UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Richmond Division

)

In re: Theodore M. Dixon and )

Brenda W. Dixon ) Case No: 17-30462

) Chapter 13

)

Debtors. )

___________________________________ )

MOTION TO APPROVE PROPOSED LOAN MODIFICATION AGREEMENT 

ON 11005 SPRING MEADOW BLVD, FREDERICKSBURG, VA 22407

Theodore M. Dixon and Brenda W. Dixon, the debtors, in the above-captioned case (the 

“Debtors”), by counsel, move this Court to approve a loan modification agreement (“Loan 

Modification”) with Ditech Financial, LLC. (“Ditech”) pursuant to Local Bankruptcy Rule 6004-

4. In support thereof, the Debtors state:

Jurisdiction and Venue

1. This Court has jurisdiction over this Motion pursuant to 28 U.S.C. § 157 and 1334. 

2. Venue lies properly in this Court pursuant to 28 U.S.C. §§ 1408 and 1409. This matter is 

a core proceeding pursuant to 28 U.S.C. § 157. 

3. The relief sought with this Motion is premised on section 363 of the Bankruptcy Code.

Background

4. The Debtor filed a petition for relief pursuant to chapter 13 of the Bankruptcy Code on 

January 30, 2017 [doc. 1].

5. On the date of the filing to the present, the Debtor owns the property at 11005 Spring 

Meadow Blvd, Fredericksburg, VA 22407 (the “Property”). Described as:

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6. The First Deed of Trust was held by Country Wide Bank, FSB and was recorded in the 

Spotsylvania County Land Records office on or about October 2, 2007 at instrument 

number 20070027907, in which the Debtors conveyed the Deed of Trust to Samuel I. 

White, PC, Trustee (“Samuel I. White”) (attached as Exhibit A). 

7. The First Deed of Trust is subject to a Corporate Assignment of Deed of Trust, recorded 

in the Spotsylvania County land records on or about May 12, 2015 at instrument number 

150007413.002 (attached as Exhibit B), in which Country Wide Bank, FSB. grants, 

assigns and transfers the First Deed of Trust to Green Tree Servicing, LLC (“Green 

Tree”). 

8. On August 31, 2015, Green Tree merged with Ditech Mortgage Corporation (“Ditech”). 

9. A principal balance on the Property of $301,573.78 is owed to Ditech as of April 18, 

2017.

10. A Chapter 13 Plan and Related Motions (the “Plan”) was filed on April 16, 2017 [doc. 

15], and the Plan was confirmed on August 23, 2017 [doc 25].

11. The Loan Modification Agreement (attached as Exhibit C) is dated December 26, 2017.

12. The Summary of the Proposed Loan Modification is attached as Exhibit D.

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Basis for Relief

13. The Confirmation Order vests the Property in the debtors. 11 U.S.C. § 1327.

14. The Debtors are permitted full rights of the Property, subject to the Confirmation Order, 

which notes that the “Debtors shall not encumber, refinance, sell or otherwise convey real 

estate without first obtaining an order of approval from this Court.”

15. Local Bankruptcy Rule 6004-4 outlines the procedures for the Debtor to request a 

mortgage loan modification after confirmation of a chapter 13 plan.

Relief Requested

16. The Loan Modification is in the best interest of the Debtors’ creditors and the 

reorganization of the Debtors’ financial affairs and estate.

Theodore M. Dixon

Brenda W. Dixon

BY COUNSEL

/s/ Martin C. Conway

Martin C. Conway (VSB No. 34334)

The Martin Conway Law Firm, PC

12934 Harbor Dr, Suite 107

Woodbridge, VA 22192

855-848-3011

571-285-3334 (facsimile)

martin@conwaylegal.com

Counsel for Debtors

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing was sent via electronic mail and/or first class mail, 

postage prepaid and filed electronically via CM/ECF on February 14, 2018 to all parties listed on the 

mailing matrix in this matter and the following parties:

Theodore and Brenda Dixon

11005 Spring Meadow Blvd

Fredericksburg, VA 22407

Debtors

Carl M. Bates

PO Box 1819

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Richmond, VA 23218

Chapter 13 Trustee /s/ Martin C. Conway

Martin C. Conway

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