UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Alexandria Division

IN RE: Shrilly Ann Ginwright CASE NO. 20-10872 KHK

Debtor Chapter 13

OBJECTION TO AMENDED CLAIM #12

COMES NOW Debtor, by counsel, to Object to Amended Claim #12 filed on behalf of the

Oxford Station Townhouse Association (“Oxford Station”) in the above numbered case. Debtor

objects to Amended Claim #12 for $9,143 filed on January 5, 2021. This “amended claim” seeks

to add $2,168 in post-petition charges to its pre-petition claim of $6,966 for a total claim of

$9,143. Debtor now object to this post petition $2,168.

1. “Claimant” filed an amended claim for a postpetition debt using Official Form 410

without the explicit permission of the Court.

2. This postpetition claim contains no information as to how it rightfully stems from the

Covenants and Declarations of the Homeowner Association.

3. Though it has been raised many times before in this case, “Claimant’s claim” does not

contain any documents or information as to how the Oxford Station Townhouse

Association has authority to make its claim. The homeowner association has not had an

election having a quorum of homeowners that is necessary to elect officers and directors in

Case 20-10872-KHK Doc 105 Filed 03/05/21 Entered 03/05/21 19:19:37 Desc Main

Document Page 1 of 3
over 15 years. In fact, a so called annual meeting of homeowners was again conducted

only 60 days ago without an effort to collect a necessary quorum of homeowners to elect

a board of directors and officers.

The bylaws and the election rules for the board of directors are the essence of community

self-government and what confers lawful authority. “Claimant’s” bylaws require annual elections

with specified quorums. There is no hold over clause for the directors of this association. The

Supreme Court of Virginia, in Anderson v. Lake Arrowhead Civic Ass'n, Inc., 483 S.E.2d 209,

253 Va. 264 (1997) (attached), requires the strictest construction and compliance with bylaws. In

Lake Arrowhead a simple failure of what was called “a ministerial mistake” (timely filing a letter

renewing its authority with the Stafford County Clerk) resulted in the loss of the power to charge

and collect on nearly all community assessments. What can be a greater violation of an

association's bylaws than not having bona fide elections to the Board and permitting individuals to

simply appoint themselves ?

WHEREFORE Debtor prays that so called Amended Claim #12 be dismissed and that

claimant be held responsible for Debtor's attorney fees and costs in this matter.

Respectfully submitted,

/s/ Barry Weintraub

Counsel for Debtor

Barry Weintraub

Attorney at Law

32 Hayes St.

Stafford, VA 22556

540-658-9980

Case 20-10872-KHK Doc 105 Filed 03/05/21 Entered 03/05/21 19:19:37 Desc Main

Document Page 2 of 3
CERTIFICATE OF SERVICE

I hereby certify that I have this March 5, 2021 served via the CM/ECF system or sent by

first class mail a true copy of the foregoing Objection to Claim and Notice of the Objection to the

following parties.

/s/ Barry Weintraub

Thomas P. Gorman, Esq.

300 N. Washington St., #400

Alexandria, VA 22314

Chapter 13 Trustee

Oxford Station Townhouse Association

c/o Association Management

101 Sunningdale Dr

Stafford, VA 22556

Walter J. Buzzetta, Esq.

Stradley Ronon Stevens & Young, LLP

2000 K Street, N.W., Suite 700

Washington, D.C. 20036

Defense Counsel

Peter C. Biberstein, Esq.

Thomas, Thomas & Hafer, LLP

1025 Connecticut Ave. NW Suite 608

Washington, D.C. 20036

Defense Counsel

Case 20-10872-KHK Doc 105 Filed 03/05/21 Entered 03/05/21 19:19:37 Desc Main

Document Page 3 of 3