H. Darden Hutson, VSB 29069

Fresh Start Law Office PLLC

4807 Hermitage Road #205

Richmond VA 23227

Tel 804 266 4680

Fax 866 455 1349

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

IN RE Verna Ndiaye

 Debtor

Case Number: 19-32975KRH

Chapter 13

NOTICE OF MOTION 

AND NOTICE OF HEARING

PLEASE TAKE NOTICE THAT Verna Ndiaye, the Debtor(s), by and through counsel, 

has (have) filed papers with the Court to incur debt to finance mortgage defaults.

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 on or before fourteen days from the 

date of this Notice, you or your attorney must:

File a response with the Court, pursuant to Local Bankruptcy Rule 9013-1(H)]. If 

you mail your request for 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.

Clerk of Court, US Bankruptcy Court

701 E. Broad Street, 4th Floor

Richmond VA 23219

You must also mail a copy to:

Carl Bates

PO Box 1819

Richmond, VA 23218-1819

Attend the hearing scheduled to be held on April 20, 2022 at 12:00PM in Courtroom 

5000 701 E Broad Street Richmond, VA 23219 (or as directed by the Clerk). If no 

timely response has been filed opposing the relief requested, the court may grant the 

relief without holding a hearing.

H. Darden Hutson

Fresh Start Law Office PLLC

4907 Hermitage Road #205

Richmond VA 23227

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If you or your attorney do not take these steps, the Court may decide that you don’t 

oppose the relief sought in the Motion or Objection and may enter an Order Granting the 

relief.

Notice provided by:

/s/H. Darden Hutson

Bar No. 29069

Fresh Start Law Office PLLC

4807 Hermitage Road #205

Richmond VA 23227

P 804 266 4895

F 866 455 1349

Certificate of Service

I hereby certify that true and correct copies of the foregoing were mailed postage pre paid 

or hand delivered to the US Trustee, the trustee in this cause and all parties in interest this 

March 28, 2022.

____________________

/s/H.Darden Hutson

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H. Darden Hutson, VSB 29069

Fresh Start Law Office pllc

4807 Hermitage Road #205

Richmond VA 23227

804 266 4680

hdhlaw@fslo.com

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

RICHMOND VIRGINIA

IN RE: Verna Ndiaye

Debtor Case # 19-32975KRH

Chapter 13

MOTION FOR AUTHORITY TO INCUR NEW DEBT

Comes now debtor, by counsel, pursuant to 11 U.S.C. § 364, L.R. Bankr P. 6004-1 and 

6004-2 and F.R. Bankr P. 9013 and moves for leave to incur new debt to cure pre and 

post petition defaults to PennyMac Loan Servicing (PennyMac) with funds borrowed 

from the U.S. Department of Housing and Urban Development (HUD) and as grounds 

therefore states:

1. Debtor is before the court as a Chapter 13 debtor in this case. The case was filed 

June 4, 2019 as a chapter 13 case and the plan confirmed August 16, 2019.

2. The debtor is in default of her pre and post petition obligation due to PennyMac 

for payment of the mortgage on her principal residence. Debtor has received approval and 

executed a promissory note and deed of trust (copy attached as Exhibit A) with and for 

the benefit of HUD for the funds necessary to cure such defaults in the amount of 

$3,519.67. The terms of the financing agreement are $3,519.67 @ 0% interest with no 

monthly payment and principal due upon sale, refinance or upon the first mortgage held

by PennyMac coming due by its terms. 

3. Upon the granting of this motion, PennyMac shall withdraw its filed Proof of 

Claim and the trustee is relieved of the obligation to pay such claim. Further the Motion 

for Relief filed by PennyMac will be moot.

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WHEREFORE debtor prays that she be given leave to incur new debt as described above 

and for such further relief as the court may deem just.

Verna Ndiaye

By Counsel

By:/s/ H. Darden Hutson

Bar no. 29069

Fresh Start Law Office PLLC

4807 Hermitage Road #205

Richmond VA 23227

T 804 266 4680

F 866 455 1349

Certificate of Service

I hereby certify that true copies of the foregoing were mailed to the chapter 13 trustee 

and all parties in interest per the attached matrix or sent via the electronic notice list this 

March 28, 2022.

/s/H. Darden Hutson

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 Label Matrix for local noticing Capital One Auto Finance, a division of Capi PENNYMAC LOAN SERVICES, LLC 

 0422-3 4515 N Santa Fe Ave. Dept. APS BWW Law Group, LLC 

 Case 19-32975-KRH Oklahoma City, OK 73118-7901 8100 Three Chopt Road, Suite 240 

 Eastern District of Virginia Richmond, VA 23229-4833 

 Richmond 

 Tue Jul 2 12:11:33 EDT 2019 

 United States Bankruptcy Court Capital One Auto Finance, a division of Citi/Sears 

 701 East Broad Street AIS Portfolio Services, LP Citibank/Centralized Bankruptcy 

 Richmond, VA 23219-1888 4515 N Santa Fe Ave. Dept. APS Po Box 790034 

 Oklahoma City, OK 73118-7901 St Louis, MO 63179-0034 

 

 Commonwealth of Virginia Commonwealth of Virginia TACS Deptartment Store National Bank/Macy’s 

 Department of Taxation PO Box 2156 Attn: Bankruptcy 

 Offie of Compliance Richmond, VA 23218-2156 9111 Duke Boulevard 

 PO Box 27407 Mason, OH 45040-8999 

 Richmond, VA 23261-7407 

 

 Kohls/Capital One NYS Higer Education Services Corp Pennymac Loan Services 

 Attn: Bankruptcy PO box 645189 Correspondence Unit/Bankruptcy 

 Po Box 30285 Cincinnati, OH 45264-5189 Po Box 514387 

 Salt Lake City, UT 84130-0285 Los Angeles, CA 90051-4387 

 Synchrony Bank/Lowes Wells Fargo Bank Wells Fargo Bank 

 Attn: Bankruptcy Attn: Bankruptcy Mac F823f-02f 

 Po Box 965060 Po Box 10438 Po Box 10438 

 Orlando, FL 32896-5060 Des Moines, IA 50306-0438 Des Moines, IA 50306-0438 

 Carl M. Bates H. Darden Hutson John P. Fitzgerald, III 

 P. O. Box 1819 Fresh Start Law Office Pllc. Office of the US Trustee - Region 4 -R 

 Richmond, VA 23218-1819 4807 Hermitage Road 701 E. Broad Street, Ste. 4304 

 #205 Richmond, VA 23219-1849 

 Richmond, VA 23227-3335 

 

 Verna Ndiaye 

 6205 Checkerberry Drive 

 Henrico, VA 23231-4717 

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

 (d)Capital One Auto Finance, a division of Ca End of Label Matrix 

 4515 N Santa Fe Ave. Dept. APS Mailable recipients 18 

 Oklahoma City, OK 73118-7901 Bypassed recipients 1 

 Total 19 

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