Attorney for Debtor

Christopher Mark Winslow #76156

Winslow & McCurry, PLLC

1324 Sycamore Square, Suite 202C

Midlothian, VA 23113

(804) 423-1382

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Richmond Division

IN RE: Jiles R. Smith,

Debtor, Chapter 13 

13524 Ridgemore Dr. Case No. : 17-30804-KRH

Midlothian, VA 23114

Last four of SS # 5164

Notice of Motion to Vacate Order of Dismissal

and Notice of Hearing

Jiles R. Smith, has filed papers with the Court, a Motion to Vacate Order of Dismissal upon the Order of 

Dismissal Upon Denial of Confirmation pursuant to Local Bankruptcy Rule 3015-2.

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.)

If you do not want the Court to grant the Motion to Vacate Order of Dismissal, or if you want the Court to 

consider your views on the motion, not later than (7) days from the date of hearing on the Motion to Vacate 

Disimssal, you or your attorney must:

File with the Court, at the address shown below, a written response pursuant to Local Bankruptcy Rules 4001(a)-

1(c) and 9013-1(H). If you mail your response to the court for filing, you must mail it early enough so the Court 

will receive it on or before the date stated above. You must mail a copy of your response to the following:

Clerk of Court Christopher M. Winslow, Esq. U.S. Trustee Carl M. Bates, Trustee

U. S. Bankruptcy Court 1324 Sycamore Square 701 E. Broad St, #4304 P.O. Box 1819

701 E. Broad St; # 4000 Suite 202C Richmond, VA 23219 Richmond, VA 23218

Richmond, VA 23219 Midlothian, VA 23113

NOTICE IS HEREBY GIVEN that this Motion may be allowed provided no response and request for a hearing 

is made by any party in interest in writing to the Clerk of this Court not less than fourteen (14) days prior to the 

hearing on the Motion to Vacate Dismissal. If no timely response has been filed opposing the relief requested, the 

Court may grant the relief requested in the Motion without a hearing. If you or your attorney do not take these 

steps, the Court may decide that you do not oppose the relief sought in the motions, and may enter an order granting that 

relief.

Further Notice is given that if a Response and a request for a hearing is filed by a party in interest within the time 

indicated a hearing will be conducted on the Motion and Response thereto at a date, time and place to be later set by this 

Court and all interested parties will be notified accordingly. If no request for a hearing is timely filed, the Court may rule 

on the Motion and response thereto ex parte and without further notice.

Certificate of Service

I hereby certify that on this November 29, 2017, I mailed the foregoing Motion to Vacate Order of Dismissal, Notice of Motion and 

the Notice of Hearing was mailed by electronic mail or first class mail, postage pre-paid to: United States Trustee at 701 E. Broad 

Street, Room 4304, Richmond, VA 23219 , Trustee, and to all the creditors and parties of interest herein.

/s/ Christopher M. Winslow

 Christopher M. Winslow

Case 17-30804-KRH Doc 43 Filed 11/29/17 Entered 11/29/17 10:53:58 Desc Main

 Document Page 1 of 5
Attorney for Debtor

Christopher Mark Winslow #76156

Winslow & McCurry, PLLC

1324 Sycamore Square, Suite 202C

Midlothian, VA 23113

(804) 423-1382

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Richmond Division

IN RE: Jiles R. Smith ,

Debtor, Chapter 13 

237 Callaway Lane Case No. : 17-30804-KRH

Farmville, VA 23901

Last four of SS # 9595

NOTICE OF HEARING

 PLEASE TAKE NOTICE that on December 6, 2017 @ 12:00 PM or as soon thereafter as is practical, we will 

appear before the Honorable Kevin R. Huennekens Room 5000 of the United States Bankruptcy Court, Eastern 

District of Virginia, Richmond Division located at 701 E. Broad Street, Richmond on the Debtors’ Motion to 

Vacate Dismissal. 

Jiles R. Smith 

BY: /s/ Christopher M. Winslow

Counsel

CERTIFICATE

I hereby certify that on 11/29/2017, I mailed the foregoing document by first class mail, postage pre-paid to:, U.S. Trustee, 

United States Trustee at 701 E. Broad Street, Room 4304, Richmond, VA 23219, the debtors(s), the Chapter 13 Trustee and 

all creditors and parties of interest herein.

/s/ Christopher M. Winslow

Christopher M. Winslow

 

Case 17-30804-KRH Doc 43 Filed 11/29/17 Entered 11/29/17 10:53:58 Desc Main

 Document Page 2 of 5
Attorney for Debtor

Christopher Mark Winslow #76156

Winslow & McCurry, PLLC

1324 Sycamore Square, Suite 202C

Midlothian, VA 23113

(804) 423-1382

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Richmond Division

IN RE: Jiles R. Smith,

Debtor, Chapter 13 

13524 Ridgemore Dr. Case No. : 17-30804-KRH

Midlothian, VA 23114

Last four of SS # 5164

Motion to Vacate Dismissal

COMES NOW, Jiles R. Smith, the Debtor, by Counsel, Christopher M. Winslow, Esq. to move this Court for 

an order vacating the Order of Dismissal entered by the Court on November 28, 2017. In support of this Motion, 

the debtors state the following:

1. The debtor filed a Voluntary Petition under Chapter 13 of the United Stated Bankruptcy Code on February 21, 

2017.

2. The meeting of creditors was held on March 30, 2017.

3. The Debtors’ plan was set to confirm on October 25, 2017 however an Order Denying Confirmation of Plan 

was entered instead. 

4. The Order of Dismissal Upon Denial of Confirmation was filed on November 28, 2017 as a result of failure to 

take action under LBR 3015-2.

5. Counsel was mistaken and believed there was a prior confirmed plan that would revert upon denial of 

confirmation. 

6. Counsel has prepared a corrected modified plan that is ready to be submitted to the Court. 

7. Wherefore the debtor, Jiles R. Smith, prays that this case be reinstated.

Respectfully submitted:

Jiles R. Smith 

By: /s/ Christopher M. Winslow , Counsel

Case 17-30804-KRH Doc 43 Filed 11/29/17 Entered 11/29/17 10:53:58 Desc Main

 Document Page 3 of 5
Attorney for Debtor

Christopher Mark Winslow #76156

Winslow & McCurry, PLLC

1324 Sycamore Square, Suite 202C

Midlothian, VA 23113

(804) 423-1382

CREDITORS

Cheryl R. Smith

6637 Southshore Drive

Midlothian VA 23112

Cheryl Russell

6637 Southshore Dr.

Midlothian, VA 23112

Comcast Corp.

Comcast Center

1701 JFK Blvd.

Philadelphia, PA 19103-0000

Commonwealth of VA

Office of the Attorney General

DCSE - Bankruptcy Unit

2001 Maywill St. Ste. 200

Richmond, VA 23230

Commonwealth of VA-Tax

P.O. Box 2156

Richmond, VA 23218-2156

Credit Protection Assoc.

13355 Noel Rd Suite 2100

Dallas, TX 75240-0000

DCSE

1610 Forest Ave. Ste. 200

Henrico, VA 23229-0000

ERC/Enhanced Recovery Corp

8014 Bayberry Rd

Jacksonville, FL 32256-0000

First Step Group, LLC

6300 Shingle Creek Parkway

Ste. 220

Brooklyn Center, MN 55430-0000

Ford Motor Credit Company, LLC

c/o Randolph, Boyd, Cherry and Vaughan

13 East Main Street

Richmond, VA 23219

IC Systems, Inc

444 Highway 96 East

St Paul, MN 55127-0000

Internal Revenue Service

Centralized Insolvency Unit

P.O. Box 7346

Philadelphia, PA 19101-7346

Land Rover Capital Group

c/o Randolph, Boyd & Assoc.

13 East Main St.

Richmond, VA 23219-0000

Natl Fitness

1645 E Hwy 193

Layton, UT 84040-0000

North Shore Agency

P.O. Box 9221

Old Bethpage, NY 11804-0000

Onyshia Harris

10712 Timberun Rd.

Chesterfield, VA 23832-0000

Onyshia Harris

c/o Syreeta B. Stewart

4860 Cox Rd. Ste. 218

Glen Allen, VA 23060-0000

Receivable Management Inc

7206 Hull Rd

Ste 211

Richmond, VA 23235-0000

Regional Acceptance Co

10051 Midlothian Tpke

North Chesterfield, VA 23235-0000

Regional Acceptance Corporation

PO Box 1847

Wilson, NC 27894-1847

Reviver Financial, LLC

Case 17-30804-KRH Doc 43 Filed 11/29/17 Entered 11/29/17 10:53:58 Desc Main

 Document Page 4 of 5
Attorney for Debtor

Christopher Mark Winslow #76156

Winslow & McCurry, PLLC

1324 Sycamore Square, Suite 202C

Midlothian, VA 23113

(804) 423-1382

Attn: Bankruptcy Department

P.O. Box 3023

Hutchinson, K.S. 67504

Case 17-30804-KRH Doc 43 Filed 11/29/17 Entered 11/29/17 10:53:58 Desc Main

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