UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Alexandria Division

In re: )

)

GERMAN SALAZAR, ) Case No. 12-13003-BFK

) Chapter 13

Debtor. )

_______________________________________ )

GERMAN SALAZAR, )

)

Plaintiff, )

v. ) Adversary Proceeding

) No. 18-01039-BFK

JP MORGAN CHASE BANK, NA dba CHASE )

HOME FINANCE, )

)

Defendant. )

ORDER DISMISSING ADVERSARY PROCEEDING

This is the second adversary proceeding filed by the Debtor in the above bankruptcy case 

to avoid, or strip off, a lien in favor of JPMorgan Chase Bank. The Court dismissed the first 

adversary proceeding after a show cause hearing on two grounds: first, the adversary proceeding 

was filed almost five years after entry of the Confirmation Order in the Debtor’s bankruptcy case

in violation of Paragraph 6 of the Confirmation Order. Adv. Pro. No. 17-01102-BFK, Docket No. 

20. Second, the Plaintiff (Debtor) failed to serve the summons and complaint within 90 days as 

required by Bankruptcy Rule 7004(a)(1) (incorporating Federal Rule of Civil Procedure 4(m)). 

Id.1

The failure to serve the summons and complaint in a timely way might be cured by the 

filing of a new adversary proceeding. The failure to file the complaint for almost five years after 

1 The Chapter 13 Trustee filed his Final Report and Account on October 6, 2017, indicating that his administration 

of the Chapter 13 case was at an end. Case No. 12-13003-BFK, Docket No. 60. The Debtor filed the first adversary 

proceeding eleven days later on October 17, 2017. Adv. Pro. No. 17-01102, Docket No. 1. 

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entry of the Confirmation Order can not be. When the Court dismissed the previous adversary 

proceeding without prejudice, it was without prejudice to the re-filing of a strip-off complaint in 

a later bankruptcy case, should the Debtor choose to file another case (assuming that the Debtor 

in a subsequent case can meet all of the requirements for confirmation of a plan, including that 

the case was filed in good faith). The “without prejudice” language in the Order dismissing the 

previous adversary proceeding was not an invitation to file a second adversary proceeding in this 

case. 

The Court found at the hearing on the Show Cause Order in the previous adversary 

proceeding that the Debtor had not shown excusable neglect for his failure to file the adversary 

proceeding for almost five years after the Confirmation Order was entered, in violation of 

paragraph 6 of the Confirmation Order. That problem cannot be cured with the filing a new 

adversary proceeding. 

It is, therefore ORDERED:

1. This adversary proceeding is dismissed without prejudice to a refiling in any subsequent 

bankruptcy case.

2. The Clerk will mail copies of this Order, or give electronic notice of its entry, to the 

parties listed below.

Date: _____________________ ___________________________________

Brian F. Kenney

Alexandria, Virginia United States Bankruptcy Judge

Apr 9 2018 /s/ Brian F. Kenney

Entered on Docket:4/10/2018 sas

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Copies to:

German Salazar

8665 Night Watch Ct. 

Bristow, VA 20136

Debtor

Alisa L. Correa 

4196 Merchant Plaza 

Suite 706

Woodbridge, VA 22192

Counsel for Debtor

JP Morgan Chas Bank, NA d/b/a 

Chase Home Finance

Reg. Agent: CT Corporation System 

1201 Peachtree Street NE

Atlanta, GA 30361

Defendant

Thomas P. Gorman 

Chapter 13 Trustee 

300 N. Washington St.

Suite 400

Alexandria, VA 22314

Defendant

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