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Case 3:11-bk-02955-PMG Doc 62 Filed 04/04/13 Page 1 of 9

UNITED STATES BANKRUPTCY COURT

MIDDLE DISTRICT OF FLORIDA

JACKSONVILLE DIVISION

IN RE:

MARK DOUGLAS RUBLE and
MARGIE KAY RUBLE,

Debtors.

/



CASE NO.: 11-02955-3G3

MOTION TO MODIFY CONFIRMED CHAPTER 13 PLAN DATED OCTOBER 11, 2011

NOTICE OF OPPORTUNITY TO OBJECT AND FOR HEARING: Pursuant to Local
Rule 2002-4, the Court will consider this motion, objection, or other matter without
further notice or hearing unless a party in interest files an objection within 21 days from
the date this paper is entered on the docket. If you object to the relief requested in this
paper, you must file your objection with the Clerk of the Court at 300 North Hogan
Street, Suite 3-350, Jacksonville, FL 32202, and serve a copy on the movant's attorney,
J. HERBERT WILLIAMS, 702 S. Magnolia Avenue, Suite 2, Ocala, FL 34471-0987
If you file and serve an objection within the time permitted, the Court will
schedule a hearing and you will be notified. If you do not file an objection within the
time permitted, the Court will consider that you do not oppose the granting of the relief
requested in the paper, will proceed to consider the paper without further notice or
hearing, and may grant the relief requested.

COMES NOW the Debtors, MARK DOUGLAS RUBLE and MARGIE KAY RUBLE, by and

through their undersigned attorney, pursuant to 11 U.S.C. §1129, and move to modify the confirmed

Chapter 13 Plan and would state as follows:

1.

The Debtors filed a voluntary petition for relief under Chapter 13 of the Bankruptcy Code

on April 25, 2011.

2.

A confirmation hearing was held on August 26, 2011 and the court confirmed the debtors’

Chapter 13 Plan.

3.

4.

The Order Confirming Plan was entered on September 21, 2011.

Deadline for all Creditors to file a Proof of Claim was September 6, 2011.

Case 3:11-bk-02955-PMG Doc 62 Filed 04/04/13 Page 2 of 9

5.

Debtors filed a Motion for Modification of the Confirmed Chapter 13 Plan on October

11, 2011 and a subsequent Order Granting Motion to Modify Confirmed Plan was entered on November

9, 2011.

6.

Since debtors’ previous modification, Debtor/Husband’s employment was terminated

causing the debtors to fall behind in their Chapter 13 plan payments. Only 13 payments remain in the

debtors’ 36-month plan.

7.

Debtors’ Modified Confirmed Chapter 13 Plan needs to be modified a second time to

bring them current in their Chapter 13 Plan payments and put them back on track to completing their

Chapter 13 Plan.

8.

Attached as Exhibit “A” is the proposed Modified Confirmed Chapter 13 Plan.

I HEREBY CERTIFY that on this 4 day of April, 2013, a true and correct copy of the foregoing
Motion to Modify Confirmed Chapter 13 Plan has been furnished by United States Mail via First Class
Service to: U.S. Assistant Trustee, 400 W. Washington Street, Suite 1100, Orlando, FL 32801; Douglas
W. Neway, Trustee, P.O. Box 4308, Jacksonville, FL 32201-4308; and to all other creditors and interested
parties on the mailing matrix which is attached hereto.

th

J. HERBERT WILLIAMS, P.A.

BY:

/s/ J. HERBERT WILLIAMS
J. HERBERT WILLIAMS
702 S. MAGNOLIA AVENUE
SUITE 2
OCALA, FLORIDA 34471-0987
(352) 629-6000
FAX (352) 387-1694
Florida Bar No. 0604471
Attorney for Debtors

Case 3:11-bk-02955-PMG Doc 62 Filed 04/04/13 Page 3 of 9

UNITED STATES BANKRUPTCY COURT

MIDDLE DISTRICT OF FLORIDA

JACKSONVILLE DIVISION

IN RE:

MARK DOUGLAS RUBLE and
MARGIE KAY RUBLE,

Debtors.

/



CASE NO.: 11-02955-3G3

SECOND MODIFIED CONFIRMED CHAPTER 13 PLAN

The Debtors, MARK DOUGLAS RUBLE and MARGIE KAY RUBLE, hereby

submit the following Modified Confirmed Chapter 13 Plan:

The future earnings of the Debtors are submitted to the supervision and control of the

Trustee, and the Debtors shall pay to the Trustee the sum of:

$1,815.00 per month for months 1 through 20
$1,386.00 per month for month 21
No payment for months 22 and 23
$1,150.00 per month for months 24 through 36.

The fees and expenses of the Trustee shall be paid over the life of the plan at the rate of 10%
of the amount of all payments under the Plan.

From the payments so received, the Trustee shall make disbursements as follows:

1)

J. HERBERT WILLIAMS, ATTORNEY FOR DEBTORS
J. Herbert Williams, attorney for Debtors has a claim for attorney fees in the amount

of $1,900.00 (includes $400.00 for this modification action):

Monthly payment:
Plan months: 1 - 2
Plan months: 24 - 31

Amount: $750.00
Amount: $50.00

2)

TAX COLLECTOR OF MARION COUNTY
PARCEL I.D. #: R35774-003-1

Total Claim for 2011 property taxes in the amount of $660.81. Trustee will pay this creditor
$660.81.

Monthly payment:
Plan month: 6

Amount: $660.81

Case 3:11-bk-02955-PMG Doc 62 Filed 04/04/13 Page 4 of 9

3)

CAMPUS USA CREDIT UNION
ACCT. #:...-1556

Total Claim in the amount of approximately $50,083.79. The debtors are current on this
homestead mortgage and will continue to pay this creditor directly outside the plan.

4)

FORD MOTOR CREDIT
ACCT. #: ...-2260

Total Claim in the amount of $7,831.59.
Collateral description: 2006 Ford F-150 Truck (purchased 1/2006)
Trustee will pay this creditor $8,449.92 to include interest of 5%.

Monthly payment:
Plan months: 1 - 21
Plan months: 24 - 36

Amount: $234.72
Amount: $270.84

5)

FREEDOM ROAD FINANCIAL
ACCT. #: ...-3317

Total Claim in the amount of $14,632.17.
Collateral description: 2005 Harley Davidson (29,500.00 miles - purchased 7/28/2007)
Trustee will pay this creditor $15,787.44 to include interest of 5%.

Monthly payment:
Plan months: 1 - 21
Plan months: 24 - 36

Amount: $438.54
Amount: $506.02

6)

DISTRIBUTION TO UNSECURED CREDITORS:
After payment of claims listed above the Trustee shall distribute all remaining sums
pro rata among those unsecured creditors whose claims are timely filed and allowed,
including secured creditors who have deficiency claims or whose liens have been avoided.
Where collateral is being surrendered in full satisfaction of the claim the trustee will make
no distribution on the creditor’s claim.

POST-PETITION CLAIMS allowed under 11 U.S.C. §1305 shall be paid in full
7)
in equal monthly installments, which installments commence on the date of the allowance
of said claim and conclude on the last payment under the Plan.

8)

OTHER PROVISIONS

A.

To satisfy the requirements of Section 365 of the Bankruptcy Code, debtors

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Case 3:11-bk-02955-PMG Doc 62 Filed 04/04/13 Page 5 of 9

expressly assume all of their leases and executory contracts in which they are now a party
and no lease or executory contract entered into by debtors is being rejected. Payments to
lessors will be paid directly and there shall be no reduction in the Chapter 13 plan payment
for these direct payments.

B.

of this plan.

Title to all property of the estate shall revest in the Debtors upon confirmation

C.

All creditors shall retain their liens to the extent permitted by 11 U.S.C.

Section 506(d).

D.

Any claims filed after the claims bar date shall receive no distribution under
this Plan unless specifically provided for above or unless debtors file the same on behalf of
a creditor.

E.

Upon confirmation of this plan by the Court, the debtors will be deemed to
have complied with all their required duties to provide or file all of the information required
under 11 U.S.C. Section 521 subsections (a)(1), (b), (c), (e) and (i).

F.

Confirmation of the plan shall impose an affirmative duty on the holders
and/or the servicers of any claims secured by liens, mortgages and/or deeds of trust on the
principal residence of the Debtors to do all of the following:

1.

To apply the payments received from the trustee on the prepetition
arrearages, if any, only to such arrearages. For the purposes of this plan, the “prepetition”
arrears shall include all sums included in the “allowed” proof of claim and shall have a “0"
balance upon entry of the Discharge Order in this case.

2.

To deem the prepetition arrearages as contractually current upon
confirmation of the plan, thereby precluding the imposition of late payment charges or other
default-related fees and services based solely on the prepetition default or defaults.

3.

To apply the direct post-petition monthly mortgage payments paid by
the trustee or by the Debtors to the month in which each payment was designated to be made
under the plan or directly by the Debtors, whether or not such payments are immediately
applied by the creditor to the outstanding loan balance or are placed into some type of
suspense, forbearance or similar account.

4.

Any post-petition costs or expenses incurred by or on behalf of any
secured creditor will be discharged upon the Debtors’ completion of the plan, unless
specifically provided for in the confirmation order, or by further order of the Court on motion
filed prior to completion of the plan.

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Case 3:11-bk-02955-PMG Doc 62 Filed 04/04/13 Page 6 of 9

DATED this 4 day of April, 2013.

th

J. HERBERT WILLIAMS, P.A.

BY:

/s/ J. HERBERT WILLIAMS
J. HERBERT WILLIAMS
702 S. MAGNOLIA AVENUE
SUITE 2
OCALA, FLORIDA 34471-0987
(352) 629-6000
FAX (352) 387-1694
Florida Bar No. 0604471
Attorney for Debtors

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