4830-5484-6842.2

KUTAK ROCK LLP

Jeremy S. Williams (VSB No. 77469)

Brian H. Richardson (VSB No. 92477)

901 East Byrd Street, Suite 1000

Richmond, Virginia 23219-4071

Telephone: (804) 644-1700

Facsimile: (804) 783-6192

Jeremy.Williams@kutakrock.com

Brian.Richardson@kutakrock.com

Counsel for Peter J. Barrett, Trustee

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

)

In re: NUBIAN QUEEN HOOVER ) Case No. 18-32452 (KLP)

) Chapter 7

Debtor. )

)

)

PETER J. BARRETT, TRUSTEE, )

)

Movant, )

)

v. ) Contested Matter

)

TOMMY P. FARLEY, JR., )

Respondent. )

)

MOTION FOR CONTEMPT FOR VIOLATION OF THE AUTOMATIC STAY

Peter J. Barrett, Trustee for the Bankruptcy Estate of Nubian Queen Hoover (the 

“Trustee”), by counsel, moves the Court for entry of an order finding that Tommy P. Farley, Jr.,

(“Mr. Farley”) is in violation of the automatic stay pursuant to 11 U.S.C. § 362(k) (the 

“Motion”), and in support thereof, states:

BACKGROUND

1. On May 9, 2018, Nubian Queen Hoover (the “Debtor”) filed for relief under 

Chapter 13 of Title 11 of the United States Code (the “Bankruptcy Code”) in this Court.

Case 18-32452-KLP Doc 51 Filed 12/18/18 Entered 12/18/18 16:30:08 Desc Main

 Document Page 1 of 4
2

4830-5484-6842.2

2. On September 11, 2018, this case was converted to one under Chapter 7 of the 

Bankruptcy Code. 

3. The Trustee is the duly appointed Chapter 7 Trustee and continues to serve in that 

capacity.

4. This proceeding is a core proceeding pursuant to 28 U.S.C. § 157.

5. The Court has subject matter and personal jurisdiction over all parties in interest 

pursuant to 28 U.S.C. § 1334.

6. The Debtor’s bankruptcy estate is the current owner of a one-half interest in 

certain real property located at 335 McFayden Dr., Fayetteville, North Carolina (the “NC 

Property”).

7. The Debtor’s bankruptcy estate is also the current owner of a one-half interest in 

certain personal property in the form of a 2013 Nissan Titan, (the “Truck” and collectively with 

the NC Property, the “Property”).

8. The Trustee made Demand upon Mr. Farley for immediate payment for the value 

of the Debtor’s interests in the Property, together with other related documents. Upon 

information and belief, Mr. Farley, the Debtor’s estranged husband, currently has possession and 

is using and resides in the Property and has refused to vacate the Property. The Trustee is 

seeking to have Mr. Farley remit the demanded payment, vacate and surrender the Property 

immediately, or have this Court impose sanctions for violation of the automatic stay.

9. The ramifications of Mr. Farley’s actions have previously been conveyed to him. 

Despite such warnings, Mr. Farley refuses to respond to the Trustee’s demand.

Case 18-32452-KLP Doc 51 Filed 12/18/18 Entered 12/18/18 16:30:08 Desc Main

 Document Page 2 of 4
3

4830-5484-6842.2

VIOLATION OF THE AUTOMATIC STAY

10. The Property constitutes property of the estate pursuant to 11 U.S.C. § 541. 

Section 362(a)(3) prohibits any party from attempting to exercise control over property of the 

estate. The Trustee has made Demand and provided ample opportunity for Mr. Farley to 

respond. Despite such requests, Mr. Farley continues to exercise control over the Property and 

assert that he is the sole owner of the Property. Mr. Farley’s interest in the Property is subject to 

the one-half interest held by the bankruptcy estate. Mr. Farley’s interest does not grant him 

exclusive ownership and possession of the Property.

11. Mr. Farley’s failure to turn over control of the Property to the Trustee is an act to 

exercise possession or control of property of the estate in violation of the automatic stay. See 11 

U.S.C. § 362(a)(3). At this point, Mr. Farley’s violations of the automatic stay are willful. 

Accordingly, the Trustee is entitled to recover actual damages, including costs and attorneys’ 

fees. See U.S.C. § 362(k). In this case, the Trustee has incurred attorneys’ fees and seeks 

recovery of such fees in an amount to be established at the hearing on this matter.

12. To the extent Mr. Farley does not voluntarily remit the payment as demanded or 

vacate and surrender the Property, the Trustee will also incur fees in connection with arranging 

for the sale of the Property to a third party. The Trustee is entitled to recover from Mr. Farley, 

on behalf of the Debtor’s estate, any fees incurred as a result thereof. Therefore, to the extent 

Mr. Farley does not voluntarily remit the payment as demanded or vacate and surrender the 

Property, the Trustee seeks fees and expenses pursuant to section 362(k) of the Bankruptcy 

Code.

WHEREFORE, the Trustee requests the Court enter an order: (i) compelling Mr. Farley

to immediately turn over the Property to the Trustee, or, if Mr. Farley refuses, awarding the 

Case 18-32452-KLP Doc 51 Filed 12/18/18 Entered 12/18/18 16:30:08 Desc Main

 Document Page 3 of 4
4

4830-5484-6842.2

Trustee fees and costs, including reasonable attorneys’ fees, in connection with this matter; and 

(ii) awarding any further relief the Court deems proper.

PETER J. BARRETT, TRUSTEE

By: _/s/ Brian H. Richardson

Counsel

KUTAK ROCK LLP

Jeremy S. Williams (VSB No. 77469)

Brian H. Richardson (VSB No. 92477)

901 East Byrd Street, Suite 1000

Richmond, Virginia 23219-4071

Telephone: (804) 644-1700

Facsimile: (804) 783-6192

Jeremy.Williams@kutakrock.com

Brian.Richardson@kutakrock.com

 Counsel for Peter J. Barrett, Trustee

CERTIFICATE OF SERVICE

Pursuant to the Local Rules of this Court, I hereby certify under penalty of perjury that on 

December 18, 2018, I served a true copy of this document by ECF and/or overnight mail on all 

necessary parties, as follows:

Keith A. Pagano

Pagano & Marks, P.C.

4510 S. Laburnum Ave 

Richmond, VA 23231

Email: kpagano@paganomarks.com

Counsel for the Debtor

Nubian Queen Hoover

P.O. Box 262

Fort Belvoir, VA 22060

Debtor

Mr. Tommy P. Farley, Jr.

335 McFayden Dr.

Fayetteville, NC 28314

Respondent

John P. Fitzgerald, III

Office of the United States Trustee

701 E. Broad Street, Ste. 4304

Richmond, VA 23219

/s/ Brian H. Richardson 

Counsel

Case 18-32452-KLP Doc 51 Filed 12/18/18 Entered 12/18/18 16:30:08 Desc Main

 Document Page 4 of 4