UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA 

RICHMOND DIVISION 

IN RE: 

LeMar Allen Bowers 

Debtor(s) 

BCN#: 19-33915-KRH 

Chapter: 13 

NOTICE OF MOTION (OR OBJECTION) 

Carrington Mortgage Services, LLC has filed papers with the court objecting to the 

confirmation of the proposed 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 grant the relief sought in the Objection, or if you want the 

court to consider your views on the Objection, then on or before March 24, 2020, you or your 

attorney must: 

 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. 

U.S. Bankruptcy Court 

701 East Broad Street, 

Suite 4000 

Richmond, VA 23219 

You must also send a copy to: 

Gregory N. Britto, Esquire 

Malcolm B. Savage, III, Esquire 

William M. Savage, Esquire 

Mary F. Balthasar Lake, Esquire 

Nicole McKenzie, Esquire 

SHAPIRO & BROWN, LLP 

501 Independence Parkway, Suite 203 

Chesapeake, Virginia 23320 

(703) 449-5800 

 Attend a hearing to be scheduled on 4/8/2020 at 11:10 AM at Judge Huennekens' 

Courtroom, 701 E. Broad St., Rm. 5000, Richmond, Virginia. If no timely 

response has been filed opposing the relief requested, the court may grant the 

relief without holding a hearing. 

Case 19-33915-KRH Doc 58 Filed 03/09/20 Entered 03/09/20 13:26:37 Desc Main

Document Page 1 of 4
If you or your attorney do not take these steps, the court may decide that you do not 

oppose the relief sought in the motion or objection and may enter an order granting that relief. 

Dated: March 9, 2020 SHAPIRO & BROWN, LLP 

Attorneys for Carrington Mortgage Services, LLC 

By: /s/ Mary F. Balthasar Lake 

Malcolm B. Savage, III, Esquire VSB #91050 

William M. Savage, Esquire VSB #26155 

Mary F. Balthasar Lake, Esquire VSB #34899 

Gregory N. Britto, Esquire VSB #23476 

Nicole McKenzie, Esquire VSB #93990 

SHAPIRO & BROWN, LLP 

501 Independence Parkway, Suite 203 

Chesapeake, Virginia 23320 

(703) 449-5800 

CERTIFICATE OF SERVICE 

I certify that I have this 9th day of March, 2020, electronically transmitted and/or mailed 

by first class mail, postage pre-paid or hand-delivered a true copy of the foregoing Notice of 

Motion (or Objection) to the following: 

James E. Kane Carl M. Bates LeMar Allen Bowers 

Kane & Papa, PC P. O. Box 1819 10250 Scots Landing Road 

1313 East Cary Street Richmond, VA 23218 Mechanicsville, VA 23116 

PO Box 508 

Richmond, VA 23218-0508 

/s/ Mary F. Balthasar Lake 

Gregory N. Britto, Esquire 

Malcolm B. Savage, III, Esquire 

William M. Savage, Esquire 

Mary F. Balthasar Lake, Esquire 

Nicole McKenzie, Esquire 

Gregory N. Britto, Esquire 

Malcolm B. Savage, III, Esquire 

William M. Savage, Esquire 

Mary F. Balthasar Lake, Esquire 

Nicole McKenzie, Esquire 

Shapiro & Brown, LLP Attorney for 

Carrington Mortgage Services, LLC 

501 Independence Parkway, Suite 203 

Chesapeake, Virginia 23320 

(703) 449-5800 16-262840 

Case 19-33915-KRH Doc 58 Filed 03/09/20 Entered 03/09/20 13:26:37 Desc Main

Document Page 2 of 4
UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA 

RICHMOND DIVISION 

IN RE: 

LeMar Allen Bowers 

Debtor(s) 

BCN#: 19-33915-KRH 

Chapter: 13 

OBJECTION OF CARRINGTON MORTGAGE SERVICES, LLC 

TO PROPOSED CHAPTER 13 PLAN AND 

CONFIRMATION THEREOF 

Carrington Mortgage Services, LLC, and its assignees and/or successors in interest, a 

secured creditor in the above-entitled Bankruptcy proceeding, hereby submits the following 

objections to the confirmation of the Chapter 13 Plan proposed by Debtor: 

1. This objecting secured creditor is the beneficiary of a trust deed on property 

commonly known as 1204 ALCINDOR RD, Portsmouth, VA 23701; the promissory note and 

deed of trust were attached to the proof of claim filed by the secured creditor. 

2. The debtor is due for Principal and interest in the amount of $32,236.20, 

Prepetition fees in the amount of $10,935.59, an Escrow deficiency for funds advanced in the 

amount of $6,682.54, a Projected escrow shortage in the amount of $711.12, less funds on hand 

in the amount of $1,124.09. 

3. The proposed Plan does not set forth a reasonable schedule and time period for 

the payment of arrearages on the deed of trust. 

4. The proposed Chapter 13 plan does not provide this objecting secured creditor 

with adequate protection or adequate security, according to Sections 362 and 1325(a) of the 

Code. 

5. As indicated by the debtor's payment history and schedules, the Plan is not 

feasible. 

6. The Plan states the arrears are to be cured through a pending loan modification, 

but the Plan does not include provisions for what happens if the loan modification is not 

successful or set forth a reasonable timeframe for the loan modification to be completed. 

/s/ Mary F. Balthasar Lake 

Gregory N. Britto, Esquire 

Malcolm B. Savage, III, Esquire 

William M. Savage, Esquire 

Mary F. Balthasar Lake, Esquire 

Nicole McKenzie, Esquire 

Shapiro & Brown, LLP 

501 Independence Parkway, Suite 203 

Chesapeake, Virginia 23320 

(703) 449-5800 16-262840 

Case 19-33915-KRH Doc 58 Filed 03/09/20 Entered 03/09/20 13:26:37 Desc Main

Document Page 3 of 4
CONCLUSION 

Any Chapter 13 Plan proposed by Debtors must provide for and eliminate the objections 

specified above in order to be feasible and to provide adequate protection to this objecting 

secured creditor. It is respectfully requested that confirmation of the Chapter 13 Plan as 

proposed by Debtor be denied. 

WHEREFORE, secured creditor prays as follows: 

1. That confirmation of the proposed Chapter 13 Plan be denied. 

2. For attorney's fees and costs incurred herein. 

3. That a hearing be held April 8, 2020, at 11:10 am at Judge Huennekens' 

Courtroom, 701 E. Broad St., Rm. 5000, Richmond, Virginia on this objection. 

4. For such other relief as this Court deems proper. 

Dated: March 9, 2020 Respectfully submitted 

Carrington Mortgage Services, LLC 

By Counsel: 

/s/ Mary F. Balthasar Lake 

Gregory N. Britto, Esquire 

Malcolm B. Savage, III, Esquire 

William M. Savage, Esquire 

Mary F. Balthasar Lake, Esquire 

Nicole McKenzie, Esquire 

Shapiro & Brown, LLP 

501 Independence Parkway, Suite 203 

Chesapeake, Virginia 23320 

(703) 449-5800 

I certify that I have electronically transmitted and/or mailed true copies of the above Objections 

to the Chapter 13 Plan, by First Class Mail, postage prepaid on this 9th day of March, 2020 to the 

following: 

James E. Kane Carl M. Bates LeMar Allen Bowers 

Kane & Papa, PC P. O. Box 1819 10250 Scots Landing Road 

1313 East Cary Street Richmond, VA 23218 Mechanicsville, VA 23116 

PO Box 508 

Richmond, VA 23218-0508 

/s/ Mary F. Balthasar Lake 

Gregory N. Britto, Esquire 

Malcolm B. Savage, III, Esquire 

William M. Savage, Esquire 

Mary F. Balthasar Lake, Esquire 

Nicole McKenzie, Esquire 

16-262840 

Case 19-33915-KRH Doc 58 Filed 03/09/20 Entered 03/09/20 13:26:37 Desc Main

Document Page 4 of 4