UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

RICHMOND DIVISION 

IN RE: Jay Christian Dean Case No.: 18-35976

 Chapter: 13 

 Trustee: Carl M. Bates 

RESPONSE TO CREDITOR’S MOTION TO DISMISS 

COMES NOW the Debtor(s), Jay Christian Dean, and by his Attorney, Jacqueline W. 

Critzer, of Bowen Ten Cardani, P.C., and for his response to the Motion to Dismiss state as 

follows: 

1. Movant is the above-named debtor, having filed his Chapter 13 case on November 28, 

2018. 

2. At the time the debtor filed the voluntary petition commencing this case he included a list 

of creditors and their addresses, but did not complete and file Schedules A-J, Summary of 

Schedules, Statement of Financial Affairs, and other required schedules, statements and/or lists, 

or the Chapter 13 plan and was unable to do so by December 12, 2018, the time within which 

said statement and schedules and plan must be filed in accordance with Bankruptcy Rule(s) 

1007-1 and 3015-2. 

3. The debtor, after diligent effort, was unable to obtain all records needed to complete the 

preparation of the Schedules A-J, Summary of Schedules, Statement of Financial Affairs, and 

other required schedules, statements and/or lists, and/or the Chapter 13 plan and through counsel 

filed a Motion to Extend Time to File Schedules, Statements, Lists and the Chapter 13 plan 

4. Creditor and former spouse of debtor, Cassandra Dean, through counsel, James Wilson, 

Esquire, filed an Objection to Debtor’s Motion to Extend on December 13, 2018. 

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5. Debtor completed all schedules, statements, and lists and filed them along with the 

Chapter 13 Plan on December 19, 2018. 

6. On December 19, 2018 Cassandra Dean, by counsel, filed a request for production of 

debtor’s tax returns in accordance with 11 U.S.C. 521(e)(2)(A)(2). 

7. On January 4, 2019 Debtor, by counsel, provided an entire copy of his tax return to Jim 

Wilson, Esquire; counsel for creditor Cassandra Dean. 

8. Debtor’s counsel mistakenly believed that the time in which to respond to a Request for 

Production of Documents was 30 days pursuant to Rule 34 of the Federal Rules of Civil 

Procedure; however Federal Rules of Bankruptcy Procedure 7034 applies to adversary 

proceedings. 

9. Creditor’s Motion asserts that Debtor provided no explanation for not providing his tax 

return as requested; however creditor’s counsel failed to ask whether debtor had any explanation 

for the failure to provide tax returns as requested and only asked whether debtor previously 

provided the tax returns to counsel. 

10. Debtor’s counsel provided the tax return well in advance of the confirmation hearing date 

scheduled for January 30, 2019; allowing the creditor ample time and opportunity to review said 

tax returns. 

11. Debtor, through counsel, contemporaneously herewith filed a Motion to Enlarge Time to 

Produce Tax Return to Creditor. 

WHEREFORE, Debtor prays that this Court deny the motion to dismiss and an order be 

made and entered herein extending to and until January 4th ,2019, the date by which debtor must 

produce tax returns to creditor as requested, and for such further and other relief as is just. 

 

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 Respectfully submitted, 

 Respectfully submitted, 

 /s/ Jay Christian Dean 

 By Counsel 

Date: January 4, 2019 

/s/ Jacqueline W. Critzer, Esq. 

Jacqueline W. Critzer, VSB# 71569 

Bowen Ten Cardani, P.C. 

A Debt Relief Agency/Counsel for Debtor(s) 

3957 Westerre Pkwy Suite 105 

Richmond, Virginia 23233 

(804) 755-7599 p 

(804) 755-7552 f 

jsharman@btclawva.com 

Certification of Service 

I hereby certify that on January 9, 2019, a true copy of the foregoing Notice of Motion and 

Motion to Extend were mailed via first class mail or electronic mail to Carl Bates, Chapter 13 

Trustee at PO Box 1819, Richmond, VA 23219, the United States Trustee at 701 E. Broad Street, 

Richmond, Virginia 23219 and to all necessary parties. 

 

//s/ Jacqueline W. Critzer, Esq. 

Jacqueline W. Critzer, VSB# 71569 

Bowen Ten Cardani, P.C. 

A Debt Relief Agency/Counsel for Debtor(s) 

3957 Westerre Pkwy Suite 105 

Richmond, Virginia 23233 

(804) 755-7599 p 

(804) 755-7552 f 

jsharman@btclawva.com 

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Bowen Ten Cardani, PC 

3957 Westerre Pkwy 

Suite 105 

Richmond, VA 23233 

Cassandra Dean 

1223 Silver Sage Drive 

Raleigh, NC 27606 

Coates & Davenport, PC 

5206 Markel Road 

Richmond, VA 23230 

Internal REv Service 

Cincinnati, OH 45999 

Office of the US Trustee 

701 E. Broad Street 

Richmond, VA 23219 

Player Michelson 

3957 Westerre Parkway 

Richmond, VA 23223 

Sands Anderson 

1111 Main Street 

Richmond, VA 23219 

Stosch, Dacey & George ,P.C. 

4551 Cox Road #110 

Glen Allen, VA 23060 

 

 

 

 

 

 

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