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Filing # 148552121 E-Filed 04/28/2022 10:00:36 AM
IN THE CIRCUIT COURT OF THE FIRST
JUDICIAL CIRCUIT, IN AND FOR SANTA
ROSA COUNTY, FLORIDA
CASE NO. 190008S8CAMXAX
DEUTSCHE BANK NATIONAL TRUST COMPANY,
AS TRUSTEE FOR SECURITIZED ASSET BACKED
RECEIVABLES LLC TRUST 2007-BR5, MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES 2007-BR5,
Plaintiff,
vs.
DONNIE GIBBS; JACQUELINE E. GIBBS A/K/A
JACQUELINE GIBBS, ET AL.
Defendants
PLAINTIFF’S MOTION TO RESCHEDULE THE FORECLOSURE SALE
Plaintiff, by and through its undersigned attorney, moves this Court to reschedule the foreclosure sale, and
as grounds therefore states:
1 That pursuant to a Final Judgment in Mortgage Foreclosure entered on April 20, 2021, a sale date was
set by the Court for July 6, 2021.
2. On June 30, 2021, Plaintiff filed a Motion to Cancel the July 6, 2021 Foreclosure Sale and to Reschedule
as the servicer enacted an internal, company moratorium on loans when a property was deemed occupied by the
owner or a non-owner due to COVID-19. An amended Order was entered on July 6, 2021 granting Plaintiff's
motion and the foreclosure sale was rescheduled for August 10, 2021.
3. On or about August 6, 2021, the Defendant DONNIE GIBBS; JACQUELINE PINKNEY GIBBS filed
Chapter 13 Bankruptcy in the Northern District of Florida having case number 21-30518-KKS. As a result, the
August 10, 2021 foreclosure sale was cancelled.
4. That the Second Amended Chapter 13 Plan called for direct payments to the Plaintiff and once the Plan
is confirmed, creditors such as Plaintiff would have relief from stay. Please find the Second Amended Chapter 13
Plan attached hereto as Exhibit “A” and take note of paragraph 3.5.
5. That an Order Confirming Plan and Order to Debtor(s) was entered on or about February 18, 2022
granting relief. A copy of the bankruptcy order is attached hereto as Exhibit “b”.
Electronically Filed Santa Rosa Case # 19000858CAMXAX 04/28/2022 09:00:36 AM
PHH14951-19/sap
6. Plaintiff requests that the foreclosure sale be rescheduled no sooner than 60 (sixty) days.
WHEREFORE, Plaintiff requests that an Order be entered rescheduling the foreclosure sale, as well as for
such further relief as this Court deems just and proper.
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent to the parties and attorneys
of record as shown on the attached service list. The service was completed on this 28™ day of April, 2022. On
the service list, if an email address is designated for a party, then that party was served via email only. If no email
address is listed for that defendant on the service list, then that party was served via regular U.S. Mail.
VAN NESS LAW FIRM, PLC
1239 E. Newport Center Drive, Suite 110
Deerfield Beach, Florida 33442
Ph: (954) 571-2031
PRIMARY EMAIL: Pleadings@vanlawfl.com
/s/J_ Anthony Van Ness
O Mark C. Elia, Esq.
Bar Number: 695734
Email: MElia@vanlawfl.com
J. Anthony Van Ness, Esq.
Bar Number: 391832
Email: TVanness@vanlawfl.com
CASE NO: 19000858CAMXAX
SERVICE LIST:
DONNIE GIBBS
5524 KIMMONS RD
MILTON, FL 32583
JACQUELINE E. GIBBS
A/K/A JACQUELINE GIBBS
5524 KIMMONS RD
MILTON, FL 32583
PROSE
MARTIN S. LEWIS
LEWIS & JURNOVOY, P.A.
1100 NORTH PALAFOX ST.
PENSACOLA, FL 32501
Bankruptcy Attorney for Donnie & Jacqueline Gibbs
Email: landj@lewisandjurnovoy.com
PHH14951-19/sap
Case 21-30518-KKS Doc50 Filed 01/27/22 Page1of5
FLNB LF 13-21 (Rev. 12/17)
EXHIBIT "A"
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
In re: Donnie & Jacqueline Pinkney Gibbs Case No. 21-30518-KKS
Debtor(s)! Chapter 13
4 Cheek if this is an AMENDED
PLAN [Second
SECOND AMENDED CHAPTER 13 PLAN
PART 1: NOTICES
To Creditors: Your rights may be affected by this plan.
You should read this plan and other documents sent to you carefully and discuss them with your attorney.
If you do not have an attorney, you may wish to consult one. If you oppose the plan’s treatment of your
claim or any provision of this plan, you or your attorney must file an objection to confirmation prior to
the CH 13 plan date set for the hearing on confirmation, unless otherwise ordered by the Bankruptcy
Court. The Bankruptcy Court may confirm this plan without further notice if no objection to
confirmation is filed. Creditors who are not individuals (i.e.: corporations, LLC’s, etc.) must have an
attorney in order to have their objections considered by the Court. Creditors must file a timely proof
of claim in order to be paid under any plan.
To debtor: You must check one box on each line to state if the plan includes the following items. If an
item is checked as “Not included,” or if both boxes are checked, the provision will be ineffective if set
out later in the plan.
11 A limit on the amount of a secured claim, set out in § 3.2, which may Included
result in a partial payment or no payment at all to the secured creditor. O Not included
1,2 | Debtor intends to avoid a judicial lien or security interest; see § 3.4. O Included
@ Not included
1.3 | Nonstandard provisions, set out in Part 8. 4 Included
QO Not included
PART 2: PLAN PAYMENTS AND PLAN LENGTH
2.1 Payments to the Trustee: The future earnings or other future income of the Debtor is submitted to
the supervision and control of the trustee. The debtor (or debtor’s employer) has paid to the Chapter
13 Trustee the sum of $2,940.00 through January 2022. The debtor (or debtor’s employer) shall pay
to the Chapter 13 Trustee the sum of $780.00 MONTHLY, for 55 months.
Total base of plan payments: $45,840.00.
Payments shall be mailed to the Chapter 13 Trustee at: Leigh D. Glidewell, Chapter 13 Trustee,
Lock Box 2238, Memphis, TN 38101-2238.
Plan Length: The term of the plan is_60 months.
! All references to “debtor” shall include both debtors in a joint case.
Case 21-30518-KKS Doc50 Filed 01/27/22 Page 2of5
2.2 Tax Refunds: Debtor will supply the trustee with a copy of each income tax return filed during the
plan term within 14 days of filing the return and will turn over to the trustee all income tax refunds
received during the plan term, unless otherwise provided in Part 8.
2.3 Additional Payments (check one):
W None
PART 3: TREATMENT OF SECURED CLAIMS
Unless-otherwise-ordered-by the Court; the claim-amount(s), including the value of a-secured claim, stated:
on a timely filed proof of claim will control over any contrary amount listed below. In the absence of a
contrary timely filed proof of claim, the amounts stated below are controlling.
3.1 Secured Debts Which Will Extend Beyond the Length of the Plan
@ None
3.2 Secured Debts Which Will Not Extend Beyond the Length of the Plan
(a) Secured Claims Subject to Valuation Under 11 U.S.C. § 506.
O None
W Each of the following secured claims shall be paid through the plan as set forth below, until
the secured value, as determined by the bankruptcy court, or the amount of the claim,
whichever is less, has been paid in full. The portion of any allowed claim that exceeds the
amount of the secured claim will be treated as an unsecured claim. The debtor must file a
proper motion or notice if any secured claim is to be paid less than the amount shown ona
timely filed proof of claim.
Any remaining portion of the allowed claim shall be treated as a general unsecured claim.
Name Proposed Total Interest Rate
Amount of Secured Claim (if specified)
W.S. BADCOCK $1,003.20 5.25%
(MISC. HOUSEHOLD ITEMS)
(b) Secured Claims Not Subject to Valuation Under 11 U.S.C. § 506.
@ None
(c) Determination of Secured Status and Strip Lien (11 U.S.C § 506).
{4 None
3.3 Prepetition Defaults
O None
@_ Prepetition defaults owed to the following creditor(s) will be cured over the plan term, and
payment of arrearages under this plan shall conclusively constitute payment of all pre-petition
arrearages:
Name Amount of Default Interest Rate
to be Cured (if specified)
DEUTSCHE BANK NATIONAL TRUST $32,521.70 NONE
COMPANY C/O PHH MORTGAGE SERVICES
(HOME & LOT - 5524 Kimmons Rd, Milton, FL)
Page 2
Case 21-30518-KKS Doc50 Filed 01/27/22 Page 30f5
DEUTSCHE BANK NATIONAL TRUST $950.00 NONE
COMPANY C/O PHH MORTGAGE SERVICES (Notice of Post-Petition Fees dated 01/18/2022)
(HOME & LOT - 5524 Kimmons Rd, Milton, FL)
3.4 Motions to Avoid Lien
W None
3.5 Direct Payments to Creditors
G None
~The debtor shall make regular payments directly to the following creditors:
Name Amount Monthly Interest Rate
of Claim Payment (if specified)
DEUTSCHE BANK NATIONAL TRUST $134,565.57 CONTRACT CONTRACT
COMPANY C/O PHH MORTGAGE SERVICES AMOUNT RATE
(HOME & LOT - 5524 Kimmons Rd, Milton, FL)
CREDIT ACCEPTANCE CORPORATION $12,352.02 CONTRACT CONTRACT
(2010 NISSAN MAXIMA) AMOUNT RATE
Upon entry of the Order Confirming Plan, the automatic stay shall be terminated as to the in
rem rights of the creditors whose secured claims are being paid direct by the debtor in § 3.5,
above.
3.6 Property to be Surrendered
@ None
PART 4: TREATMENT OF TRUSTEE’S FEES, ATTORNEYS’ FEES AND OTHER PRIORITY
CLAIMS, INCLUDING DOMESTIC SUPPORT OBLIGATIONS
Trustee’s fees and all allowed priority claims, including domestic support obligations other than those
treated in § 4.4(c), will be paid in full without post-petition interest.
4.1 Trustee’s Fee: Trustee’s fees are governed by statute and will be paid through the plan. Trustee’s
fees may change during the course of the case.
4.2 Attorney’s Fee (unpaid portion): $4,000.00 (fees) $600.00 (costs)
Pursuant to 11 U.S.C. § 521(f)(4)(B) and Standing Order(s) of this Court, the debtor shall file all
required annual statements. Debtor’s attorney may seek additional fees for filing required annual
statements; if the plan is modified due to an increase in income shown on an annual statement, the
debtor’s attorney may seek additional fees for the plan modification. No advanced notice or
opportunity to object to these fee applications will be given.
4.3 Filing Fee (unpaid portion): Any unpaid portion of the filing fee will be paid in accordance with the
order granting the debtor’s application to pay the filing fee in installments.
4.4 Domestic Support Obligations
Debtor has no Domestic Support Obligations
Page 3
Case 21-30518-KKS Doc50 Filed 01/27/22 Page 4of5
4.5 Other Priority Claims
W None
PART 5: TREATMENT OF NONPRIORITY UNSECURED CLAIMS
5.1 General Nonpriority Unsecured Claims
Allowed nonpriority unsecured claims that are not separately classified in Part 5.2 will be paid, pro
rata. If more than one option is checked, the option providing the largest payment will be effective.
Check all that apply.
@ A total of $1.00.
oO % of the total amount of these claims, an estimated payment of $
@ Funds remaining after disbursements have been made to all other creditors provided for in this
plan. Allowed nonpriority unsecured claims shall be paid interest to the extent available, not to
exceed 6%, unless otherwise provided in Part 8.
5.2 Separately Classified Nonpriority Unsecured Claims
4 None. If “None” is checked, the rest of Part 5.2 need not be completed or reproduced.
PART 6: EXECUTORY CONTRACTS AND UNEXPIRED LEASES
The executory contracts and unexpired leases listed below are assumed. All other executory
contracts and unexpired leases are rejected. Check one.
@ None. If “None” is checked, the rest of Part 6 need not be completed or reproduced.
PART 7: STANDARD PLAN PROVISIONS
7.1 Title to the debtor’s property shall re-vest in debtor on confirmation of a plan or dismissal of the case,
unless otherwise provided in Part 8, provided that proceeds from any potential or pending cause of
action or other asset not yet liquidated, are property of the Estate and must be paid to the Chapter 13
Trustee pending further order of the Court.
7.2 Except as provided above, allowed secured claim holders shall retain liens until liens are released or
upon completion of all payments under this Plan.
7.3 Secured creditors and lessors to be paid directly by the debtor and/or co-debtors may continue to mail
to debtor the customary monthly notices or coupons notwithstanding the automatic stay.
PART 8: NONSTANDARD PLAN PROVISIONS
O None
{A Under Bankruptcy Rule 3015(c), nonstandard provisions must be set forth below. A nonstandard
provision is a provision not otherwise included in the Official Form or deviating from it. Nonstandard
provisions set out elsewhere in this plan are ineffective.
The following plan provisions will be effective only if there is a check in the box labeled
“Included” in Part 1.3.
DEBTORS SHALL PAY TO THE TRUSTEE THE TAX REFUNDS FOR THE FIRST
THREE YEARS.
Page 4
Case 21-30518-KKS Doc50 Filed 01/27/22 Page 5of5
PART 9: SIGNATURES OF DEBTOR AND DEBTOR’S ATTORNEY
If the debtor does not have an attorney, the debtor must sign below; otherwise, the debtor’s signature is
optional. The attorney for the debtor, if any, must sign below.
Signature of Debtor 1 Signature of Debtor 2
ok
|
Date:
Signature of Attorney for Debtor
Martin S. Lewis/Steven D. Jurnovoy
Bar No: 0100587/938221
1100 North Palafox Street
Pensacola, FL 32501
Telephone: (850) 432-9110
Email: landj@lewisandjurnovoy.com
By filing this document, the debtor, if not represented by an attorney, or the attorney for the debtor, certifies
that the wording and order of the provisions in this Chapter 13 Plan are identical to those contained in the
Official Form adopted by this Court effective on the date of signing, other than any nonstandard provisions
included in Part 8.{www.flnb.uscourts.gov/sites/default/files/forms/If13_21.pdf}.
Page 5
Case 21-30518-KKS Doc57 Filed 02/18/22 Page 1 of 2
FORM orenf13 (Rev. 06/15)
UNITED STATES BANKRUPTCY COURT EXHIBIT "B"
Northern District of Florida
Pensacola Division
In Re: Donnie Gibbs Bankruptcy Case No.: 21-30518-KKS
SN
Debtor
Jacqueline Pinkney Gibbs Chapter: 13
aka Jacqueline P Gibbs, aka Jacqueline Gibbs, aka Judge: Karen K. Specie
Jacqueline Elizabeth Gibbs, aka Jackie Gibbs
WN _——
Joint Debtor
ORDER CONFIRMING PLAN
AND ORDER TO DEBTOR(S)
Tt appearing that the Debtor(s)’ Chapter 13 Plan has been transmitted to all creditors of the Debtor(s), and it having
been determined after notice and hearing that:
1 The Plan complies with the provisions of this Chapter and other applicable provisions of this Title;
2 Any fee, charge, or amount required under 28 U.S.C. Chapter 13 or by the Plan, to be paid before
confirmation has been paid;
The Plan has been proposed in good faith and not by any means forbidden by law;
4 The value, as of the effective date of the Plan, of property to be distributed under the Plan on account of each
allowed unsecured claim is not less than the amount that would be paid on such claim if the estate of the
Debtor(s) was liquidated under 11 U.S.C. Chapter 7 on such date;
With respect to such allowed secured claim provided for by the Plan:
A. The holder of such claim has accepted the Plan;
B. The Plan provides for the holder of such claim to retain the lien securing such claim;
and
The value, as of the effective date of the Plan, or property to be distributed under the Plan on account
of such claim is not less than the allowed amount of such claim; or
C. The Debtor(s) surrenders the property securing such claim to such holder.
The Debtor(s) will be able to make all payments under the Plan and to comply with said Plan.
The action of the debtor in filing the petition was in good faith;
The debtor has paid all amounts that are required to be paid under a domestic support oblication and that first
become payable after the date of the filing of the petition if the debtor is required by a judicial or
administrative order, or by statute, to pay such domestic support obligation;
9. The debtor has filed all applicable Federal, State, and local tax returns as required by Section 1308.
IT IS ORDERED that the Debtor(s)’ Plan is CONFIRMED.
IT IS FURTHER ORDERED that:
1. The Debtor(s) shall make any and all payments due under the confirmed Plan and any amendments thereto.
Case 21-30518-KKS Doc57 Filed 02/18/22 Page 2 of 2
The Debtor(s) shall immediately notify, in writing, the Clerk of the Bankruptcy Court and the Chapter 13
Trustee of any change in the Debtor(s)’ address and of any termination, reduction of, or other change in the
Debtor(s)’ employment.
The Debtor(s) shall appear in Court whenever notified to do so by the Court.
The Debtor(s) is prohibited from mortgaging, selling, or otherwise disposing of any personal or real property
(other than homestead real property) without first obtaining written authorization from the Court after notice
and hearing.
The Trustee is directed to pay all secured and priority claims that are addressed in the Plan, as set forth in the
Plan, even if the holders of such claims have not filed a Proof of Claim; provided, however, that if the Plan
provides that a claim is to be paid as a secured claim, and the holder of that claim files only an unsecured
claim, the Trustee is directed to treat the claim as an unsecured claim pursuant to the terms of the Plan, in the
amount set forth on the filed Proof of Claim.
If the Chapter 13 Plan provides to pay a secured creditor an amount with interest, and the total amount in the
Plan exceeds the amount of the claim filed by the secured creditor, the Trustee is directed to pay the amount
set forth in the Plan.
The automatic stay is hereby lifted as to any property to be surrendered under the Plan.
DONE AND ORDERED at Tallahassee, Florida, February 18, 2022.
ls/ e
Karen K. Specie
U.S. Bankruptcy Judge
SERVICE: Martin Lewis shall serve this document pursuant to the applicable Rules and file a certificate of service
within three (3) days.
Preview
Filing # 148552121 E-Filed 04/28/2022 10:00:36 AM IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT, IN AND FOR SANTA ROSA COUNTY, FLORIDA CASE NO. 190008S8CAMXAX DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2007-BR5, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-BR5, Plaintiff, vs. DONNIE GIBBS; JACQUELINE E. GIBBS A/K/A JACQUELINE GIBBS, ET AL. Defendants PLAINTIFF’S MOTION TO RESCHEDULE THE FORECLOSURE SALE Plaintiff, by and through its undersigned attorney, moves this Court to reschedule the foreclosure sale, and as grounds therefore states: 1 That pursuant to a Final Judgment in Mortgage Foreclosure entered on April 20, 2021, a sale date was set by the Court for July 6, 2021. 2. On June 30, 2021, Plaintiff filed a Motion to Cancel the July 6, 2021 Foreclosure Sale and to Reschedule as the servicer enacted an internal, company moratorium on loans when a property was deemed occupied by the owner or a non-owner due to COVID-19. An amended Order was entered on July 6, 2021 granting Plaintiff's motion and the foreclosure sale was rescheduled for August 10, 2021. 3. On or about August 6, 2021, the Defendant DONNIE GIBBS; JACQUELINE PINKNEY GIBBS filed Chapter 13 Bankruptcy in the Northern District of Florida having case number 21-30518-KKS. As a result, the August 10, 2021 foreclosure sale was cancelled. 4. That the Second Amended Chapter 13 Plan called for direct payments to the Plaintiff and once the Plan is confirmed, creditors such as Plaintiff would have relief from stay. Please find the Second Amended Chapter 13 Plan attached hereto as Exhibit “A” and take note of paragraph 3.5. 5. That an Order Confirming Plan and Order to Debtor(s) was entered on or about February 18, 2022 granting relief. A copy of the bankruptcy order is attached hereto as Exhibit “b”. Electronically Filed Santa Rosa Case # 19000858CAMXAX 04/28/2022 09:00:36 AM PHH14951-19/sap 6. Plaintiff requests that the foreclosure sale be rescheduled no sooner than 60 (sixty) days. WHEREFORE, Plaintiff requests that an Order be entered rescheduling the foreclosure sale, as well as for such further relief as this Court deems just and proper. I HEREBY CERTIFY that a true and correct copy of the foregoing was sent to the parties and attorneys of record as shown on the attached service list. The service was completed on this 28™ day of April, 2022. On the service list, if an email address is designated for a party, then that party was served via email only. If no email address is listed for that defendant on the service list, then that party was served via regular U.S. Mail. VAN NESS LAW FIRM, PLC 1239 E. Newport Center Drive, Suite 110 Deerfield Beach, Florida 33442 Ph: (954) 571-2031 PRIMARY EMAIL: Pleadings@vanlawfl.com /s/J_ Anthony Van Ness O Mark C. Elia, Esq. Bar Number: 695734 Email: MElia@vanlawfl.com J. Anthony Van Ness, Esq. Bar Number: 391832 Email: TVanness@vanlawfl.com CASE NO: 19000858CAMXAX SERVICE LIST: DONNIE GIBBS 5524 KIMMONS RD MILTON, FL 32583 JACQUELINE E. GIBBS A/K/A JACQUELINE GIBBS 5524 KIMMONS RD MILTON, FL 32583 PROSE MARTIN S. LEWIS LEWIS & JURNOVOY, P.A. 1100 NORTH PALAFOX ST. PENSACOLA, FL 32501 Bankruptcy Attorney for Donnie & Jacqueline Gibbs Email: landj@lewisandjurnovoy.com PHH14951-19/sap Case 21-30518-KKS Doc50 Filed 01/27/22 Page1of5 FLNB LF 13-21 (Rev. 12/17) EXHIBIT "A" UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION In re: Donnie & Jacqueline Pinkney Gibbs Case No. 21-30518-KKS Debtor(s)! Chapter 13 4 Cheek if this is an AMENDED PLAN [Second SECOND AMENDED CHAPTER 13 PLAN PART 1: NOTICES To Creditors: Your rights may be affected by this plan. You should read this plan and other documents sent to you carefully and discuss them with your attorney. If you do not have an attorney, you may wish to consult one. If you oppose the plan’s treatment of your claim or any provision of this plan, you or your attorney must file an objection to confirmation prior to the CH 13 plan date set for the hearing on confirmation, unless otherwise ordered by the Bankruptcy Court. The Bankruptcy Court may confirm this plan without further notice if no objection to confirmation is filed. Creditors who are not individuals (i.e.: corporations, LLC’s, etc.) must have an attorney in order to have their objections considered by the Court. Creditors must file a timely proof of claim in order to be paid under any plan. To debtor: You must check one box on each line to state if the plan includes the following items. If an item is checked as “Not included,” or if both boxes are checked, the provision will be ineffective if set out later in the plan. 11 A limit on the amount of a secured claim, set out in § 3.2, which may Included result in a partial payment or no payment at all to the secured creditor. O Not included 1,2 | Debtor intends to avoid a judicial lien or security interest; see § 3.4. O Included @ Not included 1.3 | Nonstandard provisions, set out in Part 8. 4 Included QO Not included PART 2: PLAN PAYMENTS AND PLAN LENGTH 2.1 Payments to the Trustee: The future earnings or other future income of the Debtor is submitted to the supervision and control of the trustee. The debtor (or debtor’s employer) has paid to the Chapter 13 Trustee the sum of $2,940.00 through January 2022. The debtor (or debtor’s employer) shall pay to the Chapter 13 Trustee the sum of $780.00 MONTHLY, for 55 months. Total base of plan payments: $45,840.00. Payments shall be mailed to the Chapter 13 Trustee at: Leigh D. Glidewell, Chapter 13 Trustee, Lock Box 2238, Memphis, TN 38101-2238. Plan Length: The term of the plan is_60 months. ! All references to “debtor” shall include both debtors in a joint case. Case 21-30518-KKS Doc50 Filed 01/27/22 Page 2of5 2.2 Tax Refunds: Debtor will supply the trustee with a copy of each income tax return filed during the plan term within 14 days of filing the return and will turn over to the trustee all income tax refunds received during the plan term, unless otherwise provided in Part 8. 2.3 Additional Payments (check one): W None PART 3: TREATMENT OF SECURED CLAIMS Unless-otherwise-ordered-by the Court; the claim-amount(s), including the value of a-secured claim, stated: on a timely filed proof of claim will control over any contrary amount listed below. In the absence of a contrary timely filed proof of claim, the amounts stated below are controlling. 3.1 Secured Debts Which Will Extend Beyond the Length of the Plan @ None 3.2 Secured Debts Which Will Not Extend Beyond the Length of the Plan (a) Secured Claims Subject to Valuation Under 11 U.S.C. § 506. O None W Each of the following secured claims shall be paid through the plan as set forth below, until the secured value, as determined by the bankruptcy court, or the amount of the claim, whichever is less, has been paid in full. The portion of any allowed claim that exceeds the amount of the secured claim will be treated as an unsecured claim. The debtor must file a proper motion or notice if any secured claim is to be paid less than the amount shown ona timely filed proof of claim. Any remaining portion of the allowed claim shall be treated as a general unsecured claim. Name Proposed Total Interest Rate Amount of Secured Claim (if specified) W.S. BADCOCK $1,003.20 5.25% (MISC. HOUSEHOLD ITEMS) (b) Secured Claims Not Subject to Valuation Under 11 U.S.C. § 506. @ None (c) Determination of Secured Status and Strip Lien (11 U.S.C § 506). {4 None 3.3 Prepetition Defaults O None @_ Prepetition defaults owed to the following creditor(s) will be cured over the plan term, and payment of arrearages under this plan shall conclusively constitute payment of all pre-petition arrearages: Name Amount of Default Interest Rate to be Cured (if specified) DEUTSCHE BANK NATIONAL TRUST $32,521.70 NONE COMPANY C/O PHH MORTGAGE SERVICES (HOME & LOT - 5524 Kimmons Rd, Milton, FL) Page 2 Case 21-30518-KKS Doc50 Filed 01/27/22 Page 30f5 DEUTSCHE BANK NATIONAL TRUST $950.00 NONE COMPANY C/O PHH MORTGAGE SERVICES (Notice of Post-Petition Fees dated 01/18/2022) (HOME & LOT - 5524 Kimmons Rd, Milton, FL) 3.4 Motions to Avoid Lien W None 3.5 Direct Payments to Creditors G None ~The debtor shall make regular payments directly to the following creditors: Name Amount Monthly Interest Rate of Claim Payment (if specified) DEUTSCHE BANK NATIONAL TRUST $134,565.57 CONTRACT CONTRACT COMPANY C/O PHH MORTGAGE SERVICES AMOUNT RATE (HOME & LOT - 5524 Kimmons Rd, Milton, FL) CREDIT ACCEPTANCE CORPORATION $12,352.02 CONTRACT CONTRACT (2010 NISSAN MAXIMA) AMOUNT RATE Upon entry of the Order Confirming Plan, the automatic stay shall be terminated as to the in rem rights of the creditors whose secured claims are being paid direct by the debtor in § 3.5, above. 3.6 Property to be Surrendered @ None PART 4: TREATMENT OF TRUSTEE’S FEES, ATTORNEYS’ FEES AND OTHER PRIORITY CLAIMS, INCLUDING DOMESTIC SUPPORT OBLIGATIONS Trustee’s fees and all allowed priority claims, including domestic support obligations other than those treated in § 4.4(c), will be paid in full without post-petition interest. 4.1 Trustee’s Fee: Trustee’s fees are governed by statute and will be paid through the plan. Trustee’s fees may change during the course of the case. 4.2 Attorney’s Fee (unpaid portion): $4,000.00 (fees) $600.00 (costs) Pursuant to 11 U.S.C. § 521(f)(4)(B) and Standing Order(s) of this Court, the debtor shall file all required annual statements. Debtor’s attorney may seek additional fees for filing required annual statements; if the plan is modified due to an increase in income shown on an annual statement, the debtor’s attorney may seek additional fees for the plan modification. No advanced notice or opportunity to object to these fee applications will be given. 4.3 Filing Fee (unpaid portion): Any unpaid portion of the filing fee will be paid in accordance with the order granting the debtor’s application to pay the filing fee in installments. 4.4 Domestic Support Obligations Debtor has no Domestic Support Obligations Page 3 Case 21-30518-KKS Doc50 Filed 01/27/22 Page 4of5 4.5 Other Priority Claims W None PART 5: TREATMENT OF NONPRIORITY UNSECURED CLAIMS 5.1 General Nonpriority Unsecured Claims Allowed nonpriority unsecured claims that are not separately classified in Part 5.2 will be paid, pro rata. If more than one option is checked, the option providing the largest payment will be effective. Check all that apply. @ A total of $1.00. oO % of the total amount of these claims, an estimated payment of $ @ Funds remaining after disbursements have been made to all other creditors provided for in this plan. Allowed nonpriority unsecured claims shall be paid interest to the extent available, not to exceed 6%, unless otherwise provided in Part 8. 5.2 Separately Classified Nonpriority Unsecured Claims 4 None. If “None” is checked, the rest of Part 5.2 need not be completed or reproduced. PART 6: EXECUTORY CONTRACTS AND UNEXPIRED LEASES The executory contracts and unexpired leases listed below are assumed. All other executory contracts and unexpired leases are rejected. Check one. @ None. If “None” is checked, the rest of Part 6 need not be completed or reproduced. PART 7: STANDARD PLAN PROVISIONS 7.1 Title to the debtor’s property shall re-vest in debtor on confirmation of a plan or dismissal of the case, unless otherwise provided in Part 8, provided that proceeds from any potential or pending cause of action or other asset not yet liquidated, are property of the Estate and must be paid to the Chapter 13 Trustee pending further order of the Court. 7.2 Except as provided above, allowed secured claim holders shall retain liens until liens are released or upon completion of all payments under this Plan. 7.3 Secured creditors and lessors to be paid directly by the debtor and/or co-debtors may continue to mail to debtor the customary monthly notices or coupons notwithstanding the automatic stay. PART 8: NONSTANDARD PLAN PROVISIONS O None {A Under Bankruptcy Rule 3015(c), nonstandard provisions must be set forth below. A nonstandard provision is a provision not otherwise included in the Official Form or deviating from it. Nonstandard provisions set out elsewhere in this plan are ineffective. The following plan provisions will be effective only if there is a check in the box labeled “Included” in Part 1.3. DEBTORS SHALL PAY TO THE TRUSTEE THE TAX REFUNDS FOR THE FIRST THREE YEARS. Page 4 Case 21-30518-KKS Doc50 Filed 01/27/22 Page 5of5 PART 9: SIGNATURES OF DEBTOR AND DEBTOR’S ATTORNEY If the debtor does not have an attorney, the debtor must sign below; otherwise, the debtor’s signature is optional. The attorney for the debtor, if any, must sign below. Signature of Debtor 1 Signature of Debtor 2 ok | Date: Signature of Attorney for Debtor Martin S. Lewis/Steven D. Jurnovoy Bar No: 0100587/938221 1100 North Palafox Street Pensacola, FL 32501 Telephone: (850) 432-9110 Email: landj@lewisandjurnovoy.com By filing this document, the debtor, if not represented by an attorney, or the attorney for the debtor, certifies that the wording and order of the provisions in this Chapter 13 Plan are identical to those contained in the Official Form adopted by this Court effective on the date of signing, other than any nonstandard provisions included in Part 8.{www.flnb.uscourts.gov/sites/default/files/forms/If13_21.pdf}. Page 5 Case 21-30518-KKS Doc57 Filed 02/18/22 Page 1 of 2 FORM orenf13 (Rev. 06/15) UNITED STATES BANKRUPTCY COURT EXHIBIT "B" Northern District of Florida Pensacola Division In Re: Donnie Gibbs Bankruptcy Case No.: 21-30518-KKS SN Debtor Jacqueline Pinkney Gibbs Chapter: 13 aka Jacqueline P Gibbs, aka Jacqueline Gibbs, aka Judge: Karen K. Specie Jacqueline Elizabeth Gibbs, aka Jackie Gibbs WN _—— Joint Debtor ORDER CONFIRMING PLAN AND ORDER TO DEBTOR(S) Tt appearing that the Debtor(s)’ Chapter 13 Plan has been transmitted to all creditors of the Debtor(s), and it having been determined after notice and hearing that: 1 The Plan complies with the provisions of this Chapter and other applicable provisions of this Title; 2 Any fee, charge, or amount required under 28 U.S.C. Chapter 13 or by the Plan, to be paid before confirmation has been paid; The Plan has been proposed in good faith and not by any means forbidden by law; 4 The value, as of the effective date of the Plan, of property to be distributed under the Plan on account of each allowed unsecured claim is not less than the amount that would be paid on such claim if the estate of the Debtor(s) was liquidated under 11 U.S.C. Chapter 7 on such date; With respect to such allowed secured claim provided for by the Plan: A. The holder of such claim has accepted the Plan; B. The Plan provides for the holder of such claim to retain the lien securing such claim; and The value, as of the effective date of the Plan, or property to be distributed under the Plan on account of such claim is not less than the allowed amount of such claim; or C. The Debtor(s) surrenders the property securing such claim to such holder. The Debtor(s) will be able to make all payments under the Plan and to comply with said Plan. The action of the debtor in filing the petition was in good faith; The debtor has paid all amounts that are required to be paid under a domestic support oblication and that first become payable after the date of the filing of the petition if the debtor is required by a judicial or administrative order, or by statute, to pay such domestic support obligation; 9. The debtor has filed all applicable Federal, State, and local tax returns as required by Section 1308. IT IS ORDERED that the Debtor(s)’ Plan is CONFIRMED. IT IS FURTHER ORDERED that: 1. The Debtor(s) shall make any and all payments due under the confirmed Plan and any amendments thereto. Case 21-30518-KKS Doc57 Filed 02/18/22 Page 2 of 2 The Debtor(s) shall immediately notify, in writing, the Clerk of the Bankruptcy Court and the Chapter 13 Trustee of any change in the Debtor(s)’ address and of any termination, reduction of, or other change in the Debtor(s)’ employment. The Debtor(s) shall appear in Court whenever notified to do so by the Court. The Debtor(s) is prohibited from mortgaging, selling, or otherwise disposing of any personal or real property (other than homestead real property) without first obtaining written authorization from the Court after notice and hearing. The Trustee is directed to pay all secured and priority claims that are addressed in the Plan, as set forth in the Plan, even if the holders of such claims have not filed a Proof of Claim; provided, however, that if the Plan provides that a claim is to be paid as a secured claim, and the holder of that claim files only an unsecured claim, the Trustee is directed to treat the claim as an unsecured claim pursuant to the terms of the Plan, in the amount set forth on the filed Proof of Claim. If the Chapter 13 Plan provides to pay a secured creditor an amount with interest, and the total amount in the Plan exceeds the amount of the claim filed by the secured creditor, the Trustee is directed to pay the amount set forth in the Plan. The automatic stay is hereby lifted as to any property to be surrendered under the Plan. DONE AND ORDERED at Tallahassee, Florida, February 18, 2022. ls/ e Karen K. Specie U.S. Bankruptcy Judge SERVICE: Martin Lewis shall serve this document pursuant to the applicable Rules and file a certificate of service within three (3) days.