UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Alexandria Division

In Re:

PATRICK E MCCANN,

Address: 2226 Gunsmith Square, Reston, VA 20191

Last four digits of Social Security No.: 3893

Chapter 13

Debtor. Case No: 19-13777-KHK

NOTICE OF OBJECTION TO CONFIRMATION OF THE CHAPTER 13 PLAN

Freedom Mortgage Corporation, a creditor herein, has filed papers with the Court

objecting to confirmation of your 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 sustain the objection which may result in confirmation of

your plan being denied, or if you want the Court to consider your views on the Objection to

Confirmation of the Chapter 13 plan, then on or before January 28, 2020, you or your attorney

must:

File with the Court a written response, explaining your position at:

William C Redden, Clerk

U.S. Bankruptcy Court

Alexandria Division

200 South Washington Street

Alexandria, VA 22314

If you mail your 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.

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You must also mail a copy to:

Robyn D. Pepin, Esquire

John J. Chappell, III, Esquire

Vanessa S. Carter, Esquire

Glasser and Glasser, P.L.C.

Crown Center, Suite 600

580 East Main Street

Norfolk, Virginia 23510

Attend the hearing scheduled to be held on January 30, 2020 at 01:30 PM at Courtroom

III, U.S. Bankruptcy Court, 200 South Washington Street, 3rd Floor, Alexandria, VA 22314.

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 to Confirmation of the Chapter 13 plan and may enter

an Order granting that relief.

Date: January 22, 2020 Signature: _/s/ Robyn D. Pepin_________

Name: Robyn D. Pepin, VSB #77784

John J. Chappell, III, VSB #88617

Vanessa S. Carter, VSB #86104

Glasser and Glasser, P.L.C.

Crown Center, Suite 600

580 East Main Street

Norfolk, Virginia 23510

CERTIFICATE OF SERVICE

I hereby certify that on January 22, 2020, a true copy of the foregoing Notice of

Objection to Confirmation of the Chapter 13 Plan was submitted for electronic transmittal to

John D. Sawyer, Attorney for Debtor, and to Thomas P. Gorman, Trustee, and was mailed, first

class, postage prepaid, to Thomas P. Gorman, Trustee, at 300 N. Washington St., Ste. 400,

Alexandria, VA 22314 and to Patrick E McCann, Debtor, at 2226 Gunsmith Square, Reston, VA

20191.

_/s/ Robyn D. Pepin_____________

Robyn D. Pepin, VSB #77784

John J. Chappell, III, VSB #88617

Vanessa S. Carter, VSB #86104

Glasser and Glasser, P.L.C.

Crown Center, Suite 600

580 East Main Street

Norfolk, Virginia 23510

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UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Alexandria Division

In Re:

PATRICK E MCCANN,

Chapter 13

Debtor. Case No: 19-13777-KHK

OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN

NOW COMES Freedom Mortgage Corporation, a creditor herein, and objects to

confirmation of the Debtor`s Chapter 13 Plan dated and filed December 9, 2019 on the following

grounds:

1. That on or about November 18, 2019, the Debtor filed a voluntary petition for

relief under Chapter 13 of the Bankruptcy Code.

2. That Thomas P. Gorman was appointed Trustee, has qualified and is now acting.

3. That at the time of the filing of the Debtor's petition herein, the Debtor had an

ownership interest in certain real property and improvements having a street address of 2226

Gunsmith Square, Reston, VA 20191 (the "Property").

Robyn D. Pepin, VSB #77784

John J. Chappell, III, VSB #88617

Vanessa S. Carter, VSB #86104

Glasser and Glasser, P.L.C.

Crown Center, Suite 600

580 East Main Street

Norfolk, Virginia 23510

(757) 625-6787

Attorneys for Freedom Mortgage Corporation

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4. That Freedom Mortgage Corporation is the present holder of a Deed of Trust Note

in the original principal amount of $191,015.00 with interest accruing thereon, which Note is

secured by a Deed of Trust on the Property. True copies of the aforementioned Note and Deed of

Trust are attached hereto and incorporated herein by reference as Exhibits "A" and "B",

respectively.

5. That the Debtor's Chapter 13 Plan (the "Plan") provides for payment of this

creditor's indebtedness through Section 6A, but fails to provide for payment of the actual amount

of pre-petition arrearages due this creditor. As a result, the Plan fails to adequately provide for

the arrearages due this creditor. It is submitted that the actual arrearages due Freedom Mortgage

Corporation in connection with its secured claim are $75,916.69. As a result of the failure of the

Plan to provide for said arrearages, and taking into account the proposed funding of the Plan as

more particularly set forth hereinbelow, it is submitted that the Plan cannot be confirmed as a

matter of law. Further, the failure of the Plan to provide for said arrearages prevents this creditor

from receiving payment in full during the term of the Plan proposed by the Debtor, thereby also

denying adequate protection.

6. That the Plan is not feasible because the funding provided therein is in the total

amount of $33,750.00, which amount is insufficient to satisfy the aforesaid pre-petition

arrearages plus any remaining distributions proposed to be paid to the Trustee, Debtor's counsel

and any unsecured creditors designated in the Debtor's schedules filed herein. Notwithstanding

the proposal to sell the subject real property and improvements, there are no assurances that

same will occur. To the extent that the Plan must provide for payment of this creditor's arrearages

in full, the understatement of arrearages in the proposed Plan creates a deficit in funding

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sufficient to satisfy the aforementioned arrearages while maintaining a required distribution to

unsecured creditors.

7. That while Section 12 of the Plan provides for sale of the property to pay the claim

of this creditor in full, the Plan fails to qualify when the 6 month sale period will begin and end.

Additionally, the Plan provides no assurances that the indebtedness held by this secured creditor

will be paid in full as a result of such sale. It is submitted that Plan funding based upon a hope for

a sale sufficient to pay same is speculative. Based upon the foregoing, the Plan cannot be

confirmed as a matter of law.

8. That the Plan further fails to specify how this creditor's secured claim will be

treated should a sale fail to be effectuated within the stated 6 month timeframe.

9. That as a result of the failure of the Debtor`s Plan to make adequate provision for

payment of the aforesaid pre-petition arrearages and the Plan's inadequate funding as

hereinabove alleged, the Debtor`s Chapter 13 Plan cannot be confirmed.

10. That additionally, for the foregoing reasons, the Debtor's Plan cannot provide that

the arrearages due Freedom Mortgage Corporation on account of its Deed of Trust indebtedness

on the Property will be paid within a reasonable time pursuant to the provisions of 11 U.S.C.

Section 1322(b)(5).

11. That Freedom Mortgage Corporation submits further that the Debtor's Plan

violates 11 U.S.C. Section 1325(a)(1) as it conflicts with 11 U.S.C. Sections 1325(a)(5) and

1325(a)(6). Accordingly, the Debtor's Chapter 13 Plan is not confirmable as a matter of law as it

fails to comply with all applicable provisions of the Bankruptcy Code pursuant to 11 U.S.C.

Section 1325(a)(1).

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WHEREFORE, Freedom Mortgage Corporation, a creditor herein, by counsel, prays that

confirmation of the Debtor`s Chapter 13 Plan be denied and that it be awarded its attorney's fees

and costs herein incurred.

FREEDOM MORTGAGE CORPORATION

By /s/ Robyn D. Pepin

Of Counsel

CERTIFICATE OF SERVICE

I hereby certify that on January 22, 2020, a true copy of the foregoing Objection was

submitted for electronic transmittal to John D. Sawyer, Attorney for the Debtor, and to Thomas P.

Gorman, Trustee, and was mailed, first class, postage prepaid, to Thomas P. Gorman, Trustee, at

300 N. Washington St., Ste. 400, Alexandria, VA 22314 and to Patrick E McCann, Debtor, at

2226 Gunsmith Square, Reston, VA 20191.

/s/ Robyn D. Pepin

Robyn D. Pepin, VSB #77784

John J. Chappell, III, VSB #88617

Vanessa S. Carter, VSB #86104

Glasser and Glasser, P.L.C.

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