09-20748 Ian Sean Cahir Judge: Dale L. Somers Christopher R

Transcription

Somers docket
April 17, 2015, 10:30 a.m.
09-20748 Ian Sean Cahir
Judge: Dale L. Somers
Christopher R. Coons
Chapter 13 Certificate of Compliance & Mtn for Entry of Discharge
Objection filed by Jill Jess: Creditor holds a child support claim. At time of the
filing of this objection, debtor still owes creditor $621.53, of which $275.28 is a
priority claim. The plan proposes to pay creditor's debt outside of the plan.
Creditor objected. Difference between the total of $621.53 and $275.27 = $346.25,
which is a claim that permits the court to dismiss or convert to Ch 7. Debtor has a
long and checkered past that includes in his filed plan and schedules filed herein
understating the amount of the DSO due to Jill Jess.
Note: Claim #1 Jill Jess for $505 - paid in full. Issue w/ direct portion of debt.
Somers docket
April 17, 2015, 10:30 a.m.
09-23344 Charles Herbert Bigham and Jacquelyn Kay Bigham
N. Craig Horvath and Steven Long
Motion for Dismissal for Failure to Make Plan Payments
**cont to 6/19/15 for tracking**
DQ = $4137.28 @ $2540/mo
DQ accrued over the last several months.
Close to completion.
PTP w/ Green Tree @ $1400.39/mo - current
In month 66. Only on-going mort pmt and taxes left to pay - $3411.29 to IRS and
$105.33 to KDOR.
MTA pending. Abating two months. Obj due 3/28/15. Need order.
Somers docket
April 17, 2015, 10:30 a.m.
09-23981 David Joseph Knauss and Stacey ReNee Knauss
Thomas M. Mullinix III
TTE Notice of Final Cure Mortgage Payment (claim #21) 3/30/15 Doc #121
Mortgage paid directly. Arrears of $259 paid in full (claim #5)
Response to Notice of Final Cure Payment Rule 3002.1 (Claim # 5) Filed by
Filed by Creditor Bank of America (pre-petition arrears)
Agrees that claim #5 paid in full. Disagrees that current - amount due $9065.
Pmts from 5/12 to 3/15 @ $259 each.
4/7/15 Ds' Reply: Ds’ counsel had previously filed an Objection to Notice of
Mortgage Payment Change wherein Bank of America had provided the transaction
history accounting showing the consolidation of the second mortgage (xxx4401)
with the third mortgage (xxx4499). Pursuant to the transaction history, the second
mortgage (xxx4401) was paid off in the amount of $12,579.07 on May 27, 2014.
Ds further state that on January 28, 2015 they received a letter from Bank of
America, NA stating that the consolidated mortgage account (xxxx4499) was part
of a principal forgiveness program with the Department of Justice. The account
balance will automatically be forgiven on or before April 28, 2015.
4/14/15 BOA Resp: Agrees that Ds are current. The debt has been forgiven.
Notice of Mortgage Payment Change (Claim # 21) Filed by Creditor Bank of
America, Filed 4/8/15
New pmt starting 5/1/15 of $154.48 (old pmt $156.46) - should this be w/drawn?
Somers docket
April 17, 2015, 10:30 a.m.
09-24289 Marc Edwin Bouton and Donita Sue Bouton
Jonathan C Becker
Chapter 13 Debtor(s) Certificate of Compliance & Mtn for Entry of Discharge
Trustee does not object.
Somers docket
April 17, 2015, 10:30 a.m.
10-21392 Reynaldo Juaquin Puentes and Cheryl Ann Puentes
Jonathan C Becker
Chapter 13 Debtor(s) Certificate of Compliance & Mtn for Entry of Discharge
Trustee does not object.
Order discharging debtors entered 3/15/15
Somers docket
April 17, 2015, 10:30 a.m.
10-21693 Dennis Eugene Meier and Gail Marie Meier
Russell B. Cloon
Motion for Relief from Stay - Creditor Nationstar Mortgage, LLC
Debtors are behind 2 months; Nov & Dec. 2014.
D’s objection: D’s believe they are current and will submit proof of payment to
Nationstar.
Case is in month 56; Trustee will not file MTD for postpetition mortgage DQ
because it would not make sense at this point.
TPI: $13,965
Current with Trustee @ $245/mo.
Paid about 24% to GUs, mostly credit cards. No priority or secured debt.
Somers docket
April 17, 2015, 10:30 a.m.
10-21722 Matthew John Cain and Marci Ann Cain
Patrick Wiesner
Trustee’s MTD:
Incurred postpetition tax debt, causing case to be unfeasible.
D’s objection: Amended tax returns have decreased amount owed. Will amend
plan accordingly.
Cont from March for an amended plan to be filed.
Note: Ds recently amended their 2012 and 2013 tax returns - waiting for IRS to
amend claim.
Somers docket
April 17, 2015, 10:30 a.m.
10-21898 Deba Jeanne Briscoe
Patrick Wiesner
Motion for Dismissal for Other pursuant to 11 U.S.C. 1307 - Current @
$1100/mo EP
D owns 10916 Bradshaw St in OPKS. D in violation of declaration of covenants of
Quivira Falls. D relies on association to maintain nearly the entire exterior of her
home. D obligated to pay movant for her portion of water and wastewater services
provided to home. Currently mo assessment on D's residence is $207.03. D has not
paid homes association assessments for nearly two years. Dismissal of this case is
warranted under 11 USC 1307c1 and 6.
Objection: D denies dismissal is appropriate. She is complying with the terms of
her plan. D’s amended Schedule J did not provide to pay the HOA dues. See
Document 24, dated August 26, 2010.
D surrendered this property in her confirmed plan on August 27, 2010. The
property was secured by a lien in favor of two mortgagees, but neither mortgagee
has commenced foreclosure proceedings. D moved out of the property on October
31, 2010 and has not lived there since. The property was vacant until November
30, 2011, when Debtor arranged for a friend to live in the residence in exchange
for paying HOA dues. However, this friend did not make a single payment toward
the HOA dues.
D has filed an adversary action to determine the dischargeability of HOA dues
owed to Quivira for both post-petition pre-discharge and post-petition postdischarge, under 11 U.S.C. §1328(a). The adversary will address Quivira’s
concerns about payment of the HOA dues while not negating all of D’s work
toward completion of her plan and the discharge of her debts.
This Chapter 13 is in month 57. Quivira should not now be able to upset this
almost finished case.
Somers docket
April 17, 2015, 10:30 a.m.
10-23002 Robert Lee Lewis
Russell B. Cloon
Motion for Post-Confirmation Amendment of Plan to Lower Payments to 0
or Minimum Necessary Amount for Remainder of Plan - current @
$1761.17/mo
TTE's Objection:
1. Debtor’s Chapter 13 Plan was confirmed October 25, 2010. Debtor was
confirmed as an above-median debtor with a negative monthly disposable income
and an applicable commitment period of 60 months.
2. Debtor is paying his residential mortgage through the Chapter 13 plan.
Debtor’s residence is in Miami County, Kansas.
3. At the time of the filing of this Objection, 55 months have elapsed since
Debtor filed his petition.
4. Debtor’s monthly ongoing mortgage payment is $1,234.14 per month.
Debtor’s total plan payment is $1,761.17 per month.
5. The idea that the applicable commitment period mandates a plan run 60
months but allows a debtor to pay no plan payment, simply because unsecured
creditors were projected to receive nothing at confirmation, is an absurd result.
“[T]he lack of projected disposable income at the time a plan is confirmed does not
necessarily mean that additional funds with which to satisfy claims will not later
surface.[…] A five-year plan duration thus still makes sense, and may still result in
gains for creditors, even if the debtors have zero or negative disposable income at
the time of plan confirmation.” Pliler v. Stearns, 747 F.3d 260, 265 (4th Cir. 2014).
6. Debtor argues that the decreased plan payments are necessary due to
“modifications and other events occurring during his plan.” Although Debtor has
not filed a motion to surrender, counsel has informed the Trustee that debtor
Somers docket
April 17, 2015, 10:30 a.m.
intends to surrender his residence and therefore remove the mortgage payment
from the plan.
7. At the time Debtor filed his case, the U.S. Trustee’s means test local housing
standards for a mortgage in Miami County, Kansas for a household size of one was
$665 per month. At the time of the filing of this Objection, the standard is $1,012
per month.
8. The Trustee contends that a reduction in the plan payment amount to reflect
one of these figures, or to reflect actual rental expenses, is appropriate; but a
reduction of the plan payment to pay nothing for the remaining months is absurd.
Cases involving above median debtors with negative monthly disposable incomes
that end up paying a dividend to unsecured creditors are common; and reflect the
underlying principle in Chapter 13 to maximize distributions to unsecured
creditors.
Somers docket
April 17, 2015, 10:30 a.m.
10-24286 Randall W Glass and Stephanie L Glass
Patrick Wiesner
Motion to Abate & Decrease plan payments
Has been continued several times to track sale of property. Case not feasible
without.
Rec'd $100,974.44 in March from sale of real property (2323 SW Belle Ave,
Topeka, KS). $91k (principal) and $4k (interest) went to the IRS. Still owe over
$100k in sec and prior taxes.
Ds filed mtn to sell another piece of real property - 840 SE 37th St, Topeka. Ds
will receive roughly $37k - paying secured taxes and asking for a lien release. Ord
granting entered 4/14/15. Continue?
Cont from Dec for tracking.
Somers docket
April 17, 2015, 10:30 a.m.
10-24344 Phyllis Jean Pierce
Jason C Amerine
DQ = $7203 @ $2695/mo EP
LOF – Need $2930; drop dead date
Note – debtor called Trustee and said she would miss work due to medical
issues; but nothing ever filed.
Response: D is discussing options with counsel. (Filed 12/2.)
Continued in December, Feb & March for possible loan mod.
Paying $929/mo mortgage. Also paying for 07 Cadillac, 910 car getting $250/mo.
3/12/15 Email from DA: she lost her mother last month which took her out of town for a couple
weeks but I spoke to her late last week and she’s still working on getting a loan mod. She said she got
the paperwork and is still working on filling it out. Can we maybe go a couple more months then if
there’s been no progress, we can abate or dismiss?
3/12/15 Email from TTE to DA: Jon told you be email last month that was the last continuance? I'm sorry
that she lost her mother last month. However, though she has paid a lot through her plan, she's falling
behind more and more. She abated $5,000 last May and is now another $5,744.12 behind less than a
year later? I want proof of a loan mod or it needs to be dismissed.
3/18/15 Application provided.
4/13/15 Email from DA: I just left her a message to get an update on the loan mod.
Last I knew
she was going to send it all in last week. I know this is dragging out but I think the loan mod will solve
the issue if approved. One more month to see if the mortgage company responds?
Somers docket
April 17, 2015, 10:30 a.m.
11-21673 Perianayakam Premsingh and Nalini G Premisingh
Patrick Wiesner
Motion for Dismissal for Failure to Make Plan Payments - LOF
**to be w/drawn**
Somers docket
April 17, 2015, 10:30 a.m.
11-22992 Kerry Joe Rogers and Patricia LI Bender
Russell B. Cloon
**to be w/drawn**
Somers docket
April 17, 2015, 10:30 a.m.
12-20210 Lisa M McCants
David A. Reed
DQ = $158 @ $158/mo EP
DQ accrued over the last several months.
Rec'd $150in Feb. Nothing since. TTE would like to see another pmt before
w/drawing the mtd.
Note: Re-sent EP on 3/20/15 per DA's request
Somers docket
April 17, 2015, 10:30 a.m.
12-21067 Carol Ann Harris
Jonathan C Becker
Trustee’s MTD for default
**to be w/drawn**
Somers docket
April 17, 2015, 10:30 a.m.
12-21639 Arnold D. Madison and Monique Lee Madison
Jeannie M. Bobrink and Jeffrey A Koons
DQ = $3473.85@ $1568.02/mo [$701.35 DP & $866.67 EP]
Not paying direct portion
LOF - Need $1685/mo
PTP w/ Nationstar @ $1022.81/mo - DQ = $414.99
3/9 Resp: Will work w/ TTE's office to see if abatement feasible.
4/15/15 Email from DA: Madison:
12-21639 - can I abate? if so, can we continue so I can file
the motion?
If you file a MTA, you will need to include language that allows the TTE to roll the missed mortgage
payments into a separate claim. Do they agree to the increase of $1685?
Somers docket
April 17, 2015, 10:30 a.m.
12-21873 Ashley LeAnn Ralston
James W. Lusk
DQ = $714 @ $119/mo EP
Last pmt rec'd was Nov 2014
2/6 Resp: D will mail a $200 pmt by next Thursday. New employment. Will get
info for EP.
Somers docket
April 17, 2015, 10:30 a.m.
12-21963 Alma R Akins
David A. Reed
**to be w/drawn**
Somers docket
April 17, 2015, 10:30 a.m.
12-22697 Ellen M. Hume
David A. Reed
DQ = $675 @ $135/mo DP
Last pmt rec'd was Nov 2014
LOF - Need $137/mo
3/19 Resp: D had to close down her biz due to ill health. MTA to be filed. Son to
help make pmts.
MTA filed - abating thru March. Obj due 4/9/15.
Somers docket
April 17, 2015, 10:30 a.m.
12-22969 Rebekah Ladine James
Hilliard L Moore
DQ = $142 @ $75/mo DP
DQ over the last several months.
Rec'd $150 in Feb and $100 in April.
2/16 Resp: D remitted $150 on 2/16. D will either pay the remaining $94 DQ or
abate the pmts. Plan pmts will resume regularly at $75/mo in March.
4/14/15 Email from DA: Client advises she will either make up the arrears over a period of time
or we will abate. Continue a month?
Somers docket
April 17, 2015, 10:30 a.m.
12-23038 Reno Slade Aslin
Jeannie M. Bobrink
Motion to Allow Claims
**cont all motions to 6/19/15 for tracking / amended POC**
Trustee’s motion to allow KDOR claim, priority estimated of $4,568.42; postpetition priority of $5,439.31; unsecured of $960.
D’s objection: Debtor has completed returns and sent them to
KDOR/Trustee. Amounts owed are no longer estimated and KDOR can amend
claim.
Motion for Dismissal for Other
LOF – due to estimated KDOR claim (see above) need $565/mo (currently paying
$500).
D’s objection: same as above.
4/15/15 Email from DA: just got the pages missing sent to Andrea -- let me know what you want
to do -- I don't know if KDOR has filed an amended claim but I can object if they have not as the
estimated is way too high!
Somers docket
April 17, 2015, 10:30 a.m.
12-23370 Deanna Foster McCown Mathison
Jeannie M. Bobrink and Jeffrey A Koons
Motion for Relief from Stay re: 9527 West 116th Place, OPKS Filed on behalf
of Creditor Bank Of America - current w/ TTE @ $100/mo
D is DQ in 3 pmt of $5459.46
3/27 Resp: Admits behind. Attempting to bring current.
TTE's Motion for Dismissal - default in post-petition mort pmts
3/29 Resp: D trying to work something out w/ creditor. D understands that if DQ
then must amend plan to bring pmts thru plan.
4/15/15 Email from DA: Mathison:
12-23370 -- she is trying to get funds from family but does Bill
object if we amend the plan to include and include ongoing?
No objection to amending the plan to include the on-going mortgage payments.
Somers docket
April 17, 2015, 10:30 a.m.
13-20229 Judy Kay Pelot
Shane J. McCall
DQ = $236 @ $236/mo DP [abated $798]
Last pmt rec'd was Nov 2014.
Need pmts.
MTA filed - D had heart attack over holidays, included 10 day hospital stay and
on-going rehab. Abating thru Feb. Resume in March. Obj due 4/7/15.
Somers docket
April 17, 2015, 10:30 a.m.
13-20667 Keanna Michelle Bell
Keith A Wellman
DQ = $1925 @ $425/mo EP (new EP)
Last pmt rec'd in Nov 2014
MTA filed - abating thru March. Resume in April. Obj due 4/8/15.
Somers docket
April 17, 2015, 10:30 a.m.
13-20997 Troy Lee Vogel
David A. Reed
Motion for Relief from Stay. Filed on behalf of Creditor Brandon Michelle
Vogel
Current w/ TTE @ $1972/mo. Mort paid thru plan - current $876.61/mo.
MFR BY EX-WIFE, BRANDON MICHELLE VOGEL. DS DIVORCED IN 2012. D HAS FAILED TO FOLLOW THE
TERMS OF THE SEPARATION AND PROPERTY SETTLEMENT AGREEMENT AND HAS VIOLATED ORDERS OF
THE DIST COURT.
D HAS FAILED TO REFINANCE THE PROPERTY LOCATED AT 5653 SLOAN AVE, KCKS AND HAS FAILED TO
PAY BRANDON 1/2 OF THE EQUITY IN THE PROPERTY AS CALCULATED AT THE TIME OF THE DIVORCE. D
HAS FAILED TO MAKE TIMELY MORTGAGE PMTS ON THE PROPERTY AND TO MAINTAIN THE PROPERTY.
D HAS FAILED TO MAKE TIMELHY PAYMETNS ON THE MARITAL DEBTS WHICH D ASSUMED AND WAS
ORDERED TO PAY.
MFR IS BEING FILED FOR BRANDON TO PURSUE JUDICIAL ACTION AGAINST D CONCERNING VIOLATIONS
OF THE PARTIES SEPARATION AND SETTLEMENT AGREEMENT IN ORDER TO PROCEED WITH AN ACTION
IN THE DIST COURT OF WY CO.
Resp:
1. The motion fails to comply with LBR 4001(a).1(d).
2. The motion fails to allege any basis for relief under the proffered grounds of §§
362(d)(1) or subsection (d)(2).
3. The motion appears to be fashioned as an attempt to revisit issues which should
have been brought up in a timely objection to confirmation; in other words, this is
better seen as a gesture toward a Bankruptcy Rule 8001 appeal by other means,
forbidden by the same principles of res judicata which guided the Court in In re
Ramsey, 356 B.R. 217, 223 (Bankr. D. Kan, 2006).
Somers docket
April 17, 2015, 10:30 a.m.
13-21066 Neal Christopher Thigpen and Sheri L. Thigpen
Colin N. Gotham
**cont to 6/19/15 for MTA to be filed**
DQ = $3210 @ $1605/mo DP
DQ accrued over last several months.
LOF - Need $1609/mo
2/25 Resp: Ds intend to become current.
Somers docket
April 17, 2015, 10:30 a.m.
13-21594 Cary Lea Baumann
Adam M Mack
DQ = $327 @ $95/mo DP.
LOF, need $103/mo. Now need $115/mo.
D’s obj: D will get current or file MTA by hearing.
Somers docket
April 17, 2015, 10:30 a.m.
13-21733 Kimberly Dawn De La Cruz
Hilliard L Moore
DQ = $65 @ $65/mo DP
No payments from September through February. Debtor sent in $130 in
February and abated $162.50 in Feb.
Did not receive a pmt in March.
Running 57 months from filing.
D’s obj: Debtor mailed in $130 money order (received, see above) and agrees to
make regular monthly payments going forward. Case remains feasible.
Somers docket
April 17, 2015, 10:30 a.m.
13-22077 Robert Clark Johnson
Marion L Stern
Chapter 13 Plan - amended 12/17/14
Motion to Convert Case to Chapter 7
Current @ $1333/mo DP
TTE's objection to amended plan:
1. Debtor filed a Chapter 7 petition on August 13, 2013. Upon Debtor’s Motion, an Order converting
Debtor’s case to a Chapter 13 was entered on April 17, 2014.
2. The Chapter 13 Trustee filed a Motion to Convert the case back to a Chapter 7 on July 3, 2014;
arguing essentially the lack of Plan payments, failure to file multiple years’ income tax returns;
appearance of substantial equity in real property, and domestic support obligation arrears amounted to
an attempt to hinder and delay the collection efforts of creditors. (Doc. 70).
3. That motion is still pending.
4. Debtor has subsequently filed an amended plan and schedules and has addressed some of the tax
issues and the proposed plan does have the appearance of feasibility.
5. However, the amended plan does not address the claim by Debtor’s ex-wife, Kristin Johnson, for
$20,000. (P.O.C. 7).
6. It is unclear from the documents available to the Chapter 13 Trustee whether the claim is in the
nature of a domestic support obligation and therefore nondischargeable or whether the claim is in the
nature of a property settlement and therefore dischargeable under 11 U.S.C. § 1328(a)(2).
7. If the claim is a property settlement and therefore dischargeable in Chapter 13 but not
dischargeable in Chapter 7, the Debtor still appears to have converted to Chapter 13 in an attempt to
hinder and delay collection efforts of his creditors.
8. The Trustee objects to confirmation of Debtor’s amended Chapter 13 plan until Ms. Johnson’s
claim is addressed.
Cont from Feb for objection deadline to run on objection to $20k DSO claim. Obj
due 3/31/15. Ord disallowing entered 4/15/15.
Somers docket
April 17, 2015, 10:30 a.m.
13-22612 Erik Andrew Karlsson and Samantha Angeline Karlsson
Tracy L. Robinson
DQ = $3605@ $1030/mo EP (new EP)
Request debtors provide current address.
Requests drop dead due date.
Ds' Response: Ds fell behind, birth of child plus time husband’s time off work due
to weather. Will file MTA and request employer pay going forward.
MTA filed 3/26 - abating thru March. Birth of child. Obj due 4/17/15.
3/16/15 Email from DA offc: Address has been changed. The case analyst will be filing
amendments this week. Would like to continue to April for your review.
Somers docket
April 17, 2015, 10:30 a.m.
13-22692 Steven Michael Noland and Teresa Ann Noland
Richard C. Wallace
U.S. Bank Motion for Relief from Stay
D v. C
Note: this has been continued a couple times, debtors and creditors say they
are close to finishing a loan mod.
Debtors filed amended plan which surrendered home; May 2014.
D’s objection: Although they surrendered home in amended plan, are aggressively
seeking loan mod.
Current with Trustee $500/mo EP.
Somers docket
April 17, 2015, 10:30 a.m.
13-23032 Sandra Faye Turner
Hilliard L Moore
DQ = $998 @ $499/mo EP [$3301 abated thru Jan]
Last payment received in September.
11/10/14 Resp: D not getting sufficient hours at work to cover living expenses and
plan pmts. Searching for more stable employment.
4/14/15 Email from DA: If no plan payment by the hearing date, let it go.
Somers docket
April 17, 2015, 10:30 a.m.
13-23169 William Joseph Miller
David A. Reed
DQ = $1254 @ $494/mo EP
DQ accrued over last several months.
3/24 Resp: Debtor reports that payments have consistently been withheld from his
earnings, which indicates that his payroll is forwarding them under the wrong case
number.
Money has been transferred to Ds case. Bottom line - we didn't rec EP in 3
different months.
Somers docket
April 17, 2015, 10:30 a.m.
13-23262 Randall Lee Crump
Jonathan C Becker and Russell B. Cloon
Chapter 13 Plan
DQ = $200 @ $80/mo DP
Disbursing as if confirmed.
Adversary filed against Green Tree re: validity of lien--dismissed 3/6/15
????
OTC filed by Green Tree: PLAN DISPUTES THE VALIDITY OF THE MTG OF GREEN TREE SERVICING,
LLC. PLAN ATTEMPTS TO MODIFY THE RIGHTS OF A HOLDER OF A SEC'D CLAIM THAT IS SECURED
SOLELY BY REAL PROPERTY THAT IS THE DEBTOR'S PRINCIPAL RESIDENCE.
Motion for Relief from Stay Creditor Green Tree Servicing
DvC
Adversary filed to determine validity of lien on homestead. Adv dismissed 3/6/15.
Somers docket
April 17, 2015, 10:30 a.m.
14-20053 Stephen Michael Kalnasi
Kenneth M. Gay
DQ = $1025 @ $205/mo DP
Last pmt rec'd was Oct 2014. Four of 15 pmts remitted.
LOF - Need $562/mo
3/30 Resp: D will deliver $615 to DA on 3/26/15. D will pay extra in April and
May in order to be current by 5/31/15.
Paying taxes.
4/13/15 Email from DA: Debtor instructed me to file response to MTD stating that he would pay
$615.00 by 03/26/15 and extra payments in April and May to get current. He did not pay the $615.00.
He tells me today he has $500.00 to pay now.
IF he pays the $500.00 on e-pay today, will you continue to the May docket to see if he gets caught up?
4/13/15 Email to DA: Will do. I will keep an eye out for it. If he makes a pmt today, it should post
to our system tomorrow.
4/13/15 Email from DA: Update!!! He doesn't actually have $500.00 today. He
will have the actual dollars on the 16th. I urged him to pay online on the 16th
as early as possible.
Somers docket
April 17, 2015, 10:30 a.m.
14-20152 Tamara Regina Mitchell
Jason C Amerine
DQ = $1300 @ $260/mo DP
Last pmt rec'd Aug 2014
MTA filed - abating thru Feb. Order due. Waiting on pmts.
4/13/15 Email from DA: I haven’t been able to reach her.
Looks like at the last hearing we
agreed that it could be dismissed on 3/31 if she had not caught up on payments or converted. I told her
as much so we can let this one go unless I hear something different before Friday.
Somers docket
April 17, 2015, 10:30 a.m.
14-20159 Bradley Scott Williams
Jonathan C Becker
Motion for Post-Confirmation Amendment of Plan - current w/ TTE @
$591/mo
On June 1, 2014, D amended plan to surr homestead. Motion granted 7/24/14.
Wells Fargo sent someone to the home to winterize it and they left the back door
open causing damage in the home. The property remains in the D's name making
the D liable real estate prop taxes. Wells Fargo continues to send default notices to
D. D proposes to modify the plan to include specific language about the
surrendering of the prop that protects the D going forward.
Objection:
See attached.
Somers docket
April 17, 2015, 10:30 a.m.
14-20182 Vincent Weatherspoon, Sr. and Ronda Sue Weatherspoon
David A. Reed
Motion for Post-Confirmation Amendment of Plan to surrender the 2006
Chevy Aveo and lower plan payments to $317.00 per month
TTE's objection: LOF @ $317/mo.
4/2/15 Email from KA to DA: The B auto Sales claim still needs to be addressed re the 07
Saturn – I know they surrendered the 06 Chevrolet Aveo.
The proposed Plan payment of $317/mo is not sufficient. Assuming the B Auto claim ends up gone, I
calculate $400 is needed to keep the Plan at 62-63 months (@ $317/mo Plan run 74 mos).
Claim 5 from KDOR still has an estimated portion, but that’s only for a little over $400.
I know these folks are probably struggling mightily, but I don’t believe we can let a Plan run 75 mos.
Somers docket
April 17, 2015, 10:30 a.m.
14-20759 Amy Lynn Bruegger
Hilliard L Moore
Notice of Postpetition Mortgage Fees, Expenses, and Charges (Claim # 2)
Filed by Creditor Government National MTG
SEEKS TO ADD $500 FOR PLAN REVIEW ($150), FILING THE POC ($150),
AND NOTICES OF PAYMENT CHANGE ($50 x 2), AND NOTICE OF FEES
($100).
2/17 D's Objection: PRIMELENDING FILED THE NOTICE OF FEES BUT
ASSIGNED INTEREST TO GOVERNMENT NATIONAL MORT. FEES ARE
UNREASONABLE. ALSO THE MORT CO FILED FOR FEES OF $100 FOR
FILING THE NOTICE OF FEES.
3/24 C's Resp: PRIMELENDING IS PROPER ENTITY TO FILE THE NOTICE.
CREDITORS IS OVERSECURED. FEES ARE REASONABLE.
Somers docket
April 17, 2015, 10:30 a.m.
14-20965 David Wayne Banks, Jr.
Sarah A. Sypher
DQ = $400 @ $80/mo DP
Last pmt rec'd was Nov 2014.
3/19: D lost job. Looking for new one.
Somers docket
April 17, 2015, 10:30 a.m.
14-21987 Charles Dean House
Lindsey M Wyatt
Chapter 13 Plan
CONFIRM @ 100%
Somers docket
April 17, 2015, 10:30 a.m.
14-22049 Tony Nicholas Geiger (dismissed in Dec 2014) and Tiffany Gail Geiger
Garry Addam Fera
DQ = $3050 @ $500/mo DP (decreasing to $150/mo)
Jan Epay was rejected NSF
Rec'd $150 in Feb
No pmt in March
TTE's OTC: The Trustee objects to the plan payments being reduced to $150.00
per month as amended Schedules I and J filed on February 19, 2015 reflect excess
disposable income of $950.00 per month.
Note: Sched J expenses add up to only $2998 as opposed to $3798 listed.
MTA filed - abating thru Feb. Obj due 3/21/15.
Somers docket
April 17, 2015, 10:30 a.m.
14-22255 Brent Lee Nevins and Saysha Donn Nevins
Hilliard L Moore
**to be w/drawn**
Somers docket
April 17, 2015, 10:30 a.m.
14-22382 Derrick Lamont Weatherspoon
Garry Addam Fera
Chapter 13 Plan
LOF due to tax claims
3/16/15 Email to DA: ON MARCH 20 SOMERS CONF DOCKET – WE ARE NOW GETTING EP PYMTS;
HOWEVER CASE IS WAY UNFEASIBLE. DA/D NEEDS TO ADDRESS TAX CLAIMS…… KA
Motion Objecting to Discharge
Debtor received a Chapter 7 discharge on July 29, 2011, in case 11-20681 filed in
the District of Kansas. Case filed 3/17/11.
The above-captioned matter was filed October 6, 2014
Less than four (4) years have elapsed between the filing of Debtor’s Chapter 7 case
and this case.
Debtor is ineligible for discharge under 11 U.S.C. § 1328(f).
Somers docket
April 17, 2015, 10:30 a.m.
14-22728 Sheila Renee Cooper
Karen S Maxcy
**cont to 5/15/15 by agreement**
TTE's OTC: The plan is not feasible due to estimated tax claims filed by the IRS
and KS Department of Revenue, as well as an unaddressed secured claim filed by
Purchasing Power.
Note: 75 months.
4/14/15 Email from DA: the Trustee got to look at 2012 and 2013 tax returns at her final 341 but
we did not get a copy. And she has yet to provide a copy. The IRS's POC is estimated since they don't
have her returns either. Also, we have to give treatment to Purchasing Power since it appears to be a
PMSI debt that needs to be paid. We've left her messages. I just called and her phone is not accepting
calls. She is wage ordered through USPS so that's good. She's been tough to get in touch with for sure.
Continuances are minimally productive at this point I know, but can we?
Will cont to 5/15. Will file mtd-UD.
Somers docket
April 17, 2015, 10:30 a.m.
15-20045 John Thomas Webb
Colin N. Gotham
Chapter 13 Plan
OTC filed by Professional Video Supply: Creditor does not believe the debtor has
"regular income". Plan payments are not sufficient to pay priority tax claims. The
monthly mortgage payment to be paid outside of the plan exceeds debtor's income
by $247.61/month. Debtor also proposes to repay his life insurance policy loan in
the amt of $24,789.68 outside of the plan. Debtor has not informed Court of any
employment and if debtor were to obtain employment, he would have to earn
nearly 3 times what he has been receiving in unemployment to balance his budget.
Plan runs 60 months. Below median.
Plan pmt is $100/mo until May, then increases to $700/mo. Paying taxes. Rec'g
U/E (started in Jan) and looking for work.
FYI - 3/31/15 Mtn to Extend Time to File a Complaint under 727 and/or 523 filed
by Professional Video Supply - granted. Objecting due by 6/1/15
Somers docket
April 17, 2015, 10:30 a.m.
15-20049 Stacey Renee Morse
David A. Reed
Chapter 13 Plan
OTC filed by NFM: Debtor value of collateral = $500; Creditor value of collateral
= $1082.37 (& unsec'd balance of $724.95).
waiting on AO
Somers docket
April 17, 2015, 10:30 a.m.
15-20073 LaWanda Janelle Newton
Tracy L. Robinson
Chapter 13 Plan
CONFIRM @ 100%
Somers docket
April 17, 2015, 10:30 a.m.
15-20107 Anthony Michael Bragulla and LaTeashia Shaneca Bragulla
Neil S. Sader
Chapter 13 Plan
CONFIRM as amended 3/13/15
Somers docket
April 17, 2015, 10:30 a.m.
15-20146 Karen Kay Adams
Russell B. Cloon
Chapter 13 Plan
TTE's Objection: The plan is silent regarding debtor's Means Test pool of
$20,499.60. The non-standard provision of Paragraph 12 in the Plan contains the
following language: "Payment of any student loan claims, if any, shall be paid to
the extent possible prior to payment of general unsecured claims. Other general
unsecured claims shall be paid from any remainder on a pro rata basis, after
payment of all other claims in the plan, unless otherwise indicated."
Is the debtor proposing to pay the student loans in lieu of the Means Test pool?
Somers docket
April 17, 2015, 10:30 a.m.
15-20190 Michael Jeffrey Hildebrand and Kelley Dawn Hildebrand
Hilliard L Moore
Chapter 13 Plan
CONFIRM
Somers docket
April 17, 2015, 10:30 a.m.
15-20193 Gary Joe Jaklevich, I and Lori Leigh Jaklevich
Hilliard L Moore
Chapter 13 Plan
CONFIRM
Somers docket
April 17, 2015, 10:30 a.m.
15-20202 Bradford Winston Puff and Jessica Jane Puff
Chapter 13 Plan
OTC filed by US Bank: US BANK NATIONAL ASSOC IS THE HOLDER OF PROMISSORY NOTE IN THE
PRINCIPAL SUM OF $47,918, TOGETHER WITH IN, SEC'D BY A LIEN ON THE REAL PROPERTY OF THE D
LOCATED AT 3501 SE CALIFORNIA AVE, TOPEKA, KS 66605. D'S PLAN LISTS THE ARREARAGE TO BANK
NATIONAL ASSOC AS $0. THE ARREARAGE TO BE LISTED ON PROOF OF CLAIM IS APPROX $2,631.98
Somers docket
April 17, 2015, 10:30 a.m.
15-20205 James Lamont Wooten and Shantell Chereese Wooten
Jason C Amerine
Chapter 13 Plan
CONFIRM @ 100% as amended 3/6/15
Somers docket
April 17, 2015, 10:30 a.m.
15-20206 Brandon Wray Stewart and Gail Denise Stewart
Hilliard L Moore
Chapter 13 Plan
CONFIRM @ 100%
Somers docket
April 17, 2015, 10:30 a.m.
15-20218 Nathaniel Scott Demiter and Susan Marie Demiter
David L. Dean
Chapter 13 Plan
CONFIRM
Somers docket
April 17, 2015, 10:30 a.m.
15-20221 Stephen C Brisendine and Kerri L Brisendine
Jeffrey L. Wagoner
Chapter 13 Plan
CONFIRM @ 100%
Somers docket
April 17, 2015, 10:30 a.m.
15-20222 Robert Leon Ditzler
Hilliard L Moore
Chapter 13 Plan
CONFIRM
Somers docket
April 17, 2015, 10:30 a.m.
15-20236 Patrica Ann Luikart
Hilliard L Moore
Chapter 13 Plan
CONFIRM
Somers docket
April 17, 2015, 10:30 a.m.
15-20237 Tona Gail Osborn
Hilliard L Moore
**cont to 5/15/15 for deadline to run**
Somers docket
April 17, 2015, 10:30 a.m.
15-20239 Sophia Sabre Adams
Chapter 13 Plan
CONFIRM
Somers docket
April 17, 2015, 10:30 a.m.
15-20243 Melissa Mae Richardson
Lydia M. Carson
**cont to 5/15/15 for deadline to run**
Somers docket
April 17, 2015, 10:30 a.m.
15-20250 Sheila Kay Guess
David A. Reed
Chapter 13 Plan
DvC
OTC filed by Bank of New York: Claim is not properly classified in the plan. Real
property located at 1501 Richmond (rental).
Somers docket
April 17, 2015, 10:30 a.m.
15-20251 Rayona Lashay Pryor
Chris W Steffens
Chapter 13 Plan
CONFIRM
Somers docket
April 17, 2015, 10:30 a.m.
15-20252 Billy Joe Hill, III
Kristina S Zhilkina-Crump
Chapter 13 Plan
CONFIRM
Somers docket
April 17, 2015, 10:30 a.m.
15-20279 Ronald Lee Fries
Robert E. McRorey
Chapter 13 Plan
Amended OTC filed by Ally:
D'S PLAN DOES NOT PROVIDE FOR PRE-CONFIRMATION ADEQUATE
PROTECTION PAYMENTS . ALLY OBJS TO PAYING THE ATTORNEY FEES IN FULL PRIOR TO MAKINT THE
MONTHLY PAYMENTS TO SECURED CR'S. ALLY IS ENTITLED TO RECOVER ITS FEES AND COSTS INCURRED
BY FILING. VALUE OF $18200 VS. $9789.
OTC filed by First Natl Bank of KS: D HAS FAILED TO PROVIDE FOR PAYMENT THFOUGH PLAN
OF THE REAR BLADE AND ROTARY MOWER AS BEING ATTACHMENTS TO THE IH TRACTOR. D ATTEMPTS
TO EXEMPT PROPERTY AS CONSUMER GOODS VALUED AT $1500 CR SAYS $7,672 TO $10,000. D LISTS
HIS INCOME AND EXPENSES W/O PROVIDING ANY EXPLANATION OF EXPENSES OR PROVIDING ANY
ACCOUNTS RECEIVABLE W/N THE PLAN FOR FEB ACCRUED BUT UNPAID EARINGS. CR IS LISTED
INCORRECTLY AS CNH BUT CURRENT FINANCING STATEMENT IS W/ FNB OF KS.
Note: Bank statements don't seem to back up the $168k in self-employment income listed on the SOFA.
Income in bank statements looks more like Sched I - $3677 (if that).
Still waiting on 2014 tax returns/klf
Somers docket
April 17, 2015, 10:30 a.m.
15-20284 Baronika Denise Ollie
David A. Reed
Chapter 13 Plan
CONFIRM
Somers docket
April 17, 2015, 10:30 a.m.
15-20295 Lydia Denise Ruff
Hilliard L Moore
Chapter 13 Plan
CONFIRM
Somers docket
April 17, 2015, 10:30 a.m.
15-20307 Amanda Lee Schelert
Hilliard L Moore
Chapter 13 Plan
CONFIRM
Somers docket
April 17, 2015, 10:30 a.m.
15-20313 Jason Michael Bragdon
Ryan M. Callahan
Chapter 13 Plan
CONFIRM
Somers docket
April 17, 2015, 10:30 a.m.
15-20327 Carlos Edward Watson and Dominic Marie Watson
Hilliard L Moore
**cont to 5/15/15 for deadline to run on amended plan**
Somers docket
April 17, 2015, 10:30 a.m.
15-20340 Michael Joseph Donley, Jr and Samantha Joe Donley
Todd S Abplanalp
**cont to 5/15/15 for deadline to run on amended plan**
Somers docket
April 17, 2015, 10:30 a.m.
15-20342 Lea Ann Bruce
Chapter 13 Plan
waiting on mortgage docs
Somers docket
April 17, 2015, 10:30 a.m.
15-20361 Sharon Jan Kilgore
Hilliard L Moore
Chapter 13 Plan
CONFIRM
Somers docket
April 17, 2015, 10:30 a.m.
15-20364 James Robert Guy and Amanda Kristine Guy
Chapter 13 Plan
341 cont to 4/15/15 for H appearance or interrogatories.
LOF - running 143 mos based on estimated tax claims.
Somers docket
April 17, 2015, 10:30 a.m.
15-20702 Bobby Joe Herron and Shawntae Latrice Herron
James W. Lusk
Motion to Extend Automatic Stay
Ds filed a petition under Chapter 13 on April 10, 2015.
Ds previously filed a Chapter 13 case on August 23, 2011, and the case was
assigned case number 11-22580. The case was dismissed on July 26, 2013 for lack
of plan payments.
The petition in this case has been filed in good faith as to all creditors. Debtors
believe that the Chapter 13 plan they have submitted will be confirmed and that
they will be able to fully perform under the terms of the plan.
Sec 341 set for 5/4/15 - employer pay.
What has changed?

09-20748 Ian Sean Cahir Judge: Dale L. Somers Christopher R

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