S&B# 19-281376 

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

NORFOLK DIVISION

IN RE:

STEPHANIE ROBIN NOVACK FKA STEPHANIE NOVACK 

LAMARCHE

Debtor 

BCN #: 19-71204-SCS

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, 600 Granby Street, 

Norfolk, VA 23510, 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: May 23, 2019 at 9:30 

AM in Courtroom 1, 4

th Floor, United States Bankruptcy Court, 600 Granby Street, Norfolk, VA 

23510. 

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S&B# 19-281376 

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: April 23, 2019

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

Renee Dyson, Esquire, VSB #93282

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 23rd day of April, 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:

Genene E. Gardner

The Merna Law Group

3419 Virginia Beach Blvd., #236

Virginia Beach, VA 23452

Tom C. Smith, Jr.

P.O. Box 1506

Virginia Beach, VA 23451

Stephanie Robin Novack

309 South Broad Street

Suffolk, VA 23434

/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

Renee Dyson, Esquire, VSB #93282

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S&B# 19-281376

United States Bankruptcy Court

Eastern District of Virginia

Norfolk Division

In Re: 

Stephanie Robin Novack fka Stephanie 

Novack LaMarche 

Debtor

BCN#: 19-71204-SCS

Chapter: 7

Nationstar Mortgage LLC d/b/a Mr. Cooper

Movant/Secured Creditor,

Motion for Order Granting Relief from 

Automatic Stay under 11 USC §362

v.

Stephanie Robin Novack fka Stephanie Novack 

LaMarche

Debtor

and

Tom C. Smith, Jr. 

Trustee

Respondents

Nationstar Mortgage LLC d/b/a Mr. Cooper, alleges as follows:

1. 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. The above named Debtor filed a Chapter 7 Petition in Bankruptcy with this Court 

on March 30, 2019.

3. Tom C. Smith, 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 OVM 

Financial, Inc., 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 April 11, 2019. The Note was originated 

by OVM Financial, Inc. who endorsed the Note to Pacific Union Financial, LLC via Allonge, 

who endorsed the Note in blank. Nationstar Mortgage LLC d/b/a Mr. Cooper has possession of 

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S&B# 19-281376

the original Note. A copy of the Assignment, Deed of Trust, and Note are attached hereto and 

incorporated herein by reference.

5. The subject Deed of Trust secures a parcel of real property (hereinafter “the 

Property”) with the address of 309 South Broad Street, Suffolk, VA 23434 and more particularly 

described in the Deed of Trust dated June 27, 2017 and recorded as Deed Instrument Number 

170007209 among the land records of the said city/county, as:

All that certain lot, piece or parcel of land, situated in the City of Suffolk, 

Virginia, fronting on the West side of Broad Street, and known, numbered and 

designated on the plan or plat of "The Consolidated Realty Corporation, formerly 

Montrose Land and Improvement Company" duly of record in the Clerk's Office 

of the Circuit Court of the City of Suffolk (formerly Nansemond County), 

Virginia, in Deed Book 34, Page 205, as Lot Number Five (5) in Block 'O', 

fronting Fifty (50) feet on the West side of Broad Street and running back 

therefrom between parallel lines in a Westerly direction One Hundred Fifty (150) 

feet; said lot is bounded on the East by Broad Street; on the North by Lot Number 

Four (4) in said Block 'O'; on the West by Lot Number Thirteen (13) in said Block 

'O'; and on the South by Lot Number Six (6) in said Block 'O', together with all 

and singular the appurtenances belonging to the same.

6. Movant is informed and believes, and, based upon such information and belief, 

alleges that title to the subject Property is currently vested in the name of the Debtor.

7. Movant is informed and believes that the Debtor intends to Surrender the property 

based upon the Statement of Intentions filed March 30, 2019.

8. The Debtor is in default with regard to payments which have become due under 

the terms of the Note and Deed of Trust. 

As of April 2, 2019, the Debtor is due for:

o 1 monthly payment for February 2019 of $1,697.37 which was to be paid directly 

to Movant;

o 2 monthly payments from March 2019 through April 2019 of $1,642.43 each 

which were to be paid directly to Movant;

o Bankruptcy Fees of $750.00

o Bankruptcy Costs of $181.00

o Total of $5,913.23

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9. As of April 2, 2019, the unpaid principal balance on the said note is $234,413.24.

10. Movant has elected to initiate foreclosure proceedings on the Property with 

respect to the subject Trust Deed, but is prevented by the Automatic Stay from going forward 

with these proceedings.

11. Movant is informed and believes, and, based upon such information and belief, 

alleges that the Debtor has little or no equity in the property.

12. Continuation of the automatic stay of 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 due to the aforementioned facts.

13. That the Movant has requested that the Court hear this matter on May 23, 2019 at 

9:30 AM.

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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: April 23, 2019

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

Renee Dyson, Esquire

VSB #93282

SHAPIRO & BROWN, LLP

501 Independence Parkway, Suite 203

Chesapeake, Virginia 23320

(703) 449-5800

VABECF@logs.com

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S&B# 19-281376

Certificate of Service

I certify that I have this 23rd day of April, 2019, 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. 

Genene E. Gardner

The Merna Law Group

3419 Virginia Beach Blvd., #236

Virginia Beach, VA 23452

Tom C. Smith, Jr.

P.O. Box 1506

Virginia Beach, VA 23451

Stephanie Robin Novack

309 South Broad Street

Suffolk, VA 23434

/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

Renee Dyson, Esquire

VSB #93282

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