UNITED STATES BANKRUPTCY COURT 

FOR THE 

EASTERN DISTRICT OF VIRGINIA 

Alexandria Division 

In the Matter of: 

 Chapter 13

SAMUEL OHENE NYARKO

 Case No. 18-13484-KHK

 Debtor

MOTION TO DISMISS, 

NOTICE OF MOTION TO DISMISS 

AND 

NOTICE OF SCHEDULED HEARING ON THIS MOTION 

Thomas P. Gorman, Chapter 13 Trustee, has filed this motion to dismiss your Chapter 

13 case. The cause for this motion is as follows: 

Pursuant to 11 U.S.C. §1307(c) & §1307(c)(1) - Good Faith & Unreasonable 

Delay - 

1) This is Debtor's fifth case in just over six years, and his fourth case since 

receiving a Chapter 7 discharge. His prior cases are as follows: 

 12-14904-RGM Samuel Ohene Nyarko Case type: bk 

Chapter: 7 

Date filed: 08/10/2012 Debtor discharged: 12/05/2012

 14-10670-RGM Samuel Ohene Nyarko Case type: bk 

Chapter: 13 

Date filed: 02/26/2014 Debtor dismissed: 05/15/2015- failure 

to make Plan payments

 16-14103-KHK Samuel O Nyarko Case type: bk Chapter:

13 Asset: 

Date filed: 12/02/2016 Debtor dismissed: 05/22/2017- no mod 

plan filed after conf denied

 17-12684-KHK Samuel Ohene Nyarko Case type: bk 

Chapter: 13 

Date filed: 08/04/2017 Debtor dismissed: 10/05/2017-failure to 

make Plan payments

In this case, Debtor again proposes to retain investment properties. It's obvious 

from the outcome of his prior Chapter 13's that this is unrealistic. 

2) Debtor has not filed 2017 tax returns. 

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Notice and Motion to Dismiss 

Samuel Ohene Nyarko, Case #18-13484-KHK 

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 wish the court to grant the relief sought in the motion, or if you 

want the court to consider your views on the motion, then on or before five business 

days prior to the hearing date, you or your attorney must: 

File with the court a written response with supporting memorandum as required 

by Local Bankruptcy Rule 9013-1(H). Unless a written response and 

supporting memorandum are filed and served by the date specified, the Court 

may deem any opposition waived, treat the motion as conceded, and issue an 

order granting the requested relief without further notice or hearing. 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 five business days prior to the scheduled hearing. 

You must mail a copy to the persons listed below. 

Attend the hearing to be held on January 3, 2019 at 9:30 a.m., in Courtroom III on 

the 3rd floor, United States Bankruptcy Court, 200 South Washington Street, 

Alexandria, VA 22314. If no timely response has been filed opposing the relief 

requested, the court may grant the relief without holding a hearing. 

 A copy of any written response must be mailed to the following persons: 

 Thomas P. Gorman 

 300 North Washington Street, Ste.400 

 Alexandria, VA 22314 

 Clerk of the Court 

 United States Bankruptcy Court 

 200 South Washington Street 

 Alexandria, VA 22314 

 If you or your attorney do not take steps, the court may decide that you do not 

oppose the relief sought in the motion and may enter an order granting that relief. 

Date: _December 5, 2018_____ __/s/ Thomas P. Gorman______ 

 Thomas P. Gorman 

 Chapter 13 Trustee 

 300 N. Washington Street, #400 

 Alexandria, VA 22314 

 (703) 836-2226 

 VSB 26421 

Case 18-13484-KHK Doc 18 Filed 12/05/18 Entered 12/05/18 16:36:31 Desc Main

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Notice and Motion to Dismiss 

Samuel Ohene Nyarko, Case #18-13484-KHK 

CERTIFICATE OF SERVICE 

I hereby certify that I have this 5th day of December, 2018, served via ECF to 

authorized users or mailed a true copy of the foregoing Motion to Dismiss, Notice of 

Motion and Notice of Hearing to the following parties. 

Samuel Ohene Nyarko 

Chapter 13 Debtor 

4325 Upland Dr. 

Alexandria, VA 22310-1329 

Steven B. Ramsdell, Esq. 

Attorney for Debtor 

300 N. Washington St. Ste. 310 

Alexandria, VA 22314 

 __/s/ Thomas P. Gorman______ 

 Thomas P. Gorman 

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