Jonathan B. Vivona, Esquire

Virginia State Bar No. 82762

601 King Street, Ste 400

Alexandria, VA 22314

(703) 739-1353

vivonalaw@gmail.com

Counsel for Michael and Margarita Mendoza

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

ALEXANDRIA DIVISION

IN RE: )

)

DARRIN Z. BURTON, ) Case No. 19-12225-BFK

) Chapter 13

Debtor. )

__________________________________________)

OBJECTION TO CONFIRMATION OF AMENDED CHAPTER 13 PLAN

COMES NOW Michael and Margarita Mendoza (“the Mendozas”), by counsel, and 

state the following in support of their Objection to Confirmation of the Amended Chapter 13 Plan

filed by the Debtor, Darrin Z. Burton (“Burton” or “Debtor”).

1. On July 5, 2019, Debtor filed his Chapter 13 bankruptcy petition in the Eastern 

District of Virginia, Alexandria Division, Case No. 19-12225-BFK.

2. Debtor has filed eight bankruptcies in this Court since 2008, including this 

case. Six of these cases have been filed under Chapter 13, as provided below:

Case Number Ch

apt

er

Duration of Case Net Receipts Payments to 

Unsecured 

Creditors

Case No. 08-15058-RGM 7 August 22, 2008 –

December 9, 2008

N/A – NDR 

Filed

$0.00

Case No. 09-18157-SSM 13 October 5, 2009 –

May 19, 2010

$2,540.00 $0.00

Case No. 10-14302-RGM 13 May 25, 2010 –

October 31, 2012

$32,600.00 $1,690.30

Case No. 13-12858-BFK 13 June 19, 2013 – April 

30, 2014

$10,080.00 $0.00

Case No. 14-14585-BFK 13 December 10, 2014 –

August 18, 2016

$9,838.48 $0.00

Case No. 16-13137-RGM 7 September 13, 2016 –

January 9, 2017

N/A – NDR 

Filed

$0.00

Case No. 18-12462-KHK 13 July 14, 2018 – June 

13, 2019

$6,049.44 $0.00

Case 19-12225-BFK Doc 26 Filed 09/12/19 Entered 09/12/19 19:00:12 Desc Main

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3. In Debtor’s most recent Chapter 13 case which was pending for twelve months, 

there was a sum total of $6,049.44 in disbursements, none of which was paid to unsecured creditors. 

Instead $5,144.72 went to administrative expenses and $904.72 went to one secured creditor. All of 

debtor’s Chapter 13 cases, with the exception of one, follow this pattern. All have ended in dismissal. 

See attached Chapter 13 Final Reports marked Exhibit “A”.

4. In his best case, Debtor paid $32,600.00 into the Chapter 13 Plan, $1,690.30 

of which went to unsecured claimants. He now purports that he will be able to pay $185,950.00 into 

the present plan as well as make required mortgage payments of $2,335.50 per month going forward.

5. Debtor’s extensive history and recent history in bankruptcy demonstrate that 

this is not possible, and that creditors can only expect further undue delay in collection of their claims. 

6. In debtor’s last case he only was able to make payments to the trustee in the 

total amount of $10,106.16 over the twelve month period he was in bankruptcy, for an average of 

$842.18 per month. Though his household income has not changed significantly from then to now, 

Debtor claims he can now make payments averaging more than $3,000.00 per month over the life of 

his Plan.

DEBTOR’S PRIOR FILINGS DEMONSTRATE BAD FAITH

7. Further, in his Chapter 13 case immediately preceding the present case, Case 

No. 18-12462-KHK, Burton did list on his schedules the real property located at 18 Mill Springs 

Drive, Fredericksburg, VA 22406. However, he valued the property at $0.00 and did not list the claim 

of the secured creditor, Carrington Mortgage Services. Further he did not provide for either surrender 

of the property or payment of the arrearages in his previous Chapter 13 case, nor did he provide for 

any treatment of this claim in his confirmed Amended Chapter 13 Plan in that case. See attached

Case 19-12225-BFK Doc 26 Filed 09/12/19 Entered 09/12/19 19:00:12 Desc Main

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marked Exhibit “B”.

8. Suddenly, in the present case Carrington is listed as having a secured claim of 

$524,500.00 and the Amended Chapter 13 Plan estimates arrearages of $75,000.00. This claim was 

neither listed nor provided for in any capacity in Debtor’s prior case.

9. Debtor also did not list the Mendozas as creditors in his prior case nor did he 

list the Lease as an executory contract in Schedule G of his bankruptcy filing.

10. Debtor has not proceeded in good faith in his many years in bankruptcy. He 

has perpetually utilized the bankruptcy process to delay creditors while not performing on proposed 

plans. He has failed to provide significant returns even to secured creditors, let alone unsecured 

creditors, who in most instances receive nothing on account of their claims.

11. Burton has obtained two Chapter 7 discharges in this time period and in the 

current case is not eligible for a discharge because of his most recent discharge. He was also not 

eligible for a discharge in his prior Chapter 13 filing, in which unsecured creditors received zero 

payment and were delayed nearly a year. Burton then filed this case only weeks after his prior case 

was dismissed.

12. The unsecured creditors are being provided with unfair treatment. They are 

relinquishing precious time during which they could collect on debts that are not subject to discharge

in either a Chapter 7 or Chapter 13, while Debtor counts the days before he can become eligible for a 

third Chapter 7 discharge. In exchange for this delay, Debtor proposes a plan that will pay 25% of 

their claims if it is completed. If it is not completed, the almost assured outcome, non-priority 

creditors will likely not receive any recovery whatsoever as in the prior cases that Burton has filed. 

Yet they will be barred from collecting these debts for potentially several years while the bankruptcy 

is in effect.

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UNDERESTIMATION OF THE MENDOZAS’ CLAIM

13. Finally, Debtor underestimates the Mendozas’ claim.

14. In addition to rent that Debtor failed to pay to the Mendozas, Burton and his 

spouse, Stephani Burton caused in excess of $25,000.00 damage to their property. The Mendozas 

have had to spend significant funds to return the Property to rentable condition, as well as lost rental 

income because the property was not ready for new tenants while the damage was being fixed.

15. A debtor who is perpetually in bankruptcy faces no consequences for their

actions. Burton is evading provisions of the Bankruptcy Code that limit a debtor’s right to a discharge, 

which are in place to ensure fairness to creditors. This purpose would be clearly frustrated if Burton 

is allowed to delay creditors with yet another bad faith Chapter 13 filing in which he has no feasible 

plan.

16. Burton proposes his most ambitious plan yet in his sixth Chapter 13 filing, and 

yet he has routinely failed attempting to execute lesser plans.

17. Based upon this Court’s Order of August 28, 2019, Debtor has apparently made 

Plan payments that “have not been honored upon presentation,” another indicia of bad faith.

CONCLUSION

Debtor’s numerous filings, poor track record in completing Chapter 13 cases, meager 

disbursements to unsecured creditors, failure to list his major secured creditor in his prior case and 

his actions in damaging the Mendoza’s property demonstrate his bad faith. They also demonstrate a

belief that as long as he has the option of bankruptcy available, his obligations to creditors and others

are optional. Finally, the amended plan on its face is not feasible.

Case 19-12225-BFK Doc 26 Filed 09/12/19 Entered 09/12/19 19:00:12 Desc Main

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WHEREFORE, Michael and Margarita Mendoza, by counsel, request that this 

Honorable Court deny confirmation of the Amended Chapter 13 Plan submitted by the Debtor, Darrin 

Z. Burton. 

MICHAEL MENDOZA

MARGARITA MENDOZA

By Counsel

JONATHAN B. VIVONA, PLC

__/s/ Jonathan B. Vivona __

JONATHAN B. VIVONA, ESQUIRE

Virginia State Bar No. 82762

601 King Street, Suite 400

Alexandria, Virginia 22314

Telephone Number: (703) 739-1353

Fax Number: (703) 337-0490

vivonalaw@gmail.com

Counsel for Michael and Margarita Mendoza

CERTIFICATE OF SERVICE

I hereby certify that on the 12

th day of September, 2019 a true copy of the foregoing Objection 

to Confirmation of Amended Chapter 13 Plan was served electronically pursuant to this Court’s 

CM/ECF procedures on: Thomas P. Gorman, Trustee and Earl J. Oberbauer, Jr., Esquire, and sent via 

first class mail, postage pre-paid to: Darrin Z. Burton, 19 Glenview Court, Stafford, VA 22554.

____/s/ Jonathan B. Vivona__________

JONATHAN B. VIVONA

Case 19-12225-BFK Doc 26 Filed 09/12/19 Entered 09/12/19 19:00:12 Desc Main

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