Charles H Krumbein Va Bar No 01234

Krumbein & Associates PLLC

1650 Willow Lawn Drive 

Richmond, Va 23230

United States Bankruptcy Court

Eastern District of Virginia

Richmond Division

In Re: Kendell Cecil Terry, Jr, and

Nina Nicole Givens

Chapter 13

Case No: 16-35920

Motion To Continue Automatic Stay

After Prior Dismissal within one Year of Filing

Please take notice: The debtors herein by their Counsel 

have filed with this Court a Motion to extend the automatic 

Stay, and for their cause state as follows:

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.

NOTICE: A hearing has been scheduled for December 21, 2016 

the time and courtroom to be set by the court at a later 

date.

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 

then you or your attorney must on or before 14 Days after 

service of this motion:

File with the court, at the address shown below a written 

request for a hearing or express your views in writing, and 

mail your request to the Court for filing, you must mail it 

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early enough so that the Court will receive it on or before 

the 7 days prior to December 21, 2016.

United States Bankruptcy Court

Eastern District of Virginia

701 E Broad Street Room

Richmond, Va 23219

You must also Mail a copy to Charles H Krumbein

Krumbein & Associates PLLC

1650 Willow Lawn Drive

Richmond, Va 23230

AND Attend the Hearing set for December 21, 2016 at the 

time set by the United States Bankruptcy Court 701 E Broad 

Street Room ____, Richmond, Va 23129

If you or your attorney do take these steps, the Court may 

decide that you do not oppose the relief sought in the 

motion and may enter an order Granting the relief sought.

Motion to Extend Automatic Stay

1. Come now the Debtors, pursuant to 11 USC 362(c)(3)(B), 

requesting an order continuing the automatic stay 

provided under 11USC362(a) as to all creditors. In

support of this motion, the Debtors state as follows:

2. This court has jurisdiction over this matter pursuant 

to 11USC105(a), 28USC 157(b)(1) and 28USC 1334. This 

matter is a core proceeding as defined by 28 USC 

157(b)(2).

3. The Debtors filed the current petition for relief 

under Chapter 13 on December 2, 2016.

4. Within the twelve months prior to said filing date 

your Debtors were in an active Chapter 13 case Number 

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16-32543 KRH. Said Case was dismissed on November 8, 

2016 on the Chapter 13 Trustee’s Motion to Dismiss and 

Objection to plan terms.

5. Debtors have not filed any other case with the

previous 24 months any other case under Title 11 

except as disclosed above or herein.

6. The debtors remained current in their monthly payments 

under the previous case Plan as long as they were 

able.

7. The Debtors’ prior Chapter 13 case was not dismissed 

because the Debtors failed to file or amend the 

petition or other document as required, or provide 

adequate protection payment as ordered by The Court, 

or perform the terms of a confirmed plan except as 

noted above.

8. As of the date of the dismissal of the Debtor’s prior 

case no Section 362(d) actions were either pending or 

resolved by terminating, conditioning, or limiting the 

stay.

9. Debtors filed the instant case in good faith. One 

Debtor Kendell Terry had filed a chapter 7 within 4 

years of the previous case and as such his debts could 

not be discharged in the prior case. Accordingly the 

Debtor were unable to create or fund a plan paying all 

of Debtor Terry’s debts. They could not therefore file 

a plan to cure the Chapter 13’s trustee’s motion and 

objection in the appropriate cure time frame.

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10.After the Dismissal, the Virginia Credit Union 

repossessed the debtor Nina Givens automobile on or 

about Friday November 25, 2016. The debtors by their 

counsel have requested that the vehicle be released in 

exchange for payment of the repossession fees and 

storage fees and proof of insurance.

11.This Motion is not made for the purpose of delay, 

but rather to effect the debtors rights to propose a 

plan to deal with both Husband and wife’s individual 

debt and deal with such under a confirmable and 

completeable plan.

Wherefore, your debtors respectfully request the Court 

continue the stay under 11 USC 362(a) as to all Creditors 

for the duration of this Chapter 13 proceeding or until 

such time as the stay is terminated under 362(c)(1) or 

(c)(2) or a motion for relief is granted under 362(d).

Dated December 2, 2016

Kendell C Terry, and 

Nina Givens

Debtors

/S/ Charles H Krumbein

By Charles H Krumbein

Debtors Counsel

Charles H Krumbein Va Bar No 01234

Krumbein & Associates PLLC

1650 Willow Lawn Drive 

Richmond, Va 23230

804 673 4358

Fax: 234 1159

Certificate of Service

The undersigned herby certifies that on December 2, 2016 a 

true copy was served on all necessary parties by CM/ECF.

Dated December 2, 2016

/S/ Charles H Krumbein

 By Charles H Krumbein

Debtors Counsel

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