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					           Case 08-10706          Document 34 Filed in TXSB on 08/06/09                   Page 1 of 4




                                 UNITED STATES         BANKRUPTCY        COURT
                                         SOUTHERN    DISTRICT     OF TEXAS



In re:                                                            Case No. 08-10706
         MARTIN SARKIS
         GLORIA SARKIS
                       Debtors



              CHAPTER        13 STANDING      TRUSTEE'S       FINAL REPORT       AND ACCOUNT

         Cindy Boudloche, chapter 13 trustee, submits the following Final Report and Account of
the administration   of the estate pursuant to II U.S.c. § 1302(b)(I). The trustee declares as
follows:

         I) The case was filed on 12/19/2008.


         2) The plan was confirmed on .


         3) The plan was modified by order after confirmation     pursuant to 11 U.S.c. § 1329 on
NA.


         4) The trustee filed action to remedy default by the debtor in performance   under the plan
on NA.

         5) The case was dismissed on 05/04/2009.

         6) Number of months from filing to last payment: 1.

         7) Number of months case was pending. S,


         8) Total value of assets abandoned by court order: NA.

         9) Total value of assets exempted: $       168,221.00.


         10) Amount of unsecured claims discharged without payment: $0.00.

         II) All checks distributed by the trustee relating to this case have cleared the bank.




UST Form 101-13-FR-S        (4/1/2009)
                   Case 08-10706 Document 25 Filed in TXSB on 04/09/09                           Page 1 of 3


                                       UNITED STATES BANKRUPTCY COURT
                                          SOUTHERN DISTRICT OF TEXAS
                                             BROW SVILLE DIVISION


INRE:                                                                                  CHAPTER 13 PROCEEDING:
MARTIN & GLORIA SARKIS                                                                 08-10706-B-13
DEBTORS


                                           TRUSTEE'S MOTION TO DISMISS

THIS MOTION SEEKS AN ORDER THAT MAY ADVERSELY AFFECT YOU. IF YOU OPPOSE THE MOTION, YOU SHOULD
IMMEDIATELY CONTACT THE MOVING PARTY TO RESOLVE THE DISPUTE. IF YOU AND THE MOVING PARTY CANNOT
AGREE, YOU MUST FILE A RESPONSE AND SEND A COpy TO THE MOVING PARTY. YOU MUST FILE AND SERVE YOUR
RESPONSE WITHIN 20 DAYS OF THE DATE THIS WAS SERVED ON YOU. YOUR RESPONSE MUST STATE WHY THE
MOTION SHOULD NOT BE GRANTED. IF YOU DO NOT FILE A TIMELY RESPONSE, THE RELIEF MAYBE      GRANTED
WITHOUT FURTHER NOTICE TO YOU. IF YOU OPPOSE THE MOTION AND HAVE NOT REACHED AN AGREEMENT, YOU
MUST ATTEND THE HEARING. UNLESS THE PARTIES AGREE OTHERWISE, THE COURT MAY CONSIDER EVIDENCE AT
THE HEARING A 0 MA Y DECIDE THE MOTION AT THE HEARING.

REPRESENTEDPARTIES SHOULD ACT THROUGH THEIR ATTORNEY.

IF A PARTY REQUESTS AND EMERGENCY CONSIDERATION, THE COURT MAY ACT EXPEDITIOUSLY ON THIS MATTER.
IF THE COURT ALLOWS A SHORTER RESPONSE TIME THAN TWENTY DAYS, YOU MUST RESPOND WITHIN THAT TIME.
IF THE COURT SETS AN EMERGENCY HEARING BEFORE THE REPONSE TIME WILL EXPIRE, ONLY ATTENDANCE AT
THE HEARl G IS NECESSARY TO PRESERVE YOUR RIGHTS. IF A  EMERGENCY HEARING IS    OT SET, YOU MUST
RESPONDBEFORETHE RESPO SETIME EXPIRES.


IF A RESPO SE IS FILED BY DEBTOR OR ANY PARTIES I     INTEREST, A HEARl G WILL BE SET ON THIS MOTION FOR
9:00 am ON Thu, May 14, 2009. BEFORE THE U.S. BANKRUPTCY JUDGE AT THE U ITED STATES BANKRUPTCY COURT
LOCATED AT
US Federal Building & Courthouse, 600 E. Harrison, 3rd Floor, Brownsville, TX 78520
THIS CASE WILL BE DISMISSED TWE TY (20) DAYS AFTER THIS MOTIO IS FILED - WITHOUT OTICE AND HEARING -
 ~       PRIOR TO THE ENTRY OF THE DISMISSAL ORDER, THE DEBTOR FILED A RESPO SE TO THIS MOTION WITH
THE U.S BANKRUPTCY CLERK'S OFFICE LOCATED AT:
US Federal Building & Courthouse, 600 E. Harrison, 3rd Floor, Brownsville, TX 78520

        A.   REQUESTING A HEARING

        B.   STATING THE SPECIFIC REASON WHERIN THE TRUSTEE IS IN ERROR;

        C.   (I)    CERTIFYING THAT THE DEBTORS have BROUGHT ALL PAYME TS CURRENT PRIOR TO FILING
                    THE RESPONSE;       OR

             (2)    CERTIFYING THAT THE DEBTORS haveFILED A MOTION TO MODIFY THE PLAN PRIOR
                    TO (OR CONTEMPORA EOUS WITH) THE FILING OF THE RESPONSE.



         COMES NOW Cindy Boudloche,             Trustee,   and moves the Court for an Order dismissing          the Debtors'
case as follows:

1.      Debtors have caused unreasonable        delay that is prejudicial   to creditors   (11 U.S.c.   See 1307 (c)(I))   and
        specifically, Debtors have failed to:




#261
              Case 08-10706           Document 25          Filed in TXSB on 04/09/09               Page 2 of 3


        a)     Timely file necessary amendments to his/her Chapter 13 Plan and/or schedules;
        b)     Propose a feasible plan;
        c)     File and/or provide a copy to the Trustee of federal income tax returns or affidavit stating that
               they are not required to file tax returns;
        d)     Provide the Trustee with a business budget, monthly operating reports and/or Sworn Testimony
               relative to the operation of the Debtor's business;
        e)     Provide the Trustee with debtor(s) pre-confirmation certification regarding domestic support
               obligations and the filing of tax returns;


         WHEREFORE, the Trustee prays the Court to DISMISS this case, and further order that all funds paid to
the Trustee on behalf of the Debtors hererin be paid to creditors in accordance with the Debtors' Chapter 13 Plan
or schedules per the Trustee's normal disbursement procedures.



Dated: Thu, Apr 9, 2009                                                 Respectfully Submitted:



                                                                        /s/ Cindy Boudloche
                                                                        CINDY BOUDLOCHE, Trustee
                                                                        555 N. Carancahua Ste 600
                                                                        Corpus Christi, TX 78478
                                                                        (361) 883-5786
                                                                        (361) 888-4126
             Case 08-10706       Document 25 Filed in TXSB on 04/09/09               Page 3 of 3


                                         CERTIFICA TE OF SERVICE


I certify that on or about Thu, Apr 9, 2009, a copy of the foregoing Motion to Dismiss was delivered to BNC to
be served electronically on or by United States mail to Debtors, Debtors' Counsel and all parties on the Court's
mailing matrix.


                                                              Isl Cindy Boudloche
                                                              Cindy Boudloche, Trustee
             Case 08-10706 Document 34 Filed in TXSB on 08/06/09                                             Page 2 of 4




 Receipts:


             Total paid by or on behalf of the debtor                          $10,800.00
             Less amount refunded to debtor                                          $0.00


 NET RECEIPTS:                                                                                                             $10,800.00



Expenses of Administration:

           Attorney's      Fees Paid Through the Plan                                           $0.00
             Court Costs                                                                        $0.00
           Trustee Expenses & Compensation                                                   $723.60
      Other                                                                                    $0.00
TOTAL EXPENSES               OF ADMINISTRATION:                                                                                   $723.60

Attorney fees paid and disclosed by debtor:                                  $700.00



Scheduled       Creditors:

Creditor                                                  Claim             Claim              Claim           Principal               Int.
iName                                        Class      Scheduled          Asserted           Allowed            Paid                 Paid
ANDERSON FINANCIAL NETWORK              Unsecured             673.00                   NA              NA                  0.00               0.00
ARMRON PROF SER                         Unsecured               29.00                NA                NA                  0.00               0.00
ASSET ACCEPTA CE CORP                   Unsecured          23,460.00          24,326.97         24,326.97                  0.00               0.00
ASSET ACCEPTANCE CORP                   Unsecured            2,685.00          2.702.65          2.702.65                  0.00               0.00
ASSET ACCEPTANCE      CORP              Unsecured            2.185.00          2,199.20          2,199.20                  0.00               0.00
ASSET ACCEPTANCE      CORP              Unsecured            1.852.00          1,871.58          1.871.58                  0.00               0.00
ASSET ACCEPTANCE      CORP              Unsecured              643.00            648.72            648.72                  000                0.00
ASSET ACCEPTA CE CORP                   Unsecured             289.00             292.09            292.09                  0.00               0.00
BAY AREA CREDIT SERVICE LLC             Unsecured             466.00                  A                 A                  0.00               0.00
BROWNSVILLE OPE MRI                     Unsecured             565.00             565.00            565.00                  0.00               0.00
CAMERON COUNTY TAX                      Secured                    NA          5,629.05          5,629.05                  0.00               0.00
CAMERON COUNTY TAX                      Secured                    NA            852.39            852.39                  0.00               0.00
CAMERON COUNTY TAX                      Secured              9,900.00                NA                NA                  0.00               0.00
CA VALR Y PORTFOLIO SERVICES LLC        Unsecured               0.00          28.662.43         28.662.43                  0.00               0.00
CMRE FI A CIAL SERVICE lNC              Unsecured             375.00                  NA               NA                  0.00               0.00
COLLECTRITE     lNC                     Unsecured              48.00                  NA               NA                  0.00               0.00
COMPASS BANK                            Unsecured           19,307.00         14.600.85          14.600.85                 0.00               0.00
DRIVE FINANCIAL                         Unsecured            5,191.00                NA                NA                  0.00               0.00
ECAST SETTLEMENT CORPORATION            Unsecured                   0.00       1.645.23           1.645.23                 0.00               0.00
ECAST SETTLEME T CORPORATION            Unsecured                   0.00       3,782.23          3.782.23                  0.00               0.00
ECAST SETTLEMENT CORPORATION            Unsecured                   0.00       4,294.06          4,294.06                  0.00               0.00
ECAST SETTLEMENT CORPORATION            Unsecured                  NA          5.389.23          5.389.23                  0.00               0.00
FDS BANK BLOOMING DALES                 Unsecured                 NA             949.90            949.90                  0.00               0.00
FDS BANK MACYS                          Unsecured                 NA             705.4 7           705.47                  000                0.00
FIRST ATIONAL BA K                      Unsecured            5,011.00          5.687.46          5.687.46                  0.00               0.00
FIRST ATIO ALBA   K                     Unsecured                   A            332.95            332.95                  0.00               0.00
FIRST NATIONAL BANK                     Unsecured                   A            104.87            104.87                  000                0.00
GMAC                                    Secured             15,173.00               NA                NA               0.00                   0.00
GMAC LLC                                Unsecured               0.00          16.898.38         16.898.38              0.00                   000
I TERNATIO     AL BA K OF COMMER        Secured           157,654.75         161.885.87        109,150.00         10,076.40                   0.00
INTERNATIONAL     BANK OF COMMER        Secured                     NA                0.00       1,850.00                  0.00               0.00




UST Form 101-13-FR-S           (4/1/2009)
              Case 08-10706               Document 34 Filed in TXSB on 08/06/09                             Page 3 of 4




 Scheduled Creditors:

 Creditor                                                    Claim           Claim           Claim            Principal          Int.
 Name                                              Class   Scheduled        Asserted        Allowed             Paid             Paid
 INTERNATIONAL BANK OF COMMER                Secured          48,000.00        43,424.14      43,612.2 I                  0.00          0.00
 INTERNATIO  AL BANK OF COMMER               Secured                   NA           0.00          739.19                  0.00          0.00
 INTER      ATIONAL BA K OF COMMER           Secured           14,500.00       12,975.28       12,975.28                  0.00          0.00
 INTER      ATIONAL BA K OF COMMER           Secured            2.600.00        5,228.07        5,228.07                  0.00          0.00
 IRS SPECIAL PROCEDURES       BRANCH         Priority                   A      15,402.88       15,402.88                  0.00          0.00
 IRS SPECIAL PROCEDURES       BRANCH         Unsecured                 NA       2,953.52        2,953.52                  0.00          0.00
 JEFFERSON CAPITAL SYSTEMS LLC               Unsecured                 NA          559.09          559.09                 0.00          0.00
 JEFFERSON CAPITAL SYSTEMS LLC               Unsecured              0.00       I 1,331.25      I 1,331.25                 0.00          0.00
 LACKS VALLEY STORES                         Secured                 NA           960.00         960.00                   0.00          0.00
 LACKS VALLEY STORES                         Secured            3,472.00        2.527.68       2,527.68                   0.00          0.00
 MERCEDES BENZ CREDIT CORPORA                Unsecured              0.00       28,768.27      28,768.27                   0.00          0.00
 MERCEDES BE Z CREDIT CORPORA                Unsecured              0.00       42,898.19      42,898.19                   0.00          0.00
 NCO FINANCIAL SYSTEMS INC                   Unsecured            725.00              NA             NA                   0.00          0.00
 OLIPHANT FINANCIAL CORP                     Unsecured               NA         1,429.84        1,429.84                  0.00          0.00
 PALISADES COLLECTIO                         Unsecured          5,570.00             NA              NA                   0.00          0.00
 PIN ACLE                                    Unsecured         11,149.00             NA             NA                    0.00          0.00
 PRA RECEIVABLES     MA   AGEMENT L          Unsecured                 A        5,220.8 I      5,220.81                   0.00          0.00
 RES URGE     T CAPITAL SERVICES             Unsecured            713.00          839.17          839.17                  0.00          0.00
 RES URGE     T CAPIT AL SERVICES            Unsecured              0.00        1,206.0 I       1,206.01                  0.00          0.00
 RIO TAX LOANS                               Secured          48,464.37              NA              NA                   0.00          0.00
 RIO TAX LOANS                               Secured           4,489.95              NA              NA                   0.00          0.00
 RJM ACQUISITIONS     FUNDING   LLC          Unsecured               NA           131.18          131.18                  0.00          0.00
 ROLANDO GO ZALEZ                            Secured          79,000.00              NA              NA                   0.00          0.00
 ROU DUP FUNDI G LLC                         Unsecured                  A       1,438.41        1,438.4 I                 0.00          0.00
 ROUNDUP FUNDING LLC                         Unsecured                  A         362.33          362.33                  0.00          0.00
 ROUNDUP FUNDING LLC                         Unsecured          9,677.00        9.830.82       9,830.82                   0.00          0.00
 ROUNDUP FUNDING LLC                         Unsecured               0.00         332.16         332.16                   0.00          0.00
 ROUNDUP FUNDING LLC                         Unsecured                 NA         407.32         407.32                   0.00          0.00
 ROUNDUP FUNDING LLC                         Unsecured              0.00          472.65         472.65                   0.00          0.00
 ROU DUP FUNDI G LLC                         Unsecured              0.00          391.68         391.68                   0.00          0.00
 SPRI T EXTEL                                Unsecured         3,219.00         3,219.89       3,219.89                   0.00          0.00
 SUPERIOR MANAGEME        T                  Unsecured         1,314.00                NA             NA                  0.00          0.00
 TALBOTT COLL                                Unsecured           737.00                NA             NA                  0.00          0.00
 UNISTATES CA LLC                            Unsecured        21,786.00                NA             NA                  0.00          0.00
 WEST ASSET MANAGEMENT                       Unsecured           327.00                NA             NA                  0.00          0.00




UST Form 101-13-FR-S                (4/1/2009)
          Case 08-10706 Document 34 Filed in TXSB on 08/06/09                                 Page 4 of 4




  ummary of Disbursements to Creditors:
                                                                      Claim             Principal
                                                                    Allowed                  Paid
  ecured Payments:
        Mortgage Ongoing                                        $155,351.40           $10,076.40
        Mortgage Arrearage                                       $18,203.35                $0.00
        Debt Secured by Vehicle                                       $0.00                $0.00
        All Other Secured                                         $9,969.12                $0.00
  OT AL SECURED:                                                $183,523.87           $10,076.40

   riority Unsecured Payments:
           Domestic Support Arrearage                                 $0.00                 $0.00
          Domestic Support Ongoing                                    $0.00                 $0.00
           All Other Priority                                    $15,402.88                 $0.00
   OTAL PRIORITY:                                                $15,402.88                 $0.00

   ENERAL UNSECURED PAYMENTS:                                   $227,451.86                 $0.00



 Disbursements:

          Expenses of Administration                                      $723.60
          Disbursements to Creditors                                   $10,076.40

 TOTAL DISBURSEMENTS:                                                                                     $10,800.00



          12) The trustee certifies that, pursuant to Federal Rule of Bankruptcy Procedure 5009,
the estate has been fully administered, the foregoing summary is true and complete, and all
administrative matters for which the trustee is responsible have been completed. The trustee
requests a final decree be entered that discharges the trustee and grants such other relief as may
be just and proper.

Dated: 08/06/2009                                  By: /s/ Cindy Boudloche
                                                                                  Trustee


STATEMENT: This Unified Form is associated with an open bankruptcy case, therefore, Paperwork Reduction
Act exemption 5 C.F.R. § I320.4(a)(2) applies.




UST Form 101-13-FR-S (4/1/2009)

				
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