UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Alexandria Division

In re: )

)

HEATHER RENEE MILLS BANNING ) Case No. 19-13429-KHK

) Chapter 13

)

 )

Debtor. )

_________________________________________ )

OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN

COMES NOW, Foxborough Phase I Homeowners Association (hereinafter 

“Association”), a secured creditor, by counsel, and files this Objection to the Chapter 13 Plan of 

the Debtor dated October 22, 2019. In support of this Objection, the Association states as 

follows:

1. Debtor is the owner of 13197 Golders Green Place, Bristow, VA 20136 

(hereafter, the “Property”). The Association avers that the Property is Debtor’s principal 

residence.

2. The Property is subject to the recorded “Declaration of Covenants, Conditions, 

and Restrictions” (hereinafter “Declaration”) as recorded in Deed Book 2175, Page 036 among 

the land records of Prince William County, Virginia, and the Virginia Property Owners 

Association Act, § 55.1-1800 et. seq., Code of Virginia (the “Act”). The Declaration and the Act 

were in effect when the Debtor filed her petition and still are in effect as of the date of the filing 

of this Objection.

3. In accordance with Article IV, Section 1 of the Declaration, the Association has 

the authority to levy assessments against a lot owner subject to the Association’s governing 

documents.

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4. This same section and § 55.1-1833 of the Act state that the Association shall have 

a continuing lien on an owner’s lot for unpaid assessments.

5. Debtor’s pre-petition delinquency includes a debt of Two Thousand Eight 

Hundred Seventeen Dollars and Fourteen Cents ($2,817.14) that is secured by a judgment lien 

and an assessment lien on the Property.

6. In her bankruptcy schedules, Debtor states lists the secured debt owed to the 

Association at only $2,500.00.

7. Accordingly, Debtor’s Plan fails to fully cure the Association’s secured claim and 

is therefore in violation of 11 U.S.C. §§ 1322(b)(2) and (5).

8. Additionally, this Plan’s failure to fully cure the pre-petition arrearage owed to 

the Association which is secured by the Property demonstrates that the Plan is not feasible and 

therefore in violation of 11 U.S.C. § 1325(a)(6).

WHEREFORE Foxborough Phase I Homeowners Association, a secured creditor by 

counsel, respectfully moves the Court to deny confirmation of the Debtor’s Chapter 13 plan 

dated October 22, 2019, along with such other relief as the Court deems is necessary and proper.

Respectfully submitted this 31st day of October 2019,

/s/ Jeremy C. Huang

Jeremy C. Huang, VSB 76861

CHADWICK WASHINGTON MORIARTY

ELMORE & BUNN, P.C.

3201 Jermantown Rd., Suite 600

Fairfax, VA 22030

TEL: 703-352-1900 / FAX: 703-352-5293

jhuang@chadwickwashington.com

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 31st day of October 2019, a copy of the foregoing 

Objection to Confirmation and the Notice of Objection were served via the Court’s ECF system 

upon the following persons:

Thomas Gorman

Chapter 13 Trustee

300 N. Washington St., #400

Alexandria, VA 22314

John Paul Goetz

John Goetz Law, PLC

86 W. Shirley Avenue

Warrenton, VA 20186

Attorney for the Debtor

/s/ Jeremy C. Huang

Jeremy C. Huang

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