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UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA 

Alexandria Division

CHAPTER 13 PLAN 

AND RELATED MOTIONS

Name of Debtor(s): Keith Alan Bryan Case No.: 20-11789-KHK 

 Dorri Allyson Bryan 

 This Plan, dated August 7, 2020 is: 

 ■ the first Chapter 13 Plan filed in this case. 

  a modified Plan that replaces the 

  confirmed or  unconfirmed Plan dated Click here to enter a date.

 Date and Time of Modified Plan Confirmation Hearing: 

 

 Place of Modified Plan Confirmation Hearing: 

 

 

The Plan provisions modified by this filing are: 

 N/A 

 Creditors affected by this modification are: 

 N/A 

1. Notices 

To Creditors: 

Your rights may be affected by this plan. Your claim may be reduced, modified, or eliminated. You 

should read this plan carefully and discuss it 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 oppose the plan’s treatment of your claim or any provision of this plan, you or your attorney 

must file an objection to confirmation at least 7 days before the date set for the hearing on 

confirmation, unless otherwise ordered by the Bankruptcy Court. The Bankruptcy Court may 

confirm this plan without further notice if no objection to confirmation is filed. See Bankruptcy 

Rule 3015. In addition, you may need to file a timely proof of claim in order to be paid under any 

plan. 

The following matters may be of particular importance. 

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Debtors must check one box on each line to state whether or not the plan includes each of the 

following items. If an item is checked as “Not Included” or if both boxes are checked, the 

provision will be ineffective if set out later in the plan.

A. A limit on the amount of a secured claim, set out in Section 4.A 

which may result in a partial payment or no payment at all to 

the secured creditor 

 Included ■ Not Included 

B. Avoidance of a judicial lien or nonpossessory, nonpurchasemoney security interest, set out in Section 8.A  Included ■ Not Included 

C. Nonstandard provisions, set out in Part 12  Included ■ Not Included 

2. Funding of Plan. The debtor(s) propose to pay the Trustee the sum of $400.00 per month for 36

months. Other payments to the Trustee are as follows: N/A . The total amount to 

be paid into the Plan is $14,400.00. 

3. Priority Creditors. The Trustee shall pay allowed priority claims in full unless the creditor agrees 

otherwise.

A. Administrative Claims under 11 U.S.C. § 1326. 

1. The Trustee will be paid the percentage fee fixed under 28 U.S.C. § 586(e), not to exceed 

10% of all sums received under the plan. 

2. Check one box: 

 Debtor(s)’ attorney has chosen to be compensated pursuant to the “no-look” fee under 

Local Bankruptcy Rule 2016-1(C)(1)(a) and (C)(3)(a) and will be paid $ , balance due of 

the total fee of $ concurrently with or prior to the payments to remaining creditors. 

■ Debtor(s)’ attorney has chosen to be compensated pursuant to Local Bankruptcy Rule 

2016-1(C)(1)(c)(ii) and must submit applications for compensation as set forth in the Local 

Rules. 

B. Claims under 11 U.S.C. § 507. 

The following priority creditors will be paid by deferred cash payments pro rata with other priority 

creditors or in monthly installments as below, except that allowed claims pursuant to 11 U.S.C. § 

507(a)(1) will be paid pursuant to 3.C below: 

Creditor Type of Priority Estimated Claim Payment and Term

-None- 

 

 

 

C. Claims under 11 U.S.C. § 507(a)(1) 

The following priority creditors will be paid prior to other priority creditors but concurrently with administrative 

claims above. 

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Creditor Type of Priority Estimated Claim Payment and Term

-NONE4. Secured Creditors: Motions to Value Collateral (“Cramdown”), Collateral being 

Surrendered, Adequate Protection Payments, and Payment of certain Secured Claims. 

A. Motions to Value Collateral (other than claims protected from “cramdown” by 11 U.S.C. 

§ 1322(b)(2) or by the final paragraph of 11 U.S.C. § 1325(a)). Unless a written 

objection is timely filed with the Court, the Court may grant the debtor(s)’ motion to 

value collateral as set forth herein. 

This section deals with valuation of certain claims secured by real and/or personal property, other than 

claims protected from “cramdown” by 11 U.S.C. § 1322(b)(2) [real estate which is debtor(s)’ principal 

residence] or by the final paragraph of 11 U.S.C. § 1325(a) [motor vehicles purchased within 910 

days or any other thing of value purchased within 1 year before filing bankruptcy], in which the 

replacement value is asserted to be less than the amount owing on the debt. Such debts will be 

treated as secured claims only to the extent of the replacement value of the collateral. That 

value will be paid with interest as provided in sub-section D of this section. You must refer 

to section 3(D) below to determine the interest rate, monthly payment and estimated term 

of repayment of any “crammed down” loan. The deficiency balance owed on such a loan 

will be treated as an unsecured claim to be paid only to the extent provided in section 5 of 

the Plan. 

The following secured claims are to be “crammed down” to the following values: 

Creditor Collateral Purchase Date Est. Debt Bal. Replacement Value

-NONEB. Real or Personal Property to be Surrendered. 

Upon confirmation of the Plan, or before, the debtor(s) will surrender his/her/their interest in the 

collateral securing the claims of the following creditors in satisfaction of the secured portion of such 

creditors’ allowed claims. To the extent that the collateral does not satisfy the claim, any timely filed 

deficiency claim to which the creditor is entitled may be paid as a non-priority unsecured claim. 

Confirmation of the Plan shall terminate the automatic stay under §§ 362(a) and 1301(a) as to the 

interest of the debtor(s), any co-debtor(s) and the estate in the collateral. 

Creditor Collateral Description Estimated Value Estimated Total Claim

New Rez 501 Brawley Ln, 

Bayse, VA 

 $290,000.00 $354,889.31 

Westgate Vacation Villas 

OA 

Westgate Vacation Villas 

Timeshare 

 $6,000.00 $1,200.00 

C. Adequate Protection Payments. 

The debtor(s) propose to make adequate protection payments required by 11 U.S.C. § 1326(a) or 

otherwise upon claims secured by personal property, until the commencement of payments provided 

for in section 4(D) and/or 7(B) of the Plan, as follows: 

Creditor Collateral Adeq. Protection Monthly Payment To Be Paid By

-None- 

 

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Any adequate protection payment upon an unexpired lease of personal property assumed by the 

debtor(s) pursuant to section 7(B) of the Plan shall be made by the debtor(s) as required by 11 U.S.C. 

§ 1326(a)(1)(B) (payments coming due after the order for relief). 

D. Payment of Secured Claims on Property Being Retained (except those loans provided for 

in section 6 of the Plan): 

This section deals with payment of debts secured by real and/or personal property [including short 

term obligations, judgments, tax liens and other secured debts]. After confirmation of the Plan, the 

Trustee will pay to the holder of each allowed secured claim, which will be either the balance owed on 

the indebtedness or, where applicable, the collateral’s replacement value as specified in sub-section A 

of this section, whichever is less, with interest at the rate provided below, the monthly payment 

specified below until the amount of the secured claim has been paid in full. Upon confirmation of 

the Plan, the valuation specified in sub-section A and interest rate shown below will be 

binding unless a timely written objection to confirmation is filed with and sustained by the 

Court. 

Creditor Collateral

Approx. Bal. of Debt or 

“Crammed Down” Value Interest Rate

Monthly Payment 

 & Est. Term

-NONE- 

 

E. Other Debts. 

Debts which are (i) mortgage loans secured by real estate which is the debtor(s)’ principal residence, 

or (ii) other long term obligations, whether secured or unsecured, to be continued upon the existing 

contract terms with any existing default in payments to be cured pursuant to 11 U.S.C. § 1322(b)(5), 

are provided for in section 6 of the Plan. 

5. Unsecured Claims 

A. Not separately classified. Allowed non-priority unsecured claims shall be paid pro rata from 

any distribution remaining after disbursement to allowed secured and priority claims. Estimated 

distribution is approximately 5.0%. The dividend percentage may vary depending on actual 

claims filed. If this case were liquated under Chapter 7, the debtor(s) estimate that unsecured 

creditors would receive a dividend of approximately 0.0%. 

B. Separately classified unsecured claims. 

Creditor Basis for Classification Treatment

-NONE6. Mortgage Loans Secured by Real Property Constituting the Debtor(s)’ Principal Residence; 

Other Long Term Payment Obligations, whether secured or unsecured, to be continued upon 

existing contract terms; Curing of any existing default under 11 U.S.C. § 1322(b)(5). 

A. Debtor(s) to make regular contract payments; arrears, if any, to be paid by the Trustee. 

The creditors listed below will be paid by the debtor(s) pursuant to the contract without 

modification, except that arrearages, if any, will be paid by the Trustee either pro rata with other 

secured claims or on a fixed monthly basis as indicated below, without interest unless an interest 

rate is designated below for interest to be paid on the arrearage claim and such interest is 

provided for in the loan agreement. A default on the regular contract payments on the debtor(s) 

principal residence is a default under the terms of the plan.

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Creditor Collateral

Regular 

Contract 

Payment

Estimated 

Arrearage

Arrearage 

Interest 

Rate

Estimated 

Cure Period

Monthly 

Arrearage 

Payment

Mr. Cooper 

Rushmore 

 Residence 

 Residence 

$3,301.00 

$1,100.00 

-$0- 

-$0- 

0.0%

0.0%

 N/A N/A 

 N/A N/A 

 

B. Trustee to make contract payments and cure arrears, if any. The Trustee shall pay the 

creditors listed below the regular contract monthly payments that come due during the period of 

this Plan, and pre-petition arrearages on such debts shall be cured by the Trustee either pro rata 

with other secured claims or with monthly payments as set forth below.

Creditor Collateral

Regular 

Contract 

Payment

Estimated 

Arrearage

Interest 

Rate on 

Arrearage

Monthly Payment on 

Arrearage & Est. 

Term

-NONEC. Restructured Mortgage Loans to be paid fully during term of Plan. Any mortgage loan 

against real estate constituting the debtor(s)’ principal residence upon which the last scheduled 

contract payment is due before the final payment under the Plan is due shall be paid by the 

Trustee during the term of the Plan as permitted by 11 U.S.C. § 1322(c)(2) with interest at the 

rate specified below as follows:

Creditor Collateral

Interest 

Rate

Estimated 

Claim

Monthly 

Payment & Term

-NONE- 

 

7. Unexpired Leases and Executory Contracts. The debtor(s) move for assumption or rejection of 

 the executory contracts, leases and/or timeshare agreements listed below. 

A. Executory contracts and unexpired leases to be rejected. The debtor(s) reject the following 

executory contracts: 

Creditor Type of Contract

-NONEB. Executory contracts and unexpired leases to be assumed. The debtor(s) assume the 

following executory contracts. The debtor(s) agree to abide by all terms of the agreement. The 

Trustee will pay the pre-petition arrearages, if any, through payments made pro rata with other 

priority claims or on a fixed monthly basis as indicated below. 

Creditor Type of Contract Arrearage

Monthly 

Payment for 

Arrears

Estimated 

Cure Period

-NONE8. Liens Which Debtor(s) Seek to Avoid. 

A. The debtor(s) move to avoid liens pursuant to 11 U.S.C. § 522(f). The debtor(s) move to 

avoid the following judicial liens and non-possessory, non-purchase money liens that impair the 

debtor(s)’ exemptions. Unless a written objection is timely filed with the Court, the Court 

may grant the debtor(s)’ motion and cancel the creditor’s lien. If an objection is filed, the 

Court will hear evidence and rule on the motion at the confirmation hearing.

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Creditor Collateral Exemption Basis Exemption Amount Value of Collateral

-NONEB. Avoidance of security interests or liens on grounds other than 11 U.S.C. § 522(f). The 

debtor(s) have filed or will file and serve separate adversary proceedings to avoid the following 

liens or security interests. The creditor should review the notice or summons accompanying such 

pleadings as to the requirements for opposing such relief. The listing here is for information 

purposes only.

Creditor Type of Lien Description of Collateral Basis for Avoidance

-NONE9. Treatment and Payment of Claims. 

• All creditors must timely file a proof of claim to receive any payment from the Trustee. 

• If a claim is scheduled as unsecured and the creditor files a claim alleging the claim is secured but 

does not timely object to confirmation of the Plan, the creditor may be treated as unsecured for 

purposes of distribution under the Plan. This paragraph does not limit the right of the creditor to 

enforce its lien, to the extent not avoided or provided for in this case, after the debtor(s) receive a 

discharge. 

• If a claim is listed in the Plan as secured and the creditor files a proof of Claim alleging the claim is 

unsecured, the creditor will be treated as unsecured for purposes of distribution under the Plan. 

• The Trustee may adjust the monthly disbursement amount as needed to pay an allowed secured 

claim in full.

• If relief from the automatic stay is ordered as to any item of collateral listed in the plan, the, 

unless otherwise ordered by the court, all payments as to that collateral will cease, and all secured 

claims based on that collateral will no longer be treated by the plan.

• Unless otherwise ordered by the Court, the amount of the creditor’s total claim listed on the proof 

of claim controls over any contrary amounts listed in the plan.

10. Vesting of Property of the Estate. Property of the estate shall revest in the debtor(s) upon 

confirmation of the Plan. Nothwithstanding such vesting, the debtor(s) may not transfer, sell, 

refinance, encumber real property or enter into a mortgage loan modification without approval of the 

Court after notice to the Trustee, any creditor who has filed a request for notice and other creditors to 

the extent required by the Local Rules of this Court.

11. Incurrence of indebtedness. The debtor(s) shall not voluntarily incur additional indebtedness 

exceeding the cumulative total of $5,000 principal amount during the term of this Plan, whether 

unsecured or secured, except upon approval of the Court after notice to the Trustee, any creditor who 

has filed a request for notice, and other creditors to the extent required by the Local Rules of this 

Court. 

12. Nonstandard Plan Provisions 

■ None. If “None” is checked, the rest of Part 12 need not be completed or 

reproduced. 

Dated: August 7, 2020 

 /s/ Keith Alan Bryan /s/ Ronald J. Aiani 

Debtor 1 (Required) Debtor(s)’ Attorney 

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 /s/ Dorri Allyson Bryan 

Debtor 2 (Required) 

By filing this document, the Attorney for Debtor(s) or Debtor(s) themselves, if not represented by an attorney, 

also certify(ies) that the wording and order of the provisions in this Chapter 13 plan are identical to those 

contained in the Local Form Plan, other than any nonstandard provisions included in Part 12. 

Exhibits: Copy of Debtor(s)’ Budget (Schedules I and J); Matrix of Parties Served with Plan

Certificate of Service 

 I certify that on August 7, 2020, I mailed a copy of the foregoing to the creditors and parties in 

interest on the attached Service List. 

 /s/ Ronald J. Aiani 

 Signature 

 RONALD J. AIANI, P.C. 

 86 East Lee St. 

 Address 

 Warrenton, VA 20186 

 (540) 347-5295 

 Telephone No. 

CERTIFICATE OF SERVICE PURSUANT TO RULE 7004 

I hereby certify that on _N/A___ true copies of the forgoing Chapter 13 Plan and Related Motions were served 

upon the following creditor(s): 

() by first class mail in conformity with the requirements of Rule 7004(b), Fed.R.Bankr.P.; or 

( ) by certified mail in conformity with the requirements of Rule 7004(h), Fed.R.Bankr.P. 

 

 Signature of attorney for debtor(s) 

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