BOBBY J. GARRETT

1 I shall take judicial notice of the docket entries in this case. Fed.R.Evid. 201, incorporated
in these proceedings by Fed.R.Bankr.P. 9017. See Maritime Elec. Co., Inc. v. United Jersey Bank,
959 F.2d 1194, 1200 n.3 (3d Cir. 1991); Levine v. Egidi, 1993 WL 69146, at *2 (N.D. Ill. 1993);
In re Paolino, 1991 WL 284107, at *12 n. 19 (Bankr. E.D. Pa. 1991); see generally In re Indian
Palms Associates, Ltd., 61 F.3d 197 (3d Cir. 1995).
2 The Commonwealth has filed a claim as a priority creditor in the amount of $44,480.26
and an unsecured creditor in the amount of $12,243.67. However, the Debtor has not filed employer
withholding and sales tax returns for his last business venture and absent those filings, the
Commonwealth and this Court cannot accurately assess the claims.
UNITED S TATES B ANKRUPTCY COURT
FOR T HE E ASTERN DISTRICT O F PENNSYLVANIA
In re 	: 	Chapter 13
:
BOBBY J. GARRETT, 	: 	Bankruptcy No. 04-32251DWS
aka Bobby Garrett, 	:
:
Debtor. 	:
ORDER
AND NOW, this 23rd day of September 2005, upon consideration of the Motion of
the Chapter 13 trustee (the “Trustee”) to dismiss this Chapter 13 case (the “Motion”);
And after notice and hearing;
And the Court finding (1) Debtor filed this Chapter 13 case on September 10, 2004 1
principally in order to deal with fiduciary taxes owed to the Commonwealth of Pennsylvania
(“Commonwealth”);2 (2) the Debtor’s Chapter 13 plan provided for monthly payments of
$101.17 for an aggregate plan funding of $6,070; (3) the Trustee filed the Motion on
January 21, 2005; (4) before the Motion could be heard the Debtor filed an Amended
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3 I found the “evidence” on this point unpersuasive. If the Debtor is required to increase his
plan funding, the evidence will have to be more probative to secure confirmation. However, since
the plan is presently funded to all pay all filed claims, dismissal is unwarranted so long as Debtor
is current with the trustee.
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Chapter 13 Plan on March 16, 2005, Doc. No. 37, increasing the monthly payments to
$967.14 for an aggregate plan funding of $53,800 which was intended to pay the
Commonwealth $44,480.26, the Internal Revenue Service (“IRS”) $5,327.01 and National
City Mortgage (“NCM”) $6.40 in mortgage arrears; (5) the Commonwealth objected to the
Amended Plan because while it paid its priority claim in full, it did not account for additional
taxes that might be assessed when the missing returns were filed; (6) on May 18, 2005 a
Second Amended Chapter 13 Plan was filed increasing monthly payments to $1,258.19
starting June 22, 2005 for an aggregate plan funding of $67,000 which is intended to pay the
Commonwealth $56,723.93, the IRS $5,327.01 and NCM $6.40; (6) amended schedules
I and J, Exhibit D-1, reflect disposable income to make these payments; (7) the source of the
monthly income is $930 wages from Green Beans and Soulful Things (“Beans”), a restaurant
being opened the following day, $1,100 in social security and a $1,100 annuity;
And the Commonwealth claiming that $72,000, not $56,723.01 is owed to it but
presenting no evidence of such claim;
And the Debtor contending that he could increase his hours at Beans and earn another
$400-$500 to fund a plan if necessary but the Court being unable to evaluate that
representation as the business had not yet opened, had no financial projections and the
purported owner Emmis Anderson, the cook who formerly worked for Debtor in his failed
restaurant, has no apparent business or financial acumen; 3
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And according to the Trustee’s case report available on RAMAPO, the Debtor having
made the increased monthly plan payments of $1,258.19 since June;
It is hereby ORDERED that the Motion is DENIED without prejudice on the
following conditions:
1. If the tax returns that are necessary to calculate the Commonwealth’s claim have
not been filed, the Debtor will do so by October 15, 2005. Copies will be provided to the
Commonwealth and the Trustee. If the filed documents are not provided, this case will be
dismissed upon certification of default.
2. The Commonwealth shall amend its claim within 30 days of receipt of the returns
and Debtor shall amend his plan within ten days to provide for any increase in the priority
claim.
2. 	The Debtor shall remain current in his plan payments of $1,258.19 until such
amendment, if any, requires larger current payments. If he misses a payment, this case will
be dismissed upon the Trustee’s certification of default.
3. 	Confirmation and a status hearing shall be held on December 8, 2005 at
11:30 a.m. in the Robert N.C. Nix, Sr. Federal Courthouse, 2nd floor, 900 Market Street,
Courtroom #3, Philadelphia, PA.
DIANE WEISS SIGMUND
Chief U.S. Bankruptcy Judge
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Copies to:
Stokes Ernest Mott, Jr., Esquire
339 West Baltimore Pike
P.O. Box 1217
Media, PA 19063
William C. Miller, Esquire
Standing Chapter 13 Trustee
P. O. Box 40119
Philadelphia, PA 19106-0119
Denise A. Kuhn, Esquire
Senior Deputy Attorney General
21 South 12 th Street, 3rd Floor
Philadelphia, PA 19107
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