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 JULY 19, 2017 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 February 8, 2017 (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 (the “Property”) by virtue of the Note and accompanying 

Deed of Trust.

2. The pre-petition arrearages due to Secured Creditor are approximately $81,050.10.

The Plan fails to provide for the repayment of this arrearage or maintenance for ongoing payments

in violation of 11 U.S.C. § 1325. 

3. Debtor’s Plan is speculative with regard to the treatment of Secured Creditor and 

fails to identify the Property in the Plan in order to distinguish it from any other home.

4. Secured Creditor objects to the feasibility and ambiguity of the Plan, as the 

Debtor proposes to pay $600.00 per month for 160 months, which exceeds the sixty months 

allowed under 11 U.S.C. § 1322.

5. Debtor is proceeding pro se but proposes to pay Debtor’s attorney $126,000.00 

in the Plan, an amount which exceeds total plan funding of $96,000.00.

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 36 Filed 05/23/17 Entered 05/23/17 11:13:51 Desc Main

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6. Secured Creditor further objects any portion of the Plan which may be construed 

to propose a valuation for the Property.

7. The Plan fails to demonstrate that it passes the Chapter 7 liquidation test of 11 

U.S.C. § 1325(a)(4).

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 Chapter 13 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 May 23, 2017, the foregoing Objection was served via CM/ECF on Carl M. 

Bates, Trustee, at the email address registered with the Court, and that a true copy was mailed via 

first class mail, postage prepaid, to Colette NMN Mapp, Pro Se 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 36 Filed 05/23/17 Entered 05/23/17 11:13:51 Desc Main

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