Sara A. John, VSB #48425 

M. Richard Epps, P.C. 

605 Lynnhaven Parkway 

Virginia Beach, Virginia 23452 

757-498-9600 

Counsel for DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR 

INDYMAC INDX MORTGAGE LOAN TRUST 2006-AR29, MORTGAGE PASS-THROUGH 

CERTIFICATES SERIES 2006-AR29

UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA 

Alexandria Division 

In re: 

John Michael Cerceo, II Case No. 16-11381-BFK 

 Debtor. Chapter 13 

 

NOTICE OF OBJECTION TO CONFIRMATION

DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR INDYMAC 

INDX MORTGAGE LOAN TRUST 2006-AR29, MORTGAGE PASS-THROUGH 

CERTIFICATES SERIES 2006-AR29 has filed papers with the Court to object to the 

confirmation of the Chapter 13 plan filed by the Debtor. 

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.) 

 A hearing on the Objection is scheduled to be held at United States Bankruptcy Court, 

200 South Washington Street, 3rd Floor, Courtroom III, Alexandria, Virginia on July 14, 2016 at 

1:30 PM. 

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Date: May 25, 2016 Signature, name, address and telephone 

number of person giving notice: 

 

 /s/ Sara A. John 

Sara A. John, VSB #48425 

M. Richard Epps, P.C. 

605 Lynnhaven Parkway 

Virginia Beach, Virginia 23452 

757-498-9600 

Counsel for DEUTSCHE BANK NATIONAL 

TRUST COMPANY AS TRUSTEE FOR 

INDYMAC INDX MORTGAGE LOAN TRUST 

2006-AR29, MORTGAGE PASS-THROUGH 

CERTIFICATES SERIES 2006-AR29 

Certificate of Service

 I hereby certify that on May 25, 2016, I mailed or electronically served a true copy of the 

foregoing Notice to: Thomas P. Gorman, Trustee, 300 N. Washington St. Ste. 400, Alexandria, 

VA 22314; and John Michael Cerceo, II, P.O. Box 3364, Sterling, VA 20164. 

 

 /s/ Sara A. John

 Sara A. John 

 M. Richard Epps, P.C. 

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Sara A. John, VSB #48425 

M. Richard Epps, P.C. 

605 Lynnhaven Parkway 

Virginia Beach, Virginia 23452 

757-498-9600 

Counsel for DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR 

INDYMAC INDX MORTGAGE LOAN TRUST 2006-AR29, MORTGAGE PASS-THROUGH 

CERTIFICATES SERIES 2006-AR29

UNITED STATES BANKRUPTCY COURT 

 EASTERN DISTRICT OF VIRGINIA 

 Alexandria Division 

In re: 

John Michael Cerceo, II Case No. 16-11381-BFK 

 Debtor. Chapter 13 

OBJECTION TO CONFIRMATION

 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR INDYMAC 

INDX MORTGAGE LOAN TRUST 2006-AR29, MORTGAGE PASS-THROUGH 

CERTIFICATES SERIES 2006-AR29 (“Secured Creditor” herein), by and through its 

undersigned counsel, objects to confirmation of Debtor’s Chapter 13 plan (DE #13), and states as 

follows: 

1. Debtor, John Michael Cerceo, II, filed a voluntary petition pursuant to Chapter 13 of the 

Bankruptcy Code on April 19, 2016. 

2. Secured Creditor holds a security interest in the Debtor’s real property located at 45854 

Cabin Branch Drive, Sterling, Virginia 20164, by virtue of a Deed of Trust recorded on 

September 1, 2006 as Instrument number 20060901-0075714 in the Clerk’s Office of the Circuit 

Court, Loudoun County, Virginia. Said Deed of Trust secures a Note in the amount of 

$472,000.00. 

3. Debtor filed a Chapter 13 plan on May 3, 2016. 

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4. Debtor’s plan states the total arrearage amount owed as “TBD.” It is anticipated that 

Secured Creditor’s claim will show the pre-petition arrearage due to Secured Creditor is 

$211,895.60. Therefore, the plan is not in compliance with the requirements of 11 U.S.C. §§ 

1322(b)(3) and 1325(a)(5) and cannot be confirmed. Secured Creditor objects to any plan which 

proposes to pay it anything less than $211,895.60 as the pre-petition arrearage over the life of the 

plan. 

 WHEREFORE, Secured Creditor respectfully requests this Court sustain the objections 

stated herein and deny confirmation of Debtor’s plan, and for such other and further relief as the 

Court may deem just and proper. 

DEUTSCHE BANK NATIONAL TRUST 

COMPANY AS TRUSTEE FOR INDYMAC INDX 

MORTGAGE LOAN TRUST 2006-AR29, 

MORTGAGE PASS-THROUGH CERTIFICATES 

SERIES 2006-AR29 

 

 /s/ Sara A. John 

 Sara A. John 

 M. Richard Epps, P.C. 

Certificate of Service

 I hereby certify that on May 25, 2016, I mailed or electronically served a true copy of the 

foregoing Objection to: Thomas P. Gorman, Trustee, 300 N. Washington St. Ste. 400, 

Alexandria, VA 22314; and John Michael Cerceo, II, P.O. Box 3364, Sterling, VA 20164. 

 /s/ Sara A. John

Sara A. John 

M. Richard Epps, P.C. 

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