Office of United States Trustee

Jack Frankel, Attorney

115 S Union Street

Alexandria, VA 22314

(703) 557‐7229

United States Bankruptcy Court 

Eastern District of Virginia 

Alexandria Division 

Champagne Services, LLC, Case No. 16-11683-RGM 

 Debtor. Chapter 11 

 Hearing November 29, 2016, at 11:00 am 

 Courtroom I, 2nd Floor

Motion to Convert or Dismiss Case 

 Comes Now, Judy A. Robbins, United States Trustee, and moves the Court 

to dismiss or convert this case to a case under chapter 7 of the Bankruptcy Code. 

In support of this motion the following representations are made: 

1. This Court has jurisdiction to hear and decide this matter. 

2. This is a core proceeding. 

3. On October 2, 2016, the Debtor filed a petition for relief under chapter 11 of 

the Bankruptcy Code. 

4. The Debtor is not an individual. 

5. The Debtor is not represented by counsel. 

6. On October 6, 2016, the Court entered an order denying the Debtor’s 

application to approve the employment of Westlake Legal Group. Docket 

No. 59. 

Case 16-11683-RGM Doc 88 Filed 11/15/16 Entered 11/15/16 14:36:40 Desc Main

 Document Page 1 of 3
7. On November 15, 2016, the Debtor withdrew its application to approve the 

employment of Tyler, Bartl, Ramsdell & Counts, P.L.C. as Debtor’s 

attorney. Docket No. 87. 

8. Cause exists to grant the requested relief: 

 §1112(b)(4) – The Debtor is not represented by an attorney. A 

corporation must be represented by an attorney. In re Tamojira, Inc. 20 

Fed.Appx. 133, 133-134 (4th Cir. 2001), Local Bankruptcy Rule 9010-1.1

 §1112(b)(4)(I)- failure timely to pay taxes owed after the date of the 

order for relief or to file tax returns due after the date of the order for 

relief. 

 

Wherefore, the United States Trustee moves that this case be dismissed or 

converted. 

 Judy A. Robbins 

 United States Trustee 

 /s/ Jack Frankel 

 Jack Frankel, Attorney 

 Office of United States Trustee 

 115 S Union Street 

                                                            

1 Local RULE 9010-1 REPRESENTATION AND APPEARANCES; POWERS OF ATTORNEY

Requirement for Counsel: Except for filing or withdrawing a proof of claim, notice of mortgage payment change, 

notice of postpetition mortgage fees, expenses, and charges, response to a notice of final cure payment, request for 

notices or notice/service, notice of appearance, reaffirmation agreement, creditor change of address, transfer of 

claim or a transcript of court proceedings, no party or entity other than a natural person acting in his or her own 

behalf or, to the extent permitted by §304(g) of Pub.L. 103-394, a child support enforcement agency, may appear in 

a bankruptcy case or proceeding, sign pleadings, or perform any act constituting the practice of law except by 

counsel permitted to appear under LBR 2090-1. This Local Bankruptcy Rule applies to corporations, partnerships, 

limited liability companies, associations, and trusts, as well as to individuals acting in a representative capacity 

(such as under a power of attorney) for another. Any petition, pleading or paper, other than those set forth in this 

Local Bankruptcy Rule, filed on behalf of an entity that is not a natural person acting in his or her own behalf and 

not signed by counsel permitted to appear under LBR 2090-1 shall be stricken by the Clerk, or in the case of a

petition, dismissed, unless the deficiency is cured within 14 days of the mailing or delivery of a 

notice of deficiency. 

Case 16-11683-RGM Doc 88 Filed 11/15/16 Entered 11/15/16 14:36:40 Desc Main

 Document Page 2 of 3
 Alexandria, VA 22314 

 (703) 557-7229 

Certificate of Service 

 I hereby certify that on the 14th day of November, 2016, I mailed, first class, postage 

prepaid, a true copy of the motion and notice of motion to the Debtor at: 

Champagne Services, LLC  

1329 Shepard Drive, Suite 5  

Sterling, VA 20164

 

 /s/ Jack Frankel 

Case 16-11683-RGM Doc 88 Filed 11/15/16 Entered 11/15/16 14:36:40 Desc Main

 Document Page 3 of 3