UNITED STATES BANKRUPTCY COURT 

FOR THE 

EASTERN DISTRICT OF VIRGINIA

Alexandria Division

In the Matter of:

Chapter 13

CHANTHAVY RATTANA

Case No. 19-11026-BFK

Debtor

OBJECTION TO CONFIRMATION OF MODIFIED PLAN,

NOTICE OF OBJECTION TO CONFIRMATION OF MODIFIED PLAN

AND

NOTICE OF SCHEDULED HEARING ON THIS OBJECTION

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

your Modified Chapter 13 Plan filed November 18, 2020. The cause for this objection 

is as follows:

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

• Inadequate notice of the proposed December 18, 2020 confirmation 

hearing date was given. 

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

• Debtor has not been able to maintain Plan payments to date, and 100% 

Plan is underfunded as follows: 

PERFORMANCE: Amount of Plan Payment 668.24 x 1

900.17 x 7

910.00 x 1

1,000.00 x 46

= 668.24

= 6,301.19

= 910.00

= 46,000.00

Number of Months 55

 0.00 0.00

Total Receipts 53,879.43

Disbursements Required:

Attorney 0.00

Taxes-Other Priority 0.00

Secured 492.12

Unsecured 48,706.14

Other

Trustee 4,919.83 10%

Total Disbursement 54,118.09

Case 19-11026-BFK Doc 61 Filed 12/01/20 Entered 12/01/20 13:14:43 Desc Main

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Notice of Objection To Confirmation

Chanthavy Rattana, Case # 19-11026-BFK

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 December 18, 2020 at 1:30 p.m. in 

Courtroom #1 on the 2nd floor, United States Bankruptcy Court, 200 South 

Washington Street, Alexandria, Virginia 22314.1 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

1 Pursuant to the Bankruptcy Court’s Protocol in response to COVID-19 Public Health Emergency, 

parties appearing for hearings shall appear telephonically at the hearing through the Court’s 

CourtSolutions program http://www.court-solutions.com. 

Case 19-11026-BFK Doc 61 Filed 12/01/20 Entered 12/01/20 13:14:43 Desc Main

Document Page 2 of 3
Notice of Objection To Confirmation

Chanthavy Rattana, Case # 19-11026-BFK

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: _December 1, 2020______ ___/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 1

st day of December, 2020, served via ECF authorized 

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

Objection and Notice of Hearing to the following parties.

Chanthavy Rattana

Chapter 13 Debtor

199 Old Centreville Rd.

Manassas, VA 20111 

Jeremy Calvin Huang , Esquire

Attorney for Debtor

Chadwick Washington

3201 Jermantown Rd., Suite 600

Fairfax, VA 22030 

__/s/ Thomas P. Gorman______

Thomas P. Gorman

Case 19-11026-BFK Doc 61 Filed 12/01/20 Entered 12/01/20 13:14:43 Desc Main

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