Berger AM Docket - Chapter 13 Trustee

Transcription

Berger AM docket
May 12, 2015, 9:30 a.m.
13-21559 Oleksandra M Okrepka
Judge: Robert D. Berger
James W. Lusk
Chapter 13 Plan - current w/ us @ $100/mo
DOC #52 - MEMORANDUM OPINION AND ORDER GRANTING CREDITOR'S OBJECTION TO PLAN
CONFIRMATION, DENYING DEBTOR'S CLAIM OBJECTION, AND GRANTING CREDITORS MOTION TO LIFT
AUTOMATIC STAY. PROPERTY SETTLEMENT OBLIGATION FROM DIVORCE IS NOT A DSO. HOWEVER,
SINCE THERE NOT A REASONABLE LIKELIHOOD DEBTOR CAN PROPOSE A CONFIRMABLE PLAN AND
CREDITOR IVAN HAS AN IN REM INTEREST IN THE MARITAL RESIDENCE CREITOR'S MRFS IS GRANTED.
DEBTOR'S OBJECTION TO CLAIM #8 IS DENIED SINCE CREDITOR DOES HAVE AN IN REM INTEREST IN THE
HOME. SINCE DEBTOR CANNOT PROPOSE A CONFIRMABLE PLAN THAT ADDRESSES THE SECURED CLAIM
OF IVAN HE IS GRANTED RFS.
Claim #8 allowed as secured in the amount of $73,251.00. Plan is not feasible w/ a
plan pmt of $100/mo.
Berger AM docket
May 12, 2015, 9:30 a.m.
14-21023 Felipe Armenta and Angelica Armenta
Jeffrey L. Wagoner
Chapter 13 Plan
CONFIRM as amended 3/31/15
Berger AM docket
May 12, 2015, 9:30 a.m.
14-21398 Corey William Cannella and Michelle Elaine Cannella
David A. Reed
Chapter 13 Plan
Order vacating Order and memorandum opinion entered 4/29/15
TTE's OTC: Debtors' plan fails to address the $3010 in non-exempt assets (three
bank accounts and cash).
Recent Somers opinion in Goudreau 14-22731.
Berger AM docket
May 12, 2015, 9:30 a.m.
14-21645 David Milton Lewis
Jonathan C Becker
Motion for 2004 Examination Filed on behalf of Creditors Brian Tolefree,
Why I Work So Hard, LLC - current w/ TTE @ $1000/mo DP
Neil Sader retained in March/2015. Creditor's request Court's approval to depose
David Milton Lewis within 20 days after an Order is entered. The scope of the
examination shall relate to the operation of any and all businesses by the debtor,
the source of any money or property acquired or to be acquired by the debtor for
purposes of consummating a plan, whether debtor's actions in filing the petition
were in good faith and reviewing whether the plan has been proposed in good faith.
4/20 Obj: All of the other objecting parties, except for Mr. Tolefree has settled.
Mr. Tolefree did not file a motion to extend Sec. 523 objection to dischargeability.
On 1/13/15, all parties agreed the matter was set for a 1-day evidentiary hearing on
the pending objections. On 2/16/15, 1st counsel for Mr. Tolefree filed his 2nd
Motion to withdraw which was granted on 3/11/15. On 3/25/15, Mr. Tolefree's 2nd
counsel entered his appearance. Contrary to the statements on the record on
1/13/15, Mr. Tolefree's 2nd counsel now wishes to conduct a foraging expedition
thru Mr. Lewis and his business. Before Mr. Tolefree's 2nd counsel entered his
appearance, creditor has allowed Sec 523 deadline to pass, failed to file Rule 26
Planning Meeting report, has filed a MRS, has conducted no discovery in the 9
months since case filed, conducted no discovery in 8 months his atty first entered
appearance, has entered premises and claimed he is an "owner", entered the
premises and set up shop, not ordering any food in a restaurant and otherwise
alienated and denied debtor and his business entities from earning income and has
demanded 3rd parties change the operating agmt. Creditor now wants a "do-over"
and debtor's expense. If Court should grant this Motion, debtor asks that Mr.
Tolefree be excluded from attendance because of his oppositional-defiance
behavior.
Berger AM docket
May 12, 2015, 9:30 a.m.
14-22209 Howard Lee Teague
Sarah A. Sypher
Chapter 13 Plan - Amended 3/19/15
Current w/ TTE @ $100/mo DP
OTC filed by IRS to 3/19/15 Amended plan: The IRS filed a Proof of Claim on
09/24/2014, in the amount of $30,652.16. Secured claim in the amount of
$2,450.00, an unsecured priority claim in the amount of $27,629.93, and a general
unsecured priority claim in the amount of $572.23.
D’s Amended Plan now recognizes the IRS’s secured claim, it is not clear that this
plan is feasible.
Although D’s plan recognizes the IRS’s unsecured priority claim, it does not
provide for full payment of the IRS’ priority claim as required by 11 U.S.C. § 1322
(a)(2). And while Debtor indicates that the unpaid priority claim will not be
discharged, the IRS does not agree to lesser treatment.
FYI - ADDS IRS DEBTS. PARA 17 OTHER PLAN PROVISIONS: DEBTOR IS CURRENTLY NOT WORKING AND
RECEIVING ONLY UNEMPLOYMENT BENEFITS. D PROPOSES $100 MONTHLY PAYMENT FOR THE FIRST 12
MONTHS, ENDING IN SEPT 2015. AT THIS TIME, OR SHOULD DEBTOR'S INCOME INCREASE PRIOR TO
THEN, DEBTOR SHALL AMEND HIS PLAN PAYMENT TO PAY ALL ALLOWED SEC'D AND PRIORITY CLAIMS.
ALL OTHER PROVISONS REMAIN THE SAME.
5/6/15 Email from DA: OTC filed by IRS – waiting to hear back from debtor re: employment
status. I will request continuance if needed and all parties agree.
FYI - D has new job. DA to propose plan w/ ACP starting at confirmation.
Berger AM docket
May 12, 2015, 9:30 a.m.
14-22426 Tessa Rose Swodeck
Christopher R. Coons
Motion for Dismissal for Failure to Make Plan Payments
**TTE to upload Order of Dismissal**
DQ = $80 @ $80/mo due to recent MTA - $326.16.
Last (and only) pmt remitted in case was Nov 2014.
Per Order on MTA - resume by 4/30/15 or case dismissed.
Per MTA, D ill and unable to work. Rec'g short-term disability.
Cont from March for tracking/pmt.
Berger AM docket
May 12, 2015, 9:30 a.m.
14-22429 Cliff Anthony Dunham, Jr.
Hilliard L Moore
Chapter 13 Plan
**cont to 6/23/15 for tracking**
DQ = $725 @ $594/mo EP [MTA $1966 in Feb 2015] - New EP
Rec'd $593 in April. Last pmt before that was $150 in Nov 2014. TTE would
like to see another pmt before w/drawing the mtd.
D working again?
Paying for a 2013 Chevy Malibu - $21k / 910 car; furniture and small tax liability.
MTD-$ filed - to be set for hearing 5/12/15. Obj due 5/5/15.
5/4/15 Email from DA: Client sent in $593 in April (not sure why payment is $1 short of plan
payment). It also appears a new WWO has been issued to his employer. Can we continue this one a
month to see if payments start coming in from the employer? Once that happens, we will abate missed
pp’s
Berger AM docket
May 12, 2015, 9:30 a.m.
14-22609 Jessica Reding and Gabriel Reding
Jonathan C Becker
Chapter 13 Plan - amended 3/16/15
Current @ $3973/mo EP starting in April [$2384 & $1589]
TTE's OTC to 3/16/15 Amended plan: The debtors' amended plan is not feasible.
The plan payments would need to increase to $4176.00 per month for the plan to
complete within the allotted time. Consent to increase? If so, how should we set
up the wage orders?
Cont from April by agreement of the parties.
Berger AM docket
May 12, 2015, 9:30 a.m.
14-22870 John Bernard Morris, III and Diane Angela Morris
Tracy L. Robinson
Chapter 13 Plan
CONFIRM w/ NEE of $3177.48 as amended 4/17/15. Obj due 5/8/15.
TTE's Objection to Debtor's Claim of Exemptions
COMES NOW the Chapter 13 Trustee, W. H. Griffin, and hereby moves the
Court for an Order denying the debtors' exemptions claimed on painting in the
amount of $10,000, under Kan. Stat. Ann. §60-2304(a). The personal property
exemption is limited to items that are reasonably necessary for the principal
residence. Paintings do not appear to be reasonably necessary for the
reorganization of the debtors.
Berger AM docket
May 12, 2015, 9:30 a.m.
14-22914 Donald Gene Stearns, Jr. and Jennifer Lee Stearns
Shane J. McCall
Chapter 13 Plan - current w/ TTE @ $1900/mo (step pmt plan)
Amended OTC filed by IRS: THE IRS FILED A PROOF OF CLAIM ON 1/30/2015 IN THE AMOUNT
OF $145,066.09. THE PROOF OF CLAIM SETS FORTH THE SERVICES SEC'D CLAIM IN THE AMOUNT OF
$123,542.66, AND UNSECURED PRIORITY CLAIM IN THE AMOUNT OF $14,841.27, AND GU PRIORITY
CLAIM IN THE AMOUNT OF $6,682.36. ON FEB 3, 2015, THE US FILED AN OBJ TO CONF OF THE D'S PLAN
BECAUSE IT DID NOT RECOGNIZE THE FULL AMOUNT OF THE IRS'S SEC'D CLAIM OR EXPRESSLY PROVIDE
FOR FULL PAYMENT OF THE IRS'S UNSECURED PRIORTY CLAIM. DOC 23. BASED UPON THOSE
INCREASED AMOUNTS OF THE D'S DEBT TO THE US, IT WAS ALSO UNCLEAR THAT THEIR PLAN WAS
FEASIBLE. ALTHOUGH D'S PLAN RECOGNIZES THAT THE IRS HAS SEC'D CLAIM IN THE AMOUNT OF
$95,423.96, IT DOES NOT PROVIDE FOR FULL PAYMENT OF THE IRS'S SEC'D CLAIM ($123,542.66).
FURTHERMORE, PURSUANT TO 11 USC 1325 a 5, D'S PLAN MUST PROVIDE FOR PAYMENT IN FULL OF
THE SERVICE'S SEC'D LIABILITY PLUS AN APPROPRIATE RATE OF INT. THE CURRENT INT RATE UNDER IRC
6621 THAT IS APPLICABLE TO THE UNDERPAYMENT IS 4%. FURTHERMORE, INT IS COMPOUNDED DAILY
PURSUANT TO IRC 6622. D'S MUST AMD THE PLAN TO PROVIDE FOR FULL PAYMENT WITH INT, OF THE
SERVICES SEC'D CLAIM AND , FURTHER, TO PROVIDE FOR RETENTION OF THE IRS'S LIEN.
Cont from Feb, March and April by agreement of the parties.
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20019 Sean Michael Richmond
Ryan B Patton
Chapter 13 Plan
Motion for Dismissal for Other - FTA and FTC
DQ = $420 @ $140/mo EP
D appeared at cont 341 meeting, just waiting on pmt - EP went out 2/24/15.
2/25/15 Resp: D will appear at 341 and will mail a pmt.
Cont from April for pmt by 4/30 or case dismissed. **Order of dismissal to be
uploaded**
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20083 Kevin Ian Duarte and Jessica Ann Duarte
Hilliard L Moore
Chapter 13 Plan - current w/ TTE @ $343/mo
OTC filed by JP Morgan Chase: PLAN SCHEDULES ZERO PRE PETITION ARREARS; HOWEVER,
CREDITOR IS OWED $7288.42 IN PRE PET ARREARS. PLAN PROPOSES POST PET PYMTS DIRECT;
HOWEVER, SHOULD BE PAID THRU PLAN. PLAN PAYMENT INSUFFICIENT TO FUND ARREARS AND
ONGOING MORTGAGETHRU PLAN.
5/4/15 Email from DA: It looks like we are finally close to resolving this one.
will appear for it.
Cont from April for loan mod to be finalized.
As of right now, we
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20108 Gregory Robert Jones
Jason C Amerine
DQ = $2915 @ $4656/mo DP (increases to $5675 in May)
Rec'd pmt in Feb
$0 in March
$1775 in April
MTD set straight to hearing.
FYI - Confirmation hearing re-set to pre-trial (OTC filed by Stanley Bank) on
6/2/15. NEE of $8923.35
5/6/15 Email from DA: This is set for pretrial for the Objection by Stanley Bank.
I am filing a
motion to abate for the March payment. Debt should be current by the end of May. Can we continue
to June to see what happens at pretrial and whether he gets current?
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20123 Vivian Ardith Sill
Jeremiah R Jones and Sarah A. Sypher
Chapter 13 Plan - current @ $700/mo
TTE's OTC:
1. The plan is running 86 months based on currently available information. The plan payment of $700
per month is not enough to pay the mortgage of payment $375 per month and the $1500 mortgage
arrears, $8600 title loan, and $11,363 to the general unsecured creditors. The plan payment must
increase to $1425 per month.
2. In addition, the Trustee requested that the debtor's niece fill out and return a statute of limitations
waiver with regard to the transfer of assets.
Email to DA 2/19/15 & 4/20/15 w/ SOL waiver
3/13/15 Email from DA: I wanted to talk to you about Sill.
The loan to her niece is not a
preference. I don’t think she should have to pay it through the plan. If you don’t agree with her keeping
it assist her disabled brother, than perhaps we can propose to pay it if it comes in – honestly, I doubt her
niece will ever repay it. We can amend schedule B to reflect a new treatment. The trustee is welcome
to pursue it. Let me know what you think. Thanks!
3/20/15 Email to DA: I chatted with Bill about this case this morning. He would like documentation regarding
the debtor's obligation to support the nephew w/ the inheritance.
4/17/15 Email from DA: The debtor agrees to the amount requested through the plan.
Can you put the
amount in the confirmation order? We will get you the waiver asap.
4/20/15 Email to DA: We will confirm the case after we received the waiver.
5/6/15 Email from DA: OTC filed by T’ee – sent waiver to her 4/20, called and resent on 5/6
(she said she didn’t get it on 4/20) – she said she will get it to us asap. Continue for waiver?
Okay. Last continuance.
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20124 Marilyn Rene Smith
David A. Reed
Chapter 13 Plan - current @ $483/mo DP
LOF - Runs 66 mos. Email to DA sent 2/19/15.
Need $558/mo - email to DA on 5/7/15
OTC filed by Freedom Mortgage:
FREEDOM MORTG CORP BY LOANCARE LLC HOLDER OF
PROMISSORY NOTE ON 211 S GREEN ST, TONGANOXIE, KS 66086. D'S PLAN LSIST ARREAGES AS N/A. D IS
NOT CURRENT ON PRE-PET $1,998.46, SO POST-PET MORTG PAYMENTS SHOULD BE PAID THRU THE
PLAN. NOTES: TO DATE, NO MORTG CLM FILED.
FYI - Mtn for Approval of Mort Mod filed 4/2/15. Order entered granting motion
on 5/6/15.
Cont from April for loan modification. AO on NFM.
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20131 Larry Wayne Parrish and Linda Lee Parrish
David A. Reed
Chapter 13 Plan
CONFIRM w/ $3560.65 to general unsecured as amended 4/14/15
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20160 Gregory Joseph Smagiel
Jason C Amerine
Chapter 13 Plan
DQ = $495 @ $165/mo DP
waiting on pmts
MTA filed - abating thru March. Will resume in April. Obj due 4/23/15.
4/16/15 Resp: Unexpected expenses.
4/24/15 Suggestions of death. D passed away in April, 2015.
Cont from April for April pmt or case dismissed.
5/6/15 Email from DA: He passed away in April.
This can be dismissed.
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20176 Dale Eugene Henry and Kristen Nicole Henry
David A. Reed
Chapter 13 Plan
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20181 Douglas Lee Myers
Jason C Amerine
Chapter 13 Plan
First ePay decline. Rec'd second ePay on 5/7/15--needs to clear.
Is D employed? EP set up thru ABC Roofing Inc in March - nothing rec'd from
them.
Cont from April for pmt or case may be dismissed.
5/5/15 ePay declined: We received notice from the bank that ePay for $260 which posted 4/30/15
was rejected due to "no acct/cannot locate/name mismatch." The pmt was reversed.
5/15/15 Email from DA: Ok, I talked to Douglas Myers and he said he had this same problem with
the utility company when he tried to use his prepaid debit card. He’s going to try again today with a
different card.
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20184 Mark H Engen and Maureen E. Engen
Teresa M. Kidd
Chapter 13 Plan
OTC filed by TTE to 5/4/15 amended plan:
1. The mortgage claim filed by BMO Harris Bank shows the mortgage has a
balloon note due July 1, 2018. The Chapter 13 case will not be completed by that
date. The plan needs to be amended to address how this mortgage will be paid by
then.
2. The amended plan provides for a pool of $29,460, per the amended Mean's Test,
however it is also adding a Special Class Creditor, Navient Solutions, for a student
loan claim. The amended plan seeks to pay the student loan creditor in full
($34,281) at 0% interest rate prior to any other general unsecured creditors.
3. The Trustee objects because the amended plan's separate classification of the
student loan debts unfairly discriminates against other creditors and thereby
violates 11 USC Section 1322(b)(1). The nondischargeable nature of Chapter 13
debtors' student loan debt, without more, is an insufficient reason for
discriminating in favor of student loan creditors. In re Knowles 501 B.R. 409
(Bankr. D. Kansas 2013).
See also In re Stull - can pay student loans AFTER pool satisfied.
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20203 Chanita Denise Tuggle
Hilliard L Moore
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20281 Allen Kent Epstein
David L. Dean
Chapter 13 Plan
Current @ $3000/mo DP
TTE's Objection: See attached.
2014 tax returns: Single, HOH with 1 dep. Business income $36,072 minus $2,549 in self-employment
tax for AGI of $33,523. Owes FED $5,854. Gross business income was $156,521 with $10,463 from
returns/allowances leaving $146,058. Cost of goods deducted $51,918 leaving gross profit of $94,140.
Expenses total $50,861 plus the $7,207 for use of home as a business leaving $36,072 as his profit.
Owes Fed $5854. Owes MDOR $565.00 and getting back $135 from KS.
4/16/15 Email from DA: Could we continue 15-20281 Epstein to May? Debtor provided 2012 – 2014 tax
returns yesterday and 341 meeting has been continued to 4/22/15. I will get a proposal to your office in
the next week or two on resolution of your issues.
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20283 Camillia N Hill
David A. Reed
**to be w/drawn**
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20289 Anthony Lamar Williams
Jay T. Grodsky
**cont to 6/23/15 for the deadline to run**
OTC filed by TTE: Debtor is above median and is proposing a 36 months
commitment period because of post-petition income reduction. The debtor was
above median at the time of filing, it is the Trustee's position that the debtor has a
commitment period of 60 months.
Plan amended 4/24/15 - not worked yet. Obj due 5/15/15. Looks like it resolved
TTE's issues.
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20297 Junius Scott Smith and Susan Elaine Smith
Keith A Wellman
Chapter 13 Plan - current @ $700/mo
WHG reviewing case. 2004 exam held 4/22/15 and may need to pick up again TTE would like to ask additional questions.
OTC filed by Farmers Insurance: See attached.
Objection to Exemptions filed by Farmers Insurance: Requests that Ds' exemption
in 2000 VW Beetle be denied and the exemption in their residence be reduced.
See attached.
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20348 Justin Grant Bartholomew
Kristina S Zhilkina-Crump
Chapter 13 Plan
OTC filed by NFM: Plan proposes to surrender collateral to NFM, but collateral has not been
surrendered to NFM yet.
Cont from April for resolution.
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20369 Reginald L Taylor and Theresa A. Taylor
Teresa M. Kidd
Chapter 13 Plan
341 meeting cont to 5/20/15 for tax rtns
OTC filed by TTE:
1. Debtors are proposing to pay $572 per month for a home in Missouri, not
occupied by the debtors. The retention of the property is not reasonable and
necessary and jeopardizes the success of the debtors chapter 13 plan.
2. Debtors are above median. However, their plan states they are below median.
The plan needs to be amended.
Ds' Resp: See attached.
Cont from April by agreement.
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20376 James Edward Jackson, Sr. and Anita Louise Jackson
Jason C Amerine
Chapter 13 Plan
CONFIRM @ 100% as amended 4/1/15 w/ NEE of $29,010
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20377 Lance McClain Atkins
Chapter 13 Plan
waiting on pmt - EP
mtd-ftc to be filed.
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20379 Anthony Eugene Gooden and Sharon Patrice Gooden
Tracy L. Robinson
Chapter 13 Plan
waiting on pmt and mtn to deviate from EP
mtd-$ filed.
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20380 Ronald Damon Byrd
Hilliard L Moore
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20381 Terence Patrick Smith and Abigail Kristin Bender
Hilliard L Moore
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20382 Eric Lee Donovan and Julia Dawnyel Donovan
Sarah A. Sypher
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20383 Denise Marie McMillan
Hilliard L Moore
Chapter 13 Plan
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20384 Steven Tyrelle Phillips
Chapter 13 Plan
CONFIRM
**to be w/drawn**TTE's OTC: Debtor includes $400 per month for a pro-rated tax
refund on Schedule I. Debtor received federal tax refunds of $831 in 2014 and
$312 in 2013. In addition, the Debtor owed Kansas $570 in 2013. The Debtor's
plan does not appear to be feasible.
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20385 Jimmy Allen Rogers and Shawndra Rene Rogers
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20386 Arthur Thomas Wilson, Sr.
Chris M Troppito
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20390 Latice DaShon Ervin
Hilliard L Moore
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20397 Reneshia Mechelle Scott
David A. Reed
Chapter 13 Plan
OTC filed by NFM: PLAN CONTEMPLATES PAYMENT OF $1079 TO NFM AS SECURED. NFM
BELIEVES VALUE OF COLLATERAL = $$2285.20
THEREFORE, NFM BELIEVES IT CLM SHD BE ALLOWED AS $2285.20 SECURED + $177.25 GU.
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20398 Justin Eugene Rose
Hilliard L Moore
Chapter 13 Plan
CONFIRM @ 100% as amended 4/1/15
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20401 Carmen Yvonne Hill
David A. Reed
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20408 Lal Tin Hup
Hilliard L Moore
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20418 Erica Aileen Hatfield
Hilliard L Moore
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20419 Melissa Bea Clark
David A. Reed
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20421 Michael Eugene Brown
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20425 LaNeece Irene Jardon
Chris W Steffens
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20433 Dianne May Verrill
David L. Dean
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20440 Kelly Patrice Gill
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20443 Steven Carl Anderson
Hilliard L Moore
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20450 Edward Lee Hammer and Jennifer Michelle Hammer
David L. Dean
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20452 Shaun Oliver Lanham
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20454 Gregory Edward Gunther
Cary W Eldridge
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20456 Randy Wayne Howell and Laloni Lou Howell
Cary W Eldridge
WHG to file OTC. TTE request doc on when each 401k loans PIF & D paying
$286/mo on mobile home for one more year. R & N to retain Harley. Need pmt.
4/27/15 Email from DA offc: Good
afternoon Karie,
Please continue Case No. 15-20456 Randy Wayne Howell and Laloni Lou Howell over
to the next docket for resolution of confirmation issues.
Thank you.
Sandy
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20460 Annisa Marie Dangerfield
Michael R Norlen
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20462 Patti Ann Gainous
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20465 James Edward Smith
David A. Reed
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20466 Ronald Ray Robinson
Chris W Steffens
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20473 Steven Charles Luttrell and Beverly Jean Luttrell
Cary W Eldridge
**cont to 6/23/15 for the deadline to run on the amended plan**
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20475 Sandra Lee Brownlee
Ryan B Patton
Chapter 13 Plan
Need amended petition to disclose physical address.
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20476 Timothy Shawn LeManske, Sr.
Ryan B Patton
Chapter 13 Plan
CONFIRM @ 100%
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20477 Charles Leamon Stevens, II
Sarah A. Sypher
Chapter 13 Plan
LOF - Need KDOR claim resolved ($353k). Obj to claim pending. Obj due
5/11/15.
5/6/15 Email from DA: Confirmation Hearing – negotiating settlement with KDOR – I will
request continuance if needed and all parties agree.
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20479 Deshawna Rena Smith
David A. Reed
Chapter 13 Plan
TTE's OTC:
1. The trustee objects to the following provision in the non-standard provision of paragraph 11 of the
plan: "Pay available funds during 36 month plan base."
2. The debtor's plan does not propose to pay another other general unsecured creditors.
3. The Trustee objects because the plan's separate classification of the student loan debts unfairly
discriminates against other creditors and thereby violates 11 USC Section 1322(b)(1).
4. The nondischargeable nature of Chapter 13 debtors' student loan debt, without more, is an
insufficient reason for discriminating in favor of student loan creditors. In re Knowles 501 B.R. 409
(Bankr. D. Kansas 2013).
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20482 Joel David LeBlanc and Erica Penny LeBlanc
Tracy Wrisinger
Chapter 13 Plan
Motion to Incur Debt - $13,000 from Instant Auto
Surr 2014 Lexus IS lease. Loan of $13,000 w/ 23% interest to purchase 2007
Honda Accent or comparable car. $241 bi-weekly.
No objection from the TTE.
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20489 Jennifer Lynn Morang and Garymax Howard Morang
Steven A. Stockard
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20493 Durwin Delane Houston
David R. Barlow
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20494 Rodney Eugene Simpson
David R. Barlow
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20495 Chad Stewart Bowman and Leslie Christine Bowman
Jonathan D Bhend
Chapter 13 Plan - 4/28/15
**cont to 6/23/15 for the deadline to run on the amended plan**
DA to amend to address TTE's issues. Need pmt.
OTC filed by Toyota:
RE 2013 TOYOTA CAMRY
PLAN FAILS TO COMPLY W/ SECTION 1325(a)(4) & (5) IN THAT VALUE AS OF EFFECTIVE DATE OF PLAN,
OF PROPERTY TO BE DISTRIBUTED TO CREDITOR IS LESS THAN AMOUNT THAT WD BE PD IF ESTATE
WERE LIQUIDATED UNDER 7 OF CODE
DEBTOR IS UNDERSTAED IN AMT OWED, AMT OWED IS $21,644.78; SHD BE PD FULL AMT + INT AT DISC
RT.
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20499 Monica Demetra Jones
David A. Reed
Chapter 13 Plan
DQ = $1040 @ $1340/mo DP
waiting on pmt - DP
D remitted $300 check on 5/6/15 - needs to clear / need full plan pmt
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20503 Ryan Harris Hooks
David A. Reed
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20505 Lisa Evette Alexander
David L. Dean
Chapter 13 Plan
OTC filed by SW Natl Bank: FOR COLLATERAL 2010 DODGE NITRO CREDITOR BELIEVES VALUE IS
$15,500. D'S PLAN PROVIDE PAYMENT OF BANK'S CLAIM BASED ON A VALUE OF $13,471.
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20507 Terry Lee McLaughlin, Sr and Marsha Louise McLaughlin
Chapter 13 Plan
CONFIRM w/ NEE of $5285.71 - paying full NEE.
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20508 Trevor Alan Donovan and Meagan Dawn Donovan
Hilliard L Moore
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20511 James Robert Easterbrook
Chapter 13 Plan
waiting on pmt - EP
4/28/15 Email from DA offc: The Debtor has been garnished post-pet.
The garnishment is now
stopped, but he is waiting to get the refund from his employer and then will be able to send in his plan
payment.
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20515 Claudette A. Robinson
Erlene W Krigel
Chapter 13 Plan
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20521 Jimmie Dale Greer
Gary Mardian
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20523 Marlonda Marie Davis
Hilliard L Moore
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20530 Diane Mae Plunkett
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20531 Ralph Augustine Zarazua and Debbie Lou Zarazua
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20532 Leon Ramirez, Jr.
Ryan B Patton
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20533 Patrick Lennon Coleman
Coleman R. Ellis
Chapter 13 Plan - amended 5/6/15 - to resolve NFM OTC
OTC filed by NFM: D'S PLAN PROPOSES UP TO $3,000 VALUE.
NFM BELIEVES CLAIM SHOUL DBE
TREAT AS SECURED FOR $5,906 & G.U. BALANCE OF $1,070.44. NOTES: NFM IS CLAIM #3.
*Need to wait on objection to exemption. May need to pay $1000 to the GU.
Need lang that paying back $1000 preference to father
FYI - TTE to file an objection to exemptions 4/28/15 - Need to remove $1000 in
sports memorabilia, $500 sporting goods and $75 shot gun exemptions.
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20534 Jason Andrew Sonnakolb and Mary Kathryn Sonnakolb
Ryan B Patton
Chapter 13 Plan
OTC filed by Easy Credit: RE: 09 DODGE CARAVAN.
PLAN PORPSES EMA OF $175. THIS AMOUNT
DOES NOT ADQUATELY PROTECT THE COLLATERAL OF CREDITOR.
TTE requested preference info (Payless Auto) at the 341 meeting of creditors on
4/22/15.
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20536 Patricia Michelle Russell
Hilliard L Moore
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20547 Darrin Jon Holle and Katina Faith Holle
Ryan D Knipp
Chapter 13 Plan
**cont all mtns to 6/23/15 to let deadline run on mtd**
341 cont to 5/20/15 for appearance.
TTE's Motion Objecting to Discharge
Prior chap 7 [12-22278] filed 8/22/12. Discharged on 7/28/14.
Current case filed 3/25/15. Less than 4 years b/w filings. Not eligible for a
discharge.
5/4/15 Per DA at 341 mtg, ds don't want to continue w/ case, as they cannot afford
it.
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20551 Anthony Fitzgerald McLin
Hilliard L Moore
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20561 Nekeya Royshelle Owen
Hilliard L Moore
Chapter 13 Plan
waiting on pmts - EP
MTA filed - employer to send pmts beginning in May 2015.
5/4/15 Email from DA: We filed a motion to abate the first plan payment.
Continue?
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20562 Loren Glenn Dome and Debbie Elaine Dome
Chapter 13 Plan
LOF - estimated tax claims - 89 mos.
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20566 Penny Kay Key
Chapter 13 Plan
Need SOL for preference pmt. Waiver sent 4/27/15.
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20572 David Alan Gardner and Margie Lorraine Anderson
Jason C Amerine
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20573 Kristy Lynne Duncan
Nicholas A Steinwart
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20574 Melisa Sue Ladd
Keith A Wellman
Chapter 13 Plan
OTC filed by Consumer Portfolio: IN PREVIOUS CASE D WAS GRANTED PERMISSION TO
PURCHASE 2011 CHEVY IMPALA $13,665.25 + INTEREST AT 21.45% INT 60 MONTHS AT $360.37. D WAS
UNABLE TO MAINTAIN PAYMENTS RESULTING IN MTN RFS. MTN WAS GRANTED AND DS CASE
DISMISSED BY COUNSEL ON 5/2015. D FILED PRESENT CASE SHORTLY AFTER. PLAN PROPOSES TO TREAT
CR CLAIM AS 910 BUT ALSO SEEKS TO CRAM DOWN TEH INTEREST RATE TO BE PAID FROM THE K RATE
OF 21.45% TO 4.75% EFFECTIVELY CAUSING A LOSS OF SEVERAL THOUSANDS OF $ IN INTEREST. WANTS
PLAN TO PAY AT K RATE OF INTEREST.
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20576 George Edward Fairhurst
Sarah A. Sypher
Chapter 13 Plan
CONFIRM w/ NEE of $3500
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20579 Donald Eugene Blake, Jr. and Deena Ann Blake
David L. Dean
Chapter 13 Plan
DQ = $550 @ $550/mo DP
waiting on pmt - DP
mtd-ftc to be filed
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20584 Douglas Quinton McClain, Jr.
Douglas B. Breyfogle
Chapter 13 Plan
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20587 Jerry Lee Goosen
Sarah A. Sypher
Chapter 13 Plan
CONFIRM @ 100%
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20591 Scott Aaron Keach and Cheryl Lynn Keach
James W. Lusk
Need pmt - EP
mtd-ftc to be filed
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20594 Robert M. Walker, Sr
Cassie Pfannenstiel Rodriguez
Chapter 13 Plan
CONFIRM w/ NEE of $6634.30
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20598 Jessie James Baker, Sr.
Hilliard L Moore
Chapter 13 Plan
CONFIRM
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20600 Marsha Lynn Keylon
Hilliard L Moore
Chapter 13 Plan
**Cont to 6/23/15 for tracking**
341 cont to 5/20/15 for rtns to be filed.
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20601 Vernon Vaughn and Debra Lavern Vaughn
David A. Reed
Chapter 13 Plan
341 cont to 5/13/15 for rtns to be filed.
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20740 Dennis Joe Cotton
Judge: Dale L. Somers
Sarah A. Sypher
Motion to Extend Automatic Stay
Debtor's Chapter 13 case was filed on 04/15/2015, invoking jurisdiction of this
Court;
Within the last twelve (12) months, debtor was a party to a previous Chapter 13
proceeding, case number 12-20787, which the Court dismissed on or about
03/02/2015;
Debtors prior Chapter 13 case was dismissed due to significant medical and
tax debts incurred after filing.
Debtor does not anticipate further significant medical or tax debt
Sec 341 - May 13th / EP
No objection.
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20742 Anthony Maurice Hill
Jerome W Dubin
On April 15, 2015, the Debtor filed a petition for relief under Chapter 13 of the
Bankruptcy Code.
Prior to filing the instant case, the Debtor previously participated in one separate
bankruptcy within the prior one-year period. This is the Debtor’s second
bankruptcy pending within the last 12 months.
Debtor’s prior bankruptcy case, 12-23436-13 in the District of Kansas, was filed
on December 27, 2012, and the case was dismissed voluntarily by the Debtor on
January 29, 2015.
Debtor’s previous case was filed so that the Debtor could save his homestead from
foreclosure. However, over the course of the previous case the Debtor was not
permanently employed and suffered from frequent work interruptions due to not
having permanent employment thus causing his plan to fall behind to the point he
could not afford to catch up his plan payment.
This case has been filed in good faith as the Debtor has had a substantial change in
circumstances.
Debtor has obtained permanent employment that will stop the periods of
unemployment that caused the Debtor’s plan to fail.
No objection.
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20784 Jose Amado Lopez and Ana Maritza Espana
Sarah A. Sypher
Debtors' Chapter 13 case was filed on 4/20/2015, invoking jurisdiction of this
Court. Within the last twelve (12) months, debtors were a party to a previous
Chapter 13 proceeding, case no. 11-23565, which was dismissed on or about
02/24/2015.
Debtors' previous Chapter 13 case was dismissed due to a loss of income
and additional medical and tax debts. Debtors' income has now recovered, and
they do not anticipate significant medical or tax debts in the future.
Sec 341 - May 13th / DP
No objection.
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20794 Kristin Mae DeLong
Chris W Steffens
Debtor filed the instant case on 4/21/2015.
Debtor was in a pending Chapter 13, case number 14-41206-13-JMK, filed in
Topeka, Kansas within one year the instant case was filed. This earlier case was
dismissed on 4/6/15.
Debtor made their best efforts to complete the previous Plan but was unable to
maintain payments due to financial difficulties. Debtor otherwise substantially
complied with the requirements of the Plan and the Trustee.
No objection.
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20813 Carmen LeighAnne Mestagh
Debtor filed the instant case on April 22, 2015.
Debtor was in a pending Chapter 13, case number 13-20039-13-RDB, filed in
Kansas City, Kansas within one year the instant case was filed. This earlier case
was dismissed on April 6, 2015.
No objection.
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20857 Kalila Marie Thomas
Debtor filed the instant case on 4/27/2015.
Debtor was in a pending Chapter 13, case number 13-22910-13-RDB, filed in
Kansas City, Kansas within one year the instant case was filed. This earlier case
was dismissed on 4/20/15.
No objection.
Berger AM docket
May 12, 2015, 9:30 a.m.
15-20894 Travis L Barger and Jolene L Barger
David A. Reed
Motion to Extend Automatic Stay pursuant to Sec. 362(c)(3)
Debtors filed the instant petition on April 29, 2015.
Within the preceding twelve (12) months, Debtor was a party to a previous Chapter
13 proceeding, 11-23767-rdb-13, which had been dismissed without prejudice on
January 27, 2015 for a default in plan payments.
The present case gives Debtors an additional 36 months to pay their priority tax
debt, and no new consumer loans have been incurred during the meantime.
Any presumption against good faith can be rebutted by clear and convincing
evidence, due to the fact that Debtors have either surrendered (or are trying to
surrender) all collateral subject to pre-existing liens, including the former
homestead and the remaining Ford Econoline van. Neither lien-holder has stepped
forward.
Sec 341 - May 27th / DP
No objection.

Berger AM Docket - Chapter 13 Trustee

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