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ACcuASS, AO SC AIDN
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NW Mey DACA ICC
Latiesha Tieona Braxton Social Securty number
or 1:
Debtor 1 -
FirstName Middle Name Last Name EIN:
Debtor 2: Social Security number or ITIN:
(Spouse, if fing) FirstName Middle Name LastName EIN: or
Date case fled for chapter: om
United States Bankruptcy Court: Middle Districtof Florida 13 4/25/23 om
RQ
Case number: 2:23-bk-00472-FMD.
Tin
or
Official
Form 3091 oo
ex a
BS
2
Notice of Chapter 13 Bankruptcy Case 1
For the debtors listed above, a case has been filed under chapter 13 of the Bankruptcy Code. An order for relief has a
been entered.
This notice has important information about the case for creditors, debtors, and trustees, including information about
the meeting of creditors and deadlines. Read both pages carefully.
The filing of the case imy an automatic stay against most collection activities. This means that creditors generally may not take action to collect debts
from the debtors, the debtors’ property, and certain codebtors. For example, while the stay isin effect, creditors cannot sue, garnish wages, assert a
deficiency, repossess property, or otherwise try to collect from the debtors. Creditors cannot demand repayment from debtors by mall, jone, OF
‘otherwise. Creditors who violate the stay can be required to pay actual and punitive damages and attomey's fees. Under certain circumstances, the stay
may be limited to 30 days or not exist at all, although debtors can ask the court to extend or impose a stay.
Confirmation of a chapter 13 plan may result in a discharge. Creditors who assert that the debtors are not entitled to a discharge under 11 U.S.C. §
1328() must file a motion objecting to discharge in the bankruptcy clerk's office within the deadline specified in this notice. Creditors who want to have
their debt excepted from discharge may be required to file a complaint in the bankruptcy clerk's office by the same deadline. (See line 13 below for more
information.)
0 stect your rights, consult an attorney. All documents filed in the ca:7 se may bo inspected atthe bankupty clr’ office atthe acres sted below or
Trdugh PACE R 'ublic Access to Court Electronic Records at
The staff of the bankruptcy clerk's office cannot give legal advice.
To help creditors correctly identify debtors, debtors submit full Social Security or Individual Taxpayer Identification
Numbers, which may appear on a version of this notice. However, the full numbers must not appear on any document
filed with the court.
Do not file this notice with any proof of claim or other filing in the case. Do not include more than the last four digits of
a Social Security or Individual Taxpayer Identification Number in any document, including attachments, that you file
with the court.
About Debtor 1: About Debtor 2:
1. Debtor's full name Latiesha Tieona Braxton
2. All other names used in the
last 8 years
aka Latiesha T Braxton
3. Address 19413 Mossy Ledge Terrace
Lehigh Acres, FL
Contact phone 239-939-0900
Debtor's attorney Tho Delt Law Group, PA
4, ‘Name and address 1436 Royal Palm Square Blvd.
Fort Myers, FL 33919-1049
Email, dampley@ delutiawaroup.com
Contact phone 941-747-4644
5. Bankt rupley
Name
Trustee
address POBradenton,
Box 5001FL 34206-5001
6. Bankruptcy Clerk's Office Hours open:
Documents in this case may be filed Monday — Friday 8:30 AM - 4:00PM.
at thisa . m M.. Gibbons United States Courthouse
You may inspect all records filed in 801 N. Florida Ave. Suite 5: Contact phone 813-301-5162
this case at this office or online at Tampa, FL -3899
Date: April 26, 2023
For more information, see page 2
Official Form 3091 Notice of Chapter 13 Bankruptcy
Case page 1
026307 21708026333014
Debtor Latiesha Tieona Braxton
17. Meeting of creditors june 1, 2023 at 09:15 AM
Case number 2:23-bk-00472-FMD
Meeting will be held telephonically
EE
Debtors must attend the meeting to Trustee: Jon Waage
be questioned under oath, In a joint Call in number: 877-467-0853
case, both spouses must attend. Passcode: 67359)
Creditors may attend, but are not The meeting may be continued or adjourned to a
equired to do so. You later date. If so, the date will be on the court docket.
reminded that Local Rule 5073-1
restricts the entry of personal
electronic devices into the
Courthouse.
*** Debtor must provide a Photo ID and acceptable proof of Social Security Numberto the Trustee in the manner directed by the Trustee. ***
18. Deadlines Deadline to a complaint to challenge Filing deadline: July 31, 2023
The bankruptey clerk's office must dischargeability of certain debts:
receive these documents and any
required fling fee by the following
deadlines. You must file:
a motion if you assert that the debtors are
not entitled to receive a discharge under
USC. § 1328(f) or
complaint if you want to have a particular
debt excepted from discharge under
IL U.S.C. § 523(a)(2) or (4).
Deadline for all creditors to file a proof of claim Filing deadline: July 5, 2023
(except governmental units)
Deadline for governmental units to file a proof of For a governmental unit 180 days from
claim:
Deadlines for ing proof of claim:
A proof of claim is a signed statement describing a creditor's claim. A proof of claim form may be filed online at
the Court's website at ‘or obtained at or at any bankruptcy clerk's
office.
I you do not file a proof of claim by the deadline, you might not be paid on Your claim. Tobe pad, you must le
a proof of claim even if your claim is listed in the schedules that the debtor filed
Secured creditors retain rights in their collateral regardless of whether they file a proof of claim. Fling a proof of
claim submits the creditor to the jurisdiction of the bankruptcy court, with consequences a lawyer can explain.
For example, a secured creditor who files a proof of claim may surrender important nonmonetary rights,
including the right to a jury trial.
Attention Mortgage Holders: Attachments to your Proof of Claim may be required by changes to Rule 3001.
Forms and attachments are available at at
Deadline to object to exemptions: Filing deadlin 30 days after the
The law permits debtors to keep certain property as exempt. if you conclusion of the
believe that the law does not authorize an exemption claimed, you meeting of creditors
may file an objection.
9. Filing of plan, hearing on The plan will be sent separately. The intial confirmation hearing will be held on:
confirmation of plan ‘August 3, 2023at /:30 PM, Location: tom 4-102, Hearing Room, United States Courthouse, 2110 First
St. Fort Myers, FL 33901
Debtors and their attorneys are not required to attend the Initial Confirmation Hearing because, in most cases, the Initial
Confirmation Hearing will be continued to a date after the deadline for filing proofs of claim. However, the Court will hear
and may rule on motions and objections that are separately noticed for hearing for the same time as the Initial Confirmation
Local Rule 5073=1 restricts the entry of electronic devices and mobile phones into the Courthouse.
10. Creditors with a foreign Ht you are a creditor receiving a notice mailed to foreign address, you may file a motion asking the court to extend the deadine in
this notice. Consult an attomey familiar with United States bankruptcy law it you have any questions about your rights in this case.
address
11. Filing a chapter 13 ‘Chapter 13 allows an individual with regular income and debts below a specified amountto adjust debts according to a pian. A plan is
‘ot effective uniess the court confirms if. You mayob ‘confirmation of the plan and peat atthe confirmation hearing. A of
bankruptcy case plan, if not enclosed, will be sent to you later, and if the confirmation hearing is no int deat ted on this notice, you will be sent notice
of the confirmation heat The debtor will remain in possession of the property and may continue to operate the business, if any,
unless the court orders otherwise.
12. Exempt property ‘The law allows debtors to keep certain property as exempt Fly exempt propery wl nat be sald and dtinte io rao, oven
the caso is converted to cha 4 7 Debtors must fe a st jaimed as exempt. You may inspect that list at the bankru
Clerk's office or online at hi f you beleve tat he law does not authorize an exemption that debtors ll med,
you may fle an objection’ ine.
13. Discharge of debts Confirmation of a chapter 13saan ‘may result ina discharge of debts, which may include all or par of a debt. However,
unless the court orders otherwise, the debts will not be discharged until all payments under the plan are made. A discharge
means that creditors may never try to collect the debt from the debtors personally except as provided in the plan, If you
‘want to have a particular debt excepted from discharge under 11 U.S.C. § 523(a)(2) or (4), you must file a complaint and
pay the filing fee in the bankruptcy clerk’ office by the deadline. If you believe that the debtors are not entitled to 2
discharge of any of their debis under 11 U.S.C. § 1328(P), you must file a motion. The bankruptcy clerk's office must
receive the objection by the deadline to object to exemptions in line 8.
14. Voice Case Info. System MeVCIS provides basic case information conceming deadlines such as case opening and closing date, discharge date and
(McVCIS) whether a case has assets or not. McVCIS is accessible 24 hours a day except when routine maintenance is performed. To
access McVCIS tol free call 1-866-222-8029.
Official Form 3091 Notice of Chapter13 Bankruptcy Case page 2
026307 21708026333014
LL
UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF FLORIDA
IN RE: CASE NO.:
Latiesha Tieona Braxton
Debtor(s)
CHAPTER 13 PLAN
A. NOTICES.
Debtor! must check one box on each line to state whether or not the Plan includes each of the following items. If an item is checked as “Not
Included,” if both boxes are checked, or if neither box is checked, the provision will be ineffective if set out later in the Plan.
A limit on the amount ofa secured claim based on a valuation which may result in a partial payment W Included ONot included
or no payment at all to the secured creditor. See Sections C.5(d) and (¢). A separate motion will be
filed.
‘Avoidance of a judicial lien or nonpossessory, nonpurchase money security interest under 11 U.S.C. § | ll Included "| CINot Included
522(f). A separate motion will be filed. See Section C.5(e).
Nonstandard provisions, set out in Section E. a Included ONot Included
THIS AMENDED PLAN PROVIDES FOR PAYMENTS TO CREDITOR/LESSOR [NAME OF —_| [7 Included @ Not Included
SECURED CREDITOR/LESSOR] TO BE INCLUDED IN PLAN PAYMENTS; THE
AUTOMATIC STAY IS REINSTATED AS TO THIS CREDITOR. i — -
NOTICE TO DEBTOR: IF YOU ELECT TO MAKE DIRECT PAYMENTS TO A SECURED CREDITOR UNDER SECTION C.5(i) OF
THIS PLAN, TO SURRENDER THE SECURED CREDITOR’S COLLATERAL UNDER SECTION C.5(j), TO NOT MAKE PAYMENTS
TO THE SECURED CREDITOR UNDER SECTION C.5(k), OR IF PAYMENTS TO A SECURED CREDITOR ARE NOT
SPECIFICALLY INCLUDED IN THE PLAN PAYMENTS, THE AUTOMATIC STAY DOES NOT APPLY, AND THE CREDITOR MAY
TAKE ACTION TO FORECLOSE OR REPOSSESS THE COLLATERAL.
SECURED CREDITORS INCLUDE THE HOLDERS OF MORTGAGE LOANS, CAR LOANS, AND OTHER LOANS FOR WHICH
THE SECURED CREDITOR HAS A SECURITY INTEREST IN PERSONAL OR REAL PROPERTY COLLATERAL.
B. MONTHLY PLAN PAYMENTS. Plan payments (“Plan Payments”) include the Trustee’s fee of 10% and shall begin 30 days from
petition filing/conversion date. Debtor shall make Plan Payments to the Trustee for the period of __60__ months.lf the Trustee does not
retain the full 10%, any portion not retained will be disbursed to allowed claims receiving payments under the Plan and may cause an
increased distribution to the unsecured class of creditors.
$s 894.00 from month 4 through
$ 421.00 from month 7 through
$ from month _ ‘through
PROPOSED DISTRIBUTIONS.
1, ADMINISTRATIVE ATTORNEY’S FEES,
Base Fee$ 4,500.00 Total Paid Prepetition $ 1,400.00 Balance Due $ 3,100.00
MMM FEE$ 1,800.00 Total Paid Prepetition $ 0.00 Balance Due$ 1,800.00
Estimated Monitoring Fee at$ 50.00 per Month.
Attorney's Fees Payable Through Plan at $ 0.00 _ Monthly (subject to adjustment).
2. DOMESTIC SUPPORT OBLIGATIONS (as defined in 11 U.S.C. §101(14A).
‘Acct. No. Creditor ‘Total Claim Amount.
-NONE- - ||
3. PRIORITY CLAIMS: (as defined in 11 U.S.C. §507).
-
Last Four Digits of Acct. No. Creditor Total Claim Amount]
[:-NONE-
' All references to “Debtor” include and referto both of the debtors in a case filed jointly by two individuals.
Effective August 1, 2020
026307 21708026333023
4. TRUSTEE FEES. From each Plan Payment received from Debtor, the Trustee shall receive a fee, the percentage of which is
fixed periodically by the United States Trustee.
ES
5. SECURED CLAIMS. Pre-confirmation payments allocated to secured creditors under the Plan, other than amounts allocated to
cure arrearages, shall be deemed adequate protection payments. The Trustee shall disburse adequate protection payments to secured creditors prior to
confirmation, as soon as practicable, if the Plan provides for payment to the secured creditor, the secured creditor has filed a proof of claim, or
Debtor or Trustee has filed a proofof claim for the secured creditor under 11 U.S.C. § 501(c), and no objection to the claim is pending. If Debtor’s
Plan Payments are timely paid, payments to secured creditors under the Plan shall be deemed contractually paid on time.
(a) Claims Secured by Debtor’s Principal Residence that Debtor Intends to Retain - Mortgage, HOA and Condominium
Association Assessments, and Arrears, if any, Paid Through the Plan Under 11 U.S.C. § 1322(b)(5). Debtor will cure
petition arrearages and maintain regular monthly postpetition payments on the following claims secured by Debtor’s principal
residence. Under 11 U.S.C. § 1328(a)(1), Debtor will not receive a discharge of personal liability on these claims.
Postpetition mortgage payments must be included in the Plan Payments. Mortgage payments are due on the first payment due
date after the case is filed and continue monthly thereafter. The amount of postpetition mortgage payments may be adjusted as
provided for under the loan documents. Postpetition ongoing homeowner’s association and condominium association assessments
may be included in the Plan or may be paid direct. If Debtor intends to pay postpetition assessments through the Plan, list the
Regular Monthly Payment. If Debtor intends to pay postpetition assessments direct, state “Direct” in the Regular Monthly
Payment column
|Last Four Creditor | Collateral | Regular Gap Payment | Arrears|
4
Digits of Acct. Address Monthly
No. Payment 4 - |
l None 1I - -
(b) Claims Secured by Other Real Property that Debtor Intends to Retain - Mortgage, HOA and Condom
Association Assessments, and Arrears, if any, Paid Through the Plan Under 11 U.S.C. § 1322(b)(5). Debtor will cure
prepetition arrearages and maintain regular monthly postpetition payments on the following claims secured by Debtor’s real
property. Under 11 U.S.C. § 1328(a)(1), Debtor will not receive a discharge of personal liability on these claims.
Postpetition mortgage payments must be included in the Plan Payments. Mortgage payments are due on the first payment due
date after the case is filed and continue monthly thereafter. The amount of postpetition mortgage payments may be adjusted as
provided for under the loan documents. Postpetition ongoing homeowner’s association and condominium association assessments.
may be included in the Plan or may be paid direct. If Debtor intends to pay postpetition assessments through the Plan, list the
Regular Monthly Payment. If Debtor intends to pay postpetition assessments direct, state “Direct” in the Regular Monthly
Payment column.
Last Four |Creditor Collateral Regular ~~ Gap Payment Arrears
Dini of Acct. Address Monthly
Payment |
|
None |
(©) Claims Secured by Real Property - Debtor Seeks Mortgage Modification Mediation (MMM). No later than 90 days
from the petition date or the date the case converts to Chapter 13, Debtor shall file a motion seeking MMM. Information
and forms related to MMM are available in the Court’s procedure manual on the Court’s website,
www.flmb.uscourts.gov. Pending the resolution of the MMM, the Plan Payments shall include the following adequate protection
payments to the Trustee: (1) for homestead property, the lesser of 31% of gross monthly income of Debtor and non-filing
spouse, if any (after deducting homeowner's association fees), or the normal monthly contractual mortgage payment; or (2) for
non-homestead, income-producing property, 75% of the gross rental income generated from the property. If Debtor obtains a
modification of the mortgage, the modified payments shall be included in the Plan Payments, Debtor will not receive a discharge
of personal liability on these claims.
Last Four Digits of Creditor | Collateral Address Adequate Protection
_Acet. No. - Payment
[roses 3 Shellpoint 19413 Mossy Ledge Terrace Lehigh Acres, 425.00
Mortgage Serv'g | FL 33936 Lee County -
(d) Claims Secured by Real Property or Personal Property to Which 11 U.S.C. § 506 Valuation APPLIES (Strip Down).
Under 11 U. § 1322(b)(2), this provision does not apply to a claim secured solely by Debtor’s principal residence. A
separate motion to determine secured status or to value the collateral must be filed. Payment on the secured portion of the
claim, estimated below, is included in the Plan Payments. Unless otherwise stated in Section E, the Plan Payments do not include
payments for escrowed property taxes or insurance. 1
|Last Four | Creditor Collateral Claim Value | Payment | Interest
Digits of \| Description/ Amount i Through | Rate
| I
Acct. No. Address | Plan-
026307 21708026333023
—
‘Last Four | Creditor Collateral Claim Value | Payment Interest |
Digits of Description/ Amount i Through Rate
Acct. No. Address Plan
OOK Ally Financial, | 2016 Mitsubishi 19,329.00 6,000.00, 125.00 8.75%
481 Inc Outlander SEL
2WD 92,000 miles
VIN:
| JA4AD3A31GZ0215
'40 (awarded to’ |
Debtor in divorce). | |
|
Needs
transmission, does |
Le not currently run L
(©) Liens to be Avoided Under 11 U.S.C. § 522 or Stripped Off Under 11 U.S.C. § 506. Debtor must file a separate motion
under 11 U.S.C. § 522 to avoid a judicial lien or a nonpossessory, nonpurchase money security interest because it impairs an
exemption or under I! U.S.C. § 506 to determine secured status and to strip a lien.
Last Four Digits of Acct. No. Creditor Collateral Description/
Address
Jefferson Capital Sys., LLC 19413 Mossy Ledge Terrace Lehigh Acres, FL
33936 Lee County
XXKXX0B28 Midland Credit Mgmt — 19413 Mossy Ledge Terrace Lehigh Acres, FL
33936 Lee County
XXXXXXKXXXXXIIEO Tmpa Pstifcu 419413 Mossy Ledge Terrace Lehigh Acres, FL
Lo 33936 Lee County
( Payments on Claims Secured by Real Property and/or Personal Property to Which 11 U.S.C. § 506 Valuation DOES
NOT APPLY Under the Final Paragraph in 11 U.S.C. § 1325(a). The claims listed below were either: (1) incurred within 910
days before the petition date and secured by a purchase money security interest in a motor vehicle acquired for Debtor's personal
use; or (2) incurred within one year of the petition date and secured by a purchase money security interest in any other thing of
value. These claims will be paid in full under the Plan with interest at the rate stated below.
“| Collateral T Interest Rate|
Last Four [Creditor Claim Payment
Digits of Acet. Description! Amount Through Plan
No. i | Address b
-NONE- |
| | |
(g) Claims Secured by Real or Personal Property to be Paid with Interest Through the Plan Under 11 U.S.C. § 1322(b)(2).
The following secured claims will be paid in full under the Plan with interest at the rate stated below.
Last Four Digits of | Creditor Collateral T Claim Amount Payment Through | Interest Rate
Acct No. Description/Address Plan
-NONE-
- -
(h) Claims Secured by Personal Property — Maintaining Regular Payments and Curing Arrearages, if any, Under 11
US.C. § 1325(b)(5). Under 11 U.S.C. § 1328(a)(1), unless the principal amount of the claim is paid in full through the Plan,
Debtor will not receive a discharge of personal liability on these claims.
Last Four Creditor Collateral Regular ‘Arrearage
Digits of Acct Description Contractual
No. - Payment
(i) Secured Claims Paid Directly by Debtor. The following secured claims are being made via automatic debit/draft from
Debtor’s depository account and will continue to be paid directly to the creditor or lessor by Debtor outside the Plan via
automatic debit/draft. The automatic stay under 11 U.S.C. §§ 362(a) and 1301(a) is terminated in rem as to Debtor and in rem and
in personam as to any codebtor as to these creditors and lessors upon the filing of this Plan. Nothing herein is intended to
terminate or abrogate Debtor’s state law contract rights. Because these secured claims are not provided for under the Plan, under
11 U.S.C § 1328(a), Debtor will not receive a discharge of personal liability on these claims.
026307 21708026333032
-
-
| Last Four ts of Acct. No. | Creditor | Property/Collateral _
Caloosa Lakes HOA 19413 Mossy Ledge Terrace Lehigh Acres, FL 33936 Lee
County
| x9000X8364 Department of HUD — 19413 Mossy Ledge Terrace Lehigh Acres, FL 33936 Lee
County
| Florida Gov't Utility Auth’y 19413 Mossy Ledge Terrace Lehigh Acres, FL 33936 Lee
|
LO _ County
Torrance J. Cook 19413 Mossy Ledge Terrace Lehigh Acres, FL 33936 Lee
_ _ County
(j) Surrender of Collateral/Property that Secures a Claim. Debtor will surrender the following collateral/property. The
automatic stay under 11 U.S.C. §§ 362(a) and 1301(a) is terminated in rem as to Debtor and in rem and in personam as to any
codebtor as to these creditors upon the filing of this Plan.
Last 4 Digits of Acct “ einer t 'Collatera/Property Description/Address
-NONE- - - | -
(k) Secured Claims that Debtor Does Not Intend to Pay. Debtor does not intend to make payments to the following secured
creditors. The automatic stay under 11 U.S.C. §§ 362(a) and 1301(a) is terminated in rem as to Debtor and in rem and in
personam as to any codebtor with respect to these creditors upon the filing of this Plan. Debtor’s state law contract rights and
defenses are neither terminated nor abrogated. Because these secured claims are not provided for under the Plan, under 11 U.S.C
§ 1328(a), Debtor will not receive a discharge of personal liability on these claims.
Last Four ts of Acct.No. Creditor | Collateral
| Description/Address
|-NONE- - - |
6. LEASES / EXECUTORY CONTRACTS. As and for adequate protection, the Trustee shall disburse payments to creditors
under leases ot executory contracts prior to confirmation ofthe Plan, as soon as practicable, if the Plan provides for payment to creditor/lessor, the
creditor/lessor has filed a proof
of claim, or Debtor or Trustee has filed a proofof claim for the secured creditor/lessor under 11 U.S.C. § 501(c), and
1no objection to the claim is pending. If Plan Payments are timely paid, payments to creditors/lessors under the Plan shall be deemed contractually
paid on time.
(a) Assumption of Leases/Executory Contracts for Real or Personal Property to be Paid and Arrearages Cured Through
the Plan Under 11 U. . § 1325(b)(5). Debtor assumes the following leases/executory contracts and proposes the prompt cure
of any prepetition arrearage as follows. Under 11 U.S.C. § 1328(a)(1), if the claim of the lessor/creditor is not paid in full through
the Plan, Debtor will not receive a discharge of personal liability on these claims.
Last Four Digits | Creditor/Lessor | Description of [Regular ‘Arrearage and!
| of Acct No. Leased Property Contractual Proposed Cure
- Payment
|-NONE- | i _
(b) Assumption of Leases/Executory Contracts for Real or Personal Property to be Paid Directly by Debtor. Debtor
assumes the following lease/executory contract claims that are paid via automatic debitdraft from Debtor's depository account
and are to continue to be paid directly to the creditor or lessor by Debtor outside the Plan via automatic debit/draft. The automatic
stay under 11 U.S.C. §§ 362(a) and 1301(a) is terminated in rem as to Debtor and in rem and in personam as to any codebtor as
to these creditors and lessors upon the filing of this Plan. Nothing herein is intended to terminate or abrogate Debtor’s state law
contract rights, Because these leases/executory contracts are not provided for under the Plan, under 11 U.S.C § 1328(a), Debtor
will not receive a discharge of personal liability on these claims.
Last Four Digits of Acct. No. __|Creditor/Lessor Property/Collateral
-NONE- i
. - - 1
(©) Rejection of Leases/Executory Contracts and Surrender of Real or Personal Leased Property. Debtor rejects the
following leases/executory contracts and will surrender the following leased real or personal property. The automatic stay under
11 U.S.C. §§ 362(a) and 1301(a) is terminated in rem as to Debtor and in rem and in personam as to any codebtor as to these
creditors and iessors upon the filing of this Plan,
‘Last Four Digits of Acct. No. Creditor/Lessor Property/Collateral to be
- Surrendered
-NONE- . _
7. GENERAL UNSECURED CREDITORS, General unsecured creditors with allowed claims shall receive a pro rata share of
the balance of any funds remaining after payments to the above-referenced creditors or shall otherwise be paid under a subsequent Order Confirming
4
026307 21708026333032
- —
Plan, The estimated dividend to unsecured creditors shall beno less tha
Preview
ACcuASS, AO SC AIDN i QISC NW Mey DACA ICC Latiesha Tieona Braxton Social Securty number or 1: Debtor 1 - FirstName Middle Name Last Name EIN: Debtor 2: Social Security number or ITIN: (Spouse, if fing) FirstName Middle Name LastName EIN: or Date case fled for chapter: om United States Bankruptcy Court: Middle Districtof Florida 13 4/25/23 om RQ Case number: 2:23-bk-00472-FMD. Tin or Official Form 3091 oo ex a BS 2 Notice of Chapter 13 Bankruptcy Case 1 For the debtors listed above, a case has been filed under chapter 13 of the Bankruptcy Code. An order for relief has a been entered. This notice has important information about the case for creditors, debtors, and trustees, including information about the meeting of creditors and deadlines. Read both pages carefully. The filing of the case imy an automatic stay against most collection activities. This means that creditors generally may not take action to collect debts from the debtors, the debtors’ property, and certain codebtors. For example, while the stay isin effect, creditors cannot sue, garnish wages, assert a deficiency, repossess property, or otherwise try to collect from the debtors. Creditors cannot demand repayment from debtors by mall, jone, OF ‘otherwise. Creditors who violate the stay can be required to pay actual and punitive damages and attomey's fees. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although debtors can ask the court to extend or impose a stay. Confirmation of a chapter 13 plan may result in a discharge. Creditors who assert that the debtors are not entitled to a discharge under 11 U.S.C. § 1328() must file a motion objecting to discharge in the bankruptcy clerk's office within the deadline specified in this notice. Creditors who want to have their debt excepted from discharge may be required to file a complaint in the bankruptcy clerk's office by the same deadline. (See line 13 below for more information.) 0 stect your rights, consult an attorney. All documents filed in the ca:7 se may bo inspected atthe bankupty clr’ office atthe acres sted below or Trdugh PACE R 'ublic Access to Court Electronic Records at The staff of the bankruptcy clerk's office cannot give legal advice. To help creditors correctly identify debtors, debtors submit full Social Security or Individual Taxpayer Identification Numbers, which may appear on a version of this notice. However, the full numbers must not appear on any document filed with the court. Do not file this notice with any proof of claim or other filing in the case. Do not include more than the last four digits of a Social Security or Individual Taxpayer Identification Number in any document, including attachments, that you file with the court. About Debtor 1: About Debtor 2: 1. Debtor's full name Latiesha Tieona Braxton 2. All other names used in the last 8 years aka Latiesha T Braxton 3. Address 19413 Mossy Ledge Terrace Lehigh Acres, FL Contact phone 239-939-0900 Debtor's attorney Tho Delt Law Group, PA 4, ‘Name and address 1436 Royal Palm Square Blvd. Fort Myers, FL 33919-1049 Email, dampley@ delutiawaroup.com Contact phone 941-747-4644 5. Bankt rupley Name Trustee address POBradenton, Box 5001FL 34206-5001 6. Bankruptcy Clerk's Office Hours open: Documents in this case may be filed Monday — Friday 8:30 AM - 4:00PM. at thisa . m M.. Gibbons United States Courthouse You may inspect all records filed in 801 N. Florida Ave. Suite 5: Contact phone 813-301-5162 this case at this office or online at Tampa, FL -3899 Date: April 26, 2023 For more information, see page 2 Official Form 3091 Notice of Chapter 13 Bankruptcy Case page 1 026307 21708026333014 Debtor Latiesha Tieona Braxton 17. Meeting of creditors june 1, 2023 at 09:15 AM Case number 2:23-bk-00472-FMD Meeting will be held telephonically EE Debtors must attend the meeting to Trustee: Jon Waage be questioned under oath, In a joint Call in number: 877-467-0853 case, both spouses must attend. Passcode: 67359) Creditors may attend, but are not The meeting may be continued or adjourned to a equired to do so. You later date. If so, the date will be on the court docket. reminded that Local Rule 5073-1 restricts the entry of personal electronic devices into the Courthouse. *** Debtor must provide a Photo ID and acceptable proof of Social Security Numberto the Trustee in the manner directed by the Trustee. *** 18. Deadlines Deadline to a complaint to challenge Filing deadline: July 31, 2023 The bankruptey clerk's office must dischargeability of certain debts: receive these documents and any required fling fee by the following deadlines. You must file: a motion if you assert that the debtors are not entitled to receive a discharge under USC. § 1328(f) or complaint if you want to have a particular debt excepted from discharge under IL U.S.C. § 523(a)(2) or (4). Deadline for all creditors to file a proof of claim Filing deadline: July 5, 2023 (except governmental units) Deadline for governmental units to file a proof of For a governmental unit 180 days from claim: Deadlines for ing proof of claim: A proof of claim is a signed statement describing a creditor's claim. A proof of claim form may be filed online at the Court's website at ‘or obtained at or at any bankruptcy clerk's office. I you do not file a proof of claim by the deadline, you might not be paid on Your claim. Tobe pad, you must le a proof of claim even if your claim is listed in the schedules that the debtor filed Secured creditors retain rights in their collateral regardless of whether they file a proof of claim. Fling a proof of claim submits the creditor to the jurisdiction of the bankruptcy court, with consequences a lawyer can explain. For example, a secured creditor who files a proof of claim may surrender important nonmonetary rights, including the right to a jury trial. Attention Mortgage Holders: Attachments to your Proof of Claim may be required by changes to Rule 3001. Forms and attachments are available at at Deadline to object to exemptions: Filing deadlin 30 days after the The law permits debtors to keep certain property as exempt. if you conclusion of the believe that the law does not authorize an exemption claimed, you meeting of creditors may file an objection. 9. Filing of plan, hearing on The plan will be sent separately. The intial confirmation hearing will be held on: confirmation of plan ‘August 3, 2023at /:30 PM, Location: tom 4-102, Hearing Room, United States Courthouse, 2110 First St. Fort Myers, FL 33901 Debtors and their attorneys are not required to attend the Initial Confirmation Hearing because, in most cases, the Initial Confirmation Hearing will be continued to a date after the deadline for filing proofs of claim. However, the Court will hear and may rule on motions and objections that are separately noticed for hearing for the same time as the Initial Confirmation Local Rule 5073=1 restricts the entry of electronic devices and mobile phones into the Courthouse. 10. Creditors with a foreign Ht you are a creditor receiving a notice mailed to foreign address, you may file a motion asking the court to extend the deadine in this notice. Consult an attomey familiar with United States bankruptcy law it you have any questions about your rights in this case. address 11. Filing a chapter 13 ‘Chapter 13 allows an individual with regular income and debts below a specified amountto adjust debts according to a pian. A plan is ‘ot effective uniess the court confirms if. You mayob ‘confirmation of the plan and peat atthe confirmation hearing. A of bankruptcy case plan, if not enclosed, will be sent to you later, and if the confirmation hearing is no int deat ted on this notice, you will be sent notice of the confirmation heat The debtor will remain in possession of the property and may continue to operate the business, if any, unless the court orders otherwise. 12. Exempt property ‘The law allows debtors to keep certain property as exempt Fly exempt propery wl nat be sald and dtinte io rao, oven the caso is converted to cha 4 7 Debtors must fe a st jaimed as exempt. You may inspect that list at the bankru Clerk's office or online at hi f you beleve tat he law does not authorize an exemption that debtors ll med, you may fle an objection’ ine. 13. Discharge of debts Confirmation of a chapter 13saan ‘may result ina discharge of debts, which may include all or par of a debt. However, unless the court orders otherwise, the debts will not be discharged until all payments under the plan are made. A discharge means that creditors may never try to collect the debt from the debtors personally except as provided in the plan, If you ‘want to have a particular debt excepted from discharge under 11 U.S.C. § 523(a)(2) or (4), you must file a complaint and pay the filing fee in the bankruptcy clerk’ office by the deadline. If you believe that the debtors are not entitled to 2 discharge of any of their debis under 11 U.S.C. § 1328(P), you must file a motion. The bankruptcy clerk's office must receive the objection by the deadline to object to exemptions in line 8. 14. Voice Case Info. System MeVCIS provides basic case information conceming deadlines such as case opening and closing date, discharge date and (McVCIS) whether a case has assets or not. McVCIS is accessible 24 hours a day except when routine maintenance is performed. To access McVCIS tol free call 1-866-222-8029. Official Form 3091 Notice of Chapter13 Bankruptcy Case page 2 026307 21708026333014 LL UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA IN RE: CASE NO.: Latiesha Tieona Braxton Debtor(s) CHAPTER 13 PLAN A. NOTICES. Debtor! must check one box on each line to state whether or not the Plan includes each of the following items. If an item is checked as “Not Included,” if both boxes are checked, or if neither box is checked, the provision will be ineffective if set out later in the Plan. A limit on the amount ofa secured claim based on a valuation which may result in a partial payment W Included ONot included or no payment at all to the secured creditor. See Sections C.5(d) and (¢). A separate motion will be filed. ‘Avoidance of a judicial lien or nonpossessory, nonpurchase money security interest under 11 U.S.C. § | ll Included "| CINot Included 522(f). A separate motion will be filed. See Section C.5(e). Nonstandard provisions, set out in Section E. a Included ONot Included THIS AMENDED PLAN PROVIDES FOR PAYMENTS TO CREDITOR/LESSOR [NAME OF —_| [7 Included @ Not Included SECURED CREDITOR/LESSOR] TO BE INCLUDED IN PLAN PAYMENTS; THE AUTOMATIC STAY IS REINSTATED AS TO THIS CREDITOR. i — - NOTICE TO DEBTOR: IF YOU ELECT TO MAKE DIRECT PAYMENTS TO A SECURED CREDITOR UNDER SECTION C.5(i) OF THIS PLAN, TO SURRENDER THE SECURED CREDITOR’S COLLATERAL UNDER SECTION C.5(j), TO NOT MAKE PAYMENTS TO THE SECURED CREDITOR UNDER SECTION C.5(k), OR IF PAYMENTS TO A SECURED CREDITOR ARE NOT SPECIFICALLY INCLUDED IN THE PLAN PAYMENTS, THE AUTOMATIC STAY DOES NOT APPLY, AND THE CREDITOR MAY TAKE ACTION TO FORECLOSE OR REPOSSESS THE COLLATERAL. SECURED CREDITORS INCLUDE THE HOLDERS OF MORTGAGE LOANS, CAR LOANS, AND OTHER LOANS FOR WHICH THE SECURED CREDITOR HAS A SECURITY INTEREST IN PERSONAL OR REAL PROPERTY COLLATERAL. B. MONTHLY PLAN PAYMENTS. Plan payments (“Plan Payments”) include the Trustee’s fee of 10% and shall begin 30 days from petition filing/conversion date. Debtor shall make Plan Payments to the Trustee for the period of __60__ months.lf the Trustee does not retain the full 10%, any portion not retained will be disbursed to allowed claims receiving payments under the Plan and may cause an increased distribution to the unsecured class of creditors. $s 894.00 from month 4 through $ 421.00 from month 7 through $ from month _ ‘through PROPOSED DISTRIBUTIONS. 1, ADMINISTRATIVE ATTORNEY’S FEES, Base Fee$ 4,500.00 Total Paid Prepetition $ 1,400.00 Balance Due $ 3,100.00 MMM FEE$ 1,800.00 Total Paid Prepetition $ 0.00 Balance Due$ 1,800.00 Estimated Monitoring Fee at$ 50.00 per Month. Attorney's Fees Payable Through Plan at $ 0.00 _ Monthly (subject to adjustment). 2. DOMESTIC SUPPORT OBLIGATIONS (as defined in 11 U.S.C. §101(14A). ‘Acct. No. Creditor ‘Total Claim Amount. -NONE- - || 3. PRIORITY CLAIMS: (as defined in 11 U.S.C. §507). - Last Four Digits of Acct. No. Creditor Total Claim Amount] [:-NONE- ' All references to “Debtor” include and referto both of the debtors in a case filed jointly by two individuals. Effective August 1, 2020 026307 21708026333023 4. TRUSTEE FEES. From each Plan Payment received from Debtor, the Trustee shall receive a fee, the percentage of which is fixed periodically by the United States Trustee. ES 5. SECURED CLAIMS. Pre-confirmation payments allocated to secured creditors under the Plan, other than amounts allocated to cure arrearages, shall be deemed adequate protection payments. The Trustee shall disburse adequate protection payments to secured creditors prior to confirmation, as soon as practicable, if the Plan provides for payment to the secured creditor, the secured creditor has filed a proof of claim, or Debtor or Trustee has filed a proofof claim for the secured creditor under 11 U.S.C. § 501(c), and no objection to the claim is pending. If Debtor’s Plan Payments are timely paid, payments to secured creditors under the Plan shall be deemed contractually paid on time. (a) Claims Secured by Debtor’s Principal Residence that Debtor Intends to Retain - Mortgage, HOA and Condominium Association Assessments, and Arrears, if any, Paid Through the Plan Under 11 U.S.C. § 1322(b)(5). Debtor will cure petition arrearages and maintain regular monthly postpetition payments on the following claims secured by Debtor’s principal residence. Under 11 U.S.C. § 1328(a)(1), Debtor will not receive a discharge of personal liability on these claims. Postpetition mortgage payments must be included in the Plan Payments. Mortgage payments are due on the first payment due date after the case is filed and continue monthly thereafter. The amount of postpetition mortgage payments may be adjusted as provided for under the loan documents. Postpetition ongoing homeowner’s association and condominium association assessments may be included in the Plan or may be paid direct. If Debtor intends to pay postpetition assessments through the Plan, list the Regular Monthly Payment. If Debtor intends to pay postpetition assessments direct, state “Direct” in the Regular Monthly Payment column |Last Four Creditor | Collateral | Regular Gap Payment | Arrears| 4 Digits of Acct. Address Monthly No. Payment 4 - | l None 1I - - (b) Claims Secured by Other Real Property that Debtor Intends to Retain - Mortgage, HOA and Condom Association Assessments, and Arrears, if any, Paid Through the Plan Under 11 U.S.C. § 1322(b)(5). Debtor will cure prepetition arrearages and maintain regular monthly postpetition payments on the following claims secured by Debtor’s real property. Under 11 U.S.C. § 1328(a)(1), Debtor will not receive a discharge of personal liability on these claims. Postpetition mortgage payments must be included in the Plan Payments. Mortgage payments are due on the first payment due date after the case is filed and continue monthly thereafter. The amount of postpetition mortgage payments may be adjusted as provided for under the loan documents. Postpetition ongoing homeowner’s association and condominium association assessments. may be included in the Plan or may be paid direct. If Debtor intends to pay postpetition assessments through the Plan, list the Regular Monthly Payment. If Debtor intends to pay postpetition assessments direct, state “Direct” in the Regular Monthly Payment column. Last Four |Creditor Collateral Regular ~~ Gap Payment Arrears Dini of Acct. Address Monthly Payment | | None | (©) Claims Secured by Real Property - Debtor Seeks Mortgage Modification Mediation (MMM). No later than 90 days from the petition date or the date the case converts to Chapter 13, Debtor shall file a motion seeking MMM. Information and forms related to MMM are available in the Court’s procedure manual on the Court’s website, www.flmb.uscourts.gov. Pending the resolution of the MMM, the Plan Payments shall include the following adequate protection payments to the Trustee: (1) for homestead property, the lesser of 31% of gross monthly income of Debtor and non-filing spouse, if any (after deducting homeowner's association fees), or the normal monthly contractual mortgage payment; or (2) for non-homestead, income-producing property, 75% of the gross rental income generated from the property. If Debtor obtains a modification of the mortgage, the modified payments shall be included in the Plan Payments, Debtor will not receive a discharge of personal liability on these claims. Last Four Digits of Creditor | Collateral Address Adequate Protection _Acet. No. - Payment [roses 3 Shellpoint 19413 Mossy Ledge Terrace Lehigh Acres, 425.00 Mortgage Serv'g | FL 33936 Lee County - (d) Claims Secured by Real Property or Personal Property to Which 11 U.S.C. § 506 Valuation APPLIES (Strip Down). Under 11 U. § 1322(b)(2), this provision does not apply to a claim secured solely by Debtor’s principal residence. A separate motion to determine secured status or to value the collateral must be filed. Payment on the secured portion of the claim, estimated below, is included in the Plan Payments. Unless otherwise stated in Section E, the Plan Payments do not include payments for escrowed property taxes or insurance. 1 |Last Four | Creditor Collateral Claim Value | Payment | Interest Digits of \| Description/ Amount i Through | Rate | I Acct. No. Address | Plan- 026307 21708026333023 — ‘Last Four | Creditor Collateral Claim Value | Payment Interest | Digits of Description/ Amount i Through Rate Acct. No. Address Plan OOK Ally Financial, | 2016 Mitsubishi 19,329.00 6,000.00, 125.00 8.75% 481 Inc Outlander SEL 2WD 92,000 miles VIN: | JA4AD3A31GZ0215 '40 (awarded to’ | Debtor in divorce). | | | Needs transmission, does | Le not currently run L (©) Liens to be Avoided Under 11 U.S.C. § 522 or Stripped Off Under 11 U.S.C. § 506. Debtor must file a separate motion under 11 U.S.C. § 522 to avoid a judicial lien or a nonpossessory, nonpurchase money security interest because it impairs an exemption or under I! U.S.C. § 506 to determine secured status and to strip a lien. Last Four Digits of Acct. No. Creditor Collateral Description/ Address Jefferson Capital Sys., LLC 19413 Mossy Ledge Terrace Lehigh Acres, FL 33936 Lee County XXKXX0B28 Midland Credit Mgmt — 19413 Mossy Ledge Terrace Lehigh Acres, FL 33936 Lee County XXXXXXKXXXXXIIEO Tmpa Pstifcu 419413 Mossy Ledge Terrace Lehigh Acres, FL Lo 33936 Lee County ( Payments on Claims Secured by Real Property and/or Personal Property to Which 11 U.S.C. § 506 Valuation DOES NOT APPLY Under the Final Paragraph in 11 U.S.C. § 1325(a). The claims listed below were either: (1) incurred within 910 days before the petition date and secured by a purchase money security interest in a motor vehicle acquired for Debtor's personal use; or (2) incurred within one year of the petition date and secured by a purchase money security interest in any other thing of value. These claims will be paid in full under the Plan with interest at the rate stated below. “| Collateral T Interest Rate| Last Four [Creditor Claim Payment Digits of Acet. Description! Amount Through Plan No. i | Address b -NONE- | | | | (g) Claims Secured by Real or Personal Property to be Paid with Interest Through the Plan Under 11 U.S.C. § 1322(b)(2). The following secured claims will be paid in full under the Plan with interest at the rate stated below. Last Four Digits of | Creditor Collateral T Claim Amount Payment Through | Interest Rate Acct No. Description/Address Plan -NONE- - - (h) Claims Secured by Personal Property — Maintaining Regular Payments and Curing Arrearages, if any, Under 11 US.C. § 1325(b)(5). Under 11 U.S.C. § 1328(a)(1), unless the principal amount of the claim is paid in full through the Plan, Debtor will not receive a discharge of personal liability on these claims. Last Four Creditor Collateral Regular ‘Arrearage Digits of Acct Description Contractual No. - Payment (i) Secured Claims Paid Directly by Debtor. The following secured claims are being made via automatic debit/draft from Debtor’s depository account and will continue to be paid directly to the creditor or lessor by Debtor outside the Plan via automatic debit/draft. The automatic stay under 11 U.S.C. §§ 362(a) and 1301(a) is terminated in rem as to Debtor and in rem and in personam as to any codebtor as to these creditors and lessors upon the filing of this Plan. Nothing herein is intended to terminate or abrogate Debtor’s state law contract rights. Because these secured claims are not provided for under the Plan, under 11 U.S.C § 1328(a), Debtor will not receive a discharge of personal liability on these claims. 026307 21708026333032 - - | Last Four ts of Acct. No. | Creditor | Property/Collateral _ Caloosa Lakes HOA 19413 Mossy Ledge Terrace Lehigh Acres, FL 33936 Lee County | x9000X8364 Department of HUD — 19413 Mossy Ledge Terrace Lehigh Acres, FL 33936 Lee County | Florida Gov't Utility Auth’y 19413 Mossy Ledge Terrace Lehigh Acres, FL 33936 Lee | LO _ County Torrance J. Cook 19413 Mossy Ledge Terrace Lehigh Acres, FL 33936 Lee _ _ County (j) Surrender of Collateral/Property that Secures a Claim. Debtor will surrender the following collateral/property. The automatic stay under 11 U.S.C. §§ 362(a) and 1301(a) is terminated in rem as to Debtor and in rem and in personam as to any codebtor as to these creditors upon the filing of this Plan. Last 4 Digits of Acct “ einer t 'Collatera/Property Description/Address -NONE- - - | - (k) Secured Claims that Debtor Does Not Intend to Pay. Debtor does not intend to make payments to the following secured creditors. The automatic stay under 11 U.S.C. §§ 362(a) and 1301(a) is terminated in rem as to Debtor and in rem and in personam as to any codebtor with respect to these creditors upon the filing of this Plan. Debtor’s state law contract rights and defenses are neither terminated nor abrogated. Because these secured claims are not provided for under the Plan, under 11 U.S.C § 1328(a), Debtor will not receive a discharge of personal liability on these claims. Last Four ts of Acct.No. Creditor | Collateral | Description/Address |-NONE- - - | 6. LEASES / EXECUTORY CONTRACTS. As and for adequate protection, the Trustee shall disburse payments to creditors under leases ot executory contracts prior to confirmation ofthe Plan, as soon as practicable, if the Plan provides for payment to creditor/lessor, the creditor/lessor has filed a proof of claim, or Debtor or Trustee has filed a proofof claim for the secured creditor/lessor under 11 U.S.C. § 501(c), and 1no objection to the claim is pending. If Plan Payments are timely paid, payments to creditors/lessors under the Plan shall be deemed contractually paid on time. (a) Assumption of Leases/Executory Contracts for Real or Personal Property to be Paid and Arrearages Cured Through the Plan Under 11 U. . § 1325(b)(5). Debtor assumes the following leases/executory contracts and proposes the prompt cure of any prepetition arrearage as follows. Under 11 U.S.C. § 1328(a)(1), if the claim of the lessor/creditor is not paid in full through the Plan, Debtor will not receive a discharge of personal liability on these claims. Last Four Digits | Creditor/Lessor | Description of [Regular ‘Arrearage and! | of Acct No. Leased Property Contractual Proposed Cure - Payment |-NONE- | i _ (b) Assumption of Leases/Executory Contracts for Real or Personal Property to be Paid Directly by Debtor. Debtor assumes the following lease/executory contract claims that are paid via automatic debitdraft from Debtor's depository account and are to continue to be paid directly to the creditor or lessor by Debtor outside the Plan via automatic debit/draft. The automatic stay under 11 U.S.C. §§ 362(a) and 1301(a) is terminated in rem as to Debtor and in rem and in personam as to any codebtor as to these creditors and lessors upon the filing of this Plan. Nothing herein is intended to terminate or abrogate Debtor’s state law contract rights, Because these leases/executory contracts are not provided for under the Plan, under 11 U.S.C § 1328(a), Debtor will not receive a discharge of personal liability on these claims. Last Four Digits of Acct. No. __|Creditor/Lessor Property/Collateral -NONE- i . - - 1 (©) Rejection of Leases/Executory Contracts and Surrender of Real or Personal Leased Property. Debtor rejects the following leases/executory contracts and will surrender the following leased real or personal property. The automatic stay under 11 U.S.C. §§ 362(a) and 1301(a) is terminated in rem as to Debtor and in rem and in personam as to any codebtor as to these creditors and iessors upon the filing of this Plan, ‘Last Four Digits of Acct. No. Creditor/Lessor Property/Collateral to be - Surrendered -NONE- . _ 7. GENERAL UNSECURED CREDITORS, General unsecured creditors with allowed claims shall receive a pro rata share of the balance of any funds remaining after payments to the above-referenced creditors or shall otherwise be paid under a subsequent Order Confirming 4 026307 21708026333032 - — Plan, The estimated dividend to unsecured creditors shall beno less tha