Kevin R. McCarthy, VSB No. 14273

McCarthy & White, PLLC

8508 Rehoboth Court

Vienna, VA 22182

703-770-9261

krm@mccarthywhite.com

Attorneys for Trustee

UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Alexandria Division

*************************************

In re: *

*

WILLIAM R. JOSEPH, * Case No. 20-10538-KHK

* (Chapter 7)

Debtor(s). *

*************************************

KEVIN R. MCCARTHY, TRUSTEE *

*

Plaintiff, *

*

vs. * A.P. No. ________

*

ROY D. JOSEPH *

3303 Commonwealth Ave., Apt. A *

Alexandria, VA 22305 *

*

and *

*

GARY L. JOSEPH *

3520 Pine Court *

Dumfries, VA 22026-2211, *

*

Defendants. *

*************************************

TRUSTEE'S COMPLAINT TO SELL INTERESTS OF 

NON-DEBTOR CO-OWNERS IN REAL PROPERTY

Kevin R. McCarthy, Trustee, by and through counsel, in support of his Complaint to sell 

the interests of the non-debtor co-owners in real property of the bankruptcy estate states the 

following:

1. The Court has jurisdiction of this Adversary Proceeding pursuant to 28 U.S.C.

Case 20-01067-KHK Doc 1 Filed 10/02/20 Entered 10/02/20 16:09:58 Desc Main

Document Page 1 of 5
§§ 1334 & 157 and 11 U.S.C. § 363(h). Venue is proper pursuant to 28 U.S.C. § 1409. This is a 

core proceeding.

2. Kevin R. McCarthy is the duly appointed Trustee for the bankruptcy estate of the 

Debtor William R. Joseph, who filed a petition for relief under Chapter 7 of the Bankruptcy 

Code on February 21, 2020.

3. The Debtor owns, of record, a one-third interest in the condominium located at 

3303 Commonwealth Avenue, Apartment A, Alexandria, Virginia 22305 (“the Property”).

4. The Defendants Gary L. Joseph and Roy D. Joseph, who are the Debtor’s 

brothers, own, of record, the other two-thirds of the Property. The interests of the Debtor and the 

Defendants are listed in the Real Estate Affidavit attached as Exhibit A filed in the decedent’s 

estate case of their mother Doris Jean Joseph, Court File No. CW13001382 in the Alexandria 

Circuit Court.

5. The legal description of the Property is:

TAX MAP REFERENCE NO. 50400400

ALL THAT CERTAIN LOT OR PARCEL OF

LAND, TOGETHER WITH ITS IMPROVEMENTS AND

APPURTENANCES, LOCATED IN THE CITY OF ALEXANDRIA,

COUNTY OF ALEXANDRIA CITY, VIRGINIA, AND MORE

PARTICULARLY DESCRIBED AS FOLLOWS: CONDOMINIUM UNIT

NO. 3303A, BUILDING 1 IN AUBURN VILLAGE CONDOMINIUM,

AND THE LIMITED ELEMENTS, APPURTENANCES THERETO, IN A

CONDOMIINIUM REGIME CONSTITUTED AND ESTABLISHED

UNDER THE VIRGINIA CONDOMINIUM ACT, CHAPTER 4.2 OF

TITLE 55 OF THE CODE OF VIRGINIA (1950), BY A DECLARATION

RECORDED IN DEED BOOK 1009 PAGE 609, AMONG THE LAND

RECORDS OF THE CITY OF ALEXANDRIA, VIRGINIA. AND BEING

THE SAME PROPERTY CONVEYED UNTO THE PARTY OF THE

FIRST PART IN DEED BOOK 1532 AT PAGE 1874, AMONG THE

AFORESAID CITY LAND RECORDS. THIS CONVEYANCE IS MADE

SUBJECT TO ALL EASEMENTS, RESTRICTIONS, RIGHTS-OFWAY,

COVENANTS AND CONDITIONS CONTAINED IN THE DEEDS

FORMING THE CHAIN OF TITLE TO THIS PROPERTY.

Case 20-01067-KHK Doc 1 Filed 10/02/20 Entered 10/02/20 16:09:58 Desc Main

Document Page 2 of 5
6. The Trustee intends to sell the Debtor's interest in the Property for the benefit of the 

Debtor's unsecured creditors. In order to accomplish this, he must also sell the Defendants' 

interests.

7 Partition in kind of the Property between the bankruptcy estate and the 

Defendants is impracticable.

8. Upon information and belief, sale of the bankruptcy estate's undivided interest in 

the Property would realize significantly less for the bankruptcy estate than the sale of such 

Property free of Defendants' interests.

9. The benefit to the bankruptcy estate of the sale of the Property free of Defendants' 

interests outweighs the detriment, if any, to the Defendants. Defendant Gary L. Joseph does not 

reside at the Property, and the Trustee understands that he is amenable to its sale. Defendant 

Roy D. Joseph resides at the Property. Despite multiple contacts with him since April 2020, and 

despite substantial equity in the Property, the Trustee has been unable to negotiate a buyout of 

the Debtor’s interest in the Property. Each Defendant will receive his one-third share of net sale 

proceeds upon a sale of the Property, which one-third share is expected to be at least $30,000. 

Similarly, the bankruptcy estate is expected to receive at least $30,000. The Debtor has claimed 

as exempt $5000 in the bankruptcy estate’s share of net sale proceeds.

10. The property is not used in a manner specified in 11 U.S.C. § 363(h)(4).

 WHEREFORE, the Trustee respectfully requests the Court to enter Judgment:

a) for the Trustee and against the Defendants authorizing the Trustee to sell the 

Debtor's and the Defendants' interests in the condominium located at 3303 Commonwealth 

Avenue, Apartment A, Alexandria, Virginia 22305; and

Case 20-01067-KHK Doc 1 Filed 10/02/20 Entered 10/02/20 16:09:58 Desc Main

Document Page 3 of 5
b) as to the Defendants' interests, authorizing the Trustee to distribute their shares of 

the net sale proceeds under 11 U.S.C. § 363(j); and

c) for costs of $350 in favor of the Trustee and against the Defendants; and

d) for such other relief as the Court may deem just.

Respectfully submitted,

/s/ Kevin R. McCarthy________

Kevin R. McCarthy, VSB 14273

McCarthy & White, PLLC

8508 Rehoboth Court

Vienna, VA 22182

(703) 770-9261 

krm@mccarthywhite.com

Attorneys for Plaintiff Trustee

Case 20-01067-KHK Doc 1 Filed 10/02/20 Entered 10/02/20 16:09:58 Desc Main

Document Page 4 of 5
Case 20-01067-KHK Doc 1 Filed 10/02/20 Entered 10/02/20 16:09:58 Desc Main

Document Page 5 of 5