D. Carol Sasser, Esquire

Counsel for Plaintiff

Samuel I White, P.C.

Bar No. 28422

596 Lynnhaven Parkway

Suite 200

Virginia Beach, VA 23452

(757) 490-9284

File No. 77821

OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN

NOTICE

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 WISH THE COURT TO SUSTAIN THE OBJECTION SOUGHT HEREIN, OR IF YOU WANT THE COURT 

TO CONSIDER YOUR VIEWS ON THE OBJECTION, THEN YOU MUST ATTEND THE HEARING ON THIS MATTER, 

OTHERWISE, THE COURT MAY DEEM OPPOSITION WAIVED, TREAT THE OBJECTION AS CONCEDED, AND ISSUE 

AN ORDER SUSTAINING THE OBJECTION WITHOUT FURTHER NOTICE OR HEARING.

THE HEARING IS SCHEDULED TO BE HELD ON MARCH 4, 2021 AT 1:30 PM AT THE 

U.S. BANKRUPTCY COURT, ALEXANDRIA DIVISION, 200 S. WASHINGTON STREET, 

2

ND FLOOR, COURTROOM I, ALEXANDRIA, VA 22314.

COMES NOW, Global Lending Services LLC (“Secured Creditor”), by Counsel, and 

objects to the confirmation of the Chapter 13 Plan and the Motion to Value Collateral

contained therein (the “Plan”) and in support thereof, represents unto the Court:

1. Secured Creditor has a validly perfected security interest in a 2015 Subaru

Legacy, pursuant to a valid Retail Installment Sale Contract dated November 22, 2020 on 

which the Note rate of interest is 16.70%.

2. The Proof of Claim (Claim# 7-1) filed on February 2, 2021 by this Secured 

Creditor establishes a total debt of $17,313.40 due as of January 12, 2021.

3. The Plan impermissibly attempts to modify this Secured Creditor’s claim. 

Pursuant to 11 U.S.C. §1325(a)(5), the Secured Creditor’s debt must be paid in full. 11 

U.S.C. §1325(a)(5) mandates that §506 shall not apply to a claim if the creditor has a 

purchase money security interest securing the debt that is the subject of the claim, if the 

debt was incurred within 910 days preceding the date of the filing. 

4. The Plan does not provide the Secured Creditor with an appropriate interest

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

ALEXANDRIA DIVISION

In re:

CHAN HEN JUNG, CHAPTER 13

DEBTOR. CASE NO. 21-10041-BFK

Case 21-10041-BFK Doc 15 Filed 02/04/21 Entered 02/04/21 16:49:31 Desc Main

Document Page 1 of 2
rate based on the appropriate risk adjustment. The Plan proposes for $17,768.00 to be paid 

through the Plan with 0% interest. Secured Creditor objects

and asserts that the Plan must provide for the total amount of the claim and for interest 

which meets the requirements of Till v. SCS Credit Corp. 541 U.S. 465, 124 S.Ct. 1951 

(2004).

5. Any Chapter 13 Plan proposed by the Debtor must provide for and 

eliminate the objections specified above in order to be feasible and to provide adequate 

protection to this Secured Creditor. It is respectfully requested that this Court deny 

confirmation of the Plan. 

WHEREFORE, the undersigned requests as follows:

1. That confirmation of the proposed Plan be denied;

2. Debtor be required to modify the Plan to honor the terms and conditions of 

the Retail Installment Sales Contract; and

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

Global Lending Services LLC

By: /s/ D. Carol Sasser

Eric D. White, Esquire, Bar No. 21346

Johnie R. Muncy, Esquire, Bar No. 73248

1804 Staples Mill Road, Suite 200

Richmond, VA 23230

D. Carol Sasser, Esquire, Bar No. 28422

596 Lynnhaven Parkway, Suite 200

Virginia Beach, VA 23452

Samuel I. White, P.C.

Tel: (757) 490-9284

Fax: (757) 497-2802 (757) 490-8143

dsasser@siwpc.com

CERTIFICATE OF SERVICE

I certify that on February 4, 2021, the foregoing Objection was served via CM/ECF on 

Thomas P. Gorman, Trustee, and Damien George Smith, Counsel for Debtor, at the email 

addresses registered with the Court, and that a true copy was mailed via first class mail, 

postage prepaid, to Chan Hen Jung, Debtor, 9106 Hunting Pines Place, Fairfax, VA 22032-

1463.

/s/ D. Carol Sasser

D. Carol Sasser, Esquire

Samuel I. White, P.C.

Case 21-10041-BFK Doc 15 Filed 02/04/21 Entered 02/04/21 16:49:31 Desc Main

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