____________________________________

MERCERTRIGIANI LLP

Michael L. Zupan, Esquire VSB No. 24962

David S. Mercer, Esquire VSB No. 13323

112 South Alfred Street

Alexandria, Virginia 22314

Phone: (703) 837-5002

Fax: (703 837-5012

michael.zupan@mercertrigiani.com

Counsel for Sadler Oaks Cluster Association

UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Alexandria Division

In re: )

)

PATRICK E. McCANN, ) Case No. 18-12009-KHK

) Chapter 13

Debtor. )

________________________

OBJECTION TO CHAPTER 13 PLAN, NOTICE

OF OBJECTION AND NOTICE OF HEARING ON OBJECTION

Saddler Oaks Cluster Association (“Association”), by counsel, states as follows for its 

Objection to the Chapter 13 Plan of Debtor Patrick E. McCann (“Debtor”), filed on

August 24, 2018 (“Plan”) [Docket No. 23]. 

1. The Debtor filed his Chapter 13 bankruptcy petition on June 7, 2018 (“Petition”). 

The Association is a creditor of the Debtor. 

2. The Debtor owns the property located at 2226 Gunsmith Square, Reston, Virginia 

(“Property”). The Property is located within the boundaries of the Association and is subject to 

Association assessments. The Debtor is indebted to the Association for unpaid assessments and 

fees (“Assessments”) related to the Property.

3. The Association filed Proof of Claim No.1 in Debtor’s bankruptcy case in the 

amount of $2,268.89 ($2,237.39 secured, $31.50 unsecured) relating to Assessments owed prior 

to the filing of the Petition.

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4. Debtor intends to retain the Property and lists the Association’s Assessments as a 

regular contract payment in Section 6A of the Plan.

5. Debtor has not paid the $315.00 quarterly assessment that accrued on July 1, 

2018 (“Post-Petition Assessment”). A late fee in the amount of $31.50 accrued to the account on 

July 31, 2018. Another assessment accrued on October 1, 2018 in the amount of $315.00. The 

unpaid post-petition balance owed is $661.50.

6. Debtor should be required to pay $661.50 to the Association to bring his account 

current and pay future assessments on time and in full.

7. Because Debtor has failed to pay Post-Petition Assessments, Debtor’s Plan is not 

feasible.

WHEREFORE, the Association respectfully requests that this Court deny confirmation of 

the Chapter 13 Plan. 

Notice

Saddler Oaks Cluster Association filed this Objection to Confirmation of the Chapter 13 

Plan filed on August 24, 2018.

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 seven (7) 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 within seven (7) days 

of the hearing date noted below, the Court may deem any opposition waived, that the 

Objection is conceded, and issue an Order granting the relief requested without further 

notice or hearing.

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 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 referenced above. You must mail a 

copy to the persons listed below.

Michael L. Zupan, Esquire

MERCERTRIGIANI LLP

112 South Alfred Street

Alexandria, Virginia 22314

Thomas P. Gorman, Chapter 13 Trustee

300 N. Washington Street, Suite 400

Alexandria, VA 22314

John P. Fitzgerald, III

Office of the U.S. Trustee - Region 4

115 South Union Street, Room 210

Alexandria, VA 22314

Clerk of Court

United States Bankruptcy Court - Eastern District of Virginia

200 S. Washington St. 

Alexandria, VA 22314-5405

 Attend a hearing to be held on October 11, 2018, at 9:30 a.m. in Judge Kindred’s 

Courtroom at The United States Bankruptcy Court, 200 South Washington Street, 

Alexandria, Virginia. If no timely response has been filed opposing the relief requested, 

the Court may grant the relief without holding a hearing.

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 sustaining the Objection.

SADDLER OAKS CLUSTER ASSOCIATION

By Counsel

Date Filed: October 1, 2018 MERCERTRIGIANI LLP

By: /s/ Michael L. Zupan

Michael L. Zupan, Esquire VSB No. 24962

David S. Mercer, Esquire VSB No. 13323

112 South Alfred Street 

Alexandria, Virginia 22314 

Phone: (703) 837-5002 

Fax: (703 837-5012 

michael.zupan@mercertrigiani.com 

Counsel for Sadler Oaks Cluster Association

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CERTIFICATE

I certify that a copy of the foregoing Objection, Notice of Objection and Hearing was 

electronically transmitted via the Court’s ECF system and/or mailed by first class mail this 1st

day of October 2018, to the following:

Patrick E. McCann

2226 Gunsmith Square

Reston, Virginia 20191

Tommy Andrews, Jr., Esquire

Tommy Andrews, Jr. P.C.

122 North Alfred Street

Alexandria, Virginia 22314

Thomas P. Gorman, Chapter 13 Trustee

300 North Washington Street, Suite 400

Alexandria, Virginia 22314

John P. Fitzgerald, III

Office of the U.S. Trustee - Region 4

115 South Union Street, Room 210

Alexandria, VA 22314

/s/ Michael L. Zupan

161031

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