John D. Burns, Esq. Md. Bar No. 22777 (Admitted Pro Hac Vice)

The Burns Law Firm, LLC

6303 Ivy Lane, Suite 102

Greenbelt, MD 20770

(301) 441-8780

Steven H. Greenfeld, Esq. (#30332)

Cohen, Baldinger and Greenfeld, LLC

2600 Tower Oaks Blvd., Suite 290

Rockville, MD 20852

(301) 881-8300

Co-counsel for Debtor, David Michael Maresca

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

(ALEXANDRIA DIVISION)

IN RE: *

*

DAVID MICHAEL MARESCA * Case No. 20-11483-khk

* (Chapter 7, converted from 11)

Debtor *

___________________________________ *

MOTION TO WITHDRAW AND STRIKE APPEARANCE OF PRO HAC VICE 

COUNSEL JOHN D. BURNS, ESQUIRE AND LOCAL COUNSEL STEVE H.

GREENFELD, ESQUIRE

JOHN D. BURNS, ESQUIRE and The Burns LawFirm, LLC, and STEVEN H. 

GREENFELD, ESQUIRE, and Cohen, Baldinger & Greenfeld, hereby file this Motion to 

Withdraw and Strike Appearance of Pro Hac Vice Counsel and Local Counsel respectively 

herein (the “Motion”), and states as follows:

John D. Burns, Esquire and The Burns LawFirm, LLC (“TBLF”) entered an 

appearance for David Maresca (the “Debtor”) in this Chapter 7 Case on February 16, 2021 by a 

Motion for Admission of Pro Hac Vice Counsel and the request was duly granted. The TBLF 

entered an appearance for Debtor in Adversary No. 20-01601 (McCarty v. Maresca) which was 

successfully resolved and closed. The TBLF entered an appearance for Debtor Adversary No. 

21-01028 (United States Trustee v. Maresca), which was an ongoing engagement until the 

Debtor defaulted on November 9, 2021. Regrettably, since such time the Debtor has not been in 

Case 20-11483-KHK Doc 285 Filed 12/02/21 Entered 12/02/21 13:29:15 Desc Main

Document Page 1 of 4
John D. Burns, Esq. Md. Bar No. 22777 (Admitted Pro Hac Vice)

The Burns Law Firm, LLC

6303 Ivy Lane, Suite 102

Greenbelt, MD 20770

(301) 441-8780

Steven H. Greenfeld, Esq. (#30332)

Cohen, Baldinger and Greenfeld, LLC

2600 Tower Oaks Blvd., Suite 290

Rockville, MD 20852

(301) 881-8300

Co-counsel for Debtor, David Michael Maresca

productive or any substantive communication with the TBLF which impairs representation to an 

professionally unacceptable degree. Likewise, the TBLF has been unable to procure important 

decisions on behalf of the Debtor which likewise impairs representation such that TBLF cannot 

effectively function as counsel or an officer of the Court. 

Accordingly, after reasonable notice, with regret but necessity TBLF seeks to 

have its appearance STRICKEN and WITHDRAWN from the main case, Adv. No. 21-01028 

with the United States Trustee, and Adv. No. 20-01601, the latter of which is closed but for the 

purposes of completeness the matter could be reopened for reasons perhaps in the future, 

unknown at present time. The TBLF provided the Debtor with a letter on September 10, 2021 

which notified of him of proposed withdrawal. The TBLF emailed the Debtor last week and 

again this week concerning potential notice of withdrawal effective today. The Debtor has not 

responded and it is time for withdrawal. TBLF cannot effectively represent an absentee client.

Likewise, Local Counsel Steven H. Greenfeld, Esquire and Cohen, Baldinger &

Greenfeld (“CBG”) seek its appearance STRICKEN and WITHDRAWN after reasonable notice 

to the Debtor given that adversity has arisen between CBG and Debtor. Withdrawal is 

mandatory. CBG is necessarily local counsel in both of the aforementioned adversary 

proceedings and in the main case.

A separate copy of this Motion shall be separately filed in each of the adversary 

proceedings in addition to this filing in the main case. Reasonable notice is the standard under 

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Document Page 2 of 4
John D. Burns, Esq. Md. Bar No. 22777 (Admitted Pro Hac Vice)

The Burns Law Firm, LLC

6303 Ivy Lane, Suite 102

Greenbelt, MD 20770

(301) 441-8780

Steven H. Greenfeld, Esq. (#30332)

Cohen, Baldinger and Greenfeld, LLC

2600 Tower Oaks Blvd., Suite 290

Rockville, MD 20852

(301) 881-8300

Co-counsel for Debtor, David Michael Maresca

the Local Rules and both TBLF and CBG aver they have met that standard for withdrawal.

No memorandum accompanies this Motion pursuant to Local Rule 9013-1(G) and 

the points and authorities are combined. Both TBLF and CBG consent to the entry of final 

Orders in this contested matter by the Bankruptcy Court. 

WHEREFORE, TBLF and CBG respectfully request that this Motion be 

GRANTED and such other and further relief granted as equity and justice may require.

Respectfully submitted this 2nd day of December, 2021.

-------/S/ John D. Burns -------

____________________________

John D. Burns, Esq. (#MD U.S.D.C. 22777, Admitted Pro Hac Vice)

The Burns Law Firm, LLC

6303 Ivy Lane, Suite 102

Greenbelt, MD 20770

(301) 441-8780

info@burnsbankruptccyfirm.com

Co- Counsel for the Debtor

-AND-

--------/S/ Steven H. Greenfeld--------

_______________________________

Steven H. Greenfeld, Esquire (#VA.30332)

2600 Tower Oaks Blvd.. STE 290

Rockville, MD 20852

Local Counsel to Debtor

(301) 881-8300

steveng@cohenbaldinger.com

Co-Counsel for the Debtor

Case 20-11483-KHK Doc 285 Filed 12/02/21 Entered 12/02/21 13:29:15 Desc Main

Document Page 3 of 4
John D. Burns, Esq. Md. Bar No. 22777 (Admitted Pro Hac Vice)

The Burns Law Firm, LLC

6303 Ivy Lane, Suite 102

Greenbelt, MD 20770

(301) 441-8780

Steven H. Greenfeld, Esq. (#30332)

Cohen, Baldinger and Greenfeld, LLC

2600 Tower Oaks Blvd., Suite 290

Rockville, MD 20852

(301) 881-8300

Co-counsel for Debtor, David Michael Maresca

CERTIFICATE OF SERVICE

I hereby certify that on this 2nd day of December, 2021, a copy of the foregoing 

Debtor’s Motion, Notice and Order was served via ECF on registered recipients or by email and 

mail to the following parties in interest:

VIA ECF:

United States Trustee

1725 Duke Street; STE 650

Alexandria, VA 22314

Jason Gold, Esquire

Dylan C. Trache, Esquire 

Nelson, Mullins, Riley & Scarborough, LLP

101 Constitution Avenue, NW; STE 900

Washington DC 20001

VIA MAIL and EMAIL:

David Michael Maresca

8801 Sudley Road, Unit 2721

Manassas, VA 20108

/s/ John D. Burns

John D. Burns, Esq.

Case 20-11483-KHK Doc 285 Filed 12/02/21 Entered 12/02/21 13:29:15 Desc Main

Document Page 4 of 4