UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Alexandria Division

)

In re: )

)

Kimberly Nicole Bush ) Case No. 17-12256-KHK

) Chapter 13

Debtor. )

)

)

US BANK, )

)

Movant, )

)

v. )

)

Kimberly Nicole Bush )

)

Respondents, )

)

and )

)

Thomas P. Gorman, )

)

Trustee. )

______________________________)

ANSWER TO MOTION FOR RELIEF FROM STAY

COME NOW, Debtor Kimberly Nicole Bush (“debtor”) and responds to Movant US 

Bank’s (“Movant”) Motion for Relief from the Automatic Stay as follows:

1. The debtor admits that this is a contested matter and that this court has jurisdiction

within the meaning of the Bankruptcy Code and Federal Rules of Bankruptcy Procedure 

2. The debtor admits that Movant is the holder of the Note secured by a Deed of 

Trust dated September 10, 2003 and recorded among the land records of the City of Alexandria 

Virginia and which encumbers the property of the Debtor at 4612 Cottonwood Place Alexandria 

Virginia 22310. Cynthia Randall, the listed non-filing co-debtor is deceased. 

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3. The debtor admits the facts stated in paragraphs 3 of the movant’s motion.

4. The debtor neither admits or denies the allegation in paragraph 4, of the movant’s 

motion and demand strict proof thereof 

5. The debtor admits the allegation in paragraph 5 of the movant’s motion. The

debtor has attempted to contact the Movant and the prior note holder Ditech to arrange for a loan 

modification or refinance of the property into the Debtor’s name. The Movant has not responded 

to the Debtor’s requests and will not speak to her because she is not Cynthia Randall. The Debtor 

has told the Movant and the prior note holder that Ms. Randall is deceased multiple times, but 

Movant has not updated their records and has not worked with the debtor because she is not on 

the note. 

6. The debtor neither admits or denies the allegations in paragraphs 6 of the 

movant’s motion and demand strict proof thereof. 

7. The debtor denies the allegation in paragraph 7 of the movant’s motion. There is 

sufficient equity in the home and the movant is adequately protected.

WHEREFORE Kimberly Nicole Bush respectfully requests that the Motion for Relief 

from the Automatic Stay be denied.

Respectfully submitted,

KIMBERLY NICOLE BUSH 

By Counsel

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/s/ Xue F. Connelly

Wade, Grimes, Friedman, Meinken & Leischner, P.L.L.C.

Gregory M. Wade (Va. Bar No. 16116)

Xue F. Connelly (Va Bar No. 93443)

616 N. Washington St.

Alexandria, VA 22314

(703) 836-9030 (phone)

(703) 683-1543 (fax)

wade@oldtownlawyers.com

connelly@oldtownlawyers.com

Counsel for Debtor

CERTIFICATE OF SERVICE

I hereby certify that this 12th day of July 2019 a copy of the foregoing was served 

through the court’s ECF system on all registered ECF participants who have appeared in this 

case, and via first class mail, postage prepaid, on the following:

Dinh Ngo, Esq.

McCabe, Weisberg, & Conway LLC 

312 Marshall Avenue Suite 800 

Laurel MD 20707 

Office of the U.S. Trustee

1725 Duke Street, Suite 650

Alexandria, VA 22314

Thomas P. Gorman

Chapter 13 Trustee

300 N. Washington St., Suite 400

Alexandria, VA 22314

/s/ Xue F. Connelly

Xue F. Connelly

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