UNITED STATES BANKRUPTCY COURT 

 EASTERN DISTRICT OF VIRGINIA 

 Alexandria Division 

In Re: 

LINDA MARIE CARTER, 

 Chapter 7 

Debtor. Case No: 18-10427-BFK 

 RESPONSE TO TRUSTEE'S MOTION TO APPROVE THE SALE OF REAL PROPERTY 

 NOW COMES The Bank of New York Mellon fka The Bank of New York, successor 

Indenture Trustee to JPMorgan Chase Bank, N.A., as Indentured Trustee for the CWHEQ 

Revolving Home Equity Loan Trust, Series 2005-K ("The Bank of New York Mellon"), a creditor 

herein, and submits the following in response to the Trustee's Motion to Approve the Sale of Real 

Property (“Trustee’s Motion”) filed herein on March 1, 2019: 

1. That The Bank of New York Mellon is the beneficiary of a Deed of Trust lien on 

certain real property and improvements owned by the Debtor herein commonly known as 43336 

Vestals Pl, Leesburg, VA 20176-8418 which the Trustee seeks to sell during the pendency of this 

case (the "Property"). 

2. That the Trustee’s Motion alleges that a contract for sale has been entered into 

relative to the proposed sale for a gross sale price of $875,000.00. 

Robyn D. Pepin, VSB #77784 

John J. Chappell, III, VSB #88617 

Glasser and Glasser, P.L.C. 

Crown Center, Suite 600 

580 East Main Street 

Norfolk, Virginia 23510 

757-625-6787 

Attorneys for The Bank of New York Mellon fka The Bank of New York, Successor Indentured Trustee to 

JPMorgan Chase Bank, N.A., as Indentured Trustee for the CWHEQ Revolving Home Equity Loan Trust, 

Series 2005-K 

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3. That while The Bank of New York Mellon does not oppose an attempt by the 

Trustee to sell the aforementioned real property and improvements, The Bank of New York Mellon 

submits that the Trustee's Motion can only be approved upon the condition that the sale and closing 

comply with all terms and conditions outlined within the letter dated February 8, 2019, which 

letter provides for conditional approval of the proposed short sale of the Property and is identified 

as "Exhibit C" of the Trustee's Motion (the "Short Sale Approval Letter"). 

WHEREFORE, The Bank of New York Mellon, a secured creditor herein, by undersigned 

counsel, moves that the Trustee's Motion to Approve the Sale of Real Property only be approved 

upon the condition that the sale and closing comply with all terms and conditions outlined within 

the Short Sale Approval Letter; that as provided for in the Short Sale Approval Letter, The Bank 

of New York Mellon be permitted to void such approval if all terms and conditions outlined within 

the Short Sale Approval Letter are not met; and for such other and further relief as this Honorable 

Court deems appropriate. 

 

THE BANK OF NEW YORK MELLON,FKA 

THE BANK OF NEW YORK, SUCCESSOR 

INDENTURE TRUSTEE TO JPMORGAN 

CHASE BANK, N.A., AS INDENTURED 

TRUSTEE FOR THE CWHEQ REVOLVING 

HOME EQUITY LOAN TRUST, SERIES 

2005-K 

By /s/ Robyn D. Pepin__________ 

Of Counsel 

 

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 CERTIFICATE OF SERVICE 

I hereby certify that on March 12, 2019, a true copy of the foregoing Response was 

submitted for electronic transmittal to Janet M. Meiburger, Trustee, and was mailed, first class, 

postage prepaid, to Janet M. Meiburger, Trustee, at 1493 Chain Bridge Road, Ste 201, McLean, 

VA 22101 and to Linda Marie Carter, Debtor, at 43336 Vestals Place, Leesburg, VA 20176. 

/s/ Robyn D. Pepin 

Robyn D. Pepin, VSB #77784 

John J. Chappell, III, VSB #88617 

Glasser and Glasser, P.L.C. 

Case 18-10427-BFK Doc 73 Filed 03/12/19 Entered 03/12/19 17:15:19 Desc Main

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