EFTA01113617.pdf

IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ILLINOIS WESTERN DIVISION IN RE: Nick Lambros Case No. 14 B 82693 Judge: Thomas M. Lynch Trustee: Bernard J. Natale Debtor. Chapter: 7 NOTICE OF ROUTINE MOTION SENT VIA CM/ECF: SENT VIA CM/ECF: Patrick Layng Bernard J Natale United States Trustee Bernard J. Natale, Ltd. 219 S. Dearborn; RM 800 6833 Stalter Drive, Suite 201 Chicago, Illinois 60604 Rockford, IL 61108 SENT VIA FIRST CLASS MAIL: Jeffrey Epstein do Kellerhals Ferguson Fletcher, 9100 Port of Sale Mall, Ste 15 St Thomas V.1.00802 Jeffrey Epstein do Hepler Broom LLC, 130 N. Main St., POB 510 Edwardsville IL 62025 Jeffrey Epstein do Darren K. Indyke, PLLC, 575 Lexington Ave., 4th Floor, New York NY 10022 L.S.J.,LLC do Kellerhals Ferguson Fletcher, 9100 Port of Sale Mall, Ste 15 St Thomas V.I. 00802 L.S.J.,LLC do Hepler Broom LLC, 130 N. Main St., POB 510 Edwardsville IL 62025 L.S.J.,LLC do Darren K. Indyke, PLLC, 575 Lexington Ave., 4th Floor, New York NY 10022 YOU ARE HEREBY NOTIFIED that on the 19m day of November, 2014 at 9:30 a.m., or as soon thereafter as counsel may be heard, I shall appear before the Honorable Thomas M. Lynch or any Judge sitting in his stead, in the courtroom 3100 usually occupied by him at the U.S. Courthouse, 327 South Church Street, Rockford, IL 61101, and shall then and there present the attached Routine Motion to Avoid Judicial Liens , a copy of which is attached hereto and herewith served upon you. You may appear if you so choose. This matter is treated as a Routine Motion pursuant to Local Rule 9013-9.A(9). The Court may grant the relief sought without presentation in open court and without a hearing. LAVELLE LAW, LTD. Timothy M. Hughes 6208982 501 W. Colfax Palatine, Illinois 60067 EFTA01113617  CERTIFICATE OF SERVICE 1, Timothy M. Hughes, an attorney certify that I caused a copy of the foregoing Notice and Motion to be served on the parties listed above by electronic notice where indicated, or by first class mail by depositing with the United State Postal Service, Palatine, Illinois postage prepaid, prior to 5:00 P.M., this 6th day of November, 2014. /S/Timothv M. Hughes 6208982 LAVELLE LAW, LTD. Timothy M. Hughes 6208982 501 W. Colfax Palatine, Illinois 60067 SA6251-6500163551M2R1L.lambros.doc EFTA01113618  IN THE UNITED STATES BANKRUPTCY COURT FOR TIIE NORTHERN DISTRICT OF ILLINOIS WESTERN DIVISION IN RE: Nick Lambros Case No. 14 B 82693 Judge: Thomas M. Lynch Trustee: Bernard J. Natale Debtor. Chapter: 7 MOTION TO AVOID JUDICIAL LIENS of Jeffrey Epstein & L.S.J.,LLC Now comes the debtor, Nick Lambros by and through his counsel, Timothy M. Hughes, and in support of his Motion to Avoid Judicial Liens pursuant to 11 U.S.C.§522(f)(1XA), states to the court as follows: 1. The court has jurisdiction over this matter under 28 U.S.C. §§ 1334 and 157. 2. This is a core proceeding pursuant to 28 U.S.C. § 157(b). 3. This is a routine motion as defined by Local Bankruptcy Rule 9013-9(AX9). 4. Debtor filed a petition for relief under Chapter 7 of the Bankruptcy Code on August 31, 2014. 5. Jeffrey Epstein & L.S.J.,LLC were granted a Default Judgment in the amount of $246,000.56 and $7,702.50 on or about October IS, 2010 by The Court for the Virgin Islands Division of St. Thomas & St. John which was registered 19TH Judicial Circuit, Lake County, Illinois case number 13 MR1617 (the "Epstein Judgments") 6. Jeffrey Epstein & L.S.J.,LLC subsequently filed two Memorandum of Judgments with the McHenry County Recorder of Deeds in the amount of $246,000.56 and $7,702.50 See Exhibit A— Recorded Memorandum of Judgment filed April 7, 2014 as document numbers 2014R0010649 and 201480010650. 7. The Memorandum of Judgments placed a lien on Debtor's homestead pursuant to EFTA01113619 735 ILCS 5/9 - 104.2. 8. The liens are each a judicial lien as defined in 1 I U.S.C. §I01(36). 9. According to a market analysis done immediately prior to his case the property had a fair market value of about $300,000.00 with a first mortgage balance of about $140,000.00 and a second mortgage of about $300,000.00 both of which have priority over Jeffrey Epstein & L.S.J.,LLC's judicial lien. 10. Jeffrey Epstein & & L.S.J.,LLC's judicial lien impairs an exemption to which Debtor would have been entitled, and as such is avoidable under 11 U.S.C. § 522(0(1)(A) ARGUMENT 11. To avoid a lien under Section 522(O(1), the Debtor must show that (1) the lien is judicial; (2) the Debtor has an interest in the property; and (3) the lien must impair an exemption to which the Debtor is otherwise entitled. 11 U.S.C. §522(O. 12. Debtor has an interest in the property he resides at the time of his bankruptcy filing and currently; namely 1351 Mulberry Lane, Cary, IL 60113. 13. The term "judicial lien" means lien obtained by judgment, levy, sequestration, or other legal or equitable process of proceeding. 11 U.S.C.§ 101(36). A judicial lien arises by virtue of judicial proceedings in the absence of which there would not be such a lien. In re Whitford, 101 B.R.559 (S.D.I11.1989). 14. Pursuant to 11 U.S.C.§ 522(O(2), "a lien shall be considered to impair an exemption to the extent that the sum of (i) the lien; (ii) all other liens on the property; and (iii) the amount of the exemption that the debtor could claim if here were no liens on the property; exceeds the value that the debtor's interest in the property would have in the absence of any liens." In this case, the Debtor could and did claim an exemption (homestead) if no liens were on the property. WHEREFORE, Debtor, Nick Lambros, requests that the Court enters an order avoiding EFTA01113620 both of the liens of Jeffrey Epstein & & L.S.J.,LLC on 1351 Mulberry Lane, Cary, IL 60113, and grant such other relief as the Court deems just and proper. Respectfully submitted, Nick Lambros By: /s/Timothy M. Hughes 6208982 Attorney for Debtor Timothy M. Hughes 6208982 LAVELLE LAW, LTD. 501 W. Colfax Palatine, IL 60067 S:\625 I -6500 \ osAM2RJL.lambros.doc EFTA01113621  PHYLLIS K. HALTERS RECORDER-HCHEAVY RUNTY,' IL STATE OF ILLINOIS 2014R00106491 04/V/2014 :0:12,X PACES ) SS COUNTY OF LAKE FEt=114 Eft 25.00 CIS FEE :1;.03 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT • LAKE COUNTY, ILLINOIS Jeffrey Epstein and L.S.J., LLC ) ) ) ) ) vs. ) Gen. No. 13-MR-1617 ) Nick Lambros and AVLC, LLC d/b/a Sound X ) ) ) MEMORANDUM OF JUDGMENT I hereby certify that on December 13 2012 judgment was entered in fluor of the (plaintifff (defendant) Plaintiff, Jeffrey Epstein and L.S.J., LLC do Christopher A. Kroblin, 9100 Port of Sale Mall, Ste. 15, St. Thomas, US Virgin Islands 00802-3602 and against (defendant) (plairdifff Defendant, Nick Lambros and AVLC, LLC d/bra Sound X, 360 W. Northwest Highway, Darlington., IL:60010 in the annum of $ 246,000.56 I further certify that the judgment order was signed by the Honorable Michael C. Dunston Judge of the'Suaerior Couit of the Virgin iiiands, Division of St. Thomas and St. John. 2014 • . lerk of Circuit Court - . Return to: By: 44:;fr tpu,.y ClerkfrsaP 044' "He'PreiBtoorittbr: f: n • P. O. Box 510 Edwardsville;' IL 62025 ; I Rc 2i0 I Paliwy County Xxxsudor 1"r. X W•oses • 201a/K0108411 P* A EFTA01113622  Mit *2 0 1 4 R 00 i 6 5 0 1 * PH4LLIS K. WALTERS RECORDER-F(8DV COUNTY., IL STATE OF ILLINOIS 2014R0010650I 04/07/2014 10:12All PAGES ) SS RECOnIC FEE 25.00 COUNTY OF LAKE GIS FEE IS.00 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT LAKE COUNTY, ILLINOIS Jeffrey Epstein and L.S.J., LLC vs. Gen. No. 13-MR-1617 Nick Lambros and AVLC, LLC d/b/a Sound X MEMORANDUM OF JUDGMENT 1 hereby certify that on December 13 2012 judgment was entered in favor of the (plaintiff) (defendant) Plaintiff, Jeffrey Epstein and,L.S.J., LLC do Christopher A. Kroblin, 9100 Port of Sale Mall, Ste. 15. St. Thomas, US Virgin Islands 00802-3602 and against (defendant) (ptaiuiff) Defendant, Nick Lambros and AVLC. LLC d/b/a Sound X, 360 W. Northwest Highway, Barrington, IL 60010 in the amount of $ 7,702.50 further certify that the judgment order was signed by the Honorable Michael C. Dunston Judge of the Superior Court of the Virgin Islands, Division of St. Thomas and St. John. ets 21- 10.1 . fatscourt etce t Return to: By: Andrew Carruthers Deputy Clerk HeplerBroom LLC P. O. Box 510 Edwardsville, IL 62025 171.214RevVOI 14.4•K, CQ.M1!lewd*. fly,., K Wain I .101.04010/40 Jib66 EFTA01113623  UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF ILLINOIS Western Division In Re: BK No.: 14-82693 Nick Lambros Chapter: 7 Honorable Thomas M. Lynch Dcbtor(s) Order Avoiding Judicial Liens of Jeffrey Epstein & L.S.J.,LLC This matter having come before this Court on the Debtors Motion to avoid the judicial liens of Jeffrey Epstein & L.S.J.,LLC, the Court being advised in the premises, IT IS HEREBY ORDERED: I. The Motion to Avoid the Judicial Liens is granted. 2. The Judicial Liens of Jeffrey Epstein & L.S.J.,LLC, identified in Debtors motion, are hereby extinguished and each lien shall no longer affix to or remain enforceable against the residential real estate of the Debtor commonly known as: Enter: Dated: United States Bankruptcy Judge Prepared by: Timothy M. Hughes 6208982 Lavelle Law, Ltd., 501 W. Colfax Palatine, Illinois 60067 Rev: 20130104_bko EFTA01113624