IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA

Alexandria Division

In re: )

)

Alice Jean Vasko ) Case No. 16-14014-BFK

)

Debtor ) Chapter 13

)

PRELIMINARY RESPONSE TO OBJECTION TO PROOF OF CLAIM #6

Hoya Federal Credit Union (hereinafter “Hoya FCU”), a federally chartered credit union, 

by undersigned counsel, hereby preliminarily1 responds to the Objection to Proof of Claim #6 

(doc. 32) (“Objection to Proof of Claim”) filed by the Debtor, Alice Jean Vasko (“Debtor”), as 

follows:

1. The Debtor filed this Chapter 13 case on November 28, 2016 (“Petition Date”).

2. As indicated in Hoya FCU’s timely proof of claim, filed April 6, 2017, Claim # 6 

on the Claims Register (“Proof of Claim”), on or about September 5, 2008, the Debtor executed 

and delivered to Hoya FCU a Note and Disclosure Statement in the principal amount of 

$65,000.00, with interest at a rate of 7.25% per annum, which loan is secured by a Deed of Trust 

executed by the Debtor and recorded in the Land Records of Prince William County, Virginia, as 

to the Debtor’s real property located at 15378 Inlet Place, Dumfries, VA 22026. The Proof of 

Claim indicated that as of the date this case was filed, there were arrears of $4,573.10 on this 

loan.

 1 The Amended Notice filed and served April 19, 2017 (doc. 34) states that a response to the Objection to Proof of 

Claim is due on or before fifteen days from the date of that Notice, which would make May 5, 2017 the response 

deadline. However, per Local Bankruptcy Rule 3007-1(D), the deadline to respond is “within 30 days of service if a 

notice of opportunity to request a hearing is given, or 7 days prior to the hearing if the objection is accompanied by a 

notice of hearing.” Accordingly, the actual response deadline should be either May 19, 2017 or (because the 

Amended Notice set a hearing date of June 1, 2017) May 25, 2017. Hoya FCU reserves its right to supplement this 

Preliminary Response by the applicable response deadline.

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3. In Debtor’s Objection to Proof of Claim, she asserts that “the basis of said 

arrearages are not explained in the Claim filed nor its attachments as it does not contain any sort of 

history of the account” and that “Debtor is unaware of any such charges that have not been paid on a 

timely basis.”

4. In fact, monthly statements for this loan indicate that the Debtor has been past-due 

on this loan (identified as “L016” on the monthly statements, excerpts of which are attached hereto 

as Exhibit A) since August 2013. Although the Debtor has sporadically made payments on the loan 

since August 2013, the loan has not been current at any time since August 25, 2013. As indicated by 

the attached statement for the period of November 1, 2016 through November 30, 2016, on the 

Petition Date the loan was past due for the monthly payments due May 25, 2016 through the 

Petition Date.

5. Hoya FCU reserves the right to supplement this Response to Debtor’s Objection to 

Proof of Claim.

WHEREFORE, Hoya Federal Credit Union requests that this Court DENY the Debtor’s 

Objection to Claim (doc. 60) and grant Arlington Community FCU such other and further relief 

as this Court deems just and proper.

Respectfully submitted,

FELDMAN AND ASSOCIATES, P.C.

By: /s/: William R. Feldman

William R. Feldman, Esquire

Virginia Bar # 23863

451 Hungerford Drive, Suite 210

Rockville, MD 20850

Tel: (301) 469-3610

Fax: (301) 469-3611

Email: wrflaw@aol.com

Counsel for Hoya Federal Credit Union

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 4th day of May, 2017, copies of the foregoing were 

sent electronically, via the CM-ECF system to the following:

Scott H. Donovan, Esquire

9402 Grant Avenue 

Manassas, VA 20110

Thomas P. Gorman, Trustee

300 N. Washington St. Ste. 400 

Alexandria, VA 22314 

and were sent by first-class mail, postage prepaid, upon the following:

Alice Jean Vasko

15378 Inlet Place 

Dumfries, VA 22025 

 /s/:William R. Feldman

William R. Feldman, Esquire

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