Case Details

CourtEastern District of Kentucky - Bankruptcy
Docket number13-70097
Date case filed2013-02-15
Date case closed
Date of latest filing
Assigned toChief Judge Tracey N. Wise
Case cause
Nature of suit
Jury demand
Demand
Jurisdiction

Case Parties

Party: Jason Ratliff
Party type: Debtor
Attorney name: Daryle M. Ronning
Attorney Contact:
P.O. Box 1455
Pikeville, KY 41502
(606) 437-6218
Fax : (606) 437-6210
Email:
Party: Beverly M. Burden
Party type: Trustee
PO Box 2204
Lexington, KY 40588
(859) 233-1527
Party: James R. Westenhoefer
Party type: Trustee
212 S 3rd St
Richmond, KY 40475
(859)624-0145
TERMINATED: 09/25/2013
Party: U.S. Trustee
Party type: U.S. Trustee
100 E Vine St #500
Lexington, KY 40507
(859) 233-2822
Attorney name: Rachelle C. Dodson
Attorney Contact:
100 E. Vine St. #500
Lexington, KY 40507
(859) 233-2822
Email:

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12013-02-15 Chapter 13 Voluntary Petition. Fee Amount $281 Filed by Jason Ratliff. (Ronning, Daryle) (Entered: 02/15/2013)
22013-02-15 Chapter 13 Plan Filed by Jason Ratliff. (Ronning, Daryle) (Entered: 02/15/2013)
32013-02-15 Certificate of Credit Counseling, filed by Jason Ratliff. (Ronning, Daryle) (Entered: 02/15/2013)
42013-02-19 Notice of Initial Letter to Debtor(s) Filed by Beverly M. Burden. (burden, Beverly) (Entered: 02/19/2013)
52013-02-15 Certificate of Service of Chapter 13 Plan Filed by Jason Ratliff (RE: related document(s)2 Chapter 13 Plan filed by Debtor Jason Ratliff). (alf) (Entered: 02/19/2013)
62013-02-19 Meeting of Creditors with 341(a) meeting to be held on 4/9/2013 at 01:30 PM at Pikeville Courtroom. Last day to oppose dischargeability is 6/10/2013. Proofs of Claims due by 7/8/2013.Confirmation hearing to be held on 5/15/2013 at 09:30 AM at Pikeville Courtroom. (alf) (Entered: 02/19/2013)
72013-02-19 Chapter 13 Order to Debtor to Turn Over/Produce Documents. (alf) (Entered: 02/19/2013)
82013-02-21 BNC Certificate of Mailing - Meeting of Creditors Notice Date 02/21/2013. (Related Doc # 6) (Admin.) (Entered: 02/22/2013)
92013-02-21 BNC Certificate of Mailing Notice Date 02/21/2013. (Related Doc # 7) (Admin.) (Entered: 02/22/2013)
102013-03-07 Confirmation Hearing Continued/Rescheduled for new location. Confirmation hearing to be held on 5/15/2013 at 09:30 AM at Pikeville 341 Meeting Room. (srw) (Entered: 03/07/2013)
112013-03-09 BNC Certificate of Mailing - Hearing Notice Date 03/09/2013. (Related Doc # 10) (Admin.) (Entered: 03/10/2013)
122013-03-12 Notice of Appearance and Request for Notice by David C. Nalley Filed by on behalf of Harley-Davidson Credit Corp.. (Nalley, David) (Entered: 03/12/2013)
132013-03-12 Notice of Appearance and Request for Notice by Joshua J. Owen Filed by on behalf of Pikeville Medical Center, Inc.. (Owen, Joshua) (Entered: 03/12/2013)
142013-03-13 Creditor Request for Notices , filed by CAPITAL ONE NA. (Bass, Patti) (Entered: 03/13/2013)
152013-03-13 Objection to Confirmation of Plan Filed by Harley-Davidson Credit Corp.. (Nalley, David) (Entered: 03/13/2013)
162013-03-18 Objection to Confirmation of Plan Valuation as to 2011 Nissan Titan Filed by Nissan Motor Acceptance Corp.. (McCabe, John) (Entered: 03/18/2013)
172013-04-11 Meeting of Creditors Held. (burdb3, Beverly) (Entered: 04/11/2013)
182013-04-24 Trustee's Chapter 13 Plan Recommendation Concerning Confirmation of Debtor's Plan Filed by Beverly M. Burden. (Burden, Beverly) (Entered: 04/24/2013)
192013-05-09 Amended Objection to Confirmation of Plan Filed by Harley-Davidson Credit Corp.. (Nalley, David) (Entered: 05/09/2013)
202013-05-17 Proposed Order submitted by Beverly M. burden. (burden, Beverly) (Entered: 05/17/2013)
212013-05-20 The following entry has been terminated. See corrected entry/document #22.Order Continuing Confirmation Hearing. Confirmation hearing to be held on 6/12/2013 at 11:00 AM at Pikeville 341 Meeting Room. (srw) Modified on 5/21/2013 (srw). (Entered: 05/20/2013)
222013-05-20 Order Continuing Confirmation Hearing. Confirmation hearing to be held on 6/12/2013 at 11:00 AM at Pikeville District Courtroom. Redocketed to attach correct pdf document and to correct hearing location. (srw) (Entered: 05/20/2013)
232013-05-21 Certificate of Service (RE: related document(s)22 Order Continuing Confirmation Hearing). (burden, Beverly) (Entered: 05/21/2013)
242013-05-29 Notice of Requirement to Complete Course in Financial Management. (ADI.) (Entered: 05/29/2013)
252013-05-31 BNC Certificate of Mailing Notice Date 05/31/2013. (Related Doc # 24) (Admin.) (Entered: 06/01/2013)
262013-06-06 Financial Management Course, filed by Jason Ratliff. (Ronning, Daryle) (Entered: 06/06/2013)
272013-06-10 Notice of Voluntary Conversion, Chapter 13 to Chapter 7. Fee Amount $25, Filed by Jason Ratliff. (Ronning, Daryle) (Entered: 06/10/2013)
282013-06-11 Notice is hereby given that this case was converted on June 10, 2013, from chapter 13 to chapter 7. Conversion of this case terminates the service of any trustee serving prior to the conversion. Within 120 days of the conversion, a final report and account shall be filed with the court by the chapter 13 trustee. Within 14 days of the conversion, a schedule of unpaid debts incurred after the commencement of the chapter 13 case shall be filed with the court by the debtor(s) pursuant to Federal Rules of Bankruptcy Procedure 1019(5)(B)(i). Failure of the debtor(s) to comply with this order may result in the dismissal of this case, or the withholding of the discharge of the debtor(s) without further notice or hearing. This does not limit any party in interest from seeking contempt sanctions, dismissal of the case, or any other remedy for failure to comply with this order, so ORDERED by /s/ Judge. CC: Attorney for Debtor, Chapter 7 Trustee, Chapter 13 Trustee, US Trustee(srw)This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (Entered: 06/11/2013)
292013-06-11 Notice of Appointment of Interim Trustee and Fixing of Bond. Pursuant to 11 U.S.C. Section 701, James R. Westenhoefer is appointed Interim Trustee in the above referenced matter and is hereby designated to preside at the meeting of creditors. Pursuant to FRBP 2008, the Trustee will be deemed to have accepted this appointment unless it is rejected within seven (7) days of receipt of this Notice. The Trustee's required bond is included under the approved existing general blanket bond. The United States Trustee shall be notified immediately in the event the Trustee's funds on deposit for any asset case exceeds $100,000.Unless creditors at the first meeting of creditors held pursuant to 11 U.S.C. Section 341(a) elect another trustee, the Interim Trustee appointed herein shall serve as Trustee without further appointment or qualification under the same bond./s/ John L. Daugherty, Assistant U.S. Trustee (srw) (Entered: 06/11/2013)
302013-06-11 Meeting of Creditors with 341(a) meeting to be held on 7/26/2013 at 01:20 PM at Pikeville 341 Meeting Room. Last day to oppose discharge is 9/24/2013. Proofs of Claims due by 10/24/2013. (srw) (Entered: 06/11/2013)
312013-06-11 Chapter 7 Order to Debtor to Turn Over/Produce Documents. (srw) (Entered: 06/11/2013)
322013-06-11 It appearing to the Court that the within case has been converted, the attorney for the debtor(s) is ordered to submit an amended disclosure of fees statement as required by Rule 2016(b) of the Rules of Bankruptcy Procedure within fourteen (14) days of the date of this order. So ORDERED by /s/ Judge.CC: Attorney for Debtor(srw)This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (Entered: 06/11/2013)
332013-06-12 Amended Disclosure of Fees filed by Attorney for Debtor. (Ronning, Daryle) (Entered: 06/12/2013)
342013-06-12 Amended Disclosure of Fees filed by Attorney for Debtor. (Ronning, Daryle) (Entered: 06/12/2013)
352013-06-12 Certificate of Service re: Payment Advices, filed by Jason Ratliff. (Ronning, Daryle) (Entered: 06/12/2013)
362013-06-13 Motion for Relief from Stay and Abandonment as to 2011 Nissan Titan, filed by Nissan Motor Acceptance Corp. Fee Amount 176. Last day to file objections: 8/9/2013. (Attachments: # 1 Proposed Order) (McCabe, John) (Entered: 06/13/2013)
372013-06-13 BNC Certificate of Mailing - Meeting of Creditors Notice Date 06/13/2013. (Related Doc # 30) (Admin.) (Entered: 06/14/2013)
382013-06-13 BNC Certificate of Mailing Notice Date 06/13/2013. (Related Doc # 31) (Admin.) (Entered: 06/14/2013)
392013-08-05 As required by 11 U.S.C. Sec. 704(b)(1)(A), the United States Trustee has reviewed the materials filed by the debtor(s). Having considered these materials in reference to the criteria set forth in 11 U.S.C. Sec. 707(b)(2)(A), and, pursuant to 11 U.S.C. Sec. 704(b)(2), the United States Trustee has determined that:(1) the debtor's case should be presumed to be an abuse under section 707(b); and (2) the product of the debtor's current monthly income, multiplied by 12, is not less than the requirements specified in section 704(b)(2)(A) or (B). As required by 11 U.S.C. Sec. 704(b)(2) the United States Trustee shall, not later than 30 days after the date of this Statement's filing, either file a motion to dismiss or convert under section 707(b) or file a statement setting forth the reasons the United States Trustee does not consider such a motion to be appropriate. Debtor(s) may rebut the presumption of abuse only if special circumstances can be demonstrated as set forth in 11 U.S.C. Sec. 707(b)(2)(B). Filed by U.S. Trustee. (Dodson, Rachelle) (Entered: 08/05/2013)
402013-08-08 BNC Certificate of Mailing Notice Date 08/08/2013. (Related Doc # 39) (Admin.) (Entered: 08/09/2013)
412013-08-09 Motion to Dismiss Case for Abuse, filed by U.S. Trustee. Hearing on Motion to Dismiss scheduled for 9/11/2013 at 11:00 AM at Pikeville District Courtroom. (Attachments: # 1 Proposed Order) (Dodson, Rachelle) (Entered: 08/09/2013)
422013-08-14 Order GRANTING #36 Motion For Relief From Stay and Abandonment as to 2011 Nissan Titan, filed by Nissan Motor Acceptance Corp.. (srw) (Entered: 08/14/2013)
432013-08-16 Chapter 13 Trustee's Report prior to conversion to Chapter 7 Filed by Beverly M. Burden. (burden, Beverly) (Entered: 08/16/2013)
442013-08-27 Motion to Convert Case From Chapter 7 to 13, filed by Jason Ratliff. Last day to file objections: 9/17/2013. (Attachments: # 1 Proposed Order) (Ronning, Daryle) (Entered: 08/27/2013)
452013-09-11 Judge's Minutes of Hearing Held on #41 U.S. Trustee's Motion to Dismiss Case for Abuse. (srw) (Entered: 09/11/2013)
462013-09-24 Order GRANTING #44 Debtor's Motion To Convert Case from Chapter 7 back to Chapter 13. (srw) (Entered: 09/25/2013)
472013-09-25 Notice is hereby given that this case was converted on September 24, 2013 from Chapter 7 back to Chapter 13. Conversion of this case to a case under Chapter 13 terminates the service of any trustee serving prior to the conversion and stays liquidation of the estate by said trustee. The trustee in the superseded case shall file with the court a final report and account within 30 days of the date of conversion, so ORDERED by /s/ Judge.(srw)This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (Entered: 09/25/2013)
482013-09-25 Meeting of Creditors with 341(a) meeting to be held on 11/12/2013 at 11:00 AM at Pikeville 341 Meeting Room. Last day to oppose dischargeability is 1/13/2014. Proofs of Claims due by 2/10/2014. Confirmation hearing to be held on 12/11/2013 at 09:30 AM at Pikeville 341 Meeting Room. (srw) (Entered: 09/25/2013)
492013-09-25 Chapter 13 Order to Debtor to Turn Over/Produce Documents. (srw) (Entered: 09/25/2013)
502013-09-25 It appearing to the Court that the within case has been converted, the attorney for the debtor(s) is ordered to submit an amended disclosure of fees statement as required by Rule 2016(b) of the Rules of Bankruptcy Procedure within fourteen (14) days of the date of this order. So ORDERED by /s/ Judge.(srw)This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (Entered: 09/25/2013)
512013-09-26 Amended Disclosure of Fees filed by Attorney for Debtor. (Ronning, Daryle) (Entered: 09/26/2013)
522013-09-27 BNC Certificate of Mailing - Meeting of Creditors Notice Date 09/27/2013. (Related Doc # 48) (Admin.) (Entered: 09/28/2013)
532013-09-27 BNC Certificate of Mailing Notice Date 09/27/2013. (Related Doc # 49) (Admin.) (Entered: 09/28/2013)
542013-10-14 Objection to Confirmation of Plan Filed by Harley-Davidson Credit Corp.. (Attachments: # 1 Exhibit A- Proof of Claim # 2 Exhibit B- NADA)(Howard, Jerry) (Entered: 10/14/2013)
552013-10-18 Withdrawal of Document, filed by Beverly M. Burden (RE: related document(s)43 Trustee's Report in Converted Case filed by Trustee Beverly M. Burden). (burden, Beverly) (Entered: 10/18/2013)
562013-11-06 Withdrawal of Claim: 5 , Filed by Pikeville Medical Center, Inc.. (Owen, Joshua) (Entered: 11/06/2013)
572013-11-14 Meeting of Creditors Not Held. (burdb3, Beverly) (Entered: 11/14/2013)
582013-11-14 Notice of Continued/Rescheduled Confirmation Hearing by Trustee. Filed by Beverly M. Burden. Confirmation hearing to be held on 1/15/2014 at 9:30 AM at Pikeville 341 Meeting Room. (burden, Beverly) (Entered: 11/14/2013)
592013-11-14 Meeting of Creditors Continued by Trustee Filed by Beverly M. Burden (RE: related document(s)48 Meeting of Creditors Chapter 13). with 341(a) meeting to be held on 12/10/2013 at 12:00 PM at Pikeville 341 Meeting Room. (burden, Beverly) Pursuant to KYEB LBR 2003-1(a), any required service of the continued meeting date, time and place shall be the responsibility of counsel for the debtor(s). (Entered: 11/14/2013)
602013-11-19 Motion to Dismiss Case for Failure to Make Plan Payments, filed by Beverly M. Burden. Hearing on Motion to Dismiss scheduled for 12/11/2013 at 11:00 AM at Pikeville District Courtroom. (burden, Beverly) (Entered: 11/19/2013)
612013-12-11 Judge's Minutes of Hearing Held (RE: related document(s)60 Motion to Dismiss Case for Failure to Make Plan Payments filed by Trustee Beverly M. Burden) (srw) (Entered: 12/11/2013)
622013-12-12 Meeting of Creditors Not Held. (burdb3, Beverly) (Entered: 12/12/2013)
632013-12-12 Proposed Order submitted by Beverly M. burden (RE: related document(s)60 Motion to Dismiss Case for Failure to Make Plan Payments filed by Trustee Beverly M. Burden). (burden, Beverly) (Entered: 12/12/2013)
642013-12-13 Order GRANTING Motion to Dismiss Case for Failure to Make Plan Payments (Related Doc # 60) (kaya) (Entered: 12/13/2013)
652013-12-13 Notice of Dismissal (kaya) (Entered: 12/13/2013)
662013-12-15 BNC Certificate of Mailing - Order Dismissing Case Notice Date 12/15/2013. (Related Doc # 65) (Admin.) (Entered: 12/16/2013)
672013-12-16 Certificate of Service (RE: related document(s)64 Order on Motion to Dismiss Case for Failure to Make Plan Payments). (burden, Beverly) (Entered: 12/16/2013)
682013-12-23 Chapter 13 Trustee's Final Report and Account Filed by Beverly M. Burden. (burden, Beverly) (Entered: 12/23/2013)
692014-01-27 Chapter 7 Trustee's Report of No Distribution: I, James R. Westenhoefer, having been appointed trustee of the estate of the above-named debtor(s), report that I have neither received any property nor paid any money on account of this estate; that I have made a diligent inquiry into the financial affairs of the debtor(s) and the location of the property belonging to the estate; and that there is no property available for distribution from the estate over and above that exempted by law. Pursuant to Fed R Bank P 5009, I hereby certify that the estate of the above-named debtor(s) has been fully administered. I request that I be discharged from any further duties as trustee. Key information about this case as reported in schedules filed by the debtor(s) or otherwise found in the case record: This case was pending for 2 months. Assets Abandoned(without deducting any secured claims): $ 61500.00, Assets Exempt: $ 14876.23, Claims Scheduled: $ 141119.66, Claims Asserted: Not Applicable, Claims scheduled to be discharged without payment(without deducting the value of collateral or debts excepted from discharge): $ 141119.66. Filed by James R. Westenhoefer. (Westenhoefer, James) (Entered: 01/27/2014)
702014-01-28 It appearing to the court that James Westenhoefer, the chapter 7 trustee in said cause, has rendered a full and complete account thereof, and that said trustee has performed all other and further duties required of him/her in the administration of said estate; IT IS ORDERED that the accounts of said trustee be and they are hereby approved and allowed; that the trustee be discharged and relieved of his/her trust; and that the bond of the trustee be canceled and the surety or sureties thereon released from further liability thereunder, except any liability which may have accrued during the time such bond was in effect, so ordered by /s/ Judge.(srw)This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (Entered: 01/28/2014)