IN RE:

Paul L. Leongas

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

Debtor

PNC Bank, N.A.,

v.

Paul L. Leongas,

Plaintiff,

Defendant.

Chapter 7

15-B-27967

The Honorable Judge

Janet S. Baer

Adversary Proceeding No.

16-00489

JOINT PRETRIALSTATEMENT

Pursuant to the Amended Final Pretrial Order entered December 19, 2019,

Adversary Plaintiff, PNC Bank, National Association, and Adversary Defendant, Paul L.

Leongas, through their undersigned counsel, submit the following Pretrial Statement in

advance of the trial scheduled to commence March 4, 2020.

a. Summary ofthe AdversaryProceeding

PNC's adversary complaint objects to Debtor being discharged for the following

reasons:

1. False Oath, Transfers, and Concealment Related to Debtor's Income, Expenses,

and Assets §727(a) (2)(A) and §727(a)(4)(A)

Debtor transferred and concealed his income in order to hinder, delay, and defraud

Debtor's creditors. In exchange for Debtor working 40 plus hours per week for the four

family bars, Debtor caused the four bars/restaurants owned and operated by Debtor and

his two sisters ("Four Curragh Bars") to directly to pay his and his wife's personal expenses

rather than paying Debtor a salary in order to hinder, delay, and defraud Debtor's creditors.

As part of his efforts to conceal his income, Debtor intentionally failed to disclose,

and made false oaths pertaining to, personal family living expenses paid by the Four

Curragh Bars. Debtor made these intentional false oaths and concealments related to his

income, expenses, and assets in response to PNC's 735 ILCS 5/2-1402 citation to discover

assets and as part of Debtor's bankruptcy schedules and testimony.

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Debtor and his wife's personal living expenses paid by the Four Curragh Bars which

Debtor made false oaths relating to, or concealed, include more than $9,400 in monthly

mortgage payments for the residence in which Debtor lives with his family, in excess of

$10,000 per month paid for American Express cards for which Debtor was an obligor, and

$600 per month for Debtor's 2015 Infiniti. Rather than disclose Debtor's actual income,

expenses, and assets, as part of his effort to conceal Debtor's Schedules use IRS standard

expenses for household and auto expenses.

Debtor's Schedules fail to disclose a home equity line of credit in the original

principal amount of $536,648.13 made by Bridgeview Bank Group to Debtor and his wife

that was still outstanding when Debtor filed his Petition and Schedules. Debtor's Schedules

also do not disclose household expenses paid monthly by Debtor's wife, which expenses

PNC claims exceed $4,000 per month.

In addition to income in the form of expenses paid by the Four Curragh Bars, Debtor

transferred and concealed, and made false oaths relating to, monies Debtor and his wife

received from an entity entitled Edison Park Acquisition, LLC ("EPA"). At Debtor's

direction, EPA paid funds directly to Debtor's wife and paid Debtor and his wife's personal

expenses.. Debtor did not disclose any of these deposits or payments as income on his

Schedules.

Proceeds from EPA's loan from Bridgeview Bank were also applied to tens of

thousands of dollars in mortgage payments due to Bridgeview Bank on Debtor's HELOC

and to the first Mortgage on his Residence.

Further, Debtor intentionally made false oaths, transferred, and concealed his $1.8

million residence. In exchange for Debtor working 40 plus hours per week for the Four

Curragh Bars the bars paid the expenses, including two mortgages which exceeded $9,400

per month, for Debtor and his wife's residence which appraised at $1.8 million two months

before Debtor filed bankruptcy. Also about two months before Debtor's filed bankruptcy,

despite that Debtor's work for the Four Curragh Bars results in the payment of the

expenses for Debtor's residence, a 'childhood friend' of Debtor, Jody Libman, transferred

Debtor's residence to a trust having Debtor's mother-in-law as trustee and a Delaware

limited liability company solely owned by Debtor's three minor children as beneficiaries.

The evidence will show Libman did not make the mortgage payments to Bridgeview

Bank. Instead, those payments were made by EPA or Curragh bars on Debtor's behalf,

because Debtor agreed to pay all of the expenses for the house in exchange for Libman

allowing Debtor's family to remain living there rent free.

2. Debtor's Failure to Produce Documents Related to his Financial Records and

False Oaths Related to Same §727(a)(4)(A), §727(a)(3), §727(a)(4)(D).

Debtor failed to produce documents related to his financial records and made false

oaths related to same. Despite providing an affidavit of completeness, Debtor did not

produce numerous emails related to his finances. Further, Debtor did not produce bank

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records related to his finances, including the documents showing the extent of Debtor and

his wife's personal expenses paid by the Four Curragh Bars, and resisted PNC's efforts to

obtain the bank records by filing a motion to quash.

Debtor claims the payments to his creditors by Curragh bars well in excess of

$19,000 monthly were "loans" that were accounted for as such on the books of those

businesses.

3. Debtor Concealed, Made False Oaths Related to, and Failed to Produce Records

for Cash He Received From the Curragh Bars and EPA. §727(a)(2)(A),

§727(a)(4)(A), §727(a)(3), §727(a)(4)(D)

During the relevant time Debtor received at least $25,200 in cash from the Four

Curragh Bars and failed to disclose these amounts on his bankruptcy schedules.

Additionally, during Debtor's 2004 exam, Debtor claimed that he did not receive any cash

from the Four Curragh Bars which is false. Debtor has not produced documents

demonstrating a legitimate business purpose for cash payments he received from EPA.

4. Debtor Concealed Income Tax Refunds Totaling $8,672.00 in Derogation of

727(a)(2)(B)

Two months after filing bankruptcy, Debtor and his wife received state and federal

tax refunds totaling $8,672.00. Debtor did not disclose the refunds and instead deposited

them into a bank account owned by EPC Properties, LLC which is affiliated with the Four

Curragh Bars.

Defenses Debtor Raised in the Adversary Proceeding.

1. False Oath, Transfers, and Concealment Related to Debtor's Income, Expenses,

and Assets §727(a)(2)(A) and §727(a)(4)(A)

Debtor asserts that he properly disclosed all material matters regarding his income,

expenses, assets, and liabilities to his attorney in connection with the filing of the

bankruptcy petition and that he testified consistently therewith at his 341 meetings

of creditors. Further, that the Debtor has raised the affirmative defense of "advice of

counsel" asserting that to the extent his Bankruptcy Schedules are inaccurate it is

due to the methodology employed in consultation with his counsel in filing the

petition and schedules. Thus, if the Schedules did not include actual household

expenses and used IRS standard expenses for a household of five persons or failed

to characterize loans as income, Mr. Benjamin's advice regarding same negates the

Debtor's intent to make an intentional and knowingly false statement. Indeed, given

the manner in which the expenses are disclosed it is difficult to conceptually

attribute or impute those statements to the Debtor at all. .

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Debtor also contends any monies paid by Curragh bars, his family or EPC were

"loans" and, at least, partially accounted as such on the books and records of the Curragh

bars and EPC. The Plaintiff has not pleaded in its Complaint any theories or facts that

would allow this Court to pierce the corporate veil or collapse the Debtor's family and

friends, the Curragh Bars and/or EPC or EPA into the individual Debtor. This is a critical

issue as Plaintiff continuously attempts to conflate and collapse such persons and entities

into the individual debtor.

Even if this Court were to determine that the asserted omissions satisfied all remaining

elements of the various Code provisions (they do not), PNC's case must still fail because the

Debtor did not (a) act knowingly and intentionally (in the event this Court determines that he

failed to make disclosures) of income and expenses; or (b) have the specific intent to hinder,

delay and defraud his creditors through the claimed concealment of the residence and income.

Finally, the Debtor is required to disclose projected or anticipated income on Schedule I— not

historical.

As to the Edison Park property which was owned by PLL, LLC — such property was

owned by PLL and not the Debtor. By definition a debtor cannot conceal property which he

never personally owned. Also, as outlined previously, as to the Broadway property, such

property was held in tenancy by the entirety by the debtor and his spouse, making such property

was not available to collection by his creditors and sold pursuant to an approved short sale by

his lender. Beyond that both transactions occurred well outside the one year look back period

and despite the creditor's claims of concealment should not be considered by the Court in

determining whether or not to grant the Debtor's discharge.

2. Debtor's Failure to Produce Documents Related to his Financial Records and

False Oaths Related to Same §727(a)(4)(A), §727(a)(3), §727(a)(4)(D).

The Debtor has produced mountains of documents which have been heavily

supplemented by PNC's own searches. There have been literally thousands and thousands

of pages of documents disclosed by the Debtor. Discovery disputes are not typically the

types of matters that courts have historically used to deny a debtor a discharge.

3. Debtor Concealed, Made False Oaths Related to, and Failed to Produce Records for

Cash He Received From the Curragh Bars and EPA. §727(a)(2)(A), §727(a)(4)(A),

§727(a) (3), §727(a) (4) (D)

The Debtor denies that he received any "cash" payments from the Curragh bars or EPA.

4.Debtor Concealed Income Tax Refunds Totaling $8,672.00 in Derogation of

727(a)(2)(B)

The sole wage earner in the Debtor's household was the Debtor's wife who was also

solely the person responsible for payment of tax. Thus, any tax refund received was Mrs.

Leongas' and not the Debtors.

b. Statement ofStipulated Facts

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The Parties have stipulated to the uncontested facts set forth in Exhibit 1 The facts

in Exhibit 1 not identified as "uncontested" are disputed by the parties.

c. Witness Lists

PNC's Witness List is attached as Exhibit 2. Mr. Leongas' Witness List is attached as

Exhibit 3.

d. Exhibit Lists

PNC Bank's Exhibit List, with Mr. Leongas' Objections, is attached as Exhibit 4. Mr.

Leongas' Exhibit List, with PNC Bank's objections, is attached as Exhibit 5.

Trial Exhibits

Two sets of pre-marked, tabbed exhibits that may be introduced at trial are

tendered in three ring binders for the Court. Counsel have also exchanged their Witness

Lists, Exhibit Lists and trial exhibits.

Dated: February 24, 2020.

Respectfully submitted by:

PNC Bank, National Association,

By: /s/John F.Sullivan

John F. Sullivan (6205900)

Matthew L. Hendricksen (6296720)

Plunkett Cooney, P.C.

221 N. LaSalle, Suite 1550

Chicago, IL 60601

(312) 670-6900

Open.26645.73625.23674497-1

5

Paul Leongas,

By: /s/KonstantineSparagis

Konstantine Sparagis (6256702)

Law Offices of Konstantine Sparagis, P.C.

900 W. Jackson Blvd., Ste. 4E

Chicago, IL 60607

(312)753-6956

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EXHIBIT 1

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IN THE UNITED STATES BANKRUPTCY COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS - EASTERN DIVISION

IN RE:

Paul L. Leongas

Debtor

PNC Bank, N.A.,

Plaintiff,

Paul L. Leongas,

Chapter 7

15-B-27967

The Honorable Judge

Janet S. Baer

Adversary Proceeding No.

16-00489

Defendant.

PNC BANK N.A. STATEMENT OF CONTESTED AND UNCONTESTED1 FACTS FOR TRIAL

Description of the Parties and Relevant People/Entities Related to Debtor

1. UNCONTESTED - PNC Bank, N.A. ("PNC") is a national bank. It possesses two

judgments against Debtor Paul Leongas "Debtor" that total $9,403,155.49 ("Judgments')

and therefore is a creditor of Debtor. Trial Ex. 44.

2. UNCONTESTED - Debtor Paul L. Leongas is the individual who filed this

Chapter 7 bankruptcy. He resides in Park Ridge, Illinois.

3. UNCONTESTED - Debtor graduated from Michigan State in 1990 with a

degree in hotel/restaurant management. Doc. 1752, its Ex. 2 (2004 Exam) p. 6 In. 18.

4. UNCONTESTED - Debtor has worked in the restaurant business for almost

his entire life. Doc. 175, its Ex. 3 (11/25/15 341 Mtg.) p. 391n. 8-9.

5. UNCONTESTED - Sharise Leongas is Debtor's wife. Doc. 175, its Ex. 2 p. 5 In.

17.

6. UNCONTESTED - Debtor and his family have resided 921 Broadway, Park

Ridge, IL ("Residence") since 2009. Doc. 175, its Ex. 3 p. 91 In. 1.

1"UNCONTESTED" facts are labeled as such and all other facts are contested.

2PNC did not include transcripts from 341 meetings, 2004 exams, or depositions as part of its trial exhibits.

To the extent the 341 meetings, 2004 exams, or depositions transcripts have been previously filed in this

case, this statement of facts will reference the docket number for said transcript.

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7. UNCONTESTED - At the Relevant Time, one year before Debtor's bankruptcy

filing, August 16, 2014 to August 16, 2015, (hereafter "Relevant Time") the Curragh Irish

Pub had four locations, Chicago, IL (referred to the "Edison Park Location" since it's in the

Chicago neighborhood of Edison Park), Glenview, IL ("Glenview Location"), Skokie, IL

("Skokie Location") and Holland, MI ("Holland Location"). The Edison Park Location,

Skokie Location, Glenview Location, and Holland Location are hereafter collectively

referred to as "Four Curragh Bars"). Trial Ex. 12.

8. UNCONTESTED - At the Relevant Time, according to Debtor, Holland Pub,

LLC owned and operated the Curragh bars/restaurants in Edison Park, IL and Holland, MI.

Doc. 175, its Ex. 3 p. 65 In. 12-13.

9. UNCONTESTED - At the Relevant Time, according to Debtor, Debtor and his

sister Sophia Leongas were the only owners of Holland Pub, LLC. Doc. 175, its Ex. 3 p. 64 ln.

8.

10. UNCONTESTED - According to Debtor, EP Curragh, LLC previously owned

and operated the Edison Park Curragh Location. Doc. 175, its Ex. 3 p. 16 In. 20.

11. UNCONTESTED - According to Debtor, at the Relevant Time, Curragh Glen,

LLC owned and operated the Curragh pub/restaurant in Glenview, IL. Doc. 175, its Ex. 3. p.

71 In. 21 - p. 721n. 22.

12. UNCONTESTED - For the Relevant Time, Debtor alleges his other sister Lydia

Leongas was the only owner of Curragh Glen, LLC. Doc. 175, its Ex. 3 p. 731n. 14.

13. UNCONTESTED - According to Debtor, at the Relevant Time, Skokie Curragh,

LLC owned and operated the Curragh pub/restaurant in Skokie, IL. Doc. 175, its Ex. 3. p. 73

In. 20. p. 74 In. 17.

14. According to Debtor, at the Relevant Time, Skokie Curragh had three coequal owners: a) EGIO Consulting LLC Series I, owned by Debtor's minor children, b) an

entity related to Glenn Udell, and c) the Estate of Sheldon Kaufmann. Doc. 175, tis Ex. 3. p.

73 In. 20. P. 74 In. 17.

15. According to Debtor, at the Relevant Time, the real estate where Edison Park

Curragh is located, 6701-09 N Northwest Hwy., Chicago, IL ("Edison Park Real Estate"), was

owned by EPC Properties, LLC ("EPC"). Doc. 175, its Ex. 3 p. 44 In. 11-16.

16. UNCONTESTED - According to Debtor, at the Relevant Time, Sophia Leongas

was the sole owner of record for EPC. Doc. 175, its Ex. 3 p. 441n. 11-16, Ex. 29.

17. UNCONTESTED - According to Debtor, at the Relevant Time, the real estate

where Holland, Michigan Curragh is located, 73 East. 8th Street, Holland, MI, was owned by

Downtown Holland Properties, LLC ("DHP"). Doc. 175, its Ex. 3 p. 65 In. 24.

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18. UNCONTESTED - According to Debtor, at the Relevant Time the only owners

of DHP were Debtor and Sophia Leongas. Ex. 3 p. 641n. 8. Ex. 3 p. 65 In. 20 - p. 66 In. 16.

19. According to Debtor, at the Relevant Time, the real estate where the Skokie,

IL Curragh is located, 8266 N. Lincoln Ave., Chicago, IL, was owned by 8266 N. Lincoln, LLC.

Doc. 175, its Ex. 3 p. 74 In. 12.

20. According to Debtor, at the Relevant Time, the owners of record of 8266 N

Lincoln, LLC were: a) EGIO Consulting LLC Series I, owned by Debtor's minor children, b)

an entity related to Glenn Udell, and c) the Estate of Sheldon Kaufmann. Doc. 175, its Ex. 3.

p. 73 In. 20. P. 741n. 17.

21. According to Debtor, Dan Touhy ("Touhy") is a friend of Debtor and is one of

Debtor's attorneys. Ex. 3 p. 47 In. 5-6. He was also the alleged owner of Edison Park

Acquisition LLC ("EPA"). Doc. 175, its Ex. 3. p. 43 In. 5-12.

22. According to Debtor, Jody Libman ("Libman") is a childhood friend of Debtor

who allegedly purchased Debtor's Residence pursuant to a short sale and later transferred

the Residence to for which Debtor's mother-in-law Judith Iovino is the trustee and EGIO

Consulting LLC - Series G, owned by Debtor's minor children is sole beneficiary. Doc. 175,

its Ex. 3 p. 95 In. 22, p. 99 In. 12- p. 100 In. 11.

II. Statement of Jurisdiction

23. UNCONTESTED - The Court has jurisdiction of the over the matter pursuant

to 28 U.S.C. § 1334 and the internal operating procedure 15(a) of the United States District

Court for the Northern District of Illinois. This is a core proceeding under 28 U.S.C. §

157(b)(2)(I).

III. PNC's 735 ILCS 5/2-1402 Citation

24. After entry of the Judgments PNC initiated a citation proceeding ("Citation")

against Debtor pursuant to 735 ILCS 5/2-1402. Trial Ex. 1, Doc. 175, its Ex. 3 p. 6-7.

25. In response to PNC's Citation, Debtor answered that he had no income or

assets. Trial Ex. 1.

26. During Debtor's 2004 exam Debtor stated that the income and asset form

accurately reflected his income and assets as of January of 2015. Doc. 175, its Ex. 2 p. 11 In.

19 to p. 12 In. 1.

27. Debtor did not list any support or loans from family members on his answer

to the Citation. Trial Ex. 1; Doc. 175, its Ex. 3 p. 2.

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IV. Income

A. Debtor's Income

28. UNCONTESTED - Debtor was the sole member and manager of PLL, LLC

("PLL") at all times.

29. In 2011 PLL, LLC had gross income of $225,000. Trial Ex 60-2, its Sched. C.

30. In 2012 PLL, LLC had gross income of $232,000. Trial Ex. 60-1, its Sched C.

31. The source of PLL, LLC's income was its lease with EP Curragh, LLC for the

Edison Park Real Estate. Trial Ex. 74.

32. Once PNC's foreclosure of the Edison Park Real Estate was complete PLL and

consequently Debtor, was no longer entitled to receive rental income from the EP Curragh,

LLC.

33. Debtor listed no personal income from 2014 to 2015 in his bankruptcy

schedules. Trial Ex. 4 (Doc. 16) at 18.

34. In his bankruptcy schedules, Debtor disclosed total monthly household

income of $7,473.62 consisting of his wife's annual $75,000 salary from a Curragh bar and

$2,517.57 per month in "contributions" from Holland Pub and Sophia Leongas. Trial Ex. 5

(Summary of Schedules) Doc. 18 at 4.

35. During PNC's 2004 Exam, Debtor described his role with the Four Curragh

Bars as a "consultant." Doc. 175, its Ex. 2 p. 19 In. 15, ex. 3 p35 In. 9.

36. Debtor is identified as an owner on the Four Curragh Bar's website. Trial Ex.

6(a printout from the Curragh's website titled "Who We Are" stating "Siblings and owners

of the pub, Lydia and Paul Leongas..."; Trial Ex. 7 ("press release" from the Curragh's

website where Paul Leongas is described as "owner");

37. Debtor listed himself as a 100% owner when renewing the liquor licenses for

the Skokie Curragh location and Edison Park location. Trial Ex. 8 (2014 and 2015 liquor

license applications showing Debtor as "100% owner").

38. Debtor has held himself out to be "the manager" of the Edison Park Curragh

Location. Trial Ex. 10 (Debtor's Linkedln page stating he is "manager" of Curragh Irish

Pub; Trial Ex. 11 (affidavit of Debtor stating he is the "manager" of the Edison Park Curragh

Location).

39. UNCONTESTED - On average, Debtor spends a majority of his time, on

average at least 40 plus hours per week, consulting for the Four Curragh Bars. Doc. 175, its

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Ex. 2 p. 41 In. 8-9.

40. According to Debtor's Wife, during the Relevant Time, Debtor sometimes

spent 60 hours per week working for the Four Curragh Bars.

41. During his 2004 exam Debtor denied ever being an employee of the Four

Curragh Bars. Doc. 175, its Ex. 2 p. 211n. 2-12.

42. Debtor listed EP Curragh as his employer for three years, with a $10,000 per

month salary on a loan application to Bridgeview Bank in 2011. Trial Ex. 45.

43. During Debtor's 341 examination he stated he receives no income for

'helping' his sisters. Doc. 175, its Ex. 3 p. 35 In. 6-9 (in response to question from U.S.

Trustee asking if he receives income Debtor states "No. it's a family business").

44. During PNC's 2004 exam when asked about what compensation he receives

from the Four Curragh Bars, Debtor stated he received car expenses and nothing further.

Doc. 175, its Ex. 2 p. 49 In. 16-17 ("Q: And anything else? A. Not of the top of my head.")

45. During PNC's 2004 exam Debtor claimed not to understand the concept of

"Income." Doc. 175, its Ex. 2 p. 141n. 15, p. 631n. 9-11, p. 103 In. 20 - p. 1041n. 21.

B. Debtor's Wife's Income

46. Statements for Debtor's Wife's one checking account at Park Ridge

Community Bank ("PRCB") from July of 2014 to November of 2015 identify average

monthly deposits of $26,737.65 and debits of $26,591.03. Trial Ex. 52 (Park Ridge

Community Bank Statements for account ending in x9701).

47. From January of 2014 to March of 2015 Debtor's wife received at least

$168,000 in checks drawn on -Edison Park Acquisition, LLC's account. Trial Ex. 52 PRCB

28, 29, 35, 37, 49, 50.

48. Debtor signed all but two of these checks on behalf of EPA. Trial Ex. 52 PRCB

28, 29, 35, 37, 49, 50.

49. Debtor's wife claims she does not know why she received this $168,000 from

EPA.

50. Debtor and his wife did not list any monies from EPA as income on his

bankruptcy schedules. Trial Ex. 4,5.

51. In 2013, Debtor's wife received approximately $21,100 in checks signed by

Debtor from an account owned by 635 Belden, LLC, which Debtor solely managed. Trial Ex.

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52 PRCB 4,12,15,16,17,19,22,23,26.

52. In 2013, Debtor's wife received approximately $21,000 from and account

owned by EP Curragh, Trial Ex. 52 PRCB 7-9,13,14,17.

53. In 2013, Debtor's wife had cash deposits totaling $16,500. Trial Ex. 52 PRCB

3-27 noted by "Cash In" ticket).

54. Debtor did not list the monies his wife received from various sources in 2013 in his bankruptcy schedules. Trial Ex. 4 p. 18 (Doc. 16).

55. Debtor's wife stated she had a salary of $175,000 and net worth of $475,916 in a personal financial statement submitted to Bridgeview Bank six months before Debtor's

bankruptcy Trial Ex. 21, BVB BK 7788.

C. Cash

56. During Debtor's 2004 exam, Debtor claimed that he did not receive any cash

from the Four Curragh Bars. Doc. 175, its Ex. 2 p. 107 In. 8-13.

57. During the Relevant Time, Debtor cashed seven checks payable to "cash"

from the Four Curragh Bars totaling $25,200. Trial Ex. 40 (Copies of Checks from

Bridgeview Bank payable to "Cash" endorsed by Debtor).

58. Debtor has not produced any records tracking the use or whereabouts of this

cash

D. Tax Refund

59. On November 2, 2015, Debtor deposited a tax refund from the State of Illinois

dated 10/30/15 in the amount of $2,656.00. Trial Ex. 41.

60. Debtor deposited this check into an account owned not by Debtor, but owned

by EPC Properties, LLC. Trial Ex. 41. (see deposit ticket).

61. On November 4, 2015, Debtor deposited a federal tax refund in the amount of

$6,016.00 into an account owned by Holland Pub, LLC. Trial Ex. 42.

62. Debtor did not disclose the tax refunds until presented with documentary

evidence during PNC's 2004 exam. Doc. 175, its Ex. 2 p. 132 In. 9-18; 14-49 ln. 18 to p. 148

I n. 6.

63. Debtor has not turned the funds from the two tax returns over to the trustee.

IV. Expenses

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64. Debtor included two schedule Js in his bankruptcy filing. Trial Ex. 5 p. 5-9

(doc. 18).

65. Debtor filed one schedule J for himself and one schedule J for his non-filing

spouse. Trial Ex. 5 p. 5-9 (doc. 18).

66. Debtor's wife's schedule J does not state the actual household expenses for

Debtor and his wife. Trial Ex. 5 p. 7-8.

67. Debtor's wife's schedule J contains the standard IRS expenses for line 4

(home expenses), line 7 (food and house supplies), and line 12 (transportation) rather than

Debtor and his wife's actual expenses for these items. Trial Ex. 5 p. 7-8.

68. Debtor's schedule J does not contain all actual household expenses for

Debtor and his wife. Trial Ex. 5 p. 5-6.

69. Neither of the schedule Js filed by Debtor disclose the mortgage payments for

Debtor's Residence, the payment for Debtor's car, the amounts spent on expenses by

Debtor and his wife every month using Debtor's two American Express cards, or the

amounts spent on expenses by Debtor's wife using her various credit cards and Park Ridge

Community Bank checking account. Trial Ex. 5 p. 5-8.

A. Debtor's Residence

70. UNCONTESTED - Debtor and his family have resided at the Residence since

2009. Doc. 175, its Ex. 3 p. 911n. 1.

71. The Residence appraised for $1,846,000 in 2015. Trial Ex. 13.

72. At the Relevant Time Bridgeview Bank held a junior mortgage against the

Residence related to a Home Equity Line of Credit ("HELOC") in the original principal

amount of $536,648.13 extended to Debtor and his wife with an account number ending in

x23001 that Debtor did not disclose in his Schedules. Trial Ex. 16, 40.

73. At the Relevant Time Bridgeview Bank had a first lien priority mortgage

against the Residence related to a loan to Jody Libman ending in account number x10301.

Trial Ex. 38-1, 38-4

74. At the Relevant Time as set forth in bank records from Bridgeview Bank, the

Four Curragh Bars and EPA, among others, made payments on Debtor's x23001 loan. Trial

Ex. 14, 38-2.

75. At the Relevant Time, the monthly payment on Debtor's HELOC x23001 loan

was $3,175.66 per month. Trial Ex 14.

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76. At the Relevant Time as set forth in bank records from Bridgeview Bank, the

Four Curragh Bars and EPA, among others, made payments on Libman's x10301 loan. Trial

Ex. 15, 38-1.

77. At the Relevant Time, the monthly payment on Libman's x10301 loan was

$6,270.22 Trial Ex. 15.

78. Debtor did not list the expense for the HELOC x23001 loan secured by the

junior mortgage on the Residence on either of the schedule Js he filed. Trial Ex. 5 p. 5-8

79. Debtor did not list the expense for Libman's x10301 loan related to the

Residence on either of the schedule js he filed. Trial Ex. 5 p. 5-8

80. Debtor did not list the payments made by the Four Curragh Bars for Debtor's

HELOC x23001 loan or Libman's x10301 loan's as income on his Bankruptcy Schedules.

Trial Ex. 5 p. 5-8.

B. Debtor's Two American Express Cards

81. At the Relevant Time Debtor had at least two American Express cards in his

name. The first, ending in x4005 (previously & x3007); the second ending in x71002.

Trial Ex. 16-19. Copies of the monthly statements for Debtor's cards x4005 and x71002 are

attached hereto as Trial Ex. 17, 19.

82. For American Express card x4005 the statements show Debtor (or his wife)

used this card for personal use. Trial Ex. 17 (airfare to Florida, purchases at Victoria Secret,

Marianos, Target, Dicks Sporting Goods, Walgreens, and numerous restaurants).

83. For American Express card x 71002 the statements show Debtor used this

card for personal use. Trial Ex. 19 (showing airfare to Florida, airfare to Georgia (which

includes tickets for Debtor's wife and children), airfare to Mexico, airfare to Texas (for

Debtor and his son), numerous purchases in Florida and Mexico, purchases at Starbucks,

gas stations, Google Games, ITunes, Walgreens, Dicks Sporting Goods, numerous

restaurants, Marianos Grocery Store, Verizon store). See also Trial Ex. 64 where Debtor

marked what he claims are the only personal expenses with a "P."

84. At the Relevant Time Debtor's wife was the primary user of card ending in

x4005 which she used for personal use. Doc. 175, its Ex. 2 p. 511n. 11.

85. At the Relevant Time Debtor was the primary user of card ending in x71002

which he used for personal use. Doc. 175, its Ex. 2 p. 106 In. 13 to p 1071n 7.

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86. During the Relevant Time the Four Curragh Bars, among others, made

monthly payments on Debtor's x4005 and x71002 American Express Cards as set forth in

the records from American Express. Trial Exs. 16, 18 (documents from American Express

showing payments from bank accounts and the first pages of certain bank accounts to

confirm account numbers); Doc. 175, its Ex. 2 p 511n. 9-10; Ex. 2 p. 60 In. 23 - p. 66 In. 15.

87. Debtor did not list the amounts he and his wife spent using the American

Express cards on either of the schedule js he filed. Trial Ex. 5 p. 5-8.

88. Debtor did Debtor did not list the amounts paid for the American Express

cards as income on his bankruptcy schedules. Trial Ex. 5 at 3, Trial Ex. 4 p. 18

89. During the Relevant Time, Debtor used the x71002 American Express Card

for at least $23,005.10 in personal purchases which averages to $1,917.10 per month using

the items Debtor designated as "P" or admitted were personal during his deposition. See

Trial Ex. 64 where Debtor marked what he claims are the only personal expenses with a

"P." Debtor changed certain answers from B to P during his deposition on January 13,

2020.

90. Adding charges for restaurants, gas, toll roads, and Starbucks (all of which

Debtor marked as "B" to denote a business charge) increases Debtor's monthly use of the

x71002 American Express Card another $873.59 for a total of $2,790.69 per month for

personal use during the Relevant Time. See Trial Ex. 64 where Debtor marked what he

claims are the only personal expenses with a "P."

91. Debtor did Debtor did not list the amounts paid for the American Express

cards as income or expenses on his bankruptcy schedules. Trial Ex. 5 at 3; Trial Ex. 4 p. 18.

C. Debtor's Car

92. During the Relevant Time, the Four Curragh Bars paid for 2015 Infinity

Debtor used in the approximate amount of $600 per month. Doc. 175, its Ex. 2 p. 50 In. 10; .

SJ. Ex. 3 p. 37 In. 16

93. Debtor did not list these car payments as expenses or income on his

bankruptcy schedules. Trial Ex. 5 p. 5-8; Trial Ex. 5 p. 3; Trial Ex. 4 p. 18.

D. Debtor's Wife's Credit Cards and Miscellaneous Household Expenses

94. Debtor and his wife's actual expenses, including items such as car payments,

credit card payments (which are used on a monthly basis to pay living expenses), and

utilities are not listed on Debtor's schedule Js. Compare Ex. 52 PRCB 150-205 (monthly

statements showing ACH payments for various expenses) to Trial Ex. 5 p. 5-8.

95. In the Relevant Time, Debtor's wife paid for numerous household expenses,

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including credit cards used to pay household expenses, using her Park Ridge Community

Bank account ending in x9701. Trial Ex. 52 PRCB 150-205

96. During the Relevant Time, Debtor's wife's Park Ridge Community Bank

account shows monthly expenses averaging $2,310.82 for the Wife's credit cards, $725.52

for a U.S. Bank loan, $1,080.70 to dances studio, and $433.49 for Debtor's Park Ridge

County Club membership. Trial Ex. 52 PRCB 150-205 (showing monthly ACH payments for

credit cards and U.S. Bank loan, and monthly checks to Park Ridge County Club and Studio

22 High Tek for dance).

97. These household expense paid from the PRCB account ending in x9701 are

not listed on either of the schedule Js filed by Debtor. Trial Ex. 5 p. 5-8.

98. Debtor did not disclose these expenses paid from the PRCB account ending in

x9701to his attorney Kevin Benjamin. Trial Ex. 5 p. 5-8.

99. Debtor was aware of these expenses at the time he filed this bankruptcy.

V. Edison Park Acquisition, LLC

A. Undisclosed Funds Debtor and His Wife Received from EPA

100. From January 1, 2013 to August 16, 2015, Debtor's Wife, Sharise Leongas,

received at least $160,000 from EPA. Trial Ex. 52 PRCB 28, 29, 35, 37, 49, 50

101. Debtor did not disclose the payments his wife received from EPA as income

on his Bankruptcy Schedules. Trial Ex. 4, 5.

102. Proceeds from Bridgeview Bank's loan to EPA were used to pay a previous

HELOC loan in Debtor and his wife's name from Bridgeview with an account ending in

x6700 as well as a mortgage on Debtor's residence, account ending in x10301, on or about

September 11, 2013. Trial Ex. 15 p. BVB BK 3359 (showing loan payment amount of

$6,046.77 in 2013), Trial Ex. 79 (showing monthly payments on x6700 in the amount of

$3,233.99) Trial Ex. 78 (Bridgeview Bank Loan History for EPA loan showing advance of

$6,046.77, and advance of $6,467.98 which is $3,233.99 multiplied by two); see also Trial

Ex 90, 92, 93, 96.

103. Debtor did disclose the payments EPA made on his loans as income on his

bankruptcy schedules. Trial Ex. 4 and 5.

B. Debtor's Equitable Interest in EPA

104. UNCONTESTED - Debtor owned an entity entitled PLL, LLC which obtained a

loan from PNC's predecessor, National City Bank, N.A to purchase the Edison Park Real

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Estate. On July 1, 2009, PNC filed a lawsuit seeking to foreclose its mortgage ("Foreclosure

Litigation") against the Edison Park Real Estate. Trial Ex. 44.

105. While the Foreclosure Litigation was pending, Debtor made arrangements

for a third party short-term lender, BCL Capital Funding, LLC ("BCL" which is referred to in

some of the exhibits as 'Barnett' or 'Barnett Capital') to purchase the Edison Park Real

Estate at the judicial sale in connection with the Foreclosure Litigation whereby Debtor

possessed the option to purchase the Property v from BCL within a few months. Trial Ex.

72 p. 3, 73.

106. On January 25, 2013, BCL purchased the Edison Park Real Estate. Doc. 175,

its Ex. 27.

107. Debtor, during his 2004 exam stated that he had nothing to do with BCL

purchasing the Edison Park Real Estate. Doc. 175, its Ex. 3 p. 165 In. 20-22

108. Debtor entered into a contract with BCL whereby Debtor obtained the right

to purchase the Edison Park Real Estate. Trial Ex. 72 p. 3, 73.

109. Debtor assisted Touhy in obtaining a loan from Bridgeview Bank for EPA to

purchase the Edison Park Real Estate from BCL. Trial Exs. 23-24.

110. Debtor corresponded with Bridgeview Bank regarding the loan for EPA to

purchase the Edison Park Real Estate and regarding Touhy, including the emails attached

hereto as Trial Exs. 23-24.

111. Debtor obtained funds from friends and family in an aggregate amount

exceeding $360,000 as a down payment on the Edison Park Real Estate for EPA's purchase.

Trial Ex. 26, which is a chain of emails wherein (see August 19, 2013 3:58 PM email),

Debtor tells BCL that as part of the EPA's purchase of the Property, he needs the contract to

net out his earnest money so that he can pay back his family.

112. On or about August 30, 2013, EPA purchased the Edison Park Real Estate

from BCL. Trial Ex. 27 (settlement statement). The purchase funds came entirely from the

approximate $363,200 Debtor borrowed from friends and family for the earnest money

and the $2.3 million dollar loan from Bridgeview Bank, which Debtor arranged. Trial Ex.

27; Trial Ex. 26 (emails where Debtor states he needs to re-pay his family for earnest

money); Trial Ex 23 (Debtor telling Bridgeview that Touhy is on board).

113. UNCONTESTED - On or about December 31, 2013 EPA sold the Edison Park

Real Estate to an entity entitled EPC Properties, LLC ("EPC"). Trial Ex. 28 (settlement

statement).

114. EPC's purchase of the Edison Park Real Estate resulted in approximately $1.8

million in net proceeds being paid to EPA. Trial Ex. 28.

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115. On or about December 31, 2013 Touhy's firm received the approximate $1.8

million proceeds. Touhy initially deposited the funds into his law firm's client funds

account ending in x0889. Trial Ex. 30.

116. After payment of $366,000 for repayment of escrow money Debtor borrowed

to facilitate BCL's purchase, payment of $75,000 to EPC and Holland Pub, and a few

miscellaneous payment Touhy's firm subsequently transferred the remaining

$1,313,605.97 from his firm's client accounts to EPA's account ending in x5460 at Belmont

Bank. Trial Ex. 31 (ledger produced by Touhy) and Trial Ex. 32, which are bank account

records for EPA's account ending in x5460.

117. From there, nearly all of the remaining $1,313,605.97 was paid to people or

entities related to Debtor as follows from May of 2014 to May of 2015:

a. Debtor's Wife, Sharise Leongas, received at least $160,000 from

EPA since January of 2014. Trial Ex. 52 PRCB 28, 29, 35, 37, 49, 50.

b. EPC received at least $310,924.53 from EPA. Trail Ex. 32 at

Belmont 163, 172, 173, 181, 182, 183, 185, 187, 190, 194, 195, 199,

323.

c. Curragh Glen, LLC received $115,000. Trial Ex. 32 at Belmont 172,

176, 177, 178, 181, 182, 183, 185,191, 201.

d. EPA paid at least $34,701.03 for the American Express Card in

Debtor's name ending in x4005 and at least $227,875.98 for the

American Express Card in Debtor's name ending in x1002. Trial Exs.

16,18.

118. Debtor signed Touhy's name for many of the checks written from the x5460

account. Compare Trial Ex. 32 at 159 to checks written after December 2014 (Trial Ex. 32

at 190-99) and Debtor's signature on the last page of Trial Exs. 4 & 5; See also Trial Ex. 33,

(Doc. 146-10) at 12 ¶ 25, 31-32 (Touhy admitting he authorized Debtor to sign checks).

Ex. 34.

95.

119. Debtor collected rent for the Edison Park Real Estate on behalf of EPA. Trial

120. Debtor worked to obtain EPA's loan from Bridgeview Bank. Trial Exs. 23, 24.

121. Debtor handled payments on the EPA's Bridgeview Bank Loan. Trial Exs. 24,

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122. Debtor set up a checking account for EPA. Trial Ex. 24.

123. During his 2004 exam, Debtor stated that he had nothing to do with EPA

purchasing the Edison Park Real Estate from BCL, nothing to do with EPA obtaining a loan

for the purchase, and nothing to do with setting the sales price. Doc. 175, its Ex. 2 p. 167 In.

7-12, P. 1681n. 9-12.

124. During his 2004 exam, Debtor stated he had `no idea' why Touhy's firm and

EPA paid money to EPC. Doc. 175, its Ex. 2 p. 1281n. 12-14; p. 1291n. 3-12; p. 1301n. 23-p.

1311n. 4.

125. Touhy, (who is allegedly one of Debtor's attorneys) in an affidavit stated i) he

retained Debtor to handle payment of funds from EPA to EPC and gave Debtor permission

to write checks from the EPA account. Trial Ex. 33 Doc. 146-10 at 12 If 25,31-32.

VI. Debtor's Residence

126. Debtor took ownership of the Residence in 2009. Doc. 175, its Ex. 3 p. 91 In.

1.

127. Debtor arranged for a 'childhood friend' (Doc. 175, its Ex. 3 p. 96 In. 6) Jodi

Libman to purchase the Residence pursuant to a short sale and Libman purchased the

Residence with a loan from Bridgeview Bank which Debtor assisted Libman in procuring.

Trial Ex. 35 (Debtor coordinating loan with Bridgeview Bank).

128. While Libman allegedly owned the Residence, the Four Curragh Bars made

monthly payments on Libman's loan from Bridgeview. Doc. 175, its Ex. 3 p. 981n. 13-16, p.

1011n. 16 p. 1021n. 1; see also Trial Ex. 15 (copies of checks from Bridgeview Bank).

129. The lender, Bridgeview Bank went directly to Debtor when the payments on

Libman's were past due. Trial Ex. 36, 98.

130. Debtor personally handled the payment of Libman's loan. Trial Ex. 91.

131. On or about June 5, 2015 Libman quit claimed the Residence to Judith lovino

(Debtor's mother-in-law) as trustee for the 921 South Broadway Land Trust. Debtor claims

EGIO Consulting LLC - Series G, owned by Debtor's minor children, is the beneficiary of this

trust. Doc. 175, its Ex. 3 p. 991n. 11 - p. 1001n. 11.

132. The 921 South Broadway real estate was not listed as an asset in Debtor's

child's 2018 FAFSA application. Trial Ex. 62, 63.

133. On May 6, 2016, Debtor's wife and Debtor's friend/attorney Glenn Udell

obtained a $1,325,852.47 loan from Bridgeview to pay off Libman's loan, which loan was

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secured by a mortgage on the Residence. Trial Ex. 37.

134. The proceeds of this 2016 loan also paid off Debtor's $536,648.13 HELOC

note owed to Bridgeview. Ex. 37 (Bridgeview Bank loan approval referencing refinance of

x23001 and x10301) (for proof that x10301 and 23001 are Debtor's and Libman's, see the

account numbers listed on the second page of the Change in Terms and Note in Trial Exs.

38-1 to 38-4).

135. Debtor failed to list the Residence, or mortgage payments related to the

Residence, on his bankruptcy schedules. Trial Exs. 4,5.

VII. Discovery

136. PNC's 2004 subpoena for document production to Debtor required

production of, inter alia, Debtor's emails related to his Residence, the trust which took

ownership of his residence, bank accounts, money paid for Debtor's living expenses,

automobiles, insurance, gifts, wills and trusts, EPA's purchase of the Edison Park Real

Estate, and Debtor's assets. Doc. 175, its Ex. 41.

137. Debtor did not produce emails but instead provided an affidavit of

completeness attesting that had produced all required documents on April 27, 2016. Trial

Ex. 39.

138. During Debtor's 2004 exam he stated he produced all of the emails he

possessed. Doc. 175, its Ex. 2 p. 17 In. 19-24.

139. During PNC's 2004 exam Debtor stated that he used email and possibly used

email related to his assets and financial affairs. Doc. 175, its Ex. 2 p. 13-162.

140. Debtor produced 1311 pages of emails dating back to 2015 on or about

October 9, 2017. Stamped Leongas 00001-01311.

141. With leave of Court PNC issued 2004 subpoenas to Bridgeview Bank,

Belmont Bank, Park Ridge Community Bank, and American Express. Doc. 27,42.

142. In response to PNC's subpoenas to Bridgeview Bank, Belmont Bank, Park

Ridge Community Bank, and American Express , i) Debtor filed an objection (doc. 36) and

ii) Debtor's wife and the Four Curragh Bars filed a motion to quash attempting to prevent

PNC from obtaining these records from Bridgeview Bank, Belmont Bank, Park Ridge

Community Bank. Doc. 53.

VIII Miscellaneous Statements

143. In response to PNC's question as to how much money Debtor charges per

month to the two American Express Debtor stated "I have no idea." Doc. 175, its Ex. 2, p.

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75 In. 6-9.

144. During the initial 341 meeting Debtor stated he didn't know whether Libman

paid cash for the house. Doc. 175, its Ex. 37; Ex. 50 p. 111n. 23.

145. During the initial 341 meeting Debtor stated he didn't know who the

beneficiaries are of the trust that received title to 921 S Broadway from Libman. Doc. 175,

its Ex. 3 p. 99 In. 12 - p. 101 In. 6; Ex. 50 p. 22 In. 25

VIII. Kevin Benjamin

146. Debtor requested attorney Kevin Benjamin ("Benjamin") file bankruptcy for

Debtor.

147. Debtor reviewed all of the bankruptcy schedules for accuracy prior to them

being filed. Doc. 175, its Ex. 3 p. 101n. 1-7; Ex. 50 p. 5 In. 21-24.

148. Prior to filing Debtor's bankruptcy, Benjamin provided Debtor with a

document entitled "Benjamin Rules for Filing Bankruptcy" stamped (Trial Ex. 53) which

Debtor electronically signed.

149. Prior to filing Debtor's bankruptcy, Benjamin provided Debtor with a

document entitled "Chapter 7 Process Information" (Trial Ex. 54) which Debtor

electronically signed.

150. Prior to filing Debtor's bankruptcy, Benjamin provided Debtor with a

document entitled "Benjamin Debt Assistance Initial Consultation" (Trial Ex. 55) which

Debtor electronically signed.

151. Prior to filing Debtor's bankruptcy, Benjamin sent Debtor a link to an online

Questionnaire (Ex. 56) (hereafter Questionnaire") through the company My Case regarding

Debtor's income, assets, and expenses.

152. Debtor provided answers to the Questionnaire to Benjamin on or about

August 13, 2015. Ex. 56.

153. In his answer the Questionnaire, Debtor did not list any employment, spouse

employment, business income, contributions to household expenses, residences, expected

tax refunds, or credit cards. Trial Ex. 56. P. KB 102-114.

154. On September 20, 2015 at 4:04 P.M. Benjamin emailed Debtor and stated that

Debtor had not yet provided any of Debtor's household expenses despite requesting the

information in the Questionnaire and in several subsequent correspondences. Trail Ex. 69.

155. On September 20, 2015 at 8:40 Debtor emailed Benjamin a response to

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Benjamin's 4:04 P.M. email in which Debtor fails to list numerous expenses of his

household including car payments, credit card payments (which include living expenses),

utilities, and insurance. Trial Ex. 70.

156. In Debtor's September 20, 2015 8:40 P.M. email to Benjamin, Debtor states

that Jody [Libman] owns Debtor's house and that Libman deeded it into a trust. Trial Ex. 70.

157. Benjamin requested all actual household expenses from Debtor. 9/20/15

email and Questionnaire. Trial Ex. 69.

158. On September 20, 2015 Debtor told Benjamin that Libman owned Debtor's

residence through a trust. Trial Ex. 70.

IX. Loans

159. No written agreements exist for the purported loans from the Four Curragh

Bars to Debtor and his family. Doc. 175, its Ex. 2 p. 671n. 1-13; Doc. 198, its Ex. 66 p. 79 ln.

4-16, p. 80 In. 16-23, p. 81 In. 11-20, p. 90 In. 24 to p. 911n. 24.

160. There is no maturity date, interest rate, or repayment terms for the

purported loans from the Four Curragh Bars to Debtor and his family. Doc. 175, its Ex. 2 p.

671n. 1-13; Doc. 198, its Ex. 66 p. 79 ln. 4-16, p. 80 ln. 16-23, p. 81 In. 11-20, p. 90 ln. 24 to

p. 911n. 24.

161. On its 2015 balance sheet Skokie Curragh, LLC listed $7,007.28 in accounts

receivable owed by Debtor. Trial Ex. 65. P. 3.

162. On its 2015 balance sheet the 'Curragh Edison Park' listed $7,026.50 in

accounts receivable owed by Debtor. Trial Ex. 67 p. 3.

163. On its 2015 balance sheet Holland Pub, LLC listed $38,032.96 in accounts

receivable owed by Debtor. Trial Ex. 67 p. 4.

164. On its 2015 balance sheet EPC Properties, LLC listed zero in accounts

receivable owed by Debtor. Trial Ex. 68 p. 4.

165. Debtor has produced no records depicting any repayment by him of any

"loans" made to him by the Curragh bars.

166. Debtor's sister Sophia does not expect any "loans" made by the Curragh bars

to Paul to be repaid. Doc. 198, its Ex. 66 p. 79 In. 4-16, p. 80 In. 16-23, p. 81 In. 11-20, p. 90

In. 24 to p. 911n. 24.

IX. Stipulations as to Authenticity of Certain Documents

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167. The checks included in Trial Exhibit 14 are true and accurate copies of checks

paid to Bridgeview Bank and applied to the HELOC loan to Debtor and his wife.

168. The checks included in Trial Exhibit 15 are true and accurate copies of checks

paid to Bridgeview Bank and applied to the first priority mortgage loan made to Jody

Libman.

169. Trial Exhibit 16 is a true and accurate summary of the monthly American

Express Payment Totals produced by Amex and One Page Bank Account Statements to

Match Account numbers for Amex card x4005.

170. The documents in Trial Exhibit 17 are true and accurate copies of Statements from American Express for Card x4005 from August of 2014 to August of 2015.

171. Trial Exhibit 18 is a true and accurate summary of the American Express

Payment Totals produced by Amex and One Page Bank Account Statements to Match

Account numbers for Amex card x1002.

172. The documents in Trial Exhibit 19 are true and accurate copies of Statements

from American Express for Card x4005 from September 2013 to August of 2015.

173. The documents in Trial Exhibit 32 are true and accurate copies of the

Belmont Bank Account Statements for EPA Account ending in x5460.

174. The documents in Trial Exhibit 40 are true and accurate copies of checks

from EPC Properties, LLC (Bridgeview Bank Account No. x1301) and Curragh Glenn, LLC

(Triumph Comm. Bank) cashed by Debtor.

175. The documents in Trial Exhibit 52 are true and accurate copies of Park Ridge

Community Bank statements, checks and debits from PRCB Account ending in 9701 for

2013 to 2015.

176. Trial Exhibit 78 is a true and accurate Bridgeview Bank Group payment

history depicting payments applied to, and advances from, the Jody Libman Loan ending in

x7500.

177. Trial Exhibit 79 contains true and accurate copies of the payments applied to

the Bridgeview Bank Group HELOC to Paul and Sharise's ending in x6700.

DEFENDANT'S STATEMENT OF CONTESTED AND UNCONTESTED FACTS

177. UNCONTESTED. On August 16, 2015 ("Petition Date"), the Debtor filed a

voluntary petition for relief under chapter 7 of title 11 of the United States Code by the filing

of a skeletal petition ("Bankruptcy Code"). Ex. 1.

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178. The skeletal petition was filed because the Debtor's attorney was leaving for an

extended vacation.

179. Prior to the Petition Date, the Debtor met with his attorney and disclosed that his

sisters paid his credit card bills as well as the mortgage as de facto rent on his residence, which

was owned at the time by a trust of which his children were the beneficiaries.

180. The Debtor provided his attorney information regarding his detailed expenses, but

relied upon his attorney's advice that the appropriate practice would be to file using the standard

IRS deductions for a household of 5 people rather than actual expenses.

181. Indeed, until recently, the Debtor did not fully understand or appreciate that the

attorney's methodology on Schedule J might not be appropriate or that a creditor might argue

this method of disclosing expenses suggested a kind of intentional misconduct.

182. UNCONTESTED. On September 21, 2015 the Debtor's attorney filed Schedules I

and J. Ex. 10

183. Regardless, the Debtor, a non-attorney, reasonably relied on his attorney for his

advice regarding such disclosures.

184. The Debtor made candid and substantial disclosures in his schedules consistent with

his understanding of what he understood to be the required disclosures based on his consultation

with and the advice of his attorney.

185. On the topic of his income, Paul informed his attorney that he had not received a

paycheck from any business for many years and that other than his wife's paychecks, the sole

source of support for the Debtor and his family was in the form of loans and assistance from his

sisters and their businesses who paid his credit cards and housing related expenses. Ex. 38.

186. While the Debtor had historically provided for his family through his efforts as a

real estate investor and developer until the foreclosure crisis, since then, he has mostly subsisted

on assistance in the form of loans from his family and Holland Pub and the kindness of his

friends.

187. The loans received mostly from his family's businesses were actually booked as

loans on their books and tax records which through 2015 Exs. 34, 35, 36, & 37.

188. Further, business entities were disclosed as a creditors on the Debtor's schedules.

Ex. 7.

189. The Debtor similarly reasonably relied on his attorney's advice with respect to

Schedule I disclosures.

190. The Debtor's attorney attributed the corresponding expenses on Schedule J as

follows: $190.00 for his wife's life insurance, $1,503.16 for health insurance, $391.66 for

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vehicle insurance, and $432.75 for Paul's life insurance for a gross amount of $2,517.57 as

reflected on the Debtor's Schedule I as assistance from his sister and Holland Pub. Ex. 7.

191. The Debtor's attorney failed to look at the banking and credit card statements the

Debtor provided.

192. The Debtor made extensive and accurate disclosures in the petition and schedules

related to his extensive business and real estate dealings both as of the Petition Date and the

relevant pre-petition periods.

193. He listed the Broadway property as the location where he resided and testified

extensively about all of the above matters during a 3 hour 341 meeting of creditors conducted by his case trustee, Richard Mason. Ex. 1.

194. Prior to the meeting the Debtor and his attorney provided Mr. Mason all of the

additional documents that the trustee had requested. Ex.17.

195. The trustee conducted an extensive examination and focused on the particular

disclosures spending almost the entire meeting reviewing the Debtor's business and personal

financial activities.

196. UNCONTESTED. The trustee did not seek to extend the discharge deadline, call the

Debtor back in for further testimony, or file any avoidance actions. Ex. 14.

197. UNCONTESTED. The trustee filed a no asset report. Ex. 14.

198. UNCONTESTED. The Debtor's previously affiliated companies that owned the

Edison Park property, PLL, LLC and the original operating entity at that location, EP Curragh,

LLC filed separate corporate chapter 7 bankruptcies as Case nos. 15-27969 and 15-14710

respectively. R.56 Ex. Each ended with no litigation being filed. No asset reports were issued

and the cases were closed. Exs. 15 & 16

199. The Debtor's dispute with PNC dates back to a personal guaranty that the Debtor

made in connection with a loan from National City Bank in 2008 under which PLL, LLC was the

borrower for the property located at 6701-09 North Northwest Hwy., Edison Park, Illinois

("Edison Park"). Ex. 18 & 19.

200. National City was failing or had failed as part of the subprime mortgage crisis and

mortgage meltdown and as of October 24, 2008, National City was sold to PNC.

201. One year after making the PLL loan for $4 million PNC notified PLL and Paul that

it was calling its loan for over $4 million based upon the default of another unrelated loan that

Paul had guaranteed. PNC stopped accepting monthly payments, accelerated the payments and

declared a default.

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202. UNCONTESTED. Ultimately, the Edison Park property went to judicial sale. Ex. 20.

203. UNCONTESTED. Despite having over $4 million to credit bid, PNC credit bid only $1.32 million and was outbid by Barnett Capital Funding, LLC for $1.34 million. Ex. 20.

204. Upset that the state court confirmed the judicial sale over PNC's own objection to its sale, PNC had its receiver, Dan Hyman, illegally lock EP Curragh, LLC (the operating entity

owned by Paul's sister) out of the building causing the business to shut down for almost a month.

205. Eventually, the operating entity prevailed in the eviction proceedings in state court

and was returned possession of the premises.

206. The Debtor made extensive disclosures in his petition and schedules. Exs. 1, 7, 10

&12.

207. PNC does not take issue with any of the disclosed information, but rather bases its

objections to discharge on claimed omissions that they assert the Debtor should have made.

208. When the Debtor consulted with his attorney prior to filing the bankruptcy income

and expense schedules, he advised him of the various arrangements with his family that in order

to pay bills and support his household expenses, that his family and the family's businesses were

making loans to the Debtor, his wife and his children for their support. Ex. 38.

209. In consultation with his attorney, it was determined that loans were not income and

not reportable on the Debtor's Schedule I.

210. As a small sample, the Debtor has reviewed in detail the statements for the AMEX

account ending 71002 in the name of Irish Spirits, LLC for the 6 month period preceding, during

and shortly after the filing of the bankruptcy. Based upon this random selection it would appear

the total "personal" charges of the Debtor were less than 4% of the total, but more importantly

irregular. Using the average of the six months immediately prior to filing the case, the personal

usage on the AMEX card ending 71002 is approximately $695 per month not $27,000.

211. On July 18, 2014, a check from EPA was mistakenly directed to the Debtor's

spouse in the amount of $125,000.00 and deposited into her account at PRCB. Ex. 23.

212. On July 22, 2014, Ms. Leongas wrote a corresponding check for $100,000.00 to

EPC Properties — the party to whom the funds actually belonged and a company owned by the

Debtor's sister (not the Debtor). Ex. 23.

213. Second, there was a deposit in the amount of $64,258.25 on November 12, 2014

that represented insurance proceeds to make repairs for damage to the Residence. Ex. 24.

214. UNCONTESTED. PNC admits in its foreclosure complaint that PLL — not Paul -

was the owner of the Edison Park property.(Ex. 18 ¶3(k))

20

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215. Paul held only a membership and management interest in PLL — which was never

sold, transferred or assigned — rather, the focus of PNC's arguments are related to the ownership

and subsequent transfers of the Edison Park property owned by PLL.

216. The Property at 921 Broadway, Park Ridge, Illinois was in foreclosure as of was in

foreclosure and worth significantly less than the value of the liens against it as evidenced by

Bank of America's acceptance of $800,000 as a short sale on a $1.6 million loan. Exs. 25 & 27.

217 The property was owned in tenancy by the entirety with the Debtor's wife and

exempt from the collection activities of PNC or any of the Debtor's creditors. Ex. 26.

218. UNCONTESTED. On August 23, 2011, the Debtor's lender, Bank of America

approved a short sale of the Residence to Jody Libman a friend of the family. Ex. 27.

219. UNCONTESTED. On September 23, 2011, the sale of the Residence to Libman

closed. Ex. 28.

220. On June 5, 2015, Libman transferred title to the property which he was the sole title

holder to a trust naming Judith Iovino as trustee and Paul's children as the beneficiaries. Ex. 29.

221. On May 6, 2016, the Debtor's wife paid off the loan on the Broadway property.

Respectfully submitted,

PNC Bank, National Association,

By: s/John F.Sullivan

One of Its Attorneys

Matthew L. Hendricksen, Esq. (ARDC #6296720)

John F. Sullivan (ARDC #6206900)

Plunkett Cooney, P.0

221 N. LaSalle Street, Suite 1550

Chicago, IL 60601

Telephone: (312) 670-6900

mhendricksen@plunkettcooney.com

21

Paul L. Leongas,

By: /s/Konstantine Sparagis

One of his Attorneys

Konstantine Sparagis (6256702)

Law Offices of Konstantine Sparagis

900 W. Jackson, Suite 4E

Chicago, IL 60607

(312) 753-6956

gus@ykonstantinelaw.com

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Open.26645.73625.23674974-1

22

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EXHIBIT 2

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IN RE:

Paul L. Leongas

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

Debtor

PNC Bank, N.A.,

v.

Paul L. Leongas,

Plaintiff,

Defendant.

Chapter 7

15-B-27967

The Honorable judge

Janet S. Baer

Adversary Proceeding No.

16-00489

PNC BANK, N.A'S WITNESS LIST

NOW COMES PNC Bank, NA., ("PNC") by and through its attorneys Plunkett

Cooney PC, and for discloses the following list of persons it may call for testimony

during trial of this adversary proceeding.

1. Paul L. Leongas, Debtor, whose address is 921 S. Broadway Ave., Park

Ridge, Illinois 60068.

Mr. Leongas will be called as an adverse witness during PNC's case in chief. It is

expect that Debtor will testify consistently with the way he testified in his 341

meeting of creditors, 2004 examination and deposition in this adversary

proceeding. PNC expects to elicit testimony from Debtor about his assets, income,

liabilities, livelihood, employment, businesses pursuits, bankruptcy schedules and

summaries, household expenses, personal and business lending relationships with

Bridgeview Bank, correspondence and communications, contracts, residence,

authority to sign checks for various businesses, issuance of checks on behalf of

various businesses to his wife, or businesses owned by his family members,

expenses paid by family members' businesses for personal mortgage expenses,

credit cards, automobile leases, insurance, accounting for purported loans Debtor

claims to have received, PNC's judgments against Debtor, PNC's supplementary

proceedings involving Debtor, Debtor's affirmative defenses and communications

with bankruptcy counsel and facts related to PNC's adversary complaint. Debtor

may be examined about his ownership and operation of PLL, LLC ("PLL"),

PLL's income, expenses operations, tax returns, bankruptcy and dissolution.

Debtor may be examined about his collection of rent checks from tenants at 6701-

6709 N. Northwest Highway in Chicago, Illinois from 2011 through 2013 and the

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disposition of those funds. Debtor may also be examined about his discovery

responses and prior testimony.

Sharise Leongas (Debtor's wife), whose address is 921 S. Broadway Ave., Park

Ridge, Illinois 60068.

Mrs. Leongas may be called as witness identified with an adverse party, the

Debtor, during PNC's case in chief. It is expect that Ms. Leongas will testify

consistently with the way she testified in her deposition in this adversary

proceeding. PNC expects to elicit testimony from Ms. Leongas about Debtor's

assets, income, liabilities, livelihood, employment, businesses pursuits,

bankruptcy schedules and summaries, household expenses, personal and business

lending relationships with Bridgeview Bank, residence, authority to sign checks

for various businesses, issuance of checks on behalf of various businesses to Ms.

Leongas, checks drawn on accounts owned by various businesses paid to Ms.

Leongas or "cash" deposited into Ms. Leongas' account at Park Ridge

Community Bank, expenses paid by family members' businesses or others for the

Leongas' personal mortgage expenses, credit cards, automobile leases, insurance,

Ms. Leongas' asserted employment, salary and income, payments of personal

household expenses, PNC's judgments against Debtor, and facts related to PNC's

adversary complaint.

Marc A. Palmer, Vice President, PNC Bank, National Association, 411 E

Wisconsin Ave, Milwaukee, WI 53202.

Mr. Palmer may be called as a witness as to the amount of Debtor's indebtedness

to PNC and that Debtor has not paid any amounts of the judgments entered

against him and in PNC's favor.

Kimberly Jung, Vice President, First Midwest Bank, 4753 N. Broadway Chicago,

IL 60640, 773.989.5728.

Ms. Jung may be called as a witness to authenticate documents produced by her

former employer, Bridgeview Bank, pursuant to subpoena, such as bank

statements, loan documents, loan payment histories, email and other

correspondence with Debtor or third parties on Debtor's behalf, lending

relationships with debtor, his wife, debtor's businesses, debtor's family members'

businesses, Jung's knowledge of Debtor's business pursuits, lending relationships

with Bridgeview Bank, business bankruptcies, attempts to avoid default and

foreclosure of loans on which Debtor was an obligor, Debtor's and his family

members' involvement in efforts to acquire the properties commonly known as

921 S. Broadway Ave., Park Ridge, Illinois and 6701-09 N. Northwest Highway,

Chicago, Illinois, appraisals of those properties, transfers of assets previously

owned by Debtor into a trust whose ultimate beneficiaries are Debtor's children,

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mortgage payments remitted by or on Debtor's behalf to Bridgeview Bank for

mortgages securing loans to acquire 921 S. Broadway, Park Ridge, Illinois, loans

made to be used as earnest money to acquire 921 S. Broadway, Park Ridge,

Illinois, funds from Edison Park Acquisition, LLC that were applied to mortgage

loan indebtedness of Debtor or Jody Libman related to the 921 S. Broadway

residence.

Kevin Benjamin, whose last known address is 1016 W. Jackson Blvd., Chicago,

Illinois 60607

Mr. Benjamin may be called as a witness and examined about documents Debtor

provided him, Documents Debtor did not provide him, communications with

Debtor, preparation of Debtor's bankruptcy schedules, Debtor's assets, income,

liabilities, household expenses, payments received from family members'

businesses. It is anticipated Benjamin will testify consistently with his deposition

in this adversary proceeding.

Dan Touhy, whose last known address is 225 West Wacker Drive, Suite 1600,

Chicago, Illinois 60606.

Mr. Touhy may be called for testimony about his acquisition of Edison Park

Acquisition LLC ("EPA"); EPA's acquisition of 6701-09 N. Northwest Highway,

Chicago; Debtor's involvement in negotiations for EPA's purchase of that

property; EPA's engagement of Debtor to help manage and develop that property;

EPA's sale of that property to a business controlled by Debtor's sister; Debtor's

authorization to sign checks on EPA's behalf; Debtor's issuance of checks drawn

on EPA's accounts to Debtor's family members, their businesses or Debtor's

creditors; Touhy's knowledge of PNC's supplementary proceedings to enforce its

judgments against Debtor; Touhy's removal of Debtor's authority to sign checks

from EPA's accounts; $1.8 Million of net proceeds EPA received from the sale of

6701-09 N. Northwest Highway, Chicago that was deposited into Touhy's law

firm's IOLTA account; how that $1.8 Million was spent.

Sophia Leongas, whose last known address is 212 Portchester Rd., Holland,

Michigan 49424.

Ms. Leongas may be called for testimony about the ownership of the four Curragh

pubs and the entities that own the real estate where those pubs are located;

services Debtor renders for those businesses; payments made by those entities to

or on behalf of Debtor; accounting for payments made by those entities to or on

behalf of Debtor; the terms of any alleged "loans" made by those entities to or on

behalf of Debtor; whether interest is charged for any alleged loans to Debtor;

whether any alleged loans to Debtor are evidenced by any promissory notes; the

maturity dates of any alleged loan made by those entities to or for benefit of

Debtor; whether Debtor has repaid any portion of alleged loans made by those

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entities to or on behalf of Debtor; Sophia may be examined about her or entities

she controls' prior discovery/citation responses and testimony under oath.

Jody Libman, 2007 W. Montrose Avenue, Chicago, IL 60618.

PNC may call Mr. Libman as a witness for examination about his acquisition and

subsequent sale of 921 S. Broadway, Park Ridge, Illinois, agreements he had with Debtor

about that property, loans he acquired and renewed through Bridgeview Bank Group

secured by a mortgage on that property, a home equity line of credit Debtor and his wife

had secured by a mortgage on that property between 2013 and 2016, loan payments made

to Bridgeview Bank Group on Libman's loan and Debtor's home equity line of credit

between 2013 and 2016, insurance claims related to that property, disposition of

insurance claim payments related to that property, continued occupancy of that property

by Debtor and his family during Libman's ownership of that property and that Debtor's

family paid Libman no rent during the duration of their occupancy.

Keepers of Records: In the absence of suitable stipulations as to authenticity of

documents produced to PNC by third parties pursuant to subpoenas or citations in this or

related legal proceedings and subsequently provided to Defendant by PNC, PNC may call

keepers of records to authenticate documents their institutions prepared, maintained in the

ordinary course of business or produced in response to subpoenas or citations to discover

assets:

a. Belmont Bank and Trust, 8250 W. Belmont Avenue, Chicago, Illinois 60634.

Bank statements and cancelled checks for account held by Edison Park

Acquisition, LLC and persons authorized to make transactions involving that

account.

b. Appraisal Research Counselors, n/k/a Integra Realty Resources, 400 E.

Randolph, Suite 715, Chicago, Illinois 60601. Appraisals conducted for

Bridgeview Bank Group of 921 S. Broadway, Park Ridge, Illinois produced at

BVB BK000076.

c. American Express, 43 Butterfield Circle, El Paso, TX 79906. Credit card

statements and monthly summaries produced pursuant to subpoena for credit

cards Debtor or his wife used between September 2013 and August, 2015.

d. Park Ridge Community Bank, 626 West Talcott, Park Ridge, IL 60068. Bank

statements, cancelled checks, deposit activity for account ending in 9701

owned by Sharise Leongas.

e. Bridgeview Bank Group, n/k/a First Midwest Bank, 4753 N. Broadway

Chicago, IL 60640. Records produced pursuant to subpoena or citation in this

or related proceedings.

PNC reserves the right to call any person Debtor calls as a witness and to

supplement this witness list at any time prior to the deadline for submitting it pursuant to

the final trial order entered in these proceedings.

Date: February 11, 2020.

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John F. Sullivan

ARDC No. 6205900

PLUNKETT COONEY, PC

221 N. LaSalle Street, Suite 1550

Chicago, Illinois 60601

(312) 670-6900

Open.26645.73625.23592005-2

Respectfully submitted by:

PNC Bank, N.A.

By: /s/John F. Sullivan

One of its Attorneys

-5-

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EXHIBIT 3

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IN THE UNITED STATES BANKRUPTCY COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

In re

PAUL L. LEONGAS,

)

)

)

)

Chapter 7

Case No. 15 B 27967

Debtor. ) Hon. Janet S. Baer

)

PNC BANK, N.A.,

v.

Plaintiff,

)

)

)

)

Adversary No.: 16 A 489

)

PAUL L. LEONGAS )

Defendant. )

)

DEFENDANT'S WITNESS LIST

Now comes the Defendant, Paul Leongas, by and through his attorneys, Konstantine

Sparagis, Lou Karnezis, and J. Kevin Benjamin, and disclosed the following persons that he may

call as witnesses at trial in the above matter:

1. Paul L. Leongas, Debtor, whose address is 921 S. Broadway Ave., Park Ridge, Illinois

60068.

Mr. Leongas may be called as a witness during Defendant's case in chief. It is expected

that Mr. Leongas will testify regarding the pre-petition events from the foreclosure of the

Edison Park property through and following the filing of the petition in the underlying

bankruptcy regarding his assets and liabilities, income and expenses and the relevant

disclosures pertaining to his filed petition.

2. Kevin Benjamin whose address is 1016 W. Jackson Blvd, Chicago, Illinois 60607.

Mr. Benjamin may be called as a witness during the Defendant's case in chief. It is

expected that Mr. Benjamin will testify regarding the pre-petition events from the through

and following the filing of the petition in the underlying bankruptcy regarding his practice

and procedures in preparing the Defendants bankruptcy petition including the methodology

employed in disclosing the Defendant's assets and liabilities, income and expenses and the

relevant disclosures pertaining to the filed petition.

3. Dan Touhy, whose address is 225 West Wacker Drive, Suite 1600,

Chicago, Illinois 60606.

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Mr. Touhy may be called to testify as a witness during the Defendant's case in chief. It is

expected that Mr. Touhy will testify regarding his interest in Edison Park Acquisition, LLC

and that entity's acquisition, operation and subsequent sale of the Edison Park Property.

4. Glen Udell, whose address is 225 W. Illinois St., Chicago, Illinois 60654.

Mr. Udell may be called to testify in Defendant's case in chief. It is expected that Mr.

Udell will testify regarding the various underlying foreclosures, communications and

discussions with PNC Bank, transactions related to the Edison Park Property and the

residential property located at 921 Broadway, Park Ridge, Illinois.

Defendant reserves the right to call any witness named as a witness by Plaintiff as witness in its

case in chief.

Respectfully submitted,

Paul Leongas

By: /s/Konstantine Sparagis

One of his Attorneys

Konstantine Sparagis (6256702)

Law Offices of Konstantine Sparagis

900 W. Jackson Blvd., Ste. 4E

Chicago, IL 60607

PH: 312-753-6956

FX: 866-333-1840

gus@:.konstantinelaw.com

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EXHIBIT 4

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IN RE:

Paul L. Leongas

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

Debtor

PNC Bank, N.A.,

Plaintiff,

v.

Paul L. Leongas,

Chapter 7

15-B-27967

The Honorable Judge

Janet S. Baer

Adversary Proceeding No.

16-00489

Defendant.

PNCBANK,N.A.'S LIST OFEXHIBITS

PNC Bank N.A. ("PNC"), through its attorneys, Plunkett Cooney PC, hereby submits the following list of

exhibits:

Exhibit Description Offered Objection Admitted

Exhibit 1 (S.J.

Ex. 1)

Debtor's Income and Assert Answer

from 735 ILCS 5/2-1402 Citation FRE 401 —

Relevance;

403 -

Prejudice

Exhibit 2

(BVB_BK00490

0)

Debtor email to Bridgeview re deposit

made to wife's account that hasn't

cleared yet so hold mortgage checks.

Exhibit 3

(BVB BK00491

2-13)

Bridgeview email and payoff letter for

EPA loan X7500

FRE 802 —

Hearsay;

901-902

Foundation

;401 —

Relevance;

403 -

Prejudice

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Exhibit 4 (S.J.

Ex. 6)

Doc. 16, Debtor's Bankruptcy

Schedules

Exhibit 5 (S.J.

Ex. 7)

Doc. 18, Summary of Schedules

Exhibit 6 (S.J.

Ex. 8)

Curragh Website Printout "Who We

Are" printed 12/23/15 FRE 802 —

Hearsay;

901-902

Foundation

;401 —

Relevance;

403 -

Prejudice

Exhibit 7 (S.J.

Ex. 9)

Curragh Website Press Release dated

2/17/15 and printed 1/7/16 FRE 802 —

Hearsay;

901-902

Foundation

;401 —

Relevance;

403 -

Prejudice

Group Exhibit 8

(S.J. Ex. 10)

Curragh Liquor License Renewals

FRE 802 —

Hearsay;

901-902

Foundation

;401 —

Relevance;

403 -

Prejudice

Exhibit 9 (S.J.

Ex. 11)

Debtor's Facebook Post stating he has

three bars 401 —

Relevance;

403 -

Prejudice

Exhibit 10

(S.J. Ex. 12)

Debtor's Linkedln Page printed

1/6/16 401 —

Relevance;

403 -

Prejudice

Exhibit 11

(S.J. Ex. 13)

2013 Affidavit of Debtor 401 —

Relevance;

403 -

Prejudice

2

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Exhibit 12

(S.J. Ex. 14)

Curragh Website listing Four Curragh

Bar locations printed 3/21/16

Exhibit 13 6/19/15 Appraisal for Bridgeview

Bank of 921 S. Broadway, Park

Ridge, Illinois.

FRE 802 —

Hearsay;

901-902

Foundation

;401 —

Relevance;

403 —

Prejudice;

FRE 702 —

Improper

Expert

Opinion

Exhibit 14

(S.J. Ex. 16)

Copies of Checks from Bridgeview

Bank re payments on Debtor's

HELOC x23001

FRE 802 —

Hearsay;

901-902

Foundation

Exhibit 15 (S.J.

Ex. 17)

Copies of Checks from Bridgeview re

payments upon Mortgage on Debtor's

Residence, x10301.

FRE 802 —

Hearsay;

901-902

Foundation

Group Exhibit 16

(S.J. Ex. 18)

American Express Payment Totals

produced by Amex and One Page

Bank Account Statements to Match

Account numbers for Amex card

x4005

FRE 802 —

Hearsay;

901-902

Foundation

;401 —

Relevance;

403 —

Prejudice;

Exhibit 17 (S.J.

Ex. 19)

August of 2014 to August of 2015

Statements from American Express

for Card x4005

3

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Exhibit 18 (S.J.

Ex. 20)

American Express Payment Totals

produced by Amex and One Page

Bank Account Statements to Match

Account numbers for Amex card

x1002

FRE 802 —

Hearsay;

901-902

Foundation

;401 —

Relevance;

403 —

Prejudice;

Exhibit 19 (S.J.

Ex. 21)

Sept. of 2013 to August of 2015

Statements from American Express

for Card x1002

FRE 802 —

Hearsay;

901-902

Foundation

;401 —

Relevance;

403 —

Prejudice;

Exhibit 20

(BVB_BK00489

0)

Bridgeview email demanding June

and July past due HELOC payments

and requesting to pull from one of

Debtor's accounts.

FRE 802 —

Hearsay;

901-902

Foundation

Exhibit 21 (S.J.

Ex. 23)

2/17/15 email from Debtor to

Bridgeview Bank with Paul's Wife's

Personal Financial Statement as

attachment

FRE 802 —

Hearsay;

901-902

Foundation

;401 —

Relevance;

403 —

Prejudice

Exhibit 22 (BCL

0021-31)

1/28/13 Purchase and Sale Agreement

Between Debtor and BCL

Exhibit 23 (S.J.

Ex. 25)

(BVB_BK00738

2-84)

8/21/13 Debtor emails with

Bridgeview FRE 802 —

Hearsay;

901-902

Foundation

;401 —

Relevance;

403 —

Prejudice

4

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Exhibit 24 (S.J.

Ex. 26)

(BVB_BK00850

5-07)

10/2/13 Debtor emails with

Bridgeview FRE 802 —

Hearsay;

901-902

Foundation

;401 —

Relevance;

403 —

Prejudice

Exhibit 25 Statement of Loss for Broadway Ice

Dam Claim

Group Exhibit 26

BVB BK006524

-27) §-.J.28

8/29/13 Debtor emails with

Bridgeview. FRE 802 —

Hearsay;

901-902

Foundation

;401 —

Relevance;

403 —

Prejudice

Exhibit 27 (S.J.

Ex. 29)

8/30/13 BCL sale to EPA Settlement

Statement

Exhibit 28 (S.J.

Ex. 30)

10/31/13 EPA sale to EPC Settlement

Statement

Exhibit 29 (S.J.

Ex. 31)

EPC statement of ownership

Exhibit 30 (S.J.

Ex. 32)

12/31/13 Wire email and confirmation

of EPA closing proceeds to Touhy

Exhibit 31 (S.J.

Ex. 33)

Account Ledger for EPA funds

produced by Touhy

FRE 802 —

Hearsay;

901-902

Foundation

;401 —

Relevance;

403 —

Prejudice

5

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Exhibit 32 (S.J.

Ex. 34)

EPA Belmont Bank Account

Statements for EPA Account ending

in x5460

FRE 802 —

Hearsay;

901-902

Foundation

;401 —

Relevance;

403 —

Prejudice

Exhibit 33 (S.J.

Ex. 35)

Touhy Affidavit attached as Ex 10 to

Touhy's Response to PNC's Mot. to

Compel (doc. 146-21).

FRE 802 —

Hearsay;

901-902

Foundation

Exhibit 34 (S.J.

Ex. 36)

(BVB_BK00849

9-8501)

Debtor 10/14/13 email to Bridgeview

re collecting rent for EPA.

FRE 802 —

Hearsay;

901-902

Foundation

Exhibit 35 (S.J.

Ex. 37)

(BVB_BK00716

0)

Debtor 10/21/13 email to Bridgeview

re Libman's Application.

FRE 802 —

Hearsay;

901-902

Foundation

Exhibit 36 (S.J.

Ex. 38)

(BVB_BK00709

5-96)

Bridgeview Bank 5/26/15 email to

Debtor re late payments.

FRE 802 —

Hearsay;

901-902

Foundation

Exhibit 37 (S.J.

Ex. 39)

Bridgeview Bank Loan approval for

Sharise Leongas and Glenn Udell.

FRE 802 —

Hearsay;

901-902

Foundation

;401 —

Relevance;

403 —

Prejudice

Group Exhibit

38-1 (S.J. Ex.

40)

5/23/15 Change in Terms for

Bridgeview Loan x10301

FRE 802 —

Hearsay;

901-902

Foundation

;401 —

Relevance;

403 —

Prejudice

6

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Group Exhibit

38-2 (S.J. Ex.

40)

12/16/13 Note x23001 from Debtor

and Sharise Leongas to Bridgeview

Bank

FRE 401 —

Relevance

Group Exhibit

38-3 (S.J. Ex.

40)

12/16/13 Mortgage securing loan

x23001 FRE 802 —

Hearsay;

901-902

Foundation

;401 —

Relevance

Group Exhibit

38-4 (S.J. Ex.

40)

9/23/11 Mortgage securing x10301 FRE 802 —

Hearsay;

901-902

Foundation

;401 —

Relevance

Exhibit 39 (S.J.

Ex. 42)

Debtor's 4/27/16 Affidavit of

Completeness. FRE 401 -

Relevance

Exhibit 40 (S.J.

Ex. 43)

Copies of Checks from Bridgeview

Bank Account No. x1301 cashed by

Debtor.

FRE 802 —

Hearsay;

901-902

Foundation

;401 —

Relevance;

403 —

Prejudice

Exhibit 41 (S.J.

Ex. 44)

A copy of the check payable to Paul

and Sharise Leongas for 2014 State

Tax Refund

Exhibit 42 (S.J.

Ex. 45)

A copy of the check payable to Paul

and Sharise Leongas for 2014 Federal

Tax Refund

Exhibit 43 (S.J.

Ex. 46)

Response Brief Showing Debtor was

represented by counsel in the

Citations Proceeding.

FRE 802 —

Hearsay;

901-902

Foundation

;401 —

Relevance;

403 —

Prejudice

7

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Exhibit 44 (S.J.

Ex. 47)

PNC's Judgments against Paul

Leongas in case numbers 09-CH21374 and 09-CH-17036.

Exhibit 45 (S.J.

Ex. 48)

Debtor's 2011 Credit Application to

Bridgeview Bank FRE 802 —

Hearsay;

901-902

Foundation

;401 —

Relevance;

403 —

Prejudice

Exhibit 46 (S.J.

Ex. 49)

Irish Spirits, LLC Sec of State printed

1 1/7/18. FRE 802 —

Hearsay;

901-902

Foundation

;401 —

Relevance

Exhibit 47

(BANCORP_00

014-20)

Lease dated November 1, 2013

between EPC and EP Curragh and

Holland Pub.

FRE 802 —

Hearsay;

901-902

Foundation

;401 —

Relevance;

403 —

Prejudice

Exhibit 48 (S.J.

Reply Ex. 68)

9362 Joint Venture, LLC Bankruptcy

Petition FRE 401 —

Relevance;

403 —

Prejudice

Exhibit 49 (S.J.

Reply Ex. 69)

841 Joint Venture, LLC Bankruptcy

Petition FRE 401

Relevance;

403 —

Prejudice

Exhibit 50-1

(S.J. Reply Ex.

70)

EP Curragh, LLC Bankruptcy Petition FRE 401

Relevance;

403 —

Prejudice

Exhibit 50-2

(S.J. Reply Ex.

71)

PLL, LLC Bankruptcy Petition

8

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Document Page 46 of 59
Exhibit 51 (S.J.

Reply Ex. 73)

May 26, 2015 order from Citation

Hearing FRE 401

Relevance;

403 —

Prejudice

Exhibit 52

(S. Leongas Dep.

Ex. 2)

All debits, credits, and statements

from PRCB Account ending in 9701

for 2013 to 2015.

FRE 401

Relevance;

403 —

Prejudice

Exhibit 53

(P. Leongas Dep.

Ex. 4)

Benjamin Rules for Filing Bankruptcy

KB1

FRE 802 —

Hearsay;

901-902

Foundation

;401 —

Relevance;

403 —

Prejudice

Exhibit 54 (P.

Leongas Dep.

Ex. 5)

Benjamin CH 7 Process Information

KB273 FRE 802 —

Hearsay;

901-902

Foundation

;401 —

Relevance;

403 —

Prejudice

Exhibit 55 (P.

Leongas Dep.

Ex. 6)

Benjamin Debt Assistance Initial

Consultation KB281

FRE 802 —

Hearsay;

901-902

Foundation

;401 —

Relevance;

403 —

Prejudice

Exhibit 56

(P. Leongas Dep.

Ex. 7)

Benjamin Leongas Questionnaire

KB99 FRE 802 —

Hearsay;

901-902

Foundation

;401 —

Relevance;

403 —

Prejudice

9

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Document Page 47 of 59
Exhibit 57 (P.

Leongas Dep.

Ex. 1)

Paul and Sharise's 2013 Tax Returns FRE 802 —

Hearsay;

901-902

Foundation

;401 —

Relevance;

403 —

Prejudice

Exhibit 58 (P.

Leongas Dep.

Ex. 2)

Paul and Sharise's 2014 Tax Returns FRE 802 —

Hearsay;

901-902

Foundation

;401 —

Relevance;

403 —

Prejudice

Exhibit 59 (P.

Leongas Dep.

Ex. 3)

Paul and Sharise's 2015 Tax Returns

Exhibit 60-1 Paul and Sharise's 2012 Tax Returns FRE 802 —

Hearsay;

901-902

Foundation

;401 —

Relevance;

403 —

Prejudice

Exhibit 60-2 Paul and Sharise's 2011 Tax Returns FRE 802 —

Hearsay;

901-902

Foundation

;401 —

Relevance;

403 —

Prejudice

Exhibit 61 November 1, 2013 Lease Between

EPC and EP Curragh, LLC and

Holland Pub, LLC.

FRE 802 —

Hearsay;

901-902

Foundation

;401 —

Relevance

10

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Document Page 48 of 59
Exhibit 62 (P.

Leongas Dep.

Ex. 14)

10/30/18 FAFSA Application

produced by Debtor

FRE 802 —

Hearsay;

401 —

Relevance;

403 —

Prejudice

Exhibit 63 (P.

Leongas Dep.

Ex. 15)

6/27/19 FAFSA Application produced

by Debtor FRE 802 —

Hearsay;

401 —

Relevance;

403 —

Prejudice

Exhibit 64 (P.

Leongas Dep.

Ex. 17)

American Express Statements Marked

"B" or "P" by Debtor for account

x1002.

FRE 802 —

Hearsay;

401 —

Relevance;

403 —

Prejudice

Exhibit 65 (P.

Leongas Dep.

Ex. 18)

Skokie Curragh, LLC documents

produced by Debtor re booking of

loans.

Exhibit 66 (P.

Leongas Dep.

Ex. 19)

Holland Pub, LLC and Edison Park

Curragh documents produced by

Debtor re booking of loans.

Exhibit 67 (P.

Leongas Dep.

Ex. 20)

Holland Pub, LLC documents

produced by Debtor re booking of

loans.

Exhibit 68 (P.

Leongas Dep.

Ex. 21)

EPC Properties, LLC documents

produced by Debtor re booking of

loans.

Exhibit 69

(Benjamin Dep.

Ex. 5)

9/20/15 4:04 P.M. Email from

Benjamin to Debtor

Exhibit 70

(Benjamin Dep.

Ex. 5)

9/20/15 8:40 P.M. Email from Debtor

to Benjamin.

Exhibit 71

(Touhy Dep. Ex.

1)

9/1/06 EP Curragh, LLC lease with

PLL FRE 802 —

Hearsay;

401 —

Relevance;

403 —

Prejudice

1 1

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Exhibit 72

(Touhy Dep. Ex.

2)

1/28/13 Agreement to

Manage/Purchase Real Estate

between Debtor and BCL (BCL 869)

FRE 802 —

Hearsay;

401 —

Relevance;

403 —

Prejudice

Exhibit 73

(Touhy Dep. Ex.

3)

1/28/13 Purchase and Sale Agreement

between BCL and Debtor (BCL 32)

Exhibit 74 (Bates

3rd Parties 3613-

3623)

Purchase and Sale Agreement

between BCL and EPA (produced by

Debtor)

FRE 802 —

Hearsay;

901-902 —

Foundation

;401 —

Relevance;

403 —

Prejudice

Exhibit 75

(Touhy Dep. Ex.

6)

(BANCORP000

22-23)

2/14/13 Real Estate Purchase Contract

between EPC and EPA. FRE 802 —

Hearsay;

901-902 —

Foundation

;401 —

Relevance;

403 —

Prejudice

Exhibit 76

(Touhy Dep. Ex.

7)(BANCORPOO

024-30)

2/14/13 Purchase Promissory Note

between EPC and EPA. FRE 802 —

Hearsay;

901-902 —

Foundation

;401 —

Relevance;

403 —

Prejudice

Exhibit 77 BVB Records Showing Payments on

Libman Loan x7500 FRE 802 —

Hearsay;

901-902 —

Foundation

12

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Document Page 50 of 59
Exhibit 78

(Touhy Dep. Ex.

9)

BVB Loan History for EPA Loan

x7500 FRE 802 —

Hearsay;

901-902 —

Foundation

;401 —

Relevance;

403 —

Prejudice

Exhibit 79 BVBBK 3646-48

BVB Records Showing Payments on

Paul and Sharise's Loan x6700

FRE 802 —

Hearsay;

901-902 —

Foundation

;401 —

Relevance;

403 —

Prejudice

Exhibit 80 BVB Change in Terms on Paul and

Sharise's Loan x6700

Exhibit 81 1 1/12/13 Real Estate Purchase

Contract between EPC and EPA

attached as Ex 21 to Touhy's

Response to PNC's Mot. to Compel

(doc. 146-21).

FRE 802 —

Hearsay;

901-902 —

Foundation

;401 —

Relevance;

403 —

Prejudice

Exhibit 82

(Touhy Dep. Ex.

1 1)

11/12/13 Real Estate Purchase

Contract between EPC and EPA

produced by Touhy bates A7

FRE 802 —

Hearsay;

901-902 —

Foundation

;401 —

Relevance;

403 —

Prejudice

Exhibit 83

(Touhy Dep. Ex.

10)

11/14/13 11:48 A.M. email between

Debtor and Touhy bates 0021 PR

FRE 401 —

Relevance

Exhibit 84

(Touhy Dep. Ex.

13)

1/10/14 11:05 A.M. email between

Debtor and Touhy bates 0086 PR

FRE 401 -

Relevance

1 3

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Exhibit 85

(Touhy Dep. Ex.

12)

Contract Rider produced by Touhy

bates A27-34 FRE 802 —

Hearsay;

901-902 --

Foundation

;401 —

Relevance;

403 —

Prejudice

Exhibit 86

(Touhy Dep. Ex.

14)

Real Estate Purchase Contract dated

9/10/13 between EPA and EPC

produced by Bancorp bates

Bancorp_00021.

FRE 802 —

Hearsay;

901-902 —

Foundation

;401 —

Relevance;

403 —

Prejudice

Exhibit 87

(Touhy Dep. Ex.

16)

EPA Bridgeview Bank account

records for account ending in x3569

FRE 802 —

Hearsay;

901-902 —

Foundation

;401 —

Relevance;

403 —

Prejudice

Exhibit 88 BVB Loan application with rent roll

for Edison Park Property. BVB BK

4509-4517

FRE 802 —

Hearsay;

901-902 —

Foundation

;401 —

Relevance;

403 —

Prejudice

Exhibit 89 Sharise Refi Application and email

with Jung re date. BVB BK 6133-37

FRE 802 —

Hearsay;

901-902 —

Foundation

;401 —

Relevance;

403 —

Prejudice

14

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Document Page 52 of 59
Exhibit 90 Paul email with BVB re EPA Escrow

refund. BVB BK 6395 FRE 802 —

Hearsay;

901-902 --

Foundation

;401 —

Relevance;

403 —

Prejudice

Exhibit 91 Paul email with BVB re checking

time to clear. BVB BK. 6237

FRE 802 —

Hearsay;

901-902 —

Foundation

Exhibit 92 Paul email with BVB re EPA excess.

BVB BK 6443 FRE 802 —

Hearsay;

901-902 —

Foundation

;401 —

Relevance;

403 —

Prejudice

Exhibit 93 Paul email with BVB re EPA excess.

BVB BK 6479 FRE 802 —

Hearsay;

901-902 —

Foundation

;401 —

Relevance;

403 —

Prejudice

Exhibit 94 BVB email with Debtor re over drafts

and Debtor loan being classified.

BVB BK 5683

FRE 802 —

Hearsay;

901-902 —

Foundation

Exhibit 95 Debtor emails with BVB re debit from

EPA account. BVB BK 6412-15

FRE 802 —

Hearsay;

901-902 —

Foundation

;401 —

Relevance;

403 —

Prejudice

1 5

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Exhibit 96 Debtor emails with BVB re excess

EPA funds. BVB BK 6420-21 FRE 802 —

Hearsay;

901-902 —

Foundation

;401 —

Relevance;

403 —

Prejudice

Exhibit 97 Debtor emails with BVB re June 14

HELOC payment. BVB BK 6218-

6222

FRE 802 —

Hearsay;

901-902 —

Foundation

;401 —

Relevance;

403 —

Prejudice

Exhibit 98 BVB email with Debtor re escrow

deficiency. BVB BK 6228. FRE 802 —

Hearsay;

901-902 —

Foundation

;401 —

Relevance;

403 —

Prejudice

Exhibit 99 12/21/15 Debtor email with Benjamin

re loans.

Exhibit 100 Debtor Transfers of 8266 Lincoln,

LLC and Skokie Curragh, LLC to

EGIO Consulting, LLC

FRE 401 —

Relevance;

403 —

Prejudice

PNC reserves the right to supplement, revise, or renumber this exhibit list at any time prior to the deadline for

submitting it pursuant to the final trial order entered in these proceedings.

16

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Document Page 54 of 59
Dated: February 24, 2020 Respectfully submitted,

/s/ Matthew L. Hendricksen

James M. Crowley

John F. Sullivan

Matthew L. Hendricksen

PLUNKETT COONEY PC

221 North LaSalle Street

Suite 1550

Chicago, Illinois 60654

Telephone: (312) 670-6900

Facsimile: (312) 467-5926

Attorneys for PNC Bank, N.A.

Open.26645.73625.23675515-1

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EXHIBIT 5

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Document Page 56 of 59
IN THE UNITED STATES BANKRUPTCY COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

In re

PAUL L. LEONGAS,

Debtor.

)

)

PNC BANK, N.A., )

Plaintiff, )

)

v. )

PAUL L. LEONGAS

Defendant.

)

)

)

)

Chapter 7

Case No. 15 B 27967

Hon. Janet S. Baer

Adversary No.: 16 A 489

DEFENDANT'S EXHIBIT LIST

Exhibit Description Offered Objected Admitted

1 VP and Matrix Filed 8.16.15

2 VP and Matrix

Filed.8.16.15.Signature Pages

3 Attorneys Disclosure of Comp.2016

Statement

4 Motion to Extend Time to File

Schedules.8.31.15

5 Service List - Motion to Extend Time

6 Form 22A.Debtors Statement of

Current Monthly Income

7 Filed Debtor's Schedules, SOFA and Intent

8 Signature Pages Dated

9.20.15.Schedules SOFA Intent

9 Signature Page - Form 22A dated 9.21.15

10 Filed Summary of Schedules and

Schedules I and J

1 1 Signature Page - Schedules Dated 9.21.15

12 Complete Bankruptcy Petition

and Schedules

13 Hendricksen Appearance filed 8.18.15

14 Docket Debtor's Bankruptcy

15 Docket PLL, LLC Bankruptcy

16 Docket EP Curragh, LLC Bankruptcy

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Document Page 57 of 59
17 Letter from Richard J Mason

Dated 11.11.15

Hearsay.

18 PLL Foreclosure Complaint filed 8/10/09

19 9362 Joint Venture, LLC Foreclosure

filed 5/21/09

20 Certificate for Sale Edison Park Property

dated 1/29/13

21 Order Approving Sale for property located

at 6701-09 N. Northwest Hwy., Chicago, IL

dated 7/25/13

22 BCL Deed to EPA

23 Sharise Leongas PRCB Bank Records

24 Evidence of Insurance Proceeds

25 Docket from Broadway Foreclosure

26 Paul & Sharise Leongas Deed to Broadway

Property in TBE

27 Bank of America Short Sale Approval

28 Deed from Leongas to Libman

29 Deed Libman to Trust

30 Limited Liability Downtown Holland

Properties

31 Limited Liability EP CURRAGH

32 Limited Liability HOLLAND PUB

33 Limited Liability EPC PR

34 Skokie Curragh LLC documents

re: booking loans

35 Holland Pub LLC and Edison Park Curragh

re: booking loans

36 Holland Pub LLC re: booking loans

37 EPC Properties re: booking loans

38 Email from Debtor to K Benjamin 9.20.15

Case 16-00489 Doc 267 Filed 02/24/20 Entered 02/24/20 15:21:49 Desc Main

Document Page 58 of 59
By: /s/ Konstantine Sparagis

One of his Attorneys

Konstantine Sparagis

(6256702) Law Offices of

Konstantine Sparagis 900 W.

Jackson Blvd., Ste. 4E

Chicago, IL 60607 PH: 312-

753-6956 FX: 866-333-1840

gus@konstanti nel aw.com

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