IN RE: 

UNITED STATES BANKRUPTCY COURT 

SOUTI IERN DISTRICT OF FLORIDA 

CASE NO: 20-13246-LMI 

KEVIN ROB GONZALEZ 

CI IRIS TINE ABBI OLA CI IARLES 

Debtor(s) 

I 

TRUSTEE'S MOTION TO DISMISS OR IN TIIE ALTERNATIVE MOTION TO MODIFY 

AND CERTIFICATE OF SERVICE OF NOTICE OF HEARING 

(Increased income and failure to file verification of disposable income) 

Nancy K. Neidich, Standing Chapter 13 Trustee, files this Motion to Dismiss for failure 

to disclose income or in the alternative Motion to Modify and states as follows: 

1. Based on information provided regarding the debtors' income prior to confirmation, 

the Trustee believed that the debtors' income was understated on the Schedule I or Statement or 

Current Monthly Income and Disposable Income Calculation (CMI form). 

2. To avoid an cvidcntiary hearing on the debtors' income, the parties agreed to yearly 

income verification. 

3. The debtors' plan states that the debtors would provide copies of their tax returns to 

the Trustee and provide verification of their disposable income. Sec 11 U.S.C. §521(!). 

4. According to the debtors' tax returns, the debtors have understated their income and/or 

have a large increase in income. 

5. The debtors arc required to file a statement of the income and expenditures of the 

debtors and evidence and calculation of how those monthly expenditures and income arc 

calculated. 

6. The debtors' disclosed income on the last filed CMI form was $50,952.72. 

Case 20-13246-LMI Doc 50 Filed 04/14/22 Page 1 of 3
7. Debtors' income according to the debtors' 2020 tax returns was $78,603.00. The 

Trustee has not received the debtors' 2021 tax returns. 

8. The amount of undisclosed income per MONTH or the difference between the 

income disclosed on the debtors' tax returns and the amount of income disclosed on the CMI 

(with a 5% increase each year) was $2,091.89 (amount of undisclosed income per month.) 

9. The total payment to unsecured creditors is $50,246.77. The plan pays unsecured 

general creditors a total of $10,548.00. 

10. The Supreme Court in Hamilton v. Lanning (560 US 505, 2010) has interpreted the 

disposable income due under a plan to be forward looking. 

11. The debtors have not filed an amended CMI form (or if under median an amended 

Schedule I and J), and concurrently provided the Chapter 13 Trustee with evidence that is selfexplanatory and calculation of ALL expenses not derived directly from the US Trustee's web site. 

All non-IRS standard expenses must also include a short explanation and documentation of why 

it is reasonable and necessary. 

WI IEREFORE, the Trustee requests that this case be dismissed as the debtors have failed 

to file the documents required under 11 U.S.C. §52l(f) and provide the evidence and calculation 

of all expenses not determined by the IRS standards and for any other relief that the Court may 

deem necessary. 

RESPECTFULLY SUBMITTED: 

NANCY K. NEIDICII, ESQUIRE 

STANDING CHAPTER 13 TRUSTEE 

P.O. BOX 279806 

MIRAMAR, FL 33027-9806 

By: /s/#ington,Esq 

"-'Senior StaffA ttorney 

Case 20-13246-LMI Doc 50 Filed 04/14/22 Page 2 of 3
FLORID/\ BAR NO: 101877 

CERTIFICATE OF SERVICE 

I hereby certify that a true and correct copy of this Motion to Dismiss for failure to 

disclose income or in the alternative Motion to Modify and the Notice of Hearing was served 

through NEF on debtors' attorney and by US First Class mail on the address listed below on 

. A(tt1~ I'+ ,~_t.t 

KEVIN ROB GONZALEZ 

CHRISTINE ABBIOLJ\ CHARLES 

240 NW 25th Street #723 

Miami, FL 33127-4330 

Isl 

AmyE~n 

.:_.,,,/ 

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