UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MASSACHUSETTS __________________________________ ) In re ) Chapter 7, No. 09–21945-JNF ) ROBERT N. LUPO ) ) ) Debtor ) ) MOTION TO AMEND PROPOSED DISTRIBUTION To the HONORABLE JOAN N. FEENEY, Bankruptcy Judge: Now comes JOSEPH B. COLLINS (“Trustee”), the duly appointed, Trustee in the bankruptcy of the above-entitled case, and he does hereby move for authority to amend the Trustee’s Proposed Distribution filed with the Trustee’s Final Report. In support of this Motion, the Trustee represents as follows: 1. On November 6, 2015, the Office of the United States Trustee filed the Trustee’s Final Report (“Final Report”) with the Office of the Clerk of the Bankruptcy Court. 2. The Trustee says that the Proposed Distribution filed with the Final Report should be amended in order to accurately distribute Estate funds to creditors. I 3. Lisa Jacobs (“Jacobs”) is the holder of an unsecured claim in the total amount of $23,701.47, consisting of wages in
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UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MASSACHUSETTS
__________________________________
)
In re ) Chapter 7, No. 09–21945-JNF
)
ROBERT N. LUPO )
)
)
Debtor )
)
MOTION TO AMEND PROPOSED DISTRIBUTION
To the HONORABLE JOAN N. FEENEY, Bankruptcy Judge:
Now comes JOSEPH B. COLLINS (“Trustee”), the duly
appointed, Trustee in the bankruptcy of the above-entitled case,
and he does hereby move for authority to amend the Trustee’s
Proposed Distribution filed with the Trustee’s Final Report. In
support of this Motion, the Trustee represents as follows:
1. On November 6, 2015, the Office of the United States
Trustee filed the Trustee’s Final Report (“Final Report”) with
the Office of the Clerk of the Bankruptcy Court.
2. The Trustee says that the Proposed Distribution filed
with the Final Report should be amended in order to accurately
distribute Estate funds to creditors.
I
3. Lisa Jacobs (“Jacobs”) is the holder of an unsecured
claim in the total amount of $23,701.47, consisting of wages in
the amount of $10,625.00, commissions in the amount of
$10,007.47, and a general claim in the amount of $3,069.00; and
further, a portion of the claim, i.e., $10,950.00, is entitled
to priority pursuant to 11 U.S.C. § 507(a)(4). See Memorandum
dated July 23, 2012 (Docket No. 2169).
4. The Final Report incorrectly states that Jacobs’ claim
is a general unsecured claim.
5. The Trustee says that the Amended Proposed
Distribution, attached hereto as Exhibit “A” treats the Jacobs’
claim as a wage/commission priority claim in the amount of
$10,950.00, and as a general unsecured claim in the amount of
$12,751.47.
II
6. The City of Waltham (“City”) is the holder of a claim,
entitled to priority pursuant to 11 U.S.C. § 507(a)(8), in the
amount of $35,182.80. See Order on Motion to Compromise (Docket
No. 2046).
7. The Final Report incorrectly states that the amount of
the City’s priority claim is $35,182.20.
8. The Trustee says that the Amended Proposed
Distribution treats the City’s claim as a priority claim in the
amount of $35,182.80.
III
9. The Final Report incorrectly proposed to pay
settlement charges in the amount of $2,175.20 and a water bill
in the amount of $111.78; and further both of those items were
previously accounted for upon the closing of the sale of the
real estate located at 236 Linwood Avenue, Newton,
Massachusetts.
10. The Trustee says that the Amended Proposed
Distribution does not include any disbursement on account of
these items.
11. The Trustee says that the proposed amendments to the
Proposed Distribution as set forth in this Motion will result in
a change of the percentage paid to general unsecured creditors
from 72.3 to 72.0.
WHEREFORE, the Trustee moves for the approval of the
Amended Proposed Distribution in accordance with this Motion and
for such other and further relief as is just and proper.