Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA362219
`ESTTA Tracking number:
`08/09/2010
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`92048691
`Plaintiff
`Pandol Bros., Inc.
`Michael K. Bosworth
`IPxLAW Group LLP
`95 S. Market St., Suite 570
`San Jose, CA 95113
`UNITED STATES
`mimam@ipxlaw.com
`Other Motions/Papers
`Maryam Imam
`mimam@ipxlaw.com,mike@ipxlaw.com,vmoitoso@ipxlaw.com
`/maryam imam/
`08/09/2010
`Motion to Resume Cancellation Proceeding.pdf ( 10 pages )(76827 bytes )
`Bosworth Declaration.pdf ( 3 pages )(11946 bytes )
`EXHIBITS 1-4.pdf ( 40 pages )(1937231 bytes )
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`Proceeding
`Party
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`Correspondence
`Address
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`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
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`

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`
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`
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` Cancellation No. 92048691
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`MOTION BY PETITIONER,
`PANDOL BROS., INC., TO
`RESUME CANCELLATION
`PROCEEDING AND
`MEMORANDUM IN SUPPORT
`THEREOF
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`In the Matter of:
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`Registration No.: 3,152,058
`Registration Date: October 3, 2006
`Mark: PANDOL
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`
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` and
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`Registration No.: 3,195,027
`Registration Date: January 2, 2007
`Mark: PANDOL FAMILY FARMS
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`PANDOL BROS., INC.,
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` Petitioner,
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` v.
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`JAMES A. PANDOL,
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` Registrant.
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`PETITIONER’S MOTION TO RESUME CANCELLATION PROCEEDINGS
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`Pursuant to 37 C.F.R. § 2.217 and Trademark Board Manual of Procedure §
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`510.02(b), Petitioner, Pandol Bros., Inc. (“Pandol Bros.” or “Petitioner”), hereby requests
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`that the present Cancellation proceeding be resumed. In addition, Petitioner hereby
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`requests that relevant dates be reset and a ruling made on Petitioner’s Motion for
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`Summary Judgment, filed and served on October 27, 2009.
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`Motion to Resume Cancellation Proceeding
` 1
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`

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`This motion is supported by the Memorandum filed herewith and Declaration of
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`Michael K. Bosworth (“Mike Bosworth”) submitted herewith.
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`Respectfully submitted,
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`Dated: August 9, 2010
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`By: __/michael Bosworth/_____
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`IPxLAW Group, LLP
`Michael K. Bosworth
`95 S. Market St., Suite 570
`San Jose, CA, 95113
`Telephone: (408) 827.3300 ext 267
`Facsimile: (408) 271-8886
`Attorneys for Petitioner
`PANDOL BROS. INC.
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`Motion to Resume Cancellation Proceeding
` 2
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`I.
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`INTRODUCTION
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`MEMORANDUM
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`Pursuant to 37 C.F.R. 2.217 and Trademark Board Manual of Procedure §
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`510.02(b), Petitioner, Pandol Bros., Inc. (“Pandol Bros.” or “Petitioner”), hereby requests
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`that (1) the present Cancellation proceeding be resumed; (2) relevant dates be reset; and
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`(3) Petitioner’s Motion for Summary Judgment, filed and served on October 27, 2009, be
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`decided by the Trademark Trial and Appeals Board (TTAB).
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`Petitioner filed a Motion for Summary Judgment and a Motion to Suspend
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`Proceedings Pending Decision On Petitioner’s Motion for Summary Judgment on
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`October 27, 2009 and served both motions on opposing counsel on October 27, 2009. On
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`November 9, 2009, the parties stipulated to and filed with the TTAB, a Stipulation Re
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`Dispositive Motions, Rule 30(b)(6) Deposition of Petitioner and Pending Motion to
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`Suspend Proceedings proposing Petitioner’s noticed Rule 30(b)(6) deposition on
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`November 19 and 20, 2009, at the offices of Respondent’s counsel and to file and serve
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`their opposition to Petitioner’s Motion for Summary Judgment as well as any Cross-
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`Motions, by December 21, 2009. On November 16, 2010, the TTAB approved the
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`parties’ stipulation with respect to the provisions that the motion for summary judgment
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`was timely and the November 19 and 20 dates for the previously-noticed Rule 30(b)(6)
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`deposition (the “Stipulated Depositions”) and the time period for filing a response to
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`Petitioner’s Motion for Summary Judgment as well as any cross-motion for summary
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`judgment is extended to December 21, 2009 but did not approve the parties’ stipulation
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`with respect to the provisions that the Petitioner’s time for filing a reply to the motion for
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`summary judgment, as well as any opposition to the cross-motion, to be extended beyond
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`Motion to Resume Cancellation Proceeding
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`the fifteen days from the date of service of the brief in response to the motion allowed
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`under the Trademark Rule 2.127(e)(1). Accordingly, the TTAB suspended the present
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`proceeding pending disposition of the Petitioner’s October 27, 2009 Motion for Summary
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`Judgment.
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`On November 19, 2009, the Stipulated Depositions were conducted at the offices
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`of Respondent’s counsel and ended in one day with no need to resume on November 20,
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`2009. Bosworth Decl.; ¶ 3.
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` On December 17, 2009, opposing counsel, D. Greg Durbin, filed James A.
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`Pandol’s Notice of Bankruptcy with the TTAB, attaching a copy of Registrant’s
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`Voluntary Petition under Chapter 12, filed with the United States Bankruptcy Court
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`Eastern District of California, and served the same on Petitioner’s attorneys. On January
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`11, 2010, the TTAB suspended the present proceeding under the automatic stay
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`provisions of the Section 362 of the United States Bankruptcy Code, 11 U.S.C. § 362,
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`pending final determination of the bankruptcy case and ruled that twenty one days after
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`the final determination of the bankruptcy case, Respondent must notify the TTAB and
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`that upon resumption of the proceedings, Registrant will be allowed time in which to
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`respond to Petitioner’s Motion for Summary Judgment.
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`On March 15, 2010, Petitioner’s counsel, Michael K. Bosworth, filed a copy of
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`the relevant pages of an Order for Relief from Stay, dated March 10, 2010, by the U.S.
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`Bankruptcy Court ordering the termination and annulment of the automatic stay of 11
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`U.S.C. Section 362 of the present cancellation proceeding and authorizing Petitioner to
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`perform any and all acts necessary and/or proper to enforce rights relative to the
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`cancellation proceeding and to obtain a final order.
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`Motion to Resume Cancellation Proceeding
` 4
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`

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`On March 19, 2010, Registrant filed Registrant’s Status Report Re:
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`Representation by Counsel and Request for Time whereby Registrant requested that new
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`dates relating to Petitioner’s Motion for Summary Judgment and any counter motion for
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`summary judgment not be set until representation of Registrant by special counsel, and
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`that appointment as special counsel was being requested.
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`On March 29, 2010, Registrant filed Respondent’s Second Status Report Re:
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`Representation by Counsel and Request for Time following-up to the Status Report filed
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`on March 19, 2010 informing the TTAB of a Chapter 12 Plan filed in the bankruptcy
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`proceeding and Registrant’s counsel having agreed in principal to resume representation
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`of James A. Pandol in the present proceeding, once approval of the engagement as special
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`counsel is received from the bankruptcy court and that upon the bankruptcy’s court
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`approval, Registrant’s counsel will confer with counsel for Petitioner with respect to a
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`proposed schedule relating to Petitioner’s Motion for Summary Judgment as well as any
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`counter-motions.
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`On April 20, 2010, the TTAB granted the Registrant’s Request for Time, filed on
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`March 29, 2010, to the extent that the Registrant is allowed thirty days from the mailing
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`date of the April 20th order to notify the TTAB that legal representation has been
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`approved or to provide good cause for continued suspension in the form of the a detailed
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`report of the status of its request including a summary of the request, the date the request
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`was filed, and the date by which action can be expected, otherwise, the TTAB will reset
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`Registrant’s time for filing a response to the Petitioner’s Motion for Summary Judgment.
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`On May 20, 2010, Registrant filed Registrant’s Third Status Report Re:
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`Representation by Counsel and Request for Time requesting that time be further
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`Motion to Resume Cancellation Proceeding
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`suspended until at least five days after the Bankruptcy Court rules on an Ex Parte
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`Application for approval of Registrant’s counsel, D. Greg Durbin, and his firm, to be
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`special counsel representing Registrant in the present cancellation proceeding and that
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`within five days after the Bankruptcy Court rules on the foregoing Ex Parte Application,
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`Registrant’s counsel, D. Greg Durbin, will provide a further status report to the TTAB of
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`the outcome on said Ex Parte Application.
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`No further information has been provided by Registrant to the TTAB since May
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`20, 2010, including any further status reports.
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`On June 15, 2010, the U.S. Bankruptcy Court ordered the dismissal of
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`Registrant’s Chapter 12 Bankruptcy Proceeding. Bosworth Decl.; ¶ 4. On June 16,
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`2010, Registrant filed a second Voluntary Petition under Chapter 12 of the U.S.
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`Bankruptcy Code with the United States Bankruptcy Court Eastern District of California.
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`Bosworth Decl.; ¶ 5. On August 2, 2010, the Bankruptcy Court dismissed Registrant’s
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`second Chapter 12 Case. Bosworth Decl.; ¶¶ 6-7.
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`II.
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`ARGUMENT
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`A. The U.S. Bankruptcy Case Forming the Basis for Suspension Has been
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`Finally Determined
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`Pursuant to 37 C.F.R. Section 2.127, resumption of the present cancellation
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`proceeding is proper because of the final determination of a first and a second Chapter 12
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`Bankruptcy proceeding, the first one of which formed the basis of the current suspension
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`status of the subject proceeding.
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`B. Petitioner is Prejudiced by the Suspension of the Present Proceeding
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`Motion to Resume Cancellation Proceeding
` 6
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`

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`While Registrant has been afforded not just one but two chances at filing a valid
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`Voluntary Petition in Bankruptcy Court, Petitioner has not had its Motion for Summary
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`Judgment decided after nearly ten months after it was filed. In the meanwhile, Petitioner
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`has continued to receive evidence of confusion between the marks at issue and therefore
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`has been and continues to be prejudiced. Moreover, Registrant has used his bankruptcy
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`proceedings as a delay tactic in the subject cancellation proceeding. While Registrant
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`was quick to ask for extensions of time and delay the subject proceeding after filing its
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`first Chapter 12 Voluntary Petition, Registrant has interestingly failed to inform the
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`TTAB of either of its Chapter 12 Bankruptcy Case dismissals. One cannot help but
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`wonder if Registrant is hoping to unnecessarily delay the subject proceeding including a
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`decision on Petitioner’s Motion for Summary Judgment and final determination of the
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`cancellation proceeding.
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`C. Economic Efficiency Warrants Resumption of the Cancellation Proceeding
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`It has been nearly ten months since the filing of Petitioner’s Motion for Summary
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`Judgment and nearly eight months since the filing of Registrant’s first Voluntary Petition
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`under Chapter 12, yet the current proceeding remains indefinitely suspended. No one,
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`including the TTAB, benefits from such unnecessary time delay and the associated
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`administrative and economic inefficiency.
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`III. CONCLUSION
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`Accordingly, as both bankruptcy proceeding involving the two registrations at issue
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`have been dismissed (1) the present Cancellation proceeding should be resumed; (2)
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`relevant dates should be reset; and (3) Petitioner’s Motion for Summary Judgment,
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`Motion to Resume Cancellation Proceeding
` 7
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`filed and served on October 27, 2009, should be decided by the Trademark Trial and
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`Appeals Board (TTAB).
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`Dated: August 9, 2010
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`Respectfully submitted,
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`By: __/michael bosworth/_________
`
`IPxLAW Group, LLP
`Michael K. Bosworth
`95 S. Market St., Suite 570
`San Jose, CA, 95113
`Telephone: (408) 827.3303
`Facsimile: (408) 850.9980
`Attorneys for Petitioner
`PANDOL BROS. INC.
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`Motion to Resume Cancellation Proceeding
` 8
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`Certificate of Service
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`
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`In the Matter of:
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` PANDOL BROs., INC. vs. JAMES A. PANDOL
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`Cancellation No.: 92048691
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`I hereby certify that a true copy of the forgoing,
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`
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`MOTION BY PETITIONER, PANDOL BROS., INC., TO RESUME CANCELLATION
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`PROCEEDING AND MEMORANDUM IN SUPPORT THEREOF;
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`DECLARATION OF MICHAEL K. BOSWORTH IN SUPPORT OF MOTION BY
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`PETITIONER, PANDOL BROS., INC., TO RESUME CANCELLATION PROCEEDING;
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`and
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`EXHIBIT 1 – EXHIBIT 4.
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`were served upon counsel for Registrant James Pandol this day, August 9, 2010, by email
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`addressed to:
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`D. Greg Durbin, Esq.
`McCormick Barstow Sheppard Wayte & Carruth LLP
`5 River Park Place East
`Fresno, CA 93729-8912
`Greg.Durbin@mccormickbarstow.com
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`Daniel Cho, Esq.
`McCormick Barstow Sheppard Wayte & Carruth LLP
`5 River Park Place East
`Fresno, CA 93729-8912
`Daniel.Cho@mccormickbarstow.com
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`Phillip Gillet Jr., Esq.
`1705 27th Street
`Bakersfield, CA 93301
`Lawyer.bak.rr.com
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`Motion to Resume Cancellation Proceeding
` 9
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`Chapter 12 Trustee
`M. Nelson Enmark
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`3447 W. Shaw Ave.
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`Fresno, CA 93711
`nenmark@fresno 1 3 .com
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`Riley C. Walter, Esq.
`Walter & Wilhelm Law Group
`A Professional Corporation
`8305 North Fresno Street, Ste. 410
`Fresno, CA 93720
`rilemalter@w2lg.com
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`Victoria Moitoso
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`Paralegal for Michael K. Bosworth
`Ipxlaw Group LLP
`Attorneys for Petitioner,
`Pandol Bros., Inc.
`Cancellation No. 9204891
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`Motion to Resume Cancellation Proceeding
`10
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`
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
` Cancellation No. 92048691
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`DECLARATION OF MICHAEL
`K. BOSWORTH IN SUPPORT
`OF MOTION BY PETITIONER,
`PANDOL BROS., INC., TO
`RESUME CANCELLATION
`PROCEEDING
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`
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`In the Matter of:
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`Registration No.: 3,152,058
`Registration Date: October 3, 2006
`Mark: PANDOL
`
`
`
` and
`
`
`Registration No.: 3,195,027
`Registration Date: January 2, 2007
`Mark: PANDOL FAMILY FARMS
`
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`PANDOL BROS., INC.,
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` Petitioner,
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` v.
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`JAMES A. PANDOL,
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` Registrant.
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`
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`DECLARATION OF MICHAEL K. BOSWORTH IN SUPPORT OF MOTION BY
`PETITIONER, PANDOL BROS., INC., TO RESUME CANCELLATION
`PROCEEDING
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`
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`I, Michael K. Bosworth, hereby declare and state:
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`1. I am a partner with the law firm of IPxLAW Group, LLP (“IPxLAW”), which
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`represents Petitioner Pandol Bros., Inc. (“Pandol Bros., Inc.” or “Petitioner”) in this
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`cancellation proceeding. I am duly authorized to practice law in the State of California.
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`The following facts are true of my own knowledge unless otherwise stated:
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`Declaration of Michael K. Bosworth in Support of Motion by Petitioner, Pandol Bros., Inc., to Resume Cancellation
`Proceeding
` 1
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`

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`2. I make this declaration in support of Motion By Petitioner, Pandol Bros., Inc., to
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`Resume Cancellation Proceeding, pursuant to Trademark Rule of Practice 2.127, and
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`Trademark Board Manual of Procedure § 510.02(b).
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`3. As noted in stipulations filed with the TTAB on November 10, 2009, some time
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`prior to November 10, 2009, Registrant’s counsel, D. Greg Durbin and I agreed to
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`depositions under Rule 30(b)(6) to be taken of Petitioner on November 19 and 20, 2010 at
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`opposing counsel’s office. On November 19, 2010, Maryam Imam, also representing
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`Petitioner, Petitioner’s Rule 30(b)(6) witnesses, and I appeared at Mr. Durbin’s office for
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`depositions; Mr. Durbin deposed said witnesses and concluded all Rule 30(b)(6)
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`depositions on November 19, 2010 with no need to resume on November 20, 2010.
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`4. Attached hereto as Exhibit 1 is a true and correct copy of an Order for Dismissal of
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`Registrant’s (first) Chapter 12 Plan, executed on June 15, 2010.
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`5. Attached hereto as Exhibit 2 is a true and correct copy of a (second) Voluntary
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`Petition for bankruptcy relief filed by Registrant, James A. Pandol, under Chapter 12 of the
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`U.S. Bankruptcy Code, dated June 16, 2010.
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`6. Attached hereto as Exhibit 3 is a true and correct copy of an Order for Dismissal of
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`Registrant’s (second) Chapter 12 Plan, executed on August 2, 2010.
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`Declaration of Michael K. Bosworth in Support of Motion by Petitioner, Pandol Bros., Inc., to Resume Cancellation
`Proceeding
` 2
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`7. Attached hereto as Exhibit 4 is a true and correct copy of a Notice of Entry of the
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`order referenced in Paragraph 6 hereinabove.
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` declare under penalty of perjury under the laws of the United States of America that
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` I
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`the above is true and correct and if called upon to testify, I could and would testify competently
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`thereto.
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`DATED this 9th day of August 2010 at San Jose, California.
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`__/michael bosworth/______
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`Michael K. Bosworth
`Attorney for Petitioner
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`Declaration of Michael K. Bosworth in Support of Motion by Petitioner, Pandol Bros., Inc., to Resume Cancellation
`Proceeding
` 3
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`EXHIBIT 1
`EXHIBIT 1
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`

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`2009-62162
`FILED
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`June 15, 2010
`E22523 :I:TR::1'i:K::P:::I:g:.NIA
`IIIIIIIIllllIllllI|I|||||||IllllIIIII||I|||II|IlII||||I|IIII
`ooozevesse
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`WW
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`9’
`1 WALTER & WILH ELM LAW GROUP
`a Professional Corporation
`2 Riley C. Walter #91839
`8305 North Fresno Street, Ste. 410
`3 Fresno, CA 93720
`Telephone:
`(559)435-9800
`4 Facsimile:
`(559) 435-9868
`E—mai|:
`rileywa|ter@W2LG.com
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`Attorneys for Pandol Brothers, Inc.; Ranch 50, LLC; Jack & Winifred Pandol, Individually
`and as Trustees
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`IN THE UNITED STATES BANKRUPTCY COURT
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`EASTERN DISTRICT OF CALIFORNIA
`
`FRESNO DIVISION
`
`5 6
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`7 8
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`9
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`10
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`11
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`In re
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`CASE NO. O9-62162
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`12
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`13
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`JAMES ALAN PANDOL,
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`Chapter 12
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`Debtor.
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`DC No.
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`PWG-O01
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`14 Tax ID#:
`Address:
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`15
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`15
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`xxx—xx—7844
`P.O. Box 1592
`Delano. CA 93215
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`Date:
`Time:
`Place:
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`Judge:
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`June 2, 2010
`3:00 o’clock
`1300 18th Street, Suite A
`Bakersfield, CA 93301
`Honorable W. Richard Lee
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`17 ORDER ON REQUEST FOR DISMISSAL AND OBJECTION TO CONFIRMATION OF
`18
`CHAPTER 12 PLAN
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`19
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`20
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`AT FRESNO, IN THE EASTERN DISTRICT OF CALIFORNIA.
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`The Request for Dismissal, Chapter 12 Status Conference Statement and
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`21 Objection to Confirmation of Chapter 12 Plan filed herein by Pandol Bros., lnc., Ranch
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`22 50, LLC, and Jack and Winifred Pandol as Trustees and Individuals, duly and regularly
`23
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`came on for hearing before the Court on June 2, 2010 at 3:00 p.m. in Bakersfield.
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`24
`25
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`26
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`Appearances were entered by Kerry Bland on behalf of Citizens Bank, M. Nelson
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`Enmark as Chapter 12 Trustee, Phillip Gillet, attorney for James A. Pandol, and Riley C.
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`27 Walter for the Objecting Parties.
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`28 III
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`RECEIVED ‘ ' ‘
`June 03 I 2010
`CLERK, U.S. BANKRUPTCY COURT
`EASTERN DISTRICT OF CALIFORNIA
`0002678939
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`' " REQUEST FOR DISMISSAL. ETC-
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`'
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`' M:\P-R\Pandol Bros\James Pandol bky\Pleadings\PWG-001
`Chapter 12 Plan\order.060310.gaa.docX
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`

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`4
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`(Df.OG)\lO5U‘I-l>0Dl\J
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`.—\
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`_\ O3
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`_\ \l
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`_\ (O
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`l\) O
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`l\) _x
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`l\) N)
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`l\‘) (.0
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`l\)-l>
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`l\) 01
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`l\) O?
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`Prior to the hearing the Court read and considered the Objection, Opposition of
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`the Debtor, and the Reply of the Objecting Parties.
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`The Court, after considering the papers and hearing the arguments of counsel,
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`finds that the Debtor has not met his burden of proof to establish eligibility as a family
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`farmer, and good cause othen/vise appearing, now, therefore
`the objection to confirmation is sustained and
`IT IS HEREBY ORDERED thatlthis Chapter 12 proceeding is a-u-te-ma-t-iea-l-l-y
`/\
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`Debtor did not convert this case to
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`chapter 7 or 11 pursuant
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`minute order dated June 3,
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`to the civil
`2010.
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`Presented by:
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`Z
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`Riley C. Walter, Attorneys for
`Pandol Bros., |nc., Ranch 50, LLC
`and Jack and Winifred Pandol,
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`Individually and as Trustees
`of the Jack and Winifred Pandol Family Trust
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`ibatectl: June 15, 2010
`
`
`
`N. Richard Lee
`
`United $ta.i:e3 Barxkrugatcy Judge
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`l\) \l
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`l\) (I)
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`ORDER ON REQUEST FOR DISMISSAL, ETC.
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`M:\P-R\Pando| Bros\James Pandol bky\P|eadings\PWG-001
`Chapter 12 PIan\order.O60310.gaa.docx
`
`

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`EXHIBIT 2
`EXHIBIT 2
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`B1 0fficialForm1
`
`4/10
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`United States Bankruptcy Court
`Eastern District of California
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`Name of Debtor (if individual, enter Last, First, Middle):
`Pandol, James Alan
`All Other Names used by the Debtor iii the last 8 years
`(include married, maiden, and trade names):
`See Schedule Attached
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`Name of Joint Debtor (Spouse) (Last, First, Middle):
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`All Other Names used by the Joint Debtor in the last 8 years
`(include married, maiden, and trade names):
`
`Last four digits of Soc. See. or 1ndividua1—Taxpayer 1.D. (ITIN) No./Complete
`EIN (ifmore than one, state all): 7844 / 134304336
`
`Last four digits of Soc. See. or Individual-Taxpayer 1.D. (ITIN) No./Complete
`EIN (if more than one, state all): 13-4304327
`
`Street Address of Debtor (No. & Street, City, State & Zip Code):
`1200 County Line Road
`Apt 214
`_ ZIPCODE 93215
`'
`Delano. CA
`County of Residence or of the Principal Place of Business:
`Kern
`
`Mailing Address of Debtor (if different from street address)
`P.O. Box 1592
`Delano, CA
`
`Street Address of Joint Debtor (No. & Street, City, State & Zip Code):
`903 14th Avenue
`Delano, CA
`
`Z11-‘CODE 93215
`_
`County of Residence or of the Principal Place of Business:
`Kern
`
`Mailing Address of Joint Debtor (if different from street address):
`
`ZIPC0DE93216
`Location of Principal Assets of Business Debtor (if different from street address above):
`
`Type of Debtor
`(Form ofOrganizati'on)
`(chcck We box‘)
`Mlndividual (includes Joint Debtors)
`See Exhibit D on page 2 ofthisform.
`1:] Corporation (includes LLC and LLP)
`E] Partnership
`C} Other (If debtor is not one of the above entities.
`check this box and state type of entity below.)
`
`Filing Fee (Check one box)
`
`Nature of Business
`(Check one box.)
`[:1 Health Care Business
`El Single Asset Real Estate as delined in 1 l
`U.S.C. § l0l(5lB)
`D Railroad
`[:1 Stockbroker
`1:] Commodity Broker
`D Clearing Bank
`lzolher
`
`Tax-Exempt Entity
`(Check box, if applicable.)
`1:] Debtor is a tax-exempt organization under
`Title 26 of the United States Code (the
`lnternal Revenue Code).
`
`ZIPCODE
`
`Chapter of Bankruptcy Code Under Which
`the Petition is Filed (Check one box.) ,
`|:] Chapter 7
`1:] Chapter 15 Petition for
`[:1 Chapter 9
`Recognition ofa Foreign
`D Chapter 11
`Main Proceeding
`[Z Chapter 12
`E] Chapter 15 Petition for
`D Chapter 13
`Recognition of a Foreign
`Nonmain Proceeding
`Nature 01-Debts
`(Check one box.)
`E] Debts are primarily consumer MDebts are primarily
`debts, defined in 11 U.S.C.
`business debts.
`§ 101(8) as “incurred by an
`individual primarily for a
`personal, family, or house-
`hold purpose."
`Chapter 11 Debtors
`
`n h d
`Ml: “FT F
`u
`' mg Ce 3 ac e
`D Filing Fee to be paid in installments (Applicable to individuals
`only). Must attach signed application for the court's
`consideration certifying that the debtor is unable to pay fee
`“C3131 1" ln5lfi11m€T11S- R015 1006(1)) 56¢ 0ffiCi31F0fm 3A»
`
`Check one box:
`E] Debtor is a small business debtor as defined in 11 U.S.C. § l0l(51D).
`[1 Debtor is not a small business debtor as defined in 11 U.S.C. § 101 (5 1D).
`Check if:
`[:1 Debtor’s aggregate noncontingent liquidated debts owed to non-insiders or affiliates are less
`than $2,343,300 (amount subject to adjustment on 4/01/13 and every three years thereafter).
`
`D Filin g Fee waiver requested (Applicable to chapter 7 individuals
`only). Must attach signed application for the court's
`°°"S‘d°ra"°"' Sec Omclal Form 3B’
`
`Check an applicable boxes;
`D A plan is being med Wm, [his pcmion
`E] Acceptances of the plan were solicited prepetition from one or more classes of creditors, in
`accordance with 11 U.S.C. § ll26(b).
`
`2‘c:
`
`O9 §U
`
`) E 3v'
`
`7‘noora)
`o’o
`“P
`
`0E EL
`
`?
`01
`9oN
`«'3
`30
`
`Statistical/Adminlstratlve Information
`
`MDebtor estimates that funds will be available for distribution to unsecured creditors.
`D Debtor estimates that, after any exempt property is excluded and administrative expenses paid, there will be no funds available for
`distribution to unsecured creditors.
`Estimated Number of Creditors
`121
`El
`El
`1-49
`50-99
`100-199
`
`El
`25,001-
`50.000
`
`.
`E1
`50,001-
`100,000
`
`THIS SPACE IS FOR
`
`COURT USE ONLY
`
`«
`
`‘
`
`2 O 1 0 — 1 6 7 3 8
`FILED
`June 1 6 , 2 0 1 0
`9 _ 39 AM
`
`1
`i.
`RELIEF ORDERED
`,
`.
`.
`nuercy couar
`:1:-1-giggxop ¢;M,n-ORNIA 1
`
`0002709057
`
`1]
`200-999
`
`El
`l,000-
`5,000
`
`El
`5,00l-
`10,000
`
`E1
`10,001-
`25.000
`
`D
`Over
`100,000
`.
`Estimated Assets
`D ‘
`D
`D
`D
`D
`M
`D
`D
`D
`D
`$500,000,001 More tli
`$50,000,001 to $100,000,001
`$0 to
`$50,001 to $100,00lto $500,00lto $l,000,00lto $10,000,001
`$50,000 $100,000
`$500,000
`$1 million
`$10 million
`10 $50 million $100 million
`10 $500 million 10 $1 billion
`$1 billit
`Estimated Liabilities
`1:1
`C]
`M
`1:1
`1:1
`1:]
`El
`$5 000,001 to
`$0 to
`$50,001 to $100,001 to $500,001 to $1,000,001 to $10,000,001
`$50,000 $100,000
`$500,000
`$1 million
`$10 million
`to $50 million $1 million
`
`[:1
`Cl
`C1
`$500,000,001 More than
`$100,000,001
`to $500 million to $1 billion
`$1 billion
`
`

`
`B1 Official Form 1
`
`Pat: 2
`
`Voluntary Petition
`(This page must be completed aridfiled in every case)
`
`Name of Debtor(s):
`Pand°" James Alan
`
`Prior Bankruptcy Case Filed Within Last 8 Years (If more than two, attach additional sheet)
`
`Location
`
`_
`
`Where Filed: Eastern District Of California
`Location
`
`Where Filcd:N/A
`
`_
`
`Case Number:
`
`09-62162-B-12
`Case Number:
`
`Date Filed:
`
`12/14/09
`Date Filed:
`
`Pending Bankruptcy Case Filed by any Spouse, Partner or Affiliate of this Debtor (If more than one, attach additional sheet)
`Name of Debtor:
`Case Number:
`Date Filed:
`None
`
`Exhibit A
`(To be completed if debtor is required to tile periodic reports (c.g., forms
`10K and 10Q) with the Securities and Exchange Commission pursuant to
`Section 13 or l5(d) of the Securities Exchange Act of 1934 and is
`_
`,
`requesting relief under chapter 1 1.)
`
`|:] Exhibit A is attached and made a part of this petition.
`
`Exhibit B
`(To be completed if debtor is an individual
`whose debts are primarily consumer debts.)
`I, the attorney for the petitioner named in the foregoing petition, declare
`that I have informed the petitioner that [he or she] may proceed under
`chapter 7, ll, 12, or 13 of title 11, United States Code, and have
`explained the relief available under each such chapter. I further certify
`that I delivered to the debtor the notice required by § 342(b) of the
`Bankruptcy Code.
`
`X
`
`Signature of Attorney for Debtor(s)
`
`Exhibit C
`
`Does the debtor own or have possession of any property that poses or is alleged to pose a threat of imminent and identifiable harm to public health
`or safety‘?
`
`E] Yes, and Exhibit C is attached and made a part of this petition.
`[2fNo
`
`Exhibit D
`
`(To be completed by every individual debtor. If a joint petition is filed, each spouse must complete and attach a separate Exhibit D.)
`[Zr Exhibit D completed and signed by the debtor is attached and made a part ofthis petition.
`
`lfthis is ajoint petition:
`E] Exhibit D also completed and signed by the joint debtor is attached a made a part of this petition.
`
`Information Regarding the Debtor - Venue
`(Check any applicable box.)
`M Debtor has been domiciled or has had a residence, principal place ofbusiness, or principal assets in this District for 180 days immediately
`preceding the date ofthis petition or for a longer part of such 180 days than in any other District.
`
`There is a bankruptcy case concerning debtor’s affiliate, general partner, or partnership pending in this District.
`Debtor is a debtor in a foreign proceeding and has its principal place of business or principal assets in the United States in this District,
`or has no principal place ofbusiness or assets in the United States but is a defendant in an action or proceeding [in a federal or state court]
`in this District, or the interests of the parties will be served in regard to the relief sought in this District.
`
`D E
`
`]
`
`Certification by a Debtor Who Resides as a Tenant of Residential Property
`(Check all applicable boxes.)
`Landlord has a judgment against the debtor for possession of debtor’s residence. (If box checked, complete the following.)
`
`(Name of landlord or lessor that obtained judgment)
`
`(Address of landlord or lessor)
`
`Debtor claims that under applicable nonbankruptey law, there are circumstances under which the debtor would be permitted to cure
`the entire monetary default that gave rise to the judgment for possession, alter thejudgment for possession was entered, and
`
`E] Debtor has included in this petition the deposit with the court of any rent that would become due during the 30-day period after the
`filing ofthe petition.
`
`Debtor certifies that he/she has served the Landlord with this cerfification. (1 l U.S.C. § 362(1)).
`
`2'C
`
`O EcU
`
`) EEA §V'
`
`7‘noat
`"Foc
`‘‘l’
`Li
`
`S .
`
`3E
`51o
`.‘ccanen
`0
`
`o“
`
`

`
`B 1 Ofiicial Form 1
`
`
`Voluntary Petition
`(This page must be completed and./iled in every case)
`
`
`Name of Debtor(s):
`Pandol, James Alan
`
`Signature(s) of Debtor(s) (Individual/Joint)
`
`Signature of a Foreign Representative
`
`I declare under penalty of perjury that the information provided in this
`petition is true and correct.
`[If petitioner is an individual whose debts are primarily consumer debts
`and has chosen to file under Chapter 7] I am aware that I may proceed
`under chapter 7,
`l I, 12 or 13 of title 1 1, United State Code, understand
`the relief available under each such chapter. and choose to proceed under
`chapter 7.
`[If no attorney represents me and no bankruptcy petition preparer signs
`the petition] l have obtained and read the notice required by l l U.S.C. §
`342(b).
`I request relief in accordance with the chapter of title 11. United States
`Code, specified in this petition.
`
`I declare under penalty of perjury that the infonnation provided in this
`petition is true and correct, that I am the foreign representative ofa debtor
`in a foreign proceeding, and that I am authorized to file this petition.
`(Check only one box.)
`
`|:] I request relief in accordance with chapter IS of title ll, United
`States Code. Certi lied copies of the documents required by l l U.S.C.
`§ 1515 are attached.
`E] Pursuant to 11 U.S.C. § 1511, I request reliefin accordance with the
`chapter oftitle I I specified in this petition. A certified copy of the
`order granting recognition ofthe foreign main proceeding is attached.
`
`X /s/ James Alan Pandol
`Signature ot‘Debtor
`
`X
`
`Signature ofloint Debtor
`
`Telephone Number (lfnot represented by attorney)
`
`June 16, 2010
`Date
`
`James Alan Pandol
`
`Signature ofForeigri Representative
`
`Printed Name of Foreign Representative
`
`Date
`
`Signature of Attorney*
`
`Signature of Non-Attorney Petition Preparer
`
`/s/ Phillig Glllet Jr.
`Signature of Attorney for Debtor(s)
`
`Phillip Glllet Jr. 214914
`Phllllp Glllet, Jr.
`Attorney at Law
`1705 27th Street
`Bakersfield, CA 93301-2807
`(661) 323-3200 Fax: (661) 323-3078
`lawyer@bak.rr.com
`
`June 16 2010
`Date
`*In a case in which § 707(b)(4)(D) applies, this signature also constitutes a
`certification that the attorney has no knowledge after an inquiry that the
`infonnation in the schedules is incorrect.
`
`I declare under penalty of perjury that: 1) I am a bankruptcy petition
`preparer as defined in l
`l U.S.C. § I I0; 2) I prepared this document for
`compensation and have provided the debtor with a copy ofthis document
`and the notices and information required under 11 U.S.C. §§ Il0(b),
`110(h) and 342(b); 3) if rules or guidelines have been promulgated
`pursuant to II U.S.C. § ll0(h) setting a maximum fee for services
`chargeable by bankruptcy petition preparers, I have given the debtor
`notice ofthe maxitnum amount before preparing any document for filing
`for a debtor or accepting any fee from the debtor, as required in that
`section. Official Form 19 is attached.
`
`l'rinted Name and title, if any, ofBankniptcy Petition Preparer
`
`Social Security Number (If the bankruptcy petition preparer is not an individual, state the
`Social Security number of the otficer, principal, responsible person or parmer ofthe
`bankruptcy petition preparer.) (Required by ll U.S.C. § I10.)
`
`Address
`
`Signature of Debtor (Corporation/Partnership)
`I declare under penalty of perjury that the infonnation provided in this
`petition is true and correct, and that l have been authorized to file this
`petition on behalfof the debtor.
`
`X
`
`Signature ofBankruptcy Petition Preparer or officer, principal, responsible person, or
`pnttner whose social security number is provided above.
`
`Date
`
`The debtor requests relief in accordance with the chapter of title I I,
`United States Code, specified in this petition.
`
`Names and Social Security numbers of all other individuals who
`prepared or assisted in preparing this document unless the bankruptcy
`petition preparer is not an individual:
`
`X
`
`Signa