Brandon R. Jordan, Esquire

Counsel for Plaintiff

Samuel I White, P.C.

Bar No. 72170

1804 Staples Mill Road

Suite 200

Richmond, VA 23230

(804) 290-4290

File No. 18477

OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN

NOTICE

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 SUSTAIN THE OBJECTION SOUGHT HEREIN, OR IF YOU WANT THE COURT 

TO CONSIDER YOUR VIEWS ON THE OBJECTION, THEN YOU MUST ATTEND THE HEARING ON THIS MATTER, 

OTHERWISE, THE COURT MAY DEEM OPPOSITION WAIVED, TREAT THE OBJECTION AS CONCEDED, AND ISSUE 

AN ORDER SUSTAINING THE OBJECTION WITHOUT FURTHER NOTICE OR HEARING.

THE HEARING IS SCHEDULED TO BE HELD ON MARCH 14, 2018 AT 11:10 AM AT 

THE U.S. BANKRUPTCY COURT, 701 EAST BROAD STREET, RICHMOND, VA 

23219, IN COURTROOM NUMBER 5000.

COMES NOW, Bank of America, N.A. (“Secured Creditor”), by Counsel, and objects to the 

confirmation of the Chapter 13 Plan filed January 30, 2018 (the “Plan”) and in support thereof, 

represents unto the Court:

1. Secured Creditor has a claim against the property of the Debtor located at 2019 

Rosewood Avenue, Richmond, VA 23220 by virtue of the Note and accompanying Deed of Trust.

2. The Proof of Claim filed by this Secured Creditor establishes a total debt of 

$146,563.43 due as of February 8, 2017, with pre-petition arrears of $82,211.06. (See Claim 1.)

3. The Plan is underfunded in violation of 11 U.S.C. § 1325(a)(5), as the arrearage 

owed to this Secured Creditor is understated, with the Plan estimating the pre-petition arrears to be 

paid by the Trustee at only $70,000.00.

4. Total plan funding is proposed over twelve (12) months with the total amount to be 

paid into the Plan indicated to be only $2,400.00, considerably less than the approximate prepetition arrearage due to this Secured Creditor. In addition, per the Plan provisions, $2,000.00 of 

said total funding would go to Debtor’s attorney, leaving only $400.00 with which to pay out the 

estimated 100% of unsecured claims, which is not sufficient funding per the filed claims in this case. 

Therefore, the Plan is underfunded and Secured Creditor objects on this basis.

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA 

RICHMOND DIVISION

In re:

COLETTE NMN MAPP, CHAPTER 13

DEBTOR. CASE NO. 17-30630-KRH

Case 17-30630-KRH Doc 90 Filed 02/15/18 Entered 02/15/18 13:43:47 Desc Main

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5. Debtor’s Plan is ambiguous with regard to the treatment of Secured Creditor.

Debtor proposes to sell the subject Property with no details or timelines for such proposed sale, 

simply stating in the nonstandard provisions that, “2019 Rosewood Ave to be sold. Proceeds to 

be distributed to lien holders as proper, subject to court approval.”

6. To the extent Plan funding is contingent on a future sale, the Plan is speculative 

and not feasible under 11 U.S.C. § 1325(a)(6). As previously stated, Secured Creditor’s lien at 

filing totaled over $146,000.00, and Claim 4, filed by Debtor’s counsel as “creditor’s attorney or 

authorized agent” for Debtor’s sister, asserts a $90,000.00 second lien on the Property along with 

a valuation of $220,000.00. A sale under such terms would not pay both alleged liens in full. 

7. The Plan incorrectly understates the Regular Contract Payment as $426.26 and 

lacks adequate protection payments to Secured Creditor.

8. Any Chapter 13 Plan proposed by the Debtor must provide for and eliminate the 

objections specified above in order to be feasible and to provide adequate protection to this 

Secured Creditor. It is respectfully requested that this Court deny confirmation of the Plan. 

WHEREFORE, the undersigned requests as follows:

1. That confirmation of the proposed Plan be denied;

2. Debtor be required to modify the Plan to honor the terms and conditions of the 

Deed of Trust; and

3. For such other relief as this Court deems proper. 

Respectfully Submitted,

BANK OF AMERICA, N.A.

By: /s/ BRANDON R. JORDAN

Eric D. White, Esquire, Bar No. 21346

Michael T. Freeman, Esquire, Bar No. 65460

Brandon R. Jordan, Esquire, Bar No. 72170

Johnie R. Muncy, Esquire, Bar No. 73248

Nisha R. Patel, Esquire, Bar No. 83302

Samuel I. White, P.C.

1804 Staples Mill Road, Suite 200

Richmond, VA 23230

Tel.: (804) 290-4290

Fax: (804) 290-4298

bjordan@siwpc.com

CERTIFICATE OF SERVICE

I certify that on February 15, 2018, the foregoing Objection was served via CM/ECF on 

Carl M. Bates, Trustee, and Richard C. Devor, Jr., Counsel for Debtor, at the email addresses 

registered with the Court, and that a true copy was mailed via first class mail, postage prepaid, to 

Colette NMN Mapp, Debtor, P.O. Box 60535, Washington, DC 20011.

/s/ BRANDON R. JORDAN

Brandon R. Jordan, Esquire

Samuel I. White, P. C.

Case 17-30630-KRH Doc 90 Filed 02/15/18 Entered 02/15/18 13:43:47 Desc Main

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