Kathryn R. Montgomery, AUST (VSB 42380)

Shannon Pecoraro, Esq. (VSB 46864) 

Jason B. Shorter, Esq. (VSB 80929)

Office of the United States Trustee

701 East Broad Street - Suite 4304

Richmond, VA 23219

Telephone (804) 771-2310

Facsimile (804) 771-2330

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

In re:

Sarah Saroja Kolla

5871 Chipwood Court

Elkridge, MD 21075

SSN/ITIN: xxx-xx-5314

 Debtor(s).

Case No. 17-32440-KRH 

Chapter 13

 

NOTICE OF MOTION TO REOPEN CASE

PLEASE TAKE NOTICE THAT the United States Trustee has filed with the Court a 

Motion to Reopen Case (the “Motion”) in the above-captioned case.

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 to Reopen Case, or if 

you want the Court to consider your views on the Motion, then within one (1) day prior to the date 

set for a hearing on this matter, you or your attorney must:

(X) File with the Court, at the address below, a written request for a hearing [or 

a written response pursuant to Local Bankruptcy Rule 9013-1(H)]. You must mail 

or otherwise file it early enough so the Court will receive it on or before the due date 

identified above.

Clerk of Court

United States Bankruptcy Court

701 East Broad Street - Suite 4000

Richmond, Virginia 23219

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Document Page 1 of 9
You must also mail a copy to:

Kathryn R. Montgomery, Esq. 

Assistant United States Trustee

Office of the United States Trustee

701 East Broad Street - Suite 4304

Richmond, VA 23219

(X) Attend a hearing on the Motion. The hearing will be held before the 

Honorable Kevin R. Huennekens, United States Bankruptcy Judge, on November 

17, 2021, at 12:00 p.m., by remote video conference via Zoom for Government in 

accordance with General Order 20-5. 

REMOTE HEARING INFORMATION: Due to the COVID−19 public health 

emergency, no in-person hearings are being held. This hearing will take place 

remotely through Zoom on the date and time scheduled herein. To appear at the 

hearing, you must send, by email, a completed request form (the “Zoom Request 

Form”), which is available on the Court's internet website at www.vaeb.courts.gov, 

on the page titled, “Temporary Emergency Provisions Regarding ZoomGov Remote 

Proceeding Access Information.” 

Email your completed Zoom Request Form to the email address listed for the Judge 

assigned to the case. Following receipt of your Zoom Request Form, Court staff 

will respond to the email address from which the request was submitted with 

additional information on how to participate through Zoom. 

***The email address shall be used only to submit Zoom Request Forms. No other 

matters or requests will be considered by Court staff, and under no circumstances 

will any such matters or requests be brought to the Judge’s attention. Failure to 

comply with these instructions may result in appropriate action, including, but not 

limited to, the imposition of sanctions.*** 

PLEASE NOTE: You MUST submit the Zoom Request Form no later than two (2) 

business days prior to this hearing. Any documentary evidence the parties wish to 

present at the hearing must be filed with the Court in advance of the hearing

If you fail to file timely a written response or to attend the hearing, the Court may 

consider any objection you may have waived and enter an Order granting the relief 

requested in the Motion.

Under Local Bankruptcy Rule 9013-1, unless a written response to this motion and 

supporting memorandum are filed with the Clerk of Court and served on the moving party within 

one (1) day before the scheduled hearing date, 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.

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Document Page 2 of 9
Dated: November 4, 2021 John P. Fitzgerald, III

Acting United States Trustee

Region Four

/s/ Kathryn R. Montgomery

 Kathryn R. Montgomery

Assistant United States Trustee

CERTIFICATE OF SERVICE

I, the undersigned, do hereby certify that on November 4, 2021, a true copy of the foregoing 

was delivered via electronic mail pursuant to the Administrative Procedures of the CM/ECF System 

for the United States Bankruptcy Court for the Eastern District of Virginia to all necessary parties. 

In addition, a copy was deposited in the United States Mail, First Class Mail, on all parties listed 

on the mailing matrix for this case.

/s/ Kathryn R. Montgomery

Kathryn R. Montgomery

Assistant United States Trustee

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Kathryn R. Montgomery, Esq., AUST (Va. Bar No. 42380)

Shannon Pecoraro, Esq. (Va. Bar No. 46864)

Jason B. Shorter, Esq. (Va. Bar No. 80929)

Office of the United States Trustee

701 East Broad Street - Suite 4304

Richmond, VA 23219

Telephone (804) 771-2310

Facsimile (804) 771-2330

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

In re:

Sarah Saroja Kolla,

Debtor(s). Case No. 17-32440-KRH

 Chapter 13

MOTION OF THE UNITED STATES TRUSTEE

TO REOPEN CASE

COMES NOW, JOHN P. FITZGERALD, III, Acting United States Trustee for Region 

Four, (the “United States Trustee”), through the undersigned counsel, and pursuant to 11 U.S.C. 

§ 350(b), (the “Bankruptcy Code”), Rule 5010 of the Federal Rules of Bankruptcy Procedure, 

and Local Bankruptcy Rule 5010-1, respectfully moves the Court for entry of an order reopening 

the case of Sarah Saroja Kolla (“Debtor”). In support of his motion, the United States Trustee 

states as follows:

1. Debtor filed a voluntary petition (the “Petition”) under chapter 13 of the 

Bankruptcy Code on May 11, 2017. ECF Docket 1.

2. Suzanne E. Wade (the “Chapter 13 Trustee”) was appointed chapter 13 trustee for 

the Debtor’s estate. See ECF Docket, generally. 

3. Debtor funded plan payments in full and received a discharge. The Chapter 13 

Trustee filed a Final Report and Account. See ECF Docket, 30-36.

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4. Following discharge, the case was closed on February 10, 2021. See ECF Docket

37. 

5. On October 8, 2021, the Chapter 13 Trustee filed a motion to reopen the case (the 

“Chapter 13 Trustee’s Motion”), for the purpose of filing an adversary proceeding to revoke the 

Debtor’s discharge because of her alleged failure to adequately disclose assets. See ECF Docket

38. 

6. On November 3, 2021, this Court held a hearing on the Chapter 13 Trustee’s 

Motion and questioned whether the United States Trustee, rather than the Chapter 13 Trustee, 

should seek to reopen this case. The Court continued the matter to November 17, 2021.

7. The United States Trustee appreciates the Court’s concerns and recognizes that 

the Chapter 13 Trustee in this case has been discharged, which raises a question of whether the

Chapter 13 Trustee is the appropriate party to move to reopen the case. 

8. Under the Bankruptcy Code, a closed bankruptcy case may be reopened to 

“administer assets, to accord relief to the debtor, or for other cause.” 11 U.S.C. § 350(b). 

9. Section 350 gives a bankruptcy court broad discretion in deciding whether to 

reopen a case. See e.g., In re Emmerling, 223 B.R. 860, 864 (B.A.P. 2nd Cir. 1997).

10. Rule 5010 of the Federal Rules of Bankruptcy Procedure provides that a case may 

be reopened on motion of the debtor or other “party in interest.”

11. “Party in interest” is not defined by the Bankruptcy Code, but the United States 

District Court has stated that a "party in interest" under § 350(b) could be the debtor, the trustee 

or a creditor. In re Alexandria Surveys Int'l., LLC, 500 B.R. 817, 820 (E.D. Va. 2013).

12. Should the Court grant the Chapter 13 Trustee’s pending Motion to Reopen, the

United States Trustee appreciates that this motion is moot. 

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13. Should the Court deny the Chapter 13 Trustee’s pending Motion to Reopen, the 

United States Trustee respectfully moves to reopen the case to allow the Chapter 13 Trustee to 

file an adversary proceeding to revoke the Debtor’s discharge because of her alleged failure to

adequately disclose assets.

WHEREFORE, the United States Trustee respectfully moves the Court for entry of an 

order reopening the case and granting such other and further relief as the Court shall deem just 

and appropriate.

Respectfully submitted,

JOHN P. FITZGERALD, III

United States Trustee

Region Four

Date: November 4, 2021 By: /s/ Kathryn R. Montgomery

Kathryn R. Montgomery, Esq. 

 Assistant United States Trustee

CERTIFICATE OF SERVICE

I hereby certify that on November 4, 2021, a true copy of the foregoing was delivered via

electronic mail pursuant to the Administrative Procedures of the CM/ECF System for the United

States Bankruptcy Court for the Eastern District of Virginia to all necessary parties.

/s/ Kathryn R. Montgomery

Kathryn R. Montgomery, AUST

Office of the United States Trustee

701 East Broad Street - Suite 4304

Richmond, VA 23219

Telephone (804) 771-2310

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Kathryn R. Montgomery, Esq., AUST (Va. Bar No. 42380)

Shannon Pecoraro, Esq. (Va. Bar No. 46864)

Jason B. Shorter, Esq. (Va. Bar No. 80989)

Office of the United States Trustee

701 East Broad Street - Suite 4304

Richmond, VA 23219

Telephone (804) 771-2310

Facsimile (804) 771-2330

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

In re:

Sarah Saroja Kolla,

Debtor(s).

 Case No. 17-32440-KRH

 Chapter 13

ORDER REOPENING CASE

This matter comes before the Court upon the Motion of the United States Trustee to 

reopen this closed case pursuant to 11 U.S.C. § 350(b), and it appearing that due notice was 

given and that good cause exists to grant the relief sought in the Motion, it is hereby ORDERED:

1. The Motion to Reopen is GRANTED.

2. It is FURTHER ORDERED that this case is hereby reopened.

3. The United States Trustee shall appoint a chapter 13 trustee to complete the 

administration of assets in this case.

4. Upon entry, the Clerk is directed to send a copy of this Order to all parties on the 

service list attached hereto.

DATE: ________ BANKRUPTCY JUDGE

 UNITED STATES BANKRUPTCY COURT

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I ask for this:

/s/ Kathryn R. Montgomery Kathryn R. Montgomery, Esquire

Assistant United States Trustee

Office of the United States Trustee

701 East Broad Street - Suite 4304

Richmond, VA 23219 

CERTIFICATION

I hereby certify that this Order has been either served on or endorsed by all necessary 

parties.

 /s/ Kathryn R. Montgomery Kathryn R. Montgomery

 

 

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SERVICE LIST

Sarah Saroja Kolla

5871 Chipwood Court

Elkridge, MD 21075

Callyn Marianna Gibson, Esquire

Boleman Law Firm

P. O. Box 11588

Richmond, VA 23230-1588

Suzanne E. Wade, Esquire

7202 Glen Forest Drive

Suite 202

Richmond, VA 23226

Kathryn R. Montgomery, Esquire

Assistant United States Trustee

Office of the United States Trustee

701 East Broad Street, Room 4304

Richmond, VA 21219

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