James E. Kane (VSB #30081) 

KANE & PAPA, P.C. 

1313 East Cary Street 

Richmond, Virginia 23219 

Telephone: (804) 225-9500 

Facsimile: (804) 225-9598 

Email: jkane@kaneandpapa.com 

Counsel for Plaintiffs

IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

Richmond Division 

 

IN RE: ) 

 ) 

JAMES RONALD RITCHIE ) Case No. 18-30764-KLP 

THERESA ANN RITCHIE ) Chapter 13 

 ) 

 Debtors ) 

 

JAMES RONALD RITCHIE ) 

THERESA ANN RITCHIE ) 

 ) 

 Plaintiffs, ) 

 ) 

v. ) APN: 20-________________ 

 ) 

OLGA RITCHIE ) 

3102 E. Laburnum Ave. ) 

Richmond, VA 23223 ) 

 ) 

and ) 

 ) 

MOMENTUM TITLE, LLC ) 

c/o Griffin Scott Dunham, R/A ) 

1704 Charlotte Ave., Suite 105 ) 

Nashville, TN 37203 ) 

 ) 

 Defendants. ) 

COMPLAINT FOR TURNOVER OF PROPERTY OF THE ESTATE 

COME NOW the Plaintiffs, James Ronald Ritchie and Theresa Ann Ritchie (also referred 

to herein as “Debtors”), by counsel, and as and for their Complaint to Turnover Property of the 

Estate, state as follows: 

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PARTIES, VENUE AND JURISDICTION 

1. This Court has jurisdiction pursuant to 28 U.S.C. § 1334, since the dispute arises 

as a result of, and is related to, the above-referenced matter.

 2. This is a core proceeding within the meaning of 28 U.S.C. § 157. 

3. This is an Adversary Proceeding within the meaning of Rule 7001 of the 

Bankruptcy Rules. 

4. On or about February 17, 2018, the Debtors filed for relief under Chapter 13 of 

the U.S. Bankruptcy Code. The Debtors’ Chapter 13 Plan has been confirmed and all property 

of the bankruptcy estate has re-vested in the Debtors. 

5. Defendant, Olga Ritchie is the ex-wife of Plaintiff, James Ronald Ritchie and a 

resident of the Commonwealth of Virginia. Defendant Momentum Title, LLC is a Tennessee 

limited liability company. 

FACTS 

6. During the marriage of Olga Ritchie and James Ronald Ritchie, a son was born in 

1971 by the name of James Ronald Ritchie, Jr. Plaintiff, James Ronald Ritchie had been 

estranged from James Ronald Ritchie, Jr. and Defendant Olga Ritchie for many years. 

 7. On or about May 18, 2020, James Ronald Ritchie, Jr., died intestate leaving 

Defendant Olga Ritchie and Plaintiff, James Ronald Ritchie, as his only heirs. A copy of James 

Ronald Ritchie, Jr.’s death certificate is attached hereto as Exhibit “A” and is incorporated 

herein by this reference. 

 8. At the time of his death, James Ronald Ritchie, Jr. was the fee simple owner of 

real estate and improvements located in Nashville, TN known as 7929 Kirkfield Drive, 

Nashville, TN, more particularly described as 

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Land in Davidson County, Tennessee, being Lot No. 90, on the Plan of Section 

One, Phase Three, 2nd Addition to Sugar Valley, of record in Plat at Instrument 

No. 20071214-0143931, in the Register’s Office for Davidson County, 

Tennessee, to which Plan reference is hereby made for a more complete 

description of the property. 

(“Property”). 

 9. The current assessed value of the Property is $302,600.00. A copy of the current 

assessment is attached here as Exhibit “B” and is incorporated herein by this reference. 

 10. Plaintiff, James Ronald Ritchie, is an elderly gentleman who is gravely ill and 

dealing with end of life issues. He has difficulty speaking and understanding others. 

 11. On or about August 10, 2020, Plaintiff, James Ronald Ritchie, received a 

telephone call from a title company from Nashville, TN. 

 12. It was Mr. Ritchie’s understanding that the title company needed him to sign an 

affidavit in connection with his son’s death in order to avoid having to be responsible for his 

son’s death and to avoid having to appear in court in Tennessee. Being fearful of having to incur 

new debt and from being forced to travel to Tennessee with his failing health, Mr. Ritchie 

verbally agreed to sign the document. 

 13. The following day, August 11, 2020, a notary public appeared at Mr. Ritchie’s 

home, presented him with a document he believed to be the affidavit previously discussed, and 

Mr. Ritchie signed the same. 

 14. At no time during the aforesaid process did Mr. Ritchie have the benefit of 

counsel to review the document, nor was it suggested by the title company’s representative. 

 15. Later that day, after Mr. Ritchie had signed the document with the notary, his 

wife, Theresa Ann Ritchie sent the undersigned counsel an email expressing concerns about the 

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situation. Unfortunately, the undersigned counsel was out of town the week of August 10 and 

unable to respond. 

 16. On August 13, 2020, the undersigned counsel was copied on an email from the 

title company to Mrs. Ritchie with an attachment of the document signed by Mr. Ritchie. It was 

only at that time that the Plaintiffs realized that Mr. Ritchie did not sign an affidavit as 

represented, but instead signed a Quitclaim Deed conveying all of his interest in the Property to 

Defendant Olga Ritchie, for no consideration. A copy of said email and Quitclaim Deed is 

attached hereto as Exhibit “C” and incorporated herein by this reference. 

 17. After communicating several time with the title company, it was discovered by 

the undersigned counsel that upon receiving the Quitclaim Deed, on August 13, 2020, Olga 

Ritchie sold the Property to a third party for $379,950.00. A copy of the Settlement Statement 

and Warranty Deed are attached hereto collectively as Exhibit “D” and are incorporated herein 

by this reference. 

 18. According to the Settlement Statement, after paying off the debt on the Property 

and closing costs, the net proceeds from the sale of the Property are $87,230.64 (“Proceeds”). 

 19. The Proceeds are currently being held in escrow by Defendant Momentum Title, 

LLC. Momentum Title informed the undersigned that, under Tennessee law, due to the Property 

being obtained by intestate succession, the Proceeds will need to be held in escrow for six (6) 

months from the date of death and cannot be released until November 19, 2020. 

COUNT I (Turnover of Property of the Estate) 

 20. The Plaintiffs hereby incorporate and restate the allegations contained in 

Paragraphs 1 through 19. 

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 21. Not less than one half (1⁄2) of the Proceeds and any other assets owned by James 

Ronald Ritchie, Jr. at the time of his death are assets of the Debtors’ bankruptcy estate. See 

Carroll v. Logan, 735 F.3d 147 (4th Cir. 2013). 

22. The Quitclaim Deed conveying the Property to Defendant Olga Ritchie is void 

and/or voidable as it was procured by improper means, by fraud and misrepresentation, and 

without Court approval as required by the terms of the Debtors’ confirmed Chapter 13 Plan. 

COUNT II (Constructive Trust and Accounting) 

 23. The Plaintiffs hereby incorporate and restate the allegations contained in 

Paragraphs 1 through 22. 

 24. The Plaintiffs are entitled to have a constructive trust placed upon the Proceeds 

and any other assets owned by James Ronald Ritchie, Jr. at the time of his death. 

25. The Plaintiffs are entitled to an accounting by Olga Ritchie of all other assets 

owned by James Ronald Ritchie, Jr. 

COUNT III (Injunctive Relief) 

 26. The Plaintiffs hereby incorporate and restate the allegations contained in 

Paragraphs 1 through 25. 

27. There is an actual and justiciable controversy between the parties as to rights of 

the parties in this case. 

28. The Plaintiffs are entitled to an immediate injunction prohibiting Defendant 

Momentum Title, LLC from disbursing any of the Proceeds until this adversary proceeding has 

been fully adjudicated. 

29. The Plaintiffs state that they are entitled to Injunctive Relief because: 

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(a) They have has clearly shown that they are likely to prevail on the merits of this 

adversary proceeding; 

(b) Injunctive relief is necessary to maintain the status quo and to prevent loss of 

assets of the bankruptcy estate during the pendency of this adversary proceeding; 

(c) The Plaintiffs have clearly shown that they will suffer, absent injunctive relief, 

irreparable injury for which there is no adequate remedy at law; and 

(d) The balance of equities is weighed in favor of the Plaintiffs for injunctive relief as 

they stand to suffer irreparable injury if Momentum Title, LLC is not enjoined from disbursing 

the Proceeds while, on the other hand, Momentum Title, LLC will sustain no losses if subject to 

the injunction as they are the holding the Proceeds in their capacity as escrow agent and have no 

stake in the outcome of this adversary proceeding. 

(e) Granting a temporary injunction herein is in the public interest. 

RELIEF REQUESTED 

 WHEREFORE, the Plaintiffs respectfully request that this Court grant judgment as 

follows: 

a. Ordering that not less than one half (1⁄2) of the Proceeds and any other assets 

owned by James Ronald Ritchie, Jr. at the time of his death are assets of the Debtors’ bankruptcy 

estate and that the same be immediately turned over to the Chapter 13 Trustee in this case. 

b. Imposing a constructive trust be imposed on the Proceeds and any other assets 

owned by James Ronald Ritchie, Jr. at the time of his death. 

c. Ordering Defendant Olga Ritchie to provide a full accounting to the Court of all 

assets owned by James Ronald Ritchie, Jr. at the time of his death. 

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d. Enjoining Defendant Momentum Title, LLC from disbursing any of the Proceeds 

until this adversary proceeding has been fully adjudicated. 

e. Ordering such other relief as the Court may deem appropriate. 

Dated: August 28, 2020 

Respectfully Submitted, 

 JAMES RONALD RITCHIE 

 THERESA ANN RITCHIE 

 

 By: /s/ James E. Kane 

 James E. Kane (VSB #30081) 

KANE & PAPA, P.C. 

1313 East Cary Street 

Richmond, Virginia 23219 

Telephone: (804) 225-9500 

Facsimile: (804) 225-9598 

Email: jkane@kaneandpapa.com 

Counsel for Plaintiffs 

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Map & Parcel: 181 01 0B 262.00

Location: 7929 KIRKFIELD DR

Current Owner: RITCHIE, JAMES RONALD & OLGA

GENERAL PROPERTY INFORMATION

Card 1 of 1

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Mailing Address: 7929 KIRKFIELD DR, NASHVILLE, TN 37211

Legal Description: LOT 90 SUGAR VALLEY SECT 1 PH 3 2ND ADDITION

(https://www.padctn.org/prc/Image_2020_May\240000\44001.JPG)

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Tax District: GSD View Tax Record (https://nashville-tn.mygovonline.com/mod.php?

mod=propertytax&mode=public_lookup)

Assessment Classification*: RES

Legal Reference: 20200814-0091480 View Deed

(https://www.davidsonportal.com/gis/file.php?file=202008140091480)

Sale Date: 05/18/2020

Sale Price: $0

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TOTAL PROPERTY 

APPRAISAL / ASSESSMENT

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Assessment Year: 2020

Last Reappraisal Year: 2017

Improvement Value: $247,600

Land Value: $55,000

Total Appraisal Value: $302,600

Assessed Value: $75,650

Property Use: SINGLE FAMILY

Zone: 1

Neighborhood: 6331

Land Area: 0.15 Acres

GENERAL ATTRIBUTES - CARD 1

Property Type: SINGLE FAM

Year Built: 2014

Square Footage: 2,614

Exterior Wall: BRICK/FRAME

Story Height: TWO STY

Building Condition: Average

Foundation Type: CRAWL

Number of Rooms: 8

Number of Beds: 3

Number of Baths: 2

Number of Half Bath: 1

Number of Fixtures: 12

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