IN RE

JEFFREY D. PATTOCK

NADINE R. PATTOCK

 Debtors

Case No. 18-12974-BFK

Chapter 7

MOTION FOR RELIEF FROM AUTOMATIC STAY

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Alexandria Division

THE BANK OF NEW YORK MELLON 

F/K/A THE BANK OF NEW YORK AS 

SUCCESSOR IN INTEREST TO JP 

MORGAN CHASE BANK, N.A., AS 

TRUSTEE FOR CENTEX HOME 

EQUITY LOAN TRUST 2005-B

8950 Cypress Waters Blvd

Coppell, TX 75019

 Movant

v.

JEFFREY D. PATTOCK

NADINE R. PATTOCK

47 Liberty Knolls Drive

Stafford, VA 22554

and

JANET M. MEIBURGER

CHAPTER 7 TRUSTEE

The Meiburger Law Firm, PC

1493 Chain Bridge Road, Suite 201

McLean, VA 22101

 Respondents

Motion No.

 COMES NOW, THE BANK OF NEW YORK MELLON F/K/A THE BANK OF 

NEW YORK as successor in interest to JP Morgan Chase Bank, N.A., as Trustee 

for Centex Home Equity Loan Trust 2005-B, its successors and/or assigns, movant, 

by its attorneys, Mark D. Meyer, Esq., and Rosenberg & Associates, LLC, and 

respectfully represents as follows:

MARK MEYER

DC BAR 475552

MD BAR 15070

VA BAR 74290

ROSENBERG &

ASSOCIATES, LLC

 4340 East West Highway

SUITE 600

BETHESDA, MD 20814

(301) 907-8000

FILE NUMBER: 73060

Case 18-12974-BFK Doc 13 Filed 09/10/18 Entered 09/10/18 14:19:42 Desc Main

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 1. Jurisdiction is based on 11 U.S.C. Section 362(d)-(f).

 2. On or about August 30, 2018, Jeffrey D. Pattock and Nadine R. Pattock 

("Debtors") filed a Voluntary Petition in the Court under Chapter 7 of the Bankruptcy 

Code.

 3. Janet M. Meiburger is the Chapter 7 trustee of the Debtors' estate.

 4. At the time of the initiation of these proceedings, the Debtors owned a 

parcel of fee simple real estate improved by a residence with a legal description of 

"LOT 12, BLOCK 4, NEW CITY BLOCK 15915, BABCOCK PLACE, UNIT 2, 

SITUATED IN THE CITY OF SAN ANTONIO, BEXAR COUNTY TEXAS, 

ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5800, PAGE 

103, DEED AND PLAT RECORDS OF BEXAR COUNTY TEXAS. TAX ID/IN: 

159150040120 Property Address: 6722 SPRING FOREST SAN ANTONIO, TX 

78249" also known as 6722 Spring Forest, San Antonio, TX 78249 (hereinafter "the 

subject property"). 

 5. The subject property is encumbered by a Deed of Trust securing the note, 

which is currently held by the movant. 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. 

 6. THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK 

as successor in interest to JP Morgan Chase Bank, N.A., as Trustee for Centex 

Home Equity Loan Trust 2005-B directly or through an agent, has possession of 

the promissory note and held the note at the time of filing of the Movant’s Motion 

for Relief from the Stay. The promissory note has been duly indorsed. 

 7. The total amount due under the Deed of Trust securing the Movant as of 

September 4, 2018, including attorney's fees and court costs, is approximately 

$58,232.92.

 8. The Debtors are in default under the Deed of Trust, and the Movant has 

accelerated the entire balance of the Note and Mortgage and interest continues to 

accrue.

 9. The Debtors are behind in their monthly mortgage payments, and equity 

in the Debtors' residence is dissipating.

 10. The Movant lacks adequate protection of its interest in the subject 

property.

MARK MEYER

DC BAR 475552

MD BAR 15070

VA BAR 74290

ROSENBERG &

ASSOCIATES, LLC

 4340 East West Highway

SUITE 600

BETHESDA, MD 20814

(301) 907-8000

FILE NUMBER: 73060

Case 18-12974-BFK Doc 13 Filed 09/10/18 Entered 09/10/18 14:19:42 Desc Main

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 11. The Movant has been and continues to be irreparably injured by the stay 

of Section 362 of the Bankruptcy Code, which prevents the Movant from enforcing 

its rights under the Note and Deed of Trust.

 12. Cause exists for lifting the automatic stay imposed by Section 362 of the 

Bankruptcy Code to enable the Movant to enforce its rights under its Note and 

Deed of Trust.

___________________________________

Mark D. Meyer, Esq.

VA Bar 74290 

Rosenberg & Associates, LLC

4340 East West Highway, Suite 600

Bethesda, MD 20814

301-907-8000

 WHEREFORE, the Movant, THE BANK OF NEW YORK MELLON F/K/A 

THE BANK OF NEW YORK as successor in interest to JP Morgan Chase Bank, 

N.A., as Trustee for Centex Home Equity Loan Trust 2005-B its successors and/or 

assigns, respectfully requests that this Honorable Court:

 1. Enter an order terminating the automatic stay imposed by Section 362 of 

the Bankruptcy Code to enable it to proceed with a foreclosure sale, accept a deed 

in lieu or agree to a short sale of the real property and improvements located at 

6722 Spring Forest, San Antonio, TX 78249; and

 2. Grant such other and further relief as may be just and necessary.

/s/ Mark D. Meyer, Esq.

MARK MEYER

DC BAR 475552

MD BAR 15070

VA BAR 74290

ROSENBERG &

ASSOCIATES, LLC

 4340 East West Highway

SUITE 600

BETHESDA, MD 20814

(301) 907-8000

FILE NUMBER: 73060

Case 18-12974-BFK Doc 13 Filed 09/10/18 Entered 09/10/18 14:19:42 Desc Main

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CERTIFICATE OF SERVICE

___________________________________

Mark D. Meyer, Esq.

/s/ Mark D. Meyer, Esq.

 I hereby certify that on the 10th day of September, 2018, I reviewed the 

Court’s CM/ECF system and it reports that an electronic copy of the foregoing 

Motion for Relief from the Automatic Stay will be served electronically by the 

Court’s CM/ECF system on the following:

Janet M. Meiburger, Trustee

Robert R. Weed, Esquire

 I hereby further certify that on the 10th day of September, 2018, a copy of 

the foregoing Motion for Relief from the Automatic Stay was also mailed first class 

mail, postage prepaid to:

Jeffrey D. Pattock

47 Liberty Knolls Drive

Stafford, VA 22554

Nadine R. Pattock

47 Liberty Knolls Drive

Stafford, VA 22554

MARK MEYER

DC BAR 475552

MD BAR 15070

VA BAR 74290

ROSENBERG &

ASSOCIATES, LLC

 4340 East West Highway

SUITE 600

BETHESDA, MD 20814

(301) 907-8000

FILE NUMBER: 73060

Case 18-12974-BFK Doc 13 Filed 09/10/18 Entered 09/10/18 14:19:42 Desc Main

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