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UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION - DETROIT



IN THE MATTER OF:

MARILYN FESSLER,
Debtor.
___________________________________/

CHAPTER 13
CASE NO. 11-53376-SWR
JUDGE STEVEN W RHODES



of the Chapter 13 Plan in the above matter pursuant to E. D. Mich. LBR 3015-3(a) as follows:

TRUSTEE’S OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN
NOW COMES the Chapter 13 Trustee, Krispen S. Carroll, and objects to confirmation

1. Trustee objects to debtor’s failure to disclose the A/K/A name of debtor on the
petition, Marilyn Meister, and your Trustee questions whether proper notice has been given to
creditors of the pendency of these proceedings.

2. As debtor’s Plan provides that she will remit $5,833.00 in month 1, Trustee objects to

debtor’s failure to remit that as according to the debtor that is her 2010 income tax refund and
adoption subsidy.

3. Trustee objects to debtor’s inclusion of the lump sum in Part I.A. of the Chapter 13

Plan where Part I.C. of the Chapter 13 Plan commits tax refunds which the debtor receives or is
entitled to receive after commencement of the case.

4. Trustee objects to an inaccurate Worksheet specifically Line 5, thus affecting the

estimated percentage to unsecured creditors.

5. The Trustee objects to the failure to provide for several creditors on the Matrix and

believes that creditor(s) may not have been adequately advised of the pendency of these
proceedings.

6. Trustee questions whether or not debtor receives an adoption subsidy separate from

the earned income credit disclosed on her tax returns.

7. As debtor’s entire budget for a family of five is only $1,600.20 per month, Trustee

objects to the feasibility of debtor’s Chapter 13 Plan pursuant to 11 U.S.C. § 1325(a)(6).
8. Trustee requests documentation regarding the assets of M&E Holdings LLC

including any tax returns.

9. Trustee requires a copy of the last deed of record and copies of liens and mortgages

for any real estate owned.

WHEREFORE, the Chapter 13 Trustee prays this Honorable Court deny confirmation

of the debtor's Chapter 13 Plan.




July 27, 2011



OFFICE OF THE CHAPTER 13 TRUSTEE-DETROIT
Krispen S. Carroll, Chapter 13 Trustee





/s/ Margaret Conti Schmidt
KRISPEN S. CARROLL (P49817)
MARGARET CONTI SCHMIDT (P42945)
MARIA GOTSIS (P67107)
719 Griswold Street
1100 Dime Building
Detroit, MI 48226
(313) 962-5035
[email protected]

11-53376-swr Doc 26 Filed 07/27/11 Entered 07/27/11 15:24:28 Page 1 of 2

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION - DETROIT

IN THE MATTER OF:

MARILYN FESSLER,
Debtor.
___________________________________/

CHAPTER 13
CASE NO. 11-53376-SWR
JUDGE STEVEN W RHODES

CERTIFICATE OF MAILING











I hereby certify that on the date indicated below, I electronically filed TRUSTEE’S
OBJECTIONS TO CONFIRMATION OF CHAPTER 13 PLAN with the Clerk of the Court
using the ECF system which will send notification of such filing to the following:

CHARLES TAUNT
700 E MAPLE RD 2ND FL
BIRMINGHAM, MI 48009-0000

and I hereby certify that I have mailed by United States Postal Service the above mentioned
documents to the following non-ECF participants:


MARILYN FESSLER
7045 CEDARBANK DRIVE
WEST BLOOMFIELD, MI 48324-0000




July 27, 2011

/s/ Barbara A. Ecclestone








Barbara A. Ecclestone
For the Office of the Chapter 13 Trustee-Detroit
719 Griswold Street
1100 Dime Building
Detroit, MI 48226
(313) 962-5035
[email protected]


11-53376-swr Doc 26 Filed 07/27/11 Entered 07/27/11 15:24:28 Page 2 of 2