Page 1 

Software Copyright (c) 1996-2018 Best Case, LLC - www.bestcase.com Best Case Bankruptcy

UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA 

CHAPTER 13 PLAN 

AND RELATED MOTIONS 

Name of Debtor(s): Michael Alvarez Case No: 18-32795

This plan, dated May 29, 2018 , is: 

 the first Chapter 13 plan filed in this case. 

 a modified Plan, which replaces the 

confirmed or unconfirmed Plan dated . 

Date and Time of Modified Plan Confirmation Hearing: 

 

Place of Modified Plan Confirmation Hearing: 

 

The Plan provisions modified by this filing are: 

 

Creditors affected by this modification are: 

 

1. Notices

To Creditors:

Your rights may be affected by this plan. Your claim may be reduced, modified, or eliminated. You should read this plan 

carefully and discuss it 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 oppose the plan’s treatment of your claim or any provision of this plan, you or your attorney must file an objection to 

confirmation at least 7 days before the date set for the hearing on confirmation, unless otherwise ordered by the Bankruptcy 

Court. The Bankruptcy Court may confirm this plan without further notice if no objection to confirmation is filed. See 

Bankruptcy Rule 3015. In addition, you may need to file a timely proof of claim in order to be paid under any plan. 

The following matters may be of particular importance. 

Debtors must check one box on each line to state whether or not the plan includes each of the following items. If an item is 

checked as “Not Included” or if both boxes are checked, the provision will be ineffective if set out later in the plan.

A. A limit on the amount of a secured claim, set out in Section 4.A which may 

result in a partial payment or no payment at all to the secured creditor 

 Included Not included 

B. Avoidance of a judicial lien or nonpossessory, nonpurchase-money 

security interest, set out in Section 8.A 

 Included Not included 

C. Nonstandard provisions, set out in Part 12 Included Not included 

2. Funding of Plan. The debtor(s) propose to pay the Trustee the sum of $200.00 per month for 1 month, then $350.00 per 

month for 59 months. 

Other payments to the Trustee are as follows: 

 The total amount to be paid into the Plan is $ 20,850.00 . 

3. 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 

received under the plan. 

2. Check one box: 

Case 18-32795-KRH Doc 4 Filed 05/29/18 Entered 05/29/18 17:26:15 Desc Main

 Document Page 1 of 6
 

Page 2 

Software Copyright (c) 1996-2018 Best Case, LLC - www.bestcase.com Best Case Bankruptcy

 Debtor(s)’ attorney has chosen to be compensated pursuant to the “no-look” fee under Local Bankruptcy Rule 2016-1(C)(1)(a) 

and (C)(3)(a) and will be paid $ 5,083.00 , balance due of the total fee of $ 5,223.00 concurrently with or prior to the 

payments to remaining creditors. 

 Debtor(s)' attorney has chosen to be compensated pursuant to Local Bankruptcy Rule 2016-1(C)(1)(c)(ii) and must submit 

applications for compensation as set forth in the Local Rules. 

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 pursuant to 

3.C below: 

Creditor Type of Priority Estimated Claim Payment and Term 

 

C. Claims under 11 U.S.C. § 507(a)(1).

The following priority creditors will be paid prior to other priority creditors but concurrently with administrative 

claims above. 

Creditor Type of Priority Estimated Claim Payment and Term 

DCSE – Bankruptcy Division Domestic Support Obligations 11,000.00 (after credit for all 

paid in prior case) 

Prorata – 48 months 

4. 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 4(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 5 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 under §§ 362(a) and 1301(a) as to 

the interest of the debtor(s), any co-debtor(s) and the estate in the collateral. 

Creditor Collateral Description Estimated Value Estimated Total Claim 

One Main Financial 2003 Volkswagen Jetta GLS 

200,000 miles 

Vehicle is in ex-wife's 

possession and is currently 

not operable.

2,800.00 4,615.00

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 4(D) and/or 7(B) of the Plan, as 

follows: 

Case 18-32795-KRH Doc 4 Filed 05/29/18 Entered 05/29/18 17:26:15 Desc Main

 Document Page 2 of 6
 

Page 3 

Software Copyright (c) 1996-2018 Best Case, LLC - www.bestcase.com Best Case Bankruptcy

Creditor Collateral Adeq. Protection Monthly Payment To Be Paid By 

 

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

7(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 those loans provided for in section 6 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 specified in sub-section A 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 Payment & 

Est. Term 

-NONEE. Other Debts.

Debts which are (i) mortgage loans secured by real estate which is the debtor(s)’ principal 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 6 of the Plan. 

5. 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 

 10 %. 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 %. 

Debtor is proposing to pay 10% to all unsecured creditors, including all student loans owed to Navient/US Dept of 

Education. The student loan servicers and/or any entity which holds the right to collect on these debts shall 

give the debtor credit for payments made through this plan as if the payments were being made on loans not 

in default and being paid per contract terms pursuant to 20 U.S.C. Section 1087. At successful discharge of 

this case or when this case or when this case terminates for any reason, debtor shall be deemed to have paid 

per contract and in compliance with any repayment period requirements for each and every and all months 

this case is pending, both before and after confirmation of the plan for purposes of any relief available to 

them pursuant to Title 20 of Federal Code. 

B. Separately classified unsecured claims. 

Creditor Basis for Classification Treatment 

-NONE6. Mortgage Loans Secured by Real Property Constituting the Debtor(s)’ Principal 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. A default on the regular contract payments on the debtor(s) 

principal residence is a default under the terms of the plan. 

Creditor Collateral Regular 

Contract 

Payment 

Estimated 

Arrearage 

Arrearage 

Interest Rate 

Estimated Cure 

Period 

Monthly 

Arrearage 

Payment 

Case 18-32795-KRH Doc 4 Filed 05/29/18 Entered 05/29/18 17:26:15 Desc Main

 Document Page 3 of 6
 

Page 4 

Software Copyright (c) 1996-2018 Best Case, LLC - www.bestcase.com Best Case Bankruptcy

Creditor Collateral Regular 

Contract 

Payment 

Estimated 

Arrearage 

Arrearage 

Interest Rate 

Estimated Cure 

Period 

Monthly 

Arrearage 

Payment 

Seterus 2425 Ramsey Ct 

Henrico, VA 23228 

Henrico County 

LOAN IN CLIENT'S 

NAME, EX WIFE IS 

IN RESIDENCE - 

Debtor is ordered to 

pay wife alimony 

and he pays 

mortgage payments 

and deducts amount 

per month from 

alimony payment by 

agreement with wife

unknown Arrearage 

will be paid 

through 

sale of 

house 

within 3 

months of 

filing this 

plan

0% 0months

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 

on Arrearage 

Monthly Payment on 

Arrearage & Est. Term 

-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 Payment & Term 

-NONE7. Unexpired Leases and Executory Contracts. The debtor(s) move for assumption or rejection of the executory contracts, 

leases and/or timeshare agreements 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(s) agree 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 

-NONE8. 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 Basis Exemption Amount Value of Collateral 

-NONECase 18-32795-KRH Doc 4 Filed 05/29/18 Entered 05/29/18 17:26:15 Desc Main

 Document Page 4 of 6
 

Page 5 

Software Copyright (c) 1996-2018 Best Case, LLC - www.bestcase.com Best Case Bankruptcy

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 adversary proceedings 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 

-NONE9. Treatment and Payment of Claims.

• All creditors must timely file a proof of claim to receive any 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. 

• If relief from the automatic stay is ordered as to any item of collateral listed in the plan, then, unless otherwise ordered by the 

court, all payments as to that collateral will cease, and all secured claims based on that collateral will no longer be treated by 

the plan. 

• Unless otherwise ordered by the Court, the amount of the creditor’s total claim listed on the proof of claim controls over any 

contrary amounts listed in the plan. 

10. 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 transfer, 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. 

11. 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, whether unsecured or secured, 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. 

12. Nonstandard Plan Provisions 

 None. If "None" is checked, the rest of Part 12 need not be completed or reproduced. 

Dated: May 29, 2018 

 

/s/ Michael Alvarez /s/ Ellen P. Ray

Michael Alvarez Ellen P. Ray 32286

Debtor Debtor's Attorney 

By filing this document, the Attorney for Debtor(s) or Debtor(s) themselves, if not represented by an attorney, also 

certify(ies) that the wording and order of the provisions in this Chapter 13 plan are identical to those contained in the Local

Form Plan, other than any nonstandard provisions included in Part 12. 

Exhibits: Copy of Debtor(s)’ Budget (Schedules I and J); Matrix of Parties Served with Plan

Certificate of Service 

I certify that on May 29, 2018 , I mailed a copy of the foregoing to the creditors and parties in interest on the attached Service 

List. 

/s/ Ellen P. Ray

Ellen P. Ray 32286

Signature 

1701 W. Main Street 

Richmond, VA 23220

Case 18-32795-KRH Doc 4 Filed 05/29/18 Entered 05/29/18 17:26:15 Desc Main

 Document Page 5 of 6
 

Page 6 

Software Copyright (c) 1996-2018 Best Case, LLC - www.bestcase.com Best Case Bankruptcy

Address 

804-355-1800

Telephone No. 

CERTIFICATE OF SERVICE PURSUANT TO RULE 7004 

I hereby certify that on May 29, 2018 true copies of the forgoing Chapter 13 Plan and Related Motions were served upon the 

following creditor(s): 

US Department of Education 

Betsy DeVos, Secretary 

LBJ Building 

400 Maryland Ave, SW 

Washington, DC 20202 

 by first class mail in conformity with the requirements of Rule 7004(b), Fed.R.Bankr.P.; or 

 by certified mail in conformity with the requirements of Rule 7004(h), Fed.R.Bankr.P 

/s/ Ellen P. Ray

Ellen P. Ray 32286

Case 18-32795-KRH Doc 4 Filed 05/29/18 Entered 05/29/18 17:26:15 Desc Main

 Document Page 6 of 6