UNITED STATES BANKRUPTCY COURT 

FOR THE 

EASTERN DISTRICT OF VIRGINIA 

Alexandria Division 

In the Matter of:

Keith A. Cunningham Chapter 13

Pamela S. Cunningham 

Case No. 19-12308-BFK

Debtor(s)

ORDER CONFIRMING MODIFIED PLAN

The Modified Chapter 13 Plan filed by Keith A. Cunningham and Pamela S. 

Cunningham on March 26, 2021, having been transmitted to all creditors; and it having been 

determined that the plan meets each of the requirements of 11 U.S.C. Section 1325(a); 

It is ORDERED that:

(1) the Plan as filed or modified is CONFIRMED. 

(2) Upon entry of this order, all property of the estate shall revest in the Debtor(s). 

Notwithstanding such revesting, the Debtor(s) shall not encumber, refinance, sell or otherwise 

convey real property without first obtaining an order of approval from this Court. 

(3) On August 11, 2019, and each month thereafter until further order of this Court, 

the Debtors shall pay to the Trustee, Thomas P. Gorman at P.O. Box 1553, Memphis, TN 

38101-1553 the sum of $2,980.00 per month for 12 months and then $1,681.00 per month for 10 

months and then $1,457.00 per month for 5 months and then $1,817.00 per month for 5 months 

and then $2,612.00 per month for the remaining 28 months of the Plan with a lump sum payment 

of $1,364.00 in month 20. Payments under said Plan to be completed within 60 months from the 

due date of the first payment in this case. 

(4) The Debtor shall file all federal and state income tax returns on or before the due 

date, without extension, and provide the Trustee with signed copies of the returns within 7 days 

after they are filed and provide the Trustee such additional information as the Trustee may 

require for determination of the Debtor’s disposable income. Failure to timely comply with this 

provision shall be grounds for dismissal. 

(5) Any lien avoidance actions(s) contemplated by Section 8(B) of the Plan must be 

made by the filing of an Adversary Proceeding no later than sixty(60) days from the date of the 

entry of this Order. 

(6) The holder of each secured claim provided for in paragraphs 4A or 4D of the plan 

shall retain the lien securing such claim until the earlier of i) the payment of the underlying debt 

determined under nonbankruptcy law or ii) discharge under section 1328 or iii) such lien is 

otherwise avoided by separate Court order entered in this case or associated adversary 

proceeding. If this case is dismissed or converted without completion of the plan, such lien shall 

be retained by such holder to the extent recognized by applicable nonbankruptcy law. 

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Order Confirming Modified Plan 

Keith A. Cunningham and Pamela S. Cunningham

Case #19-12308-BFK 

(7) The Debtor(s) shall comply with the agreed modifications of page four of the 

Order Confirming Plan, which shall supplement the Plan funding in addition to the payments 

provided by paragraph 3 above. 

 

Dated: _______________ ____________________________ 

Brian F. Kenney 

United States Bankruptcy Judge 

Confirmation Recommended. 

_/s/ Thomas P. Gorman___________ 

Thomas P. Gorman 

Chapter 13 Trustee 

300 North Washington Street, Ste. 400 

Alexandria, VA 22314 

(703) 836-2226 

VSB #26421 

Local Rule 9022-1(C) Certification 

The foregoing Order was endorsed by and/or served upon all necessary parties pursuant to Local 

Rule 9022-1(C). 

/s/ Thomas P. Gorman______________ 

Thomas P. Gorman, Chapter 13 Trustee 

May 3 2021 /s/ Brian F Kenney

Entered On Docket: May 3, 2021

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Keith A. Cunningham and Pamela S. Cunningham

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ADDENDUM TO PLAN AND CONSENT ORDER CONFIRMING PLAN, page 4

Chapter 13 Case 19-12308-BFK 

Keith A. Cunningham 

Pamela S. Cunningham

The Debtor(s) shall furnish the Trustee annual federal and state income tax returns within 

forty-five (45) days of the due date of such returns for each year of the Chapter 13 case, plus 

federal and state income tax refunds in the excess of $250.00 per annum unless otherwise 

ordered by this Court. In addition, the Debtor shall furnish the Trustee any such amount(s) as are 

hereafter determined by the Court to be disposable income of the Debtor(s) during the pendency 

of this proceeding and any additional information as the Trustee may require for determination of 

the Debtors disposable income. Failure to comply with this provision shall be grounds for 

dismissal.

_/s/Keith A. Cunningham_______________ 

Keith A. Cunningham 

_/s/Pamela S. Cunningham_______________ 

Pamela S. Cunningham 

_/s/Ronald J. Aiani______________________ 

Ronald J. Aiani 

_/s/Thomas P. Gorman_________________ 

Thomas P. Gorman 

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Keith A. Cunningham and Pamela S. Cunningham

Case #19-12308-BFK 

PARTIES TO RECEIVE COPIES 

Keith A. Cunningham 

Pamela S. Cunningham 

Chapter 13 Debtors 

12586 Lake Country Drive 

Bealeton, VA 22712 

Ronald J. Aiani 

Attorney for Debtor 

86 East Lee Street 

Warrenton, VA 20186 

Thomas P. Gorman 

Chapter 13 Trustee 

300 North Washington Street, Ste. 400 

Alexandria, VA 22314 

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