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trust on the 3513 property4 and three notes secured by three
deeds of trust on the 3532 property.5 Bank of America was also
a lienholder on the 3513 and the 3532 properties. Bank of
America foreclosed on both properties sometime in 1996.
The debtors stopped paying on the notes in either 1995 or
1996. On May 21, 1997, the debtors filed for bankruptcy
protection under chapter 7. Petitioners were secured creditors
in the debtors’ bankruptcy proceeding. There were no
distributions to any creditors in the bankruptcy proceeding, and
the debtors received a discharge in bankruptcy. At some point
the debtors filed for chapter 13 bankruptcy. Petitioners were
not included as creditors in the debtors’ chapter 13 bankruptcy
proceeding; thus, petitioners were not entitled to any payments.6
4 Note 1, in the amount of $8,833.43, was secured by
property at 14470 Filarette Street, in Prince William County,
Va., and Note 2, in the amount of $34,000, was secured by
property at 1009 Monroe Street, in Anne Arundel County, Md.
5 Note 1, in the amount of $17,891.88, was secured by
property at 4413 Hemmingway, in Prince William County, Va.; Note
2, in the amount of $15,000, was secured by property at 1235
Hilltop Drive; and Note 3, in the amount of $10,000, was secured
by property at 14470 Filarette Street, in Prince William County,
Va.
6 The record is unclear regarding the commencement date of
the debtors’ ch. 13 bankruptcy. The deadline to file a Complaint
Objecting to Discharge of the Debtor or to Determine
Dischargeability of Certain Types of Debts was Aug. 23, 1997. It
appears that petitioners did not file a timely claim as secured
creditors in the ch. 13 proceeding. Other secured creditors were
included in the debtors’ ch. 13 bankruptcy proceeding.
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Last modified: May 25, 2011