Daniel Ross 

VA Bar #79727

Attorney for Creditor

McCalla Raymer Leibert Pierce, LLP

777 108th Ave NE, Ste 1895

Bellevue, WA 98004

425-458-3378

Daniel.Ross@mccalla.com

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

IN RE:

JOSEPH ANTHONY NICOTERA,

CAROLYN MARIE NICOTERA,

AKA CAROLINE NICOTERA, 

Debtor.

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BANKRUPTCY CASE

NO.: 20-31700-KLP

CHAPTER 13

OBJECTION TO CONFIRMATION

COMES NOW Bayview Loan Servicing, LLC, by Community Loan Servicing, LLC, the 

servicing agent (hereinafter known as "Creditor"), a secured creditor holding a Mortgage against 

the real property commonly known as 7671 Otterspool Street, Kissimmee, FL 34747 (the 

"Property"), and for the reasons stated below, objects to confirmation of Debtors' Chapter 13 

plan (Doc. No. 66) (the "Plan").

1.

Debtor's Plan fails to provide for payment of any prepetition arrearage amount to 

Creditor. The actual prepetition arrearage amount owed to Creditor on its loan is $19,493.45 as 

set forth in its Proof of Claim filed in this case on May 29, 2020 as claim (9-1). Confirmation of 

the Plan should be denied until Debtor amends the Plan to properly treat Creditor’s claim. With 

the inclusion of the above arrearage amount, the Debtor’s Plan as proposed is not feasible. 

Debtor’s plan is also unclear as to whether the Debtor intends to make regular contractual 

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payments for Creditor’s claim. Debtor’s plan should be denied until it is amended to properly 

provide for the full treatment of Creditor’s claim. 

2.

Creditor reserves the right to raise the failure of Debtors to have made post-petition 

mortgage payments if at the time of the confirmation hearing that appears to be the case. 

WHEREFORE, Creditor prays that the Court will:

1. Deny confirmation,

2. Award reasonable attorney’s fees, and

3. Grant such other and further relief as is just and equitable.

Daniel Ross 

VA Bar #79727

Attorney for Creditor

McCalla Raymer Leibert Pierce, LLP

777 108th Ave NE, Ste 1895

Bellevue, WA 98004

425-458-3378

Daniel.Ross@mccalla.com

/s/ Daniel Ross

Case 20-31700-KLP Doc 76 Filed 06/09/21 Entered 06/09/21 17:41:13 Desc Main

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Bankruptcy Case No.: 20-31700-KLP

Chapter: 13

CERTIFICATE OF SERVICE

I, Daniel Ross, of MCCALLA RAYMER PIERCE, LLP, 777 108th Ave NE, Ste 

1895, Bellevue, WA 98004, certify:

That I am, and at all times hereinafter mentioned, was more than 18 years of age;

That on the date below, I served a copy of the within OBJECTION TO 

CONFIRMATION filed in this bankruptcy matter on the following parties at the addresses 

shown, by regular United States Mail, with proper postage affixed, unless another manner of 

service is expressly indicated:

Joseph Anthony Nicotera

1415 Heatherstone Drive

Fredericksburg, VA 22407

Carolyn Marie Nicotera

1415 Heatherstone Drive

Fredericksburg, VA 22407

James E. Kane (served via ECF Notification)

Kane & Papa, PC

1313 East Cary Street

P.O. Box 508

Richmond, VA 23218-0508

Suzanne E. Wade, Trustee (served via ECF Notification)

P.O.Box 1780

Richmond, VA 23218

U.S. Trustee (served via ECF Notification)

John P. Fitzgerald, III

Office of the US Trustee – Region 4-R

701 E. Broad Street, Ste. 4304

Richmond, VA 23219

I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND 

CORRECT.

Executed on: 6/9/2021 By: /s/Daniel Ross

(date) Daniel Ross, VA #79727

Attorney for Creditor

Case 20-31700-KLP Doc 76 Filed 06/09/21 Entered 06/09/21 17:41:13 Desc Main

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