Seth A. Robbins, Esq. VSB #45807

ROBBINS LAW GROUP, PLLC

1100 N. Glebe Road

Suite 1010

Arlington, VA 22201

Tel: (703) 224-4436

srobbins@robbins-lawgroup.com

Counsel for Movants, Yang Jin, Hong Zhang, and Matthew Zhao

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

ALEXANDRIA DIVISION

In re: )

)

PEDRO FELIPE VALDES ) Case No. 18-13291-KHK

and ) Chapter 7

ANA MARIA ALDANA, )

)

Debtors. )

MOTION FOR ORDER EXTENDING THE TIME TO FILE A COMPLAINT TO 

DETERMINE DISCHARGEABILITY OF DEBT PURSUANT TO 11 U.S.C. §523(c)

COME NOW, Yang Jin, Hong Zhang, and Matthew Zhao, unsecured creditors herein, by 

and through their undersigned counsel, and pursuant to Fed. R. Bankr. P. 4007(c) and 

9006(b)(3), respectfully requests an order extending for ninety (90) days the time within which 

Yang Jin, Hong Zhang, and Matthew Zhao may file their complaints to determine the 

dischargeability of debts under 11 U.S.C. §523(c), and in support thereof states as follows:

PARTIES

1. Yang Jin and Hong Zhang are the owners of the real property located at 7407 

Bethune Street, Falls Church VA 22043. At Schedule E/F, Debtors’ identified Yang Jin and 

Hong Zhang1 as unsecured creditors whereby the Debtors may owe personal liability for the 

corporate debt of the Debtor-owned entity known as Artifact, LLC, a home builder. See, 

Debtors’ Petition Schedule E/F at 4.77. 

 1 Debtors’ incorrectly identified Yang Jin and Hong Zhang as Yang & Nick Jin.

Case 18-13291-KHK Doc 40 Filed 01/02/19 Entered 01/02/19 14:32:09 Desc Main

 Document Page 1 of 5
2. Matthew Zhao is the owner of the real property at 1351 Windy Hill Road, 

McLean, VA 22102. At Schedule E/F, Debtors’ identified Matthew Zhao as an unsecured 

creditor whereby the Debtors may owe personal liability for the corporate debt of the Debtorowned entity known as Artifact, LLC, a home builder. See, Debtors’ Petition Schedule E/F at 

4.56. 

PROCEDURAL HISTORY & GOOD CAUSE

3. The Debtors’ liability to the Movants by Artifact, LLC is codependent. Debtors’ 

identified the Movants as creditors on their Schedules.

4. On September 28, 2018 (the “Petition Date”), the Debtors filed a voluntary 

petition for relief under Chapter 7 of the United States Bankruptcy Code, 11 U.S.C. §101 et seq.

(the “Bankruptcy Code”), thereby commencing the above-captioned case. 

5. Originally, Janet M. Meiburger, Esquire was appointed as Chapter 7 Trustee in 

the case, but she resigned from the case and Kevin R. McCarthy, Esquire was appointed in her 

stead.

6. The first meeting of creditors was originally set for November 7, 2018. Once Ms.

Meiburger resigned and Mr. McCarthy was substituted as Trustee, the Section 341 first meeting 

of creditors was re-set to November 21, 2018. 

7. Mr. McCarthy ran late with his Section 341 docket on November 21, 2018; by the 

time the Valdes case was called, Mr. Kevin M. O’Donnell, Debtors’ counsel, had to leave the 

hearing to appear in the U.S. Bankruptcy Court. 

8. No questions by creditors were permitted on November 21, 2018 meeting of 

creditors. The Section 341 meeting was adjourned to December 19, 2018 for a time certain 

(1:00 p.m.). 

Case 18-13291-KHK Doc 40 Filed 01/02/19 Entered 01/02/19 14:32:09 Desc Main

 Document Page 2 of 5
9. At the Section 341 meeting on December 19, 2018, – for the first time – creditors 

were able to ask questions to the Debtors. 

10. For the first time, Creditors’ learned, among other grounds for joint personal 

liability, the Debtors’ commingled their personal assets with the Debtor-owned entity known as 

Artifact, LLC, a home builder. Whereby these Debtors fraudulently conveyed assets to insiders 

in a scheme avoid liability for breaches of contract. 

11. In part, the fraud scheme perpetrated by these Debtors include false statements to 

induce the Creditors’ to remit monies to the Debtors. 

12. The Notice of Chapter 7 Bankruptcy Case (Official Form 309A) issued in this 

case on October 3, 2018 (Docket Entry No. 55), states that the deadline to file a complaint to

determine the dischargeability of certain debts expires on January 6, 2018 (the “Dischargeability 

Deadline”), which was sixty (60) days after the date first set for the meeting of creditors in this 

case.

13. On December 31, 2018, promptly after the Section 341 meeting, these Creditors 

met with the undersigned counsel to discuss legal representation. 

14. The undersigned counsel was formally retained on January 1 and 2, respectively –

4 days before the deadline to submit adversary complaints. 

ARGUMENT

15. Fed. R. Bankr. P. 4007(c) specifies the time frame within which a complaint to

determine dischargeability of debt must be filed. Fed. R. Bankr. P. 4007(c) provides that “on 

motion of any party in interest, after hearing on notice, the court may for cause extend the time to 

file fixed [for filing a complaint to determine the dischargeability of debt].” 

Case 18-13291-KHK Doc 40 Filed 01/02/19 Entered 01/02/19 14:32:09 Desc Main

 Document Page 3 of 5
16. The Rule also requires that any such extension motion “shall be filed before the

time has expired.” Fed. R. Bankr. P. 4007(b). See also, Fed. R. Bankr. P. 9006(b)(3) (“The court 

may enlarge the time for taking action under Rule[s] ... 4007(a) ..., only to the extent and under 

the conditions stated in those rules.”) 

17. As of today, two weeks after the Debtors testified under oath at the re-scheduled 

(twice) meeting of creditors, there are only four (4) days remaining until the deadline (January 6, 

2019).

18. Cause exists in this case to extend the Dischargeability Deadline. An extension of

approximately ninety (90) days from the entry of any extension order should allow Movants to 

determine: i) whether assets were commingled as part of the fraud scheme; ii) whether Debtors 

fraudulently executed certain lien waivers; and/or iii) whether financial information that these 

Creditors received from the Debtor(s) was falsified or misleading. 

19. Movants reserve the right to seek further extensions to the extent that any initial 

extension is insufficient to afford the time necessary to accomplish their investigation.

WHEREFORE, for the foregoing reasons, Movants respectfully request that this Court 

enter an order (a) extending the Dischargeability Deadline for a period of ninety (90) days as to 

Movants, Yang Jin, Hong Zhang, and Matthew Zhao, and (b) provide such other and further 

relief as the Court deems just and proper.

Date: January 2, 2019 Respectfully Submitted, 

YANG JIN, 

HONG ZHANG, and

MATTHEW ZHAO

By Counsel

_/s/_Seth A. Robbins ____________

Seth A. Robbins, Esq. (VSB #45807)

Case 18-13291-KHK Doc 40 Filed 01/02/19 Entered 01/02/19 14:32:09 Desc Main

 Document Page 4 of 5
Robbins Law Group, PLLC

1100 North Glebe Road 

Suite 1010

Arlington, VA 22201

Tel: (703) 224-4436

Fax: (202) 836-9840

Email: srobbins@robbins-lawgroup.com

Counsel for Yang Jin, Hong Zhang, and Matthew Zhao

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Motion was served 

electronically through the ECF filing system this 2nd day of January, 2019 to all required parties, 

including the Office of the United States Trustee, and by first class mail to the following persons:

Kevin M. O’Donnell

300 N. Washington Street

Suite 204

Alexandria, VA 22314

Counsel for Debtors

Kevin R. McCarthy

McCarthy & White, PLLC

8508 Rehobeth Court

Vienna, VA 22182

Trustee

Pedro Felipe Valdes

Ana Maria Alana

14531 Old Mill Road

Centreville, VA 20121

Debtors

_/s/_Seth A. Robbins ____________

Seth A. Robbins, Esq. (VSB #45807)

Case 18-13291-KHK Doc 40 Filed 01/02/19 Entered 01/02/19 14:32:09 Desc Main

 Document Page 5 of 5