UNITED STATES BANKRUPTCY COURT 

FOR THE 

EASTERN DISTRICT OF VIRGINIA

Alexandria Division

In the Matter of:

Chapter 13

HELEN T. MCINTOSH

Case No. 18-13079-KHK

Debtor

MOTION TO DISMISS,

NOTICE OF MOTION TO DISMISS

AND

NOTICE OF SCHEDULED HEARING ON THIS MOTION

Thomas P. Gorman, Chapter 13 Trustee, has filed this motion to dismiss your Chapter 

13 case. The cause for this motion is as follows:

Violation of 11 U.S.C. §109(e) – Exceeds Statutory Debt Limit. Debtor is 

over the secured debt limit of $1,184,200.00 under 11 U.S.C. §109(e).

Violation of 11 U.S.C. §1307(e) & §1308(a) – Failure to File Tax Returns at 

Time of 341. According to filed Internal Revenue Service Proof of Claim 

(Claim #1), Debtor has not filed 2017 tax returns.

Violation of Bankruptcy Rule 4002(b)(1) and 11 U.S.C. §521(a)(3) – Failure 

to cooperate with the Office of the Chapter 13 Trustee. Failure of the Debtor to 

produce verification of her Social Security number at her October 23, 2018 

Section 341 Meeting of Creditors.

Violation of 11 U.S.C. §1307(c)(4) – Failure to Commence making Plan 

Payments.

• Debtor has not yet made her first Plan payment. 

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 wish the court to grant the relief sought in the motion, or if you 

want the court to consider your views on the motion, then on or before five business 

days prior to the hearing date, you or your attorney must:

Case 18-13079-KHK Doc 13 Filed 11/02/18 Entered 11/02/18 14:01:23 Desc Main

 Document Page 1 of 3
Notice and Motion to Dismiss

Helen T. McIntosh, Case #18-13079-KHK 

File with the court a written response with supporting memorandum as required 

by Local Bankruptcy Rule 9013-1(H). Unless a written response and 

supporting memorandum are filed and served by the date specified, the Court 

may deem any opposition waived, treat the motion as conceded, and issue an 

order granting the requested relief without further notice or hearing. If you mail 

your response to the court for filing, you must mail it early enough so the court 

will receive it on or before five business days prior to the scheduled hearing. 

You must mail a copy to the persons listed below.

Attend the hearing to be held on November 29, 2018 at 9:30 a.m., in Courtroom III 

on the 3rd floor, United States Bankruptcy Court, 200 South Washington Street, 

Alexandria, VA 22314. If no timely response has been filed opposing the relief 

requested, the court may grant the relief without holding a hearing.

A copy of any written response must be mailed to the following persons:

Thomas P. Gorman

300 North Washington Street, Ste.400

Alexandria, VA 22314

Clerk of the Court

United States Bankruptcy Court

200 South Washington Street

Alexandria, VA 22314

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

oppose the relief sought in the motion and may enter an order granting that relief.

Date: _November 2, 2018_____ __/s/ Thomas P. Gorman______

Thomas P. Gorman

Chapter 13 Trustee

300 N. Washington Street, #400

Alexandria, VA 22314

(703) 836-2226

VSB 26421

Case 18-13079-KHK Doc 13 Filed 11/02/18 Entered 11/02/18 14:01:23 Desc Main

 Document Page 2 of 3
Notice and Motion to Dismiss

Helen T. McIntosh, Case #18-13079-KHK 

CERTIFICATE OF SERVICE

I hereby certify that I have this 2

nd day of November, 2018, served via ECF to 

authorized users or mailed a true copy of the foregoing Motion to Dismiss, Notice of 

Motion and Notice of Hearing to the following parties.

Helen T. McIntosh

Chapter 13 Debtor

4915 Virginia St.

Alexandria, VA 22312 

Tommy Andrews, Jr., Esq.

Attorney for Debtor

122 N. Alfred St.

Alexandria, VA 22314 

__/s/ Thomas P. Gorman______

Thomas P. Gorman

Case 18-13079-KHK Doc 13 Filed 11/02/18 Entered 11/02/18 14:01:23 Desc Main

 Document Page 3 of 3