IN THE UNITED STATES BANKRUPTCY COURT 

 FOR THE EASTERN DISTRICT OF VIRGINIA 

In re: Demetrice Antonio Jones ) Case No. 15-35268-KLP

 ) 

 Cheryl Dionne Jones, ) 

 ) 

 Debtors ) Chapter 13 

 ) 

________________________________________ ) 

 ) 

Demetrice Antonio Jones ) 

and ) 

Cheryl Dionne Jones, Plaintiffs ) 

 ) 

Vs. ) AP No:____________ 

 ) 

Ole Towne Motors, Inc., ) 

 Defendant ) 

Serve: ) 

William David Mueller, Registered Agent ) 

544 East Washington Street ) 

Petersburg, VA 23803 ) 

COMPLAINT TO RECOVER PROPERTY OF THE BANKRUPTCY ESTATE 

 COME NOW the Debtors, Demetrice Antonio Jones and Cheryl Dionne Jones, by 

counsel, and hereby moves this Honorable Court to order the Defendant to turn over 

Debtors’ property, and in support hereof states as follows: 

 

 JURISDICTION 

1. This Court has jurisdiction pursuant to 28 U.S.C. § 1334 since the instant 

dispute arises as a result of and is related to the above referenced matter. 

2. This is a core proceeding within the meaning of 28 U.S.C. §157. 

3. This is an Adversary Proceeding within the meaning of Rule 7001 of the 

bankruptcy Rules. 

 

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FACTS 

4. On October 12, 2015, Debtor filed for relief pursuant to a Chapter 13 Petition 

in the United States Bankruptcy for the Eastern District of Virginia, Richmond 

Division. Carl M. Bates (the “Trustee”) was appointed Trustee of this 

bankruptcy estate. 

5. Prior to filing the Chapter 13 Petition, Debtor Demetrice Antonio Jones 

purchased a 2002 Cadillac Escalade from Defendant Ole Towne Motors. 

6. At the time of the Chapter 13 Petition, the said 2002 Cadillac Escalade, 

(hereinafter referred to as the “Cadillac”), was financed by Westlake Financial 

Services, (hereinafter “Westlake”), which held a secured loan in the amount of 

$6,450.00. 

7. The Cadillac constitutes a part of the Debtors’ bankruptcy estate. 

8. On belief of counsel, the Cadillac was repossessed by Old Towne Motors 

prior to the filing of Debtors’ case, Old Towne Motors claiming the right to do 

so pursuant to the financing agreement between Old Towne Motors and 

Westlake.or Melissa 

9. Westlake is listed on the list of creditors filed in Debtors’ chapter 13 case. 

10. Old Towne Motors was advised of the Chapter 13 filing by America Law 

Group, Inc. not later than October 15, 2015. Debtors’ attorney, Brian K. 

Stevens, spoke directly with David Mueller, who represented himself to 

counsel as the owner of Old Towne Motors, on several occasions to make 

arrangements for the Debtor to retrieve the car and to make arrangements for 

payment of the balance due through the Chapter 13 plan, and counsel also 

spoke on several occasions with a lady named Melinda or Melissa Boisseau, 

who represented herself as authorized to act on behalf of Old Towne Motors, 

also in attempts to make arrangements for the return of the Cadillac to the 

Debtors. 

11. The last contact between Debtors’ counsel and Ms. Boisseau was on October 

27, 2015, at which time Ms. Boisseau told counsel that she would call back to 

arrange a time for Mr. Jones to pick up the Cadillac, but no such call has been 

received by counsel as of the filing of this motion. 

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12. The creditor, Westlake, has received notice of the filing of the Chapter 13 

Bankruptcy from the Bankruptcy Court. 

13. Debtors, by counsel, have demanded possession of the Cadillac pursuant to 

the automatic stay and turnover provisions of the Bankruptcy Code. 

14. Old Towne Motors has thus far failed to return the Cadillac to Mr. Jones or to 

make arrangements for Mr. Jones to regain possession of the Cadillac. 

15. To the best knowledge of the Debtors, the Cadillac has not been sold as of this 

date. 

16. Debtors’ attorney has advised Old Towne Motors that it cannot sell the 

Cadillac as it is now property of the bankruptcy estate. 

 

ARGUMENT 

17. The Debtors’ Chapter 13 Plan meets all standards for Confirmation and meets 

the requirements of law. 

18. Westlake’s security interest in the Cadillac is adequately protected in the 

bankruptcy plan. 

19. Upon information and belief, Debtor maintains full insurance coverage on 

said vehicle, and has provided proof of such coverage to Old Towne Motors. 

20. Debtors assert that this property is essential to their reorganization as both 

Debtors work and the Cadillac is one of only two vehicles that they own and 

rely upon for transportation to and from work. 

21. Old Towne Motors must be required to return the Cadillac to Mr. Jones 

pursuant to In re Moffett 356 F.3d 518 (4TH Cir., 2004). 

22. The continued possession of the Cadillac by Old Towne Motors, Inc. and 

refusal to return it to the Debtor is an attempt to collect a debt in violation of 

the Automatic Stay of 11 U.S.C. § 362 (a)(3) and of the turnover provisions of 

the Bankruptcy Code and violates the rights of the Debtor and the Bankruptcy 

Estate to redeem the car under Virginia law. See Va. Code sections 8.9A-609, 

623 (2003). 

23. The actions of Old Towne Motors, Inc. have caused irreparable harm to the 

Debtors, including increased expense, extreme inconvenience, and attorney’s 

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fees incurred in bringing this action to force compliance with the Automatic 

Stay. Therefore, pursuant to 11 U.S.C. § 542, the Debtors pray that Old 

Towne Motors, Inc. be Ordered pay reasonable attorney’s fees and costs for a 

willful violation of the Automatic Stay. 

WHEREFORE, the Debtors, by counsel, respectfully pray that the Court order 

Old Towne Motors, Inc. to immediately return the subject vehicle to the Debtor, 

to further order Defendant to pay Plaintiff’s attorney’s fees and costs incurred in 

this Adversarial Proceeding, consequential and compensatory damages as may be 

proven by the evidence, and for all other relief this Honorable Court deems 

proper. 

 Respectfully submitted, 

 Demetrice Antonio Jones 

 Cheryl Dionne Jones 

 By: /s/ Brian K. Stevens

 Counsel for Debtors 

Brian K. Stevens, Esquire 

VSB# 25974 

America Law Group, Inc. 

2312 Boulevard 

Colonial Height, VA 23834 

804-520-2428 

 Certificate of Service 

 I hereby certify that on this 3nd day of November, 2015, a true and exact copy of 

the foregoing was mailed first class postage pre-paid to William David Mueller, 

Registered Agent, Old Towne Motors, Inc., 544 East Washington Street, Petersburg, VA 

23803. 

 /s/ Brian K. Stevens 

 Brian K. Stevens, Esquire 

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