John B. Connor, VSB 16801 

John B. Connor, P.L.C. 

1033 North Fairfax Street, Suite 310 

Alexandria, VA 22314 

Telephone: (703) 836-9770 

Facsimile: (703) 836-1799 

E-Mail: jack@johnbconnor.com

Counsel for Middleburg Bank 

 IN THE UNITED STATES BANKRUPTCY COURT 

 FOR THE EASTERN DISTRICT OF VIRGINIA 

 Alexandria Division 

______________________________ 

 ) 

IN RE: ) CASE NO. 16-11220-BFK 

 ) 

X K SPORTS, LLC ) Chapter 11 

 ) 

 Debtor ) 

______________________________) 

MIDDLEBURG BANK ) 

 ) 

 Plaintiff ) 

 ) 

v. ) 

 ) 

X K SPORTS, LLC ) 

 ) 

 Defendant, ) 

 ) 

And ) 

 ) 

JUDY A. ROBBINS ) 

TRUSTEE ) 

 ) 

 Defendant ) 

 MOTION FOR RELIEF FROM THE AUTOMATIC STAY 

 COMES NOW, Middleburg Bank, a Virginia state-chartered financial institution 

(“Bank”), by counsel, and pursuant to 11 U.S.C. §362(d) of the Bankruptcy Code, hereby 

moves this Honorable Court to grant it relief from the automatic stay herein to permit Bank 

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to enforce its liens against property of the Debtor, and in support of the Motion states as 

follows: 

1. That this is a proceeding seeking relief from the automatic stay and is a 

contested matter pursuant to Bankruptcy Rules 4001 and 9014, and this matter is a core 

proceeding and that this Court has jurisdiction properly founded upon 28 U.S.C. 157 and 

1334. 

2. XK Sports, LLC (“Debtor”), filed on April 5, 2016 a petition for relief 

under Chapter 11 of the Bankruptcy Code. 

3. Loudoun Gymnastics Center, Inc. is obligated to Bank pursuant to a 

Promissory Note dated August 3, 2005, in the original principal amount of Seven Hundred 

Fifty-Seven Thousand Five Hundred Dollars ($757,500.00), as modified by Change in 

Terms Agreement dated February 3, 2006, further modified by Change in Terms 

Agreement dated May 3, 2006, further modified by Change in Terms Agreement dated 

November 3, 2006, made by Loudoun Gymnastics Center, Inc. and fully and 

unconditionally guaranteed by Xiaokui Ma and Ping Wang (collectively the “First Note”) 

and other loan documents (the “First Loan Documents”). 

4. The Bank is owed a principal amount of Five Hundred Fifty-Four Thousand 

Eight Hundred Twenty-One and 59/100ths Dollars ($554,821.59), plus accrued interest, 

costs and fees in accordance with the terms of the First Note. 

5. The First Note is secured by a Credit Line Deed of Trust dated August 3, 

2005 in the original principal amount of Seven Hundred Fifty-Seven Thousand Five 

Hundred Dollars ($757,500.00), recorded as Instrument Number 20050804-0086750 and 

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corrected and re-recorded as Instrument Number 20051101-0123923 among the land 

records of Loudoun County, Virginia (the “First Trust”). 

6. The First Note is further secured by Assignment of Rents dated August 3, 

2005 recorded as Instrument Number 20050804-0086751 and corrected and re-recorded as 

Instrument Number 20051101-0123924 among the land records of Loudoun County, 

Virginia (the “First Assignment”). 

7. The First Trust and the First Assignment are secured by property owned by 

the Debtor known as 21586 Atlantic Blvd., Unit 130, Sterling, VA, and is more 

particularly described as: 

Unit No. 130, Building A, STEEPLECHASE CENTER, A 

CONDOMINIUM, and the limited common elements appurtenant thereto, 

including limited common element parking space(s) 112-122, 185-193, 

established by condominium instruments recorded July 14, 2005 as 

Instrument No. 20050714-0075456, with plat recorded as Instrument No. 

20050714-0075457, amended by Instrument No. 20050714-0075466 and 

any supplemental declarations and/or amendments recorded subsequent 

thereto, among the land records of Loudoun County, Virginia. 

TOGETHER WITH an undivided percentage interest appurtenant to the 

Unit in all common elements of said project, as described in Declaration 

and subsequent amendments. 

TOGETHER WITH the right of ingress and egress to and from said 

property, and the right to use, for all proper purposes, in common with the 

Declarant, its successors and assigns and all other occupants from time-totime, any and all portions of the Condominium’s General Common 

Elements as designated by statute. 

SUBJECT TO the reservations, restrictions on use and all covenants and 

obligations set forth in said Declaration, recorded as Instrument No. 

20050714-0075456, and any/all subsequent amendments thereto, among 

the said land records, and set forth in the Bylaws of the Unit Owners 

Association attached thereto, as they may be amended from time-to-time, 

all of which restrictions, conditions, assessments and all other covenants 

are incorporated herein by reference and which shall be binding on said 

Grantee(s) and their successors, heirs and assigns (the “Property”). 

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8. XK Sports LLC. is obligated to Bank pursuant to a Promissory Note dated 

October 24, 2011, in the original principal amount of Seven Hundred Thirty-Six Thousand 

Dollars ($736,000.00), made by XK Sports LLC and fully and unconditionally guaranteed 

by Xiaokui Ma and Ping Wang (collectively the “Second Note”) and other loan documents 

(the “Second Loan Documents”). 

9. The Bank is owed a principal amount of Five Hundred Seventy-One 

Thousand Seven Hundred Thirty-Four and 04/100ths Dollars ($571,734.04), plus accrued 

interest, costs and fees in accordance with the terms of the Second Note. 

10. The Second Note is secured by a Deed of Trust dated October 24, 2011 in 

the original principal amount of Seven Hundred Thirty-Six Thousand Dollars 

($736,000.00), recorded as Instrument Number 20111025-0065797 among the land records 

of Loudoun County, Virginia (the “Second Trust”). 

11. The Second Trust is secured by property owned by the Debtor known as 

21586 Atlantic Blvd., Unit 130, Sterling, VA, and is more particularly described as: 

All that certain lot or parcel of land lying and being situate in the County 

of Loudoun, State of Virginia and more particularly described as follows: 

Unit Number 130, Building A, STEEPLECHASE CENTER, A 

CONDOMINIUM, and the limited common elements appurtenant thereto, 

including parking space(s) 112-122, 185-193, established by 

condominium instruments recorded on July 14, 2005 as Instrument 

Number 200507140075456, with plat recorded as Instrument Number 

200507140075457, amended by Instrument Number 200507140075466 

and any supplemental declarations and/or amendments recorded 

subsequent thereto, among the land records of Loudoun County, Virginia 

(the “Property”). 

12. The First Note and the Second Note are in default and default was declared 

on April 1, 2016 by the Bank. 

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13. Loudoun County has currently assessed the Property for a land value of 

Two Hundred Forty-Six Thousand Two Hundred Dollars ($246,200.00), a building value 

of Nine Hundred Thirty-Five Thousand Four Hundred Seventy Dollars ($935,470.00), for 

a total assessed value of One Million One Hundred Eighty-One Thousand Six Hundred 

Seventy Dollars ($1,181,670.00). 

14. The Debtor has valued the Property in its Schedules as having a value of 

One Million Three Hundred Thousand Dollars ($1,300,000.00). 

15. The Bank’s interest in the Property is not adequately protected. 

WHEREFORE, all parties served with this Motion are hereby advised pursuant to 

L.R. 4001(a)-1 that a written response to this Motion must be filed with the Clerk of the 

United States Bankruptcy Court and served on the undersigned counsel for Bank within 

fourteen (14) days of the date of service of this Motion, and Bank does further pray that 

this Court grant it relief from the automatic stay pursuant to 11 U.S.C. 362(d) to permit it 

to enforce its lien rights in the First Trust and the Second Trust and foreclose against the 

Property, and that Bank have such other and further relief as this Court may deem just. 

 MIDDLEBURG BANK 

 By Counsel 

/s/ John B. Connor 

John B. Connor, (VSB #16801) 

JOHN B. CONNOR, PLC 

1033 North Fairfax Street, Suite 310 

Alexandria, Virginia 22314 

Telephone: (703) 836-9770 

Facsimile: (703) 836-1799 

E-Mail: jack@johnbconnor.com 

Counsel for Middleburg Bank 

 

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CERTIFICATE OF SERVICE

 I hereby certify that a true copy of the foregoing Middleburg Bank’s Motion for Relief 

from the Automatic Stay was mailed first class, postage prepaid, this 26th day of May 2016 to: 

X K Sports, LLC 

c/o XiaoKui Ma 

43096 Unison Knoll Circle 

Ashburn, VA 20148 

(Debtor) 

Thomas F. DeCaro, Jr. 

14406 Old Mill Road, #201 

Upper Marlboro, MD 20772 

(Counsel for Debtor) 

Bradley David Jones 

Office of the U.S. Trustee 

115 South Union Street, Room 210 

Alexandria, VA 22314 

(Counsel for Chapter 11 Trustee) 

Daily Law PC, a Virginia 

professional corporation 

10964 Inspiration Point Place 

Manassas, VA 20112 

(Substitute Trustee) 

 /s/ John B. Connor 

 John B. Connor 

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