UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

CHAPTER 13 PLAN - AMENDED

AND RELATED MOTIONS

Name of Debtor(s): Kenneth G. Epps, Jr. Case No: 16-35114

This plan, dated June 22, 2017 , is:

 the first Chapter 13 plan filed in this case.

 a modified Plan, which replaces the

confirmed or unconfirmed Plan dated 10/17/2016.

Date and Time of Modified Plan Confirming Hearing:

8/16/2017 at 11:10 AM

Place of Modified Plan Confirmation Hearing:

701 E. Broad St. Rm. 5000 Richmond, VA 23219

The Plan provisions modified by this filing are:

Synced claims, added post-petition mortgage arrears per consent order, changed treatment of creditor

Citibank (account #0775) to general unsecured claim per POC. Plan payout reduced to 1%.

Creditors affected by this modification are:

All

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: $319,890.00

Total Non-Priority Unsecured Debt: $123,787.67

Total Priority Debt: $16,429.69

Total Secured Debt: $192,619.00

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1. Funding of Plan. The debtor(s) propose to pay the trustee the sum of $400.00 Monthly for 20 months, then $980.00

Monthly for 40 months. Other payments to the Trustee are as follows: NONE . The total amount to be paid into the

plan is $ 47,200.00 .

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

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 $ 4,753.00 balance due of the total fee of $ 5,100.00 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

Internal Revenue Service Taxes and certain other debts 14,382.02 Prorata

20 months

Virginia Department of Taxatio Taxes and certain other debts 2,047.67 Prorata

20 months

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.

This section deals with valuation of certain claims secured by real and/or personal property, other than claims protected from

"cramdown" by 11 U.S.C. § 1322(b)(2) [real estate which is debtor(s)' principal residence] or by the final paragraph of 11

U.S.C. § 1325(a) [motor vehicles purchased within 910 days or any other thing of value purchased within 1 year before filing

bankruptcy], in which the replacement value is asserted to be less than the amount owing on the debt. Such debts will be

treated as secured claims only to the extent of the replacement value of the collateral. That value will be paid with

interest as provided in sub-section D of this section. You must refer to section 3(D) below to determine the interest

rate, monthly payment and estimated term of repayment of any "crammed down" loan. The deficiency balance owed

on such a loan will be treated as an unsecured claim to be paid only to the extent provided in section 4 of the Plan.

The following secured claims are to be "crammed down" to the following values:

Creditor Collateral Purchase Date Est Debt Bal. Replacement Value

-NONEB. Real or Personal Property to be Surrendered.

Upon confirmation of the Plan, or before, the debtor(s) will surrender his/her/their interest in the collateral securing the

claims of the following creditors in satisfaction of the secured portion of such creditors' allowed claims. To the extent that the

collateral does not satisfy the claim, any timely filed deficiency claim to which the creditor is entitled may be paid as a

non-priority unsecured claim. Confirmation of the Plan shall terminate the automatic stay as to the interest of the debtor(s)

and the estate in the collateral.

Creditor Collateral Description Estimated Value Estimated Total Claim

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C. Adequate Protection Payments.

The debtor(s) propose to make adequate protection payments required by 11 U.S.C. § 1326(a) or otherwise upon claims

secured by personal property, until the commencement of payments provided for in sections 3(D) and/or 6(B) of the Plan, as

follows:

Creditor Collateral Description

Adeq. Protection 

Monthly Payment To Be Paid By

-NONEAny adequate protection payment upon an unexpired lease of personal property assumed by the debtor(s) pursuant to section

6(B) of the Plan shall be made by the debtor(s) as required by 11 U.S.C. § 1326(a)(1)(B) (payments coming due after the

order for relief).

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.

Creditor Collateral

Approx. Bal. of Debt or

"Crammed Down" Value

Interest 

Rate Monthly Paymt & Est. Term**

-NONEE. 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 1 %. The dividend percentage may vary depending on actual claims filed. If this case were

liquidated under Chapter 7, the debtor(s) estimate that unsecured creditors would receive a dividend of

approximately 0 %.

B. Separately classified unsecured claims.

Creditor Basis for Classification Treatment

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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.

Creditor Collateral

Regular

Contract

Payment

Estimated

Arrearage

Arrearage

Interest

Rate

Estimated

Cure Period

Monthly

Arrearage

Payment

American Honda

Finance

2013 Honda Accord

NADA value

131.00 139.14 0% 28 months Prorata

Seterus, Inc. 4801 Craigs Mill Ct. Glen Allen,

VA 23060 Henrico County

County tax assessed value

1,236.00 20,378.80 0% 28 months Prorata

B. Trustee to make contract payments and cure arrears, if any. The Trustee shall pay the creditors listed below the

regular contract monthly payments that come due during the period of this Plan, and pre-petition arrearages on such

debts shall be cured by the Trustee either pro rata with other secured claims or with monthly payments as set forth

below.

Creditor Collateral

Regular

Contract

Payment

Estimated

Arrearage

Interest

Rate

Term for

Arrearage

Monthly

Arrearage

Payment

-NONEC. Restructured Mortgage Loans to be paid fully during term of Plan. Any mortgage loan against real estate

constituting the debtor(s)' principal residence upon which the last scheduled contract payment is due before the final

payment under the Plan is due shall be paid by the Trustee during the term of the Plan as permitted by 11 U.S.C. §

1322(c)(2) with interest at the rate specified below as follows:

Creditor Collateral

Interest

Rate

Estimated

Claim Monthly Paymt& Est. Term**

-NONE6. Unexpired Leases and Executory Contracts. The debtor(s) move for assumption or rejection of the executory contracts and

leases listed below.

A. Executory contracts and unexpired leases to be rejected. The debtor(s) reject the following executory contracts.

Creditor Type of Contract

-NONEB. Executory contracts and unexpired leases to be assumed. The debtor(s) assume the following executory

contracts. The debtor agrees to abide by all terms of the agreement. The Trustee will pay the pre-petition

arrearages, if any, through payments made pro rata with other priority claims or on a fixed monthly basis as

indicated below.

Creditor Type of Contract Arrearage

Monthly

Payment

for Arrears

Estimated

Cure Period

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

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

judicial liens and non-possessory, non-purchase money liens that impair the debtor(s)' exemptions. Unless a

written objection is timely filed with the Court, the Court may grant the debtor(s)' motion and cancel the

creditor's lien. If an objection is filed, the Court will hear evidence and rule on the motion at the confirmation

hearing.

Creditor Collateral Exemption Amount Value of Collateral

-NONEB. 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

-NONE8. 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.

11. Other provisions of this plan:

Signatures:

Dated: June 22, 2017

/s/ Kenneth G. Epps, Jr. /s/ Robert B. Duke, Jr.

Kenneth G. Epps, Jr. Robert B. Duke, Jr.

Debtor Debtor's Attorney

Exhibits: Copy of Debtor(s)' Budget (Schedules I and J);

Matrix of Parties Served with Plan

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Certificate of Service

I certify that on June 22, 2017 , I mailed a copy of the foregoing to the creditors and parties in interest on the attached Service

List.

/s/ Robert B. Duke, Jr.

Robert B. Duke, Jr.

Signature

8501 Mayland Drive, Suite 106

Henrico, VA 23294

Address

804-308-0051

Telephone No.

Ver. 09/17/09 [effective 12/01/09]

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Fill in this information to identify your case:

Debtor 1 Kenneth G. Epps, Jr.

Debtor 2

(Spouse, if filing)

United States Bankruptcy Court for the: EASTERN DISTRICT OF VIRGINIA

Case number 16-35114 Check if this is:

(If known)  An amended filing

 A supplement showing postpetition chapter

13 income as of the following date:

Official Form 106I MM / DD/ YYYY

Schedule I: Your Income 12/15

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 Teacher

Employer's name Blessed Sacrament Huguenot

Employer's address 2801 Academy Rd

Powhatan, VA 23139

How long employed there? 2 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. $ 3,587.50 $ 0.00

3. Estimate and list monthly overtime pay. 3. +$ 0.00 +$ 0.00

4. Calculate gross Income. Add line 2 + line 3. 4. $ 3,587.50 $ 0.00

Official Form 106I Schedule I: Your Income page 1

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Debtor 1 Kenneth G. Epps, Jr. Case number (if known) 16-35114

For Debtor 1 For Debtor 2 or

non-filing spouse

Copy line 4 here 4. $ 3,587.50 $ 0.00

5. List all payroll deductions:

5a. Tax, Medicare, and Social Security deductions 5a. $ 622.33 $ 0.00

5b. Mandatory contributions for retirement plans 5b. $ 0.00 $ 0.00

5c. Voluntary contributions for retirement plans 5c. $ 143.50 $ 0.00

5d. Required repayments of retirement fund loans 5d. $ 0.00 $ 0.00

5e. Insurance 5e. $ 562.86 $ 0.00

5f. Domestic support obligations 5f. $ 0.00 $ 0.00

5g. Union dues 5g. $ 0.00 $ 0.00

5h. Other deductions. Specify: 5h.+ $ 0.00 + $ 0.00

6. Add the payroll deductions. Add lines 5a+5b+5c+5d+5e+5f+5g+5h. 6. $ 1,328.69 $ 0.00

7. Calculate total monthly take-home pay. Subtract line 6 from line 4. 7. $ 2,258.81 $ 0.00

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 $ 0.00

8b. Interest and dividends 8b. $ 0.00 $ 0.00

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 $ 0.00

8d. Unemployment compensation 8d. $ 0.00 $ 0.00

8e. Social Security 8e. $ 0.00 $ 0.00

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 $ 0.00

8g. Pension or retirement income 8g. $ 546.00 $ 0.00

8h. Other monthly income. Specify: 8h.+ $ 0.00 + $ 0.00

9. Add all other income. Add lines 8a+8b+8c+8d+8e+8f+8g+8h. 9. $ 546.00 $ 0.00

10. Calculate monthly income. Add line 7 + line 9. 10. $ 2,804.81 + $ 0.00 = $ 2,804.81

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. $ 2,804.81

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: debtor seeking better-paying job; debtor's wife is seeking SS disability benefits

Official Form 106I Schedule I: Your Income page 2

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Fill in this information to identify your case:

Debtor 1 Kenneth G. Epps, Jr. Check if this is:

 An amended filing

Debtor 2  A supplement showing postpetition 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 16-35114

(If known)

Official Form 106J

Schedule J: Your Expenses 12/15

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 Official Form 106J-2, Expenses for Separate Household of Debtor 2.

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.

 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 106I.) 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. $ 1,236.00

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. $ 50.00

4d. Homeowner’s association or condominium dues 4d. $ 0.00

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

Official Form 106J Schedule J: Your Expenses page 1

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Debtor 1 Kenneth G. Epps, Jr. Case number (if known) 16-35114

6. Utilities:

6a. Electricity, heat, natural gas 6a. $ 140.00

6b. Water, sewer, garbage collection 6b. $ 86.00

6c. Telephone, cell phone, Internet, satellite, and cable services 6c. $ 110.00

6d. Other. Specify: 6d. $ 0.00

7. Food and housekeeping supplies 7. $ 250.00

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

9. Clothing, laundry, and dry cleaning 9. $ 20.00

10. Personal care products and services 10. $ 30.00

11. Medical and dental expenses 11. $ 100.00

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

Do not include car payments. 12. $ 200.00

13. Entertainment, clubs, recreation, newspapers, magazines, and books 13. $ 30.00

14. Charitable contributions and religious donations 14. $ 10.00

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. $ 58.00

15d. Other insurance. Specify: Wife's life insurance 15d. $ 50.00

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

Specify: PP tax 16. $ 38.00

17. Installment or lease payments:

17a. Car payments for Vehicle 1 17a. $ 131.00

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 106I). 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: Emergency expenses 21. +$ 100.00

22. Calculate your monthly expenses

22a. Add lines 4 through 21. $ 2,639.00

22b. Copy line 22 (monthly expenses for Debtor 2), if any, from Official Form 106J-2 $

22c. Add line 22a and 22b. The result is your monthly expenses. $ 2,639.00

23. Calculate your monthly net income.

23a. Copy line 12 (your combined monthly income) from Schedule I. 23a. $ 2,804.81

23b. Copy your monthly expenses from line 22c above. 23b. -$ 2,639.00

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

The result is your monthly net income. 23c. $ 165.81

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 here:

Official Form 106J Schedule J: Your Expenses page 2

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}bk1{Credito AresMatix}bk{

American Honda Finance

Po Box 168088

Irving, TX 75016

Amex

Correspondence

Po Box 981540

ElPaso, TX 79998

Bank Of America

Nc4-105-03-14

Po Box 26012

Greensboro, NC 27410

Chase Card Services

Attn: Correspondence Dept

Po Box 15298

Wilmington, DE 19850

Citibank

P.O. Box 6500

Sioux Falls, SD 57117

Internal Revenue Service

Centralized Insolvency Operati

P.O. Box 7346

Philadelphia, PA 19101-7346

Kohls/Capital One

Po Box 3120

Milwaukee, WI 53201

P H E A A/HCB

Attn: Bankruptcy

1200 N 7th St 3rd Floor

Harrisburg, PA 17102

Seterus, Inc.

PO Box 1077

Hartford, CT 06143

Tnb-Visa (TV) / Target

C/O Financial & Retail Services

Mailstop BV PO Box 9475

Minneapolis, MN 55440

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United Consumers

14205 Telegraph Rd

Woodbridge, VA 22192

Virginia Department of Taxatio

PO Box 2156

Richmond, VA 23218

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