Bradley D. Jones (VSB No. 85095) 

ODIN, FELDMAN & PITTLEMAN, PC

1775 Wiehle Avenue, Suite 400

Reston, Virginia 20190

Phone: 703-218-2176

Fax: 703-218-2160

Brad.Jones@ofplaw.com

Counsel for the Chapter 7 Trustee

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Alexandria Division

In re: *

*

JEROME ALAN JOHNSON and * Case No. 19-12437-BFK

MICHELE ANITA JOHNSON, * Chapter 7

*

Debtors. *

*

DONALD F. KING, TRUSTEE, *

*

Plaintiff, *

*

v. * Adv. Proceeding No.

*

MARY ELLA JOHNSON *

8815 Colemans Lake Rd. *

Ford, VA 23850 *

*

Defendant, *

*

EMERI M. JOHNSON *

15338 Colonel Tansill Ct. *

Woodbridge, VA 22193-5888 *

*

Defendant, *

*

GABRIELLE A. JOHNSON *

15338 Colonel Tansill Ct. *

Woodbridge, VA 22193-5888 *

*

Defendant, *

*

LEGACY WEALTH PROPERTIES, LLC *

15338 Colonel Tansill Ct. *

Woodbridge, VA 22193-5888 *

*

Defendant. *

*

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COMPLAINT TO SELL JOINTLY–OWNED PROPERTY 

PURSUANT TO SECTION 363(h) OF THE BANKRUPTCY CODE,

OR IN THE ALTERNATIVE, COMPLAINT TO COMPEL DISSOLUTION OR SET ASIDE TRANSFERS

COMES NOW Donald F. King, (“Trustee” or “Plaintiff”) in his capacity as Trustee for the 

Bankruptcy Estate of Jerome Alan Johnson and Michele Anita Johnson (the “Bankruptcy

Estate”), by and through its undersigned counsel, and files this complaint against Mary Ella 

Johnson, Emeri M. Johnson, Gabrielle A. Johnson, and Legacy Wealth Properties, LLC to sell 

jointly-owned property under section 363(h) of the Bankruptcy Code, or in the alternative, to 

compel dissolution or set aside transfers pursuant to 11 U.S.C. §§ 541, 544, 548, 550 and Va. 

Code § 13.1-1047, 55.1-400, 55.1-401 against. Plaintiff alleges as follows:

PARTIES

1. Plaintiff, Donald F. King, is the duly appointed chapter 7 trustee (the “Trustee”).

2. Defendant, Legacy Wealth Properties, LLC, is a Virginia Limited Liability 

Company with its principal place of business located at 15338 Colonel Tansill Court, 

Woodbridge, VA, 22193, which is the Debtors’ address of record in the above captioned 

bankruptcy case. Legacy Wealth Properties, LLC (“Legacy Wealth Properties”) is the record 

owner of real property located at 8815 Colemans Lake Rd., Ford, VA 23850 (the “Colemans 

Lake Property”). Other than the Colemans Lake Property, Legacy Wealth Properties owns no 

other assets. The Bankruptcy Estate is a beneficial co-owner of the Colemans Lake Property 

through its ownership of an interest in Legacy Wealth Properties. The Debtor, Jerome Johnson, 

is the Registered Agent of Legacy Wealth Properties in his capacity as the Member or Manager 

of the company. 

3. Defendant, Mary Ella Johnson, is a Virginia resident who resides at the Colemans 

Lake Property, which is the real property at issue in this complaint.

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4. Defendant, Emeri M. Johnson, is an individual that upon information and belief 

resides at 15338 Colonel Tansill Ct. Woodbridge, VA 22193-5888. Ms. Johnson is the Debtors’

daughter. Upon information and belief Emeri M. Johnson has a membership interest in Legacy 

Wealth Properties, LLC. Through her interest in Legacy Wealth Properties, LLC, Ms. Johnson 

either currently beneficially owns, or at one time owned, a co-ownership interest in the Colemans 

Lake Property through her ownership of an interest in Legacy Wealth Properties. 

5. Defendant, Gabrielle A. Johnson, is an individual that upon information and belief 

resides at 15338 Colonel Tansill Ct. Woodbridge, VA 22193-5888. Ms. Johnson is the Debtors’ 

daughter. Upon information and belief Gabrielle A. Johnson has a membership interest in 

Legacy Wealth Properties, LLC. Through her interest in Legacy Wealth Properties, LLC, Ms. 

Johnson either currently beneficially owns, or at one time owned, a co-ownership interest in the 

Colemans Lake Property through her ownership of an interest in Legacy Wealth Properties.

JURISDICTION

6. The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1334.

7. Venue is proper pursuant to 28 U.S.C. §§ 1408 and 1409.

8. This matter is a core proceeding within the meaning of 28 U.S.C. 

§§ 157(b)(2)(A), (M), (N), and (O).

BACKGROUND

9. Jerome Alan Johnson and Michele Anita Johnson (the “Debtors”) filed a 

voluntary petition under chapter 7 of Title 11 of the United States Code on July 25, 2019. Mr. 

Johnson is the Member or Manager of a Virginia limited liability company listed in the records 

of the Virginia State Corporation Commission as “Legacy Wealth Properties LLC.” Mr. Johnson

serves as the company’s Registered Agent. Legacy Wealth Properties owns the Colemans Lake 

Property and aside from that property owns no other assets.

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10. The Debtors’ Statement of Financial Affairs lists an ownership interest in Legacy 

Wealth Properties, describing the nature of the business as “Ownership of home in which

Husband-Debtor’s mother resides. No EIN is provided. Bankr. Dkt. No. 15 at 84.

11. The property tax records for Dinwiddie County Virginia list Legacy Wealth 

Properties as the owner of a property located at 8815 Colemans Lake Road, Ford, VA 23850. 

The Colemans Lake Property is a three–bedroom, one–bathroom house with 1,360 square feet on 

approximately 13.3 acres of land. The Zillow estimate of its value is $203,500.00. 

12. The Colemans Lake Property is further described as:

ALL that certain lot of land, piece or parcel of land with all improvements

thereon belonging, lying and being situated in Namozine District,

Dinwiddie County, Virginia, containing thirteen and three-tenths (13.3)

acres more or less, by actual survey, as shown on a certain map of the

same and other land, made by W.G. Chappell, C.L.S., Dinwiddie.

Virginia, dated November 16, 1960, (Revised August 8, 1961, to show

Part “C” and August l2, 1964, to show Part “D”, according to the legend

on said map), which map is attached to and made a part of a deed from

Darcy P. Grigg and Mary L. Grigg, his wife, to William W. Gilliam, dated

September 21, 1964, recorded April 8, 1966, Clerk’s Office, Circuit Court,

County of Dinwiddie, Virginia, in Deed Book 127, Page 152 and to which

map reference is hereby made for a more particular metes and bounds

description of said property; the said lot, tract, piece or parcel of land

being designated on said map as the “Remainder 13.3 acres more or less”

and being a part of the Pick Pocket Tract, and being bounded and

described, as shown on said map as follows:

On the North by land designated on said map as “Part 2 of Part D; on the

East by certain land of Maude H. Mallory, on the South by certain land

designated as “Part A” and on the West by Virginia State Highway No.

624, generally known as Coleman’s Lake Road and/or South Street,

formerly known and designated as Mill Road.

Being the same real estate which was conveyed to Legacy Wealth 

Properties, LLC by Mary E. Johnson, widow, and Ramona Johnson 

Howard by general warranty deed dated September 12, 2015 and recorded 

on September 16, 2015 as Instrument #150002608 in the Clerk’s Office, 

Circuit Court, of the County of Dinwiddie.

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13. The Debtors claim that Legacy Wealth Properties transferred its ownership of the 

Colemans Lake Property.

14. In support the Debtors provided to the Trustee a Consent to Action by Members

Without a Meeting (“Consent”) purportedly executed on October 29, 2016.

15. The Consent was signed by the Debtors, Emeri M. Johnson and Gabrielle A. 

Johnson. 

16. The Consent resolves that “due to financial hardships and the inability to pay 

Mary Ella Johnson for the property located in Dinwiddie County, Virginia as agreed upon at the 

time of the formation of Legacy Wealth Properties, LLC, 100% (one hundred percent) of the 

property is signed back over to Mary Ella Johnson. All four Members relinquish any and all

rights to the said property to Mary Ella Johnson.”

17. However, Legacy Wealth Properties never transferred Colemans Lake Property

and continues to own the real estate.

18. The Trustee on behalf of the Bankruptcy Estate is seeking to sell the Debtors’

interest in Legacy Wealth Properties, LLC and the Colemans Lake Property. 

COUNT I

SALE OF CO-OWNER INTEREST

UNDER 11 U.S.C. § 363(h)

19. The Plaintiff incorporates the allegations set forth in paragraphs 1 through 18.

20. The Defendants are non-debtors who beneficially co-own the Colemans Lake

Property or that reside in the Colemans Lake Property. 

21. The Trustee desires to sell both the Bankruptcy Estate’s interest in the Property 

and Legacy Wealth Properties, LLC’s interests as well as the non-debtor, co-owner interests of

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the Defendants in the Property pursuant to Sections 363(b)(1) and 363(h) of the Bankruptcy

Code.

22. Upon information and belief, partition in kind of the Colemans Lake Property 

among the Bankruptcy Estate and the Defendants is impracticable.

23. The sale of the Bankruptcy Estate’s interest in the Colemans Lake Property alone

would realize significantly less for the estate than a sale of the Colemans Lake Property free of

the interests of the Defendants.

24. Upon information and belief, the benefit to the Bankruptcy Estate of a sale of the 

Colemans Lake Property free of the interests of the co-owner outweighs the detriment, if any, to

the Defendants.

25. The Colemans Lake Property is not used in the production, transmission, or 

distribution for sale, of electric energy or of natural or synthetic gas for heat, light, or power.

26. With access to the Colemans Lake Property and the efforts of a real estate broker, 

the Trustee expects to receive an offer for the property.

27. Any sale of the Colemans Lake Property will be subject to the approval of the 

Bankruptcy Court, and the Trustee will file a motion to approve any such sale once there is a 

ratified contract for the Property.

Wherefore, Donald F. King, Trustee requests entry of a judgment pursuant to 11 U.S.C. 

§ 363(h) authorizing the Trustee to sell both the Bankruptcy Estate’s interest in the Colemans 

Lake Property as well as the interest of the Defendants upon presentation of a ratified contract of 

sale and motion for approval of that contemplated sale, for entry of an order requiring the 

Defendant to cooperate with the Trustee and his agents, including the real estate broker, in 

facilitating the marketing of the Property for sale, or alternatively, for entry of an order 

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permitting the Trustee and his agents to enter upon the Property for purposes of facilitating the 

sale of the Property, for an award of his attorneys fees and costs, and for such other and further 

relief as may be necessary.

COUNT II

IN THE ALTERNATIVE, ACTION TO SET ASIDE 

TRANSFER VOIDABLE BY A BONA FIDE PURCHASER

PURSUANT TO 11 U.S.C. §§ 544(a)(3), 550

28. The Plaintiff incorporates the allegations set forth in paragraphs 1 through 27.

29. The Trustee believes this Court can order the sale of the Colemans Lake Property 

pursuant to 11 U.S.C. § 363(h), but in the alternative, the Trustee believes any transfer or interest 

in the property is voidable pursuant to 11 U.S.C. § 544(a)(3).

30. Section 544(a)(3) of the Bankruptcy Code permits the trustee to avoid any transfer 

of property of the debtor or any obligation incurred by the debtor that is voidable by “a bona fide 

purchaser of real property . . . from the debtor, against whom applicable law permits such 

transfer to be perfected, that obtains the status of a bona fide purchaser and has perfected such 

transfer at the time of the commencement of the case, whether or not such a purchaser exists.”

31. The record owner of the Colemans Lake Property is Legacy Wealth Properties, 

LLC, which is an entity owned and controlled by the Debtors. 

32. A bona fide purchaser for value of the Colemans Lake Property, or the Debtors’

interest in Legacy Wealth Properties, LLC, which had perfected its interest, would be permitted 

to avoid any transfer of the Colemans Lake Property to Mary Ella Johnson.

33. A bona fide purchaser for value of the Colemans Lake Property, or the Debtors’

interest in Legacy Wealth Properties, LLC, which had perfected its interest, would also be 

permitted to avoid any obligations incurred by the Debtor or Legacy Wealth Properties, LLC to 

Mary Ella Johnson.

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34. To the extent any transfer of the property or obligation is avoided, the Plaintiff, on 

behalf of the Bankruptcy Estate, may recover the transferred property or the value of the 

transferred property from the Defendants pursuant to 11 U.S.C. § 550(a).

35. The Bankruptcy Estate has been damaged in an amount equal to the value of the 

transfers, plus attorneys’ fees, and costs of suit and collection.

Wherefore, Donald F. King, Trustee requests entry of a judgment: (a) avoiding the 

transfers pursuant to 11 U.S.C. § 544(a)(3); (b) awarding judgment in favor of the Plaintiff and 

against the Defendants pursuant to 11 U.S.C. § 550 in the amount of at least $203,500.00 plus 

pre- and post-judgment interest and legal fees and costs, as appropriate; and (c) granting such 

other relief as this Court deems appropriate.

COUNT III

IN THE ALTERNATIVE, ACTION TO COMPEL DISSOLUTION

OF LEGACY WEALTH PROPERTIES, LLC

UNDER VA. CODE § 13.1-1047 AND 11 U.S.C. § 541

36. The Plaintiff incorporates the allegations set forth in paragraphs 1 through 35.

37. Pursuant to 11 U.S.C. § 541, on the filing of a bankruptcy petition, the Debtors’ 

interest in any non-exempt litigation claim actions belong to the Bankruptcy Estate and may be 

brought by the Trustee.

38. As a result, the Trustee may bring claims available to the Debtors to wind-up and

dissolve Legacy Wealth Properties, LLC for the benefit of the LLC and its members.

39. Pursuant to Va. Code Ann. § 13.1-1047, on application by a member of a Virginia 

Limited Liability Company, a Court may decree dissolution of a limited liability company if it is 

not reasonably practicable to carry on the business in conformity with the articles of organization 

and any operating agreement.

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40. Due to financial hardship and the inability of Legacy Wealth Properties, LLC to 

pay its debts, it is not reasonably practicable to carry on the business of the company. 

41. As a result, the Court should authorize the Trustee to monetize the assets of 

Legacy Wealth Properties, LLC, including the Colemans Lake Property, wind up the company 

pursuant to Va. Code Ann. § 13.1-1048 and distribute the proceeds to any creditors of the 

company and its members pursuant to Va. Code Ann. § 13.1-1049.

Wherefore, Donald F. King, Trustee requests entry of a judgment pursuant to 11 U.S.C. 

§ 541 and Va. Code Ann. § 13.1-1047 authorizing the Trustee to wind-up Legacy Wealth 

Properties, LLC, sell the Colemans Lake Property upon presentation of a ratified contract of sale 

and motion for approval of that contemplated sale and to distribute the proceeds to the 

company’s creditors and members.

COUNT IV

IN THE ALTERNATIVE, RECOVERY OF PROPERTY UNDER VIRGINIA LAW

VOIDABLE ACTUALLY FRAUDULENT TRANSFERS

PURSUANT TO 11 U.S.C. §§ 544(b)(1), 550 & VA. CODE ANN. § 55.1-400

42. The Plaintiff incorporates the allegations set forth in paragraphs 1 through 41.

43. The Trustee does not believe that the Debtors or Legacy Wealth Properties ever 

transferred their interests in the Colemans Lake Property, but in the event the transfer occurred,

the transfer is avoidable.

44. Pursuant to 11 U.S.C. § 544(b)(1), the Plaintiff may avoid any transfer of interest 

of the Debtors in property that is voidable under state law by a creditor holding an allowable 

unsecured claim.

45. On October 29, 2016, the date the Consent was allegedly executed, the Debtors 

were indebted to one or more creditors holding an allowable unsecured claim (the “PreTransfer Creditors”).

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46. Those creditors specifically include the Internal Revenue Service, the City of 

Portsmouth, the Commonwealth of Virginia, Bank of America, and the Comptroller of 

Maryland.

47. The Internal Revenue Service filed a proof of claim in this case. Claim 7–1. That 

proof of claim discloses that the IRS is owed unpaid income tax for tax years 2010, 2011, 2012, 

2013, and 2014. Claim 7–1 at 5. The total income tax owed for these years total $332,567.40, not 

including interest.

48. At the time the Consent was allegedly executed, the Debtors knew that they owed 

unpaid taxes because the IRS had entered an assessment for the unpaid taxes for each of these 

tax years prior to October 29, 2016. Claim 7–1 at 5.

49. The IRS’s proof of claim also discloses that the Debtors were assessed civil 

penalties on November 12, 2012 for the 2nd, 3rd, and 4th Quarters of 2007; the 1st, 2nd, 3rd, and 

4th Quarters of 2008; the 1st, 2nd, 3rd, and 4th Quarters of 2009; and the 1st, 3rd, and 4th 

Quarters of 2012. Claim 7–1 at 4.

50. The tax due for these civil penalties at the time the Consent was purportedly 

executed totals $177,364.52, not including additional interest amounts. The amount remains 

owing to the Internal Revenue Service. Claim 7–1 at 4.

51. The Debtors were experiencing financial hardships at the time the Consent was 

executed.

52. The Debtors’ purported relinquishment of “any and all rights” to the Colemans 

Lake Property in favor of Mary Ella Johnson was a transfer of the Debtors’ interest in property.

53. This transfer described in Paragraph 52 was a conveyance given with the intent to 

delay, hinder or defraud creditors within the meaning of Va. Code Ann. § 55.1-400 and, pursuant 

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to that section, that transfer is voidable by unsecured creditors who were owed money by the 

Debtor on the date of the transfer, including each of the Pre-Transfer Creditors.

54. The Debtors’ execution of the Consent and any signing over of the Colemans 

Lake Property was also a transfer of the Debtors’ interest in property.

55. The transfers described in Paragraph 52 and Paragraph 54 were conveyances

given with the intent to delay, hinder or defraud creditors within the meaning of Va. Code Ann. 

§ 55.1-400 and, pursuant to that section, that transfer is voidable by unsecured creditors who 

were owed money by the Debtor on the date of the transfer, including each of the Pre-Transfer 

Creditors.

56. The transfers are thus avoidable by the Plaintiff pursuant to 11 U.S.C. 

§ 544(b)(1) and Va. Code Ann. § 55.1–400 and Va. Code Ann. § 55.1–404.

57. To the extent the transfers are avoided, the Plaintiff, on behalf of the Bankruptcy 

Estate, may recover the transferred property or the value of the transferred property from the 

Defendants pursuant to 11 U.S.C. § 550(a) and Va. Code Ann. § 55.1–400.

58. The Bankruptcy Estate has been damaged in an amount equal to the value of the 

transfers, plus attorney’s fees, and costs of suit and collection.

59. Pursuant to Va. Code Ann. § 55.1–403, the Bankruptcy Estate is entitled to an

award of attorney’s fees if the transfers are declared void. In addition, the Court may assess 

sanctions, including such attorney fees, against all parties over which it has jurisdiction who, 

with the intent to defraud and having knowledge of the judgment, participated in the conveyance.

Wherefore, Donald F. King, Trustee requests entry of a judgment: (a) avoiding the 

transfers pursuant to 11 U.S.C. § 544 and Va. Code Ann. §§ 55.1–400, 55.1–404; (b) awarding 

judgment in favor of the Plaintiff and against the Defendants pursuant to 11 U.S.C. § 550 and 

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Va. Code Ann. § 55.1-404 in the amount of at least $203,500.00 plus pre- and post-judgment 

interest and legal fees and costs, as appropriate; (c) awarding attorney’s fees pursuant to Va. 

Code Ann. § 55.1–403; and (d) granting such other relief as this Court deems appropriate.

COUNT V

IN THE ALTERNATIVE, RECOVERY OF PROPERTY UNDER VIRGINIA LAW

VOIDABLE CONSTRUCTIVELY FRAUDULENT TRANSFERS

PURSUANT TO 11 U.S.C. §§ 544(b)(1), 550 & VA. CODE ANN. § 55.1-401

60. The Plaintiff incorporates the allegations set forth in paragraphs 1 through 59.

61. The Trustee does not believe that the Debtors or Legacy Wealth Properties ever 

transferred their interests in the Colemans Lake Property, but in the event the transfer occurred,

the transfer is avoidable.

62. Pursuant to 11 U.S.C. § 544(b)(1), the Plaintiff may avoid any transfer of interest 

of the Debtor in property that is voidable under state law by a creditor holding an allowable 

unsecured claim.

63. On October 29, 2016, the date the Consent was allegedly executed, the Debtors 

were indebted to one or more of the Pre-Transfer Creditors.

64. The Debtors were experiencing financial hardships at the time the Consent was 

executed.

65. The transfers described in Paragraph 52 and Paragraph 54 were conveyances 

which were not upon consideration deemed valuable in law or were by an insolvent transferor or 

were by a transferor who was rendered insolvent by the conveyance or transfer within the 

meaning of Va. Code Ann. § 55.1-401.

66. The transfers are thus avoidable by the Plaintiff pursuant to 11 U.S.C. 

§ 544(b)(1) and Va. Code Ann. § 55.1–401 and Va. Code Ann. § 55.1–404.

67. To the extent the transfers are avoided, the Plaintiff, on behalf of the Bankruptcy 

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Estate, may recover the transferred property or the value of the transferred property from the 

Defendants pursuant to 11 U.S.C. § 550(a) and Va. Code Ann. § 55.1–401.

68. The Bankruptcy Estate has been damaged in an amount equal to the value of the 

transfers, plus attorneys’ fees, and costs of suit and collection.

69. Pursuant to Va. Code Ann. § 55.1–403, the Bankruptcy Estate is entitled to an 

award of attorney’s fees if the transfers are declared void. In addition, the Court may assess 

sanctions, including such attorney fees, against all parties over which it has jurisdiction who, 

with the intent to defraud and having knowledge of the judgment, participated in the conveyance.

Wherefore, Donald F. King, Trustee requests entry of a judgment: (a) avoiding the 

transfers pursuant to 11 U.S.C. § 544 and Va. Code Ann. §§ 55.1–401, 55.1–404; (b) awarding 

judgment in favor of the Plaintiff and against the Defendants pursuant to 11 U.S.C. § 550 and 

Va. Code Ann. § 55.1-404 in the amount of at least $203,500.00 plus pre- and post-judgment 

interest and legal fees and costs, as appropriate; (c) awarding attorney’s fees pursuant to Va. 

Code Ann. § 55.1–403; and (d) granting such other relief as this Court deems appropriate.

COUNT VI

RECOVERY OF PROPERTY

ACTUALLY FRAUDULENT TRANSFER

PURSUANT TO 11 U.S.C. §§ 548(a)(1)(A), 550

70. The Plaintiff incorporates the allegations set forth in paragraphs 1 through 69.

71. The Trustee does not believe that the Debtors or Legacy Wealth Properties ever 

transferred their interests in the Colemans Lake Property, but in the event the transfer occurred,

the transfer is avoidable.

72. The transfer of the Debtors’ interest in the Colemans Lake Property and/or 

Legacy Wealth Properties, LLC, as described in Paragraphs 52 and 54, were made with actual 

intent to hinder, delay, or defraud creditors to whom the Debtors were indebted at the time of the

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transfers and to whom the Debtors became indebted to after the date of the transfers.

73. The Bankruptcy Estate has been damaged in an amount equal to the value of the 

transfers, plus attorneys’ fees, and costs of suit and collection.

74. To the extent the transfers are avoided, the Plaintiff, on behalf of the Bankruptcy 

Estate, may recover the transferred property or the value of the transferred property from the 

Defendants pursuant to 11 U.S.C. § 550(a).

Wherefore, Donald F. King, Trustee requests entry of a judgment: (a) avoiding the 

transfers of and related to the Colemans Lake Property pursuant to 11 U.S.C. § 548; (b) awarding 

judgment in favor of the Plaintiff and against the Defendants pursuant to 11 U.S.C. § 550 in the 

amount of at least $203,500.00 plus pre- and post-judgment interest and legal fees and costs, as 

appropriate; and (c) granting such other relief as this Court deems appropriate.

COUNT VII

RECOVERY OF PROPERTY

CONSTRUCTIVELY FRAUDULENT TRANSFER

PURSUANT TO 11 U.S.C. §§ 548(a)(1)(B), 550

75. The Plaintiff incorporates the allegations set forth in paragraphs 1 through 74.

76. The Trustee does not believe that the Debtors or Legacy Wealth Properties ever 

transferred their interests in the Colemans Lake Property, but in the event the transfer occurred,

the transfer is avoidable.

77. The Debtors received less than reasonably equivalent value in exchange for the

transfer of the Debtors’ interest in the Colemans Lake Property and/or Legacy Wealth Properties, 

LLC, as described in Paragraphs 52 and 54.

78. The transfers were made while the Debtors were insolvent or the Debtors became 

insolvent as a result of the transfers.

79. The Bankruptcy Estate has been damaged in an amount equal to the value of the 

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transfers, plus attorneys’ fees, and costs of suit and collection.

80. To the extent the transfers are avoided, the Plaintiff, on behalf of the Bankruptcy 

Estate, may recover the transferred property or the value of the transferred property from the 

Defendants pursuant to 11 U.S.C. § 550(a).

Wherefore, Donald F. King, Trustee requests entry of a judgment: (a) avoiding the 

transfers of and related to the Colemans Lake Property pursuant to 11 U.S.C. § 548; (b) awarding 

judgment in favor of the Plaintiff and against the Defendants pursuant to 11 U.S.C. § 550 in the 

amount of at least $203,500.00 plus pre- and post-judgment interest and legal fees and costs, as 

appropriate; and (c) granting such other relief as this Court deems appropriate.

RELIEF REQUESTED

WHEREFORE, Plaintiff prays that this Court grant the Trustee the authority to sell both 

the Debtors’ interest in the Colemans Lake Property as well as the interest of the Defendants

upon presentation of a ratified contract of sale and motion for approval of that contemplated sale, 

for entry of an order requiring the Defendant to cooperate with the Trustee and his agents, 

including the Real Estate Broker, in facilitating the marketing of the Property for sale, or 

alternatively, for entry of an order permitting the Trustee and his agents to enter upon the 

Property for purposes of facilitating the sale of the Property, for an award of his attorneys fees 

and costs, and for such other and further relief as may be necessary.

In the alternative, Plaintiff prays pursuant to 11 U.S.C. § 541 and Va. Code § § 13.1-1047

for this Court to order relief permitting the wind-up of Legacy Wealth Properties, LLC or to set 

aside any transfer of the Debtors’ interest in Legacy Wealth Properties, LLC or the Colemans 

Lake Property pursuant to Virginia Code Va. Code § 55.1-400, 55.1-401 and 11 U.S.C. §§ 544,

548, and 550.

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Respectfully submitted,

DONALD F. KING, TRUSTEE

By Counsel

By: /s/ Bradley D. Jones

Bradley D. Jones (VSB No. 85095)

Counsel for Trustee

ODIN, FELDMAN & PITTLEMAN, P.C.

1775 Wiehle Avenue, Suite 400

Reston, Virginia 20190

Phone: (703) 218-2176

Fax: (703) 218-2160

Brad.Jones@ofplaw.com 

Counsel to the Chapter 7 Trustee

 #5028751v2 031070/002806

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