Suzanne E. Wade, Chapter 13 Trustee

Virginia State Bar Number 31868

1313 East Main Street, Suite A

Post Office Box 1780

Richmond, Virginia 23218-1780

(804) 775-0979

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

In re: Charles Anthony Barbettini, Jr., Debtor ) Case No. 17-31129-KLP

 ) Chapter 13

MOTION TO DISMISS CASE WITH PREJUDICE

COMES NOW Suzanne E. Wade, Chapter 13 Trustee, and moves this Court to dismiss the case 

of Charles Anthony Barbettini, Jr., (the “Debtor”), with prejudice and a prohibition from re-filing a 

bankruptcy case under any chapter of the Bankruptcy Code, in any jurisdiction in the United States, for 

a period of at least two (2) years; and in support thereof states as follows:

Parties

1. Charles Anthony Barbettini, Jr., is not represented by counsel in this case.

2. On or about March 7, 2017, Suzanne E. Wade was appointed Chapter 13 trustee in this case. She 

continues to serve as the Chapter 13 Trustee in this case.

Jurisdiction and Venue

3. This motion is commenced pursuant to Rule 9013 of the Federal Rules of Bankruptcy Procedure.

4. This Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and1334, and 11 U.S.C. 

§§ 105 and1307(c). This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A) and (J).

5. This Motion is brought by the Trustee in furtherance of her duties as set forth in 11 U.S.C. § 

1302(b), and is filed for the specific purpose of having the dismissal of this case be with prejudice 

with a prohibition from re-filing any bankruptcy case under any chapter of the Bankruptcy Code 

in any jurisdiction of the United States for a period of at least two (2) years.

Background

6. On or about March 7, 2017 (the “Petition Date”), the Debtor filed a voluntary petition for relief 

under Chapter 13 of the Bankruptcy Code, 11 U.S.C. § 101, et seq. (the “Bankruptcy Code”), 

designated as Case Number 17-31129-KLP (the “Current Case”). 

7. Prior to the Current Case, the Debtor has filed four other Chapter 13 cases, all of which have been 

dismissed. The cases can be summarized as follows:

a. The first case was filed on November 9, 2011, and was dismissed by Order entered 

October 12, 2012, for default in making the payments under the Plan (Case No. 11-37134-

DOT).

Case 17-31129-KLP Doc 23 Filed 05/12/17 Entered 05/12/17 13:33:26 Desc Main

 Document Page 1 of 5
Suzanne E. Wade, Chapter 13 Trustee

Virginia State Bar Number 31868

1313 East Main Street, Suite A

Post Office Box 1780

Richmond, Virginia 23218-1780

(804) 775-0979

b. The second case, filed January 7, 2014, under the name Charles Anthony Barbettini, was 

dismissed by Order entered February 4, 2014 for failure to cure credit counseling 

deficiency (Case No. 14-30052-KLP).

c. The third case, filed September 24, 2014, under the name Charles Anthony Barbettini,

was dismissed by Order entered on May 22, 2015, for failure to file an amended plan 

upon denial of confirmation (Case No. 14-35128-KRH).

d. The fourth case, filed October 25, 2016, was dismissed by Order entered November 16, 

2016 for failure to pay installment of filing fee (Case No. 16-35239-KLP).

8. On March 22, 2017, the Debtor filed an incomplete Plan as there are no provisions for funding

of the Plan; and no provision to pay unsecured creditors addressed in the Plan. In addition, the 

Debtor has failed to commence payments under the Plan, as required by § 1326 of the Bankruptcy 

Code 11 U.S.C. §1326 (a)(1). Furthermore, the Debtor has failed to provide proof of his 

household income to ensure the Plan’s compliance with the requirements of 11 U.S.C. § 

1325(b)(1)(B) and 11 U.S.C. § 1322(a)(1) and § 1322(d)(1). Finally, the Debtor has failed to 

provide proof of filing all required tax returns pursuant to 11 U.S.C. §1308 and §1325(a)(9).

9. The Debtor has failed to proceed in good faith.

Argument

10. 11 U.S.C. § 105 provides, in pertinent part, that “[t]he court may issue any order, process, or 

judgment that is necessary or appropriate to carry out the provisions of this title.” 11 U.S.C. § 

105(a) (2016).

11. 11 U.S.C. § 1307 provides that the Court may dismiss a case for cause, including unreasonable 

delay that is prejudicial to creditors. 

12. The Debtor’s failure to commence payments under the Plan constitutes a breach of his statutory 

duties under 11 U.S.C. §1326(a)(1) and is cause for dismissal pursuant to 11 U.S.C. § 1307(c)(4).

13. His failure to file a completed Chapter 13 plan is cause for dismissal under 11 U.S.C. § 

1307(c)(1).

14. In addition, the Trustee would suggest the Debtor’s history of repetitive bankruptcy filings

demonstrates a lack of good faith, and is prejudicial to creditors.

15. Therefore, dismissal is appropriate pursuant to 11 U.S.C. § 1307(c)(1) and (c)(4).

Case 17-31129-KLP Doc 23 Filed 05/12/17 Entered 05/12/17 13:33:26 Desc Main

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Suzanne E. Wade, Chapter 13 Trustee

Virginia State Bar Number 31868

1313 East Main Street, Suite A

Post Office Box 1780

Richmond, Virginia 23218-1780

(804) 775-0979

16. In addition to dismissal, the Trustee seeks an order preventing the Debtor from filing another 

bankruptcy case for a period of at least two (2) years. 

WHEREFORE, the Chapter 13 Trustee, by counsel, respectfully requests the Court dismiss this 

case with prejudice against the Debtor filing any other bankruptcy case in any jurisdiction in the United 

States under any chapter of the Bankruptcy Code for a period of at least two (2) years from the entry of 

this Order on the Court’s docket, and grant any other and further relief which the Court deems equitable 

and just.

Respectfully submitted,

Date: May 12, 2017 /s/ Suzanne E. Wade .

 Chapter 13 Trustee 

CERTIFICATE OF SERVICE

I hereby certify a true copy of the foregoing MOTION TO DISMISS CASE WITH PREJUDICE

was served electronically or by first-class mail, postage prepaid, this 12th day of May, 2017, upon the 

following parties:

Charles Anthony Barbettini, Jr., PRO SE Debtor

7812 Little Ridge ct

Chesterfield, VA 23832

Kevin Hildebeidel

Stern & Eisenberg Mid-Atlantic, PC

9411 Philadelphia Road

Suite M

Baltimore, MD 21237

R.A. Hurley

Shapiro & Brown, LLP

501 Independence Parkway, Suite 203

Chesapeake, VA 23320

/s/ Suzanne E. Wade .

 Chapter 13 Trustee 

Case 17-31129-KLP Doc 23 Filed 05/12/17 Entered 05/12/17 13:33:26 Desc Main

 Document Page 3 of 5
Suzanne E. Wade, Chapter 13 Trustee

Virginia State Bar Number 31868

1313 East Main Street, Suite A

Post Office Box 1780

Richmond, Virginia 23218-1780

(804) 775-0979

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

In re: Charles Anthony Barbettini, Jr., Debtor ) Case No. 17-31129-KLP

 ) Chapter 13

7812 Little Ridge ct )

Chesterfield, VA 23832 )

 )

 XXX-XX -1313 )

NOTICE OF MOTION TO DISMISS CASE WITH PREJUDICE, AND HEARING THEREON

Suzanne E. Wade, Chapter 13 Trustee, has filed with the Court a Motion to Dismiss Case With 

Prejudice (the “Motion”) in the above-captioned case.

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 on or before June 14, 2017, you or your attorney must:

(X)File with the Court, at the address shown below, a written response pursuant to 

Local Bankruptcy Rule 9013-1(H). If you mail your response to the Court for 

filing, you must mail it early enough that the Court will receive it on or before the 

date stated above.

Clerk of Court

United States Bankruptcy Court

701 East Broad Street, Suite 4000

Richmond, Virginia 23219

You must also mail a copy to:

Elizabeth C. Brogan, Counsel for Suzanne E. Wade, Chapter 13 Trustee

Post Office Box 1780

Richmond, Virginia 23218-1780

(X) Attend a hearing, which has been scheduled for June 21, 2017 at 9:30 a.m. in 

the United States Bankruptcy Court, 701 E. Broad Street, Courtroom 5100, 

 Richmond, VA 23219 before the Honorable Judge Keith L. Phillips.

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

Case 17-31129-KLP Doc 23 Filed 05/12/17 Entered 05/12/17 13:33:26 Desc Main

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Suzanne E. Wade, Chapter 13 Trustee

Virginia State Bar Number 31868

1313 East Main Street, Suite A

Post Office Box 1780

Richmond, Virginia 23218-1780

(804) 775-0979

relief sought in the Motion, and may enter an order granting that relief.

Date: May 12, 2017 /s/ Suzanne E. Wade .

 Chapter 13 Trustee 

CERTIFICATE OF SERVICE

I hereby certify a true copy of the foregoing NOTICE OF MOTION TO DISMISS CASE WITH 

PREJUDICE, AND HEARING THEREON was served electronically or by first-class mail, postage 

prepaid, this 12th day of May, 2017, upon the following parties:

Charles Anthony Barbettini, Jr., PRO SE Debtor

7812 Little Ridge ct

Chesterfield, VA 23832

Kevin Hildebeidel

Stern & Eisenberg Mid-Atlantic, PC

9411 Philadelphia Road

Suite M

Baltimore, MD 21237

R.A. Hurley

Shapiro & Brown, LLP

501 Independence Parkway, Suite 203

Chesapeake, VA 23320

/s/ Suzanne E. Wade .

 Chapter 13 Trustee 

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