10-20768 Jeffrey Wayne McGuirk and Carolyn Lynn McGuirk Judge

Transcription

Somers docket
May 15, 2015, 10:30 a.m.
10-20768 Jeffrey Wayne McGuirk and Carolyn Lynn McGuirk
Judge: Dale L. Somers
Neal E. Fowles
Motion for an Order to Deem a Mortgage Current with SUNTRUST
MORTGAGE Filed on behalf of Trustee William H Griffin (doc #59)
See attached.
4/6/15 TTE's Ntc of Final Cure (doc #57):
Name of Creditor: SUNTRUST MORTGAGE
Final Cure Amount
Court Claim #0002
Account Number 6160
Claim Asserted $6,352.22
Claim Allowed $6,352.22
Amount Paid with Interest if Allowed $6,352.22
Post-Petition Mortgage Fees, Expenses, and Charges paid:
Monthly Ongoing Mortgage Payment
Mortgage is paid through the Chapter 13 conduit and is due for the May 01, 2015 payment.
4/23/15 Suntrust Resp: Post petition - still owe $1319.27 - April 2015 monthly
pmt.
4/28/15 TTE's Resp: See attached--Same as above.
Somers docket
May 15, 2015, 10:30 a.m.
10-24286 Randall W Glass and Stephanie L Glass
Patrick Wiesner
Motion to Abate & Decrease plan payments (thru June 2013 / $775/mo)
Has been continued several times to track sale of property. Case not feasible
without. In month 53---still 49 MORE months left in case.
Rec'd $100,974.44 in March from sale of real property (2323 SW Belle Ave,
Topeka, KS). $91k (principal) and $4k (interest) went to the IRS. Still owe over
$100k in sec and prior taxes.
Ds filed mtn to sell another piece of real property - 840 SE 37th St, Topeka. Ds
will receive roughly $37k - paying secured taxes and asking for a lien release. Ord
granting entered 4/14/15.
Rec'd 39,286.69 on 4/28/15. Continue?
Also - Obj to claim #10 Shawnee County filed - obj due 5/20/15. Debt paid in full
from sale proceeds [$10,493.03].
Cont from Dec & April for tracking.
Somers docket
May 15, 2015, 10:30 a.m.
11-20048 Lester Norris Walker and Shirley Jean Walker
Tracy L. Robinson
Notice of Mortgage Payment Change (Claim # 19) with Certificate of Service
Filed by Creditor U.S. Bank - current w/ TTE @ $1300/mo DP
Mortgage is paid directly.
Increases escrow from $485.30 to $525.34.
$1328.78 to $1368.82 mortgage pmt.
2/27 Ds' Objection: Debtors object to the increase in escrow as not being supported
by sufficient documentation to determine the propriety of the increase. The
Debtors received a loan modification in 2013, and no notices were filed in 2014.
The shortage for last year would have been approximately $85.00. There should be
an escrow cushion, but it would not equal the $1,092.77 the mortgage creditor is
claiming. The shortage is being spread over 33 months at $33.11 per month.
Somers docket
May 15, 2015, 10:30 a.m.
11-22024 William David Fok
Susan Bratcher
Motion for Dismissal for Failure to Make Plan Payments
**to be w/drawn**
Somers docket
May 15, 2015, 10:30 a.m.
12-20210 Lisa M McCants
David A. Reed
DQ = $316 @ $158/mo EP
DQ accrued over the last several months.
Rec'd $150in Feb. Nothing since.
Note: Re-sent EP on 3/20/15 per DA's request
Cont from April for IWO to kick in. DA to file MTA w/in 21 days.
Somers docket
May 15, 2015, 10:30 a.m.
12-21308 Monica L Williams
David A. Reed
DQ = $601 @ $267/mo DP
DQ accrued over life of case
3/30 Resp: Debtor made a regular plan payment of $267.00 on March 26, 2015,
and there’s currently $875.41 on hand, waiting to be disbursed.
MTA?
Somers docket
May 15, 2015, 10:30 a.m.
12-21639 Arnold D. Madison and Monique Lee Madison
Jeannie M. Bobrink and Jeffrey A Koons
Motion for Dismissal for Failure to Make Plan Payments - LOF
DQ = $1007 @ $1568.02/mo [$701.35 DP & $866.67 EP]
Not paying direct portion
LOF - Need $1685/mo--ok w/ lump sum from family
PTP w/ Nationstar @ $1022.81/mo - DQ = $414.99
3/9 Resp: Will work w/ TTE's office to see if abatement feasible.
4/15/15 Email from DA: Madison:
12-21639 - can I abate? if so, can we continue so I can file
the motion?
If you file a MTA, you will need to include language that allows the TTE to roll the missed mortgage
payments into a separate claim. Do they agree to the increase of $1685?
Cont from April for DQ to be cured by family. What about the on-going
direct pmts? How do the Ds propose to resolve that issue?
Somers docket
May 15, 2015, 10:30 a.m.
12-22178 Kenneth Eugene Kenley and Pamela Gay Kenley
Sarah A. Sypher
**to be cont to 6/19/15 for MTA**
Somers docket
May 15, 2015, 10:30 a.m.
12-23244 Bryan Scott Carr and Traci Lynn Carr
Hilliard L Moore
Motion for Dismissal for Failure to Make Plan Payments - LOF
**cont to 6/19/15 for tracking and MTA**
DQ = $1078 @ $272/mo DP
Rec'd $281 in April. Last pmt before that was Dec 2014.
LOF - Need $281/mo
4/6 Resp: Debtor admits to falling behind on payments to the trustee due to a lapse
in employment.
Debtor is considering converting to Chapter 7 and will either convert of file a
motion to abate to address any delinquency resulting from her lapse in
employment.
5/4/15 Email from DA: It appears a full payment was received in April and a full payment has
already been paid for May. I will be filing a motion to abate sometime this week. Do you want to just
continue this one out for tracking?
Somers docket
May 15, 2015, 10:30 a.m.
13-20229 Judy Kay Pelot
Shane J. McCall
DQ = $236 @ $236/mo DP [abated $798]
Rec'd $236 on 4/24/15 (TFS). Last pmt rec'd before that was Nov 2014.
TTE would like to see another pmt.
MTA filed - D had heart attack over holidays, included 10 day hospital stay and
on-going rehab. Abating thru Feb. Resume in March. Obj due 4/7/15.
Cont from April for DQ to be cured. D told DA she made an electronic pmt on
4/15/15.
Somers docket
May 15, 2015, 10:30 a.m.
13-20997 Troy Lee Vogel
David A. Reed
Motion for Relief from Stay. Filed on behalf of Creditor Brandon Michelle
Vogel
Current w/ TTE @ $1972/mo. Mort paid thru plan - current $876.61/mo.
MFR BY EX-WIFE, BRANDON MICHELLE VOGEL. DS DIVORCED IN 2012. D HAS FAILED TO FOLLOW THE
TERMS OF THE SEPARATION AND PROPERTY SETTLEMENT AGREEMENT AND HAS VIOLATED ORDERS OF
THE DIST COURT.
D HAS FAILED TO REFINANCE THE PROPERTY LOCATED AT 5653 SLOAN AVE, KCKS AND HAS FAILED TO
PAY BRANDON 1/2 OF THE EQUITY IN THE PROPERTY AS CALCULATED AT THE TIME OF THE DIVORCE. D
HAS FAILED TO MAKE TIMELY MORTGAGE PMTS ON THE PROPERTY AND TO MAINTAIN THE PROPERTY.
D HAS FAILED TO MAKE TIMELHY PAYMETNS ON THE MARITAL DEBTS WHICH D ASSUMED AND WAS
ORDERED TO PAY.
MFR IS BEING FILED FOR BRANDON TO PURSUE JUDICIAL ACTION AGAINST D CONCERNING VIOLATIONS
OF THE PARTIES SEPARATION AND SETTLEMENT AGREEMENT IN ORDER TO PROCEED WITH AN ACTION
IN THE DIST COURT OF WY CO.
Resp:
1. The motion fails to comply with LBR 4001(a).1(d).
2. The motion fails to allege any basis for relief under the proffered grounds of §§
362(d)(1) or subsection (d)(2).
3. The motion appears to be fashioned as an attempt to revisit issues which should
have been brought up in a timely objection to confirmation; in other words, this is
better seen as a gesture toward a Bankruptcy Rule 8001 appeal by other means,
forbidden by the same principles of res judicata which guided the Court in In re
Ramsey, 356 B.R. 217, 223 (Bankr. D. Kan, 2006).
Cont from April for resolution.
Somers docket
May 15, 2015, 10:30 a.m.
13-21428 Rose Anne Hammes
Hilliard L Moore
**cont to 6/19/15 for tracking**
DQ = $100 @ $50/mo DP
Rec'd $150 in April - money order. Last pmt rec'd before that was Dec 2014.
FYI - $50 pmt in April was NSF.
4/22 Resp: Make up or abate.
5/4/15 Email from DA: She sent in a payment of $150 in April.
behind. Can we continue this one for tracking?
She is now only about $100
Somers docket
May 15, 2015, 10:30 a.m.
13-21594 Cary Lea Baumann
Adam M Mack
DQ = $307 @ $95/mo DP.
LOF, need $103/mo. Now need $115/mo.
D’s obj: D will get current or file MTA by hearing.
MTA filed - abating thru March. Obj due 4/13/15.
Consent to increase? Rec'd $115 on 5/4/15.
Cont from April for deadline to run on MTA. Need order.
Somers docket
May 15, 2015, 10:30 a.m.
13-21713 Dino Carlo Valvero and Jennifer Anne Valvero
Jason C Amerine
Motion to Compel Turnover of Debtors' pay history from Aug. 20, 2013 to
current via email or fax directly to Debtors' attorney from HSBC
D'S CONVERTED CASE FROM A CHAPTER 7 TO A 13. THAT HSBC FILED TWO CLAIMS IN THIS CASE, ONE
FOR THE ONGOING MORTG PAYMENTS TO BE PD OUTSIDE OF THE PLAN AND ONE FOR ARREARS OF
$4,267. THE ARREARAGE CLAIM HAS BEEN PD IN FULL. THAT IN JAN 2015 HSBC INFORMED D'S THAT
THEY WERE DQ TWO MONTHS ON THEIR MORTG PAYMENTS. THAT D'S AND D'S COUNSEL HAVE
REPEADLY TRIED TO CONTACT HSBC TO GET A PAY HISTORY AND OR OTHER DOCUMENTATION
SHOWING THIS DQ. THAT HSBC HAS TWICE STATED THAT THEY MAILIED A COPY OF THE PAY HISTORY
TO D'S COUNSEL. D'S COUNSEL HAS NOT RECEIVED THE PAY HISTORY.
5/5 Resp: COUNSEL HAS RECENTLY BEEN RETAINED BY CREDITOR CONCERNING D'S MOTION AND IN
REPONSE TO PARAGRAPHS 1-7, CREDITORS COUNSEL IS WITHOUT SUFFICIENT INFORMAITON TO ADMIT
OR DENY SAID ALLEGATIONS AND CREDITOR IS CURRENTLY IN THE PROCESS OF WORKING WITH ITS
COUNSEL.
Somers docket
May 15, 2015, 10:30 a.m.
13-21733 Kimberly Dawn De La Cruz
Hilliard L Moore
DQ = $130 @ $65/mo DP
No payments from September through February. Debtor sent in $130 in
February and abated $162.50 in Feb.
Did not receive a pmt in March or April
Running 57 months from filing.
D’s obj: Debtor mailed in $130 money order (received, see above) and agrees to
make regular monthly payments going forward. Case remains feasible.
Cont from April for tracking.
5/4/15 Email from DA: We are still trying to reach out to our client on this one.
we plan to appear.
As of right now,
Somers docket
May 15, 2015, 10:30 a.m.
13-22377 Sara Anne Dame
Hilliard L Moore
DQ = $1992 @ $498/mo DP
Last pmt rec'd was Sept 2014
4/9 Resp: D to cure by hearing date.
Paying for a car - Chevy Uplander - last pmt rec'd was Sept 2014
5/4/15 Email from DA: If no payments have been received by the hearing date, let it go.
Somers docket
May 15, 2015, 10:30 a.m.
13-22692 Steven Michael Noland and Teresa Ann Noland
Richard C. Wallace
U.S. Bank Motion for Relief from Stay
D v. C
Note: this has been continued a couple times, debtors and creditors say they
are close to finishing a loan mod.
Debtors filed amended plan which surrendered home; May 2014.
D’s objection: Although they surrendered home in amended plan, are aggressively
seeking loan mod.
Current with Trustee $500/mo EP.
Cont from April for: Update on loan modification. Debtor to provide signed 2014 tax returns and a
completed Form 4506T within 10 days.
Somers docket
May 15, 2015, 10:30 a.m.
13-23212 Walter Reinhold Scherer
Sarah A. Sypher
DQ = $1126 @ $1126/mo DP
Last pmt rec'd was Oct 2014
Abated $4120 in Jan (utility bills) and $2252 in March (working on loan
mod).
Need pmts or case needs to be dismissed.
Cont from March for tracking.
5/6/15 Email from DA: MTD for Failure to Make PP
Motion to Abate approved.
5/6/15 Email to DA: We haven't rec'd a pmt from the debtor since Oct 2014. Do you know if a pmt is on
the way?
5/7/15 Email from DA: Just spoke with debtor. He didn’t understand his payment was due in April. He
can make a payment 5/13/15. We will abate April’s payment. He is in a trial period on a loan
modification. As soon as it is final we will file the necessary motions and reduce the plan payment to
$175/mo.
5/13/15 Email w/ DA: Agree to continue case to 6/19/15 on condition a full
plan pmt is made by 5/30/15 or case dismissed.
Somers docket
May 15, 2015, 10:30 a.m.
13-23224 Cathy Ann Wickam
Hilliard L Moore
**to be w/drawn**
Somers docket
May 15, 2015, 10:30 a.m.
13-23262 Randall Lee Crump
Jonathan C Becker and Russell B. Cloon
Chapter 13 Plan - Current w/ TTE @ $80/mo
Disbursing as if confirmed.
Adversary filed against Green Tree re: validity of lien--dismissed 3/6/15
????
OTC filed by Green Tree: PLAN DISPUTES THE VALIDITY OF THE MTG OF GREEN TREE SERVICING,
LLC. PLAN ATTEMPTS TO MODIFY THE RIGHTS OF A HOLDER OF A SEC'D CLAIM THAT IS SECURED
SOLELY BY REAL PROPERTY THAT IS THE DEBTOR'S PRINCIPAL RESIDENCE.
Motion for Relief from Stay Creditor Green Tree Servicing
DvC
Adversary filed to determine validity of lien on homestead. Adv dismissed 3/6/15.
MRS by Greentree contd to 5/15 for status on loan modification. If loan mod
does not go thru, debtor will surrender homestead.
Somers docket
May 15, 2015, 10:30 a.m.
14-20182 Vincent Weatherspoon, Sr. and Ronda Sue Weatherspoon
David A. Reed
Motion for Post-Confirmation Amendment of Plan to surrender the 2006
Chevy Aveo and lower plan payments to $317.00 per month
TTE's objection: LOF @ $317/mo.
4/2/15 Email from KA to DA: The B auto Sales claim still needs to be addressed re the 07
Saturn – I know they surrendered the 06 Chevrolet Aveo.
The proposed Plan payment of $317/mo is not sufficient. Assuming the B Auto claim ends up gone, I
calculate $400 is needed to keep the Plan at 62-63 months (@ $317/mo Plan run 74 mos).
Claim 5 from KDOR still has an estimated portion, but that’s only for a little over $400.
I know these folks are probably struggling mightily, but I don’t believe we can let a Plan run 75 mos.
Contd. to 5/15 for amended plan to surrender another vehicle ('99 Lexus) and
for abatement. Debtor will be keeping only the 2007 Saturn.
Somers docket
May 15, 2015, 10:30 a.m.
14-20687 Ronnell Maurice Copeland Sr. and Linda Ann Copeland
David A. Reed
DQ = $4021 @ $963/mo DP
DQ over last several months
4/9 Resp: Ronnell Copeland was compelled to take early retirement due to health
reasons, explaining the cessation in employer payments in January. A motion for
hardship discharge will be filed.
Somers docket
May 15, 2015, 10:30 a.m.
14-20965 David Wayne Banks, Jr.
Sarah A. Sypher
**to be w/drawn**
Somers docket
May 15, 2015, 10:30 a.m.
14-22049 Tony Nicholas Geiger (dismissed in Dec 2014) and Tiffany Gail Geiger
Garry Addam Fera
Chapter 13 Plan - amended 2/19/15
DQ = $1350 @ $500/mo DP (decreasing to $150/mo)
Jan Epay was rejected NSF
Rec'd $150 in Feb
No pmt in March or April
TTE's OTC: The Trustee objects to the plan payments being reduced to $150.00
per month as amended Schedules I and J filed on February 19, 2015 reflect excess
disposable income of $950.00 per month.
Note: Sched J expenses add up to only $2998 as opposed to $3798 listed.
MTA filed - abating thru Feb. Obj due 3/21/15. Order Due.
Cont from April - Amended schedules to be filed within 21 days if found to be erroneous.
5/11/15 Doc. #44/Amended Schedules I & J. Income/month = $3948 (Tiffany's income the same as
original Schedule I); Expenses/month = $3148 (per Schedule J total, $3798, but when I add every entry
up, I only come up with $3148); Excess/month = $800 still. F.S. 5/8/15 ALC
Doc. #45/Amended Chapter 13 Plan. I see no change between this amended plan and the amended
plan doc. #34 filed on 2/19/15. F.S. 5/8/15 ALC
5/13/15 Email to DA offc.
Somers docket
May 15, 2015, 10:30 a.m.
14-22293 Dorothy Ann Joyner
David A. Reed
Chapter 13 Plan
Okay to confirm?
Creditor ACAR Leasing Motion for Relief from Stay re: 2013 Buick Verano
Plan calls for assumption of lease; payments through Plan. Debtor has not made
plan payments to Trustee.
D’s response: Plan payments have commenced; and “lease” may actually be
disguised PMSI. Creditor is adequately protected.
Note – delay in getting employer payments but they have commenced now.
Cont from Feb - Ruling: Trustee to disburse funds currently on hand to ACAR. Order by Ms. Olsen.
Both issues continued to May 15, 2015 @ 10:30 a.m. so that Debtor may file taxes and receive refund.
TTE disbursed $1742.03 to ACAR on 5/1/15.
Somers docket
May 15, 2015, 10:30 a.m.
14-22382 Derrick Lamont Weatherspoon
Garry Addam Fera
Chapter 13 Plan- amended 5/8/15
TTE's OTC: Amended Plan filed May 8 2015 (document #47) is not feasible.
Need $1010/mo to pay taxes.
Estimated tax claims $18k / $24k non-priority non-dischargeable.
Amended plan needs notice / objection deadline/notice of proposed hearing.
OTC to be filed for LOF.
3/16/15 Email to DA: ON MARCH 20 SOMERS CONF DOCKET – WE ARE NOW GETTING EP PYMTS;
HOWEVER CASE IS WAY UNFEASIBLE. DA/D NEEDS TO ADDRESS TAX CLAIMS…… KA
Cont from April for amended plan to be filed w/in 21 days.
Somers docket
May 15, 2015, 10:30 a.m.
14-22577 Teresa Marie Morgan
Russell B. Cloon
D's Motion for set aside Order for Relief from the Automatic Stay - Current w/
TTE @ $271/mo EP
DA FAILED (AT NO RESP OF THE DEBTOR) TO OBJ TO THE MTN FOR
RFS. AS SUCH THE ORDER WAS GRANTED. DA MOVES TO SET ASIDE
THE ORDER AND BE ALLOWED TO OBJ TO THE MTN FOR RFS. IT
WOULD BE HARMFUL TO THE DEBTOR SHOULD SHE LOSE HER CAR.
NOTES CR IS BEING PAID IN FULL THE BALANCE OF $11,895.63
RATHER THAN THE VALUE OF THE CAR. VEHICLE IS IN THE SHOP
EXPERIENING ITS 3RD TRANSMISSION REPLACEMENT IN LAST 12
MONTHS. DA IS ASKING D WHY KEEP BUT SHE FEARS NOT GETTING
ANOTHER VEHICLE DUE TO FINANCE ISSUES.
3/12/15 Email from TTE offc to DA: Russ, worked the Mtn for RFS by TD Auto. Just wanted to
inform you that they state the debtor is dlq. This is incorrect, all payments are current with March not
owing until the 28th. Creditor also states they have not received payments since the filing of case. There
was no monthly payment designated for creditor and creditor did not obj to one not being proposed.
My system shows that TD Auto should begin receiving funds starting with the April disbursement.
Somers docket
May 15, 2015, 10:30 a.m.
14-22620 Edward L Murray and Sharon L Murray
Stephen G. Bolton
Current @ $500/mo DP
TTE's OTC: Plan is not feasible as proposed. The Trustee believes this plan should
pay a 100% dividend to general unsecured creditors due to the debtors' retention of
non-exempt equity, but the proposed plan payment will not pay a 100% dividend
within the 60 month applicable commitment period.
Need increase of $1122/mo starting in Jan 2015 for plan to amortize.
Bank of Versailles OTC: BOV MADE 7 LOANS TO D'S HAVE COMBINED BALANCE $704,120.88
PLUS BOV'S ATTY FEES & OTHER COSTS ALLOWED UNDER THE NOTES & DEEDS OF TRUST. THESE LOANS
ARE ALL SECURED BY D'S PERSONAL LAKE HOUSE & BY VARIOUS INDIVIDUAL RENTAL PROPERTIES
ASSOCIATED WITH EACH LOAN. D'S ASSERTED AT 341 MTG THEY FILED CHAP 13 B/C BOV THREATENED
TO FORECLOSE UNLESS D'S PAID THEIR R.E. TAXES ON BOV'S COLLATERAL. D'S SCHEDS LIST UNPAID R.E.
TAXES OF $7,720 OWED TO CAMDEN COUNTY. RATHER THAN LIQUIDATING SOME OF THE BANK'S
COLLTERAL IN WHICH THEY HAVE EQUITY, DISCONTINUING MNTHLY PAYMENT FOR TIME SHARE USED
FOR FAMILY VACATION, OR SELLING THE BOAT OR 1 OF THIER DOCKS TO PAY THISE TAXES, D'S CHOSE
TO FILE CHAP 13. BOV IS PRENSENTLY OVER-SECURED BUT DISAGREES THE PROPERTIES ARE EACH
WORTH WHAT IS SHOWN IN D'S SCHEDS AS FMV. PLAN NOT FILED IN GOOD FAITH AS D'S PROPOSE TO
RETAIN BOV'S COLLATERAL WHILE DISTIRBUTING ONLY A PORTION OF THE BOV'S COLLATERAL AN
ALLEGAED MARKET VALUE WHICH IS IN EXCESS OF THE VALUE OF COMPARABLE PROPERTIES. D'S PLAN
IMPROPERLY CLASSIFIES SECURED CLAIM OF CAMDEN COUNTY FOR R.E. TAXES AS UNSECURED
PRIORITY;
PLAN NOT FILED IN GOOD FAITH & FAILS TO TAKE INTO ACCOUNT THE CIRCUMSTANCE OF FORCED
LIQUIDATION OF RETUNRED COLLATERAL & ATTEMPTS TO SHIFT TO BOV ALL RISKS IN MARKETINGA
PORTION OF ITS COLLTERAL WHILE D'S RETAIN MOST OF BOV'S REAL ESTATE INTEREST. D'S HAVE
INSUFFICIENT INCOME WITH WHHICH TO PAY OVER THE COURSE OF THE PLAN ALL AMOUNTS WHICH
THEY WILL BE REQUIRED TO PAY TO THEIR CREDITORS' PLAN FAILS TO PROVIDE FOR EITHER
ASSUMPTION OR REJECTION OF THE RESIDENTIAL R.E. LEASES ON SEVERAL OF THEIR RENTAL
PROPERTIES IN WHICH BOV HOLDS A SECURITY INTEREST. D'S RETNETION OF LAKE HOUSE, BOATS,
Somers docket
May 15, 2015, 10:30 a.m.
DOCKS & TIMESHARE UNITS & OTHER NON-EXEMPT ASSETS WHILE FAILING TO PAY THEIR CREDITORS IN
FULL IS CONTRARY TO THE PURPOSES OF BK CODE.
4/15/15 email from Frank Wendt to WHG and DA:
I am following up on this case as we have heard nothing for some time regarding the sale of real estate.
The objections to confirmation are set in 30 days on May 15, at 10:30 a.m.
This case was filed on October 31, 2014. At the February 20 hearing (nearly two months ago), it was
stated that one of the properties is not listed for sale because the Debtors had a buyer who just needed
to get financing approval. It was expected that a motion to sell would be filed soon for that property or
it would be listed. Steve, can you update us on the status of this proposed “sale” or whether your
clients have determined to list the property since the sale does not appear to be forthcoming?
The Debtors had listed two of the properties as of February 20. It is now Spring and I would have
expected some offers as people plan for their summers at Lake of the Ozarks if the properties are not
overpriced to the point that no one is willing to look at them. Steve, can you also update us on any
offers received and any decisions by your clients to adjust the offering price if they have received none?
We put “wiggle room” for your clients in paragraph 3 of the order which allows them to adjust the sale
price as they determined necessary in the same way as they could outside of bankruptcy. We did not
want the bankruptcy procedures to cause any issues in listing and getting offers on the properties.
The Debtors’ assets are such they have to repay their unsecured creditors 100%. Their income is such
that they cannot repay their unsecured creditors within the statutory time for a plan without selling real
estate.
I know that Mrs. Murray prepares tax returns and that the last two months were likely her tax season.
But it was anticipated in February that we would have progress before the May confirmation date and I
assumed that Mr. Murray had planned to monitor the sale situation.
Steve, please consider this a written request under the attached orders to provide to the Bank of
Versailles the terms of all offers received (whether accepted or not) for the properties and the current
listing price for the properties. This should include the details of the offer for the property that was not
listed. (We will of course share your clients’ response with Bill’s office.)
Cont from Feb for Ds to sell 7 rental properties in the Ozarks to pay off secured
debt.
Somers docket
May 15, 2015, 10:30 a.m.
14-22731 Kenneth Michael Goudreau and Tena Lucille Goudreau
Russell B. Cloon
Chapter 13 Plan
TTE Objection: Debtors' plan does not propose to pay the value of non-exempt equity
in the amount of
$5,505 to unsecured creditors.
Ds proposed to reduce the non-exempt equity by the amount of the attorney fees.
4/30/15 Order entered sustaining tte's objection.
Somers docket
May 15, 2015, 10:30 a.m.
15-20025 Wanda Lea Trujillo
Kristina S Zhilkina-Crump
Motion for Substitution of Collateral
07 TOYOTA YARIS BEING PAID TO SECURED CREDITOR AMERICREDIT FINANCIAL. REMAINING BALANCE
$6,618.89. D IN AUTO ACCIDENT. MV DAMAGED BEYOND REPAIR. AAA INSURANCE WILL PAY $7,002.48
ON THE MV. D SEEKS TO PURCHASE A 05 TOYOTA COROLLA FOR $6,791.57 & GRANT AMERICREDIT A
LIEN AGAINST THE REPLACEMENT MV IF D IS ALLOWED TO USE INSURANCE PROCEEDS TO PURCHASE
MV. ADDS $200 ATTY FEES.
No objection by TTE.
Somers docket
May 15, 2015, 10:30 a.m.
15-20146 Karen Kay Adams
Russell B. Cloon
Chapter 13 Plan
TTE's Objection: The plan is silent regarding debtor's Means Test pool of
$20,499.60. The non-standard provision of Paragraph 12 in the Plan contains the
following language: "Payment of any student loan claims, if any, shall be paid to
the extent possible prior to payment of general unsecured claims. Other general
unsecured claims shall be paid from any remainder on a pro rata basis, after
payment of all other claims in the plan, unless otherwise indicated."
Is the debtor proposing to pay the student loans in lieu of the Means Test pool?
5/3/15 Email from DA: DA to amend to resolve TTE's OTC.
DA to amend plan 5/4/15--not filed yet.
Somers docket
May 15, 2015, 10:30 a.m.
15-20202 Bradford Winston Puff and Jessica Jane Puff
Christopher R. Coons
Chapter 13 Plan
OTC filed by US Bank: US BANK NATIONAL ASSOC IS THE HOLDER OF PROMISSORY NOTE IN THE
PRINCIPAL SUM OF $47,918, TOGETHER WITH IN, SEC'D BY A LIEN ON THE REAL PROPERTY OF THE D
LOCATED AT 3501 SE CALIFORNIA AVE, TOPEKA, KS 66605. D'S PLAN LISTS THE ARREARAGE TO BANK
NATIONAL ASSOC AS $0. THE ARREARAGE TO BE LISTED ON PROOF OF CLAIM IS APPROX $2,631.98
Cont from April by agreement.
Somers docket
May 15, 2015, 10:30 a.m.
15-20237 Tona Gail Osborn
Hilliard L Moore
**cont to 6/19/15 for deadline to run**
Somers docket
May 15, 2015, 10:30 a.m.
15-20243 Melissa Mae Richardson
Lydia M. Carson
Chapter 13 Plan
CONFIRM as amended 4/4/15
Somers docket
May 15, 2015, 10:30 a.m.
15-20327 Carlos Edward Watson and Dominic Marie Watson
Hilliard L Moore
Chapter 13 Plan
Somers docket
May 15, 2015, 10:30 a.m.
15-20340 Michael Joseph Donley, Jr and Samantha Joe Donley
Todd S Abplanalp
**cont to 6/19/15 for the deadline to run**
Notice with Objection deadline must be served on matrix giving 28 days. Rule 2002(b). Corrected pleading due
5/1/15.
Somers docket
May 15, 2015, 10:30 a.m.
15-20342 Lea Ann Bruce
Chapter 13 Plan
CONFIRM
Somers docket
May 15, 2015, 10:30 a.m.
15-20374 Jose Manuel Herrera, Jr. and Aleida Cruz
Tracy L. Robinson
Chapter 13 Plan
**cont to 6/19/15 w/ mtd**
OTC to be filed by WHG. D keeping real property & LOF / R & N to keep
property. Need pmts.
Somers docket
May 15, 2015, 10:30 a.m.
15-20378 Daniel Heredia and Jennifer Sue Heredia
Chapter 13 Plan
DA to correct MT inclusion of pension (appears to be a typo).
OTC filed by AmeriCredit: PLAN FAILS TO COMPLY W/ BANKRUPTCY CODE IN THAT THE VALUE
OF PROP IS LESS THAN THE AMOUNT THAT WOULD BE PAID IF ESTATE WERE LIQUIDATED UNDER CH 7.
PLAN LISTS VALUE OF 2007 DEDONA AT $3749. KBB IS $5,338.
Somers docket
May 15, 2015, 10:30 a.m.
15-20392 Pam Susan McDowell
Hilliard L Moore
Chapter 13 Plan
CONFIRM
Somers docket
May 15, 2015, 10:30 a.m.
15-20393 Michael Alan Liber
Sarah A. Sypher
TTE's OTC: See attached.
4/15/15 Email from DA: Can you calculate what the payment needs to be to pay the claims per
our agreement?
4/16/15 Email to DA: The plan payment needs to be $1030/mo starting in May.
Somers docket
May 15, 2015, 10:30 a.m.
15-20399 Shannon Janine Wimbush-Akins
Hilliard L Moore
Chapter 13 Plan
Somers docket
May 15, 2015, 10:30 a.m.
15-20400 Michael David Armstrong
Hilliard L Moore
Chapter 13 Plan
Somers docket
May 15, 2015, 10:30 a.m.
15-20402 Charles Lee Peterson, Jr.
David A. Reed
Chapter 13 Plan
CONFIRM
Somers docket
May 15, 2015, 10:30 a.m.
15-20423 Rosemary Miller
Chapter 13 Plan
CONFIRM
Somers docket
May 15, 2015, 10:30 a.m.
15-20438 James Pete Ludwig and Arlette Anne Ludwig
Hilliard L Moore
Chapter 13 Plan
CONFIRM
Somers docket
May 15, 2015, 10:30 a.m.
15-20457 Phillip Dean Coody
Cary W Eldridge
Chapter 13 Plan
CONFIRM
Somers docket
May 15, 2015, 10:30 a.m.
15-20461 Stephen Thomas Sasenick
David A. Reed
Chapter 13 Plan
Plan needs to be amended to address pool amount.
Somers docket
May 15, 2015, 10:30 a.m.
15-20467 Abbie Lynn Tinsley
Chapter 13 Plan
CONFIRM
Somers docket
May 15, 2015, 10:30 a.m.
15-20468 Brianna Dawn Bullocks
Chapter 13 Plan
waiting on pmt
Somers docket
May 15, 2015, 10:30 a.m.
15-20500 Amy Kay Readinger
Kristina S Zhilkina-Crump
Chapter 13 Plan - Need pmts
TTE's OTC: 1. Debtor’s Chapter 13 case filed March 19, 2015 proposed a plan
payment of $110.00 per month.
2. The Debtor, on March 13, 2015 within a week of filing of her case, traded
in her 2008 GMC Acadia for a 2015 Volkswagon Passat that she is leasing.
The lease payment are $519.00 per month and is a four year contract.
3. In addition to the above vehicle, in September of 2014 the Debtor traded
a 2010 Honda Accord for a 2013 Volkwagon Passat for her 16 year old son
which she is leasing. That payment is $339.00 per month.
4. The combined lease payments are approximately $860.00 per month.
5. The Trustee does not believe that it is reasonable and necessary for the
Debtor to acquire vehicles at this expense, especially for her 16 year old son
when he previously had a 2010 Honda Accord that was apparently being
paid for a lesser amount than the $339.00 per month for his current leased
car.
6. The Debtor has voluntarily increased her secured debt expenses (leases
for 2 cars) and had the Debtor not leased a vehicle for her son she would
save approximately $300.00 per month x 36 months which would have been
$10, 800.00 available for unsecured creditors making a substantial benefit to
them of approximately 25% of those scheduled claims in Schedule F.
7. Had the Debtor not leased for herself at $519.00 per month, the vehicle
she leased, she could have spent substantially less money and paid even
more to unsecured creditors.
8. The Trustee believes that this incurrence of additional debts within a few
months of filing her Chapter 13 is not in good faith and for purchases of
vehicles that are not reasonable and necessary under the circumstances.
Somers docket
May 15, 2015, 10:30 a.m.
15-20501 Antoinette LaShaune Collier
Hilliard L Moore
Somers docket
May 15, 2015, 10:30 a.m.
15-20509 Robert Leo Schneider
David R. Barlow
Chapter 13 Plan
TTE's OTC and Exemptions:
1. The Debtor’s current Chapter 13 Plan proposes to pay $699.00 per month for
approximately 55 months paying for taxes to KDOR and Leavenworth County for
a 2014 Dodge Ram vehicle the Debtor has surrendered to his girlfriend who cosigned the loan. This now appears to be the girlfriend’s debt to pay and she should
have to pay for the taxes for the vehicle and insurance.
2. The Debtor’s plan also proposes to pay for the ongoing payments for the second
mortgage, John Deere up to the value ($8,500.00) owed for a 2012 John Deere
Gator and pay Frontier Credit Union the value of a 2004 Harley Davidson
($7,370.00). There are no funds available to pay his unsecured creditors.
3. The Debtor has claimed exempt certain farm equipment in the amount of
$11,400.00 which exceeds the amount allowed of $7,500.00 which he has already
claimed exempt under K.S.A. 60-2304(e) for livestock. The Trustee does not
believe that the Debtor is entitled to exempt under K.S.A. 60-2304(a) as he has
done in Schedule C, $11,400.00 for farm equipment. The proper exemption for
that, would it not exceed the amount allowed, would be under K.S.A. 20-2304(e).
As it is livestock or equipment used in the production of income.
4. The Debtor claims this is farming necessities, however, Debtor shows for the
last three years he has lost money each year in farming and the Trustee believes
that this equipment and the farming operation is not reasonable and necessary.
Case 15-20509 Doc# 13 Filed 04/23/15 Page 1 of 2
5. The Trustee believes that the Debtor should have to pay unsecured creditors the
value of that they would receive under 11 USC Section 1325(a)(4). It appears this
amount would be approximately $11, 600.00.
Somers docket
May 15, 2015, 10:30 a.m.
WHEREFORE, the Chapter 13 Trustee requests that the Court deny the Debtor’s
improper claim for exemptions as stated more fully above and, require the Debtor
to pay the amount to the unsecured creditors that they would receive in a
liquidation and for any other relief the Court deems just under the circumstances.
5/8/15 Resp:
1. KDOR TAXES ANDLEAVENWORTH COUNTY TAXES ARE ESTIMATED SALES AND PP TAXES FOR THE
TRAVEL TRAILER THAT WAS NEVER REGISTERED.
2. ADMITTED.
3. IF THE COURT DENIES THE EXEMPTION CLAIMED UNDER KDA 60-2304(a), D IS WILLING TO SELL
CATTLE EACH YEAR AND PAY THE PROCEEDS INTO THE PLAN TO COVER THE NONEXEMPT PROPERTY.
4. D ADMITS HE HAS SHOWN A LOSS EACH YEAR. IT IS NOT UNUSUAL FOR FARMING OPERATIONS TO
SHOW LOSSES. D HOPES TO CONTINUE THE OPERATION AS LONG AS HE IS PHYSICALLY ABLE.
5. IF COURT DENIES THE EXEMPTION CLAIMED UNDER KSA 60-2304(a), D IS WILLING TO SELL CATTLE
EACH YEAR AND PAY THE PROCEEDS INTO THE PLAN TO COVER THE NONEXEMPT PROPERTY.
Somers docket
May 15, 2015, 10:30 a.m.
15-20512 Mardrina Patrice Powell
David A. Reed
Chapter 13 Plan
CONFIRM
Somers docket
May 15, 2015, 10:30 a.m.
15-20537 Brandi Jean Galloway
Hilliard L Moore
Chapter 13 Plan
CONFIRM
Somers docket
May 15, 2015, 10:30 a.m.
15-20539 Wayne Wickliffe
Ryan B Patton
Chapter 13 Plan
CONFIRM
Somers docket
May 15, 2015, 10:30 a.m.
15-20541 Ethel Mae Douglas
Chapter 13 Plan
341 cont to 5/13/15 for rtns to be filed.
Somers docket
May 15, 2015, 10:30 a.m.
15-20582 Jeffrey A Barnett and Rebecca L Barnett
Keith A Wellman
Chapter 13 Plan
OTC filed by Lori A Barnett: PLAN VIOLATES 1325(a)(8) - DOES NOT PROVIDE JEFFREY BARNETT
WILL PAY ALL AMTS REQ'D TO BE PD UNDER DOMESTIC SUPPORT OBLIGATIONS AND THAT FIRST
BECOME PAYABLE AFTER DATE OF FILING OF PETITION. DOMESTIC SUPPORT REQ'D BY JUDGMENT OF
DISSOLUTION ENTERED IN LAYAFETTE COUNTY MO, CASE NO 10LF-CV05761. JEFF BARNETT WAS
ORDERED TO APY $2200 PER MONTH CHILD SUPPORT AND $2800 PER MONTH MAINTENANCE.
PLAN PROPOSES D WILL PAY OUTSIDE OF PLAN SUBSTANTIALLY LESS THAN THOSE AMTS FOR CURRENT
MO SUPPORT; CURRENT PYMENTS ARE $2771.22/MO AND NOT THE $5K ORDERED
MAINTENANCE OBLIGATION IS NON MODIFIABLE. HE HAS FILED MOTION TO MODIFY TO TRY TO
REDUCE CHILD SUPPORT WHICH HAS BEEN STAYED BY CIRCUIT COURT OF LAFAYETTE COUNTY DUE TO
ISSUES OF CONTEMPT AND ATTY FEES FOR HIS NON PYMT OF HIS OBLIGATIONS AS WELL AS NON PYMT
OF HIS SHARE OF UNREIMBURSED MEDICAL, DENTAL, VISION AND EXTRACURRICULAR ACTIVITIES FOR
CHILDREN. ALSO ISSUES OF HIS NONPYMT OF CERTAIN CREDIT CARD DEBTS AND ORDER TO INDEMNIFY
LORI BARNETT AND HOLD HER HARMLESS. CONTEMPT AND ATTY FEES ARE AT ISSUE ON THAT ALSO.
EVEN IF CHILD SUPPORT EVENTUALLY LOWERED, AMT HE IS PROPOSING TO PAY OUTSIDE PLAN FOR
ONGOING MO OBLIGATIONS IS NOT ENUF TO PAY EACH ONGOING MO OBLIGATION IN FULL DURING
PLAN
PLAN ALSO VIOLATES 1322(a)(2) IN THAT IT DOE SNOT PROVIDE FOR FULL PYMT OF ALL CLMS ENTITLED
TO PRIROITY UNDER 507. LORI BARNETT HOLDER OF DSO CLAIMS FOR SIGNIFICANT CHILD SUPPORT
ARREARS AND MAINTENANCE ARREARS AND DSO CLMS FOR UNREIMBURSED MEDICAL, DENTAL, VISION
AND EXTRACURRICULAR ACTIVITIES EXPS FOR MINOR CHILDREN THAT TOTAL OVER $110K.
CREDITOR LORI BARNETT DOES NOT AGREE TO DIFFERENT TREATMENT OF THOSE CLAIMS.
OTC filed by NFM: PLAN DOES NOT PROVIDE FOR PAYMENT OF NFM CLAIM. NFM BELIEVES
CLAIM SHD BE ALLOWED AS $2319.31 SECURED AND $4367.17 GU.
Somers docket
May 15, 2015, 10:30 a.m.
15-20583 Leonard C Calhoun
David A. Reed
Chapter 13 Plan
CONFIRM
Somers docket
May 15, 2015, 10:30 a.m.
15-20586 Lynne Marie Taylor
Hilliard L Moore
Chapter 13 Plan
341 cont to 6/3/15 for rtns.
Somers docket
May 15, 2015, 10:30 a.m.
15-20588 Raul Galvan Campos and Margarita Mendoza Galvan
Jeremiah R Jones
Chapter 13 Plan
**cont to 6/19/15 by agreement of parties**
Plan needs to be amended to address HUD / 2nd mortgage that occurred when loan
mod completed in May 2014.
OTC filed by Consumer Portfolio - car value
5/6/15 Email from DA: Amended plan to be filed.
Somers docket
May 15, 2015, 10:30 a.m.
15-20595 Toni R Tabbert
Cassie Pfannenstiel Rodriguez
Chapter 13 Plan
CONFIRM
Somers docket
May 15, 2015, 10:30 a.m.
15-20596 Scott Andrew Zauke
Keith A Wellman
Chapter 13 Plan
CONFIRM

10-20768 Jeffrey Wayne McGuirk and Carolyn Lynn McGuirk Judge

Transcription

Similar documents

THIRD ANNUAL 5K TRAIL RUN 1-MILE FAMILY FUN RUN Sunday

McNaughton`s Garden Center

STEVEN SATER Music by DUNCAN SHEIK

Student Registration Packet - Somers Central School District

PTO MOHEGAN SUN Jan 2015-2

Federal Register/Vol. 79, No. 249/Tuesday, December 30, 2014

1973-74 Cruise Book

Comedy Night Flyer 2015