S&B# 17-268374 

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

IN RE:

SARAH LYNNE WRIGHT

Debtor 

Address: 4918 Banbridge Court

Richmond, VA 23228

Last four digits of Social Security No.(s): XXX-XX-4223

BCN #: 17-36259-KRH

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 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, 701 East Broad Street, 

Room 4000, Richmond, VA 23219-3515, 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: May 16, 2018 at 11:00 

AM in Courtroom 5000, United States Bankruptcy Court, 701 East Broad Street, Richmond, VA 

23219. 

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S&B# 17-268374 

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: April 25, 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 25th day of April, 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:

JAMES H. WILSON, JR.

4860 COX ROAD

SUITE 200

GLEN ALLEN, VA 23060

Carl M. Bates

P. O. Box 1819

Richmond, VA 23218

Sarah Lynne Wright

4918 Banbridge Court

Richmond, VA 23228

/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# 17-268374

United States Bankruptcy Court

Eastern District of Virginia

Richmond Division

In Re: 

Sarah Lynne Wright 

Debtor

BCN#: 17-36259-KRH

Chapter: 13

DLJ Mortgage Capital, Inc.

or present noteholder,

Movant/Secured Creditor, Motion for Order Granting Relief from 

v. Automatic Stay under 11 USC §362

Sarah Lynne Wright 

Debtor

and

Carl M. Bates 

Trustee

Respondents

Select Portfolio Servicing, Inc., as servicing agent for DLJ Mortgage Capital, Inc., 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 Debtor filed a Chapter 13 Petition in Bankruptcy with this 

Court on December 20, 2017.

3. That Carl M. Bates 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 4918 Banbridge Court, Richmond, VA 23228 and more 

particularly described in the Deed of Trust dated December 13, 2007 and recorded as Deed Book 

4449, Page 0874 among the land records of the said city/county, as:

ALL that certain lot, piece, or parcel of land with improvements thereon and 

appurtenances thereto belonging lying and being in Brookland District, Henrico 

County, Virginia, designated as Lot 28, Block A, Forest Green II of Shannon 

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S&B# 17-268374

Green, Section 11, all as more particularly shown on plat of survey made by 

Bodie, Taylor & Puryear, Inc.; dated March 7, 1985, recorded May 7, 1985, in the 

Clerk's Office, Circuit Court, Henrico County, Virginia, in Plat book 81, pages 32 

and 33, and to which plat reference is hereby made for a more particular 

description.

5. The entity which has the right to foreclose is: DLJ Mortgage Capital, Inc. 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.

7. That the Debtor is in default with regard to payments which have become due 

under the terms of the Note and Deed of Trust since the filing of the Chapter 13 petition. 

As of April 18, 2018, the Debtor is due for:

o 3 post-petition monthly payments from February 2018 through April 2018 of 

$1,486.92 each which were to be paid directly to Movant;

o Suspense Balance of -$878.31

8. That as of April 18, 2018, the principal balance on the said Note is $182,573.39.

9. That the 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.

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.

11. 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.

12. That the Movant has requested that the Court hear this matter on May 16, 2018 at 

11:00 AM.

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S&B# 17-268374

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: April 25, 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# 17-268374

Certificate of Service

I certify that I have this 25th day of April, 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. 

JAMES H. WILSON, JR.

4860 COX ROAD

SUITE 200

GLEN ALLEN, VA 23060

Carl M. Bates

P. O. Box 1819

Richmond, VA 23218

Sarah Lynne Wright

4918 Banbridge Court

Richmond, VA 23228

/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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