UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

IN RE: Carol Linda Hiter Case No. 17-31592

 Debtor Chapter 13 

ORDER GRANTING MOTION FOR AUTHORITY TO SELL REAL PROPETY

 OF THE DEBTOR'S BANKRUPTCY ESTATE

THIS MATTER came before the Court on "Debtor's Motion for Authority to Sell Real 

Property" [Dkt No. 32] ("Motion"). The Motion having been properly noticed to all required parties,

and U.S. Bank Trust National Association, as Trustee of Chalet Series III Trust having resolved

its Objection [Dkt No. 33] as evidenced by the endorsement of counsel for U.S. Bank Trust

National Association, as Trustee of Chalet Series III Trust to this Order, and no other party in

interest having filed any objection to the Motion, the Chapter 13 Trustee having consented to

same by his signature hereto, it is hereby:

ORDERED that the Motion be, and it is hereby, GRANTED; it is further

ORDERED that the Debtor is authorized to sell that certain parcel of real property to Diane

Embler ("Purchaser"), for the purchase price of One Hundred Ninety-Eight Thousand and no/100 Dollars

( $198,000.00), which property is located at 2606 Maplewood Road, Henrico, VA 23228-5520 and more

particularly described as follows:

ALL those certain lots of land in Henrico County, Virginia, together with all improvements

thereon and all appurtenances thereto belonging, fronting One Hundred (100) feet on the

northern line of Maplewood Avenue, between Cottage and Cedar Craft Streets, and designated as

Lots 28 and 29, in Block 15 on the plan Hermitage Park, a Plat of which is recorded in the

Clerk’s Office of the Circuit Court of Henrico County, Virginia, in Plat Book 12, page 43, to

which plat reference is hereby made for the metes and bounds of said lots.

Richard S. Clinger VSB #19632

422 East Franklin Street, Suite 101

Richmond, VA 23219

(804) 788-1655

Counsel for Debtor(s)

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BEING the same real estate conveyed to Nancy T. Slate by deed from Anne G. Berkeley a

nd Christopher R. Dean dated March 19, 1999, and recorded March 26, 1999, in the Clerk’s 

Office, Circuit Court, Henrico County, Virginia in Deed Book 2897, Page 0426.

IT IS FURTHER ORDERED that the sale be closed as provided for in the Purchase

Agreement [Dkt No. 32-1**-1] (Purchase Agreement); it is further

ORDERED that the proceeds of the sale be distributed first to the costs of sale, the settlement

agent shall pay in full to U.S. Bank Trust National Association, as Trustee of Chalet Series III Trust the

current payoff amount of $165,141.86, as of August 20, 2021 within a reasonable time upon the sale of

the Property, together with a per diem rate after August 20,2012 of $19.68; it is further

ORDERED that the lien of U.S. Bank Trust National Association, as Trustee of Chalet Series

III Trust attaches to any and all proceeds of the sale up to the full amount of of the payoff to U.S. Bank

Trust National Association, as Trustee of Chalet Series III Trust as of the date of such sale, that the lien

of U.S. Bank Trust National Association, as Trustee of Chalet Series III Trust is in the first lien position

and has secured status; and that closing takes place in a reasonable time; and it is further

ORDERED that from the net proceeds, the settlement agent shall pay to Carl M. Bates, Chapter

13 Trustee, not less than $3922.76 ; and it further

ORDERED that the balance of the net proceeds, if any, shall be paid to the debtor Carol Linda

Hiter and; and it is further

ORDERED that the debtor can execute all documents necessary to convey the real property; and

it is further

ORDERED that although Federal rule of Bankruptcy Procedure 6004(h) provides that an order

authorizing the sale or lease of property other than cash collateral is stayed until the expiration of 14 days

after entry of the Order, this Court waives the effectiveness of that Rule, such that this Court orders that

this Order shall be effective as of the date of the entry of the Order; and it is further

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ORDERED that the Clerk shall mail copies of this Order, once entered, to all parties on the

attached service list.

DATED 

 

 

JUDGE

I ask for this:

/s/Richard S. Clinger, Esquire 

Richard S. Clinger VSB #19632

422 East Franklin Street, Suite 101

Richmond, VA 23219

(804) 788-1655

Counsel for Debtor(s)

Seen and agreed:

/s/ Keith Yacko

Keith Yacko

McMichael Taylor Gray, LLC

3550 Engineering Drive, Suite 260

Peachtree Corners, GA 30092

Seen, No Objection:

/s/Carl M. Bates, Trustee

Chapter 13 Trustee

P.O. Box 1819

Richmond, VA 23218

804-237-6800

CERTIFICATION OF ENDORSEMENT

I hereby certify that all necessary parties have endorsed this order.

Date: July 28, 2021

/s/Richard S. Clinger

422 East Franklin Street, Suite 101

Richmond, VA 23219

Aug 6 2021

/s/ Keith L Phillips

Entered On Docket: Aug 6 2021

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PARTIES TO RECEIVE COPIES:

Carl M. Bates, Trustee

Chapter 13 Trustee

P.O. Box 1819

Richmond, VA 23218

US Trustee Office

701 East Broad Street, Room 4305

Richmond, VA 23219-1885

Richard S. Clinger, Esquire

422 East Franklin Street, Suite 101

Richmond, VA 23219

Keith Yacko

McMichael Taylor Gray, LLC

3550 Engineering Drive, Suite 260

Peachtree Corners, GA 30092

Carol Linda Hiter 

2606 Maplewood Rd 

Henrico, VA 23228

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