Judge Christine M. Gravelle
Hearing Date: 5/19/2021
Hearing Count: 78
Last Updated: 04-22-2021 07:52 PM

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Proceeding # Hearing Date Case Number Debtor Attorney Hearing Type Disposition Trustee Notes
Matter ResolvedRequest
Adjourment
05/19/2021 9:00 am15-29864 / CMGBRUCE C TRUESDALE ESQMotion Motion (Generic) - Only use if no other event is applicableNo Opposition Filed
MOTION TO WAIVE CERT IN SUPPORT OF DISCHARGE (For Debtor)

also Motion to Be exempt from Fin Management at docket #38
Matter ResolvedRequest
Adjourment
45/19/2021 9:00 am16-11049 / CMGROBERT C NISENSON ESQCreditor Certification of Default3rd Party MatterTotal Paid In: $65,761.00
Debtor obj, current<>CALIBER HOMES ( Stern & E)

>>4/20/21:MK; email for lender atty( S. Kelly) loan service was transferred- he requested an adj to track it down and try to resolve
- I told him need to keep this on so it can be held w/ TR motion . Told Mr. Kelly he doe not need to appear and I will advise him of adj. tomorrow after case is called.

TR ARREARS>> TR MOTION ALSO ON 4/21
Plan expired- in mo 63
Matter ResolvedRequest
Adjourment
185/19/2021 9:00 am16-33457 / CMGDAVID A. SEMANCHIK, ESQMotion Trustee Motion to Dismiss/Wage Order (Camden/Trenton)No Opposition FiledTotal Paid In: $39,968.00
4/16/21(mk: MP filed today. Needs adj request for Tr Motion.

4/12/21(mk): Atty email says debtor going to file MP per cares act & extend for 6 mos.- ck to see if filed

4/9/21(mk): heard from atty- debtor is trying- will make payments but will prob be late w/ them. The March payment has posted so #s change for PTD- I asked atty if debtor can make any payment for April & then I can recalculate for a TR order w/ moly payments begin 5/1/21.



AMT: PPSD RECAP: $37,368 PTD (50); $2,600 (March); $1,137 X 9 BEG 4/1/21 (email to debtor & atty)<<<>>>

ARREARS
Matter ResolvedRequest
Adjourment
05/19/2021 9:00 am17-11726 / CMGJames J. Cerbone, Esq.Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton)Pending WorkupTotal Paid In: $8,672.00
Matter ResolvedRequest
Adjourment
05/19/2021 9:00 am17-22580 / CMGBRIAN W HOFMEISTERMotion Dismiss CaseOrder Previously SubmittedTotal Paid In: $46,848.00
Debtor's Motion To Dismiss case

4/19/21: MK :Atty submitted a revised Order to chambers- it provides FOH to debtor

Tr Limited objection: PP Order does not address distribution of the FOH
>>Needs a revised order
Matter ResolvedRequest
Adjourment
05/19/2021 9:00 am18-14044 / CMGSTEVEN A RAGLAND, ESQMotion Compel3rd Party MatterTotal Paid In: $16,570.00
MTN TO COMPEL PAYMENT OF POST-PET FEES (HUESTON MCNULTY)

>MK; creditor seeking payment of post petition fees & cots to condo assoc.

case was dismissed after conf. on Tr motion on 4/8/21- this is moot
Matter ResolvedRequest
Adjourment
05/19/2021 9:00 am18-22481 / CMGWilliam H. Oliver, Jr., Esq.Motion to Cancel DischargeNo Opposition FiledTotal Paid In: $11,520.00
MTN TO CANCEL DISCHARGE/MARLBORO PLAZA ASSOC

-discharged in prior 7
Matter ResolvedRequest
Adjourment
05/19/2021 9:00 am18-22481 / CMGWilliam H. Oliver, Jr., Esq.Motion to Cancel DischargeNo Opposition FiledTotal Paid In: $11,520.00
MTN TO CANCEL DISCHARGE/DE LAGE LANDEN FINANCIAL SVS


-discharged in prior 7
Matter ResolvedRequest
Adjourment
05/19/2021 9:00 am18-23358 / CMGMarc C. Capone, Esq.Motion Relief from Stay (Fee)3rd Party MatterTotal Paid In: $23,610.00
SELECT PORTFOLIO SERVCING (FEIN, SUCH, KAHHN)
Matter ResolvedRequest
Adjourment
365/19/2021 9:00 am18-24211 / CMGJEFFREY E JENKINS ESQMotion Trustee Motion to Dismiss/Wage Order (Camden/Trenton)Pending WorkupTotal Paid In: $5,630.00
Debtor obj, now pre-approved for LM<>SV/US BANK; FAILED TO LM BY 12/31/20
Matter ResolvedRequest
Adjourment
285/19/2021 9:00 am18-27548 / CMGROBERT BRAVERMANMotion Trustee Motion to Dismiss/Wage Order (Camden/Trenton)Needs Resolution of Issues - ObjectionsTotal Paid In: $9,171.00
3/16/21: MP marked plan denied & file new plaN IN 14 DAYS. ADJ tr MOTION TO 5/19/21

mk: MP On for 3/17/21. >>REC DENIAL <<
COVID extend

Debtor obj<>ARREARS $4,998
Matter ResolvedRequest
Adjourment
435/19/2021 9:00 am18-30886 / CMGTHOMAS J ORR ESQMotion Trustee Motion to Dismiss/Wage Order (Camden/Trenton)Pending WorkupTotal Paid In: $12,280.00
4/5/21(mk);MP filed 4/3/21.

Debtor obj, filing MP<> SV/ALLY
Matter ResolvedRequest
Adjourment
05/19/2021 9:00 am19-22119 / CMGSTEVEN N. TAIEB, ESQ.Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton)Pending WorkupTotal Paid In: $12,930.00
3/31/21(mk): atty uploaded adj request. He mailed 4000 to TN o 3/30/21 will have another 4,000 by end of April. then do recap for May

Debtor obj, can make pymt and requests recap<> ARREARS
Matter ResolvedRequest
Adjourment
485/19/2021 9:00 am19-27683 / CMGJustin M. Gillman, Esq.Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton)Pending WorkupTotal Paid In: $19,000.00
Debtor obj<>FAILED TO RESOLVE NJ DIV TAX EST CL #17-1

>Debtor filing motion to Modify POC- returns filed
Matter ResolvedRequest
Adjourment
05/19/2021 9:00 am19-28424 / CMGMarc C. Capone, Esq.Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton)Pending WorkupTotal Paid In: $3,800.00
Matter ResolvedRequest
Adjourment
525/19/2021 9:00 am19-28795 / CMGSTEVEN J ABELSON, ESQMotion Trustee Motion to Dismiss/Wage Order (Camden/Trenton)Pending WorkupTotal Paid In: $3,600.00
MP Filed on for 5/19/21

Debtor obj, filing MP<>SV/VW #5-1
Matter ResolvedRequest
Adjourment
05/19/2021 9:00 am19-30390 / CMGDaniel Straffi, Esq.Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton)Pending WorkupTotal Paid In: $5,295.00
Matter ResolvedRequest
Adjourment
05/19/2021 9:00 am19-32922 / CMGMelinda D Middlebrooks, EsqMotion Relief from Stay (Fee)3rd Party MatterTotal Paid In: $7,232.00
ALLY FINANICAL (LAVIN, CEDRONE)
Matter ResolvedRequest
Adjourment
05/19/2021 9:00 am19-33640 / CMGRUSSELL L LOW, ESQTrustee Certification of DefaultPending WorkupTotal Paid In: $7,841.00
4/5/21(mk): atty says debtor made payment 1200. Needs to post- adj to allow and do recap for next hearing

Atty filed obj, needs time to contact debtor<> ARREARS $4,955 as of 4/1/21. last pay 11/16/20.
Matter ResolvedRequest
Adjourment
765/19/2021 9:00 am19-33649 / CMGRUSSELL L LOW, ESQMotion Trustee Motion to Dismiss/Wage Order (Camden/Trenton)Pending WorkupTotal Paid In: $2,077.00
4/5/21(mk): wiil adj to allow motion to be filed

NEEDS TO ADDRESS BANK OF NY MELLON #6-1 (UNSECURED CL FOR PPTY NOT LISTED ON DEBTORS SCHEDULES

>debtor opp'n: debtor previously owned the property at 120 Christian Ct Hertford, NC
27944 and lost the property to foreclosure prior to filing bankruptcy

>>NEEDS TO MOVE AGAINST CLAIM?
Matter ResolvedRequest
Adjourment
05/19/2021 9:00 am19-33649 / CMGRUSSELL L LOW, ESQMotion Expunge Claims/Reduce Claims/Modify Claims/Object To3rd Party MatterTotal Paid In: $2,077.00
MTN TO EXPUNGE CLM #6
Matter ResolvedRequest
Adjourment
735/19/2021 9:00 am20-10741 / CMGWilliam H. Oliver, Jr., Esq.Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton)Pending WorkupTotal Paid In: $14,894.00
mk:4/20/21: adj request ed to MP date 5/19/21- emailed atty as to status of estate proceeds.
REPLY:
That's the whole reason for the modified plan. Original confirming order provided for turnover of the non-exempt proceeds of the inheritance. However, with COViD, he now has concerns about his future income and so he prefers to proceed with his plan rather than seeking an early payoff.
So, with his non-exempt assets exceeding his claims, we have filed the modified plan seeking to pay 100 percent to his creditors, rather than turning over any assets to pay off the claims



MP filed 4/9/21- ON FOR 5/19/21.extends plan due to Covid- no mention of estate proceeds

>> STILL NEED STATUS ON TURNOVER OF NE PROCEEDS FROM ESTATE PER CONF ORDER BACK IN AUGUST 2020. TURNOVER WAS TO BE BY 2/5/21<<



FAILED TO TURN OVER N/E PROCEEDS FROM MOTHER'S ESTATE BY 2/5/21; FAILED TO RESOLVE EST IRS CLM #1-1 BY 8/15/20
Matter ResolvedRequest
Adjourment
05/19/2021 9:00 am20-11160 / CMGJames J. Cerbone, Esq.Motion Relief from Stay (Fee)3rd Party MatterTotal Paid In: $23,467.00
ALLY CAPITAL (LAVIN, CEDRONE)
Matter ResolvedRequest
Adjourment
05/19/2021 9:00 am20-11160 / CMGJames J. Cerbone, Esq.Motion Relief from Co-Debtor Stay3rd Party MatterTotal Paid In: $23,467.00
ALLY CAPITAL (LAVIN, CEDRONE)
Matter ResolvedRequest
Adjourment
05/19/2021 9:00 am20-11183 / CMGTIMOTHY P KANE ESQTrustee Certification of DefaultNeeds Resolution of Issues - ObjectionsTotal Paid In: $12,012.00
mk: MP filed & on for 5/19/21- told atty to upload adj request to adj this to 5/19/21

Debtor obj,filing MP<>ARREARS
Matter ResolvedRequest
Adjourment
805/19/2021 9:00 am20-12246 / CMGMICHAEL P OTTO ESQMotion Trustee Motion to Dismiss/Wage Order (Camden/Trenton)Pending WorkupTotal Paid In: $2,388.00
4/5/21(mk):debtor signed K of sale- will file Motion


Debtor obj, filed MP<>FAILED TO SELL COUNTRY CLUB RD BY 12/31/20
Matter ResolvedRequest
Adjourment
05/19/2021 9:00 am20-13668 / CMGSTEPHANIE SHRETER, ESQMotion Motion (Generic) - Only use if no other event is applicable3rd Party MatterTotal Paid In: $2,275.00
LOSS MIT
Matter ResolvedRequest
Adjourment
785/19/2021 9:00 am20-13668 / CMGSTEPHANIE SHRETER, ESQMotion Trustee Motion to Dismiss/Wage Order (Camden/Trenton)Pending WorkupTotal Paid In: $2,275.00
Debtor obj<>FAILED TO LM BY 2/4/21

>>MK: Filed a Motion to Participate in Loss mit- On 5/19/21.
Matter ResolvedRequest
Adjourment
05/19/2021 9:00 am20-14110 / CMGBRIAN W HOFMEISTERMotion Relief from Stay (Fee)3rd Party MatterTotal Paid In: $22,947.00
PRINCETON FEDERAL CREDIT UNION (PETER LISKA)
Matter ResolvedRequest
Adjourment
815/19/2021 9:00 am20-15769 / CMGBRIAN S THOMAS ESQMotion Relief from Stay (Fee)3rd Party MatterTotal Paid In: $3,664.00
Debtor obj<>ALLY CAPITAL (LAVIN, CEDRONE)

MK; working on resolution/
.
Matter ResolvedRequest
Adjourment
05/19/2021 9:00 am20-16483 / CMGWilliam H. Oliver, Jr., Esq.Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton)Pending WorkupTotal Paid In: $10,780.00
FAILED TO COMPLETE LM BY 3/4/21
Matter ResolvedRequest
Adjourment
05/19/2021 9:00 am20-17526 / CMGMarc C. Capone, Esq.Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton)Pending WorkupTotal Paid In: $10,014.00
Matter ResolvedRequest
Adjourment
05/19/2021 9:00 am20-19681 / CMGBRIAN L HOFFMAN, ESQMotion Trustee Motion to Dismiss/Wage Order (Camden/Trenton)No Opposition FiledTotal Paid In: $4,971.00
AMT: MP 5/19 <<<>>

mk: MP filed & on for 5/19/21

PLAN NOT FEASIBLE DUE TO NJ DIVISION OF CONSUMER AFFAIRS #4-1 FILED AFTER CONFIRMATION
Matter ResolvedRequest
Adjourment
05/19/2021 9:00 am20-23188 / CMGWilliam H. Oliver, Jr., Esq.Motion Motion (Generic) - Only use if no other event is applicable3rd Party Matter
MTN ALLOWING LATE FILED CLM #11

MK: note: Order on Motion lang. says Tr pay claim #11.

Cert in Motion says claim to be paid as secured over life of Plan-
Claim #11 filed as unsecured.
MP on 5/5/21 has amt in for residential rent arrears. If made a prompt cure for 18 mos or 24 -claim level will be set up to be paid sec/priority
Matter ResolvedRequest
Adjourment
05/19/2021 10:00 am18-30935 / CMGRobert Manchel, Esq.Confirmation Hearing ScheduledPending WorkupDebtor has made 20 of 30 required payments   Arrears: $4,566.00  Total Paid In: $18,568.00
Matter ResolvedRequest
Adjourment
05/19/2021 10:00 am18-33405 / CMGDaniel Straffi, Esq.Confirmation Hearing on Modified PlanPending WorkupDebtor has made 19 of 29 required payments   Arrears: $4,118.00  Total Paid In: $76,253.00
Matter ResolvedRequest
Adjourment
05/19/2021 10:00 am19-21637 / CMGWilliam H. Oliver, Jr., Esq.Confirmation Hearing ScheduledPending WorkupDebtor has made 20 of 22 required payments   Arrears: $29.00  Total Paid In: $10,873.00
Matter ResolvedRequest
Adjourment
05/19/2021 10:00 am19-28795 / CMGSTEVEN J ABELSON, ESQConfirmation Hearing on Modified PlanPending WorkupDebtor has made 18 of 18 required payments   Arrears: $0  
Total Paid In: $3,600.00
Matter ResolvedRequest
Adjourment
1125/19/2021 10:00 am19-28843 / CMGJustin M. Gillman, Esq.Confirmation Hearing ScheduledPending WorkupDebtor has made 15 of 18 required payments   Arrears: $0  
Total Paid In: $24,100.00
AS OF 4/15/21 (SF) - Atty to request adjournment to date of motion re tax claim

1. State of NJ filed late estimated unsecured claim 6-1.
Missing 2012 through 2016 Tax Returns (NEED AMENDED CLAIM) (Atty will be filing a motion to amend claim)

2. Disposable income verifies higher at $4649.89 minus social security leaves net amount of $3600 which may require a shorter plan length. (May need more paystubs. Only 1 pay stub provided for each job.)

3. Need copy of 2019 Tax Return


MP proposes $1264.71 x 17, $2600 x 67 100% (Sale removed)
Plan has run 18 months and proposes to extend to 84 months
Matter ResolvedRequest
Adjourment
1175/19/2021 10:00 am20-10667 / CMGEric ClaymanConfirmation Hearing ScheduledPending WorkupDebtor has made 15 of 15 required payments   Arrears: $0  

MK: adv. Pro complete. City Of Trenton gets house. Filing MP.

Need status from attorney

4/9 workup for the 4/21 calendar EDC

--need update below--sent email to attorney EDC

10/7/20:case was mediated w/AR & debtor accepts it but city of trenton says adv not settled (547 & 548 claims). RE not in debtor's name so can't confirm today. AP Trial 4/8/21

9/28 workup for the 10/7 calendar emailed Rhondi for update on 9/28 EDC

7/28/209mk) Per AR & call w/ Attys E. Clayman & F. Ballak- adj 45 days to see if Adv Pro can be resolved.


MP on 5/20/20. AND Adv Pro filed w/o TR consent- Trenton completed a foreclosure of RE
CONFIRMATION HEARING ADJOURNED TO 8/5/20 TO ALLOW TIME FOR OUTCOME OF ADVERSARY PROCEEDING.

AS OF 7/29/2020 (at):

1. The attorney's fees in the plan and disclosure statement do not agree. Debtor's attorney must amend either the plan or disclosure statement. (OK - MOD PLAN FILED - $4,087.48 FEE BALANCE)

2. Objection filed by City of Trenton (Goldenberg, Mackler) - Debtor no longer owns this property. Tax sale foreclosure completed and title vested to City of Trenton. (AP COMPLAINT FILED 4/27/20)

3. The order of distribution in the plan departs from the trustee's order of distribution. (CLAIMS WILL BE PAID ACCORDING TO THE TRUSTEE'S ORDER OF DISTRIBUTION)

4. Trustee's objection:
The debtor has failed to supply the Trustee with the following document(s):
- Amendments to Schedules to take exemption on the Stuyvesant property (NOT AMENDED)

Plan proposes: $1,000 x 60, $0 to guc's
Payments: 5/6, arrears $245.48
Matter ResolvedRequest
Adjourment
05/19/2021 10:00 am20-10741 / CMGWilliam H. Oliver, Jr., Esq.Confirmation Hearing ScheduledPending WorkupDebtor has made 14 of 15 required payments   Arrears: $0  
Total Paid In: $14,894.00
Matter ResolvedRequest
Adjourment
05/19/2021 10:00 am20-11183 / CMGTIMOTHY P KANE ESQConfirmation Hearing on Modified PlanPending WorkupDebtor has made 8 of 15 required payments   Arrears: $7,942.00  Total Paid In: $12,012.00
Matter ResolvedRequest
Adjourment
05/19/2021 10:00 am20-15339 / CMGSTEPHANIE RITIGSTEINConfirmation Hearing ScheduledPending WorkupDebtor has made 7 of 12 required payments   Arrears: $525.00  Total Paid In: $3,315.00
Matter ResolvedRequest
Adjourment
1205/19/2021 10:00 am20-15551 / CMGAndrew Thomas Archer Confirmation Hearing on Modified PlanPending WorkupDebtor has made 8 of 12 required payments   Arrears: $1,840.00  
4/20/21: mk: ADJ BT THE COURT TO 5/19/21

4/14 workup for the 4/21 calendar EDC

-12 months old-same issues as last time
-4 payments arrears--same as last time--MUST DO EWAGE OR DISMISS

-JUDGE TO RESERVE DECISION ON CONDO ISSUE - MFR denied but objection from Wyndham still needs to be resolved. $12,992.94 arrerage claim

** Trustee obj to the following:
---- Need to file Pre-Confirmation Certification.
--Wyndham Place Condo obj to arrears more and failure to provide payment for post-pet payments. POC filed as bifurcated claim $12,992.94 secured and $3,216.60 unsecured. MP has as a cramdown--no service but obj filed---Obj and claim needs to be resolved.

-No secured IRS claim filed. Trustee will not pay unless claim
--------------------------
MFR Carrington Mort on for 1/6/21-need resolution and if terms affect plan(WITHDRAWN)
***per last time12/16/20:(mk): debtor atty brief (replying to doc #30) by 1/15/21 (FILED BY BORGER (#42) & reply by creditor by 1/27/21.( Filed (#46)1/27/21 by Cutolo Barros) ---Motion for relief with Wyndham on for 2/17/20---

-Ovation Sales Finance filed arrears claim $186.81 for HVAC, not in plan. Ok to pay? MK; YES PAY
4. JPMorgan listed in plan as outside filed arrears claim $49.62. Ok to pay? Mk; YES PAY
Need to add non-exempt proceeds from personal injury claim to confirming order. (DONE)
- Need to resolve the estimated claim filed by the IRS, 2018 and 2019 not filed.(AMENDED)
- Need a modified plan that addresses mortgage held by HUD.(DONE)
- Need 2019 tax return.(DONE)
- Excessive expenses on Schedule J such as: $490 Food, $300 Pet food (1 dog) and $150 clothing.(OK paying $6848)
- Income verifies higher, there is disposable income $966. Tax refund not listed on Sched I. Also deducted excessive expenses. Case is above median 22c has disposable income $231.15, add back all the differences in arrears claims and there would be disposable income $117.01, which would require minimum dividend $6,848.40 to gucs.(MP pays $6848)

Prop Plan $46
Matter ResolvedRequest
Adjourment
05/19/2021 10:00 am20-19681 / CMGBRIAN L HOFFMAN, ESQConfirmation Hearing on Modified PlanPending WorkupDebtor has made 10 of 8 required payments   Arrears: $0  
Total Paid In: $4,971.00
Matter ResolvedRequest
Adjourment
1245/19/2021 10:00 am20-21652 / CMGWilliam H. Oliver, Jr., Esq.Confirmation Hearing ScheduledPending WorkupDebtor has made 6 of 6 required payments   Arrears: $0  

Mk; adj for atty to review APOC& file motion to allow claim& claim for Holiday City


HOLD FOR JUDGE AT NOON- STAY RELIF MOTION STILL NOT RESOLVED


4/16/21(mk):Need Answers to 1-3 below before I can finalize w/ a rec for confirmation.

1. Amended POC filed on 4/14/21 by creditor (Mtg holder) Van Hassel-Arrears amt increased and balance due on mtg eats up the equity so no only equity in personal property of $9,022 which will be in terms.

2. Need to know if there has been any agreement on the SV motion?

3. Need to know if Per plan claim for Holiday City Home owners is to be Stricken- or are you filing claim and Motion?

>If strike and MFR ( debtor current but creditor wants terms for future default due to poor history and repeated filings)resolved then new numbers are

**$8,118 PTD, Then $2,021 x 54 Begin 5/1/21; Base w/ min to GUCS $9,002 Due to Equity in personal assets. Strike Per plan claim of Holiday City Homeowners assoc.
----------

for 4/21/21 hearing: attys working on Order re SV motion also on 4/21/21. NEED TO KNOW FROM DEBTOR ATTY- OK TO STRIKE PER PLAN CLAIM FOR HOILDAY HOMEOWNERS ASSOC.- NO POC FILED? mk; need to review any APOC filed by creditor Hassel after his 3/29/21 APOC to see if the pre pet arrears amt changes and to adjust balance for reduction in equity T/H

As of 4/7/21(MK): Updated -debtor made April payment 6/6 payments)need atty to address issues below-

1. Debtor current 5/5 as of today.
2. Need to resolve objection by Mtg Holder(Van Hassel(G. Reiser)
3. No POC filed by Holiday City Homeowners- bar date passed- STRIKE? or file claim and motion to allow late claim?


1/15/21(mk): Filed Amended I reducing income to 6,551.78(3mos P&L). Debtor Cert #42 says she can make plan payments. 2 plan payments were reversed for insuff funds.

--PLAN NOT FEASIBLE BASED UPON HIGHER CLAIMS FILED AND INSUFFICIENT INCOME PROOFS. P&L provided but nothing to support numbers . No bank statements showing deposits/ draws etc

>> Stay only extended to 12/
Matter ResolvedRequest
Adjourment
1025/19/2021 10:00 am20-21698 / CMGAndrew Thomas Archer Confirmation Hearing ScheduledPending WorkupDebtor has made 4 of 6 required payments   Arrears: $1,250.00  
mk: see amended I & J (#34)filed 3/29/21

Per AR NEEDS EWAGE

AS OF 3/16/2021 (at):

THIS IS THE THIRD CONFIRMATION HEARING. SOME ISSUES HAVE BEEN ADDRESSED.

1. Need an order to pay adequate protection payments to Credit Acceptance. Debtor's attorney needs to file an application. (FILED - HEARING IS 4/7/21)

2. Credit Acceptance filed a bifurcated claim (secured $4,117 and unsecured $3,968.03). Is the debtor going to pay this full amount of $8,085.03 or the amount in the plan of $6,174? Would need to be a cram if not paying the full amount. (PAY FULL CLAIM PER ATTY)

3. Trustee's objection:
- The debtor has failed to file a feasible plan - disposable income is negative.
The debtor has failed to supply the Trustee with the following document (s):
- Proof of 2 month's income - Dec 2020 & Jan 20121 pay stubs. (NOT RECEIVED)
The debtor(s) plan consists of unnecessary or excessive expense items, such as:
- $2,750/month for rent for one person (need proof - lease received)
- $600/month for food
- $150/month for personal care
The Schedules fail to account for the debtor(s) tax refund in the amount of $6,957.00 when determining disposable income. (AVERAGED/ADDED TO INCOME)
- Need to file Pre-Confirmation Certification. (NOT FILED)
- Need to resolve estimated claim filed by the IRS. (NO LONGER ESTIMATED)
- Need Certification ask how Sch I says monthly income of $6,495 and as to expenses. (NOT RECEIVED)

Plan proposes: $750 x 60 beginning 11/1/2020, base
Payments: 3/5, arrears $1,150
Matter ResolvedRequest
Adjourment
1385/19/2021 10:00 am20-22466 / CMGDaniel Straffi, Esq.Confirmation Hearing ScheduledPending WorkupDebtor has made 7 of 5 required payments   Arrears: $0  

3/29 workup for the 4/7 calendar EDC

1. Objection filed by Caliber Home Loans (Stern & Eisenberg) - failure to cure full arrears of $51,145.77 and plan is underfunded. (UNRESOLVED ---OTBS to extend on 2/17 but still no order)

2. Trustee's objection:
- income verified higher than scheduled. resulting in disposable income of $2,276.65 per month.
-Form 122c-2 Line 45 shows monthly disposable income of $349.32 which requires
minimum $20,959.20 dividend to general unsecured creditors
- The Schedules fail to account for the debtor(s) tax refund in the amount of $7036 when determining disposable income. (AVERAGED/ADDED TO INCOME)
-Caliber Home Loans Inc (Stern Eisenberg) objection to confirmation, pre petition arrears $51,140.77, higher than what is provided for in the plan, need to resolve - Proof of claim shows total arrears $51,145.77

Plan proposes: $500 x 6 beginning 12/1/2020, $750 x 54 beginning 6/1/2021, loan mod by 5/1/2021, base
Payments: 4/2 ($1,000 credit)
--------------------------
The debtor has failed to supply the Trustee with the following document (s):
- A copy of the homeowner's insurance renewal declaration - policy provided expired 4/27/2017. (RECEIVED)
- auto insurance renewal, policy provided expired 9/29/2020 (RECEIVED)
Matter ResolvedRequest
Adjourment
1275/19/2021 10:00 am20-22595 / CMGYAKOV RUDIKHConfirmation Hearing ScheduledPending WorkupDebtor has made 5 of 5 required payments   Arrears: $0  

4/19/21(MK)PER AR- HOLD FOR JUDGE-ATTY MUST APPEAR

As of 4/12/21(mk): update- need to review w/ AR for possible compromise on payment going forward or require more info on business value & income etc- TR CANNOT COMPROMISE AS DOCS SUBMITTED CONTAIN CONFILCTING INFO AS TO INCOME. EXCESS EXPENSES HAS ALSO NOT BEEN ADDRESSED.

>> Still needs to address excess expenses & excess dispos income & need Cert.

>>Other than 2 auto leases-1 w/ small arrears claim- rest of debt is all gucs. Issues as to the amt of disposable income as set forth in Tr objection need to be resolved to determine the amount the payment going forward.

1. Santander filed small arrears POC on lease $32.83- OK TO PAY?( per atty yes -PAY)

2. Trustee objection:
- Plan fails to list 2 auto leases as assumed but has creditors in plan as unaffected.- ARE THESE ASSUMED? ( Per atty - YES ASSUME)
-improper use of exemption. Takes d (2) &d(5) deductions on 2
leased vehicles.
>>-excessive expenses:122c has excessive expenses Line 20
Education $150 (not on Sched J), Line 23 Telephone services
$350 and Line 30 Additional food/clothing $49, Line 31 Continuing
charitable $50.(Schedule J has $20), there would be disposable
income $468.25, which would require
minimum dividend $28,095.
-not paying all disposable income into plan: 22c-1 Line 5 should be
$4,523.84 (P&L list salary $9,500, Business forms have no
employees).
Proof of income verifies higher, there is disposable income $1,472.26.
-need Certification from Debtor as to what, if any equipment or
other assets are owned by the business.
-schedules I & J should be amended to accurately reflect the
business income. Debtor testimony at the 341 was that business
has not operated since Covid began.
There is non-exempt equity in business bank acct. $4,034.
-Debtor has a construction business and list as no value, but rents
property for this business in NY. (needs explanation of valuation).
-Debtor testified business has not operated since Cov
Matter ResolvedRequest
Adjourment
1325/19/2021 10:00 am20-23356 / CMGYAKOV RUDIKHConfirmation Hearing ScheduledPending WorkupDebtor has made 4 of 4 required payments   Arrears: $0  

4/12 workup for the 4/21 calendar EDC

-debtor is current with trustee

--If mortgage resolved and not paying arrears claim can confirm at:

***$600 paid then $353 x 56 beg 5/1/21-min of $9300 to gucs due to equity-student loans outside-trustee to not pay mortgage pre-petition claim because LM granted-use trustee distribution order


1. Objection filed by First Guaranty Mortgage (Romano Garubo) - failure to make post petition payments. (UNRESOLVED but LM just granted does this resolve?)

2. The IRS filed a priority claim #5 in the amount of $4,478.44 which is not in the plan. Is it ok to pay this claim? pay

**Trustee's objection:

The debtor has insufficient income verifies lower than scheduled.
-statement on spouse payroll loans showing balance and when paid in full (RECEIVED - ADDITIONAL $90/MONTH BEGINNING 9/2021)
-certification regarding the Zelle/Square deposits from September through December (NOT RECEIVED)
- CLAIMS WILL BE PAID ACCORDING TO THE TRUSTEE'S ORDER OF DISTRIBUTION. LANGUAGE ADDED
- There is non exempt equity of $9,297.19 in real estate.

Plan proposes: 150 x 60 beginning 1/1/2021, base
Payments: 3/3
Matter ResolvedRequest
Adjourment
05/19/2021 10:00 am20-23648 / CMGEric ClaymanConfirmation Hearing on Modified PlanPending WorkupDebtor has made 4 of 4 required payments   Arrears: $0  

AS OF 3/25/21 (SF)

1. No claim filed for Parkwood Village Garden Communities. Should this claim be stricken from plan?

2. Trustee objection:
- The debtor has failed to supply the Trustee with the following document (s):
- A copy of the last filed tax return - 2020 by 6/30/21.
- Need October and November bank statements for account ending in #7730.
- The debtor(s) plan consists of unnecessary or excessive expense items, such as: $607/month car payment
- The Schedules fail to account for the debtor(s) tax refund in the amount of $3,635.00 when determining disposable income.
- The attorney's fees in the plan and disclosure statement do not agree. One of these must be amended.
- The debtor is to provide updated auto insurance premium amount now that he is surrendering the Toyota

Plan proposes $250 x 45 0%
Payments: 2/3 Arrears: $250

RESOLVED ISSUES:
- Need to file Pre-Confirmation Certification. (FILED)
- Domestic Support Obligation information for child support to Shawnteesha Haynes (RECEIVED)
- The Plan fails to provide for a prompt cure of rental arrears. (OK PER EDC)
Matter ResolvedRequest
Adjourment
1345/19/2021 10:00 am21-10065 / CMGWilliam H. Oliver, Jr., Esq.Confirmation Hearing ScheduledPending WorkupDebtor has made 1 of 3 required payments   Arrears: $706.00  
AS OF 4/20/2021 (at):

RECEIVED PROOF OF $706 PAYMENT ON 4/20/2021.

Trustee's objection:
- The Plan fails to provide for a prompt cure of rental arrears.
The debtor has failed to provide proof of service with respect to Plan Motion (s).
- Need service to One Main Financial. (CERT OF SERVICE FILED 2/17/2021)
- Must resolve IRS estimated claim. (STILL ESTIMATED 2014, 2016 - 2019)
- Must file Pre-confirmation certificate. (NOT FILED)

Plan proposes: $353 x 60 beginning 2/1/2021, $0 to guc's
Payments: 3/3
Matter ResolvedRequest
Adjourment
1165/19/2021 10:00 am21-10244 / CMGDaniel Straffi, Esq.Confirmation Hearing ScheduledPending WorkupDebtor has made 3 of 3 required payments   Arrears: $0  

341 now on for 4/8/21
1/2 payments
Matter ResolvedRequest
Adjourment
05/19/2021 10:00 am21-10471 / CMGYAKOV RUDIKHConfirmation Hearing ScheduledPending WorkupDebtor has made 3 of 3 required payments   Arrears: $0  

AS of 3/11/21(mk):


1. IRS Estimated POC. No returns for 2017,2018 & 2020.

2. Trustee Objection:
-debtor has insufficient income . Verified income leaves dispos. income $72.29
-need CMA for 510 David Street.
-need copy 2020 tax return - by 5/31/2021
-need copy of the homeowner's insurance renewal declaration - for 510 David Street.
-need copy of most recent Mortgage statement for 510 David Street.
-need copy of the deed - for 510 David Street.
- order of distribution differs from TR Std Order.
Need to resolve the estimated claim filed by the IRS.
need explanation for Dec & Jan deposits of 600 that appear on bank statements. What is
source of those funds?
copy of Will of Margaret Guzzi( debtor's mother)
need name of probate atty for mother's estate and status of estate form the attorney
add to confirmation order any non exempt proceeds form mother's estate be turned over
to trustee.
- need pre conf cert.


Plan:$150 X 60 BEG 2/21; BASE
2/2 payments
last claim:15-1, bar date:4/1/21
Matter ResolvedRequest
Adjourment
05/19/2021 10:00 am21-10689 / CMGFRANCIS P CULLARI, ESQConfirmation Hearing ScheduledPending WorkupDebtor has made 3 of 3 required payments   Arrears: $0  

AS of 3/12/21(mk):Updated

>>Plan is 100% & bar date is 4/7/21. Needs to resolve#1<<


1. Objection byCarington(Hill Wallack):
Plan fails to pay arrears POC $24,004.93
Plan has unaffected.

2. Trustee Objection:
-need 2020 tax return Debtor& non -filing spouse by 5/31/21.
-Income verifies higher & 122c has dispos income( PLAN IS 100%) .
- Must file Pre-confirmation certificate.



Plan:595 x 60;100%
2/2 payments
last claim:12-1, bar date:4/7/21
Matter ResolvedRequest
Adjourment
05/19/2021 10:00 am21-10692 / CMGFRANCIS P CULLARI, ESQConfirmation Hearing ScheduledPending WorkupDebtor has made 3 of 3 required payments   Arrears: $0  

AS of 3/4/21(mk):

>>Plan is 100% & bar date is 4/7/21. Needs to resolve#1<<


1. Objection by New Rez/ Shellpoint( McCalla):
Plan fails to pay arrears POC $2,484.15.

2. Trustee Objection:
Plan is above median so commitment period 60 mos -but can shorten for 100%.
-need 2020 tax return by 5/31/2021.
-need a statement for the co-debtor's pension loan.
-Verified income = monthly dispos. income of $5,099.91 -the plan must remain
100% to creditors.
-Per the 22C, monthly disposable income is $2,655 which requires a minimum dividend of
$159,300 to general unsecured creditors or 100%.
-There is $139,087.00 in non exempt equity in the residence.
-need to file Pre-Confirmation Certification


Plan:885 x 36;100%
2/2 payments
last claim:12-1, bar date:4/7/21
Matter ResolvedRequest
Adjourment
1555/19/2021 10:00 am21-11000 / CMGWilliam H. Oliver, Jr., Esq.Confirmation Hearing ScheduledPending WorkupDebtor has made 2 of 2 required payments   Arrears: $0  

AS OF 3/29/2021 (at)

1. The IRS filed a priority estimated claim #3 which needs to be amended. (2019 - 2020)

2. Trustee's objection:
The debtor has failed to supply the Trustee with the following document (s):
- A current market analysis - and mortgage payoff on the residence (owned by husband) (NOT RECEIVED)
The debtor(s) is not paying all disposable income into the plan pursuant to either Schedules I & J or Form 22C based upon the Trustee 's review of the income and tax returns provided. The Trustee's calculations are higher for the following reason (s):
-excessive payments on schedule I - 3 car payments exceeding the allowance $1,025, $770 and $680
The Plan provides for payment on unsecured claims of less than that which would be distributed upon liquidation under Chapter 7, as prohibited by 11 U.S.C. ? 1325(a)(4):
- The debtors equitable interest in the residence and the HUD on the Cardinal Drive property need to be determined before a full liquidation analysis can be done.
- The debtor needs to supply the HUD closing statement on the 94 Cardinal Drive Toms River property that was sold 2 years ago. (NOT RECEIVED)

Plan proposes: $1,153 x 60 beginning 3/1/2021, 100% to guc's
Payments: 1/1
Matter ResolvedRequest
Adjourment
1385/19/2021 10:00 am21-11067 / CMGYAKOV RUDIKHConfirmation Hearing ScheduledPending WorkupDebtor has made 2 of 2 required payments   Arrears: $0  

4/21/21:supple obj filed by Tr- also Order submitted to chambers by creditor(newRez-KML) that debtor surrenders interest in Fla prop and creditor has Stay Relief

4/19/21(mk): PER AR-ATTY MUST APPEAR- HOLD FOR JUDGE

mk: see your note under #1.

AS OF 4/16/2021 (at):

4/16/21: staff atty email(mk) to debtor atty requesting further clarification on issues surrounding the Fla. property, family trust, terms or order resolving creditor objection and claim filed by creditor.

1. Objection filed by New Rez/Shellpoint Mortgage (KML Law) - plan is silent as to mortgage arrears. Proof of claim filed has no arrears. This property (Florida) is not in the petition or plan. (RECEIVED STATUS CHANGE FORM STATING RESOLVED - NEED ORDER FOR TERMS)

>>mk:4/20/21-Order says creditor to file POC & debtor to pay arrears - SO IF DEBTOR SO NOT OWN THIS RE ANYMORE- WHY ARE THEY PAYING ARREARS ETC???

2. Need deed, CMA, mortgage payoff and homeowner's insurance for property located at 251 174 Street #2311, Sunny Isles, Florida. (RECEIVED ONLY DEED)

3. Need amended Schedules A, C and D to list Florida property.

4. Trustee's objection:
The debtor has failed to supply the Trustee with the following document (s):
- Proof of social security income - for debtor. (RECEIVED)
- A copy of the last filed tax return - 2020 tax return on or by 6/30/2021 (RECEIVED)
- auto insurance renewal, policy provided expired 3/1/2021 (RECEIVED)
- Amendments to Schedules I to add social security income. (NOT AMENDED)
The debtor(s) is not paying all disposable income into the plan pursuant to either Schedules I & J or Form 22C based upon the Trustee 's review of the income and tax returns provided. The Trustee's calculations are higher for the following reason (s):
- excessive expenses on Schedule J $550/utilities; $500/telephone;
- Form 122c Line 45 shows monthly disposable income of $3,672.72 which requires minimum $220,363.20 dividend to general unsecured creditors
The debtor's P
Matter ResolvedRequest
Adjourment
05/19/2021 10:00 am21-11202 / CMGJOHN ZIMNIS, ESQConfirmation Hearing ScheduledPending WorkupDebtor has made 1 of 2 required payments   Arrears: $950.00  
As of 4/13/21(mk):

plan is 100% and bar date is 4/26/21- May want to adj till after bar date of 4/26.

1. Florence Tax office filed POC $324.93- Ok to Pay?mk: PER ATTY: PAY

2. Plan has pay Christian Trust (on Tax Sale cert)47,934- POC filed has $42,929.08- IF
DEBTOR WANTS TO INCLUDE INTERST- TR NEEDS AN ORDER FOR THAT AMT OTHERWISE WE PAY THE CLAIM AMT.(MK: PER ATTY: PAY POC AMT $42,929


3. Trustee Objection:
- need 2020 return on or by 5/31/2021
- non exempt equity in house $174,124 - MUST REMAIN 100% PLAN


Plan:950/60, 100%
1/2 payments
last claim:2-1, bar date:4/26
Matter ResolvedRequest
Adjourment
05/19/2021 10:00 am21-11310 / CMGANDREW CARROLL, ESQ.Confirmation Hearing ScheduledPending WorkupDebtor has made 1 of 2 required payments   Arrears: $2,085.00  
AS OF 4/14/21 (SF)


1. 341 NOT HELD - RESCHEDULED TO 5/6/21
2. PAYMENTS: 1/2 ARREARS: $2085
Matter ResolvedRequest
Adjourment
05/19/2021 10:00 am21-11590 / CMGANDREW CARROLL, ESQ.Confirmation Hearing ScheduledPending WorkupDebtor has made 1 of 2 required payments   Arrears: $1,000.00  
Matter ResolvedRequest
Adjourment
05/19/2021 10:00 am21-11840 / CMGYAKOV RUDIKHConfirmation Hearing ScheduledPending WorkupDebtor has made 1 of 1 required payments   Arrears: $0  

Matter ResolvedRequest
Adjourment
05/19/2021 10:00 am21-12016 / CMGJames J. Cerbone, Esq.Confirmation Hearing ScheduledPending WorkupDebtor has made 0 of 1 required payments   Arrears: $443.00  
Matter ResolvedRequest
Adjourment
05/19/2021 10:00 am21-12058 / CMGJOHN ZIMNIS, ESQConfirmation Hearing ScheduledPending WorkupDebtor has made 1 of 1 required payments   Arrears: $0  

Matter ResolvedRequest
Adjourment
05/19/2021 10:00 am21-12068 / CMGJOHN ZIMNIS, ESQConfirmation Hearing ScheduledPending WorkupDebtor has made 1 of 1 required payments   Arrears: $0  

Matter ResolvedRequest
Adjourment
05/19/2021 10:00 am21-12078 / CMGRUSSELL L LOW, ESQConfirmation Hearing ScheduledPending WorkupDebtor has made 1 of 1 required payments   Arrears: $0  

Matter ResolvedRequest
Adjourment
05/19/2021 10:00 am21-12265 / CMGANDREW B FINBERG ESQConfirmation Hearing ScheduledPending WorkupDebtor has made 0 of 1 required payments   Arrears: $350.00  
Matter ResolvedRequest
Adjourment
05/19/2021 10:00 am21-12355 / CMGROGER CHAVEZ ESQConfirmation Hearing ScheduledPending WorkupDebtor has made 1 of 1 required payments   Arrears: $0  

Matter ResolvedRequest
Adjourment
05/19/2021 10:00 am21-12356 / CMGJOSEPH J MANIA III ESQConfirmation Hearing ScheduledPending WorkupDebtor has made 0 of 1 required payments   Arrears: $853.00  
Matter ResolvedRequest
Adjourment
05/19/2021 10:00 am21-12482 / CMGJustin M. Gillman, Esq.Confirmation Hearing ScheduledPending WorkupDebtor has made 1 of 1 required payments   Arrears: $0  

Matter ResolvedRequest
Adjourment
05/19/2021 12:00 pm17-11936 / CMGJONATHAN GOLDSMITH-COHEN, ESQMotion CompensationNo Opposition FiledTotal Paid In: $41,519.00
Matter ResolvedRequest
Adjourment
05/19/2021 12:00 pm17-29033 / CMGWilliam H. Oliver, Jr., Esq.Motion CompensationWithdrawnTotal Paid In: $20,605.00
AMT: FILED IN WRONG CASE
Matter ResolvedRequest
Adjourment
05/19/2021 12:00 pm17-35354 / CMGJustin M. Gillman, Esq.Motion CompensationNo Opposition FiledTotal Paid In: $20,100.00
Matter ResolvedRequest
Adjourment
05/19/2021 12:00 pm18-10553 / CMGJustin M. Gillman, Esq.Motion CompensationNo Opposition FiledTotal Paid In: $55,473.00
Matter ResolvedRequest
Adjourment
05/19/2021 12:00 pm18-18882 / CMGJACQUELINE R ROCCI ESQMotion CompensationNo Opposition FiledTotal Paid In: $36,320.00
Matter ResolvedRequest
Adjourment
05/19/2021 12:00 pm19-17201 / CMGSTEVEN N. TAIEB, ESQ.Motion CompensationNo Opposition FiledTotal Paid In: $7,350.00
Matter ResolvedRequest
Adjourment
05/19/2021 12:00 pm20-19654 / CMGAndrew Thomas Archer Motion CompensationNo Opposition FiledTotal Paid In: $3,200.00
Matter ResolvedRequest
Adjourment
05/19/2021 3:00 pm20-23643 / CMGANDREW J KELLY, ESQAP Summons Issued3rd Party Matter
Proceeding # Hearing Date Case Number Debtor Attorney Hearing Type Disposition Trustee Notes