You're viewing Docket Item 35 from the case BARBARA LYNN DAWSON. View the full docket and case details.

Download this document:




UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF TENNESSEE

mk

Case No. 10-12952-GP3-13

DEBTOR

BARBARA LYNN DAWSON

SSN XXX-XX- 1784

ORDER CONFIRMING CHAPTER 13 PLAN, GRANTING CERTAIN MOTIONS

AND NOTICE OF OPPORTUNITY TO OBJECT

CONFIRMED WITH CHANGES

The Court determines that it is in the best interest of creditors and the estate to hold a
hearing on confirmation earlier than 20 days after the meeting of creditors and that no party
has objected to the hearing being held on such earlier date.
A copy of the debtor's plan has been transmitted to scheduled creditors and it has been
determined after notice and an opportunity for hearing that the plan meets the confirmation
requirements of 11 U.S.C. §1325; therefore, It is ORDERED that:

1. The debtor's plan is confirmed as provided below.

2. The debtor is enjoined from incurring any debts except such debts as may be necessary

for emergency medical or hospital care pursuant to 11 U.S.C. §1305. Debtors are
enjoined from reducing the amounts withheld for taxes on a W-4 submitted to an employer
without trustee consent.

3. Debtor(s) shall pay:

$448.25 BI-WEEKLY from AGLA
$1,982.00 MONTHLY from BARBARA LYNN DAWSON

Debtor(s) shall pay to the trustee a minimum base of at least N/A, to complete payments
under the plan. Any funds from the base, after satisfaction of allowed secured and
priority claims pursuant to this order shall be used to increase the distribution to
allowed unsecured claims.
4. From funds received, the Trustee shall disburse as follows:

a. To the Court Clerk the sum of $235.00 and $39.00 for filing and noticing fees.

b. To the Trustee, compensation and expenses pursuant to 28 U.S.C. §586(e) and 11 U.S.C.

c. To the debtor's attorney, JAMES A HEWITT, the sum of $3,200.00 to be paid at 12.50% of

disbursements.
Total fee awarded to attorney is $3,500.00 .

c.
d. To creditors holding allowed claims as follows:



i. To claimholders entitled to priority under 11 U.S.C. §507, payment in full as

follows: NONE

ii. To claimholders holding allowed secured claims, the amount of such secured claim

indicated below not to exceed the present value of each claimholder's security
determined by this order pursuant to U.S.C. §506:
Interest

Creditor Name/Collateral
Case 3:10-bk-12952 Doc 35 Filed 03/17/11 Entered 03/17/11 10:24:53 Desc Main

Value

Document Page 1 of 5

Month

Dated: 03/17/11 1

1

1

1

1

Creditor Name/Collateral
ALLY FINANCIAL

06 CHEVY SILVERADO

AMERICAN HONDA FINANCE

08 4 WHEELER

FREEDOM ROAD FINANCIAL

07 HARLEY DAVIDSON

HEIGHTS FINANCE

01 FORD EXPLORER

REPUBLIC FINANCE BANKRUPTCY CENTER

HHGS

Interest

3.25%

3.25%

3.25%

5.00%

3.25%

Value
$9,852.75

$3,998.00

$13,035.00

$1,244.19

$1,399.00

Month
$195.00

$74.00

$246.00

$65.00

$25.50

The secured claimholders listed above shall retain liens pursuant to 11 U.S.C. §1325 (a)(5)
(b), until discharge at which time liens shall be released.

iii. To creditors holding claims secured by a purchase money security interest in a
motor vehicle incurred within 910 days preceding the petition or secured by a
purchase money security interest in any other thing of value incurred in the 1
year period preceding the filing as follows:

Creditor/Collateral

Interest

--------------- NONE ---------------

Month

Principal Amt

To Be Pd

The secured claimholders listed above shall retain liens pursuant to 11 U.S.C. §1325 (a)(5)
(b), until discharge at which time liens shall be released.
These creditors have either accepted the plan (as designated by an *) or the above claims
are not subject to the provisions of §506.

iv. To the holders of "long term" debts provided for under U.S.C. §1322(b)(5).

Creditor

~

+

BAC HOME LOAN CERVICES
1ST MTG CONT/ 7325 DEER RIDGE
ROAD

Post Conf.

Payment
$1,696.52

Last date included in

the arrearage claim

3/11

Creditor

BAC HOME LOAN CERVICES

1ST MTG / 7325 DEER RIDGE RD

Amount of
Arrearage
$5,090.16(e)

Int. on
Arrears
0.00%

Monthly Pym.
on Arrears

CLASS II

Arrearages noted above include prepetition arrearages per the proof of claim and post
petition, preconfirmation installments.

Case 3:10-bk-12952 Doc 35 Filed 03/17/11 Entered 03/17/11 10:24:53 Desc Main

Document Page 2 of 5

Pursuant to 28 U.S.C. §586, The United States Trustee has precluded the Trustee from
assessing any percentage fee on the maintenance payments of "long term" debts in
which arrearage exists that is cured pursuant to 11 U.S.C. §1322(b)(5). Such fee is
assessed on disbursements to cure the arrearage.

The Trustee may adjust the postpetition regular payments noted above and payments to
the plan in paragraph 3 upon filing notice of such adjustment to debtor, debtor's
attorney, creditor, and the U.S. Trustee where, and to the extent the underlying
contract provides for modification.

v. To unsecured claimholders, in classes and paid in classes, sequentially as shown

--------------- NONE ---------------

Except as provided immediately above, allowed nonpriority unsecured claimholders will
be paid a dividend of at least 100.00%. The "unsecured pool" shall be not less than
N/A.



5. Other provisions of the plan, including payments to be made directly by debtor,

collateral to be surrendered and other conditions:
ALGA SVCS CO INC (SECURED CREDITOR) Paid direct by debtor. (401K LOAN)

If there is a surrender of property securing a claim, the automatic stay of 11 U.S.C.
§362(a) is terminated to permit recovery and disposition of the surrendered property.

6. The plan rejects all executory contracts, except such executory contracts as follows:

--------------- NONE ---------------

7. The plan is expected to last approximately 60 months. The plan will complete only when

the plan has satisfied all secured, and priority claims and the "unsecured pool" has
been distributed to unsecured creditors.

8. Creditors not advising the Trustee of address changes may be deemed to have abandoned

claims.

9. All property shall remain property of the estate and shall vest in the debtor only upon

dismissal, discharge or conversion. The debtor shall be responsible for the
preservation and protection of all property of the estate not transferred to the
Trustee.

10. Post-petition claims, allowed pursuant to 11 U.S.C. §1305, shall be paid in full but

subordinated to the payment of unsecured claims as provided in Paragraph 4 above.

11. The Debtors motion to declare that all information required under §521(a)(1)(B) has

been granted and the case has not been dismissed pursuant to §521(i).

12. Provisions Relating to Claims Secured by Real Property Treated Pursuant to §1322(b)(5):

(a) Confirmation of this Plan shall impose upon any claimholder treated under paragraph
4(d)(iv) of the Confirmation Order and, holding as collateral, the debtor's residence,
the obligation to:

i. Apply the payments received from the Trustee on pre-confirmation arrearages

only to such arrearages. For purposes of this Plan, the "pre-confirmation" arrears
shall include all sums included in the allowed proof of claim plus any post-petition
pre-confirmation payments due under the underlying mortgage obligation not specified in
the allowed proof of claim. Monthly ongoing mortgage payments shall be paid by the
trustee commencing with the later of the month of confirmation or the month in which a
proof of claim itemizing the arrears is filed by such claimholder.
Case 3:10-bk-12952 Doc 35 Filed 03/17/11 Entered 03/17/11 10:24:53 Desc Main

Document Page 3 of 5

ii. Treat the mortgage obligation as current at confirmation such that future

payments, if made pursuant to the plan, shall not be subject to late fees, penalties or
other charges.

iii. Not less than 60 days prior to the effective date of any change in monthly

mortgage payments, notify the Trustee, the Debtor and the attorney for the Debtor in
writing of any changes in the interest rate for any non-fixed rate or any adjustable
rate mortgages and the effective date of any such adjustment or adjustments or any
change in the property taxes and/or the property insurance premiums that would either
increase or reduce the escrow portion, if any, of the monthly mortgage payments and the
effective date of any such adjustment or adjustments.

iv. Notify the Trustee, the Debtor and attorney for the Debtor, in writing, of
any protective advances or other charges incurred by the claimholder, pursuant to the
mortgage agreement, within 60 days of making such protective advance or other charges.

(b) If the Trustee has maintained payments to the mortgage creditor in accordance with
paragraph 4(d)(iv) of the Confirmation Order, then no later than 60 days prior to the
anticipated last payment under the Plan, the Trustee shall file an application with the
Court requesting the Court find that the Trustee has complied with the Plan as to
maintaining the mortgage payments and curing the pre-petition default. If the mortgage
claimholder asserts that the mortgage obligation is not contractually current at the
time of the Trustee's application, then the claimholder shall, within 20 days of
receipt of the Trustee's application, file a Statement of Outstanding Obligations,
clearly itemizing all outstanding obligations it contends that have not been satisfied
as of the date of the statement with service upon the Trustee, the Debtor and the
Debtor's attorney. No liability shall result from any nonwillful failure of the Trustee
to file the application authorized herein.

(c) Should the claimholder fail to file and service a Statement of Outstanding
Obligations within the required time, upon Discharge, the holder shall treat the
mortgage as fully reinstated according to its original terms and fully current as of
the date of the Trustee's notice. If the holder does serve a Statement of Outstanding
Obligations within the required time, the Trustee or the Debtor may, within 30 days of
the service of the statement, challenge the accuracy thereof by motion, filed with the
court, to be served upon the holder, the Trustee and the Debtor, or may propose a
modified plan to provide for payment of additional amounts the Debtor acknowledges or
the Court determines are due. To the extent that amounts set forth on a timely filed
Statement of Outstanding Obligations are not determined by the Court to be invalid or
are not paid by the Debtor through a modified plan, the right of the holder to collect
these amounts will be unaffected.

NOTICE OF OPPORTUNITY TO OBJECT

PURSUANT TO 11 U.S.C. §1323 AND 1324 AND FED. R. BANKR. P.9021, 2002 AND 3015, AS TO ANY
PRECONFIRMATION MODIFICATIONS OF THE PLAN THIS ORDER SHALL NOT BECOME FINAL FOR 25 DAYS. ANY
PARTY IN INTERST SEEKING TO BE RELIEVED FROM ITS PROVISIONS PURSUANT TO RULE 9023 FED. R.
BANKR. MUST FILE A MOTION WITHIN THAT 25 DAY PERIOD. FAILURE TO FILE SUCH MOTION SHALL BE
DEEMED A WAIVER OF ALL OBJECTIONS TO ANY CHANGES OR MODIFICATIONS TO TREATMENT OF CLAIMS MADE
AT CONFIRMATION AND AN ACCEPTANCE OF THE PROVISIONS OF THIS CONFIRMED PLAN. THE TRUSTEE MAY
DISBURSE FUNDS PURSUANT TO THIS CONFIRMATION ORDER UPON ENTRY.
Approved:

Case 3:10-bk-12952 Doc 35 Filed 03/17/11 Entered 03/17/11 10:24:53 Desc Main

Document Page 4 of 5

/s/JAMES A HEWITT
ATTY FOR THE DEBTOR
LAW OFFICE OF JAMES HEWITT
475 METROPLEX DR STE 207
NASHVILLE, TN 37211
615-331-7739
[email protected]
341 Date: January 18, 2011
Case no: 10-12952-GP3-13
Printed: 03/16/2011

2:59 pm

Case 3:10-bk-12952 Doc 35 Filed 03/17/11 Entered 03/17/11 10:24:53 Desc Main

Document Page 5 of 5

This Order has Been electronically signed. The Judge's signature and Court's seal appear at the top of the first page. United States Bankruptcy Court.