Pre-Conf/Dismissal Judge Jeffrey P. Norman, …...Pre-Conf/Dismissal Judge Jeffrey P. Norman,...

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Pre-Conf/Dismissal Judge Jeffrey P. Norman, Houston William E. Heitkamp, Trustee February 19, 2020 9:30 am Highlighted = H Claims Reset Dates: 03/25/2020 04/15/2020 05/20/2020 Arrears Notes Recommendation No of Mos Debtor(s) # of R/S Case # Last Rcpt Plan Pmt Pmt Method Petition Dt Case Disposition Attorney 9:30 am MARK SHEHAN $3,025.00 WO $0.00 19-33741 3 Resets 0.00 Mos 2/13/20 $3,025.00 7/2/19 BAKER, REESE W CONFIRMATION HEARING Plan #55 filed 1/21/2020 works, paying 33.644% to the general unsecured creditors. Recommend confirmation of the plan filed 1/21/2020 doc. #55 7 of 60 ARTURO SEGUNDO CORONEL $1,475.00 EFT $0.00 19-34077 1 Reset 0.00 Mos 1/22/20 $1,475.00 7/25/19 BURGER, JOHN V CONFIRMATION HEARING MOTION TO DISMISS FILED 10/8/2019, DOC. #42 Trustee alleges Debtor’s Official Form 122C is incorrect, thus the plan fails to meet the requirements of 1325(b). Plan #17 filed 8/25/2019 fails to begin plan payments in August 2019, which is thirty days after the Petition was filed. Plan #17 proposes to pay Estates of Creek HOA in Paragraph 11 despite being secured solely by the principal residence. Paragraph #10 of Plan #17 is incomplete as the Monthly Payment for the 2017 Audi Q5 is incorrect, Date Last Monthly Payment is Due and Contract Rate of Interest have not been provided on Volkswagen's and BBVA Compass Bank's claims. Debtor is treating Volkswagen's claim in both paragraphs 10 and 18. Debtor is not contributing all disposable income as the direct monthly payment of $878 will terminate in August 2020 without a corresponding step up in payments. Debtor failed to provide proof to substantiate the debts owed to Estates of Creek HOA, Harris County MUD #104, Klein ISD and BBVA Compass. The bar date passed on 10/21/2019 and the creditors have not filed claims. The Government Bar Date is 2/10/2019. Trustee does not Recommend. 7 of 60 Printed Friday, February 14, 2020 @ 10:37 am Hrg_List_Matter_Judge_Jeffrey P. Norman_all_5-2018 Page 1 of 27

Transcript of Pre-Conf/Dismissal Judge Jeffrey P. Norman, …...Pre-Conf/Dismissal Judge Jeffrey P. Norman,...

Page 1: Pre-Conf/Dismissal Judge Jeffrey P. Norman, …...Pre-Conf/Dismissal Judge Jeffrey P. Norman, Houston William E. Heitkamp, Trustee Highlighted = H Claims February 19, 2020 9:30 am

Pre-Conf/DismissalJudge Jeffrey P. Norman, Houston

William E. Heitkamp, TrusteeFebruary 19, 2020 9:30 am Highlighted = H Claims

Reset Dates:03/25/202004/15/202005/20/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

9:30 am

MARK SHEHAN$3,025.00

WO

$0.00 19-33741

3 Resets 0.00 Mos 2/13/20

$3,025.007/2/19

BAKER, REESE WCONFIRMATION HEARINGPlan #55 filed 1/21/2020 works, paying 33.644% to the general unsecured

creditors.

Recommend confirmation of the plan filed 1/21/2020 doc. #557 of 60

ARTURO SEGUNDO CORONEL$1,475.00

EFT

$0.00 19-34077

1 Reset 0.00 Mos 1/22/20

$1,475.007/25/19

BURGER, JOHN VCONFIRMATION HEARINGMOTION TO DISMISS

FILED 10/8/2019, DOC. #42Trustee alleges Debtor’s Official Form 122C is incorrect, thus the plan fails to

meet the requirements of 1325(b).

Plan #17 filed 8/25/2019 fails to begin plan payments in August 2019, which is thirty days after the Petition was filed.

Plan #17 proposes to pay Estates of Creek HOA in Paragraph 11 despite being secured solely by the principal residence.

Paragraph #10 of Plan #17 is incomplete as the Monthly Payment for the 2017 Audi Q5 is incorrect, Date Last Monthly Payment is Due and Contract Rate of Interest have not been provided on Volkswagen's and BBVA Compass Bank's claims. Debtor is treating Volkswagen's claim in both paragraphs 10 and 18.

Debtor is not contributing all disposable income as the direct monthly payment of $878 will terminate in August 2020 without a corresponding step up in payments.

Debtor failed to provide proof to substantiate the debts owed to Estates of Creek HOA, Harris County MUD #104, Klein ISD and BBVA Compass. The bar date

passed on 10/21/2019 and the creditors have not filed claims. The Government Bar Date is 2/10/2019.

Trustee does not Recommend.

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Page 2: Pre-Conf/Dismissal Judge Jeffrey P. Norman, …...Pre-Conf/Dismissal Judge Jeffrey P. Norman, Houston William E. Heitkamp, Trustee Highlighted = H Claims February 19, 2020 9:30 am

Pre-Conf/DismissalJudge Jeffrey P. Norman, Houston

William E. Heitkamp, TrusteeFebruary 19, 2020 9:30 am Highlighted = H Claims

Reset Dates:03/25/202004/15/202005/20/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

9:30 am

REBECCA and TREVI BILES

$100.00EFT

($3,610.00)19-34506

2 Resets -36.10 Mos 2/13/20

$1,700.008/9/19

BAIR, THOMAS ECONFIRMATION HEARING MOTION TO DISMISS FILED 10/23/2019, DOC. #23Plan #15 filed 9/20/2019 fails to provide a 100% dividend to the general unsecured

creditors as required by Debtor’s Official Form 122-C #14 filed on 9/20/2019.

Adversary case 19-03689 filed by Debtor alleges foreclosure was improper as to the residence at 519 Railey St. Agreed Order at docket #43 enforces automatic

stay until the adversary is resolved by final order. Order #43 also orders debtor to make adequate protection payments of $1,600 to be held in suspense by Trustee

pending further order. Debtor has made payments to comply with this order. Pretrial Conference is scheduled for 3/24/2020 at 11:00 AM

Debtor has "Unknown" value listed for potential claims for wrongful termination, medical malpractice, and wrongful foreclosure. If confirmed, Trustee requests a C3

Confirmation order for the non-exempt proceeds.

Trustee requests the Confirmation/Dismissal Hearings be continued to 4/15/2020 @ 9:30

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MILENA BERNUY$410.00

EFT

$0.00 19-35142

2 Resets 0.00 Mos 2/12/20$410.00

9/12/19

ACOSTA, ALEX OCONFIRMATION HEARINGPlan #39 filed 1/21/2020 works, paying 8.43% to the general unsecured creditors.

Recommend confirmation of the plan filed 01/21/2020, doc. #39.

5 of 60

CHANCE JEREMY and BRANDIE

MICHELLE WALKER$2,600.00

WO

($1,300.00)19-35368

1 Reset -0.50 Mos 2/4/20

$420.009/26/19

ACOSTA, ALEX OCONFIRMATION HEARINGMOTION TO DISMISS

FILED 11/6/2019, DOC #32Plan #44 filed on 2/11/2020 does not meet the requirements of §1322(a)(2), as it

does not provide for all known future fixed fees that will come due during the life of the plan, pursuant to the fixed fee agreement granted at docket #11. Plan currently

only pays 92.270% to GUC because of 1st PPF notice filed on 2/3/20 that was not provided for and 4 more will come due.

Plan must remain 100% per Debtor’s Official Form 122C requirement of $55,671.60. Trustee requests a C4 Confirmation Order for 100% Plans.

Trustee does not recommend confirmation

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Page 3: Pre-Conf/Dismissal Judge Jeffrey P. Norman, …...Pre-Conf/Dismissal Judge Jeffrey P. Norman, Houston William E. Heitkamp, Trustee Highlighted = H Claims February 19, 2020 9:30 am

Pre-Conf/DismissalJudge Jeffrey P. Norman, Houston

William E. Heitkamp, TrusteeFebruary 19, 2020 9:30 am Highlighted = H Claims

Reset Dates:03/25/202004/15/202005/20/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

9:30 am

MIGUEL ARNULFO IBARRA

$1,195.00EFT

($300.00)19-35387

2 Resets -0.25 Mos 2/5/20

$1,195.009/27/19

ACOSTA, ALEX OCONFIRMATION HEARINGPlan #32 filed on 1/21/2020 works, paying 3.954% to the general unsecured

creditors.

Motion for Relief #43 filed on 2/10/2020 by JP Morgan Chase alleges debtor has failed to make 4 post-petition mortgage payments totaling $867.12.

Trustee does not recommend confirmation

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SHAWN and JENNIFER MYATT

$790.00 WO

($324.18)19-35397

1 Reset -0.41 Mos 2/12/20$323.08

9/27/19

BAKER, REESE WCONFIRMATION HEARINGMOTION TO DISMISS

FILED 11/12/2019, DOC. #22Trustee alleges Debtors Official Form 122C is inaccurate as it fails to show the correct income over the six month period and does not account for the 2018 tax

refund, thus the plan fails to meet the requirements of 1325(b).

Plan #32 filed on 2/11/2019 is misleading as it appears to pay the claim amount for Americredit in Paragraph 11 despite Trustee’s obligation to pay the lower value amount. The value amount is the same as the claim amount. Additionally, Box 1B

is checked indicating the secured claim is being limited; however, it is not.

Plan #32 fails to provide for the Official Form 122C requirement pursuant to the Trustee's calculation.

Trustee Does Not Recommend.

5 of 60

CAROL MARIE DAVISON$350.00

WO

($80.78)19-35893

1 Reset -0.23 Mos 2/7/20

$161.5410/22/19

ACOSTA, ALEX OCONFIRMATION HEARINGPlan #30 filed 2/13/2020 works at 100% to all creditors. Trustee requests a C4 Confirmation order. Plan is 56 months with a 60 month applicable commitment

period.

Recommend confirmation of the plan filed 02/13/2020, doc. #30. C4 Confirmation Order

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BRIAN NEIL and SHAREESE RAYLYNN

ARNBRISTER$5,000.00

WO

($3,615.38)19-35965

1 Reset -0.72 Mos 2/7/20

$1,153.8510/25/19

ACOSTA, ALEX OCONFIRMATION HEARINGPlan #42 filed 2/12/2020 works at 100% to all creditors. Plan must remain 100%

per Debtor’s Official Form 122C requirement of $331,682.40 and Debtors' retention of excess disposable income. Trustee requests a C4 Confirmation Order for 100%

Plans.

Recommend confirmation of the plan filed 2/12/2020 doc. #42

C4 - Confirmation Order for 100% Plans

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Page 4: Pre-Conf/Dismissal Judge Jeffrey P. Norman, …...Pre-Conf/Dismissal Judge Jeffrey P. Norman, Houston William E. Heitkamp, Trustee Highlighted = H Claims February 19, 2020 9:30 am

Pre-Conf/DismissalJudge Jeffrey P. Norman, Houston

William E. Heitkamp, TrusteeFebruary 19, 2020 9:30 am Highlighted = H Claims

Reset Dates:03/25/202004/15/202005/20/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

9:30 am

JAMES ROBERT BOYER$915.00

EFT

$0.00 19-35984

1 Reset 0.00 Mos 2/4/20

$560.0010/28/19

AGUINAGA, JESSECONFIRMATION HEARINGObjection to Confirmation filed by W.B.T.C. Townhomes Association on

1/23/2020, doc. #46 regarding 10286 Longmont Drive, arguing the plan does not provide the same treatment for each claim within a particular class and feasibility.

Plan #54 filed 2/4/2020 works, paying 31.87% to the general unsecured creditors.

Recommend confirmation of the plan filed 02/04/2020, doc. #54.

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SANDRA MARIA MENDEZ$435.00

EFT

$0.00 19-36170

1 Reset 0.00 Mos 2/5/20

$435.0011/4/19

BAKER, REESE WCONFIRMATION HEARINGMOTION TO DISMISS

FILED 12/30/2019, DOC. #23IRS claim #1 filed 12/3/2019 shows unfiled tax returns for the year 2016 & 2018

and reflects a priority claim amount of $1486. Trustee has received copies of these returns, which reflect tax laiblity. Plan #15 filed 11/25/2019 fails to provide any

treatment for the IRS.

Trustee alleges the Statement of Financial Affairs is inaccurate as it fails to list year-to-date income for the year 2018.

Trustee alleges Debtor's Official Form 122C is inaccurate pursuant to the Trustee's calculation.

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

Procedures.

Trustee alleges the Applicable Commitment Period listed in Paragraph 4 is incorrect. Official Form 122C filed at #14 incorrectly reflects BMI because Debtors

have calculated disposable income using net income from business, instead of gross income pursuant to 1322(d)(1), which references “current monthly income”

as defined in 101(10)(A).

Plan fails to provide the address of the principal residence.

Plan proposes to pay Montgomery County and Weldon Alders in Paragraph 11 despite being secured solely by the principal residence.

Trustee does not recommend.

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Page 5: Pre-Conf/Dismissal Judge Jeffrey P. Norman, …...Pre-Conf/Dismissal Judge Jeffrey P. Norman, Houston William E. Heitkamp, Trustee Highlighted = H Claims February 19, 2020 9:30 am

Pre-Conf/DismissalJudge Jeffrey P. Norman, Houston

William E. Heitkamp, TrusteeFebruary 19, 2020 9:30 am Highlighted = H Claims

Reset Dates:03/25/202004/15/202005/20/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

9:30 am

Plan provides for treatment of Graceland Rentals' claim #2 in the amount of $5237.21 in Paragraph 11, but Graceland Rental has only filed an unsecured claim

for a lease (14x32 storage shed - on lot, new).

CLEO ROSS$1,110.00

WO

$2,701.47 19-36184

1 Reset 2.43 Mos 2/14/20$138.47

11/4/19

BAKER, REESE WCONFIRMATION HEARINGMOTION TO DISMISS

FILED 12/30/2019, DOC. #33AMENDED MOTION TO DISMISS

FILED 1/14/2020, DOC. #35Plan #36 filed 1/17/2020 works, paying 30.98% to the unsecured creditors.

Debtor is delinquent ~ 2.5 payments through February 2020 totaling $2701.47.

Recommend Dismissal.

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MICHAEL WAYNE and SANDRA

LAVONNE MCCOOK$5,350.00EFT WO

($596.15)19-36441

0 Resets -0.11 Mos 2/10/20

$1,419.2311/18/19

BLACK, J THOMASCONFIRMATION HEARINGMOTION TO DISMISS

FILED 1/22/2020, DOC. #34Debtors have failed to provide Trustee with proof of income to substantiate the

income amounts listed on Schedule I and Debtors' Official Form 122C.

Trustee alleges Schedule I is inaccurate as it fails to disclose Joint Debtor's new employer, income and tenure and Debtors' income is understated.

Trustee alleges Debtors are not contributing all disposable income as income is understated and the 401(k) loan repayment of $190.17 will terminate in 2 years

without a corresponding step up in payments.

Plan #2 filed 11/18/2019 fails to indicate on 1C that a security interest or lien is being avoided.

Plan fails to provide for the PHH Mortgage's correct ongoing mortgage payment (Claim $2557.83; Plan $2751.35) and mortgage arrearage claim (Claim

$100,905.74; Plan $100,399.57).

Debtors filed Notices to Strip Lakeland Village Comm Assoc Inc.'s and Bridgeland Council, Inc.'s Liens on 1/29/2020, doc. #'s 36 and 37; however, Paragraph 8C of Plan #2 is blank. Bar Date passed on 1/27/2020 and creditors did not file claims.

Proper notice needs to be provided.

Trustee requests the Confirmation/Dismissal Hearings be continued to 3/25/2020 @ 9:30 for noticing purposes.

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Page 6: Pre-Conf/Dismissal Judge Jeffrey P. Norman, …...Pre-Conf/Dismissal Judge Jeffrey P. Norman, Houston William E. Heitkamp, Trustee Highlighted = H Claims February 19, 2020 9:30 am

Pre-Conf/DismissalJudge Jeffrey P. Norman, Houston

William E. Heitkamp, TrusteeFebruary 19, 2020 9:30 am Highlighted = H Claims

Reset Dates:03/25/202004/15/202005/20/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

9:30 am

ROY LEE and ERIN MAJEWSKI

THIBODEAUX$1,750.00

WO

$0.00 19-36508

0 Resets 0.00 Mos 2/6/20

$1,750.0011/21/19

BEUSTRING, RUSSELL VAN

CONFIRMATION HEARINGMOTION TO DISMISS

FILED 1/22/2020, DOC. #22AMENDED MOTION TO DISMISS

FILED 2/5/2020, DOC. #26Trustee alleges Schedule J is inaccurate as it fails to list Debtor's $200/mo. ESF.

Trustee alleges Schedule J is inaccurate as it fails to list the correct mortgage payment amount.

Trustee alleges that Plan #2 filed on 11/21/2019 fails to provide all of Debtor's disposable income into the plan.

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

Debtors are proposing to make direct post-petition mortgage payments; however, Bank of Brenham's claim shows an arrearage claim amount of $1207.86, which is

principal and interest and pre-petition fees due to the creditor.

Paragraph 10 is incomplete as the Date Last Payment is Due and Contract Rate of interest have not been provided on the Bank of Brenham and Ford's claims.

Based on the pro-rata treatment to One Main, Plan fails to provide sufficient adequate protection on the vehicle.

Objection to Confirmation filed by Bank of Brenham on 2/3/2020 regarding principal residence, arguing the plan violates 11 U.S.C. 1322(b)(2) and 0% interest rate.

Recommend Dismissal.

3 of 60

LORENZO and PHYLLIS JENINE

SIMPSON$3,250.00

WO

$5,100.00 19-36552

0 Resets 1.57 Mos 12/27/19$1,400.00

11/25/19

ACOSTA, ALEX OCONFIRMATION HEARINGMOTION TO DISMISS

FILED 1/22/2020, DOC. #39AMENDED MOTION TO DISMISS

FILED 2/4/2020, DOC. #41Debtor is delinquent over 1 1/2 payments through January 2020 totaling $5100.

Recommend Dismissal.

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Page 7: Pre-Conf/Dismissal Judge Jeffrey P. Norman, …...Pre-Conf/Dismissal Judge Jeffrey P. Norman, Houston William E. Heitkamp, Trustee Highlighted = H Claims February 19, 2020 9:30 am

Pre-Conf/DismissalJudge Jeffrey P. Norman, Houston

William E. Heitkamp, TrusteeFebruary 19, 2020 9:30 am Highlighted = H Claims

Reset Dates:03/25/202004/15/202005/20/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

9:30 am

Debtor failed to provide Trustee with the necessary Domestic Support Obligation documentation to comply with 1302(d)(1).

IRS claim #5 filed 12/23/2019 reflects Debtors have not filed a tax return for the years 2016-2018. Trustee has not received copies of the tax return for the

respective years.

Trustee alleges Schedule I is inaccurate. Per 341 testimony, Debtor was not then employed. Plan Summary also indicates $0 income.

Plan #2 filed 11/25/2019 indicates box 1B is applicable, but the plan does not contain any corresponding treatment.

Plan fails to fully provide for LoanCare's ongoing mortgage claim (Claim $1615.16; Plan $1606).

Plan proposes to credit the entire escrowed mortgage payment towards principal and interest in Paragraph 8.

Plan fails to fully provide for San Joaquin DCSS' priority claim (Claim $2533.01; Plan $2284).

Plan #2 fails to fully provide for Americredit Financial's 910-day claim (Claim $44,115.16; Plan $39,406.50).

Trustee alleges Plan is not feasible due to Debtors' inability to fund the plan pursuant to Plan Summary showing $0 projected income, expenses and

disposable income.

JEFFERY CLARK HARTWELL$1,850.00

WO

$0.00 19-36578

0 Resets 0.00 Mos 2/6/20

$925.0011/26/19

BLACK, J THOMASCONFIRMATION HEARINGMOTION TO DISMISS

FILED 1/23/2020, DOC. #23Plan #2 filed on 11/26/2019 fails to fully provide for U.S. Bank's claim (Arrears per

POC:$12,834.23, Plan $0. Ongoing payments per POC: $1411.40; Plan $1397.21).

Trustee does not recommend.

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Page 8: Pre-Conf/Dismissal Judge Jeffrey P. Norman, …...Pre-Conf/Dismissal Judge Jeffrey P. Norman, Houston William E. Heitkamp, Trustee Highlighted = H Claims February 19, 2020 9:30 am

Pre-Conf/DismissalJudge Jeffrey P. Norman, Houston

William E. Heitkamp, TrusteeFebruary 19, 2020 9:30 am Highlighted = H Claims

Reset Dates:03/25/202004/15/202005/20/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

9:30 am

Plan fails to provide for U.S. Bank's Notice of Post-Petition Mortgage Fees for Bankruptcy/Proof of Claim fees (Claim $200; Plan $0).

Plan Summary #2 is incomplete and fails to match Schedule J #16. Projected income, expenses and disposable income are blank.

Plan Summary #2 fails to list the correct non-exempt property amount of $75 pursuant to Schedule C.

MARISSA OLAN$2,500.00

WO

($1,250.00)19-36619

0 Resets -0.50 Mos 2/12/20

$1,250.0011/27/19

BAKER, REESE WCONFIRMATION HEARINGMOTION TO DISMISS

FILED 1/23/2020, DOC. #26Trustee alleges Schedule I understates Reserve Income for the non-filing spouse

and thus Debtor is not contributing all disposable income.

Plan #29 filed 2/11/2020 fails to provide Smart Financial's cross-collateralized secured claim (Claim $3504.98; Plan $0).

Plan #29 shows new treatment for Castle Credit's secured claim.

Objection to Confirmation filed by Wells Fargo Bank regarding 13703 Aragon Meadow Lane, arguing the plan does not provide for its claims and was not

proposed in good faith and feasibility.

Objection to Confirmation filed by Smart Financial on 2/3/2020, doc. #28 regarding 2014 Nissan Rogue, 2016 Buick LaCrosse and cross-collateralized credit card

loan, arguing the plan fails to pay their claim in full and the interest rate is too low.

Trustee requests the Confirmation/Dismissal Hearings be continued to 3/25/2020 @ 9:30 for noticing purposes.

3 of 60

TRINA STEPNEY$285.00

WO

$175.38 19-36664

0 Resets 0.62 Mos 2/11/20$131.54

12/2/19

BAKER, REESE WCONFIRMATION HEARINGMOTION TO DISMISS

FILED 1/22/2020, DOC. #31AMENDED MOTION TO DISMISS

FILED 2/5/2020, DOC. #35Debtor failed to provide a copy of her 2018 Tax Return to Trustee.

Plan #39 filed 2/12/2020 surrenders Santander's claim for a 2009 Pontiac Vibe and Integrity Texas Funding's secured claim for a title loan. Creditors had not been

Trustee requests the Confirmation/Dismissal Hearings be continued to 3/25/2020 @ 9:30 due to noticing purposes.

2 of 60

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Page 9: Pre-Conf/Dismissal Judge Jeffrey P. Norman, …...Pre-Conf/Dismissal Judge Jeffrey P. Norman, Houston William E. Heitkamp, Trustee Highlighted = H Claims February 19, 2020 9:30 am

Pre-Conf/DismissalJudge Jeffrey P. Norman, Houston

William E. Heitkamp, TrusteeFebruary 19, 2020 9:30 am Highlighted = H Claims

Reset Dates:03/25/202004/15/202005/20/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

9:30 am

previously treated in the plan.

CORY and MISTY BARCOMB$2,000.00

WO

$1,500.00 19-36670

0 Resets 0.75 Mos 2/14/20$500.00

12/2/19

BAIR, THOMAS ECONFIRMATION HEARINGMOTION TO DISMISS

FILED 1/24/2020, DOC. #29AMENDED MOTION TO DISMISS

FILED 2/4/2020, DOC. #30Debtors failed to provide copies of their 2018 Tax Returns to Trustee.

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

Trustee alleges Schedule B fails to disclose Debtor's 2015 Chevy Silverado and the correct value of Household Goods and Furnishings.

Plan #19 filed 1/14/2020 proposes to surrender Regions Bank's claim for "money on deposit"; however, the claim was classified and filed as unsecured.

Plan fails to provide for Waterstone CAI's secured claim (Claim $7243.85; Plan $6900).

Plan #19 fails to provide for Americredit Financial's secured claim for a 2012 Chevy Traverse (Claim $2767.69; Plan $0).

Plan #19 fails to provide for Wells Fargo's secured claim (Claim $179.15; Plan $0).

Debtor failed to provide sufficient information to substantiate the income on Form 122C and thus Trustee is unable to determine whether the plan meets the

requirements of 1325(b).

Trustee does not recommend.

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VANICE RAY VOLCY, JR

$0.01 No Pmt info

$0.02 19-36689

0 Resets 2.00 Mos 1/1/00$0.00

12/2/19

.PRO SECONFIRMATION HEARINGMOTION TO DISMISS

FILED 1/23/2020, DOC. #24Arrest warrant issued on 1/18/2020, doc. #19. Show cause hearing set for

2/5/2020 @ 9:30.

Order Directing U.S. Marshall to Bring Debtor Before the Court on 3/24/2020 @

Recommend Dismissal.

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Page 10: Pre-Conf/Dismissal Judge Jeffrey P. Norman, …...Pre-Conf/Dismissal Judge Jeffrey P. Norman, Houston William E. Heitkamp, Trustee Highlighted = H Claims February 19, 2020 9:30 am

Pre-Conf/DismissalJudge Jeffrey P. Norman, Houston

William E. Heitkamp, TrusteeFebruary 19, 2020 9:30 am Highlighted = H Claims

Reset Dates:03/25/202004/15/202005/20/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

9:30 am

1:30.

Debtor failed to appear for 341 Meeting held on 1/22/2020.

Payment has not been received in this case.

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

Debtor has failed to file or provide all of the information required under 11 U .S.C. 521(a),(b),(e),(f) and (h), and BLR 1017(a)(4). Specifically, Debtor has failed to file

or provide the following:

A) A creditor mailing list in the format prescribed by the clerk.

B) A completed Schedule of Assets and Liabilities on the official form.

C) A schedule of current income and current expenditures.

D) A Statement of Financial Affairs on the official form.

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

F) Completed form 122C, as required by 11 U.S.C. 521(a)(1)(v).

G) A Certificate of Credit Counseling required by 11 U.S.C. 521(b).

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

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

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

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Pre-Conf/DismissalJudge Jeffrey P. Norman, Houston

William E. Heitkamp, TrusteeFebruary 19, 2020 9:30 am Highlighted = H Claims

Reset Dates:03/25/202004/15/202005/20/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

9:30 am

SONIA MARGARITA FERNANDEZ

$1,615.00 WO

$496.93 19-36828

0 Resets 0.31 Mos 2/11/20$372.69

12/10/19

ACOSTA, ALEX OCONFIRMATION HEARINGPlan #39 filed 1/22/2020 fails to provide for the secured claim filed by Harris County in the amount of $550.99. Harris County has filed an Objection to

Confirmation at docket #41.

Plan #39 filed 1/22/2020 is providing for a secured claim of $1,000 for Preston Towber for attorney's fees per the Agreed Order at docket #32 in paragraph 9. Trustee argues that these amounts should be reflected as a 3002.1 Amount in

paragraph 8.

Trustee does not recommend confirmation

2 of 60

LESROY WALTERS$265.00

WO

$0.00 19-36830

0 Resets 0.00 Mos 2/7/20

$265.0012/10/19

ACOSTA, ALEX OCONFIRMATION HEARING MOTION TO DISMISS FILED 1/22/2020, DOC. #30IRS claim #4 filed 1/23/2020 reflects Debtor has not filed a tax return for the years 2016 - 2018. Trustee has received an unsigned copy of the tax return 2018 only.

Based on NADA value ($4,712.50) as required by Order #18, the Plan does not provide sufficient adequate protection to Santander.

Trustee does not recommend confirmation

2 of 60

CHARLES BROCATO$1,400.00

WO

($1,730.76)19-36901

0 Resets -1.24 Mos 2/11/20$426.92

12/16/19

BERGLUND, ERIKCONFIRMATION HEARING MOTION TO DISMISS FILED 1/22/2020, DOC. #20Debtor is proposing to pay United Auto Credit directly for a claim with an

excessive contractual interest rate of 20% at the expense of general unsecured creditors.

Debtor is not contributing all disposable income as the direct monthly payment of $375 will terminate in 5/2020 without a corresponding step up in payments.

Plan #24 filed 2/12 works at 38.755% to the general unsecured creditors,but is misleading as it claims to repay 60% of GUC.

Trustee does not recommend.

2 of 60

1:30 pm

LESLIE ANN RICHARDSON

$1,780.00EFT

$0.00 19-33506

3 Resets 0.00 Mos 1/22/20

$2,085.006/25/19

GUZMAN, ELOISE ACONFIRMATION HEARINGMOTION TO DISMISS

FILED 8/8/2019, DOC. #49AMENDED MOTION TO DISMISS

FILED 9/12/2019, DOC. #51Plan #73 filed 1/17/2020 provides for Propel Financial Services' and Bank of

America's secured claims; however, both claims were withdrawn on 11/26/2019, doc. #'s 70 and 71 stating the claims have been "satisfied".

Trustee Does Not Recommend.

8 of 60

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Pre-Conf/DismissalJudge Jeffrey P. Norman, Houston

William E. Heitkamp, TrusteeFebruary 19, 2020 1:30 pm Highlighted = H Claims

Reset Dates:03/25/202004/15/202005/20/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

1:30 pm

JOSE R and LORENA P TREVINO$4,300.00

EFT

$6,900.00 19-34122

4 Resets 1.60 Mos 1/7/20

$2,500.007/29/19

JONES III, THOMAS FREDERICK

CONFIRMATION HEARINGMOTION TO DISMISS

FILED 9/25/2019, DOC #42AMENDED MOTION TO DISMISS

FILED 12/2/2019, DOC #75Response to Trustee's Motion to Dismiss filed 10/3/19 at docket #44.

Trustee alleges that the plan is not feasible as Debtors have never been current in the 6 months that plan payments have come due. Debtor is delinquent 1.5

payments through 1/28/2020 totaling $6900.00.

Plan #86 filed 12/11/2019 provides for bifurcated treatment of the same claim. Trustee objects to confirmation of a plan that proposes to have Debtor make direct

payments on the ongoing payment and Trustee to make payments on post-petition arrears.

Objection to Confirmation #51 filed on 10/21/2019 by Flagstar Bank.

Motion to Compel Execution of Documents by Dolores Alcaraz #92 filed on 1/16/2020. Hearing set 2/12/2020 at 11:00 AM.

Trustee recommends dismissal

7 of 60

SHAWNIQUE and BRYANT WATERS

$4,000.00 WO

$3,322.64 19-34157

4 Resets 0.83 Mos 2/7/20

$1,176.927/30/19

CIMENT, DANIELCONFIRMATION HEARING MOTION TO DISMISS FILED 9/24/2019, DOC. #36Plan #64 filed 1/21/2020 is attempting to establish a Reserve for "Emergency

Savings Funds" in paragraph 23 in the amount of $6,000 as well as an Emergency Savings Fund of $6,000 in paragraph 22. Trustee alleges the plan is misleading as

it is actually creating a combined $12,000 emergency savings fund.

Trustee does not recommend confirmation

7 of 60

ANDREW SHEDELL THOMAS$1,065.00

WO

$382.25 19-34247

2 Resets 0.36 Mos 2/13/20$245.77

8/2/19

KEELING, KENNETH A

CONFIRMATION HEARINGPlan #57 filed on 1/16/2020 works, paying 2.552% to the general unsecured

creditors.

Recommend confirmation of the plan filed 1/16/2020 doc. #576 of 60

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Pre-Conf/DismissalJudge Jeffrey P. Norman, Houston

William E. Heitkamp, TrusteeFebruary 19, 2020 1:30 pm Highlighted = H Claims

Reset Dates:03/25/202004/15/202005/20/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

1:30 pm

EDWARD R GRONDIN, JR

$1,600.00EFT

($100.00)19-34305

0 Resets -0.06 Mos 2/5/20

$1,600.008/5/19

JONES III, THOMAS FREDERICK

CONFIRMATION HEARINGMOTION TO DISMISS

FILED 9/18/2019, DOC. #29AMENDED MOTION TO DISMISS

FILED 9/19/2019, DOC. #31AMENDED MOTION TO DISMISS

FILED 10/11/2019, DOC. #32Debtor has failed to provide Trustee with proof of income to substantiate the

income amounts listed on Schedule I and Debtor’s Official Form 122C. Trustee alleges the plan is not feasible.

Trustee alleges Schedule I is inaccurate as it purports that Debtors receive more Social Security income amount than the actual award.

Trustee Does Not Recommend.

6 of 60

PATRICIA MICHAELS

$608.00 ACH

$0.00 19-35169

2 Resets 0.00 Mos 2/7/20

$608.009/13/19

CRAWFORD, LINDACONFIRMATION HEARINGPlan #37 filed 2/4/2020 works, paying 2.751% to the general unsecured creditors.

Recommend confirmation of the plan filed 2/4/2020 doc. #375 of 60

CHATRELL and KEN KIRT

$4,400.00 WO

$7,738.44 19-35172

1 Reset 1.76 Mos 2/14/20

$1,003.859/13/19

CIMENT, DANIELCONFIRMATION HEARINGMOTION TO DISMISS

FILED 11/4/2019, DOC #28AMENDED MOTION TO DISMISS

FILED 2/5/2020, DOC #49Trustee alleges that the plan is not feasible as Debtors have never been current in

the 4 months that plan payments have come due.

Debtors are delinquent $7,738.44 through February.

Plan #40 filed on 12/9/2019 works, paying 2.649% to the general unsecured creditors.

Objection to Confirmation #29 filed on 11/18/2019 by Lakeview Loan Servicing.

Trustee does not recommend confirmation

5 of 60

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Pre-Conf/DismissalJudge Jeffrey P. Norman, Houston

William E. Heitkamp, TrusteeFebruary 19, 2020 1:30 pm Highlighted = H Claims

Reset Dates:03/25/202004/15/202005/20/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

1:30 pm

JACK DANIELS III$1,450.00

ACH

($633.55)19-35195

2 Resets -0.44 Mos 2/7/20

$633.559/14/19

HARRIS, WILLIAM GCONFIRMATION HEARINGMOTION TO DISMISS

FILED 11/15/2019, DOC. #25No corrective action taken since last hearing.

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

Debtor has not yet submitted to a reasonable examination of requested financial records by Trustee's accountant, as required by 11 U.S.C. 521(a)(3). Debtor's 1st meeting was set for 12/9/2019. Debtor's 2nd meeting was reset for 1/6/2020 by Debtor. Debtor's 3rd meeting was reset for 1/20/2020 wherein Debtor appeared, but failed to bring the required paperwork. Debtor's 4th meeting has been set for

2/17/2020.

Trustee alleges Schedule J is inaccurate as it lists direct payments to Harley-Davidson for two (2) motorcycles that are to be paid in the plan.

Trustee alleges Schedule J reflects insufficient disposable income to fund Debtors' plan. Trustee alleges that Debtor is expending funds that are not reasonably

necessary for Debtor or any dependent.

Plan #12 fails to provide adequate protection on vehicles in months 1-3.

Plan #12 fails to provide for the IRS' priority claim (Claim $1593; Plan $0).

Based on the pro-rata treatment to Harley-Davidson, Ally Financial and Financial Pacific Leasing, the Plan fails to provide sufficient adequate protection on the

vehicles.

Plan #12 is misleading as it appears to pay a higher claim amount for Snap-On Credit in Paragraph 11 despite Trustee’s obligation to pay the lower value amount.

Plan #12 may fails to provide for Harley-Davidson's secured claim for a 2014 Harley Street Glide (Claim $14,686.13; Plan $0) and separate claim for 2012

Harley Dyna Custom (Claim $9169.05; Plan $0). However, plan may be proposing

Recommend Dismissal.

5 of 60

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Pre-Conf/DismissalJudge Jeffrey P. Norman, Houston

William E. Heitkamp, TrusteeFebruary 19, 2020 1:30 pm Highlighted = H Claims

Reset Dates:03/25/202004/15/202005/20/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

1:30 pm

to combine both claims.

Plan #12 fails to provide for Santander's secured claim for a 2018 Jeep Wrangler (Claim $45,914.03; Plan $0).

Plan #12 fails to provide for SunTrust Bank's secured claim for a $2015 Kia Rio (Claim $7674.09; Plan $0).

Plan #12 fails to provide for Montgomery County's property tax claim for the business and homestead (Claim $7155.59; Plan $0).

Plan #12 provides for treatment of Stearns Bank's claim #12 for a 2011 Ford 650 in the amount of $13,504.94 in Paragraph 11, paying $0, but Stearns Bank has only

filed an unsecured claim.

Debtor failed to file the Plan #12 and Plan Summary #42 as one document.

Objection to Confirmation filed by Harley Davidson on 10/10/2019, doc. #16 regarding 2012 Harley Davidson Dyna Wide Glide Motorcycle, arguing the plan

does not provide for the collateral.

Objection to Confirmation filed by Santander on 11/1/2019, doc. #21 regarding 2018 Jeep Wrangler, arguing the plan does not provide for the collateral.

Objection to Confirmation filed by Montgomery County on 12/4/2019, doc. #28, arguing Plan fails to provide for their claim and 12% interest rate.

ANTONIO CARRIZALES and

JANET A. NEAVES$1,970.00

WO

($708.43)19-35209

0 Resets -0.36 Mos 2/7/20

$454.629/16/19

GUZMAN, ELOISE ACONFIRMATION HEARINGMOTION TO DISMISS

FILED 11/4/2019, DOC #28Response #31 to Trustee's Motion to Dismiss filed 12/10/2019.

Based on NADA value ($6,175) as required by Order #6, Plan #32 filed 12/10/2019 does not provide sufficient adequate protection to Integrity Texas Funding.

Plan fails to properly provide for the claim of Caliber Home Loans (Arrears per

Trustee does not recommend confirmation

5 of 60

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Pre-Conf/DismissalJudge Jeffrey P. Norman, Houston

William E. Heitkamp, TrusteeFebruary 19, 2020 1:30 pm Highlighted = H Claims

Reset Dates:03/25/202004/15/202005/20/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

1:30 pm

POC: $3754.57, Plan $5000.00. Ongoing payments per POC $1198.52; Plan: $1189.61).

Debtor failed to provide proof to substantiate the amounts paid to the IRS through the Plan. Creditor has not filed a claim (governmental bar date is 3/16/20) and

Trustee must disburse on the unsecured claim according to plan.

Debtors failed to provide proof of family contribution and rental income.

CATHERYN YVONNE LONGINO

$3,700.00 No Pmt info

$0.00 19-35434

1 Reset 0.00 Mos 2/5/20

$3,625.009/28/19

HIXON, ERIC CCONFIRMATION HEARINGMOTION TO DISMISS

FILED 12/18/2019, DOC. #23Debtor has failed to implement an EFT/ACH authorization as required by Local

Bankruptcy Rule 1007-1(c).

IRS claim #4 filed 11/5/2019 reflects Debtor has not filed a tax return for the years 2016-2018. Trustee has not received copies of tax returns for the respective years.

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

(March-August, 2019).

Debtor has failed to provide Trustee with proof of roommate's and family's contributions.

Trustee alleges, based on 341 testimony, that Debtor has failed to disclose a claim against her former attorney.

Objection to Confirmation filed by Select Portfolio, doc. #13 filed 10/16/2019 regarding 3373 Ozark St. Houston, TX 77021.

Debtor's Amended Objection to Americredit's Unsecured Claim #3 is set for hearing on 3/24/2020 @ 1:30.

Recommend dismissal.

5 of 60

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Pre-Conf/DismissalJudge Jeffrey P. Norman, Houston

William E. Heitkamp, TrusteeFebruary 19, 2020 1:30 pm Highlighted = H Claims

Reset Dates:03/25/202004/15/202005/20/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

1:30 pm

SORIYA VANAN SAUKAM OHIA

$1,650.00 WO

($1,929.25)19-35597

1 Reset -1.17 Mos 2/7/20

$913.8510/1/19

KEELING, KENNETH A

CONFIRMATION HEARINGMOTION TO DISMISS

FILED 12/18/2019, DOC #27Response #30 to Trustee's Motion to Dismiss filed 1/15/2020.

Plan #44 filed on 2/12/2020 works, paying 5.759% to the general unsecured creditors.

Plan changed the treatment of American Credit Acceptance from a direct pay to surrender for 2013 Lincoln MKZ without sufficient notice for this hearing.

Debtor has failed to provide proof of boyfriend's contribution of $1000.00 per month.

Trustee recommends confirmation/dismissal hearings be continued to 3/25/2020 at 1:30 PM.

4 of 60

MAX J MEINDL$2,275.00

No Pmt info

$0.00 19-35770

1 Reset 0.00 Mos 2/11/20

$2,275.0010/14/19

GUERRA, RICARDOCONFIRMATION HEARINGMOTION TO DISMISS

FILED 12/10/2019, DOC. #19AMENDED MOTION TO DISMISS

FILED 2/5/2020, DOC. #47Debtor has failed to file a wage deduction order or EFT/ACH authorization with the

Court.

Plan #45 fails to list the treatment and reason for special classification for FedLoan Servicing in Paragraph 16.

Plan Summary #45 and Schedule J #43 do not match. The projected expenses and disposable income amounts do not match.

The plan is not feasible pursuant to U.S.C. 1325(a)(6) due to the Plan Summary showing Debtor cannot afford his plan payments for months 4-60.

Plan #45 does not meet the requirements of 1322(a)(2), as it does not provide for all known future fixed fees that will come due during the life of the plan, pursuant to

the fixed fee agreement granted at docket #25.

Debtor's Second Amended Objection to PYOD, LLC's Claim #1 filed 1/8/2020, doc. #29. Hearing has been set for 3/24/2020 @ 1:30.

Trustee requests the Confirmation/Dismissal Hearings be continued to 4/15/2020 @ 1:30 due to Debtor's rescheduled claim objection settings.

4 of 60

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Pre-Conf/DismissalJudge Jeffrey P. Norman, Houston

William E. Heitkamp, TrusteeFebruary 19, 2020 1:30 pm Highlighted = H Claims

Reset Dates:03/25/202004/15/202005/20/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

1:30 pm

Debtor's Second Amended Objection to PYOD, LLC's Claim #2 filed 1/8/2020, doc. #30. Hearing has been set for 3/24/2020 @ 1:30.

Objection to Confirmation filed by Bank of NY Mellon (Bayview Loan Servicing) on 1/15/2020, doc. #38 regarding 5 East Austin Street, Bellville, TX 77418, arguing

the plan does not provide for its arrearage claim.

VERNON W WELLS$2,500.00

WO

($1,730.73)19-35772

1 Reset -0.69 Mos 2/11/20

$1,153.8410/15/19

DAMANI, ANISCONFIRMATION HEARINGMOTION TO DISMISS

FILED 12/18/2019, DOC #35AMENDED MOTION TO DISMISS

FILED 2/10/2020, DOC #49Plan #41 filed on 1/17/2020 fails to list the complete principal residence address

(City, State, Zip Code).

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

Trustee alleges the Applicable Commitment Period listed in Paragraph 4 is incorrect.

Trustee does not recommend confirmation

4 of 60

GREGORY SEAN BRUEGGER

$1,200.00 ACH

($100.00)19-35989

0 Resets -0.08 Mos 1/23/20

$1,200.0010/28/19

GREENE, LIZACONFIRMATION HEARINGObjection to Confirmation filed by Laurie Mercedes Bruegger on 2/10/2020, doc. #36, regarding Debtor's pending divorce, arguing feasibility, good faith, fails the

liquidation test and fails to provide for all domestic support obligations. Debtor filed an Opposition Response on 2/12/2020, doc. #40.

Amended Motion to Extend Time to File a Complaint Objecting to Discharge filed by Laurie Mercedes Bruegger on 2/11/2020, doc. #37. Hearing set for 3/4/2020 @

1:30.

Plan #29 filed 1/17/2020 works, paying 51.57% to the general unsecured creditors.

Trustee does not recommend.

4 of 60

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Pre-Conf/DismissalJudge Jeffrey P. Norman, Houston

William E. Heitkamp, TrusteeFebruary 19, 2020 1:30 pm Highlighted = H Claims

Reset Dates:03/25/202004/15/202005/20/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

1:30 pm

CAROL ENZLY WYATT

$1,470.00 WO ACH

$770.00 19-36271

1 Reset 0.52 Mos 2/7/20

$645.0011/7/19

GUZMAN, ELOISE ACONFIRMATION HEARINGPlan #30 filed 1/2/2020 works, paying 100% to the general unsecured creditors.

Recommend confirmation of the plan filed 01/02/2020, doc. #30.

3 of 60

KATHLEEN ANDREW THOMAS

$1,730.00 WO

($71.54)19-36370

0 Resets -0.04 Mos 2/7/20

$876.9211/13/19

KEELING, KENNETH A

CONFIRMATION HEARING MOTION TO DISMISS FILED 1/22/2020, DOC. #29Plan #32 filed 2/10/2020 works, paying 4.311% to the general unsecured creditors.

Recommend confirmation of the plan filed 02/10/2020, doc. #32.

3 of 60

ROBERT and JACQUELINE H

MALKA$500.00

No Pmt info

$0.00 19-36439

0 Resets 0.00 Mos 2/6/20

$250.0011/18/19

FERGUSON, JAMES T

CONFIRMATION HEARINGMOTION TO DISMISS

FILED 1/22/2020, DOC. #19Plan #9 filed 11/21/2019 indicates paragraph 1B is applicable, however, the plan

does not contain any corresponding treatment.

Trustee alleges 109(e) eligibility issues cannot be resolved until all claims have been filed.

Trustee requests the Confirmation/Dismissal Hearings be continued to 6/24/2020 @ 1:30 to allow the government bar date to pass.

3 of 60

RUBY WYVETTE LEE-CRAWFORD

$340.00EFT

$0.00 19-36493

0 Resets 0.00 Mos 1/16/20$340.00

11/21/19

GUZMAN, ELOISE ACONFIRMATION HEARINGMOTION TO DISMISS

FILED 1/22/2020, DOC. #26IRS claim #2 filed 12/12/2019 reflects Debtor has not filed a tax return for the year 2018. Trustee has received an unsigned copy of the tax return for the respective year. Debtor's Objection to IRS' Proof of Claim #2 is set for 3/24/2020 @ 1:30.

Debtor argues she owes $0.

Paragraph 10 of Plan #11 filed 12/3/2019 is incomplete as the Contract Rate of Interest has not been provided on four (4) Aaron's claims, Acima and

Rent-A-Center claims.

Plan #10 provides for dual treatment of the same claims of Aaron's. Debtor is listing all four (4) of Aaron's claims in Paragraph #10 and in Paragraph #18.

Trustee requests the Confirmation/Dismissal Hearings be continued to 4/15/2020 @ 1:30 due to Debtor's Claim Objection setting for March.

3 of 60

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Pre-Conf/DismissalJudge Jeffrey P. Norman, Houston

William E. Heitkamp, TrusteeFebruary 19, 2020 1:30 pm Highlighted = H Claims

Reset Dates:03/25/202004/15/202005/20/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

1:30 pm

Plan #10 fails to fully provide for Harris County's claim (Claim $58.59; Plan $53.99).

Debtor failed to provide proof to substantiate the debts paid to Goose Creek ISD and JT Asset Partners through the Plan.

BEVERLY GARRETT GODFREY

$535.00 WO

$0.00 19-36494

0 Resets 0.00 Mos 2/11/20$250.00

11/21/19

KEELING, KENNETH A

CONFIRMATION HEARINGPlan #35 filed 2/4/2020 works, paying 1.869% to the general unsecured creditors.

Recommend confirmation of the plan filed 02/04/2020, doc. #35.

3 of 60

GEORGE LEANRD VANHOWTEN

$810.66 WO

$1,421.32 19-36510

0 Resets 1.75 Mos 1/30/20$200.00

11/21/19

GALLEVO, MICHAELCONFIRMATION HEARINGMOTION TO DISMISS

FILED 1/3/2020, DOC #26AMENDED MOTION TO DISMISS

FILED 1/27/2020, DOC #28Debtor is delinquent 1.4 payments through 1/21/2020 totaling $1421.32.

Plan #2 filed 11/21/19 fails to include an ad valorem reserve as required by Paragraph 23(D).

Based on Debtor's 31 testimony, Trustee alleges Schedule I is inaccurate.

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

Debtor failed to provide Trustee with a copy of the 2018 Federal Income Tax Return.

Objection to Confirmation #18 filed on 12/4/2019 by Vanderbilt Mortgage.

Trustee does not recommend confirmation

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Page 21: Pre-Conf/Dismissal Judge Jeffrey P. Norman, …...Pre-Conf/Dismissal Judge Jeffrey P. Norman, Houston William E. Heitkamp, Trustee Highlighted = H Claims February 19, 2020 9:30 am

Pre-Conf/DismissalJudge Jeffrey P. Norman, Houston

William E. Heitkamp, TrusteeFebruary 19, 2020 1:30 pm Highlighted = H Claims

Reset Dates:03/25/202004/15/202005/20/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

1:30 pm

TRACEY P WOODSON

$665.00 WO

$0.00 19-36542

0 Resets 0.00 Mos 2/11/20$332.50

11/24/19

KIM, MIN GYUCONFIRMATION HEARINGMOTION TO DISMISS

FILED 1/21/2020, DOC. #22Plan #27 filed 2/13/2020 proposes to surrender PHH Mortgage's and U.S.

Department of Housing and Urban Development's claims for the 16107 Sheldon Ridge Way property.

Objection to Confirmation filed by PHH Mortgage on 1/13/2020, doc. #20 regarding 16107 Sheldon Ridge Way, arguing the plan does not provide for its claims,

feasibility and good faith.

Plan #27 filed 2/13/2020 works, paying 100% to the general unsecured creditors.

Trustee does not recommend.

3 of 59

STERLING JAMES FRYFOGLE$2,170.00

EFT

$0.00 19-36545

0 Resets 0.00 Mos 1/30/20

$2,170.0011/25/19

DEAL, RICK JCONFIRMATION HEARINGMOTION TO DISMISS

FILED 1/23/2020, DOC. #21Trustee alleges that Debtor is not proposing to contribute all disposable income.

Schedule I (which does not disclose Debtor's and non-filing spouse's occupations, name of their businesses and tenure) understates gross income and Schedule J lists a $756.89 health insurance expense that Debtor has failed to substantiate

and items which may be included as business expenses as well.

Schedules I/J do not itemize gross business income and expenses.

Trustee does not recommend.

3 of 60

JAMES A FITZLAFF$3,150.00

EFT

$3,150.00 19-36595

0 Resets 1.00 Mos 1/8/20

$400.0011/27/19

FEALY, VICKYCONFIRMATION HEARINGMOTION TO DISMISS

FILED 1/23/2020, DOC. #27AMENDED MOTION TO DISMISS

FILED 2/6/2020, DOC. #28Debtor filed a Non-Opposition Response to Trustee's Motion to Dismiss on

2/6/2020, doc. #29.

Trustee alleges Plan #16 filed 12/11/2019 is not feasible. Debtor lists $1200 income on amended schedule I for "Anticipated income". Trustee has not received

proof of income for the Debtor's second job.

Plan #16 fails to fully provide for Freedom Mortgage's claim (Arrears per POC:

Recommend dismissal.

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Page 22: Pre-Conf/Dismissal Judge Jeffrey P. Norman, …...Pre-Conf/Dismissal Judge Jeffrey P. Norman, Houston William E. Heitkamp, Trustee Highlighted = H Claims February 19, 2020 9:30 am

Pre-Conf/DismissalJudge Jeffrey P. Norman, Houston

William E. Heitkamp, TrusteeFebruary 19, 2020 1:30 pm Highlighted = H Claims

Reset Dates:03/25/202004/15/202005/20/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

1:30 pm

$19,349.39, Plan $7500. Ongoing payments per POC: $2221.19; Plan $2181.00).

Objection to Confirmation filed by Freedom Mortgage Corporation on 2/12/2020, doc. #30 regarding 15919 Lake Lodge Drive, arguing the plan does not provide for

its claims and feasibility.

PATRICIA PARISH DUGAR$900.00EFT WO

($1,466.27)19-36625

0 Resets -1.63 Mos 2/11/20$600.00

11/29/19

KEELING, KENNETH A

CONFIRMATION HEARINGPlan #39 filed 2/11/2020 works, paying 28.278% to the general unsecured

creditors.

Recommend confirmation of the plan filed 02/11/2020, doc. #39.

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ANTHONY ODELL MACKEY$1,550.00

WO

($463.08)19-36642

0 Resets -0.30 Mos 2/11/20$890.77

12/2/19

KEELING, KENNETH A

CONFIRMATION HEARING MOTION TO DISMISS FILED 1/22/2020, DOC. #27Objection to Confirmation filed by Harris County at doc #32.

Plan#30 filed 2/5/2020 indicates 2019 property taxes are paid direct via escrow, but mortgage proof of claim does not appear to escrow for taxes (only $70 per

month).

Trustee alleges Debtor has failed to disclose 2018 and 2019 tax refunds. Accordingly, the plan may not meet the liquidation test.

Trustee does not recommend confirmation

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ERASMO GARZA, JR

$1,999.83 No Pmt info

$1,999.83 19-36669

0 Resets 1.00 Mos 1/30/20

$1,999.8312/2/19

GALLEVO, MICHAELCONFIRMATION HEARINGMOTION TO DISMISS

FILED 1/24/2020, DOC. #31Debtor failed to provide Trustee with proof of income to substantiate the income

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

Debtor has not provided Trustee with information sufficient for Trustee to comply with 11 U.S.C. 1302(d) for the Domestic Support Obligation.

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

Procedures.

Plan #21 filed 12/15/2019 proposes to pay LoanCare Servicing in Paragraph 11 despite being secured solely by the principal residence.

Trustee does not recommend.

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Pre-Conf/DismissalJudge Jeffrey P. Norman, Houston

William E. Heitkamp, TrusteeFebruary 19, 2020 1:30 pm Highlighted = H Claims

Reset Dates:03/25/202004/15/202005/20/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

1:30 pm

Plan proposes to credit the entire escrowed mortgage payment towards principal and interest.

Paragraph 10 is incomplete as the Date Last Payment is Due and Contract Rate of interest has not been provided on Mi Terra's claim.

Plan indicates paragraph 1B is applicable, but the plan does not include any corresponding treatment.

Plan fails to fully provide for LoanCare's claim (Arrears per POC: $37,645.64, Plan: $15,000. Ongoing payments per POC: $2259.84; Plan: $1004.10).

Objection to Confirmation filed by Lakeview Loan Servicing on 2/10/2020, doc. #32 regarding 2328 Colleen Drive, arguing the plan does not provide for its claim(s) and

feasibility.

SARAH REBECCA GINES

$2,735.00 WO

$1,051.88 19-36687

0 Resets 0.38 Mos 2/7/20

$631.1612/2/19

KEELING, KENNETH A

CONFIRMATION HEARINGPlan #27 filed on 2/12/2020 fails to fully provide for the claim of Rushmore Loan

Management Services (Arrears per POC: $15,286.70, Plan $16,425.74. Ongoing payments per POC $2066.10; Plan: $2094.37).

Trustee does not recommend confirmation

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NICHELLE M. JONES

$2,500.00 WO

$0.00 19-36747

0 Resets 0.00 Mos 2/6/20

$1,250.0012/3/19

CIMENT, DANIELCONFIRMATION HEARINGMOTION TO DISMISS

FILED 1/24/2020, DOC. #46Debtor failed to provide a copy of her 2018 Tax Return to Trustee.

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

includes rental income.

Trustee alleges Schedule A fails to disclose the value of the 1/3 portion the Debtor's husband owns of his $561K property in Jamaica.

Trustee alleges Schedule G fails to list Debtor's lessee.

Recommend Dismissal.

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Page 24: Pre-Conf/Dismissal Judge Jeffrey P. Norman, …...Pre-Conf/Dismissal Judge Jeffrey P. Norman, Houston William E. Heitkamp, Trustee Highlighted = H Claims February 19, 2020 9:30 am

Pre-Conf/DismissalJudge Jeffrey P. Norman, Houston

William E. Heitkamp, TrusteeFebruary 19, 2020 1:30 pm Highlighted = H Claims

Reset Dates:03/25/202004/15/202005/20/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

1:30 pm

Plan #2 filed 12/3/2019 fails to properly treat the principal residence claims. Debtor is proposing to pay both "pro-rata" and fixed monthly payments on PHH

Mortgage's 2nd lien.

Plan is proposing to treat PHH Mortgage's 2nd lien as a total debt claim and a cure and maintain.

Plan fails to fully provide for PHH Mortgage's 1st lien claim (Arrears per POC: $7745.16, Plan: $5500. Ongoing payments per POC:$1316.41; Plan: $1308.24) .

Plan fails to fully provide for PHH Mortgage 2nd lien total debt mortgage claim (Claim $28,421.06; Plan $28,197).

Plan fails to provide for Shellpoint Mortgage's secured claim #6 filed 2/10/2020 and scheduled on Schedule D #10 (POC:$51,334.03; Plan: $0).

Plan fails to pay 100% as proposed and required due to non-exempt property.

Motion to Extend Stay was denied for lack of service, order #34.

Objection to Confirmation of Plan Filed by NewRez LLC d/b/a Shellpoint Mortgage Servicing filed 12/30/2019, #42.

Objection to Confirmation of Plan Filed by PHH Mortgage Corporation filed 12/19/2019, #37.

TERRY GOSTON$2,145.00

WO

$2,145.00 19-36748

0 Resets 1.00 Mos 1/8/20

$2,145.0012/4/19

COSEY, HENRI MCONFIRMATION HEARING MOTION TO DISMISS FILED 1/22/2020, DOC. #34IRS claim #3 filed 1/14/2020 reflects Debtor has not filed a tax return for the years 2016 and 2017. Trustee has received an unsigned copy of the tax returns for the

respective years.

Plan #5 filed 12/10/2019 fails to provide interest on the claim for Ashcreek Homeowners Assoc. Inc. in paragraph 8 and paragraph 11 of the plan.

Plan proposes to pay Ashcreek Homeowners Assoc. Inc. in Paragraph 11 despite being secured solely by the principal residence. Trustee objects to this duplicate

Trustee does not recommend confirmation

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Pre-Conf/DismissalJudge Jeffrey P. Norman, Houston

William E. Heitkamp, TrusteeFebruary 19, 2020 1:30 pm Highlighted = H Claims

Reset Dates:03/25/202004/15/202005/20/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

1:30 pm

treatment as a claim for this creditor is already addressed in paragraph 8. If this is intended to be future payments, Trustee argues that those should be set up as a

Reserve under paragraph 23.

Objection to Confirmation filed by Wells Fargo at docket #31. Creditor asserts a value of $12,550 for the 2013 Kia Optima. Plan #5 is paying a value of $9,500 in

paragraph 11.

Plan fails to fully provide for the claim of Specialized Loan Servicing (Arrears per POC: $32,1803.32, Plan $25,000. Ongoing payments per POC $1,216.62; Plan: $1,196.76). Specialized Loan Servicing has filed an objection to confirmation at

docket #23.

Plan does not meet the requirements of 1322(a)(2), as it does not provide for all known future fixed fees that will come due during the life of the plan, pursuant to

the fixed fee agreement granted at docket #22.

Based on the pro-rata treatment to Wells Fargo Auto, the Plan fails to provide sufficient adequate protection on the vehicle.

Paragraph 10 of the Plan is incomplete as the Contract Interest Rate, Payment Amount, and Date Last Payment is Due has not been listed on the US Dept of

HUD claim.

Debtor has failed to provide Trustee with proof of income for the non-filing spouse.

EDWARD PARRA LUEBANO, JR and

LYNDA FARIAS LUEBANO

$925.00 WO

$462.50 19-36760

0 Resets 0.50 Mos 2/10/20$462.50

12/4/19

KEELING, KENNETH A

CONFIRMATION HEARINGObjection to Confirmation filed by Bridgecrest at docket #27. Plan #31 filed 2/6/2020 is providing for creditor's full claim amount of $17,377.24 with 6.5%

interest, and appears to satisfy the creditor's objection.

Plan #39 filed 2/13/2020 works, paying 3.650% to the general unsecured creditors.

Recommend confirmation of the plan filed 02/13/2020, doc. #39 if Bridgecrest objection is withdrawn.

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Pre-Conf/DismissalJudge Jeffrey P. Norman, Houston

William E. Heitkamp, TrusteeFebruary 19, 2020 1:30 pm Highlighted = H Claims

Reset Dates:03/25/202004/15/202005/20/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

1:30 pm

TIMOTHY L MORRIS$900.00

EFT

$1,800.00 19-36782

0 Resets 2.00 Mos 1/1/00$0.00

12/5/19

FERGUSON, JAMES T

CONFIRMATION HEARINGMOTION TO DISMISS

FILED 1/21/2020, DOC #24Trustee alleges that the plan is not feasible as Debtor has demonstrated an inability to fund the plan, further, Debtor has not made any plan payments.

Plan #2 filed on 12/10/2019 proposes to pay PHH Mortgage Services direct despite claim #12 filed on 1/21/2020 reporting arrears of $36,708.59. In addition, Plan failed to complete paragraph #10 as the Contract Interest Rate and Date of Last Payment Due has not been provided on the PHH Mortgage Services claim. Objection to Confirmation #19 filed on 12/26/2019 by PHH Mortgage Corporation.

Plan does not provide for the secured claim #3 by Freedom Truck for $44,387.80 for a 2012 Freightliner.

Plan fails to fully provide for the claim of AmeriCredit (POC: $36,708.59, Plan: $36,355.00) for the 2017 Mercedes C-300.

Plan does not provide for the secured claim #11 by Americredit for $585.00 for repossession fees.

Trustee recommends dismissal

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DANIEL FRANKLIN SISK and JODIE

MICHELLE AQUINO$3,200.00

WO

($467.72)19-36788

0 Resets -0.15 Mos 2/11/20

$1,716.9312/6/19

KEELING, KENNETH A

CONFIRMATION HEARING MOTION TO DISMISS FILED 1/22/2020, DOC. #25Plan #31 filed on 2/6/2020 fails to fully provide for the claim of Lakeview Loan

Servicing (Arrears per POC: $29,435.66, Plan $24,058.62). Plan is also over-providing for the ongoing mortgage payment (Ongoing payments per POC

$2,817.89; Plan: $2,820.78).

Trustee does not recommend confirmation

2 of 60

PHILLIP MARK GOLDSTEIN

$400.00 WO

$400.00 19-36856

0 Resets 1.00 Mos 2/12/20$200.00

12/11/19

KIM, MIN GYUCONFIRMATION HEARINGPlan #23 filed 2/12/2020 works, paying 0.882% to the general unsecured creditors.

Recommend confirmation of the plan filed 02/12/2020, doc. #23.

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Pre-Conf/DismissalJudge Jeffrey P. Norman, Houston

William E. Heitkamp, TrusteeFebruary 19, 2020 1:30 pm Highlighted = H Claims

Reset Dates:03/25/202004/15/202005/20/2020

Arrears Notes Recommendation

No of Mos

Debtor(s)

# of R/S

Case #

Last Rcpt

Plan PmtPmt Method Petition Dt

Case Disposition

Attorney

1:30 pm

MICHAEL D CANTRELL

$950.00 WO

$511.53 19-36892

0 Resets 0.54 Mos 2/6/20

$438.4712/14/19

KIM, MIN GYUCONFIRMATION HEARINGMOTION TO DISMISS

FILED 1/21/2020, DOC #19Plan #2 filed 12/14/2019 fails to provide a 100% dividend to the general unsecured creditors as required by Debtor’s Official Form 122-C #1 filed on 12/14/2019. Not

all scheduled creditors have filed claims. Non-governmental bar date is 2/24/2020.

Trustee recommends confirmation/dismissal hearings be continued to 3/25/2020 at 1:30 PM.

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