Bar No.01344800

860 Airport Freeway, Ste 150

Hurst, TX 76054

Phone: (817) 916-4710

PAM BASSEL STANDING CHAPTER 13 TRUSTEE

UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

IN RE: CASE NO.: 23-41636-ELM-13

GILBERT RODARTE

5802 TAUNTON CT

ARLINGTON, TX 76018

SSN/TIN: XXX-XX-4126

DEBTOR HEARING: MARCH 14, 2024 AT 8:30 AM

 TRUSTEE'S RECOMMENDATION CONCERNING CLAIMS AND

 PLAN MODIFICATION (IF REQUIRED)

NO HEARING WILL BE CONDUCTED UNLESS A WRITTEN RESPONSE IS FILED WITH THE UNITED STATES 

BANKRUPTCY CLERK AT ELDON B. MAHON U.S. COURTHOUSE 501 W. 10TH ST., RM. 147 FORT WORTH, TX 

76102-3643 BEFORE CLOSE OF BUSINESS 30 DAYS FROM THE DATE OF SERVICE. ANY RESPONSE SHALL BE 

FILED WITH THE CLERK AND SERVED ON THE TRUSTEE. IF A RESPONSE IS TIMELY FILED, A HEARING MAY BE 

HELD WITH NOTICE ONLY TO THE RESPONDING PARTY. IF NO RESPONSE IS TIMELY FILED, THE PLEADING 

SHALL BE DEEMED UNOPPOSED, AND THE COURT MAY ENTER AN ORDER GRANTING THE RELIEF.

If an opposed response is timely filed and remains unresolved, this matter will be called at the docket call on the 

date and time above in Room 204 at Eldon B. Mahon U.S. Courthouse 501 W. 10th St., Fort Worth, TX 76102 -3643 

with a hearing following docket call.

Attend by WebEx Video:

Link: https://us−courts.webex.com/meet/morris

Attend by WebEx Telephone:

Dial In: 1.650.479.3207

Meeting ID: 473 581 124

By: /s/ Ethan S. Cartwright

 Ethan S. Cartwright, Staff Attorney

 Bar No. 24068273

 PAM BASSEL STANDING CHAPTER 13 TRUSTEE

 Bar No. 01344800

 860 Airport Freeway, Ste 150

 Hurst, TX 76054

 (817) 916-4710 Phone

 

Respectfully submitted, 

 TRUSTEE'S RECOMMENDATION CONCERNING CLAIMS AND PLAN MODIFICATION (IF REQUIRED)

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Case 23-41636-elm13 Doc 32 Filed 02/08/24 Entered 02/08/24 13:14:40 Desc Main

Document Page 1 of 5
CERTIFICATE OF SERVICE

I certify that a true and correct copy of the Notice of Hearing and Trustee’s Recommendation Concerning 

Claims and Plan Modification if Required was served on or before the date of filing. Service was accomplished 

electronically on Debtor's attorney and all parties entitled to electronic notice and by first class mail on the Debtor and the 

parties listed below, if any. 

By: /s/ Ethan S. Cartwright

 Ethan S. Cartwright

DEBTOR: Gilbert Rodarte, 5802 Taunton Ct, Arlington, TX 76018

ATTORNEY: RICHARD M WEAVER and ASSOCIATES, 5601 AIRPORT FRWY, FT WORTH, TX 76117

CREDITORS:

Aldridge Pite LLP, 8880 Rio San Diego Drive Suite 752, San Diego CA 92117, PO Box 17935, San Diego, CA 92177

ALDRIDGE PITE LLP, 8880 RIO SAN DIEGO DR STE 725, SAN DIEGO, CA 92108-0000

Ally, po box 78252, Phoenix, AZ 85062

ATTORNEY GENERAL OF TEXAS, BANKRUPTCY SECTION, 400 S ZANG BLVD STE 500, DALLAS, TX 75208

ATTORNEY GENERAL OF TEXAS, COLLECTIONS DIV/BANKRUPTCY SEC, PO BOX 12548, AUSTIN, TX 78711

CAPITAL ONE AUTO FINANCE, C/O AIS PORTFOLIO, 4515 N SANTA FE AVE DEPT APS, OKLAHOMA CITY, OK 73118-0000

CITIBANK, PO BOX 790040, ST LOUIS, MO 63179-0000

DEPARTMENT OF VETERANS AFFAIRS, ONE VETERANS PLAZA, 701 CLAY AVE, WACO, TX 76799

FIFTH AND GLAM, C/O CREDITORS BANKRUPTCY SERV, PO BOX 800849, DALLAS, TX 75380-0000

FINGERHUT, 6250 RIDGEWOOD RD, ST CLOUD, MN 56303-0000

INTERNAL REVENUE SERVICE, PO BOX 7346, PHILADELPHIA, PA 19101

LINEBARGER GOGGAN BLAIR AND SAMPSON, 2777 N STEMMONS FWY STE 1000, DALLAS, TX 75207-0000

Midnight Velvet, Attn Bankruptcy, 1112 7th Avenue, Monroe, WI 53566

MONTGOMERY WARD, C/O CREDITORS BANKRUPTCY SERVICE, PO BOX 800849, DALLAS, TX 75380-0000

NEW REZ LLC DBA SHELLPOINT MORTGAGE SVC, PO BOX 10826, GREENVILLE, SC 29603-0000

NEWREZ LLC, DBA SHELLPOINT MORTGAGE SERVICING, 55 BEATTIE PL STE 110, GREENVILLE, SC 29601-0000

PADGETT LAW GROUP, 6267 OLD WATER OAK RD STE 203, TALLAHASSEE, FL 32312-0000

PERDUE BRACKETT FLORES UTT & BURNS, JV, C/O PBFC&M, LLP, 500 E BORDER ST STE 640, ARLINGTON, TX 76010-0000

RICHARD M WEAVER and ASSOCIATES, 5601 AIRPORT FRWY, FT WORTH, TX 76117-0000

Sandra Rodarte, 5802 Taunton Court, Arlington, TX 76018

SYNCHRONY BANK, PO BOX 965060, ORLANDO, FL 32896-0000

TARRANT COUNTY TAX COLLECTOR, DELINQUENT TAX DEPARTMENT, 2777 N STEMMONS FREEWAY STE 1000, DALLAS, TX 75207-0000

TEXAS ALCOHOLIC BEVERAGE COMM, LICENSES AND PERMITS DIVISION, PO BOX 13127, AUSTIN, TX 78711

TEXAS COMPTROLLER PUBLIC ACCTS, REVENUE ACCOUNTING DIV/BANKRUP, PO BOX 13528, AUSTIN, TX 78711

TEXAS WORKFORCE COMMISSION, TAX DEPT COLLECTION FKA TEC, 101 E 15TH ST, RM 556-A, AUSTIN, TX 78778-0000

TXU, PO BOX 650764, DALLAS, TX 75265-0000

US Department of Housing and Urban Develop, 307 W 7th St Suite 1000, Fort Worth, TX 76102

US Dept of Hud Title 1, 52 Corporate Circle, Albany, NY 12203

VERIZON BY AMERICAN INFOSOURCE AS AGENT, PO BOX 4457, HOUSTON, TX 77210-0000

Verizon by American InfoSource LP as agent, 4515 N. Santa Fe Ave, Oklahoma City, OK 73118-0000

***Address on record invalid for recipient -- no document mailed to this party.

 TRUSTEE'S RECOMMENDATION CONCERNING CLAIMS AND PLAN MODIFICATION (IF REQUIRED)

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Bar No.01344800

860 Airport Freeway, Ste 150

Hurst, TX 76054

Phone: (817) 916-4710

PAM BASSEL STANDING CHAPTER 13 TRUSTEE

UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

IN RE: CASE NO.: 23-41636-ELM-13 

GILBERT RODARTE

5802 TAUNTON CT

ARLINGTON, TX 76018

SSN/TIN: XXX-XX-4126

DEBTOR HEARING: MARCH 14, 2024 AT 8:30 AM

 TRUSTEE'S RECOMMENDATION CONCERNING CLAIMS AND PLAN MODIFICATION (IF REQUIRED)

NO HEARING WILL BE CONDUCTED UNLESS A WRITTEN RESPONSE IS FILED WITH THE UNITED STATES 

BANKRUPTCY CLERK AT ELDON B. MAHON U.S. COURTHOUSE 501 W. 10TH ST., RM. 147 FORT WORTH, TX 

76102-3643 BEFORE CLOSE OF BUSINESS 30 DAYS FROM THE DATE OF SERVICE. ANY RESPONSE SHALL BE 

FILED WITH THE CLERK AND SERVED ON THE TRUSTEE. IF A RESPONSE IS TIMELY FILED, A HEARING MAY BE 

HELD WITH NOTICE ONLY TO THE RESPONDING PARTY. IF NO RESPONSE IS TIMELY FILED, THE PLEADING 

SHALL BE DEEMED UNOPPOSED, AND THE COURT MAY ENTER AN ORDER GRANTING THE RELIEF.

The Trustee files the following Recommendation Concerning Claims and Plan Modification (If Required) and would show 

the Court the following:

I. TRUSTEE'S RECOMMENDATION CONCERNING CLAIMS NOT FILED

The following creditors were scheduled by the Debtor. No Proof of Claim has been filed by them or on their behalf as 

required by Bankruptcy Rule 3002(a). The bar date for filing claims pursuant to Bankruptcy Rule 3002 (c) has passed. 

Therefore, these creditors will not receive disbursements from the Trustee :

T'EE # CREDITOR'S NAME SCHED CLASS SCHED AMOUNT

 4 ALLY VEHICLE $8,000.00 

 5 CITIBANK UNSECURED $165.00 

 6 FINGERHUT UNSECURED $0.00 

 7 MIDNIGHT VELVET UNSECURED $0.00 

 8 SYNCHRONY BANK UNSECURED $0.00 

 9 TXU UNSECURED $421.00 

 10 TXU UNSECURED $71.00 

 TRUSTEE'S RECOMMENDATION CONCERNING CLAIMS AND PLAN MODIFICATION (IF REQUIRED)

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II. TRUSTEE'S RECOMMENDATIONS CONCERNING FILED CLAIMS

UNLESS AN OBJECTION IS TIMELY FILED AS TO THE AMOUNT OR CLASSIFICATION OF ANY CLAIM LISTED BELOW, THAT 

CLAIM WILL BE PAID AS DESCRIBED HEREIN AND SUCH AMOUNT AND CLASSIFICATION WILL BE FINAL AND BINDING 

ON ALL PARTIES WITHOUT FURTHER ORDER OF THE COURT. ALL ALLOWED SECURED CLAIMS WHICH WERE UNTIMELY 

FILED WILL BE PAID AS IF TIMELY FILED, PURSUANT TO THE ORDER OF PAYMENT STATED IN THE CHAPTER 13 PLAN, 

UNLESS THE COURT ORDERS OTHERWISE FOLLOWING A TIMELY OBJECTION TO THIS TRCC. (NOTE: Value of collateral, 

treatment under the Plan and interest rate were determined at Confirmation. "Interest Rate" and "Treatment" are shown 

CLAIM# CURRENT MORTGAGE PAYMENTS COLLATERAL CLAIM TREATMENT

INTEREST

RATE

6 NEW REZ LLC DBA SHELLPOINT MORTGAG HOMESTEAD ONGOING 09/01/23 - $2,100.00

02/01/24 - $2,392.93

CLAIM# SECURED CREDITORS COLLATERAL CLAIM TREATMENT

INTEREST

RATE

6 NEW REZ LLC DBA SHELLPOINT MORTGAG HOMESTEAD ARREARS $90,382.71 0.00% PRO RATA-TR

6 NEW REZ LLC DBA SHELLPOINT MORTGAGHOMESTEAD GAP/7/23-8/23 $4,785.86 0.00% PRO RATA-TR

3 TARRANT COUNTY TAX COLLECTOR HOMESTEAD/23 $8,797.81 DIRECT-DR

3 TARRANT COUNTY TAX COLLECTOR MINERAL INTEREST/14-15/22-23 $175.66 12.00% PRO RATA-TR

NEW REZ LLC DBA SHELLPOINT MORTGAG SUPPLEMENTAL/PLAN RVW/OBJ TO 

CONF/POC/MAILING

6 $1,678.75 0.00% PRO RATA-TR

NEW REZ LLC DBA SHELLPOINT MORTGAG HOMESTEAD/POST ARRS 

DIFFERENCE/9/23-1/24

6 $1,464.65 0.00% PRO RATA-TR

CLAIM# ADDITIONAL ATTORNEY FEES CLAIM TREATMENT

RICHARD M WEAVER AND ASSOCIATES $650.00 PRO RATA-TR

CLAIM# UNSECURED CLAIM COMMENT

1 FIFTH AND GLAM $273.41 CREDIT CARD

2 MONTGOMERY WARD $297.09 GOODS SOLD

4 TEXAS WORKFORCE COMMISSION $36,872.76 STATE 

UNEMPLOYMENT 

TAX/2011-2014

5 VERIZON BY AMERICAN INFOSOURCE AS A $1,840.89 SERVICES

III. PLAN MODIFICATION

Modification Details

The following changes will be made to Debtor Payments, Plan Base and/or Plan Term for the reason(s) specified 

below:

Payments $3,850 x 9 then increase beginning 4/5/24 at $5,201 x 51 for plan base of $299,901 in 60 months

Reason(s) for Modification:

To make the plan sufficient.

Provide for full ongoing payment of $2392.93 to begin February '24. Provide for post-petition arrears for September 

'23-January '24 & 9/12/23 Notice of Postpetition Mortgage Fees, Expenses, & Charges by New Rez/Shellpoint.

 TRUSTEE'S RECOMMENDATION CONCERNING CLAIMS AND PLAN MODIFICATION (IF REQUIRED)

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By: /s/ Ethan S. Cartwright

 Ethan S. Cartwright, Staff Attorney

 Bar No. 24068273

 PAM BASSEL STANDING CHAPTER 13 TRUSTEE

 Bar No. 01344800

 860 Airport Freeway, Ste 150

 Hurst, TX 76054

 (817) 916-4710 Phone

 

Respectfully submitted, 

 TRUSTEE'S RECOMMENDATION CONCERNING CLAIMS AND PLAN MODIFICATION (IF REQUIRED)

Page 5 of 5

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Document Page 5 of 5