_______________________________

MERCERTRIGIANI LLP

Michael L. Zupan (VSB No. 24962)

David S. Mercer (VSB No. 13323)

112 South Alfred Street

Alexandria, Virginia 22314

Phone: (703) 837-5002

Fax: (703) 837-5012

michael.zupan@mercertrigiani.com

Counsel for Westerley Homeowners

Association.

UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Alexandria Division

In re: )

) Case No: 19-10855-BFK

CATHY T. NGUYEN, ) Chapter 13

)

Debtor. )

______________________________)

OBJECTION TO CHAPTER 13 PLAN, NOTICE OF

OBJECTION AND NOTICE OF HEARING ON OBJECTION

Westerley Homeowners Association (“Association”), by counsel, states as follows for its 

Objection to the Chapter 13 Plan of Debtor Cathy T. Nguyen (“Debtor”) filed on June 12, 2019 

[Docket No. 27] (“Plan”). 

1. The Debtor filed her Chapter 13 bankruptcy petition on March 18, 2019 (“Petition 

Date”).

2. The Debtor owns the property located 21489 Rusty Blackhaw Square, Sterling,

Virginia (“Property”). The Property is within the boundaries of the Association and is 

subject to Association Assessments (“Assessments”).

3. The Association is a creditor of the Debtor. The Association filed its Proof of 

Claim on April 17, 2019 [Claim No. 2] in the amount of $4,470.60 ($4,058.60 secured, 

$412.00 unsecured) in Debtor’s Chapter 13 case (“Claim”). The Claim is secured by a 

judgment lien and a homeowner association lien recorded among the land records of 

Loudoun County Circuit Court. 

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4. Although Debtor has budgeted the Assessment as an ongoing monthly expense, 

on line 4d. of Schedule J, Debtor has not paid the monthly assessments and late fees that 

accrued after the Petition Date (“Post-Petition Assessments”). The Post-Petition 

Assessments that accrued on April 1, May 1, June 1, and July 1 2019 ($104.00 each), have 

not been paid. Four late fees ($10.00 each) have accrued to the account. To date, unpaid 

Post-Petition Assessments total $456.00. 

5. Debtor is not in compliance with her proposed Plan. Debtor should be required to 

issue a $456.00 payment to the Association. Any Confirmation Order should require Debtor 

to issue timely and full payment of the Association’s Post-Petition Assessments during the 

pendency of her case.

WHEREFORE, the Association asks that confirmation of the Chapter 13 Plan be denied.

Notice

Westerley Homeowners Association has filed this Objection to Confirmation of the 

Chapter 13 Plan filed on June 12, 2019.

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 wish the Court to grant the relief sought in the Objection, or if you want the 

Court to consider your views on the Objection, then on or before seven (7) days prior to the 

hearing date, you or your attorney must:

 File with the Court 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 within seven (7) days of the hearing date noted below, 

the Court may deem any opposition waived, that the Objection is conceded, and issue an 

Order granting the relief requested 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 referenced above. You must mail a copy to the 

persons listed below.

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Michael L. Zupan

MERCERTRIGIANI LLP

112 South Alfred Street

Alexandria, Virginia 22314

Thomas P. Gorman – Chapter 13 Trustee

300 North Washington Street, Suite 400

Alexandria, Virginia 22314

Clerk of Court

U.S. Bankruptcy Court, Eastern District of Virginia

200 South Washington Street

Alexandria, Virginia 22314-5405 

John P. Fitzgerald, III

Office of the U.S. Trustee - Region 4-R

1725 Duke Street, Suite 650

Alexandria, Virginia 22314

 Attend a hearing to be held on July 25, 2019, at 1:30 p.m. in Courtroom 1, United States 

Bankruptcy Court, 200 South Washington Street, Alexandria, Virginia. If no timely 

response has been filed opposing the relief requested, the Court may grant the relief 

without holding a hearing.

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

oppose the relief sought in the Objection and may enter an Order sustaining the Objection.

WESTERLEY HOMEOWNERS 

ASSOCIATION

By Counsel

Date Filed: July 17, 2019 MERCERTRIGIANI LLP

By: /s/ Michael L. Zupan

Michael L. Zupan (VSB No. 24962)

David S. Mercer (VSB No. 13323)

112 South Alfred Street

Alexandria, Virginia 22314

Phone: (703) 837-5002

Fax: (703) 837-5012

michael.zupan@mercertrigiani.com

Counsel for Westerley Homeowners Association

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CERTIFICATE

I certify that a copy of the foregoing Objection, Notice of Objection and Hearing was 

electronically transmitted via the Court’s ECF system and/or mailed by first class mail this 17th

day of June 2019, to the following:

Cathy T. Nguyen

21489 Rusty Blackhaw Square

Sterling, VA 20164

Ashvin Pandurangi

AP Law Group, PLC

211 Park Avenue

Falls Church, VA 22046

(Counsel for Debtor)

Thomas P. Gorman, Chapter 13 Trustee

300 North Washington Street, Suite 400

Alexandria, VA 22314

John P. Fitzgerald, III, U.S. Trustee

Office of the U.S. Trustee – Region 4

1725 Duke Street, Suite 650

Alexandria, VA 22314

/s/ Michael L. Zupan

Michael L. Zupan

170402

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