Sara A. John, VSB #48425

M. Richard Epps, P.C.

605 Lynnhaven Parkway

Virginia Beach, Virginia 23452

757-498-9600

sara_john@eppspc.com

Counsel for Plaintiff

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Richmond Division

In re: )

)

Angela Carter-Banks ) Case No. 19-35923-KRH

)

Debtor ) Chapter 13

)

Address 5817 Spruce Valley Dr )

Fredericksburg, VA 22407 )

)

Last four digits of Social Security or Individual )

Tax-payer Identification (ITIN) No(s).: 2696)

NOTICE OF MOTION AND HEARING

Performance Finance has filed papers with the court to move the court for relief from the 

automatic stay.

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 relief sought in the motion, or if you want the 

court to consider your views on the motion, then on or before fourteen (14) days from the date of 

service of this motion, you or your attorney must:

File with the court, at the address shown below, a written request for a hearing [or a 

written response pursuant to Local Bankruptcy Rule 9013-1(H)]. If you mail your request for 

hearing (or 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.

Clerk of Court

United States Bankruptcy Court

701 East Broad Street, Suite 4000

Richmond, VA 23219

You must also mail a copy to:

Sara A. John, M. Richard Epps, P.C.

605 Lynnhaven Parkway

Virginia Beach, VA 23452.

Case 19-35923-KRH Doc 29 Filed 12/16/20 Entered 12/16/20 14:29:40 Desc Main

Document Page 1 of 9
NOTICE IS HEREBY GIVEN that a hearing on this Motion will be convened on 

January 20, 2021 at 11:00 AM. NOTICE IS HEREBY GIVEN that the hearing will be 

conducted by video conference via Zoom for Government in accordance with General 

Order 20-5. Any participant wishing to appear via Zoom for Government must preregister. Parties wishing to participate in hearings via Zoom for Government must 

transmit, via e-mail, a completed request form, linked

here https://www.vaeb.uscourts.gov/wordpress/?wpfb_dl=871 as a PDF-fillable request 

form (and also attached hereto), by the requesting party to the appropriate bankruptcy 

judge’s chambers, as follows: EDVABK-ZOOM-Judge_Huennekens@vaeb.uscourts.gov.

Absent compelling circumstances, the request form should be submitted no later 

than two (2) business days prior to the hearing or proceeding. The appropriate bankruptcy 

judge’s chambers will then provide the requesting party with a registration link. All 

participants must separately register for the video conference no later than one (1) business 

day prior to the hearing or proceeding. Persons that register will receive separate email 

notification on whether their registration has been approved or denied. In the event that 

registration is approved, the confirmation email will include the participant’s unique link 

to the video conference.

UNDER NO CIRCUMSTANCES MAY ANY PARTICIPANT OR LISTENER 

RECORD OR BROADCAST THE PROCEEDINGS.

If you or your attorney do not take these 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 16, 2020 Signature and name of person giving notice:

/s/ Sara A. John

Sara A. John

M. Richard Epps, P.C.

Counsel for Performance Finance

Certificate of Service

I hereby certify that on December 16, 2020 I mailed or electronically served a true copy 

of the foregoing Notice of Motion to: Angela Carter-Banks, 5817 Spruce Valley Dr, 

Fredericksburg, VA 22407; Jamie Demonde Banks, 5817 Spruce Valley Dr, Fredericksburg, VA

22407; Carl M. Bates, Trustee, P.O. Box 1819, Richmond, VA 23218; and Tommy Andrews, Jr., 

Counsel to Debtor, 122 N. Alfred Street, Alexandria, VA 22314.

 /s/ Sara A. John

Sara A. John

M. Richard Epps, P.C.

Case 19-35923-KRH Doc 29 Filed 12/16/20 Entered 12/16/20 14:29:40 Desc Main

Document Page 2 of 9
Request for Zoom Registration Link for Court Appearances Before the

United States Bankruptcy Court for the Eastern District of Virginia

Person(s) Seeking 

to Register:1

 

Case Name: 

Case Number: 

Hearing / Trial Date: 

Hearing / Trial Time: AM or PM

Method of Attendance (Check one): Computer Only

 Telephone Only

 Computer and Telephone

1 Each person wishing to appear must separately register using the registration link.

Case 19-35923-KRH Doc 29 Filed 12/16/20 Entered 12/16/20 14:29:40 Desc Main

Document Page 3 of 9
Sara A. John, VSB #48425

M. Richard Epps, P.C.

605 Lynnhaven Parkway

Virginia Beach, Virginia 23452

757-498-9600

sara_john@eppspc.com

Counsel for Plaintiff

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Richmond Division

In re: )

)

Angela Carter-Banks ) Case No. 19-35923-KRH

)

Debtor ) Chapter 13

)

)

TO: Jamie Demonde Banks, Co-Debtor )

)

Address 5817 Spruce Valley Dr )

Fredericksburg, VA 22407 )

NOTICE OF MOTION AND HEARING

Performance Finance has filed papers with the court to move the court for relief as to CoDebtor.

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 relief sought in the motion, or if you want the 

court to consider your views on the motion, then on or before twenty-one (21) days from the date 

of service of this motion, you or your attorney must:

File with the court, at the address shown below, a written request for a hearing [or a 

written response pursuant to Local Bankruptcy Rule 9013-1(H)]. If you mail your request for 

hearing (or 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.

Clerk of Court

United States Bankruptcy Court

701 East Broad Street, Suite 4000

Richmond, VA 23219

You must also mail a copy to:

Sara A. John, M. Richard Epps, P.C.

605 Lynnhaven Parkway

Virginia Beach, VA 23452.

Case 19-35923-KRH Doc 29 Filed 12/16/20 Entered 12/16/20 14:29:40 Desc Main

Document Page 4 of 9
NOTICE IS HEREBY GIVEN that a hearing on this Motion will be convened on 

January 20, 2021 at 11:00 AM. NOTICE IS HEREBY GIVEN that the hearing will be 

conducted by video conference via Zoom for Government in accordance with General 

Order 20-5. Any participant wishing to appear via Zoom for Government must preregister. Parties wishing to participate in hearings via Zoom for Government must 

transmit, via e-mail, a completed request form, linked

here https://www.vaeb.uscourts.gov/wordpress/?wpfb_dl=871 as a PDF-fillable request 

form (and also attached hereto), by the requesting party to the appropriate bankruptcy 

judge’s chambers, as follows: EDVABK-ZOOM-Judge_Huennekens@vaeb.uscourts.gov.

Absent compelling circumstances, the request form should be submitted no later 

than two (2) business days prior to the hearing or proceeding. The appropriate bankruptcy 

judge’s chambers will then provide the requesting party with a registration link. All 

participants must separately register for the video conference no later than one (1) business 

day prior to the hearing or proceeding. Persons that register will receive separate email 

notification on whether their registration has been approved or denied. In the event that 

registration is approved, the confirmation email will include the participant’s unique link 

to the video conference.

UNDER NO CIRCUMSTANCES MAY ANY PARTICIPANT OR LISTENER 

RECORD OR BROADCAST THE PROCEEDINGS.

If you or your attorney do not take these 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 16, 2020 Signature and name of person giving notice:

/s/ Sara A. John

Sara A. John

M. Richard Epps, P.C.

Counsel for Performance Finance

Certificate of Service

I hereby certify that on December 16, 2020 I mailed or electronically served a true copy 

of the foregoing Notice of Motion to: Angela Carter-Banks, 5817 Spruce Valley Dr, 

Fredericksburg, VA 22407; Jamie Demonde Banks, 5817 Spruce Valley Dr, Fredericksburg, VA

22407; Carl M. Bates, Trustee, P.O. Box 1819, Richmond, VA 23218; and Tommy Andrews, Jr., 

Counsel to Debtor, 122 N. Alfred Street, Alexandria, VA 22314.

 /s/ Sara A. John

Sara A. John

M. Richard Epps, P.C.

Case 19-35923-KRH Doc 29 Filed 12/16/20 Entered 12/16/20 14:29:40 Desc Main

Document Page 5 of 9
Request for Zoom Registration Link for Court Appearances Before the

United States Bankruptcy Court for the Eastern District of Virginia

Person(s) Seeking 

to Register:1

 

Case Name: 

Case Number: 

Hearing / Trial Date: 

Hearing / Trial Time: AM or PM

Method of Attendance (Check one): Computer Only

 Telephone Only

 Computer and Telephone

1 Each person wishing to appear must separately register using the registration link.

Case 19-35923-KRH Doc 29 Filed 12/16/20 Entered 12/16/20 14:29:40 Desc Main

Document Page 6 of 9
Sara A. John, VSB #48425

M. Richard Epps, P.C.

605 Lynnhaven Parkway

Virginia Beach, Virginia 23452

757-498-9600

sara_john@eppspc.com

Counsel for Plaintiff

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Richmond Division

In re:

Angela Carter-Banks Case No. 19-35923-KRH

Debtor. Chapter 13

Performance Finance,

Plaintiff,

v.

Angela Carter-Banks, Debtor,

Jamie Demonde Banks, Co-Debtor,

and

Carl M. Bates, Trustee,

Defendants.

MOTION FOR RELIEF FROM STAY 

AND FOR RELIEF AS TO CO-DEBTOR PURSUANT TO 11 U.S.C § 1301 (c)(3)

To the Honorable Judges of the Aforesaid Court:

For its Motion for Relief from Stay and for Relief as to Co-Debtor Pursuant to 11 U.S.C. § 1301 

(c)(3), Performance Finance, Plaintiff, by counsel, states as follows:

1. This Court has jurisdiction over the matters herein alleged pursuant to 28 U.S.C. § 1334.

This matter constitutes a core proceeding within the meaning of 28 U.S.C. § 157 and is a 

contested matter under Rules 4001 and 9014 of the Federal Rules of Bankruptcy Procedure.

2. Debtor herein owns an interest in the following motor vehicle, to-wit: a 2018 Indian 

Case 19-35923-KRH Doc 29 Filed 12/16/20 Entered 12/16/20 14:29:40 Desc Main

Document Page 7 of 9
Motorcycle Scout Bobber, VIN 56KMTA004J3138178 (the “vehicle”).

3. Plaintiff, Performance Finance, is a secured creditor of Debtor, being secured by a 

security interest in the vehicle with its lien duly noted on the certificate of title.

4. On November 9, 2019, Debtor filed a petition for relief under 11 U.S.C. Chapter 13.

Debtor has filed a Chapter 13 plan.

5. Under the terms of the plan, Debtor proposed to pay Plaintiff post-petition payments 

outside of the plan.

6. Debtor is in default in the making of the post-petition payments and is presently due for 

the October 16, 2020 through December 16, 2020 payments for post-petition arrearages totaling 

$837.05 with a payoff of approximately $9,545.75 on the security agreement. Plaintiff does not

have evidence of insurance on the vehicle. Plaintiff has incurred attorney’s fees and costs for 

filing this Motion.

7. Jamie Demonde Banks is a Co-Debtor of Debtor and is jointly liable on the obligation to 

Plaintiff. Co-Debtor is also a co-owner of the vehicle.

8. Under the provisions of 11 U.S.C. § 1301, Plaintiff herein has been precluded from 

seeking recovery of its claim from the Co-Debtor. Pursuant to 11 U.S.C. § 1301 (c)(3), Plaintiff 

is entitled to relief from the stay as to the Co-Debtor.

9. That Plaintiff lacks adequate protection.

10. For the above and foregoing reasons, Plaintiff asserts that cause exists sufficient to waive 

the requirement of Bankruptcy Rule 4001(a)(3), therefore allowing the Order granting the relief 

sought to be effective upon its entry.

WHEREFORE, Plaintiff moves the Court for relief from the automatic stay as to the 

above-described property pursuant to 11 U.S.C. § 362 and for relief as to the Co-Debtor 

Case 19-35923-KRH Doc 29 Filed 12/16/20 Entered 12/16/20 14:29:40 Desc Main

Document Page 8 of 9
Sara A. John, VSB #48425

M. Richard Epps, P.C.

605 Lynnhaven Parkway

Virginia Beach, Virginia 23452

757-498-9600

sara_john@eppspc.com

Counsel for Plaintiff

pursuant to 11 U.S.C. § 1301 (c)(3) so that it may proceed in accordance with state law.

Performance Finance

 /s/ Sara A. John 

Sara A. John

M. Richard Epps, P.C.

Certificate of Service

I hereby certify that on December 16, 2020 I mailed or electronically served a true copy 

of this Motion for Relief from Stay and for Relief as to Co-Debtor Pursuant to 11 U.S.C. § 1301 

(c)(3) to: Angela Carter-Banks, 5817 Spruce Valley Dr, Fredericksburg, VA 22407; Jamie 

Demonde Banks, 5817 Spruce Valley Dr, Fredericksburg, VA 22407; Carl M. Bates, Trustee, 

P.O. Box 1819, Richmond, VA 23218; and Tommy Andrews, Jr., Counsel to Debtor, 122 N. 

Alfred Street, Alexandria, VA 22314.

 /s/ Sara A. John

Sara A. John

M. Richard Epps, P.C.

Case 19-35923-KRH Doc 29 Filed 12/16/20 Entered 12/16/20 14:29:40 Desc Main

Document Page 9 of 9