James E. Kane (VSB #30081) 

KANE & PAPA, P.C. 

1313 East Cary Street 

Richmond, VA 23219 

(804) 225-9500 (phone) 

(804) 225-9598 (fax) 

Counsel for Debtor 

IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

Richmond Division 

 

IN RE: ) 

 ) 

TAWANA DANIELLE MARSHALL ) Case No. 19-34080-KRH 

 ) Chapter 13 

 Debtor ) 

MOTION TO APPROVE LOAN MODIFICATION 

 COMES NOW, the Debtor, by counsel, and as and for Debtor’s Motion to Approve Loan 

Modification, states as follows: 

 1. The Debtor filed this case under Chapter 13 of the U.S. Bankruptcy Code on 

August 6, 2016. 

 2. Pennymac Loan Services is a secured creditor of the Debtor which holds a 

promissory note from the Debtor (“Note”) secured by a first deed of trust on the Debtor’s real 

property at 6924 Amstel Ridge Court Chesterfield, VA 23838, and further described as follows 

(the “Property”): 

ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND, WITH ALL 

IMPROVEME TS THEREON AND APPURTENANCES THERETO 

BELONGING, LYING AND BEING IN THE COU TY OF CHESTERFIELD, 

VIRGINIA., AND SHOWN AND DESIGNATED AS LOT 9, SECTION B, ON 

SUBDIVISION PLAT OF AMSTEL BLUFF, RECORDED IN THE CLERK'S 

OFFICE, CIRCUIT COURT OF CHESTERFIELD COUNTY, VIRGINIA, I 

PLAT BOOK 80, PAGE 26, TO WHICH PLAT REFERENCE IS HEREBY 

MADE FOR A MORE PARTICULAR DESCRIPTION OF THE PROPERTY. 

 3. The Debtor has applied for and Pennymac Loan Services has approved a 

modification of the Note reducing the Debtor’s monthly payment of principal, interest, and 

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escrow on the Note from $1,635.57 to $1,531.05, decreasing the annual interest rate from 

3.250% to 3.125%, decreasing the unpaid principal balance from $232,512.67 to $227,979.75, 

extending the maturity date from May 1, 2046 to October 1, 2050, including a Subordinate Note 

capitalizing arrearages of $6,836.41 with no interest or payments until the note matures October 

1, 2050. A Summary of Proposed Loan Modification is attached hereto and a copy of the Loan 

Modification is attached hereto as Exhibit “A” and is incorporated herein by this reference. 

4. The forgoing modification is in the best interest of the Debtor and will facilitate 

the Debtor’s ability to perform under the Chapter 13 Plan filed herein. 

WHEREFORE, the Debtor requests that the Court enter an Order approving the 

modification of the terms of the Note as stated herein and for such other relief as the Court may 

deem appropriate. 

 TAWANA DANIELLE MARSHALL 

 By: /s/ James E. Kane 

 Counsel 

James E. Kane (VSB #30081) 

KANE & PAPA, P.C. 

1313 East Cary Street 

Richmond, VA 23219 

(804) 225-9500 (phone) 

(804) 225-9598 (fax) 

Counsel for Debtor 

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CERTIFICATE OF SERVICE 

I hereby certify that on January 20, 2021, I will electronically file the foregoing 

with the Clerk of Court using the CM/ECF system, which will then send a notification of 

such filing (NEF) to all counsel of record who have signed up to receive such notification 

and by first class mail to all parties on the attached list. 

 /s/ James E. Kane 

 James E. Kane 

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IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

Richmond Division 

 

IN RE: ) 

 ) 

TAWANA DANIELLE MARSHALL ) Case No. 19-34080-KRH 

 ) Chapter 13 

 Debtor ) 

NOTICE OF MOTION AND HEARING 

 The above Debtor has filed Motion to Approve Loan Modification in the above matter. 

 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, within twenty-one (21) days from the date of 

this Notice you or your attorney must: 

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

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

request for a 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, to: 

Clerk of Court 

United States Bankruptcy Court 

701 East Broad Street 

Richmond, VA 23219 

You must also mail a copy to: 

James E. Kane, Esquire 

Kane & Papa, P.C. 

1313 East Cary Street 

Richmond, Virginia 23219 

 Attend a hearing scheduled for February 24, 2021 at 12:00 PM at United States 

Bankruptcy Court, 701 East Broad Street, Room 5000, Richmond, VA 

23219. If no timely response has been filed opposing the relief requested, the 

court may grant the relief without holding a hearing. 

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 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. 

Dated: January 20, 2021 

 TAWANA DANIELLE MARSHALL 

 By: /s/ James E. Kane 

 Counsel 

James E. Kane (VSB #30081) 

KANE & PAPA, P.C. 

1313 East Cary Street 

Richmond, VA 23219 

(804) 225-9500 (phone) 

(804) 225-9598 (fax) 

Counsel for Debtor 

CERTIFICATE OF SERVICE 

I hereby certify that on January 20, 2021, I will electronically file the foregoing 

with the Clerk of Court using the CM/ECF system, which will then send a notification of 

such filing (NEF) to all counsel of record who have signed up to receive such notification 

and by first class mail to all parties on the attached list. 

 /s/ James E. Kane 

 James E. Kane 

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IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

Richmond Division 

 

IN RE: ) 

 ) 

TAWANA DANIELLE MARSHALL ) Case No. 19-34080-KRH 

 ) Chapter 13 

 Debtor ) 

Summary of Proposed Loan Modification 

 Original Loan Modified Loan 

Principal Amount $248,417.00 $227,979.75 

Interest Rate 3.250% 3.150% 

Term or Maturity Date May 1, 2046 October 1, 2050 

Monthly Payment $1,635.57 $1,531.05 

X_ 1. The Modified loan includes future payment changes or balloon payments. The 

terms of any such payment changes or subordinate note are: $6,836.41 or arrearages 

capitalized into subordinate payment due at maturity date of October 1, 2050. 

__ 2. The modification results in a higher monthly payment. The source of the funds 

used to make that payment are: _ 

_X_ 3. The modification results in a lower monthly payment. Choose one of the 

following: 

___ a. The amount of future plan payments will be increased. 

_X_b. The amount of future plan payments will not be increased. 

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