Case # Arrears Notes Recommendation Attorney # of R/S Plan ... … · JOEL RANDALL GARRETT...

Pre and Post Conf HearingJudge EDUARDO V. RODRIGUEZ, Houston

William E. Heitkamp, TrusteeAugust 13, 2019 9:00 am Highlighted = H Claims

Reset Dates:09/10/201910/08/201911/19/2019

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

9:00 am

ALLEN JOSEPH and NATALIE ERIN KUE

$875.00 WO

($225.76)19-31313

2 Resets -0.26 Mos 7/30/19$366.92

3/6/19

ACOSTA, ALEX OCONFIRMATION HEARINGPlan #39 filed on 7/8/2019 works, paying 64.63% to the general unsecured

creditors.

Recommend confirmation of the plan filed 07/08/2019, doc. #39.

SHAQUARIA RELFORD

$200.00EFT

$400.00 19-32781

0 Resets 2.00 Mos 1/1/00$0.00

5/16/19

ACOSTA, ALEX OCONFIRMATION HEARINGMOTION TO DISMISS

FILED 7/10/2019, DOC. #29Payment has not been received in this case.

Plan #31 filed on 7/30/2019 lowers plan payments from $575 to $200 for June - September, 2019; however, Schedule J #32 shows the Debtor can make a higher

plan payment of $615 for months August and September, 2019.

Recommend Dismissal.

NICHOLAS GIKONYO$4,636.22

WO

$0.00 19-31709

0 Resets 0.00 Mos 7/31/19

$4,636.223/29/19

ADAMS, JIM ALANCONFIRMATION HEARINGMOTION TO DISMISS

FILED 5/14/2019, DOC. #13Trustee has not received proof of income for wife for the period of September - December 2018 and for husband for the period of September - November 2018.

Debtor has a Wage Order; however, the Trustee has yet to receive a payment from the employer. The Debtor has been making payments via ePay.

Debtor's proposed Wage Order #58 has not been approved by the Court.

Schedule J is inaccurate as it does not match the income and expenses listed on the plan summary.

Plan #41 filed on 7/22/2019 fails to attach the Plan Summary as Exhibit "A".

Plan #41 fails to show the correct ACP, which is 36, not 60.

Trustee Does Not Recommend.

Printed Tuesday, August 6, 2019 @ 1:18 pmHrg_List_Matter_Judge_EDUARDO V. RODRIGUEZ_all_5-2018 of 25



Reset Dates:09/10/201910/08/201911/19/2019


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

MARILYN SCOTT$1,700.00

No Pmt info

$1,650.00 19-32261

1 Reset 0.97 Mos 7/12/19

$1,650.004/23/19

BAIR, THOMAS ECONFIRMATION HEARINGMOTION TO DISMISS

FILED 5/30/2019, DOC. #23The Debtor is delinquent one (1) payment through July, 2019 totaling $1650.

Debtor has failed to submit an EFT order.

Debtor has failed to provide an Affidavit of No Tax Returns for in lieu of 2017-2018 Tax Returns.

Debtor has failed to provide proof of income received six (6) months prior to filing for the Trustee's review.

Plan #26 filed on 7/15/2019 fails to list the complete principal residence address (city and state) in Paragraph #8.


DOUGLAS and DIANE SCOTT

$380.00 WO

$0.00 18-36931

3 Resets 0.00 Mos 7/24/19$375.00

12/10/18

BAKER, REESE WCONFIRMATION HEARINGMOTION TO DISMISS

FILED 3/12/2019, DOC. #26Disposable Income per the amended Schedule J and Plan Summary do not

match.

Plan #48 filed on 7/15/2019 works, paying 100% to the general unsecured creditors; however, the Plan Summary shows the Debtors can make a higher plan

payment of $1009.48 and pay off their case in less than 60 months. The Plan payment is only $380, which is $629.48 disposable income.

Schedule J #53 filed on 8/1/2019 now shows a $500 "anticipated car payment" expense totaling $500/mo. The Debtors explain the 2006 Honda (Odyssey?) is

starting to have extensive mechanical issues and will need to be replaced ASAP. The Debtors have two (2) other vehicles: 2014 and 2006 Honda CRV(s).





Reset Dates:09/10/201910/08/201911/19/2019


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

KERMIS and TINA HAYES

$2,460.00EFT WO

$5,903.06 19-32631

0 Resets 2.40 Mos 8/6/19

$1,000.005/6/19


FILED 6/26/2019, DOC. #34Debtor is delinquent over 1 1/2 payments through July, totaling $3443.06. Debtor

will be delinquent $5903.06 through August, 2019.

Debtors failed to provide proof of the daughter's monthly contribution of $800/mo.

Schedule J is inaccurate and fails to list the HOA reserve.

The Statement of Financial Affairs #22 is inaccurate, which indicates the Debtors still have a storage unit with Lonestar Storage Center. Schedule J does not list a monthly storage expense. Pursuant to 341 testimony, the Debtors are getting rid

of the unit next month (July).

Plan #15 filed on 5/21/2019 fails to properly treat the principal residence claims. The principal residence address is not listed in Paragraph 8(c).

Plan Summary #15 is inaccurate.

The Debtors filed their Notice to Strip Lakecrest Forest & Village HOA's Lien, which was filed on 7/23/2019. 8/5/2019 will be 21 days notice.

Trustee requests the hearings be continued for noticing purposes pursuant to the Notice to Strip Lien filed on 7/23/2019 and to allow the Debtors to get current.

MANUEL HERNANDEZ

$565.00EFT

$0.00 19-32724

0 Resets 0.00 Mos 7/11/19$565.00

5/13/19


FILED 7/10/2019, DOC. #21Debtor failed to file his 2017-2018 Tax Returns pursuant to the IRS' priority claim

#17.

Debtor failed to provide an Affidavit of No Tax Returns or copies of his 2017-2018 Tax Returns to the Trustee.

Debtor failed to provide proof of income received six (6) months prior to filing for the Trustee's review.

Debtor failed to submit DSO information for Michelle Murillo pursuant to TXCSDU's





Reset Dates:09/10/201910/08/201911/19/2019


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

priority claim #1 and $200 listed on Schedule J.

Plan #2 filed on 5/8/2019 fails to provide for Regional Acceptance's 910-day auto claim (Claim $19,455.93; Plan $19,077).

LINDA MARIE HARDISON

$345.00 ACH

$345.00 19-31099

2 Resets 1.00 Mos 7/17/19$345.00

3/1/19

BLACK, J THOMASCONFIRMATION HEARINGPlan #36 filed on 7/30/2019 works, paying 20.9% to the general unsecured

creditors.


PAMELA WARE BRITTON$2,950.00

EFT

$5,700.00 19-32540

1 Reset 1.93 Mos 7/10/19

$2,750.005/6/19

BLACK, J THOMASCONFIRMATION HEARINGMOTION TO DISMISS

FILED 6/14/2019, DOC. #23AMENDED MOTION TO DISMISS

FILED 6/27/2019, DOC. #28The Debtor is delinquent two (2) payments through August, 2019, totaling $5700.

Schedule D is inaccurate as it lists Regent Care Center League City as a secured claim, notwithstanding the claim being filed as unsecured.

Schedule J #35 is inaccurate as it does not include the HOA Reserve as an expense.


JOEL RANDALL GARRETT$1,570.00

WO

$1,010.38 19-32605

0 Resets 0.64 Mos 8/6/19

$671.545/6/19

BLACK, J THOMASCONFIRMATION HEARINGMOTION TO DISMISS

FILED 6/262019, DOC. #25Schedule J is inaccurate as it fails to list the correct HOA reserve amount of

$8.34. Schedule J #35 lists $2.83.

Plan #26 filed on 7/11/2019 works, paying 100% to the general unsecured creditors. The Plan is not required to pay 100%.





Reset Dates:09/10/201910/08/201911/19/2019


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

WILLIAM JOHN and MELODY VALOREE

LALIME$3,445.00

No Pmt info

($100.00)19-31666

1 Reset -0.03 Mos 8/5/19

$3,445.003/28/19

BRYEANS, DONALDCONFIRMATION HEARINGMOTION TO DISMISS


FILED 5/28/2019, DOC. #29Debtors failed to file 2016-2018 Tax Returns pursuant to the IRS' priority claim #5.

Schedules I and J are inaccurate. Debtor became unemployed prior to the 6/11/2019 hearing and was actively searching for employment. The Budget has not

been amended to reflect unemployment compensation or new employment and income.

Plan #36 filed on 6/9/2019 fails to provide for Cenlar Federal Savings Bank's Fee Notice filed on 7/25/2019 - #43 (Claim $900; Plan $0).


MANUEL PATINO$345.00

EFT

$337.00 19-32365

1 Reset 0.98 Mos 8/1/19

$350.004/30/19

BRYEANS, DONALDCONFIRMATION HEARINGMOTION TO DISMISS



FILED 7/7/2019, DOC. #25Debtors are ~ one (1) payment delinquent through July, totaling $337.

Plan #27 filed on 7/16/2019 surrenders Wells Fargo's secured claim for a credit card. 8/6/2019 is 28 days notice of this treatment.


HENDRICK R. MUSHI

$1,750.00EFT WO

$0.00 19-30206

3 Resets 0.00 Mos 8/6/19

$1,750.001/16/19

BUSBY, MICHAEL GCONFIRMATION HEARINGPlan #45 filed on 6/19/2019 works, paying 28.81% to the general unsecured

creditors.





Reset Dates:09/10/201910/08/201911/19/2019


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

DAVID and LISA HUDZIETZ$250.00

WO

($125.00)19-30773

2 Resets -0.50 Mos 8/1/19

$125.002/8/19

Dove, Ryan JCONFIRMATION HEARINGMOTION TO DISMISS

FILED 4/3/2019, DOC. #26Plan #34 filed on 5/4/2019 works, paying 13% to the general unsecured creditors.

Debtor failed to provide proof to substantiate the $12,500 priority amount to be paid to the IRS through the Plan. The bar date passed on 4/19/2019 and the

government bar date is 8/7/2019.


LAWRENCE and WANDA HARVEY

$275.00EFT

$275.00 19-32684

0 Resets 1.00 Mos 7/3/19

$275.005/8/19

FERGUSON, JAMES T

CONFIRMATION HEARINGMOTION TO DISMISS

FILED 7/16/2019, DOC. #25Debtors are delinquent one (1) payment through July, totaling $275. Debtors will

be delinquent two (2) payments on 8/7/2019 totaling $550.

Debtors failed to file 2016 Tax Return pursuant to the IRS' priority claim #10.

Debtors failed to provide a copy of the 2018 Tax Return to the Trustee.

Debtors failed to provide proof of income received six (6) months prior to filing for the Trustee's review.

Schedule J is inaccurate.

Plan Summary #2 is inaccurate and fails to list the projected income, projected expenses and projected disposable income amounts, which are listed on

Schedule J.

Plan #2 fails to list the Debtors' residential lease in Paragraph #18.

Motion for Relief from Stay filed by Timothy Murphy and Mesut Culthaci on 7/15/2019 #23, Landlords. The Debtors are delinquent on their monthly rent pre

and post-petition April - June, 2019 rent for their residential lease. Hearing set for 8/12/2019 @ 1:30.





Reset Dates:09/10/201910/08/201911/19/2019


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

Objection to Confirmation filed by Toyota Motor Credit on 7/26/2019 #26 regarding 2012 Lexus ES350, arguing the value of the collateral.

RAYMOND THOMAS ROE

$1,500.00 WO

$1,307.69 19-32739

0 Resets 0.87 Mos 7/31/19$692.31

5/14/19

GALLEVO, MICHAELCONFIRMATION HEARINGMOTION TO DISMISS

FILED 7/10/2019, DOC. #28Debtor is delinquent less than one (1) payment through July, totaling $1307.69.

The Debtor will be delinquent $2807.69 on 8/13/2019.

Plan #2 filed on 5/14/2019 shows Paragraph #10 as incomplete. The contract rate of interest and date last payment is due are blank.

Plan #2 fails to provide for Wells Fargo's claim for Windows USA (Claim $5931.50; Plan $0).

Plan #2 fails to provide for U.S. Small Business Administration's claim. The Debtor is currently paying his mortgage direct; however, the creditor listed an arrearage claim amount totaling $1830 (principal and interest). Debtor has not provided the

Trustee proof he is current with his ongoing payments.

Plan #2 fails to provide for M&T Bank's claim. Debtor is currently paying his mortgage direct; however, the creditor listed an arrearage claim amount totaling $1201.44 (principal and interest and projected escrow shortage). Debtor has not

provided the Trustee proof he is current with his ongoing payments.

Plan #2 fails to provide for M&T Bank's Notice of Mortgage Fees (Claim $650; Plan $0).

Disposable Income: Both Schedule J and the Plan Summary show the Debtor can pay off his case is less than 59 months.

Objection to Confirmation filed by Lakeview Loan Servicing regarding 1914 Southwood Drive, New Caney, TX 77357, arguing the plan does not provide for its

claims.





Reset Dates:09/10/201910/08/201911/19/2019


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

JACQUELINE BUNPHENG

$215.00 WO

($66.15)19-32194

1 Reset -0.31 Mos 8/2/19$99.23

4/19/19

GILPIN, PATRICK JCONFIRMATION HEARINGPlan #30 filed on 7/15/2019 works, paying 6.86% to the general unsecured

creditors.


MICHELLE MARIE ANDERSSEN

$2,775.00EFT WO

$2,702.75 18-37347

5 Resets 0.97 Mos 7/29/19$477.69

12/31/18

GUZMAN, ELOISE ACONFIRMATION HEARINGMOTION TO DISMISS

FILED 2/20/2019, DOC. #33The Debtor is delinquent over one (1) payment through July, 2019 totaling

$2,702.75. The Debtor did not make her January payment and the July payment was short.

Order Granting Debtor's Motion to Avoid Shannon Lang's lien for an abstract judgment and attorney's fees was entered on 5/29/2019 #54.


KEVIN NGO$2,660.00

EFT

$0.00 19-32821

0 Resets 0.00 Mos 7/19/19

$2,700.005/20/19

GUZMAN, ELOISE ACONFIRMATION HEARINGMOTION TO DISMISS

FILED 7/17/2019, DOC. #31Plan #34 filed on 8/1/2019 shows Paragraph #10 as incomplete. Debtor's non-filing spouse's vehicle is not listed in Paragraph #10. The Debtor has listed the non-filing

spouse's auto payment on Schedule J ($565).

Plan #34 filed on 8/1/2019 works, paying 10.33% to the general unsecured creditors.





Reset Dates:09/10/201910/08/201911/19/2019


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

MARK CHRISTIAN EAGLESTON

$1,975.00EFT WO

$875.00 19-32404

1 Reset 0.44 Mos 7/31/19

$1,100.004/30/19

HARDWICK, MICHAEL L


FILED 6/13/2019, DOC. #24Debtor failed to file the Notice of Confirmation Hearing and Plan Summary.

Debtor's Official Form 122C shows a higher requirement than Trustee's calculation of $56,859.60.

Plan #28 filed on 7/10/2019 lists Toyota Motor Credit Corp. as a direct pay creditor in Paragraph #10; however, Toyota's claim lists an arrearage amount of $342.98. The Debtor must either provide the Trustee with proof he is current with his direct

payments to Toyota or amend the plan to pay same in Para. #11.

Plan #28 fails to provide for the Official Form 122C requirement pursuant to the Debtor's and Trustee's calculation.

Plan #28 fails to list the correct total GUC filed amount and percentage (Plan: $30,468.63 @ 10%). The total GUC filed is $76,095.94. The Debtor did not include

the student loan claim nor is it listed as deferred in Para. #16.


LORI WILLIAMS-MOORE

$1,600.00 ACH

$1,600.00 19-31819

1 Reset 1.00 Mos 7/8/19

$1,600.004/1/19

HIXON, ERIC CCONFIRMATION HEARINGMOTION TO DISMISS

FILED 5/14/2019, DOC. #20Debtor failed to provide a copy of her 2018 Tax Return to the Trustee.

Schedule H is inaccurate as it lists the US Dept of Treasury as a Co-Debtor.

Plan #23 filed on 6/10/2019 is not feasible. Plan payments for months 1-8 fail to cover the attorney's fees, ongoing mortgage payment, adequate protection and the

Trustee's percentage totaling $1743.75. The plan payment is only $1600.

Plan #23 fails to provide for adequate protection payments for months 1-9.

Plan #23 fails to provide for the correct adequate protection payment amount months 1-9 totaling $143.75 pursuant to the NADA website value of $11,500.





Reset Dates:09/10/201910/08/201911/19/2019


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

Plan #23 fails to provide for Village Capital Investment, LLC's Fee Notice (Claim $950; Plan $0).

BRIAN NORMAN GOLDSTEIN

$3,100.00 No Pmt info

$6,200.00 19-32644

0 Resets 2.00 Mos 1/1/00$0.00

5/7/19

HOFF, JESSICA LCONFIRMATION HEARINGMOTION TO DISMISS

FILED 6/26/2019, DOC. #36Payment has not been received in this case.

Debtor failed to file a Wage Order.

Debtor failed to provide the domestic support obligation information. The attorney provided the Trustee with just the Attorney General's address.

Debtor failed to provide proof of his and the non-filing spouse's income received six (6) months prior to filing for the Trustee's review.

Schedule B is inaccurate. The mileage is not listed for any vehicle nor did the Debtor list who drives what vehicle.

Schedule D is inaccurate. Crest Financial is listed in Paragraph #8 of the Plan, but is not a scheduled Creditor.

Schedule F is inaccurate. The Debtor is listing her HOA Reserve as an unsecured creditor, which is included in the total general unsecured amount. The HOA

reserve is not a creditor in this case and must be removed.

Schedule I is inaccurate. The Debtor and/or non-filing spouse's occupation, employer's name and address and tenure are not listed.

Schedule J is inaccurate. The Debtor failed to list his HOA reserve as an expense in Line #21.

Plan #28 filed on 6/12/2019 fails to begin auto payments in month one (1). The Trustee is required to pay adequate protection.

Plan #28 fails to provide for the Attorney General's claim (Claim $1587.14; Plan





Reset Dates:09/10/201910/08/201911/19/2019


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

$1504).

Plan #28 fails to provide for Nationstar Mortgage's correct ongoing mortgage claim (Claim $1843025; Plan $1957.17) and mortgage arrearage claim (Claim

$24,038.23; Plan $15,695.92).

Plan #28 fails to provide for Bay Colony West's HOA claim (Claim $3873.53; Plan $2400).

Plan #28 fails to provide for Conn's secured claim #6 (Claim $5264.84; Plan $0). Conn's filed two (2) claims. The plan provides for only one (1) claim.

Plan and Plan Summary #28 do not match. The Plan Summary lists variable payments for the ongoing mortgage creditor, which are not listed in the plan. Crest Management shows payments months 1-58 on the plan summary and 4-58 in the

Plan.

Objection to Confirmation filed by Bay Colony West HOA, arguing its claim is not provided for in the plan.

Objection to Confirmation filed by Harris County FCU re: 2013 Chevy Tahoe, arguing the plan does not recognize the equity in the vehicle and the

cross-collateralization sufficient to secure the amount owed to the credit union on the credit card which is $5186.83.

Objection to Confirmation filed by Conn's on 8/1/2019 #39, arguing the Debtor's plan only provides for one of its two claims filed in this case.




Reset Dates:09/10/201910/08/201911/19/2019


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

RICHARD CARL HAWKINS$1,650.00

WO

$2.28 19-31131

3 Resets 0.00 Mos 8/2/19

$761.543/2/19

KEELING, KENNETH A


FILED 4/15/2019, DOC. #26Plan #36 filed on 5/29/2019 shows Paragraph #10 as incomplete. The Debtor's

non-filing spouse's 2014 Chevy Equinox is not listed.

Plan #36 fails to list Aaron's and Steven's Furniture Rental in Paragraph #18.

Plan #36 fails to meet the requirements of 11 U.S.C. 1322(a)(2) inasmuch as it does not provide for all known future fixed fees that will come due during the life of

the plan. Plan must pay 100% per the OF122C requirement.


JOYCELYN RENEE DAVIS

$1,750.00 WO

$1,055.69 19-31857

1 Reset 0.60 Mos 7/31/19$750.00

4/1/19

KEELING, KENNETH A



FILED 7/2/2019, DOC. #38The Debtor failed to provide proof to substantiate the amount paid to Progressive Leasing through the Plan. The bar date passed on 6/10/2019 and the creditor did

not file a claim.

Objection to Confirmation filed by Americredit on 7/5/2019 #41 regarding 2015 Toyota Tacoma, arguing value, interest rate and the plan does not protect the

non-filing co-debtor and should be listed in the plan for full payoff. The collateral was not purchased within 910-days.


CALEB JOHN and JACLYN CAROL

HALE$3,020.00

WO

$4,803.44 19-32556

1 Reset 1.59 Mos 7/29/19$718.85

5/6/19

KEELING, KENNETH A





FILED 8/5/2019, DOC. #The Debtor is delinquent over 1 1/2 payments through August, totaling $4803.44.





Reset Dates:09/10/201910/08/201911/19/2019


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

KEVIN JAMES KING$3,990.00

WO

($1,227.70)19-32614

0 Resets -0.31 Mos 7/29/19

$1,841.545/6/19

KEELING, KENNETH A


FILED 6/26/2019, DOC. #28Schedule J is inaccurate as it fails to calculate the ESF as an expense.

Plan #30 filed on 8/2/2019 works, paying 100% to the general unsecured creditors. C4 Order.


ANTIONETTE DENISE PRASIT

$2,670.00 WO

$1,140.00 19-32620

0 Resets 0.43 Mos 7/26/19

$1,510.005/6/19

KEELING, KENNETH A


FILED 6/26/2019, DOC. #33Plan #35 filed on 7/23/2019 shows Paragraph #10 as incomplete. The Debtor drives and pays for the 2008 Jeep Liberty financed by her ex-boyfriend through

Capital One Auto. The creditor is listed on Schedule D and Schedule J as a direct payment, but not listed in the plan.


REBECCA LANETTE

MORRISON$3,100.00

WO

($518.93)19-32660

0 Resets -0.17 Mos 7/22/19$757.39

5/7/19

KEELING, KENNETH A


FILED 6/25/2019, DOC. #28Debtor failed to provide a copy of the 2018 Tax Return to the Trustee.

Debtor failed to provide proof of all income received six (6) months prior to filing for the Trustee's review.

Schedule I is inaccurate. Pursuant to 341 testimony, the Debtor is not receiving $484 child support income, as her oldest has aged out. The $1000/mo. child

support is not reliable.

Schedule J is inaccurate. Debtor failed to calculate the ESF and HOA reserve as expenses.

Plan #19 filed on 5/22/2019 fails to provide for Wells Fargo's correct ongoing mortgage claim (Claim $1737.70; Plan $1738.37) and mortgage arrearage claim





Reset Dates:09/10/201910/08/201911/19/2019


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

($52,600.09; Plan $49,000).

Plan #19 fails to provide for Harley Davidson's secured claim (Claim $10,848.93; Plan $0).

Plan #19 fails to show the amount to cure the default in Paragraph #18 regarding lease with People's Trust FCU regarding a 2012 GMC Acadia (Default: $962; Plan $0). The creditor filed a secured claim with arrears; therefore, the claim cannot be

listed in Paragraph #10.

Objection to Confirmation filed by Harley-Davidson re: 2014 HD Heritage Softail Classic motorcycle, arguing the plan does not provide for their claim.

MAEGAN ZEIGLER$1,385.00

ACH

$0.00 19-32911

0 Resets 0.00 Mos 7/23/19

$1,385.005/28/19

KEELING, KENNETH A


FILED 7/16/2019, DOC. #31Plan #23 filed on 6/11/2019 fails to provide for the IRS' priority claim (Claim

$654.37; Plan $0).

Plan #23 fails to provide Chase Bank's ongoing mortgage claim (Claim $925.69; Plan $706.11).


TRIXTON PERNELL and MARTHA

VANESSA MOREHEAD

$2,960.00 WO

$455.36 19-32983

0 Resets 0.15 Mos 7/31/19

$1,366.165/31/19

KEELING, KENNETH A


FILED 7/16/2019, DOC. #32Schedule J is inaccurate and fails to calculate the ESF and HOA reserve. Further,

the net income matches the plan payment, which is double dipping on the ESF/Res.

Plan #34 filed on 7/23/2019 surrenders Foundation Finance's secured collateral. 21 days notice on 8/13/2019.

Trustee requests the hearings be continued due to noticing purposes.




Reset Dates:09/10/201910/08/201911/19/2019


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

CHRISTOPHER C and CORTINA T

BONNER$3,050.00

EFT

$5,990.00 19-30179

2 Resets 1.96 Mos 6/12/19$220.00

1/14/19

KIM, MIN GYUCONFIRMATION HEARINGMOTION TO DISMISS


FILED 8/5/2019, DOC. #Debtor is ~ two (2) payments delinquent through July, 2019, totaling $5990. The

Debtor will be $9040 delinquent on 8/13/2019.

Plan #55 filed on 5/28/2019 is proposing to pay NPRTO's lease in Paragraph #9; however, the creditor classified its claim as unsecured and should therefore be

listed in Paragraph #18.

Plan #55 fails to pay 100%, as proposed.

Plan #55 fails to show the correct total general unsecured total of $47,794.40.

Motion to Relief From Stay filed by PTS Finance on 7/26/2019 #64 regarding 2012 Int'l Prostar Tractor, arguing the Debtors failed to make payment.


JEFF V FIORE$1,500.00

EFT

$0.00 19-32060

1 Reset 0.00 Mos 8/5/19

$1,500.004/10/19

KIM, MIN GYUCONFIRMATION HEARINGPlan #26 filed on 7/8/2019 works paying 11.46% to the general unsecured

creditors.





Reset Dates:09/10/201910/08/201911/19/2019


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

HEIDII MARIE GROH

$200.00 WO

$15.38 19-32774

0 Resets 0.08 Mos 7/26/19$92.31

5/15/19

KIM, MIN GYUCONFIRMATION HEARINGMOTION TO DISMISS

FILED 7/10/2019, DOC. #20Debtor failed to provide a copy of the 2018 Tax Return to the Trustee.


Debtor failed to provide DSO information to the Trustee.

Schedule G is inaccurate and fails to list the residential lease.

Plan #2 filed on 5/15/2019 is not feasible. Plan payments months 1-32 fail to provide for attorney's fees ($140.63) adequate protection ($65.63) and the Trustee's

Percentage ($11.90) totaling $218.16. The plan payment is only $200.

Plan #2 fails to pay the correct adequate protection amount ($65.63) pursuant to NADA website value of $5250.

Plan #2 fails to list the residential lease in Paragraph #18.


NICHOLAS N. SILVESTRE and

CATALINA LICONA$1,300.00

WO

($200.00)19-31406

2 Resets -0.15 Mos 8/5/19

$300.003/13/19

MILLS, COREY LCONFIRMATION HEARINGMOTION TO DISMISS

FILED 4/26/2019, DOC. #22Schedules I and J show the Debtors can make a higher plan payment and pay off

their case in less than sixty (60) months.

Debtors are not committing their disposable income to the plan once their direct pay vehicles are paid.

Plan must be 100% due to Official Form 122C requirement.





Reset Dates:09/10/201910/08/201911/19/2019


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

SEAN M. STRONG and RA'SHELL

SMITH-STRONG$240.00

WO

$480.00 18-35607

0 Resets 2.00 Mos 5/13/19$231.20

10/2/18

MORRISON, CHRISTOPHER

UNIFORM MODIFICATION #42 FILED 6/26/2019Modification was filed to provide for filed claims and surrender the 2016 Toyota

Camry to Santander Consumer. Mod works @ 1% to general unsecured creditors but cannot be recommended until debtors make their 1st payment due under the

mod.

Trustee Recommends Mod #42 be Denied

LORETTA ANN JONES

$1,815.00 WO

$1,351.52 19-31848

0 Resets 0.74 Mos 8/2/19

$803.084/1/19


CONFIRMATION HEARINGPlan #44 filed on 7/31/2019 works, paying 5.11% to the general unsecured

creditors.


BRANDON LEE JAMES and

LAUREN ALISA ROMERO$545.00

WO

$125.76 19-32237

1 Reset 0.23 Mos 7/26/19$251.54

4/22/19



FILED 6/7/2019, DOC. #24Plan #26 filed on 6/11/2019 works, paying 1.01% to the general unsecured

creditors.

Recommend Confirmation of the Plan filed 6/11/2019, doc. #27. C3 Confirmation Order.




Reset Dates:09/10/201910/08/201911/19/2019


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

PATRICK DESHAWN JONES

$1,930.00EFT

$3,650.00 19-32448

1 Reset 1.89 Mos 7/19/19$500.00

5/2/19



FILED 6/14/2019, DOC. #23Debtor is delinquent 1.75 payments delinquent through August, totaling $3650.

Debtor failed to provide proof of income received six (6) months prior to filing for the Trustee's review (November 2018 - April 2019).

Schedule J #33 is inaccurate. Schedule J fails to list the HOA reserve and calculate same as an expense.


JEFF MICHAEL ALBO and SHERRI ELIZABETH FURCH

$4,350.00 WO

$4,555.39 19-33078

0 Resets 1.05 Mos 8/6/19

$2,007.696/3/19

MOUGHON, REBECCA M.


FILED 7/17/2019, DOC. #53Debtors are delinquent over one (1) payment through August 2019, totaling

$4555.39.

Debtors filed a Notice of Compliance with Court Order #44 on 7/16/2019 #51.

Schedule J is inaccurate and fails to list the payments for Debtors' leases for rims and tires, which are listed on amended Schedule G #50.

Schedule J fails to calculate the HOA reserve as an expense.

Plan #54 filed on 7/22/2019 fails to provide for Flagship Credit's 910-claim (Claim $31,164.37; Plan $30,624).

Plan #54 fails to provide for Alaska US FCU's secured claim (Claim $41,032.31; Plan $0).

Plan #54 fails to list the leases for tires and rims in Paragraph #18. The Debtors are proposing to pay the lease in paragraph #11 as a secured claim. Westcreek's

claim was filed as unsecured.

Plan #54 proposes to pay IRS a priority claim amount of $30,000; however, the 2018 Tax Returns show a total owed of $761.





Reset Dates:09/10/201910/08/201911/19/2019


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

LUCY CHINEYE UBOH

$2,250.00 WO

$0.00 18-37307

3 Resets 0.00 Mos 8/5/19

$1,125.0012/29/18

PARKER, H BRADCONFIRMATION HEARINGMOTION TO DISMISS

FILED 2/20/2019, DOC. #25Schedule D fails to list a value for the 2013 Nissan Rogue.

Schedule F is inaccurate. The Debtor is listing her HOA Reserve as an unsecured creditor, which is included in the total GUC amount. The HOA reserve is not a

creditor in this case and must be removed.

Schedule J is inaccurate and J fails to list the HOA reserve.

Plan #13 filed on 1/11/2019 fails to correctly provide for Cenlar FSB's ongoing mortgage claim (Claim $1,403.40; Plan $1,452.92).

Plan #13 fails to provide for Preferred Credit's secured claim for a Rainsoft Water System (Claim $8,865.18; Plan $0).

Plan #13 fails to properly treat Investex CU's title loan claim in Paragraph #11.

Debtor's Objection to Union Home Mortgage's claim #9 filed on 5/13/2019 #40 was denied.


KYLE KINCAID and RENEE ARCEMONT

WILLIAMS$3,600.00

WO

$545.92 19-32784

0 Resets 0.15 Mos 8/5/19

$1,661.005/16/19

PARKER, H BRADCONFIRMATION HEARINGMOTION TO DISMISS

FILED 7/16/2019, DOC. #31Renee Arcemont Williams failed to appear for her 341 Meeting held on 6/26/2019. Pursuant to 341 testimony, she will be dismissed from the case. A Motion has not

been filed as of 8/1/2019.

The Debtors are delinquent less than one (1) payment through July, totaling $545.92. The Debtors did not make their June payment.

The Debtors failed to file their 2016-2018 Tax Returns pursuant to the IRS' priority claim #1.

Schedule C is inaccurate. The Debtors are exempting three (3) firearms; however,





Reset Dates:09/10/201910/08/201911/19/2019


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

the Debtors elected to use State Exemptions, which allow only 2 firearms to be exempted.

Schedule F is inaccurate. The Debtors are listing their HOA reserve as an unsecured creditor, which is included in the total GUC amount. The HOA reserve

is not a creditor in this case.

Plan #11 filed on 5/29/2019 fails to list the complete principal residence address in Paragraph #8.

Plan #11 fails to provide for Nationstar Mortgage's correct ongoing mortgage claim (Claim $1172.96; Plan $1773.21).

Plan #11 fails to provide for Harris County's claim (Claim $814.94; Plan $591.31).

Plan Summary #11 is inaccurate as it lists the creditor's name as the reserve type.

GLENN MARK JOLIVETTE$1,200.00

EFT

$0.00 18-37319

2 Resets 0.00 Mos 8/2/19

$1,200.0012/31/18

PAYNE, KYLE KENNETH



FILED 3/14/2019, DOC. #22Schedule I is inaccurate as it does not include all of the household income.

Schedule J is inaccurate. The net income matches the plan payment, which is double dipping on the ESF/Res.





Reset Dates:09/10/201910/08/201911/19/2019


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

THOMAS WAYNE and KATHERINE MARIE ZEAGLER

$1,950.00 WO

$0.00 19-31439

2 Resets 0.00 Mos 8/6/19

$1,115.003/14/19

ROOT, THOMAS MCONFIRMATION HEARINGMOTION TO DISMISS

FILED 4/26/2019, DOC. #24Plan #46 filed on 8/5/2019 fails to pay the Official Form 122C requirement

($1541.87 x 60 = $92,512.20).

Debtor lost his position with his employer. They have offered him a new position at another location and he starts training on 08/12/2019. Debtor will be training for the remainder of August 2019. Debtor estimates to receive $11.34 an hour at 36 hours a week. His pay-stubs in September should reflect the 36 hours a week, once he

has completed the training.

Trustee requests the hearings be continued to September 10, 2019 in order to verify Debtor's new income and wage deductions listed on Schedule I.

ARLITHIA R WADE$730.00

WO

$2,571.86 18-36201

5 Resets 3.52 Mos 8/6/19

$215.1911/5/18

TOROK, WILLIAM DAVID

DISMISSAL HEARINGThe Debtor is delinquent over 3 1/2 payments delinquent through July, 2019

totaling $2571.86.

The Debtor failed to provide proof of her income received six (6) months prior to filing for the Trustee's review.

Schedule J is inaccurate.

Plan #76 filed on 6/25/2019 fails to show the correct applicable commitment period of 36 months pursuant to Debtor's Official Form 122C result of below the median

income. The current plan lists 33 months.

Plan #76 is not feasible. Plan payments for months 1-2 do not cover the Trustee's percentage and monthly payment amounts listed in the plan totaling $396.78. The

plan payment is only $358.

Plan #76 lists the wrong monthly available for creditors and reserve funds, which should be the plan payment amount of $358, but is $716.

Plan #76 fails to check Paragraph #8A, list the principal residence address and list the principal residence in Paragraph #8. The residence is currently listed in

Paragraph #11.





Reset Dates:09/10/201910/08/201911/19/2019


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

Plan #76 treats the Martins' mortgage claim as a total debt claim; however, the Debtor has not provided an interest rate and does not have an ad valorem reserve.

The maturity date was July 30, 2015.

Plan #76 does not meet the requirements of 1322(a)(2), as it does not provide for all known future fixed fees that will come due during the life of the plan. The Debtor

is listing future fixed fees as a reserve, but should be listed in Paragraph #6 or added to the general unsecured creditor amount.

The Trustee has not received proof to substantiate the amount paid to the IRS through the Plan. The Debtor received refunds in 2016-2017. The Bar Date passed on 1/14/2019, the Government Bar Date passed on 5/6/2019 and the IRS has not

filed a claim.

EMRAN HOSSAIN GAZI

$5,650.00 ACH

$2,662.50 19-32423

1 Reset 0.47 Mos 7/23/19

$2,662.505/1/19

CORRAL TRAN SINGH LLP


FILED 6/7/2019, DOC. #20Debtor filed a proposed ACH Order #4, which has been stricken via Court Order

#17. Debtor has not filed another proposed ACH Order.

Debtor failed to provide proof of his and the non-filing spouse's income received six (6) months prior to filing for the Trustee's review. The Trustee needs the first

paychecks received in November, 2018.

Schedule A indicates the Debtor has 7 properties, 2 of which have lessees. The Trustee will need proof of all rental income and expenses.

The Trustee will require the Debtor to set an appointment with the Trustee's accountant in order to obtain a better breakdown of all income, expenses received

within a 6 month to current period.

Schedule J is inaccurate as it fails to itemize the expenses.

Plan #28 filed on 7/11/2019 fails to provide for the Salisbury Liquidation Group's secured claims 1, 2 and 3:(Claim $280,094; Plan $0)





Reset Dates:09/10/201910/08/201911/19/2019


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

(Claim $49,457; Plan $0)(Claim $814.75; Plan $0)

Objection to Confirmation filed by Salisbury Liquidation Group on 7/9/2019 #26 regarding liens against property of the estate, arguing Debtor's plan fails to provide

for its secured claims.

GLENDA JEANETTE CARR

$3,465.00EFT

$0.00 19-32419

1 Reset 0.00 Mos 8/2/19

$3,465.005/1/19

TRUEBA, PHILLIP HENRY

CONFIRMATION HEARINGPlan #43 filed on 7/29/2019 works, paying 4.61% to the general unsecured

creditors.


RAFAEL ANTONIO FLORES$2,630.00EFT WO

$4,630.00 19-32486

1 Reset 1.76 Mos 7/12/19

$2,200.005/3/19

VASQUEZ, REGINACONFIRMATION HEARINGMOTION TO DISMISS

FILED 6/14/2019, DOC. #30Debtor is two (2) payments delinquent through August, totaling $4630.00.

Debtor filed a Wage Order; however, the Trustee has not received an employer payment. The Wage Order and letter were mailed to the employer on 6/20/2019.

The Trustee has received one (1) payment via ePay.


Debtor failed to provide proof to substantiate the amounts paid to Conn's and the Attorney General through the Plan.

Plan #48 filed 7/31/2019 works paying 22.5% to general unsecured creditors.





Reset Dates:09/10/201910/08/201911/19/2019


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

PAUL RICHARD and MELISSA LYNN

SIDENBLAD$3,380.00

WO

$1,793.83 19-32861

0 Resets 0.53 Mos 7/26/19$636.93

5/23/19

VASQUEZ, REGINACONFIRMATION HEARINGMOTION TO DISMISS

FILED 7/16/2019, DOC. #35Debtors failed to provide proof of income received six (6) months prior to filing for

the Trustee's review.

Schedule J is inaccurate. Debtors failed to calculate the HOA reserve as an expense.

Plan #13 filed on 5/29/2019 failed to provide for Castle Credit Co. Holdings' secured claim for a water treatment system (Claim $6342.21; Plan $0).

Plan #13 fails to provide for Nationstar Mortgage's ongoing mortgage claim (Claim $1910.67; Plan $1905.52).

Plan #13 fails to pay 100% as proposed and required by the Official Form 122C result, due to higher claim(s) filed by creditors.

The Debtors failed to provide proof to substantiate the amounts paid to Ally Financial and Bridges of Lake Houston CAI through the Plan. The Bar Date

passed on 8/1/2019 and the creditors did not file claims.

Motion for Relief from Automatic Stay filed by 7/8/2019 #32 by Credit Acceptance Corp. regarding 2009 Dodge Avenger. The Debtor is surrendering the vehicle.

Debtor filed Non-Opposition Response #33.


FORREST REEVES$2,500.00EFT WO

($414.75)19-32355

1 Reset -0.17 Mos 8/6/19

$462.754/30/19

WESLEY-THOMAS, ALVA


FILED 6/13/2019, DOC. #24Schedule D is inaccurate. Debtor failed to list the non-filing spouse's 2016 Kia

Sorento. Schedule B lists a community property interest in the vehicle.

Plan #35 filed on 7/17/2019 shows Paragraph #10 as incomplete. Debtor failed to list the non-filing spouse's 2016 Kia Sorento. Spouse is paying $658/mo. pursuant to Schedule J #36. Schedule B lists a community property interest in the vehicle.





Reset Dates:09/10/201910/08/201911/19/2019


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

Plan #35 works paying 100% to general unsecured creditors. The Plan is not required to pay 100%, but total general unsecured claims filed totals $1,044.61

and bar date passed on 7/9/2019.

DENISE A. WALKER$2,700.00

WO

$424.56 19-30642

3 Resets 0.16 Mos 8/5/19

$1,176.932/4/19

WILLIAMS, PATRICK T




FILED 7/8/2019, DOC. #60Debtor is delinquent over one and 1/2 payments through August, 2019 totaling

$4301.49.

Plan #57 filed on 7/5/2019 fails to provide for Nationstar Mortgage's Fee Notice (Claim $250; Plan $0) filed on 7/31/2019 at #71.


DAVID L. and LIESL E. CASHMORE

$2,000.00 WO

$2,700.00 19-32850

0 Resets 1.35 Mos 6/12/19

$1,000.005/22/19

WILLIAMS, PATRICK T


FILED 7/10/2019, DOC. #29Debtors are delinquent ~ 1 and a 1/2 payments delinquent through July, totaling

$2700.

Schedules I and J are inaccurate and the income doesn't match the plan summary amounts.

Objection to Confirmation filed by Idaho Housing & Finance regarding 32576 Decker Creek Drive, Pinehurst, TX 77362, arguing the current plan does not

provide for the pre-petition arrearage portion of the creditor's claim. Claim #3 filed 6/24/2019 includes pre-petition arrears of $13,975.64. Plan #23 filed 7/5/2019 lists

a cure claim of $13,975.64.



Case # Arrears Notes Recommendation Attorney # of R/S Plan ... … · JOEL RANDALL GARRETT...

Documents

Transcript of Case # Arrears Notes Recommendation Attorney # of R/S Plan ... … · JOEL RANDALL GARRETT...