IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division

____________________________________

IN RE: )

)

SHARLA MARIE OWENS ) Case No. 17−33729−KLP

) Chapter 13

Debtor )

NOTICE OF MOTION TO EXTEND THE AUTOMATIC STAY AND HEARING 

The above named Debtor, by counsel, has 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 August 16, 2017 at 10:00 a.m. in Honorable Judge 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 23218-0508

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, 

SHARLA MARIE OWENS

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 Debtor

CERTIFICATE OF SERVICE 

I certify that on August 2, 2017, 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 13 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 Debtor

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IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division

____________________________________

IN RE: )

)

SHARLA MARIE OWENS ) Case No. 17−33729−KLP

) Chapter 13

Debtor )

MOTION TO EXTEND AUTOMATIC STAY AND 

MEMORANDUM IN SUPPORT THEREOF 

COMES NOW SHARLA MARIE OWENS (the “Debtor”), by counsel, pursuant to 11 

U.S.C. § 362(c)(3)(B) and files the following Motion to Extend Automatic Stay and Memorandum 

in Support Thereof, and affirmatively states 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 Debtor. 

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 July 24, 2017 (hereinafter the “Petition Date”), the Debtor filed a petition for 

relief under Chapter 13 of the Bankruptcy Code (the “instant case”). 

5. Within the year prior to filing the instant case, Debtor has been a debtor in one (1) 

pending Chapter 13 bankruptcy case, which was filed on May 22, 2015 and dismissed on or about 

June 13, 2017 (Case No. 15-32673) (the “previous case”). 

6. The previous case was dismissed by the Court because the Debtor was delinquent 

in her payments to her Chapter 13 Trustee. In July 2016, the Debtor switched jobs. Her starting 

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wages with her new place of employment were less than what she had been making. Her reduced 

income made it difficult to keep up with her regular monthly bills, so she fell behind in her 

bankruptcy payments. She has now been with the company for about one (1) year. Her income is 

now stable again, and she expects to receive an increase in wages in the next two (2) months after 

her employer goes through an accreditation process.

Facts of the Instant Case 

7. In the instant case, Debtor has proposed a Chapter 13 Plan (the “Plan”) that commits 

to pay the Trustee all projected disposable income, $225.00 for a period of sixty (60) months.

8. Among other provisions, the Plan proposes the following: Payment through the 

Trustee to the City of Richmond, the Virginia Department of Taxation, and the Internal Revenue 

Service for taxes; to Capital One Auto Finance for a vehicle; and to unsecured creditors a dividend 

of approximately one percent (1%). 

Discussion 

9. 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). 

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

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

11. 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 

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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).

12. 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.

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

consider, inter alia, “the percentage of proposed repayment, the debtor’s financial situation, the 

period of time payment will be made, 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. The focus of the inquiry is “to determine whether 

or not . . . there has been ‘an abuse of the provisions, purpose, or spirit’ of Chapter 13 in the 

proposal or plan.” Neufeld at 152, citing Deans at 972, and quoting 9 Collier on Bankruptcy 9.20 

at 319 (14

th 

ed. 1978).

14. 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. It must represent 

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a sincere effort on the part of the debtor to advance the goals and purposes of chapter 13.” Chaney 

at 694.

Argument

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

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

the instant case was filed in good faith. 

16. In the instant case, the Debtor has acted in good faith, and Debtor requests that the 

Court grant an extension of the automatic stay as to all creditors, as to Debtor and her property, 

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

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

reference. 

17. Applying the Neufeld factors to Debtor’s circumstances and to this case leads to 

the following conclusions: 

a. Percentage of proposed repayment - The Plan proposes to pay a dividend of one 

percent (1%) to non-priority unsecured creditors. Such creditors would receive a dividend of zero 

percent (0%) if Debtor were to file a Chapter 7 bankruptcy case. Application of this factor favors 

a finding of good faith. 

b. Debtor’s financial situation – Debtor has income from her employment with ALBC

School, where she has been employed for over one (1) year. Application of this factor favors a 

finding of good faith.

c. Period of time payment will be made - The period of time in which payments will 

be made is reasonable and is based upon the Debtor’s best efforts. Application of this factor favors 

a finding of good faith. 

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d. Debtor’s employment history and prospects – Debtor has income from her 

employment with ALBC School, where she has been employed for over one (1) year. 

e. Nature and amount of unsecured claims – Debtor’s Schedule F non-priority 

unsecured debts are estimated to be approximately $7,302.00 Debtor has 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. 

f. Debtor’s past bankruptcy filings - The instant Motion is required due to the fact 

that the Debtor’s 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. Debtor incorporates such explanation herein by this reference. Debtor’s 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.

g. Debtor’s honesty in representing facts – Debtor has fully disclosed all assets, 

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

cooperate fully with the Chapter 13 Trustee. Application of this factor favors a finding of good 

faith. 

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

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

faith. 

18. Debtor asserts that the instant case does not “violate the spirit of the Bankruptcy 

Code” and it is not “a ploy to frustrate creditors”; rather, it represents “a sincere effort on the part 

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of the debtor to advance the goals and purposes of chapter 13”. See Chaney at 694. In support 

hereof, the Debtor asserts the following additional arguments:

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

instant case, Debtor 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. Debtor’s 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 Debtor became unable to repay. 

Application of this factor favors a finding of good faith. 

c. The debtor’s motive in filing the petition – Debtor’s motive in filing this case is to 

apply best efforts to repay creditors and receive a fresh start through bankruptcy. Application of 

this factor favors a finding of good faith. 

d. How the debtor’s actions affected creditors – The Plan provisions and treatment of 

creditors are generally described in paragraph 7, supra. 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 Debtor’s changes in circumstances and explain both the 

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

Debtor incorporates such explanations herein by this reference. Application of this factor favors a 

finding of good faith. 

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WHEREFORE, for the foregoing reasons, SHARLA MARIE OWENS respectfully 

requests this Honorable Court to enter an Order extending the automatic stay as to all creditors, as 

to Debtor and her 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, 

SHARLA MARIE OWENS

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 Debtor

CERTIFICATE OF SERVICE 

I certify that on August 2, 2017, 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 13 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 Debtor

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IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division

____________________________________

IN RE: )

) EXHIBIT 1

SHARLA MARIE OWENS ) Case No. 17−33729−KLP

) Chapter 13

Debtor )

AFFIDAVIT OF SHARLA MARIE OWENS

BEFORE ME, the undersigned authority, personally appeared SHARLA MARIE 

OWENS, known to me, and upon her oath, stated as follows: 

1. My name is SHARLA MARIE OWENS. I am above the age of 18 years, and 

competent to make this affidavit. 

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

3. I reside at 5835 Willow Oaks Drive, Apartment C, Richmond, VA 23225.

4. I have income from my employment with ALBC School, where I have been 

employed for over one (1) year.

5. During the one (1) year prior to filing the present case, I was a debtor in one (1) 

pending bankruptcy case that was dismissed. The previous case was a Chapter 13 bankruptcy 

case, which was filed on May 22, 2015 and dismissed on or about June 13, 2017 (Case No. 15-

32673)

6. The previous case was dismissed by the Court because I was delinquent in my

payments to my Chapter 13 Trustee. In July 2016, I switched jobs. My starting wages with my

new place of employment were less than what I had been making. My reduced income made it 

difficult to keep up with my regular monthly bills, so I fell behind in my bankruptcy payments. I

have now been with the company for about one (1) year. My income is now stable again, and I

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expect to receive an increase in wages in the next two (2) months after my employer goes through 

an accreditation process.

7. I have listed all of my assets and all of my debts and have fully and accurately 

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

8. I will propose the following treatment of my creditors in my Chapter 13 Plan: 

payment through the Trustee to the City of Richmond, the Virginia Department of Taxation, and 

the Internal Revenue Service for taxes; to Capital One Auto Finance for a vehicle; and to unsecured 

creditors in a dividend of approximately one percent (1%).

9. I am proposing to pay the Trustee all projected disposable income, $225.00 for a 

period of sixty (60) months.

10. After the dismissal of my previous case, I acted as fast as I reasonably could to 

retain a bankruptcy attorney to file this case for me because I want to use the bankruptcy system 

to resolve my debts. 

11. My debts arose as a result of ordinary living expenses. The debt I have has 

accumulated over several years and is not the result of any purchases of luxury goods or services. 

12. I 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. 

13. I desire to use the bankruptcy system to obtain a fresh start and have not been 

attempting to evade my responsibilities or delay my creditors’ attempts to collect. In addition to 

repaying my creditors what I can afford and obtain a discharge of my indebtedness, the purpose of 

my bankruptcy filing is to pay my tax debts, vehicle, and resolve my unsecured debts. 

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14. My income is consistent and likely to remain so during this case. My household 

expenses are not likely to change substantially. I believe that I will be able to make my payments 

to the Trustee and meet my other obligations as they come due throughout this case. 

WITNESS the following signature and seal on July 19, 2017.

/s/ Sharla Marie Owens (seal)

Sharla Marie Owens

CERTIFICATE OF ACKNOWLEDGMENT

State of Virginia

City of Richmond; to wit: 

The foregoing instrument was acknowledged before me this 19

th day of July, 2017, by Sharla

Marie Owens. 

/s/ Cristina Marie Diez

 Notary Public

My Commission Expires: August 20, 2020

Notary Registration Number: 7691239

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 Label Matrix for local noticing Capital One Auto Finance United States Bankruptcy Court 

 0422-3 P.O. Box 201347 701 East Broad Street 

 Case 15-32673-KRH Arlington, TX 76006-1347 Richmond, VA 23219-1888 

 Eastern District of Virginia 

 Richmond 

 Wed Aug 2 12:48:51 EDT 2017 

 Afni, Inc Ashley Funding Services, LLC its successors Atlas Acquisitions LLC 

 PO Box 3667 assigns as assignee of Laboratory 294 Union St. 

 Bloomington, IL 61702-3667 Corporation of America Holdings Hackensack, NJ 07601-4303 

 Resurgent Capital Services 

 PO Box 10587 

 Greenville, SC 29603-0587 

 Bottom Dollar Payday CJW Medical Center Capital One Auto Finance 

 c/o PDL Supportcom LLC PO Box 13620 Attn: Bankruptcy Department 

 P.O. Box 19504 Richmond, VA 23225-8620 P.O. Box 260848 

 Lenexa, KS 66285-9504 Plano, TX 75026-0848 

 

 Capital One Auto Finance, a division of Capi Capital One Auto Finance, c/o Ascension Capi Capital One Bank USA NA 

 P.O. Box 201347 P.O. Box 201347 P.O. Box 30281 

 Arlington, TX 76006-1347 Arlington, TX 76006-1347 Salt Lake City, UT 84130-0281 

 Check City City of Richmond - City Hall City of Richmond - TAX 

 PO Box 970183 Room 109 Delinquent Taxes City Hall 

 Orem, UT 84097-0183 900 East Broad Street 900 E. Broad Street, Room 100 

 Richmond VA 23219-1907 Richmond, VA 23219-1907 

 Cjw Medical Center County of Chesterfield Credit Adjustment Board 

 Resurgent Capital Services Dept of Utilities 8002 Discovery Drive 

 PO Box 1927 P.O. Box 608 Suite 311 

 Greenville, SC 29602-1927 Chesterfield, VA 23832-0009 Henrico, VA 23229-8601 

 Deborah Porter Durham & Durham, L.L.P. FFCC-COLUM 

 2337 Ardendale Ave Re: PO Box 20790 

 Akron, OH 44312-1301 5665 New Northside Drive, #340 Columbus, OH 43220-0790 

 Atlanta, GA 30328-5834 

 GE Capital GECRB/HHGR Herbert W. Baker 

 PO Box 642333 P.O. Box 981439 301 Main Street 

 Pittsburgh, PA 15264-2333 El Paso, TX 79998-1439 PO Box 400 

 Zanesville, OH 43702-0400 

 (p)INTERNAL REVENUE SERVICE Internal Revenue Service Johnsons Community Bonding 

 CENTRALIZED INSOLVENCY OPERATIONS P.O. Box 7346 RE: Bankruptcy 

 PO BOX 7346 Philadelphia, PA 19101-7346 1821 East Nine Mile Road 

 PHILADELPHIA PA 19101-7346 Highland Springs, VA 23075-2309 

 LCA Collections Labcorp Medical Payment Data 

 Re: LabCorp Re: Bankruptcy Dept. P.O. Box 9500 

 1250 Chapel Hill Road PO Box 2240 Wilkes Barre, PA 18773-9500 

 Burlington, NC 27215-7141 Burlington, NC 27216-2240 

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 Navient Navient Solutions Inc. Office of the US Trustee 

 P.O. Box 9635 Department of Education Loan Services 701 E. Broad Street 

 Wilkes Barre, PA 18773-9635 Po Box 9635 Room 4304 

 Wilkes-Barre PA. 18773-9635 Richmond, VA 23219-1885 

 

 Patient First Patient First Porania LLC 

 Attn: Patient Accounts Re: Bankruptcy P. O. Box 11405 

 5000 Cox Road, Suite 100 PO Box 758941 Memphis, TN 38111-0405 

 Glen Allen, VA 23060-9263 Baltimore, MD 21275-8941 

 (p)PORTFOLIO RECOVERY ASSOCIATES LLC Primary Care Health Services Primecare Health Services 

 PO BOX 41067 PO Box 11768 PO Box 11768 

 NORFOLK VA 23541-1067 Richmond, VA 23230-0168 Richmond, VA 23230-0168 

 Professional Emer Care Radiology Assoc. of Richmond Receivables Management Systems 

 2987 Momentum Place 2602 Burford Rd. PO Box 8630 

 Chicago, IL 60689-5329 Richmond, VA 23235-3422 Richmond, VA 23226-0630 

 Scott Faulconer Sears/CBNA Time Warner Cable 

 1568 W. Archwood Ave P.O.Box 6282 3140 W Arrowood Road 

 Akron, OH 44306-0000 Sioux Falls, SD 57117-6282 Charlotte, NC 28273-0001 

 Virginia Dept of Taxation Virginia Emer Phys LLP WEBBANK/Fingerhut 

 P.O. Box 2156 Mail Processing Center 6250 Ridgewood Road 

 Richmond, VA 23218-2156 P.O. Box 41309, Dept. 142 Saint Cloud, MN 56303-0820 

 Nashville, TN 37204-1309 

 Willow Oaks Apartments Carl M. Bates Laura Taylor Alridge 

 6002 Willow Oaks Drive P. O. Box 1819 Boleman Law Firm, P.C. 

 Richmond, VA 23225-2415 Richmond, VA 23218-1819 P.O. Box 11588 

 Richmond, VA 23230-1588 

 Sharla Marie Owens Stephen F. Relyea 

 5835 Willow Oaks Drive Apt. C Boleman Law Firm, P.C. 

 Richmond, VA 23225-2471 PO Box 11588 

 Richmond, VA 23230-1588 

 The preferred mailing address (p) above has been substituted for the following entity/entities as so specified 

 by said entity/entities in a Notice of Address filed pursuant to 11 U.S.C. 342(f) and Fed.R.Bank.P. 2002 (g)(4). 

 IRS Portfolio Recovery Associates, LLC 

 P.O. Box 21126 POB 41067 

 Philadelphia, PA 19114 Norfolk VA 23541 

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 The following recipients may be/have been bypassed for notice due to an undeliverable (u) or duplicate (d) address. 

 (u)First Fed Credit Control (d)Internal Revenue Service End of Label Matrix 

 RE: Osoteo Jr. P.O. Box 7346 Mailable recipients 52 

 2470 Chagrin Blvd, Ste 205 Philadelphia, PA 19101-7346 Bypassed recipients 2 

 Total 54

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