UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY

FOIUv1AN HOLT & ELIADES LLC

218 Route 17 North

Rochelle Park, NJ 07662

(201) 845-1000

Attorneys for Charles M. Forman, Chapter 7 Trustee Jordan A. Wishnew (JA \V-8285)

In Re:

Raymond and Brenda Mickens, Debtors.

CHARLES M. FOIUv1AN, in his capacity as Chapter 7 Trustee of Raymond and Brenda Mickens,

Plaintiff,

against -

BRENDA MICKENS; RAYMOND MICKENS; JArvlES BETHEA, Jr.; the CITY OF PATERSON; FUNB, as custodian for D.H. Associates; FUNB, as custodian for FUNCO, Inc.; FUNB, as custodian for FUNDCO, Inc.; AMERICAN TAX FUNDING, LLC; AlvlERICAN HOME ASSOCIATES; FEDERAL DEPOSIT INSURANCE

CORPORA nON, as assignee ofBROADW A Y BANK & TRUST CO.; the STATE OF NEW JERSEY, DIVISION OF UNEMPLOYMENT AND DISABILITY INSURA.NCE; the PASSAIC COUNTY BOARD OF SOCIAL SERVICES; MARY BOYD; LARONDA D. MOORE; the STATE OF NEW JERSEY, DIVISION OF TAXATION, INHERITANCE TA.,"X BUREAU; AMOCO OIL COMPANY n/k/a BP PRODUCTS NORTH AMERICA, INC.; CAPITAL RESOURCES CORP.; HERTZ CLAIM MANAGEMENT aile/a HCM CLAIM MANAGEMENT CORPORATION, subrogee of RUTH BLACK; NEW JERSEY HIGHER EDUCATION ASSISTANCE AUTHORITY; the STATE OF NEW JERSEY, DEPARTMENT OF THE TREASURY; NE\V JERSEY DIVISION OF MOTOR VEHICLES; BETTIE DAVIS; CATHERINE VANDUNK; VIOLENT CRIMES COMPENSATION BOARD; LOMBARDI'S PLUl\1BING SUPPLY; MERCER COUNTY OFFICE OF THE PUBLIC DEFENDER,

Defendants.

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Chapter 7

Case No. 99-35343 (RG)

Adv. Pro. No.

2

COMPLAINT DETERMINING EXTENT, VALIDITY AND PRIORITY OF LIENS; AVOIDING JUDGMENT LIENS; DIRECTING AN ACCOUNTING AND TURNOVER OF RENTS TO THE ESTATE; AND AUTHORIZING SALE OF PROPERTY FREE AND CLEAR OF INTEREST OF CO-OWNER; AND FOR OTHER RELIEF

Charles M. Forman, the Chapter 7 Trustee herein (the "Plaintiff' or "Trustee"), by and through his attorneys, Forman Holt & Eliades LLC, by way of complaint, respectfully states and

sets forth as follows:

PROCEDURAL HISTORY

1. On May 10, 1999 (the "Petition Date"), Raymond and Brenda Mickens (the

"Debtors") filed a voluntary Chapter 7 petition for relief in the United States Bankruptcy Court

for the District of New Jersey (the "Bankruptcy Court").

2. On June 2, 1999, Andrew Radmin was appointed as the interim trustee in the

Debtor's Chapter 7 case.

3. On October 5, 1999, an Order Discharging Debtor Brenda Mickens and Debtor

Raymond Mickens was entered.

4. On November 13, 2000, the Debtors made a Motion to Reopen their Chapter 7

Case and Add a Creditor. On December 27, 2000, the Order Granting Motion to Reopen Case

and Add a Creditor was entered.

5. On May 14, 2002, a Motion to Reopen Case To Add Property and Claim

Exemption was filed, and on July 9, 2002, an Order to Reopen Debtors' Chapter 7 Bankruptcy

Case to Add Property and Claim Exemption was entered.

6. On July 25, 2002, Charles M. Forman ("Plaintiff' or "Trustee") was appointed as

the successor Trustee in the Debtor's reinstated Chapter 7 case.

JURISDICTION

7. This adversary proceeding is brought within Case No. 99-35343 (RG) now pending

in this Court.

3

8. This Court has jurisdiction over this adversary proceeding pursuant to 28 US.c.

§157 and 1334 and Fed. R. Bankr. P. 7001(1), (2) and (3) and 11 US.C. §§363, 506, 541, 542 and 544.

9. This is a core proceeding pursuant to 28 US.c. § 157(b )(2) (A), (E), (K) and tN).

THE PARTIES

10. Upon information and belief, the Debtors are individuals both residing at 258 8th

Avenue, Paterson, New Jersey 07514.

11. Upon information and belief, James Bethea, Jr. is an individual residing at 320

Vreeland Avenue, Paterson, New Jersey 07504.

12. Upon information and belief, the City of Paterson is a municipal corporation with

offices located at City Hall, 155 Market St., Paterson, NJ 07505.

13. Upon information and belief, FUNB, as custodian for D.H. Associates, is a

foreign corporation with its principal place of business located at cio Capital Asset Research, 3950 RCA Blvd., Ste. 5001, Palm Beach Garden, FL 33410.

14. Upon information and belief, FUNB, as custodian for FUNCO, Inc., is a foreign

corporation with its principal place of business located at c/o Capital Asset Research, 3950 RCA Blvd., Ste. 5001, Palm Beach Garden, FL 33410.

15. Upon information and belief, FUNB, as custodian for FUNDCO, Inc., is a foreign

corporation with its principal place of business located at c/o Capital Asset Research, 3950 RCA Blvd., Ste. 5001, Palm Beach Garden, FL 33410.

16. Upon information and belief, American Tax Funding, LLC, is a foreign

corporation with its principal place of business located at 630 U.S. Highway One, Suite 300, North Palm Beach, FL 33408.

4

17. Upon information and belief, American Home Associates is a foreign corporation

with its principal place of business at 13351 Hillwood Circle, Port Richey, FL 33568.

18. Upon information and belief, Broadway Bank & Trust CO. IS no longer in

business and the residential loan division is now under the control of the Federal Deposit Insurance Corporation ("FDIC"), a foreign corporation with a regional office located at 20 Exchange Place, Room 6014, New York, NY 10005.

19. Upon information and belief, the State of New Jersey, Division of Unemployment

and Disability Insurance is a state agency located at P.O. Box 110, Trenton, NJ 08625.

20. Upon information and belief, the Passaic County Board of Social Services is a

county agency located at 330 Passaic Street, Paterson, NJ 07055.

21. Upon information and belief, Mary Boyd is an individual with a last known

address at 183 Montgomery Street, Apt 1, Paterson, NJ 07501.

22. Upon information and belief. Laronda D. Moore IS an individual with a last

known address at 225 ~'2 N. 14th Street, Allentown, PA 18102.

23. Upon information and belief, the State of New Jersey, Division of Taxation,

Inheritance Tax Bureau is a state agency located at 50 Barrack Street, P.O. Box 249, Trenton, NJ

08695.

24.

Upon information and belief, Amoco Oil Company n/k/a BP Products North

America, Inc. is a foreign corporation with offices located at 535 Madison Avenue, New York,

NY 10022.

25. Upon information and belief, Capital Resources Corp. is a domestic corporation

last doing business at 992 Clifton Avenue, Clifton, NJ 07013.

5

26. Upon information and belief, Hertz Claim Management a/k/a HCM Claim

Management Corporation, Subrogee of Ruth Black is a foreign corporation doing business at 225 Brae Boulevard, Park Ridge, NJ 07656.

27. Upon information and belief, the New Jersey Higher Education Assistance

Authority is a body corporate politic of the state of New Jersey and is located at 4 Quaker Bridge Plaza, P.O. Box 590, Trenton, NJ 08625.

28. Upon information and belief, the State of New Jersey, Department of the Treasury

is a state department located at State House, P.O. Box 002, Trenton, NJ 08625.

29. Upon information and belief, the New Jersey Division of Motor Vehicles is a state

agency located at 225 E. State Street, Trenton, NJ 08666.

30. Upon information and belief, Bettie Davis is an individual with a last known

address at 399 Stuyvesant Avenue, Apt. 2R, Irvington, NJ 07111.

31. Upon information and belief, Catherine Vandunk LS an individual with a last

known address at 145 E. 31 st Street, Paterson, NJ 07514.

32. Upon information and belief, the Violent Crimes Compensation Board is a state

agency with an address at 60 Park Place, Newark, NJ 07102.

33. Upon information and belief, Lombardi's Plumbing Supply is a domestic

corporation with a contact address clo Broder Credit and Collection, P.O. Box 226, Springfield,

NJ 07081.

34. Upon information and belief, the Mercer County Office of the Public Defender is

a state agency with offices located at 210 South Broad St., Trenton, NJ 08608.

BACKGROUND

35. The Debtors have an interest in certain real property located at 367 East so"

Street, Paterson, New Jersey (the "Property") by virtue of a deed dated July 18, 1994.

6

36. James Bethea, Jr. may have an interest in the Property by virtue of a deed dated

July 18, 1994.

37. Upon information and belief, the Property has a fair market value of not less than

One Hundred and Twenty-Five Thousand ($125,000) Dollars.

COUNT I

(To determine extent, validity and priority of liens)

38. Plaintiff repeats the allegations contained in Paragraph 1 through 37 of the

complaint as if each were set forth herein at length.

39. Upon information and belief, the City of Paterson may assert a lien against the

Property for unpaid real estate and sewer taxes.

40. FUNB, as custodian for D.H. Associates, FUNCO, Inc., and FUNDeO, Inc.,

asserts liens against the Property pursuant to its interest in Tax Sale Certificates/Tax Lien Redemption Worksheets sold by the City of Paterson.

41. American Tax Funding, LLC asserts liens against the Property pursuant to its

interest in Tax Sale Certificates/Tax Lien Redemption Worksheets sold by the City of Paterson.

42. Capital Resources Corp. may have a lien against the Property pursuant to a certain

mortgage recorded on April 7, 1972. Upon information and belief, this mortgage has been satisfied.

43. American Home Associates may have liens against the Property pursuant to

mortgages dated November 29, 1973 and July 11, 1978. Upon information and belief. these mortgages have been satisfied.

44. The Federal Deposit Insurance Corporation ("FDIC"), as assignee of Broadway

Bank & Trust Co., may have liens against the Property pursuant to mortgages dated November 29, 1973 and July 11, 1978. Upon information and belief, these mortgages have been satisfied.

7

45. The State of New Jersey, Division of Unemployment and Disability Insurance

asserts liens against the Property by virtue of judgments against defendant James Bethea docketed on June 18, 1984 and August 20, 1985.

46. The Passaic County Board of Social Services asserts a lien against the Property

pursuant to ajudgment against James Bethea, Jr., entered on October 3,2000.

47. Laronda D. Moore asserts a lien against the Property pursuant to a judgment

against defendant James Bethea, Jr. entered on February 6,2001.

48. The State of New Jersey, Division of Taxation, Inheritance Tax Bureau asserts a

claim or interest in the Property in an amount unknown.

49. Mary Boyd asserts a lien against the Property pursuant to a judgment against

James Bethea, Jr., entered on September 1, 1992.

50. Amoco Oil Company n/k/a BP Products North America, Inc. asserts a Lien against

the Property pursuant to a judgment against James Bethea docketed on October 16, 1985.

5l. HCM Claim Management Corporation, subrogee of Ruth Black asserts a lien

against the Property pursuant to a judgment against James Bethea entered on September 26, 1994.

52. The State of New Jersey Treasurer asserts liens against the Property pursuant to

judgments against James Bethea entered on December 12, 1994 and July 2, 1996, and a judgment against Raymond Mickens entered on February 27,2002.

53. The New Jersey Higher Education Assistance Authority asserts a lien against the

Property pursuant to a judgment docketed on July 25, 1986.

54. The New Jersey Division of Motor Vehicles asserts liens against the Property

pursuant to judgments against James Bethea, Jr. docketed from 1996 through 1998, and a judgment against Ray Mickens docketed on October 29, 1997.

8

55. Bettie Davis asserts a lien against the Property pursuant to a judgment against

Raymond Mickens entered on February 11, 1986.

56. Catherine Vandunk asserts a lien against the Property pursuant to a judgment

against Raymond Mickens i/d/b/a H&H General Contractors and Brain N Muscles and H&H General Contractors Inc. and Brain N Muscles Inc entered on January 19, 1989.

57. The Violent Crimes Compensation Board asserts a lien against the Property

pursuant to ajudgment against Raymond Mickens entered on February 27,2002.

58. Lombardi's Plumbing Supply asserts a lien against the Property pursuant to a

judgment against Raymond Mickens tla H&H General Contractors docketed on September 15,

1988.

59. The Mercer County Office of the Public Defender asserts a lien against the

Property pursuant to a judgment against Raymond Mickens entered on June 15, 200 1.

60. Plaintiff seeks a determination of the extent, validity and priority of the liens asserted

by American Home Associates.

61. Plaintiff seeks a determination of the extent, validity and priority of the liens asserted

by Federal Deposit Insurance Corporation ("FDIC"), as assignee of Broadway Bank & Trust Co.

62. Plaintiff seeks a determination of the extent, validity and priority of the lien, if

any, of the City of Paterson.

63. Plaintiff seeks a determination of the extent, validity and priority of the liens asserted

byFUNB.

64. Plaintiff seeks a determination of the extent, validity and priority of the liens asserted

by American Tax Funding, LLC.

65. Plaintiff seeks a determination of the extent, validity and priority of the liens asserted

by the State of New Jersey, Division of Unemployment and Disability Insurance.

9

66. Plaintiff seeks a determination of the extent, validity and priority of the liens asserted

by Passaic County, Board of Social Services.

67. Plaintiff seeks a determination of the extent, validity and priority of the liens asserted

by Laronda D. Moore.

68. Plaintiff seeks a determination of the extent, validity and priority of the liens asserted

by Mary Boyd.

69. Plaintiff seeks a determination of the extent, validity and priority of the liens asserted

by the State of New Jersey, Division of Taxation, Inheritance Tax Bureau.

70. Plaintiff seeks a determination of the extent, validity and priority of the liens asserted

by Amoco Oil Company n/k/a BP Products North America, Inc.

71. Plaintiff seeks a determination of the extent, validity and priority of the liens asserted

by Capital Resources Corp.

72. Plaintiff seeks a determination of the extent, validity and priority of the liens asserted

by Hertz Claim Management a/k/a HeM Claim Management Corporation, subrogee of Ruth Black.

73. Plaintiff seeks a determination of the extent, validity and priority of the liens asserted

by the New Jersey Higher Education Assistance Authority.

74. Plaintiff seeks a determination of the extent, validity and priority of the liens asserted

by the State of New Jersey, Department of the Treasury.

75. Plaintiff seeks a determination of the extent, validity and priority of the liens asserted

by the New Jersey Division of Motor Vehicles.

76. Plaintiff seeks a determination of the extent, validity and priority of the liens asserted

by Bettie Davis.

77. Plaintiff seeks a determination 0 f the extent, validity and priority of the liens asserted

by Catherine Vandunk.

10

78. Plaintiff seeks a determination of the extent, validity and priority of the liens asserted

by Lombardi's Plumbing Supply.

79. Plaintiff seeks a determination of the extent, validity and priority of the liens asserted

by the Violent Crimes Compensation Board.

80. Plaintiff seeks a determination of the extent, validity and priority of the liens asserted

by the Mercer County Office of the Public Defender.

\v1-IEREFORE, Plaintiff demands judgment pursuant to 11 U.S.C. §506 and 11 U.S.c. §544 determining the extent, validity and priority of the liens, if any, of the City of Paterson; FUNB; American Tax Funding, LLC; American Home Associates; FDIC, as assignee of Broadway Bank & Trust Co.; the State of New Jersey, Division of Unemployment and Disability Insurance; the Passaic County Board of Social Services; Laronda D. Moore; Mary Boyd; the State of New Jersey, Division of Taxation, Inheritance Tax Bureau; Amoco Oil n/k/a BP Products North America, Inc.; Capital Resources Corp.; Hertz Claim Management a/k/a HCM Claim Management Corporation, subrogee of Ruth Black; State of New Jersey, Department of the Treasury; New Jersey Higher Education Assistance Authority; New Jersey Division of Motor Vehicles; Bettie Davis; Catherine Vandunk; Violent Crimes Compensation Board; Lombardi's Plumbing Supply; Mercer County Office of the Public Defender; and granting such other and further relief as is just and proper.

COUNT II

(Avoidance of Mortgages Previously Paid Oft)

81. Plaintiff repeats the allegations contained in paragraph 1 through 80 of the complaint

as if each were set forth at length herein.

11

82. Upon information and belief, the mortgages of Capital Resources Corp., Broadway

Bank & Trust Co. and American Home Associates, Inc. (the "mortgagees") have been fully paid off

83. The Trustee's rights are superior to the rights of the defendant mortgagees pursuant

to 11 U.S.C. §544(a).

84. The aforesaid liens are void as secured claims against the Property under 11 U.S.c.

§506(d) and §502(d).

'VHEREFORE, the Plaintiff demands judgment pursuant to 11 U.S.c. §§502, 506 and 544 declaring that the mortgage liens of the defendant mortgagees named herein are not liens against the Property, are voidable by the Trustee, do not constitute secured claims against the assets of the estate, and granting such other and further relief as is just and proper.

COUNT III (Avoidance of Judgment Liens)

85. Plaintiff repeats the allegations contained in paragraph 1 through 84 ofthe complaint

as if each were set forth at length herein.

86. Attached as Exhibit A is a schedule of judgments indicating numerous judgment

liens against one of the joint debtors, Raymond Mickens, which judgments range from 1986 through 2002.

87. Upon information and belief, none of the defendants listed in Exhibit A have levied

and executed upon the Debtor's property.

88. The Trustee's rights are superior to the rights of the defendant judgment lien holders

pursuant to 11 U.S.c. §544(a).

89. The aforesaid liens are void as secured claims against the Property under 11 U.S.c.

§506(d) and §502(d).

12

\vTIEREFORE, the Plaintiff demands judgment pursuant to 11 U.S.c. §§502, 506 and 544 declaring that the judgment liens of the defendants named herein are not liens against the Property, are voidable by the Trustee, do not constitute secured claims against the assets of the estate, and granting such other and further relief as is just and proper.

COUNT IV

(Turnover of Property to the Estate and an Accounting)

90. Plaintiff repeats the allegations contained in paragraph 1 through 89 of the complaint

as if each were set forth at length herein.

91. James Bethea, Jr. ("James") had been residing at the Property and remained in

possession since 1994.

92. Upon information and belief, James is no longer living at the Property and currently

is living with his cousin, Luella Thompson.

93. Upon information and belief, James had asserted, at various times, exclusive

dominion and control over the Property.

94. Upon information and belief, James had frequently rented rooms at the Property,

collected rents from the tenants and used those funds for his own benefit and not for the upkeep and maintenance of the Property, including the payment of municipal taxes.

95. James has benefited from his possession to the detriment of the Debtor's estate and

must account for the rents that were collected by him prior to and subsequent to the Petition Date and must tumover to the Plaintiff all of the rents collected by him.

\VHEREFORE, Plaintiff demands judgment pursuant to 11 U.S.c. §542 directing James Berthea, Jr. to provide an accounting and tumover all rents collected by him prior to and subsequent to the Petition Date.

COUNT V

13

(Authorizing sale of property free and clear of interest of co-owners)

96. Plaintiff repeats the allegations contained in paragraph I through 95 ofthe complaint

as if each were set forth at length herein.

97. A partition action between the James Bethea, Jr. and Brenda Mickens was pending

in the Superior Court of New Jersey, Chancery Division, Passaic County (Docket No. PAS-C-049- 01) at the time of the commencement of this case. Upon information and belief, partition in kind of the Property between the estate and James Bethea, Jr. is impracticable.

98. Upon information and belief, a sale of the estate's undivided interest in the Property

would realize significantly less for the estate than a sale of the Property free of the interests of James Bethea, Jr.

99. Upon information and belief, the benefit to the estate of a sale of the Property free of

the interests ofJames Bethea, Jr. outweighs the detriment, if any, to James Bethea, Jr ..

100. The Property is not used in the production, transmission, or distribution, for sale, of electric energy or of natural or synthetic gas for heat, light, or power,

101. Upon information and belief, the estate has an interest equal to not less than one-half

of the value of the Property.

102. Plaintiff is entitled to sell all or substantially all of the Real Property pursuant to 11

US.c. §363(h).

103. Plaintiff is entitled to more than one-half of the net proceeds of the sale of the

Property that includes an adjustment for the rents owed by James to the Debtors' estate.

104. Plaintiff is entitled to retain the proceeds of the sale of the Property for the benefit of

the estate free and clear of any and all claims of exemption.

WHEREFORE, Plaintiff demands judgment pursuant to 11 US.c. §363(h) authorizing the Trustee to sell the Property free and clear of the interests of Brenda Mickens, Raymond Mickens

FORMAN HOLT & ELIADES LLC Attorneys f9;1"rustee

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and James Bethea, Jr., and judgment pursuant to 11 U.S.c. §363U) for an apportionment of the

sums due to the Debtor's estate and the Property's co-owner, James Bethea, Jr., and granting such

other and further relief as is just and proper.

By:

Dated: January&2003

Charles M. Forman (8937)

F:\PUBLIC,DOCS\CMF\MICKENS\COMP-2_DOC

14

EXHIBIT" A"

U;::J.LU FIn II:U,

UD#c...:IIUL

C~ARLES ~ONES, LL~

NEW ~ERSEV ~_ ERIOR COURT, UNITED STATES DISTRICT COURT AND UNITED STATES BANKRUPTCY COURT

HEREBY CERTIFIES TO:

BBl-4769-20

RE: MICKENS

TITLE AGENCY OF NEW ~ERSEY INC. 374 CLIFTON AVE

CLIFTON NJ 07011-

THAT IT HAS SEARCHED THE INDEX OF THE CIVIL ~UDGMENT AND ORDER DOCKET

OF THE SUPERIOR COURT OF NEW JERSEY, THE INDEX OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY. AND THE INDEX OF THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF NEW ~ERSEY AND DOES NOT FINO REMAINING UNSATISFIED OF RECORD IN ANY OF THESE COURTS A JUDGMENT OR OTHER DOCKETED RECORD REFERRED TO BY THE RESPECTIVE INDICES WHICH CONSTITUTES A GENERAL LIEN ON REAL PROPERTY IN NEW JERSEY. NOR ANY CERCLA LIEN ON SPECIFIC REAL PROPERTY WITHIN NEW JERSEY, NOR ANY PETITION COMMENCING PROCEEDINGS IN

~ BANKRUPTCY EXCEPT AS BELOW SET FORTH AGAINST:

FROM

TO

RAYMOND MICKENS

08-26-1982 08-26-2002

BRENDA MICKENS

08-26-1982 08-26-2002

•••••

WITH JUDGMENTS

•••••

(5EE ATTACHED 5 PAGES)

••• Copies of the attached proceedings are available from our •••

Document Services Department. Call 800-792-8888 ext. 5402 .

. '.

DATED TIME

08-26-2002 OB:45 AM

I N WITNESS WHEREOF. CHARLES JONES, LLC HAS CAUSED THIS CERTIFICATE TO BE EXECUTED BY ITS PRESIDENT.

FEES: $ 16. 00

RN02-240-5628

240

1018240 1

~

U3:t:.V f\n r:ur

VD/t:.!l/U'::;

Lrrar ~r:::> .lUrrr:::>, LLL

RN02-240-5628 8111 .: 4 7 6 9 - 2 0

RE: MICKENS

1

SUPERIOR COURT OF NEW JERSEY

JUDGMENT NUMBER: J-003423-1986 DATE ENTERED: 02/11/86

TYPE OF ACTION: TORT .CLAIM VENUE: PASSAIC

CREDITOR (51 :

BETTI E DAVI S

ATTORNEY: GELMAN AND GELMAN

DEBTOR (5):

RAYMOND MICKENS

526 E 23RD ST, PATERSON, NJ PLUS COSTS

*** End of Abstract **

CASE NUMBER: L-34542-85

DEBT: S

4,585.00

JUDGMENT NUMBER: J-003903-1989

SUPERIOR COURT OF NEW JERSEY

CASE NUMBER: W-27255-87

~- DATE ENTERED: 01/19/89 TYPE OF ACTION: CONTRACT VENUE: PASSAIC

~REDITOR(S):

1 CATHERINE VANDUNK ATTORNEY: COLE, DEBTOR (5):

MITCHELL HARRIS

r..t 147 PUTNAM ST, PATERSON, NJ 07513

\..::J RAYMOND MICKENS

I/D/B/A

GEANEY,

DEBT: $

30,627.57

VAMNER 8. BYRNE

H&H GENERAL CONTRACTORS AND

BRAIN N MUSCLES

AND

H&H GENERAL CONTRACTORS INC.

AND

BRAIN N MUSCLES INC

526 E 23RD ST, PATERSON, NJ 07513

WITH COSTS

*** End of Abstract **

U:J:£:U Itn t:UI

UIj/£::JIU£

Lllrli ~f!:; .JUllf!!i. LLL

RN02-240-5628 - B"lH~4769-20

RE: MICKENS

2

SUPERIOR COURT OF NEW ~ERSEY

~UDGMENT NUMBER: J-050314-2002 CASE NUMBER: FV-16-1g96-99

DATE ENTERED: 02/27/02 DATE SIGNED: 02/21/02

TYPE OF ACTION: CRIMINAL

VENUE: PASSAIC

DEBT: $ 350. 00

CREOITOR(S): DOB 12-30-60

VIOLENT CRIMES COMPENSATION BOARD

ATTORNEY: PASSAIC COUNTY PROBATION DEPARTHENT

DEBTOR (5):

MARWAN SHABAZZ, SSN#: 151-54-3464 (No Address)

A/KIA

RAYMOND MICKENS

44 A COLONIAL AVE, PATERSON, N~ 07502 VCCB ASSESSMENT RESTITUTION

DEBT: $

1B4.00

CREDITOR (5):

STATE OF NEW ~ERSEY TREASURER DEBTOR (5):

MAR WAN SHABAZZ

(No Address) AIKIA RAVMOND HICKENS (No Address)

LEOTEF SAFE NEIGHBORHOODS SUPERVISION FEE

**. End of Abstract *.

SUPERIOR COURT OF NEW JERSEY

~UDGMENT NUMBER: []~-066776-19BB CASE NUMBER: B8-6431

DATE DOCKETED: 09/15/B8 DATE OF JU[]GMENT IN S. C. P.: 07/26/88

TYPE OF ACTION: CONTRACT

VENUE: PASSAIC

DEBT: S COSTS: $ DCKG: $

636.40 Lf3.73 2. 00

CREDITOR (5):

LOM8ARDI'S PLUMtING SUPPLY

ATTORNEY: RICHARD K. SILBERBERG

DEBTOR(S):

RAYMOND MICKENS TIA

H & H GENERAL CONTRACTORS

526 E 23RD ST, PATERSON, NJ 07514

H&H GENERAL CONTRACTORS ADDEO TO OUR INDEX . ••• End of Abstract ••

Ulf/£S/U,£

US: £U ,.." t.u t

t.na r z e s Janes, LLL

~ JUDGMENT NUMBER: PD-132430-2001

~ DATE ENTERED: 06/15/01 LIEN FOR LEGAL SERVICES VENUE: MERCER

~REOITOR: OFFICE OF THE PUBLIC DEFENDER

DEBTOR (S):

1 RAYMOND MICKENS • SSN#: 151-54-3534 44 8 COLONIAL AV, PATERSON, ATTORNEY: PRO SE

~

RN02-240-5628 8-a 1'-4 769-20

RE: MICKENS

3

SUPERIOR COURT OF NEW JERSEY JUDGMENT NUMBER: DJ-478950-1997

DATE DOCKETED: 10/29/97

TYPE OF ACTION: CERTIF OF DEBT

DEBT: $

750. 00

CREDITOR (5):

DIVISION OF MOTOR VEHICLES DEBTOR (S) :

RAY MICKENS

402 E 18TH ST, PATERSON, NJ 07514

DMV SURCHARGE: DRIVER'S LICENSE # M40976420001392

008: 011 /39

.** End of Abstract f*

SUPERIOR COURT OF NEW JERSEY

DEBT: $

151. 95

NJ 07502

A/KIA MARWAN SHABAZZ

(No Address)

f*. End of Abstract f*

. ADVERSARY PROCEEDING COVER SHEET Adversary Proceeding No .
PLAINTIFF DEFENDANTS
CHARLES M. FORMAN, in his capacity as Chapter 7 Trustee BRENDA MICKENS, et al.
of Raymond and Brenda Mickens
ATIORNEYS (Firm Name, Address, and Telephone No.) ATTORNEYS (If Known)
FORMAN HOLT & ELiADES u,c JOHN J. BLANCHARD, ESQ.
218 Route 17 North 2516 HIGHWAY 35
Rochelle Park, NJ 07662
(201) 845-1000 MANASQUAN, NJ 08736 PARTY (Check one box only)

1 U.S. PLAINTIFF

X 3 U.S. NOT A PARTY

2 U.S. DEFENDANT

CAUSE OF ACTION (WRITE A STATEMENT OF CAUSE OF ACTION, INCLUDING ALL U.S. STATUTES INVOLVED)

COMPLAINT DETERMINING EXTENT, VALIDITY AND PRIORITY OF LIENS; AVOIDING JUDGMENT LIENS; DIRECTING AN ACCOUNTING AND TURNOVER OF RENTS TO THE ESTATE; AND AUTHORIZING SALE OF PROPERTY FREE AND CLEAR OF INTEREST OF CO-OWNER AND FOR OTHER RELIEF

NATURE OF SUIT

(Check the one most appropriate box only.)

_ 454 To Recover Money or Property

455 To revoke an order of confirmation

_ 456 To obtain a declaratory relief ca US es of actio n

_ 435 To Determine Validity. Priority or Extent of a Lien or Other lnterest in Property

FILr:~' - .. ~)

JAMES ,I I.':; I r1Qt~~ To determine a claim or cause of action

.. _.... --" removed to a bankruptcy court

_ 426 To determine the discharqeabuity of a debt 11 U.SC §523

X 458 To obtain approval For the sale

434 To obtain an injunction or other

- - - r-.: '-
of both the interest of the estate equitable rehef
and of a co-owner in property I'SBAC(;·il.J •... .-.v,~ .. ,. '.·r
_ 424 To object or to revoke a discharge _ 457 To subordinate any al~l(riUlieSt ~~~i'" ..
11 U.S.C. §727 where such subordination is[ _t; .•. " . -'{
,_". - v,
'-"
ORIGINS OF 1 Original 2 Removed 4 Reinstated 5 Transferred
PROCEEDINGS _X_Proceeding _Proceeding _or Reopened - from another CHECK IFTHIS ISA
(Check one box only.) Bankruptcy - CLASS ACTION UNDER
Court F.R.C.P.23
DEMAND NEAREST THOUS.~ND OTHER RELIEF SOUGHT i_ JURY
s n/a n/a _.J __ DEMAND BANKRUPTCY CASE IN WHICH THIS ADVERSARY PROCEEDING ARISES

NAME OF DEBTOR Raymond and Brenda Mickens

B~NKRUPTC'y CASE NO. 99-35343 (RG)

DIVISIONAL OFFICE Newark

NAMEOF JUDGE Gambardella

DISTRICT IN WHICH CASE IS PENDING New Jersey

RELATED ADVERSARY PROCEEDING (IF ANYj_
PLAINTIFF DEFENDANT ADVERSARY PROCEEDING ~.o.
DISTRICT DIVISIONAL OFF ICE NAME OF JUDGE
" FILING FEE

(Check one box ani, )

FEE ATTACHED FEE NOT REQUIRED

x FEE IS DEFERRED ~

" DATE

I JORDAN A. WISHNEW, ESQ.

January 24, 2003

J