IN THE UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA 

ALEXANDRIA DIVISION 

IN RE: 

Dan R Williams 

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BCN#: 18-11568-BFK 

Chapter 11 

OBJECTION OF ABS REO Trust VI 

TO CONFIRMATION OF DEBTOR’S PROPOSED 

PLAN OF REORGANIZATION 

COMES NOW, ABS REO Trust VI, a secured creditor of the Debtors, by Counsel, and in 

support of its objection to confirmation of the Debtor’s Proposed Plan of Reorganization, 

respectfully states as follows: 

1) That ABS REO Trust VI is a secured creditor of the Debtor based upon a Note 

dated March 21, 2008 in the original principal amount of $956,500.00 which note is secured by 

a Deed of Trust even date on the property located at 1347 Kirby Rd, Mc Lean, VA 22101. 

2) That the amount due and owing by the Debtor to Select Portfolio Servicing, Inc. 

on account of the obligation described above was $897,530.84 as of May 1, 2018, based on a 

Proof of Claim dated August 28, 2018, and filed with this Court on or about August 28, 2018. 

3) That ABS REO Trust VI objects to the Debtor’s Proposed Plan of Reorganization 

on the following grounds: 

a) That the Debtor’s Proposed Plan of Reorganization does not comply with Section 

1129 (a) (8) of the Bankruptcy Code in that Class C, of which ABS REO Trust VI is the sole 

member, is an impaired class that has not accepted the Debtor’s Plan of Reorganization. 

Case 18-11568-BFK Doc 153 Filed 01/28/20 Entered 01/28/20 16:56:50 Desc Main

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b) That the Debtor’s Proposed Plan does not comply with Section 1129 (a) (10) 

because, to the best of this secured creditor's knowledge, no impaired class has voted in favor 

of the Proposed Plan of Reorganization. 

c) That the Debtor’s Proposed Plan of Reorganization is not "fair and equitable" to 

the Class C creditor, of which ABS REO Trust VI is the sole member, based on the fact that the 

 Plan of Reorganization does not contemplate a proposed payback period for the outstanding 

arrears presently owing to ABS REO Trust VI. The Debtors are presently due for their 

September 1, 2017 mortgage payment. The present monthly payment is $2,052.20. 

WHEREFORE, ABS REO Trust VI, a secured creditor of the Debtor, respectfully prays 

that the court deny confirmation of the Debtor’s Proposed Plan of Reorganization. 

ABS REO Trust VI 

By:/s/ Nicole McKenzie 

of Counsel 

LAW OFFICES OF 

Shapiro & Brown, LLP 

10021 Balls Ford Road, Suite 200 

Manassas, Virginia 20109 

phone (703) 449-5800 

By: /s/ Nicole McKenzie 

Malcolm B. Savage, III, Esquire VSB #91050 

William M. Savage, Esquire VSB #26155 

Mary F. Balthasar Lake, Esquire VSB #34899 

Gregory N. Britto, Esquire VSB #23476 

Nicole McKenzie, Esquire VSB #93990 

Case 18-11568-BFK Doc 153 Filed 01/28/20 Entered 01/28/20 16:56:50 Desc Main

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CERTIFICATE OF SERVICE 

I certify that I have this 28th day of January, 2020, electronically transmitted and/or mailed by 

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

Confirmation of the Debtor’s Plan of Reorganization to the following: 

Dan R Williams 

1347 Kirby Rd 

Mc Lean, VA 22101 

- Debtor(s) 

John P. Fitzgerald, III 

Office of the U.S. Trustee - Region 4 

1725 Duke Street 

Suite 650 

Alexandria, VA 22314 

- United States Trustee 

Daniel M. Press 

Chung & Press, PC 

6718 Whittier Avenue, Suite 200 

McLean, VA 22101 

- Debtors' Attorney 

/s/ Nicole McKenzie 

Gregory N. Britto, Esquire 

Malcolm B. Savage, III, Esquire 

William M. Savage, Esquire 

Mary F. Balthasar Lake, Esquire 

Nicole McKenzie, Esquire 

19-280402 

Case 18-11568-BFK Doc 153 Filed 01/28/20 Entered 01/28/20 16:56:50 Desc Main

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