Susan H. Call, Esquire

Staff Counsel for

Carl M. Bates, Chapter 13 Trustee

P.O. Box 1819

Richmond, VA 23218-1819

(804) 237-6800

VSBN 34367

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division

IN RE: )

Oliver Lawrence )

 Debtor ) Case No. 17-30339-KRH

 ) Chapter 13

)

RESPONSE TO MOTION FOR VOLUNTARY DISMISSAL BY DEBTOR 

COMES NOW, your Chapter 13 Trustee, by Counsel, and responds to Debtor’s Motion for 

Voluntary Dismissal as follows:

1. The debtor’s case was filed on January 24, 2017. 

2. Though having knowledge of the 341 hearing, the debtor failed to appear at the 341 

hearing. There were two creditors representing themselves and two counsels for a 

creditor present.

3. Based upon information in the Trustee’s Motion to Convert, and based upon 

information in the U.S. Trustee’s Motion to Convert, this case needs to be converted to 

a Chapter 7 case, and not dismissed to allow a Chapter 7 Trustee to examine assets, and 

transfers made by the debtor.

4. The debtor is acting in bad faith by filing a Motion to Dismiss, and failing to disclose all 

correct information on his bankruptcy schedules filed in the case. 

5. The debtor in Gorman v. Abebe, 23012 WL 6965718 (E.D. Va. 2012) filed a Motion to 

Sell Real Estate for Short Sale, but it was discovered that she would receive an amount 

of $25,000.00 of the proceeds. The debtor and Trustee came to an agreement that the 

debtor would receive $6,000.00, and the Trustee would receive $19,000.00 for 

distribution to creditors of the debtor. After the sale, the debtor moved for Voluntary 

Dismissal of her case under 1307 (b). The Trustee lost on his Motion to Vacate the 

Dismissal at the Bankruptcy Court level, and appealed to the District Court, which 

reversed the Bankruptcy Court’s ruling and held that the right to dismiss is not absolute, 

and is only absolute as to good faith debtors. The District Court cited Marrama v. 

Citizens Bank of Massachusetts, 549 U.S. 365 (2007) stating “that a debtor is no longer 

entitled to seek benefits under the code where the debtor has tried to take advantage of 

the Bankruptcy forum”. 

6. The debtor in In Re Criscuolo, 2014 WL 1910078, received a substantial $1 million 

earning for one year during the course of his plan, and concealed that from the Trustee. 

The Trustee moved to dismiss the case with prejudice, and to retain and disburse a large 

Case 17-30339-KRH Doc 18 Filed 03/06/17 Entered 03/06/17 13:43:48 Desc Main

 Document Page 1 of 6
Susan H. Call, Esquire

Staff Counsel for

Carl M. Bates, Chapter 13 Trustee

P.O. Box 1819

Richmond, VA 23218-1819

(804) 237-6800

VSBN 34367

sum received in the amount of $70,000.00 tendered to the Trustee under an 

unconfirmed modified plan term. Based upon In Re Abebe, and In Re Mitrano, 472 B.R. 

706 (E.D. Va. 2012), (In the case of In Re Mitrano, the debtor acted in bad faith, and 

was untruthful in his schedules filed, and his case was dismissed with predjudice 

barring refilling against unsecured claimholders per the claims filed), the Court held 

that while the Trustee had to return the large sum, with deduction of administrative 

expenses, due to the lack of a confirmed plan or other order directing the debtor pay the 

$70,000.00 funds to the Trustee, the Trustee’s Motion to Dismiss with prejudice was 

granted stating “that the Court retained the authority to sanction a debtor for bad faith 

conduct as long as the sanctions do not contravene any explicit provisions of the 

Bankruptcy Code”. 

WHEREFORE, the Chapter 13 Trustee respectfully requests that the Court deny the debtor’s 

Motion to Voluntarily Dismiss.

Carl M. Bates

Chapter 13 Trustee

BY COUNSEL:

/s/Susan H. Call

Susan H. Call

CERTIFICATE OF SERVICE

I hereby certify that on March 6, 2017, a copy of the foregoing Response was 

electronically transmitted and/or mailed, first class mail, postage prepaid, to Debtor, Oliver 

Lawrence, at 12384 Mechumps Creek Lane, Ashland, VA; to Aubrey F. Hammond, Jr., 

Esquire, at aubreyhammond@netscape.net, Counsel for the Debtor, and to all necessary parties 

in interest.

/s/ Susan H. Call

Susan H. Call, VSB #34367

Staff Counsel for Carl M. Bates, 

Chapter 13 Trustee

Case 17-30339-KRH Doc 18 Filed 03/06/17 Entered 03/06/17 13:43:48 Desc Main

 Document Page 2 of 6
Susan H. Call, Esquire

Staff Counsel for

Carl M. Bates, Chapter 13 Trustee

P.O. Box 1819

Richmond, VA 23218-1819

(804) 237-6800

VSBN 34367

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division

IN RE: )

Oliver Lawrence )

 Debtor ) Case No. 17-30339-KRH

 ) Chapter 13

)

NOTICE OF RESPONSE AND NOTICE OF HEARING

The Chapter 13 Trustee has filed papers with the Court to request a hearing on the Debtor’s Voluntary 

Motion to Dismiss.

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 on or before seven (7) days before the date of the hearing, you 

or your attorney must:

File with the Court, at the address shown below, a written response pursuant to Local 

Bankruptcy Rule 9013-1(H). 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 the date stated above.

Clerk of Court

United States Bankruptcy Court

701 East Broad Street

Richmond, VA 23219

You must also mail a copy to:

Susan H. Call

Counsel for Carl M. Bates

Chapter 13 Trustee

P. O. Box 1890

Richmond, Virginia 23218-1780

Case 17-30339-KRH Doc 18 Filed 03/06/17 Entered 03/06/17 13:43:48 Desc Main

 Document Page 3 of 6
Susan H. Call, Esquire

Staff Counsel for

Carl M. Bates, Chapter 13 Trustee

P.O. Box 1819

Richmond, VA 23218-1819

(804) 237-6800

VSBN 34367

Attend the Hearing scheduled to be held on March 29, 2017, at 11:30 A.M., at the U.S. 

Bankruptcy Court, 701 East Broad Street, Room 5000, Richmond, Virginia, 23219.

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.

s/ Susan H. Call

Susan H. Call, VSB #34367

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Notice was served by first-class mail,

postage prepaid, March 6, 2017, to Oliver Lawrence, at 12384 Mechumps Creek Lane, 

Ashland, VA; to Aubrey F. Hammond, Jr., Esquire, at aubreyhammond@netscape.net, Counsel 

for the Debtor, and to all necessary parties in interest.

/s/ Susan H. Call

Susan H. Call, VSB #34367

Staff Counsel for Carl M. Bates, 

Chapter 13 Trustee

Case 17-30339-KRH Doc 18 Filed 03/06/17 Entered 03/06/17 13:43:48 Desc Main

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 Label Matrix for local noticing Synchrony Bank c/o PRA Receivables Managemen United States Bankruptcy Court 

 0422-3 PO Box 41021 701 East Broad Street 

 Case 17-30339-KRH Norfolk, VA 23541-1021 Richmond, VA 23219-1888 

 Eastern District of Virginia 

 Richmond 

 Thu Mar 2 14:55:23 EST 2017 

 AllianceOne Alvina E. L. Manuel American Express 

 PO Box 3102 4911 Wood Thrush Cir PO Box 981537 

 Southeastern, PA 19398-3102 Apt. 101 Attn: Bankruptcy Dept. 

 Henrico, VA 23231-2833 El Paso, TX 79998-1537 

 

 Barclays Bank Delaware Beach Receivables Company, LLC Capital One Bank 

 125 S. West Street c/o Charles A. Gavin P.O. Box 71083 

 Wilmington, DE 19801-5014 1409 Eastridge Rd Attn: Bankruptcy Dept. 

 Henrico, VA 23229-5501 Charlotte, NC 28272-1083 

 Citibank South Dakota NA City of Richmond City of Richmond - Dept. of Public Utilities 

 c/o Glasser and Glasser Div. of Tax Collection 730 E. Broad Street, 5th Floor 

 PO Box 3400 P.O. Box 26624 Richmond, Va 23219-1861 

 Norfolk, VA 23514-3400 Richmond, VA 23261-6624 

 Credit One DEPARTMENT OF THE TREASURY - IRS First Capital Bank 

 P.O. Box 625 Internal Revenue Service c/o J. P. McGuire Boyd, Jr., 

 Attn: Bankruptcy Dept. P.O. Box 7346 200 South 10th Street 

 Metairie, LA 70004-0625 Philadelphia, PA 19101-7346 Richmond, VA 23219-4091 

 First Data Global Leasing (p)FOCUSED RECOVERY SOLUTIONS Fox Head Homeowners Assn 

 by American InfoSource LP as agent 9701 METROPOLITAN COURT c/o Solodar and Solodar 

 PO Box 248838 STE B 11504 Allecingie Pkwy #100 

 Oklahoma City, OK 73124-8838 RICHMOND VA 23236-3690 Richmond, VA 23235-4317 

 Ivon M. Gomez Jose A. Juarez Luis F. Huerta 

 4200 Balmoral Avenue 4119 Townhouse Road 9210 Greenford Dr 

 #4833 # J Henrico, VA 23294-5712 

 Henrico, VA 23228-3667 Henrico, VA 23228-5316 

 Luis Francisco Huerta, et al Luis M. Gomez Maynor M. M. Bonilla 

 c/o Robert F. Redmond, Jr. Esq 4507 Watchspring Drive 418 Melmark Court 

 PO Box 1320 Richmond, VA 23234-6129 Richmond, VA 23225-6030 

 Richmond, VA 23218-1320 

 Queen Harris Queen Harris Rena Maldonado 

 c/o Dale W. Pittman, Esq c/oThomas D. Domonoske, Esq 2429 Vandover Rd 

 112-A W. Tabb St 763 J. Clyde Morris Blvd, #1A Henrico, VA 23229-3035 

 Petersburg, VA 23803-3212 Newport News, VA 23601-1533 

 Rosa Yesenia Miranda Sherman Hubert Company, LLC Synchrony Bank 

 3303 Fox Chase Drive c/o Charles Gavin c/o of PRA Receivables Management, LLC 

 Midlothian, VA 23112-4415 1409 Eastridge Road PO Box 41021 

 Henrico, VA 23229-5501 Norfolk, VA 23541-1021 

Case 17-30339-KRH Doc 18 Filed 03/06/17 Entered 03/06/17 13:43:48 Desc Main

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 Towne Bank (p)VIRGINIA DEPARTMENT OF TAXATION Yvette Taylor 

 6001 Harbour View Blvd P O BOX 2156 1214 Claiborne Street 

 Suffolk, VA 23435-2767 RICHMOND VA 23218-2156 Richmond, VA 23220-6474 

 

 Yvonne Taylor Aubrey F. Hammond Jr. Carl M. Bates 

 2542 Whitcomb Street 16 North 8th Street P. O. Box 1819 

 Richmond, VA 23223-3856 First Floor Richmond, VA 23218-1819 

 Richmond, VA 23219-3302 

 Oliver Lawrence 

 12384 Mechumps Creek Lane 

 Ashland, VA 23005-7838 

 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). 

 Focused Recovery Solutions VA Department of Taxation 

 9701 Metropolitan Court P.O. Box 1115 

 Suite B Attn: Bankruptcy Dept. 

 Richmond, VA 23236-0000 Richmond, VA 23218-0000 

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

 (u)Fireman’s Fund Insurance Co. End of Label Matrix 

 c/o Eliades Law Firm PLLC Mailable recipients 36 

 731 W. Broadway Bypassed recipients 1 

 MS 38600-0000 Total 37

Case 17-30339-KRH Doc 18 Filed 03/06/17 Entered 03/06/17 13:43:48 Desc Main

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