United States Bankruptcy Court

Eastern District of Virginia

Richmond Division

In

re Michael Robert Dickinson

Case

No. 18-34024-KRH

Debtor(s) Chapter 13

Third 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 Virginia Credit Union on real property used as the debtor's residence, under 28

U.S.C. Sec. 1334.

3. On May 18, 2007 , 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 #07-08919 recorded on May 18, 2007 in the City of Richmond's Circuit Court in the amount

of $2,180.32, case #GV06044154-00.

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 Virginia Credit Union's 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 prays for an order against Virginia Credit Union 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 3.29.2022 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 March 29, 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 Regular, First-Class Mail to:

Robert Bolling, Secretary/Treasurer

Virginia Credit Union

7500 Boulders View Drive

Richmond, VA 23225

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, Virginia Credit Union is sustained.

It is hereby ORDERED and DECREED that the judicial lien held by Virginia Credit Union , in and on

debtor's residential real estate at 3717 Patterson Avenue,Richmond, VA 23221 entered of record as

instrument # 07-08919 in the City of Richmond Circuit Court be hereby canceled.

It is further ORDERED that unless debtor's bankruptcy case is dismissed, Virginia Credit Union 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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