Charles William Hatcher, Jr.
Bankruptcy Court Docket Sheet

Northern District of Alabama (Bankruptcy)

2:2017-bk-03549 (alnb)

Trustee's Motion to Dismiss Case for Failure to Make Plan Payments. (Ch13troffice, ct)

UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION IN RE: CASE NO: 17-03549-DSC13 CHARLES WILLIAM HATCHER, JR. Debtor. TRUSTEE'S MOTION TO DISMISS COMES NOW Bradford W. Caraway, Chapter 13 Standing Trustee, and moves this Honorable Court to dismiss the Debtor's case. As grounds therefore, the Trustee shows the following: 1. The Trustee files this motion pursuant to 11 U.S.C. § 1307(c). 2. There has been a material default by the Debtor with respect to a term of the confirmed plan. 3. The Debtor is not making plan payments as required by the Confirmation Order. WHEREFORE, the Trustee moves this Honorable Court to dismiss this case. The Trustee requests such other relief as the Court deems appropriate. /s/ Bradford W. Caraway Bradford W. Caraway Chapter 13 Standing Trustee P.O. Box 10848 Birmingham, AL 35202 (205) 323-4631 Certificate of Service I hereby certify that a correct copy of the foregoing motion has been forwarded by email or U.S. mail, to the following on this the 14th day of February, 2018: CHARLES WILLIAM HATCHER, JR. BRENT W DAVIS AND ASSOCIATES LLC /s/ Bradford W. Caraway TRUSTEE CHARLES WILLIAM HATCHER, JR. 728 HWY 72 PELHAM, AL 35124 Case 17-03549-DSC13 Doc 31 Filed 02/14/18 Entered 02/14/18 12:15:21 Desc Page 1 of 1

Notice of Hearing on Trustee's Motion to Dismiss (RE: related document(s)[31] Motion to Dismiss Case for Failure to Make Plan Payments). Hearing scheduled 3/13/2018 at 10:30 AM at Courtroom 1 (DSC) Birmingham.

Van−022 [Notice of Hearing on Trustee's Motion to Dismiss] (Rev. 09/17) UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF ALABAMA, SOUTHERN DIVISION In re: Case No. 17−03549−DSC13 Charles William Hatcher Jr. Chapter 13 SSN: xxx−xx−6028 Debtor(s) NOTICE OF HEARING ON TRUSTEE'S MOTION TO DISMISS Notice is hereby given that a Trustee's Motion to Dismiss has been filed in this case. An evidentiary hearing will be held on 3/13/18 at 10:30 AM in Robert S. Vance Federal Bldg, 1800 5th Ave No, Courtroom 1, Birmingham, AL 35203 to consider and act upon the motion and any response. Notice is further given that if the Debtor or the Debtor's attorney fails to appear at this hearing, the trustee's motion may be granted without further notice. If the attorney for the Debtor fails to appear at this hearing, the Court may impose monetary sanctions or other appropriate sanctions; reduce the award of attorney's fees in the case; and/or require the attorney to disgorge a portion of the fees awarded and paid in the case. If the motion is not granted, the Court may order that: A. (1) if a deduction order is entered in this case and (2) a payment is not received by the Trustee within 60 days from the date of the hearing and (3) unless scheduled payments are received timely by the Trustee for 12 months from the date of the hearing, the Trustee may notify the Court of the continuing default and the case may be dismissed without further notice; or B. (1) if no deduction order is entered in this case and (2) a payment is not received by the Trustee within 30 days from the date of the hearing and (3) unless scheduled payments are received timely by the Trustee for 12 months from the date of the hearing, the Trustee may notify the Court of the continuing default and the case may be dismissed without further notice. Consent forms must be filed no later than 10:00 p.m. on the day preceeding the scheduled hearing day. If a consent form is not fully completed or is not timely filed, it will not be considered and attendance is required by the Debtor, the Debtor's Attorney and the Chapter 13 Trustee. DEBTORS AND THEIR ATTORNEYS SHOULD DRESS APPROPRIATELY TO APPEAR IN THE FEDERAL BANKRUPTCY COURT. Dated: February 14, 2018 By: Joseph E. Bulgarella, Clerk United States Bankruptcy Court dls Case 17-03549-DSC13 Doc 32 Filed 02/14/18 Entered 02/14/18 15:46:44 Desc Ntc of Hrg on Trt Motion to Di Page 1 of 1

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Description
1
08/17/2017
Chapter 13 Voluntary Petition Individual. Receipt Number O, Fee Amount $310 Filed by Charles William Hatcher Jr.
2
08/17/2017
Chapter 13 Plan Filed by Debtor Charles William Hatcher Jr.
3
08/17/2017
Application to Pay Filing Fee in Installments Through the Chapter 13 Trustee Assigned to the Case Filed by Debtor Charles William Hatcher Jr.
5
08/17/2017
Certificate of Credit Counseling for Debtor Filed Filed by Debtor Charles William Hatcher Jr.
6
08/17/2017
Employee Income Records Filed by Debtor Charles William Hatcher Jr.
7
08/17/2017
Notice of Intent to Pay Chapter 13 Case Filing Fee through Chapter 13 Plan Filed by Debtor Charles William Hatcher Jr.
8
08/17/2017
Meeting of Creditors with 341(a) meeting to be held on 09/13/2017 at 09:30 AM at Creditor Meeting Room Birmingham. Confirmation hearing to be held on 10/03/2017 at 11:00 AM at Courtroom 1 (DSC) Birmingham. Proof of Claim due by 12/12/2017. Government Proof of Claim due by 02/13/2018 Objection to Dischargeability of Certain Debts due by 11/13/2017.
9
08/18/2017
Notice of Requirement to Complete Course in Financial Management. (Admin)
08/18/2017
Notice of Debtor's Prior Filings for debtor Charles William Hatcher, Jr. Case Number 11-05874, Chapter 7 filed in Alabama Northern Bankruptcy Court on 11/18/2011, Standard Discharge on 07/03/2012.(Admin) (Text entry; no document attached.)
10
08/18/2017
Order Approving Application for Payment of Filing Fees In Installments: IT IS ORDERED that the Debtor may pay the filing fee in installments as proposed in the application. A discharge shall not be granted until the filing fee has been paid in full. IT IS FURTHER ORDERED that all installments of the filing fee must be paid in full before the Debtor or Trustee may make further payments to an attorney or any other person who renders services to the Debtor in connection with the case. (Fee Amount $310.00) (RE: related document(s) 3 Application to Pay Filing Fees in Installments filed by Debtor Charles William Hatcher).
11
08/19/2017
BNC Certificate of Notice (RE: related document(s) 8 Meeting (AutoAssign Chapter 13)). Notice Date 08/19/2017.
12
08/20/2017
BNC Certificate of Notice (RE: related document(s) 2 Chapter 13 Plan filed by Debtor Charles William Hatcher). Notice Date 08/20/2017.
13
08/20/2017
BNC Certificate of Notice (RE: related document(s) 9 Notice of Requirement to Complete Course in Financial Management). Notice Date 08/20/2017.
14
08/23/2017
Notice of Appearance and Request for Notice Filed by Creditor Exeter Finance LLC.
15
09/14/2017
Meeting of Creditors Held 9/13/2017. (Ch13troffice, bc)
16
09/15/2017
Trustee's Objection to Confirmation of Chapter 13 Plan, Motion to Dismiss Case for Failure to Make Plan Payments, Trustee's Motion to Dismiss. (Ch13troffice, km)
17
09/18/2017
Notice of Hearing on (RE: related document(s) 16 Trustee's Objection to Confirmation of Plan, Motion to Dismiss Case for Failure to Make Plan Payments, Trustee's Motion to Dismiss). Hearing scheduled 10/3/2017 at 11:00 AM at Courtroom 1 (DSC) Birmingham.
18
09/20/2017
BNC Certificate of Notice (RE: related document(s) 17 Notice of Hearing). Notice Date 09/20/2017.
19
10/05/2017
Order Rescheduling Hearing Signed on 10/5/2017 (RE: related document(s) 8 Confirmation Hearing), 16 Trustee's Objection to Confirmation of Plan, Motion to Dismiss Case for Failure to Make Plan Payments, Trustee's Motion to Dismiss). Hearing scheduled 11/7/2017 at 11:15 AM at Courtroom 1 (DSC) Birmingham.
20
10/07/2017
BNC Certificate of Notice (RE: related document(s) 19 Order Rescheduling Hearing). Notice Date 10/07/2017.
10/19/2017
Payment of Installment Fee. Fee Amount $ 155.00 Filed by Trustee Bradford W. Caraway. (Ch13troffice, ct) (Text entry; no document attached.)
10/19/2017
Receipt of Payment of Fee(17-03549-DSC13) [misc,feepay] (155.00) Filing Fee. Receipt number 21300755. Fee Amount 155.00 (re:Doc# ) (U.S. Treasury) (Text entry; no document attached.)
21
10/21/2017
Tax Documents for the Year for 2016 Filed by Debtor Charles William Hatcher Jr.
22
11/05/2017
Declaration Under Penalty of Perjury for Non-Individual Debtors Filed by Debtor Charles William Hatcher Jr.
23
11/05/2017
Amended Chapter 13 Plan Filed by Debtor Charles William Hatcher Jr.
24
11/05/2017
Amended Schedule I: Individual- Your Income, Amended Schedule J: Individual- Your Expenses, Summary of Assets and Liabilities Schedules for Individual, Declaration About Individual Debtor's Schedules Filed by Debtor Charles William Hatcher Jr.
11/09/2017
Payment of Installment Fee. Fee Amount $ 77.50 Filed by Trustee Bradford W. Caraway. (Ch13troffice, ct) (Text entry; no document attached.)
11/09/2017
Receipt of Payment of Fee(17-03549-DSC13) [misc,feepay] (77.50) Filing Fee. Receipt number 21380028. Fee Amount 77.50 (re:Doc# ) (U.S. Treasury) (Text entry; no document attached.)
25
11/09/2017
Order Rescheduling Hearing Signed on 11/9/2017 (RE: related document(s) 8 Confirmation Hearing), 16 Trustee's Objection to Confirmation of Plan, Motion to Dismiss Case for Failure to Make Plan Payments, Trustee's Motion to Dismiss). Hearing scheduled 12/12/2017 at 11:15 AM at Courtroom 1 (DSC) Birmingham.
26
11/11/2017
BNC Certificate of Notice (RE: related document(s) 25 Order Rescheduling Hearing). Notice Date 11/11/2017.
12/07/2017
Payment of Installment Fee. Fee Amount $ 77.50 Filed by Trustee Bradford W. Caraway. (Ch13troffice, ct) (Text entry; no document attached.)
12/07/2017
Receipt of Payment of Fee(17-03549-DSC13) [misc,feepay] (77.50) Filing Fee. Receipt number 21482035. Fee Amount 77.50 (re:Doc# ) (U.S. Treasury) (Text entry; no document attached.)
27
12/07/2017
Case Filing Fee Paid in Full (RE: related document(s) 10 Order to Pay Filing Fees in Installments).
28
12/15/2017
Bench Sheet from Confirmation Hearing
29
01/09/2018
Order Confirming Chapter 13 Plan. Trustees Objection to Confirmation is overruled and Motion to Dismiss is denied. Signed on 1/9/2018 (RE: related document(s) 16 Trustee's Objection to Confirmation of Plan, Motion to Dismiss Case for Failure to Make Plan Payments, Trustee's Motion to Dismiss).
30
01/11/2018
BNC Certificate of Notice (RE: related document(s) 29 Order Confirming Chapter 13 Plan). Notice Date 01/11/2018.
31
02/14/2018
Trustee's Motion to Dismiss Case for Failure to Make Plan Payments. (Ch13troffice, ct)
32
02/14/2018
Notice of Hearing on Trustee's Motion to Dismiss (RE: related document(s)[31] Motion to Dismiss Case for Failure to Make Plan Payments). Hearing scheduled 3/13/2018 at 10:30 AM at Courtroom 1 (DSC) Birmingham.
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