Auria DuPuch-Freeman

SHAPIRO & BROWN, LLP 

501 Independence Parkway, Suite 203

Chesapeake, Virginia 23320 Attorneys for WILMINGTON TRUST, NATIONAL ASSOCIATION, AS 

SUCCESSOR TRUSTEE TO CITIBANK, N.A., AS TRUSTEE TO MERRILL LYNCH MORTGAGE 

INVESTORS TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-HE5

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

IN RE:

KEVIN KENT JONES

Debtor 

Address: 3336 Ottawa Rd

Richmond, VA 23225

Last four digits of Social Security No.(s): XXX-XX-6909

BCN #: 15-35826/KLP

Chapter: 13

NOTICE OF MOTION

WILMINGTON TRUST, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE 

TO CITIBANK, N.A., AS TRUSTEE TO MERRILL LYNCH MORTGAGE INVESTORS 

TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-HE5 has 

filed papers with the court to request an order granting 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 want 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 March 17, 2016, you or your 

attorney must:

 File with the court, at the address shown below, a written request for a hearing [or 

a written response pursuant to Local Bankruptcy Rule 9013-1(H)]. If you mail 

your request for hearing (or 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.

Clerk of Court

United States Bankruptcy Court

701 East Broad Street

Room 4000

Richmond, VA 23219

You must also mail a copy to:

Auria DuPuch-Freeman

SHAPIRO & BROWN, LLP 

501 Independence Parkway, Suite 203

Chesapeake, Virginia 23320

(757) 687-8777

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 Attend the hearing on the motion or objection scheduled to be held on April 6, 

2016 at the United States Bankruptcy Court, 701 East Broad Street, Richmond, 

VA 23219 in Courtroom 5100 at 9:00 AM.

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.

16-256379

Dated: March 3, 2016 SHAPIRO & BROWN, LLP 

Attorneys for WILMINGTON TRUST, NATIONAL 

ASSOCIATION, AS SUCCESSOR TRUSTEE TO 

CITIBANK, N.A., AS TRUSTEE TO MERRILL LYNCH 

MORTGAGE INVESTORS TRUST, MORTGAGE LOAN 

ASSET-BACKED CERTIFICATES, SERIES 2006-HE5

By:/s/ Auria DuPuch-Freeman

Lindsey C. Kelly, Esquire

VSB #71314

James R. Meizanis, Esquire

VSB #80692

Gregory N. Britto, Esquire

VSB #22531

Auria DuPuch-Freeman, Esquire

VSB #87483

SHAPIRO & BROWN, LLP 

501 Independence Parkway, Suite 203

Chesapeake, Virginia 23320

(757) 687-8777

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CERTIFICATE OF SERVICE 

I certify that I have this 3rd day of March, 2016, electronically transmitted and/or mailed 

by first class mail, postage pre-paid, a true copy of the foregoing Notice of Motion to the 

following:

Richard James Oulton

America Law Group, Inc.

8501 Mayland Dr.

Suite 106

Henrico, VA 23294

Suzanne E. Wade

P.O. Box 1780

Richmond, VA 23218-1780

Kevin Kent Jones

3336 Ottawa Rd

Richmond, VA 23225

/s/ Auria DuPuch-Freeman

Lindsey C. Kelly, Esquire

VSB #71314

James R. Meizanis, Esquire

VSB #80692

Gregory N. Britto, Esquire

VSB #22531

Auria DuPuch-Freeman, Esquire

VSB #87483

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Auria DuPuch-Freeman

SHAPIRO & BROWN, LLP 

501 Independence Parkway, Suite 203

Chesapeake, Virginia 23320 Attorneys for WILMINGTON TRUST, NATIONAL ASSOCIATION, AS 

SUCCESSOR TRUSTEE TO CITIBANK, N.A., AS TRUSTEE TO MERRILL LYNCH MORTGAGE 

INVESTORS TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-HE5

United States Bankruptcy Court

Eastern District of Virginia

Richmond Division

In RE:

Kevin Kent Jones

Debtor

BCN#: 15-35826/KLP

Chapter: 13

WILMINGTON TRUST, NATIONAL 

ASSOCIATION, AS SUCCESSOR 

TRUSTEE TO CITIBANK, N.A., AS 

TRUSTEE TO MERRILL LYNCH 

MORTGAGE INVESTORS TRUST, 

MORTGAGE LOAN ASSET-BACKED 

CERTIFICATES, SERIES 2006-HE5

or present noteholder,

Movant/Secured Creditor,

Motion for Order Granting Relief

v.

Kevin Kent Jones 

Debtor

and

Suzanne E. Wade 

Trustee

Respondents

WILMINGTON TRUST, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE 

TO CITIBANK, N.A., AS TRUSTEE TO MERRILL LYNCH MORTGAGE INVESTORS 

TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-HE5, and/or 

present noteholder, (hereinafter “the Movant”), alleges as follows:

1. That the bankruptcy court has jurisdiction over this contested matter pursuant to 

28 U.S.C. § 157 and § 1334 and 11 U.S.C. § 362; Federal Rule of Bankruptcy Procedure 9014; 

and Local Bankruptcy Rule 4001(a)-1.

2. That the above named Debtor filed a Chapter 13 Petition in Bankruptcy with this 

Court on November 11, 2015.

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3. That Suzanne E. Wade has been appointed by this Court as the Chapter 13 Trustee 

in this instant Bankruptcy proceeding.

4. That the subject deed of trust secures a parcel of real property (hereinafter “the 

Property”) with the address of 3336 Ottawa Rd, Richmond, VA 23225 and more particularly 

described in the Deed of Trust dated June 5, 2006 and recorded as Deed Book/Instrument 

Number 060019834 among the land records of the said city/county, as:

ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND, WITH THE 

IMPROVEMENTS

THEREON AND THE APPURTENANCES THERETO BELONGING, LYING 

AND BEING IN

THE CITY OF RICHMOND, D VIRGINIA (FORMERLY CHESTERFIELD 

COUNTY,

VIRGINIA), SHOWN AND DESIGNATED AS LOT 6, BLOCK F, SECTION V,

STRATFORD HILLS, ON SUBDIVISION PLAT OF STRATFORD HILLS, 

SECTION V, PREPARED BY J. K. TIMMONS, DATED NOVEMBER 10, 

1959, AND RECORDED MARCH 24, 1960, IN THE CLERK'S OFFICE OF 

THE CIRCUIT COURT OF CHESTERFIELD COUNTY, VIRGINIA, IN PLAT 

BOOK 12, PAGES 1 AND 2, TO WHICH PLAT REFERENCE IS MADE FOR 

A MORE PARTICULAR DESCRIPTION.

5. That the Movant is informed and believes, and, based upon such information and 

belief, alleges that title to the Property is currently vested in the name of the Debtor.

6. That the Debtor is in default with regard to payments which have become due 

under the terms of the aforementioned note and deed of trust since the filing of the Chapter 13 

petition. 

The Debtor is due for:

o 3 post petition monthly payments of $653.13 each which were to be paid directly 

to Movant;

o Bankruptcy Fees of $650.00

o Bankruptcy Costs of $176.00

o Total $2,785.39

7. That the principal balance on the said Note is $174,662.57.

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8. Attached are redacted copies of any documents that support the claim, such as 

promissory notes, purchase order, invoices, itemized statements of running accounts, contracts, 

judgments, mortgages, and security agreements in support of right to seek a lift of the automatic 

stay and foreclose if necessary.

9. That the Movant has elected to initiate foreclosure proceedings on the Property 

with respect to the deed of trust, but is prevented by the Automatic Stay from going forward with 

these proceedings.

10. That continuation of the automatic stay pursuant to 11 U.S.C. § 362(a) will work 

real and irreparable harm and deprive the Movant of the adequate protection to which it is 

entitled under 11 U.S.C. § 362.

11. That the Movant has requested that the Court hear this matter on April 6, 2016 at 

9:00 AM.

WHEREFORE, Movant prays for an order granting relief from Automatic Stay in order 

to pursue its remedies under the terms of its Note and Deed of Trust, that the fourteen (14) day 

waiting period imposed by F.R.B.P. 4001(a)(3) be waived, for its attorneys fees and costs 

expended, and for such other and further relief as the Court and equity deem appropriate.

Dated: March 3, 2016

SHAPIRO & BROWN, LLP 

Attorneys for Movant

By:/s/ Auria DuPuch-Freeman

Lindsey C. Kelly, Esquire VSB #71314

James R. Meizanis, Esquire VSB #80692

Gregory N. Britto, Esquire VSB #22531

Auria DuPuch-Freeman, Esquire VSB #87483

SHAPIRO & BROWN, LLP 

501 Independence Parkway, Suite 203

Chesapeake, Virginia 23320

(757) 687-8777 16-256379

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NOTICE OF MOTION AND HEARING 

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 this motion, or if you want the 

Court to consider your views on this motion, then within fourteen (14) days from the date of 

service of this motion, you must file a written response explaining your position with the Court at 

the following address: Clerk of Court, United States Bankruptcy Court, 701 East Broad Street, 

Room 4000, Richmond, VA 23219-3515, and serve a copy on the Movant. Unless a written 

response is filed and served within this fourteen day period, the Court may deem any opposition 

waived, treat the motion as conceded, and issue an Order granting the requested relief.

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 expiration of the fourteen day period.

You may attend the preliminary hearing scheduled to be held on: April 6, 2016 at 9:00 

AM in Courtroom 5100, United States Bankruptcy Court, 701 East Broad Street, Richmond, VA 

23219. 

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 the requested relief.

Dated: March 3, 2016 SHAPIRO & BROWN, LLP 

ATTORNEYS FOR THE MOVANT 

/s/ Auria DuPuch-Freeman

BY: Lindsey C. Kelly, Esquire VSB #71314

James R. Meizanis, Esquire VSB #80692

Gregory N. Britto, Esquire VSB #22531

Auria DuPuch-Freeman, Esquire VSB #87483

SHAPIRO & BROWN, LLP 

501 Independence Parkway, Suite 203

Chesapeake, Virginia 23320

(757) 687-8777 16-256379

Counsel for WILMINGTON TRUST, NATIONAL 

ASSOCIATION, AS SUCCESSOR TRUSTEE TO 

CITIBANK, N.A., AS TRUSTEE TO MERRILL 

LYNCH MORTGAGE INVESTORS TRUST, 

MORTGAGE LOAN ASSET-BACKED 

CERTIFICATES, SERIES 2006-HE5

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Certificate of Service

I certify that I have this 3rd day of March 2016, electronically transmitted and/or mailed by first 

class mail, true copies of the Motion for Relief from the Automatic Stay and Notice of Motion 

and Hearing to each party required to receive notice. 

Richard James Oulton

America Law Group, Inc.

8501 Mayland Dr.

Suite 106

Henrico, VA 23294

Suzanne E. Wade

P.O. Box 1780

Richmond, VA 23218-1780

Kevin Kent Jones

3336 Ottawa Rd

Richmond, VA 23225

/s/ Auria DuPuch-Freeman

Lindsey C. Kelly, Esquire

VSB #71314

James R. Meizanis, Esquire

VSB #80692

Gregory N. Britto, Esquire

VSB #22531

Auria DuPuch-Freeman, Esquire

VSB #87483

16-256379

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