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UNITED STATES BANKRUPTCY COURT

DISTRICT OF PUERTO RICO

IN RE:
NEYSHA MARYD FONSECA MARCANO



CASE NO. 10-07482-MCF

CHAPTER 13

DEBTOR (S)

TO THE HONORABLE COURT:

TRUSTEE'S MOTION TO DISMISS

NOW COMES José R. Carrión, Chapter 13 Trustee, through the undersigned

attorney, and very respectfully alleges and prays:

1. There is CAUSE for this case dismissal as the Debtor(s) is (are) in

material default with respect to the terms of the confirmed plan (or proposed
plan). As of October 19, 2011 the default is equal to $875.00. 11 U.S.C. §1307(c)

2. There is CAUSE for this case dismissal until the debtor(s) becomes current
with all the required payments under the plan since this situation constitutes an
unreasonable delay prejudicial to creditors. 11 U.S.C. §1307(c)(1).

WHEREFORE the Trustee respectfully prays that this motion be granted and that
an order dismissing this case be entered for cause pursuant to 11 U.S.C. §1307 (c)
for the reasons herein set forth.

30 DAYS NOTICE: Pursuant to General Order No. 05-09, the Debtor(s),

his/her/their counsel of record, and all those parties in interest who have filed
a notice of appearance in this case, are hereby notified that unless a party in
interest files an objection hereto within 30 days from the date of this notice,
the case may be dismissed or converted without the need of further notice or
hearing.
CERTIFICATE OF SERVICE: The Chapter 13 Trustee herewith certified that a copy of
this motion has been served on this same date, to their respective address of
record to: Debtor(s), to their counsel and to all those parties in interest who
have filed a notice of appearance by First Class Mail if not an ECFS register
user.

In San Juan, Puerto Rico this Wednesday, October 19, 2011.

/s/ Jose R. Carrion
JOSE R. CARRION
CHAPTER 13 TRUSTEE
P.O. Box 9023884,
Old San Juan Station,
San Juan, P.R. 00902-3884
Tel (787) 977-3535
FAX (787) 977-3550

(6).

















UNITED STATES BANKRUPTCY COURT

DISTRICT OF PUERTO RICO

IN RE:
NEYSHA MARYD FONSECA MARCANO



CASE NO. 10-07482-MCF

CHAPTER 13

DEBTOR (S)

AFFIDAVIT FOR DEFAULT JUDGEMENT
PURSUANT TO SECTION 201(b)(4)

OF THE SERVICEMEMBERS CIVIL RELIEF ACT OF 2003




declare under penalty of perjury, the following:


I , LILA SANTIAGO FUENTES ,clerk for the Chapter 13 & 12 Trustee’s Office,

That according to the enclosed certification, provided by the Department of
Defense Manpower Data Center (DMDC), the Debtor(s) is (are) not in active duty or
under call to active duty as a member(s) of the Army, Navy or Air Forces of the
United States of America; the National Guard; the Public Health Service or the
National Oceanic and Atmospheric Administration.
To certify the above statement I sign this affidavit,

In San Juan, Puerto Rico, October 19, 2011.









______________________________

Request for Military Status

Department of Defense Manpower Data Center

Page 1 of 2

Oct-19-2011 07:03:07

Military Status Report
Pursuant to the Service Members Civil Relief Act

Last Name

First/Middle

Begin Date

Active Duty Status

Active Duty End Date

Service
Agency

FONSECA
MARCANO

NEYSHA
MARYD

Based on the information you have furnished, the DMDC does not possess any
information indicating the individual status.

Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the
information that you provided, the above is the current status of the individual as to all branches of the Uniformed
Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard).

________________________________

Mary M. Snavely-Dixon, Director

Department of Defense - Manpower Data Center



1600 Wilson Blvd., Suite 400

Arlington, VA 22209-2593

The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense
Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for
military medical care and other eligibility systems.

The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as
amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of
thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and
has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or
representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the
SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service
via the "defenselink.mil" URL http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person is on
active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked
against you. See 50 USC App. §521(c).

If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can
submit your request again at this Web site and we will provide a new certificate for that query.

This response reflects active duty status including date the individual was last on active duty, if it was within the
preceding 367 days. For historical information, please contact the Service SCRA points-of-contact.

More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more
than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service
authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC §
502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All
Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they
support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a
Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National
Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days.

https://www.dmdc.osd.mil/appj/scra/popreport.do

10/19/2011

Request for Military Status

Page 2 of 2

Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes
of the SCRA who would not be reported as on Active Duty under this certificate.

Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons
seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based
have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend
to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active
duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections
of SCRA extend beyond the last dates of active duty.

Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to
Service members under the SCRA are protected.

WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous
name or SSN will cause an erroneous certificate to be provided.
Report ID:71ADMRK3LJ

https://www.dmdc.osd.mil/appj/scra/popreport.do

10/19/2011

10-07482-MCF

CERTIFICATE OF MAILING

The undersigned hereby certifies that a true copy of the foregoing document was
mailed by first class mail to the parties listed below:
JOSE R. CARRION
PO BOX 9023884, OLD SAN JUAN STATION
SAN JUAN, PR 00902

ROBERTO FIGUEROA CARRASQUILL*
PO BOX 193677
SAN JUAN, PR 00919-3677

UNEMPLOYMENT INSURANCE
PUERTO RICO DEPT OF LABOR
12 FLOOR 505 MUNOZ RIVERA AVE.

AMERICAN INFOSOURCE/T MOBILE USA INC
PO BOX 248848
OKLAHOMA CITY, OK 73124-8848

BANCO POPULAR DE PR
C/O PARRA DEL VALLE LIMERES
PO BOX 331429
PONCE, PR 00733-1429
CLARO
PO BOX 70366
SAN JUAN, PR 00936-8366

FIRST BANK PUERT RICO
PRESTAMOS DE AUTO
PO BOX 9146
SANTURCE, PR 00908-0146
HIMA
DPTO DE COBROS
PO BOX 4980
CAGUAS, PR 00726-4980
PREPA
C/O MARIA T GORBEA
PO BOX 364267
SAN JUAN, PR 00936-4267
SAMS
PO BOX 105980 DEPT 77
Atlanta, GA 30353-5980

DATED:

October 19, 2011

MARIA DE LOS ANGELES GONZALEZ, ESQ.
US POST OFFICE & COURTHOUSE
300 RECINTO SUR ST., SUITE 109
OLD SAN JUAN, PR 00901
DEPARTMENT OF TREASURY
PO BOX 9024140
SAN JUAN, PR 00902

NEYSHA MARYD FONSECA MARCANO
CAMPAMENTO
34 CALLE A
GURABO, PR 00778
AUTORIDAD DE ACUEDUCTOS ALC
PO BOX 7066
SAN JUAN, PR 00916-7066

BANCO POPULAR DE PUERTO RICO
MORTGAGE SERVICE DEPT 762
PO BOX 362708
SAN JUAN, PR 00936-2708
DISH NETWORK
PO BOX 105169
ATLANTA, GA 30348-5169

FIRSTBANK
PO BOX 19327
FERNANDEZ JUNCOS STATION
SANTURCE, PR 00910
LIBERTY CABLEVISION-PR
PO BOX 8759
CAGUAS, PR 00726-8759

RECOVERY MANAGEMENT SYSTEMS CORP
C/O RAMESH SINGH
25S SE 2ND AVE SUITE 1120
MIAMI, FL 33131-1605

OLGA SOSA
OFFICE OF THE CHAPTER 13 TRUSTEE