UNITED STATES BANKRUPTCY COURT 

FOR THE 

EASTERN DISTRICT OF VIRGINIA 

Alexandria Division 

In the Matter of: 

 Chapter 13

DANIEL PATRICK FITZGERALD

 Case No. 18-14106-BFK

 Debtor

MOTION TO DISMISS, 

NOTICE OF MOTION TO DISMISS 

AND 

NOTICE OF SCHEDULED HEARING ON THIS MOTION 

Thomas P. Gorman, Chapter 13 Trustee, has filed this motion to dismiss your Chapter 

13 case. The cause for this motion is as follows: 

Pursuant to 11 U.S.C. §1307(c)(4) – Failure to Commence making Plan 

payments. Debtor has not yet made his first Plan payment in case. 

Pursuant to 11 U.S.C. §1307(e) & §1308(a) – Failure to File Tax Returns at 

Time of 341. Debtor has not filed 2016 and 2017 tax returns as of the time of 

his Meeting of Creditors. 

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 wish 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 five business 

days prior to the hearing date, you or your attorney must: 

File with the court a written response with supporting memorandum as required 

by Local Bankruptcy Rule 9013-1(H). Unless a written response and 

supporting memorandum are filed and served by the date specified, the Court 

may deem any opposition waived, treat the motion as conceded, and issue an 

order granting the requested relief without further notice or hearing. If you mail 

your response to the court for filing, you must mail it early enough so the court 

will receive it on or before five business days prior to the scheduled hearing. 

You must mail a copy to the persons listed below. 

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Notice and Motion to Dismiss 

Daniel Patrick Fitzgerald, Case #18-14106-BFK 

Attend the hearing to be held on February 7, 2019 at 1:30 p.m. in Courtroom #1 on 

the 2nd floor, United States Bankruptcy Court, 200 South Washington Street, 

Alexandria, VA 22314. If no timely response has been filed opposing the relief 

requested, the court may grant the relief without holding a hearing. 

 A copy of any written response must be mailed to the following persons: 

 Thomas P. Gorman 

 300 North Washington Street, Ste. 400 

 Alexandria, VA 22314 

 Clerk of the Court 

 United States Bankruptcy Court 

200 South Washington Street 

Alexandria, VA 22314 

 If you or your attorney do not take steps, the court may decide that you do not 

oppose the relief sought in the motion and may enter an order granting that relief. 

Date: __January 15, 2019_____ __/s/ Thomas P. Gorman______ 

 Thomas P. Gorman 

 Chapter 13 Trustee 

 300 N. Washington Street, #400 

 Alexandria, VA 22314 

 (703) 836-2226 

 VSB 26421 

CERTIFICATE OF SERVICE 

I hereby certify that I have this 15th day of January, 2019, served via ECF to authorized 

users or mailed a true copy of the foregoing Motion to Dismiss, Notice of Motion and 

Notice of Hearing to the following parties. 

Daniel Patrick Fitzgerald 

Chapter 13 Debtor 

9317 Tarra Lane 

Manassas, VA 20110 

Nathan Fisher, Esq. 

Attorney for Debtor 

Fisher-Sandler, LLC 

3977 Chain Bridge Rd. #2 

Fairfax, VA 22030 

 ___/s/ Thomas P. Gorman_____ 

 Thomas P. Gorman 

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