UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

ALEXANDRIA DIVISION

IN RE: ) CHAPTER 13

)

PAMELA ROBERTSON ) CASE NO. 18-12963-KHK

)

Debtor. )

____________________________________ )

OBJECTION TO CONFIRMATION OF PLAN,

NOTICE OF OBJECTION TO CONFIRMATION OF PLAN

COMES NOW Partners for Payment Relief DE II, LLC ("Creditor"), a secured creditor 

in the above-captioned case and, by and through counsel, and objects to confirmation of the 

Debtor’s plan, and as grounds therefore states as follows: 

1. Creditor filed a “total debt” claim secured by a deed of trust on real property of the 

debtor’s estate at 8205 Crossbrook Court, Unit 201; Lorton, VA. 22079 (the 

“Property”), in the principal amount of $50,684.49, consisting of $25,227.30, 

principal, $24,162.15 interest, and $1295.04 fees and costs; Creditor asserts a prepetition arrearage of $28,527.36, comprised of $27,232.32 principal and interest, and 

$1295.04, fees and costs. Claim 2-1.

2. The debtor’s plan fails to provide for treatment of Creditor’s claim.

3. The plan as proposed will provide a total of $24,600 to be paid. It appears that the 

first priority lien upon the Property is in favor of Ocwen Loan Servicing, which has 

filed a proof of claim in the total of $132,346.56. The Debtor asserts she owes 

condominium fees to Gunston Corner Condominium Association in the sum of 

$14,407.79, which upon information and belief, would not have priority over 

Creditor’s consensual second priority Deed of trust. Debtor’s Schedule A/B shows the 

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value of the Property to be $222,088. Therefore, there appears to be adequate equity 

in the Property to require payment in full of Creditor’s claim over the course of the 

case.

4. The loan in favor of Creditor issecured by the Debtor’s principle residence, and therefore

Section 1322(b)(2) forbids modification of Creditor’srights. The Plan does not provide

to cure Creditor’s claim. Any failure to propose to treat Creditor’ claim isin violation of

Section 1322(b)(2) and (5).

WHEREFORE, Partners for Payment Relief DE II, LLC respectfully requeststhe Court as

follows:

a. That confirmation of the Chapter 13 Plan be denied; or in the alternative;

b. That the Debtor’s plan be amended to adequately provide for Creditor’s claim;

c. That Creditor be awarded reasonable attorney’sfees incurred in the filing of this

Objection; and

d. For such other and further relief asthe court deems proper.

Date: October 29, 2018

McMichael Taylor Gray, LLC

/s/ Angela N. Watson__

Angela N. Watson

Virginia Bar No. 72029

3550 Engineering Dr.

Suite 260

Peachtree Corners, GA. 30092

 awatson@mtglaw.com 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was provided via 

Regular U.S. Mail and/or Electronic Mail to the parties listed on the attached service list, this 

October 29, 2018.

SERVICE LIST

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Pamela Robertson

8205 Crossbrook Court, Unit 201

Lorton, VA 22079

Nathan A. Fisher

Fisher-Sandler, LLC

3977 Chain Bridge Road, #2

Fairfax, VA 22030

Thomas P. Gorman

Chapter 13 Trustee

300 N. Washington St., Ste. 400

Alexandria, VA 22314

McMichael Taylor Gray, LLC

/s/ Angela N Watson__

Angela N. Watson

Virginia Bar No. 72029

3550 Engineering Dr.

Suite 260

Peachtree Corners, GA. 30092

404-474-7149 

awatson@mtglaw.com 

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