Elizabeth C. Brogan

Counsel for Suzanne E. Wade, Chapter 13 Trustee

Virginia State Bar Number 76539

7202 Glen Forest Drive, Suite 202

Richmond, Virginia 23226

(804) 775-0979

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

 In re: Michael E. Rivenbark, Debtor ) Case No. 19-36609-KRH

 ) Chapter 13

OBJECTION TO CONFIRMATION

COMES NOW Elizabeth C. Brogan, Counsel for Suzanne E. Wade, Chapter 13 Trustee, and 

moves this Court to deny confirmation of the Chapter 13 Plan (the “Plan”) dated October 5, 2021, for 

the cause as follows:

1. The Debtor filed this Chapter 13 Petition, now pending in the United States Bankruptcy 

Court, Eastern District of Virginia, Richmond Division, on December 19, 2019 under 11 

U.S.C. Chapter 13.

2. The Debtor has proposed one prior Chapter 13 Plan, filed December 23, 2019, and confirmed 

by Order entered March 5, 2020 (the “previous Plan”).

3. This Objection is filed pursuant to 11 U.S.C. §§ 1325(a)(4) and 1329(b)(1).

4. The above-filed Plan is not eligible for confirmation due to the Debtor’s failure to fully and 

properly disclose assets received through an inheritance. 

5. Line 8h of the Schedule I filed with the Plan suggests the Debtor has received an inheritance 

of $30,00.00, and attempts to amortize the inheritance over the remaining 39 months of the 

Plan. Line 24 of Schedule J suggests the Debtor may have had an inherited interest in real 

property which has been sold.

6. The Trustee requests the Debtor file an amended Schedule A/B fully disclosing all inherited 

assets, including but not limited to cash funds, personal property and real property; and an 

amended Schedule C describing any portion of those assets the Debtor claims as exempt.

7. The Trustee would suggest the Plan must provide unsecured creditors a distribution 

equivalent to that they would receive through the Debtor’s Chapter 7 liquidation. The Trustee 

would further suggest the inherited funds, if received by the Debtor as a lump sum, should 

be paid into the Plan as a lump sum, rather than amortized over the remaining months of the 

case.

WHEREFORE, for the reasons stated herein, the Chapter 13 Trustee, by Counsel, respectfully moves 

the Court to deny confirmation of the Debtor’s proposed Chapter 13 Plan, and for such further and other 

relief as the Court deems necessary.

Case 19-36609-KRH Doc 22 Filed 11/04/21 Entered 11/04/21 11:44:40 Desc Main

Document Page 1 of 5
Elizabeth C. Brogan

Counsel for Suzanne E. Wade, Chapter 13 Trustee

Virginia State Bar Number 76539

7202 Glen Forest Drive, Suite 202

Richmond, Virginia 23226

(804) 775-0979

 Date: November 4, 2021 /s/ Elizabeth C. Brogan . 

 Elizabeth C. Brogan, Counsel for

 Suzanne E. Wade, Chapter 13 Trustee 

CERTIFICATE OF SERVICE

I hereby certify a true copy of the foregoing OBJECTION TO CONFIRMATION was served 

electronically or by first-class mail, postage prepaid, this 4th day of November, 2021, upon the following 

parties:

Michael E. Rivenbark

2723 Waterford Way 

Apt 2d 

Midlothian, VA 23112

Pia J. North, Counsel for Debtor

North Law 

5913 Harbour Park Drive 

Midlothian, VA 23112 

help@pianorth.com

 /s/ Elizabeth C. Brogan . 

 Elizabeth C. Brogan, Counsel for

 Suzanne E. Wade, Chapter 13 Trustee 

Case 19-36609-KRH Doc 22 Filed 11/04/21 Entered 11/04/21 11:44:40 Desc Main

Document Page 2 of 5
Elizabeth C. Brogan

Counsel for Suzanne E. Wade, Chapter 13 Trustee

Virginia State Bar Number 76539

7202 Glen Forest Drive, Suite 202

Richmond, Virginia 23226

(804) 775-0979

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

 In re: Michael E. Rivenbark, Debtor ) Case No. 19-36609-KRH

) Chapter 13

 2723 Waterford Way, Apt. 2d )

 Midlothian, VA 23112 )

)

 XXX-XX-7770 )

NOTICE OF OBJECTION TO CONFIRMATION

Elizabeth C. Brogan, Counsel for Suzanne E. Wade, Chapter 13 Trustee, has filed papers with 

the Court objecting to the confirmation of your Chapter 13 Plan dated October 5, 2021.

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 Objection, or if you want the Court 

to consider your views on the Objection, then on or before three (3) days before the date of the hearing, 

you or your attorney must:

_X_ File with the Court, at the address shown below, a written response pursuant to Local 

Bankruptcy Rule 9013-1(H). If you mail your response to the Court for filing, you must 

mail it early enough that the Court will receive it on or before the date stated above.

Clerk of Court

United States Bankruptcy Court

701 East Broad Street, Suite 4000

Richmond, Virginia 23219

You must also mail a copy to:

Elizabeth C. Brogan 

Counsel for Suzanne E. Wade, Chapter 13 Trustee

7202 Glen Forest Drive, Suite 202

Richmond, Virginia 23226

_X_ Attend the hearing on the Objection, scheduled to be held REMOTELY on 

November 17, 2021 at 11:10 a.m.

Case 19-36609-KRH Doc 22 Filed 11/04/21 Entered 11/04/21 11:44:40 Desc Main

Document Page 3 of 5
Elizabeth C. Brogan

Counsel for Suzanne E. Wade, Chapter 13 Trustee

Virginia State Bar Number 76539

7202 Glen Forest Drive, Suite 202

Richmond, Virginia 23226

(804) 775-0979

REMOTE HEARING INFORMATION: 

Due to the COVID−19 public health emergency, no in-person hearings are being held. 

This hearing will take place remotely through Zoom on the date and time scheduled herein. 

To appear at the hearing, you must send, by email, a completed request form (the “Zoom Request Form”), 

which is available on the Court's internet website at www.vaeb.courts.gov, on the page titled, 

“Temporary Emergency Provisions Regarding ZoomGov Remote Proceeding Access Information.” 

Email your completed Zoom Request Form to the email address listed for the Judge assigned to the case. 

Following receipt of your Zoom Request Form, Court staff will respond to the email address from which 

the request was submitted with additional information on how to participate through Zoom. 

***The email address shall be used only to submit Zoom Request Forms. No other matters or requests 

will be considered by Court staff, and under no circumstances will any such matters or requests be 

brought to the Judge’s attention. Failure to comply with these instructions may result in appropriate 

action, including but not limited to the imposition of sanctions.*** 

PLEASE NOTE: You MUST submit the Zoom Request Form no later than two (2) business days prior 

to this hearing. Any documentary evidence the parties wish to present at the hearing must be filed with 

the Court in advance of the hearing.

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

relief sought in the Objection, and may enter an order granting that relief.

Date: November 4, 2021 /s/ Elizabeth C. Brogan . 

 Elizabeth C. Brogan, Counsel for

 Suzanne E. Wade, Chapter 13 Trustee

CERTIFICATE OF SERVICE

I hereby certify a true copy of the foregoing NOTICE OF OBJECTION TO CONFIRMATION

was served electronically or by first-class mail, postage prepaid, this 4th day of November, 2021, upon 

the following parties:

Michael E. Rivenbark

2723 Waterford Way 

Apt 2d 

Midlothian, VA 23112

Pia J. North, Counsel for Debtor

North Law 

5913 Harbour Park Drive 

Case 19-36609-KRH Doc 22 Filed 11/04/21 Entered 11/04/21 11:44:40 Desc Main

Document Page 4 of 5
Elizabeth C. Brogan

Counsel for Suzanne E. Wade, Chapter 13 Trustee

Virginia State Bar Number 76539

7202 Glen Forest Drive, Suite 202

Richmond, Virginia 23226

(804) 775-0979

Midlothian, VA 23112 

help@pianorth.com

 

 /s/ Elizabeth C. Brogan . 

 Elizabeth C. Brogan, Counsel for

 Suzanne E. Wade, Chapter 13 Trustee 

Case 19-36609-KRH Doc 22 Filed 11/04/21 Entered 11/04/21 11:44:40 Desc Main

Document Page 5 of 5