Beruflich Dokumente
Kultur Dokumente
Doc 812 Filed 04/30/12 Entered 04/30/12 16:05:51 Main Document Page 1 of 23
Desc
Telephone:
Facsimile:
(805)654-2185
(805)654-2592
5 E-mail:
john.polich@ventura.org
9 10
11
In re:
12
WESTCLIFF MEDICAL
13 LABORATORIES, INC.,
) ) )
)
14
15
16 BIOLABS, INC.,
17
Debtor.
) ) )
) ) )
Debtor. )
18
19
20
}
)
I
Time:
Hearing Date:
Courtroom:
5/30/12
5B
10:00 a.m.
21
INTRODUCTION
22
23 "Debtors"), have filed a Sixth Omnibus Objection to Claims (Tax Claims) ("Objection")
26 Objection is that some of the delinquent taxes referenced in the claims relate to tax years
27 that commenced after Debtors sold their property (Objection, 12:16-13:12). Ventura
28 County agrees that some of the delinquent taxes should not have been assessed to
1
Case 8:10-bk-16743-TA
Doc 812 Filed 04/30/12 Entered 04/30/12 16:05:51 Main Document Page 2 of 23
Desc
1 Debtors. However, the Objection overstates the amount of claimed taxes and penalties
2
3
4
5
6
2. Ventura County filed two claims for delinquent personal property taxes in these
8 proceedings. Claim No. 208 asserted a priority unsecured claim for $2,298.84 in
9 delinquent property taxes and penalties, including $826.40 in taxes and penalties assessed
10 to Debtors for the tax year beginning July 1,2010, and ending June 30,2011. (See Claim 11 No. 208, attached hereto as Exhibit 1.) Claim No. 243 asserted an administrative claim
12 for delinquent property taxes and penalties assessed to Debtors for the tax year beginning 13 July 1, 2011, and ending June 30, 2012. (See claim No. 243, attached hereto as
14 Exhibit 2.)
15
3. In their Objection, Debtors suggest that claim No. 208 should be disallowed in
16 the amount of the $826.40 assessed to Debtors for the tax year beginning July 1, 2010, on
17 the grounds that Debtors soldthe assessed property effective June 16,2010. (Objection,
18 12:25-13:1.) However, this analysis ignores California law that establishes the date for
19 determining the ownership of property for property tax purposes. Revenue and Taxation
20 Code section 405 provides that taxable property is assessed to the person who owns,
21 claims, possesses, or controls it as of the "lien date." (Rev. & Tax. Code, 405(a).) The
22 "lien date" for this purpose is January 1 of the tax year immediately preceding the tax year
23 for which the taxes are assessed. (Rev. & Tax. Code, 2192.) Accordingly, because
24 Debtors owned property in Ventura County as of January 1, 2010, taxes on the property
25 for the tax year commencing on July 1, 2010, were property assessed to Debtors.
26 4. Because Debtors no longer owned property in Ventura County on
27 January 1, 2011, they should not have been assessed property taxes for the tax year 28 commencing on July 1, 2011. Accordingly, Ventura County agrees with Debtors'
2 OPPOSITION OF CREDITOR VENTURA COUNTY TREASURER-TAX COLLECTOR TO MOTION TO
STRIKE OBJECTION
Case 8:10-bk-16743-TA
Doc 812 Filed 04/30/12 Entered 04/30/12 16:05:51 Main Document Page 3 of 23
Desc
Objection as it pertains to its claimNo. 243, and has withdrawn the claim. (See
Withdrawal of Claim, attached hereto as Exhibit 3.)
3
4 5
5. The Objection asserts, further, that some of the delinquentproperty taxes and
penalties referenced in Ventura County claim No. 208 (specifically, $1,472.44 in taxes
that came due in 2004 and 2006) should be treated as general unsecured claims.
6
7
(Objection, 13:2-9.) However, Ventura County has recorded tax liens for the applicable
amounts pursuant to Revenue and Taxation Code section 2191.3. (Exhibit 1, pp. 8, 12.)
By law, the liens have the effect of a judgment lien and remain in effect for 10 years from the date of recordation, until discharged or renewed. (Rev. & Tax. Code, 2191.4.)
8 9
10
Accordingly, the Ventura County claims were appropriately filed as priority claims.
Ill
11 12
13 14 15
RESERVATION OF RIGHTS
16
17 18 19 20
CONCLUSION
7. The Court should deny the Objection for the reasons stated above.
V
ADDITIONAL INFORMATION
21
22
23 24
25
26
27 28
///
///
Case 8:10-bk-16743-TA
Doc 812 Filed 04/30/12 Entered 04/30/12 16:05:51 Main Document Page 4 of 23
Desc
1 2
9. Person possessing ultimate authority to reconcile, settle or otherwise resolve the claim on behalf of Ventura County:
3
4
5
6
7
8
Dated:
Wjl
Bv ^v^ (?,^fi
JOHN E. POUCH
9
10
26 27 28
4
Case 8:10-bk-16743-TA
Doc 812 Filed 04/30/12 Entered 04/30/12 16:05:51 Main Document Page 5 of 23
Desc
EXHIBIT 1
Case 8:10-bk-16743-TA
B-10 (Official Form 10) (12/07)
Doc 812 Filed 04/30/12 Entered 04/30/12 16:05:51 Main Document Page 6 of 23
Desc
PROOF OF CLAIM
8:10-16743-RK
NOTE: Thisform should not beused tomake aclaim for an administrative expense arising after the commencement ofthe case. Arequestfor payment ofan
administrative expense maybefiled pursuant to 11 U.S.C. 503.
Ventura. CA 93009-1290
FILED
sfp 17 2010
__
CLERK U S BANKRUPTCY COURT /ENTRAL DISTRICT O*- CAUFORM~ gy Dc[".' '""'*'
(IfknoMv)
Telephone number:
(805) 654-3775
Filed on:
Name and address where payment should be sent (ifdifferent from arx ve):
O Check this box if you arc aware that anyone else has filed a proof of claim relatingto your claim Attach copy of statement giving particulars. O Check this box if you arc the debtor or trustee in this case
Telephone number:
t. Amount of Claim as of Date Case Filed:
2,235.84
Ifall orpart of your claim issecured, complete item 4 below; however, if all of your claim isunsecured, donot complete
item 4.
O^hcck this box ifclaim includes interest or other charges in addition to the principal amount ofclaim. Attach itemized
statement of interest or charges.
Specify the priority of the claim O Domesticsupportobligations under 11 U.S.C. 507(aXIXA) or (aXI XB).
3. Last four digits ofany number by which creditor Identifies debtor: Vanous-See Attached
3a. Debtor may have scheduled account as: Schedule F- $ 0.00
(Sec instruction 03a onreverse side.)
4. Secured Claim (See instruction #4 on reverseside.)
information.
Check the appropriate box ifyour claim issecured by alien on property or aright ofsetoff and provide the requested
Nature of propertyor right of setoff:
Describe:
n Real Estate
n Motor Vehicle
11 Other
Value of Propcrty:$_
D Up to $2,425* of deposits toward purchase, tease,or rental of property or services for personal, family, or
household use - 11 U.S.C 507 (aX7).
6. Credits: The amount ofall payments onthis claim has been credited for the purpose ofmaking this proofofclaim.
7. Documents: Attach redacted copies of any documents that support theclaim, such aspromissory notes, purchase orders, invoices, itemized statements of running accounts, contracts, judgments, mortgages, and security agreements
You may also attach asummary. Attach redacted copies ofdocuments providing evidence of perfection of asecurity interest. Youmay also attach asummary. (See definition of"redacted" on reverse side.)
DONOTSENDORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTKR
SCANNING.
2,298.84
*Amounts are subject to adjustment on 4/1/10 and every 3 years thereafterwith respect to cases commenced on or after
thedateofadjustment.
FOR COURT USE ONLY
Signature: The person filing this claim must sign it. Sign and print name and title, ifany, ofthe creditor or other pcrso/tiuithorizcd to file this claim and state address and telephone number ifdifferent from the notice
addrcss^ioye. Attach copyof power of attorney, if any.
eputy-jTax collector 6
Penaltyforpresentingfraudulent claim: Fine ofup to$500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. 152 and 3571.
DEBTOR NAME:
CASE NO:
8:10-16743-8K
PETITION DATE:
PRE-PETTTION DEBT
STATEMENT
SITUS
10.35 0.00
0.00 0.50
0
PARCEL/ACCT. 39
0
PROPERTY
YEAR
2006 2010
762.90 539.14 287.26
33.51 3.35
NUMBER
430421 403968
69.04 0.00 0.00
415774
TAX
10% MONTHLY MONTHS X DEFAULT COLLECTION PENALTY PENALTY IN DEFAULT MONTHS FEE
403.65 0.00 0.00
67
TOTAL
158.79
0.00 0.00
1,394.38
539.14
Case 8:10-bk-16743-TA
213-0-070-135/017 213-0-070-135/017
2010
287.26 33.50
7.70
78.06
693-0-140-065/182
$1.622.81 $7239
TOTAL
$437.15
$166.49
$2,298.84
Doc 812 Filed 04/30/12 Entered 04/30/12 16:05:51 Main Document Page 7 of 23
Desc
Case 8:10-bk-16743-TA
2006-2007
Doc 812 Filed 04/30/12 Entered 04/30/12 16:05:51 Main Document Page 8 of 23
Desc
UNSECURED TAXES
BILLED: 10/23/2006
TAX RATE AREA
ARC: 662251
STATEMENT NO
COUNTY OF VENTURA
TAX COLLECTOR 4304210
PARCEL OR ID NUMBER
ACCOUNT
03202
213-0-070-135
017
800 South Victoria Avenue, Ventura, CA 93009-1290 Office Hours: Monday - Friday 8:00 a.m. - 4:45 p.m.
DBA:
DESCRIPTION
0p PROPERTY
EFFECTIVE TAX YEAR DOES NOT RELIEVE THE OWNER OF RECORD (LISTED ABOVE) OFTHIS BILL.
DO NOT FORWARD THIS BILL TO THE NEW OWNER
! PROPERTYIS TAXEDAT 1% OF FULL CASHVALUE
i
!
AMOUNT
-I
JEFF TAX YEAR:
JPERREVENUE &TAX CODE
! 531.0 506 463 4.400
TYPE 90
690.41
2005
| LAND
I IMPROVEMENTS
I PERSONAL PROPERTY I TRADE FIXTURES
i
55.660
SEE ARC
I AIRCRAFT
I EXCEPTION
!
NET TAXABLE
60.060
TOTAL TAX DUE
762.90
DELINQUENT
TO DELINQUENT ACCOUNTS:
AFTER 12/31/2006-10% PENALTY
69.04
10.35
CLOSE OF BUSINESS
12/31/2006
AFTER 02/28/2007-1.5% PEN. PER MO.
AFTER 03/31/2007-23% COLL. FEE SENO THIS STUB WITH YOUR PAYMENT DETACH ALONG DOTTED LINE
445.05
158.79
6904 22783
PARCEL OR ID NUMBER
ACCOUNT
STATEMENT NO
[_ 213-0- 070-135
017
4304210
_L
J&*&rfT
Make check payable to:
VENTURA COUNTY TAX COLLECTOR Please put Assessor's Parcel* on check
AFTER THE END OF SEP 2010CALL OUR OFFICE FOR THE CURRENT PAYOFF AMOUNT. ADDITIONAL PENALTIES WILL ATTACH TOTHE AMOUNT SHOWN. FAILURE TO PAY THECORRECT AMOUNT MAY RESULT IN THE RECORDING OF A TAX LIEN(R and T CODE 2191.3)
0M30MBlDllS310bDDDDDD7bSliD0QDDD0cl,:ID73ei3a07D135DDQ17M
Case 8:10-bk-16743-TA
Doc 812 Filed 04/30/12 Entered 04/30/12 16:05:51 Main Document Page 9 of 23
20080228-00031559-0
Desc
Pages: 1
Fee: 0
2/28/2008 4:50:00 PM
LAWRENCE L. MATHENEY
_ t
ueWi sani taxeSirS^^he rate of 1.5% on the 1st day nc%. If tbe last day of any month falls on Saturday, taches onVhe^next business day.
YEAR/lABCEL/ACCOUNT
-08
AMOUNT
213-0-070-135
017
03202
1001.73
f 1cfi*o, this Ilen has the force, effect and priority of a judgment 1len
re&nwill constitutes Hen upon all real and personal property owned
named assessee(s ) .
or hereafter acquired
LAWRENCE L. MATHENEY
Tax Cot lector
sC~J**~' S&y^00L*+**-i*S
lount on this lien!
Deputy
Case 8:10-bk-16743-TA
2010-2011
Doc 812 Filed 04/30/12 Entered 04/30/12 16:05:51 Main Document Page 10 of 23
Desc
UNSECURED TAXES
COUNTY OF VENTURA
TAX RATE AREA PARCELOR I O NUMBER j ACCOUNT
STATEMENT NO j
TAX COLLECTOR
03202
213-0-070-135
017
I 4039680 I
DBA:
DESCRIPTION
WESTCLIFF MED LABORATORIES INC 1821 E DYER RD 100 SANTA ANA CA 92705
OF PROPERTY
SALE OR DISPOSAL OF PROPERTY DESCRIBED ABOVE AFTER JANUARY 1, OF THE EFFECTIVE TAX YEAR DOES NOT RELIEVE THE OWNER OF RECORD (LISTED ABOVE) OFTHIS BILL.
DO NOT FORWARD THIS BILL TO THE NEW OWNER
PROPERTY S TAXED AT 1% OF FULLCASH VALUE PLUS VOTERS APPROVED BONO INDEBTEDNESS
TYPE FULL VALUE
SERVICE AGENCY
GOVERNED BY BOARD OF SUPERVISOR
AMOUNT
475.
1.000000
.029300 .010900 .013900 .004300
13. 5 6 2 36
LAND
; IMPROVEMENTS
; PERSONAL PROPERTY
8.500
.076637
j TRADE FIXTURES
!
39.000
! AIRCRAFT
!
I EXCEPTION
NET TAXABLE
47,500
TOTAL TAX DUE
53914
DELINQUENT
TO DELINQUENT ACCOUNTS:
CLOSE OF BUSINESS
08/31/2010
AFTER 08/31/2010-10% PENALTY AFTER 10/31/2010-1.5% PEN. PER MO. AFTER 11/30/2010-23% COLL. FEE
SEND THIS STUB WITH YOUR PAYMENT - DETACH ALONG DOTTED LINE
53.91 8.08 ,
8.08 |
124.00 j
5391 17791
PARCEL OR ID NUMBER
ACCOUNT
STATEMENT NO. I
213-0-070-135
017
4039680
JJXEUD-OPSEJ^OI0 .J59ZM
Make check payable to:
VENTURA COUNTY TAX COLLECTOR Please put Assessor's Parcel* on check
AFTER THE END OF SEP 2010 CALL OUR OFFICEFOR THECURRENT PAYOFF AMOUNT. ADDITIONAL PENALTIES WILL ATTACH TO THE AMOUNT SHOWN. FAILURE TO PAY THE CORRECT AMOUNT MAY RESULT IN THERECORDING OF A TAX LIEN(R and T CODE 2191.3)
bMOBibaDioaaiiooDQDDasaTmoQODQOs^aoseiBoaTOiasDDOiTB
Case 8:10-bk-16743-TA
2010-2011
Doc 812 Filed 04/30/12 Entered 04/30/12 16:05:51 Main Document Page 11 of 23
Desc
UNSECURED TAXES
COUNTY OF VENTURA
! TAX RATE AREA PARCEL OR 1.0 NUMBER
ACCOUNT
STATEMENT NO. j
TAX COLLECTOR
08018
526-0-170-010
011
i 4157740 !
OF PROPERTY
EFFECTIVE TAX YEAR DOES NOT RELIEVE THE OWNER OF RECORD (LISTED ABOVE) OF"THIS BILL.
DO NOT FORWARD THIS BILL TO THE NEW OWNER
PROPERTYISTAXEDAT 1* OF FULL CASHVALUE PLUSVOTERS APPROVEDBOND INDEBTEDNESS
TYPE
SERVICE AGENCY
GOVERNED BY BOARD OF SUPERVISOR
AMOUNT
|
i
FULL VALUE
LAND
PROP 13 MAXIMUM 1% TAX UNI SCH BD CONEJO VLY VTA COMM COLLEGE BD
METROPOLITAN WTR
275.00 I
7 ?fi !
3.82 i
1.18 I
IMPROVEMENTS
; PERSONAL PROPERTY
TRADE FIXTURES
27,500
i
i
1
i !
i AIRCRAFT
| EXCEPTION
j
i
|
27,500
|
!
! NET TAXABLE
287.26
i
i
j
i
L
DELINQUENT
CLOSE OF BUSINESS
08/31/2010
AFTER 08/31/2010-10% PENALTY AFTER 10/31/2010-1.5% PEN. PER MO. AFTER 11/30/2010-23% COLL FEE
SEND THIS STUB WIT H YOUR PAYMENT - DETACH ALONG DOTTED LINE
28.72 4.30
4.30 ! 66.06 j
2872
ACCOUNT
011
STATEMENT NO
9478
4157740
2010
AFTER THE END OF SEP 2010 CALL OUR OFFICE FOR THE CURRENT PAYOFF AMOUNT. ADDITIONAL PENALTIES WILL ATTACH TO THE AMOUNT SHOWN. FAILURE TO PAY THE CORRECT AMOUNT MAY RESULT IN THE RECORDING OF A TAX LIEN(R and T CODE 2191.3)
M415?7MDlQa311DD000Q0Efi7at.DDDG0D315,:lflS2bDl?0D10D0Dlll
10
Case 8:10-bk-16743-TA
2004-2005
Doc 812 Filed 04/30/12 Entered 04/30/12 16:05:51 Main Document Page 12 of 23
Desc
UNSECURED TAXES
COUNTY OF VENTURA
TAX RATE AREA
PARCEL OR ID NUMBER
ACCOUNT
STATEMENT NO
TAX COLLECTOR
08086
693-0-140-065
182
i ; 4230060
800 South Victoria Avenue, Ventura, CA 93009-1290 Office Hours: Monday - Friday 8:00 a.m. - 4:45 p.m.
DBA:
DESCRIPTION
OF PROPERTY
EFFECTIVE TAX YEAR DOES NOT RELIEVE THE OWNER OF RECORD (LISTED ABOVE) OFTHIS BILL.
DO NOT FORWARD THIS BILL TO THE NEW OWNER
PROPERTY IS TAXED AT 1% OF FULLCASH VALUE PLUS VOTERS APPROVED BONO INDEBTEDNESS
TYPE FULL VALUE SERVICE AGENCY
GOVERNED BY BOARD OF SUPERVISOR
RATEPER
$100
AMOUNT
AuruiMT
32.00
LAND
IMPROVEMENTS
AIRCRAFT EXCEPTION
NET TAXABLE
3,200
TOTAL TAX DUE
33.51
2004-2005
jSTATEMENT NC-j
4230060 j
^80tf6~
AFTER THE END OF SEP 2010 CALLOUR OFFICE FORTHE CURRENT PAYOFF AMOUNT. ADDITIONAL PENALTIES WILL ATTACH TO THE AMOUNT SHOWN. FAILURE TO PAY THE CORRECT AMOUNTMAY RESULT INTHE RECORDINGOF A TAX LIEN(R and T CODE 2191.3)
aMSaDDbOlQaaiOMDOOODDOBBSlDDQDDDDMMSbbTaDlMDObSDDiaSE
11
Case 8:10-bk-16743-TA
Doc 812 Filed 04/30/12 Entered 04/30/12 16:05:51 Main Document Page 13 of 23
Desc
20050224-0045969
Pages: 1
02/24/2005
Fee: $0.00
4:50pm
LAWRENCE L. MATHENEY
Tax Colli
compl lance with the provisions of Section 2191 3 and 21! there are on record in my office del inquent personal assessed, computed and levied, together with interest below and are against the person or persons named
saldaroount(s). Inaddltlon. further penalties w11 of each month beginning on the second month af
AMOUNT
08086
fictftff, this 1len has the force, effect andpriori ty of a judgment 1len
LAWRENCE L. MATHENEY
Tax Col l e c t o r
.^J^^^'^^
Deputy
12
Case 8:10-bk-16743-TA
Doc 812 Filed 04/30/12 Entered 04/30/12 16:05:51 Main Document Page 14 of 23
Desc
PROOF OF SERVICE
The undersigned declares: I am a resident of or employed in the County of Ventura, State of California. I am over the age of 18 and not a party to the within action. My business address is Treasurer - Tax Collector, County of Ventura, 800 South Victoria Avenue, Ventura,
California 93009-1290.
[ X ] by an express service carrier, (a guaranteed next day delivery service), a true copy
11
12
of the above-stated document in an envelope or package designated by said carrier and addressed to the person(s) on whom it is to be served.
13
14
] by addressing an envelope toeach of the above-named person(s) as indicated above, and placed in each envelope a true copy of each of said documents, and by then sealing and depositing said envelope, with postage thereon fully prepaid, in the United States
mail at Ventura, California, where is located the office of the attorney for the persons by
and for whom said service was made.
15
16
17
[X ] (STATE) I declare under penalty of perjury under the laws of the State of
Californiathat the foregoing is true and correct. Executed on September 16,2010, at
Ventura, California.
18
19
20
] (FEDERAL) I declare under penalty of perjury that I am employed in the office of the
member of the bar of this court at whose direction the service was made.
21
22
23
rk fc^l tfu-i-0 Yf
LY BARNES
24
25
26
27
28
13
Case 8:10-bk-16743-TA
Doc 812 Filed 04/30/12 Entered 04/30/12 16:05:51 Main Document Page 15 of 23
Desc
EXHIBIT 2
Case 8:10-bk-16743-TA
Doc 812 Filed 04/30/12 Entered 04/30/12 16:05:51 Main Document Page 16 of 23
Desc
Ventura County Tax Collector Mary Barnes, Deputy Tax Collector Bankruptcy Department
800 South Victoria Avenue
Ventura, CA 93009-1290
(805) 664-3775
WESTCLIFF MEDICAL
Chapter 11
ADMINISTRATIVE PRIORITY TAX CLAIM
LABORATORIES, INC.,
Debtor.
Date of Petition:
Total Claim:
1. The undersigned, whose business address is shown above, is the Tax Collector of the County
3. The amount ofall payments on this claim has been credited and deducted for the purpose of
making this claim
Total Tax Due
ofVentura, and is authorized to make this proof of claim on behalf of the County. 2. The claim is for taxes due under the Revenue and Taxation Code of the State of California.
Tax Year
2011
$316.80
4. Make check payable to the Ventura County Tax Collector and mail it to:
Ventura County Tax Collector
Attn: Bankruptcy
800 South Victoria Avenue
Ventura, CA 93009-1290
fJASlMA
BARNES ax Collector
Date:
14
Case 8:10-bk-16743-TA
2011-2012
Doc 812 Filed 04/30/12 Entered 04/30/12 16:05:51 Main Document Page 17 of 23
Desc
UNSECURED TAXES
STEVEN HINTZ
TAX RATE AREA PARCEL OR ID NUMBER
ACCOUNT
j STATEMENT NO
TAX COLLECTOR
08018
526-0-170-010
011
j 4155070
DESCRIPTION OF PROPERTY
EFFECTIVE TAX YEAR DOES NOT RELIEVE THE OWNER OF RECORD (USTED ABOVE) OF THIS BILL.
DO NOT FORWARDTHIS BILLTO THE NEW OWNER
PROPERTY IS TAXED AT 1% OF FULLCASH VALUE PLUSVOTERS APPROVED BOND INDEBTEDNESS
TYPE
SERVICE AGENCY
OOVERNEO BY BOARD OF SUPERVISOR
FULL VALUE
LAND
IMPROVEMENTS
AIRCRAFT EXCEPTION
r
NET TAXABLE
27,500
288.00
"1
TO DELINQUENT ACCOUNTS:
AFTER 08/31/2011-10% PENALTY AFTER 10/31/2011-1.5% PEN. PER MO. AFTER 11/30/2011-23% COLL FEE
28.80 j
4.32 4.32 i
66.24 j
SEND THIS STUB WITH YOUR PAYMENT - DETACH ALONG DOTTED LINE
2011-2012
;STATEMENT NO
526-0-170-010 i
011
I 4155070
2011 | -
316.80
AFTER THE END OFOCT 2011 CALL OUR OFFICE FOR THE CURRENT PAYOFF AMOUNT. ADDITIONAL PENALTIES WILL ATTACH TOTHE
AMOUNT SHOWN. FAILURE TO PAY THE CORRECT AMOUNT MAY RESULT IN THE RECORDING OF A TAX LIEN(R and T CODE 2191.3)
6mS5D7010fl31110D000Q2flfl00DD00DD31b60SBbD17Q0100DDin
15
Case 8:10-bk-16743-TA
Doc 812 Filed 04/30/12 Entered 04/30/12 16:05:51 Main Document Page 18 of 23
Desc
Iam over the age of18 and not a party to this bankruptcy case or adversary proceeding. My business address is:
Atrue and correct copy ofthe foregoing document described asADMINISTRATIVE PRIORITY TAX CLAIM will be served or was served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d); and (b) in the
manner indicated below:
tothedocumenL On Fill In Date Document Is Filed. Ichecked the CM/ECF docket for this bankruptcy case oradversary
6rder(s) and Local Bankruptcy Rule(s) ("LBR*'). the foregoing document will be served by the court via NEF and hyperlink
at the email address(es) indicated below:
j TO BESERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING ("NEF") - Pursuant to controlling General
proceeding and determined that the following person(s) are on the Electronic Mail Notice List to receive NEF transmission
Service information continued on attached page
||. SERVED BY U.S. MAIL OR OVERNIGHT MAILflndicate method for each person orentity served):
On OCTOBER 31.2011.1 served the following person(s) and/or entity(ies) atthe last known address(es) in this
States Mail, first class, postage prepaid, and/or with an overnight mail service addressed as follows. Listing the judge here constitutes adeclaration that mailing to the judge will be completed no later than 24 hours after the document is filed.
Ron Bender
bankruptcy case or adversary proceeding by placing atrue and correct copy thereof in asealed envelope in the United
HI SERVED BY PERSONAL DELIVERY. FACSIMILE TRANSMISSION OR EMAIL (indicate method for each person or entity served)- Pursuant to F.R.Civ.P. 5 and/or controlling LBR. on Fill In Date Document Is Filed. Iserved the following
facsimile transmission and/or email as follows. Listing the judge here constitutes adeclaration that personal delivery on the judge will be completed no later than 24 hours after the document is filed.
Service infdrrriation obntinued on attached page
person(s) and/or entity(ies) by personal delivery, or (for those who consented in writing to such service method), by
declare under penalty of perjury under the laws of the United States of America tj/at thMoreiojmi is true and correct.
10/31/11
Date
Derek Fouarge
Type Name
Signature
This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California F 9013-3.1 .PROOF.SERVICE August 2010
16
Case 8:10-bk-16743-TA
Doc 812 Filed 04/30/12 Entered 04/30/12 16:05:51 Main Document Page 19 of 23
Desc
EXHIBIT 3
Case 8:10-bk-16743-TA
Doc 812 Filed 04/30/12 Entered 04/30/12 16:05:51 Main Document Page 20 of 23
Desc
FILED
United States Bankruptcy Court for the Central District of California
Withdrawal of Claim
Debtor Name and Case Number:
MAR23 2012
CENTRAL DISTRICT OFCALIFORNIA BV '-*- OoputyClorK
CLERKU.S. BANKRUPTCY COURT
8:10-16743-TA
Ventura, CA 93009-1290
243
Nov 2,2011
$316.80
I, the undersigned, am the above-referenced creditor, or an authorized signatory for the above-referenced creditor. Ihereby withdraw the above-referenced claim and authorize the Clerk ofthis Court, or their duly appointed Claims Agent, to reflect this withdrawal on the official claims register for the abovereferenced Debtor. This withdrawal is without prejudice to the County's filing ofanother claim in the
event that future property taxes are not paid.
Dated:
Mar 21,2012
Print Name:
CltVUl^
Title (if applicable): Deputy Tax Collector
DEFINITIONS
The person, corporation, or other entity that has filed abankruptcy case is called the debtor.
Creditor
Debtor
. .
. ..
Acreditor isany person, corporation, or other entity towhich the debtor owed adebt.
^L
J ,.
AJbltfitlthe clerk ofthe bankruptcy court where the bankruptcy case was filed, to tell the bankruptcy court how much the debtor owed a
creditor (the amount of thecreditor's claim).
^!ZSSm the bankruptcy case was filed (for example. Central District ofCalifornia) the name ofthe debtorttKScySfJZZ bankruptcy case number. Ifyou received anotice ofthe case from the court, all ofth.s mformat.on ,s near
thetop ofthe notice.
Sign and print the name and title. Ifany, ofthe creditor or other person authorized to III. this withdrawal ofclaim (attach copy of power
ofattorney, if any).
This form must be filed with the clerk ofthe bankruptcy court where the bankruptcy case was filed
or, ifapplicable, with their duly appointed Claims Agent as per any procedure approved by the
court in the above-referenced bankruptcy proceeding. _
17
Case 8:10-bk-16743-TA
Doc 812 Filed 04/30/12 Entered 04/30/12 16:05:51 Main Document Page 21 of 23
Desc
Claims Register
8:10-bk-16743-TA Westcliff MMcaLLaboratorie^Inc,
Judge: Theodor Albert
Office: Santa Ana
Trustee:
Chapter: 11
Last Date to file claims:
Original Filed
Date: 11/02/2011
Original Entered
Date: 11/03/2011
History:
Details 243-11/02/2011 Claim #243 filed by Ventura County Tax Collector, Admin claimed: $316.80 (Lyons,
1 Maeve)
719 03/08/2012 Motion to Disallow Claims Debtor's Notice Of Motion And Sixth Omnibus Motion For Order Disallowing Claims (Tax Claims): Memorandum Of Points And Authonties And Declaration Of Laura Contreras In Support Thereof (with Exhibits and Proof of
Description:
Remarks:
18
Case 8:10-bk-16743-TA
Doc 812 Filed 04/30/12 Entered 04/30/12 16:05:51 Main Document Page 22 of 23
Desc
Iam over the age of18 and not a party tothis bankruptcy case or adversary proceeding. My business address is:
Treasurer-Tax Collector, County ofVentura, 800 South Victoria Avenue, Ventura, California 93009-1290.
(a) on the judge in chambers in the form and manner required by LBR 5005-2(d); and (b) in the manner indicated below:
Atrue and correct copy ofthe foregoing document described as WITHDRAWAL OF CLAIM will beserved or was served
, TO BE SERVED BYTHE COURT VIA NOTICE OF ELECTRONIC FILING ("NEF") - Pursuant tocontrolling General
Orderfs) and Local Bankruptcy Rule(s) ("LBR"), the foregoing document will be served by the court via NEF and hyperlink
at the email address(es) indicated below:
to the document. On Fill In Date Document Is Filed. Ichecked the CM/ECF docket for this bankruptcy case or adversary
proceeding and determined that the following person(s) are on the Electronic Mail Notice List to receive NEF transmission
On MARCH 21.2012.1 served the following person(s) and/or entity(ies) at the last known address(es) in ttj'^nkniptey
case or adversary proceeding by placing atrue and correct copy thereof in asealed envelope in the United States Mail,
II SERVED BY U.S. MAIL OR OVERNIGHT MAILfindicate method for each person or entity served):
adeclaration that mailing to the judge will be completed no later than 24 hours after the document is filed.
Ron Bender Todd M. Arnold
first class, postage prepaid, and/or with an overnight mail service addressed as follows. Listing the judge here constitutes
Attorneys for Debtors - U.S. Mail
LEVENE NEALE BENDER YOO & BRILL LLP 10250 Constellation Blvd., Suite 1700 Los Angeles, CA 90067
5j5S^Sa^F.R.Chf.P. 5and/or controlling LBR, on FUjln Date Document Is FJleA jserved the tyJJn?
rarson(s) and/or entrty(ies) by personal delivery, or (for those who consented in writing to such service method) by
the Judge will be completed no later than 24 hours after the document is filed.
III sPRVFn RY PERSONAL DELIVERY. FACSIMILE TRANSMISSION OR EMAIL (indicate method for each person or
SileS
as follows. Listing the judge here constitutes adeclaration that personal delivery on
Service information continued onattached page
Ideclare under penalty of perjury under the laws of the United States of America that-tfle foregoing is true and correct.
03/21/12
Date
Derek Fouarge
Type Name
This form Is mandatory. It has been approved for use by the United States Bankruptcy Court tor the CentraIf
August 2010
F 9013-3.1.PROOF.SERVICt
19
Case 8:10-bk-16743-TA
Doc 812 Filed 04/30/12 Entered 04/30/12 16:05:51 Main Document Page 23 of 23
Desc
NOTE: When using this form to indicate service of a proposed order, DO NOT list any person or entity in Category I.
Proposed orders do not generate an NEF because only orders that have been entered are placed on the CM/ECF docket.
Atrue and correct copy ofthe foregoing document described as Opposition ofCreditor Ventura County Treasurer-Tax
Collector to Debtors' Sixth Omnibus Motion for Order Disallowing Claims (Tax Claims)
will be served or was served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d); and (b)
in the manner indicated below:
I. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING ("NEF") - Pursuant to controlling General
Order(s) and Local Bankruptcy Rule(s) ("LBR"), the foregoing document will be served by the court via NEF and hyperlink
to the document. On , I checked the CM/ECF docket for this bankruptcy case or
adversary proceeding and determined that the following person(s) are on the Electronic Mail Notice List to receive NEF
transmission at the email address(es) indicated below:
II. SERVED BY U.S. MAIL OR OVERNIGHT MAILfindicate method for each person or entity served):
On 4/30/12 , | served the following person(s) and/or entity(ies) at the last known address(es) in this bankruptcy case or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United States Mail, first class, postage prepaid, and/or with an overnight mail service addressed as follows. Listing the judge here constitutes a declaration that mailing to the judge will be completed no later than 24 hours after the document is filed. Todd M. Arnold (U.S. Mail) Honorable Theodor C. Albert (U.S. Mail)
Levene, Neale, Bender, Yoo & Brill, L.L.P. 10250 Constellation Boulevard, Suite 1700 United States Bankruptcy Court 411 West Fourth Street, Suite 5085, Crtrm 5B
III. SERVED BY PERSONAL DELIVERY, FACSIMILE TRANSMISSION OR EMAIL (indicate method for each person or
person(s) and/or entity(ies) by personal delivery, or (for those who consented in writing to such service method), by
facsimile transmission and/or email as follows. Listing the judge here constitutes a declaration that personal delivery on
the judge will be completed no later than 24 hours after the document is filed.
I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.
4/30/12
Date
Milane Acevedo
Type Name
Thisform is mandatory. It has been approved for use by the United States Bankruptcy Courtfor the Central District of California.
Augmt2010
F 9013-3.1.PROOF.SERVICE
20