pre and post conf hearing judge eduardo v. rodriguez ... 12t… · plan pmt petition dt pmt method...

28
Pre and Post Conf Hearing Judge EDUARDO V. RODRIGUEZ, Houston William E. Heitkamp, Trustee May 12, 2020 9:00 am Highlighted = H Claims Reset Dates: 06/09/2020 07/14/2020 08/11/2020 Arrears Notes Recommendation No of Mos Debtor(s) # of R/S Case # Last Rcpt Plan Pmt Pmt Method Petition Dt Case Disposition Attorney 9:00 am ALESIA RACHELLE DORSEY $0.01 No Pmt info $0.04 20-30021 1 Reset 4.00 Mos 1/1/00 $0.00 1/3/20 .PRO SE CONFIRMATION HEARING MOTION TO DISMISS FILED 2/7/2020, DOC. #22 Payment has not been received in this case. Debtor has failed to implement a wage deduction order or EFT/ACH authorization as required by Local Bankruptcy Rule 1007-1(c). Debtor appeared for her rescheduled 341 Meeting held on 3/4/2020; however, it was not concluded and adjourned pending her hiring counsel. Debtor failed to appear for her rescheduled 341 Meeting held on 4/22/2020. Debtor has failed to file or provide all of the information required under 11 U.S.C. 521(a),(b),(e),(f) and (h), and BLR 1017(a)(4). Specifically, Debtor has failed to file or provide the following: A) A completed Schedule of Assets and Liabilities on the official form. Schedules B, C, D, E and F are incomplete. B) A schedule of current income and current expenditures. Schedules I and J are incomplete and show Debtor does not have current income and cannot afford her plan payments, which is a feasibility issue. C) Copies of payment advices or other evidence of payment required by 11 U.S.C. 521(a)(1)(iv). D) Copies of tax returns required by 11 U.S.C. 521(e)(2), or (f). E) Proof of identity required by 11 U.S.C. 521(h). Debtor has failed to file a plan or plan summary pursuant to 11 U.S.C. 1321 and Local Bankruptcy Rule 3015-1. Debtor has failed to give proper notice of the Plan and Plan Summary pursuant to Bankruptcy Local Rule 2002-1(c)(2). Recommend Dismissal. 4 of 60 Printed Tuesday, May 5, 2020 @ 3:31 pm Hrg_List_Matter_Judge_EDUARDO V. RODRIGUEZ_all_5-2018 Page 1 of 28

Upload: others

Post on 02-Jun-2020

2 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Pre and Post Conf Hearing Judge EDUARDO V. RODRIGUEZ ... 12T… · Plan Pmt Petition Dt Pmt Method Case Disposition Attorney 9:00 am ALESIA RACHELLE DORSEY $0.01 No Pmt info 20-30021

Pre and Post Conf HearingJudge EDUARDO V. RODRIGUEZ, Houston

William E. Heitkamp, TrusteeMay 12, 2020 9:00 am Highlighted = H Claims

Reset Dates:06/09/202007/14/202008/11/2020

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

ALESIA RACHELLE DORSEY

$0.01 No Pmt info

$0.04 20-30021

1 Reset 4.00 Mos 1/1/00$0.00

1/3/20

.PRO SECONFIRMATION HEARINGMOTION TO DISMISS

FILED 2/7/2020, DOC. #22Payment has not been received in this case.

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

Debtor appeared for her rescheduled 341 Meeting held on 3/4/2020; however, it was not concluded and adjourned pending her hiring counsel. Debtor failed to

appear for her rescheduled 341 Meeting held on 4/22/2020.

Debtor has failed to file or provide all of the information required under 11 U.S.C. 521(a),(b),(e),(f) and (h), and

BLR 1017(a)(4). Specifically, Debtor has failed to file or provide the following:

A) A completed Schedule of Assets and Liabilities on the official form. Schedules B, C, D, E and F are incomplete.

B) A schedule of current income and current expenditures. Schedules I and J are incomplete and show Debtor does not have current income and cannot afford her

plan payments, which is a feasibility issue.

C) Copies of payment advices or other evidence of payment required by 11 U.S.C. 521(a)(1)(iv).

D) Copies of tax returns required by 11 U.S.C. 521(e)(2), or (f).

E) Proof of identity required by 11 U.S.C. 521(h).

Debtor has failed to file a plan or plan summary pursuant to 11 U.S.C. 1321 and Local Bankruptcy Rule 3015-1.

Debtor has failed to give proper notice of the Plan and Plan Summary pursuant to Bankruptcy Local Rule 2002-1(c)(2).

Recommend Dismissal.

4 of 60

Printed Tuesday, May 5, 2020 @ 3:31 pmHrg_List_Matter_Judge_EDUARDO V. RODRIGUEZ_all_5-2018 Page 1 of 28

Page 2: Pre and Post Conf Hearing Judge EDUARDO V. RODRIGUEZ ... 12T… · Plan Pmt Petition Dt Pmt Method Case Disposition Attorney 9:00 am ALESIA RACHELLE DORSEY $0.01 No Pmt info 20-30021

Pre and Post Conf HearingJudge EDUARDO V. RODRIGUEZ, Houston

William E. Heitkamp, TrusteeMay 12, 2020 9:00 am Highlighted = H Claims

Reset Dates:06/09/202007/14/202008/11/2020

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

The filing fees for this case have not been paid in full. Debtor has paid $48. An Order granting Application to Pay Filing Fees in Installments was entered on

2/26/2020, the final installment payment is due by 4/3/2020.

PAUL MICHAEL WERNER JR

$2,000.00 WO

($2,984.88)19-35914

4 Resets -1.49 Mos 4/30/20

$1,483.8510/23/19

ACOSTA, ALEX OCONFIRMATION HEARINGPlan #55 filed 4/10/2020 works, paying 16.84% to the general unsecured creditors.

Recommend confirmation of the plan filed 04/10/2020, doc. #55.

7 of 60

JAMES ARTHUR ALEXANDER

$9,400.00 WO

($6,507.68)19-36872

0 Resets -0.69 Mos 5/1/20

$4,338.4612/12/19

ACOSTA, ALEX OCONFIRMATION HEARINGPlan 41 filed 05/04/20020 works, paying 100% to all creditors. Trustee requests a

C4 confirmation order for 100% Plans.

Recommend confirmation of Plan#41 filed 05/04/2020. C4 Confirmation Order

5 of 50

DIANNE and JAMES LATHAM$700.00

No Pmt info

$1,400.00 20-31281

0 Resets 2.00 Mos 1/1/00$0.00

2/26/20

BAIR, THOMAS EDEBTORS' MOTION TO IMPOSE AUTOMATIC STAY, DOC. #6CONFIRMATION HEARING

MOTION TO DISMISSFILED 4/3/2020, DOC. #21

Debtors seek imposition of the stay against Nationstar Mortgage d/b/a Champion Mortgage. Debtors state the case was filed in good faith and the plan/budget are

feasible.

Payment has not been received in this case.

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

Debtors failed to provide pay advices or Order of no Pay Advices for Mr. Latham.

IRS claim #5 filed 3/20/2020 reflects Debtors have not filed tax returns for the years 2016 and 2019. Trustee has not received signed/unsigned copies of the tax

returns for the respective years.

Recommend Dismissal.

3 of 60

Printed Tuesday, May 5, 2020 @ 3:31 pmHrg_List_Matter_Judge_EDUARDO V. RODRIGUEZ_all_5-2018 Page 2 of 28

Page 3: Pre and Post Conf Hearing Judge EDUARDO V. RODRIGUEZ ... 12T… · Plan Pmt Petition Dt Pmt Method Case Disposition Attorney 9:00 am ALESIA RACHELLE DORSEY $0.01 No Pmt info 20-30021

Pre and Post Conf HearingJudge EDUARDO V. RODRIGUEZ, Houston

William E. Heitkamp, TrusteeMay 12, 2020 9:00 am Highlighted = H Claims

Reset Dates:06/09/202007/14/202008/11/2020

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

Trustee alleges Schedule J fails to list and calculate the ad valorem and HOA reserves. Debtor is listing a property tax expense, but Trustee cannot determine if

this is for a different property or the actual reserve listed in the plan.

Debtors failed to comply with BLR 3015-1(b) requiring Debtors to timely provide information required by the Chapter 13 Trustee's Home Mortgage Payment

Procedures.

Plan #2 filed 2/26/2020 proposes to pay Nationstar Mortgage in Paragraph 11 despite being secured solely by the principal residence.

Plan proposes to strip the lien of Candlelight Forest West Maint. Fund in Paragraph 8C of the plan. Notice of Strip Lien has not been filed.

Plan fails to provide for Washington County's property tax claim (Claim $1,075.74; Plan $0).

Plan fails to provide for U.S. Small Business Administrations' arrearage claim (Claim $7981.28; Plan $5500).

Plan fails to provide a separate ad valorem reserve for each property subject to a reserve in Paragraph 23. Debtor fails to specify if the taxes are for the principal

residence address or the business property address.

EUSTRADA TAYLOR and

DEBBIE JOHNSON-TAYLOR

$2,060.00EFT WO

$4,850.00 19-33745

5 Resets 2.35 Mos 4/27/20

$2,200.007/2/19

BAKER, REESE WCONFIRMATION HEARINGMOTION TO DISMISS

FILED 9/11/2019, DOC. #31AMENDED MOTION TO DISMISS

FILED 11/14/2019, DOC. #40AMENDED MOTION TO DISMISS

FILED 2/27/2020, DOC. #51Debtor is delinquent 2.35 payments through May 2020 totaling $4850.

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

accountant, but left the building, so the meeting was never conducted.

Recommend Dismissal.

10 of 60

Printed Tuesday, May 5, 2020 @ 3:31 pmHrg_List_Matter_Judge_EDUARDO V. RODRIGUEZ_all_5-2018 Page 3 of 28

Page 4: Pre and Post Conf Hearing Judge EDUARDO V. RODRIGUEZ ... 12T… · Plan Pmt Petition Dt Pmt Method Case Disposition Attorney 9:00 am ALESIA RACHELLE DORSEY $0.01 No Pmt info 20-30021

Pre and Post Conf HearingJudge EDUARDO V. RODRIGUEZ, Houston

William E. Heitkamp, TrusteeMay 12, 2020 9:00 am Highlighted = H Claims

Reset Dates:06/09/202007/14/202008/11/2020

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

Trustee alleges Debtors' Official Form 122C filed 1/13/2020 is inaccurate.

Plan #41 filed 11/18/2019 fails to show the correct applicable commitment period of sixty (60) months.

Plan #41 fails to provide all of Debtor's disposable income into the plan.

THERESA CHILDRESS

$520.00 WO

$400.00 19-36706

0 Resets 0.77 Mos 4/28/20$240.00

12/2/19

BAKER, REESE WCONFIRMATION HEARINGMOTION TO DISMISS FILED 01/17/2020, DOC. #24

Plan #32 filed 04/07/2020 fails to fully provide for the total debt of USDA claim #2 (Claim: $16,804.45; Plan: $14,393.09).

Trustee does not recommend confirmation.

5 of 60

ERIC CORTEZ$3,840.00

WO

$868.20 19-36943

2 Resets 0.23 Mos 5/5/20

$867.7012/18/19

BAKER, REESE WCONFIRMATION HEARINGPlan #33 filed 4/27/2020 shows new treatment for Regional Finance's secured

claim wherein the claim is paid in full @ 5.25%.

Plan #33 filed 4/27/2020 works, paying 100% to the general unsecured creditors.

Trustee requests C4 Confirmation Order.

Recommend confirmation of the plan filed 04/27/2020, doc. #33. C4 Confirmation Order

5 of 60

SHALANDA HILL$1,375.00

WO

$210.52 20-30118

1 Reset 0.15 Mos 5/1/20

$634.621/6/20

BAKER, REESE WCONFIRMATION HEARINGPlan #18 filed 1/28/2020 works, paying 22.23% to the general unsecured creditors.

Recommend confirmation of the plan filed 01/28/2020, doc. #18.

4 of 60

ANTHONIA UKAMAKA NWANKWO

$2,088.19 WO

$2,616.49 18-36440

1 Reset 1.25 Mos 4/29/20$963.78

11/15/18

BLACK, J THOMASPOST-CONF. TRUSTEE’S MOTION TO DISMISS #49 FILED 2/21/2020 FOR NON-PAYMENT

Response to Trustee's Motion to Dismiss filed 2/24/20 at docket #51.

Debtor had been making payments via wage order and ePay, but there have been several months in which only partial payments or no payments have posted.

Trustee Recommends Dismissal

18 of 60

Printed Tuesday, May 5, 2020 @ 3:31 pmHrg_List_Matter_Judge_EDUARDO V. RODRIGUEZ_all_5-2018 Page 4 of 28

Page 5: Pre and Post Conf Hearing Judge EDUARDO V. RODRIGUEZ ... 12T… · Plan Pmt Petition Dt Pmt Method Case Disposition Attorney 9:00 am ALESIA RACHELLE DORSEY $0.01 No Pmt info 20-30021

Pre and Post Conf HearingJudge EDUARDO V. RODRIGUEZ, Houston

William E. Heitkamp, TrusteeMay 12, 2020 9:00 am Highlighted = H Claims

Reset Dates:06/09/202007/14/202008/11/2020

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

LINDA MARIE HARDISON

$345.00 No Pmt info

$950.00 19-31099

0 Resets 2.75 Mos 4/10/20$345.00

3/1/19

BLACK, J THOMASPOST-CONF. TRUSTEE’S MOTION TO DISMISS #41 FILED 3/17/2020 FOR NON-PAYMENT

Response to Trustee's Motion to Dismiss filed 3/19/19 at docket #42.

ACH was terminated back in 11/2019 due to 3 NSF drafts. Debtor had been submitting additional funds to make up the NSF payments via ePay, but there

have been several months in which only partial payments have posted.

Trustee Recommends Dismissal

14 of 60

JOSHUA GEORGE TRINKER$4,055.00EFT WO

$1,971.11 19-36615

0 Resets 0.49 Mos 4/7/20

$888.8911/27/19

BLACK, J THOMASCONFIRMATION HEARINGMOTION TO DISMISS FILED 01/17/2020, DOC. #35

Schedule J is inaccurate as Debtor is not including the HOA reserve amount in the budget calculation.

Debtor failed to provide proof to substantiate the amounts paid to S-G Owners Association Inc. and Church Services through the Plan. Creditors have not filed a

claim and Trustee must disburse according to plan.

Plan #41 filed 03/06/2020 fails to fully provide for claim #7 of Freedom Mortgage Corporation Ongoing (POC/NMPC months 1-3 $2,375.13 months 4-60 $2,276.60,

Plan months 1-60 $2,276.60).

Plan does not provide for the notice of post-petition fee claim of Freedom Mortgage Corporation doc. #53, in the amount of $700 for proof of claim and plan review.

Trustee does not recommend confirmation.

6 of 60

GEORGE JAMES and MONA LYNNE CANTALAMESSA

$2,900.00 WO

($800.00)19-36794

0 Resets -0.28 Mos 5/4/20

$800.0012/6/19

BLACK, J THOMASCONFIRMATION HEARINGMOTION TO DISMISS FILED 01/27/2020, DOC. #25

Order Authorizing Employment of Justinian & Associates as Special Litigation Counsel signed 03/23/2020, doc. #44.

Plan #47 filed 03/31/2020 lists a special provision in Paragraph #29: Debtors will pay to Trustee any non-exempt proceeds of Debtors' contingent and unliquidated claims, in an amount to pay all allowed unsecured creditors in full. AND Debtors

paid mortgage payments directly to mortgagee during months 1 & 2 of Plan. Subsequent months shall be paid through Plan.

Debtor has failed to provide proof of direct payments to Nationstar mortgage for months 1-2 of Plan.

Trustee does not recommend confirmation.

5 of 60

Printed Tuesday, May 5, 2020 @ 3:31 pmHrg_List_Matter_Judge_EDUARDO V. RODRIGUEZ_all_5-2018 Page 5 of 28

Page 6: Pre and Post Conf Hearing Judge EDUARDO V. RODRIGUEZ ... 12T… · Plan Pmt Petition Dt Pmt Method Case Disposition Attorney 9:00 am ALESIA RACHELLE DORSEY $0.01 No Pmt info 20-30021

Pre and Post Conf HearingJudge EDUARDO V. RODRIGUEZ, Houston

William E. Heitkamp, TrusteeMay 12, 2020 9:00 am Highlighted = H Claims

Reset Dates:06/09/202007/14/202008/11/2020

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

Plan does not provide for the notice of post-petition fee claim of Nationstar (Pingora) doc. #52 in the amount of $250 for proof of claim fees.

Debtor has filed an Objection to the Notice of Post Petition Mortgage Fee claim on 04/27/2020, doc. #54 regarding the fees filed at doc. #52.

Debtor has filed an Objection to the Notice of Post Petition Mortgage Fee claim on 04/27/2020, doc. #53 regarding the fees filed at doc.#46. Debtor argues both

notices are not properly supported and excessive.

VERONICA HURTADO HOSSEINI$2,000.00

EFT

($10.00)20-31217

0 Resets -0.01 Mos 4/29/20

$2,005.002/24/20

BLACK, J THOMASCONFIRMATION HEARINGMOTION TO DISMISS

FILED 4/3/2020, DOC. #18Trustee alleges Schedule J is inaccurate as it fails to list and calculate the HOA

reserve.

Trustee alleges Plan Summary #24 fails to reflect the correct projected disposable income amount (HOA reserve is not subtracted).

Trustee does not recommend.

3 of 60

TRACY YVETTE MOORE$912.71

WO

$2,298.77 18-34878

2 Resets 2.52 Mos 4/28/20$421.25

8/31/18

CHEUNG, WAI PINGPOST-CONF. TRUSTEE’S MOTION TO DISMISS #63 FILED 1/15/2020 FOR NON-PAYMENT

Response to Trustee's Motion to Dismiss filed 1/16/20 at docket #64.

Debtor had been making payments via wage order, but there have been several months in which only partial employer payments have posted.

Trustee Recommends Dismissal

21 of 60

DENISEE BUENA$300.00

WO

$150.00 19-34552

1 Reset 0.50 Mos 5/4/20

$250.008/14/19

FERGUSON, JAMES T

UNIFORM MODIFICATION #49 FILED 2/11/2020

TRUSTEE'S OBJECTION TO MOD FILED 3/25/2020, DOC #52Modification was filed to surrender the 2008 Honda CRV to Bridgecrest Credit.

Trustee objected because Debtor has failed to file an amended wage order or electronic payment mechanism consistent with the proposed modification in

compliance with BLR 3015-1(c)(1);

The plan fails to properly provide for the remaining claim amount for Conn's Appliances.

Trustee Recommends Mod #49 be Denied9 of 60

Printed Tuesday, May 5, 2020 @ 3:31 pmHrg_List_Matter_Judge_EDUARDO V. RODRIGUEZ_all_5-2018 Page 6 of 28

Page 7: Pre and Post Conf Hearing Judge EDUARDO V. RODRIGUEZ ... 12T… · Plan Pmt Petition Dt Pmt Method Case Disposition Attorney 9:00 am ALESIA RACHELLE DORSEY $0.01 No Pmt info 20-30021

Pre and Post Conf HearingJudge EDUARDO V. RODRIGUEZ, Houston

William E. Heitkamp, TrusteeMay 12, 2020 9:00 am Highlighted = H Claims

Reset Dates:06/09/202007/14/202008/11/2020

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

The mod payment is $300.Delinquent $250 if no mod were filed.

JESUS and JULIZA CUELLAR$1,850.00

No Pmt info

$0.00 20-31341

0 Resets 0.00 Mos 5/4/20

$1,850.002/28/20

FERGUSON, JAMES T

CONFIRMATION HEARINGMOTION TO DISMISS

FILED 4/3/2020, DOC. #31AMENDED MOTION TO DISMISS

FILED 4/27/2020, DOC. #35AMENDED MOTION TO DISMISS

FILED 4/30/2020, DOC. #37Debtor has failed to implement a wage deduction order or EFT/ACH authorization as required by Local Bankruptcy Rule 1007-1(c). Debtor's original proposed EFT

Order was stricken due to failure to list the correct plan payment amount.

Debtor has failed to provide Trustee with proof of income to substantiate the income amounts listed on Schedule I and Debtor’s Official Form 122C.

Trustee alleges Schedule J is inaccurate as it fails to calculate the ESF as an expense.

Trustee alleges Schedule J #1 and Plan Summary #26 fail to show the correct projected disposable income amount of $1800.

Debtors failed to comply with BLR 3015-1(b) requiring Debtors to timely provide information required by the Chapter 13 Trustee's Home Mortgage Payment

Procedures.

Plan #26 filed 3/9/2020 fails to provide for the IRS' priority claim (Claim $21,179.86; Plan $20,000).

Trustee does not recommend.

3 of 60

BENNIE LEWIS RUFFIN, JR.

$1,545.00EFT

$5,535.00 18-35647

1 Reset 3.58 Mos 4/13/20

$1,645.0010/5/18

SOUTHWARD, ERICPOST-CONF. TRUSTEE’S MOTION TO DISMISS #41 FILED 2/21/2020 FOR NON-PAYMENT

No response filed by Debtor.

Debtor had been making payments via TFS, but there have been several months in which only partial payments have posted.

Trustee Recommends Dismissal

19 of 60

Printed Tuesday, May 5, 2020 @ 3:31 pmHrg_List_Matter_Judge_EDUARDO V. RODRIGUEZ_all_5-2018 Page 7 of 28

Page 8: Pre and Post Conf Hearing Judge EDUARDO V. RODRIGUEZ ... 12T… · Plan Pmt Petition Dt Pmt Method Case Disposition Attorney 9:00 am ALESIA RACHELLE DORSEY $0.01 No Pmt info 20-30021

Pre and Post Conf HearingJudge EDUARDO V. RODRIGUEZ, Houston

William E. Heitkamp, TrusteeMay 12, 2020 9:00 am Highlighted = H Claims

Reset Dates:06/09/202007/14/202008/11/2020

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

DONNELL SHANNON CHESTNUT$1,090.00

WO

$5,980.03 18-36850

2 Resets 5.49 Mos 3/24/20

$3,501.8312/4/18

SOUTHWARD, ERICUNIFORM MODIFICATION #100 FILED 4/8/2020

POST-CONF. TRUSTEE’S MOTION TO DISMISS #70 FILED 12/17/2019 FOR NON-PAYMENT

Modification was filed to cure arrears.

Modified plan works @ 100% but cannot be recommended until debtor makes the plan payments due under the proposed modification.

Motion to dismiss for non-payment: Debtor had been making payments via wage order, but last wage order payment received was on 10/11/2019. Debtor then

began epay payments in November, but there have been several months in which only partial payments have posted.

The mod payment is $1,090.Under the mod, Debtor is delinquent $2,180 (2 mos).

If the mod is not approved, Debtor will be delinquent $20,567.27.

Trustee Recommends Mod #100 be Denied

Trustee Recommends Dismissal

17 of 60

10:00 am

CATALIN NICOLAS FILIP

$600.00 WO

$38.48 19-34144

1 Reset 0.06 Mos 4/23/20$115.38

7/30/19

GREENE, LIZACONFIRMATION HEARINGMOTION TO DISMISS

FILED 3/5/2020, DOC. #43Plan #56 filed 4/24/2020 works, paying 100% to the general unsecured creditors; however, Trustee would like to reserve their recommendation until the new tolled

bar date 5/11/2020 passes to make ensure the plan is still feasible.

Trustee to address to the Court.

10 of 60

ALFRED and SHARON DIANE

SAMPSON$2,230.00

EFT

$4,460.00 18-36429

2 Resets 2.00 Mos 2/14/20

$2,200.0011/14/18

GUZMAN, ELOISE AUNIFORM MODIFICATION #53 FILED 3/16/2020

POST-CONF. TRUSTEE’S MOTION TO DISMISS #49 FILED 1/15/2020 FOR NON-PAYMENT

Modification was filed to cure arrears.

Modified plan works @ 100% but cannot be recommended until Debtors makes the plan payments due under the proposed modification.

Motion to dismiss for non-payment: Debtors had been making payments via wage order and ePay. Last wage order payment was received on 7/12/19.

Trustee Recommends Mod #53 be Denied

Trustee Recommends Dismissal

18 of 60

Printed Tuesday, May 5, 2020 @ 3:31 pmHrg_List_Matter_Judge_EDUARDO V. RODRIGUEZ_all_5-2018 Page 8 of 28

Page 9: Pre and Post Conf Hearing Judge EDUARDO V. RODRIGUEZ ... 12T… · Plan Pmt Petition Dt Pmt Method Case Disposition Attorney 9:00 am ALESIA RACHELLE DORSEY $0.01 No Pmt info 20-30021

Pre and Post Conf HearingJudge EDUARDO V. RODRIGUEZ, Houston

William E. Heitkamp, TrusteeMay 12, 2020 10:00 am Highlighted = H Claims

Reset Dates:06/09/202007/14/202008/11/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

10:00 am

The mod payment is $2,230.Under the mod, Debtors are delinquent $4,460 (2 mos).

If the mod is not approved, Debtors will be delinquent $6,600.

AGUSTIN H. CAMPOS and MARGARITA

JAQUEZ$2,599.17

WO

$8,087.66 19-31785

0 Resets 3.11 Mos 4/11/20

$2,399.243/31/19

GUZMAN, ELOISE APOST-CONF. TRUSTEE’S MOTION TO DISMISS #48 FILED 3/17/2020 FOR NON-PAYMENT

No response filed by Debtor.

Debtor had been making payments via wage order, but there have been several months in which only partial employer payments have posted.

Trustee Recommends Dismissal

14 of 60

CHARLES VERNON BEAL

$2,100.00EFT

$4,200.00 20-30706

1 Reset 2.00 Mos 3/2/20

$2,100.001/29/20

GUZMAN, ELOISE ACONFIRMATION HEARINGMOTION TO DISMISS

FILED 3/5/2020, DOC. #24AMENDED MOTION TO DISMISS

FILED 4/2/2020, DOC. #29AMENDED MOTION TO DISMISS

FILED 4/29/2020, DOC. #41Debtor is delinquent two (2) payments through April 2020 totaling $4200.

Plan #17 filed 2/26/2020 fails to provide for Nationstar Mortgage's ongoing mortgage claim (Claim $1358.42; Plan $1062.36) and mortgage arrearage claim

(Claim $53,418.35; Plan $47,800).

An examination of Debtor's schedules and plan indicate non-exempt property of $87,210.85. Plan fails to comply with U.S.C. 1325(a)(4), as the total general

unsecured claims filed as of 4/7/2020 total $26,878.02. Plan #17 fails to pay 100% to the general unsecured creditors.

Debtor failed to provide proof to substantiate the debt paid to Harris County through the plan.

Objection to Confirmation filed by Nationstar Mortgage on 4/27/2020, doc. #40 regarding 12522 Berry Laurel Lane, arguing the plan understates the pre-petition

arrearage claim.

Recommend Dismissal.

4 of 60

Printed Tuesday, May 5, 2020 @ 3:31 pmHrg_List_Matter_Judge_EDUARDO V. RODRIGUEZ_all_5-2018 Page 9 of 28

Page 10: Pre and Post Conf Hearing Judge EDUARDO V. RODRIGUEZ ... 12T… · Plan Pmt Petition Dt Pmt Method Case Disposition Attorney 9:00 am ALESIA RACHELLE DORSEY $0.01 No Pmt info 20-30021

Pre and Post Conf HearingJudge EDUARDO V. RODRIGUEZ, Houston

William E. Heitkamp, TrusteeMay 12, 2020 10:00 am Highlighted = H Claims

Reset Dates:06/09/202007/14/202008/11/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

10:00 am

DAVID W SARGENT JR

$2,000.50 WO

$4,001.00 20-31420

0 Resets 2.00 Mos 1/1/00$0.00

3/1/20

HIMES, DAVID ACONFIRMATION HEARINGMOTION TO DISMISS

FILED 4/3/2020, DOC. #18Debtor's rescheduled 341 Meeting is set for 5/6/2020 @ 2:45.

Payment has not been received in this case.

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

IRS claim #4 filed 3/25/2020 reflects Debtor has not filed a tax return for the years 2016-2018. Trustee has not received copies of the tax returns for the respective

years and 2019.

Plan #53 filed 4/29/2020 fails to list the principal residence address in Paragraph #8.

Plan fails to provide for Tax Loans USA's property tax claim (Claim $64,780.21; Plan $45,509.43).

Plan is misleading as it appears to pay a higher claim amount for Conn's in Paragraph 11 despite Trustee’s obligation to pay the lower value amount.

Additionally, Box 1B is not checked providing notice of the limitation to the claim.

Objection to Confirmation filed by Tax Loans USA on 3/23/2020, doc. #17. Creditor is the owner and holder of 3 Deeds of Trust relating to secured tax liens on the

Debtor's homestead. Creditor argues the plan fails to provide for its total pre-petition arrearage claim, bad faith and feasibility.

Objection to Confirmation filed by Tax Loans USA on 4/28/2020, doc. #50 arguing the plan shows total debt treatment of its claim when it should be treated as a

cure and maintain.

Trustee does not recommend.

2 of 60

Printed Tuesday, May 5, 2020 @ 3:31 pmHrg_List_Matter_Judge_EDUARDO V. RODRIGUEZ_all_5-2018 Page 10 of 28

Page 11: Pre and Post Conf Hearing Judge EDUARDO V. RODRIGUEZ ... 12T… · Plan Pmt Petition Dt Pmt Method Case Disposition Attorney 9:00 am ALESIA RACHELLE DORSEY $0.01 No Pmt info 20-30021

Pre and Post Conf HearingJudge EDUARDO V. RODRIGUEZ, Houston

William E. Heitkamp, TrusteeMay 12, 2020 10:00 am Highlighted = H Claims

Reset Dates:06/09/202007/14/202008/11/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

10:00 am

JUDY HOLLIE$200.00

No Pmt info

$200.00 19-36429

2 Resets 1.00 Mos 4/20/20$360.28

11/17/19

HYDE, JACOB BRUCE

DEBTOR'S OBJECTION TO TDECU'S CLAIM #7

DEBTOR'S MOTION TO RECONSIDER ACH PAYMENTS AND/OR WAIVE THE WAGE ORDER

CONFIRMATION HEARINGMOTION TO DISMISS

FILED 1/14/2020, DOC. #28AMENDED MOTION TO DISMISS

FILED 1/28/2020, DOC. #29Debtor has failed to implement an ACH Order as required by Local Bankruptcy

Rule 1007-1(c). Trustee has received the ACH agreement and voided check. Debtor has filed a Motion to Reconsider ACH payments and/or waive the wage

order on 3/23/20 at #46. Debtor also filed an order granting motion for reconsideration of ACH payments at #47. Hearing scheduled for 10:00 a.m.

Plan #37 filed 3/10/2020 fails to provide for TDECU's secured claim for a 2019 Toyota Camry (Claim $48,062.06; Plan $0).

Plan Summary #37 fails to match Schedule J #36. The projected expenses and disposable income amounts do not match.

Objection to Confirmation filed by Bank of New York on 11/29/2019, doc. #13 regarding 3245 Autumn Forest Drive, arguing the plan fails to provide for its

arrearage claim.

Debtor's Objection to Claim #7 of TDECU filed on 3/23/20 at #49. Debtor argues the interest in the 2019 Toyota Camry was terminated on 8/9/2019 (3 months prior

to filing bankruptcy) when the car was repossessed by TDECU from the Chuck-E-Cheese parking lot at Gulfgate Shopping Mall. Hearing scheduled for

10:00 a.m.

Adversary Case #19-3703. Scheduling Conference scheduled for 5/12/2020 @ 3:00 pursuant to the Order and 5/12/2020 @ 2:00 pursuant to docket entry #13.

Trustee does not recommend.

6 of 36

Printed Tuesday, May 5, 2020 @ 3:31 pmHrg_List_Matter_Judge_EDUARDO V. RODRIGUEZ_all_5-2018 Page 11 of 28

Page 12: Pre and Post Conf Hearing Judge EDUARDO V. RODRIGUEZ ... 12T… · Plan Pmt Petition Dt Pmt Method Case Disposition Attorney 9:00 am ALESIA RACHELLE DORSEY $0.01 No Pmt info 20-30021

Pre and Post Conf HearingJudge EDUARDO V. RODRIGUEZ, Houston

William E. Heitkamp, TrusteeMay 12, 2020 10:00 am Highlighted = H Claims

Reset Dates:06/09/202007/14/202008/11/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

10:00 am

JAMES H. LANG$1,190.00

EFT

$0.00 20-30970

1 Reset 0.00 Mos 4/10/20

$1,190.002/6/20

JONES III, NELSON MCONFIRMATION HEARINGMOTION TO DISMISS

FILED 3/17/2020, DOC. #26Debtor has failed to provide Trustee with proof of income to substantiate the

income amounts listed on Schedule I and Debtor’s Official Form 122C.

Plan #43 filed on 5/1/2020 fails to specify the correct applicable commitment period in Paragraph 4. The Debtor is below the median income, which requires a

36-month applicable commitment period. Debtor lists 60.

Plan fails to provide for PHH Mortgage's ongoing mortgage claim (Claim $663.81; Plan $961.61) months 1-60 and mortgage arrearage claim (Claim $92,925.94; Plan

$4200).

Paragraph 10 of the Plan is incomplete as the Date Last Payment is Due and Contract Rate of Interest have not been provided on Smart Financial's CU's claim.

Objection to Confirmation filed by PHH Mortgage on 2/20/2020, doc. #18 regarding 2311 Rittenmore Drive, arguing the plan does not provide for their claim and

feasibility. PHH Mortgage has not filed a claim as of 4/2/2020.

Order on Trustee's Objection to Exemptions entered 4/24/2020. Debtor is limited to 2 firearms, required to amend Schedules A-C to itemize firearms and list separate values, amend the "Total Non-Exempt Property" row in the Plan

Summary and file Schedule C-1 to itemize the claimed exemptions. Debtor has complied with exempting two (2) firearms under Tex. Prop. Code 42.002(a)(7);

however, Debtor is exempting two (2) "Unknown" valued firearms (Shotgun and 16 Gauge) under 42.002(a)(1) as family heirlooms.

Trustee does not recommend.

3 of 60

JOYCELYN RENEE DAVIS

$1,255.00 WO

$996.98 19-31857

0 Resets 0.79 Mos 4/10/20

$1,513.024/1/19

KEELING, KENNETH A

UNIFORM MODIFICATION #68 FILED 3/27/2020Modification was filed to surrender the 2015 Toyota Tacoma to Americredit

Financial Services.

Modified plan works @ 12% to general unsecured creditors. Trustee’s recommendation was filed with the court on 5/5/20.

Trustee Recommends Approval of Mod #6813 of 60

Printed Tuesday, May 5, 2020 @ 3:31 pmHrg_List_Matter_Judge_EDUARDO V. RODRIGUEZ_all_5-2018 Page 12 of 28

Page 13: Pre and Post Conf Hearing Judge EDUARDO V. RODRIGUEZ ... 12T… · Plan Pmt Petition Dt Pmt Method Case Disposition Attorney 9:00 am ALESIA RACHELLE DORSEY $0.01 No Pmt info 20-30021

Pre and Post Conf HearingJudge EDUARDO V. RODRIGUEZ, Houston

William E. Heitkamp, TrusteeMay 12, 2020 10:00 am Highlighted = H Claims

Reset Dates:06/09/202007/14/202008/11/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

10:00 am

RICHARD ERVIN GIBSON$1,110.00

WO

$170.74 20-31269

0 Resets 0.15 Mos 4/22/20$512.32

2/26/20

KEELING, KENNETH A

CONFIRMATION HEARINGMOTION TO DISMISS FILED 04/14/2020, DOC. #26

Response to Trustee's Motion to Dismiss filed 05/01/2020, doc. #28.

Schedule J is inaccurate as Schedule J net income matches plan payment because ESF is shown as 0.

Plan #3 filed 02/26/2020 fails to provide any treatment for American Advisors secured claim #5 (Claim: $96,564.11; Plan: $0).

Based on the pro-rata treatment to Santander, the Plan fails to provide sufficient adequate protection on the 2017 Dodge Ram 1500.

Trustee does not recommend confirmation.

3 of 60

DENISE DAWN WYCHE

$2,500.00 ACH

$1,250.00 20-31273

0 Resets 0.50 Mos 4/23/20

$1,250.002/26/20

KEELING, KENNETH A

CONFIRMATION HEARINGMOTION TO DISMISS FILED 04/14/2020, DOC. #29

Response to Trustee's Motion to Dismiss filed 05/04/2020, doc. #31.

Schedule J is inaccurate Schedule J net income matches plan payment because ESF and Reserve are both shown as 0.

IRS claim #4 filed 03/19/2020 shows an unfiled tax return for the year 2019 and reflects a priority claim amount of $1,522.50. Trustee has not received a copy of

this return. Plan #2 filed 02/26/2020 fails to provide any treatment for the IRS.

Plan fails to provide a separate ad valorem reserve for each property.

Plan fails to fully provide for Grimes CAD claim #1 (Claim:$8,833.36; Plan: $6,946.51).

Plan fails to fully provide for mortgage claim #16 Carrington Mortgage Services (Arrears: $3,914.97; Plan: $2,400 and Ongoing: $597.44; Plan: $640).

Based on the pro-rata treatment to JP Morgan Chase, the Plan fails to provide

sufficient adequate protection on the 2018 Chevrolet Malibu.

Paragraph 10 of the Plan is incomplete as the Date Last Payment is Due and

Trustee does not recommend.

3 of 60

Printed Tuesday, May 5, 2020 @ 3:31 pmHrg_List_Matter_Judge_EDUARDO V. RODRIGUEZ_all_5-2018 Page 13 of 28

Page 14: Pre and Post Conf Hearing Judge EDUARDO V. RODRIGUEZ ... 12T… · Plan Pmt Petition Dt Pmt Method Case Disposition Attorney 9:00 am ALESIA RACHELLE DORSEY $0.01 No Pmt info 20-30021

Pre and Post Conf HearingJudge EDUARDO V. RODRIGUEZ, Houston

William E. Heitkamp, TrusteeMay 12, 2020 10:00 am Highlighted = H Claims

Reset Dates:06/09/202007/14/202008/11/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

10:00 am

Contract Rate has not been provided on the Hilton Grand Vacations claim.

WENDY L VAN DYKE

$275.00 WO

($15.00)20-30911

1 Reset -0.05 Mos 4/23/20$137.50

2/3/20

KIM, MIN GYUCONFIRMATION HEARINGPlan #24 filed 3/3/2020 works, paying 1.21% to the general unsecured creditors.

Recommend confirmation of the plan filed 03/03/2020, doc. #24.

3 of 60

11:00 am

NICHOLAS N. SILVESTRE and

CATALINA LICONA$1,810.00

WO

$139.20 19-31406

2 Resets 0.08 Mos 5/1/20

$835.403/13/19

MILLS, COREY LUNIFORM MODIFICATION #68 FILED 2/24/2020

AMENDED TRUSTEE'S OBJECTION TO MOD FILED 4/3/2020, DOC #76

POST-CONF. TRUSTEE’S MOTION TO DISMISS #59 FILED 12/17/2019 FOR NON-PAYMENT

Modification was filed to cure arrears, surrender the 2016 Chevy Silverado to Wells Fargo, and surrender the 2016 PJ trailer to BB&T. Also, the plan proposes to

change the treatment of 2 secured creditors (NewRez mortgage and Ally Financial) from being paid direct to now be paid through the plan.

Trustee objected because the confirmation order requires 100% payment to the unsecured creditors but the mod proposes to pay only 13%.

The plan fails to properly provide for the remaining claim amounts for Ally Financial and NewRez mortgage.

Motion to dismiss for non-payment: Debtors had been making payments via wage order, but last wage order payment was received on 10/9/2019. Debtors started epay payments in December, but there have been several months in which only

partial payments have posted.

The mod payment is $1,810.Under the mod, Debtors are delinquent $139.20.

If the mod is not approved, Debtors will be delinquent $3,220.

Trustee Recommends Mod #68 be Denied

Trustee Recommends Dismissal

14 of 60

Printed Tuesday, May 5, 2020 @ 3:31 pmHrg_List_Matter_Judge_EDUARDO V. RODRIGUEZ_all_5-2018 Page 14 of 28

Page 15: Pre and Post Conf Hearing Judge EDUARDO V. RODRIGUEZ ... 12T… · Plan Pmt Petition Dt Pmt Method Case Disposition Attorney 9:00 am ALESIA RACHELLE DORSEY $0.01 No Pmt info 20-30021

Pre and Post Conf HearingJudge EDUARDO V. RODRIGUEZ, Houston

William E. Heitkamp, TrusteeMay 12, 2020 11:00 am Highlighted = H Claims

Reset Dates:06/09/202007/14/202008/11/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

11:00 am

RANDAL A. and STACY A. BARBER

$750.00 WO

$750.00 20-31325

0 Resets 1.00 Mos 4/21/20$375.00

2/27/20

MILLS, COREY LCONFIRMATION HEARINGMOTION TO DISMISS

FILED 4/15/2020. DOC. #24Plan #2 filed 2/27/2020 fails to provide for Brazos Valley School CU's secured

cross-collateralized claim (Claim $4130.87; Plan $0).

Plan fails to provide for Cinco Residential Property Association's secured claim (Claim $11,810.91; Plan $11,576.35).

Plan proposes to establish a Reserve for HOA in Paragraph 16 instead of Paragraph 23.

Plan fails to list the reason for special classification for Cinco Residential Property Association in Paragraph 16.

Objection to Confirmation of Plan Filed by Brazos Valley Schools Credit Union on 3/13/2020, doc. #21, arguing the value for Loan 1 and the treatment of Loan 2.

Trustee does not recommend.

3 of 36

KARRIE JEAN ALBERT$145.00

WO

$770.00 19-31215

1 Reset 5.31 Mos 4/13/20$100.00

3/4/19

MORRISON, CHRISTOPHER

POST-CONF. TRUSTEE’S MOTION TO DISMISS #35 FILED 2/21/2020 FOR NON-PAYMENT

Debtor had been making payments via wage order and ePay, but there have been several months in which no payments have posted. Last wage order payment was

received on 11/8/19.

Statement of Payment Reduction (#40) filed on 4/10/20. Proposed Monthly Payment for March, April and May is $45.

Amended wage order (#44) was filed on 4/13/20.

Trustee Recommends Dismissal

14 of 60

KEITH and ROSE MARIE JOHNSON

$2,434.00 WO

($1,217.00)20-30192

0 Resets -0.50 Mos 4/21/20

$1,217.001/9/20

MORRISON, CHRISTOPHER

CONFIRMATION HEARINGPlan #34 filed 04/27/2020 works, paying 25.32% to general unsecured creditors.

Trustee recommends Plan#34 filed 04/27/2020.4 of 36

Printed Tuesday, May 5, 2020 @ 3:31 pmHrg_List_Matter_Judge_EDUARDO V. RODRIGUEZ_all_5-2018 Page 15 of 28

Page 16: Pre and Post Conf Hearing Judge EDUARDO V. RODRIGUEZ ... 12T… · Plan Pmt Petition Dt Pmt Method Case Disposition Attorney 9:00 am ALESIA RACHELLE DORSEY $0.01 No Pmt info 20-30021

Pre and Post Conf HearingJudge EDUARDO V. RODRIGUEZ, Houston

William E. Heitkamp, TrusteeMay 12, 2020 11:00 am Highlighted = H Claims

Reset Dates:06/09/202007/14/202008/11/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

11:00 am

JANET D. TARKINGTON

$1,030.00EFT

$30.00 20-30966

1 Reset 0.03 Mos 4/20/20$600.00

2/6/20

MORRISON, CHRISTOPHER

CONFIRMATION HEARINGPlan #43 filed 4/30/2020 works, paying 2.78% to the general unsecured creditors.

Recommend confirmation of the plan filed 04/30/2020, doc. #43.

3 of 60

SHANETTE LA RAY HATCHER$3,180.00

WO

$1,740.00 19-36174

3 Resets 0.55 Mos 4/28/20

$1,575.0011/4/19

MOUGHON, REBECCA M.

CONFIRMATION HEARINGMOTION TO DISMISS

FILED 12/16/2019, DOC. #29AMENDED MOTION TO DISMISS

FILED 3/3/2020, DOC. #44Trustee alleges Schedule J is inaccurate as it lists a $42 HOA reserve, which is

no longer listed in the current Plan #43.

Plan #43 filed 3/2/2020 is not feasible. Plan payments for month 1 fail to provide for the ongoing mortgage ($2111), Trustee's percentage ($141.91) and adequate

protection ($301.38) totaling $2541.29.

Plan payments for month 2 fail to provide for the ongoing mortgage ($2098), Trustee's percentage ($141.91) and adequate protection ($301.38) totaling

$2554.29.

Plan fails to provide for Idaho Housing and Finance's ongoing mortgage claim (Claim months 1-1 @ $2111 and months 2-60 @ $2098; Plan $2111).

Based on NADA value as required by Order #6, Plan #43 does not provide sufficient adequate protection to Capital One Auto Finance.

Debtor's Objection to IRS' original claim #1 filed 1/17/2020. Debtor argues her 2017 tax liability of $1144.06 should be offset by her 2018 tax refund of $1739. IRS amended its proof of claim on 1/29/2020, increasing the priority amount. An Order was entered on 2/27/2020, doc. #41 disallowing the IRS's claim and ordering the

IRS to amend their claim to include the 2018 tax year.

Statement of Payment Reduction Pursuant to General Order 2020-7 filed 4/3/2020, doc. #50. Debtor is proposing to pay $0 plan payments March-May 2020. Plan

Trustee does not recommend.

6 of 60

Printed Tuesday, May 5, 2020 @ 3:31 pmHrg_List_Matter_Judge_EDUARDO V. RODRIGUEZ_all_5-2018 Page 16 of 28

Page 17: Pre and Post Conf Hearing Judge EDUARDO V. RODRIGUEZ ... 12T… · Plan Pmt Petition Dt Pmt Method Case Disposition Attorney 9:00 am ALESIA RACHELLE DORSEY $0.01 No Pmt info 20-30021

Pre and Post Conf HearingJudge EDUARDO V. RODRIGUEZ, Houston

William E. Heitkamp, TrusteeMay 12, 2020 11:00 am Highlighted = H Claims

Reset Dates:06/09/202007/14/202008/11/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

11:00 am

fails to list reduced payments.

KYLE KINCAID WILLIAMS$3,850.00

WO

($131.04)19-32784

4 Resets -0.03 Mos 5/1/20

$1,776.925/16/19

PARKER, H BRADCONFIRMATION HEARINGMOTION TO DISMISS

FILED 7/16/2019, DOC. #31Plan #36 filed on 8/12/2019 fails to provide for Nationstar Mortgage's correct

ongoing mortgage claim (Claim $1772.96; Plan $1773.21).

Plan #36 fails to surrender the Debtors' IRS setoff in Paragraph #7.

Debtor failed to provide proof to substantiate the debts paid to Brookglen CIA and Conn's through the Plan. The bar date passed on 7/25/2019 and the creditors did

not file claims.

Motion to Lift Automatic Stay filed by Penny, Patrick and Matthew Farris regarding 9706 Ellen Street, Baytown, TX 77521 was denied per Court Order #77 signed

11/25/2019.

Objection to Confirmation filed 10/1/2019 #52 by Penny Farris, et al regarding 9706 Ellen Street, arguing the Plan fails to list their claim.

Adversary Proceeding filed by Debtor. 19-03683 - Complaint. Kyle Kincaid Williams v. Penny Elaine Farris, Matthew Farris, Patrick Farris and Gary Lynn

Laughlin. Scheduling Conference set for 3/9/2020 @ 11:00.

Trustee Does Not Recommend.

12 of 60

KAREN W. DOUGLAS$2,625.00EFT WO

$5,250.00 19-32517

3 Resets 2.00 Mos 3/16/20

$4,520.005/4/19

PAYNE, KYLE KENNETH

UNIFORM MODIFICATION #65 FILED 3/9/2020

AMENDED TRUSTEE'S OBJECTION TO MOD FILED 4/6/2020, DOC #76

POST-CONF. TRUSTEE’S MOTION TO DISMISS #61 FILED 12/17/2019 FOR NON-PAYMENT

Modification was filed to cure arrears and add post-petition mortgage arrears to the plan. Also, the plan is removing the emergency savings fund and HOA reserve

from the plan.

Trustee objected because the plan does not reflect the correct amount deposited into the emergency savings funds prior to the modification;

Trustee Recommends Mod #65 be Denied

Trustee Recommends Dismissal

12 of 60

Printed Tuesday, May 5, 2020 @ 3:31 pmHrg_List_Matter_Judge_EDUARDO V. RODRIGUEZ_all_5-2018 Page 17 of 28

Page 18: Pre and Post Conf Hearing Judge EDUARDO V. RODRIGUEZ ... 12T… · Plan Pmt Petition Dt Pmt Method Case Disposition Attorney 9:00 am ALESIA RACHELLE DORSEY $0.01 No Pmt info 20-30021

Pre and Post Conf HearingJudge EDUARDO V. RODRIGUEZ, Houston

William E. Heitkamp, TrusteeMay 12, 2020 11:00 am Highlighted = H Claims

Reset Dates:06/09/202007/14/202008/11/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

11:00 am

The plan does not reflect the correct amount deposited into the HOA reserve prior to the modification;

The plan fails to provide for the Notice of Mortgage Payment Change filed on 3/18/20 (dkt #72);

Debtor proposes to avoid a lien under paragraph 8c of the plan, which has been avoided under a previously confirmed plan;

Debtor has failed to file Schedules I/J.

Motion to dismiss for non-payment: Debtor had been making payments via ePay, but there have been several months in which only partial payments or no

payments have posted.

The mod payment is $2,625.Under the mod, Debtor is delinquent $5,250 (2 mos).

If the mod is not approved, Debtor will be delinquent $9,040.

DENNIS JAMES TURNER$2,300.00

WO

$265.34 19-36199

1 Reset 0.12 Mos 4/28/20

$1,243.8511/4/19

PAYNE, KYLE KENNETH

CONFIRMATION HEARINGMOTION TO DISMISS FILED 1/14/2020, DOC. #45

Debtor has failed to provide proof of income for his second job.

IRS claim #2 filed 12/06/19 reflects Debtor has not filed a tax return for the years 2016 and 2017. Trustee has received an unsigned copy of the tax return for the

year 2017.

Plan #38 filed 12/18/19 fails to provide for the IRS priority claim (Claim: $19,209.62; Plan $0).

Plan #38 fails to provide for the Okinus Inc. claim (Claim: $1500; Plan: $0).

Plan #38 fails to fully provide for the arrears of PHH Mortgage claim (Claim: $62,512.74; Plan: $23,000).

Trustee does not recommend confirmation.

6 of 60

Printed Tuesday, May 5, 2020 @ 3:31 pmHrg_List_Matter_Judge_EDUARDO V. RODRIGUEZ_all_5-2018 Page 18 of 28

Page 19: Pre and Post Conf Hearing Judge EDUARDO V. RODRIGUEZ ... 12T… · Plan Pmt Petition Dt Pmt Method Case Disposition Attorney 9:00 am ALESIA RACHELLE DORSEY $0.01 No Pmt info 20-30021

Pre and Post Conf HearingJudge EDUARDO V. RODRIGUEZ, Houston

William E. Heitkamp, TrusteeMay 12, 2020 11:00 am Highlighted = H Claims

Reset Dates:06/09/202007/14/202008/11/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

11:00 am

Objection to Confirmation filed by PHH Mortgage on 02/14/2020, doc. #53. Creditor argues Plan fails to pay the full pre-petition arrears.

DANIEL VICTOR and HELEN LEANNE

DELAROSA$1,550.00

No Pmt info

$0.00 20-31265

0 Resets 0.00 Mos 4/24/20

$1,550.002/26/20

PAYNE, KYLE KENNETH

DEBTORS' MOTION TO WAIVE PAY ORDERCONFIRMATION HEARING

MOTION TO DISMISSFILED 4/3/2020, DOC. #18

Debtors' Motion to Waive Pay Order filed 2/27/2020, doc. #4. Debtors request an order waiving the requirement to file a wage order. Debtors work for a storage

company that provides them their place of residence on site at no charge. Debtors are concerned that knowledge of the bankruptcy could affect their relationship and the trust that their employer has in them to manage the property and they do not

want to put in jeopardy their employment or their living arrangements. Hearing also set at 11 a.m.

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

Debtor has failed to provide Trustee with proof of income to substantiate the income amounts listed on Schedule I and Debtor’s Official Form 122C.

Plan #10 filed 2/28/2020 works, paying 5.06% to the general unsecured creditors.

Trustee does not recommend.

3 of 60

ROBERTO PEREZ LAINEZ$0.00EFT

$70.00 19-36356

0 Resets 0.01 Mos 3/10/20

$1,550.0011/12/19

PHAM, KEVIN HCONFIRMATION HEARINGMOTION TO DISMISS FILED 1/14/2020, DOC. #20

Trustee alleges that Plan #52 filed 05/04/2020 is not feasible as Debtor has demonstrated an inability to fund the plan. Plan was amended to lower the

Debtor's payments from $1550 to $0 for months 4-7 to bring them current. Debtor has not made a payment since March 10, 2020 and the new payment increases to

$1,740 beginning July 2020.

Additionally, Plan is not feasible as Plan Summary #52 continues to propose an HOA reserve for months 4-7 at $22.50 while the plan payment is $0.

Plan proposes to add a post petition arrears claim for months Feb. 2020- June 2020 for a total claim of $4,619.15. Trustee asserts the mortgage payments for Feb. and March have already been disbursed so the total claim calculation is

Trustee does not recommend.

6 of 60

Printed Tuesday, May 5, 2020 @ 3:31 pmHrg_List_Matter_Judge_EDUARDO V. RODRIGUEZ_all_5-2018 Page 19 of 28

Page 20: Pre and Post Conf Hearing Judge EDUARDO V. RODRIGUEZ ... 12T… · Plan Pmt Petition Dt Pmt Method Case Disposition Attorney 9:00 am ALESIA RACHELLE DORSEY $0.01 No Pmt info 20-30021

Pre and Post Conf HearingJudge EDUARDO V. RODRIGUEZ, Houston

William E. Heitkamp, TrusteeMay 12, 2020 11:00 am Highlighted = H Claims

Reset Dates:06/09/202007/14/202008/11/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

11:00 am

inaccurate.

TANISHA STRONG$1,000.00

WO

$2,000.00 19-34507

4 Resets 2.00 Mos 2/12/20

$1,000.008/11/19

POPE, JAMES QCONFIRMATION HEARINGMOTION TO DISMISS

FILED 10/8/2019, DOC. #33Debtor is delinquent two (2) payments through April 2020 totaling $2000 and will

be delinquent three (3) payments on May 10, 2020 totaling $3000 if payment is not received.

Plan #70 filed 3/3/2020 works, paying 42.04% to the general unsecured creditors.

Recommend Dismissal.

9 of 60

PETER A. SMITH$1,750.00

WO

$1,346.15 19-34571

4 Resets 0.77 Mos 4/25/20$403.85

8/15/19

Sargent, Emil RCONFIRMATION HEARINGPlan #71 filed 3/9/2020 works, paying 3.74% to the general unsecured creditors.

Recommend confirmation of the plan filed 03/09/2020, doc. #71.

9 of 60

HENDRICK R. MUSHI

$1,750.00EFT

$3,500.00 19-30206

4 Resets 2.00 Mos 3/10/20$880.00

1/16/19

SOUTHWARD, ERICAMENDED UNIFORM MODIFICATION #82 FILED 3/9/2020

AMENDED TRUSTEE'S OBJECTION TO MOD FILED 3/25/2020, DOC #87

POST-CONF. TRUSTEE’S MOTION TO DISMISS #62 FILED 10/17/2019 FOR NON-PAYMENT

Modification was filed to cure arrears and add post-petition mortgage arrears to the plan.

Trustee objected because the plan fails to properly provide for the remaining claim amount for Santander Consumer and Americredit Financial;

The plan summary fails to reflect the correct amount of pre-modification distributions to secured creditors;

Debtor's Schedule J does not show disposable income sufficient to fund the proposed plan with variable payments.

Motion to dismiss for non-payment: Debtor had been making payments via ePay, but there have been several months in which only partial payments or no

Trustee Recommends Amd Mod #82 be Denied

Trustee Recommends Dismissal

16 of 60

Printed Tuesday, May 5, 2020 @ 3:31 pmHrg_List_Matter_Judge_EDUARDO V. RODRIGUEZ_all_5-2018 Page 20 of 28

Page 21: Pre and Post Conf Hearing Judge EDUARDO V. RODRIGUEZ ... 12T… · Plan Pmt Petition Dt Pmt Method Case Disposition Attorney 9:00 am ALESIA RACHELLE DORSEY $0.01 No Pmt info 20-30021

Pre and Post Conf HearingJudge EDUARDO V. RODRIGUEZ, Houston

William E. Heitkamp, TrusteeMay 12, 2020 11:00 am Highlighted = H Claims

Reset Dates:06/09/202007/14/202008/11/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

11:00 am

payments have posted.

The mod payment is $1,750.Under the mod, Debtor is delinquent $3,500.

If the mod is not approved, Debtor will be delinquent $10,640.

JOSE GUADALUPE PALOMO and

IVONNE FANG VEGA

$3,315.00EFT WO

$4,192.30 19-36863

0 Resets 1.26 Mos 5/5/20

$230.7712/12/19

SOUTHWARD, ERICCONFIRMATION HEARINGMOTION TO DISMISS FILED 02/10/2020, DOC. #37

Response to Trustee's Motion to Dismiss filed 03/05/2020, doc. #41.

IRS claim #17 filed 03/24/2020 shows an unfiled tax return for the year 2016, 2017, 2018 and unfiled WT-FICA for 2nd, 3rd and 4th quarters of 2019. Trustee has only received a copy of the 2018 return. Plan #53 filed 3/18/2020 fails to fully provide

for the priority claim (Claim: $19,318.60; Plan: $15,279).

Trustee alleges Amended Schedule I and J #54 filed 3/18/2020 are inaccurate as they fail to list Mrs. Vega’s tenure and business address and budgets only 2% of

her gross wages for self employment taxes. Plan does not include a Federal Income Tax Reserve in paragraph 23.

Trustee recommends dismissal.

5 of 60

ORLANDO and WALESKA M.

CUEVAS$280.00

EFT

$0.00 20-30317

1 Reset 0.00 Mos 4/20/20$280.00

1/21/20

SOUTHWARD, ERICCONFIRMATION HEARINGMOTION TO DISMISS

FILED 3/5/2020, DOC. #25Debtor has not submitted to a reasonable examination of requested financial records by Trustee's accountant, as required by 11 U.S.C. 521(a)(3). Letter

mailed on 2/6/2020.

Trustee alleges Schedule J is inaccurate as it fails to calculate the ad valorem reserve as an expense.

Plan Summary #2 and Schedule J #5 do not match. The projected income, expenses and disposable income amounts do not match.

Plan #2 filed 1/21/2020 is not feasible. The Plan Summary shows Debtors cannot afford their Chapter 13 plan payments.

Plan fails to provide for Harris County's claim for vehicles (Claim $748.55; Plan $0).

Trustee does not recommend.

4 of 60

Printed Tuesday, May 5, 2020 @ 3:31 pmHrg_List_Matter_Judge_EDUARDO V. RODRIGUEZ_all_5-2018 Page 21 of 28

Page 22: Pre and Post Conf Hearing Judge EDUARDO V. RODRIGUEZ ... 12T… · Plan Pmt Petition Dt Pmt Method Case Disposition Attorney 9:00 am ALESIA RACHELLE DORSEY $0.01 No Pmt info 20-30021

Pre and Post Conf HearingJudge EDUARDO V. RODRIGUEZ, Houston

William E. Heitkamp, TrusteeMay 12, 2020 11:00 am Highlighted = H Claims

Reset Dates:06/09/202007/14/202008/11/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

11:00 am

Plan fails to provide for Plantation Lakes CIA (Claim $3,130.05; Plan $3098).

Plan fails to provide for the IRS' secured claim (Claim $41,352.46; Plan $0).

Paragraph 10 of Plan #2 is incomplete as the Contract Rate of interest has not been provided on the Midland Mortgage's claim.

DAVID AARON VELASQUEZ

$665.00 WO

$383.66 20-30942

1 Reset 0.58 Mos 4/20/20$332.50

2/4/20

SOUTHWARD, ERICCONFIRMATION HEARINGMOTION TO DISMISS

FILED 3/17/2020, DOC. #20AMENDED MOTION TO DISMISS

FILED 4/30/2020, DOC. #42IRS claim #1 filed 2/25/2020 reflects Debtor has not filed a tax return for the year

2019. Trustee has received a copy of the tax return for the respective year showing a refund.

Trustee alleges Schedules I and J are inaccurate and fail to disclose Debtor's new employer and income. Further, Debtor failed to amend the Wage Order to reflect

same.

Tolled Bar Date: 5/25/2020.

Trustee requests the Confirmation/Dismissal Hearings be continued to 6/9/2020 @ 11:00 to allow the bar date to pass.

3 of 60

HAROLD B WILKINS JR

$4,990.00 No Pmt info

$8,620.00 20-30878

1 Reset 1.73 Mos 4/1/20

$6,350.002/3/20

STEWART, PAMELA L

CONFIRMATION HEARINGMOTION TO DISMISS

FILED 5/12/2020, DOC. #20Debtor is delinquent 1.72 payments through May 2020 totaling $8620.

Debtor filed a proposed Wage Order on 4/1/2020, doc. #19, which has not been signed; however, the plan payment amount does not match Plan #26 filed

4/27/2020.

Tolled Bar Date: 5/24/2020.

Trustee requests the Confirmation/Dismissal Hearings be continued to 6/9/2020 @ 11:00 to allow the bar date to pass.

3 of 32

Printed Tuesday, May 5, 2020 @ 3:31 pmHrg_List_Matter_Judge_EDUARDO V. RODRIGUEZ_all_5-2018 Page 22 of 28

Page 23: Pre and Post Conf Hearing Judge EDUARDO V. RODRIGUEZ ... 12T… · Plan Pmt Petition Dt Pmt Method Case Disposition Attorney 9:00 am ALESIA RACHELLE DORSEY $0.01 No Pmt info 20-30021

Pre and Post Conf HearingJudge EDUARDO V. RODRIGUEZ, Houston

William E. Heitkamp, TrusteeMay 12, 2020 11:00 am Highlighted = H Claims

Reset Dates:06/09/202007/14/202008/11/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

11:00 am

GEORGE J EDWARDS

$550.00EFT

$550.00 19-36053

1 Reset 1.00 Mos 5/5/20

$550.0010/31/19

TAHERIAN, NIMACONFIRMATION HEARINGMOTION TO DISMISS

FILED 3/5/2020, DOC. #24Debtor failed to provide a copy of his 2019 Tax Return to the Trustee.

Trustee alleges Schedule J is inaccurate as it fails to list the correct property tax expense.

Paragraph 10 of Plan #21 filed 2/5/2020 is incomplete as the Date Last Payment is Due and Contract Rate of Interest have not been provided on Sun FCU's claim.

Further, the monthly payment ($2252) listed does not match the mortgage payment listed on Schedule J ($2023).

Plan fails to provide for Sun Federal Credit Union's ongoing mortgage claim (Claim $375; Plan $350).

Plan fails to provide for Harris County's property tax claim (Claim $18,563.18; Plan $0).

Objection to Confirmation filed by Harris County on 4/6/2020, doc. #25, arguing the plan fails to provide for its claim and 12% interest rate.

Trustee does not recommend.

7 of 60

RAYMOND C and ALICIA B CHASE

$2,475.00 No Pmt info

$0.00 20-30255

0 Resets 0.00 Mos 4/10/20

$3,250.001/14/20

TAHERIAN, NIMACONFIRMATION HEARING MOTION TO DISMISS FILED 03/16/2020, DOC. #25

Debtors have failed to file a proposed wage order. Motion to Waive Pay Order filed 04/12/2020, doc. #34. Mr. Chase wishes to have his pay order requirements

waived because he believes his job would be in jeopardy.

IRS claim #29 filed 04/27/2020 shows an unfiled tax return for the year 2019 and reflects a priority claim amount of $2,482.80. Trustee has received a copy of the

return for the respective year. Plan #33 filed 04/11/2020 fails to provide any treatment for the IRS.

Plan fails to provide for secured claim #3 of TD Retail Card Services in paragraph 9, as this debt was purchased within one year of filing.

Trustee does not recommend confirmation.

4 of 60

Printed Tuesday, May 5, 2020 @ 3:31 pmHrg_List_Matter_Judge_EDUARDO V. RODRIGUEZ_all_5-2018 Page 23 of 28

Page 24: Pre and Post Conf Hearing Judge EDUARDO V. RODRIGUEZ ... 12T… · Plan Pmt Petition Dt Pmt Method Case Disposition Attorney 9:00 am ALESIA RACHELLE DORSEY $0.01 No Pmt info 20-30021

Pre and Post Conf HearingJudge EDUARDO V. RODRIGUEZ, Houston

William E. Heitkamp, TrusteeMay 12, 2020 11:00 am Highlighted = H Claims

Reset Dates:06/09/202007/14/202008/11/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

11:00 am

Paragraph 10 of the Plan is incorrect as Debtor has traded in the 2016 Kia Forte for a 2019 Kia Sorrento.

Plan avoids the lien of Kenneth K. Eichner P.C in Paragraph 15. Trustee has not received proof that the plan has been served per FRBP 7004 nor has a certificate of service been filed. Additionally, Trustee alleges treatment is improper as the

remaining value is not $0.00.

Case has been selected for audit by UST on 2/21/2020. Report has not yet been filed.

Objection to Confirmation filed by Kenneth D. Eichner on 04/13/2020, doc. #37. Creditor objects because Plan fails to provide for their secured claim.

JACQUELINE MAE TURNER$1,475.00

EFT

$7,325.00 19-33591

0 Resets 4.97 Mos 12/10/19$1,475.00

6/28/19

CORRAL TRAN SINGH LLP

POST-CONF. TRUSTEE’S MOTION TO DISMISS #47 FILED 3/17/2020 FOR NON-PAYMENT

No response filed by Debtor.

Debtor had been making payments via ePay, but no payments have posted since 12/10/19.

Trustee Recommends Dismissal

11 of 60

LYQUENTO RANDLE$3,305.00EFT WO

$1,267.32 20-30163

0 Resets 0.38 Mos 4/28/20$276.92

1/7/20

TRUEBA, PHILLIP HENRY

CONFIRMATION HEARINGMOTION TO DISMISS FILED 02/11/2020, DOC. #28.

Response to Trustee's Motion to Dismiss filed 03/05/2020, doc. #32.

Debtor has failed to provide proof of rental income.

Trustee alleges Debtor is double dipping on the ad valorem reserve as net income on Schedule J #43 matches plan payment.

IRS claim #5 filed 02/07/2020 reflects Debtor has not filed a tax return for the years 2018 and 2019. Trustee has received a copy of the tax return for the

respective years. Plan #43 filed 03/25/2020 fails to fully provide for the IRS priority claim (Claim: $6,702.49; Plan: $1,781).

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

Trustee recommends dismissal.

4 of 60

Printed Tuesday, May 5, 2020 @ 3:31 pmHrg_List_Matter_Judge_EDUARDO V. RODRIGUEZ_all_5-2018 Page 24 of 28

Page 25: Pre and Post Conf Hearing Judge EDUARDO V. RODRIGUEZ ... 12T… · Plan Pmt Petition Dt Pmt Method Case Disposition Attorney 9:00 am ALESIA RACHELLE DORSEY $0.01 No Pmt info 20-30021

Pre and Post Conf HearingJudge EDUARDO V. RODRIGUEZ, Houston

William E. Heitkamp, TrusteeMay 12, 2020 11:00 am Highlighted = H Claims

Reset Dates:06/09/202007/14/202008/11/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

11:00 am

property in their calculations and fails to show the correct positive bottom line.

RAFAEL ANTONIO FLORES$2,695.00EFT WO

$2,742.69 20-30167

0 Resets 1.02 Mos 4/30/20$272.77

1/8/20

VASQUEZ, REGINACONFIRMATION HEARINGMOTION TO DISMISS FILED 02/11/2020, DOC. #32

Debtor is delinquent 1.02 payments through April totaling $2,742.69 with May's payment being due on 02/07/2020.

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

according to plan.

Plan #43 filed 03/30/2020 does not provide for the notice of post-petition fee claim of US Bank Home Mortgage filed 3/18/20 at #41 in the amount of $200 for proof of

claim fees.

Trustee does not recommend confirmation.

4 of 60

LANA JEAN MILLER-BIAS

$1,000.00 WO

($769.24)20-30272

0 Resets -0.77 Mos 5/1/20

$461.541/16/20

VASQUEZ, REGINACONFIRMATION HEARINGPlan #34 filed 04/13/2020 works, paying 70.33% to general unsecured creditors.

Recommend confirmation of Plan #34 filed 04/13/2020.4 of 60

JIMMIE MOTEN, JR$300.00

EFT

$600.00 19-35069

5 Resets 2.00 Mos 2/10/20$300.00

9/8/19

VENABLE, DAVID LCONFIRMATION HEARINGMOTION TO DISMISS

FILED 11/12/2019, DOC. #24Debtor is delinquent two (2) payments through April 2020 totaling $600 and will be

delinquent three (3) payments on 5/8/2020 if payment is not received.

Debtor met with the Trustee's accountant, but failed to bring accurate Profit and Loss Statements. Debtor failed to schedule another appointment, and needs to

submit to an examination of requested financial records.

Plan #56 filed 3/3/2020 fails to comply with 1322(b)(10), as it provides interest on the IRS priority claim in Paragraph 6 without paying all allowed claims in full.

Debtor is proposing to pay Snap-On Credit directly for a claim with an excessive contractual interest rate of 18% at the expense of general unsecured creditors.

Recommend Dismissal.

8 of 60

Printed Tuesday, May 5, 2020 @ 3:31 pmHrg_List_Matter_Judge_EDUARDO V. RODRIGUEZ_all_5-2018 Page 25 of 28

Page 26: Pre and Post Conf Hearing Judge EDUARDO V. RODRIGUEZ ... 12T… · Plan Pmt Petition Dt Pmt Method Case Disposition Attorney 9:00 am ALESIA RACHELLE DORSEY $0.01 No Pmt info 20-30021

Pre and Post Conf HearingJudge EDUARDO V. RODRIGUEZ, Houston

William E. Heitkamp, TrusteeMay 12, 2020 11:00 am Highlighted = H Claims

Reset Dates:06/09/202007/14/202008/11/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

11:00 am

PATRICK D JONES$1,700.00

No Pmt info

$4,600.00 19-37102

1 Reset 2.71 Mos 5/5/20

$400.0012/31/19

WALKER & PATTERSON P C

CONFIRMATION HEARINGMOTION TO DISMISS

FILED 2/7/2020, DOC. #17Debtor is delinquent over 2.47 payments through April 2020 totaling $4200.

Debtor has failed to file a correct Wage Order. Proposed Wage Orders 15, 22 and 34 have been stricken per Court Order.

Debtor has failed to provide Trustee with proof of income to substantiate the income amounts listed on Schedule I and Debtor’s Official Form 122C.

Debtor's Official Form 122C filed at #24 is inaccurate as it fails to show Debtor as above median income with a positive bottom line pursuant to paycheck advices

filed with the Court.

Trustee alleges Schedule B is inaccurate as it fails to list a value for the Nissan Sentra the Debtor is paying direct.

Trustee alleges Schedule I is inaccurate as it fails to list Debtor's current gross income, which is currently understated.

Trustee alleges Schedule J is inaccurate as it fails to list self-employment taxes.

Plan #2 filed 12/31/2019 is not feasible. Both the Plan Summary and Schedule J show Debtor cannot afford his plan payments of $1700.

Plan #2 fails to list the correct ACP of 60 months. Debtor is AMI with a positive bottom line pursuant to the Trustee's calculation.

Plan #2 lists the DSO recipient in Paragraph #5 paying $0.

Plan #2 fails to list the complete principal residence address in Paragraph #8.

Plan #2 fails to provide for Specialized Loan Servicing's (SLS) correct ongoing mortgage claim (Claim $900.31; Plan $1537.59) and mortgage arrearage claim

(Claim $17,179.16; Plan $10,629.48).

Recommend Dismissal.

5 of 45

Printed Tuesday, May 5, 2020 @ 3:31 pmHrg_List_Matter_Judge_EDUARDO V. RODRIGUEZ_all_5-2018 Page 26 of 28

Page 27: Pre and Post Conf Hearing Judge EDUARDO V. RODRIGUEZ ... 12T… · Plan Pmt Petition Dt Pmt Method Case Disposition Attorney 9:00 am ALESIA RACHELLE DORSEY $0.01 No Pmt info 20-30021

Pre and Post Conf HearingJudge EDUARDO V. RODRIGUEZ, Houston

William E. Heitkamp, TrusteeMay 12, 2020 11:00 am Highlighted = H Claims

Reset Dates:06/09/202007/14/202008/11/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

11:00 am

Plan #2 fails to provide for Specialized Loan Servicing's Notice of Post-Petition Fees filed 3/4/2020 totaling $350.

Plan #2 shows Paragraph #10 as incomplete.

Debtor is proposing to pay Americredit direct for a claim with an excessive contractual interest rate of 11.45% at the expense of general unsecured creditors. Further, Americredit's claim shows an arrearage amount of $519.72. Trustee has

not received proof that Debtor is current with these direct payments.

Plan #2 is proposing to pay 100% to the general unsecured creditors; however, it does not.

Debtor failed to provide proof to substantiate the debt paid to Principle Management Group of Houston (HOA) through the plan.

Objection to Confirmation filed by Specialized Loan Servicing on 1/21/2020 regarding 5538 Violet Path Lane, arguing its claims are not provided for in the plan

and feasibility.

RICHARD THOMAS HOVER

$3,100.00 No Pmt info

$0.00 20-31223

0 Resets 0.00 Mos 4/28/20

$3,100.002/24/20

WESTON, PETE WCONFIRMATION HEARINGMOTION TO DISMISS

FILED 4/3/2020, DOC. #23Debtor failed to provide a copy of his 2019 Tax Return to the Trustee.

Trustee alleges Debtor's Official Form 122C is inaccurate as it fails to show the correct higher positive bottom line.

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

Plan #33 filed 4/26/2020 lowered the interest rate for both vehicles from 5.5% to 4.75%, which is a noticing issue.

Plan fails to provide for Pennymac Loans' ongoing mortgage claim (Claim

Trustee does not recommend.

3 of 60

Printed Tuesday, May 5, 2020 @ 3:31 pmHrg_List_Matter_Judge_EDUARDO V. RODRIGUEZ_all_5-2018 Page 27 of 28

Page 28: Pre and Post Conf Hearing Judge EDUARDO V. RODRIGUEZ ... 12T… · Plan Pmt Petition Dt Pmt Method Case Disposition Attorney 9:00 am ALESIA RACHELLE DORSEY $0.01 No Pmt info 20-30021

Pre and Post Conf HearingJudge EDUARDO V. RODRIGUEZ, Houston

William E. Heitkamp, TrusteeMay 12, 2020 11:00 am Highlighted = H Claims

Reset Dates:06/09/202007/14/202008/11/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

11:00 am

$2062.70; Plan $2,009.04) and mortgage arrearage claim (Claim $11,143.26; Plan $10,230.76).

NOBLE GRIFFITH GREENE, JR and

CARLA DONNESSA ROBINSON-GREEN

E$3,650.00

WO

$5,896.14 20-30869

1 Reset 1.62 Mos 4/23/20$842.31

2/3/20

WRZESINSKI, CLAYTON WILLIAM

CONFIRMATION HEARINGMOTION TO DISMISS

FILED 3/17/2020, DOC. #30Debtor is delinquent 1.6 payments through May 2020 totaling $5896.14.

IRS claim #2 filed 3/2/2020 reflects Debtor has not filed a tax return for the years 2017 and 2019. Trustee has received signed copies of the returns.

Debtor has failed to provide Trustee with proof of income to substantiate the income amounts listed on Schedule I and Debtor’s Official Form 122C.

Plan #2 filed on 2/3/2020 fails to provide for Texas Bay CU's 910-day claim (Claim $6136.87; Plan $6009).

Plan fails to provide for Cenlar's ongoing mortgage claim (Claim $2088.21; Plan $2317.39) and mortgage arrearage claim (Claim $23,175.79; Plan $19,000).

Objection to Confirmation filed by Cornerstone Home Lending, Inc. regarding 20718 Footstep Path, arguing the plan does not provide for their arrearage claim

and feasibility.

Tolled Bar Date: 5/23/2020.

Trustee requests Confirmation/Dismissal hearings be continued to 6/9/2020 @ 11:00 to allow the bar date to pass.

3 of 60

Printed Tuesday, May 5, 2020 @ 3:31 pmHrg_List_Matter_Judge_EDUARDO V. RODRIGUEZ_all_5-2018 Page 28 of 28