UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

IN RE:

JOHN J BUCKINGHAM and 

KATHERINE A BUCKINGHAM,

Debtor.

______________________________________/ 

Case No. 21-10867-PDR

Chapter 13

TCF NATIONAL BANK’S OBJECTION TO 

CONFIRMATION OF DEBTOR’S CHAPTER 13 PLAN

TCF National Bank (“Secured Creditor”), by and through undersigned counsel, files this 

Objection to Confirmation of Debtor’s Chapter 13 Plan, and in support thereof states as follows:

1. On January 29, 2021, John J Buckingham and Katherine A Buckingham 

(“Debtor’s”) commenced this bankruptcy case by filing a petition for relief under Chapter 13 of 

the United States Bankruptcy Code [D.E. #1].

2. Secured Creditor holds a security interest in Debtor’s real property located at 6381 

Bay Club Drive, Unit 3, Fort Lauderdale, FL 33308 (the “Property”), by virtue of a Mortgage 

which is recorded in Instrument Number 114988348, of the Public Records of Broward County, 

Florida. The Mortgage secures a Note in the amount of $39,273.00.

3. Secured Creditor filed a Proof of Claim 9 on March 2, 2021 in this case, in the 

principal balance amount of $38,267.63 with zero arrears.

4. According to the Chapter 13 Plan [D.E. #20] (the “Plan”), Debtor proposes to 

retain the Property and payoff the 2nd mortgage at 3.50% interest for total payments of $46,184.40.

5. Debtors’ proposed Plan seeks to modify Secured Creditor’s right under the subject 

loan documents. Debtors cannot modify the subject loan documents solely through Plan treatment. 

6. Pursuant to 11 U.S.C. §1325(a)(5)(B)(ii), Debtor’s Plan must provide Secured 

Creditor with the value, as of the effective date of the plan, of property to be distributed under the 

plan whose total value “is not less than the allowed amount of such a claim.” Pursuant to Till v. 

Case 21-10867-PDR Doc 36 Filed 04/12/21 Page 1 of 3
SCS Credit Corp., 541 U.S. 465 (2004), each installment must be calibrated to ensure that Secured 

Creditor receives disbursements whose total present value equals or exceeds that of the allowed 

claim. Debtor’s Plan proposes to pay Secured Creditor installment payments and provides for 

3.50% interest. Secured Creditor, however, is entitled to at least a prime-plus rate of interest plus 

a reasonable risk factor if Debtor wants to pay Secured Creditor with installment payments.

7. Pursuant to 11 U.S.C. §1325(a)(5)(B)(iii)(I), Secured Creditor is entitled to 

payments in equal amounts. Secured Creditor objects to any plan which does not provide for 

payments in equal amounts. 

8. Secured Creditor hereby reserves the right to supplement this Objection at or prior 

to the hearing.

WHEREFORE, Secured Creditor respectfully requests the entry of an Order which denies 

confirmation of the Plan unless such plan is amended to overcome the objections of the Secured 

Creditor as stated herein.

Respectfully Submitted:

/s/ Wanda D. Murray

Wanda D. Murray

Bar No.: 566381

Attorney for Secured Creditor

Aldridge Pite, LLP

Fifteen Piedmont Center

3575 Piedmont Road, N.E., Suite 500

Atlanta, GA 30305

Phone: (404) 994-7400

Fax: (888) 873-6147

Email: Aldridge Pite, LLP

Case 21-10867-PDR Doc 36 Filed 04/12/21 Page 2 of 3
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that I caused a true and correct copy of the foregoing Objection to 

Confirmation of Chapter 13 Plan to be served electronically or via U.S. Mail, first-class postage 

prepaid, to: 

DEBTOR

John J Buckingham

Katherine A Buckingham

6381 Bay Club Dr.#3

Fort Lauderdale, FL 33308

DEBTOR ATTORNEY

(via electronic notice)

John A. Moffa, Esq.

Moffa & Bierman

3081 E Commercial Blvd

Suite 204

Fort Lauderdale, FL 33322

TRUSTEE

(via electronic notice)

Robin R Weiner

POB 559007

Fort Lauderdale, FL 33355

UNITED STATES TRUSTEE

(via electronic notice)

Department of Justice

POB 559007

Fort Lauderdale, FL 33355

Dated: April 12, 2021

/s/ Wanda D. Murray

Wanda D. Murray

Bar No.: 566381

Attorney for Secured Creditor

Aldridge Pite, LLP

Fifteen Piedmont Center

3575 Piedmont Road, N.E., Suite 500

Atlanta, GA 30305

Phone: (404) 994-7400

Fax: (888) 873-6147

Email: Aldridge Pite, LLP

Case 21-10867-PDR Doc 36 Filed 04/12/21 Page 3 of 3