UNITED STATES BANKRUPTCY COURT
DISTRICT OF PUERTO RICO
NEYSHA MARYD FONSECA MARCANO
CASE NO. 10-07482-SEK
TRUSTEE’S UNFAVORABLE REPORT
ON PROPOSED POST CONFIRMATION PLAN MODIFICATION
TO THE HONORABLE COURT: NOW COMES, José R. Carrión, Chapter 13 Trustee, and very respectfully alleges and prays:
This is the Trustee’s position regarding the request, under 11 U.S.C. §1329, for the confirmation of a Chapter 13 Plan.
Debtor(s)’ Income: Above Median / 60 months commitment period.
The LIQUIDATION VALUE of the estate has been determined in $0.00
Gen Unsecured Pool: $0.00
R2016 STM. $3,000.00
TOTAL ATTORNEYS FEES THRU PLAN: $2,854.00 Fees paid: $682.50 Fees Outstanding: $2,171.50
With respect to the proposed (amended) Plan dated: 6/6/2011 (Dkt 30).
Plan Base: 31,070.00
The proposed (amended) plan can not be confirmed because it has the following deficiencies:
- Feasibility [§1325(a)(5)]: Plan fails to provide for an allowed secured claim.
Allowed secured creditor Reliable Financial has neither amended nor withdrawn it's claim (claim 6) in the case of
the stolen vehicle, therefore the Trustee cannot stop the disbursement to said creditor.
Due to the above described deficiencies in the proposed plan the Trustee Objects to the Confirmation of the same.
CERTIFICATE OF SERVICE: The Chapter 13 Trustee herewith certifies that a copy of this motion has been served
via first class mail on the same date it is filed to: the DEBTOR(s), and to her/his/their attorney through CM-ECF
In San Juan, Puerto Rico this June 15, 2011.
/s/ Jose R. Carrion
JOSE R. CARRION
CHAPTER 13 TRUSTEE
PO Box 9023884, San Juan, PR 00902-3884
JQA Tel. (787) 977-3535 Fax (787) 977-3550