Gregory N. Britto, Esquire VSB #23476

Malcolm B. Savage, III, Esquire VSB #91050

William M. Savage, Esquire VSB #26155

Thomas J. Gartner, Esquire VSB #79340

Mary F. Balthasar Lake, Esquire VSB #34899

Nicole McKenzie, Esquire VSB #93990

SHAPIRO & BROWN, LLP 

501 Independence Parkway, Suite 203

Chesapeake, Virginia 23320

(703) 449-5800 18-279059

United States Bankruptcy Court

Eastern District of Virginia

Newport News Division

IN RE:

BARBARA ANN COLEMAN 

Debtor

BCN#: 18-50821-FJS

Chapter: 13

ABS REO Trust V

Movant/Secured Creditor,

v.

BARBARA ANN COLEMAN 

Debtor

and

MICHAEL P. COTTER

Trustee

Respondents

Order Lifting Automatic Stay

This matter having come before the Court on the Motion of this Secured Creditor for 

Relief from Stay;

IT IS ORDERED, that the automatic stay imposed by 11 U.S.C. §362(a) is lifted, as to 

ABS REO Trust V, holder of a certain promissory Note evidencing an indebtedness as of August 

29, 2019, in the original principal amount of $23,191.55, secured by a first priority the lien of a 

Deed of Trust, encumbering real property known as 492 England Ave, Hampton, VA 23669,

recorded among the Land Records of the City of Hampton as Instrument Number 070024078. 

The land encumbered by the Deed of Trust and referenced herein below:

Parcel I:

All that certain lot, piece or parcel of land lying, being and situate in the City of Hampton 

(formerly known as Wythe Magisterial District, Elizabeth City County), Virginia, being 

the southerly one-half, from front to rear of Lot No. Six (6), Block "A," as shown on that 

Case 18-50821-FJS Doc 39 Filed 09/25/19 Entered 09/25/19 10:46:00 Desc Main

 Document Page 1 of 5
certain map or plat entitled, "JOHN L. HUTTON'S LAND," made by Girard Chambers 

and Son, Civil Engineers, dated November 16, 1935, and of record in the Office of the 

Clerk of the Circuit Court of Hampton (formerly Elizabeth City County), Virginia, in 

Deed Book 93, page 66.

Parcel II:

All that certain lot, piece or parcel of land lying, being and situate in the City of Hampton 

(formerly known as Wythe Magisterial District, Elizabeth City County), Virginia, 

numbered and designated as Lot No. Five (5), Block No. "A," as shown on a certain map 

or plat entitled, "JOHN L. HUTTON'S LAND," made by Girard Chambers and Son, C.E., 

dated November 16, 1935, and of record in the Office of the Clerk of the Circuit Court of 

Hampton (formerly Elizabeth City County), Virginia, in Deed Book 93, page 66.

Street Address (for identification, but not insurance purposes): 492 England Avenue, 

Hampton, VA 23669

IT IS FURTHER ORDERED, that such relief shall extend to the purchaser at the 

foreclosure sale to allow the purchaser to take such action under state law as necessary; and

IT IS FURTHER ORDERED, that the Trustee shall be relieved from the obligation of 

making any further payments upon the secured claim filed by ABS REO Trust V; and

IT IS FURTHER ORDERED, that F.R.B.P. 4001(a)(3) is not applicable to the case at 

hand and the noteholder may immediately enforce and implement this Order granting relief from 

the automatic stay; and

IT IS FURTHER ORDERED, that nothing contained herein shall prohibit the noteholder 

from adding reasonable attorney's fees and costs incurred in this proceeding to the outstanding 

indebtedness in accord with the terms of the subject Deed of Trust and Note and applicable state 

law; and

IT IS FURTHER ORDERED, that subsequent to any foreclosure sale of the subject 

property conducted by noteholder, the Secured Creditor may take all lawful actions to take 

possession of the Subject Property;

IT IS FURTHER ORDERED, that the noteholder shall promptly notify the Chapter 13 

Trustee in writing of the results of any foreclosure of the subject deed and pay the Chapter 13 

Case 18-50821-FJS Doc 39 Filed 09/25/19 Entered 09/25/19 10:46:00 Desc Main

 Document Page 2 of 5
Trustee any excess funds received from such foreclosure sale, to be disbursed upon further order 

of the Court.

______________________ ___________________________________

Date The Honorable Judge Frank J. Santoro

United States Bankruptcy Judge

Notice of Judgment or 

Order Entered on Docket:________________

I ask for this:

/s/ Nicole McKenzie

Gregory N. Britto, Esquire

William M. Savage, Esquire

Malcolm B. Savage, III, Esquire

Thomas J. Gartner, Esquire

Mary F. Balthasar Lake, Esquire

Nicole McKenzie, Esquire

Counsel for Movant

Seen; Agreed:

Debtor(s)’ Attorney Certification: By signing below, I certify that I have discussed or otherwise 

made the Debtor(s) aware of the terms of this order and they have agreed to said terms as 

outlined herein.

/s/ Charles G. Havener

______________________________

Charles G. Havener, Haven Law Group P.C., Counsel for Debtor(s)

Seen:

/s/ Warren A. Uthe, Jr.

____________________________________

Warren A. Uthe, Jr., Staff Attorney for the Trustee 

Sep 25 2019 /s/ Frank J. Santoro

Sep 25 2019

Case 18-50821-FJS Doc 39 Filed 09/25/19 Entered 09/25/19 10:46:00 Desc Main

 Document Page 3 of 5
I certify that I have served the proposed Order upon all necessary parties to the action by first 

class mail, postage prepaid, on the 24th day of September, 2019.

/s/ Nicole McKenzie

Gregory N. Britto, Esquire

William M. Savage, Esquire

Malcolm B. Savage, III, Esquire

Thomas J. Gartner, Esquire

Mary F. Balthasar Lake, Esquire

Nicole McKenzie, Esquire

Counsel for Movant

Copies are to be sent to::

Shapiro & Brown, LLP

501 Independence Parkway, Suite 203

Chesapeake, Virginia 23320

Charles G. Havener

Haven Law Group P.C.

2021 Cunningham Drive

Suite 310

Hampton, VA 23666

Michael P. Cotter

870 Greenbrier Circle, Suite 402

Chesapeake, VA 23320

Barbara Ann Coleman

492 England Ave

Hampton, VA 23669

Case 18-50821-FJS Doc 39 Filed 09/25/19 Entered 09/25/19 10:46:00 Desc Main

 Document Page 4 of 5
CERTIFICATION

Pursuant to Local Rule 9022-1(C), I hereby certify that all necessary parties have 

endorsed the above order.

/s/ Nicole McKenzie

Gregory N. Britto, Esquire

William M. Savage, Esquire

Malcolm B. Savage, III, Esquire

Thomas J. Gartner, Esquire

Mary F. Balthasar Lake, Esquire

Nicole McKenzie, Esquire

Attorney for Movant

18-279059

Case 18-50821-FJS Doc 39 Filed 09/25/19 Entered 09/25/19 10:46:00 Desc Main

 Document Page 5 of 5