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

Richmond Division 

In re: ) 

 ) 

Arlene L. Tyson ) 

) Case No. 16-34619-KLP 

) 

Debtor ) Chapter 7 

) 

Address 3300 Sylvania Road ) 

Chester, VA 23831 ) 

 ) 

Last four digits of Social Security or Individual ) 

Tax-payer Identification (ITIN) No(s).: 4398 ) 

NOTICE OF MOTION AND HEARING 

Americredit Financial Services, Inc. dba GM Financial 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 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 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 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, Suite 4000 

Richmond, VA 23219

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You must also mail a copy to: 

 Sara A. John 

 M. Richard Epps, P.C. 

 605 Lynnhaven Parkway 

 Virginia Beach, VA 23452. 

□ Attend the hearing on the motion scheduled to be held on November 2, 2016 at 9:00 

AM at United States Bankruptcy Court, 701 East Broad Street, Room 5100, 

Richmond, Virginia. 

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: September 28, 2016 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 No. 48425 

Counsel for Americredit Financial Services, Inc. 

dba GM Financial 

Certificate of Service

 I hereby certify that on September 28, 2016 I mailed or electronically served a true copy of 

the foregoing Notice of Motion to: Arlene L. Tyson, 3300 Sylvania Road, Chester, VA 23831; Peter 

J. Barrett, Trustee, 1111 E. Main Street, Suite 800, Richmond, VA 23219; and Brian K. Stevens, 

Counsel to Debtor, 2312 Boulevard, Colonial Heights, VA 23834. 

 /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

Richmond Division 

In re: 

 

Arlene L. Tyson Case No. 16-34619-KLP 

Debtor. Chapter 7 

 

Americredit Financial Services, Inc. dba GM Financial, 

Plaintiff, 

v. 

Arlene L. Tyson 

and 

Peter J. Barrett, Trustee, 

Defendants. 

MOTION FOR RELIEF FROM STAY

NOW COMES Americredit Financial Services, Inc. dba GM Financial, by counsel, and 

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

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 or about September 20, 2016, Debtor filed a petition for relief under 11 U.S.C. Chapter 7 

and, as a result, an automatic stay took effect prohibiting, among other things, Plaintiff from taking 

possession of the collateral securing its loan to Debtor. 

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3. Debtor herein owns an interest in the following described motor vehicle: a 2012 Nissan 

Rogue, VIN JN8AS5MV5CW367564 (the “vehicle”). 

4. Plaintiff is a secured creditor of Debtor, being secured by a lien on the vehicle, which said 

lien has been recorded on the certificate of title to the vehicle. 

5. That at the time of the petition in Chapter 7, Debtor was and continues to be in default under 

the terms of the loan with Plaintiff in that payments due thereunder are delinquent for the January 1, 

2016 through September 1, 2016 payments with arrearages totaling $3,896.40. The payoff on the 

loan is approximately $25,231.11. Additionally, Plaintiff has incurred attorney’s fees and costs for 

the filing of this Motion. 

6. That the vehicle has a NADA retail value of $16,800.00. There is no equity in the vehicle 

that would inure to the benefit of the bankruptcy estate. 

7. That Plaintiff lacks adequate protection. 

8. 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 as to the abovedescribed property pursuant to 11 U.S.C. § 362 so that it may proceed in accordance with state law. 

Americredit Financial Services, Inc. dba GM 

Financial 

 /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 September 28, 2016, I mailed or electronically served a true copy of 

this Motion for Relief from Stay to: Peter J. Barrett, Trustee, 1111 E. Main Street, Suite 800, 

Richmond, VA 23219; Brian K. Stevens, Counsel to Debtor, 2312 Boulevard, Colonial Heights, VA 

23834; and Arlene L. Tyson, 3300 Sylvania Road, Chester, VA 23831. 

 /s/ Sara A. John

 Sara A. John 

 M. Richard Epps, P.C. 

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