IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Newport News Division

In re: RICHARD PATRICK MONAHAN

KRISTIN POWELL MONAHAN

Debtors

Chapter 13

Case No.: 19-51575-SCS

OBJECTION TO CONFIRMATION OF THE 

CHAPTER 13 PLAN BY THE STANDING TRUSTEE AND

NOTICE OF OBJECTION TO CONFIRMATION OF THE 

CHAPTER 13 PLAN BY THE STANDING TRUSTEE AND

NOTICE OF HEARING

Michael P. Cotter, Chapter 13 Standing Trustee, respectfully objects to confirmation by the Court 

of a Plan submitted by the above Debtors, filed, November 11, 2019, on the following grounds, to-wit:

OBJECTION TO CONFIRMATION:

1. The debtors have scheduled unsecured debts that far exceed the debt limits under Section 

109(e). The debtors are ineligible to file a Chapter 13. 

2. At the meeting of creditors, both Debtors stated that they have recently obtained employment. 

Accordingly, amendments to the Schedules are necessary. 

3. The Debtors purchased two expensive vehicles in 2018---one with a lien of approximately 

$64,700 and the other with a lien of approximately $73,400. The Trustee objects to the 

Debtors’ proposed retention of the 2018 Ford Expedition with the lien of $73,400. The 

Trustee submits that such vehicle is not necessary for the Debtors’ reasonable rehabilitation. 

4. The Trustee objects to the Debtors’ retention of the Hilton timeshare located in Orlando, 

Florida.

WHEREFORE, the Standing Trustee objects to confirmation of the proposed Chapter 13 Plan.

Michael P. Cotter

VSB No. 19526

Chapter 13 Standing Trustee

870 Greenbrier Circle, Suite 402

Chesapeake, VA 23320

(757) 961-3000

Case 19-51575-SCS Doc 26 Filed 01/03/20 Entered 01/03/20 10:26:56 Desc Main

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Michael P. Cotter, Chapter 13 Standing Trustee, has filed papers with the Court objecting to 

confirmation of your Chapter 13 Plan dated, November 11, 2019, which was filed in this bankruptcy 

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 reflief sought in the Objection, or if you want the Court to 

consider your views on the Objection, then you or your attorney must:

Attend the HEARING scheduled to be held on Friday, January 10, 2020 10:00 am. The 

hearing will be held in United States Bankruptcy Court for the Eastern District of Virginia, Newport 

News Division, 2400 West Avenue, Newport News, Virginia.

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.

Local Bankruptcy Rule 3015-2(D)(3) provides that as soon as possible after the filing of an 

objection, counsel are directed to communicate in an effort to settle the objection well in advance of any 

scheduled hearing on objection to confirmation.

NOTICE OF OBJECTION TO CONFIRMATION:

Michael P. Cotter

VSB No. 19526

Chapter 13 Standing Trustee

870 Greenbrier Circle, Suite 402

Chesapeake, VA 23320

(757) 961-3000

Case 19-51575-SCS Doc 26 Filed 01/03/20 Entered 01/03/20 10:26:56 Desc Main

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NOTICE OF HEARING ON OBJECTION:

NOTICE IS HEREBY GIVEN that a HEARING on the foregoing Objection to Confirmation 

will be convened on Friday, January 10, 2020 10:00 am. The hearing will be held in United States 

Bankruptcy Court for the Eastern District of Virginia, Newport News Division, 2400 West Avenue, 

Newport News, Virginia.

/s/ Michael P. Cotter

Michael P. Cotter

Chapter 13 Standing Trustee

CERTIFICATE OF SERVICE

I hereby certify that a true copy of the foregoing Objection to Confirmation and Notice was sent via 

First Class mail or Electronic Notice this 3rd day of January, 2020 to:

RICHARD PATRICK MONAHAN

KRISTIN POWELL MONAHAN

27 WORNOM FARM ROAD

POQUOSON, VA 23662

CHARLES G. HAVENER, ESQ

HAVEN LAW GROUP P.C.

2021 CUNNINGHAM DRIVE

SUITE 310

HAMPTON, VA 23666

(via Electronic Notice)

/s/ Michael P. Cotter

Michael P. Cotter

Chapter 13 Standing Trustee

Michael P. Cotter

VSB No. 19526

Chapter 13 Standing Trustee

870 Greenbrier Circle, Suite 402

Chesapeake, VA 23320

(757) 961-3000

Case 19-51575-SCS Doc 26 Filed 01/03/20 Entered 01/03/20 10:26:56 Desc Main

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