Proceeding # | Hearing Date | Case Number | Debtor Attorney | Hearing Type | Disposition | Trustee Notes | |
---|---|---|---|---|---|---|---|
Matter ResolvedRequest Adjourment | 4 | 5/8/2024 9:00 am | 17-20067 / MBK | Candyce I. Smith-Sklar, Esq. | Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton) | Withdrawn | Possible $1,882.99 TFS receipt in transit to complete the case (dm) 4/18 AMT: NO PYMTS SINCE LAST HEARING/NEED 3 PYMTS TO COMPLETE<> 3/21 AMT: ARREARS CURED/OWES MARCH & WILL COMPLETE TIMELY<<>> Debtor obj, will pay prior to hearing<>ARREARS |
Matter ResolvedRequest Adjourment | 5 | 5/8/2024 9:00 am | 18-10763 / MBK | Candyce I. Smith-Sklar, Esq. | Creditor Certification of Default | Continued 6/12/2024 9:00 am | Debtor obj, paying full arrearage<>CARRINGTON/Stout Ave (Hill Wallack) |
Matter ResolvedRequest Adjourment | 6 | 5/8/2024 9:00 am | 18-20537 / MBK | Joseph Albanese, Esq. | Motion Reopen Ch. 13 Case (fee) | Granted | MTN REOPEN TO OBTAIN DISCHARGE-debtor deceased |
Matter ResolvedRequest Adjourment | 7 | 5/8/2024 9:00 am | 18-26107 / MBK | Steven J. Abelson, Esq. | Motion Reopen Ch. 13 Case (fee) | Granted | MTN REOPEN TO ADMINISTER POST PET ACCIDENT RECOVERY |
Matter ResolvedRequest Adjourment | 8 | 5/8/2024 9:00 am | 18-35206 / MBK | Thomas J. Orr, Esq. | Trustee Certification of Default | Withdrawn | 4/23 AMT: ARREARS CURED; WILL OWE MAY & COMPLETE TIMELY<<>> Debtor obj, mailed pymt<> ARREARS |
Matter ResolvedRequest Adjourment | 9 | 5/8/2024 9:00 am | 19-11364 / MBK | Allen I. Gorski, Esq. | Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton) | Continued 5/22/2024 9:00 am | ADJ to 5/8 - Bridge OTBS, debtor to be current by 5/8/24 per AR. Debtor obj, will pay<>ARREARS |
Matter ResolvedRequest Adjourment | 10 | 5/8/2024 9:00 am | 19-11810 / MBK | Robert Cameron Legg, Esq. | Motion for Exemption from filing Certification in Support of Discharge | Granted | EXEMPTION FROM FILING CERT IN SUPPORT |
Matter ResolvedRequest Adjourment | 11 | 5/8/2024 9:00 am | 19-12383 / MBK | Robert Cameron Legg, Esq. | Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton) | Order to be Submitted | 90 DAYS TO PAYOFF AND MAKE PAYMENT EVERY MONTH OR DISMISS PER JUDGE--LEGG TO SUBMIT ORDER AR NOTE CASE IN MO 63 PLAN BAL $5152 ATTY TO ADVISE IF FUNDS ARE AVAILABLE Debtor obj<>ARREARS 63 months $5152 balance |
Matter ResolvedRequest Adjourment | 12 | 5/8/2024 9:00 am | 19-15219 / MBK | Andrew Thomas Archer, Esq. | Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton) | Continued 5/22/2024 9:00 am | 4/24 AMT; DEBTOR MAKING PYMTS/1 TO COMPLETE<<>> FAILED TO PAY PLAN BALANCE |
Matter ResolvedRequest Adjourment | 14 | 5/8/2024 9:00 am | 19-15928 / MBK | Robert Cameron Legg, Esq. | Motion Withdraw As Attorney | Continued 5/22/2024 9:00 am | WE ARE TO SEND LETTER TO DEBTOR TO APPEAR ON 5/22 EDC LEGG TO SEND EMAIL FOR BROWN TO APPEAR Debtor response--wants Oliver to handle case not Legg or else wants some sort of refund<> ATTY LEGG MTN TO WITHDRAW |
Matter ResolvedRequest Adjourment | 13 | 5/8/2024 9:00 am | 19-15928 / MBK | Robert Cameron Legg, Esq. | Creditor Certification of Default | Order to be Submitted | OTBS - Debtor current through April 2024. Stay current order being entered with standard default clauses and fees. AMT: TR LTR REQUESTING CONDUIT<<>> Debtor obj, making pymts <<>>PHH/Oxonia Ave (RAS) |
Matter ResolvedRequest Adjourment | 15 | 5/8/2024 9:00 am | 19-16645 / MBK | MaryBeth Schroeder, Esq. | Motion Cross Motion | Continued 6/12/2024 9:00 am | ADJ to 6/12 Peremptory. GREGORY HEIZLER CROSS MTN FOR NUNC PRO TUNC RETENTION (Casello) |
Matter ResolvedRequest Adjourment | 16 | 5/8/2024 9:00 am | 19-16645 / MBK | MaryBeth Schroeder, Esq. | Motion Motion (Generic) - Only use if no other event is applicable | Continued 6/12/2024 9:00 am | ADJ to 6/12 Peremptory. MTN TO DISGORGE SPECIAL COUNSEL FEES |
Matter ResolvedRequest Adjourment | 17 | 5/8/2024 9:00 am | 19-23996 / MBK | MARK GOLDMAN, ESQ | Trustee Certification of Default | Withdrawn | AMT: ARREARS CURED/WILL COMPLETE TIMELYU<<>> Debtor obj, making pymts<> ARREARS |
Matter ResolvedRequest Adjourment | 18 | 5/8/2024 9:00 am | 19-24097 / MBK | Edward Hanratty, Esq. | Motion Relief from Stay (Fee) | Continued 7/10/2024 9:00 am | AMT: TR LLTR REQUESTING CONDUIT<> Debtor obj, made pymt<>NAT'L MTG/LAKEVIEW/Hope Rd (GROSS) |
Matter ResolvedRequest Adjourment | 19 | 5/8/2024 9:00 am | 19-26212 / MBK | David A. Semanchik, Esq. | Motion Relief from Stay (Fee) | Moot - Dismissed | specialized loan (stewart legal) |
Matter ResolvedRequest Adjourment | 20 | 5/8/2024 9:00 am | 19-28196 / MBK | Candyce I. Smith-Sklar, Esq. | Motion Relief from Co-Debtor Stay | Continued 6/26/2024 9:00 am | Debtor obj, will pay prior to hearing<>FREEDOM MTG /Messenger Ln (BROCK & SCOTT) |
Matter ResolvedRequest Adjourment | 21 | 5/8/2024 9:00 am | 19-29716 / MBK | Jamal J. Romero, Esq. | Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton) | Order to be Submitted | EDC TO SUBMIT ORDER---PER JUDGE TO SEND $40K TO TRUTEE BY 5/22 OR CASE TO BE DISMISSED AR CASE IN MO 55 , MULT PLANS DEPENDING ON FRIENDS REFI TR MOTION ADJ 11 X SINCE JUNE 2023 PER DEBTORS NEW REQUEST TO PAY CLAIMS NEED 40k FROM DEBTOR (FRIED) PLUS 1300 FOR 5 MO BEG. 6/1 BALANCE $12,712 TO GUCS AND NEED $19,964.69 TO DISCOVER AND $6054.32 TO NJ PLUS COMMISH=28905 =41617 TOTAL OWED APPROX. AMT: 3/27 MP WAS DENIED AND NO MP FILED IN 14 DAYS AS REQUIRED EDC MP filed on 2/14/24 - per atty, the refi has been done and funds are available - ADJ to 3/27 for the MP Confirmation (dm) conf rec dismiss per AR att. to draft order that if info not received by 11/8 the case will be dismissed--MP is marked REC DISMISSAL EDC ADJ 10/25/23 for Atty to submit documents to Trustee with respect to property that friend will refi to get money for the debtor to fund plan. Debtor obj<>FAILED TO REFI BY 8/1/21; NEEDS TO ADDRESS NY STATE LATE CLM #24-1 (POC WITHDRAWN) |
Matter ResolvedRequest Adjourment | 22 | 5/8/2024 9:00 am | 19-30843 / MBK | Robert Cameron Legg, Esq. | Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton) | Dismissed | Debtor obj, will pay<>FAILED TO PAY PLAN BALANCE SINCE SEPTEMBER NO PAYMENTS AND ADJ FROM LAST TIME TO PAY |
Matter ResolvedRequest Adjourment | 23 | 5/8/2024 9:00 am | 19-31704 / MBK | Justin M. Gillman, Esq. | Motion Relief from Stay (Fee) | Order to be Submitted | Debtor obj, filing MP to sell<>CARRINGTON MTG /Ravine Dr (BROCK & SCOTT) |
Matter ResolvedRequest Adjourment | 24 | 5/8/2024 9:00 am | 19-32698 / MBK | Warren Brumel, Esq. | Motion Relief from Stay (Fee) | Granted | ALLY /2015 Equinox(LAVIN CEDRONE) |
Matter ResolvedRequest Adjourment | 25 | 5/8/2024 9:00 am | 19-34072 / MBK | Bruce C. Truesdale, Esq. | Trustee Certification of Default | Trustee Order | ***Trustee Order: $15,504 Ptd, $3,500 lump sum 5/1/24, then $810 X 7 starting 6/1/24*** Debtor obj (blank obj) <> ARREARS |
Matter ResolvedRequest Adjourment | 26 | 5/8/2024 9:00 am | 20-11143 / MBK | Brian Gregory Hannon | Trustee Certification of Default | Withdrawn | Debtor obj, made pymt<> ARREARS |
Matter ResolvedRequest Adjourment | 27 | 5/8/2024 9:00 am | 20-13544 / MBK | Peter E. Zimnis, Esq. | Creditor Certification of Default | Granted | AR NOTES 100% CASE WITH MULT TR AND RE TAX DEFAULTS PER MOVANT 1800 OER QTR DEFAULT SINCE MAY 23 DEBTOR PD 100O AND SIGNIFICANT EQUITY Reply Brief (Doc #91) filed by the creditor (dm) Debtor obj<>US BANK, CUST TOWER DBW IV (Honig) |
Matter ResolvedRequest Adjourment | 28 | 5/8/2024 9:00 am | 20-14371 / MBK | James J. Cerbone, Esq. | Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton) | Trustee Order | AMT: $14,037 PTD (49); $610 X 11 BEG 5/1/24 (ATTY OK)<<>> FAILED TO FILE FEASIBLE PLAN; MTG ARREARS & SUPP ATTY FEES ADDED, PRIOR RECAP NOT FILED NOR IS DEBTOR PAYING HIGHER TIER |
Matter ResolvedRequest Adjourment | 29 | 5/8/2024 9:00 am | 20-21462 / MBK | Melinda D Middlebrooks, Esq | Motion Approve Compromise Under Rule 9019 | Granted | MTN TO APPROVE PI SETTLEMENT-APPX $7,100 TO PAYOFF CH 13 (100%) |
Matter ResolvedRequest Adjourment | 30 | 5/8/2024 9:00 am | 20-21589 / MBK | George E. Veitengruber, III, Esq. | Motion Vacate Dismissal of Case (DO NOT USE EVENT IF CASE IS CLOSED) | Granted | MOTION TO VACATE DISMISSAL 1) Trustee OBJ: - The Trustee issued two debtor refunds totaling $2,256.71 in April 2024. The debtor's arrears are $3,106.71 as of April 15, 2024, which includes the debtor refunds. |
Matter ResolvedRequest Adjourment | 31 | 5/8/2024 9:00 am | 20-21715 / MBK | Jonathan Stone, Esq. | Order Shorten Time | Order Previously Submitted | OTBS to file MP for 100% in order within 10 days EDC OST - MTN TO PURCHASE HOME Trustee Limited OBJ: - need to use standard order to incur new debt and disclose whether plan is affected. |
Matter ResolvedRequest Adjourment | 32 | 5/8/2024 9:00 am | 20-23241 / MBK | Peter E. Zimnis, Esq. | Motion Relief from Stay (Fee) | Order to be Submitted | amt: status change/otbs<> Debtor obj, making pymts<>NJTL CAPITAL (GARY ZEITZ) |
Matter ResolvedRequest Adjourment | 33 | 5/8/2024 9:00 am | 20-23488 / MBK | James J. Cerbone, Esq. | Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton) | Withdrawn | AMT: ARREARS CURED/WILL COMPLETE TIMELY<<>> ARREARS |
Matter ResolvedRequest Adjourment | 34 | 5/8/2024 9:00 am | 20-23613 / MBK | Kevin C. Fayette, Esq | Trustee Certification of Default | Trustee Order | RECAP WITH EWAGE IN 7 DAYS Debtor obj, can make pymt & requests recap<>ARREARS |
Matter ResolvedRequest Adjourment | 35 | 5/8/2024 9:00 am | 20-23876 / MBK | Warren Brumel, Esq. | Motion Relief from Stay (Fee) | Withdrawn | Trustee objected to the COTBS because plan payments are complete and proposed order attempted to add pp arrears to the plan (dm) ADJ to 5/8 Peremptory (dm) Debtor obj<>SPECIALIZED LOAN (McCALLA) |
Matter ResolvedRequest Adjourment | 36 | 5/8/2024 9:00 am | 20-23915 / MBK | Justin M. Gillman, Esq. | Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton) | Withdrawn | CO submitted to Chambers 5/1/24 (dm) Atty to get consent order with Eamonn - ADJ to 5/8/24 (dm) Debtor obj<>FAILED TO ADDRESS IRS LATE FILED CLM #13-1 |
Matter ResolvedRequest Adjourment | 37 | 5/8/2024 9:00 am | 21-11714 / MBK | Brad J. Sadek, Esq. | Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton) | Continued 5/22/2024 9:00 am | DEBTOR TO MAKE PAYMENT BY 5/22 PER AR Debtor proposes recap<>ARREARS |
Matter ResolvedRequest Adjourment | 38 | 5/8/2024 9:00 am | 21-13871 / MBK | Robert Manchel, Esq. | Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton) | Trustee Order | WILL DO TRUSTEE ORDER AT $195 GOING FORWARD AND EXTEND PLAN LENGTH ***Proposed Trustee Order: $8,988 Ptd, then $360 x 8 starting 6/1/24*** (AMT: RECAP EXTENDS PLAN TO 44 MO) Debtor obj, wants to pay<>ARREARS |
Matter ResolvedRequest Adjourment | 39 | 5/8/2024 9:00 am | 21-16417 / MBK | John Zimnis, Esq. | Motion Relief from Co-Debtor Stay | Granted | CAPITAL ONE /2017 Nissan (LAVIN CEDRONE) |
Matter ResolvedRequest Adjourment | 40 | 5/8/2024 9:00 am | 21-17260 / MBK | Karina Pia Lucid, Esq. | Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton) | Dismissed | SV/NATIONSTAR; ARREARS |
Matter ResolvedRequest Adjourment | 41 | 5/8/2024 9:00 am | 21-18149 / MBK | Robert Cameron Legg, Esq. | Trustee Certification of Default | Continued 7/10/2024 9:00 am | PER JUDGE - DEBTOR TO BE CURRENT THROUGH JULY OR D ON 7/10 AR NOTE 2 PRIOR RECAPS $2445.IN ARREARS DEBTOR FAILED TO REGISTER FOR EWAGE DEBTOR ASERTS $610 PENDING BY TFS Debtor obj, made pymt & requests recap<> ARREARS |
Matter ResolvedRequest Adjourment | 42 | 5/8/2024 9:00 am | 21-18362 / MBK | Jonathan Goldsmith-Cohen, Esq. | Creditor Certification of Default | Order to be Submitted | All parties agree with Conduit (dm) TR LTR REQUESTING CONDUIT<> Debtor obj, made payment<> NEW REZ/Thorne Place (McCabe Weisberg) |
Matter ResolvedRequest Adjourment | 43 | 5/8/2024 9:00 am | 22-10823 / MBK | Rodney Nelson, Esq. | Motion Relief from Stay (Fee) | Continued 6/12/2024 9:00 am | Debtor obj, applied for ERMA<>TRUIST BANK (MCCABE) |
Matter ResolvedRequest Adjourment | 44 | 5/8/2024 9:00 am | 22-11793 / MBK | Daniel E. Straffi, Esq. | Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton) | Withdrawn | AMT: MP 5/8 **SUBJECT TO TERMS**<<>> Debtor obj, filing MP<>FAILED TO LM BY 9/9/22, EXTENDED LOSS MIT EXPIRED 12/23/22; ARREARS |
Matter ResolvedRequest Adjourment | 45 | 5/8/2024 9:00 am | 22-11923 / MBK | Francis P. Cullari, Esq. | Motion Relief from Stay (Fee) | Granted | MERCEDES-BENZ /2020 GLB250W4(EISENBERG) |
Matter ResolvedRequest Adjourment | 46 | 5/8/2024 9:00 am | 22-12526 / MBK | John Zimnis, Esq. | Creditor Certification of Default | Order to be Submitted | TR LTR REQUESTING CONDUIT<> All parties agree to Conduit (dm) Debtor obj, will pay<> US BANK/Toms River Rd (RAS) |
Matter ResolvedRequest Adjourment | 47 | 5/8/2024 9:00 am | 22-12736 / MBK | Peter E. Zimnis, Esq. | Trustee Certification of Default | Order to be Submitted | OTBS BY TRUSTEE TO GET CERTS FROM CONTRIBUTOR AND EXTEND TO 60 MONTH CASE CASEAR NOTE DEBTOR IN NURSING HOME - NOT COMPETENT , SSI NOW GOING TO NURSING HOME , AND NO POA OR GUARDIANSHIP EQUITY IN PTY AND ORDER SAYS ORDER GIVE PROSPECTIVE RELIEF ADJ to 5/8 for $800 TFS payment to clear Atty filed obj<> ARREARS |
Matter ResolvedRequest Adjourment | 48 | 5/8/2024 9:00 am | 22-13111 / MBK | Justin M. Gillman, Esq. | Creditor Certification of Default | Continued 6/12/2024 9:00 am | Debtor obj, under contract<> LOAN DEPOT/Kent Place (McCabe Weisberg) |
Matter ResolvedRequest Adjourment | 49 | 5/8/2024 9:00 am | 22-13328 / MBK | Warren Brumel, Esq. | Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton) | Withdrawn | AMT: MP 5/8 **HR** Debtor obj, filing MP to sell home <> ARREARS |
Matter ResolvedRequest Adjourment | 50 | 5/8/2024 9:00 am | 22-14391 / MBK | Scott E. Kaplan, Esq. | Motion Relief from Stay (Fee) | Continued 5/22/2024 9:00 am | Debtor obj, paying arrearage<>TLOA OF NJ (PELLEGRINO) |
Matter ResolvedRequest Adjourment | 51 | 5/8/2024 9:00 am | 22-15454 / MBK | Carol L. Knowlton, Esq. | Motion Extend Time | Continued 6/12/2024 2:00 pm | EXTEND SALE TIME--ZONING ISSUES NOW WANTS TO SELL LLC THAT OWNS PROPERTY |
Matter ResolvedRequest Adjourment | 52 | 5/8/2024 9:00 am | 22-15454 / MBK | Carol L. Knowlton, Esq. | Motion Cross Motion | Continued 6/12/2024 2:00 pm | Debtor obj; creditor reply<>CREDITOR, MITCHELL CROSS MTN TO CONVERT TO CH 7 (Kasen) |
Matter ResolvedRequest Adjourment | 53 | 5/8/2024 9:00 am | 22-15527 / MBK | Candyce I. Smith-Sklar, Esq. | Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton) | Continued 6/12/2024 9:00 am | MP scheduled for 6/12 Debtor obj, will pay arrears (does not address LM deficiency)<> FAILURE TO LM BY 4/1/24; ARREARS |
Matter ResolvedRequest Adjourment | 54 | 5/8/2024 9:00 am | 22-17497 / MBK | Yakov Rudikh, Esq. | Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton) | Dismissed | ARREARS; STATUS OF PI LAWSUIT |
Matter ResolvedRequest Adjourment | 55 | 5/8/2024 9:00 am | 22-17525 / MBK | Steven J. Abelson, Esq. | Motion Reinstate Stay | Denied | AMT: TR LTR REQUESTING CONDUIT<> Deutsche obj (RAS)<>REINSTATE STAY |
Matter ResolvedRequest Adjourment | 56 | 5/8/2024 9:00 am | 22-17601 / MBK | Andrew Thomas Archer, Esq. | Motion Relief from Stay (Fee) | Order to be Submitted | Debtor obj, made pymt<>ALLY CAPITAL (LAVIN CEDRONE) |
Matter ResolvedRequest Adjourment | 57 | 5/8/2024 9:00 am | 22-18791 / MBK | George E. Veitengruber, III, Esq. | Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton) | Continued 7/10/2024 9:00 am | AMT: MP 5/8 **NEEDS RESOLUTION**<<>> Debtor obj, fee app filed<>FAILED TO LM WITHIN 30 DAYS OF 5/10/23 CONF-EXTENDED LOSS MITIGATION EXPIRED 2/1/24; FAILED TO FILE FEE APP FOR AMOUNT RECEIVED OVER $4,750 WIHTIN 14 DAYS OF 5/10/23 CONF |
Matter ResolvedRequest Adjourment | 58 | 5/8/2024 9:00 am | 22-19738 / MBK | Marc C. Capone, Esq. | Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton) | Continued 6/26/2024 9:00 am | TO GET CURRENT AND TAXES RESOLVED BY 6/26 PER AR Debtor obj<>FAILED TO ADDRESS EST NJ DIV TAX CLM #8-1 |
Matter ResolvedRequest Adjourment | 59 | 5/8/2024 9:00 am | 22-20160 / MBK | Joseph Casello, Esq. | Order Shorten Time | Granted | Debtor response to Tr obj<>MTN TO PURCHASE HOME<<>> Trustee objection: (1) The debtor has failed to update the schedules showing combined income from himself and his new wife. (2) The debtor needs to provide updated proof of income. (3) The debtor's new monthly mortgage expense will increase from $2000 to $4500 monthly without a meaningful distribution to unsecured creditors. (4) The debtor has failed to provide information on the amount of the down payment and source. $4500 new mortgage payment rent is currently $2000 monthly $631k loan |
Matter ResolvedRequest Adjourment | 60 | 5/8/2024 9:00 am | 23-10360 / MBK | Andre L. Kydala, Esq. | Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton) | Continued 5/22/2024 9:00 am | Debtor obj. LM docs submitted to mtg co several times<>FAILED TO LM BY 8/1/23, EXTENDED LOSS MIT EXPIRED 3/20/24 |
Matter ResolvedRequest Adjourment | 61 | 5/8/2024 9:00 am | 23-10696 / MBK | Bruce C. Truesdale, Esq. | Motion Relief from Stay (Fee) | Order to be Submitted | Debtor obj, made pymt & requests 6 mo cure<>SANTANDER /2015 BMW (EISENBERG) |
Matter ResolvedRequest Adjourment | 62 | 5/8/2024 9:00 am | 23-11619 / MBK | Karina Pia Lucid, Esq. | Motion Relief from Stay (Fee) | Order to be Submitted | Debtor obj, made pymts<>PNC /E. Militia Rd (MARTONE & UHLMANN) |
Matter ResolvedRequest Adjourment | 63 | 5/8/2024 9:00 am | 23-11817 / MBK | Daniel E. Straffi, Esq. | Trustee Certification of Default | Dismissed | Debtor obj, can make pymt & requests recap<> ARREARS |
Matter ResolvedRequest Adjourment | 64 | 5/8/2024 9:00 am | 23-11898 / MBK | Lee M. Perlman, Esq. | Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton) | Continued 6/12/2024 9:00 am | DEBTOR TO FILE A MOTION AGAINST CLAIM BY 6/12 AND WE CAN ADJ AGAIN IF NECESSARY EDC Debtor obj, disputes claim<<>>FAILED TO ADDRESS LATE FILED CLAIM, SAIDA CLARKE |
Matter ResolvedRequest Adjourment | 65 | 5/8/2024 9:00 am | 23-12338 / MBK | Robert Cameron Legg, Esq. | Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton) | Trustee Order | AMT: PPSD TR ORDER: $ 10,488 PTD (13); $1,850 X 47 BEG 5/1/24; BERKELEY TWP PER PLAN STRICKEN (EMAIL TO ATTY) Amended IRS consent order is ready to submit (dm) Possible recap once consent orders with NJ & IRS are entered to pay claims (dm) Debtor Obj <<<>>> ARREARS ($4,700 as of 2/21/24) FAILED TO ADDRESS PER PLAN CLAIMS: BERKELEY TWP (okay to strike) & NJ DIV TAX (creditor filed an amended claim) |
Matter ResolvedRequest Adjourment | 66 | 5/8/2024 9:00 am | 23-12568 / MBK | Robert Cameron Legg, Esq. | Trustee Certification of Default | Trustee Order | AMT: $ 5415 PTD (13); $ 658 X 47 BEG 5/1/24; DEBTOR TO REGISTER FOR TSF WITHIN 15 DAYS ( ATTY OK)<<>> Debtor obj, making pymt<> ARREARS |
Matter ResolvedRequest Adjourment | 68 | 5/8/2024 9:00 am | 23-12630 / MBK | Christopher G. Cassie, Esq. | Motion Motion (Generic) - Only use if no other event is applicable | Order to be Submitted | edc sent Cassie email SUSPEND TRUSTEE PAYMENTS |
Matter ResolvedRequest Adjourment | 67 | 5/8/2024 9:00 am | 23-12630 / MBK | Christopher G. Cassie, Esq. | Trustee Certification of Default | Withdrawn | Debtor obj, filed mtn to suspend pymts<> ARREARS |
Matter ResolvedRequest Adjourment | 69 | 5/8/2024 9:00 am | 23-13504 / MBK | Daniel E. Straffi, Esq. | Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton) | Dismissed | ARREARS (AMT: SALE PROVISION NOW PAST DUE 5/1/24) |
Matter ResolvedRequest Adjourment | 70 | 5/8/2024 9:00 am | 23-13898 / MBK | Candyce I. Smith-Sklar, Esq. | Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton) | Continued 6/12/2024 9:00 am | MP scheduled for 6/12 Debtor obj, filing MP; applying for ERMA<>FAILED TO COMLETE LM BY 12/6/23; EXTENDED LOSS MIT EXPIRED 3/6/24 |
Matter ResolvedRequest Adjourment | 71 | 5/8/2024 9:00 am | 23-14007 / MBK | Robert H. Johnson, Esq. | Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton) | Continued 6/12/2024 9:00 am | MP scheduled for 6/12 Debtor obj, filing MP<>FAILED TO SELL DANELLA WAY PPTY BY 3/1/24; ARREARS |
Matter ResolvedRequest Adjourment | 72 | 5/8/2024 9:00 am | 23-14838 / MBK | Jeffrey E. Jenkins, Esq. | Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton) | Withdrawn | AMT: MP 5/8<<>> SV/FRONT ST; FAILED TO FILE MTN TO CRAM CARAVANA #4-1 WITHIN 15 DAYS OF 10/17/23 CONF |
Matter ResolvedRequest Adjourment | 73 | 5/8/2024 9:00 am | 23-16093 / MBK | Daniel E. Straffi, Esq. | Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton) | Continued 6/12/2024 9:00 am | AMT: mp 6/12 (<>> Debtor obj, filed MP<>FAILED TO COMPLETE LM BY 3/27/24 |
Matter ResolvedRequest Adjourment | 74 | 5/8/2024 9:00 am | 23-16826 / MBK | Jonathan Goldsmith-Cohen, Esq. | Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton) | Withdrawn | AMT: both filed<> FAILED TO FILE PRECONF CERT & FEE APP |
Matter ResolvedRequest Adjourment | 75 | 5/8/2024 9:00 am | 23-16983 / MBK | Jonathan Goldsmith-Cohen, Esq. | Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton) | Withdrawn | AMT: both filed<> FAILED TO FILE PRECONF CERT BY 11/28/23; FAILED TO FILE FEE APP WITHIN 7 DAYS OF 11/8/23 CONF (HOURLY FEES PD OUTSIDE) |
Matter ResolvedRequest Adjourment | 76 | 5/8/2024 9:00 am | 23-17022 / MBK | Jonathan Goldsmith-Cohen, Esq. | Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton) | Withdrawn | AMT; both filed<> FAILED TO FILE FEE APP BY 2/6/24; FAILED TO FILE PRE CONF CERT BY 2/14/24 (FILED); |
Matter ResolvedRequest Adjourment | 77 | 5/8/2024 9:00 am | 23-17390 / MBK | Robert Cameron Legg, Esq. | Motion Authority to Obtain Credit Under Sect.364, Rule 4001(c) or (d)/Refinance | Granted | MTN TO APPROVE ERMA ASSISTANCE |
Matter ResolvedRequest Adjourment | 78 | 5/8/2024 9:00 am | 23-17995 / MBK | George E. Veitengruber, III, Esq. | Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton) | Dismissed | SV/US BANK TRUST; FAILED TO SELL NELSON DR PPTY BY 3/31/24 |
Matter ResolvedRequest Adjourment | 79 | 5/8/2024 9:00 am | 23-18220 / MBK | Jonathan Goldsmith-Cohen, Esq. | Motion Trustee Motion to Dismiss/Wage Order (Camden/Trenton) | Withdrawn | AMT: filed<> FAILED TO FILE FEE APPLICATION WITHIN 7 DAYS OF 12/13/23 CONFIRMATION |
Matter ResolvedRequest Adjourment | 80 | 5/8/2024 9:00 am | 23-18323 / MBK | George E. Veitengruber, III, Esq. | Motion Relief from Co-Debtor Stay | Order to be Submitted | 5/2 AMT: PARTIES AGREED TO ORDER/SUBMITTED TO CHAMBERS UNDER 7 DAY<<>> 4/25 AMT: DRAFT CONDUIT ORDER TO PARTIES<<>> Debtor okay with conduit - Ray needs to check with creditor but will email Anita with figures - ADJ to 5/8/24 (dm) AMT: TR LTR REQUESTING CONDUIT<> Debtor obj, made pymt<>PNC BANK / W. Bangs Ave (FEIN SUCH) |
Matter ResolvedRequest Adjourment | 81 | 5/8/2024 9:00 am | 23-18409 / MBK | Andrew M. Carroll, Esq. | Motion Relief from Stay (Fee) | Withdrawn | 5/8 amt: Status Ch/withdrawn<>> Debtor obj,<>ALLY CAPITAL /2016 Yukon (LAVIN CEDRONE) |
Matter ResolvedRequest Adjourment | 82 | 5/8/2024 9:00 am | 23-19626 / MBK | Justin M. Gillman, Esq. | Motion Relief from Stay (Fee) | Order to be Submitted | Debtor obj, made pymt<>AMERICREDIT FINC/2022 Equinox (EISENBERG) |
Matter ResolvedRequest Adjourment | 83 | 5/8/2024 9:00 am | 23-20501 / MBK | Marc C. Capone, Esq. | Motion Expunge Claims/Reduce Claims/Modify Claims/Object To | Granted | MTN TO RECLASSIFY POC AFNI INC FROM SECURED TO UNSECURED |
Matter ResolvedRequest Adjourment | 84 | 5/8/2024 9:00 am | 23-20623 / MBK | Yakov Rudikh, Esq. | Notice of Hearing (Upload) | Judge to Reserve Decision | FAILURE TO FILE SCHEDULES |
Matter ResolvedRequest Adjourment | 85 | 5/8/2024 9:00 am | 24-10550 / MBK | Daniel E. Straffi, Esq. | Motion Approval to Participate in the Court's Loss Mitigation Program | Granted | LOSS MIT/CARRINGTON MTG |
Matter ResolvedRequest Adjourment | 86 | 5/8/2024 9:00 am | 24-10552 / MBK | Donald C. Goins, Esq. | Motion Approval to Participate in the Court's Loss Mitigation Program | Granted | LOSS MIT |
Matter ResolvedRequest Adjourment | 87 | 5/8/2024 9:00 am | 24-12150 / MBK | Robert Cameron Legg, Esq. | Motion Expunge Claims/Reduce Claims/Modify Claims/Object To | Granted | MTN TO MODIFY TD RETAIL CLM #2 TO $500 SECURED /$2,754.52 UNSECURED |
Matter ResolvedRequest Adjourment | 88 | 5/8/2024 9:00 am | 24-12536 / MBK | Paul H. Young, Esq. | Motion Relief from Stay (Fee) | Granted | CREDIT UNION OF NJ/2001 BMW (McKENNA DuPONT) |
Matter ResolvedRequest Adjourment | 89 | 5/8/2024 9:00 am | 24-13455 / MBK | Vera Fedoroff, Esq. | Order Shorten Time | Order to be Submitted | PREVIOUS BRIDGE ORDER TO TODAY FOR UPDATE, 341 HELD AND MADE PAYMENT BUT MAY NOT BE FEASIBLE DUE TO NEED FOR PROMPT CURE TO LANDLOR--- AR NOTE THJIS IS WHAT WILL BE NEEDED FOR PROMPT CURE AT 18 MOS 5/8/24 (SF) To pay prompt cure, debtor will need to pay $512 x 1, $1,668 x 17; $512 x 18 Base plan - 18-month cure (Plan is not feasible) AR NOTES MBK HEARD BEFORE , HAZLET CONTINUES TO BE CONCERNED ABOUT FILING HISTORY AND ABILITY TO CURE BY PLAN , NOTE PLAN DOESNT PROVIDE FULL AMOUNT OF ARREAS AND NO PROMPT CURE Bridge Order - Stay imposed through 5/8/24 (dm) OST - MTN TO IMPOSE STAY |
Matter ResolvedRequest Adjourment | 90 | 5/8/2024 9:00 am | 24-13639 / MBK | Yakov Rudikh, Esq. | Motion Impose Automatic Stay | Withdrawn | Landlord, Ramaligam Opp (Ragan)<>MTN EXTEND STAY |
Matter ResolvedRequest Adjourment | 91 | 5/8/2024 9:00 am | 24-13664 / MBK | Marc C. Capone, Esq. | Motion Impose Automatic Stay | Granted | MTN TO CON'T STAY |
Matter ResolvedRequest Adjourment | 92 | 5/8/2024 9:00 am | 24-13791 / MBK | Paul S. Pflumm, Esq. | Motion Extend Time | Granted | EXTEND STAY ALL CREDS |
Matter ResolvedRequest Adjourment | 93 | 5/8/2024 9:00 am | 24-13841 / MBK | Kevin C. Fayette, Esq | Motion Extend Time | Granted | LCL Management obj (McDowell)<>EXTEND STAY |
Matter ResolvedRequest Adjourment | 94 | 5/8/2024 9:00 am | 24-13841 / MBK | Kevin C. Fayette, Esq | Motion Confirming Automatic Stay is Not in Effect | Order to be Submitted | Cross Motion for Order that Automatic Stay is Not in Effect |
Matter ResolvedRequest Adjourment | 95 | 5/8/2024 9:00 am | 24-13896 / MBK | Eugene Roth, Esq. | Motion Extend Time | Granted | MTN TO CONTINUE STAY |
Matter ResolvedRequest Adjourment | 96 | 5/8/2024 9:00 am | 24-13924 / MBK | Candyce I. Smith-Sklar, Esq. | Motion Impose Automatic Stay | Granted | MTN EXTEND STAY |
Matter ResolvedRequest Adjourment | 97 | 5/8/2024 9:00 am | 24-13994 / MBK | Robert Cameron Legg, Esq. | Order Shorten Time | Granted | MTN TO EXTEND STAY |
Matter ResolvedRequest Adjourment | 98 | 5/8/2024 10:00 am | 20-23883 / MBK | Bruce C. Truesdale, Esq. | Confirmation Hearing on Modified Plan | Confirmed | AS OF 5/1/2024 (at): CASE IS PAID IN FULL. RECOMMEND: $350 X 36 BEGINNING 1/1/2021, BASE MP proposes: $350 x 36, base (Surrender of 2018 Hyundai Elantra. Till Rate no longer necessary. Plan has run 36 months. No more plan payments required) |
Matter ResolvedRequest Adjourment | 99 | 5/8/2024 10:00 am | 21-15054 / MBK | Edward Hanratty, Esq. | Confirmation Hearing on Modified Plan | Confirmed | ISSUES AS OF 4/29/2024 (DM): Atty accepts terms. ***TRUSTEE CAN RECOMMEND CONFIRMATION AT $22,587.65 PTD, THEN $631 x 26 STARTING 5/1/24, BASE PLAN*** Confirmed Case: $2,574 Ptd, $600 x 53, Base Plan. Prop. MP: Ptd, $600 x 53, Base Plan. PTD = $22,587.65, Arrears $306 as MP filed. Last Claim (5-2) dated 10/23/23. |
Matter ResolvedRequest Adjourment | 100 | 5/8/2024 10:00 am | 22-10362 / MBK | George E. Veitengruber, III, Esq. | Confirmation Hearing on Modified Plan | Continued 5/22/2024 10:00 am | AS OF 4/26/24 (SF) 1. The debtor paid off mortgage. Did the sale take place? There is no sale order or HUD (NEED STATUS) 2. Plan must remain 100% due to nonexempt equity in real estate MP proposes $1582 x 34 Base Plan has run 27 months with 33 months remaining Arrears: $10,914 through March 2024 |
Matter ResolvedRequest Adjourment | 101 | 5/8/2024 10:00 am | 22-11793 / MBK | Daniel E. Straffi, Esq. | Confirmation Hearing on Modified Plan | Confirmed | ISSUES AS OF 4/29/2024 (DM): Atty accepts terms ***Based upon remaining filed claims, TRUSTEE CAN RECOMMEND CONFIRMATION AT $9,200 PTD, THEN $400 x 19 STARTING 5/1/24, 100% PLAN*** 1) MP proposes $7,104.13 priority treatment to the IRS - amended claim filed for $3,894.28 (TRUSTEE TO PAY PER CLAIM UNLESS THERE IS A CONSENT ORDER TO PAY HIGHER AMOUNT.) 2) MP fails to treat Wells Fargo on 2009 GMC Acadia (TREAT AS SECURED UNAFFECTED??) Confirmed Case: $400 x 60, Base Plan. Prop. MP: $8,400 Ptd, $400 x 35, Base Plan. PTD = $9,200, Arrears $800 as MP filed. Last Claim (1-3) dated 8/22/22. |
Matter ResolvedRequest Adjourment | 102 | 5/8/2024 10:00 am | 22-13328 / MBK | Warren Brumel, Esq. | Confirmation Hearing on Modified Plan | Confirmed | As Of 4/24/24(mk): email to atty- ok to terms **CAN REC CONFIRN AT $20,110 PTD The $675 x 11 Begin 5/1/24 Then $20,750 x 1 Begin 4/1/25. BASE Sale of real property by 10/15/24. Trustee to pay arrears pending sale. Student loans outside plan. Low base pending sale. Secured claim #4-1 of Unifund will be paid the balance of their claim 1,679.24 through the plan per Order entered on 8/12/22 at docket #31. Plan shortened to total 36 mos** MP proposes 20,110 PTD; $675 X 11; $20,750 X 1 ( SALE OF 86 FIELDCREST WAY BY 10/15/24); DEBTOR RETIRED AND DESIRES TO SELL PROPERTY ALL CLMS TO BE PAID IN FULL Plan has run 24 mos and 36 remain |
Matter ResolvedRequest Adjourment | 103 | 5/8/2024 10:00 am | 22-17525 / MBK | Steven J. Abelson, Esq. | Confirmation Hearing on Modified Plan | Dismissed | ISSUES AS OF 5/2/2024 (DM): Need $50,000 proposed in the MP by 4/8/24 before confirmation is entertained. Per Order (Doc #70), the stay was automatically lifted on 4/1/24 with respect to the PHH Mortgage on the Corbin Ave property. Motion to Reinstate the Stay scheduled for 5/8/24. 1) Need Fee App ($500) within 7 days of confirmation. Confirmed Case: $1,650 Ptd, $150 x 25, 100% Plan with $527,883 Min Div. - balance of plan to be paid from sale of Bidwell Ave by 3/31/24. Prop. MP: $2,550 Ptd, $150 x 42, 100% Plan. - $50,000 contribution from brother by 4/8/24. - sale of Bidwell property by 12/31/25. - $50,000 contribution from brother by 12/31/25 if Bidwell property does not sell. PTD = $2,850, Arrears $0 as MP filed. Last Claim (2-1) dated 5/22/23. |
Matter ResolvedRequest Adjourment | 104 | 5/8/2024 10:00 am | 22-18475 / MBK | Robert C. Nisenson, Esq. | Confirmation Hearing Scheduled | Confirmed | ISSUES AS OF 4/29/2024 (DM): ***Refi is complete. TRUSTEE CAN RECOMMEND CONFIRMATION AT $6,600 PTD, NO FURTHER PAYMENTS, 100% PLAN*** ADJ to 5/8/24 Peremptory. ADJ to 4/10/24 Peremptory (dm) Motion Authorizing Refi scheduled for 2/28/24 (COTBS - Refi within 45 days.) Powers received proof that a Refi has been submitted. 1) CitiMortgage (POWERS) OBJs - proposed Refi is speculative (OBJ WITHDRAWN PER STATUS CHANGE FORM). 2) Debtor needs to file an amended Sch I&J and provide updated proof of income if Plan payment is to be reduce from $500 to $200 (ATTY ADVISES THAT DEBTOR WILL CONTINUE PAYMENTS AT $500 PER MONTH). Interim Confirmed Case: $1,600 Ptd, $500 x 52 start 7/1/23, 100% Plan Prop. MP: $3,600 Ptd, $200 x 60, 100% Plan - Refi within 60 days PTD = $6,600, Arrears $0 as MP filed. Last Claim (2-1) dated 12/27/22 |
Matter ResolvedRequest Adjourment | 105 | 5/8/2024 10:00 am | 22-18701 / MBK | Robert Cameron Legg, Esq. | Confirmation Hearing on Modified Plan | Order to be Submitted | 5/1/24(mk); don't see a decision by Judge Kaplan on the Motion re: attys fees for MFR/conduit - atty fees of creditor are at issue 4/24/24::Waiting for Judge decision on Motion MBK to decide motion by 4/19/24 and then we can work-up conduit numbers (dm) Mk: will need update on numbers on MFR so conf terms and MRF Order( conduit) are consistent. 3/27/24: still discussing reasonableness of lender's atty fee and debtor reviewing arrears amt. As of 3/25/24(mk): Updated >>MFR NEW REZ/SHELL PONIT ( RAS) ON 3/27- LOOKS LIKE IT WILL BE CONDUIT SO WILL NEED NUMBERS SO ORDER AND PLAN ARE CONSISITENT. Tr needs an order to pay the post petition in plan so only question is if it will be conduit or not? MP proposes $2,519 X 45; BASE ADDING POST-PET MTG ARR 19,440.72 plan has run 16 mos and 44 remain PLAN ARREARS AS OF FEB WHEN MP WAS FILED $1,783 NOW IN MARCH ARREARS ARE 1233.76 PRIOR PLAN CONF AT $4,756.05 PTD (5 MOS) $1,956 X 55 BEG 5/1/23 ; BASE $112,336.05 ------------- 1.Trustee Objection: UPDATED POI PROVIDED - DISPOS INCOME still a bit higher but w/o OT willbe less going forward THE POI IS ALL FROM 2023- NEED 2024 JAN- PRESENT- AMENDED i SAYS CO DEBTOR DOES NOT GET OT ANYMORE SO NEED THE 2024 STUBS AND PROOF OF VA INCOME |
Matter ResolvedRequest Adjourment | 106 | 5/8/2024 10:00 am | 22-18791 / MBK | George E. Veitengruber, III, Esq. | Confirmation Hearing Scheduled | Continued 7/10/2024 10:00 am | CLOSE DATE JUNE 28TH AS OF 4/29/24 (SF) 1. Modified plan removes loan mod and proposes a sale. Sale date has already passed (Need status of debtor's intention to sell) 2. Trustee motion to dismiss scheduled for 5/8 at 9 3. Motion for Compensation by Attorney Goldsmith-Cohen scheduled for 5/8 at 2 MP proposes $150 x 60 100% Plan; sale by 3/1/24 Plan has run 17 months with 43 months remaining Removes loss mit as debtor was denied. Now proposes a sale |
Matter ResolvedRequest Adjourment | 107 | 5/8/2024 10:00 am | 23-10799 / MBK | Allen I. Gorski, Esq. | Confirmation Hearing Scheduled | Continued 7/10/2024 10:00 am | ADJ 7/10/24 Peremptory - Atty provided DM with updated income showing about $550 in disposable income. He wants to get documentation regarding paying DSO directly outside the plan. ISSUES AS OF 4/30/2024 (DM): updated 5/1/24. ***Debtor needs $676/month to fund the plan. Trustee needs to see commitment from the debtor by making the higher payment before confirming case*** ADJ to 5/8 Peremptory to address feasibility (UPDATED PAY STUBS RECEIVED SHOWING $579 IN MONTHLY DISPOSABLE INCOME.) 1) Debtor needs to file a POC on behalf of the DSO recipient (LATE FILED CLAIM FILED BY DEBTOR'S COUNSEL.) 2) Trustee OBJ: - Plan is not feasible - Plan only proposes $100 x 36 months plus speculative PI claim - minimum funding for the plan consists of $11.2k DSO claim, $3.6k claim for Chapter 7 Trustee fees, $9.9k claim for Atty representing Ch 7 Trustee, and $8.7k Debtor Atty fee plus Trustee comp. - Must file Chapter 13 Attorney Disclosure form (UNRESOLVED.) - Need to amend Sch B & C to add bank acct shown on debtor's pay stubs (UNRESOLVED.) - PI claim is speculative, so plan payments need to be increased to pay claims. ***RESOLVED ISSUES*** ADJ by MBK to 3/13/24 - Atty to provide updated with respect to tax issue (gas tax credit.) Note that as of 2/14/24, the tax return has not been amended and the debtor has not received the $30k tax refund (TAX RETURN WAS AMENDED 3/6/24 - dm) A) Trustee OBJ: - 2022 tax refund $30,215 not listed on Sched I as income (see Ch. 7 Trustee Doc #34. Tax return was amended 3/6/24.) - Disposable income verifies at $460/month, plus prorated tax refund of $30,215 ($2,517.91/month) results in $2,978 monthly disposable income (HAVE TAX RETURNS BEEN AMENDED? WHERE IS THE $30k REFUND? Tax return was amended 3/6/24.) - Need 2 months bank statements from acct#6984 shown on pay stubs, prior to converting. (PROVIDE COMBO BANK STATEMENTS FROM MVB BANK/CREDIT KARMA SAVINGS ACCT #2162/CHECKING ACCT #6984.) - PI attorney needs to be appointed in this case |
Matter ResolvedRequest Adjourment | 108 | 5/8/2024 10:00 am | 23-13915 / MBK | Camille J. Kassar, Esq. | Confirmation Hearing on Modified Plan | Continued 6/12/2024 10:00 am | NFA 5/1 workup EDC ADJ to 5/8 Peremptory ADJ to 3/13 to see where Loan Mod app is - NEED UPDATED FROM NEW REZ--CHANGED SERVICER SO SENT IN NEW PACKAGE IN APRIL EDC 3/29 workup for the 4/10 calendar EDC -9 months old -- 2nd MP filed that attempts to extend LM date and raise trustee payments - wants 3/30/24 as new LM date. There is only $1500 in monthly disposable income but wants to pay over $4800 to trustee. - NewRez LLC d/b/a Shellpoint Mortgage Servicing (Pincus Law Group) objection to confirmation - estimated pre-petition arrears $147,878.16 ---WHAT IS LM STATUS? ** Trustee objection to confirmation - need to resolve - Schedule J does not include mortgage expense for the Lavallette property. - The proof of income provided is approximately $3,000 less than provided in the schedules. The debtor needs to provide updated proof of income. proposed MP plan paid to date then 4802 x 51 beg 2/1/24 100% PLAN WITH LOAN MOD BY 3/31/2024 --------------------- resolved: - Need to file Pre-Confirmation Certification with Court - FILED, RESOLVED - A copy of the homeowner's insurance renewal declaration - policy for W. Dune Way property, RESOLVED, THIS POLICY ALSO COVERS THE VACANT LAND AT 120 W DUNE WAY (LISTED UNDER OTHER INSURED LOCATIONS) - A Modified Plan that includes the IRS claims, RESOLVED |
Matter ResolvedRequest Adjourment | 109 | 5/8/2024 10:00 am | 23-14838 / MBK | Jeffrey E. Jenkins, Esq. | Confirmation Hearing on Modified Plan | Confirmed | 5/2 workup EDC Confirm at: $3393 paid then $367 x 37 beg 6/1/24- 0%=Attorney to file fee application for any additional fees within 7 days in order to receive additional fees=reject Jack Naser 121 Front Street lease and to be paid 0% with other unsecured claims=trustee will pay Carvana Secured claim in full and unsecured portion will be pay 0% with other unsecured claims |
Matter ResolvedRequest Adjourment | 110 | 5/8/2024 10:00 am | 23-16291 / MBK | Andre L. Kydala, Esq. | Confirmation Hearing Scheduled | Dismissed | NS AS OF 04/30/24 (SF) BELOW ISSUES STILL APPLY, ADJ 4 TIMES - CASE IS 9 MOS OLD - 2017,2018 and 2019 returns still not filed. 1. IRS filed estimated unsecured claim 2-1 (NEED AMENDED CLAIM) 2. State of NJ filed estimated unsecured claim 3-1 (NEED AMENDED CLAIM) 3. Trustee objection: - Need Proof of the value of the debtor's 1% interest in his brothers LLC (STILL NEED)(will be 100%) -Excessive expenses on Schedule J: $400/home maintenance; $750/food for 1 person -There is $67,695 non-exempt equity in house (PLAN WILL REQUIRE 100%) Plan proposes $480 x 60 Base Payments: 9/9 |
Matter ResolvedRequest Adjourment | 111 | 5/8/2024 10:00 am | 23-16744 / MBK | Demetrius J. Parrish Jr. | Confirmation Hearing Scheduled | Continued 5/22/2024 10:00 am | **DEBTOR TO GET CURRENT, GET ORDERS IN, RESOLVE SOUTH FORK AND RESOLVE 22C ISSUES BY 5/22 EDC AS OF 5/1/24 (SF) BELOW ISSUES STILL APPLY. CASE IS 9 MOS OLD. DEBTOR IS NOT CURRENT AND HAS NOT STEPPED UP TO HIGHER TIER OF $1069 WHICH WOULD HAVE BEGUN IN MARCH 2024. 1. Objection filed by South Fork at Ewing (Gorski) - failure to pay arrears of $25,685.68. 2. Motion for Relief filed by Lakeview Loan 2/28/24 at 9 (OTBS - STILL NEED ORDER) 3. Motion for Relief filed by South Fork At Ewing 2/28/23 at 9 (OTBS - STILL NEED ORDER) 4. Trustee objection: - Need 2 months (June & July) bank statements from PNC Bank acct. (STILL NEED JULY) - 22c has disposable income $821.50, which requires minimum dividend $49,290 to gucs. (22 AMENDED BUT LINE 41 DEDUCTION OF $1422 IS INCORRECT. RETIREMENT DEDUCTIONS DO NOT TOTAL $1422. THE BALANCE OF THE PENSION LOAN MUST BE DIVIDED BY 60 MONTHS) - Need pension loan balance statement prior to filing date. (STILL NEED STATEMENT FOR PENSION LOAN) DOCUMENT PROVIDED IS NOT A PENSION STATEMENT Plan proposes $398.17 x 6; $1069 x 54 Base Plan Payments: 6.2/9 Arrears: $2808.83 RESOLVED ISSUES: - There is estimated non-exempt equity in real property pending all secured claims against property. (There is no equity) - Must file Pre-confirmation certificate. (FILED) - Objection filed by South Fork at Ewing HOA (Knowlton) - failure to provide for secured amount of $8589.14 and failure to pay all disposable income into the plan. (MP FILED) - South Fork at Ewing HOA filed secured claim for $8589.14 with amount necessary to cure default in the amount of $25,685.68. (MUST RESOLVE) MP FILED - Need Modified Plan and amended Attorney Disclosure Statement to correct the fees. Claims are higher: - Lakeview Loan filed arrears claim 7-1- for $19,384.33 - The current Plan does not specify treatment of US Dept of HUD under the Plan. |
Matter ResolvedRequest Adjourment | 112 | 5/8/2024 10:00 am | 23-17572 / MBK | Herbert B. Raymond, Esq. | Confirmation Hearing Scheduled | Continued 6/12/2024 10:00 am | ADJ to 6/12/24 Peremptory. ISSUES AS OF 4/30/2024 (DM): ***Debtor still needs to address feasibility. MP is simply pushing significantly higher payment of $3,150 down the road*** ADJ to 3/27 to see if debtor can pay Feb & March - otherwise case should be dismissed. Debtor needs $2,320 x 55 starting February to fund the plan. Attorney needs to address feasibility. 1) Carrington Mortgage (HILL WALLACK) OBJs - property was sold at Sheriff Sale 8/22/23, Bk Petition filed 8/30/23, mortgage arrears $111,370.95 and redemption was extended to 10/29/23. OBJ also to Loan Mod. MOTION TO SET ASIDE SHERIFF SALE WAS GRANTED BY STATE COURT. Still need to treat the claim (CONSENT ORDER ENTERED - $111,370.95 ARREARS SHALL BE PAID THROUGH THE PLAN.) 2) If paying $4,750 fee balance to Franklin Montero, need estimated fee for Herb Raymond (UNRESOLVED.) 3) Trustee OBJ: - Debtor has insufficient income. After deducting car payment and auto insurance, which verified lower, disposable income verifies at $216 per month. - Need to amend Sch J to remove car payment $400 - loan completed (NO AMENDED SCH J FILED. TRUSTEE DEDUCTED EXP - STILL HAS INSUFFICIENT DISP INCOME OF $216.) - Need to file Pre-Confirmation Certificate (UNRESOLVED.) ***RESOLVED ISSUES*** A) Trustee OBJ: - Need updated CMA - CMA is dated 2/28/22 and attaches old comps from 2020-2022 (PLAN NEEDS TO BE 100% BASED UPON $319 FILED CLAIMS. TRUSTEE WILL USE $385,500 ZILLOW VALUE FOR ANY THRESHOLD.) - There is $5,454 non-exempt equity in Bank of America acct (TOTAL GUCS FILED IS $319, PLAN WILL BE 100%.) - Need auto insurance for car that is listed as car payment on Sch J (AUTO INSURANCE PROVIDED HAS 2005 HONDA, NO NEWER CAR LISTED.) Prop. Plan $509.56 x 7, $850 x 18, $3,150 x 35, 100% Plan. PTD 8/8 = $4,427 Last Claim (2-1) |
Matter ResolvedRequest Adjourment | 113 | 5/8/2024 10:00 am | 23-17996 / MBK | Eric S. Landau, Esq. | Confirmation Hearing Scheduled | Dismissed - Hold Fees | 5/7/24(mk) ATTY SAYS CLOSING TOOK PLACE AND FUNDS WERE SENT THE TR BUT.. DEBTRO WANTS CASE DISMISSED- i emailed atty back to confirm that is indeed what they want then I will mark the case. PER ATTY - DISMISS/HOLD FEES(mk) AR RESOLVE OR HOLD MK: Sale blew Up and trying to save it - will report back to me needs time5/2/24( MK; sent email to atty - Need to know if closing took place then can adjust terms etc. 4/25/24(mk): This is going to be revised again as sale will occur before conf - mom or Tuesday 4/29 or 4/30- debtor has paid almost all the funds to complete at 100% as secure claims will be paid at sale AS of 4/24/24(mk): Revised terms - email to atty **CAN REC CONFIRM AT $15,727.11 Then 2,246 x 29 Begin 5/1/24 100% . Sale of real property by 6/15/24. Any non exempt proceeds from sale needed to fund the plan at 100% be paid to Trustee. Trustee is not authorized to pay arrears to Wilmington Saving Fund ( Claim #3-1)and Dogwood Meadows Association( Claim 2-1) pending sale. Must file pre conf cert in 7 days. Trustee standard order of distribution. Plan shortened to total 36 mos** >>Order to sell granted 4/19/24> docket #64 proceeds to TR 1.Objections by Dogwood Meadows Condo Assoc( Hill Wallack) and Wilmington Sav Fund(RAS- MP is a sale and pAy at sale for both - no objection to MP) 2. Trustee Objection: -Amendments to Schedules Schedule C to specifically state the dollar amount of each exemption. - All non-exemption proceeds from sale to be paid to trustee. Plan:$2246.73 X 60 BEG 10/2023; SALE 6/15/2024 (38 WOODFERN ST); 100% 7/7 payments ----RESOLVED------- . MRF By Wilmington on 2/28/24-ORDER SUBMITTED 3/5/24: TERMS= DEBTOR TO SELL PROP. BY 6/15/24 Objection by Willmigton Sav( RAS): this was obj to orig plan that called for LM - now a sale and we have a sale order |
Matter ResolvedRequest Adjourment | 114 | 5/8/2024 10:00 am | 23-18058 / MBK | Yakov Rudikh, Esq. | Confirmation Hearing Scheduled | Confirmed | ISSUES AS OF 4/30/2024 (DM): Atty accepts terms ***TRUSTEE CAN RECOMMEND CONFIRMATION AT $750 PTD, THEN $193 x 56 STARTING 5/1/24, BASE PLAN, TRUSTEE IS AUTHORIZED TO PAY IRS PRIORITY POC (3-4) AND STATE OF NJ PRIORITY POC (4-2), PRE-CONFIRMATION CERTIFICATION SHALL BE FILED WITHIN 14 DAYS*** 1) IRS filed $2,706.67 amended priority claim not treated in the plan (OKAY TO ADD??) 2) State of NJ filed $1,208.88 amended priority claim not treated in the plan (OKAY TO ADD??) 3) Trustee OBJ: - Debtor has insufficient income. ***RESOLVE ISSUES*** A) Wells Fargo (LOGS) OBJs - $3,321.03 arrears on Kinney Dr property not treated in the plan (CONSENT ORDER ENTERED.) B) State of NJ filed an estimated general unsecured claim for 2018 taxes (AMENDED.) C) Trustee OBJ: - Need statement for debtor's 401k loan (RECEIVED - ADD $107/MONTH STARTING 10/1/24.) - Tax refund of $210 was not prorated and included in disposable income calculation (AVG ADDED.) Prop. Plan $150 x 60, Base Plan. PTD 5/4 = $750 Last Claim (4-2) |
Matter ResolvedRequest Adjourment | 115 | 5/8/2024 10:00 am | 23-18072 / MBK | Patrick James Best, Esq. | Confirmation Hearing on Modified Plan | Confirmed | AS OF 5/1/24 (SF) RECOMMEND $1100 X 6 (BEGIN 10/1/24); $1480 X 54 (BEGIN 4/1/24) 100% PLAN W/MIN $269,817 TO GUCS PER NONEXEMPT EQUITY IN REAL ESTATE AND PERSONAL PROPERTY 2. Trustee objection: - Need 2 months bank statements from Wells Fargo accts not #2106 and #8907, prior to filing date. Schedule B has 4 accts listed, only provided 2 accts (PLAN WILL BE 100%) - The debtor(s) plan consists of unnecessary or excessive expense items, such as: Car payment $611 on scheduled J (this should be removed since the car is being paid through the bankruptcy plan). - Due to car payment there would be disposable income $2,919. The plan length should be shortened to 48 months. (MOOT DUE TO SOCIAL SECURITY INCOME) - There is non-exempt equity in real property $266,969.39 and 2013 Infiniti $2,848.72, cash $100 and in bank accts pending bank acct statements. - Need 2nd mortgage balance statement. Schedule J list another mortgage payment $600. Plan proposes $5500 PTD, $1480 X 54 100% Payments: 7/8 Arrears: $1480 RESOLVED ISSUES: - Need a Modified Plan that removes Capital One on Section 4c and propose to pay claim in full on Section 4g, since the amount is what is on POC and marks off Section 8 Upon confirmation. (DONE) - The debtor's Plan proposes an order of distribution that is contrary to the Trustee 's recommended order of distribution. - Must file Pre-confirmation certificate. (FILED) - Objection filed by Deutsche Bank (Egerman) - failure to pay arrears of $51,628.48 (MP PAYS ARREARS) - Motion for Relief by Deutsche Bank scheduled for 3/27/24 at 9 (ORDER ENTERED) |
Matter ResolvedRequest Adjourment | 116 | 5/8/2024 10:00 am | 23-18506 / MBK | Marcia Y. Phillips, Esq. | Confirmation Hearing on Modified Plan | Confirmed | 5/8/24(mk) : UPDATED - email to atty w/ terms **CAN REC CONFIRM AT $1,000 X36 BEGIN 10/1/23 100% . LM by 8/1/24. Trustee is to pay atty fees and unsecured creditors first and then pay arrears to US Bank Trust pending LM** OK TO PAY ATTORNEYS FEES AND UNSECRUED FIRST AND THEN PAY MORTGAGE CLAM PENDNG LM AR RESOLVE OR HOLD Case is 7 mos old as of April 4/29/24(mk: HAVE NOT HEARD FROM ATTY ON THIS - WHAT IS STATUS OF LM? Lm does not appear to be thru plan - no Loss mit in this case As of 3/17/24(mk): Work up on MP before conf #22 says LM by 8/1/24 and No pay pending LM- ONLY 1,802.01 IN GUC CLAIMS- NEEDS TO PAY ARREARS PENDING LM 1.Objection by US BANK/Shellpoint( Freidman V): plan fails to cure arrears LM speculative. 2. Trustee Objection: Plan now for LM- and plan lists unaffected- Accord to plan is TR NOT paying arrears pending the LM but there will be no one to pay as guc debt is minima and already paid w/ FOH - NO APPLICATION FOR LOSS MIT WAS FILED IN THIS CASE- IS THE LM BEING DONE OUTSIDE THE PLAN? Yes Plan:$1000 X 36; LM 8/1/2024; 100% 7/7 payments |
Matter ResolvedRequest Adjourment | 117 | 5/8/2024 10:00 am | 23-18944 / MBK | Francis P. Cullari, Esq. | Confirmation Hearing Scheduled | Continued 6/26/2024 10:00 am | UPDATED 5/6/2024 (JMA) issues as of 5/1/2024 (JMA) 1) Specialized Loan Servicing LLC (Pluese Becker) objection to confirmation - ATTY TO PAY ARREARS, NEED CONSENT ORDER -estimated pre-petition arrears $3,505.17 2) Trustee objection to confirmation - need to resolve - A copy of the last filed tax return - 2023 FILED AN EXTENSION FOR FILING THE RETURN - 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): -Disposable net income is $647.53 - Chase savings acct #0925 end balance as of 2/27/2024 is $9,150.26, not $206. Need to amend Schedules A/B and C. As of now there is, $8,944.26 non-exempt equity in this account. AMENDED SCHEDULES A/B AND C FILED, USED EXEMPTION RESULTING IN ZERO NON-EXEMPT EQUITY 3) ACAR Leasing LTD d/b/a GM Leasing filed unsecured claims #1 and #2. The plan treats these vehicles as current an outside plan - need to advise Trustee of correct treatment of these two claims proposed plan $540X60 base plan paid in $540 arrears $540 last claim 17 |
Matter ResolvedRequest Adjourment | 118 | 5/8/2024 10:00 am | 23-19236 / MBK | Robert C. Nisenson, Esq. | Confirmation Hearing on Modified Plan | Continued 6/26/2024 10:00 am | TO GET APPRAISAL PER AR ISSUES AS OF 4/30/2024 (DM): The $1,000 the co-debtor pays (Sch J) for the completed Loan Mod does not appear in the Divorce documents with the co-debtor's ex-wife. Response Doc #45 filed regarding value of property (dm) 1) Trustee Supp Obj: - Divorce Judgment provides for a 50/50 split between co-debtor and ex-wife when Madeline Ave is sold. Based upon $461,300 Zillow value, there is approximately $56,824 non-exempt equity once co-debtor takes the proper exemption. ***RESOLVED ISSUES*** A) Nationstar (FRENKEL LAMBERT) OBJs - POC filed with $10,410.35 arrears (LOAN MOD ORDER ENTERED AND POC AMENDED.) B) The following claims filed with arrears: - Claim#28-1 of Toyota (2017 Lexus) $887.84. Plan has outside (MP PAYS.) - Claim#29-1 of Toyota (2019 Buick) $816.78. Plan has outside (MP PAYS.) - Nationstar Mortgage (Madeline Ave property) $10,410.35. Plan has outside, but Motion to approve loan mod was granted 2/9/24 and had to complete 14 days from order, which expired 2/23/24. Plan did not mention any loan mod (MP TREATS AS SECURED UNAFFECTED POST LOAN MOD.) - Claim#54-1 of Service Finance for HVAC Plumbing with arrears $721.44, not in plan (MP PAYS ENTIRE SECURED CLAIM.) C) Trustee OBJ: - Debtor was never on the Deed to the Madeline Ave property. Thus, the 522(d)(5) exemption has been exceeded (AMENDED.) - Need to file Pre-Confirmation Certificate (FILED.) Note: Divorce Decree and property settlement agreement provided. Amended Sch A/B and C filed to add amounts in bank accts and provides bank statements. Prop Plan $325 x 6, $350 x 54, Base Plan. PTD 6/6 = $1,950 Last Claim (32-2) |
Matter ResolvedRequest Adjourment | 119 | 5/8/2024 10:00 am | 23-19305 / MBK | Daniel E. Straffi, Esq. | Confirmation Hearing Scheduled | Confirmed | ISSUES AS OF 4/30/2024 (DM): ***Filed GUCs came in lower ($8,532) than amount proposed in the plan ($12,000.) If Whispering Hills HOA objection below can be resolved by paying the bifurcated claim as filed, then debtor will need $2,500 Ptd, then $1,508 x 54 starting 5/1/24, 100%, Trustee is authorized to pay Whispering Hills HOA bifurcated POC (1-1) as filed and Slomins secured POC (2-1) as filed*** 1) Carrington Mtg (HILL WALLACK) OBJs - $37,886.93 arrears on 1st mtg (CONSENT ORDER TO PAY ARREARS ENTERED.) 2) Whispering Hills at Barnegat HOA (CUTOLO BARROS) OBJs - arrears not treated in the plan. A bifurcated claim was filed with $13,126.02 secured and $3,382.55 unsecured (UNRESOLVED.)(OK TO PAY SEC AND GUC PER STRAFFI) 3) Slomins, Inc. filed $2,005.32 secure judgment not treated in the plan (OKAY TO ADD??)(OK TO PAY) Capital One Auto MFR was resolved. Need terms of order as to amount owed. Per Debtor's opposition, post-pet arrears are to be paid through plan (CO ENTERED PROVIDES $2,530.76 PP ARREARS TO BE PAID WITHIN 30 DAYS OR FILE A MP TO ADD TO THE CASE.) 4) Trustee OBJ: - Need Sept & Oct bank statements for TD acct #6399 (UNRESOLVED.) - Need Sept & Oct bank statements for TD accts #0723, #7969 (RECEIVED.) - Need Sept & Oct statements for Apple Cash acct (RECEIVED SCREENSHOT.) - There is $1,099 disposable income due to tax refund of $3,678 not prorated on Sch I. Note: Auto insurance for 2018 BMW provided 1/30/24. Prop. Plan $500 x 6, $830 x 54, $12,000 Min Div. - Loan Mod on Hawthorne Ln by 6/1/24. PTD 5/6 = $2,500 Last Claim (9-1) |
Matter ResolvedRequest Adjourment | 120 | 5/8/2024 10:00 am | 23-19401 / MBK | Yakov Rudikh, Esq. | Confirmation Hearing Scheduled | Dismissed | NS 4/29 workup for the 5/8 calendar edc STATE AND IRS CLAIMS ARE STILL ESTIMATED. 1. Objection filed by PNC Bank (KML) - plan is silent as to pre-petition arrears of $4,278.09. (RESOLVED - PAY PER POC ARREARS) 2. NJ Division of Taxation filed an estimated priority claim #12 which needs to be amended. (STILL ESTIMATED) 3. Trustee's objection: The debtor has failed to supply the Trustee with the following document (s): - A copy of the last filed tax return - 2022 tax return or cert of non -filing. (NOT RECEIVED) - Must resolve IRS estimated tax claim. (STILL ESTIMATED) - Must file Pre-confirmation certificate. (NOT FILED) RESOLVED ISSUES: - Auto insurance for 2019 Dodge Durango. (RECEIVED) - The current Plan does not specify treatment of PNC Bank under the Plan. (OBJECTION FILED) 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): - There is non-exempt equity in real property $234,123. (100% Plan) (LANGUAGE ADDED) Plan proposes: $1,100 x 60 beginning 11/1/2023, 100% plan Payments: 4/5, arrears $1,100 |
Matter ResolvedRequest Adjourment | 121 | 5/8/2024 10:00 am | 23-19409 / MBK | Jeffrey E. Jenkins, Esq. | Confirmation Hearing Scheduled | Continued 5/22/2024 10:00 am | 341 scheduled to 3/21-needs adjournment of confirmation edc 1) 341 hearing not held, not rescheduled - missing documents 2) Mortgage Specialized Loan Servicing (Pluese Becker) objection to confirmation - need to resolve -estimated arrears $384,689.39 3) Not current with Trustee plan payments -- arrears $100 4) Need to file Pre Confirmation Certification with Court proposed plan $100x60 base plan with loan mod by 54/1/2024 paid in $200 arrears 4100 last claim 24 |
Matter ResolvedRequest Adjourment | 122 | 5/8/2024 10:00 am | 23-19568 / MBK | Scott J. Goldstein, Esq. | Confirmation Hearing Scheduled | Continued 6/12/2024 10:00 am | 4/29 Workup for the 5/8 calendar EDC NJ FILED AN ESTIMATED CLAIM *THERE IS A $140K SECURED JUDGEMENT THAT WILL BECOME UNSECURED NOW THAT HOME SURRENDERED. THIS SHOULD BE PAID PRO RATA WITH OTHER GUCS Trustee's objection: - Excess expenses on Schedule J $1,000 childcare/education costs for 15 year old; * RESPONSE SHOWS $1000 A MONTH FOR CATHOLIC TUITION--NEEDS TO BE BRIEFED. DEBTOR CANNOT ASK CREDITOR TO PAY FOR SON'S RELIGIOUS SCHOOLING - Debtor income verified higher than scheduled amount. There is disposable net income of $761.17. - Debtor received annual incentive compensation of $6814.43, which averaged over 12 months is an additional $568/month not reported on Schedule I-RESPONSE SAYS HE MAY NOT BE RECEIVING BUT WE CAN ONLY GO BY RECENT HISTORY AND HASN'T PROVED 2023-2024 BONUSES - SOFA #7 lists payment of $2000 to Tyler Gallagher on 9/27/2023 and Marian Gallagher $1,000 on 12/30/2022 the reason for both is listed as "loan". Those items should be considered preferential payments for bankruptcy purposes. NEED TO BE ADDED TO T/H ------------------------ RESOLVED ISSUES: *IS FILING IN NJ PROPER DOMICILE SINCE ASBURY PROPERTY SURRENDERED? trustee filed suppl objection per code 1408-ok surrendering Staten Island property not NJ ADJ TO 2/14 - ATTY TO RESPOND TO EXCESSIVE EXPENSES 10 DAYS PRIOR TO HEARING--DONE SEE BELOW $820 food 2 people; $450 transportation 1 person. TRANS OK The debtor has failed to supply the Trustee with the following document (s): - A Modified Plan that completes Part 4e checking surrendered box (PLAN IS OK) Plan proposes: $150 x 60 beginning 11/1/2023, base Payments: 4/4 |
Matter ResolvedRequest Adjourment | 123 | 5/8/2024 10:00 am | 23-19709 / MBK | Russell L. Low, Esq. | Confirmation Hearing on Modified Plan | Continued 6/26/2024 10:00 am | 5/1 workup EDC SAME AS LAST TIME 1. Need a Consent order or a proof of claim and motion to allow late claim to pay the landlord. MP proposes: $872 x 36 beginning 12/1/2023, base--trustee will hold funds for landlord for 60 days. If there is no consent order or order allowing claim by 7/7/24 the trustee will remove the hold and use funds to pay other creditors Payments: 3/3 (Added Arrears of the Landlord) |
Matter ResolvedRequest Adjourment | 124 | 5/8/2024 10:00 am | 23-19856 / MBK | TERRY GLEN TUCKER, PC | Confirmation Hearing - Order Vacate Dismissal of Case | Continued 5/22/2024 10:00 am | updated 5/7/2024 (JMA) issues as of 5/1/2024 (JMA) 1) IRS priority claim estimated for 2021 taxes - need amended claim 2) Need to file Pre-Confirmation Certification with Court - FILED, RESOLVED 3) Current with Trustee plan payments 4) Trustee objection to confirmation - need to resolve - need to provide proof of 2 months of income - social security disability - PROVIDED, RESOLVED - need to file Amendment to Schedule I to remove workers compensation and add social security disability - FILED, RESOLVED - need to provide auto insurance renewal, policy provided expires 3/21/2024 - PROVIDED, RESOLVED - 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): there is non-exempt equity in the 2018 Nissan in the amount of $1,448 - need to file pre-confirmation certification with court - FILED, RESOLVED - need to file a change of address form for debtor. proposed plan $465x60 base plan paid in $2,325 arrears $465 last claim 9 |
Matter ResolvedRequest Adjourment | 125 | 5/8/2024 10:00 am | 23-20573 / MBK | Darin D. Pinto, Esq. | Confirmation Hearing Scheduled | Dismissed | NS AS of 4/26/24(mk): 3/5 payments. TAX CLAIMS MAKE CASE NOT FEASIBLE Payment would more than triple and debtor is not current >> SBA filed POC #12-1- filed as unsecured but Back up docs on this claim appear to indicate it is secured lien on property yet claim in part 9 is checked as not secured 1. TR Objection: - debtor has failed to file a feasible plan - that pays the IRS claim, income will be insufficient, since payments will need to be increased. -current Plan does not specify treatment of IRS secured and priority claim under the Plan and St of NJ Priority claim. - need 6 months Profit and Loss statement that separates business expenses. Perhaps the forms on Trustee website. Plan: $563 x 36 begin 12/1/23; Base 3/5 payments |
Matter ResolvedRequest Adjourment | 126 | 5/8/2024 10:00 am | 23-20610 / MBK | Lee M. Perlman, Esq. | Confirmation Hearing Scheduled | Confirmed | 4/29 Workup for the 5/8 calendar EDC 3 payments in arrears **CONF at: $1470 paid then $490 x 33 beg. 5/1/24--debtor to sign up for TFS automatic wage deductions in 7 days 1. State of NJ filed estimated tax claim, 2017, 2018 and 2021 not FILED Must resolve estimated tax claim. Prop Plan $490 x 36 begin 12/1/23; Base Note: Capital One bank statements provided. ------------------- RESOLVED 2. IRS estimated tax claim, still not resolved as well. RESOLVED 1/24/24 (DS): 1. Ford Motor Credit (MORTON) obj to arrears possibly owed, plan rejects the lease and/or fails to identify the lease. POC filed no arrrears owed, Plan has Lincoln Automotive, not Ford Motor Credit. Obj needs to be resolved. ORDER FOR LEASE ASSUMPTION GRANTED 1/30/24. |
Matter ResolvedRequest Adjourment | 127 | 5/8/2024 10:00 am | 23-20977 / MBK | Douglas T. Tabachnik | Confirmation Hearing Scheduled | Continued 6/12/2024 10:00 am | As of 5/2/24 (DS): Debtor atty requested adjournment to resolve Trustee obj Prop Plan $1,201.52 x 60 begin 12/1/23; 100% |
Matter ResolvedRequest Adjourment | 128 | 5/8/2024 10:00 am | 23-21198 / MBK | Carol L. Knowlton, Esq. | Confirmation Hearing Scheduled | Denied | MP IN 14 DAYS 5/2 Workup for the 5/8 calendar EDC PER LAST TIME---NEED UPDATED CMA'S FOR BOTH PROPERTIES WITH COMPARATIVES SOLD WITHIN SIX MONTHS OF FILING. STILL NEED --LILAC IS NOW LISTED AT $299,900 BUT STILL NEED THE OTHER * attorney filed motion for retention 1. Objection filed by SN Servicing (Friedman Vartolo) - failure to cure full arrears of $83,590.17 (Per POC) (PER CHARLES WOHLRAB, OKAY TO PAY PER POC) **ALSO MFR ON FOR 5/22 2. Harley Davidson filed a bifurcated claim #20 with a secured amount of $9,000 and an unsecured amount of $8,057.58 which needs to be resolved. Arrears per the claim are $15,791.12. 3. Trustee's objection: - The debtor has failed to file a feasible plan - that propose the amount that will be necessary to pay all the arrears proposing to pay. Will need a Trustee payment estimated $3,300. The debtor has failed to supply the Trustee with the following document (s): - A current market analysis - with recent comps for the past 6 months from filing for both properties. (NOT RECEIVED - 2ND SUBMISSION - COMPS ARE TOO OLD) - The debtor(s) plan consists of unnecessary or excessive expense items, such as: #6a-electricity $500, #6c $465, Auto insurance $525 (Much higher per proof, auto insurance verifies $879 and $39 for motorcycle total $918), Car and motorcycle loans $356 and $475 (motorcycle is 16 years old with a balance $15,354) and 2nd property expenses total $1,455 (son's contribution affidavit has $1,350, Sched I has $1,300, plus no proof of income to verify from son). - 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): - There is non-exempt equity in both properties pending updated CMA with comps (Per Zillow properties listed much higher.) (AWAITING CMA'S) - Must resolve creditor objection. - Must file Pre-confirmation certificate. (NOT FILED) 1b. Plan has to pay IRS and State of NJ taxes total $46,733, plus m |
Matter ResolvedRequest Adjourment | 129 | 5/8/2024 10:00 am | 23-21266 / MBK | Robert C. Nisenson, Esq. | Confirmation Hearing on Modified Plan | Confirmed | AS OF 5/2/24 (SF) RECOMMEND $194,270.66 PTD, $350 X 56 (BEGIN 5/1/24) 100% PLAN W/MIN $193,770 TO GUCS PER NONEXEMPT PROCEEDS FROM SALE WHICH WERE ALREADY RECEIVED Note: Nonexempt proceeds of $200,770.66 was received on 1/31/24 and $7,000 was refunded for exemption. MP proposes $201270.66 x 1; $350 x 56 100% PLAN Plan has run 5 months with 55 months remaining |
Matter ResolvedRequest Adjourment | 130 | 5/8/2024 10:00 am | 23-21408 / MBK | Robert Manchel, Esq. | Confirmation Hearing Scheduled | Confirmed | As of 5/6/24 (DS): Need to confirm at $1,908 paid, $645 x 55 begin 6/1/24 (no pymt made for May); 100% to gucs with a min. div. $38,682 to gucs due to non-exempt equity; - Per OTBS pay Toyota claim#2-1 $11,758.67 over the life of the Plan at interest 12.10% for a total $15,730. - US Dept of HUD claim#1-1 to be treated outside, no arrears owed. - Carrington Mtg claim#4-1 per consent order entered 4/8/24 pay $2,425.11 claim. EMAILED DEBTOR ATTY TERMS 1. Trustee obj to the following: - Debtor has undertaken an improper us of exemption, specifically exceeding d(5) by $3,425. - Excessive expenses on Sched J: $750 Food, $150 Clothing, $605 Transportation and $565 daughter's car payment. PLAN WILL BE 100%. - Verified income leaves monthly disposable income of $1,075 after deducting social security income. PLAN WILL BE 100%. - 22C monthly disposable income is $2,244 which requires min. div. $134,640 to gucs. PLAN WILL BE 100%. - There is $35,257 in non-exempt equity in the residence and $3,425 in the bank accounts total $38,682. Total gucs filed $12,973.03. Plan can pay 100%. 2. Toyota (STEWART LEGAL) obj plan propose to pay $9,000 claim in full, total claim filed is $11,758.67. Obj must be resolved. OTBS attached to docs - Pay claim $11,758.67 over the life of the Plan at interest 12.10% for a total $15,730. Prop Plan $477 x 60 begin 1/1/24; Base Note: Carrington obj resolved to pay POC arrears $2,425.11. |
Matter ResolvedRequest Adjourment | 131 | 5/8/2024 10:00 am | 23-21477 / MBK | Ronald E. Norman, Esq. | Confirmation Hearing Scheduled | Confirmed | AS OF 5/6/24 (SF) UPDATED RECOMMEND $4,800 PTD; $1378 X 56 (BEGIN 5/1/24) 100% W/MIN DIV OF $86,103 TO GUCS PER NONEXEMPT EQUITY IN REAL ESTATE AND PERSONAL PROPERTY - NEED ENTERED ORDER TO PAY ARREARS TO ALLY FINANCIAL AND PAY ADEQUATE PROTECTION PAYMENTS WITHIN 30 DAYS - NEED ENTERED ORDER RESOLVING OBJ FILED BY US BANK WITHIN 30 DAYS - TRUSTEE STANDARD ORDER OF DISTRIBUTION - STUDENT LOANS TO BE PAID OUTSIDE PLAN 1. Trustee objection: - There is $103,167 in non exempt equity in the residence. (Claim is higher. Nonexempt equity is $78,428) PLAN WILL REQUIRE 100% TO GUCS. - There is $4,150 in non exempt equity in the 2011 Nissan Altima. - There is $3,525 in non exempt equity in the bank account. - The debtor's Plan proposes an order of distribution that is contrary to the Trustee 's recommended order of distribution Plan proposes $1200 x 60 Base Payments: 4/5 Arrears: $1200 RESOLVED: Note: Plan should be adjourned to date after wife's trustee motion to dismiss hearing. (Trustee motion adj to 4/17/24 at 9) - Trustee motion to dismiss is pending in wife's case 18-30886 rescheduled to 4/17/24 at 9 (case dismissed) - Need updated car insurance prior to confirmation. (RECEIVED) - The debtor has failed to provide proof of service with respect to Plan Motion (s). Need proof of service on Ally Financial for cram of 2016 Dodge Ram. (Also, plan pays way more than amount due on claim) RECEIVED - The debtor has undertaken an improper use of exemption. Specifically: Debtor has exceeded the D5 limit by $3,525 (AMENDED.) - Need to file Pre-Confirmation Certification. (FILED) - Objection filed by US Bank (Caine) - Debtor and spouse both have Chapter 13 cases which propose to cure arrears to US Bank. It is unknown as to Debtor's intentions with respect to repayment of pre-petition and post-petition mortgage payments (Order Submitted) Spouse's case is dismissed - Plan proposes adequate protection payments to Ally Financial. Need Order setting amount to b |
Matter ResolvedRequest Adjourment | 132 | 5/8/2024 10:00 am | 23-21634 / MBK | Aniello D. Cerreto, Esq. | Confirmation Hearing Scheduled | Confirmed | AS OF 4/30/2024 (at): RECOMMEND: $15,000 PAID TO DATE, $5,000 x 1 BEGINNING 5/1/2024, $7,500 x 54 BEGINNING 6/1/2024, $1,008,356 x 1 100% PLAN 1. Objection filed by Cross Country Mortgage (Brock & Scott) - failure to cure arrears of $7,250.69. (RESOLVED - PAY PER POC) 2. Trustee's objection: The debtor has failed to file a feasible plan The debtor has failed to supply the Trustee with the following document (s): - Proof of 2 month's income - only provided 3 paystubs (Jan & Feb). (RECEIVED - VERIFIED INCOME LEAVES MONTHLY DISPOSABLE INCOME OF $13,627.20) - Amendments to Schedules Form 122C-1 is blank, need to amend - should be an above median plan based on income. (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 expenses on Schedule J $800/utilities, $800/telephone, cell phone, internet, cable; $2,000/food for household of 3; $650/clothing, laundry and dry cleaning; $900/transportation; $2,500/entertainment, and $1,300 additional expenses for tutoring for kids, childcare and children's activities. Disposable income will be higher with adjusted expenses. - HUD/Closing Statement from sale of property that occurred in 2022. (RECEIVED) - Amend Schedule B to add any businesses. - Adjusting expenses on Schedule J per guidelines reduces total to $15,835.32 and leaves $8,725.06 disposable net income. Modified plan before confirmation proposes: $5,000 x 59 beginning 1/1/2024, $1,200,000 x 1, 100% plan Payments: 3/4, arrears $5,000 |
Matter ResolvedRequest Adjourment | 133 | 5/8/2024 10:00 am | 24-10136 / MBK | Daniel E. Straffi, Esq. | Confirmation Hearing Scheduled | Continued 6/26/2024 10:00 am | AS OF 5/8/2024 (at): 1. Objection filed by Wells Fargo Bank (Brock & Scott) - failure to cure arrears of $63,011.65 and loan mod is speculative. (RESOLVED - LOAN MOD BY 6/1/2024 & REGULAR PAYMENTS PENDING MOD) 2. Objection filed by NJR Clean Energy Ventures (The Kelly Firm) - plan is silent as to lease with NJR. (UNRESOLVED) 3. Trustee's objection: - The debtor has insufficient income. - The debtor has failed to file a feasible plan - Debtor has no income. - Plan to be partially funded by two worker's compensation claims. Need status of these claims. (STILL NEED STATUS OF CLAIMS) RESOLVED ISSUES: - Need proof of insurance for the 2007 Mercedes. (RECEIVED) - The debtor has failed to supply the Trustee with the following document (s): - A copy of the last filed tax return - 2023 by 5/15/2024. (NOT RECEIVED - LANGUAGE ADDED) - 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): - There is $117,904 in non-exempt equity in the residence (100% Plan.) (LANGUAGE ADDED) - The Schedules fail to account for the debtor(s) tax refund in the amount of $688 when determining disposable income. (AVERAGED/ADDED TO INCOME) Plan proposes: $100 x 12 beginning 2/1/2024, $2,000 x 48, loan modification by 6/1/2024, 100% plan Payments: 4/4 |
Matter ResolvedRequest Adjourment | 134 | 5/8/2024 10:00 am | 24-10169 / MBK | Richard S. Hoffman Jr. | Confirmation Hearing Scheduled | Continued 6/12/2024 10:00 am | issues as of 5/1/2024 (JMA) 1) MCLP Asset Company Inc (McCabe Weisberg) objection to confirmation - need to resolve -loan matures 4/1/2016 -claim $70,015.82 plus 8/5% interest plus interest points for risk over 5 year term -Debtor's plan is unfeasible 2) ACAR Leasing LTD d/b/a GM Financial creditor filed unsecured claim. Plan proposes to cure arrears through plan. Need to clarify treatment of claim 3) Trustee objection to confirmation - need to resolve - 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): There is $146,865 in non exempt equity in the residence. - Need to resolve objection by MCLP Asset Company. - Add language for trustee standard order of distribution proposed planm$1,300x60 100% plan paid in $4,581 arrears $1,981 last claim 4 RESOLVED ISSUES: - IRS priority claim #3 estimated for 2020-2023 taxes and guc claim #3 is estimated for 2018 taxes - need to resolve - RESOLVED, CLAIM AMENDED NO LONGER ESTIMATED |
Matter ResolvedRequest Adjourment | 135 | 5/8/2024 10:00 am | 24-10246 / MBK | Allen I. Gorski, Esq. | Confirmation Hearing Scheduled | Continued 7/24/2024 10:00 am | 5/7/24(mk): Atty needs more time for tax returns- debtor says they have been filed- atty only has unsigned copies so is getting signed ones fromm debtor 5/1/24: atty email=uploaded today the DSO form, 2023 tax returns and proof of Nanny payments of $1,500/month. State of NJ claim is higher than expected but ok to pay. I just need IRS to amend estimated claim for 2020 and 2023. 4/28/24(mk): SAME AS LAST HEARING IN MARCH 1. IRS FILED PRIORITY ESTIMATED CLAIM - no returns filed for 2020 and 2023 2. ST OF NJ POC is much more at $8,125.69 and plan had $3132. 3. Trustee Objection: - need 2023 tax return by 5/25/24- BEEN SENT TO IRS - NEED APOC - need DSO Form -Pre conf cert.. -2/12/24 (sf)- Per atty, ok to add vesting at confirmation to confirmation order. Plan:$600 X 60; MIN $11,000 3/3 payments --------------------- -Debtor's attorney must file a fee application within 7 days of the entry of the order confirming the plan- FEE APP ON 5/8 - amt is on WS |
Matter ResolvedRequest Adjourment | 136 | 5/8/2024 10:00 am | 24-10248 / MBK | Christopher G. Cassie, Esq. | Confirmation Hearing Scheduled | Moot | AS OF 4/25/2024 (at): MODIFIED PLAN CONFIRMED ON 4/24/2024. RECOMMEND: $885 x 60 BEGINNING 2/1/2024 100% TO UNSECURED CREDITORS Need 2023 tax return by 5/15/2024. Claims will be paid according to the trustee's order of distribution. Non exempt funds from personal injury suit are to be turned over to the trustee. Need to file Pre-Confirmation Certification within 7 days of confirmation. Trustee's objection: - The debtor has insufficient income. - A Modified Plan that completes part 8. (MOD PLAN NOT FILED) - Need to file Pre-Confirmation Certification. (NOT FILED) RESOLVED ISSUES: - The debtor has failed to supply the Trustee with the following document (s): - A copy of the last filed tax return - 2023 by 5/15/2024. (LANGUAGE ADDED) - The debtor's Plan proposes an order of distribution that is contrary to the Trustee 's recommended order of distribution, and does not provide for equal monthly payments as required by ?1325(a)(5)(iii)(l). (CLAIMS WILL BE PAID ACCORDING TO THE TRUSTEE'S ORDER OF DISTRIBUTION) - Need to add non-exempt proceeds from PI claim to the confirming order. (LANGUAGE ADDED) Plan proposes: $885 x 60 beginning 2/1/2024, not less than $18,611 to unsecured creditors Payments: 1/2, arrears $885 |
Matter ResolvedRequest Adjourment | 137 | 5/8/2024 10:00 am | 24-10300 / MBK | Robert C. Nisenson, Esq. | Confirmation Hearing Scheduled | Withdrawn | issues as of 5/2/2024 (JMA) plan marked withdrawn, MP scheduled for 6/12/2024 1) JP Morgan Chase Bank (McCalla Raymer) objection to confirmation - need to resolve arrears $3,295.92 ( order submitted 3/26/24= PAYS ARREARS) 2) Modified plan filed and scheduled for 6/12/2024 proposed plan $1,312x60 100% plan paid in $3,936 arrears $1,154 last claim 12 |
Matter ResolvedRequest Adjourment | 138 | 5/8/2024 10:00 am | 24-10368 / MBK | George E. Veitengruber, III, Esq. | Confirmation Hearing Scheduled | Continued 6/26/2024 10:00 am | As of 5/7/24 (DS): 1. Debtor in arrears $4,203, made 1 out of 4 pymts, last pymt made $1,401 on 3/18/24. DEBTOR ATTY EMAILED HE HAS $4,203.03 IN HIS TRUST ACCT. ATTY PROVIDED PROOF A CHECK FROM DEBTOR DEPOSITED INTO TRUST ACCT AND WILL REQUEST ADJ AT CT 2. Trustee obj to the following: - Must provide 2023 tax returns, December and January statements for the crypto account, stash account and Ameritrade account. - There is $50,000 in non exempt equity in the business. - Verified income leaves monthly disposable income of $3,794. - Must resolve IRS estimated tax claim, 2021 & 2023 tax returns not filed. - Must resolve State of NJ estimated tax claims, 2021 and 2022 tax returns not filed. - Must file Pre-confirmation certificate. - Student loans will be paid outside of the plan. 3. Carrington Mtg - Phoebe Dr (HILL WALLACK) obj arrears more, POC filed arrears $8,581.80. 4. State of NJ Division of Taxation (HEATHER ANDERSON) obj to plan not proposing to pay secured arrears. POC filed secured $10,638.72, priority is estimated and needs to be resolved. 5. NewRez/Shellpoint - 1st mtg on Citation Ct (ALEISHA JENNINGS) obj plan propose to pay Loancare, but does not list correct mortgage, which is NewRez/Shellpoint. 6. Real Time - 2nd mtg Citation Ct (BERNSTEIN-BURKLEY) obj to cram, property BPO value $285,000. 7. Society Hill - HOA Citation Ct (HILL WALLACK) obj to arrears owed more, POC filed $26,236.37. 8. TD Retail/Raymour & Flanigan filed bifurcated claim, secured $2,385 and unsecured $1,021.55. Claim needs to be resolved. Prop Plan $1,401 x 60 begin 2/1/24; Base Note: No service needed to Real Time, obj filed. |
Matter ResolvedRequest Adjourment | 139 | 5/8/2024 10:00 am | 24-10376 / MBK | Andrew G. Greenberg, Esq. | Confirmation Hearing Scheduled | Confirmed | updated 5/8/2024 (JMA) ok to confirm at $800x60 begin 2/1/2024 100% with minimum $338,696 dividend to general unsecured creditors -Santander OTBS within 15 days of confrmation to include loan modification terms -Trustee will not make payments on mortgage arrears while loan mod is pending issues as of 5/2/2024 (JMA) 1) Santander Bank (Brock & Scott) objection to confirmation - need to resolve -pre-petition arrears per filed claim $228,598.56 -loan modification is speculative -loan modification not offered 2) Trustee objection to confirmation - need to resolve - 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): there is non-exempt equity in the following: $1,500/Household goods; $3,125/Jewelry; $118,525/debtors 10% interest in husbands business. - 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): -there is $338,696.50 non-equi0ty in house proposed plan $800x60 100% plan with loan mod by 7/15/2024 paid in $2,400 arrears $800 last claim 3 |
Matter ResolvedRequest Adjourment | 140 | 5/8/2024 10:00 am | 24-10510 / MBK | Paul H. Young, Esq. | Confirmation Hearing Scheduled | Denied | updated 5/6/2024 (JMA) debtors atty requested this case be marked denied, mp filed to resolve all issues, paying 100% issues as of 5/1/2024 (JMA) 1) Nationstar Mortgage LLC (Frenkel Lambert) objection to confirmation - need to resolve -plan does not cure arrears 2) Trustee objection to confirmation - need to resolve - 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): there is $220,000 non-exempt equity debtor's home - There is $328,000 non-exempt equity in other home - There is $1,698 non-exempt equity in Santander acct #0459 -TOTAL NON-EXEMPT EQUITY $549,698 proposed plan $400x60 100% plan paid in $800 arrears $800 last claim 16 arrears $800 last claim 16 |
Matter ResolvedRequest Adjourment | 141 | 5/8/2024 10:00 am | 24-10526 / MBK | Candyce I. Smith-Sklar, Esq. | Confirmation Hearing Scheduled | Continued 6/12/2024 10:00 am | AS OF 5/3/2024 (at): 1. Objection filed by Wells Fargo Bank (Powers Kirn) - plan list creditor in part 4f as unaffected and in part 4g as claim to be paid in full. Treatment is unclear. (UNRESOLVED) 2. Trustee's objection: - The debtor has failed to file a feasible plan - tax claims are much higher and will require a much higher Trustee payment, estimated $2,600. - A Modified Plan that removes Pro Build Company from Part 4 g, due to being on Motions to avoid on Part 7a and 7b. (MOD PLAN NOT FILED) - 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 debtor has failed to provide proof of service with respect to Plan Motion (s). (CERT OF SERVICE NOT FILED) - Must resolve IRS estimated tax claim. (STILL ESTIMATED) - Must file Pre-confirmation certificate. (NOT FILED) RESOLVED ISSUES: - A copy of the homeowner's insurance renewal declaration - for 205 Bloomfield Ave property (updated) (RECEIVED) - Homeowner insurance page 8 list insurance for jewelry valued $9,550. Schedule B has jewelry (chains, rings and watches) $800. There would be $7,675 NE equity in jewelry, after using full d(4) exemption. (LANGUAGE ADDED) - The debtor has failed to supply the Trustee with the following document (s): - A copy of the last filed tax return - for 2023. (LANGUAGE ADDED) Plan proposes: $829.02 x 60 beginning 2/1/2024, base Payments: 3/4, arrears $829.02 |
Matter ResolvedRequest Adjourment | 142 | 5/8/2024 10:00 am | 24-10552 / MBK | Donald C. Goins, Esq. | Confirmation Hearing Scheduled | Continued 6/26/2024 10:00 am | AS OF 05/01/24 (SF) 1. Motion for loss mit scheduled for 5/8/24 at 9 2. Objection filed by Bank United (Cozzini) - failure to pay arrears of $53,637.70; loss mitigation period is too long (MUST RESOLVE)(OTBS LM BY 7/8/24--NOT PAYING ARREARS PENDING LM) 3. IRS filed estimated priority claim 4-2 (NEED AMENDED CLAIM) 4. Trustee objection: - The Plan proposes non-standard order of distribution - Need copy of 2023 Tax Return by 5/31/24. - Need Amendments to A/B and C to add Wells Fargo accts checking has $835 and savings has $3,122. - Need copy of PERS loan balance statement, prior to filing date. - The debtor's plan consists of unnecessary or excessive expense items, such as: Food $620 and Clothing $205. - 22C has disposable income $1,111.34, which would require minimum dividend $66,680 to gucs. - Disposable income verifies $800. - The current Plan does not specify treatment of IRS - Must file Pre-confirmation certification. Plan proposes $330 x 60 Base; Loan Mod by 8/30/24 Payments: 2/4 Arrears: $660 RESOLVED: - The debtor has failed to provide proof of service with respect to Plan Motion(s). Service to AJ Portfolio Holdings is not addressed to the Attention: Managing Agent. Must serve again. |
Matter ResolvedRequest Adjourment | 143 | 5/8/2024 10:00 am | 24-10653 / MBK | Eugene Roth, Esq. | Confirmation Hearing Scheduled | Confirmed | updated 5/1/2024 (JMA) OK TO CONFIRM AT $29,671.82 PAID TO DATE, 100% PLAN as of 4/29/2024 (JMA) 1) Trustee objection to confirmation - RESOLVED - A copy of the last filed tax return - 2023 RESOLVED, FILED - IRS priority claim is estimated for 2023 taxes RESOLVED, CLAIM AMENDED - Need to correct the last two digits of debtor's social security number and provide proof to the Trustee that it was corrected. - Bar Dates may need to be extended depending on if notices with the incorrect social security number went out and how it was corrected. 2) Note that SSN was correctly filed on the Docket. The error noticed at the 341 Hearing was an internal error (dm) proposed plan $363x36 100% plan paid in $89,385.99 last claim 5 |
Matter ResolvedRequest Adjourment | 144 | 5/8/2024 10:00 am | 24-10715 / MBK | Andrew Thomas Archer, Esq. | Confirmation Hearing Scheduled | Continued 5/22/2024 10:00 am | UPDATED 5/6/2024 (JMA) issues as of 4/29/2024 (JMA) 1) Provident Bank (Pluese Becker) objection to confirmation - RESOLVED, CONSENT ORDER TO PAY PRE-PETITION ARREARS $61,554.81 THROUGH PLAN 2) Trustee objection to confirmation - need to resolve - 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): -Income verifies higher than scheduled amount, disposable net income is $6,643.19 - 100% PLAN - 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): -There is $47,934.60 non-exempt equity in house (ADJUSTED BASED UPON AMENDED SCH C) - Any dismissal should come with a 1 year bar on re-filing. This is the 5th filing in 8 years. - The debtor needs to provide a detailed certification about the receipt of the 2022 inheritance of approximately $250,000 and how those proceeds were utilized. CERTIFICATION PROVIDED, DOES NOT ITEMIZE THE AMOUNTS FOR REPAIRS OR THE LOAN MOD 3) IRS priority claim #4 is estimated for 2023 taxes STILL ESTIMATED 4) State of NJ priority claim #2 is estimated for 2023 taxes STILL ESTIMATED proposed plan $1690x60 100% paid in $3,380 arrears $3,380 last claim 6 RESOLVED ISSUES: - Balance in TD Bank acct #4337 as of 1/15/2024 was $2,663.50, not $100. Need to amend Schedules A/B and C. RESOLVED, AMENDED SCHEDULES FILED -A copy of the homeowner's insurance renewal declaration - policy expired 2 15 2024 RESOLVED, RENEWAL PROVIDED |
Matter ResolvedRequest Adjourment | 145 | 5/8/2024 10:00 am | 24-10981 / MBK | Brad J. Sadek, Esq. | Confirmation Hearing Scheduled | Confirmed | AS OF 5/1/2024 (at): RECOMMEND: $2,000 PAID TO DATE, $1,057 x 57 BEGINNING 6/1/2024, 100% PLAN Preserve non exempt equity of $10,106 in personal property. 1. Trustee's objection: - A Modified Plan that removes Saco Valley from Part 7c, since creditor is also on Part 4f. (MOD PLAN FILED) - Must amend attorney disclosure to add per plan attorney fees $2,110 or modify the plan to correct attorney fees owed. (MODIFIED PLAN CORRECTS FEES DUE OF $2,640) RESOLVED ISSUES: - Saco Valley Credit Union (2023 Nissan) filed bifurcated claim, secured $44,975, unsecured $3,819.35, arrears none. Must resolve claim. ($0 ARREARS - PAY OUTSIDE OF THE PLAN) - The debtor(s) plan consists of unnecessary or excessive expense items, such as: - Car payment $841.13. - 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): - 22C shows disposable income $3,137.41, plan pays 100%. The debtor has failed to supply the Trustee with the following document (s): - Domestic Support Obligation information for Ms. Rios (RECEIVED) - A copy of the last filed tax return - for 2022 for non -filing spouse and 2023 for both. (RECEIVED) - Balance statement for IRA with Sofi Bank prior to filing date (RECEIVED) - auto insurance for 2023 Nissan. (RECEIVED) - The debtor has undertaken an improper use of exemption. Specifically: - Sched C uses state and federal exemptions, must use one, not both. (AMENDED C FILED) - 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): - There is non-exempt equity in Sofi savings acct#9476 $5,646.68, Sofi checking acct#5389 $4,460.02 and pending IRA with Sofi. (LANGUAGE ADDED) - Must file Pre-confirmation certificate (FILED) - The Schedules fail to account for the debto |
Matter ResolvedRequest Adjourment | 146 | 5/8/2024 10:00 am | 24-11008 / MBK | David G. Beslow, Esq. | Confirmation Hearing Scheduled | Continued 6/26/2024 10:00 am | As of 5/7/24 (DS): 1. BELOW ISSUES REMAIN UNRESOLVED. As of 4/3/24 (DS): Debtor atty requested adj to resolve IRS claim and creditor obj 4/10/24 (DS): 1. Trustee obj to the following: - Need 2023 tax return. - 22c has disposable income $1,258, would require min. div. $75,501 to gucs. Total gucs filed $49,916.06, excludes student loans. CASE WILL NEED TO BE 100% 2. BMW Bank (LAVIN, CEDRONE, GRAVER) obj to cram, vehicle purchased within 910 days (8/25/22) wants plan modified to pay $71,794.21, plan crams to $50,595.60. Must resolve obj. PER EMAIL OTBS TO PAY $71,941.21 AT 6.25% INTEREST FOR A TOTAL $83,780.66. 3. Must resolve IRS estimated tax claim, 2023 not filed. Prop Plan $1,000 x 60 begin 3/1/24; Base Note: Life insurance policies provided. Auto insurance provided for 2018 Honda. |
Matter ResolvedRequest Adjourment | 147 | 5/8/2024 10:00 am | 24-11021 / MBK | John Zimnis, Esq. | Confirmation Hearing Scheduled | Dismissed - Hold Fees | AS OF 4/30/24 (SF) Attorney requested adjournment last time for debtor to decide how she wishes to proceed. 1. Objection filed by ILI Management/YAD Properties LLC (Knowlton) - failure to pay arrears of $17,807.20 as prompt cure; good faith and feasibility (MUST RESOLVE) 2. Motion to Extend Stay was denied. Plan proposes $800 x 36 Base Payments: 1/2 Arrears: $800 |
Matter ResolvedRequest Adjourment | 148 | 5/8/2024 10:00 am | 24-11115 / MBK | Andrew Thomas Archer, Esq. | Confirmation Hearing Scheduled | Confirmed | As of 5/6/24 (DS): Ok to confirm at $14,090 paid, $7,045 x 57 begin 6/1/24; 100% to gucs with reserve $2,196 due to non-exempt equity; - Add to confirming order Trustee ok to pay arrears claim#21-1 Capital One $878.28. - Section 4(g)to be stricken and not paid as to State of NJ and Susan E. Rupert, due to no claims filed. 1. NO CLAIMS FILED BY STATE OF NJ $6,771 AND SUSAN RUPERT $7,450, BAR DATE HAS PASSED. THERE WOULD BE NON-EXEMPT EQUITY $1,193.94 IF CLAIMS NOT FILED. RECOMMEND STRIKING SECTION 4G. 2. Capital One filed arrears claim for $878.28. Trustee ok to pay? As of 4/5/24 Debtor atty requested adjournment to allow time to resolve tax claim. Informed Debtor Atty that they must be current with Trustee payment at next hearing. 4/10/24 (DS): 1. No Trustee payments made, arrears $14,090, made 0 out of 2 payments. - HALF PAYMENT MADE $3,522.50 OUT OF 2. PROOF OF PAYMENT SHOWS THAT APRIL PAYMENT WILL BE $3,522.50, WHICH IS NOT PLAN PAYMENT AMOUNT OF $7,045. 2. Trustee obj to the following: - 22c has disposable income $3,716.79, which would require min. dividend $223,007.40 to gucs, total gucs filed $51,568.39. - There is non-exempt equity $1,002.49 total in bank accts. Prop Plan $7,045 x 60 begin 3/1/24; 100% Note: IRS amended claim, no longer estimated. Mortgage claim filed higher, no equity on real property. |
Matter ResolvedRequest Adjourment | 149 | 5/8/2024 10:00 am | 24-11154 / MBK | Warren Brumel, Esq. | Confirmation Hearing Scheduled | Confirmed | AS OF 4/25/2024 (at): RECOMMEND: $2,000 PAID TO DATE, $2,001 x 58 BEGINNING 5/1/2024, 100% PLAN Preserve non exempt equity of $118,914 in real and personal property. 1. Objection filed by Lakeview Loan Servicing (Brock & Scott) - failure to cure arrears of $1,478.66. (MOD PLAN PAYS ARREARS AND NO OBJECTION TO MODIFIED PLAN) 2. Objection filed by Citizens Bank (Weltman, Weinberg) - failure to cure arrears of $979.18. (MOD PLAN PAYS ARREARS AND NO OBJECTION TO MODIFIED PLAN) RESOLVED ISSUES: Trustee's objection: The debtor has failed to supply the Trustee with the following document (s): - A copy of the last filed tax return - for 2023. (RECEIVED) - The current Plan does not specify treatment of Citizens Bank arrears $979.18 under the Plan. (MOD PLAN PAYS ARREARS) - 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): There is non-exempt equity in real property $102,215.76, 2017 Toyota $3,600 and Canyon Legal Grp Trust acct $13,099.37. (LANGUAGE ADDED - TOTAL NON EXEMPT EQUTY IS $118,914) - Must resolve creditor objection. (MOD PLAN RESOLVES OBJECTION) Modified plan before confirmation proposes:$1,000 x 60 beginning 3/1/2024, not less than $48,042.16 to unsecured creditors Payments: 1/1 |
Matter ResolvedRequest Adjourment | 150 | 5/8/2024 10:00 am | 24-11184 / MBK | David G. Beslow, Esq. | Confirmation Hearing Scheduled | Continued 6/26/2024 10:00 am | As of 5/1/24 (DS): 1. Debtor in arrears $600, made 1 out of 3 pymts, last pymt made 3/21/24. 2. Trustee obj to the following: - Must provide current market analysis (appraisal provided is dated 7/12/23. Zillow values more), 2023 tax return and 2 months bank statements from PNC Bank acct#9591 prior to filing date. - Must amend Schedules B and C to add PNC Bank acct#9591, shown on PNC Bank acct#9428. - Need Trustee standard order of distribution. - Must file Pre-confirmation certificate. 3. Freedom Mortrgage (BROCK & SCOTT) obj arrears owed, POC filed with arrears $2,693.87. Prop Plan $300 x 36 begin 3/1/24; Base |
Matter ResolvedRequest Adjourment | 151 | 5/8/2024 10:00 am | 24-11204 / MBK | Christopher G. Cassie, Esq. | Confirmation Hearing Scheduled | Denied | issues as of 4/29/2024 (JMA) - need creditor consent to grant adjournment 1) Magerick LLC (Waldman & Kaplan) objection to confirmation - need to resolve -arrears $78,392.78 2) Trustee objection to confirmation - need to resolve - Proof of social security income - from person contributing to household expenses, per affidavit. - A copy of the last filed tax return - for 2023. NOT PROVIDED TO DATE - Updated auto insurance for 2011 Ford, expired 3/28/24. RENEWAL NOT PROVIDED - A Modified Plan that marks off Parts 8a, 8c and 8d, and also corrects treatment of Land Home Financial. NOT FILED - 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): There is non-exempt equity in TD Bank acct $1,223. - Add to confirming order non-exempt proceeds from potential claim on solar panels to Trustee. - Must resolve IRS estimated tax claim. NOT RESOLVED - Must file Pre-confirmation certification. NOT FILED TO DATE proposed plan $1477x60 minimum $5498 dividend to gucs paid in $2,954 last claim 5 |
Matter ResolvedRequest Adjourment | 152 | 5/8/2024 10:00 am | 24-11209 / MBK | PRO SE | Confirmation Hearing on Modified Plan | Confirmed | updated 5/2/2024 (JMA) ok to confirm at $4,272.16 paid to date, $1,464 x 57 begin 6/1/2024, 100% plan with $57,484 threshold preserved. -Add to confirming order that the 522(b)(3)(B) exemption taken by the debtor is disallowed. issues as of 5/2/2024 (JMA) 1) Trustee objection to confirmation - need to resolve -The debtor has insufficient income. -The debtor has undertaken an improper use of exemption. Specifically: The Trustee objects to the 522(b)(3)(B) exemption taken on the Pebble Lane property. ISSUE NOT RESOLVED -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): There is $70,479 equity in real estate. FILED CLAIM HIGHER, REDUCES NON-EXEMPT EQUITY TO $57,484.28 proposed plan $1,424.72x60 100% plan paid in $1,424.72 arrears $1,424.72 last claim 1 RESOLVED ISSUES: -Must file Pre-confirmation certificate. RESOLVED, FILED -A Modified Plan that marks off Part 5a of plan unsecured creditors. RESOLVED -The debtor has failed to supply the Trustee with the following document (s): A copy of the last filed tax return - Need Tax Declaration Form. PROVIDED, HAS BEEN UNEMPLOYED FOR LAST 4 YEARS, SOCIAL SECURITY IN ONLY INCOME |
Matter ResolvedRequest Adjourment | 153 | 5/8/2024 10:00 am | 24-11216 / MBK | Yakov Rudikh, Esq. | Confirmation Hearing Scheduled | Continued 6/12/2024 10:00 am | issues as of 4/29/2024 (JMA) 1) Trustee objection to confirmation - need to resolve - A copy of the last filed tax return - 2023 by 5/15/2024. - Need December and January bank statements for Chase account 5512. NOT PROVIDED TO DATE - 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): There is $134,380 in non-exempt equity in the residence (100% Plan.) - The IRS filed an estimated claim which needs to be amended. STILL NOT RESOLVED - Need to file Pre-Confirmation Certification NOT FILED TO DATE 2) State of NJ priority claim is estimated, need amended claim RESOLVED, CLAIM HAS BEEN AMENDED proposed plan $1,220x60 100% plan paid in $2,440 last claim 16 RESOLVED ISSUES: - A copy of the homeowner's insurance renewal declaration - Policy expired 3/10/24. RESOLVED, RENEWAL PROVIDED - State of NJ priority claim is estimated, need amended claim RESOLVED, CLAIM HAS BEEN AMENDED |
Matter ResolvedRequest Adjourment | 154 | 5/8/2024 10:00 am | 24-11266 / MBK | Robert Cameron Legg, Esq. | Confirmation Hearing Scheduled | Confirmed | AS OF 4/30/24 (SF) RECOMMEND $4598 PTD, $2511 X 58 (BEGIN 5/1/24) 100% PLAN W/MIN DIV OF $144,286 TO GUCS PER 122c - STUDENT LOANS TO BE PAID OUTSIDE PLAN Trustee objection: - Reviewed the 22C, monthly gross income is $15,295.43. (2023 gross for shoprite $102,236/12 = $8,519.67, UPS gross for January, 2024 = $1,229.86, and co -debtor monthly gross $5,545.90). Per the 22C, monthly disposable income is $2,404 which requires a minimum dividend of $144,286 to general unsecured creditors. PLAN IS 100% - Verified income leaves monthly disposable income of $3,122.52. Plan proposes $2299 x 60 100% Payments: 2/2 RESOLVED ISSUES: - A copy of the homeowner's insurance renewal declaration - need current declaration page. (RECEIVED) - Need a statement for the debtor's 401k loan. (RECEIVED. WILL BE PAID IN 14 MONTHS) - IRS priority claim is estimated (AMENDED) - A copy of the last filed tax return - 2023 by 5/31/2024. (RECEIVED) - Need to file Pre-Confirmation Certification. (FILED) |
Matter ResolvedRequest Adjourment | 155 | 5/8/2024 10:00 am | 24-11369 / MBK | PRO SE | Confirmation Hearing Scheduled | Dismissed | As of 5/6/24 (DS): Recommend confirming at $341 x 38 begin 3/1/24; 100% to GUCs. EMAILED DEBTOR - Add to confirming order that Trustee shall pay POC (4-1) of Halina Kapala $800 as priority. The confirmation shall cure the pre-petition default of the landlord, and landlord has stay relief to pursue non-monetary cause for eviction per 4/24/24 stay relief order. - Trustee standard order of distribution. - Part 8(a) of the plan shall be modified to provide that the Debtor(s) property shall be vested upon confirmation. 1. Stay relief was granted to landlord to initiate action on Debtor residence. EMAILED DM OTBS by MBK - stay relief limited to health & safety issues with respect to the property - case can be worked-up for confirmation to address the financial portion - Confirmation ADJ to 5/8/24 for work-up (dm) Mk: replied to debtor's email on 4/20. She asked status of her case. I told her there was an MFR by the LL on and she had not filed any opposition. I attached the motion to the email . I copied and pasted the confirmation case notes as well. As of 4/19/24 (DS): 1. Trustee obj to add language that vesting will occur at confirmation, also need Trustee standard order of distribution. 2. Halina Kapala (landlord) filed motion for relief sched 4/24/24. Debtor owed pre-petition arrears $800, claim filed as unsecured, no post-pet arrears owed. Plan propose to pay $800 as unsecured pro rata up to amount listed. MFR GRANTED Prop Plan $341 x 38 begin 3/1/24; $316.12 x 1; Base |
Matter ResolvedRequest Adjourment | 156 | 5/8/2024 10:00 am | 24-11453 / MBK | Yakov Rudikh, Esq. | Motion Relief from Stay (Fee) | Consent Order to be Submitted | Debtor obj, made pymts<>CLEVELAND APT/LANDLORD (ARONS & ARONS) |
Matter ResolvedRequest Adjourment | 157 | 5/8/2024 10:00 am | 24-11581 / MBK | Andrew Thomas Archer, Esq. | Confirmation Hearing Scheduled | Continued 6/12/2024 10:00 am | AS OF 5/3/2024 (at): 1. NJ Division of Taxation filed an estimated claim #6 which needs to be amended. (NO LONGER ESTIMATED) RESOLVED ISSUES: Trustee's objection: 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): - There is $83,726 in non exempt equity in the residence. (LANGUAGE ADDED) - There is $9,852 in non exempt equity in the 2018 Chevy. (LANGUAGE ADDED) - The IRS filed an estimated claim which needs to be amended. (NO LONGER ESTIMATED) - Need to file Pre-Confirmation Certification. (FILED) Plan proposes: $516 x 60 beginning 3/1/2024, 100% plan Payments: 2/3, arrears $516 |
Matter ResolvedRequest Adjourment | 158 | 5/8/2024 10:00 am | 24-11680 / MBK | PRO SE | Confirmation Hearing Scheduled | Moot - Dismissed |