BANKRUPTCY INFORMATION

Transcription

1 BANKRUPTCY INFORMATION The Bankruptcy Courts are divisions of the United States District Court. The Bankruptcy Courts for Eastern Washington are located in Spokane, and Yakima, Washington, and hearings for persons residing in the Chelan, Douglas, Grant, and Okanogan County area are held at the RED LION CONFERENCE ROOM and provides for liquidation of debts (Chapter 7), adjustment of debts for an individual (Chapter 13), and business reorganization (Chapter 11). Chapter 13 is designed for persons who have regular incomes, which will allow them to pay all or a portion of their debts within a set period of time, usually five years, according to a plan prepared by them and filed with the Bankruptcy Court. A monthly amount is paid over to the Trustee from your earnings. Chapter 7 is designed for persons or businesses unable to pay their debts as they fall due and unable to pay all or a portion of their debts from their income or assets. In this type of proceeding, the Trustee appointed by the Bankruptcy Court will collect your "non-exempt" assets, sell them and distribute the proceeds to your creditors. If a Chapter 7 is filed, you will request a "discharge" of your debts. Creditors will not be able to legally collect debts, which are discharged, but you cannot ignore lawsuits which may be filed after the bankruptcy discharge is granted. You must prove that a discharge was obtained on that debt and should contact our office if any creditors make efforts for collection. Also, action must be taken during the bankruptcy proceeding to remove judgment liens against your property, as well as other types of liens. THERE ARE ADDITIONAL FEES for removing judgment liens. A Chapter 7 bankruptcy will only discharge debts owed to creditors who are listed on your bankruptcy schedules. You must provide our office with the exact name, mailing address and zip code for every creditor. Also, certain debts may not be dischargeable in bankruptcy. Examples are child support, student loans, delinquent taxes, some credit card purchases immediately prior to filing, and fraudulent loans. Please discuss these types of debts with us openly, especially fraudulent loans which may involve false financial statements or loan applications. Certain property which you own, may be claimed as "exempt". This means that the Chapter 7 Trustee cannot collect and sell this property to pay your creditors. Generally, a person can protect all or a portion of the equity in a home, furniture, clothing, tools of trade, and automobiles. There are limits to these exemptions and it is extremely important that you list all property you own on your bankruptcy schedules, as well as an accurate value for each item. Some of your property may be collateral for your debts and these debts are referred to as "secured." Even if you claim this property as exempt, a secured creditor can repossess the property through the Bankruptcy Court. If the secured creditor sells the exempt property for Page 1

2 more than you owe, then the excess will be paid to you. However this is very rare, especially when the property is an automobile, furniture or household appliance. After filing bankruptcy under Chapter 7 you have the ability to "reaffirm" any of your debts, whether secured or unsecured. As an example: John Smith borrowed $3,000 from HFC and gave his automobile as collateral. This is a secured debt. The automobile may be worth only $1,200 at the time the Chapter 7 bankruptcy is filed and Mr. Smith may owe HFC $2,000. Mr. Smith should offer to reaffirm the debt for $1,200. If HFC rejects the offer and demands full payment, then Mr. Smith could either allow the automobile to be repossessed and discharge the debt, or he could reaffirm the $2,000 debt in full. Unless you wish to return collateral to your secured creditors a reaffirmation agreement must be negotiated and prepared for each creditor holding collateral you wish to retain. Finally, if you file under Chapter 7 and obtain a discharge of your debts, then you must be careful to avoid future over-extensions of your credit or finances and you would be wise to maintain adequate automobile and health insurance. The relief through a Chapter 7 bankruptcy will not be available for eight years. THE FAILURE TO PROVIDE ACCURATE AND COMPLETE INFORMATION IN DOCUMENTS FILED WITH THE BANKRUPTCY COURT MAY PREVENT YOU FROM RECEIVING A DISCHARGE OF YOUR DEBTS, and may be a FEDERAL CRIME, PUNISHABLE BY 5 YEARS IN PRISON OR A $500, FINE. Mr. Steinberg charges $ in attorney s fees for standard chapter 7 s, plus the court charges a filing fee of $ for a total of $1, For a chapter 13, the fees are $3, plus $ filing fee for a total of $3, Payment plans can be arranged. **For cases outside of the CHELAN, DOUGLAS, GRANT OR OKANOGAN COUNTY areas, additional charges apply. Also, as part of the Bankruptcy Reform act, you must take a PRE-FILING CREDIT COUNSELING COURSE. Attorney Code No is one that only charges $20.00 [as of this writing.] You also will need to take a different class AFTER Filing the Case. Mr. Steinberg recommends Upon signing below and retaining Mr. Steinberg, fees and costs paid are NON- REFUNDABLE. We will need copies of any paystubs for the previous 6 months, and a copy of the most recent filed tax return. The undersigned acknowledge reading this Bankruptcy Information and receipt of a copy of this document for their records on the day of, 20. CLIENT CLIENT Page 2

3 BANKRUPTCY QUESTIONNAIRE The information, which you are providing in this questionnaire, may be used for completion of a Petition for Bankruptcy. It is important that all information be accurate and complete as possible. When completed as much as possible, please return to THE STEINBERG LAW FIRM, 323 N. Miller Street, Wenatchee, Washington, 98801, (509) Toll Free (877) You can also your questions to Charles@ncwlaw.com or Subreena@ncwlaw.com Again, we need 6 months of paystubs and a copy of your most recent filed tax return. For the Hearing on your case, you must bring your SOCIAL SECURITY CARD. IF YOU DON T know where yours is, order a replacement NOW. YOU HAVE TO TAKE A PRE-FILING CLASS before your case is filed. is the cheapest one I have found so far. If this questionnaire does not provide sufficient space for your answer, then attach additional pages containing the information requested. General Information Name SS No. DOB Spouse DOB SS No. Number of people in the household Rent/Own (circle one) Street Address City, State, Zip Mailing Address Spouse's Address (if different) County of Residence or Place of Business Telephone (h) (w) Spouse s Telephone (h) (w) Have you been domiciled or had a residence or principal place of business in Eastern Washington for the last 180 days? Yes No Is there another bankruptcy case concerning any affiliate, general partner, or partnership pending with which you are involved? Yes No Page 3

4 Family Status 1. The debtor is: (check one of the following) Married Single Separated Divorced 2. The name of debtor's spouse is: 3. The debtor supports the following dependents (other than the debtor's spouse): Name Age Relationship to Debtor Employment and Occupation 1. Debtor s Employer: Debtor s Occupation: Employer s Address: How long have you been employed there: 2. The debtor is self-employed as, at the following principal place of business: 3. Spouse s Employer: Spouse s Occupation: Employer s Address: How long has spouse been employed there: 4. The Spouse is self-employed as, at the following principal place of business: Page 4

5 Description and Location of Property: SCHEDULE A - REAL PROPERTY (Houses, lots, mobile homes, etc.) Nature of Your Interest in Property (own, rent, lease, etc.): Current Market Value of property: _ Balance owed by you on property: _ Name, Address, Account # (if any) of Holder of Loan on property: Description and Location of Property: Nature of Your Interest in Property (own, rent, lease, etc.): Current Market Value of property: _ Balance owed by you on property: _ Name, Address, Account # (if any) of Holder of Loan on property: Description and Location of Property: Nature of Your Interest in Property (own, rent, lease, etc.): Current Market Value of property: _ Balance owed by you on property: _ Name, Address, Account # (if any) of Holder of Loan on property: Page 5

6 SCHEDULE B - PERSONAL PROPERTY Please list your personal property below and what you believe to be its used value (e.g., resale prices). If any property is not at your residence, then please list where it is located. 1. Automobiles, trucks, trailers and other vehicles. Make & Model License # Lender: Make & Model License # Lender: Make & Model License # Lender: Make & Model License # Lender: 2. Boats, motors and accessories & any motorcycles. Itemize: 3. Aircraft and accessories. Itemize: 4. Household goods and furnishings, including audio, video, and computer equipment. Please circle the item below if you have any of the following: kitchen table and chairs, coffee table, end table, microwave, TV, big screen TV, VCR, DVD player, recliner, rocking chair, crib, bunk beds, beds, hot tub, dressers, buffet, china hutch, wet bar, toys, bicycles, dining room table and chairs, couch, sofa, love seat, lamps, washing machine, dryer, refrigerator. other items someone would see if they walked thru my house please list here: Page 6

7 5. Electronics: TV s, radios, digital equipment, computers, printers, cameras, etc. 6. Collectibles of value: Books, pictures and other art objects, antiques, stamp, coin record, tape, compact disc, and other collections or collectibles. ITEMIZE: 7. Equipment for sports and hobbies: sports, photographic, and other hobby equipment. 8. Firearms. Itemize: 9. Wearing apparel (clothing). (LIST APPROXIMATE VALUE) 10. Furs and jewelry, list even your costume jewelry. Itemize: 11. Non-farm animals (pets). 12. Other personal and household items not already listed. Itemize: 13. Cash on hand. 14. Deposits of Money: Checking, savings or other financial accounts, certificates of deposit, or shares in banks, savings and loan, thrift, building and loan, and homestead associations, or credit unions, brokerage houses, or cooperatives. Name of Bank: [ ] Checking [ ] Savings Name of Bank: [ ] Checking [ ] Savings Name of Bank: [ ] Checking [ ] Savings Name of Bank: [ ] Checking [ ] Savings Page 7

8 15. Bonds, mutual funds, or publicly traded stocks. (Example: bond funds, money market, or investment accounts with brokerage firm.) 16. Government and corporate bonds. 17. Retirement or pension accounts. Example: IRA, ERISA 401(k), 403(b) etc. 18. Security deposits with public utilities, telephone companies, landlords, and others. 19. Annuities. Itemize and name each issuer: 20. Interests in education IRA, or state tuition program. Itemize and name issuer: 21. Trusts, equitable or future interests in property (other than anything listed in real property) for your benefit. Itemize: 22. Patents, copyrights, trademarks, trade secrets, and other intellectual property: 23. Licenses, franchises, and other general intangibles. (Example: building permits, exclusive licenses, cooperative association holdings, liquor licenses, professional licenses.) 24. Other liquidated debts owing debtor include tax refunds. Give particulars: 25. Alimony, maintenance, support, and property settlements to which the debtor is or may be entitled. Give particulars: 26. Other amounts someone owes you: Example: (unpaid wages, disability payments, sick/vacation pay, workers compensation, Social security, unpaid loans you made to someone else.) 27. Interest in insurance policies. Example: (health, disability, life insurance, homeowners or renters. _ Page 8

9 28. Inheritance (interest in property that is due from someone who has died) 29. Claims against third parties. (accidents, employment disputes, insurance claims or right to sue. 30. Other contingent and unliquidated claims of every nature, including tax refunds, counterclaims of the debtor, and right to setoff claims. Give estimated value of each. 31. Accounts Receivable. 32. Office equipment, furnishings, etc. 33. Machinery, fixtures, equipment and supplies used in business. 34. Inventory. 35. Interests in partnership or joint venture. 36. Farm animals. 37. Crops - growing or harvested. 38. Farming equipment and implements. 39. Farm supplies, chemicals, and feed. 40. Other personal property of any kind not already listed. Itemize. Page 9

10 SCHEDULE D - CREDITORS HOLDING SECURED CLAIMS (List below regular monthly payments on any items such as homes, automobiles, boats, etc.) Type of Property: Approximate Date Purchased Property: Account Number: Current Balance Owed: Monthly Payment Amount: _ Are you Delinquent in any monthly payments at this time? [ ] Yes [ ] No If so, when did you last make a payment: Current Market Value of Property: Name of co-debtor (if any): Is debt owed by husband, wife, community, or jointly? Type of Property: Approximate Date Purchased Property: Account Number: Current Balance Owed: Monthly Payment Amount: _ Are you Delinquent in any monthly payments at this time? [ ] Yes [ ] No If so, when did you last make a payment: Current Market Value of Property: Name of co-debtor (if any): Is debt owed by husband, wife, community, or jointly? Page 10

11 Type of Property: Approximate Date Purchased Property: Account Number: Current Balance Owed: Monthly Payment Amount: _ Are you Delinquent in any monthly payments at this time? [ ] Yes [ ] No If so, when did you last make a payment: Current Market Value of Property: Name of co-debtor (if any): Is debt owed by husband, wife, community, or jointly? Type of Property: Approximate Date Purchased Property: Account Number: Current Balance Owed: Monthly Payment Amount: _ Are you Delinquent in any monthly payments at this time? [ ] Yes [ ] No If so, when did you last make a payment: Current Market Value of Property: Name of co-debtor (if any): Is debt owed by husband, wife, community, or jointly? Page 11

12 SCHEDULE E - PRIORITY CLAIMS TYPES OF PRIORITY [ ] EXTENSIONS OF CREDIT IN AN INVOLUNTARY CASE. Claims arising in the ordinary course of the debtor s business or financial affairs after the commencement of the case but before the earlier of the appointment of a trustee or the order for relief. Please itemize below. [ ] WAGES, SALARIES, AND COMMISSIONS. Wages, salaries and commissions, including vacation, severance, and sick leave pay owing to employees, up to a maximum of per employee, earned within 90 days immediately prior to filing of the this bankruptcy petition, or the cessation of business, which ever occurs first. Please itemize below. [ ] CONTRIBUTIONS TO EMPLOYEE BENEFIT PLANS. Money owed to employee benefit plans for services rendered within 180 days immediately prior to the filing of this bankruptcy petition, or the cessation of business, whichever occurs first. Please itemize below. [ ] CERTAIN FARMERS AND FISHERMEN. Claims of certain farmers and fishermen, up to a maximum of $2000 per farmer or fisherman, against the debtor. Please itemize below. [ ] DEPOSITS BY INDIVIDUALS. Claims of individuals up to a maximum of $900 for deposits for the purchase, lease, or rental of property or services for personal, family, or household use that were not delivered or provided. Please itemize below. [ ] TAXES AND OTHER DEBTS OWED TO GOVERNMENTAL AGENCIES, SUCH AS COURTS AND THE IRS. Taxes, court costs, customs duties, and penalties owing to federal, state, and local governmental units. Balance of Debt: Monthly Payment Amount: To Whom Debt is Owed: For What: Case Name (if any): Balance of Debt: Monthly Payment Amount: To Whom Debt is Owed: For What: Case Name (if any): Page 12

13 SCHEDULE F - UNSECURED CLAIMS List all personal loans, credit card, charge accounts, medical bills, collection agencies, NSF checks, student loans, and other debts, which are unsecured. Add additional pages if necessary. OR IF YOU HAVE A STACK OF BILLS, you do not need to re-write things here, just bring in the stack of bills. Or you can log onto and print out a credit report. IT MUST BE A CREDIT REPORT THAT LISTS the ADDRESSES. Balance of Account: Account Number: Balance of Account: Account Number: Balance of Account: Account Number: Page 13

14 Balance of Account: Account Number: Balance of Account: Account Number: Balance of Account: Account Number: Page 14

15 Balance of Account: Account Number: Balance of Account: Account Number: Balance of Account: Account Number: Page 15

16 Balance of Account: Account Number: Balance of Account: Account Number: Balance of Account: Account Number: Balance of Account: Account Number: Page 16

17 Balance of Account: Account Number: Balance of Account: Account Number: Balance of Account: Account Number: Page 17

18 SCHEDULE G - EXECUTORY CONTRACTS AND UNEXPIRED LEASES List any and all leases which you owe, whether involving real estate, motor vehicles or equipment. Explain each listed lease. List the name and mailing address, including zip code, for each person who is a party to the lease or contract. ================================================================== SCHEDULE H - CODEBTORS List the name and address of each person who may be jointly liable on any debt you owe, such as a former spouse, business partner or cosigner on a loan. Also list the debt for which there may be joint liability with another person (other than your current spouse). Page 18

19 SCHEDULE I Current Income Give estimated average current monthly income of debtor and spouse. Current monthly gross wages, salary, and commissions (pro rata if not paid monthly) Estimated monthly overtime Debtor Spouse $ $ $ $ SUBTOTAL $ $ LESS PAYROLL DEDUCTIONS A. Payroll taxes and social security $ $ B. Insurance $ $ C. Union dues $ $ D. Other [specify ] $ $ SUBTOTAL OF PAYROLL DEDUCTIONS SUBTOTAL NET MONTHLY TAKE HOME PAY $ $ $ $ Other Income A. Regular income from operation of business or profession or farm $ $ B. Income from real property $ $ C. Interest and dividends $ $ D. Alimony, maintenance or support payments received by debtor for the debtor's use or dependents listed above. $ $ E. Social Security or other government assistance [specify ] $ $ F. Pension or retirement income $ $ G. Other monthly income $ $ [specify ] TOTAL MONTHLY INCOME $ $ Describe any increase or decrease of more than 10% in any of the above categories anticipated to occur within the year following the filing of this document: Page 19

20 SCHEDULE J - CURRENT EXPENDITURES OF INDIVIDUAL DEBTORS A. Rent or home mortgage payment 1. Real estate taxes 2. Property, homeowner s, or renter s insurance 3. Home maintenance, repair and upkeep expenses 4. HOA or condominium dues B. Additional mortgage payments for your residence (home equity) C. Utilities 1. Electricity, heat and natural gas 2. Water, sewer, garbage collection 3. Telephone, cell phone, internet, satellite and cable services 4. Other. Specify D. Food and housekeeping supplies E. Childcare and children s education costs F. Clothing, laundry, and dry cleaning G. Personal care products and services H. Medical and dental expenses I. Transportation (gas, maintenance, bus/train fare) J. Entertainment, clubs, recreation, newspapers, magazines, books. K. Charitable contributions and religious donations L. Insurance 1. Life insurance 2. Health insurance 3. Vehicle insurance 4. Other insurance. Specify: M. Taxes. Do not include taxes deducted from pay N. Installment or lease payments 1. Car payment for vehicle 1 2. Car payment for vehicle 2 3. other. Specify: 4. other. Specify: O. Your payments of alimony, maintenance and support That you did not report as deducted from your pay On Schedule I. P. Other payments you make to support others who do not live With you. Specify: Q. Other real property expenses 1. Mortgages on OTHER property 2. Real estate taxes 3. Property, homeowner s or renters insurance 4. Maintenance, repair, and upkeep expenses Page 20

21 5. HOA or condominium dues R. Other. Specify: TOTAL MONTHLY EXPENSES Do you expect an increase or decrease in your expenses within the year after you file this form? If yes, please explain below: Page 21

22 STATEMENT OF FINANCIAL AFFAIRS 1. Income from employment or operation of business State the gross amount of income you have received from employment, trade or profession, or from operation of a business from the beginning of this calendar year to the date this case was commenced. Also state the gross amounts received during the two years immediately preceding this calendar year. If a joint petition is filed, state income for each spouse separately. Income Husband Income Wife LIST HUSBAND AND WIFE S INCOME SEPARATELY FOR EACH YEAR; MUST LIST SEPARATELY Year to Date Earnings: Previous Years Earnings: 2 year before Earnings: 2. Income other than from employment or operation of business State the amount of income received by the debtor other than from employment, trade, profession, or operation of the debtor's business during the two years immediately preceding the commencement of this case. Give particulars. If a joint petition is filed, state income for each spouse separately. Year to Date Receipts Prior Years Earnings: 2 years before Earnings: 3. Payments to creditors Source of Source of Amount Income Husband Income Wife A. List all payments made on loans, installment purchases of goods or services, and other debts, for more than $600 to any creditor, made within 90 days immediately prior to commencement of this case. Page 22

23 B. List all debt payments made within one year immediately prior to the commencement of this case to family members or business partners. 4. Suits, executions, garnishments and attachments A. List all suits to which you have been a party within the last year. B. Describe all property that has been attached, garnished or seized under any legal or equitable process within one year immediately preceding the commencement of this case. 5. Repossessions, foreclosures and returns List all property that has been repossessed by a creditor, sold at a foreclosure sale, transferred through a deed in lieu of foreclosure or returned to the seller, within the last year. 6. Assignments and receiverships A. Describe any assignment of property for the benefit of creditors made within the last 120 days. B. List all property which has been in the hands of a custodian, receiver, or courtappointed official within the last year. Page 23

24 7. Gifts List all gifts or charitable contributions made within the last year, except ordinary and usual gifts to family members totaling less than $200 in value per individual family member and charitable contributions totaling less than $100 per recipient. 8. Losses List all losses from fire, theft, other casualty or gambling within the last year. 9. Payments related to debt counseling or bankruptcy List all payments made or property transferred by you to any persons, including attorneys, for consultation concerning debt consolidation, relief under the bankruptcy law or preparation of a petition in bankruptcy within the last year. 10. Other transfers List all other property, other than property transferred in the ordinary course of business, transferred by you within the last TWO years. 11. Closed Financial Accounts List all financial accounts and instruments held in your name or for your benefit which were closed, sold, or otherwise transferred within the last year. Include checking, savings, or other financial accounts, certificates of deposit, or other instruments; shares and share accounts held in banks, credit unions, pension funds, cooperatives, associations, brokerage houses and other financial institutions. Page 24

25 12. Safe deposit boxes List each safe deposit or other box or depository in which you have or had securities, cash, or other valuables within the last year. 13. Setoffs List all setoffs made by any creditor, including a bank, against a debt or deposit within the last 90 days. 14. Property held for another person List all property owned by another person that you have in your possession or which you control. 15. Prior address If you have moved within the last two years, list all addresses where you lived. If a joint petition is filed, list any separate address for both spouses. 16. Former Spouses List the names of your former spouse(s), if any, if the dissolution occurred within the past eight years. Page 25

26 REAFFIRMATION OF DEBTS A. Property to Be Surrendered. (i.e., car, boat, furniture, which is secured by a debt.) (Property you will return to creditors in exchange for discharging the debt.) Property Description Balance of Account Monthly Payment Date last payment was made Name of Creditor B. Property to Be Retained (i.e., car, boat, furniture, which is security for a debt.) (This means that you want to keep the property and continuing paying on the debt.) Property Description Balance of Account Monthly Payment Date last payment was made Name of Creditor The Bankruptcy Code requires that you enter into a Reaffirmation Agreement with each of the creditors named above within 45 days of the filing of your bankruptcy. Page 26

27 STATEMENT OF FINANCIAL AFFAIRS FOR DEBTORS ENGAGED IN BUSINESS The following questions are to be completed by every debtor that is a corporation or partnership and by any individual debtor who is or has been, within the two years immediately preceding the commencement of this case, any of the following: an officers, director, managing executive, or owner of more than 5 percent of the voting securities of a corporation; a partner, other than a limited partner, of a partnership; a sole proprietor or otherwise self-employed. 16. Nature, location and name of business A. If the debtor is an individual, list the names and addresses of all businesses in which the debtor was an officer, director, partner, or managing executive of a corporation, partnership, sole proprietorship, or was a self-employed professional within the two years immediately preceding the commencement of this case, or in which the debtor owned 5 percent or more of the voting or equity securities within the two years immediately preceding the commencement of this case. B. If the debtor is a partnership, list the names and addresses of all businesses in which the debtor was a partner or owned 5 percent or more of the voting securities, within the two years immediately preceding the commencement of this case. C. If the debtor is a corporation, list the names and addresses of all businesses in which the debtor was a partner or owned 5 percent or more of the voting securities, within the two years immediately preceding the commencement of this case. 17. Books, records and financial statements A. List all bookkeepers and accountants who within the six years immediately preceding the filing of this bankruptcy case kept or supervised the keeping of books of account and records of the debtor. B. List all firms or individuals who within the two years immediately preceding the filing of this bankruptcy case have audited the books of account and records, or prepared a financial statement of the debtor. Page 27

28 C. List all firms or individuals who at the time of the commencement of this case were in possession of the books of account and records of the debtor. If any of the books of account and records are not available, explain. D. List all financial institutions, creditors and other parties, including mercantile and trade agencies, to whom a financial statement was issued within the two years immediately preceding the commencement of this case by the debtor. 18. Inventories A. List the dates of the last two inventories taken of your property, the name of the person who supervised the taking of each inventory, and the dollar amount and basis of each inventory. B. List the name and address of the person having possession of the records of each of the two inventories reported in A., above. 19. Current Partners, Officers, Directors, and Shareholders A. If the debtor is a partnership, list the nature and percentage of partnership interest of each member of the partnership. Page 28

29 B. If the debtor is a corporation, list all officers and directors of the corporation, and each stockholder who directly or indirectly owns, controls, or holds five percent or more of the voting securities of the corporation. 20. Former Partners, Officers, Directors, and Shareholders A. If the debtor is a partnership, list each member who withdrew from the partnership within one year immediately preceding the commencement of this case. B. If the debtor is a corporation, list all officers, or directors whose relationship with the corporation terminated within one year immediately preceding the commencement of this case. 21. Withdrawals from a partnership or distributions by a corporation. If the debtor is a partnership or corporation, list all withdrawals or distributions credited or given to an insider, including compensation in any form, bonuses, loans, stock redemptions, options exercised and any other perquisite during one year immediately preceding the commencement of this case. Page 29