09-23072 Tina Marie Williams-Haney Judge: Robert D. Berger

Berger PM Docket
February 24, 2015, 1:30 p.m.
09-23072 Tina Marie Williams-Haney
Judge: Robert D. Berger
Christopher R. Coons
Motion for Dismissal for Other - $1060 to complete case
DQ = payoff @ $401/mo DP
Last pmt rec'd in Sept 2014
1/28 Objection: D to convert to chapter 7.
D still owes taxes - $425.31 to KDOR and $567.26 to IRS.
In month 65.
Berger PM Docket
February 24, 2015, 1:30 p.m.
09-23330 Justin Lee Carey and Jennifer Lynn Long
Judge: Robert D. Berger
Russell B. Cloon
Motion for Dismissal for Failure to Make Plan Payments
**to be w/drawn**
Berger PM Docket
February 24, 2015, 1:30 p.m.
09-23480 Herman Alexander Baptiste and Tricia Marie Baptiste
Judge: Robert D. Berger
Dana B Wilders
TTE's Motion for Determination of Final Cure and Mortgage Payment re:
Rule 3002.1 with FAY SERVICING, LLC
1. Ds filed petition on October 16, 2009. The plan was confirmed on December
17, 2009 and provided for the on-going post-petition payments to be paid inside
the plan on this 2nd mortgage to American Home Mortgage on the debtors;
residence located at 1358 South Brentwood Drive, Olathe, Kansas 66062.
2. According to the original claim filed January 31, 2010 on behalf of American
Home Mortgage the pre-petition arrearages were $0.00 and the Ds’ pmts were due
on the 1st of each month beginning Oct 2009 in the amount of $341.38.
3. During the course of the BK, there were no Notice of Mortgage Payment
Changes filed with the court.
4. On January 11, 2013 a Transfer of Claim (document #65) was filed by FAY
SERVICING, LLC taking over the loan.
6. Thus, over the course of the Chapter 13 bankruptcy the following shows what
SHOULD have been paid:
*October 1,2009-January 1, 2015 (64 at $341.38) $21,848.32
TOTAL AMT DUE: $21,848.32
TOTAL AMT PAID: $21,848.32
The TTE seeks an Order from this Court Determining the mortgage current
through JANUARY 1, 2015
Response not filed.
Berger PM Docket
February 24, 2015, 1:30 p.m.
09-23570 Darin Gene Howell and DeeAnn Howell
Judge: Robert D. Berger
Gary Mardian and Patrick Wiesner
Motion for Dismissal for Failure to Make Plan Payments
DQ = $4660 @ 1340/mo $560 EP & $780 DP [abated $5040 in June 2014]
Rec'd $560 in Nov 2013 - Aug 2014 (EP only)
Rec'd $780 in NFS in July
Rec'd $740 in Sept (EP only)
$560 in Oct thru Jan (EP only)
$280 in Feb
6/2/14 Objection: Admit default. Mtn to suspend and mtn to modify to be filed.
Waiting on full plan pmt. Only taxes left in case - roughly $3k. In month 64.
Cont from July, Sept and Dec for Ds to make full plan pmt. Ds not making
direct portion of plan pmt.
Berger PM Docket
February 24, 2015, 1:30 p.m.
10-20178 Margaret Ann McGilbray
Judge: Robert D. Berger
David A. Reed
Motion for Entry of Discharge
TTE's Objection: The Notice of Completion of Plan Payments was withdrawn on
January 29, 2015 as the case is not ready to proceed to closing at this time.
**1/29/15 TTE's office advised - United Treasury to amend POC to add $406.26
mistakenly omitted from POC when filed. Waiting for them to amend**
Berger PM Docket
February 24, 2015, 1:30 p.m.
10-20511 Wayne Lee Murren
Judge: Robert D. Berger
Russell B. Cloon
Order to Appear and Show Cause for failure to comply with the aforementioned Order of this Court. Party to Appear: Sears Holdings Corp
**cont to 3/17/15 by agreement of the parties**
CURRENT @ $88/mo EP
Rec'd $121.86 in Sept (EP)
$88.31 in Oct (EP)
$68 in Nov (EP)
$372.65 in Dec (EP)
$182.79 in Jan (EP)
$20.31 in Feb
Cont from Jan for DA to review documents.
2/17/15 Email from DA: Distinguished opposing counsel and I appear to have resolved the
issues in this matter, and to give us time to memorialize the agreement, we would ask the
Trustee's agreement to continue this to the March docket. Please contact me if you have any
questions.
Berger PM Docket
February 24, 2015, 1:30 p.m.
10-21212 Tremica LePriece King
Judge: Robert D. Berger
Jeannie M. Bobrink and Jeffrey A Koons and Jerome W Dubin
Motion for Dismissal for Failure to Make Plan Payments
**cont to 3/17/15 for tracking**
DQ = $1090 @ $230/mo EP (new EP)
Rec'd $130 in Jan (money order). Last pmt rec'd before that was $115 in
Sept. Approx 3 pmts made in 2014.
MTA filed - abating thru Dec. Obj due 1/13/15.Waiting on order and pmt.
2/18/15 Email from DA: I will upload order to Georgiann today -- can we continue to track a
payment?
Berger PM Docket
February 24, 2015, 1:30 p.m.
10-21244 James Buck Schweller and Nancy Lynn Schweller
Judge: Robert D. Berger
Sarah A. Sypher
Motion for Dismissal for Failure to Make Plan Payments - LOF
**cont to 3/17/15 for tracking**
DQ = $780 @ $570/mo DP
DQ over life of plan (Aug and Dec 2014)
LOF - Need $762/mo
2/3/14 Resp: Ds defaulted on their payments due to joint D requiring surgery and
resulting loss of income. Ds will cure the plan payment default or file a MTA
payments prior to the hearing on the Trustee’s motion.
2/17/15 Email from DA: MTD for Failure to Make PP – they want to cure the default without
an abatement. Wife is in ICU after surgery. Continue for payments or abatement (I will contact him
closer to the hearing and find out if they can cure the default).
Berger PM Docket
February 24, 2015, 1:30 p.m.
10-22078 Valorie J Dukat
Judge: Robert D. Berger
Camron L Hoorfar
Motion for Dismissal for Failure to Make Plan Payments - LOF
DQ = $11,257 @ $2645/mo DP (increased in Dec 2014)
D has a history of not remitting full plan pmt / Drop dead?
Rec'd $2300 on 10/28/14.
$1200 in Jan
$2145 in Feb
LOF - Need $2248/mo - consents (Now need $2645--D consents)
PTP w/ IBM Lender @ $1402.37/mo - DQ = $7271.31
8/29/14 Resp: Employment changed. New job. Consents to the increase.
Amended Motion for Suspend Plan Payments in the amount of $7,064.00 thru Oct. D to resume in full in November. Consents to increase. Obj due
12/16/14. Resumed in Jan/Feb. Waiting on order.
2/13/15 Email from DA: This email is in regards to Dukat, #10-22078.
Since you guys have
received payments from the Debtor, do you want to continue the case out once more for tracking?
2/17/15 Email to DA: Once you submit an order on the amended motion to suspend (doc #133),
we will apply the suspension amount ($7064) to the current delinquency amount ($11,257). The debtor
will be $4193 delinquent. Does the debtor plan to make up the pmts? Or will you be filing another
motion to abate?
2/17/15 Email from DA: I will get with the Debtor and see how she plans on taking care of the remaining
arrearage.
Berger PM Docket
February 24, 2015, 1:30 p.m.
10-22890 Deborah Warner
Judge: Robert D. Berger
Jeffrey A. Deines and Shane J. McCall
Motion for Dismissal for Other - Default
DQ = $1936.88 @ $400/mo DP (decreased from $1913.16 to $400 from Nov thru
Jan 2015--then increases again)
Rec'd $1500 in Oct
$1000 in Nov
$500 in Dec
$3800 in Jan
$500 in Feb
**Lots of taxes**
7/8/14 Resp: D to become current by the end of Sept 2014. D is an accountant, has
a large receivable that will net around $5k. In addition, to pay $500 per week until
August 2015.
Cont from Oct and Jan for D to receive $5k from client and pay over to TTE.
Berger PM Docket
February 24, 2015, 1:30 p.m.
10-23637 Betty Lou Mitchell
Judge: Robert D. Berger
David A. Reed
Motion to Reinstate Case based upon recent direct payment of $2,415.00
**Amended mtn filed 12/17/14**
DQ = $13,555.09 @ $2415/mo DP
Rec'd $2410 in Dec - NSF funds (12/23 check NSF). Last good pmt was
Aug 2014.
The above proceeding was dismissed, without prejudice, on November 24, 2014,
for a default in plan payments after her employer (unilaterally, and in a gesture of
unspeakable bureaucratic ineptitude) cancelled the wage order once it reached the
threshold of $99,999.99 in gross withholdings. D has since mailed a full direct
payment, and presumably her employer will honor a fresh wage deduction order.
TTE's objection: The Trustee does not specifically object to the reinstatement of
the case. However, due to the missed payments the plan payments must increase
to $2977.00 per month in order for the plan to complete in 63 months. If debtor
consents to the increase in plan payments, the Trustee will withdraw his objection
to the Motion to Reinstate the case. 12/23 check was NSF.
Cont from Jan for good funds and a feasible plan. It appears that the D cannot
afford the pmts of $2977/mo.
2/15/15 Email from DA: Client's case was dismissed, but not yet closed.
She owes DQ of
$13,555.08. She brought cashier's check for $5,000.00, which we mailed to TTE last week. We filed
Motion to Reinstate. Client has only eight months left in her plan duration. It may be possible for her to
pay another large amount. How much of a lump sum payment should she pay in order to keep her
monthly payment at $2,415.00 for the next eight months?
Berger PM Docket
February 24, 2015, 1:30 p.m.
2/18/15 Email to DA: If I take into consideration the $5000.00 cashier’s check that is in the mail,
Betty Mitchell would need to remit a lump sum payment of $8500.00 (in addition to her regular monthly
plan payment) to keep her plan payments at $2415.00 per month for the next 9 months.
Berger PM Docket
February 24, 2015, 1:30 p.m.
11-20802 Maria Silvia Miramontes (deceased)
Judge: Robert D. Berger
Tracy L. Robinson
Motion for Dismissal for Failure to Make Plan Payments
DQ = $6841.40 @ $1635/mo ($970 EP and $665 DP)
Last pmt rec'd Sept 2014
12/2 Resp: D passed away and family meeting w/ DA to discuss options.
12/10/14 Email from DA offc: 1st Setting - Would like to give the family more time to decide
how they want to proceed.
1/6/15 Email from DA offc: 2nd Setting - Debtor's family (daughter and husband) are trying to
work out a loan modification on the residential property but we're having trouble getting Nationstar to
accept consent to speak with them. South and Associates has been notified so they're reminding
Nationstar of the circumstances. Requesting one more continuance.
Berger PM Docket
February 24, 2015, 1:30 p.m.
11-21307 Jose De Jesus Hernandez-Magallanes and Rosalinda Martinez Sanchez
Judge: Robert D. Berger
Jason C Amerine
Motion for Dismissal for Failure to Make Plan Payments
DQ = $3915.33 @ $1150/mo EP (new EP @ $1550/mo in Jan 2015)
Rec'd $1149.99 in Jan (EP and ePay) and $775 in Feb (ePay only). Last pmt
rec'd before that was Aug 2014. Is D still working? Appears D is also behind on
post-petition child support--what is the status?
MTA filed - abating $4290.32. Will resume in Jan. Increases plan pmt to
$1550/mo in Jan 2015. Obj due 1/20/15. Waiting on order.
Berger PM Docket
February 24, 2015, 1:30 p.m.
11-21308 John Paul Williams
Judge: Robert D. Berger
Steven R. Rebein
Motion for Relief from Stay 14088 W 130th Pl Olathe KS 66062. Filed on
behalf of Creditor U.S. Bank - current w/ TTE @ $1843/mo EP
D's are 5 payments @ $2,046.86, $850 MFR atty fees, $176 MFR atty costs,
suspense balance ($1,053.14) $10,207.16 total arrears.
12/17 Resp: Will attempt to bring the loan current prior to the hearing.
Cont from Jan by agreement of the parties.
Berger PM Docket
February 24, 2015, 1:30 p.m.
11-21377 Curt Thomas Bigge and Rebecca Ellen Bigge
Judge: Robert D. Berger
Tracy L. Robinson
Motion for Dismissal for Failure to Make Plan Payments
**cont to 5/12/15 for tracking**
DQ = $642.86 @ $385/mo EP (new EP)
Rec'd $600 in Nov (money order)
$533.07 in Dec (EP)
$355.38 in Jan
$177.69 in Feb
11/3 Resp: Ds will remit regular monthly pmt of $385/mo plus an additional
$215/mo starting in Nov and continuing until current ($600/mo).
Cont from Nov and Jan for pmts.
Berger PM Docket
February 24, 2015, 1:30 p.m.
11-22144 Earle Cline Smith and Kaye Marie Smith
Judge: Robert D. Berger
Jeannie M. Bobrink and Jeffrey A Koons
Motion for Dismissal for Other - Current w/ TTE @ $1693/mo
**cont to 3/17/15 for tracking / pay off**
The Ds' Plan will exceed the allotted five year limitation from confirmation. The
TTE calculates that the payment will need to increase to $3995.00 per month in
order for the Plan to complete within the five year limitation.
The plan should become a 100% plan due to excess disposable income as
evidenced in debtors' 2012 and 2013 income tax returns.
FYI - Ds income increased by $76k/year over the last two years.
Asked DA for amended budget/plan on 5/13/14. Advised that if not done, would
request bank statements.
Requested bank statements from Jan 2013 thru Sept 2014 on 10/3/14.
10/29/14 Payoff letter to DA: $106,050 good thru 11/15/14 as a 100% plan.
10/30/14 Email from DA: I got a response voicemail on the request for bank
statements. The Smiths are in Florida with grandkids so it will be awhile before I
can provide same. She suggested, and I was wondering, if she borrows from 401k
to pay it off would that be acceptable. I am looking at the proof of claims to see if
I can object to same -- Jeff did nothing -- and if she can lump sum after January we
may be able to resolve this whole issue. She did send me her paystubs -- which
show a decrease in pay -- do you want me to scan and send those for now?
11/3/14 Email to DA after discussing w/ Andrea: We do not have an objection to
the debtor borrowing from her 401k to pay off the plan. You will just need to file
Berger PM Docket
February 24, 2015, 1:30 p.m.
the appropriate motion. Please send over her current paystubs and send the bank
statements over whenever you receive them. Thank you/klf
1/7/15 Email from DA: she wants to payoff but I ran the claims Koons should have objected no
docs on major ones -- can I have one more continuance as I will file the objections to claims to reduce
the amount of payoff?
Obj to claim #4 filed 2/515. Obj due 3/3/15.
2/17/15 Email from DA: The wife wants this to go away and is willing to cash in the 401k to pay it
off. I objected to Portfolio but looking at the claims AMEX has me scared and I can't object because
Koons listed that dollar amount on his schedules.
Can you tell me the payoff on this case? and if they can pay it off -- she made approx. $127,000 last year
-- less than projected -- can they send a certified check.
2/18/15 Email to DA: If the objection to PRA's claim is sustained, the payoff would be $85,777.49.
Berger PM Docket
February 24, 2015, 1:30 p.m.
11-22683 Jason Eugene Fugate
Judge: Robert D. Berger
Steven A. Stockard
Motion for Dismissal for Failure to Make Plan Payments
**cont to 3/17/15 for tracking**
DQ = $325 @ $325/mo EP [Abated $1300 in Dec 2014]
Last pmt rec'd in Sept
Per Order on MTA, resume in Jan or case dismissed.
2-9-15 EMAIL DA WITH FYI THAT D DID NOT RESUME PLAN PYMTS IN JAN AND THAT A
DISM ORDER COULD BE UPLOADED THIS WEEK. KA
2-10-15 Email to CC: Please do not upload order of dismissal on this case yet. Phone call from DA ofc
– she says guy is all confused – he will send money immediately – and she is going to try to get IRS and
KDOR to withdraw claims as she has tax transcript which says guy doesn’t owe anything for 2009.
Anyway, let’s give DA some time to work….. Thanks. KA
2-17-15 EM FROM DA OFC THAT D IS MAILING PLAN PYMT 2-16-15. KA
Berger PM Docket
February 24, 2015, 1:30 p.m.
11-23093 Karen Kay Ashcraft
Judge: Robert D. Berger
Joani W. Harshman
Motion for Dismissal for Failure to Make Plan Payments - LOF
DQ = $9665 @ $1615/mo DP
Rec'd $1655in Jan. Last pmt rec'd before that was $800 in Oct 2014.
LOF - Need $1764/mo
PTP - BOA @ $1151.66/mo - DQ = $10,068.56
9/17/14 Resp: D intends to make addl pmts as soon as possible.
10/15/14 Email from DA: I have the following case on the docket for Tuesday afternoon the 21st:
Debtor is not receiving her child support and experiencing several hardships. Can we continue as far out
as possible? She may be getting a year end bonus that would help catch her up.
1/8/15 Email from DA: I have 11-23093 Karen Ashcraft on the docket and can't get ahold of her in
last couple days.
2/18/15 Email from DA: I still cannot get a hold of my client, we've left numerous messages and
sent letters with no response. How would your office like to treat this, I know it's been continued
2/19/15 It sounds like the case needs to be dismissed--maybe that will get her attention.
Berger PM Docket
February 24, 2015, 1:30 p.m.
11-23250 Charles Wade Brown and Lindsey Ann Brown
Judge: Robert D. Berger
Karen S Maxcy
Motion for Dismissal for Failure to Make Plan Payments & Failure to stay
current on home mortgage.
**cont to 3/17/15 for tracking**
DQ = pay off of $250 @ $160/mo DP
Rec'd $160 in Oct
$0 in Nov
$320 in Dec
5/6/14 Response: Unexpected expenses and decreased income. In process of
modifying mortgage.
1/8/15 Email from DA offc: These folks thought their payment in December paid off the
case. Unfortunately they need to send in another $250 to pay off the case. We will call them
today and ask them to do so. Could we continue again?
2/19/15 Email from DA offc: It looks like they only owe about $350.00 to complete the plan.
May we get a short continuance to remind them to send that in? He has had open heart surgery and it
appears they have overlooked it.
**paying attorney fees left in case**
Berger PM Docket
February 24, 2015, 1:30 p.m.
11-23419 Terrence Jerome Flowers and Adrienne LeDonn Flowers
Judge: Robert D. Berger
Tracy L. Robinson
Motion for Dismissal for Failure to Make Plan Payments
** w/drawn 2/19/15**
Berger PM Docket
February 24, 2015, 1:30 p.m.
11-23478 Ronald Craig Roberts and Kathy Parker Roberts
Judge: Robert D. Berger
Richard C. Wallace
Motion for Dismissal for Other - LOF
**w/drawn 2/19/15**
Motion for Post-Confirmation Amendment of Plan - Okay to confirm.
Proposes to refinance or sell their primary residence prior to the conclusion of their
chpt 13 plan to pay off balance of priority, administrative, secured and spcl class
creditors.
**seeks to keep the payments at $5,240 for 59 mths and then in last month will
either refinance or sell their residence.
No objection as long as Ds do not incur addl tax debt. Proof of tax pmt provided-okay to confirm.
Berger PM Docket
February 24, 2015, 1:30 p.m.
11-23607 Timothy Wade James and LaRae Carol James
Judge: Robert D. Berger
Russell B. Cloon
Motion to Modify Plan Payment (Increasing Plan Payments)
Mtn to modify the plan to pay o/g mtg pmts and mortgage arrears thru the plan.
Residence is secured by mortgage with Federal National Mortgage Ass'n. When
case was filed, Ds were current on mtg pmts. After filing bckcy, BOA transferred
note to National Mortgage Ass'n c/o Seterus. Ds have been working with Seterus to
secure a modification of the mortgage loan but have been unsuccessful. During
modification process Ds were advised not to make their mortgage pmts, that once
the modification was completed, Ds would only need to make their o/g mortgage
pmts. The modification was denied and Ds have accumulated arrears that they do
not have the ability to bring current.
Ds seek to modify the plan to add the mortgage arrears to be paid thru the plan and
to comply with the S.O. D should pay mortgage arrears due and owing thru
1/1/15. Arrearage shall be determined by an amended poc to be filed by the lender.
On-going mtg pmts to be paid thru the plan commencing with the 2/1/15 pmt.
TTE's objection: Ds have filed a motion to modify the plan to pay post-petition
mortgage arrears and ongoing monthly mortgage payments through their Chapter
13 plan. The Trustee is unable to calculate the feasibility of the plan based upon
the motion to modify, as the motion does not provide an estimated amount of
the post petition arrears, the amount of the monthly mortgage payments and
does not propose a specific increase in the plan payments. Additionally, in
order to comply with the Standing Order, debtors must propose to pay the plan
payment via income withholding order or receive court permission to deviate from
the Standing Order.
Note: EP in place.
1/9/15 Email from DA: This is on docket Tuesday on the plan modification to 'convert' it to
a pay-through-plan due to post-petition mortgage arrears. Your office filed an objection based
Berger PM Docket
February 24, 2015, 1:30 p.m.
on lack of information. I met with the debtors yesterday, and attached please find Exhibits A
and B, which should provide the mortgage portion of the needed info. We were going to also
do a new I and J, but the joint debtor advised me she lost one of her two jobs, and that her
mother is moving in for numerous reasons, but the relevant one is that she will be able to help
with contributing to household expenses. Bottom line is that I will be asking the Court to
continue it for a month for me to finish getting paystubs and the rest of the income/expense
info. It is my hope that, once that is submitted, it will cure the issue in the objection. Please
contact me if you have any questions.
Note: DA filed mtn to w/draw as attorney on 2/19/15. Breakdown in relationship.
Set for hearing 4/21/15.
Berger PM Docket
February 24, 2015, 1:30 p.m.
11-23710 Toddrea Renee Franklin
Judge: Robert D. Berger
Jeannie M. Bobrink and Jeffrey A Koons
Motion for Dismissal for Failure to Make Plan Payments
**cont to 4/21/15 for tracking**
DQ = $564.60 @ $350/mo DP [Abated $2024.92 on 11/13/14]
DQ over last several months. Rec'd $1015.40 in Dec. Last time full plan pmt
before that was March 2014. Nothing in Jan. Would like to see another pmt.
Rec'd $1015.40 from EP in Dec and then rec'd letter on 11/13/14 that D
no longer employed @ Henry Wurst. Is D working?
8/7/14 Resp: Counsel has just entered her appearance on this matter and will be
contacting the tte to resolve these issues. Counsel is meeting with client to discuss
same as well.
1/7/15 Email from DA: waiting to hear about new employer -- can we set over so I can get the
info or is this ready to go?
2/18/15 Email from DA: no employer she is doing "catering" for the moment out of her house
2/18/15 Email to DA: When does she plan to send in another pmt?
2/18/15 Email from DA: On Franklin she will have another payment the end of the month she is looking
at a Freight company in Overland Park. Will keep you updated.
Berger PM Docket
February 24, 2015, 1:30 p.m.
12-20040 Herbert R Brown, Jr.
Judge: Robert D. Berger
Patrick Wiesner
Motion for Dismissal for Failure to Make Plan Payments
DQ = $2000 @ $2000/mo EP - want drop dead language
Abated $25,590 in April 2014
Rec'd $4000 in May 2014 (employer)
$6000 in Sept 2014 (employer)
$6000 in Jan 2015 (employer)
1/19/15 Resp: D’s plan payments are made through employer wage order. D’s
employer deducted $2,000 from his paychecks in both Oct 2014 and Dec 2014, but
did not remit the money to the TTE.
D did not earn any wages in November 2014.
D’s employer will remit a payment of $2,000.00 in January 2015, and will remit
$4,000.00 for the missed payments in October and December of 2014.
In addition to the employer payment of $2,000.00, D will make a direct payment of
$2,000.00 on approximately February 15, 2015, to make up for the missed
November payment.
1/29/15 PLAN PYMTS ARE SUPPD TO BE FRM EMPLYR, HOWEVER,
PYMTS ARE VERY SPORADIC. D WAS ALLWD AN ABATEMENT OF
$25,590 IN APRIL OF 2014 FOR PRIOR MISSED PYMTS. APPEARS D'S
PYMTS GET BEHIND, WE FILE A MTD, THEN HE BRINGS CURRENT OR
ABATES----HAS HAPPENED MULTIPLE TIMES. IF CASE GOES TO
HEARING AND IF JUDGE DENIES OUR MTD, SEE IF HE WILL REQUIRE
Berger PM Docket
February 24, 2015, 1:30 p.m.
AN ORDER WITH DROP DEAD LANGUAGE THAT THE PLAN PYMTS
ARE DUE BY THE 30TH DAY OF EACH MTH OR THE CASE MAY BE
DISMD AT THE T'S DISCRETION AND THEN ADVISE THE D.A. & DBTR
THAT IT WILL BE THE D'S RESPONSIBILITY TO MAKE SURE THE
EMPLYR REMITS THE PYMT TO THE TTEE EACH MTH. DBTR CAN CK
WEBSITE OR CALL OUR OFFICE. GEO
Berger PM Docket
February 24, 2015, 1:30 p.m.
12-20109 Stephen Kingsley Page and Marilyn Louise Page
Judge: Robert D. Berger
Dana B Wilders and Erlene W Krigel
Notice of Mortgage Payment Change (Claim # 10) Filed by Creditor Deutsche
Bank National Trust Company, as Trustee for New Century Home Equity
Loan Trust
9/18/14 Objection:
1. On August 27, 2014, Mortgagee Ocwen Loan Servicing, LLC, filed a Notice of
Mortgage Payment Change (hereinafter, “Notice”) for Claim 10.
2. The Notice indicates that the new total payment is to be $1,389.19, effective
October 1, 2014. Further, the Notice indicates that there is no change in the
debtors’ escrow account payment or the debtors’ principal and interest payment
due to an adjustment of the interest rate.
3. The Notice states that the current mortgage payment is $1,389.19, and that the
new mortgage payment will remain the same.
4. Ds’ current mortgage payment is $1,172.94, pursuant to the Amended Proof of
Claim filed by Ocwen Loan Servicing, LLC, on January 3, 2014.
5. Debtors wish to note that Ocwen Loan Servicing failed to file a Proof of Claim
in this case for almost two years, despite the Court issuing an order compelling
them to do so.
6. The Notice gives no explanation for the change in the mortgage payment
amount. The letter attached to the Notice, and the Notice of Mortgage Payment
Change Questionnaire similarly gives no explanation for the mortgage payment
change, and shows no change in the interest rate or escrow amounts.
7. The undersigned contacted counsel for Ocwen Loan Servicing, LLC on
September 10, 2014 and again on September 18, 2014 to ask for documentation
supporting the mortgage payment change, or to withdraw the Notice, and counsel
Berger PM Docket
February 24, 2015, 1:30 p.m.
for Ocwen Loan Servicing, LLC has not provided any information supporting the
Notice.
8. Debtors object to the Mortgagee’s Notice of Mortgage Payment Change and ask
that the Court disallow the Notice of Mortgage Payment Change.
Berger PM Docket
February 24, 2015, 1:30 p.m.
12-20426 Sarah McPherson Wall
Judge: Robert D. Berger
Jeannie M. Bobrink and Jeffrey A Koons
Motion for Dismissal for Failure to Make Plan Payments
**cont to 3/17/15 for tracking**
DQ = $700 @ $100/mo DP
Last $0 in June & July
$250 in Aug
$0 Sept - Jan
11/11/14 Resp: D checking records, she thought she was current after the last mtd.
D may abate pmts.
1/7/15 Email from DA: I have heard nothing seen no proof of payments.
suspend/abate if so how much and can we continue so I can file?
Will do. There is room to abate the delinquency.
2/18/15 Email from DA: I will file a motion to abate today for $700
Is there room to
Berger PM Docket
February 24, 2015, 1:30 p.m.
12-20787 Dennis Joe Cotton
Judge: Robert D. Berger
Sarah A. Sypher
Motion for Dismissal for Failure to Make Plan Payments
**okay to dismiss**
DQ = $2250 @ $600/mo DP
Rec'd $0 May - July
$600 in Aug
$800 in Sept - Nov
$150 in Dec
$0 in Jan
9/23/14 Resp: DQ due to change in employment. D intends to pay $200/mo until
current.
Cont from Dec for tracking.
2/17/15 Email from DA: MTD for Failure to Make PP – ok to dismiss.
Refiling.
Berger PM Docket
February 24, 2015, 1:30 p.m.
12-21234 William Michael Kalebaugh and Hollie Lynn Kalebaugh
Judge: Robert D. Berger
Hilliard L Moore
Motion to Borrow $26,500.00 from Unknown Car Loan Lender
Substantially current @ $339/mo EP
D's 11 Ford Focus displaying mechanical & functional problems. H required to
drive extensively for his job. Believes repair costs are prohibitive given MV value.
Proposes to borrow not more than $26,500 to purchase replacement MV at interest
rate not to exceed 17%. Can afford this debt b/c H's income has increased since
filing. Plan current via e/p.
TTE's response: The Trustee objects to the amount debtors are seeking permission
to borrow. Any amount over $17,500 should be ruled on by the Court. In this
instance, debtors are seeking to borrow $26,500.
Berger PM Docket
February 24, 2015, 1:30 p.m.
12-21237 Gregory W Steele
Judge: Robert D. Berger
Coleman R. Ellis and J. Aaron Cook
Motion for Dismissal for Failure to Make Plan Payments
**cont to 3/17/15 for tracking**
DQ = $2900 @ $1040/mo DP
DQ over last couple of months.
MTA filed. Abating thru Jan. D has prostate cancer and radiation complications.
Obj due 3/3/15.
Berger PM Docket
February 24, 2015, 1:30 p.m.
12-21374 Joe Napoleon Willmon and Anne Elizabeth Casey
Judge: Robert D. Berger
Christopher R. Coons
Motion for Dismissal for Failure to Make Plan Payments
**to be w/drawn**
Berger PM Docket
February 24, 2015, 1:30 p.m.
12-21389 Jefferies Allen Lewis
Judge: Robert D. Berger
Jason C Amerine
Motion for Dismissal for Failure to Make Plan Payments - LOF
DQ = $4076 @ $2219/mo DP
DQ over life of plan. Rec'd $2219 on 2/9/15.
LOF - Need $2257/mo
PTP - Citi @ $1259.93/mo - DQ $2039.15
12/22 Resp: D made pmt of $2000 on 12/8/14. D will pay DQ and his January pmt
by 1/31/15.
Cont from Jan for tracking.
Berger PM Docket
February 24, 2015, 1:30 p.m.
12-21661 Maurice Bryan Williams, Sr. and Teresa Yolanda Williams
Judge: Robert D. Berger
Coleman R. Ellis and J. Aaron Cook
Motion for Dismissal for Failure to Make Plan Payments
**cont to 3/17/15 for tracking**
DQ = $2125 @ $850/mo DP
DQ over life of plan
MTA filed. Abating thru Jan. Obj due 3/3/15.
Berger PM Docket
February 24, 2015, 1:30 p.m.
12-21910 Randall W Ney and Robin M Ney
Judge: Robert D. Berger
Patrick Wiesner
Motion for Dismissal for Failure to Make Plan Payments
**to be w/drawn**
Berger PM Docket
February 24, 2015, 1:30 p.m.
12-22145 Vanessa D Roberts
Judge: Robert D. Berger
David A. Reed
Motion for Dismissal for Failure to Make Plan Payments - LOF
**cont mtd to 3/17/15 for deadline to run on mtn to amend**
DQ = $3046 @ $1000 in Sept
$0 in Oct - ePay was NSF
$0 in Nov and Dec
$300 in Jan
LOF - Need $591/mo - Mtn to Modify filed. Reducing interest rate.
9/18/14 Resp: D mailed two $500 money orders on 9/12/14.
Motion for Relief from Stay regarding a 2006 Chevrolet Equinox Filed on
behalf of Creditor JPMorgan Chase Bank
Debtor has defaulted in plan payments to Tte and therefore is in default to Chase
on 2006 Chevy Equinox. Claim is not being paid & creditor is not adequately
protected.
Resp: Debtor has just mailed a pymt of $300 and expects to pay another $250
before the end of the month. Debtor works for Dillon's in Leavenworth. Debtor
hopes to acquire add'l funds of at least $1500 when she files her 2014 income tax
returns.
Berger PM Docket
February 24, 2015, 1:30 p.m.
12-22273 Jacqulyn Sue Hanna
Judge: Robert D. Berger
Hilliard L Moore
Motion for Dismissal for Failure to Make Plan Payments - LOF
DQ = $3080 @ $440/mo DP
Last pmt rec'd was July 2014
LOF - Need $492/mo
11/11 Resp: MTA to be filed and will meet w/ counsel.
12/10/14 Email from DA offc: Can you / will you agree to continue Jackie Hanna 12-22273 to
the Feb. docket to give her time to get tax refund so she can convert to Ch 7? It would be greatly
appreciated.
2/19/15 Email from DA: if no payments have come in by the hearing, let it go.
Berger PM Docket
February 24, 2015, 1:30 p.m.
12-22582 Stephen Patrick Powers and Barbara Jean Powers
Judge: Robert D. Berger
Karen S Maxcy
Motion for Dismissal for Failure to Make Plan Payments
**cont to 3/17/15 for tracking**
DQ = $9688 @ $2207/mo DP
Rec'd partial pmts Sept - Jan ($200-$330/mo)
MTA filed - abating thru Dec 2014. Obj due 12/25/14. Looks like Ds will amend to
surrender home and file an amended budget.
Cont from Dec for amended plan and budget. Nothing filed. Still waiting on
order for MTA (obj were due 12/25/14)
2/19/15 Email from DA offc: The Powers are going back and forth about keeping their home.
Karen has asked if we may please have a short continuance so she can set an appointment with them to
resolve that issue once and for all. She also wanted me to address the issue of an overdue order. We
will get that out no later than tomorrow.
Berger PM Docket
February 24, 2015, 1:30 p.m.
12-22744 Raymond Eugene Asher
Judge: Robert D. Berger
Sarah A. Sypher
Motion for Dismissal for Failure to Make Plan Payments
**cont to 3/17/15 for pmt**
DQ = $1443 @ $1443/mo DP (abated thru Nov 2014 - $4700)
Rec'd $0 Sept - Nov
Rec'd $1600 in Dec (Ntc from bank - Dec check returned - account closed)
$1443 in Jan. TTE would like to see another pmt before w/drawing mtd.
12/29 p/c from D that making Dec pmt on 1/1/15. Note - language in mta order that
if not resume by 12/31/14, case can be dismissed. Will give D a couple days.
1/9/15 - TTE will hold $1443 plan pmt for Dec from insurance proceeds - Ford
Ranger.
Berger PM Docket
February 24, 2015, 1:30 p.m.
12-22870 Deborah Kay Jones
Judge: Robert D. Berger
Jason A. Norbury
Motion for Dismissal for Failure to Make Plan Payments - LOF
**cont to 3/17/15 for tracking**
DQ = $5500 @ $2500/mo DP (consent to increase of $2572 in Feb)
DQ over life of plan
LOF - Need $2572 - consents
1/30/15 Resp: Agree to increase. Will be current or filed MTA in next 21 days.
Berger PM Docket
February 24, 2015, 1:30 p.m.
12-22945 Kirsten Marie Weide
Judge: Robert D. Berger
Malissa L Walden
Motion for Dismissal for Failure to Make Plan Payments
**cont to 3/17/15 for tracking**
DQ = $665 @ $665/mo DP
DQ accrued over last couple of months.
$665 ePay on 2/19/15 - need pmt to clear.
MTA filed - abating thru Jan 2015 . Obj due 1/5/15. Not resume by 1/31/15 - case
can be dismissed.
2/16/17 Email from DA: Client stated she misunderstood and thought payment was due
this month. Is there anything that she can do (ie make payment) or is case dismissed?
2/17/15 D to make a pmt via ePay today. Email to Cece to hold off on the uploading the order
on the mtd./klf
Berger PM Docket
February 24, 2015, 1:30 p.m.
12-22983 Paul John Demo, Jr. and Jeanette Marie Demo
Judge: Robert D. Berger
W Brett Chapin
Motion for Dismissal for Failure to Make Plan Payments - LOF
DQ = $6363 @ $2202/mo DP
Rec'd $2445 on 2/17/15. Last pmt rec'd was Sept 2014. Abated $21,550
in Aug 2014. Ds made one pmt in 2014.
LOF - Need $2445/mo
1/23/15 Resp: D have funds to make required pmt.
Per 2/10/15 phone call, pmt of $2245 on way. What about the rest of the DQ?
TTE wants drop dead provision.
**lots of taxes**
Berger PM Docket
February 24, 2015, 1:30 p.m.
12-22991 Edward Charles Grayson
Judge: Robert D. Berger
Jason C Amerine
Motion for Dismissal for Failure to Make Plan Payments
DQ = $575 @ $575/mo DP [Abated $3350 in Dec]
Last pmt rec'd was June 2014
Need pmts.
Paying 3 cars ($1525, $4311, $2246) / household goods ($251)
11/12 Resp: MTA filed.
2/16/15 Email from DA offc: We spoke to him on 1/26 and he stated that he was going back to
work in February and would be caught up on all payments by the end of March. Can we hang on a bit
and see if he follows through? Thanks!
2/17/15 Email to DA offc: We have not received a payment from the debtor several months since last June. I am going to leave this case on the docket due to the poor payment history.
Berger PM Docket
February 24, 2015, 1:30 p.m.
12-23123 Quidreeah Jean Stout
Judge: Robert D. Berger
David A. Reed
Motion for Dismissal for Failure to Make Plan Payments - LOF
**cont to 3/17/15 for tracking**
DQ = $1255.06 @ $443/mo EP (new EP)
DQ over last several months.
LOF - Need $520/mo
1/29 Resp: Requesting new wage order. MTA to be filed. Does not address LOF.
MTA thru Jan filed. Obj due 2/19/15. Does not address LOF.
2/12/15 Email to DA inquiring about LOF / consent to increase.
Berger PM Docket
February 24, 2015, 1:30 p.m.
12-23127 Joseph William Hinton and Faith Annette Hinton
Judge: Robert D. Berger
Patrick E. Henderson
Motion to Reinstate Case
DQ = $1342.12 @ $250/mo DP
Ds fell behind in payments after missing work due to a temporary layoff. D, Joseph
William Hinton, has now found new and stable employment and is now able to
make the plan payments.
Ds request that the Court abate all missed plan payments to the trustee through
February 1, 2015, when monthly plan payments of $250.00 will recommence.
No objection. Need Ds to make a plan pmt. New employer wage order?
Berger PM Docket
February 24, 2015, 1:30 p.m.
12-23166 Robert Daniel Munoz and Rose Marie Munoz
Judge: Robert D. Berger
Jay T. Grodsky
Motion for Dismissal for Failure to Make Plan Payments - Accrued post
petition taxes (owe $14,789 to IRS and gambling income of $2798)
DQ = $10,500 @ $3500/mo DP
DQ over last couple of months
Need drop dead or IWO due to history. What is the status of the post petition
tax debt?
11/14/14 Resp: Ds already sent to the trustee a payment to reduce the amount as set
out in the Trustee’s MTD. Ds will be filing a MTA the remaining default, and plan
to file along with that amended schedules and a motion to reduce plan payments.
Lots of tax debt in case ($90k+).
Motion for abatement of two plan payments - decrease in income from
insurance biz.
TTE's objection: Want drop dead due date or wage w/holding order.
2/19/15: P/C FROM DA ~HE AGREES THIS CASE IS NOT GOING WELL. D SAYS HE IS GOING TO HAVE $
IN BEFORE THE HEARING DATE. DA THINKS IT WILL BE GOOD FOR THIS TO GO BEFORE THE JUDGE SO A
HIGHER POWER TELLS D THAT THERE WILL BE A DROP DEAD DUE DATE BASED ON THE HISTORY OF HIS
PAST PAYMENTS. D DID NOT WANT TO GO THRU THE EFFORT OF DOC PRODUCTION TO CAUSE THE
PAYMENT TO BE LOWERED AND NOT 100% PLAN. DA FEELS HONESTLY IT SHOULD STAY A 100% PLAN.
THAT IS WHY THAT MTN WAS W/D.
DA SAYS THAT D TYPICALLY FILES AN EXT BUT W/ HISTORY OF CASE THERE IS PROB TAX DEBT TO BE
OWED THAT WILL INCREASE THE PAYMENT IF BROUGHT INTO THE PLAN. THIS WOULD BE GOOD TO BE
ADDRESSED BEFORE THE JUDGE AS WELL. DA FEELS IF D HEARS FROM JUDGE THAT HE NEEDS TO GET
THIS CASE IN ORDER IT WILL BE BEST.
Berger PM Docket
February 24, 2015, 1:30 p.m.
12-23251 Joan Elizabeth Gibbons
Judge: Robert D. Berger
Hilliard L Moore
Motion for Dismissal for Failure to Make Plan Payments
**cont to 3/17/15 for tracking**
DQ = $320 @ $80/mo DP
Last pmt rec'd was Sept 2014
1/23 Resp: Debtor will agree to make 2 monthly payments on February 11th and
March 11th, make regular payments going forward and abate missed payments.
Berger PM Docket
February 24, 2015, 1:30 p.m.
12-23427 Grant Douglas Stewart
Judge: Robert D. Berger
Russell B. Cloon
Motion for Dismissal for Failure to Make Plan Payments
DQ = $672 @ $672/mo EP (not paying) [Abated $3514.92 in Dec]
Last pmt rec'd was Sept 2014
MTA filed - abating thru Dec 2014. Obj due 11/25/14. Resume by 1/31/15 or case
dismissed.
2/5/15 Email from DA offc: Russ would like to know if you can delay the dismissal of the above
referenced case, he was hoping we could move it to 2/24/2015, please advise.
Agreed to wait until 2/24/15
Berger PM Docket
February 24, 2015, 1:30 p.m.
13-20098 Clay Cullins Pittman
Judge: Robert D. Berger
Hilliard L Moore
Motion for Dismissal for Failure to Make Plan Payments
**cont to 3/17/15 for tracking**
DQ = $377.82 @ $110/mo DP
DQ over life of plan
1/20/15 Resp: Will catch up or file MTA.
2/19/15 Email from DA: We have filed a response to the MTD, and we will either file a motion to
abate or simply have him catch up the arrears. Continue for tracking?
Berger PM Docket
February 24, 2015, 1:30 p.m.
13-20182 Robert Daniel Kraai and Catherine Fayssoux Kraai
Judge: Robert D. Berger
Shane J. McCall
Motion for Dismissal for Other - By letter of December 11, 2014, Trustee
requested Debtors to pay $2503 of their 2013 income tax refunds into the Plan for
the benefit of creditors. Debtors have failed to remit said funds to the Trustee.
**cont to 3/17/15 for tracking**
2/12/15 Response:
1. The Trustee filed his Motion to Dismiss Case on January 22, 2015, stating that
Debtor had failed to turn over $2503.00 of their 2013 income tax refunds into the
Plan for the benefit of creditors.
2. Due to a technical failure, Debtors’ 2013 tax returns were not submitted
electronically by their accountant in December 2014.
3. Debtors’ 2013 tax returns have since been successfully resubmitted to the taxing
authorities.
4. Debtor has not received any refund for the 2013 tax year and therefore cannot
turn over anything to the Trustee.
5. Upon receipt of the refund, Debtor will turn over the refund in the amount
requested by the Trustee.
Berger PM Docket
February 24, 2015, 1:30 p.m.
13-20272 Samuel Arthur Stover and Cambria Lynn Stover
Judge: Robert D. Berger
Jeannie M. Bobrink and Jeffrey A Koons
Motion for Dismissal for Failure to Make Plan Payments
**cont to 3/17/15 for tracking**
DQ = $1260 @ $715/mo DP
DQ over life of plan. Rec'd $1515 in Jan.
1/21 Resp: Ds making additional pmts. Bobrink recently entered appearance.
2/18/15 Email from DA: can I do an abatement and can we set over for same?
2/18/15 Email to DA: He made another pmt of $800 today. The delinquency is down to $1260. I will
continue the case to March for you to file a mtn to abate.
Berger PM Docket
February 24, 2015, 1:30 p.m.
13-20349 Kiara Monique Smith
Judge: Robert D. Berger
David A. Reed
Motion for Dismissal for Failure to Make Plan Payments
**to be w/drawn**
Berger PM Docket
February 24, 2015, 1:30 p.m.
13-20493 Dorothy Jane Rich
Judge: Robert D. Berger
James W. Lusk
Motion for Dismissal for Failure to Make Plan Payments - LOF
DQ = $7260 @ $2420/mo DP
Rec'd $0 in Sept
$4313 in Oct
$0 in Nov
$2420 in Dec
$0 in Jan
$2420 in Feb (2/2/15)
LOF - Need $2422/mo
PTP - America's Servicing Co @ $1684.63/mo - DQ= $3329.86
9/3/14 Resp: D's income comes from her son paying rent. Son's income is
commission real estate sales.
Cont from Nov: $2000 is to be paid to the Trustee before 12/16/14 or the
Trustee may submit a dismissal order at his discretion. Pmt made 12/16/14.
Cont from Jan: $2420 is to be paid to the Trustee before 1/31/15 or the
Trustee may submit a dismissal order at his discretion. Pmt made 2/2/15.
Berger PM Docket
February 24, 2015, 1:30 p.m.
13-20512 Ralph Norman Byrd, Sr and Linda Kay Byrd
Judge: Robert D. Berger
David R. Barlow
Motion for Dismissal for Failure to Make Plan Payments
**Cont to 3/17/15 for tracking**
Current @ $169/mo EP - Abated $897 in Jan 2015
Last pmt rec'd was July 2014
12/9/ Response: D lost job in July 2014. Ds may convert. Need time to confer with
clients.
MTA filed - abating thru Dec. Resume in Feb or dismiss.
Berger PM Docket
February 24, 2015, 1:30 p.m.
13-20554 William Blake Stein and Amber Dawn Stein
Judge: Robert D. Berger
Hilliard L Moore
Motion for Dismissal for Failure to Make Plan Payments
DQ = $678 @ $226/mo DP
Last pmt rec'd in Oct 2014
1/20 Resp: Ds to cure prior to the hearing.
2/19/15 Email from DA: If no payments have come in by the hearing, let it go.
Berger PM Docket
February 24, 2015, 1:30 p.m.
13-20638 Angela Beatrice Braxton
Judge: Robert D. Berger
David A. Reed
Motion for Dismissal for Other - NSF check - 12/29/14 ePay bounced
**cont to 3/17/15 for tracking**
DQ = $1296.58 @ $383/mo EP (new New EP)
DQ over the last several months
MTA thru Jan filed. Obj due 2/18/15.
Berger PM Docket
February 24, 2015, 1:30 p.m.
13-20754 Connie Jean Altis
Judge: Robert D. Berger
Weston R. Moore
Motion for Dismissal for Failure to Make Plan Payments
**to be w/drawn**
Berger PM Docket
February 24, 2015, 1:30 p.m.
13-21166 Anthony L. Dodd
Judge: Robert D. Berger
David A. Reed
Motion for Relief from Stay re: 2512 Stewart Avenue, Kansas City, Kansas
66104. Protection Filed on behalf of Creditor Cadence Bank
DQ = $3111 @ $530/mo DP (MTD pending - set ofr hearing in March)
Due Oct 2014 thru Jan 2015
2/11/15 Response: D trying to come up w/ $1000 by 2/23/15.
Berger PM Docket
February 24, 2015, 1:30 p.m.
13-21252 Victoria Lynn Brown
Judge: Robert D. Berger
Hilliard L Moore
Agreed Conditional Order on Motion For Relief From Stay (Related Doc #
39) Signed on 12/12/2014. (doc #43) - current w/ TTE @ $384/mo DP
D paid $600 in Feb (Feb 9th, 11th, 17th, and 18th)
Ntc of Default on Cond'l Order filed by Hampton Roads
THE DEBTOR HAS FAILED TO MAKE PAYMENTS PER THE AGREES ORDER. ATTACHES A PRINTOUT FROM
13NETWORK SHOWING THE DEBTOR IS $288 DOWN. THAT SEEMS ODD THAT THEY WOULD SAY THE
$288 IS A DEFAULT OF THE A.O.. SHE'S MAKING EXTRA PAYMENTS EACH MONTH TO CURE THE
DEFAULT.
2/13/15 Resp: LISTS OUT THE PAYMENTS THE DEBTOR HAS MADE AND STATES THE DEBTOR
SWITCHED TO PERSONAL CHECKS SO THAT MAY HAVE CAUSED A DELAY OF POSTING THE PAYMENT.
Berger PM Docket
February 24, 2015, 1:30 p.m.
13-21258 LaRon Michael Taylor
Judge: Robert D. Berger
David A. Reed
Motion for Dismissal for Failure to Make Plan Payments
**cont to 3/17/15 for tracking**
DQ = $759 @ $285/mo DP
DQ over last several months.
MTA thru Jan filed. Obj due 2/18/15.
Berger PM Docket
February 24, 2015, 1:30 p.m.
13-21299 Anthony Chapell and Kieva Denise Chapell
Judge: Robert D. Berger
Jerome W Dubin
Motion for Dismissal for Failure to Make Plan Payments
DQ = $4430.64 @ $640/mo EP
Last pmt rec'd was Aug 2014
12/23 Resp: Ds have obtained new employment and will amend plan to cure
missed pmts.
1/8/15 Email from DA: This case is on the afternoon docket on 1/13. Can we continue this to
February. I need a little more time to finish the motion to abate and amend plan.
Berger PM Docket
February 24, 2015, 1:30 p.m.
13-21606 Phillip Edward Hayes and Carieta Lula Hayes
Judge: Robert D. Berger
Ryan D Knipp
Motion for Dismissal for Failure to Make Plan Payments
**cont to 3/17/15 for tracking**
DQ = $1733.85 @ $490/mo DP
Last pmt rec'd was Oct 2014
1/28/15 Resp: Debtors’ counsel states that he has been unable to reach his clients
by phone or email. Debtors’ counsel would ask for the case to be set for hearing to
provide a little more time to speak with his clients.
2/18/15 Email from DA: I was finally able to talk to them and joint debtor lost her job.
She is
looking for work and has a couple interviews set up soon – a second interview next week. They have
surrendered the house so their payment isn’t too bad. They also have a pending lawsuit that once it
settles I believe they will be able to pay off their case at 100%. All of that being said, they are
significantly delinquent. Anyway we get this continued to March?
2/19/15 Email to DA: I will kick this over one time. They haven't made a payment since last October.
We really need a pmt in the case.
Berger PM Docket
February 24, 2015, 1:30 p.m.
13-21777 Crystal Ann Nichols
Judge: Robert D. Berger
D. Charles Ball and David R. Barlow
Motion for Post-Confirmation Amendment of Plan
**Order granting mtn entered 2/4/15**
Berger PM Docket
February 24, 2015, 1:30 p.m.
13-21850 Whitney E Foley
Judge: Robert D. Berger
Teresa M. Kidd
Motion for Dismissal for Failure to Make Plan Payments
**cont to 3/17/15 by agreement**
DQ = $528 @ $132/mo DP
Last pmt rec'd was Oct 2014
2/11 Response: D in wreck w/ deer. D has no funds to continue to make pmts and
must arrange for transportation. D intends to convert to chapter 7.
2/16/15 Email from DA: Can we continue to the next docket, Foley Case No. 13-21850 on
trustee’s Motion to Dismiss? We are working on converting the case to chapter 7 and will not have
accomplished this by Feb. 24.
Berger PM Docket
February 24, 2015, 1:30 p.m.
13-21942 Scott Alan Cowan and Sheila Ann Cowan
Judge: Robert D. Berger
Ryan B Patton
Motion for Dismissal for Failure to Make Plan Payments
DQ = $540 @ $135/mo DP
Last pmt rec'd was Oct 2014
2/6/15 Resp: Ds are working to cure the default.
2/18/15 Email from DA: I have attempted to contact my clients multiple times with no response.
Berger PM Docket
February 24, 2015, 1:30 p.m.
13-22050 Scott Wade Mishler and Deania Louise Mishler
Judge: Robert D. Berger
Gary Mardian and Patrick Wiesner
Motion for Dismissal for Failure to Make Plan Payments - LOF
DQ = $4414.44 @ $1200/mo DP
Last pmt rec'd was Nov 2014
LOF - Need $1666/mo
PTP - PHH Mort @ $1197.86/mo - DQ $3068.81
2/12 Response: D lost job. Applied for U/E. W on disability. MTA to be filed.
Will also look at loan mod.
Berger PM Docket
February 24, 2015, 1:30 p.m.
13-22491 Melisa Sue Ladd
Judge: Robert D. Berger
Keith A Wellman
Motion for Relief from Stay Regarding 2011 Chevrolet Impala Filed on behalf
of Creditor Consumer Portfolio Services
DQ from Oct 2014 forward; pmts were direct
1/20 Resp: D intends to cure w/ tax refund.
Berger PM Docket
February 24, 2015, 1:30 p.m.
13-22557 Valerie Rene' Cahill
Judge: Robert D. Berger
David A. Reed
Motion for Dismissal for Failure to Make Plan Payments
DQ = $125 @ $125/mo EP [New EP - Abated $624 in Dec]
Last pmt rec'd was Aug 2014.
Cont from Jan for tracking
Berger PM Docket
February 24, 2015, 1:30 p.m.
13-22603 Sara Lorraine Todd
Judge: Robert D. Berger
Ryan D Knipp
Motion for Dismissal for Failure to Make Plan Payments
**cont to 3/17/15 for tracking**
DQ = $550 @ $100/mo DP
Last pmt rec'd in Aug 2015
12/10 Resp: Counsel states that he has been unable to reach his client by phone or
email. The last time he was able to talk to Debtor she was seeking employment.
Debtor’s plan payment is very small and her plan length is short which will allow
for an abatement with new employment. Debtor’s counsel would ask for the case
to be set for hearing to provide a little more time to speak with his client.
MTA thru Jan filed. Obj due 2/17/15.
Berger PM Docket
February 24, 2015, 1:30 p.m.
13-22682 Brian Christopher Jam Simmons and Shannon Kimberly Lyn Simmons
Judge: Robert D. Berger
Chris W Steffens
Motion for Dismissal for Failure to Make Plan Payments
**cont to 3/17/15 for tracking**
DQ = $320 @ $80/mo EP (new EP)
Last pmt rec'd in Aug
MTA filed. Abating thru Jan. Feb pmt to be made directly. Relocated to OH.
Resume in Feb or case dismissed. Obj due 2/13/15.
Berger PM Docket
February 24, 2015, 1:30 p.m.
13-22787 Arthur Thomas Wilson Sr. and Ruth Eilene Wilson
Judge: Robert D. Berger
Chris M Troppito
Motion for Dismissal for Failure to Make Plan Payments - LOF
DQ = [email protected] $504/mo DP
Rec'd $400 in Dec. Last pmt before that was Sept.
LOF - Need $515/mo
12/30 Resp: Debtors will make two full payment on or by January 16, 2014, and
will file a motion to abate to address the remaining delinquency.
1/5/15 Email from DA: we’re trying to figure out if they can make the payments or if we are
going to convert. Can we continue to February’s docket so I can figure out what they are going
to do?
2/17/15 Email from DA: Not sure what Debtors’ intent is with the delinquency. Please
leave on the docket.
Berger PM Docket
February 24, 2015, 1:30 p.m.
13-22868 Cory Lynn Langford
Judge: Robert D. Berger
Christopher R. Coons
Motion for Dismissal for Failure to Make Plan Payments
**cont to 3/17/15 for tracking**
DQ = $323.08 @ $80/mo EP
Rec'd $0 in Nov
$36.92 in Dec
$0 in Jan
1/28 Resp: Cure or abate
2/17/15 Email from DA offc: Debtor just dropped off the attached money order at our
office, which I will forward to Memphis today. He’s currently unemployed and looking for a
new job. Can the MTD hearing be continued for the receipt of the funds?
It is a money order for $404/.
Berger PM Docket
February 24, 2015, 1:30 p.m.
13-22931 Walter Russell Bacon, II
Judge: Robert D. Berger
Jeffrey L. Wagoner
Motion for Dismissal for Other Amended - LOF & tax rtns
DQ = $782 @ $784/mo DP [abated thru Dec - $4062]
Last pmt rec'd was partial pmt in Sept. Last FULL plan pmt was July
2014.
Note: Rec'd $2 in Jan
LOF- need $784/mo. Need 2013 tax rtns.
1/2 Resp: Debtor was hoping his part time job with Fed Ex would eventually turn
into full time employment. Counsel has not heard from Debtor regarding the status
of his employment however has a call into him. If Debtor is unable to cure the
default a Motion to Modify (Abating) Plan Payments will be filed.**Does not
address tax rtns**
1/8/15 Email from DA offc: Would you mind setting this over to the Feb docket? I believe
the reason that I'm unable to reach the client might be that he has found full time employment
so I'd like to send him a letter.
2/19/15 Email from DA: MTD is on docket. He's currently behind. I know he's trying to
make payment but it appears it was returns NSF. I have a call into him. I'd normally say let it
dismiss but it looks like he might be getting back on track since he's at least trying to make
payments. Continue to March?
2/19/15 Email to DA: We are going to leave this one on the docket. He sent in $2 in January.
We haven't received a full plan payment from him since July 2014. What's the status on the
2013 tax rtns?
Berger PM Docket
February 24, 2015, 1:30 p.m.
13-23001 Gina Marie Colbert
Judge: Robert D. Berger
Sarah A. Sypher
Motion for Dismissal for Failure to Make Plan Payments
**cont to 6/23/15 by agreement of the parties**
DQ = $1010 @ $410/mo DP (MTA thru Sept - $2160 & Dec - $1080)
Last pmt rec'd was April 2014. Four of fifteen pmts remitted.
1/28/15 another MTA filed - abating thru April due to lapse in employment.
Resume in May. Obj due 2/18/15.
**Want drop dead language**
**paying for car (2012 Mazda 6) and atty fees**
Berger PM Docket
February 24, 2015, 1:30 p.m.
13-23241 Glennon Jay Smith
Judge: Robert D. Berger
Jeffrey L. Wagoner
Motion for Dismissal for Failure to Make Plan Payments
DQ = $1600 @ $400/mo DP
Last pmt rec'd was Sept 2014. Four of 14 pmts made in case.
Jan and Feb 2014, May 2014 and Sept 2014.
2/12 Response: Debtor struggled making the $400 plan payment required of him
for the winter months due to decreased work flow. Debtor anticipates an increase
in work flow now that the weather is warming up. Debtor will file a Motion to
Suspend the defaulted plan payments.
2/19/15 Email from DA: MTD on docket. Debtors work decreased during winter months.
He expects work to pick back up next month and then he'll be able to catch it up. Continue to
April for tracking?
2/19/15 Email to DA: We are going to leave this one on the docket, as well. He has made
four out of 14 plan pmts in the case. And he hasn't made a pmt since Sept 2014. It appears the
plan is no longer feasible.
Berger PM Docket
February 24, 2015, 1:30 p.m.
14-20028 Steven Dale Peach and Amy Ann Busey
Judge: Robert D. Berger
Christopher R. Coons
Motion for Relief from Stay regarding 114831 33rd Street. Filed on behalf of
Creditor Green Tree Servicing LLC - current w/ TTE @ $200/mo EP
**cont to 3/17/15 for tracking**
Total DQ = $4940.34.
1/28 Resp: Ds made a phone pmt of $1259.95 on 1/23/15 and are in the process of
applying for a loan modification.
Note: TTE's MTD set for hearing 3/17/15.
Berger PM Docket
February 24, 2015, 1:30 p.m.
14-20065 Thomas Anthony Mendez and Melanie Esther Mendez
Judge: Robert D. Berger
Christopher R. Coons
Motion for Dismissal for Failure to Make Plan Payments
** w/drawn 2/19/15**
Berger PM Docket
February 24, 2015, 1:30 p.m.
14-20160 Vernita Hughes-DeShields
Judge: Robert D. Berger
David A. Reed
Motion for Dismissal for Failure to Make Plan Payments
DQ = $366 @ $172/mo DP [New EP - Abated $807.10 in Oct]
Rec'd $150 in Dec. Last pmt rec'd before that was June 2014.
Cont from Dec for IWO.
**paying taxes and atty fees**
Berger PM Docket
February 24, 2015, 1:30 p.m.
14-20224 Louis Dright and Sadie Jean Scott
Judge: Robert D. Berger
Timothy Starosta
Motion for Dismissal for Failure to Make Plan Payments - LOF
DQ = $8838 @ $1023/mo DP
Last pmt rec'd was April 2014. Only 2 of 12 pmts remitted in case.
FYI - Mr. Dright passed away. Cont from Dec for DA appearance.
LOF - Need $1023/mo - consents
8/6/14 Resp: This Response is not timely due to Debtors not responding to
Debtors’ attorney’s telephone and written requests.
Debtors have recently been in the hospital and were unable to return Debtors’
attorney’s requests. Further, Debtors have recently not made their Chapter 13 Plan
payment due to being confused by a letter from their mortgage company listing
trial payment amounts different from the Chapter 13 Plan.
Concurrently with this filing, Debtors will be filing a motion to amend the Chapter
13 Plan to increase the plan payment to the Chapter 13 Trustee’s suggested
$1023.00 per month starting with the August payment. MTA also filed.
Motion for Abate Chapter 13 Plan Payments - abates $2700 (thru Aug).
TTE's Objection: The motion requests abatement of delinquent payments in the
amount of $2700.00. The current delinquency is $3723.00, which includes the
August plan payment. Also, the motion does not indicate when the plan payments
are to resume. Since the plan payments did not resume in August, the plan
payments must now increase to $1070.00 per month for the plan to be feasible.
FYI - Mtn to amend to increase pmt filed 8/6/14. obj due 9/10/14 - waiting on
order
Berger PM Docket
February 24, 2015, 1:30 p.m.
14-20307 Rhonda K. Addington
Judge: Robert D. Berger
Kenneth M. Gay
Motion for Dismissal for Failure to Make Plan Payments - LOF
Current @ $190/mo EP (new EP) [Abated $732.86]
Rec'd $190 in Jan. Last pmt rec'd before that was August
LOF - Need $204/mo - Consent?
Berger PM Docket
February 24, 2015, 1:30 p.m.
14-20519 Paul Raymond Westenberger
Judge: Robert D. Berger
Hilliard L Moore
Motion for Dismissal for Failure to Make Plan Payments
**cont to 4/21/15 for tracking**
DQ = $1490 @ $599/mo DP
D only remitting $300/mo
2/4/15 Resp: D will make full pmts going forward. MTA filed - abating thru Feb.
Resume w/ full plan pmts in March. Obj due 3/4/15.
Berger PM Docket
February 24, 2015, 1:30 p.m.
14-20630 Lori Lynn Clinton
Judge: Robert D. Berger
Tracy L. Robinson
Motion for Dismissal for Failure to Make Plan Payments
**cont to 4/21/15 by for tracking**
DQ = $2485 @ $1245/mo DP
DQ over life of plan. Rec'd $2490 in Jan.
2/5 Resp: Off work, caring for elderly parents. Will bring current w/ 2014 tax
refund.
2/18/15 Email from DA offc: Debtor to use tax refund to cure delinquency. Request time for
refund to be received.
Berger PM Docket
February 24, 2015, 1:30 p.m.
14-20777 Anastasia Elizabeth Hill
Judge: Robert D. Berger
Christopher R. Coons
Motion for Dismissal for Failure to Make Plan Payments
**cont to 3/17/15 by agreement of the parties**
DQ = $3416.52 @ $570/mo EP
Rec'd $135 in Dec. Last pmt before that was July 2014. Three of ten pmts
remitted in case.
Motion to Modify Plan Payment (Abating Plan Payments)
Abating thru Nov 2014. Lost her job and will now be a stay at home mom.
Truity Federal CU Objection: CR holds claim on the 2011 KIA if granted the CR
will be damaged by the DS failure to pay the CU secured claim as required. CR
wants the abatement denied.
Cont from Jan for returns to be completed and see what next step will be.
2/16/15 Email from DA offc: We will file a motion to surrender the Kia, abate, lower
payments tomorrow. Mr. Berman has agreed to a continuance on the motion to abate hearing
for March (his approval is below). So if it’s okay with you, can you please continue the MTA
hearing for March? There is also a MTD hearing, and we would like a continuance on that as
well since we are asking to abate the payments again, this time through January.
Berger PM Docket
February 24, 2015, 1:30 p.m.
14-20858 Trevor G Jones
Judge: Robert D. Berger
PRO SE
TTE's Motion to Determine Mortgage Fees and Expenses re: Rule 3002.1
Creditor has filed a Notice of Post-petition Mortgage Fees, Expenses, and Charges
under Bankruptcy Rule 3002.1 requesting a total of $650 in post-petition mortgage
fees. This notice is related to Proof of Claim No. 9. Specifically, the Notice lists
the fees as proof of claim fees.
**Appears the normal rate is $350 for filing a POC**
Berger PM Docket
February 24, 2015, 1:30 p.m.
14-20865 Mark Duane Weedin and Margaret Rose Weedin
Judge: Robert D. Berger
Jason C Amerine
Motion for Dismissal for Other - failure to remain current on post petition
mortgage pmts
Current w/ TTE @ $160/mo DP
Response: That Debtors have a dispute with Nationstar Mortgage regarding their
homeowners insurance and have trying to reach a resolution. Debtors will be
attending the hearing on December 16, 2014, and plan on getting current on the
mortgage.
Motion for Relief from Stay 811 South Medford Circle, Olathe, KS 66062.
Filed on behalf of Creditor Nationstar Mortgage LLC
Ds are 2 payments behind for a total of $1466.56
Response: That Debtors have a dispute with Nationstar Mortgage regarding their
homeowners insurance and have trying to reach a resolution. Debtors will be
attending the hearing on December 16, 2014, and plan on getting current on the
mortgage.
Cont from Jan by agreement of the parties.
Berger PM Docket
February 24, 2015, 1:30 p.m.
14-20914 Bethelyn Yen Pham Shaw
Judge: Robert D. Berger
Jason C Amerine
Motion for Dismissal for Failure to Make Plan Payments
DQ = $1800 @ $300/mo DP
Last pmt made in July. Three out of ten pmts remitted.
WANT DROP DEAD LANGUAGE IN ORDER
MTA filed - abating thru Dec. Resume in Jan. Obj due 1/2/15.
Berger PM Docket
February 24, 2015, 1:30 p.m.
14-20930 Russell Payne Smith Sr. and Deonna Christene Smith
Judge: Robert D. Berger
Chris M Troppito
Motion for Dismissal for Failure to Make Plan Payments
**cont to 3/17/15 for tracking**
DQ = $776 @ $568/mo DP
DQ over life of plan.
Rec'd $860 in Jan
$1136 in Feb (ePay)
1/2 Resp: Debtor remitted on December 31, 2014, an $860.00 plan payment.
Debtors will remit the remaining balance due on or by January 9, 2015, in order to
bring current the plan payment.
1/5/14 Email from DA: made an $860 payment, and will be current by next week. Can we
continue to February’s docket to make sure they are current?
2/17/15 Email from DA: Can we continue one more time to March to see if they get caught
up?
Berger PM Docket
February 24, 2015, 1:30 p.m.
14-21111 Eric Sean Miranda and Michelle Lynn Miranda
Judge: Robert D. Berger
Ryan D Knipp
Motion for Dismissal for Failure to Make Plan Payments
**cont to 3/17/15 for tracking**
DQ = $5293.95 @ $2160/mo DP
Last pmt rec'd was Nov 2014
1/20 Resp: Lost job. New job starting Jan 23rd. Will request wage w/holding.
2/18/15 Email from DA: per the response he has started working.
He receives his first significant
paycheck on Friday and is planning on making a payment. He lost his job, found a new one but it took
time to get the first paycheck and it was not a full one. 30 days so that I can see that payments are
being made and then make amendments/wage order as necessary?
Berger PM Docket
February 24, 2015, 1:30 p.m.
14-21253 Frederick Douglas Horn and Deborah Renae Horn
Judge: Robert D. Berger
Sarah A. Sypher
Motion for Dismissal for Other - LOF Claim #3 WF & Claim #4 Nationstar
Current w/ TTE @ $100/mo EP
11/4/14 Resp: Ds will file an amended plan proposing to pay the arrears on the
second mortgage and on-going pmt thru the plan. Ds amended plan will also
propose to cram down claim #3 Wells Fargo. DA in process of negotiating the
value of the collateral.
Objection to Claim Number 4 filed by The Bank of New York
States the plan proposed to pay the creditor outside the plan after negotiating a
settlement w/ the creditor. Settlement was unsuccessful. Ds are in the process of
negotiating a loan mod. If successful, Ds will pay the creditor direct. The secured
poc should be disallowed.
Cr Resp: Negotiating a loan mod is not a basis for objecting to the claim. The
claim should not be disallowed based on the debtors entering into a loan mod.
Notice of Postpetition Mortgage Fees, Expenses, and Charges (Claim # 4) with
Filed by Creditor Nationstar Mortgage, LLC.
Atty fees 8/7/14 - $225
POC filing fees - $425
TTE's Objection: Creditor has filed a Notice of Postpetition Mortgage Fees,
Expenses, and Charges under Bankruptcy Rule 3002.1 requesting a total of $650 in
postpetition mortgage fees. This notice is related to Proof of Claim No. 4.
Berger PM Docket
February 24, 2015, 1:30 p.m.
Per the Notice, a fee of $225 for Attorney Fees was incurred on August 7 and a fee
of $425 for Bankruptcy/Proof of Claim fees was incurred August 29.
The underlying claim is a second mortgage. By way of comparison, the amount of
postpetition fees requested by the creditor on the first mortgage (Claim 6) was
$370.
The Debtor has objected to the underlying claim. Regardless of the outcome of that
objection, however, $650 for what amounts to filing a proof of claim is
unreasonable.
Berger PM Docket
February 24, 2015, 1:30 p.m.
14-21403 Vicki Deneen Wright
Judge: Robert D. Berger
Tracy L. Robinson
Motion for Relief from Stay . Filed on behalf of Creditor U.S. Bank National
Association
DQ = $5106.39
1/14 Resp: Denies DQ.
Motion for Dismissal for Other - failure to remain current in post pet mort pmts
2/10 Resp: D will catch up by 2/28/15.
Berger PM Docket
February 24, 2015, 1:30 p.m.
14-21407 Tameka Roshae Cheatom
Judge: Robert D. Berger
David A. Reed
Motion for Dismissal for Failure to Make Plan Payments
**cont to 4/21/15 for tracking**
DQ = $540.61 @ $162/mo EP
2/13 Resp:
1. Debtor just mailed a payment for $150.00, and it appears that the wage order
needs to be restarted (Debtor works for the same employer).
2. Debtor is also filing a motion to suspend missed plan payments.
MTA filed - abating thru Feb 2015.
Confirmed still employed at UMKC - re-issued wage order.
Berger PM Docket
February 24, 2015, 1:30 p.m.
14-21433 Gary Don Wilson, Jr. and Sarah Louise Wilson
Judge: Robert D. Berger
Keith A Wellman
Motion for Dismissal for Failure to Make Plan Payments
**Cont to 5/12/15 for tracking**
DQ = $2050.11 @ $1250/mo DP
Last pmt rec'd was Oct 2014
1/29 Resp: Mtn for plan modification should resolve.
**set for hearing in March** Mtn to abate filed - Lowering plan pmt to $550 for
Jan, Feb, and March (and $800/mo for those months thereafter) - abating any DQ
beyond $550/mo. Ds to cure Nov and Dec pmts, and Jan thru March - $2350 w/ tax
refund.
TTE's Resp: Trustee objects to debtors’ motion until copies of debtors’ 2014
federal and state tax returns are provided and the proposed one-time payment of
$2,350 is received and clears Trustee’s bank. Trustee also insists on employer
wage withholding on all future payments starting with April 2015.
Rec'd copies of tax rtns. Waiting for refund.
Berger PM Docket
February 24, 2015, 1:30 p.m.
14-21455 Jonathan Anthony McPeake and Deanna Marie McPeake
Judge: Robert D. Berger
Ryan B Patton
TTE's Motion for Dismissal for Other
**cont to 3/17/15 for tracking**
Current w/ TTE @ $1150/mo
Green Tree Servicing, LLC filed a proof of claim for the residential home
mortgage listing a principal balance and arrearages. The Confirmed Plan does not
comply with Standing Order No. 11-3.
12/17/14 Response: Admit allegations and by way of further response the Debtors
are getting money together to bring current or pay mortgage through plan payment.
1/8/15 Email from DA: Can we get this set over one month? My clients have been making
payments toward this arrearage and are now trying to get the money together to pay it current.
2/18/15 Email from DA: My clients say they have caught up the deficiency. I will attempt to
contact the mortgage company to confirm. Can we set this over another month?
Berger PM Docket
February 24, 2015, 1:30 p.m.
14-21494 Ramie Lee-Curtis Gordon and Alice Marie Gordon
Judge: Robert D. Berger
Christian D Nafziger
Motion for Dismissal for Failure to Make Plan Payments
DQ = $541.08 @ $150/mo DP
Rec'd $150 in Dec (12/3/14). Last pmt before that was August.
11/25 Resp: Ds have both had medical issues over the past month that have
prohibited them from working. However, they are asking family for help in making
up the default payment. Ds are now back working, and mailed a payment to the
Trustee’s lockbox on November 25, 2014.
2/11/15 Email from DA: My clients have separated and are not going to be completing their
Chapter 13. We will not object to the Trustee’s Motion to Dismiss.
Berger PM Docket
February 24, 2015, 1:30 p.m.
14-21566 George L. Miller and Kimberly Ann Miller
Judge: Robert D. Berger
Hilliard L Moore
Motion for Entry of Discharge
**cont to 3/17/15 by agreement of the parties**
TTE's Objection: The Trustee objects to the Motion for entry of discharge Order as
the case has not yet been closed by the Trustee's office. The Trustee cannot close
the case until the Application of Hilliard L. Moore for Post-confirmation attorney's
fees and expenses is granted and the fees have been paid in full through the Plan.
2/16/15 Email from DA offc: Looks like we may have fired off the Motion for Discharge a little
prematurely. Can this just be continued out to allow the objection deadline on the fee app to run, or
would you prefer we just w/d and start over?
Berger PM Docket
February 24, 2015, 1:30 p.m.
14-21581 Heather Dee Jones
Judge: Robert D. Berger
Ryan B Patton
Motion for Dismissal for Failure to Make Plan Payments - LOF
**cont to 3/17/15 for tracking**
DQ = $240 @ $240/mo (increases to $275 in Feb) DP [abated thru Nov - $760]
Rec'd $240 in Jan. Last pmt rec'd before that was $200 in Sept. TTE would
like to see another pmt due to pmt history. Two of seven pmts remitted in case.
LOF - Need $250/mo - consents.
1/8/15 Email from DA: I have called and left a message for my client.
2/18/15 Email from DA: My client made a payment last month (January) and says she will make a
payment by the end of the month. Set this over once more to see if she does?
Cont from Jan on condition that full plan pmt made by 1/31/15 or case dismissed.
Berger PM Docket
February 24, 2015, 1:30 p.m.
14-21689 Shirley Corrine Clark
Judge: Robert D. Berger
Hilliard L Moore
Motion for Dismissal for Failure to Make Plan Payments
**cont to 3/17/15 for deadline to run on mtn to amend**
DQ = $2385 @ $995/mo DP
DQ over life of plan.
Mtn to amend plan to reduce plan pmts and surr house. Obj due 2/25/15.
Berger PM Docket
February 24, 2015, 1:30 p.m.
14-21857 Ina Clara Young-El
Judge: Robert D. Berger
Jason C Amerine
Motion for Dismissal for Failure to Make Plan Payments
**cont to 4/21/15 for tracking**
DQ = $500 @ $1350/mo EP [Abated $2948 in Dec]
QD over life of plan. Rec'd $850 in Feb.
Motion for Post-Confirmation Amendment of Plan (Doc #37) - lowers plan
pmt to $850/mo
TTE's Objection: The case is not feasible to lower the payments to $850/mth. In
order to pay the secured mortgage claims in full, the plan payments must increase
to $1,690/mth in order to pay out in 60 months. The plan payments have also been
sporadic, which is another reason it is unfeasible at the $850/mth amount as
proposed.
2/13/15 Email from TTE offc to DA offc: This case is up on the 2/24/15 docket again on our
objection to the mtn to modify the plan to lower plan payments. Counsel has now filed a mtn to modify
again, to just pay the pre-petition mortgage arrearages and the on-going payments (instead of the full
claim).
I was hoping you might go ahead and agree to continue this one to the March..or maybe the April
docket. I am trying to get an amended claim from Citi so I can see how much the arrearages are and
THEN I can accurately determine feasibility. If the $850/mth works, then I will be able to w/draw my obj
to the modified plan at that point.
Berger PM Docket
February 24, 2015, 1:30 p.m.
14-21965 Edward L Jackson, III
Judge: Robert D. Berger
Ryan B Patton
Motion for Dismissal for Other - LOF
**cont to 3/17/15 for tracking**
current @ $940/mo
Need $1645/mo due to IRS claim.
1/27 Resp: D will file an objection to IRS claim.
2/18/15 Email from DA: I have looked at the IRS claim and it appears that the issue revolves
around un-filed tax returns. I have called my client and he is going to talk to a tax professional. Can we
set this over another month?
Berger PM Docket
February 24, 2015, 1:30 p.m.
14-21981 Christy Irene Nichols
Judge: Robert D. Berger
Jeffrey Tonkin
Motion to Withdraw as Attorney filed by Jeffrey Tonkin Filed on behalf of
Debtor Christy Irene Nichols
DQ = $330 @ $580/mo DP
Plan confirmed 12/17/15.
That Movant has mentioned from time to time that it would be in the best interest
of Movant and Debtor if debtor secured substitute counsel and permitted Movant
to withdraw owing to the deterioration of the attorney-client relationship;
That Movant has sent a letter to Debtor dated November 18, 2014 indicating his
intention to withdraw and provides to debtor that relevant information to be
communicated to debtor as required by D. Kan. Rule 83.5.5 (a)(1)(B), a copy
thereof is attached to this Motion to Withdraw and is incorporated herein by this
reference;
That Movant’s withdrawal is made mandatory by virtue of the Kansas Rules of
Professional Responsibility Rule 1.16(a)(3) the debtor having discharged Movant
and requested his withdrawal by e-mail notice to Movant; a copy of said e-mail
request is attached hereto and incorporated herein by this reference.
Berger PM Docket
February 24, 2015, 1:30 p.m.
14-22012 Taelafasha Rena McCullough
Judge: Robert D. Berger
David A. Reed
Motion for Dismissal for Failure to Make Plan Payments
**cont to 4/21/15 for tracking**
DQ = $1364.41 @ $374/mo DP
NSF ePay ($700) on 2/17/15. Last pmt rec'd was Oct 2014
2/13/15 Resp:
1. Debtor just mailed a payment for $750.00.
2. Debtor is also filing a motion to suspend missed plan payments.
MTA filed - abating thru Feb 2015.
Berger PM Docket
February 24, 2015, 1:30 p.m.
14-22059 Christine Lorraine Blake
Judge: Robert D. Berger
Douglas B. Breyfogle
Motion for Dismissal for Failure to Make Plan Payments
**cont to 3/17/15 for tracking/pmt**
DQ = $980 @ $245/mo DP
Last pmt rec'd in case was Oct 2014. One of six pmts remitted in case.
MTA filed - abating $980. Obj due 3/3/15.
Berger PM Docket
February 24, 2015, 1:30 p.m.
14-22164 Joshua Lee Crumet
Judge: Robert D. Berger
Kristina S Zhilkina-Crump
Motion for Substitution of Collateral, Application for Compensation
Debtor previously filed a Chapter 13 bankruptcy and Plan listing Wells Fargo
Dealer Services as a secured creditor owed $15,951 on a 2005 Dodge 2500 Crew
Cab, VIN 3D7KS28C650809492, with a value of $19,992. There is a remaining
balance of $15,447.40 on the secured claim.
Subsequent to said filing, Debtor’s vehicle was stolen and the insurance company
has deemed it a total loss. The General Insurance Company has indicated it will
pay $17,329.46 for the vehicle.
Debtor is in need of obtaining a replacement vehicle, but does not have the
resources to do so unless he is permitted to use the proceeds from the insurance
coverage to purchase another vehicle.
Wells Fargo Dealer Services is a properly-perfected lien holder on the vehicle, and
is being paid the value of their secured claim through the plan.
Wells Fargo Dealer Services would be adequately secured if Debtors were allowed
to use the proceeds to buy a replacement vehicle of like value, and grant the
creditor a lien against it.
Debtor seeks approval to purchase a 2006 Ford F250, VIN
1FTSW21P96EA13937, 6.0L V8, diesel, with 108,909 miles for $17,500.
No objection.
Berger PM Docket
February 24, 2015, 1:30 p.m.
14-22190 David Rodney Shannon (deceased)
Judge: Robert D. Berger
Christopher R. Coons
Motion for Dismissal for Failure to Make Plan Payments
DQ = $1200 @ $400/mo DP
Last pmt rec'd was Nov 2014. One of five pmts remitted.
1/14 Response:
1. Debtor passed away November 26, 2014.
2. Counsel has been in contact with the attorney that is handling Debtor’s estate
and needs time to determine a course of action.
Berger PM Docket
February 24, 2015, 1:30 p.m.
14-22313 Yvonne Ann Swinton
Judge: Robert D. Berger
David A. Reed
Motion for Dismissal for Failure to Make Plan Payments
**cont to 4/21/15 for tracking**
DQ = $1258.46 @ $409/mo EP
Last pmt rec'd was Nov 2014
2/13/15 Resp:
1. While Debtor is still unemployed, she was recently approved for $350.00 a week
in unemployment benefits, and is waiting on her 2014 income tax refunds.
2. Debtor is also filing a motion to suspend missed plan payments.
MTA filed - abating thru Feb 2015.
Berger PM Docket
February 24, 2015, 1:30 p.m.
14-22320 Sirjuan Riccardo Ingram, III
Judge: Robert D. Berger
Conrad Miller Jr.
Expedited Motion for Relief from Stay re: 2005 Jaguar X-Type VIN:
SAJWA51A65WE46691. Filed on behalf of Creditor Nicholas Financial Inc.
Current w/ TTE @ $560.50/mo EP
Proof of insurance.
1/26/15 Resp: Proof of insurance provided.
Berger PM Docket
February 24, 2015, 1:30 p.m.
14-22761 Troy Alan Hicks
Judge: Robert D. Berger
Chris W Steffens
Chapter 13 Plan
**Agreed order filed 2/11/15**
Case confirmed 1/14/15.
Berger PM Docket
February 24, 2015, 1:30 p.m.
14-22883 Gregory Lane Rust and Stephanie Lynn Rust
Judge: Robert D. Berger
Weston R. Moore
Motion to Avoid Lien with Ocwen Loan Servicing, LLC
1. RE 2ND MORTGAGE OF OCWEN IN AMOUNT OF $33,500
2. REAL ESTATE FMV = $179,600; EQUITY EXISTS TO COVER ONLY
$179,600 OF $183,500 1ST MTG; NO EQUITY EXISTS TO COVER 2ND MTG
OF OCWEN
3. 2ND MTG OF OCWEN CAN BE AVOIDED PER NOBLEMAN V.
AMERICAN SAVINGS BANK
4. AVOID LIEN OF OCWEN ON 15785 S LOCUST, OLATHE KS
1/29/15 Resp: Wants mtn denied. Ds need to prove allegations.