S&B# 19-281074 

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

IN RE:

CATHY MICKENS

Debtor 

Address: 2621 Reba Court

Glen Allen, VA 23060

Last four digits of Social Security No.(s): XXX-XX-2707

BCN #: 19-31323-KLP

Chapter: 7

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, 701 East Broad Street, 

Room 4000, Richmond, VA 23219-3515, 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: July 24, 2019 at 9:00 

AM in Courtroom 5100, United States Bankruptcy Court, 701 East Broad Street, Richmond, VA 

23219. 

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S&B# 19-281074 

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.

SHAPIRO & BROWN, LLP Dated: June 26, 2019

ATTORNEYS FOR THE MOVANT

/s/ Nicole McKenzie_______________

BY: 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

Renee Dyson, Esquire, VSB #93282

Nicole McKenzie, Esquire, VSB #93990

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 26th day of June, 2019, electronically transmitted and/or mailed 

by first class mail, postage pre-paid, a true copy of the foregoing Notice of Motion to the 

following:

Boleman Law Firm, P.C.

P.O. Box 11588

Richmond, VA 23230

ROY M. TERRY, JR.

P.O. BOX 2188

RICHMOND, VA 23218-2188

Cathy Mickens

2621 Reba Court

Glen Allen, VA 23060

/s/ Nicole McKenzie

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

Renee Dyson, Esquire, VSB #93282

Nicole McKenzie, Esquire, VSB #93990

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S&B# 19-281074

United States Bankruptcy Court

Eastern District of Virginia

Richmond Division

In Re: 

Cathy Mickens 

Debtor

BCN#: 19-31323-KLP

Chapter: 7

Nationstar Mortgage LLC d/b/a Mr. Cooper

or present noteholder,

Movant/Secured Creditor, Motion for Order Granting Relief from 

v. Automatic Stay under 11 USC §362

Cathy Mickens 

Debtor

and

ROY M. TERRY, JR. 

Trustee

Respondents

Nationstar Mortgage LLC d/b/a Mr. Cooper, 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 7 Petition in Bankruptcy with this 

Court on March 13, 2019.

3. That ROY M. TERRY, JR. has been appointed by this Court as the Chapter 7 

Trustee in this instant Bankruptcy proceeding.

4. Movant, Nationstar Mortgage LLC d/b/a Mr. Cooper, is the current holder of the 

Subject Note secured by the subject Deed of Trust. The original Deed of Trust holder was 

Nationstar Mortgage LLC d/b/a Mr. Cooper, with Mortgage Electronic Registration Systems, 

Inc., as beneficiary, solely as nominee for the Lender. The beneficial interest in the aforesaid 

Deed of Trust has been assigned to the Movant as evidenced by the Assignment dated June 10, 

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S&B# 19-281074

2019. The Note was originated by Nationstar Mortgage LLC d/b/a Mr. Cooper. A copy of the 

Assignment, Deed of Trust, and Note are attached hereto and incorporated herein by reference.

5. That the subject Mortgage secures a parcel of real property (hereinafter “the 

Property”) with the address of 11443 145Th Street, Jamaica, NY 11436 and more particularly 

described in the Mortgage dated September 4, 2018 and recorded as Deed Instrument Number 

2018000315903 among the land records of the said city/county, as:

ALL that certain plot, piece or parcel of land, situate, lying, and being in the 

Fourth Ward of the Borough and County of Queens, City and State of New York, 

bounded and described as follows:

BEGINNING at a point on the easterly side of 145th Street, distant 299 feet 10 

inches southerly from the corner formed by the intersection of the easterly side of 

145th Street with the southerly side of 114th Avenue;

RUNNING THENCE easterly and parallel with the southerly side of 114th 

Avenue and part of the distance through a party wall, 100 feet;

THENCE southerly and parallel with the easterly side of 145th Street, 14 feet 2 

inches;

THENCE westerly and again parallel with the southerly side of 114th Avenue and 

again part of the distance through a party wall, 100 feet;

THENCE northerly along the easterly side of 145th Street, 14 feet 2 inches to the 

point or place of BEGINNING.

6. 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.

7. That the Debtor is in default with regard to payments which have become due 

under the terms of the Note and Mortgage. 

As of June 19, 2019 the Debtor is due for:

o 4 monthly payments from January 2019 through April 2019 of $1,896.46 each 

which were to be paid directly to Movant;

o 2 monthly payments from May 2019 through June 2019 of $1,939.20 each which 

were to be paid directly to Movant;

o Bankruptcy Fees of $750.00

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S&B# 19-281074

o Bankruptcy Costs of $181.00

8. That the Movant has elected to initiate foreclosure proceedings on the Property 

with respect to the Mortgage, but is prevented by the Automatic Stay from going forward with 

these proceedings.

9. 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.

10. That the Movant has requested that the Court hear this matter on July 24, 2019 at 

9:00 AM.

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S&B# 19-281074

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 Mortgage, 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: June 26, 2019

ATTORNEYS FOR THE MOVANT

/s/ Nicole McKenzie__________________

BY: 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

Renee Dyson, Esquire

VSB #93282

Nicole McKenzie, Esquire

VSB #93990

SHAPIRO & BROWN, LLP

501 Independence Parkway, Suite 203

Chesapeake, Virginia 23320

(703) 449-5800

VABECF@logs.com

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S&B# 19-281074

Certificate of Service

I certify that I have this 26th day of June, 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. 

Veronica D. Brown-Moseley

Boleman Law Firm, P.C.

P.O. Box 11588

Richmond, VA 23230

ROY M. TERRY, JR.

P.O. BOX 2188

RICHMOND, VA 23218-2188

Cathy Mickens

2621 Reba Court

Glen Allen, VA 23060

/s/ Nicole McKenzie

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

Renee Dyson, Esquire

VSB #93282

Nicole McKenzie, Esquire

VSB #93990

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