UNITED STATES BANKRUPTCY COURT 

FOR THE 

EASTERN DISTRICT OF VIRGINIA

Alexandria Division

In the Matter of:

Chapter 13

JOHN MICHAEL CERCEO II

Case No. 17-11075-KHK

Debtor

MOTION TO DISMISS WITH PREJUDICE,

NOTICE OF MOTION TO DISMISS

AND

NOTICE OF SCHEDULED HEARING ON THIS MOTION

Thomas P. Gorman, Chapter 13 Trustee, has filed this motion to dismiss with prejudice 

your Chapter 13 case. The cause for this motion is as follows:

Violation of 11 U.S.C. §343 – Failure to Appear at Meeting of Creditors

Debtor failed to appear for his Meeting of Creditors scheduled for May 16, 

2017. 

Violation of 11 U.S.C. §1307(c) – Lack of Good Faith – This is at least 

Debtor’s seventh case, and was filed solely to interpose delay.

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 wish 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 five business 

days prior to the hearing date, you or your attorney must:

File with the court a written response with supporting memorandum as required 

by Local Bankruptcy Rule 9013-1(H). Unless a written response and 

supporting memorandum are filed and served by the date specified, the Court 

may deem any opposition waived, treat the motion as conceded, and issue an 

order granting the requested relief without further notice or hearing. 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 five business days prior to the scheduled hearing. 

You must mail a copy to the persons listed below.

Case 17-11075-KHK Doc 34 Filed 05/23/17 Entered 05/23/17 13:38:16 Desc Main

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Notice and Motion to Dismiss

John Michael Cerceo II, Case #17-11075-KHK 

Attend the hearing to be held on June 8, 2017 at 11:00 a.m., in Courtroom II on the 

2nd floor, United States Bankruptcy Court, 200 South Washington Street, 

Alexandria, VA 22314. If no timely response has been filed opposing the relief 

requested, the court may grant the relief without holding a hearing.

A copy of any written response must be mailed to the following persons:

Thomas P. Gorman

300 North Washington Street, Ste.400

Alexandria, VA 22314

Clerk of the Court

United States Bankruptcy Court

200 South Washington Street

Alexandria, VA 22314

If you or your attorney do not take steps, the court may decide that you do not 

oppose the relief sought in the motion and may enter an order granting that relief.

Date: _May 23, 2017_____ __/s/ Thomas P. Gorman______

Thomas P. Gorman

Chapter 13 Trustee

300 N. Washington Street, #400

Alexandria, VA 22314

(703) 836-2226

VSB 26421

CERTIFICATE OF SERVICE

I hereby certify that I have this 23rd day of May, 2017, served via ECF to authorized 

users or mailed a true copy of the foregoing Motion to Dismiss, Notice of Motion and 

Notice of Hearing to the following parties.

John Michael Cerceo II

Chapter 13 Debtor

45854 Cabin Branch Dr.

Sterling, VA 20164 

__/s/ Thomas P. Gorman______

Thomas P. Gorman

Case 17-11075-KHK Doc 34 Filed 05/23/17 Entered 05/23/17 13:38:16 Desc Main

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