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Trustee Objection

The Chapter 13 Trustee objects to confirming the debtor's repayment plan and moves to dismiss the bankruptcy case. The Trustee argues that: (1) the debtor is not making payments as proposed; (2) the plan does not provide for a secured claim; (3) the proposed payments are too low; (4) the payments are not feasible given the debtor's income; (5) the debtor may not be eligible due to high unsecured debt; (6) the Trustee lacks the debtor's business financial records; and (7) the debtor failed to provide tax returns and an appraisal as required. The Trustee requests the court deny confirmation and dismiss the case.

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14K views2 pages

Trustee Objection

The Chapter 13 Trustee objects to confirming the debtor's repayment plan and moves to dismiss the bankruptcy case. The Trustee argues that: (1) the debtor is not making payments as proposed; (2) the plan does not provide for a secured claim; (3) the proposed payments are too low; (4) the payments are not feasible given the debtor's income; (5) the debtor may not be eligible due to high unsecured debt; (6) the Trustee lacks the debtor's business financial records; and (7) the debtor failed to provide tax returns and an appraisal as required. The Trustee requests the court deny confirmation and dismiss the case.

Uploaded by

Anthony Warren
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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IN THE UNITED STATES BANKRUPTCY COURT

FOR THE NORTHERN DISTRICT OF ALABAMA


SOUTHERN DIVISION

In Re: )
) Case No.: 23-02104-DSC13
RUDOLPH MILTON WARNOCK, JR., )
SSS: ###-##-0813 )
)
)
Debtor. )
)

TRUSTEE’S OBJECTION TO CONFIRMATION AND MOTION TO DISMISS

COMES NOW Bradford W. Caraway, Chapter 13 Standing Trustee, and objects to the

confirmation of Debtor’s plan and moves to dismiss this case based upon the following grounds:

1. The Debtor is not paying as proposed in the plan.

2. The plan does not provide for payment of secured Claim #1 filed by Renasant for

$232,223.01.

3. The plan payments proposed by the Debtor are insufficient to fund the plan. The Trustee

recommends payments of $4,851.00 monthly for a pot of $35,800.00 to pay the proposed plan within 5

years .

4. However, the recommended payments are not feasible as required by 11 U.S.C. §

1325(a)(6) because they exceed the projected disposable income listed in the Debtor’s schedules.

5. The Debtor may not be eligible to file a Chapter 13 case due to unsecured debt being over

the amount allowed under bankruptcy code. The Debtor’s total unsecured debt is $506,729.00.

6. The Trustee has not received a detail statement of Debtor’s business income and

expenses.

7. Pursuant to 11 U.S.C. § 521(e)(2)(A)(i) and Fed. R. Bankr. P. 4002(b)(3), the Debtor has

not provided the Trustee with a copy of her 2022 Federal income tax return or a transcript of said tax

return.

8. The Debtors have not provided all of the compliance documents required by
KM

Case 23-02104-DSC13 Doc 15 Filed 09/27/23 Entered 09/27/23 07:39:09 Desc


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Administrative Order 17-02, namely, an appraisal for the Debtors’ real estate.

WHEREFORE, the Trustee objects to the confirmation of the Debtor’s plan and moves to dismiss

this case. The Trustee prays for such other relief as the Court deems appropriate.

/s/ Bradford W. Caraway


Bradford W. Caraway
Chapter 13 Standing Trustee
Post Office Box 10848
Birmingham, Alabama 35202
(205) 323-4631

CERTIFICATE OF SERVICE

I hereby certify that a correct copy of the forgoing Objection has been forwarded by email or U.S.
Mail to the following on this the 26th day of September 2023:

Elizabeth I. Johnson, LLC

RUDOLPH MILTON WARNOCK, JR.


1200 LEGACY DRIVE
BIRMINGHAM, AL 35242

/s/ Bradford W. Caraway


Trustee

KM

Case 23-02104-DSC13 Doc 15 Filed 09/27/23 Entered 09/27/23 07:39:09 Desc


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