09-23622 Lisa Ann Rivera Judge: Robert D. Berger Sarah A. Sypher

Transcription

Berger PM Docket
March 17, 2015, 1:30 p.m.
09-23622 Lisa Ann Rivera
Judge: Robert D. Berger
Sarah A. Sypher
Motion for Dismissal for Failure to Make Plan Payments - LOF
**cont to 4/21/15 for tracking**
DQ = $2575 @ $1450/mo DP
Rec'd $3407.49 in Dec
$0 in Jan
$1775 in Feb
LOF - Need $1775/mo to complete w/in 67 months
PTP - US Bank @ $1207.05 DQ = $996.81
12/29 Resp: D DEFAULTED DUE TO REDUCTION IN INCOME. CASE IS CLOSE TO COMPLETION. D
INTENDS TO CURE DQ & COMPLETE CASE WITHIN 60 MNS.
1/5/15 Email from DA: she cured the default on the MTD.
Her case is close to completion. Can
we continue this to see if she can complete the case without an abatement, increase in pmts, etc.
3/12/15 Email from DA: It appears there are enough funds on hand to complete the case.
Please advise.
Per Lisa's notes, we still need approximately $3000 to complete the case (for the April and May on-going
mortgage payments).
Cont from Jan for tracking.
Berger PM Docket
March 17, 2015, 1:30 p.m.
09-23632 Douglas M Klein and Michelle K Klein
Jeffrey L. Wagoner and Jennifer E Packard
DQ = $1735.41 @ $1685/mo ($842.50 EP and DP)
Not making direct portion of plan pmt.
Rec'd $3777.70 in Feb ($3000 ePay pmt)
LOF - Need $1980/mo
2/20/15 Resp: Ds requested payoff from TTE.
2/20/15 Payoff = $4557 in cert funds by 3/20/15.
3/12/15 Email from DA offc: Could we continue this one for tracking?
through and due by 3/20.
Payoff is good
Berger PM Docket
March 17, 2015, 1:30 p.m.
09-24195 Matthew Alan Nickens and Wanda Faye Nickens
Sarah A. Sypher
Motion for Dismissal for Other - payoff $350
**w/drawn 3/13/15- payoff rec'd**
Berger PM Docket
March 17, 2015, 1:30 p.m.
10-20204 Karlton VanNorman and Lisa Kay VanNorman
Russell B. Cloon
Motion for Dismissal for Failure to Make Plan Payments
DQ = $1184.80 @ $360/mo EP
DQ over last several months.
Rec'd $83.08 in Feb (EP)
$186.16 in March (EP)
2/11/15 Resp: D laid off work for short period of time. Back to working full time.
Cure or abate.
Berger PM Docket
March 17, 2015, 1:30 p.m.
10-20511 Wayne Lee Murren
Russell B. Cloon
Order to Appear and Show Cause for failure to comply with the aforementioned Order of this Court. Party to Appear: Sears Holdings Corp
CURRENT @ $88/mo EP
Rec'd $121.86 in Sept (EP)
$88.31 in Oct (EP)
$68 in Nov (EP)
$372.65 in Dec (EP)
$182.79 in Jan (EP)
$81.24 in Feb
2/17/15 Email from DA: Distinguished opposing counsel and I appear to have resolved the
issues in this matter, and to give us time to memorialize the agreement, we would ask the
Trustee's agreement to continue this to the March docket. Please contact me if you have any
questions.
Berger PM Docket
March 17, 2015, 1:30 p.m.
10-20528 Jack Lee Russell
Patrick Wiesner
Motion for Relief from Stay regarding 18986 West 163rd Place. Filed on
behalf of Creditor Seterus, Inc.
POST PETITION DEFAULT IS CURRENTLY $1983.08 (DEC 2014, JAN AND FEB 2015). D ENTERED INTO
LOAN MOD AND WAS SUPPOSED TO BE PAYING THESE PAYMENTS DIRECTLY TO MORTGAGE CO.
3/6/15 Resp: DA HAS A CASHIER'S CHECK FROM D FOR $1983.08. DA IS WORKING WITH SETERUS'S
ATTY TO RESOLVE ANY FURTHER DEFICIENCY OR AMTS OWED.
Motion for Dismissal for Other - Failure to maintain post petition mortgage pmts.
DQ = $4800 @ $2400/mo DP
3/9/15 Resp: D’s counsel has received a cashier’s check from D for $1,983.08, to
apply tothe mortgage arrearage. D’s counsel is working with counsel for the
mortgage company, to resolve any further deficiency or amounts owed.
Berger PM Docket
March 17, 2015, 1:30 p.m.
10-21212 Tremica LePriece King
Jeannie M. Bobrink and Jeffrey A Koons and Jerome W Dubin
DQ = $560 @ $230/mo DP [abated $760 / thru Dec]
Rec'd $130 in Jan (money order). Last pmt rec'd before that was $115 in
Sept. Approx 3 pmts made in 2014.
Cont from Feb for employer pmt and order.
3/5/15 ORDER GRNTG MTN TO ABATE THE SUM OF $760; ADDL ATTY FEES $250 APPRVD & RETND TO
D.A. (NOTE: THIS ORDER APPRVD W/O DROP DEAD LANGUAGE SINCE THE T'S MTD IS ON THE 3/17/15
DKT. AFTER ABATING $760, DEBTOR IS STILL BEHIND BY $560--JUST A LITTLE OVER 2 MOS. SEE ABOVE
FORUM NOTES DATED 11/18/14 ALSO. EML TO CC TO CALL EMPLYR TO SEE IF THEY RECD WAGE ORDER
& ARE PYMTS BEING WITHHELD. GEO)
PER CALL TO IHOP @ 913-727-1111 AFTER PHONING THE ABOVE NUMBER (LISTED IN 12/15/2014
FORUM NOTES) I SPOKE TO THE DEBTOR AND SHE STATED THAT SHE DOES NOT GET A PAPER CHECK
SHE JUST GETS TIPS. AND WOULD BE REMITTING $330 FRIDAY. WELL, THEN I PHONED IHOP AND
SPOKE WITH MICHAEL THE MANAGER--HE CLEARLY SAID THAT NO ONE WORKS AT IHOP BY THAT
NAME. I WILL RELEASE THE EMPLOYER AND ISSUE THE ORDER TO THE DEBTOR. cThornton
3/11/15 Advised DA that D not working at IHOP. Asked if D employed.
Berger PM Docket
March 17, 2015, 1:30 p.m.
10-21593 Debora Ann Randolph
Tracy L. Robinson
Motion for Dismissal for Other pursuant to 11 U.S.C. 1307. Filed on behalf of
Creditor Quivira Falls Community Association
Current w/ TTE @ $2535/mo EP
SERVICES INCLUDE REMOVAL OF SNOW; MAINTAIN THE EXTERIOR OF DEBTOR'S RESIDENCE;
LANDSCAPING, LAWN, SHRUBS AND TREES; ITS AMENITIES INCLUDE PRIVATE STREETS, SWIMMING
POOL, CLUBHOUSE, TENNIS COURT AND GREEN AREAS. CURRENTLY, MTNLY ASSESSMENTS ARE
$207.03. ALSO SHE IS OBLIGATED TO PAY THEM FOR HER PORTION OF WATER AND WASTE WATER
SERVICES. DEBTOR HAS NOT PAID HOA ASSESSMENTS FOR NEARLY 2 YEARS.
3/11 Resp: Admits/denies
Berger PM Docket
March 17, 2015, 1:30 p.m.
10-22078 Valorie J Dukat
Camron L Hoorfar
DQ = $6,838 @ $2645/mo DP (increased in Dec 2014)
D has a history of not remitting full plan pmt / Drop dead?
Rec'd $2300 on 10/28/14.
$1200 in Jan
$2145 in Feb
LOF - Need $2248/mo - consents (Now need $2645--D consents)
PTP w/ IBM Lender @ $1402.37/mo - DQ = $6167.54
8/29/14 Resp: Employment changed. New job. Consents to the increase.
2/17/15 Email from DA: I will get with the Debtor and see how she plans on taking care of the remaining
arrearage.
Berger PM Docket
March 17, 2015, 1:30 p.m.
10-22379 Arvid Russell Larson and Sonya Lynette Larson
Patrick Wiesner
DQ = $4905 @ $2250/mo DP
Rec'd $1600 in Jan. Last pmt before that was Sept 2014
LOF - Need $2319/mo
PTP w/ Specialized @ $1221.25/mo / DQ = $2147.75
3/3 Resp: Debtors will cure the default by a motion to abate plan payment
arrearage through March 31, 2015. They will further file a motion to increase plan
payments, to address any issue regarding 11 U.S.C. §1322(d).
Berger PM Docket
March 17, 2015, 1:30 p.m.
10-22995 Jeffrey Alan Hoffmeier and Suzanne Hoffmeier
Kenneth M. Gay
DQ = $6097@ $1050/mo DP
Last pmt rec'd was Sept 2014.
12/22 Resp: D to be current by 4/30/15.
No info on how Ds will become current.
1/12/15 Email from DA:
I apologize for my tardiness in getting with you about this case but I just
heard back from my client. The Debtors just sent in a payment on January 9 and will make 6 extra
payments of $525.00 over January February and March to get current. The Debtors got behind because
Mr. was unemployed and has now been re-employed. The new job will allow them to get caught up.
Please continue the hearing until March.
Berger PM Docket
March 17, 2015, 1:30 p.m.
11-20837 David Dwayne Clark and Yana Beznovsky-Clark
Sarah A. Sypher
Motion for Relief from Stay regarding 12003 Reinhardt Drive. Filed on behalf
of Creditor Cenlar, F.S.B.
DQ = $675.48 @ $225/mo EP
DQ over life of plan.
DQ on property = $4868.45 (Sept - Nov 2014). Paid directly.
2/23 Resp: Believe current. Provided proof to creditor counsel.
Note: THIS IS RENTAL PROPERTY. IN 2011 WHEN CASE FILED D'S WERE CURRENT ON BOTH 1ST & 2ND
MORTGAGES.
3/12/15 Email from DA: Debtors disagree with default amount.
if we can’t get it resolved before the hearing.
We will request continuance
Berger PM Docket
March 17, 2015, 1:30 p.m.
11-21211 Melvin E Whisler and Jennifer M Caiharr-Whisler
Jeffrey L. Wagoner
Motion for Dismissal for Other - failure to maintain post pet mort pmts
**to be w/drawn. ds are surr home**
Berger PM Docket
March 17, 2015, 1:30 p.m.
11-21308 John Paul Williams
Steven R. Rebein
Motion for Relief from Stay 14088 W 130th Pl Olathe KS 66062. Filed on
behalf of Creditor U.S. Bank - current w/ TTE @ $1843/mo EP
D's are 5 payments @ $2,046.86, $850 MFR atty fees, $176 MFR atty costs,
suspense balance ($1,053.14) $10,207.16 total arrears.
12/17 Resp: Will attempt to bring the loan current prior to the hearing.
Cont from Jan & Feb by agreement of the parties.
Berger PM Docket
March 17, 2015, 1:30 p.m.
11-21322 Jessica Dawn Moore
Christopher R. Coons
DQ = $246.50 @ $50/mo DP
Last pmt rec'd was Nov 2014.
Poor pmt history.
2/11 Resp: Current or abate.
**paying only attorney fees**
Berger PM Docket
March 17, 2015, 1:30 p.m.
11-22062 Theona Alyce James
James W. Lusk
DQ = $920 @ $460/mo DP (increasing to $557/mo in March)
DQ over life of plan
LOF - Need $557/mo - consents
2/9/15 Resp: D will make online pmt on 2/27/15. Agrees to increase.
**paying car and NFM**
Berger PM Docket
March 17, 2015, 1:30 p.m.
11-22144 Earle Cline Smith and Kaye Marie Smith
Jeannie M. Bobrink and Jeffrey A Koons
Motion for Dismissal for Other - Current w/ TTE @ $1693/mo
The Ds' Plan will exceed the allotted five year limitation from confirmation. The
TTE calculates that the payment will need to increase to $3995.00 per month in
order for the Plan to complete within the five year limitation.
The plan should become a 100% plan due to excess disposable income as
evidenced in debtors' 2012 and 2013 income tax returns.
FYI - Ds income increased by $76k/year over the last two years.
Asked DA for amended budget/plan on 5/13/14. Advised that if not done, would
request bank statements.
Requested bank statements from Jan 2013 thru Sept 2014 on 10/3/14.
Objection to Claim Number 4-1 filed by Portfolio Recovery. Obj due 3/3/15.
No documentation provided. Fail to show ownership. Wants disallowed.
10/29/14 Payoff letter to DA: $106,050 good thru 11/15/14 as a 100% plan.
10/30/14 Email from DA: I got a response voicemail on the request for bank
statements. The Smiths are in Florida with grandkids so it will be awhile before I
can provide same. She suggested, and I was wondering, if she borrows from 401k
to pay it off would that be acceptable. I am looking at the proof of claims to see if
I can object to same -- Jeff did nothing -- and if she can lump sum after January we
may be able to resolve this whole issue. She did send me her paystubs -- which
show a decrease in pay -- do you want me to scan and send those for now?
Berger PM Docket
March 17, 2015, 1:30 p.m.
11/3/14 Email to DA after discussing w/ Andrea: We do not have an objection to
the debtor borrowing from her 401k to pay off the plan. You will just need to file
the appropriate motion. Please send over her current paystubs and send the bank
statements over whenever you receive them. Thank you/klf
1/7/15 Email from DA: she wants to payoff but I ran the claims Koons should have objected no
docs on major ones -- can I have one more continuance as I will file the objections to claims to reduce
the amount of payoff?
2/17/15 Email from DA: The wife wants this to go away and is willing to cash in the 401k to pay it
off. I objected to Portfolio but looking at the claims AMEX has me scared and I can't object because
Koons listed that dollar amount on his schedules.
Can you tell me the payoff on this case? and if they can pay it off -- she made approx. $127,000 last year
-- less than projected -- can they send a certified check.
2/18/15 Email to DA: If the objection to PRA's claim is sustained, the payoff would be $85,777.49.
Berger PM Docket
March 17, 2015, 1:30 p.m.
11-22462 Shirley Ann Bauman
Tracy L. Robinson
Motion for Relief from Stay 632 South Cherry Street, Olathe KS 66061. Filed
on behalf of Creditor BankUnited - current w/ TTE @ $50/mo DP
DQ = $6690.73 (8 pmts, MFR atty fees/costs/default letter)
2/25/15 Resp: Admits default. Disputes amount of DQ. Obtaining proof.
Motion for Dismissal for Other - default in post petition mortgage pmts.
2/25/15 Resp: Admits. Appt w/ counsel on 3/3/15 to review case and consider
options.
Berger PM Docket
March 17, 2015, 1:30 p.m.
11-22851 Antonio Love and Ronschall Gaulette Love
James W. Lusk
Motion for Post-Confirmation Amendment of Plan & Motion to Modify Plan
Payment (Decreasing Plan Payments)
$1850/mo EP / Abated thru March ($5590.50)
DEBTOR'S JOB WAS TERMINATED. DEBTOR WILL BE ON UNEMPLY FOR THE FORESEEABLE FUTURE. THEY
WANT TO DECREASE TO $700/MO STARTING IN APRIL AND STATES TO PAY NOTHING TO GNRL UNSEC.
TTE's Objection: The motion states that the Trustee will make no payments to
unsecured creditors. The Plan will pay a percentage to unsecured creditors even at
the lower Plan payment. The Trustee requests proof that the Debtors are making
$600 per month in charitable donations. The Trustee requests to be notified when
the Debtor becomes employed again and that pay stubs from the new job be
provided.
Berger PM Docket
March 17, 2015, 1:30 p.m.
11-23250 Charles Wade Brown and Lindsey Ann Brown
Karen S Maxcy
Motion for Dismissal for Failure to Make Plan Payments & Failure to stay
current on home mortgage.
DQ = pay off of $250
5/6/14 Response: Unexpected expenses and decreased income. In process of
modifying mortgage.
1/8/15 Email from DA offc: These folks thought their payment in December paid off the
case. Unfortunately they need to send in another $250 to pay off the case. We will call them
today and ask them to do so. Could we continue again?
2/19/15 Email from DA offc: It looks like they only owe about $350.00 to complete the plan.
May we get a short continuance to remind them to send that in? He has had open heart surgery and it
appears they have overlooked it.
3/12/15 Email from DA: They said they sent in $250-ish on Monday 3/9. I don't see it posted on
your website yet. This has dragged. What can we do?
3/13/15 Email to DA: Let's leave it on for now.
**paying attorney fees left in case**
Berger PM Docket
March 17, 2015, 1:30 p.m.
11-23632 Jerry L. Bailey and Iceola Bailey
David A. Reed
DQ = $2327 @ $1050/mo DP
LOF - Need $1091
2/23/15 Resp: Ds paid $1050 on 2/3/15. MTA to be filed. Does not address the
LOF.
MTA thru Feb 2015 filed. Obj due 3/16/15.
3/2/15 Email to DA: David - does your client consent to the increase?
Berger PM Docket
March 17, 2015, 1:30 p.m.
12-20426 Sarah McPherson Wall
**cont to 4/21/15 for deadline to run on MTA**
DQ = $800 @ $100/mo DP
Last $0 in June & July
$250 in Aug
$0 Sept - Feb
11/11/14 Resp: D checking records, she thought she was current after the last mtd.
D may abate pmts.
1/7/15 Email from DA: I have heard nothing seen no proof of payments.
Is there room to
suspend/abate if so how much and can we continue so I can file?
Will do. There is room to abate the delinquency.
2/18/15 Email from DA: I will file a motion to abate today for $700
3/11/15 Email from DA: Wall:
12-20426 -- oops forgot to file abatement will do so today for
$700 - can we set over for time to run?
Let me know when you file the MTA, then I will continue the case.
Berger PM Docket
March 17, 2015, 1:30 p.m.
12-21018 Robert E. Rone
Kenneth M. Gay
**cont to 4/21/15 for deadline to run on mta**
DQ = $11515 @ $255/mo DP
Rec'd $265 in Dec 2014. Last pmt before that was rec'd was Aug 2014 - TTE
wants drop dead language
12/1/14 Resp: D will be current by 2/28/15.
Cont from Dec for tracking.
MTA thru Feb filed. Obj due 3/31/15.
Berger PM Docket
March 17, 2015, 1:30 p.m.
12-21224 Annamae Virginia Dandridge
D. Charles Ball
DQ = $4125 @ $1375/mo DP
Last pmt rec'd was Nov 2014.
9/26/14 Resp: Debtor respectfully disputes the calculations of the defaulted amount
as $2750 thru August 2014. D is 87 years old and has maintained the property at
3223 North 36th Street for over 58 years. D will provide information to the ttee's
offc so automated payments may be generated. D has experienced past hardship
but is presently stable.
PTP w/ Nationstar @ $788.51/mo / DQ = $1577.02
Cont from Oct for tracking.
Berger PM Docket
March 17, 2015, 1:30 p.m.
12-21251 Kevin Todd Allenbrand
Colin N. Gotham
DQ = $6000 @ $2000/mo DP
Last pmt rec'd was Dec 2014.
PTP w/ First Federal @ $1123.23/mo / DQ = $1913.76
PTP w/ First Federal @ $207.56/mo / DQ = $354.76
PTP w/ Enterprise @ $150/mo / DQ = $256.38
2/18 Resp: D intends to become current.
3/6/15 Email from Janet: Colin called and will be out of town on the 17th docket day so would ask
that our MTD be continued to April. I told him that we did get a payment on 3/4/15 from the debtor
getting him current through JAN 2015, however our MTD also is asking for drop dead language as the
debtor has a history of MTD’s.
Berger PM Docket
March 17, 2015, 1:30 p.m.
12-21389 Jefferies Allen Lewis
Jason C Amerine
DQ = $4076 @ $2219/mo DP
DQ over life of plan. Rec'd $2219 on 2/9/15.
LOF - Need $2257/mo
PTP - Citi @ $1259.93/mo - DQ $2039.15
12/22 Resp: D made pmt of $2000 on 12/8/14. D will pay DQ and his January pmt
by 1/31/15.
MTA filed - abating thru Feb 2015. D to resume in March. Increase pmt for $2420
in March. Obj due 3/18/15.
Cont from Feb for possible conversion.
Berger PM Docket
March 17, 2015, 1:30 p.m.
12-22009 Kelly Ann Heath
Hilliard L Moore
DQ = $108 @ $108/mo DP [Abated thru Jan / 523.30]
Last pmt rec'd was in Sept 2014. Waiting for D to resume.
12/18 Resp: D relies upon child support to make her plan pmts. Not rec'g.
Cont from Jan for tracking.
3/9/15 Email from DA: We have reached out to the client.
Continue for another month to see if
she makes a payment? If so, we will discuss her options for making up the arrears.
Berger PM Docket
March 17, 2015, 1:30 p.m.
12-22051 Tabitha Selise Smith
Sarah A. Sypher
DQ = $4537.10 @ $1512/mo DP
Rec'd $964.30 in Feb. Last pmt before that was $964.30 in Nov.
LOF - Need $1512/mo
PTP w/ US Bank @ $964.30/mo / DQ = $2026.10
2/27/15 Resp: D unable to afford plan pmt increase. Seeking loan mod. D will file
MTA and other necessary pleadings as soon as the status of the loan mod is
known.
3/12/15 Email from DA: she can’t afford the payment increase and is working on a loan
modification. Continue for loan mod or motion to surrender house? Will abate if needed as well.
Berger PM Docket
March 17, 2015, 1:30 p.m.
12-22081 Theresa Roberta Giron
Hilliard L Moore
Motion for Relief from Stay Suzuki - Reno - 2007 - KL5JD66Z17K484945.
Filed on behalf of Creditor Capital One Auto Finance
D past due for Sept pymt and pymts thereafter. DQ in plan pymt.
Resp: Period of unemployment.
Cont from Jan for MTA and to track plan pmts.
3/9/15 Email from DA: I know the MTD has been withdrawn.
I am assuming the stay relief
motion is resolved, but I haven’t heard anything from the car lender. Looks like plan payments have
been coming in since December.
** w/drawn 3/2/15**
DQ = $228 @ $228/mo DP [Abated $662 in Nov]
Berger PM Docket
March 17, 2015, 1:30 p.m.
12-22145 Vanessa D Roberts
David A. Reed
DQ = $2296 @ $550/mo EP (new EP)
$0 in Oct - ePay was NSF
$0 in Nov and Dec
$300 in Jan
$1300 in Feb
LOF - Need $591/mo - Mtn to Modify filed. Reducing interest rate. Obj due
3/12/15. What about DQ?
9/18/14 Resp: D mailed two $500 money orders on 9/12/14.
Motion for Relief from Stay regarding a 2006 Chevrolet Equinox Filed on
behalf of Creditor JPMorgan Chase Bank
Debtor has defaulted in plan payments to Tte and therefore is in default to Chase
on 2006 Chevy Equinox. Claim is not being paid & creditor is not adequately
protected.
Resp: Debtor has just mailed a pymt of $300 and expects to pay another $250
before the end of the month. Debtor works for Dillon's in Leavenworth. Debtor
hopes to acquire add'l funds of at least $1500 when she files her 2014 income tax
returns.
Berger PM Docket
March 17, 2015, 1:30 p.m.
12-22582 Stephen Patrick Powers and Barbara Jean Powers
Karen S Maxcy
**cont to 4/21/15 along w/ mtn to amend plan**
DQ = $3814@ $2207/mo DP [Abated $8081 / thru Dec]
Rec'd partial pmts Sept - Feb ($200-$300/mo)
Cont from Dec & Feb for amended plan and budget. Nothing filed.
2/19/15 Email from DA offc: The Powers are going back and forth about keeping their home.
Karen has asked if we may please have a short continuance so she can set an appointment with them to
resolve that issue once and for all. She also wanted me to address the issue of an overdue order. We
will get that out no later than tomorrow.
2/25/15 JW email to DA offc: EMAIL TO DA OFFICE. DEBTORS HAD THEIR
ABATEMENT THROUGH DECEMBER, WERE TO RESUME IN FULL IN
JAN OR CASE DISMISSED WITHOUT FURTHER NOTICE. THEIR
PAYMENTS ARE $2,207. THEY SENT $300 IN JAN AND $300 IN FEB. DO
YOU HAVE A PLAN GOING FORWARD OR CAN WE DISMISS? JW
Email from DA: offc: They have an appointment to meet with Karen on March 3.
At first, they were going to surrender the house; now they may want to try to keep
it. Karen requested they set an appointment to come in and go over all their
options and the financial feasibility of each. Is it possible to keep it alive until after
that meeting? If not, of course I understand, but if it's not out of the question, it
would be most appreciated.
Berger PM Docket
March 17, 2015, 1:30 p.m.
12-22744 Raymond Eugene Asher
Sarah A. Sypher
DQ = $2886 @ $1443/mo DP (abated thru Nov 2014 - $4700)
Rec'd $0 Sept - Nov
Rec'd $1600 in Dec (Ntc from bank - Dec check returned - account closed)
$1443 in Jan. TTE would like to see another pmt before w/drawing mtd.
$0 in Feb
Cont from Feb for pmt.
3/12/15 Email from DA: he emailed me yesterday.
His brother died and he had to pay for the
funereal. He has $1500 to mail in today. I asked him to send me proof of the payments. I will
review the case and file an additional abatement if needed. Continue for payment?
Berger PM Docket
March 17, 2015, 1:30 p.m.
12-22750 Robert Michael Harsch and Dorothea Michelle Harsch
Jonathan C Becker
Objection to Claim Number 13-2 filed by eCast Settlement Corporation
Current w/ TTE @ $645.75/mo DP
The claim should be disallowed due to not having the proper documents attached.
eCast's Response: Documents attached to the response.
Berger PM Docket
March 17, 2015, 1:30 p.m.
12-22870 Deborah Kay Jones
Jason A. Norbury
DQ = $5472 @ $2572/mo DP
Rec'd $4100 in Feb
LOF - Need $2572 - consents to $2572
1/30/15 Resp: Agree to increase. Will be current or filed MTA in next 21 days.
MTA filed - abating $4500. Agrees to increase. Obj due 3/16/15. TTE objected and
MTA set for hearing 4/21/15.
FYI - TTE's Objection: The Trustee objects to the motion due to its generic nature. It only
seeks to abate $4,500, but the debtor is delinquent $5,500 through JANUARY 2015 with
another $2,572payment coming due by 2/28/15. The debtor's mortgage is in the plan and is
behind. The Trustee requests the missed mortgage payments be allowed to be moved into a
separate arrearage claim in order for other secured creditors to timely receive funds. The motion
should be amended to clarify through what month the debtor is seeking to abate and in what
month she will fully resume . The Trustee received no payments in JAN 2015 and has only
received $1,500 so far in February. Since the debtor is self-employed and not able to have a
wage order, the Trustee requests the debtor agree to drop dead language going forward. Finally,
the plan payments must increase to $2,784/mth due to the nature of the payments since the
MTD was filed.
Note: compromised w/ $2716/mo. Runs 62 mos. Amended MTA to be filed.
Berger PM Docket
March 17, 2015, 1:30 p.m.
12-22919 Justin Michael Young
Sarah A. Sypher
DQ = $5360 @ $1730/mo DP
DQ due to partial pmts over last several months.
$0 in Feb
LOF - need $1769/mo
12/2/14 Resp: Debtor defaulted on his payments due to seasonal employment and a
decrease in income. Debtor has obtained additional employment with UPS. Debtor
will cure the plan payment default prior to the hearing on this motion by remitted
this missed payments directly to the Trustee.
12/10/14 Email from DA: he obtained a 2nd job with UPS and is curing the default directly –
continue?
1/6/15 Email from DA: he wanted to cure default on his own. It looks like payments are coming in
but it doesn’t look like enough to cure the default. Please advise if there is still a default.
Email to DA: DQ = $2700 w/ plan pmts of $1730/mo. Need $1769/mo.
3/12/15 Email from DA: He can’t afford the payment.
He is working on a loan modification. I
will file the appropriate motions as soon as I have the information. Continued for loan mod or
surrender house?
Berger PM Docket
March 17, 2015, 1:30 p.m.
12-22983 Paul John Demo, Jr. and Jeanette Marie Demo
W Brett Chapin
DQ = $8565 @ $2202/mo DP
Rec'd $2445 on 2/17/15. Last pmt rec'd was Sept 2014. Abated $21,550
in Aug 2014. Ds made one pmt in 2014.
**lots of taxes**
LOF - Need $2445/mo - consents
1/23/15 Resp: D have funds to make required pmt.
2/23/15 Email from DA offc: we will be filing a Motion to Abate.
As far as the hearing
tomorrow, can we continue it to the next docket?
FYI - MTA filed 3/11/15 - abating thru Feb 2015. increases to $2445 in March.
Obj 4/1/15
Berger PM Docket
March 17, 2015, 1:30 p.m.
12-22991 Edward Charles Grayson
Jason C Amerine
**cont to 3/17/15 on condition that full plan pmt be made by 3/17/15**
DQ = $1150@ $575/mo DP [Abated $3350 in Dec]
Last pmt rec'd was June 2014
Need pmts.
Paying 3 cars ($1525, $4311, $2246) / household goods ($251)
11/12 Resp: MTA filed.
2/16/15 Email from DA offc: We spoke to him on 1/26 and he stated that he was going back to
work in February and would be caught up on all payments by the end of March. Can we hang on a bit
and see if he follows through? Thanks!
2/17/15 Email to DA offc: We have not received a payment from the debtor several months since last June. I am going to leave this case on the docket due to the poor payment history.
3/11/15 Email from DA: can be dismissed if there’s no payment.
If there is a payment before
3/17 can we continue again? He should have steady income now.
3/12/15 Email to DA: Even if he makes a payment, I am going to leave this one on.
Berger PM Docket
March 17, 2015, 1:30 p.m.
12-23118 Carl Richard Seaquist
Sarah A. Sypher
Motion for Relief from Stay Regarding 2010 Rietenour Drop Deck Trailer.
Filed on behalf of Creditor Mercedes-Benz Financial Services
DQ = $1555 @ $1555/mo DP [Abated thru Dec 2014 - $8220]
Rec'd $1555 in Jan. Last pmt before that was Aug 2014.
UPON INFO & BELIEF THE COLLATERAL WAS STOLEN ON OR ABOUT 12/29/14 & NEVER RECOVERED.
PROPERTY INSURANCE CARRIER (GREAT AMERICAN INSURANCE) IS APPARENTLY WILLING TO SETTLE
THE PROPERTY DAMAGE CLAIM BY ISSUING A CHECK IN THE SUM OF $19,000. COLLATERAL IS SECURED
BEYOND ITS VLUE OF $15,000 & D HAS NO EQUITY THEREIN. REQUESTS RFS; WAIVING OF THE 14 DAY
STAY & ALLOWING MOVANT TO ENDORSE THE INSURANCE DRAFT FROM THE PROPERTY INSURANCE
CARRIER & TO APPLY ALL PROCEEDS TO D'S DEBT. NOTES: RE: CLAIM #4 BEING PAID UP TO $15,000
VALUE WITH A G.U. PORTION OF $5,690.
2/23 Resp: PROPERTY ASSOCIATED WITH MTN IS NECESSARY FOR D'S LIVEIHOOD. D REQUIRES A
REPLACEMENT TRAILER IN ORDER TO EARN INCOME AS A TRUCK DRIVE. D NEEDS THE INSURANCE
PROCEEDS IN TO TO PROVURE THE REPLACMENT TRAILER & TOOLS OF HIS TRADE THAT WERE STOLEN
ALONG WITH THE TRAILER. D INTENDS TO FILE A MTN TO SUBSTIUTE COLLATERAL & OFFER THE
LIENHOLDER A LINE ON THE REPLACEMENT TRAILER. D INTENDS TO CONINUE TO PAY CREDITTOR'S
SECURED CLAIM THRU THE PLAN.
3/12/15 Email from DA: I will ask CA to continue if we can’t resolve prior to the hearing.
filed a motion to sub collateral. Debtor is still looking for new trailer.
We
Berger PM Docket
March 17, 2015, 1:30 p.m.
12-23127 Joseph William Hinton and Faith Annette Hinton
Patrick E. Henderson
Motion to Reinstate Case
DQ = $1342.12 @ $250/mo DP
Rec'd $250 on 3/10/15
Ds fell behind in payments after missing work due to a temporary layoff. D, Joseph
William Hinton, has now found new and stable employment and is now able to
make the plan payments.
Ds request that the Court abate all missed plan payments to the trustee through
February 1, 2015, when monthly plan payments of $250.00 will recommence.
No objection. Need Ds to make a plan pmt. New employer wage order?
Cont from Feb for DA to appear.
2/25/15 Email to DA - case continued. DA needs to appear at 3/17/15 hearing.
2/26/14-REPLY EMAIL FROM DA'S OFFICE TO GEO: The Debtors mailed a payment yesterday. We were
under the impression that if no objections were filed then their case would be reinstated. They would
like an employer pay order but do not have an address yet. I will get it to you as soon as I receive it.
Berger PM Docket
March 17, 2015, 1:30 p.m.
12-23166 Robert Daniel Munoz and Rose Marie Munoz
Jay T. Grodsky
Motion for Dismissal for Failure to Make Plan Payments - Accrued post
petition taxes (owe $14,789 to IRS and gambling income of $2798)
**cont to 3/17/15 - Ds to make 2 pmts by 3/17/15. Agreed to drop dead in
MTA**
DQ = $3500 @ $3500/mo DP [abated $10,500 in Nov]
DQ over last couple of months
Need drop dead or IWO due to history. What is the status of the post petition
tax debt?
11/14/14 Resp: Ds already sent to the trustee a payment to reduce the amount as set
out in the Trustee’s MTD. Ds will be filing a MTA the remaining default, and plan
to file along with that amended schedules and a motion to reduce plan payments.
Lots of tax debt in case ($90k+).
Berger PM Docket
March 17, 2015, 1:30 p.m.
12-23246 Bradley Allen Seber and Barbara Eileen Seber
David R. Barlow
TTE's Objection to Claim Number 11 filed by WELLS FARGO BANK
DQ = $719 @ $737/mo DP
The pre-petition arrears will not be paid through the bankruptcy per the Order
granting Motion to approve loan modification filed on January 28, 2015.
2/27/15 Resp: Creditor admits the allegations in Trustee’s objection that the Order
granting Motion to approve loan medication was filed on January 28, 2015,
however, the loan modification has not been finalized at this time. Creditor’s
counsel has advised Creditor to amend the claim once the modification is finalized.
Berger PM Docket
March 17, 2015, 1:30 p.m.
12-23251 Joan Elizabeth Gibbons
Hilliard L Moore
DQ = $320 @ $80/mo DP
Rec'd $80 in Feb. Last pmt rec'd before that was Sept 2014
1/23 Resp: Debtor will agree to make 2 monthly payments on February 11th and
March 11th, make regular payments going forward and abate missed payments.
Cont from Feb for tracking.
3/9/15 Email from DA: Full plan payment was received in Feb.
Continue for tracking for another
month? If a plan payment does come in, we will discuss her options with her re: making up the
arrearages.
Berger PM Docket
March 17, 2015, 1:30 p.m.
12-23460 Alvin Wesley Garner Sr.
David A. Reed
DQ = $7198 @ $2033/mo DP [Abated $3701.37 - thru Aug 2014]
Rec'd $1500 in Aug
$1000 in Sept
$1500 in Oct
$500 in Nov & Dec
$1500 in Jan
$0 in Feb
Waiting on full plan pmt.
PTP - Wells Fargo @ $1285.69/mo DQ $3136.91
8/4/14 Resp: D has paid $2385.65 since the mtd was filed.
Has the debtor found new employment?
Cont from Oct & Dec for tracking.
Berger PM Docket
March 17, 2015, 1:30 p.m.
13-20098 Clay Cullins Pittman
Hilliard L Moore
**cont to 4/21/15 for deadline to run**
DQ = $487.82 @ $110/mo DP
No pmt in Feb.
1/20/15 Resp: Will catch up or file MTA.
MTA filed - Abate all missed pmts. Obj due 3/17/15
3/9/15 Email from DA: Motion to Abate has been filed; last payment received March 5.
for the objection deadline on the MTA to run?
Continue
Berger PM Docket
March 17, 2015, 1:30 p.m.
13-20182 Robert Daniel Kraai and Catherine Fayssoux Kraai
Shane J. McCall
Motion for Dismissal for Other **cont to 4/21/15 for tracking**
By letter of December 11, 2014, Trustee requested Debtors to pay $2503 of their
2013 income tax refunds into the Plan for the benefit of creditors. Debtors have
failed to remit said funds to the Trustee.
2/12/15 Response:
1. The Trustee filed his Motion to Dismiss Case on January 22, 2015, stating that
Debtor had failed to turn over $2503.00 of their 2013 income tax refunds into the
Plan for the benefit of creditors.
2. Due to a technical failure, Debtors’ 2013 tax returns were not submitted
electronically by their accountant in December 2014.
3. Debtors’ 2013 tax returns have since been successfully resubmitted to the taxing
authorities.
4. Debtor has not received any refund for the 2013 tax year and therefore cannot
turn over anything to the Trustee.
5. Upon receipt of the refund, Debtor will turn over the refund in the amount
requested by the Trustee.
Cont from Feb for tacking.
3/13/15 Email from DA: The debtors’ made a payment today of the estate’s portion of the 2013
federal and state tax returns in the amount of $2503. Please advise if the trustee would allow a
continuance of the hearing on the motion to dismiss set for 3/17/15 to track receipt of the payment.
Berger PM Docket
March 17, 2015, 1:30 p.m.
13-20272 Samuel Arthur Stover and Cambria Lynn Stover
**cont to 4/21/15 for deadline to run**
DQ = $1975 @ $715/mo DP
Rec'd $1515 in Jan.
$800 in Feb
1/21 Resp: Ds making additional pmts. Bobrink recently entered appearance.
2/18/15 Email from DA: can I do an abatement and can we set over for same?
2/18/15 Email to DA: He made another pmt of $800 today. The delinquency is down to $1260. I will
continue the case to March for you to file a mtn to abate.
3/11/15 Email from DA: I filed the motion to abate can we set over?
Berger PM Docket
March 17, 2015, 1:30 p.m.
13-20288 David DeWayne Dell
Adam M Mack and Jennifer M Zook
DQ = $304 @ $68/mo EP
Last pmt rec'd was Sept 2014
2/12 Resp: Will be current or file a MTA.
Cont from Feb by agreement of the parties. Re-set due to glitch.
2/24/15 Email from DA: I am unclear as to whether David Dell's hearing is tomorrow.
I reviewed
the docket notes and his case is not listed. I was not planning on attending since it did not appear to be
on the docket, but then I checked the trustee's notice of objection deadline and it appears that the
hearing should have been set on 2/24/2015 at 1:30 pm.
Berger PM Docket
March 17, 2015, 1:30 p.m.
13-20334 Holly Michele Gabriel
Sarah A. Sypher
TTE's Motion for Dismissal for Other
DQ = $3466 @ $3466/mo DP [Abated $9480 in Jan]
Last pmt rec'd was in June 2014
Pursuant to the August 28, 2014 Order to abate, the debtor was to resume Plan
payments on or before November 30, 2014. The debtor failed to resume payments
thereby causing a default in Plan payments in the sum of $3,160.00 through
November 30, 2014.
12/30/14 Response: On Dec 10, 2014 TTE filed mtd for default in plan payments.
D defaulted in her plan payments after an abatement period due to unexpected
complications after surgery. D was involved in an automobile accident and has
been unable to work. D filed motion to abate payments through Oct but was
unable to resume payments. D filed an additional motion to abate on Dec 30,
2014. She expected to resume by Feb 2015.
Need increase from $3160/mo to $3466/mo - increase letter sent.
3/12/15 Email from DA: she was in a serious accident last year and is unable to work.
She is
receiving a settlement offer for uninsured motorist. Her attorney just provided the settlement
information. I will forward it to your office for approval with the necessary motions. Continue for
motions?
Berger PM Docket
March 17, 2015, 1:30 p.m.
13-20512 Ralph Norman Byrd, Sr and Linda Kay Byrd
David R. Barlow
CURRENT @ $169/mo EP - Abated $897 in Jan 2015
Rec'd $169 pm 3/4/15--check needs to clear. Last pmt rec'd before that
was July 2014. Would like to see another pmt before w/drawing mtd.
12/9/ Response: D lost job in July 2014. Ds may convert. Need time to confer with
clients.
MTA filed - abating thru Dec. Resume in Feb or dismiss.
Berger PM Docket
March 17, 2015, 1:30 p.m.
13-20534 Patrick J. Haltiwanger
Jeffrey L. Wagoner
Motion for Dismissal for Other - tax rtns
DQ = $5771.43 @ $1869/mo DP
Last pmt rec'd was Sept 2014
D has failed to provide the Trustee's office with 2013 Federal and State tax
returns as requested. It is the debtors responsibility to advise the Trustee's office
and court of any address change. Has the D moved?
12/22 Resp: D was terminated from his employer and appealed the termination
through his union. Debtor has been told he can return to work but won’t receive a
paycheck until sometime in January. What about the tax rtns?
3/12/15 Email from DA offc: Debtor may be converting.
docket he hasn't converted we will likely let the case dismiss.
Could we set over to April? If by April
Berger PM Docket
March 17, 2015, 1:30 p.m.
13-20887 Dena Marie Dillard
Karen S Maxcy
DQ = $605 @ $200/mo DP [ abated thru Sept - $575]
Rec'd $0 in Oct
$200 in Nov
$0 in Dec - Feb
$195 in March
9/23/14 Resp: D fell behind on plan pymts when she was injured in accident on
March 21 2014 and unable to work. Has recently returned to work but is
struggling w/ finances due to injury and subsequent lost wages and increased
expenses. D w/ file motion to abate thru Sept 2014 w/ regular plan pymts to
resume in Oct 2014.
1/8/15 Email from DA offc: Ms. Dillard just called our office on the 5th and stated that she
has new employment. Is the MTD able to be withdrawn yet?
1/9/15 Email to DA offc: Ms. Dillard is still $400 delinquent in plan pmts. Does she plan to catch up the
pmts or will you be filing a MTA?
Email from DA offc: Betsy just checked with Ms Dillard and we will be filing an abatement
request through January 2015.
3/12/15 Email from DA: She sent $195 on Saturday March 7. It looks like we have to do another
suspension and an amended plan to raise plan payments to $225. Does $225 run 60 months?
May we continue?
This case was continued from Jan for an abatement. I will only continue the case after file the motion to
abate and amended plan. $225 per month will work. NOTE: MTA filed 3/13/15.
Berger PM Docket
March 17, 2015, 1:30 p.m.
13-21166 Anthony L. Dodd
David A. Reed
DQ = $2691 @ $530/mo DP
D is remitting the old plan pmt. The plan pmt increased from $347/mo
to $530/mo in May 2014.
Recently rec'd $950 in Feb.
LOF - Need $537/mo
9/18/14 Resp: D paid $345 earlier this month and exploring a mortgage
modification as a means of returning his plan to feasibility.
Cont from Oct for loan mod.
Motion for Relief from Stay re: 2512 Stewart Avenue, Kansas City, Kansas
66104. Filed on behalf of Creditor Cadence Bank
Due Oct 2014 thru Jan 2015
2/11/15 Response: D trying to come up w/ $1000 by 2/23/15.
Berger PM Docket
March 17, 2015, 1:30 p.m.
13-21606 Phillip Edward Hayes and Carieta Lula Hayes
Ryan D Knipp
DQ = $2223.85 @ $490/mo DP
Last pmt rec'd was Oct 2014
1/28/15 Resp: Debtors’ counsel states that he has been unable to reach his clients
by phone or email. Debtors’ counsel would ask for the case to be set for hearing to
provide a little more time to speak with his clients.
2/18/15 Email from DA: I was finally able to talk to them and joint debtor lost her job.
She is
looking for work and has a couple interviews set up soon – a second interview next week. They have
surrendered the house so their payment isn’t too bad. They also have a pending lawsuit that once it
settles I believe they will be able to pay off their case at 100%. All of that being said, they are
significantly delinquent. Anyway we get this continued to March?
2/19/15 Email to DA: I will kick this over one time. They haven't made a payment since last October. We
really need a pmt in the case.
Berger PM Docket
March 17, 2015, 1:30 p.m.
13-21790 Reginald Dean Hollinshed Sr. and Latisa Kay Gaskin-Hollinshed
David A. Reed
DQ = $998 @ $998/mo DP (increases to $1115 in March)
DQ over last several months.
Rec'd $0 in Oct
$998 in Nov
$831 in Dec
$1048 in Jan
$998 in Feb
TTE rec's phone calls from creditor Painted Hills every time the Ds miss a pmt.
TTE would like a drop dead due date.
12/1 Objection: Ds made pmt of $998 on 11/18/14.
Cont from Dec for EP to be issued.
1-16-15 EMAIL FROM SOCHEATA:
Kathy, My office would prefer that clients do wage order. Unfortunately, they are on contract basis at
their employment and cannot do wage order. My office will monitor clients' payments and call them to
pay on time each month.
Berger PM Docket
March 17, 2015, 1:30 p.m.
13-21850 Whitney E Foley
Teresa M. Kidd
**mtn to convert filed 2/26/15**
DQ = $660 @ $132/mo DP
Last pmt rec'd was Oct 2014
2/11 Response: D in wreck w/ deer. D has no funds to continue to make pmts and
must arrange for transportation. D intends to convert to chapter 7.
2/16/15 Email from DA: Can we continue to the next docket, Foley Case No. 13-21850 on
trustee’s Motion to Dismiss? We are working on converting the case to chapter 7 and will not have
accomplished this by Feb. 24.
Berger PM Docket
March 17, 2015, 1:30 p.m.
13-22205 Joseph John Weinrich, Jr. and Julie Anne Weinrich
Neil S. Sader
DQ = $3200 @ $5250/mo DP
Rec'd $12,500 in Feb - still have LOF issue
LOF - Need $7775/mo
PTP w/ Citi @ $3950.97/mo / DQ = $381.13.
Note: Citi filed a POC w/ $54k in mort arrears vs. $24k scheduled
9/26 Resp: Debtors can cure the arrearage by making payments of $800.00 on or
before the 1st of each upcoming month, beginning October 1, 2014 for 12 months
and ending on September 1, 2015. This would enable the Debtors to cure the
arrearage over a 12 month period of time while making their regular monthly
payment by the 15th of each month.
Cont from Oct for Ds to make extra pmts to cure over several months.
Berger PM Docket
March 17, 2015, 1:30 p.m.
13-22491 Melisa Sue Ladd
Keith A Wellman
Motion for Relief from Stay Regarding 2011 Chevrolet Impala Filed on behalf
of Creditor Consumer Portfolio Services
DQ from Oct 2014 forward; pmts were direct
1/20 Resp: D intends to cure w/ tax refund.
Cont from Feb for CA appearance.
Berger PM Docket
March 17, 2015, 1:30 p.m.
13-22603 Sara Lorraine Todd
Ryan D Knipp
DQ = $100 @ $100/mo DP [Abated $550 in Jan]
Last pmt rec'd in Aug 2015
12/10 Resp: Counsel states that he has been unable to reach his client by phone or
email. The last time he was able to talk to Debtor she was seeking employment.
Debtor’s plan payment is very small and her plan length is short which will allow
for an abatement with new employment. Debtor’s counsel would ask for the case
to be set for hearing to provide a little more time to speak with his client.
Cont from Feb for tracking / pmt.
Per MTA, new job and will send IWO info.
Berger PM Docket
March 17, 2015, 1:30 p.m.
13-22682 Brian Christopher Jam Simmons and Shannon Kimberly Lyn Simmons
Chris W Steffens
**cont to 4/21/15 for deadline to run / pmt**
DQ = $80 @ $80/mo EP (new EP) [Abated thru Jan - $320]
Last pmt rec'd in Aug
MTA filed. Abating thru Feb. Resume in March or case dismissed. Obj due
3/20/15.
Cont from Feb for D to resume....another MTA filed.
Berger PM Docket
March 17, 2015, 1:30 p.m.
13-22729 Scott Michael Coons and Tasha Dionne Coons
Hilliard L Moore
DQ = $5476@ $1656/mo DP
Rec'd $0 in June - Sept
$1498 in Oct
$0 in Nov
$1481 in Dec & Jan
$0 in Feb
11/6/14 Resp: Debtors made a payment of $1,498.00 and will continue to remit
direct payments going forward. If they are unable to bring payments totally current
by the end of the year, Debtors will seek an abatement of any delinquency at that
time.
Cont from Nov & Jan for tracking.
**paying for two small car loans and lots of taxes ($68k)**
3/9/15 Email from DA: Clients advised last week they were planning to mail in a payment by the
end of the week last week. Continue?
Berger PM Docket
March 17, 2015, 1:30 p.m.
13-22833 Brandon Michael Sturgeon and Nycole Lea Sturgeon
Jonathan C Becker
Motion for Turnover $35,535.26 Filed on behalf of Debtor
PLAN PROPOSED TO PAY US BANK APPROX $30K IN MORTGAGE ARREARS AND PAY $1506/MO FOR THE
O/G MORTGAGE PMTS. PLAN WAS CONFD 4/29/14. BAR DATE WAS SET AT 2/24/14. US BANK DID NOT
FILE A POC IN A TIMELY OR UNTIMELY FASHION.
ON 11/12/14 DA FILED A HOLDING CLAIM IN THE AMT OF $212K (SEE CLAIM #20). BETWEEN FEB 2014
AND JAN 2015, TTEE'S CA EMAILED CONTACTS AT US BANK PLEADING FOR A POC. DA PREPARED A
DRAFT 2014 TAX RETURN FOR DS. THE 1098 FROM US BANK SHOWED NO MORTGAGE INTEREST AND
HENCE NO DEDUCTION IN EXCESS OF THE STANDARD DEDUCTION FOR THE DS. THIS LACK OF
DEDUCTION WAS DIRECTLY DUE TO LACK OF US BANK'S POC. ON 1/28/15 DA CONTACTED 3 OFFICES OF
US BANK AND WAS TOLD THAT THE REVIEW WOULD BE ESCALATED AND A POC WOULD BE FILED W/IN
A FEW WEEKS. AS OF 2/17/15, US BANK HAS NOT FILED A POC. CASE IS NOW 15 MONTHS OLD AND THE
TTEE HAS $35,535.26 ON HAND.
MOVES COURT FOR: AN ORDER OF TURNOVER FROM THE CH 13 TTEE (AFTER DEDUCITON OF ALL FEES
DUE THE CH 13 TTEE) OF ALL SUMS HELD FOR US BANK; AN ORDER DIRECTING US BANK TO CREDIT D'S
ACCOUNT $35,535.26; AN ORDER DIRECTING US BANK TO DEEM THE 2014 ESCROW BALANCE PIF; AN
ORDER DEEMING MORTGAGE CURRENT AS OF THE DATE OF ENTRY OF AN ORDER BY THIS COURT; AN
ORDER DIRECTING US BANK, AFTER MAKING ALL CREDITS NOTED ABOVE TO FILE A POC NO LATER THAN
14 DAYS AFTER ENTRY OF AN ORDER SUSTAINING IN ANY WAY THIS MOTION; AN ORDER DIRECTING US
BANK TO PAY SANCTION TO DS IN THE AMT OF $1000 AND PAY DA $1000.
3/10 US Bank Resp: US BANK WILL BE FILING A POC REFLECTING THE BALANCE OWED ON ITS
DEBT, INCLUDING THE PRE PETITION BALANCE OWED (REDUCED TO MATCH DS' CONF'D PLAN). WHILE
US BANK ADMITS ITS CLAIM WAS FILED AFTER THE BAR DATE, IT FURTHER STATES ITS CLAIM IS SECURED
BY DS' RESIDENCE AND IS NOT SUBJECT TO MODIFICATOIN THRU THEP LAN. RELIEF SOUGHT BY DS IS
NOT PERMITTED UNDER THE BCKCY CODE. US BANK HAS VOLUNTARILY REUDCED ARREARAGE
PORTION OF ITS POC BY APPROX $16K TO CONFORM ITS CLAIM TO DS' PLAN.
Note: POC filed 3/10/15
Berger PM Docket
March 17, 2015, 1:30 p.m.
13-22848 Brian Lee Allen
Notice of Default On Conditional Order for Relief from Stay. Filed by Justin
W Whitney on behalf of Kendall State Bank
Current @ $400/mo due to extra pmts
During the months of Dec/14 and Jan/15, Debtor has failed to make the full
amount of the required normal monthly payment to the Chapter 13 Trustee as
required by the Conditional Stay Relief Order. Receipts by the Ch. 13 Tte during
Dec-Jan total in aggregate $82.65. Kendall is entitled to RFS re: 2009 Dodge
Avenger.
2/17/15 Resp: Debtor recently lost his job and is receiving unemployment benefits.
He has rcvd his 2014 federal income tax refund and has mailed the Tte $717.32
which will bring his case current thru 1/31/15. Debtor will mail an add'l $400 to
the Tte upon receipt of his 2014 state income tax refund and anticipates the
payment will be in the mail no later than 2/27/15. Debtor will make his normal
plan payments on a weekly basis until he obtains employment and can go on IWO.
Note: TTE sent C $440.25 in prin and $58.20 in int on 2/28/15.
Berger PM Docket
March 17, 2015, 1:30 p.m.
13-22945 Ruthie Lee McKnight
David A. Reed
DQ = $2518@ $193/mo DP (decreased from $693 to $193 in Jan)
Last pmt rec'd was Oct 2014. Waiting on pmts.
1/2/15 Mtn to amend to surr car, manu home, and lower plan pmt to $193/mo. Obj
due 1/23/15.
Still need MTA and pmts.
Berger PM Docket
March 17, 2015, 1:30 p.m.
13-22951 Veronica Fierro Murillo
**cont to 4/21/15 for pmt**
Current @ $80/mo
D remitted $160 in Feb. Last pmt before that was April 2014. TTE would
like to see pmts from employer before w/drawing the mtd.
2/20/15 Resp: Current or abate. IWO provided.
3/11/15 Email from DA offc: Can you continue the hearing to April to allow the receipt of
an employer payment?
Berger PM Docket
March 17, 2015, 1:30 p.m.
14-20028 Steven Dale Peach and Amy Ann Busey
Motion for Relief from Stay regarding 114831 33rd Street. Filed on behalf of
Creditor Green Tree Servicing LLC - current w/ TTE @ $200/mo EP
Total mortgage DQ = $4940.34.
1/28 Resp: Ds made a phone pmt of $1259.95 on 1/23/15 and are in the process of
applying for a loan modification.
Motion for Dismissal for Other - DQ in post pet mortgage pmts.
2/3/15 Resp: Attempting loan mod w/ Green Tree.
Berger PM Docket
March 17, 2015, 1:30 p.m.
14-20167 Michael Anthony Truschinger and Rhonda Suzanne Truschinger
Hilliard L Moore
Motion for to retain net sale proceeds from sale of rental real estate after
payment of attorney fees and expenses
Ds’ Chapter 13 plan was confirmed on May 28, 2014 and provided for surrender of
rental real estate located at 7118 Reeds Road, Overland Park, Johnson County, KS
66204 to secured creditor Wells Fargo. Foreclosure proceedings have not been
initiated by Wells Fargo to date.
After confirmation, Ds entered into a contract with a realtor to list and sell the
rental real estate. Realtor was successful in finding a buyer who has agreed to pay
$90,000.00 cash for the property.
It is anticipated that there will be excess proceeds of approximately $7,630.00 at
sale closing. Ds have incurred attorney fees and expenses of $600.00 for postpetition legal services required to obtain this Court’s approval of the employment
of realtor and the proposed terms of the sale of the rental property on an expedited
basis and this motion to retain. Counsel requests that these fees be paid directly to
counsel by the title company from the excess settlement proceeds.
TTE's objection: **Non-exempt rental property liquidated** The Trustee objects
to the Motion to Retain Net Proceeds from Sale of Rental Real Estate as these
funds represent non-exempt equity. The proceeds (approximately $7630) should be
paid over to the Trustee and paid to the priority creditors.
**See doc #71 filed 1/29/15
Note: This is a NEE / Sec 1325(a)(4) best interest of the creditors issue as opposed
to a disposable income issue.
Berger PM Docket
March 17, 2015, 1:30 p.m.
14-20754 Celestine McIntosh
Hilliard L Moore
Current @ $328/mo DP [Decreases to $198 in March - Abated thru Feb / $2624]
Last pmt rec'd was Aug 2014.
11/14/14 Resp: Admits. Numerous unbudgeted medical and living expenses.
3/9/15 Email from DA: Client advises she mailed in a payment on the 3rd.
to make sure it comes in ?
Continue for a month
Berger PM Docket
March 17, 2015, 1:30 p.m.
14-20777 Anastasia Elizabeth Hill
DQ = $570 @ $570/mo EP [abated 3416.52 in Jan]
Rec'd $135 in Dec. Last pmt before that was July 2014. Three of 11 pmts
remitted in case. Per MTA #32, resume in Feb or case dismissed. Waiting for order
to be uploaded so we can dismiss.
Motion to Modify Plan Payment (Abating Plan Payments). Doc #27
Abating thru Nov 2014. Lost her job and will now be a stay at home mom.
Truity Federal CU Objection: CR holds claim on the 2011 KIA if granted the CR
will be damaged by the DS failure to pay the CU secured claim as required. CR
wants the abatement denied.
2/16/15 Email from DA offc: We will file a motion to surrender the Kia, abate, lower
payments tomorrow. Mr. Berman has agreed to a continuance on the motion to abate hearing
for March (his approval is below). So if it’s okay with you, can you please continue the MTA
hearing for March? There is also a MTD hearing, and we would like a continuance on that as
well since we are asking to abate the payments again, this time through January.
2/17/15 Mtn to amend to surr 2011 kia, lower pmts to $100/mo, and abate thru Jan filed
2/17/15. Obj due 3/10/15. Doc #32. Resume in Feb or case dismissed.
Berger PM Docket
March 17, 2015, 1:30 p.m.
14-20865 Mark Duane Weedin and Margaret Rose Weedin
Jason C Amerine
Motion for Dismissal for Other - failure to remain current on post petition
mortgage pmts
**cont to 4/21/15 by agreement of the parties**
Current w/ TTE @ $160/mo DP
Response: That Debtors have a dispute with Nationstar Mortgage regarding their
homeowners insurance and have trying to reach a resolution. Debtors will be
attending the hearing on December 16, 2014, and plan on getting current on the
mortgage.
Motion for Relief from Stay 811 South Medford Circle, Olathe, KS 66062.
Filed on behalf of Creditor Nationstar Mortgage LLC
Ds are 2 payments behind for a total of $1466.56
Response: That Debtors have a dispute with Nationstar Mortgage regarding their
homeowners insurance and have trying to reach a resolution. Debtors will be
attending the hearing on December 16, 2014, and plan on getting current on the
mortgage.
3/13/15 Email from DA: We need to continue this one again.
I’ll give you a little more
information on what’s going on. Debtors had been paying their own insurance on the home. There was
a lapse from Jan-March 2014 so Nationstar paid the whole year of insurance and added escrow to the
mortgage payments. Meanwhile Debtors continued to pay their own insurance. So they paid double
insurance for all of 2014, except Jan-March. We’re trying to get Nationstar to cancel the escrow for
2015 so this doesn’t happen again, and also sort out who owes who money now…
Berger PM Docket
March 17, 2015, 1:30 p.m.
While we’ve been negotiating this, Debtors have been bringing their monthly mortgage payments to my
office and I’ve been sending them to Carrie. I just wanted to let you know they’re not falling further
behind while all of this is going on!
Let us know if we’re ok to continue to April. We’re hoping we’ll have it all sorted out by then.
Berger PM Docket
March 17, 2015, 1:30 p.m.
14-20930 Russell Payne Smith Sr. and Deonna Christene Smith
Chris M Troppito
**Please deny. Check clears 3/17/15**
Berger PM Docket
March 17, 2015, 1:30 p.m.
14-21111 Eric Sean Miranda and Michelle Lynn Miranda
Ryan D Knipp
DQ = $6953.95 @ $2160/mo DP
Rec'd $500 in March. Last pmt rec'd before that was Nov 2014
1/20 Resp: Lost job. New job starting Jan 23rd. Will request wage w/holding.
2/18/15 Email from DA: per the response he has started working.
He receives his first significant
paycheck on Friday and is planning on making a payment. He lost his job, found a new one but it took
time to get the first paycheck and it was not a full one. 30 days so that I can see that payments are
being made and then make amendments/wage order as necessary?
Berger PM Docket
March 17, 2015, 1:30 p.m.
14-21186 John Bernard Schmeltz, Sr. and Pamela Lee Schmeltz
Tracy L. Robinson
Motion for Dismissal for Other - Need 2012 and 2013 tax rtns.
3/6 Resp: Debtors state their 2012 and 2013 tax returns were not provided, as they
believed they had previously submitted them to counsel during the initial filing
process. However, this was not the case. Debtors' counsel has requested the returns
and upon receipt, shall forward to the Trustee via electronic mail.
Berger PM Docket
March 17, 2015, 1:30 p.m.
14-21237 Anthony James Windholz, II
Ryan M. Callahan
Motion for Relief from Stay . Filed on behalf of Creditor Wells Fargo Bank,
D HAS FAILED TO MAKE POST-PET PAYMENTS DUE 10/1/113 & ALL SUBSEQUENT POST-PET PAYMENTS.
DQ 4 MNS @ $1,091.95 = $4,367.80 - SUSPENSE BALANCE $108.05 = $4,259.75 TOTAL.
Motion for Dismissal for Other - Failure to remain current w/ post pet mort
pmts
3/9/15 Resp: Debtor is currently making his mortgage payment directly to the
lender. In addition, Debtor is in the process of attempting to modify his loan.
Berger PM Docket
March 17, 2015, 1:30 p.m.
14-21407 Tameka Roshae Cheatom
David A. Reed
CURRENT @ $162/mo EP [abated $552.61 / thru Feb]
Rec'd $150 in Feb. Waiting on EP to re-start.
2/13 Resp:
1. Debtor just mailed a payment for $150.00, and it appears that the wage order
needs to be restarted (Debtor works for the same employer).
2. Debtor is also filing a motion to suspend missed plan payments.
Confirmed still employed at UMKC - re-issued wage order.
Berger PM Docket
March 17, 2015, 1:30 p.m.
14-21433 Gary Don Wilson, Jr. and Sarah Louise Wilson
Keith A Wellman
Motion to Modify Plan Payment (Abating Plan Payments).
DQ = $3300.01 @ $1250/mo DP
Last pmt rec'd was Oct 2014. MTD-$ cont to 5/12/15.
Lowering plan pmt to $550 for Jan, Feb, and March (and $800/mo for those
months thereafter) - abating any DQ beyond $550/mo. Ds to cure Nov and Dec
pmts, and Jan thru March - $2350 w/ tax refund.
TTE's Resp: Trustee objects to debtors’ motion until copies of debtors’ 2014
federal and state tax returns are provided and the proposed one-time payment of
$2,350 is received and clears Trustee’s bank. Trustee also insists on employer
wage withholding on all future payments starting with April 2015.
Rec'd copies of tax rtns. Waiting for refund.
Berger PM Docket
March 17, 2015, 1:30 p.m.
14-21455 Jonathan Anthony McPeake and Deanna Marie McPeake
Ryan B Patton
TTE's Motion for Dismissal for Other
Current w/ TTE @ $1150/mo
Green Tree Servicing, LLC filed a proof of claim for the residential home
mortgage listing a principal balance and arrearages. The Confirmed Plan does not
comply with Standing Order No. 11-3.
12/17/14 Response: Admit allegations and by way of further response the Debtors
are getting money together to bring current or pay mortgage through plan payment.
3/11/15 Email from DA: My clients say they have caught up the deficiency. I have contacted
Wendy at South and I’m waiting to hear back to see if this is true. I will keep you posted.
Berger PM Docket
March 17, 2015, 1:30 p.m.
14-21566 George L. Miller and Kimberly Ann Miller
Hilliard L Moore
Motion for Entry of Discharge
TTE's Objection: The Trustee objects to the Motion for entry of discharge Order as
the case has not yet been closed by the Trustee's office. The Trustee cannot close
the case until the Application of Hilliard L. Moore for Post-confirmation attorney's
fees and expenses is granted and the fees have been paid in full through the Plan.
2/16/15 Email from DA offc: Looks like we may have fired off the Motion for Discharge a little
prematurely. Can this just be continued out to allow the objection deadline on the fee app to run, or
would you prefer we just w/d and start over?
Note: Looks like the fees will pay out in April.
3/9/15 Email from DA: Can we continue to April to wait for fees to be paid out?
Berger PM Docket
March 17, 2015, 1:30 p.m.
14-21581 Heather Dee Jones
Ryan B Patton
DQ = $515 @ $240/mo (increases to $275 in Feb) DP [abated thru Nov - $760]
Rec'd $240 in Jan. Last pmt rec'd before that was $200 in Sept. TTE would
like to see another pmt due to pmt history. Two of 8 pmts remitted in case.
LOF - Need $250/mo - consents. Now need $275.
2/18/15 Email from DA: My client made a payment last month (January) and says
she will make a payment by the end of the month. Set this over once more to see if
she does?
3/11/15 Email from DA: I have called and left a message for my client.
Want drop dead due date.
Berger PM Docket
March 17, 2015, 1:30 p.m.
14-21965 Edward L Jackson, III
Ryan B Patton
Motion for Dismissal for Other - LOF
current @ $940/mo
Need $1645/mo due to IRS claim.
1/27 Resp: D will file an objection to IRS claim.
3/11/15 Email from DA: Can we set this over another month? My client is working with a tax
professional to figure out the issue. He does not believe he owes anything close to what the claim is.
Berger PM Docket
March 17, 2015, 1:30 p.m.
14-22012 Taelafasha Rena McCullough
David A. Reed
**to be w/drawn**
Berger PM Docket
March 17, 2015, 1:30 p.m.
14-22059 Christine Lorraine Blake
Douglas B. Breyfogle
DQ = $245 @ $245/mo DP [abated $980 in Jan]
Last pmt rec'd in case was Oct 2014. One of 7 pmts remitted in case.
Need pmts.
Berger PM Docket
March 17, 2015, 1:30 p.m.
14-22164 Joshua Lee Crumet
Kristina S Zhilkina-Crump
Motion for Substitution of Collateral
D LISTED WELLS FARGO AS SECURED CR OWED $14,951 ON 2005 DOCDGE 2500 CREW CAB W/ VALUE
OF $19992. REMAINING BALANCE OF $15,447. DS VEHICLE WAS STOLEN AND INS CO HAS DEEMED
TOTAL LOSS. GENERAL INS CO HAS INDICATED IT WILL PAY $17,329.46 FOR VEHICLE. D NEEDS TO USE
THE INS PROCEEDS TO PURCHASE ANOTHER VEHICLE. D CANNOT CONT EMPLOYMENT UNLESS HE HAS
SAVFE DEPENDABLE VEHICLE.
WELLS FARGO WOULD BE ADEQUATELY SECURED IF D WAS ALLOWED TO USE PROCEEDS TO BUY A
REPLACEMENT VEHICLE OF LIKE VALUE AND GRANT THE CR A LIEN AGAINST IT. D SEEKS APPROVAL TO
PURCHASE 2004 DODGE 3500 FOR $12,800. D REQUESTS THE GENERAL INS CO BE DIRECTED TO ISSUE
THE INSURANCE FUNDS AS FOLLOWS:
$13,923.23 PAYABLE TO D. THIS REPS THE $12,800 FOR THE PURCHASE OF THE VEHICLE AND $1,123.23
FOR SALES TAX.
$3,406.23 PAYABLE TO TTE TO BE APPLIED TOWARDS THE PRINCIPAL BAL OF WELLS FARGO SERVICES
CLAIM.
No objection.
Berger PM Docket
March 17, 2015, 1:30 p.m.
14-22313 Yvonne Ann Swinton
David A. Reed
CURRENT @ $409/mo EP [abated $1667.46 in Feb]
Last pmt rec'd was Nov 2014
2/13/15 Resp:
1. While Debtor is still unemployed, she was recently approved for $350.00 a week
in unemployment benefits, and is waiting on her 2014 income tax refunds.
2. Debtor is also filing a motion to suspend missed plan payments.
Berger PM Docket
March 17, 2015, 1:30 p.m.
14-22426 Tessa Rose Swodeck
Current @ $80/mo DP [Abated thru March - $326.16]
One of 5 pmts made in case.
Resume by 4/30/15 or case dismissed.
Berger PM Docket
March 17, 2015, 1:30 p.m.
14-22492 Victoria A Krutogolova
Jeffrey L. Wagoner
Motion for Dismissal for Failure to Make Plan Payments - default and fail to
amend SOFA - section 8 re self-employment.
DQ = $1210 @ $405/mo DP
D made one pmt (in Nov). Five pmts have come due.
2/19/15 Resp: DQ due to slowdown at work.
MTA filed - abating thru March. Resume in April. Obj due 3/12/15.
Berger PM Docket
March 17, 2015, 1:30 p.m.
14-22545 Shawnette Marie Mansfield
Ryan B Patton
Motion for Dismissal for Other - default in post petition pmts / LOF
The plan is not feasible w/ the pre-pet arrears claim ($4576.41) being paid thru the
plan. Plan pmts needs to increase.
2/25/15 Resp: Admits. Will object to POC, will gather funds to pay mort current,
or will amend plan to include mortgage.
3/11/15 Email from DA: Can we set this over one month? My client is working on resolving the
issue.
Berger PM Docket
March 17, 2015, 1:30 p.m.
14-22759 Theresa Julie Keenan
T Ryan Merrigan
Chapter 13 Plan - Amended 1/11/15
**cont to 4/21/15 by agreement of the parties**
Current @ $368.97/mo EP / Confirmed 1/14/15.
OTC filed by Wells Fargo: 2011 Hyundai Tucson. Amend plan proposes to pay
Creditor $12,709. KBB is $15,566.
3/12/15 Email from DA: I spoke with Wells Fargo's attorney and we agreed to request a
continuance in the Keenan matter.

09-23622 Lisa Ann Rivera Judge: Robert D. Berger Sarah A. Sypher

Transcription

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