PRINT USING LANDSCAPE FOR BEST RESULTS |
UPDATED: 4/26/24 11:16 am |
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. You may have to refresh the browser window to display the most recent update. |
JUDGE BAER
Court Call for Friday, May 3, 2024 |
9:15:00AM
Case # Debtor Name Debtor Attorney Description Disposition Notes |
23-07663
Whitney
Linda
Motion Dismiss for |
Failure to Make |
Plan Payments |
Per confirmed plan 8.1 deferring $3270 |
Set for 5/3 $3450 = 3 mo Last $ 11/22/23 $1150/mo |
No $ since deferring default/confirmation |
22-08571
Johnson
David
CHICAGO |
LEGAL |
SOLUTIONS |
LLP |
Motion Dismiss for |
Failure to Make |
Plan Payments |
WITHDRAWN
Set for 5/3 $624 = 3 mo Last $ 3/29/24 $207.81/mo |
19-31177
Thobias
Raju
Motion Dismiss for |
Failure to Make |
Plan Payments |
Seek Dismissal
Set for 5/3 $951 = 3.2 mo Last $ 11/6/23 $295/mo |
Variable balance $1,657.85 at 100% |
Notice of objection filed so will be moved to 9:30 |
4/18 - $950 default [3.2 months]; last $ Nov 23 |
22-11830
Wilson
Andrew
DAVID CUTLER
Motion Dismiss for |
Failure to Make |
Plan Payments |
Set for 5/3 $2551 = 3 mo Last $ 1/26/24 $854/mo |
20-20897
Collins
Rebecca
Motion Dismiss for |
Failure to Make |
Plan Payments |
OE 7/28/23 deferring $3163 |
Set for 5/3 $2400 = 3 mo Last $ 3/1/24 $800/mo |
22-09974
Becker III
Albert
Motion Dismiss for |
Failure to Make |
Plan Payments |
P/C stopped December 2023 |
Set for 5/3 $7895 = 4.1 mo Last $ 12/8/23 $1935/mo |
22-09978
Tracy
Richard
Motion Dismiss for |
Failure to Make |
Plan Payments |
Set for 5/3 $1601 = 2.7 mo Last $ 2/21/24 $600/mo |
23-12868
Wyman
Jacob
Motion Dismiss for |
Failure to Make |
Plan Payments |
P/C stopped December 2023 |
Set for 5/3 $3282 = 4.2 mo Last $ 12/15/23 $790/mo |
19-25823
Dedic
Anthony
MATTHEW C |
BAYSINGER |
LAW OFFICES |
Motion Dismiss for |
Failure to Make |
Plan Payments |
Seek Dismissal
OE 4/2/21 payments are increased to $1035 & case will complete |
when all allowed claims are paid 100% |
Set for 5/3 $2995 = 3 mo Last $ 3/8/24 $1035/mo |
Notice of obj filed so will be moved to 9:30 |
4/18 - $1035 posted on 4/12; no room to defer so must cure |
default; still around $9K to payoff case |
20-11649
Cain
Anthony
SARA J GRAY
Motion Dismiss for |
Failure to Make |
Plan Payments |
8th TMD since confirmation |
Set for 5/3 $700 = 4.7 mo Last $ 2/6/24 $150/mo |
$300 posted on 4/10 so default is $400 but April comes due so 3.7 |
dft |
20-11230
Crocilla
Anthony
Motion Dismiss for |
Failure to Make |
Plan Payments |
3rd TMD since confirmation |
OE 7/9/21 vacating dismissal order, deferring $1608 & plan will |
extend past 60 months per Cares Act |
OE 8/19/22 deferring $4075 & decreasing payment to $700 |
OE 7/28/23 allowing auto purchase for $785/mo |
OE 8/18/23 deferring $1055 & decreasing payment to $375 |
P/C stopped February 2024 |
Set for 5/3 $1183 = 3.2 mo Last $ 2/7/24 $375/mo |
23-09107
Sharkey
Lashawnda
Motion Dismiss for |
Failure to Make |
Plan Payments |
Set for 5/3 $1275 = 3 mo Last $ 1/12/24 $425/mo |
23-09373
Johnson
Leigh
Motion Dismiss for |
Failure to Make |
Plan Payments |
Set for 5/3 $812 = 2.5 mo Last $ 1/17/24 $330/mo |
23-10236
Wells
Shawn
Motion Dismiss for |
Failure to Make |
Plan Payments |
Set for 5/3 $1600 = 4 mo Last $ 1/16/24 $400/mo |
23-02998
Brosnan
Joseph
Motion Dismiss for |
Failure to Make |
Plan Payments |
Set for 5/3 $5695 = 4.1 mo Last $ 11/14/23 $1399/mo |
9:30:00AM
Case # Debtor Name Debtor Attorney Description Disposition Notes |
24-00737
Esparza
Sergio
Motion |
Compensation |
WITH Notice of |
Motion |
No Obj
Application for Compensation for Claudia Farfan Badillo, Debtor's |
Attorney, Fee: $4500.00, Expenses: $0.00. |
22-13351
Laster, III
William
No Position
Residence at 1573 Orth Dr, Wheaton, Illinois 60189 Filed by |
Rushmore Servicing; Direct Pay; Arrears PIF. Order OK |
1.5 month default, due date 17th |
22-11825
Schaefer
Thomas
WITHDRAWN
Motion to Reinstate Stay as it pertains to 834 Santa Maria Dr., |
Naperville, IL 60540. |
Notice of WD filed by D atty on 4/24 [docket #56] |
23-03470
Guerrero
Maria
No Position
Residence at 479 James Ct Unit C, Glendale Heights, IL 60139 |
Filed by Lakeview Loan Servicing, LLC; Direct pay; Arrears owing |
$18,830.19. Order OK |
Payments current, Due date 14th |
19-32645
Davis
Latrese
DAVID CUTLER
Motion Obtain |
Credit/Incur Debt |
Object
To purchase R/E at 647 Berkley Dr. Romeoville IL 60446 for |
$388,000 at 8.125% for 30 years. Total monthly payment |
$3,364.22. Purchase price $385,000. Contract, Sch I and J |
attached. |
Down payment & all closing costs will be paid by the Debtor |
through a merit bonus from work. |
Merit bonus should come to us and payment should have |
increased if more income; plan running 70 months due to COVID |
modification when had more $$ ; email sent to Lincoln - how |
much was the merit? |
Certainly need any net bonus income going forward as add'l |
payment due in the plan |
Now nets 5878 from job [plus $500 support] prior only net $3522 |
[plus $500 support] so had over 2K more net and didn't pay more |
to creditors |
23-08754
Hatch
Robert
DAVID CUTLER
No Position
2015 Crestliner Super Hawk & 2015 Shoreline Trailer Filed by First |
Investors Financial Services; Direct pay; No arrears. Order OK |
Payments current, due date 3rd |
23-16939
Leech
Darren
DAVID CUTLER
MLS/MLCODS
No Position
Residence at 19N232 Green Meadows Ln, Hampshire, Illinois |
60140 Filed by M&T Bank; Direct Pay; Arrears owing $50,534.98; |
Principal due $4,700.92. Can't see order |
Payments current, due date 18th |
21-05420
Rutkowski
Wayne
No Position
Residence at 1150 E. Jackson St, Lombard IL filed by Wells Fargo |
Bank, N.A.. Stay and dismissal relief sought. Direct. Arrears PIF |
About one month default; due on 26th; order OK |
21-06856
Shearrill
Sin Ki
Motion Modify Plan
No Obj
Debtor was recently ordered to pay child support for |
$1,222.73/mo. Sch I and J attached. |
Debtor wishes payment is reduced to $420 beginning April 2024. |
Still gets to liquidation pool in 60 & on PC so no obj |
21-11241
Sheppard
Michael
Motion Modify Plan
No Obj
On 12/07/2021, PNC Bank N.A. filed a POC for $9,485.36 in |
student loan debt. Plan is not feasible if the POC is paid thru the |
plan. |
Debtor wishes Section 5.2 is modified to state that the claim of |
PNC Bank N.A. is long-term debt that the Debtor shall pay outside |
of the plan. The Trustee shall make no further payments on this |
claim. |
Feasible in less than 60 with this change & on PC so no obj |
21-11794
Donovan Jr
Richard
Motion Modify Plan
No Obj
Expected the car to be paid off sooner but now won't be paid off |
until December 2024. Payoff letter attached. |
Debtors wish payment is reduced to $1140 beginning May 2024, |
then increasing to $1345 beginning January 2025, arrears are |
deferred to the end of the plan and the plan term is extended as |
necessary to pay the confirmed dividend to unsecured claims. |
There is no change to the plan base. |
Works in less than 60 a subst current so no obj |
22-03102
Fullilove
Shontel
Motion Obtain |
Credit/Incur Debt |
No Obj
To purchase a 2019 Jeep Renegade financed for $20,915.59 at |
23.95% for $550/mo for 72 months. Contract, Sch I and J |
attached. $1000 cash down payment. |
The car that she has been borrowing is no longer available for her |
to drive. |
On PC and 36 month base giving 78% so OK |
22-11332
Clark
Tawanda
No Position
Residence at 1620 Bay Ct, Naperville, Illinois 60565 Filed by U.S. |
Bank National Association; Direct Pay; No Arrears. Order OK |
Payments current, due date 30th, on P/C |
22-12041
Weatherspoon
Castella
No Position
2022 Hyundai Santa Fe Filed by Hyundai Motor Finance |
Company; Direct pay; No arrears. Order OK |
Payments current, due date 17th, on P/C |
23-01228
Beltran
Monica
MLS/MLCODS
No Position
Residence at 576 SPRUCE AVE, Bensenville, Illinois 60106 Filed |
by U.S. Bank National Association; Direct Pay; Arrears Owing |
$607.16. |
Payments current, due date 1st, on P/C; order OK |
23-01958
Sherk
Edgar
Motion Dismiss for |
Failure to Make |
Plan Payments |
Set for 5/3 $1005 = 3 mo Last $ 2/5/24 $335/mo |
23-01958
Sherk
Edgar
Motion Modify Plan
Object
He was hospitalized and unable to schedule payments. He is no |
longer in the hospital & resumed payments. |
Debtor wishes arrears are deferred to the end of the plan. |
Object - Need GFP Order is OK |
23-06219
Peknik-Karadimos
Leslie
No Position
Missing new notice language |
Amended Motion #24 Motion for Relief from Stay for Residence at |
7932 Windsor Court, Darien, IL 60561 filed by CARRINGTON |
MORTGAGE SERVICES, LLC; Direct pay; Arrears owing |
$14,577.87. |
3.5 month default, due date 9th; order OK |
23-10953
Ocasio Torres
Omar
No Position
Missing new notice language |
Residence at 1104 Championship Dr Elgin IL 60124 Filed by |
Bowes Creek Master Association; Direct pay; Arrears $670 not in |
plan. |
Payments current, due date 20th; Order OK |
Creditor filed late secured POC on 4/16 for $670 arrears so need |
mtn to allow claim as timely filed and have T pay if that is the plan |
- adding it won't impact feasibility of the plan |
23-15691
Johnson
Brandy
Motion Modify Plan
Object
Debtor has received an inheritance from her father that is |
sufficient to pay off her case in full with a 100% dividend to |
unsecured claims. |
Debtor wishes Section 5.2 is modified to increase the dividend to |
unsecured claims to $100%?????? |
NEED revised proposed order S/b Section 5.1 & must remove $ |
sign and add the case will be paid off at 100% by [give a date]. |
24-05010
Crosley-Corcoran
Regina
Motion Vacate
No Obj
Motion to Vacate (#11 Order to Employer to Pay the Trustee) |
Prefers her P/C comes out of her other job at American Academy |
Of Pediatrics NOT MCPHS. |
New P/C order filed 4/22/24. |
18-25081
Atkinson
Orrin
Motion Reopen |
Chapter 13 Case |
No Obj
Missing new notice language |
To Reopen Chapter 13 Case to file Personal Financial |
Management Certificates & DSO Certificates. |
Both Certificates for both Debtors are attached to the Motion but |
NOT filed on Pacer. - FYI email sent to D atty on 4/25 |
23-07502
Marks
Kevin
MLS/MTD
No Position
Residence at 7725 Butternut Ct, Woodridge, IL 60517-2721 Filed |
by PNC Bank, National Association; Direct Pay; Arrears owing |
$5,661.18; Principal due $1,402.08. Order OK |
Payments current, due date 8th |
20-12053
Carroll
Sean
JAY M REESE
No Position
2017 Chevrolet Malibu Filed by AMERICREDIT FINANCIAL |
SERVICES, INC/GM Financial; Direct Pay; Arrears PIF. To retain |
insur proceeds |
Payments current, due date 6th; order OK |
23-01347
Coates
Jamie
Motion Use Sell or |
Lease Property |
363(b) |
No Obj
With Shorten Notice - To Sell residence at 1680 Fallbrook Drive, |
Hampshire, IL 60140-9054 for $390,000. Contract attached. |
The Debtor shall forward a copy of the RESPA or Closing |
Disclosure Settlement Statement to the Trustee in this case within |
7 days after the closing. At the closing proceeds of the transaction |
shall be used to pay off all existing mortgages and other liens |
against the Debtor’s real estate plus usual and customary closing |
costs and fees of the Debtor. $56,017.40 of the balance remaining |
after payment of the amounts listed above shall be forwarded to |
the Trustee Glenn B Stearns, who must allocate that balance |
between creditors and the Debtor in the manner described in the |
Debtor’s confirmed Chapter 13 plan or modification thereof. Any |
remaining funds will be tendered to the Debtor. |
24-05425
Darling
Will
Motion Extend |
Automatic Stay |
No Obj
Chapter 13 BK 23-16208 filed 12/3/23, Dismissed 3/29/24 for no |
amended plan, need IRS POC filed & default |
In prior case, Debtors' son was hospitalized for ongoing anxiety |
issues & D2 had to stay home from work while he was |
recuperating. Now their son is back to school full time & don't |
anticipate any employment disruptions. |
Affidavit, Prior/Current Sch I and J attached. |
22-10687
Perea
Mario
MATTHEW C |
BAYSINGER |
LAW OFFICES |
MLS/MLCODS
No Position
2020 Jeep Cherokee Utility 4D Latitude Plus Filed by Ally Bank; |
Cosigner pays direct per 8.1 of the plan. Order OK |
3.4 month default ($17,492), due date 19th |
24-00022
Wawronowicz
Vivian
No Position
Missing new notice language |
Residence at 4040 Blackstone Drive, Aurora, IL 60504 Filed by |
THE BANK OF NEW YORK MELLON; Direct Pay; Scheduled |
arrears $7,680. |
1.5 month default, due date 1st |
Confirmation continued to 5/17/24 |
24-00634
Crutchfield
Cynthia
No Position
2021 Mercedes-Benz E350 Filed by Mercedes-Benz; Lease |
assumed; Direct pay. No arrears. |
Confirmation continued to 5/17/24 |
24-04850
Jafri
Firdaus
Motion Dismiss for |
Failure to File |
Required |
Documents under |
Section 521 |
Notice of Motion and Motion to Dismiss Debtor for Failure to File a |
Plan, 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 5/3/2024 at 9:30 AM at Appear In |
Courtroom 615, 219 S. Dearborn St, Chicago, IL 60604 or Using |
Zoom- Judge Baer. (Attachments: # 1 Proposed Order) (Stearns, |
Glenn) |
24-04850
Jafri
Firdaus
Motion Dismiss |
Case for Other |
Reasons |
Notice of Motion and Motion to Dismiss Debtor for Failure to File a |
Plan, 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 5/3/2024 at 9:30 AM at Appear In |
Courtroom 615, 219 S. Dearborn St, Chicago, IL 60604 or Using |
Zoom- Judge Baer. (Attachments: # 1 Proposed Order) (Stearns, |
Glenn) |
23-17505
Kopko
Sam
Motion |
Compensation |
WITH Notice of |
Motion |
No Obj
Application for Compensation for Robert Skowronski, Debtor's |
Attorney, Fee: $4,500.00, Expenses: $338.00. |
23-13797
Luke
Ciara
Motion Modify Plan
See Notes
Trustee Motion to Modify Plan |
The trustee is informed that the debtor has an undisclosed |
pre-petition personal injury case, 2022 LA 415, Ciara Luke v. |
Timothy Binetti et al, DUPAGE COUNTY. |
Trustee seeks Section 2.4 of the plan is modified to require the |
debtor to remit the net, non-exempt proceeds of her PI case: |
Ciara Luke v. Timothy Binetti et al, to the trustee as an additional |
payment for the benefit of general unsecured creditors. |
24-04845
Ortiz
Sindy
Motion Extend |
Automatic Stay |
Object
Missing new notice language |
Chapter 13 BK 21-03656 filed 3/22/21, Dismissed 3/8/24 for |
default |
In prior case, had unanticipated expenses that included a car |
accident and a prolonged medical emergency for one of the |
Debtor's children. Now expenses have settled. |
Affidavit (not notarized) attached. |
Current Sch I and J attached. |
No Prior Sch I and J attached. |
Notice of objection filed 4/25/24 |
9:45:00AM
Case # Debtor Name Debtor Attorney Description Disposition Notes |
20-01744
Dilla-Vaughan
Rachel
MLS/MLCODS
No Position
Residence at 1257 SOUTH LLOYD AVENUE, LOMBARD, IL |
60148 Filed by U.S. Bank National Association; Direct Pay; Arrears |
owing $6,394.49; Principal due $1417.06. Order OK |
3 month default, due date 20th |
19-12162
Wallace
Cassandra
Motion Dismiss for |
Failure to Make |
Plan Payments |
Seek Dismissal
\3rd TMD since confirmation |
OE 3/13/20 deferring $4385 thru February 2020, payments |
increase to $1410.55 beginning July 2020 & base is $64,842.66 |
OE 9/18/20 deferring $3746 & payments reduce to $1278 |
beginning September 2020 |
Set for 2/23 $4473 = 3.5 mo Last $ 12/8/23 $1278/mo |
Variable balance $4,923.76 at 100% |
3/27 - No money posted since Dec 23; case balance entirely in |
default - $4,923.76; D attempted to pay $279 in early Feb but |
payment failed so TFS is suspended; atty reached out about cont |
for amended plan- would be mtn to mod but doesn't work bc in |
month 58 - case needs to be paid off but issue is that no $ since |
Dec and attempt to make a small payment in Feb failed - without |
funds in atty poss -seek dismissal |
3/2 court - atty appears and says D made payment yesterday but |
doesn't know amount and is hoping to borrow $ or get big refund |
to payoff the case |
4/25 - Last $ still Dec 23; at last court date on3/29, atty appeared |
and state that the D had made a payment the day before and |
hoped to be able to payoff the case; without any $ since last year, |
this case needs to be dismissed; entire case balance [roughly |
$5K] is in default |
FYI - TFS account is suspended |
22-07660
Fisher
Mark
Motion Dismiss for |
Failure to Make |
Plan Payments |
Due date 10th 9:15 TMD moved to 9:30 am due to SL |
Set for 3/29 $6200 = 4 mo Last $ 1/19/24 $1550/mo |
$1550 posted on 3/18/24 - go to 5/3 for possible 1329 |
22-07660
Fisher
Mark
Motion Modify Plan
Object
Debtor was off work for surgery and recovery and has been |
struggling to catch up. |
Debtor wishes default is deferred & payments increase to $1675. |
Order works; D has $1550, not $1675, set to start 4/26 so won't |
post in time and wrong amount |
Object -NEED GFP in the amount of $1675 |
22-13076
Ricke
Gary
Motion Dismiss for |
Failure to Make |
Plan Payments |
Set for 12/22 $12,535 = 4.1 mo Last $ 11/14/23 $3075/mo |
1/23 - $12,535 default [4 months]; prob go to 3/8 to be current thru |
Feb bc $3075 posted today and debtor expecting some money |
due to them to be paid soon |
3/24 - Another $3075 posted but still 4 month default [$12,535] so |
default has NOT reduced at all since TMD set and March plan |
payment due on 3/10 |
22-13076
Ricke
Gary
Residence at 330 North Ave, Batavia, Illinois, 60510 Filed by |
BANK OF AMERICA, N.A; Direct Pay; Arrears owing $45,805.71; |
Principal due $14,515.90. Order OK |
5.1 month default with April payment, due date 10th - TMD was |
continued to 5/3/24 |
23-15339
Hencin
Jennifer
Residence at 1190 Manito Trail, Algonquin, Illinois 60102 Filed by |
Northern Fox Habitat for Humanity; Direct Pay; Arrears owing |
$20,788.82. Order OK |
1 month default, due date 14th |
22-08132
O'Reilly
Brian
Motion Dismiss for |
Failure to Make |
Plan Payments |
Seek Dismissal
3rd TMD since confirmation |
OE 11/17/23 deferring $4550 & increasing payment to $1200 |
Set for 3/29 $3600 = 3 mo Last $ 12/20/23 $1200/mo |
4/12 for some money to post -at least 2 payments |
4/11 -$3600 default [3 months]; only one payment posted and |
$1200 pending in TFS but another plan payment due with any |
continuance; case is only 20 months old and large deferral in Nov |
23 and now another large default |
4/12 ct - TFS pending plus D will make another payment in April |
[and2 more in May] but then D atty talked about PC and Judge |
said 2 payments by 5/3 plus PC would be good |
4/25 - Only $1200 pending posted, not 2 payments and no PC; |
default is $3600 [3 months] |
23-09009
Goodvin
Phillip
DAVID CUTLER
DOTF
Residence at 868 Dover Street, Pingree Grove, IL 60140 Filed by |
U.S. Bank National Association; Direct Pay; Arrears owing |
$40,736.53; Principal due $9,052.56. Order OK |
2.5 month default, due date 10th, on P/C |
DOTF - may end up being agreed order |
23-09717
Taylor
Alicia
DAVID CUTLER
MLS/MLCODS
Residence at 580 Chesterfield Ln, South Elgin, Illinois 60177 Filed |
by U.S. Bank Trust National Association; Direct Pay; Arrears owing |
$70,464.09; Principal due $14,454.16. |
4.3 month default, due date 25th |
23-09717
Taylor
Alicia
DAVID CUTLER
Motion Dismiss for |
Failure to Make |
Plan Payments |
Set for 3/8 $8775 = 2.8 mo Last $ 11/27/23 $3139/mo |
4/5 - $13,452 [4.3 months]; case is only 8 months old and large |
default; default is $4K MORE than TPI; payment to start on 4/12 |
but April comes due so too little too late; reluctantly agreed to 5/3 - |
going to pull $ from H's 401K to cure default; her parents died so |
she got behind - any inheritance? |
23-15459
Bargewell
Richard
DAVID CUTLER
Motion Obtain |
Credit/Incur Debt |
To purchase a 2020 Jeep Grand Wrangler financed for $36,574.05 |
at 22.99% for $931.18/mo. Contract attached. Sch I and J filed |
3/28/24. |
His lease is ending on the 2021 Jeep Grand Cherokee. |
Current and 100% - no obj but will require PC if default on plan |
FYI - we have NOT paid the lease arrears [$1,152.40] |
22-09465
Rodriguez IV
Luis
DAVID P |
LEIBOWITZ |
LAW OFFICES |
MLS/MLCODS
Residence at 1727 W. Woodland Avenue, Addison, IL 60101 Filed |
by US Bank Trust National Association; Direct Pay; Amended POC |
filed $0 arrears. Order OK |
One month default, due date 20th |
Notice of obj filed morning of court - Feb loan statement no |
default; March loan statement - One month default bc told didn't |
need to make a payment. Issue a statement March -allege no |
mortgage payments since case filed - this case has a loan |
modification |
22-01713
Brito-Teran
Rickey
Motion Dismiss for |
Failure to Make |
Plan Payments |
Seek Dismissal
3rd TMD since confirmation |
OE 6/30/23 deferring $2578 |
OE 12/8/23 deferring $1984 |
P/C stopped November 2023 |
Set for 3/29 $1500 = 3 mo Last $ 11/21/23 $500/mo |
No $ since deferring default in December 2023 |
4/25 - $2500 default [5 months]; last $ Nov 23 |
Now 4/10 PC OE but too late; this was for full cure and not OK |
with another deferral |
22-04752
Huber
Terah
Motion Dismiss for |
Failure to Make |
Plan Payments |
WITHDRAWN
Current thru March and April just due [26th] so WD
22-05410
Kramer
Lynn
Motion Dismiss for |
Failure to Make |
Plan Payments |
OE 3/17/23 deferring $2538 Due date 10th |
Set for 2/23 $4633 = 3.6 mo Last $ 11/7/23 $1280/mo |
3/21 - $7193 default [5.6 months]; no $ since 11/23 |
atty says she just got back to work ; making half of a payment |
today; go to 5/3 for 1329; $640 scheduled to start on 3/22 in TFS |
Need confirmation from Alex that this is staying 100%- will work in |
60 to just defer default |
22-05410
Kramer
Lynn
Motion Modify Plan
No Obj
She lost her job. Now she has returned to work. Sch I and J |
attached. |
Debtor wishes payment is increased to $1330 beginning May 2024 |
& arrears are deferred to the end of the plan. |
Order works & rec'd $660 on 3/26 and $660 pending in TFS |
[started 4/24] and $660 scheduled for 5/8 so GFP is OK |
22-12101
Rose
Brian
MLS/MLCODS
Residence at 18 N 995 Barko Pkwy, Huntley, Illinois 60142 Filed |
by U.S. Bank Trust National Association; Direct Pay; Arrears owing |
$57,266.46. Order OK |
Half a payment behind; Due date 18th, on P/C |
23-01626
Purdy
Eric
Motion Dismiss for |
Failure to Make |
Plan Payments |
Set for 3/8 $2450 = 4 mo Last $ 10/20/23 $620/mo |
4/3 - atty says D is waiting to receive some retro pay to cure |
default |
23-04522
Castrejon Jr
Joaquin
Motion Dismiss for |
Failure to Make |
Plan Payments |
Set for 4/12 $2770 = 2.8 mo Last $ 3/5/24 $1000/mo |
23-10273
Peralta-Vintimila
Arlene
Residence at 1234 Liberty St., Aurora, IL 60505 Filed by Selene |
Finance/MCLP ASSET COMPANY, INC; Direct Pay; Arrears owing |
$27,848.22. Orders OK |
3 month default, due date 3rd |
23-12016
Zimmerman
Michael
Motion Modify Plan
D2 lost her job. Sch I attached. |
Debtors wish arrears are deferred to the end of the plan. |
TMD for default continued to 5/17/24 |
23-13020
Larry, Jr.
Anthony
Motion Dismiss for |
Failure to Make |
Plan Payments |
Set for 4/12 $3757 = 3.5 mo Last $ 1/11/24 $1085/mo |
23-13020
Larry, Jr.
Anthony
Motion Modify Plan
He lost his job. He has started a new job. Sch I and J attached. |
Debtor wishes payment is reduced to $1085 beginning May 2024, |
dividend to unsecured claims is reduced to 20%, default is waived |
& the Trustee's accumulated default to VW Credit is reset such |
that the next payment to VW Credit is $850 per month without |
arrears. |
20-19506
Konopka
Christine
Motion Dismiss |
Case for Other |
Reasons |
See Notes
For Unfeasibility: Won't receive 100% plus 2% interest in 60 |
months, ~70 months. |
FYI - email sent to D atty on 530 explaining that unfeasible bc |
interest to tax buyer was subst understated in plan -needs to be |
$3015 starting in June with default deferred to be feasible |
- notice of objection filed so will be moved to 9:30 |
talking about her taking a loan to resolve - costs/extra interest |
need permission to incur debt; D much better off to just file a 1329 |
to increase the payment |
Court gave 7/14 to discuss options |
7/13 - Nothing done to resolve and 1.6 month default |
TFS has $750 pending [payment is $2240 ] and then $2665 on 8/1 |
Mtn to obtain credit set for 7/28 to obtain reverse mortgage so |
8/18 for 1329 [will have funds to make plan feasible without |
mortgage] |
Need 1329 filed to increase plan payment to be feasible |
9/22 -Still no 1329 motion to increase payment for feasible plan; if |
not dismissed, ask court to set final date for 1329 to be heard; |
TMD pending since June |
Now motion to approve listing agreement set for 10/6 - says was |
not able to obtain a reverse mortgage; listing at $712K |
10/4 - Now going to sell property but TMD for unfeas pending |
since June- needs to be clear that property will be sold right away |
and that BK will be PIF [about $75K with proceeds and now 2 |
month default |
10/6 cont for long date to see if case paid off from proceeds |
2/9/2024 @ 9:45 |
2/5 -$4746 default [2.1 months] and plan is still very unfeasible |
rec'd proof that property listed on reg MLS for sale 7 days ago |
[prior it was listed as private sale since Oct] - needs to be sold in |
next 6 month - want that clear on record - must be sold by Aug |
10th or case is dismissed - case is completely unfeas without sale |
and already in month 40 and TMD for unfeas has been pending |
since June 2023 & 2month default in payments; go to 5/3 for |
status on sale/contracts with agreement that property must be sold |
by 8/10/24 |
2/9 court - D atty and Judge agreed to condition that property must |
be sold by 8/10/24 - status to 5/3 - |
4/5 - Property reduced by $40K on 4/3 per zillow - now $650K sale |
price - prob just continue again to 6/21 |
18-25299
Kuharchuk
Robert
Motion Dismiss for |
Failure to Make |
Plan Payments |
WITHDRAWN
Paid in full so Withdraw
21-10959
McCarthy
Thomas
Motion Dismiss for |
Failure to Make |
Plan Payments |
Seek Dismissal
Set for 3/29 $5450 = 2.5 mo Last $ 1/25/24 $2150/mo |
4/25 - $9750 default [4.5 months; no $ since Jan so default is |
months hire than when TMD was filed; no room to defer 100% with |
int case due to equity |
22-04414
Theis
Nathaniel
JOHN J LYNCH
Motion Dismiss for |
Failure to Make |
Plan Payments |
Seek Dismissal
Set for 3/29 $750 = 3 mo Last $ 3/15/24 $250/mo |
4/25 - $750 default; 3 months; only posted one payment of $250 |
which is just reg payment so default didn't reduce at all |
22-03917
Johnson
Chad
Motion Dismiss for |
Failure to Make |
Plan Payments |
Seek Dismissal
Set for 12/22 $5090 = 3.6 mo Last $ 11/28/23 $1424/mo Due |
date 5th |
1/26 for cure or at least extra payments to reduce default |
1/18 - $5054 default [3.6 months; $1475 TFS payment scheduled |
to start on 1/19; agreed to continue to 2/23/24 to be substantially |
current |
Feb 19 default is now $5003 = 3.5 months No progress. |
3/22 - $1535 default [1.2 months]; 3 payments did post since last |
court date - email to atty 5/3 to be current thru April |
4/25 - $1900 [1.3 month default thru April] - nothing pending in |
TFS |
23-10250
Brown-Martin
Samantha
Motion Dismiss for |
Failure to Make |
Plan Payments |
Set for 3/8 $1897 = 4 mo Last $ 11/6/23 $476/mo |
No $ since confirmation - Default is almost 3 times the total paid in |
to date |
Notice of objection filed so will be at 9:30 |
7 payments due to date and D has only made 2 of them and car |
being paid thru the plan - prin due owed on car is $973.92 and |
interest due is $318 |
3/29 given by Judge as Final to be subst current |
3/27 - One month default with another payment due right after |
court date and D is supposed to be on payroll [mtn to extend |
required and OE but OE in 8/23 and PC never rec'd] - email sent |
to atty? explain why no PC and if no longer at that job, amend I |
and provide proof of current income and new PC order on docket |
3/28 court - 5/3 to be current thru April and have PC rder on |
docket new job - should be new I and J filed |
18-14509
Gengo
Mary
KAPLAN |
BANKRUPTCY |
FIRM LLC |
Complaint
No Position
Adversary case 23-00325. (63 (Dischargeability - 523(a)(8), |
student loan)): Complaint by Mary Jean Gengo against U.S. |
Department of Education. |
Attempting to get discharged as hardship - can't afford |
Required docs being sent to Dept of Justice for review. |
20-13455
Rubio
Jose
Motion Dismiss |
Case for Other |
Reasons |
Seek Dismissal
For Non Compliance: Failure to provide 2022 tax returns and |
refunds |
Rec'd 2022 Federal taxes - total fed refund $1405 and total state |
refund $304 so D's portion that must be paid is $854.50 - not |
received as of 10/31/23 |
Also income went way up - need amended I and 1329 motion |
2022 return $107K G [last schedule I only $69KG] - about $40K |
more in income |
12/8 for refund to be tendered, for amended I and prob J but 1329 |
to increase payment |
12/5 - No refund rec'd and no amends filed |
atty filed 1329 for 1/12 to defer default and increase payment to |
include tax refund |
See 1329 issues - agreed to cont both motions to 2/9 for atty to |
get income docs to us |
2/5 - Nothing provided - agreed to 3/8 on both motions |
3/8 court - went to 4/12 for us to try to figure this out bc debtor |
wants to payoff case but need future refunds |
4/10 - Still nothing provided; Base balance $12,984.41 includes |
20,21 and 22 refunds but not 23 and 24 - need 2023 tax |
return/refund; atty never contacted me to resolve this & no docs |
prov |
4/25 - $878 default [2.3 months]; rec'd 23 return so fed refund |
$676 & $139 state so need those funds too |
20-13455
Rubio
Jose
Motion Modify Plan
Object
The Debtor had increased financial difficulty due to his father |
having medical issues resulting in his leg amputated. The Debtor |
has been helping his father financially as he recovers. His net |
income has increased. |
Debtor wishes the $854.50 tax refund deferred is added to the |
plan base & payments are $832.29 beginning February. |
Base in system includes refunds but issues/objections: |
1. Need revised order that adds - The current default is deferred. |
2. Need GFP to post. OK PC posted on 12/28 & 1/30 & now 2/21 |
3. Need proof of all sources of income for household and |
confirmation that debtor will turnover 23 tax returns/refund timely. |
atty gave stubs but says amended I doesn't have NFS income and |
D income went way up since filing and amended J as almost $400 |
month called misc that must be detailed and documented |
Notice of objection filed 12/27/23 |
2/5 - GFP OK but still need #1 and #3 resolved |
NFS G $1679 $1373 - Income not disclosed on amended I filed |
in Dec 23 only disclosing his income and taking all household exp |
against it AND budget has $383 in misc expenses |
Notice of objection pending since Dec to this motion to modify for |
over 60 days and no resolution |
3/7 - Still no revised order on docket & more importantly no proof |
of income for household and no receipt of 23 return/refund or |
confirmation that it will be turned over - plus debtor never made |
the higher plan payment proposed in this motion |
Now payment would have to $866 per month to complete in 60 but |
need 2023 tax return/refund; this has been pending since DEC |
412 ct - Derrick appeared - says refi fell thru so now need to work |
out modification; court gave 5/3 FINAL |
4/25 - Still never received household income documents and |
amended budget filed that had all household income and reas |
expenses |
22-04015
Cazares
Raul
Motion Dismiss for |
Failure to Make |
Plan Payments |
Seek Dismissal
Set for 3/29 $4778 = 3.7 mo Last $ 1/25/24 $1285/mo |
Notice of objection filed so moved to 9:30 am |
5/3 for 1329 motion - making $500 payment today |
4/25 - No 1329 set and no $500 payment recd; PC coming in |
covers reg payment amount - If increase starts in June - payment |
must be $1600 to complete in 60 |
FYI - 100% with int to unsec |
20-18222
Hudson
Sausha
Motion Dismiss for |
Failure to Make |
Plan Payments |
Seek Dismissal
5th TMD since confirmation |
OE 9/30/22 vacating dismissal order |
Set for 1/26 $1187 = 4.3 mo Last $ 10/25/23 $278/mo |
Moved to 9:30 - D filed letter/notice of objection - says can be |
current in 2 months - says made a payment of $200 but nothing |
pending in TFS as of noon on 1/24 - no room to defer so must |
cure default |
suggest let's go to 2/23 for at least half of default. |
Still no $ since October 25. Expect $800 to post Feb 23 via TFS. |
3/7 - $800 posted so now $943 default thru March so need |
another big payment; nothing else scheduled/pending in TFS |
FYI paid in about $10K total and still a bit over $6K to complete |
case |
3/8 court - 4/2 for at least another $600 |
4/5 - $1221 default [4.4 months]; nothing rec'd since the last court |
date; Debtor does have $460 scheduled to start tomorrow |
4/12 ct D said TFS pending plus will make another payment next |
week |
4/25 - $921 default [3.3 months] but May payment due right after |
court date; did post $300 on 4/17 but said at last court - $460 was |
set to start on 4/12 and the would make another payment |
- 4/12 $460 payment failed |
FYI - base balance is $6093 |
21-12969
Moreno
Jennifer
Motion Dismiss for |
Failure to Make |
Plan Payments |
Seek Dismissal
Due date 12th P/C stopped July 2023 |
Set for 11/17 $7468 = 4.1 mo Last $ 9/21/23 $1800/mo |
12/5 - $9268 default [5.1 months]; last money Sept |
12/8 court - debtors appeared, very upset - I never spoke, Judge |
gave 1/12 |
1/10 - $11,068 default [6.2 months]; last money September |
Car is being paid by the T and has not paid since OCT |
Partial payment Jan 22 is first $$ since September. |
Seek dismissal if 1329 is not resolved |
5/3 to look into conversion - so appears D2 not elig if this case |
converted so let get dismissed and then go to atty to seek counsel |
on if can file 7 or not or another 13 |
4/25- Seek dismissal; no conversion filed and not agreeable to |
mod [FYI -we do have obj to Cap One Auto set for 5/17 |
21-12969
Moreno
Jennifer
Motion Modify Plan
Object
Missing new notice language. Certificate of service date is |
12/22/24 not 2023. |
D1 is no longer able to work full time. D2 only works 20 hours per |
week. Increase in expenses. Disability & health concerns for both |
debtors. |
Wants default deferred and payments lowered to $700-$800/mo. |
Need better proposed order. |
If reduced to $800, then new 60 month base is $62,331.62 and |
gives about 28% BUT OBJECT |
1. Need GFP of $800 to post; last $ Sept 23 |
2. Need revised proposed order that states new plan terms |
3. Need proof of all income [got a report but not sure that is |
enough] |
4. Need proof of $1100 medical/dental expenses |
5. Object to car payment on budget - 2 cars paid thru plan [buy a |
car without permission??] |
6. Owed $7400 to IL and rest cut off but if business making so |
much less, how owe that much and unsecured creditors should |
NOT pay for the debtors failure to pay their post petition tax debt |
Notice of objection filed 1/10/24 |
1/12 court - stated on objections on the record - debtors to file |
amended I and J and provide proof of expenses [car error so must |
remove]; waiting for disability - just filed; $575 submitted yesterday |
[but proposal is $700-$800] |
Feb 2 - TT D1, she is to prepare another amended I/J with |
supporting docs for income and supporting docs for $1100 medical |
$600 taxes; deleting the car payment which was an error. GBS |
Feb 22 Amended I/J finally filed Feb 21 but no material supporting |
docs. |
If the payment is reduced to $337 (amended J) it is a 2.5% plan. |
See GBS 2/23 email to Moreno - remaining concerns: |
1) The Jan 1 to Feb 15 (1.5 months) P& L showed net income of |
$9,988.07. That works out to $6,658 per month which is greater |
than the $4,500 on Line 8a of Feb 21 Amended Sch I Doc 45. |
2) The Profit & Loss Statement included a $1,550 entry for Utilities |
expense and $3,700 for Other Expenses. Please itemize both. |
3) The February 21 Amended Schedule J Doc 45 includes an |
entry on line 16 for income taxes in the amount of $500 per month, |
you did document payment of some amounts to the IRS but not in |
that amount. Please provide better documentation of that entry. |
Jan and Feb P & L -$5K so $837 so need at least $800 plan |
payment |
61182.62 new base TPI plus Mach $338 and 32 payments of $800 |
21-12233
House
Chandrea
Motion Dismiss for |
Failure to Make |
Plan Payments |
Seek Dismissal
5/6/22 8.1 of confirmed plan deferring $1571 |
OE 2/3/23 deferring $2694 thru January 2023 & increasing |
payment to $607 starting February 2023 |
P/C stopped September 2023 |
Set for 2/23 $2400 = 4 mo Last $ 9/28/23 $607/mo |
3/2 - $3613 default [6 months]; no $ since Sept 23 |
case = save car and last funds paid to car were in Oct 23 |
Per atty - rough year- lost job; injury; and medical issues |
Atty says will have $500 before Friday & wants 5/3 to modify plan |
but |
2. No room to defer again without raising the plan payment subst |
[6 month default an only have 30 months left] - |
3. Car in plan and no $ to them since Oct |
Agreed to 5/3 - debtor has $500 money order and new employer |
more $ and will go on PC |
4/25 - NO $$ since Sept 23 - last date I agreed to continue bc D |
had $500 money order and new employer with higher income and |
going to go on PC - no PC rec'd no $500 rec'd |
Car in plan - no $ since Oct |
19-25381
Gange
Abby
Motion Modify Plan
Object
Had a job loss ~18 months ago. Now she has obtained new |
employment. Need abatement to finish training in her new job. Sch |
I and J attached. |
Debtor wishes payments shall be abated for February, March and |
April 2024 but next payment is due March 2024??? |
Need proof of base income amount |
Need amended I for job change even if plan payment isn't |
changing but it has to change to complete in 60 |
March is month 53 and motion says need abatement for Feb - |
April but D paid $75 in Feb and $1600 in March so is she going to |
pay $1600 per month? -That would work but need I and J that |
shows she can afford that |
If I have proof of current income for household and amended I and |
J filed on the docket that shows can pay $1600 per month starting |
in April, then could do order deferring current default; increasing |
payments to $1600 and add language: “The plan base remains the |
same and all provisions of section 5.1 remain in effect” |
Notice of objection filed 3/21/24 |
Atty want to cont to 5/3 - told her to tell court |
See email sent to D atty on 3/2/24 |
4/25 - No $ since mid-March; case is $3624 in default due to not |
making last lump sum of $4930 - debtor chose to set up her plan |
with lower payments and lump sum payments - we do NOT |
encourage for this reason; now in month 55 with about $9880 left |
to pay- this is liquidation base so can't be reduced and can't go |
over 60 - need almost $2K per month to complete |
19-00095
Woods
Janine
Motion Dismiss |
Case for Other |
Reasons |
Seek Dismissal
For Non Compliance: Failure to provide 2021 tax returns and |
refunds |
10/7 - Don't have 2021 tax return |
FYI - requirement added bc modified to less than 10% |
Agreed to 11/18 - debtor hasn't filed returns yet |
Rec'd 2021 tax return - $4311 federal refund plus $14 state refund |
Also $891 default [3 months] in plan payments |
Since she just filed returns in October, 1/20 for tax refunds to be |
submitted - |
Tax refunds not received by us - Did D receive them? |
D has state and paying today $14.00; go to 2/17 to see if D has |
rec'd federal refund yet |
2/13 - Never posted $14 state refund; per attorney, D has still not |
rec'd federal refunds so 3/31 |
3/27 - Never received state return that D was paying to us in Feb |
and D should have fed return by now so need documentation of |
status on that if survives dismissal |
Screenshot rec'd that refund in processing |
4/20 - Need refund money from 21 tax year! |
4/25 - TFS payment for IDOR of $14 pending. Proof of IRS refund |
status pending sent to us, $4311 refund not processed yet. |
5/17 -Have state refund but still need federal refund |
6/14 - D going in person to IRS this or next week to resolve this |
ASAP; now need to provide 2022 tax returns/refunds [past due by |
almost 2 months and reminder letter was sent in Feb]; this will be |
continued to 7/14 and new TMD for 22 set for 7/14 |
FYI - TMD in process for failure to provide 22 return/refund |
8/14 - D couldn't make in person appt bc couldn't take off work but |
this needs to be resolved - 2021 tax year - so ask for final - this |
TMD pending since 9/22 [almost a year] |
10/20 - D met with IRS on 10/17 |
getting $1511 back for 2021 fed return so will need updated doc of |
the reduction of the amount and need to receive funds so 12/8 |
12/4 - Still need refund -not rec'd yet per atty |
but refund status says $4311 expected so need proof of amount |
1/22 - atty says uploaded docs but IDOR notified D that her IRS |
refund is being offset for debts owed to IDOR for 21 tax year |
341 docs - IL 22 owes $1266 - says must pay immediately and if |
not then they will ask for fed refund. IDOR responded that they |
didn't know this case was in BK and that should stop the taking of |
the IRS refund |
2/5 - Entire base balance in default, $6093.00 |
Still need documentation of 2021 fed refund amount and still need |
these funds. Plus, she hasn't paid a reg plan payment since Aug |
atty sent IRS screenshot - refund still pending but doesn't say |
amount, name or any details |
Motion pending for 17 (!!) months. |
3/25 - Default/base balance is $5493 [but 23 refund due too]; $600 |
posted on 3/4/24 but no documentation as to amount of refund |
and when received - atty claims that IRS has issued the refund but |
no info on amount |
19-00095
Woods
Janine
Motion Dismiss for |
Failure to Make |
Plan Payments |
Seek Dismissal
4th TMD since confirmation |
OE 11/19/21 deferring $1189, base is $16,633, debtor is required |
to tender tax returns/refunds each year & delete language |
specifying any % to be paid to the general unsecured creditors |
Set for 2/9 $6093 default including missing refund of $4325 Last |
$ 8/24/23 $297/mo |
Base balance $6,093 is entirely in default; default includes $4325 |
missing refund but also no reg plan payments made since Aug 23 |
Nothing pending in TFS as of 2/9/24 but atty sent ACH TFS |
summary that shows $200 pending and $200 completed but we |
don't have that and no name/case # on the print out and TFS |
system very clearly shows nothing in scheduled or pending and |
1/19 $200 would have posted by now |
2/9 - Went to 2/23 but FINAL for subst funds per Judge Baer or |
dismiss |
D ATT holding $600, Mar 29 FINAL for that to post AND for |
additional $$. |
3/25- $600 posted; no $ pending TFS; Default/base balance is |
$5493 but $4325 = missing refund; March is month 62 but 2023 |
year returns/refunds are still due so that could change everything |
3/29 court - atty says Debtor made $300 payment; filing 23 taxes |
in next 2 weeks so should have to us before 5/3 |
4/25 - Nothing posted since last court; atty said at 3/29 court date |
that D made a $300 payment but that was never rec'd by our office |
and D atty said 23 returns would be provided by now and we don't |
have those; we are in month 62 and debtor isn't even making reg |
plan payment let alone not giving us required tax returns/refunds |
22-02617
Torres
Didier
Motion Dismiss for |
Failure to Make |
Plan Payments |
Seek Dismissal
Set for 4/12 $1305 = 3 mo Last $ 3/29/24 $435/mo |
4/25 - $1605 [3.7 months]; getting $45 per week but that doesn't |
equal the plan payment [only about half] so default keeps growing |
22-10448
Patterson
Joann
Motion Dismiss for |
Failure to Make |
Plan Payments |
Set for 2/23 $9457 = 3.5 mo Last $ 1/8/24 $2725/mo |
Default now $10981 = 4.0 months, partial $ posted Feb 7. |
3/5 - $8981 default [3.3 months but March due on 3/13]; D hasn't |
made a full plan payment since May 2023 and most have been |
about half the plan payment amount and the plan is unfeasible by |
about $19K and running 72 months right now to get to required |
100% - maybe due to amended IRS POC |
Will depend on if we can resolve 1329 issues |
TFS will start on 4/2 for $1800 |
22-10448
Patterson
Joann
Motion Modify Plan
She was put on leave from her job and had a |
large time gap before she starting receiving long term disability |
benefits. |
Debtor wishes default is deferred to the end of the plan, base is |
$141,895.50, payment is decreased to $2500 & percentage paid to |
the general unsecured creditors is reduced under 100%. |
Object - Big Question: Original schedule I income - only $812 net |
from Job, $141 from ss and $4530.80 from pension so how did job |
issue result in not making any plan payments? - should have been |
able to make at least $1900 payments with job loss income so |
need better explanation. how much getting in disability? Has there |
really been a reduction in income going forward? If good |
explanation for default and prove less income now, then: |
1. Need revised order that increases set to condo assoc and |
Americredit and Part 5.1 box 2 is reduced from 100% to 55% and |
adds that debtor must file amended schedule I within 30 days of |
obtaining any income other than what is on amended schedule I |
2. Need amended schedules I and J filed with 106D - done |
3. Need proof of all current income sent to the trustee's office. |
rec'd but now need proof of all increased expenses |
Amended I income is higher $7047 and disp $2500 - much higher |
income now and yet lower payment - expenses went way up |
without any docs - proof of income rec'd |
Notice of Objection filed 3/27/24 |
23-00533
Moon
Asia
Motion Dismiss for |
Failure to Make |
Plan Payments |
P/C stopped February 2024 |
Set for 4/12 $2832 = 3.7 mo Last $ 2/7/24 $760/mo |
19-28743
Diaz
Carlos
No Position
Residence at 1364 Illinois Parkway, Elgin, Illinois 60123 Filed by |
PennyMac Loan Services, LLC; Direct Pay; Arrears PIF. Order OK |
1.1 month default, due date 8th |
19-28743
Diaz
Carlos
Notice of Motion and Amended Motion (related document(s): 54 |
Motion for Relief from Stay) Filed by Peter C Bastianen on behalf |
of PENNYMAC LOAN SERVICES, LLC.. Hearing scheduled for |
5/3/2024 at 09:45 AM at Appear In Courtroom 615, 219 S. |
Dearborn St, Chicago, IL 60604 or Using Zoom- Judge Baer. |
(Attachments: # 1 Proposed Order # 2 Loan Docs) (Bastianen, |
Peter) |
22-09123
Haas Jr
Donald
Motion Modify Plan
Missing new notice language |
D2 developed an illness and also had a severe adverse reaction to |
the medication she was prescribed. So she was off work for some |
time. Has medical bills to pay. She is now working part time and |
working her way up to full time. Then D1 was just laid off from |
work due to a reduction in force. |
Motion requests: pay November and December 2023 payments at |
conclusion of plan. Temporarily reduce payments based on maybe |
unemployment and part time job. Retain any independent |
contractor income until D1 is fully employed. Add medical |
expenses. Re-set payments based on new income/living |
expenses. Continue matter 60 days to review and change in |
income. |
Would be Dec and Jan but already 60 month plan |
Need proof of all current income and medical expenses |
Need amended I and J filed for current situation |
Notice of objection file 2/7/24 |
2/9 court date - went to 3/29 to get all docs and maybe new job by |
then but Judge made clear that she expects some payments to be |
made in the time being |
3/21 - Debtors did pay $ [$4252 posted on 2/12 and $2252 posted |
on 3/11] - no amended I and J filed and docs rec'd but not at point |
to resolve so needs to be continued again |
Case does require tax returns each year along with all 1099's and |
W2's |
23-00107
Gallagher
Paula
VW LAW LLC
Motion Modify Plan
No reason stated why behind on payments. |
Debtor wishes to defer the default until the end of the plan. |
23-00107
Gallagher
Paula
VW LAW LLC
Motion Dismiss for |
Failure to Make |
Plan Payments |
Set for 3/8 $8220 = 3.2 mo Last $ 2/7/24 $2550/mo |
3/4 - $10,769 default [4.2 months]; $1500 posted on 2/7 but plan |
payment is $2550 and March came due so default has grown |
since TMD filed |
TFS has $2550 scheduled to start on 3/20 but too little too late |
3/27 - NO 1329 on the docket and WAY too late to file for 3/29 |
now; default is $10,769 and has grown by a full plan payment |
since TMD set; payment for $2550 set to START on 3/30 in TFS |
FYI - deferral would work if 1329 actually filed and even if planning |
on filing for 4/12, too late now |
Filed late night bf court for 5/3 |
10:00:00AM
Case # Debtor Name Debtor Attorney Description Disposition Notes |
24-03255
Wooley
Daniel
ASM LAW PC
Moot
Voluntarily Dismissed 3/29/24
23-05556
Ahmed
Syed
Confirmation |
Hearing & TMD |
Seek Dismissal
5/31/23 - 341 meeting not held; missing plan et al. |
341 meeting concluded 7/5/23 at 11:00 a.m. |
IRS claim shows 2022 not filed but very small amount owed and |
nothing owed for 2018 ($19K on Schedule E/F). |
Amend B for realistic values for vehicles, both are grossly |
understated. |
Bad address for IDOR, file proof of service to good address. |
D ATT does not show how income on Schedule I line 8a was |
calculated. S/E income docs (at face value) show losses every |
month. |
Debtor has failed to document income sufficient to cover his |
Schedule J expenses. |
Need 1120S for 2021 and 2022. |
Amend Plan to provide for DuPage County claim 7; expect another |
DuPage claim for the commercial property. |
Amend Plan to provide interest to unsecured creditors. |
Plan depends on sale of commercial property for funding. Per |
debtor it has been for sale for over a year. |
Debtor cannot fund plan without sale of the R/E. |
NEED OBJ to CONF and TMD. |
DuPage Co Treasurer Objection to Confirmation |
7/18 - Current but tiny payment; Property on market for $299K per |
on-line searches but plan says on market for $275K so must doc |
on market for 275K per plan terms; Sale must be within a year, |
need amended plan; amended B; File proof of service for good |
IDOR address; document 8a on schedule I; provide 1120S for 21 |
& 22; NEED TMD |
TMD set for no amended A/B, plan, proof that property is on the |
market for $275K, sale of property must be completed in one year, |
need 2021 & 2022 1120S, document Schedule I 8a income & file |
proof of service for good notice to IDOR |
$81/month with lump sum from sale in month 60. |
Plan is pure bad faith to stall creditors. Debtor does not need |
Chapter 13 to sell the R/E |
9/15 -One month default [Aug]; amended plan doc#38 issues |
10/18 - One month default; Plan #50 close - still about $6K |
underfunded for 100% with interest but will ask for all sale proceed |
and then refund what is not needed; can't confirm until have sale |
proceeds; docket #50 resolves Barb's objection; sale price is down |
to $265K; go long date to 1/26/24 |
1/24 - Will be 2 month default on court date; a year will be up in |
April; need motion to sell soon - must be sold and have ALL NET |
proceeds by 4/26/24; per zillow and Redfin appears to still be on |
the market for $275,900 when told court was reduced to $265K |
back in Oct 2023 and plan says will continue to reduce to sell |
within one year |
FYI - At 1/26 court call - atty said price being lowered to $250K |
and atty must get me proof of that before 2/2 per Judge Lynch |
2/6 - Finally got proof today and only reduced to $259,900 so more |
BS |
3/7- One month default; property still never lowered to $250K as |
stated at last court date; still $259,900 per zillow today; D clearly |
has never been serious about selling this as priced too high and |
not reducing as stated/agreed; maybe 4/12 unless sold or at least |
closing set with signed sales contract, case must be dismissed on |
that date |
3/8 court - Judge said 4/12 with contract to sell |
4/10 - One month default; still appears listed at $259K; without |
contract, case should be dismissed |
4/12 court - Paul says should have contract Monday so 5/3 is final |
for mtn to sell RE |
4/22 - One month default and no motion to sell set yet |
23-17484
Peters
Mark
BIZAR & DOYLE
Confirmation |
Hearing & TMD |
1/31/2024 Meeting Concluded. Need amended plan [fix 5.1 |
liquidation number or make it a 100% plan]; Amend E/F and file |
POS for IRS & IDOR; debtor owes since 2020 to IRS and maybe |
IDOR; Must have IDOR and IRS POC's before confirming; Has |
DSO that pays directly so need 1. Copy of DSO order; Copy of |
Repay Order and Proof of Jan and Feb DSO payments being paid; |
D says will drop back down to $1107 in 9 months so should be |
step up in plan payment when that happens; Need secured POC's |
before confirmation so probably end up going past the bar |
deadline |
TMD set for no amended plan, E/F for IRS & IDOR with proof of |
service filed, need DSO order along with copy of repay order & |
proof of post-petition DSO payments made directly |
3/26 - Current; Amended plan doc#23 is OK; Amended J filed to |
support new higher plan payment; Amended E/F finally filed on |
3/27 - almost 90 days after case filed so IRS and IDOR just got |
notice per POS of plan - IDOR $4209 andIRS $28,916; rec'd |
some DSO proof but not enough to confirm post-pet current |
Order rec'd- reduce support to $553 from April 1 23 to Sept 30 23 |
Return to $1107 effective Oct 23 plus $276.75 until $3321 arrears |
are paid [so arrears should be paid by Sept 24 but 100% plan |
Post proof only shows $830 and $533 in Jan but then only $830 in |
early Feb and nothing since so need more proof of post being |
current |
Case filed on 12/30/23 - IRS and IDOR NOT listed; debtor |
disclosed at 341 on 1/3/24 that he owed big amounts to both but |
no notice to either until 3/27/24 - emailed both tax auth |
agreed to 5/3 for good notice and hopefully time to file POC's |
341 docs - updated DSO proof - $533.50 on 3/18; $830.25 on 3/4; |
$533.50 on 2/17; $830.25 on 2/5; $533.50 on 1/22 and $830.25 on |
1/2 |
4/22 - Current thru March; April due on 4/28 at new higher amount; |
IDOR POC filed but still need IRS POC before confirm |
23-15391
Kendle
Jennifer
Confirmation |
Hearing & TMD |
See Notes
Recommend plan docket #28 & WD TMD if objection is resolved |
Franklin Credit objection - NOT resolved $1200 fee issue so 5/3 |
24-02905
Richards
Gregory
Continued
Amend 3.1 for HUD creditor name in 3.1 for clarity. Amend 8.1 for |
creditor name of American eagle bank instead of GM financial to |
be paid by cosigner (daughter). Alimony paid by D2 is continue |
until ex remarries or dies. D1 does get annual bonus, not |
guaranteed and varies greatly (looks to not be included in |
schedule I per case analyst as per testimony hard to predict what |
amount will be). 100% plan, continue past 5/9 bar date. Per Case |
analyst, need cma as value is understated by ~52k per Zillow BUT |
there appears to be vary little liquidation if any due to HUD claim |
so probably not necessary (cmi requires 100% as well due to large |
pot) |
4/24 - Current; needs to go past bar deadline so 6/7 |
6/7/2024 10:00:00AM
23-15865
Kasson
Katherine
Confirmation |
Hearing & TMD |
Seek Dismissal
1/3/24 - 341 meeting not held; missing taxes and pay advices. |
Motion to extend time to hold 341 set for 9:30 on 1/26 - due to |
health issues,D has not filed all of her returns and D's accountant |
is out of town |
DT is filing TMD - motion to extend only deals with tax returns but |
NO money and no proof of rental income either |
TMD set for no 341 meeting, taxes, pay advices & default |
1/26 court - atty holding $1100; Gina Krol repres secured creditor |
appeared; she will be filing another claim and says her rental |
property is VACANT; need amended I and proof of income on that; |
3/8 for 341 to be held |
341 meeting continued to 3/13/24 at 12:00 p.m. |
3/1 - Beyond current; confirmation will be continued to 3/29 for 341 |
to be held. |
03/13/24 Meeting started, not concluded. Debtor does not know |
why she was in the Zoom meting. Able to answer some |
questions, not others, asked point blank why she was in Zoom, did |
not have an answer. She appears to need a guardian. GBS |
3/22 - 341 not concluded & D not aware of why on zoom call - T |
has serious concerns about competency; atty says petition in state |
court t appoint a guardian so 5/3 to have that hopefully completed |
and have the 341 reconvened and concluded. |
341 held on 4/15 but NOT CONCLUDED as Debtor's answers are |
not reliable so case will be dismissed [FYI - Chad WD notice of obj |
to the TMD that has been pending since Jan] |
24-00042
Rushing
Aaron
No Position
Residence at 8N594 S McLean Blvd., South Elgin, Illinois Filed by |
BMO Bank N.A; Direct Pay; 2nd mortgage arrears scheduled |
$52K; 3rd mortgage in 3.4 scheduled $60k. All BMO BANK. This |
appears to be S on 2d mortgage |
Payments current, due date 2nd |
Confirmation is up on 5/17 |
24-02061
Ruiz Jr
Joaquin
Confirmation |
Hearing & TMD |
Seek Dismissal
Sell the house plan. Not listed for sale yet. GBS did mtg |
US Bank OBJ arrears $38,208, they probably missed the little |
entry in 8.1. |
Amend B D Plan for 2004 Subaru Forester Earthmovers CU. |
Must be 100% plus interest. |
File TMD if not listed for sale at original confirmation hearing. |
TMD set for no amended A/B, D, plan, unfeasible plan, need listing |
agreement, resolve IRS POC & default |
4/9 - Half a plan payment posted; amended B and amended plan |
filed; amended plan says will list for sale by 4/30 so maybe 5/3 for |
listing agreement to be provided to our office; plan doesn't say |
anything about mortgage so Nisha may want language about how |
D will make on-going mortgage payments [on schedule J] and that |
their loan will be PIF at the sale but leave that up to her; plus need |
IRS POC resolved; go to 5/3 - never heard from Nisha but Chad |
has made it clear that no arrears or currents to her client in the |
plan - all $ will be paid at the closing |
4/24 - One month default [due back on April15th]; need listing |
agreement and need IRS POC resolved if case going forward |
24-00702
Fleming
Claudette
Confirmation |
Hearing & TMD |
See Notes
2/14/24 - 341 meeting not held; missing taxes, pay advices; plan |
not served. |
TMD set for no 341 meeting, taxes, pay advices, serve plan on all |
creditors & default |
Clerk office says #13 122C-2 must be refiled - it is supposed to be |
122C-1 but big issue plan filed on 2/1/24 [docket 14] NEVER |
SERVED on creditors; 2 objections to confirmation - US Bank |
times 2 but plan doesn't even reflect that - only one 3.1 entry for |
US Bank & sch J only has one mortgage payment |
NO taxes or pay advices provided and past 45 day deadline so |
should be auto dismissed [Sch I - Child care payment from govt - |
$968 and then $2500 contributions from daughters so need |
affidavits and their poof of income] |
You should have all these docs bc how else could you accurately |
prepare the schedules |
3/8 court - went to 4/12 but amended plan filed still only has one |
US Bank when there are clearly 2; atty says everything submitted |
now and filed amended I and plan and served plan |
2 objections by US Bank [1s by Pete and 2nd by Ruchman] - both |
withdrawn on 4/18/24 [docket #37 and #38] |
341 meeting continued to 3/20/24 at 10:30 a.m. Meeting |
Concluded. No DSO. No creditors present. Need another |
amended plan - 3.1 should have US Bank 1st mortgage cure and |
maintain - arrears only $6.08; US Bank 2nd mortgage must be |
moved to 3.2 -atty says matured and must pay loan in full so that |
is why it is not on schedule J; default in plan payments - told D and |
atty must be current on 4/12 confirmation date |
4/10 - Current; amended plan doc #32 - Part 5.1 says sum of $0 |
when base pays 100% so need 5.1 marked 100% and MUST |
HAVE 3RD BOX CHECKED - issue is debtor's daughter paid off |
the small GUC claims so need those claims WD so 5/3 |
WD TMD #23 - will need a new TMD if continued |
All parties agreed to 5/3 date |
4/22 - Current; unsecured claims WD so no GUC but still need |
minute order or amending plan to remove $0.00 pot and to check |
at least the 3rd box in Part 5.1 of the plan |
23-16122
Marshall
Nerissa
Confirmation |
Hearing/Converted |
from 7 |
See Notes
Recommend plan docket #35 if TFS payment posts [March |
payment in TFS processing started on 4/18] |
23-11006
Perez
Angel
DAVID CUTLER
Confirmation |
Hearing & TMD |
See Notes
341 meeting concluded 10/11/23 at 11:30 a.m. |
Amend D and file proof of service to Kane County Treasurer for |
$7019 owed for 2022 R/E taxes. |
Provide for R/E taxes in plan. |
Debtor's SS income is overstated by $127. Son who contributes |
has only SS disability income. |
$1496 disability, $1100 contribution listed on I and I says son pays |
all utilities and groceries out of the remaining $396. Budget is |
CRAZY tight. |
Need arrears claim, need to go past 10/31 bar date. |
10/12 - Current; confirmation to 11/17 to be past bar deadline |
TMD set for no amended plan, unfeasible plan, amend D and file |
proof of service for Kane County Treasurer & default |
11/9 - One month default [Oct payment]; never amended and filed |
POS for Kane Co; plan is over $35K unfeasible; arrears scheduled |
for $26K and filed for over $71K; budget is already crazy tight so |
increase in plan payment is not feasible |
12/19 - $1788 default [2 months]; last $ Sept; never amended D |
for notice to Kane Co and plan is extremely unfeasible with |
mortgage arrears POC coming in about double the amount |
scheduled; plan is about $35K unfeasible and the debtor's budget |
doesn't have room to increase the plan payment |
12/22 court - atty has $1778 and loan mod so that might help |
resolve mortgage POC issue |
1/24- $1788 posted but that was Oct and Nov so default is still 2 |
months [$1788]; atty gave POS of BK to Kane Co on 10/12 [doc |
15] plus no resolution re: arrears/feasibility |
Case filed in Aug [6 months ago] TMD pending since NOV |
3/7 - $1788 default [2 months]; still no action or resolution |
regarding arrears/feasibility- $35K unfeasible and 2 month default |
when TMD pending since NOV and another payment due with any |
continued date |
3/8 court - Atty has $1788; 4/12 to file obj to claim |
4/8 - One month default [March] and April due 4/21; need claim |
objection resolved |
4/22- 2 month default [$1788] thru April; why not making monthly |
plan payments but lump payments instead?; need claim obj |
resolved |
23-11006
Perez
Angel
DAVID CUTLER
Objection to Claim |
with Notice of |
Hearing |
No Position
Debtor's Objection to Claim(s) 5 of Towd Point Mortgage Trust/US |
Bank National Association |
POC alleges that the Debtor has a pre-petition arrearage owed to |
the mortgage company for $71,617.47. The loan modification dealt |
with $76,132.52 of the mortgage. |
Wants partially disallowed. |
Email to creditor rep [on POC] on 4/18 bc shocked not |
participating |
Plan docket #2 has $26K - as long as arrears are $34K or less |
-this plan is OK |
23-14212
Hernandez Silva
Luis
DAVID CUTLER
Confirmation |
Hearing & TMD |
Recommend
Recommend plan docket #53
23-15078
Robertson
Jessica
DAVID CUTLER
Confirmation |
Hearing & TMD |
Seek Dismissal
12/13/2023 -Meeting Concluded. Amend Plan to provide for HUD |
in 8.1 and move mortgage in 3.1 on Palos Hills RE to 8.1. Amend |
E and file POS for IRS [owes money; not sure of amount] and |
IDOR [believes fully paid]; testified that works in other states with |
her job but also testified that she doesn't currently owe any state |
taxes to any other state; debtor understands that first plan |
payment was already due and will make a payment a week from |
this Thursday |
Objection by Park Ave Condo Association- |
$5,723.42 past due at filing |
1/3/24 -On PC but never made direct payment; Amended E with |
POS for IRS filed; need IRS POC before confirmation; need |
amended plan [Compas, HUD and HOA treatment]; plan is not |
feasible at % stated with HOA claim |
What happened re: Consumer Portfolio MLS on 1/26 - went to 2/9 |
1/30 - Current/PC; IRS POC all filed; plan is very unfeasible with |
claims filed; need amended feasible plan [about $30K unfeasible; |
atty says working on amends and will file an amended D - got to |
3/8 |
TMD set for no amended plan & unfeasible plan |
3/7 - Current/PC; debtor saying all past due amount was in |
modification and doesn't owe an arrears |
3/25 - Current/PC; case was filed in November and mortgage POC |
was filed on 1/16 and no objection to the claim has been filed; plan |
on file is VERY unfeasible and condo assoc obj to conf was filed |
back on Dec 23 and hasn't been resolved - no treatment for them |
in the plan |
Reluctantly agreed to 5/3 for objection to claim to be heard on that |
date |
4/18 - Current; even if objection s sustained; need feasible |
amended plan that |
1. Funds 21,744 pot to GUC so plan payment MUST go up; |
2. Remove/Correct Compas with all zeros in 3.1; |
3. Has Treatment for HOA; |
4. Has Treatment for HUD; |
5. Make sure all creditor names match claims; and |
5. Correct 5.1 to be feasible |
Will also need amended I and J |
I WANT AN AMENDED PLAN AND BUDGET ON FILE AND |
SERVED OUT THAT IS FEASIBLE AND RESOLVES THESE |
ISSUES SO IF OBJ IS SUSTAINED, WE ARE GOOD TO GO |
23-15078
Robertson
Jessica
DAVID CUTLER
Objection to Claim |
with Notice of |
Hearing |
No Position
Debtor's Objection to Claim(s) 12 of United Wholesale Mortgage, |
LLC |
POC alleges that the Debtor has a pre-petition arrearage owed to |
the mortgage company for $17,396.67. The Debtor entered into a |
loan modification and the HUD claim resolved all arrears owed to |
United Wholesale. |
The claim of United Wholesale Mortgage is partially disallowed |
and the amount of pre-petition arrears are set to $0. |
24-00024
Ocasio
Kristy
DAVID CUTLER
Confirmation |
Hearing & TMD |
01/31/24 Meeting concluded. Currently suing for wrongful death of |
her father. Waiting to find out how much she'll receive. Not sure on |
time period. Amend SOFA. D1: started a 2nd job in December. |
Average of $200 biweekly. Amend I. Need terms of 401k loan |
being paid direct. |
Amend Plan for proceeds of wrongful death case. |
401K done 9/27 so 10/27 need step up $153.74 monthly |
Amended A/B filed 2/6/24 - added wrongful death but need |
amended SOFA to disclose suit too |
3/26 - Current but need wrongful death proceeds; Need Consumer |
CU loan docs to verify amount and date of step up [no POC filed]; |
Amend SOFA for wrongful death suit; amend Schedule I; and |
amend plan: |
1. Step up for when 401K ends in 9/27 so increase plan payment |
by $153 starting in 10/27 |
2. Part 2.4 - turnover net proceeds from wrongful death case as |
additional payment [FYI no exemption] - per atty, D rec'd funds |
and instructed to send to us - will amend SOFA when get suit |
caption |
Atty is waiting on client's approval to file amends |
Atty uploaded copy of wrong death check 37,381.69 |
4/25 - Current; still waiting for amends |
Gave to JK for TMD Amend SOFA; turnover net wrongful death |
proceeds; Need Consumer CU loan docs; amend schedule I and |
amend plan |
TMD set for no amended I, SOFA, plan, turnover wrongful death |
proceeds & need Consumer Credit Union loan documents |
24-01745
Tims
Marquise
DAVID CUTLER
3/13/2024 -Meeting Concluded; Docs needed - 2023 tax return; |
entire 6 months of stubs to verify 122C-1; closing docs from sale |
of property in 10/22 and detailed list of how spent $70K proceeds; |
Amends needed - schedule I [appears understated by $440]; |
amend plan for 8.1 tax return language - need returns and refunds |
if loss on taxes; may need amended 122C-1 if 6 months stubs |
supports higher number [stubs provided to date show understated |
by $715] and may need amended 122C-2 depending on what 23 |
tax return shows |
4/4 - Current; agreed to 5/3 |
4/9 - Current;rec'd all docs requested [list of proceeds spent in |
SOFA and on email; no loss on 23 return so don't need 8.1 tax |
language; |
Need 1. Amended 122C-2 line #16 should be $842.00; 2. |
Amended Schedule I to correct income; and 3. Need amended |
plan that funds the new CMI pot, around $14k |
24-02647
Davis
Zachary
DAVID CUTLER
See Notes
Document that R/E is TBE. |
Provide Jan/Feb/Mar P&L and Jan/Feb/Mar bank statements for |
vending machine business. No EEs. One $880 credit card in the |
name of the LLC. |
Amend Plan to provide for HUD. |
341 docs - proof of TBE & P &L along with bank statements - |
testified no employees but P & L has salary and expenses appear |
to include some personal exp So net income for 3 months is |
$656 but has $600 salary exp when no employees so back to D |
net and taking rent [?] and $311 for phone and really need gen bus |
and membership/subscriptions for this bus in amount of $500 for 3 |
months Sch I has $502 so close |
4/24 - Have March plan payment & April plan payment scheduled |
to start on 4/25 in TFS recd docs requested and close enough; |
still need amended plan that provides for HUD treatment; plan is |
OK if no secured arrears but only Chase has filed POC on the car- |
need both mortgage claims |
24-02774
Steik
Felicia
DAVID CUTLER
Continued
4/3/24 - 341 meeting concluded. |
All taxes filed. No $ owed. No DSO. |
Purchased R/E March 2023 $210K/$213K Zillow. Property taxes |
escrowed. Debtor only on Title, not mortgage. Not listed on Sch D |
or plan. NFS on title and mortgage. |
Income ok. D: $2010 biweekly. NFS: $1300 biweekly. HH size 3. |
Newborn baby. |
$15K pension/retirement withdrawal - Used for wedding and down |
payment on house. |
Must be 100% plan per very large CMI pot. Continue past bar |
date. Small liquidation amount missing in 5.1. |
BSI Objection to confirmation - mortgage arrears |
4/24 - Current but need to go past bar so 6/7 |
6/7/2024 10:00:00AM
23-15807
Cabaj
Dariusz
Confirmation |
Hearing & TMD |
Seek Dismissal
1/3/24 - 341 meeting not held; missing taxes, pay advices. |
Confirmation will go to 2/23 for 341 to be held |
341 meeting concluded 01/31/24 at 2:00 p.m. Translator Meeting. |
See B 16 cash proceeds from PI case, D states he received $32K |
in July/Aug 2023, has about $4K left. Need settlement statement |
from the PI ATT. Account for the $$. |
SIGNIFICANT Schedule J issues: $1300 food plus $250 personal |
care for HH of 3, too high. |
$805 NSF debt service is a HARD NO b/c NFS has zero income. |
Document 17d taxes at end of year, debtor received refund 3 of 4 |
years. |
Need 2023 taxes when filed. - REC'D Owed $1334 so 17d is OK |
Amend Plan to provide for HUD claim #1. |
Amend Plan to move BMW from 3.1 to 3.2, not a 910 claim or long |
term debt. |
Amend J to delete payment to BMW when it is moved from 3.1 to |
3.2. |
Debtor is S/E, no employees, no vehicles or debts, no commercial |
space. |
Debtor testified that to May to Oct P&L was his actual Revenue, |
expenses, profit. |
Need business and personal bank statements 07/01/23 to present. |
D ATT said he thought he sent them but we do not have them. |
2/13 - Current but no amends/docs yet |
3/6 - Same except rec'd 23 tax return - $35K bus income & owed; |
atty says also sent PI info; D was to make payments on vehicle to |
cure pre-pet default & he did so they are tying to get an amended |
POC ; go to 3/29 |
TMD set for no amended J, plan, need personal injury settlement |
statement & detail of how spent & need detailed explanation of |
how 2023 P/L statements are so much higher than 2023 gross |
receipts on tax return |
3/26 - One month default; don't see PI settlement or detail of how |
spent in documents anywhere; still need amended J [reduce 7/10 |
and remove 17a and remove 17c]; amend plan [HUD claim; move |
car to 3.2 T pay] and need personal & business bank statements |
from July 1, 23 to present; explain how May-Oct 23 P & L's had |
have monthly gross of $21K and ave net to D of $8K while 2023 |
tax return says gross receipts was only $35,420 ; agreed to 5/3 |
4/18 - One month default but plan payment is way understated |
based on schedule J being overstated and told atty car must be |
moved to 3.2 at 341 bc not long term and not 910; this has gone |
on long enough where I am constantly promised docs/amends and |
the get very little if anything. Case was filed in Nov 23 and 341 |
held on 1/31 and all of the issues were addressed by GBS at the |
341 |
Email from D atty on 4/19 - NO DEFENSE -D doesn't want to |
proceed in the case |
24-00098
Guevara
Juan
Confirmation |
Hearing & TMD |
122C1 line 2 appears to be understated by $700. |
122C2 line 16 appears to be overstated by $1000. |
Amend Plan 3.1 to resolve objection,arrears $61,224.30 v |
$50,000. |
Document that R/E is TBE. Mortgage docs attached to claim |
show "husband and wife" |
Objection by SLS - arrears amount |
3/6 - Current; need amended 122C1 & 122C2 and amended plan; |
plus need proof of TBE; plan is very unfeasible with claims filed so |
far |
Rec'd TBE [pay advice docs]; atty says means test objections |
seem well grounded need time for amends as plan has to increase |
so 3/29 |
3/19 - Current; still need amended 122C1 & 122C2 along with |
amended feasible plan that meets new CMI pot. Based on |
corrections needed even with arrears claim higher and HOA added |
to means test - result would require 100% plan with plan payment |
of $1800; agreed to 5/3/24 - they are getting his 23 tax return to |
see if Lanning argument [high refund was one time thing] |
Will need TMD on 5/3 if not ready to go |
4/22 - Current; still need amends so gave to JK for TMD |
TMD set for no amended 122C-1, 122C-2, plan & unfeasible plan |
24-01675
Dopp
Patricia
341 notes: Case is over median with negative MDI. Debtor |
receives yearly bonus in February, rec'd $500 in 2024 (was on |
STD for 2 months so not as big as usual), rec'd $5,000 in 2023; |
outside of the 6 month 22c period. Based on scheduled amounts, |
plan should fund 100% (10% plan). Amend 3.2 to increase set |
pay to at least $15/mo. Requested full 6 months of P/As, but |
22c-1 looks close enough to me. |
Pay Advices - full CMI period rev'd and 122C-1 is OK |
3/20 email to Derek & Fredyin - |
if not 100%, need net bonus each year turned over in Part 2.4 |
[bonus outside of 122C1 period] and 8.1 provide ed of year |
paystub and car set with 8.1 pre ADQ prot running over 60 and |
ADQ can't be less than $157 anyway |
4/2 - Current; need secured POC's so go to 5/3 |
4/23 Current; amend plan for the following |
1. Remove Jefferson from 3.2 - filed as GUC if clam #4 |
2. Make sure that car pays in 60 - 8.1 adequ prot can't be less |
than $157 and set needs to be at least $320 in Part 3.2 |
3. Plan is only funding 46% so need 2.4 bonus s add'l payment |
23-16402
Tadrous
Abdelmessih
Object
Motion to Confirm Second Plan (related documents 65 Chapter 13 |
Notice of objection filed on 4/22/24 |
2. Santander objection not resolved |
3. Default in plan payments |
23-16402
Tadrous
Abdelmessih
Confirmation |
Hearing & TMD |
Seek Dismissal
TMD set for no 341 meeting, taxes & pay advices |
1/19 email acknowledged that D atty didn't submit taxes and pay |
advices correctly - must go thru the secure portal as required by |
UST |
As of 1/24, don't have anything. Case was filed on 12/7 so now |
over 45 days and no pay advices so case should be auto |
dismissed under 521(i) |
2/1 - Current and atty provided many docs - still need a tiny bit |
more information and then can set a 341 mtg and continue |
conf/TMD past the 341 date; go to 2/23 for add'l docs and 341 to |
be held |
FYI - 2 objections to confirmation by Ally [2 diff vans; now both |
have motions to lift the say] |
1. #27 - Plan doesn't account for 21 Ram Promaster Cargo van |
2. #28 - 2021 Ram Promaster van in plan - 910 so must pay |
$60,794 |
Still need amended plan, claim objection set for March 8 |
341 Meeting concluded 3/4/24 at 1:00 p.m. Translator Meeting. |
There is a good chance the IRS was listed as a creditor in error. D |
ATT to converse with Debtor's accountant. |
Amend Plan to move Santander from 3.1 to 3.3. |
S/L Feb 9 as to two Ram vans financed by Ally, one already picked |
up, 2nd one s/b picked up the week of March 4. If the two Ally |
claims are NOT denied, must surrender in 3.5. |
3/5 - Current; need to know if IRS was listed in error; need |
amended plan: |
1. Move Santander from 3.1 to 3.3. |
2 Need 3rd box checked in Part 5.1 |
3 Delete Part 8.1 in full |
4. Add both Ally claims to Part 3.5 if objections not sustained |
D atty going to hospital so agreed to 3/29 |
TMD set for no amended plan, proof that no $ is owed to IRS & |
default |
3/27 - One month default [due on 3/6]; amended plan docket #65 |
is OK; Amended E/F to remove IRS; could REC if objections |
resolved and D atty has $1440 in his possession |
James is fine with 5/3 - waiting on 2nd vehicle to be picked up |
Santander/Chrysler Cap just filed amended objection to |
confirmation - 910 vehicle. almost $18K default at filing; no proof |
of insurance; interest rate and to pay claim at 11.5%, set must be |
$1115.16 and need lien retention language |
4/22 - One month default [was due on 4/6] and Santander recently |
filed objection to the last plan that must be resolved |
plus need Ally claim objections entered |
23-16402
Tadrous
Abdelmessih
Objection to Claim |
with Notice of |
Hearing |
See Notes
Missing new notice language. Address incorrect. s/b 219 S |
Dearborn not 2019 S Dearborn |
Debtor's Objection to Claim(s) 3,4 of Ally Bank for a 2021 Dodge |
Ram ProMaster Cargo Van. |
Both claims were discharged in debtor's prior Chapter 7 |
Bankruptcy. Intention was to surrender and D never contacted by |
Ally |
Proposed order states Both claims are not allowed and are hereby |
dismissed with prejudice. |
NO position, 341 concluded March 4 but need granted so clear not |
paying any deficiency as discharged in Ch |
23-17493
Salonies Hughes
Lauracise
Confirmation |
Hearing & TMD |
Seek Dismissal
Debtor is married but separated, NFS is in MS, no contact in three |
years. |
Amend Plan for correct treatment of Automotive Credit Corp, in 8.1 |
as paid by co-signer but there is no co-signer. |
Amend 2.3/2.4 to require taxes and IF loss from S/E must remit |
refunds as additional. |
Plan payment steps up when car loan pays off, need POC to |
determine if treatment is OK. |
Note - two car loans in plan as direct pay, $289/month for the Ford |
Escape / Pronto Fin is on Schedule I as paid by son. |
3/7 - On PC; agreed to 3/29 to be past bar date; debtor may object |
to POC #1 |
3/26 - On PC; need amended plan for: |
1. Part 2.1 - need CU Car loan docs to verify amount and step |
date |
2. Parts 2.3 & 2.4 to reflect that debtor will provide tax returns and |
that refunds must be turned over to the trustee as an additional |
plan payment if the is a business loss |
2. Part 5.2 - match name of student loan to claim filed |
3. Part 8.1- can't pay by co-signer as only D on loan - should be |
surrendered in 3.5 and let son go get his own car [$5K default on |
loan and terrible interest rate] |
Agreed to 4/12 - Claim #1 - atty says will just surrender so the will |
not file a claim objection |
Will need TMD if no ready to confirm on 4/12 |
TMD set for no amended plan & need car loan contract |
4/4 - On PC; still no car contract or amended plan |
Car contract on Kia and 2 other cars last payment due Sept 25 |
agreed to 5/3 for amended plan |
4/22 - On PC; need amended plan |
23-17493
Salonies Hughes
Lauracise
No Position
2010 Ford Escape Filed by Pronto Prestamos, serviced by Peritus |
Portfolio Svcs II, LLC; Direct Pay; No arrears. Order OK but it is in |
3.3 direct pay |
Payments current, due date 30th, on P/C |
24-01531
McPherson
Erin
Continued
2/28/24 - 341 meeting not held; need proof of all income. |
341 meeting continued to 3/20/24 at 10:30 am. Meeting |
Concluded. Amend E and plan for IRS -owes about $9K; atty says |
sent notice to IRS already and put on docket but will amend |
schedule E; Amend J - no longer has storage unit so remove that |
expense; need updated Lyft documentation before confirmation to |
support schedule I amount - debtor said she didn't do a lot recently |
but she is going to go back to doing every day after work so she |
will get me updated documentation before the 5/3 continued |
confirmation date to support schedule I; bar is 4/12 so |
confirmation to go to 5/3 - 100% plan; per D testimony - only one |
PC deduction so far so need some $ direct from debtor |
4/23 - On PC; amended E/F filed and IRS filed claim but estimated |
for 21-23 so must resolve IRS POC; still need amended J and |
updated Lyft documents to support sch I and amended plan for: |
1. Part 3.2 - claim higher than value in plan so sb $13875 sec |
claim |
2 Part 8.1 - $50 Adequate Protection is a BIG NO- must be at |
least $123.00. |
3. Plan is not feasible with est IRS POC but won't know until POC |
is resolved |
6/7/2024 10:00:00AM
23-17342
Gunther
Jason
See Notes
On PC; Plan docket #22 is OK with Minute Order #29 if stay lift |
resolved; MLS going to 4/12 so confirmation to 4/12 too |
4/9 - Atty says he filed the MO but that SL is not resolved so 5/3 |
23-17342
Gunther
Jason
See Notes
Residence at 0N126 Evans Ave, Wheaton, Illinois 60187 Filed by |
CrossCountry Mortgage, LLC; Direct Pay; Scheduled Arrears |
$21,347. Order OK |
Payments current, due date 27th, on P/C |
FYI - atty is hoping for an agreed repay order |
Per atty, this is going to 5/3 |
24-03246
Ramirez
Socorro
FERNANDO R |
CARRANZA & |
ASSOC |
See Notes
4/3/24 - 341 meeting NOT concluded 4/17/24 at 3:00 p.m. |
Signature pages are all dated 26 days before schedules and |
statements were prepared. Amend Petition for the various a/k/a s |
on ID and taxes etc. |
D ATT will refile all with proper signature pages and contact me to |
hold 341. |
NOTE: Mortgage signed by Nicolas Olvera Campos; note signed |
by Nicolas Olvera Campos and Socorro Olvera. |
GBS told Dana to set a new 341 date |
24-03246
Ramirez
Socorro
FERNANDO R |
CARRANZA & |
ASSOC |
Motion Dismiss |
Case for Other |
Reasons |
Seek Dismissal
No Schedules A-J, SOFA, 122C-1 & Plan filed. |
4/5 - Schedules; means test, SOFA Plan and fee disclosure filed |
on 3/28/24 BUT SIGNATURE PAGES FOR SCHEDULES DATED |
3/1/24 AND SCHEDULES WEREN'T FILED UNTIL 3/28 SO |
NEED NEW SIGNATURE PAGE [SAME WITH SOFA] |
Flat fee $3300 PIF with $0 owed |
plan filed on 3/28 was $511 and D paid that but another plan filed |
on 4/3 [before first payment was due] and is $600.03 |
SOFA doesn't have date of the payment - Need proof of date that |
D paid $3300 to the atty - if post filing - must to back to D |
Retention agreement dated 3/27 with electronic signature by D |
when case was filed on 3/6 so signed after filing? |
Clerk issued notice on 3/7 about failure to file B2030 so if why |
delay in filing? |
FYI - Schedule A $180K RE value but zillow $226K |
Plan on face is unfeasible bc say 3% [$52 per his plan] but then |
says $41,958 in liquidation and that is controlling and would |
require 100% plan and plan only pays about $1400 to GUC but |
100% is only about $3K based on scheduled amounts |
And now amended plan 27 filed on 4/3 due to objection to |
confirmation filed by mortgage co saying arrears are $10K so plan |
changed from $511 to $600 but yet orig plan said he could only |
afford to pay $54 to unsecured and now suddenly can afford to pay |
$10K more to mortgage arrears and this amended plan is still |
unfeasible on its face bc liquidation in 5.1 requires 100% |
repayment and only paying 3% [$53] to GUC |
4/12 court - went to 5/3 to get plan fixed and file sign pages that |
match date docs filed [told on record that schedules/SOFA signed |
3 weeks before docs filed suggest D signed without seeing |
schedules/SOFA] |
4/24 - Amended petition, schedules and SOFA filed on 4/17 with |
signature pages on that date but the plan is NOT fixed |
24-03246
Ramirez
Socorro
FERNANDO R |
CARRANZA & |
ASSOC |
See Notes
Trustee Motion to Examine Fees of Fernando R Carranza |
Fernando R Carranza is ordered to disclose to the court all fees he |
received in this case. Attorney fees for Fernando R Carranza in |
this case are denied and Fernando R Carranza is ordered to |
refund all attorney fees received from the debtor. The refunds |
pursuant to this order shall be made within 15 days of the entry of |
this order, payable to the debtor and provided to Glenn Stearns, |
Trustee to forward to the debtor. This matter is set for status on |
May 3, 2024 for Fernando R Carranza to demonstrate compliance |
with this order. |
B2030 and CARA filed on 3/28 [#20] but CARA is dated 3/27 [3 |
weeks after case was filed] and only electronic signature |
B2030 dated 3/27 [$3300 PIF] so big ? is when was $3300 paid to |
the atty by the debtor?? NEED DOC to support paid before case |
was filed on 3/6 or atty violated lots of rules by accepting $ for fees |
directly after case was filed |
And SOFA has payment but the date field is empty |
4/12 court - US T agreed that CARA not being signed/filed until |
after case filed raises possible 526 violation - absence of written |
fee agreement at filing - also inconsistencies btw fee agreement |
and SOFA and need doc of when $3300 was paid to atty |
24-03246
Ramirez
Socorro
FERNANDO R |
CARRANZA & |
ASSOC |
Order Scheduling
See Notes
Order Scheduling (RE: 15 Motion for Examine Fees). Fernando R. |
Carranzas Response due by 4/26/2024. |
23-12745
Schuh
Laura
Confirmation |
Hearing & TMD |
See Notes
Recommend plan docket #33 & WD TMD if objection to IRS POC |
is sustained |
23-12745
Schuh
Laura
Objection to Claim |
with Notice of |
Hearing |
No Position
Debtor's Objection to Claim(s) 33 of the Internal Revenue Service |
The Internal Revenue Service is determined to have a priority |
claim of $61,185.60 for taxes and interest based on filed |
2020-2022 returns and a general claim of $21,214.19 for taxes, |
interest and penalties based on filed returns for tax years |
2017-2019. |
As of 4/11 - No amended POC by IRS but Dave DeCelles |
appeared at court on 4/12 |
23-15203
James
Anthony
Confirmation |
Hearing & TMD |
See Notes
12/13/2023 Meeting concluded. Owes IRS around $45k and IDOR |
around $15k. Need amended POC for IRS. Under 10% |
1/4/24 - Current; must resolve IRS POC [17, 18, 21, & 22 |
estimated]; need amended E for IDOR with POS and need IDOR |
POC before confirming so 3/29 |
TMD set for no amended E/F for notice to IDOR, need IDOR POC |
filed & amend plan that funds amount owed to IDOR |
3/22 - Current; IRS POC resolved but no notice ever given to |
IDOR and plan doesn't reflect $15K owed to IDOR per D test at |
341; IDOR POC filed today but has 21 not filed/unknown and 22 |
estimated so 5/3 to resolve |
4/18 - Current but still need IDOR POC resolved |
23-16044
Harris Sr
Dwight
See Notes
Recommend plan docket #34 if IDOR objection sustained |
SLS objection - Notice of WD filed on 3/29 [docket #31] |
23-16044
Harris Sr
Dwight
Objection to Claim |
with Notice of |
Hearing |
No Position
Debtor's Objection to Claim(s) 20 of the Illinois Department of |
Revenue |
Debtor did file 2020 taxes and owes $240. |
It is determined that the Illinois Department of Revenue has a |
priority claim of $806.62 based on filed 2020, 2021 and 2022 |
returns. |
24-00479
Eskridge
Darrell
Objection to Claim |
with Notice of |
Hearing |
No Position
Debtor's Objection to Claim(s) 4 of the Internal Revenue Service |
2018 taxes are now filed. |
The Internal Revenue Service is determined to have a general |
claim in the amount of $1,900 based on a filed 2018 return. |
24-00716
Shipp
Qiana
Recommend
Recommend plan docket #26
24-00829
Abreu
Carolina
Recommend
Recommend plan docket #18
24-01191
Buerger
Michael
Recommend
Recommend plan docket #25
24-01195
Rodriguez
Patricia
Recommend
Recommend plan docket #6
24-01269
Vazquez
Valerie
Recommend
Recommend plan docket #25
24-01424
Furman
David
Recommend
Recommend plan docket #20
24-01526
Ordonez, Jr.
Oscar
Recommend
Recommend plan docket #25 |
Foxmoor Townhome objection - Notce of WD filed 4/2 [doc #28] |
24-01592
Martinez, Jr.
Juan
Recommend
Recommend plan docket #6
24-01699
Velazquez
Cynthia
Recommend
Recommend plan docket #6
24-01747
Cantua
Brian
Confirmation |
Hearing & TMD |
3/13/2024 Meeting concluded. Schedule I- Works trade shows and |
goes on unemployment whenever there is not a trade show. |
Storage unit is month to month. |
4/3 - No $; go to 5/3 to be past bar and set TMD if still $ issue |
4/23 - NO $$; could REC plan doc #19 with $$; gave to JK for |
TMD |
Without $- seek dismissal |
24-01824
Negron
Luis
Meeting concluded. Amend 3.1 and Schedule D for street name. |
Should be Orchard not Archer. 122c-2 #16 should be $1622 |
according to C/A. 341 notes said 100% plan but it is 70% plan |
4/2/24 - On PC; need secured claims filed in order to verify CMI |
pot amount met in 60 months and need plan/D amended to correct |
street name so 5/3 |
4/24/24 - On PC; both secured claims filed, plan doesn't quite |
meet CMI pot with arrears on mortgage claim so need amended |
feasible plan that also corrects street name for real estate in Part |
3.1 |
FYI - No amended D is needed bc claim filed |
24-01917
Sotelo
Enrique
Recommend
Recommend plan docket #7
24-02824
Martinez
Uriel
See Notes
Recommend plan docket 20 IF PC HAS STARTED
24-02825
Dumas
Deborah
Recommend
Recommend plan docket#6
24-02942
Eno
Christina
Continued
No amendments required but go past Ma 9 bar date b/c 122C2 |
requires up to $270K and only $22K is scheduled. |
5/17/2024 10:00:00AM
24-02944
Wingfield
Alfonse
Continued
122C2 and equity require 100% by huge margin so go past May 9 |
bar date. |
Requested copy of 2023 1120S. Debtor has S Corp trucking Co |
w/no EEs, no debts, no commercial space, operates out of |
residence. Always drives for R Cavenaugh, Revenue on I 8a, |
expenses on J 12/J21 are accurate, Alex will explain to David |
Lugardo the correct way to disclose income from S/E. |
5/17/2024 10:00:00AM
24-02964
Rodriguez
Jorge
See Notes
4/3/2024 Meeting concluded. Owes IRS ~8K. Need POC. DSO- |
Yes, court ordered, not current- claim filed for $1,237.53, payroll |
deductions have started. Need document for TBTE. Amend for |
plan payment being $135 more than disposable income. Step |
payment is when child support is paid off. |
4/24 - On PC; amended J filed so disp = $650 but need IRS and |
Mortgage POC's so prob continue |
24-03141
Henry
Ditra
Recommend
Recommend plan docket #7
24-03001
Daniel
Shana
Moot
Voluntarily Dismissed 4/12/24
24-02726
Lacey
Laurena
See Notes
4/3/24 - 341 meeting not held; missing 2022 taxes; need proof of |
all income. |
4/24 - Still need 2022 W&I transcript |
Sc I has $2931.38 net income from rental or business and no |
documents rec'd to support this income - need leases at least |
FYI 3 objections to confirmation |
24-03118
Ginter
Christina
Moot
Case Reassigned to Lydia Meyer
24-02313
Thomas
Shari
Confirmation |
Hearing & TMD |
3/20/2024 -Meeting Concluded. Car purchased about 3 months |
before filing and only made 1 plan payment; No DSO; NO RE; |
Amend J rent is $1752; Amend plan fund car claim and proper |
future interest - show need $34,543 at 8% interest and $600 set to |
complete in 60 but creditor may object to interest rate; can remove |
2.3 tax returns/refunds as long as funds 10%; move student loan |
from 8.1 to 5.2 and match creditor name per POC; Debtor will |
make 1st plan payment tomorrow via TFS |
4/10 - No $ and no TFS account set up; need amended J and |
plan; if not ready to rec, then go to 5/3 and set TMD |
4/24 - NO $; TFS set up but 4/12 payment failed so suspended |
and need amends [J, amend plan and feasible plan] -gave to JK |
for TMD |
FYI - car purchased 3 months bf filing and only made 1 payment |
and now car thru plan and no payments since filing in Feb |
TMD set for no amended J, plan, unfeasible plan & default |
23-16258
Little
Sharise
JOHN J LYNCH
Confirmation |
Hearing & TMD |
Seek Dismissal
1/3/24 - 341 meeting not held; need proof of all income. |
TMD set for no 341 / pay advices. Sch I employment and $900 |
rental |
Debtor provided 2 expired leases for unit 1; finally a current lease. |
Nothing for unit 2. Negative cash flow if only one rented. |
Nothing adds up or makes any sense -Sch I only has $900 rental |
income |
Feb 23 for docs to be provided/amended I to be filed and 341 to |
be held |
BAR DATE PASSED W/O MORTGAGE CLAIM. |
341 Meeting concluded 2/21/24 at 11:00 a.m. |
Amend A for correct value, Debtor paid $425K in 2021 ($275K on |
A) and correct address 8340 S Manistee, Chicago 60617 (two unit |
rental). |
Amend I, D is NLE, now has 2nd renter. Unit 1 $1400, Unit 2 |
$1650, mortgage payment $1629. $1421 Gross rental income. |
Plan does not fund liquidation amount in 5.1. |
Amend Plan to provide for HUD. No POC for surrendered 2020 |
Kia, debtor states she may want to keep it, if so, son must pay for |
2017 Kia. - POC was filed |
TMD set for no amended A/B, I, plan, unfeasible plan, need copy |
of closing document for purchase of real estate in 2021 & need |
current mortgage statement |
3/26 - Current; need amended schedules A and I; need amended |
plan that corrects liquidation based on correct value and funds it; |
atty filed mortgage POC so need mortgage statement/bill and |
need copy of closing doc for purchase of RE in 2021 - agreed to |
5/3 |
341 docs - CMA 315K and mortgage statement $256K owed so |
$16,072.20 liquidation amount |
4/22 - Current but still no amends |
24-01166
Johnston
Thomas
JOHN J LYNCH
See Notes
Amend SOFA #4 for correct income for D2. |
IRS Claim 2020 21 22 not filed for D2, all filed in Jan per Debtor. |
2023 not filed for both, not filed yet per Debtors. Need amended |
IRS claim before confirmation. Must be 100% no matter what per |
122C2. D1 states sent 1st payment via TFS. |
3/12 - Current; need amended SOFA; need IRS POC resolved; go |
past bar deadline to 5/3 |
4/22 - Subst current thru March; amended SOFA filed but IRS |
POC must be resolved; plan is not feas with that claim |
IF NO AMENDED POC BY 4/29, THEN CONTINUE |
24-03053
Egan
Donald
JOHN J LYNCH
Continued
4/3/24 - 341 meeting continued to 5/8/24 at 12:00 p.m. |
Confirmation continued to 6/7 |
6/7/2024 10:00:00AM
24-02929
Howard
Richard
Continued
4/3/24 - 341 meeting continued to 4/17/24 at 10:30 a.m. |
4/17/24 - 341 meeting continued to 5/8/24 at 12:00 p.m. FINAL |
date. |
5/17/2024 10:00:00AM
24-03248
Oglanian
Mark
MATTHEW C |
BAYSINGER |
LAW OFFICES |
See Notes
4/3/24 - 341 meeting not held; need proof of all income. |
Contribution affidavit must be signed by the son |
23-17331
Custable-McGowan
Kelli
MSF LAW
See Notes
341 notes: Case must be 100% w/ interest due to liquidation. As |
scheduled, case would not be feasible in 60 months, continue past |
bar date. Amend Sch I: debtor started new job a few weeks ago |
at Rohrman Auto Group, will be making $25/hr minimum 40 |
hrs/wk. Need new pay stubs. NEED P/C (6th case in last 8 yrs, |
per GBS debtor has history of getting new jobs and not retaining |
them). |
Amend Sch A/B for possible PI suit, debtor in car accident and has |
retained attorney. Amend 2.4 to capture any non-exempt |
proceeds from that lawsuit. |
Resolve IRS POC (2021 unfiled). Stated she did not have income |
in 2021, requested wage & income. |
Objections by Country Club Estate & BMO Bank |
3/18 - On PC; need TMD with BAR -need amended I and current |
stubs from new job; have PC but plan payment is WAY |
understated -would have to be $2900 per month - plus rent/mort |
exp on J and in plan is only $600 - per mortgage POC $1362.3 per |
month |
POC Arrears $83K in last case & dismissed with bar in 8/22 so |
clearly would be subst higher and scheduled HOA as unsecured at |
$0 when secured POC filed in last case; no notice DuPage co |
treasurer or american Fidelity Mortgage who filed POC's in last |
case |
Taxes appear to have been paid by Frank Custable [receipt only in |
that name] SOFA #1 says not married - taxes paid by mortgage |
co |
TMD WITH BAR REQUEST FILED ON 3/21/23 |
4/11 - On PC; amended I filed and stubs rec'd for new job and |
amended J has correct mortgage payment now; amended plan |
#33 is not feasible bc: |
1. BMO claim has not been amended to account for $75K paid |
post-petition |
2. 2nd mortgage filed late claim but atty must allow bc no notice to |
them when they clearly had a claim in the last case so should have |
been listed |
4/22 - On PC; amended plan docket #44 looks Ok but need: |
1. Amended I/J that shows she can afford the $2100 payment |
2. Need amended POC filed by 1st mortgage, BMO, that is close |
to what is in Part 3.1 of the plan |
3. Need motion to allow claim #18 granted - motion set for 5/3 |
4. Affidavit from boyfriend - gift of $75K to D [gift payment made |
directly to mortgage co post filing] |
23-17331
Custable-McGowan
Kelli
MSF LAW
Motion Dismiss |
and Bar Debtor |
from Refiling |
See Notes
Trustee Motion to Dismiss and Bar Debtor from Refiling |
341 docs: 2021 W&I transcript Letter from PI Atty & new job stub |
Amended I/J - disp $1821 and if anything income overstated so |
OK |
taxes pd by mortgage so that is why they weren't noticed |
amended plan will include 2nd - just need motion to allow 2nd mort |
POC |
Need gift affidavit from boyfriend |
Atty will amend plan after 1st mort amends POC to account for |
$75K |
paid post -pet and this is reason that PC OE $2100 |
go to 5/3 to resolve all of this |
23-17331
Custable-McGowan
Kelli
MSF LAW
No Obj
Motion to Allow Claim(s) #18 of American Fidelity Mortgage |
Services |
Did not receive notice. American Fidelity filed POC on 4/3/24; after |
the bar date. Wants debt thru the plan. |
24-00032
Hoepfner
Peter
MSF LAW
Confirmation |
Hearing & TMD |
Recommend
Recommend plan docket #27 |
Objection by Carrington - Notice o WD filed 4/22 [docket #29] |
24-00316
Hughes
Christine
MSF LAW
Recommend
Recommend plan docket #25 with entry of Minute Order #29 |
New Rez/Shellpoint objection - Notice of WD filed 3/28 [docket |
#26] |
24-02667
Palmer
David
Continued
Amend I for new job for D2, was let go from past job due to them |
not having any hours available for her (was part time). New job |
Rosin EyeCare @ $19/hr at 40 hours a week. Will need new stub |
once received, starts 4/8. First paycheck should be 4/26. Amend G |
for residential lease and for car lease with budget ($1k a month). |
Sold car back Carmax and used $9k to catch up on back rent. |
Amend 6.1 to keep car lease with budget (or surrender if that’s the |
plan). Continue past bar 5/6, 100% plan. |
4/24 - Need April plan payment [nothing pending in TFS]; need |
amended schedules G & I along with pay stubs from new job and |
amended plan and need to continue past bar deadline so 6/7 |
FYI - need IDOR and IRS POC's |
6/7/2024 10:00:00AM
24-01568
Smith Jr
Casell
Amend Plan 3.2 for secured amount for Easy Acceptance. |
Amend Plan 5.1 for correct liquidation - $127K |
Amend Plan 8.1 to add the word protection AND to pay interest to |
unsecured creditors. |
Go past April 15 Bar Date. |
4/23 - On PC; need amended plan for above; Tina filed the DSO |
claim but need to file HOA claim if want them in plan bc they didn't |
file a POC- sent email |
24-01464
Loan
Toni
Recommend
Recommend plan docket #2
23-13551
Acas
Danielius
Confirmation |
Hearing & TMD |
Seek Dismissal
11/8/23 - 341 meeting not held; missing taxes and pay advices. |
TMD set for no 341 meeting, taxes, pay advices & default |
NO money yet; TFS to start on 12/7 but won't post until after 2nd |
payment comes due so will still be default and wont set new 341 |
until current on plan payments |
Schedule I has them listed as employees, not as self employed, |
but no deductions for either of them and based on tax returns, the |
are self employed but Sch I doesn't have them listed that way and |
none of the self employment docs provide; all we got was 2 stubs |
for D on 12/5 [after the 45 days had expired] from Lea Foods Inc |
[8/1 & 10/2] that show $4709.69; and still nothing to support NFS |
income on I - docs raise more ?'s than answers and don't have all |
-past 45 days where proof of all income rec'd in 60 days before |
filing is to be provided under 521i so case should be auto |
dismissed |
FYI - have all tax docs but just provided on 12/6 |
Judge did NOT dismiss under 521i bc atty proved basis to extend - |
atty medical issues; go to 1/12 for money to post and all docs |
provided and then reset 341 |
1/10/24 - BOH makes current thru Jan; have taxes, bus docs and |
pay advices -still lot of ?'s and barley enough to hold a mtg but |
maybe clearer if get some answers - DT to give new341 date |
Confirmation will go to 2/9 |
341 meeting continued to 1/31/24 at 12:00 p.m. - Meeting |
Concluded. Need full 6 month documentation/P & L's or detailed |
accounting of some sorts to verify 122C-1 income is correct and if |
schedule I is different, then need docs/explanation; Tax liability for |
prior years was small and debtor got a refund so schedule J tax |
escrows seem extremely overstated; will ultimately need an |
amended plan for check box in part 1.1 and 3rd box to also be |
checked in part 5.1. Want 23 tax return and 1099's/W2's rec'd. |
Wife's business very cash based - not a certified therapist but |
more of a life coach in the Lithuanian community so many people |
pay her in cash. Agreed to continue confirmation to 3/8. |
TMD [#37] set for no amended J, plan, need full 6 months of |
income documentation to verify 122C-1 and Schedule I & need |
2023 tax return with copies of all W2's/1099's |
3/4 - Current; nothing resolved in TMD yet but debtors meeting |
with their tax preparer in 2 weeks so go to 4/12 |
TMD [#20] for NO 341 was WD on 3/8/24 |
4/4 - Current but still need all issues in TMD resolved |
Understand atty might not have 23 tax return and all 1099's/W2's |
yet and might be waiting to file amended J/plan for that but no |
reason that 6 month CMI period income docs haven't been |
tendered [new this requirement since 341 held on 1/31] |
Case filed in early Oct - gave MY final date to atty - 5/3 |
4/22 - Less than one month default but same issues since 341 |
24-01113
Labinskis
Agne
Confirmation |
Hearing & TMD |
2/28/24 - 341 meeting not held; missing taxes and pay advices. |
341 meeting continued to 4/3/24 at 12:00 p.m. |
3/25 - No money yet but 2 payments scheduled in TFS [pending |
$265 started 3/21 and $265 to start on 3/25]; confirmation to go to |
5/3 |
341 meeting concluded 4/17/24 at 11:30 a.m. |
Bad faith filing, bad faith budget, bad faith plan. |
Debtor pulled $64K equity out of her home Oct 3 2023 and spent it |
all in October while she was insolvent ($100K in unsecured debt). |
Spent it on trip to Hawaii and claims to have substantially |
remodeled her home, all paid in cash, while she was insolvent. |
See post 341 docs folder. |
NFS income is understated by $4K/month on 122C1 and Schedule |
I. Schedule J is bloated $1000 for NFS "bills" and $425 for |
entertainment and children's activities with a $265 plan payment. |
Advised D ATT that we need to see a plan that treats the $64K she |
pulled out of the home equity as paid to unsecured creditors. |
Amend 122C1 and I for NFS correct income $8666/month gross. |
Will be above median. |
Document NFS car payment including loan term. Tighten up |
budget. |
341 docs - home remodeling receipts all paid in cash |
4/25 - Default [just due]; need amended sch I [NFS income double |
amount] and amend J [bloated budget but will be means test case] |
and 122C-1 [NFS is $2K per wk G] and 122C-2; either way, must |
fund refi amount to unsec per bad faith and amend plan 60 and |
check 3rd box] - gave to J for TMD |
TMD set for no amended I, J, plan, 122C-1, file 122C-2 & default |
23-15075
Bowling
Russel
Confirmation |
Hearing & TMD |
Recommend
Recommend plan docket #35 |
Americredit Objection to Confirmation - rec'd email - resolved |
23-17312
Elliott
Nicholle
Confirmation |
Hearing & TMD |
Seek Dismissal
Amend plan to provide for HUD. 2021 and 2022 taxes are not |
filed per IRS claim. |
100% Plan, March 7 Bar Date. No mortgage claim as of Feb 15. |
TMD set for propose feasible plan; amend plan; resolve IRS POC |
and default |
3/25- One month default [Feb]; need IRS POC resolved and need |
amended feasible plan; agreed to 5/3 - atty setting objection to IRS |
POC |
4/22 - Will be 3 month default by court date; debtor has only made |
1 of 4 plan payments due; TFS account suspended 5 failed |
payments and last one was canceled; IRS POC resolved but |
amended plan docket #22 is still unfeas by about $1800 with |
claims filed |
23-17312
Elliott
Nicholle
Objection to Claim |
with Notice of |
Hearing |
See Notes
Debtor's Objection to Claim(s) 3 of Internal Revenue Service |
Debtor has prepared her 2021 and 2022 Taxes. |
The priority portion of Claim 3-2 is allowed $1,425. The general |
unsecured portion of Claim 3-2 is allowed $3,537.96. The secured |
portion of Claim 3-2 is allowed $0. |
Should be WD as IRS filed amended POC - per debtor's records |
23-17312
Elliott
Nicholle
MLS/MLCODS
No Position
Residence at 707 HIGH RIDGE RD., ROSELLE, IL 60172 Filed by |
UNITED WHOLESALE MORTGAGE, LLC; Direct Pay; Scheduled |
arrears $6,032.27. Order OK |
3 month default, due date 27th |
24-00276
Almond
Demonte
Confirmation |
Hearing & TMD |
2/14/24 - 341 meeting not held; need proof of all income. |
TMD set for no 341 meeting, pay advices & default |
Need P & L for business income and no $ [2 payments due as of |
court date - had benefit of stay for 60 days without making a |
payment] |
Motion to extend stay was set for a 1/19 and was stricken so |
NO STAY in this case and too late to fix but per CK - car creditor |
wants to get better treatment and let case get confirmed so OK w/ |
no stay |
FYI - TFS to start on 3/7 for $875 |
Let P & L issue go - he just does Shipft [delivery of groceries] and |
not really P & L type of business |
Go to 3/29 for a 341 to be held but if TFS fails or is canceled, then |
case sb dismissed on 3/29 and if clears and 341 held, then need |
March plan payment, which is due already, to at least be made |
3/8 court- go to 3/29 for money to post and 341 to be held |
341 meeting continued to 3/20/24 at 10:30 am. |
Amend G for apartment lease. Cornerstone in 5.2 is a student |
loan. IRS POC needs to be amended since estimated 2023. Shipt |
weekly. $300-400/week. Consistent around $300, but can |
fluctuate. Workers compensation. $2k a month net. Not aware of |
how long left he has on it, been on it since august. Will be |
returning to work eventually. Amend plan 7.1 per CA, amend plan |
4.5 for c/s - Plan must have language in Part 8.1 that Debtor will |
file an amended schedule I and provide a paystub to the trustee's |
office within 30 days of returning to work |
3/25 - One month default [first plan payment over a month after it |
was due and 2nd plan payment was due on 3/8; if cont April will be |
due]; 341 just held so prob continue for amends and for IRS POC |
to be resolved - agreed 5/3 to be current thru April & be ready to |
confirm |
4/22 - One month default [April was due on 4/8]; need IRS POC |
resolved and need amends [G and plan] - gave to JK for TMD |
TMD set for no amended G, plan, resolve IRS POC & default |
24-01713
Jiles
Rachel
Confirmation |
Hearing & TMD |
Seek Dismissal
3/13 341 mtg- need copy of 2023 taxes. Need amended I to |
disclose employer. Check box 3 section 5.1 |
TMD set for no amended I, plan & default |
4/11 - NO $$ yet; need amended plan [5.1 box 3 checked and |
remove 8.1 or increase to $169 and increase set - plan running 58 |
with scheduled creditor amounts so set and 8.1 together must |
complete in less than 58] and amended schedule I |
4/12 court - atty says PC has started, D will make a TFS direct and |
amends just filed |
4/23 - No $ yet; amended I filed but no amend plan; no TFS |
account set up and no PC rec'd yet; still need amended plan [see |
above]; IRS POC has typo - says $1883.51 total claim in #7 but |
then priority is 13,971.64 and 410 attachment supports that |
amount - sent IRS claim filer an email to fix/amend; If IRS priority |
amount is correct, then plan is NOT feasible |
24-01726
Williams
Natalie
need copy of 2023 taxes. Works at temp agency so only |
deductions are for taxes. Direct chassis is the company shes at |
but agency shes paid thru is crg corp. income ok per testimony |
4/4 - ON PC; rec'd 2019 tax return; NEED CAR POC to confirm |
and need amended plan that deletes 8.1 [plan should give 10% in |
36 and set in 3.2 taking full 36 so can't have 8.1]; agreed to cont to |
5/3 - |
Prestige Financial Objection - many issues |
4/23 - On PC; car POC filed along with objection; need amended |
plan |
24-01808
Bittig
Kristine
check schedule I, income appears understated per stubs provided. |
Per testimony income fluctuates based on OT. Currently OT is |
slow but in summer and nice weather they get more OT. 401k loan |
has 4 years 11 months left. Plan 2.2 check a box |
4/2 - Current; based YTD Pactiv 12/29 check, income is |
understated by about $600 [G $62617 so $5218G Net monthly |
after all YTD deductions - $3316N; Schedule I has G $4740 N |
$2712] - Amend I; IRS POC came in higher so plan payment must |
increase anyway and need box checked in 2.2 BUT NEED CAR |
POC FIRST; agreed to 5/3 |
Prestige Financial objection to confirmation - atty fees, set & ADQ |
protection and interest rate |
4/24 - Current; car POC filed and is higher so plan is unfeasible |
due to car claim and IRS POC; need amended Sch I and amend |
plan to fix 2.2 and to resolve Prestige objection |
24-01925
Banzon
Riccico Xavier
Confirmation |
Hearing & TMD |
3/13/24 - 341 meeting not held; missing taxes debtor 2, pay |
advices. |
Schedule I has D2 at Glenn Ellyn Hospitality |
affidavit no income Jan 24 but what is current income - need |
current stubs - Kinseth Hotel and Glenn Ellyn Hospitality stubs end |
in Dec |
Atty provided current stubs for Glenn Elly so does both |
TMD set for no 341 meeting, 2019 taxes for D2 & pay advices |
4/10 - Have current stubs from Glenn Ellyn and Kinseth and have |
D2 2019 return so cont confirmation to 5/3 for a 341 to be held |
341 meeting continued to 4/17/24 at 11:00 a.m. |
4/17/24 - 341 meeting concluded. |
All taxes filed. Owes IRS $1500. No DSO. |
Purchased R/E December 2022 $345K/$449K Redfin/Comps. |
Property taxes escrowed. |
All income ok. D1: $1400-$2000 biweekly. D2: $2900 biweekly. |
2nd Job ~$730/mo |
Sent TFS Payment again on 4/12/24. |
4/24 - Current; need amended plan for: |
1. Remove Affirm from 3.2 - filed as unsecured |
2. Should add mortgage arrears to Part 3.1 since claim filed has |
arrears and you are amending the plan anyway |
3. Part 6.1 must amend to mark by Debtor [NOT trustee] |
FYI - still funds OK with these changes |
24-02725
Turner
Alicia
See Notes
4/3/24 - 341 meeting concluded. |
All taxes filed. Owes IDOR $500. No DSO. No R/E. |
Income ok. ~$1300 biweekly. |
Showing other income on 2021 taxes - unsure from where. Need |
tax schedules. small amount and from misc 1099 so OK |
$ deducted again from paycheck 3/28/24. |
4/24 - On PC; car claim came in higher so need set of $550; could |
fix by MO |
24-02764
Green
Jasmin
See Notes
4/3/24 - 341 meeting not held; need proof of all income. |
Amended I says works at Quality First Child Care $1300 |
Rec'd ltr from employer saying pays $300 cash weekly |
Rec'd proof of cash benefit from state of IL $511 only when I says |
$1654 govt assistance - atty says rest is link and trying to get proof |
of gov't assistance with her name on it |
Sch I contributions says $0 but we got pay advices that are in |
contributor's name and have affidavit - atty says contribution will |
not be on schedule I - this is old info |
24-02806
Mendoza
Filbert
See Notes
4/3/24 - 341 meeting concluded. |
All taxes filed. Owes IRS $617. No DSO. No R/E. |
Income ok. Average $1700-$1800 biweekly. |
Debtor has 2 checking accounts. Both have $0 in them. |
Worked for Village of Streamwood for about 5 months prior to |
current job. |
4/24 - Current; need all Village of Streamwood pay stubs rec'd |
during CMI period to verify 122C #2 and need Car POC - maybe |
5/17 |
24-02857
Taylor
Veronica
Continued
4/3/24 - 341 meeting not held; need proof of all income |
4/24 - On PC and I think have enough to hold the mtg - Workwell |
appears to be a 1099 and have amounts paid so - doesn't appear |
to really have a business so 6/7 for 341 to be held |
6/7/2024 10:00:00AM
24-02992
Smith
Jada
4/3/2024 -Meeting Concluded. No amends needed but car POC is |
a mess [$0 secured but lists car and says perfected lien and only |
$2989.18 unsec but claim is $29,863.79]; debtor atty is to reach |
out to get POC fixed; Debtor says 1st payment made via TFS and |
PC starting soon |
4/24 - On PC; can't confirm until car POC is fixed |
24-03020
Wheeler-Womack
Evelyn
Continued
4/3/2024 Meeting concluded. Amend 5.1 for liquidation of $96,115. |
Requires 100% plus interest. Move Bridgecrest to 3.2. Monthly |
pmt does not pay the claim in full within the estimated plan term. |
Amend 3.1 for Carrington mortgage arrears of $1,959.05 per POC |
filed. UPS income is overstated. Debtor had reduced hours and |
plans to work full time going forward. Need to P/AS or amend I. 9B |
on 122c-1 is understated by $195. Conf needs to be past bar date. |
Datty asked for 5-17. |
5/17/2024 10:00:00AM
24-03299
Burnett
Leandre
Confirmation |
Hearing & TMD |
4/3/24 - 341 meeting concluded. |
All taxes filed. Owes IDOR $13K. Owes IRS $42K. No DSO. |
Need Amended IRS POC showing 2019 and 2023 taxes are filed. |
Purchased R/E 2011 $725K/$750K Comps. Property taxes |
escrowed. |
No vehicles in his name. Uses Uber/bus/cab. |
Income ok. D: $3226 biweekly. NFS: self employed boutique |
selling clothes online. ~$10K a month. Burnett Investment group |
LLC - no longer/no income. 100% Plan. If amending plan - can |
delete monthly payment for arrears in 3.1. |
US Bank objection to confirmation - sale happened before case |
filed |
4/24 - No money and 2nd payment due right after court date; |
amended IRS POC still has 23 estimated; will need to go past bar |
deadline but TMD now due no $$ - gave to JK |
TMD set for no amended plan, unfeasible plan, resolve IRS POC, |
need IDOR POC filed & default |
24-03299
Burnett
Leandre
MLS/MLCODS
No Position
Residence at 795 N Kenilworth Ave, Elmhurst, Illinois Filed by U.S. |
Bank National Association; Direct Pay; Scheduled arrears $135K. |
One month default, due date 6th; order OK |
Confirmation 5/3/24; no money yet |
24-03299
Burnett
Leandre
Motion Extend |
Automatic Stay |
Object
Chapter 13 BK 23-09574 filed 7/24/23, Dismissed 1/12/24 for |
default |
In prior case, debtor had gotten sick and was off work for a short |
period of time. NFS fell sick after him and he incurred medical |
expenses which Debtor and his spouse had to pay out of pocket. |
Now all medical expenses have been paid and he's able to afford |
payments again. |
Affidavit, Prior/Current Sch I and J attached. |
Proposed PC order on docket #17 so obj resolved |
Creditor appeared - property is sold prior to the case was filed |
FYI - NO $$ recd yet; case filed on 3/7 and OE for PC not until |
3/28 so clearly the first plan payment must be made direct |
4/12 court - issue is when did auction occur - case filed a few |
minute after 10 am and sale was scheduled for 10 am so creditor |
says no way to know when sale actually occurred and schedule |
time should control |
NO MONEY AND NO PROOF PC HAS STARTED |
24-01316
McNaughton
Danielle
SPRINGER |
LARSEN |
GREENE LLC |
Recommend
-watch for Toyota objection to conf |
24-02889
Najeski
Jon
SPRINGER |
LARSEN |
GREENE LLC |
Continued
341 notes -Requested 2023 taxes to aid in calculation of 122C2 |
#16 which appears to be overstated by about $300. 122C2 line |
33b IS overstated by $160. This will impact plan. Original plan is |
$5K short of funding amount required by original 122C2 before any |
corrections. |
D receives $1075 VA disability, amend to disclose on Schedule I. |
2023 tax returns in 341 docs |
4/22 - Current; 23 tax return provided and tax obligation was even |
less than in 22 so 122C-2 line 16 is overstated by about $300 and |
33b is overstated by $160; need amended 122C-2 and amended |
plan that funds the required CMI pot amount; and amend sch I; |
plan payment will have to increase subst to meet correct CMI pot |
amount and need schedule B,D and plan amended for Hyundai |
Cap on 23 Elantra- D is co-buyer and co-owner of this vehicle - |
agreed to cont to 6/7 |
6/7/2024 10:00:00AM
24-01935
Chatman
Kerry
Confirmation |
Hearing & TMD |
Seek Dismissal
No amendments required at this time. I requested a copy of the |
2022 1040 with schedules. I will probably want to reconvene the |
meeting to discuss it after we receive it. GBS confirmed that 341 |
was concluded [but might be reconvened later] |
TMD set for 2022 1040 with all schedules & provide bank |
statements from date of $40K refund until present |
Santander objection to confirmation - 910; insurance; & = mo set |
4/4 - Current but never rec'd completed 2022 1040 with all |
schedules and never rec'd bank statements from the date of the |
$40K refund rec'd until present; agreed to cont to 5/3 |
4/24 - Current but still don't have documents required at 341 and |
stated in the TMD plus plan doesn't have any treatment for 2 |
secured car claims [Santander and Ally] |
Why didn't disclose 2 secured creditors?? |
NO POC filed by Acceptance now so remove or atty file POC |
Must amend plan to check the 3rd box |
24-01503
Zayas Gutierrez
Alexandra
TANG & |
ASSOCIATES |
LAW OFFICE |
Recommend
Recommend plan docket #17
24-01505
Green
Joseph
TANG & |
ASSOCIATES |
LAW OFFICE |
Confirmation |
Hearing & TMD |
Seek Dismissal
2/28/24 - 341 meeting not held; missing taxes. |
TMD set for no 341 meeting & taxes |
FYI - Nisha represents Wintrust Mortgage and will be filing an |
objection but she is out of town the week of court |
atty says if gets taxes resolved, he will ask for 5/3 date |
AS OF 3/26 - NO TAXES REC'D |
3/29 court - went to 5/3 - rec'd 20,21 and 22 but need 23 [which |
debtor are filing in a week] to reset 341 meeting |
4/23 - Current but no 23 return ever rec'd so no new 341 set |
email sent to D atty [cc DT & MAJ] |
24-02205
Garcia Avalos
Santiago
TANG & |
ASSOCIATES |
LAW OFFICE |
Confirmation |
Hearing & TMD |
Amend G to disclose rental lease with tenant. Amend sched I/J for |
daughters’ contributions of approximately $1600 per month. Per |
testimony they mix it up between sending money directly for |
utilities/groceries and giving debtor cash. Amend 8.1 for interest to |
gucs based on liquidation of both properties. Amend 3.1 to pay |
arrears pro rata. Already sent payment for 2023 taxes, should be |
current per testimony. Continue past bar of 4/26, 100% plan. |
4/25- NO $$; plus amend G and amend plan [need int to |
unsecured] - gave to JK |
FYI - TFS set up but nothing scheduled/pending |
TMD set for no amended G, plan & default |
24-03399
Jordan
Talesha
TANG & |
ASSOCIATES |
LAW OFFICE |
See Notes
4/3/24 - 341 meeting not held; missing taxes. |
Looks like still missing 20 tax return & no $ -DT to file TMD |
23-05216
Dvorak
Dan
THINKING |
OUTSIDE THE |
BOX INC |
Objection to Claim |
with Notice of |
Hearing |
No Position
Debtor's Objection to Claim(s) 3 of Internal Revenue Service filed |
on 2/22/24 for $3,009.78 for 2021 taxes. Letter attached. |
Debtor received a refund for 2022 taxes. They applied $3,007.71 |
of 2022 overpayment to the amount owed for 2021. |
No amended POC by IRS as of 4/18 |
23-05216
Dvorak
Dan
THINKING |
OUTSIDE THE |
BOX INC |
OE converting case from 7 to 13 on 2/12/24 |
3/13/24 - 341 meeting continued to 4/3/24 at 11:00 a.m. Meeting |
Concluded. NO RE. NO DSO. No creditors present. Street name |
should be Springside so must amend petition for that. Amend |
schedule I and 122C-1 for correct income [base salary $98K plus |
incentives; $11K incentive on March paycheck YTD field]; Amend |
plan for schedule I and 122C-1 corrections |
Nissan Confirmation - Notice of WD filed 4/10/24 [#5] |
4/9 - Current; still need amended petition schedule I and 122C-1 |
for correct income; go to 5/3 with obj to IRS POC |
4/22 - Current; amended petition,amended E/F and I filed along |
with amended 122c-1 and 12C-2; plan doc #62 filed on 4/20 [after |
I sent email about feas issue last week increases payment but still |
to feasible at 100% in 60 months] -another email sent to D atty - |
issue is that claim #10 is consolidation of student loans and being |
paid direct so must move to 5.2 of the plan and amended J to |
show direct payment on student loan |
24-00068
Lozano
Martin
Seek Dismissal
1/31/2024 Meeting concluded. 4th case since 2019. $147K |
arrears. |
If plan is amended, pay arrears pro rata. |
NEED TMD W/BAR NO $$. Two prior cases "paid in full" b/c stay |
lifted right away. |
Will be 2 month default by 3/8 - TMD with bar set for 3/8 |
3/5 - Proposed PC order on docket so 3/29 for the TFS payment to |
post and prove PC started or have another payment made direct |
3/26 - One month default with next payment due right after court |
on 4/2/24; $2618 scheduled in TFS to start on 3/29; need proof |
that PC has started |
FYI - Mortgage POC not filed by bar deadline so atty filed POC |
-still American Financial but my understanding is that mortgage |
was transferred so not sure have good notice of that claim is |
correct |
- agreed to 5/3 to be current thru April and PC started and proof |
Feb, March and April mortgage payments made/accepted |
4/22 -One month default with May officially due the day bf court; |
$2618 scheduled to start on 4/29 but NEED PROOF PC HAS |
STARTED; don't see clerk's notice to creditor; AND NEED |
PROOF ALL MORTGAGE POSTS MADE TO DATE [FEB-APRIL] |
FYI - Emailed Team - never sent out notice re atty filing POC for |
mortgage |
24-00068
Lozano
Martin
Motion Dismiss |
and Bar Debtor |
from Refiling |
Seek Dismissal
Motion to Dismiss and Bar Debtor from Refiling |
$2618 payment started on 2/29 in TFS [problems are 1. Only 1 |
payment when 2 due; 2. it has not cleared & 3. It is almost a |
month late]; FYI - the next payment is not scheduled until 3/29 so |
again the 3/24 payment is going to be almost a month late. But |
most importantly, this is the 4th case since 19 and the mortgage |
arrears have grown |
3/26 - One month default [March payment due on 3/2 hasn't been |
rec'd yet and per TFS, payment won't START until 3/29] and April |
due on 4/2; first payment was 35 days late and now 2nd payment |
will be about the same so problem in a 4th case since 2019; PC |
OE 3/6 - any deductions yet? |
4/22 - One month default for plan payment due on 4/2; no PC rec'd |
yet - any deductions yet?; TFS $2618 scheduled to start on 4/29 |
24-00418
Maloney
Michael
Confirmation |
Hearing & TMD |
Seek Dismissal
2/14/24 - 341 meeting continued to 2/28 at 11:30 a.m. - Meeting |
Concluded. No amends at this time. Confirmation to go to 4/12 to |
be past the bar deadline as CMI pot requires 100% by a large |
margin; Need IRS and 1st mortgage POC's before confirming; |
debtors have not made the first plan payment - waiting for PC to |
start but told debtors/atty that 1st payment already due a couple of |
weeks ago so must get one payment direct |
TMD set for unfeasible plan, proof of payroll deductions, resolve |
IRS POC & default |
4/10 - Will be 1.5 month default by hearing date but PC finally |
posted on 4/9 but plan is unfeasible with claim filed and IRS POC |
must be resolved |
4/25 - 1 month default but on PC; still need IRS POC resolved [23 |
estimated] and still need feasible 100% plan |
24-01898
Grimaldo
Juan
VW LAW LLC
Confirmation |
Hearing & TMD |
See Notes
341 not held on 3/13/24 due to missing 2020 taxes & pay advices |
341 meeting continued to 4/17/24 at 12:00 p.m. Meeting |
Concluded. Need amended signature pages with dates signed - D |
did testify signed when met with atty to review schedules/SOFA; |
Need to amend E/F to add IRS and IDOR and file POS [debtor |
says doesn't owe but says IRS/IDOR says he does owe]; need |
amended signature pages with dates and with all amendments; D |
is no longer self employed; he has a FT job at LA Fitness - will be |
40 hours at $22 after training so confirmation will have to be |
continued again for him to be past the training and have a full stub |
to tender; Debtor thought no plan payment until this meeting - |
explained 2 due; he will get one in ASAP and another one soon |
Continue confirmation to 5/3 and set TMD if no $ |
4/24 - No money but TFS pending for $357; SOFA signature page |
dated 3/7 was filed on 4/17 [doc 38] but I don't see a 106D |
signature page for the schedules that was signed by D when |
schedules were filed in March; still need to amend E/F to add IRS |
and IDOR and file POS of notice to them; amend schedule I and |
file another 106D for date he reviews/signs amended schedules I |
and J and will need post training paystub so 6/7 if 106D for orig |
schedules filed date and amended E/F with POS for IRS & IDOR |
are on the docket. Gave to JK to file TMD |
TMD set for no amended I, J, E/F for IRS and IDOR and file proof |
of service, need 106D signature page for March schedules filed, |
paystubs for new job & default |
24-02793
Sitar
Yolanda
VW LAW LLC
See Notes
Apr 3, Meeting convened but not concluded b/c plan is so horribly |
unfeasible. |
Amend I for correct Gross $8660 and Net $5960. |
Amend F for three additional debts: Citi/Citi/Prosper |
Plan payment must be $1200 to fund the scheduled IRS and |
liquidation number in 5.1. BUT MDI on 122C2 is $2020 so... well, |
there are no words. |
Errors on 122C1/122C2. Income is understated, no deduct for |
priority debt. |
We will reconvene the 341 after all amendments are filed. |
341 meeting continued to 4/29/24 at 10:00 a.m. |
April 10 Plan funds amount required by 122C2. May 8 bar date. |
April 24 Still need amended F, I, J, 122C1, 122C2 |
FYI -plan filed on 4/10 is not signed & $0.00 money |
DT filing TMD - NO money and no 341 |
24-02793
Sitar
Yolanda
VW LAW LLC
See Notes
Trustee Motion to Examine Fees of Vaughn White |
Attorney fees for Vaughn White in this case are denied and |
Vaughn White is ordered to refund all attorney fees received from |
the debtor. The refunds pursuant to this order shall be made within |
15 days of the entry of this order, payable to the debtor and |
provided to Glenn Stearns, Trustee to forward to the debtor. This |
matter is set for status on May 3, 2024 for Vaughn White to |
demonstrate compliance with this order. |
B2030 Flat Fee $4500 with $1500 paid in advance [plus FF paid] |
and 3K due |
341 convened by GBS on 4/3/24 but not concluded bc plan is |
HORRIBLY unfeasible plus need amended F and I and means test |
- huge errors |
Plan has us paying the student loan monthly install -NO -another |
typo |
GBS called atty about a week before 341 and told him that the |
plan on its face was grossly unfeasible and told him - you don't |
want to do a 341mtg with me with this plan but atty never |
amended bf 341 |
FYI - attorney filed amended plan increasing the plan payment to |
$3242.5 to satisfy the means test but the plan is NOT signed by |
anyone - plan went from $500 per month to over $3K but no |
amended I/J was filed to support the new higher payment [$5440 |
N on I so with new higher plan payment; there is only a little over |
$2K month left for all expenses and rent is $2000 so no $ for all |
other expenses - food, utilities etc so with this is unfeasible in a |
different way |
4/12 court - new budget being filed today - live with family and |
waiving rent so can afford higher plan payment |
4/24 - NEVER FILED AMENDED I/J & PLAN FILED On 4/10 NOT |
SIGNED BY ANYONE AND NO $$- $1500 paid in advance should |
be disgorged |
24-03144
Swallow
James
Moot
Dismissed 3/29/24
24-01859
Devarapalli
Janaki
Amend I for new jobs and need stubs to verify. D1 just started job, |
full time, hourly $24/hr. biweekly. D2 just changed jobs as well |
Dunkin Donuts (has different owner name). income is a bit more |
$18/hr at 40 hours. Going forward they believe they will not need |
the family help anymore, but if they need it, its there. Liquor store, |
closed and went out of business almost 2 years ago. This year will |
be last year they file taxes on the company, per testimony there |
were no sales this year but she testified they need to wrap up the |
business in the taxes. Testified no lease and they had no |
operations going in over a year on it. LLC is still technically open. |
Need a copy of this years taxes on the business/llc to verify no |
sales and that its no longer running. May need proof of family |
contribution, however testified not expecting it going forward |
unless absolutely needed as D1 is now working full time in addition |
to D2s fulltime income |
Need 2023 LLC and personal tax returns and need amended plan |
that says: |
1. If the LLC begins operating again, the debtors must amend |
schedule I within 30 days of any income from the LLC and must |
provide corporate returns each year |
2. The debtors must provide their personal tax returns each year |
ad if there is business loss on the tax return, then any refund must |
be turned over o the trustee's office as an add'l plan payment. |
4/24 - Current but many amendments needed and atty fee issues |
need to be resolved |
24-01859
Devarapalli
Janaki
See Notes
Trustee Motion to Examine Fees of Richard Fonfrias |
All attorney fees for Richard Fonfrias and Fonfias Law Group LLC |
are disallowed. Richard Fonfrias and Fonfrias Law Group LLC are |
ordered to refund the total fee award of $4,500.00 back to the |
debtor. The refund of the $4,500.00 to the debtor shall be done |
within 15 days of the entry of this order. A status hearing is set for |
May 3, 2024 at 9;45 AM for to certify compliance. $4500 PIF in |
advance |
Response - he has another atty that will sub in when he can't |
practice for a year with no add'l cost to the debtor |
- did D know that when he signed fee agreement |
- Is the person subbing in ready to deal with this confirmation |
4/10 [docket #23] appearance filed by Alexander Tynkov/Z&P |
Reply by US T in support of motion - docket #27 |
Reply by Chapter 13 Trustee - docket #30 |
24-01859
Devarapalli
Janaki
Motion |
Continue/Resched |
ule Hearing |
See Notes
Motion to Continue/Reschedule Hearing (related documents 25 |
Hearing Motion Continued, 26 Order Scheduling) filed by Mr. |
Fonfrias |
Counsel will be out of the country from 5/1/24 - 5/20/24. |
The hearing on the motion to examine fees is reset to June 7, |
2024 |
May object -US T wants to talk about it |
24-01859
Devarapalli
Janaki
Motion Substitute |
Attorney |
Object
Motion To Substitute Attorney Filed by Alexander Tynkov |
Richard G. Fonfrias will be unable to represent the Debtors until at |
the earliest June 2025. |
Alexander B. Tynkov, be substituted in as counsel for the debtors |
in place of Richard G. Fonfrias. |
Need to know fee agreement between Fonfrias and Alex T |
This is not a coverage situation; this atty will be the attorney of |
record so what happens when Mr. Fonfrias doesn't pay |
Unclear if debtors really agreed - were they given option to get |
funds back and hire atty of choice |
24-02346
Clay
Maurice
Recommend
Recommend plan docket #20 with entry of minute order #22 |
FYI - $162.46 started on 4/24 |
10:30:00AM
Case # Debtor Name Debtor Attorney Description Disposition Notes |
22-11504
Donofrio
Robert
DAVID CUTLER
Motion to Examine Fees of Debtors' special litigation counsel Filed |
by Charles S. Stahl Jr. on behalf of Sheila Kalteux and Eugene |
D'Onofrio, as Power of Attorney for Sheila D'Onofrio. |
Atty filed docs that show $6K paid - appear to be paying |
post-petition direct by debtors but not allowed? - Judge required |
atty to file supp with all dates and amounts rec'd - atty said D |
paying him by reducing food budget by going to food pantry |
Based on amended budget [#107 for J and #115 for I] |
I - net $5909 J $4558 = $1351 and plan payment is $1350 |
Case filed in Oct 22 - 2 payments made to the special counsel in |
late 22 but noted as not in connection with BK; starting Jan 23 to |
now - monthly payments are around $550 per month with this tight |
budget raises serious questions if all income is disclosed |
Still on as being called. |
Request up to date income docs from debtors. - DONE 3/21/24 |
22-11504
Donofrio
Robert
DAVID CUTLER
Amended Motion (related document(s): 27 Motion to Compel) |
Filed by Jeffrey N Kowalkowski on behalf of Robert D'Onofrio, |
Brenda L D'onofrio. |
New settlement offer so 4/9 at 10:30 all matters |
22-11504
Donofrio
Robert
DAVID CUTLER
Complaint
Adversary case 23-00116. (67 (Dischargeability - 523(a)(4), fraud |
as fiduciary, embezzlement, larceny)): Complaint by Sheila Kalteux |
against Robert D'Onofrio. |
Order being entered regarding discovery |
22-11504
Donofrio
Robert
DAVID CUTLER
Amended Notice of Motion and Amended Motion (related |
document(s): 37 Application to Employ) Filed by Jeffrey N |
Kowalkowski on behalf of Robert D'Onofrio, Brenda L D'onofrio. |
22-11504
Donofrio
Robert
DAVID CUTLER
AP Motion Compel
Motion to Compel Sheila Kalteaux to answer discovery Filed by |
Jeffrey N Kowalkowski on behalf of Robert D'Onofrio, Brenda L |
D'onofrio. |
23-14505
Cornell
Tiffany
Confirmation |
Hearing & TMD |
See Notes
File proof of service to DSO creditor (ex-husband), amend E and |
J. |
Need copy of DSO order and proof of post petition payments. |
Amend I for new job 11/28/23 start date LX Pantos $140K plus |
commission opportunities. Provide P/A when available. |
Amend SOFA 9 for Grane Logistics v Debtor. Debt for violation of |
non compete agreement found to be non dischargeable in the |
2018 case. |
Need copy of closing docs from sale of R/E see SOFA 18. |
12/11 - Current but need 341 issues/amends resolved; atty will |
prob be objecting to a POC; agreed to 2/9 |
FYI - creditor atty appears for objection on 12/22 and was told it |
was continued to 2/9 |
Objection to Confirmation by Grane Logistics Express - income |
understated due to future commissions; schedules false as to |
amount owed and didn't disclose debt already determine |
non-disch in Ch 7 |
TMD set for no amended I, J, SOFA #9, plan, amend E/F for DSO |
creditor and file proof of service, proof of post-petition DSO |
payments, copy of DSO order, need current paystubs, need copy |
of closing documents from sale of real estate & default |
2/2 -One month default [Jan just due; scheduled to start in TFS on |
2/3]; plan works but will run about 56 months but plan payment |
should increase due to new job income being higher and |
commissions may need to be add'l payments due under the plan; |
amended schedule E filed for DSO creditor with POS; still need |
amended schedules I [new job] and J [DSO payment] and provide |
proof of post-pet DSO payments; rec'd copy of DSO order; rec'd |
current paystubs; still need Amend SOFA #9; and provide closing |
docs from sale of RE |
FYI - Adv by Swift Financial for non-disch set for 3/8 |
341 docs - paystub $5833 G $4424 N twice monthly |
341 doc - DSO court order $430 per month but should go down |
during case due to oldest turning 18/ending high school |
go to 3/8 - 341 docs should have post DSO proof; closing docs; |
341 docs -proof of $430 per month post DSO payments and |
closing statement - her proceeds from sale were $11,557 - closing |
Aug 23 |
Objection to confirmation - says many of the debts were |
discharged in prior Ch 7 and believes not good faith or ability to |
pay with change of jobs and so forth |
3/7 - Current now; amended plan docket #47 resolves my issues |
but new objection to confirmation by Swift; atty says filing claim |
objections that will be scheduled for 4/12 |
4/4 - Can REC #47 if everything else resolved but need month that |
bonus is rec'd so we can put est $20K payment in for the following |
month for TMD purposes - agreed with atty that we will put $5K |
per quarter due in order to watch/TMD if necessary |
2.4 will be put as $5K due Sept 24 and then $6875 due each |
quarter thereafter |
23-14505
Cornell
Tiffany
Motion Dismiss |
and Bar Debtor |
from Refiling |
See Notes
Motion to Dismiss and Bar Debtor from Refiling Filed by Charles |
S. Stahl Jr. on behalf of Swift Financial, LLC. |
Alex has to respond and then creditors to reply |
23-14505
Cornell
Tiffany
AP Motion Default |
Judgment |
No Position
Motion for Default Judgment Filed by Charles S. Stahl Jr. on |
behalf of Swift Financial, LLC. |
23-14505
Cornell
Tiffany
Complaint
No Position
Adversary case 24-00031. (62 (Dischargeability - 523(a)(2), false |
pretenses, false representation, actual fraud)): Complaint by Swift |
Financial, LLC against Tiffany Suzanne Cornell |
23-14505
Cornell
Tiffany
Order Scheduling
No Position
Order Scheduling (RE: 24 Objection to Confirmation of the Plan). |
Grane Logistics Express, LLCs supplemental Reply due by: |
4/26/2024. |
11:00:00AM
Case # Debtor Name Debtor Attorney Description Disposition Notes |
23-02228
Jackson
Trena
DAVID CUTLER
See Notes
Order Scheduling (RE: 1 Complaint). Answer due by: 5/13/2024. |