1. business and industrial
2. company
3. bankruptcy

Berger AM docket
April 21, 2015, 9:30 a.m.
14-21023 Felipe Armenta and Angelica Armenta
Judge: Robert D. Berger
Jeffrey L. Wagoner
Chapter 13 Plan - Amended 3/31/15. Obj due 4/27/15.
**cont to 5/12/15 for the deadline to run**
Current at $670/mo - cleared DQ after plan amended to surr residence.
Okay to confirm?
3/31/15 Amended plan - surrenders home. Lowers plan pmt to $670/mo.
Paragraph 7 contains the following language: I hereby propose for First Federal
Bank to be paid balance on hand, amount $7,679.71. No further disbursements
shall be paid to First Federal Bank moving forward.
Cont from March by agreement.
Berger AM docket
April 21, 2015, 9:30 a.m.
14-21827 Sylvester Carter and Tanya Marie Berry-Carter
Judge: Robert D. Berger
David A. Reed
Chapter 13 Plan - current w/ TTE @ $360/mo - Ord grant OTC 10/23/14
WHG requested per LBR 4002.2 within 14 days copies of the following:
1. An executed copy of the rental agreement between the debtors, or any entity
they used or control, and Darrell & Lawanda White referenced in Document #37
filed in the debtors Chapter 13, Case #14-21827.
2. A copy of the debtors signed petition for their Chapter 13 that is in counsels
possession. ***Rec'd**
3. Copies of utility bills for gas, electric, water, and telephone as described and
claimed in Schedule J, 6 a and c in document #1 for this year from January 1st
,2014 thru November 2014.
4. Copies of any and all bank statements for this calendar year (2014) from January
1st to present.
5. A executed copy of the contract(s) or any document(s) referencing where the
debtors have resided since January 1st, 2012 to present.
6. Copies of current vehicle registrations for any and all vehicles the debtors own
or have an ownership interest in for 2013 and 2014.
Mtn for Inter-district Transfer of Case To Western District of MO, KC
Division
D'S VOLUNTARILY TRANSFER VENUE FROM KANSAS TO WESTERN DISTRICT OF MO. D'S REVEALED THRU
A SOWRN AMENDMENT TO THEIR SOFA THAT THEY ACTUALLY RESIDE AS 8237 NW BARRYBROOKE CT,
KC, PLATTE COUNTY, MO & HAVE DONE SO SINCE AT LEAST 2/12.
TTE's objection & Ds' Response: See attached.
UST's objection: See attached.
Berger AM docket
April 21, 2015, 9:30 a.m.
14-22043 Gregory Marsh Strand
Judge: Robert D. Berger
Colin N. Gotham
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
14-22209 Howard Lee Teague
Judge: Robert D. Berger
Sarah A. Sypher
Chapter 13 Plan - Amended 3/19/15
OTC filed by IRS to 3/19/15 Amended plan: The IRS filed a Proof of Claim on
09/24/2014, in the amount of $30,652.16. Secured claim in the amount of
$2,450.00, an unsecured priority claim in the amount of $27,629.93, and a general
unsecured priority claim in the amount of $572.23.
D’s Amended Plan now recognizes the IRS’s secured claim, it is not clear that this
plan is feasible.
Although D’s plan recognizes the IRS’s unsecured priority claim, it does not
provide for full payment of the IRS’ priority claim as required by 11 U.S.C. § 1322
(a)(2). And while Debtor indicates that the unpaid priority claim will not be
discharged, the IRS does not agree to lesser treatment.
3/12/15 Email from DA: OTC filed by IRS – we are going to file an amended plan proposing a
step plan. Will file before hearing. I will ask Allman for continuance if he needs time to review.
FYI - ADDS IRS DEBTS. PARA 17 OTHER PLAN PROVISIONS: DEBTOR IS CURRENTLY NOT WORKING AND
RECEIVING ONLY UNEMPLOYMENT BENEFITS. D PROPOSES $100 MONTHLY PAYMENT FOR THE FIRST 12
MONTHS, ENDING IN SEPT 2015. AT THIS TIME, OR SHOULD DEBTOR'S INCOME INCREASE PRIOR TO
THEN, DEBTOR SHALL AMEND HIS PLAN PAYMENT TO PAY ALL ALLOWED SEC'D AND PRIORITY CLAIMS.
ALL OTHER PROVISONS REMAIN THE SAME.
Berger AM docket
April 21, 2015, 9:30 a.m.
14-22429 Cliff Anthony Dunham, Jr.
Judge: Robert D. Berger
Hilliard L Moore
Chapter 13 Plan
DQ = $724 @ $594/mo DP [MTA $1966 in Feb 2015]
To date, $150 has been received. D has filed an abatement motion abating thru
2/15. Lost his job.
Paying for a 2013 Chevy Malibu - $21k / 910 car; furniture and small tax liability.
MTD-$ filed - to be set for hearing 5/12/15. Obj due 5/5/15.
Berger AM docket
April 21, 2015, 9:30 a.m.
14-22482 Patrick James Harris and Annie Marie Harris
Judge: Robert D. Berger
Sarah A. Sypher
Chapter 13 Plan
CONFIRM as amended 2/10/15
Berger AM docket
April 21, 2015, 9:30 a.m.
14-22609 Jessica Reding and Gabriel Reding
Judge: Robert D. Berger
Jonathan C Becker
Chapter 13 Plan - current @ $3973/mo EP starting in April [$2384 & $1589]
TTE's OTC to 3/16/15 Amended plan: The debtors' amended plan is not feasible.
The plan payments would need to increase to $4176.00 per month for the plan to
complete within the allotted time.
FYI - D consented to wage order--new wage order issued 3/25/15.
NSF check on 4/1/15 - mtd pending. EP w/ United Rotary has started. Still waiting
on EP w/ Sigler.
Berger AM docket
April 21, 2015, 9:30 a.m.
14-22626 Humberto G Estanol and Julie A Estanol
Judge: Robert D. Berger
Jonathan C Becker
Chapter 13 Plan - current @ $858/mo DP
TTE's Objection:
1. Per the debtors' testimony, the debtors support obligation to the State of Kansas
will cease in the next 60 days. Please provide documentation regarding the amount
of the obligation and when it will be paid in full. It appears the plan payment can
increase once the debt is satisfied.
2. Debtors have only provided returns for 2012. One of the transcripts is illegible.
Please provide a legible copy of Mrs. Estanol's 2012 returns, as well as a copy of
the 2013 tax returns. **Okay**
3. The Trustee is unable to verify the debtors' income on the Means Test and
Schedule I. Please provide legible copies of both debtors' CMI paystubs, as well as
current paystubs. **12/9/14 REC'D INCREDIBLY LARGE IMAGE OF WIFE'S PAYSTUBS. SHE MAKES
NEXT TO NOTHING ($2504 AS OF 10/31/14). LH **
1/26/15 CMI paystubs:. Regular wages $4550 per month ($1050 per week). Matches Sched I. OT wages =
roughly $21k in 6 months or $3570/mo. Per YTD OT totals = $41,650 or $3470/mo. Schedule I shows only $2166/mo
in OT.
B22C shows income of $6416/mo. Per the CMI paystubs, it looks like his income was roughly $8020/mo (b/w regular
wages of $4550/mo + $3570 in OT income).
Note: paystubs are not dated - pay periods are included but not actual pay dates.
Cont from Feb to find out what's happening w/ DSO letter and for 2014 rtns to be
filed and sent to TTE.
Berger AM docket
April 21, 2015, 9:30 a.m.
14-22715 Greg L Wild and Debra J Wild
Judge: Robert D. Berger
Patrick Wiesner
Chapter 13 Plan
CONFIRM as amended 3/20/15
Berger AM docket
April 21, 2015, 9:30 a.m.
14-22725 Alphonse Lormane Patneaude, Jr. and Gloria Jean Patneaude
Judge: Robert D. Berger
Christopher R. Coons
Chapter 13 Plan - current w/ TTE @ $600/mo DP - Cont from March for
amended plan.
TTE's Objection: It appears one loan repayment ends in January 2015 and the Plan payment can
increase by $225.86. A second loan ends in January 2016 and it appears the Plan payment can then
further increase by $234.90. A third loan ends in May 2017 and it appears the Plan payment can then
further increase by $325.24. A fourth loan ends in May 2018 and it appears the Plan payment can then
further increase by $189.74. A fifth loan ends in January 2019 and it appears the Plan payment can then
further increase by $216.84; all to the benefit of unsecured creditors.
FYI - Loan and paystubs doc attached.
1/22/15 Email from DA:
I am just following up on this at the moment. The plan proposed in this
case does not have a direct step increase, but instead says that it anticipates the payments will increase
after the first year as the 401k loans come off and the debtor’s payment for relocation to his employer
lapses. The debtor’s have made larger contributions to charity in the past and would like to increase
contributions to retirement as well, based on their age.
The debtors intend to increase the plan payment after the first year but we can certainly be more
detailed than we have been. Before we start down the road of how much I suggest we get beyond the
claims bar deadline – March 10 I think. We are currently continued to 3/17.
I am guessing the unsecured claims that will have to be paid will not be substantial, and even a modest
increase in the plan payment will cover them. The largest claims are secured and being surrendered or
paid outside the plan by nonfiling cosignors and I am not sure they will be reduced to unsecured during
the lifetime of the case.
I will try to review this and get a more definite plan on file before the hearing to see if it will satisfy the
trustee’s objection to cover the unsecured claims.
Objection to Claim Number 5-1 filed by Ally Financial
Creditor has filed a secured claim in the amount of $30,127.09. Ds are not possession of the property
securing the note. This is a co-signed debt. The non-filing co-signer will make the payments direct outside
the Plan.
1/26/15 Cred Resp: Ally Financial is entitled to an allowed claim in Debtors’ bankruptcy
proceeding, although not to be paid unless amended to an unsecured deficiency balance.
although not to be paid unless amended to an unsecured deficiency balance.
Berger AM docket
April 21, 2015, 9:30 a.m.
FYI - Loan and paystubs doc provided 12/31/14.
GM Loan Doc / Employee Benefits:
Loan ID #18: Loan Origination Date: 1/11/10. 60 months loan. $337.88 left to pay on loan. Final pmt date 1/9/15 @
$112.93/twice monthly.
Loan ID #19: Loan Origination Date: 1/6/11. 60 months loan. $3111.42 left to pay on loan. Final pmt date 1/4/16 @
$117.45/twice monthly.
Loan ID #20: Loan Origination Date: 5/17/12. 60 months loan. $9215.16 left to pay on loan. Final pmt date 5/15/17 @
$162.62/twice monthly.
Loan ID #21: Loan Origination Date: 5/16/13. 60 months loan. $7442.00 left to pay on loan. Final pmt date 5/14/18 @
$94.87/twice monthly.
Loan ID #22: Loan Origination Date: 1/13/14. 60 months loan. $10,132.70 left to pay on loan. Final pmt date 1/29/19
@ $108.42/twice monthly.
Total loans pmts (not including loan #18 b/c it will be paid in full on 1/9/15): $966.72/mo in loans.
Sched I shows $1192.58 in loans (appears to count loan #18 which is paid in full in Jan 2015).
Year End Pay Stub: Gross pay $111,787.01 ($9315.58/mo)
Sched I shows $8722/mo. No overtime/other bonuses accounted for--$593/mo difference/klf
Berger AM docket
April 21, 2015, 9:30 a.m.
14-22839 Ryan Phillip Meyer and Jenny Elizabeth Meyer
Judge: Robert D. Berger
Keith A Wellman
Chapter 13 Plan - current @ $1250/mo DP
OTC filed by NFM:
2 secured claims have been filed for $3549.48 & $6394.77. The Plan proposes
to pay the value of $2000 on 1 claim & $5300 for the < 1 year claim. NFM believes the claim against
Ryan should be allowed for sec'd = $3549.48 & unsec'd = $131.44 and the claim against Jenny should be
allowed for secured = $6394.77. In the alternative, 1 claim for $9944.25 secured & $131.44 unsecured
may be allowed.
Cont from Feb & March for resolution
Berger AM docket
April 21, 2015, 9:30 a.m.
14-22866 Sheila Lee Avila
Judge: Robert D. Berger
Rocky T Cannon
Chapter 13 Plan - Amended 1/21/15
Current @ $361.25/mo DP
TTE's OTC:
1. Please amend the plan to add the mortgage on the rental property and Nebraska
Furniture Mart. In addition, the budget may need to be amended.
2. Schedule C needs to be amended to clean up the vehicle exemptions. The nonexempt equity will need to be re-calculated.
3. Please provide the debtor's 2013 tax returns. **okay**
4. The debtor has failed to commence. **okay**
Motion for Dismissal for Other - Unreasonable Delay
The Debtor has failed to provide to the Trustee a copy of the Federal and State
income tax return (or transcript thereof) for the most recent 2 tax years ending
immediately before the commencement of the case and for which a Federal income
tax return was filed. **okay**
Unreasonable delay in amending the Plan to address the rental property per the
Trustee's Objection to Confirmation and unreasonable delay in addressing the
vehicle exemptions.
3/16 Resp: Provided 2013 tax transcript. Ds in process of amending. Confusion as
to current holder of mortgage.
Berger AM docket
April 21, 2015, 9:30 a.m.
14-22867 Johnnie Sherman Pinks, Jr. and Marisela Ramirez Pinks
Judge: Robert D. Berger
Danny C. Trent
Chapter 13 Plan
CONFIRM @ $1269/mo
Berger AM docket
April 21, 2015, 9:30 a.m.
14-22870 John Bernard Morris, III and Diane Angela Morris
Judge: Robert D. Berger
Tracy L. Robinson
Chapter 13 Plan - current @ $3285/mo DP
TTE's OTC:
1. Ds are above median and calculated a negative pool. TTE calculated a pool of
$38,698.20. Main difference - the amount given in deductions for w/holdings on
taxes and health insurance. There is no proof on the paystubs of the numbers used
by the Debtors.
2. The plan proposes to pay $6,822.52 secured by paintings, valued at $10,000.
The Debtors have exempted these paintings on Schedule C. The Trustee has
objected to the exemptions. If the Trustee is successful, there is approximately
$3,177.48 in equity in these paintings.
Sterling Jewelers OTC: FYI - Jewelry purchased during last case. Plan does not
provide for $6996.47 in jewelry. $3483.07 of the claim was incurred w/in one year
of filing.
Objection to Debtor's Claim of Exemptions
COMES NOW the Chapter 13 Trustee, W. H. Griffin, and hereby moves the
Court for an Order denying the debtors' exemptions claimed on painting in the
amount of $10,000, under Kan. Stat. Ann. §60-2304(a). The personal property
exemption is limited to items that are reasonably necessary for the principal
residence. Paintings do not appear to be reasonably necessary for the
reorganization of the debtors.
Cont from March for resolution.
Berger AM docket
April 21, 2015, 9:30 a.m.
14-22880 Brandon Lee Fryman and Corina Marie Dawn Fryman
Judge: Robert D. Berger
Keith A Wellman
Chapter 13 Plan - current @ $525/mo EP
OTC filed by NFM: NFM has secured clm in amt of $1512.36. NFM believes FMV
of its collateral IS $2039.07 and clm is therefore oversecured and shd be treated as
secured in amt of $1512.36
Cont from Feb & March for resolution.
Berger AM docket
April 21, 2015, 9:30 a.m.
14-22901 Charles Hayes Vandenburg II and Margaret Ann Vandenburg
Judge: Robert D. Berger
Chris M Troppito
Chapter 13 Plan - current at $2800/mo
** bar date passed 4/13/15 - will pay approx 80% of claims**
OTC filed by Wayne Gordon: GORDON CONTRACTED WITH VANDENBURG TO PURCHASE FLYNN
SALES ASSOC. FOR $600 PER MTH TILL LOAN WAS PAID. STILL OWING GORDON $59,468.64 IN THE
SUMMER OF 2010 D SOLD FLYNN SALES ASSOC TO HOCKENBURG NEWBURGH FOR ABOUT $260,000
FOR HIS SHARE HE REPORTED TO GORDON. GORDON ASKED FOR REMAINING DEPT PD TO HIM TO BE
PD IN FULL D SAID HE NEEDED MORE TIME TO PAY BECAUSE HE WAS BEING PD OVER A 4 YR PERIOD.
SINCE D HAD 12 YEARS TO PAY 7 YR LOAN D HAS PD NEARLY THE AMOUNT OF THE ORIGINAL LOAN
OVER THE LAST 4 YEARS PLUS $128,000 IN SALARY, GORDON INSTRUCTED A COLLECTION COMP TO
COLLECT $20,605.64. GORDON STATES $4,000 IN DA FEES ARE TO HIGH FOR 17.7 HRS OF WORK.
Berger AM docket
April 21, 2015, 9:30 a.m.
14-22914 Donald Gene Stearns, Jr. and Jennifer Lee Stearns
Judge: Robert D. Berger
Shane J. McCall
Chapter 13 Plan - current w/ TTE @ $1900/mo (step pmt plan)
**cont to 5/12/15 by agreement**
Amended OTC filed by IRS: THE IRS FILED A PROOF OF CLAIM ON 1/30/2015 IN THE AMOUNT
OF $145,066.09. THE PROOF OF CLAIM SETS FORTH THE SERVICES SEC'D CLAIM IN THE AMOUNT OF
$123,542.66, AND UNSECURED PRIORITY CLAIM IN THE AMOUNT OF $14,841.27, AND GU PRIORITY
CLAIM IN THE AMOUNT OF $6,682.36. ON FEB 3, 2015, THE US FILED AN OBJ TO CONF OF THE D'S PLAN
BECAUSE IT DID NOT RECOGNIZE THE FULL AMOUNT OF THE IRS'S SEC'D CLAIM OR EXPRESSLY PROVIDE
FOR FULL PAYMENT OF THE IRS'S UNSECURED PRIORTY CLAIM. DOC 23. BASED UPON THOSE
INCREASED AMOUNTS OF THE D'S DEBT TO THE US, IT WAS ALSO UNCLEAR THAT THEIR PLAN WAS
FEASIBLE. ALTHOUGH D'S PLAN RECOGNIZES THAT THE IRS HAS SEC'D CLAIM IN THE AMOUNT OF
$95,423.96, IT DOES NOT PROVIDE FOR FULL PAYMENT OF THE IRS'S SEC'D CLAIM ($123,542.66).
FURTHERMORE, PURSUANT TO 11 USC 1325 a 5, D'S PLAN MUST PROVIDE FOR PAYMENT IN FULL OF
THE SERVICE'S SEC'D LIABILITY PLUS AN APPROPRIATE RATE OF INT. THE CURRENT INT RATE UNDER IRC
6621 THAT IS APPLICABLE TO THE UNDERPAYMENT IS 4%. FURTHERMORE, INT IS COMPOUNDED DAILY
PURSUANT TO IRC 6622. D'S MUST AMD THE PLAN TO PROVIDE FOR FULL PAYMENT WITH INT, OF THE
SERVICES SEC'D CLAIM AND , FURTHER, TO PROVIDE FOR RETENTION OF THE IRS'S LIEN.
3/14/15 Email from DA to court: I spoke with counsel for the US/IRS, Chris Allman, and we both
would request a one-month continuance of the confirmation hearing set for 3/17 to work out some agreed
language to address the IRS’s claim treatment.
4/15/15 Email from DA to court: I spoke with counsel for the US/IRS, Chris Allman, and we
both would request a one-month continuance of the confirmation hearing set for 4/21/15 to work out some
agreed language to address the IRS’s claim treatment and to deal with a postpetition claim that has come
up and will require treatment under an amended plan.
Berger AM docket
April 21, 2015, 9:30 a.m.
14-22929 Ronald H Wyatt and Amanda M Wyatt
Judge: Robert D. Berger
Malissa L Walden
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
14-22942 Melody Anne Dayhoff
Judge: Robert D. Berger
Christopher R. Coons
Chapter 13 Plan
CONFIRM as amended 4/6/15
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20019 Sean Michael Richmond
Judge: Robert D. Berger
Ryan B Patton
Chapter 13 Plan
Motion for Dismissal for Other - FTA and FTC
DQ = $280 @ $140/mo EP
D appeared at cont 341 meeting, just waiting on pmt - EP went out 2/24/15.
2/25/15 Resp: D will appear at 341 and will mail a pmt.
3/11/15 Email from DA: Can we set this over one month? My client is having issues with his
employer making the wage order payment. We spoke today and he will send in a payment today and
continue to send them in directly until the employer gets everything figured out.
4/14/15 Email from DA: I have called and left him a message. I will let you know if anything
changes.
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20024 Hophine Otwori Bwosinde
Judge: Robert D. Berger
Patrick Wiesner
Chapter 13 Plan
CONFIRM
Motion for Dismissal for Failure to Make Plan Payments
**to be w/drawn**
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20052 Matthew E Williams
Judge: Robert D. Berger
PRO SE
Chapter 13 Plan
Motion for Dismissal for Other with prejudice per 109(g); failure to appear at the
341 meeting, failure to make payments, failure to file documents, failure to appear
in prosecution of his case.
3/5 Resp: WE OBJECT TO THE ALL MOTIONS TO DISMISS CHAPTER 13 CASE MR. WILLIAMS WAS NOT
AWARE OF THE TIME LINE DUE TO ISSUES WITH MAIL AND SOME MINOR ISSUES MISSED THE DEADLINE
FOR FILING. WE ALSO REQUEST AN EXTENSION TO COMPLETE PAPERWORK AND MAKE PYMENT TO THE
COURTS.
341 cont to 4/22/15 for appearance
FYI - Mtn to extend time to file schedules filed 3/24/15 - needs additional 20 days.
Order due.
Mtn to Extend Auto Stay filed 3/24/15. No notice and not set for hearing. Too late.
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20066 Christopher Collins Belt
Judge: Robert D. Berger
Nicholas A Steinwart
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20083 Kevin Ian Duarte and Jessica Ann Duarte
Judge: Robert D. Berger
Hilliard L Moore
Chapter 13 Plan - current w/ TTE @ $343/mo
OTC filed by JP Morgan Chase: PLAN SCHEDULES ZERO PRE PETITION ARREARS; HOWEVER,
CREDITOR IS OWED $7288.42 IN PRE PET ARREARS. PLAN PROPOSES POST PET PYMTS DIRECT;
HOWEVER, SHOULD BE PAID THRU PLAN. PLAN PAYMENT INSUFFICIENT TO FUND ARREARS AND
ONGOING MORTGAGETHRU PLAN.
4/14/15 Email from DA: We have reached out to Chase, but we really haven’t gotten much of a
response, so we will probably appear at this one.
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20090 Crystal Alisha Mitchell
Judge: Robert D. Berger
Hilliard L Moore
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20108 Gregory Robert Jones
Judge: Robert D. Berger
Jason C Amerine
Chapter 13 Plan
DQ = $4665 @ $4656/mo DP
OTC filed by Stanley Bank: AMD POC WAS FILED 3/6/15.LOAN IS DQ IN THE AMT OF $11,851.86
AS OF 2/13/15. PLAN PROPOSES A PMT OF $1200/MO. IN ORDER TO PROPERLY SERVICE THE LOAN
WITH THE TERMS OF THE NOTE, MONTHLY PMT NEEDS TO EXCEED $1200. COUNSEL FOR THE BANK HAS
EXTENDED AN OFFER TO COUNSEL ASKING OF D WOULD AGREE TO A MONTHLY PMT OF $1300, BUT NO
RESP HAS BEEN REC'D. AT THE CREDITOR'S MEETING D STATED PROPERTY WAS NOT INSURED, BUT D
STATED INS WOULD BE PUT IN PLACE ON AN EXPEDITED BASIS. BANK HAS NOT REC'D ANY
CONFIRMATION OF COVERAGE AS OF THE DATE OF THE FILING OF THIS OBJ. PROPOSED PLAN DOES NOT
PROVIDE FOR THE PMT OF INSURANCE ON THE PROPERTY. THE BANK HAS NOT FILED A MFR, BUT
RESERVES THE RIGHT TO DO SO, ESPECIALLY AS TO THE LACK OF INSURANCE ISSUE.
FYI - NEE of $8923.35
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20123 Vivian Ardith Sill
Judge: Robert D. Berger
Jeremiah R Jones and Sarah A. Sypher
Chapter 13 Plan - current @ $700/mo
TTE's OTC:
1. The plan is running 86 months based on currently available information. The plan payment of $700
per month is not enough to pay the mortgage of payment $375 per month and the $1500 mortgage
arrears, $8600 title loan, and $11,363 to the general unsecured creditors. The plan payment must
increase to $1425 per month.
2. In addition, the Trustee requested that the debtor's niece fill out and return a statute of limitations
waiver with regard to the transfer of assets.
Email to DA 2/19/15 w/ SOL waiver
3/13/15 Email from DA: I wanted to talk to you about Sill.
The loan to her niece is not a
preference. I don’t think she should have to pay it through the plan. If you don’t agree with her keeping
it assist her disabled brother, than perhaps we can propose to pay it if it comes in – honestly, I doubt her
niece will ever repay it. We can amend schedule B to reflect a new treatment. The trustee is welcome
to pursue it. Let me know what you think. Thanks!
3/20/15 Email to DA: I chatted with Bill about this case this morning. He would like documentation regarding
the debtor's obligation to support the nephew w/ the inheritance.
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20124 Marilyn Rene Smith
Judge: Robert D. Berger
David A. Reed
Chapter 13 Plan - current @ $483/mo DP
LOF - Runs 66 mos. Email to DA sent 2/19/15.
OTC filed by NFM: PLAN PROPOSES $1,000 VALUE TO NFM. NFM BELIEVES CLAIM SHOULD BE
ALLOWED AS SECURED FOR $2,019.44 & G.U. $1,648.85.
OTC filed by Freedom Mortgage:
FREEDOM MORTG CORP BY LOANCARE LLC HOLDER OF
PROMISSORY NOTE ON 211 S GREEN ST, TONGANOXIE, KS 66086. D'S PLAN LSIST ARREAGES AS N/A. D IS
NOT CURRENT ON PRE-PET $1,998.46, SO POST-PET MORTG PAYMENTS SHOULD BE PAID THRU THE
PLAN. NOTES: TO DATE, NO MORTG CLM FILED.
FYI - Mtn for Approval of Mort Mod filed 4/2/15.
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20128 Keri Lynn Williams
Judge: Robert D. Berger
Tracy L. Robinson
Chapter 13 Plan - current w/ TTE @ $915/mo DP
NFM OTC: PLAN PROPOSES $1,000 VALUE TO NFM. NFM BELIEVES CLAIM SHOULD BE ALLOWED AS
SECURED FOR $1,898.82 & G.U. $898.36
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20131 Larry Wayne Parrish and Linda Lee Parrish
Judge: Robert D. Berger
David A. Reed
Chapter 13 Plan - amended 4/14/15
current w/ TTE @ $455/mo DP
**cont to 5/12/15 for deadline to run on amended plan**
TTE's OTC:
1. The 2001 Harley Davidson does not appear to be reasonable and necessary. Debtors each have a
vehicle. If the Harley was surrendered, $3560.65 would be available for the general unsecured creditors.
If debtors keep Harley and plan is extended to pay $3560.65 to the general unsecured creditors, then
the plan will run 47 months at $455/month.
2. The debtors amended their plan on 2/4/15 to surrender their homestead and reduce their plan
payments from $2259/month to $455/month. This leaves $1804/month in disposable income.
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20140 Michael Lovell McIntosh
Judge: Robert D. Berger
Hilliard L Moore
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20143 Amie Dawn Callahan
Judge: Robert D. Berger
Robert E. McRorey
Chapter 13 Plan - Amended 3/13/15
DQ = $4500 @ $2500/mo DP
Rec'd $718.54 in Feb. Nothing since.
TTE's OTC: The plan is running 78 months based on the estimated tax claims. The Trustee requests a
copy of the 2014 tax returns once filed so that feasibility may be determined.
Cont from March for deadline to run on amended plan (obj due 4/15) and
objections to claims. Need notice on Obj to Claims.
Need pmt.
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20145 Cynthia Rene Newman
Judge: Robert D. Berger
William E. Pray
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20160 Gregory Joseph Smagiel
Judge: Robert D. Berger
Jason C Amerine
Chapter 13 Plan
Motion for Dismissal for Failure to Make Plan Payments
DQ = $330 @ $165/mo DP
waiting on pmts
MTA filed - abating thru March. Will resume in April. Obj due 4/23/15.
4/16/15 Email to DA - response to TTE's mtd not filed. Need one ASAP.
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20172 Dennis Lee Bricker and Cynthia Jane Bricker
Judge: Robert D. Berger
Hilliard L Moore
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20175 Felecia Ann Harrell
Judge: Robert D. Berger
Jason C Amerine
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20176 Dale Eugene Henry and Kristen Nicole Henry
Judge: Robert D. Berger
David A. Reed
Chapter 13 Plan - current @ $228/mo DP
**cont to 5/12/15 for deadline to run**
OTC filed by TTE:
1. Sheffield Financial filed a secured proof of claim. The debtors scheduled
Sheffield as unsecured. The plan needs to be amended to bring in the debt or object
to the claim.
2. The plan is running 81 months based on currently available information.
Amended filed 4/14/15. Obj due 5/12/15
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20179 John A. Sanford
Judge: Robert D. Berger
Jennifer E Packard
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20180 Donald Dotson and Claudette Dotson
Judge: Robert D. Berger
Jason C Amerine
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20181 Douglas Lee Myers
Judge: Robert D. Berger
Jason C Amerine
Chapter 13 Plan
waiting on pmts - EP
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20184 Mark H Engen and Maureen E. Engen
Judge: Robert D. Berger
Teresa M. Kidd
Chapter 13 Plan
Amended OTC filed by TTE:
1. Debtors calculated a negative pool. The Trustee calculated a pool of $29,936.40.
The debtors' Mean's Test doubled up on the house and car deductions. In order to
pay the Trustee's pool, the plan payment must increase to $4,199 per/mth (if all
claims are filed close to the estimated amounts.)
2. The Trustee is requesting documentation of the $499 cell phone expense.
3. The mortgage claim filed by BMO Harris Bank shows the mortgage has a
balloon note due July 1, 2018. The Chapter 13 Plan will not be completed by that
date. The plan needs to be amended to address how this mortgage will be paid by
then.
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20186 Brian Wayne Herridge and Paige Aileen Herridge
Judge: Robert D. Berger
Hilliard L Moore
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20191 James Alan Thomas and Julia Ann Thomas
Judge: Robert D. Berger
Scott W. Owens
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20200 Michael James Stogsdill
Judge: Robert D. Berger
David L. Dean
Chapter 13 Plan
OTC filed by Maureen Stogsdill: MAUREEN STOGSDILL'S (DSO RECIPIENT) OTC. PLAN
PROPOSES TO PAY $4000 IN CHILD SUPPORT ARREARS. CHILD SUPPORT ARREARS ARE ACTUALLY
$5186.17.
OVER THE PAST 2 YRS, D HAS EARNED LESS THAN $25,000/YR ON COMMISSIONS AT VARIOUS CAR LOTS.
PLAN PROPOSES HE WILL EARN NEARLY $38,000/YR ON COMMISSIONS, AN INCREASE OF OVER 50%.
PLAN DOES NOT ADDRESS OTHER NON-MONETARY CHILD SUPPORT ISSUES SUCH AS REPLACEMENT OR
LAPSED/CANCELLED INSURANCE POLICIES.
THIS IS D'S 3RD ATTEMPT AT CH 13. PLAN HAS NOT BEEN FILED IN GOOD FAITH.
Mtn for Relief from Stay. Filed on behalf of Creditor Kaw Valley State Bank
D HAD PRIOR CH 13 CASE #13-40584. CASE WAS DISMISSED ON 4/29/14 FOR DEFAULT. ON 11/5/14,
DIST COURT OF JEFFERSON COUNTY KS ISSUED A JOURNAL ENTRY OF JUDGMENT AGAINST D'S
PROPERTY IN FAVOR OF THE CREDITOR. ON 12/3/14, AN ORDER OF SALE WAS ISSUED. PROPERTY WAS
ADVERTISED FOR SALE AND ON THE EVE OF THE SHERIFF'S SALE, D FILED HIS CH 13 CASE TO AVOID
FORECLOSURE. D HAS LISTED THE VALUE OF THE PROPERTY IN HIS SCHEUDLES AT $140,000. CREDITOR'S
JUDGMENT IS FOR $151,000. THERE IS NO EQUITY REMAINING IN THE PROPERTY AND THE PROPERTY IS
NOT NECESSARY OF AN EFFECTIVE REORGANIZATION.
D HAD NOT MADE ANY PMTS TO CREDITOR SINCE THE DISMISSAL OF HIS PRIOR CH 13 CASE. R.E. TAXES
ON PROPERTY WERE 5 YEARS PAST DUE, WHICH CREDITOR HAS NOW PAID ($10,921.18). CREDITOR
SEEKS RFS TO IMMEDIATELY COMPLETE ITS LEGAL REMEDY UNDER STATE LAW BEING GRANTED RELIEF
FROM THE AUTO STAY AND SEEKS A WAIVER OF TH ESTAY OF ENFORCEMENT UNDER B.R. 4001(a)(3).
3/3 Resp: Admits / denies.
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20201 Phillip Andrew Marks
Judge: Robert D. Berger
Christopher R. Coons
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20203 Chanita Denise Tuggle
Judge: Robert D. Berger
Hilliard L Moore
Chapter 13 Plan
waiting on pmt - EP
4/14/15 Email from DA: Ms. Tuggle states the wage withholding order started back in early
March. I will follow up for confirmation.
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20207 Jose Del Refugio Moreno and Amanda Kristin Moreno
Judge: Robert D. Berger
Christopher J Hanson
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20210 Marsha Levion Lyles-Cook
Judge: Robert D. Berger
Kristina S Zhilkina-Crump
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20214 Kevin Lee Hosey
Judge: Robert D. Berger
Hilliard L Moore
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20223 Lee Anne Boyd
Judge: Robert D. Berger
David A. Reed
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20224 Jeffrey Allen Holbert and Susan Rae Holbert
Judge: Robert D. Berger
Hilliard L Moore
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20225 Robert Michael Tavernaro and Jennifer Lynn Tavernaro
Judge: Robert D. Berger
Patrick Wiesner
Chapter 13 Plan
CONFIRM as amended 3/16/15
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20226 Ashanti Lamond Withers
Judge: Robert D. Berger
Hilliard L Moore
Chapter 13 Plan
OTC filed by Toyota:
TOYOTA MOTOR CREDIT CORP OBJECTS TO PROPOSED VALUE OF $15,026
ON 09 NISSAN MAXIMA. APPROPRIATE VALUE IS $16,,484 PER KBB.
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20228 Rhonda Michelle Cunningham-Green
Judge: Robert D. Berger
Tracy L. Robinson
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20229 Timmie Lashaun Harper
Judge: Robert D. Berger
Jason C Amerine
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20231 Raynika R Thomas
Judge: Robert D. Berger
Jeffrey L. Wagoner
Chapter 13 Plan
DQ = $630 @ $630/mo DP
waiting on pmts - DP
MTD-FTC to be filed.
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20232 Jorge Alejandro Hernandez and Diane Renee Rickard
Judge: Robert D. Berger
Tracy L. Robinson
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20235 Paige Brianne Wilson
Judge: Robert D. Berger
Hilliard L Moore
Chapter 13 Plan
CONFIRM as amended 3/9/15
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20241 Deborah Louise Persley
Judge: Robert D. Berger
David A. Reed
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20249 William Carns Hofelt and Pamela Jean Hofelt
Judge: Robert D. Berger
Neil S. Sader
Chapter 13 Plan
CONFIRM as amended 3/19/15
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20253 Holly Nichole Worthen
Judge: Robert D. Berger
Hilliard L Moore
Chapter 13 Plan
OTC filed by Wells Fargo: CREDITOR HOLDS THE LIEN ON THE 12 DODGE JOURNY. VEHICLE IS
UNDER VALUED. SCHEDULES STATE THE MILEAGE ON THE VEHOCLE IS 80,000. THAT IS EXCESSIVE WEAR
AND TEAR. VEHICLE SHOULD BE PAID IN 36 MONTHS.
4/1 D Resp: There is nothing in the Code that says a non-910 vehicle should be valued based
upon the “maximum amount of miles that a vehicle would be driven for personal use.” (emphasis
added) If it was Congress’s intention to value non-910 vehicles based upon the mileage a non-910
vehicle should have incurred, the Code would say so.
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20254 Ernest Miller Bowie, Jr.
Judge: Robert D. Berger
David A. Reed
Chapter 13 Plan
341 cont to 4/22 for rtns to be filed.
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20257 Christopher Mark Owens
Judge: Robert D. Berger
James W. Lusk
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20260 Randy James Brintle and Connie Lynn Brintle
Judge: Robert D. Berger
Sarah A. Sypher
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20263 Johnnie Reno Williams, II
Judge: Robert D. Berger
Jason C Amerine
Chapter 13 Plan
CONFIRM as amended 3/26/15
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20266 Stacie Lea Hinck
Judge: Robert D. Berger
Chris W Steffens
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20268 Anthony Joseph Backer and Stacey Renee Backer
Judge: Robert D. Berger
Christopher R. Coons
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20269 James Arthur Qualls
Judge: Robert D. Berger
David A. Reed
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20278 Michele Lee Sheets
Judge: Robert D. Berger
Russell B. Cloon
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20280 Andrew Marshall Rhoades and Clysta Michelle Rhoades
Judge: Robert D. Berger
Christopher R. Coons
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20281 Allen Kent Epstein
Judge: Robert D. Berger
David L. Dean
Chapter 13 Plan
**cont to 5/12/15 for tracking**
341 cont to 4/22/15 for tax rtns to be filed.
TTE to file OTC based reasonable and necessary of D retaining house.
2014 tax returns: Single, HOH with 1 dep. Business income $36,072 minus $2,549 in self-employment
tax for AGI of $33,523. Owes FED $5,854. Gross business income was $156,521 with $10,463 from
returns/allowances leaving $146,058. Cost of goods deducted $51,918 leaving gross profit of $94,140.
Expenses total $50,861 plus the $7,207 for use of home as a business leaving $36,072 as his profit.
Owes Fed $5854. Owes MDOR $565.00 and getting back $135 from KS.
4/16/15 Email from DA: Could we continue 15-20281 Epstein to May? Debtor provided 2012 – 2014 tax
returns yesterday and 341 meeting has been continued to 4/22/15. I will get a proposal to your office in
the next week or two on resolution of your issues.
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20282 Ernest Junior Workman
Judge: Robert D. Berger
Hilliard L Moore
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20283 Camillia N Hill
Judge: Robert D. Berger
David A. Reed
Chapter 13 Plan
DQ = $826 @ $826/mo DP
waiting on pmts - DP
MTD-$ filed.
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20287 Alejandro Vilchis Bizarro
Judge: Robert D. Berger
Ryan M. Callahan
Chapter 13 Plan
DQ = $2400 @$2400/mo DP
waiting on pmts - DP
MTD-FTC to be filed.
Employer pay?
4/14/15 Email to DA: It appears from the meeting of creditors back on 3/18/15 you were going to
file a Motion to Deviate from the Standing Order which requires employer payments with a pay through
plan case.
I don’t see this has been filed yet….and at this point I am not sure if it would go through as the debtor
has failed to make any payments. The first payment was due March 23.
Shall we go ahead and issue a wage order to his employer, Mitsubishi? Will debtor make a direct
payment until the employer can start withholding?
Second email: My apologies, from the meeting of creditors it appears he is now working at Mazda?
Please provide a new wage order address for us.
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20289 Anthony Lamar Williams
Judge: Robert D. Berger
Jay T. Grodsky
Chapter 13 Plan
OTC filed by TTE: Debtor is above median and is proposing a 36 months
commitment period because of post-petition income reduction. The debtor was
above median at the time of filing, it is the Trustee's position that the debtor has a
commitment period of 60 months.
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20291 Howard Edward Stahl
Judge: Robert D. Berger
Hilliard L Moore
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20293 Christine Rae Dunlap
Judge: Robert D. Berger
Hilliard L Moore
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20294 Wendy Lorraine Jenkins
Judge: Robert D. Berger
Kristina S Zhilkina-Crump
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20297 Junius Scott Smith and Susan Elaine Smith
Judge: Robert D. Berger
Keith A Wellman
Chapter 13 Plan
**cont to 5/12/15 by agreement of the parties**
WHG reviewing case.
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20302 Derek Jay Neibarger and Christine Susanne Neibarger
Judge: Robert D. Berger
Kristina S Zhilkina-Crump
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20318 Brenda Lea Wessel
Judge: Robert D. Berger
Ryan B Patton
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20320 Frank Vincent Donigan
Judge: Robert D. Berger
Karen S Maxcy
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20321 Serra Nicolette Rantner
Judge: Robert D. Berger
Chris W Steffens
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20322 Chris T Harmon
Judge: Robert D. Berger
Kristina S Zhilkina-Crump
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20323 Theresa Ann Tannahill
Judge: Robert D. Berger
Ryan B Patton
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20324 Henry Rayna Perez and Mary Louise Perez
Judge: Robert D. Berger
David A. Reed
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20332 Joey Andrew Reidelberger and Paula Kay Reidelberger
Judge: Robert D. Berger
Neil S. Sader
Chapter 13 Plan
CONFIRM as amended 3/23/15
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20341 Lauren Wickliffe McGreevy
Judge: Robert D. Berger
Christopher R. Coons
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20348 Justin Grant Bartholomew
Judge: Robert D. Berger
Kristina S Zhilkina-Crump
Chapter 13 Plan
OTC filed by NFM: Plan proposes to surrender collateral to NFM, but collateral has not been
surrendered to NFM yet.
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20349 Michael Edward Mastel and Patricia Ann Mastel
Judge: Robert D. Berger
Hilliard L Moore
Chapter 13 Plan
CONFIRM as amended 3/26/15
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20359 Sara Davina Taylor-Hinds
Judge: Robert D. Berger
Colin N. Gotham
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20360 Mark Allen Denham and Michele Lee Denham
Judge: Robert D. Berger
Ryan L White
Chapter 13 Plan - current at $4085/mo EP
OTC filed by TTE:
1. Debtors purchased two vehicles 43 days prior to filing. The Trustee questions the Debtors motives in
purchasing $65,000 in vehicles the month prior to filing. If you include interest, this amount increases to
roughly $95,000 in vehicles.
2. On January 15, 2015, the Debtors purchased a 2014 Honda CR-V for $29,203.12. The interest rate on
the 66 month loan was 9.84%. The total sale price was $39,441.57 and is broken down as follows:
$29,203.12 for the CR-V + $8,884.16 in finance charges + $1,354.29 in negative equity from trade-in of a
2004 Toyota 4Runner. Per the loan document, the Toyota 4Runner had a loan in the amount of
$7,845.71 at the time of the transaction. The first payment of $577.08 was due March 1, 2015.
3. The Debtors purchased a second vehicle on January 15, 2015, a 2013 Honda Pilot for $36,257.09. The
interest rate on the 72 month loan was 14.29%. The total sale price was $57,016.96 and is broken down
as follows: $36,257.09 for the Pilot + $18,259.87 in finance charges + $2,500 in negative equity from
trade-in of a 2006 Cadillac Escalade. Per the loan document, the Escalade had a loan in the amount of
$18,332.40 at the time of the transaction. The first payment of $757.18 was due March 1, 2015. The
Debtors filed their petition on February 27, 2015.
4. The car payments total $1334.26 per month. Per the Debtors' plan their monthly mortgage payment
is $2,067.28 and they are in arrears $23,469.64. Schedule J fails to include a personal property tax
deduction for the vehicles. Schedule J includes $355 per month for gas and maintenance for these two
SUVs. The Trustee believes the Debtors have underestimated this expense. Schedule J also includes
$205 per month for insurance. Both figures appear to be low. The Debtors budget appears to be
unrealistic for a household of six. For example, the IRS National Standard allows $1390 per month for
food for a household of six. Debtors have budgeted $585 per month for food, which is less than $100
per person.
5. One car creditor has already objected to confirmation. America Honda Finance is requesting that they
be paid their contract rate of interest on the 2013 Honda Pilot. The Trustee suspects a second creditor
objection will be forthcoming. These vehicles are not reasonable and necessary for the Debtors
reorganization and the retention of the vehicles will jeopardize the Debtors' ability to succeed in their
Berger AM docket
April 21, 2015, 9:30 a.m.
Chapter 13 plan. The Trustee objects to the Debtors' plan and petition on good faith grounds. In
addition, the case as filed appears to be unfeasible. The Trustee is requesting the following
documentation: proof of insurance, proof of monthly payments on the vehicles traded-in (the 4Runner
and the Cadillac), bank statements from January 2015 through March 2015, and loan applications for
the CR-V and Pilot.
OTC filed by American Honda - AO to be uploaded - paying contract rate of
interest.
OTC filed by Southwest Natl Bank: COLLATERAL IS A 2014 HONDA CRV.
TOTAL AMT IS
$29,541.65. DEBTORS ALSO PURCHASED A SERVICE CONTRACT FOR THE AMT OF $1,996 AT THE
CONTRACT INTEREST RATE OF 9.84%. PLAN PROVIDES FOR PAYMENT BUT AT A DISC RATE OF INTEREST.
CAR WAS PURCHASED 43 DAYS BEFORE FILING. FILING WAS NOT IN GOOD FAITH.
OTC filed by NFM: HOLDER OF 2 CLAIMS IN THE AMTS OF $5,361.93 & $2,973.90.
A PORTION OF
THOSE GOODS WERE PURCHASED W/IN 12 MTHS PRIOR TO THE FILING OF THE BK. PLAN CLASSIFIES AS
2 GEN'L SECUD CLAIMS TO BE PAID VALUES. THE GOODS SHOULD BE VALUE AT 100%. BELIEVE CLAIMS
SHOULD BE SECURED FOR $5,361.93 AND THE SECOND CLAIM AGAINST MICHELE LEE DENAHM
SECURED FOR $2,973.90.
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20363 Debbie Sue Murphy
Judge: Robert D. Berger
David L. Dean
Chapter 13 Plan
CONFIRM
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20367 Teresa Lynn Powell
Judge: Robert D. Berger
Sarah A. Sypher
Chapter 13 Plan
CONFIRM as amended 4/3/15
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20369 Reginald L Taylor and Theresa A. Taylor
Judge: Robert D. Berger
Teresa M. Kidd
Chapter 13 Plan
341 meeting cont to 5/4/15 for tax rtns
OTC filed by TTE:
1. Debtors are proposing to pay $572 per month for a home in Missouri, not
occupied by the debtors. The retention of the property is not reasonable and
necessary and jeopardizes the success of the debtors chapter 13 plan.
2. Debtors are above median. However, their plan states they are below median.
The plan needs to be amended.
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20547 Darrin Jon Holle and Katina Faith Holle
Judge: Robert D. Berger
Ryan D Knipp
Motion to Extend Automatic Stay
Ds previously filed a Chapter 13 case on October 22, 2014, Case No. 14-22519.
Ds Chapter 13 was voluntarily dismissed on January 28, 2015. Case number 1422519 is the only prior bankruptcy case by the debtors in the previous year. The
Debtors experienced some legal troubles and incurred significant legal expenses.
The criminal troubles have now been resolved by the Debtors, and a new wage
order has been issued in the current case.
Sec 341 set for 4/22/15. Employer pay.
Trustee does not object.
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20574 Melisa Sue Ladd
Judge: Robert D. Berger
Keith A Wellman
Motion to Extend Automatic Stay
Previous case - 12-20786 dismissed on 3/19/15 for default.
Case now feasible.
Sec 341 set for 4/22/15. Employer pay.
No objection from TTE.
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20666 Kerry Travis Richardson
Judge: Robert D. Berger
Christopher R. Coons
Motion to Extend Automatic Stay
D was in a pending Chapter 13, case number 14-22189-13-DLS, filed in KCKS
within one year the instant case was filed. This earlier case was dismissed on
2/26/15. Debtor made their best efforts to complete the previous Plan but was
unable to maintain payments due to financial difficulties.
Sec 341 set for 5/4/15. Employer pay.
No objection from TTE.
Berger AM docket
April 21, 2015, 9:30 a.m.
15-20703 Gretchen Anne Wilson
Judge: Robert D. Berger
Kristina S Zhilkina-Crump
Motion to Extend Automatic Stay
D was in a pending Chapter 13, case number 13-22716-13-RDB, filed in KCKS
within one year the instant case was filed. This earlier case was dismissed on
3/24/15. Debtor made their best efforts to complete the previous Plan but was
unable to maintain payments due to financial difficulties.
Sec 341 set for 5/4/15. Direct pay.
No objection from TTE.