Susan H. Call, Esquire

Staff Counsel for

Carl M. Bates

P.O. Box 1819

Richmond, VA 23218-1819

(804) 237-6800

VSBN 34367

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

In re: April Lynn Hite ) Case No: 19-34196

fka April Lynn Flath ) Chapter 13

OBJECTION TO CONFIRMATION

 COMES NOW, Susan H. Call, Counsel for Carl M. Bates the Chapter 13 Trustee, and moves this 

Court to deny confirmation of the Chapter 13 Plan filed on August 13, 2019, for the cause as follows:

1. The Debtor filed this Chapter 13 Petition on August 13, 2019 under 11 U.S.C. Chapter 13, now 

pending in the United States Bankruptcy Court, Eastern District of Virginia, Richmond Division.

2. This Objection is filed pursuant to 11 U.S.C. 1325.

3. The above filed Chapter 13 Plan fails to pay the equivalent distribution to unsecured creditors that 

they would receive under the Chapter 7 liquidation analysis, shown by:

a. The plan proposes to pay the unsecured creditors approximately 0% where upon testimony 

and belief there is enough equity in assets, specifically, real estate, that would pay a 100% 

dividend to unsecured creditors if the property was liquidated. 

b. The debtor has new employment that increases income, so that should be disclosed on 

Schedule I.

c. The Trustee would propose the distribution to unsecured creditors needs to be equivalent to 

the amount they would receive under a Chapter 7 liquidation analysis.

WHEREFORE, for the reasons stated herein, the Chapter 13 Trustee, by Counsel, Susan H. Call, 

respectfully moves the Court to deny confirmation of the Debtors’ proposed Chapter 13 Plan as filed with the 

Court, and for such further and other relief as in the premises may seem just.

Date: October 11, 2019 /s/Susan H. Call

Susan H. Call, Counsel for

Carl M. Bates

Chapter 13 Trustee

Certificate of Service

I hereby certify that on October 11, 2019, I have mailed or hand-delivered a true copy of the foregoing 

Objection to Confirmation to the debtor(s), April Lynn Hite, 1102 Walker Dr, Fredericksburg, VA 22401 and

electronically sent to debtor’s attorney, Mark Joseph Dahlberg, Esquire, mark.dahlberg1@gmail.com.

/s/Susan H. Call

Susan H. Call, Counsel for

Carl M. Bates, Chapter 13 Trustee

Case 19-34196-KRH Doc 10 Filed 10/11/19 Entered 10/11/19 15:51:53 Desc Main

 Document Page 1 of 3
Susan H. Call, Esquire

Staff Counsel for

Carl M. Bates

P.O. Box 1819

Richmond, VA 23218-1819

(804) 237-6800

VSBN 34367

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

In re: April Lynn Hite ) Case No: 19-34196

fka April Lynn Flath ) Chapter 13

Debtor Address 1102 Walker Drive

Fredericksburg, VA 22401

Last four digits of Social Security No(s).: 2633

NOTICE OF OBJECTION TO CONFIRMATION

Susan H. Call, Counsel for Carl M. Bates the Chapter 13 Trustee, has filed papers with the Court

objecting to confirmation of your Chapter 13 Plan, which was filed in this case.

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 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 East Broad Street, Suite 4000

Richmond, VA 23219

You must also mail a copy to:

Susan H. Call, Counsel for 

Carl M. Bates

Chapter 13 Trustee

P.O. Box 1819

Richmond, VA 23218

Case 19-34196-KRH Doc 10 Filed 10/11/19 Entered 10/11/19 15:51:53 Desc Main

 Document Page 2 of 3
Susan H. Call, Esquire

Staff Counsel for

Carl M. Bates

P.O. Box 1819

Richmond, VA 23218-1819

(804) 237-6800

VSBN 34367

Attend a hearing to be scheduled at a later date. You will receive separate notice of hearing. If 

no timely response has been filed opposing the relief requested, the court may grant the relief without 

holding a hearing.

 X Attend the hearing on the objection scheduled to be held on October 23, 2019 at 11:10 am at 

United States Bankruptcy Court, 701 East Broad Street, Richmond, VA 23219, Room 5000.

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: October 11, 2019 /s/Susan H. Call

Susan H. Call, Counsel for 

Carl M. Bates

Chapter 13 Trustee

P.O. Box 1819

Richmond, VA 23218-1819

VSBN 34367

Certificate of Service

I hereby certify that on October 11, 2019, I have mailed or hand-delivered a true copy of the foregoing 

Notice of Objection to Confirmation to the debtor(s) April Lynn Hite, 1102 Walker Dr, Fredericksburg, VA 

22401 and electronically sent to debtor’s attorney, Mark Joseph Dahlberg, Esquire, 

mark.dahlberg1@gmail.com.

/s/Susan H. Call

Susan H. Call, Counsel for

Carl M. Bates

Chapter 13 Trustee

Case 19-34196-KRH Doc 10 Filed 10/11/19 Entered 10/11/19 15:51:53 Desc Main

 Document Page 3 of 3