UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA 

RICHMOND DIVISION 

In re: Paul Richard Stewart Case No. 20-30038-KLP 

Debtor Chapter 13

 

Donald R. Stewart, ) 

 ) 

 Plaintiff ) 

 ) 

v. ) Adv. Pro. No. 20-03032-KLP 

 ) 

Paul Richard Stewart, ) 

 ) 

 Defendant ) 

 

NOTICE OF MOTION 

 The above named Defendant, by counsel, has filed a Motion to Dismiss 

Complaint. Your rights may be affected. You should read these papers carefully and 

discuss them with your attorney, if you have one. 

NOTICE IS HEREBY GIVEN THAT A HEARING ON THIS MOTION WILL BE HELD 

ON June 24, 2020 at 9:30 a.m. in Honorable Keith L. Phillips’s Courtroom, U.S. 

Bankruptcy Court, 701 E. Broad Street, Room 5100, Richmond, VA 23219.

 If you want to be heard on this matter, then not later than seven (7) days before 

the date of the hearing, you or your attorney must: 

1. File with the court, at the address below, a written response pursuant to 

Local Rule 9013-1(H). If you mail your response to the Court for filing, you 

must mail it early enough so that the Court will receive it on or before the 

date stated above 

 Clerk of Court 

 United States Bankruptcy Court 

 701 E. Broad Street, Room 4000 

 Richmond, VA 23219-3515 

Amanda Erin DeBerry (VSB #83805) 

Boleman Law Firm, P.C. 

2104 Laburnum Avenue, Suite 201 

Richmond, Virginia 23227 

(804) 358-9900 

Counsel for Debtor/Defendant 

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 2. You must also send a copy to: 

 Boleman Law Firm, P.C. 

 2104 Laburnum Avenue, Suite 201 

 Richmond, Virginia 23227 

 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 that relief. 

Paul Richard Stewart 

 By Counsel: 

 /s/ Amanda Erin DeBerry 

Amanda Erin DeBerry (VSB #83805) 

Boleman Law Firm, P.C. 

2104 Laburnum Avenue, Suite 201 

Richmond, Virginia 23227 

(804) 358-9900 

Counsel for Debtor/Defendant 

CERTIFICATE OF SERVICE 

 I certify that on May 22, 2020, a copy of the foregoing was served via first class 

mail and CM/ECF to W.R. Baldwin, III, counsel for Plaintiff at the address set forth 

below. 

W. R. Baldwin, III 

5600 Grove Avenue 

Richmond, VA 23226 

 /s/ Amanda Erin DeBerry_ 

 Counsel for Debtor/Defendant 

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UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA 

RICHMOND DIVISION 

In re: Paul Richard Stewart Case No. 20-30038-KLP 

Debtor Chapter 13

 

Donald R. Stewart, ) 

 ) 

 Plaintiff ) 

 ) 

v. ) Adv. Pro. No. 20-03032-KLP 

 ) 

Paul Richard Stewart, ) 

 ) 

 Defendant ) 

MOTION TO DISMISS PLAINTIFF’S COMPLAINT 

 COMES NOW the Defendant, Paul Richard Stewart (the “Defendant”), by 

counsel, and submits this Motion to Dismiss Plaintiff’s Complaint. In support thereof, 

the Defendant states the following: 

1. On April 21, 2020, Plaintiff Donald R. Stewart filed a Complaint (“the 

Complaint”) objecting to the discharge of a debt allegedly owed to Plaintiff by the 

Debtor. 

2. Pursuant to Bankruptcy Rule 4004(a), the deadline to file a complaint in a 

Chapter 13 case is 60 days after the first date set for the meeting of creditors under 

§341(a). 

3. Debtor’s meeting of creditors was scheduled for March 20, 2020. 

Amanda Erin DeBerry (VSB #83805) 

Boleman Law Firm, P.C. 

2104 Laburnum Avenue, Suite 201 

Richmond, Virginia 23227 

(804) 358-9900 

Counsel for Debtor/Defendant 

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4. Plaintiff was listed as a creditor in Debtor’s bankruptcy petition, and, as 

such, was mailed Official Form 309I – Notice of Chapter 13 Bankruptcy Case. 

 5. The deadline to file an objection to the dischargeability of a debt, per 

Official Form 309I, was April 20, 2020. 

6. The Plaintiff has not timely filed a Complaint against the Debtor objecting 

to dischargeability of a debt as it was filed with the Court the day after the deadline to do 

so. 

7. Pursuant to Bankruptcy Rule 4004(b)(1), any motion to extend the time to 

file a complaint “shall be filed before the time has expired.” 

8. Judge Shelley has previously ruled on this issue, stating that when the 

language of 4004(b) was changed to state that the motion shall be filed before the 

deadline has expired, the Court lost its discretion to extend the time to object to 

discharge after the deadline has expired. See In re Lane, 37 B.R. 410 (Bankr. E.D.Va., 

1984). 

9. Therefore, Plaintiff’s Complaint should be dismissed pursuant to 

Bankruptcy Rule 4004. 

10. Debtor further notes that the Complaint which was filed was deficient, both 

in failure of Counsel to sign the Complaint, but in numerous other inconsistent and 

inaccurate instances throughout the complaint, including, but not limited to incorrectly 

identifying the parties in the initial paragraph of the complaint. 

11. A Notice of Deficient filing was issued on April 22, 2020, with a deadline to 

correct the deficiency by May 6, 2020. The remedy for failure to correct is normally an 

automatic dismissal of the Complaint, however in this case an Order to Show Cause 

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was issued. 

12. To date, the Plaintiff has neither attempted to correct the initial deficiency, 

nor responded to the Order to Show Cause. 

13. No certificate of service has been filed with the Court, and Plaintiff avers 

that he has not been served pursuant to Rule 7004, however this response and Motion 

to Dismiss is being filed out of an abundance of caution as counsel for Debtor did 

receive electronic notice of the filings. 

14. To the extent a response is required, Defendant denies the allegations set 

forth in Plaintiff’s complaint, and demands strict proof thereof. 

15. Pursuant to Bankruptcy Rule 7012(a), a responsive pleading must be filed 

within 30 days of the issuance of the summons. This Motion to Dismiss is timely filed. 

 WHEREFORE, the Defendant respectfully prays that this Court: 

A. Dismiss the Plaintiff’s Complaint; 

B. Award Defendant such other and further relief as is just. 

Paul Richard Stewart 

 

By: /s/ Amanda Erin DeBerry 

Amanda Erin DeBerry (VSB #83805) 

Boleman Law Firm, P.C. 

2104 Laburnum Avenue, Suite 201 

Richmond, Virginia 23227 

(804) 358-9900 

Counsel for Debtor/Defendant 

 

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CERTIFICATE OF SERVICE 

 I certify that on May 22, 2020, a copy of the foregoing was served via first class 

mail and CM/ECF to W.R. Baldwin, III, counsel for Plaintiff at the address set forth 

below. 

W. R. Baldwin, III 

5600 Grove Avenue 

Richmond, VA 23226 

 /s/ Amanda Erin DeBerry_ 

 Counsel for Debtor/Defendant 

 

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