IN THE UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Newport News Division

In re: Julia Ann Wendland Case No. 19-51712-SCS

Debtor Chapter 13

NOTICE OF MOTION TO CONTINUE THE AUTOMATIC STAY

The above named Debtor, by counsel, has filed a Motion for Continuation of the 

Automatic Stay with the Court pursuant to 11 U.S.C. § 362(c)(3)(B). 

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

discuss them with your attorney, if you have one.

If you want to be heard on this matter, then no later than three (3) days before 

the date of the hearing, you or your attorney must: 

1. File with the court, at the address below, a written response pursuant to 

Local Rule 9013-1(H). If you mail your response to the Court for filing, you 

must mail it early enough so that the Court will receive it on or before the 

date stated above.

Clerk of Court

United States Bankruptcy Court

600 Granby Street

4th Floor

Norfolk, VA 23510

2. You must also send a copy to:

Boleman Law Firm, P.C.

Convergence Center III

272 Bendix Road, Suite 330

Virginia Beach, VA 23452

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.

Barry W. Spear (VSB# 39152)

Boleman Law Firm, P.C.

Convergence Center III

272 Bendix Road, Suite 330

Virginia Beach, VA 23452

Telephone (757) 313-3000

Counsel for Debtor

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Respectfully submitted,

JULIA ANN WENDLAND

By Counsel:

/s/ Barry W. Spear

Barry W. Spear (VSB# 39152)

Boleman Law Firm, P.C.

Convergence Center III

272 Bendix Road, Suite 330

Virginia Beach, Virginia 23452

Telephone (757) 313-3000

Counsel for Debtor

CERTIFICATE OF SERVICE

I certify that on November 26, 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(s), Chapter 13 trustee, the United States trustee if other than by the electronic 

means provided for at Local Bankruptcy Rule 2002-1, and to all creditors and parties in 

interest of the mailing matrix attached hereto.

/s/ Barry W. Spear

Counsel for Debtor

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IN THE UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Newport News Division

In re: Julia Ann Wendland Case No. 19-51712-SCS

Debtor Chapter 13

MOTION TO CONTINUE AUTOMATIC STAY AND

MEMORANDUM IN SUPPORT THEREOF

COMES NOW JULIA ANN WENDLAND (the “Debtor”), by counsel, pursuant to 

11 U.S.C. § 362(c)(3)(B) and files the following Motion to Continue Automatic Stay and 

Memorandum in Support Thereof, and affirmatively states as follows:

Jurisdiction

1. Jurisdiction of this Court over the instant matter is based upon 28 U.S.C. 

§§1334 and 157 in that this action arises in and relates to the bankruptcy case of the 

Debtor.

2. This proceeding is a core proceeding under 28 U.S.C. §157(b)(2)(A), (B), 

(K), and (O).

3. Venue is proper pursuant to 28 U.S.C. §1409.

Background Facts

4. On November 22, 2019 (hereinafter the “Petition Date”), the Debtor filed a 

petition for relief under Chapter 13 of the Bankruptcy Code (the “instant case”).

5. Within the year prior to filing the instant case, Debtor has been a debtor in 

one (1) pending Chapter 13 bankruptcy case (the “previous case”), which was filed on

Barry W. Spear (VSB# 39152)

Boleman Law Firm, P.C.

Convergence Center III

272 Bendix Road, Suite 330

Virginia Beach, VA 23452

Telephone (757) 313-3000

Counsel for Debtor

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February 8, 2019, and dismissed on November 20, 2019 (Case No. 19-50166). The 

previous case was dismissed by the Court because of failure to make plan payments.

Facts of the Instant Case

6. In the instant case, Debtor has proposed a Chapter 13 Plan (the “Plan”) 

that commits to pay the Trustee all projected disposable income, $500.00 per month, for 

a period of 60 months. 

7. Among other provisions, the Plan proposes the following: payment to 

Capital One Auto Finance on account of its claim secured by 2017 Nissan Versa; 

payment to the Treasurer of Newport News on account of its claim related to the 2017 

Nissan Versa; and a reasonable distribution to unsecured creditors based upon the 

Debtor’s ability to pay.

Discussion

8. Because the instant case was commenced within one (1) year of the 

dismissal of the prior case, the automatic stay in the instant case will expire “with 

respect to any action taken with respect to a debt or property securing such debt or with 

respect to any lease . . . ” on December 22, 2019, unless the Court extends the 

automatic stay. 11 U.S.C. § 362(c)(3)(A) and (B). 

9. Pursuant to 11 U.S.C. § 362(c)(3)(B), Debtor must demonstrate to the 

Court that the instant case was filed in good faith in order to obtain an extension of the 

automatic stay. 

10. If the Court finds grounds for presuming the instant case was filed “not in 

good faith,” § 362(c)(3)(C) would impose a burden on Debtor to overcome such 

presumption and prove good faith by clear and convincing evidence. If, however, the 

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Court finds no grounds for presuming the instant case was filed “not in good faith,” 

Debtor must merely prove good faith by a preponderance of the evidence. In re 

Havner, 336 B.R. 98, 103 (Bankr. M.D.N.C. 2006); In re Ball, 336 B.R. 268, 273 (Bankr. 

M.D.N.C. 2006). 

11. Within the context of motions to continue the automatic stay pursuant to § 

362(c)(3), In re Chaney, 362 B.R. 690, 694 (Bankr.E.D.Va. 2007), instructs that the term 

“good faith” was defined judicially in the Fourth Circuit by Deans v. O’Donnell, 692 F.2d 

968, 972 (4th Cir. 1982), further refined by Neufeld v. Freeman, 794 F.2d 149, 152 (4th

Cir. 1986), and left unchanged by Congress when it created § 362(c)(3). Chaney at 694.

12. Pursuant to Neufeld v. Freeman, good faith determinations require courts 

to consider, inter alia, “the percentage of proposed repayment, the debtor’s financial 

situation, the period of time payment will be made, the debtor’s employment history and 

prospects, the nature and amount of unsecured claims, the debtor’s past bankruptcy 

filings, the debtor’s honesty in representing facts, and any unusual or exceptional 

problems facing the particular debtor.” Id. at 152, citing Deans v. O’Donnell, 692 F.2d at 

972. The focus of the inquiry is “to determine whether or not . . . there has been ‘an 

abuse of the provisions, purpose, or spirit’ of Chapter 13 in the proposal or plan.” 

Neufeld at 152, citing Deans at 972, and quoting 9 Collier on Bankruptcy 9.20 at 319 

(14th ed. 1978). 

13. In order to apply the Fourth Circuit’s definition of good faith in determining 

whether the automatic stay should be extended pursuant to § 362(c)(3), 

“the court must be satisfied that the plan in the new case will succeed 

where the plan in the prior case did not. Usually this will require a finding 

that some change in the financial or personal affairs of the debtor has 

occurred that will allow the debtor to perform under the terms of the plan in 

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the new case. But the inquiry does not end there. The court needs to 

determine that the repetitive filing does not violate the spirit of the 

Bankruptcy Code. The new case must not be a ploy to frustrate creditors. 

It must represent a sincere effort on the part of the debtor to advance the 

goals and purposes of chapter 13.”

Chaney at 694.

Argument

14. In the case sub judice there is a presumption that the instant case was 

filed “not in good faith” as to all creditors. Therefore, Debtor must prove by clear and 

convincing evidence that the instant case was filed in good faith.

15. In the instant case, the Debtor has acted in good faith, and Debtor 

requests that the Court grant an extension of the automatic stay as to all creditors, as to 

Debtor and Debtor’s property, and as to the property of the estate for the duration of the 

instant case. In support thereof, Debtor submits an Affidavit, which is attached hereto as 

Exhibit “1” and incorporated herein by this reference. 

16. Applying the Neufeld factors to Debtor’s circumstances and to this case 

leads to the following conclusions:

a. Percentage of proposed repayment - The Plan proposes to pay a 

dividend of 3% to non-priority unsecured creditors. Such creditors would receive a 

dividend of 0% if Debtor were to file a Chapter 7 bankruptcy case. Application of this 

factor favors a finding of good faith. 

b. Debtor’s financial situation – Debtor has income from employment 

as an operator at Stat Call and from social security. A significant positive change in the 

Debtor’s financial circumstances has also taken place since the dismissal of the 

previous case. Specifically, she had become ill and lost time from work and incurred 

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medical bills. Her health has recovered and she is back to working full time. 

Additionally, Debtor’s income is likely to remain consistent throughout this case. 

Debtor’s financial situation does not allow for the maintenance of unnecessary 

expenses for luxury items but allows for the maintenance of an average standard of 

living for Debtor’s household and the successful completion of the terms of the Chapter 

13 Plan. Application of this factor favors a finding of good faith. 

c. Period of time payment will be made - The period of time in which 

payments will be made is reasonable and is based upon the Debtor’s best efforts. 

Application of this factor favors a finding of good faith.

d. Debtor’s employment history and prospects – The Debtor has 

worked as an operator at Stat Call since June of 2014. Application of this factor favors 

a finding of good faith.

e. Nature and amount of unsecured claims - Debtor’s non-priority 

unsecured debts are estimated to be approximately $15,145. Debtor has not incurred 

any unsecured debt for luxury goods or services or any unsecured debt due to revolving 

credit accounts or pay day loans within the 90 days prior to filing the instant case. 

Application of this factor favors a finding of good faith. 

f. Debtor’s past bankruptcy filings - The instant Motion is required due 

to the fact that Debtor was a debtor in a previous case that was dismissed within one (1) 

year of the Filing Date hereof. The Affidavit attached hereto as Exhibit “1” describes fully 

the reasons that the previous case was dismissed. Debtor incorporates such 

explanation herein by this reference. Debtor’s hardships do not indicate an abuse of the 

bankruptcy system; rather, they indicate an honest but thus far unsuccessful attempt to 

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financially reorganize. Application of this factor favors a finding of good faith. 

g. Debtor’s honesty in representing facts – Debtor has fully disclosed 

all assets, liabilities, and pertinent information regarding personal and financial affairs

and is prepared to cooperate fully with the Chapter 13 Trustee. Application of this factor 

favors a finding of good faith. 

h. Any unusual or exceptional problems facing the particular debtor –

There are no unusual or exceptional problems facing Debtor. Application of this factor 

favors a finding of good faith. 

17. Debtor asserts that the instant case does not “violate the spirit of the 

Bankruptcy Code” and it is not “a ploy to frustrate creditors”; rather, it represents “a 

sincere effort on the part of the debtor to advance the goals and purposes of chapter 

13”. See Chaney at 694. In support hereof, Debtor asserts the following additional 

arguments:

a. The timing of the petition – Between the dismissal of the previous 

case and the instant case, Debtor did not act in a manner so as to purposely delay 

payment of debts and did not delay in filing the instant case so as to intentionally 

frustrate creditors. Debtor’s actions in this regard indicate an intent to use the 

bankruptcy system to resolve debts in an appropriate manner. Application of this factor 

favors a finding of good faith. 

b. How the debt(s) arose – The debts in this case arose primarily over 

a period of time extending back several years. The debts were not the result of misuse 

of credit or luxury spending; rather, they arose as a result of ordinary living expenses 

that Debtor became unable to repay. Application of this factor favors a finding of good 

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faith. 

c. The debtor’s motive in filing the petition – Debtor’s motive in filing 

this case is to apply best efforts to repay creditors and receive a fresh start through 

bankruptcy. Application of this factor favors a finding of good faith. 

d. How the debtor’s actions affected creditors – The Plan provisions 

and treatment of creditors are generally described in paragraph 7, supra. This factor will 

rarely favor a debtor, because “[f]iling for bankruptcy relief will almost always prejudice 

one's creditors.” Galanis, 334 B.R. at 696.

e. Changes in circumstance and ability to complete this case – The 

Affidavit attached hereto as Exhibit “1” describes fully the Debtor’s changes in 

circumstances and explain both the legitimate bases for the filing of this case as well as 

the Debtor’s ability to complete this case. Debtor incorporates such explanations herein 

by this reference. Application of this factor favors a finding of good faith. 

WHEREFORE, for the foregoing reasons, JULIA ANN WENDLAND respectfully 

requests this Honorable Court to enter an Order extending the automatic stay as to all 

creditors, as to Debtor and Debtor’s property, and as to the property of the estate for the 

duration of the instant case, and for such other and further relief as to the Court shall be 

deemed appropriate.

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JULIA ANN WENDLAND

By Counsel:

/s/ Barry W. Spear

Barry W. Spear (VSB# 39152)

Boleman Law Firm, P.C.

Convergence Center III

272 Bendix Road, Suite 330

Virginia Beach, Virginia 23452

Telephone (757) 313-3000

Counsel for Debtor

CERTIFICATE OF SERVICE

I certify that on November 26, 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(s), Chapter 13 trustee, the United States trustee if other than by the electronic 

means provided for at Local Bankruptcy Rule 2002-1, and to all creditors and parties in 

interest of the mailing matrix attached hereto.

/s/ Barry W. Spear

Counsel for Debtor

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Advance Financial 24/7

c/o Shiva Finance, LLC

100 Oceanside Drive

Nashville, TN 37204

AIS Portfolio Services, LP

4515 N Santa Fe Ave Dept APS

Oklahoma City, OK 73118

Bank of America

100 N. Tryon Street

Charlotte, NC 28255

Capital One Auto Finance

PO Box 201347

Arlington, TX 76006

CashNetUSA

175 W. Jackson Blvd

Suite 1000

Chicago, IL 60604

Check Into Cash

712 Jefferson Ave Ste C300

Newport News, VA 23606

Credit Control Corporation

P.O. Box 120568

Newport News, VA 23612-0568

Elizabeth River Tunnels

Bankruptcy Department

152 Tunnel Facility Drive

Portsmouth, VA 23707

First Virginia Financial Svcs

696 J Clyde Morris Blvd.

Newport News, VA 23601

Hampton Roads Radiology

P.O. Box 844555

Boston, MA 02284-4555

Hunter Warfield, Inc.

4620 Woodland Corporate Blvd.

Tampa, FL 33614

Jefferson Capital Systems LLC

P.O. Box 7999

Saint Cloud, MN 56302

Langley Cove Apartments

1711 N. King Street

Hampton, VA 23669

Linebarger Goggan Blair & Samp

4828 Loop Central Drive

Suite 600

Houston, TX 77081

Mary Immaculate Hospital

2 Bernardine Drive

Newport News, VA 23602

Med Express

P.O. Box 5508

Virginia Beach, VA 23471

National Credit Adjusters

P.O. Box 3023

327 W. 4th St.

Hutchinson, KS 67504-3023

NCL Group dba Net Cash Lender

2726 Mission Rancheria Road

Lakeport, CA 95453

NetCredit

175 W. Jackson Blvd.

Suite 1000

Chicago, IL 60604

Orthopaedic & Spine Center

250 Nat Turner Blvd.

Newport News, VA 23606

Peninsula Radiological Assoc.

P.O. Box 12087

Newport News, VA 23612

Penn Power

1910 W. Market Street

Akron, OH 44313

Riverside Emergency Phys

P O Box 1929

Kilmarnock, VA 22482

Riverside Medical Group

856 J. Clyde Morris Blvd.

Newport News, VA 23601

Riverside Regional

P.O. Box 6008

Newport News, VA 23606

Speedy Cash

Attn: Bankruptcy

3611 North Ridge Rd

Wichita, KS 67205

Tidewater Diagnostic Imaging

P.O. Box 12127

Newport News, VA 23612

Treasurer, City Newport News

2400 Washington Avenue

Newport News, VA 23607

VDOT c/o

Profressional Acct Mngmt

P.O.Box 785

Milwaukee, WI 53201

Verizon Wireless

500 Technology Drive

Suite 550

Saint Charles, MO 63304

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IN THE UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Newport News Division

In re: Julia Ann Wendland 

EXHIBIT “1” TO MOTION TO CONTINUE STAY AND 

MEMORANDUM IN SUPPORT THEREOF

AFFIDAVIT OF Julia Ann Wendland

BEFORE ME, the undersigned authority, personally appeared Julia Ann 

Wendland, known to me, and upon her oath stated as follows:

1. My name is Julia Ann Wendland. I am above the age of 18 years, and 

competent to make this affidavit. I have personal knowledge of the facts set forth in this 

affidavit.

2. I reside at 11712 Jefferson Ave., C-300, Newport News, VA 23606.

3. I have income from my employment with Stat Call. My income is stable, 

and I do not expect it to change in the future.

4. I am the debtor in the present bankruptcy case.

5. During the one (1) year prior to filing the present case, I have been debtor 

in one (1) pending bankruptcy case that was dismissed.

6. The previous case was a Chapter 13 bankruptcy case filed on February 8,

2019, and dismissed on November 20, 2019 (Case No. 19-50166) (the “previous 

case”). 

7. The previous case was dismissed because of non-payment to the Chapter 

13 Trustee. I became ill and lost time from work and incurred medical bills that put me 

behind. When I was able to return to work my hours had been reduced which put me 

so far behind I was unable to catch up after I returned to work full-time. 

8. Since the dismissal of the previous case, I have experienced a significant 

positive change in my financial circumstances in that my health has been restored and I 

am working full time.

9. I believe that these changes in circumstances will enable me to 

successfully complete this bankruptcy case.

10. I have listed all of my assets and all of my debt and have fully and 

accurately disclosed all of my income and expenses in the Schedules in this case.

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11. I will propose the following treatment of my creditors in my Chapter 13 

Plan: Pay Capital One Auto Finance for my 2017 Nissan Versa and Pay the City of 

Newport News for my taxes.

12. I am proposing to pay the Trustee all projected disposable income, 

$500.00 per month, for a period of 60 months.

13. After the dismissal of my previous case, I acted as fast as I reasonably

could to retain a bankruptcy attorney to file this case for me because I want to use the 

bankruptcy system to resolve my debts.

14. My debts arose as a result of ordinary living expenses. The credit card 

debt I have has accumulated over several years and is not the result of any purchases 

of luxury goods or services. I have also not incurred any unsecured debt due to 

revolving credit accounts or pay day loans within the 90 days prior to filing the instant 

case. 

15. I desire to use the bankruptcy system to obtain a fresh start and have not 

been attempting to evade my responsibilities or delay my creditors’ attempts to collect. 

In addition to repaying my creditors what I can afford and obtain a discharge of my 

indebtedness, the purpose of my bankruptcy filing is to retain my vehicle.

16. My income is consistent and likely to remain so during my case. My 

household expenses are not likely to change substantially. I believe I will be able to 

make my payments to the Trustee and meet my other obligations as they come due 

throughout this case.

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WITNESS the following signature and seal this 22nd day of November, 2019

/s/ Julia Ann Wendland (seal)

Julia Ann Wendland

CERTIFICATE OF ACKNOWLEDGMENT:

Commonwealth of Virginia

City of Hampton to wit:

The foregoing instrument was acknowledged before me this 22nd day of 

November, 2019 by Julia Ann Wendland.

My Commission Expires: December 31, 2022 /s/ Tameka Tierra Holmes

Notary Public

7582280

Notary Registration Number

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