Doc024-Trustees1stAmendedNoticeOfObjectionToConfirmation

7/29/2019 Doc024-Trustees1stAmendedNoticeOfObjectionToConfirmation

1/4

Trustee's Obj to Confirmation 11-57656 ASW

1

1

2

3

45

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

DEVIN DERHAM-BURK #104353CHAPTER 13 STANDING TRUSTEEP O Box 50013San Jose, CA 95150-0013

Telephone: (408) 354-4413

Facsimile: (408) 354-5513Trustee for Debtor(s)

UNITED STATES BANKRUPTCY COURTNORTHERN DISTRICT OF CALIFORNIA - DIVISION 5

In re:

GUANCIONE, ROSALIE AUBREE

Debtor(s)

)

)))))))))))))

)

Chapter 13Case No. 11-57656 ASW

1ST

AMENDED

TRUSTEES OBJECTION TOCONFIRMATION WITH CERTIFICATE OFSERVICE

Confirmation Date: N/A Trustees Pending List

Judge: Arthur S. Weissbrodt

Devin Derham-Burk, Trustee in the above matter, objects to the Confirmation of this Unknown%

Plan for the following reasons:

1. The debtor has failed to file Schedule A through H, and the Statement of FinancialAffairs.

2. The debtor has failed to provide the Trustee with copies of her payment advices forthe 60 days preceding the filing of the petition.

3. The debtor has failed to provide the Trustee with a copy of her 2010 Federal Incometax return.

Case: 11-57656 Doc# 24 Filed: 10/04/11 Entered: 10/04/11 16:16:51 Page 1 of 4


2/4


2

1

2

3

45

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

4. The debtor failed to use one of the two recommended plans for the San Jose Division.An Amended Chapter 13 Plan must be filed and served on all creditors.

5. The Trustee is in receipt of a proof of claim filed by Internal Revenue Service onSeptember 23, 2011 [claim #2-1] for secured claims in the amount of $35,412.63.Debtor has failed to list said tax debt in the Chapter 13 Plan filed on September 16,

2011 [docket #20], and has failed to file Schedule D to list said secured claim. An

Amended Chapter 13 Plan and Schedule D must be filed.

6. The debtor has failed to appear and/or submit to examination under oath at themeeting of creditors under 11 U.S.C. 341(a). Without conducting this examination,

the Trustee is unable to adequately investigate the debtors financial affairs as she is

required to do pursuant to 11 U.S.C. 1302(b)(1) (incorporating 11 U.S.C.

704(a)(4)). In addition, until the debtor is examined by the Trustee, she is unable to

recommend confirmation of the debtors plan. The Trustee requests that the debtor

appear at a rescheduled meeting of creditors.

//

//

//

//

//

//

//



3/4


3

1

2

3

45

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

7. The debtor has failed to provide the Trustee with either or both 1)a government-issued photo identification, or 2) proof of a social security number. See 11 U.S.C.

521(h). Without being able to establish the identity of the debtor, the Trustee is

unable to adequately investigate the financial affairs of the debtor or recommendconfirmation. The Trustee requests that the debtor provide her with verification of

both identity and social security number.

THE TRUSTEE STRONGLY RECOMMENDS DEBTOR CONTACT AN

EXPERIENCED CHAPTER 13 ATTORNEY FOR ASSISTANCE. DEBTORS

FAILURE TO COMPLY WITH THE BANKRUPTCY CODE MAY RESULT IN

DISMISSAL OF THE CASE.

Dated: October 3, 2011 /S/ Devin Derham-Burk____________________________________Chapter 13 Trustee



4/4


4

1

2

3

45

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

CERTIFICATE OF SERVICE BY MAIL

I declare that I am over the age of 18 years, not a party to the within cause; my businessaddress is 983 University Ave. C-100, Los Gatos, California 95032. I served a copy of the

within Trustees 1st

Amended Objection to Confirmation by placing same in an envelope in the

U.S. Mail at Los Gatos, California on October 4, 2011.

Said envelopes were addressed as follows:

ROSALIE AUBREE GUANCIONEP O BOX 641641

SAN JOSE, CA 95164

PRO SE

/S/_Erin Chew____________________Office of Devin Derham-Burk, Trustee


Documents

Doc024-Trustees1stAmendedNoticeOfObjectionToConfirmation