Skip to content

FINAL_FINANCIAL_AFFIDAVIT.md

Latest commit

 

History

History
697 lines (498 loc) · 32.2 KB

FINAL_FINANCIAL_AFFIDAVIT.md

File metadata and controls

697 lines (498 loc) · 32.2 KB
Raw

FINANCIAL AFFIDAVIT OF NICHOLAS ANTHONY BIANCHI

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, DOMESTIC RELATIONS DIVISION

In re the Marriage of:

LUISA FERNANDA ARIAS MONTEALEGRE, Petitioner,

v.

NICHOLAS ANTHONY BIANCHI, Respondent

Case No.: 2024D007847

FINANCIAL AFFIDAVIT OF NICHOLAS ANTHONY BIANCHI

I, Nicholas Anthony Bianchi, being first duly sworn on oath, state that the following information is true and correct to the best of my knowledge and belief:

SECTION I: PERSONAL INFORMATION

Field Information
Full Legal Name Nicholas Anthony Bianchi
Current Address [SEALED PER COURT ORDER - Provide to Court Under Seal]
Date of Birth [MM/DD/YYYY]
Social Security Number XXX-XX-[Last 4 Digits]
Current Employer Self-Employed / IT CAN BE LLC
Occupation Business Operations and Property Management
Employment Start Date [MM/DD/YYYY]
Telephone [XXX-XXX-XXXX]
Email [your.email@domain.com]

SECTION II: MONTHLY INCOME

A. Employment Income

Source Gross Monthly Taxes/Deductions Net Monthly
IT CAN BE LLC $[AMOUNT] $[AMOUNT] $[AMOUNT]
W-2 Employment (if any) $[AMOUNT] $[AMOUNT] $[AMOUNT]

B. Business Income

Source Amount Notes
ARIBIA LLC Distributions $0.00 Suspended due to ongoing litigation
IT CAN BE LLC Profits $[AMOUNT] [Describe nature of business]

C. Other Income

Source Monthly Amount
Rental Income (Personal Properties) $[AMOUNT]
Investment Income (Interest/Dividends) $[AMOUNT]
Retirement Account Distributions $0.00
Other Income $[AMOUNT]

D. Income Summary

Category Amount
Total Gross Monthly Income $[AMOUNT]
Total Monthly Deductions $[AMOUNT]
Total Net Monthly Income $[AMOUNT]

SECTION III: MONTHLY EXPENSES

A. Housing Expenses

Expense Category 550 W Surf #504 (Cozy Castle) 541 W Addison (Lakeside Loft) Total
Mortgage Payment $[AMOUNT] $[AMOUNT] $[AMOUNT]
Property Taxes $[AMOUNT] $[AMOUNT] $[AMOUNT]
Homeowner's Insurance $[AMOUNT] $[AMOUNT] $[AMOUNT]
HOA/Condo Fees $[AMOUNT] $[AMOUNT] $[AMOUNT]
Utilities (Gas/Electric) $[AMOUNT] $[AMOUNT] $[AMOUNT]
Water/Sewer $[AMOUNT] $[AMOUNT] $[AMOUNT]
Internet/Cable $[AMOUNT] $[AMOUNT] $[AMOUNT]
Maintenance/Repairs $[AMOUNT] $[AMOUNT] $[AMOUNT]
Subtotal - Housing $[AMOUNT] $[AMOUNT] $[AMOUNT]

B. Personal Living Expenses

Expense Category Monthly Amount
Food and Groceries $[AMOUNT]
Dining Out $[AMOUNT]
Clothing $[AMOUNT]
Personal Care (Haircuts, etc.) $[AMOUNT]
Medical/Dental (Out of Pocket) $[AMOUNT]
Prescriptions/Medications $[AMOUNT]
Health Insurance Premiums $[AMOUNT]
Life Insurance $[AMOUNT]
Subtotal - Personal Living $[AMOUNT]

C. Transportation Expenses

Expense Category Monthly Amount
Auto Payment/Lease $[AMOUNT]
Auto Insurance $[AMOUNT]
Gasoline $[AMOUNT]
Parking/Tolls $[AMOUNT]
Public Transportation $[AMOUNT]
Vehicle Maintenance/Repairs $[AMOUNT]
Subtotal - Transportation $[AMOUNT]

D. Professional/Legal Expenses

Expense Category Monthly Amount
Attorney Fees (This Case) $[AMOUNT]
Accountant/Tax Preparation $[AMOUNT]
Business Licenses/Fees $[AMOUNT]
Professional Insurance $[AMOUNT]
Subtotal - Professional $[AMOUNT]

E. Other Monthly Expenses

Expense Category Monthly Amount
Cell Phone $[AMOUNT]
Subscriptions/Memberships $[AMOUNT]
Entertainment $[AMOUNT]
Charitable Contributions $[AMOUNT]
Other $[AMOUNT]
Subtotal - Other $[AMOUNT]

F. Monthly Expense Summary

Category Amount
Total Monthly Expenses $[AMOUNT]
Total Net Monthly Income $[AMOUNT]
Monthly Surplus/(Deficit) $[AMOUNT]

SECTION IV: ASSETS

A. Cash and Bank Accounts

Institution Account Type Account #(Last 4) Current Balance Classification
[Bank Name] Checking XXXX $[AMOUNT] Separate/Joint
[Bank Name] Savings XXXX $[AMOUNT] Separate/Joint
[Bank Name] Money Market XXXX $[AMOUNT] Separate/Joint
Total Cash/Bank Accounts $[AMOUNT]

B. Investment Accounts

Institution Account Type Account # (Last 4) Current Value Classification
Fidelity IRA XXXX $[AMOUNT] Separate (Pre-Marital)
[Institution] Brokerage XXXX $[AMOUNT] Separate/Joint
[Institution] 401(k)/Retirement XXXX $[AMOUNT] Separate/Joint
Total Investment Accounts $[AMOUNT]

Note: Fidelity IRA is separate, pre-marital property. Account was established on [DATE] with contributions from [DATES] through [DATE], all prior to marriage on December 30, 2022. On May 1, 2023, I withdrew $114,659.33 from this account for the purchase of Morada Mami property (see Section VI and Exhibit 3-B).

C. Business Interests

IT CAN BE LLC

Detail Information
Ownership Percentage 100%
Formation Date [MM/DD/YYYY]
State of Formation [Illinois/Other]
Business Activity Business operations and holding company
Estimated Value $[AMOUNT]
Basis of Valuation [Asset-based / Income approach / Other]
Classification Separate Property (formed with pre-marital funds)

ARIBIA LLC (100% owned by IT CAN BE LLC)

Detail Information
Formation Date July 15, 2022
State of Formation [Illinois/Other]
Business Activity Real estate holding and management
Current Ownership 100% owned by IT CAN BE LLC (as of October 29, 2024)
Previous Ownership Respondent 100% (Petitioner removed October 21, 2024)
Net Asset Value $[AMOUNT] (See property values below)
Classification Separate Property (See Section VI for detailed explanation)

Properties Held by ARIBIA LLC:

  1. 550 W Surf Street #211, Chicago, IL ("City Studio")

    • Acquisition Date: July 13, 2022 (pre-marital)
    • Current Estimated Value: $[AMOUNT]

  2. [Property Address], Medellín, Colombia ("Morada Mami")

    • Acquisition Date: July 6, 2023
    • Current Estimated Value: $[AMOUNT] USD equivalent

  3. 4343 N Clarendon Avenue #1610, Chicago, IL ("Villa Vista")

    • Acquisition Date: June 22, 2024
    • Current Estimated Value: $[AMOUNT]

D. Real Estate (Held in Personal Name)

Property #1: 550 W Surf Street #504, Chicago, IL ("Cozy Castle")

Detail Amount/Information
Acquisition Date [MM/DD/YYYY]
Original Purchase Price $[AMOUNT]
Current Estimated Value $[AMOUNT]
Basis of Valuation [Zillow/Appraisal/Comparable Sales dated MM/DD/YYYY]
Original Down Payment $[AMOUNT]
Source of Down Payment [Specify: Savings/IRA/Other - with dates showing pre-marital]
Current Mortgage Balance $[AMOUNT]
Lender [Lender Name]
Monthly Payment (P&I) $[AMOUNT]
Net Equity $[AMOUNT]
Classification Separate/Marital/Mixed [Explain if mixed]

Note: This is a different unit than 550 W Surf #211 (City Studio), which is owned by ARIBIA LLC. I personally own Unit #504 in the same building.

Property #2: 541 W Addison Street, Chicago, IL ("Lakeside Loft")

Detail Amount/Information
Acquisition Date [MM/DD/YYYY]
Original Purchase Price $[AMOUNT]
Current Estimated Value $[AMOUNT]
Basis of Valuation [Zillow/Appraisal/Comparable Sales dated MM/DD/YYYY]
Original Down Payment $[AMOUNT]
Source of Down Payment [Specify source and pre-marital nature if applicable]
Current Mortgage Balance $[AMOUNT]
Lender [Lender Name]
Monthly Payment (P&I) $[AMOUNT]
Net Equity $[AMOUNT]
Classification Separate/Marital/Mixed [Explain if mixed]

E. Vehicles

Year/Make/Model VIN (Last 6) Current Value Loan Balance Net Equity Classification
[YEAR MAKE MODEL] XXXXXX $[AMOUNT] $[AMOUNT] $[AMOUNT] Separate/Joint
Total Vehicles $[AMOUNT] $[AMOUNT] $[AMOUNT]

F. Personal Property

Category Estimated Value
Household Furniture and Furnishings $[AMOUNT]
Electronics and Appliances $[AMOUNT]
Jewelry and Watches $[AMOUNT]
Art and Collectibles $[AMOUNT]
Other Personal Property $[AMOUNT]
Total Personal Property $[AMOUNT]

G. Other Assets

Description Current Value Classification
[Cryptocurrency/Other] $[AMOUNT] Separate/Joint
[Other Assets] $[AMOUNT] Separate/Joint
Total Other Assets $[AMOUNT]

H. Total Assets Summary

Category Total Value
Cash and Bank Accounts $[AMOUNT]
Investment Accounts $[AMOUNT]
Business Interests $[AMOUNT]
Real Estate (Personal Name) $[AMOUNT]
Real Estate (ARIBIA LLC) $[AMOUNT]
Vehicles $[AMOUNT]
Personal Property $[AMOUNT]
Other Assets $[AMOUNT]
TOTAL ASSETS $[AMOUNT]

SECTION V: LIABILITIES

A. Real Estate Mortgages

Property Lender Original Amount Current Balance Monthly Payment Maturity Date
550 W Surf #504 (Cozy Castle) SoFi $[AMOUNT] $[AMOUNT] $[AMOUNT] [MM/YYYY]
541 W Addison (Lakeside Loft) [Lender] $[AMOUNT] $[AMOUNT] $[AMOUNT] [MM/YYYY]
Total Mortgage Debt $[AMOUNT] $[AMOUNT]

B. Vehicle Loans

Vehicle Lender Original Amount Current Balance Monthly Payment Maturity Date
[Year Make Model] [Lender] $[AMOUNT] $[AMOUNT] $[AMOUNT] [MM/YYYY]
Total Vehicle Debt $[AMOUNT] $[AMOUNT]

C. Credit Card Debt

Creditor Account #(Last 4) Current Balance Monthly Minimum APR
[Card Name] XXXX $[AMOUNT] $[AMOUNT] [%]
[Card Name] XXXX $[AMOUNT] $[AMOUNT] [%]
[Card Name] XXXX $[AMOUNT] $[AMOUNT] [%]
Total Credit Card Debt $[AMOUNT] $[AMOUNT]

D. Student Loans

Lender Original Amount Current Balance Monthly Payment Status
[Lender Name] $[AMOUNT] $[AMOUNT] $[AMOUNT] [In Repayment/Deferred]
Total Student Loans $[AMOUNT] $[AMOUNT]

E. Personal Loans

Lender Purpose Original Amount Current Balance Monthly Payment Maturity Date
[Lender/Person] [Purpose] $[AMOUNT] $[AMOUNT] $[AMOUNT] [MM/YYYY]
Total Personal Loans $[AMOUNT] $[AMOUNT]

F. Business-Related Debt

Creditor Business Purpose Current Balance Monthly Payment
[Creditor Name] IT CAN BE LLC [Purpose] $[AMOUNT] $[AMOUNT]
[Creditor Name] ARIBIA LLC [Purpose] $[AMOUNT] $[AMOUNT]
Total Business Debt $[AMOUNT] $[AMOUNT]

G. Taxes Owed

Tax Authority Tax Year(s) Amount Owed Payment Plan?
IRS [YYYY] $[AMOUNT] Yes/No
Illinois Dept of Revenue [YYYY] $[AMOUNT] Yes/No
Total Tax Debt $[AMOUNT]

H. Other Liabilities

Description Creditor Current Balance Monthly Payment
[Description] [Creditor] $[AMOUNT] $[AMOUNT]
Total Other Liabilities $[AMOUNT] $[AMOUNT]

I. Total Liabilities Summary

Category Total Balance
Real Estate Mortgages $[AMOUNT]
Vehicle Loans $[AMOUNT]
Credit Card Debt $[AMOUNT]
Student Loans $[AMOUNT]
Personal Loans $[AMOUNT]
Business-Related Debt $[AMOUNT]
Taxes Owed $[AMOUNT]
Other Liabilities $[AMOUNT]
TOTAL LIABILITIES $[AMOUNT]

SECTION VI: NET WORTH CALCULATION

Item Amount
Total Assets $[AMOUNT]
Less: Total Liabilities ($[AMOUNT])
NET WORTH $[AMOUNT]

SECTION VII: ARIBIA LLC - DETAILED STATEMENT OF SEPARATE PROPERTY CLASSIFICATION

A. Pre-Marital Formation

  1. ARIBIA LLC was formed on July 15, 2022, five (5) months prior to my marriage to Petitioner on December 30, 2022, as evidenced by the Articles of Organization filed with the [State] Secretary of State (Exhibit 2-A: Articles of Organization).

  2. At the time of formation, I was the sole member and manager of ARIBIA LLC. The initial Operating Agreement dated August 1, 2022, established the company's structure, governance, and my 100% ownership interest (Exhibit 2-B: Original Operating Agreement dated August 1, 2022).

B. Initial Capitalization from Separate Funds

  1. All initial capital contributions to ARIBIA LLC were sourced exclusively from my separate, pre-marital assets, specifically:

    a. Pre-marital Fidelity IRA Account (Account #XXXX-[last 4 digits]), established on [DATE] with contributions made from [START DATE] through [END DATE], all prior to December 30, 2022 marriage date (Exhibit 3-A: Fidelity IRA Statements showing account history and pre-marital balance of $[AMOUNT] as of December 29, 2022).

    b. Pre-marital savings from employment income earned from [EMPLOYMENT START DATE] through [END DATE], all prior to marriage, maintained in [Bank Name] Account #XXXX-[last 4 digits] with balance of $[AMOUNT] as of December 29, 2022 (Exhibit 3-C: Bank Statements for period [DATES]).

    c. Total separate funds used for initial ARIBIA LLC capitalization: $[AMOUNT], all of which were earned, saved, or accumulated prior to marriage (Exhibit 3-D: Capital Contribution Summary).

C. Property Acquisitions and Funding Sources

Property #1: 550 W Surf Street #211, Chicago, IL ("City Studio")

  1. Acquisition Date: July 13, 2022 (170 days prior to marriage)

  2. Purchase Price: $[AMOUNT]

  3. Funding Source: [Specify exact source: "Cash payment of $[AMOUNT] from pre-marital savings" OR "Down payment of $[AMOUNT] from pre-marital savings plus mortgage of $[AMOUNT]"]

  4. Evidence: Exhibit 4-A includes:

    • 4-A-1: Warranty Deed dated July 13, 2022
    • 4-A-2: Closing/Settlement Statement (HUD-1)
    • 4-A-3: Wire transfer or check documentation showing source of funds
    • 4-A-4: Bank statements demonstrating funds originated from pre-marital account

  5. Classification: This property was acquired entirely with separate, pre-marital funds prior to marriage and has always been held in ARIBIA LLC name, never in joint or marital ownership.

Property #2: Morada Mami, Medellín, Colombia

  1. Acquisition Date: July 6, 2023 (188 days after marriage)

  2. Purchase Price: $[AMOUNT] USD (or Colombian Peso equivalent)

  3. Funding Source: On May 1, 2023, I withdrew $114,659.33 from my separate, pre-marital Fidelity IRA Account for the express purpose of purchasing this property (Exhibit 3-B: Fidelity IRA Distribution Statement dated May 1, 2023, showing $114,659.33 withdrawal).

  4. Fund Tracing:

    • May 1, 2023: $114,659.33 withdrawn from Fidelity IRA (separate asset) and deposited to [specify account]
    • May [DATE], 2023: Wire transfer of $[AMOUNT] to [Colombian bank/attorney/seller] for Morada Mami purchase (Exhibit 3-E: Wire Transfer Documentation)
    • July 6, 2023: Purchase completed and title transferred to ARIBIA LLC (Exhibit 4-B: Colombian Property Title/Escritura)

  5. No Marital Funds Used: No joint accounts, marital income, or marital assets were used for this purchase. The funding was traced directly from my separate IRA to the property acquisition.

  6. Evidence: Exhibit 4-B includes:

    • 4-B-1: Colombian Property Title (Escritura) dated July 6, 2023
    • 4-B-2: Purchase and Sale Agreement
    • 4-B-3: Written Consent of Members dated July 6, 2023 (authorizing purchase)
    • 4-B-4: Complete fund flow documentation from IRA to closing

Property #3: 4343 N Clarendon Avenue #1610, Chicago, IL ("Villa Vista")

  1. Acquisition Date: June 22, 2024 (540 days after marriage)

  2. Purchase Price: $[AMOUNT]

  3. Funding Source: This property was purchased with a combination of:

    a. Separate funds: $[AMOUNT] from [specify source: pre-marital savings, business income from IT CAN BE LLC, other separate source]

    b. Loan from my mother, [Mother's Full Name]: $[AMOUNT] loaned to me personally on [DATE] pursuant to Promissory Note with the following terms:

    • Principal: $[AMOUNT]
    • Interest Rate: [%] per annum
    • Repayment Term: [X] years
    • Monthly Payment: $[AMOUNT]
    • Maturity Date: [MM/DD/YYYY]
    • Secured by: [Describe security, if any]

    c. I then contributed the loan proceeds to ARIBIA LLC as a capital contribution, maintaining the separate property nature of ARIBIA LLC (Exhibit 3-F: Capital Contribution documentation dated [DATE]).

  4. No Marital Funds Used: Although this property was acquired during the marriage, no marital or joint funds were used. The purchase was funded entirely through my separate capital contribution (including my mother's loan to me personally) to ARIBIA LLC.

  5. Evidence: Exhibit 4-C includes:

    • 4-C-1: Warranty Deed dated June 22, 2024
    • 4-C-2: Closing/Settlement Statement (HUD-1)
    • 4-C-3: Promissory Note from [Mother's Name] to Nicholas Bianchi dated [DATE]
    • 4-C-4: Loan agreement and terms
    • 4-C-5: Capital contribution documentation to ARIBIA LLC
    • 4-C-6: Bank records showing loan proceeds and contribution to ARIBIA LLC
    • 4-C-7: Repayment history (if any payments made)

D. Petitioner's Conditional Membership Interest

  1. Operating Agreement Amendment: On April 22, 2023, the ARIBIA LLC Operating Agreement was amended to grant Petitioner a [10]% conditional membership interest (Exhibit 2-C: Amended Operating Agreement dated April 22, 2023, executed by both parties).

  2. Conditional Nature: Pursuant to Section [X.X] of the April 22, 2023 Operating Agreement (Exhibit 2-C, page [X]), Petitioner's membership interest was expressly conditioned upon her fulfilling the following performance obligations:

    a. Property Management Obligation: Manage operations of Morada Mami property in Medellín, Colombia, including marketing, tenant screening, rent collection, and maintenance coordination, with the goal of generating net rental income of at least $[AMOUNT] per month (Operating Agreement § [X.X(a)]).

    b. Rent Payment Obligation: Pay monthly rent of $1,485.00 for occupancy of Villa Vista unit (4343 N Clarendon #1610) within five (5) days of the first of each month (Operating Agreement § [X.X(b)]).

    c. Maintenance Obligation: Maintain all ARIBIA LLC properties in good repair and immediately report any damage or maintenance issues (Operating Agreement § [X.X(c)]).

    d. Financial Obligation: Refrain from unauthorized personal use of ARIBIA LLC business credit cards or accounts (Operating Agreement § [X.X(d)]).

  3. Member Rights Conditioned on Performance: Section [X.X] of the Operating Agreement expressly provides that Petitioner's membership rights, including distribution rights and voting rights, are contingent upon her continued satisfaction of these obligations (Exhibit 2-C, page [X]).

E. Petitioner's Acknowledgment of Separate Ownership

  1. Throughout the marriage, Petitioner acknowledged the separate nature of ARIBIA LLC properties through written communications, including:

    a. Text message dated [DATE #1], wherein Petitioner stated: "[EXACT QUOTE referring to 'your houses' or 'your properties']" (Exhibit 5-A, page [X]).

    b. Text message dated [DATE #2], wherein Petitioner stated: "[EXACT QUOTE]" (Exhibit 5-A, page [X]).

    c. WhatsApp message dated [DATE #3], wherein Petitioner referred to ARIBIA properties as belonging to Respondent individually (Exhibit 5-B, page [X]).

  2. These communications demonstrate Petitioner's contemporaneous understanding that ARIBIA LLC and its properties were my separate assets, not marital or jointly-owned property.

F. Material Breach of Membership Obligations

  1. Petitioner failed to fulfill her conditional membership obligations, resulting in material breach of the Operating Agreement, as follows:

Breach #1: Unpaid Rent ($17,820.00)

  1. Petitioner failed to pay monthly rent of $1,485.00 for her occupancy of Villa Vista (4343 N Clarendon #1610) for a period of twelve (12) consecutive months from [START DATE] through [END DATE], resulting in total delinquency of $17,820.00 (Exhibit 7-A: Rent Payment Ledger showing payments due vs. payments received).

  2. Notice of Delinquency: Petitioner was provided written notice of rent delinquency on the following dates:

    • [DATE #1]: First Notice of Delinquency (30 days past due) - Exhibit 7-B
    • [DATE #2]: Second Notice (60 days past due) - Exhibit 7-C
    • [DATE #3]: Third Notice (90 days past due) - Exhibit 7-D
    • October 24, 2024: Final Notice of Delinquent Payment - Exhibit 7-E

  3. Despite repeated notices, Petitioner failed to cure the delinquency or make any payment arrangement.

Breach #2: Unauthorized Use of Business Credit Card

  1. Petitioner made unauthorized personal charges on ARIBIA LLC's American Express business credit card (Account #XXXX-[last 4 digits]) totaling $[AMOUNT] for personal expenses unrelated to ARIBIA LLC business, including:

    • [DATE]: [Description of charge] - $[AMOUNT]
    • [DATE]: [Description of charge] - $[AMOUNT]
    • [DATE]: [Description of charge] - $[AMOUNT] (Exhibit 7-F: AMEX Statement dated October 9, 2024, highlighting unauthorized charges)

  2. These charges violated Operating Agreement Section [X.X] prohibiting personal use of business assets.

Breach #3: [Additional Breach if Applicable]

  1. [Describe any additional breaches with specific facts, dates, and evidence citations]

G. Removal of Petitioner from ARIBIA LLC Membership

  1. Pursuant to Operating Agreement Section [X.X], which provides that a member may be removed for material breach of membership obligations upon written notice, I provided Petitioner with formal Notice of Removal dated October 21, 2024 (Exhibit 6-A: Formal Removal Notice).

  2. The removal was effective immediately as authorized by the Operating Agreement and Illinois Limited Liability Company Act, 805 ILCS 180/1-1 et seq.

  3. As of October 21, 2024, Petitioner ceased to be a member of ARIBIA LLC and forfeited any membership interest, distribution rights, or claims to ARIBIA LLC assets.

H. Corporate Reorganization Under IT CAN BE LLC

  1. On October 29, 2024, ARIBIA LLC underwent a corporate reorganization whereby IT CAN BE LLC, an Illinois limited liability company formed on [DATE] and wholly owned by me, acquired 100% ownership of ARIBIA LLC (Exhibit 2-D: Amendment to ARIBIA LLC Operating Agreement dated October 29, 2024; Exhibit 6-B: IT CAN BE LLC Articles of Organization).

  2. Purpose of Reorganization: This restructuring was undertaken for the following legitimate business purposes:

    • [SELECT AND CUSTOMIZE: "Estate planning and asset protection purposes"]
    • [SELECT AND CUSTOMIZE: "Operational efficiency and consolidated management"]
    • [SELECT AND CUSTOMIZE: "Separation of personal and business liability"]
    • [OTHER LEGITIMATE BUSINESS REASON]

  3. No Change to Underlying Asset Classification: This corporate reorganization does not affect the separate property classification of the underlying assets. IT CAN BE LLC, like ARIBIA LLC before it, is wholly owned by me and was capitalized entirely with my separate, pre-marital funds. The reorganization merely changed the ownership structure, not the nature of the underlying properties.

  4. Evidence: Exhibit 6-C includes:

    • 6-C-1: IT CAN BE LLC Articles of Organization
    • 6-C-2: IT CAN BE LLC Operating Agreement
    • 6-C-3: Transfer Agreement dated October 29, 2024
    • 6-C-4: Amended ARIBIA LLC Operating Agreement reflecting new ownership
    • 6-C-5: Documentation of IT CAN BE LLC capitalization from separate funds

I. No Commingling of Marital Funds

  1. Property acquisitions and improvements were funded through documented separate sources as detailed in Section VII.C above and supported by complete banking and financial records (Exhibits 3-A through 3-F).

  2. ARIBIA LLC maintained separate bank accounts at [Bank Name] (Account #XXXX-[last 4]) from inception through present, and no deposits were made from joint or marital accounts (Exhibit 3-G: ARIBIA LLC Bank Statements for period [DATE] through [DATE]).

J. Summary of Separate Property Classification

  1. For the reasons stated above, ARIBIA LLC and all properties held thereby constitute my separate, non-marital property under Illinois law because:

    a. ARIBIA LLC was formed prior to marriage;

    b. All capital contributions were sourced from separate, pre-marital assets;

    c. All property acquisitions were funded with traced separate funds;

    d. No marital funds were used for acquisition, improvement, or maintenance;

    e. Petitioner's conditional membership interest was forfeited due to material breach;

    f. Petitioner acknowledged separate ownership through contemporaneous communications; and

    g. The corporate reorganization under IT CAN BE LLC does not alter the separate nature of the underlying assets.

  2. A comprehensive narrative statement providing additional detail regarding ARIBIA LLC formation, funding, operations, and separate property classification is attached as Exhibit 1.

SECTION VIII: VERIFICATION UNDER OATH

I, Nicholas Anthony Bianchi, declare under penalty of perjury under the laws of the State of Illinois that the foregoing is true and correct to the best of my knowledge, information, and belief.

Dated: _____________________, 2024

Signature: _____________________________________ NICHOLAS ANTHONY BIANCHI, Respondent

NOTARY ACKNOWLEDGMENT

STATE OF ILLINOIS COUNTY OF COOK

Subscribed and sworn to (or affirmed) before me on this ______ day of _________________, 2024, by Nicholas Anthony Bianchi, who proved to me on the basis of satisfactory evidence to be the person who appeared before me.

Signature of Notary: _____________________________________

Name (typed or printed): _____________________________________

Notary Public for the State of Illinois My Commission Expires: _____________________________________

[NOTARY SEAL]

EXHIBITS ATTACHED

EXHIBIT 1: Narrative Statement Regarding ARIBIA LLC and Property Ownership (Comprehensive chronological narrative of ARIBIA LLC formation, funding, operations, and separate property basis)

EXHIBIT 2: ARIBIA LLC Formation and Operating Agreement Documents

  • 2-A: Articles of Organization (filed July 15, 2022)
  • 2-B: Original Operating Agreement (dated August 1, 2022)
  • 2-C: Amended Operating Agreement (dated April 22, 2023) [including Petitioner's conditional membership provisions and signature page]
  • 2-D: Amendment to Operating Agreement (dated October 29, 2024) [IT CAN BE LLC acquisition]

EXHIBIT 3: Financial Records Demonstrating Separate Funding

  • 3-A: Fidelity IRA Account Statements (showing pre-marital account history and balance as of December 29, 2022)
  • 3-B: Fidelity IRA Distribution Statement (May 1, 2023 - $114,659.33 withdrawal)
  • 3-C: Pre-Marital Savings Account Statements (showing funds accumulated prior to December 30, 2022)
  • 3-D: Capital Contribution Summary (documenting all contributions to ARIBIA LLC with source of funds)
  • 3-E: Wire Transfer Documentation (Morada Mami purchase - tracing from IRA withdrawal to property acquisition)
  • 3-F: Capital Contribution to ARIBIA LLC (Villa Vista - documenting contribution of loan proceeds)
  • 3-G: ARIBIA LLC Bank Statements (representative months showing no deposits from marital/joint accounts)

EXHIBIT 4: Property Title and Closing Documents

  • 4-A: 550 W Surf Street #211 "City Studio" (July 13, 2022 acquisition)
    • 4-A-1: Warranty Deed
    • 4-A-2: Closing/Settlement Statement
    • 4-A-3: Source of funds documentation
    • 4-A-4: Bank statements showing pre-marital funding
  • 4-B: Morada Mami, Medellín, Colombia (July 6, 2023 acquisition)
    • 4-B-1: Property Title (Escritura)
    • 4-B-2: Purchase Agreement
    • 4-B-3: Written Consent of Members
    • 4-B-4: Complete fund flow from IRA to closing
  • 4-C: 4343 N Clarendon Avenue #1610 "Villa Vista" (June 22, 2024 acquisition)
    • 4-C-1: Warranty Deed
    • 4-C-2: Closing/Settlement Statement
    • 4-C-3: Promissory Note from [Mother's Name]
    • 4-C-4: Loan agreement
    • 4-C-5: Capital contribution documentation
    • 4-C-6: Bank records showing loan and contribution
    • 4-C-7: Repayment history (if applicable)
  • 4-D: 550 W Surf Street #504 "Cozy Castle" (personal property closing documents)
  • 4-E: 541 W Addison Street "Lakeside Loft" (personal property closing documents)

EXHIBIT 5: Communications Between Parties

  • 5-A: Text message conversations ([DATE RANGE]) showing Petitioner's acknowledgment of separate ownership
  • 5-B: WhatsApp conversations ([DATE RANGE])
  • 5-C: Email communications ([DATE RANGE]) (if applicable)

EXHIBIT 6: Member Removal and Corporate Reorganization Records

  • 6-A: Formal Notice of Removal (dated October 21, 2024)
  • 6-B: IT CAN BE LLC Articles of Organization
  • 6-C: Corporate Reorganization Documents (October 29, 2024)
    • 6-C-1: IT CAN BE LLC Articles of Organization
    • 6-C-2: IT CAN BE LLC Operating Agreement
    • 6-C-3: Transfer Agreement
    • 6-C-4: Amended ARIBIA LLC Operating Agreement
    • 6-C-5: IT CAN BE LLC capitalization documentation

EXHIBIT 7: Evidence of Petitioner's Breach of Membership Obligations

  • 7-A: Rent Payment Ledger (showing $17,820 delinquency)
  • 7-B: First Notice of Rent Delinquency ([DATE])
  • 7-C: Second Notice of Rent Delinquency ([DATE])
  • 7-D: Third Notice of Rent Delinquency ([DATE])
  • 7-E: Final Notice of Delinquent Payment (October 24, 2024)
  • 7-F: American Express Business Card Statement (October 9, 2024) showing unauthorized personal charges

END OF FINANCIAL AFFIDAVIT

FILING INSTRUCTIONS

Before filing this affidavit:

  1. ✅ Complete ALL financial information (remove all [AMOUNT] and [DATE] placeholders)
  2. ✅ Fill in personal information (DOB, SSN last 4, contact information)
  3. ✅ Specify exact conditional membership obligations from Operating Agreement Section numbers
  4. ✅ Insert exact quotes and dates from text messages
  5. ✅ Complete Villa Vista funding details (mother's loan specifics)
  6. ✅ Provide legitimate business justification for October 29, 2024 reorganization
  7. ✅ Verify all exhibit sub-references exist and are organized as described
  8. ✅ Have document reviewed by attorney (especially corporate reorganization timing)
  9. ✅ Sign before notary public
  10. ✅ Attach all exhibits in order with tab labels

This affidavit incorporates all ChittyTrace corrections and is ready for completion and filing.