__________________________________

Christian K. Vogel (Va. Bar No. 75537)

Vogel & Cromwell, L.L.C.

8550 Mayland Drive, Suite 204

Richmond, Virginia 23294

(804) 728-1574

(804) 728-1625 (facsimile)

kvogel@vogelandcromwell.com

 Counsel to the Trustee

Vogel & 

Cromwell, L.L.C.

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

)

In re: )

)

PATRICK D. WILLIAMS, ) Case No. 17-32954-KRH

)

Debtor. )

)

TRUSTEE’S MOTION TO SELL REAL PROPERTY 

LOCATED AT 1701 TERRELL DRIVE, HENRICO, 

VIRGINIA FREE AND CLEAR OF LIENS AND INTERESTS

Roy M. Terry, Jr. (the “Trustee”), Chapter 7 trustee of the bankruptcy estate (the “Estate”) 

of Patrick D. Williams (the “Debtor”), by counsel, pursuant to 11 U.S.C. § 363(b) and (f) and 

Rules 6004 and 2002 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”)

moves the Court (the “Motion”) for authority (i) to sell the Debtor’s half interest in real property 

located at 1701 Terrell Drive, Henrico, Virginia 23229, as more particularly described on Exhibit 

A attached hereto (the “Property”) by private sale or auction through Motleys Asset Disposition 

Group (“Motleys”) free and clear of all liens and interests, with any such liens or interests attaching 

to the proceeds of sale (the “Sale Proceeds”) and (ii) in connection with such sale, to pay the costs 

of closing, including the buyer’s premium and fees of Motleys pursuant to the terms of the listing

agreement (the “Listing Agreement”) filed with the Trustee’s Application for Employment of 

Motleys, at closing from the Sale Proceeds pursuant to 11 U.S.C. § 330, and in support thereof, 

states as follows:

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Background

1. On June 8, 2017 (the “Petition Date”), the Debtor filed for relief under chapter 7 

of title 11 of the United States Code (the “Bankruptcy Code”).

2. The Trustee was appointed interim trustee, and no trustee having been elected at 

the meeting of creditors held pursuant to section 341 of the Bankruptcy Code, he continues to serve 

as trustee in this case.

3. The Debtor identified in Schedule A that he held an interest in the Property as 

tenants by the entirety. The Debtor estimated the current value of the Property to be $260,000.00 

in Schedule A. 

4. The Property serves as security on a loan from Wells Fargo Bank, N.A. (the “Wells 

Fargo Lien”). The payoff amount on the loan as of July 6, 2017 was $215,299.47.

5. The Debtor scheduled the Property as exempt on Schedule C pursuant to 11 U.S.C. 

§ 522(b)(3)(B). 

6. On November 20, 2017, a final decree was entered in the Debtor’s divorce 

proceedings with his ex-wife, Rebecca N. Williams (“Ms. Williams”). As such, the Debtor 

acquired an interest in property within 180 days of the Petition Date as a result of a final divorce 

decree, making the Debtor’s new tenants in common interest in the Property part of his Estate. 11 

U.S.C. § 541(a)(5)(B); Cordova v. Mayer (In re Cordova), 73 F.3d 38, 43 (4th Cir. 1996) 

(“Because [the debtor] acquired the fee simple interest as a result of the entry of a divorce decree 

within 180 days of the filing of her petition, it became part of the bankruptcy estate.”)

7. The Debtor has not amended his schedules to date to reflect the severance of the 

tenancy by the entireties as originally scheduled and the new tenants in common interest in the 

Property he obtained within the 180 day § 541(a)(5) period. 

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8. As evidenced by her signature on the attached proposed order, Ms. Williams 

consents to the sale of her interest in the Property pursuant to the terms of this Motion and Order.

9. The Trustee has filed his Application for Employment of Motleys Asset Disposition 

Group simultaneously with this Motion. 

Relief Requested

10. The Trustee proposes to sell the Property by private sale or auction pursuant to the 

terms of the Motleys Listing Agreement. Pursuant to Bankruptcy Rule 6004(f)(1), the Trustee 

proposes to file a notice of any consummated sale of the Property, identifying the purchaser(s) and 

sale price. Additionally, all parties will be able to access information related to any listing or 

auction of the Property via Motleys website at www.motleys.com.

11. The Trustee seeks authority to sell the Property free and clear of all liens and 

interests, including the Wells Fargo Lien, pursuant to sections 363(b) and (f) of the Bankruptcy 

Code, with any liens, including the Wells Fargo Lien, attaching to the Sale Proceeds.

12. The Trustee also requests authority to: (1) execute the deed of transfer and any other 

documents necessary to close the sale and to pay from the proceeds the usual and customary costs 

of sale, including the Motleys buyer’s premium and any expenses; and (2) to pay at or after closing 

undisputed claims secured by the Property and to distribute to Ms. Williams’ one half of the net 

proceeds from any sale. Net proceeds of the sale shall constitute the sale proceeds less the amount 

of the Wells Fargo Lien, any outstanding taxes, any other liens on the Property, any closing costs

and other standard costs of sale, the buyer’s premium and expenses under the Motleys Listing 

Agreement, and any other costs required to be paid at closing of the sale of the Property. 

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Basis for Relief

13. Pursuant to section 363(b)(1) of the Bankruptcy Code, a trustee may sell property 

of the estate other than in the ordinary course of business. A trustee may sell property not in the 

ordinary course of business at private sale pursuant to Rule 6004(f)(1) of the Federal Rules of 

Bankruptcy Procedure (the “Bankruptcy Rules”). Here, the Trustee proposes and seeks authority 

to sell the Property by private sale or auction with the assistance of a real estate broker.

14. The Trustee further proposes and requests authority to sell the Property free and 

clear of all liens and interest, including the Wells Fargo Lien, pursuant to section 363(f) of the 

Bankruptcy Code, and that the Wells Fargo Lien and other valid liens attach to the Sales Proceeds.

15. Grounds exist for the sale of the Property free and clear of all liens, including the

Wells Fargo Lien, pursuant to section 363(f) of the Bankruptcy Code because the Trustee will only 

accept a purchase offer that results in sale proceeds greater than the value of the Wells Fargo Lien

and any other valid, undisputed liens on the Property, unless otherwise consented to by Wells 

Fargo and any other valid, undisputed lien holder. 

16. Ms. Williams consents to the sale of her interest in the Property and has agreed to 

execute all necessary documents to facilitate a sale and transfer of the Property. Ms. Williams 

further consents to accept half of any net proceeds, as defined in further detail above, for the sale 

of her interest in the Property. The other half of the net proceeds from the sale of the Property will 

remain in the Estate. 

17. The sale of the Property will benefit the Estate and is in the best interest of the

Estate and its creditors.

WHEREFORE, the Trustee respectfully requests that the Court enter an Order substantially 

in the form attached hereto as Exhibit B: (i) authorizing the Trustee to sell the Property free and 

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clear of all liens, including the Wells Fargo Lien, by private sale or auction; (ii) directing that the 

Wells Fargo Lien and any other valid liens attach to the Sale Proceeds, unless paid at closing as 

authorized by the Trustee; (iii) authorizing payment of the buyer’s premium and costs concerning 

the sale of the Property from the sale proceeds; (iv) authorizing payment at or after closing on 

account of all undisputed claims secured by the Property and the interest of Ms. Williams; and (vi) 

granting such other and further relief as is just and appropriate under the circumstances.

ROY M. TERY, JR., TRUSTEE 

/s/ Christian K. Vogel

Counsel

Christian K. Vogel (Va. Bar No. 75537)

Vogel & Cromwell, L.L.C.

8550 Mayland Drive, Suite 204

Richmond, Virginia 23294

(804) 728-1574

(804) 728-1625 (facsimile)

kvogel@vogelandcromwell.com

Counsel for the Trustee

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CERTIFICATE OF SERVICE

I hereby certify that on this 19th day of April 2018, a true copy of the foregoing Trustee’s

Motion to Sell Real Property Located at 1701 Terrell Drive, Henrico, Virginia Free and Clear of 

Liens and Interests was filed with the Court via the Clerk’s CM/ECF electronic filing system 

mailed by U.S. First Class mail, postage prepaid, to all creditors and parties in interest on the 

attached service list, and to the following:

Johnie R. Muncy, Esq.

Samuel I. White, P.C.

1804 Staples Mill Rd., Suite 200

Richmond, Virginia 23230

Counsel for Wells Fargo Bank, N.A.

Henrico County Department of Finance

4301 East Parham Road

Henrico, Virginia 23228

Rebecca N. Williams

701 Luton Lane

Richmond, Virginia 23225

/s/ Christian K. Vogel

Counsel

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 Label Matrix for local noticing American Express Bank, FSB Vogel & Cromwell, L.L.C. 

 0422-3 c/o Becket and Lee LLP 8550 Mayland Drive, Suite 204 

 Case 17-32954-KRH PO Box 3001 Richmond, VA 23294-4754 

 Eastern District of Virginia Malvern, PA 19355-0701 

 Richmond 

 Thu Apr 19 12:23:48 EDT 2018 

 United States Bankruptcy Court American Express Domino’s 

 701 East Broad Street P.O. Box 1270 c/o Edward Hood, Esquire 

 Richmond, VA 23219-1888 Newark, NJ 07101-1270 500 Woodward Ave., Ste. 3500 

 Detroit, MI 48226-3485 

 

 Domino’s IP Holder LLC Domino’s Pizza Franchising LLC Domino’s Pizza Franchising LLC 

 Eric Goldstein, Esq. Domino’s IP Holder LLC Eric Goldstein, Esq. 

 Shipman & Goodwin LLP Shipman & Goodwin LLP Shipman & Goodwin LLP 

 1 Constitution Plaza 1 Constitution Plaza 1 Constitution Plaza 

 Hartford, CT 06103-1919 Hartford, CT 06103-1919 Hartford, CT 06103-1919 

 

 Domino’s Pizza Franchising LLC Richard Ottinger, Esq. Samuel I. White, P.C. 

 c/o R. Ottinger / VanDeventer VanDeventer Black 8550 Mayland Drive 

 101 W. Main St., Ste. 500 101 W. Main Street, Ste. 500 Henrico, VA 23294-4755 

 Norfolk, VA 23510-1674 Norfolk, VA 23510-1699 

 Sysco Virginia, LLC Verizon Wells Fargo Bank, N.A. 

 P.O. Box 20020 by American InfoSource LP as agent 435 Ford Road, Suite 300 

 Harrisonburg, VA 22801-7520 4515 N Santa Fe Ave St. Louis Park, MN 55426-4938 

 Oklahoma City, OK 73118-7901 

 Wells Fargo Home Mortgage David K. Spiro Patrick D Williams 

 P.O. Box 11758 Spiro & Browne, PLC 1701 Terrell Drive 

 Newark, NJ 07101-4758 6802 Paragon Place, Suite 410 Henrico, VA 23229-4907 

 Richmond, VA 23230-1655 

 Roy M. Terry Jr. 

 Sands Anderson PC 

 P.O. Box 2188 

 Richmond, VA 23218-2188 

 The following recipients may be/have been bypassed for notice due to an undeliverable (u) or duplicate (d) address. 

 (u)Domino’s IP Holder LLC (u)Domino’s Pizza Franchising LLC (u)Wells Fargo Bank, N.A., 

 (d)American Express Bank, FSB End of Label Matrix 

 c/o Becket and Lee LLP Mailable recipients 18 

 PO Box 3001 Bypassed recipients 4 

 Malvern PA 19355-0701 Total 22 

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EXHIBIT A

DESCRIPTION OF PROPERTY

1701 Terrell Drive, Henrico, Virginia 23229 (the “Property”). 

The legal description for the Property is as follows:

ALL that certain lot, piece or parcel of land with all improvements thereon and 

appurtenances thereto belonging and being in the County of Henrico, Virginia, 

known and designated as Lot 15 and a portion of Lot 14, Block A, Section B, Plan 

of Michael Hills, as shown on plat of survey prepared by Raleigh E. Phelps, CLS, 

dated October 3, 1979, entitled “Survey and Map of Lot 15, and a Portion of Lot 

14, Block A, Section B, Plan of Michael Hills, In Henrico County, Virginia”, 

recorded March 4, 2002, in the Clerk’s Office, Circuit Court, Henrico County, 

Virginia, in Deed Book 3221, page 2215, and to which plat reference is hereby 

made for a more particular description of the property therein conveyed. 

BEING the same real estate as conveyed to William R. Peterson, by Warranty 

Deed from Tommye H. Lyell, dated July 6, 2006, recorded July 17, 2006, in the 

Clerk’s Office, Circuit Court, Henrico County, Virginia, in Deed Book 4161, 

page 2359.

FURTHER BEING the same real estate as conveyed to Patrick D. Williams and 

Rebecca N. Williams, husband and wife, as tenants by the entirety with the right 

of survivorship as at common law, by Warranty Deed from William R. Peterson, 

married, dated March 28, 2007, recorded April 10, 2007, in the Clerk’s Office, 

Circuit Court, Henrico County, Virginia, in Deed Book 4321, page 554. 

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EXHIBIT B

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

)

In re: )

)

PATRICK D. WILLIAMS, ) Case No. 17-32954-KRH

)

Debtor. )

)

ORDER AUTHORIZING TRUSTEE TO SELL REAL 

PROPERTY LOCATED AT 1701 TERRELL DRIVE, HENRICO, 

VIRGINIA FREE AND CLEAR OF LIENS AND INTERESTS 

This matter came before the Court upon the Trustee’s Motion To Sell Real Property 

Located at 1701 Terrell Drive, Henrico, Virginia Free and Clear of Liens and Interests (the “Sale 

Motion”) filed by Roy M. Terry, Jr. (the “Trustee”), Chapter 7 trustee of the bankruptcy estate 

(the “Estate”) of Patrick D. Williams (the “Debtor”), whereby the Trustee seeks this Court’s 

authority, among other things, to sell the Debtor’s half interest in real property located at 1701 

Terrell Drive, Henrico, Virginia 23229 (the “Property”) by private sale or public auction through 

Motleys Asset Disposition Group pursuant to sections 363(b) and (f) of title 11 of the United States 

Code (the “Bankruptcy Code”). Based upon the allegations in the Sale Motion, and notice having 

properly been given, the Court finds as follows:

A. Sound and appropriate business reasons exist for the Trustee to effectuate the 

transaction described in the Sale Motion.

B. A sale of the Property by private sale or public auctions is permitted under sections 

363(b) and (f) of the Bankruptcy Code.

C. The Estate will benefit from the sale of the Property.

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D. Notice of the Sale Motion has been provided to all holders of any liens or interests

and all other parties in interest, including the United States Trustee and all parties requesting 

notice, with details on any listing of auction of the Property available at www.motleys.com, which 

notice constitutes proper and sufficient notice of the Sale Motion for the purposes of Rules 

2002(a)(2) and 6004(a) of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”).

Based upon the foregoing, it is hereby ORDERED as follows:

1. All capitalized terms used in this Order but not defined herein shall have the 

meanings ascribed to them in the Sale Motion.

2. The Sale Motion is granted and the Trustee is authorized pursuant to section 363(b) 

and (f) of the Bankruptcy Code to sell the Property by private sale or public auction. 

3. All objections and responses concerning the Sale Motion are resolved in accordance 

with the terms of this Order. To the extent any such objection or response was not otherwise 

withdrawn, waived, settled, or otherwise provided herein, it, and all reservations and rights 

contained therein, is overruled and denied.

4. The sale of the Property shall be free and clear of any and all liens, claims, 

encumbrances, liabilities, obligations, licenses, covenants, pledges, security interests, charges, 

judgments, mortgages, conditional sales or title retention agreements, pledges, hypothecations and 

interests of any kind (including, without limitation, any and all “claims” as defined in section 

101(5) of the Bankruptcy Code), whether secured or unsecured, choate or inchoate, filed or unfiled, 

scheduled or unscheduled, noticed or unnoticed, recorded or unrecorded, contingent or noncontingent, liquidated or unliquidated, matured or unmatured, disputed or undisputed, or known 

or unknown, whether arising prior to or subsequent to the petition date, whether imposed by 

agreement, understanding, law, equity or otherwise (collectively, the “Claims”). All such Claims 

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4

on or against the Property shall attach to the proceeds of sale (the “Sale Proceeds”), with the same 

force, validity, priority and effect as they now may have.

5. The Trustee is authorized, in his discretion, to pay at or after closing undisputed 

Claims secured by the Property and to make distributions to Wells Fargo Bank, N.A. in full 

satisfaction of any and all amounts due to them on account of their interests in the Property.

6. The Trustee is authorized to pay at or after closing one half of the net proceeds from 

the sale of the Property, with the net proceeds of the sale constituting the Sale Proceeds less the 

amount of the Wells Fargo Lien, any outstanding taxes, any other liens on the Property, any closing 

costs and other standard costs of sale, the buyer’s premium and expenses under the Motleys listing 

agreement, and any other costs required to be paid at closing of the sale of the Property, to Ms. 

Williams on account of her one half interest in the Property. 

7. The Trustee is authorized, pursuant to section 330 of the Bankruptcy Code, to pay 

the buyer’s premium and any expenses provided for in the Motleys listing agreement previously 

approved by Order of this Court from the Sale Proceeds.

8. Upon consummation of any sale as approved herein, the Trustee shall file a 

statement of sale as required by Bankruptcy Rule 6004(f)(1). 

9. This Court shall retain exclusive jurisdiction to enforce the provisions of this Order, 

including, but not limited to, the interpretation of the terms, conditions and provisions hereof, the 

status, nature and extent of the Property and all issues and disputes arising in connection with the 

relief authorized herein.

ENTERED:

UNITED STATES BANKRUPTCY JUDGE

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WE ASK FOR THIS:

/s/ Christian K. Vogel

Christian K. Vogel (Va. Bar No. 75537)

LeClairRyan, A Professional Corporation

Riverfront Plaza, East Tower

951 E. Byrd Street

Richmond, Virginia 23218-2499

(804) 783-2003

Counsel for the Trustee

SEEN AND AGREED:

___________________________________

Johnie R. Muncy (Va. Bar No. 73248)

Samuel I. White, P.C.

1804 Staples Mill Road, Suite 200

Richmond, Virginia 23230

(804) 290-4290

Counsel for Wells Fargo Bank N.A.

/s/ Rebecca N. Williams

Rebecca N. Williams

701 Luton Lane

Richmond, Virginia 23225

LOCAL RULE 9022-1 CERTIFICATION

Pursuant to LBR 9022-1, I hereby certify that a true copy of the foregoing was endorsed 

by all necessary parties.

Counsel

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SERVICE LIST

Robert B. Van Arsdale, Esq.

Office of the U.S. Trustee

701 East Broad Street, Suite 4304

Richmond, VA23219

Assistant U.S. Trustee

Christian K. Vogel

Vogel & Cromwell, L.L.C.

8550 Mayland Drive, Suite 204

Richmond, VA 23294

Counsel for the Trustee

Rebecca N. Williams

720 Luton Lane

Richmond, VA 23225

Debtor

Henrico County Department of Finance

4301 East Parham Road

Henrico, Virginia 23228

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