UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Alexandria Division

In re: )

)

SELENA L. JACKSON ) Case No. 19-13617-KHK

) Chapter 13

)

 )

Debtor. )

_________________________________________ )

OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN

COMES NOW, Mintbrook Community Association (hereinafter “Association”), a 

secured creditor, by counsel, and files this Objection to the Chapter 13 Plan of the Debtor dated 

November 15, 2019. In support of this Objection, the Association states as follows:

1. Debtor is the owner of 2995 Revere Street, Bealeton, VA 22712 (hereafter, the 

“Property”). The Association avers that the Property is Debtor’s principal residence.

2. The Property is subject to the recorded “Declaration for Mintbrook” (hereinafter 

“Declaration”) as recorded in Deed Book 1469, Page 533 among the land records of Fauqier 

County, Virginia, and the Virginia Property Owners Association Act, § 55.1-1800 et. seq., Code 

of Virginia (the “Act”). The Declaration and the Act were in effect when the Debtor filed her

petition and still are in effect as of the date of the filing of this Objection.

3. In accordance with Article 6, Section 6.4(a) of the Declaration, the Association 

has the authority to levy assessments against a lot owner subject to the Association’s governing 

documents.

4. Debtor’s pre-petition delinquency includes a debt of One Thousand Nine Hundred 

Fifty-One Dollars and Seventy-Four Cents ($1,951.74); One Thousand Eight Hundred Sixteen 

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Dollars and Seventy-Four Cents ($1,816.74) of which is secured by an assessment lien on the 

Property.

5. In her bankruptcy schedules, Debtor lists an unsecured debt owed to First Service 

Residential, the management company for the Association, at $2,000.00.

6. Accordingly, Debtor’s Plan fails to fully cure the Association’s secured claim and 

is therefore in violation of 11 U.S.C. §§ 1322(b)(2) and (5).

7. Additionally, this Plan’s failure to fully cure the pre-petition arrearage owed to 

the Association which is secured by the Property demonstrates that the Plan is not feasible and 

therefore in violation of 11 U.S.C. § 1325(a)(6).

WHEREFORE Mintbrook Community Association, a secured creditor by counsel, 

respectfully moves the Court to deny confirmation of the Debtor’s Chapter 13 plan dated 

November 15, 2019, along with such other relief as the Court deems is necessary and proper.

Respectfully submitted this 27th day of December 2019,

/s/ Jeremy C. Huang

Jeremy C. Huang, VSB 76861

CHADWICK WASHINGTON MORIARTY

ELMORE & BUNN, P.C.

3201 Jermantown Rd., Suite 600

Fairfax, VA 22030

TEL: 703-352-1900 / FAX: 703-352-5293

jhuang@chadwickwashington.com

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 27

th day of December 2019, a copy of the foregoing 

Objection to Confirmation and the Notice of Objection were served via the Court’s ECF system 

upon the following persons:

Thomas Gorman

Chapter 13 Trustee

300 N. Washington St., #400

Alexandria, VA 22314

John Paul Goetz

John Goetz Law, PLC

86 W. Shirley Avenue

Warrenton, VA 20186

Attorney for the Debtor

/s/ Jeremy C. Huang

Jeremy C. Huang

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