United States Bankruptcy Court

Eastern District of Virginia

Alexandria Division

In RE:

Miriam Gladis Via

Debtor(s)

BCN#: 18-13015-KHK

Chapter: 13

OBJECTION OF WELLS FARGO BANK, N.A.

TO PROPOSED CHAPTER 13 PLAN AND

CONFIRMATION THEREOF

Wells Fargo Bank, N.A., and its assignees and/or successors in interest, a secured creditor 

in the above-entitled Bankruptcy proceeding, hereby submits the following objections to the 

confirmation of the Chapter 13 Plan proposed by Debtor:

1. This objecting secured creditor is the beneficiary of a trust deed on property 

commonly known as 3229 Viscount Ct, Annandale, VA 22003; the promissory note and deed of 

trust will be attached to the proof of claim when it is filed by the secured creditor.

2. The debtor is due for estimated pre-petition arrears in the amount of $7,255.26.

3. The proposed Plan does not set forth a reasonable schedule and time period for the 

payment of arrearages on the deed of trust.

4. The proposed Chapter 13 plan does not provide this objecting secured creditor 

with adequate protection or adequate security, according to Sections 362 and 1325(a) of the 

Code.

5. As indicated by the debtor's payment history and schedules, the Plan is not 

feasible.

6. The Plan does not propose to pay the secured creditor's entire claim which is 

estimated to be $7,255.26

/s/ Mary F. Balthasar Lake

Gregory N. Britto, Esquire

Malcolm B. Savage, III, Esquire

William M. Savage, Esquire

Mary F. Balthasar Lake, Esquire

Matthew Beddingfield, Esquire

Thomas J. Gartner, Esquire

SHAPIRO & BROWN, LLP

501 Independence Parkway, Suite 203

Chesapeake, Virginia 23320

(703) 449-5800 18-276052

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CONCLUSION

Any Chapter 13 Plan proposed by Debtors must provide for and eliminate the objections 

specified above in order to be feasible and to provide adequate protection to this objecting 

secured creditor. It is respectfully requested that confirmation of the Chapter 13 Plan as 

proposed by Debtor be denied.

WHEREFORE, secured creditor prays as follows:

1. That confirmation of the proposed Chapter 13 Plan be denied.

2. For attorney's fees and costs incurred herein.

3. That a hearing be held November 8, 2018, at 9:30 am on this objection.

4. For such other relief as this Court deems proper.

Dated: October 9, 2018 Respectfully submitted

Wells Fargo Bank, N.A.

By Counsel:

/s/ Mary F. Balthasar Lake

Gregory N. Britto, Esquire

Malcolm B. Savage, III, Esquire

William M. Savage, Esquire

Mary F. Balthasar Lake, Esquire

Matthew Beddingfield, Esquire

Thomas J. Gartner, Esquire

SHAPIRO & BROWN, LLP

501 Independence Parkway, Suite 203

Chesapeake, Virginia 23320

(703) 449-5800

I certify that I have electronically transmitted and/or mailed true copies of the above Objections 

to the Chapter 13 Plan, by First Class Mail, postage prepaid on this 9th day of October, 2018, to 

the following:

Amir Raminpour Thomas P. Gorman Miriam Gladis Via

Sandground, West, Silek 300 N. Washington St. 3229 Viscount Ct

& Raminpour, PLC Suite 400 Annandale, VA 22003

8500 Leesburg Pike, Suite 400 Alexandria, VA 22314

Vienna, VA 22182

/s/ Mary F. Balthasar Lake

Gregory N. Britto, Esquire

Malcolm B. Savage, III, Esquire

William M. Savage, Esquire

Mary F. Balthasar Lake, Esquire

Matthew Beddingfield, Esquire

Thomas J. Gartner, Esquire

18-276052

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United States Bankruptcy Court

Eastern District of Virginia

Alexandria Division

In RE:

Miriam Gladis Via

Debtor(s)

BCN#: 18-13015-KHK

Chapter: 13

NOTICE OF MOTION AND HEARING

Wells Fargo Bank, N.A. has filed papers with the court objecting to the proposed Chapter 

13 plan and confirmation thereof.

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 motion, or if you want the 

Court to consider your views on the motion, then within fifteen (15) days from the date of service 

of this motion, you must file a written response explaining your position with the Court at the 

following address: Clerk of Court, United States Bankruptcy Court, P.O. Box 19247, Alexandria, 

VA 22320, and serve a copy on the movant at the following address: Shapiro & Brown, LLP, 

501 Independence Parkway, Suite 203, Chesapeake, VA 23320. Unless a written response is 

filed and served within this fifteen day period, the Court may deem any opposition waived, treat 

the motion as conceded, and issue an order granting the requested relief. 

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 expiration of the fifteen day period.

In order to oppose this motion, you must also attend the preliminary hearing scheduled to 

be held on: November 8, 2018, at 9:30 am in Courtroom III, United States Bankruptcy Court, 200 

South Washington Street, Alexandria, VA 22314.

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

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

18-276052

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Dated: October 9, 2018 SHAPIRO & BROWN, LLP

Attorneys for Wells Fargo Bank, N.A.

By:/s/ Mary F. Balthasar Lake

Gregory N. Britto, Esquire

Malcolm B. Savage, III, Esquire

William M. Savage, Esquire

Mary F. Balthasar Lake, Esquire

Matthew Beddingfield, Esquire

Thomas J. Gartner, Esquire

SHAPIRO & BROWN, LLP

501 Independence Parkway, Suite 203

Chesapeake, Virginia 23320

(703) 449-5800

CERTIFICATE OF SERVICE

I certify that I have this 9th day of October, 2018, electronically transmitted and/or mailed 

by first class mail, postage pre-paid or hand-delivered a true copy of the foregoing Notice of 

Motion (or Objection) to the following:

Amir Raminpour Thomas P. Gorman Miriam Gladis Via

Sandground, West, Silek 300 N. Washington St. 3229 Viscount Ct

& Raminpour, PLC Suite 400 Annandale, VA 22003

8500 Leesburg Pike, Suite 400 Alexandria, VA 22314

Vienna, VA 22182

/s/ Mary F. Balthasar Lake

Gregory N. Britto, Esquire

Malcolm B. Savage, III, Esquire

William M. Savage, Esquire

Mary F. Balthasar Lake, Esquire

Matthew Beddingfield, Esquire

Thomas J. Gartner, Esquire

Gregory N. Britto, Esquire

Malcolm B. Savage, III, Esquire

William M. Savage, Esquire

Mary F. Balthasar Lake, Esquire

Matthew Beddingfield, Esquire

Thomas J. Gartner, Esquire

SHAPIRO & BROWN, LLP ATTORNEY FOR

Wells Fargo Bank, N.A.

501 Independence Parkway, Suite 203

Chesapeake, Virginia 23320

(703) 449-5800 18-276052

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