Suzanne E. Wade, Chapter 13 Trustee

Virginia State Bar Number 31868

7202 Glen Forest Dr., Suite 202

Richmond, VA 23226

(804) 775-0979

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

In re: Michelle Evonne Williams Case No. 18-35407-KRH

Debtor Chapter 13

MOTION TO VACATE DISCHARGE AND NOTICE OF HEARING

COMES NOW Suzanne E. Wade, Chapter 13 Trustee (“the Trustee”), and moves this Court to 

vacate the discharge entered February 9, 2024, as follows:

1. On October 16, 2018, Debtor filed a petition for relief under Chapter 13 of Title 11 of the Bankruptcy 

Code.

2. Debtor’s Schedule A/B listed her residence located at 3212 Kim Drive, N. Chesterfield, Virginia 23224, 

as having a value of $123,300. 

3. Debtor’s Plan, as amended, was confirmed by Order entered April 10, 2019. The Plan provided that 

Debtor would make ongoing mortgage payments to Wells Fargo Bank, N.A. (“Wells Fargo”) whose lien 

was secured by Debtor’s residence. 

4. Wells Fargo first obtained relief from stay on March 17, 2020. Following the Covid-19 related pause in 

foreclosure activity, Wells Fargo obtained relief from stay on February 14, 2022. 

5. Debtor’s motion to approve a loan modification was granted by Order entered December 23, 2022.

6. On May 4, 2023, the Trustee filed a Motion to Dismiss the instant case due to Debtor’s default on the plan 

payments.

7. Prior to resolution of the Motion, Debtor sought a Hardship Discharge by motion filed October 31, 2023

(“the Motion”).

8. At a hearing held January 10, 2024, the Court denied the Trustee’s Motion to Dismiss without prejudice 

and granted the Debtor’s Motion for Hardship Discharge. 

9. The Order Granting the Motion for Hardship Discharge was entered on February 9, 2024.

10. On February 15, the Trustee’s office received an email from a title company seeking the Trustee’s 

authorization for the Debtor to sell her residence for $275,000.00. Attached to the email was the purchase 

contract dated January 16, 2024. The Trustee’s office forwarded the email to Debtor’s counsel, and 

informed the title company representative that it was not the Trustee, but the Court that could approve the 

sale and directed the representative to contact Debtor’s counsel. 

Case 18-35407-KRH Doc 100 Filed 05/10/24 Entered 05/10/24 14:48:44 Desc Main

Document Page 1 of 6
Suzanne E. Wade, Chapter 13 Trustee

Virginia State Bar Number 31868

7202 Glen Forest Dr., Suite 202

Richmond, VA 23226

(804) 775-0979

11. The last plan payment was disbursed by the Trustee on February 22, 2024. 

12. On May 8, 2024, the Trustee’s office followed up with the title company to see if the sale was still 

pending, noting that a Motion to Sell had not been filed. The response from the title company confirmed 

the sale occurred but that it was after the discharge order was entered.

13. The Trustee contacted Debtor’s counsel expressing concern that the Debtor may have received a large 

amount of proceeds from the sale of her residence shortly after the hardship discharge was entered.

14. The Trustee suggests that after Debtor filed the Motion asserting a plan modification was not feasible, and 

prior to the hearing on the Motion, Debtor was aware of the possibility of paying her creditors through the 

sale of her residence. The Motion, therefore, was no longer accurate and should have been withdrawn. 

WHEREFORE, the Chapter 13 Trustee respectfully requests the Court vacate the discharge and grant such 

other relief the Court deems necessary. 

Date: May 10, 2024 /s/ Suzanne E. Wade

Suzanne E. Wade, Chapter 13 Trustee

CERTIFICATE OF SERVICE

I hereby certify that on May 10, 2024, a true copy of the foregoing MOTION TO DISMISS 

WITHOUT A DISCHARGE was served electronically or by first-class mail, postage prepaid, upon the 

following parties:

Michelle Evonne Williams

3212 Kim Drive

Richmond, VA 23224

Patrick Thomas Keith, Counsel for Debtor

Boleman Law Firm PC

P.O. Box 11588

Richmond, VA 23230

ecf@bolemanlaw.com

Michelle Rene Ghidotti-Gonsalves, Counsel for U.S. Bank NA as trustee for 

 RMTP Trust, Series 2021 BKM-TT

Ghidotti Berger LLP

1920 Old Tustin Ave.

Santa Ana, CA 92705

mghidotti@ghidottilaw.com

Case 18-35407-KRH Doc 100 Filed 05/10/24 Entered 05/10/24 14:48:44 Desc Main

Document Page 2 of 6
Suzanne E. Wade, Chapter 13 Trustee

Virginia State Bar Number 31868

7202 Glen Forest Dr., Suite 202

Richmond, VA 23226

(804) 775-0979

Mary F. Balthasar Lake, Counsel for Wells Fargo Bank, N.A.

BWW Law Group, LLC

8100 Three Chopt Road, Ste 240

Richmond, VA 23229

Mary.Lake@bww-law.com

Andrew Todd Rich, Counsel for US Bank NA, as trustee for RMTP Trust, Series 2021 BKM-TT

McMichael Taylor Gray

3550 Engineering Drive, Ste 260

Peachtree Corner, GA 30072

trich@mtglaw.com

Keith M. Yacko, Counsel for US Bank NA, as trustee for RMAC Trust, Series 2018 G-CTT

McMichael Taylor Gray

3550 Engineering Drive, Ste 260

Peachtree Corner, GA 30072

kyacko@mtglaw.com

/s/ Suzanne E. Wade

Suzanne E. Wade, Chapter 13 Trustee

Case 18-35407-KRH Doc 100 Filed 05/10/24 Entered 05/10/24 14:48:44 Desc Main

Document Page 3 of 6
Suzanne E. Wade, Chapter 13 Trustee

Virginia State Bar Number 31868

7202 Glen Forest Dr., Suite 202

Richmond, VA 23226

(804) 775-0979

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

In re: Michelle Evonne Williams Case No. 18-35407-KRH

Debtor Chapter 13

Address: 3212 Kim Drive

Richmond, VA 23224

SSN: xxx-xx-4902

NOTICE OF MOTION AND NOTICE OF HEARING

Suzanne E. Wade, Chapter 13 Trustee, has filed a motion with the Court requesting that your 

discharge be vacated.

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 with one).

UNDER LOCAL BANKRUPTCY RULE 9013-1, UNLESS A WRITTEN RESPONSE IN 

OPPOSITION TO THIS MOTION AND SUPPORTING MEMORANDUM ARE FILED WITH 

THE CLERK OF COURT AND SERVED ON THE MOVING PARTY WITHIN 21 DAYS OF 

THE SERVICE OF THIS NOTICE, THE COURT MAY DEEM ANY OPPOSITION WAIVED, 

AND TREAT THE MOTION AS CONCEDED.

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 within 21 days of the service of this motion, you or your 

attorney must:

__x__ File with the Court at the address shown below, a written response pursuant to Local 

Bankruptcy Rule 9013(H). If you mail your 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

United States Bankruptcy Court

701 East Broad Street, Suite 4000

Richmond, VA 23219

Case 18-35407-KRH Doc 100 Filed 05/10/24 Entered 05/10/24 14:48:44 Desc Main

Document Page 4 of 6
Suzanne E. Wade, Chapter 13 Trustee

Virginia State Bar Number 31868

7202 Glen Forest Dr., Suite 202

Richmond, VA 23226

(804) 775-0979

You must also mail a copy to:

Suzanne E. Wade, Chapter 13 Trustee

7202 Glen Forest Drive, STE 202

Richmond, VA 23226

X Attend the hearing on the Motion, scheduled to be held on June 12, 2024 at 12:00 p.m. at 

United States Bankruptcy Court, 701 East Broad Street, Room 5000, Richmond, Virginia, 

23219.

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.

Dated: May 10, 2024 /s/ Suzanne E. Wade

 Suzanne E. Wade, Chapter 13 Trustee

CERTIFICATE OF SERVICE

I hereby certify on May 10, 2024, a true copy of the foregoing NOTICE OF MOTION AND 

NOTICE OF HEARING was served electronically or by first-class mail, postage prepaid, upon the 

following parties:

Michelle Evonne Williams

3212 Kim Drive

Richmond, VA 23224

Patrick Thomas Keith, Counsel for Debtor

Boleman Law Firm PC

P.O. Box 11588

Richmond, VA 23230

ecf@bolemanlaw.com

Michelle Rene Ghidotti-Gonsalves, Counsel for U.S. Bank NA as trustee for 

 RMTP Trust, Series 2021 BKM-TT

Ghidotti Berger LLP

1920 Old Tustin Ave.

Santa Ana, CA 92705

mghidotti@ghidottilaw.com

Case 18-35407-KRH Doc 100 Filed 05/10/24 Entered 05/10/24 14:48:44 Desc Main

Document Page 5 of 6
Suzanne E. Wade, Chapter 13 Trustee

Virginia State Bar Number 31868

7202 Glen Forest Dr., Suite 202

Richmond, VA 23226

(804) 775-0979

Mary F. Balthasar Lake, Counsel for Wells Fargo Bank, N.A.

BWW Law Group, LLC

8100 Three Chopt Road, Ste 240

Richmond, VA 23229

Mary.Lake@bww-law.com

Andrew Todd Rich, Counsel for US Bank NA, as trustee for RMTP Trust, Series 2021 BKM-TT

McMichael Taylor Gray

3550 Engineering Drive, Ste 260

Peachtree Corner, GA 30072

trich@mtglaw.com

Keith M. Yacko, Counsel for US Bank NA, as trustee for RMAC Trust, Series 2018 G-CTT

McMichael Taylor Gray

3550 Engineering Drive, Ste 260

Peachtree Corner, GA 30072

kyacko@mtglaw.com

/s/ Suzanne E. Wade

Suzanne E. Wade, Chapter 13 Trustee

Case 18-35407-KRH Doc 100 Filed 05/10/24 Entered 05/10/24 14:48:44 Desc Main

Document Page 6 of 6