Pre-Conf/Dismissal Judge DAVID JONES, Houston 09/15/2020 … · 2020-07-29 · Plan #18 filed...

Pre-Conf/DismissalJudge DAVID JONES, HoustonWilliam E. Heitkamp, Trustee

August 4, 2020 9:00 am Highlighted = H Claims

Reset Dates:09/15/202010/13/202011/03/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

9:00 am

PASCUAL ALBERTO

RODRIGUEZ - GONZALEZ and

YVETTE GONZALEZ - RODRIGUEZ

$1,225.00 WO

$228.91 19-36411

4 Resets 0.19 Mos 5/26/20$282.69

11/14/19

ACOSTA, ALEX OCONFIRMATION HEARING TRUSTEE'S MOTION TO DISMISS #43 FILED 2/11/2020 AMENDED TRUSTEE'S MOTION TO DISMISS #62 FILED 5/27/20

Trustee alleges Schedule I is inaccurate.

Trustee alleges Debtor’s Official Form 122C is incorrect, thus the plan fails to meet the requirements of 1325(b).

Debtor has failed to provide Trustee with proof of income for the full 6 months prior to filing to substantiate Debtor's schedule I and Official Form 122C.

Trustee does not recommend confirmation

8 of 60

ALFRED DAVID OWEN, III and DIANE FIONA

OWEN,$2,585.00

EFT

$0.00 20-32409

1 Reset 0.00 Mos 7/1/20

$2,350.004/30/20

AGUINAGA, JESSECONFIRMATION HEARINGPlan #62 filed on 7/24/2020 works, paying 4.402% to the general unsecured

creditors.

Recommend confirmation of the plan filed 7/24/2020 doc. #623 of 60

WILLIAM RAY BRACK and LARISA

MARIA BUTLER$3,790.00

WO

$2,769.60 20-32576

0 Resets 0.73 Mos 7/23/20$437.30

5/11/20

AGUINAGA, JESSECONFIRMATION HEARINGTRUSTEE'S MOTION TO DISMISS #39 FILED 7/7/2020

Debtors' Response to Trustee's Motion to Dismiss was filed 7/10/2020 at docket #42 stating Debtors do not oppose Trustee's Motion and ask the case be

dismissed without prejudice to refiling.

Objection to Confirmation #41 filed 7/10/2020 by US Bank/NewRez LLC -- Plan #21 filed 5/25/2020 fails to provide for treatment of secured claim #16 filed

7/1/2020 by US Bank in the amount of $12,346.03 for a lien against real property located at 1317 Lamar Avenue, Liberty, TX.

Plan fails to properly provide for claim #6 filed 6/1/2020 by Fifth Third Bank for Debtors' homestead located at 3406 Brooks St. (Arrears per POC: $12,109.13; Plan: $11,976.89. Ongoing payments per POC: $1,248.54; Plan: over-provides

payments of $1,278.18).

Trustee Rcmds Dismissal

2 of 60

Printed Wednesday, July 29, 2020 @ 11:03 amHrg_List_Matter_Judge_DAVID JONES_all_5-2018 of 30



Reset Dates:09/15/202010/13/202011/03/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

JESSICA MICHEAUX

$450.00 WO

$1,834.61 20-31188

3 Resets 4.08 Mos 5/18/20$103.85

2/21/20

BAIR, THOMAS ECONFIRMATION HEARING TRUSTEE'S MOTION TO DISMISS #22 FILED 4/14/20

Debtor is 4 payments delinquent through July totaling $1,834.61. Debtor's wage order has not started paying.

Plan #2 filed 2/21/2020 fails to provide for the secured claim filed by Conn's in the amount of $5,320.65.

Debtor has failed to provide Trustee with proof of income for the $875 in sister's constribution.

Trustee alleges schedule I is inaccurate. Per testimony at the meeting of creditors held on 4/23/2020, Debtor is no longer working due to health issues and is

currently seeking unemployment. Schedule I has not been amended to reflect.

Trustee recommends dismissal

5 of 60

ANGEL JAVIER and BETHANY FAITH SILVA-GOMEZ

$2,400.00 No Pmt info

$0.00 20-32672

0 Resets 0.00 Mos 7/16/20

$2,400.005/18/20

BAIR, THOMAS ECONFIRMATION HEARING MOTION TO DISMISS FILED 07/07/2020, DOC. #21

Debtors have failed to file a wage deduction order.

Trustee alleges Debtors' schedules are inaccurate as they fail to disclose the security deposit paid on the residential lease, as well as list the executory

contract.

Trustee alleges the Statement of Financial Affairs is inaccurate as paragraph #4/#5 are incomplete.

Schedule J, doc. #17 reflects an inability to fund the plan; disposable income is $1,783.27 while plan payment is $2,400.

Plan #18 filed 07/02/2020 fails to provide any treatment for Peritus Portfolio Services claim #26 on a 2011 Dodge Durango. (Claim: $19,746.06; Plan: $0).

IRS claim #5 filed 05/29/2020 reflects Debtors has not filed a tax return for the year 2019. Trustee has received an unsigned copy of the tax return for Debtor

reflecting a liability of $5,001 and an unsigned copy of Joint Debtors return reflecting a refund of $3,014.

Trustee does not recommend confirmation.

2 of 60




Reset Dates:09/15/202010/13/202011/03/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

Debtor has failed to provide proof to substantiate the amounts paid to DSO creditor Jennifer Kite; creditor has not filed a claim and Trustee must disburse per the plan.

Additionally, Plan fails to provide any interest on the DSO claim.

Debtors have failed to file the Certificate of Service required by FRBP 3015(d) and Local Rule 2002.

NICOLE HARNESS$2,960.00EFT WO

$7,430.01 19-35108

4 Resets 2.51 Mos 7/24/20$369.23

9/10/19

BAKER, REESE WCONFIRMATION HEARINGTRUSTEE'S MOTION TO DISMISS #27 FILED 11/5/2019AMENDED MOTION TO DISMISS #37 FILED 1/13/2020

Debtor is over 2.5 payments delinquent through 7/10/2020 totaling $7,430.01.

Objection to Confirmation #29 filed 11/26/2019 by Nationstar Mortgage -- Plan #2 filed 9/10/2019 fails to fully provide for amended claim #4 of Nationstar

Mortgage/Mr. Cooper (Arrears per POC: $25,779.69; Plan: $16,174.12. Ongoing payments per POC: $2,158.99; Plan: $2,139.36).

Objection to Confirmation #24 filed 10/21/2019 by Capital One Auto Finance -- Objection asserts a collateral value of $17,275.00 and interest rate of 6.00% for

the 2015 Lincoln MKC. Plan is paying a collateral value of $14,400.00 with interest at 5.50%.


10 of 60

GARY ROWE, SR and LANA ROWE

$1,210.00 WO

$605.00 19-36532

4 Resets 0.50 Mos 7/17/20$605.00

11/22/19

BAKER, REESE WCONFIRMATION HEARINGPlan #33 filed on 1/31/2020 works, paying 72.346% to the general unsecured

creditors.

Objection to Confirmation of Plan #37 by Bank of the West filed 2/28/2020.

Adversary #20-03055 filed by Bank of the West is pending. Third Motion to Abate filed on 7/15/20 requesting an extension of time to 8/15/20.


8 of 60

BERTHA VILLAFRANCA

$2,275.00 WO

$233.38 20-31488

2 Resets 0.10 Mos 7/27/20

$1,020.003/2/20

BAKER, REESE WCONFIRMATION HEARINGTRUSTEE'S MOTION TO DISMISS #31 FILED 5/5/2020

IRS claim #2 filed 3/27/2020 shows an unfiled tax return for the year 2019 and estimates a priority claim amount of $2,854.33. Trustee received an unsigned

copy of this return on 6/1/2020, which reflects a liability of $213.00. Plan #41 filed 6/30/2020 provides $213.00 priority amount for the IRS in paragraph #6. IRS claim

Trustee Does Not Rcmd Confirmation

4 of 60




Reset Dates:09/15/202010/13/202011/03/2020


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Case Disposition

Attorney

9:00 am

has not been amended to reflect the 2019 return as filed.

Debtor's Objection to Claim #2 of the IRS was filed 6/19/2020 at docket #40 stating Debtor sent the 2019 tax return by first class mail to the IRS on 4/16/2020

-- a hearing is set for 7/29/2020 at 2:00 pm.

JENNIFER MUEHLEBACH


($350.00)20-31564

1 Reset -0.19 Mos 7/6/20

$1,950.003/3/20


Plan #22 filed 4/17/2020 fails to provide for treatment of amended priority claim #3 filed 5/1/2020 by the IRS in the amount of $10,990.69.

Plan fails to properly provide for claim #6 of City Bank (Arrears per POC: $17,592.23; Plan: $14,998.57. Ongoing payments per POC: $2,018.37; Plan:

over-provides payments of $2,024.07 for month 1 and months 6-60).

Paragraph #10 of the Plan is incomplete as Contract Interest Rate has not been provided on the Toyota Financial Services claim.

Debtor has failed to provide Trustee with proof of income from family support payments -- $700.00/mo. per Schedule I.


4 of 60

STACY GILLENWATER

$2,230.00EFT

$1,115.00 20-31937

1 Reset 0.50 Mos 7/8/20

$1,115.003/26/20


Plan #33 filed 6/17/2020 fails to provide for treatment of secured claim #12 filed 5/29/2020 by Wells Fargo in the amount of $25,466.81 for items purchased from

David Gardners Jewelers.

Debtor's Objection to Claim #12 of Wells Fargo was filed 7/1/2020 at doc #36 -- a hearing is set for 8/5/2020 at 2:00 pm.


4 of 36

ALFONSO RODRIGUEZ, III


$1,200.00 20-32385

1 Reset 0.60 Mos 7/8/20

$2,800.004/30/20

BAKER, REESE WCONFIRMATION HEARINGMOTION TO DISMISS

FILED 6/4/2020, DOC #31The filing fees for this case have not been paid. An Order granting Application to

Pay Filing Fees in Installments was entered on 5/13/2020.

Debtor is delinquent .6 payments through June 30, 2020 totaling $1200.00.


3 of 60




Reset Dates:09/15/202010/13/202011/03/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

Debtor has failed to provide Trustee with proof of income to substantiate the income amounts listed on Schedule I and Debtor’s Official Form 122C.

Debtor has failed to file a wage deduction order or EFT/ACH authorization with the Court.

Plan #25 filed 5/27/2020 works, paying 19.892% to the general unsecured creditors, however Trustee alleges the plan fails to provide all Debtor's disposable

income into the plan.

Objection to Confirmation of Plan #27 by Ford Motor Credit.

NANCY ARGUETA$1,970.00

EFT

$0.00 20-32904

0 Resets 0.00 Mos 7/8/20

$1,970.006/1/20

BAKER, REESE WCONFIRMATION HEARINGMOTION TO DISMISS

FILED 7/2/2020, DOC #14AMENDED MOTION TO DISMISS

FILED 7/27/2020, DOC #25IRS claim #5 filed 7/2/2020 shows an unfiled tax return for the year 2018 and 2019 and estimates a $1744.35 priority liability claim. Trustee has not received a copy of the returns. Plan #18 filed on 7/6/2020 does not provide any treatment for the

IRS.

Trustee alleges the plan is not feasible. Trustee has not received proof of income.

Debtor failed to comply with BLR 3015-1(b) requiring Debtor to timely provide information required by the Chapter 13 Trustee’s Home Mortgage Payment

Procedures.

Plan proposes to credit the entire escrowed mortgage payment towards principal and interest in Paragraph 8.

Plan incorrectly provides for an Emergency Savings Fund in Paragraph #16 as a Special Class of Unsecured Creditor.


1 of 60




Reset Dates:09/15/202010/13/202011/03/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

SHIMIRA BROWN$240.70

WO

$481.40 20-32677

0 Resets 2.00 Mos 1/1/00$0.00

5/18/20

BELT-SPENCER, RANDALL MARIE

CONFIRMATION HEARING MOTION TO DISMISS FILED 07/07/2020, DOC. #38

Debtor is delinquent 2 payments through July totaling $481.40.

Debtor filed an application to pay the filing fee in installments at doc. #1, no payments have been received.

Debtor has failed to appear at her telephonic First Meeting of Creditors as well as the reset First Meeting of Creditors.

Debtor has failed to file proof of attendance at an approved credit counseling course before the petition date.

Debtor has failed to provide a copy of her 2019 tax return.

Plan #43 filed 07/14/2020 is not feasible.

Plan fails to list the applicable commitment period.

Trustee alleges Debtor is not contributing all disposable income into the plan.

Debtor has failed to file the Certificate of Service required by FRBP 3015(d) and Local Rule 2002.

Trustee recommends dismissal.

2 of 60

REBECCA ANN BRINKLEY

$600.00EFT

$250.00 19-36055

5 Resets 0.42 Mos 7/14/20

$2,250.0010/31/19

BLACK, J THOMASCONFIRMATION HEARINGPlan #40 filed 3/27/2020 works, paying 10.95% to the general unsecured creditors.

Trustee requests a C3 Confirmation Order for pending lawsuits.

Trustee Rcmds Confirmation of Plan #40 filed 3/27/2020

**C3 Confirmation Order for Non-Exempt Judgment Proceeds

9 of 36




Reset Dates:09/15/202010/13/202011/03/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

YULIN WENG$100.00

EFT

$100.00 20-31112

3 Resets 1.00 Mos 7/8/20

$100.002/17/20

CHEUNG, WAI PINGCONFIRMATION HEARINGPlan #55 filed on 7/8/2020 works, paying 0.904% to the general unsecured

creditors.


ARNEATHA RYAN WRIGHT$3,700.00

WO

$17,000.00 20-30875

3 Resets 4.59 Mos 7/9/20

$750.002/3/20

DAVIS-SMITH, SHELLY M

CONFIRMATION HEARINGMOTION TO DISMISS

FILED 3/6/2020, DOC #17Trustee alleges that the plan is not feasible as Debtor has never been current in the 5 months that plan payments have come due. Further, Debtor is delinquent

nearly 4.5 payments through 7/4/2020 totaling $17,000.00.

IRS claim #8 filed 6/3/2020 shows an unfiled tax return for the year 2018 and 2019 and estimates a $61,040.06 priority liability claim. Trustee has not received a

copy of the returns. Plan #11 filed on 2/17/2020 provides $32,260.11 for the IRS.

Plan provides for $4000.00 in attorney’s fees. Fixed fee agreement filed on 2/17/20 at #13 shows $4000.00 plus a reimbursement for the $310.00 filing fee for

a total of $4310.00.

Plan fails to properly provide for the claim of US Bank Home Mortgage (Arrears per POC: $18,354.74, Plan $18,885.22. Ongoing payments per POC $1836.08; Plan:

$1880.00).

Plan fails to list the complete principal residence address (City, State, Zip Code) in paragraph #8.

Plan does not provide for the notice of post-petition fee claim of U.S. Bank National Assoc. in the amount of $200.00 for Proof of Claim fees.

Plan proposes to pay Cambridge Falls HOA in Paragraph 11 despite being secured solely by the principal residence. Further, plan fails to provide a interest

rate on the claim.

Plan proposes to provide for treatment of American Honda’s claim in Paragraph


5 of 60




Reset Dates:09/15/202010/13/202011/03/2020


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Case Disposition

Attorney

9:00 am

#11 despite the 2018 Honda CRV having been purchased within 910 days of the petition date. Further, plan fails to provide a interest rate on the claim. Objection to

Confirmation of Plan #15 by American Honda Finance Corporation on 2/28/20.

Trustee alleges paragraph #16 of the plan is incomplete as it fails to describe treatment or reason for special classification to AES/Nct and AES/Pnc Bank.

Trustee alleges that Plan fails provide all of Debtor's disposable income into the plan.

DON L HOOKS, JR and CHARLOTTE

HOOKS$1,323.50

WO

$0.00 20-32821

0 Resets 0.00 Mos 7/14/20$996.92

5/29/20

DEAL, RICK JCONFIRMATION HEARING AND TRUSTEE'S OBJECTION TO CONFIRMATION AND MOTION TO DISMISS FILED 7/7/2020, #36. AMENDED TRUSTEE'S

OBJECTION TO CONFIRMATION AND MOTION TO DISMISS FILED 7/27/2020, #40.

Plan #38 filed 7/16/2020 is proposing to pay the claim of Guardian Mortgage direct in paragraph 10. Creditor filed their proof of claim #6 on 7/23/2020 which shows

arrears of $6,164.41, which includes $4,102.63 in principal and interest payments. Trustee alleges that given the default, the claim should be provided for through the

plan.

Debtor's Plan must remain 100% per the form 122C requirement of $96,181.80. Bar date is 8/7/2020. If confirmed, Trustee requests a C4 Confirmation Order.


2 of 60

TINA BEAL$2,500.00

WO

($1,250.00)20-32083

1 Reset -0.50 Mos 7/21/20

$1,250.004/6/20

Dove, Ryan JCONFIRMATION HEARINGPlan #28 filed on 6/17/2020 works at 100% to all creditors. Plan must remain

100% per Debtor’s Official Form 122C requirement. Trustee requests a C4 Confirmation Order for 100% Plans because the plan provides for less than the full

5 year applicable commitment period.

Recommend confirmation of the plan filed 6/17/2020 doc. #28

C4 - Confirmation Order for 100% Plans

3 of 41

BARBARA ANN JOHNSON$3,500.00

EFT

$3,500.00 19-35525

3 Resets 1.00 Mos 7/10/20

$3,500.009/30/19

FERGUSON, JAMES T

CONFIRMATION HEARINGTRUSTEE'S MOTION TO DISMISS #29 FILED 12/9/2019

Debtor is delinquent 1 payment through June 2020 totaling $3,500.00, with next payment due 7/30/2020.

Plan #45 filed 6/1/2020 works, paying 2.15% to the general unsecured creditors.


10 of 60




Reset Dates:09/15/202010/13/202011/03/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

Trustee alleges the Plan is not feasible pursuant to 1325(a)(6). Debtor's Schedules I and J reflect current monthly net income of only $3,510.64, but plan

payments increase to $5,600.00 in month 13 (Oct 2020).

Debtor has failed to provide Trustee with proof of income from social security and disability per Schedule I.

JOHNNY THOMPSON JR

$250.00 WO

$250.00 20-30294

3 Resets 1.00 Mos 7/7/20

$500.001/17/20

FERGUSON, JAMES T

CONFIRMATION HEARINGTRUSTEE'S MOTION TO DISMISS #22 FILED 2/20/2020AMENDED MOTION TO DISMISS #40 FILED 4/14/2020

Amended IRS claim #1 filed 5/4/2020 shows unfiled tax returns for the years 2016, 2017 and 2018; it reflects a priority claim amount of $958.51. Trustee has not received copies of these returns. Plan #2 filed 1/17/2020 fails to provide any

treatment for the IRS.


6 of 60

CALVIN and SHEILA CROSS$475.00

WO

$649.98 20-32328

1 Reset 1.37 Mos 7/29/20$300.00

4/27/20

FERGUSON, JAMES T

CONFIRMATION HEARING AND TRUSTEE'S OBJECTION TO CONFIRMATION AND MOTION TO DISMISS FILED 6/8/2020, #25.

Debtor is delinquent 1.1 payments through July totaling $649.98.

Paragraph 10 of the Plan is incorrect as the Contract Interest Rate for the Planters claim is listed at 0%. The Contract attached to the creditor's proof of

claim shows an interest rate of 4.43%.

Plan #28 proposes to pay the mortgage claim of Planter's Bank direct in paragraph 10. Creditor filed their proof of claim #6 on 5/14/2020 showing a total claim amount

of $58,030.88 with a maturity date of 7/10/2020 and a balloon payment of all remaining principal and interest due. Trustee has not received proof that the

balloon payment has been made or how the payment will be made.

Debtor has failed to provide Trustee with proof rental income in the amount of $650.

Debtor has failed to provide Trustee with a copy of their 2019 tax return.

Response to the Trustee's Motion to Dismiss filed on 7/6/2020 at docket #30.


3 of 60




Reset Dates:09/15/202010/13/202011/03/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

VALENCIA DANITA CRAWFORD

$1,600.00 WO

$800.00 20-32900

0 Resets 0.50 Mos 7/2/20

$800.006/1/20

FERGUSON, JAMES T


Plan #41 filed 7/28/2020 is providing for the secured claim of Hollywood Village HOA in paragraph 11 despite the claim being secured by the Debtor's principal

residence. Debtor has not provided proof of this debt. Creditor has yet to file their proof of claim and Trustee will be required to pay per the plan.

Plan #41 filed 7/28/2020 will otherwise work, paying 14.006% to the general unsecured creditors.

Debtor filed their Response to the Trustee's Motion to Dismiss on 7/28/2020 at docket #40.


1 of 60

10:00 am

CRAIG ALLEN GRAHAM$3,415.00

EFT

($545.00)19-35906

5 Resets -0.16 Mos 7/22/20

$3,415.0010/23/19

GALLEVO, MICHAELCONFIRMATION HEARING TRUSTEE'S MOTION TO DISMISS #28 FILED 12/10/19

IRS claim #3 filed 11/12/2019 reflects Debtor has not filed a tax return for the year 2018. Trustee has received a copy of the tax return ($1,498 stated liability).

Based on NADA value ($21,350) as required by Order #7, the Plan does not provide sufficient adequate protection to Ally Financial.

Plan #54 filed 5/6/2020 is over-providing for the amended claim filed by the Texas Comptroller of Public Accounts (Plan:$12,031.98 POC:$8,339.16).

Debtor is proposing to pay Bridgecrest Credit Company directly for a claim with an excessive contractual interest rate of 17.73% at the expense of general unsecured

creditors and/or the emergency savings plan.


9 of 60

GEORGIA L VILLARREAL

$1,725.00EFT

$0.00 20-32893

0 Resets 0.00 Mos 7/9/20

$1,725.006/1/20

GUERRA, RICARDOCONFIRMATION HEARINGMOTION TO DISMISS

FILED 7/2/2020, DOC #18Debtor failed to appear at the Meeting of Creditors held on 7/8/2020 or the reset

meeting held on 7/22/2020. Meeting is reset to 7/29/2020.

Plan #22 filed on 7/20/2020 works, paying 6.070% to the general unsecured creditors.


1 of 60




Reset Dates:09/15/202010/13/202011/03/2020


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Debtor(s)

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Case #

Last Rcpt


Case Disposition

Attorney

10:00 am

Trustee alleges Schedule B is inaccurate and thus the plan may not meet the liquidation test.

NOE ORTEGA$625.00

WO

($92.28)19-35214

7 Resets -0.15 Mos 7/27/20$288.46

9/16/19

GUZMAN, ELOISE ACONFIRMATION HEARING TRUSTEE'S MOTION TO DISMISS #31 FILED 12/10/19

Plan #54 filed 5/12/2020 is proposing to pay the ongoing mortgage direct in paragraph 10. MidFirst Bank filed proof of claim #2 on 11/14/2019 showing arrears of $1,147.78, which includes $651.78 in principal and interest. Creditor and Debtor entered into agreement to pay loan directly. Trustee alleges that given the default,

the entire claim should be paid through the plan and was not a party to the agreement. Hearing had been reset for Debtor to obtain a stipulation that mortgage

was current.


10 of 36

ALDO FUENTES$210.00

WO

$1,260.00 20-30720

2 Resets 6.00 Mos 1/1/00$0.00

1/29/20

GUZMAN, ELOISE ACONFIRMATION HEARINGMOTION TO DISMISS FILED 03/06/2020, DOC. #32

Debtor is delinquent 6 payments through July totaling $1,260. Debtor has not made any payments.

Trustee alleges that the plan is not feasible as Debtor has demonstrated an inability to fund the plan. Plan was amended to lower the Debtor's payments from

$970 to $210 for months 1-7 to bring them current. Debtor has not made a payment, and the new plan payment increases to $1,040 beginning September

2020.

Plan #45 filed 07/21/2020 works, paying 72.22% to general unsecured creditors.

Trustee recommends dismissal.

6 of 60

CARLOS ALFREDO and MARISOL ESMERALDA QUINTEROS

$4,055.00EFT

$4,360.00 20-31377

3 Resets 1.08 Mos 7/8/20

$1,500.002/28/20

GUZMAN, ELOISE ACONFIRMATION HEARINGTRUSTEE'S MOTION TO DISMISS #23 FILED 4/9/2020

Debtors are almost 1.5 payments delinquent through June 2020 totaling $4,360.00, with next payment due 7/29/2020.



5 of 60




Reset Dates:09/15/202010/13/202011/03/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

10:00 am

MARCUS C. CHUKWU$2,285.00

EFT

$0.00 20-31495

2 Resets 0.00 Mos 7/27/20

$2,285.003/2/20

GUZMAN, ELOISE ACONFIRMATION HEARINGPlan #45 filed on 7/2/2020 works, paying 100% to the general unsecured creditors.


ELIZABETH YVONNE RANDALL

$2,200.00EFT

($2,200.00)20-31831

1 Reset -1.00 Mos 4/17/20

$2,000.003/19/20

GUZMAN, ELOISE ACONFIRMATION HEARINGPlan #48 filed on 7/13/2020 works, paying 2.813% to the general unsecured

creditors.


IDA ANN PASILLAS$2,300.00

EFT

($200.00)20-32874

0 Resets -0.09 Mos 6/23/20

$2,500.006/1/20

GUZMAN, ELOISE ACONFIRMATION HEARINGMOTION TO DISMISS

FILED 7/2/2020, DOC #32Meeting of Creditors is not concluded and is pending a reset on 8/26/20.

Plan #39 filed 7/22/2020 works, paying 8.562% to the general unsecured creditors. However, Trustee alleges Plan fails to provide all of Debtor's disposable income

into the Plan.



1 of 60

ROSIE EVELYN MAYES

$1,190.00EFT

($1,190.00)20-32865

0 Resets -1.00 Mos 7/17/20

$1,190.005/31/20

HALACHIAN-KRITZER, ELENA


FILED 6/29/2020, DOC #27Plan #2 filed on 5/31/20 fails to fully provide for the claim of Select Portfolio

Servicing, Inc. (Arrears per POC: $11,797.43, Plan $8500.00. Ongoing payments per POC $960.92; Plan: $886.67).

Objection to Confirmation of Plan #29 by SPS filed 7/27/20.

Based on the pro-rata treatment to Southwest Financial, the Plan fails to provide sufficient adequate protection on the vehicle.


2 of 60




Reset Dates:09/15/202010/13/202011/03/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

10:00 am

MELVIN WAYNE and CHERIE

DAESCHNER GROTHE$4,000.00

EFT

($600.00)19-37067

3 Resets -0.15 Mos 7/6/20

$2,400.0012/30/19

HARDWICK, MICHAEL L


AMENDED MOTION TO DISMISS #86 FILED 6/9/2020Plan filed 7/7/2020 #88 currently pays 100%.

Objection to Confirmation #74 filed 5/21/2020 by Billy and Mary Bilbro still pending.


7 of 60

JOHN GERARD and CYNTHIA ANN

MECHURA$1,760.00

WO

($880.00)20-32017

1 Reset -0.50 Mos 7/20/20$880.00

3/31/20

HARDWICK, MICHAEL L

CONFIRMATION HEARINGPlan #29 filed 7/6/2020 works, paying 11.92% to the general unsecured creditors.

Trustee Rcmds Confirmation of Plan #29 filed 7/6/20204 of 60

ADRIAN DE LA VEGA

$346.72EFT

($122.80)20-31712

2 Resets -0.35 Mos 7/13/20$134.68

3/12/20

HYDE, JACOB BRUCE


Amended claim #9 filed 6/4/2020 by the IRS reflects a Right to Setoff in the amount of $29.00 and a priority claim amount of $6,081.25. Plan #30 filed

7/6/2020 fails to provide for treatment of the setoff claim in paragraph #7 and provides $6,100.25 priority amount in paragraph #6 to be paid at 1.00% interest.

Plan fails to comply with 1322(b)(10) as it provides interest on the IRS priority claim in paragraph #6 without paying all allowed claims in full.


4 of 36

RUBEN ENRIQUE MORA JR$900.00

EFT

$1,900.00 19-35923

7 Resets 2.11 Mos 7/8/20

$1,100.0010/24/19

JONES III, NELSON MCONFIRMATION HEARINGTRUSTEE'S MOTION TO DISMISS #34 FILED 12/9/2019

Debtor is over 2 payments delinquent through 7/23/2020 totaling $1,900.00.


Trustee alleges the Plan is not feasible pursuant to 1325(a)(6). Debtor's Schedules I and J reflect current monthly net income of only $900.77, but plan

payments increase to $1,700.00 in month 13 (Nov 2020).

Amended IRS claim #6 filed 12/17/2019 shows unfiled tax returns for the years 2016 and 2017; it estimates a priority claim amount of $548.76. Trustee received

unsigned copies of these tax returns on 7/6/2020 (2016 reflects a refund of


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Attorney

10:00 am

$4,762.00; 2017 reflects a refund of $6,147.00). Plan provides for the full priority claim of $548.76 in paragraph #6. IRS claim has not been amended to reflect the

2016 and 2017 returns as filed.

RICHARD E. BROWN$1,000.00

EFT

$1,000.00 19-36665

2 Resets 1.00 Mos 7/23/20

$1,000.0012/2/19

JONES III, THOMAS FREDERICK



FILED 2/21/2020, DOC #32Trustee alleges the Debtor is not eligible for relief under Chapter 13 because the

debts exceed the limits set by 11 U.S.C. 109(e).

Trustee alleges the plan is not feasible.

Plan #22 filed on 1/9/2020 does not fully provide for secured claim #6 filed on 2/7/20 by First Colony CSA (POC $21,106.40, Plan $20,000.00).

Plan fails to provide treatment for secured claim #7 filed on 2/10/2020 by PHH Mortgage Services for the amount of $1,296,662.92.

Plan fails to list the complete principal residence address (City, State, Zip Code) in paragraph #8.

Objection to Confirmation #28 filed on 1/23/20 by the Bank of New York Mellon.

Debtor's Objection to Claim #41 of Bank of New York Mellon filed 3/9/2020.

AP Case (20-30504) pending against The Bank of New York Mellon re: Validity, priority or extent of lien or other interest in property. Status Conference set 7/29/20

@ 3:30 pm.


7 of 49

TYNISHA HUTCHINSON

$980.00 WO

$194.29 20-31894

2 Resets 0.20 Mos 7/17/20$443.54

3/23/20

KEELE, DANIEL CCONFIRMATION HEARINGTRUSTEE'S MOTION TO DISMISS #38 FILED 5/5/2020


Plan fails to specify the mortgage creditor (Vanderbilt Mortgage) in paragraph #8.


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# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

10:00 am

PETER DEGARMO WANSER$2,025.00

ACH

($1,625.00)19-34974

5 Resets -0.80 Mos 7/23/20

$2,025.009/2/19

KEELING, KENNETH A

CONFIRMATION HEARING TRUSTEE'S MOTION TO DISMISS #30 FILED 11/5/19

Plan #33 filed on 12/2/2019 fails to fully provide for the claim of PHH Mortgage Corporation (Ongoing payments per POC $1,509.14; Plan: $1,067.85).

Motion to Determine Mortgage Payment filed 5/12/2020 at docket #51 has been rescheduled for 8/27/2020 at 11:00 AM.

Debtor's response to the Trustee's Motion to Dismiss filed 11/27/2019 at docket #32.


10 of 60

RONALD JERRY RENDON, JR.

$3,500.00EFT WO

$2,576.92 19-35432

4 Resets 0.74 Mos 6/18/20$923.08

9/28/19

KEELING, KENNETH A


Plan #66 filed 5/5/2020 is proposing a plan payment of $0 for months 7-9. Trustee argues Debtor may not propose a plan payment of $0 in a chapter 13 plan.

Trustee argues that Schedule I is inaccurate.


Debtor has a potential claim of $100,000 listed for personal injury claim. $61,953 is listed as non-exempt. If confirmed, Trustee requests a C3 Confirmation Order for

the non-exempt proceeds.


10 of 58

LAURA DIANE STEWARD$1,280.00

WO

$0.00 19-36566

4 Resets 0.00 Mos 7/22/20

$1,280.0011/26/19

KEELING, KENNETH A

CONFIRMATION HEARINGPlan #64 filed 7/28/2020 works at 100% to all creditors. Plan must remain 100%

due to liquidation requirement. Trustee requests a C4 Confirmation Order for 100% Plans.

Trustee Rcmds Confirmation of Plan #64 filed 7/28/2020

**C4 Confirmation Order for 100% Plans

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Case #

Last Rcpt


Case Disposition

Attorney

10:00 am

CHARLES LAWRENCE LANE

$3,925.00 WO

$4,983.10 19-36698

2 Resets 1.27 Mos 5/8/20

$1,786.1512/2/19

KEELING, KENNETH A


Debtor is delinquent 1.2 payments through July totaling $4,983.10 with next payment due on 8/2.

Based on the pro-rata treatment to Integrity Texas Funding, the Plan fails to provide sufficient adequate protection on the vehicle.

Plan #47 filed 3/4/2020 fails to fully provide for the ongoing mortgage payment of US Bank per the Notice of Mortgage Payment change filed 4/5/2020 at docket #56

(Ongoing effective 5/1 per Notice:$1,290.62 Plan:$1,276.53).

Trustee alleges Schedule I is inaccurate as it includes income for the non-filing spouse. Per testimony at the meeting of creditors held on 1/15/2020, the Non-filing

spouse moved out and her income was no longer a part of the household.


7 of 60

KIRLEW HAZZIA MATTHIE$2,680.00EFT WO

$1,340.00 20-30851

3 Resets 0.50 Mos 7/21/20

$1,340.002/3/20

KEELING, KENNETH A


Objection to Confirmation filed by Chase Bank at docket #41.

Debtor filed their response to the Trustee's Motion to Dismiss at docket #31.

Debtor's Plan #57 filed 7/6/2020 must remain 100% per the non-exempt property of $84,405.31. If Confirmed Trustee requests a C4 Confirmation Order.


5 of 60

TAWANNA THOMPSON CHARGOIS$3,350.00

WO

($466.36)20-32081

1 Reset -0.14 Mos 7/28/20$787.50

4/6/20

KEELING, KENNETH A

CONFIRMATION HEARINGObjection to Confirmation filed by Carvana (2015 BMW 3 Series) on 4/20/2020 at

docket #25. Creditor objects to the plan interest rate of 1.25%. Amended Plan #53 is now providing 3.44% interest. Objection is still pending.


Debtor filed their Response to the Trustee's Motion to Dismiss filed 6/24/2020 at docket #37.

Recommend confirmation of the plan filed 07/13/2020, doc. #53 IF the Objection by Carvana is withdrawn.

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Attorney

10:00 am

CHRISSI ANN CORONADO

$2,250.00 WO

$269.18 20-32178

1 Reset 0.12 Mos 7/15/20

$1,038.474/16/20

KEELING, KENNETH A


FILED 5/12/2020, DOC #29Plan #37 filed on 6/30/2020 fails to provide all of Debtors disposable income into

the plan.

Debtor failed to provide proof to substantiate the amounts paid to Memorial Credit Union or Clayton Park HOA through the Plan. Creditors' have not filed claims and

Trustee must disburse according to plan.


3 of 60

DANDRA SHANA WILLIAMS$2,425.00

WO

($290.00)20-32732

0 Resets -0.12 Mos 7/27/20

$1,285.005/22/20

KEELING, KENNETH A



Debtor has failed to provide Trustee with proof of income from family contribution -- $750.00/mo. per Schedule I.

Debtor's Response to Trustee's Motion to Dismiss was filed 7/28/2020 at docket #28.


2 of 60

LEE VERNON NELSON, JR and

LEE SPRINGFIELD NELSON$2,545.00

WO

($2,349.24)20-32895

0 Resets -0.92 Mos 7/28/20

$1,174.626/1/20

KEELING, KENNETH A


IRS claim #2 filed 6/15/2020 shows an unfiled tax return for the year 2019 and reflects a priority claim amount of $9,728.66. Trustee received an unsigned copy of this return on 7/28/2020, which shows a refund of $1,170 for the Debtor. Plan #24

filed 6/15/2020 fails to provide any treatment for the IRS.

Plan #24 filed on 6/15/2020 fails to fully provide for the claim of PHH Mortgage (Arrears per POC: $30,894.12, Plan $26,572.18. Ongoing payments per POC $1,572.28; Plan: $1,449). Amended Objection to Confirmation filed by PHH

Mortgage on 7/15/2020 at docket #35.

Plan proposes to provide for treatment of Conns' claim in Paragraph #11 despite the collateral having been purchased within 1 year of the petition date.

Trustee alleges Debtor's schedule I is inaccurate as it lists payment of a retirement loan in the amount of $877.78. Debtor testified at the meeting of


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10:00 am

creditors that this loan has been paid off.

Debtor filed their response to the Trustee's Motion to Dismiss on 7/28/2020 at docket #36 stating they intend to file an amended plan and schedules prior to the

hearing.

DOLORES O BUENO$800.00

EFT

($550.00)20-31728

1 Reset -0.69 Mos 7/22/20$800.00

3/12/20

KIM, MIN GYUCONFIRMATION HEARINGMOTION TO DISMISS

FILED 4/17/2020, DOC #19Plan #38 filed on 6/30/2020 works, paying 5.850% to the general unsecured

creditors.

Objection to Confirmation of Plan #22 by Wilmington Savings Fund.

Recommend confirmation of the plan filed 6/30/2020 doc. #38 if objection is withdrawn.

4 of 36

JERROD D. RICHTER$1,850.00

WO

$3,379.72 20-30797

4 Resets 1.83 Mos 6/22/20$270.17

1/31/20

LUSKY, BENJAMINCONFIRMATION HEARING TRUSTEE'S MOTION TO DISMISS #27 FILED 3/10/20

Debtor is delinquent 1.8 payments through July totaling $3,379.72 with next payment due 8/1. Debtor's wage order is paying.

Per the courtroom minutes from the hearing held on 7/7/2020, the Debtor is to be present at the next hearing date or case will be dismissed.

Plan #47 filed 5/27/2020 will work, paying 25.559% to the general unsecured creditors.


6 of 60

11:00 am

DAYNE ELLIS ROBINS

$2,855.00 WO

$2,854.00 20-32720

0 Resets 1.00 Mos 7/22/20

$2,856.005/21/20

MORRISON, CHRISTOPHER



SHERMICA R. STUCKEY$2,565.00

EFT

$0.00 20-32885

0 Resets 0.00 Mos 7/6/20

$2,565.006/1/20

MORRISON, CHRISTOPHER


Recommend confirmation of the plan filed 07/23/2020, doc. #35.

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Case Disposition

Attorney

11:00 am

PAMELA SANCHEZ$4,270.00

EFT

$8,538.00 20-32093

1 Reset 2.00 Mos 6/8/20

$4,270.004/6/20

PAYNE, KYLE KENNETH


Debtor is almost 2 payments delinquent through 7/6/2020 totaling $8,538.00.

Plan #19 filed 5/30/2020 works at 100% to all creditors.

IRS claim #3 filed 4/28/2020 shows unfiled tax returns for the years 2016, 2017, 2018 and 2019. Trustee has not received copies of any tax returns.

Trustee alleges Schedules I and J are inaccurate and do not represent a good faith estimate of Debtor's projected income and expenses.


3 of 60

TROY BALLARD$1,900.00

WO

$1,487.69 20-32094

1 Reset 0.78 Mos 7/24/20

$1,070.774/6/20

PAYNE, KYLE KENNETH



ARCHIE ROY ROBERTS$2,615.00

WO

($1,005.79)20-32848

0 Resets -0.38 Mos 7/27/20

$1,206.935/30/20

PAYNE, KYLE KENNETH


IRS claim #1 filed 6/11/2020 shows an unfiled tax return for the year 2018 and reflects a priority claim amount of $5,233.08. Trustee has received a signed copy

of this return which shows a refund of $2 owed to the Debtor. Plan #2 filed 5/30/2020 fails to provide any treatment for the IRS.

Plan #2 filed 5/30/2020 fails to fully provide for the mortgage arrears claim of Wells Fargo Bank (Plan:$17,414 POC:$17,751.95). Plan is also over-providing for the

ongoing mortgage payment (Plan:$2,046.26 POC:$1,946.30).

Debtor has failed to provide Trustee with proof of the $1,200 family contribution.


2 of 60

JOHNNY LEE TAYLOR, JR.

$100.00EFT

$0.00 20-32873

0 Resets 0.00 Mos 6/26/20$100.00

6/1/20

PAYNE, KYLE KENNETH


FILED 7/2/2020, DOC #21Plan #2 filed 6/1/2020 proposes to strip the lien of Specialized Loan Servicing in

Paragraph 8C of the plan. Notice of Strip Lien has not been filed.


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Attorney

11:00 am

Debtor is proposing to pay Nationstar Mortgage, LLC direct despite claim #2 filed on 6/15/20 reflecting pre-petition arrears of $806.40 (P&I 6/1/20: $371.77;

Projected Escrow $434.63).

Paragraph 10 of the Plan is incomplete as the Date Last Payment is Due has not been provided on the Nationstar Mortgage, LLC claim.

BORIS TWAIN CLEWIS$135.00

EFT

$0.00 19-32130

8 Resets 0.00 Mos 7/2/20

$135.004/15/19

POPE, JAMES QCONFIRMATION HEARINGTRUSTEE'S MOTION TO DISMISS #28 FILED 6/17/2019

Trustee alleges Plan #61 is not feasible pursuant to 1325(a)(6). Schedules I and J reflect current monthly net income of only $138.00; Debtor's plan payments are

$135.00 for months 1-20, but then the payments increase to $10,000.00 in month 21 (Jan 2021).

Line 13 of Schedule I states Debtor anticipates leasing out property located at 13100 Cullen as a parking space for 18-wheelers and other large trucks.

On 10/8/2019, Debtor filed an Application to Employ Kimberly Barnes-Henson and KBH Signature Realty Group at docket #36 -- an Order approving the Application

was entered 10/20/2019 at docket #41.

Plan #61 filed 5/8/2020 works (no general unsecured claims filed). Trustee requests a C4 Confirmation Order for 100% Plans due to liquidation requirement if

confirmed.


15 of 60

DARON CHATMAN$4,450.00

EFT

$4,450.00 20-31440

2 Resets 1.00 Mos 7/20/20

$3,900.003/2/20

POPE, JAMES QCONFIRMATION HEARING TRUSTEE'S MOTION TO DISMISS #24 FILED 4/14/20

Debtor is delinquent 1 payment through July totaling $4,450 with next payment due 8/1.

Debtor has failed to provide Trustee with proof of income for the non-filing spouse.

Plan #36 filed 6/30/2020 will work, paying 47.516% to the general unsecured creditors.


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Case Disposition

Attorney

11:00 am

LINDA F. HAWKINS$4,065.00

EFT

$0.00 20-32054

0 Resets 0.00 Mos 7/9/20

$4,230.004/3/20

POPE, JAMES QCONFIRMATION HEARINGPlan #30 filed 6/30/2020 works, paying 2.273% to the general unsecured creditors.

Recommend confirmation of the plan filed 06/30/2020, doc. #30.

3 of 60

EMMA ERIN GOFF$1,020.00

WO

$78.46 20-32832

0 Resets 0.08 Mos 7/21/20$470.77

5/29/20

RASHID, AZWAR-RADI M


Trustee has not received proof of the Maturity date of the total debt mortgage claim of PHH Mortgage Services. Bar date is 8/7/2020 and creditor has not yet filed their

proof of claim.

Debtor filed an Objection to Claim #1 of LVNV Funding on 7/27/2020 at docket #31. Debtor asserts the claim should be barred under the statute of limitations.

Hearing on this claim Objection is set for 8/26/2020 at 2:00 PM.

Plan summary #32 is misleading as it reflects a 100% return to general unsecured creditors, because the total amount of general unsecured claims is understated.

The plan reflects $19,826.85, when the current total amount of timely filed general unsecured claims is $31,641.64 and the bar date has not yet run.

Plan must remain 100% per the form 122C requirement of $21,330. Debtor also has an unknown value listed for a potential claim against PHH Mortgage. If

Confirmed, Trustee requests a C3/C4 Confirmation Order.


2 of 57

RICHARD and THERESA MITLO

$280,000.00EFT

$281,470.00 19-36158

2 Resets 1.01 Mos 6/10/20$780.00

11/4/19

RATNALA, RAVI PATRICK


Debtor is delinquent $281,470. Debtor's Final Plan payment of $280,000 came due on 5/4/2020.

Trustee alleges Plan #41 filed 2/3/2020 is not feasible. Debtor's ability to make this payment is contingent on their ability to sell their property, which does not

appear to have occurred.

Plan fails to provide for the Notice of Postpetition Mortgage Fees filed 5/1/2020 in the amount of $644. However, Bayview Loan Servicing is being treated as a total

Debt claim in the plan and creditor would not be eligible for 3002.1 notices if


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Attorney

11:00 am

confirmed as a total debt.

Debtor filed their response to the Trustee's Motion to Dismiss on 1/28/20 at docket #39.

Debtor is proposing a 6 month plan, which will require a C4 confirmation order.

SERGIO ISRAEL and AGUEDA MEZA

PORTILLO$1,585.00

WO

($466.55)20-32712

0 Resets -0.29 Mos 7/23/20$703.85

5/20/20

RATNALA, RAVI PATRICK

CONFIRMATION HEARINGPlan #39 filed 07/03/2020 works, paying 2.31% to general unsecured creditors.

Recommend Plan #39 filed 07/03/2020

2 of 60

ZACHARY E. and REBECCA E.

WILLIS$2,300.00

WO

$884.60 20-31199

2 Resets 0.38 Mos 7/14/20

$1,061.542/21/20

RECIO, YVETTE VCONFIRMATION HEARINGPlan #40 filed 06/30/2020 works paying 100% to all creditors. Trustee requests a

C4 Order for disposable income.

Recommend Plan #40 filed 06/30/2020, C4 Order.5 of 60

JOHN PAUL and KIRSTI LEA SHERLOCK$2,150.00

WO

$0.00 20-32813

0 Resets 0.00 Mos 7/22/20

$1,075.005/29/20

RECIO, YVETTE VCONFIRMATION HEARINGMOTION TO DISMISS

FILED 7/2/2020, DOC #30Plan #33 filed on 7/27/20 fails to provide for treatment of secured claim #13 filed on

7/21/20 by CACH, LLC in the amount of $5290.33 for a judgement lien.

Trustee alleges that Plan fails to meet the disposable income test as Debtors are choosing to make payments on a 2020 GMC Yukon direct at $1098.17/mo at the

expense of the unsecured creditors. Further, the vehicle is not titled in the Debtors' name.


2 of 60

KEITH B. and PRYNCESS J.

JENKINS$2,460.00

WO

($1,894.67)19-36632

4 Resets -0.77 Mos 7/27/20$784.62

11/29/19

Sargent, Emil RCONFIRMATION HEARINGMOTION TO DISMISS

FILED 1/13/2020, DOC #30Plan #66 filed on 7/1/20 does not provide for the notice of post-petition fee claim of Nationstar Mortgage, LLC in the amount of $225.00 for attorney’s fees and Proof of

Claim fees.


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Plan Summary #66 does not match Plan #66.

VERNECE BROWN$1,225.00

WO

$1,276.05 20-31573

2 Resets 1.04 Mos 7/23/20$347.85

3/3/20

Sargent, Emil RCONFIRMATION HEARINGMOTION TO DISMISS

FILED 4/16/2020, DOC #35Plan #48 filed on 7/15/2020 fails to fully provide for secured claim #10 filed on

7/16/20 by Northwest Park MUD (POC: $5112.05; Plan: $1840.35).

Plan Summary does not match the Plan.

Debtor failed to provide proof to substantiate the amounts paid to Aldine ISD, Northwest Park Maintenance Assoc. and Propel Financial through the Plan. Creditors have not filed claims and Trustee must disburse according to plan.

Objection to Confirmation of Plan #55 by Propel Financial Services.


4 of 60

MICHAEL FRAZIER$825.00

No Pmt info

$683.00 19-36910

3 Resets 0.83 Mos 6/17/20

$1,692.0012/17/19

SIMONSEN, STEPHEN A


Debtor has failed to file a wage deduction order or EFT/ACH authorization with the Court.

Plan #2 filed 12/17/2019 is misleading as it appears to pay a higher claim amount for Santander in Paragraph #11 despite Trustee’s obligation to pay the lower value amount. Additionally, Box 1B is not checked providing notice of the limitation to

the claim. Trustee argues that because the 2012 Chevy Silverado was purchased within 910 days of the petition date (on 8/18/2017) per the contract attached to the

proof of claim, the claim should be provided for in Paragraph #9 of the plan.

Based on the pro-rata treatment to Santander and the payment delinquency, the Plan fails to provide sufficient adequate protection on the vehicle.

Objection to Confirmation #19 filed 3/2/2020 by WMMT Ventures LLC.

Debtor's Objection to Claim #10 of WMMT Ventures LLC was filed 3/9/2020 at docket #22.

Debtor's Objection to Claim #2 of Forward Financing was filed 3/9/2020 at docket


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11:00 am

#21 -- claim #2 is an unsecured claim filed 1/13/2020 in the amount of $31,159.74.

Debtor's Objection to Claim #12 of Troy and Tiffany Schrenk was filed 3/9/2020 at docket #23 -- claim #12 is an unsecured claim filed 2/25/2020 in the amount of

$31,985.86.

Debtor has failed to provide Trustee with proof of income from side jobs -- $500.00/mo. per Schedule I.

Debtor has failed to provide Trustee with a copy of his 2018 tax return.

Previous claim objection hearings were rescheduled so Debtor's attorney could call for hearing dates, but nothing appears on the docket.

JULIA HORTENCIA MARTINEZ$3,690.00

EFT

$10,140.00 19-36609

3 Resets 2.75 Mos 7/29/20

$3,690.0011/27/19

SOUTHWARD, ERICCONFIRMATION HEARING TRUSTEE'S MOTION TO DISMISS #24 FILED 2/11/2020

Debtor is delinquent 3 payments through July totaling $10,140.

Objection to Confirmation filed by PointBridge Corporation at docket #27. Plan #38 appears to satisfy creditor's Objection and is providing for the amount listed on

creditor's proof of claim.

Objection to Confirmation filed by Propel Financial Services at docket #26. Creditor Objects to the Plan interest rate of 12.9% and is seeking the contract rate

of 15.9%. Plan #38 is providing 15.9% interest on Propel Financial's claim and appears to satisfy creditor's objection.

IRS claim #11 filed 1/22/2020 reflects Debtor has not filed a tax return for the year 2016. Trustee has received a copy of the tax return (Stated Refund: $506, not

disclosed or exempted).

Plan must remain 100% due to the $123,695 in non-exempt property. If confirmed, Trustee requests a C4 Confirmation Order.



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Last Rcpt


Case Disposition

Attorney

11:00 am

GLENN R. and STEPHANIE R.

FRANCIS$3,375.00EFT WO

$3,743.15 19-35995

5 Resets 1.11 Mos 7/27/20$843.75

10/29/19

STEELMAN, FRANKCONFIRMATION HEARINGMOTION TO DISMISS


FILED 5/5/2020, DOC #57Plan #77 filed 7/6/2020 works, paying 24.709% to the general unsecured creditors,

however plan fails to provide all of Debtors' disposable income into the plan.

Trustee argues that the provision of paragraph 29 is confusing and cannot determine what Debtor is attempting to make binding on all creditors.

Paragraph 10 of the Plan is incorrectly reflecting the Monthly Payments on the First National Bank claims.


9 of 60

RODNEY L COLE$500.00

No Pmt info

$500.00 20-32163

1 Reset 1.00 Mos 6/23/20$500.00

4/15/20

TAHERIAN, NIMACONFIRMATION HEARING AND TRUSTEE'S OBJECTION TO CONFIRMATION AND MOTION TO DISMISS FILED 6/8/2020, #21.

Debtor has failed to implement a wage deduction order or EFT/ACH authorization.

Plan #13 filed 5/7/2020 fails to provide for the secured claim filed by Conn's in the amount of $6,633.52. Objection to Confirmation filed by Conn's on 6/26/2020 at

docket #25.

Plan #13 filed 5/7/2020 fails to provide for the Priority claim filed by the Attorney General of Texas in the amount of $3,399.82. Additionally, Debtor has failed to

provide Trustee with the necessary Domestic Support Obligation documentation to comply with 1302(d)(1).

Paragraph 10 of the Plan is incomplete as the date last payment is due has not been provided on the Firstbank Mortgage claim and the contract interest rate is

incorrectly listed at 0% (5.25% per the creditor's proof of claim). Paragraph 10 also fails to list the monthly payment and date last payment is due for First Investors

Financial Services claim.

Objection to Confirmation, #19 filed 5/18/2020 by FirstBank on Debtors principal residence described as 10014 Corvallis Drive, Houston, TX 77095. Creditor objects because the Plan fails to provide for the prepetition arrears of $1,166.65. Proof of


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Reset Dates:09/15/202010/13/202011/03/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

11:00 am

claim #9 on 6/22/2020 shows arrears for $424.95 in prepetition fees and $741.70 in projected escrow shortage.

ADAM ROY SMITH, JR. and SHANNON LYNETTE SMITH

$1,050.00 WO

($848.10)20-31052

2 Resets -0.81 Mos 7/24/20$242.31

2/12/20

CORRAL TRAN SINGH LLP

CONFIRMATION HEARINGPlan #30 filed on 5/7/2020 works, paying 4.667% to the general unsecured

creditors.


NELSON RICHARD$1,200.00

ACH

$0.00 20-32100

1 Reset 0.00 Mos 7/7/20

$1,200.004/6/20



IRS claim #5 filed 5/6/2020 shows unfiled tax returns for the years 2017 - 2019 and reflects a priority claim amount of $7,552.56. Trustee has not received a copy of the returns for the respective years. Plan #26 filed 7/6/2020 fails to provide any

treatment for the IRS.


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DION CARROL and MAURYCE DELL

THOMAS$3,200.00

EFT

($3,500.00)20-32431

1 Reset -1.09 Mos 7/27/20

$1,200.005/1/20




creditors.

Objection to Confirmation of Plan #56 filed by Freedom Truck Finance, LLC filed 6/29/20.




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JACQUELINE J. VENABLE

$307.00EFT

$0.00 19-36169

4 Resets 0.00 Mos 7/1/20

$307.0011/4/19

TRUEBA, PHILLIP HENRY

CONFIRMATION HEARINGPlan #24 filed 12/18/2019 fails to provide for the mortgage arrears claim of USAA

Federal Savings Bank. Plan is providing for direct treatment of the ongoing mortgage in paragraph 10 despite the proof of claim showing arrears of $1,002.16, which includes $319.72 in principal and interest payments. Previous hearing reset

for Debtor to object to proof of claim or obtain stipulation that claim is current.


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Reset Dates:09/15/202010/13/202011/03/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

11:00 am

Objection to Claim #10 was filed at docket #41. Hearing on Claim Objection has been reset to 8/4/2020 at 11:00 to coincide with the Confirmation Hearing. Creditor's Response to Claim Objection was filed at doc #40 and requested

additional time to review for possible exemptions.

RENEE SARTIN$1,075.00

WO

$751.57 20-31815

2 Resets 0.70 Mos 7/29/20$496.16

3/18/20

VASQUEZ, REGINACONFIRMATION HEARINGTRUSTEE'S MOTION TO DISMISS #30 FILED 5/5/2020

Plan #26 filed 4/29/2020 fails to fully provide for claim #7 of Habitat for Humanity (Arrears per POC: $11,951.74; Plan: $10,500.00. Ongoing payments per POC:

$812.40; Plan: $723.00).

Plan provides for direct payment of a 2020 Toyota Camry in paragraph #10. However, claim #2 filed by Toyota Motor Credit on 4/20/2020 shows pre-petition

arrears in the amount of $435.30.


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LAWANDA ROCHELLE SMITH

$1,800.00EFT

$8,599.00 19-35125

6 Resets 4.78 Mos 7/7/20

$1,000.009/11/19

VENABLE, DAVID LCONFIRMATION HEARINGTRUSTEE'S MOTION TO DISMISS #27 FILED 11/5/2019

Debtor is over 4.5 payments delinquent through 7/11/2020 totaling $8,599.00.



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LORETTA JONES EDMONDSON

$2,425.00EFT

$0.00 20-32762

0 Resets 0.00 Mos 7/14/20

$2,425.005/26/20

VENABLE, DAVID LCONFIRMATION HEARINGTRUSTEE'S MOTION TO DISMISS #31 FILED 7/7/2020

Objection to Confirmation #33 filed 7/27/2020 by PHH Mortgage -- Plan #4 filed 5/26/2020 fails to fully provide for claim #5 of PHH Mortgage filed 6/11/2020 for

Debtor's homestead located at 2830 Silver Charm (Arrears per POC: $16,279.89; Plan: $13,371.43).

Plan provides for treatment of NPRTO Texas Inc.'s claim #7 in the amount of $833.75 in paragraph #11 (listed at $1,028.29), but NPRTO Texas has only filed an

unsecured claim.

Debtor has failed to comply with BLR 3015-1(b) requiring Debtor to timely provide information required by the Chapter 13 Trustee’s Home Mortgage Payment Procedures for the 2nd property located at 1021 Conklin. Select Portfolio

Servicing has not yet filed a claim for this property. Bar date does not pass until 8/4/2020.


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Reset Dates:09/15/202010/13/202011/03/2020


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Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

11:00 am

Trustee alleges that Plan does not meet the requirements of 1325(a)(4) as an examination of Debtor's schedules indicate non-exempt property rendering the

plan deficient.

Debtor has failed to provide Trustee with proof of income from rental property -- $930.00/mo. per Schedule I.

Debtor's Response to Trustee's Motion to Dismiss was filed 7/8/2020 at docket #32.

KEVON WAYNE and NICCOL RENEE

SPIKES$1,825.00

EFT

($913.50)20-31773

1 Reset -0.50 Mos 7/27/20$912.00

3/16/20

WESLEY-THOMAS, ALVA


Plan #2 filed 3/16/2020 fails to fully provide for mortgage claim #4 of Wells Fargo (Ongoing payments per POC: $1,318.08; Plan: $1,272.08).

Plan fails to provide for treatment of secured claim #35 filed 5/26/2020 by Real Time Resolutions for a 2nd lien on Debtors' homestead in the amount of

$38,907.84.

Plan fails to provide for treatment of amended claim #7 filed by the IRS on 5/5/2020, which reflects a secured claim amount of $37,387.45 and a priority claim

amount of $2,952.00.Debtors' Objection to Claim #7 of the IRS was filed 6/15/2020 at docket #36 -- a

hearing is set for 7/29/2020 at 2:00 pm.

Trustee alleges Plan does not meet the disposable income test requirement of 1325(b) as it does not provide a dividend to unsecured creditors that equals or

exceeds the amount mandated by Form 122C.


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IJEOMA CLEMENT$2,925.00

EFT

$250.00 20-32771

0 Resets 0.09 Mos 7/24/20

$1,400.005/27/20

WESLEY-THOMAS, ALVA



creditors.

Trustee alleges Schedule B is inaccurate as it fails to disclose income tax refunds


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Reset Dates:09/15/202010/13/202011/03/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

11:00 am

for the year 2018 of $6859.00 and 2019 of $7538.00 thus plan may not meet the liquidation test.

KIMBERLY PRINCE$500.00

No Pmt info

($0.02)20-31319

0 Resets 0.00 Mos 7/20/20$500.00

2/27/20

WESTBROOK, NICHOLAS R

CONFIRMATION HEARING MOTION TO DISMISS FILED 07/07/2020, DOC. #52

Plan #53 filed 07/28/2020 works, paying 4.26% to general unsecured creditors; however proper noticing time is needed for lowered interest rate to JP Morgan

Chase. Trustee requests a C3 confirmation order for potential lawsuit.

Trustee does not recommend confirmation.

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ISMAEL HERNANDEZ

$973.00 WO

$452.28 20-32356

1 Reset 0.46 Mos 7/17/20$240.93

4/29/20

WILLIAMS, BRIAN DCONFIRMATION HEARINGMOTION TO DISMISS

FILED 6/4/2020, DOC #26Debtor is delinquent .5 payments through 6/29/20 totaling $452.28.

IRS claim #5 filed 5/19/2020 shows an unfiled tax return for the year 2017 and estimates a $5116.00 priority liability claim. Trustee has not received a copy of

the return. Plan #35 filed 7/27/20 provides $5628.00 to the IRS. IRS claim has not been amended to reflect the 2017 as filed. Further, Debtor has failed provide a

copy of the 2019 return.

Plan provides for bifurcated treatment of the same claim. Trustee objects to confirmation of a plan that proposes to have Debtor make direct payments on the

ongoing payment and Trustee to make payments on the pre-petition arrears (escrow shortage). Additionally, the plan does not comply with Paragraph 10 and

Paragraph 8 – Footnote 5.

Plan does not match the Plan Summary.

Trustee alleges Schedule I is inaccurate.

Debtor has failed to file an amended wage deduction order with the Court.


Objection to Confirmation of Plan #28 filed 6/19/20 by Carrington Mortgage Services, LLC.


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Reset Dates:09/15/202010/13/202011/03/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

11:00 am

JAMES DAVID MCCULLOUGH JR

and FELICIA NICOLE

MCCULLOUGH$4,460.00

WO

$3,036.13 20-32089

1 Reset 0.68 Mos 7/6/20

$1,708.624/6/20

WRZESINSKI, CLAYTON WILLIAM


Plan #37 filed 7/7/2020 fails to provide the proper rate of interest on the IRS claim #5 per Section 511. Plan provides 1.25%.

Plan is proposing to pay the IRS secured claim of $102,617.88 a lower collateral value of only $19,447.14 despite Debtors' equity in real and personal property.

Debtor has failed to provide Trustee with proof of income from Debtor's new employment with Houston Hospice to substantiate the $7,717.80 monthly gross

income listed on schedule I.


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ALEXIS TAYLOR CROWE$54.33 WO

($0.01)20-32620

0 Resets 0.00 Mos 7/17/20$21.03

5/14/20

WYATT JR, DONALD L



12:00 pm

ESTHER BATTISE$1,600.00

ACH

($394.51)19-36700

3 Resets -0.25 Mos 7/23/20$800.00

12/2/19

KEELING, KENNETH A



Objection to Confirmation #38 filed 2/21/2020 by United States of America -- Plan reflects that Debtor is stripping the lien of US Department of HUD, and a Notice of Intention to Strip the Lien was filed 3/9/2020. United States objects to valuation of

the collateral securing the claim.

Plan reflects that Debtor is stripping the lien of Willowood Maintenance Association, and a Notice of Intention to Strip the Lien was filed 3/9/2020.

Objection to Intent to Strip Lien was filed by Willowood on 1/31/2020 at docket #34.


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Pre-Conf/Dismissal Judge DAVID JONES, Houston 09/15/2020 … · 2020-07-29 · Plan #18 filed...

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Transcript of Pre-Conf/Dismissal Judge DAVID JONES, Houston 09/15/2020 … · 2020-07-29 · Plan #18 filed...