James E. Kane (VSB #30081) 

KANE & PAPA, P.C. 

P.O. Box 508 

Richmond, VA 23218 

(804) 225-9500 (phone) 

(804) 225-9598 (fax) 

Counsel for Debtor 

IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

Richmond Division 

 

IN RE: ) 

 ) 

CURTIS ANTHONY WILEY ) Case No. 16−32156−KRH 

 ) Chapter 13 

 Debtor ) 

MOTION TO WAIVE REQUIREMENT TO COMPLETE FINANCIAL 

MANAGEMENT COURSE AND CERTIFICATION PURSUANT TO 11 U.S.C. § 1328 

 COME NOW, the Debtor, by counsel, and as and for his Motion to Waive Requirement 

to Complete Financial Management Course and Certification Pursuant to 11 U.S.C. § 1328, 

states as follows: 

1. The Debtor filed this case under Chapter 13 of the U.S. Bankruptcy Code on 

April 28, 2016. 

2. The Debtor is incapacitated due to mental and physical health issues (dementia), 

and is no longer of sound mind. On March 17, 2021, Monica Reid-Tatum, the Debtor’s daughter 

and is his next of kin, provided the Chapter 13 Trustee with documentation confirming the 

Debtor’s incapacity. 

3. The Debtor has been relocated to a nursing home where he currently resides. His 

daughter has provided documentation to prove residency, which was also provided to the Trustee 

on March 17, 2021. 

4. The Debtor has completed his Chapter 13 Plan payments and on or about March 

19, 2021, the Chapter 13 Trustee filed a Certification that the Debtor completed his plan 

Case 16-32156-KRH Doc 30 Filed 03/24/21 Entered 03/24/21 11:59:32 Desc Main

Document Page 1 of 6
2 

payments pursuant to the confirmed plan in this case and is entitled to receive a discharge 

pursuant to 11 U.S.C. § 1328(a). 

5. Due to the Debtor’s total and perpetual incapacity as set forth above, he is unable 

to complete the instructional course in financial management required by 11 U.S.C. § 1328(g). 

6. Pursuant to 11 U.S.C. § 1328(g)(2), the requirement to complete the instructional 

course does not apply to a debtor who is incapacitated pursuant to 11 U.S.C. § 109(h)(4). 

7. 11 U.S.C. § 109(h)(4) defines “incapacity” as “being impaired by reason of 

mental illness or mental deficiency so that he is incapable of realizing and making rational 

decisions with respect to his financial responsibilities”. 

WHEREFORE, the Debtor, by counsel, respectfully requests that the Court enter an 

Order waiving the requirement to complete the instructional course in financial management 

required by 11 U.S.C. § 1328(g), from having to file the Certification of Compliance required by 

11 U.S.C. § 1328, granting a discharge under 11 U.S.C. § 1328, and for such other relief as the 

Court may deem appropriate. 

CURTIS ANTHONY WILEY 

 By: /s/ James E. Kane 

 Counsel 

James E. Kane (VSB #30081) 

KANE & PAPA, P.C. 

P.O. Box 508 

Richmond, VA 23218 

(804) 225-9500 (phone) 

(804) 225-9598 (fax) 

Counsel for Debtor 

Case 16-32156-KRH Doc 30 Filed 03/24/21 Entered 03/24/21 11:59:32 Desc Main

Document Page 2 of 6
3 

CERTIFICATE OF SERVICE 

I hereby certify that on March 24, 2021, I will electronically file the foregoing with the 

Clerk of Court using the CM/ECF system, which will then send a notification of such filing 

(NEF) to all parties registered to receive notice thereof and to the parties on the attached matrix. 

 /s/ James E. Kane 

 James E. Kane 

Case 16-32156-KRH Doc 30 Filed 03/24/21 Entered 03/24/21 11:59:32 Desc Main

Document Page 3 of 6
4 

IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

Richmond Division 

 

IN RE: ) 

 ) 

CURTIS ANTHONY WILEY ) Case No. 16−32156−KRH 

 ) Chapter 13 

 Debtor ) 

NOTICE OF MOTION AND OF HEARING 

 The above Debtor has filed a Motion to Waive the Requirements of 11 U.S.C. § 1328 and 

for Entry of an Order of Discharge in the above matter. 

 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 if you want the 

court to consider your views on the motion, then within twenty-one (21) days from the date of 

this Notice, you or your attorney must: 

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

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

request for a 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, to: 

Clerk of Court 

United States Bankruptcy Court 

701 East Broad Street 

Richmond, VA 23219 

You must also mail a copy to: 

James E. Kane, Esquire 

Kane & Papa, P.C. 

1313 East Cary Street 

Richmond, Virginia 23219 

 Attend a hearing scheduled for May 5, 2021 at 12:00 p.m. at 701 E. Broad 

Street, Room 5000, Richmond, VA 23219. If no timely response has been filed 

opposing the relief requested, the court may grant the relief without holding a 

hearing. 

Case 16-32156-KRH Doc 30 Filed 03/24/21 Entered 03/24/21 11:59:32 Desc Main

Document Page 4 of 6
5 

 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. 

Dated: March 24, 2021 CURTIS ANTHONY WILEY 

 By: /s/ James E. Kane 

 Counsel 

James E. Kane (VSB #30081) 

KANE & PAPA, P.C. 

1313 East Cary Street 

Richmond, VA 23219 

(804) 225-9500 (phone) 

(804) 225-9598 (fax) 

Counsel for Debtor 

CERTIFICATE OF SERVICE 

I hereby certify that on March 24, 2021, I will electronically file the foregoing with the 

Clerk of Court using the CM/ECF system, which will then send a notification of such filing 

(NEF) to all parties registered to receive notice thereof. 

 /s/ James E. Kane 

 James E. Kane 

Case 16-32156-KRH Doc 30 Filed 03/24/21 Entered 03/24/21 11:59:32 Desc Main

Document Page 5 of 6
 Label Matrix for local noticing UST smg Richmond United States Bankruptcy Court 

 0422-3 Office of the U. S. Trustee 701 East Broad Street 

 Case 16-32156-KRH 701 East Broad St., Suite 4304 Richmond, VA 23219-1888 

 Eastern District of Virginia Richmond, VA 23219-1849 

 Richmond 

 Tue Mar 23 16:36:10 EDT 2021 

 Cawthorn, Deskevich & Gavin (p)INTERNAL REVENUE SERVICE (p)FOCUSED RECOVERY SOLUTIONS 

 9701 Metropolitan Court CENTRALIZED INSOLVENCY OPERATIONS 9701 METROPOLITAN COURT 

 Suite C PO BOX 7346 STE B 

 Richmond, VA 23236-3694 PHILADELPHIA PA 19101-7346 RICHMOND VA 23236-3690 

 

 HCA Health Services Henrico Doctors Hospital Internal Revenue Service 

 One Park Plaza Resurgent Capital Services PO Box 7346 

 Nashville, TN 37203-6527 PO Box 1927 Philadelphia, PA 19101-7346 

 Greenville, SC 29602-1927 

 Transworld Sys Inc/38 Viginia Emergency Physicians Virginia Dept. of Taxation 

 507 Prudential Rd 5801 Bremo Road Post Office Box 2156 

 Horsham, PA 19044-2308 Richmond, VA 23226-1907 Richmond, VA 23218-2156 

 Curtis Anthony Wiley James E. Kane Suzanne E. Wade 

 3005 Dunwick Road Kane & Papa, PC 341 Dial 877-996-8484 Code 2385911 

 Richmond, VA 23230-1915 1313 East Cary Street 7202 Glen Forest Drive, Ste. 202 

 P.O. Box 508 Richmond, VA 23226-3770 

 Richmond, VA 23218-0508 

 

 The preferred mailing address (p) above has been substituted for the following entity/entities as so specified 

 by said entity/entities in a Notice of Address filed pursuant to 11 U.S.C. 342(f) and Fed.R.Bank.P. 2002 (g)(4). 

 Department of Treasury Focused Recovery Solutions End of Label Matrix 

 PO Box 249 9701 Metropolitan Ct. Mailable recipients 14 

 Internal Revenue Service Suite B Bypassed recipients 0 

 Memphis, TN 38101-0249 Richmond, VA 23236-0000 Total 14 

Case 16-32156-KRH Doc 30 Filed 03/24/21 Entered 03/24/21 11:59:32 Desc Main

Document Page 6 of 6