Brown v. Gorman

Filing 17

MEMORANDUM OPINION Signed by District Judge Leonie M. Brinkema on 10/10/2017. (gwalk, )

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division

BARBARA MURPHY BROWN,

Debtor/Appellant
l:17-cv-565 (LMB/JFA)

V.

On Appeal from

THOMAS P. GORMAN,

BKNO. 17-10180-KHK

Trustee/Appellee.

in the United States

Bankruptcy Court for the
Eastern District of Virginia

MEMORANDUM OPINION

After the Court heard oral argument from the parties on appellant Barbara Murphy

Brown's ("Brown" or "appellant") appeal of the bankruptcy court's dismissal of her Chapter 13

proceeding, the dismissal was affirmed. Brown has appealed that oral ruling. This Memorandum
Opinion more ftilly explains the basis for the Court's decision.
I.

BACKGROUND

The Chapter 13 proceeding at issue was not Brown's first, and to understand the

bankruptcycourt's decision, the history of Brown's proceedings is necessary.
A. First Bankruptcy Case

Represented by counsel. Brown filed a previous Chapter 13 petition on June 11, 2015 in
the United States Bankruptcy Court for the Eastern District of Virginia. S^ Murphy Brovm v.
Gorman. No. l:15-cv-01265,2016 WL 3702974, at *1 (E.D. Va. July 7, 2016). In her initial

Schedule A disclosure of real property Brown listed an ownership interest with her husband,

Jeffery L. Brown, as tenants by the entirety in her residence on Barbara Lane in Fairfax, Virginia