IN THE UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Richmond Division

In re: Gilda G. Taylor Case No. 16-31174-KLP

Debtor Chapter 13

577 Folly Road

Heathsville, Virginia 22473

xxx-xx-1733

NOTICE OF MOTION TO CONTINUE THE AUTOMATIC STAY AND HEARING

The above named Debtor, by counsel, has filed a Motion for Continuation of the 

Automatic Stay with the Court pursuant to 11 U.S.C. § 362(c)(3)(B). Your rights may be 

affected. You should read these papers carefully and discuss them with your attorney, 

if you have one.

NOTICE IS HEREBY GIVEN THAT A HEARING ON THIS MOTION WILL BE HELD 

ON April 6, 2016 at 10:00 a.m. in Honorable Keith L. Phillips’s Courtroom, U.S. 

Bankruptcy Court, 701 E. Broad Street, Room 5100, Richmond, VA 23219.

If you want to be heard on this matter, then no later than three (3) days before 

the date of the hearing, you or your attorney must: 

1. File with the court, at the address below, a written response pursuant to 

Local Rule 9013-1(H). If you mail your response to the Court for filing, you 

must mail it early enough so that the Court will receive it on or before the 

date stated above.

Clerk of Court

United States Bankruptcy Court

701 E. Broad Street, Suite 4000

Richmond, VA 23219-3515

Amanda E. DeBerry (VSB# 83805)

Boleman Law Firm, P.C.

P. O. Box 11588

Richmond, VA 23230-1588

Telephone (804) 358-9900

Counsel for Debtor

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2. You must also mail a copy to:

Boleman Law Firm, P.C.

P. O. Box 11588

Richmond, VA 23230-1588

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 and may enter an Order granting that relief.

Respectfully submitted,

GILDA G. TAYLOR

By Counsel:

/s/ Amanda E. DeBerry

Amanda E. DeBerry (VSB# 83805)

Boleman Law Firm, P.C.

P. O. Box 11588

Richmond, Virginia 23230-1588

Telephone (804) 358-9900

Counsel for Debtor

CERTIFICATE OF SERVICE

I certify that on March 21, 2016, I have transmitted a true copy of the 

foregoing document electronically through the Court’s CM/ECF system or by mail to the 

Debtor(s), Chapter 13 trustee, the United States trustee if other than by the electronic 

means provided for at Local Bankruptcy Rule 2002-1, and to all creditors and parties in 

interest of the mailing matrix attached hereto.

/s/ Amanda E. DeBerry

Counsel for Debtor

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IN THE UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Richmond Division

In re: Gilda G. Taylor Case No. 16-31174-KLP

Debtor Chapter 13

MOTION TO CONTINUE AUTOMATIC STAY AND

MEMORANDUM IN SUPPORT THEREOF

COMES NOW GILDA G. TAYLOR (the “Debtor”), by counsel, pursuant to 11 

U.S.C. § 362(c)(3)(B) and files the following Motion to Continue Automatic Stay and 

Memorandum in Support Thereof, and affirmatively states as follows:

Jurisdiction

1. Jurisdiction of this Court over the instant matter is based upon 28 U.S.C. 

§§1334 and 157 in that this action arises in and relates to the bankruptcy case of the 

Debtor.

2. This proceeding is a core proceeding under 28 U.S.C. §157(b)(2)(A), (B), 

(K), and (O).

3. Venue is proper pursuant to 28 U.S.C. §1409.

Background Facts

4. On March 10, 2016 (hereinafter the “Petition Date”), the Debtor filed a 

petition for relief under Chapter 13 of the Bankruptcy Code (the “instant case”).

5. Within the year prior to filing the instant case, Debtor has been a debtor in

one (1) pending Chapter 13 bankruptcy case (the “previous case”), which was filed on

Amanda E. DeBerry (VSB# 83805)

Boleman Law Firm, P.C.

P. O. Box 11588

Richmond, VA 23230-1588

Telephone (804) 358-9900

Counsel for Debtor

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November 23, 2011, and dismissed on March 6, 2016 (Case No. 11-37406-KLP). The 

previous case was dismissed by the Court because of payment default. Ms. Taylor 

incurred new medical debt and could no longer afford to maintain all of her ongoing 

payments. 

6. Ms. Taylor has also been a debtor in a prior Chapter 7 bankruptcy case, 

which was filed March 30, 2006, and discharged July 3, 3006 (Case No. 06-30698-

DOT). 

Facts of the Instant Case

7. In the instant case, Debtor has proposed a Chapter 13 Plan (the “Plan”) 

that commits to pay the Trustee all projected disposable income, $180.00 per month, for 

a period of 55 months. 

8. Among other provisions, the Plan proposes the following: payment 

through the Trustee to Santander for a vehicle; to Tappahanock furniture for household 

goods; to Northumberland County for certain tax debts; Debtor's unsecured creditors 

will receive a reasonable dividend based on her best efforts to pay.

Discussion

9. Because the instant case was commenced within one (1) year of the 

dismissal of the prior case, the automatic stay in the instant case will expire “with 

respect to any action taken with respect to a debt or property securing such debt or with 

respect to any lease . . . ” on April 9, 2016, unless the Court extends the automatic stay. 

11 U.S.C. § 362(c)(3)(A) and (B). 

10. Pursuant to 11 U.S.C. § 362(c)(3)(B), Debtor must demonstrate to the 

Court that the instant case was filed in good faith in order to obtain an extension of the 

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automatic stay. 

11. If the Court finds grounds for presuming the instant case was filed “not in 

good faith,” § 362(c)(3)(C) would impose a burden on Debtor to overcome such 

presumption and prove good faith by clear and convincing evidence. If, however, the 

Court finds no grounds for presuming the instant case was filed “not in good faith,” 

Debtor must merely prove good faith by a preponderance of the evidence. In re 

Havner, 336 B.R. 98, 103 (Bankr. M.D.N.C. 2006); In re Ball, 336 B.R. 268, 273 (Bankr. 

M.D.N.C. 2006). 

12. Within the context of motions to continue the automatic stay pursuant to § 

362(c)(3), In re Chaney, 362 B.R. 690, 694 (Bankr.E.D.Va. 2007), instructs that the term 

“good faith” was defined judicially in the Fourth Circuit by Deans v. O’Donnell, 692 F.2d 

968, 972 (4th Cir. 1982), further refined by Neufeld v. Freeman, 794 F.2d 149, 152 (4th

Cir. 1986), and left unchanged by Congress when it created § 362(c)(3). Chaney at 694.

13. Pursuant to Neufeld v. Freeman, good faith determinations require courts 

to consider, inter alia, “the percentage of proposed repayment, the debtor’s financial 

situation, the period of time payment will be made, the debtor’s employment history and 

prospects, the nature and amount of unsecured claims, the debtor’s past bankruptcy 

filings, the debtor’s honesty in representing facts, and any unusual or exceptional 

problems facing the particular debtor.” Id. at 152, citing Deans v. O’Donnell, 692 F.2d at 

972. The focus of the inquiry is “to determine whether or not . . . there has been ‘an 

abuse of the provisions, purpose, or spirit’ of Chapter 13 in the proposal or plan.” 

Neufeld at 152, citing Deans at 972, and quoting 9 Collier on Bankruptcy 9.20 at 319 

(14th ed. 1978). 

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14. In order to apply the Fourth Circuit’s definition of good faith in determining 

whether the automatic stay should be extended pursuant to § 362(c)(3), 

“the court must be satisfied that the plan in the new case will succeed 

where the plan in the prior case did not. Usually this will require a finding 

that some change in the financial or personal affairs of the debtor has 

occurred that will allow the debtor to perform under the terms of the plan in 

the new case. But the inquiry does not end there. The court needs to 

determine that the repetitive filing does not violate the spirit of the 

Bankruptcy Code. The new case must not be a ploy to frustrate creditors. 

It must represent a sincere effort on the part of the debtor to advance the 

goals and purposes of chapter 13.”

Chaney at 694.

Argument

15. In the case sub judice there is a presumption that the instant case was

filed “not in good faith” as to all creditors. Therefore, Debtor must prove by clear and 

convincing evidence that the instant case was filed in good faith.

16. In the instant case, the Debtor has acted in good faith, and Debtor 

requests that the Court grant an extension of the automatic stay as to all creditors, as to 

Debtor and Debtor’s property, and as to the property of the estate for the duration of the 

instant case. In support thereof, Debtor submits an Affidavit, which is attached hereto as 

Exhibit “1” and incorporated herein by this reference. 

17. Applying the Neufeld factors to Debtor’s circumstances and to this case 

leads to the following conclusions:

a. Percentage of proposed repayment - The Plan proposes to pay a 

dividend of 9% to non-priority unsecured creditors. Such creditors would receive a 

dividend of 0% if Debtor were to file a Chapter 7 bankruptcy case. Application of this 

factor favors a finding of good faith. 

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b. Debtor’s financial situation – Debtor has income from social 

security. A significant positive change in the Debtor’s financial circumstances has also 

taken place since the dismissal of the previous case. Specifically, Ms. Taylor's mortgage 

payments are lower and she has surrendered a vehicle which she could not afford 

Additionally, Debtor’s income is likely to remain consistent throughout this case. 

Debtor’s financial situation does not allow for the maintenance of unnecessary 

expenses for luxury items but allows for the maintenance of an average standard of 

living for Debtor’s household and the successful completion of the terms of the Chapter 

13 Plan. Application of this factor favors a finding of good faith. 

c. Period of time payment will be made - The period of time in which 

payments will be made is reasonable and is based upon the Debtor’s best efforts. 

Application of this factor favors a finding of good faith.

d. Debtor’s employment history and prospects – Ms. Taylor receives 

social security income Application of this factor favors a finding of good faith.

e. Nature and amount of unsecured claims - Debtor’s non-priority 

unsecured debts are estimated to be approximately $11,292.35. Debtor has not 

incurred any unsecured debt for luxury goods or services or any unsecured debt due to 

revolving credit accounts or pay day loans within the 90 days prior to filing the instant 

case. Application of this factor favors a finding of good faith. 

f. Debtor’s past bankruptcy filings - The instant Motion is required due 

to the fact that Debtor was a debtor in a previous case that was dismissed within one (1) 

year of the Filing Date hereof. The Affidavit attached hereto as Exhibit “1” describes fully 

the reasons that the previous case was dismissed. Debtor incorporates such 

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explanation herein by this reference. Debtor’s hardships do not indicate an abuse of the 

bankruptcy system; rather, they indicate an honest but thus far unsuccessful attempt to 

financially reorganize. Application of this factor favors a finding of good faith. 

g. Debtor’s honesty in representing facts – Debtor has fully disclosed 

all assets, liabilities, and pertinent information regarding personal and financial affairs

and is prepared to cooperate fully with the Chapter 13 Trustee. Application of this factor 

favors a finding of good faith. 

h. Any unusual or exceptional problems facing the particular debtor –

There are no unusual or exceptional problems facing Debtor. Application of this factor 

favors a finding of good faith. 

18. Debtor asserts that the instant case does not “violate the spirit of the 

Bankruptcy Code” and it is not “a ploy to frustrate creditors”; rather, it represents “a 

sincere effort on the part of the debtor to advance the goals and purposes of chapter 

13”. See Chaney at 694. In support hereof, Debtor asserts the following additional 

arguments:

a. The timing of the petition – Between the dismissal of the previous 

case and the instant case, Debtor did not act in a manner so as to purposely delay 

payment of debts and did not delay in filing the instant case so as to intentionally 

frustrate creditors. Debtor’s actions in this regard indicate an intent to use the 

bankruptcy system to resolve debts in an appropriate manner. Application of this factor 

favors a finding of good faith. 

b. How the debts arose – The debts in this case arose primarily over a 

period of time extending back several years. The debts were not the result of misuse of 

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credit or luxury spending; rather, they arose as a result of ordinary living expenses that 

Debtor became unable to repay. Application of this factor favors a finding of good faith. 

c. The debtor’s motive in filing the petition – Debtor’s motive in filing 

this case is to apply best efforts to repay creditors and receive a fresh start through 

bankruptcy. Application of this factor favors a finding of good faith. 

d. How the debtor’s actions affected creditors – The Plan provisions 

and treatment of creditors are generally described in paragraph 7, supra. This factor will 

rarely favor a debtor, because “[f]iling for bankruptcy relief will almost always prejudice 

one's creditors.” Galanis, 334 B.R. at 696.

e. Changes in circumstance and ability to complete this case – The 

Affidavit attached hereto as Exhibit “1” describes fully the Debtor’s changes in 

circumstances and explain both the legitimate bases for the filing of this case as well as 

the Debtor’s ability to complete this case. Debtor incorporates such explanations herein 

by this reference. Application of this factor favors a finding of good faith. 

WHEREFORE, for the foregoing reasons, GILDA G. TAYLOR respectfully 

requests this Honorable Court to enter an Order extending the automatic stay as to all 

creditors, as to Debtor and Debtor’s property, and as to the property of the estate for the 

duration of the instant case, and for such other and further relief as to the Court shall be 

deemed appropriate.

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Respectfully submitted,

GILDA G. TAYLOR

By Counsel:

/s/ Amanda E. DeBerry

Amanda E. DeBerry (VSB# 83805)

Boleman Law Firm, P.C.

P. O. Box 11588

Richmond, Virginia 23230-1588

Telephone (804) 358-9900

Counsel for Debtor

CERTIFICATE OF SERVICE

I certify that on March 21, 2016, I have transmitted a true copy of the 

foregoing document electronically through the Court’s CM/ECF system or by mail to the 

Debtor(s), Chapter 13 trustee, the United States trustee if other than by the electronic 

means provided for at Local Bankruptcy Rule 2002-1, and to all creditors and parties in 

interest of the mailing matrix attached hereto.

/s/ Amanda E. DeBerry

Counsel for Debtor

Office of the US Trustee

701 E. Broad Street

Room 4304

Richmond, VA 23219

American General Finance

121 Junction Drive

PO Box 764

Ashland, VA 23005-2200

American General Finance

Attn: Bankruptcy

P.O. Box 3121

Evansville, IN 47731

BayAging

P.O. Box 610

Re: Bankruptcy

Urbanna, VA 23175

Capital One Bank USA NA

P.O. Box 30281

Salt Lake City, UT 84130

Cash-2-U Payday Loans

PO Box 296

Re: Bankruptcy

Tappahannock, VA 22560

CashCall

P.O. Box 66007

Anaheim, CA 92816

Chesapeake Medical Group

PO Box 2255

Kilmarnock, VA 22482

County of Northumberland

Office of the Treasurer

P.O. Box 297

Heathsville, VA 22173

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Credit Acceptance

PO Box 513

Southfield, MI 48037

Credit One Bank

PO Box 60500

City Of Industry, CA 91716-0500

David L. Harris MD, LTD

PO Box 1449

Kilmarnock, VA 22482

Dish Network

9601 S. Meridian Blvd.

Englewood, CO 80112

EVB

P.O. Box 9

BR #21

Heathsville, VA 22473

Feed the Children

333 N. Meridian Ave

Oklahoma City, OK 73107

HSBC Bank

PO Box 5253

Carol Stream, IL 60197

Identity Theft Shield

PO Box 2629

Ada, OK 74821

OneMain Financial

300 St. Paul Plase - BSP05C

Baltimore, MD 21202

Orchard Bank

Attn: Bankruptcy

PO Box 60102

City Of Industry, CA 91716-0102

Patient Financial Services

Re: Rvsd Tappahannock Hosp

PO BOX 2858

Raleigh, NC 27602

Riverside Health System

Re: Bankruptcy

P.O. Box 6008

Newport News, VA 23606

Riverside Medical Group

PO Box 6017

Newport News, VA 23606

Riverside Medical Group

856 J. Clyde Morris Blvd.

Suite A

Newport News, VA 23601-1318

Santander Consumer USA

Attn: Bankruptcy Department

PO Box 560284

Dallas, TX 75356-0284

Tappahannock Furniture

Attn: Bankruptcy Dept

P.O. Box 307

Tappahannock, VA 22560

Virginia Cardiovascular Spec

PO Box 791183

Baltimore, MD 21279

William & Jane Anderson

PO Box 50

Callao, VA 22435

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IN THE UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Richmond Division

In re: Gilda G. Taylor 

EXHIBIT “1” TO MOTION TO CONTINUE STAY AND 

MEMORANDUM IN SUPPORT THEREOF

AFFIDAVIT OF Gilda G. Taylor

BEFORE ME, the undersigned authority, personally appeared Gilda G. Taylor, 

known to me, and upon her oath stated as follows:

1. My name is Gilda G. Taylor. I am above the age of 18 years, and 

competent to make this affidavit. I have personal knowledge of the facts set forth in this 

affidavit.

2. I reside at 577 Folly Road, Heathsville VA 22473.

3. I have income from Social Security. My income is stable, and I do not 

expect it to change in the future.

4. I am the debtor in the present bankruptcy case.

5. During the one (1) year prior to filing the present case, I have been debtor 

in one (1) pending bankruptcy case that was dismissed.

6. The previous case was a Chapter 13 bankruptcy case filed on November 

23, 2011, and dismissed on or about March 6, 2016 (Case No. 11-37406-KLP) (the 

“previous case”). 

7. The previous case was dismissed because of payment default. I fell 

behind with my Trustee payments because I incurred new medical debt and could not 

afford my vehicle payment.

8. Since the dismissal of the previous case, I have experienced a significant 

positive change in my financial circumstances in that surrendered the vehicle I could not 

afford and my mortgage payment has been reduced.

9. I believe that these changes in circumstances will enable me to 

successfully complete this bankruptcy case.

10. I have listed all of my assets and all of my debt and have fully and 

accurately disclosed all of my income and expenses in the Schedules in this case.

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11. I will propose the following treatment of my creditors in my Chapter 13 

Plan: keep my home, pay for my vehicle, pay for my furniture, pay my real estate taxes, 

and provide a reasonable dividend to my unsecured creditors

12. I am proposing to pay the Trustee all projected disposable income, 

$180.00 per month, for a period of 55 months.

13. After the dismissal of my previous case, I acted as fast as I reasonably

could to retain a bankruptcy attorney to file this case for me because I want to use the 

bankruptcy system to resolve my debts.

14. My debts arose as a result of ordinary living expenses. The credit card 

debt I have has accumulated over several years and is not the result of any purchases 

of luxury goods or services. I have also not incurred any unsecured debt due to 

revolving credit accounts or pay day loans within the 90 days prior to filing the instant 

case. 

15. I desire to use the bankruptcy system to obtain a fresh start and have not 

been attempting to evade my responsibilities or delay my creditors’ attempts to collect. 

In addition to repaying my creditors what I can afford and obtain a discharge of my 

indebtedness, the purpose of my bankruptcy filing is to keep my home, my car, my 

furniture and pay my taxes.

16. My income is consistent and likely to remain so during my case. My 

household expenses are not likely to change substantially. I believe I will be able to 

make my payments to the Trustee and meet my other obligations as they come due 

throughout this case.

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WITNESS the following signature and seal this 10th day of March, 2016.

/s/ Gilda G. Taylor (seal)

Gilda G. Taylor

CERTIFICATE OF ACKNOWLEDGMENT:

Commonwealth of Virginia

City of Richmond, to wit:

The foregoing instrument was acknowledged before me this 10th day of March, 

2016, by Gilda G. Taylor.

My Commission Expires: 6/30/19 /s/ Michelle R. Stehle

Notary Public

7115529

Notary Registration Number

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