Petition for Assignment for the Benefit of Creditors
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Filing # 76374544 E-Filed 08/13/2018 04:49:35 PM IN THE CIRCUIT COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA In re: Assignment for the Benefit of Creditors of Case No. Prime Source Mortgage, Inc., fka PrimeSource Mortgage, Inc. and fka United Community Mortgage, A Delaware Corporation and registered to do business in Florida as a Foreign Profit Corporation Assignor, To: Mark C. Healy, Assignee. ____________________________________ / PETITION FOR ASSIGNMENT FOR THE BENEFIT OF CREDITORS Assignee, Mark C. Healy, by and through undersigned counsel, petitions for an assignment of the benefit of creditors in accordance with Chapter 727, Florida Statute, and states: 1. This is a Petition for Assignment for the Benefit of Creditors. 2. This Court has jurisdiction of the proceeding in accord with the provisions of Fla. Stat. § 727.102. 3. The Assignor, Prime Source Mortgage, Inc., fka PrimeSource Mortgage, Inc. and fka United Community Mortgage, a Delaware Corporation and registered to do business in Florida as a Foreign Profit Corporation, is a corporation, with its principal place of business located at 40750 Symphony Park Lane, Suite 102, Murrieta, CA 92562. 4. The Assignee, Mark C. Healy, has his principal place of business located at 1883 Marina Mile Blvd., Suite 106, Fort Lauderdale, FL 33315. 5. The Assignor is asserted to be indebted to creditors and is unable to pay its debts and desires to provide for the payment of its allowed debts consistent with the provisions of Fla. Stat. § 727.102. 6. A copy of the Assignment, together with Schedules A and B, is attached hereto as Composite Exhibit 1. WHEREFORE, Assignee prays for relief through entry of an Assignment for Benefit of Creditors under Chapter 727, Florida Statutes. Respectfully submitted on this 13th day of August, 2018. SHUMAKER, LOOP & KENDRICK, LLP By: /s/ Steven M. Berman Steven M. Berman, Esq. Florida Bar No.: 856290 101 E. Kennedy Blvd., Suite 2800 Tampa, Florida 33602 PH: 813.229.7600 FAX: 813.229.1660 [email protected] Attorney for Assignee Composite Exhibit 1 ASSIGNMENT FOR THE BENEFIT OF CREDITORS ASSIGNMENT, made on this 3rd day of August, 2018 between Prime Source Mortgage, Inc., fka PrimeSource Mortgage, Inc. and fka United Community Mortgage, a Delaware Corporation, registered to do business in Florida as a Foreign Profit Corporation, with its principal place of business located at 40750 Symphony Park Lane, Suite 102, Murrieta, CA 92562, (hereinafter “Assignor”) and Mark C. Healy of Michael Moecker & Associates, Inc., whose address 1883 Marina Mile Blvd., Suite 106, Fort Lauderdale, FL 33315, (hereinafter “Assignee”). WHEREAS, the Assignor has been engaged in the business of non-depository mortgage banking. WHEREAS, the Assignor is indebted to creditors, as set forth in Schedule A annexed hereto, is unable to pay its debts as they become due, and is desirous of providing for the payment of its debts, so far as it is possible by an assignment of all of its assets for that purpose. NOW, THEREFORE, the Assignor, in consideration of the Assignee’s acceptance of this assignment, and for other good and valuable consideration, hereby grants, assigns, conveys, transfers, and sets over, unto the Assignee, his successors and assigns, all of its assets, except such assets as are exempt by law from levy and sale under and execution, including, but not limited to, all real property, fixtures, goods, stock, inventory, equipment, furniture, furnishings, accounts receivable, bank deposits, cash, promissory notes, cash value and proceeds of insurance policies, claims and demands belonging to the Assignor, and all books, records, and electronic data pertaining to all such assets, wherever such assets may be located, hereinafter the “Estate,” as which assets are, to the best knowledge and belief of the Assignor, set forth on Schedule B annexed hereto. The Assignee shall take possession of, and protect and preserve, all such assets and administer the Estate in accordance with the provisions of chapter 727, Florida Statutes, and shall liquidate the assets of the Estate with reasonable dispatch and convert the Estate into money, collect all claims and demands hereby assigned as may be collectible, and pay and discharge all reasonable expenses, costs, and disbursements in connection with the execution and administration of this assignment from the proceeds of such liquidations and collections. The Assignee shall then pay and discharge in full, to the extent that funds are available in the Estate after payment of administrative expenses, costs, and disbursements, all of the debts and liabilities now due from the assignor, including interest on such debts and liabilities. If funds of the Estate shall not be sufficient to pay such debts and liabilities in full, then the assignee shall pay from funds of the Estate such debts and liabilities, on a pro rata basis and in proportion to their priority as set forth in Section 727.114, Florida Statutes. If all debt and liabilities are paid in full, any funds of the Estate remaining shall be returned to the Assignor. To accomplish the purposes of this Assignment, the Assignor hereby appoints the Assignee its true and lawful attorney, irrevocable, with full power and authority to do all acts and things which may be necessary to execute the Assignment hereby created; to demand and recover from all persons all assets of the Estate; to sue for the recovery of such assets; to execute, acknowledge, and deliver all necessary deeds, instruments, and conveyances; and to appoint one or more attorneys under him to assist him in carrying out his duties under the Assignment. The Assignor hereby authorizes the Assignee to sign the name of the Assignor to any check, draft, promissory note or other instrument in writing which is payable to the order of the Assignor or to sign the name of the Assignor to any instrument in writing whenever it shall be necessary to do so to carry out the purpose of this Assignment. SCHEDULE A - CREDITOR LIST 1. Secured Creditors Name and Address Amount Collateral Disputed None 2. Wages owed: Name and Address Amount Disputed Alcorta, Javier $7,712.26 No. 3118A US Highway 83-84 Tuscola, TX 79562 Alcorta, Mandy $258.00 No. 3118A US Highway 83-84 Tuscola, TX 79562 Baretich, Richard $845.00 No. 7881 Starling Dr. San Diego, CA 92123 Bergen, Hannah $300.00 No. 20100 N. 78th Pl. #2171 Scottsdale, AZ 85255 Bytheway, Hanna $45.00 No. 1055 W. 450 S Layton, UT 84041 Carroll, Theresa Unknown 453 S 30th St Mesa, AZ 85204 Chavez, Crystal Unknown 1609 Stoney Ridge Road Edmond, OK 73034 Cifelli-Smith, Donna Unknown 98 State Road West Grove, PA 19390 Delbert, Tyler M $635.00 No. 2246 Orange Grove Place Escondido, CA 92027 Gilles, Sean $613.61 No. 29106 Tivoli Way Fair Oaks Ranch, TX 78105 Hauser, Jeremy Unknown 31824 Via Del Paso Winchester, CA 92596 Kirchmann, Annie $200.00 No. 1137 E Frances St. Appleton, WI 54911 Nastasio, Lynn $100.00 No. 1312 Ne Valley Forge Drive Lee’s Summit, MO 64086 Nelson, Joshua $60.00 No. 252 County Road 3821 Troup, TX 75789 Schutte, Ally $1,353.28 No. 3050 Los Campos Drive Fallbrook, CA 92028 Stultz, Jesse Adam $4,689.00 No. 644 N Hemlock St Ottawa, KS 66067 Verkuylen, Gerard $5,545.22 No. 23197 Spring Meadow Dr Murrieta, CA 92562 Orellana, Rocio $760.00 No. 1516 W Campbell Ave Phoenix, AZ 85015 Wick, Gregory A. $3,047.08 No. 45159 Vine Cliff St. Temecula, CA 92592 3. Consumer deposits: Name and Address Amount Disputed None. 4. Taxes owed: Name and Address Amount Disputed Internal Revenue Service Unknown PO Box 37941 Hartford, CT 06176-7941 5. Unsecured claims: Name and Address Amount Disputed Access $108.86 No. P.O. Box 398306 San Francisco, CA 94139-8306 Advantage Credit Court Reporting $10.297.87 No. Services 32065 Castle Court Suite 300 Evergreen, CO 80439 Aguilar, Paul Unknown 30588 Via Lakistas Lake Elsinore, CA 92530 Almazan, David M. $559.19 No. 7161 Caprica Circle La Palma, CA 90623 American Southwest Mortgage $227,625.01 No. 5900 Mosteller Dr Ste 100 Oklahoma City, OK 73112 Anaheim Hills Executive Suites $1,000.00 No. 155 N. Riverview Drive Anaheim Hills CA 92802 Andrade, Luis Unknown No. 3207 Hidden Estates Lane Escondido, CA 92027 Arbogast, Stacy Unknown No. 20130 Ross Rd Wildomar, CA 92595 AT&T $284.31 No. PO Box 6463 Carol Stream, IL 60197-6463 Bailey, Tricia Unknown Yes, subject to counterclaims 1782 Lemon Heights Drive and setoff. North Tustin, CA 92705 Bartholomew, Riana Unknown 3740 Silvario St Cottonwood, CA 96022 Baumgartner, Brett Unknown 323 1/2 Newport Ave Long Beach, CA 90814 BCC Funding XIII, LLC $328.73 No. 2010 Main Street, 11th Floor Irvine, CA 92614 Beasley & Co. $1,254.00 No. 2626 East 21st Street Suite 1 Tulsa, OK 74114 Broadcast Company of the $12,467.40 No. America PO Box 928333 San Diego, CA 92192 Brown, Eleanor Unknown 500 N. Caraway Road Apt 831c Jonesboro, AR 72401 Cabello, Kayla Unknown 5404 105th Street Lubbock, TX 79424 Cade, Deana Unknown 8190 Spinks Road Abilene, TX 79603 Caliber Home Loans $7,181.44 No. Attn: Accounts Receivable 1525 South Beltline Road Coppell, TX 75019 Capitol Administrators $24,894.45 No. P.O Box 2318 Rancho Cordova, CA 95741-2318 Carcioppolo, Dominic Unknown 31829 Corte Mondoza Temecula, CA 92592 Carroll, Theresa $75.00 No. 453 S 30th St Mesa, AZ 85204 Carrel's Office Machines $899.04 No. 888 Locust Street Redding, CA 96001 Chin, Anthony Unknown 15 Lemon Grove Irvine, CA 92618 Cooper, Gary Unknown 2349 Old Ranch Road Escondido, CA 92027 Core Business Advisors $13,500.00 No. 5400 North Grand Boulevard, Suite 560 Oklahoma City, OK 73112 Corelogic Solutions, LLC $1,063.00 No.