Bankers

Adame: The Minimalist Foreclosure Defense Strategy

Bare-bones budget-focused no-evidence petition to stop September 2024 foreclosure sale by auction in Harris County District Court.

Teofila Adame

(25-31158)

United States Bankruptcy Court, S.D. Texas

MAR 3, 2025 | REPUBLISHED BY LIT: MAY 8, 2025
MAY 8, 2025

Above is the date LIT Last updated this article.

COMES NOW, MCLP Asset Company, Inc. (“Secured Creditor”) by and through its undersigned attorneys, and for its Objection to Confirmation of Debtor’s Chapter 13 Plan, herein states and alleges as follows:

1.               This Court has exclusive jurisdiction over this proceeding. The Debtor filed this Petition under Chapter 13 of the United States Bankruptcy Code on or about March 3, 2025.

2.               Secured creditor is a secured creditor holding a secured claim against Debtor’s property known as 9919 Clear Meadow Lane, Houston, TX 77089.

3.              Secured Creditor will file its Proof of Claim on or before the claims bar date, with the approximate arrears as $141,667.38.

4.                  Debtors’ Plan (Docket No. 14) does not provide for arrears when the approximate arrearage claim is $141,667.38. The Secured Creditor objects to any plan which does not cure Secured Creditor’s arrears.

5.                  Therefore, the plan fails 11 U.S.C. §1322 (b)(2)-(3), and pursuant to 11 U.S.C. §1325 (a)(5) the plan cannot be confirmed.

WHEREFORE, MCLP Asset Company, Inc. prays that its Objection to Confirmation of Plan be sustained, and for all further relief as is just and proper.

Respectfully submitted,

/s/Michael J. Burns

Michael J. Burns, Esq.
SBN: 24054447
Padgett Law Group

DUPFILER

 

U.S. Bankruptcy Court
Southern District of Texas (Houston)
Bankruptcy Petition #: 25-31158

Assigned to: Bankruptcy Judge Jeffrey P Norman
Chapter 13
Voluntary
Asset

 

 

Date filed:   03/03/2025
341 meeting:   04/09/2025
Deadline for filing claims:   05/12/2025
Deadline for filing claims (govt.):   09/02/2025

 

Debtor
Teofila Adame
9919 Clear Meadow Ln
Houston, TX 77089-2140
HARRIS-TX
SSN / ITIN: xxx-xx-5936
represented by Reese W Baker
Baker & Associates
950 Echo Lane
Suite 300
Houston, TX 77024
713-869-9200
Fax : 713-869-9100
Email: courtdocs@bakerassociates.netNikie Lopez-Pagan
Baker & Associates
950 Echo Lane
Ste. 300
Houston, TX 77024-2824
713-869-9200
Email: Nikie.Lopez-Pagan@bakerassociates.net
Trustee
Tiffany D Castro
1220 Augusta Drive
Ste 500
Houston, TX 77057
713-722-1200
U.S. Trustee
US Trustee
Office of the US Trustee
515 Rusk Ave
Ste 3516
Houston, TX 77002
713-718-4650

 

Filing Date # Docket Text
03/28/2025 21
(23 pgs)
Chapter 13 Trustee’s Notice of Confirmation Hearing and Plan Summary. (Castro, Tiffany) (Entered: 03/28/2025)
04/02/2025 22
(3 pgs)
Objection to Confirmation of Plan Filed by MCLP Asset Company, Inc.. (Related document(s):14 Chapter 13 Plan, Chapter 13 Plan Summary) (Ackley, Hannah) (Entered: 04/02/2025)
04/02/2025 23
(25 pgs)
BNC Certificate of Mailing. (Related document(s):21 Chapter 13 Trustee’s Notice of Confirmation Hearing and Plan Summary) No. of Notices: 5. Notice Date 04/02/2025. (Admin.) (Entered: 04/02/2025)
04/15/2025 24
(2 pgs)
Notice of Appearance and Request for Notice Filed by Stephen Gerard Wilcox Filed by on behalf of Santander Bank, N.A., as servicer for Santander Consumer USA, Inc. (Wilcox, Stephen) (Entered: 04/15/2025)
04/15/2025 25
(2 pgs)
Objection to Confirmation of Plan Filed by Santander Bank, N.A., as servicer for Santander Consumer USA, Inc.. (Related document(s):14 Chapter 13 Plan, Chapter 13 Plan Summary) (Wilcox, Stephen) (Entered: 04/15/2025)
04/15/2025 26
(2 pgs)
Witness List, Exhibit List (Filed By Santander Bank, N.A., as servicer for Santander Consumer USA, Inc. ).(Related document(s):25 Objection to Confirmation of the Plan) (Wilcox, Stephen) (Entered: 04/15/2025)
04/16/2025 27 Meeting of Creditors Held – Trustee Does Not Recommend Confirmation of the plan filed on 3/18/2025, document number 14. Debtor appeared. Meeting concluded . (Related document(s):9 Chapter 13 Meeting of Creditors (batch)) (Castro, Tiffany) (Entered: 04/16/2025)
04/16/2025 28
(3 pgs)
Chapter 13 Trustee’s Motion to Dismiss Case . Hearing scheduled for 5/19/2025 at 9:30 AM. (Castro, Tiffany) (Entered: 04/16/2025)
04/21/2025 29
(2 pgs)
Withdraw Document (Filed By MCLP Asset Company, Inc. ).(Related document(s):8 Notice of Appearance, 22 Objection to Confirmation of the Plan) (Ackley, Hannah) (Entered: 04/21/2025)
04/21/2025 30
(3 pgs)
Notice of Appearance and Request for Notice Filed by Michael John Burns Filed by on behalf of MCLP Asset Company, Inc. (Burns, Michael) (Entered: 04/21/2025)
04/21/2025 31
(3 pgs)
Objection to Confirmation of Plan Filed by MCLP Asset Company, Inc.. (Related document(s):14 Chapter 13 Plan, Chapter 13 Plan Summary) (Burns, Michael) (Entered: 04/21/2025)

 


 

PACER Service Center
Transaction Receipt
05/08/2025 15:54:57

202457942 –

ADAME, TEOFILIA vs. MCLP ASSET COMPANY INC

(Court 295, JUDGE DONNA ROTH)

AUG 29, 2024 | REPUBLISHED BY LIT: AUG 29, 2024
AUG 29 31, SEP 27, OCT 10 22,NOV 20, 2024
MAY 8, 2025

Above is the date LIT Last updated this article.

Par for the courts, no show…

DISMISSED ON DEFENDANT’S MOTION WITH PREJUDICE.

We haven’t grabbed Dec. foreclosure listings yet but absent an injunction, we anticipate a relisting.

Defendants, MCLP Asset Company, Inc. and Selene Finance, LP’s Original Answer

ORDER SETTING BOND SIGNED

ORDER SIGNED GRANTING TEMPORARY RESTRAINING ORDER

ORDER SIGNED SETTING HEARING

08/30/2024

The petition discusses a loan mod in 2023.

There’s one recorded in real property records in 2018.

The total refi in the 2019 modification is $402k and the current value of the home is appx. $427k…

Grantor

Grantee

Foreclosure Auction Notice (Sept. sale)

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Adame: The Minimalist Foreclosure Defense Strategy
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