Kathryn R. Montgomery, Esq., AUST (Va. Bar No. 42380)

Shannon Pecoraro, Esq. (Va. Bar No. 46864)

Jason B. Shorter, Esq. (Va. Bar No. 80989)

Office of the United States Trustee

701 East Broad Street - Suite 4304

Richmond, VA 23219

Telephone (804) 771-2310

Facsimile (804) 771-2330

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

In re

David Wayne Schneider

221 Harwick Drive

NorthChesterfield, VA 23236

SSN/ITIN: xxx-xx-2942,

Debtor(s).

 Case No. 21-30347-KLP

Chapter 7

NOTICE OF MOTION TO EXTEND TIME 

(1) TO OBJECT TO DISCHARGE AND (2) TO FILE A

MOTION TO DISMISS PURSUANT TO 11 U.S.C. § 707 

PLEASE TAKE NOTICE THAT the United States Trustee has filed with the Court a 

Motion To Extend Time (1) To Object To Discharge And (2) To File A Motion To Dismiss 

Pursuant To 11 U.S.C. § 707 (the “Motion”) in the above-captioned case.

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 May 17, 2021, you or your 

attorney must:

( X ) File with the Court, at the address below, a written request for a hearing 

[or a written response pursuant to Local Bankruptcy Rule 9013-1(H)]. You must 

mail or otherwise file 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, Virginia 23219

You must also mail a copy to:

Shannon Pecoraro, Esq.

Office of the United States Trustee

701 East Broad Street - Suite 4304

Richmond, VA 23219

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( X ) Attend a hearing, which may be scheduled at a later date. You will 

receive a separate notice of hearing. 

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 the relief requested.

 JOHN P. FITZGERALD, III Acting United States Trustee Region Four Date: May 3, 2021

 /s/ Shannon Pecoraro Shannon Pecoraro, Esq.

Office of the United States Trustee

701 East Broad Street - Suite 4304

Richmond, VA 23219

Telephone (804) 771-2310

Facsimile (804) 771-2330

CERTIFICATE OF SERVICE

I hereby certify that on May 3, 2021, a true copy of the foregoing was served via 

electronic mail pursuant to the Administrative Procedures of the CM/ECF System for the United 

States Bankruptcy Court for the Eastern District of Virginia to all necessary parties. In addition, 

a copy was mailed to the following:

David Wayne Schneider

221 Harwick Drive

North Chesterfield, VA 23236

/s/ Shannon Pecoraro Shannon Pecoraro

Trial Attorney

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Kathryn R. Montgomery, Esq., AUST (Va. Bar No. 42380)

Shannon Pecoraro, Esq. (Va. Bar No. 46864)

Jason B. Shorter, Esq. (Va. Bar No. 80989)

Office of the United States Trustee

701 East Broad Street - Suite 4304

Richmond, VA 23219

Telephone (804) 771-2310

Facsimile (804) 771-2330

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

In re

David Wayne Schneider,

Debtor(s).

 Case No. 21-30347-KLP

Chapter 7

 MOTION TO EXTEND TIME TO (1) OBJECT TO DISCHARGE AND

(2) TO FILE A MOTION TO DISMISS PURSUANT TO 11 U.S.C. § 707 

COMES NOW JOHN P. FITZGERALD, III, the Acting United States Trustee for the 

Eastern District of Virginia (the "United States Trustee"), through the undersigned counsel and 

pursuant to §§ 707 and 727 of 11 U.S.C. §§ 101, et seq. (the “Bankruptcy Code”) and 

Bankruptcy Rules 1017(e)(1), 4004, 4007 and 9006(b) of the Federal Rules of Bankruptcy 

Procedure, hereby requests this Court to extend the time to object to the above-captioned 

Debtor’s (the “Debtor”) discharge and to extend time to file a motion to dismiss this case. In 

support of this request, the United States Trustee states as follows:

1. This is a core proceeding concerning the administration of this estate pursuant to 

28 U.S.C. §157(b)(2)(A) and 28 U.S.C. § 1334.

2. On or about February 2, 2021, the Debtor filed a voluntary petition for relief 

under Chapter 7 of the Bankruptcy Code.

3. Peter J. Barrett (the “Chapter 7 Trustee”) was appointed trustee and continues to 

serve as trustee in this bankruptcy case.

4. The Chapter 7 Trustee has requested certain documentation in this case and is in 

the process of analyzing assets in the case. The United States Trustee is also reviewing the 

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documentation in this case in furtherance of his duties.

5. The adjourned § 341 meeting is scheduled for May 11, 2021, which is after the 

expiration of the current deadlines under §§ 707(b) and 727.

6. In the Schedules of Assets and Liabilities (the “Schedules”), the Debtor lists total 

unsecured debt of $108,462.00.

7. On Schedule I, the Debtor lists total gross monthly income of $4,333.33, and 

Combined Average Monthly Income of $2,418.82.

8. Based upon the above, the United States Trustee requests an extension of time to 

file a motion to dismiss this case pursuant to Bankruptcy Code § 707 and/or to object to the 

Debtors’ discharge pursuant to Bankruptcy Code § 727.

9. The circumstances set forth above constitute sufficient cause for granting the 

requested extension of time.

10. There have been no previous extensions of time filed in this case and the deadline 

expires May 3, 2021.

WHEREFORE, the United States Trustee requests this Court to extend the date to file a 

motion to dismiss pursuant to Bankruptcy Code § 707 and/or to object to the Debtor’s discharge 

pursuant to Bankruptcy Code § 727 through and including, August 2, 2021, and for such other 

relief as this Court deems just.

Respectfully requested

JOHN P. FITZGERALD, III

Acting United States Trustee

Region Four

 By: /s/ Shannon Pecoraro Shannon Pecoraro

Trial Attorney

Date: May 3, 2021

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CERTIFICATE OF SERVICE

I do hereby certify that on May 3, 2021, a true copy of the foregoing was served via 

electronic mail pursuant to the Administrative Procedures of the CM/ECF System for the United 

States Bankruptcy Court for the Eastern District of Virginia to all necessary parties. In addition, 

a copy was mailed to the following:

David Wayne Schneider

221 Harwick Drive

North Chesterfield, VA 23236

/s/ Shannon Pecoraro Shannon Pecoraro, Esq. Trial Attorney

Office of the United States Trustee

701 East Broad Street - Suite 4304

Richmond, VA 23219

Telephone (804) 771-2310

Facsimile (804) 771-2330

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Kathryn R. Montgomery, Esq., AUST (Va. Bar No. 42380)

Shannon Pecoraro, Esq. (Va. Bar No. 46864)

Jason B. Shorter, Esq. (Va. Bar No. 80989)

Office of the United States Trustee

701 East Broad Street - Suite 4304

Richmond, VA 23219

Telephone (804) 771-2310

Facsimile (804) 771-2330

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

In re

David Wayne Schneider,

Debtor(s).

 Case No. 21-30347-KLP

Chapter 7

ORDER EXTENDING TIME (1) TO FILE A COMPLAINT

TO OBJECT TO THE DISCHARGE AND (2) TO FILE A

MOTION TO DISMISS PURSUANT TO 11 U.S.C. § 707

This matter came before the Court upon the United States Trustee’s Motion To Extend 

Time (1) To Object To Discharge And (2) To File A Motion To Dismiss Pursuant To 11 U.S.C.

§707 (the “Motion”), and it appearing that due notice was given and that good cause exists to

grant the relief sought in the Motion, it is hereby ORDERED:

1. The Motion is GRANTED.

2. Capitalized terms not otherwise defined herein shall have the meanings given to

them in the Motion.

3. The last day to file a complaint to object to the above captioned Debtor’s

discharge or to file a motion to dismiss this case is extended through and including August 2, 

2021.

4. Upon entry, the Clerk is directed to send a copy of this Order to all parties on the 

service list attached hereto. 

Dated:

_________________________

Keith L. Phillips

Bankruptcy Judge

United States Bankruptcy Court

 

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I ask for this:

/s/ Shannon Pecoraro Shannon Pecoraro, Esq. Office of the United States Trustee

701 East Broad Street - Suite 4304

Richmond, VA 23219 

CERTIFICATION

I hereby certify that this Order has been either served on or endorsed by all necessary 

parties.

 /s/ Shannon Pecoraro Shannon Pecoraro

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SERVICE LIST

David Wayne Schneider

221 Harwick Drive

North Chesterfield, VA 23236

James E. Kane, Esq.

Kane & Papa, PC

1313 East Cary Street

P. O. Box 508

Richmond, VA 23218-0508

Peter J. Barrett, Esq.

Kutak Rock LLP

901 E. Byrd Street, Suite 1000

Richmond, VA 23219

Shannon Pecoraro, Esq.

Trial Attorney

Office of the United States Trustee

701 East Broad Street - Suite 4304

Richmond, VA 23219 

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