S&B# 18-276414 

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

ALEXANDRIA DIVISION

IN RE:

DAGMAR I KERN

AND

HANS P KERN

Debtors 

Address: 15238 Louis Mill Dr

Chantilly, VA 20151-1317

15238 Louis Mill Dr

Chantilly, VA 20151-1317

Last four digits of Social Security No.(s): XXX-XX-1031 and 

XXX-XX-1760

BCN #: 18-13273-BFK

Chapter: 7

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, 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: November 21, 2018 at 

9:30 AM in Courtroom I, United States Bankruptcy Court, 200 South Washington Street, 

Alexandria, VA 22314. 

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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: October 8, 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

Matthew Beddingfield, Esquire, VSB #87305

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 8th day of October, 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:

Robert R. Weed

Law Offices Of Robert Weed

1376 Old Bridge Rd

Suite 101-4

Woodbridge, VA 22192

H. Jason Gold

Nelson Mullins Riley & Scarborough LLP

101 Constitution Avenue, N.W. Suite 900

Washington, DC 20001

Dagmar I Kern

15238 Louis Mill Dr

Chantilly, VA 20151-1317

Hans P Kern

15238 Louis Mill Dr

Chantilly, VA 20151-1317

/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

Matthew Beddingfield, Esquire, VSB #87305

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S&B# 18-276414

United States Bankruptcy Court

Eastern District of Virginia

Alexandria Division

In Re: 

Hans P Kern and Dagmar I Kern 

Debtors

BCN#: 18-13273-BFK

Chapter: 7

Lehman XS Trust Mortgage Pass-Through 

Certificates, Series 2006-GP2, U.S. Bank 

National Association, as Trustee

Movant/Secured Creditor,

Motion for Order Granting Relief from 

Automatic Stay under 11 USC §362

v.

Dagmar I Kern and Hans P Kern 

Debtors

and

H. Jason Gold 

Trustee

Respondents

Lehman XS Trust Mortgage Pass-Through Certificates, Series 2006-GP2, U.S. Bank 

National Association, as Trustee, 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 Debtors filed a Chapter 7 Petition in Bankruptcy with this 

Court on September 27, 2018.

3. That H. Jason Gold has been appointed by this Court as the Chapter 7 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 15238 Louis Mill Dr, Chantilly, VA 20151 and more particularly 

described in the Deed of Trust dated March 27, 2006 and recorded as Deed Book 18339, Page 

2054 among the land records of the said city/county, as:

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S&B# 18-276414

LOT 206, SECTION THREE, PLEASANT VALLEY SUBDIVISION, AS THE 

SAME APPEARS DULY DEDICATED, PLATTED, AND RECORDED IN 

DEED BOOK 4963 AT PAGE 49, AMONG THE LAND RECORDS OF 

FAIRFAX COUNTY, VIRGINIA

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 Debtors.

6. That the Debtors are in default with regard to payments which have become due 

under the terms of the Note and Deed of Trust. 

As of October 2, 2108, the Debtors are due for:

o 6 monthly payments from April 2018 through September 2018 of $2,141.79 each 

which were to be paid directly to Movant;

o 1 monthly payments from October 2018 through October 2018 of $2,174.97 each 

which were to be paid directly to Movant;

o Bankruptcy Fees of $750.00

o Bankruptcy Costs of $181.00

7. 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.

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

belief, alleges that the Debtors have little or no equity in the property as there is a second Deed of 

Trust.

9. That the Movant is informed and believes that the Debtors intend to surrender the 

property based upon the Statement of Intentions filed September 27, 2018.

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.

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11. That the Movant has requested that the Court hear this matter on November 21, 

2018 at 9:30 AM.

WHEREFORE, Movant prays for an order granting relief from the 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.

SHAPIRO & BROWN, LLP Dated: October 8, 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

Matthew Beddingfield, Esquire

VSB #87305

SHAPIRO & BROWN, LLP

501 Independence Parkway, Suite 203

Chesapeake, Virginia 23320

(703) 449-5800

VABECF@logs.com

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S&B# 18-276414

Certificate of Service

I certify that I have this 8th day of October, 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. 

Robert R. Weed

Law Offices Of Robert Weed

1376 Old Bridge Rd

Suite 101-4

Woodbridge, VA 22192

H. Jason Gold

Nelson Mullins Riley & Scarborough LLP

101 Constitution Avenue, N.W. Suite 900

Washington, DC 20001

Dagmar I Kern

15238 Louis Mill Dr

Chantilly, VA 20151-1317

Hans P Kern

15238 Louis Mill Dr

Chantilly, VA 20151-1317

/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

Matthew Beddingfield, Esquire

VSB #87305

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