FORM B9C (Chapter 7 Individual or Joint Debtor Asset Case) (12/07)
Case Number 11−51102 CN 7
UNITED STATES BANKRUPTCY COURT
Northern District of California (San Jose)
Notice of Chapter 7 Bankruptcy Case, Meeting of Creditors, & Deadlines
A chapter 7 bankruptcy case concerning the debtor(s) listed below was filed on 2/4/11.
You may be a creditor of the debtor. This notice lists important deadlines. You may want to consult an attorney to protect your rights.
All documents filed in the case may be inspected at the bankruptcy clerk's office at the address listed below. NOTE: The staff of the
bankruptcy clerk's office cannot give legal advice.
See Reverse Side For Important Explanations
Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, trade, and address):
Robert Edward Hayner
aka Bo Hayner, dba Cordbanc USA, dba BioBancUSA,
a Corporation, dba BiobancUSA, Corp.
4179 Crest Road
Pebble Beach, CA 93953
Jane E Hayner
4179 Crest Road
Pebble Beach, CA 93953
Attorney for Debtor(s) (name and address):
Ralph P. Guenther
Law Offices of Duffy and Guenther
149 Bonifacio Pl.
Monterey, CA 93940
Telephone number: (831) 649−5100
Social Security/Individual Taxpayer ID/Employer Tax ID/Other
Bankruptcy Trustee (name and address):
P.O. Box 573
Pebble Beach, CA 93953
Telephone number: (831)655−3552
Email: [email protected]
Date: March 8, 2011
Location: The Quadrangle #214, 1000 S Main St., Salinas, CA 93901
Time: 10:30 AM
Meeting of Creditors
Important Notice to Individual Debtors: The United States Trustee requires all debtors who are individuals to
provide government−issued photo identification and proof of social security number to the trustee at the meeting of
Presumption of Abuse under 11 U.S.C. §§ 707(b)
See "Presumption of Abuse" on reverse side.
The presumption of abuse does not arise.
Papers must be received by the bankruptcy clerk's office by the following deadlines:
Deadline to File a Proof of Claim:
For all creditors (except a governmental unit): 6/6/11
For a governmental unit: Must file before 180 days after the date
relief was entered.
Creditor with a Foreign Address:
A creditor to whom this notice is sent at a foreign address should read the information under "Claims" on the reverse side.
Deadline to Object to Debtor's Discharge or to Challenge Dischargeability of Certain Debts: 5/9/11
Thirty (30) days after the conclusion of the meeting of creditors; however, if this case has been converted, a new deadline to object to
exemptions arises unless: (1) :the conversion took place more than one year after a plan was first confirmed, or (2) the deadline had
Deadline to Object to Exemptions:
previously expired while the case pending under Chapter 7.
Creditors May Not Take Certain Actions:
In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the
debtor's property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the
court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code
, you may be
penalized. Consult a lawyer to determine your rights in this case.
Address of the Bankruptcy Clerk's Office:
280 South First Street
San Jose, CA 95113
Telephone number: 408−278−7500
Hours Open: Monday − Friday 9:00 AM − 4:30 PM
Clerk of the Bankruptcy Court:
Gloria L. Franklin
For the Court:
Case: 11-51102 Doc# 12 Filed: 02/07/11 Entered: 02/07/11 09:03:38 Page 1 of 2
FORM B9C (12/07)
Filing of Chapter 7
A bankruptcy case under Chapter 7 of the Bankruptcy Code
(title 11, United States Code) has been filed in this
court by or against the debtor(s) listed on the front side, and an order for relief has been entered.
The staff of the bankruptcy clerk's office cannot give legal advice. Consult a lawyer to determine your rights in this
May Not Take Certain
Prohibited collection actions are listed in Bankruptcy Code
§§ 362. Common examples of prohibited actions include
contacting the debtor by telephone, mail or otherwise to demand repayment; taking actions to collect money or
obtain property from the debtor; repossessing the debtor's property; starting or continuing lawsuits or foreclosures;
and garnishing or deducting from the debtor's wages. Under certain circumstances, the stay may be limited to 30
days or not exist at all, although the debtor can request the court to extend or impose a stay.
Meeting of Creditors A meeting of creditors is scheduled for the date, time and location listed on the front side. The debtor (both spouses
in a joint case) must be present at the meeting to be questioned under oath by the trustee and by creditors. Creditors
are welcome to attend, but are not required to do so. The meeting may be continued and concluded at a later date
without further notice.
Discharge of Debts
A Proof of Claim is a signed statement describing a creditor's claim. If a Proof of Claim form is not included with
this notice, you can obtain one at any bankruptcy clerk's office. A secured creditor retains rights in its collateral
regardless of whether that creditor files a Proof of Claim. If you do not file a Proof of Claim by the "Deadline to
File a Proof of Claim" listed on the front side, you might not be paid any money on your claim from other assets in
the bankruptcy case. To be paid you must file a Proof of Claim even if your claim is listed in the schedules filed by
the debtor. Filing a Proof of Claim submits the creditor to the jurisdiction of the bankruptcy court, with
consequences a lawyer can explain. For example, a secured creditor who files a Proof of Claim may surrender
important nonmonetary rights, including the right to a jury trial. Filing Deadline for a Creditor with a Foreign
Address: The deadlines for filing claims set forth on the front of this notice apply to all creditors. If this notice has
been mailed to a creditor at a foreign address, the creditor may file a motion requesting the court to extend the
The debtor is seeking a discharge of most debts, which may include your debt. A discharge means that you may
never try to collect the debt from the debtor. If you believe that the debtor is not entitled to receive a discharge
under Bankruptcy Code
§§ 727(a) or that a debt owed to you is not dischargeable under Bankruptcy Code
523(a)(2), (4), or (6), you must file a complaint −− or a motion if you assert the discharge should be denied under
§727(a)(8) or (a)(9) −− in the bankruptcy clerk's office by the "Deadline to Object to Debtor's Discharge or to
Challenge the Dischargeability of Certain Debts" listed on the front of this form. The bankruptcy clerk's office must
receive the complaint and any required filing fee by that deadline.
The debtor is permitted by law to keep certain property as exempt. Exempt property will not be sold and distributed
to creditors. The debtor must file a list of all property claimed as exempt. You may inspect that list at the
bankruptcy clerk's office. If you believe that an exemption claimed by the debtor is not authorized by law, you may
file an objection to that exemption. The bankruptcy clerk's office must receive the objections by the "Deadline to
Object to Exemptions" listed on the front side.
Presumption of Abuse If the presumption of abuse arises, creditors may have the right to file a motion to dismiss the case under §§ 707(b)
of the Bankruptcy Code
. The debtor may rebut the presumption by showing special circumstances.
Any paper that you file in this bankruptcy case should be filed at the bankruptcy clerk's office at the address listed
on the front side. You may inspect all papers filed, including the list of the debtor's property and debts and the list of
the property claimed as exempt, at the bankruptcy clerk's office.
Liquidation of the
Debtor's Property and
Payment of Creditors'
The bankruptcy trustee listed on the front of this notice will collect and sell the debtor's property that is not exempt.
If the trustee can collect enough money, creditors may be paid some or all of the debts owed to them, in the order
specified by the Bankruptcy Code
. To make sure you receive any share of that money, you must file a Proof of
Claim, as described above.
Creditor with a
Consult a lawyer familiar with United States bankruptcy law if you have any questions regarding your rights in this
−− Refer to Other Side for Important Deadlines and Notices −−
Case: 11-51102 Doc# 12 Filed: 02/07/11 Entered: 02/07/11 09:03:38 Page 2 of 2