Pre-Conf/Dismissal Judge Jeffrey P. Norman, Houston 08/19 ... · FILED 1/24/2020, DOC. #29 AMENDED MOTION TO DISMISS FILED 2/4/2020, DOC. #30 Debtor failed to provide sufficient information

Pre-Conf/DismissalJudge Jeffrey P. Norman, Houston

William E. Heitkamp, TrusteeJuly 22, 2020 9:30 am Highlighted = H Claims

Reset Dates:08/19/202009/23/202010/21/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

9:30 am

CRAIG HENRY MILLS

$5,300.00EFT

$0.00 20-31195

1 Reset 0.00 Mos 6/22/20

$5,300.002/21/20

ACOSTA, ALEX OCONFIRMATION HEARINGPlan #37 filed on 5/19/2020 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 5/19/2020 doc. #37

C4 - Confirmation Order for 100% Plans

5 of 44

DAIRA ISABEL ALVARADO$1,460.00

EFT

($1,460.00)20-32364

0 Resets -1.00 Mos 7/7/20

$730.004/29/20

AGUINAGA, JESSECONFIRMATION HEARINGPlan #48 filed 7/14/2020 works, paying 61.64% to the general unsecured creditors.

Recommend confirmation of the plan filed 7/14/2020, doc. #48.

3 of 60

REBECCA and TREVI BILES

$100.00EFT

($8,410.00)19-34506

6 Resets -84.10 Mos 7/16/20$100.00

8/9/19

BAIR, THOMAS ECONFIRMATION HEARING MOTION TO DISMISS FILED 10/23/2019, DOC. #23Trustee did not receive the Debtor's June payment and has received only $200 in

the month of July. Debtor has failed to comply with the Order at Docket #43 which orders debtor to make additional adequate protection payments of $1,600 to be

held in suspense by Trustee.

Plan #15 filed 9/20/2019 fails to address $1,600 monthly rental payments required to be tendered to trustee per Order #43. Schedules fail to disclose an interest in

the property that is the subject of the adversary.

Adversary case 19-03689 filed by Debtor alleges foreclosure was improper as to the residence at 519 Railey St. Agreed Order at docket #43 enforces automatic

stay until the adversary is resolved by final order. Order #43 also orders debtor to make adequate protection payments of $1,600 to be held in suspense by Trustee pending further order. Trial for Adversary case #19-03689 is set for 12/7/2020 at

9:30 AM.

Courtroom Minutes from the Hearing held on 6/8/2020 indicated the Plan was to be amended and a Proposed Interim confirmation order could be filed prior to

hearing. Plan has not been amended.

Trustee does not recommend confirmation

11 of 60

Printed Friday, July 17, 2020 @ 10:40 amHrg_List_Matter_Judge_Jeffrey P. Norman_all_5-2018 Page 1 of 21



Reset Dates:08/19/202009/23/202010/21/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:30 am

Debtor has "Unknown" value listed for potential claims for wrongful termination, medical malpractice, and wrongful foreclosure. If confirmed, Trustee requests a C3

Confirmation order for the non-exempt proceeds.

CORY and MISTY BARCOMB$2,400.00

WO

$322.06 19-36670

4 Resets 0.13 Mos 7/7/20

$1,152.0912/2/19

BAIR, THOMAS ECONFIRMATION HEARINGMOTION TO DISMISS

FILED 1/24/2020, DOC. #29AMENDED MOTION TO DISMISS

FILED 2/4/2020, DOC. #30Debtor failed to provide sufficient information to substantiate the income on Form

122C and thus Trustee is unable to determine whether the plan meets the requirements of 1325(b).

Trustee alleges Schedule I is inaccurate as it fails to list Debtors' tenure and correct gross income, which is currently understated.

Plan #56 filed 5/19/2020 fails to provide for Freedom Mortgage's Notice of Payment Change effective 8/2020 in the amount of $1477.54.

Trustee does not recommend.

7 of 60

CARLOS and RAQUEL GARCIA

$3,110.00EFT

$6,221.00 20-30884

3 Resets 2.00 Mos 3/2/20

$3,650.002/3/20

BAKER, REESE WCONFIRMATION HEARINGMOTION TO DISMISS

FILED 3/18/2020, DOC. #32Debtor is delinquent two (2) payments through July 2020 totaling $6221. Debtors'

plan requires payment sooner than the time frame allowed by 1326(a)(1).

Amended IRS claim #7 filed 5/11/2020 reflects an unfiled tax return for the year 2019. Trustee received a signed copy of the 2019 tax return on 5/19/2020, which

reflects a $33 refund. Plan #43 filed 5/19/2020 fails to provide any treatment for the IRS. IRS claim has not been amended to reflect the 2019 return as filed.

Plan proposes to surrender National Auto Lenders' 2015 Ford F350; however, the creditor is scheduled as an unsecured creditor in the amount of $51,060

deficiency balance pursuant to Schedule F, doc. #20

Plan fails to fully provide for Leroy and Jill Wilkerson's mortgage arrearage claim (Claim $2471.63; Plan $1793.69).

Recommend Dismissal.

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# of R/S

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Last Rcpt


Case Disposition

Attorney

9:30 am

Objection to Confirmation filed by Credit Acceptance Corp. on 3/17/2020, doc. #29 regarding 2014 Toyota Tundra, arguing bad faith and contract rate of interest.

Second Objection to Confirmation filed by Credit Acceptance Corporation on 5/26/2020, doc. #52 regarding 2014 Toyota Tundra, arguing Debtor filed

bankruptcy before the first payment was due on the vehicle, contract rate of interest and bad faith.

MELISSA MELASKY$2,200.00

EFT

$0.00 20-30915

2 Resets 0.00 Mos 7/6/20

$2,200.002/3/20


FILED 3/18/2020, DOC. #26Trustee alleges Schedules I and J are inaccurate as they fail to show Debtor's

gross income and wage deducted expenses.

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

Plan #20 filed 3/6/2020 fails to fully provide for PHH Mortgage's principal residence ongoing mortgage claim (Claim $1721.39 months 1-4 and $1653.90 months 5-60)

and mortgage arrearage claim (Claim $13,477.22; Plan $13,107.92).

Plan fails to provide for PHH Mortgage's Notice of Payment Change effective 7/20/2020 in the amount of $1653.90.

Objection to Confirmation filed by PHH Mortgage on 3/17/2020, doc. #24 regarding Debtor's principal residence, arguing the plan does not provide for its arrearage

claim and feasibility.

Debtor's Objection to PHH Mortgage’s Claim #4 is set for 8/12/2020 @ 1:30.

Trustee requests the Confirmation/Dismissal Hearings be continued to 8/19/2020 due to Claim Objection hearing set for 8/12/2020 @ 9:30.

5 of 60

JAMES and HELEN HURST

$1,175.00EFT

$2,350.00 20-30932

0 Resets 2.00 Mos 5/18/20

$1,175.002/4/20

BAKER, REESE WCONFIRMATION HEARINGPlan #55 filed 6/19/2020 works, paying 10.85% to the general unsecured creditors.


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Reset Dates:08/19/202009/23/202010/21/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:30 am

ANGELA BROOKS$1,875.00

EFT

($10.00)20-31158

2 Resets -0.01 Mos 7/7/20

$600.002/20/20


FILED 4/20/2020, DOC. #22Debtor 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 is a hairstylist who is operating a booth rental permit.

Plan #35 filed 6/2/2020 fails to list the principal residence address in paragraph 8C.

Plan fails to provide for Wells Fargo Bank's Notice of Post-Petition Mortgage Fees (Claim $400; Plan $0) for proof of claim and plan review fees.

Debtor failed to provide proof to substantiate the debt paid to Providence CAI through the plan. The tolled proof of claim deadline ran on 6/10/2020 and no claim

was filed, but Trustee will be required to make payment pursuant to the plan.

Trustee does not recommend Confirmation.

5 of 60

CLARENCE and ANGELIA HUNTER

$2,280.00 WO

$1,970.75 20-31512

1 Reset 0.86 Mos 7/17/20

$1,052.313/2/20



FILED 5/13/2020, DOC. #33Trustee alleges Schedule I is inaccurate as it fails to list the correct gross income,

which is understated.

Trustee alleges Debtor's Official Form 122C is inaccurate and thus the plan fails to comply with 1325(b).

Trustee alleges Plan #17 filed 3/13/2020 fails to provide all of Debtors' disposable income into the plan.

Plan fails to fully provide for the IRS's priority claim (Claim $26,984.77; Plan $18,000).

Plan fails to fully provide for Wells Fargo Bank's claim (Ongoing per POC: $873.37; Plan: $930.16; Arrears per POC: $2954.29; Plan $2004.69).


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Reset Dates:08/19/202009/23/202010/21/2020


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Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:30 am

Plan fails to fully provide for OneMain Financial's 910-day claim (Claim $14,449.56; Plan $14,023).

DARRYL MONTGOMERY

$4,830.00 WO

$1,089.34 20-31680

1 Reset 0.23 Mos 7/10/20

$1,114.623/10/20

BAKER, REESE WCONFIRMATION HEARINGPlan #27 filed 6/2/2020 works, paying 100% to the general unsecured creditors.

Plan is required to pay 100% pursuant to Official Form 122C requirements.

Recommend confirmation of the plan filed 06/02/2020, doc. #27. C4 Confirmation Order

4 of 59

CLIFFORD and RAQUEL WALKER

$2,835.00 WO

$0.00 20-32453

0 Resets 0.00 Mos 7/17/20$900.00

5/4/20


FILED 6/12/2020, DOC. #26Debtors' Schedules, SOFA and OF122C filed 6/8/2020, doc. #20 have not been

signed.

IRS claim #6 filed 5/15/2020 reflects unfiled tax returns for the year 2019. Trustee has received copies of both Debtors' tax returns for 2019 showing $2790 total

liability. The plan is over-providing for the IRS' priority claim (POC:8,652.67; Plan: 9,905.77).

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.

Plan provides for treatment of Wells Fargo's claim #15 in the amount of $2677.37 in Paragraph 11, but Wells Fargo has only filed an unsecured claim.

Republic Finance has filed two secured claims. It is unclear whether paragraph 15 addresses all collateral related to both claims.


2 of 60

HERBERT and MARCHELLE

WOODS$3,330.00

No Pmt info

$0.00 20-32612

0 Resets 0.00 Mos 7/10/20

$3,330.005/13/20


FILED 6/12/2020, DOC. #24IRS claim #9 filed 5/29/2020 reflects Debtors have not filed tax returns for the

years 2016-2019. Trustee has not received copies of the tax returns, except for their 2018 Tax Return, which shows a $7567 liability. Debtors' plan is


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Case Disposition

Attorney

9:30 am

over-providing for the IRS' priority claim.

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 not submitted to a reasonable examination of requested financial records by Trustee’s accountant.

Trustee alleges Schedule I is inaccurate as it fails to list the correct income, which is currently understated.

Trustee alleges Debtors' OF122C is inaccurate as thus the plan may not comply with 1325(b).

Plan #2 filed 5/13/2020 fails to list the correct applicable commitment period of 60 months.

Plan fails to fully provide for Bank of America's 1st lien claim (Ongoing per POC: $1369.16; Plan: $1400.97; Arrears per POC: $15,440.36; Plan: $12,150.55).

Plan fails to fully provide for Bank of America's (rental property) claim (Ongoing POC: $363.76; Plan: $367.62; Arrears per POC: $837.50; Plan $439.06).

Plan fails to correctly provide for Specialized Loan Servicing's (rental property) 2nd lien claim (Ongoing per POC: $209.29; Plan: $239; Arrears per POC: $1219.03;

Plan $0).

Plan fails to fully provide for West Place HOA's secured claim (Claim $1093.02; Plan $344.66).

Objection to Confirmation filed by Bank of America on 5/21/2020, doc. #15 regarding 8915 Fondren Village Drive, arguing the plan does not provide for the

arrearage proof of claim and feasibility.

Objection to Confirmation filed by Specialized Loan Servicing regarding 38638 Printed Friday, July 17, 2020 @ 10:40 amHrg_List_Matter_Judge_Jeffrey P. Norman_all_5-2018 Page 6 of 21



Reset Dates:08/19/202009/23/202010/21/2020


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Case #

Last Rcpt


Case Disposition

Attorney

9:30 am

Marshall Street, arguing the plan does not provide for their claim.

BRUNO AMATO$1,950.00

WO

($6,053.79)19-35341

5 Resets -3.10 Mos 7/9/20

$900.009/25/19

BLACK, J THOMASCONFIRMATION HEARINGMOTION TO DISMISS

FILED 11/15/2019, DOC. #28Plan #75 filed 6/17/2020 fails to either fully provide for Lakeview Loan Servicing's

proof of claim or attach a fully executed loan modification as Exhibit B incorporating the skipped and reduced payments set forth in the plan.

Plan proposes to surrender Capital One Auto Finance's 2018 Chrysler Pacifica; however, the creditor's deficiency claim is classified as unsecured. Creditor has

not filed a secured claim in this case.

Plan is misleading as it purports to pay 100% to the general unsecured creditors, but actually pays approximately 6.63%.


10 of 36

KEVIN LYNN HOWARD and

PAMELA WIMBUSH EDMONDS$4,800.00EFT WO

$2,953.83 20-30003

4 Resets 0.62 Mos 7/17/20$692.31

1/2/20

BLACK, J THOMASCONFIRMATION HEARINGPlan #64 filed 6/16/2020 works, paying 100% to the general unsecured creditors.

Recommend confirmation of the plan filed 06/16/2020, doc. #64. 100% Confirmation Order

6 of 60

JOSE CESAR MOLINA

$3,575.00EFT

$0.00 20-32075

1 Reset 0.00 Mos 7/13/20

$3,575.004/6/20

BLACK, J THOMASCONFIRMATION HEARINGPlan #39 filed on 6/17/2020 works, paying 0.490% to the general unsecured

creditors.

Recommend confirmation of the plan filed 6/17/2020 doc. #393 of 60

DEONICA N HARRIS

$1,690.00 WO

$0.00 20-32397

0 Resets 0.00 Mos 7/6/20

$845.004/30/20

BRYEANS, DONALDCONFIRMATION HEARINGMOTION TO DISMISS

FILED 5/28/2020, DOC. #21Plan #2 filed 4/30/2020 proposes to credit the entire escrowed mortgage payment

towards principal and interest in Paragraph 8. Debtor has a lender established escrow pursuant to Citimortgage's proof of claim.

Plan fails to fully provide for Citimortgage's claim (Ongoing per POC: $825.53; Plan


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Case Disposition

Attorney

9:30 am

$881.40; Arrearage per POC: $16,210.69; Plan $13,441.30).

RONDA G HUFFMAN

$785.00EFT

($2.00)20-32428

0 Resets 0.00 Mos 7/7/20

$786.005/1/20

BRYEANS, DONALDCONFIRMATION HEARINGPlan #32 filed 7/16/2020 works, paying 6.51% to the general unsecured creditors.

Recommend Confirmation of the Plan filed 7/16/2020, doc. #32.

2 of 60

JOHN and ALIONA SYKOUDIS

$500.00EFT

$1,150.00 19-35349

5 Resets 2.30 Mos 3/3/20

$1,350.009/26/19

BURGER, JOHN VCONFIRMATION HEARINGMOTION TO DISMISS


FILED 1/16/2020, DOC. #45Debtors' Petition fails to list the EIN numbers for each of their 5 businesses.

Debtors have failed to provide Trustee with proof of income to substantiate the income amounts listed on Schedule I and Debtors' Official Form 122C.

Plan #69 filed 5/14/2020 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.

Paragraph 10 of Plan #69 is incomplete as the Contract Rate of interest has not been provided on Santander's (17%), Millennial Capital Management's (10%), SPS'

(6%), and Quicksilver's claims.

Paragraph #10 of the Plan is incomplete as the Date Last Payment is Due has not been provided on Santander's, Millennial Capital Management's, SPS', and

Quicksilver's claims.

Debtor is proposing to pay Santander direct for a claim with an excessive contractual interest rate of 17% at the expense of general unsecured creditors.

Debtor is proposing to pay Millennial Capital Management direct; however, the proof of claim lists an arrearage amount of $292,313.10.

Debtor is proposing to pay Quicksilver Capital LLC direct; however, the creditor is not listed on Schedule D and did not file a claim. Trustee does not have a valid

Trustee requests Confirmation/Dismissal Hearings be continued to 8/19/2020 @ 9:30 due to Debtors' Claim Objections against Luxury Marble & Stone and Moses Jeielowo set for evidentiary hearing on 7/31/2020 @ 9:30.

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Case Disposition

Attorney

9:30 am

address for this creditor and cannot confirm whether it received notice of the bankruptcy or the plan.

Debtors may not be ineligible for chapter 13 relief as their filed unsecured claims total $642,308.45.

Creditor Hansa Granite and Marble's filed its Joinder in Trustee's Objection to Confirmation and Motion to Dismiss on 11/29/2019 #30.

Objection to Confirmation filed by Texas Comptroller of Public Accounts filed 2/20/2020, doc. #54 arguing the plan does not provide for their claim(s). Resolved

per Proposed Agreed Order #70.

Debtors' Claim Objections against Luxury Marble & Stone and Moses Jeielowo are set for evidentiary hearing on 7/31/2020 @ 9:30.

KAI WATSON$3,600.00

WO

($150.00)20-31763

1 Reset -0.04 Mos 7/7/20

$1,250.003/16/20

BURGER, JOHN VCONFIRMATION HEARINGPlan #50 filed 6/25/2020 works, paying 14.55% to the general unsecured creditors.

Recommend confirmation of the Plan filed 6/25/2020, doc. #50.

4 of 60

EMMITT L KIRBY JR$2,000.00

EFT

$0.00 20-32492

0 Resets 0.00 Mos 7/10/20

$2,000.005/6/20

BURGER, JOHN VCONFIRMATION HEARINGMOTION TO DISMISS

FILED 6/12/2020, DOC. #35Debtor has not submitted to a reasonable examination of requested financial

records by Trustee’s accountant.

Based on the pro-rata treatments to Freedom Truck Finance and Mack Financial, the Plan fails to provide sufficient adequate protection on the vehicles.

The two (2) properties located at 7802 Lynette, lot 0, and 7802 Lynette, lots 1-2 are not generating any income and thus Trustee argues not necessary for the

support of Debtor or Debtor's dependents.

Freedom Truck Finance, LLC's Objection to Confirmation of Amended Plan Concerning Treatment of Claim Secured by a 2014 Freightliner Cascadi


2 of 60




Reset Dates:08/19/202009/23/202010/21/2020


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Debtor(s)

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Case #

Last Rcpt


Case Disposition

Attorney

9:30 am

CA125SLP filed on 7/7/2020, doc. #45, arguing replacement value and failure to provide equal monthly payments.

Mack Financial Services' Objection to Confirmation filed by 7/15/2020, doc. #47 regarding a direct loan contract with Aggressive Waste Disposable, Inc. for the

financing of a 2015 Mack GG. Creditor argues the collateral is not the property of the estate and the plan is not proposed in good faith.

ELESKA MICHELLE MOORE$525.00

EFT

($525.00)20-31926

1 Reset -1.00 Mos 7/8/20

$525.003/25/20

CAVANAUGH, JOSHUA THOMAS

CONFIRMATION HEARINGMOTION TO DISMISS

FILED 5/5/2020, DOC #16Plan #22 filed on 6/5/2020 works, paying 3.057% to the general unsecured

creditors.

Based on the pro-rata treatment to Capitol Credit Union, the Plan fails to provide sufficient adequate protection on the vehicle.


4 of 60

MICHAEL JERONE CLAYBORNE

$367.10 ACH

$43.40 20-31653

1 Reset 0.12 Mos 7/7/20

$475.003/9/20

DAVIS-SMITH, SHELLY M


FILED 4/23/2020, DOC. #24Based on NADA value ($8575) as required by Order #4, the Plan does not provide

sufficient adequate protection to NCP Finance.


4 of 60

EILEEN EL MINA BONDS$755.00 ACH

$755.00 20-32164

0 Resets 1.00 Mos 6/23/20$750.00

4/15/20

DEASON, SHEILA KCONFIRMATION HEARINGMOTION TO DISMISS

FILED 5/18/2020, DOC. #28Plan #31 filed 7/2/2020 is misleading as it appears to pay a higher claim amount

to Vanderbilt Mortgage for a mobile home in Paragraph 11 despite Trustee’s obligation to pay the lower value amount. Paragraph 1B is checked.


3 of 60

ROBERT and JACQUELINE H

MALKA$500.00

No Pmt info

$1,000.00 19-36439

2 Resets 2.00 Mos 7/7/20

$250.0011/18/19

FERGUSON, JAMES T


FILED 1/22/2020, DOC. #19Debtor is delinquent two (2) payments through June 2020 totaling $1000 with next

payment due 7/18/2020.

Plan #9 filed 11/21/2019 indicates paragraph 1B is applicable, however, the plan does not contain any corresponding treatment.


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Reset Dates:08/19/202009/23/202010/21/2020


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Debtor(s)

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Last Rcpt


Case Disposition

Attorney

9:30 am

Plan fails to provide for the IRS' priority claim (Claim $8108.50; Plan $0).

JAMES L. DOVER$2,300.00

EFT

$0.00 20-31783

1 Reset 0.00 Mos 7/16/20

$2,300.003/17/20

FERGUSON, JAMES T

CONFIRMATION HEARING MOTION TO DISMISS FILED 5/15/2020, DOC. #29Plan #32 filed 6/5/2020 fails to fully provide for the claim of NationStar Mortgage for

the ongoing mortgage payment. Plan is proposing to begin ongoing mortgage payments in month 3 and shows the total ongoing payment amount to be pro-rata.

IRS claim #2 filed 5/4/2020 shows an unfiled tax return for the year 2016 and reflects a priority claim amount of $12,597.08. Trustee has received a copy of this

return showing a liability of $579. Plan #32 is providing $579 for th IRS priority claim.

Debtor has failed to provide Trustee with proof of business income and expenses.

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

Trustee alleges the Applicable Commitment Period listed in Paragraph 4 is incorrect.

Debtor filed their response to the Trustee's Motion to Dismiss on 6/5/2020 at docket #31.

Debtor has $26,090 in non-exempt property. Bar date has passed and $6,995.77 in unsecured claims have been filed. If Confirmed Trustee requests a C4

Confirmation Order due to non-exempt property.


4 of 60

GARY VANG and ONG THAO$1,175.00

WO

($451.93)20-32403

0 Resets -0.38 Mos 7/10/20$542.31

4/30/20

FERGUSON, JAMES T

CONFIRMATION HEARING MOTION TO DISMISS FILED 6/23/2020, DOC. #27IRS claim #3 filed 5/26/2020 shows an unfiled tax return for the year 2019 for Debtor 1 and reflects a priority claim amount of $8,479.16. Trustee has not

received a copy of this return. Trustee has received a copy of Debtor 2's 2019 tax return, which was filed separately. Plan #2 filed 4/30/2020 fails to provide any

treatment for the IRS.

Plan #2 filed 4/30/2020 fails to provide for the secured claims filed by Conn's in the amount of $360.52 and $797.90 (court claims #11 and #14 respectively).


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Attorney

9:30 am

Objection to Confirmation filed by Capital One Auto Finance on 6/3/2020 at docket #25. Objection alleges the value of the 2015 Toyota Sienna is $18,600. Plan #2

filed 4/30/2020 is paying a collateral value of $15,500.

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

Trustee alleges Schedule I is inaccurate as Debtor 2's income appears to be understated.

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 proof of the $1,150 budgeted expense for Childcare and children's education as well as the $330 charitable contributions.

TIMOTHY L MORRIS$3,000.00

No Pmt info

$6,000.00 20-32449

0 Resets 2.00 Mos 1/1/00$0.00

5/4/20

FERGUSON, JAMES T



FILED 6/25/2020, DOC. #25Payment has not been received in this case.

IRS claim #20 filed 7/15/2020 reflects Debtor has not filed a tax return for the years 2017-2019. Trustee has not received copies of the tax returns for 2017-2019.

Debtor has failed to implement a wage deduction order or EFT/ACH authorization as required by Local Bankruptcy Rule 1007-1(c).

Plan #2 filed 5/4/2020 is not feasible. Debtor's projected disposable income is negative; therefore, he cannot afford his plan payment.

Plan fails to fully provide for PHH Mortgage's claim (Ongoing per POC: $1674.92; Plan: $1671.70; Arrearage per POC: $48,133.93; Plan: $37,201).


2 of 60




Reset Dates:08/19/202009/23/202010/21/2020


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Debtor(s)

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Case Disposition

Attorney

9:30 am

Plan fails to fully provide for Lake Olympia CAI's secured claim (Claim $5364.15; Plan $2500) and proposes treatment under Paragraph #11 despite being secured

solely by Debtor's principal residence.

Plan fails to provide for Freedom Truck Finance's 910 claim for a 2012 Freightliner (Claim $44,442.79; Plan $0).

Objection to Confirmation filed by PHH Mortgage on 5/13/2020, doc. #14 regarding 1711 Mustang Xing, arguing the plan fails to provide for their claim and feasibility.

SHARON Z. BOYAH$1,500.00

WO

$346.50 20-32071

0 Resets 0.23 Mos 7/15/20$692.25

4/5/20

FUERST, JACK NCONFIRMATION HEARINGMOTION TO DISMISS


FILED 6/25/2020, DOC. #28Plan #32 filed 7/14/2020 works, paying 6.6% to the general unsecured creditors.

IRS claim #19 filed 6/16/2020 reflects Debtor has not filed a tax return for the year 2019. Trustee has received a copy of the 2019 tax return, which shows a $1049

refund. Plan #32 provides for the IRS' priority claim ($801.60). IRS has not amended the claim.


3 of 60

TOMAS and GLORIA GONZALEZ

$285.00 WO

$43.84 20-32411

0 Resets 0.15 Mos 7/16/20$65.77

4/30/20

GILPIN, PATRICK JCONFIRMATION HEARINGPlan #30 filed 7/14/2020 works, paying 3.071% to the general unsecured crediors.


3 of 60

LETICIA VELEZ SOLIZ

$900.00EFT

$0.00 20-31847

1 Reset 0.00 Mos 6/16/20$900.00

3/19/20

GREENE, LIZACONFIRMATION HEARINGPlan #44 filed on 7/10/2020 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.



4 of 48




Reset Dates:08/19/202009/23/202010/21/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:30 am

JOVAN ALVAREZ$600.00 ACH

$0.00 19-37072

3 Resets 0.00 Mos 6/23/20$600.00

12/30/19

GUZMAN, ELOISE ACONFIRMATION HEARINGMOTION TO DISMISS

FILED 2/20/2020, DOC. #26Plan #33 filed 3/23/2020 is proposing to pay for a lease for a 2012 Freightliner to

Wholesale Truck & Finance as a cram down through the plan; however, the creditor filed an unsecured claim with a $1644.50 cure default amount.

Objection to Confirmation filed by Wholesale Truck and Finance, doc. #36 regarding a 2012 Freightliner Cascadia for 39 months paying $1396.08/mo. Debtor is delinquent $4735.50. No post-petition payments have been made. Debtor has

classified WT&F's unsecured claim as "secured" in the plan.

Debtor's Objection to Wholesale Truck and Finance's Claim #1 was overruled via Court Order #58. The contract was deemed a lease, not a security agreement.


7 of 60

JOSH ANDREW RENTAS$2,010.00

WO

$1,546.17 20-31083

1 Reset 0.77 Mos 7/6/20

$927.692/14/20

GUZMAN, ELOISE ACONFIRMATION HEARINGPlan #45 filed 7/10/2020 works, paying 6.699% to the general unsecured creditors.


5 of 60

KELVIN ANDERSON and MONICA BANKS

$1,025.00 WO

($815.42)20-31148

2 Resets -0.80 Mos 7/16/20$473.08

2/19/20

GUZMAN, ELOISE ACONFIRMATION HEARING AND TRUSTEE'S OBJECTION TO CONFIRMATION AND MOTION TO DISMISS FILED 4/22/2020, #26.

IRS claim #10 filed 3/30/2020 reflects Debtor has not filed a tax return for the years 2016 - 2019 and estimates a priority claim amount of $39,221.71. Trustee

has received a copy of the tax returns for the respective years showing a liability of $12,138. Plan #28 filed 5/5/2020 is providing for a priority claim of $12,138.

Hearing on Objection to IRS Proof of Claim was continued to 8/12/2020 at 01:30 PM.

Debtor filed their Response to Trustee's Motion to Dismiss filed on 5/14/20 at docket #35.

Trustee requests the Confirmation/Dismissal Hearings be continued to 8/19/2020 @ 9:30 for claim objection to be resolved.

5 of 60




Reset Dates:08/19/202009/23/202010/21/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:30 am

RUBEN GONZALEZ, JR.

$2,340.00EFT

$4,620.00 20-31320

1 Reset 1.97 Mos 5/11/20

$2,340.002/27/20

GUZMAN, ELOISE ACONFIRMATION HEARINGMOTION TO DISMISS

FILED 4/3/2020, DOC #33AMENDED MOTION TO DISMISS

FILED 7/14/2020, DOC #58Debtor is delinquent 2 payments through 6/28/2020 totaling $4620.00.

Plan #44 filed on 5/8/2020 works, paying 13.153% to the general unsecured creditors.


5 of 60

SEFERINO RODRIGUEZ, JR.

and SILVIA RODRIGUEZ

$1,000.00 WO

$76.92 20-31641

1 Reset 0.08 Mos 7/6/20

$1,000.003/6/20

GUZMAN, ELOISE ACONFIRMATION HEARING MOTION TO DISMISS FILED 5/15/2020, DOC. #27Plan #29 filed 6/4/2020 proposes to pay Wells Fargo Home Mortgage direct in

paragraph 10. Wells Fargo filed their proof of claim #7 showing arrears of $1,360.08, which includes $606.77 in principal and interest. Trustee alleges that

given the default, the claim should be provided for through the plan.


4 of 60

TIFFANY A. GLYNN$2,453.00

WO

$4,444.36 20-32057

1 Reset 1.81 Mos 6/23/20

$1,686.644/3/20

HOFF, JESSICA LCONFIRMATION HEARINGMOTION TO DISMISS


FILED 7/14/2020, DOC #37Debtor is delinquent 1.8 payment through 7/3/2020 totaling $4,444.36.

Plan #29 filed on 6/7/2020 fails to provide for treatment for IRS priority claim #2 filed on 4/22/20 for the amount of $16,414.56 for a 2016 tax year liability.

Plan does not provide for the notice of post-petition fee claim of US Bank Home Mortgage in the amount of $200.00 for Proof of Claim fees.


3 of 60

DORENA MARINO$2,740.00

No Pmt info

($1,097.37)20-30128

3 Resets -0.40 Mos 7/16/20

$2,740.001/6/20

HYDE, JACOB BRUCE



FILED 4/16/2020, DO #31Plan #42 filed on 5/25/2020 fails to fully provide for the claim of Regions Bank

(Arrears per POC: $34,751.54, Plan $21,376.80).


6 of 60




Reset Dates:08/19/202009/23/202010/21/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:30 am

Plan does not provide for the notice of post-petition fee claim of Regions Bank in the amount of $950.00 for attorney’s fees and Proof of Claim fees.

Plan schedules the Internal Revenue Service as a priority creditor in the amount of $1453.26. Internal Revenue Service has not filed a claim, but Trustee will be

required to pay this unsecured claim if no claim is filed per the terms of the plan. Non governmental bar date is 8/17/2020.

Debtor has failed to provide Trustee with proof of business income and expenses for the six months prior to filing as well as proof of current income.

TONY F HENDERSON

$3,300.00EFT

$2,393.00 20-30203

4 Resets 0.73 Mos 7/2/20

$3,300.001/10/20

JONES III, NELSON MCONFIRMATION HEARINGPlan #61 filed 6/3/2020 works, paying 100% to the general unsecured creditors.

Plan must remain 100% due to disposable income. Trustee requests a C4 Confirmation Order for 100% Plans.



6 of 60

DEONDRAS DELANE HAGAN

$2,950.00 WO

$3,643.06 20-30928

2 Resets 1.23 Mos 7/10/20$752.31

2/4/20

KEELING, KENNETH A

CONFIRMATION HEARING MOTION TO DISMISS FILED 3/18/2020, DOC. #37Debtor is delinquent 1.2 payments through July totaling $3,643.06.

Trustee alleges schedule I is inaccurate. Per Testimony at the meeting of creditors, the non-filing spouse is no longer working at Mac Haik and has filed for

unemployment. Debtor's income has also been reduced.

Plan # 53 filed 4/24/2020 proposes to provide for treatment of Capital One Auto Finance’s claim in Paragraph #11 despite the 2016 Nissan Altima having been

purchased within 910 days of the petition date. Objection to Confirmation filed by Capital One on 6/8/2020 at docket #64. Creditor is also Objecting to the plan

interest rate of 2.35%.

Plan proposes to pay attorney $150 notice of Fees for Emergency payment reduction. Trustee argues that the attorney is ineligible for the fee (doc #58).


5 of 60




Reset Dates:08/19/202009/23/202010/21/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:30 am

MATILDE ELIZABETH

BROWN$1,045.00

WO

$810.28 20-31015

0 Resets 0.78 Mos 7/17/20$241.16

2/10/20

KEELING, KENNETH A

CONFIRMATION HEARING AND TRUSTEE'S OBJECTION TO CONFIRMATION AND MOTION TO DISMISS FILED 4/22/2020, #33.

Debtor filed Response to Trustee's Motion to Dismiss on 5/14/2020 at docket #41.

IRS claim #9 filed 5/4/2020 shows an unfiled tax return for the year 2018 and reflects a priority claim amount of $1,723.64. Trustee has received an unsigned

copy of this return on 3/5/2020 which reflects a refund of $6,985 owed to the Debtor. Plan #42 filed 5/14/2020 fails to provide any treatment for the IRS.

Trustee alleges Schedule J is inaccurate. Debtor has $2,350 budgeted for rental expense. Lease contract provided to the Trustee shows the Debtor's new monthly

rent payment is $1,775.

Plan summary #42 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 $9,991.89, when the total amount of timely filed general unsecured claims is $12,110.51.

Plan must remain 100% per Debtor’s Official Form 122C requirement of $39,748.80. Bar date is 6/1/2020. If Confirmed, Trustee requests a C4

Confirmation Order for 100% Plans.


5 of 53

JEANETTE JIMMERSON

$4,180.00 WO

($643.07)20-31453

1 Reset -0.15 Mos 7/9/20

$1,929.233/2/20

KEELING, KENNETH A

CONFIRMATION HEARINGPlan #38 filed 7/14/2020 works, paying 100% to all creditors.

Plan must remain 100% due to disposable income. Trustee requests a C4 Confirmation Order for 100% Plans.

Recommend confirmation of the plan filed 07/14/2020, doc. #38. C4 Confirmation Order

4 of 53

KAREN ELIZABETH MAYFIELD

$830.00 WO

($6.88)20-32103

0 Resets -0.01 Mos 7/6/20

$597.694/7/20

KEELING, KENNETH A

CONFIRMATION HEARINGPlan #36 filed on 7/15/2020 works, paying 3.240% to the general unsecured

creditors.

Objection to Confirmation of Plan # 31 Filed by The Bank of New York Mellon.

Recommend confirmation of the plan filed 7/15/2020 doc. #36 IF objection is withdrawn.

3 of 60




Reset Dates:08/19/202009/23/202010/21/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:30 am

BARRY BERNARD TILLIS

$100.00 WO

$300.00 20-32106

0 Resets 3.00 Mos 1/1/00$0.00

4/7/20

KEELING, KENNETH A



FILED 7/15/2020, DOC #35Debtor is delinquent 3 payments through July 7, 2020 totaling $300.00.

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 $500.00 to $100.00 for months 1-4, However, Debtor has not made any payments and the new payment increases to $600.00 beginning 9/7/2020. Further, Trustee

has not received proof of unemployment benefit income.

Plan #35 filed on 7/15/2020 works, paying 70.899% to the general unsecured creditors.

Debtor failed to provide proof to substantiate the amounts paid to Office of the Attorney General through the Plan. Creditor has not filed a claim and Trustee

must disburse according to plan.


3 of 60

SULAIMON LATEEF and JENE SHANTE

HAULCY$2,780.00

WO

($799.93)20-32284

0 Resets -0.29 Mos 7/14/20

$1,283.084/23/20

KEELING, KENNETH A

CONFIRMATION HEARINGPlan #35 filed 7/15/2020 works, paying 1.586% to the general unsecured creditors.


3 of 60

GUADALUPE AGUIRRE$1,165.00

WO

($630.80)20-32344

0 Resets -0.54 Mos 7/15/20$268.85

4/28/20

KEELING, KENNETH A

CONFIRMATION HEARING MOTION TO DISMISS FILED 6/23/2020, DOC. #31Plan #35 filed 7/16/2020 is now providing for the claim of Whitewind LLC in

paragraph 11 and is limiting the amount of creditor's secured claim based on valuation. creditor has not yet received proper noticing.

Plan works at 100%.

Trustee requests the Confirmation/Dismissal Hearings be continued to 8/19/2020 @ 9:30 for Noticing to Whitewind LLC

3 of 60




Reset Dates:08/19/202009/23/202010/21/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:30 am

PREZORIS DEMAKRO and KAREN LAZETT

OWENS$3,470.00

WO

$569.60 20-32436

0 Resets 0.16 Mos 7/1/20

$800.775/4/20

KEELING, KENNETH A

CONFIRMATION HEARING MOTION TO DISMISS FILED 6/23/2020, DOC. #32Debtor filed their Response to the Trustee's Motion to Dismiss on 7/16/2020 at

docket #35. Response states that Debtor intends to file amended schedules and an amended Plan prior to the hearing.

Plan #21 filed 5/13/2020 fails to provide for the secured claim filed by OneMain Financial in the amount of $13,852.26 for a 2008 Kia Spectra.

Plan fails to provide for the secured claim filed by First Tower Loan in the amount of $9,117.52.

IRS claim #7 filed 6/2/2020 shows an unfiled tax return for the year 2017 and reflects a priority claim amount of $500. Trustee received a copy of the Debtor's

2017 tax return on 7/16/2020 showing a refund of $1,000. Plan #21 filed 5/13/2020 fails to provide any treatment for the IRS.

Debtor has failed to provide Trustee with proof of income from Debtor's catering business Mississippi Soul ($249 net) or proof of the $1,000 contribution from the

Son and Daughter in law.

Trustee alleges schedule I is inaccurate. Trustee received a Notice of Termination of employment from Debtor 1's employer HeartLand Express effective 5/18.

Schedule I has not been amended to reflect.


2 of 60

KERMIT ANDRE and ANYA NECHELLE

MORGAN$4,275.00

WO

$2,284.57 20-32440

0 Resets 0.53 Mos 7/14/20$346.16

5/4/20

KEELING, KENNETH A

CONFIRMATION HEARING MOTION TO DISMISS FILED 6/23/2020, DOC. #30Debtor filed their Response to the Trustee's Motion to Dismiss on 7/16/2020 at

docket #32.

Plan #2 filed 5/4/2020 fails to fully provide for the claim of West Ranch Community Association (Plan:$2,500 POC:$5,181.98). Objection to Confirmation filed by West

Ranch Community Association at docket #31.

Plan is over-providing for the mortgage arrears claim of Rushmore Loan Management Services (Plan:$20,648.36 POC:$17,274.52).

Based on the pro-rata treatment to First Investor Financial Services and Texas


2 of 60




Reset Dates:08/19/202009/23/202010/21/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:30 am

Dow Employees Credit Union, the Plan fails to provide sufficient adequate protection on the vehicle.

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

Trustee alleges Debtor's Statement of Financial Affairs filed 5/4/2020 at docket #1 is incomplete as it fails to list Debtor's income for 2019.

Debtor has failed to provide Trustee with proof of income from Debtor 2's second job with Speech Masters/Chatterbox making $630.

JAHIR JOSUE HERNANDEZ

$3,510.00 WO

$3,510.00 20-31874

1 Reset 1.00 Mos 6/3/20

$1,700.003/20/20

KEMSLEY, ROD S.CONFIRMATION HEARING MOTION TO DISMISS FILED 5/15/2020, DOC. #35Debtor is delinquent 1 payment through June totaling $3,510 with next payment

due on 7/19. Debtor's wage order has not started paying.

Plan #54 filed 7/16/2020 is providing for the Notice of Postpetition Mortgage Fees in paragraph 8 as a total debt claim. Trustee believes these Fees should be

provided for under the Rule 3002.1(c) section of the existing mortgage claim for Nations Direct Mortgage.

Plan is now proposing to strip the lien of Imperial Oaks Park in paragraph 8C. A Notice of intent to strip lien Notice of intent to strip lien was filed on 7/16/2020 at

docket #53. Creditor has not yet received proper notice of their treatment as a stripped lien.

Debtor's Response to the Trustee's Motion to Dismiss was filed 6/3/2020 at docket #40.

Trustee requests the Confirmation/Dismissal Hearings be continued to 8/19/2020 @ 9:30 for Noticing on Stripped Lien.

4 of 60

KELESSA SUMMER BLUNK

$1,515.00EFT

($30.00)20-31592

1 Reset -0.02 Mos 7/13/20

$1,515.003/3/20

KIM, MIN GYUCONFIRMATION HEARINGMOTION TO DISMISS

FILED 5/21/2020, DOC. #30Debtor has failed to provide Trustee with proof of income to substantiate the

income amounts listed on Schedule I and Debtor’s Official Form 122C. Trustee needs proof of the non-filing spouse's income 6 months prior to filing to current,

which is the sole source of income funding the plan.


4 of 60




Reset Dates:08/19/202009/23/202010/21/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:30 am

Trustee alleges Schedule I is inaccurate as it fails to list the daughter's contribution for the 2013 Chevy Cruz.

Trustee alleges Schedule J is inaccurate as it fails to list self-employment taxes and the correct HOA reserve amount of $68.75.

Trustee alleges Debtor's Official Form 122C is inaccurate as thus the plan may not comply with 1325(b).

OMAR L NUHAILY$415.00

WO

$830.00 20-32323

0 Resets 2.00 Mos 1/1/00$0.00

4/27/20

KIM, MIN GYUCONFIRMATION HEARING MOTION TO DISMISS FILED 6/23/2020, DOC. #19Debtor is delinquent 2 payments through June totaling $830.00 with next payment

due 7/27/2020. Trustee has not received any payments for this case.

Plan #2 filed 4/27/2020 fails to fully provide for the IRS priority claim (Plan:$10,000 POC:$12,767).

Plan is misleading as it appears to pay a higher claim amount for Rulon Harper and Utah Title Loans 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.

Based on the pro-rata treatment to Rulon Harper and Utah Title Loans, the Plan fails to provide sufficient adequate protection on the vehicles.

Trustee alleges Debtor's schedule I is inaccurate. Trustee received a Notice of Termination of Employment from Ship Channel Constructors effective 5/5/20.

Debtor's schedule I has not been amended to reflect this change. Debtor has also failed to file a new Wage order or EFT/ACH authorization.

Debtor has $86,100 in non-exempt property listed due to pending lawsuit. If confirmed we will need to request a C3 Order for the non-exempt judgement

proceeds.

Trustee recommends dismissal

3 of 60


Documents

Pre-Conf/Dismissal Judge Jeffrey P. Norman, Houston 08/19 ... · FILED 1/24/2020, DOC. #29 AMENDED MOTION TO DISMISS FILED 2/4/2020, DOC. #30 Debtor failed to provide sufficient information