1

Susan Rotkis, VSB 41693

PRICE LAW GROUP, APC

2290 E. Speedway Blvd.

Tucson, AZ 85719

T: 818.600.5533

F: 818.600.5433

susan@pricelawgroup.com

Attorneys for Debtor Brandy N. Penny

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA (RICHMOND)

IN RE:

Brandy N. Penny, 

Debtor.

Case No.: 20-32040-KLP

CHAPTER 7

Brandy N. Penny,

Movant,

v.

Sleep Disorder Center of Fredericksburg, 

PLC,

Respondent.

DEBTOR’S MOTION TO REOPEN

Pursuant to 11 U.S.C. § 350 and Local Rule 5010-1, Debtor Brandy N. Penny (“Ms. 

Penny”) hereby moves for the entry of an Order reopening this bankruptcy case. Ms. 

Penny specifically seeks to reopen her case for the limited purpose of adjudicating her 

Case 20-32040-KLP Doc 23 Filed 11/05/21 Entered 11/05/21 16:31:32 Desc Main

Document Page 1 of 4
- 2 -

claim that creditor Sleep Disorder Center of Fredericksburg, PLC (“SDCF”) should be: a)

held in civil contempt of the Discharge Order entered in this case; and b) sanctioned

therefor in the form of a damages award to Ms. Penny. This Motion is supported by the 

accompanying Memorandum of Points and Authorities.

Pursuant to Local Rule 5010-1, Ms. Penny hereby states that any objections to 

the reopening of the case must be filed at least seven (7) days prior to the December 8, 

2021 hearing set forth in the Notice of Motion and Hearing filed contemporaneously 

herewith.

MEMORANDUM OF POINTS AND AUTHORITIES

On April 23, 2020, Ms. Penny filed a petition under Chapter 7 in this Court. 

Debtor received a discharge order on August 10, 2020, and the case was closed on August 

17, 2020. [ECF Nos. 1, 20, 22]. 

Under 11 U.S.C. § 350(b) and Bankruptcy Rule 5010, courts may reopen a 

closed bankruptcy case for “cause.” The Fourth Circuit has adopted a discretionary

approach to reopening bankruptcy cases and has stated that courts should liberally grant 

such relief. In re Potes, 336 B.R. 731, 732 (Bankr. E.D. Va. 2005).

A debtor’s right to pursue sanctions against a creditor who violates a discharge 

order is well settled. United States v. Rivera Torres, 309 B.R. 643, 648-49 (1st Cir. BAP 

2004). The adjudication of such a claim, furthermore, certainly constitutes good cause for 

reopening a bankruptcy case. See 4 Collier on Bankruptcy ¶ 524[c] (noting that “courts 

Case 20-32040-KLP Doc 23 Filed 11/05/21 Entered 11/05/21 16:31:32 Desc Main

Document Page 2 of 4
- 3 -

should readily reopen a closed bankruptcy case to ensure that the essential purposes of the 

discharge are not undermined”).

Here, Ms. Penny seeks to reopen her bankruptcy case for the limited purpose of 

adjudicating her discharge injunction violation claim against creditor SDCF. A copy of 

the Motion for Order to Show Cause which Ms. Penny intends to file against creditor SDCF 

(related to violations of the discharge injunction provided under 11 U.S.C. § 524) is 

attached hereto. In light of such good cause, the Court should reopen the case to allow the 

requested adjudication.

CONCLUSION

For the reasons explained in this Memorandum, the Court should enter the 

proposed order filed herewith, granting the Motion to Reopen so that Ms. Penny may 

pursue relief that she is entitled to and that is within the power of this Court to grant.

Respectfully submitted this 5th day of November, 2021.

PRICE LAW GROUP, APC

By: /s/ Susan Rotkis

Susan Rotkis, VSB 41693

2290 E. Speedway Blvd.

Tucson, AZ 85719

T: 818.600.5533

F: 818.600.5433

susan@pricelawgroup.com

Attorneys for Debtor Brandy N. Penny

Case 20-32040-KLP Doc 23 Filed 11/05/21 Entered 11/05/21 16:31:32 Desc Main

Document Page 3 of 4
- 4 -

PROOF OF SERVICE

I hereby certify that a true copy of the 1) Motion to Reopen Bankruptcy; and 2) 

Notice of Motion and Notice of Hearing, were served via process server upon the 

registered agent for Sleep Disorder Center of Fredericksburg, PLC; and 2) mailed to the 

previous Chapter 7 Trustee, Bruce E. Robinson, and the U.S. Trustee per the attached 

service list. 

SERVICE LIST

VIA PROCESS SERVER:

Sleep Disorder Center of Fredericksburg, PLC

c/o O’Conor G Ashby

315 William Street

Fredericksburg, VA 22401

VIA MAIL:

Previous Trustee

Bruce E. Robinson

P.O. Box 538

South Hill, VA 23970-0538

U.S. Trustee

John P. Fitzgerald, III

Office of the U.S. Trustee – Region 4 -R

701 E. Broad Street, Ste. 4304

Richmond, VA 23219

/s/Florence Lirato

Case 20-32040-KLP Doc 23 Filed 11/05/21 Entered 11/05/21 16:31:32 Desc Main

Document Page 4 of 4