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UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Alexandria Division

In Re:

JUDIE ANNE BROWN IRREVOCABLE TRUST 

AGREEMENT

Debtor

______________________________________________

Summit Community Bank, a West Virginia Banking 

Corporation

v.

Judie Anne Brown Irrevocable Trust Agreement.

Case No.: 19-12959-BFK

Chapter 11

SUMMIT COMMUNITY BANK’S RESPONSE IN SUPPORT OF THE TRUSTEE’S 

MOTION TO DISMISS OR CONVERT CASE TO CHAPTER 7

COMES NOW Summit Community Bank, a West Virginia Banking Corporation 

(“Summit”), by counsel and hereby submits its Response in Support of the United States 

Trustee’s Motion to Dismiss or Convert Case to Chapter 7 (the “Response”), and in support 

thereof, states as follows:

1. This Court has jurisdiction over this proceeding pursuant to 28 U.S.C. § 157

(b)(2)(A) and 1334 and 11 U.S.C. 362(d), and that this matter is a core proceeding.

2. On September 5, 2019 (the “Petition Date”), the Judie Anne Brown Irrevocable 

Trust Agreement (the “Debtor”), filed a petition for relief pursuant to Chapter 11 of the 

Bankruptcy Code in the United States Bankruptcy Court for the Eastern District of Virginia (the 

“Bankruptcy Case”). 

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3. In its petition, the Debtor identified itself as a single asset real estate debtor. See

Dkt. No. 1, p 2.

4. The Debtor owns 24.355 acres in Stafford County, Virginia, Tax Map #29-66B, 

which it values at $5,236,325.00 (the “Property”). See Dkt No. l, p. 12. Upon information and 

belief, the Property has been listed for sale for a period of years, without a sale.

5. Summit is the holder of a secured claim against American Life League, Inc. and 

All Endowment, Inc. (the “Company”) for a loan referred to as Loan #5828 (“Note 5828”) in 

the original principal amount of $1,700,000.00. See Proof of Claim No. 2, filed January 7, 2020.

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6. On or about September 18, 2015, the Debtor executed a Credit Line Deed of 

Trust, in the amount of $2,100,000.00 to secure the repayment of Note 5828 by pledging the 

Property in trust. The Deed of Trust was properly recorded on September 18, 2015 in the Clerk’s 

Office of Stafford County, Virginia at Instrument Number LR150017132. See Proof of Claim 

No. 2, filed January 7, 2020.

7. On or about September 18, 2015, the Debtor executed a Guaranty guaranteeing

Note 5828. See Proof of Claim No. 2, filed January 7, 2020.

8. The Company stopped making monthly payments after its payment on April 12, 

2019. At the time of this filing, the Company had missed 13 consecutive monthly payments. 

9. As of May 29, 2020, the current payoff on Note 5828 is $1,716,705.16 with a per 

diem interest charge of $215.71. See Exhibit A attached hereto.

10. Debtor has not filed a Monthly Operating Report since February 24, 2020. The

Monthly Operating Reports filed on behalf of Debtor do not show that there are funds sufficient 

1 The Debtor is also indebted to Community Bank of Chesapeake (“Community Bank”). See 

Proof of Claim No. 1, dated December 4, 2019. 

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enough to satisfy the payment obligations owed to Summit by the Company. Additionally, the 

filed Monthly Operating Reports indicate no employees and no income from operations. See Dkt 

Nos. 16-21.

11. Summit supports each of the arguments, legal citations and prayers for relief set 

forth in the Trustee’s filed Motion to Dismiss.

WHEREFORE, Summit Community Bank hereby supports the United States Trustee in 

its Motion to Dismiss or Convert Case to Chapter 7 and requests that this Honorable Court 

dismiss this Bankruptcy Case, and for such other and further relief as the Court deems just and 

proper.

Respectfully Submitted,

SUMMIT COMMUNITY BANK

By Counsel

 /s/ Mark B. Callahan

Mark B. Callahan, Esq. (VSB #22593)

Quinton B. Callahan, Esq. (VSB #81357)

David C. Nahm, Esq. (VSB #75239)

Clark & Bradshaw, P.C.

92 N. Liberty Street

Harrisonburg, VA 22803

Telephone: (540) 433-2601

Facsimile: (540) 437-0625 

Email: callahan@clark-bradshaw.com

Email: qcallahan@clark-bradshaw.com

Counsel for Summit Community Bank

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CERTIFICATE OF SERVICE

I hereby certify that on this 1

st day of June, 2020 that service of a true copy of the 

foregoing was sent via the United States Bankruptcy Court CM/ECF filing system to all parties 

requesting notice and via First-Class, U.S. Mail to the parties listed below: 

Judie Anne Brown Irrevocable Trust Agreement

11905 Bowman Drive, Suite 510

Fredericksburg, VA 22408

Debtor

Daniel M. Press, Esq.

Chung & Press, P.C.

6718 Whittier Avenue, Suite 200

McLean, VA 22101

Counsel for Debtor

John P. Fitzgerald, III, Esq.

Jack Frankel, Esq.

Office of the U.S. Trustee - Region 4

1725 Duke Street, Suite 650

Alexandria, Virginia 22314

U.S. Trustee

 /s/ Mark B. Callahan

 Mark B. Callahan, Esq. (VSB #22593)

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Exhibit A

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