Sara A. John, VSB #48425 

M. Richard Epps, P.C. 

605 Lynnhaven Parkway 

Virginia Beach, Virginia 23452 

757-498-9600 

sara_john@eppspc.com 

Counsel for Plaintiff 

UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA

Alexandria Division 

In re: ) 

Timothy A. Krebs ) 

Tina E Krebs ) 

) Case No. 15-14061-KHK 

) Chapter 13 

Debtors 

NOTICE OF MOTION AND HEARING 

Capital One Auto Finance, a division of Capital One N.A. has filed papers with the court 

to move the court for relief from the automatic stay. 

Your rights may be affected. You should read these papers carefully and discuss 

them with your attorney, if you have one in this bankruptcy case. (If you do not have an 

attorney, you may wish to consult one.) 

If you do not wish the court to grant the relief sought in the motion, or if you want the 

court to consider your views on the motion, then on or before fourteen (14) days from the date of 

service of this motion, you or your attorney must: 

□ File with the court, at the address shown below, a written response with 

supporting memorandum as required by Local Bankruptcy Rule 9013-1(H). 

Unless a written response and supporting memorandum are filed and served 

by the date specified, the Court may deem any opposition waived, treat the 

motion as conceded, and issue an order granting the requested relief without 

further notice or hearing. If you mail your response to the court for filing, you 

must mail it early enough so the court will receive it on or before the date stated 

above. You must also mail a copy to the persons listed below. 

□ Attend the hearing scheduled to be held on January 24, 2018 at 9:30 AM in 

United States Bankruptcy Court, 200 South Washington Street, 2nd Floor, 

Courtroom II, Alexandria, Virginia 22314. If no timely response has been filed 

opposing the relief requested, the court may grant the relief without holding 

a hearing. 

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□ A copy of any written response must be mailed to the following persons: 

 Clerk of Court 

United States Bankruptcy Court 

200 S. Washington Street 

Alexandria, Virginia 22314 

Sara A. John 

M. Richard Epps, P.C. 

605 Lynnhaven Parkway 

 Virginia Beach, VA 23452 

United States Trustee, Region 4 

115 South Union Street, Suite 210 

Alexandria, VA 22314. 

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. 

Date: January 3, 2018 Signature, name, address and telephone number 

of person giving notice: 

 /s/ Sara A. John

 Sara A. John 

 M. Richard Epps, P.C. 

 605 Lynnhaven Parkway 

 Virginia Beach, VA 23452 

757-498-9600 

Virginia State Bar Number 48425 

Counsel for Capital One Auto Finance, a division of 

Capital One N.A. 

Certificate of Service

 I hereby certify that on January 3, 2018, I mailed or electronically served a true copy 

of this Notice of Motion to: Timothy A. Krebs, 4400 Milroy Crest Street, Apt. 3108, Fairfax, VA 

22030; Tina E Krebs, 4400 Milroy Crest Street, Apt. 3108, Fairfax, VA 22030; Thomas P. 

Gorman, Trustee, 300 N. Washington St. Ste. 400, Alexandria, VA 22314; and Scott A. Weible, 

Counsel to Debtors, 10645 N. Oracle Road, PMB 121-353, Oro Valley, AZ 85737-9387. 

 /s/ Sara A. John

 Sara A. John 

M. Richard Epps, P.C. 

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Sara A. John, VSB #48425 

M. Richard Epps, P.C. 

605 Lynnhaven Parkway 

Virginia Beach, Virginia 23452 

757-498-9600 

sara_john@eppspc.com 

Counsel for Plaintiff 

UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA 

Alexandria Division 

In re: 

Timothy A. Krebs Case No. 15-14061-KHK 

Tina E Krebs 

 Debtors. Chapter 13 

Capital One Auto Finance, a division of Capital One N.A., 

 Plaintiff, 

v. 

Timothy A. Krebs, 

Tina E Krebs, 

and 

Thomas P. Gorman, Trustee, 

 Defendants. 

MOTION FOR RELIEF FROM STAY

 NOW COMES Capital One Auto Finance, a division of Capital One N.A., by counsel, and 

states as follows as its Motion for Relief from Stay against Debtors: 

1. This Court has jurisdiction over the matters herein alleged pursuant to 28 U.S.C. § 1334. 

This matter constitutes a core proceeding within the meaning of 28 U.S.C. § 157 and is a 

contested matter under Rules 4001 and 9014 of the Federal Rules of Bankruptcy Procedure. 

2. That on November 17, 2015, Debtors filed a Chapter 13 bankruptcy. Debtors have filed a 

Chapter 13 plan. 

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3. That Plaintiff is a secured creditor of Debtors being secured by a lien on a 2012 HONDA 

ODYSSEY-V6 Wagon 5D EX-L, VIN 5FNRL5H6XCB087867. 

4. That under the terms of the plan, Debtors proposed to pay Plaintiff post petition payments 

directly, outside of the plan. 

5. Debtors are in default in the making of the payments and are presently due for the September 

16, 2017 through December 16, 2017 payments for arrearages totaling $2,360.00 with a payoff of 

approximately $21,738.37 on the account. Additionally, Plaintiff has incurred costs and attorney's 

fees in the filing of this Motion. 

6. That Plaintiff lacks adequate protection. 

7. For the above and foregoing reasons, Plaintiff asserts that cause exists sufficient to waive 

the requirement of Bankruptcy Rule 4001(a)(3), therefore allowing the Order granting the relief 

sought to be effective upon its entry. 

 WHEREFORE, Plaintiff moves the Court for relief from the automatic stay pursuant to 11 

U.S.C. § 362 so that it may proceed under state law. 

Capital One Auto Finance, a division of Capital One 

N.A. 

 /s/ Sara A. John 

 Sara A. John 

 M. Richard Epps, P.C. 

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Sara A. John, VSB #48425 

M. Richard Epps, P.C. 

605 Lynnhaven Parkway 

Virginia Beach, Virginia 23452 

757-498-9600 

sara_john@eppspc.com 

Counsel for Plaintiff 

Certificate of Service

 I hereby certify that on January 3, 2018, I mailed or electronically served a true copy 

of this Motion for Relief from Stay to: Timothy A. Krebs, 4400 Milroy Crest Street, Apt. 3108, 

Fairfax, VA 22030; Tina E Krebs, 4400 Milroy Crest Street, Apt. 3108, Fairfax, VA 22030; 

Thomas P. Gorman, Trustee, 300 N. Washington St. Ste. 400, Alexandria, VA 22314, and Scott 

A. Weible, Counsel to Debtors, 10645 N. Oracle Road, PMB 121-353, Oro Valley, AZ 85737-

9387. 

 /s/ Sara A. John

 Sara A. John 

M. Richard Epps, P.C. 

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