Susan H. Call, Esquire

Staff Counsel for

Carl M. Bates, Chapter 13 Trustee

P.O. Box 1819

Richmond, VA 23218-1819

(804) 237-6800

VSBN 34367

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

In re: Jesse Albert Moore ) Case No: 20-31195

dba 401 WEST BROAD STREET, LLC ) Chapter 13

OBJECTION TO CONFIRMATION

 

COMES NOW, Susan H. Call, Counsel for Carl M. Bates the Chapter 13 Trustee, and moves this Court 

to deny confirmation of the Chapter 13 Plan filed on September 23, 2020, for the cause as follows:

1. The Debtors filed this Chapter 13 Petition on March 3, 2020 under 11 U.S.C. Chapter 13, now 

pending in the United States Bankruptcy Court, Eastern District of Virginia, Richmond Division.

2. This Objection is filed pursuant to 11 U.S.C. 1325.

3. The above filed Chapter 13 Plan fails to pay the equivalent distribution to unsecured creditors that 

they would receive under the Chapter 7 liquidation analysis, shown by:

a. The debtor has substantial assets to include real estate, land, jewelry and vehicles that have 

substantial equity as well as claims against other entities.

b. The debtor is relying on a “Lump sum in month 12 to come from sale of real property 

anticipated as a result of motion to set aside transfer filed by Debtor” to fund the plan with 

the lump sum due in month 12 in the amount of $85,600.00.

c. The debtor is in month seven and no Motion to Set Aside the Transfer has been filed by the 

debtor. This payment is speculative and set too far out in time.

d. Based upon belief and evidence, the debtor understates the value of real estate disclosed on 

Schedule A as 4252 Frederick Farms Drive, Midlothian, VA, valued as $135,000.00, but the 

tax assessed value is $273,800.00. The Trustee believes the debtor has the address wrong or 

there is a second parcel of real estate. The proof of value provided is 4242 Frederick Farms 

Drive.

e. The Trustee suggests that all liquidation requirements, requirements be met. 

WHEREFORE, for the reasons stated herein, the Chapter 13 Trustee, by Counsel, Susan H. Call, 

respectfully moves the Court to deny confirmation of the Debtors’ proposed Chapter 13 Plan as filed with the 

Court, and for such further and other relief as in the premises may seem just.

Date: October 26, 2020 /s/Susan H. Call

Susan H. Call, Counsel for

Carl M. Bates, Chapter 13 Trustee

Case 20-31195-KLP Doc 57 Filed 10/26/20 Entered 10/26/20 14:05:50 Desc Main

Document Page 1 of 4
Susan H. Call, Esquire

Staff Counsel for

Carl M. Bates, Chapter 13 Trustee

P.O. Box 1819

Richmond, VA 23218-1819

(804) 237-6800

VSBN 34367

Certificate of Service

I hereby certify that on October 26, 2020, I have mailed or hand-delivered a true copy of the foregoing 

Objection to Confirmation to the debtor(s), Jesse Albert Moore, 208 Fulham Circle, Richmond, VA 23227 and 

electronically sent to debtor’s attorney, Kimberly Alice Chandler, Esquire, kim@chandlerplc.com.

/s/Susan H. Call

Susan H. Call, Counsel for

Carl M. Bates

Chapter 13 Trustee

Case 20-31195-KLP Doc 57 Filed 10/26/20 Entered 10/26/20 14:05:50 Desc Main

Document Page 2 of 4
Susan H. Call, Esquire

Staff Counsel for

Carl M. Bates, Chapter 13 Trustee

P.O. Box 1819

Richmond, VA 23218-1819

(804) 237-6800

VSBN 34367

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

In re: Jesse Albert Moore ) Case No: 20-31195

dba 401 WEST BROAD STREET, LLC ) Chapter 13

Debtor Address 208 Fulham Cir

Richmond, VA 23227

Last four digits of Social Security No(s).: 4189

NOTICE OF OBJECTION TO CONFIRMATION

Susan H. Call, Counsel for Carl M. Bates the Chapter 13 Trustee, has filed papers with the Court 

objecting to confirmation of your Chapter 13 Plan, which was filed in this case.

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 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.

Clerk of Court

United States Bankruptcy Court

701 East Broad Street, Suite 4000

Richmond, VA 23219

You must also mail a copy to:

Susan H. Call, Counsel for 

Carl M. Bates

Chapter 13 Trustee

P.O. Box 1819

Richmond, VA 23218

Case 20-31195-KLP Doc 57 Filed 10/26/20 Entered 10/26/20 14:05:50 Desc Main

Document Page 3 of 4
Susan H. Call, Esquire

Staff Counsel for

Carl M. Bates, Chapter 13 Trustee

P.O. Box 1819

Richmond, VA 23218-1819

(804) 237-6800

VSBN 34367

Attend a hearing to be scheduled at a later date. You will receive separate notice of hearing. If 

no timely response has been filed opposing the relief requested, the court may grant the relief without 

holding a hearing.

 X Attend the hearing on the objection scheduled to be held on November 4, 2020 at 9:10 am at 

United States Bankruptcy Court, 701 East Broad Street, Richmond, VA 23219, Room 5100.

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: October 26, 2020 /s/Susan H. Call

Susan H. Call, Counsel for 

Carl M. Bates

Chapter 13 Trustee

P.O. Box 1819

Richmond, VA 23218-1819

VSBN 34367

Certificate of Service

I hereby certify that on October 26, 2020, I have mailed or hand-delivered a true copy of the foregoing 

Notice of Objection to Confirmation to the debtor(s), Jesse Albert Moore, 208 Fulham Circle, Richmond, VA 23227

and electronically sent to debtor’s attorney, Kimberly Alice Chandler, Esquire, kim@chandlerplc.com.

/s/Susan H. Call

Susan H. Call, Counsel for 

Carl M. Bates

Chapter 13 Trustee

Case 20-31195-KLP Doc 57 Filed 10/26/20 Entered 10/26/20 14:05:50 Desc Main

Document Page 4 of 4