Brandon R. Jordan, Esquire

Counsel for Movant

Samuel I White, P.C.

Bar No. 72170

1804 Staples Mill Road

Suite 200

Richmond, VA 23230

(804) 290-4290

File No. 63129

WILMINGTON SAVINGS FUND 

SOCIETY, FSB, D/B/A CHRISTIANA 

TRUST AS OWNER TRUSTEE OF THE 

RESIDENTIAL CREDIT 

OPPORTUNITIES TRUST V, 

RESPONDENT.

RESPONSE TO MOTION TO DETERMINE 

VOID/INVALIDATE FORECLOSURE SALE

NOTICE

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 ONE.)

TO: GLOBAL REALTY MANAGEMENT, INC. AND KIMBERLY VU, DEBTOR AND DEBTOR 

DESIGNEE

THE HEARING IS SCHEDULED TO BE HELD ON OCTOBER 8, 2019 AT 11:00 A.M. IN 

THE U.S. BANKRUPTCY COURT, ALEXANDRIA DIVISION, 200 S. WASHINGTON 

STREET, ALEXANDRIA, VA 22314, COURTROOM III, 3RD FLOOR.

Wilmington Savings Fund Society, FSB, D/B/A Christiana Trust as Owner Trustee of 

the Residential Credit Opportunities Trust V (“Lender”), by counsel, submits the following in 

response to the Motion to Determine Void/Invalidate Foreclosure Sale filed by Ms. Vu (“Movant”) on 

August 30, 2019 (“the Motion”):

1. The bankruptcy petition filed in the instant case was time-stamped by the Clerk of 

the U.S. Bankruptcy Court for the Alexandria Division at 3:01 P.M. on August 26, 

2019 and filed via ECF at 3:30 P.M. the same day. See attached Exhibit A.

2. A valid foreclosure sale of 42414 Chamois Court, Sterling, VA 20166 (“the 

Property”) concluded at 10:44 A.M. on August 26, 2019, over four hours prior to the 

filing of the instant Chapter 13 case. The Property was purchased by a third-party. 

See attached Exhibit B. As such, the Debtor, an entity which does not appear on 

the underlying note or deed of trust that was subject to the foreclosure, had no

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

ALEXANDRIA DIVISION

In re:

GLOBAL REALTY MANAGEMENT, INC., CHAPTER 11

 DEBTOR,

v.

CASE NO. 19-12812-KHK

Case 19-12812-KHK Doc 34 Filed 10/01/19 Entered 10/01/19 17:49:19 Desc Main

Document Page 1 of 3
legal or equitable interest in the Property at the time of the bankruptcy petition in 

the case at bar. See Abdelhaq v. Pflug, 82 B.R. 807, 809 (E.D. Va. 1988).

3. On August 26, 2019, this Court issued a deficiency because the Debtor, a 

corporate entity, filed a bankruptcy petition without representation by an attorney. 

Because the aforementioned foreclosure sale was completed prior to the petition 

filing, the Property was not part of any subsequent bankruptcy estate - whether 

or not the instant bankruptcy petition was void ab initio as a result of said 

deficiencies.

4. On August 30, 2019, Movant filed the Motion seeking to invalidate the sale and 

hold Lender “in contempt of court” on the grounds that the August 26, 2019 

foreclosure was completed, “...during Auto Stay and Appeal Process of CoOwner, Debtor, 18:11117 BFK & Civil Action 1:19cv634-LO-IDD.” 

5. Movant’s continued legal action, despite prior admonishment from this Court

regarding attorney representation, further violates the requirement that 

corporations must be represented by legal counsel and may constitute the 

unauthorized practice of law.

6. The allegations in the Motion are not accurate, as Lender had relief from the 

automatic stay in bankruptcy case 18-11117-BFK by the Order Granting Relief 

from the Automatic Stay entered May 15, 2019. See attached Exhibit C. Ms. Vu, 

despite not having clear legal standing, twice filed Motions for Reconsideration in 

the co-owner’s bankruptcy case regarding the relief order (which were denied per 

attached Exhibit D) as well as an appeal related to the granting of a Rule 2004 

Examination of Ms. Vu and the denial of Ms. Vu’s request to Stay the bankruptcy 

case of Duc Nguyen (which was dismissed by the District Court per the final, 

unappealed opinion attached as Exhibit E). There was no stay pending appeal 

requested or granted in 1:19-cv-00634-LO-IDD (per attached Exhibit F), so the 

relief order entered May 15, 2019 remained valid at all times during Ms. Vu’s 

unfounded attacks. 

7. The Motion admits that the instant bankruptcy case was filed solely prevent a 

foreclosure sale. Lender respectfully submits that dismissal with prejudice 

(including a one hundred and eighty day ban on Ms. Vu filing additional 

bankruptcy pleadings) would be an appropriate remedy for Movant’s repeated 

attempts to delay and hinder creditors through unmeritorious filings. 

Case 19-12812-KHK Doc 34 Filed 10/01/19 Entered 10/01/19 17:49:19 Desc Main

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WHEREFORE, the Lender asks this Court to deny the Motion, assess all legal fees and 

costs associated with Lender’s response and hearing attendance against the Movant, dismiss the 

instant case with prejudice, and for any such additional relief as this Court deems proper.

Respectfully submitted,

WILMINGTON SAVINGS FUND SOCIETY, FSB, 

D/B/A CHRISTIANA TRUST AS OWNER 

TRUSTEE OF THE RESIDENTIAL CREDIT 

OPPORTUNITIES TRUST V

By: /s/ BRANDON R. JORDAN

Eric D. White, Esquire, Bar No. 21346

Michael T. Freeman, Esquire, Bar No. 65460

Brandon R. Jordan, Esquire, Bar No. 72170

Johnie R. Muncy, Esquire, Bar No. 73248

Nisha R. Patel, Esquire, Bar No. 83302

Samuel I. White, P.C.

1804 Staples Mill Road, Suite 200

Richmond, VA 23230

Tel.: (804) 290-4290

Fax: (804) 290-4298

bjordan@siwpc.com

CERTIFICATE OF SERVICE

I certify that on October 1, 2019, the foregoing Response was served via CM/ECF on all 

parties who receive electronic notice and that a true copy was mailed via first class mail, postage 

prepaid, to Global Realty Management, Inc., Debtor c/o Kimberly Vu, Debtor Designee/Movant, 

42414 Chamois Court, Sterling, VA 20166.

/s/ BRANDON R. JORDAN

Brandon R. Jordan, Esquire

Samuel I. White, P. C.

Case 19-12812-KHK Doc 34 Filed 10/01/19 Entered 10/01/19 17:49:19 Desc Main

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