James E. Kane (VSB# 30081) 

KANE & PAPA, P.C. 

P. O. Box 508 

Richmond, Virginia 23218-0508 

Telephone (804) 225-9500 

Counsel for Debtor 

IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

Richmond Division 

IN RE: ) 

 ) 

JENNIFER ANN CRUMBLE ) Case No. 21−30027−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 February 3, 2021 at 10:00 a.m. in Honorable Judge Keith L. Phillis’ 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, 

JENNIFER ANN CRUMBLE 

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 January 20, 2021, 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: ) 

 ) 

JENNIFER ANN CRUMBLE ) Case No. 21−30027−KLP 

 ) Chapter 13 

 Debtor ) 

MOTION TO EXTEND AUTOMATIC STAY AND MEMORANDUM IN SUPPORT 

COMES NOW JENNIFER ANN CRUMBLE (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 January 6, 2021 (hereinafter the “Petition Date”), the Debtor filed a petition for 

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

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

pending bankruptcy case that was dismissed, a Chapter 13 case that was filed on March 5, 2019 

and dismissed on January 5, 2021 (Case No. 19-31127) (“previous case”). In addition, the Debtor 

was a debtor in a Chapter 7 case filed on November 17, 2006 wherein I received a discharge on 

November 1, 2007 (Case No. 06-33295); a Chapter 13 case that was filed on March 17, 2009 and 

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dismissed on July 28, 2010 (Case No. 09-31668); a Chapter 13 case that was filed on August 11, 

2010 and dismissed on March 16, 2015 (Case No. 10-35575); a Chapter 7 case filed on February 

22, 2015 wherein I received a discharge on May 27, 2015 (Case No. 15-30868); and a Chapter 13 

case that was filed on November 4, 2016 and dismissed on December 20, 2018. 

6. The Debtor’s family was negatively impacted by Covid-19. In March 2020, the 

Debtor was taken out work as she and her daughter were experiencing Covid symptoms. The 

Debtor’s daughter is high risk so her doctor specially required that both of them remain 

quarantined. During the quarantine, the Debtor was unable to work. In September 2020 the 

Debtor’s entire household was diagnosed with COVID-19 which put her family in tremendous 

debt. In December 2020 the Debtor suffered an accident that resulted in injuries to her spine, 

which has prevented her from working. The Debtor ultimately determined that she could not 

recover financially from these events and felt it best to dismiss the previous case and re-file. She 

is contemplating applying for Social Security Disability if she doesn’t recover soon. 

Facts of the Instant Case 

7. In the instant case, the Debtor will be proposing a Chapter 13 Plan (the “Plan”) that 

commits to pay the Trustee all projected disposable income, $50.00 per month for a period of one 

(1) month, and $135.00 per month for a period fifty-nine (59) months. 

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

Trustee to Henrico County for delinquent personal property taxes, 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 

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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 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 

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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 

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 the Debtor’s 

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: 

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a. Percentage of proposed repayment - The Plan proposes to pay a dividend of 1% to 

non-priority unsecured creditors. Such creditors would receive a dividend of 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 working as a hair stylist. 

She also receives Social Security and SNAP benefits. 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. 

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

a hair stylist. She also receives Social Security and SNAP benefits. Application of this factor 

favors a finding of good faith. 

e. Nature and amount of unsecured claims –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. 

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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 

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. 

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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. 

WHEREFORE, for the foregoing reasons, JENNIFER ANN CRUMBLE respectfully 

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

to Debtor and Debtor’s 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, 

JENNIFER ANN CRUMBLE 

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 

 

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CERTIFICATE OF SERVICE 

I certify that on January 20, 2021, 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: ) 

 ) 

JENNIFER ANN CRUMBLE ) Case No. 21−30027−KLP 

 ) Chapter 13 

 Debtor ) 

AFFIDAVIT OF JENNIFER ANN CRUMBLE 

JENNIFER ANN CRUMBLE, known to me, and upon oath, stated as follows: 

1. My name is JENNIFER ANN CRUMBLE. 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 135 Drybridge Court, Sandston, VA 23150. 

4. I have income from self-employment as a hair stylist. I also receive Social Security 

benefits for my children and SNAP benefits. I am the debtor in the present bankruptcy case. 

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

bankruptcy case that was dismissed, a Chapter 13 case that was filed on March 5, 2019 and 

dismissed on January 5, 2021 (Case No. 19-31127) (“previous case”). In addition, I was a debtor 

in a Chapter 7 case filed on November 17, 2006 wherein I received a discharge on November 1, 

2007 (Case No. 06-33295); a Chapter 13 case that was filed on March 17, 2009 and dismissed on 

July 28, 2010 (Case No. 09-31668); a Chapter 13 case that was filed on August 11, 2010 and 

dismissed on March 16, 2015 (Case No. 10-35575); a Chapter 7 case filed on February 22, 2015 

wherein I received a discharge on May 27, 2015 (Case No. 15-30868); and a Chapter 13 case that 

was filed on November 4, 2016 and dismissed on December 20, 2018. 

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6. My family has been negatively impacted by Covid-19. In March 2020, I was taken 

out work as my daughter and I were experiencing Covid symptoms. My daughter is high risk so 

my doctor specially required that both of us remain quarantined. During the quarantine, I was 

unable to work. In September 2020 my entire household was diagnosed with COVID-19 which 

put my family into tremendous debt. In December 2020 I suffered an accident that resulted in 

injuries to my spine, which has prevented me from working. I ultimately determined that I could 

not recover financially from these events and felt it best to dismiss the previous case and re-file. I 

am contemplating applying for Social Security Disability if I do not recover soon. 

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: 

$50.00 per month for a period of one (1) month, and $135.00 per month for a period fifty-nine (59) 

months. 

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

Trustee to Henrico County for delinquent personal property taxes, and to unsecured creditors a 

dividend of approximately one percent (1%). 

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. 

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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. 

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

expenses are not likely to change substantially. I believe 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 January 20, 2021. 

/s/ JENNIFER ANN CRUMBLE (seal) 

 JENNIFER ANN CRUMBLE 

CERTIFICATE OF ACKNOWLEDGMENT 

State of Virginia 

City of Richmond; to wit: 

The foregoing instrument was acknowledged on January 20, 2021, by JENNIFER ANN 

CRUMBLE. 

 /s/ Cristina Marie Diez 

 Notary Public 

My Commission Expires: August 31, 2024 

Notary Registration Number: 7691239 

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