IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division

IN RE: )

)

ROSINA DENISE COOK ) Case No. 16−32472−KRH

) Chapter 13

Debtor )

AMENDED MOTION TO INCUR DEBT

COMES NOW, the Debtor, by counsel, and as and for her Motion to Incur Debt, states as 

follows:

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

16, 2016.

2. The Debtor has applied for and Movement Mortgage, LLC has pre-approved a

FHA fixed-rate home mortgage to the Debtor in the amount of $354,815.00 plus interest

estimated at 5.250% and APR estimated at 6.268% to be repaid with 360 equal monthly 

payments of around $2,519.79 for the principal, interest, taxes, and insurance. The Pre-approval 

Letter is attached hereto as Exhibit A and the Approximate Loan Cost Illustration is attached 

hereto as Exhibit B and are incorporated herein by this reference.

3. The Debtor has entered into a contract (“Contract”) to purchase the property 

(“Property”) located at 5149 Virgil Drive, Henrico, Virginia 23231, which is also described as

Lot 18, Section D in the Community of Mansfield Woods in the County of Henrico. 

4. On February 22, 2019, or as soon thereafter as may be practicable, the Debtor 

intends to close on the Property per the terms of the Contract. Said Contract is attached hereto as 

Exhibit C and is incorporated herein by this reference.

Case 16-32472-KRH Doc 31 Filed 09/14/18 Entered 09/14/18 15:07:32 Desc Main

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5. The Debtor needs to purchase the referenced property because she is the mother to 

four children, all whom live with her, and her family has outgrown their rental. The source of 

funds for the approximate $12,740.28 down payment will be from her increase in income due to 

two job promotions, child support, and tax refunds.

6. The purchase of the property is in the best interest of the Debtor and will facilitate 

her ability to perform under her Chapter 13 Plan filed herein.

7. The Debtor’s Chapter 13 Plan has been confirmed.

WHEREFORE, the Debtor requests that the Court enter an Order approving the aforesaid 

loan on the terms stated herein and for such other relief as the Court may deem appropriate.

ROSINA DENISE COOK

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

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CERTIFICATE OF SERVICE

I hereby certify that on September 14, 2018, 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 counsel of record who have signed up to receive such notification and by first class 

mail to the parties on the attached list.

/s/ James E. Kane

 James E. Kane

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IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division

IN RE: )

)

ROSINA DENISE COOK ) Case No. 16−32472−KRH

) Chapter 13

Debtor )

NOTICE OF MOTION

The above Debtor has filed an Amended Motion to Incur Debt 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.

P.O. Box 508

Richmond, Virginia 23218-0508

• Attend a hearing to be scheduled at a later date. You will receive a 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.

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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: September 14, 2018 ROSINA DENISE COOK

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 September 14, 2018, 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 counsel of record who have signed up to receive such notification and by first class 

mail to the parties on the attached list.

/s/ James E. Kane

 James E. Kane

Case 16-32472-KRH Doc 31 Filed 09/14/18 Entered 09/14/18 15:07:32 Desc Main

Document Page 5 of 19
Date Issued: September 12, 2018 

Congratulations Rosina Denise Cook, I am thrilled to let you know that you

have been issued a Pre-Approval!

Movement's Pre-Approval is a little different than the industry standard

Pre-Approval or Pre-Qualification. Receiving this document means that one of

our experienced Underwriters has reviewed your income and credit

documentation and made a decision that you are pre-approved to purchase

your new home, based on the following terms:

f5510p1 05/25/18 sssm pd:9/12/18 

PROPOSED LOAN TERMS

Address: tbd, Henrico, VA 23231 

Loan Type: FHA Loan Amount: $354,815.00 

Purchase Price: $364,008.00 Expiration Date: 8/7/2018

At Movement, we're on a mission to love and value people by leading a

Movement of Change in our industry. That means guiding you and your real

estate agent through your home purchase. If you have any questions or

concerns, I'm here to help. 

Sincerely, 

Jennifer Loth

Loan Officer | 186040 

jennifer.loth@movement.com | (804)381-0847x11847

www.movement.com 8720 Stony Point Pkwy, 200, 250 Page 1

Richmond, VA 23235

2562779-5510-1-2-199

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This Pre-approval is for loan amount of $354,815.00 based on a sales price of $364,008.00. 

An underwriter has reviewed certain information provided by you and is issuing this Pre-approval based upon this

information. This Pre-approval is subject to the verification of the accuracy of the information submitted, your

financial condition and your credit worthiness not materially changing after such verification and the identification

of a subject property (if one has not already been identified) that meets Movement's appraisal guidelines.

Additionally, a final Mortgage Loan Approval will only be issued upon a review and approval of a complete loan

application, appraisal, title report, and other supporting documentation as may be required by your underwriter or

Movement's underwriting guidelines. 

When we receive a completed application for your mortgage loan and complete the required remaining

verifications (outlined above), Movement will set an estimated Closing Date based upon your request and an

estimate of the time that it will take to finish processing and underwriting your mortgage loan application. Please

be advised that any Closing Date is an estimate and while Movement will make reasonable efforts to meet the

estimated Closing Date, events may occur that may require that your closing be delayed. 

If you have any questions about this letter or the status of pre-approval, please call me directly at

(804)381-0847x11847. All of us here at Movement appreciate the opportunity to earn your business. 

VA - MLO-304VA | Movement Mortgage, LLC supports Equal Housing Opportunity. NMLS ID #39179

(www.nmlsconsumeraccess.org) | 877-314-1499. Movement Mortgage, LLC is licensed by AL # 21022, AK # AK39179, AZ #

0918544, AR # 105002, “CA Department of Business Oversight under the California Residential Mortgage Lending Act” #

4131054, "CO Regulated by Division of Real Estate", CT # ML-39179, DE # 012644, District of Columbia Mortgage Dual

Authority License #MLB39179, FL # MLD200 & MLD1360, GA # 23002, ID # MBL-8027 & RRL-9397, "Illinois Residential

Mortgage Licensee" # MB.6760898, IN # 18121, IA # 2013-0023 & 88883410, “Kansas Licensed Mortgage Company” #

SL.0026458, KY # MC85066, LA, ME # 39179, MD # 19094, MA Banker & Lender # MC39179, MI # FR0018717 &

SR0020189, MN # MN-MO-39179, “Mississippi Dept of Banking and Consumer Finance" # 39179, MO # 16-2096, NE, NV #

3402 & 3401, Licensed by the New Hampshire Banking Department 20985-MB, “Licensed by the N.J. Department of Banking

and Insurance", NM, “Licensed Mortgage Banker-NYS Banki ng Dept” #B500997, NC # L-142670, ND # MB102519, OH #

SM.501922.000 & MB.804187.000, OK # ML002646, OR # ML-5081, PA # 34374, Rhode Island Licensed Lender, Broker

and Servicer 20153194LL & 20153195LB & 20153196LS, SC # MLS-39179, SD # ML.05007, TN # 112748, TX, UT #

7773921, VT #M 6862 & 39179-1, VA # MC-5112, WA # CL-39179, WV # MB-32019 & ML-32020, WI # 39179BA &

39179BR. Interest rates and products are subject to change without notice and may or may not be available at the time of

loan commitment or lock-in. Borrowers must qualify at closing for all benefits. “Movement Mortgage” is a registered trademark

of the Movement Mortgage, LLC, a Delaware limited liability company. 8024 Calvin Hall Rd, Indian Land, SC 29707.

f5510p2 09/22/17 ss pd:9/12/18 

www.movement.com 8720 Stony Point Pkwy, 200, 250 Page 2

Richmond, VA 23235

2562779-5510-2-2-199

Case 16-32472-KRH Doc 31 Filed 09/14/18 Entered 09/14/18 15:07:32 Desc Main

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f5151 10/06/15 sm pd:9/14/18 

Date Prepared: September 14, 2018 Loan Number: 2562779

Applicant(s): Rosina Denise Cook

Programs: FHA 30

Loan Officer: Jennifer Loth Cell Phone: (804)380-7182

NMLS: 186040

APPROXIMATE LOAN COST ILLUSTRATION

APPROXIMATE COST OF CLOSING FEES

The information provided below regarding Approximate Cost of Closing Fees, Approximate Total Funds

Needed To Close and the Approximate Total Monthly Payment (collectively referred to as Approximate Loan

Cost Illustration) are only approximations. This is an Approximate Loan Cost Illustration and is NOT a

mortgage loan approval or commitment to lend. 

Your actual rate, payment, and costs

could be higher. Get an official Loan

Estimate before choosing a loan.

Appraisal $600.00

Credit Report Fee $75.00

Underwriting Fee $895.00

Flood Certification Fee $7.00

IRS Transcript Fee $20.00

Hazard Insurance Premium $591.96

Hazard Insurance Escrows $98.66

County Property Taxes $791.73

Aggregate Adjustment -$246.68

APPROXIMATE TOTAL OF FUNDS NEEDED 

TO CLOSE APPROXIMATE TOTAL MONTHLY PAYMENT

less Total Loan Amount

Purchase Price/Total Liens

less Secondary Financing

Amount

plus Mortgage Insurance or

Funding Fee

plus Approximate Closing

Fees Pd by Borrower

Interest Rate

APR

Maturity Term

Principal & Interest (or Interest

Only payment)

Other Financing 

(P&I)

Real Estate Taxes

Mortgage Insurance (if applicable)

$2,766.87

$9,621.99

5.250%

6.268%

$1,959.30

$0.00

$263.91

$49.33

$0.00

$247.25

$20,613.79

3.50%

360 mos 30 yrs

$364,008.00

less Earnest Money/Credits $1,000.00

Down Payment

$354,815.00

$0.00

$3,548.16

$6,855.12

plus Approximate Pre-paid

Items/Reserves $2,766.87

less Borrower's closing cost 

paid by Seller $749.36

$12,740.28

Insurance

Homeowners Association 

(if applicable)

Other $0.00

$2,519.79

Total Approximate Funds 

needed to close

Total Approximate Monthly 

Payment

Total Approximate Cost of Prepaid Interest and Escrows

Total Approximate Cost of Settlement Charges

less POC fees

paid by Borrower $0.00

APPROXIMATE COST OF PREPAID INTEREST AND ESCROW/RESERVES

Total Approximate Cost of Closing Fees $6,855.12

Interest for 30 days @ $51.04 per day $1,531.20

The Total Approximate Monthly Payment is based on the principal amount, loan term and interest rate

shown and assumes a fixed rate loan. Your interest rate may be different and will be determined after you

apply for a loan. 

Examination $100.00

Settlement Service $425.00

Lenders Title Insurance $1,018.64

Document Preparation $100.00

Closing Protection Letter $20.00

Abstract $150.00

Binder $100.00

Recording Deed $43.00

Transfer Taxes $619.03

Grantor Tax County $192.68

Transfer Taxes $1,857.09

Grantor Tax County $182.00

Recording Mortgage $76.00

Grantor Tax State $192.68

Grantor Tax State $182.00

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 Label Matrix for local noticing Capital One Auto Finance Capital One Auto Finance c/o AIS Portfolio S 

 0422-3 P.O. Box 201347 P.O. BOX 4360 

 Case 16-32472-KRH Arlington, TX 76006-1347 Houston, TX 77210-4360 

 Eastern District of Virginia 

 Richmond 

 Tue May 8 13:42:41 EDT 2018 

 Capital One Auto Finance c/o AIS Portfolio S Henrico County, Virginia United States Bankruptcy Court 

 4515 N Santa Fe Ave. Dept. APS HENRICO CONTY 701 East Broad Street 

 Oklahoma City, OK 73118-7901 P.O. BOX 90775 Richmond, VA 23219-1888 

 HENRICO, VA 23273-0775 

 

 AMCA Account Control Systems, Inc. Ashley Funding Services, LLC its successors 

 P.O. Box 1235 85 Chestnut Ridge Rd. assigns as assignee of Laboratory 

 Elmsford, NY 10523-0935 Suite 113 Corporation of America Holdings 

 Montvale, NJ 07645-1836 Resurgent Capital Services 

 PO Box 10587 

 Greenville, SC 29603-0587 

 Bon Secours Memorial Regional Med Ctr Bureaus Investment Group Portfolio No 15 LLC COUNTY OF HENRICO, VIRGINIA 

 c/o Patrick F. Heinen, Esq. c/o Recovery Management Systems Corp ANDREW R. NEWBY 

 Spinella, Owings & Shaia, P.C. 25 SE 2nd Avenue Suite 1120 ASSISTANT COUNTY ATTORNEY 

 8550 Mayland Dr. Miami FL 33131-1605 P.O. BOX 90775 

 Richmond, VA 23294-4704 HENRICO, VIRGINIA 23273-0775 

 

 Capital One Capital One Auto Finance Capital One Auto Finance, a division of Capi 

 Po Box 30285 7933 Preston Rd 4515 N Santa Fe Ave. Dept. APS 

 Salt Lake City, UT 84130-0285 Plano, TX 75024-2302 Oklahoma City, OK 73118-7901 

 Capital One Auto Finance, c/o Ascension Capi Capital One Bank (USA), N.A. Comenity Bank/Victoria Secret 

 P.O. Box 201347 PO Box 71083 Po Box 18215 

 Arlington, TX 76006-1347 Charlotte, NC 28272-1083 Columbus, OH 43218-0000 

 Commonwealth of Virginia County of Henrico, VA Department Store National Bank 

 Department of Taxation PO Box 90775 c/o Quantum3 Group LLC 

 P.O. Box 2156 Dept of Finance PO Box 657 

 Richmond, VA 23218-2156 Henrico, VA 23273-0775 Kirkland, WA 98083-0657 

 Dr. Overton Wiley Kirchmer ECMC Ecmc 

 10410 Ridgefield Pkwy. PO Box 16408 1 Imation Place 

 Henrico, VA 23233-3500 St. Paul, MN 55116-0408 Bldg 2 

 Oakdale, MN 55128-3422 

 FMS, Inc. Firstsource Advantage, LLC (p)FOCUSED RECOVERY SOLUTIONS 

 PO Box 707600 PO Box 628 9701 METROPOLITAN COURT 

 Tulsa, OK 74170-7600 Buffalo, NY 14240-0628 STE B 

 RICHMOND VA 23236-3690 

 Ginny’s Ginnys/Swiss Colony Inc Glasser & Glasser 

 c/o Creditors Bankruptcy Service 1112 7th Ave 580 E. Main St. 

 P.O. Box 800849 Monroe, WI 53566-1364 Suite 600 

 Dallas, TX 75380-0849 Norfolk, VA 23510-2322 

Case 16-32472-KRH Doc 31 Filed 09/14/18 Entered 09/14/18 15:07:32 Desc Main

Document Page 17 of 19
 Henrico Area Mental Health IC Systems, Inc (p)INTERNAL REVENUE SERVICE 

 10299 Woodman Rd. 444 Highway 96 East CENTRALIZED INSOLVENCY OPERATIONS 

 Glen Allen, VA 23060-4419 Po Box 64378 PO BOX 7346 

 St Paul, MN 55164-0378 PHILADELPHIA PA 19101-7346 

 

 Internal Revenue Service MCV HOSPITAL MCV Physicians 

 PO Box 7346 P O BOX 980462 PO Box 91747 

 Philadelphia, PA 19101-7346 RICHMOND, VA 23298-0462 Richmond, VA 23291-9747 

 MIDLAND FUNDING LLC Midland Funding POM Recoveries 

 PO Box 2011 2365 Northside Dr PO Box 602 

 Warren, MI 48090-2011 Suite 300 Lindenhurst, NY 11757-0602 

 San Diego, CA 92108-2709 

 Pediatric Center (p)PORTFOLIO RECOVERY ASSOCIATES LLC Professional Bureau of Collect 

 10571 Telegraph Rd. PO BOX 41067 P.O. Box 4157 

 Suite 110 NORFOLK VA 23541-1067 Englewood, CO 80155-4157 

 Glen Allen, VA 23059-4652 

 Receivables Performance Mgmt Synchrony Bank/PayPal Cr Synchrony Bank/Walmart 

 Attn: Bankruptcy Attn: Bankruptcy Attn: Bankruptcy 

 Po Box 1548 Po Box 103104 Po Box 103104 

 Lynnwood, WA 98046-1548 Roswell, GA 30076-9104 Roswell, GA 30076-9104 

 TD Bank USA, N.A. Target The Bureaus Inc. 

 C O WEINSTEIN & RILEY, PS C/O Financial & Retail Services 650 Dundee Rd 

 2001 WESTERN AVENUE, STE 400 Mailstop BT PO Box 9475 Ste 370 

 SEATTLE, WA 98121-3132 Minneapolis, MN 55440-9475 Northbrook, IL 60062-2757 

 Virginia Department of Tax Visa Dept Store National Bank Wells Fargo Auto 

 P.O. Box 1115 Attn: Bankruptcy Po Box 29704 

 Richmond, VA 23218-1115 Po Box 8053 Phoenix, AZ 85038-9704 

 Mason, OH 45040-8053 

 Wells Fargo Bank, N.A. - Wells Fargo Auto Fi James E. Kane Rosina Denise Cook 

 PO Box 29706 Kane & Papa, PC 6464 Springcrest Lane 

 Phoenix, AZ 85038-9706 1313 East Cary Street Henrico, VA 23231-5324 

 P.O. Box 508 

 Richmond, VA 23218-0508 

 

 Suzanne E. Wade 

 P.O. Box 1780 

 Richmond, VA 23218-1780 

 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). 

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 Focused Recovery Solutions Internal Revenue Service Portfolio Recovery 

 9701-Metropolitan Ct Kansas City, MO 64999-0002 Attn: Bankruptcy 

 Ste B Po Box 41067 

 Richmond, VA 23236-0000 Norfolk, VA 23541-0000 

 

 (d)Portfolio Recovery Associates, LLC 

 POB 41067 

 Norfolk VA 23541 

 The following recipients may be/have been bypassed for notice due to an undeliverable (u) or duplicate (d) address. 

 (u)Wellsfargo bank n.a. End of Label Matrix 

 Mailable recipients 54 

 Bypassed recipients 1 

 Total 55 

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