UNITED STATES BANKRUPTCY COURT 

FOR THE 

EASTERN DISTRICT OF VIRGINIA

Alexandria Division

In the Matter of:

Chapter 13

CHRISTIAN E. DORSEY

Case No. 19-13402-BFK

Debtor

MOTION TO DISMISS WITH PREJUDICE,

NOTICE OF MOTION TO DISMISS WITH PREJUDICE

AND

NOTICE OF SCHEDULED HEARING ON THIS MOTION

Thomas P. Gorman, Trustee, moves pursuant to 11 U.S.C. §1307 and 1330(a)

for revocation of the October 20, 2020 confirmation of Debtor’s Plan and also for 

dismissal of this case with prejudice, and states as cause therefore the following:

1. This case was commenced by the filing of a Chapter 13 Petition on October 16, 

2019.

2. Debtor filed Schedules, including Schedules I/J and Form 122C, at the same 

time he filed the Petition.

3. In those Schedules Debtor listed a $1,096.00/mo. deduction at Line 5 of 

Schedule J (Dkt. #1, pg. 37) and also at Line 9b of Form 122C-2 (Dkt. #1, pg. 

51).

1

4. Upon information and belief, that $1,096.00/mo. deduction was attributable to a 

second trust mortgage obligation.

5. Debtor has since filed three (3) Amended Schedule J’s, all of which have 

contained the same $1,096.00/mo. deduction for Debtor’s second trust 

mortgage obligation.2 The most recent representation of the six affirmative 

representations3that he had an ongoing $1,096.00/mo. second trust payment 

obligation was just made on September 17, 2020. 

6. The most recent such Plan filed September 17, 2020 was confirmed by Order 

entered October 20, 2020 (Dkt. #68) and provides for an estimated 30% 

distribution to unsecured creditors.

1 Debtor amended Form 122C on March 26, 2020 (Dkt #40), which amendment also included the 

$1,096.00/mo. deduction.

2 Dkt. #19, pg. 9; Dkt. #39, pg. 9; Dkt. #63, pg. 9)

3 Two Form 122C’s and four Schedule J’s.

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Notice and Motion to Dismiss

Christian E. Dorsey, Case #19-13402-BFK 

7. Debtor’s Plans and budgets have all been based on his affirmative 

representations that his disposable income should be reduced by that 

$1,096.00/mo. second trust mortgage payment. 

8. It now turns out that the second trust was forgiven and released prior to the

filing of the Petition and that Debtor has never made a single payment on it 

since filing this case.

9. Debtor had no good faith basis for deducting this expense on the four Schedule 

J’s he filed with the Court.

10. At the time Debtor filed each of his four Schedule J’s in this case he knew he 

would not be making the $1,096.00/mo. payment on the second trust is in the 

future.

11. But for his improper deduction of this expense on his two Form 122C and his 

four Schedule J’s, Debtor’s Plan payment would have been required to be 

$1,096.00/mo. more that he is presently paying.

12. Unsecured creditors have been directly prejudiced by Debtor’s affirmative 

misrepresentation of his financial obligations.

13. Cause exists under 11 U.S.C. §1330(a) to revoke the confirmation Order 

entered October 20, 2020 as it was procured by fraud.

14. Debtor’s conduct and lack of veracity also warrant dismissal of this case with 

prejudice.

WHEREFORE Trustee prays that the confirmation order entered October 20,

2020 be revoked and that this case be dismissed with prejudice for a period of not less 

than two (2) years, and for such other and further relief as the Court deems appropriate.

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.

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Notice and Motion to Dismiss

Christian E. Dorsey, Case #19-13402-BFK 

Attend the hearing to be held on December 3, 2020 at 1:30 p.m. in Courtroom #1 on 

the 2nd floor, United States Bankruptcy Court, 200 South Washington Street, 

Alexandria, VA 22314.4 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: __November 12, 2020_____ __/s/ Thomas P. Gorman______

Thomas P. Gorman

Chapter 13 Trustee

300 N. Washington Street, #400

Alexandria, VA 22314

(703) 836-2226

VSB 26421

CERTIFICATE OF SERVICE

I hereby certify that I have this 12th day of November, 2020, served via ECF to 

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

Prejudice, Notice of Motion and Notice of Hearing to the following parties.

Christian E. Dorsey

Chapter 13 Debtor

1009 S. Columbus St.

Arlington, VA 22204 

Tommy Andrews, Jr., Esq.

Attorney for Debtor

122 N. Alfred St.

Alexandria, VA 22314 

and to all Creditors and Parties of interests on the attached Matrix. 

___/s/ Thomas P. Gorman_____

Thomas P. Gorman

4 Pursuant to the Bankruptcy Court’s Protocol in response to COVID-19 Public Health 

Emergency, parties appearing for hearings shall appear telephonically at the hearing 

through the Court’s CourtSolutions program http://www.court-solutions.com. 

Case 19-13402-BFK Doc 75 Filed 11/12/20 Entered 11/12/20 12:54:55 Desc Main

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 Label Matrix for local noticing Capital One Auto Finance, a division of Capi (p)PNC BANK RETAIL LENDING 

 0422-1 4515 N Santa Fe Ave. Dept. APS P O BOX 94982 

 Case 19-13402-BFK Oklahoma City, OK 73118-7901 CLEVELAND OH 44101-4982 

 Eastern District of Virginia 

 Alexandria 

 Tue Nov 10 10:38:38 EST 2020 

 SPECIALIZED LOAN SERVICING LLC Specialized Loan Servicing LLC Specialized Loan Servicing, LLC 

 8742 Lucent Blvd, Suite 300 14841 DALLAS PKWY SUITE 425 SHAPIRO & BROWN, LLP 

 Highlands Ranch, CO 80129-2386 Dallas, TX 75254-8067 501 Independence Parkway, Suite 203 

 Chesapeake, VA 23320-5174 

 

 United States Bankruptcy Court AT&T Universal Citi Card American Express National Bank 

 200 South Washington Street Attn: Bankruptcy c/o Becket and Lee LLP 

 Alexandria, VA 22314-5405 Po Box 790034 PO Box 3001 

 St Louis, MO 63179-0034 Malvern PA 19355-0701 

 Amex Arlington County Treasurer Brock & Scott 

 Correspondence/Bankruptcy 2100 Clarendon Blvd, Ste 217 484 Viking Dr, Ste 203 

 Po Box 981540 Arlington, VA 22201-5447 Virginia Beach, VA 23452-7321 

 El Paso, TX 79998-1540 

 Capital One Auto Finance Capital One Auto Finance, a division of (p)JPMORGAN CHASE BANK N A 

 Attn: Bankruptcy AIS Portfolio Services, LP BANKRUPTCY MAIL INTAKE TEAM 

 Po Box 30285 4515 N Santa Fe Ave. Dept. APS 700 KANSAS LANE FLOOR 01 

 Salt Lake City, UT 84130-0285 Oklahoma City, OK 73118-7901 MONROE LA 71203-4774 

 ChexSystems Costco Anywhere Visa Card Early Warning Services 

 Attn: Consumer Relations Attn: Bankruptcy 16552 N 90th St. 

 7805 Hudson Rd., Suite 100 Po Box 6500 Scottsdale, AZ 85260-1619 

 Saint Paul, MN 55125-1703 Sioux Falls, SD 57117-6500 

 Equifax Check Services Experian Fidelity National Title Insurance Company 

 PO Box 30272 475 Anton Blvd c/o Staci Ulrich 

 Tampa, FL 33630-3272 Costa Mesa, CA 92626-7037 2533 N. 117th Ave. 

 Omaha, NE 68164-3679 

 Internal Revenue Service Internal Revenue Service Internal Revenue Service - VA 

 P.O. Box 7346 PO Box 621504 Centralized Insolvency 

 Philadelphia, PA 19101-7346 Atlanta, GA 30362-3004 P.O. Box 7346 

 Philadelphia, PA 19101-7346 

 JPMorgan Chase Bank, N.A. (p)JEFFERSON CAPITAL SYSTEMS LLC LVNV Funding, LLC 

 s/b/m/t Chase Bank USA, N.A. PO BOX 7999 Resurgent Capital Services 

 c/o National Bankruptcy Services, LLC SAINT CLOUD MN 56302-7999 PO Box 10587 

 P.O. Box 9013 Greenville, SC 29603-0587 

 Addison, Texas 75001-9013 

 

 Specialized Loan Servicing LLC Synchrony Bank/Amazon TD Bank USA, N.A. 

 6200 S. Quebec Street Attn: Bankruptcy C O WEINSTEIN & RILEY, PS 

 Greenwood Village, CO 80111-4720 Po Box 965060 2001 WESTERN AVENUE, STE 400 

 Orlando, FL 32896-5060 SEATTLE, WA 98121-3132 

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 Target (p)TELECHECK SERVICES INC TransUnion 

 Attn: Bankruptcy P O BOX 6806 P.O. Box 2000 

 Po Box 9475 HAGERSTOWN MD 21741-6806 Chester, PA 19016-2000 

 Minneapolis, MN 55440-9475 

 

 United Bank Virginia Department of Taxatio Christian E. Dorsey 

 500 Virginia St E PO Box 2156 1009 S. Columbus St. 

 Charleston, WV 25301-2199 Richmond, VA 23218-2156 Arlington, VA 22204-3423 

 John P. Fitzgerald, III Thomas P. Gorman Tommy Andrews Jr. 

 Office of the U.S. Trustee - Region 4 341 Dial 866-630-6853 Code: 6786636 Tommy Andrews, Jr. P.C. 

 1725 Duke Street 300 N. Washington St. Ste. 400 122 North Alfred St. 

 Suite 650 Alexandria, VA 22314-2550 Alexandria, VA 22314-3011 

 Alexandria, VA 22314-3489 

 

 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). 

 PNC Bank, N.A. Chase Card Services Jefferson Capital Systems LLC 

 PNC Mortgage, a division of PNC Bank, N. Attn: Bankruptcy Po Box 7999 

 3232 Newmark Drive Po Box 15298 Saint Cloud Mn 56302-9617 

 Miamisburg, OH 45342 Wilmington, DE 19850-0000 

 (d)Pnc Mortgage Telecheck Services, Inc. 

 Attn: Bankruptcy 5251 Westheimer 

 3232 Newmark Drive Houston, TX 77056-0000 

 Miamisburg, OH 45342-0000 

 The following recipients may be/have been bypassed for notice due to an undeliverable (u) or duplicate (d) address. 

 (d)Capital One Auto Finance, a division of Ca (d)Specialized Loan Servicing LLC (d)Capital One Auto Finance, a division of Ca

 4515 N Santa Fe Ave. Dept. APS 14841 Dallas Pkwy Suite 425 4515 N Santa Fe Ave. Dept. APS 

 Oklahoma City, OK 73118-7901 Dallas, TX 75254-8067 Oklahoma City, OK 73118-7901 

 (d)United Bank End of Label Matrix 

 500 Virginia St E Mailable recipients 38 

 Charleston, WV 25301-2199 Bypassed recipients 4 

 Total 42 

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