Lynn L. Tavenner, Esquire (Va. Bar No. 30083)

Paula S. Beran, Esquire (Va. Bar No. 34679)

Tavenner & Beran, PLC 

20 North Eighth Street, Second Floor

Richmond, Virginia 23219

Telephone: (804) 783-8300

Telecopy: (804) 783-0178

Counsel for the Reorganized Debtor 1

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Richmond Division

In re: Case No. 20-31408-KLP

Gemini Realty LLC, 1

Debtor. Chapter

11

REORGANIZED DEBTOR’S FINAL REPORT

AND MOTION FOR FINAL DECREE

Gemini Realty LLC (the “Reorganized Debtor”) by counsel, submits this Reorganized 

Debtor’s Final Report and Motion for Final Decree (the “Motion for Final Decree”). 

Contemporaneously herewith, the Reorganized Debtor is also submitting, as Exhibit A, a Final 

Account, which should be considered in evaluating the Motion for Final Decree. In support of 

his Motion for Final Decree, the Debtor represents:

Facts

1. On March 12, 2020, the Debtor filed for relief under Chapter 11 of Title 11 of the 

United States Code (the “Bankruptcy Code”).

2. On June 10, 2020, the Debtor filed the Debtor’s Chapter 11 Small Business 

Subchapter V Plan, ECF No. 31, (the “SubV Plan”).

1 The Debtor’s address is 10613 Sherwin Place, Glen Allen, Virginia 23059, and the Debtor’s EIN is 84-1710227.
2

3. On June 25, 2020, the Debtor solicited acceptance of the SubV Plan pursuant to (a) 

terms of the Order Fixing Hearing On Confirmation and Times for Filing Objections to 

Confirmation and Acceptances or Rejections of Plan the (“Order”) and (b) § 1125 of the 

Bankruptcy Code.

4. A hearing was held, and the Court confirmed the Debtor’s SubV Plan on August 6, 

2020, ECF No. 39. The Effective Date of the Plan was August 21, 2020.

5. Thereafter, on January 27, 2021, this Court entered its Consent Order Resolving 

Motion to Compel and Amending Order Confirming Plan of Reorganization of Gemini Realty, 

LLC (the “Plan Amendment”).

6. The Reorganized Debtor filed its Notice of Substantial Consummation on April 9, 

2021, ECF No. 61. . 

7. There are currently no motions, contested matters, fee applications, and/or 

adversary proceedings pending in this case.

RELIEF REQUESTED

8. There has been substantial consummation of the Plan as such term is defined 

under 11 U.S.C. § 1101(2). Accordingly, the Reorganized Debtor seeks entry of a final decree 

that will close this Bankruptcy Case. Specifically, the Reorganized Debtor has (a) commenced 

the required payments provided in the SubV Plan and (b) continued to operate the Reorganized 

Debtor’s business as demonstrated in Exhibit B of the SubV Plan. Both of these requirements of 

11 U.S.C. § 1101(2) is summarized below.

I. Distributions
3

9. The Reorganized Debtor has commenced payments pursuant to the terms of the 

SubV Plan as described below.

A. Fee Claims 

The Plan provides that, all parties seeking Fee Claims shall file a final application for 

allowance of compensation for services rendered and reimbursement of expenses incurred by a 

date no later than thirty days after the entry of the Confirmation Order. On October 22, 2020, this 

Court entered an Order approving the Fee Claim for Peter J. Barrett as Subchapter V Trustee in 

the amount of $2,646.50 and reimbursement of expenses in the amount of $80.00. Additionally, 

on October 23, 2020, this Court entered an Order approving the Fee Claim of Tavenner & Beran, 

PLC in the amount of $13,526.00 in fees and reimbursement of expenses in the amount of 

$223.45. The said Allowed Fee Claims were to have been paid in full as amounts were approved 

by Order of this Court or upon such other terms as may be mutually agreed upon between the 

Holder of such Allowed Fee Claim and the Debtor. Peter J. Barrett as Subchapter V Trustee was 

paid on April 13, 2021. Tavenner & Beran, PLC has agreed for payment at a later date. 

B. Allowed Class 1 Secured Claim of Mr. Cooper

The Plan provides that the Reorganized Debtor shall pay Mr. Cooper pursuant to the 

terms of the Pre-Petition Loan Documents, as may be modified by Mr. Cooper, between Mr. 

Cooper and the Debtor. Payments have been made as required. 

C. Allowed Class 2 Secured Claim of Prasad Associates

The Plan provides that the Reorganized Debtor shall satisfy the outstanding balance in 

full with (a) the Prasad Associates Payment on or before 120 days of the Effective Date and (b) 
4

the Prasad Associates Release. The same was extended by the Plan Amendment. The same was 

paid on or about February 18, 2021. See Schedule C-4

D. Allowed Class 3 Secured Real Property Claims Against the Reagan Property Other 

Than Mr. Cooper

The Plan provides that the Reorganized Debtor shall satisfy all Allowed Secured Claims 

against the Reagan Property other than Claims of Mr. Cooper by (a) payment in full in pro-rata 

payments on each Distribution Date beginning on the Initial Distribution Date, paid pro-rata of 

the Distribution Amount to all Holders of Allowed Secured Claims other than Mr. Cooper, (b) 

surrender of the Collateral, and/or (c) as otherwise agreed by the Holder of said Claim. Said 

payments have been made as indicated on Exhibit C. 

E. Allowed Class 4 Secured Real Property Claims Against the Sherwin Property Other 

than Prasad Associates

The Plan provides that the Reorganized Debtor shall satisfy Allowed Secured Claims 

other than the Claims of Prasad Associates against the Sherwin Property by (a) payment in full in 

pro-rata payments on each Distribution Date beginning on the Initial Distribution Date, paid prorata of the Distribution Amount to all Holders of Allowed Secured Claims; (b) paid in full on or 

before 120 days of the Effective Date; (c) surrender of the Collateral, and/or (d) as otherwise 

agreed by the Holder of said Claim. Said claims were paid 100% through payments were made 

on or about February 18, 2021 as more particularly described on Exhibit C.

F. Allowed Class 5 Priority Claims 

The Plan provides that the Reorganized Debtor shall pay the outstanding balance of the 

Allowed Priority Claims in full in the amount of Allowed Priority Claims in not less than yearly 
5

payments on each Distribution Date beginning on the Initial Distribution Date and in a manner 

not less favorable than payments to Holders in Class 6. Said payments have been made as 

indicated on Exhibit C.

G. Allowed Class 6 Non-Priority General Unsecured Creditors

The Plan provides that each Holder not otherwise treated in another Class, shall receive 

its pro-rata share of the Distribution Amount from the Debtor on each Distribution Date, 

commencing after complete satisfaction of all Allowed Claims in other Classes, Allowed Fee 

Claims and/or Allowed Administrative Claims until (a) such Allowed Unsecured Claims have 

been paid in full or (b) the third Distribution Date. Said payments have been made in a 100% 

distribution as indicated on Exhibit C. 

H. Allowed Class 7 Equity Security Holders of the Debtor

The Plan provides that Class 7 consists of Ms. Smith, whom is the Holder of the 

Reorganized Debtor’s Equity interest.

II. Continued Operation of the Reorganized Debtor’s Business 

10. The Plan provides that the Reorganized Debtor will continue to position its 

properties as group homes; the Reorganized Debtor has done the same. 

Motion for Final Decree

In summary, as of the date of this Motion for Final Decree, the Reorganized Debtor has 

commenced the required payments provided in the SubV Plan and continued to operate the 

Reorganized Debtor’s business. Accordingly, there has been substantial consummation of the 

Plan. All pending motions, contested matters, fee applications and adversary proceedings have 

been resolved.
6

LEGAL ARGUMENT

As stated in § 1101(2) Bankruptcy Code, 

(2) “substantial consummation” means—

(A) transfer of all or substantially all of the property proposed by the plan 

to be transferred;

(B) assumption by the debtor or by the successor to the debtor under the 

plan of the business or of the management of all or substantially all of the 

property dealt with by the plan; and

(C) commencement of distribution under the plan.

As discussed above, the Reorganized Debtor has commenced the required payments provided in 

the SubV Plan and continued to operate the Reorganized Debtor’s business. As such, the 

Reorganized Debtor submits that it is appropriate for the Court to enter the Final Decree attached 

hereto as Exhibit B closing the Chapter 11 case.

Wherefore, the Reorganized Debtor respectfully request the Court to approve its Final 

Report and grant its Motion for Final Decree by entering in this Bankruptcy Case a Final Decree 

in the form attached herewith as Exhibit B.

Respectfully submitted,

Gemini Realty LLC

Dated: May 17, 2021

Richmond, Virginia

By: /s/ Paula S. Beran 

Lynn L. Tavenner, Esquire (VSB No. 30083)

Paula S. Beran, Esquire (VSB No. 34679)

Tavenner & Beran, PLC

20 North 8th Street

Richmond, Virginia 23219

Telephone: (804) 783-8300

Telecopier: (804) 783-0178

Counsel for the Reorganized Debtor
7

Seen and not objected to:

/s/Shannon F. Pecoraro (signature approved via email)

Shannon F. Pecoraro, Esquire

Office of the United States Trustee

701 East Broad Street, Room 4304

Richmond, VA 23219

Trial Attorney

CERTIFICATE OF SERVICE

I hereby certify that on 17th of May, 2021 a true and correct copy of the Reorganized 

Debtor’s Final Report and Motion for Final Decree was served via electronic delivery and/or 

first-class mail, postage prepaid, to the parties listed on Schedule A attached hereto.

/s/ Paula S. Beran

Counsel
Exhibit A

_______________________________________

Lynn L. Tavenner, Esquire (Va. Bar No. 30083)

Paula S. Beran, Esquire (Va. Bar No. 34679)

Tavenner & Beran, PLC 

20 North Eighth Street, Second Floor

Richmond, Virginia 23219

Telephone: (804) 783-8300

Telecopy: (804) 783-0178

Counsel for the Reorganized Debtor 1

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Richmond Division

In re: Case No. 20-31408-KLP

Gemini Realty LLC, 1

Debtor. Chapter

11

FINAL ACCOUNT

On March 12, 2020, the Debtor filed for relief under Chapter 11 of Title 11 of the United 

States Code (the “Bankruptcy Code”).

Pursuant to the requirements of § 1106(a)(7) of the Bankruptcy Code and the Local Rules 

of this Court, the Reorganized Debtor now files this final account.

1. Fee Claims paid or to be paid under the Plan: Peter J. Barrett as Subchapter V 

Trustee was paid on April 13, 2021. Tavenner & Beran, PLC has agreed for payment at a later 

date.

2. Allowed Class 1 Secured Claim of Mr. Cooper: 100% of agreed amount.

3. Allowed Class 2 Secured Claim of Prasad Associates: see Exhibit C – 100% of 

agreed amount.

1 The Debtor’s address is 10613 Sherwin Place, Glen Allen, Virginia 23059, and the Debtor’s EIN is 84-1710227.
2

4. Allowed Class 3 Secured Real Property Claims Against the Reagan Property Other 

Than Mr. Cooper: see Exhibit C – 100%.

5. Allowed Class 4 Secured Real Property Claims Against the Sherwin Property Other 

than Prasad Associates: see Exhibit C – 100%.

6. Allowed Class 5 Priority Claims: See Exhibit C – 100%.

7. Allowed Class 6 Non-Priority General Unsecured Creditors: See Exhibit C – 100%

8. Allowed Class 7 Equity Security Holders of the Debtor: None

Wherefore, the Reorganized Debtor submits this final account in discharge of its 

obligations §§ 1106 and 1107 of the Bankruptcy Code on this X day of May 2021.

Respectfully submitted,

Gemini Realty LLC

Dated: May 17, 2021

Richmond, Virginia

By: /s/ Paula S. Beran 

Lynn L. Tavenner, Esquire (VSB No. 30083)

Paula S. Beran, Esquire (VSB No. 34679)

Tavenner & Beran, PLC

20 North 8th Street

Richmond, Virginia 23219

Telephone: (804) 783-8300

Telecopier: (804) 783-0178

Counsel for the Reorganized Debtor

Seen and not objected to:

/s/ Shannon F. Pecoraro (signature approved via email)

Shannon F. Pecoraro, Esquire

Office of the United States Trustee

701 East Broad Street, Room 4304

Richmond, VA 23219

Trial Attorney
Exhibit B

_______________________________________

Lynn L. Tavenner, Esquire (Va. Bar No. 30083)

Paula S. Beran, Esquire (Va. Bar No. 34679)

Tavenner & Beran, PLC 

20 North Eighth Street, Second Floor

Richmond, Virginia 23219

Telephone: (804) 783-8300

Telecopy: (804) 783-0178

Counsel for the Reorganized Debtor 1

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Richmond Division

In re: Case No. 20-31408-KLP

Gemini Realty LLC, 1

Debtor. Chapter

11

FINAL DECREE2

Whereas, on March 12, 2020, the Debtor filed for relief under Chapter 11 of Title 11 of 

the United States Code (the “Bankruptcy Code”);

Whereas, on June 10, 2020, the Debtor filed the Debtor’s Chapter 11 Small Business 

Subchapter V Plan, ECF No. 31;

Whereas on August 6, 2020, the Court confirmed the Debtor’s SubV Plan, ECF No. 39; 

Whereas the Effective Date of the Plan was August 21, 2020; 

Whereas, the Reorganized Debtor has reported to this Court that the SubV Plan has been 

substantially consummated; and

Whereas, Rule 3022 of the Federal Rules of Bankruptcy Procedure provides for the entry 

of a Final Decree; it is THEREFORE

1 The Debtor’s address is 10613 Sherwin Place, Glen Allen, Virginia 23059, and the Debtor’s EIN is 84-1710227. 2 Capital terms not otherwise defined herein shall have the meaning given to them in the Plan.
2

ORDERED that the Final Report of the Reorganized Debtor is approved, and the Motion 

for Final Decree is granted.

ORDERED that the bankruptcy case referenced above is closed as of the date of this 

Final Decree; and it is further

ORDERED that the Clerk of Court is directed to forward a copy of this Final Decree to 

the Reorganized Debtor’s counsel and the Office of the United States Trustee.

ENTERED:

UNITED STATES BANKRUPTCY JUDGE

I ask for this:

/s/ Paula S. Beran

Lynn L. Tavenner, Esquire (Va. Bar No. 30083)

Paula S. Beran, Esquire (Va. Bar No. 34679)

Tavenner & Beran, PLC

20 North Eighth Street, Second Floor

Richmond, Virginia 23219

Telephone: (804) 783-8300

Telecopy: (804) 783-0178

Counsel for the Reorganized Debtor

Seen and not objected to:

/s/ Shannon F. Pecoraro (signature approved via email)

Shannon F. Pecoraro, Esquire

Office of the United States Trustee

701 East Broad Street, Room 4304

Richmond, VA 23219

Trial Attorney
3

CERTIFICATION

I hereby certify that, pursuant to Local Rule 9022-1, this Final Decree has been endorsed 

by or served upon all necessary parties.

/s/ Paula S. Beran

Counsel
Exhibit C

1

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Richmond Division

In re: Case No. 20-31408-KLP

Gemini Realty LLC, 1

Debtor. Chapter

11

Fee Claims:

Claimant

Amount of

Compensation

Amount of

Expenses Total Date Paid

Peter J. Barrett as 

Subchapter V Trustee $2,646.50 $80.00. $2,726.50 April 13, 2021

Tavenner & Beran, PLC $13,526.00 $223.45 $13,749.45

Retainer applied; 

balance to be paid over 

time

Class 1 – Paid in ordinary course per loan documents and/or other agreements. 100% 

Class 2 – $255,000.00 100% 

Class 3 – See Schedule C -3 attached 100%

Class 4 – See Schedule C-4 attached 100%

Class 5 – See Schedule C-4 and C -5/6 attached 100%

Class 6- See Schedule C-4 and C-5/6 attached 100%

Class 7 - None

1 The Debtor’s address is 10613 Sherwin Place, Glen Allen, Virginia 23059, and the Debtor’s EIN is 84-1710227.
Loan Number: XXXXX2096

Property Address: 1902 Reagan Road

Henrico, VA 23231

Hi Jevette,

On 04/16/2021 we made your County Tax payment of $2700.00 to Henrico

County. Our next payment for this is scheduled for 05/01/2021.

This is just to keep you updated. There's nothing you need to do.

Want to see your escrow details?

C - 3
C - 4

Dear JEVETTE SMITH, 

We are pleased to confirm your payment with Henrico County. Below is the summary of your 

payment transaction. Your payment has been received and will be posted to your account next 

business day. Thank you for your continued relationship with Henrico County. 

Confirmation number: 544821419 

Payment date: May 6, 2021, 7:32:17 AM 

Payment amount: $9,043.68 

Payment status: ACCEPTED 

Contact Information 

First name: Jevette 

Last name: Smith 

ZIP Code: 23059 

Daytime Phone Number: (804) 439-7749 

Email: jevettesmith@gmail.com

Account Information 

Payment type Real Estate Tax 

Account number: 00900069868 

Zip code 23231 

Payment method: Debit Card 

Date due: Jun 7, 2021 

Payment Method 

Information 

Card type: Visa (Debit) 

Card number: ************7212 

Card holder name: Gemini Realty 

C -5/6
From: Jevette Smith

To: Lynn Tavenner; Paula Beran

Subject: Fwd: KUBRA EZ-PAY - Your payment processed successfully

Date: Thursday, April 22, 2021 11:38:20 AM

---------- Forwarded message ---------

From: <noreply@kubra.com>

Date: Thu, Apr 22, 2021 at 11:37 AM

Subject: KUBRA EZ-PAY - Your payment processed successfully

To: <jevettesmith@gmail.com>

KUBRA EZ-PAY

Your payment processed successfully!

Thank you for using KUBRA EZ-PAY to make a payment for City of Richmond. Please save

this email for your records.

Biller: City of Richmond

Account #: 5682030125281

Payment Amount: $395.82

Service Fee: $2.25

Total paid: $398.07

Paid on: Apr 22, 2021

Status: PAID

Confirmation #: 12351112341823

Take care,

KUBRA EZ-PAY
From: Jevette Smith

To: Lynn Tavenner; Paula Beran

Subject: Fwd: KUBRA EZ-PAY - Your payment processed successfully

Date: Thursday, April 22, 2021 11:38:40 AM

---------- Forwarded message ---------

From: <noreply@kubra.com>

Date: Thu, Apr 22, 2021 at 11:31 AM

Subject: KUBRA EZ-PAY - Your payment processed successfully

To: <jevettesmith@gmail.com>

KUBRA EZ-PAY

Your payment processed successfully!

Thank you for using KUBRA EZ-PAY to make a payment for City of Richmond. Please save

this email for your records.

Biller: City of Richmond

Account #: 5682030125281

Payment Amount: $500.00

Service Fee: $2.25

Total paid: $502.25

Paid on: Apr 22, 2021

Status: PAID

Confirmation #: 12351112541492

Take care,

KUBRA EZ-PAY
 Label Matrix for local noticing Gemini Realty LLC United States Bankruptcy Court 

 0422-3 10613 Sherwin Place 701 East Broad Street 

 Case 20-31408-KLP Glen Allen, VA 23059-8016 Richmond, VA 23219-1888 

 Eastern District of Virginia 

 Richmond 

 Mon May 17 10:04:02 EDT 2021 

 COUNTY OF HENRICO, VIRGINIA City of Richmond City of Richmond - Dept. of Public Utilities 

 ANDREW R. NEWBY, ASST. COUNTY ATTORNEY Dept. of Public Utilities 730 E. Broad St, 5th FL 

 P. O. BOX 90775 PO Box 26060 Richmond VA 23219-1861 

 HENRICO, VIRGINIA 23273-0775 Richmond, VA 23274-0001 

 

 County of Henrico, Virginia Hillcrest Davidson & Associates Jevette Smith 

 Department of Finance c/o Sean Atwood 10613 Sherwin Place 

 PO Box 90775 715 N. Glenville Drive, Suite 450 Glen Allen, VA 23059-8016 

 Henrico, VA 23273-0775 Richardson, TX 75081-2898 

 Magnolia Ridge Magnolia Ridge HOA Mr. Cooper 

 c/o Edward S. Whitlock, III, Esq. c/o Community Partners of Virginia PO Box 619094 

 Lafayette, Ayers & Whitlock, PLC 10800 Midlothian Turnpike, Suite 305 Dallas, TX 75261-9094 

 10160 Staples Mill Road, Suite 105 Richmond, VA 23235-4700 

 Glen Allen, VA 23060-3447 

 

 Prasad Associates, Inc. Prasad Associates, Inc. Safe Streets USA LLC 

 c/o David G. Browne c/o Ravi Prasad, President Attn: Legal Department 

 6802 Paragon Place, Suite 410 3300 Wicklow Lane 20425 72nd Avenue S, Suite 155 

 Richmond, VA 23230-1655 Richmond, VA 23236-1330 Kent, WA 98032-2428 

 Stuart A. Simon, Esq. (p)T MOBILE Traveler’s 

 The Simon Law Firm C O AMERICAN INFOSOURCE LP Geico Insurance Agency, Inc. 

 4900 Cutshaw Avenue 4515 N SANTA FE AVE 1 Geico Boulevard 

 Richmond, VA 23230-3606 OKLAHOMA CITY OK 73118-7901 Fredericksburg, VA 22412-0001 

 United States Trustee Zuriel LLC John P. Fitzgerald, III 

 701 E. Broad Street, Ste 4304 c/o Zuriel Smith, Manager Office of the US Trustee - Region 4 -R 

 Richmond, VA 23219-1885 115 Luray Drive 701 E. Broad Street, Ste. 4304 

 Richmond, VA 23227-2046 Richmond, VA 23219-1849 

 Paula S. Beran Peter J. Barrett, Subchapter V Trustee 

 Tavenner & Beran, PLC Kutak Rock LLP 

 20 North Eighth Street, Second Floor 901 East Byrd Street, Suite 1000 

 Richmond, VA 23219-3302 Richnond, VA 23219-4071 

 The preferred mailing address (p) above has been substituted for the following entity/entities as so specified 

 by said entity/entities in a Notice of Address filed pursuant to 11 U.S.C. 342(f) and Fed.R.Bank.P. 2002 (g)(4). 

 T-Mobile 

 P.O. Box 742596 

 Cincinnati, OH 45274-2596 

Schedule A