Johnie R. Muncy, Esquire

Counsel for Plaintiff

Samuel I White, P.C.

Bar No. 73248

1804 Staples Mill Road

Suite 200

Richmond, VA 23230

(804) 290-4290

File No. 69731

OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN

NOTICE

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 SUSTAIN THE OBJECTION SOUGHT HEREIN, OR IF YOU WANT THE COURT 

TO CONSIDER YOUR VIEWS ON THE OBJECTION, THEN YOU MUST ATTEND THE HEARING ON THIS MATTER, 

OTHERWISE, THE COURT MAY DEEM OPPOSITION WAIVED, TREAT THE OBJECTION AS CONCEDED, AND ISSUE 

AN ORDER SUSTAINING THE OBJECTION WITHOUT FURTHER NOTICE OR HEARING.

THE HEARING IS SCHEDULED TO BE HELD ON MAY 16, 2019 AT 1:30 PM AT THE 

U.S. BANKRUPTCY COURT, ALEXANDRIA DIVISION, 200 S. WASHINGTON 

STREET, ALEXANDRIA, VA 22314, IN COURTROOM NUMBER I, 2ND FLOOR.

COMES NOW, Specialized Loan Servicing, LLC, as Servicer for The Bank of New York 

Mellon FKA The Bank of New York, as Trustee for the certificateholders of the CWABS, Inc., AssetBack Certificates, Series 2006-12 (“Secured Creditor”), by Counsel, and objects to the confirmation 

of the Chapter 13 Plan (the “Plan”) and in support thereof, represents unto the Court:

1. Secured Creditor has a claim against the property of the Debtor located at 21489 

Rusty Blackhaw Square, Sterling, VA 20164 by virtue of the Note and accompanying Deed of Trust.

2. The Secured Creditor is currently in the process of filing a Proof of Claim. Secured 

Creditor is owed a total debt of approximately $215,808.99. The pre-petition arrears owed when the 

petition was filed are approximately $7,227.05.

3. The Plan filed April 3, 2019 is underfunded, as the arrearage owed to this Secured 

Creditor is understated, with the Plan providing for only $2,420.00 in pre-petition arrears. Therefore 

Secured Creditor hereby objects to the Plan as filed. 

4. Any Chapter 13 Plan proposed by the Debtor must provide for and eliminate the 

objections specified above in order to be feasible and to provide adequate protection to this 

Secured Creditor. It is respectfully requested that this Court deny confirmation of the Plan. 

WHEREFORE, the undersigned requests as follows:

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA 

ALEXANDRIA DIVISION

In re:

CATHY T NGUYEN, CHAPTER 13

DEBTOR. CASE NO. 19-10855-BFK

Case 19-10855-BFK Doc 16 Filed 04/16/19 Entered 04/16/19 15:48:54 Desc Main

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1. That confirmation of the proposed Plan be denied;

2. Debtor be required to modify the Plan to honor the terms and conditions of the 

Deed of Trust; and

3. For such other relief as this Court deems proper. 

Specialized Loan Servicing, LLC, as Servicer for 

The Bank of New York Mellon FKA The Bank of 

New York, as Trustee for the certificateholders of 

the CWABS, Inc., Asset-Back Certificates, Series 

2006-12

By: /s/JOHNIE R. MUNCY

Eric D. White, Esquire, Bar No. 21346

Michael T. Freeman, Esquire, Bar No. 65460

Brandon R. Jordan, Esquire, Bar No. 72170

Johnie R. Muncy, Esquire, Bar No. 73248

Nisha R. Patel, Esquire, Bar No. 83302

Samuel I. White, P.C.

1804 Staples Mill Road

Suite 200

Richmond, VA 23230

Tel.: (804) 290-4290

Fax: (804) 290-4298

jmuncy@siwpc.com

CERTIFICATE OF SERVICE

I certify that on April 16, 2019, the foregoing Objection was served via CM/ECF on Thomas 

P. Gorman, Trustee, and Ashvin Pandurangi, Counsel for Debtor, at the email addresses registered 

with the Court, and that a true copy was mailed via first class mail, postage prepaid, to Cathy T 

Nguyen, Debtor, 21489 Rusty Blackhaw Sq., Sterling, VA 20164.

/s/JOHNIE R. MUNCY

Johnie R. Muncy, Esquire

Samuel I. White, P. C.

Case 19-10855-BFK Doc 16 Filed 04/16/19 Entered 04/16/19 15:48:54 Desc Main

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