Robert M. Marino, Esq. VSB #26076

Redmon Peyton & Braswell, LLP

510 King Street, Suite 301

Alexandria, VA 22314

703-684-2000

703-684-5109 (fax)

rmmarino@rpb-law.com

Local Counsel for Philips Medical Capital, LLC

Byron L. Saintsing, Esq. N.C. State Bar No. 16035

Smith Debnam Narron Drake Saintsing & Myers, LLP

P.O. Box 176010

Raleigh, NC 27619-6010

Telephone: 919-250-2118

bsaintsing@smithdebnamlaw.com

Lead Counsel for Phillips Medical Capital, LLC

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Alexandria Division

IN RE: )

)

BLUEPOINT MEDICAL ASSOCIATES, LLC, ) CASE NO. 19-13121-KHK

) CHAPTER 11

Debtor. )

OBJECTION TO DEBTOR’S PLAN OF REORGANIZATION

Philips Medical Capital, LLC (“PMC”), by and through the undersigned counsel, hereby 

objects to the Debtor’s Plan of Reorganization (Dk 90)(“the Plan”) filed herein on March 17, 

2020, and states as follows:

1. PMC is a secured creditor which holds a blanket lien against substantially all of 

the Debtor’s assets. 

2. PMC filed its Proof of Claim in the amount of $218,615.88 (Claim No. 9) on 

November 4, 2019. PMC’s Proof of Claim details the collateral which is subject to its liens. 

3. The Debtor has made certain adequate protection payments to PMC since the case 

was filed, although not in a timely manner and not as required by the Court’s cash collateral 

orders. 

4. PMC is entitled to recover interest and attorney’s fees to the extent that the value 

of its collateral exceeds the amount of its debt. 11 U.S.C. §506(b). PMC asserts that it is 

oversecured and is entitled to recover interest and attorney’s fees as part of its claim. The Plan 

does not provide for the recovery of either. 

Case 19-13121-KHK Doc 97 Filed 04/07/20 Entered 04/07/20 14:55:24 Desc Main

Document Page 1 of 3
2

5. PMC is listed in Class 5 of the Plan. The Plan provides that Class 5 is 

unimpaired. Class 5 is not unimpaired and PMC objects to the Debtor’s contention that PMC is 

unimpaired. Given that PMC is impaired, it is entitled to cast a ballot for or against the Plan. 

The Debtor has not provided PMC with a ballot. 

6. PMC objects to the Plan on the basis that it is not feasible. PMC has previously 

filed a Notice of Noncompliance with this Court (Dk 83). The Debtor has consistently failed to 

abide by the cash collateral orders entered by the Court. PMC has not received the $5,000.00 

payment it was due by April 5, 2020 pursuant to this Court’s Fourth Order Regarding Motion to 

Use Cash Collateral entered on March 23, 2020 (Dk 93).

7. PMC objects to the Plan on the basis that it violates the absolute priority rule. 

WHEREFORE, PMC respectfully requests that the Court deny confirmation of the 

Debtor’s Plan of Reorganization. 

Date: April 7, 2020

PHILIPS MEDICAL CAPITAL, LLC 

By Counsel

/s/ Robert M. Marino

Robert M Marino, Esq. VBN 26076

Redmon Peyton & Braswell, LLP

510 King Street, Suite 301

Alexandria, VA 22314

Telephone: 703-879-2676

rmmarino@rpb-law.com

Local Counsel for Phillips Medical Capital, LLC

/s/ Byron L. Saintsing

Byron L. Saintsing – admitted pro hac vice

SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, LLP

P.O. Box 176010

Raleigh, NC 27619-6010

Telephone: (919) 250-2118

Facsimile: (919) 250-2211

Email: bsaintsing@smithdebnamlaw.com

Counsel for Philips Medical Capital, LLC

Case 19-13121-KHK Doc 97 Filed 04/07/20 Entered 04/07/20 14:55:24 Desc Main

Document Page 2 of 3
3

CERTIFICATE OF SERVICE

I hereby certify that on the 7

th day of April, 2020, I caused a true copy of the foregoing 

Notice of Noncompliance to be served electronically through the electronic case filing system to 

all persons entering their appearance and requesting notice in this case, and by email to the 

following persons:

John T. Donelan

donelanlaw@gmail.com

Jack I. Frankel, Esq.

jack.i.frankel@usdoj.gov

Joseph A. Guziniski, Esq.

joseph.a.guzinski@usdoj.gov

Joel L. Dahnke, Esq.

joel@dahnkelaw.com

/s/Robert M. Marino

Robert M. Marino

Case 19-13121-KHK Doc 97 Filed 04/07/20 Entered 04/07/20 14:55:24 Desc Main

Document Page 3 of 3