UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Richmond Division

IN RE: Melvin Williams, Jr. Case No. 18-30625

 Debtor

Chapter 13

DEBTOR'S MOTION TO SELL REAL PROPERTY

COMES NOW, Melvin Williams, Jr. ("Debtor"), and respectfully makes as follows:

1. This action is brought by Plaintiff, Melvin Williams, Jr., Debtor

2. The Court has exclusive jurisdiction over the property in question under 28 U.S.C.

§1334. This is a core matter.

3. The Debtor has filed for relief under Chapter 13 on February 9, 2018.

4. At the time of filing the debtor owned real estate located at 2220 Venable Street,

Richmond, Va 23223-6463 (hereinafter referred to as “the property”) 

5. The property in question is presently worth approximately $152,000.00.

6. Said property is encumbered by a lien to SN Servicing Corp. with an approximate

payoff of $132,288.68. 

7. The Debtor has found a buyer, Randall Martinez, willing to purchase the Real

Property for a purchase price of $152,000.00 (contract is attached hereto as

Exhibit A) for the property which is more fully described as follows: 

All that certain lot, piece or parcel of land with all improvements thereon, lying and being

in the city of Richmond, Virginia, on the north line of Venable Street, between Jessamine

and Scott Streets (now 22nd Street), beginning at the north line of Venable Street twenty

three (23') from the northwestern intersection of Venable and Jessamine Streets; thence

running westwardly along the north line of Venable Street and fronting there on twenty

three feet (23'); thence extending back at right angles with Venable Street and between

parallel lines one hundred fifty seven feet and one half feet (157.5') to an alley ten feet

(10') wide.

Case 18-30625-KLP Doc 69 Filed 05/30/19 Entered 05/30/19 11:43:11 Desc Main

Document Page 1 of 7
8. The Debtor believes that after deducting cost of sale and paying off the mortgage,

$5000.00 towards closing costs and realtors’ fee the Debtor's share of the proceeds 

will be less than $5,000.

9. The Debtors will provide the Trustee with the opportunity to examine the settlement

statement to determine that the funds that will be distributed to the Debtors do not

exceed the Debtors' homestead exemption. Upon the Trustee's consent as evidenced by

his signature on the Order, the Debtors will submit the Order to the Court for entry

without a hearing in this matter.

10. The Debtor will provide the Trustee with the opportunity to examine the settlement

statement to determine that the funds that will be distributed to the Debtor do not exceed

the Debtor's homestead exemption. Upon the Trustee's consent as evidenced by her

signature on the Order, the Debtor will submit the Order to the Court for entry without a

hearing in this matter.

11. The proposed sale of the real estate does not prejudice the rights of any party.

WHEREFORE, Debtor prays that this Court enter an Order permitting the sale of the

said property with no hearing in this matter upon the consent of the Trustee.

Dated: May 30, 2019

Respectfully Submitted,

Melvin Williams, Jr. 

By: /s/Richard S. Clinger

Counsel

Richard S. Clinger VSB #19632

422 East Franklin Street, Suite 101

Richmond, VA 23219

(804) 788-1655

Counsel for Debtor(s)

Case 18-30625-KLP Doc 69 Filed 05/30/19 Entered 05/30/19 11:43:11 Desc Main

Document Page 2 of 7
CERTIFICATE OF SERVICE

I hereby certify that on May 30, 2019, a copy of the

foregoing Motion was electronically transmitted and/or mailed to

the U.S. Truseee, the standing Chapter 13 Trustee, Daniel E.

Joslyn, McCabe, Weisberg & Conway, LLC, 312 Marshall Avenue,

#800, Laurel, MD 20707 and to all creditors and parties in

interest on the mailing list maintained by the clerk of court, a

copy of which is attached.

 /s/Richard S. Clinger

Counsel for the Debtor(s)

Case 18-30625-KLP Doc 69 Filed 05/30/19 Entered 05/30/19 11:43:11 Desc Main

Document Page 3 of 7
UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Richmond Division

IN RE: Melvin Williams, Jr. Case No. 18-30625

xxx-xx-2146

Address: 10124 Spring Ivy Lane Chapter 13

Mechanicsville, VA 23116

 Debtor

NOTICE OF MOTION

Debtor has filed papers with the Court to request an order to Sell Real Estate.

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 your or your attorney must:

File with the court, at the address below, a written response for a hearing [or a written

response pursuant to Local 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 for the court to receive it on or before the

date stated above.

Clerk of Court

United States Bankruptcy Court

Eastern District of Virginia

701 East Broad Street, Room 4000

Richmond, Virginia 23219

You must also mail a copy to:

Richard S. Clinger, Esquire

422 East Franklin Street, Suite 101

Richmond, VA 23219

Richard S. Clinger VSB #19632

422 East Franklin Street, Suite 101

Richmond, VA 23219

(804) 788-1655

Counsel for Debtor(s)

Case 18-30625-KLP Doc 69 Filed 05/30/19 Entered 05/30/19 11:43:11 Desc Main

Document Page 4 of 7
9 Attend the 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.

9 Attend the hearing on the motion scheduled to be held on *** at United States

Bankruptcy Court, Eastern District of Virginia 701 East Broad Street, Room 4000

Richmond, Virginia 23219

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

oppose the action requested to your claim.

Date: May 30, 2019 /s/Richard S. Clinger 

 Richard S. Clinger VSB #19632

422 East Franklin Street, Suite 101

Richmond, VA 23219

(804) 788-1655

Counsel for Debtor(s)

CERTIFICATE OF SERVICE

I hereby certify that on May 30, 2019, a copy of the foregoing

Motion was electronically transmitted and/or mailed to the U.S.

Trusee, the standing Chapter 13 Trustee, Daniel E. Joslyn,

McCabe, Weisberg & Conway, LLC, 312 Marshall Avenue, #800,

Laurel, MD 20707 and to all creditors and parties in interest on

the mailing list maintained by the clerk of court, a copy of

which is attached.

 /s/Richard S. Clinger

Counsel for the Debtor(s)

Case 18-30625-KLP Doc 69 Filed 05/30/19 Entered 05/30/19 11:43:11 Desc Main

Document Page 5 of 7
 Label Matrix for local noticing BSI Financial Services Deutsche Bank National Trust Company, as Tru 

 0422-3 1425 Greenway Drive, Ste 400 C/O Shapiro & Brown, LLP 

 Case 18-30625-KLP Irving, TX 75038-2480 501 Independence Pkwy 

 Eastern District of Virginia Ste 203 

 Richmond Chesapeake, VA 23320-5174 

 Thu May 30 09:24:46 EDT 2019 

 US Department of Education United States Bankruptcy Court BSI Financial Services 

 P O Box 16448 701 East Broad Street P.O. Box 517 

 Saint Paul, MN 55116-0448 Richmond, VA 23219-1888 Titusville, PA 16354-0517 

 

 Ballato Law Firm, P.C. City of Richmond City Hall Equifax Credit Information 

 3721 Westerre Parkway Room 109 Delinquent Taxes P.O. Box 740241 

 Suite A 900 East Broad Street Atlanta, GA 30374-0241 

 Henrico, VA 23233-1332 Richmond VA 23219-1907 

 Equity Experts Henrico Federal Credit Union Internal Revenue Service 

 6632 Telegraph Rd. #339 9401 West Broad Street Insolvency Units 

 Bloomfield Hills, MI 48301-3012 Henrico, VA 23294-5331 P.O. Box 7346 

 Philadelphia, PA 19101-7346 

 Kings Charter Homeowners Assc Melvin Williams, Jr. Navient Solutions, LLC. on behalf of 

 c/o HOA Collection Services 10124 Spring Ivy Lane United Student Aid Funds, Inc. 

 9407 Kings Charter Drive Mechanicsville, VA 23116-5144 GLHEC and Affiliates 

 Mechanicsville, VA 23116-5119 PO BOX 8961 

 Madison, WI 53708-8961 

 

 Navinet Ocwen Loan Servicing, LLC Ocwen Mortgage 

 P.O. Box 9500 Attn: Bankruptcy Department PO BOX 24781 

 Wilkes Barre, PA 18773-9500 PO Box 24605 West Palm Beach, FL 33416-4781 

 West Palm Beach, Florida 33416-4605 

 Office of the U. S. Attorney Office of the U. S. Trustee PRP II Pals Investments Trust 

 Suntrust Building 701 East Broad Street, Room 4305 c/o McCabe, Weisberg & Conway, LLC 

 919 East Main Street, Suite 1900 Richmond, VA 23219-1885 312 Marshall Avenue, Suite 800 

 Richmond, VA 23219-4622 Laurel, MD 20707-4808 

 Realty Industrial Loan Corp Richard S. Clinger VSB Richmond City 

 210 East Main Street Richard S. Clinger c/o Tacs 

 Richmond, VA 23219-3740 422 East Franklin Street, Suite 101 P.O. Box 31800 

 Richmond, VA 23219-2226 Henrico, VA 23294-1800 

 (p)SN SERVICING CORPORATION U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRU U.S. Bank Trust National Association, as Tru 

 323 FIFTH ST c/o McCabe, Weisberg & Conway, LLC c/o BSI Financial Services 

 EUREKA CA 95501-0305 312 Marshall Avenue, Suite 800 1425 Greenway Drive, Ste. 400 

 Laurel, MD 20707-4808 Irving, TX 75038-2480 

 US Bank Trust National Association US Department of Education US Department of Education 

 SN Servicing Corporation 61 Forsyth St SW PO Box 16448 

 323 Fifth St Ste 19740 St. Paul, MN 55116-0448 

 Eureka, CA 95501-0305 Atlanta, GA 30303-8931 

Case 18-30625-KLP Doc 69 Filed 05/30/19 Entered 05/30/19 11:43:11 Desc Main

Document Page 6 of 7
 c/o McCabe, Weisberg & Conway, LLC John P. Fitzgerald, III Richard S. Clinger 

 312 Marshall Avenue, Suite 800 Office of the US Trustee - Region 4 -R 422 East Franklin Street, Suite 101 

 Laurel, MD 20707-4808 701 E. Broad Street, Ste. 4304 Richmond, VA 23219-2226 

 Richmond, VA 23219-1849 

 

 Suzanne E. Wade 

 P.O. Box 1780 

 Richmond, VA 23218-1780 

 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). 

 SN Servicing Corp. 

 323 5th St. 

 Eureka, CA 95501-0000 

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

 (u) US Bank Trust National Association, as Tr (u)PRP II Pals Investments Trust (u)U.S. BANK TRUST NATIONAL ASSOCIATION, AS T

 (d)Melvin Williams Jr. End of Label Matrix 

 10124 Spring Ivy Lane Mailable recipients 33 

 Mechanicsville, VA 23116-5144 Bypassed recipients 4 

 Total 37 

Case 18-30625-KLP Doc 69 Filed 05/30/19 Entered 05/30/19 11:43:11 Desc Main

Document Page 7 of 7