1 

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Alexandria Division

In re: )

)

S.P. TRUCKING LLC, ) Case No. 19-10521-BFK 

) Chapter 11

Debtor. )

ORDER TO SHOW CAUSE

This is the Debtor’s third bankruptcy case.1 In the last bankruptcy case, the Court held a 

hearing on the Court’s Order Setting Hearing and the case was dismissed with prejudice to 

refiling another case for a period of 180 days. Case No. 18-13386-KHK (Docket No. 23). 2 On 

February 19, 2019, within the 180 day “with prejudice” period, the Debtor filed a Voluntary 

Petition under Chapter 11. Docket No. 1. 

It appears to the Court, at least on a prima facie basis, that the Debtor is in violation of 

the plain terms of a Court Order. The Court, therefore, will set the matter for a hearing, at which 

the Debtor Designee shall be present, for the Court to determine whether: (a) this bankruptcy 

case should be dismissed; (b) whether further sanctions are appropriate; and (c) whether the 

Court should make a criminal referral to the U.S. District Court for alleged contempt of court 

under 18 U.S.C. §401(3).3

 

1

 The other cases are: 18-11185; 18-13386.

2

 A copy of the Order Dismissing Case is attached as Exhibit A.

3

 Section 401(3) provides: 

A court of the United States shall have power to punish by fine or imprisonment, or both, at its discretion, 

such contempt of its authority, and none other, as—

(3) Disobedience or resistance to its lawful writ, process, order, rule, decree, or command.

18 U.S.C. § 401(3). 

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The Debtor Designee or other representative is advised that he/she has the right to 

refuse to testify on Fifth Amendment grounds. 

It is therefore ORDERED:

1. The Court will hold a hearing on March 12, 2019, at 11:00 a.m., at the United

States Bankruptcy Court for the Eastern District of Virginia, 200 S. Washington St., Alexandria, 

VA 22314, in Judge Kenney’s courtroom, to determine: whether: (a) this bankruptcy case should 

be dismissed; (b) whether further sanctions are appropriate; and (c) whether the Court should 

make a criminal referral to the U.S. District Court for alleged contempt of court under 18 U.S.C. 

§401(3).

2. The Debtor Designee or other representative must be present at the aforesaid

hearing.

3. The Clerk will mail a copy of this Order to the Debtor and the Debtor Designee,

and will provide cm-ecf notice of its entry to the U.S. Trustee’s Office. 

Date: ________________ 

Alexandria, Virginia

______________________________

Brian F. Kenney 

United States Bankruptcy Judge

Copies to: 

S.P. Trucking LLC 

c/o Samuel Palomino, Debtor Designee 

7140 Taylor Road 

Falls Church, VA 22042 

Chapter 11 Debtor 

Office of the United States Trustee

1725 Duke Street, Suite 650 

Alexandria, VA 22314 

Feb 21 2019 /s/ Brian F. Kenney

Entered on Docket: February 21, 2019

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 UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

Alexandria Division 

In re: 

S.P. Trucking LLC 

Debtor

 Case No. 18-13386-KHK

 Chapter 11 

ORDER DISMISSING CASE WITH PREJUDICE

The Court held a hearing on November 27, 2018, on the Court’s Order Setting 

Hearing (Docket No. 16). For the reasons stated on the record at the hearing, it is 

ORDERED: 

1. This case is dismissed with prejudice to re-filing under any chapter of the 

Bankruptcy Code in this or any other court for a period of 180 days from the 

entry of this Order. 

2. The Debtor is advised that it has 14 days within which to note an appeal of this 

Order.

3. The Clerk will mail a copy of this order or give electronic notice of its entry, to 

the parties listed below. 

Date: ________________ __________________________________ 

Klinette H. Kindred 

United States Bankruptcy Judge 

Copy mailed to: Copy electronically to: 

Samuel Palomino Jack Frankel 

S.P. Trucking LLC

7140 Taylor Road

Falls Church, VA 22043

Dec 12 2018 /s/ Klinette Kindred

Entered on Docket: December 13, 2018

EXHIBIT A

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