IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division 

) Case No. 17-31517

DIATHE YVONNE GARNES ) Chapter 13

Debtor. ) Carl M. Bates, Ch 13 Trustee

MOTION TO CONTINUE AUTOMATIC STAY

COMES NOW Diathe Yvonne Garnes, by counsel, Nupa Agarwal, pursuant to 11 U.S.C. 

§ 362(c)(3)(B) , and requests that the Court grant an extension of the automatic stay as to all 

creditors, as to the Debtor and the debtor’s property, and as to the property of the estate for the 

duration of this Chapter 13 proceeding. In support of this Motion the Debtor states as follows:

1. Jurisdiction of this Court over the instant matter is based upon 28 U.S.C.§§1334 and 

157 in that this action arises in and relates to this bankruptcy case of the Debtor, filed in this 

Court on March 23, 2017. 

2. This proceeding is a core proceeding under 28 U.S.C. §157(b)(2)(A), (B),(K), and 

(O).

3. Venue is proper pursuant to 28 U.S.C. §1409.

4. On March 23, 2017, the Debtor filed in this Honorable Court a petition for

Relief under Chapter 13 of the Bankruptcy Code, 11 U.S.C. §§ 1301 et seq. (the “instant

case”). Carl M. Bates was appointed to serve as Chapter 13 Trustee in this case.

5. The Debtor has filed previous bankruptcy cases: The most recently filed previous case 

was a Chapter 13 filed on September 4, 2012 and dismissed on August 23, 2016.The prior case 

was dismissed because the Debtor lost her job and she got behind in her Chapter 13 Payments.

The debtor now has new reliable employment and understands the importance of making this 

Chapter 13 work and receive a Discharge.

6. The instant case was filed on March 23, 2017 which is within one year of the 

dismissal date of the prior bankruptcy thus triggering the provision of 11 U.S.C. 362(c)(3).

7. The Debtor’s prior case was dismissed for not making plan payments. The debtor 

now has new steady employment and can make the plan payments. 

8. The automatic stay will expire on April 23, 2017 which is 30 days after this case was 

filed.

9. The Debtor filed this case in good faith.

Case 17-31517-KRH Doc 11 Filed 03/29/17 Entered 03/29/17 20:03:56 Desc Main

 Document Page 1 of 4
WHEREFORE, for the foregoing reasons, the Debtor respectfully requests that this

Court enter an Order extending the automatic stay under 11 U.S.C. § 362 as to all creditors, as 

to the debtor and the debtor’s property, and as to the property of the estate for the duration of 

this Chapter 13 proceeding, or until such time as the stay is terminated under § 362 (c) (1) or (c) 

(2), or a motion for relief is granted under § 362(d) and for such other and further relief as the 

Court shall be deemed appropriate.

Respectfully submitted:

Diathe Yvonne Garnes

By: /s/ Nupa Agarwal

Counsel for Debtor

VA. State Bar No. 42545 

P.O. Box 17275

Richmond, Virginia 23226

PROOF OF SERVICE

I certify that I have this 29th Day of March 2017 transmitted a true copy of the foregoing application 

electronically through the Court‘s CM/ECF system or by mail to the Debtor, Diathe Yvonne Garnes, 6405 Crested 

Eagle Lane, Henrico VA 23231; Chapter 13 Trustee, the United States trustee and to all necessary parties, on the 

mailing matrix maintained by the clerk of court, a copy of which is attached. 

/s/Nupa Agarwal

Nupa Agarwal

Case 17-31517-KRH Doc 11 Filed 03/29/17 Entered 03/29/17 20:03:56 Desc Main

 Document Page 2 of 4
IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division 

) Case No. 17-31517

DIATHE YVONNE GARNES ) Chapter 13

Debtor. )

NOTICE OF MOTION AND HEARING

The above-named Debtor having filed papers with the court to Extend the Automatic 

Stay. 

Your rights may be affected. You should read these papers carefully and discuss them 

with your attorney, if you have one.

Pursuant to Local Bankruptcy Rule 6004-4, unless a written response to this motion 

objecting to the relief requested is filed with the Clerk of the Court and served on the moving 

party within fourteen (14) days, the Court may deem any opposition waived, treat the motion 

as conceded, and issue an order granting the requested relief without furthis notice or hearing.

You must also attend a hearing on the Motion to Extend the Automatic Stay, scheduled 

to be held onAPRIL 12, 2017, at 12PM, in Judge Huennekens Courtroom at the U.S. 

Bankruptcy Court, 701 E. Broad Street, Courtroom 5000, Richmond, VA, 23219.

You must also mail a copy of your response to Nupa Agarwal, Esquire, Counsel for 

Debtor, P.O. Box 17275, Richmond, VA 23226.

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

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

Date: March 29, 2017

/s/ Nupa Agarwal 

Nupa Agarwal, Esq.

Va. State Bar No. 42545 

P.O. Box 17275

Richmond, Virginia 23226

(804) 716-0493

PROOF OF SERVICE

I certify that I have this 29th Day of March 2017 transmitted a true copy of the foregoing application electronically 

through the Court‘s CM/ECF system or by mail to the Debtor, Diathe Y Garnes, 6405 Crested Eagle Lane, ,Henrico VA 

23231; Chapter 13 Trustee, the United States trustee and to all necessary parties, on the mailing matrix maintained by 

the clerk of court, a copy of which is attached. 

/s/Nupa Agarwal

 Nupa Agarwal

Case 17-31517-KRH Doc 11 Filed 03/29/17 Entered 03/29/17 20:03:56 Desc Main

 Document Page 3 of 4
Department of Treasury-IRS

IRS

PO Box 7346

Philadelphia, PA 19101

Capital One

Po Box 30285

Salt Lake City, UT 84130

Carrington Mortgage Svcs. LLC

Po Box 3489

Anaheim, CA 92803

Cash Net USA

200 West Jackson

Suite 2400

Chicago, IL 60606

Commonwealth of VA-Tax

PO Box 2156

Richmond, VA 23218

Credit Acceptance

25505 West 12 Mile Rd

Suite 3000

Southfield, MI 48034

Credit One Bank Na

Po Box 98873

Las Vegas, NV 89193

Dept Of Ed/Navient

Attn: Claims Dept

Po Box 9400

Wilkes Barr, PA 18773

First Premier Bank

601 S Minneapolis Ave

Sioux Falls, SD 57104

Navient

Attn: Bankruptcy

Po Box 9500

Wilkes-Barr, PA 18773

Receivable Management Inc

7206 Hull Rd

Ste 211

Richmond, VA 23235

Richmond General District Ct

John Marshall Courts Building

400 N. 9th Street, Room 203••

Richmond, VA 23219

Sallie Mae

Attn: Navient

Po Box 9500

Wilkes-Barr, PA 18873

Shapiro & Brown, LLP

10021 Balls Ford Rd., Ste 200

Manassas, VA 20109

Va Credit Union

Pob 1902

Richmond, VA 23230

Virginia Credit Union

Po Box 90010

Richmond, VA 23225

Virginia Credit Union **

PO Box 90010

Richmond, VA 23225

Case 17-31517-KRH Doc 11 Filed 03/29/17 Entered 03/29/17 20:03:56 Desc Main

 Document Page 4 of 4