Berger AM docket May 12, 2015, 9:30 a.m. 13-21559 Oleksandra M Okrepka Judge: Robert D. Berger James W. Lusk Chapter 13 Plan - current w/ us @ $100/mo DOC #52 - MEMORANDUM OPINION AND ORDER GRANTING CREDITOR'S OBJECTION TO PLAN CONFIRMATION, DENYING DEBTOR'S CLAIM OBJECTION, AND GRANTING CREDITORS MOTION TO LIFT AUTOMATIC STAY. PROPERTY SETTLEMENT OBLIGATION FROM DIVORCE IS NOT A DSO. HOWEVER, SINCE THERE NOT A REASONABLE LIKELIHOOD DEBTOR CAN PROPOSE A CONFIRMABLE PLAN AND CREDITOR IVAN HAS AN IN REM INTEREST IN THE MARITAL RESIDENCE CREITOR'S MRFS IS GRANTED. DEBTOR'S OBJECTION TO CLAIM #8 IS DENIED SINCE CREDITOR DOES HAVE AN IN REM INTEREST IN THE HOME. SINCE DEBTOR CANNOT PROPOSE A CONFIRMABLE PLAN THAT ADDRESSES THE SECURED CLAIM OF IVAN HE IS GRANTED RFS. Claim #8 allowed as secured in the amount of $73,251.00. Plan is not feasible w/ a plan pmt of $100/mo. Berger AM docket May 12, 2015, 9:30 a.m. 14-21023 Felipe Armenta and Angelica Armenta Judge: Robert D. Berger Jeffrey L. Wagoner Chapter 13 Plan CONFIRM as amended 3/31/15 Berger AM docket May 12, 2015, 9:30 a.m. 14-21398 Corey William Cannella and Michelle Elaine Cannella Judge: Robert D. Berger David A. Reed Chapter 13 Plan Order vacating Order and memorandum opinion entered 4/29/15 TTE's OTC: Debtors' plan fails to address the $3010 in non-exempt assets (three bank accounts and cash). Recent Somers opinion in Goudreau 14-22731. Berger AM docket May 12, 2015, 9:30 a.m. 14-21645 David Milton Lewis Judge: Robert D. Berger Jonathan C Becker Motion for 2004 Examination Filed on behalf of Creditors Brian Tolefree, Why I Work So Hard, LLC - current w/ TTE @ $1000/mo DP Neil Sader retained in March/2015. Creditor's request Court's approval to depose David Milton Lewis within 20 days after an Order is entered. The scope of the examination shall relate to the operation of any and all businesses by the debtor, the source of any money or property acquired or to be acquired by the debtor for purposes of consummating a plan, whether debtor's actions in filing the petition were in good faith and reviewing whether the plan has been proposed in good faith. 4/20 Obj: All of the other objecting parties, except for Mr. Tolefree has settled. Mr. Tolefree did not file a motion to extend Sec. 523 objection to dischargeability. On 1/13/15, all parties agreed the matter was set for a 1-day evidentiary hearing on the pending objections. On 2/16/15, 1st counsel for Mr. Tolefree filed his 2nd Motion to withdraw which was granted on 3/11/15. On 3/25/15, Mr. Tolefree's 2nd counsel entered his appearance. Contrary to the statements on the record on 1/13/15, Mr. Tolefree's 2nd counsel now wishes to conduct a foraging expedition thru Mr. Lewis and his business. Before Mr. Tolefree's 2nd counsel entered his appearance, creditor has allowed Sec 523 deadline to pass, failed to file Rule 26 Planning Meeting report, has filed a MRS, has conducted no discovery in the 9 months since case filed, conducted no discovery in 8 months his atty first entered appearance, has entered premises and claimed he is an "owner", entered the premises and set up shop, not ordering any food in a restaurant and otherwise alienated and denied debtor and his business entities from earning income and has demanded 3rd parties change the operating agmt. Creditor now wants a "do-over" and debtor's expense. If Court should grant this Motion, debtor asks that Mr. Tolefree be excluded from attendance because of his oppositional-defiance behavior. Berger AM docket May 12, 2015, 9:30 a.m. 14-22209 Howard Lee Teague Judge: Robert D. Berger Sarah A. Sypher Chapter 13 Plan - Amended 3/19/15 Current w/ TTE @ $100/mo DP 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. 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. 5/6/15 Email from DA: OTC filed by IRS – waiting to hear back from debtor re: employment status. I will request continuance if needed and all parties agree. FYI - D has new job. DA to propose plan w/ ACP starting at confirmation. Berger AM docket May 12, 2015, 9:30 a.m. 14-22426 Tessa Rose Swodeck Judge: Robert D. Berger Christopher R. Coons Motion for Dismissal for Failure to Make Plan Payments **TTE to upload Order of Dismissal** DQ = $80 @ $80/mo due to recent MTA - $326.16. Last (and only) pmt remitted in case was Nov 2014. Per Order on MTA - resume by 4/30/15 or case dismissed. Per MTA, D ill and unable to work. Rec'g short-term disability. Cont from March for tracking/pmt. Berger AM docket May 12, 2015, 9:30 a.m. 14-22429 Cliff Anthony Dunham, Jr. Judge: Robert D. Berger Hilliard L Moore Chapter 13 Plan **cont to 6/23/15 for tracking** DQ = $725 @ $594/mo EP [MTA $1966 in Feb 2015] - New EP Rec'd $593 in April. Last pmt before that was $150 in Nov 2014. TTE would like to see another pmt before w/drawing the mtd. D working again? 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. 5/4/15 Email from DA: Client sent in $593 in April (not sure why payment is $1 short of plan payment). It also appears a new WWO has been issued to his employer. Can we continue this one a month to see if payments start coming in from the employer? Once that happens, we will abate missed pp’s Berger AM docket May 12, 2015, 9:30 a.m. 14-22609 Jessica Reding and Gabriel Reding Judge: Robert D. Berger Jonathan C Becker Chapter 13 Plan - amended 3/16/15 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. Consent to increase? If so, how should we set up the wage orders? Cont from April by agreement of the parties. Berger AM docket May 12, 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 CONFIRM w/ NEE of $3177.48 as amended 4/17/15. Obj due 5/8/15. TTE's 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. Berger AM docket May 12, 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) 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. Cont from Feb, March and April by agreement of the parties. Berger AM docket May 12, 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 = $420 @ $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. Cont from April for pmt by 4/30 or case dismissed. **Order of dismissal to be uploaded** Berger AM docket May 12, 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. 5/4/15 Email from DA: It looks like we are finally close to resolving this one. will appear for it. Cont from April for loan mod to be finalized. As of right now, we Berger AM docket May 12, 2015, 9:30 a.m. 15-20108 Gregory Robert Jones Judge: Robert D. Berger Jason C Amerine Motion for Dismissal for Failure to Make Plan Payments **cont to 6/23/15 for tracking** DQ = $2915 @ $4656/mo DP (increases to $5675 in May) Rec'd pmt in Feb $0 in March $1775 in April MTD set straight to hearing. FYI - Confirmation hearing re-set to pre-trial (OTC filed by Stanley Bank) on 6/2/15. NEE of $8923.35 5/6/15 Email from DA: This is set for pretrial for the Objection by Stanley Bank. I am filing a motion to abate for the March payment. Debt should be current by the end of May. Can we continue to June to see what happens at pretrial and whether he gets current? Berger AM docket May 12, 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 **cont to 6/23/15 for tracking** 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 & 4/20/15 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. 4/17/15 Email from DA: The debtor agrees to the amount requested through the plan. Can you put the amount in the confirmation order? We will get you the waiver asap. 4/20/15 Email to DA: We will confirm the case after we received the waiver. 5/6/15 Email from DA: OTC filed by T’ee – sent waiver to her 4/20, called and resent on 5/6 (she said she didn’t get it on 4/20) – she said she will get it to us asap. Continue for waiver? Okay. Last continuance. Berger AM docket May 12, 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. Need $558/mo - email to DA on 5/7/15 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. Order entered granting motion on 5/6/15. Cont from April for loan modification. AO on NFM. Berger AM docket May 12, 2015, 9:30 a.m. 15-20131 Larry Wayne Parrish and Linda Lee Parrish Judge: Robert D. Berger David A. Reed Chapter 13 Plan CONFIRM w/ $3560.65 to general unsecured as amended 4/14/15 Berger AM docket May 12, 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 = $495 @ $165/mo DP waiting on pmts MTA filed - abating thru March. Will resume in April. Obj due 4/23/15. 4/16/15 Resp: Unexpected expenses. 4/24/15 Suggestions of death. D passed away in April, 2015. Cont from April for April pmt or case dismissed. 5/6/15 Email from DA: He passed away in April. This can be dismissed. Berger AM docket May 12, 2015, 9:30 a.m. 15-20176 Dale Eugene Henry and Kristen Nicole Henry Judge: Robert D. Berger David A. Reed Chapter 13 Plan CONFIRM as amended 4/14/15 Berger AM docket May 12, 2015, 9:30 a.m. 15-20181 Douglas Lee Myers Judge: Robert D. Berger Jason C Amerine Chapter 13 Plan First ePay decline. Rec'd second ePay on 5/7/15--needs to clear. Is D employed? EP set up thru ABC Roofing Inc in March - nothing rec'd from them. Cont from April for pmt or case may be dismissed. 5/5/15 ePay declined: We received notice from the bank that ePay for $260 which posted 4/30/15 was rejected due to "no acct/cannot locate/name mismatch." The pmt was reversed. 5/15/15 Email from DA: Ok, I talked to Douglas Myers and he said he had this same problem with the utility company when he tried to use his prepaid debit card. He’s going to try again today with a different card. Berger AM docket May 12, 2015, 9:30 a.m. 15-20184 Mark H Engen and Maureen E. Engen Judge: Robert D. Berger Teresa M. Kidd Chapter 13 Plan OTC filed by TTE to 5/4/15 amended plan: 1. The mortgage claim filed by BMO Harris Bank shows the mortgage has a balloon note due July 1, 2018. The Chapter 13 case will not be completed by that date. The plan needs to be amended to address how this mortgage will be paid by then. 2. The amended plan provides for a pool of $29,460, per the amended Mean's Test, however it is also adding a Special Class Creditor, Navient Solutions, for a student loan claim. The amended plan seeks to pay the student loan creditor in full ($34,281) at 0% interest rate prior to any other general unsecured creditors. 3. The Trustee objects because the amended plan's separate classification of the student loan debts unfairly discriminates against other creditors and thereby violates 11 USC Section 1322(b)(1). The nondischargeable nature of Chapter 13 debtors' student loan debt, without more, is an insufficient reason for discriminating in favor of student loan creditors. In re Knowles 501 B.R. 409 (Bankr. D. Kansas 2013). See also In re Stull - can pay student loans AFTER pool satisfied. Berger AM docket May 12, 2015, 9:30 a.m. 15-20203 Chanita Denise Tuggle Judge: Robert D. Berger Hilliard L Moore Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20281 Allen Kent Epstein Judge: Robert D. Berger David L. Dean Chapter 13 Plan Current @ $3000/mo DP TTE's Objection: See attached. 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 May 12, 2015, 9:30 a.m. 15-20283 Camillia N Hill Judge: Robert D. Berger David A. Reed Motion for Dismissal for Failure to Make Plan Payments **to be w/drawn** Berger AM docket May 12, 2015, 9:30 a.m. 15-20289 Anthony Lamar Williams Judge: Robert D. Berger Jay T. Grodsky Chapter 13 Plan - amended 4/24/15 **cont to 6/23/15 for the deadline to run** 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. Plan amended 4/24/15 - not worked yet. Obj due 5/15/15. Looks like it resolved TTE's issues. Berger AM docket May 12, 2015, 9:30 a.m. 15-20297 Junius Scott Smith and Susan Elaine Smith Judge: Robert D. Berger Keith A Wellman Chapter 13 Plan - current @ $700/mo WHG reviewing case. 2004 exam held 4/22/15 and may need to pick up again TTE would like to ask additional questions. OTC filed by Farmers Insurance: See attached. Objection to Exemptions filed by Farmers Insurance: Requests that Ds' exemption in 2000 VW Beetle be denied and the exemption in their residence be reduced. See attached. Berger AM docket May 12, 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. Cont from April for resolution. Berger AM docket May 12, 2015, 9:30 a.m. 15-20369 Reginald L Taylor and Theresa A. Taylor Judge: Robert D. Berger Teresa M. Kidd Chapter 13 Plan **cont to 6/23/15 for tracking** 341 meeting cont to 5/20/15 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. Ds' Resp: See attached. Cont from April by agreement. Berger AM docket May 12, 2015, 9:30 a.m. 15-20376 James Edward Jackson, Sr. and Anita Louise Jackson Judge: Robert D. Berger Jason C Amerine Chapter 13 Plan CONFIRM @ 100% as amended 4/1/15 w/ NEE of $29,010 Berger AM docket May 12, 2015, 9:30 a.m. 15-20377 Lance McClain Atkins Judge: Robert D. Berger Christopher R. Coons Chapter 13 Plan waiting on pmt - EP mtd-ftc to be filed. Berger AM docket May 12, 2015, 9:30 a.m. 15-20379 Anthony Eugene Gooden and Sharon Patrice Gooden Judge: Robert D. Berger Tracy L. Robinson Chapter 13 Plan waiting on pmt and mtn to deviate from EP mtd-$ filed. Berger AM docket May 12, 2015, 9:30 a.m. 15-20380 Ronald Damon Byrd Judge: Robert D. Berger Hilliard L Moore Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20381 Terence Patrick Smith and Abigail Kristin Bender Judge: Robert D. Berger Hilliard L Moore Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20382 Eric Lee Donovan and Julia Dawnyel Donovan Judge: Robert D. Berger Sarah A. Sypher Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20383 Denise Marie McMillan Judge: Robert D. Berger Hilliard L Moore Chapter 13 Plan CONFIRM as amended 4/2/15 Berger AM docket May 12, 2015, 9:30 a.m. 15-20384 Steven Tyrelle Phillips Judge: Robert D. Berger Christopher R. Coons Chapter 13 Plan CONFIRM **to be w/drawn**TTE's OTC: Debtor includes $400 per month for a pro-rated tax refund on Schedule I. Debtor received federal tax refunds of $831 in 2014 and $312 in 2013. In addition, the Debtor owed Kansas $570 in 2013. The Debtor's plan does not appear to be feasible. Berger AM docket May 12, 2015, 9:30 a.m. 15-20385 Jimmy Allen Rogers and Shawndra Rene Rogers Judge: Robert D. Berger Christopher R. Coons Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20386 Arthur Thomas Wilson, Sr. Judge: Robert D. Berger Chris M Troppito Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20390 Latice DaShon Ervin Judge: Robert D. Berger Hilliard L Moore Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20397 Reneshia Mechelle Scott Judge: Robert D. Berger David A. Reed Chapter 13 Plan OTC filed by NFM: PLAN CONTEMPLATES PAYMENT OF $1079 TO NFM AS SECURED. NFM BELIEVES VALUE OF COLLATERAL = $$2285.20 THEREFORE, NFM BELIEVES IT CLM SHD BE ALLOWED AS $2285.20 SECURED + $177.25 GU. Berger AM docket May 12, 2015, 9:30 a.m. 15-20398 Justin Eugene Rose Judge: Robert D. Berger Hilliard L Moore Chapter 13 Plan CONFIRM @ 100% as amended 4/1/15 Berger AM docket May 12, 2015, 9:30 a.m. 15-20401 Carmen Yvonne Hill Judge: Robert D. Berger David A. Reed Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20408 Lal Tin Hup Judge: Robert D. Berger Hilliard L Moore Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20418 Erica Aileen Hatfield Judge: Robert D. Berger Hilliard L Moore Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20419 Melissa Bea Clark Judge: Robert D. Berger David A. Reed Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20421 Michael Eugene Brown Judge: Robert D. Berger Kristina S Zhilkina-Crump Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20425 LaNeece Irene Jardon Judge: Robert D. Berger Chris W Steffens Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20433 Dianne May Verrill Judge: Robert D. Berger David L. Dean Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20440 Kelly Patrice Gill Judge: Robert D. Berger Kristina S Zhilkina-Crump Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20443 Steven Carl Anderson Judge: Robert D. Berger Hilliard L Moore Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20450 Edward Lee Hammer and Jennifer Michelle Hammer Judge: Robert D. Berger David L. Dean Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20452 Shaun Oliver Lanham Judge: Robert D. Berger Kristina S Zhilkina-Crump Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20454 Gregory Edward Gunther Judge: Robert D. Berger Cary W Eldridge Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20456 Randy Wayne Howell and Laloni Lou Howell Judge: Robert D. Berger Cary W Eldridge Chapter 13 Plan - amended 4/8/15 **cont to 6/23/15 for tracking** WHG to file OTC. TTE request doc on when each 401k loans PIF & D paying $286/mo on mobile home for one more year. R & N to retain Harley. Need pmt. 4/27/15 Email from DA offc: Good afternoon Karie, Please continue Case No. 15-20456 Randy Wayne Howell and Laloni Lou Howell over to the next docket for resolution of confirmation issues. Thank you. Sandy Berger AM docket May 12, 2015, 9:30 a.m. 15-20460 Annisa Marie Dangerfield Judge: Robert D. Berger Michael R Norlen Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20462 Patti Ann Gainous Judge: Robert D. Berger Christopher R. Coons Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20465 James Edward Smith Judge: Robert D. Berger David A. Reed Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20466 Ronald Ray Robinson Judge: Robert D. Berger Chris W Steffens Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20473 Steven Charles Luttrell and Beverly Jean Luttrell Judge: Robert D. Berger Cary W Eldridge Chapter 13 Plan - amended 4/30/15 **cont to 6/23/15 for the deadline to run on the amended plan** Berger AM docket May 12, 2015, 9:30 a.m. 15-20475 Sandra Lee Brownlee Judge: Robert D. Berger Ryan B Patton Chapter 13 Plan Need amended petition to disclose physical address. Berger AM docket May 12, 2015, 9:30 a.m. 15-20476 Timothy Shawn LeManske, Sr. Judge: Robert D. Berger Ryan B Patton Chapter 13 Plan CONFIRM @ 100% Berger AM docket May 12, 2015, 9:30 a.m. 15-20477 Charles Leamon Stevens, II Judge: Robert D. Berger Sarah A. Sypher Chapter 13 Plan LOF - Need KDOR claim resolved ($353k). Obj to claim pending. Obj due 5/11/15. 5/6/15 Email from DA: Confirmation Hearing – negotiating settlement with KDOR – I will request continuance if needed and all parties agree. Berger AM docket May 12, 2015, 9:30 a.m. 15-20479 Deshawna Rena Smith Judge: Robert D. Berger David A. Reed Chapter 13 Plan TTE's OTC: 1. The trustee objects to the following provision in the non-standard provision of paragraph 11 of the plan: "Pay available funds during 36 month plan base." 2. The debtor's plan does not propose to pay another other general unsecured creditors. 3. The Trustee objects because the plan's separate classification of the student loan debts unfairly discriminates against other creditors and thereby violates 11 USC Section 1322(b)(1). 4. The nondischargeable nature of Chapter 13 debtors' student loan debt, without more, is an insufficient reason for discriminating in favor of student loan creditors. In re Knowles 501 B.R. 409 (Bankr. D. Kansas 2013). Berger AM docket May 12, 2015, 9:30 a.m. 15-20482 Joel David LeBlanc and Erica Penny LeBlanc Judge: Robert D. Berger Tracy Wrisinger Chapter 13 Plan CONFIRM as amended 4/28/15 Motion to Incur Debt - $13,000 from Instant Auto Surr 2014 Lexus IS lease. Loan of $13,000 w/ 23% interest to purchase 2007 Honda Accent or comparable car. $241 bi-weekly. No objection from the TTE. Berger AM docket May 12, 2015, 9:30 a.m. 15-20489 Jennifer Lynn Morang and Garymax Howard Morang Judge: Robert D. Berger Steven A. Stockard Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20493 Durwin Delane Houston Judge: Robert D. Berger David R. Barlow Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20494 Rodney Eugene Simpson Judge: Robert D. Berger David R. Barlow Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20495 Chad Stewart Bowman and Leslie Christine Bowman Judge: Robert D. Berger Jonathan D Bhend Chapter 13 Plan - 4/28/15 **cont to 6/23/15 for the deadline to run on the amended plan** DA to amend to address TTE's issues. Need pmt. OTC filed by Toyota: RE 2013 TOYOTA CAMRY PLAN FAILS TO COMPLY W/ SECTION 1325(a)(4) & (5) IN THAT VALUE AS OF EFFECTIVE DATE OF PLAN, OF PROPERTY TO BE DISTRIBUTED TO CREDITOR IS LESS THAN AMOUNT THAT WD BE PD IF ESTATE WERE LIQUIDATED UNDER 7 OF CODE DEBTOR IS UNDERSTAED IN AMT OWED, AMT OWED IS $21,644.78; SHD BE PD FULL AMT + INT AT DISC RT. Berger AM docket May 12, 2015, 9:30 a.m. 15-20499 Monica Demetra Jones Judge: Robert D. Berger David A. Reed Chapter 13 Plan DQ = $1040 @ $1340/mo DP waiting on pmt - DP D remitted $300 check on 5/6/15 - needs to clear / need full plan pmt Berger AM docket May 12, 2015, 9:30 a.m. 15-20503 Ryan Harris Hooks Judge: Robert D. Berger David A. Reed Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20505 Lisa Evette Alexander Judge: Robert D. Berger David L. Dean Chapter 13 Plan OTC filed by SW Natl Bank: FOR COLLATERAL 2010 DODGE NITRO CREDITOR BELIEVES VALUE IS $15,500. D'S PLAN PROVIDE PAYMENT OF BANK'S CLAIM BASED ON A VALUE OF $13,471. Berger AM docket May 12, 2015, 9:30 a.m. 15-20507 Terry Lee McLaughlin, Sr and Marsha Louise McLaughlin Judge: Robert D. Berger Christopher R. Coons Chapter 13 Plan CONFIRM w/ NEE of $5285.71 - paying full NEE. Berger AM docket May 12, 2015, 9:30 a.m. 15-20508 Trevor Alan Donovan and Meagan Dawn Donovan Judge: Robert D. Berger Hilliard L Moore Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20511 James Robert Easterbrook Judge: Robert D. Berger Christopher R. Coons Chapter 13 Plan waiting on pmt - EP 4/28/15 Email from DA offc: The Debtor has been garnished post-pet. The garnishment is now stopped, but he is waiting to get the refund from his employer and then will be able to send in his plan payment. Berger AM docket May 12, 2015, 9:30 a.m. 15-20515 Claudette A. Robinson Judge: Robert D. Berger Erlene W Krigel Chapter 13 Plan CONFIRM as amended 4/15/15 Berger AM docket May 12, 2015, 9:30 a.m. 15-20521 Jimmie Dale Greer Judge: Robert D. Berger Gary Mardian Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20523 Marlonda Marie Davis Judge: Robert D. Berger Hilliard L Moore Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20530 Diane Mae Plunkett Judge: Robert D. Berger Christopher R. Coons Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20531 Ralph Augustine Zarazua and Debbie Lou Zarazua Judge: Robert D. Berger Christopher R. Coons Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20532 Leon Ramirez, Jr. Judge: Robert D. Berger Ryan B Patton Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20533 Patrick Lennon Coleman Judge: Robert D. Berger Coleman R. Ellis Chapter 13 Plan - amended 5/6/15 - to resolve NFM OTC OTC filed by NFM: D'S PLAN PROPOSES UP TO $3,000 VALUE. NFM BELIEVES CLAIM SHOUL DBE TREAT AS SECURED FOR $5,906 & G.U. BALANCE OF $1,070.44. NOTES: NFM IS CLAIM #3. *Need to wait on objection to exemption. May need to pay $1000 to the GU. Need lang that paying back $1000 preference to father FYI - TTE to file an objection to exemptions 4/28/15 - Need to remove $1000 in sports memorabilia, $500 sporting goods and $75 shot gun exemptions. Berger AM docket May 12, 2015, 9:30 a.m. 15-20534 Jason Andrew Sonnakolb and Mary Kathryn Sonnakolb Judge: Robert D. Berger Ryan B Patton Chapter 13 Plan OTC filed by Easy Credit: RE: 09 DODGE CARAVAN. PLAN PORPSES EMA OF $175. THIS AMOUNT DOES NOT ADQUATELY PROTECT THE COLLATERAL OF CREDITOR. TTE requested preference info (Payless Auto) at the 341 meeting of creditors on 4/22/15. Berger AM docket May 12, 2015, 9:30 a.m. 15-20536 Patricia Michelle Russell Judge: Robert D. Berger Hilliard L Moore Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20547 Darrin Jon Holle and Katina Faith Holle Judge: Robert D. Berger Ryan D Knipp Chapter 13 Plan **cont all mtns to 6/23/15 to let deadline run on mtd** 341 cont to 5/20/15 for appearance. TTE's Motion Objecting to Discharge Prior chap 7 [12-22278] filed 8/22/12. Discharged on 7/28/14. Current case filed 3/25/15. Less than 4 years b/w filings. Not eligible for a discharge. 5/4/15 Per DA at 341 mtg, ds don't want to continue w/ case, as they cannot afford it. Berger AM docket May 12, 2015, 9:30 a.m. 15-20551 Anthony Fitzgerald McLin Judge: Robert D. Berger Hilliard L Moore Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20561 Nekeya Royshelle Owen Judge: Robert D. Berger Hilliard L Moore Chapter 13 Plan **cont to 6/23/15 for tracking** waiting on pmts - EP MTA filed - employer to send pmts beginning in May 2015. 5/4/15 Email from DA: We filed a motion to abate the first plan payment. Continue? Berger AM docket May 12, 2015, 9:30 a.m. 15-20562 Loren Glenn Dome and Debbie Elaine Dome Judge: Robert D. Berger Christopher R. Coons Chapter 13 Plan LOF - estimated tax claims - 89 mos. Berger AM docket May 12, 2015, 9:30 a.m. 15-20566 Penny Kay Key Judge: Robert D. Berger Kristina S Zhilkina-Crump Chapter 13 Plan Need SOL for preference pmt. Waiver sent 4/27/15. Berger AM docket May 12, 2015, 9:30 a.m. 15-20572 David Alan Gardner and Margie Lorraine Anderson Judge: Robert D. Berger Jason C Amerine Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20573 Kristy Lynne Duncan Judge: Robert D. Berger Nicholas A Steinwart Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20574 Melisa Sue Ladd Judge: Robert D. Berger Keith A Wellman Chapter 13 Plan OTC filed by Consumer Portfolio: IN PREVIOUS CASE D WAS GRANTED PERMISSION TO PURCHASE 2011 CHEVY IMPALA $13,665.25 + INTEREST AT 21.45% INT 60 MONTHS AT $360.37. D WAS UNABLE TO MAINTAIN PAYMENTS RESULTING IN MTN RFS. MTN WAS GRANTED AND DS CASE DISMISSED BY COUNSEL ON 5/2015. D FILED PRESENT CASE SHORTLY AFTER. PLAN PROPOSES TO TREAT CR CLAIM AS 910 BUT ALSO SEEKS TO CRAM DOWN TEH INTEREST RATE TO BE PAID FROM THE K RATE OF 21.45% TO 4.75% EFFECTIVELY CAUSING A LOSS OF SEVERAL THOUSANDS OF $ IN INTEREST. WANTS PLAN TO PAY AT K RATE OF INTEREST. Berger AM docket May 12, 2015, 9:30 a.m. 15-20576 George Edward Fairhurst Judge: Robert D. Berger Sarah A. Sypher Chapter 13 Plan CONFIRM w/ NEE of $3500 Berger AM docket May 12, 2015, 9:30 a.m. 15-20579 Donald Eugene Blake, Jr. and Deena Ann Blake Judge: Robert D. Berger David L. Dean Chapter 13 Plan DQ = $550 @ $550/mo DP waiting on pmt - DP mtd-ftc to be filed Berger AM docket May 12, 2015, 9:30 a.m. 15-20584 Douglas Quinton McClain, Jr. Judge: Robert D. Berger Douglas B. Breyfogle Chapter 13 Plan CONFIRM as amended 4/23/15 Berger AM docket May 12, 2015, 9:30 a.m. 15-20587 Jerry Lee Goosen Judge: Robert D. Berger Sarah A. Sypher Chapter 13 Plan CONFIRM @ 100% Berger AM docket May 12, 2015, 9:30 a.m. 15-20591 Scott Aaron Keach and Cheryl Lynn Keach Judge: Robert D. Berger James W. Lusk Chapter 13 Plan - amended 5/5/15 Need pmt - EP mtd-ftc to be filed Berger AM docket May 12, 2015, 9:30 a.m. 15-20594 Robert M. Walker, Sr Judge: Robert D. Berger Cassie Pfannenstiel Rodriguez Chapter 13 Plan CONFIRM w/ NEE of $6634.30 Berger AM docket May 12, 2015, 9:30 a.m. 15-20598 Jessie James Baker, Sr. Judge: Robert D. Berger Hilliard L Moore Chapter 13 Plan CONFIRM Berger AM docket May 12, 2015, 9:30 a.m. 15-20600 Marsha Lynn Keylon Judge: Robert D. Berger Hilliard L Moore Chapter 13 Plan **Cont to 6/23/15 for tracking** 341 cont to 5/20/15 for rtns to be filed. Berger AM docket May 12, 2015, 9:30 a.m. 15-20601 Vernon Vaughn and Debra Lavern Vaughn Judge: Robert D. Berger David A. Reed Chapter 13 Plan **cont to 6/23/15 for tracking** 341 cont to 5/13/15 for rtns to be filed. Berger AM docket May 12, 2015, 9:30 a.m. 15-20740 Dennis Joe Cotton Judge: Dale L. Somers Sarah A. Sypher Motion to Extend Automatic Stay Debtor's Chapter 13 case was filed on 04/15/2015, invoking jurisdiction of this Court; Within the last twelve (12) months, debtor was a party to a previous Chapter 13 proceeding, case number 12-20787, which the Court dismissed on or about 03/02/2015; Debtors prior Chapter 13 case was dismissed due to significant medical and tax debts incurred after filing. Debtor does not anticipate further significant medical or tax debt Sec 341 - May 13th / EP No objection. Berger AM docket May 12, 2015, 9:30 a.m. 15-20742 Anthony Maurice Hill Judge: Robert D. Berger Jerome W Dubin Motion to Extend Automatic Stay On April 15, 2015, the Debtor filed a petition for relief under Chapter 13 of the Bankruptcy Code. Prior to filing the instant case, the Debtor previously participated in one separate bankruptcy within the prior one-year period. This is the Debtor’s second bankruptcy pending within the last 12 months. Debtor’s prior bankruptcy case, 12-23436-13 in the District of Kansas, was filed on December 27, 2012, and the case was dismissed voluntarily by the Debtor on January 29, 2015. Debtor’s previous case was filed so that the Debtor could save his homestead from foreclosure. However, over the course of the previous case the Debtor was not permanently employed and suffered from frequent work interruptions due to not having permanent employment thus causing his plan to fall behind to the point he could not afford to catch up his plan payment. This case has been filed in good faith as the Debtor has had a substantial change in circumstances. Debtor has obtained permanent employment that will stop the periods of unemployment that caused the Debtor’s plan to fail. Sec 341 - May 13th / EP No objection. Berger AM docket May 12, 2015, 9:30 a.m. 15-20784 Jose Amado Lopez and Ana Maritza Espana Judge: Robert D. Berger Sarah A. Sypher Motion to Extend Automatic Stay Debtors' Chapter 13 case was filed on 4/20/2015, invoking jurisdiction of this Court. Within the last twelve (12) months, debtors were a party to a previous Chapter 13 proceeding, case no. 11-23565, which was dismissed on or about 02/24/2015. Debtors' previous Chapter 13 case was dismissed due to a loss of income and additional medical and tax debts. Debtors' income has now recovered, and they do not anticipate significant medical or tax debts in the future. Sec 341 - May 13th / DP No objection. Berger AM docket May 12, 2015, 9:30 a.m. 15-20794 Kristin Mae DeLong Judge: Robert D. Berger Chris W Steffens Motion to Extend Automatic Stay Debtor filed the instant case on 4/21/2015. Debtor was in a pending Chapter 13, case number 14-41206-13-JMK, filed in Topeka, Kansas within one year the instant case was filed. This earlier case was dismissed on 4/6/15. Debtor made their best efforts to complete the previous Plan but was unable to maintain payments due to financial difficulties. Debtor otherwise substantially complied with the requirements of the Plan and the Trustee. Sec 341 - May 20th / EP No objection. Berger AM docket May 12, 2015, 9:30 a.m. 15-20813 Carmen LeighAnne Mestagh Judge: Robert D. Berger Kristina S Zhilkina-Crump Motion to Extend Automatic Stay Debtor filed the instant case on April 22, 2015. Debtor was in a pending Chapter 13, case number 13-20039-13-RDB, filed in Kansas City, Kansas within one year the instant case was filed. This earlier case was dismissed on April 6, 2015. Debtor made their best efforts to complete the previous Plan but was unable to maintain payments due to financial difficulties. Debtor otherwise substantially complied with the requirements of the Plan and the Trustee. Sec 341 - May 20th / EP No objection. Berger AM docket May 12, 2015, 9:30 a.m. 15-20857 Kalila Marie Thomas Judge: Robert D. Berger Kristina S Zhilkina-Crump Motion to Extend Automatic Stay Debtor filed the instant case on 4/27/2015. Debtor was in a pending Chapter 13, case number 13-22910-13-RDB, filed in Kansas City, Kansas within one year the instant case was filed. This earlier case was dismissed on 4/20/15. Debtor made their best efforts to complete the previous Plan but was unable to maintain payments due to financial difficulties. Debtor otherwise substantially complied with the requirements of the Plan and the Trustee. Sec 341 - May 20th / EP No objection. Berger AM docket May 12, 2015, 9:30 a.m. 15-20894 Travis L Barger and Jolene L Barger Judge: Robert D. Berger David A. Reed Motion to Extend Automatic Stay pursuant to Sec. 362(c)(3) Debtors filed the instant petition on April 29, 2015. Within the preceding twelve (12) months, Debtor was a party to a previous Chapter 13 proceeding, 11-23767-rdb-13, which had been dismissed without prejudice on January 27, 2015 for a default in plan payments. The present case gives Debtors an additional 36 months to pay their priority tax debt, and no new consumer loans have been incurred during the meantime. Any presumption against good faith can be rebutted by clear and convincing evidence, due to the fact that Debtors have either surrendered (or are trying to surrender) all collateral subject to pre-existing liens, including the former homestead and the remaining Ford Econoline van. Neither lien-holder has stepped forward. Sec 341 - May 27th / DP No objection.
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