UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

Alexandria Division 

In re: ) 

) Bankruptcy Case 

TIFFANY BESTANI, ) No. 16-12768-BFK 

) Chapter 7 

Debtor. ) 

____________________________________) 

MOTION FOR ENTRY OF ORDER CONSISTENT WITH COURT’S 

RULING ON DECEMBER 5, 2017 

H. Jason Gold, the chapter 7 trustee (“Trustee”) for the above-captioned case, by his 

undersigned counsel, hereby files this Motion for Entry of Order Consistent with Court’s Ruling 

on December 5, 2017 (“Motion”), stating to the court as follows: 

SUMMARY

Trustee and Debtor’s counsel are unable to agree on a proposed order that properly reflects 

the Court’s ruling from December 5, 2017, on the Debtor’s Motion to Compel Abandonment of 

Property (“Motion to Compel”). As demonstrated by the attached proposed orders, Debtor’s 

counsel fails to appreciate the distinction the Court made between litigation related to domain 

names and litigation not related to domain names. Because the Debtor never scheduled any interest 

in domain names, the Court stated that the only litigation abandoned by the Trustee was the 

litigation that was not related to domain names. 

BACKGROUND AND JURISDICTION

1. On August 11, 2016, Tiffany Bestani (“Debtor”) filed her voluntary petition under 

chapter 7 of the Bankruptcy Code. 

2. On December 7, 2016, Debtor received her discharge. 

3. On December 12, 2016, the case was closed. 

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4. On September 29, 2017, the Trustee, upon learning of potential undisclosed assets, 

filed his Motion to Reopen Case (Docket Entry 16), which was granted by this Court on October 

24, 2017. 

5. On October 31, 2017, the Debtor’s case was reopened. 

6. On November 1, 2017, H. Jason Gold was appointed as chapter 7 trustee. 

7. On November 20, 2017, Debtor filed her Motion to Compel (Docket Entry 30). 

8. On December 5, 2017, the Court granted Debtor’s Motion to Compel (the 

“Hearing”). 

9. The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1334 and the 

Standing Order of Reference entered on August 15, 1984. Venue is proper pursuant to 28 U.S.C. 

§ 1408. This matter is a core proceeding within the meaning of 28 U.S.C. §§ 157(b)(2)(A) and 

(O). 

ARGUMENT 

10. Trustee and Debtor’s counsel are unable to agree on an order that properly and 

accurately encapsulates the Court’s ruling at the Hearing. 

11. At the Hearing, by virtue of the fact that the Debtor never scheduled any interest in 

domain names, the Court stated that the Trustee abandoned any interest in litigation not related to 

domain names.

12. Attached to this motion are Trustee’s Proposed Order and Debtor’s Proposed Order 

(Exhibit A and Exhibit B, respectively). 

13. The Trustee submits that his proposed order is an accurate summation of the Court’s 

ruling at the Hearing. 

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14. Also, the Trustee respectfully requests that this Motion be heard in conjunction with 

the Trustee’s Motion to Sell, as both motions address interrelated issues. 

CONCLUSION

WHEREFORE, the Trustee respectfully requests that this Court enter Trustee’s Proposed 

Order and grant such other and further relief as the Court may deem just and proper. 

Respectfully submitted, 

H. JASON GOLD, TRUSTEE 

By Counsel 

NELSON MULLINS RILEY & SCARBOROUGH LLP 

101 Constitution Avenue, NW / Suite 900 

Washington, DC 20001 

Tel: 202.712.2800 

Fax: 202.712.2860 

By: /s/ David M. Barnes, Jr. 

H. Jason Gold, Va. Bar No. 19117 

David M. Barnes, Jr., Va. Bar No. 86747 

Counsel to the Chapter 7 Trustee 

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CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on this 3rd day of January 2018, the foregoing Motion was 

served via first class mail, postage prepaid, to the parties in interest on the attached service list1

and to: 

Office of the United States Trustee 

115 South Union St., Suite 210 

Alexandria, Virginia 22314 

Robert Sergio Brandt 

The Law Office of Robert S. Brandt 

1513 King Street 

Alexandria, VA 22314 

Counsel to the Debtor

/s/ David M. Barnes, Jr. 

David M. Barnes, Jr. 

1

 Pursuant to Local Rule 5005-1(C)(8), the attached service list is not being served on each of the parties, but is 

attached to the original Certificate of Service filed with the Court. 

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