Post Conf Dismissal Judge DAVID JONES, Houston 10/27/2020 ... · Judge DAVID JONES, Houston William...

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Post Conf Dismissal Judge DAVID JONES, Houston William E. Heitkamp, Trustee September 29, 2020 9:00 am Highlighted = H Claims Reset Dates: 10/27/2020 11/17/2020 12/15/2020 Arrears Notes Recommendation No of Mos Debtor(s) # of R/S Case # Last Rcpt Plan Pmt Pmt Method Petition Dt Case Disposition Attorney 9:00 am James Anderson Winston, II and Alicia Marie Winston $2,500.00 EFT $5,000.00 16-36334 3 Resets 2.00 Mos 8/17/20 $1,000.00 12/9/16 ACOSTA, ALEX O UNIFORM MODIFICATION #92 FILED 6/23/2020 POST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENT DOC #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 case is brought current. Motion to dismiss filed for non-payment. Last ePay payment posted 8/17/2020. The mod payment is $2,500. Under the mod, Debtors are delinquent $5,000 (2 months). If the mod is not approved, Debtors will be delinquent $15,286.32. Trustee Recommends Dismissal. Trustee Recommends Mod #92 be Denied. 45 of 75 CANDACE BASS $795.00 WO $2,808.76 18-34838 10 Resets 3.53 Mos 8/20/20 $100.00 8/31/18 ACOSTA, ALEX O POST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENT DOC #54 FILED 7/8/2019 Response #55 was filed on 7/24/2019. Debtor pays with epay. Last payment posted 8/20/2020. Courtroom minutes from 8/18/20 state that the Trustee will be looking for payments to clear by 8/24/2020. Epayments of $145 posted on 8/18 and $100 posted on 8/20. No further payments. Trustee Recommends Dismissal. 25 of 60 JASON ALEXANDER and JAMIE LASCHELLE BOLDEN $4,875.00 WO ($1,952.88) 19-36791 0 Resets -0.40 Mos 9/20/20 $337.50 12/6/19 ACOSTA, ALEX O AMENDED UNIFORM MODIFICATION #71 FILED 8/28/2020 TRUSTEE’S OBJECTION TO MOD FILED 9/21/2020, DOC #74 Mod was filed to cure arrears, add post-petition mortgage arrears and incorporate a mortgage loan modification with Pennymac Loan Services. Trustee objected because the proposed modification purports to incorporate a mortgage loan modification which has not been executed by the mortgage company. Debtors have failed to complete Section 8.B. of the Uniform Plan. Debtors have failed to provide proof of current income. Trustee Recommends Mod #71 be Denied. 9 of 60 Printed Thursday, September 24, 2020 @ 9:54 am Hrg_List_Matter_Judge_DAVID JONES_all_5-2018 Page 1 of 23

Transcript of Post Conf Dismissal Judge DAVID JONES, Houston 10/27/2020 ... · Judge DAVID JONES, Houston William...

Page 1: Post Conf Dismissal Judge DAVID JONES, Houston 10/27/2020 ... · Judge DAVID JONES, Houston William E. Heitkamp, Trustee Highlighted = H Claims September 29, 2020 9:00 am Reset Dates:

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

September 29, 2020 9:00 am Highlighted = H Claims

Reset Dates:10/27/202011/17/202012/15/2020

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

$5,000.00 16-36334

3 Resets 2.00 Mos 8/17/20

$1,000.0012/9/16

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 case is brought current.

Motion to dismiss filed for non-payment. Last ePay payment posted 8/17/2020.

The mod payment is $2,500.Under the mod, Debtors are delinquent $5,000 (2 months).

If the mod is not approved, Debtors will be delinquent $15,286.32.

Trustee Recommends Dismissal.

Trustee Recommends Mod #92 be Denied.

45 of 75

CANDACE BASS$795.00

WO

$2,808.76 18-34838

10 Resets 3.53 Mos 8/20/20$100.00

8/31/18

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

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

Debtor pays with epay. Last payment posted 8/20/2020. Courtroom minutes from 8/18/20 state that the Trustee will be looking for payments to clear by 8/24/2020.

Epayments of $145 posted on 8/18 and $100 posted on 8/20. No further payments.

Trustee Recommends Dismissal.

25 of 60

JASON ALEXANDER and

JAMIE LASCHELLE BOLDEN$4,875.00

WO

($1,952.88)19-36791

0 Resets -0.40 Mos 9/20/20$337.50

12/6/19

ACOSTA, ALEX OAMENDED UNIFORM MODIFICATION #71 FILED 8/28/2020

TRUSTEE’S OBJECTION TO MOD FILED 9/21/2020, DOC #74Mod was filed to cure arrears, add post-petition mortgage arrears and incorporate

a mortgage loan modification with Pennymac Loan Services. Trustee objected because the proposed modification purports to incorporate a mortgage loan

modification which has not been executed by the mortgage company.

Debtors have failed to complete Section 8.B. of the Uniform Plan.

Debtors have failed to provide proof of current income.

Trustee Recommends Mod #71 be Denied.9 of 60

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Page 2: Post Conf Dismissal Judge DAVID JONES, Houston 10/27/2020 ... · Judge DAVID JONES, Houston William E. Heitkamp, Trustee Highlighted = H Claims September 29, 2020 9:00 am Reset Dates:

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

September 29, 2020 9:00 am Highlighted = H Claims

Reset Dates:10/27/202011/17/202012/15/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

9:00 am

The modified plan fails to provide for all requested attorney fees.

The mod payment is $4,875 and Debtors are current under the mod. If the mod is not approved, Debtors will be current.

MICHAEL LEONARD KOCH

$1,175.00 ACH

17-36203

0 Resets

11/7/17

AGUINAGA, JESSEUNIFORM MODIFICATION #60 FILED 8/10/2020

TRUSTEE’S OBJECTION TO MOD FILED 9/15/2020, DOC #65Mod was filed to reduce the plan payments for 6 months due to a loss of income

related to COVID-19.

Trustee objected because The modified plan is not feasible. Debtor’s Schedule J does not provide an allowance for future property taxes on the property located at

2602 Creek Shadow, Sugarland, Tx 77479.

The Debtors have failed to provide current proof of income.

The mod payment is $100, increasing to $1,175 in March 2021.Under the mod, Debtor is current.

If the mod is not approved, Debtor will be current.

Notice of Voluntary Conversion to Chapter 7 filed 9/18/20 (doc #66).

Trustee Recommends Mod #60 be Denied.Withdrawn

34 of 60

TAMIKA LASHUN HARRIS

$2,150.00 WO

($46.15)19-33597

0 Resets -0.02 Mos 9/18/20$46.15

6/28/19

AGUINAGA, JESSEAMENDED UNIFORM MODIFICATION #72 FILED 9/22/2020Mod was filed to cure arrears, add post-petition mortgage and HOA 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 documentation that supports the post-petition arrears to

Pinewood Association of Homeowners Inc is provided and the 1st mod payment posts.

Emergency Payment Reduction filed 4/21/20, reducing payment to $100 for March, April and May.

The mod payment is $2,150.Debtor has not made the first mod payment; however, it’s not due until 9/28/2020.

Under the payment reduction, Debtor is delinquent $5,664.46 (2.6 months).

Trustee Recommends Mod #72 be Denied.15 of 84

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Page 3: Post Conf Dismissal Judge DAVID JONES, Houston 10/27/2020 ... · Judge DAVID JONES, Houston William E. Heitkamp, Trustee Highlighted = H Claims September 29, 2020 9:00 am Reset Dates:

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

September 29, 2020 9:00 am Highlighted = H Claims

Reset Dates:10/27/202011/17/202012/15/2020

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

If the mod is not approved, Debtor will be delinquent $11,495.46.

BILLY RAY SHAW$912.00

WO

$5,004.54 18-36187

3 Resets 5.49 Mos 6/30/20$841.88

11/5/18

BAIR, THOMAS EPOST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENTDOC #43 FILED 2/27/2020

No response filed. Case is on wage order for the full monthly amount but there's been no payment posted since 6/30/2020. Mod has not been filed.

Trustee Recommends Dismissal.

22 of 60

Beatrice Barber$320.00

WO

($1,475.28)16-30237

0 Resets -4.61 Mos 9/17/20$190.00

1/12/16

BAKER, REESE WCHAPTER 13 TRUSTEE'S MOTION TO MODIFY PLAN #101 FILED 8/19/2020Trustee moves the court to modify the confirmed plan to remove secured claim of

Conns Credit Corp for account ending in #9530 for a "Television." No proof of claim filed.

No Response filed.

Trustee recommends special order uploaded at #101.

Trustee Rcmds Special Order Uploaded at #101

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DANA and SHANNON GAIR

$2,529.76EFT

$16,253.56 18-31027

5 Resets 6.42 Mos 8/26/20$500.00

3/5/18

BAKER, REESE WPOST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENTDOC #83 FILED 1/17/2020

No response filed. Debtor pays with epay. Since the previous dismissal hearing on 7/21/2020, debtors have made a partial payment of $500 on 8/26/2020.

Statement of Payment Reduction #91 was filed on 4/21/2020. The reduced payment amounts are: March $1600, and $1,879.76 for April & May. Debtors are

behind $14,303.56 (5.6 payments) through September under the statement of payment reduction.

Trustee Recommends Dismissal.

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SERENA and KRISTEN LEE

$4,165.00 WO

($4,104.88)18-36022

4 Resets -0.99 Mos 9/15/20$961.16

10/30/18

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

AMENDED TRUSTEE’S OBJECTION TO MOD FILED 9/22/2020, DOC #148

POST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENTDOC #99 FILED 1/30/2020

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

Trustee Recommends Mod #133 be Denied.

Trustee Recommends Dismissal.

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Page 4: Post Conf Dismissal Judge DAVID JONES, Houston 10/27/2020 ... · Judge DAVID JONES, Houston William E. Heitkamp, Trustee Highlighted = H Claims September 29, 2020 9:00 am Reset Dates:

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

September 29, 2020 9:00 am Highlighted = H Claims

Reset Dates:10/27/202011/17/202012/15/2020

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

employers are paying. Debtors are not sending extra. Last wage order payment posted 9/15/20.

The mod payment is $4,165 and Debtors are current under the mod.If the mod is not approved, Debtors will be delinquent $8,680.25.

Samuel Michael Conner

$1,300.00EFT

$6,900.00 15-36161

1 Reset 5.31 Mos 8/25/20$900.00

11/25/15

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

Response #138 was filed on 7/9/2020.

Debtor had several insufficient ACH drafts and the ACH was terminated in June 2020. Last payment posted on 8/25/2020 was a partial TFS payment.

September is month #58 from a 60 month plan. Base balance is $10,800.00 (8.4 payments).

Trustee Recommends Dismissal.

58 of 60

Paul Lacarlus and Lawanda Sue Ware

$3,200.00EFT

$4,100.00 17-31279

5 Resets 1.28 Mos 9/24/20

$1,800.003/3/17

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 $3,200.Under the mod, Debtors are delinquent $4,100 (1.28 months).

If the mod is not approved, Debtors will be delinquent $19,633.75.

Trustee Recommends Mod #146 be Denied.42 of 84

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Page 5: Post Conf Dismissal Judge DAVID JONES, Houston 10/27/2020 ... · Judge DAVID JONES, Houston William E. Heitkamp, Trustee Highlighted = H Claims September 29, 2020 9:00 am Reset Dates:

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

September 29, 2020 9:00 am Highlighted = H Claims

Reset Dates:10/27/202011/17/202012/15/2020

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

JOSE LUIS and MIRIAM ARACELY

BANDA$1,750.00

EFT

$2,500.00 19-34787

2 Resets 1.43 Mos 9/2/20

$1,000.008/27/19

BURGER, JOHN VAMENDED UNIFORM MODIFICATION #80 FILED 7/15/2020

POST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENTDOC #92 FILED 9/4/2020

Mod 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 until the 1st mod payment posts and the case is brought current.

Motion to dismiss filed for non-payment. No payments posted 5/20-8/20. Last ePayment of $1,000 posted 9/2/20.

The mod payment is $1,750. Under the mod, Debtor is delinquent $4,250 (2.4 months).

If the mod is not approved, Debtor will be delinquent $10,875.

Trustee Recommends Mod #80 be Denied and case dismissed.

13 of 84

Erica Nicole Brown$1,100.00

WO

$3,092.05 15-35692

5 Resets 2.81 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. September is month #59 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 $2,192.05 (1.9 payment)

through August per the statement of payment reduction.

Trustee Recommends Dismissal.

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Page 6: Post Conf Dismissal Judge DAVID JONES, Houston 10/27/2020 ... · Judge DAVID JONES, Houston William E. Heitkamp, Trustee Highlighted = H Claims September 29, 2020 9:00 am Reset Dates:

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

September 29, 2020 9:00 am Highlighted = H Claims

Reset Dates:10/27/202011/17/202012/15/2020

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

JEFFERY KEITH and MICHELLE

FAWN FERGUSON$3,525.00

EFT

$0.00 17-33928

9 Resets 0.00 Mos 7/21/20

$6,786.306/27/17

COSEY, HENRI MUNIFORM MODIFICATION #104 FILED 8/25/2020

TRUSTEE’S OBJECTION TO MOD FILED 9/21/2020, DOC #106

POST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENTDOC #77 FILED 8/3/2019

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

COVID-19.

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

The modified plan proposes to surrender collateral to Texas Car & Title that was surrendered in a previously confirmed plan.

Trustee alleges that the treatment of unsecured creditors in paragraph 7 of the plan violates the provisions of 11 U.S.C. Section 1322(b)(1).

The pre-petition mortgage arrears and notice of post-petition fees and expenses to M&T Bank/Cenlar are improperly listed as a Post-Confirmation Claim.

The modified plan fails to separate the ongoing mortgage payments into P&I and Escrow amounts.

The modified plan fails to provide for the correct Remaining Claim amounts for Fieldstone HOA, Conn’s, and Toyota Financial.

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 provides for a secured creditor (PFS Auto) who is not listed in Schedule D and/or has not filed a proof of claim.

Debtors have failed to file amended Schedules I and J in compliance with BLR

Trustee Recommends Mod #104 be Denied.

Trustee Recommends Dismissal.

39 of 84

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Page 7: Post Conf Dismissal Judge DAVID JONES, Houston 10/27/2020 ... · Judge DAVID JONES, Houston William E. Heitkamp, Trustee Highlighted = H Claims September 29, 2020 9:00 am Reset Dates:

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

September 29, 2020 9:00 am Highlighted = H Claims

Reset Dates:10/27/202011/17/202012/15/2020

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

30151(c)(3).

Debtors have 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).

Debtors have failed to provide current proof of income.

Motion to dismiss filed for non-payment. Debtor pays with Epay. Last payment posted 7/21/20.

The mod payment is $3,525.Debtors have not made the first mod payment; however, it’s not due until 9/27/20.

If the mod is not approved, Debtors will be delinquent $16,961.03.

NILDA RAQUEL and ROBERT COMER

OLIVER$838.58

WO

($324.22)17-33065

2 Resets -0.39 Mos 9/17/20$323.08

5/17/17

DAVIS-SMITH, SHELLY M

AMENDED UNIFORM MODIFICATION #55 FILED 8/14/2020

AMENDED TRUSTEE’S OBJECTION TO MOD FILED 9/22/2020, DOC #67Mod was filed to surrender the 2011 Dodge Ram to Americredit.

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

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

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

Trustee Recommends Mod #55 be Denied.40 of 60

Janis Parker$2,225.00

WO

$6,562.50 15-32271

3 Resets 2.95 Mos 9/10/20$500.00

4/28/15

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

No response filed. September 2020 is month #65 from a 60 month plan. Base balance is $6,562.50 (3.0 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

9/10/2020.

Trustee Recommends Dismissal.

65 of 60

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

September 29, 2020 9:00 am Highlighted = H Claims

Reset Dates:10/27/202011/17/202012/15/2020

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

Courtney Watkins$1,784.00

WO

$2,734.38 15-33720

3 Resets 1.53 Mos 8/14/20$918.94

7/9/15

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

September is month #62 from 60 month plan. Base balance is $2,734.38 (1.5 payment). Case is on wage order for $200 extra per month. Employer is paying.

Debtor is not making any direct payments. Last payment posted 8/14/2020.

Trustee Recommends Dismissal.

62 of 60

GINA LYNN PENN$1,600.00

EFT

$2,700.00 19-34931

3 Resets 1.69 Mos 7/13/20$550.00

8/30/19

FERGUSON, JAMES T

AMENDED UNIFORM MODIFICATION #66 FILED 8/17/2020

AMENDED TRUSTEE’S OBJECTION TO MOD FILED 9/11/2020, DOC #75

POST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENTDOC #48 FILED 4/2/2020

Mod 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.

Trustee objected because the proposed modification improperly characterizes the claim of Selene Finance for post-petition mortgage arrears as a Total Debt Claim.

Debtor has failed to provide proof of current income.

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 is $1,350, increasing to $1,600 in 9/2020.Under the mod, Debtor is delinquent $4,300 (3 months).

If the mod is not approved, Debtor will be delinquent $12,470.

Trustee Recommends Mod #66 be Denied.

Trustee Recommends Dismissal.

13 of 84

Larry Kenneth Harris and Elissa Dashone

Rayford-Harris$400.00

WO

$2,000.00 15-34385

3 Resets 5.00 Mos 9/23/20$400.00

8/19/15

FRANKLIN, PAMELA J

POST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENTDOC #49 FILED 4/2/2020

No response filed. September 2020 is month #61 from a 60 month plan. Base balance is $2000 (5 payments). Case is on wage order for the full amount but

employer is not paying. Debtors pay with epay. Last payment posted 9/23/2020.

Trustee Recommends Dismissal.

61 of 60

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Page 9: Post Conf Dismissal Judge DAVID JONES, Houston 10/27/2020 ... · Judge DAVID JONES, Houston William E. Heitkamp, Trustee Highlighted = H Claims September 29, 2020 9:00 am Reset Dates:

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

September 29, 2020 9:00 am Highlighted = H Claims

Reset Dates:10/27/202011/17/202012/15/2020

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

Shana Swain$2,005.85

EFT

$1,592.40 15-34431

3 Resets 0.79 Mos 9/24/20

$1,000.008/24/15

GUZMAN, ELOISE APOST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENTDOC #98 FILED 1/30/2020

No response filed. September is month #61 from 60 month plan. Base balance is $592.40 (0.3 payment). Debtor pays with TFS. Last payment posted 9/24/2020.

Trustee Recommends Dismissal.

61 of 60

10:00 am

Buster B. Malone$1,850.00

EFT

($2,050.00)16-36690

22 Resets -1.11 Mos 9/2/20

$2,050.0012/30/16

GOODE, ROLFE WAMENDED UNIFORM MODIFICATION #158 FILED 9/17/2020Mod 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 100% to general unsecured creditors. Trustee's recommendation was

filed with the court on 9/18/20.

Trustee Recommends Approval of Mod #158.45 of 84

Glenda Obot$766.93 ACH

($5,000.00)16-34423

0 Resets -6.52 Mos 9/23/20$766.93

9/2/16

GUZMAN, ELOISE ACHAPTER 13 TRUSTEE'S MOTION TO MODIFY CONFIRMED PLAN #99 FILED 8/24/2020

Trustee moves to modify the confirmed plan due to a significant change in circumstances which he could not foresee at confirmation.

Trustee received a check for $5,000.00 on 4/30/2020 from Eloise Guzman's IOLTA account which Trustee would show are non-exempt settlement proceeds for a

post-petition claim against Wal-Mart that is listed in line 33 of Amended A/B #89 but not claimed exempt.

Trustee seeks this modification to increase Debtor’s existing plan base to satisfy 1325(a)(4) and to allow for immediate distribution to allowed unsecured claims.

Based on allowed claims Trustee estimates a 100% return to allowed unsecured claims if authorized to disburse the non-exempt proceeds. Plan was confirmed with a 100% order, but is deficient in paying all claims. Approval of Trustee’s

modification would make available sufficient funds to pay all allowed claims in full, eliminating the need for Trustee to move for dismissal.

No response filed.

Trustee recommends order uploaded at #99.

Trustee Rcmds Special Order Uploaded at #99.

48 of 60

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

September 29, 2020 10:00 am Highlighted = H Claims

Reset Dates:10/27/202011/17/202012/15/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

10:00 am

ABEL GONZALES ALVAREZ$1,575.00EFT WO

$4,669.31 18-34931

13 Resets 2.96 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 8/18/2020 state that debtor is to make a regular payment plus $100. Debtor has not

complied. Last payment posted 8/10/2020.

Trustee Recommends Dismissal.

24 of 60

ANGELA MARIE PRICE

$2,105.01EFT

$0.00 18-33664

4 Resets 0.00 Mos 6/26/20

$10,001.007/2/18

JONES III, THOMAS FREDERICK

UNIFORM MODIFICATION #75 FILED 9/4/2020

AMENDED TRUSTEE’S OBJECTION TO MOD FILED 9/22/2020, DOC #79

POST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENTDOC #59 FILED 1/20/2020

Mod 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 83 months due to

a loss of income related to COVID-19.

Trustee objected because the claim of Park Spring HOA, is incorrectly listed in paragraph 11. All debts pertaining to the homestead should be listed in paragraph

8.

The modified plan proposes to strip the lien of Park Spring HOA, which was previously stripped in a confirmed plan.

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).

Debtor has failed to provide current proof of income/support.

Motion to dismiss filed for non-payment. No payments posted 11/19-5/20. Last ePay payment posted 6/26/20.

The mod payment is $2,000 and increases in January of each year.Debtor has not made the first mod payment; however, it’s not due until 10/1/2020.

If the mod is not approved, Debtor will be delinquent $14,652.33.

Trustee Recommends Mod #75 be Denied.

Trustee Recommends Dismissal.

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

September 29, 2020 10:00 am Highlighted = H Claims

Reset Dates:10/27/202011/17/202012/15/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

10:00 am

Erica Fuller$5,893.12

WO

$5,500.00 16-30008

2 Resets 0.93 Mos 9/11/20

$5,893.121/2/16

KEELING, KENNETH A

POST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENTDOC #139 FILED 4/2/2020

Response #145 was filed on 7/20/2020.

Case is on wage order for the full monthly amount. Employer is paying. Debtor sent $500 extra on 8/24/2020.

Courtroom minutes from 7/21/2020 state that debtor is to make a regular payment plus $1000 for each month. Debtor has not complied. Regular payment plus $500 posted in August. Regular payment posted in September but nothing extra. Last

payment posted 9/11/2020.

Trustee Recommends Dismissal.

56 of 60

Leon Bernard and Corine Louise

Straughter$1,650.00

WO

($2,081.51)16-32224

1 Reset -1.26 Mos 9/16/20$380.77

4/30/16

KEELING, KENNETH A

UNIFORM MODIFICATION #61 FILED 8/17/2020Mod was filed to cure arrears, add post-petition mortgage arrears to the plan,

surrender Conn's Appliances, and extend the term from 60 to 84 months due to a loss of income related to COVID-19. Mod works at 8% to general unsecured

creditors. Trustee's recommendation was filed with the court on 9/16/20.

Trustee Recommends Approval of Mod #61.53 of 84

Leon Bernard and Corine Louise

Straughter$1,650.00

WO

($2,081.51)16-32224

1 Reset -1.26 Mos 9/16/20$380.77

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 to remove secured claim of

Conns Credit Corp for account ending in #1332 for a "Television." No proof of claim filed.

Debtors filed response #60 on 8/14/2020 which states Debtors intend to file a modification with the Court and request additional time and a hearing.

Debtor filed Uniform Modification #61 on 8/17/2020, in part, to surrender the claim of Conn's Credit.

Trustee filed recommendation in favor of mod #61 on 9/16/2020.

Trustee to Address the Court

53 of 84

Donald and Betty Ross Gonzalez

Copaus$890.00

WO

$0.00 16-33274

0 Resets 0.00 Mos 9/2/20

$890.006/30/16

KEELING, KENNETH A

UNIFORM MODIFICATION #65 FILED 7/31/2020Mod was filed to surrender the 2008 Dodge Caravan to Titlemax and to reduce the term from 60 to 50 months (ending the plan 8/20). Mod works at 18% to general

unsecured creditors. Trustee's recommendation was filed with the court on 9/15/20.

Trustee Recommends Approval of Mod #65.51 of 50

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

September 29, 2020 10:00 am Highlighted = H Claims

Reset Dates:10/27/202011/17/202012/15/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

10:00 am

Salvador Velazquez$2,005.42

No Pmt info

$7,280.03 16-34961

2 Resets 3.63 Mos 7/22/20$700.00

10/3/16

KEELING, KENNETH A

POST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENTDOC #107 FILED 4/2/2020

Amended response #113 was filed on 6/19/2020.

Debtor pays with moneygram and epay. Last payment posted on 7/22/2020, which was a partial epayment.

Trustee Recommends Dismissal.

47 of 60

BRENDAN JARRIEL HOLST

$1,800.00 WO

$1,323.10 19-30093

3 Resets 0.74 Mos 8/24/20$415.38

1/7/19

KEELING, KENNETH A

AMENDED UNIFORM MODIFICATION #100 FILED 8/11/2020

AMENDED TRUSTEE’S OBJECTION TO MOD FILED 8/13/2020, DOC #102

POST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENTDOC #79 FILED 2/27/2020

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.

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

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 8/24/2020.

The mod payment is $1,800.Under the mod, Debtor is delinquent $1,323.10 (.7 month).

Trustee Recommends Mod #100 be Denied.

Trustee Recommends Dismissal.

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

September 29, 2020 10:00 am Highlighted = H Claims

Reset Dates:10/27/202011/17/202012/15/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

10:00 am

Under the payment reduction, Debtor is delinquent $10,573.10.If the mod is not approved, Debtor will be delinquent $17,998.10.

PATTI ANN TAYLOR$1,231.19

EFT

$6,938.57 19-34278

2 Resets 5.64 Mos 7/9/20

$300.008/3/19

KEELING, KENNETH A

POST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENTDOC #52 FILED 4/2/2020

Response #54 was filed on 6/11/2020.

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

Trustee Recommends Dismissal.

13 of 60

Donald R Legier$2,297.70

WO

$540.62 15-30877

5 Resets 0.24 Mos 8/17/20$250.00

2/12/15

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

Response #93 was filed on 4/9/2020.

September 2020 is month #67 from a 60 month plan. Base balance is $540.62. Wage order is not paying. Debtor pays with personal checks. Since the previous dismissal hearing on 8/18/2020, no payments have posted. Last payment posted

8/17/2020.

Trustee Recommends Dismissal.

67 of 60

11:00 am

Laderenia P Dixon$8,575.00

WO

($646.18)17-31977

0 Resets -0.08 Mos 9/11/20$722.18

4/3/17

MCLAUGHLIN, JANEAMEMDED UNIFORM MODIFICATION #116 FILED 9/8/2020

TRUSTEE’S OBJECTION TO MOD FILED 9/21/2020, DOC #117Mod was filed to reduce the plan term from 60 to 40 months (ending the plan

8/2020).

Trustee objected because the modification has been proposed in bad faith. The Debtor does not appear to be paying all of her disposable income into the plan.

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

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

The mod payment is $8,575 and Debtor is current under the mod.If the mod is not approved, Debtor will be current.

Trustee Recommends Mod #116 be Denied.41 of 40

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

September 29, 2020 11:00 am Highlighted = H Claims

Reset Dates:10/27/202011/17/202012/15/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

11:00 am

Rowan Winston, Jr. and Saaron L.

Winston$2,250.00

EFT

$3,500.00 16-36263

0 Resets 1.56 Mos 4/14/20

$1,383.4912/6/16

MORRISON, CHRISTOPHER

AMENDED UNIFORM MODIFICATION #82 FILED 9/8/2020Mod was filed to cure arrears, add post-petition mortgage arrears, add a Reserve for post-mod HOA dues, and extend the term from 54 to 84 months due to a loss of income related to COVID-19. Mod works at 1% to general unsecured creditors,

but cannot be recommended until the 1st mod payment posts.

The mod payment is $1,250 and increases to $2,250 in September 2020. Last wage order payment posted 4/14/20.

Under the mod, Debtor is delinquent $3,500 (2 months).If the mod is not approved, Debtor will be delinquent $17,539.34.

Trustee Recommends mod #82 be Denied.45 of 84

GEORGE L. SPENCER, SR.

$2,035.00 WO ACH

$2,035.00 17-36281

0 Resets 1.00 Mos 6/19/20$248.19

11/14/17

MORRISON, CHRISTOPHER

AMENDED UNIFORM MODIFICATION #69 FILED 8/24/2020Mod was filed to provide for Agreed Order #61 with PHH Mortgage entered

6/15/2020. Mod works at 100% to general unsecured creditors, but cannot be recommended until the 1st mod payment posts.

The mod payment of $2,035 was due 9/14/2020. Last wage order payment posted 6/19/2020.

Under the mod, Debtor is delinquent $2,035 (1 month).If the mod is not approved, Debtor will be delinquent $3,084.53.

Trustee Recommends Mod #69 be Denied.34 of 60

ROBERT J. MCGEE$1,820.00

WO

$291.02 18-31751

0 Resets 0.16 Mos 9/20/20$420.00

4/3/18

MORRISON, CHRISTOPHER

AMENDED UNIFORM MODIFICATION #75 FILED 8/24/2020Mod 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 10% to general unsecured creditors. Trustee's recommendation was filed with the court on 9/21/20.

Trustee Recommends Approval of Mod #75.29 of 84

GARY and VERLONDA S.

HAYWOOD$2,050.00

EFT

$2,050.00 18-30434

0 Resets 1.00 Mos 9/14/20

$2,050.002/2/18

MOUGHON, REBECCA M.

AMENDED UNIFORM MODIFICATION #76 FILED 9/7/2020

TRUSTEE’S OBJECTION TO MOD FILED 9/16/2020, DOC #79

POST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENTDOC #48 FILED 9/26/2019

Mod was filed to cure arrears. Trustee objected because the modified plan fails to reflect the correct Remaining Claim amount for The Park at Northgate Crossing.

The modified plan fails to reflect the correct amount of pre-mod distributions to

Trustee Recommends Mod #76 be Denied.

Recommend Dismissal.

31 of 60

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Page 15: Post Conf Dismissal Judge DAVID JONES, Houston 10/27/2020 ... · Judge DAVID JONES, Houston William E. Heitkamp, Trustee Highlighted = H Claims September 29, 2020 9:00 am Reset Dates:

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

September 29, 2020 11:00 am Highlighted = H Claims

Reset Dates:10/27/202011/17/202012/15/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

11:00 am

secured creditors in the Summary.

The modified plan does not meet the requirements of 11 U.S.C. Sec. 1325(a)(4). The plan fails to provide for the amount of non-exempt property to be paid to the

unsecured creditors.

Statement of Payment Reduction #61 filed on 4/2/2020 reduced payments to $1,000 per month for March, April & May 2020.

Motion to dismiss filed for non-payment. Debtors pay with TFS. Last payment posted 9/14/2020.

The mod payment is $2,050.Under the mod, Debtor is delinquent $2,050 (1 month).

Under the payment reduction, Debtor is current.If the mod is not approved, Debtor will be delinquent $2,111.82.

ESPERANZA GONZALEZ

$950.00 ACH

$0.00 19-35492

3 Resets 0.00 Mos 9/11/20$950.00

9/30/19

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

AMENDED TRUSTEE’S OBJECTION TO MOD FILED 9/11/2020, DOC #72

POST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENTDOC #54 FILED 4/2/2020

Mod was filed to cure arrears. Trustee objected because the proposed modification is deficient to pay all secured and priority claims.

The modified plan fails to provide for the post-confirmation claims of Harris County, Spring ISD Tax Office, and Northgate Crossing MUD #1.

On 9/18/20, Harris County filed an objection to amended mod #60 because Debtor's plan fails to fully provide for Taxing Authority’s claim of $254.51.

Motion to dismiss filed for non-payment. ACH draft was returned for insufficient funds in March. No payments 3/20-5/20. Last payment posted 9/11/20.

The mod payment is $950 and Debtor is current under the mod.

Trustee Recommends Mod #60 be Denied.

Trustee Recommends Dismissal.

12 of 60

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

September 29, 2020 11:00 am Highlighted = H Claims

Reset Dates:10/27/202011/17/202012/15/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

11:00 am

If the mod is not approved, Debtor will be delinquent $4,940.

LARRY HUBBARD$2,075.00

WO

$1,050.00 17-34126

2 Resets 0.51 Mos 9/24/20$500.00

7/3/17

PAYNE, KYLE KENNETH

AMENDED UNIFORM MODIFICATION #125 FILED 9/18/2020

POST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENTDOC #111 FILED 4/2/2020

Mod 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 13% to general unsecured creditors but cannot be recommended until the case is brought current.

Motion to dismiss filed for non payment. Debtor pays with epay. Amended wage order entered 7/21/20, but no wage order payments have posted. Last ePay

payment posted 9/17/2020.

The mod payment is $2,075.Under the mod, Debtor is delinquent $1,050 (.5 month).

If the mod is not approved, Debtor will be delinquent $6,314.96.

Trustee Recommends Mod #125 be Denied.

Trustee Recommends Dismissal.

38 of 84

GLORIA CAROLE KNUTSEN

$485.00EFT

$970.00 17-34686

3 Resets 2.00 Mos 9/24/20$525.00

7/31/17

PAYNE, KYLE KENNETH

UNIFORM MODIFICATION #68 FILED 7/6/2020

AMENDED TRUSTEE’S OBJECTION TO MOD FILED 9/11/2020, DOC #85

POST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENTDOC #63 FILED 4/2/2020

Mod was filed to cure arrears. Trustee objected because Debtor has failed to provide proof of current income.

Motion to dismiss filed for non-payment. 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 $970 (2 months).

If the mod is not approved, Debtor will be delinquent $2,580.

Trustee Recommends Mod #68 be Denied.

Trustee Recommends Dismissal.

38 of 60

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

September 29, 2020 11:00 am Highlighted = H Claims

Reset Dates:10/27/202011/17/202012/15/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

11:00 am

MANUEL BERRY$1,600.00

EFT

$1,900.00 18-34062

0 Resets 1.19 Mos 9/24/20$300.00

7/24/18

PAYNE, KYLE KENNETH

AMENDED UNIFORM MODIFICATION #74 FILED 6/22/2020

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

POST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENTDOC #51 FILED 8/28/2019

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).

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).

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 ePay but there have been several months in which only partial payments (or no payments) have posted. Last

payment posted 9/15/2020.

The mod payment is $1,600.Under the mod, Debtor is delinquent $1,900 (1.2 months).

If the mod is not approved, Debtor will be delinquent $15,320.

Trustee Recommends Amended Mod #74 be Denied.

Trustee Recommends Dismissal.

26 of 84

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

September 29, 2020 11:00 am Highlighted = H Claims

Reset Dates:10/27/202011/17/202012/15/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

11:00 am

GARVON T. and ANN M. RATLIFF

$2,415.00 No Pmt info

$4,830.00 19-31211

0 Resets 2.00 Mos 8/5/20

$2,083.003/4/19

PAYNE, KYLE KENNETH

POST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENTDOC #75 FILED 7/14/2020

Response #76 was filed on 8/14/2020.

Debtors pay with TFS. Debtors paid extra in August. Last payment posted 8/5/2020.

Trustee Recommends Dismissal.

18 of 60

MYESHIA TOLIVER$690.00

WO

$361.43 17-34806

0 Resets 0.52 Mos 9/9/20

$345.008/4/17

POPE, JAMES QTRUSTEE'S MOTION TO MODIFY CONFIRMED PLAN #62 FILEDTrustee moves the court to modify the confirmed plan to remove claim of Title Max

for a secured lien for “2005 Chevy Avalanche.” No proof of claim filed.

Additionally, Debtor’s confirmation order required 100% payment to general unsecured claims due to Debtor’s non-exempt property. Given that approximately $8,500.00 in unscheduled unsecured claims were filed, the plan no longer meets

the requirements of 11 U.S.C. 1325(a)(4). However, approval of Trustee’s modification would make available sufficient funds to pay all allowed claims in full,

eliminating the need for Trustee to move for dismissal.

No Response filed.

Trustee recommends special order uploaded at #62.

Trustee Rcmds Special Order Uploaded at #62

37 of 60

MYYSHA EDWARDS-NELSO

N$2,150.00EFT WO

$230.76 19-31266

0 Resets 0.11 Mos 9/17/20$692.31

3/4/19

Sargent, Emil RAMENDED UNIFORM MODIFICATION #118 FILED 9/8/2020

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, add post-petition mortgage arrears to the plan, and extend the plan term from 60 to 84 months due to a loss of income related to

COVID-19.

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

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 began paying on 8/6/2020.

Trustee Recommends Mod #118 be Denied.

Trustee Recommends Dismissal.

18 of 84

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Page 19: Post Conf Dismissal Judge DAVID JONES, Houston 10/27/2020 ... · Judge DAVID JONES, Houston William E. Heitkamp, Trustee Highlighted = H Claims September 29, 2020 9:00 am Reset Dates:

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

September 29, 2020 11:00 am Highlighted = H Claims

Reset Dates:10/27/202011/17/202012/15/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

11:00 am

The mod payment is $2,150 and Debtor is current under the mod.If the mod is not approved, Debtor will be delinquent $18,550.76.

Thomas Blaise Plant$1,595.00

WO

($1,362.08)16-35496

1 Reset -0.85 Mos 9/18/20$681.04

10/31/16

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

Trustee moves the court to modify the confirmed plan to remove claim of Harris County for "Property Taxes - 2016" and to remove claim of Shasia P.U.D for

"Public Utility District." No proof of claim filed by or on behalf of either creditor.

Debtor filed response #80 on 8/17/2020 which states Debtor opposes Trustee's mod, that the claims for Harris County and Shasia P.U.D were paid direct and that

Debtor intends to file his own mod.

Debtor's Uniform Modification #83 filed 9/4/2020 and set for hearing 9/29/2020 at 11:00 am to remove the claims for Harris County, Shasia P.U.D and Klein ISD

because the claims were paid direct.

Trustee filed recommendation in favor of Debtor's mod at #88 on 9/18/2020.

Trustee to Address the Court.

47 of 60

Thomas Blaise Plant$1,595.00

WO

($1,362.08)16-35496

1 Reset -0.85 Mos 9/18/20$681.04

10/31/16

SOUTHWARD, ERICAMENDED UNIFORM MODIFICATION #88 FILED 9/15/2020Mod was filed to change the treatment of Harris County, Klein ISD and Shasla PUD to direct pay because the taxes are escrowed. Mod works at 100% to

general unsecured creditors. Trustee's recommendation was filed with the court on 9/18/2020.

Trustee requests an M4 order due to Debtor's OF122C requirement of $248,270 and non-exempt property.

Trustee Recommends Approval of Mod #88 - WITH M4 ORDER.

47 of 60

RICARDO E GARCIA and

MELISSA M REYES$830.00

EFT

$2,490.00 18-30793

3 Resets 3.00 Mos 8/28/20$830.00

2/26/18

SOUTHWARD, ERICPOST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENTDOC #46 FILED 1/30/2020

Response #47 was filed on 3/18/2020.

Statement of Payment Reduction #51 filed 4/21/2020 reduced payments for March, April and May to $0. Debtors are current through August under the

statement of payment reduction. Debtors pay with epay. Last payment posted 8/28/2020.

Trustee Recommends Dismissal.

31 of 60

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

September 29, 2020 11:00 am Highlighted = H Claims

Reset Dates:10/27/202011/17/202012/15/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

11:00 am

MALINDA MARIE THOMAS$530.00

EFT

$635.00 18-32904

2 Resets 1.20 Mos 9/23/20$265.00

6/2/18

SOUTHWARD, ERICPOST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENTDOC #37 FILED 2/27/2020

Response #42 was filed on 4/15/2020.

Statement of Payment Reduction #38 filed on 4/10/2020 reduced payments to $230 per month for March, April & May 2020. Debtor is paid ahead through

September under the statement of payment reduction. Debtor pays with epay. Last payment posted 9/23/2020.

Trustee Recommends Dismissal.

27 of 60

KATHY YVONNE RANSOM$2,820.00

WO

$185.73 19-32464

0 Resets 0.07 Mos 9/17/20

$1,410.005/2/19

SOUTHWARD, ERICUNIFORM MODIFICATION #87 FILED 7/30/2020

TRUSTEE’S OBJECTION TO MOD FILED 9/15/2020, DOC #96Mod was filed to cure arrears, add post-petition mortgage arrears, provide for

Agreed Order #85 with Bridgecrest Credit entered 7/7/2020, 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 provide for all ongoing mortgage payments inasmuch as the payment for 6/2020 is omitted from the plan.

The modified plan fails to provide for the correct amount of the monthly ongoing mortgage payment.

The proposed modified plan does not comply with 11 U.S.C. Sec. 506(b) as it eliminates accrued interest on an over-secured claim without adequate notice in

the plan.

The Debtor has failed to provide current proof of income.

Emergency Payment Reduction filed 4/25/20, reducing payment to $1,370 for April and $0 for May.

The mod payment is $2,820 and Debtor is current under the mod. Under the payment reduction, Debtor is current.

If the mod is not approved, Debtor will be delinquent $2,873.49.

Trustee Recommends Mod #87 be Denied.16 of 84

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

September 29, 2020 11:00 am Highlighted = H Claims

Reset Dates:10/27/202011/17/202012/15/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

11:00 am

ANDRE JERMAINE and LANELL SAULTER$1,700.00

WO

($588.48)19-34849

0 Resets -0.35 Mos 9/16/20$850.00

8/29/19

SOUTHWARD, ERICUNIFORM MODIFICATION #78 FILED 7/20/2020

TRUSTEE’S OBJECTION TO MOD FILED 9/14/2020, DOC #83Mod was filed to cure arrears, and to reduce the plan payment for seven months

due to a loss of income related to COVID-19.

Trustee objected because the modified plan does not comply with 11 U.S.C. Section 1325 (a)(2) as it does not provide for payment in full of the priority DSO

claim. The plan fails to provide for the statutory 6% interest.

The proposed modified plan does not comply with 11 U.S.C. Sec. 506(b) as it eliminates accrued interest on an over-secured claim without adequate notice in

the plan.

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

Debtors have failed to provide current proof of income.

The mod payment is $1,700.Under the mod, Debtor is delinquent $1,111.52. Last wage order payment posted

9/16/20.If the mod is not approved, Debtor will be delinquent $2,124.94.

Trustee Recommends Mod #78 be Denied.13 of 60

GERALD LEMONTE and KIMBERLY ANNE MELTON

$1,200.00EFT

$9,234.23 19-35041

4 Resets 7.70 Mos 7/8/20

$1,500.009/5/19

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

Response #52 was filed on 4/15/2020.

Statement of Payment Reduction #53 was filed on 4/21/2020. Reduced payments for March, April & May to $0. Case is behind $5,634.23 (4.7 payments) through

September per the statement of payment reduction.

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

Trustee Recommends Dismissal.

12 of 60

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

September 29, 2020 11:00 am Highlighted = H Claims

Reset Dates:10/27/202011/17/202012/15/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

11:00 am

DAVID R KELLEY$2,295.08

WO

$4,420.08 19-33713

2 Resets 1.93 Mos 7/22/20

$2,125.007/1/19

TAHERIAN, NIMAPOST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENTDOC #50 FILED 4/2/2020

No response filed. Debtor pays with epay. Last payment posted 7/22/2020. Mod has not been filed.

Trustee Recommends Dismissal.

14 of 60

ALFRED DOUGLAS FIELDS$475.00

EFT

$475.00 17-35845

0 Resets 1.00 Mos 7/28/20$473.50

10/17/17

TRAN SINGH LLPAMENDED UNIFORM MODIFICATION #105 FILED 9/11/2020Mod was filed to cure arrears and extend the term from 60 to 68 months due to a

loss of income related to COVID-19. Mod works at 2% to general unsecured creditors, but cannot be recommended until the 1st mod payment posts.

The mod payment of $475 was due 9/16/20. Last ePay payment posted 7/28/20.Under the mod, Debtor is delinquent $475 (1 month).

If the mod is not approved, Debtor will be delinquent $2,852.50.

Trustee Recommends Mod #105 be Denied.35 of 68

CHARLES ANTHONY SHAW

$420.00EFT WO

$1,410.75 17-35975

5 Resets 3.36 Mos 9/10/20$240.00

10/27/17

TRAN SINGH LLPPOST CONFIRMATION MOTION TO DISMISS FOR NON-PAYMENTDOC #83 FILED 1/30/2020

No response filed. Case is on a wage order for the full amount plus $100. Employer is paying the increased amount. Last payment posted 9/10/2020.

Trustee Recommends Dismissal.

35 of 60

Dean and Monica Druley

$2,075.00 WO

$2,232.70 16-34635

0 Resets 1.08 Mos 9/24/20

$1,365.009/15/16

TRUEBA, PHILLIP HENRY

AMENDED UNIFORM MODIFICATION #115 FILED 9/2/2020Mod was filed to cure arrears, add post-petition mortgage arrears to the plan, 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 9/14/20.

TRUSTEE REQUESTS M4 ORDER.

Trustee Recommends Approval of Mod #115 - WITH M4 ORDER.

48 of 84

MICHELLE FRANCIS$390.00

EFT

$390.00 18-32384

0 Resets 1.00 Mos 5/4/20

$200.005/2/18

TRUEBA, PHILLIP HENRY

AMENDED UNIFORM MODIFICATION #70 FILED 8/26/2020Mod was filed to cure arrears, and extend the term from 60 to 77 months due to a

loss of income related to COVID-19. Mod works at 1% to general unsecured creditors but cannot be recommended until the 1st mod payment posts.

The mod payment of $390 was due 9/1/2020. Last ePay payment posted 5/4/20. Debtor has made no payments under the mod, and is now delinquent $390 (1

month).If the mod is not approved, Debtor will be delinquent $2,650.

Trustee Recommends Mod #70 be Denied.28 of 77

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

September 29, 2020 11:00 am Highlighted = H Claims

Reset Dates:10/27/202011/17/202012/15/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

11:00 am

STEPHANIE S. DOUGLAS

$590.00 WO

$0.00 19-30096

0 Resets 0.00 Mos 9/16/20$590.00

1/7/19

TRUEBA, PHILLIP HENRY

AMENDED UNIFORM MODIFICATION #49 FILED 8/26/2020Mod was filed to cure arrears, and extend the term from 40 to 47 months due to a

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

9/18/20.

Trustee Recommends Approval of Mod #49.20 of 47

DAVID CORNELIUS and KAREN DENISE

BASS$360.00

WO

$360.00 18-33308

0 Resets 1.00 Mos 7/3/19$23.32

6/18/18

WESTBROOK, NICHOLAS R

UNIFORM MODIFICATION #79 FILED 9/2/2020Mod was filed to cure arrears. Mod works at 3% to general unsecured creditors,

but cannot be recommended until the 1st mod payment posts.

The mod payment is $360. Last payment posted 7/3/2019. Amended wage order was entered 9/4/2020.

Under the mod, Debtor is delinquent $360 (1 month).If the mod is not approved, Debtor will be delinquent $1,477.50.

Trustee Recommends Mod #79 be Denied.27 of 60

MARK FIERRO$3,100.00

WO

$1,550.00 18-31951

0 Resets 0.50 Mos 9/2/20

$1,550.004/17/18

WRZESINSKI, CLAYTON WILLIAM

AMENDED UNIFORM MODIFICATION #94 FILED 8/14/2020

AMENDED TRUSTEE’S OBJECTION TO MOD FILED 9/21/2020, DOC #98Mod was filed to cure arrears, add post-petition mortgage arrears, and extend the term from 60 to 79 months due to a loss of income related to COVID-19. Trustee

objected because Schedule I understates Debtor’s current income.

Emergency Payment Reduction filed 5/1/20, reducing payment to $1,073 for May. Last wage order payment posted 9/2/20.

The mod payment is $3,100. Under the mod, Debtor is delinquent $1,550 (.5 month).

Under the payment reduction, Debtor is delinquent $7,250.17.If the mod is not approved, Debtor will be delinquent $9,890.50.

Trustee Recommends Mod #94 be Denied.29 of 79

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