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DEVIN DERHAM-BURK #104353 CHAPTER 13 STANDING TRUSTEE P O Box 50013 San Jose, CA 95150-0013 Telephone: (408) 354-4413 Facsimile: (408) 354-5513 Trustee for Debtor(s)

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA - DIVISION 5

In re: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Debtor(s) GUANCIONE, ROSALIE AUBREE

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Chapter 13 Case No. 11-57656 ASW 2ND AMENDED TRUSTEES OBJECTION TO CONFIRMATION WITH CERTIFICATE OF SERVICE Confirmation Date: N/A Trustees Pending List Judge: Arthur S. Weissbrodt

Devin Derham-Burk, Trustee in the above matter, objects to the Confirmation of this Unknown% Plan for the following reasons:

1. The Trustee is in receipt of a proof of claim filed by Internal Revenue Service on September 23, 2011 [claim #2-1] for secured claims in the amount of $35,412.63. Debtor has failed to list said tax debt in the Second Amended Chapter 13 Plan filed on November 21, 2011 [docket #57], and has failed to list Internal Revenue Service on the Amended Schedule D filed on December 8, 2011 [docket #68]. An Amended Chapter 13 Plan and Amended Schedule D must be filed.
Trustee's Obj to Confirmation 11-57656 ASW 1

Case: 11-57656

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2. The debtor has failed to appear and/or submit to examination under oath at the meeting of creditors under 11 U.S.C. 341(a). Without conducting this examination, the Trustee is unable to adequately investigate the debtors financial affairs as she is required to do pursuant to 11 U.S.C. 1302(b)(1) (incorporating 11 U.S.C. 704(a)(4)). In addition, until the debtor is examined by the Trustee, she is unable to recommend confirmation of the debtors plan. The Trustee requests that the debtor appear at a rescheduled meeting of creditors. 3. The debtor has failed to provide the Trustee with either or both 1)a governmentissued photo identification, or 2) proof of a social security number. See 11 U.S.C. 521(h). Without being able to establish the identity of the debtor, the Trustee is unable to adequately investigate the financial affairs of the debtor or recommend confirmation. The Trustee requests that the debtor provide her with verification of both identity and social security number. 4. There appears to be a violation of Section 1322(d) in that the term of the Second Amended Chapter 13 Plan filed on November 21, 2011 [docket #57], exceeds 60 months. The term is approximately 601 months. 5. Debtor filed a Motion to Modify Chapter 13 Plan on November 14, 2011 [docket #41] however; the debtors Chapter 13 Case has not been confirmed. Debtor must withdraw the Motion to Modify Chapter 13 Plan filed on November 14, 2011 [docket #41]. 6. The debtor has failed to provide a Certificate of Service showing that all creditors have received notice of the Second Amended Chapter 13 Plan filed on November 21, 2011 [docket #57]. 7. Debtor has failed to list a monthly plan payment to the Trustees office in Section 1 of the Second Amended Chapter 13 Plan filed on November 21, 2011 [docket #57]. An Amended Chapter 13 Plan must be filed and served on all creditors.

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8. Debtor has failed to list the direct monthly mortgage payments for the real property located at 1451 Forrestal Ave San Jose, CA 95110 in Section 4 of the Second Amended Chapter 13 Plan filed on November 21, 2011 [docket #57], and the Amended Schedule J filed on November 21, 2011 [docket #60]. Chapter 13 Plan and Amended Schedule J must be filed. 9. Schedule A filed on November 21, 2011 [docket #59] lists the total amount of Secured claims for the real property located at 1451 Forrestal Ave San Jose, CA 95110 as $465,000.00 however; the Amended Schedule D filed on December 8, 2011 [docket #68] shows the total amount of Secured Claims to be $481,000.00. proper amendments must be filed. 10. There appears to be a violation of Section 1325(a)(4) in that unsecured creditors would receive more in a Chapter 7 liquidation. The excess equity, above the debtors allowed exemptions, in the debtors personal property is $1,127,733.73, therefore; unsecured creditors must receive 100% plus interest at the Federal Judgment Interest Rate on the date the case was filed. The Federal Judgment Interest rate as of the date of filing was .11%. The Plan must be amended and served on all creditors. 11. All creditors listed on Schedule D filed on November 21, 2011 [docket #59-1], and the Amended Schedule D filed on December 8, 2011 [docket #68] have been omitted from the courts Certificate of Service for the Notice of Chapter 13 Bankruptcy Case, Meeting of Creditors, & deadlines. The debtor must serve all creditors listed on Schedule D filed on November 21, 2011 [docket #59-1], and the Amended Schedule D filed on December 8, 2011 [docket #68] with the Notice of Chapter 13 Bankruptcy Case, Meeting of Creditors, & Deadlines and the Chapter 13 Plan, along with the applicable Notice to Creditors Regarding Plan Provisions, and the Order Establishing Procedures for Objection to Confirmation. 12. All creditors listed on Schedule F filed on November 21, 2011 [docket #59-1], and the Amended Schedule F filed on December 8, 2011 [docket #68] have been omitted The An Amended

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from the courts Certificate of Service for the Notice of Chapter 13 Bankruptcy Case, Meeting of Creditors, & deadlines. The debtor must serve all creditors listed on Schedule F filed on November 21, 2011 [docket #59-1], and the Amended Schedule F filed on December 8, 2011 [docket #68] with the Notice of Chapter 13 Bankruptcy Case, Meeting of Creditors, & Deadlines and the Chapter 13 Plan, along with the applicable Notice to Creditors Regarding Plan Provisions, and the Order Establishing Procedures for Objection to Confirmation. 13. Internal Revenue Svs (sic), Co. of Santa Clara, and Superior Ct of Calif (sic) listed on Schedule E filed on November 21, 2011 [docket #59-1], and the Amended Schedule E filed on December 8, 2011 [docket #68] have been omitted from the courts Certificate of Service for the Notice of Chapter 13 Bankruptcy Case, Meeting of Creditors, & deadlines. The debtor must serve said creditors with the Notice of Chapter 13 Bankruptcy Case, Meeting of Creditors, & Deadlines and the Chapter 13 Plan, along with the applicable Notice to Creditors Regarding Plan Provisions, and the Order Establishing Procedures for Objection to Confirmation.

THE TRUSTEE STRONGLY RECOMMENDS DEBTOR CONTACT AN EXPERIENCED CHAPTER 13 ATTORNEY FOR ASSISTANCE. DEBTORS

FAILURE TO COMPLY WITH THE BANKRUPTCY CODE MAY RESULT IN DISMISSAL OF THE CASE.

Dated: February 8, 2012

/S/ Devin Derham-Burk ____________________________________ Chapter 13 Trustee

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Trustee's Obj to Confirmation 11-57656 ASW 5

CERTIFICATE OF SERVICE BY MAIL

I declare that I am over the age of 18 years, not a party to the within cause; my business address is 983 University Ave. C-100, Los Gatos, California 95032. I served a copy of the within Trustees 2nd Amended Objection to Confirmation by placing same in an envelope in the U.S. Mail at Los Gatos, California on February 8, 2012. Said envelopes were addressed as follows:

ROSALIE AUBREE GUANCIONE P O BOX 90452 SAN JOSE, CA 95109

PRO SE

/S/_Erin Chew____________________ Office of Devin Derham-Burk, Trustee

Case: 11-57656

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