UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VERGINIA 

RICHMOND DIVISION 

In re: Michael Robert Dickinson Case No.: 18-34024-KRH

3717 Patterson Avenue

Richmond, VA 23221

SSN # xxx-xx-4844

Debtor Chapter 13 

NOTICE OF MOTION FOR AUTHORITY TO INCUR DEBT

The above named Debtor has filed a Motion for Authority to Incur Debt in this bankruptcy case.

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

with your attorney, if you have one.

Pursuant to Local Bankruptcy Rules 9013-1. Unless a written response is filed with the 

Clerk of Court and served on the moving parties within twenty-one (21) days of this notice, 

objecting to the relief requested, the Court may deem any opposition waived, treat the Motion as 

conceded and issue an order granting the requested relief.

If you mail your response to the court for filing, you must mail it to the address listed 

immediately below and early enough so that the Court will receive it within the time period 

stated above.

Clerk of Court

United States Bankruptcy Court

701 E. Broad Street, Suite 4000

Richmond, VA 23219-3515

You must also mail a copy to:

Stuart Law Firm, LLC

8002 Discovery Drive, Suite 422

Henrico, VA 23229

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.

Sharon C. Stuart, Esquire

Stuart Law Firm, LLC

8002 Discovery Drive, Suite 422

Henrico, VA 23229

(804) 221-2162 office

(804) 381-5026 facsimile 

Virginia State Bar No. 45026

Case 18-34024-KRH Doc 108 Filed 05/04/23 Entered 05/04/23 08:54:03 Desc Main

Document Page 1 of 6
Dated: May 4, 2023

STUART LAW FIRM, LLC

Counsel for Debtor

By: /s/ Sharon C. Stuart 

Sharon Choi Stuart, Esquire (VSB #45026)

Stuart Law Firm, LLC

8002 Discovery Drive, Suite 422

Henrico, VA 23229

(804) 221-2162 office telephone

(804) 381-5026 facsimile

CERTIFICATE OF SERVICE

I certify that on May 4, 2023, 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 electronic means provided for at Local Bankruptcy Rule 

2002-1, and to all creditors and parties in interest on the mailing matrix attached hereto.

/s/ Sharon Choi Stuart

Counsel for Debtor

Case 18-34024-KRH Doc 108 Filed 05/04/23 Entered 05/04/23 08:54:03 Desc Main

Document Page 2 of 6
UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VERGINIA 

RICHMOND DIVISION 

In re: Michael Robert Dickinson Case No.: 18-34024-KRH

 3717 Patterson Avenue

Richmond, VA 23221 

 SSN # xxx-xx-4844 

Debtor Chapter 13 

MOTION FOR AUTHORITY TO INCUR PARTIAL CLAIM

Comes Now, the Debtor, Michael Robert Dickinson, by counsel, Sharon C. Stuart to file this 

Motion for Authority to Incur Debt Secured by Personal Property under 11 U.S.C. §§ 364(a) and 

1304 (b), Federal Rules of Bankruptcy Procedure 4001(c) and 9014, and Local Bankruptcy Rules 

9013-1. The Debtor states the following in support of his Motion for Authority to Incur: 

Jurisdiction

1. This Court has exclusive jurisdiction over this matter under 28 U.S.C. §1334. 

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

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

Facts 

4. On August 8, 2018, Michael Robert Dickinson (the “Debtor”) commenced this case by 

filing a voluntary petition under Chapter 13 of the U.S. Bankruptcy Code in the United 

States Bankruptcy Court for the Eastern District of Virginia, Richmond Division under 

11 U.S.C. §101 et seq. 

Sharon C. Stuart, Esquire

Stuart Law Firm, LLC

8002 Discovery Drive, Suite 422

Henrico, VA 23229 

(804) 221-2162 office

(804) 381-5026 facsimile 

Virginia State Bar No. 45026

Case 18-34024-KRH Doc 108 Filed 05/04/23 Entered 05/04/23 08:54:03 Desc Main

Document Page 3 of 6
5. The Property is encumbered by a first deed of trust lien, which secures the payment 

of a promissory note to PennyMac Loan Services, LLC (the “Mortgage Lender”). 

6. The Debtor has obtained an offer from PennyMac Loan Services (“PennyMac”) to 

process a Partial Claim with the Department of Housing and Urban Development 

(“Partial Claim”). 

7. The Mortgage Lender PennyMac Loan Services, LLC has tendered a document to 

Debtor detailing the terms of partial claim (“Partial Claim”). Such document is 

attached to this motion as Exhibit A and incorporated herein by this reference. 

8. The partial claim allows a secondary lien in the amount of $18,037.38 (“HUD Partial 

Claim Amount”) to be placed against the debtor’s residence located at 3717 Patterson 

Avenue, Richmond, Virginia 23221, more fully described below as: 

9. The Partial Claim is a second lien against debtor’s home to secure payments debtor 

missed.

10. The Partial Claim utilizes a Subordinate Note and Security Instrument to capitalize past 

due interest, fees, or costs that was outstanding on debtor’s mortgage loan. 

Case 18-34024-KRH Doc 108 Filed 05/04/23 Entered 05/04/23 08:54:03 Desc Main

Document Page 4 of 6
11. The manner of payment of the HUD Partial Claim amount of $18,037.38 shall be due 

when any of the following occurs first:

a. November 1, 2042, the maturity date of the primary loan guaranteed under 

Section 184A program;

b. Borrower’s full repayment of all amounts due under the primary Note and related 

mortgage, deed of trust or similar security instrument insured by the Secretary;

c. The primary Note and related mortgage, deed of trust, or similar security 

instrument are no longer insured by the Secretary; or

d. When the property is no longer occupied by the Borrower.

12. Debtor has the right to pay the HUD Partial Claim amount, in whole or in part, without 

charge or penalty. 

13. The Debtor asserts that this debt will not adversely impact his ability to make payments 

under the Plan.

Case 18-34024-KRH Doc 108 Filed 05/04/23 Entered 05/04/23 08:54:03 Desc Main

Document Page 5 of 6
WHEREFORE, the Debtor prays that this Court enter an Order permitting the Debtor to incur 

the Partial Claim as set forth herein, and for any other relief that the Court deems proper. 

Respectfully submitted, 

Michael Robert Dickinson 

By: /s/ Sharon C. Stuart 

Debtor’s Counsel 

Sharon C. Stuart, Esquire 

Stuart Law Firm, LLC

8002 Discovery Drive, Suite 422 

Richmond, VA 23229 

(804) 221-2162 office 

(804) 381-5026 facsimile 

Virginia State Bar No. 45026 

CERTIFICATE OF SERVICE

I certify that on May 4, 2023, 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 electronic means provided for at Local Bankruptcy Rule 

2002-1, and to all creditors and parties in interest on the mailing matrix attached hereto.

 

 /s/ Sharon Choi Stuart 

 Counsel for Debtor 

Case 18-34024-KRH Doc 108 Filed 05/04/23 Entered 05/04/23 08:54:03 Desc Main

Document Page 6 of 6