Jonathan B. Vivona, Esquire

601 King Street, Suite 400

Alexandria, Virginia 22314

Telephone Number: (703) 739-1353

vivonalaw@gmail.com

Counsel for Michael A. Mendoza and Margarita Mendoza

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

ALEXANDRIA DIVISION

IN RE: )

)

DARRIN Z. BURTON, ) Case No. 19-12225-BFK

) Chapter 13

Debtor, )

__________________________________________)

OPPOSTION TO DEBTOR’S MOTION TO REHEAR AND RECONSIDER

COMES NOW Michael and Margarita Mendoza (the “Mendozas”), by counsel, and 

state the following in support of their Opposition to the Motion to Rehear and Reconsider filed by 

the Debtor, Darrin Z. Burton (“Debtor”).

1. On July 5, 2019, Debtor filed his Chapter 13 bankruptcy petition in the 

Eastern District of Virginia, Alexandria Division, Case No. 19-12225-BFK.

2. On October 24, 2019, the Mendozas filed a motion to dismiss Debtor’s 

Chapter 13 case with prejudice. 

3. The Mendozas’ motion to dismiss was based upon Debtor’s numerous

bankruptcy filings, inaccuracies in his prior bankruptcy filings and his bad faith in utilizing the 

bankruptcy process to evade and harm creditors.

4. Debtor has filed eight bankruptcies in this Court since 2008, including this 

case, and has hardly paid any return to unsecured creditors in all of these cases combined.

5. Debtor is not eligible for a discharge in this case.

6. On November 18, 2019, the Court entered an Order denying the Mendozas’

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motion to dismiss, however the Court placed conditions upon the Debtor that if not satisfied would 

result in the case being dismissed with prejudice for a period of two (2) years. 

7. The Order provides that if Debtor defaults in making plan payments, the 

Trustee shall send Debtor a Notice of Default, and if Debtor does not cure any such default within 

fifteen days, the case will be dismissed with prejudice upon the filing of a Certification of Default 

and proposed Order by the Trustee.

8. The Order does not specify any required contents of the Notice of Default 

nor does it require that Debtor be provided a time limit to cure the default in the Notice.

9. Substantively, Debtor was provided ample notice that his plan payments 

were not timely when the Trustee filed his motion to dismiss on May 12, 2020. The Trustee later 

amended this motion to seek dismissal with prejudice, however this does not negate the first motion 

providing Debtor with notice of the late payments.

10. The Debtor did not make payment of $4,900.00 until June 5, 2020, outside 

of the fifteen (15) day window within which he could cure the default. 

11. Given Debtor’s extensive history in bankruptcy, he should be quite familiar 

with the responsibilities of a Debtor and bankruptcy procedures.

12. Further, he has had numerous opportunities to resolve his debt issues and 

execute on a plan to pay his creditors. This is far from the first time that Debtor has failed to make 

required timely payments and it is unlikely to be the last. 

13. At present time Debtor is once again in default in the amount of $3,125.00 

according to the trustee’s records, as he has not made a payment since his June 5th payment.

WHEREFORE, Michael A and Margarita Mendoza, by counsel, request that this 

Honorable Court deny Debtor’s Motion to Rehear and Reconsider and uphold its dismissal of the 

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case with prejudice for a period of two (2) years. 

MICHAEL A. MENDOZA

MARGARITA MENDOZA

By Counsel

JONATHAN B. VIVONA, PLC

__/s/ Jonathan B. Vivona __

JONATHAN B. VIVONA, ESQUIRE

Virginia State Bar No. 82762

601 King Street, Suite 400

Alexandria, Virginia 22314

Telephone Number: (703) 739-1353

Fax Number: (703) 337-0490

vivonalaw@gmail.com

Counsel for Michael A. Mendoza and Margarita Mendoza

CERTIFICATE OF SERVICE

I hereby certify that the 9

th day of July, 2020 a true copy of the foregoing Opposition 

to Motion to Rehear and Reconsider was served electronically pursuant to this Court’s CM/ECF 

procedures on: Thomas P. Gorman, Trustee and Earl J. Oberbauer, Jr., Esquire.

____/s/ Jonathan B. Vivona__________

JONATHAN B. VIVONA

Case 19-12225-BFK Doc 65 Filed 07/09/20 Entered 07/09/20 17:17:32 Desc Main

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