SUGGESTION OF BANKRUPTCY AND NOTICE OF WITHDRAWAL OF MOTION FOR ENTRY OF ORDER
Shawnda Elizabeth Richardson
(24-32537)
United States Bankruptcy Court, S.D. Texas
JUN 6, 2024
UPDATE: AUG 8, DEC 9, 2024
COMES NOW, Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R8, its Successors and Assigns, Petitioner herein and files this Suggestion of Bankruptcy in case 202421720.
On May 31, 2024 Defendant, Shawnda Elizabeth Richardson filed a Chapter 13 bankruptcy petition under case no. 24-32537 in the U.S. Bankruptcy Court for the Southern District of Texas, Houston Division.
Accordingly, this matter should be abated until the relevant issues are resolved in the bankruptcy court.
A copy of the Case Summary of the Bankruptcy Case is attached for verification of the filing.
Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R8, its Successors and Assigns (hereinafter Petitioner), the Petitioner in this cause, files its Notice of Withdrawal of Motion for Entry of Order.
WHEREFORE, PREMISES CONSIDERED, Petitioner prays that the above numbered and entitled cause be abated.
Respectfully submitted,
CODILIS & MOODY, P.C.
By: /s/ Kelly M. Doherty
Danya F. Gladney
SBOT 24059786
Nicole Bartee
SBOT 24001674
Aaron Demuth
SBOT 24111076
Kelly M. Doherty
SBOT 24118059
Lisa Collins
SBOT 24115338
William A. Morphis
SBOT 24131905
Juanita M. Deaver
SBOT 24126385
20405 State Highway 249,
Suite 170
Houston, TX 77070
Telephone: (281) 925-5200
Email: Homeequity@tx.cslegal.com
ATTORNEYS FOR PETITIONER
Southern District of Texas (Houston)
Bankruptcy Petition #: 24-32537
Assigned to: Bankruptcy Judge Eduardo V Rodriguez Chapter 13 Voluntary Asset
|
|
Debtor Shawnda Elizabeth Richardson 1635 W Donovan St Houston, TX 77091 HARRIS-TX SSN / ITIN: xxx-xx-6192 aka Shawnda E Richardson Peavy |
represented by | Karen Kisch Kisch Consumer Law, PLLC 6915 Kelsey Rae Court Houston, TX 77069 713-258-0259 Fax : 713-583-0218 Email: kkisch@kischconsumerlaw.com |
Trustee Tiffany D Castro Office of Chapter 13 Trustee 9821 Katy Freeway Ste 590 Houston, TX 77024 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 | |
---|---|---|---|
05/31/2024 | 1 (66 pgs) |
Chapter 13 Voluntary Petition Individual . Fee Amount $313 Filed by Shawnda Elizabeth Richardson. (Kisch, Karen) (Entered: 05/31/2024) | |
05/31/2024 | 2 (21 pgs) |
Chapter 13 Plan Filed by Shawnda Elizabeth Richardson. (Kisch, Karen) (Entered: 05/31/2024) | |
05/31/2024 | 3 (1 pg) |
Certificate of Credit Counseling (Filed By Shawnda Elizabeth Richardson ). (Kisch, Karen) (Entered: 05/31/2024) | |
05/31/2024 | 4 (4 pgs) |
Fixed Fee Agreement filed by Debtor(s)’s counsel pursuant to General Order 2023-13. Counsel has received $1000.00, pre-petition. Counsel’s fixed fee is $4500.00. Counsel has advanced $0.00 of the filing fee. For matters for which the first hearing date is set more than 120 days following confirmation, the fixed fee for responses to motions for relief from the stay is $425.00, for responses to chapter 13 trustee dismissal motions is $275.00, and for Debtor(s) motions to modify the plan is $800.00. The fixed fee for review of Rule 3002.1 notices filed 120 days after confirmation is $300.00, for debtor’s motion to sell, refinance or incur debt for real property is $600.00, for debtor’s surrender of property per paragraph 20 of the uniform plan is $300.00, and for transfer of real property per paragraph 14 of the uniform plan is $500.00. The rate for hourly services that are not covered by an agreed fixed fee will not exceed $300.00. Petition filed on 05/31/2024. Filed by Debtor Shawnda Elizabeth Richardson (Kisch, Karen) (Entered: 05/31/2024) | |
05/31/2024 | 5 (12 pgs) |
Debtor’s Payment Advices or Certification under 11 USC 521 (Filed By Shawnda Elizabeth Richardson ). (Kisch, Karen) (Entered: 05/31/2024) | |
05/31/2024 | 6 (1 pg) |
Proposed Wage Order (Filed By Shawnda Elizabeth Richardson ). (Kisch, Karen) (Entered: 05/31/2024) | |
05/31/2024 | 7 (1 pg) |
Declaration re: Electronic Filing (Filed By Shawnda Elizabeth Richardson ). (Kisch, Karen) (Entered: 05/31/2024) | |
06/03/2024 | 8 (1 pg) |
Notice of Appearance and Request for Notice Filed by Ally Financial, c/o AIS Portfolio Services, LLC (Sharma, Amitkumar) (Entered: 06/03/2024) | |
06/03/2024 | 9 (1 pg) |
Order Granting Chapter 13 Fixed Fee Agreement (Related Doc # 4) Signed on 6/3/2024. (njc7) (Entered: 06/03/2024) | |
06/05/2024 | 10 (2 pgs) |
BNC Certificate of Mailing. (Related document(s):9 Order on Chapter 13 Fixed Fee Agreement) No. of Notices: 1. Notice Date 06/05/2024. (Admin.) (Entered: 06/05/2024) | |
06/06/2024 | 11 (2 pgs) |
Notice of Chapter 13 Bankruptcy Case, Meeting of Creditors & Notice of Appointment of Trustee.. 341(a) meeting to be held on 7/10/2024 at 03:00 PM, via Zoom – Castro: Meeting ID 223 248 9512, Passcode 1291903731, Phone 1 346 205 0870. Financial Management Course due:8/26/2024. Last day to object to dischargeability under section 523 is 9/9/2024. Proofs of Claims due by 8/9/2024. Government Proof of Claim due by 11/27/2024. Confirmation Hearing to be held on 8/5/2024 at 01:00 PM at Houston, Courtroom 402 (EVR). Clerk to send Notice on Financial Management Requirement 8/26/2024. (Castro, Tiffany) (Entered: 06/06/2024) | |
06/06/2024 | 12 (2 pgs) |
Notice of Appearance and Request for Notice Filed by Kathryn Nichole Dahlin Filed by on behalf of Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R8 (Dahlin, Kathryn) (Entered: 06/06/2024) | |
06/06/2024 | 13 (22 pgs) |
Chapter 13 Trustee’s Notice of Confirmation Hearing and Plan Summary. (Castro, Tiffany) (Entered: 06/06/2024) | |
06/09/2024 | 14 (4 pgs) |
BNC Certificate of Mailing – Meeting of Creditors. (Related document(s):11 Chapter 13 Meeting of Creditors (batch)) No. of Notices: 5. Notice Date 06/09/2024. (Admin.) (Entered: 06/09/2024) | |
06/09/2024 | 15 (24 pgs) |
BNC Certificate of Mailing. (Related document(s):13 Chapter 13 Trustee’s Notice of Confirmation Hearing and Plan Summary) No. of Notices: 4. Notice Date 06/09/2024. (Admin.) (Entered: 06/09/2024) | |
06/21/2024 | 16 (1 pg) |
Financial Management Course Certificate Filed (Debt Education Certification Foundation) (Entered: 06/21/2024) | |
06/21/2024 | 17 (1 pg) |
Wage Deduction Order (Humble Independent School District). Signed on 6/21/2024 (Related document(s):6 Proposed Wage Order) (amc7) (Entered: 06/21/2024) | |
06/23/2024 | 18 (2 pgs) |
BNC Certificate of Mailing. (Related document(s):17 Order Employer To Pay Trustee) No. of Notices: 1. Notice Date 06/23/2024. (Admin.) (Entered: 06/23/2024) | |
06/24/2024 | 19 (2 pgs) |
Notice of Appearance and Request for Notice Filed by Stephen Gerard Wilcox Filed by on behalf of TD Bank, N.A., successor in interest to TD Auto Finance LLC (Wilcox, Stephen) (Entered: 06/24/2024) | |
06/24/2024 | 20 (2 pgs) |
Objection to Confirmation of Plan Filed by TD Bank, N.A., successor in interest to TD Auto Finance LLC. (Related document(s):2 Chapter 13 Plan) (Wilcox, Stephen) (Entered: 06/24/2024) | |
06/24/2024 | 21 (21 pgs; 6 docs) |
Witness List, Exhibit List (Filed By TD Bank, N.A., successor in interest to TD Auto Finance LLC ).(Related document(s):20 Objection to Confirmation of the Plan) (Attachments: # 1 Motor Vehicle Retail Installment Contract # 2 Certificate of Title # 3 Wall Street Journal interest rate page # 4 Historical Prime Rate Data # 5 Proof of claim) (Wilcox, Stephen) (Entered: 06/24/2024) | |
06/25/2024 | 22 (1 pg) |
Notice of Appearance and Request for Notice Filed by John P Dillman Filed by on behalf of Lone Star College System, Houston ISD, Houston Community College System, City of Houston, Harris County ESD #10, Harris County ESD #01 (Dillman, John) (Entered: 06/25/2024) |
PACER Service Center | |||
---|---|---|---|
Transaction Receipt | |||
06/26/2024 18:03:28 |
Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R8, its successors and/or assigns (“Creditor”), secured creditor and party in interest in the above referenced case, files this Objection to Confirmation.
In support of its Objection, Creditor respectfully shows:
1. Creditor retains a purchase money security interest in the real property located at
1635 W DONOVAN ST, HOUSTON, TX, 77091.
Creditor intends to file its Proof of Claim with proper documentation for
$25,792.17 in pre-petition arrearages on the debt owed to it.
2. The Chapter 13 Plan provides for pre-petition arrearages in the amount of $24,533.76 to Creditor.
3. The Plan as proposed does not adequately comply with 11 U.S.C §1322(b)(2) and (5) as it does not adequately protect Creditor’s interest in this collateral.
4. The Plan does not comply with 11 U.S.C §1325(a)(6) because it is not feasible as it does not adequately fund payment in full of Creditor’s prepetition arrearage claim.
5. The Plan does not comply with 11 U.S.C. § 1325(a)(3) as it has not been proposed in good faith.
WHEREFORE, Creditor respectfully requests an Order sustaining its Objection to Confirmation and for such other relief to which Creditor may show itself justly entitled, either at law or in equity.
Respectfully submitted, Codilis & Moody, P.C.
By: /s/ Kathryn N. Dahlin
Kathryn N. Dahlin SBOT#24053165
Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R8, its successors and assigns, (hereinafter referred to as “PHH”) files this Notice of Withdrawal of its Objection to Confirmation (“Objection”) and in support thereof would show the Court as follows:
On 07/29/2024 PHH filed a(n) Objection under Docket No. 29.
PHH wishes to withdraw the Objection.
Southern District of Texas (Houston)
Bankruptcy Petition #: 24-32537
Assigned to: Bankruptcy Judge Eduardo V Rodriguez Chapter 13 Voluntary Asset
|
|
Debtor Shawnda Elizabeth Richardson 1635 W Donovan St Houston, TX 77091 HARRIS-TX SSN / ITIN: xxx-xx-6192 aka Shawnda E Richardson Peavy |
represented by | Karen Kisch Kisch Consumer Law, PLLC 6915 Kelsey Rae Court Houston, TX 77069 713-258-0259 Fax : 713-583-0218 Email: kkisch@kischconsumerlaw.com |
Trustee Tiffany D Castro Office of Chapter 13 Trustee 9821 Katy Freeway Ste 590 Houston, TX 77024 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 | |
---|---|---|---|
06/06/2024 | 13 (22 pgs) |
Chapter 13 Trustee’s Notice of Confirmation Hearing and Plan Summary. (Castro, Tiffany) (Entered: 06/06/2024) | |
06/09/2024 | 14 (4 pgs) |
BNC Certificate of Mailing – Meeting of Creditors. (Related document(s):11 Chapter 13 Meeting of Creditors (batch)) No. of Notices: 5. Notice Date 06/09/2024. (Admin.) (Entered: 06/09/2024) | |
06/09/2024 | 15 (24 pgs) |
BNC Certificate of Mailing. (Related document(s):13 Chapter 13 Trustee’s Notice of Confirmation Hearing and Plan Summary) No. of Notices: 4. Notice Date 06/09/2024. (Admin.) (Entered: 06/09/2024) | |
06/21/2024 | 16 (1 pg) |
Financial Management Course Certificate Filed (Debt Education Certification Foundation) (Entered: 06/21/2024) | |
06/21/2024 | 17 (1 pg) |
Wage Deduction Order (Humble Independent School District). Signed on 6/21/2024 (Related document(s):6 Proposed Wage Order) (amc7) (Entered: 06/21/2024) | |
06/23/2024 | 18 (2 pgs) |
BNC Certificate of Mailing. (Related document(s):17 Order Employer To Pay Trustee) No. of Notices: 1. Notice Date 06/23/2024. (Admin.) (Entered: 06/23/2024) | |
06/24/2024 | 19 (2 pgs) |
Notice of Appearance and Request for Notice Filed by Stephen Gerard Wilcox Filed by on behalf of TD Bank, N.A., successor in interest to TD Auto Finance LLC (Wilcox, Stephen) (Entered: 06/24/2024) | |
06/24/2024 | 20 (2 pgs) |
Objection to Confirmation of Plan Filed by TD Bank, N.A., successor in interest to TD Auto Finance LLC. (Related document(s):2 Chapter 13 Plan) (Wilcox, Stephen) (Entered: 06/24/2024) | |
06/24/2024 | 21 (21 pgs; 6 docs) |
Witness List, Exhibit List (Filed By TD Bank, N.A., successor in interest to TD Auto Finance LLC ).(Related document(s):20 Objection to Confirmation of the Plan) (Attachments: # 1 Motor Vehicle Retail Installment Contract # 2 Certificate of Title # 3 Wall Street Journal interest rate page # 4 Historical Prime Rate Data # 5 Proof of claim) (Wilcox, Stephen) (Entered: 06/24/2024) | |
06/25/2024 | 22 (1 pg) |
Notice of Appearance and Request for Notice Filed by John P Dillman Filed by on behalf of Lone Star College System, Houston ISD, Houston Community College System, City of Houston, Harris County ESD #10, Harris County ESD #01 (Dillman, John) (Entered: 06/25/2024) | |
07/09/2024 | 23 (3 pgs) |
Chapter 13 Trustee’s Motion to Dismiss Case . Hearing scheduled for 8/5/2024 at 1:00 PM. (Castro, Tiffany) (Entered: 07/09/2024) | |
07/11/2024 | 24 | Meeting of Creditors Held – Trustee Does Not Recommend Confirmation of the plan filed on 5/31/2024, document number 2. Debtor did not appear at the Meeting of Creditors held on July 10, 2024. Meeting not concluded . (Castro, Tiffany) (Entered: 07/11/2024) | |
07/23/2024 | 25 (22 pgs) |
First Amended Chapter 13 Plan Filed by Shawnda Elizabeth Richardson. (Kisch, Karen) (Entered: 07/23/2024) | |
07/23/2024 | 26 (4 pgs) |
Certificate of Service (Filed By Shawnda Elizabeth Richardson ).(Related document(s):25 Amended Chapter 13 Plan) (Kisch, Karen) (Entered: 07/23/2024) | |
07/25/2024 | 27 (2 pgs) |
Objection to Confirmation of Plan Filed by TD Bank, N.A., successor in interest to TD Auto Finance LLC. (Related document(s):25 Amended Chapter 13 Plan) (Wilcox, Stephen) (Entered: 07/25/2024) | |
07/25/2024 | 28 (20 pgs; 6 docs) |
Witness List, Exhibit List (Filed By TD Bank, N.A., successor in interest to TD Auto Finance LLC ).(Related document(s):27 Objection to Confirmation of the Plan) (Attachments: # 1 Motor Vehicle Retail Installment Contract # 2 Certificate of Title # 3 Wall Street Journal interest rate page # 4 Historical Prime Rate Data # 5 Proof of Claim) (Wilcox, Stephen) (Entered: 07/25/2024) | |
07/29/2024 | 29 (5 pgs) |
Objection to Confirmation of Plan Filed by Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R8. (Related document(s):25 Amended Chapter 13 Plan) (Dahlin, Kathryn) (Entered: 07/29/2024) | |
08/01/2024 | 30 | Meeting of Creditors Held – Trustee Does Not Recommend Confirmation of the plan filed on 7/23/2024, document number 25. Debtor appeared at the Meeting of Creditors held on July 31, 2024. Meeting concluded . (Castro, Tiffany) (Entered: 08/01/2024) | |
08/05/2024 | 31 (1 pg) |
Order/Courtroom Minutes. Reset confirmation. Before Judge Rodriguez, Eduardo V. Related to document 11. Reset to 09/10/2024 at 10:00AM. Cristina Rodriguez for Tiffany Castro, Chapter 13 Trustee. Karen Kisch for Debtor. Steve Wilcox for TD Bank. Matters continued. (njc7) (Entered: 08/05/2024) | |
08/05/2024 | 32 (1 pg) |
Order/Courtroom Minutes. Reset dismissal. Before Judge Rodriguez, Eduardo V. Related to document 23. Reset to 09/10/2024 at 10:00AM. (njc7) (Entered: 08/05/2024) | |
08/07/2024 | 33 (3 pgs) |
BNC Certificate of Mailing. (Related document(s):31 Courtroom Minutes/Order – R1 MI DJ ER JN CL) No. of Notices: 1. Notice Date 08/07/2024. (Admin.) (Entered: 08/07/2024) | |
08/07/2024 | 34 (3 pgs) |
BNC Certificate of Mailing. (Related document(s):32 Courtroom Minutes/Order – R6 MI DJ ER JN CL) No. of Notices: 1. Notice Date 08/07/2024. (Admin.) (Entered: 08/07/2024) | |
08/08/2024 | 35 (22 pgs) |
Second Amended Chapter 13 Plan Filed by Shawnda Elizabeth Richardson. (Kisch, Karen) (Entered: 08/08/2024) | |
08/08/2024 | 36 (5 pgs) |
Amended Schedule J Individual- Your Expenses (Filed By Shawnda Elizabeth Richardson ). (Kisch, Karen) (Entered: 08/08/2024) | |
08/09/2024 | 37 (1 pg) |
Amended Proposed Wage Order (Filed By Shawnda Elizabeth Richardson ). (Kisch, Karen) (Entered: 08/09/2024) | |
08/13/2024 | 38 (2 pgs) |
Withdraw Document (Filed By Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R8 ).(Related document(s):29 Objection to Confirmation of the Plan) (Dahlin, Kathryn) (Entered: 08/13/2024) | |
08/15/2024 | 39 (1 pg) |
Amended Wage Deduction Order (Humble Independent School District). Signed on 8/15/2024 (Related document(s):17 Order Employer To Pay Trustee) (amc7) (Entered: 08/15/2024) | |
08/17/2024 | 40 (3 pgs) |
BNC Certificate of Mailing. (Related document(s):39 Amended Order) No. of Notices: 1. Notice Date 08/17/2024. (Admin.) (Entered: 08/17/2024) | |
08/23/2024 | 41 (13 pgs) |
Amended Schedule A/B: Property for Individual (Filed By Shawnda Elizabeth Richardson ). (Kisch, Karen) (Entered: 08/23/2024) |
PACER Service Center | |||
---|---|---|---|
Transaction Receipt | |||
09/06/2024 18:01:26 |
The amended petition highlights the systemic issues in state n’ federal courts, where lawyers have been complicit in fraud perpetrated by felons, bandits and legal rogues. Since the financial crisis, the courts have become a playground for such misconduct.https://t.co/knzZIAwXP5 pic.twitter.com/dvYKv8noeh
— lawsinusa (@lawsinusa) September 4, 2024
202421720 –
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE F vs. PEAVY, SHAWNDA E RICHARDSON
(Court 125, JUDGE KYLE CARTER)
APR 5, 2024 | REPUBLISHED BY LIT: APR 10, 2024
Suggestion of Bankruptcy and Notice of Withdrawal of Motion for Entry of Order
Notice of Appearance by Karen Kirsch, who we’ve never heard of, and her history on HCDC explains why.
Case (Cause) Number | Style | File Date | Court | Case Region | Type Of Action / Offense | |
---|---|---|---|---|---|---|
202412624- 7 Active – Civil |
DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR ARGENT SECURITIES vs. HIGGINS, RICHARD G (III) (AKA RICHARD G HIGGINS) | 2/28/2024 | 055 | Civil | Foreclosure – Home Equity-Expedited | |
202332330- 7 Disposed (Final) |
THREE LAKES COMMUNITY IMPROVEMENT ASSOCIATION (D/B/A PINECREST CIA vs. MENDOZA, STEVEN S |
5/24/2023 | 215 | Civil | Foreclosure – Other | |
201978146- 7 Disposed (Final) |
SUNTRUST BANK D/B/A LIGHTSTREAM vs. LOERA, YOLANDA | 10/25/2019 | 164 | Civil | Debt / Contract – Debt / Contract | |
201811151- 7 Disposed (Final) |
BANK OF NEW YORK MELLON (FKA THE BANK OF NEW YORK vs. BASDEN, DEWITT |
2/21/2018 | 281 | Civil | Foreclosure – Home Equity-Expedited | |
201811219- 7 Disposed (Final) |
WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST (NOT vs. POSSO, GINA M | 2/21/2018 | 055 | Civil | Foreclosure – Home Equity-Expedited | |
199205640- 7 Disposed (Final) |
IQBAL, NASEEM (FUGIA) vs. IQBAL, MOHAMMAD |
2/7/1992 | 308 | Family | DIVORCE |
Page 1 of 1 | 1 |
New foreclosure case. Bookmark for updates.
The Greatest Housing Theft: PHH Ocwen Seek Shareholder Approval to Ditch Nazi Persona – Laws In Texas https://t.co/ZJQ9JFZYWf
— lawsinusa (@lawsinusa) April 8, 2024