WOODS ROGERS PLC

ATTORNEYS AT LAW

WOODS ROGERS PLC

ATTORNEYS AT LAW

{2557069-1, 107217-01150-01}

IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

RICHMOND DIVISION 

IN RE: ) 

) Chapter 13 

CURTIS EARL STRICKLAND ) 

) Case No. 19-32013-KLP 

JOAN THEROSA STRICKLAND ) 

) 

Debtors. ) 

OBJECTION TO CONFIRMATION OF PLAN 

AND VALUATION OF COLLATERAL 

Vanderbilt Mortgage and Finance, Inc., (“Vanderbilt”), by counsel, objects to 

confirmation of the Debtors' Chapter 13 Plan and for its grounds states as follows: 

1. On July 11, 2014, the Debtors entered into a Consumer Loan Note, Security Agreement 

and Disclosure Statement, for which Vanderbilt is the lender, for the purchase of a 2014 

Clayton Mobile Home, Manufacturer's Serial Number OHC023635NC (the “Mobile 

Home”). Vanderbilt has a lien on the Mobile Home. 

2. Debtors are currently indebted to Vanderbilt in the sum of $60,503.13 plus accruing 

interest and attorney’s fees. 

3. The current Plan proposes to pay Vanderbilt the crammed down value of $22,500.00 on 

the Mobile Home through the Trustee over 60 months with interest at 6.25 %. 

4. Vanderbilt objects to an interest rate of 6.25% after confirmation and states that the 

Debtors should be assigned the highest interest rate due to their past failure to make plan 

payments. 

5. Vanderbilt objects to the value of the Mobile Home proposed in the current Plan and 

states that the NADA value of the Mobile Home is $34,061.88. 

Case 19-32013-KLP Doc 11 Filed 06/17/19 Entered 06/17/19 12:46:26 Desc Main

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WOODS ROGERS PLC

ATTORNEYS AT LAW

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ATTORNEYS AT LAW

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6. The value, as of the effective date of the current Plan, of property to be distributed under 

the current Plan to Vanderbilt on account of its claim is less than the allowed amount of 

its claim. 

7. The value of property to be distributed to Vanderbilt under the Debtor’s current Plan is 

less than what Vanderbilt would receive under Chapter 7. 

8. The Debtors were previously debtors in Case No. 17-31567 (the “Prior Case”). In the 

Prior Case, a Chapter 13 Plan was confirmed on November 24, 2017 (the “Prior Plan”). 

Under the Prior Plan, the Debtors stated that the replacement value of the Mobile Home 

was $34,998.24. 

9. The Prior Case was dismissed February 1, 2019 due to the Debtors’ failure to timely 

make payments required under the Prior Plan. 

10. On April 1, 2019 and subsequent to the dismissal of the Prior Case, Vanderbilt filed a 

Complaint in State Court to gain possession of the Mobile Home. 

11. The current case was commenced on April 15, 2019. 

12. The current Plan is not feasible and has not been proposed in good faith. 

WHEREFORE, Vanderbilt Mortgage and Finance, Inc. requests that the Court deny 

confirmation of the Debtors’ Chapter 13 Plan as filed. 

VANDERBILT MORTGAGE AND 

FINANCE, INC. 

By: /s/ Richard C. Maxwell 

Of Counsel 

Case 19-32013-KLP Doc 11 Filed 06/17/19 Entered 06/17/19 12:46:26 Desc Main

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WOODS ROGERS PLC

ATTORNEYS AT LAW

WOODS ROGERS PLC

ATTORNEYS AT LAW

{2557069-1, 107217-01150-01} 3 

Richard C. Maxwell, Esq. (VSB# 23554) 

WOODS ROGERS PLC 

P.O. Box 14125 

Roanoke, VA 24038-4125 

Telephone: 540-983-7600 

Facsimile: 540-983-7711 

Email: rmaxwell@woodsrogers.com 

 Counsel for Vanderbilt Mortgage and Finance, Inc. 

CERTIFICATE OF SERVICE 

I hereby certify that on the 17th day of June, 2019, the foregoing was filed electronically 

with the U.S. Bankruptcy Court, was served electronically on those parties who are CM/ECF 

participants, and was served by U.S. Postal Service on those parties who are non-CM/ECF 

participants. The foregoing was served on: 

Curtis Earl Strickland 

436 Turks Ferry Road 

Saluda, VA 23149 

Joan Therosa Strickland 

436 Turks Ferry Road 

Saluda, VA 23149 

Nathaniel J. Webb, III, Esq. 

780-C Thimble Shoals Boulevard 

Newport News, VA 23606-4547 

Petersburg, VA 23804 

Suzanne E. Wade, Trustee 

P. O. Box 1780 

Richmond, VA 23218-1780 

 /s/ Richard C. Maxwell 

Case 19-32013-KLP Doc 11 Filed 06/17/19 Entered 06/17/19 12:46:26 Desc Main

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