Elizabeth L. Gunn, VSB No. 71044

Assistant Attorney General

Dept. of Social Services, Division of Child Support Enforcement

2001 Maywill Street, Suite 200

Richmond, VA 23230

804-367-8270

elizabeth.gunn@dss.virginia.gov

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Richmond Division

In re: DANIEL L. ARCHER, JR. Case No. 16-31783-KLP

3081 Logandale Avenue Chapter 13

Richmond, VA 23224

xxx-xx-7262

Debtor.

OBJECTION TO MOTION TO AUTHORIZE 

CONFIRMATION OF CHAPTER 13 PLAN

COMES NOW the Commonwealth of Virginia, Department of Social Services, Division 

of Child Support Enforcement (the “Division”), by counsel, and hereby objects to the Motion to 

Authorize Confirmation of Chapter 13 Plan (the “Motion”) by the debtor in the above-captioned 

case (the “Debtor”), and in support thereof respectfully states as follows:

1. On April 10, 2016 (the “Petition Date”), the Debtor filed a voluntary petition for 

relief under chapter 13 of the Bankruptcy Code.

2. On April 24, 2016, the Debtor filed his proposed chapter 13 plan (the “Plan”).

3. On June 14, 2016, the Division filed an objection to confirmation of the Plan due 

to the Debtor’s default in post-petition domestic support obligations (the “Objection”). A 

hearing on the Objection was originally scheduled for June 22, 2016 and continued by agreement 

to July 7, 2016.

4. At the hearing held July 7, 2016, the Court sustained the Objection and the clerk 

entered the Court’s standard Order Denying Confirmation of Plan and Directing Clerk to 

Dismiss Case if conditions of LBR 3015-2 are not met (Docket No. 21) (the “Order Sustaining 

Objection”). 

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5. On July 27, 2016, the Debtor filed his Certification re: Compliance with 

Requirements of 11 U.S.C. Section 1325 and Requesting Confirmation of Plan (Docket No. 23).

6. On July 29, 2016, the Debtor filed the Motion.

B. Argument

7. Local Bankruptcy Rule 3015-2 directs the clerk to “issue an order dismissing a 

chapter 13 case unless, within 21 days after denial of confirmation:

(a) The debtor files a new Modified Chapter 13 Plan and Related Motions;

(b) The debtor converts or moves to convert the case to another chapter of the 

Bankruptcy Code;

(c) The debtor files a motion for reconsideration or appeals the denial of 

confirmation; or

(d) The Court otherwise orders.”

LBR 3015-2(H)(3). As of the date hereof, the Debtor has not met any of the requirements in 

LBR 3015-2(H)(3).

8. The filing of the Objection by the Division created a contested matter, governed 

by Federal Rule of Bankruptcy Procedure 9014. Absent language to the contrary, entry of an 

order upon an underlying motion resolves and terminates that motion on the court’s docket. In 

this case, the Order Sustaining Objection was a substantive ruling upon the confirmation of the 

Plan as proposed by the Debtor. LBR proscribes the options the Debtor has as a result of the 

Division’s objection being sustained. Seeking to request confirmation of a Plan that has 

previously been denied confirmation as the Motion requests is not an option, nor procedurally 

appropriate.

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9. Pursuant to Federal Rule of Bankruptcy Procedure 9023, the deadline to file a 

motion to alter or amend a judgment is 14 days after entry of the judgment. The Order 

Sustaining Objection was entered on July 7, providing a deadline for the Debtor to file motion to 

alter or amend of July 21, 2016. Similarly, the deadline to file an appeal of the Order was 14 

days after entry of the order. See Federal Rule of Bankruptcy Procedure 8002(a)(1).

10. The Division acknowledges that it received a payment from the Debtor on or 

about July 28, 2016 in the amount of $783.00. The Debtor’s monthly support obligation is 

$261.00, due the first day of each month. As stated in the Objection, the Debtor would owe for 

all post-petition support obligations beginning in May 2016. The July 28, 2016 payment 

satisfied the Debtor’s obligations for May through July 2016. As of the date hereof, the Debtor 

has not made his August 2016 payment.

11. Any modified plan filed by the Debtor would provide the Division with the 

opportunity to again review the Debtor’s post-petition payment status and to raise the issue of 

post-petition default at any confirmation hearing(s) set thereon.

12. The Division concedes that if the Plan were properly before the Court, it would 

likely be ready for confirmation. However, the Debtor’s Motion is attempting to create an endrun around the procedural requirements of the court, the effect of the Order Sustaining Objection, 

and the required notice periods. Simply stated, it is procedurally improper and the Division 

objects to the relief sought.

WHEREFORE, for the reasons stated herein, the Commonwealth of Virginia, 

Department of Social Services, Division of Child Support Enforcement, respectfully requests 

that the Court deny the Debtor’s Motion to Authorize Confirmation of Chapter 13 Plan and grant 

the Division such other and further as it deems just and proper.

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Dated: August 10, 2016 COMMONWEALTH OF VIRGINIA,

DEPARTMENT OF SOCIAL SERVICES,

DIVISION OF CHILD SUPPORT ENFORCEMENT

/s/ Elizabeth L. Gunn

Elizabeth L. Gunn, VSB No. 71044

Assistant Attorney General

Dept. of Social Services

Division of Child Support Enforcement

2001 Maywill Street, Suite 200

Richmond, VA 23230

804-367-8270

elizabeth.gunn@dss.virginia.gov

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Certificate of Service

I hereby certify that on the 10th day of August, 2016, I electronically filed the foregoing 

Objection to Confirmation of Chapter 13 Plan with the Clerk of Court using the CM/ECF 

system, which provides electronic notice of such filing to all parties that receive notice in this 

matter including the following:

Pia J. North, Esq.

Counsel for the Debtor

Carl M. Bates, Esq.

Chapter 13 Trustee

and mailed a copy of the foregoing by first class mail, postage prepaid, to the following nonCM/ECF participant:

Daniel L. Archer, Jr.

3081 Logandale Avenue

Richmond, VA 23224

/s/ Elizabeth L. Gunn

Assistant Attorney General

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