UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA 

RICHMOND DIVISION 

IN RE: 

LeMar Allen Bowers 

Debtor(s) 

BCN#: 19-33915-KRH 

Chapter: 13 

NOTICE OF MOTION (OR OBJECTION) 

Carrington Mortgage Services, LLC has filed papers with the court objecting to the 

confirmation of the proposed Chapter 13 plan. 

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 Objection, then on or before September 24, 2019, 

you or your attorney must: 

 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. 

U.S. Bankruptcy Court 

701 East Broad Street, 

Room 5000 

Richmond, VA 23219 

You must also send a copy to: 

Gregory N. Britto, Esquire 

Malcolm B. Savage, III, Esquire 

William M. Savage, Esquire 

Thomas J. Gartner, Esquire 

Mary F. Balthasar Lake, Esquire 

Nicole McKenzie, Esquire 

SHAPIRO & BROWN, LLP 

501 Independence Parkway, Suite 203 

Chesapeake, Virginia 23320 

Case 19-33915-KRH Doc 28 Filed 09/30/19 Entered 09/30/19 16:28:42 Desc Main

Document Page 1 of 6
(703) 449-5800 

 Attend a hearing to be scheduled on October 9, 2019, at 11:10 am at Judge 

Huennekens' Courtroom, 701 E. Broad St., Rm. 5000, Richmond, Virginia. If no 

timely response has been filed opposing the relief requested, the court may grant 

the relief without holding a 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 motion or objection and may enter an order granting that relief. 

Dated:_09/30/2019 SHAPIRO & BROWN, LLP 

Attorneys for Carrington Mortgage Services, LLC 

By: /s/ Mary F. Balthasar Lake 

Gregory N. Britto, Esquire 

VSB #23476 

Malcolm B. Savage, III, Esquire 

VSB #91050 

William M. Savage, Esquire 

VSB #26155 

Thomas J. Gartner, Esquire 

VSB #79340 

Mary F. Balthasar Lake, Esquire 

VSB #34899 

Nicole McKenzie, Esquire 

VSB #93990 

SHAPIRO & BROWN, LLP 

501 Independence Parkway, Suite 203 

Chesapeake, Virginia 23320 

(703) 449-5800 

Case 19-33915-KRH Doc 28 Filed 09/30/19 Entered 09/30/19 16:28:42 Desc Main

Document Page 2 of 6
CERTIFICATE OF SERVICE 

I certify that I have this 30th day of September, 2019, electronically transmitted and/or 

mailed by first class mail, postage pre-paid or hand-delivered a true copy of the foregoing Notice 

of Motion (or Objection) to the following: 

James E. Kane 

Kane & Papa, PC 

1313 East Cary Street, PO Box 508 

Richmond, VA 23218-0508 

Carl M. Bates 

P. O. Box 1819 

Richmond, VA 23218 

LeMar Allen Bowers 

10250 Scots Landing Road 

Mechanicsville, VA 23116 

/s/ Mary F. Balthasar Lake 

Gregory N. Britto, Esquire 

Malcolm B. Savage, III, Esquire 

William M. Savage, Esquire 

Thomas J. Gartner, Esquire 

Mary F. Balthasar Lake, Esquire 

Nicole McKenzie, Esquire 

Gregory N. Britto, Esquire 

Malcolm B. Savage, III, Esquire 

William M. Savage, Esquire 

Thomas J. Gartner, Esquire 

Mary F. Balthasar Lake, Esquire 

Nicole McKenzie, Esquire 

Shapiro & Brown, LLP Attorney for 

Carrington Mortgage Services, LLC 

501 Independence Parkway, Suite 203 

Chesapeake, Virginia 23320 

(703) 449-5800 16-262840 

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UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA 

RICHMOND DIVISION 

IN RE: 

LeMar Allen Bowers 

Debtor(s) 

BCN#: 19-33915-KRH 

Chapter: 13 

OBJECTION OF CARRINGTON MORTGAGE SERVICES, LLC 

TO PROPOSED CHAPTER 13 PLAN AND 

CONFIRMATION THEREOF 

Carrington Mortgage Services, LLC, and its assignees and/or successors in interest, a 

secured creditor in the above-entitled Bankruptcy proceeding, hereby submits the following 

objections to the confirmation of the Chapter 13 Plan proposed by Debtor: 

1. This objecting secured creditor is the beneficiary of a trust deed on property 

commonly known as 1204 ALCINDOR RD, Portsmouth, VA 23701; the promissory note and 

deed of trust were attached to the proof of claim filed by the secured creditor. 

2. The debtor is due for pre-petition arrearages in the amount of $49,501.36, as set 

forth in this secured creditor’s proof of claim. 

3. The proposed Plan does not set forth a reasonable schedule and time period for 

the payment of arrearages on the deed of trust. The plan states that the arrearages are to be cured 

by loan modification, but there are no timeframes in the plan for when the loan modification will 

be completed. There are also no provisions in the plan for if the debtor’s pursuit of a loan 

modification is not successful. 

4. The proposed Chapter 13 plan does not provide this objecting secured creditor 

with adequate protection or adequate security, according to Sections 362 and 1325(a) of the 

Code. 

5. As indicated by the debtor's payment history and schedules, the Plan is not 

feasible. 

6. The Plan does not propose to pay the secured creditor's entire claim as shown in 

its proof of claim. 

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CONCLUSION 

Any Chapter 13 Plan proposed by Debtors must provide for and eliminate the objections 

specified above in order to be feasible and to provide adequate protection to this objecting 

secured creditor. It is respectfully requested that confirmation of the Chapter 13 Plan as 

proposed by Debtor be denied. 

WHEREFORE, secured creditor prays as follows: 

1. That confirmation of the proposed Chapter 13 Plan be denied. 

2. For attorney's fees and costs incurred herein. 

3. That a hearing be held October 9, 2019, at 11:10 am at Judge Huennekens' 

Courtroom, 701 E. Broad St., Rm. 5000, Richmond, Virginia on this objection. 

4. For such other relief as this Court deems proper. 

Dated: 09/30/2019 Respectfully submitted 

Carrington Mortgage Services, LLC 

By Counsel: 

/s/ Mary F. Balthasar Lake 

Gregory N. Britto, Esquire 

Malcolm B. Savage, III, Esquire 

William M. Savage, Esquire 

Thomas J. Gartner, Esquire 

Mary F. Balthasar Lake, Esquire 

Nicole McKenzie, Esquire 

Shapiro & Brown, LLP 

501 Independence Parkway, Suite 203 

Chesapeake, Virginia 23320 

(703) 449-5800 

I certify that I have electronically transmitted and/or mailed true copies of the above Objections 

to the Chapter 13 Plan, by First Class Mail, postage prepaid on this 30th day of September, 2019 

to the following: 

James E. Kane 

Kane & Papa, PC 

1313 East Cary Street, PO Box 508 

Richmond, VA 23218-0508 

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Carl M. Bates 

P. O. Box 1819 

Richmond, VA 23218 

LeMar Allen Bowers 

10250 Scots Landing Road 

Mechanicsville, VA 23116 

/S/ Mary F. Balthasar Lake 

Gregory N. Britto, Esquire 

Malcolm B. Savage, III, Esquire 

William M. Savage, Esquire 

Thomas J. Gartner, Esquire 

Mary F. Balthasar Lake, Esquire 

Nicole McKenzie, Esquire 

16-262840 

Case 19-33915-KRH Doc 28 Filed 09/30/19 Entered 09/30/19 16:28:42 Desc Main

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