2
his elderly mother and estimates monthly expenses of $1,511.00—thus resulting in a net
monthly income of negative $791.00.
4
Debtor lists SouthState Bank as his only secured creditor on Schedule D, with a
total “disputed” claim of $52,000.00, secured by the mobile home with a listed value of
$13,000.00.
5
The only other debts that Debtor lists are unsecured debts owed to Bank of
America in the amount of $500.00 and a debt of $100.00 owed to Macy’s, both listed on
Schedule E as “disputed” claims. The claims register reflects (a) unsecured claims filed
by T-Mobile, Citibank, and ACS Primary Care Physicians in the amounts of $93.61,
$403.28, and $856.10, respectively, and (b) a secured claim filed by SouthState Bank in
the amount of $16,436.68 (the “SouthState Bank Claim”).
6
The SouthState Bank Claim
reflects prepetition arrearages totaling $9,290.43.
On November 28, 2023, the Chapter 13 Trustee (the “Trustee”) filed a Notice and
Motion to Dismiss or Convert at Confirmation
7
(the "Notice of Dismissal") requesting that
the Court dismiss or convert the case at a confirmation hearing “if the Debtor fails to
4
In Schedule J, Debtor added a note indicating: “I plan to decrease all bills and living expenses, I already
live below poverty lines. So I have no choice, but to try and increase my income. My home is all I have, I
don’t wanna [sic] lose it, after paying 17 years on it. I only owe supposedly 12 to 13 thousand dollars. I
can’t lose my home for this.” Debtor also filed a handwritten note captioned as “Statement of Payment
Advices” indicating that he does not have a regular job, he has a “company that buys at wholesale and sells
at retail”, and he usually sells the merchandise at flea markets and special events. In the same note, he
indicates that his mortgage payment is $493.00, he owes approximately $12,000.00 on his mortgage, and
“anything else is a superimposed inflation of fraudulent activity.” See ECF No. 15, filed Dec. 11, 2023.
5
Schedule D includes a note which states: “Executive orders 6073, 6102, 6111, 6260 (March 9, 1933) (see
HJR 192, 73 Congress, 1 session) 48 stat. 112 see: Hilton vs Guyot, 159 U.S. 113 (1895) Emergency Banking
Relief Act.”
6
POC No. 3 and amendments. Claim 3-2 attaches to it a copy of the original Consumer Security Agreement
indicating that the original borrower was Ella Mae Kemmerlin, but Debtor was subsequently added as a third-
party grantor on or about October 15, 2012. The SouthState Bank claim further reflects the following
breakdown for the amount of the claim: (1) principal of $12,231.92, (ii) interest to November 21, 2023 of
$1,305.69, (iii) late charges of $203.00, and (iv) pre-petition legal fees through November 21, 2023 of
$2,704.97, minus $8.90 credited from projected escrow reserves.
7
ECF No. 11.