UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

ALEXANDRIA DIVISION

In Re:

NICOLINE KRISTINE JARAMILLO

Debtor. CASE NO.: 19-10400-BFK

CHAPTER 13

OBJECTION TO CONFIRMATION (CHAPTER 13)

AND NOTICE OF OBJECTION AND HEARING

TO THE HONORABLE JUDGE BRIAN F. KENNEY:

AllyBank, by and through its servicer Ally ServicingLLC (“Ally”), a secured creditor of the

Debtor(s), by counsel, respectfully objects to the Debtor(s) Chapter 13 plan with regard to the 2017

Fiat 500C, VIN 3C3CFFLR4HT570806, on the following grounds, to wit:

1. The Debtor filed for relief pursuant to Chapter 13 on February 6, 2019 and

subsequently filed a Chapter 13 Plan (the “Plan”).

2. Thomas P. Gorman was appointed Chapter 13 Trustee.

3. That the indebtedness due Ally was incurred by the debtors within 910 days prior to

the filing of the Debtors petition herein and, as hereinabove alleged is secured by a purchase money

security interest in the aforesaid vehicle which, upon information and belief, was acquired for the

personal use of the Debtor.

Carl A. Eason, Esquire

Counsel for Ally

Wolcott Rivers Gates

200 Bendix Road, Suite 300 

Virginia Beach, VA 23452

bankruptcy@wolriv.com

 (757) 497-6633

VSB #18636

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4. That the balance due Ally is $16,773.61 as provided in the Proof of Claim filed on

or about March 1, 2019; the plan should pay this amount as the fully secured claim.

5. That the Plan does not provide for interest whatsoever to be paid on Ally’s secured

claim; interest should be in accordance with that allowed byTill v. SCS Credit Corp., 541 U.S. 465

(2004), a minimum of 8.5%.

6. Ally has been unable to verify that insurance is currently being maintained on the

vehicle involved herein. 

WHEREFORE, Ally objects to the Chapter 13 plan and moves this Court to deny

confirmation of the same.

ALLY BANK

 BY AND THROUGH ITS SERVICER

ALLY SERVICING LLC

 

By: /s/ Carl A. Eason 

Of Counsel

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UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

ALEXANDRIA DIVISION

In re:

NICOLINE KRISTINE JARAMILLO

(SSN -1025)

Debtor,

CASE NO.: 19-10400-BFK

CHAPTER 13

1607 Anderson Road

McLean, VA 22102

NOTICE OF OBJECTION AND HEARING

Ally Bank, by and through its servicer Ally Servicing LLC has filed papers with the Court objecting

to your Chapter 13 plan.

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 want the court to deny confirmation of your plan, or if you want the court to consider

your views on the objection, you or your attorney must:

: Send to the parties listed below at least 14 days written notice of a hearing, which

may be set on any regularly-scheduled objection day of the judge assigned in the

case. If necessary, you may obtain a list of such dates from the court's website at

www.vaeb.uscourts.gov under the link for "Calendars." The original notice must

be filed with the clerk. If you are not represented by an attorney, you may instead

file with the clerk a written request for hearing. If you mail your request for hearing

to the court for filing, you must mail it early enough so the court will receive it on

or before the date stated above. The address of the clerk's office is as follows:

Clerk of Court

United States Bankruptcy Court

200 S. Washington Street

Alexandria, VA 22314

You will be notified by the clerk of the hearing date and will be responsible for

sending notice of hearing to the parties listed below.

: File with the court, at the address shown above, 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 by the date

specified, the court may deem any opposition waived, treat the

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

without further notice or hearing. 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 stated above. You must also send a copy to the persons listed below.

: Attend the hearing on the Objection scheduled to be held on April 18, 2019

at 1:30 p.m. at United States Bankruptcy Court, 200 South Washington

Street, Courtroom I, 2

nd Floor, Alexandria, VA 22314. If no timely response

has been filed opposing the motion/objection, the court may grant the relief

without holding a hearing.

A copy of any written response must be sent to:

Carl A. Eason, Esquire

200 Bendix Road, Suite 300

Virginia Beach, VA 23452

Ashvin Pandurangi, Esquire

211 Park Ave.

Falls Church, VA 22046

Thomas P. Gorman, Trustee

300 N. Washington Street, Ste. 400

Alexandria, VA 22314

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

objection to confirmation.

Date: April 11, 2019 /s/ Carl A. Eason

Carl A. Eason, Esquire

200 Bendix Road, Suite 300

Virginia Beach, VA 23452

(757) 497-6633

Virginia State Bar No. 18636

Counsel for Ally

CERTIFICATION OF SERVICE

I hereby certify that I have on this 11

th

day of April, 2019 , mailed or hand-delivered or electronically

sent a true copy of the foregoing Notice of Objection and Hearing to the parties listed on the attached service

list.

Ashvin Pandurangi, Esquire

Counsel for Debtor

211 Park Ave.

Falls Church, VA 22046

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Thomas P. Gorman, Trustee

300 N. Washington Street, Ste. 400

Alexandria, VA 22314

Nicoline Kristine Jaramillo

1607 Anderson Road

McLean, VA 22102

/s/ Carl A. Eason

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