Trevor B. Reid (VSB #77233)

treid@parkerpollard.com

Stephen E. Scarce (VSB #42395)

Meredith L. Yoder (VSB #48951)

PARKER, POLLARD, WILTON & PEADEN, P.C.

6802 Paragon Place, Suite 300

Richmond, Virginia 23230-1655

(804) 262-3600 – telephone

(804) 262-3284 – facsimile

 Counsel for Henry M. Dowdy, Jr.,

 and Roy E. Dowdy, Sr., Executors 00438711.1

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Richmond Division

In re:

REBECCA J. TINSLEY,

Debtor.

Case No. 16-32945-KRH

Chapter 13

NOTICE OF OBJECTION TO CONFIRMATION OF PLAN

Henry M. Dowdy, Jr., and Roy E. Dowdy, Sr., Executors of the Estate of Henry M. 

Dowdy, Sr., deceased, have filed papers with the Court objecting to the confirmation of the 

above-named debtor’s Chapter 13 Plan dated June 13, 2016.

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 want the court to grant the relief sought in the objection, or if you want the 

court to consider your views on the objection, then you or your attorney must attend the hearing 

scheduled to be held on August 17, 2016, at 11:10 a.m., in Judge Huennekens’ Courtroom, 

Room 5000, United States Bankruptcy Court, 701 East Broad Street, Richmond, Virginia 23219.

Case 16-32945-KRH Doc 10 Filed 08/09/16 Entered 08/09/16 17:36:03 Desc Main

 Document Page 1 of 6
00438711.1

If you or your attorney do not take these steps, the court may decide that you do not 

oppose the relief sought in objection and may enter an order granting that relief.

This 9

th day of August, 2016.

HENRY M. DOWDY, JR., and

ROY E. DOWDY, SR., Executors of the

Estate of Henry M. Dowdy, Sr., deceased

By: /s/ Trevor B. Reid

 Counsel

Trevor B. Reid (VSB #77233)

treid@parkerpollard.com

Stephen E. Scarce (VSB #42395)

Meredith L. Yoder (VSB #48951)

PARKER, POLLARD, WILTON & PEADEN, P.C.

6802 Paragon Place, Suite 300

Richmond, Virginia 23230-1655

(804) 262-3600 – telephone

(804) 262-3284 – facsimile

 Counsel for Henry M. Dowdy, Jr.,

 and Roy E. Dowdy, Sr., Executors

Case 16-32945-KRH Doc 10 Filed 08/09/16 Entered 08/09/16 17:36:03 Desc Main

 Document Page 2 of 6
Trevor B. Reid (VSB #77233)

treid@parkerpollard.com

Stephen E. Scarce (VSB #42395)

Meredith L. Yoder (VSB #48951)

PARKER, POLLARD, WILTON & PEADEN, P.C.

6802 Paragon Place, Suite 300

Richmond, Virginia 23230-1655

(804) 262-3600 – telephone

(804) 262-3284 – facsimile

 Counsel for Henry M. Dowdy, Jr.,

 and Roy E. Dowdy, Sr., Executors 00438711.1

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Richmond Division

In re:

REBECCA J. TINSLEY,

Debtor.

Case No. 16-32945-KRH

Chapter 13

OBJECTION TO CONFIRMATION OF 

CHAPTER 13 PLAN DATED JUNE 13, 2016

COME NOW Henry M. Dowdy, Jr., and Roy E. Dowdy, Sr., Executors of the Estate of 

Henry M. Dowdy, Sr., deceased (collectively, the “Executors”), by counsel, and object to the 

confirmation of the Chapter 13 Plan dated June 13, 2016 (the “Plan”) [ECF 2], filed herein by 

debtor Rebecca J. Tinsley (“Debtor”). In support thereof, the Executors state as follows:

Parties and Jurisdiction

1. The Debtor filed her petition for relief under Chapter 13 of the Bankruptcy Code

(the “Petition”) [ECF 1] on June 13, 2016.

2. The Executors are interested in this matter as a secured creditor, as more 

particularly set forth below.

Case 16-32945-KRH Doc 10 Filed 08/09/16 Entered 08/09/16 17:36:03 Desc Main

 Document Page 3 of 6
00438711.1

3. This is a core proceeding and a contested matter over which this Court has 

jurisdiction pursuant to 28 U.S.C. §§ 157, 1334, and Fed. R. Bankr. P. 3015, 9014.

Factual Background

A. The Loan and Deed of Trust

4. Between July 1, 2008, and July 1, 2011 Henry M. Dowdy, Sr. (“Mr. Dowdy”), 

made various loans to the Debtor and her husband, John Tinsley (“Mr. Tinsley”), in the 

aggregate amount of $211,000.00 (collectively, and as more particularly described in the Deed of 

Trust described below, the “Loan”).

5. As security for the Loan, the Debtor and Mr. Tinsley executed a deed of trust 

dated July 1, 2011 (the “Deed of Trust”), encumbering a parcel of real property situated in New 

Kent County, Virginia, containing approximately 3.84 acres, briefly described as Tax Map No. 

20-56, with improvements thereon commonly known as 3653 Poverty Hill Road (the 

“Property”). The Deed of Trust was duly recorded in the Clerk’s Office of the Circuit Court of 

New Kent County, Virginia, on December 20, 2011, in Deed Book 600, page 22. A true and 

accurate copy of the Deed of Trust is attached hereto as Exhibit “A”.

6. The Loan was in default at the time the Petition was filed. The Debtor proposes 

to cure some $75,600.00 in arrearages in the Plan, while making future mortgage payments 

outside the Plan. Plan § 5.

B. The Executors

7. Mr. Dowdy died on April 25, 2014.

8. On May 30, 2014, Henry M. Dowdy, Jr., and Roy E. Dowdy, Sr., qualified as 

executors of Mr. Dowdy’s estate.

Case 16-32945-KRH Doc 10 Filed 08/09/16 Entered 08/09/16 17:36:03 Desc Main

 Document Page 4 of 6
00438711.1

9. The Executors are the current holder of the obligations secured by the Deed of 

Trust.

Grounds for Relief

10. The Deed of Trust provides for regular monthly payments in the amount of 

$1,600.00, due on the 15th of each month. Although the Plan calls for the Debtor to make regular 

monthly payments outside the Plan, the Debtor has made no payments since the petition date. As 

of August 15, the outstanding arrearages will have increased by $4,800.00 (representing the 

delinquent payments for June, July and August).

11. The mere fact that the Debtor is currently failing to make regular payments, 

compounding the already substantial arrearages, is itself evidence of a lack of good faith in 

proposing the Plan.

12. Moreover, the Plan is not feasible; as matters now stand, it is evidently 

underfunded. The Debtor proposes to pay a total of $89,700.00 into the plan. After expenses of 

administration, this amount is barely sufficient to pay the arrearages on the Loan (which by 

August 15 will have reached at least $80,400.00) and the professional fees listed under Section 2 

of the Plan ($5,100.00)—leaving no possibility of paying the 100% dividend to unsecured 

creditors proposed under Section 4.

13. Based upon the foregoing, the plan is not feasible and is not proposed in good 

faith, and confirmation should therefore be denied pursuant to 11 U.S.C. §§ 1325(a)(3) and 

(a)(6).

WHEREFORE, Henry M. Dowdy, Jr., and Roy E. Dowdy, Sr., Executors of the Estate of 

Henry M. Dowdy, Sr., deceased, pray that this Court enter an order (A) declining to confirm the 

Case 16-32945-KRH Doc 10 Filed 08/09/16 Entered 08/09/16 17:36:03 Desc Main

 Document Page 5 of 6
00438711.1

Debtor’s Chapter 13 Plan dated June 13, 2016, and (B) granting the Executors such other and 

further relief as the Court may deem appropriate.

This 9

th day of August, 2016.

HENRY M. DOWDY, JR., and

ROY E. DOWDY, SR., Executors of the

Estate of Henry M. Dowdy, Sr., deceased

By: /s/ Trevor B. Reid

 Counsel

Trevor B. Reid (VSB #77233)

treid@parkerpollard.com

Stephen E. Scarce (VSB #42395)

Meredith L. Yoder (VSB #48951)

PARKER, POLLARD, WILTON & PEADEN, P.C.

6802 Paragon Place, Suite 300

Richmond, Virginia 23230-1655

(804) 262-3600 – telephone

(804) 262-3284 – facsimile

 Counsel for Henry M. Dowdy, Jr.,

 and Roy E. Dowdy, Sr., Executors

CERTIFICATE

I hereby certify that I caused a true and accurate copy of the foregoing to be served on the 

following persons via first-class U.S. mail, postage prepaid, and/or via CM/ECF, this 9

th day of 

August, 2016:

Aubrey F. Hammond, Jr., Esq. Rebecca J. Tinsley

16 North Eighth Street, First Floor 3653 Poverty Hall Road

Richmond, Virginia 23219 Quinton, Virginia 23141

aubreyhammond@netscape.net Debtor

 Counsel for the Debtor

Carl M. Bates, Esq.

P.O. Box 1819

Richmond, Virginia 23218

station01@richchap13.com

 Chapter 13 Trustee

 /s/ Trevor B. Reid 

Case 16-32945-KRH Doc 10 Filed 08/09/16 Entered 08/09/16 17:36:03 Desc Main

 Document Page 6 of 6