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 George Mason Mortgage, LLC has pre-approved a 

fixed-rate FHA home mortgage to the Debtor in the amount of $368,207.00 plus interest

estimated at 4.625% and APR estimated at 5.678% to be repaid with 360 equal monthly 

payments of around $2,494.00 for the principal, interest, taxes, and insurance. The Loan 

Estimate is attached hereto as Exhibit A and is incorporated herein by this reference.

3. The Debtor has entered into a contract (“Contract”) (the Purchase Agreement is 

attached hereto as Exhibit B and is incorporated herein by this reference;) to purchase the 

property (“Property”) located at 8902 Mansfield Woods Drive, Henrico, Virginia 23231,

(formerly known as 5149 Virgil Drive, Henrico, Virginia 23231, see Addendum to Purchase 

Agreement attached hereto as Exhibit C) which is also described as Lot 18, Section D in the 

Community of Mansfield Woods in the County of Henrico. 

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4. On June 28, 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. 

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 June 11, 2019, 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: June 11, 2019 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 June 11, 2019, 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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