UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division

In re: 

Lori A Sutphin

 AKA Lori Beth Ashcraft

Debtor

Chapter 13

Case No. 21-30254-KLP

_______________________________________

OBJECTION TO CONFIRMATION

U.S. Bank Trust National Association, as Trustee of Dwelling Series IV Trust (“U.S. Bank”) by 

its undersigned attorneys, Orlans PC, hereby objects to the confirmation of the Chapter 13 plan 

filed by the Debtor Lori A Sutphin (“Debtor”), and as grounds therefore states as follows:

1. On or about June 30, 2005, James E. Sutphin executed and delivered to Prosperity 

Mortgage Company a promissory note (the “Note”) in the amount of TWO HUNDRED 

FIFTY-TWO THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS 

($252,500.00), plus interest at the fixed rate of 5.75% per annum, to be paid over thirty 

(30) years.

2. Lori A Sutphin and James E. Sutphin executed a Deed of Trust to Prosperity Mortgage 

Company dated June 30, 2005. The Deed of Trust is a first mortgage on real property 

owned by the Debtor known and numbered as 8314 Mendenhall Place, Mechanicsville, 

VA 23111.

3. The Deed of Trust is materially in default.

4. The Debtor’s Plan treats U.S. Bank’s claim in section 4(a), the cramdown section of a 

Chapter 13 plan, as opposed to section 6(a).

Case 21-30254-KLP Doc 19 Filed 03/03/21 Entered 03/03/21 15:38:36 Desc Main

Document Page 1 of 5
5. The Property is the Debtor’s principal residence within the meaning of 11 U.S.C. § 

1322(b)(2) and U.S. Bank’s secured claim cannot be modified.

WHEREFORE, U.S. Bank Trust National Association, as Trustee of Dwelling Series IV 

Trust, by and through its attorneys prays that Confirmation be denied with leave to amend.

Date: March 3, 2021

Respectfully submitted,

/s/Daniel K. Eisenhauer__________

Daniel K. Eisenhauer, Bar #85242

Orlans PC

PO Box 2548

Leesburg, VA 20177

(703) 777-7101

Attorneys for U.S. Bank Trust National Association, 

as Trustee of Dwelling Series IV Trust 

deisenhauer@orlans.com

Case 21-30254-KLP Doc 19 Filed 03/03/21 Entered 03/03/21 15:38:36 Desc Main

Document Page 2 of 5
UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division

IN RE:

LORI A SUTPHIN

 AKA LORI BETH ASHCRAFT

Debtor

Chapter 13

Case No. 21-30254-KLP

U.S. BANK TRUST NATIONAL 

ASSOCIATION, AS TRUSTEE OF 

DWELLING SERIES IV TRUST

Movant

v.

LORI A SUTPHIN

 AKA LORI BETH ASHCRAFT

8314 MENDENHALL PLACE

MECHANICSVILLE, VA 23111

(Debtor)

SUZANNE E. WADE

341 DIAL 877-996-8484 CODE 2385911, 

7202 GLEN FOREST DRIVE, STE. 202

RICHMOND, VA 23226

(Trustee)

Respondents

NOTICE OF OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN

AND NOTICE OF HEARING 

U.S. Bank Trust National Association, as Trustee of Dwelling Series IV Trust has filed an 

objection to your Chapter 13 plan in this bankruptcy case.

Confirmation of your Chapter 13 plan may be denied. You should read these papers 

carefully and discuss them with your attorney, if you have one.

If you do not want the Court to deny confirmation of your plan, then you and your 

attorney must:

ATTEND THE HEARING TO BE HELD:

Case 21-30254-KLP Doc 19 Filed 03/03/21 Entered 03/03/21 15:38:36 Desc Main

Document Page 3 of 5
at: Judge Phillips’ Courtroom United States Bankruptcy Court Virginia, 701 East 

Broad Street, Richmond, VA 23219

on: April 21, 2021 at 9:10 AM

to consider and act upon Objection to Confirmation filed by U.S. Bank Trust National 

Association, as Trustee of Dwelling Series IV Trust

If you or your attorney do not take these steps, the Court may decide that you do not 

oppose the objection to confirmation.

Date: March 3, 2021

Respectfully submitted,

/s/Daniel K. Eisenhauer________

Daniel K. Eisenhauer, Bar #85242

Orlans PC

PO Box 2548

Leesburg, VA 20177

(703) 777-7101

Attorneys for U.S. Bank Trust National Association, 

as Trustee of Dwelling Series IV Trust 

deisenhauer@orlans.com

Case 21-30254-KLP Doc 19 Filed 03/03/21 Entered 03/03/21 15:38:36 Desc Main

Document Page 4 of 5
CERTIFICATE OF SERVICE

The undersigned states that on March 3, 2021, copies of the foregoing Objection to 

Confirmation were filed with the Clerk of the Court using the ECF system, which will send 

notification of such filing to the following:

Suzanne E. Wade

341 Dial 877-996-8484 Code 2385911, 7202 Glen Forest Drive, Ste. 202

Richmond, VA 23226

ecfsummary@ch13ricva.com

Bankruptcy Trustee

Henry W. McLaughlin, III

The Law Office of Henry McLaughlin, P.C.

Eighth and Main Building 707 East Main Street

Suite 1050

Richmond, VA 23219

Debtor’s Attorney 

and I hereby certify that I have caused to be mailed by first class mail, postage prepaid, copies of 

the foregoing Objection to Confirmation to the following non-ECF participants:

Lori A Sutphin

8314 Mendenhall Place

Mechanicsville, VA 23111

Debtor 

/s/Daniel K. Eisenhauer

Daniel K. Eisenhauer, Esquire

Case 21-30254-KLP Doc 19 Filed 03/03/21 Entered 03/03/21 15:38:36 Desc Main

Document Page 5 of 5