S&B# 16-262114 

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

ALEXANDRIA DIVISION

IN RE:

SIAMAK LOGHMANI

Debtor 

Address: 4801 Christie Jane Ln

Fairfax, VA 22030

Last four digits of Social Security No.(s): XXX-XX-2986

BCN #: 18-10781-KHK

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, 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: June 27, 2018 at 9:30 

AM in Courtroom II, United States Bankruptcy Court, 200 South Washington Street, Alexandria, 

VA 22314. 

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.

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S&B# 16-262114 

SHAPIRO & BROWN, LLP Dated: May 29, 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 29th day of May, 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:

Nathan A Fisher

Fisher-Sandler, LLC

3977 Chain Bridge Road, #2

Fairfax, VA 22030

Thomas P. Gorman

300 N. Washington St. Ste. 400

Alexandria, VA 22314

Siamak Loghmani

4801 Christie Jane Ln

Fairfax, VA 22030

/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# 16-262114

United States Bankruptcy Court

Eastern District of Virginia

Alexandria Division

In Re: 

SIAMAK LOGHMANI 

Debtor

BCN#: 18-10781-KHK

Chapter: 13

DEUTSCHE BANK TRUST COMPANY 

AMERICAS, AS TRUSTEE FOR 

RESIDENTIAL ACCREDIT LOANS, 

INC., MORTGAGE ASSET-BACKED 

PASS-THROUGH CERTIFICATES, 

SERIES 2006-QO6

Movant/Secured Creditor,

Motion for Order Granting Relief from 

Automatic Stay under 11 USC §362

v.

Siamak Loghmani 

Debtor

and

Thomas P. Gorman 

Trustee

Respondents

DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE FOR 

RESIDENTIAL ACCREDIT LOANS, INC., MORTGAGE ASSET-BACKED PASSTHROUGH CERTIFICATES, SERIES 2006-QO6, 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 March 6, 2018.

3. That Thomas P. Gorman 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 4801 Christie Jane Ln, Fairfax, VA 22030 and more particularly 

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S&B# 16-262114

described in the Deed of Trust dated May 25, 2006 and recorded as Deed Book 18598, Page 

1969 among the land records of the said city/county, as:

LOT 74, HEATHERBROOK, AS THE SAME IS DULY DEDICATED, 

PLATTED AND RECORDED IN DEED BOOK 13364, PAGE 1020, AMONG 

THE LAND

RECORDS ON 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 Debtor.

6. 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 May 22, 2018, the Debtor is due for:

o 2 post-petition monthly payments from April 2018 through May 2018 of 

$4,169.70 each which were to be paid directly to Movant;

o Bankruptcy Fees of $850.00

o Bankruptcy Costs of $181.00

o Suspense Balance of -$3,800.00

7. A Proof of Claim for pre-petition arrears was filed with this Court on Movant’s 

behalf on May 11, 2018, in the amount of $246,621.80.

8. Attached are redacted copies of any documents that support the claim, such as 

Promissory Notes, purchase order, invoices, itemized statements of running accounts, contracts, 

judgments, mortgages, and security agreements in support of right to seek a lift of the automatic 

stay and foreclose if necessary.

9. 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.

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S&B# 16-262114

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 June 27, 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: May 29, 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# 16-262114

Certificate of Service

I certify that I have this 29th day of May, 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. 

Nathan A Fisher

Fisher-Sandler, LLC

3977 Chain Bridge Road, #2

Fairfax, VA 22030

Thomas P. Gorman

300 N. Washington St. Ste. 400

Alexandria, VA 22314

Siamak Loghmani

4801 Christie Jane Ln

Fairfax, VA 22030

/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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