FORM B9A (Chapter 7 Individual or Joint Debtor No Asset Case) (12/12)
Case Number 13−43036 RLE 7
UNITED STATES BANKRUPTCY COURT
Northern District of California (Oakland)
Notice of Chapter 7 Bankruptcy Case, Meeting of Creditors, & Deadlines
A chapter 7 bankruptcy case concerning the debtor(s) listed below was filed on 5/24/13.
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.
Creditors −− Do not file this notice in connection with any proof of claim you submit to the court.
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):
John William Smithson
3 The Trees Dr.
Concord, CA 94518
Attorney for Debtor(s) (name and address):
Lincoln Law, LLP
1525 Contra Costa Blvd.
Pleasant Hill, CA 94523
Telephone number: (800) 722−6578
Social Security/Individual Taxpayer ID/Employer Tax ID/Other
Bankruptcy Trustee (name and address):
945 Morning Star Dr.
Sonora, CA 95370
Telephone number: (209) 532−9821
Date: June 25, 2013
Time: 11:00 AM
Location: Office of the U.S. Trustee, 1301 Clay St. Room 680N, Oakland, CA 94612
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
The presumption of abuse does not arise.
Presumption of Abuse under 11 U.S.C. § 707(b)
See "Presumption of Abuse" on reverse side.
Papers must be received by the bankruptcy clerk's office by the following deadlines:
Deadline to Object to Debtor's Discharge or to Challenge Dischargeability of Certain Debts: 8/26/13
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
Deadline to Object to Exemptions:
a plan was first confirmed, or (2) the deadline had 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.
Please Do Not File a Proof of Claim Unless You Receive a Notice To Do So.
Creditor with a Foreign Address:
A creditor to whom this notice is sent at a foreign address should read the information under "Do Not File a Proof of Claim at This Time"
on the reverse side.
Address of the Bankruptcy Clerk's Office:
1300 Clay Street #300 (94612)
Post Office Box 2070
Oakland, CA 94604−2070
Telephone number: 510−879−3600
Hours Open: Monday − Friday 9:00 AM − 4:30 PM
Clerk of the Bankruptcy Court:
Gloria L. Franklin
For the Court:
Case: 13-43036 Doc# 6 Filed: 05/28/13 Entered: 05/28/13 11:29:34 Page 1 of 2
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.
FORM B9A (12/12)
The staff of the bankruptcy clerk's office cannot give legal advice. Consult a lawyer to determine your rights in
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.
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.
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
specified in a notice filed with the court.
Do Not File a Proof of
Claim at This Time
There does not appear to be any property available to the trustee to pay creditors. You therefore should not file a
proof of claim at this time. If it later appears that assets are available to pay creditors, you will be sent another notice
telling you that you may file a proof of claim, and telling you the deadline for filing your proof of claim. If this
notice is mailed to a creditor at a foreign address, the creditor may file a motion requesting the court to extend the
Do not include this notice with any filing you make with the court.
Discharge of Debts
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 or motion 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.
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.
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: 13-43036 Doc# 6 Filed: 05/28/13 Entered: 05/28/13 11:29:34 Page 2 of 2