IN THE UNITED STATES BANKRUPTCY COURT

Case No: 24-31346-SWE

NORTHERN DISTRICT OF TEXAS

In re: Robert Elvin Gordon

DALLAS DIVISION

Date: 5/6/2024

Chapter 13

DEBTOR'S(S') CHAPTER 13 PLAN

(CONTAINING A MOTION FOR VALUATION)

DISCLOSURES

contains

This

does limit the amount of a secured claim based on a valuation of the

does not limit the amount of a secured claim based on a valuation of the

does not avoid a security interest or lien. Language in italicized type in this 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Cases" and as it may be superseded or amended ("General Order").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

as if fully set out herein.

Plan

Plan

Plan

Collateral

does not contain any

This Plan

This Plan

This Plan

This Plan

for the claim. Collateral for the claim.

Law Office of Richard D. Kinkade

2121 W Airport Freeway

Suite 400

Irving, TX 75062

Phone: (972) 256-4444

Bar Number: 11477350

xxx-xx-3634

Debtor(s)

§

§

§

§

§

Nonstandard Provisions. Nonstandard Provisions listed in Section III.

2705 Raintree Drive

Carrollton, TX 75006

Page 1

Plan Payment: Plan Term: Plan Base: Applicable Commitment Period: Monthly Disposable Income x ACP ("UCP"):

Variable Value of Non-exempt property per § 1325(a)(4): 60 months

$334,100.00

60 months

$0.00

$42,155.00

Monthly Disposable Income per § 1325(b)(2): $0.00

Case 24-31346-swe13 Doc 17 Filed 05/30/24 Entered 05/30/24 12:04:38 Desc Main

Document Page 1 of 17
Case No:

Debtor(s):

24-31346-SWE

Robert Elvin Gordon

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 hereby move(s) the Court to value the

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

the proof of claim.

Plan, Debtor(s)

Collateral Plan

SECTION I

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

FORM REVISED 5/12/21

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.

A. PLAN PAYMENTS:

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

$2,200.00 per month, months 1 to 1 . $2,900.00 per month, months 2 to 12 . $6,250.00 per month, months 13 to 60 .

First payment is due .

$334,100.00

6/5/2024

$0.00

60

$42,155.00

For a total of (estimated "Base Amount").

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

.

The applicable commitment period ("ACP") is months.

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

.

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

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Case No:

Debtor(s):

24-31346-SWE

Robert Elvin Gordon

B. STATUTORY, ADMINISTRATIVE AND DSO CLAIMS:

1. CLERK'S FILING FEE: and shall be paid in full

prior to disbursements to any other creditor. 2. STATUTORY TRUSTEE'S PERCENTAGE FEE(S) AND NOTICING FEES:

3. DOMESTIC SUPPORT OBLIGATIONS: The

$0.00

DSO CLAIMANTS SCHED. AMOUNT % TERM (APPROXIMATE) TREATMENT

Trustee's Percentage Fee(s)

(MONTHS __ TO __) $__ PER MO.

Total filing fees paid through the Plan, if any, are

and any

Debtor is responsible for paying any Post-petition Domestic Support

Obligation directly to the DSO claimant. Pre-petition Domestic Support Obligations per Schedule "E/F" shall be paid in

the following monthly payments:

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).

C. ATTORNEY FEES: To , total: *;

Pre-petition; disbursed by the

Law Office of Richard D. Kinkade

$3,750.00

$4,250.00

$500.00 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 Fed. R. Bankr. P. 3002.1 notices

D.(1) PRE-PETITION MORTGAGE ARREARAGE:

MORTGAGEE SCHED. DATE % TERM (APPROXIMATE) TREATMENT

ARR. AMT ARR. THROUGH (MONTHS __ TO __)

The Bank of New York Mellon $60,000.00 5/1/2024

2705 Raintree Drive, Carrollton, TX 75006

0.00% Month(s) 1-33 Pro-rata

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

MORTGAGEE # OF PAYMENTS CURRENT POST- FIRST CONDUIT

PAID BY TRUSTEE PETITION MORTGAGE PAYMENT DUE DATE

PAYMENT AMOUNT (MM-DD-YY)

The Bank of New York Mellon

2705 Raintree Drive, Carrollton, TX 75006

58 month(s) $2,574.83 8/1/2024

D.(3) POST-PETITION MORTGAGE ARREARAGE:

MORTGAGEE TOTAL DUE DATE(S) % TERM (APPROXIMATE) TREATMENT

AMT. (MM-DD-YY) (MONTHS __ TO __)

The Bank of New York Mellon $5,149.66

2705 Raintree Drive, Carrollton, TX 75006

6/1/24-7/1/24 0.00% Month(s) 1-33 Pro-rata

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Case No:

Debtor(s):

24-31346-SWE

Robert Elvin Gordon

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

CREDITOR /

COLLATERAL

SCHED. AMT. VALUE % TERM (APPROXIMATE) TREATMENT

A.

(MONTHS __ TO __) Per Mo.

CREDITOR /

COLLATERAL

SCHED. AMT. VALUE % TREATMENT

B.

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

satisfaction of the creditor's claim. Debtor(s)retain(s) the right to surrender the Collateral to the creditor in

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

CREDITOR /

COLLATERAL

SCHED. AMT. % TERM (APPROXIMATE) TREATMENT

A.

(MONTHS __ TO __) Per Mo.

CREDITOR /

COLLATERAL

SCHED. AMT. % TREATMENT

B.

Pro-rata

The valuation of 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 ("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

Collateral

Trustee's Recommendation Concerning Claims

accepted the Plan

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

F. SECURED CREDITORS - COLLATERAL TO BE SURRENDERED:

CREDITOR /

COLLATERAL

SCHED. AMT. VALUE TREATMENT

Surrender

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

payment of all or part of a claim against the in the amount of the value given herein. The valuation of 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 ("TRCC") or by an order on an objection

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

surrender, the automatic stay shall terminate and the shall cease disbursements on any secured claim which is

secured by the , without further order of the Court, on the 7th day after the date the is filed. However,

the stay shall not be terminated if the

General Order until such objection is resolved. Nothing in this

Collateral

Debtor(s)

Collateral

Trustee's Recommendation Concerning Claims

Debtor(s) Collateral. Trustee

Surrendered Collateral Plan

Plan shall be deemed to abrogate any applicable non-bankruptcy statutory or contractual rights of the Debtor(s).

Trustee or affected secured lender files an objection in compliance with paragraph 8 of the

G. SECURED CREDITORS - PAID DIRECT BY DEBTOR:

CREDITOR COLLATERAL SCHED. AMT. Carrollton-Farmers Branch ISD 2705 Raintree Drive, Carrollton, TX 75006 $2,750.76

Dallas County 2705 Raintree Drive, Carrollton, TX 75006 $0.00

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Case No:

Debtor(s):

24-31346-SWE

Robert Elvin Gordon

H. PRIORITY CREDITORS OTHER THAN DOMESTIC SUPPORT OBLIGATIONS:

CREDITOR SCHED. AMT. TERM (APPROXIMATE) TREATMENT

(MONTHS __ TO __)

I. SPECIAL CLASS:

CREDITOR SCHED. AMT. TERM (APPROXIMATE) TREATMENT

(MONTHS __ TO __)

JUSTIFICATION:

J. UNSECURED CREDITORS:

CREDITOR SCHED. AMT. COMMENT

Adrian Munoz $0.00

Capital One $400.00

Carrington Foreclosure Services $0.00

Carrington Mortgage $0.00

Carrington Mortgage Services, LLC $0.00

Internal Revenue Service $0.00

Internal Revenue Service $0.00

Internal Revenue Service $0.00

LVNV Funding, LLC $626.59

Texas Workforce Commission $0.00

U.S. Attorney General $0.00

United States Attorney $0.00

United States Trustee $0.00

estimated (but not guaranteed) payout to unsecured creditors based on the scheduled amount is ____________.

TOTAL SCHEDULED UNSECURED: $1,026.59

The 100%

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

Debtor's(s')

K. EXECUTORY CONTRACTS AND UNEXPIRED LEASES:

§ 365 PARTY ASSUME/REJECT CURE AMOUNT TERM (APPROXIMATE) TREATMENT

(MONTHS __ TO __)

Adrian Munoz Assumed $0.00

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 theTrustee to pay the Base Amount. B.

The Statutory Percentage Fees of the 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 is authorized to charge and collect Noticing Fees as indicated in Section I, Part "B" hereof. Trustee

Trustee

ADMINISTRATIVE EXPENSES, DSO CLAIMS & PAYMENT OF TRUSTEE'S STATUTORY PERCENTAGE FEE(S) AND

NOTICING FEES:

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Case No:

Debtor(s):

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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 theTrustee 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 shall be paid by the in the allowed pre-petition 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 on the allowed pre-petition amount shall be reduced

by the total adequate protection less any interest (if applicable) paid to the creditor by the Such creditors shall retain

their liens.

Mortgage Arrearage Trustee

Plan Mortgage Arrearage

Trustee.

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

shall be paid by the as indicated in Section I, Part D.(2), or as otherwise

provided in the General Order. Current Post-Petition Mortgage Payment(s) Trustee

The indicated in Section I, Part D.(2) reflects what the believe(s) is/are the

periodic payment amounts owed to the as of the date of the filing of this Adjustment of the

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

Current Post-Petition Mortgage Payment(s) Debtor(s)

Mortgage Lender Plan. Plan Payment

Base Amount

Payments received by the for payment of the shall be deemed

adequate protection to the creditor. Trustee Debtor's Current Post-Petition Mortgage Payment(s)

Upon completion of the shall resume making the required by their

contract on the due date following the date specified in the records as the date through which the

last

made the

Plan, Debtor(s) Current Post-Petition Mortgage Payments

Trustee's Trustee

Current Post-Petition Mortgage Payment. Unless otherwise ordered by the Court, and subject to Bankruptcy Rule 3002.1(f)-(h), if a is current on his/her

or the payment(s) due pursuant to any wage directive, the

Conduit Debtor

Plan Payments 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 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 as stated in the

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 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 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

Collateral Plan. Collateral

Plan

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 secured by a purchase money

security interest in a motor vehicle acquired for the personal use of the or debts incurred within one year of the

secured by any other thing of value.

Petition Date

Debtor(s)

Petition Date

The claims listed in Section I, Part E.(2) shall be paid by the 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 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 on the allowed secured claim shall be reduced by the total of adequate protection payments paid to the

creditor by the

Trustee

Collateral

Plan

Trustee.

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Case No:

Debtor(s):

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Robert Elvin Gordon

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

claim direct per the contract or statute.

Each secured claim shall constitute a separate class.

Debtor(s)

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 , as stated in the

, by surrender of the by the on or before confirmation. Any amount claimed in excess of the value of the

, 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.

Collateral

Plan Collateral Debtor(s)

Collateral

G. DIRECT PAYMENTS BY DEBTOR(S):

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

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 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 , in full, either per month or pro-rata (as

Plan

Trustee

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 assume(s) or reject(s) the executory contracts or unexpired

leases with parties as indicated in Section I, Part K.

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

Debtor(s)

Trustee

L. CLAIMS TO BE PAID:

"TERM (APPROXIMATE)" as used in this states the estimated number of months from the 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 will only be made on statutory, secured, administrative, priority and unsecured claims that are allowed or,

pre-confirmation, that the has/have authorized in a filed Authorization for Adequate Protection Disbursements.

Plan Petition Date

Plan

Debtor(s)

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 is a or not, if the regular payment made by the to a or any other

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

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 fails to make these payments, the mortgage holder may, but is not required to, pay the taxes and/or the

Debtor Conduit Debtor Debtor Mortgage Lender

Debtor

Debtor

Notice of Payment Change by Mortgage Lender Notice of

Fees, Expenses, and Charges.

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 or a

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Case No:

Debtor(s):

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O. CLAIMS NOT FILED:

A claim not filed with the Court will not be paid by theTrustee 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. 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 11 U.S.C. § 1302(c) Business Case Report, business are no longer required to file

operating reports with the , unless the requests otherwise. The filing of the

Business Case Report shall terminate the duties but not the right to investigate or monitor the

business affairs, assets or liabilities.

Trustee's Debtors

Trustee Trustee

Trustee's Trustee's Debtor's(s')

Trustee's 11 U.S.C. § 1302(c)

S.

The shall not be liable for any claim arising from the post-confirmation operation of the business. Any

claims against the arising from the pre-confirmation operation of the 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.

Trustee Debtor's(s')

Trustee Debtor's(s')

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

PRE-CONFIRMATION OPERATIONS:

T.

shall not dispose of or encumber any non-exempt property or release or settle any lawsuit or claim by , prior

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

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:

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

without discharge. Vesting shall be subject to all liens and encumbrances in existence when the 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 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 , the 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

must seek approval of the court to purchase, sell, or refinance real property.

Debtor Case

Case

Case

Plan Trustee

Debtor(s)

Upon dismissal of the Case post confirmation, the

Case, any balance on hand will be disbursed by 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 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.

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Case No:

Debtor(s):

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Robert Elvin Gordon

1st -- 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.

2nd -- 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.

3rd -- 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.

4th -- Attorney Fees in C, which must be designated to be paid pro-rata.

5th -- Post-Petition Mortgage Arrearage as set out in D.(3), if designated to be paid per mo.

6th -- Post-Petition Mortgage Arrearage as set out in D.(3), if designated to be paid pro-rata.

7th -- Arrearages owed on Executory Contracts and Unexpired Leases in K, which must be designated to be paid per mo.

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

8th -- Any Creditors listed in D.(1), if designated to be paid per mo.

9th -- 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.

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 pro-rata.

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.

Page 9

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Document Page 9 of 17
Case No:

Debtor(s):

24-31346-SWE

Robert Elvin Gordon

NONSTANDARD PROVISIONS

SECTION III

None.

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

Plan is void.

Richard D. Kinkade, Debtor's(s') Attorney

State Bar Number

/s/ Richard D. Kinkade

11477350

I, the undersigned, hereby certify that the

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

Debtor (if unrepresented by an attorney)

Richard D. Kinkade, Debtor's(s') Counsel

/s/ Richard D. Kinkade

Plan contains no nonstandard provisions other than those set out in this final paragraph.

Page 10

Case 24-31346-swe13 Doc 17 Filed 05/30/24 Entered 05/30/24 12:04:38 Desc Main

Document Page 10 of 17
Case No:

Debtor(s):

24-31346-SWE

Robert Elvin Gordon

CERTIFICATE OF SERVICE

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 :

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

Dated:

Richard D. Kinkade, Debtor's(s') Counsel

30th day of May, 2024

May 30, 2024 /s/ Richard D. Kinkade

Adrian Munoz

11539 Reeder Rd. Dallas, TX 75229

Barrett Daffin Frappier Turner & Engel

4004 Belt Line Road, Suite 100

Addison, TX 75001

Capital One

ATTN: Bankruptcy Dept. POB 30285

Salt Lake City, UT 84130

Carrington Foreclosure Services

POB 3309

Anaheim, CA 92803

Carrington Mortgage

POB 3010

Anaheim, CA 92843

Carrington Mortgage Services, LLC

1600 South Douglass Rd. Anaheim, CA 92806

Carrollton-Farmers Branch ISD

c/o Perdue Brandon Fielder et al

1919 S. Shiloh Road, Suite 640, LB 40

Garland, TX 75042

Dallas County

c/o Linebarger Goggan Sampson et al

2777 N. Stemmons Freeway

Suite 1000

Dallas, Texas 75207

Internal Revenue Service

Centralized Insolvency

POB 7346

Philadelphia, PA 19101-7346

Internal Revenue Service

1100 Commerce St. M/S MC5027DAL

Dallas, TX 75242

Internal Revenue Service

IRS - SBSE Insolvency Area 10

1100 Commerce St., MC 5026 DAL

Dallas, TX 75242

LVNV Funding, LLC

Resurgent Capital Services

PO Box 10587

Greenville, SC 29603-0587

Robert Elvin Gordon

2705 Raintree Drive

Carrollton, TX 75006

Texas Workforce Commission

Regulatory Integrity Division

101 East 15th St., Room 556

Austin, TX 78778-0001

The Bank of New York Mellon

c/o Carrington Mortgage Services, LLC

1600 South Douglass Road

Anaheim, CA 92806

Thomas D. Powers

Chapter 13 Trustee

105 Decker Court

Suite 1150

Irving, TX 75062

U.S. Attorney General

Department of Justice

Main Justice Bldg. 10th & Constitution Ave., NW

Washington, DC 20530-0001

United States Attorney

1100 Commerce Street

Third Floor

Dallas, TX 75242-1699

Page 11

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Document Page 11 of 17
Case No:

Debtor(s):

24-31346-SWE

Robert Elvin Gordon

United States Trustee

1100 Commerce Street

Room 976

Dallas, TX 75242-0996

Page 12

Case 24-31346-swe13 Doc 17 Filed 05/30/24 Entered 05/30/24 12:04:38 Desc Main

Document Page 12 of 17
Law Office of Richard D. Kinkade

2121 W Airport Freeway

Suite 400

Irving, TX 75062

Phone: (972) 256-4444

Bar Number: 11477350

IN THE UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

IN RE: CASE NO: 24-31346-SWE

Debtor(s)

§

§

§

§

§

AUTHORIZATION FOR ADEQUATE PROTECTION DISBURSEMENTS DATED:_5_/_6_/2_0_2_4_________

Revised 10/1/2016

Robert Elvin Gordon xxx-xx-3634

2705 Raintree Drive

Carrollton, TX 75006

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

indicated below:

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

Account Balance Reserve

Trustee Percentage Fee

Filing Fee

Noticing Fee

Subtotal Expenses/Fees

$5.00 $5.00 carried forward

$219.50 See below* $0.00 See below* $21.00 See below*

Periodic Payment Amount Variable Plan Payments. See Monthly Schedule below.*

$1,954.50

$245.50 See below*

See below* Available for payment of Adequate Protection, Attorney Fees and

Current Post-Petition Mortgage Payments:

CREDITORS SECURED BY VEHICLES (CAR CREDITORS):

Name Collateral Amount

Scheduled Value of

Collateral

Protection Percentage

Adequate Adequate Protection Payment Amount

Total Adequate Protection Payments for Creditors Secured by Vehicles: $0.00

CURRENT POST-PETITION MORTGAGE PAYMENTS (CONDUIT):

Name Collateral Amount

Scheduled Value of

Start Date Collateral Payment Amount

The Bank of New York Mellon 2705 Raintree Drive, Carrollton, TX 750086/1/2024 $180,000.00 $280,000.00 $2,574.83

Payments for Current Post-Petition Mortgage Payments (Conduit): $2,574.83

Computer software provided by LegalPRO Systems, Inc., San Antonio, Texas - (210) 561-5300.

Case 24-31346-swe13 Doc 17 Filed 05/30/24 Entered 05/30/24 12:04:38 Desc Main

Document Page 13 of 17
Debtor(s): Robert Elvin Gordon Case No: 24-31346-SWE

CREDITORS SECURED BY COLLATERAL OTHER THAN A VEHICLE:

Name Collateral Amount

Scheduled Value of

Collateral

Protection Percentage

Adequate Adequate Protection Payment Amount

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

TOTAL PRE-CONFIRMATION PAYMENTS

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

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

Debtor's Attorney, per mo:

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

$0.00

$0.00

$1,954.50

$0.00

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:

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

Debtor's Attorney, per mo:

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

$2,574.83

$0.00

See Monthly Schedule below* $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):

*Monthly Schedule

Month

Plan

Payment

Account

Balance

Reserve

Trustee

Percentage

Fee

Filing

Fees

Noticing

Fees

Subtotal

Expenses/

Fees Available

Available

for APD

Available

for

Attorney

1 $2,200.00 $5.00 $219.50 $0.00 $21.00 $245.50 $1,954.50 $0.00 $1,954.50

2 $2,900.00 $290.00 $290.00 $2,610.00 $2,574.83 $35.17

3 $2,900.00 $290.00 $290.00 $2,610.00 $2,574.83 $35.17

4 $2,900.00 $290.00 $290.00 $2,610.00 $2,574.83 $35.17

5 $2,900.00 $290.00 $290.00 $2,610.00 $2,574.83 $35.17

6 $2,900.00 $290.00 $290.00 $2,610.00 $2,574.83 $35.17

7 $2,900.00 $290.00 $290.00 $2,610.00 $2,574.83 $35.17

8 $2,900.00 $290.00 $290.00 $2,610.00 $2,574.83 $35.17

9 $2,900.00 $290.00 $290.00 $2,610.00 $2,574.83 $35.17

10 $2,900.00 $290.00 $290.00 $2,610.00 $2,574.83 $35.17

11 $2,900.00 $290.00 $290.00 $2,610.00 $2,574.83 $35.17

12 $2,900.00 $290.00 $290.00 $2,610.00 $2,574.83 $35.17

13 $6,250.00 $625.00 $625.00 $5,625.00 $2,574.83 $1,408.63

Computer software provided by LegalPRO Systems, Inc., San Antonio, Texas - (210) 561-5300.

Case 24-31346-swe13 Doc 17 Filed 05/30/24 Entered 05/30/24 12:04:38 Desc Main

Document Page 14 of 17
Debtor(s): Robert Elvin Gordon Case No: 24-31346-SWE

DATED:________________________

Attorney for Debtor(s)

/s/ Richard D. Kinkade

5/30/2024

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.

Computer software provided by LegalPRO Systems, Inc., San Antonio, Texas - (210) 561-5300.

Case 24-31346-swe13 Doc 17 Filed 05/30/24 Entered 05/30/24 12:04:38 Desc Main

Document Page 15 of 17
UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

IN RE: Robert Elvin Gordon

Debtor CASE NO. 24-31346-SWE

CHAPTER 13

Joint Debtor CERTIFICATE OF SERVICE

Irving, TX 75062

Suite 400

2121 W Airport Freeway

Bar ID:11477350

Richard D. Kinkade

(972) 256-4444

/s/ Richard D. Kinkade

Law Office of Richard D. Kinkade

I, the undersigned, hereby certify that on May 30, 2024, a copy of the attached Chapter 13 Plan, with any attachments, was served on each party in interest listed below, by placing each copy in an envelope properly addressed, postage fully

prepaid in compliance with Local Rule 9013 (g).

Adrian Munoz

11539 Reeder Rd. Dallas, TX 75229

Barrett Daffin Frappier Turner & Engel

4004 Belt Line Road, Suite 100

Addison, TX 75001

Capital One

ATTN: Bankruptcy Dept. POB 30285

Salt Lake City, UT 84130

Carrington Foreclosure Services

POB 3309

Anaheim, CA 92803

Carrington Mortgage

POB 3010

Anaheim, CA 92843

Carrington Mortgage Services, LLC

1600 South Douglass Rd. Anaheim, CA 92806

Carrollton-Farmers Branch ISD

c/o Perdue Brandon Fielder et al

1919 S. Shiloh Road, Suite 640, LB 40

Garland, TX 75042

Dallas County

c/o Linebarger Goggan Sampson et al

2777 N. Stemmons Freeway

Suite 1000

Dallas, Texas 75207

Internal Revenue Service

Centralized Insolvency

POB 7346

Philadelphia, PA 19101-7346

Internal Revenue Service

1100 Commerce St. M/S MC5027DAL

Dallas, TX 75242

Internal Revenue Service

IRS - SBSE Insolvency Area 10

1100 Commerce St., MC 5026 DAL

Dallas, TX 75242

LVNV Funding, LLC

Resurgent Capital Services

PO Box 10587

Greenville, SC 29603-0587

Case 24-31346-swe13 Doc 17 Filed 05/30/24 Entered 05/30/24 12:04:38 Desc Main

Document Page 16 of 17
UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

IN RE: Robert Elvin Gordon

Debtor CASE NO. 24-31346-SWE

CHAPTER 13

Joint Debtor CERTIFICATE OF SERVICE

(Continuation Sheet #1)

Robert Elvin Gordon

2705 Raintree Drive

Carrollton, TX 75006

Texas Workforce Commission

Regulatory Integrity Division

101 East 15th St., Room 556

Austin, TX 78778-0001

The Bank of New York Mellon

c/o Carrington Mortgage Services, LLC

1600 South Douglass Road

Anaheim, CA 92806

Thomas D. Powers

Chapter 13 Trustee

105 Decker Court

Suite 1150

Irving, TX 75062

U.S. Attorney General

Department of Justice

Main Justice Bldg. 10th & Constitution Ave., NW

Washington, DC 20530-0001

United States Attorney

1100 Commerce Street

Third Floor

Dallas, TX 75242-1699

United States Trustee

1100 Commerce Street

Room 976

Dallas, TX 75242-0996

Case 24-31346-swe13 Doc 17 Filed 05/30/24 Entered 05/30/24 12:04:38 Desc Main

Document Page 17 of 17