Elizabeth C. Brogan

Counsel for Suzanne E. Wade, Chapter 13 Trustee

Virginia State Bar Number 76539

1313 East Main Street, Suite A

Post Office Box 1780

Richmond, Virginia 23218-1780

(804) 775-0979

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

 In re: Aaron Hunter Barbour, Debtor ) Case No. 15-36345-KLP

 ) 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 December 8, 2015, 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 11, 2015 under 11 

U.S.C. Chapter 13.

2. This Objection is filed pursuant to 11 U.S.C. § 1325(b)(1)(B).

3. The above-filed Chapter 13 case is not eligible for confirmation due to the Debtor’s failure 

to propose a Plan dedicating his disposable monthly income to unsecured creditors for the 

applicable commitment period of the case. The above-median Debtor’s Form 122C-2 

indicates he has a disposable monthly income of $680.33, which would provide unsecured 

creditors a total of $40,819.80 over the life of a 60-month case. By comparison, the Debtor’s 

Plan proposes payment of a 6% dividend of an estimated $74,719.00 in unsecured debts.

4. The Trustee would suggest the Debtor’s Plan fails to meet the requirements of 11 U.S.C. § 

1325(b)(1)(B), and requests the Debtor file an amended Chapter 13 Plan increasing the 

dividend paid to unsecured creditors.

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.

 Date: February 5, 2016 /s/ Elizabeth C. Brogan . 

 Elizabeth C. Brogan, Counsel for

 Suzanne E. Wade, Chapter 13 Trustee 

Case 15-36345-KLP Doc 19 Filed 02/05/16 Entered 02/05/16 08:39:57 Desc Main

 Document Page 1 of 4
Elizabeth C. Brogan

Counsel for Suzanne E. Wade, Chapter 13 Trustee

Virginia State Bar Number 76539

1313 East Main Street, Suite A

Post Office Box 1780

Richmond, Virginia 23218-1780

(804) 775-0979

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 5th day of February, 2016, upon the following 

parties:

Aaron Hunter Barbour

4500 Marshall Run Cir. Apt. 307 

Glen Allen, VA 23059

John G. Merna, Counsel for Debtor

The Merna Law Group, P.C. 

3419 Virginia Beach Boulevard, #236 

Virginia Beach, VA 23452 

court@mernalaw.com

Patti H. Bass, Counsel for United Consumer Financial Serv

Bass & Associates, P.C. 

3936 E. Ft. Lowell Rd., Suite 200 

Tucson, AZ 85712 

ecf@bass-associates.com

 /s/ Elizabeth C. Brogan . 

 Elizabeth C. Brogan, Counsel for

 Suzanne E. Wade, Chapter 13 Trustee 

Case 15-36345-KLP Doc 19 Filed 02/05/16 Entered 02/05/16 08:39:57 Desc Main

 Document Page 2 of 4
Elizabeth C. Brogan

Counsel for Suzanne E. Wade, Chapter 13 Trustee

Virginia State Bar Number 76539

1313 East Main Street, Suite A

Post Office Box 1780

Richmond, Virginia 23218-1780

(804) 775-0979

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

 In re: Aaron Hunter Barbour, Debtor ) Case No. 15-36345-KLP

) Chapter 13

 4500 Marshall Run Cir. Apt. 307 )

 Glen Allen, VA 23059 )

)

 XXX-XX-2013 )

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 December 8, 2015.

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

Post Office Box 1780

Richmond, Virginia 23218-1780

Case 15-36345-KLP Doc 19 Filed 02/05/16 Entered 02/05/16 08:39:57 Desc Main

 Document Page 3 of 4
Elizabeth C. Brogan

Counsel for Suzanne E. Wade, Chapter 13 Trustee

Virginia State Bar Number 76539

1313 East Main Street, Suite A

Post Office Box 1780

Richmond, Virginia 23218-1780

(804) 775-0979

_X_ Attend the hearing on the Objection, scheduled to be held on February 17, 2016 at 

9:10 a.m. at United States Bankruptcy Court, 701 East Broad Street, Room 5100, 

Richmond, VA 23219.

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: February 5, 2016 /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 5th day of February, 2016, upon 

the following parties:

Aaron Hunter Barbour

4500 Marshall Run Cir. Apt. 307 

Glen Allen, VA 23059

John G. Merna, Counsel for Debtor

The Merna Law Group, P.C. 

3419 Virginia Beach Boulevard, #236 

Virginia Beach, VA 23452 

court@mernalaw.com

Patti H. Bass, Counsel for United Consumer Financial Serv

Bass & Associates, P.C. 

3936 E. Ft. Lowell Rd., Suite 200 

Tucson, AZ 85712 

ecf@bass-associates.com

 

 /s/ Elizabeth C. Brogan . 

 Elizabeth C. Brogan, Counsel for

 Suzanne E. Wade, Chapter 13 Trustee 

Case 15-36345-KLP Doc 19 Filed 02/05/16 Entered 02/05/16 08:39:57 Desc Main

 Document Page 4 of 4