UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division

In re: )

)

ZACHARY R. BLAIR ) Case No. 19-35495-KLP

) Chapter 13

)

Debtor. )

_________________________________________ )

OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN

COMES NOW, Woodlake Community Association, Inc. (hereinafter “Association”), a 

secured creditor, by counsel, and files this Objection to the Chapter 13 Plan of the Debtor dated 

October 31, 2019. In support of this Objection, the Association states as follows:

1. Debtor is the owner of 5301 Chestnut Bluff Place, Midlothian, VA 23112 

(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 V, Sections 1 and 2 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 Three Thousand Eight 

Hundred Thirty-Three Dollars and Two Cents ($3,833.02) that is secured by judgment liens and 

assessment liens on the Property.

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

Association at only $2,175.00, and Debtor’s Plan only proposes to cure this lesser amount.

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 Woodlake Community Association, Inc., a secured creditor by counsel, 

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

October 31, 2019, along with such other relief as the Court deems is necessary and proper.

Respectfully submitted this 7

th day of November 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 7

th day of November 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:

Carl M. Bates

Chapter 13 Trustee

P.O. Box 1819

Richmond, VA 23218

Pia J. North

North Law

5913 Harbour Park Dr.

Midlothian, VA 23112

Attorney for the Debtor

/s/ Jeremy C. Huang

Jeremy C. Huang

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