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Debtor-In-Possession Real Property Questionnaire Owned Property (Attachment 3A) Form. This is a California form and can be use in USBC Southern Federal.
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Tags: Debtor-In-Possession Real Property Questionnaire Owned Property (Attachment 3A), California Federal, USBC Southern
UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF THE UNITED STATES TRUSTEE SOUTHERN DISTRICT OF CALIFORNIA In Re: CHAPTER 12 CASE NO. _________________________ DEBTOR-IN-POSSESSION REAL PROPERTY QUESTIONNAIRE OWNED PROPERTY Debtor(s). SUBMIT THIS QUESTIONNAIRE TO THE OFFICE OF THE UNITED STATES TRUSTEE ONLY. DO NOT FILE WITH THE BANKRUPTCY COURT. The debtor-in-possession is required to complete a real property questionnaire for each parcel of real property in which the debtor held a legal or equitable interest at the time of the filing of the petition. This includes, but is not limited to, property held under ownership, leasehold, land sale, or open escrow. A continuation sheet should be attached for each question where additional space is needed. A. 1. General Property information Address of property including county and state in which it is located: 2. Type of real property (i.e., single family residence, condominium, apartment building, office building, commercial, industrial, unimproved): 3. Description of property (i.e., number of units or offices, square footage, amenities and present condition): 4. Define the debtor's interest in the real property: ______ Ownership (i.e., fee ownership). ______ Land Sale. ______ Other - Explain: Attachment 3A American LegalNet, Inc. www.FormsWorkFlow.com 5. Does the property presently conform to all local, state, and federal requirements, such as health, building, safety, earthquake, fire or other regulations? ______ Yes. ______ No. Explain: B. 1. Income and Management of the Property Is any income being generated from rental or use of the property by third parties? ______ Yes. Present gross monthly income: $ ______________________ ______ No. 2. If the property is being used or occupied by a third party, provide the name of that party, explain the relationship, if any, to the debtor-in-possession and explain the terms of any agreement with that party. 3. Is there any person or entity managing the property? ______ No. ______ Yes. Provide the name, address, and telephone number of the managing person/entity and attach a copy of the management agreement. 4. Is the manager (or principals of the management company) in any way related to or affiliated with the debtor? ______ No. ______ Yes. Provide complete information regarding the relationship or affiliation. 5. Has a real estate broker or agent been employed by the debtor for this property? ______ No. ______ Yes. Provide the name and address of the broker or agent and the date on which the broker or agent was employed. Attachment 3A American LegalNet, Inc. www.FormsWorkFlow.com C. 1. Ownership Items Is the debtor the titleholder to the property? ______ Yes. ______ No. Explain. 2. Provide the percentage interest and type of ownership (i.e., fee simple, tenants in common, joint tenancy, etc.) held in the property by the debtor. _____________________________ Type of ownership ________________ % 3. Date of acquisition of the property: ____________________________________ Total purchase price of the property: ___________________________________ Present fair market value: $ _____________________ Source and basis of the fair market value: 4. 5. Voluntary encumbrances recorded against the property (e.g., mortgages/trust deeds, stipulated judgments): Name of Lender Outstanding Principal Amount $ $ $ $ $ Installment Payments/ Frequency $ $ $ $ $ Number of Delinquent Payments 1st 2nd 3rd 4th 5th 6. If any pre-petition debt service payments remained unpaid as a result of a dispute, were such paymentsescrowed into a separate trust account: Yes ______/ No ______If yes, please provide the name of the depository, branch, account number and amount of funds on hand. 7. Involuntary encumbrances recorded against the property (i.e., tax, mechanics, judgment, lis pendens, and other liens). State the type of lien, amount and date recorded: Attachment 3A American LegalNet, Inc. www.FormsWorkFlow.com 8. Itemize all the monthly expenses related to the property, excluding debt service (attach a separate listing, if necessary): I, ______________________________________________ (Name and title), declare under penalty of perjury that I have fully read and understood the foregoing debtor-in-possession real property questionnaire and that the information contained herein is true and correct to the best of my knowledge. Date: __________________________________ Principal for debtor-in-possession Attachment 3A American LegalNet, Inc. www.FormsWorkFlow.com