LAUREN FRIEND MCKELVEY (VSB No. 78813) 

Counsel for Trustee

ODIN FELDMAN & PITTLEMAN PC

1775 Wiehle Avenue, Suite 400

Reston, Virginia 20190

Phone: 703-218-2135

Fax: 703-218-2160

Lauren.McKelvey@ofplaw.com

UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Alexandria Division

In re: *

*

STEPHEN CHIH-CHIEH SU * Case No. 18-14052-KHK

* Chapter 7

Debtor. *

TRUSTEE’S OBJECTIONS TO EXEMPTIONS

Donald F. King, the chapter 7 trustee in the above captioned case (“Trustee”), by 

counsel, files these objections to exemptions claimed by Stephen Chih-Chieh Su (“Debtor”) and, 

in support thereof, states as follows:

1. The Debtor filed a voluntary petition under chapter 7 on December 3, 2018. 

2. The Trustee is the duly qualified and acting chapter 7 trustee for this estate. 

3. The meeting of creditors under 11 U.S.C. § 341 was concluded on January 10, 

2019.

New York County Property 

4. According to the Debtor’s Schedule C filed with this Court, the Debtor claims

an exemption pursuant to Va. Code Ann. § 34-4 in the amount of $4,000.00 in property described 

as 440 East 117 Street Unit 2A, New York, NY 10035 New York County (the “NY Property”). 

Case 18-14052-KHK Doc 23 Filed 02/08/19 Entered 02/08/19 17:01:12 Desc Main

 Document Page 1 of 3
2

5. Although the Debtor filed a homestead deed in Arlington County, Virginia, his county 

of residence, it appears that the Debtor failed to file a homestead deed in New York County, New 

York, the county in which the NY Property is located, within five (5) days of the section 341 

meeting. Va. Code Ann. § 34-6 (“In order to secure the benefit of the exemptions of real estate under 

§§ 34-4 and 34-4.1, the householder, by a writing signed by him and duly admitted to record, to be 

recorded as deeds are recorded, in the county or city wherein such real estate or any part thereof is 

located and if such property is located outside of the Commonwealth, in the county or city where the 

householder resides . . .”)(emphasis supplied); see also Va. Code Ann. §34-17 (“To claim an 

exemption in bankruptcy, a householder . . . shall set such real or personal property apart on or 

before the fifth day after the date of the meeting held pursuant to 11 U.S.C. § 341, but not 

thereafter.”) 

6. The Debtor’s homestead deed filed in Arlington County, Virginia is not sufficient 

to exempt the NY Property. 

7. Accordingly, the Trustee objects to the Debtor’s claim of exemption in the NY 

Property under Va. Code Ann. § 34-4. 

Section 34-4 Exemptions Not on Homestead Deed

8. According to the Debtor’s Schedule C filed with this Court, the Debtor claims an 

exemption pursuant to Va. Code Ann. § 34-4 in “paintings, toys and books,” “cash,” “checking: 

Sandy Spring Bank,” “PMA Account: Wells Fargo,” and “Investment account: Charles Schwab,”

which are not listed on the Debtor’s homestead deed filed in Arlington County, Virginia. 

9. Accordingly, the Trustee objects to the Debtor’s claim of exemption in the foregoing 

items pursuant to Va. Code Ann. § 34-4. 

Case 18-14052-KHK Doc 23 Filed 02/08/19 Entered 02/08/19 17:01:12 Desc Main

 Document Page 2 of 3
3

WHEREFORE, Donald F. King, Trustee, by counsel, requests that this Court (i) disallow the 

exemption in the NY Property claimed by the Debtor pursuant to Va. Code Ann. § 34-4, (ii) disallow 

the exemptions in “paintings, toys and books,” “cash,” “checking: Sandy Spring Bank,” “PMA 

Account: Wells Fargo,” and “Investment account: Charles Schwab,” claimed by the Debtor pursuant 

to Va. Code Ann. § 34-4; and (iii) grant such other and further relief as this Court deems just and 

proper. 

Respectfully Submitted, 

DONALD F. KING, TRUSTEE

By Counsel

By: /s/ Lauren Friend McKelvey

Lauren Friend McKelvey (VSB No. 78813)

Counsel for Trustee

ODIN FELDMAN & PITTLEMAN PC

1775 Wiehle Avenue, Suite 400

Reston, Virginia 20190

Phone: 703-218-2135

Fax: 703-218-2160

Lauren.McKelvey@ofplaw.com

 #4186984v1 31070/00001

Case 18-14052-KHK Doc 23 Filed 02/08/19 Entered 02/08/19 17:01:12 Desc Main

 Document Page 3 of 3