UNITED STATES BANKRUPTCY COURT 

FOR THE 

EASTERN DISTRICT OF VIRGINIA

Alexandria Division

In the Matter of:

Chapter 13

EDGAR B. GOMEZ

 Debtor Case No. 16-11561-BFK

OBJECTION TO PROPERTY CLAIMED AS EXEMPT,

NOTICE OF OBJECTION TO PROPERTY CLAIMED AS EXEMPT

AND

NOTICE OF SCHEDULED HEARING ON THIS OBJECTION

Thomas P. Gorman, Chapter 13 Trustee, files this objection pursuant to 

F. R. Bankr. P. 4003(b) to Debtor’s claim of property as exempt. The cause for this 

objection is as follows:

Debtor claims 100% of his real property located at 7040 Canterbury Lane in 

Alexandria, Virginia as exempt on his Schedule C as the property is held as a tenancy 

by the entireties. Trustee objects to Debtor’s claim of exemptions as Debtor is 

attempting to shield the entirety of the equity in his real estate from his joint creditors 

as well. See Williams v. Peyton, 104 F.3d 688 (4th Cir. 1997). 

Additionally, Debtor’s exemptions under Va. Code Ann. §34-4 total $5,140.00, 

which exceeds the statutory maximum of $5,000.00 of allowable exemptions.

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 grand the relief sought in the motion, or if you 

want the court to consider your views on the motion, the on or before five business 

days prior to the hearing date, you or your attorney must:

File with the court a written response with supporting memorandum as required 

by Local Bankruptcy Rule 9013-1(H). Unless a written response and 

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Trustee’s Objection to Exemptions

Edgar B. Gomez, Case # 16-11561-BFK 

supporting memorandum are filed and served by the date specified, the Court 

may deem any opposition waived, treat the motion as conceded, and issue an 

order granting the requested relief without further notice or hearing. If you mail 

your response to the court for filing, you must mail it early enough so the court 

will receive it on or before five business days prior to the scheduled hearing. 

You must mail a copy to the persons listed below.

Attend the hearing to be held on July 28, 2016 at 1:30 p.m. in Courtroom #3 

on the 3rd floor, United States Bankruptcy Court, 200 South Washington 

Street, Alexandria, VA 22314. If no timely response has been filed opposing 

the relief requested, the court may grant the relief without holding a hearing. A 

copy of any written response must be mailed to the following persons:

Thomas P. Gorman

300 North Washington Street, Suite 400

Alexandria, VA 22314

Clerk of the Court

United States Bankruptcy Court

200 South Washington Street

Alexandria, VA 22314

If you or your attorney do not take steps, the court may decide that you do not 

oppose the relief sought in the motion and may enter an order granting that relief.

Date: ___June 29, 2016_________ _/s/ Thomas P. Gorman_______

Thomas P. Gorman

Chapter 13 Trustee

300 North Washington St., #400

Alexandria, VA 22314

(703) 836-2226

VSB 26421

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CERTIFICATE OF SERVICE

I hereby certify that I have this 29th day of June, 2016, served via ECF to authorized 

users or mailed a true copy of the foregoing Objection to Exemptions, Notice of 

Objection and Notice of Hearing to the following parties.

Edgar B. Gomez

Chapter 13 Debtor

8914 Grist Mill Woods Court

Alexandria, VA 22309 

Nathan Fisher, Esq.

Attorney for Debtor

3977 Chain Bridge Rd., #2

Fairfax, VA 22030 

__/s/ Thomas P. Gorman______

Thomas P. Gorman

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