James E. Kane (VSB #30081) 

KANE & PAPA, P.C. 

1313 East Cary Street 

Richmond, VA 23219 

(804) 225-9500 (phone) 

(804) 225-9598 (fax) 

Counsel for Debtor 

IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

Richmond Division 

 

IN RE: ) 

 ) 

RUTH LOIS BRILEY ) Case No. 18-31108-KLP 

 ) Chapter 13 

 Debtor ) 

MOTION TO SELL REAL ESTATE 

 COMES NOW, the Debtor, by counsel, and as and for Debtor’s Motion to Sell Real 

Estate, states as follows: 

 1. The Debtor filed this case under Chapter 13 of the U.S. Bankruptcy Code on 

March 6, 2018. 

 2. City of Richmond is a secured creditor which holds a tax lien on the property 

known as 816 Circlewood Dr., Richmond, VA 23224, more specifically known as 

 (the “Property”). 

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3. Although the Property has a tax assessed value of $128,000.00, it is in severe 

disrepair. The Property has been vacant for nearly 2 years and the utilities have been cut off 

since then. The roof is damaged and the Property has incurred serious water damage. 

 4. Debtor has entered into a contract (“Contract”) for the sale of the Property for 

$55,000.00, which, upon closing of the same, will result in City of Richmond releasing its tax 

lien against the Property of approximately $8,000.00. There is no mortgage on the Property. A 

copy of said Contract is attached hereto collectively as Exhibit “A” and incorporated herein by 

this reference. 

 5. The amount of the sale proceeds to be paid to the Chapter 13 Trustee is 

approximately $17,000.00, which will result in full payment of all allowed claims, including a 

one hundred percent (100%) dividend to unsecured creditors. 

6. On October 22, 2021, or as soon thereafter as may be practicable, Debtor intends 

to sell the Property in accordance with the terms of the Contract. 

WHEREFORE, the Debtor requests that the Court enter an Order authorizing the sale of 

the Property in accordance with the terms of the Contract and for such other relief as the Court 

may deem appropriate 

Dated: October 18, 2021 RUTH LOIS BRILEY 

 By: /s/ James E. Kane 

 Counsel 

James E. Kane (VSB #30081) 

KANE & PAPA, P.C. 

1313 East Cary Street 

Richmond, VA 23219 

(804) 225-9500 (phone) 

(804) 225-9598 (fax) 

Counsel for Debtor 

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CERTIFICATE OF SERVICE 

I hereby certify that on October 18, 2021, I will electronically file the foregoing with the 

Clerk of Court using the CM/ECF system, which will then send a notification of such filing 

(NEF) to all parties registered to receive notice thereof, and I mailed a true and exact copy to the 

parties on the list attached hereto. 

/s/ James E. Kane 

Counsel for Debtor 

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IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

Richmond Division 

 

IN RE: ) 

 ) 

RUTH LOIS BRILEY ) Case No. 18-31108-KLP 

 ) Chapter 13 

 Debtor ) 

NOTICE OF MOTION AND HEARING 

 The above Debtor has filed a Motion to Sell Real Estate with the Court. 

 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). 

The property Debtor is requesting authorization to sell 816 Circlewood Dr., Richmond, 

VA 23224 for $55,000.00. Approximately $8,000.00 from the proceeds from the sale will be 

paid to the City of Richmond to release its tax lien. There is no mortgage on the Property. The 

amount of the sales proceeds to be paid to the Chapter 13 Trustee is approximately $17,000.00, 

which will result in full payment of all allowed claims, including a one hundred percent (100%) 

dividend to unsecured creditors. 

 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, you or your attorney must: 

 File with the court, at the address shown below, a written request for a hearing [or 

written response pursuant to Local Bankruptcy 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 so the court will receive it on or before the date stated above, to: 

Clerk of Court 

United States Bankruptcy Court 

701 East Broad Street 

Richmond, VA 23219 

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You must also mail a copy to: 

James E. Kane, Esquire 

KANE & PAPA, P.C. 

1313 East Cary Street 

Richmond, Virginia 23219 

 Attend a hearing scheduled for October 20, 2021 at 10:00 a.m. at U.S. 

Bankruptcy Court, 701 East Broad Street, Room 5100, Richmond, VA 

23219. If no timely response has been filed opposing the relief requested, the 

court may grant the relief without holding a hearing. 

 REMOTE HEARING INFORMATION: 

Due to the COVID−19 public health emergency, no in-person hearings are being 

held. 

This hearing will take place remotely through Zoom on the date and time scheduled 

herein. 

To appear at the hearing, you must send, by email, a completed request form (the 

“Zoom Request Form”), which is available on the Court's internet website at 

www.vaeb.courts.gov, on the page titled, “Temporary Emergency Provisions 

Regarding ZoomGov Remote Proceeding Access Information.” Email your 

completed Zoom Request Form to the email address listed for the Judge assigned to 

the case. Following receipt of your Zoom Request Form, Court staff will respond to 

the email address from which the request was submitted with additional information 

on how to participate through Zoom. 

***The email address shall be used only to submit Zoom Request Forms. No other 

matters or requests will be considered by Court staff, and under no circumstances will 

any such matters or requests be brought to the Judge’s attention. Failure to comply 

with these instructions may result in appropriate action, including but not limited to 

the imposition of sanctions. 

*** PLEASE NOTE: You MUST submit the Zoom Request Form no later than 

two (2) business days prior to this hearing. Any documentary evidence the 

parties wish to present at the hearing must be filed with the Court in advance of 

the hearing.

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

oppose the relief sought in the motion or objection and may enter an order granting that 

relief. 

Case 18-31108-KLP Doc 38 Filed 10/18/21 Entered 10/18/21 15:31:23 Desc Main

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Dated: October 18, 2021 RUTH LOIS BRILEY 

 By: /s/ James E. Kane 

 Counsel 

James E. Kane (VSB #30081) 

KANE & PAPA, P.C. 

1313 East Cary Street 

Richmond, VA 23219 

(804) 225-9500 (phone) 

(804) 225-9598 (fax) 

Counsel for Debtor 

CERTIFICATE OF SERVICE 

I hereby certify that on October 18, 2021, I will electronically file the foregoing with the 

Clerk of Court using the CM/ECF system, which will then send a notification of such filing 

(NEF) to all parties registered to receive notice thereof, and I mailed a true and exact copy to the 

parties on the list attached hereto. 

/s/ James E. Kane 

Counsel for Debtor 

Case 18-31108-KLP Doc 38 Filed 10/18/21 Entered 10/18/21 15:31:23 Desc Main

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Authentlslgn ID: 5ED687FD-ADD7-4776-ACBD-FB22A89F1577 

CONTRACT TO PURCHASE REAL ES TATE 

This contract dated August 14, 2021 in which Buyer: Deshire Lopez offers to purchase from 

Seller(s): Ruth Briley the following described real estate, together with all improvements thereon and all appurtenant 

rights, located at: Address: 816 Circlewood Dr City: Richmond, VA 23224 City of: Richmond

APN: C0060629020 

Legal Description: WOODSTOCK LB BC SC4 0102.00X0187.52 IRGOOOO.OOO

In consideration of the sum of $_--=-50=0=·-=-00"'---_as earnest money due upon completion of inspection period, seller agrees: 

1) The purchase price is to be $ 55,000.00 payable in cash at closing 

2) The conditions of this Purchase are as follows:

a) Purchase is subject to inspection. Seller will make Buyer aware of any known facts that affect the value of the

Property.

b) Seller and tenant (if any) will make property accessible to show partners, lenders, inspectors, appraisers and contractors

prior to closing.

c) If Buyer is unable to complete the purchase for any reason, the earnest money deposit shall be forfeited to the seller

as total liquidated damages and buyer is released from any further obligation under this contract.

d) If Seller cannot provide clear title, Buyer will be released from any further obligation under this contract and deposit

will revert to the Buyer; otherwise Seller promises to sell under this contract.

e) Buyer shall select closing agent. Closing to be held in county where property is located or county of Buyer's

choice.

f) Purchase contract is assignable.

g) This agreement is subject to the final inspection and approval of the property by the buyer 5 days after the date

this contract is received by buyer.

3) All property taxes to be current, any previous year's taxes to be paid by seller.

4) Closing date shall be on or before 14 days from the date signed below by Seller. Seller grants any extension needed to

clear title or to complete closing documentation. Title to the above described real estate to be conveyed by Warranty

Deed or other customary instrument of transfer. Title is to be free, clear, and unencumbered, free of any county, city and 

federal liens. All liens against the property shall be paid at closing by the seller. 

5) This offer, when accepted, comprises the entire agreement of Purchaser and Seller, and it is agreed that no other

representations have been made.

6) This Contract is contingent upon the buyer's inspection and approval of the property prior to transfer of

title.

08/20/2021 Date: _ ____ _

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EXHIBIT A Case 18-31108-KLP Doc 38 Filed 10/18/21 Entered 10/18/21 15:31:23 Desc Main

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Ballato Law Firm

3721 Westerre Parkway

Suite A

Henrico, VA 23233

City of Richmond

Office of Finance- delinq. tax

900 E. Broad St., Room 109

Richmond, VA 23219

City of Richmond

Real Estate

P.O. Box 85005

Richmond, VA 23285

Midland Funding

Attn: Bankruptcy

Po Box 939069

San Diego, CA 92193

Portfolio Recovery

Po Box 41067

Norfolk, VA 23541

Receivable Management Inc

7206 Hull Rd

Ste 211

Richmond, VA 23235

Regional Acceptance Co

10051 Midlothian Tpke

North Chesterfield, VA 23235

TACS

P O Box 31800

Henrico, VA 23294

Visa Dept Store National Bank/Macy's

Attn: Bankruptcy

Po Box 8053

Mason, OH 45040

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