541873 

Kathryn E. Smits, Bar #77337

ksmits@atlanticlawgrp.com

Atlantic Law Group, LLC 

PO Box 2548 

Leesburg, VA 20177 

(703) 777-7101 

IN THE UNITED STATES BANKRUPTCY 

COURT FOR THE EASTERN DISTRICT OF VIRGINIA 

Alexandria Division 

In re: 

MAHMOUD SHARAFATI 

Debtor 

Case No. 15-13242-BFK 

(Chapter 7) 

NOTICE OF MOTION 

US Bank National Association as Legal Title Trustee for Truman 2013 SC3 Title 

Trust has filed papers with the court to obtain relief from 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 

, you or your attorney must: 

 Send to the parties listed below at least 15 days written notice of a hearing,

which may be set on any regularly-scheduled motion day of the judge

assigned to the case. If necessary, you may obtain a list of such dates by

telephone from the clerk’s office. The original and one copy of the notice

must be filed with the clerk, accompanied by a motion day cover sheet, a

copy of which may be obtained from the clerk. If you are not represented

by an attorney, you may instead file with the clerk a written request for a

hearing. If you mail your request for hearing to the court for filing, you

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

stated above. The address of the clerk’s office is as follows:

Clerk of the Court 

United States Bankruptcy Court 

200 S. Washington Street 

Alexandria, VA 22314 

Case 15-13242-BFK Doc 28 Filed 12/10/15 Entered 12/10/15 17:10:56 Desc Main

 Document Page 1 of 15
541873 

Kathryn E. Smits, Bar #77337

ksmits@atlanticlawgrp.com

Atlantic Law Group, LLC 

PO Box 2548 

Leesburg, VA 20177 

(703) 777-7101 

You will be notified by the clerk of the hearing date and will be 

responsible for sending a notice of hearing to the parties listed below. 

X File with the court, at the address shown above, 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. 

X Attend the hearing scheduled to be held on January 06, 2016 at 9:30 

a.m. in Courtroom III. United States Bankruptcy Court, 200 South 

Washington Street, Alexandria, Virginia 22314. If no timely response 

has been filed opposing the relief requested, the court may grant 

the relief without holding a hearing.

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

Kathryn E. Smits 

Atlantic Law Group, LLC 

PO Box 2548 Leesburg, 

Virginia 20177 

Janet M. Meiburger, Trustee 

The Meiburger Law Firm, P.C. 

1493 Chain Bridge Road, Suite 201 

McLean, VA 22101-5726 

United States Trustee, Region 4 

115 South Union Street, Suite 210 

Alexandria, VA 22314 

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 Document Page 2 of 15
541873 

Kathryn E. Smits, Bar #77337

ksmits@atlanticlawgrp.com

Atlantic Law Group, LLC 

PO Box 2548 

Leesburg, VA 20177 

(703) 777-7101 

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 or objection and may enter an order granting 

that relief. 

Date: 

Signature, name, address and telephone number 

of person giving notice: 

/s/ Kathryn E. Smits 

Kathryn E. Smits, Bar #77337 

ksmits@atlanticlawgrp.com 

Atlantic Law Group, LLC 

PO Box 2548 

Leesburg, Virginia 20177 

(703) 777-7101 

Counsel for US Bank National Association as 

Legal Title Trustee for Truman 2013 SC3 

Title Trust 

12/10/15

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 Document Page 3 of 15
541873 

Kathryn E. Smits, Bar #77337

ksmits@atlanticlawgrp.com

Atlantic Law Group, LLC 

PO Box 2548 

Leesburg, VA 20177 

(703) 777-7101 

CERTIFICATION OF SERVICE 

I HEREBY CERTIFY that copies of the foregoing Notice of Motion were mailed 

by first class mail, postage-paid, or served electronically this day 

of , 2015 to the following parties: 

Mahmoud Sharafati 

9848 Burke Pond Lane 

Burke, VA 22015 

Debtor 

Nathan A. Fisher 

3977 Chain Bridge Road #2 

Fairfax, VA 22030 

Attorney for the Debtor 

Janet M. Meiburger 

The Meiburger Law Firm, P.C. 

1493 Chain Bridge Road, Suite 201 

McLean, VA 22101-5726 

Trustee 

_/s/ Kathryn E. Smits 

Kathryn E. Smits 

10th

December 

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IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

Alexandria Division 

IN RE: 

MAHMOUD SHARAFATI 

Debtor 

Case No. 15-13242-BFK 

(Chapter 7) 

US BANK NATIONAL ASSOCIATION AS 

LEGAL TITLE TRUSTEE FOR TRUMAN 

2013 SC3 TITLE TRUST 

P.O. BOX 52708 

IRVINE, CA 92619-2708 

Movant 

v. 

MAHMOUD SHARAFATI 

9848 BURKE POND LANE 

BURKE, VA 22015 

(Debtor) 

And 

JANET M. MEIBURGER 

THE MEIBURGER LAW FIRM, P.C. 

1493 CHAIN BRIDGE ROAD, SUITE 201 

MCLEAN, VA 22101-5726 

Trustee 

Defendants 

MOTION FOR RELIEF FROM AUTOMATIC STAY AND FOR PROSPECTIVE 

RELIEF FROM THE AUTOMATIC STAY

US Bank National Association as Legal Title Trustee for Truman 2013 SC3 Title Trust 

(“U.S. Bank”) by undersigned counsel, respectfully moves this Honorable Court to terminate the 

Automatic Stay and Co-Debtor Stay and, as grounds therefore, states as follows: 

541873 

Kathryn E. Smits, Bar #77337

ksmits@atlanticlawgrp.com

Atlantic Law Group, LLC 

PO Box 2548 

Leesburg, VA 20177 

(703) 777-7101 

Case 15-13242-BFK Doc 28 Filed 12/10/15 Entered 12/10/15 17:10:56 Desc Main

 Document Page 5 of 15
541873 

Kathryn E. Smits, Bar #77337 

ksmits@atlanticlawgrp.com 

Atlantic Law Group, LLC 

PO Box 2548 

Leesburg, VA 20177 

(703) 777-7101 

2

1. This proceeding seeking relief under Section 362 and 1301 of the U.S.

Bankruptcy Code is a contested matter within the meaning of 9014 and 4001 of the Federal 

Rules of Bankruptcy Procedure, and this court has jurisdiction over this matter pursuant to 28 

U.S.C. Section 157. 

2. On September 16, 2015, the above named debtor, Mahmoud Sharafati (“Debtor”),

filed in this court a Petition under Chapter 13 of the United States Bankruptcy Code. Thomas P. 

Gorman was appointed Chapter 13 Trustee. The case converted on October 20, 2015 to a 

Chapter 7. Janet M. Meiburger was appointed as Trustee. 

3. On or about February 17, 2006 the Debtor executed and delivered to

CountryWide Bank, N.A. a Note in the amount of seven hundred thirty-six thousand and 00/100 

dollars ($736,000.00), plus interest at the rate of 6.0% per annum, attorneys’ fees, costs and late 

charges to be paid over thirty (30) years beginning on . A copy of the Note is attached as Exhibit 

“A” and incorporated herein. 

4. To secure the repayment of the sums due under the Note, the Debtor executed and

delivered to CountryWide Bank, N.A. a Deed of Trust dated February 17, 2006 encumbering the 

real property (“Property”) described as: 

which has the address of 5397 Abernathy Court, Fairfax, Virginia 22032. The Deed of Trust was 

recorded in the Clerk’s Office of Fairfax County Circuit Court on February 22, 2006. A copy of 

the Deed of Trust is attached as Exhibit “B” and incorporated herein. 

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541873 

Kathryn E. Smits, Bar #77337 

ksmits@atlanticlawgrp.com 

Atlantic Law Group, LLC 

PO Box 2548 

Leesburg, VA 20177 

(703) 777-7101 

3

5. The Note was later transferred to U.S. Bank and U.S. Bank is the holder of the

Note. 

6. A copy of the Assignment is attached hereto as Exhibit “C” and incorporated

herein. 

7. As of November 20, 2015, the Debtor owes an unpaid principal balance of

$740,700.80 under the Note, plus additional accruing interest, late charges, attorneys’ fees and 

costs. 

8. As of November 20, 2015, the Debtor is contractually due for December 01,

2012, which includes the following missed payments pre and post-petition: 

Periodic 

Payments in 

Arrears 

Number of 

Missed 

Payments 

From To Payment 

Amount 

Total Due 

Pre - 

Petition 

Payments 

34 12/01/2012 09/01/2015 $4,473.04 $152,083.36

Post - 

Petition 

Payments 

2 10/01/2015 11/01/2015 $4,403.25 $8,806.50

Suspense: ($211.71)

Total Payments Past Due $160,678.15

9. The Debtor is in default under the Note.

10. The Debtor has not and cannot offer U.S. Bank adequate protection of its interest

in the Property, and U.S. Bank avers it is not adequately protected. 

11. Cause exists to terminate the Automatic Stay.

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541873 

Kathryn E. Smits, Bar #77337 

ksmits@atlanticlawgrp.com 

Atlantic Law Group, LLC 

PO Box 2548 

Leesburg, VA 20177 

(703) 777-7101 

4

12. The Debtor has filed multiple bankruptcy cases, frustrating the rights of U.S.

Bank with regards to exercising their rights to the property. 

13. The first case was a Chapter 13 case filed by Mahmoud Sharafati on September

10, 2014 case number (14-13351). A copy of the Docket Report for this case is attached as 

Exhibit “D” and incorporated herein. 

14. The second case was a Chapter 13 case filed by Mahmoud Sharafati on May 08,

2014 case number (14-11749). A copy of the Docket Report for this case is attached as Exhibit 

“E” and incorporated herein. 

15. The Debtor is currently payments behind on their payments to U.S. Bank, and are

due for the contractual payment. 

16. The Debtor has filed this case for the purpose of delaying U.S. Bank from

exercising its rights under the Deed of Trust. 

17. To protect against a possible fourth filing, U.S. Bank requests that this Court

grant an Order providing prospective relief from the automatic stay as to this Property from any 

future Bankruptcy filing within one hundred eighty (180) days. 

WHEREFORE, the premises considered, U.S. Bank respectfully requests that this Court 

enter an Order terminating the Automatic Stay allowing U.S. Bank to exercise its legal rights 

under applicable law as to the Property, including but not limited to foreclosure against the 

Property under the Deed of Trust, and grant prospective relief from the automatic stay such that 

any future bankruptcy filings within one hundred eighty (180) days by either the Debtor or any 

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541873 

Kathryn E. Smits, Bar #77337 

ksmits@atlanticlawgrp.com 

Atlantic Law Group, LLC 

PO Box 2548 

Leesburg, VA 20177 

(703) 777-7101 

5

party to whom they may transfer the Property will not hinder U.S. Bank’s ability to exercise its 

rights under the Deed of Trust and will not require relief from the automatic stay in that case, and 

for such other and further relief as this Court deems just and proper. 

Respectfully submitted, 

Atlantic Law Group, LLC 

/s/ Kathryn E. Smits 

Kathryn E. Smits, Bar #77337 

ksmits@atlanticlawgrp.com 

Atlantic Law Group, LLC 

PO Box 2548 

Leesburg, Virginia 20177 

(703)777-7101 

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CERTIFICATION OF SERVICE

I HEREBY CERTIFY that copies of the foregoing Motion for Relief from 

Automatic Stay were mailed by first class mail, postage-paid, or served electronically 

this day of , 2015 to the following parties: 

Mahmoud Sharafati 

9848 Burke Pond Lane 

Burke, VA 22015 

Debtor 

Nathan A. Fisher 

3977 Chain Bridge Road #2 

Fairfax, VA 22030 

Attorney for the Debtor 

Janet M. Meiburger 

The Meiburger Law Firm, P.C. 

1493 Chain Bridge Road, Suite 201 

McLean, VA 22101-5726 

Trustee 

_/s/ Kathryn E. Smits 

Kathryn E. Smits 

10th Dec

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 Document Page 10 of 15
IN RE: 

IN THE UNITED STATES BANKRUPTCY COURT 

 FOR THE EASTERN DISTRICT OFVIRGINIA 

Alexandria Division 

MAHMOUD SHARAFATI 

Debtor 

Case No. 15-13242-BFK 

(Chapter 7) 

US BANK NATIONAL ASSOCIATION AS 

LEGAL TITLE TRUSTEE FOR TRUMAN 

2013 SC3 TITLE TRUST 

Movant 

v. 

MAHMOUD SHARAFATI 

9848 BURKE POND LANE 

BURKE, VA 22015 

and 

JANET M. MEIBURGER 

THE MEIBURGER LAW FIRM, P.C. 

1493 CHAIN BRIDGE ROAD, SUITE 201 

MCLEAN, VA 22101-5726 

Trustee 

Respondents 

ORDER TERMINATING AUTOMATIC STAY AND FOR PROSPECTIVE 

RELIEF FROM THE AUTOMATIC STAY

UPON CONSIDERATION of the Motion for Relief from Automatic Stay and for 

Prospective Relief from the Automatic Stay (“Motion”) filed by US Bank National 

Association as Legal Title Trustee for Truman 2013 SC3 Title Trust (“U.S. Bank”), and 

any response thereto, and good cause having been shown, it is hereby 

ORDERED, that the Motion be, and the same is hereby GRANTED; and it is 

Case 15-13242-BFK Doc 28 Filed 12/10/15 Entered 12/10/15 17:10:56 Desc Main

 Document Page 11 of 15
further 

ORDERED, that the Automatic Stay and Co-Debtor Stay are terminated allowing

U.S. Bank to exercise its rights under applicable law against the Debtor’s Property described 

as: 

which has the address of 5397 Abernathy Court, Fairfax, Virginia 22032 (“Property") and 

grant prospective relief from the automatic stay such that any future bankruptcy filings 

within (180) days of the entry of this Order by either the Debtor, Co Debtor or any party 

to whom they may transfer the Property will not hinder U.S. Bank’s ability to exercise its 

rights under the Deed of Trust and will not require U.S. Bank to seek relief from the 

automatic stay in such case, and for such other and further relief as this court deems just 

and proper. 

ORDERED, that ten (10) day stay imposed by Rule 4001 is hereby waived and 

of no force and effect. 

Date: 

I ASK FOR THIS: 

BY THE COURT: 

Brian F. Kenney 

U.S. Bankruptcy Court Judge 

  /s/ Kathryn E. Smits

Kathryn E. Smits, Bar# 77337 

Attorney for Movant 

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 Document Page 12 of 15
Atlantic Law Group, LLC 

PO Box 2548 

Leesburg, VA 20177 

703 777-7101 telephone 

703 940-9119 facsimile 

SEEN: 

Nathan A. Fisher 

3977 Chain Bridge Road, #2 

Fairfax, VA 22030 

Bar No. 

Attorney for the Debtor 

Janet M. Meiburger 

The Meiburger Law Firm, P.C. 1493 Chain 

Bridge Road, Suite 201 

McLean, VA 22101-5726 

Trustee Copies to: 

Kathryn E. Smits, Bar# 77337 Attorney 

for Movant 

Atlantic Law Group, LLC PO Box 

2548 

Leesburg, VA 20177 

Mahmoud Sharafati 9848 

Burke Pond Lane Burke, VA 

22015 Debtor 

Nathan A. Fisher 

3977 Chain Bridge Road #2 

Fairfax, VA 22030 Attorney for 

the Debtor 

Janet M. Meiburger 

The Meiburger Law Firm, P.C. 1493 Chain 

Bridge Road, Suite 201 

McLean, VA 22101-5726 

Trustee 

Case 15-13242-BFK Doc 28 Filed 12/10/15 Entered 12/10/15 17:10:56 Desc Main

 Document Page 13 of 15
CERTIFICATION OF SERVICE 

I HEREBY CERTIFY that copies of the foregoing Proposed Order for Relief

From the Automatic Stay were mailed by first class mail, postage-paid, or served 

electronically this day of , 2015 to the following 

parties: 

Mahmoud Sharafati 

9848 Burke Pond Lane 

Burke, VA 22015 

Debtor 

Nathan A. Fisher 

3977 Chain Bridge Road #2 

Fairfax, VA 22030 

Attorney for the Debtor 

Janet M. Meiburger 

The Meiburger Law Firm, P.C. 

1493 Chain Bridge Road, Suite 201 

McLean, VA 22101-5726 

Trustee 

/s/ Kathryn E. Smits 

Kathryn E. Smits, Esquire 

10th

 Dec

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