UNITED STATES BANKRUPTCY COURT 

FOR THE 

EASTERN DISTRICT OF VIRGINIA

Alexandria Division

In the Matter of:

Chapter 13

VICTOR M NEGRON JR.

Case No. 17-10063-KHK

Debtor

OBJECTION TO CONFIRMATION OF PLAN,

NOTICE OF OBJECTION TO CONFIRMATION OF PLAN

AND

NOTICE OF SCHEDULED HEARING ON THIS OBJECTION

Thomas P. Gorman, Chapter 13 Trustee, has filed this objection to confirmation of 

your Chapter 13 Plan filed January 6, 2017. The cause for this objection is as follows:

Violation of 11 U.S.C. §1325(a)(3) – Good Faith and Violation of 11 U.S.C. 

§1325(b)(1)(B) – Disposable Income – Debtor’s Schedule J deducts HOA 

dues twice (Lines 4(d) and 20(e)). Schedule J also lists a deduction for 

$70.00/mo. for a “Signature Loan” used for purchase of motorcycle ($4,740.00 

over life of Plan) and $50.00/mo. to Kirby vacuum ($3,000.00 total) which 

should be paid through the Plan. 

Violation of 11 U.S.C. §1325(a)(6) – Feasibility –

 Debtor’s spouse is in her own Chapter 13 (Marian O. Negron, Case #15-

13229-BFK) and this Debtor shows her Plan payment on his Schedule J

filed in this case ($500.00/mo.). Those Plan payments are themselves in 

default, which does not bode well for Debtor’s proposed Plan payment 

in this case ($2,800.00/mo. for 44 months and then $2,966.62 for 1 

month and then $3,893.63 for 15 months). 

 This case appears to have been filed to pay mortgage arrears 

($29,494.32) which have accrued since Co-Debtor filed her Chapter 13 

case, which means Debtors have demonstrated that they cannot afford 

their combined mortgage and Plan obligations.

 Plan is underfunded as follows due to high filed mortgage claim: 

PERFORMANCE Amount of Plan Payment 2,800.00 x 44 123,200.0

Number of Months 2,966.62 x 1

3,893.63 x 15

2966.62

58,404.45

Total Receipts 184,571.07

Disbursements Required

Case 17-10063-KHK Doc 11 Filed 02/28/17 Entered 02/28/17 14:53:20 Desc Main

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Notice of Objection To Confirmation

Victor M Negron Jr., Case # 17-10063-KHK

Trustee 19,503.81 10.00%

Attorney 0.00

Taxes/Other Priority 0.00

Secured 62,061.81

Unsecured 3,362.50

Reg. Mortgage payment 129,613.80

Total Disbursements 214,541.92

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 five business 

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 by the date specified, the Court 

may deem any opposition waived, treat the motion 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 mail a copy to the 

persons listed below.

Attend the hearing to be held on April 6, 2017 at 9:30 a.m., in Courtroom II 

on the 2nd floor, United States Bankruptcy Court, 200 South Washington 

Street, Alexandria, VA 22314. If no timely response has been filed opposing 

the relief requested, the court may grant the relief without holding a hearing.

A copy of any written response must be mailed to the following persons:

Thomas P. Gorman

300 North Washington Street, Ste, 400

Alexandria, VA 22314

Clerk of the Court

United States Bankruptcy Court

200 South Washington Street

Alexandria, VA 22314

Case 17-10063-KHK Doc 11 Filed 02/28/17 Entered 02/28/17 14:53:20 Desc Main

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Notice of Objection To Confirmation

Victor M Negron Jr., Case # 17-10063-KHK

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

oppose the relief sought in the motion or objection and may enter an order granting that 

relief.

Date: _February 28, 2017______ __/s/Thomas P. Gorman ________

Thomas P. Gorman

Chapter 13 Trustee

300 N. Washington Street, #400

Alexandria, VA 22314

(703) 836-2226

VSB 26421

CERTIFICATE OF SERVICE

I hereby certify that I have this 28th day of February, 2017, served via ECF to 

authorized users or mailed a true copy of the foregoing Objection to Confirmation, 

Notice of Objection and Notice of Hearing to the following parties.

Victor M Negron Jr.

Chapter 13 Debtor

15 Whitestone Drive

Stafford, VA 22556 

Eric David Kessel

Attorney for Debtor

Robert A. Ades & Associates, P.C.

5419-B Backlick Road

Springfield, VA 22151 

__/s/ Thomas P. Gorman______

Thomas P. Gorman

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