IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

In Re: Demetrice Antonio Jones 

 & Cheryl Dionne Jones ] Case. No. 15-35268-KLP

]

Debtors. ] Chapter 13

_________________________________________ ]

Demetrice Antonio Jones ]

& Cheryl Dionne Jones ] Adversary Proceeding

] No.: 15-03459

Plaintiff, ]

v. ]

]

OLD TOWN MOTORS, INC ]

]

Defendant. ]

MOTION FOR PRELIMINARY INJUNCTION 

AND TURNOVER PENDING COMPLAINT

1. Plaintiffs are the Debtors in the above-captioned chapter 13 case. This Court has original 

jurisdiction over this action, which arises in a case under the Bankruptcy Code and 

concerns property of the estate, pursuant to 28 U.S.C. 1334. This proceeding is a core 

proceeding.

2. Certain of Plaintiffs’ exempt property, which is property of the estate as defined by 11 

U.S.C. § 541, to wit an automobile in which they have an interest, is in the possession of

Defendant.

3. At the time their petition was filed, Debtors gave notice of the filing to Defendant, 

through counsel.

4. Defendant refused to turnover the property demanding payment in full of its security 

interest to release the property.

5. Under 11 U.S.C. § 1306, Debtors are entitled to possession of all property of the estate.

6. Plaintiffs have provided Defendant adequate protection by offering to pay Defendant in 

full through their Chapter 13 plan and by providing proof of automobile insurance.

7. Debtors have the right to redeem the property under Va. Code § 8.9A-623 and that right 

has become part of the bankruptcy estate pursuant to 11 U.S.C. 541. See also Tidewater 

Finance Company v. Moffett, 356 F.3d 518 (4th Cir, 2004).

Case 15-03459-KLP Doc 7 Filed 11/05/15 Entered 11/05/15 16:51:01 Desc Main

 Document Page 1 of 2
8. Nonetheless, Defendant has refused to turn over Debtors’ automobile as required by 11 

U.S.C. § 542.

9. Debtor filed an Adversary Proceeding on November 03, 2015 to force the turnover. 

Counsel for the plaintiff has made diligent effort to obtain the release of the vehicle in

question, and the failure of the defendant to return the vehicle has done and will continue 

to do severe harm to the financial prospects of the plaintiff to maintain their Bankruptcy 

estate.

10. The actions of the defendant are harmful to the estate and to all creditors.

11. Failure to turnover the vehicle at this time will cause irreparable harm to the Plaintiff, 

whereas damages are available to the defendant.

WHEREFORE, the plaintiffs request that this court enjoin any sale of the motor vehicle 

in question and order the defendants to turnover the vehicle to the plaintiffs pending the outcome 

of the underlying adversary proceeding.

DATED: November 5, 2015 _/s/Brian K Stevens , Esq _

Brian K. Stevens, Esq VSB~25974

America Law Group, Inc

Counsel for Plaintiff

2312 Boulevard

Colonial Heights, VA 23834

804-520-2428

804-518-5121 (fax)

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing document was electronically served and/or 

mailed first class, postage prepaid to: Old Town Motors, Inc. C/O William David Mueller 544 

East Washington Street, Petersburg VA 23803 on this 5th day of November, 2015.

DATED: November 5, 2015 _/s/Brian K Stevens , Esq _

Brian K. Stevens, Esq VSB~25974

America Law Group, Inc

Counsel for Plaintiff

2312 Boulevard

Colonial Heights, VA 23834

804-520-2428

804-518-5121 (fax)

Case 15-03459-KLP Doc 7 Filed 11/05/15 Entered 11/05/15 16:51:01 Desc Main

 Document Page 2 of 2