Judge Michael B. Kaplan
Hearing Date: 8/15/2022
Hearing Count: 12
Last Updated: 08-15-2022 02:22 PM

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Proceeding # Hearing Date Case Number Debtor Attorney Hearing Type Disposition Trustee Notes
Matter ResolvedRequest
Adjourment
08/15/2022 10:00 am19-33268 / MBKEdward Hanratty, Esq.AP Hearing Rescheduled (Document)Converted to 7 / 11
Matter ResolvedRequest
Adjourment
1548/15/2022 10:00 am21-19833 / MBKAllen I. Gorski, Esq.Motion Expunge Claims/Reduce Claims/Modify Claims/Object ToContinued
8/29/2022 11:00 am

***ADJ by MBK to 8/29/22 at 11 AM***

ADJ TO 8/15/22 AT 10 AM FOR EVIDENTIARY HEARING

Creditor Burton obj (Sklar), Debtor response<>MTN TO REDUCE CLM #1 FROM $112,571.89 TO $44,689.05
Matter ResolvedRequest
Adjourment
1558/15/2022 10:00 am21-19833 / MBKAllen I. Gorski, Esq.Motion Cross MotionContinued
8/29/2022 11:00 am

***ADJ by MBK to 8/29/22 at 11 AM***

MELISSA BURTON MFR TO PURSUE IN FAMILY CT(Sklar)
Matter ResolvedRequest
Adjourment
28/15/2022 10:30 am16-34017 / MBKWilliam H. Oliver, Jr., Esq.Motion Dismiss CaseOrder to be Submitted
DENIED
***8/15 @ 10:30 AM***

Debtor obj; creditor brief<>WELLS FARGO MTN TO DISMISS (Powers)
Matter ResolvedRequest
Adjourment
38/15/2022 10:30 am16-34017 / MBKWilliam H. Oliver, Jr., Esq.Motion to Cancel and DischargeOrder to be Submitted
GRANTED
***8/15 @ 10:30 AM***


ADJ by MBK to 5/25 @ 1:30 to conference with the Judge regarding whether the briefing schedule below is still needed.

Brief Schedule
- Briefs due by 6/30/22
- Reply Brief due by 7/13/22
- Hearing scheduled for 7/27/22


DEBTOR BRIEF FILED - #101
LENDER BRIEF #103
Wells Fargo obj (Powers);Debtor response<>MTN TO CANCEL DISCHARGE/WELLS FARGO BANK MTG
Matter ResolvedRequest
Adjourment
698/15/2022 10:30 am21-14434 / MBKRobert Braverman, Esq.Trustee Certification of DefaultContinued
9/28/2022 9:00 am
Total Paid In: $5,914.00
AR NOTE, NO TRUSTEE PYMT SINCE 4-1-22 - ARREARS $6,136 - HISTORIC POOR PAYMENT HISTORY (7 0F 15 PYMTS MADE). TR MOTION FILED 5-27 - REC DISMISS WITHOUT PREJUDICE AND REINSTATE IF PROMISED FUNDS COME IN WITHIN 60 DAYS.

ADJ to 8/15 @ 10:30

Debtor obj, pending disability payments<> ARREARS
Matter ResolvedRequest
Adjourment
1288/15/2022 10:30 am21-18881 / MBKJoseph Casello, Esq.Confirmation Hearing on Modified PlanConfirmedDebtor has made 8 of 9 required payments   Arrears: $500.00  
***8/15/22 (DM): MBK confirms over creditor objection. Case confirmed at $4,000 Ptd, then $1,000 x 28 starting 8/1/22, 100% Plan, strike priority plan treatment to the IRS, sale of Route 524 property by 10/31/22, no payment or reserve by the Trustee on Skyview Investors POC (4-1) and Farm Credit East POC (7-1) pending the sale (low base pending sale)***

AR NOTE - HOLD TO RESOLVE FARM CREDIT EAST (1st Mtg) OBJ (Stark & Stark)

***8/15 @ 10:30 AM***

8/3 workup for the 8/10 calendar EDC

9 months old-MP filed proposes $1000 x 36 beg 12/1/21 sale by 10/31/22-100%

-balance due to attorney ($3750) does not match disclosure of $2750. Needs fee app for anything more than $2750
-MP wants to pay IRS $1500 but cannot pay because no claim

-objection by Skyview Investors (Zeitz) for tax cert. $53,173.59 (NO OBJ TO MP FILED)

* Trustee objection:

----The debtor has insufficient income. Verified income leaves monthly disposable income
of negative -$5,215.67. need updated Business profit & loss statements

----Need to file Pre-Confirmation Certification.
----The attorney's fees in the plan ($2,750) and the disclosure statement do not agree.
Disclosure states that $2,750 will be paid outside of the plan. One of these must be
amended.

-------------------------
Resolved:
----need A copy of the last filed tax return - 2020 and 2021 prior to confirmation hearing.(OK)
----The Schedules fail to account for the debtor(s) tax refund in the amount of $8,112.00
when determining disposable income.


Prop. Plan $1,000 x 36, 100% Plan
- sale of Rte 524 property by 10/31/22
PTD 4/9 = $4,000
Last Claim (7-1)
Matter ResolvedRequest
Adjourment
1818/15/2022 10:30 am22-13095 / MBKBrad J. Sadek, Esq.Confirmation Hearing ScheduledContinued
10/12/2022 10:00 am
Debtor has made 2 of 4 required payments   Arrears: $3,009.00  
***8/15 @ 10:30 AM FOR PROOF OF PAYMENT***

341 is rescheduled for 9/1 but debtor is only 1 of 4 payments

As of 7/29/22 (DS): 341 not held 7/7/22, Debtor no ID's provided for Debtor. Must reschedule 341 meeting, also Debtor in arrears $3,009, made 1 payment out of 3, soon to be out of 4.
Matter ResolvedRequest
Adjourment
1048/15/2022 10:30 am22-13313 / MBKKenneth J. Rosellini Motion Confirming Automatic Stay is Not in EffectGranted
***8/15 @ 10:30 AM***

Debtor obj<>CITIMTG/South St (Powers)
Matter ResolvedRequest
Adjourment
1058/15/2022 10:30 am22-13313 / MBKKenneth J. Rosellini Motion Dismiss CaseOrder to be Submitted
AR GRANTED 2 YR BAR
AR TRUSTEE RESPONSE WILL BE SUBMITTED - See Doc #28

***8/15 @ 10:30 AM***

CitiMortgage obj (Powers)<>DEBTOR MTN TO DISMISS
Matter ResolvedRequest
Adjourment
2008/15/2022 10:30 am22-14451 / MBKRobert C. Nisenson, Esq.Confirmation Hearing ScheduledDismissed - Hold FeesDebtor has made 2 of 2 required payments   Arrears: $0  

ATTY CONSENTS TO DISMISS WITHOUT PREJUDICE
AR NOTE ATTY DEMANDED HOLD FOR JUDGE NOTWITHSTANDING ACKNOWLEDGING LACK OF INSURANCE AND KEEPING THE ESTATE AT RISK

***8/15 @ 10:30 AM FOR INSURANCE AND 341 DOCS***

As of 7/29/22 (DS): 341 not held 6/30/22, still missing docs, also no Trustee payments made.
Matter ResolvedRequest
Adjourment
1118/15/2022 10:30 am22-15620 / MBKGeorge E Veitengruber IIIOrder Shorten TimeGranted
GRANTED BY MBK

AR NOTE CONTESTED MFR
DEBTOR ASSERTS SALE CONTRACT

***8/15 @ 10:30 AM***

OST - MFR (Hill Wallack)

Debtor obj<>AMBOY BANK (HILL WALLACK)
Proceeding # Hearing Date Case Number Debtor Attorney Hearing Type Disposition Trustee Notes