BWW#: VA-312479 

___________________________

Lauren French, VSB# 85478 

8100 Three Chopt Road, Suite 240 

Richmond, VA 23229 

(804) 282-0463 (Phone)

Attorney for the Movant

UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA

Alexandria Division 

IN RE: 

MARK ANTHONY ANDERSON 

 Debtor 

_______________________________

DITECH FINANCIAL LLC 

 Movant 

v. 

MARK ANTHONY ANDERSON 

 Debtor/Respondent 

and

LATAUNIA ANDERSON 

 Co-Debtor/Co-Respondent 

and

THOMAS P. GORMAN 

 Trustee/Respondent 

Case No. 19-10888-KHK 

Chapter 13 

CONSENT ORDER MODIFYING AUTOMATIC STAY AND CO-DEBTOR STAY 

 This matter was before the court on July 22, 2019 on the motion of Ditech Financial LLC (the 

“Movant”) for relief from the automatic stay with respect to the real property located at 1411 Admiral 

Drive, Woodbridge, VA 22192 (the “Property”) and more particularly described as follows: 

Upon consideration of which, it is 

ORDERED:

1. The Debtor will resume making regular monthly installment payments in the amount of 

$1,871.82 (subject to adjustment due to interest rate changes or escrow changes) as they 

become due commencing on September 1, 2019. Late payments will include applicable late 

charges in the amount of $0.00 (subject to change due to adjustments of the monthly principal 

and interest payment). 

2. The Debtor will cure the post-petition arrearage currently due to the Movant through August 1, 

2019 in the total amount of $8,510.10, which includes 4 post-petition monthly payments due 

from May 1, 2019 through August 1, 2019 in the amount of $1,871.82 each, filing fees of 

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$181.00, attorney's fees of $850.00, and $8.18 in suspense, by filing an Amended/Modified 

Chapter 13 Plan (the “Amended Plan”), which Amended Plan shall provide for the payment of 

the post-petition arrearage set forth herein to the Movant over the life of the Debtor’s 

bankruptcy. The Debtor shall file the Amended Plan within 21 days of the entry of this order. 

The Movant shall amend its filed Proof of Claim, or file a supplemental Proof of Claim, for the 

post-petition arrearages set forth above, within 60 days from the entry of this Order. In the event 

Movant does not file or amend its claim for those post-petition arrearage within the 

aforementioned period, Debtor’s counsel is then authorized to file the supplemental Proof of 

Claim on Movant’s behalf in the amount provided for in this Order. 

3. In the event that any payment set forth in this order is not received by the Movant within 15 

days after it is due, or if the Debtor does not file the Amended Plan within 21 days of the entry 

of this order, the Movant may mail a notice of default to the Debtor by first class mail, postage 

prepaid, (and, if it desires, also by certified or registered mail) with a copy to Debtor’s counsel 

and the Trustee by first class mail, postage prepaid, or by email at the same time as the notice of 

default is mailed to the Debtor. The notice of default will state in simple and plain language: 

a. That the Debtor is in default in making at least one payment required under this 

order or in timely filing the Amended Plan; 

b. The dates and amount of each payment missed and any late charge or other fee 

necessary to cure the default; 

c. The action necessary to cure the default, including any address to which payments 

must be mailed; 

d. That the Debtor or Trustee must take one of the following actions within fourteen 

days after the date of the mailing of the notice of default: 

i. cure the default; 

ii. file an objection with the court stating that no default exists; or 

iii. file an objection with the court stating any other reason why an order 

granting relief from the automatic stay should not be entered; 

e. That if the Debtor or Trustee does not take one of the actions set forth in paragraph 

3(d), the Movant may file a certificate that it has complied with the terms of this 

order and that the court may grant relief from the automatic stay without further 

notice to the Debtor; and 

f. That if the automatic stay is terminated, the collateral may be sold at foreclosure. 

 If the Debtor or Trustee does not take one of the actions set forth in paragraph 3(d), the 

Movant may submit a certificate stating that it has complied with the terms of this order and 

that neither the Debtor nor the Trustee has taken one of the actions set forth in paragraph 3(d) 

and may submit together with the certificate a draft order terminating the automatic stay. 

 If the Debtor or Trustee files an objection, the Movant must set the matter for hearing 

and give notice of the hearing to the Debtor, Debtor’s counsel and the Trustee. At the hearing, 

the court may terminate the stay or take other action appropriate to the circumstances. 

4. The provisions of this order with respect to regular monthly installment payments expire one 

year after the date of the entry of this order. In the event of the default in payment of any 

regular monthly installment payment due more than one year after the date of the entry of this 

order, the Movant must obtain relief by filing a new motion for relief from stay with appropriate 

notice and hearing. 

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5. Until an order is entered terminating the automatic stay, the Movant may not refuse to accept or 

apply payments tendered by the Debtor, even if such payments are late or in an improper 

amount; however, acceptance of non-conforming payments is without prejudice and shall not 

constitute a waiver of any default. 

6. The automatic stay is modified to permit the noteholder or servicing agent to send the Debtor 

payment coupons, payment statements or invoices, notices of late payment, notices of payment 

changes, notices of servicing transfers, or any other notice, other than a notice of acceleration or 

demand for payment of the entire balance, normally sent to customers in the ordinary course of 

business.

7. Should the Debtor default pursuant to the terms contained herein, unless otherwise ordered by 

this court, the Movant shall be entitled to reasonable attorneys fees in the amount of $100.00 for 

issuance of a notice of default, and an additional $200.00 for issuance of a certificate of default 

and preparation of an order terminating the automatic stay. 

8. Relief is granted as to Lataunia Anderson, the Co-Debtor, from the automatic stay imposed by 

1301(a) to the same extent and on the same terms and conditions as granted as to the Debtor. 

 Alexandria, Virginia 

 Date: _________________ _________________________________ 

 United States Bankruptcy Judge 

 Entered on Docket: _________________ 

WE ASK FOR THIS: 

_/s/ Lauren French __

Lauren French, VSB# 85478 

BWW Law Group, LLC 

8100 Three Chopt Road, Suite 240 

Richmond, VA 23229 

(804) 282-0463 (phone) 

(804) 282-0541 (facsimile)

Attorney for the Movant 

SEEN AND AGREED:

_/s/ Nathan A. Fisher__

Nathan A. Fisher, Esq. 

3977 Chain Bridge Rd, #2 

Fairfax, VA 22030

Counsel for the Debtor 

Aug 8 2019 /s/ Klinette H. Kindred

August 9, 2019

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SEEN, WITH RESERVATION OF RIGHT TO OBJECT TO THE AMENDED PLAN:

_/s/ Thomas P. Gorman___

Thomas P. Gorman, Trustee 

300 N. Washington St., Ste 400 

Alexandria, VA 22314

Chapter 13 Trustee

CERTIFICATION

The undersigned certifies that: 

1. The foregoing Consent Order Modifying Automatic Stay and Co-Debtor Stay is identical to the 

form order required by Standing Order No. 10-2 and that no modification, addition, or deletion 

has been made WITH THE EXCEPTION OF THE FOLLOWING: 

a. Paragraph 2 of the order has been modified to include a detailed accounting of the postpetition arrearage owed to the Movant; and

b. Paragraph 3 of the order has been modified to include a default provision in the event the 

Debtor fails to timely file the Amended Plan, in accordance with the requirements set forth 

in Paragraph 2 herein; and 

2. The foregoing Consent Order Modifying Automatic Stay and Co-Debtor Stay has been 

endorsed by or on behalf of all necessary parties and counsel herein pursuant to Local Rule 

9022-1.

_/s/ Lauren French __

 Lauren French 

 Attorney 

 BWW Law Group, LLC 

cc:

Thomas P. Gorman, Trustee 

300 N. Washington St., Ste 400 

Alexandria, VA 22314 

Nathan Andrew Fisher, Esq. 

3977 Chain Bridge Rd, #2 

Fairfax, VA 22030 

Mark Anthony Anderson 

1411 Admiral Drive 

Woodbridge, VA 22192 

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Lataunia Anderson 

1411 Admiral Drive 

Woodbridge, VA 22192 

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