UNITED STATES BANKRUPTCY COURT
FOR THE WESTERN DISTRICT OF KENTUCKY
IN RE:
CASE #
Debtor
Plaintiff
vs. ADV. #
KENTUCKY HIGHER EDUCATION
ASSISTANCE AUTHORITY
Defendant(s)
* * * * * *
INTERROGATORIES
Pursuant to Rule 33 of the Federal Rules of Bankruptcy Procedure and the Rules of the United States District Court for the Western District of Kentucky, Defendant serves the following written interrogatories upon Plaintiff, XXXXXXXX XXXXX, which shall be answered separately and fully in writing under oath and served upon Defendant within thirty (30) days from service hereof.
Pursuant to FRCP Rule 26(e), XXXXXX-XXXXX, is under a duty to seasonably supplement his/her responses with respect to any question directly addressed to the identity and location of persons having knowledge of discoverable matters, and to amend a prior response if he/she obtains information upon the basis of which he/she knows that the response was incorrect when made, or the response is no longer true.
The answers of XXXXXX-XXXXX to the interrogatories should include all information which is in his/her possession or control, or within the possession or control of his/her attorneys, investigators, agents, employees or other representatives of XXXXXX-XXXXX.
Melissa F. Justice
Attorney for Defendant
KHEAA
1050 U.S. 127 South
Frankfort, Kentucky 40601
(502) 696-7309
Interrogatory No. 1: State your full name, address, telephone number, date of birth, date of marriage(s), date of divorce(s).
ANSWER:
Interrogatory No. 2: State whether you and/or your spouse/and or any family member who resides with you and/or any person dependent on you for support are employed, the names and addresses of all employers, dates of employment with each employer, position held with each employer, respective duties of each position held, and the amount of income received from employment for each of the years from December 1, 1997, through the present (including salary, commission, tips, bonuses, profit sharing, and overtime pay).
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ANSWER:
Interrogatory No. 3: For each person referred to in Interrogatory No. 2, state the present amount of take home income (income after deductions) received each pay period; whether this income is received monthly, twice per month, bi-weekly (every 2 weeks), weekly, or otherwise; and state the amounts and respective types of deductions taken from each paycheck each pay period.
ANSWER:
Interrogatory No. 4: State in detail all facts and information you have to support your allegation that your debt to Defendant will impose an undue hardship on you and your dependents.
ANSWER:
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Interrogatory No. 5: State your current monthly budget of expenses and your monthly budget of expenses for the last three years, for you, your spouse, and your dependents, including rent, utilities, telephone, gasoline, food, clothes, insurance and any other expenses. If you rent your place of residence, please state the name, business address and telephone number of your landlord.
ANSWER:
Interrogatory No. 6: Do you have any roommates and/or any family members (either immediate or non-immediate) who reside with you? If so, state the amount of money each roommate and/or family member contributes toward each expense listed in your answer for Interrogatory No. 5.
ANSWER:
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Interrogatory No. 7: State the respective dates, names and locations of schools attended, major areas of study, and degrees and/or certificates obtained as a result of all postsecondary education and/or training you, your spouse, and any other person dependent on you for support have received, including participation in college (other than Sullivan College), vocational schools, correspondence courses, and technical or union training programs.
ANSWER:
Interrogatory No. 8: State the dates, locations, and results of any and all efforts by you to locate employment or better paying employment since December 1, 1997, including the name and address of each potential employer with whom you have actually applied for work.
ANSWER:
Interrogatory No. 9: State what specific action you have taken to attempt to maximize your income and minimize your expenses in order to make some payment towards your student loan.
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ANSWER:
Interrogatory No. 10: Do you and/or your spouse, and/or your dependents presently suffer any permanent injury, persistent infirmity, chronic illness or disability? If so, state the person afflicted, the nature of the condition and:
(a) Whether you and/or your dependents undergo any recurring examination, treatment, counseling, or nursing care for this condition.
(b) The names, addresses, and phone numbers of all treating physicians, other persons, or entities which provide care and/or services for this condition.
(c) The particular way in which the injury or disability incapacitates the person afflicted.
(d) Whether any physician, or other medical personnel, has since December 1, 1997, assigned a disability rating for it, and, if so, the name of such physician and the percentage of the disability rating.
(e) The amount of recurring expenses (including doctors, hospitalization, rehabilitation, prescriptions, nursing care, etc.) not reimbursed through health insurance, disability income, or government assistance.
ANSWER:
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Interrogatory No. 11: State the name, address and telephone number of each person whom you intend to call as a witness at the trial of this action, and provide a summary of the testimony of each witness.
ANSWER:
Interrogatory No. 12: If you own your place of residence, state whether you own it jointly or in common with any other person or persons, the nature and extent of their interest in the property, the approximate date(s) whereupon the person or persons acquired the interest in the property, whether the interest of the person or persons was acquired by gift, bequest, or purchase?
ANSWER:
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Interrogatory No. 13: Do you have any boarders, tenants, and/or subtenants at your place of residence? If so, give their name(s), the amount of rent payable to you, when and how often rent is to be paid to you, and whether it is paid in cash, by check, or otherwise.
ANSWER:
Interrogatory No. 14: Do you own or hold any interest in any real estate other than your place of residence? If so, identify the property, state the nature and extent of your interest in the property, state whether you obtained the interest and how much money or property was given in exchange for the interest.
ANSWER:
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Interrogatory No. 15: Are you a proprietor, part-owner, stockholder, officer, and/or director of any business organization(s)? If so, state the name and location of such organization(s) and your relationship to the organization(s).
ANSWER:
Interrogatory No. 16: Do you have, in your own name or jointly with any other person or organization, a bank, credit union, and/or savings and loan account, either commercial or personal, either savings, checking or otherwise, any shares of stock, bonds, mutual fund shares, certificates of deposit, money market certificates, bills, notes, or other instruments representing money or other property owned by or payable to you? If so, state where and the balance of the account(s).
ANSWER:
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Interrogatory No. 17: Do you and/or your spouse and/or any other person dependent on you for support own or use or have you and/or your spouse and/or any other person dependent on you for support owned and used, within the last 6 months, any credit cards. If so, state the company or companies which issued the cards and state the balance owed for any credit card owned.
ANSWER:
Interrogatory No. 18: Does any person or organization owe you money or other property and/or do you anticipate that any person or organization will or may owe you money or other property as the result of a loan, contract, judgment, insurance settlement, accident settlement, conditional transfer, bequest or devise, as payment for services rendered, or otherwise? If so, give full details as to the debtor's identity and location, the amount and type of debt, the date upon which payment or conveyance of property is due, and any encumbrances on such money or other property.
ANSWER:
Interrogatory No. 19: State the amount of income which you and/or your spouse and/or any other person dependent on you for support and/or any family member who resides with you receives from any of the following sources and state whether this income is received weekly, bi-weekly (every two weeks), twice per month, once per month, or otherwise:
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(a) Disability or severance pay:
(b) Unemployment compensation:
(c) Workman's compensation:
(d) Social Security:
(e) Veteran's benefits:
(f) Aid to Families with Dependent Children:
(g) Food stamps:
(h) Alimony:
(i) Child support:
(j) Interest and/or dividends:
(k) Inheritance or trust income:
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(l) Income received from parents, in-laws, or other relatives:
(m) Farm income (including subsidy payments):
(n) Federal income tax refund for the most recent previous four years:
(o) State income tax refund for the most recent previous four years:
ANSWER:
Interrogatory No. 20: State the names and respective dates of birth, social security numbers, and relationships to you, of all persons dependent on you for support (including your spouse, children, other relatives, etc.).
ANSWER:
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Interrogatory No. 21: State the respective names, addresses and phone numbers of all other persons who have a legal obligation to provide support to any of the dependents identified in Interrogatory No. 21 and identify the dependent(s) to whom such legal obligation relates. If you are owed child support based on a legal obligation, describe what efforts you have made to enforce such obligation.
ANSWER:
Interrogatory No. 22: If you are currently unemployed, state the information requested as follows:
(a) When and in which position you were last employed?
(b) Were you laid off or did your voluntarily leave your last job?
ANSWER:
Interrogatory No. 23: State the information requested as follows:
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(a) The number of years and type of occupations, trades, or professions in which you have work experience:
(b) Have you sought employment in fields other than those in which you have work experience or educational training?
(c) Have you registered for work with private or governmental employment agencies or services?
(d) Have you sought retraining through any educational institution or governmental program for occupations in which employment opportunities are available in your community?
ANSWER:
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Interrogatory No. 24: Other than the student loans which are the subject of this action, identify the creditor, outstanding balance, and the nature of all debts that you have reaffirmed or that are exempt from discharge so that such debts will not be discharged in this bankruptcy (include student loans which are the subject of other actions not joined with this case).
ANSWER:
Interrogatory No. 25: State the reason and date you ceased enrollment at Sullivan University, and what program(s) of study did you major in while you were enrolled?
ANSWER:
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The signatory hereof certifies under oath that the foregoing responses to interrogatories are true, complete, and accurate to the best of my knowledge.
DATE PLAINTIFF(S)
Subscribed and Sworn to before me by XXXXXX-XXXXX on this __ day of ______, 2000.
NOTARY PUBLIC MY COMMISSION EXPIRES
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true copy of the foregoing Interrogatories were mailed to Plaintiff's Attorney, Nick Thompson, 12404 Aquarius Road, Louisville, Kentucky 40243-1508, on this day by regular mail.
Date Melissa F. Justice
Attorney for Defendant
Kentucky Higher Education Assistance Authority
1050 U.S. 127 South
Frankfort, Kentucky 40601
(502) 696-7309
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