___________________________________

Janet M. Meiburger, VA Bar No. 31842

The Meiburger Law Firm, P.C.

1493 Chain Bridge Road, Suite 201

McLean, VA 22101

(703) 556-7871

Counsel to Chapter 7 Trustee

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

ALEXANDRIA DIVISION

IN RE:

JAMES YOUNG CHONG

Debtor

)

)

)

) Case No. 21-10206-BFK

) Chapter 7

)

)

)

)

JPMORGAN CHASE BANK, NATIONAL )

ASSOCIATION )

)

)

Movant )

)

v. ) Contested Matter

) (Relief From Stay)

JAMES YOUNG CHONG )

)

and )

)

JANET M. MEIBURGER, TRUSTEE )

)

Respondents. )

__________________________________________)

TRUSTEE’S RESPONSE TO MOTION FOR RELIEF

FROM THE AUTOMATIC STAY (REAL PROPERTY 

LOCATED AT 1653 FIELDTHORN AVE, RESTON, VA 20190)

Janet M. Meiburger, Chapter 7 Trustee herein, by her undersigned counsel, hereby files 

this response to the Motion for Relief from the Automatic Stay (Real Property Located at 1653 

Fieldthorn Ave, Reston, VA 20190) (the “Motion”) filed on behalf of JPMorgan Chase Bank, 

National Association (the “Movant”) (Docket No. 23), seeking relief from the automatic stay to 

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permit the Movant to foreclose on the real property located at 1653 Fieldthorn Ave, Reston, VA

20190 (the “Property”). 

 Defined terms used in the Motion will be used in this Response.

1. Admitted.

2. Admitted.

3. Admitted.

4. Admitted. However, the Movant’s note and mortgage were only signed by the 

Debtor and therefore the Movant’s mortgage encumbers only the Debtor’s interest in the 

Property.

5. Admitted.

6. Admitted.

7. The Trustee lacks sufficient information to admit or deny the allegations of this 

paragraph regarding the amount due and demands strict proof thereof.

8. The Trustee lacks sufficient information to admit or deny the allegations of this 

paragraph regarding the amount due and demands strict proof thereof.

9. The Trustee lacks sufficient information to admit or deny the allegations of this 

paragraph regarding the amount due and demands strict proof thereof.

10. Admitted that a payment history is attached to the Motion as Exhibit 1. However,

the Trustee lacks sufficient information to determine the accuracy of the payment history and 

demands strict proof thereof.

11. Denied. The Trustee has listed the Property for sale at an asking price of 

$415,000.00. Therefore, the Trustee believes that the value is significantly greater than 

$378,250.00.

12. Admitted that the Movant is requesting the relief described in this paragraph.

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13. Denied. On April 22, 2021, the Court entered an order approving the employment 

of Helaine Newman of the firm Berkshire Hathaway Home Services-PenFed Realty as the 

exclusive listing agent for the sale of the Property (Docket No. 21), and the Property has been

placed on the Market at an asking price of $415,000.00.

14. By way of further response, the Trustee states that the property of the bankruptcy 

estate includes the Debtor’s partial interest in this Property and in two other properties located at 

13044 Red Admiral Pl., Fairfax, VA 22033 (the “Red Admiral Property”) and 14615 Willow 

Creek Dr., Centreville, VA 20120 (the “Willow Creek Property”). All of these properties have 

equity. This Property is owned by the Debtor as joint tenants with his mother, Sun Chong, and 

his brother, David Chong. The Red Admiral Property is the residence of the Debtor and his

mother and is owned by them as joint tenants. The Willow Creek Property is a rental property 

and is owned by the Debtor with his mother and brother as joint tenants. 

15. The Trustee has reached an agreement with the Debtor, Sun Chong and David 

Chong whereby, in lieu of selling all three properties, the Trustee will sell this Property only and 

the bankruptcy estate will receive all of the proceeds, not just the Debtor’s share. The Trustee 

believes that, under this arrangement, the estate will receive as much as it would have received if 

all three properties were sold and the estate received the Debtor’s share of the equity in all three 

properties. The Trustee will seek approval of this arrangement in conjunction with the motion to 

approve the sale of the Property.

16. The Movant’s mortgage is the second mortgage on the Property. According to the 

Motion, the amount due on the Movant’s debt was $9,107.57 as of April 12, 2021. According to 

a mortgage statement provided by the Debtor, the amount due on the first mortgage as of 

February 1, 2021 was $159,180.17. Therefore, there is significant equity in the Property over and 

above the mortgages which provides adequate protection to the Movant. 

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WHEREFORE, Janet M. Meiburger, Chapter 7 Trustee herein, respectfully requests that 

the Court deny the Motion for Relief from the Automatic Stay (Real Property Located at 1653 

Fieldthorn Ave, Reston, VA 20190), and grant such other and further relief as the Court deems 

appropriate under the circumstances.

Respectfully submitted,

The Meiburger Law Firm, P.C.

Dated: May 11, 2021 By: /s/ Janet M. Meiburger

Janet M. Meiburger, Esq., VSB No. 31842

The Meiburger Law Firm, P.C.

1493 Chain Bridge Road, Suite 201

McLean, VA 22101

(703) 556-7871

Counsel to Chapter 7 Trustee

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CERTIFICATE OF SERVICE

I hereby certify that on this 11th day of May, 2021, I caused a true and correct copy of 

the foregoing Trustee’s Response to Motion for Relief from the Automatic Stay (Real Property 

Located at 1653 Fieldthorn Ave, Reston, VA 20190) to be served by ECF e-mail pursuant to the 

applicable Standing Order of the Court.

/s/ Janet M. Meiburger

Janet M. Meiburger

J:\Trustee\Chong, James (21-10206)\Pleadings\Lift Stay.Wells Fargo.Response.1.doc

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