James E. Kane (VSB #30081) 

KANE & PAPA, P.C. 

1313 East Cary Street 

Richmond, VA 23219 

(804) 225-9500 (phone) 

(804) 225-9598 (fax) 

Counsel for Debtor 

IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

Richmond Division 

 

IN RE: ) 

 ) 

CICEL LYNN JOHNSON ) Case No. 19-30531-KLP 

 ) Chapter 13 

 Debtor ) 

MOTION TO INCUR DEBT 

 COMES NOW, the Debtor, by counsel, and as and for Debtor’s Motion to Incur Debt, 

states as follows: 

 1. The Debtor filed this case under Chapter 13 of the U.S. Bankruptcy Code on 

February 1, 2019. 

2. The Debtor has applied for and Magnolia Bank, Inc. has approved a loan to the 

Debtor in the amount of $336,885.00 plus interest at 5% per annum to be repaid with 360 equal 

monthly payments of approximately $2,391.00 for principal, interest, and escrow for the 

purchase of real estate and improvements located at 5105 Claypoint Rd., Chesterfield, VA 

23832, more particularly known as 

ALL THAT CERTAIN OR PARCEL OF LAND WITH THE IMPROVEMENTS 

THEREON AND APPURTENANCES THERETO BELONGING, LYING, 

BEING AND SITUATE IN CLOVERHILL MAGISTERIAL DISTRICT, 

CHESTERFIELD COUNTY, VIRGINIA, DESIGNATED AS E/L CLAYPOINT 

RD., PARCEL 1, PARCEL ID: 742676214000000 

 (the “Property”). 

3. The closing costs from the sale will be paid by a gift from the Debtor’s family. 

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4. The purchase price of the Property is $343,100.00. 

5. There will be no loan proceeds paid to the Debtor. 

6. The purchase of the Property is in the best interest of the Debtor and will facilitate 

the Debtor’s ability to perform under her Chapter 13 Plan filed herein. 

7. The Debtor has been renting the Property since 2016 and the landlord recently 

obtained relief from the stay in this case. 

8. The Debtor is purchasing the Property pursuant to an option to purchase 

contained in her lease agreement. Her current monthly rent payment is $2,380.00, and her 

estimated mortgage payment will be $2,391.00. 

WHEREFORE, the Debtor requests that the Court enter an Order approving the aforesaid 

loan on the terms stated herein and for such other relief as the Court may deem appropriate. 

 CICEL LYNN JOHNSON 

 By: /s/ James E. Kane 

 Counsel 

James E. Kane (VSB #30081) 

KANE & PAPA, P.C. 

1313 East Cary Street 

Richmond, VA 23219 

(804) 225-9500 (phone) 

(804) 225-9598 (fax) 

Counsel for Debtor 

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CERTIFICATE OF SERVICE 

I hereby certify that on February 25, 2021, I will electronically file the foregoing with the 

Clerk of Court using the CM/ECF system, which will then send a notification of such filing 

(NEF) to all counsel of record who have signed up to receive such notification and by first class 

mail to the parties on the attached list.

 /s/ James E. Kane 

 James E. Kane 

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IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

Richmond Division 

 

IN RE: ) 

 ) 

CICEL LYNN JOHNSON ) Case No. 19-30531-KLP 

 ) Chapter 13 

 Debtor ) 

NOTICE OF MOTION 

 The above Debtor has filed Motion to Incur Debt in the above matter. 

 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, within twenty-one (21) days from the date of 

this Notice you or your attorney must: 

 File with the court, at the address shown below, a written request for a hearing [or 

written response pursuant to Local Bankruptcy Rule 9013-1(H)]. If you mail your 

request for a hearing (or response) to the court for filing, you must mail it early 

enough so the court will receive it on or before the date stated above, to: 

Clerk of Court 

United States Bankruptcy Court 

701 East Broad Street 

Richmond, VA 23219 

You must also mail a copy to: 

James E. Kane, Esquire 

Kane & Papa, P.C. 

1313 East Cary Street 

Richmond, Virginia 23219 

 Attend a hearing to be scheduled at a later date. You will receive a separate 

notice of hearing. If no timely response has been filed opposing the relief 

requested, the court may grant the relief without holding a hearing. 

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 If you or your attorney do not take these steps, the court may decide that you do not 

oppose the relief sought in the motion or objection and may enter an order granting that 

relief. 

Dated: February 25, 2021 CICEL LYNN JOHNSON 

 By: /s/ James E. Kane 

 Counsel 

James E. Kane (VSB #30081) 

KANE & PAPA, P.C. 

1313 East Cary Street 

Richmond, VA 23219 

(804) 225-9500 (phone) 

(804) 225-9598 (fax) 

Counsel for Debtor 

CERTIFICATE OF SERVICE 

I hereby certify that on February 25, 2021, I will electronically file the foregoing with the 

Clerk of Court using the CM/ECF system, which will then send a notification of such filing 

(NEF) to all counsel of record who have signed up to receive such notification and by first class 

mail to the parties on the attached list.

 /s/ James E. Kane 

 James E. Kane 

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 Label Matrix for local noticing Capital One Auto Finance, a division of Capi HP Virginia I, LLC 

 0422-3 4515 N Santa Fe Ave. Dept. APS 180 N Stetson Ave. 

 Case 19-30531-KLP Oklahoma City, OK 73118-7901 Suite 3650 

 Eastern District of Virginia Chicago, IL 60601-6709 

 Richmond 

 Thu Feb 25 15:24:48 EST 2021 

 NCEP, LLC, c/o AIS Portfolio Services, LP United States Bankruptcy Court Ashley Funding Services, LLC 

 4515 N Santa Fe Ave. Dept. APS 701 East Broad Street Resurgent Capital Services 

 Oklahoma City, OK 73118-7901 Richmond, VA 23219-1888 PO Box 10587 

 Greenville, SC 29603-0587 

 

 CHESTERFIELD COUNTY TREASURER COMCAST Capital One Auto Finance, a division of 

 ADMINISTRATION BUILDING PO BOX 70219 AIS Portfolio Services, LP 

 9901 LORI ROAD PHILADELPHIA, PA 19176-0219 4515 N Santa Fe Ave. Dept. APS 

 CHESTERFIELD, VA 23832-6626 Oklahoma City, OK 73118-7901 

 Capital One Bank (USA), N.A. (p)DOMINION ENERGY VIRGINIA NORTH CAROLINA (p)GLOBAL LENDING SERVICES LLC 

 by American InfoSource as agent PO BOX 26666 1200 BROOKFIELD BLVD STE 300 

 4515 N Santa Fe Ave RICHMOND VA 23261-6666 GREENVILLE SC 29607-6583 

 Oklahoma City, OK 73118-7901 

 NCEP, LLC PATHLIGHT PROPERTY MANAGEMENT / HOME PARTNER STEVEN KREIGER, ESQ. 

 AIS Portfolio Services, LP 6500 INTERNATIONAL PARKWAY 550 MAIN STREET 

 4515 N Santa Fe Ave. Dept. APS SUITE 1100 ALEXANDRIA, VA 22703 

 Oklahoma City, OK 73118-7901 PLANO, TX 75093-8363 

 TRAVELERS IINSURANCE TREASURER CHESTERFIELD COUNTY Cicel L. Johnson 

 PO BOX 59059 PO BOX 70 P. O. Box 5616 

 KNOXVILLE, TN 37950-9059 CHESTERFIELD, VA 23832-0906 Midlothian, VA 23112-0028 

 James E. Kane John P. Fitzgerald, III Suzanne E. Wade 

 Kane & Papa, PC Office of the US Trustee - Region 4 -R 341 Dial 877-996-8484 Code 2385911 

 1313 East Cary Street 701 E. Broad Street, Ste. 4304 7202 Glen Forest Drive, Ste. 202 

 P.O. Box 508 Richmond, VA 23219-1849 Richmond, VA 23226-3770 

 Richmond, VA 23218-0508 

 

 The preferred mailing address (p) above has been substituted for the following entity/entities as so specified 

 by said entity/entities in a Notice of Address filed pursuant to 11 U.S.C. 342(f) and Fed.R.Bank.P. 2002 (g)(4). 

 DOMINION ENERGY Global Lending Services LLC 

 PO BOX 26543 1200 Brookfield Blvd Ste 300 

 RICHMOND, VA 23290 Greenville, South Carolina 29603 

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

Case 19-30531-KLP Doc 104 Filed 02/25/21 Entered 02/25/21 16:04:09 Desc Main

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 (u)Global Lending Services LLC End of Label Matrix 

 Mailable recipients 20 

 Bypassed recipients 1 

 Total 21 

 

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