Attorney for Debtor

Pia J. North, Esq. #29672

North Law 

5913 Harbour Park Drive

Midlothian, VA 23112

Tel: (804) 739-3700 

Fax: 739-2550 

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Richmond Division

IN RE: Daniel L. Archer, Jr., Debtor Case#: 16-31783

Carl M. Bates, Trustee Chapter 13

MOTION TO AUTHORIZE 

CONFIRMATION OF CHAPTER 13 PLAN

Comes Now, Debtor, Daniel L. Archer, Jr., by Counsel, Pia J. North, Esq. pursuant to 11 

U.S.C. §1325(a)(8) and LBR 3015-2(H)(3)(d) and moves this Court for an Order to Confirm 

the Debtor’s Plan dated April 24, 2016. In support of this Motion, the Debtor states the 

following: 

1. The Debtor filed for relief under Chapter 13 on April 10, 2016. Carl M. Bates was appointed 

as the Chapter 13 Trustee. 

2. The Debtor filed plan dated April 24, 2016 on April 24, 2016. The Confirmation hearing on 

the Plan was set for June 22, 2016.

3. When the Debtor filed the Certification Requesting Confirmation he did not believe that he 

had a current child support obligation for Case# 2855681. That support obligation had been 

terminated approximately four years ago. Unbeknownst to the Debtor, at some point in time 

after the support obligation was terminated, the child’s custodian received state benefits for 

the care and maintenance of the child which caused the support order to be reinstated. 

4. The Commonwealth of Virginia Department of Social Services by their counsel Elizabeth L. 

Gunn filed an Objection to Confirmation on June 14, 2016, stating that the Debtor had 

accumulated a post-petition arrearage of $522 for support obligations that became due in May 

and June 2016.

5. Upon being advised of the existence of the post-petition arrearage, counsel for the Debtor 

withdrew the Certification Requesting Confirmation of Plan on June 16, 2016.

6. Counsel for the Debtor unsuccessfully attempted to contact the Debtor to advise him of the 

existence of the post-petition arrearage. Counsel for the Debtor was still unable to contract the 

Debtor at the continued hearing on the Objection to Confirmation scheduled for July 6, 2016.

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7. The Court entered an Order Denying Confirmation of Plan and Directing Clerk to Dismiss 

Case if conditions of LBR 3015-2 are not met relating to the plan filed by Daniel Archer on 

April 24, 2016. 

8. The Debtor first became aware that the obligation arising out of Case# 2855681 had been 

reinstated upon notification of the Order Denying Confirmation. The Debtor resolved the 

post-petition arrearage by making a payment of $783 to the Commonwealth of Virginia on 

July 26, 2016. The Debtor provided proof of the payment by sending a DCSE Confirmation#

20226877 to counsel after business hours on July 26, 2016. The payment of the arrears on the 

twenty-first day after entry of the Order satisfied the conditions of 3015-2 as they relate to 11 

U.S.C. §1325(a)(8). 11 U.S.C. §1325(a)(8): “the debtor has paid all amounts that are required 

to be paid under a domestic support obligation that first became payable after the date of the 

filing of the petition...”

9. Debtor’s counsel filed an accurate Certificate Requesting Confirmation on July 27, 2016. 

Debtor’s counsel provided the Commonwealth of Virginia’s counsel with confirmation.

10. Counsel for the Debtor requested that counsel for the Commonwealth of Virginia withdraw 

the Objection to Confirmation as the conditions of LBR 3015-2 have been met. Counsel for 

the Department of Social Services advised that she will not withdraw the Objection because 

she cannot confirm that the payment of $783 was credited to Case# 2855681. Counsel advised 

that it should take approximately one week to verify that the July 26, 2016 payment was 

made.

11. The only Objection to Confirmation to the Debtor’s plan dated April 24, 2016 arose out of the 

post-petition DCSE arrearage. As the conditions of 11 U.S.C. §1325 have now been met, the 

Debtor’s first plan is confirmable. 

12. Counsel for the Debtor suggests that the appropriate remedy to resolve this impasse is to allow 

Counsel for the Commonwealth of Virginia to have an opportunity to confirm that the postpetition arrearage had been paid and allow the Court to enter an Order confirming the April 

24, 2016 plan. This resolution incorporates the goals of judicial economy and certainty to 

allow for the expeditious confirmation of the Debtor’s first plan without the additional delay 

associated with requiring the Debtor to file the exact same plan that was previously filed. 

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WHEREFORE the Debtor requests that the Court confirm the plan dated April 24, 2016

Further the Debtor requests such other relief as the Court deems just and proper.

 

Respectfully submitted:

Daniel L. Archer, Jr.

By: /s/ Pia J. North

Counsel

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Attorney for Debtor

Pia J. North, Esq. #29672

North Law 

5913 Harbour Park Drive

Midlothian, VA 23112

Tel: (804) 739-3700 

Fax: 739-2550 

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Richmond Division 

IN RE: Daniel L. Archer, Jr., Debtor Case No. : 16-31783 

Carl M. Bates, Trustee Chapter 13 

Pia J. North, attorney for Daniel L. Archer, Jr.has filed a Motion to Authorize 

Confirmation of the Chapter 13 Plan with the court.

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 want the court to grant the relief sought in the motion, or if you want 

the court to consider your views on the motion, then on or before 14 days from July 29, 

2016, you or your attorney must:

X File with the court, at the address shown below, a written request for a hearing [or a 

written response pursuant to Local Bankruptcy Rule 9013-1(H)]. If you mail your 

request for hearing (or response) to the court for filing, you must mail it early enough so

the court will receive it on or before the date stated above.

Clerk of Court 

United States Bankruptcy Court 701 

E. Broad Street, Suite 4000 

Richmond, VA 23219-3515 

You must also mail a copy to: 

Attorney for Debtor

Pia J. North, Esq. #29672

North Law 

5913 Harbour Park Drive 

Midlothian, VA 23112

Chapter 13 Trustee

Carl M. Bates

P.O. Box 1819 

Richmond, VA 23218-1819 

X Attend the hearing on the motion scheduled to be held on August 17, 2016 at 10:00 

A.M.. at United Bankruptcy Court, 701 E. Broad Street, Suite 5100, Richmond, VA

23219-3515. 

If you or your attorney do not take these steps, the court may decide that you do not oppose the 

relief sought in the motion or objection and may enter an order granting that relief.

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Respectfully submitted:

Daniel L. Archer, Jr.

By: /s/ Pia J. North

Counsel

Certificate of Service

I hereby certify that I have on July 29, 2016, transmitted a true copy of the foregoing

Notice and Motion to Authorize Confirmation of the Chapter 13 Plan. electronically through

the Court’s CM/ECF:, Chapter 13 trustee, United States trustee and Elizabeth Gunn, Counsel 

for Department of Social Services, Division of Child Support Enforcement and the Debtor by

first class mail, postage pre-paid.

By: /s/ Pia J. North

Counsel

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Attorney for Debtor

Pia J. North, Esq. #29672

North Law 

8014 Midlothian Tpke; #202

Richmond, VA 23235

Tel: (804) 323-3700 

Fax: 323-9200 

United States Bankruptcy Court

Eastern District of Virginia

Richmond Division

IN RE: Daniel L. Archer, Jr., Debtor Case No. : 16-31783

Carl M. Bates, Trustee Chapter 13

 

NOTICE

 PLEASE TAKE NOTICE that on August 17, 2016 at 10:00 A.M. or as soon thereafter as is 

practical, we will appear before the Honorable Keith L. Phillips. in Room 5100 of the United 

States Bankruptcy Court, Eastern District of Virginia, Richmond Division located at 701 East 

Broad Street, Richmond, Virginia on the Debtor’s Motion to Authorize Confirmation of the 

Chapter 13 Plan. 

Daniel L. Archer, Jr.

BY: /s/ Pia J. North 

Counsel

 CERTIFICATE

I hereby certify that I have on July 29, 2016, transmitted a true copy of the foregoing Notice and

Motion to Authorize Confirmation of the Chapter 13 Plan. electronically through the Court’s

CM/ECF:, Chapter 13 trustee, United States trustee and Elizabeth Gunn, Counsel for 

Department of Social Services, Division of Child Support Enforcement and the Debtor by first 

class mail, postage pre-paid.

/s/ Pia J. North 

Pia J. North 

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