UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Alexandria Division

In re: )

)

GERMAN SALAZAR, ) Case No. 12-13003-BFK

) Chapter 13

Debtor. )

_______________________________________ )

GERMAN SALAZAR, )

)

Plaintiff, )

v. ) Adversary Proceeding

) No. 17-01102-BFK

JP MORGAN CHAS BANK, NA dba CHASE )

HOME FINANCE, )

)

Defendant. )

ORDER DISMISSING ADVERSARY PROCEEDING

This matter is before the Court on the Court’s Order to Show Cause. Docket No. 9. Alisa 

L. Correa, Esquire, Counsel for the Debtor, was present in person. The Debtor’s Chapter 13 Plan 

in the above case called for the avoidance, or strip-off, of a second mortgage lien in favor of 

Chase Home Finance. Case No. 12-13003-BFK, Docket No. 20, ¶ 7(B). The Order confirming 

the Plan, entered on December 11, 2012, required that any avoidance action under Section 7(B)

be filed within sixty (60) days of entry of the confirmation Order. Id., Docket No. 33, ¶ 6. The 

Debtor did not file this adversary proceeding until October 17, 2017, four years and ten months 

after entry of the Confirmation Order. Docket No. 1. 

Further, Bankruptcy Rule 7004(a)(1) incorporates Federal Rule of Civil Procedure 4(m), 

which requires service of the summons and complaint within 90 days of the filing of the 

complaint (effective December 1, 2015). If the summons and complaint are not served within 90 

days, then “the court – on motion or on its own after notice to the plaintiff – must dismiss the 

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action without prejudice against that defendant or order that service be made within a specified 

time,” unless the plaintiff shows good cause for the failure. Bankruptcy Rule 7004(a)(1). The 

summons and complaint were not served within 90 days in this adversary proceeding. As of the 

hearing on April 3, 2018, there was no Certificate of Service in the Court’s file, despite the fact 

that Plaintiff’s counsel had requested the issuance of two Alias Summonses from the Clerk. 

Docket Nos. 7, 15. 

The Court found at the hearing that the reasons proffered by Plaintiff’s counsel for not 

filing the Complaint within 60 days after confirmation of the Plan did not amount to excusable 

neglect. The Court further found that the Plaintiff did not demonstrate good cause for the failure 

to serve the summons and complaint within 90 days of the filing of the complaint. 

It is, therefore ORDERED:

1. This adversary proceeding is dismissed without prejudice. 

2. The Clerk will mail copies of this Order, or give electronic notice of its entry, to the 

parties listed below.

Date: _____________________ ___________________________________

Brian F. Kenney

Alexandria, Virginia United States Bankruptcy Judge

Copies to:

German Salazar

8665 Night Watch Ct. 

Bristow, VA 20136

Debtor

Apr 4 2018 /s/ Brian F. Kenney

Entered on Docket:4/4/2018 sas

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Alisa L. Correa 

4196 Merchant Plaza 

Suite 706

Woodbridge, VA 22192

Counsel for Debtor

JP Morgan Chas Bank, NA d/b/a 

Chase Home Finance

Reg. Agent: CT Corporation System 

1201 Peachtree Street NE

Atlanta, GA 30361

Defendant

Thomas P. Gorman 

Chapter 13 Trustee 

300 N. Washington St.

Suite 400

Alexandria, VA 22314

Defendant

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