Evelyn Marie Williamson

UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF NORTH CAROLINA
RALEIGH DIVISION
IN RE:
EVELYN MARIE WILLIAMSON
DEBTOR
CASE NO.
04-04319-5-ATS
ORDER CONTINUING HEARING
The matter before the court is the motion for relief from the
automatic stay filed by JPMorgan Chase Bank. A hearing took place in
Raleigh, North Carolina on June 1, 2005.
Evelyn Marie Williamson filed a petition for relief under chapter
13 of the Bankruptcy Code on December 2, 2004. JPMorgan holds a
security interest in a 1999 Ford F150 truck, and the debtor’s plan
provides that her monthly payments to JPMorgan are to be made inside
the plan. Ms. Williamson has made only one plan payment since filing,
and JPMorgan seeks relief from the automatic stay to repossess its
collateral. The chapter 13 trustee filed a motion to dismiss due to
the delinquency in plan payments, which is scheduled for hearing on
June 7, 2005.
Ms. Williamson contends that she can make a payment of $300 to the
chapter 13 trustee next week. In addition, she has surrendered her
residence and intends to modify her plan to reflect the surrender of
the house. Ms. Williamson believes that the modified plan will enable
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her to remain current on her payments and to have the plan confirmed,
which will result in payments to JPMorgan.
The hearing on the motion for relief from the stay will be
continued, to be heard at the same time as the trustee’s motion to
dismiss. Ms. Williamson must make a trustee payment of $300 by June 7,
2005, and she must propose a modified plan that includes strict default
provisions. If the payment is not made or if the plan is not modified,
the court will allow JPMorgan’s motion.
Based on the foregoing, the hearing is CONTINUED to Tuesday, June
7, 2005 at 9:00 a.m. at the U.S. Bankruptcy Court, U.S. Courthouse and
Post Office Building, 300 Fayetteville Street Mall, Room 208, Raleigh,
North Carolina.
SO ORDERED.
DATED: June 2, 2005
Case 04-04319-5-ATS Doc 37 Filed 06/02/05 Entered 06/02/05 10:49:02 Page 2 of 2