Office of United States Trustee

Kristen S. Eustis, Trial Attorney

1725 Duke Street, Suite 650

Alexandria, VA 22314

(703) 557-7227

kristen.s.eustis@usdoj.gov

Page 1 of 6

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Alexandria Division

In re:

JOHN KIRIAKOU,

 Debtor.

Case No. 20-10934-KHK

 Chapter 7

UNITED STATES TRUSTEE’S MOTION TO EXTEND TIME 

TO FILE A COMPLAINT OBJECTING TO DISCHARGE OF THE DEBTOR

Comes Now, John P. Fitzgerald, III, Acting United States Trustee for Region Four, and, 

pursuant to Bankruptcy Rules 4004(b), hereby requests an extension of time to file a complaint 

objecting to the discharge of the debtor pursuant to 11 U.S.C. § 727. In support of his motion the 

Acting United States Trustee states the following:

1. The Debtor commenced this proceeding by filing a petition for relief under 

Chapter 7 of the Bankruptcy Code on March 27, 2020 (Doc. No. 1).

2. On April 15, 2020, the Debtor filed his Individual Schedule(s) and/or 

Statement(s), Lists (Doc. No. 20). The Debtor signed each of the documents under penalty of 

perjury. Id. at pp. 22, 29 of 50.

3. Donald F. King (the “Trustee”) was appointed the interim chapter 7 trustee and a 

341(a) Meeting of creditors was scheduled for and held on April 23, 2020 (Doc. No. 4). Pursuant 

to Bankruptcy Rule 4004(a), the last day for filing a complaint objecting to the discharge of the 

Debtor was June 22, 2020 (Doc. No. 4). 

4. On April 24, 2020, the Trustee issued his Report of No Distribution (Doc. No.

24).

Case 20-10934-KHK Doc 86 Filed 08/28/20 Entered 08/28/20 13:20:42 Desc Main

Document Page 1 of 6
Page 2 of 6

5. Thereafter, on May 11, 2020, the Debtor filed Amended Schedules which

disclosed additional, previously undisclosed assets (Doc. No. 26). These assets included an

“Andy Warhol lithograph painting” valued at $5,000 and a “claim against Heather Kirakou for

attorney fees incurred during custody and protective order proceedings” valued at “unknown.

6. On June 12, 2020, the Debtor further amended his schedules to include additional

claims and causes of actions against certain defendants in the proceeding Kiriakou v. Bamford et

al. 1:20-cv-00662 (EDVA). These claims are valued at “unknown”. Doc. No. 37. The Debtor

also disclosed that Norman A. Thomas, PLLC is holding $21,000 in an attorney trust account. Id.

7. On July 9, 2020, the Debtor further amended his schedules to include three

additional lithograph paintings with a total combined value of $4,600, a “strip of wallpaper from

Abraham Lincoln’s death room” valued at $1,600, and other collectables. Doc. No. 54.

8. On June 11, 2020 the Debtor filed a Motion to Convert the Case to Chapter 13

(Doc. No. 36), which motion was opposed by Heather Kiriakou (Doc. No. 48). A hearing was

held to consider the motion to convert and opposition on July 14, 2020, whereat the Court denied

the motion to convert the case to Chapter 13 finding bad faith on the part of the Debtor. An

Order memorializing the ruling was entered on July 15, 2020 (Doc. No. 59).

9. The Debtor thereafter filed a motion to dismiss the case on July 20, 2020 (Doc.

No. 69).

10. On July 22, 2020 the Trustee withdrew his report of no distribution (Doc. No. 71)

and opposed the Debtor’s Motion to Dismiss based upon the assets disclosed on the Debtor’s

Amended Schedules that could potentially be liquidated for the benefit of the Debtor’s creditor.

Doc. No. 79. A hearing was held on August 25, 2020 to consider the Debtor’s Motion to

Dismiss and the Court took the matter under advisement.

Case 20-10934-KHK Doc 86 Filed 08/28/20 Entered 08/28/20 13:20:42 Desc Main

Document Page 2 of 6
Page 3 of 6

11. Bankruptcy Rule 4004(b) provides that the time period for filing a complaint 

objecting to a debtor’s discharge can be extended for cause upon the motion of any party in

interest.

12. Bankruptcy Rule 4004(b)(2) further provides that the motion to extend time may

be filed after the time for objection has expired and before a discharge is granted if:

(A) The objection is based on facts that, if learned after the discharge, would

provide a basis for revocation under 727(d) of the Code, and

(B) The movant did not have knowledge of those facts in time to permit an

objection.

13. Section 727(d) of the Code provides:

(d) On request of the trustee, a creditor, or the United States trustee, and after notice and a 

hearing, the court shall revoke a discharge granted under subsection (a) of this section

if—

(1) such discharge was obtained through the fraud of the debtor, and the requesting party 

did not know of such fraud until after the granting of such discharge;

(2) the debtor acquired property that is property of the estate, or became entitled to 

acquire property that would be property of the estate, and knowingly and fraudulently 

failed to report the acquisition of or entitlement to such property, or to deliver or

surrender such property to the trustee;

(3) the debtor committed an act specified in subsection (a)(6) of this section; or

(4) the debtor has failed to explain satisfactorily—

(A) a material misstatement in an audit referred to in section 586(f) of title 28; or

(B) a failure to make available for inspection all necessary accounts, papers,

documents, financial records, files, and all other papers, things, or property belonging to 

the debtor that are requested for an audit referred to in section 586(f) of title 28.

14. As set forth above, the United States Trustee has received information regarding 

the veracity of the schedules and statements filed by the Debtor which warrants further 

investigation and review. Specifically, since filing his original schedules and statement of

financial affairs on April 15, 2020, the Debtor has amended his schedules three additional times

to disclose additional and valuable assets. Three of those amendments occurred after the 341

Case 20-10934-KHK Doc 86 Filed 08/28/20 Entered 08/28/20 13:20:42 Desc Main

Document Page 3 of 6
Page 4 of 6

meeting of creditors was held in this case and after the Chapter 7 Trustee had filed his report of

no distribution. The last of the three amendments, which disclosed a number of previously

undisclosed pieces of artwork and collectables, was filed after the deadline to object to the

Debtor’s discharge had passed. Accordingly, the Trustee and the United States Trustee did not

have knowledge of these facts in time to permit a timely objection to the Debtor’s discharge and

these facts would provide a basis for revocation under section 727(d).

15. The United States Trustee requests additional time so that he can complete his 

investigation of the circumstances in this case, and conduct a 2004 examination of the Debtor,

which will enable him to determine whether filing a complaint objecting to the discharge of the

Debtor is warranted in this case.

16. Extensions of time for objecting to discharge should be granted liberally absent a

clear showing of bad faith on the part of the party requesting the extension. In re Kellogg, 41

B.R. 836, 838 (Bankr. W.D. OK 1984).

17. In addition, the granting of the requested extension will not prejudice the debtor in

any way and will not impede the efficient administration of the case. In re Knobel, 54 B.R. 458,

461 (Bankr. D. Col. 1985)(extension of time to object to debtor's discharge granted where

extension requested by creditor was not made in bad faith, the delay as a result of the extension

is insubstantial and would not adversely affect the administration of the case, and the extension

would not result in any prejudice to the debtor).

18. The United States Trustee requests an extension of 120 days from the date of

entry of any order granting this Motion, for the United States Trustee to file a complaint 

objecting to the discharge of the Debtor pursuant to 11 U.S.C. § 727.

WHEREFORE, THE UNITED STATES TRUSTEE MOVES THE COURT TO: 

Case 20-10934-KHK Doc 86 Filed 08/28/20 Entered 08/28/20 13:20:42 Desc Main

Document Page 4 of 6
Page 5 of 6

1. Extend the time for filing a complaint objecting to the discharge of the Debtor to a

date that is 120 days after the date of entry of any order granting this Motion;

2. Grant such further relief as the Court may deem just and fair.

August 28, 2020 JOHN P. FITZGERALD, III

ACTING U.S. TRUSTEE, REGION 4

By: /s/ Kristen S. Eustis

Kristen S. Eustis

VA Bar No. 89729

Trial Attorney

Office of United States Trustee

1725 Duke Street, Suite 650

Alexandria, VA 22314

(703) 557-7227

kristen.s.eustis @usdoj.gov

Case 20-10934-KHK Doc 86 Filed 08/28/20 Entered 08/28/20 13:20:42 Desc Main

Document Page 5 of 6
Page 6 of 6

CERTIFICATE OF SERVICE

I hereby certify that on August 28, 2020, I electronically filed the foregoing motion to 

extend time with the Clerk of the Court and transmitted a true and correct copy of said 

documents electronically through the electronic case filing system or by first class United States 

mail, postage prepaid to the following:

John Kiriakou

1904 N. Daniel St.

Arlington, VA 22201

Debtor

Ashvin Pandurangi

Vivona Pandurangi, PLC

211 Park Ave.

Falls Church, VA 22046

Email: notices@vpbklaw.com

Counsel for Debtor

Bradley D. Jones

Odin, Feldman & Pittleman, P.C.

1775 Wiehle Avenue, Suite 400

Reston, VA 20190

Email: Brad.Jones@ofplaw.com

Counsel to Chapter 7 Trustee

Donald F. King

1775 Wiehle Avenue, Suite 400

Reston, VA 20190

Email: Kingtrustee@ofplaw.com

Chapter 7 Trustee

/s/ Paula Blades

Paula Blades

Paralegal Specialist

Case 20-10934-KHK Doc 86 Filed 08/28/20 Entered 08/28/20 13:20:42 Desc Main

Document Page 6 of 6