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: ) 

 ) 

RUTH LOIS BRILEY ) Case No. 18-31108-KLP 

 ) Chapter 13 

 Debtor ) 

MOTION TO EXPEDITE HEARING ON MOTION 

TO SELL REAL ESTATE AND TO SHORTEN NOTICE PERIOD 

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

Motion to Sell 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 

March 06, 2018. 

 2. City of Richmond is a secured creditor which holds a tax lien on the property 

known as 816 Circlewood Dr., Richmond, VA 23224, more specifically known as 

Case 18-31108-KLP Doc 39 Filed 10/18/21 Entered 10/18/21 15:32:30 Desc Main

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(the “Property”). 

3. Although the Property has a tax assessed value of $128,000.00, it is in severe 

disrepair. The Property has been vacant for nearly 2 years and the utilities have been cut off 

since then. The roof is damaged and the Property has incurred serious water damage. 

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

$55,000.00, which, upon closing of the same, will result in City of Richmond releasing its tax 

lien against the Property of approximately $8,000.00. There is no mortgage on the Property. 

 5. The amount of the sale proceeds to be paid to the Chapter 13 Trustee is 

approximately $17,000.00, which will result in full payment of all allowed claims, including a 

one hundred percent (100%) dividend to unsecured creditors. 

6. On October 22, 2021, or as soon thereafter as may be practicable, Debtor intends 

to sell the Property in accordance with the terms of the Contract. 

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

the Motion to Sale of Real Estate, Shorten the Notice Period required for said Motion, and grant 

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

Dated: October 18, 2021 RUTH LOIS BRILEY 

 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 

CERTIFICATE OF SERVICE 

I hereby certify that on October 18, 2021, 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 

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IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

Richmond Division 

 

IN RE: ) 

 ) 

RUTH LOIS BRILEY ) Case No. 18-31108-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 to his Motion to Sell 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 October 20, 2021 at 10:00 a.m. at U.S. 

Bankruptcy Court, 701 East Broad Street, Room 5000, 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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 REMOTE HEARING INFORMATION: 

Due to the COVID−19 public health emergency, no in-person hearings are being 

held. 

This hearing will take place remotely through Zoom on the date and time scheduled 

herein. 

To appear at the hearing, you must send, by email, a completed request form (the 

“Zoom Request Form”), which is available on the Court's internet website at 

www.vaeb.courts.gov, on the page titled, “Temporary Emergency Provisions 

Regarding ZoomGov Remote Proceeding Access Information.” Email your 

completed Zoom Request Form to the email address listed for the Judge assigned to 

the case. Following receipt of your Zoom Request Form, Court staff will respond to 

the email address from which the request was submitted with additional information 

on how to participate through Zoom. 

***The email address shall be used only to submit Zoom Request Forms. No other 

matters or requests will be considered by Court staff, and under no circumstances will 

any such matters or requests be brought to the Judge’s attention. Failure to comply 

with these instructions may result in appropriate action, including but not limited to 

the imposition of sanctions. 

*** PLEASE NOTE: You MUST submit the Zoom Request Form no later than 

two (2) business days prior to this hearing. Any documentary evidence the 

parties wish to present at the hearing must be filed with the Court in advance of 

the hearing.

 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: October 18, 2021 RUTH LOIS BRILEY 

 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 October 18, 2021, 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 18-31108-KLP Doc 39 Filed 10/18/21 Entered 10/18/21 15:32:30 Desc Main

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Ballato Law Firm

3721 Westerre Parkway

Suite A

Henrico, VA 23233

City of Richmond

Office of Finance- delinq. tax

900 E. Broad St., Room 109

Richmond, VA 23219

City of Richmond

Real Estate

P.O. Box 85005

Richmond, VA 23285

Midland Funding

Attn: Bankruptcy

Po Box 939069

San Diego, CA 92193

Portfolio Recovery

Po Box 41067

Norfolk, VA 23541

Receivable Management Inc

7206 Hull Rd

Ste 211

Richmond, VA 23235

Regional Acceptance Co

10051 Midlothian Tpke

North Chesterfield, VA 23235

TACS

P O Box 31800

Henrico, VA 23294

Visa Dept Store National Bank/Macy's

Attn: Bankruptcy

Po Box 8053

Mason, OH 45040

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