IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

Richmond Division

____________________________________ 

IN RE: ) 

 ) 

ADALYNN MARIE FARLEY ) Case No. 19−32860−KLP 

) Chapter 13 

 Debtor ) 

MOTION TO APPOINT GUARDIAN AD LITEM

COMES NOW, the Debtor, by counsel, and pursuant to Rule 1004.1 of the Federal Rules 

of Bankruptcy Procedure, moves this Court to appoint a Guardian Ad Litem for the Debtor 

herein, and in support hereof, states as follows: 

1. On May 30, 2019 the Debtor filed the Chapter 13 petition herein by her next 

friend and mother, Marisela Lopez, pursuant to Federal Rule of Bankruptcy Procedure 1004.1. 

2. The Debtor is a minor who inherited the real estate and improvements located at 

2306 Fon-Du-Lac Road, Henrico, VA (“Property”) by intestate succession upon the death of her 

father. 

3. The Debtor and her mother currently live with the mother’s family and it is their 

intention and desire to move into the Property so that it may serve as their principal residence. 

4. The Property is encumbered by a deed of trust in favor of Bayview Loan 

Servicing (“Bayview”). 

5. At the time of the filing of this case, the Bayview loan was delinquent in excess of 

$9,000.00. Despite the efforts of the Debtor’s mother requesting additional time from Bayview 

to cure the delinquency, Bayview elected to proceed with foreclosure on the Property. 

6. Bayview scheduled a foreclosure sale on the Property for May 31, 2019. A copy 

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of the Notice of Trustee’s Sale is attached hereto as Exhibit “A” and is incorporated herein.1

7. The Debtor lives with her mother, Marisela Lopez who is the sole provider for 

the Debtor. 

WHEREFORE, the Debtor moves the Court for an order appointing Marisela Lopez, as 

Guardian ad Litem for the Debtor Adalynn Marie Farley, and for such other relief as the Court 

may deem appropriate. 

Respectfully submitted, 

ADALYNN MARIE FARLEY 

By Counsel 

/s/ James E. Kane 

James E. Kane (VSB# 30081) 

Kane & Papa, P.C. 

P. O. Box 508 

Richmond, Virginia 23218-0508 

Telephone (804) 225-9500 

Counsel for Debtor 

CERTIFICATE OF SERVICE 

I certify that on July 24, 2019, I have transmitted a true copy of the foregoing document 

electronically through the Court’s CM/ECF system or by mail to the Debtor, Chapter 13 trustee, 

the United States trustee if other than by the electronic means provided for at Local Bankruptcy 

Rule 2002-1, all attorneys appearing in the previous case as listed below, and to all creditors and 

parties in interest of the mailing matrix attached hereto. 

/s/ James E. Kane 

Counsel for Debtor 

 

1

 Unbeknownst to counsel and the Debtor’s mother, on May 17, 2019 the foreclosure sale was cancelled and the loan 

is on a “Deceased Borrower Hold” through July 16, 2019. This information was conveyed by Bayview’s counsel to 

Debtor’s counsel after the case was filed. 

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IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

Richmond Division

____________________________________ 

IN RE: ) 

 ) 

ADALYNN MARIE FARLEY ) Case No. 19−32860−KLP 

) Chapter 13 

 Debtor ) 

NOTICE OF MOTION AND HEARING 

PLEASE TAKE NOTICE that the Debtor in this case has filed with the Court a Motion 

to Appoint a Guardian ad Litem. 

Your rights may be affected. You should read these papers carefully and discuss 

them with your attorney, if you have one in this bankruptcy case. If you do not have an 

attorney, you may wish to consult one. 

If you do not want the Court to grant relief sought in the Motion, or if you want the Court 

to consider your views on the Motion, then you or your attorney must on or before 3 days prior 

to the hearing on this matter: 

 File with the Court, at the address shown below, a written request for a hearing. If 

you mail your request to the Court for filing, you must mail it early enough so the 

Court will receive it on or before the date stated above. 

United States Bankruptcy Court 

Eastern District of Virginia 

701 E. Broad Street, Suite 4000 

Richmond, Virginia 23219 

You must also mail a copy to: 

James E. Kane, Esquire 

KANE & PAPA, P.C. 

P.O. Box 508 

Richmond, VA 23218-0508 

 Attend the hearing scheduled for August 28, 2019 at 10:00 a.m. at the U.S. 

Bankruptcy Court, 701 E. Broad St., Room 5100, Richmond, VA 23219. 

If you or your attorney do not take these steps, the Court may decide that you do not 

oppose the relief sought in the Motion and may enter an Order granting that relief. 

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Respectfully submitted, 

ADALYNN MARIE FARLEY 

By Counsel 

/s/ James E. Kane 

James E. Kane (VSB# 30081) 

Kane & Papa, P.C. 

P. O. Box 508 

Richmond, Virginia 23218-0508 

Telephone (804) 225-9500 

Counsel for Debtor 

CERTIFICATE OF SERVICE 

I certify that on July 24, 2019, I have transmitted a true copy of the foregoing document 

electronically through the Court’s CM/ECF system or by mail to the Debtor, Chapter 13 trustee, 

the United States trustee if other than by the electronic means provided for at Local Bankruptcy 

Rule 2002-1, all attorneys appearing in the previous case as listed below, and to all creditors and 

parties in interest of the mailing matrix attached hereto. 

/s/ James E. Kane 

Counsel for Debtor 

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 Label Matrix for local noticing (p)21ST MORTGAGE CORPORATION UST smg Richmond 

 0422-3 PO BOX 477 Office of the U. S. Trustee 

 Case 19-32860-KLP KNOXVILLE TN 37901-0477 701 East Broad St., Suite 4304 

 Eastern District of Virginia Richmond, VA 23219-1849 

 Richmond 

 Wed Jul 24 11:49:30 EDT 2019 

 United States Bankruptcy Court Bayview Loan Servicing Bayview Loan Servicing 

 701 East Broad Street 4425 Ponce De Leon PO Box 650091 

 Richmond, VA 23219-1888 5th Floor Dallas, TX 75265-0091 

 Coral Gables, FL 33146-1837 

 

 Samuel I. White, PC Adalynn Marie Farley Carl M. Bates 

 1804 Staples Mill Road 12261 Kain Road P. O. Box 1819 

 Suite 200 Glen Allen, VA 23059-5720 Richmond, VA 23218-1819 

 Richmond, VA 23230-3530 

 James E. Kane John P. Fitzgerald, III 

 Kane & Papa, PC Office of the US Trustee - Region 4 -R 

 1313 East Cary Street 701 E. Broad Street, Ste. 4304 

 P.O. Box 508 Richmond, VA 23219-1849 

 Richmond, VA 23218-0508 

 

 The preferred mailing address (p) above has been substituted for the following entity/entities as so specified 

 by said entity/entities in a Notice of Address filed pursuant to 11 U.S.C. 342(f) and Fed.R.Bank.P. 2002 (g)(4). 

 21st Mortgage Corporation (d)21st Mortgage Corporation 

 PO Box 477 P.O. Box 477 

 Knoxville, TN 37901 Knoxville, TN 37901-0000 

 The following recipients may be/have been bypassed for notice due to an undeliverable (u) or duplicate (d) address. 

 (u)Bayview Loan Servicing LLC End of Label Matrix 

 Mailable recipients 10 

 Bypassed recipients 1 

 Total 11 

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