| PRINT USING LANDSCAPE FOR BEST RESULTS |
| UPDATED: 3/25/20 6:01 pm |
| All Chapter 13 matters are now listed. Matters are sorted by time slot and by Debtor Attorney within the time slot. If the debtor |
| has filed a 1329 motion, any continued Trustee’s Motion to Dismiss will appear with the 1329 motion instead of at 10:00. Use |
| Ctrl+f to search for a specific case or name. |
| Court Call for Friday, March 27, 2020 |
| Case # Debtor Name Debtor Attorney Description Disposition Notes |
| Motion Allow |
| Claim(s) |
| Debtor's Motion to Allow Claim(s) #8 Filed by David P Lloyd on |
| behalf of Umberto S. Davi filed on 3/16/20 in the amount of |
| $10,705.55 unsecured; POC was filed past the bar date of |
| 4/25/19; Conf Terms: $1069/60/100%; No liquidation, CMI Pot |
| $21,170.40; With added POC, the case reaches the base in |
| month 61 and pays a dividend of 96.6%, and also meets the CMI |
| Pot amount; Order OK |
| CITIZENS LAW |
| GROUP |
| Motion Dismiss |
| Case for Other |
| Reasons |
| COSTELLO & |
| COSTELLO |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Due date 21st |
| Set for 3/27: $2710 = 3.7 mo Last $ 2/27/20 $745/mo |
| 3/18 - D atty says D will be current by 4/17 date |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| OE 1/18/19 deferring $1286, increase pymt to $466/mo |
| P/C OE 1/18/19, Last ER receipt on 12/26/19 |
| Due date 9th |
| Set for 3/27: $2041 = 4.4 mo Last $ 12/26/19 $466/mo |
| CONT FOR 1329 MTN |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Was on P/C, last ER receipt on 11/25/19 |
| Due date 1st |
| Set for 3/27: $1731 = 4 mo Last $ 11/25/19 $423/mo |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| OE 2/15/19 Extending Auto Stay |
| Was on P/C, last ER receipt on 12/9/19; NEED P/C |
| Due date 27th |
| Set for 3/27/20: $2525 = 3.7 mo Last $ 12/9/19 $678/mo |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Due date 18th |
| Set for 3/27/20: $6164 = 5 mo Last $ 11/19/19 $1215/mo |
| DAVID M |
| SIEGEL |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| OE 6/28/19 Extending Auto Stay |
| Was on P/C, last ER receipt on 11/25/19; NEED NEW P/C |
| Due date 11th |
| Set for 3/27/20: $2317 = 3.8 mo Last $ 11/25/19 $610/mo |
| DUENEZ LAW |
| LLC |
| Motion Dismiss |
| Case for Other |
| Reasons |
| Failure to file CCC. D ATT subsequently filed a CCC dated March |
| 2, the case was filed February 29. |
| EDWIN L FELD |
| & ASSOC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Due date 4th |
| Set for 3/27/20: $1900 = 3.8 mo Last $ 1/8/20 $500/mo |
| GERACI LAW |
| LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Was on P/C, last ER receipt 11/22/19 |
| Case is in month 54 |
| Due date 17th |
| Set for 3/27: $2600 = 4 mos Last $ 11/26/19 $650/mo |
| GERACI LAW |
| LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Was on P/C, last ER receipt on 1/22/20 |
| Due date 21st |
| Set for 3/27: $2475 = 4 mos Last $ 1/22/20 $615/mo |
| May 15 for 1329 |
| GERACI LAW |
| LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| OE 5/12/17 Extending Stay |
| Was on P/C, last ER receipt on 11/20/19 |
| Due date 25th |
| Set for 3/27: $2500 = 5 mo Last $ 11/20/19 $500/mo |
| GERACI LAW |
| LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| OE 9/7/18 deferring $2998 |
| Due date 17th |
| Set for 3/27: $3026 = 4 mo Last $ 12/27/19 $750/mo |
| May 15 for 1329 |
| GERACI LAW |
| LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| OE 2/15/19 deferring $14,655 |
| OE 11/22/19 deferring $16,385, increase pymt to $3,530/mo |
| No payment received since OE 10/21/19 |
| Due date 17th |
| Set for 3/27: $14,120 = 5 mo Last $ 10/21/20 $3530/mo |
| May 15 for cure. |
| GERACI LAW |
| LLC |
| Objection to Claim |
| with Notice of |
| Hearing |
| Trustee's Objection to Claim(s) 9 of Milton B Lemke Jr filed on |
| 2/8/20 in the amount of $37,000 that was filed after the bar date of |
| $7/18/18. |
| Debtor filed a claim in his own case. SMH. |
| GERACI LAW |
| LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| OE 2/1/19 Extending Stay - NEED P/C |
| Was on P/C, last ER receipt on 11/13/19 |
| Due date 3rd |
| Set for 3/27: $2021 = 4.2 mo Last $ 3/9/20 $480/mo |
| GERACI LAW |
| LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Plan payment $1335 monthly -Due date 13th |
| Set for 3/27: $5755 = 4.3 mo Last $ 12/4/19 $1335/mo |
| 3/19 - rec'd $ [less than one month default] - WD |
| GERACI LAW |
| LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| OE 8/2/19 IMPOSING AUTO STAY; NEED P/C |
| Due date 15th |
| Set for 3/27/20: $25,000 = 5 mo Last $ 11/12/19 $5000/mo |
| GERACI LAW |
| LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Due date 26th |
| Set for 3/27/20: $12,850 = 4.7 mo Last $ 1/30/20 $2770/mo |
| May 15 for cure. |
| GERACI LAW |
| LLC |
| Motion Object to |
| Discharge |
| Debtor has no |
| defense. |
| Chapter 7 BK 16-25688 Filed 8/10/16, Discharged 11/1/16. |
| D ATT has no defense to this motion. |
| GILBERT R |
| DIZON |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| May 1 for 1329. |
| Due date 30th |
| Set for 3/27: $608 = 4 mo Last $ 12/2/19 $152/mo |
| GLEASON & |
| GLEASON LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| NEED P/C; Made 1st 2 payments then nothing until this TMD was |
| filed, made a lump sum payment of $1,200 on 3/5/20 |
| Due date 4th |
| Set for 3/27/20: $400 = 1 mo Last $ 3/5/20 $400/mo |
| GONZALEZ |
| LAW GROUP PC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| OE 8/2/19 Extending Stay to September 20, 2019 |
| OE 10/11/19 IMPOSING STAY |
| Debtor mays every other month, when she pays; NEED P/C |
| Due date 16th |
| Set for 3/27/20: $5140 = 4 mo Last $ 12/4/20 $1285/mo |
| GREGORY K |
| STERN |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| OE 4/6/18 Extending Auto Stay |
| Debtor 2 was on P/C, last ER receipt on 9/25/19 |
| Due date 15th |
| Set for 3/27/20: $8750 = 5.9 mo Last $ 9/25/19 $1500/mo |
| JAMES A |
| YOUNG & |
| ASSOC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| No Discharge in this case |
| OE 11/9/18 deferring $5142 and increase pymt to $1331/mo |
| Due date 21st |
| Set for 3/27: $5324 = 4 mos Last $ 2/21/20 $1331/mo |
| JAMES A |
| YOUNG & |
| ASSOC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Due date 23rd |
| Set for 3/27/20: $1304 = 4 mo Last $ 2/21/20 $326/mo |
| 3/10 - Debtor attorney has $978 MO that he is mailing to the PO |
| box - brings debtor current - WD |
| JASON BLUST |
| LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| OE 1/20/17 deferring $1028 |
| OE 5/24/19 deferring $599 |
| Due date 10th |
| Set for 3/27: $2304 = 3 mo Last $ 3/6/20 $744/mo |
| JEFF |
| WHITEHEAD |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| No Discharge in this case |
| OE 12/15/17 deferring $1419, lower pymt to $442 |
| OE 3/1/19 deferring $935, increase pymt to $487 |
| Due date 16th |
| Set for 3/27: $1705 = 3.5 mo Last $ 2/27/20 $487/mo |
| CONT TO CURE DEFAULT |
| NEED $2,192 TO BE CURRENT THRU MARCH |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| OE 5/13/19 deferring $2475, increase pymt to $870/mo |
| Only 1 lump sum payment of $4,350 made on 11/14/19 since OE |
| 5/13/19 - NEED P/C |
| Due date 16th |
| Set for 3/27: $4350 = 5 mo Last $ 11/14/19 $870/mo |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| OE 8/21/19 Extending Stay AND AGO as to Pingora Loan Srv as |
| to mortgage payments |
| Poor Pay History; NEED P/C |
| Plan payment step up from $400 to $1175, debtor pd $800; |
| Due date 2nd |
| Set for 3/27/20: $3125 = 2.7 mo Last $ 2/18/20 $1175/mo |
| JOSEPH P |
| DOYLE |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| OE 7/19/19 deferring $6665, increase pymt to $1922/mo |
| Due date 29th |
| Set for 3/27: $6785 = 3.6 mo Last $ 1/21/20 $1922/mo |
| JOSEPH P |
| DOYLE |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| No Defense |
| Offerred. |
| D ATT has no defense per 03/24/20 email |
| Set for 3/27: $2292 = 4 mo Last $ 10/30/19 $573/month Due |
| date 29th |
| JOSEPH P |
| DOYLE |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| No Defense |
| Offerred. |
| D ATT has no defense per 03/24/20 email |
| $0 since OE 10/25/19 Deferring $6,379 default. |
| Debtors made payments in only 4 months out of 15. Due date |
| 17th |
| Set for 3/27/20: $7230 = 5 mo Last $ 10/22/19 $1446/mo |
| KATHLEEN |
| VAUGHT |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| No Defense |
| Offered |
| 3/17 email from Debtor Attorney - NO DEFENSE |
| Set for 3/27: $8350 = 5 mo Last $ 11/12/19 $1670/mo |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Due date 27th |
| Set for 3/27: $3100 - 2.2 mos Last $ 3/9/20 $1400/mo |
| OKEEFE |
| RIVERA & BERK |
| LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| No Discharge in this case |
| *6 BK Cases in 9 Years* |
| OE 1/19/18 Extending Stay |
| Due date 3rd |
| Set for 3/27: $1145 = 3.5 mo Last $ 1/28/20 $328/mo |
| OLSTEIN LAW |
| LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Total of 8 TMDs filed throughout this case due to non-compliance, |
| default and default W/Bar from refilling |
| OE 4/12/19 deferring $4795 and lower payment to $1200/mo; |
| Since this order, debtor has made payments in 2 months out of 11 |
| due since 4/2019 |
| Due date 15th |
| Set for 3/27: $5400 = 4.5 mos Last $ 12/2/19 $1200/mo |
| PRO SE |
| DEBTOR |
| Motion Dismiss |
| Case for Other |
| Reasons |
| Notice of Motion and Motion to Dismiss Debtor for Ineligibility, |
| Notice of Motion and Motion to Dismiss Debtor for Failure to File |
| Required Documents under Section 521 Filed by Glenn B Stearns |
| Hearing scheduled for 3/27/2020 at 09:15 AM at Kane |
| Courthouse, 100 S 3rd Street, Courtroom 240, Geneva, Illinois |
| 60134. (Attachments: # 1 Proposed Order) (Stearns, Glenn) |
| RICHARD S |
| BASS |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| OE 10/11/19 deferring $2175 |
| Due date 11th |
| Set for 3/27: $1759 = 3.2 mos Last $ 3/6/20 $565/mo |
| ROBERT J |
| ADAMS & |
| ASSOC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Due date 18th |
| Set for 3/27: $1533 = 4.3 mo Last $ 12/19/19 $357/mo |
| SCHNEIDER & |
| STONE |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| May 1 for 1329. |
| Lost job 12/2019 |
| Due date 5th |
| Set for 3/27: $822 = 4.3 mo Last $ 12/26/19 $191/mo |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| OE 1/5/18 deferring $2,915 |
| Debtor is on P/C, but we are just not receiving sufficient funds |
| each month, sometimes less than 1/2 payment |
| Case is in month 55 |
| Case payout to 10%, $4,646.64 |
| Due date 19th |
| Set for 3/27: $2158 = 4 mos Last $ 2/19/19 $540/mo |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| 6th TMD, No regular monthly plan payments since 7/2016; Only |
| pays when a TMD is filed |
| OE 10/6/17 deferring $1900 |
| Case is in month 53 (Feb) |
| Payout to 10% $3,583 |
| Due date 28th |
| Set for 3/27: $1600 = 4 mos Last $ 11/13/19 $400/mo |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Was on P/C, last ER receipt on 11/18/19 |
| Due date 18th |
| Payout to 100% $7416 |
| Set for 3/27: $4195 = 4.3 mos Last $ 11/18/19 $975/mo |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Was on P/C, last ER receipt on 5/1/19 |
| Due date 6th |
| Set for 3/27: $5400 = 4 mos Last $ 11/26/19 $1350/mo |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Was on P/C, last ER receipt on 6/19/19 |
| OE 10/11/19 deferring $1138.80, only 1 plan pymt since ; |
| Due date 19th |
| Set for 3/27: $1260 = 4 mos Last $ 2/3/20 $315/mo |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| OE 10/11/19 deferring $1524 and increase pymt to $350; |
| No plan payment received since OE 10/11/19 |
| Due date 24th |
| Set for 3/27: $1750 = 5 mo Last $ 10/21/19 $350/mo |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| OE 5/3/19 deferring $1285 |
| Was on P/C, last ER receipt on 11/11/19 |
| Due date 30th |
| Set for 3/27: $2267 = 4 mo Last $ 11/11/19 $575/mo |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| OE 6/28/19 deferring $1667, increase pymt to $475/mo |
| New P/C entered, last ER receipt on 11/27/19 |
| Due date 20th |
| Set for 3/27: $1900 = 4 mo Last $ 11/27/19 $475/mo |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Was on P/C, last ER receipt on 1/3/20 |
| Due date 19th |
| Set for 3/27: $720 = 4.2 mo Last $ 2/14/20 $175/mo |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Debtor 2 was on P/C, last ER receipt on 11/22/19 |
| Due date 19th |
| Set for 3/27: $3129 = 3.8 mo Last $ 2/14/20 $840/mo |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| No defense |
| offerred. |
| Set for 3/27/20: $6906 = 5 mos Last $ 2/11/20 $1355/mo |
| 03/23/20 email from debtor attorney, debtor seeks dismissal. |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| OE 9/6/19 Deferring $600, No plan payment since OE |
| Poor Pay History since filing, Need P/C |
| Due date 18th |
| Set for 3/27/20: $1320 = 5.5 mo Last $ 9/20/19 $240/mo |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Was on P/C, last ER receipt on 11/5/19 |
| Due date 23rd |
| Set for 3/27/20: $1750 = 5 mo Last $ 11/5/19 $350/mo |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to File |
| Required |
| Documents under |
| Section 521 |
| TMD for failure to Form B101 (Petition), B106 (Dec of Schedules) |
| and B107 (SOFA) signature pages |
| 3/18 - signature pages filed today [signature in D2 space - |
| confirmed with attorney that this is debtor's signature] |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Was on P/C, received 1 ER receipt of $476.73 on 1/7/20 |
| Poor Pay History, pays every other month; NEED P/C |
| Due date 21st |
| Set for 3/27/20: $2359 = 5 mo Last $ 1/7/20 $476.73/mo |
| 3/18 - Continue to 4/17 for 1329 motion |
| THOMAS R |
| HITCHCOCK |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Due date 25th |
| Set for 3/27: $4743 = 3.5 mo Last $ 3/2/20 $1368/mo |
| email D ATT 3/25 10:30 am |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Plan stepped up from $515 to $950 9/2019, debtor pays $515 |
| Due date 24th |
| Set for 3/27: $3121 = 3.3 mo Last $ 2/10/20 $950/mo |
| Move to 10:00 if no 1329. |
| WILLIAM P |
| DREW |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Very Poor Pay History; Made payments in 3 mos out of 10 due; |
| NEED P/C |
| Due date 29th |
| Set for 3/27/20: $6540 = 4 mo Last $ 11/5/19 $1635/mo |
| Now $6540 = 4 months, last $ 11/05/19. |
| Case # Debtor Name Debtor Attorney Description Disposition Notes |
| CHAD M |
| HAYWARD |
| Motion Extend |
| Automatic Stay |
| ***4TH CASE IN 4 YEARS*** |
| Prior Bk 19-24407 Dism W/O Conf on 11/22/29 for failure to file a |
| feasible plan, an amended plan, provide P&L statements, |
| document charitable deduction, document spouse's auto payment |
| and default ($0 received); Debtor alleges he lost his job after they |
| went out of business; Debtor has started his own construction and |
| remodeling business and already has 2 clients under contract |
| totaling $90,000 and has 3 more bids on future jobs; In this case, |
| the charitable donations are now $0 (were $400) but the spouse's |
| income was also decreased by $221 gross and $158 net; Affidavit |
| and Prior/Current Sch I and J are attached |
| GBS - affidavit says terminated after N & I painting closed but last |
| case N & I Painting was his address - wasn't that his business? |
| Income situation questionable at best so maybe extend to |
| confirmation, 5/1/20 |
| ALSO: |
| .Chapter 13 BK 18-17529 Dism W/O Conf 9/28/18 for no 341 |
| Hearing and default (alleges miscommunication about his plan |
| payments) |
| .Chapter 13 BK 17-33563 Dism W/O Conf 4/20/18 for failure to |
| provide spouse's PAs, filed an amended plan and default (alleges |
| miscommunication re: amending his plan and was not getting paid |
| on the job) |
| - |
| CHICAGO |
| LEGAL |
| Motion Relief from |
| Stay |
| S/L as to residence at 865 Elizabeth St, by Dana N O'Brien for |
| Nationstar Mortgage d/b/a Mr. Cooper; Direct pay; Arrears owing |
| $24,306.87; |
| 2 months default thru March, due date 8th; |
| ***Last payment 2/10/20*** |
| Objection to Claim |
| with Notice of |
| Hearing |
| Trustee's Objection to Claim(s) 8 of American Credit Acceptance |
| filed on 2/22/17 in the amount of $16,156,71; The Trustee was |
| notified on 1/13/20 that the POC is PIF [principal pd on claim |
| $8728.53 |
| FYI - OE 12/13/19 AUTHORIZING DISBURSEMENT |
| OF FUNDS -STATE FARM IS AUTHORIZED |
| TO DISBURSE THE INSURANCE FUNDS OF |
| $7703.31 DIRECTLY TO THE CREDITOR |
| Motion Use Sell or |
| Lease Property |
| 363(b) |
| Residence 22W732 Hackberry Dr, Glen Ellyn, for $316,000; 1st |
| mortgage lien $183,057.49; 2nd lien is $30,612; |
| Conf Terms: $1203/60/10%; $ current, no liquidation. |
| Order states proceeds to be applied to plan base. |
| S/L as to residence at 477 Woodhollow Ln, Bartlett, Filed by |
| Amanda J Wiese on behalf of LoanDepot.com, LLC; Direct pay; |
| Arrears PIF; |
| No default thru Feb, on P/C, due date 25th; ***Last payment |
| 3/6/20*** |
| Motion Allow |
| Claim(s) |
| Debtor's Motion to Allow Claim #12 filed by debtor 3/6/20 O/B/O |
| ARM Professional Services, for $11,602; The creditor did not file a |
| proof of claim |
| The debtor's motion states the confirmed plan provides for "full |
| payment" of the claim; THIS IS ABSOLUTELY FALSE. PLAN |
| PAYS 11% TO GUCS AND PLAN WAS SILENT AS TO THIS |
| CREDITOR. |
| OE 9/28/18 No Discharge in this case; |
| Plan Terms: $100-2, $204-46/48/11%; |
| No Objection to allowing the claim but Motion falsely states that |
| plan provides for full payment. |
| S/L as to residence at 2003 Schumacher Dr, Naperville, Filed by |
| Peter C Bastianen on behalf of Nationstar Mortgage LLC d/b/a/ |
| Mr. Cooper; Direct pay; Arrears owing $12,861.05; |
| 1 month default, due date 13th; *Last $ 2/21/20* |
| Debtor's Motion to Avoid Lien of National Shopping Plazas Inc. in |
| the disputed amount of $79,218.85; Creditor served a citation lien |
| which serves as a judgment lien against the debtor's bank |
| accounts, copy of lien attached; Debtor's accounts contain less |
| than $400 and these funds are exempt per 735 KLCS |
| 5/12-1001(b). Creditor has refused to issue a release to Chase on |
| these funds without a court order; No default, due date 16th; |
| Continued Confirmation 4/17/20 |
| FYI - checking account disclosed on B and exempted on |
| amended C; but some non-exempt assets [business |
| assets/ownership] |
| Motion Extend |
| Automatic Stay |
| Filed by David H Cutler on behalf of Karen M Goodvin, Phillip E. |
| Goodvin. |
| P/C O/E 03/16/20. |
| Motion Extend |
| Automatic Stay |
| No objection |
| WITH A P/C |
| Order |
| Filed by David H Cutler on behalf of Anthony R Meeks. |
| NEED P/C. Paid $0 in prior case. |
| Motion Extend |
| Automatic Stay |
| Filed by David H Cutler on behalf of Sabahuddin Omar Mirza. |
| P/C O/E 03-11-20. |
| Motion Extend |
| Automatic Stay |
| and Shorten |
| Notice |
| Prior case 19-10302 dismissed after confirmation. |
| No Schedules, Statements or Plan as of 03/24/20 at 5:20 pm. |
| If everything is filed, no objection if PC O/E. |
| DAVID FREYDIN |
| LTD |
| Motion |
| Compensation |
| WITH Notice of |
| Motion |
| Fee App: $4500.0, Expenses: $365.00. Filed by David Freydin. |
| Confirmed 3/13/20 - current |
| DUSTIN B |
| ALLEN |
| S/L as to residence at 310 Lakeview Dr, Aurora, Filed by Nisha B |
| Parikh on behalf of Fifth Third Bank; Direct pay; Arrears owing |
| $61,146.85; |
| 1.1 month default thru March, due date 29th; ***Last payment |
| 2/28/20*** |
| 3/20 - email to D atty - D making wrong plan payment amount |
| DUSTIN B |
| ALLEN |
| Motion Extend |
| Automatic Stay |
| Prior BK 19-30238 Dism 1/3/20 W/O Conf for failure to provide 4 |
| years tax returns, provide pay advices and conclude a 341 |
| Hearing; Also his P/C stopped after 1 payroll deduction (Debtor |
| lost his job) and his spouse was sick after having a baby; Motion |
| alleges all financial documents have been provided and his |
| spouse is back to work; There is also an increase in income; P/C |
| OE 3/5/20; Affidavit and Prior/Current Sch I and J are attached |
| FERNANDEZ & |
| GRAY |
| Motion Relief from |
| Stay |
| S/L as to residential lease agreement at 416 James Court, Unit B, |
| Glendale Heights, Filed by Craig C Westfall on behalf of Jamie |
| Greer; Direct pay; |
| ***1st payment due 4/6/20*** |
| FERNANDEZ & |
| GRAY |
| Motion Extend |
| Automatic Stay |
| Notice of Motion and Motion to Extend Automatic Stay Filed by |
| Bennie W Fernandez on behalf of Tanisha Pierce. Hearing |
| scheduled for 3/27/2020 at 09:30 AM at Kane Courthouse, 100 S |
| 3rd Street, Courtroom 240, Geneva, Illinois 60134. (Attachments: |
| # 1 Proposed Order # 2 Prior Case Budget # 3 Current Case |
| Budget) (Fernandez, Bennie) |
| FERNANDEZ & |
| GRAY |
| Motion Extend |
| Automatic Stay |
| Notice of Motion and Motion to Extend Automatic Stay Filed by |
| Bennie W Fernandez on behalf of Tanisha Pierce. Hearing |
| scheduled for 3/27/2020 at 09:30 AM at Kane Courthouse, 100 S |
| 3rd Street, Courtroom 240, Geneva, Illinois 60134. (Attachments: |
| # 1 Proposed Order # 2 Prior Case Budget # 3 Current Case |
| Budget # 4 Affidavit) (Fernandez, Bennie) |
| GERACI LAW |
| LLC |
| Motion Relief from |
| Stay |
| Motion for Relief from Stay as to 1S274 Danby Street, Villa Park, |
| IL by Peter C Bastianen on behalf of J.P. Morgan Mortgage |
| Acquisition Corp.. |
| Direct pay - mortgage arrears owed $103.50 |
| Current |
| GERACI LAW |
| LLC |
| Objection to Claim |
| with Notice of |
| Hearing |
| Objection to Claim(s) 13 of U.S. BANK NATIONAL ASSOCIATION |
| Satisfaction filed - WD |
| GERACI LAW |
| LLC |
| Motion |
| Compensation |
| WITH Notice of |
| Motion |
| Fee App: $4000.00, Expenses: $0.00. Filed by Christine Kuhlman. |
| Confirmed 1/19/18 |
| GERACI LAW |
| LLC |
| Motion |
| Compensation |
| WITH Notice of |
| Motion |
| Fee App: $4000.00, Expenses: $0.00. Filed by Adam Suchy. |
| Confirmed 1/19/18 |
| GERACI LAW |
| LLC |
| Motion Vacate |
| Dismissal Order |
| Motion to Vacate OE 2/28/20 Dismissing Case; A payment of |
| $2,100 was made prior to the dismissal but had not posted with |
| the Trustee; Debtor also provide a payment of $4,000 to their |
| attorney bringing them current (This payment has not posted as of |
| 3/13/20); If we receive the $4,000 payment, the case will be |
| current thru March |
| Need $4000 and if working, need PC - makes lump sum payments |
| D ATT holding $4000, mailed to lockbox. |
| GERACI LAW |
| LLC |
| Motion Relief from |
| Stay |
| S/L as to residence at 730 N River St, Batavia, Filed by Peter C |
| Bastianen on behalf of U.S. BANK; Direct pay; Arrears owing |
| $11,261.45; |
| Less than 1 month default thru March, on P/C; ***Last payment |
| 3/4/20*** |
| GERACI LAW |
| LLC |
| To vacate P/C OE 6/11/19 because debtor wishes to make his |
| plan payments direct; This is the second time, debtor alleges his |
| employer has continued to withhold the payments from the |
| debtor's pay check but not remit the funds to the Trustee; |
| 3/19 -less than one month default now b/c rec'd large PC |
| deduction on 3/13 that would substantiate debtors position - no |
| objection under these circumstances |
| GERACI LAW |
| LLC |
| S/L as to residence at 1174 Swan Drive, Elburn, by Peter C |
| Bastianen for Nationstar Mortgage/Mr. Cooper; Direct pay; |
| Arrears owing $4,740.94 |
| 1 month default, due date 9th; *Last $ 2/27/20* |
| GERACI LAW |
| LLC |
| Conf Terms: $Varied/60/10% Plus Tax refunds; Less than 1 month |
| default thru Feb, due date 24th; Liquidation Issue $12,749, |
| Negative MDI; Debtor wishes to amend Section 2.3 of the plan so |
| the debtor may keep her tax refunds because the plan will pay at |
| least 10% dividend to the GUC; Case reaches the plan base in |
| month 60 and pays a dividend of 42% and also meets the |
| liquidation amount to the GUC; Order OK |
| GERACI LAW |
| LLC |
| Motion Relief from |
| Stay |
| S/L as to residence at 407 Ramblewood Drive, Unit B, Glen Ellyn, |
| by Benjamin Rios for Butterfield Manor Condo Assoc; Direct pay; |
| Arrears owing $2,135.88; |
| No default, on P/C; *Last $ 3/18/20* |
| GERACI LAW |
| LLC |
| No objection to |
| revised order |
| Doc 33 03/23/20. |
| Conf Terms: $940/60/100%; Less than 1 month default thru Feb, |
| due date 28th, on P/C; No liquidation, CMI Pot $194,206; Debtor |
| was demoted at work and received a reduction in salary, amended |
| I and J attached; Debtor wishes to reduce the plan payment to |
| $540 per month; Plan Mod with new base of $35,600 pays a |
| dividend of 66/2% in month 61 due to P/C; Amend order to add, |
| The new plan base is $35,600.00 |
| March 23 Proposed order Doc 33 if OK. |
| GERACI LAW |
| LLC |
| Motion Relief from |
| Stay |
| S/L as to property at 400 Grover Street, Joliet by Peter C |
| Bastianen on behalf of The Bank of New York Mellon; Direct pay; |
| Arrears owing $2438. |
| 1 month default thru March, due date 14th; ***Last payment |
| 2/27/20*** |
| GERACI LAW |
| LLC |
| S/L as to residence at 104 3rd Ave., Montgomery, Filed by Cheryl |
| D Cook on behalf of Broker Solutions, Inc. dba New American |
| Funding; Direct pay; Arrears owing $21,008.44; |
| Current/P/C, due date 24th;*Last $ 3/10/20* |
| GERACI LAW |
| LLC |
| S/L as to residence at 414 Mallard Pt Dr, North Aurora by Mark |
| Johnson on behalf of Wilmington Trust; Direct pay; Arrears owing |
| $43,148.17; |
| Current, on P/C, due date 25th; *Last $ 3/17/20* |
| GERACI LAW |
| LLC |
| Motion Obtain |
| Credit/Incur Debt |
| 2017 Nissan Pathfinder (or similar) $22,022 for 72 x $525 at |
| 19.75%. |
| Replaces surrendered vehicle, payment was in the budget. |
| GERACI LAW |
| LLC |
| Motion Obtain |
| Credit/Incur Debt |
| *Confirmed on 2/28/20* |
| Conf Terms: $275/36/10%; On P/C so no default; Debtor wishes |
| to purchase a 2016 Sonata financing $19,555.65 @ $424.09 per |
| month for 72 months W/15.99% APR; No cash down and no trade |
| in; Debtor surrendered both her 2013 Dodge Dart and 2013 Ford |
| Focus in the confirmed plan; Finance agreement attached; |
| Amended I and J attached, daughter is now contributing $500 per |
| month which will cover the new auto payment |
| Without any deficiency POCs from 2 surrendered autos, the case |
| pays 100% in month 19; GUC Bar Date was 3/18/20 and Gov't |
| Bar Date 7/6/20 |
| GILBERT R |
| DIZON |
| Motion Extend |
| Automatic Stay |
| Prior (Joint) BK 19-31399 Dism W/O Conf on 1/3/20 due to debtor |
| becoming unemployed soon after case was filed; In this case, |
| debtor has separated from his spouse and will be filing for divorce; |
| Debtor is now employed full time and his brother has moved in |
| with him and will be contributing to the monthly expenses; P/C OE |
| 3/2/20; Affidavit and Prior/Current Sch I and J are attached |
| GREENBERG & |
| ASSOC |
| Motion to Vacate Order to Employer to Pay the Trustee Filed by |
| Lorraine M Greenberg - |
| OK with reduction but no reason to eliminate PC |
| Should just reduce PC to $210 monthly effective immediately |
| GREENBERG & |
| ASSOC |
| Notice of Motion and Motion to Modify Plan Filed by Lorraine M |
| Greenberg |
| Short notice - due to pandemic |
| Confirmed - varied - 60 - 100% with interest to unsecured! |
| Current plan payment $1190 |
| Reduce to $210 - lost income due to pandemic |
| Still feasible at 100% with $210 payment |
| JASON BLUST |
| LLC |
| Conf Terms: $265/36/10%; Default thru March $795 (3 months), |
| due date 8th; No liquidation, under median; Debtor lost her job and |
| is now receiving unemployment benefits; Debtor wishes to reduce |
| her payment to $225/month for the remainder of the plan; NEED |
| AMENDED I AND J to prove basis for reduction; Plan Mod as |
| proposed pays 10% in month 60 and meets the new Min% Base |
| amount ($9,060) |
| Need revised order that Debtor will amend schedule I and provide |
| a paystub to our office within 30 days of becoming employed again |
| and need order that states default is deferred!! AND NEED GOOD |
| FAITH PAYMENT; LAST $ 11/25/19 |
| JASON BLUST |
| LLC |
| No obj to entry of |
| 3/25/20 |
| Proposed order |
| Doc 37 |
| Conf Terms: $990-1, $1070-50/60/10%; Default thru March $2375 |
| (2.2 months), due date 19th; No liquidation, Negative MDI |
| $580.76; Debtor's 2016 Rogue was totaled in an accident and |
| Progressive Ins paid Nissan Motor Accept $13,074.77 on 12/6/19 |
| for the settlement on the auto; The debtor wishes to pay the |
| remaining balance on this claim as unsecured; Due to the GUC |
| filing lower than scheduled, the case will pay out 100% in month |
| 57 BUT probably motion to purchase car and maybe reduce |
| payment is going to be next |
| Need revised order that defers default. |
| No objection to entry or revised order Doc 37. |
| Loan Mod for residence at 1676 Ruby Dr, Pingree Grove, filed by |
| Peter Bastianen for Codilis & Assoc; New 40 year loan will save |
| debtor $102/mo; Loan docs attached; No default thru March, due |
| date 8th; With mortgage arrears removed from the plan, the case |
| reaches the plan base in month 60 and pays a dividend of 16.7% |
| OK but arrears owing $3686.93- need something on docket to stop |
| paying |
| JOSEPH P |
| DOYLE |
| Motion Obtain |
| Credit/Incur Debt |
| ***341 Hearing on 4/1/20***Conf set for 5/1/20*** |
| To purchase a 2016 Buick Encore financing $9,800 @ $433.40 X |
| 72 W/28% APR; Finance docs received 03/23/20. $4,000 cash |
| down; |
| No vehicles on Sch B; Sch I and J attached are different than |
| original Sch I and J Sch I now has daughter's contribution and |
| Link -$590 - she is unemployed - receiving unemployment? |
| Current Terms: $1695/60/100% |
| (Tight budget BUT Monthly Net Income on Sch J attached to |
| motion, line 23c, $1956, which is higher than plan payment) |
| This is to replace weekly enterprise rental at $300/week. |
| JOSEPH P |
| DOYLE |
| Motion Extend |
| Automatic Stay |
| Prior BK 18-28566 Dism 10/25/19 for default because she |
| suffered loss of income; (Was on P/C, last ER receipt was 5/9/19, |
| job loss); P/C Order entered 3/11/20; Affidavit is attached; NO |
| Prior/Current Sch I and J are attached |
| Motion Dismiss for |
| Other Reasons |
| Motion to Voluntarily Dismiss Debtor Filed by Michael Fabinski |
| - 2 stay lifts so 180 automatic bar |
| Motion says D advised of this |
| Motion Use Sell or |
| Lease Property |
| 363(b) |
| No obj. if D ATT |
| explains low |
| value to court. |
| ***341 Hearing on 3/18/20 and Conf set for 4/17/20*** |
| To sell residence at 311 Forest Ave, Aurora, for $56,000; |
| ***PROPERTY IS VALUED AT $151,108 IN Sch A/B and D WITH |
| LIENS TOTALING APPROXIMATELY $46,875*** Internet values |
| from $115K to $165K. No R/E broker involved in the deal. |
| Minimal if any proceeds for trustee. Debtor states home is in |
| severe disrepair, water damage, etc. |
| Equity in debtor's 2nd R/E will require 100%. Almost no |
| unsecured debt scheduled. |
| BAR DATES 4/22/20 AND 8/10/20 |
| Motion Extend |
| Automatic Stay |
| Prior BK 19-34201 Pro-Se; |
| P/C OE 3/5/20; Everything is filed. |
| PRO SE |
| DEBTOR |
| Motion Extend |
| Automatic Stay |
| Prior BK 18-31276 Dism W/180 Day Bar |
| Sch Value on home only $150,000; Value more than 2 times that, |
| approximately $363,828; Sch D lien amounts unknown on |
| mortgage; Mortgage scheduled in 3.2; IRS unknown amount and |
| filed an extension for 2019 taxes; No mortgage amount on Sch J; |
| Proposes $125/36/10% Plan; 8.1 States debtor no true owner of |
| residence, states debtor to workout an arrangement with the lien |
| holder; Codilis filed a POC in last case for $672,998.77 secured |
| PRO SE |
| DEBTOR |
| Motion Relief from |
| Stay |
| Notice of Motion and Motion for Relief from Stay as to 917 |
| Heathrowlane, Naperville, Illinois 60540. Fee Amount $181,, |
| Notice of Motion and Motion for Relief from Co-Debtor Stay as to |
| 917 Heathrowlane, Naperville, Illinois 60540. Filed by Peter C |
| Bastianen on behalf of HSBC Bank USA, National Association, as |
| Trustee for Fremont Home Loan Trust 2006-D, Mortgage-Backed |
| Certificates, Series 2006-D. Hearing scheduled for 3/27/2020 at |
| 09:30 AM at Kane Courthouse, 100 S 3rd Street, Courtroom 240, |
| Geneva, Illinois 60134. (Attachments: # 1 Proposed Order Relief |
| Order # 2 Statement Accompanying Relief From Stay # 3 |
| Declaration # 4 Loan Documents) (Bastianen, Peter) |
| PRO SE |
| DEBTOR |
| Motion Relief from |
| Stay (Co-Debtor) |
| Notice of Motion and Motion for Relief from Stay as to 917 |
| Heathrowlane, Naperville, Illinois 60540. Fee Amount $181,, |
| Notice of Motion and Motion for Relief from Co-Debtor Stay as to |
| 917 Heathrowlane, Naperville, Illinois 60540. Filed by Peter C |
| Bastianen on behalf of HSBC Bank USA, National Association, as |
| Trustee for Fremont Home Loan Trust 2006-D, Mortgage-Backed |
| Certificates, Series 2006-D. Hearing scheduled for 3/27/2020 at |
| 09:30 AM at Kane Courthouse, 100 S 3rd Street, Courtroom 240, |
| Geneva, Illinois 60134. (Attachments: # 1 Proposed Order Relief |
| Order # 2 Statement Accompanying Relief From Stay # 3 |
| Declaration # 4 Loan Documents) (Bastianen, Peter) |
| ROBERT N |
| HONIG |
| Motion |
| Compensation |
| WITH Notice of |
| Motion |
| Notice of Motion and Application for Compensation for Robert N |
| Honig, Debtor's Attorney, Fee: $4500.00, Expenses: $0.00. Filed |
| by Robert N Honig. Hearing scheduled for 3/27/2020 at 09:30 AM |
| at Kane Courthouse, 100 S 3rd Street, Courtroom 240, Geneva, |
| Illinois 60134. (Attachments: # 1 Exhibit # 2 Court-Approved |
| Retention Agreement # 3 Proposed Order) (Honig, Robert) |
| SCHNEIDER & |
| STONE |
| Notice of Motion and Motion to Vacate Order to Employer to Pay |
| the Trustee Filed by Ben L Schneider |
| Really - RN at hospital - must prove reduction in income |
| SEMRAD LAW |
| FIRM LLC |
| Motion Relief from |
| Stay |
| S/L as to inherited property at 8212 S Ada Street, Chicago, Filed |
| by Peter C Bastianen on behalf of The Bank of New York Mellon; |
| Debtor is an heir of David and Doris Dupree; Debtor's petition, |
| plan and schedules do not provide for this property; Less than 1 |
| month default thru March, on P/C, due date 9th; ***Last payment |
| 3/16/20*** |
| SEMRAD LAW |
| FIRM LLC |
| Motion |
| Compensation |
| WITH Notice of |
| Motion |
| Granted w/o a |
| hearing |
| Fee App: $4000.00, Expenses: $353.23. Filed by Elizabeth Placek. |
| Confirmed 2/14/20 |
| SEMRAD LAW |
| FIRM LLC |
| Motion |
| Compensation |
| WITH Notice of |
| Motion |
| Granted w/o a |
| hearing |
| Fee App: $4000.00, Expenses: $353.23. Filed by Elizabeth Placek. |
| Confirmed 2/14/20- one month default |
| SULAIMAN LAW |
| GROUP |
| Objection to Claim |
| with Notice of |
| Hearing |
| Trustee's Objection to Claim(s) 1 of Capital One Auto Finance filed |
| on 10/11/16 in the amount of $13,737.77; The Trustee was |
| notified on 2/11/20 that the POC is PIF |
| SULAIMAN LAW |
| GROUP |
| Trustee Mtn to Mod Plan to increase plan payment from $307.50 |
| to $405 per month to pay all POCs filed 100% dividend; Case was |
| confirmed with disposable income of $2,417.98, therefore debtors |
| can afford this increase |
| Plan payments are current |
| THURSTON |
| LAW FIRM |
| Motion Dismiss for |
| Other Reasons |
| Motion for Relief from Stay/Dismiss as to 1080 35th St., Downers |
| Grove by Theodore Konstantinopoulos for Specialized Loan - |
| Direct Pay; arrears PIF |
| plan payments current [default deferred 3/13] |
| THURSTON |
| LAW FIRM |
| S/L as to residence at 1080 35th St., Downers Grove, Filed by |
| Theodore Konstantinopoulos on behalf of Specialized Loan |
| Servicing; Direct pay; Arrears PIF; 3 months default thru March, |
| due date 28th; |
| ***Last payment 3/17/20*** |
| THURSTON |
| LAW FIRM |
| OK with revised |
| order |
| Conf Terms: $980/60/100%; less than one month default thru |
| March, due date 15th; On P/C, last ER receipt on 3/18/20; DSO |
| Case; No liquidation, under median; Due to POC filed by State of |
| Wisconsin/ C Hernandez, the plan is no longer feasible at 100%; |
| OE 2/28/20 allowing WI POC to be paid at 10% dividend; Debtor |
| wishes to reduce the dividend from 100% to 10% per Section 5.1 |
| of the confirmed plan to make it feasible; With base remaining the |
| same and dividend reduced to 10%, the case reaches the plan |
| base in month 62 and pays a dividend of 39.5%; Amend order to |
| add, The Plan Base shall remain the same |
| FYI - this should have been 10% in confirmed plan |
| Can't see revised order #36 but probably ok |
| WILLIAM D |
| LOHRMAN |
| Motion |
| Compensation |
| WITH Notice of |
| Motion |
| Granted w/o a |
| hearing |
| Fee App: Asking $3500, Expenses: $310. Filed by William D |
| Lohrman. |
| Confirmed 1/3/20 |
| Case # Debtor Name Debtor Attorney Description Disposition Notes |
| BADILLO LAW |
| GROUP |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| OE 10/6/17 Extending Auto Stay W/ P/C OE 11/30/18 deferring |
| $622 |
| Last ER receipt on 12/10/19 Due date 12th |
| Set for 2/28/20: $482 = 4.4 mo Last $ 12/10/19 $110/mo |
| Default $592 = 5.4 months, last $ 12/10/19. |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| ***CASE IS IN MONTH 57*** |
| Due date 27th Set for 2/28/20: $4377 = 5 mo Last $ 10/11/19 |
| $893/mo |
| BASE BALANCE IS $7,038.00 (3 MONTHS REMAIN IN PLAN) |
| DEFAULT THRU FEB IS $4,377 |
| $4000 on the way via TFS. |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| OE 6/7/19 deferring $710 |
| Payment stepped up from $350 to $1070 Nov 2019 |
| Debtor continued to pay $350/month |
| Due Date 9th |
| Set for 2/28/20: $3380 = 3.2 mo Last $ 2/7/20 $1070/mo |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| No Defense |
| Offered |
| Debtor has no defense to dismissal per 03/20/20 email from D |
| ATT. |
| DAVID FREYDIN |
| LTD |
| Granted w/o a |
| hearing |
| Conf Terms: $300-36, $585-11, $1019-13/60/100%; Default thru |
| Feb $3,189 (3.2 months, due date 8th; No liquidation, CMI Pot |
| $17,232; Debtors divorce was finalized on 3/5/19 and debtor 2 is |
| obligated to make the plan payments and cannot afford $1019; |
| propose $585 per month for the remaining 6 months of the plan; |
| Plan Mod as proposed with a new base of $22,545 pays a |
| dividend of 79%; |
| Amend order to correct the new plan payment in No. 2 to |
| $585/month and add, The new plan base is $22,545.00 - proposed |
| order # 48 is OK |
| D attorney had OE as agreed order - OK |
| DAVID FREYDIN |
| LTD |
| AP Motion Default |
| Judgment |
| Notice of Motion and Motion for Entry of Default, Notice of Motion |
| and Motion for Default Judgment Filed by Elizabeth L Janczak on |
| behalf of Safety Vision, |
| DAVID FREYDIN |
| LTD |
| Adversary case 20-00037. (67 (Dischargeability - 523(a)(4), fraud |
| as fiduciary, embezzlement, larceny)), (68 (Dischargeability - |
| 523(a)(6), willful and malicious injury)), (65 (Dischargeability - |
| other)): Complaint by Safety Vision, LLC against Nicole Castro. |
| Fee Amount $350. Status hearing to be held on 3/10/2020 at 10:00 |
| AM at 219 South Dearborn, Courtroom 615, Chicago, Illinois |
| 60604. (Attachments: # 1 Adversary Cover Sheet) (Janczak, |
| Elizabeth) |
| DAVID M |
| SIEGEL |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| May 1 as Final |
| for 1329 or cure. |
| D ATT requested May 1 as Final for 1329 or cure. |
| Was on P/C, last ER receipt on 10/30/19 |
| Due date 5th |
| Set for 2/28/20: $3148 = 4.2 mo Last $ 10/30/19 $750/mo |
| Default is now $3897 = 5.2 months, last $ 10/30/19. |
| New job starts in April... |
| GERACI LAW |
| LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| OE 6/9/17 AND 3/15/19 deferring a total of $4,419.98 |
| Cont 11/22: $3,850 = 4 mos Nov Pd $1,400 in Oct |
| 11/21/19 - $3600 default; base balance is $5262.98; in month 58 |
| now |
| ***Last payment 11/14/19*** [$250 but plan payment is $975] |
| Rec'd $990 in court |
| 2/11/20 - default [over 5 months] is higher than base balance; |
| base balance is $4072.98; this was continued from 11/22/19 and |
| only paid $990 tendered in court on that date and $200 in January; |
| past 60 months; need substantial money |
| Rec'd $420 in court & will get $2100 from refund - CONT to pay off |
| case |
| GERACI LAW |
| LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| April 17 for 1329 |
| Both debtors were on P/C, Debtor 2 lost/changed jobs |
| Due date 27th |
| Set for 2/28/20: $6589 = 3.5 mos Last $ 1/29/20 $1895/mo |
| GERACI LAW |
| LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Due Date 25th |
| Was on P/C, last ER receipt on 5/14/19 |
| Set for 2/28/20: $3505 = 4.2 mos Last $ 9/16/19 $850/mo |
| GERACI LAW |
| LLC |
| Conf Terms: $850/36/10% Min% Base $30,600; Default thru Feb |
| $2655 (3.2 months), due date 25th; No liquidation, under median; |
| Debtor 2 passed away and Debtor 1 lost his job and was unable to |
| maintain the plan payments; Debtor has now resumed payments; |
| Amended I and J attached; Plan Mod is still feasible, pays 10% in |
| month 57 and meets the Min% Base amount; Order OK |
| GERACI LAW |
| LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| 3rd TMD since filing |
| On P/C, but deductions have lowered since 8/19 |
| ***Due date 14th*** |
| Orig 1/3/20: $1962 = 4 mos Last $ 12/12 $500/mo |
| 1/16/20: $2231 = 4.4 mos Last $ 1/6 from P/C $115.38 |
| Not getting enough from PC - only getting 2 deductions of $115 |
| each most months so only half - what do about default? 1329? |
| CONT for Tax refund to cure |
| 2/26 - $2385 default [4.77 months]; on PC; last receipt 2/19; still |
| not getting enough from PC!! |
| Need PC deductions corrected - taking like paid weekly but we are |
| not receiving weekly PC |
| GERACI LAW |
| LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| W/D if 1329 |
| Granted and |
| With $ |
| OE 12/14/18 Extending Auto Stay: P/C OE 11/30/18 |
| Last employer receipt on 11/15/19 |
| Due date 27th |
| Set for 2/14/20: $3677 = 3.6 mos Last $ 11/15 $1035/mo |
| NEED $$ |
| GERACI LAW |
| LLC |
| 3/23/20 Order |
| Doc 43 is OK w/$ |
| Conf Terms: $1035/54/10%; Min% Base $55,890; Default thru |
| Feb $4,712 (4.6 months), due date 27th; No liquidation, under |
| median; Debtor 1 lost his job but has gained new employment; |
| Amended I and J filed; Plan Mod using the Base amount of |
| $55,890 pays a dividend of 15% in month 60; Amend order to |
| add, The plan base for this case is $55,890.00. |
| Last $ 11/15/19. |
| GERACI LAW |
| LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| 3 Case in 4 years OE 3/29/19 Extending Auto Stay |
| Debtor is on P/C but payments are not consistent |
| ***Due date 18th*** |
| Set for 1/3/20: $2490 = 3.9 mos Last $ 12/13 $650/mo |
| 2/12/20 - $1220.50 [little less than 2 months]; making progress; |
| continue to cure? Will use tax refund to cure. |
| 3/24/20 default $1320 = 2 months |
| GERACI LAW |
| LLC |
| Motion Relief from |
| Stay |
| Motion for Relief from Stay as to 215 Deutsch Rd, Burlington, |
| Illinois 60109 Filed on behalf of Guild Mortgage Company |
| Debtor disburses, plan current. |
| GERACI LAW |
| LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| April 17 for 1329 |
| No Discharge case. Stay extended 8/3/19, P/C OE 8/14/19, last |
| PC$ 12/23/19 |
| Due date 11th |
| Set for 2/14/20: $1534 = 2.7 mos Last $ 12/23/19 $570/mo |
| Now $2763 = 4.7 months, last $ 12/23/19. |
| GILBERT R |
| DIZON |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| ***CASE IS IN MONTH 63*** |
| Due date 18th |
| 60 MONTH, BASE BALANCE OF CASE IS $1,925 |
| GLEASON & |
| GLEASON LLC |
| Motion Relief from |
| Stay |
| S/L as to 2012 Chevrolet Equinox Filed by Cari A Kauffman on |
| behalf of ONEMAIN FINANCIAL GROUP; Direct pay; |
| OE 9/7/18 deferring $2,112 and OE 1/17/20 deferring $3,697; No |
| default due to the deferral thru Jan, due date 18th; |
| ***Last payment 2/27/20*** |
| GLEASON & |
| GLEASON LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| GREGORY J |
| MARTUCCI |
| Motion Relief from |
| Stay |
| S/L as to residence at 776 Parkview Ct, Roselle, Filed by Kinnera |
| Bhoopal on behalf of Bayview Loan Servicing; Direct pay; Arrears |
| owing $1546.96; Current; ***Last payment 3/9/20*** |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| OE 2/1/19 Extending Auto Stay |
| PER CAROLYN MADE AGREEMENT WITH JAY REESE THAT |
| LIVE IN BOYFRIEND WOULD MAKE UP REMAINDER OF |
| DEBTOR'S PAYMENT IN THE AMOUNT OF $1,020 MONTHLY |
| DEBTOR TO PAY $500 MONTHLY |
| Due date 4th |
| Set for 2/28/20: $6120 = 3 mos Last $ 2/5/20 $2030/mo |
| 2/27 - $5620 [2.7 months] - last receipt 2/18 PC $500 |
| CONT for 1329 - not filed. |
| Default $7650 = 3.77 months, last $ 02/18/20 |
| JOSEPH P |
| DOYLE |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| ***CASE IS IN MONTH 56*** |
| OE 11/18/16, 6/9/17, 1/5/18 and 4/12/19 deferring a total of $9,445 |
| and increasing the payment each time |
| Base balance of Case $8,212 (9.3 mos) causing case to run 65 |
| mos |
| Set for 2/28/20 $3290 = 3.7 mos Last $ 11/26/19 $893/mo |
| JOSEPH P |
| DOYLE |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| JOSEPH P |
| DOYLE |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| April 17 for 1329. |
| Due date 13th |
| Set for 2/28/20: $1333 = 4.2 mo Last $ 10/10/20 $319/month |
| Default $1652 = 5.2 months, last $ 10/10/19. |
| KONSTANTINE |
| T SPARAGIS |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| OE 3/1/19 Allowing purchase of an auto @ $625.27/month |
| Due Date 18th |
| Set for 2/28/20: $2250 = 4.5 mo Last $ 10/30/19 $500/mo |
| MICHELOTTI & |
| ASSOCIATES |
| LTD |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Payment due date 20th Terrible pay history, need P/C |
| Set for 1/31/20: $3549 = 3.4 mo Last $ 8/22/19 $1049/mo |
| $41K mortgage arrears, S/L 11/19/19. |
| 1/30 - $4023 [3.8 months]; last money 1/17 [half a payment] |
| 2/26 - $5072 default [almost 5 months]; last receipt 1/17 [$575, |
| which is only 1/2 payment and nothing since last court date!] |
| 2/28 court - serious family issues required D to use money to |
| travel to S.C. - went to 3/27 for Final date for 1329 or significant |
| money! |
| Default $6121 = 5.8 months, last $ 01/17/20 (note mortgage S/L |
| 11/19/19) |
| 3/25 $5000 is "in the mail" per D ATT. |
| NELLA E |
| MARIANI PC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| OE 2/2/18 Extending Stay HAD 2 PRIOR CHAPTER 13'S DISM |
| FOR DEFAULT |
| $53K MORTGAGE ARREARS |
| Payment due date 25th - $885 |
| Set for 1/31/20: $3490 = 4 mo Last $ 10/28/19 $885/mo |
| 2/26 - default $2605 [3 months]; last receipt 2/25/20 |
| 3/10 - $2605 [3 months]; last $ still 2/25/19 NO PROGRESS! |
| 3/12 email from D atty - No defense if D atty doesn't appear |
| Default remains $2605 - not expecting any defense. |
| 03/25/20 D ATT mailing full cure. GBS |
| PRO SE |
| DEBTOR |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| ***CASE IS IN MONTH 53*** |
| OE 1/18/19 deferring $3,700 and increase payment to |
| $2296/month |
| BASE BALANCE $27,512 (12 MONTHS) |
| Due date 31st - payment = $2296 |
| Set for 2/28/20: $8760 = 3.9 mos Last $ 11/26/19 $2296/mo |
| 2/27 - $8760 default [3.8 months]; last receipt = 11/26/19; Debtor |
| called office and says will be at court with $3K or so |
| FYI - we have 1305 IRS claims [not paying post-petition tax debt] |
| which is causing unsecured creditors to get less than 100% [now |
| about 65%] - old plan so base controls |
| Rec'd $5,000 in court |
| PRO SE |
| DEBTOR |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Poor pay history since 7/2018 Due date 11th |
| Good faith payment of $1,000 on 11/13 |
| Orig 12/13/19: $3740 = 4 mos |
| 1/2/20 - $3740 [4 months] |
| 1/28/20 - $4690 [5 months]; last receipt on 11/13/19 |
| Cont to 1/31/20 for 1329 motion [not sure who made this note] - no |
| 1329 filed |
| Email rec'd from pro se debtor - developer looking at buying my |
| house- she says when sold, BK will be paid off but that when she |
| gets down payment, she will tender a large sum and then rest at |
| closing; agreed to go to 2/28 but she has to file a motion to allow |
| the sale |
| 2/26 - default $5640 [6 months]; last $ 11/13; if dismissed, can still |
| sell house; only GUC left to be paid in case; no motion to allow |
| sale filed - seek dismissal! |
| Default $6590 = 6.9 months, last $ 11/13/19. |
| RICHARD S |
| BASS |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Due date 7th |
| Orig 1/17/20: $904 = 3.9 mos Last $ 12/3 $235/mo |
| 2/27 - $1139 default [4.85 months] - last receipt = 12/3/19; D atty |
| has $700. Agreed to continue with tender of $700; D atty will set a |
| motion to modify |
| Without money - seek dismissal! |
| Rec'd $700 in court 02/28/20. Expecting another payment before |
| 03/27/20 but not in time to make the Tuesday list so continued to |
| 05/01/20. |
| RICHARD S |
| BASS |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Seek Dismissal |
| w/o $. |
| Made 1 double payment in October to get plan confirmed. Nothing |
| since then. |
| Due date 2nd |
| Set for 2/14/20: $560 = 4 months Now $700 = 5 months. |
| Last $ 10/29/19 $140/mo Paid 2 of 7. |
| SCHNEIDER & |
| STONE |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| NO $$$ FOR ELEVEN MONTHS. ELEVEN MONTHS!!! |
| Orig mtn 9/6 - $2420 [4 months] |
| 10/1/19 - $2967 5.5 months default thru September, due date 3rd; |
| Mtn to modify & response get by 11/1 |
| 10/30 - 10% balance takes 62 months; $3514 default [over 6 |
| months!]; last receipt in April; no non-exempt proceeds [this |
| settlement is secured by judgment of Linda Wrobel; net |
| non-exempt proceeds were to come to us to pay to her so she got |
| nothing there] |
| Take emails! |
| 12/12 - $4608 [8.4 months] - again, nothing paid since April; D atty |
| proposing 60 day continuance to have brother pay off the case - |
| CONT TO BE PIF |
| 2/26/20 - $5702 default [10.4 months] - again; nothing paid since |
| APRIL 2019; continued long date to have brother pay off the case |
| [$9096.64 is 10% payoff] |
| 2/28 court - debtor and brother appeared - no money yet; brother |
| still going to loan debtor money to pay off the case but brother is |
| commercial broker who has 2 closing set; Judge continued over |
| my objection to 3/27 - final again |
| SCHNEIDER & |
| STONE |
| RESPONSE & |
| MTN TO MOD |
| PLAN |
| Conf Terms: $232-22, $547-18/40/10% Min% Base $14,950; |
| Default thru Nov $4061 (7.5 months), due date 3rd; Debtor chose |
| to propose a nplan that ran for 40 mos in order to pay 10% to |
| GUC; The debtor thought he made his final payment in March |
| 2019 and ceased making payments; Debtor wishes to reduce the |
| base to $15,265, alleging paying 9% to the GUC; |
| Plan Mod with base of $15,265, pays 4.5% dividend; In essense, |
| debtor is requesting a "hardship discharge"; Per public note, |
| lawsuit is about to be settled and wants the case closed before it is |
| settled; Case states "No Early Out" and provides to bases for |
| reducing plan base and dividend; To reach 10% the base would |
| be $24,564 and the payment would increase to $775/month; Per |
| conf plan, debtor to submit his tax refunds each year in addition to |
| the plan base and PI settlement proceeds after debtor's $15,000 |
| exemption to be paid to the Trustee to pay Linda Wrobel against |
| her allowed POC |
| On 11/8 - Judge said must stay 10% |
| 12 months left - $9096 - payment would have to go up to $758 |
| 2/26 - in month 50 and $9096.64 to go [would take 17 more |
| months at regular payment]; Judge required 10%; was continued |
| to payoff the case! |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| ***Case is in month 59 (Feb)*** |
| Due date 17th |
| Set for 2/28/20: $1,710 = 3.,6 mos Last $ 2/11/20 $475/mo |
| Funds posted 02-28-20. |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Orig mtn 9/6 - $1712 default [3 months] OE 8/19/16 and 8/17/18 |
| deferring a total of $5,920; Plan is no longer feasible, it takes 65 |
| months to pay 10% |
| 10/1/19 - Current through August; due for Sept.; continue a long |
| date to make sure keep paying - cont to 12/13/19 |
| 12/12/19 - $1136 default; last receipt in Oct; only made one |
| payment after continuance - where there was a one month default |
| and then no payment in Nov and Dec due on 15th; reason got |
| continued was to make sure she paid monthly because 2 prior |
| deferrals and poor pay history; we are in month 54 and running |
| over 60 months to get to 10% because of deferrals and default |
| 03/25/20 - Last $ 12/18/19. $2272 default, $3620 payoff. $1136 |
| "in the mail" |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Due date 7th |
| Set for 2/28/20: $2100 = 4.6 mos Last $ 12/16/19 $460/mo |
| 04-17-20 for conversion. |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Was on P/C, last ER receipt on 11/25/19 |
| Due date 25th |
| Set for 2/28/20: $2718 = 4 mos Last $ 11/25/19 $677/mo |
| 3/18 - D atty filing 1329 motion - what date? |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| OE 12/14/18 and 9/20/19 deferring total of $3390 |
| Poor pay history since 8/2018 |
| Due date 21st |
| Set for 2/28/20: $1900 = 5 mo Last $ 9/25/19 $380/mo |
| *Note: NSF Check from ER/Debtor on 11/22/19* |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Orig 10/11/19 - $900 (3 mos), due date 12th; |
| Cont 10/25/19 - $900 (3 mos); Last payment 10/1/19 |
| No reduction |
| Wants payoff amount |
| 11/21/19 - $600 (2 mos); |
| Last payment 10/25/19 Payoff $2651 10% |
| Rec'd $300 in court |
| 12/28 - default $300 [1 month]; $300 posted on 12/26 but that |
| would have been Nov payment so still for Dec and Jan due very |
| soon- payoff around $2050 - continue? |
| 2/11 - $600 default [2 months]; last receipt 12/26 |
| 2/26 - $900 default [3 months]; last receipt still 12/26; not making |
| progress [payoff giving in Oct] |
| Rec'd $450 in court |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| OE 1/18/18 deferring $743.....Was on P/C, last ER 10/16/19 |
| Due date 22nd |
| Set for 2/28/20: $954 = 4.8 mos Last $ 10/16/19 $200/mo |
| Last $ in OCTOBER. D ATT has no update. |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| OE 11/3/17 and 5/24/19 deferring total of $3333 |
| Due Date 22nd |
| Set for 2/28/20: $1770 = 5.5 mo Last $ 12/4/19 $325/mo |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Was on P/C, Last ER receipt on 11/4/19 |
| Due Date 7th |
| Set for 2/28/20: $750 = 4.3 mo Last $ 11/4/19 $176/mo |
| Last $ in Early NOVEMBER D ATT has no update. |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| SEMRAD LAW |
| FIRM LLC |
| Conf Terms: $500/36/10%; Default thru March $2250 (4.5 |
| months), due date 5th; Was on P/C, last PC $ 8/20/19; NOTE: |
| OE 8/2/19 allowing purchase of new auto at $451/month due to |
| S/L OE 7/7/19 for their 2013 Equinox; |
| No liquidation, under median; |
| Debtors were unable to keep up with expenses ???; Pretty weak |
| motion. |
| New Job?? Last PC $ 8/20/19; |
| Need amended I and J and PAs; |
| Debtors wish to increase their plan payment; Plan Mod as |
| proposed pays 10% in month 53 and meets the New Min% Base |
| amount; Order OK |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Due date 5th No Discharge case w/10% Plan. |
| ***OE 8/2*** allowing purchase of auto at $450.75/mo |
| Orig 1/17/20: $2,250 = 4.5 mos Last $ 8/20 $500/mo |
| 2/26 - continue to 3/17 due to 1329 motion set for that date |
| 1329 MOTON SET FOR 3/27/20 |
| PLAN MOD IS FEASIBLE, PAYS 10% IN MONTH 53 AND |
| MEETS THE NEW MIN% BASE AMOUNT (CLEARLY DEBTOR |
| LOST JOB B/C WAS ON P/C, SAME MONTH NEW AUTO WAS |
| PURCHASED...IS DEBTOR NOW EMPLOYED? |
| NEED AMENDED I AND J AND PAs...PLAN MOD INCREASES |
| PAYMENT |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| No Defense |
| Offerred |
| Was on P/C, last ER receipt on 12/20/19 Due date 6th |
| Set for 2/28/20: $2855 = 4.4 mo Last $ 12/20/19 $650/mo |
| Default $3504 = 5.4 last $ 12/20/19 |
| Per D ATT, debtor is OK with dismissal. |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Due date 13th Set for 2/28/20: $1000 = 5 mo Last $ 11/15/19 |
| $200/mo |
| Default $1200 = 6 months, last $ 11/15/19 |
| Last payment in November. D ATT has no update. |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Due date 22nd Orig 12/13/19: $890 = 4.2 mos Last $ 9/27 |
| $215/mo |
| 1/16/20: $705 = 3.2 mos Last $ 1/20 but Jan due on 22nd so will |
| be same default Atty sending in $150 |
| 2/26 - $885 [4 month default] - same as when originally filed - not |
| making any progress, if continue, need marked FINAL |
| $400 posted 03/03/20 |
| Default $700 = 3.2 months, scant progress. |
| SEMRAD LAW |
| FIRM LLC |
| EXTENSIVE BK HISTORY 4 CASES SINCE 2010, OTHER |
| PRIORS TO THAT ALSO; OE 7/20/18 EXTENDING STAY; OE |
| 3/15/19 ALLOWING AUTO PURCHASE $351/MO; |
| IT APPEARS DEBTOR LOST JOB, IS DEBTOR STILL |
| EMPLOYED? |
| WAS ON P/C, LAST ER RECEIPT ON 9/25/19; MTN DOES NOT |
| ADDRESS ANY JOB LOSS; NEED AMD I AND J AND PAs, NEW |
| P/C ORDER |
| Plan Mod reaches the Min% Base in month 42 W/30.5% dividend; |
| Order OK |
| Last $ 09/25/19. NEED $$ |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| OE 7/20/18 Extending Stay |
| OE 3/15/19 Allowing auto at $351/mo |
| Payment due date 12th |
| Set for 1/31/20: $1454 = 4.2 mo Last $ 9/25/19 $350/mo |
| Default $2154 = 6.1 months, last $ 09/25/19. |
| 1329 MOTION SET FOR 3/27/20 |
| EXTENSIVE BK HISTORY 4 CASES SINCE 2010, OTHER |
| PRIOR TO THAT ALSO; OE 7/20/18 EXTENDING STAY; OE |
| 3/15/19 ALLOWING AUTO PURCHASE $351/MO; IT APPEARS |
| DEBTOR LOST JOB, IS DEBTOR STILL EMPLOYED; WAS ON |
| P/C, LAST ER RECEIPT ON 9/25/19; MTN DOES NOT |
| ADDRESS ANY JOB LOSS; NEED AMD I AND J AND PAs, NEW |
| P/C ORDER |
| Plan Mod reaches the Min% Base in month 42 W/30.5% dividend |
| Last payment in SEPTEMBER D ATT has no update. |
| SEMRAD LAW |
| FIRM LLC |
| Conf Terms: $190/36/10% Plus Tax Refunds; OE 12/13/19 |
| deferring $564.01; 1 month default thru March, due date 4th; No |
| liquidation, under median; Debtor wishes to modify Section 2.3 of |
| the confirmed plan to retain her tax refunds each year; Plan Mod |
| as proposed is feasible, pays 10% dividend in month 58 and |
| meets the Min% Base amount; Order OK |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss |
| Case for Other |
| Reasons |
| W/D if 1329 |
| Granted |
| TMD for Non-Compliance of the Confirmed Plan for failure to |
| provide her 2018 tax return/refund |
| D atty going to file 1329 to remove requirement |
| set for 3/27 so continue TMD to that date |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Was on P/C, last ER receipt on 3/7/19. Payment due date 26th |
| Set for 1/31/20: $542 - 3.2 mo last $ 11/26/19 $175/mo |
| 2/26 - $492.50 default [2.8 months]; last $ 2/5 - $400 [plan |
| payment is $175 so making a little progress] |
| Atty mailing $300 |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Was on P/C, last ER receipt on 10/8/19 Due date 17th |
| Set for 2/28/20: $2831 = 5 mo Last $ 10/8/19 $575/month |
| Default $3405 = 5.9 months, last $ 10/08/19 |
| Last $ in OCTOBER, D ATT has no update at this time. |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| April 17 for conversion. |
| OE 11/30/18 Extending Auto Stay. Was on P/C, last ER receipt |
| on 2/26/19 |
| OE 9/6/19 deferring $2031, made good faith payment, further |
| payments |
| Due date 8th |
| Set for 2/28/20: $2075 = 5 mo Last $ 9/11/19 $415/mo |
| Default $2490 = 6 months, last $ 09-11-19 was GFP to get default |
| deferred. |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| No Discharge in this case Due date 9th - payment $825 |
| Set for 2/14/20: $2250 = 2.8 mos Last $ 1/28 $825/mo |
| 2/27 - $2250 default [2.7 months];last $ $600 on 2/20/20 and small |
| payments earlier in Feb so rec'd $825 in Feb - no progress but |
| made reg payment |
| Rec'd $1125 in court |
| 03/24/20 Default now $1950 = 2.3 months |
| SEMRAD LAW |
| FIRM LLC |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| Motion Dismiss for |
| Failure to Make |
| Plan Payments |
| OE 7/6/18 deferring $1800 Due date 8th |
| Having trouble making regular monthly payments |
| Set for 2/28/20: $1760 = 4 mo Last $ 1/2/20 $440/mo |
| 2/27 - $980; $340 posted on 2/27 |
| Default $1420 = 3.2 months, last $ 02/27/20. |
| Case # Debtor Name Debtor Attorney Description Disposition Notes |
| BADILLO LAW |
| GROUP |
| Confirmation |
| Hearing |
| Go past bar date. Must be 100% 22C. |
| 3/17 - current; amend G for au pair; continue to 5/1 to be past bar |
| deadline |
| Confirmation |
| Hearing |
| 341 on 03/04/2020 - amend plan [3.2 - remove extra language; |
| can't change the form & not needed] |
| 3/20 - current; need amended plan & objection resolved |
| Objection to confirmation by PNC - doesn't provide for arrears or |
| on-going payments |
| BORGES & WU |
| LLC |
| Confirmation |
| Hearing |
| 3/4/20 - 341 meeting continued to 3/18/20 at 9:00 a.m. |
| 3/20 - on PC; continued confirmation to 5/15 so 341 can be held & |
| time to file any amends |
| BRADLEY S |
| COVEY PC |
| Confirmation |
| Hearing & TMD |
| 341 held on 01/08/2020 - work in progress; attorney will amend |
| plan to meet CMI pot, $92,500, and include corp debts [after plan |
| prepared; corporation ceased operation so those corp debts won't |
| be paid by corp so need to include due to personal guarantees]; all |
| net bonus money in 2.4 but will add language gets to keep first |
| $3K out of his bonus to fix tooth; possible criminal restitution for |
| taking $138K in Wis for a job that was never completed by his |
| partner; amend plan accordingly |
| 1/24 - current; need amended plan for all above; continue past bar |
| deadline |
| 2/19 - current, past bar date; must fund $92,500 to unsecured! |
| What happening with $138K owed for Wis job that was never |
| completed? No POC filed for that. Right now - unsecured total is |
| under debt limit |
| 2/26 - continue to 3/27 but need to get TMD on file - w/ JK for TMD |
| 3/19 - current; need amended plan. Plan is $55K short of |
| satisfying 22C. |
| TMD set for no amd plan |
| 03/24/20 Continue for notice of March 23 Plan, speculative |
| payments in 2.4. |
| How is this feasible? |
| BRADLEY S |
| COVEY PC |
| Confirmation |
| Hearing |
| BRADLEY S |
| COVEY PC |
| Confirmation |
| Hearing |
| January 30 Plan Doc 2 could be recommended with minute order |
| changing creditor name in 3.1 from Ditech to NewRez / Shellpoint |
| but they have not filed a claim yet so April 17 by agreement with |
| Brad. |
| BRADLEY S |
| COVEY PC |
| Confirmation |
| Hearing |
| 03/04/2020 - meeting concluded: amend sch I for rental income |
| from ex-wife for mortgages which are listed as expenses on sch J; |
| resolve IRS tax issues - RF |
| 3/16 - current; over but negative MDI; ex-wife is paying the 2 |
| mortgage but arrears in plan; need 2019 tax return; mort arrears |
| POC $37K; plan is completely unfeasible with IRS & arrears |
| POC's; continue confirmation to 5/1/20 |
| CHAD M |
| HAYWARD |
| Motion |
| Compensation |
| WITH Notice of |
| Motion |
| CITIZENS LAW |
| GROUP |
| Confirmation |
| Hearing and TMD |
| 3/4/20 - 341 meeting not held; missing taxes and pay advices. |
| 3/17 - no $; no 341; no taxes/pay advices or proof of income; |
| Creditor objection not resolved either. |
| CITIZENS LAW |
| GROUP |
| Confirmation |
| Hearing and TMD |
| 3/4/20 - 341 meeting not held; missing taxes and pay advices. |
| 3/20 - no $; no 341 [no taxes or proof of income, FYI - social |
| security and pension income only]; |
| $0.00, no 341, no taxes, no proof of income. |
| DARRELL L |
| JORDAN |
| Confirmation |
| Hearing |
| Recommend plan [doc 20] |
| Objection resolved per email from creditor attorney |
| Confirmation |
| Hearing & TMD |
| 10/16/19 - 341 meeting concluded; Amend Schedule B, I, J, B22C |
| for understated income, Schedule J for college tuition, Plan as |
| needed after changes in Schedule I and J. |
| 11/5 - current; no amends |
| 12/3 - current; no amends; |
| TMD set 12/13 for no amd B, I, J, 122C-1 & plan |
| 1/10 - current; no amends [341 in Oct - delay] |
| 1/14 - D atty says waiting for OK to amend plan |
| If gets continued, ask for final - since OCT |
| 2/13 - 1 month default [Jan payment]; Feb due on 17th; no |
| amends yet - DELAY!! |
| 3/12 - $253 default [one month] BUT marked FINAL for amends |
| 3/19 - amends filed [doc 31 is ok - 100%] but now 2 month default |
| Confirmation |
| Hearing & TMD |
| 341 on 02/05/2020 -under median 12%; need 1st mort arrears |
| POC; amend plan to remove set on arrears; need CMA |
| 2/24 - current; need CMA & amended plan |
| D atty wants a month to get CMA |
| 3/19 - current; no CMA or amended feasible plan yet; plan not |
| feasible with claims filed; gave to JK for TMD No equity based on |
| Zillow value. |
| Objection to Confirmation US Bank - $4278.14 arrears |
| Title Max never belongs in 3.3, they are Not a 910 PMSI creditor. |
| TMD set for no amd plan, unfeasible plan & need CMV of house. |
| Plan does not fund stated GUC % in 60 months. |
| Confirmation |
| Hearing |
| Not |
| Recommending |
| Immediate prior case filed before the 2016 case was dismissed, in |
| D ATT mistaken belief that the 16 case was already dismissed. |
| Amend D for notice to Cook County and Tax Buyer for sold / |
| delinquent taxes on Roosevelt Road R/E in Cicero. |
| Amend Plan to provide for payment of R/E taxes on Roosevelt |
| Road R/E in Cicero. It is listed for sale, has had two offers fail to |
| make it through closing. |
| Amend Plan for interest on unsecured claims. |
| 2/24 - current/PC - no amendments yet; continue past bar |
| deadline but attorney needs to amend D NOW! |
| 3/19 - current but no amends filed but motion to sell Cicero |
| property up today [property taxes will be paid and order says will |
| pay off BK but how do that when not confirmed; have to send us |
| everything] We will have to hold case closing until at least non |
| government bar date. Government bar date is August 26. |
| R/E Sale must close before confirmation. |
| SELL PROPERTY |
| WITH SHORT |
| NOTICE |
| No obj if |
| proceeds are |
| direct to trustee |
| To sell property at 5117 W Roosevelt Rd., Cicero, for $169,950; |
| There are no liens on this property and debtor intends to pay for |
| back real estate taxes at closing; Estimated proceeds to the |
| debtor, $145,036; The bar date for GUC has passed and only |
| POC filed was IRS [Priority $6,809 for unfiled/estimated 2019 |
| taxes and $39,673.47 unsecured for 2014 tax debt] |
| Confirmation on 3/27/20 |
| No payoff given, Gov't Bar date is 6/29/20 |
| Need revised order w/proceeds direct to trustee. We will have to |
| hold case closing until at least non government bar date. |
| Government bar date August 26. |
| Confirmation |
| Hearing |
| Confirmation |
| Hearing and TMD |
| 2/5/20 - 341 meeting continued to 2/19/20 at 9:00 am. |
| 2/19/20 - 341 meeting continued to 3/4/20 at 10:30 a.m. |
| Confirmation continued to 3/27/20 |
| 3/4/20 - 341 meeting not held; debtor no show. |
| No 341 x 3, paid 1 of 2. |
| Confirmation |
| Hearing |
| Confirmation |
| Hearing & TMD |
| See Doc 16 for amended I and J w/positive disposable. |
| P/A provided to us show average net $812 x 4.333 = $3518 so |
| must amend I for correct amounts or show us that their math is |
| correct. |
| Need amended IRS POC showing 2019 filed. |
| $226K Tollway Authority POC (yes $226K). |
| 3/5 -just had 341 on 3/4; no $ yet and need docs/amends so |
| continue confirmation to 3/27 |
| $0.00, no amended I, 2019 not filed. |
| Confirmation |
| Hearing |
| 341 meeting on 3/18/20 - amend I and J [disp = plan payment]; |
| debtor is currently on medical leave from job & receiving $125 per |
| week; amend plan [3.1 mortgage payment amount and 6.1 to |
| assume lease ] |
| 3/18 - no $ yet and 341 just held so continue confirmation to 5/1/20 |
| and review for TMD |
| Confirmation |
| Hearing |
| 3/4/20 - 341 meeting held; Amend Schedule I to remove 401k loan |
| repay, Plan 3.1 to add Malibu/Santander $285/mo, 3.5 to |
| surrender timeshare. |
| 3/16 - current; no amended I or plan yet and need mortgage POC; |
| if don't have everything by 3/20, continue to 5/1/20 |
| Confirmation |
| Hearing |
| 3/4/20 - 341 meeting held; Amend Plan 3.1 to delete set mo pmt to |
| arrears, 5.1 to delete liquidation no. |
| 3/16 - current; $25K in bank account would require interest to |
| unsecured creditors so need amended plan for above and for 8.1 |
| interest to unsecured AND need mortgage POC so continue |
| confirmation to 5/1/20 |
| DAVID FREYDIN |
| LTD |
| Confirmation |
| Hearing & TMD |
| No Defense to |
| Dismissal |
| Offerred by D |
| ATT |
| No defense to dismissal per 03/23/20 email from D ATT. POCs |
| total $2.5 Million. |
| 2/5/20 - 341 meeting not held; missing pay advices / S/E income |
| docs. |
| TMD set for no 341 meeting & pay advices |
| Objection to Confirmation - Volvo |
| 3/18 - 341 still not held, one month default, plan payment is |
| $18,600 month. |
| Claims total $2.5 Million. |
| DAVID J |
| BOERSMA |
| Confirmation |
| Hearing & TMD |
| Not |
| Recommending |
| 122C-2 #23 and 43 are not proper deductions (#30 is OK, cancer |
| survivor, special diet needs), get MDI to $350, $21K to GUC, then |
| OK. Amend plan for CMI pot. File adversary dispute with Harris |
| over 2nd mortgage |
| 9/9/19 - subst current; means test never amended but 4/20/18 |
| plan works [$21K to GUC] if BMO treated as GUC but not sure |
| that will be result |
| 11/1/19 - subst current - same issue as above |
| 2/17/20 - current - need resolution of adversary dispute to confirm; |
| need TMD for delay/not pursuing adversary issue in a timely |
| matter - case is over 2 years old and nobody followed last |
| scheduling order |
| TMD set for resolution of adversary dispute |
| 2 weeks to respond to motion for summary judgment - if not filed, |
| Judge will grant partial summary judgment |
| 3/19 - current; need adversary resolved to confirm; D atty finally |
| filed Motion for Partial Summary Judgement |
| DAVID J |
| BOERSMA |
| AP Motion Extend |
| Time |
| Third Motion to Extend Time File Motion for Partial Summary |
| Judgment, file support brief and file Response to Defendant's |
| Motion for Partial Summary Judgment |
| Final extension granted to 3/13 |
| DAVID J |
| BOERSMA |
| AP Motion |
| Summary |
| Judgment |
| Notice of Motion and Partial Motion For Summary Judgment Filed |
| by Adham Alaily on behalf of BMO HARRIS BANK N.A.. |
| Issue - order of liens - BMO argues limit to subordination per |
| agreement |
| DAVID J |
| BOERSMA |
| Adversary case 18-00148. (21 (Validity, priority or extent of lien or |
| other interest in property)): Complaint against BMO HARRIS |
| BANK N.A |
| Status 11/8/19 |
| Issue - Order of liens |
| DAVID J |
| BOERSMA |
| AP Motion |
| Summary |
| Judgment |
| Notice of Motion and Partial Motion For Summary Judgment Filed |
| by David J. Boersma on behalf of Dragana Filipovic, Goran |
| Filipovic |
| Issue - order of liens - D attorney argues that no new money and |
| default exceeding subordination amount doesn't give BMO a |
| higher position |
| DAVID M |
| SIEGEL |
| Confirmation |
| Hearing & TMD |
| 1/22/20 - 341 meeting continued to 2/5/20 at 10:00 am. - AMD |
| SCH I & J: DEBTOR RECEIVED SUBSTANTIAL RAISE NOW |
| THAT SHE'S FULL-TIME...ABOUT $1,300 PER PAYCHECK |
| NOW...WILL SEND MOST RECENT PAYSTUB; CHILDCARE |
| EXPENSE HAS NOW INCREASED FROM $0 TO $600 PER |
| MONTH FOR CHILDCARE - RF |
| 2/6 - no $; need amended I / J / plan [not feasible at 10% due to |
| claims filed] |
| 2/20 - 2 month default [no $]; no amends yet; gave to JK |
| TMD set for no amd I, J, plan & default |
| 3/19 - one month default; no amends yet. |
| Per D ATT, no funds or amendments coming. |
| DAVID M |
| SIEGEL |
| Confirmation |
| Hearing |
| Confirmation |
| Hearing & TMD |
| 10/9/19 - 341 concluded. No amendments. Converted from Ch 7! |
| Two APs and objections [AmeriCredit obj - issues are no retain lien |
| language and vesting at confirmation could impact sec interest - |
| SB resolved by doc 82 |
| Teri Schroetlin objection - bad faith & speculative bc step up when |
| car is PIF - based on history of debtor - unlikely] - supplement obj - |
| speculative/car ending [last time traded car in at this point] |
| 11/25/19 - current BUT plan is NOT feasible with Schroetlin POC |
| TMD pending for no amd plan & unfeasible plan |
| 12/13 after court - rev'd 12/6 amended POC & 12/11 plan; current; |
| 12/11 plan is feasible but my concern is the step too; most of |
| funding coming in last year when car payment ends & last time |
| traded car in - better to put in plan and have that payment of $620 |
| start now; provide more protection [direct with 7.1 being plan |
| confirmation - concern would be she could trade it in & payoff the |
| car and get another one]; also need current paystub |
| 1/27/20 - current; 12/11 plan works with amended claim #2 - only |
| issues are objection to claim still pending and most of funding of |
| plan in last year [no % in 5.1 - just what's avail in base - about |
| $11K, with current claims around 15%] - |
| 2/20 - 1 month default, same issues as above CONT to talk about |
| trial dates |
| 3/19 - one month default; probably get continue for a trial - our |
| concern - all funding is at the end of the plan & if car was in the |
| plan, that would alleviate some concern |
| Order Scheduling (RE: 92 Objection to Confirmation of the Plan). |
| Response due by 2/14/2020.Reply due by: 2/21/2020 Status |
| hearing to be held on 2/28/2020 |
| Debtor response - $11k to unsecured [T agree], anything |
| recovered by D in adversary will be turned over as additional |
| payment [T agree]; |
| argue step is reliable as anything else - T disagree, car could have |
| been put in plan; majority of funding of plan is in last 12 months of |
| 60 month plan! |
| Objection to Claim |
| with Notice of |
| Hearing |
| Debtor's Objection to Claim(s) 2 of Teri Schroetlin Filed on 9/17/19 |
| in the total amount of $52,181.17 (Secured $2,383.39/Prior |
| $23,907.13); An amended POC was filed on 12/6/19, same |
| amount, wholly unsecured; discovery is pending in 2 adversary |
| proceedings |
| Response due by 2/14 & Reply due by 2/21 |
| Response - Debtor arguing that if adversary won, then will have |
| set off so objects to amount that may be set off due to fraudulent |
| transfer recovery |
| Reply - creditor attorney argues that there in no basis for a setoff |
| as Debtor had no value to transfer |
| Adversary case 19-00860 Complaint by Lisa Henkel against Terri L |
| Schroetlin. |
| Adversary case 19-00620 Complaint by Teri Schroetlin against |
| Lisa Henkel. |
| DENNIS W |
| HOORNSTRA |
| Confirmation |
| Hearing & TMD |
| March 23 Plan is OK with $. PC in effect but amounts are short / |
| based on original plan. |