John T. Donelan, Esquire

Virginia State Bar No. 18049

125 South Royal Street

Alexandria, Virginia 22314

(703) 684-7555

Counsel for Bill LeMaster and Diane L. LeMaster

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

ALEXANDRIA DIVISION

IN RE: )

)

TIMOTHY E. CLIGGOTT, ) Case No. 17-12248-BFK

) Chapter 11

Debtor. )

__________________________________________)

BILL LEMASTER )

DIANE L. LEMASTER, )

)

Movants, )

)

v. )

)

TIMOTHY E. CLIGGOTT, )

)

Respondent. )

MOTION FOR EXPEDITED HEARING

ON MOVANT’S MOTION FOR RELIEF FROM STAY

PURSUANT TO 11 U.S.C. §362(d)(1), (2)(A), (B), (4)(B)

Movants, Bill LeMaster and Diane L. LeMaster (“the LeMasters”), by counsel, pursuant 

to Local Rule 9013-1(N), states the following in support of their Motion for Expedited Hearing 

to consider the LeMasters’ Motion for Relief from Stay Pursuant to 11 U.S.C. §362(d)(1), 

(2)(A), (B), (4)(B).

1. On June 29, 2017, Timothy E. Cliggot, Debtor (“Debtor”) filed a voluntary, 

minimum requirements Chapter 11 petition in the U.S. Bankruptcy Court for the Eastern District 

of Virginia, Alexandria Division, Case No. 17-12248-BFK (“the 2017 case”). This is the 

Debtor’s second bankruptcy case.

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2. The Debtor’s first bankruptcy case was filed as a Chapter 11 but was converted to 

a Chapter 7 case, Case No. 15-12929-BFK (“the 2015 case”). Relief from the stay was granted 

on August 23, 2016 to permit the LeMasters to foreclose on real property known as 12849 

LeMaster Drive, Nokesville, Virginia 20181 and 12951 LeMaster Drive, Nokesville, Virginia 

20181 (“the Property”).

3. The 2017 case was filed June 29, 2017 by the Debtor to stop a foreclosure on the 

Property by the LeMasters which was scheduled for the following day, June 30, 2017. 

4. Upon information and belief, Debtor’s counsel, who was also counsel in the 2015 

case, had knowledge of the Debtor’s Schedules and Statements in that case, and was aware of the 

foreclosure date by June 15, 2017. Debtor’s counsel had fourteen (14) days to file a complete 

Chapter 11 filing, including Lists, Schedules and Statements and did not.

5. Completion of case filings were due on July 13, 2017 and were not filed.

6. Instead, on July 13, 2017, Debtor, by counsel filed a Motion to Extend Time to 

File Lists, Schedules and Statements until August 9, 2017.

7. The Court’s next Motion’s Day is August 16, 2017. The LeMasters request this 

Honorable Court grant them an expedited hearing as soon as possible as this is a bad faith filing.

WHEREFORE, Movants, Bill LeMaster and Diane L. LeMaster request that this 

Honorable Court grant their Motion for Expedited Hearing to consider the LeMasters’ Motion

for Relief from Stay Pursuant to 11 U.S.C. §362(d)(1), (2)(A), (B), (4)(B) against the Debtor, 

Timothy E. Cliggott and in rem relief as to the Property located at1 12849 LeMaster Drive, 

Nokesville, Virginia 20181 and 12951 LeMaster Drive, Nokesville, Virginia 20181 and schedule 

an expedited hearing at the Court’s earliest date.

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BILL LEMASTER

DIANE L. LEMASTER

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 Bill LeMaster and Diane L. LeMaster

CERTIFICATE OF SERVICE

I hereby certify that on the 19th day of July, 2017 a true copy of the foregoing Motion for

Expedited Hearing on Motion for Relief from Stay Pursuant to 11 U.S.C. §362(d)(1), (2)(A), (B), 

(4)(B) was sent electronically using the CM/ECF system which will send notification to the 

following parties:

Daniel M. Press, Esquire

Chung & Press, P.C.

6718 Whittier Avenue, Suite 200

McLean, Virginia 22101

Judy A. Robbins, U.S. Trustee

Office of the United States Trustee

115 S. Union Street, Suite 210

Alexandria, VA 22314

Jack I. Frankel, Esquire

Office of the United States Trustee

115 S. Union Street, Suite 210

Alexandria, VA 22314

___/s/ John T. Donelan_______

JOHN T. DONELAN

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