UNITED STATES BANKRUPTCY COURT 

FOR THE 

EASTERN DISTRICT OF VIRGINIA

Alexandria Division

In the Matter of:

Chapter 13

STACY LYNN PHILLIPS

Case No. 21-10085-KHK

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:

Violation of to 11 U.S.C. §109(e) – Debtor’s unsecured debt totals 

$419,501.19, which exceeds the statutory unsecured debt limit of $419,275.00 

under 11 U.S.C. §109(e). (See attached worksheet.)

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.

Attend the hearing to be held on April 15, 2021 at 1:30 p.m., in Courtroom III on the 

3

rd floor, United States Bankruptcy Court, 200 South Washington Street, Alexandria, 

Case 21-10085-KHK Doc 17 Filed 03/23/21 Entered 03/23/21 16:20:53 Desc Main

Document Page 1 of 2
Notice and Motion to Dismiss

Stacy Lynn Phillips, Case #«print_casenum» 

VA 22314.1 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: March 23, 2021 __/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 23rd day of March, 2021, 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.

Stacy Lynn Phillips

Chapter 13 Debtor

5267 Quebec Place

Woodbridge, VA 22193 

Martin C. Conway

Attorney for Debtor

Conway Law Group, PC

12934 Harbor Drive, Suite 107

Woodbridge, VA 22192 

__/s/ Thomas P. Gorman______

Thomas P. Gorman

1 Pursuant to the Bankruptcy Court’s Protocol in response to COVID-19 Public Health 

Emergency, parties appearing for hearings shall appear via Zoom for Government and 

must pre-register and follow the procedures set forth at 

https://www.vaeb.uscourts.gov/wordpress/?page_id=9098. 

Case 21-10085-KHK Doc 17 Filed 03/23/21 Entered 03/23/21 16:20:53 Desc Main

Document Page 2 of 2