Susan H. Call, Esquire

Staff Counsel for 

Carl M. Bates

P.O. Box 1819

Richmond, VA 23218-1819

(804) 237-6800

VSBN 34367

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division

IN RE: )

Oliver Lawrence )

 Debtor ) Case No. 17-30339

 ) Chapter 13

)

MOTION BY TRUSTEE TO CONVERT CASE 

FROM CHAPTER 13 TO CHAPTER 7

COMES NOW, the Chapter 13 Trustee, by counsel, and pursuant to 11 

U.S.C. 1307 (c) moves the Court to Convert this case from a Chapter 13 case to a 

case under Chapter 7 of the Bankruptcy Courts; and in support of the Trustee’s 

Motion to Convert this Case states as follows:

1. The Debtor is currently a Debtor in a Chapter 13 case pending 

before this Court filed on January 24, 2017;

2. Carl M. Bates has been appointed the Chapter 13 Trustee in this 

case, and the 341 hearing was scheduled on March 2, 2017, at 11:00 a.m. and 

adjourned to March 16, 2017 at 12:00 noon; 

3. This case has not been confirmed;

4. Based upon evidence, tax records, and belief, the debtor owned

real estate located at 2425 Chamberlayne Ave, Richmond, Virginia that was not 

disclosed on Schedule A, but was in his name as of the date of filing this case per 

the tax records. See Exhibit A.

5. Upon belief and evidence, the Debtor’s ownership rights were 

foreclosed upon the day before filing, but per the tax records the real estate was 

not transferred by recordation from his name as sole owner to his wife as sole 

owner until February 23, 2017 without Court permission as no Motion for Relief 

was filed. See Exhibit B.

Case 17-30339-KRH Doc 12 Filed 03/02/17 Entered 03/02/17 15:23:42 Desc Main

 Document Page 1 of 3
Susan H. Call, Esquire

Staff Counsel for 

Carl M. Bates

P.O. Box 1819

Richmond, VA 23218-1819

(804) 237-6800

VSBN 34367

6. Based upon information and belief, the debtor has other assets, real 

estate and business interests, that are not disclosed on his schedules. The debtor 

has not referenced in his schedules any debts associated with the non-disclosed 

real estate, so the Trustee cannot determine a real liquidation requirement in this 

case. 

7. The debtor had a 341 hearing scheduled for March 2, 2017 at 

11:00 a.m. The debtor was aware of the hearing according to his attorney, but 

failed to appear at the 341 hearing. 

8. The debtor has limited income based upon his Schedule I filed, 

does not have the funds nor feasibility to fund a plan to meet the liquidation 

analysis requirements that would exist if full disclosure of assets was made for the 

property the Trustee has discovered. The circumstances of the case suggest that a 

conversion would be in the best interest of the creditors and the estate. 

9. The Trustee moves the Court to defer payment of the cost to convert the 

case until the case is Ordered converted.

WHEREFORE, the Chapter 13 Trustee, by Counsel, hereby moves the 

Court to convert this Chapter 13 case to a Chapter 7 case, and defer payment of 

the cost to convert the case until the case is Ordered converted.

Carl M. Bates

By Counsel

Susan H. Call

By: /s/ Susan H. Call

Susan H. Call, VSB #34367

Counsel for Trustee

Case 17-30339-KRH Doc 12 Filed 03/02/17 Entered 03/02/17 15:23:42 Desc Main

 Document Page 2 of 3
Susan H. Call, Esquire

Staff Counsel for 

Carl M. Bates

P.O. Box 1819

Richmond, VA 23218-1819

(804) 237-6800

VSBN 34367

CERTIFICATE OF SERVICE

I hereby certify that on March 2, 2017, a copy of the foregoing Motion 

was electronically transmitted and/or mailed, first class mail, postage prepaid, to 

Debtor, Oliver Lawrence, at 12384 Mechumps Creek Lane, Ashland, VA; to 

Aubrey F. Hammond, Jr., Esquire, at aubreyhammond@netscape.net, Counsel for 

the Debtor, and to all necessary parties in interest.

/s/ Susan H. Call

Susan H. Call, VSB #34367

Case 17-30339-KRH Doc 12 Filed 03/02/17 Entered 03/02/17 15:23:42 Desc Main

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