UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Alexandria Division

CHAPTER 13 PLAN AND RELATED MOTIONS

Name of Debtor(s): Case No. 18-13484-KHK

SAMUEL O. NYARKO

This Plan, dated November 13, 2018, is:

the first Chapter 13 Plan filed in this case.

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 Included Not included

 which may result in a partial payment or no payment at all to

 the secured creditor X

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B. Avoidance of a judicial lien or nonpossessory, nonpurchase- Included Not included

 money security interest, set out in Section 8.A X

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

X

2. Funding of Plan. The debtor(s) propose to pay the trustee the sum of $600 per month for

60 months. Other payments to the Trustee are as follows: n/a. The total amount to be

paid into the Plan is $36,000.

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 line:

___ 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 $_______, balance due of the total fee of

$________ concurrently with or prior to the payments to remaining

creditors.

 X 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

IRS Income taxes $500.00 Pro rata

Virginia Income taxes $634.15 Pro rata

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C. Claims under 11 U.S.C. § 507(a)(1)

Not applicable.

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.

Not applicable.

B. Real or Personal Property to be Surrendered.

Not applicable.

C. Adequate Protection Payments.

Not applicable.

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.

Approx. Bal. of Debt or Interest Monthly Payment

Creditor Collateral “Crammed Down” Value Rate & Est. Term

Not applicable.

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E. 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 100%. 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%.

B. Separately classified unsecured claims.

Not applicable.

6. 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.

Regular Arrearage Monthly

Contract Estimated Interest Estimated Arrearage

Creditor Collateral Payment Arrearage Rate Cure Period Payment

Planet Debtor’s $3,462.98 $0 N/A N/A N/A

Home residence

Lending

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Bayview Fifer Dr. $1,147.81 $30,898.39 0 Pro rata

 Rental property

B. Trustee to make contract payments and cure arrears, if any.

Not applicable.

C. Restructured Mortgage Loans to be paid fully during term of Plan.

Not applicable.

7. Unexpired Leases and Executory Contracts.

Not applicable.

8. Liens Which Debtor(s) Seek to Avoid.

A. The debtor(s) move to avoid liens pursuant to 11 U.S.C. § 522(f).

Not applicable.

B. Avoidance of security interests or liens on grounds other than 11 U.S.C. § 522(f). 

Not applicable.

9. 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.

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–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.

Date: 11/13/18

 /s/Samuel O. Nyarko /s/Steven B. Ramsdell 

Samuel O. Nyarko Steven B. Ramsdell, VA Bar #33222

Counsel to the Debtor

Tyler, Bartl & Ramsdell, P.L.C.

300 N. Washington St., Suite 310

Alexandria, VA 22314

(703) 549-5003

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

an attorney, also certif(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

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CERTIFICATE OF SERVICE

I hereby certify that a true copy of the foregoing Chapter 13 Plan And Related Motions,

together with a copy of the Debtor’s schedules I & J, were mailed on this 13th day of November,

2018, to all creditors and parties in interest in this case, all of whom are set forth on the list

attached hereto.

 /s/Steven B. Ramsdell 

Steven B. Ramsdell

Bayview Loan Servicing, LLC

P.O. Box 650091

Dallas, TX 75265-0091

BWW Law Group, LLC

6003 Executive Blvd.

Suite 101

Rockville, MD 20852

Commonwealth of Virginia

Dept. of Taxation

Legal Unit, P.O. Box 2156

Richmond, VA 23218

FCI Lender Services, Inc.

P.O. Box 27370

Anaheim, CA 92809-0112

Internal Revenue Service

400 N. 8th Street, Box 76

Stop Room 898

Richmond, VA 23219

Planet Home Lending, LLC

P.O. Box 660016

Dallas, TX 75266-0016

Samuel Nyarko

4325 Upland Dr.

Alexandria, VA 22310

Thomas P. Gorman, Trustee

300 N. Washington St., #400 Alexandria,

VA 22314-2550

Office of the U.S. Trustee 

1725 Duke St., Suite 650

Alexandria, VA 22314-3489

Mark D. Meyer, Esq.

Rosenberg & Associates, LLC

4340 East West Hwy., Suite 600

Bethesda, MD 20814

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Fill in this information to identify your case:

Debtor 1 Samuel Ohene Nyarko

Debtor 2

(Spouse, if filing)

United States Bankruptcy Court for the: EASTERN DISTRICT OF VIRGINIA

Case number 18-13484-KHK Check if this is:

(If known)  An amended filing

 A supplement showing postpetition chapter

13 income as of the following date:

 Official Form 106I MM / DD/ YYYY

Schedule I: Your Income 12/15

Be as complete and accurate as possible. If two married people are filing together (Debtor 1 and Debtor 2), both are equally responsible for

supplying correct information. If you are married and not filing jointly, and your spouse is living with you, include information about your

spouse. If you are separated and your spouse is not filing with you, do not include information about your spouse. If more space is needed,

attach a separate sheet to this form. On the top of any additional pages, write your name and case number (if known). Answer every question.

Part 1: Describe Employment

1. Fill in your employment

information. Debtor 1 Debtor 2 or non-filing spouse

If you have more than one job,

attach a separate page with

information about additional

employers.

Include part-time, seasonal, or

self-employed work.

Occupation may include student

or homemaker, if it applies.

Employment status

 Employed

 Not employed

 Employed

 Not employed

Occupation Disabled

Employer's name

Employer's address

How long employed there?

Part 2: Give Details About Monthly Income

Estimate monthly income as of the date you file this form. If you have nothing to report for any line, write $0 in the space. Include your non-filing

spouse unless you are separated.

If you or your non-filing spouse have more than one employer, combine the information for all employers for that person on the lines below. If you need

more space, attach a separate sheet to this form.

For Debtor 1 For Debtor 2 or

non-filing spouse

2. List monthly gross wages, salary, and commissions (before all payroll

deductions). If not paid monthly, calculate what the monthly wage would be. 2. $ 0.00 $ N/A

3. Estimate and list monthly overtime pay. 3. +$ 0.00 +$ N/A

4. Calculate gross Income. Add line 2 + line 3. 4. $ 0.00 $ N/A

Official Form 106I Schedule I: Your Income page 1

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Debtor 1 Samuel Ohene Nyarko Case number (if known) 18-13484-KHK

For Debtor 1 For Debtor 2 or

non-filing spouse

Copy line 4 here 4. $ 0.00 $ N/A

5. List all payroll deductions:

5a. Tax, Medicare, and Social Security deductions 5a. $ 0.00 $ N/A

5b. Mandatory contributions for retirement plans 5b. $ 0.00 $ N/A

5c. Voluntary contributions for retirement plans 5c. $ 0.00 $ N/A

5d. Required repayments of retirement fund loans 5d. $ 0.00 $ N/A

5e. Insurance 5e. $ 0.00 $ N/A

5f. Domestic support obligations 5f. $ 0.00 $ N/A

5g. Union dues 5g. $ 0.00 $ N/A

5h. Other deductions. Specify: 5h.+ $ 0.00 + $ N/A

6. Add the payroll deductions. Add lines 5a+5b+5c+5d+5e+5f+5g+5h. 6. $ 0.00 $ N/A

7. Calculate total monthly take-home pay. Subtract line 6 from line 4. 7. $ 0.00 $ N/A

8. List all other income regularly received:

8a. Net income from rental property and from operating a business,

profession, or farm

Attach a statement for each property and business showing gross

receipts, ordinary and necessary business expenses, and the total

monthly net income. 8a. $ 5,065.00 $ N/A

8b. Interest and dividends 8b. $ 0.00 $ N/A

8c. Family support payments that you, a non-filing spouse, or a dependent

regularly receive

Include alimony, spousal support, child support, maintenance, divorce

settlement, and property settlement. 8c. $ 0.00 $ N/A

8d. Unemployment compensation 8d. $ 0.00 $ N/A

8e. Social Security 8e. $ 2,414.60 $ N/A

8f. Other government assistance that you regularly receive

Include cash assistance and the value (if known) of any non-cash assistance

that you receive, such as food stamps (benefits under the Supplemental

Nutrition Assistance Program) or housing subsidies.

Specify: 8f. $ 0.00 $ N/A

8g. Pension or retirement income 8g. $ 0.00 $ N/A

8h. Other monthly income. Specify: 8h.+ $ 0.00 + $ N/A

9. Add all other income. Add lines 8a+8b+8c+8d+8e+8f+8g+8h. 9. $ 7,479.60 $ N/A

10. Calculate monthly income. Add line 7 + line 9. 10. $ 7,479.60 + $ N/A = $ 7,479.60

Add the entries in line 10 for Debtor 1 and Debtor 2 or non-filing spouse.

11. State all other regular contributions to the expenses that you list in Schedule J.

Include contributions from an unmarried partner, members of your household, your dependents, your roommates, and

other friends or relatives.

Do not include any amounts already included in lines 2-10 or amounts that are not available to pay expenses listed in Schedule J.

Specify: 11. +$ 0.00

12. Add the amount in the last column of line 10 to the amount in line 11. The result is the combined monthly income.

12. $ 7,479.60

Write that amount on the Summary of Schedules and Statistical Summary of Certain Liabilities and Related Data, if it

applies

Combined

monthly income

13. Do you expect an increase or decrease within the year after you file this form?

 No.

 Yes. Explain:

Official Form 106I Schedule I: Your Income page 2

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Fill in this information to identify your case:

Debtor 1 Samuel Ohene Nyarko Check if this is:

 An amended filing

Debtor 2  A supplement showing postpetition chapter

(Spouse, if filing) 13 expenses as of the following date:

United States Bankruptcy Court for the: EASTERN DISTRICT OF VIRGINIA MM / DD / YYYY

Case number 18-13484-KHK

(If known)

Official Form 106J

Schedule J: Your Expenses 12/15

Be as complete and accurate as possible. If two married people are filing together, both are equally responsible for supplying correct

information. If more space is needed, attach another sheet to this form. On the top of any additional pages, write your name and case

number (if known). Answer every question.

Part 1: Describe Your Household

1. Is this a joint case?

 No. Go to line 2.

 Yes. Does Debtor 2 live in a separate household?

 No

 Yes. Debtor 2 must file Official Form 106J-2, Expenses for Separate Household of Debtor 2.

2. Do you have dependents?  No

Do not list Debtor 1 and

Debtor 2.

 Yes. Fill out this information for

each dependent..............

Dependent’s relationship to

Debtor 1 or Debtor 2

Dependent’s

age

Does dependent

live with you?

Do not state the

dependents names. Son 14

 No

 Yes

Son 14

 No

 Yes

Son 16

 No

 Yes

 No

 Yes

3. Do your expenses include

expenses of people other than

yourself and your dependents?

 No

 Yes

Part 2: Estimate Your Ongoing Monthly Expenses

Estimate your expenses as of your bankruptcy filing date unless you are using this form as a supplement in a Chapter 13 case to report

expenses as of a date after the bankruptcy is filed. If this is a supplemental Schedule J, check the box at the top of the form and fill in the

applicable date.

Include expenses paid for with non-cash government assistance if you know

the value of such assistance and have included it on Schedule I: Your Income

(Official Form 106I.) Your expenses

4. The rental or home ownership expenses for your residence. Include first mortgage

payments and any rent for the ground or lot. 4. $ 3,462.98

If not included in line 4:

4a. Real estate taxes 4a. $ 0.00

4b. Property, homeowner’s, or renter’s insurance 4b. $ 0.00

4c. Home maintenance, repair, and upkeep expenses 4c. $ 150.00

4d. Homeowner’s association or condominium dues 4d. $ 0.00

5. Additional mortgage payments for your residence, such as home equity loans 5. $ 0.00

Official Form 106J Schedule J: Your Expenses page 1

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Debtor 1 Samuel Ohene Nyarko Case number (if known) 18-13484-KHK

6. Utilities:

6a. Electricity, heat, natural gas 6a. $ 300.00

6b. Water, sewer, garbage collection 6b. $ 150.00

6c. Telephone, cell phone, Internet, satellite, and cable services 6c. $ 100.00

6d. Other. Specify: 6d. $ 0.00

7. Food and housekeeping supplies 7. $ 600.00

8. Childcare and children’s education costs 8. $ 0.00

9. Clothing, laundry, and dry cleaning 9. $ 50.00

10. Personal care products and services 10. $ 0.00

11. Medical and dental expenses 11. $ 30.00

12. Transportation. Include gas, maintenance, bus or train fare.

Do not include car payments. 12. $ 150.00

13. Entertainment, clubs, recreation, newspapers, magazines, and books 13. $ 0.00

14. Charitable contributions and religious donations 14. $ 0.00

15. Insurance.

Do not include insurance deducted from your pay or included in lines 4 or 20.

15a. Life insurance 15a. $ 0.00

15b. Health insurance 15b. $ 0.00

15c. Vehicle insurance 15c. $ 75.00

15d. Other insurance. Specify: 15d. $ 0.00

16. Taxes. Do not include taxes deducted from your pay or included in lines 4 or 20.

Specify: Personal property taxes on vehicles 16. $ 7.50

17. Installment or lease payments:

17a. Car payments for Vehicle 1 17a. $ 0.00

17b. Car payments for Vehicle 2 17b. $ 0.00

17c. Other. Specify: 17c. $ 0.00

17d. Other. Specify: 17d. $ 0.00

18. Your payments of alimony, maintenance, and support that you did not report as

deducted from your pay on line 5, Schedule I, Your Income (Official Form 106I). 18. $ 0.00

19. Other payments you make to support others who do not live with you. $ 0.00

Specify: 19.

20. Other real property expenses not included in lines 4 or 5 of this form or on Schedule I: Your Income.

20a. Mortgages on other property 20a. $ 1,147.81

20b. Real estate taxes 20b. $ 0.00

20c. Property, homeowner’s, or renter’s insurance 20c. $ 52.50

20d. Maintenance, repair, and upkeep expenses 20d. $ 150.00

20e. Homeowner’s association or condominium dues 20e. $ 0.00

21. Other: Specify: 21. +$ 0.00

22. Calculate your monthly expenses

22a. Add lines 4 through 21. $ 6,425.79

22b. Copy line 22 (monthly expenses for Debtor 2), if any, from Official Form 106J-2 $

22c. Add line 22a and 22b. The result is your monthly expenses. $ 6,425.79

23. Calculate your monthly net income.

23a. Copy line 12 (your combined monthly income) from Schedule I. 23a. $ 7,479.60

23b. Copy your monthly expenses from line 22c above. 23b. -$ 6,425.79

23c. Subtract your monthly expenses from your monthly income.

The result is your monthly net income. 23c. $ 1,053.81

24. Do you expect an increase or decrease in your expenses within the year after you file this form?

For example, do you expect to finish paying for your car loan within the year or do you expect your mortgage payment to increase or decrease because of a

modification to the terms of your mortgage?

 No.

 Yes. Explain here:

Official Form 106J Schedule J: Your Expenses page 2

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