, director, managing executive, or owner of 5 percent or more of the voting or equity securities of a corporation; a partner,
other than a limited partner, of a partnership; a sole proprietor or self-employed full-time or part-time. An individual debtor also may be "in business"
for the purpose of this form if the debtor engages in a trade, business, or other activity, other than as an employee, to supplement income from the
debtor's primary employment.
"Insider." The term "insider" includes but is not limited to: relatives of the debtor; general partners of the debtor and their relatives;
corporations of which the debtor is an officer, director, or person in control; officers, directors, and any persons in control of a corporate debtor and
their relatives; affiliates of the debtor and insiders of such affiliates; and any managing agent of the debtor. 11 U.S.C. § 101(2), (31).
None
1. Income from employment or operation of business
State the gross amount of income the debtor has received from employment, trade, or profession, or from operation of the debtor's
business, including part-time activities either as an employee or in independent trade or business, from the beginning of this calendar
year to the date this case was commenced. State also the gross amounts received during the two years immediately preceding this
calendar year. (A debtor that maintains, or has maintained, financial records on the basis of a fiscal rather than a calendar year may
report fiscal year income. Identify the beginning and ending dates of the debtor's fiscal year.) If a joint petition is filed, state income for
each spouse separately. (Married debtors filing under chapter 12 or chapter 13 must state income of both spouses whether or not a joint
petition is filed, unless the spouses are separated and a joint petition is not filed.)
AMOUNT SOURCE
$26,000.00 2015 YTD: Adams Masonry & Construction Co., LLC
$26,000.00 Year 2014: Adams Masonry & Construction Co., LLC
$3,150.00 Year 2014: Aldrich Environmental, LLC
$26,386.00 Year 2013: Adams Masonry & Construction Co., LLC
$0.00 Year 2013: Aldrich Environmental LLC
(all the above income sources were derived from wage income)
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Case 15-06150-RLM-7 Doc 1 Filed 07/20/15 EOD 07/20/15 10:54:56 Pg 25 of 44
26. B7 (Official Form 7) (04/13) 2
None
2. Income other than from employment or operation of business
State the amount of income received by the debtor other than from employment, trade, profession, or operation of the debtor's business
during the two years immediately preceding the commencement of this case. Give particulars. If a joint petition is filed, state income for
each spouse separately. (Married debtors filing under chapter 12 or chapter 13 must state income for each spouse whether or not a joint
petition is filed, unless the spouses are separated and a joint petition is not filed.)
AMOUNT SOURCE
$26,897.00 2015 YTD: 2014 Federal Income Tax refund (joint return with wife) (entire
proceeds were received and spent by wife by paying her non-dischargeable
student loan)
$5,616.00 2015 YTD: 2014 Indiana Income Tax refund (joint return) (entire proceeds were
received and spent by wife by paying her non-dischargeable student loan)
$25,000.00 2015 YTD: second installment related to sale of interest in Aldrich
Environmental, LLC (operates water treatment plant) to Gutting Real Estate, LLC.
(received on or about April 6, 2015. Proceeds were used pay to
non-dischargeable student loan debt (FEDLoan Servicing Center))
$3,661.00 Year 2014: 2013 Federal Income Tax refund
$617.00 Year 2014: 2013 Indiana Income Tax refund
$20,000.00 Year 2014: gross proceeds from sale of in Aldrich Environmental, LLC (operates
water treatment plant) to Gutting Real Estate, LLC (first installment was received
in October 2014. Proceeds were used to pay student loan debt.)
None
3. Payments to creditors
Complete a. or b., as appropriate, and c.
a. Individual or joint debtor(s) with primarily consumer debts: List all payments on loans, installment purchases of goods or
services, and other debts to any creditor made within 90 days immediately preceding the commencement of this case unless the
aggregate value of all property that constitutes or is affected by such transfer is less than $600. Indicate with an asterisk (*) any
payments that were made to a creditor on account of a domestic support obligation or as part of an alternative repayment schedule under
a plan by an approved nonprofit budgeting and credit counseling agency. (Married debtors filing under chapter 12 or chapter 13 must
include payments by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is
not filed.)
NAME AND ADDRESS
OF CREDITOR
DATES OF
PAYMENTS AMOUNT PAID
AMOUNT STILL
OWING
None b. Debtor whose debts are not primarily consumer debts: List each payment or other transfer to any creditor made within 90 days
immediately preceding the commencement of the case unless the aggregate value of all property that constitutes or is affected by such
transfer is less than $6,225*. If the debtor is an individual, indicate with an asterisk (*) any payments that were made to a creditor on
account of a domestic support obligation or as part of an alternative repayment schedule under a plan by an approved nonprofit
budgeting and credit counseling agency. (Married debtors filing under chapter 12 or chapter 13 must include payments and other
transfers by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not
filed.)
NAME AND ADDRESS OF CREDITOR
DATES OF
PAYMENTS/
TRANSFERS
AMOUNT
PAID OR
VALUE OF
TRANSFERS
AMOUNT STILL
OWING
None c. All debtors: List all payments made within one year immediately preceding the commencement of this case to or for the benefit of
creditors who are or were insiders. (Married debtors filing under chapter 12 or chapter 13 must include payments by either or both
spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
NAME AND ADDRESS OF CREDITOR AND
RELATIONSHIP TO DEBTOR DATE OF PAYMENT AMOUNT PAID
AMOUNT STILL
OWING
* Amount subject to adjustment on 4/01/16, and every three years thereafter with respect to cases commenced on or after the date of adjustment.
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Case 15-06150-RLM-7 Doc 1 Filed 07/20/15 EOD 07/20/15 10:54:56 Pg 26 of 44
27. B7 (Official Form 7) (04/13) 3
None
4. Suits and administrative proceedings, executions, garnishments and attachments
a. List all suits and administrative proceedings to which the debtor is or was a party within one year immediately preceding the filing of
this bankruptcy case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning either or both spouses
whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
CAPTION OF SUIT
AND CASE NUMBER
NATURE OF
PROCEEDING
COURT OR AGENCY
AND LOCATION
STATUS OR
DISPOSITION
Lyon Financial Services, Inc.
dba US Bancorp Manifest Funding Services,
Plaintiff,
v.
3R Contractors Inc., and
John Schmits, individually,
Defendants.
41D01-0908-CC-001170
----------------------------------
Civil collection
($60,504.99 plus
$159 court costs
as of September
17, 2009)
Johnson County Superior Court no. 1 Default
Judgment for
the plaintiff
Williams Hewitt Barrett & Wilkowski,
Plaintiff,
v.
John Schmitz,
Defendant.
41D01-1406-CC-000667
---------------------------------
Civil collection
($62,630 plus
court costs of
$154 as of July
24, 2014)
Johnson Superior Court no. 1 Judgment for
the plaintiff
Aldrich Environmental, LLC,
Plaintiff,
v.
Gutting Real Estate, LLC,
Defendant.
Gutting Real Estate, LLC,
Cross Claimant,
v.
Aldrich Environmental, Inc, and
John P. Schmitz,
Counter-Claimants.
55D01-1403-MI-000421
---------------------------------
Civil collection Morgan County Superior Court no. 1 Dismissed on
June 4, 2015
(via
Stipulation of
Dismissal)
SMS Financial 33, LLC an Arizona Limited
Liability Company,
Plaintiff,
v.
John P. Schmitz, and
Jenny Schmitz,
Defendants.
41D01-1208-CC-001127
----------------------------------
Civil collection
($105,753.02 plus
$162 court costs
as of December
6, 2012)
Johnson Superior Court no.1 Default
judgment for
the plaintiff
Forum Credit Union,
Plaintiff,
v.
John P. Schmitz, Jenny F. Schmitz,
MainSource Bank, CitiBank,
and Unknown Occupant,
Defendants.
55C01-1110-MF-002112
----------------------------------
Complaint on
Note and to
Foreclose
Mortgage
Morgan County Circuit Court Dismissed
without
prejudice
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Case 15-06150-RLM-7 Doc 1 Filed 07/20/15 EOD 07/20/15 10:54:56 Pg 27 of 44
28. B7 (Official Form 7) (04/13) 4
CAPTION OF SUIT
AND CASE NUMBER
NATURE OF
PROCEEDING
COURT OR AGENCY
AND LOCATION
STATUS OR
DISPOSITION
Citibank (South Dakota), N.A.,
Plaintiff,
v.
John P. Schmitz,
Defendant.
55D03-1008-CC-000338
---------------------------------
Civil collection
($9,243.09)
Morgan Superior Court no. 3 Agreed
judgment for
the plaintiff
Mainsource Bank,
Plaintiff,
v.
John P. Schmitz, Jenny F. Schmitz,
Walter L. Corbin, Virginia L. Corbin,
June Bug Development, LLC,
G&W Excavators, Inc.,
National City Mortgage,
Tucker Homes, Inc.,
Jay T. Tucker, June L. Tucker, and
Gutting Real Estate, LLC,
Defendants.
55C01-1007-MF-000728
---------------------------------
Complaint For
Damages on
Commercial
Note, Security
Agreement,
Personal
Guaranty, To
Foreclose
Commercial
Mortgage and for
Replevin
Morgan County Circuit Court Judgment in
favor of
plaintiffs
against June
Bug
Developemen
t LLC, John P.
Schmitz,
Jenny
Schmitz, Jay
T. Tucker, and
June Tucker,
jointly and
severally in
the amount of
$1,683,984.80
In re: The Marriage of John Schmitz and Jenny
F. Schmitz
John Schmitz,
Petitioner,
and
Jenny F. Schmitz,
Respondent.
49D03-1212-DR-048587
Petition for
Dissolution of
Marriage
Marion County Superior Court no. 3 Dissolution of
Marriage
entered on
October 24,
2013
None b. Describe all property that has been attached, garnished or seized under any legal or equitable process within one year immediately
preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning
property of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not
filed.)
NAME AND ADDRESS OF PERSON FOR WHOSE
BENEFIT PROPERTY WAS SEIZED DATE OF SEIZURE
DESCRIPTION AND VALUE OF
PROPERTY
None
5. Repossessions, foreclosures and returns
List all property that has been repossessed by a creditor, sold at a foreclosure sale, transferred through a deed in lieu of foreclosure or
returned to the seller, within one year immediately preceding the commencement of this case. (Married debtors filing under chapter 12
or chapter 13 must include information concerning property of either or both spouses whether or not a joint petition is filed, unless the
spouses are separated and a joint petition is not filed.)
NAME AND ADDRESS OF
CREDITOR OR SELLER
DATE OF REPOSSESSION,
FORECLOSURE SALE,
TRANSFER OR RETURN
DESCRIPTION AND VALUE OF
PROPERTY
None
6. Assignments and receiverships
a. Describe any assignment of property for the benefit of creditors made within 120 days immediately preceding the commencement of
this case. (Married debtors filing under chapter 12 or chapter 13 must include any assignment by either or both spouses whether or not a
joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
NAME AND ADDRESS OF ASSIGNEE
DATE OF
ASSIGNMENT TERMS OF ASSIGNMENT OR SETTLEMENT
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29. B7 (Official Form 7) (04/13) 5
None b. List all property which has been in the hands of a custodian, receiver, or court-appointed official within one year immediately
preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning
property of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not
filed.)
NAME AND ADDRESS
OF CUSTODIAN
NAME AND LOCATION
OF COURT
CASE TITLE & NUMBER
DATE OF
ORDER
DESCRIPTION AND VALUE OF
PROPERTY
None
7. Gifts
List all gifts or charitable contributions made within one year immediately preceding the commencement of this case except ordinary
and usual gifts to family members aggregating less than $200 in value per individual family member and charitable contributions
aggregating less than $100 per recipient. (Married debtors filing under chapter 12 or chapter 13 must include gifts or contributions by
either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
NAME AND ADDRESS OF
PERSON OR ORGANIZATION
RELATIONSHIP TO
DEBTOR, IF ANY DATE OF GIFT
DESCRIPTION AND
VALUE OF GIFT
None
8. Losses
List all losses from fire, theft, other casualty or gambling within one year immediately preceding the commencement of this case or
since the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include losses by either or both
spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
DESCRIPTION AND VALUE
OF PROPERTY
DESCRIPTION OF CIRCUMSTANCES AND, IF
LOSS WAS COVERED IN WHOLE OR IN PART
BY INSURANCE, GIVE PARTICULARS DATE OF LOSS
None
9. Payments related to debt counseling or bankruptcy
List all payments made or property transferred by or on behalf of the debtor to any persons, including attorneys, for consultation
concerning debt consolidation, relief under the bankruptcy law or preparation of the petition in bankruptcy within one year immediately
preceding the commencement of this case.
NAME AND ADDRESS
OF PAYEE
DATE OF PAYMENT,
NAME OF PAYER IF OTHER
THAN DEBTOR
AMOUNT OF MONEY
OR DESCRIPTION AND VALUE
OF PROPERTY
David A. Mathies
225 North Delaware Street
Indianapolis, IN 46204-2137
November 27, 2013
July 13, 2015
$900.00
$700.00
None
10. Other transfers
a. List all other property, other than property transferred in the ordinary course of the business or financial affairs of the debtor,
transferred either absolutely or as security within two years immediately preceding the commencement of this case. (Married debtors
filing under chapter 12 or chapter 13 must include transfers by either or both spouses whether or not a joint petition is filed, unless the
spouses are separated and a joint petition is not filed.)
NAME AND ADDRESS OF TRANSFEREE,
RELATIONSHIP TO DEBTOR DATE
DESCRIBE PROPERTY TRANSFERRED
AND VALUE RECEIVED
Gutting Real Estate, LLC
Ernest D. Gutting
8614 Maple View Drive
Indianapolis, IN 46217
Relationship: None
October 2014 Entire ownership interest in Aldrich
Environmental, LLC
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30. B7 (Official Form 7) (04/13) 6
None b. List all property transferred by the debtor within ten years immediately preceding the commencement of this case to a self-settled
trust or similar device of which the debtor is a beneficiary.
NAME OF TRUST OR OTHER
DEVICE DATE(S) OF
TRANSFER(S)
AMOUNT OF MONEY OR DESCRIPTION AND
VALUE OF PROPERTY OR DEBTOR'S INTEREST
IN PROPERTY
None
11. Closed financial accounts
List all financial accounts and instruments held in the name of the debtor or for the benefit of the debtor which were closed, sold, or
otherwise transferred within one year immediately preceding the commencement of this case. Include checking, savings, or other
financial accounts, certificates of deposit, or other instruments; shares and share accounts held in banks, credit unions, pension funds,
cooperatives, associations, brokerage houses and other financial institutions. (Married debtors filing under chapter 12 or chapter 13 must
include information concerning accounts or instruments held by or for either or both spouses whether or not a joint petition is filed,
unless the spouses are separated and a joint petition is not filed.)
NAME AND ADDRESS OF INSTITUTION
TYPE OF ACCOUNT, LAST FOUR
DIGITS OF ACCOUNT NUMBER,
AND AMOUNT OF FINAL BALANCE
AMOUNT AND DATE OF SALE
OR CLOSING
None
12. Safe deposit boxes
List each safe deposit or other box or depository in which the debtor has or had securities, cash, or other valuables within one year
immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include boxes or
depositories of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not
filed.)
NAME AND ADDRESS OF BANK
OR OTHER DEPOSITORY
NAMES AND ADDRESSES
OF THOSE WITH ACCESS
TO BOX OR DEPOSITORY
DESCRIPTION
OF CONTENTS
DATE OF TRANSFER OR
SURRENDER, IF ANY
None
13. Setoffs
List all setoffs made by any creditor, including a bank, against a debt or deposit of the debtor within 90 days preceding the
commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning either or both
spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
NAME AND ADDRESS OF CREDITOR DATE OF SETOFF AMOUNT OF SETOFF
None
14. Property held for another person
List all property owned by another person that the debtor holds or controls.
NAME AND ADDRESS OF OWNER DESCRIPTION AND VALUE OF PROPERTY LOCATION OF PROPERTY
None
15. Prior address of debtor
If the debtor has moved within three years immediately preceding the commencement of this case, list all premises which the debtor
occupied during that period and vacated prior to the commencement of this case. If a joint petition is filed, report also any separate
address of either spouse.
ADDRESS NAME USED DATES OF OCCUPANCY
5035 West 15th Street
Indianapolis, IN 46224-6507
John P. Schmitz 09/2014 to present.
7592 North Banta Road (building)
Bargersville, IN 46106-8617
John P. Schmitz 11/2012 to 09/2014
7592 North Banta Road (house)
Bargersville, IN 46106-8617
John P. Schmitz 2003 to 11/2012
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31. B7 (Official Form 7) (04/13) 7
None
16. Spouses and Former Spouses
If the debtor resides or resided in a community property state, commonwealth, or territory (including Alaska, Arizona, California, Idaho,
Louisiana, Nevada, New Mexico, Puerto Rico, Texas, Washington, or Wisconsin) within eight years immediately preceding the
commencement of the case, identify the name of the debtor’s spouse and of any former spouse who resides or resided with the debtor in
the community property state.
NAME
17. Environmental Information.
For the purpose of this question, the following definitions apply:
"Environmental Law" means any federal, state, or local statute or regulation regulating pollution, contamination, releases of hazardous
or toxic substances, wastes or material into the air, land, soil, surface water, groundwater, or other medium, including, but not limited to,
statutes or regulations regulating the cleanup of these substances, wastes, or material.
"Site" means any location, facility, or property as defined under any Environmental Law, whether or not presently or formerly owned or
operated by the debtor, including, but not limited to, disposal sites.
"Hazardous Material" means anything defined as a hazardous waste, hazardous substance, toxic substance, hazardous material,
pollutant, or contaminant or similar term under an Environmental Law
None a. List the name and address of every site for which the debtor has received notice in writing by a governmental unit that it may be liable
or potentially liable under or in violation of an Environmental Law. Indicate the governmental unit, the date of the notice, and, if known,
the Environmental Law:
SITE NAME AND ADDRESS
NAME AND ADDRESS OF
GOVERNMENTAL UNIT
DATE OF
NOTICE
ENVIRONMENTAL
LAW
None b. List the name and address of every site for which the debtor provided notice to a governmental unit of a release of Hazardous
Material. Indicate the governmental unit to which the notice was sent and the date of the notice.
SITE NAME AND ADDRESS
NAME AND ADDRESS OF
GOVERNMENTAL UNIT
DATE OF
NOTICE
ENVIRONMENTAL
LAW
None c. List all judicial or administrative proceedings, including settlements or orders, under any Environmental Law with respect to which
the debtor is or was a party. Indicate the name and address of the governmental unit that is or was a party to the proceeding, and the
docket number.
NAME AND ADDRESS OF
GOVERNMENTAL UNIT DOCKET NUMBER STATUS OR DISPOSITION
None
18 . Nature, location and name of business
a. If the debtor is an individual, list the names, addresses, taxpayer identification numbers, nature of the businesses, and beginning and
ending dates of all businesses in which the debtor was an officer, director, partner, or managing executive of a corporation, partner in a
partnership, sole proprietor, or was self-employed in a trade, profession, or other activity either full- or part-time within six years
immediately preceding the commencement of this case, or in which the debtor owned 5 percent or more of the voting or equity securities
within six years immediately preceding the commencement of this case.
If the debtor is a partnership, list the names, addresses, taxpayer identification numbers, nature of the businesses, and beginning and
ending dates of all businesses in which the debtor was a partner or owned 5 percent or more of the voting or equity securities, within six
years immediately preceding the commencement of this case.
If the debtor is a corporation, list the names, addresses, taxpayer identification numbers, nature of the businesses, and beginning and
ending dates of all businesses in which the debtor was a partner or owned 5 percent or more of the voting or equity securities within six
years immediately preceding the commencement of this case.
NAME
LAST FOUR DIGITS OF
SOCIAL-SECURITY OR
OTHER INDIVIDUAL
TAXPAYER-I.D. NO.
(ITIN)/ COMPLETE EIN ADDRESS NATURE OF BUSINESS
BEGINNING AND
ENDING DATES
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32. B7 (Official Form 7) (04/13) 8
NAME
LAST FOUR DIGITS OF
SOCIAL-SECURITY OR
OTHER INDIVIDUAL
TAXPAYER-I.D. NO.
(ITIN)/ COMPLETE EIN ADDRESS NATURE OF BUSINESS
BEGINNING AND
ENDING DATES
The Navajo
Fraternity, Inc.
c/o John P. Schmitz,
President
5035 West 15th Street
Indianapolis, IN 46224-6507
Not-for-Profit college
fraternity affiliated with
Ball State University
08/21/1934 to
present.
Old School
Construction, Inc.
c/o John P. Schmitz,
President
5035 West 15th Street
Indianapolis, IN 46224-6507
construction 01/03/2010 to 2010
(administratively
dissolved on May 12,
2015)
Advantage
Construction
Equipment, Inc.
c/o John P. Schmitz,
Incorporator and President
5035 West 15th Street
Indianapolis, IN 46224-6507
construction 06/2008 to 2007
(administratively
dissolved on
February 3, 2012)
Aldrich
Environmental, LLC
c/o John P. Schmitz,
Member
5035 West 15th Street
Indianapolis, IN 46224-6507
sewer installation and
development for
residential subdivisions
02/28/2005 to
04/30/2015 (business
sold)
3R Contractors, Inc. c/o John P. Schmitz,
President
5035 West 15th Street
Indianapolis, IN 46224-6507
construction 01/26/1994 to 2009
(administratively
dissolved on
November 15, 2011)
June Bug
Development, LLC
c/o John P. Schmitz,
Member
5035 West 15th Street
Indianapolis, IN 46224-6507
Business development
involving the
construction of roads
and lots for residential
subdivisions.
04/12/2006 to 2011
None b. Identify any business listed in response to subdivision a., above, that is "single asset real estate" as defined in 11 U.S.C. § 101.
NAME ADDRESS
The following questions are to be completed by every debtor that is a corporation or partnership and by any individual debtor who is or has
been, within six years immediately preceding the commencement of this case, any of the following: an officer, director, managing executive, or
owner of more than 5 percent of the voting or equity securities of a corporation; a partner, other than a limited partner, of a partnership, a sole
proprietor, or self-employed in a trade, profession, or other activity, either full- or part-time.
(An individual or joint debtor should complete this portion of the statement only if the debtor is or has been in business, as defined above,
within six years immediately preceding the commencement of this case. A debtor who has not been in business within those six years should go
directly to the signature page.)
None
19. Books, records and financial statements
a. List all bookkeepers and accountants who within two years immediately preceding the filing of this bankruptcy case kept or
supervised the keeping of books of account and records of the debtor.
NAME AND ADDRESS DATES SERVICES RENDERED
John P. Schmitz
5035 West 15th Street
Indianapolis, IN 46224-6507
John Schmitz has maintained the
records and books of account for all the
entities listed in 18 above from
approximately 2006 until the end of
operations for each entity.
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33. B7 (Official Form 7) (04/13) 9
NAME AND ADDRESS DATES SERVICES RENDERED
Jeffrey W. Brown, CPA
THE BROWN CPA GROUP
5625 North Post Road, Suite 200
Indianapolis, IN 46216
2003 to present. (Debtor's income tax
return preparer for the debtor and all the
entities listed in 18 above.)
None b. List all firms or individuals who within the two years immediately preceding the filing of this bankruptcy case have audited the books
of account and records, or prepared a financial statement of the debtor.
NAME ADDRESS DATES SERVICES RENDERED
None c. List all firms or individuals who at the time of the commencement of this case were in possession of the books of account and records
of the debtor. If any of the books of account and records are not available, explain.
NAME ADDRESS
John P. Schmitz
John P. Schmitz has possession of all existing books and
financial records.
5035 West 15th Street
Indianapolis, IN 46224-6507
None d. List all financial institutions, creditors and other parties, including mercantile and trade agencies, to whom a financial statement was
issued by the debtor within two years immediately preceding the commencement of this case.
NAME AND ADDRESS DATE ISSUED
None
20. Inventories
a. List the dates of the last two inventories taken of your property, the name of the person who supervised the taking of each inventory,
and the dollar amount and basis of each inventory.
DATE OF INVENTORY INVENTORY SUPERVISOR
DOLLAR AMOUNT OF INVENTORY
(Specify cost, market or other basis)
None b. List the name and address of the person having possession of the records of each of the inventories reported in a., above.
DATE OF INVENTORY
NAME AND ADDRESSES OF CUSTODIAN OF INVENTORY
RECORDS
None
21 . Current Partners, Officers, Directors and Shareholders
a. If the debtor is a partnership, list the nature and percentage of partnership interest of each member of the partnership.
NAME AND ADDRESS NATURE OF INTEREST PERCENTAGE OF INTEREST
None b. If the debtor is a corporation, list all officers and directors of the corporation, and each stockholder who directly or indirectly owns,
controls, or holds 5 percent or more of the voting or equity securities of the corporation.
NAME AND ADDRESS TITLE
NATURE AND PERCENTAGE
OF STOCK OWNERSHIP
None
22 . Former partners, officers, directors and shareholders
a. If the debtor is a partnership, list each member who withdrew from the partnership within one year immediately preceding the
commencement of this case.
NAME ADDRESS DATE OF WITHDRAWAL
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34. B7 (Official Form 7) (04/13) 10
None b. If the debtor is a corporation, list all officers, or directors whose relationship with the corporation terminated within one year
immediately preceding the commencement of this case.
NAME AND ADDRESS TITLE DATE OF TERMINATION
None
23 . Withdrawals from a partnership or distributions by a corporation
If the debtor is a partnership or corporation, list all withdrawals or distributions credited or given to an insider, including compensation
in any form, bonuses, loans, stock redemptions, options exercised and any other perquisite during one year immediately preceding the
commencement of this case.
NAME & ADDRESS
OF RECIPIENT,
RELATIONSHIP TO DEBTOR
DATE AND PURPOSE
OF WITHDRAWAL
AMOUNT OF MONEY
OR DESCRIPTION AND
VALUE OF PROPERTY
None
24. Tax Consolidation Group.
If the debtor is a corporation, list the name and federal taxpayer identification number of the parent corporation of any consolidated
group for tax purposes of which the debtor has been a member at any time within six years immediately preceding the commencement
of the case.
NAME OF PARENT CORPORATION TAXPAYER IDENTIFICATION NUMBER (EIN)
None
25. Pension Funds.
If the debtor is not an individual, list the name and federal taxpayer-identification number of any pension fund to which the debtor, as an
employer, has been responsible for contributing at any time within six years immediately preceding the commencement of the case.
NAME OF PENSION FUND TAXPAYER IDENTIFICATION NUMBER (EIN)
* * * * * *
DECLARATION UNDER PENALTY OF PERJURY BY INDIVIDUAL DEBTOR
I declare under penalty of perjury that I have read the answers contained in the foregoing statement of financial affairs and any attachments thereto
and that they are true and correct.
Date July 16, 2015 Signature /s/ John Palmer SCHMITZ
John Palmer SCHMITZ
Debtor
Penalty for making a false statement: 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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35. B8 (Form 8) (12/08)
United States Bankruptcy Court
Southern District of Indiana
In re John Palmer SCHMITZ Case No.
Debtor(s) Chapter 7
CHAPTER 7 INDIVIDUAL DEBTOR'S STATEMENT OF INTENTION
PART A - Debts secured by property of the estate. (Part A must be fully completed for EACH debt which is secured by
property of the estate. Attach additional pages if necessary.)
Property No. 1
Creditor's Name:
-NONE-
Describe Property Securing Debt:
Property will be (check one):
Surrendered Retained
If retaining the property, I intend to (check at least one):
Redeem the property
Reaffirm the debt
Other. Explain (for example, avoid lien using 11 U.S.C. § 522(f)).
Property is (check one):
Claimed as Exempt Not claimed as exempt
PART B - Personal property subject to unexpired leases. (All three columns of Part B must be completed for each unexpired lease.
Attach additional pages if necessary.)
Property No. 1
Lessor's Name:
-NONE-
Describe Leased Property: Lease will be Assumed pursuant to 11
U.S.C. § 365(p)(2):
YES NO
I declare under penalty of perjury that the above indicates my intention as to any property of my estate securing a debt and/or
personal property subject to an unexpired lease.
Date July 16, 2015 Signature /s/ John Palmer SCHMITZ
John Palmer SCHMITZ
Debtor
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36. United States Bankruptcy Court
Southern District of Indiana
In re John Palmer SCHMITZ Case No.
Debtor(s) Chapter 7
DISCLOSURE OF COMPENSATION OF ATTORNEY FOR DEBTOR(S)
1. Pursuant to 11 U.S.C. § 329(a) and Bankruptcy Rule 2016(b), I certify that I am the attorney for the above-named debtor and that
compensation paid to me within one year before the filing of the petition in bankruptcy, or agreed to be paid to me, for services rendered or to
be rendered on behalf of the debtor(s) in contemplation of or in connection with the bankruptcy case is as follows:
For legal services, I have agreed to accept $ 1,600.00
Prior to the filing of this statement I have received $ 1,600.00
Balance Due $ 0.00
2. The source of the compensation paid to me was:
Debtor Other (specify):
3. The source of compensation to be paid to me is:
Debtor Other (specify):
4. I have not agreed to share the above-disclosed compensation with any other person unless they are members and associates of my law firm.
I have agreed to share the above-disclosed compensation with a person or persons who are not members or associates of my law firm. A
copy of the agreement, together with a list of the names of the people sharing in the compensation is attached.
5. In return for the above-disclosed fee, I have agreed to render legal service for all aspects of the bankruptcy case, including:
a. Analysis of the debtor's financial situation, and rendering advice to the debtor in determining whether to file a petition in bankruptcy;
b. Preparation and filing of any petition, schedules, statement of affairs and plan which may be required;
c. Representation of the debtor at the meeting of creditors and confirmation hearing, and any adjourned hearings thereof;
d. [Other provisions as needed]
Negotiations with secured creditors to reduce to market value; exemption planning; preparation and filing of
reaffirmation agreements and applications as needed; preparation and filing of motions pursuant to 11 USC
522(f)(2)(A) for avoidance of liens on household goods.
6. By agreement with the debtor(s), the above-disclosed fee does not include the following service:
Representation of the debtors in any dischargeability actions, judicial lien avoidances, relief from stay actions or
any other adversary proceeding.
CERTIFICATION
I certify that the foregoing is a complete statement of any agreement or arrangement for payment to me for representation of the debtor(s) in
this bankruptcy proceeding.
Dated: July 16, 2015 /s/ David A. Mathies
David A. Mathies
David A. Mathies
Attorney at Law
225 North Delaware Street
Indianapolis, IN 46204-2137
(317) 269-3422 Fax: (317) 269-3428
[email protected]
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37. B 201A (Form 201A) (6/14)
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF INDIANA
NOTICE TO CONSUMER DEBTOR(S) UNDER § 342(b)
OF THE BANKRUPTCY CODE
In accordance with § 342(b) of the Bankruptcy Code, this notice to individuals with primarily consumer debts: (1) Describes
briefly the services available from credit counseling services; (2) Describes briefly the purposes, benefits and costs of the four types of
bankruptcy proceedings you may commence; and (3) Informs you about bankruptcy crimes and notifies you that the Attorney General
may examine all information you supply in connection with a bankruptcy case.
You are cautioned that bankruptcy law is complicated and not easily described. Thus, you may wish to seek the advice of an
attorney to learn of your rights and responsibilities should you decide to file a petition. Court employees cannot give you legal advice.
Notices from the bankruptcy court are sent to the mailing address you list on your bankruptcy petition. In order to ensure that
you receive information about events concerning your case, Bankruptcy Rule 4002 requires that you notify the court of any changes in
your address. If you are filing a joint case (a single bankruptcy case for two individuals married to each other), and each spouse lists
the same mailing address on the bankruptcy petition, you and your spouse will generally receive a single copy of each notice mailed
from the bankruptcy court in a jointly-addressed envelope, unless you file a statement with the court requesting that each spouse
receive a separate copy of all notices.
1. Services Available from Credit Counseling Agencies
With limited exceptions, § 109(h) of the Bankruptcy Code requires that all individual debtors who file for bankruptcy
relief on or after October 17, 2005, receive a briefing that outlines the available opportunities for credit counseling and
provides assistance in performing a budget analysis. The briefing must be given within 180 days before the bankruptcy filing. The
briefing may be provided individually or in a group (including briefings conducted by telephone or on the Internet) and must be
provided by a nonprofit budget and credit counseling agency approved by the United States trustee or bankruptcy administrator. The
clerk of the bankruptcy court has a list that you may consult of the approved budget and credit counseling agencies. Each debtor in a
joint case must complete the briefing.
In addition, after filing a bankruptcy case, an individual debtor generally must complete a financial management
instructional course before he or she can receive a discharge. The clerk also has a list of approved financial management
instructional courses. Each debtor in a joint case must complete the course.
2. The Four Chapters of the Bankruptcy Code Available to Individual Consumer Debtors
Chapter 7: Liquidation ($245 filing fee, $75 administrative fee, $15 trustee surcharge: Total Fee $335)
Chapter 7 is designed for debtors in financial difficulty who do not have the ability to pay their existing debts. Debtors whose
debts are primarily consumer debts are subject to a "means test" designed to determine whether the case should be permitted to
proceed under chapter 7. If your income is greater than the median income for your state of residence and family size, in some cases,
the United States trustee (or bankruptcy administrator), the trustee, or creditors have the right to file a motion requesting that the court
dismiss your case under § 707(b) of the Code. It is up to the court to decide whether the case should be dismissed.
Under chapter 7, you may claim certain of your property as exempt under governing law. A trustee may have the right to take
possession of and sell the remaining property that is not exempt and use the sale proceeds to pay your creditors.
The purpose of filing a chapter 7 case is to obtain a discharge of your existing debts. If, however, you are found to have
committed certain kinds of improper conduct described in the Bankruptcy Code, the court may deny your discharge and, if it does, the
purpose for which you filed the bankruptcy petition will be defeated.
Even if you receive a general discharge, some particular debts are not discharged under the law. Therefore, you may still be
responsible for most taxes and student loans; debts incurred to pay nondischargeable taxes; domestic support and property settlement
obligations; most fines, penalties, forfeitures, and criminal restitution obligations; certain debts which are not properly listed in your
bankruptcy papers; and debts for death or personal injury caused by operating a motor vehicle, vessel, or aircraft while intoxicated
from alcohol or drugs. Also, if a creditor can prove that a debt arose from fraud, breach of fiduciary duty, or theft, or from a willful and
malicious injury, the bankruptcy court may determine that the debt is not discharged.
Chapter 13: Repayment of All or Part of the Debts of an Individual with Regular Income ($235 filing fee,
$75 administrative fee: Total Fee $310)
Chapter 13 is designed for individuals with regular income who would like to pay all or part of their debts in installments over
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38. Form B 201A, Notice to Consumer Debtor(s) Page 2
a period of time. You are only eligible for chapter 13 if your debts do not exceed certain dollar amounts set forth in the Bankruptcy
Code.
Under chapter 13, you must file with the court a plan to repay your creditors all or part of the money that you owe them, using
your future earnings. The period allowed by the court to repay your debts may be three years or five years, depending upon your
income and other factors. The court must approve your plan before it can take effect.
After completing the payments under your plan, your debts are generally discharged except for domestic support obligations;
most student loans; certain taxes; most criminal fines and restitution obligations; certain debts which are not properly listed in your
bankruptcy papers; certain debts for acts that caused death or personal injury; and certain long term secured obligations.
Chapter 11: Reorganization ($1,167 filing fee, $550 administrative fee: Total Fee $1,717)
Chapter 11 is designed for the reorganization of a business but is also available to consumer debtors. Its provisions are quite
complicated, and any decision by an individual to file a chapter 11 petition should be reviewed with an attorney.
Chapter 12: Family Farmer or Fisherman ($200 filing fee, $75 administrative fee: Total Fee $275)
Chapter 12 is designed to permit family farmers and fishermen to repay their debts over a period of time from future earnings
and is similar to chapter 13. The eligibility requirements are restrictive, limiting its use to those whose income arises primarily from a
family-owned farm or commercial fishing operation.
3. Bankruptcy Crimes and Availability of Bankruptcy Papers to Law Enforcement Officials
A person who knowingly and fraudulently conceals assets or makes a false oath or statement under penalty of perjury, either
orally or in writing, in connection with a bankruptcy case is subject to a fine, imprisonment, or both. All information supplied by a
debtor in connection with a bankruptcy case is subject to examination by the Attorney General acting through the Office of the United
States Trustee, the Office of the United States Attorney, and other components and employees of the Department of Justice.
WARNING: Section 521(a)(1) of the Bankruptcy Code requires that you promptly file detailed information regarding your creditors,
assets, liabilities, income, expenses and general financial condition. Your bankruptcy case may be dismissed if this information is not
filed with the court within the time deadlines set by the Bankruptcy Code, the Bankruptcy Rules, and the local rules of the court. The
documents and the deadlines for filing them are listed on Form B200, which is posted at
http://www.uscourts.gov/bkforms/bankruptcy_forms.html#procedure.
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39. B 201B (Form 201B) (12/09)
United States Bankruptcy Court
Southern District of Indiana
In re John Palmer SCHMITZ Case No.
Debtor(s) Chapter 7
CERTIFICATION OF NOTICE TO CONSUMER DEBTOR(S)
UNDER § 342(b) OF THE BANKRUPTCY CODE
Certification of Debtor
I (We), the debtor(s), affirm that I (we) have received and read the attached notice, as required by § 342(b) of the Bankruptcy
Code.
John Palmer SCHMITZ X /s/ John Palmer SCHMITZ July 16, 2015
Printed Name(s) of Debtor(s) Signature of Debtor Date
Case No. (if known) X
Signature of Joint Debtor (if any) Date
Instructions: Attach a copy of Form B 201 A, Notice to Consumer Debtor(s) Under § 342(b) of the Bankruptcy Code.
Use this form to certify that the debtor has received the notice required by 11 U.S.C. § 342(b) only if the certification has NOT been made on the
Voluntary Petition, Official Form B1. Exhibit B on page 2 of Form B1 contains a certification by the debtor's attorney that the attorney has given the
notice to the debtor. The Declarations made by debtors and bankruptcy petition preparers on page 3 of Form B1 also include this certification.
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40. United States Bankruptcy Court
Southern District of Indiana
In re John Palmer SCHMITZ Case No.
Debtor(s) Chapter 7
VERIFICATION OF CREDITOR MATRIX
The above-named Debtor hereby verifies that the attached list of creditors is true and correct to the best of his/her knowledge.
Date: July 16, 2015 /s/ John Palmer SCHMITZ
John Palmer SCHMITZ
Signature of Debtor
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PNC MORTGAGE
BANKRUPTCY DEPARTMENT
3232 NEWMARK DRIVE
MIAMISBURG, OH 45342
3R CONTRACTORS, INC.
C/O JOHN P. SCHMITZ, PRESIDENT
5035 WEST 15TH STREET
INDIANAPOLIS, IN 46224-6507
ADAM CHISTOPHER COBB
MERCER BELANGER
ONE INDIANA SQUARE, ST. 1500
INDIANAPOLIS, IN 46204
BOSE MCKINNEY & EVANS LLP
111 MONUMENT CIRCLE, ST. 2700
INDIANAPOLIS, IN 46204-5100
BRIAN L. OAKS, ATTORNEY
P.O. BOX 958
515 WEST SYCAMORE STREET
KOKOMO, IN 46903-0958
CITI CARDS BY SEARS
CITI CARDS
P.O. BOX 6404
THE LAKES, NV 88901-6404
GREGORY DAVID STURM
WILLIAMS BARRETT & WILKOWSKI, LLP
600 N. EMERSON AVENUE, POB 405
GREENWOOD, IN 46142
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42. JENNY F. SCHMITZ
7592 NORTH BANTA ROAD
BARGERSVILLE, IN 46106
JENNY SCHMITZ
7592 N. BANTA ROAD
BARGERSVILLE, IN 46106
JUNE BUG DEVELOPMENT, LLC
C/O JOHN P. SCHMITZ, MEMBER
5035 WEST 15TH STREET
INDIANAPOLIS, IN 46224-6507
LONDON WITTE GROUP
ONE INDEPENDENCE CENTER
1776 N. MERIDIAN STREET, ST. 500
INDIANAPOLIS, IN 46202
LYON FINANCIAL SERVICES
DBA U.S. BANCORP MANIFEST FUNDING SERVIC
1310 MADRID STREET
MARSHALL, MN 56258
LYON FINANCIAL SERVICES, INC.
%CT CORPORATION SYSTEM
150 WEST MARKET STREET, #800
INDIANAPOLIS, IN 46204
MAINSOURCE BANK
1927 NORTH GREENSBURG CROSSING
GREENSBURG, IN 47240
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43. MENARDS THOROUGHBRED STALLIONS
RETAIL SERVICES
DEPT. 7680
CAROL STREAM, IL 60116-7680
PNC BANK
P.O. BOX 856177
LOUISVILLE, KY 40285-6177
PNC BANK
P.O. BOX 747066
PITTSBURGH, PA 15274-7066
R. BROCK JORDAN
RUBIN & LEVIN
342 MASSACHUSETTES AVENUE, ST. #500
INDIANAPOLIS, IN 46204-2161
RICHARD W. MCMINN
LIBERTY MUTUAL GROUP
11611 N. MERIDIAN STREET, ST. 410
CARMEL, IN 46032
SMS FINANCIAL 30
C/O JON P. CLEMONS, WELTMAN WEINBER REIS
525 VINE STERET, SUITE 800
CINCINNATI, OH 45202
STEVEN L. DAVIES
JAVITCH, BLOCK & RATHBONE, LLP
1100 SUPERIOR AVENUE, 19TH FL.
CLEVELAND, OH 44114-2531
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44. U.S. DEPARTMENT OF EDUCATION
DIRECT LOAN SERVICING CENTER
P.O. BOX 530260
ATLANTA, GA 30353-0260
U.S. DEPARTMENT OF EDUCATION
LOAN SERVICES
P.O. BOX 105028
ATLANTA, GA 30348-5028
UNIVERSITY OF THE ROCKIES
STUDENT FINANCIAL SERVICES
1201 16TH STREET, SUITE 200
DENVER, CO 80202
WILLIAMS, BARRETT & WILKOWSKI LLP
600 NORTH EMERSON AVENUE
GREENWOOD, IN 46143
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45. DEBTOR'S VERIFIED DECLARATION REGARDING
NATURE OF DEBT (CONSUMER/BUSINESS DEBT)
I, John Palmer Schmitz, declare under penalties of perjury that:
1. The natureof the debt listed in our Schedules is not primarilyconsumer debts
as defined in 11 U.S.C. 101(8).
2. A summary of the debts listed in my schedules is as follows:
Consumer debts: Amount
PNC Mortgage (purchase of residence owned by former spouse) $300.000.
Total consumer debts: $300,000.
Non-consumer debts:
Bose McKinney & Evans LLP $29,000.
(legal services rendered for Aldridge Environmental LLC)
Citi Cards by Sears (constructionsupplies) 9,243.
London Witte Group 5,000.
(Tax return preparation services for AldridgeEnvironmentalLLC)
Lyon Financial Services (purchase of forklift) 60,504.
Thoroughbred StallionsMenard's card (construction supplies) 3,074.
SMS Financial 30 (developmentof subdivision) 105,915.
U.S. Department of Education (student loan) 52,600.
University of the Rockies 8,000.
Williams, Barrett & WilkowskiLLP 26,000.
(legal services rendered for 3R Contractors,Inc.)
MainSource Bank (business loan) 1,683,984.
PNC Bank (business loan) 105,735.
PNC Bank (business loan) 51.000.
Total non-consumer debts: $2,140,055.
Total of all debt: $2,440,055.
Percentage of consumer debt: 12.29% ($300,000/$2,440,055)
Percentage of non-consumer debt: 87.71% ($2,140,055/$2,440,055)
Dated: July 16,2015
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