}bk1{Form .Vluntary Peiton}bk{

B1 (Official Form 1)(1/08)

United States Bankruptcy Court Voluntary Petition

Name of Debtor (if individual, enter Last, First, Middle):

All Other Names used by the Debtor in the last 8 years

(include married, maiden, and trade names):

Last four digits of Soc. Sec. or Individual-Taxpayer I.D. (ITIN) No./Complete EIN

(if more than one, state all)

Street Address of Debtor (No. and Street, City, and State):

County of Residence or of the Principal Place of Business:

Mailing Address of Debtor (if different from street address):

Location of Principal Assets of Business Debtor

(if different from street address above):

Name of Joint Debtor (Spouse) (Last, First, Middle):

All Other Names used by the Joint Debtor in the last 8 years

(include married, maiden, and trade names):

Last four digits of Soc. Sec. or Individual-Taxpayer I.D. (ITIN) No./Complete EIN

(if more than one, state all)

Street Address of Joint Debtor (No. and Street, City, and State):

County of Residence or of the Principal Place of Business:

Mailing Address of Joint Debtor (if different from street address):

ZIP Code ZIP Code

ZIP Code ZIP Code

Type of Debtor

(Form of Organization)

(Check one box)

Individual (includes Joint Debtors)

See Exhibit D on page 2 of this form.

Corporation (includes LLC and LLP)

Partnership

Other (If debtor is not one of the above entities,

check this box and state type of entity below.)

Filing Fee (Check one box)

Full Filing Fee attached

Filing Fee to be paid in installments (applicable to individuals only). Must

attach signed application for the court's consideration certifying that the debtor

is unable to pay fee except in installments. Rule 1006(b). See Official Form 3A.

Filing Fee waiver requested (applicable to chapter 7 individuals only). Must

attach signed application for the court's consideration. See Official Form 3B.

Nature of Business

(Check one box)

Health Care Business

Single Asset Real Estate as defined

in 11 U.S.C. § 101 (51B)

Railroad

Stockbroker

Commodity Broker

Clearing Bank

Other

Tax-Exempt Entity

(Check box, if applicable)

Debtor is a tax-exempt organization

under Title 26 of the United States

Code (the Internal Revenue Code).

Chapter of Bankruptcy Code Under Which

the Petition is Filed (Check one box)

Chapter 7

Chapter 9

Chapter 11

Chapter 12

Chapter 13

Chapter 15 Petition for Recognition

of a Foreign Main Proceeding

Chapter 15 Petition for Recognition

of a Foreign Nonmain Proceeding

Nature of Debts

(Check one box)

Debts are primarily consumer debts, Debts are primarily

defined in 11 U.S.C. § 101(8) as business debts.

"incurred by an individual primarily for

a personal, family, or household purpose."

Check one box: Chapter 11 Debtors

Debtor is a small business debtor as defined in 11 U.S.C. § 101(51D).

Debtor is not a small business debtor as defined in 11 U.S.C. § 101(51D).

Check if:

Debtor’s aggregate noncontingent liquidated debts (excluding debts owed

to insiders or affiliates) are less than $2,190,000.

Check all applicable boxes:

A plan is being filed with this petition.

Acceptances of the plan were solicited prepetition from one or more

classes of creditors, in accordance with 11 U.S.C. § 1126(b).

Statistical/Administrative Information THIS SPACE IS FOR COURT USE ONLY

Debtor estimates that funds will be available for distribution to unsecured creditors.

Debtor estimates that, after any exempt property is excluded and administrative expenses paid,

there will be no funds available for distribution to unsecured creditors.

Estimated Number of Creditors

1- 50- 100- 200- 1,000- 5,001- 10,001- 25,001- 50,001- OVER

49 99 199 999 5,000 10,000 25,000 50,000 100,000 100,000

Estimated Assets

$0 to $50,001 to $100,001 to $500,001 $1,000,001 $10,000,001 $50,000,001 $100,000,001 $500,000,001 More than

$50,000 $100,000 $500,000 to $1 to $10 to $50 to $100 to $500 to $1 billion $1 billion

million million million million million

Estimated Liabilities

$0 to $50,001 to $100,001 to $500,001 $1,000,001 $10,000,001 $50,000,001 $100,000,001 $500,000,001 More than

$50,000 $100,000 $500,000 to $1 to $10 to $50 to $100 to $500 to $1 billion $1 billion

million million million million million

Northern District of Illinois

Cruz, Erwin M. Cruz, Marlyn M.

xxx-xx-8833

5852 Betty Gloyd Drive

Hoffman Estates, IL

Cook

xxx-xx-0030

5852 Betty Gloyd Drive

Hoffman Estates, IL

Cook

60192 60192

Case 10-00073 Doc 1 Filed 01/04/10 Entered 01/04/10 13:19:59 Desc Main 1/04/10 1:12PM

 Document Page 1 of 9
B1 (Official Form 1)(1/08) Page 2

Voluntary Petition

(This page must be completed and filed in every case)

Name of Debtor(s):

All Prior Bankruptcy Cases Filed Within Last 8 Years (If more than two, attach additional sheet)

Location Case Number: Date Filed:

Where Filed:

Location Case Number: Date Filed:

Where Filed:

Pending Bankruptcy Case Filed by any Spouse, Partner, or Affiliate of this Debtor (If more than one, attach additional sheet)

Name of Debtor: Case Number: Date Filed:

District: Relationship: Judge:

Exhibit A

(To be completed if debtor is required to file periodic reports (e.g.,

forms 10K and 10Q) with the Securities and Exchange Commission

pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

and is requesting relief under chapter 11.)

Exhibit A is attached and made a part of this petition.

Exhibit C

Does the debtor own or have possession of any property that poses or is alleged to pose a threat of imminent and identifiable harm to public health or safety?

Yes, and Exhibit C is attached and made a part of this petition.

No.

Exhibit D

(To be completed by every individual debtor. If a joint petition is filed, each spouse must complete and attach a separate Exhibit D.)

Exhibit D completed and signed by the debtor is attached and made a part of this petition.

If this is a joint petition:

Exhibit D also completed and signed by the joint debtor is attached and made a part of this petition.

Information Regarding the Debtor - Venue

(Check any applicable box)

Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 180

days immediately preceding the date of this petition or for a longer part of such 180 days than in any other District.

There is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this District.

Debtor is a debtor in a foreign proceeding and has its principal place of business or principal assets in the United States in

this District, or has no principal place of business or assets in the United States but is a defendant in an action or

proceeding [in a federal or state court] in this District, or the interests of the parties will be served in regard to the relief

sought in this District.

Certification by a Debtor Who Resides as a Tenant of Residential Property

(Check all applicable boxes)

Landlord has a judgment against the debtor for possession of debtor's residence. (If box checked, complete the following.)

(Name of landlord that obtained judgment)

(Address of landlord)

Debtor claims that under applicable nonbankruptcy law, there are circumstances under which the debtor would be permitted to cure

the entire monetary default that gave rise to the judgment for possession, after the judgment for possession was entered, and

Debtor has included in this petition the deposit with the court of any rent that would become due during the 30-day period

after the filing of the petition.

Debtor certifies that he/she has served the Landlord with this certification. (11 U.S.C. § 362(l)).

Exhibit B

(To be completed if debtor is an individual whose debts are primarily consumer debts.)

I, the attorney for the petitioner named in the foregoing petition, declare that I

have informed the petitioner that [he or she] may proceed under chapter 7, 11,

12, or 13 of title 11, United States Code, and have explained the relief available

under each such chapter. I further certify that I delivered to the debtor the notice

required by 11 U.S.C. §342(b).

X

Signature of Attorney for Debtor(s) (Date)

Cruz, Erwin M.

Cruz, Marlyn M.

- None -

- None -

/s/ Robert M. Kaplan January 4, 2010

Robert M. Kaplan 6206215

Case 10-00073 Doc 1 Filed 01/04/10 Entered 01/04/10 13:19:59 Desc Main 1/04/10 1:12PM

 Document Page 2 of 9
B1 (Official Form 1)(1/08) Page 3

Voluntary Petition

(This page must be completed and filed in every case)

Name of Debtor(s):

Signatures

Signature(s) of Debtor(s) (Individual/Joint)

I declare under penalty of perjury that the information provided in this

petition is true and correct.

[If petitioner is an individual whose debts are primarily consumer debts and

has chosen to file under chapter 7] I am aware that I may proceed under

chapter 7, 11, 12, or 13 of title 11, United States Code, understand the relief

available under each such chapter, and choose to proceed under chapter 7.

[If no attorney represents me and no bankruptcy petition preparer signs the

petition] I have obtained and read the notice required by 11 U.S.C. §342(b).

I request relief in accordance with the chapter of title 11, United States Code,

specified in this petition.

X

Signature of Debtor

X

Signature of Joint Debtor

Telephone Number (If not represented by attorney)

Date

Signature of Attorney*

X

Signature of Attorney for Debtor(s)

Printed Name of Attorney for Debtor(s)

Firm Name

Address

Telephone Number

Date

*In a case in which § 707(b)(4)(D) applies, this signature also constitutes a

certification that the attorney has no knowledge after an inquiry that the

information in the schedules is incorrect.

Signature of Debtor (Corporation/Partnership)

I declare under penalty of perjury that the information provided in this

petition is true and correct, and that I have been authorized to file this petition

on behalf of the debtor.

The debtor requests relief in accordance with the chapter of title 11, United

States Code, specified in this petition.

X

Signature of Authorized Individual

Printed Name of Authorized Individual

Title of Authorized Individual

Date

Signature of a Foreign Representative

I declare under penalty of perjury that the information provided in this petition

is true and correct, that I am the foreign representative of a debtor in a foreign

proceeding, and that I am authorized to file this petition.

(Check only one box.)

I request relief in accordance with chapter 15 of title 11. United States Code.

Certified copies of the documents required by 11 U.S.C. §1515 are attached.

Pursuant to 11 U.S.C. §1511, I request relief in accordance with the chapter

of title 11 specified in this petition. A certified copy of the order granting

recognition of the foreign main proceeding is attached.

X

Signature of Foreign Representative

Printed Name of Foreign Representative

Date

Signature of Non-Attorney Bankruptcy Petition Preparer

I declare under penalty of perjury that: (1) I am a bankruptcy petition

preparer as defined in 11 U.S.C. § 110; (2) I prepared this document for

compensation and have provided the debtor with a copy of this document

and the notices and information required under 11 U.S.C. §§ 110(b),

110(h), and 342(b); and, (3) if rules or guidelines have been promulgated

pursuant to 11 U.S.C. § 110(h) setting a maximum fee for services

chargeable by bankruptcy petition preparers, I have given the debtor notice

of the maximum amount before preparing any document for filing for a

debtor or accepting any fee from the debtor, as required in that section.

Official Form 19 is attached.

Printed Name and title, if any, of Bankruptcy Petition Preparer

Social-Security number (If the bankrutpcy petition preparer is not

an individual, state the Social Security number of the officer,

principal, responsible person or partner of the bankruptcy petition

preparer.)(Required by 11 U.S.C. § 110.)

Address

X

Date

Signature of Bankruptcy Petition Preparer or officer, principal, responsible

person,or partner whose Social Security number is provided above.

Names and Social-Security numbers of all other individuals who prepared or

assisted in preparing this document unless the bankruptcy petition preparer is

not an individual:

If more than one person prepared this document, attach additional sheets

conforming to the appropriate official form for each person.

A bankruptcy petition preparer’s failure to comply with the provisions of

title 11 and the Federal Rules of Bankruptcy Procedure may result in

fines or imprisonment or both 11 U.S.C. §110; 18 U.S.C. §156.

Cruz, Erwin M.

Cruz, Marlyn M.

/s/ Erwin M. Cruz

Erwin M. Cruz

/s/ Marlyn M. Cruz

Marlyn M. Cruz

January 4, 2010

/s/ Robert M. Kaplan

Robert M. Kaplan 6206215

Law Offices of Robert M. Kaplan, P.C.

1535 W. Schaumburg Road

Suite 204

Schaumburg, IL 60194

Email: rmkap@sbcglobal.net

847-895-9151 Fax: 847-895-7320

January 4, 2010

Case 10-00073 Doc 1 Filed 01/04/10 Entered 01/04/10 13:19:59 Desc Main 1/04/10 1:12PM

 Document Page 3 of 9
 1/04/10 1:12PM

B 1D (Official Form 1, Exhibit D) (12/09)

United States Bankruptcy Court

Northern District of Illinois

In re

Erwin M. Cruz

Marlyn M. Cruz Case No.

Debtor(s) Chapter 7

EXHIBIT D - INDIVIDUAL DEBTOR'S STATEMENT OF COMPLIANCE WITH

CREDIT COUNSELING REQUIREMENT

Warning: You must be able to check truthfully one of the five statements regarding credit

counseling listed below. If you cannot do so, you are not eligible to file a bankruptcy case, and the court

can dismiss any case you do file. If that happens, you will lose whatever filing fee you paid, and your

creditors will be able to resume collection activities against you. If your case is dismissed and you file

another bankruptcy case later, you may be required to pay a second filing fee and you may have to take

extra steps to stop creditors' collection activities.

Every individual debtor must file this Exhibit D. If a joint petition is filed, each spouse must complete

and file a separate Exhibit D. Check one of the five statements below and attach any documents as directed.

 1. Within the 180 days before the filing of my bankruptcy case, I received a briefing from a credit

counseling agency approved by the United States trustee or bankruptcy administrator that outlined the

opportunities for available credit counseling and assisted me in performing a related budget analysis, and I have

a certificate from the agency describing the services provided to me. Attach a copy of the certificate and a copy

of any debt repayment plan developed through the agency.

 2. Within the 180 days before the filing of my bankruptcy case, I received a briefing from a credit

counseling agency approved by the United States trustee or bankruptcy administrator that outlined the

opportunities for available credit counseling and assisted me in performing a related budget analysis, but I do

not have a certificate from the agency describing the services provided to me. You must file a copy of a

certificate from the agency describing the services provided to you and a copy of any debt repayment plan

developed through the agency no later than 14 days after your bankruptcy case is filed.

 3. I certify that I requested credit counseling services from an approved agency but was unable to

obtain the services during the seven days from the time I made my request, and the following exigent

circumstances merit a temporary waiver of the credit counseling requirement so I can file my bankruptcy case

now. [Summarize exigent circumstances here.]

If your certification is satisfactory to the court, you must still obtain the credit counseling briefing

within the first 30 days after you file your bankruptcy petition and promptly file a certificate from the

agency that provided the counseling, together with a copy of any debt management plan developed

through the agency. Failure to fulfill these requirements may result in dismissal of your case. Any

extension of the 30-day deadline can be granted only for cause and is limited to a maximum of 15 days.

Your case may also be dismissed if the court is not satisfied with your reasons for filing your bankruptcy

case without first receiving a credit counseling briefing.

Software Copyright (c) 1996-2009 Best Case Solutions - Evanston, IL - (800) 492-8037 Best Case Bankruptcy

Case 10-00073 Doc 1 Filed 01/04/10 Entered 01/04/10 13:19:59 Desc Main

 Document Page 4 of 9
 1/04/10 1:12PM

B 1D (Official Form 1, Exhibit D) (12/09) - Cont. Page 2

 4. I am not required to receive a credit counseling briefing because of: [Check the applicable

statement.] [Must be accompanied by a motion for determination by the court.]

 Incapacity. (Defined in 11 U.S.C. § 109(h)(4) as impaired by reason of mental illness or

mental deficiency so as to be incapable of realizing and making rational decisions with respect to

financial responsibilities.);

 Disability. (Defined in 11 U.S.C. § 109(h)(4) as physically impaired to the extent of being

unable, after reasonable effort, to participate in a credit counseling briefing in person, by telephone, or

through the Internet.);

 Active military duty in a military combat zone.

 5. The United States trustee or bankruptcy administrator has determined that the credit counseling

requirement of 11 U.S.C. § 109(h) does not apply in this district.

I certify under penalty of perjury that the information provided above is true and correct.

Signature of Debtor: /s/ Erwin M. Cruz

Erwin M. Cruz

Date: January 4, 2010

Software Copyright (c) 1996-2009 Best Case Solutions - Evanston, IL - (800) 492-8037 Best Case Bankruptcy

Case 10-00073 Doc 1 Filed 01/04/10 Entered 01/04/10 13:19:59 Desc Main

 Document Page 5 of 9
 1/04/10 1:12PM

B 1D (Official Form 1, Exhibit D) (12/09)

United States Bankruptcy Court

Northern District of Illinois

In re

Erwin M. Cruz

Marlyn M. Cruz Case No.

Debtor(s) Chapter 7

EXHIBIT D - INDIVIDUAL DEBTOR'S STATEMENT OF COMPLIANCE WITH

CREDIT COUNSELING REQUIREMENT

Warning: You must be able to check truthfully one of the five statements regarding credit

counseling listed below. If you cannot do so, you are not eligible to file a bankruptcy case, and the court

can dismiss any case you do file. If that happens, you will lose whatever filing fee you paid, and your

creditors will be able to resume collection activities against you. If your case is dismissed and you file

another bankruptcy case later, you may be required to pay a second filing fee and you may have to take

extra steps to stop creditors' collection activities.

Every individual debtor must file this Exhibit D. If a joint petition is filed, each spouse must complete

and file a separate Exhibit D. Check one of the five statements below and attach any documents as directed.

 1. Within the 180 days before the filing of my bankruptcy case, I received a briefing from a credit

counseling agency approved by the United States trustee or bankruptcy administrator that outlined the

opportunities for available credit counseling and assisted me in performing a related budget analysis, and I have

a certificate from the agency describing the services provided to me. Attach a copy of the certificate and a copy

of any debt repayment plan developed through the agency.

 2. Within the 180 days before the filing of my bankruptcy case, I received a briefing from a credit

counseling agency approved by the United States trustee or bankruptcy administrator that outlined the

opportunities for available credit counseling and assisted me in performing a related budget analysis, but I do

not have a certificate from the agency describing the services provided to me. You must file a copy of a

certificate from the agency describing the services provided to you and a copy of any debt repayment plan

developed through the agency no later than 14 days after your bankruptcy case is filed.

 3. I certify that I requested credit counseling services from an approved agency but was unable to

obtain the services during the seven days from the time I made my request, and the following exigent

circumstances merit a temporary waiver of the credit counseling requirement so I can file my bankruptcy case

now. [Summarize exigent circumstances here.]

If your certification is satisfactory to the court, you must still obtain the credit counseling briefing

within the first 30 days after you file your bankruptcy petition and promptly file a certificate from the

agency that provided the counseling, together with a copy of any debt management plan developed

through the agency. Failure to fulfill these requirements may result in dismissal of your case. Any

extension of the 30-day deadline can be granted only for cause and is limited to a maximum of 15 days.

Your case may also be dismissed if the court is not satisfied with your reasons for filing your bankruptcy

case without first receiving a credit counseling briefing.

Software Copyright (c) 1996-2009 Best Case Solutions - Evanston, IL - (800) 492-8037 Best Case Bankruptcy

Case 10-00073 Doc 1 Filed 01/04/10 Entered 01/04/10 13:19:59 Desc Main

 Document Page 6 of 9
 1/04/10 1:12PM

B 1D (Official Form 1, Exhibit D) (12/09) - Cont. Page 2

 4. I am not required to receive a credit counseling briefing because of: [Check the applicable

statement.] [Must be accompanied by a motion for determination by the court.]

 Incapacity. (Defined in 11 U.S.C. § 109(h)(4) as impaired by reason of mental illness or

mental deficiency so as to be incapable of realizing and making rational decisions with respect to

financial responsibilities.);

 Disability. (Defined in 11 U.S.C. § 109(h)(4) as physically impaired to the extent of being

unable, after reasonable effort, to participate in a credit counseling briefing in person, by telephone, or

through the Internet.);

 Active military duty in a military combat zone.

 5. The United States trustee or bankruptcy administrator has determined that the credit counseling

requirement of 11 U.S.C. § 109(h) does not apply in this district.

I certify under penalty of perjury that the information provided above is true and correct.

Signature of Debtor: /s/ Marlyn M. Cruz

Marlyn M. Cruz

Date: January 4, 2010

Software Copyright (c) 1996-2009 Best Case Solutions - Evanston, IL - (800) 492-8037 Best Case Bankruptcy

Case 10-00073 Doc 1 Filed 01/04/10 Entered 01/04/10 13:19:59 Desc Main

 Document Page 7 of 9
}bk1{Credito AresMatix}bk{

American Express

PO Box 0001

Los Angeles, CA 90096

Bank of America

PO Box 650070

Dallas, TX 75265

Cardmember Services

PO Box 790408

St. Louis, MO 63179

Chase Card Services

PO Box 15153

Wilmington, DE 19886

Citi Bank

PO Box 6000

The Lakes, NV 89163-6000

Citibank

PO Box 688915

Des Moines, IA 50368

Draper and Kramer Inc.

PO Box 66089

Chicago, IL 60666

Home Depot Credit Services

Processing Center

Des Moines, IA 50364

Honda Financial Services

PO Box 60001

City of Industry, CA 91716

MB Financial Services

6111 N. River Road

Des Plaines, IL 60018

Sony Financial Services

PO Box 17602

Baltimore, MD 21297

Case 10-00073 Doc 1 Filed 01/04/10 Entered 01/04/10 13:19:59 Desc Main

 Document Page 8 of 9
Wells Fargo

PO Box 5296

Carol Stream, IL 60197

Wells Fargo Financial Bank

PO Box 5296

Carol Stream, IL 60197

Case 10-00073 Doc 1 Filed 01/04/10 Entered 01/04/10 13:19:59 Desc Main

 Document Page 9 of 9