Brad Barna, Esq. VSB No. 88993 1

Chadwick, Washington, Moriarty, Elmore & Bunn, P.C.

3201 Jermantown Rd., Suite 600

Fairfax, VA 22030

Ph. (703) 352-1900 Fax. (703) 352-5293

bbarna@chadwickwashington.com

UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Alexandria Division

In re: )

)

CARL PINKERTON )

) Case No. 18-13649-BFK

) Chapter 13

 )

Debtor. )

_________________________________________ )

OBJECTION TO CONFIRMATION OF PLAN, 

NOTICE OF OBJECTION TO CONFIRMATION OF PLAN, AND

NOTICE OF SCHEDULED HEARING ON THIS MOTION

COMES NOW, the Lakeside Homeowners Association, (the “Association”), a secured creditor, by 

counsel, and files this Objection to Confirmation of the Debtors’ proposed Chapter 13 Plan filed on 

January 31, 2019, as a result of Debtor’s failure in the proposed Plan to adequately recognize the prepetition debt owed to the Association, and states as follows:

1. The Debtor filed a petition in this court under Chapter 13 of Title 11, United States Code (the 

Bankruptcy Code) on October 27, 2018.

2. The Association’s Proof of Claim was timely filed on January 2, 2019 (Claim #7), showing a total 

claim amount of $27,223.58, of which $24,326.22 is secured by liens against 14088 Madrigal 

Drive, Woodbridge, VA 22193 (the “Collateral”), copies of which were attached to the Proof of 

Claim.

3. Section 4A of Debtor’s proposed Chapter 13 Plan lists the Association’s secured claim as 

$22,326.22 and indicates that the Collateral has a replacement value of $200,574.00

4. However, Section 4D of Debtor’s proposed Chapter 13 Plan lists the Association’s secured claim 

Case 18-13649-BFK Doc 43 Filed 02/28/19 Entered 02/28/19 18:24:26 Desc Main

 Document Page 1 of 5
Brad Barna, Esq. VSB No. 88993 2

Chadwick, Washington, Moriarty, Elmore & Bunn, P.C.

3201 Jermantown Rd., Suite 600

Fairfax, VA 22030

Ph. (703) 352-1900 Fax. (703) 352-5293

bbarna@chadwickwashington.com

as only $13,246.20 without adequate basis for such treatment.

5. Upon information and belief, the Collateral is the Debtor’s principle residence and therefore 11 

U.S.C. § 1322(b)(2) forbids modification of the Association’s rights. 

6. Furthermore, to the extent that the Association’s secured claim could be modified by the Debtor’s 

proposed Plan, Debtor’s schedules filed on November 14, 2018 indicate that Debtor estimates the 

value of the collateral to be $328,073.00 while his plan indicates claims secured by the Collateral 

only in the amount of $207,121.43, indicating that there is significant equity in the Collateral.

7. Debtor’s co-owner of the Collateral is a co-debtor for all amounts included in the Association’s 

Proof of Claim.

8. It would be inequitable to allow the Debtor to force the Association to accept less than the full 

amount of its secured claim while there remains significant equity in the Collateral to which it 

would otherwise be entitled.

9. This Plan’s failure to fully cure the pre-petition arrearage owed to the Association which is secured 

by the Collateral demonstrates that the Plan is not feasible and therefore in violation of 11 U.S.C. § 

1325(a)(5).

WHEREFORE, the Association prays that its Objection be sustained, and that confirmation of the 

Debtor’s proposed Chapter 13 Plan be denied, and for such other and further relief as this Court deems 

proper and just. 

Respectfully submitted,

Lakeside Homeowners Association

By Counsel

 /s/ Brad M. Barna 

Brad M. Barna, VSB No. 88993

Chadwick, Washington, Moriarty,

Case 18-13649-BFK Doc 43 Filed 02/28/19 Entered 02/28/19 18:24:26 Desc Main

 Document Page 2 of 5
Brad Barna, Esq. VSB No. 88993 3

Chadwick, Washington, Moriarty, Elmore & Bunn, P.C.

3201 Jermantown Rd., Suite 600

Fairfax, VA 22030

Ph. (703) 352-1900 Fax. (703) 352-5293

bbarna@chadwickwashington.com

 Elmore, & Bunn, P.C.

3201 Jermantown Road, Suite 600

Fairfax, VA 222030

Ph. (703) 352-1900

Email: bbarna@chadwickwashington.com

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Objection to Confirmation of Chapter 13 Plan and Notice 

of Scheduled Hearing were sent this 28th day of February 2019, via electronic notice to the following:

Thomas P. Gorman

300 N. Washington Street, Ste. 400

Alexandria, VA 22314

Chapter 13 Trustee

Martin C. Conway

12934 Harbor Drive, Suite 107

Woodbridge, VA 22192

Counsel for Debtor

 /s/ Brad M. Barna

Brad M. Barna

Case 18-13649-BFK Doc 43 Filed 02/28/19 Entered 02/28/19 18:24:26 Desc Main

 Document Page 3 of 5
Brad Barna, Esq. VSB No. 88993 4

Chadwick, Washington, Moriarty, Elmore & Bunn, P.C.

3201 Jermantown Rd., Suite 600

Fairfax, VA 22030

Ph. (703) 352-1900 Fax. (703) 352-5293

bbarna@chadwickwashington.com

NOTICE OF OBJECTION TO PLAN, NOTICE OF SCHEDULED HEARING

Creditor, Lakeside Homeowners Association, has filed this Objection to Confirmation of the 

proposed Chapter 13 Plan filed in case 18-13649-BFK on January 31, 2019.

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 motion, or if you want the court to 

consider your views on the objection, then on or prior to the hearing date, you or your attorney must:

File with the court, at the address shown below, 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 also mail a copy 

to the persons listed below. 

Attend the hearing scheduled to be held on March 7, 2019 at 1:30 p.m. at the United States

Bankruptcy Court, 200 South Washington Street, Courtroom I, 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:

Lakeside Homeowners Association

c/o Chadwick, Washington, Moriarty, Elmore & Bunn, P. C.

3201 Jermantown Road, Suite 600 

Fairfax, VA 22030 

Clerk of the Court

United States Bankruptcy Court

200 South Washington Street

Alexandria, VA 22314

 Thomas P. Gorman, Chapter 13 Trustee

 300 N. Washington Street, Ste. 400

 Alexandria, VA 22314

If you or your attorney do not take these 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.

Case 18-13649-BFK Doc 43 Filed 02/28/19 Entered 02/28/19 18:24:26 Desc Main

 Document Page 4 of 5
Brad Barna, Esq. VSB No. 88993 5

Chadwick, Washington, Moriarty, Elmore & Bunn, P.C.

3201 Jermantown Rd., Suite 600

Fairfax, VA 22030

Ph. (703) 352-1900 Fax. (703) 352-5293

bbarna@chadwickwashington.com

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Notice of Objection to Confirmation of Chapter 13 Plan 

and Notice of Scheduled Hearing were sent this 28th day of February 2019, via electronic notice to the 

following:

Thomas P. Gorman

300 N. Washington Street, Ste. 400

Alexandria, VA 22314

Chapter 13 Trustee

Martin C. Conway

12934 Harbor Drive, Suite 107

Woodbridge, VA 22192

Counsel for Debtor

 /s/ Brad M. Barna

Brad M. Barna

Case 18-13649-BFK Doc 43 Filed 02/28/19 Entered 02/28/19 18:24:26 Desc Main

 Document Page 5 of 5