GROUP EXHIBIT A

Case: 1:20-cv-02402 Document #: 61-1 Filed: 12/21/21 Page 1 of 25 PageID #:655
UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

TRUSTEE¶S FINAL REPORT (TFR)

The undersigned trustee hereby makes this Final Report and states as follows:

$SHWLWLRQXQGHU&KDSWHU7 of the United States Bankruptcy Code was filed on 05/26/2011

The undersigned trustee was appointed on 02/07/2020.

7KHWUXVWHHIDLWKIXOO\DQGSURSHUO\IXOILOOHGWKHGXWLHVHQXPHUDWHGLQ86&

$OOVFKHGXOHGDQGNQRZQDVVHWVRIWKHHVWDWHKDYHEHHQUHGXFHGWRFDVKUHOHDVHGWRWKHGHEWRU

DVH[HPSWSURSHUW\SXUVXDQWWR86&RUKDYHEHHQRUZLOOEHDEDQGRQHGSXUVXDQWWR86&

$QLQGLYLGXDOHVWDWHSURSHUW\UHFRUGDQGUHSRUWVKRZLQJWKHGLVSRVLWLRQRIDOOSURSHUW\RIWKHHVWDWH

is attached as Exhibit A.

7KHWUXVWHHUHDOL]HGWKHJURVVUHFHLSWVRI $ 24,500.00

Funds were disbursed in the following amounts:

Payments made under an

LQWHULPGLVWULEXWLRQ 0.00

Administrative expenses 0.00

Bank service fees 135.85

Other payments to creditors 0.00

Non-estate funds paid to 3rd Parties 0.00

Exemption paid to the debtor 0.00

Other payments to the debtor 0.00

Leaving a balance on hand of ï $ 24,364.15

The remaining funds are available for distribution.

$WWDFKHGDVExhibit B is a cash receipts and disbursements record for each estate bank 

account.

ï 7KHEDODQFHRIIXQGVRQKDQGLQWKHHVWDWHPD\FRQWLQXHWRHDUQLQWHUHVWXQWLOGLVEXUVHG7KHLQWHUHVW

HDUQHGSULRUWRGLVEXUVHPHQWZLOOEHGLVWULEXWHGSURUDWDWRFUHGLWRUVZLWKLQHDFKSULRULW\FDWHJRU\7KHWUXVWHHPD\

UHFHLYHDGGLWLRQDOFRPSHQVDWLRQQRWWRH[FHHGWKHPD[LPXPFRPSHQVDWLRQVHWIRUWKXQGHU86&DRQ

account of the disbursement of the additional interest.

In re:

Debtor(s)

Eduardo Garcia

Julia Escamilla

&DVH1R11-22208







UST Form 101-7-TFR (05/1/2011)

Case 11-22208 Doc 57 Filed 11/10/21 Entered 11/10/21 07:33:34 Desc Main

Document Page 1 of 9

Case: 1:20-cv-02402 Document #: 61-1 Filed: 12/21/21 Page 2 of 25 PageID #:656
7KHGHDGOLQHIRUILOLQJQRQJRYHUQPHQWDOFODLPVLQWKLVFDVHZDV05/29/2020 and the deadline 

for filing governmental claims was 05/29/2020$OOFODLPVRIHDFKFODVVZKLFKZLOOUHFHLYHDGLVWULEXWLRQ

KDYHEHHQH[DPLQHGDQGDQ\REMHFWLRQVWRWKHDOORZDQFHRIFODLPVKDYHEHHQUHVROYHG,IDSSOLFDEOHD

claims analysis, explaining why payment on any claim is not being made, is attached as Exhibit C.

7KH7UXVWHH¶s proposed distribution is attached as Exhibit D.

3XUVXDQWWR86&DWKHPD[LPXPFRPSHQVDWLRQDOORZDEOHWRWKHWUXVWHHLV

$2,119.157RWKHH[WHQWWKDWDGGLWLRQDOLQWHUHVWLVHDUQHGEHIRUHFDVHFORVLQJWKHPD[LPXP

compensation may increase.

The trustee has received $0.00 as interim compensation and now requests the sum of $2,119.15, 

for a total compensation of $2,119.15.ð ,QDGGLWLRQWKHWUXVWHHUHFHLYHGUHLPEXUVHPHQWIRUUHDVRQDEOH

and necessary expenses in the amount of $0.00 and now requests reimbursement for expenses of $57.75, 

for total expenses of $57.75.ð

Pursuant to Fed R Bank P 5009, I hereby certify, under penalty of perjury, that the foregoing 

report is true and correct.

Date: 10/12/2021 By: /s/ Andrew J. Maxwell

Trustee

STATEMENT: This Uniform Form is associated with an open bankruptcy case, therefore, Paperwork Reduction 

$FWH[HPSWLRQ&)5DDSSOLHV

ð If the estate is administratively insolvent, the dollar amounts reflected in this paragraph

may be higher than the amounts listed in the Trustee¶s Proposed Distribution (Exhibit D)

UST Form 101-7-TFR (05/1/2011)

Case 11-22208 Doc 57 Filed 11/10/21 Entered 11/10/21 07:33:34 Desc Main

Document Page 2 of 9

Case: 1:20-cv-02402 Document #: 61-1 Filed: 12/21/21 Page 3 of 25 PageID #:657
Case Number:

Case Name:

Period Ending:

11-22208 JPC 

Eduardo Garcia

Julia Escamilla

10/12/21

Andrew J. Maxwell

05/26/11 (f)

07/08/11

05/29/20

Trustee:

Filed (f) or Converted (c):

D0HHWLQJ'DWH

Claims Bar Date:

Ref #

1

Asset Description

(Scheduled And Unscheduled (u) Property)

2

Petition/

Unscheduled

Values

3

Estimated Net Value

(Value Determined By Trustee,

Less Liens, Exemptions,

and Other Costs)

4

Property

Abandoned

2$ D$EDQGRQ

5

Sale/Funds

Received by

the Estate

6

Asset Fully

Administered (FA)/

Gross Value of

Remaining Assets

1 1994 Ford Pickup 950.00 0.00 0.00 FA 

2 2003 Nissan Altima 5,000.00 0.00 0.00 FA 

3 2003 Misubishi Eclipse in posession of debtors' son, Byron 

Garcia 

1,500.00 0.00 0.00 FA 

4 Bedroom furniture and TV 600.00 0.00 0.00 FA 

5 Men's clothing and Women's clothing 200.00 0.00 0.00 FA 

6 Wedding Bands 500.00 0.00 0.00 FA 

7 Checking account with Bank of America 600.00 0.00 0.00 FA 

8 Savings account with Bank of America 100.00 0.00 0.00 FA 

9 Savings account with Credit Union 300.00 0.00 0.00 FA 

10 403b held with employer 10,000.00 0.00 0.00 FA 

11 Debtors claims against America's Servicing Company/ Wells 

Fargo Bank, N.A. for actual, statutory, and punitive damages, 

emotional distress, attorneys fees and costs, for its wrongful 

actions in the servicing of Debtors mortgage 

per amended schedule 2-26-20 after case reopened to pursue 

claim against Wells Fargo. $3050 wild card exemption claimed.

Unknown 1.00 24,500.00 0.00

TOTALS (Excluding Unknown Values) $19,750.00 $1.00 $24,500.00 $0.00

Major activities affecting case closing:

-per special counsel, partial settlement that would pay creditors 100%; would need court approval 4-1-21

-Case filed in NDIL in April 2020 (1:20-cv-02402), case in motion stage. No specific dates as of 8-20

3-10-20: special counsel employed to pursue litigation

-2-29-20 filed app to employ attorneys for 3-10, circulated proposed declaration for comment in regard to employment of special counsel and reviewed retainer agreements; order entered auth employ 

special counsel. 

-reopened 2-20 for case against Wells Fargo mortgage. Initial asset report filed 2-26-20 based on proposed special counsel report..

Initial Projected Date of Final Report (TFR): June 30, 2022 Current Projected Date of Final Report (TFR): June 30, 2022

FORM 1

INDIVIDUAL ESTATE PROPERTY RECORD AND REPORT

ASSET CASES

Exhibit A

Page: 1

Case 11-22208 Doc 57 Filed 11/10/21 Entered 11/10/21 07:33:34 Desc Main

Document Page 3 of 9

Case: 1:20-cv-02402 Document #: 61-1 Filed: 12/21/21 Page 4 of 25 PageID #:658
October 12, 2021

Date

/s/ Andrew J. Maxwell

Andrew J. Maxwell

FORM 1

INDIVIDUAL ESTATE PROPERTY RECORD AND REPORT

ASSET CASES

Exhibit A

Page: 2

Case 11-22208 Doc 57 Filed 11/10/21 Entered 11/10/21 07:33:34 Desc Main

Document Page 4 of 9

Case: 1:20-cv-02402 Document #: 61-1 Filed: 12/21/21 Page 5 of 25 PageID #:659
Case Number: 11-22208 JPC Trustee: Andrew J. Maxwell

Case Name: Eduardo Garcia Bank Name: Signature Bank

Julia Escamilla Account: ******3132 - Checking

Taxpayer ID#: **-***7076 Blanket Bond: $5,000,000.00 (per case limit)

Period Ending: 10/12/21 Separate Bond: N/A

1

Trans.

Date

2

Check or

Ref. #

3

Paid To / Received From

4

Description of Transaction

Uniform

Tran. Code

5

Receipts

$

 6

Disbursements

$

7

Checking

Account Balance

06/16/21 Asset #11 wells fargo bank NA check 0004523242 per TO o/c 1129-000 14,500.00 14,500.00

06/16/21 Asset #11 wells fargo bank NA check 0004523243 1129-000 10,000.00 24,500.00

06/30/21 Signature Bank Bank and Technology Services Fee 2600-000 15.71 24,484.29

07/30/21 Signature Bank Bank and Technology Services Fee 2600-000 39.24 24,445.05

08/31/21 Signature Bank Bank and Technology Services Fee 2600-000 41.79 24,403.26

09/30/21 Signature Bank Bank and Technology Services Fee 2600-000 39.11 24,364.15

ACCOUNT TOTALS

Less: Bank Transfers

24,500.00

0.00

135.85

0.00

$24,364.15

Subtotal

Less: Payment to Debtors

24,500.00 135.85

0.00

NET Receipts / Disbursements $24,500.00 $135.85

TOTAL - ALL ACCOUNTS

Net

Receipts

Net

Disbursements

Account

Balances

Checking # ******3132 24,500.00 135.85 24,364.15

$24,500.00 $135.85 $24,364.15

Form 2

Cash Receipts and Disbursements Record

Exhibit B

Page: 1

Case 11-22208 Doc 57 Filed 11/10/21 Entered 11/10/21 07:33:34 Desc Main

Document Page 5 of 9

Case: 1:20-cv-02402 Document #: 61-1 Filed: 12/21/21 Page 6 of 25 PageID #:660
Exhibit C

Claims Register

Case: 11-22208-JPC Eduardo Garcia

Total Proposed Payment: $24,364.15 Claims Bar Date: 05/29/20

Claim

Number

Claimant Name /

Category, Priority

Claim Type /

Date Filed

Claim Ref. /

Notes

Amount Filed /

Allowed

Paid to Date / 

Proposed

Claim

Balance

Andrew J. Maxwell - Maxwell Law 

Group

Admin Ch. 7 $10.65 $0.00 $10.65

3010 N. California Avenue

Chicago, 

06/16/21 $10.65 $10.65

Chicago, IL 60618

3120-00 Attorney for Trustee Expenses (Trustee Firm), 200

Andrew J. Maxwell Admin Ch. 7 $57.75 $0.00 $57.75

3010 N. California Avenue 10/11/21 $57.75 $57.75

Chicago, IL 60618

2200-00 Trustee Expenses, 200

Andrew J. Maxwell Admin Ch. 7 $2,119.15 $0.00 $2,119.15

3010 N. California Avenue 10/12/21 $2,119.15 $2,119.15

Chicago, IL 60618

2100-00 Trustee Compensation, 200

Andrew J. Maxwell - Maxwell Law 

Group

Admin Ch. 7 $5,850.00 $0.00 $5,850.00

3010 N. California Avenue

Chicago, 

10/12/21 $5,850.00 $5,850.00

Chicago, IL 60618

3110-00 Attorney for Trustee Fees (Trustee Firm), 200

1 T Mobile/T-Mobile USA Inc Unsecured $414.49 $0.00 $414.49

by American InfoSource as agent

4515 N Santa Fe Ave

03/06/20 $414.49 $414.49

Oklahoma City, OK 73118

7100-00 *HQHUDO8QVHFXUHGD, 610

1-I T Mobile/T-Mobile USA Inc Unsecured $8.31 $0.00 $8.31

by American InfoSource as agent

4515 N Santa Fe Ave

10/12/21 $8.31 $8.31

Oklahoma City, OK 73118

7990-00 Surplus Cases Interest on Unsecured Claims (including priority), 640

2 Atlas Acquisitions LLC (GE Capital 

- Sam's Club)

Unsecured $4,995.13 $0.00 $4,995.13

294 Union St. 05/27/20 $4,995.13 $4,995.13

Hackensack, NJ 07601

7100-00 *HQHUDO8QVHFXUHGD, 610

2-I Atlas Acquisitions LLC (GE Capital 

- Sam's Club)

Unsecured $100.16 $0.00 $100.16

294 Union St. 10/12/21 $100.16 $100.16

Hackensack, NJ 07601

7990-00 Surplus Cases Interest on Unsecured Claims (including priority), 640

SURPLUS Eduardo Garcia and Julia 

Escamilla

Unsecured $10,808.51 $0.00 $10,808.51

407 Beach Ave 10/12/21 $10,808.51 $10,808.51

La Grange Park, IL 60526

8200-00 6XUSOXV)XQGV3DLGWR'HEWRUDLQFOSPWVWRVKDUHKROGHUV	OWGSDUW, 650

Case Total: $24,364.15 $0.00 $24,364.15

Printed: 10/12/21 Page: 1 Case 11-22208 Doc 57 Filed 11/10/21 Entered 11/10/21 07:33:34 Desc Main

Document Page 6 of 9

Case: 1:20-cv-02402 Document #: 61-1 Filed: 12/21/21 Page 7 of 25 PageID #:661
TRUSTEE¶S PROPOSED DISTRIBUTION

Exhibit D

Case No.: 11-22208-JPC 

Case Name: Eduardo Garcia

Trustee Name: Andrew J. Maxwell

Balance on hand: $ 24,364.15

Claims of secured creditors will be paid as follows:

Claim

No. Claimant

Claim

Asserted

Allowed Amount

of Claim

Interim Payments

to Date

Proposed

Payment

Application for chapter 7 fees and administrative expenses have been filed as follows:

Reason/Applicant Total Requested

Interim Payments

to Date

Proposed

Payment

Trustee, Fees - Andrew J. Maxwell 2,119.15 0.00 2,119.15

Trustee, Expenses - Andrew J. Maxwell 57.75 0.00 57.75

Attorney for Trustee, Fees - Andrew J. Maxwell - Maxwell Law 

Group

5,850.00 0.00 5,850.00

Attorney for Trustee, Expenses - Andrew J. Maxwell - Maxwell 

Law Group

10.65 0.00 10.65

Application for prior chapter fees and administrative expenses have been filed as follows:

Reason/Applicant Total Requested

Interim Payments

to Date

Proposed

Payment

In addition to the expenses of administration listed above as may be allowed by the

Court, priority claims totaling $0.00 must be paid in advance of any dividend to

general (unsecured) creditors.

Allowed priority claims are:

Claim

No. Claimant

Allowed Amount

of Claim

Interim Payments

to Date

Proposed

Payment

NONE

Total to be paid to secured creditors: $ 0.00

Remaining balance: $ 24,364.15

Total to be paid for chapter 7 administration expenses: $ 8,037.55

Remaining balance: $ 16,326.60

NONE

Total to be paid for prior chapter administration expenses: $ 0.00

Remaining balance: $ 16,326.60

NONE

UST Form 101-7-TFR (05/1/2011)

Case 11-22208 Doc 57 Filed 11/10/21 Entered 11/10/21 07:33:34 Desc Main

Document Page 7 of 9

Case: 1:20-cv-02402 Document #: 61-1 Filed: 12/21/21 Page 8 of 25 PageID #:662
The actual distribution to wage claimants included above, if any, will be the proposed

payment less applicable withholding taxes (which will be remitted to the appropriate taxing

authorities).

Timely claims of general (unsecured) creditors totaling $5,409.62 have been allowed and

will be paid pro rata only after all allowed administrative and priority claims have been paid in full.

The timely allowed general (unsecured) dividend is anticipated to be 100.000 percent,

plus interest (if applicable).

Timely allowed general (unsecured) claims are as follows:

Claim

No. Claimant

Allowed Amount

of Claim

Interim Payments

to Date

Proposed

Payment

1 T Mobile/T-Mobile USA Inc 414.49 0.00 414.49

2 Atlas Acquisitions LLC (GE Capital - Sam's Club) 4,995.13 0.00 4,995.13

Tardily filed claims of general (unsecured) creditors totaling $0.00 have been

allowed and will be paid pro rata only after all allowed administrative, priority and timely filed

JHQHUDOXQVHFXUHGFODLPVKDYHEHHQSDLGLQIXOO7KHWDUGLO\ILOHGFODLPVGLYLGHQGLVDQWLFLSDWHG

to be 0.0 percent, plus interest (if applicable).

Tardily filed general (unsecured) claims are as follows:

Claim

No. Claimant

Allowed Amount

of Claim

Interim Payments

to Date

Proposed

Payment

Subordinated unsecured claims for fines, penalties, forfeitures, or damages and claims

RUGHUHGVXERUGLQDWHGE\WKH&RXUWWRWDOLQJ0.00 have been allowed and will be paid

pro rata only after all allowed administrative, priority and general (unsecured) claims have been paid

LQIXOO7KHGLYLGHQGIRUVXERUGLQDWHGXQVHFXUHGFODLPVLVDQWLFLSDWHGWREH0.0 percent,

plus interest (if applicable).

Subordinated unsecured claims for fines, penalties, forfeitures, or damages and claims

ordered subordinated by the Court are as follows:

Claim

No. Claimant

Allowed Amount

of Claim

Interim Payments

to Date

Proposed

Payment

Total to be paid for priority claims: $ 0.00

Remaining balance: $ 16,326.60

Total to be paid for timely general unsecured claims: $ 5,409.62

Remaining balance: $ 10,916.98

NONE

Total to be paid for tardy general unsecured claims: $ 0.00

Remaining balance: $ 10,916.98

NONE

UST Form 101-7-TFR (05/1/2011)

Case 11-22208 Doc 57 Filed 11/10/21 Entered 11/10/21 07:33:34 Desc Main

Document Page 8 of 9

Case: 1:20-cv-02402 Document #: 61-1 Filed: 12/21/21 Page 9 of 25 PageID #:663
Total to be paid for subordinated claims: $ 0.00

Remaining balance: $ 10,916.98

To the extent funds remain after payment in full of all allowed claims, interest will be

paid at the legal rate of 0.19SXUVXDQWWR86&D)XQGVDYDLODEOHIRULQWHUHVW

are $108.477KHDPRXQWVSURSRVHGIRUSD\PHQWWRHDFKFODLPDQWOLVWHGDERYHVKDOOEH

increased to include the applicable interest.

The amount of surplus returned to the debtor after payment of all claims and interest is

10,808.51.

UST Form 101-7-TFR (05/1/2011)

Case 11-22208 Doc 57 Filed 11/10/21 Entered 11/10/21 07:33:34 Desc Main

Document Page 9 of 9

Case: 1:20-cv-02402 Document #: 61-1 Filed: 12/21/21 Page 10 of 25 PageID #:664
IN THE UNITED STATES BANKRUPTCY COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

IN RE: )

)

Eduardo Garcia and Julia Escamilla, ) No. 11-22208

) Hon. Jacqueline P. Cox

Debtors. ) Chapter 7

)

COVER SHEET FOR APPLICATION FOR

PROFESSIONAL COMPENSATION

(Appendix to Rule 607)

Name of Applicant: ANDREW J. MAXWELL AND MAXWELL LAW GROUP

Authorized to Provide

Professional Services to: ANDREW J. MAXWELL, TRUSTEE

Date of Order Authorizing Employment: March 10, 2020

Period for Which

Compensation is Sought: through the end of the case

Amount of Fees Sought: $5,850.00

Amount of Expense

Reimbursement Sought: $10.65

This is: an Interim Application ___; a Final Application X 

The aggregate amount of fees and expenses paid to the Applicant to date for services rendered and 

expenses incurred herein is: $5,860.65

Applicant: Andrew J. Maxwell and Maxwell Law Group

 BY: /s/ Andrew J. Maxwell 

(Local Bankruptcy Rules as adopted 24 June 1994: Page 107)

EXHIBIT F

Case 11-22208 Doc 58 Filed 11/10/21 Entered 11/10/21 08:52:24 Desc Main

Document Page 1 of 7

Case: 1:20-cv-02402 Document #: 61-1 Filed: 12/21/21 Page 11 of 25 PageID #:665
1

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

IN RE: )

)

Eduardo Garcia and Julia Escamilla, ) No. 11-22208

) Hon. Jacqueline P. Cox

Debtors. ) Chapter 7

APPLICATION OF TRUSTEE'S COUNSEL FOR ALLOWANCE OF 

COMPENSATION AND REIMBURSEMENT OF EXPENSES

Andrew J. Maxwell and Maxwell Law Group (collectively “Applicant”), counsel for the 

estate in this case, pursuant to §330, Title 11 U.S.C, and applicable Federal Rules of Bankruptcy 

Procedure, submits this Application of Trustee’s Counsel For Allowance of Compensation and 

Reimbursement of Expenses (“Application”). In support of the Application, Applicant states the 

following:

1. This case was commenced by the Debtor filing a voluntary petition for relief under 

Chapter 7 of the Bankruptcy Code on May 26, 2011. Debtor is represented by counsel.

2. Andrew J. Maxwell (“Maxwell” or “Trustee”) was appointed as Chapter 7 Trustee, 

qualified, and acted as such. The first meeting of creditors was scheduled for July 8, 2011, and 

the Debtors appeared for examination by the Trustee. Trustee filed a no distribution report on or 

about July 11, 2011; the Debtors were granted a discharge on or about September 7, 2011; and the 

case was closed on or about September 12, 2011.

3. Debtors filed a motion to reopen the case (docket 19) on January 28, 2020, which 

the Court granted (docket 24) by order docketed February 6, 2020. By letter docketed February 

7, 2020 (docket no. 26), the United States Trustee appointed Maxwell as trustee in the reopened 

case.

4. On February 26, 2020, Debtors filed amended Schedules A/B and C (docket 27). 

Case 11-22208 Doc 58 Filed 11/10/21 Entered 11/10/21 08:52:24 Desc Main

Document Page 2 of 7

Case: 1:20-cv-02402 Document #: 61-1 Filed: 12/21/21 Page 12 of 25 PageID #:666
2

Debtors assert they have a cause of action arising out of acts and omissions prior to the 

commencement date of this case by Wells Fargo Mortgage, an affiliate (collectively, “Wells 

Fargo”), or others (the “Asset”) for its actions in improperly denying Debtors a HAMP 

Modification and foreclosing on their home in 2010. The Asset is property of the estate pursuant 

to Section 541(a)(5)(A), Title 11 U.S.C. (the “Bankruptcy Code”) that could benefit the creditors 

of the estate. The Asset is currently the subject of a lawsuit in the District Court for the Northern 

District of Illinois, currently pending under case number 1:20-cv-02402 (the “Lawsuit”). The 

Trustee has employed special counsel to pursue the Asset/Lawsuit. 

5. The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§157 and 1334. 

The Application is a core proceeding pursuant to 28 U.S.C. §157(b) (2) (A). Venue is proper in 

this district pursuant to 28 U.S.C. §§1408 and 1409. 

6. By order dated March 10, 2020, this Court authorized the employment of Applicant 

to serve as counsel for the Trustee (docket 30, 36). Applicant has received $ -0- in previously 

awarded compensation and reimbursement of expenses. Applicant requests allowance in the 

amount of $5,850.00 as compensation for legal services rendered on behalf of the estate, and 

reimbursement of actual and necessary expenses in the amount of $10.65.

7. Applicant assisted the Trustee’s investigation into the various assets and 

undertook to protect the interests of the estate in those assets, including determining the legal 

rights of the Trustee and working with attorneys for the Debtor in the bankruptcy case and in the 

Asset (action against Wells Fargo). 

Applicant prepared, filed, and presented the Application to Employ Attorneys for the 

estate which was granted by this Court (dockets 30, 36). Applicant prepared, filed, and 

presented the Application to Employ Special Counsel to pursue the Action which was granted by 

this Court (dockets 32, 37). Applicant reviewed the complaint and the docket in the Action in 

Case 11-22208 Doc 58 Filed 11/10/21 Entered 11/10/21 08:52:24 Desc Main

Document Page 3 of 7

Case: 1:20-cv-02402 Document #: 61-1 Filed: 12/21/21 Page 13 of 25 PageID #:667
3

order to protect the estate, and monitored the Action1

As more particularly set forth in the Trustee’s Motion for Turnover of Funds (“Turnover 

Motion”)(docket 43), prior to the bankruptcy case being reopened, Wells Fargo had tendered 

certain payments to Debtors totaling $24,500 without requiring waiver of Debtors’ rights in the 

Action. After the case was reopened and Trustee reappointed, Applicant prepared, filed, and 

presented the Turnover Motion in order to obtain the reissue of those funds to the estate as 

property of the estate. After objection by Wells Fargo (docket 48) and hearing, this Court 

granted the Turnover Motion (docket 54). Wells Fargo made payment to the Trustee pursuant to 

the order granting the Turnover Motion.2

8. Applicant prepared and will file and present this Application for Allowance of 

compensation. Special counsel will be paid out of any recovery in the Action and will not be 

paid out of the bankruptcy estate. To the extent necessary, Applicant assisted Trustee in the 

review of claims, including the claim objection filed by Debtors (docket 39) and to determine 

whether it was advisable to abandon the Action prior to a court order granting the Trustee’s Final 

Report to be filed in this case.

3

 Applicant has assisted and will continue to assist Trustee in 

responding to inquiries from the United States Trustee, Debtor, and creditors. As a result of 

Trustee’s and Applicant’s efforts, there should be 100% distribution to filed claims with some 

surplus returned to Debtors at the end of this case.

9. Attached hereto as an exhibit is an itemized statement ("Time Detail") of the legal 

1 This also included, at Debtors’ counsel’s request, Trustee appearing at a status 

conference in the Action in August 2021. Applicant did not charge these as legal services.

2 The funds received from Wells Fargo appear to be sufficient to pay all timely filed 

claims in this Case in full, as well as the costs of administration (excluding any fees or costs to 

special counsel).

3

 The Action would be abandoned as property of the estate pursuant to Section 554©, 

Title 11 U.S.C., upon approval of the Trustee’s Final Report and the closing of the case after 

distribution. 

Case 11-22208 Doc 58 Filed 11/10/21 Entered 11/10/21 08:52:24 Desc Main

Document Page 4 of 7

Case: 1:20-cv-02402 Document #: 61-1 Filed: 12/21/21 Page 14 of 25 PageID #:668
4

services rendered. The Time Detail reflects the legal services rendered, the person who performed 

those services and a description of the work performed. The time expended by Trustee's attorneys 

is sub-divided in the Time Detail into categories of services as follows:

(1) Employment and Payment of Professionals, Agents and Employees: services to 

obtain authorization for Trustee's employment of attorneys, appear in court to 

present the employment applications, prepare final fee application to seek allowance 

and authorization for payment of professionals; $1,215.00

(2) Turnover: services to obtain funds from Wells Fargo, preparation of Turnover 

Motion and draft orders, response to Wells Fargo objection, revision of draft order 

after court hearing $1,800.00

(3) Litigation: services to obtain authorization for Trustee's employment of multiple 

special counsel (including multiple declarations) (Messrs. Lopez, Payton, Wooten), 

review special counsel retainer agreements, review draft complaint in the Action, 

monitor the Action $2,160.00

(4) General: services provided on general matters and services not amenable to categorization 

Within other categories, or in regard to multiple categories, in particular appearance in court 

for the status of reopening the case and presentation of general and special counsel 

employment applications; $675.00

The total compensation sought for each category of service is set forth on the Time Detail. 

Some recorded time entries were not charged for; those items are also shown on the Time 

Detail. Some services were not recorded as time entries. Applicant, in conjunction with the 

Trustee, made every effort to properly characterize the services as attorney or trustee 

services no matter what person performed the services. Applicant also made every effort to 

not seek compensation for excess time spent on several projects.

10. Applicant's personnel4 who rendered legal services, the billable time expended by 

each, and each person's hourly rate(s) during the Application Period is set forth in the time detail 

attached hereto.

4 Billing Codes:

Andrew J. Maxwell (AJM 12) Staff Rate (SR or SR-11), attorney (The “Staff Rate” is for services 

performed by attorneys but which arguably could have been performed by a paralegal at a lower 

billing rate, therefore a paralegal billing rate was charged for those services)

Laura A. Koran (LAK) , legal asst

Case 11-22208 Doc 58 Filed 11/10/21 Entered 11/10/21 08:52:24 Desc Main

Document Page 5 of 7

Case: 1:20-cv-02402 Document #: 61-1 Filed: 12/21/21 Page 15 of 25 PageID #:669
5

11. Attached and made a part of the Time Detail is an itemized statement of the actual 

expenses necessarily incurred by the Applicant totaling $10.65, for which reimbursement is also 

sought. Each expense for which reimbursement is sought is not included in "overhead" used to 

calculate the hourly rates charged, and such expenses are charged at the same or higher rates to 

clients other than bankruptcy trustees. Each expense is specifically charged to a particular client 

matter - there is no pro-ration of "overhead" charges such as the maintenance of photocopy machine 

or the rental of a postage meter.

12. Based on the nature, extent and value of services performed by the Applicant, the 

results achieved, and the costs of comparable services, the compensation and reimbursement of 

expenses sought are fair and reasonable. 

13. At all times during Applicant's representation of the Trustee, Applicant was a 

disinterested person and neither represented nor held an interest adverse to the estate with respect to 

matters on which Applicant was employed.

14. Trustee's attorneys believe this Application and the detailed statement attached 

hereto comports with applicable case law regarding compensation of professionals. See: In re 

Continental Illinois Securities Litigation, 962 F.2d 566 (7th Cir. 1992); In re Covent Guardian 

Corp., 103 B.R. 937 (Bankr.N.D.Ill. 1989); In re Pettibone Corporation, 74 B.R. 293 (Bankr.N.D.Ill. 

1987); and In re Wildman, 72 B.R. 700 (Bankr.N.D.Ill. 1987).

15. Notice of this Application will be provided as part of the Trustee’s Notice of Final 

Report to the Debtors’ bankruptcy attorney of record, Debtors, special counsel, the United States 

Trustee, attorneys for Wells Fargo, all creditors, and any others having registered to receive 

electronic notices in this case. 

WHEREFORE, Applicant requests that it be awarded reasonable compensation in the 

amount of $5,850.00 for legal services rendered and reimbursement of actual and necessary 

Case 11-22208 Doc 58 Filed 11/10/21 Entered 11/10/21 08:52:24 Desc Main

Document Page 6 of 7

Case: 1:20-cv-02402 Document #: 61-1 Filed: 12/21/21 Page 16 of 25 PageID #:670
6

expenses of $10.65 incurred by Applicant on behalf of the Trustee in this case, and such other relief 

that this Court deems just and fair.

 RESPECTFULLY SUBMITTED,

Andrew J. Maxwell and Maxwell Law Group

By: /s/ Andrew J. Maxwell

One of the Attorneys for Trustee

Andrew J. Maxwell (ARDC#1799150)

Maxwell Law Group

3010 N. California Ave.

Chicago, IL 60618

312/368-1138

Case 11-22208 Doc 58 Filed 11/10/21 Entered 11/10/21 08:52:24 Desc Main

Document Page 7 of 7

Case: 1:20-cv-02402 Document #: 61-1 Filed: 12/21/21 Page 17 of 25 PageID #:671
IN THE UNITED STATES BANKRUPTCY COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

IN RE: )

)

Eduardo Garcia and Julia Escamilla, ) No. 11-22208

) Hon. Jacqueline P. Cox

Debtors. ) Chapter 7

TRUSTEE’S APPLICATION FOR

COMPENSATION AND REIMBURSEMENT OF EXPENSES

NOW COMES ANDREW J. MAXWELL, Trustee herein, pursuant to 11 U.S.C. §330, and 

requests allowances of $2,119.15 as compensation and $57.75 for reimbursement of expenses, $0

amount of which has previously been paid.

I. COMPUTATION OF COMPENSATION

Total disbursements to parties in interest, excluding the Debtor, but including holders of 

secured claims are $13,691.49. Pursuant to 11 U.S.C. §326, compensation should be computed as 

follows:

25% of the First $5,000.00 $1,250.00 ($1,250.00 max.)

10% of next $45,000.00 $869.15 ($4,500.00 max.)

05% of next $950,000.00 $0.00 ($47,500.00 max.)

03% of balance $0.00

TOTAL COMPENSATION $2,119.15

EXPENSES: COPY, POSTAGE, SUPPLIES FOR NOTICE AND DISTRIBUTION: $57.75.

The undersigned certifies under penalty of perjury that no agreement or understanding 

exists between the undersigned and any other person for sharing of compensation prohibited by 

the Bankruptcy Code. No payments have previously been made or promised to the undersigned in 

any capacity in connection with the above captioned case, except as previously authorized and 

approved by the Bankruptcy Court.

/s/ Andrew J. Maxwell

Trustee

Andrew J. Maxwell 

c/o Maxwell Law Group

3010 N. California Ave.

Chicago, IL 60618

312/368-1138

Case 11-22208 Doc 59 Filed 11/10/21 Entered 11/10/21 08:57:26 Desc Main

Document Page 1 of 2

Case: 1:20-cv-02402 Document #: 61-1 Filed: 12/21/21 Page 18 of 25 PageID #:672
1

PROFESSIONAL FEES AND EXPENSES

Previously

Allowed

Pending

Compensation

Applications

Fees &

Expenses

Total

Trustee’s Attorneys 0 5,860.65 5,860.65

Trustee’s Accountants 0 0 0

Any Other Professional

Financial Consultant 0 0 0

103,775.49

Trustee’s Other

Professionals

Special counsel not being compensated out of the bankruptcy estate

Debtor’s Attorney

Debtor’s Accountant

TOTAL 5,860.65 5,860.65

Case 11-22208 Doc 59 Filed 11/10/21 Entered 11/10/21 08:57:26 Desc Main

Document Page 2 of 2

Case: 1:20-cv-02402 Document #: 61-1 Filed: 12/21/21 Page 19 of 25 PageID #:673
UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

In re:

Debtor(s)

Eduardo Garcia

Julia Escamilla

&DVH1R11-22208



Hon. Jacqueline P. Cox



Hearing Date: 12/7/2021

Hearing Time: 1:00

Room No.: By ZoomGov Meeting

127,&(2)TRUSTEE¶S FINAL REPORT AND

APPLICATIONS FOR COMPENSATION

AND DEADLINE TO OBJECT (NFR)

Pursuant to Fed. R. Bankr. P. 2002(a)(6) and 2002(f)(8), please take notice that Andrew J. 

Maxwell, trustee of the above styled estate, has filed a Final Report and the trustee and the trustee¶s 

professionals have filed final fee applications, which are summarized in the attached Summary of 

Trustee¶s Final Report and Applications for Compensation.

The complete Final Report and all applications for compensation are available for inspection at 

the Office of the Clerk, at the following address: 

Clerk, U S Bankruptcy Court

219 S. Dearborn Street

7th Floor

Chicago, IL 60604

The Final Report and Applications will be presented and heard electronically using Zoom 

for Government. No personal appearance in court is necessary or permitted. To appear and be heard on 

the Application, you must do the following:

To appear by video, use link: https://www.zoomgov.com/. Then enter the meeting ID and 

passcode.

To appear by telephone, call Zoom for Government at 1-669-254-5252 or 1-646-828- 7666. 

Then enter the meeting ID and passcode.

Meeting ID and passcode. The meeting ID for this hearing is: 161 273 2896 and the passcode is: 

778135. The meeting ID, Passcode and Rules for Zoom Motion Calls can also be found on the judge¶s 

page on the court¶s web site.

Any person wishing to object to any fee application that has not already been approved or to the 

Final Report, must file a written objection within twenty one (21) days from the mailing of this notice, 

serve a copy of the objections upon the trustee, any party whose application is being challenged and the 

United States Trustee.

If you object to the Final Report or any of the Applications and want it called on the 

presentment date above, you must file a Notice of Objection no later than two (2) business days before 

that date. If a Notice of Objection is timely filed, the Final Report and Applications will be called on the 

presentment date. If no Notice of Objection is timely filed, the court may grant the Applications in 

advance without a hearing. 

UST Form 101-7-NFR (10/1/2010)

Case 11-22208 Doc 60 Filed 11/10/21 Entered 11/10/21 09:02:07 Desc Main

Document Page 1 of 6

Case: 1:20-cv-02402 Document #: 61-1 Filed: 12/21/21 Page 20 of 25 PageID #:674
Date Mailed: 11/12/2021 By: /s/ Andrew J. Maxwell

Trustee

Andrew J. Maxwell

3010 N. California Avenue

Chicago, IL 60618

(312) 368-1138

maxwelllawchicago@yahoo.com

UST Form 101-7-NFR (10/1/2010)

Case 11-22208 Doc 60 Filed 11/10/21 Entered 11/10/21 09:02:07 Desc Main

Document Page 2 of 6

Case: 1:20-cv-02402 Document #: 61-1 Filed: 12/21/21 Page 21 of 25 PageID #:675
Claims of secured creditors will be paid as follows:

Claim

No. Claimant

Claim

Asserted

Allowed Amount

of Claim

Interim Payments

to Date

Proposed

Payment

Applications for chapter 7 fees and administrative expenses have been filed as follows:

Reason/Applicant Total Requested

Interim Payments

to Date

Proposed

Payment

Trustee, Fees - Andrew J. Maxwell 2,119.15 0.00 2,119.15

Trustee, Expenses - Andrew J. Maxwell 57.75 0.00 57.75

Attorney for Trustee, Fees - Andrew J. Maxwell - Maxwell Law 

Group

5,850.00 0.00 5,850.00

Attorney for Trustee, Expenses - Andrew J. Maxwell - Maxwell 

Law Group

10.65 0.00 10.65

NONE

Total to be paid to secured creditors: $ 0.00

Remaining balance: $ 24,364.15

Total to be paid for chapter 7 administration expenses: $ 8,037.55

Remaining balance: $ 16,326.60

UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

In re:

Debtor(s)

Eduardo Garcia

Julia Escamilla

&DVH1R11-22208







SUMMARY OF TRUSTEE¶S FINAL REPORT

AND APPLICATION FOR COMPENSATION

The Final Report shows receipts of $ 24,500.00

and approved disbursements of $ 135.85

OHDYLQJDEDODQFHRQKDQGRIï $ 24,364.15

Balance on hand: $ 24,364.15

ï The balance of funds on hand in the estate may continue to earn interest until disbursed. The interest

earned prior to disbursement will be distributed pro rata to creditors within each priority category. The trustee may

UHFHLYHDGGLWLRQDOFRPSHQVDWLRQQRWWRH[FHHGWKHPD[LPXPFRPSHQVDWLRQVHWIRUWKXQGHU86&DRQ

account of the disbursement of the additional interest.

UST Form 101-7-NFR (10/1/2010)

Case 11-22208 Doc 60 Filed 11/10/21 Entered 11/10/21 09:02:07 Desc Main

Document Page 3 of 6

Case: 1:20-cv-02402 Document #: 61-1 Filed: 12/21/21 Page 22 of 25 PageID #:676
Applications for prior chapter fees and administrative expenses have been filed as follows:

Reason/Applicant Total Requested

Interim Payments

to Date

Proposed

Payment

In addition to the expenses of administration listed above as may be allowed by the

Court, priority claims totaling $0.00 must be paid in advance of any dividend to

general (unsecured) creditors.

Allowed priority claims are:

Claim

No. Claimant

Allowed Amount

of Claim

Interim Payments

to Date

Proposed

Payment

The actual distribution to wage claimants included above, if any, will be the proposed

payment less applicable withholding taxes (which will be remitted to the appropriate taxing

authorities).

Timely claims of general (unsecured) creditors totaling $5,409.62 have been allowed and

will be paid pro rata only after all allowed administrative and priority claims have been paid in full.

The timely allowed general (unsecured) dividend is anticipated to be 100.000 percent,

plus interest (if applicable).

Timely allowed general (unsecured) claims are as follows:

Claim

No. Claimant

Allowed Amount

of Claim

Interim Payments

to Date

Proposed

Payment

1 T Mobile/T-Mobile USA Inc 414.49 0.00 414.49

2 Atlas Acquisitions LLC (GE Capital - Sam's Club) 4,995.13 0.00 4,995.13

NONE

Total to be paid for prior chapter administration expenses: $ 0.00

Remaining balance: $ 16,326.60

NONE

Total to be paid for priority claims: $ 0.00

Remaining balance: $ 16,326.60

Total to be paid for timely general unsecured claims: $ 5,409.62

Remaining balance: $ 10,916.98

UST Form 101-7-NFR (10/1/2010)

Case 11-22208 Doc 60 Filed 11/10/21 Entered 11/10/21 09:02:07 Desc Main

Document Page 4 of 6

Case: 1:20-cv-02402 Document #: 61-1 Filed: 12/21/21 Page 23 of 25 PageID #:677
Tardily filed claims of general (unsecured) creditors totaling $0.00 have been

allowed and will be paid pro rata only after all allowed administrative, priority and timely filed

JHQHUDOXQVHFXUHGFODLPVKDYHEHHQSDLGLQIXOO7KHWDUGLO\ILOHGFODLPGLYLGHQGLVDQWLFLSDWHG

to be 0.0 percent, plus interest (if applicable).

Tardily filed general (unsecured) claims are as follows:

Claim

No. Claimant

Allowed Amount

of Claim

Interim Payments

to Date

Proposed

Payment

Subordinated unsecured claims for fines, penalties, forfeitures, or damages and claims

RUGHUHGVXERUGLQDWHGE\WKH&RXUWWRWDOLQJ0.00 have been allowed and will be paid

pro rata only after all allowed administrative, priority and general (unsecured) claims have been paid

LQIXOO7KHGLYLGHQGIRUVXERUGLQDWHGXQVHFXUHGFODLPVLVDQWLFLSDWHGWREH0.0 percent,

plus interest (if applicable).

Subordinated unsecured claims for fines, penalties, forfeitures, or damages and claims

ordered subordinated by the Court are as follows:

Claim

No. Claimant

Allowed Amount

of Claim

Interim Payments

to Date

Proposed

Payment

NONE

Total to be paid for tardy general unsecured claims: $ 0.00

Remaining balance: $ 10,916.98

NONE

Total to be paid for subordinated claims: $ 0.00

Remaining balance: $ 10,916.98

To the extent funds remain after payment in full of all allowed claims, interest will be

paid at the legal rate of 0.19SXUVXDQWWR86&D)XQGVDYDLODEOHIRULQWHUHVW

are $108.477KHDPRXQWVSURSRVHGIRUSD\PHQWWRHDFKFODLPDQWOLVWHGDERYHVKDOOEH

increased to include the applicable interest.

The amount of surplus returned to the debtor after payment of all claims and interest is

10,808.51.

UST Form 101-7-NFR (10/1/2010)

Case 11-22208 Doc 60 Filed 11/10/21 Entered 11/10/21 09:02:07 Desc Main

Document Page 5 of 6

Case: 1:20-cv-02402 Document #: 61-1 Filed: 12/21/21 Page 24 of 25 PageID #:678
Prepared By: /s/ Andrew J. Maxwell

Trustee

Andrew J. Maxwell

3010 N. California Avenue

Chicago, IL 60618

(312) 368-1138

maxwelllawchicago@yahoo.com

STATEMENT: This Uniform Form is associated with an open bankruptcy case, therefore, Paperwork Reduction Act 

H[HPSWLRQ&)5DDSSOLHV

UST Form 101-7-NFR (10/1/2010)

Case 11-22208 Doc 60 Filed 11/10/21 Entered 11/10/21 09:02:07 Desc Main

Document Page 6 of 6

Case: 1:20-cv-02402 Document #: 61-1 Filed: 12/21/21 Page 25 of 25 PageID #:679