United States Bankruptcy Court

Eastern District of Virginia

Richmond Division

In

re Michael Robert Dickinson

Case

No. 18-34024-KRH

Debtor(s) Chapter 13

Second Motion to Avoid Judicial Lien that Impairs the Debtor's Exemption

1. Debtor, Michael Robert Dickinson , commenced this case on 8/08/18 by filing a voluntary

petition for relief under Chapter 13 of Title 11 of the United States Bankruptcy Code.

2. This court has jurisdiction over this motion, filed pursuant to 11 U.S.C. Sec. 522(f) to avoid and cancel a

judicial lien held by Union Bank & Trust fka Union First Market Bank on real property used as the

debtor's residence, under 28 U.S.C. Sec. 1334.

3. On July 14, 2017, creditors recorded a judicial lien against the following debtor's residence at:

3717 Patterson Avenue

Richmond, VA 23221

described as follows:

ALL that certain lot, piece or parcel of land with improvements thereon and appurtenances thereto including the

general and limited Common Elements incident thereto, described as Unit 3717 containing 828 square feet, in Mount

Vernon Condominium, situated in the City of Richmond, Virginia, as defined and described in the Declaration dated

December 14, 1981, and on the plats thereto attached as Exhibits A, B, and C-1 through C-22, which Declaration

was recorded on December 15, 1981, in the Clerk's Office, Circuit Court, City of Richmond, Virginia, in Deed Book

790, page 40l.

BEING the same real estate conveyed to William A. Pylaris, by Deed of Gift from Fay A. Pyluris, dated March 27,

2007, recorded April 20, 2007, in the Clerk's Office, Circuit Court of the City of Richmond, Virginia, as Instrument

No. 070013380; and being previously the same real estate conveyed to Fay A Pylarls, (erroneously spelled Fay A.

Pyliarls) by deed from Myra Liezl C. Burgos, dated June 25, 2002, recorded July 1, 2002, in the aforesaid Clerk's

Office, as Instrument No. 020020498.

The said judicial lien is attached as an Exhibit and incorporated herein by this reference and is entered of record

as follows:

instrument # 17-011813 recorded on July 14, 2017 in the amount of $1,185.33 in the Clerk's office of the

Circuit Court of the City of Richmond for the judgment obtained in the General District Court of the City of

Richmond, case # GV17009203-00.

4. The debtor's interest in the property referred to in the preceding paragraph and encumbered by the lien has

been claimed as full exempt in their bankruptcy case. No parties timely objected to the Debtor's claim of

Virginia exemptions or his claim of an Exemption in the Property.

5. Kathy E. Sauer, an appraiser with Sauer Appraisal Service LLC appraised the real property located at 3717

Patterson Avenue, Richmond, Virginia on June 29, 2018 as having a value of $150,000.00. A copy of the

appraisal is attached as an Exhibit and incorporated herein by this reference.

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6. The existence of Union Bank & Trust fka Union First Market Bank lien on debtor's real property

impairs exemptions to which the debtor would be entitled under 11 U.S.C. Sec. 522(b).

WHEREFORE, debtor pray for an order against Union Bank & Trust fka Union First Market 

Bank avoiding and canceling the judicial lien in the above-mentioned property, and for such additional or

alternative relief as may be just and proper.

Michael Robert Dickinson

By Counsel

Date 9.9.2022 Signature /s/ Sharon Choi Stuart

Counsel for Debtor

Sharon Choi Stuart

Stuart Law Firm, LLC

8002 Discovery Drive, Suite 422

Henrico, VA 23229

(804) 221-2162

VSB #45026

CERTIFICATE OF SERVICE

I, Sharon Stuart, certify that on September 9, 2022 a copy of the foregoing document was served

either electronically through the Court’s CM/ECF system or via either first-class mail or certified mail

to the following parties in interest:

Via Certified Mail to:

Ronald L. Tillett, CEO

Union Bank & Trust

c/o Atlantic Union Bank

1051 E. Cary Street, Ste 1200

Richmond, VA 23219

Via CM/ECF Notification to:

Carl M. Bates, Esquire

Chapter 13 Trustee

P.O. Box 1819

Richmond, VA 23218

/s/ Sharon Stuart

Sharon Stuart, Counsel for Debtor

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Order to Avoid Judicial Lien on Real Estate

The motion of the above-named debtor, Michael Robert Dickinson , to avoid lien of the

respondent, Union Bank & Trust fka Union First Market Bank is sustained.

It is hereby ORDERED and DECREED that the judicial lien held by Union Bank & Trust fka Union 

First Market Bank , in and on debtor's residential real estate at 3717 Patterson Avenue,Richmond, 

VA 23221 entered of instrument # 17-011813 in the City of Richmond's Circuit Court be hereby

canceled.

It is further ORDERED that unless debtor's bankruptcy case is dismissed, Union Bank & Trust fka Union 

First Market Bank shall take all steps necessary and appropriate to release the judicial lien and remove it

from the local judgement index.

Date

U.S. BANKRUPTCY JUDGE

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