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. 7902

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 AUGUST 14, 2019 AT 9:10 A.M. AT 

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

23219, IN COURTROOM NUMBER 5100.

COMES NOW, MATRIX FINANCIAL SERVICES CORPORATION (“Secured Creditor”), by 

Counsel, and objects to the confirmation of the Chapter 13 Plan (the “Plan”) and in support thereof, 

represents unto the Court:

1. Secured Creditor has a claim against the property of the Debtor located at 11742 

Bailey Woods Drive, Midlothian, VA 23112-3066 by virtue of the Note and accompanying Deed of 

Trust.

2. The Secured Creditor is in the process of filing a Proof of Claim in the instant case. 

Secured Creditor estimates that the pre-petition arrears due are approximately $32,668.91.

3. The Plan filed June 11, 2019 makes no payment provisions for this Secured 

Creditor as to any pre-petition arrears due to speculation of a loan modification.

4. Debtor’s Plan is speculative and not feasible under 11 U.S.C. § 1325(a)(5) as it 

relies on a future loan modification to cure outstanding arrears.

5. The Plan as filed attempts to violate the anti-modification provisions contained 

under U. S. C. § 1322. Debtor acknowledges that there are significant arrears and seeks to obtain a

loan modification to eliminate the existing arrearage by November 30, 2019. Should the loan

modification not be granted, Debtor proposes to then surrender the subject property to the Secured 

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

In re:

ROCHELLE B. ANDERSON, CHAPTER 13

DEBTOR. CASE NO. 19-32843-KLP

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Creditor. Per See White v. Logan (In re White), 487 F.3d 199 at 205 (4th Cir. 2007), surrender 

should be unequivocal and immediate at or before plan confirmation, not contingent and at a future 

date.

6. Pursuant to 11 U.S.C. § 1325, Debtor must meet the burden of proving the 

bankruptcy Plan and petition were filed in good faith. This case was presumptively not filed in good 

faith because an Order Terminating Stay was filed in Debtor’s last bankruptcy case on February 27, 

2019, and the current Plan is not a good faith attempt to repay mortgage arrears but rather a 

request for the lender to modify the loan to accommodate Debtor’s serious delinquency. Secured 

Creditor intends to oppose Debtor’s Motion to Extend Automatic Stay.

7. Secured Creditor objects due to the aforesaid deficiencies contained in the Plan.

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,

MATRIX FINANCIAL SERVICES CORPORATION

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

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 June 20, 2019, the foregoing Objection was served via CM/ECF on Carl M. 

Bates, Trustee, and Pia J. North, 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 Rochelle B. 

Anderson, Debtor, 11742 Bailey Woods Drive, Midlothian, VA 23112.

/s/ BRANDON R. JORDAN

Brandon R. Jordan, Esquire

Samuel I. White, P. C.

Case 19-32843-KLP Doc 15 Filed 06/20/19 Entered 06/20/19 15:48:34 Desc Main

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