S&B# 14-244127 

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

ALEXANDRIA DIVISION

IN RE:

Hassan Z Zaidi Codebtor 

Address: 1507 Summerset Place, Herndon, VA 20170

Last four digits of Social Security No.(s): XXX-XX-8711

BCN #: 17-10864-KHK

Chapter: 13

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 twenty one (21) 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, 200 South Washington 

Street, Alexandria, VA 22314, 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 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 expiration of the fourteen day period.

You may attend the preliminary hearing scheduled to be held on: July 25, 2018 at 9:30 

AM in Courtroom III, United States Bankruptcy Court, 200 South Washington Street, 

Alexandria, VA 22314. 

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S&B# 14-244127 

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.

SHAPIRO & BROWN, LLP Dated: June 6, 2018

ATTORNEYS FOR THE MOVANT

/s/ Mary F. Balthasar Lake________________

BY: Gregory N. Britto, Esquire, VSB #23476

William M. Savage, Esquire, VSB #26155

Malcolm B. Savage, III, Esquire, VSB #91050

Thomas J. Gartner, Esquire, VSB #79340

Mary F. Balthasar Lake, Esquire, VSB #34899

Leonard C. Tengco, Esquire, VSB #76395

SHAPIRO & BROWN, LLP

501 Independence Parkway, Suite 203

Chesapeake, Virginia 23320

(703) 449-5800

VABECF@logs.com

CERTIFICATE OF SERVICE 

I certify that I have this 6th day of June, 2018, electronically transmitted and/or mailed by 

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

Nathan A Fisher

3977 Chain Bridge Road, #2

Fairfax, VA 22030

Thomas P. Gorman

300 N. Washington St. Ste. 400

Alexandria, VA 22314

Hassan Z. Zaidi

1507 Summerset Place

Herndon, VA 20170

/s/ Mary F. Balthasar Lake

Gregory N. Britto, Esquire, VSB #23476

William M. Savage, Esquire, VSB #26155

Malcolm B. Savage, III, Esquire, VSB #91050

Thomas J. Gartner, Esquire, VSB #79340

Mary F. Balthasar Lake, Esquire, VSB #34899

Leonard C. Tengco, Esquire, VSB #76395

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S&B# 14-244127 

United States Bankruptcy Court

Eastern District of Virginia

Alexandria Division

IN RE:

WASEEM ZAHEER ZAIDI 

Debtor

BCN#: 17-10864-KHK

Chapter: 13

The Bank of New York Mellon, f/k/a The 

Bank of New York, as trustee, on behalf of 

the holders of the CHL Mortgage PassThrough Trust 2005-6, Mortgage PassThrough Certificates, Series 2005-6

or present noteholder,

Movant/Secured Creditor,

v.

WASEEM ZAHEER ZAIDI 

Debtor

HASSAN Z ZAIDI

Codebtor

and

THOMAS P. GORMAN

Trustee

Respondents

NOTICE OF CODEBTOR 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 twenty (20) 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, 200 South Washington 

Street, Alexandria, VA 22314, and serve a copy on the Movant. 

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 twenty day period.

You may attend the preliminary hearing scheduled to be held on: July 25, 2018 at 9:30 

AM in Courtroom III, United States Bankruptcy Court, 200 South Washington Street, 

Alexandria, VA 22314. 

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S&B# 14-244127 

If you do not file a written response by the deadline shown, the law provides that the 

automatic stay protecting you from further legal action against you by this creditor will 

automatically terminate as provided for in 11 U.S.C. §1301(d).

SHAPIRO & BROWN, LLP Dated: June 6, 2018

ATTORNEYS FOR THE MOVANT

/s/ Mary F. Balthasar Lake

BY: Gregory N. Britto, Esquire, VSB #23476

William M. Savage, Esquire, VSB #26155

Malcolm B. Savage, III, Esquire, VSB #91050

Thomas J. Gartner, Esquire, VSB #79340

Mary F. Balthasar Lake, Esquire, VSB #34899

Leonard C. Tengco, Esquire, VSB #76395

SHAPIRO & BROWN, LLP

501 Independence Parkway, Suite 203

Chesapeake, Virginia 23320

(703) 449-5800

VABECF@logs.com

Certificate of Service

I certify that I have this 6th day of June, 2018, electronically transmitted and/or mailed by 

first class mail, postage pre-paid, true copies of the above Motion for Order Granting Relief from 

Codebtor Stay and Notice of Motion and Hearing to the following: 

Nathan A Fisher

3977 Chain Bridge Road, #2

Fairfax, VA 22030

Thomas P. Gorman

300 N. Washington St. Ste. 400

Alexandria, VA 22314

Hassan Z. Zaidi

1507 Summerset Place

Herndon, VA 20170

/s/ Mary F. Balthasar Lake

Gregory N. Britto, Esquire, VSB #23476

William M. Savage, Esquire, VSB #26155

Malcolm B. Savage, III, Esquire, VSB #91050

Thomas J. Gartner, Esquire, VSB #79340

Mary F. Balthasar Lake, Esquire, VSB #34899

Leonard C. Tengco, Esquire, VSB #76395

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S&B# 14-244127

United States Bankruptcy Court

Eastern District of Virginia

Alexandria Division

In Re: 

Waseem Zaheer Zaidi 

Debtor

BCN#: 17-10864-KHK

Chapter: 13

The Bank of New York Mellon, f/k/a The 

Bank of New York, as trustee, on behalf of 

the holders of the CHL Mortgage PassThrough Trust 2005-6, Mortgage PassThrough Certificates, Series 2005-6

Movant/Secured Creditor,

Motion for Order Granting Relief from 

Codebtor Stay under 11 USC §1301(c)(2)

v.

Hassan Z Zaidi 

Codebtor

and

Thomas P. Gorman 

Trustee

Respondents

Select Portfolio Servicing, Inc., as servicing agent for The Bank of New York Mellon, 

f/k/a The Bank of New York, as trustee, on behalf of the holders of the CHL Mortgage PassThrough Trust 2005-6, Mortgage Pass-Through Certificates, Series 2005-6, 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 1301(c)(2); 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 March 16, 2017.

3. That Thomas P. Gorman 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 1507 Summerset Place, Herndon, VA 20170 and more particularly 

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S&B# 14-244127

described in the Deed of Trust dated January 20, 2005 and recorded as Deed Book 16922, Page 

1123 among the land records of the said city/county, as:

Lot 226, FOUR SEASONS, Section 2, Phase 3, as the same appears duly 

dedicated, platted and recorded in Deed Book 4132 at page 536, as resubdivided 

by Deed of Resubdivision, Dedication and Vacation recorded in Deed Book 8771 

at page 1018, among the land records of Fairfax County, Virginia. Being the same 

property conveyed by instrument dated December 15, 1994 recorded December 

16, 1994 in Deed Book 9314, at Page 370 from Richmond American Homes of 

Virginia, Inc.

5. The entity which has the right to foreclose is: The Bank of New York Mellon, 

f/k/a The Bank of New York, as trustee, on behalf of the holders of the CHL Mortgage PassThrough Trust 2005-6, Mortgage Pass-Through Certificates, Series 2005-6 by virtue of being the 

holder and owner of the Note.

6. 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 and 

Codebtor.

7. A Proof of Claim for pre-petition arrears was filed with this Court on Movant’s

behalf on July 31, 2017, in the amount of $357,131.84.

8. Movant has elected to initiate foreclosure proceedings on the Property with 

respect to the Deed of Trust, but is prevented by the Automatic Stays from going forward with 

these proceedings.

9. That the Movant is informed and believes, and, based upon the Chapter 13 plan 

dated April 12, 2017 that the Debtor(s) intended to surrender the above mentioned property. The

Order Confirming Plan was entered June 8, 2017.

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

belief, alleges that the Debtor has little or no equity in the property.

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11. That continuation of the automatic stays pursuant to 11 U.S.C. §§ 1301(a) will 

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

entitled.

12. That the Movant has requested that the Court hear this matter on July 25, 2018 at 

9:30 AM.

WHEREFORE, Movant prays for an order granting relief from the Automatic Stays of 11 

U.S.C. §§ 1301 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.

SHAPIRO & BROWN, LLP Dated: June 6, 2018

ATTORNEYS FOR THE MOVANT

/s/ Mary F. Balthasar Lake

BY: Gregory N. Britto, Esquire

VSB #23476

William M. Savage, Esquire

VSB #26155

Malcolm B. Savage, III, Esquire

VSB #91050

Thomas J. Gartner, Esquire

VSB #79340

Mary F. Balthasar Lake, Esquire

VSB #34899

Leonard C. Tengco, Esquire

VSB #76395

SHAPIRO & BROWN, LLP

501 Independence Parkway, Suite 203

Chesapeake, Virginia 23320

(703) 449-5800

VABECF@logs.com

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S&B# 14-244127

Certificate of Service

I certify that I have this 6th day of June, 2018, 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. 

Nathan A Fisher

3977 Chain Bridge Road, #2

Fairfax, VA 22030

Thomas P. Gorman

300 N. Washington St. Ste. 400

Alexandria, VA 22314

Hassan Z. Zaidi

1507 Summerset Place

Herndon, VA 20170

/s/ Mary F. Balthasar Lake

Gregory N. Britto, Esquire

VSB #23476

William M. Savage, Esquire

VSB #26155

Malcolm B. Savage, III, Esquire

VSB #91050

Thomas J. Gartner, Esquire

VSB #79340

Mary F. Balthasar Lake, Esquire

VSB #34899

Leonard C. Tengco, Esquire

VSB #76395

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