Case Details

CourtWestern District of Texas - Bankruptcy
Docket number13-51020
Date case filed2013-04-19
Date case closed2013-07-26
Date of latest filing
Assigned toJudge Craig A. Gargotta
Case cause
Nature of suit
Jury demand
Demand
Jurisdiction

Case Parties

Party: Brenda Kay Maloy
Party type: Debtor
Attorney name: J. Todd Malaise
Attorney Contact:
909 NE Loop 410, Suite 300
San Antonio, TX 78209
(210) 732-6699
Fax : (210) 732-5826
Email:
Party: Jose C Rodriguez
Party type: Trustee
342 W Woodlawn, Suite 103
San Antonio, TX 78212
(210) 738-8881

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12013-04-19 Voluntary Petition under Chapter 7 With Schedules, With Statements, (Filing Fee: $ 306) filed by Brenda Kay Maloy. -Declaration for Electronic Filing due by 04/26/2013 (Malaise, J.)
22013-04-19 Certificate of Budget and Credit Counseling-First Debtor filed by Brenda Kay Maloy. (Malaise, J.)
32013-04-19 Meeting of Creditors & Notice of Appointment of Interim Trustee Jose C Rodriguez, added to the case. with 341(a) meeting to be held on 05/23/2013 at 10:00 AM at San Antonio Room 333. Objections for Discharge due by 07/22/2013. (Malaise, J.)
42013-04-19 Statement of Special Circumstances Under 707(b)(2)(B) filed by J. Todd Malaise for Debtor Brenda Kay Maloy. (Malaise, J.) Modified on 4/22/2013 (Paez, Daniel).
52013-04-24 Request for Notice by BMW FINANCIAL SERVICES NA, LLC. (Kane, Steven)
62013-04-24 BNC Certificate of Mailing (Related Document(s): 3 Meeting of Creditors & Notice of Appointment of Interim Trustee Jose C Rodriguez, added to the case. with 341(a) meeting to be held on 05/23/2013 at 10:00 AM at San Antonio Room 333. Objections for Discharge due by 07/22/2013. (Malaise, J.)) Notice Date 04/24/2013. (Admin.) (Entered: 04/25/2013)
72013-06-03 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(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). (Ratchford5, Nancy)
82013-06-03 Financial Management Course Certificate - First Debtor Only filed by J. Todd Malaise for Debtor Brenda Kay Maloy. (Malaise, J.)
92013-06-06 BNC Certificate of Mailing (Related Document(s): 7 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(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).) Notice Date 06/06/2013. (Admin.) (Entered: 06/07/2013)
102013-07-01 The United States Trustee previously filed a statement pursuant to Section 11 U.S.C. 704(b)(1)(A) indicating that this case is presumed to be an abuse of the provisions of chapter 7 of Title 11 of the United States Code. Notice is hereby provided that the United States Trustee, based on currently available information, does not consider a motion under Section 11 U.S.C. 707(b) to be appropriate for the following reasons: Income received in the six month period used to calculate the debtors current monthly income includes income which the debtor will not likely receive in the future due to change in employment. Based on the documents voluntarily provided by the debtor, the Statement of Special Circumstances filed on April 19, 2013, and her testimony, the debtor has experienced and will likely continue to experience income loss not reflected on her Official Form B22A for which there is no reasonable alternative. After adjusting for the loss of income, the debtors monthly income falls below the applicable median family income. (Rose, James)
112013-07-01 Certificate of Service filed by James W Rose Jrfor U.S. Trustee United States Trustee - SA12. (Rose, James) (Related Document(s): 10 The United States Trustee previously filed a statement pursuant to Section 11 U.S.C. 704(b)(1)(A) indicating that this case is presumed to be an abuse of the provisions of chapter 7 of Title 11 of the United States Code. Notice is hereby provided that the United States Trustee, based on currently available information, does not consider a motion under Section 11 U.S.C. 707(b) to be appropriate for the following reasons: Income received in the six month period used to calculate the debtors current monthly income includes income which the debtor will not likely receive in the future due to change in employment. Based on the documents voluntarily provided by the debtor, the Statement of Special Circumstances filed on April 19, 2013, and her testimony, the debtor has experienced and will likely continue to experience income loss not reflected on her Official Form B22A for which there is no reasonable alternative. After adjusting for the loss of income, the debtors monthly income falls below the applicable median family income.)
122013-07-01 Reaffirmation Agreement with Conn appliances, Inc. as attorney-in-fact and servicer-in-fact for conn credit i, lp and/or conn's receivables funding I, lp signed by Debtor's Attorney - It Is UNKNOWN If An Undue Hardship Is Imposed On Debtor or Debtors (Harmon, Regina)
132013-07-02 Reaffirmation Agreement with BMW Bank of North America, Inc signed by Debtor's Attorney - Part C or IV, Certification Indicates That The Agreement DOES NOT Impose An Undue Hardship On Debtor Or Debtors (Garza, Marian)
142013-07-25 Order Discharging Debtor(s) (Admin.)
152013-07-26 Bankruptcy Case Closed (Admin.)
162013-07-27 BNC Certificate of Mailing (Related Document(s): 14 Order Discharging Debtor(s) (Admin.)) Notice Date 07/27/2013. (Admin.)