BWW#:VA-324518

___________________________ 

Kyle T. Libby, VSB# 82346 

8100 Three Chopt Rd. 

Suite 240 

Richmond, VA 23229 

(804) 282-0463(Phone)

Attorney for the Movant

UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA

Alexandria Division 

IN RE: 

MAURICIO A. LOPEZ 

PAULA J DE LA CRUZ BOROR 

Debtors 

_______________________________ 

PENNYMAC LOAN SERVICES, LLC 

Movant 

v. 

MAURICIO A. LOPEZ 

PAULA J DE LA CRUZ BOROR 

Debtors/Respondents 

and 

DONALD F. KING 

Trustee/Respondent 

Case No. 17-14076-KHK 

Chapter 7 

MOTION FOR RELIEF FROM AUTOMATIC STAY 

PennyMac Loan Services, LLC (“Movant”) hereby moves this Court, pursuant to 11 

U.S.C. § 362, for relief from the automatic stay, with respect to certain real property of the 

Debtors having an address of 14686 Fox Glove CT, Woodbridge, VA 22193 (the “Property”), 

for all purposes allowed by the Note (defined below), the Deed of Trust (defined below), and 

applicable law, including but not limited to the right to foreclose. In further support of this 

Motion, Movant respectfully states: 

1. The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 1334 & 157.

2. A petition under Chapter 13 of the United States Bankruptcy Code was filed with

respect to the Debtors on December 1, 2017. An order converting the case to a case under 

Chapter 7 was entered on November 6, 2018. 

3. Mauricio A Lopez has executed and delivered or is otherwise obligated with

respect to that certain promissory note in the original principal amount of $223,870.00 (the 

“Note”). A copy of the Note is attached hereto. Movant is an entity entitled to enforce the Note. 

4. Pursuant to that certain Deed of Trust (the “Deed of Trust”), all obligations

(collectively, the “Obligations”) of the Debtors under and with respect to the Note and the Deed 

of Trust are secured by the Property. The lien created by the Deed of Trust was perfected by 

recording of the Deed of Trust in the office of the Clerk of the Circuit Court of Prince William 

County, Virginia. A copy of the recorded Deed of Trust is attached hereto. 

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5. The legal description of the Property is:

6. As of December 18, 2018, the outstanding amount of the Obligations due to the

Movant, less any partial payments or suspense balance is: 

Unpaid Principal Balance $216,005.31

Unpaid, Accrued Interest $2,962.86

Uncollected Late Charges $92.08

Mortgage Insurance Premiums $149.59

Taxes and Insurance Payments on behalf of Debtors $835.71

Other Costs $0.00

Less: Partial Payments ($1,153.29)

Minimum Outstanding Obligations $218,892.26

7. The following chart sets forth the number and amount of contractual payments

due pursuant to the terms of the Note that have been missed by the Debtor as of December 18, 

2018: 

Number of 

Missed 

Payments 

From To Monthly 

Payment 

Amount 

Total Missed 

Payments

3 10/01/2018 12/01/2018 $1,636.21 $4,908.63 

Less contractual partial payments (suspense balance): ($1,153.29) 

Total Contractual Payments: $3,755.34

8. In addition to the other amounts due to Movant reflected in this Motion, as of the

date hereof, in connection with seeking the relief requested in this Motion, Movant has also 

incurred $750.00 in legal fees and $181.00 in costs. 

9. The estimated value of the Property is $225,000.00. The basis for such valuation

is the Debtor`s Schedules. 

10. Cause exists for relief from the automatic stay for the following reasons:

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a. Movant's interest in the Property is not adequately protected. The Debtors

have failed to make required contractual payments. 

b. Pursuant to 11 U.S.C. § 362(d)(2)(A), Debtors have no equity in the

Property (assuming a 10 percent cost of sale); and pursuant to § 362(d)(2)(B), the Property is not 

necessary for an effective reorganization. 

WHEREFORE, Movant prays that this Court issue an Order terminating or modifying the 

stay and granting the following: 

1. Relief from the stay for all purposes allowed by the Note, the Deed of Trust, and

applicable law, including but not limited to allowing Movant (and any successors or assigns) to 

proceed under applicable non-bankruptcy law to enforce its remedies to foreclose upon and 

obtain possession of the Property. 

2. That the 14-day stay described by Bankruptcy Rule 4001(a)(3) be waived.

3. For such other relief as the Court deems proper.

Dated: December 21, 2018

Respectfully Submitted, 

_________________________

Kyle T. Libby, VSB# 82346 

BWW Law Group, LLC 

8100 Three Chopt Rd. 

Suite 240 

Richmond, VA 23229 

(804) 282-0463 (phone) 

(804) 282-0541 (facsimile) 

bankruptcy@bww-law.com 

Attorney for the Movant 

/s/ Kyle T. Libby

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CERTIFICATE OF SERVICE

I certify that on this 21st day of December, 2018, the following person(s) were or will be 

served with a copy of the foregoing Motion for Relief from Automatic Stay electronically via the 

CM/ECF system or by first class mail, postage prepaid: 

Donald F. King, Trustee 

1775 Wiehle Avenue, Suite 400 

Reston, VA 20190 

Leon S. Demsky, Esq. 

2300 Clarendon Blvd. #700 

Arlington, VA 22201-3321 

Mauricio A. Lopez 

14686 Fox Glove Court 

Woodbridge, VA 22193 

Paula J De La Cruz Boror 

14686 Fox Glove Court 

Woodbridge, VA 22193 

Paula J De La Cruz Boror 

12515 Gordon Blvd #110 

Woodbridge, VA 22192 

Kyle T. Libby

/s/ Kyle T. Libby

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