IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

IN RE: )

)

CICEL L. JOHNSON ) Case No. 19-30531-KLP

) Chapter 13

Debtor, )

__________________________________________)

CORRECTED OBJECTION TO CONFIRMATION

OF AMENDED CHAPTER 13 PLAN 

COMES NOW HP Virginia I, LLC d/b/a Pathlight Property Management

(“Pathlight”), by counsel, and states the following in support of their Objection to Confirmation 

of the Amended Chapter 13 Plan filed by the Debtor, Cicel L. Johnson (“Debtor”) on December 

30, 2020.

1. On February 1, 2019, Debtor filed her Chapter 13 bankruptcy petition in the 

Eastern District of Virginia, Richmond Division, Case No. 19-30531-KLP.

2. This is the Debtor’s sixth bankruptcy filing since 2008. Debtor’s prior 

filings include the following:

a. Cicel Lynn Johnson, Case No. 02-65167-DOT (Chapter 13)

b. Cicel Lynn Johnson, Case No. 08-30073-KRH (Chapter 7)

c. Cicel L. Johnson and William I. Johnson, Case No. 12-55259-KLP 

(Chapter 13)

d. Cicel Lynn Johnson, Case No. 14-31424-KRH (Chapter 13)

e. Cicel L. Johnson, Case No. 17-35379-KLP (Chapter 7)

3. On July 28, 2016, Debtor entered into a residential lease with Pathlight for 

lease of the premises located at 5105 Claypoint Road, Chesterfield, VA 23832. 

Case 19-30531-KLP Doc 91 Filed 02/03/21 Entered 02/03/21 20:28:51 Desc Main

Document Page 1 of 4
4. Debtor is currently in the final year of her 5-year lease and must pay rent in 

the amount of $2,380.00 per month.

5. On September 30, 2019, Debtor obtained confirmation of her Chapter 13 

Plan filed May 30, 2019. 

6. On December 30, 2020, Debtor filed an amended plan which is currently 

scheduled for hearing on February 10, 2021.

7. Debtor’s confirmed plan provided for assumption of the lease, requiring 

Debtor to make payments of post-petition rent and for the trustee to pay pre-petition arrearages in 

the amount of $5,408.80.

8. Debtor failed to pay post-petition rent as it came due and Debtor now seeks 

to include the post-petition arrearages in her pending amended chapter 13 plan.

9. The arrearage figure has grown to $27,408.66, leaving Debtor’s postpetition arrearages at $21,999.86. 

10. Pathlight has thus incurred substantial losses since the bankruptcy filing in 

reliance on Debtor’s promises made in her confirmed Chapter 13 Plan and failure to perform 

obligations under the assumed lease.

11. 11 U.S.C. §365(b)(1) provides that “if there has been a default in an 

executory contract or unexpired lease of the debtor, the trustee may not assume such contract or 

lease unless, at the time of assumption of such contract or lease, the trustee— (A) cures, or provides 

adequate assurance that the trustee will promptly cure, such default....and (C) provides adequate 

assurance of future performance under such contract or lease”.

12. Debtor has already assumed the lease and failed to perform from the date of 

assumption forward.

Case 19-30531-KLP Doc 91 Filed 02/03/21 Entered 02/03/21 20:28:51 Desc Main

Document Page 2 of 4
13. Given that Debtor has fallen significantly further behind on her lease 

obligations than she had at the time of her first plan, Pathlight has no assurance that Debtor will 

perform her obligations under the lease.

14. As debtor received a Chapter 7 discharge on March 31, 2018, she is not 

eligible for a discharge in this case and thus has no incentive to complete the plan once her lease 

expires in August 2021.

15. It should also be noted that in her prior three (3) Chapter 13 filings, Debtor 

has not once completed a Chapter 13 plan.

16. Debtor is now seeking a seven-year plan, even though according to her 

recently filed schedules I and J Debtor has in fact obtained an increase in income at this time. This 

can hardly be seen as a “prompt” cure of Debtor’s defaults under the lease as required under 11 

U.S.C. §365.

17. Pathlight should not have to again rely upon the promises of the Debtor 

when she has so meaningfully failed to perform on her promises made in connection with the 

confirmed plan and has failed in her prior Chapter 13 cases.

18. Finally, Debtor’s post-petition rent obligations are administrative claims 

against the estate and are entitled to administrative priority. Stewart Foods, Inc., In re, 64 F.3d 

141 (4th Cir. 1995). The plan provides no such treatment of the post-petition arrearages, which 

are to be paid pro rata according to the plan. 

Case 19-30531-KLP Doc 91 Filed 02/03/21 Entered 02/03/21 20:28:51 Desc Main

Document Page 3 of 4
WHEREFORE, Virginia I, LLC d/b/a Pathlight Property Management, by counsel,

requests that this Honorable Court deny confirmation of the Amended Chapter 13 Plan filed by 

the Debtor, Cicel L. Johnson on December 30, 2020. 

Date: February 3, 2021 HP Virginia I, LLC 

d/b/a Pathlight Property Management

By Counsel

/s/ Jonathan B. Vivona

Jonathan B. Vivona, Bar# 82762

jvivona@vpbklaw.com

Ashvin Pandurangi

ashvinp@vpbklaw.com

Vivona Pandurangi, PLC

211 Park Ave.

Falls Church, VA 22046 

Tel: (571) 969-6540

Fax: (571) 699-0518

Counsel for Movant

CERTIFICATE OF SERVICE

I hereby certify that I have this 3rd day of February 2021, I served a copy of this Objection 

to Confirmation of Amended Chapter 13 Plan via ECF on all parties entitled to receive such 

notice and first class mail, postage prepaid, upon each party required to receive notice under 

Local Bankruptcy Rule 4001(a)-1(E)(1) as follows:

Cicel Johnson Suzanne E. Wade

P.O. Box 5616 7202 Glen Forest Drive

Midlothian, VA 23112 Suite 202

Debtor Richmond, VA 23226

Chapter 13 Trustee

James E. Kane

Kane & Papa, PC

1313 East Cary Street

P.O. Box 508

Richmond, VA 23218-0508

Counsel for Debtor

Case 19-30531-KLP Doc 91 Filed 02/03/21 Entered 02/03/21 20:28:51 Desc Main

Document Page 4 of 4