IN THE UNITED STATES BANKRUPTCY COURT

Eastern District of Virginia

Richmond Division

In re: Melody Yvonne Kirven

Debtor

Case No. 17-34172-KLP

Chapter 13

Address: 612 Pollock Street

Richmond, VA 23222

Last four digits of Social Security No: xxx-xx-4393 (Debtor) 

NOTICE OF MOTION TO CONTINUE THE AUTOMATIC STAY AND HEARING

The above named Debtor has filed a Motion to Continue the Automatic Stay in 

this bankruptcy case.

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 thereon will be held on the 

above-referenced Motion at the United States Bankruptcy Court, in the Honorable 

Keith L. Phillips’s Courtroom, 701 E. Broad Street, Room 5100, Richmond, VA

23219-3515, on September 6, 2017, at 10:00 a.m.

If you do not want the Court to grant the above-referenced Motion, then no later 

than 7 days before the date of the hearing, you or your attorney must: 

File with the Court a written answer explaining your position at:

Clerk of Court

United States Bankruptcy Court

701 E. Broad Street, Suite 4000

Richmond, VA 23219-3515

If you mail your response to the Court for filing, you must mail it to the address 

listed immediately above and early enough so that the Court will receive it within the 

time period stated above.

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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You must also send 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.

Dated: August 22, 2017 BOLEMAN LAW FIRM, P.C.

Counsel for Debtor

By: /s/ Amanda Erin DeBerry

Amanda Erin DeBerry (VSB#83805)

Boleman Law Firm, P.C.

P.O. Box 11588

Richmond, VA 23230-1588

Telephone (804) 358-9900

Counsel for Debtor

CERTIFICATE OF SERVICE

I certify that on August 22, 2017 I have transmitted a true copy of the foregoing 

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

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 

on the mailing matrix attached hereto.

/s/ Amanda Erin DeBerry

Counsel for Debtor

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IN THE UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Richmond Division

In re: Melody Yvonne Kirven Case No. 17-34172-KLP

Debtor Chapter 13

MOTION TO CONTINUE AUTOMATIC STAY AND

MEMORANDUM IN SUPPORT THEREOF

COMES NOW MELODY YVONNE KIRVEN (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 August 18, 2017 (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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May 5, 2017, and dismissed on August 4, 2017 (Case No. 17-32358). The previous 

case was dismissed by the Court because of failure to commence plan payments. Ms. 

Kirven’s employer was having administrative issues and she did not receive regular 

paychecks immediately following the commencement of her case, which meant that she 

could not make her plan payments timely. 

6. Ms. Kirven has been a debtor in seven additional prior bankruptcy cases. 

The first was filed April 6, 1993 and discharged July 23, 1993 (Case No. 93-31491). The 

second was filed November 15, 1996 and dismissed May 14, 1997 (Case No. 96-

36413). The third was filed May 16, 1997 and dismissed July 10, 1997 (Case No. 97-

33406). The fourth was filed July 17, 1997 and dismissed March 11, 1998 (Case No. 

97-34981). The fifth was filed March 17, 1998 and dismissed June 22, 1998 (Case No. 

98-31996). The sixth was filed June 27, 2000 and dismissed Octoer 12, 2000 (Case No. 

00-33639). The seventh was filed October 29, 2008 and discharged June 25, 2013 

(Case No. 08-35406). 

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, $340.00 per month, for 

a period of 60 months. 

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

through the Trustee to Credit Acceptance and Loan Smart for vehicles; to Schewel 

Furniture for personal proeprty; to the IRS, City of Richmond, and Henrico County for 

certain tax debts; Debtor's unsecured creditors will receive a reasonable dividend based 

on her best efforts to pay. 

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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 September 17, 2017, 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 

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 

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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). 

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 

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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 5% 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. 

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

as a medical assistant at ISWLC. A significant positive change in the Debtor’s financial 

circumstances has also taken place since the dismissal of the previous case. 

Specifically, Ms. Kirven's employer has resumed providing regular paychecks and the 

administrative issues have been resolved 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. Kirven has been 

with her current employer since 2015 Application of this factor favors a finding of good 

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faith.

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

unsecured debts are estimated to be approximately $31,894.08. 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 

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 

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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 

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 

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

WHEREFORE, for the foregoing reasons, MELODY YVONNE KIRVEN

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.

Respectfully submitted,

MELODY YVONNE KIRVEN

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 August 22, 2017, 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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Office of the US Trustee

701 E. Broad Street

Room 4304

Richmond, VA 23219

Andre S. Kirven, Sr.

612 Pollock St

Richmond, VA 23222

Bank of America

1100 North King Street

Wilmington, DE 19884-2211

BB&T

Attn: Bankruptcy Dept

P.O. Box 1847

Wilson, NC 27894

City of Richmond - TAX

City Hall

900 E. Broad Street, Room 100

Richmond, VA 23219

Commonwealth OB/GYN Specialist

7605 Forest Ave Ste 313

Henrico, VA 23229

County of Henrico

Treasury Division

P.O. Box 90775

Henrico, VA 23273-0775

Credit Acceptance Corp

Attn: Bankruptcy Dept

25505 W. 12 Mile Rd.

Soutfield, MI 48034

Dept Of Ed/Nelnet

121 S 13Th Street

Lincoln, NE 68508

DMV

Attn: Bankruptcy Dept

2300 W. Broad St.

Richmond, VA 23220

E-Z Pass Virginia

Violation Processing Center

P.O. Box 1234

Clifton Forge, VA 24422

ERC

P.O. Box 57547

Jacksonville, FL 32241

First Premier Bank

Attn: Bankruptcy Dept.

PO Box 5524

Sioux Falls, SD 57117-5524

Internal Revenue Service

P.O. Box 7346

Philadelphia, PA 19101-7346

Loan Smart

503 E. Laburnum Ave

Richmond, VA 23222

Navy Federal Credit Union

P.O. Box 3000

Merrifield, VA 22119-3000

Richmond Gen. Dist. Ct.

400 N. 9th St, Ste 203

Richmond, VA 23219

Richmond Metropolitan Transit

919 E. Main Street #600

Richmond, VA 23219

Santander Consumer USA

Attn: Bankruptcy Department

PO Box 560284

Dallas, TX 75356-0284

Schewel Furniture Company

1553 S. Main Street

Blackstone, VA 23824

Sprint

Attn: Bankruptcy Dept

12502 Sprint

Reston, VA 20196

T-Mobile USA Inc

Re: Bankruptcy

PO Box 53410

Bellevue, WA 98015

Target

Bankruptcy Department

PO Box 1327

Minneapolis, MN 55440

Verizon

500 Technology Drive

Suite 550

Saint Charles, MO 63304-2225

Virginia Dept of Taxation

P.O. Box 2156

Richmond, VA 23218

Wells Fargo

P.O. Box 11701

Newark, NJ 07101-4701

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IN THE UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Richmond Division

In re: Melody Y. Kirven 

EXHIBIT “1” TO MOTION TO CONTINUE STAY AND 

MEMORANDUM IN SUPPORT THEREOF

AFFIDAVIT OF Melody Y. Kirven

BEFORE ME, the undersigned authority, personally appeared Melody Y. Kirven, 

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

1. My name is Melody Y. Kirven. 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 612 Pollock Street , Richmond, VA 23222.

3. I have income from my employment as a medical assistant at ISWLC. 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 May 5, 

2017, and dismissed on August 4, 2017 (Case No. 17-32358) (the “previous case”). 

7. The previous case was dismissed because of certification of failure to 

commence plan payments. My pay from my employer was sporadic due to 

administrative issues at the office, which unexpectedly reduced my income

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

positive change in my financial circumstances in that the administrative issues have 

been resolved and I am again receiving consistent income.

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: payment through the Trustee to Credit Acceptance and Loan Smart for vehicles; 

to Schewel Furniture for personal property; to the IRS, City of Richmond, and Henrico 

County for certain tax debts; my unsecured creditors will receive a reasonable dividend 

based on my best efforts to pay. 

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

$390.00 per month, for a period of 60 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 pay off my vehicles and tax 

debts.

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 18th day of August, 2017.

/s/ Melody Y. Kirven (seal)

Melody Y. Kirven

CERTIFICATE OF ACKNOWLEDGMENT:

Commonwealth of Virginia

City of Richmond, to wit:

The foregoing instrument was acknowledged before me this 18th day of August, 

2017, by Melody Y. Kirven.

My Commission Expires: 2/28/19 /s/ Allan Gray Watkins

Notary Public

7653079

Notary Registration Number

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