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UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

ALEXANDRIA DIVISION

In re: PAMELA H. WIGGINS : Case No. 18-13607-BFK

:

 DEBTOR. :

:

:

RONALD APOSTOLAKIS, :

Executor of the Estate of Genevieve Apostolakis :

:

PLAINTIFF, :

:

v. :

:

DONALD F. KING, TRUSTEE :

:

DEFENDANT. :

:

MOTION FOR RELIEF FROM THE AUTOMATIC STAY

COMES NOW, your Plaintiff, RONALD APOSTOLAKIS, Executor of the Estate of

Genevieve Apostolakis by and through the undersigned counsel, and pursuant to 11 U.S.C. § 

362,(a)(3) moves this Honorable Court for relief from the automatic stay and in support thereof 

states as follows:

1. On October 25, 2018, the Debtor filed for relief under Chapter 7 of the 

United States Bankruptcy Code.

2. Donald F. King was appointed the Chapter 7 Trustee.

3. On January 29, 2019, the Debtor received her discharge.

4. On May 23, 2019, the Trustee sent Request for Asset Notice.

5. Ronald Apostolakis, (“Ronald”) is brother of the Debtor.

6. Genevieve Apostolakis (“Genevieve”) is the mother of the Debtor and 

Ronald.

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7. Genevieve having left this life on November 1, 2016.

8. Ronald was appointed the Executor of the Estate of Genevieve Apostolakis., 

on July 12, 2018, Broward County Probate Case No. PRC-18-1931. 

9. At the time of her death, Genevieve was identified as the title holder of 

record for real property located at 963 SE 9th Avenue, Pompano Beach, Florida 33064.

10. The Trustee has asserted a potential claim to the real property.

11. Ronald filed an Adversary Proceeding against the Trustee to determine his 

interest in certain real property located at 963 SE 9th Avenue, Pompano Beach, Florida 

33064. 

12. The Court ruled that Pamela Wiggins, the debtor has a one-fifth interest in 

the real property and as such that interest is determined to be property of the bankruptcy 

estate.

13. The Probate Estate in Broward County has been opened since July 12, 2018 

and needs to be closed.

14. The automatic stay under 11 U.S.C. 362 has essentially prevented the Estate 

been being probated and closed. 

15. In abundance of caution, and with hopes to resolve these matters without 

petitioning several courts, the Florida Probate Counsel has not filed amended pleadings or 

petitions regarding the real property since learning of the bankruptcy proceedings, but is 

hesitant to act without approval of this court as Ronald’s prior motion to lift the stay to 

determine the interest of the heirs was denied. 

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16. As a result of the Court’s Ruling the administration of the Probate must be 

amended and the bankruptcy estate should be substituted for the Debtor and beneficiary 

Pamela Wiggins,

17. Ronald agrees that any notices required to be given to the beneficiaries would 

include furnishing a copy to the Chapter 7 Trustee Donald F. King on behalf of the Debtor.

18. The remaining assets and debts of the probate estate must be calculated, the 

appropriate accountings will be filed with the Probate Court, and then the funds will be 

disbursed. Again, the Trustee shall receive all notices to which the Debtor would have 

otherwise received.

19. There is no litigation anticipated at this time.

20. United States Bankruptcy Code § 362(d)(1-2) provides for the lifting of an 

automatic stay for cause, which has been established herein.

WHEREFORE, Ronald Apostolakis, Executor of the Estate of Genevieve 

Apostolakis and respectfully moves this Honorable Court for relief from the automatic stay 

pursuant to 11 U.S.C. § 362 to:

1. to permit the Executor and Probate Counsel to continue with the 

administration of the Probate Estate, and

2. to fully administer the Estate of Genevieve Apostolakis in the Florida 

Probate Court, and

3. prays for such other and further relief as this Honorable Court deems proper 

and just.

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Dated: August 30, 2021, Respectfully submitted,

Fairfax, Virginia Ronald Apostolakis, 

Executor of the Estate of Genevieve Apostolakis

By Counsel

MORAN LAW, P.L.C

By /s/ George LeRoy Moran 

George LeRoy Moran, Esquire.

Virginia State Bar Number 15187

Suite 301

4041 University Drive

Fairfax, Virginia 22030-3410

Phone (703) 359-8088

Facsimile (703) 359-8094 

glmoran@yahoo.com

Counsel for Ronald Apostolakis

CERTIFICATE OF SERVICE

I hereby certify that on the 30th day of August, 2021, a true and accurate copy of the 

foregoing Motion for Relief from the Automatic Stay and Notice of Motion and Hearing

was mailed and electronically transmitted to the following:

Karen Stride Lang, Esquire

524 King Street

Alexandria, Virginia 22314

Counsel for Debtor

Donald F. King,

Chapter 7, Trustee

1775 Wiehle Avenue, Suite 400

Reston, VA 20190

John P. Fitzgerald, III

Assistant United States Trustee

Office of the United States Trustee

1725 Duke Street, Suite 650

Alexandria, VA 22314

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Ted D’Apuzzo, Esquire

The D’Apuzzo Law Firm

2755 E. Oakland Park Blvd.

Suite 303

Ft. Lauderdale, FL 33306

Counsel for the Estate of

Genevierve Apostolakis

/s/ George LeRoy Moran

George LeRoy Moran, Esquire

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