UNITED STATES BANKRUPTCY COURT 

FOR THE 

EASTERN DISTRICT OF VIRGINIA

Alexandria Division

In the Matter of:

Chapter 13

SAMSON TAREKE

AND

TIBLETS HABTEMICAEL

Case No. 20-11571-KHK

Debtors

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 September 24, 2020. The cause for this objection 

is as follows:

Violation of 11 U.S.C. §1325(a)(4) – Liquidation Test. 

• The net value of Debtors’ non-exempt assets (including bank accounts 

and tax refunds due) would generate more for unsecured creditors in 

Chapter 7 than Debtors are proposing to pay.

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

• Plan is underfunded as follows: 

PERFORMANCE: Amount of Plan Payment 420.00 282.00

Number of Months PTD 58

420.00 16,356.00

Total Receipts 16,776.00

Disbursements Required:

Attorney 4,934.00

Taxes-Other Priority 0.00

Secured 8,550.29

Unsecured 1,581.41 3% of 52,713.58

Other – Student Loan ( No Proof of Claim) 329.16 3% of 10,972.00

Trustee 1,539.49 10%

Total Disbursement 16,934.35

Case 20-11571-KHK Doc 29 Filed 10/09/20 Entered 10/09/20 13:46:56 Desc Main

Document Page 1 of 3
Notice of Objection To Confirmation

Samson Tareke and Tiblets Habtemicael, Case # 20-11571-KHK

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 October 29, 2020 at 1:30 p.m., in Courtroom 

III on the 3rd floor, United States Bankruptcy Court, 200 South Washington 

Street, Alexandria, VA 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. 

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Document Page 2 of 3
Notice of Objection To Confirmation

Samson Tareke and Tiblets Habtemicael, Case # 20-11571-KHK

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: _October 9, 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 9th day of October, 2020, served via ECF to authorized 

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

Objection and Notice of Hearing to the following parties.

Samson Tareke

Tiblets Habtemicael

Chapter 13 Debtors

1960 Heatherbrook Court

Woodbridge, VA 22192 

John C. Morgan, Jr., Esquire

Attorney for Debtor

New Day Legal, PLLC

98 Alexandria Pike, Ste. 10

Warrenton, VA 20186 

__/s/ Thomas P. Gorman______

Thomas P. Gorman

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