UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA 

. Richmond . Division 

In re: Rogerena Higgs )

)

 [Set forth here all names including married, 

 maiden, and trade names used by debtor within 

 last 8 years.]

)

)

)

Case No. 16-30274-KLP .

 Debtor(s) )

)

Chapter 7 .

Address P.O. Box 6164 .

 Richmond, VA 23222 . 

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Last four digits of Social Security No(s): 6217 . )

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NOTICE OF MOTION (OR OBJECTION)

Rogerena Higgs has filed papers with the court to Redeem Personal Property . 

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 want the court to grant the relief sought in the motion (or objection), or if you 

want the court to consider your views on the motion (or objection), then on or before 

April 26, 2016, you or your attorney must: 

 X File with the court, at the address shown below, a written request for a hearing [or a 

written response pursuant to Local Bankruptcy Rule 9013-1(H)]. If you mail your request for 

hearing (or response) to the court for filing, you must mail it early enough so the court will 

receive it on or before the date stated above. 

Clerk of Court 

United States Bankruptcy Court 

701 East Broad Street 

Richmond, VA 23219 

You must also mail a copy to: 

America Law Group 

8501 Mayland Dr., Ste 106 

Henrico, VA 23294 

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□ Attend a hearing to be scheduled at a later date. You will receive separate notice of 

hearing. If no timely response has been filed opposing the relief requested, the court 

may grant the relief without holding a hearing. 

□ Attend the hearing on the motion (or objection) scheduled to be held on 

 at . m. at United States 

Bankruptcy Court, 701 East Broad Street, Crtrm <5100/5000> Richmond, VA 23219. 

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

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

Date: 4/12/2016 Signature, name, address, and telephone number of person 

giving notice: 

/s/ Richard J. Oulton 

Richard J. Oulton, Esq. 

America Law Group, Inc. 

8501 Mayland Dr., Ste 106 

Henrico, VA 23294 

Virginia State Bar No. 29640 . 

Counsel for Rogerena Higgs 

Certificate of Service 

I hereby certify that I have this 12th day of April, 2016, mailed or hand-delivered a true copy of the foregoing 

Notice of Motion (or Objection) to the parties listed on the attached service list. 

 /s/ Richard J. Oulton 

 Richard J. Oulton, Esq. 

U.S. Trustee 

701 E. Broad St. 

Suite 4304 

Richmond, VA 23219 

Bruce Matson 

Chapter 7 Trustee 

919 E Main St., 24th Floor 

Richmond, VA 23219 

Santander Consumer USA 

P.O.Box 961245 

Ft. Worth, TX 76161 

Rogerena Higgs 

P.O. Box 6164 

Richmond, VA 23222 

722 Redemption 

169 Northland Blvd, Ste 2 

Cincinnati, OH 45246 

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U.S. BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA 

Richmond Division

In Re: : Case No. 16-30274-KLP 

Debtor (s) Rogerena O. Higgs : Chapter 7 (Judge Keith Phillips) 

 Last 4 of SSN: 6217 

Creditor (s) : MOTION FOR AUTHORITY TO REDEEM 

Address ____Santander Consumer USA______ : PERSONAL PROPERTY AND APPROVAL 

 ____P.O.Box 961245 __________ OF ASSOCIATED FINANCING AND 

 ____Ft. Worth, TX 76161 __________ : ATTORNEY FEES UNDER 11 U.S.C. 722

Now come (s) the Debtor (s) by and through counsel, and moves the court pursuant to 11 U.S.C. 722 and 

Bankruptcy Rule 6008 for a Redemption Order on the following grounds: 

1. The item to be redeemed is tangible personal property intended primarily for personal, family or household use 

is more particularly described as follows: 

 

 Year 2008 Make Mitsubishi Model Galant 

 

VIN # 4 A 3 A B 3 6 F 9 8 E 0 1 9 4 6 1 

2. The interest of the Debtor (s) in such property is exempt or has been abandoned by the estate and the debt 

(which is secured by said property to the extent of the allowed secured claim of the Creditor) is a dischargeable 

consumer debt. 

3. The allowed secured claim of said Creditor for purposes of redemption, the “redemption value”, should be 

determined to be not more than $2,104.00 as evidenced by the attached written appraisal. 

4. Arrangements have been made by the Debtor (s) to pay to the said Creditor up to the aforesaid amount in a 

lump sum should this motion be granted. 

5. The payment for this proposed redemption is to be financed through U.S. Bank N.A., with all of the 

particulars of that financing (interest rate, finance charge, amount financed, total of payments, amount of 

payments, etc.) set forth in full detail in the attachment(s) hereto. As demonstrated there, the monthly amount, 

term of the payments and the overall amount of the repayment will be decreased significantly through the 

proposed redemption. Moreover, the Debtor has agreed to borrow and disperse additional funds in the amount 

of $0.00, from their loan with U.S. Bank N.A., for representation of the debtor(s) in securing for the benefit of 

the debtor(s) an order granting the debtor(s) the right to redeem under 11 U.S.C. 722 a certain motor vehicle, 

such compensation being in addition to that previously disclosed and being for services rendered beyond the 

scope of the legal services to have been rendered for such compensation heretofore disclosed. 

WHEREFORE, the Debtor (s) request (s) the Court to order the said Creditor to accept from the Debtor (s) the 

lump sum payment of the redemption value and release their lien of record. In the event the said Creditor objects to 

this motion, the Debtor (s) requests the Court to determine the value of the property as of the time of the hearing on 

such objection. 

 /s/ Richard J. Oulton 

 Attorney for Debtor (s) 

NOTICE 

Notice is hereby given that unless an objection is made to this motion within 20 days following the date of service 

below, an order sustaining the motion may be granted by the Court. 

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CERTIFICATE OF SERVICE 

I hereby certify that the foregoing has been served upon: the Creditor’s above noted, the U.S. Trustee, and the 

Chapter 7 Trustee by mailing a copy hereof by first class U.S. Mail on this 12th day of April, 2016. 

/s/ Richard J. Oulton 

 Attorney for Debtor (s) 

Copies To: 

U.S. Trustee 

701 E. Broad St. 

Suite 4304 

Richmond, VA 23219 

Bruce Matson 

Chapter 7 Trustee 

919 E Main St., 24th Floor 

Richmond, VA 23219 

Santander Consumer USA 

P.O.Box 961245 

Ft. Worth, TX 76161 

America Law Group, Inc. 

8501 Mayland Dr. Ste 106 

Henrico, VA 23294 

Rogerena Higgs 

P.O. Box 6164 

Richmond, VA 23222 

722 Redemption 

169 Northland Blvd, Ste 2 

Cincinnati, OH 45246 

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U.S. BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA 

In Re: : Case No. 16-30274-KLP 

Debtor (s) Rogerena Higgs : Chapter 7 (Judge Keith Phillips ) 

 : 

ORDER GRANTING REDEMPTION AND 

APPROVAL OF ASSOCIATED 

FINANCING AND ATTORNEY FEES. 

 

 : 

Upon the motion of the Debtor (s) and there having been no responsive filing or objection within the time 

required, the Court finds as follows: 

1. The tangible personal property described below is intended primarily for personal, family or 

 household use of the debtor (s): 

 Year 2008 Make Mitsubishi Model Galant 

 

VIN # 4 A 3 A B 3 6 F 9 8 E 0 1 9 4 6 1 

2. The debt owing the Creditor is a dischargeable consumer debt and the Debtor (s) interest in such 

property is exempt or has been abandoned by the estate. 

3. The value of the secured claim of the Creditor for redemption purposes, the “redemption amount” is 

$2,104.00. 

IT HEREBY ORDERED, 

1. That the Debtor (s) may redeem the subject property by paying to the Creditor on or before the thirtieth 

 (30th) day following entry of this Order the redemption amount. 

2. Reasonable attorney fees and financing are approved under the terms and conditions set forth herein.

3. Upon timely receipt of such payment, the Creditor is ordered to cancel its lien of record and surrender 

 the certificate of title in accord with the Debtor instruction. 

4. In the event of the failure of the Creditor to so cancel its lien within three (3) days after payment of the 

 aforesaid lump sum pursuant to the entry of this Order, then this Order shall serve as an authorization 

 for the said lien to be canceled, and it is Ordered that the applicable County Clerk’s Office shall cancel 

 same of record. 

5. In the event of the failure of the Debtor (s) to pay the redemption amount within such time frame, the 

 automatic stay shall immediately terminate. 

SO ORDERED this ________ day of _________________, 20_____ . 

 ______________________________ 

 Bankruptcy Judge

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Copies to: 

U.S. Trustee 

701 E. Broad St. 

Suite 4304 

Richmond, VA 23219 

Bruce Matson 

Chapter 7 Trustee 

919 E Main St., 24th Floor 

Richmond, VA 23219 

Santander Consumer USA 

P.O.Box 961245 

Ft. Worth, TX 76161 

America Law Group, Inc. 

8501 Mayland Dr. Ste 106 

Henrico, VA 23294 

Rogerena Higgs 

P.O. Box 6164 

Richmond, VA 23222 

722 Redemption 

169 Northland Blvd, Ste 2 

Cincinnati, OH 45246 

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