UNITED STATES BANKRUPTCY COURT 

FOR THE 

EASTERN DISTRICT OF VIRGINIA

Alexandria Division

In the Matter of:

Chapter 13

JOHN MICHAEL CERCEO II

Case No. 16-11381-BFK

Debtor

OBJECTION TO CONFIRMATION OF PLAN,

NOTICE OF OBJECTION TO CONFIRMATION OF PLAN

AND

NOTICE OF SCHEDULED HEARING ON THIS OBJECTION

Thomas P. Gorman, Chapter 13 Trustee, has filed this objection to confirmation

of your Chapter 13 Plan filed May 3, 2016. The cause for this objection is as follows:

Violation of 11 U.S.C. §1325(a)(9) – Failure to File Required Income Tax 

Returns

Debtor has not provided Trustee with copies of his filed state income 

tax returns despite the fact that Debtor’s prior Chapter 13 case 15-11084-BFK 

was specifically dismissed due to Debtor’s failure to file income tax returns.

Violation of 11 U.S.C. §1325(a)(6) – Feasibility & 11 U.S.C. §1325(a)(3) –

Good Faith

This is Debtor’s 6th Chapter 13 case.1 All of Debtor’s prior Chapter 13 

cases were either dismissed due to Debtor’s failure to make Plan payments or 

his failure to comply with his basic obligations as a Chapter 13 debtor.

In Debtor’s present case, Debtor’s proposed Plan does not provide a 60 

month Plan payment schedule (Section 1 states “Variable Amt” per month, and 

total Plan funding to be paid to Trustee as “TBD Motion Resolut [sic]”), nor 

does the proposed Plan provide for the $211,895.60 of pre-petition mortgage 

arrearages owed to Deutsche Bank according to the lender’s filed Objection to 

Confirmation. Section 1 of the Plan only proposes nominal payments of 

$50.00/mo. for 3 months, then $500.00/mo. for 3 months, then $1,000.00/mo. 

 1 Chapter 13 case 07-13018-SSM filed 10/17/07, dismissed 9/24/10 due to failure to file tax returns and 

Debtor’s material default on Plan payments; Chapter 13 case 10-18031-RGM filed 9/23/10, dismissed 

2/14/11 due to Debtor’s material default; Chapter 13 case 11-11025-RGM filed 2/14/11, dismissed 

6/14/13 due to Debtor’s material default; Chapter 13 case 13-14773-BFK filed 10/22/13, dismissed 

11/25/13 due to Debtor’s failure to file Plan and Schedules; Chapter 13 case 15-11084-BFK filed 

3/31/15, dismissed 6/12/15 due to Debtor’s failure to file tax returns and lack of good faith.

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Notice of Objection To Confirmation

John Michael Cerceo II, Case # 16-11381-BFK

for 6 months, with the “Balance TBD.” Meanwhile, Debtor’s Schedule J shows 

that he is not making his regular post-petition mortgage payments.

However, Trustee notes that Debtor’s monthly gross income of 

$4,200.00/mo. is insufficient to fund a Chapter 13 Plan that cures the 

$211,895.60 of mortgage arrearages while maintaining Debtor’s regular living 

expenses that include his on-going monthly mortgage payments.

It appears from Section 11 of the Plan that the purpose of Debtor’s 

Chapter 13 filing is to provide him a forum to litigate the validity of his 

mortgage lien on his residence, which is not a proper purpose for a Chapter 13 

case.

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 wish 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 five business 

days prior to the hearing date, you or your attorney must:

File with the court a written response with supporting memorandum as required 

by Local Bankruptcy Rule 9013-1(H). Unless a written response and 

supporting memorandum are filed and served by the date specified, the Court 

may deem any opposition waived, treat the motion as conceded, and issue an 

order granting the requested relief without further notice or hearing. If you mail 

your response to the court for filing, you must mail it early enough so the court 

will receive it on or before the date stated above. You must mail a copy to the 

persons listed below.

Attend the hearing to be held on July 14, 2016 at 1:30 p.m. in Courtroom #3 

on the 3rd floor, United States Bankruptcy Court, 200 South Washington 

Street, Alexandria, Virginia 22314. If no timely response has been filed 

opposing the relief requested, the court may grant the relief without holding a 

hearing.

A copy of any written response must be mailed to the following persons:

Thomas P. Gorman

300 North Washington Street, Ste, 400

Alexandria, VA 22314

Clerk of the Court

United States Bankruptcy Court

200 South Washington Street

Alexandria, VA 22314

Case 16-11381-BFK Doc 17 Filed 06/24/16 Entered 06/24/16 10:27:04 Desc Main

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Notice of Objection To Confirmation

John Michael Cerceo II, Case # 16-11381-BFK

If you or your attorney do not take steps, the court may decide that you do not 

oppose the relief sought in the motion or objection and may enter an order granting that 

relief.

Date: _June 24, 2016______ ___/s/ Thomas P. Gorman_____

Thomas P. Gorman

Chapter 13 Trustee

300 N. Washington Street, #400

Alexandria, VA 22314

(703) 836-2226

VSB 26421

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CERTIFICATE OF SERVICE

I hereby certify that I have this 24th day of June, 2016, served via ECF authorized 

users or mailed a true copy of the foregoing Objection to Confirmation, Notice of 

Objection and Notice of Hearing to the following parties.

John Michael Cerceo II

Chapter 13 Debtor

P.O. Box 3364

Sterling, VA 20164 

__/s/ Thomas P. Gorman______

Thomas P. Gorman

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