B420A (Official Form 420A) (Notice of Motion or Objection) (12/16) EDVA (12/16) 

UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA 

__________________ Division 

In re: ) 

 ) 

[Set forth here all names including married, maiden, and) 

trade names used by debtor within last 8 years.] ) Case No. _______________ 

 ) 

 Debtor ) Chapter _______________ 

 ) 

Address _______________________________________ ) 

 _______________________________________ ) 

 ) 

Last four digits of Social Security or Individual Tax-payer ) 

Identification (ITIN) No(s).,(if any): __________________ ) 

 ) 

Employer's Tax Identification (EIN) No(s).(if any): ) 

_______________________________________________ ) 

NOTICE OF MOTION (OR OBJECTION) 

________________________________ has filed papers with the court to __________________ 

_____________________________________________________________________________. 

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 the relief sought in the motion (or objection), or if 

you want the court to consider your views on the motion (or objection), then on or before 

_________________________, you or your attorney must: 

 File with the court, at the address shown below, a written request for a hearing 

 [or a written response pursuant to Local Bankruptcy Rule 9013-1(H)]. If you mail 

 your request for hearing (or response) to the court for filing, you must mail it 

early enough so the court will receive it on or before the date stated above. 

 Clerk of Court 

 United States Bankruptcy Court 

 ___________________________________ 

 ___________________________________ 

 

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You must also send a copy to: 

Attend a hearing to be scheduled at a later date. You will receive separate notice 

of hearing. If no timely response has been filed opposing the relief requested, 

the court may grant the relief without holding a hearing

Attend the hearing on the motion (or objection) scheduled to be held on 

_________________________________ at _________ ____m. at United States 

Bankruptcy Court, __________________________________________________ 

_________________________________________________________________. 

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 or objection and may enter an order granting that relief. 

Date: ____________________ Signature, name, address and telephone number 

of person giving notice: 

 ___________________________________ 

 ___________________________________ 

 ___________________________________ 

 ___________________________________ 

Virginia State Bar No. ________________ 

 Counsel for _________________________ 

Certificate of Service 

I hereby certify that I have this _______ day of __________________, 20 ___, mailed or 

provided via ECF a true copy of the foregoing Notice of Motion to the parties listed on the 

attached Application to Employ.

 _____________________________________ 

XXXXXXX

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Thomas B. Dickenson, Trustee –VSB#26744

1170 Lexan Avenue, Suite 203

Norfolk, VA 23508

(757) 489-1300

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

NORFOLK DIVISION

In re: JENNIFER ANN MADIGAN Case No. 19-72892-FJS

Debtors Chapter 7

TRUSTEE’S APPLICATION TO EMPLOY REAL ESTATE AGENT

Thomas B. Dickenson, Trustee (“Trustee”) moves pursuant to 11 U.S.C. § 327(a) for the 

following relief:

Jurisdictional Statement

1. On 8/1/2019, JENNIFER ANN MADIGAN filed for relief under Chapter 7 of the 

Bankruptcy Code.

2. The Trustee was appointed as trustee in this case and continues to serve in that 

capacity.

3. This proceeding arises under Title 11, United States Code. This Court has original 

jurisdiction thereof pursuant to 28 U.S.C. § 1334(b) and 157(a).

4. This a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A).

Statements of Fact

6. The Trustee proposes to liquidate real property (“the Property”) which was owned 

by the debtor at the time of the filing of the bankruptcy petition and which is an asset of the estate.

7. The property is known as 1188 Eagle Way, Virginia Beach, VA 23456 and upon 

information and belief is owned by the debtor alone. Her stated intention is to surrender the 

property.

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8. The Trustee has concluded that the best method for procuring buyers for the 

Property is to engage a real estate agent.

9. The Trustee desires that Julia Shea of Chandler Realty (“Agent”) be engaged as real 

estate agent to market the Property.

10. Any bid procured by Agent will be submitted to the Court for approval pursuant to 

11 U.S.C. § 363(f) since there may liens on the Property which must be removed, and a prospective 

purchaser will require an order of this Court approving such sale.

11. The Listing Agreement provides for compensation to Agent a rate of six percent 

(6%) of the final sales price. The Trustee acknowledges that this Court’s approval of any 

compensation to Agent is a necessary prerequisite to payment thereof.

12. An affidavit of Julia Shea of Chandler Realty is attached hereto and incorporated 

herein by reference.

13. The Trustee selected the Agent as the listing agent because she is experienced in 

selling real estate in this area. Julia Shea has been a full-time practicing Realtor in Hampton Roads 

for 16 years. She has been a “Circle of Excellence” award winner since 2004 and a Platinum Award 

winner every year since 2011. She had gross sales of $30,000,000.00 in 2018.

14. Neither the Agent nor her firm hold or represent an interest adverse to the estate and 

are disinterested persons as required by 11 U.S.C. §327.

15. Upon information and belief (based upon the debtor’s schedule D) Branch Banking 

& Trust Company may have a first lien deed of trust against the property in the approximate amount 

of $168,401.43.

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16. Upon information and belief (based upon the debtor’s schedule D) BB&T Home 

Mortgage may have a second lien deed of trust against the property in the approximate amount of 

$52,237.66.

17. A preliminary market analysis of the property shows a market value of 

approximately $315,000.00.

Relief Requested

WHEREFORE, the Trustee prays that he be authorized to employ Julia Shea of Chandler 

Realty under the terms set forth in this motion, and for such other and further relief as this Court 

may deem equitable and proper.

/s/ Thomas B. Dickenson

Thomas B. Dickenson, Trustee

CERTIFICATE OF SERVICE

I certify that a true copy of the foregoing Trustee’s Application to Employ Real Estate 

Broker was sent by first class, postage paid mail or electronically via ECF or email as indicated on

October 15, 2019 to:

Office of the U.S. Trustee*

Room 625, Federal Building

200 Granby Street

Norfolk, VA 23510

Julia Shea*

Chandler Realty

701 W. 21st Street

Norfolk, VA 23517

JENNIFER ANN MADIGAN

1188 Eagle Way

Virginia Beach, VA 23456

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Michael J. Heath, Esq.*

575 Lynnhaven Parkway, Suite 180

Virginia Beach, VA 23452

BB&T Home Mortgage

PO Box 580048

Charlotte, NC 28258

Branch Banking & Trust Company

PO Box 1290

Whiteville, NC 28472

/s/ Thomas B. Dickenson

Thomas B. Dickenson, Trustee

[* Indicates service by ECF or e-mail. All others served by First Class U.S. Mail, postage prepaid.]

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