Post Conf Dismissal Judge DAVID JONES, Houston 09/29/2020 ... · Highlighted = H Claims August 18,...

Post Conf DismissalJudge DAVID JONES, HoustonWilliam E. Heitkamp, Trustee

August 18, 2020 9:00 am Highlighted = H Claims

Reset Dates:09/29/202010/27/202011/17/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

9:00 am

James Anderson Winston, II and

Alicia Marie Winston$2,500.00

EFT

$3,500.00 16-36334

2 Resets 1.40 Mos 7/20/20

$1,500.0012/9/16

ACOSTA, ALEX OUNIFORM MODIFICATION #92 FILED 6/23/2020

POST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENTDOC #84 FILED 4/2/2020

Mod was filed to cure arrears, add post-petition mortgage arrears to the plan, and extend the term from 60 to 75 months due to a loss of income related to

COVID-19. Mod works at less than 1%, but cannot be recommended until the first mod payments posts.

Motion to dismiss filed for non-payment. Partial or no payments posting. Last ePay payment posted 7/20/2020.

The mod payment is $2,500.Under the mod, Debtors are delinquent $3,500 (1.4 months).

If the mod is not approved, Debtors will be delinquent $13,786.32.

Trustee Recommends Dismissal.

Trustee Recommends Mod #92 be Denied.

44 of 75

CANDACE BASS$795.00

WO

$2,258.76 18-34838

9 Resets 2.84 Mos 6/24/20

$2,385.008/31/18

ACOSTA, ALEX OPOST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENTDOC #54 FILED 7/8/2019

Response #55 was filed on 7/24/2019.

Courtroom minutes from 7/21 states that the debtor is to make a regular payment plus $50. Debtor has not complied. Last payment posted 6/24/2020. Wage order

is not paying. Debtor pays with epay. Last payment posted 6/24/2020.

Recommend Dismissal.

24 of 60

DALE ANTHONY SWEENEY, JR. and KAYTRINA YVETTE

SWEENEY$2,900.00

EFT

$2,900.00 17-36113

0 Resets 1.00 Mos 6/23/20

$2,200.0011/3/17

AGUINAGA, JESSEUNIFORM MODIFICATION #116 FILED 7/10/2020

TRUSTEE’S OBJECTION TO MOD FILED 8/10/2020, DOC #122Mod was filed to cure arrears and extend the term from 60 to 84 months due to a loss of income related to COVID-19. Trustee objected because the modified plan improperly provides for the Remaining Claim of Tx DPS as a Post-Confirmation

Claim.

The modified plan improperly provides for the Remaining Claim of Conn's as a Post-Confirmation Claim.

Debtor has failed to provide proof of current income.

Trustee Recommends Mod #116 be Denied.33 of 84

Printed Thursday, August 13, 2020 @ 9:26 amHrg_List_Matter_Judge_DAVID JONES_all_5-2018 of 24



Reset Dates:09/29/202010/27/202011/17/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

The first mod payment of $2,900 was due 8/3/20 and has not posted. Under the mod, Debtor is delinquent $2,900 (1 month).

If the mod is not approved, Debtor will be delinquent $11,000.

TINA RAE CONYERS and

WILLIAM PATRICK CONYERS, JR.

$2,172.20 WO

$5,770.13 17-32819

1 Reset 2.66 Mos 8/12/20$388.95

5/2/17

BAIR, THOMAS EPOST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENTDOC #77 FILED 4/2/2020

No response filed. Case is on partial wage order. Employer is paying. Debtor is not sending the difference. Last payment posted 8/12/2020. Mod has not yet been

filed.


39 of 60

Mildred Nagelmueller$1,450.00

EFT

$300.00 16-34933

2 Resets 0.21 Mos 8/11/20

$1,150.0010/3/16

BAKER, REESE WUNIFORM MODIFICATION #120 FILED 7/18/2020Mod was filed to cure arrears, add post-petition mortgage and HOA arrears, add a reserve for post-mod HOA dues, and extend the term from 60 to 84 months due to a loss of income related to COVID-19. Mod works at 100% to general unsecured

creditors. Trustee's recommendation was filed with the court on 8/11/20.

Trustee Recommends Approval of Mod #120.46 of 84

Vergis Cockrell$390.00

WO

($71.52)16-35995

0 Resets -0.18 Mos 8/12/20$90.00

12/2/16

BAKER, REESE WUNIFORM MODIFICATION #74 FILED 7/17/2020Mod was filed to remove AC Autoplay LLC from the plan (no claim filed). Mod

works at 8% to general unsecured creditors. Trustee's recommendation was filed with the court on 8/6/20.


GRANGER H. REED$500.00

EFT

$500.00 17-33420

3 Resets 1.00 Mos 7/15/20$500.00

6/5/17

BAKER, REESE WAMENDED UNIFORM MODIFICATION #85 FILED 7/21/2020

AMENDED TRUSTEE’S OBJECTION TO MOD FILED 8/10/2020, DOC #912


Mod was filed to cure arrears, reduce the distribution to general unsecured creditors, and extend the term from 60 to 72 months due to a loss of income

related to COVID-19.

Trustee objected because the proposed modification fails to comply with the Court’s Order entered on 12/1/2017 (Doc #42), which requires that the modified

plan provide for a 100% payment to holders of general unsecured claims.



38 of 72




Reset Dates:09/29/202010/27/202011/17/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

Emergency Payment Reduction was filed 4/20/20, reducing payment to $0 for April and May.

Motion to dismiss filed for non-payment. No payments posted 4/20-7/20. Last ePay payment posted 7/15/2020.

The mod payment is $500, increasing to $1,180 in October 2020.Under the mod, Debtor is delinquent $500 (1 month).

Under the payment reduction, Debtor is delinquent $25,920 (6.8 mos).If the mod is not approved, Debtor will be delinquent $30,185.

SERENA and KRISTEN LEE

$4,165.00 WO

($2,642.38)18-36022

3 Resets -0.63 Mos 8/5/20

$856.1610/30/18

BAKER, REESE WAMENDED UNIFORM MODIFICATION #133 FILED 7/30/2020

TRUSTEE’S OBJECTION TO MOD FILED 8/10/2020, DOC #143


Mod was filed to cure arrears, add post-petition mortgage arrears to the plan and add an Emergency Savings Fund. Trustee objected because the plan requires

pro-rata distribution of funds to a creditor whose claim is secured by a lien on an automobile and therefore fails to provide sufficient adequate protection.

Schedule I fails to accurately reflect the Debtor’s current income.

Debtors have failed to provide documentation to support expenses listed on Schedule J.

Motion to dismiss filed for non-payment. Case is on 2 wage orders. Both employers are paying. Debtors are not sending extra. Last wage order payment

posted 8/5/20.

The mod payment of $4,165 is due 8/29/20 and has posted. If the mod is not approved, Debtor will be delinquent $6,567.39.



22 of 60




Reset Dates:09/29/202010/27/202011/17/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

MICAH DOBBS$665.00EFT WO

$1,323.44 19-31937

2 Resets 1.99 Mos 6/24/20$665.00

4/3/19

BAKER, REESE WPOST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENTDOC #69 FILED 4/2/2020

No response filed. Employer stopped paying in August 2019. Debtor has been paying with money gram. Last payment posted 6/24/2020. Case is 2 payments

behind through August. Next payment due Sept. 3rd.


16 of 60

Samuel Michael Conner

$1,300.00EFT

$6,500.00 15-36161

0 Resets 5.00 Mos 2/24/20

$1,300.0011/25/15

BLACK, J THOMASPOST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENTDOC #137 FILED 7/1/2020


Debtor had several insufficient ACH drafts and the ACH was terminated in June. The last good payment was on 2/24/2020.


57 of 60

Paul Lacarlus and Lawanda Sue Ware

$3,200.00EFT

$6,300.00 17-31279

4 Resets 1.97 Mos 8/4/20

$1,250.003/3/17

BLACK, J THOMASAMENDED UNIFORM MODIFICATION #146 FILED 7/21/2020

AMENDED TRUSTEE’S OBJECTION TO MOD FILED 8/10/2020, DOC #156Mod was filed to cure arrears, add post-petition mortgage arrears to the plan, add post-petition taxes for Harris County Mud #285 and Galena Park ISD, and extend

the term from 60 to 84 months due to a loss of income related to COVID-19.

Trustee objected because the proposed modification fails to comply with the Court’s Order entered on 4/2/2018 (Doc #99), which requires that the modified plan

provide for a 100% payment to holders of general unsecured claims.

The modified plan fails to provide for the Notice of Postpetition Mortgage Fees and Expenses filed by Wells Fargo Bank in the amount of $3,628 for hazard insurance.

The mod payment is $3,250.Under the mod, Debtors are delinquent $6,300 (2 months).

If the mod is not approved, Debtors will be delinquent $21,233.75.


TOYA DIANE MCSHAN$225.00

WO

$362.50 17-33911

4 Resets 1.61 Mos 7/20/20$325.00

6/27/17



Courtroom minutes from 7/21/2020 state that the debtor is to make a regular payment plus half of $137.50. Debtor has not complied. Last payment posted


38 of 60




Reset Dates:09/29/202010/27/202011/17/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

7/20/2020.

Wage order is not paying. Debtor pays with epay.

DONALD CHARLES and BARABARA ANN PETERSON

$1,225.00 WO

$5,825.00 17-34832

2 Resets 4.76 Mos 7/20/20

$1,000.008/7/17



Wage order is not working. Debtors make sporadic epayments. Since the previous dismissal hearing on 7/21, no payments have posted. Last payment posted

7/20/2020.


36 of 60

JOHN PAUL SUAREZ, JR.

$2,200.00EFT

($2,200.00)19-31587

4 Resets -1.00 Mos 7/23/20

$2,200.003/25/19

BLACK, J THOMASUNIFORM MODIFICATION #77 FILED 6/22/2020



Mod was filed to cure arrears, add post-petition mortgage arrears to the plan, and extend the term from 60 to 70 months due to a loss of income related to

COVID-19.

Trustee objected because the Debtor has failed to provide current proof of income.

Motion to dismiss filed for non-payment. Debtor pays with epay. Last payment posted was on 7/23/2020.

The first mod payment of $2,200 was due 7/24/20 and has posted.If the mod is not approved, Debtor will be delinquent $3,300.



17 of 84

JOSE LUIS and MIRIAM ARACELY

BANDA$1,750.00

EFT

$1,750.00 19-34787

1 Reset 1.00 Mos 4/3/20

$1,000.008/27/19

BURGER, JOHN VAMENDED UNIFORM MODIFICATION #80 FILED 7/15/2020Mod was filed to cure arrears, provide for Agreed Order #60 with Kingbird entered

4/14/20, Agreed Order #68 with Rental Access entered 5/11/20, and Agreed Order #69 with FT Financials entered 5/11/20. The mod also extends the plan term from

60 to 84 months due to a loss of income and additional expenses related to COVID-19.

Mod works at 100% to general unsecured creditors, but cannot be recommended





Reset Dates:09/29/202010/27/202011/17/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

until the first mod payment posts.

Last ePayment of $1,000 posted 4/3/20.

The first mod payment of $1,750 was due 7/20.Under the mod, Debtor is delinquent $1,750 (1 month).


Erica Nicole Brown$1,100.00

WO

$1,992.05 15-35692

4 Resets 1.81 Mos 7/27/20$700.00

10/30/15

CHEUNG, WAI PINGPOST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENTDOC #79 FILED 1/17/2020

No response filed. August 2020 is month #58 from a 60 month plan. Base balance is $5,292.05 (4.8 payments). Wage order is not paying. Debtor pays with epay.

Last payment posted 7/27/2020.

Statement of Payment Reduction #82 filed on 4/3/2020 reduced payments to $800 per month for March, April and May 2020. Case is behind $1,092.05 per the

statement of payment reduction.


58 of 60

NILDA RAQUEL and ROBERT COMER

OLIVER$1,400.00

WO

($753.88)17-33065

1 Reset -0.54 Mos 8/6/20

$323.085/17/17

DAVIS-SMITH, SHELLY M

AMENDED UNIFORM MODIFICATION #49 FILED 8/10/2020

AMENDED TRUSTEE’S OBJECTION TO MOD FILED 8/11/2020, DOC #54Mod was filed to surrender the 2011 Dodge Ram to Americredit (inoperable).

Trustee objected because no certificate of service has been filed with the court showing that appropriate notice of the proposed modification has been given.

The modified plan fails to list the correct Remaining Claim amount for Conn’s.

Debtor has failed to file a proposed amended wage order or electronic payment mechanism consistent with the proposed modification in compliance with BLR

3015-1(c)(1).

The Debtors do not appear to be paying all of their disposable income into the plan.

The mod payment is $1,400 and Debtors are current under the mod.





Reset Dates:09/29/202010/27/202011/17/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

Janis Parker$2,225.00

WO

$7,062.50 15-32271

2 Resets 3.17 Mos 8/7/20

$500.004/28/15

DEAL, RICK JPOST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENTDOC #82 FILED 4/2/2020

No response filed. August 2020 is month #64 from a 60 month plan. Base balance is $7,062.50 (3.1 payments). New wage order was mailed to employer on

4/28/2020 but employer hasn't paid. Last payment was a money order for $500 on 8/7/2020.

Courtroom minutes from 7/21/2020: The Debtor to make a direct mortgage payment and a payment of $500.00 to the Trustee.

Debtor has complied in making the $500 payment to the Trustee.


64 of 60

Courtney Watkins$1,784.00

WO

$3,653.32 15-33720

2 Resets 2.05 Mos 7/28/20$992.00

7/9/15

Dove, Ryan JPOST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENTDOC #78 FILED 1/17/2020

Case is on wage order for $200 extra per month. Employer is paying. Debtor is not making any direct payments. August 2020 is month #61 from 60 month plan.

Base balance is $3,653.32 (2.1 payments).



61 of 60

GINA LYNN PENN$1,350.00

EFT

$1,350.00 19-34931

2 Resets 1.00 Mos 7/13/20$550.00

8/30/19

FERGUSON, JAMES T


AMENDED TRUSTEE’S OBJECTION TO MOD FILED /2020, DOC #


Mod was filed to cure arrears, add post-petition mortgage arrears and to extend the term from 60 to 84 months due to a loss of income related to COVID-19.

Trustee objected because the proposed modification is deficient to pay all secured and priority claims.

The modified plan fails to provide for the correct ongoing mortgage payment amount for months 71-84.

The proposed modification improperly characterizes the claim of Selene Finance Lp, for post-petition mortgage arrears as a Total Debt Claim.



12 of 84




Reset Dates:09/29/202010/27/202011/17/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

9:00 am

The modified plan fails to provide for the correct Remaining Claim amount for North Mission Bend, and improperly characterizes the claim as a Post-Confirmation

Claim.


3015-1(c)(1).


Motion to dismiss filed for non-payment. Partial or no payments posted 2/20-6/20. Last ePay payment posted 7/13/20.

The mod payment of $1,350 was due 6/29/20 and has posted.Under the mod, Debtor is delinquent $1,350 (1 month).


RUDOLPH R and KATHY BUENTEO

$1,200.00EFT

$1,100.00 19-36736

1 Reset 0.92 Mos 7/24/20

$1,200.0012/3/19

FERGUSON, JAMES T

AMENDED UNIFORM MODIFICATION #47 FILED 7/6/2020Mod was filed to surrender the leased 2018 Lexus RX350 to Toyota Motor Credit.

Mod also adds the 2019 Toyota Tundra to the plan, and reduces the distribution to general unsecured creditors. Mod works at 9% to general unsecured creditors.

Trustee's recommendation was filed with the court 8/12/20.

Trustee Recommends Approval of Mod #478 of 60

Larry Kenneth Harris and Elissa Dashone

Rayford-Harris$400.00

WO

$2,400.00 15-34385

2 Resets 6.00 Mos 1/29/20$400.00

8/19/15

FRANKLIN, PAMELA J


No response filed. August 2020 is month #60 from a 60 month plan. Base balance is $2,800.00 (7 payments). Case is on wage order for the full amount but employer is not paying. Last payment posted 1/29/2020. Courtroom minutes from 7/21 state

that debtor is to make a payment of $400 prior to the hearing. Debtors have not complied.


60 of 60

Buster B. Malone$1,917.69

EFT

$8,876.66 16-36690

21 Resets 4.63 Mos 7/27/20$800.00

12/30/16

GOODE, ROLFE WPOST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENTDOC #91 FILED 10/3/2018

No response filed. Debtor pays with epay. Last payment posted 7/27/2020. Mod has not been filed.


44 of 60

10:00 amPrinted Thursday, August 13, 2020 @ 9:26 amHrg_List_Matter_Judge_DAVID JONES_all_5-2018 of 24

Post Conf DismissalJudge DAVID JONES, HoustonWilliam E. Heitkamp, TrusteeAugust 18, 2020 10:00 am Highlighted = H Claims

Reset Dates:09/29/202010/27/202011/17/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

10:00 am

MICHAEL A BUSTOS$2,010.00

EFT

($1,000.00)18-35392

2 Resets -0.50 Mos 7/28/20

$1,000.009/28/18

GUERRA, RICARDOAMENDED UNIFORM MODIFICATION #113 FILED 7/15/2020



Mod was filed to cure arrears and extend the term from 60 to 84 months due to a loss of income related to COVID-19. Trustee objected because the proposed

modification is deficient to pay all secured and priority claims.

The proposed modification fails to provide for all ongoing mortgage payments inasmuch as the payment to Nationstar Mortgage for 7/2020 is omitted from the

plan.

The modified plan fails to provide for the correct monthly ongoing mortgage payment amount for months 82-84.

The plan requires pro-rata distribution of funds to a creditor whose claim is secured by a lien on an automobile and therefore fails to provide sufficient adequate

protection.

The modified plan fails to provide for the correct Remaining Claim amounts for Capital One Finance, Villages of Bear Creek HOA, and Conn’s Home Plus.

The modified plan fails to reflect the correct amount of pre-mod distributions to secured and priority creditors in the Summary.


3015-1(c)(1).


The Debtor has failed to provide documentation to support the expenses on Schedule J.



23 of 84



Reset Dates:09/29/202010/27/202011/17/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

10:00 am

Motion to dismiss filed for non-payment. Debtor pays with personal checks. Since the previous dismissal hearing on 7/21/2020, one personal check for $1000 posted

on 7/28/2020.

The mod payment is $2,010.Debtor has not made the first mod payment, however it’s not due until 8/28/20.

If the mod is not approved, Debtor will be delinquent $8,936.22.

QUINTRESS DANYA DIXON, SR. and TRICIA DENISE

STEWART$2,436.33

WO

$3,952.54 17-34252

0 Resets 1.62 Mos 8/12/20$281.11

7/10/17

GUZMAN, ELOISE ACHAPTER 13 TRUSTEE'S MOTION TO MODIFY PLAN #67 FILED 6/24/2020Trustee's motion to modify was filed seeking to disburse funds on reserve for

Imperial Ridge HOA, Inc. and Snap Finance to other allowed claims because no proof of claim was filed on behalf of either creditor.

On 7/8/2020 Debtor filed proofs of claim on behalf of Imperial Ridge HOA, Inc. for $383.12 and on behalf of Snap Finance for $1,623.75.

Trustee's motion to modify was withdrawn on 7/10/2020 at #69.

Moot - Withdrawn

37 of 60

ABEL GONZALES ALVAREZ$1,575.00EFT WO

$3,094.31 18-34931

12 Resets 1.96 Mos 8/10/20

$1,675.009/1/18

GUZMAN, ELOISE APOST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENTDOC #61 FILED 7/8/2019

No response filed. Debtor pays with epay. Courtroom minutes from 7/21/2020 state that debtor is to make a regular payment plus $100. Debtor has complied.



23 of 60

Mark Roland and Victoria Thigpen

Dieter$250.00

No Pmt info

$1,000.00 16-31513

0 Resets 4.00 Mos 3/23/20$250.00

3/30/16

KEELING, KENNETH A


Response of No Opposition #61 was filed on 7/29/2020.

ACH was terminated in June due to insufficient drafts. The last good payment was on 3/23/2020.


53 of 60

Leon Bernard and Corine Louise

Straughter$2,034.93

WO

$1,572.63 16-32224

0 Resets 0.77 Mos 8/12/20$469.60

4/30/16

KEELING, KENNETH A

CHAPTER 13 TRUSTEE'S MOTION TO MODIFY PLAN #58 FILED 6/25/2020Trustee moves the court to modify the confirmed plan and would show that among the secured creditors to be paid under the confirmed plan is a secured debt that is, according to the schedules and plan, owed to Conns Credit Corp for account ending in #1332 for a “Television.” Trustee has been reserving funds for Conns

Credit Corp for account ending in #1332; however, no proof of claim has been filed on behalf of Conns Credit Corp, and Trustee has not disbursed any of those

Trustee Rcmds Special Order Uploaded at #58

52 of 60



Reset Dates:09/29/202010/27/202011/17/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

10:00 am

reserved funds.

Trustee seeks a modification of the plan to disburse the funds on reserve for Conns Credit Corp for account ending in #1332 in accordance with the confirmed

plan to other allowed claims.

Trustee requests the Court waive the requirement to file a proposed modified plan and plan summary pursuant to Local Rule 3015-1(c).

No Response filed.

Trustee recommends special order uploaded at #58.

DAWNYHETTA MONIQUE GRIFFIN

$1,030.00 WO

$3,087.29 17-35203

1 Reset 3.00 Mos 6/23/20

$2,870.009/2/17

KEELING, KENNETH A


Response #76 was filed on 5/7/2020. Epay account has been locked due to insufficient payments. Employer hasn't paid since 5/15/2020. Last payment

posted 6/23/2020. Mod has not yet been filed.

Statement of Payment Reduction #71 filed 4/2/2020 reduced payments to $530 monthly for March, April & May. Case is behind $1,587.29 through August under

the statement of payment reduction.


35 of 60

MARTHA LATETA ANDERSON

$1,778.61EFT WO

$7,491.80 18-36260

3 Resets 4.21 Mos 6/19/20

$1,000.0011/5/18

KEELING, KENNETH A


Statement of Payment Reduction #60 filed on 4/17/2020 reduced payments for March, April & May to $382.56. Case is behind $3,276.80 through August per the


Case is on part wage order and part EFT. Wage order has not paid since 4/14/2020. EFT order #62 outlines the payment amounts for March through May 2020 at $382.56 and increases for June through December 2020 at $2,388.70 for

Debtors to get current. ACH draft has been terminated as it has been replaced by the EFT order. Last payment posted 6/19/2020.


21 of 60



Reset Dates:09/29/202010/27/202011/17/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

10:00 am

BRENDAN JARRIEL HOLST

$1,800.00 WO

$353.86 19-30093

2 Resets 0.20 Mos 8/10/20$415.38

1/7/19

KEELING, KENNETH A




Mod was filed to cure arrears, add post-petition mortgage arrears, reduce the distribution to general unsecured creditors, and extend the term from 60 to 84 months due to a loss of income and related to COVID-19. Mod also surrenders

Conn's (laptop and kitchen table), United Consumer Financial Services (vacuum), and United Energy Credit Union (2012 BMW S1000RR).

Trustee objected because the proposed modification fails to comply with the Court’s Order entered on 6/11/2019 (Doc #64), which requires that the modified

plan provide for a 100% payment to holders of general unsecured claims.

The Debtor does not appear to be paying all of his disposable income into the plan.

The Debtor has failed to provide documentation to support the expenses on Schedule J.

Emergency Payment Reduction was filed 4/20/20, reducing payment to $0 for March, April, and May.

Motion to dismiss filed for non-payment. Case is on wage order for the full monthly amount. Employer is sending weekly payments. Last payment posted 8/10/2020.

The mod payment of $1,800 due 7/6/20 has posted. The Debtor is current under the mod.

Under the payment reduction, Debtor is delinquent $4,038.86.If the mod is not approved, Debtor will be delinquent $6,513.86.



19 of 84



Reset Dates:09/29/202010/27/202011/17/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

10:00 am

SAMANTHA KATE POWERS$955.00

WO

($550.00)19-34017

2 Resets -0.58 Mos 7/29/20$455.00

7/22/19

KEELING, KENNETH A

AMENDED UNIFORM MODIFICATION #62 FILED 7/17/2020Mod was filed to cure arrears and add post-petition mortgage arrears to the plan. Mod works at 9% to general unsecured creditors. Trustee's recommendation was

filed with the court on 8/12/20.

TRUSTEE REQUESTS ENTRY OF AGREED ORDER AT DOC #74.

Trustee Recommends Approval of Mod #62 - WITH AGREED ORDER AT DOC #74.

13 of 60

PATTI ANN TAYLOR$1,231.19

No Pmt info

$5,707.38 19-34278

1 Reset 4.64 Mos 7/9/20

$300.008/3/19

KEELING, KENNETH A



ACH was terminated in in July due to insufficient drafts. The last good payment that posted was an epayment for $300 on 7/9/2020.


12 of 60

Donald R Legier$2,297.70

WO

$1,040.62 15-30877

4 Resets 0.45 Mos 7/21/20$250.00

2/12/15

KIM, MIN GYUPOST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENTDOC #92 FILED 3/5/2020


August 2020 is month #66 from a 60 month plan. Base balance is $1,040.62 (0.4 payment). Wage order is not paying. Debtor pays with personal checks. Since the previous dismissal hearing on 7/21/2020, no further payments have posted.



66 of 60

11:00 am

Michael J. and Ora Fitzsimmons

$1,750.00EFT

($430.00)17-30592

1 Reset -0.25 Mos 7/17/20

$1,750.002/2/17

MILLS, COREY LUNIFORM MODIFICATION #110 FILED 6/18/2020


POST CONFIRMATION TRUSTEE'S MOTION TO DISMISS FOR NON-PAYMENT

DOC #104 FILED 4/2/2020Mod was filed to reduce the plan payment for six months, cure arrears, add

post-petition mortgage arrears, and extend the term from 60 to 75 months due to a loss of income related to COVID-19.

Trustee objected because the Debtor has failed to file the Covid-19 Supplement and Declaration to Uniform Modification.



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Reset Dates:09/29/202010/27/202011/17/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

11:00 am

The modified plan fails to reflect the correct Remaining Claim amount for Texas Comptroller.

The proposed monthly payments to Nissan Motor Acceptance for months 41-46 are not sufficient to pay adequate protection on the vehicle.

The Debtor has failed to file a proposed amended wage order or electronic payment mechanism consistent with the proposed modification in compliance with

BLR 3015-1(c)(1).

Motion to dismiss filed for non-payment. No payments posted 2/20-5/20. Last ePay payment posted 7/17/20.

The mod payment is $1,750, increasing to $2,450 effective 1/2021.Debtors are current under the mod.

If the mod is not approved, Debtors will be delinquent $13,070.

RALPHEL JOHNSON, JR and

DEBRA A JOHNSON$1,599.00

WO

$1,595.60 17-34762

0 Resets 1.00 Mos 7/21/20$799.50

8/2/17

MORRISON, CHRISTOPHER

UNIFORM MODIFICATION #72 FILED 6/23/2020Mod was filed to cure arrears, add post-petition mortgage arrears, and extend the

term from 60 to 84 months due to a loss of income related to COVID-19. Mod works at 2% to general unsecured creditors. Trustee's recommendation was filed

with the court on 8/7/20.


VILMARIE TORRES$3,510.00

EFT

$2,710.00 18-30548

0 Resets 0.77 Mos 8/13/20

$2,710.002/6/18


UNIFORM MODIFICATION #59 FILED 7/2/2020Mod was filed to cure arrears, add post-petition mortgage arrears, and extend the

term from 60 to 84 months due to a loss of income related to COVID-19. Mod works at 3% to general unsecured creditors, but cannot be recommended until the

first mod payment posts.

Emergency Payment Reduction was filed 4/14/20, reducing payments to $750 for March, April, and May.

The first mod payment of $3,510 was due 8/8/20.Under the mod, Debtor is delinquent $2,710.

Under the payment reduction, Debtor is delinquent $9,061.54 (2.5 mos).




Reset Dates:09/29/202010/27/202011/17/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

11:00 am

If the mod is not approved, Debtor will be delinquent $17,321.53. Last ePay payment posted 7/20/20.

KELVIN DARNELL WILCHER$1,555.41

EFT

$7,752.46 18-35658

0 Resets 4.98 Mos 3/4/20

$1,555.4110/8/18



Debtor's response of No Opposition #37 was filed on 7/2/2020. Debtor is deceased. No payment posted since 3/4/2020.


22 of 60

DEREK D. RYAN$540.00

EFT

$540.00 18-36383

0 Resets 1.00 Mos 7/15/20$540.00

11/12/18


UNIFORM MODIFICATION #45 FILED 6/29/2020Mod was filed to cure arrears and extend the term from 60 to 84 months due to a

loss of income related to COVID-19. Mod works at 1% to general unsecured creditors. Trustee's recommendation was filed with the court on 8/5/20.


GARY and VERLONDA S.

HAYWOOD$2,131.49

EFT

$2,515.63 18-30434

5 Resets 1.18 Mos 8/11/20

$2,131.492/2/18

MOUGHON, REBECCA M.


Statement of Payment Reduction #61 filed on 4/2/2020 reduced payments to $1,000.00 per month for March, April & May 2020. Case is current under the


Debtors pay with TFS. Last payment posted 8/11/2020. Case is behind 1.1 payment through August with next payment due Sept. 4th.


30 of 60

ESPERANZA GONZALEZ

$950.00 ACH

$0.00 19-35492

2 Resets 0.00 Mos 7/30/20$950.00

9/30/19

PARKER, H BRADAMENDED UNIFORM MODIFICATION #60 FILED 7/17/2020



Mod was filed to cure arrears. Trustee objected because the modified plan fails to provide for the 2019 taxes owed to Spring Independent School District.

Motion to dismiss filed for non-payment. ACH draft was returned for insufficient funds in March. The last good payment was an epayment for $950 on 7/30/2020.

The mod payment is $950 and Debtor is current under the mod.If the mod is not approved, Debtor will be delinquent $4,080.



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Reset Dates:09/29/202010/27/202011/17/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

11:00 am

Jorge A. Villalobos$1,210.00

EFT

$10.00 17-30030

5 Resets 0.01 Mos 7/17/20

$1,210.001/2/17

PAYNE, KYLE KENNETH


AMENDED TRUSTEE'S OBJECTION TO MOD FILED 8/10/2020, DOC #151


Mod was filed to provide for the claims filed post-confirmation by Pasadena ISD, surrender the 2002 Trailblazer to TitleMax, end deposits into the emergency

savings fund, and add a reserve for post-mod ad valorem taxes.

Trustee objected because the modified plan fails to fully provide for claim #6 filed by Harris County on 6/22/20.

On 6/16/20, Harris County filed an objection to the mod, stating that Debtor has incurred post-petition taxes for 2019 which remain unpaid.

Motion to dismiss filed for non-payment. Debtor pays via TFS, but there have been several months in which no payments have posted. Last payment posted

7/17/2020.

The mod payment is $1,210 and Debtor is current under the mod.If the mod is not approved, Debtor will be delinquent $1,180.



43 of 60

GLORIA CAROLE KNUTSEN

$485.00EFT

$485.00 17-34686

2 Resets 1.00 Mos 6/2/20

$380.007/31/17

PAYNE, KYLE KENNETH

UNIFORM MODIFICATION #68 FILED 7/6/2020



Mod was filed to cure arrears. Trustee objected because the Debtor has failed to file amended Schedules I and J in compliance with BLR 3015-1(c)(3).


3015-1(c)(1).



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Reset Dates:09/29/202010/27/202011/17/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

11:00 am


Debtor has been making sporadic epayments. Last payment posted 6/2/2020.

The first mod payment of $485 was due 7/28/20.Under the mod, Debtor is delinquent $485 (1 month).


MANUEL BERRY$1,600.00

EFT

$0.00 18-34062

8 Resets 0.00 Mos 8/13/20$200.00

7/24/18

PAYNE, KYLE KENNETH


AMENDED TRUSTEE'S OBJECTION TO MOD FILED 7/14/2020, DOC #79


Mod was filed to cure arrears and extend plan term from 60 to 84 months due to a loss of income related to COVID-19.

Trustee objected because the proposed modification fails to fully provide for claim #9 filed by Harris County on 6/24/20.

The modified plan fails to provide for the correct amount of pre-mod deposits into the Ad Valorem Tax Reserve.

Debtor has failed to file the COVID 19 Supplement and Declaration to Uniform Modification.

Debtor has failed to file amended Schedules I and J in compliance with BLR 3015-1(c)(3).


3015-1(c)(1).

On 6/16/20, Harris County filed an objection to the mod, stating that Debtor has incurred post-petition taxes for 2019 which remain unpaid.

Trustee Recommends Amended Mod #74 be Denied.


25 of 84



Reset Dates:09/29/202010/27/202011/17/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

11:00 am

Motion to dismiss filed for non-payment. Debtor pays via ePay but there have been several months in which only partial payments (or no payments) have posted. Last

payment posted 7/21/2020.

The mod payment is $500, increasing to $1,600 in 8/2020.Debtor is current under the mod.


Kimberly Ann Monroy$515.00

EFT

$1,030.00 16-30579

5 Resets 2.00 Mos 6/22/20$100.00

2/1/16

ROOT, THOMAS MUNIFORM MODIFICATION #143 FILED 6/17/2020


Mod was filed to remove the mortgage based on the non-filing spouse refinancing both the 1st and 2nd lien mortgages, and reduce the term from 60 to 56 months (ending the plan 10/2020). Mod works at 100% to general unsecured claims, but cannot be recommended until an amended EFT order is filed and payments are

brought current under the mod.

Motion to dismiss filed for non-payment. Debtor pays via ePay. No payments posted from 10/2019-5/2020. Last payment of $100 posted 6/22/2020.

The mod payment is $515. Under the mod, Debtor is delinquent $1,030 (2 months).




54 of 56

MYYSHA EDWARDS-NELSO

N$1,990.00EFT WO

($2.31)19-31266

2 Resets 0.00 Mos 8/6/20

$692.313/4/19

Sargent, Emil RAMENDED UNIFORM MODIFICATION #105 FILED 7/19/2020

TRUSTEE'S OBJECTION TO MOD FILED 8/11/2020, DOC #111

POST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENT DOC #76 FILED 1/20/2020

Mod was filed to cure arrears and extend the plan term from 60 to 84 months due to a loss of income related to COVID-19.

Trustee objected because the modified plan fails to provide for the correct amount of post-petition arrears to LoanCare.



17 of 84



Reset Dates:09/29/202010/27/202011/17/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

11:00 am

The Summary fails to reflect the correct amount of pre-modification distributions to secured creditors.

The provision in paragraph 1B of the modified plan is inconsistent with paragraph 14.

The proposed plan payment for months 17-28 is insufficient to fund the fixed payments provided for in those months.

Schedule 23 of the modified plan fails to reflect deposits into the Reserve for months 61-84.


3015-1(c)(1).


Motion to dismiss filed for non-payment. Wage order was paying up until 8/2019. Debtor has been paying via TFS but there have been several months in which only

partial payments have posted. New wage order has begun paying on 8/6/2020.

The mod payment is $1,990, increasing to $2,600 in 8/2021.Debtor is current under the mod.


Thomas Blaise Plant$1,547.29

WO

$2,106.43 16-35496

0 Resets 1.36 Mos 8/7/20

$681.0410/31/16

SOUTHWARD, ERICCHAPTER 13 TRUSTEE'S MOTION TO MODIFY CONFIRMED PLAN #78 FILED 6/23/2020

Trustee moves the Court and would show among the secured creditors to be paid under the confirmed plan is a secured debt that is, according to the schedules and

plan, owed to Harris County for “Property Taxes – 2016.” Trustee has been reserving funds for Harris County; however, no proof of claim has been filed on behalf of Harris County, and Trustee has not disbursed any of those reserved

funds. Additionally, among the secured creditors to be paid under the confirmed plan is a secured debt that is, according to the schedules and plan, owed to

Shasia P.U.D. for "Public Utility District.” Trustee has been reserving funds for


46 of 60



Reset Dates:09/29/202010/27/202011/17/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

11:00 am

Shasia P.U.D.; however, no proof of claim has been filed on behalf of Shasia P.U.D., and Trustee has not disbursed any of those reserved funds.

Trustee seeks a modification of the plan to disburse the funds on reserve for Harris County and Shasia P.U.D. in accordance with the confirmed plan to other allowed

claims.

Trustee requests the Court waive the requirement of filing a proposed modified plan and plan summary pursuant to Local Rule 3015-1(c).

No response filed.

Trustee recommends special order uploaded at #78.

GERALD LEMONTE and KIMBERLY ANNE MELTON

$1,200.00EFT

$8,034.23 19-35041

3 Resets 6.70 Mos 7/8/20

$1,500.009/5/19

SOUTHWARD, ERICPOST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENTDOC #51 FILED 2/27/2020


Statement of Payment Reduction #53 was filed on 4/21/2020. Reduced payments for March, April & May to $0. Case is behind $4,434.23 through August per the


Debtors pay with TFS. Last payment posted 7/8/2020.


11 of 60

Santa Lucia Mendez$225.00

EFT

$0.00 16-30136

0 Resets 0.00 Mos 8/7/20

$225.001/4/16

THOMAS, BETSY DAMENDED UNIFORM MODIFICATION #77 FILED 8/10/2020Mod was filed to cure arrears and extend the term from 60 to 69 months due to a loss of income related to COVID-19. Mod works at 100% to general unsecured


TRUSTEE REQUESTS M4 ORDER.

Trustee Recommends Approval of Mod #77 - WITH M4 ORDER.

55 of 69

CHARLES ANTHONY SHAW

$420.00EFT WO

$1,710.75 17-35975

4 Resets 4.07 Mos 7/29/20$240.00

10/27/17

CORRAL TRAN SINGH LLP


No response filed. Case is on a wage order for the full amount plus $100. Employer is paying the increased amount. Last payment posted 7/29/2020.


34 of 60



Reset Dates:09/29/202010/27/202011/17/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

11:00 am

ANTONIO CELESTINO

BATZ-ALVARADO$1,000.38

EFT

$0.00 17-36517

7 Resets 0.00 Mos 7/28/20

$1,000.3812/2/17


AMENDED UNIFORM MODIFICATION #91 FILED 8/7/2020Mod was filed to cure arrears, change the treatment of 2013 Casita LLC from an ongoing mortgage to a total debt, add a reserve for ad valorem taxes, and extend the term from 60 to 68 months due to a loss of income related to COVID-19. Mod works at 100% with no general unsecured claims filed. Trustee's recommendation

was filed with the court on 8/11/20.


LLEWELLYN CHARLES DUNN

$635.00 WO

$1,390.00 18-32461

1 Reset 2.19 Mos 8/13/20

$1,200.005/7/18




Wage order is not paying. Debtor makes sporadic epayments. Since the previous dismissal hrg on 6/23. epayment for $755 posted on 8/3. This is a regular payment

plus $120.


27 of 60

George and Christy G. Gandar$1,745.00

EFT

$0.00 16-33103

0 Resets 0.00 Mos 7/14/20$700.00

6/21/16

TRUEBA, PHILLIP HENRY

AMENDED UNIFORM MODIFICATION #112 FILED 8/7/2020Mod was filed to cure arrears, add post-petition mortgage arrears and extend the

term from 60 to 84 months due to a loss of income related to COVID-19. Mod works at 2% to general unsecured creditors. Trustee's recommendation was filed

with the court on 8/11/20.


Millicent Thomas$200.00

EFT

($200.00)15-33457

6 Resets -1.00 Mos 7/27/20$300.00

6/30/15

VASQUEZ, REGINAAMENDED UNIFORM MODIFICATION #127 FILED 7/9/2020Mod was filed to cure arrears and extend the term from 60 to 82 months due to a

loss of income related to COVID-19. Mod works at 2% to general unsecured creditors. Trustee's recommendation was filed with the court on 7/29/20.

A Proposed Order Approving Chapter 13 Plan Modification was uploaded on 7/30/20 (doc #138).


Juan Ramon and Bertha Duenez

$2,031.58 WO

($1,464.07)16-36048

0 Resets -0.72 Mos 8/13/20$581.45

12/3/16

VASQUEZ, REGINACHAPTER 13 TRUSTEE'S MOTION TO MODIFY CONFIRMED PLAN #80 FILED 6/24/2020

Trustee moves the court to modify the confirmed plan and would show among the secured creditors to be paid under the confirmed plan is a secured debt that is, according to the schedules and plan, owed to Midwest Finance of Odessa for a “Title Loan” for a “1999 Mitsubishi Mirage.” Trustee has been reserving funds for

Midwest Finance of Odessa; however, no proof of claim has been filed on behalf of Midwest Finance of Odessa, and Trustee has not disbursed any of those reserved

funds.


44 of 60



Reset Dates:09/29/202010/27/202011/17/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

11:00 am

Trustee seeks a modification of the plan to disburse the funds on reserve for Midwest Finance of Odessa in accordance with the confirmed plan to other

allowed claims.

Trustee requests the Court waive the requirement of filing a proposed modified plan and plan summary pursuant to Local Rule 3015-1(c).

No response filed.

Trustee recommends special order uploaded at #80

LARRINCIA RECHARD VOLCY

$350.00EFT

$0.00 18-34576

1 Reset 0.00 Mos 7/22/20$350.00

8/16/18

VASQUEZ, REGINAUNIFORM MODIFICATION #34 FILED 6/16/2020Mod was filed to cure arrears. Mod works at less than 1% to general unsecured


A Proposed Order Approving Chapter 13 Plan Modification was uploaded on 7/30/20 (doc #41).


DANIELLE DIONNE DWYER-LOCKETT

$2,155.25EFT WO

$3,307.84 16-36569

5 Resets 1.53 Mos 8/12/20$497.37

12/28/16

WESLEY-THOMAS, ALVA



Case is on a wage order for the full monthly amount. Employer is making weekly payments. Debtor is not sending extra. Last payment posted 8/12/2020.

Courtroom minutes from 7/21/2020 state that the debtor is to make a regular payment plus $300.00. Debtor has not complied. Since 7/21/2020, 3 weekly

payments from employer have posted.


44 of 60

DONNA WASHINGTON

$750.00EFT

$742.01 18-32169

2 Resets 0.99 Mos 7/29/20$6.00

4/27/18

WESLEY-THOMAS, ALVA



Debtor pays via TFS. Since the previous dismissal hearing on 7/21/2020, debtor has paid $756. This is 1 regular payment plus $6 extra. Last payment posted

7/29/2020.


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Reset Dates:09/29/202010/27/202011/17/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

11:00 am

Case is 1 payment behind through July with next payment due Aug. 27th.

ORDRY JOHNSON$600.00EFT WO

($767.32)18-34487

1 Reset -1.28 Mos 7/15/20

$1,176.928/8/18

WESLEY-THOMAS, ALVA

UNIFORM MODIFICATION #54 FILED 6/23/2020

AMENDED TRUSTEE'S OBJECTION TO MOD FILED 7/15/2020, DOC #59Mod was filed to reduce the plan term from 60 to 53 months, and reduce the

distribution to general unsecured creditors.

Trustee objects to the direct payment of United States of America acting through USDA-FSA. Trustee argues that Debtor may only make direct payments for

“secured debts on which there is no default.” As of the effective date of the plan, Debtor is in default of the pre-petition contract as more fully set forth in the

amended proof of filed on 3/26/19.

The proposed modification fails to comply with the Court’s Order entered on 12/4/2018 (Doc #44), which requires that the modified plan provide for a 100%

payment to holders of general unsecured claims.

The proposed monthly payments to Local 24 Employees Federal Credit Union are not sufficient to pay adequate protection on the vehicles.

The proposed plan payment is insufficient to fund the fixed payments shown in month 23.

Debtor has failed to provide proof of income.

The mod payment is $600 and Debtor is current under the mod.If the mod is not approved, Debtor will be current.


Friticia Javan Oliver$1,800.00

EFT

$0.00 16-33908

2 Resets 0.00 Mos 8/4/20

$1,800.008/2/16

WESTBROOK, NICHOLAS R

AMENDED UNIFORM MODIFICATION #96 FILED 7/17/2020Mod was filed to cure arrears, add post-petition HOA arrears, add a reserve for

post-mod HOA dues, and extend the term from 60 to 84 months due to a loss of income related to COVID-19. Mod works at 34% to general unsecured creditors.

Trustee's recommendation was filed with the court on 8/6/20.




Reset Dates:09/29/202010/27/202011/17/2020


No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt


Case Disposition

Attorney

11:00 am

SAMONE LAVETTE LEWIS

$11,425.00 WO

($10,000.00)18-34040

0 Resets -0.88 Mos 8/5/20

$5,000.007/23/18

WESTBROOK, NICHOLAS R

UNIFORM MODIFICATION #40 FILED 7/24/2020Mod was filed to reduce the term from 60 to 25 months, ending the plan 8/2020.

Mod works @ 100% to general unsecured creditors.

TRUSTEE REQUESTS M4 ORDER.

Trustee Recommends Approval of Mod #40 - WITH M4 ORDER.

25 of 25


Post Conf Dismissal Judge DAVID JONES, Houston 09/29/2020 ... · Highlighted = H Claims August 18,...

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