UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA

Alexandria Division

CHAPTER 13 PLAN AND RELATED MOTIONS

 

Name of Debtor(s): Case No. 15-13061-BFK

PAMELA S. MCKENNA

 

This Plan, dated October 5, 2015, is:

the first Chapter 13 Plan filed in this case.

NOTICE: YOUR RIGHTS WILL BE AFFECTED. You should read these papers

carefully. If you oppose any provision of this Plan, or if you oppose any included motions

to (i) value collateral, (ii) avoid liens, or (iii) assume or reject unexpired leases or executory

contracts, you MUST file a timely written objection.

This Plan may be confirmed and become binding, and the included motions in paragraphs

3, 6, and 7 to value collateral, avoid liens, and assume or reject unexpired leases or

executory contracts may be granted, without further notice or hearing unless a written

objection is filed not later than seven (7) days prior to the date set for the confirmation

hearing and the objecting party appears at the confirmation hearing.

The debtor(s)’ schedules list assets and liabilities as follows:

Total Assets: $423,692.59

Total Non-Priority Unsecured Debt: $ 5,382.00

Total Priority Debt: $ 4,676.88

Total Secured Debt: $471,695.66

1. Funding of Plan. The debtor(s) propose to pay the trustee the sum of $1,570 per month

for 60 months. Other payments to the Trustee are as follows: n/a. The total amount to be

paid into the Plan is $94,200.

2. Priority Creditors. The Trustee shall pay allowed priority claims in full unless the

creditor agrees otherwise.

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A. Administrative Claims under 11 U.S.C. § 1326.

1. The Trustee will be paid the percentage fee fixed under 28 U.S.C. 

§ 586(e), not to exceed 10%, of all sums disbursed except for funds

returned to the debtor(s).

2. Debtor(s)’ attorney will be paid $0 balance due of the total fee of $3,000,

concurrently with or prior to the payments to remaining creditors, and

Debtor(s)’ attorney will be paid future fees and expenses as may be

approved by the Court concurrently with or prior to the payments to

remaining creditors.

B. Claims under 11 U.S.C. § 507.

The following priority creditors will be paid by deferred cash payments pro rata

with other priority creditors or in monthly installments as below, except that

allowed claims pursuant to 11 U.S.C. § 507(a)(1) will be paid prior to other

priority creditors but concurrently with administrative claims above:

Creditor Type of Priority Estimated Claim Payment and Term

Commonwealth of

Virginia Taxes $2,004.00 100% without interest

IRS Taxes $2,672.88 100% without interest

3. Secured Creditors: Motions to Value Collateral (“cramdown”), Collateral being

Surrendered, Adequate Protection Payments, and Payment of certain Secured

Claims.

A. Motions to Value Collateral (other than claims protected from “cramdown”

by 11 U.S.C. § 1322(b)(2) or by the final paragraph of 11 U.S.C. § 1325(a)). 

Unless a written objection is timely filed with the Court, the Court may grant

the debtor(s)’ motion to value collateral as set forth herein.

Not applicable.

B. Real or Personal Property to be Surrendered.

Not applicable.

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C. Adequate Protection Payments.

See § 3.D. Below.

D. Payment of Secured Claims on Property Being Retained (except only those

loans provided for in section 5 of the Plan):

This section deals with payment of debts secured by real and/or personal property

[including short term obligations, judgments, tax liens and other secured debts]. After

confirmation of the Plan, the Trustee will pay to the holder of each allowed secured claim, which

will be either the balance owed on the indebtedness or, where applicable, the collateral’s

replacement value as specified in sub-section A of this section, whichever is less, with interest at

the rate provided below, the monthly payment specified below until the amount of the secured

claim has been paid in full. Upon confirmation of the Plan, the valuation and interest rate

shown below will be binding unless a timely written objection to confirmation is filed with

and sustained by the Court.

Approx. Bal. of Debt or Interest Monthly Payment

Creditor Collateral “Crammed Down” Value Rate & Est. Term*

Mercedes- 2011 Mercedes- $16,688.38 1.99% per K $610.45 x 28 mo.

Benz Fin. Benz C300

*THE MONTHLY PAYMENTS STATED HERE SHALL BE THE ADEQUATE

PROTECTION PAYMENTS PURSUANT TO 1326(a)(1)(C) TO THESE CREDITORS

UNLESS OTHERWISE ORDERED BY THE COURT.

E. Other Debts.

Debts which are (i) mortgage loans secured by real estate which is the debtor(s)’ primary

residence, or (ii) other long term obligations, whether secured or unsecured, to be

continued upon the existing contract terms with any existing default in payments to be

cured pursuant to 11 U.S.C. § 1322(b)(5), are provided for in section 5 of the Plan.

4. Unsecured Claims.

A. Not separately classified. Allowed non-priority unsecured claims shall be paid

pro rata from any distribution remaining after disbursement to allowed secured

and priority claims. Estimated distribution is approximately 0%. The dividend

percentage may vary depending on actual claims filed. If this case were liquidated

under Chapter 7, the debtor(s) estimate unsecured creditors would receive a

dividend of 0%.

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B. Separately classified unsecured claims.

Not applicable.

5. Mortgage Loans Secured by Real Property Constituting the Debtor(s)’ Primary

Residence; Other Long Term Payment Obligations, whether secured or unsecured,

to be continued upon existing contract terms; Curing of any existing default under

11 U.S.C. § 1322(b)(5).

A. Debtor(s) to make regular contract payments; arrears, if any, to be paid by

Trustee. The creditors listed below will be paid by the debtor(s) pursuant to the

contract without modification, except that arrearages, if any, will be paid by the

Trustee either pro rata with other secured claims or on a fixed monthly basis as

indicated below, without interest unless an interest rate is designated below for

interest to be paid on the arrearage claim and such interest is provided for in the

loan agreement.

Regular Arrearage Monthly

Contract Estimated Interest Estimated Arrearage

Creditor Collateral Payment Arrearage Rate Cure Period Payment

Bayview Principal Pro rata with

Loan Serv. residence other secured

$1,914.09 $62,239.68 0 60 months claims

B. Trustee to make contract payments and cure arrears, if any.

Not applicable.

C. Restructured Mortgage Loans to be paid fully during term of Plan.

Not applicable.

6. Unexpired Leases and Executory Contracts.

Not applicable.

7. Liens Which Debtor(s) Seek to Avoid.

A. The debtor(s) move to avoid liens pursuant to 11 U.S.C. § 522(f).

Not applicable.

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B. Avoidance of security interests or liens on grounds other than 11 U.S.C. § 522(f).

The debtor(s) have filed or will file and serve separate pleadings to avoid the following

liens or security interests. The creditor should review the notice or summons

accompanying such pleadings as to the requirements for opposing such relief. The listing

here is for information purposes only.

Creditor Type of Lien Description of Collateral Basis for Avoidance

BB&T 2 priority deed Principal residence 11 U.S.C. §§ 506(a) & (d) and nd

Mortgage of trust § 1322(b)(2) 1

(Lien is wholly unsecured)

8. Treatment and Payment of Claims.

–All creditors must timely file a proof of claim to receive payment from the Trustee.

–If a claim is scheduled as unsecured and the creditor files a claim alleging the claim is

secured but does not timely object to confirmation of the Plan, the creditor may be treated

as unsecured for purposes of distribution under the Plan. This paragraph does not limit

the right of the creditor to enforce its lien, to the extent not avoided or provided for in this

case, after the debtor(s) receive a discharge.

–If a claim is listed in the Plan as secured and the creditor files a proof of claim alleging

the claim is unsecured, the creditor will be treated as unsecured for purposes of

distribution under the Plan.

–The Trustee may adjust the monthly disbursement amount as needed to pay an allowed

secured claim in full.

9. Vesting of Property of the Estate. Property of the estate shall revest in the debtor(s)

upon confirmation of the Plan. Notwithstanding such vesting, the debtor(s) may not sell,

refinance, encumber real property or enter into a mortgage loan modification without

approval of the Court after notice to the Trustee, any creditor who has filed a request for

notice and other creditors to the extent required by the Local Rules of this Court.

10. Incurrence of indebtedness. The debtor(s) shall not voluntarily incur additional

indebtedness exceeding the cumulative total of $5,000 principal amount during the term

of this Plan, either unsecured or secured against personal property, except upon approval

of the Court after notice to the Trustee, any creditor who has filed a request for notice,

and other creditors to the extent required by the Local Rules of this Court.

The Debtor’s personal liability to BB&T Mortgage was discharged in her previous 1

Chapter 7 case, Case #09-19030-RGM.

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11. Other provisions of this Plan:

Not applicable.

Signatures:

Date: 10/5/2015

 /s/Pamela S. McKenna 

Pamela S. McKenna

 /s/Steven B. Ramsdell 

Steven B. Ramsdell, VA Bar #33222

Counsel to the Debtors

Tyler, Bartl, Ramsdell & Counts, P.L.C.

300 N. Washington St., Suite 202

Alexandria, VA 22314

(703) 549-5003

CERTIFICATE OF SERVICE

I hereby certify that a true copy of the foregoing Chapter 13 Plan And Related Motions,

together with a copy of the Debtor’s schedules I & J, was mailed on this 5th day of October,

2015, to all creditors and parties in interest in this case, all of whom are set forth on the list

attached hereto.

 /s/Steven B. Ramsdell 

Steven B. Ramsdell

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Audit Systems Incorporated

3696 Ulmerton Rd., Suite 200

Clearwater, FL 33762

Bayview Loan Servicing, LLC

Customer Service Dept.

4425 Ponce De Leon Blvd 5th Fl

Coral Gables, FL 33146

BB&T, Bankruptcy Section

100-50-01-51

P.O. Box 1847

Wilson, NC 27894

Capital One

P.O. Box 30285

Salt Lake City, UT 84130-0285

City of Alexandria

P.O. Box 1423

Alexandria, VA 22313-1423

Commonwealth of Virginia

Dept. of Taxation

Legal Unit, P.O. Box 2156

Richmond, VA 23218

Credit One Bank

P.O. Box 98873

Las Vegas, NV 89193-8873

Global Payments Check Services

P.O. Box 661038

Chicago, IL 60666-1038

Internal Revenue Service

P.O. Box 7346

Philadelphia, PA 19101-7346

LVNV Funding, LLC

P.O. Box 10497

Greenville, SC 29603

Mercedes-Benz Fin. Srvc. USA

c/o BK Servicing,LLC

P.O. Box 131265

Roseville, MN 55113-0011

MercerTrigiani, LLP

Attn: Michael L. Zupan, Esq.

112 S. Alfred St.

Alexandria, VA 22314

Portfolio Recovery Associates

P.O. Box 12914

Norfolk, VA 23541

Johnie R. Muncy, Esq.

Samuel I. White, P.C.

1804 Staples Mill Rd., Suite 200

Richmond, VA 23230

Sandra McKenna

35 Rolfe St.

Hamden, CT 06517-3340

Service First Management

& Consulting, Inc.

12084 Cadet Ct.

Manassas, VA 20109

Town Center Orthopaedic Assoc.

1860 Town Center Dr., #300

Reston, VA 20190

TRS Recovery Services, Inc.

P.O. Box 60022

City of Industry, CA 91716-0022

Office of the United States Trustee

115 S. Union Street, P210

Alexandria, VA 22314

Thomas P. Gorman, Trustee

300 N. Washington St., Suite 400

Alexandria, VA 22314

Pamela McKenna

8417 Mineral Springs Dr.

Manassas, VA 20112

Hollywood Casino

750 Hollywood Blvd.

Charles Town, WV 25414

Horseshoe Casino

11999 Casino Center Dr., SE

Elizabeth, IN 47117

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Fill in this information to identify your case:

Debtor 1 Pamela Sarah McKenna

Debtor 2

(Spouse, if filing)

United States Bankruptcy Court for the: EASTERN DISTRICT OF VIRGINIA

Case number 15-13061-BFK Check if this is:

(If known)  An amended filing

 A supplement showing post-petition chapter

13 income as of the following date:

 Official Form B 6I MM / DD/ YYYY

Schedule I: Your Income 12/13

Be as complete and accurate as possible. If two married people are filing together (Debtor 1 and Debtor 2), both are equally responsible for

supplying correct information. If you are married and not filing jointly, and your spouse is living with you, include information about your

spouse. If you are separated and your spouse is not filing with you, do not include information about your spouse. If more space is needed,

attach a separate sheet to this form. On the top of any additional pages, write your name and case number (if known). Answer every question.

Part 1: Describe Employment

1. Fill in your employment

information. Debtor 1 Debtor 2 or non-filing spouse

If you have more than one job,

attach a separate page with

information about additional

employers.

Include part-time, seasonal, or

self-employed work.

Occupation may include student

or homemaker, if it applies.

Employment status

 Employed

 Not employed

 Employed

 Not employed

Occupation RN Nurse

Employer's name Veterans Affairs Medical Center

Employer's address 50 Irving St., NW

Washington, DC 20422

How long employed there? 13 years

Part 2: Give Details About Monthly Income

Estimate monthly income as of the date you file this form. If you have nothing to report for any line, write $0 in the space. Include your non-filing

spouse unless you are separated.

If you or your non-filing spouse have more than one employer, combine the information for all employers for that person on the lines below. If you need

more space, attach a separate sheet to this form.

For Debtor 1 For Debtor 2 or

non-filing spouse

2. List monthly gross wages, salary, and commissions (before all payroll

deductions). If not paid monthly, calculate what the monthly wage would be. 2. $ 7,687.92 $ N/A

3. Estimate and list monthly overtime pay. 3. +$ 0.00 +$ N/A

4. Calculate gross Income. Add line 2 + line 3. 4. $ 7,687.92 $ N/A

Official Form B 6I Schedule I: Your Income page 1

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Debtor 1 Pamela Sarah McKenna Case number (if known) 15-13061-BFK

For Debtor 1 For Debtor 2 or

non-filing spouse

Copy line 4 here 4. $ 7,687.92 $ N/A

5. List all payroll deductions:

5a. Tax, Medicare, and Social Security deductions 5a. $ 1,866.63 $ N/A

5b. Mandatory contributions for retirement plans 5b. $ 61.36 $ N/A

5c. Voluntary contributions for retirement plans 5c. $ 0.00 $ N/A

5d. Required repayments of retirement fund loans 5d. $ 0.00 $ N/A

5e. Insurance 5e. $ 243.84 $ N/A

5f. Domestic support obligations 5f. $ 0.00 $ N/A

5g. Union dues 5g. $ 50.44 $ N/A

5h. Other deductions. Specify: FEGLI 5h.+ $ 30.88 + $ N/A

FEGLI optional $ 92.69 $ N/A

VCS $ 270.83 $ N/A

6. Add the payroll deductions. Add lines 5a+5b+5c+5d+5e+5f+5g+5h. 6. $ 2,616.67 $ N/A

7. Calculate total monthly take-home pay. Subtract line 6 from line 4. 7. $ 5,071.25 $ N/A

8. List all other income regularly received:

8a. Net income from rental property and from operating a business,

profession, or farm

Attach a statement for each property and business showing gross

receipts, ordinary and necessary business expenses, and the total

monthly net income. 8a. $ 0.00 $ N/A

8b. Interest and dividends 8b. $ 0.00 $ N/A

8c. Family support payments that you, a non-filing spouse, or a dependent

regularly receive

Include alimony, spousal support, child support, maintenance, divorce

settlement, and property settlement. 8c. $ 0.00 $ N/A

8d. Unemployment compensation 8d. $ 0.00 $ N/A

8e. Social Security 8e. $ 0.00 $ N/A

8f. Other government assistance that you regularly receive

Include cash assistance and the value (if known) of any non-cash assistance

that you receive, such as food stamps (benefits under the Supplemental

Nutrition Assistance Program) or housing subsidies.

Specify: 8f. $ 0.00 $ N/A

8g. Pension or retirement income 8g. $ 0.00 $ N/A

8h. Other monthly income. Specify: 8h.+ $ 0.00 + $ N/A

9. Add all other income. Add lines 8a+8b+8c+8d+8e+8f+8g+8h. 9. $ 0.00 $ N/A

10. Calculate monthly income. Add line 7 + line 9. 10. $ 5,071.25 + $ N/A = $ 5,071.25

Add the entries in line 10 for Debtor 1 and Debtor 2 or non-filing spouse.

11. State all other regular contributions to the expenses that you list in Schedule J.

Include contributions from an unmarried partner, members of your household, your dependents, your roommates, and

other friends or relatives.

Do not include any amounts already included in lines 2-10 or amounts that are not available to pay expenses listed in Schedule J.

Specify: 11. +$ 0.00

12. Add the amount in the last column of line 10 to the amount in line 11. The result is the combined monthly income.

12. $ 5,071.25

Write that amount on the Summary of Schedules and Statistical Summary of Certain Liabilities and Related Data, if it

applies

Combined

monthly income

13. Do you expect an increase or decrease within the year after you file this form?

 No.

 Yes. Explain:

Official Form B 6I Schedule I: Your Income page 2

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Fill in this information to identify your case:

Debtor 1 Pamela Sarah McKenna Check if this is:

 An amended filing

Debtor 2  A supplement showing post-petition chapter

(Spouse, if filing) 13 expenses as of the following date:

United States Bankruptcy Court for the: EASTERN DISTRICT OF VIRGINIA MM / DD / YYYY

Case number 15-13061-BFK  A separate filing for Debtor 2 because Debtor

(If known) 2 maintains a separate household

Official Form B 6J

Schedule J: Your Expenses 12/13

Be as complete and accurate as possible. If two married people are filing together, both are equally responsible for supplying correct

information. If more space is needed, attach another sheet to this form. On the top of any additional pages, write your name and case

number (if known). Answer every question.

Part 1: Describe Your Household

1. Is this a joint case?

 No. Go to line 2.

 Yes. Does Debtor 2 live in a separate household?

 No

 Yes. Debtor 2 must file a separate Schedule J.

2. Do you have dependents?  No

Do not list Debtor 1 and

Debtor 2.

 Yes. Fill out this information for

each dependent..............

Dependent’s relationship to

Debtor 1 or Debtor 2

Dependent’s

age

Does dependent

live with you?

Do not state the

dependents' names. Mother 86

 No

 Yes

 No

 Yes

 No

 Yes

 No

 Yes

3. Do your expenses include

expenses of people other than

yourself and your dependents?

 No

 Yes

Part 2: Estimate Your Ongoing Monthly Expenses

Estimate your expenses as of your bankruptcy filing date unless you are using this form as a supplement in a Chapter 13 case to report

expenses as of a date after the bankruptcy is filed. If this is a supplemental Schedule J, check the box at the top of the form and fill in the

applicable date.

Include expenses paid for with non-cash government assistance if you know

the value of such assistance and have included it on Schedule I: Your Income

(Official Form 6I.) Your expenses

4. The rental or home ownership expenses for your residence. Include first mortgage

payments and any rent for the ground or lot. 4. $ 1,914.09

If not included in line 4:

4a. Real estate taxes 4a. $ 0.00

4b. Property, homeowner’s, or renter’s insurance 4b. $ 0.00

4c. Home maintenance, repair, and upkeep expenses 4c. $ 25.00

4d. Homeowner’s association or condominium dues 4d. $ 65.00

5. Additional mortgage payments for your residence, such as home equity loans 5. $ 0.00

Official Form B 6J Schedule J: Your Expenses page 1

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Debtor 1 Pamela Sarah McKenna Case number (if known) 15-13061-BFK

6. Utilities:

6a. Electricity, heat, natural gas 6a. $ 261.00

6b. Water, sewer, garbage collection 6b. $ 40.00

6c. Telephone, cell phone, Internet, satellite, and cable services 6c. $ 245.00

6d. Other. Specify: Vintage Security home security system 6d. $ 30.00

7. Food and housekeeping supplies 7. $ 450.00

8. Childcare and children’s education costs 8. $ 0.00

9. Clothing, laundry, and dry cleaning 9. $ 25.00

10. Personal care products and services 10. $ 10.00

11. Medical and dental expenses 11. $ 112.00

12. Transportation. Include gas, maintenance, bus or train fare.

Do not include car payments. 12. $ 100.00

13. Entertainment, clubs, recreation, newspapers, magazines, and books 13. $ 0.00

14. Charitable contributions and religious donations 14. $ 0.00

15. Insurance.

Do not include insurance deducted from your pay or included in lines 4 or 20.

15a. Life insurance 15a. $ 0.00

15b. Health insurance 15b. $ 0.00

15c. Vehicle insurance 15c. $ 124.00

15d. Other insurance. Specify: Disability insurance 15d. $ 71.00

16. Taxes. Do not include taxes deducted from your pay or included in lines 4 or 20.

Specify: Personal property taxes on vehicle 16. $ 29.17

Specify: Federal tax installment payment $ 90.00

Specify: Virginia tax installment payment $ 150.00

17. Installment or lease payments:

17a. Car payments for Vehicle 1 17a. $ 581.17

17b. Car payments for Vehicle 2 17b. $ 0.00

17c. Other. Specify: 17c. $ 0.00

17d. Other. Specify: 17d. $ 0.00

18. Your payments of alimony, maintenance, and support that you did not report as

deducted from your pay on line 5, Schedule I, Your Income (Official Form 6I). 18. $ 0.00

19. Other payments you make to support others who do not live with you. $ 0.00

Specify: 19.

20. Other real property expenses not included in lines 4 or 5 of this form or on Schedule I: Your Income.

20a. Mortgages on other property 20a. $ 0.00

20b. Real estate taxes 20b. $ 0.00

20c. Property, homeowner’s, or renter’s insurance 20c. $ 0.00

20d. Maintenance, repair, and upkeep expenses 20d. $ 0.00

20e. Homeowner’s association or condominium dues 20e. $ 0.00

21. Other: Specify: 21. +$ 0.00

22. Your monthly expenses. Add lines 4 through 21.

The result is your monthly expenses.

22. $ 4,322.43

23. Calculate your monthly net income.

23a. Copy line 12 (your combined monthly income) from Schedule I. 23a. $ 5,071.25

23b. Copy your monthly expenses from line 22 above. 23b. -$ 4,322.43

23c. Subtract your monthly expenses from your monthly income.

The result is your monthly net income. 23c. $ 748.82

24. Do you expect an increase or decrease in your expenses within the year after you file this form?

For example, do you expect to finish paying for your car loan within the year or do you expect your mortgage payment to increase or decrease because of a

modification to the terms of your mortgage?

 No.

 Yes.

Explain:

Official Form B 6J Schedule J: Your Expenses page 2

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