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Pastimes : Plastics to Oil - Pyrolysis and Secret Catalysts and Alterna -- Ignore unavailable to you. Want to Upgrade?

To: scion who wrote (2260)	9/18/2010 1:23:57 PM
From: scion	Read Replies (1) \| Respond to of 53574

9. On September 2, 2009, Domark acquired 3.5 million shares of 310 Holdings (“310”). 310 subsequently changed their name to JBI, Inc. On September 10, 2009, as part of a management change at Domark, the Debtor and his wife received from Domark 3.5 million shares of 310 stock. All of the 3.5 million shares of 310 stock were issued as tenancy by the entireties property and the stock certificates denominated "Roy Thomas Kidd & Joan L Kidd Ten Ent" as the owners. Copies of the 310 stock are attached hereto and incorporated herein by reference as Exhibit “B”. 10. In March/April of 2010, as a result of the 310/JBI corporate name change, the Debtor and his wife received new share certificates breaking up their remaining 310 shares into smaller blocks of JBI stock. Again, all of these new JBI certificates were issued as tenancy by the entireties property and the stock certificates denominated "Roy Thomas Kidd & Joan L Kidd Ten Ent" as the owners. Copies of the JBI stock are attached hereto and incorporated herein by reference as Exhibit “C”. 11. The Debtor and his wife then placed their JBI shares in their Maxim Group brokerage account. The Maxim account is, and always has been, owned by Roy Thomas Kidd & Joan L Kidd as tenancy by the entireties property. Copies of the Maxim account statement designating ownership as being "Roy Thomas Kidd & Joan L Kidd Ten Ent" are attached hereto and incorporated herein by reference as Exhibit “D”. 13. Based on the foregoing, the JBI stock is clearly entireties property. Both New Jersey2 and Fla. recognize entireties property. Florida exemptions apply where a debtor and his wife acquire stock while residing in Florida and the matter is pending in a Florida bankruptcy proceeding. In re Kirshner, 2007 WL 3232258 (S.D. Fla. 2007). 14. The encumbered property, the JBI stock and Maxim account, is the type contemplated under 11 U.S.C. 522(f) and all of its value is claimed as exempt by the debtor's in Schedule C filed in this case. The existence of Cornell’s judicial lien and injunctive restraints to protect said lien impair exemptions to which the Debtor would be entitled. Doc 29 PDF file viewer.zoho.com