Paul McCourt Curley, Esq. VSB No. 43794

SIX EAST LAW GROUP

6 East Broad Street

Richmond, Virginia 23219

Telephone: (804) 355-8273

E-Mail: paul.curley@sixeastlaw.com

www.sixeastlaw.com

 Counsel for Tracy Wills Bartlett

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION 

In re: BRIAN WIRT BARTLETT, ) Chapter 13

) Case No. 18-31079-KRH

Debtor(s). )

RESPONSE TO MOTION FOR RELIEF FROM STAY

Tracy Wills Bartlett (“Mrs. Bartlett”), by counsel, hereby responds to the motion for relief 

from the automatic stay of 11 U.S.C. § 362(a) filed by the debtor, Brian Wirt Bartlett, as follows: 

1. The debtor and Mrs. Bartlett are currently involved in divorce proceedings in the 

Amelia County Circuit Court, case number CL17000033, which case was filed on March 20, 

2017 (“the Divorce Case”). 

2. During the pendency of the Divorce Case the debtor filed the above captioned 

Chapter 13 bankruptcy case. 

3. The Divorce Case was not listed in section 4 of the debtor’s statement of financial 

affairs nor anywhere else in his bankruptcy schedules filed in this case. The debtor’s schedules 

have not been amended. 

4. A trial in the Divorce Case was scheduled to be held on November 28, 2018 

without the consent of Mrs. Bartlett or any counsel and without an order from this Court granting 

relief from the automatic stay. Importantly, the determination and distribution of the parties’

property and debts, pursuant to Virginia Code Section 20-107.3, is set to be heard on November 

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28, 2018 1

. 

5. It is imperative that this Court not grant relief from the automatic stay such as to 

allow the Amelia Circuit Court to proceed with the determination and distribution of the parties’

property and debts, pursuant to Virginia Code Section 20-107.3, as the debtor: a) failed to list 

many significant assets in his bankruptcy schedules; b) grossly understated the value of the assets 

that are listed in his bankruptcy schedules; c) understated his income in schedule I; and d) 

overstated his monthly expenses in schedule J. 

WHEREFORE, Tracy Wills Bartlett respectfully requests that this Court deny the 

debtor’s motion insofar as relief from the automatic stay is requested relative to any matter 

related to Virginia Code Section 20-107.3; and for such other and further relief that this case may 

require and the Court deems just and proper. 

TRACY WILLS BARTLETT,

By: /s/ Paul McCourt Curley 

 Counsel

 

Paul McCourt Curley, Esq. VSB No. 43794

SIX EAST LAW GROUP

6 East Broad Street

Richmond, Virginia 23219

Telephone: (804) 355-8273

E-Mail: paul.curley@sixeastlaw.com

www.sixeastlaw.com

 Counsel for Tracy Wills Bartlett

 

1 It is acknowledged that debtor’s counsel represents in the motion that “[r]elief is not requested as to property of the 

estate”. However, in the preceding sentence debtor’s counsel requests relief from the automatic stay to allow “the 

divorce and ‘related matters’ to proceed.” If “related matters” do not include any matters involving the Amelia 

County Circuit Court’s “decree as to property and debts of parties”, pursuant to Virginia Code Section 20-107.3,

there are no “related matters”. 

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on November 7, 2018, a true and correct copy of the

foregoing Motion and Notice was filed electronically using the Court’s CM/ECF system, which 

sent notice to all parties who have appeared in this case or by first-class mail, postage paid, to the 

following: 

Suzanne E. Wade, Esquire

Chapter 13 Trustee

P.O. Box 1780

Richmond, Virginia 23218-1780

Brian Wirt Bartlett

4298 Pierce Road

Powhatan, Virginia 23139

John P. Fitzgerald, III

Office of the US Trustee – Region 4 – R

701 East Broad Street, Suite 4304

Richmond, Virginia 23219

Laura Taylor Alridge, Esquire

Patrick Thomas Keith, Esquire

Boleman Law Firm, PC

P.O. Box 11588

Richmond, Virginia 23230-1588

/s/ Paul McCourt Curley

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