James E. Kane (VSB #30081) 

KANE & PAPA, P.C. 

1313 East Cary Street 

Richmond, VA 23219 

(804) 225-9500 (phone) 

(804) 225-9598 (fax) 

Counsel for Debtor

IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

Richmond Division 

 

IN RE: ) 

 ) 

JULIA MARLENA MOSBY-ORTIZ ) Case No. 19-34322-KLP 

 ) Chapter 13 

 Debtor ) 

MOTION TO EXPEDITE HEARING ON MOTION FOR 

PROPOSED SALE OF REAL AND TO SHORTEN NOTICE PERIOD 

 COME NOW the Debtor, by counsel, and moves this Court to Expedite the Hearing on the 

Motion for Proposed Sale of Real Estate and to Shorten Notice Period, and in support thereof states 

as follows: 

 1. The Debtor filed this case under Chapter 13 of the U.S. Bankruptcy Code on 

August 20, 2019. 

 2. Nations Lending Corporations, an Ohio Corporation (“Nations”) is a secured 

creditor which holds a first mortgage on the property known as 3310 Utah Place, Richmond, 

Virginia, 23222, more particularly known as 

ALL THAT CERTAIN LOT, PIECE, OR PARCEL OF LAND, 

TOGETHER WITH IMPROVEMENTS THEREON AND 

APPURTENANCES THERETO BELONGING, LYING AND BEING IN 

THE CITY OF RICHMOND, VIRGINIA, KNOWN AS 3310 UTAH 

PLACE, AS MORE PARTICULARLY SHOWN AS PLAY OF SURVEY 

PREPARED VT ASSOCIATED ENGINEERS & SURVEYORS, LTD., 

DATED MARCH 18, 1981, ENTITLED “PLAT OF 3310 UTAH PLACE 

IN THE CITY OF RICHMOND, VIRGINIA”, A COPY OF WHICH IS 

ATTACHED. 

(the “Property”). 

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3. The approximate payoff balance on the note secured by said mortgage is 

$170,088.20. The assessed value of the Property is $143,000.00. 

 4. Debtor has entered into a contract (“Contract”) for a “short-sale” of the sale of the 

Property for $133,524.00, which, upon closing of the same, will result in Nations releasing its 

deed of trust against the Property. 

5. On October 30, 2020, or as soon thereafter as may be practicable, Debtor intends 

to sell her interest in the Property in accordance with the terms of the contract. 

6. No proceeds from the sale will be distributed to the Debtor. 

WHEREFORE, the Debtor respectfully requests that the Court expedite the hearing on 

the Motion for Proposed Sale of Real Estate, Shorten the Notice Period required for said Motion, 

and grant such other and further relief as is just and proper. 

Dated: December 16, 2020 JULIA MARLENA MOSBY-ORTIZ 

 By: /s/ James E. Kane 

 Counsel 

James E. Kane (VSB #30081) 

KANE & PAPA, P.C. 

1313 East Cary Street 

Richmond, VA 23219 

(804) 225-9500 (phone) 

(804) 225-9598 (fax) 

Counsel for Debtor 

 

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CERTIFICATION

 I, James E. Kane, pursuant to Local Rule 9013-1(N), do hereby certify that: 

 

 1. I have carefully examined the matter and concluded that there is a true need for 

an emergency hearing, 

 2. I have not created the emergency through any lack of due diligence. 

 3. I have made a bona fide effort to resolve the matter without hearing. 

By: /s/ James E. Kane__________ 

 James E. Kane 

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CERTIFICATE OF SERVICE 

I hereby certify that on December 16, 2020, I will electronically file the foregoing with 

the Clerk of Court using the CM/ECF system, which will then send a notification of such filing 

(NEF) to all parties registered to receive notice thereof and will mail the same by first class mail, 

postage pre-paid, to the parties on the attached list. 

/s/ James E. Kane 

Counsel for Debtor 

Case 19-34322-KLP Doc 22 Filed 12/16/20 Entered 12/16/20 18:05:28 Desc Main

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IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

Richmond Division 

 

IN RE: ) 

 ) 

JULIA MARLENA MOSBY-ORTIZ ) Case No. 19-34322-KLP 

 ) Chapter 13 

 Debtor ) 

NOTICE OF MOTION AND HEARING 

 The above Debtor has filed papers with the Court to request an order to Expedite the 

hearing and to Shorten the Notice Period with respect the Motion for Proposed Sale of Real 

Estate. 

 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 if you want the 

court to consider your views on the motion, then, you or your attorney must: 

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

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

request for a 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, to: 

Clerk of Court 

United States Bankruptcy Court 

701 East Broad Street 

Richmond, VA 23219 

You must also mail a copy to: 

James E. Kane, Esquire 

KANE & PAPA, P.C. 

1313 East Cary Street 

Richmond, Virginia 23219 

 Attend a hearing scheduled for December 22, 2020 at 10:00 a.m. at U.S. 

Bankruptcy Court, 701 East Broad Street, Room 5100, Richmond, VA 

23219. If no timely response has been filed opposing the relief requested, the 

court may grant the relief without holding a hearing. 

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 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. 

Dated: December 16, 2020 JULIA MARLENA MOSBY-ORTIZ 

 By: /s/ James E. Kane 

 Counsel 

James E. Kane (VSB #30081) 

KANE & PAPA, P.C. 

1313 East Cary Street 

Richmond, VA 23219 

(804) 225-9500 (phone) 

(804) 225-9598 (fax) 

Counsel for Debtor 

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CERTIFICATE OF SERVICE 

I hereby certify that on December 16, 2020, I will electronically file the foregoing with 

the Clerk of Court using the CM/ECF system, which will then send a notification of such filing 

(NEF) to all parties registered to receive notice thereof and will mail the same by first class mail, 

postage pre-paid, to the parties on the attached list. 

/s/ James E. Kane 

Counsel for Debtor 

Case 19-34322-KLP Doc 22 Filed 12/16/20 Entered 12/16/20 18:05:28 Desc Main

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 Label Matrix for local noticing Nations Lending Corporation, an Ohio Corpora United States Bankruptcy Court 

 0422-3 LoanCare, LLC 701 East Broad Street 

 Case 19-34322-KLP 3637 Sentara Way Richmond, VA 23219-1888 

 Eastern District of Virginia Virginia Beach, VA 23452-4262 

 Richmond 

 Wed Dec 16 13:08:06 EST 2020 

 Brock and Scott, PLLC Loan Care Servicing LoanCare, LLC 

 1315 Westbrrok Plaza Drive Attn: Consumer Solutions Dept 3637 Sentara Way 

 Winston Salem, NC 27103-1357 Po Box 8068 Virginia Beach, Virginia 23452-4262 

 Virginia Beach, VA 23450-8068 

 

 NPRTO South-East, LLC Verizon Verizon 

 256 W. Data Drive Verizon Wireless Bk Admin by American InfoSource as agent 

 Draper, Utah 84020-2315 500 Technology Dr Ste 550 4515 N Santa Fe Ave 

 Weldon Springs, MO 63304-2225 Oklahoma City, OK 73118-7901 

 Carl M. Bates James E. Kane John P. Fitzgerald, III 

 341 Dial 866-813-0912 Code: 8576180 Kane & Papa, PC Office of the US Trustee - Region 4 -R 

 P. O. Box 1819 1313 East Cary Street 701 E. Broad Street, Ste. 4304 

 Richmond, VA 23218-1819 P.O. Box 508 Richmond, VA 23219-1849 

 Richmond, VA 23218-0508 

 

 Julia Marlena Mosby-Ortiz 

 5600 Charlevoix Court 

 Apt. 117 

 Richmond, VA 23224-1039 

 The following recipients may be/have been bypassed for notice due to an undeliverable (u) or duplicate (d) address. 

 (d)Nations Lending Corporation, an Ohio Corpo End of Label Matrix 

 Loancare, LLC Mailable recipients 12 

 3637 Sentara Way, Bypassed recipients 1 

 Virginia Beach, VA 23452-4262 Total 13 

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