James E. Kane (VSB# 30081) 

KANE & PAPA, P.C. 

P. O. Box 508 

Richmond, Virginia 23218-0508 

Telephone (804) 225-9500 

Counsel for Debtors

IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

Richmond Division 

 

IN RE: ) 

 ) 

MICHAEL WIGGINS ) Case No. 20−34740−KLP 

BERYL MUHAMMAD WIGGINS ) Chapter 7 

 ) 

 Debtors ) 

NOTICE OF MOTION TO EXTEND THE AUTOMATIC STAY AND HEARING 

The above-named Debtors, by counsel, have filed a Motion to Extend the Automatic Stay 

with the Court pursuant to 11 U.S.C. § 362(c)(3)(B). 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 December 22, 2020 at 12:00 p.m. in the Honorable Keith L. Phillips’ Courtroom, U.S. 

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

If you want to be heard on this matter, then no later than three (3) 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 

2. You must also mail a copy to: 

 James E. Kane, Esquire 

 Kane & Papa, PC 

 P.O. Box 508 

 Richmond, VA 23218 

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. 

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Respectfully submitted, 

MICHAEL WIGGINS 

BERYL MUHAMMAD WIGGINS 

/s/ James E. Kane 

James E. Kane (VSB# 30081) 

Kane & Papa, P.C. 

P. O. Box 508 

Richmond, Virginia 23218-0508 

Telephone (804) 225-9500 

Counsel for Debtors 

CERTIFICATE OF SERVICE 

I certify that on December 9, 2020, I have transmitted a true copy of the foregoing 

document electronically through the Court’s CM/ECF system or by mail to the Debtors, Chapter 

7 trustee, the United States trustee if other than by the electronic means provided for at Local 

Bankruptcy Rule 2002-1, all attorneys appearing in the previous case as listed below, and to all 

creditors and parties in interest of the mailing matrix attached hereto. 

/s/ James E. Kane 

Counsel for Debtors 

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IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

Richmond Division 

 

IN RE: ) 

 ) 

MICHAEL WIGGINS ) Case No. 20−34740−KLP 

BERYL MUHAMMAD WIGGINS ) Chapter 7 

 ) 

 Debtors ) 

MOTION TO EXTEND AUTOMATIC STAY AND MEMORANDUM IN SUPPORT 

COME NOW, MICHAEL WIGGINS AND BERYL MUHAMMAD WIGGINS (the 

“Debtors”), by counsel, pursuant to 11 U.S.C. § 362(c)(3)(B) and file the following Motion to 

Extend Automatic Stay and Memorandum in Support Thereof, and affirmatively state as follows: 

Jurisdiction 

1. Jurisdiction of this Court over the instant matter is based upon 28 U.S.C. §§ 1334 

and 157 in that this action arises in and relates to the bankruptcy case of the Debtors. 

2. This proceeding is a core proceeding under 28 U.S.C. § 157(b)(2)(A), (B), (K), and 

(O). 

3. Venue is proper pursuant to 28 U.S.C. § 1409. 

Background Facts 

4. On December 2, 2020 (hereinafter the “Petition Date”), the Debtors filed a petition 

for relief under Chapter 7 of the Bankruptcy Code (the “instant case”). 

5. Within the year prior to filing the instant case, Debtors have been debtors in one (1) 

pending Chapter 13 bankruptcy case (the “previous case”). The previous case was a Chapter 13 

bankruptcy case filed on August 3, 2018 and dismissed on or about April 15, 2020 (Case No. 18-

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4 

33969) (the “previous case”). In addition, Mr. Wiggins has been a debtor in a Chapter 7 case filed 

on October 31, 2011 wherein he received a discharge on February 8, 2012 (Case No. 11-36912). 

6. The previous case was dismissed by the Debtors via a Motion to Voluntarily 

Dismiss case as they were delinquent in their payments to the Chapter 13 Trustee and unable to 

cure the same or to sustain a Chapter 13 Plan payment. 

Discussion 

7. Because the instant case was commenced within one (1) year of the dismissal of 

the prior case, the automatic stay in the instant case will expire “with respect to any action taken 

with respect to a debt or property securing such debt or with respect to any lease . . . ” unless the 

Court extends the automatic stay. 11 U.S.C. § 362(c)(3)(A) and (B). 

8. Pursuant to 11 U.S.C. § 362(c)(3)(B), Debtors must demonstrate to the Court that 

the instant case was filed in good faith in order to obtain an extension of the automatic stay. 

9. If the Court finds grounds for presuming the instant case was filed “not in good 

faith,” § 362(c)(3)(C) would impose a burden on Debtors to overcome such presumption and prove 

good faith by clear and convincing evidence. If, however, the Court finds no grounds for presuming 

the instant case was filed “not in good faith,” Debtors must merely prove good faith by a 

preponderance of the evidence. In re Havner, 336 B.R. 98, 103 (Bankr. M.D.N.C. 2006); In re 

Ball, 336 B.R. 268, 273 (Bankr. M.D.N.C. 2006). 

10. Within the context of motions to continue the automatic stay pursuant to 

§ 362(c)(3), In re Chaney, 362 B.R. 690, 694 (Bankr. E.D. Va. 2007), instructs that the term “good 

faith” was defined judicially in the Fourth Circuit by Deans v. O’Donnell, 692 F.2d 968, 972 (4

th 

Cir. 1982), further refined by Neufeld v. Freeman, 794 F.2d 149, 152 (4

th 

Cir. 1986), and left 

unchanged by Congress when it created § 362(c)(3). Chaney at 694. 

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11. Pursuant to Neufeld v. Freeman, good faith determinations require courts to 

consider, inter alia, “the debtor’s financial situation, the debtor’s employment history and 

prospects, the nature and amount of unsecured claims, the debtor’s past bankruptcy filings, the 

debtor’s honesty in representing facts, and any unusual or exceptional problems facing the 

particular debtor.” Id. at 152, citing Deans v. O’Donnell, 692 F.2d at 972. 

12. In order to apply the Fourth Circuit’s definition of good faith in determining 

whether the automatic stay should be extended pursuant to § 362(c)(3), “the court must be satisfied 

that the plan in the new case will succeed where the plan in the prior case did not. Usually this will 

require a finding that some change in the financial or personal affairs of the debtor has occurred 

that will allow the debtor to perform under the terms of the plan in the new case. But the inquiry 

does not end there. The court needs to determine that the repetitive filing does not violate the spirit 

of the Bankruptcy Code. The new case must not be a ploy to frustrate creditors.” Chaney at 694. 

Argument 

13. In the case sub judice there is a presumption that the instant case was filed “not in 

good faith” as to all creditors. Therefore, Debtors must prove by clear and convincing evidence 

that the instant case was filed in good faith. 

14. In the instant case, the Debtors have acted in good faith, and Debtors request that 

the Court grant an extension of the automatic stay as to all creditors, as to Debtors and their 

property, and as to the property of the estate for the duration of the instant case. In support thereof, 

Debtors submits an Affidavit, which is attached hereto as Exhibit “1” and incorporated herein by 

this reference. 

15. Applying the Neufeld factors to Debtors’ circumstances and to this case leads to 

the following conclusions: 

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a. Debtor’s financial situation and employment history and prospects – Mr. Wiggins 

is a machine operator at International Paper where he has worked for 1 year. Mrs. Wiggins is a 

cook at the Dinwiddie Health and Rehab Center where she has worked for 3 years. Application 

of this factor favors a finding of good faith.

b. Nature and amount of unsecured claims – Debtors’ non-priority unsecured debts 

are estimated to be approximately $55,919.00. Debtors have not incurred any unsecured debt for 

luxury goods or services or any unsecured debt due to revolving credit accounts or pay day loans 

within the 90 days prior to filing the instant case. Application of this factor favors a finding of 

good faith. 

c. Debtors’ past bankruptcy filings - The instant Motion is required due to the fact 

that the Debtors’ previous case that was dismissed within one (1) year of the Filing Date hereof. 

The Affidavit attached hereto as Exhibit “1” describes fully the reasons that the previous case was 

dismissed. Debtors incorporate such explanation herein by this reference. Debtors’ hardships do 

not indicate an abuse of the bankruptcy system; rather, they indicate an honest but thus far 

unsuccessful attempt to financially reorganize. Application of this factor favors a finding of good 

faith. 

d. Debtors’ honesty in representing facts – Debtors have fully disclosed all assets, 

liabilities, and pertinent information regarding personal and financial affairs and are prepared to 

cooperate fully with the Chapter 7 Trustee. Application of this factor favors a finding of good faith. 

e. Any unusual or exceptional problems facing the particular debtors – There are no 

unusual or exceptional problems facing Debtors. Application of this factor favors a finding of good 

faith. 

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16. Debtors assert that the instant case does not “violate the spirit of the Bankruptcy 

Code” and it is not “a ploy to frustrate creditors”. See Chaney at 694. In support hereof, the Debtors 

assert the following additional arguments: 

a. The timing of the petition – Between the dismissal of the previous case and the 

instant case, Debtors did not act in a manner so as to purposely delay payment of debts and did not 

delay in filing the instant case so as to intentionally frustrate creditors. Debtors’ actions in this 

regard indicate an intent to use the bankruptcy system to resolve debts in an appropriate manner. 

Application of this factor favors a finding of good faith. 

b. How the debt(s) arose – The debts in this case arose primarily over a period of time 

extending back several years. The debts were not the result of misuse of credit or luxury spending; 

rather, they arose as a result of ordinary living expenses that Debtors became unable to repay. 

Application of this factor favors a finding of good faith. 

c. The debtors’ motive in filing the petition – Debtors’ motive in filing this case is to 

apply best efforts to receive a discharge and a fresh start. 

d. How the debtors’ actions affected creditors – The treatment of creditors are 

generally described herein. This factor will rarely favor a debtor, because “[f]iling for bankruptcy 

relief will almost always prejudice one's creditors.” Galanis, 334 B.R. at 696. 

e. Changes in circumstance and ability to complete this case – The Affidavit attached 

hereto as Exhibit “1” describes fully the Debtors’ changes in circumstances and explain both the 

legitimate bases for the filing of this case as well as the Debtors’ ability to complete this case. 

Debtors incorporate such explanations herein by this reference. Application of this factor favors a 

finding of good faith. 

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8 

WHEREFORE, for the foregoing reasons, MICHAEL WIGGINS AND BERYL 

MUHAMMAD WIGGINS respectfully request this Honorable Court to enter an Order extending 

the automatic stay as to all creditors, as to Debtors and their property, and as to the property of the 

estate for the duration of the instant case, and for such other and further relief as to the Court shall 

be deemed appropriate. 

Respectfully submitted, 

MICHAEL WIGGINS 

BERYL MUHAMMAD WIGGINS 

By Counsel 

/s/ James E. Kane 

James E. Kane (VSB# 30081) 

KANE & PAPA, P.C. 

P. O. Box 508 

Richmond, Virginia 23218-0508 

Telephone (804) 225-9500 

Counsel for Debtors 

 

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9 

CERTIFICATE OF SERVICE 

I certify that on December 9, 2020, I have transmitted a true copy of the foregoing 

document electronically through the Court’s CM/ECF system or by mail to the Debtor, Chapter 7 

trustee, the United States trustee if other than by the electronic means provided for at Local 

Bankruptcy Rule 2002-1, all attorneys appearing in the previous case as listed below, and to all 

creditors and parties in interest of the mailing matrix attached hereto. 

/s/ James E. Kane 

Counsel for Debtors 

 

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IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

Richmond Division 

 

IN RE: ) 

 ) 

MICHAEL WIGGINS ) Case No. 20−34740−KLP 

BERYL MUHAMMAD WIGGINS ) Chapter 7 

 ) 

 Debtors ) 

AFFIDAVIT OF MICHAEL WIGGINS AND BERYL MUHAMMAD WIGGINS 

BEFORE ME, the undersigned authority, appeared MICHAEL WIGGINS AND BERYL 

MUHAMMAD WIGGINS, known to me, and upon their oaths, stated as follows: 

1. Our names are MICHAEL WIGGINS AND BERYL MUHAMMAD WIGGINS. 

We are above the age of 18 years, and competent to make this affidavit. 

2. We have personal knowledge of the facts set forth in this affidavit. 

3. We reside at 1105 Beazley Street, Petersburg, VA 23803. 

4. Mr. Wiggins is a machine operator at International Paper where he has worked for 

1 year. Mrs. Wiggins is a cook at the Dinwiddie Health and Rehab Center where she has worked 

for 3 years. We are the debtors in the present bankruptcy case. 

5. Within the year prior to filing the instant case, we were debtors in one (1) pending 

Chapter 13 bankruptcy case (the “previous case”). 

6. The previous case was a Chapter 13 bankruptcy case filed on August 3, 2018 and 

dismissed on or about April 15, 2020 (Case No. 18-33969). In addition, Mr. Wiggins has been a 

debtor in a Chapter 7 case filed on October 31, 2011 wherein he received a discharge on February 

8, 2012 (Case No. 11-36912). 

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11 

7. The previous case was dismissed by us via a Motion to Voluntarily Dismiss case 

as we were delinquent in our payments to the Chapter 13 Trustee and unable to cure the same or 

to sustain a Chapter 13 Plan payment. 

8. We have listed all of our assets and all of our debts and have fully and accurately 

disclosed all of our income and expenses in the Schedules in this case. 

9. After the dismissal of our previous case, we acted as fast as we reasonably could to 

retain a bankruptcy attorney because we want to use the bankruptcy system to resolve our debts. 

10. Our debts arose as a result of ordinary living expenses. The debt we have has 

accumulated over several years and was not purchases of luxury goods or services. 

11. We have also not incurred any unsecured debt due to revolving credit accounts or 

pay day loans within the 90 days prior to filing the instant case. 

12. We desire to use the bankruptcy system to obtain a fresh start and have not been 

attempting to evade our responsibilities or delay our creditors’ attempts to collect. 

 

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WITNESS the following signatures and seals on November 17, 2020. 

/s/ Michael Wiggins (seal) /s/ Beryl Muhammad Wiggins (seal) 

Michael Wiggins Beryl Muhammad Wiggins 

CERTIFICATE OF ACKNOWLEDGMENT 

State of Virginia 

City of Richmond; to wit: 

The foregoing instrument was acknowledged before me on November 17, 2020 by Michael 

Wiggins and Beryl Muhammad Wiggins. 

 /s/ Cristina Marie Diez 

 Notary Public 

My Commission Expires: August 31, 2024 

Notary Registration Number: 7691239 

Case 20-34740-KLP Doc 10 Filed 12/09/20 Entered 12/09/20 16:10:59 Desc Main

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}bk1{CreditoAsMarix}bk{

AES/HEAA

Attn: Bankruptcy

1200 N. 7th Street

Harrisburg, PA 17102

Bridgecrest Credit

7300 E Hampton Ave

Suite 101

Mesa, AZ 85209

Chaplin & Gonet - Mr & Ms King

5211 West Broad Street

Suite 100

Richmond, VA 23230

City of Petersburg

Treasurer's Office

P.O. Box 1271

Petersburg, VA 23804

City of Petersburg Utilities

P.O. Box 1271

Petersburg, VA 23804

Comcast Communications Llc

c/o Waypoint Resource Group

Po Box 1081

San Antonio, TX 78294

Credit Acceptance

25505 West 12 Mile Rd

Suite 3000

Southfield, MI 48034

Direct TV

PO Box 11732

Newark, NJ 07101

Dominion Energy

P O Box 26543

Colonial Heights, VA 23834

Elephant Auto Insurance

c/o Receivable Management Inc

7206 Hull Rd Ste 211

Richmond, VA 23235

Case 20-34740-KLP Doc 10 Filed 12/09/20 Entered 12/09/20 16:10:59 Desc Main

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Patient First

c/o Receivable Management Inc

7206 Hull Rd Ste 211

Richmond, VA 23235

Petersburg Hospital Company LL

Southside Reg Med Ctr

324 S Main St

Emporia, VA 23847

Russel Taylor

14110 Kendal Wood Drive

Upper Marlboro, MD 20772

Shippers Choice of VA

c/o Purnell McKennett

9214 Center St, STE 101

Manassas, VA 20110

Southside Regional Medical

c/o Newsome Law Office

324 S Main St

Emporia, VA 23847

TACS

P O Box 31800

Henrico, VA 23294

Trexis One Insurance

c/o I C System Inc

P.O. Box 64378

St. Paul, MN 55164

Virginia Farm Bureau Fire & Ca

c/o Chaplin & Gonet

4808 Radford Ave.

Richmond, VA 23230

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