Robert B. Van Arsdale, Esq., AUST (Va. Bar No. 17483) 

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

Office of the United States Trustee 

701 East Broad Street, Suite 4304 

Richmond, VA 23219 

Telephone (804) 771-2310 

Facsimile (704) 771-2330 

UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA 

RICHMOND DIVISION 

In re 

April D. Eanes 

2331 Georges Road 

Powhatan, VA 23139 

SSN/ITIN: xxx-xx-9652, 

 Debtor(s). 

 Case No. 17-31626-KRH 

Chapter 7 

NOTICE OF MOTION TO DISMISS CASE 

WITH PREJUDICE AND HEARING THEREON 

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

Motion To Dismiss Case With Prejudice (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 or if you want the 

Court to consider your views on the Motion, then on or before seven (7) days before the 

scheduled hearing date, 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 

date stated above. 

Clerk of Court 

United States Bankruptcy Court 

701 East Broad Street – Suite 4000 

Richmond, Virginia 23219 

You must also mail a copy to: 

Shannon Pecoraro, Esq. 

Office of the United States Trustee 

 701 East Broad Street - Suite 4304 

 Richmond, VA 23219 

( x ) Attend a hearing, which has been scheduled for May 31, 2017 at 12:30 p.m. in 

the United States Bankruptcy Court, 701 E. Broad Street, Courtroom 5000, 

Richmond, VA 23219 before the Honorable Judge Kevin R. Huennekens. If you or your attorney do not take these steps, the Court may decide that you do 

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not oppose the relief sought in the Motion and may enter an Order granting the 

relief requested 

JUDY A. ROBBINS 

United States Trustee 

Region Four 

 By /s/ Shannon Pecoraro 

 Shannon Pecoraro 

 Trial Attorney 

CERTIFICATE OF SERVICE 

 I hereby certify that on April 28, 2017, 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 mailed to the following: 

April D. Eanes 

2331 Georges Road 

Powhatan, VA 23139 

 /s/ Shannon Pecoraro 

 Shannon Pecoraro 

Trial Attorney 

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UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA 

RICHMOND DIVISION 

In re: 

April D. Eanes, 

 Debtor(s). 

 Chapter 7 

Case No. 17-31626-KRH 

 

MOTION TO DISMISS CASE WITH PREJUDICE 

Judy A. Robbins, the United States Trustee for Region Four, by counsel, respectfully 

moves this Court to dismiss the case of April D. Eanes (the “Debtor”), with prejudice with a 

prohibition from re-filing of a bankruptcy case under any chapter of the Bankruptcy Code in any 

jurisdiction in the United States for a period of at least one (1) year, and in support thereof, states 

as follows: 

Parties 

1. Judy A. Robbins (the “U.S. Trustee”) is the United States Trustee for Region 

Four. 

2. April D. Eanes is the pro se Debtor in this case. 

3. On or about March 30, 2017, Bruce E. Robinson (the “Chapter 7 Trustee”) was 

appointed Chapter 7 Trustee in this case and has remained Trustee since that appointment. 

4. The §341 Meeting of Creditors is scheduled for May 2, 2017. 

Jurisdiction and Venue 

5. This motion is commenced pursuant to Rule 9013 of the Federal Rules of 

Bankruptcy Procedure. 

6. This Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and1334 

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and 11 U.S.C. §§ 105 and 707(a). This is a core proceeding pursuant to 28 U.S.C. § 

157(b)(2)(A) and (J). 

7. This Motion is brought by the U.S. Trustee in furtherance of her duties as set 

forth in 28 U.S.C. § 586(a)(3) and (5) and is filed for the specific purpose of having the dismissal 

of this case be with prejudice with a prohibition from re-filing any bankruptcy case under any 

chapter of the Bankruptcy Code in any jurisdiction of the United States for a period of at least 

one (1) year. 

Background 

8. On or about March 29, 2017 (the “Petition Date”), the Debtor filed the instant 

case under Chapter 7 of the Bankruptcy Code, 11 U.S.C. § 101, et seq. (the “Bankruptcy Code”), 

designated as Case Number 17-31626-KRH (the “Current Case”). 

9. This is the Debtor’s third (3rd ) bankruptcy case filed since November 29, 2016. 

10. Specifically, the Debtor filed the following cases in the United States Bankruptcy 

Court in the Eastern District of Virginia - Bankruptcy Case Number 16-35801-KLP (the “First 

Case”), Bankruptcy Case Number 17-30382-KLP (the “Second Case”) and the Current Case. 

11. The Debtor filed pro se the First Case, a Chapter 7, on November 29, 2016. 

Bruce E. Robinson, was appointed Chapter 7 Trustee in the First Case. The Debtor’s §341 

meeting of creditors was scheduled for January 3, 2017. The First Case was dismissed on 

December 21, 2016, for the Debtor’s failure to to timely files schedules and statements. A copy 

of the docket in the First Case is attached hereto as Exhibit A. 

12. The Debtor filed pro se the Second Case, a Chapter 13, on January 26, 2017. Carl 

M. Bates, was appointed Chapter 13 Trustee in the Second Case. The Debtor’s §341 meeting of 

Creditors was scheduled for March 16, 2017. The Second Case was dismissed on February 16, 

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2017 for failure to timely file schedules, statements and chapter 13 plan. A copy of the docket 

in the Second Case is attached hereto as Exhibit B. 

13. The Debtor filed pro se the Current Case, the Third Case, Bankruptcy Case 

Number 17-31626-KRH, a Chapter 7, on March 29, 2017. Bruce E. Robinson, was appointed 

Chapter 7 Trustee in the Third Case. As has been the Debtor’s pattern in the prior cases, the 

Debtor has failed to file schedules or statements that were due on April 12, 2017. A copy of the 

docket in the Current Case is attached hereto as Exhibit C. 

14. 11 U.S.C. § 105 provides, in pertinent part, that “[t]he court may issue any order, 

process, or judgment that is necessary or appropriate to carry out the provisions of this title.” 11 

U.S.C. § 105(a). 

15. 11 U.S.C. § 707(a) provides as follows: 

(a) The court may dismiss a case under this chapter only after notice and hearing and 

only for cause, including – 

(1) Unreasonable delay by the debtor that is prejudicial to creditors 

(2) Nonpayment of any fees or charges required under chapter 123 of title 28; 

and 

(3) Failure of the debtor in a voluntary case to file, within fifteen days or such 

additional timed as the court may allow after the filing of the petition 

commencing such case, the information required by paragraph (1) of section 

521, but only on a motion of the United States trustee. 

11 U.S.C. 707(a) (2017) 

Argument 

16. The Debtor’s history is not necessarily extensive, but recent, and evidences a 

pattern of failing to timely file schedules or statements. 

17. The history of the Debtor’s bankruptcy filings by filing three (3) bankruptcy cases 

in less than one (1) year demonstrates that the Debtor is using the system to cause delay that is 

prejudicial to creditors. 

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18. The Current Case is yet another in a series of cases in which the Debtor fails to 

timely file schedules and statements and indicates cause. 

19. Given the history of bankruptcy filings with repeated dismissals, the Debtor 

should be prohibited from any further filings in this Court and in any other Bankruptcy Court in 

the United States for a period of at least one (1) year. 

 WHEREFORE, the U.S. Trustee, by counsel, respectfully requests that the Court (a) 

dismiss this case with prejudice against the Debtor filing any other bankruptcy case in any 

jurisdiction in the United States under any chapter of the Bankruptcy Code for a period of at 

least one (1) year from the entry of the Order on the Court’s docket and (b) grant the U.S. 

Trustee such other and further relief which the Court may deem equitable and just. 

 Respectfully submitted, 

 JUDY A. ROBBINS 

 U.S. Trustee for Region Four 

 By: /s/ Shannon Pecoraro 

 Shannon Pecoraro 

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CERTIFICATION OF SERVICE 

 I hereby certify that on April 28, 2017, 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 mailed to the following: 

April D. Eanes 

2331 Georges Road 

Powhatan, VA 23139 

 /s/ Shannon Pecoraro 

 Shannon Pecoraro 

 Trial Attorney 

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