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UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

CHAPTER 13 PLAN

AND RELATED MOTIONS

Name of Debtor(s): Jose Eduardo Azero Case No: 20-11542

This plan, dated October 8, 2020 , is:

 the first Chapter 13 plan filed in this case.

 a modified Plan, which replaces the

confirmed or  unconfirmed Plan dated Aug. 6, 2020 .

Date and Time of Modified Plan Confirmation Hearing:

 December 17, 2020 @ 1:30 p.m. 

Place of Modified Plan Confirmation Hearing:

 U.S. Bankruptcy Court 200 S. Washington Street, 3rd Fl.

Alexandria, VA 22314 

The Plan provisions modified by this filing are:

 #2, #3B, #6 

Creditors affected by this modification are:

 County of Fairfax

Merrick Bank

Jefferson Capital Systems, LLC

Atlas Acquisitions LLC

PNC Mortgage 

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.

(1) Richmond and Alexandria Divisions:

The Bankruptcy Court may confirm this plan without further notice if no objection to confirmation is filed.

(2) Norfolk and Newport News Divisions: a confirmation hearing will be held even if no objections have been filed.

(a) A scheduled confirmation hearing will not be convened when:

(1) an amended plan is filed prior to the scheduled confirmation hearing; or

(2) a consent resolution to an objection to confirmation anticipates the filing of an amended plan and the objecting

party removes the scheduled confirmation hearing prior to 3:00 pm on the last business day before the confirmation

hearing.

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.

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, nonpurchase-money

security interest, set out in Section 8.A

 Included  Not included

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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 $900.00 per month for 5 months, then $1,130.00 per

month for 55 months.

Other payments to the Trustee are as follows:

 The total amount to be paid into the Plan is $ 66,650.00 .

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

County of Fairfax Taxes and certain other debts 230.87 Prorata

1 months

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.

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 4(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

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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

-NONEC. 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 sections 4(D) and/or 7(B) of the Plan, as

follows:

Creditor Collateral Adeq. Protection Monthly Payment To Be Paid By

-NONEAny 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

-NONEE. 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 100 %. The dividend percentage may vary depending on actual claims filed. If this case were

liquidated under Chapter 7, the debtor(s) estimate that unsecured creditors would receive a dividend of

approximately 100 %.

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 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)

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

Creditor Collateral Regular

Contract 

Payment

Estimated 

Arrearage

Arrearage

Interest Rate

Estimated Cure

Period

Monthly

Arrearage

Payment

Clean-Side,Inc 13930 New

Braddock Road

Centreville, VA

20121 Fairfax

County

0.00 6,100.00 0% 52months Prorata

Coleman & Wood 13930 New

Braddock Road

Centreville, VA

20121 Fairfax

County

0.00 0.00 0% 0months

County of Fairfax 13930 New

Braddock Road

Centreville, VA

20121 Fairfax

County

0.00 0.00 0% 0months

Inova Healthcare Services 13930 New

Braddock Road

Centreville, VA

20121 Fairfax

County

0.00 1,503.00 0% 52months Prorata

Pnc Mortgage 13930 New

Braddock Road

Centreville, VA

20121 Fairfax

County

1,872.00 24,617.36 0% 52months Prorata

Singleton's Grove HOA 13930 New

Braddock Road

Centreville, VA

20121 Fairfax

County

120.00 17,595.97 0% 52months Prorata

West Capital Financial

Service

13930 New

Braddock Road

Centreville, VA

20121 Fairfax

County

0.00 1,990.00 0% 52months Prorata

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

-NONE7. 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

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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.

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, then, 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.

Notwithstanding 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.

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Under Bankruptcy Rule 3015(c), nonstandard provisions must be set forth below. A nonstandard provision is a

provision not otherwise included in the Official Form or deviating from it. Nonstandard provisions set out elsewhere

in this plan are ineffective.

The following plan provisions will be effective only if there is a check in the box “Included” in § 1.C.

The claims of Jefferson Capital Systems, LLC (Claim 1-1, Claim 2-1, Claim 4-1 and Claim 5-1) and Merrick Bank (Claim 3-1) are

not paid in the plan as they are disputed and Debtor will be filing Objections to the aforesaid proofs of claim.

Dated: October 8, 2020

/s/ Jose Eduardo Azero /s/ Januario G. Azarcon

Jose Eduardo Azero Januario G. Azarcon 22810

Debtor Debtor's Attorney

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 October 8, 2020 , I mailed a copy of the foregoing to the creditors and parties in interest on the attached Service

List.

/s/ Januario G. Azarcon

Januario G. Azarcon 22810

Signature

10605 B2 Judicial Drive

Fairfax, VA 22030

Address

(703) 893 0760

Telephone No.

CERTIFICATE OF SERVICE PURSUANT TO RULE 7004

I hereby certify that on October 8, 2020 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

/s/ Januario G. Azarcon

Januario G. Azarcon 22810

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