IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA BEAUFORT DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Similar documents
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION

SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE SELF-HELP CENTER CLAIM OF EXEMPTION FOR LEVY ON PERSONAL PROPERTY

80th OREGON LEGISLATIVE ASSEMBLY Regular Session. Senate Bill 519

. the court ordered that the judgment debtor named in 2 may pay the judgment described

State and Federal Bankruptcy Exemptions

FOR INTERNAL USE ONLY NOT FOR USE WITH OR DISTRIBUTION TO THE PUBLIC

IN THE JUSTICE COURT OF TOWNSHIP IN AND FOR THE COUNTY OF, STATE OF NEVADA AFFIDAVIT CLAIMING EXEMPTION FROM EXECUTION

SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE SELF-HELP CENTER SMALL CLAIMS: REQUEST TO MAKE PAYMENTS

JUSTICE COURT, TOWNSHIP OF CLARK COUNTY, NEVADA., Case No.: Plaintiff(s), Dept. No.:

Selected State Policies Governing Termination or Garnishment of Public Pensions

BANKRUPTCY CHAPTER 7 (aka Discharge or Liquidation )

Ohio Exemption Best Practices. (Or at least some suggestions...)

CIRCUIT COURT OF ILLINOIS. Sixth Judicial Circuit Champaign County

Madison National Life Insurance Company, Inc. P.O. BOX 2865 CLINTON, IA Telephone: Extension 2410 Fax:

Bankruptcy. Consider these questions and answers to determine whether filing for bankruptcy is in your long-term best interest.

MORTGAGE LENDER LICENSE APPLICATION PACKET

Termination Final Pay Requirements

Instructions for Form 5330

EXEMPT PROPERTY CONTENTS

Out-of-state collectors may be able to obtain limited license or may bypass license requirement. Call collection agency administrator.

) ) ) ) ) ) CHAPTER 13 PLAN [ ] MOTION(S) TO VALUE COLLATERAL AND [ ] MOTION(S) TO AVOID LIENS [check box if motion(s) included] CHAPTER 13 PLAN

Non-Financial Change Form

Impacts of Prepayment Penalties and Balloon Loans on Foreclosure Starts, in Selected States: Supplemental Tables

HOSPITAL INDEMNITY CLAIM FORM

BANKRUPTCY CHECKLIST

B. (16) Health insurance proceeds. ORS Insurance company security deposits. Credit uni on shares. ORS

Kentucky , ,349 55,446 95,337 91,006 2,427 1, ,349, ,306,236 5,176,360 2,867,000 1,462

ATHENE Performance Elite Series of Fixed Index Annuities

LIQUIDATION UNDER CHAPTER 7 QUESTIONS AND ANSWERS ABOUT CHAPTER 7 BANKRUPTCIES

Introduction. Being a Conservator is an important job; it isn t for the faint of heart, or those that are not dedicated to the job.

Official Form 410 Proof of Claim 12/15

LoanLiner Credit/Security Agreement Plus and Voluntary Payment Protection

Co-Debtor [Questionnaire Answers Under Oath]:

SELECTED STATUTES & CASE LAW THAT IMPACT THE INTERPLAY BETWEEN BANKRUPTCY & MATRIMONIAL LAW & THE FACT PATTERN By Emily Harper

The Effect of the Federal Cigarette Tax Increase on State Revenue

Producer ( Distributor ) Commission Schedule

Systematic Distribution Form

Official Form 410 Proof of Claim

Black and Buono P.C. DEBTOR S QUESTIONNAIRE

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA

Ability-to-Repay Statutes

LAW FIRM PROFESSIONAL LIABILITY APPLICATION

GUARANTEE TRUST LIFE INSURANCE COMPANY Credit Claim Service Center P.O. Box 1145 Glenview, IL Phone: Fax:

COUNTY OF RENVILLE EIGHTH JUDICIAL DISTRICT. (Financial institution) IMPORTANT NOTICE YOUR FUNDS HAVE BEEN LEVIED

IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. Chapter 13 Trustee Procedures for

[FORM 6:SS] CALIFORNIA PRACTICE GUIDE: ENFORCING JUDGMENTS AND DEBTS FORMS QUESTIONNAIRE FOR JUDGMENT DEBTOR EXAMINATION. 1. Name of judgment debtor

Workers Compensation Coverage: Technical Note on Estimates

DEPARTMENT OF VETERANS AFFAIRS SUMMARY: This notice provides information to participants in the Department of

Essential Protection for Policyholders. State Rankings of Homeowners Insurance Protections: Consumer Remedies

If the foreign survivor of the merger is on the record what do you require?

Official Form 410 Proof of Claim

PAY STATEMENT REQUIREMENTS

(In effect as of January 1, 2006*) TABLE 17. OFFSET PROVISIONS IN STATE WORKERS' COMPENSATION LAWS

Economic Stimulus Payment Guide for Benefit Recipients

Dependent Verif ication Form

Chapter 3. 11:15 11:45am. Chapter 13 for Small Business. Gloria Z. Nagler Nagler & Malaier, P.S.

UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA

Information Subpoena & Written Questions

Name of the current creditor (the person or entity to be paid for this claim) City State ZIP Code

GARNISHMENT WHAT IS A GARNISHMENT? WHAT TYPES OF MONEY CANNOT BE GARNISHED?

State Individual Income Tax Rates for Retirement Income as of January 31, 2015 Presented by Timothy Weller

Overview of Sales Tax Exemptions for Agricultural Producers in the United States

Required Minimum Distribution Election Form for IRA s, 403(b)/TSA and other Qualified Plans

Instructions for Form 5330 (Revised August 1998)


SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO NOTICE OF SETTLEMENT OF CLASS ACTION

TA X FACTS NORTHERN FUNDS 2O17

May 29, Important Information Concerning Changes To Your Overdraft Line Of Credit

2012 RUN Powered by ADP Tax Changes

Pay Frequency and Final Pay Provisions

State Individual Income Taxes: Personal Exemptions/Credits, 2011

Checkpoint Payroll Sources All Payroll Sources

Version 1.0. Last Edit: May 14, 2017

2014 STATE AND FEDERAL MINIMUM WAGES HR COMPLIANCE CENTER

Hired and Non-Owned Liability Supplemental Application All questions must be answered in full. Application must be signed and dated by the applicant.

Pension/Profit Sharing/401(k) Annuity Surrender Request for Qualified Plans With MetLife Tax Reporting Fax:

SUPPLEMENTAL APPLICATION FOR PROFESSIONAL EMPLOYER ORGANIZATIONS AND TEMP FIRMS

Exhibit 57A. Approved Attorney Fees and Title Expenses

Financial Transaction Form for IRA and Non-Qualified Contracts Only

State Corporate Income Tax Collections Decline Sharply

Texas Instruments, Inc. Qualified Domestic Relations Order Procedures. Updated June, 2014

Technology Usage and Electronic Invoice Submission Charges to Attorneys and Trustees

MEDICAL/SICKNESS CLAIM FORM

Arbitration Claim INSTRUCTIONS TO CLAIMANT INSTRUCTIONS TO RESPONDENT

American Economics Group Clear and Effective Economic Analysis. American Economics Group

Case 3:16-cv MAS-LHG Document 1 Filed 01/29/16 Page 1 of 5 PageID: 1

Minnesota Judicial State Court Salaries

Interest Table 01/04/2010

SPECIAL INSTRUCTIONS

WORKERS COMPENSATION SUBROGATION IN ALL 50 STATES

MEDICAID BUY-IN PROGRAMS

Livestock Related Exposures Supplemental Application

Varies by State from 17% to 23%.

Hunting Club/Hunting Preserve Application

Recourse for Employees Misclassified as Independent Contractors Department for Professional Employees, AFL-CIO

State Government Indigent Defense Expenditures, FY Updated

Crane And Rigging Supplemental Application

2018 Business Insurance Conference September 26 28, 2018 Chicago, IL

2011 Federal and State Tax Guide

United States District Court for the Southern District of Ohio NOTICE OF CLASS ACTION SETTLEMENT

Transcription:

9:14-cv-00230-RMG Date Filed 02/10/16 Entry Number 193 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA BEAUFORT DIVISION The United States of America and the States of North Carolina, California, Colorado, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Louisiana, Michigan, Minnesota, New Jersey, New York, Tennessee, Texas, Virginia and Wisconsin, ex rel. Scarlett Lutz, Kayla Webster, Dr. Michael Mayes and Chris Reidel, vs. Plaintiffs, Berkeley Heartlab, Inc., BlueWave Healthcare Consultants, Inc., Latonya Mallory, Floyd Calhoun Dent, III and Robert Bradford Johnson, Defendants. CA No.: 9:14-cv-00230-RMG (Consolidated with 9:11-cv-1593-RMG and 9:15-cv-2485-RMG Clerk s Notice of Prejudgment Attachment and Garnishment TO: Trini D Island LLC You are hereby notified that the funds and assets listed in the attached documentation are being taken by the United States of America (the Government which says that BlueWave Healthcare Consultants, Inc. and Floyd Calhoun Dent, III owes it a debt of $240,000,000, and $58,000,000, respectively, before interest, for their role in a scheme to defraud the United States and has filed a lawsuit to collect this debt. The Government says that is must take this property at this time because it entitled to prejudgment remedies under the Federal Debt Collection Procedures Act, 28 U.S.C. 3101(b(1(B, 3304(b. The Government wants to make sure that BlueWave Healthcare Consultants, Inc. and Floyd Calhoun Dent, III will pay if the court determines that this money is owed.

9:14-cv-00230-RMG Date Filed 02/10/16 Entry Number 193 Page 2 of 11 In addition, YOU ARE HEREBY NOTIFIED that there are exemptions under the law which may protect some of the property from being taken by the Government if you can show that the exemptions apply. Attached in the Claim for Exemptions Form is a summary of the major exemptions which apply in most situations in the State of South Carolina. If you are BlueWave Healthcare Consultants, Inc., or Floyd Calhoun Dent and you disagree with the reason the Government gives for taking your property now, or if you think you do not owe the money to the Government that it says you do, or if you think the property the Government is taking qualifies under one of the above exemptions, you have a right to ask the court to return your property to you. If you want a hearing, you must promptly notify the court. You must make your request in writing, and either mail it or deliver it in person to the clerk of the court at Clerk of the United States District Court, Charleston Federal Courthouse, 85 Broad Street, Charleston, S.C. 29401. If you wish, you may use this notice to request the hearing by checking the box below and mailing this notice to the court clerk. You must also send a copy of your request to the Government at United States Department of Justice Civil Division, Ben Franklin Station PO Box 261, Washington, DC 20044, Attention: Mary Chris Dobbie, so the Government will know you want a hearing. The hearing will take place within 5 days after the clerk receives your request, if you ask for it to take place that quickly, or as soon after that as possible. At the hearing you may explain to the judge why you think you do not owe the money to the Government, why you disagree with the reason the Government says it must take your property at this time, or why you believe the property the Government has taken is exempt or belongs to someone else. You may make any or all of these explanations as you see fit. 2

9:14-cv-00230-RMG Date Filed 02/10/16 Entry Number 193 Page 3 of 11 If you think you live outside the Federal judicial district in which the court is located, you may request, no later than 20 days after you receive this notice, that this proceeding to take your property be transferred by the court to the Federal Judicial district in which you reside. You must make your request in writing, and either mail it or deliver it in person to the Clerk of Court, Charleston Federal Courthouse, 85 Broad Street, Charleston, South Carolina 29401. You must also send a copy of your request to the Government in care of United States Department of Justice Civil Division, Ben Franklin Station PO Box 261, Washington, DC 20044, Attention: Mary Chris Dobbie, so the Government will know you want the proceeding to be transferred. Be sure to keep a copy of this notice for your own records. If you have any questions about your rights or about this procedure, you should contact a lawyer, an officer of public legal assistance, or the Clerk of the Court. The Clerk is not permitted to give legal advice, but can refer you to other sources of information. February 10, 2016 DATED: This day of,. ROBIN L. BLUME CLERK, UNITED STATES DISTRICT COURT BY: s/sandra Shealy DEPUTY CLERK 3

9:14-cv-00230-RMG Date Filed 02/10/16 Entry Number 193 Page 4 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA BEAUFORT DIVISION The United States of America and the States of North Carolina, California, Colorado, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Louisiana, Michigan, Minnesota, New Jersey, New York, Tennessee, Texas, Virginia and Wisconsin, ex rel. Scarlett Lutz, Kayla Webster, Dr. Michael Mayes and Chris Reidel, vs. Plaintiffs, Berkeley Heartlab, Inc., BlueWave Healthcare Consultants, Inc., Latonya Mallory, Floyd Calhoun Dent, III and Robert Bradford Johnson, Defendants. CA No.: 9:14-cv-00230-RMG (Consolidated with 9:11-cv-1593-RMG and 9:15-cv-2485-RMG REQUEST FOR HEARING AND INSTRUCTIONS ON HOW TO CLAIM EXEMPTIONS I do not request a hearing in the above matter. I do request a hearing because: I object to garnishment on the following grounds: The property that the Government is taking is exempt for the reasons checked on the Claim For Exemption form attached to this request. I certify that this Original Request for Hearing and Claim for Exemptions (if made was mailed or delivered to: 4

9:14-cv-00230-RMG Date Filed 02/10/16 Entry Number 193 Page 5 of 11 Clerk of the United States District Court at Charleston Federal Courthouse 85 Broad Street Charleston, S.C. 29401 And that a true and correct copy of this Request for Hearing and Claim for Exemptions (if made was mailed or delivered to: Mary Chris Dobbie Trial Attorney U.S. Department of Justice 601 D Street N.W. Washington, D.C. 20004 Defendant s Signature Address: Defendant s Printed Name Date: Telephone No. [Include Area Code] 5

9:14-cv-00230-RMG Date Filed 02/10/16 Entry Number 193 Page 6 of 11 NOTICE REGARDING PROCEDURES TO CLAIM EXEMPTIONS The attached prejudgment process has been issued on request of the United States of America. The law provides that certain property and wages cannot be taken. Such property is said to be exempted. This Notice lists the exemptions under Federal law and South Carolina law. There is no exemption solely because you are having difficulty paying your debts. If you claim an exemption, you should (i fill out the claim for exemption form and (ii deliver or mail the form to the Clerk s Office of this Court and counsel for the United States. You have a right to a hearing within five (5 business days, or as soon as practicable, from the date you file your claim with the Court. If the United States of America, as creditor, is asking that your wages be withheld, the method of computing the amount of wages which are exempt from garnishment by law is indicated on the Claim for Exemption Form, which is attached. You do not need to file a claim for exemption to receive this exemption, but if you believe the wrong amount is being withheld, you may file a claim for exemption. If the attached process has been issued prejudgment your wages are absolutely exempt from prejudgment garnishment. For a prejudgment garnishment you do not need to file a claim for exemption to receive this exemption, but if you believe your earnings are being withheld, you may file a claim for exemption. On the day of the hearing, you should come to court ready to explain why your property is exempted, and you should bring any documents which may help you prove your case. If you do not come to court at the designated time and prove that your property is exempt, you may lose some of your rights. It may be helpful to you to seek the advice of an attorney in this matter. 6

9:14-cv-00230-RMG Date Filed 02/10/16 Entry Number 193 Page 7 of 11 CLAIM FOR EXEMPTION FORM I,, claim that the exemption(s from which are checked below apply in this case: LIST OF EXEMPTIONS A. MAJOR EXEMPTIONS UNDER FEDERAL LAW 1. Social Security benefits and Supplemental Security (42 U.S.C. 407. 2. Veterans benefits (38 U.S.C. 5301. 2a. Members of armed services (10 U.S.C. 1440. 3. Federal civil service retirement benefits (5 U.S.C. 8346 and 22 U.S.C. 4060(c. 4. Annuities to survivors of federal judges (28 U.S.C. 376(n 5. Longshoremen and Harbor Worker s Compensation Act (33 U.S.C. 916. 6. Blank lung benefits (30 U.S.C. 931(b(2(F and 932(a. 6a. Seaman s, master s, or fisherman s wages, except for child support or spousal support and maintenance (46 U.S.C.A. 11108(a-11109(a-c. Exemptions 1 through 6 above many not be applicable in child support and alimony cases (42 U.S.C. 659. 6b. Railroad retirement, pension, unemployment benefits (45 U.S.C. 231(m, 352(e. 7. Bankruptcy Code (11 U.S.C. 522(d which generally provides exemptions for: (a (b $22,975 of equity in your residence. $3,675 of equity in a motor vehicle. (c Jewelry worth up to $1,550. (d Personal property worth up to $12,250. (However, no single item worth more than $575 can be claimed as exempt. 7

9:14-cv-00230-RMG Date Filed 02/10/16 Entry Number 193 Page 8 of 11 (e (f (g (h (i (j (k (l Property totaling up to $1,225 in value, plus up to $11,500 of any unused amount of the exemption provided in number 11(a above. $2,300 of equity in professional books, implements or tools, of your trade or your dependant's trade. Any unmatured life insurance contract you own, other than credit life insurance. The aggregate value, up to $12,250, of any accrued dividend or interest under, or loan value of, any unmatured life insurance contract you own, but only if you are the insured or you are a dependant of the insured. Professionally prescribed health aids for you or your dependants. Unemployment compensation benefits, local public assistance benefits, disability benefits, illness benefits; and alimony, support, and separate maintenance, to the extent these items are reasonably necessary for your support or the support of your dependants. A payment under a stock bonus, pension, profit-sharing, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, to the extent reasonably necessary for your support or the support of your dependants, subject to the limitations set forth at Title 11 United States Code Section 522(d(10(E(I-(iii. Your right to receive, or property that is traceable to, - an award under a crime victim's reparation law; - a payment on account of the wrongful death of an individual of whom you were a dependant, but only to the extent reasonably necessary for your support or the support of your dependants; - a payment under a life insurance contract that insured an individual of whom you were a dependant on the date of the insured's death, but only to the extent reasonably necessary for your support or the support of your dependants; - a payment, not to exceed $22,975, on account of personal bodily injury suffered by you or by an individual of whom you are a dependant; however, payment for pain and suffering or payment to compensate actual pecuniary loss are not exempt under this paragraph; - a payment in compensation of loss of your future earnings or the future earnings of an individual of whom you are, or were, a dependant, but only to the extent reasonably necessary for your support or the support of your dependants. 8

9:14-cv-00230-RMG Date Filed 02/10/16 Entry Number 193 Page 9 of 11 B. MAJOR EXEMPTIONS UNDER SOUTH CAROLINA LAW NOTE: NOTE: The law of the state where you have been domiciled for at least 180 days governs your rights. If you have selected the Bankruptcy Code exemptions (line 7 above, you may not also claim the state law exemptions listed below. 8. 9. 10. 11. 12. 13. Homestead: Exempted amount up to $58,225. Joint ownership maximum $116,510. One Motor Vehicle: The debtor's interest, not to exceed $5,825 in value. Household Goods: The debtor's interest, not to exceed $5,825 in aggregate value in household furnishings, household goods, wearing apparel, appliances, books, animals, crops, or musical instruments, that are held primarily for the personal, family, or household use of the debtor or a dependent of the debtor. Jewelry: The debtor's aggregate interest, not to exceed $1,175 in value, in jewelry held primarily for the personal, family, or household use of the debtor or a dependent of the debtor. Cash and Liquid Assets: The debtor's aggregate interest in cash and other liquid assets to the extent of a value not exceeding $5,825, except that this exemption is available only to an individual who does not claim a homestead exemption. The term liquid assets includes deposits, securities, notes, drafts, unpaid earnings not otherwise exempt, accrued vacation pay, refunds, prepayments, and other receivables. Tools of the Trade: The debtor's aggregate interest, not to exceed $1,750 in value, in any implements, professional books, or tools of the trade of the debtor or the trade of a dependent of the debtor. 15-41-30 (A(1 15-41-30 (A(2 15-41-30 (A(3 15-41-30 (A(4 15-41-30 (A(5 15-41-30 (A(6 9

9:14-cv-00230-RMG Date Filed 02/10/16 Entry Number 193 Page 10 of 11 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. Any Property: The debtor's aggregate interest in any property, not to exceed $5,825 and must be funded from unused amount of exemptions (A(1-(6 of South Carolina State Code 15-41-30. Unmatured Life Insurance: Any unmatured life insurance contract owned by the debtor, other than a credit life insurance contract. Cash Value of Life Insurance: A value not to exceed $4,625. Professionally Prescribed Health Aids: All are exempt if they are prescribed for the debtor or a dependent of the debtor. Social Security: All benefits are exempt. Veteran s Benefits: All benefits are exempt. Retirement: All benefits are exempt. Other Benefits in lieu of Wages: All benefits are exempt. Crime Victims Compensation: An award under a crime victim s reparation law. Bodily Injury Payments: All are exempt. Certain Life Insurance Benefits: A payment under a life insurance contract that insured the life of an individual of whom the debtor was a dependent on the date of that individual's death, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor. 15-41-30 (A(7 15-41-30(A(8 15-41-30 (A(9 15-41-30 (A(10 15-41-30 (A(11 15-41-30 (A(11 15-41-30 (A(11 15-41-30 (A(11 15-41-30 (A(12 15-41-30 (A(12 15-41-30 (A(12 10

9:14-cv-00230-RMG Date Filed 02/10/16 Entry Number 193 Page 11 of 11 Pursuant to 28 U.S.C. 1746(2, I declare under the penalty of perjury that the foregoing claim for exemption and fair market value(s shown above are true and correct. Executed on this, day of, 20, in,. Signature of Defendant Printed Name of Defendant 11