MAR 3, 2025 | REPUBLISHED BY LIT: MAY 8, 2025
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 |
Southern District of Texas (Houston)
Bankruptcy Petition #: 25-31158
Assigned to: Bankruptcy Judge Jeffrey P Norman Chapter 13 Voluntary Asset
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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 |
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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 | |
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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 | |||
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Transaction Receipt | |||
05/08/2025 15:54:57 |
When 🔥sees #EpsteinFiles trending and we’ve got a message for AG Pam Bondi, et al, c/o the Telegraph (UK). This is why whistleblowers are necessary, because Governments take a thick black marker to redact away the truth (starts around 1m 38s in video). https://t.co/TkJPH4NSwv pic.twitter.com/N4fdQXHBAY
— lawsinusa (@lawsinusa) May 8, 2025
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…
Foreclosure Auction Notice (Sept. sale)
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