John T. Donelan, Esquire

Virginia State Bar No. 18049

125 South Royal Street

Alexandria, Virginia 22314

703-684-7555

Counsel for Gail Robin Jones

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

ALEXANDRIA DIVISION

IN RE: )

) Case No. 18-10008-KHK

GAIL ROBIN JONES, ) Chapter 13

)

 Debtor. )

)

MOTION TO CONVERT

CHAPTER 13 CASE TO CHAPTER 11 CASE

COMES NOW Debtor, Gail Robin Jones (“Debtor” or “Jones”) by counsel, and states the 

following in support of her Motion to Convert Chapter 13 case to Chapter 11 case pursuant to 11 

U.S.C. §1307(d).

1. Debtor filed her voluntary minimum requirements Chapter 13 bankruptcy case on 

January 2, 2018.

BACKGROUND

2. Debtor filed three (3) prior cases.

(a) On March 5, 2014, Jones filed a Chapter 7 case, Case No. 14-10795-BFK. On 

June 6, 2014, Jones was granted a Chapter 7 discharge, Docket No. 31. On September 8, 2015, 

Jones voluntarily waived her Chapter 7 discharge, Docket No. 52.

(b) On May 4, 2015, Jones filed a Chapter 13 case, Case No. 15-11524-BFK. On

May 24, 2015, this case was dismissed administratively, Docket No. 14. 

(c) On July 18, 2016, Jones filed a Chapter 11 case, Case No. 16-12460-BFK. On 

June 23, 2017, an Order Dismissing Case with Prejudice for a Period of Ninety Days was 

entered, Docket No. 68. 

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CURRENT CASE

3. On January 2, 2018, Jones filed a Chapter 13 Minimum Requirements filing.

4. On January 16, 2018, Jones filed a Motion to Extend Time for Filing Lists, 

Schedules and Statements, Docket No. 11.

5. On January 17, 2018, an Order Granting Debtor’s Motion to Extend Time for 

Filing Lists, Schedules and Statements until January 23, 2018 was entered, Docket No. 13.

6. Shortly after this case was filed, counsel determined that Jones did not meet the 

monetary requirements of 11 U.S.C. §109(e) as the Debtor had unsecured debts in excess of 

$394,725.00. 

7. On January 23, 2018, Jones filed her Lists, Schedules and Statements, Docket

Nos. 15 and 17.

8. On January 29, 2018, Jones filed the instant Motion to Convert Chapter 13 Case

to Chapter 11 Case.

9. Jones anticipates that she will be able to file her Chapter 11 Disclosure Statement 

and Plan within ninety (90) days.

10. The Debtor and Samuel R. Seward, Jr. are Joint Tenants with the Right of 

Survivorship to Debtor’s real property. Mr. Seward will contribute to the payment of the

mortgages on said real property rendering the Plan feasible.

11. Debtor also intends to abandon the real property located at 15416 Kenneth Square 

Way, Brandywine, Maryland 20613.

WHEREFORE, for the reasons set forth hereinabove, the Debtor, Gail Robin Jones,

respectfully requests this Court to allow her to convert her Chapter 13 case to a case under 

Chapter 11.

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GAIL ROBIN JONES

By Counsel

LAW OFFICE OF JOHN T. DONELAN

__/s/ John T. Donelan________________

JOHN T. DONELAN, ESQUIRE

Virginia State Bar No. 18049

125 South Royal Street

Alexandria, Virginia 22314

Tel: 703-684-7555

Fax: 703-684-0981

Counsel for Gail Robin Jones

CERTIFICATE OF SERVICE

I hereby certify that on the 29th day of January, 2018 a true copy of the foregoing Motion 

to Convert Chapter 13 Case to Chapter 11 was sent, first class mail, postage prepaid, to all 

creditors and parties of interest on the Mailing Matrix attached to this Motion and filed with the 

Court.

___/s/ John T. Donelan___________

JOHN T. DONELAN

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