KUTAK ROCK LLP 

Jeremy S. Williams (VSB # 77469) 

901 East Byrd Street, Suite 1000 

Richmond, Virginia 23219 

Telephone: (804) 644-1700 

Facsimile: (804) 783-6192 

Counsel for Darnell F. Branch and Rosetta Branch 

UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA 

Richmond Division 

IN RE: JENNIFER A. CRUMBLE, Case No. 21-30027-KLP 

 Chapter 13 

Debtor. 

_____________________________________ 

DARNELL F. BRANCH and 

ROSETTA BRANCH, 

 Movants, 

v. 

JENNIFER A. CRUMBLE, and 

CARL M. BATES, TRUSTEE, 

 Respondents. 

MOTION FOR RELIEF FROM THE AUTOMATIC STAY 

AND CONSENT ORDER GRANTING RELIEF 

Darnell F. Branch and Rosetta Branch (“Movants”), by counsel, move for relief 

from the automatic stay pursuant to 11 U.S.C. § 362(d) and Rules 4001(a) and 9014 of 

the Federal Rules of Bankruptcy Procedure, and states the following in support of this 

motion: 

PARTIES 

1. Jennifer A. Crumble (the “Debtor”) filed a voluntary petition under 

Chapter 13 of the Bankruptcy Code on January 6, 2021. 

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2. Movants are creditors of the debtor by virtue of injuries sustained in 

connection with an automobile accident with the Debtor. 

3. Carl M. Bates (the “Trustee”) is the Trustee for the Chapter 13 bankruptcy 

estate. Movant does not believe the Trustee is a necessary party to the adjudication of 

this Motion because the relief sought does not affect property of the estate. However, 

Movant names the Trustee as a nominal defendant as a precaution. 

JURISDICTION AND VENUE 

4. This Court has subject-matter jurisdiction over this Motion pursuant to 11 

U.S.C. § 1334 and 28 U.S.C. § 157. 

5. This Court has personal jurisdiction over all necessary parties because the 

parties are citizens of the Commonwealth of Virginia and are located within this district. 

6. This proceeding is a core proceeding pursuant to 28 U.S.C. 

§ 157(b)(2)(G). 

7. Venue lies in this Court pursuant to 28 U.S.C. § 1409. 

RELIEF REQUESTED 

8. On or about May 17, 2017, Darnell F. Branch was a driver and Rosetta 

Branch was a passenger in a vehicle involved in a car collision caused by the Debtor (the 

“Accident”). As a result of the Accident and injuries sustained in connection therewith, 

Darnell Branch and Rosetta Branch filed separate suits against the Debtor in the Circuit 

Court for the City of Richmond [Case Nos. CL1800443200 and CL19002356] (the 

“Suits”). The Movants will ultimately seek recovery against certain non-Debtor parties 

who may be liable, including the Debtor’s insurer (the “Insurer”), which may require that 

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the Insurer provide coverage in connection with the Suits. The Suits, to which the Debtor 

is a necessary named party, has been stayed by virtue of the Debtor’s bankruptcy filing. 

9. Movants seek relief from the automatic stay authorizing them to initiate 

and/or continue their civil proceeding, including the continuation of the Suits, the filing 

of a new suit, if necessary, or engagement in any related actions, including mediation and 

other settlement discussions. Such actions are necessary to obtain relief in connection 

with the Accident. Movants seek such relief solely for the purpose of pursuing any 

applicable coverage from non-Debtor parties, including the Insurer. The Debtor is a 

necessary and critical party to any suit and any such discussions so, as a matter of 

necessity, Debtor may be required to testify. 

10. Bankruptcy courts, including this Court, have held that cause exists under 

§362(d) to modify the automatic stay to permit injured plaintiffs to pursue their personal 

injury suits in state court. In re Fowler, 259 B.R. 856 (Bankr. E.D. Tex. 2001); In re New 

York Med. Group, P.C., 265 B.R. 408 (Bankr. S.D.N.Y. 2001); and Pieklik v. Hudgins (In 

re Hudgins), 102 B.R. 495 (Bankr. E.D. Va. 1989). 

11. Moreover, the state court is the proper forum to consider Movants’ claims. 

The Accident raises issues of state law and involves a claim that is a non-core matter and 

specifically excluded from the jurisdiction of this Court pursuant to 28 U.S.C. § 157. 

Core matters are defined to explicitly exclude “personal injury tort or wrongful death 

claims.” 28 U.S.C. § 157(b)(2)(O). Given the nature of the claim, Movants are entitled 

to relief from stay for the reasons set forth above. 

12. The Debtor and the Trustee have consented to the relief requested herein 

and a consent order is attached hereto as Exhibit A.

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WHEREFORE, Movants request the Court to modify the stay as requested 

above and to award any further relief the Court deems proper. 

DARNELL F. BRANCH and 

ROSETTA BRANCH 

 

By: /s/ Jeremy S. Williams 

Counsel 

KUTAK ROCK LLP 

Jeremy S. Williams (VSB # 77469) 

901 East Byrd Street, Suite 1000 

Richmond, Virginia 23219 

Telephone: (804) 644-1700 

Facsimile: (804) 783-6192 

Counsel for Darnell F. Branch and Rosetta Branch 

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CERTIFICATE OF SERVICE 

Pursuant to the Local Rules of this Court, I hereby certify under penalty of perjury 

that on January 20, 2021, all necessary parties were served via ECF, e-mail and regular 

mail as follows: 

Counsel for Debtor: 

James E. Kane 

Kane & Papa, PC 

1313 East Cary Street 

P.O. Box 508 

Richmond, VA 23218-0508 

Debtor: 

Jennifer A. Crumble 

135 Drybridge Court 

Sandston, VA 23150 

Chapter 13 Trustee: 

Carl M. Bates 

P. O. Box 1819 

Richmond, VA 23218 

 /s/ Jeremy S. Williams 

 Counsel 

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EXHIBIT A

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KUTAK ROCK LLP 

Jeremy S. Williams (VSB # 77469) 

901 East Byrd Street, Suite 1000 

Richmond, Virginia 23219 

Telephone: (804) 644-1700 

Facsimile: (804) 783-6192 

Counsel for Darnell F. Branch and Rosetta Branch 

UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA 

Richmond Division 

IN RE: JENNIFER A. CRUMBLE, Case No. 21-30027-KLP 

 Chapter 13 

Debtor. 

_____________________________________ 

DARNELL F. BRANCH and 

ROSETTA BRANCH, 

 Movants, 

v. 

JENNIFER A. CRUMBLE, and 

CARL M. BATES, TRUSTEE, 

 Respondents. 

ORDER GRANTING RELIEF FROM THE AUTOMATIC STAY 

 Upon consideration of the motion of Darnell F. Branch and Rosetta Branch, to modify the 

automatic stay; it is 

ORDERED that the automatic stay imposed by 11 U.S.C. § 362 is modified nun pro tunc 

to the filing date of the Suit, to permit the movants and their successors and assigns to proceed 

with the lawsuits styled as Branch v. Crumble, Case Nos. CL1800443200 and CL19002356 and 

pending before the Circuit Court for the City of Richmond, to initiate a new lawsuit or, multiple 

lawsuits, if necessary, or engage in any related actions, including mediation and other settlement 

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discussions, and any related cases, solely to pursue any available insurance coverage or recovery 

from any non-debtor parties. 

 

Dated: 

 UNITED STATES BANKRUPTCY JUDGE 

I ask for this 

 /s/ Jeremy S. Williams 

KUTAK ROCK LLP 

Jeremy S. Williams (VSB # 77469) 

901 East Byrd Street, Suite 1000 

Richmond, Virginia 23219 

Telephone: (804) 644-1700 

Facsimile: (804) 783-6192 

Counsel for Darnell F. Branch and Rosetta Branch

Seen and No Objection: 

/s/ James E. Kane 

James E. Kane 

Kane & Papa, PC 

1313 East Cary Street 

P.O. Box 508 

Richmond, VA 23218-0508 

Counsel to the Debtor 

 /s/ Carl M. Bates 

Carl M. Bates 

P.O. Box 1819 

Richmond, VA 23218 

Trustee 

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CERTIFICATION OF ENDORSEMENT 

Pursuant to the Local Rules of this Court, I hereby certify under penalty of perjury that all 

necessary parties have endorsed this Order. The undersigned further certifies that the foregoing 

Consent Order Modifying Automatic Stay is substantially identical to the form order required by 

Administrative Order and that no modifications, additions, or deletions have been made. 

/s/ Jeremy S. Williams 

 Attorney for Movants 

 

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SERVICE LIST 

Jeremy S. Williams, Esq. 

901 E. Byrd Street, Suite 1000 

Richmond, VA 23219 

James E. Kane 

Kane & Papa, PC 

1313 East Cary Street 

P.O. Box 508 

Richmond, VA 23218-0508 

Jennifer A. Crumble 

135 Drybridge Court 

Sandston, VA 23150 

Carl M. Bates, Esq. 

P.O. Box 1819 

Richmond, VA 23218 

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