UNITED STATES BANKRUPTCY COURT 

FOR THE 

EASTERN DISTRICT OF VIRGINIA 

Alexandria Division 

In the Matter of: 

 Chapter 13

JAMES CHRISTOPHER TARDIO

 Case No. 18-13365-BFK

 Debtor

OBJECTION TO CONFIRMATION OF PLAN, 

NOTICE OF OBJECTION TO CONFIRMATION OF PLAN 

AND 

NOTICE OF SCHEDULED HEARING ON THIS OBJECTION 

Thomas P. Gorman, Chapter 13 Trustee, has filed this objection to confirmation of 

your Chapter 13 Plan filed October 19, 2018. The cause for this objection is as 

follows: 

Violation of 11 U.S.C. §1325(a)(3) and 11 U.S.C. §1325(b)(1)(B) - Good 

Faith and Disposable Income. 

 Debtor lives with his fiance (and has for 10 years) who is a nurse at 

Mary Washington Hospital. No income or contribution is shown for 

her. 

 Further, Debtor lists her as a creditor with no address, so she may not 

have notice of the case. 

 Debtor proposes to retain a rental property that he testified at November 

6, 2018 Creditor's Meeting was "losing money", while paying only 11% 

to unsecured creditors. 

 Similarily, Debtor is proposing to retain and pay through Plan three 

vehicles and a boat on an 11% Plan. He testified he is the sole driver of 

all three vehicles. 

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

 Plan has not provided for secured claim of John Deere (Claim #6). 

Violation of 11 U.S.C. §521 - Failure of the Debtor to provide information 

necessary for the Trustee to make recommendation of confirmation of this 

Chapter 13 Plan. 

 Trustee requested a copy of the lease for the rental property, but to date 

has not received said document. 

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Notice of Objection To Confirmation 

James Christopher Tardio, Case # 18-13365-BFK 

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 December 20, 2018 at 1:30 p.m. in 

Courtroom #1 on the 2nd floor, United States Bankruptcy Court, 200 South 

Washington Street, Alexandria, Virginia 22314. 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 

 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: _November 27, 2018______ ___/s/ Thomas P. Gorman_____ 

 Thomas P. Gorman 

 Chapter 13 Trustee 

 300 N. Washington Street, #400 

 Alexandria, VA 22314 

 (703) 836-2226 

 VSB 26421 

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Notice of Objection To Confirmation 

James Christopher Tardio, Case # 18-13365-BFK 

CERTIFICATE OF SERVICE 

I hereby certify that I have this 27th day of November, 2018, served via ECF authorized 

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

Objection and Notice of Hearing to the following parties. 

James Christopher Tardio 

Chapter 13 Debtor 

6 Prescott Lane 

Fredericksburg, VA 22405 

Bryan L. Ragland 

Attorney for Debtor 

Ragland & Ragland, PLC 

4107 Plank Rd., Suite B 

Fredericksburg, VA 22407 

 __/s/ Thomas P. Gorman______ 

 Thomas P. Gorman

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