UNITED STATES BANKRUPTCY COURT 

FOR THE 

EASTERN DISTRICT OF VIRGINIA

Alexandria Division

In the Matter of:

Chapter 13

CHEOL MI RIM

Case No. 15-13174-BFK

Debtor

MOTION TO DISMISS,

NOTICE OF MOTION TO DISMISS

AND

NOTICE OF SCHEDULED HEARING ON THIS MOTION

Thomas P. Gorman, Chapter 13 Trustee, has filed this motion to dismiss your 

Chapter 13 case. The cause for this motion is as follows:

Violation of Bankruptcy Rule 4002(b)(1) and 11 U.S.C. §521(a)(3) – Failure to 

cooperate with the Office of the Chapter 13 Trustee. Failure of the Debtor to produce 

verification of her Social Security number at her October 13, 2015 Section 341 

Meeting of Creditors. Instead, Debtor presented her husband’s Social Security card to 

Trustee.

Violation of 11 U.S.C. §109(e) – Exceeds Statutory Debt Limit & 11 U.S.C. 

§1307(c) – Petition Not Filed in Good Faith

Debtor’s Schedule D shows a total of $1,148,040.00 in secured debt, which 

does not include the second deed of trust on Debtor’s residence held by Ocwen Loan 

Servicing, LLC in the amount of $122,125.00 and listed on Schedule F.1 Additionally, 

BB&T has filed a secured claim in the amount of $12,228.71 (Claim No. 1) that is not 

listed in Debtor’s Schedules2 and brings her total secured debt to $1,282,393.71,

inclusive of the second deed of trust claim, which exceeds the statutory secured debt 

limit of $1,149,525.00 under §109(e).

Additionally, Debtor did not file her Chapter 13 petition in good faith as she 

already knew she is not eligible to be a Chapter 13 debtor. This is Debtor’s second 

Chapter 13 case. Debtor’s first Chapter 13 case 15-10758-BFK was filed as a joint 

case with her husband, Sung Se Rim, on March 4, 2015. Based on the Schedule F filed 

in that case showing that Debtor and her husband’s unsecured debt totaled $507,875.00 

 1 Debtor’s Chapter 13 Plan proposes to avoid the second deed of trust on her residence, which cannot be 

done as Debtor owns her residence with her husband as tenants by the entireties.

2 A Proof of Claim for this debt was also filed in Debtor’s prior Chapter 13 case as Claim No. 12.

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Notice and Motion to Dismiss

Cheol Mi Rim, Case #15-13174-BFK 

and exceeded the statutory debt limit, Trustee filed a Motion to Dismiss under 11 

U.S.C. §109(e).3 Shortly before the hearing on Trustee’s Motion to Dismiss, Debtor’s 

husband Sung Se Rim filed a Notice of Voluntary Conversion to Chapter 7 on May 20, 

2014 (Doc. No. 34), and Debtor consented to Trustee’s Motion to Dismiss and 

conceded that her unsecured debts exceeded the statutory debt limit under §109(e). An 

Order Granting Trustee’s Motion to Dismiss under 11 U.S.C. §109(e) was endorsed by 

Debtor’s counsel and entered by the Court on May 20, 2014 (Doc. No. 38).

In Debtor’s present case, Debtor’s Schedule F only shows $244,022.00 in 

unsecured debt. Upon comparison of Debtor’s Schedule F filed in her present case and 

the Schedule F filed in her prior Chapter 13 case, Trustee notes that several of Debtor’s 

individual and joint debts listed in her prior case are inexplicably missing from her 

Schedule F filed in this case. To date, there has already been one unlisted4 unsecured 

claim filed in this case by BB&T (Claim No. 2) in the amount of $1,923.91. 

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 grant the relief sought in the motion, or if you 

want the court to consider your views on the motion, then 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 

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 November 12, 2015 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, Ste. 400

 3 Trustee notes that Debtor and her husband marked every single claim listed on their Schedules D and F 

as “unliquidated” and a significant number of claims listed on Schedule F were listed as “Notice 

purpose” and amounts “unknown” (but nonetheless marked as “unliquidated”).

4 A Proof of Claim for this debt was also filed in Debtor’s prior Chapter 13 case as Claim No. 11.

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Notice and Motion to Dismiss

Cheol Mi Rim, Case #15-13174-BFK 

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: __October 23, 2015_____ __/s/ Thomas P. Gorman______

Thomas P. Gorman

Chapter 13 Trustee

300 N. Washington Street, #400

Alexandria, VA 22314

(703) 836-2226

VSB 26421

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CERTIFICATE OF SERVICE

I hereby certify that I have this 23th day of October, 2015, served via ECF to 

authorized users or mailed a true copy of the foregoing Motion to Dismiss, Notice of 

Motion and Notice of Hearing to the following parties.

Cheol Mi Rim

Chapter 13 Debtor

5333 Blue Aster Circle

Centreville, VA 20120 

Weon Geun Kim

Attorney for Debtor

8200 Greensboro Drive, Suite 900

McLean, VA 22102 

___/s/ Thomas P. Gorman_____

Thomas P. Gorman

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