Elizabeth C. Brogan

Counsel for Suzanne E. Wade, Chapter 13 Trustee

Virginia State Bar Number 76539

1313 East Main Street, Suite A

Post Office Box 1780

Richmond, Virginia 23218-1780

(804) 775-0979

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

 In re: Carlos Guillermo Guevara, ) Case No. 15-34384-KRH

 Maria Eugonia Giraldo, Debtors ) Chapter 13

OBJECTION TO CONFIRMATION

COMES NOW Elizabeth C. Brogan, Counsel for Suzanne E. Wade, Chapter 13 Trustee, and 

moves this Court to deny confirmation of the Chapter 13 Plan (the “Plan”) dated November 9, 2015, for 

the cause as follows:

1. The Debtors filed this Chapter 13 Petition, now pending in the United States Bankruptcy 

Court, Eastern District of Virginia, Richmond Division, on August 21, 2015 under 11 U.S.C. 

Chapter 13.

2. This Objection is filed pursuant to 11 U.S.C. § 1325(b)(1)(B).

3. The Debtors have filed one previous Chapter 13 Plan, dated August 21, 2015. Objections to 

confirmation were filed by both the Trustee and by a mortgage lender. The mortgage lender’s 

Objection was sustained by agreement on November 10, 2015, giving rise to the amended 

instant Plan.

4. The above-filed Chapter 13 case is not eligible for confirmation due to the Debtors’ failure 

to provide adequate information regarding their household income and expenses. The 

Debtors’ amended Schedule J lists rent, utility, and public transportation expenses not listed 

in the Debtors’ initial budget. The Trustee requests the Debtors provide proof of these 

expenses, as well as additional information to clarify which of them resides in New York, 

and which, if either, in their Henrico County home; to allow the Trustee to confirm the 

Debtors’ Plan complies with the requirements of 11 U.S.C. § 1325(b)(1)(B). The Trustee 

further requests the Debtors provide additional paystubs from Ms. Giraldo’s new 

employment.

WHEREFORE, for the reasons stated herein, the Chapter 13 Trustee, by Counsel, respectfully moves 

the Court to deny confirmation of the Debtors’ proposed Chapter 13 Plan, and for such further and other 

relief as the Court deems necessary.

 Date: December 10, 2015 /s/ Elizabeth C. Brogan______________ 

 Elizabeth C. Brogan, Counsel for

 Suzanne E. Wade, Chapter 13 Trustee 

Case 15-34384-KRH Doc 29 Filed 12/10/15 Entered 12/10/15 13:51:01 Desc Main

 Document Page 1 of 5
Elizabeth C. Brogan

Counsel for Suzanne E. Wade, Chapter 13 Trustee

Virginia State Bar Number 76539

1313 East Main Street, Suite A

Post Office Box 1780

Richmond, Virginia 23218-1780

(804) 775-0979

CERTIFICATE OF SERVICE

I hereby certify a true copy of the foregoing OBJECTION TO CONFIRMATION was served 

electronically or by first-class mail, postage prepaid, this 10th day of December, 2015, upon the 

following parties:

Carlos Guillermo Guevara

Maria Eugonia Giraldo

P.O. Box 720279 

Jackson Heights, NY 11372

Richard James Oulton, Counsel for Debtors

America Law Group, Inc. 

8501 Mayland Dr. 

Suite 106 

Henrico, VA 23294 

2debtlawgroup@gmail.com 

Can Guner, Counsel for Ocwen Loan Servicing, LLC

Robertson, Anschutz & Schneid 

6409 Congress Ave., #100 

Boca Raton, FL 33487 

cguner@rasmonitor.com

Carl A. Eason, Counsel for Deutsche Bank National Trust Company

Wolcott Rivers Gates 

200 Bendix Road, Suite 300 

Virginia Beach, VA 23452-1385 

eason@wolriv.com

 /s/ Elizabeth C. Brogan___________ 

 Elizabeth C. Brogan, Counsel for

 Suzanne E. Wade, Chapter 13 Trustee 

Case 15-34384-KRH Doc 29 Filed 12/10/15 Entered 12/10/15 13:51:01 Desc Main

 Document Page 2 of 5
Elizabeth C. Brogan

Counsel for Suzanne E. Wade, Chapter 13 Trustee

Virginia State Bar Number 76539

1313 East Main Street, Suite A

Post Office Box 1780

Richmond, Virginia 23218-1780

(804) 775-0979

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

 In re: Carlos Guillermo Guevara, ) Case No. 15-34384-KRH

 Maria Eugonia Giraldo, Debtors ) Chapter 13

)

 P.O. Box 720279 )

 Jackson Heights, NY 11372 )

)

 XXX-XX-2260 )

 XXX-XX-5553 )

NOTICE OF OBJECTION TO CONFIRMATION AND NOTICE OF HEARING

Elizabeth C. Brogan, Counsel for Suzanne E. Wade, Chapter 13 Trustee, has filed papers with 

the Court objecting to the confirmation of your Chapter 13 Plan dated November 9, 2015.

Your rights may be affected. You should read these papers carefully and discuss them with 

your attorney, if you have one in this bankruptcy case. If you do not have an attorney, you may 

wish to consult one.

If you do not want the Court to grant the relief sought in the Objection, or if you want the Court 

to consider your views on the Objection, then on or before three (3) days before the date of the hearing, 

you or your attorney must:

_X_ File with the Court, at the address shown below, a written response pursuant to Local 

Bankruptcy Rule 9013-1(H). If you mail your response to the Court for filing, you must 

mail it early enough that the Court will receive it on or before the date stated above.

Clerk of Court

United States Bankruptcy Court

701 East Broad Street, Suite 4000

Richmond, Virginia 23219

You must also mail a copy to:

Elizabeth C. Brogan

Counsel for Suzanne E. Wade, Chapter 13 Trustee

Post Office Box 1780

Richmond, Virginia 23218-1780

Case 15-34384-KRH Doc 29 Filed 12/10/15 Entered 12/10/15 13:51:01 Desc Main

 Document Page 3 of 5
Elizabeth C. Brogan

Counsel for Suzanne E. Wade, Chapter 13 Trustee

Virginia State Bar Number 76539

1313 East Main Street, Suite A

Post Office Box 1780

Richmond, Virginia 23218-1780

(804) 775-0979

_X_ Attend the hearing on the Objection, scheduled to be held on December 22, 2015 at 

11:10 a.m. at United States Bankruptcy Court, 701 East Broad Street, Room 5000, 

Richmond, VA 23219.

If you or your attorney do not take these steps, the Court may decide that you do not oppose the 

relief sought in the Objection, and may enter an order granting that relief.

Date: December 10, 2015 /s/ Elizabeth C. Brogan______________ 

 Elizabeth C. Brogan, Counsel for

 Suzanne E. Wade, Chapter 13 Trustee

Case 15-34384-KRH Doc 29 Filed 12/10/15 Entered 12/10/15 13:51:01 Desc Main

 Document Page 4 of 5
Elizabeth C. Brogan

Counsel for Suzanne E. Wade, Chapter 13 Trustee

Virginia State Bar Number 76539

1313 East Main Street, Suite A

Post Office Box 1780

Richmond, Virginia 23218-1780

(804) 775-0979

CERTIFICATE OF SERVICE

I hereby certify a true copy of the foregoing NOTICE OF OBJECTION TO CONFIRMATION

AND NOTICE OF HEARING was served electronically or by first-class mail, postage prepaid, this 10th

day of December, 2015, upon the following parties:

Carlos Guillermo Guevara

Maria Eugonia Giraldo

P.O. Box 720279 

Jackson Heights, NY 11372

Richard James Oulton, Counsel for Debtors

America Law Group, Inc. 

8501 Mayland Dr. 

Suite 106 

Henrico, VA 23294 

2debtlawgroup@gmail.com 

Can Guner, Counsel for Ocwen Loan Servicing, LLC

Robertson, Anschutz & Schneid 

6409 Congress Ave., #100 

Boca Raton, FL 33487 

cguner@rasmonitor.com

Carl A. Eason, Counsel for Deutsche Bank National Trust Company

Wolcott Rivers Gates 

200 Bendix Road, Suite 300 

Virginia Beach, VA 23452-1385 

eason@wolriv.com

 /s/ Elizabeth C. Brogan______________ 

 Elizabeth C. Brogan, Counsel for

 Suzanne E. Wade, Chapter 13 Trustee 

Case 15-34384-KRH Doc 29 Filed 12/10/15 Entered 12/10/15 13:51:01 Desc Main

 Document Page 5 of 5