Opinion
CASE NO. 08-435.
November 22, 2010
MEMORANDUM OPINION
George Van Wagner, pro se, filed a document entitled "Motion to Sustain Determinations from the January 14, 2010 Hearing," in which he seeks a declaration that his Chapter 7 trustee abandoned certain property to him when the Trustee settled unrelated third-party litigation.
In addition to the Motion being adjudicated by the court, the court is considering other filings of the Debtor as supplementing the Motion. These supplemental documents are: (1) the adversary complaint filed by the Debtor, styled Van Wagner v. Fluharty (In re Van Wagner), Adv. Proc. No. 10-37; (2) the Request for Order for Partial Abandonment Be Put in Bankruptcy Record, filed by the Debtor on March 22, 2010 (Document No. 714); and (3) the Motion to Release Equity Interest In Debtor's LLCs, filed by the Debtor on April 30, 2010 (Document No. 749). After the evidentiary hearing held by the court on October 8, 2010, Mr. Van Wagner further supplemented his arguments on October 29, 2010 (Document No. 849).
For the reasons stated herein, the court concludes that its order approving the settlement agreement did not act to abandon the property interests sought to be assumed by Mr. Van Wagner.
I. BACKGROUND
When Mr. Van Wagner filed his individual Chapter 11 bankruptcy petition on March 28, 2008, he possessed membership or equity interests in various business entities, including: Hickory Ridge, LLC; Vanwood, LLC; Leisure Living, LLC; Norwood, Inc.; VAC, LLC; and Topaz, LLC.
While in charge of his personal Chapter 11 bankruptcy estate, Mr. Van Wagner was involved in four adversary proceedings. First, Mr. Van Wagner sued his brother, Paul Van Wagner, and Berkeley Plaza, LLC, in a case styled Van Wagner v. Van Wagner, No. 08-ap-55. Among other things, Mr. Van Wagner alleged that an earlier transfer of his 33% interest in Berkeley Plaza to his brother was fraudulent because the transfer was for $25,000 and the value of the 33% interest was $500,000.
Second, in DeLage Landen Financial Services, Inc. v. George Van Wagner, No. 08-ap-73, DeLage Landen sought a determination that Mr. Van Wagner had forged signatures and incurred debt on behalf of certain business entities without authority. As a result, DeLage Landen requested that certain amounts owed to it be excepted under 11 U.S.C. § 523(a)(2)(A) from any discharge that Mr. Van Wagner might obtain. Mr. Van Wagner then obtained permission of the court to implead third party defendants, PVW Enterprises, LLC, Paul Van Wagner, and King Metro Rentals, Inc., on the grounds that those parties — not himself — were liable for any damages owed to DeLage Landen.
Third, in Van Wagner v. Quail Farm, LLC, No. 09-ap-47, Mr. Van Wagner sued Quail Farm, King Metro Rentals, Inc., and Paul Van Wagner on the grounds that he and Paul Van Wagner had a verbal contract to develop and build properties in Martinsburg, West Virginia. Among other things, Mr. Van Wagner alleged that Paul Van Wagner wrongfully took $1 million in company profits for his personal benefit.
Fourth, in Moler Custom Farming v. Van Wagner, No. 09-ap-66, Moler Custom Farming sought a determination that Mr. Van Wagner owed it $64,750 and that this amount should be excepted from Mr. Van Wagner's discharge based on his allegedly fraudulent conduct. In conjunction with this adversary proceeding, Mr. Van Wagner also sought permission from the court to add Paul Van Wagner and PVW Enterprises, LLC as third party defendants.
In addition to the above-four adversary proceedings, Mr. Van Wagner believes that he has litigious rights against a number of other entities and individuals. Among other rights, with regard to Mr. Van Wagner's equitable interest in Hickory Ridge, he alleges that a parcel of property that Hickory Ridge intended to convey was not actually included in the transfer, and, therefore, is still owned by Hickory Ridge. With regard to Mr. Van Wagner personally, he asserts that he has a second deed of trust that was to be subordinated to another lien interest, but the subordination was done incorrectly so that his second deed of trust retains a priority position. Moreover, Mr. Van Wagner believes that he has uncovered a conspiracy against himself, Vanwood, Hickory Ridge, and Leisure Living that entails various parties purposefully concealing assets, liabilities, and discrepancies in deeds, notes, and property boundaries. As a result, Mr. Van Wagner believes that he has causes of action to assert against Pill Pill, LLC; David Pill; Rapid Funding, LLC; Branch Bank Trust Co.;William Hallum; Rosenberg, Martin, and Greenberg, LLP; Kathy Santa Barbara; Santa Barbara Law Offices; Centra Bank; Robert Trumble; and McNeer, Highland, McMunn and Varner, PLLC.
These litigious rights are identified by Mr. Van Wagner in Document No. 637 in Case No. 08-435.
On July 1, 2009, Mr. Van Wagner converted his Chapter 11 case to one under Chapter 7. Thomas H. Fluharty was appointed as Mr. Van Wagner's Chapter 7 trustee. According to Mr. Van Wagner, he discussed his ownership interests in his various business entities with the Trustee at length, detailing the assets of the entities, their debts, and his litigious rights. On December 23, 2009, the Trustee sought to compromise Mr. Van Wagner's requests for relief in the four pending adversary proceedings. The Trustee agreed to accept $18,750 from Paul Van Wagner and his related companies in satisfaction of any claim asserted against them by Mr. Van Wagner.
Although Mr. Van Wagner was prepared to object to the motion to compromise, Mr. Van Wagner and the Trustee agreed that — in exchange for Mr. Van Wagner not opposing the motion to compromise — the Trustee would abandon certain property. Paragraph 7 of the motion to compromise states that the Trustee "will abandon any and all other causes of action which could be asserted by George Van Wagner, individually, against any party other than Paul Van Wagner, PVW Enterprises, King Metro Rentals or Quail Farms." (Case No. 08-435, Document No. 665, ¶ 7). By its terms, this language is limited to causes of action, not membership or equity interests in Mr. Van Wagner's business entities.
Branch Banking Trust Company ("BB T") filed a limited objection to the Trustee's motion to compromise on the grounds that the Trustee did not provide any information about the causes of action subject to a potential abandonment. Thus, the motion to compromise deprived creditors of the ability to determine exactly what claims the Trustee proposed to abandon, and whether the proposed abandonment met the standards set forth in 11 U.S.C. § 554. Mr. Van Wagner's schedules failed to identify any such causes of action, let alone value them.
At the January 14, 2010 hearing on the trustee's motion to compromise the four pending, unrelated adversary proceedings abandonment was discussed at length:
Mr. Fluharty: [Regarding Mr. Van Wagner's rights concerning errors or omissions in the transfer and subordination documentation] I believe that if there were errors submitted, that the damages were of inconsequential value, were de minimus. Any error that occurred in closing documents or the terms of the deed of trust seems like it could have been cured by a complaint to quiet title. . . . I filed my motion to settle [the four adversary proceedings] and excluded or put in some general language about excluding other causes of action which could be asserted by George Van Wagner, individually.
. . .
Mr. Hallum: I termed it a "limited objection," because I think in effect, the Trustee's motion is really two motions. There is a motion for authority to compromise specific identified claims for $18,500. And the Bank has no objection to that as a motion . . . but then as part of the same motion, there is also a question of authority to abandon claims against everybody in the world, other than the named parties from whom the Trustee is to receive the $18,500, and that's the part we object to. . . . [T]he Trustee . . . has actually asked for affirmative authority to abandon all claims that Mr. Van Wagner has against everybody, except for Paul Van Wagner, PVW Enterprises, Metro Rentals, and Quail Farm. So if the motion is actually granted and Mr. Van Wagner sues me, the bank, Mr. Trumble, or anyone else, he will be able to say the Bankruptcy Court has given its blessing for these claims to come back to me, and for me to do with as I please. . . . Section 554 authorizes abandonment, "after notice and a hearing," of property that is burdensome to the estate or that is of no consequential value and benefit to the estate. . . . So I think th[at] . . . code section requires the Court to find, No. 1, under the circumstances, parties have been given sufficient notice of what it is the Trustee is proposing to abandon, and why is it he is proposing to abandon it. And secondly, that Court has to make a finding that whatever is being sought to be abandoned is, in fact, burdensome or of inconsequential value to the estate. . . . Before today, there was no way for anyone to know that.
. . . .
[Recess taken and discussion held off the record]
Mr. Fluharty: Mr. Hallum and I have spoken. . . . Mr. Van Wagner brought to me a variety of documents. . . . I have reviewed those documents. And I can't see, from those documents, that there was . . . an issue that I could raise, as a Trustee, against anyone. If there was an issue, it was so slight, that the damages would be inconsequential. Because of that, it's my opinion that any claim against any of these entities or individuals is burdensome to the estate or of inconsequential value.
. . .
Mr. Hallum: . . . [I]f the Court believes that there is a sufficient basis for a finding that the claims against those named parties are burdensome, of inconsequential value, if the Court's granting the motion says the Court has so found, that's fine.
. . .
The Court: Mr. Van Wagner, what the Trustee is proposing to do here . . . [i]n addition to resolving the four items that are specifically in the motion to approve settlement agreement, the Trustee is also seeking to abandon any and all claims of the estate. . . . What is being made clear here today is that abandonment is going to relate to the allegations that you have recently made in the motion to dismiss, which was later withdrawn, and you may have made in related cases in which you are involved, directly or indirectly, but the net effect is what the Trustee is indicating is that after his investigation of those potential claims, in his judgement, as Trustee, he does not believe that there is any value to the estate. [W]hat he is seeking, under Section 554 of the Bankruptcy Code, is to abandon them as inconsequential or burdensome to the estate. Now the net effect of that would be, if there is any follow-on litigation, that it would be clear that the estate is not going to have an interest in those matters and will not be a party. . . .
Mr. Van Wagner: I just want to make sure I understand that I have not lost any rights to pursue those claims, if there is a claim there.
The Court: At least you have not, by virtue of the estate abandoning any interest. . . .
. . .
Mr. Van Wagner: He is abandoning all these claims, leaving them open. So what he has moved for, is moved for this motion to be approved as its written up?
The Court:. . . . That was in Paragraph 7 of the motion to compromise. . . . Is it also embodied in the settlement agreement itself?
Mr. Fluharty: No, Your Honor, but it would be — the parties mentioned it in the motion — claims against them.
The Court: All right, so the only change, so to speak, is that in Paragraph 7 of the motion to approve the settlement here today, in which the Trustee indicates that he is going to abandon any and all other causes of action which could be asserted against the parties which are directly a part of the settlement agreement, he is also abandoning any other claims that the estate may have, including, for instance, those parties that you have identified in Docket No. 637, your motion to dismiss this Chapter 7 proceeding.
Mr. Van Wagner: So he is abandoning all the claims?
The Court: That's correct.
. . .
What is being specifically identified at the request of the parties or the request of BB T, and as detailed here by the Trustee, is that included in all those other claims that are being abandoned are those claims, specifically, that — at least claims and parties that may be relevant to causes of action related to entities and individuals identified in Item No. 637 in your motion to dismiss.
Mr. Van Wagner:. . . . [S]o if I find something later on, I am able to bring that in another court.
The Court: That is correct.
. . .
The Court:. . . . I'm going to approve the motion to compromise, or grant the motion to compromise, and I will approve the settlement agreement as tendered to the Court.
(Exhibit 1.)
After the January 14, 2010 hearing, the court entered an order, prepared by the Trustee, on February 3, 2010, that granted the Trustee's motion to compromise:
The Court being of the opinion that the Motion to Compromise and Approve Settlement Agreement should be granted, it is accordingly ADJUDGED, ORDERED and DECREED that the Trustee be and is hereby authorized to execute the settlement and release attached to the Motion. . . .
(Document No. 684).
Nothing in the court's order mentioned any abandonment by the Trustee, or specifically adjudicated the limited objection to the Motion to Compromise filed by BB T. Nothing in the Trustee's settlement agreement mentioned any abandonment of unrelated claims.
During a February 22, 2010 telephonic hearing on an unrelated motion for relief from the automatic stay filed by Jefferson Security Bank, Mr. Van Wagner asserted that the Trustee told him that he was going to abandon — in addition to his legal claims — all of his LLCs and their properties to Mr. Van Wagner. At the February 22nd hearing, the Trustee told the court that none of Mr. Van Wagner's LLC interests had any value to the estate, except for Eagle Properties.
Following the January 14, 2010 hearing, no order of abandonment was tendered to the court by any party. On March 22, 2010, Mr. Van Wagner filed his Request for Order for Partial Abandonment be Put in Bankruptcy Record, wherein Mr. Van Wagner requested that the court enter an order reflecting that the Trustee had already abandoned all of the property of his bankruptcy estate except for Eagle Properties, LLC. On April 30, 2010, Mr. Van Wager filed his Motion to Release Equity Security Interests in Debtor's LLCs, wherein he argued that the court's February 3, 2010 Order approving the settlement effectively abandoned any interest his Trustee had in his limited liability companies. Both motions came before the court on May 3, 2010, at which time the Trustee stated that he would formally file a notice of abandonment such that all parties could be made aware of exactly what was proposed to be abandoned by him.
On May 6, 2010, the Trustee filed his Notice of Intent to Abandon Property, in which he specifically identified Mr. Van Wagner's equity ownership interests in six different business entities and "malpractice or related actions which could be asserted by the debtor against certain law firms, namely Pill Pill; Rosenberg, Martin, Green, LLC; and McNeer Highland, McMunn Varner." (Document No. 757). BB T objected to the Trustee's Notice of Intent to Abandon, as did Mr. Van Wagner — on the grounds that the Notice was unnecessary given that the property identified therein had already been abandoned by the Trustee.
At the June 24, 2010 hearing on the Trustee's Notice of Intent to Abandon, BB T made an offer to the Trustee to settle any and all claims against it for an unspecified amount of money. Subsequently, the Trustee withdrew his Notice of Intent to Abandon and now seeks to enter compromise agreements with BB T and other parties facing potential litigation by Mr. Van Wagner should his alleged litigation rights against them be abandoned by the Trustee.
The June 24, 2010 hearing Mr. Van Wagner requested 30 days to acquire an attorney. The court granted this request, and an evidentiary hearing on the issue of abandonment was set for September 2, 2010. The September 2, 2010 hearing was rescheduled for October 8, 2010, due to Mr. Van Wagner's illness.
II. DISCUSSION
In Mr. Van Wagner's "Motion to Sustain Determinations from the January 14, 2010 Hearing," he alleges that the Trustee was without authority to file his now withdrawn Notice of Intent to Abandon, and that all assets of his bankruptcy estate that had not been administered as of January 14, 2010, were abandoned to him as a result of the court's approval, on February 3, 2010, of the Trustee's motion to compromise, which in ¶ 7, stated that the Trustee "will abandon any and all other causes of action which could be asserted by George Van Wagner, individually, against any party other than Paul Van Wagner, PVW Enterprises, King Metro Rentals, or Quail Farms." Mr. Van Wagner also relies on statements made by the court at the hearing on the motion to compromise that indicated that the Trustee was actually abandoning those claims.
Pursuant to 11 U.S.C. § 554(a), "[a]fter notice and a hearing, the trustee may abandon any property of the estate that is burdensome to the estate or that is of inconsequential value and benefit to the estate." The phrase "after notice and a hearing" is a term of art, defined in § 102(1) to mean that the court has authority to "act without an actual hearing if such notice is given properly and if — (i) such a hearing is not requested timely by a party in interest." The method for giving proper notice of a trustee's proposed abandonment of estate property is governed by the Bankruptcy Rules:
[T]he trustee . . . shall give notice of a proposed abandonment or disposition of property to the United States trustee, all creditors, indenture trustees, and committees. . . . A party in interest may file and serve an objection within 14 days of the mailing of the notice, or within the time fixed by the court. If a timely objection is made, the court shall set a hearing on notice to the United State trustee and to other entities as the court may direct.
Rule 6007 is the exclusive method by which property may be abandoned — other than property deemed abandoned under 11 U.S.C. § 554(c) on the closing of a bankruptcy case. E.g., Turner v. Cook, 362 F.3d 1219, 1225-26 (9th Cir. 2004) (abandonment not effective unless the trustee gives formal notice to all creditors under Rule 6007); Wissman v. Pittsburgh Nat'l Bank, 942 F.2d 867, 872 (4th Cir. 1991) (stating that there should be a formal abandonment of the estate's interest in a lawsuit before it is pursued by the debtor); Steyr-Daimler-Puch of America Corp. v. Pappas, 852 F.2d 132, 136 (4th Cir. 1988) ("[B]efore the debtor or a creditor may pursue a claim, there must be a judicial determination that the trustee in bankruptcy has abandoned the claim."); 10 Collier on Bankruptcy ¶ 6007.02[1][d] (Alan N. Resnick Henry J. Sommer, eds. 15th ed. rev. 2010) ("Informal or constructive abandonment is not effective."). Rule 6007(a) does not specify the form of the notice required to effect an abandonment. Thus, as stated in 10 Collier on Bankruptcy ¶ 6007.03, "if the matter is of sufficient importance, a preliminary motion to the court to approve the form of notice and manner of service may be appropriate." Proper notice is important because it is "[a]n elementary and fundamental requirement of due process in any proceeding which is to be accorded finality [that notice be] reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections." Mullane v. Cent. Hanover Bank Trust Co., 339 U.S. 306, 314 (1950).
In addition to identifying the proper parties to receive notice of a proposed abandonment under Rule 6007(a), the notice must be specific as to the property to be abandoned. E.g., In re Killebrew, 888 F.2d 1516, 1523 (5th Cir. 1989) (holding that vague terms would not have placed parties interested in a particular piece of property on notice that they would need to file objections to the proposed abandonment in order to obtain a court hearing); In re FCX, Inc., 54 B.R. 833, 839 (Bankr. E.D.N.C. 1985) ("For a notice of abandonment . . . to be effective, it must identify the property to be abandoned."). Furthermore, the notice should contain a statement, pursuant to 11 U.S.C. § 554(a), that the property is either burdensome to the estate or of inconsequential value and benefit to the estate and provide the basis on which the trustee is making that determination. Finally, although no order is required to effect an uncontested abandonment, obtaining a court order approving the abandonment will establish a specific date on which the abandonment becomes effective, and definitively sets that time from which post-judgment relief may be obtained. See 10 Collier on Bankruptcy ¶ 6007.02 ("[T]he better procedure is to enter an uncontested order approving the abandonment. Uncontested orders are entered routinely in many bankruptcy matters and should not unduly tax the courts or practitioners. The use of an order will provide a specific date which will then establish when abandonment is effective. In addition, the entry of an order commences the period for seeking relief from orders under Rule 60, Federal Rules of Civil Procedure, as incorporated by Rule 9024.").
When a party in interest does file an objection to a notice of proposed abandonment, Fed.R.Bankr.P. 6007(a) states that "the court shall hold a hearing on notice to the United States trustee an to other entities as the court may direct." When an objection to a notice proceeding is filed, there must be a ruling and an order by the court.
In this case, the Trustee included language regarding his intention to abandon unspecified property in his "Motion to Compromise and Approve Settlement Agreement," which is a motion brought pursuant to Fed.R.Bankr.P. 9019. In proposing a Rule 9019 compromise, the Trustee is required to file a motion, give the debtor, the United States trustee, and all creditors, 21-days notice by mail of any hearing on the motion to compromise, and obtain court approval. Fed.R.Bankr.P. 2002(a)(3); 9019(a). A court reviews a trustee's Rule 9019 motion to compromise against "the outcome of four factors: (1) the probability of success in litigation; (2) the likely difficulties in collection; (3) the complexity of the litigation involved, and the expense, inconvenience and delay necessarily attending it; and (4) the paramount interest of the creditors." In re Buffalo Coal Co., No. 06-366, 2006 Bankr. LEXIS 3076 at *12 (Bankr. N.D.W. Va. Nov. 15, 2006) (citing Fry's Metals, Inc. v. Gibbons (In re RFE Industries, Inc.), 283 F.3d 159, 165 (3d Cir. 2003)). In noticing the hearing on the Motion to Compromise for January 14, 2010, the Bankruptcy Clerk stated:
Notice is hereby given that Thomas H. Fluharty, Trustee, has applied to the Court to have the Court approve the settlement agreement attached to the Trustee's Motion to Compromise for the sum of $18,750.
You are advised that this matter is set for a hearing on January 14, 2010 at 2:00 pm at the Multipurpose Courtroom, 1st Floor, U.S. Courthouse, 217 West King Street, Martinsburg, WV 25402.
For further information, you may contact the Trustee, Thomas H. Fluharty, at 408 Lee Avenue, Clarksburg, West Virginia. . . .
(Document No. 666).
Thus, the proposed settlement was noticed to parties in interest, but no separate notice was issued regarding any intention by the Trustee to abandon property.
Consequently, the parties in interest never received proper notice of any intent by the Trustee to abandon any property within the context of the Trustee's motion to settle for at least seven reasons. First, nothing in the caption of the Trustee "Motion to Compromise and Approve Settlement Agreement" would alert a party that the Trustee was also seeking to abandon unrelated litigious rights belonging to the bankruptcy estate. Second, even if a creditor read the motion to compromise, the creditor would have to identify ¶ 7 of the 10 paragraph motion, the language of which is wholly inconsistent with the other 9 paragraphs. Third, even if the language was recognized as an intent to abandon, the language forecasts an event to take place in the future: "The Trustee will abandon any and all other causes of action. . . ." Fourth, looking at the "Wherefore" clause of the motion, all the Trustee is requesting is that the court approve the "above-described compromise and settlement agreement and authorize the Trustee to execute the same and take such steps as may be necessary to effectuate the objects and purposes of this agreement." Fifth, nothing in the order approving the compromise mentions anything about the Trustee abandoning property of the estate. Sixth, by stating in ¶ 7 that the "Trustee will abandon any and all other causes of action which could be asserted by George Van Wagner, individually," the Trustee did not specifically identify what those other causes of action were, and, therefore, other parties would be at a loss to understand what exactly might be the object of the anticipated abandonment.
Seventh, and most importantly, notice of the hearing on the Motion to Compromise did not give parties in interest adequate notice that the Trustee would be seeking to abandon litigious rights. A review of the claim's register in Mr. Van Wagner's personal bankruptcy case shows that, to date, 64 proofs of claim have been filed for a total of $12,912,093.33. Of that amount $6,249,584.46 in claims are filed as unsecured. Ratifying an informal intent to abandon at the January 14, 2010 hearing would deprive these creditors of due process of law.
Moreover, apart from failing to identify the litigious rights subject to abandonment, the Trustee failed to provide adequate information regarding his determination as to why the unidentified causes of action were burdensome to the estate or of inconsequential value and benefit to the estate. Furthermore, even if the court were to construe ¶ 7 of the motion to compromise in isolation, and treat it as a proper notice of intent to abandon, BB T filed an objection to the abandonment, which would require the court to enter an order overruling or granting the objection. No such order was entered by the court.
Consequently, the court concludes that ¶ 7 of the Trustee's Motion to Compromise is not effective as a notice of intent to abandon under 11 U.S.C. § 554(a) or Rule 6007 because notice of the intent to abandon was improper. The Trustee did issue a notice of intent to abandon property on May 6, 2010, (subsequently withdrawn) wherein the property he seeks to abandon was more specifically identified.
After reviewing the transcript of the hearing conducted on January 14, 2010, the court fully understands and appreciates why Mr. Van Wagner believes an abandonment should be declared as of that date. Nevertheless, the court cannot ignore the fact that the record regarding abandonment is deficient for the reasons articulated. Thus, despite substantial discussion on the record regarding abandonment, the court is compelled to find that an abandonment was not achieved in the manner required by law and cannot be ratified as earnestly urged by Mr. Van Wagner.
III. CONCLUSION
For the above stated reasons, the court finds that the Trustee did not abandon "any and all other causes of action which could be asserted by George Van Wagner, individually, against any party other than Paul Van Wagner, PVW Enterprises, King Metro Rentals or Quail Farms," as of the January 14, 2010 hearing on the Trustee's Motion to Compromise, or as of February 3, 2010, the date the court entered the order approving of the Trustee's proposed settlement.
The court will enter a separate order that (1) declares ¶ 7 of the Motion to Comprise an ineffectual attempt at abandonment, (2) grants the Objection of BB T to Motion to Sustain Determinations from the January 14, 2010 Hearing, and (3) denies the Debtor's Motion to Sustain Determinations from the January 14, 2010 Hearing.
Notice Recipients Recipients of Notice of Electronic Filing: Recipients submitted to the BNC (Bankruptcy Noticing Center):
District/Off: 0424-3 User: lmc Date Created: 11/22/2010 Case: 3:08-bk-00435 Form ID: pdfdoc Total: 181 ust United States Trustee ustpregion04.ct.ecf@usdoj.gov tr Thomas H. Fluharty wv12@ecfcbis.com aty Andrea K. Reynolds andreakreynolds@verizon.net aty Christopher C. Luttrell luttrell@luttrellprezioso.com aty Christopher R. Arthur carthur@siwpc.com aty Debra A. Wertman debra.a.wertman@usdoj.gov aty Douglas A. Kilmer douglas.a.kilmer@usdoj.gov aty Fabio Crichigno fcrichigno@siwpc.com aty Gregory A. Stout loubknotices@mapother-atty.com aty Joe M. Lozano jmlc@bkcylaw.com aty Kathy M. Santa Barbara ksantabarbara@yahoo.com aty Kirk H. Bottner dcarroll@bottnerskillman.com aty Lureece D. Lewis bkmail@prommis.com aty Matthew Dyer ecfmail@aclawllp.com aty Nathan H. Wasser nwasser@wasserlawfirm.com aty Roger Schlossberg BKcreditor@schlosslaw.com aty Sarah Crichigno scrichigno@siwpc.com aty Tammy R. Harvey tharvey@fsblaw.com aty Thomas H. Fluharty wv12@ecfcbis.com aty Thomas L. Canary, Jr. loubknotices@mapother-atty.com aty Timothy J. Amos timamos@goldenamos.com aty William L. Hallam WHallam@rosenbergmartin.com TOTAL: 22 db George Van Wagner Post Office Box 867 Martinsburg, WV 25402 cr EMC Mortgage Corporation P.O. Box 293150 Lewisville, TX 75029-3150 cr MERS., Inc., Encore Credit Corporation Carrington Mortgage Services, Inc. Malcolm Cisneros 2112 Business Center Dr., 2nd FL Irvine, CA 92612 cr Americas Servicing Company McCalla, Raymer, et al. Bankruptcy Department 1544 Old Alabama Road Roswell, GA 30076 cr HSBC Mortgage Services P.O. BOX 21188 Eagan, MN 55121-4201 r Julie Arrowood Keller Williams Realty, LLC 815 W. King Street Martinsburg, WV 25401 intp Raymond DePasquale 1 Reagan Drive Jackson, NJ 08527 cr Wells Fargo Bank, N.A. McCalla, Raymer, et al. Bankruptcy Department 1544 Old Alabama Road Roswell, GA 30076 cr Branch Banking Trust Company c/o William L. Hallam, Esq. Rosenberg Martin Greenberg LLP 25 South Charles Street, Suite 2115 Baltimore, MD 21201 cr First United Bank and Trust PO Box 9 Oakland, MD 21550-0009 cr Kubota Credit Corporation, U.S.A. PO Box 829009 Dallas, TX 75382 cr De Lage Landen Financial Services, Inc. c/o Tydings Rosenberg, LLP 100 East Pratt Street, 26th Floor Baltimore, MD 21202 cr National City Mortgage Co. 3232 Newmark Drive Attention: Bankruptcy Department Miamisburg, OH 45342 intp Paul Van Wagner 14512 Faraday Drive Rockville, MD 20853 cr Moler Custom Farming d/b/a Moler Excavating P.O. Box 870 Harpers Ferry, WV 25425 cr Tilhance Farms Homeowner's Association Betty Kreinik, President PO Box 1126 Hedgesville, WV 25427-1126 cr National City Mortgage, a division of National City Bank National City Mortgage 3232 Newmark Drive Attn: Bankruptcy Department Miamisburg, OH 45342 cr Jefferson Security Bank P.O. Box 35 Shepherdstown, WV 25443 cr Roger Patrick Kyle M Pulse Exec for Estate of Roger Patrick 473 Three Run Road Bunker Hill, WV 25413 tr Robert W. Trumble 275 Aikens Center P.O. Box 2509 Martinsburg, WV 25402 atytr Thomas H. Fluharty 408 Lee Avenue Clarksburg, WV 26301 aty Alan M. Grochal Tydings and Rosenberg LLP 100 East Pratt Street 26th Floor Baltimore, MD 21202 aty Alan W. Brick Kaufmann Brick 10460 North Street, Suite A Fairfax, VA 22030 aty Michael Adam Casto WV State Tax Department P.O. Box 766 Charleston, WV 25323-0766 aty R. Vance Golden III 543 Fifth Avenue; P.O. Box 81 Parkersburg, WV 26102 aty Robert D. Aitcheson Post Office Box 750 Charles Town, WV 25414 aty Tracey A. Rohrbaugh Bowles Rice McDavid Graff and Love LLP P.O. Drawer 1419 Martinsburg, WV 25402 aty William G. Malcolm Malcolm Cisneros 2112 Business Center Drive, 2nd Floor Irvine, CA 92612 1152667 Advanta Business Cards PO Box 844 Spring Hpuse, PA 19477 1152650 Airr Photography 2115 Kelly Island Rd. Martinsburg, WV 25405 1062016 America Servicing Co P.O. Box 10388 Des Moines IA 50306 1083221 America's Servicing Company P.O. Box 10388 Des Moines IA 50306 1062027 American General 281 Aikens CTR Martinsburg WV 25404 1152682 Antonio Tamara, MD PO Box 1259 De t. 12867 Oaks, PA 19456 1152674 Arden Equipment 3116 Tabler Station Rd. Martinsburg, WV 25403 1152651 Atlanta Equipment PO Box 8390 Metaririe LA 70011 1062709 Atty General Of WV BLDG 1 E-26 Ground Floor Main Unit Capitol Building Charleston WV 25301 1062010 BB and T P.O. Box 2306 Wilson NC 27894 1062024 BB and T P.O. Box 698 Wilson NC 27894 1086360 BBTFinancial, FSB P.O. Box 2306 Wilson NC 27894 1063922 Barclay's Bank Delaware PO Box 8828 Wilmington, DE 19899 1152863 Booth McCarthy collecting PO Box 4669 Bridgeport WV 26330 1086240 Branch Banking Trust Company P.O. Box 698 Wilson NC 27894 1152869 Brian J. Ferber 5611 Fallbrook Ave Woodland Hills CA 91367-4243 1152652 C R Semler 11664 Mapleville Rd Smithsburg, MD 21783 1063303 CAPITAL ONE BANK (USA), N.A. C/O TSYS DEBT MANAGEMENT (TDM) PO BOX 5155 NORCROSS, GA 30091 1152873 CCA collecting 700 Longwater Dr. Norwell MA 02061 1062014 CMS LLC P.O. Box 79001 Phoenix AZ 85062 1152654 CNH Capital, LLC PO Box 1976 Southgate MI 48195 1152874 CRG collecting PO Box 5489 Slidell LA 70469 1062031 Capital One P.O. Box 30285 Salt Lake City UT 84130 1069355 Chase Bank USA, N.A. co Creditors Bankruptcy Service PO Box 740933 Dallas, TX 75374 1067945 Chase Bank USA, NA PO BOX 15145 Wilmington, DE 19850-5145 1152653 Cintas 11800 Upper Potomac Ind. PK. Cumberland, MD 21502 1063920 Circuit Court of Berkeley County 380 W. South St. Martinsburg, WV 25401 1062020 Citifinancial P.O. Box 22060 Tempe AZ 85285 1062028 City Hospital P.O. Box 2869 Martinsburg WV 25402 1152675 City Hospital PO Box 2869 Martinsburg, WV 25402 1152666 City of Martinsburg water PO Box 828 Martinsburg, WV 25402 1152655 Colliflower Hydralics PO Box 15630 Dept 23 Wilmington DE 19850 1064568 Davenport Insulation 360 Tyson Dr Winchester, VA 22603 1063921 Davenport Insulation of Winchester co Ashley R Shreve, Esq. PO Box 2509 Martinsburg, WV 25402 1086435 De Lage Landen Financial Services, Inc. c/o Kathy M. Santa Barbara, Esq. Santa Barbara Law Offices, PLLC 518 W. Stephen Street Martinsburg, WV 25401 1152656 Direct TV PO Box 1 1732 Newark, NJ 07101 1152683 Dr. Townsend, DDS 2007 Professional Ct. Martinsburg, WV 25401 1062013 EMC Mortgage Corp. P.O. Box 293150 Lewisville TX 75029 1062037 Eagle Properties LLC P.O. Box 867 Martinsburg WV 25402 1152657 Essroc 1826 S. Queen Street Martinsburg WV 25401 1162089 Fed Ex Revenue Dept. 3965 Airways Blvd. Module G4 Memphis, TN 38116 1066495 First Equity Card co Creditors Bankruptcy Service PO Box 740933 Dallas TX 75374 1152658 First Equity Card Corp. PO Box 23029 Columbus, GA 31902 1062008 First United Bank P.O. Box 636 Oakland MD 21550 1069185 First United Bank and Trust P.O. Box 9 Oakland, MD 21550-0009 1152676 Fleet Advantage Card PO Box 6293 Carol Stream IL 601197 1152866 Focus Receivables collects 1130 Northchase Prky Marietta GA 30067 1158911 GE Capital Financial 10965 Decatur Road Philadelphia PA 19154 1152660 GE Capital Financial Lowes BRC 10965 Decatur Road Philadelphia PA 19154 1064587 GE Consumer Finance For GE Money Bank dba PEACH DIRECT PO Box 960061 Orlando FL 32896-0661 1062019 GE Money Bank P.O. Box 960061 Orlando FL 32896 1152661 GEHL Finance BIN 88512 Milwaukee, WI 53288 1152668 GM Business card PO Box 15153 Wilmington, DE 19886 1062009 GMAC P.O. Box 380901 Bloomington MN 55438 1123923 GMAC PO BOX 9001719 LOUISVILLE KY 40290 1064790 GMAC PO Box 130424 Roseville, MN 55113 1115987 GMAC Mortgage Payment Processing Post Office Box 780 Waterloo IA 50704-0780 1152678 GVW/Norwood Alliance One 4850 St Rd Ste 300 Trevose, PA 19053 1152669 Great American Leasing 625 1st Street SE Ste 1800 Cedar Rapids IA 52401 1152662 HD Waterworks PO Box 91036 Chicago, IL 60693 1062017 HSBC P.O. Box 37282 Baltimore MD 21297 1063670 HSBC Mortgage Services 636 Grand Regency Boulevard Brandon, FL 33510 1063669 HSBC Mortgage Services P.O. Box 21188 Eagan, MN 55121-4201 1062035 Hickory Ridge LLC P.O. Box 867 Martinsburg WV 25402 1062004 IRS Post Office Box 21126 Philadelphia PA 19114 1062021 JC Penney P.O. Box 981131 El Paso TX 79998 1086436 James and Betty Crites c/o Kathy M. Santa Barbara, Esq. Santa Barbara Law Offices, PLLC 518 W. Stephen Street Martinsburg, WV 25401 1062018 Jefferson Security Bank P.O. Box 35 Shepherdstown WV 25443 1152670 John Deere PO Box 6600 Johnston, IA 50131 1152679 Juniper Master Card PO Box 13337 Philadel hia, PA 19101 1152663 Key Equipment 11030 Circle Pt. Dr. Ste 200 Westminster CO 80020 1086392 King Metro Rentals, Inc. c/o Luttrell Prezioso, PLLC 206 West Burke Street Martinsburg, WV 25401 1062023 King Size P.O. Box 182273 Columbus OH 43218 1062022 Kohls P.O. Box 3043 Milwaukee WI 53201 1226711 Kramer Assoc. PO Box 500 Westwood NJ 07675 1062011 Kubota 1175 S Guild Avenue Lodi CA 95240 1064600 Kubota Credit Corporation 1025 Northbrook Parkway Suwanee, GA 30024 1152671 Lavelle Assoc. 5732 Industry Lane Frederick, MD 21704 1063327 MERS., Inc. Encore Credit Corporation Carrington Mortgage Services, LLC 1610 East Saint Andrew Place, Ste B-150 Santa Ana, CA 92705 1152872 Martin Seibert LC collects PO Box 1085 Martinsburg WV 25402 1152639 Martinsburg Concrete PO Box 2340 Martinsburg, WV 25402 1152640 Maxlock Locksmith 45 Meadow Lane Martinsburg, WV 25404 1151582 Mid South Building Supply co Alan Brick Esquire Kaufmann and Brick 10450 North Street STE A Fairfax VA 22030-2589 1069678 Mid South Building Supply Inc. c/o Alan W. Brick, Esq. Kaufmann Brick 10450 North Street STE A Fairfax VA 22030-2589 1085895 Moler Custom Farming d/b/a Moler Excavating P.O. Box 870 Harpers Ferry, WV 25425 1063324 Mortgage Electronic Registration System ATTN: Bankruptcy Department P.O. Box 293150 Lewisville, TX 75029-3150 1063333 Mortgage Electronic Registration System Inc ATTN: Bankruptcy Department P.O. Box 293150 Lewisville, TX 75029-3150 1152867 NCO collecting 507 Prudential Rd. Horsham PA 19044 1062012 National City Mortgage P.O. Box 1820 Dayton OH 45401 1064584 National City Mortgage Co. 3232 Newmark Dr. Miamisburg, OH 45342 1152868 Nelson Michael collecting PO Box 59 Keyser WV 26726 1152871 Norman Assoc. collects 1350 Union Hill Rd. Ste. A Alpharetta GA 30004 1097411 P. C. DiMagno co Paul G. Taylor 134 W. Burke Street Martinsburg, WV 25401 1086391 PVW Enterprises, LLC c/o Luttrell Prezioso, PLLC 206 West Burke Street Martinsburg, WV 25401 1086390 Paul Van Wagner c/o Luttrell Prezioso, PLLC 206 West Burke St Martinsburg, WV 25401 1069365 Portfolio Recovery Associates, LLC POB 41067 Norfolk, VA 23541 1069363 Portfolio Recovery Associates, LLC. PO Box 12914 NORFOLK VA 23541 1086361 Portrait Homes-Brook Meadow, LLC 535 Plainfield Rd Ste B Willowbrook IL 80327 1152641 Potomac Construction PO Box 768 Martinsburg, WV 25402 1086149 Recovery Management Systems Corporation For GE Money Bank dba JCPENNEY CREDIT SERVICES 25 SE 2nd Ave Ste 1120 Miami FL 33131 1161958 Roger Patrick co Tracey Rohrbaugh Esq. PO Box 1419 Martinsburg WV 25402 1076589 Roger Patrick, Sr. Kyle M. Pulse, Executor for Estate of Roger Patrick 473 Three Run Road Bunker Hill, WV 25413 1152865 Rouch-Milliken Intrn. Collects PO Box 8390 Metaririe LA 70011 1062005 Secretary Of The Treasury 15th St Pennsylvania Avenue Washington DC 20220 1063923 Sherwin Williams 518 Hendrick Ave. Martinsburg, WV 25401 1152642 Sherwin Williams 518 Hendrick Avenue Martinsburg WV 25401 1152862 Silver and Assoc. collecting 1540 E. Dundee Rd. Ste. 160 Palatine IL 60074 1152643 Sirbaugh HVAC 1647 Hidden Hollow Drive Kearneysville WV 25430 1152644 Snyder Enviromental 270 Industrial Blvd. Kearneysville, WV 25430 1152645 South Berkeley Wrecker srv 209 Kelly Island Rd. Martinsburg, WV 25401 1232777 Steve Crites 501 Ropp Drive Martinsburg WV 25403-1532 1152646 Stuart M. Perry 1 17 Limestone Lane Winchester, VA 22602 1223249 The Estate of Roger Patrick c/o Kathy Santa Barbara, Esq. 518 W. Stephen Street Martinburg WV 1152647 Tri County Rentals 1730 Winchester Ave Martinsburg, WV 25405 1152673 Triad Engineering 200 Aviation Dr Winchester, VA 22602 1152648 US Cellular 4700 S. Garnett Road Tulsa OK 74146 1156280 US Trustee 300 Virginia St. East, Room 2025 Charleston, WV 25301 1062036 VAC LLC P.O. Box 867 Martinsburg WV 25402 1152861 Valley Credit Service collecting PO Box 2162 Hagerstown MD 21742 1152684 Verizon PO Box 660720 Dallas, TX 75266 1062710 WV Bureau of Employment Legal Services Div-Bankruptcy Post Office Box 2027 Charleston WV 25327-2027 1062006 WV Dept of Tax Revenue Bankruptcy Unit Post Office Box 766 Charleston WV 25323-0766 1062015 Wells Fargo P.O. Box 14411 Des Moines IA 50306 1068085 Wells Fargo Bank, N.A. Bankruptcy Department 3476 Stateview Boulevard X7801-014 Ft. Mill, SC 29715 1152685 Wesffield Insurance PO Box 5001 Westfield Center, OH 44251 1062007 West Virginia Insurance Commission Legal Division Post Office Box 50540 Charleston WV 25305-0540 1152664 Wild Blue Ste. 300 5970 Greenwood Plaza Blvd Greenwood Village, CO 80111 1152665 Winchester Medical Center 1840 Amherst Street Winchester VA 1152649 Winchester Metals 195 Ebert Road Winchester VA 22603 1062033 Winchester Storage LLC P.O. Box 867 Martinsburg WV 25402 1152870 Zwicker Assoc. 80 Minuteman Rd. Andover MA 01810 TOTAL: 159