Elizabeth L. Gunn, VSB No. 71044

Assistant Attorney General

Dept. of Social Services, Division of Child Support Enforcement

2001 Maywill Street, Suite 200

Richmond, VA 23230

804-367-8270

elizabeth.gunn@dss.virginia.gov

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Richmond Division

In re: MICHAEL ALVAREZ Case No. 18-32795-KRH

5419 Nutmeg Ct. Chapter 13

Richmond, VA 23225

xxx-xx-6726

Debtor.

OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN

COMES NOW the Commonwealth of Virginia, Department of Social Services, Division 

of Child Support Enforcement (the “Division”), by counsel, and hereby objects to the confirmation 

of the chapter 13 plan filed on May 29, 2018 by the debtor in the above-captioned case (the 

“Debtor”), and in support thereof respectfully states as follows:

1. On May 29, 2018 (the “Petition Date”), the Debtor filed a voluntary petition for 

relief under chapter 13 of the Bankruptcy Code.

2. On May 29, 2018, the Debtor filed his proposed chapter 13 plan.

3. On June 20, 2018, the Division timely filed a proof of claim for priority domestic 

support obligation arrearages in the amount of $14,694.89, designated as claim number 3 in the 

official claims register (the “DSO Claim”).

A. The Debtor’s Plan Fails to Provide for Full Payment of Priority Obligations

4. Section 2.B. of the Debtor’s Plan includes child support obligations payable to 

“DCSE – Bankruptcy Division” in the estimated claim amount of $11,000.00. The DSO Claim is 

over $3,600.00 more than the estimated amount included in the Debtor’s Plan. 

5. The total funding of the Debtor’s plan is $20, 850.00 and proposes a 10% dividend 

to unsecured creditors. Taking into consideration the other obligations to be paid by the Trustee 

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pursuant to the Debtors’ Plan, including attorneys’ fees, Trustee’s fees, and secured claims, it is 

unclear whether the Plan provides sufficient funding to pay the DSO Claim in full.

6. In order to have a chapter 13 plan confirmed, it must provide for the full payment 

of all claims entitled to priority under 11 U.S.C. § 507, including domestic support obligations, 

unless the holder of the claim agrees otherwise. The Division does not consent to a different 

treatment. 

WHEREFORE, for the reasons stated herein, the Commonwealth of Virginia, Department 

of Social Services, Division of Child Support Enforcement, respectfully requests that the Court 

deny confirmation of the Debtor’s chapter 13 plan and grant the Division such other and further as 

it deems just and proper.

Dated: July 25, 2018 COMMONWEALTH OF VIRGINIA,

DEPARTMENT OF SOCIAL SERVICES,

DIVISION OF CHILD SUPPORT ENFORCEMENT

/s/ Elizabeth L. Gunn

Elizabeth L. Gunn, VSB No. 71044

Assistant Attorney General

Dept. of Social Services

Division of Child Support Enforcement

2001 Maywill Street, Suite 200

Richmond, VA 23230

804-367-8270

elizabeth.gunn@dss.virginia.gov

Case 18-32795-KRH Doc 16 Filed 07/25/18 Entered 07/25/18 15:17:20 Desc Main

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Certificate of Service

I hereby certify that on the 25th day of July, 2018, I electronically filed the foregoing 

Objection to Confirmation of Chapter 13 Plan with the Clerk of Court using the CM/ECF system, 

which provides electronic notice of such filing to all parties that receive notice in this matter

including the following:

Ellen P. Ray, Esq.

Counsel for the Debtor

Carl M. Bates, Esq.

Chapter 13 Trustee

and mailed a copy of the foregoing by first class mail, postage prepaid, to the following nonCM/ECF participant:

Michael Alvarez

5419 Nutmeg Ct

Richmond, VA 23225

/s/ Elizabeth L. Gunn

Assistant Attorney General

Case 18-32795-KRH Doc 16 Filed 07/25/18 Entered 07/25/18 15:17:20 Desc Main

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