Berger PM Docket - Chapter 13 Trustee

Berger PM docket
May 12, 2015, 1:30 p.m.
10-22379 Arvid Russell Larson and Sonya Lynette Larson
Judge: Robert D. Berger
Patrick Wiesner
Motion for Dismissal for Failure to Make Plan Payments - LOF
**cont to 6/23/15 for tracking**
DQ = $3287 @ $3287/mo DP (increased pmt starting in April)
Abated $4109 in Nov 2014.
Ds made one pmt in Jan 2015 - $1600 - Need pmts
Abated another $7155 in March.
LOF - Need $2319/mo - consents.
PTP w/ Specialized @ $1221.25/mo - DQ = $1221.25 please $9301.69 & $2101.56
in post-petition admin exp due to default/MTA.
3/3 Resp: Will cure or abate.
5/6/15 Email from DA: Can you please continue the MTD on this case to the June docket?
Debtors made a recent payment of $2,250.00, and told us they'll send in another payment of $1,087.00
on 5/11/15. Please let me know if this continuance is possible. Thanks.
Berger PM docket
May 12, 2015, 1:30 p.m.
10-24022 Kyle Laurence Jensen
Judge: Robert D. Berger
Kenneth M. Gay
TTE's Motion for Dismissal for Other
**Cont to 6/23/15. Rec'd $91 on 5/6/15 - Need check to clear**
To date, the case is running 54 months. The amount required to complete and payoff the Chapter 13 Bankruptcy case at this time would be $91.00. The Trustee's
office requests the amount be remitted in the form of a cashier's check or money
order. The debtor will need a Certificate of Completion of a Financial Management
course filed with the court.
4/24 Resp: Debtor is approximately $91.00 short of completing this case. Debtor
will pay in funds sufficient to complete the case on or before May 5, 2015.
Berger PM docket
May 12, 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
**to be w/drawn**
Berger PM docket
May 12, 2015, 1:30 p.m.
11-21887 Thomas Michael Kuhn
Judge: Robert D. Berger
Sarah A. Sypher
Motion for Relief from Stay 8285 Cedar Creek Rd, De Soto KS 66018. Filed
on behalf of Creditor U.S. Bank Trust
**AO circulating**
FILED BY US BANK TRUST RE 8285 CEDAR CREEK ROAD, DESOTO KS 66018
DLQ ON HOUSE PAYMENTS JUNE 29 2014 FORWARD - $13,845.93
4/9/15 Resp:
BOTH PARTIES ARE IN PROCESS OF NEGOTIATING SETTLEMENT TO CURE ARREARS
AND CONT TO MAKE ONGOING PYMTS OUTSIDE OF PLAN.
Motion for Dismissal for Other - default in post-petition mortgage pmts.
**w/drawn 5/7/15**
Berger PM docket
May 12, 2015, 1:30 p.m.
11-23578 Kelly Dwayne Allen and Camille Yvette Allen
Judge: Robert D. Berger
Colin N. Gotham
Motion to Dismiss Party Camille Yvette Allen. Filed on behalf of U.S. Trustee
U.S. Trustee - case converted to chapter 7 on 4/14/15.
Under § 727(a)(8), if a debtor receives a Ch. 7 discharge, then they may not obtain
another Ch. 7 discharge unless they wait until at least eight years after filing the
first case. The rule applies even if the Debtor’s second case starts in Ch. 13 and
later converts to Ch. 7. Ms. Allen filed a Ch. 7 case, received a discharge, filed for
Ch. 13 within eight years, and has now converted to Ch. 7. Because she can’t
receive a discharge, the Court should dismiss this case.
On September 3, 2004, Ms. Allen (then single and named Camille Yvette
Hampton) filed for Ch. 7, Case No. 04-23831. On December 22, 2004, she
received a discharge. On November 18, 2011, Ms. Allen, and her husband filed
this current bankruptcy as a Ch. 13. On April 14, 2015, the case converted to Ch. 7.
Because the current case was filed within eight years of September 3, 2004, Ms.
Allen is not entitled to a Ch. 7 discharge in this case, and the United States Trustee
brings this motion to dismiss.
Under § 706(a), because the case cannot be converted back to Ch. 13,2 dismissal is
Ms. Allen’s only option. In other words, it would serve no purpose for Ms. Allen to
remain in a Ch. 7 case when she is not entitled to the very relief she seeks—a
discharge.
Berger PM docket
May 12, 2015, 1:30 p.m.
11-23819 Angela M Webster
Judge: Robert D. Berger
David A. Reed
Motion for Dismissal for Failure to Make Plan Payments
DQ = $1543 @ $239/mo EP (brand new)
Last pmt rec'd was Nov 2014
3/17 Resp: EP provided and MTA filed
Note: TTE rec'd phone call from employer on 4/27/15--D has not worked
there since Aug 2014.
Motion to Modify Plan Payment (Abating Plan Payments). Thru March 2015
TTE's objection: Trustee does not object to the abatement, but due to this case
having already been dismissed for default and then reinstated, Trustee requests a
drop-dead due date of the 28th of each month for all future Plan payment giving
Trustee permission to dismiss the case without further hearing. Case is also
Unfeasible at the current Plan payment and needs increase to $292 a month.
Paying for 2007 Chevy Cobalt
Cont from April if full pmt made by 4/30/15--if not, case dismissed.
5/5/15 Call from DA: MY CLIENT CALLED TODAY, AND SAID THAT SHE'S STARTING A NEW JOB ON
TUESDAY AT THE FOLLOWING EMPLOYER: AVIATE HEALTH & REHAB
Berger PM docket
May 12, 2015, 1:30 p.m.
12-20152 Joel Stuart Barnett and Cynthia Noel Barnett
Judge: Robert D. Berger
Chris W Steffens
Motion for Dismissal for Failure to Make Plan Payments - LOF
**Rec'd ePay of $660 on 5/6/15 - Needs to clear**
CURRENT @ $803/mo EP (new EP and MTA $1980)
DQ over last several months. Last pmt rec'd was Feb 2015.
Has the employer started w/holding?
LOF - Need $700/mo. Now need $803 - consents.
3/31 Resp: Will be current or abate. Per MTA, W had lapse in employment and has
returned to work. IWO provided.
5/1/15 EMAIL TO THE ATTY OFFICE.
DEBTORS DID NOT MAKE A PAYMENT IN APRIL. MTD IS ON
5/12/15 DOCKET. WANTED TO SEE IF YOU CAN CHECK TO SEE IF THEY MADE A PAYMENT OR NOT. JW
5/1/15 response from Mikalah. According to Mrs. Barnett they mailed a money order to Memphis
around 4/10 by 3 day mail, with tracking. She will track the payment today and let her know what she
finds out.
Berger PM docket
May 12, 2015, 1:30 p.m.
12-20625 Rodney Albert Johnson and Lorraine Michelle Jones
Judge: Robert D. Berger
Tracy L. Robinson
Motion for Dismissal for Failure to Make Plan Payments - LOF
**cont to 7/21/15 for tracking**
DQ = $1412 @ $817/mo ($182 & $635 EP)
H's EP w/ Good Morning, Accessible Space for $182 not remitting.
LOF - Need $841/mo
4/30 Resp: Mr. Johnson has been off work due to surgery. It is anticipated that it
will be approximately three (3) months before Mr. Johnson is able to return to
work. In the meantime the Ds will remit the portion of the Chapter 13 Plan
payments that are withheld from Ms. Jones’s wages as well any amount above and
beyond the withhold that they are able to afford. Ds further state that once Mr.
Johnson has returned to work they will be meeting with counsel to prepare a MTA
and increase payments as necessary
5/5/15 Email from DA offc: Can we continue to July? to get Mr. Johnson time to return to work &
in for an appointment to prepare amendments.
Berger PM docket
May 12, 2015, 1:30 p.m.
12-20658 John William Jennings, II and Staci Ann Jennings
Judge: Robert D. Berger
Hilliard L Moore
Motion for Dismissal for Failure to Make Plan Payments
**cont to 7/21/15 for tracking**
DQ = $482 @ $110/mo DP
Last pmt rec'd in Jan 2015 (partial pmt)
4/6 Resp: H lost job. Looking for a new job but so far no luck.
MTA filed - abating thru May. Obj due 4/27/15. Need order and pmt.
Note: Paying only atty fees. Roughly $400 left to pay.
Berger PM docket
May 12, 2015, 1:30 p.m.
12-20854 Bobby Joe Spencer and Diane Wiggins Spencer
Judge: Robert D. Berger
Constance L. Shidler
Subpoena issued on Mortgage Electronic Registration Systems, Inc. to appear
or produce documents by/on 03/27/2015. Doc #218
Mtn to Quash filed by MERS (doc #230 and #234): DEBTORS' SUBPOENA DIRECTS MERS
TO PRODUCE DOCUMENTS THAT SHOW THE HISTORICAL AND CURRENT SECURITIZATION ON THE
ABOVE IDENTIFIED MORTGAGE AND DOCUMENTS THAT SHOW ALL MORTGAGEES AND ANY OTHER
PARTIES WITH ANY INTEREST HISTORICALLY IN THE MTG OR MTG NOTE FROM APIRL 5, 2002 TO THE
CURRENT DATE. SUBPOENA SHOULD BE QUASHED IN THAT IT SUBJECTS MERS TO AN UNDUE BURDEN
AS MERS IS NOT A PARTY TO DEBTORS' CLAIM OBJ AND THE DOCUMENTS REQUESTED COULD JUST AS
EASILY HAVE BEEN REQUESTED FROM CITIMORTGAGE, INC. WHICH IS THE PARTY IN INTEREST. ALSO
REQUIRING THEM TO SHIP OVER 100 MILES WHICH IS AN UNFAIR EXPENSE ON A NON-PARTY.
AMENDED PLAN IDENTIFIES CITI AS THE SEC'D CREDIOTR TO THEIR RESIDENCE. DEBTORS ARE
CHALLENGING THE ACCURACY OF THEIR LOAN BALANCE, ESPECI
DOC #245 DEBTORS' OPPOSITION TO MERS' MTN TO QUASH SUBPOENA. MERS SHOULD BE ORDERED
TO COMPLY WITH THE SUBPOENA SO THAT DEBTORS CAN DISCOVER THE NECESSARY FOUNDATION FOR
THEIR ALLEGATIONS OF CIT'S FAILURE TO DEMONSTARTE IT IS A REAL PARTY IN INTEREST AND FRAUD.
Berger PM docket
May 12, 2015, 1:30 p.m.
12-21036 David Joe Alexander and Edna Mae Alexander
Judge: Robert D. Berger
Jason C Amerine
Motion for Relief from Stay Re:312 Walker Avenue, Kansas City, KS 66101.
Filed on behalf of Creditor WILMINGTON SAVINGS FUND SOCIETY
DEBTORS ARE BEHIND 3 MTHS (JAN THROUGH MARCH 2015) AT $1,205.70 EACH PLUS MFR
COSTS/FEES. TOTAL $4,684.06.
4/14 Response: WILMINGTON SAVINGS FUND SOCIATEY STATES D'S CURRENTLY BEHIND $4,684.06
THRU MARCH. D'S PLAN ON SENDING THE DQ BY THE END OF APRIL 2015.
Plan amended 4/17/15 to bring mortgage pmts into the plan. TTE objected b/c not
EP. Set for hearing in June. Mtn to deviate from standing order filed 5/6/15. TTE
to file mtd-$. Ds are two months DQ.
TTE's Motion for Dismissal for Other
**to be w/drawn**
5/6/15 Email from DA: Ben Struby will announce the continuance for Wilmington Savings Fund.
think the trustee motion has been withdrawn. We’ve amended the plan to include mtg and arrears.
I
Berger PM docket
May 12, 2015, 1:30 p.m.
12-21251 Kevin Todd Allenbrand
Judge: Robert D. Berger
Colin N. Gotham
Motion for Dismissal for Failure to Make Plan Payments
**to be w/drawn**
Berger PM docket
May 12, 2015, 1:30 p.m.
12-22081 Theresa Roberta Giron
Judge: Robert D. Berger
Hilliard L Moore
Motion for Relief from Stay Suzuki - Reno - 2007 - KL5JD66Z17K484945.
Filed on behalf of Creditor Capital One Auto Finance - current w/ TTE @
$228/mo DP
D past due for Sept pymt and pymts thereafter. DQ in plan pymt.
Resp: Period of unemployment.
Cont from Jan for MTA and to track plan pmts.
5/5/15 Email from DA: We have not yet communicated with counsel for the car creditor, but it
does appear payments have been coming in on time.
Cont from March for tracking.
Berger PM docket
May 12, 2015, 1:30 p.m.
12-22148 Phillip Allen Jones and Marilyn Joyce Jones
Judge: Robert D. Berger
Jennifer L Dodson
Motion for Dismissal for Failure to Make Plan Payments
**cont to 6/23/15 for deadline to run and info about re-fi or surr**
DQ = $2425 @ $1550/mo DP
DQ accrued over last several months.
The Plan is not feasible. In order for the plan to complete within the required 60
months, the plan payments will need to increase. The Debtors have failed to amend
the plan with regard to the mortgage with Ocwen per the terms of the January 24,
2013 Order. **If can re-finance, then will surrender**
3/24 Resp: Unable to contact Ds.
MTA filed 5/4/15. Abating $2425. Obj due 5/25/15. MTA does not address the
LOF issue.
5/4/15 Email from DA: Was finally able to make contact with Debtor in April and filed
Motion to Abate on 05/04/2015. Can we continue to the June 23, 2015 docket to let the
objection deadline run on the Motion to Abate?
5/4/15 Email to DA: The other issue in the case is feasibility. I believe the motion to dismiss was
prompted by the delinquency AND the failure to amend the plan with regard to the mortgage with
Ocwen --see the 4/24/13 order. Are the debtors going to surrender the property?
5/4/15 Email from DA: The Debtors have been working with Ocwen to try and refinance, but I
don't think at this date have been approved for any sort of refinance or loan modification. I'm
waiting on an affirmative answer from them that there is no possibility of refinance and that
they are surrendering the house.
Berger PM docket
May 12, 2015, 1:30 p.m.
12-22187 Dustin Glen Moore
Judge: Robert D. Berger
Stephen G. Bolton
Objection to Claim #9
Objection to claim has been subject to call pending State court matter.
D is current w/ us @ $177/mo
Claim # 9 - LANNA MOORE
307 NORTH JEFFERSON
SPRING HILL, KS 66083
Claim amt $7,000.00
Monthly Payment: $0.00
Interest rate - 0.00
Percent to be paid - 100.00
Classified as: CHILD SUPPORT ARREARS BACK CHILD SUPPORT
Response filed by Lana Moore:
See attached.
April docket: Objection to claim #9 resolved by text Order allowing claim per the amount listed in
the Judgment. Tte needs to find the Judgment and let Mary know the amount to include in the text
Order. Tte will need to check feasibility paying this $7k+ claim. Contd. to 5/12 for resolve. Rcvd Lanna
Moore's updated mailing address in Court today.
Berger PM docket
May 12, 2015, 1:30 p.m.
12-22502 Valeria R. Brown
Judge: Robert D. Berger
Patrick Wiesner
Motion for Dismissal for Failure to Make Plan Payments - LOF
**cont to 6/23/15 for tracking**
CURRENT @ $360/mo EP due to MTA thru April 2015
Last pmt rec'd was Nov 2014
LOF - need $303/mo - consents
Need pmt
5/7/15 Email from DA: We abated through the end of April and increased via wage order that
was sent in early April. Not sure why the employer hasn't sent anything yet, but I thought it would be
better to continue it to track the payments. Meanwhile, I'll try to track down Ms. Brown and find out if
she knows what is going on. Thanks again.
Berger PM docket
May 12, 2015, 1:30 p.m.
12-22820 Dawn Michelle Christian
Judge: Robert D. Berger
Ryan L White
Objection to Claim Number 4 filed by Wells Fargo Bank, Filed by Debtor
Dawn Michelle Christian - current w/ us @ $937/mo DP
DvC
WELLS FARGO FILED A SECURED CLAIM IN THE AMT OF $49,357.49 W/ ARREARAGE OF $18,831.11.
WELLS FARGO CLAIM WAS FILED WELL PAST THE CLAIM DUE DATE OF 2/12/13 AND THEIR DELAY FAILED
TO MITIGATE THE DAMAGES THAT WERE ALLEGEDLY ACCRUING AND WHICH COMPROMISE THEIR
INFLATED CLAIM. D DOES NOT BELIEVE SHE IS BEHIND WITH PRE PET MTG PMTS FROM APRIL 2011 OCT 2012 AS STATED IN THE CLAIM. D OBJECTS TO THE ADDITIONAL MTG PMTS FOR NOV 2012 AND
DEC 2012, WHICH IS A POST PET CLAIM, ALREADY INCLUDED WITH HER PMTS IN THE CONFIRMED PLAN.
D OBJECTS TO THE LATE CHARGES, AS SOME OF THE DATES CLAIMED DO NOT CORRESPOND WITH THE
MONTHS OF SUGGESTED MISSED PMTS.
4/22/15 Resp by WF:
D HAS FILED HER OBJ TO CLAIM OF WELLS FARGO, OBJECTING TO THE DELAY IN THE FILING OF THE POC.
THIS CLAIM IS FOR THE PRINCIPAL RESIDENCE, COURT MAY CHOOSE TO ALLOW IT. D FURTHER OBJECTS
TO THE POC ALLEGING THE CLAIMANT HAS FAILED TO "MITIGATE THE DAMAGES" AND HAS SUBMITTED
AN "INFLATED CLAIM" WHICH W.F. DENIES. D DOES NOT BELIEVE SHE IS BEHIND IN HER PRE PET MTG
PMTS FROM APRIL 2011 THRU OCT 2012, WHICH W.F. STATES IS CORRECT.
D OBJECTS TO THE INCLUSION OF THE NOV AND DEC 2012 POST PET PMTS AS THEY ARE INCLUDED IN
THE PLAN, WHICH W.F. ACKNOWLEDGES WOULD BE ADMINISTRATIVE PMTS. D OBJECTS TO THE LATE
CHARGES AND QUESTIONS THE DATES OF THOSE CHARGES. ALL LATE CHARGES ARE ACCURATE AND ARE
ASSESSABLE UNDER THE TERMS OF THE NOTE AND MTG WHEN A PMT IS NOT MADE IN A TIMELY
MANNER. D AND DA WERE FULLY AWARE OF THE AMTS DUE, AS W.F. OBTAINED A FORECLOSURE
JUDGMENT ON 8/13/12. JOURNAL ENTRY WAS APPROVED BY COUNSEL FOR D.
THE OUTSTANDING PMTS SET OUT IN CLAIM #4 ARE FROM APRIL 2011 TO THE TIME OF THE FILING OF
THIS BCKCY. THE LAT CHARGES ASSESSED ARE ALL PRIOR TO THE FILING OF THIS CURRENT BCKCY CASE
AND AFTER D'S PREVIOUS CH 13 CASE 99-20301. CLAIM IS CORRECT AND SHOULD BE ALLOWED AS
FILE.D
FYI - ARREARS CLAIM WAS FILED FOR $18,183.11, WHICH INCLUDED 19 PMTS AND PRE PET FEES,
EXPENSES AND CHARGES.
Berger PM docket
May 12, 2015, 1:30 p.m.
12-22870 Deborah Kay Jones
Judge: Robert D. Berger
Jason A. Norbury
**Amended 3/17** Motion to Modify Plan Payment (Abating Plan Payments)
**AO uploaded 4/17/15**
- abating $4500. Agrees to increase. Mtn amended 3/17/15.
Hearing can be cancelled.
Berger PM docket
May 12, 2015, 1:30 p.m.
12-22919 Justin Michael Young
Judge: Robert D. Berger
Sarah A. Sypher
Motion for Dismissal for Failure to Make Plan Payments - LOF
**cont to 6/23/15 for tracking**
DQ = $1730 @ $1730/mo DP [ abated thru March - $7090]
DQ due to partial pmts over last several months.
Last pmt rec'd in Jan 2015 (partial pmt)
LOF - need $1769/mo
12/2/14 Resp: Debtor defaulted on his payments due to seasonal employment and a
decrease in income. Debtor has obtained additional employment with UPS. Debtor
will cure the plan payment default prior to the hearing on this motion by remitted
this missed payments directly to the Trustee.
**where are we on the loan mod? surr house? pmts?** 3/12/15 Email from DA: He
can’t afford the payment. He is working on a loan modification. I will file the appropriate motions
as soon as I have the information. Continued for loan mod or surrender house.
5/7/15 Email from DA: Motion to Abate approved.
loan mod. Will f/u before hearing. Continue?
Last continuance.
I left him a message on 5/6 regarding the
Berger PM docket
May 12, 2015, 1:30 p.m.
12-23118 Carl Richard Seaquist
Judge: Robert D. Berger
Sarah A. Sypher
Motion for Relief from Stay Regarding 2010 Rietenour Drop Deck Trailer.
Filed on behalf of Creditor Mercedes-Benz Financial Services
DQ = [email protected] $1710/mo DP [Abated thru Dec 2014 - $8220]
Rec'd $1555 in Jan. Last pmt before that was Aug 2014.
UPON INFO & BELIEF THE COLLATERAL WAS STOLEN ON OR ABOUT 12/29/14 & NEVER RECOVERED.
PROPERTY INSURANCE CARRIER (GREAT AMERICAN INSURANCE) IS APPARENTLY WILLING TO SETTLE
THE PROPERTY DAMAGE CLAIM BY ISSUING A CHECK IN THE SUM OF $19,000. COLLATERAL IS SECURED
BEYOND ITS VLUE OF $15,000 & D HAS NO EQUITY THEREIN. REQUESTS RFS; WAIVING OF THE 14 DAY
STAY & ALLOWING MOVANT TO ENDORSE THE INSURANCE DRAFT FROM THE PROPERTY INSURANCE
CARRIER & TO APPLY ALL PROCEEDS TO D'S DEBT. NOTES: RE: CLAIM #4 BEING PAID UP TO $15,000
VALUE WITH A G.U. PORTION OF $5,690.
2/23 Resp: PROPERTY ASSOCIATED WITH MTN IS NECESSARY FOR D'S LIVEIHOOD. D REQUIRES A
REPLACEMENT TRAILER IN ORDER TO EARN INCOME AS A TRUCK DRIVE. D NEEDS THE INSURANCE
PROCEEDS IN TO TO PROVURE THE REPLACMENT TRAILER & TOOLS OF HIS TRADE THAT WERE STOLEN
ALONG WITH THE TRAILER. D INTENDS TO FILE A MTN TO SUBSTIUTE COLLATERAL & OFFER THE
LIENHOLDER A LINE ON THE REPLACEMENT TRAILER. D INTENDS TO CONINUE TO PAY CREDITTOR'S
SECURED CLAIM THRU THE PLAN.
Motion to Modify Plan Payment (Abating Plan Payments)
**AO filed 4/24/15**
CREDITOR, MHC CLM 8 TO RECV A MTHLY PYMT OF AT LEAST $1282.19 BEGINNING W/MAY 2015 PYMT;
WITHDRAWS ITS OBJ.
FYI - THE ORDER DOES NOT ADDRESS THE ABATMENT OR THE ATTY FEES. EMAIL TO DA ON 5/5/15.
Berger PM docket
May 12, 2015, 1:30 p.m.
12-23166 Robert Daniel Munoz and Rose Marie Munoz
Judge: Robert D. Berger
Jay T. Grodsky
Motion for Relief from Stay 2520 Southwest Windslow Court, Topeka, KS
66614. or in the alternative Motion for Adequate Protection Filed on behalf of
Creditor HSBC Mortgage Services Inc.
Current w/ us @ 3500/mo [abated $10,500 in Nov]
Ds DQ $7116.40 (4 payments) - mortgage paid directly
2/26 Resp: That the debtors herein have informed their attorney that they will have sufficiently
caught up with their house payments such that the creditor will be agreeable to withdrawing the motion
by the time of the proposed hearing date
Note: DS TO REMIT FULL PLAN PYMTS BY THE 28TH DAY OF EA MTH BEGINNING 4/28/15 OR THE CASE
MAY BE DISMD AT THE T'S DISCRETION.
Cont from April for resolution
Berger PM docket
May 12, 2015, 1:30 p.m.
12-23246 Bradley Allen Seber and Barbara Eileen Seber
Judge: Robert D. Berger
David R. Barlow
TTE's Objection to Claim Number 11 filed by WELLS FARGO BANK
DQ = $2193 @ $737/mo DP
The pre-petition arrears will not be paid through the bankruptcy per the Order
granting Motion to approve loan modification filed on January 28, 2015.
2/27/15 Resp: Creditor admits the allegations in Trustee’s objection that the Order
granting Motion to approve loan medication was filed on January 28, 2015,
however, the loan modification has not been finalized at this time. Creditor’s
counsel has advised Creditor to amend the claim once the modification is finalized.
Cont from March for loan mod.
Berger PM docket
May 12, 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
DQ = $400 @ $85/mo DP
Rec'd $80 in Feb and April. Last pmt rec'd before that was Sept 2014
Drop dead due to pmt history? Approx 5 pmts over the last 18 mos.
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.
Sent increase letter on 5/5/15 - Need $85/mo.
MTA filed 4/16 - abating thru March. Obj due 5/7/15.
5/5/15 Email from DA offc: Ms. Gibbons has resumed payments and, as you have noted, we
have filed a Motion to Abate. Do you want to continue for tracking, or will the trustee withdraw his
motion to dismiss once the objection deadline on the MT Abate has run?
5/6/15 Email to DA: We will leave this one on the docket. We would like a drop dead due date provision
to be included in either the MTA or the Ord denying the tte's mtd. She has made approximately 5 pmts
over the last 18 months.
Berger PM docket
May 12, 2015, 1:30 p.m.
13-20205 Erick Alexander Mijangos
Judge: Robert D. Berger
Hilliard L Moore
Motion for Dismissal for Failure to Make Plan Payments - LOF
**cont to 6/23/15 for tracking**
DQ = $700 @ $290/mo EP
DQ due to lapse in pmts
LOF - Need $328/mo
4/27 Resp: Debtor’s employer has begun regular furloughs, which has put a strain
on Debtor’s finances and caused him to fall behind on his plan payments. Debtor
will file a motion to abate to resolve any default.
5/5/15 Email from DA: Payment of $343.60 received by TTE in April.
time to abate missed payments?
Continue a month to give us
Berger PM docket
May 12, 2015, 1:30 p.m.
13-20807 William James Wright
Judge: Robert D. Berger
Jason C Amerine
Motion for Dismissal for Failure to Make Plan Payments
**cont to 6/23/15 for tracking**
5/7/15 Email from DA: He just came in yesterday and brought all his documents for the
conversion. Can we continue this one more month to convert? Thanks!
Berger PM docket
May 12, 2015, 1:30 p.m.
13-21638 David Lee McCullough, Jr. and Mari Bess McCullough
Judge: Robert D. Berger
Christopher R. Coons
Motion for Dismissal for Failure to Make Plan Payments
DQ = $96 @ $100/mo DP
Rec'd $250 in March (ePay)
$92.30 in April (EP)
$100 in May (ePay) - Needs to clear
April pmt was from Osage Co---H's employer? Right now the case is a
direct pay. H's EP was released in Feb 2015 b/c no plan pmts since Oct 2014.
Is H back to work at Osage Co?
2/26 Current or abate by hearing.
4/14/15 Email from DA offc: Can the MTD hearing be continued to May for Debtors to get
current? There are two missing employer payments (see attached paystubs), which David is
investigating with the employer. Debtors also thought payments were coming out of Mari’s
check, when they weren’t. They want to get current and not abate, and need a bit of time. Will
that work for you?
Cont from April for tracking.
Berger PM docket
May 12, 2015, 1:30 p.m.
13-21790 Reginald Dean Hollinshed Sr. and Latisa Kay Gaskin-Hollinshed
Judge: Robert D. Berger
David A. Reed
Motion for Dismissal for Failure to Make Plan Payments
DQ = $998 @ $1115/mo DP
DQ over last several months.
TTE rec's phone calls from creditor Painted Hills every time the Ds miss a pmt.
TTE would like a drop dead due date.
12/1 Objection: Ds made pmt of $998 on 11/18/14.
1-16-15 EMAIL FROM SOCHEATA:
Kathy, My office would prefer that clients do wage order. Unfortunately, they are on contract basis at
their employment and cannot do wage order. My office will monitor clients' payments and call them to
pay on time each month.
Cont from March for 2014 tax rtns and year end paystubs.
Berger PM docket
May 12, 2015, 1:30 p.m.
13-21822 Kathy L Hunter
Judge: Robert D. Berger
Jeffrey L. Wagoner
Motion for Dismissal for Failure to Make Plan Payments - LOF
**cont to 6/23/15 for tracking**
DQ = $1612 @ $398 DP
Last pmt rec'd in Jan 2015.
LOF - Need $407/mo
3/30 Resp: D fell behind due to winter gas bills. D will be current by the end of
April 2015.
Cont from April for tracking - response says current by April 2015.
5/7/15 Email from DA offc: I'm guessing Kathy Hunter (13-21822) will need a suspension
request since she hasn't made payment like she intended to. Could we continue this to the next setting
so I can find that out and file the necessary paperwork?
Agreed to cont to 6/23 but want drop dead lang in mta.
Berger PM docket
May 12, 2015, 1:30 p.m.
13-21886 Donald Eugene Caruthers and Paula Ann Caruthers
Judge: Robert D. Berger
David A. Reed
Motion for Dismissal for Failure to Make Plan Payments
DQ = $110 @ $110/mo DP due to recent MTA - $1475 (decreases to $110 in
April)
April epay came back NSF. Ds need to replace before the MTD will be
w/drawn.
Cont from April for correct pmt by 4/30/15 or case dismissed. **order of
dismissal to be uploaded**
Berger PM docket
May 12, 2015, 1:30 p.m.
13-21961 Shahid Zafar Ansari
Judge: Robert D. Berger
Hilliard L Moore
Motion for Dismissal for Failure to Make Plan Payments
DQ = $995 @ $995/mo DP [abated $3475 in March]
DQ accrued over last several months
Rec'd $1000 in March.
$0 in April
3/9 Resp: Biz picking up w/ better weather. D to pay in $1k tax refund (rec'd).
Cont from April for deadline to run.
5/5/15 Email from DA offc: Mr. Ansari reports he mailed a full payment out April 30.
Hopefully
it will post before the hearing. We will plan to appear for this one so we know to track for the payment.
Berger PM docket
May 12, 2015, 1:30 p.m.
13-22513 Patrick Allen Baker and Lou Ann Baker
Judge: Robert D. Berger
Sarah A. Sypher
Ds' Objection to Claim Number 9 filed by Caliber Home Loans
DvC
CONF'D PLAN PROPOSES OT PAY ARREARS TO CREDITOR BENEFICIAL (NOW CALIBER HOME LOANS) IN
THE AMT OF $46,000. THIS AMT IS BASED ON A SETTLEMENT OFFER DS REC'D FROM THE CREDITOR
PRIOR TO FILING. ON 2/18/185, CALIBER LOANS FILED A SECURED POC LISTING AN ARREARS OF APPROX
$133,000. THE CLAIM ON FILE IS BARELY LEGIBLE. DS OBJ TO THE ARREARS AMT LISTED IN THE CLAIM
AND ASK THAT THE CLAIM BE ALLOWED WITH AN ARREARS AMT OF $46,000.
4/20 Resp: Admits / denies
BOH - $22,728.79
Berger PM docket
May 12, 2015, 1:30 p.m.
13-22729 Scott Michael Coons and Tasha Dionne Coons
Judge: Robert D. Berger
Hilliard L Moore
Motion for Dismissal for Failure to Make Plan Payments
**cont to 6/23/15 for tracking**
DQ = [email protected] $1656/mo DP
DQ over last several months.
Want drop dead?
11/6/14 Resp: Ds made a payment of $1,498.00 and will continue to remit direct
payments going forward. If they are unable to bring payments totally current by the
end of the year, Ds will seek an abatement of any delinquency at that time.
**paying for two small car loans and lots of taxes ($68k)**
Cont from April for tracking.
FYI - MTD filed last October.
5/5/15 Email from DA: Full plan payment received in April.
Continue a month to give us time to file the MTA?
We will file a Motion to Abate.
Berger PM docket
May 12, 2015, 1:30 p.m.
13-22945 Ruthie Lee McKnight
Judge: Robert D. Berger
David A. Reed
Motion for Dismissal for Failure to Make Plan Payments
DQ = [email protected] $193/mo DP (decreased from $693 to $193 in Jan)
Last pmt rec'd was Oct 2014. Waiting on pmts.
1/2/15 Mtn to amend to surr car, manu home, and lower plan pmt to $193/mo. Obj
due 1/23/15.
Motion for Hardship Discharge pursuant to Sec. 1328(b) - Last date to oppose
discharge is 5/20/15
Debtor amended her plan on 1/2/15 to surrender her home and car. Debtor's failure to complete the
payments is due to debtor moving to Louisiana due to familial and health issues and can no longer
afford to make meaningful payments of any kind. If debtor abated missed payments thru April and atty
fees added, the case would no longer pay anything to g.u.'s. The priority debts will still be hanging out
there even with hardship discharge.
TTE's Resp: The debtor has not filed a Certificate of debtor education.
Berger PM docket
May 12, 2015, 1:30 p.m.
14-20165 Scott Alan Dalman and Christie Lynn Dalman
Judge: Robert D. Berger
Hilliard L Moore
Motion for Relief from Stay filed by Fred Fouts
DvC
CR AND DS ENTERED INTO A WRITTEN LEASE AGREEMENT ON 11/17/12 FLR LEASE OF 113 N JANELL DR
OLATHE KS. D AGREED TO PAY $1200 PER MONTH RENT. DS ASSUMED LEASE AS PART OF THEIR CASE
3/20/14 ALTHOUGH DS HAVE NEVER GIVEN NOTICE OF THIS TO THE MOVANT. DS HAVE VIOLATED THE
TERMS OF THE LEASE AGREEMENT ALLOWED UP TO FOUR DOGS TO LIVE IN AND ON TEH PREMISES IN
VIOLATION. THEY FAILED TO DISCLOSE PRIOR EVICTIONS TO MOVANT AND COMMITED WASTE TO THE
PROPERTY IN AMOUNT OF $10,000. SEEKS RFS IN ORDER TO PURSUE POSSESSION OF THE PREMISES,
FOR DAMAGES TO THE PREMISES AND FOR ANY OTHER THAT COURT DEEMS APPROPRIATE.
4/29 Resp: FOUTS FILED MTN RFS STATING PLANS TO TAKE POSSESSION OF THE PREMISES, FOR
DAMAGES TO PREMISES AND FOR ANY OTHER AMOUNTS DUE. DS HAVE NO OBJ TO HE MTN FOR RFS TO
PURSUE ACTION. HOWEVER, DS REQUEST THE STAY REMAIN IN PLACE TO PREVENT FOUTS FROM
PURSUING ANY GARNISHMENTS OF DS WAGES OR BANK ACCOUNTS WHILE DS ARE IN ACTIVE
BANKRUPTCY.
Berger PM docket
May 12, 2015, 1:30 p.m.
14-20681 Wanda Renae Ewing
Judge: Robert D. Berger
David A. Reed
Motion for Dismissal for Failure to Make Plan Payments
DQ = $5180 @ $1730/mo EP (new)
DQ over last several months
MTA filed - abating thru April. Obj due 5/5/15.
4/20/15 Email from KA: ON DOCKET TOMORROW.
HAVE FILED ABATEMENT THRU APRIL. SPLIT
OUT KDOL CLAIM AS PER ORDER IN ADVERSARY - DOESN’T REALLY HELP HER SINCE PLAN CONFIRMED
AT 100%. IF WE GET FULL PAYMENT OF $1730 IN MAY, PLAN PAYMENT NEEDS TO INCREASE TO
$2600/MO IN JUNE. CASE WILL RUN 65 MOS. D HAS GIVEN US NEW EMPLOYER FOR WAGE ORDER;
HOWEVER, DOES NOT CONSENT TO INCREASED PLAN PYMT. SENDING INCREASE LETTER TODAY RE
$2600/MO. KA
4/27/15 Email from Socheata: Client does not consent to plan payment increase
because she now has a lower-paying job. We will file an amended plan.
How is she going to deal w/ the KDOL claim?
Mtn to amend filed 5/5/15 - changing to 0% plan.
Berger PM docket
May 12, 2015, 1:30 p.m.
14-20801 Mar'Quise La'Ron Downs
Judge: Robert D. Berger
David A. Reed
Motion for Dismissal for Failure to Make Plan Payments
**cont to 6/23/15 for deadline to run on amended plan and pmt**
Berger PM docket
May 12, 2015, 1:30 p.m.
14-20980 Sharon Elaine Womack
Judge: Robert D. Berger
Hilliard L Moore
Motion to Modify Plan Payment (Abating Plan Payments)
DQ = $1172 @ $586/mo DP
D HAS BEEN LAID OFF FROM JOB; HAS APPLIED FOR UNEMPLOYMENT BUT NEEDS THAT INCOME TO
FUND BASIC LIVING EXPENSES
ABATE THRU MAY 2015 TO CLEAR ANY DEFICIENCY SO D CAN APPLY HER UNEMPLOYMENT TO BASIC
LIVING EXPENSES DURING PERIOD OF UNEMPLOYMENT
RESUME JUNE 2015
TTE's Objection: If abatement is approved, the car creditor will be without a payment
for seven months. Trustee believes that the Motion to Abate should be put in front of the
Court for approval.
Cap One - 2008 Nissan - $12,554.00 claim.
Berger PM docket
May 12, 2015, 1:30 p.m.
14-21063 Vonda Laneise Jones
Judge: Robert D. Berger
David A. Reed
Motion for Dismissal for Failure to Make Plan Payments
**cont to 6/23/15 for deadline to run on MTA**
Berger PM docket
May 12, 2015, 1:30 p.m.
14-21186 John Bernard Schmeltz, Sr. and Pamela Lee Schmeltz
Judge: Robert D. Berger
Tracy L. Robinson
Motion for Dismissal for Failure to Make Plan Payments
**cont to 6/23/15 for tracking**
DQ = $4200 @ $1400/mo EP/DP?
Last pmt rec'd was Jan 2015
4/24 Resp: Ds state they became delinquent with their Chapter 13 Plan pmts due to
Mr. Schmeltz changing employers. Ds have requested a new wage withholding
order, however, it has yet to commence. Ds have spoken with Ds' counsel
regarding possible repayment and/or amendments and request more time to do so.
5/5/15 Email from DA: Debtors have an appointment with Counsel on Thursday to look at options
& probably amendments.
Berger PM docket
May 12, 2015, 1:30 p.m.
14-21415 Georgia Maye Wallace
Judge: Robert D. Berger
Ryan M. Callahan
Motion for Dismissal for Failure to Make Plan Payments - LOF
DQ = $2400 @ $600/mo DP
Last (and only) pmt rec'd in Dec 2014
Want drop dead?
LOF - need $725/mo
4/16 Resp: D has experienced unexpected medical expenses and has been unable to
make her plan payments. D and her daughter both plan to use their 2014 tax
refunds to bring the plan payments current.
Concurrent with this Response, debtor is filing an objection to proof of claim #131, which is a secured claim filed by Wells Fargo Bank. D believes this should be
an unsecured claim. If D’s objection is granted, this should make the plan more
feasible.
D will resume her plan payments in May 2015 in order to ensure the plan
amortizes.
DA FILED OBJ TO CLAIM #13 . When will she send in the tax refunds?
Berger PM docket
May 12, 2015, 1:30 p.m.
14-21837 Daniel Wayne Leckner and Shannon Marie Leckner
Judge: Robert D. Berger
Hilliard L Moore
Motion for Dismissal for Failure to Make Plan Payments
DQ = [email protected] $384/mo EP
Rec'd $192 in April and $400 in May (personal check). Last pmt rec'd before
that was Jan 2015
Employer only sends $194/mo. Want drop dead--full pmt each month or
case dismissed.
4/14 Resp: Will cure some of the DQ and file MTA.
Issue w/ EP.
4/21/15: Courtroom Minute Sheet (RDB), Ruling: Payments by April 30, 2015
or case to be dismissed. Motion continued to May 12, 2015 @ 1:30 pm for
tracking.
MTA filed 5/5/15 - abating thru May. Resume in June. Obj due 5/26/15.
Berger PM docket
May 12, 2015, 1:30 p.m.
14-22091 Tanika R. Wright
Judge: Robert D. Berger
David A. Reed
Motion for Dismissal for Failure to Make Plan Payments
DQ = $375 @ $375/mo DP
Rec'd $200 in March. Last pmt before that was Dec 2014.
Order on MTA - Resume by April 2015 or case dismissed. **Order of
dismissal to be uploaded**
Berger PM docket
May 12, 2015, 1:30 p.m.
14-22492 Victoria A Krutogolova
Judge: Robert D. Berger
Jeffrey L. Wagoner
Motion for Dismissal for Failure to Make Plan Payments - DQ and fail to
amend SOFA re self-employment as requested at Nov 2014 341 meeting of
creditors.
CURRENT @ $405/mo DP [MTA $1615 thru March]
Rec'd $405 in May (5/7/15). Last pmt before that was $410 in Nov 2014.
Drop dead?
2/19 Resp: Slowdown in work. Real estate property evaluation specialist slowdown in winter.
MTA thru March filed. Resume in April. Order contains drop dead language.
Resume by 4/30/15 or case dismissed.
Berger PM docket
May 12, 2015, 1:30 p.m.
14-22555 Vernon Samuel Welling, II
Judge: Robert D. Berger
Christopher R. Coons
Motion for Relief from Stay regarding 15624 Landauer Circle, Basehor, KS
66007. Filed on behalf of Creditor Wells Fargo Bank
DEBTR IS DQ 6 PAYMENTS IN THE AMNT OF $3876.12. (NOV 14 THROUGH APRIL 2015)THEY WANT
RELIEF TO BE ABLE TO FORECLOSE AND TAKE POSSESSION OF THE PROPERTY.
4/27 Resp: DEBTOR WILL W/D FROM 401K TO GET CURRENT.
Berger PM docket
May 12, 2015, 1:30 p.m.
15-20075 Justin Lee Pate
Judge: Robert D. Berger
Hilliard L Moore
Motion for Relief from Co-Debtor Stay Regarding Barbara Pate Filed on
behalf of Creditor Harley-Davidson Credit
SEEKS RFS ON 2013 1200X FORTYEIGHT. DS PLAN STATES TO
SURRENDER.
4/9 Resp: D WILL FILE A MTN TO AMEND THE PLAN TO CHANGE THE
TREATMENT OF THE HARLEY TO BE PAID IN THE PLAN AND
SURRENDER THE MAZDA INSTEAD.
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