BTXN222 5/21

Lee Law Firm, PLLC

8701 Bedford Euless Rd 510

Hurst, TX 76053

Bar Number: 24041409

Phone: (214) 440-1414

Email: emaskell@leelawtx.com

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

In re: Cuellas, Jose Trinidad

4802 Winterview Dr

Mansfield, TX 76063

xxx-xx-7694

Debtor(s)

*

*

*

*

*

Case No.: 24-41040-MXM-13

Date 03/28/2024

Chapter 13

DEBTOR'S(S') CHAPTER 13 PLAN

(CONTAINING A MOTION FOR VALUATION)

DISCLOSURES

This Plan does not contain any Nonstandard Provisions.

This Plan contains Nonstandard Provisions listed in Section III.

This Plan does not limit the amount of a secured claim based on a valuation of the Collateral for the claim.

This Plan does limit the amount of a secured claim based on a valuation of the Collateral for the claim.

This Plan does not avoid a security interest or lien.

Language in italicized type in this Plan shall be as defined in the “General Order 2021-05, Standing Order Concerning Chapter 13 Cases” and as

it may be superseded or amended (“General Order”). All provisions of the General Order shall apply to this Plan as if fully set out herein.

Page 1

Plan Payment: Variable Payments Value of Non-exempt property per § 1325(a)(4): $0.00

Plan Term: 60 months Monthly Disposable Income per § 1325(b)(2): $0.00

Plan Base: $265,278.00 Monthly Disposable Income x ACP (“UCP”): $0.00

Applicable Commitment Period: 60 months

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Debtor(s): Cuellas, Jose Trinidad Case No.: 24-41040-MXM-13

ANY OBJECTION TO CONFIRMATION OF THE CHAPTER 13 PLAN AND/OR MOTION

FOR VALUATION MUST BE FILED AND SERVED ON THE DEBTOR, DEBTOR’S

COUNSEL, AND THE TRUSTEE NO LATER THAN 21 DAYS AFTER THE NOTICE OF

THE CONFIRMATION HEARING IS FILED AND SERVED IN THE FORT WORTH

DIVISION, AND NO LATER THAN 7 DAYS PRIOR TO THE TRUSTEE’S PRE-HEARING

CONFERENCE IN THE ABILENE, AMARILLO, DALLAS, LUBBOCK, SAN ANGELO

AND WICHITA FALLS DIVISIONS.

MOTION FOR VALUATION

Pursuant to Bankruptcy Rule 3012, for purposes of 11 U.S.C. § 506(a) and § 1325(a)(5) and for purposes of determination of the amounts to be

distributed to holders of secured claims who do not accept the Plan, Debtor(s) hereby move(s) the Court to value the Collateral described in

Section I, Part E.(1) and Part F of the Plan at the lesser of the value set forth therein or any value claimed on the proof of claim.

SECTION I

DEBTOR’S(S’) CHAPTER 13 PLAN - SPECIFIC PROVISIONS

FORM REVISED 5/12/21

A. PLAN PAYMENTS:

Debtor(s) propose(s) to pay to the Trustee the sum of:

$2,300.00 per month, months 1 to 6 .

$4,657.00 per month, months 7 to 60 .

For a total of $265,278.00 (estimated “Base Amount”).

First payment is due 04/27/2024 .

The applicable commitment period (“ACP”) is 60 months.

Monthly Disposable Income (“DI”) calculated by Debtor(s) per §1325(b)(2) is: $0.00

The Unsecured Creditors’ Pool (“UCP”), which is DI x ACP, as estimated by the Debtor(s), shall be no less than:

$0.00 .

Debtor’s(s’) equity in non-exempt property, as estimated by Debtor(s) per §1325(a)(4), shall be no less than: $0.00

B. STATUTORY, ADMINISTRATIVE AND DSO CLAIMS:

1. CLERK’S FILING FEE: Total filing fees paid through the Plan, if any, are and shall be paid in full prior to

disbursements to any other creditor.

2. STATUTORY TRUSTEE’S PERCENTAGE FEE(S) AND NOTICING FEES: Trustee’s Percentage Fee(s) and any noticing

fees shall be paid first out of each receipt as provided in General Order 2021-05 (as it may be superseded or amended) and

28 U.S.C. § 586(e)(1) and (2).

3. DOMESTIC SUPPORT OBLIGATIONS: The Debtor is responsible for paying any Post-petition Domestic Support Obligation

directly to the DSO claimant. Prepetition Domestic Support Obligations per Schedule “E/F” shall be paid in the following

monthly payments:

DSO CLAIMANTS SCHED. AMOUNT % TERM (APPROXIMATE)

(MONTHS TO )

TREATMENT

$ PER MO.

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DSO CLAIMANTS SCHED. AMOUNT % TERM (APPROXIMATE)

(MONTHS TO )

TREATMENT

$ PER MO.

C. ATTORNEY FEES: To Lee Law Firm, PLLC , total: $5,200.00 *;

$2,092.00 Pre-petition; $3,108.00 disbursed by the Trustee.

* The Attorney fees include (check all appropriate boxes):

Standard Fee Business Standard Fee

Additional Fee for Motion to Extend/Impose the Automatic Stay

Additional Fee for Case in which Debtor will receive F.R.Bank.P Rule 3002.1 notices

D.(1) (1) PRE-PETITION MORTGAGE ARREARAGE:

MORTGAGEE SCHED. ARR. AMT DATE ARR. THROUGH % TERM (APPROXIMATE)

(MONTHS TO )

TREATMENT

D.(2) (2) CURRENT POST-PETITION MORTGAGE PAYMENTS DISBURSED BY THE TRUSTEE IN A CONDUIT CASE:

MORTGAGEE # OF PAYMENTS

PAID BY TRUSTEE

CURRENT POST-PETITION

MORTGAGE PAYMENT AMOUNT

FIRST CONDUIT PAYMENT

DUE DATE (MM-DD-YY)

D.(3) POST-PETITION MORTGAGE ARREARAGE:

MORTGAGEE TOTAL AMT DUE DATE(S)

(MM-DD-YY)

% TERM (APPROXIMATE)

(MONTHS TO )

TREATMENT

E.(1) SECURED CREDITORS-PAID BY THE TRUSTEE:

A.

CREDITOR / COLLATERAL SCHED. AMT. VALUE % TERM (APPROXIMATE)

(MONTHS TO )

TREATMENT

Per Mo

Ally Bank

2020 GMC Sierra

debtor drives $37,157.80 $32,363.00 8.75% Months 1 to 60 $667.89

BMW Bank of North America

2012 BMW 328i

NFS drives $5,663.79 $7,825.00 8.75% Months 1 to 60 $116.89

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CREDITOR / COLLATERAL SCHED. AMT. VALUE % TERM (APPROXIMATE)

(MONTHS TO )

TREATMENT

Per Mo

Internal Revenue Service

MRJ Company, Inc

MRJ Handyman, LLC

Cash

Bank of America

Checking account

Acct. No.: 9948

Bank of America

Checking account

Acct. No.: 8121

Bank Of America

Savings account

Acct. No.: 8134 $118,710.66 $87,736.34 5.00% Months 1 to 60 $1,655.70

B.

CREDITOR / COLLATERAL SCHED. AMT. VALUE % TREATMENT

Pro-rata

To the extent the value amount in E.(1) is less than the scheduled amount in E.(1), the creditor may object. In the event a creditor objects to the

treatment proposed in paragraph E.(1), the Debtor(s) retain(s) the right to surrender the Collateral to the creditor in satisfaction of the creditor’s

claim.

E.(2) SECURED 1325(a)(9) CLAIMS PAID BY THE TRUSTEE - NO CRAM DOWN:

A.

CREDITOR COLLATERAL SCHED. AMT. % TERM (APPROXIMATE)

(MONTHS TO )

TREATMENT

Per Mo

B.

CREDITOR COLLATERAL SCHED. AMT. % TREATMENT

Pro-rata

The valuation of Collateral set out in E.(1) and the interest rate to be paid on the above scheduled claims in E.(1) and E.(2) will be finally

determined at confirmation. The allowed claim amount will be determined based on a timely filed proof of claim and the Trustee’s

Recommendation Concerning Claims (“TRCC”) or by an order on an objection to claim.

Absent any objection to the treatment described in E.(1) or E.(2), the creditor(s) listed in E.(1) and E.(2) shall be deemed to have accepted the

Plan per section 1325(a)(5)(A) of the Bankruptcy Code and to have waived its or their rights under section 1325(a)(5)(B) and (C) of the

Bankruptcy Code.

F. SECURED CREDITORS - COLLATERAL TO BE SURRENDERED:

CREDITOR COLLATERAL SCHED. AMT VALUE TREATMENT

Americredit Financial Services, Inc $5,776.39 $0.00 Surrender

Upon confirmation, pursuant to 11 U.S.C. § 1322 (b)(8), the surrender of the Collateral described herein will provide for the payment of all or part

of a claim against the Debtor(s) in the amount of the value given herein.

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The valuation of Collateral in F. will be finally determined at confirmation. The allowed claim amount will be determined based on a timely filed

proof of claim and the Trustee’s Recommendation Concerning Claims (“TRCC”) or by an order on an objection to claim.

The Debtor(s) request(s) that the automatic stay be terminated as to the surrendered Collateral. If there is no objection to the surrender, the

automatic stay shall terminate and the Trustee shall cease disbursements on any secured claim which is secured by the Surrendered Collateral,

without further order of the Court, on the 7th day after the date the Plan is filed. However, the stay shall not be terminated if the Trustee or

affected secured lender files an objection in compliance with paragraph 8 of the General Order until such objection is resolved.

Nothing in this Plan shall be deemed to abrogate any applicable non-bankruptcy statutory or contractual rights of the Debtor(s).

G. SECURED CREDITORS-PAID DIRECT BY DEBTOR:

CREDITOR COLLATERAL SCHED. AMT

H. PRIORITY CREDITORS OTHER THAN DOMESTIC SUPPORT OBLIGATIONS:

CREDITOR SCHED. AMT. TREATMENT

Texas Comptroller Of Public Accounts $48,156.14

TERM (APPROXIMATE)

(MONTHS TO )

Months 1 to 60 Pro-Rata

I. SPECIAL CLASS:

CREDITOR SCHED. AMT. TERM (APPROXIMATE)

(MONTHS TO )

TREATMENT

JUSTIFICATION:

J. UNSECURED CREDITORS:

CREDITOR SCHED. AMT COMMENT

Ally Bank $4,794.80 (Unsecured portion of the secured debt)

American First Finance $4,000.00

Ascendium Education Solutions, Inc. $103,932.67

Bank of America $3,527.00

Capital One $293.00

Credit One Bank $650.00

Discover Bank/Discover Products Inc $2,362.00

Internal Revenue Service $111,784.48

Internal Revenue Service $30,974.32 (Unsecured portion of the secured debt)

LVNV Funding $2,537.90

NTTA $272.00

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Debtor(s): Cuellas, Jose Trinidad Case No.: 24-41040-MXM-13

CREDITOR SCHED. AMT COMMENT

NTTA $7,478.00

NTTA $2,410.00

OneMain $8,863.53

Regional Finance $1,547.00

RMA Toll Processing $32.00

SYNCB $2,538.00

Texas Comptroller Of Public Accounts $10,129.55 (Unsecured portion of the priority debt)

TxTag $58.00

TOTAL SCHEDULED UNSECURED: $298,184.25

The Debtor’s(s’) estimated (but not guaranteed) payout to unsecured creditors based on the scheduled amount is 0.00% .

General unsecured claims will not receive any payment until after the order approving the TRCC becomes final.

K. EXECUTORY CONTRACTS AND UNEXPIRED LEASES:

§ 365 PARTY ASSUME/REJECT CURE AMOUNT TREATMENT

Invitation Homes Assume $7,000.00

TERM (APPROXIMATE)

(MONTHS TO )

Months 1 to 60 $181.62

SECTION II

DEBTOR’S(S’) CHAPTER 13 PLAN - GENERAL PROVISIONS

FORM REVISED 5/12/21

A. SUBMISSION OF DISPOSABLE INCOME:

Debtor(s) hereby submit(s) future earnings or other future income to the Trustee to pay the Base Amount.

B. ADMINISTRATIVE EXPENSES, DSO CLAIMS & PAYMENT OF TRUSTEE’S STATUTORY PERCENTAGE FEE(S)

AND NOTICING FEES:

The Statutory Percentage Fees of the Trustee shall be paid in full pursuant to 11 U.S.C. §§ 105(a), 1326(b)(2), and 28 U.S.C. §

586(e)(1)(B). The Trustee is authorized to charge and collect Noticing Fees as indicated in Section I, Part “B” hereof.

C. ATTORNEY FEES:

The Standard Fee or Business Standard Fee for the Debtor’s(s’) Counsel is the amount indicated in Section I, Part C and shall be

disbursed by the Trustee in the amount shown as “Disbursed By The Trustee” pursuant to this Plan and the Debtor's(s') Authorization for

Adequate Protection Disbursements (“AAPD”), if filed. Additional Fees will be paid only after a Notice of Additional Fees and Rule 2016

Disclosure is filed with the Court to which there has been no timely objection or, if an objection is filed, after the entry of an Order by the Court

allowing the Additional Fees.

D.(1) PRE-PETITION MORTGAGE ARREARAGE:

The Pre-Petition Mortgage Arrearage shall be paid by the Trustee in the allowed prepetition arrearage amount and at the rate of

interest indicated in Section I, Part D.(1). To the extent interest is provided, it will be calculated from the date of the Petition. The principal

balance owing upon confirmation of the Plan on the allowed pre-petition Mortgage Arrearage amount shall be reduced by the total adequate

protection less any interest (if applicable) paid to the creditor by the Trustee. Such creditors shall retain their liens.

D.(2) CURRENT POST-PETITION MORTGAGE PAYMENTS DISBURSED BY TRUSTEE IN A CONDUIT CASE:

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Current Post-Petition Mortgage Payment(s) shall be paid by the Trustee as indicated in Section I, Part D.(2), or as otherwise

provided in the General Order.

The Current Post-Petition Mortgage Payment(s) indicated in Section I, Part D.(2) reflects what the Debtor(s) believe(s) is/are the

periodic payment amounts owed to the Mortgage Lender as of the date of the filing of this Plan. Adjustment of the Plan Payment and Base

Amount shall be calculated as set out in the General Order, paragraph 15(c)(3).

Payments received by the Trustee for payment of the Debtor’s Current Post-Petition Mortgage Payment(s) shall be deemed

adequate protection to the creditor.

Upon completion of the Plan, Debtor(s) shall resume making the Current Post-Petition Mortgage Payments required by their

contract on the due date following the date specified in the Trustee’s records as the date through which the Trustee made the last Current

Post-Petition Mortgage Payment .

Unless otherwise ordered by the Court, and subject to Bankruptcy Rule 3002.1(f)-(h), if a Conduit Debtor is current on his/her Plan

Payments or the payment(s) due pursuant to any wage directive, the Mortgage Lender shall be deemed current post-petition.

D.(3) POST-PETITION MORTGAGE ARREARAGE:

The Post-Petition Mortgage Arrearage shall be paid by the Trustee in the allowed amount and at the rate of interest indicated in

Section I, Part D.(3). To the extent interest is provided, it will be calculated from the date of the Petition.

Mortgage Lenders shall retain their liens.

E.(1) SECURED CLAIMS TO BE PAID BY TRUSTEE:

The claims listed in Section I, Part E.(1) shall be paid by the Trustee as secured to the extent of the lesser of the allowed claim

amount (per a timely filed Proof of Claim not objected to by a party in interest) or the value of the Collateral as stated in the Plan. Any amount

claimed in excess of the value shall automatically be split and treated as unsecured as indicated in Section I, Part H or J, per 11 U.S.C. § 506(a).

Such creditors shall retain their liens on the Collateral described in Section I, Part E.(1) as set out in 11 U.S.C. § 1325(a)(5)(B)(I) and shall

receive interest at the rate indicated from the date of confirmation or, if the value shown is greater than the allowed claim amount, from the date

of the Petition, up to the amount by which the claim is over-secured. The principal balance owing upon confirmation of the Plan on the allowed

secured claim shall be reduced by the total of adequate protection payments less any interest (if applicable) paid to the creditor by the Trustee.

E.(2) SECURED 1325 (a)(9) CLAIMS TO BE PAID BY THE TRUSTEE – NO CRAM DOWN:

Claims in Section I, Part E.(2) are either debts incurred within 910 days of the Petition Date secured by a purchase money security

interest in a motor vehicle acquired for the personal use of the Debtor(s) or debts incurred within one year of the Petition Date secured by any

other thing of value.

The claims listed in Section I, Part E.(2) shall be paid by the Trustee as fully secured to the extent of the allowed amount (per a

timely filed Proof of Claim not objected to by a party in interest). Such creditors shall retain their liens on the Collateral described in Section I,

Part E.(2) until the earlier of the payment of the underlying debt determined under non-bankruptcy law or a discharge under § 1328 and shall

receive interest at the rate indicated from the date of confirmation. The principal balance owing upon confirmation of the Plan on the allowed

secured claim shall be reduced by the total of adequate protection payments paid to the creditor by the Trustee.

To the extent a secured claim not provided for in Section I, Part D, E.(1) or E.(2) is allowed by the Court, Debtor(s) will pay the claim

direct per the contract or statute.

Each secured claim shall constitute a separate class.

F. SATISFACTION OF CLAIM BY SURRENDER OF COLLATERAL:

The claims listed in Section I, Part F shall be satisfied as secured to the extent of the value of the Collateral, as stated in the Plan,

by surrender of the Collateral by the Debtor(s) on or before confirmation. Any amount claimed in excess of the value of the Collateral, to the

extent it is allowed, shall be automatically split and treated as indicated in Section I, Part H or J, per 11 U.S.C. § 506(a).

Each secured claim shall constitute a separate class.

G. DIRECT PAYMENTS BY DEBTOR(S):

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Payments on all secured claims listed in Section I, Part G shall be disbursed by the Debtor(s) to the claimant in accordance with the

terms of their agreement or any applicable statute, unless otherwise provided in Section III, “Nonstandard Provisions.”

No direct payment to the IRS from future income or earnings in accordance with 11 U.S.C. § 1322(a)(1) will be permitted.

Each secured claim shall constitute a separate class.

H. PRIORITY CLAIMS OTHER THAN DOMESTIC SUPPORT OBLIGATIONS:

Failure to object to confirmation of this Plan shall not be deemed acceptance of the “SCHED. AMT.” shown in Section I, Part H. The

claims listed in Section I, Part H shall be paid their allowed amount by the Trustee, in full, either per month or pro-rata (as indicated in Section I),

as priority claims, without interest.

I. CLASSIFIED UNSECURED CLAIMS:

Classified unsecured claims shall be treated as allowed by the Court.

J. GENERAL UNSECURED CLAIMS TIMELY FILED:

All other allowed claims not otherwise provided for herein shall be designated general unsecured claims.

K. EXECUTORY CONTRACTS AND UNEXPIRED LEASES:

As provided in § 1322(b)(7) of the Bankruptcy Code, the Debtor(s) assume(s) or reject(s) the executory contracts or unexpired

leases with parties as indicated in Section 1, PartK.

Assumed lease and executory contract arrearage amounts shall be disbursed by the Trustee as indicated in Section I, Part K.

L. CLAIMS TO BE PAID:

“TERM (APPROXIMATE)” as used in this Plan states the estimated number of months from the Petition Date required to fully pay

the allowed claim. If adequate protection payments have been authorized and made, they will be applied to principal as to both under-secured

and fully secured claims and allocated between interest and principal as to over-secured claims. Payment pursuant to this Plan will only be made

on statutory, secured, administrative, priority and unsecured claims that are allowed or, pre-confirmation, that the Debtor(s) has/have authorized

in a filed Authorization for Adequate Protection Disbursements.

M. ADDITIONAL PLAN PROVISIONS:

Any additional Plan provisions shall be set out in Section III, “Nonstandard Provisions.”

N. POST-PETITION NON-ESCROWED AD VALOREM (PROPERTY) TAXES AND INSURANCE:

Whether the Debtor is a Conduit Debtor or not, if the regular payment made by the Debtor to a Mortgage Lender or any other

lienholder secured by real property does not include an escrow for the payment of ad valorem (property) taxes or insurance, the Debtor is

responsible for the timely payment of post-petition taxes directly to the tax assessor and is responsible for maintaining property insurance as

required by the mortgage security agreement, paying all premiums as they become due directly to the insurer. If the Debtor fails to make these

payments, the mortgage holder may, but is not required to, pay the taxes and/or the insurance. If the mortgage holder pays the taxes and/or

insurance, the mortgage holder may file, as appropriate, a motion for reimbursement of the amount paid as an administrative claim or a Notice of

Payment Change by Mortgage Lender or a Notice of Fees, Expenses, and Charges .

O. CLAIMS NOT FILED:

A claim not filed with the Court will not be paid by the Trustee post-confirmation regardless of its treatment in Section I or on the

AAPD.

P. CLAIMS FOR PRE-PETITION NON-PECUNIARY PENALTIES, FINES, FORFEITURES, MULTIPLE, EXEMPLARY

OR PUNITIVE DAMAGES:

Any unsecured claim for a non-pecuniary penalty, fine, or forfeiture, or for multiple, exemplary or punitive damages, expressly

including an IRS penalty to the date of the petition on unsecured and/or priority claims, shall be paid only a pro-rata share of any funds remaining

after all other unsecured claims, including late filed claims, have been paid in full.

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Q. CLAIMS FOR POST-PETITION PENALTIES AND INTEREST:

No interest, penalty, or additional charge shall be allowed on any pre-petition claims subsequent to the filing of the petition, unless

expressly provided herein.

R. BUSINESS CASE OPERATING REPORTS:

Upon the filing of the Trustee’s 11 U.S.C. § 1302(c) Business Case Report, business Debtors are no longer required to file

operating reports with the Trustee, unless the Trustee requests otherwise. The filing of the Trustee’s 11 U.S.C. § 1302(c) Business Case Report

shall terminate the Trustee's duties but not the Trustee’s right to investigate or monitor the Debtor's(‘s) business affairs, assets or liabilities.

S. NO TRUSTEE’S LIABILITY FOR DEBTOR’S POST- CONFIRMATION OPERATION AND BAR DATE FOR CLAIMS FOR

PRE-CONFIRMATION OPERATIONS:

The Trustee shall not be liable for any claim arising from the post-confirmation operation of the Debtor’s(s’) business. Any claims

against the Trustee arising from the pre-confirmation operation of the Debtor’s(s’) business must be filed with the Bankruptcy Court within sixty

(60) days after entry by the Bankruptcy Court of the Order of Confirmation or be barred.

T. DISPOSAL OF DEBTOR’S NON-EXEMPT PROPERTY; RE-VESTING OF PROPERTY; NON-LIABILITY OF TRUSTEE FOR

PROPERTY IN POSSESSION OF DEBTOR WHERE DEBTOR HAS EXCLUSIVE RIGHT TO USE, SELL, OR LEASE IT; AND

TRUSTEE PAYMENTS UPON POST CONFIRMATION CONVERSION OR DISMISSAL:

Debtor(s) shall not dispose of or encumber any non-exempt property or release or settle any lawsuit or claim by Debtor(s), prior to

discharge, without consent of the Trustee or order of the Court after notice to the Trustee and all creditors.

Property of the estate shall not vest in the Debtor until such time as a discharge is granted or the Case is dismissed or closed

without discharge. Vesting shall be subject to all liens and encumbrances in existence when the Case was filed and all valid post-petition liens,

except those liens avoided by court order or extinguished by operation of law. In the event the Case is converted to a case under chapter 7, 11,

or 12 of the Bankruptcy Code, the property of the estate shall vest in accordance with applicable law. After confirmation of the Plan, the Trustee

shall have no further authority, fiduciary duty or liability regarding the use, sale, insurance of or refinance of property of the estate except to

respond to any motion for the proposed use, sale, or refinance of such property as required by the applicable laws and/or rules. Prior to any

discharge or dismissal, the Debtor(s) must seek approval of the court to purchase, sell, or refinance real property.

Upon dismissal of the Case post confirmation, the Trustee shall disburse all funds on hand in accordance with this Plan or pursuant

to an order of the Court. Upon conversion of the Case, any balance on hand will be disbursed by the Trustee in accordance with applicable law.

U. ORDER OF PAYMENT:

Unless otherwise ordered by the court, all claims and other disbursements made by the Chapter 13 Trustee after the entry of an order confirming

the Chapter 13 Plan, whether pursuant to this Plan or a modification thereof, will be paid in the order set out below, to the extent a creditor’s

claim is allowed or the disbursement is otherwise authorized. Each numbered paragraph below is a level of payment. All disbursements which

are in a specified monthly amount are referred to as “per mo.” At the time of any disbursement, if there are insufficient funds on hand to pay any

per mo payment in full, claimant(s) with a higher level of payment shall be paid any unpaid balance owed on a per mo payment plus the current

per mo payment owed to that same claimant, in full, before any disbursement to a claimant with a lower level of payment. If multiple claimants

are scheduled to receive per mo payments within the same level of payment and there are insufficient funds to make those payments in full,

available funds will be disbursed to the claimants within that level on a pro-rata basis. Claimants with a higher level of payment which are

designated as receiving pro-rata payments shall be paid, in full, before any disbursements are made to any claimant with a lower level of

payment.

1

st – Clerk’s Filing Fee and Trustee’s Percentage Fee(s) and Noticing Fees in B.(1) and B.(2) and per statutory provisions will be paid in full.

2

nd – Current Post-Petition Mortgage Payments (Conduit) in D.(2) and as adjusted according to the General Order, which must be designated to

be paid per mo.

3

rd – Creditors listed in E.(1)(A) and E.(2)(A), which must be designated to be paid per mo, and Domestic Support Obligations (“DSO”) in B.(3),

which must be designated to be paid per mo.

4

th – Attorney Fees in C, which must be designated to be paid pro-rata.

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5

th – Post-Petition Mortgage Arrearage as set out in D.(3), if designated to be paid per mo.

6

th – Post-Petition Mortgage Arrearage as set out in D.(3), if designated to be paid pro-rata.

7

th – Arrearages owed on Executory Contracts and Unexpired Leases in K, which must be designated to be paid per mo.

8

th – Any Creditors listed in D.(1) if designated to be paid per mo.

9

th – Any Creditors listed in D.(1), if designated to be paid pro-rata and/or Creditors listed in E.(1)(B) or E.(2)(B), which must be designated to be

paid pro-rata.

10th – All amounts allowed pursuant to a Notice of Fees, Expenses and Charges, which will be paid pro-rata.

11th – Priority Creditors Other than Domestic Support Obligations (“Priority Creditors”) in H., which must be designated to be paid as either

pro-rata or per mo.

12th – Special Class in I, which must be designated to be paid per mo.

13th – Unsecured Creditors in J, other than late filed or penalty claims, which must be designated to be paid pro-rata.

14th – Late filed claims by Secured Creditors in D.(1), D.(2), D.(3), E.(1) and E.(2), which must be designated to be paid pro-rata, unless other

treatment is authorized by the Court.

15th – Late filed claims for DSO or filed by Priority Creditors in B.(3) and H, which must be designated to be paid pro-rata.

16th – Late filed claims by Unsecured Creditors in J, which must be designated to be paid prorata.

17th – Unsecured claims for a non-pecuniary penalty, fine, or forfeiture, or for multiple, exemplary or punitive damages, expressly including an

IRS penalty to the date of the petition on unsecured and/or priority claims. These claims must be designated to be paid pro-rata.

V. POST-PETITION CLAIMS:

Claims filed under § 1305 of the Bankruptcy Code shall be paid as allowed. To the extent necessary, Debtor(s) will modify this Plan.

W. TRUSTEE’S RECOMMENDATION CONCERNING CLAIMS (“TRCC”) PROCEDURE:

See the provisions of the General Order regarding this procedure.

SECTION III

NONSTANDARD PROVISIONS

The following nonstandard provisions, if any, constitute terms of this Plan. Any nonstandard provision placed elsewhere in the Plan is void.

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Debtor(s): Cuellas, Jose Trinidad Case No.: 24-41040-MXM-13

I, the undersigned, hereby certify that the Plan contains no nonstandard provisions other than those set out in this final paragraph.

/s/ Eric Allen Maskell

Eric Allen Maskell

Debtor’s(s’) Attorney

Debtor (if unrepresented by an attorney)

Debtor’s (s’) Chapter 13 Plan (Containing a Motion for Valuation ) is respectfully submitted.

/s/ Eric Allen Maskell

Eric Allen Maskell

Debtor’s(s’) Counsel

24041409

State Bar Number

/s/ Jose Trinidad Cuellas

Jose Trinidad Cuellas

Debtor

Joint Debtor

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United States Bankruptcy Court

Northern District Of Texas

In re Cuellas, Jose Trinidad

Debtor(s)

Case No. 24-41040-MXM-13

Chapter 13

CERTIFICATE OF MAILING

I, the undersigned, hereby certify that the foregoing Debtor’s(s’) Chapter 13 Plan (Containing a Motion for Valuation) was served on the

following entities either by Electronic Service or by First Class Mail, Postage Pre-paid on the 8

th day of April , 20 24 :

(List each party served, specifying the name and address of each party)

Dated: 04/08/2024 /s/ Eric Allen Maskell

Eric Allen Maskell

Debtor or Debtor’s(s’) Counsel

Bar Number: 24041409

Lee Law Firm, PLLC

8701 Bedford Euless Rd 510

Hurst, TX 76053

Phone: (214) 440-1414

Email: emaskell@leelawtx.com

Ally Bank

C/O AIS Portfolio Services, LLC

4515 N Santa Fe Ave APS

Oklahoma City, OK 73118

American First Finance

PO Box 565848

Dallas, TX 75356

Americredit Financial Services, Inc

dba GM Financial

PO Box 183853

Arlington, TX 76096

Ascendium Education Solutions, Inc.

P.O. Box 8961

Madison, WI 53708-8961

Attorney General

PO Box 12017

Austin, TX 78711

Bank of America

PO Box 660933

Dallas, TX 75266

BMW Bank of North America

4515 N Santa Fe Ave APS

Oklahoma City, OK 73118

Capital One

P.O. Box 31293

Salt Lake City, UT 84131

Credit One Bank

PO Box 98875

Las Vegas, NV 89193

Discover Bank/Discover Products Inc

PO Box 3025

New Albany, OH 43054

Internal Revenue Service

P.O. Box 7346

Philadelphia, PA 19101-7340

Internal Revenue Service

Insolvency

PO Box 7346

Philadelphia, PA 19101-7346

Invitation Homes

4450 Sojourn Dr

Addison, TX 75001

Jose Trinidad Cuellas

4802 Winterview Dr

Mansfield, TX 76063

Lee Law Firm, PLLC

8701 Bedford Euless Rd 510

Hurst, TX 76053

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Debtor Cuellas, Jose Trinidad Case number 24-41040-MXM-13

Linebarger, Goggan, Blair & Sampson, LLP

2777 N Stemmons Freeway 1000

Dallas, TX 75207

LVNV Funding

Resurgent Capital Services

PO Box 10587

Greenville, SC 29603-0587

NTTA

Po Box 260928

Plano, TX 75026-0928

OneMain

PO Box 3251

Evansville, IN 47731

Regional Finance

979 Batesville Rd B

Greer, SC 29651

RMA Toll Processing

PO Box 734182

Dallas, TX 75373-4182

SYNCB

PO Box 965033

Orlando, FL 32896

Texas Alcohol Beverage Commission

Licenses and Permits Division

PO Box 13127

Austin, TX 78711-3127

TEXAS COMPTROLLER OF PUBLIC

ACCOUNTS

P.O. BOX 13528

Austin, TX 78711

Texas Comptroller Of Public Accounts

Bankruptcy & Collections Division

PO Box 12548 MC-008

Austin, TX 78711-2548

Texas Employment Commission

TEC Building - Bankruptcy

101 E. 15th Street

Austin, TX 78778

TxTag

PO Box 650749

Dallas, TX 75265-0749

United States Trustee

1100 Commerce St., Room 9C60

Dallas, TX 75242

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Lee Law Firm, PLLC

8701 Bedford Euless Rd 510

Hurst, TX 76053

Bar Number: 24041409

Phone: (214) 440-1414

Email: emaskell@leelawtx.com

IN THE UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

Revised 10/1/2016

IN RE: Cuellas, Jose Trinidad

4802 Winterview Dr

Mansfield, TX 76063

xxx-xx-7694

Debtor(s)

§

§

§

§

§

CASE NO: 24-41040-MXM-13

Chapter 13

AUTHORIZATION FOR ADEQUATE PROTECTION DISBURSEMENTS DATED: 04/08/2024

The undersigned Debtor(s) hereby request that payments received by the Trustee prior to confirmation be disbursed as indicated below:

Periodic Payment Amount $2,300.00

Disbursements First (1) Second (2) (Other)

Account Balance Reserve $5.00 $5.00 carried forward

Trustee Percentage Fee $224.44 $230.00

Filing Fee $0.00 $0.00

Noticing Fee $0.00 $0.00

Subtotal Expenses/Fees $229.44 $230.00

Available for payment of Adequate Protection, Attorney Fees and

Current Post-Petition Mortgage Payments: $2,070.56 $2,070.00

CREDITORS SECURED BY VEHICLES (CAR CREDITORS):

Name Collateral

Scheduled

Amount

Value of

Collateral

Adequate

Protection

Percentage

Adequate

Protection

Payment Amount

Ally Bank

2020 GMC Sierra

debtor drives $37,157.80 $32,363.00 1.25% $404.54

BMW Bank of North America

2012 BMW 328i

NFS drives $5,663.79 $7,825.00 1.25% $97.81

Total Adequate Protection Payments for Creditors Secured by Vehicles: $502.35

CURRENT POST-PETITION MORTGAGE PAYMENTS (CONDUIT):

Name Collateral Start Date

Scheduled

Amount

Value of

Collateral Payment Amount

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Debtor Cuellas, Jose Trinidad Case number 24-41040-MXM-13

Name Collateral Start Date

Scheduled

Amount

Value of

Collateral Payment Amount

Payments for Current Post-Petition Mortgage Payments (Conduit): $0.00

CREDITORS SECURED BY COLLATERAL OTHER THAN A VEHICLE:

Name Collateral

Scheduled

Amount

Value of

Collateral

Adequate

Protection

Percentage

Adequate

Protection

Payment Amount

Total Adequate Protection Payments for Creditors Secured by Collateral other than a vehicle: $0.00

TOTAL PRE-CONFIRMATION PAYMENTS

First Month Disbursement (after payment of Clerk's Filing Fee, any Noticing Fee, Chapter 13 Trustee

Percentage Fee, and retention of the Account Balance Reserve):

Current Post-Petition Mortgage Payments (Conduit payments), per mo: $0.00

Adequate Protection to Creditors Secured by Vehicles ("Car Creditor"), per mo: $502.35

Debtor's Attorney, per mo: $1,567.65

Adequate Protection to Creditors Secured by other than a Vehicle, per mo: $0.00

Disbursements starting month 2 (after payment of Clerk's Filing Fee, any Noticing Fee, Chapter 13

Trustee Percentage Fee, and retention of the Account Balance Reserve):

Current Post-Petition Mortgage Payments (Conduit payments), per mo: $0.00

Adequate Protection to Creditors Secured by Vehicles ("Car Creditor"), per mo: $502.35

Debtor's Attorney, per mo: $1,540.35

Adequate Protection to Creditors Secured by other than a Vehicle, per mo: $0.00

Order of Payment:

Unless otherwise ordered by the court, all claims and other disbursements made by the Chapter 13 Trustee prior to entry of an order confirming

the Chapter 13 Plan will be paid in the order set out above. All disbursements which are in a specified monthly amount are referred to as "per

mo". At the time of any disbursement, if there are insufficient funds on hand to pay any per mo payment in full, claimant(s) with a higher level of

payment shall be paid any unpaid balance owed on the per mo payment plus the current per mo payment owed to that same claimant, in full,

before any disbursement to a claimant with a lower level of payment. Other than the Current Post-Petition Mortgage Payments, the principal

balance owing upon confirmation of the Plan on the allowed secured claim shall be reduced by the total of adequate protection payments, less

any interest (if applicable), paid to the creditor by the Trustee.

DATED: 04/08/2024

/s/ Eric Allen Maskell

Attorney for Debtor(s)

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