James E. Kane (VSB# 30081) 

Kane & Papa, P.C. 

P. O. Box 508 

Richmond, Virginia 23218-0508 

Telephone (804) 225-9500 

Counsel for Debtor 

IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

Richmond Division 

 

IN RE: ) 

 ) 

SHANNON DIXON STRAUB ) Case No. 15-35823-KLP 

 ) Chapter 13 

 Debtor ) 

MOTION TO AVOID LIENS 

 COMES NOW, the Debtor, by counsel, and as and for Debtor’s Motion to Avoid 

Nonpossessory, Nonpurchase- Money Judgment Liens, states as follows: 

1. The Debtor commenced this case on November 11, 2015 by filing a voluntary 

petition for relief under Chapter 13 of Title 11 of the United States Bankruptcy Code. 

2. The estate of the Debtor includes an in interest in real estate located at 9127 

Newcastle Drive, Mechanicsville, Virginia 23116, more particularly described as: 

All that certain lot Piece or parcel of land with all improvements thereon and 

appurtenances thereto belonging, lying and being in the County of Hanover, 

Virginia and Shown and designated as Lot 4 Block C, Section One, on 

Subdivision Plat of Ash Creek, Recorded in the Clerk’s Office of the Circuit 

Court of Hanover County, Virginia, in Subdivision Plat Book 7, page 279, to 

which plat reference is hereby made for a more particular description of the 

property. 

(“Property”) 

3. Truist Bank f/k/a Branch Banking & Trust Company (“Truist”) has claimed a 

judgment lien of $4,562.69 against the Property (“First Judgment Lien”). 

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4. Capital One Bank (“Capital One”) has claimed a judgment lien of $3,905 against 

the Property (“Second Judgment Lien”). 

5. The Property has been claimed as fully exempt in Debtor’s bankruptcy case. 

6. The existence of Truist’s and Capital One’s judgment liens on the Property 

impairs exemptions to which the Debtor would be entitled under 11 U.S.C. § 522(b). 

7. In addition, there is a recorded first deed of trust against the Property by Wells 

Fargo Bank, N.A. (“Wells Fargo”), which at the time of the filing of this case had an 

approximate balance of $164,928.30, and which deed of trust is dated April 27, 2004 and is 

recorded in the Clerk’s Office of the Hanover County Circuit Court in Deed Book 2307 at Page 

747 (“First Deed of Trust”). 

8. There is also a recorded second deed of trust against the Property by PNC Bank 

(“PNC”), which at the time of the filing of this case had an approximate balance of $46,740. 

(“Second Deed of Trust”) 

9. Based upon the value of the Property ($249,000.00) and the balance of the note 

secured by the First Deed of Trust and Second Deed of Trust, the First Judgement Lien and the 

Second Judgment Lien on the Property are fully unsecured. 

10. The Debtor’s confirmed Chapter 13 plan provides for the avoidance of the 

aforesaid nonpossessory, non-purchase money judgment liens of Truist and Capital One. 

WHEREFORE, Debtor prays for an order avoiding Truist’s and Capital One’s judgment 

liens against the Property, and for such additional or alternative relief as may be just and proper. 

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Respectfully submitted, 

SHANNON DIXON STRAUB 

By Counsel 

/s/ James E. Kane 

James E. Kane (VSB# 30081) 

Kane & Papa, P.C. 

P. O. Box 508 

Richmond, Virginia 23218-0508 

Telephone (804) 225-9500 

Counsel for Debtor 

CERTIFICATE OF SERVICE

I hereby certify that on February 5, 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 I mailed a true and exact copy of the 

of the foregoing motion, by Certified Mail to: 

Capital One Bank 

c/o Richard D. Fairbank, CEO 

1680 Capital One Drive 

McLean, VA 22102 

Truist Bank 

c/o Christopher L. Henson, President 

200 West Second Street 

Winston-Salem, NC 27101 

 /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: ) 

 ) 

SHANNON DIXON STRAUB ) Case No. 15-35823-KLP 

 ) Chapter 13 

 Debtor ) 

NOTICE OF MOTION

 The above Debtor has filed a Motion to Avoid Liens of Truist Bank and Capital One 

Bank. 

 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 Motion, 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 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. 

Respectfully submitted, 

SHANNON DIXON STRAUB 

By Counsel 

/s/ James E. Kane 

James E. Kane (VSB# 30081) 

Kane & Papa, P.C. 

P. O. Box 508 

Richmond, Virginia 23218-0508 

Telephone (804) 225-9500 

Counsel for Debtor 

CERTIFICATE OF SERVICE

I hereby certify that on February 5, 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 I mailed a true and exact copy of the 

of the foregoing notice, by Certified Mail to: 

Capital One Bank 

c/o Richard D. Fairbank, CEO 

1680 Capital One Drive 

McLean, VA 22102 

Truist Bank 

c/o Christopher L. Henson, President 

200 West Second Street 

Winston-Salem, NC 27101 

 /s/ James E. Kane 

 James E. Kane 

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