H. Jason Gold, Va. Bar No. 19117

101 Constitution Avenue, NW, Suite 900

Washington, DC 20001

(202) 689-2800

Trustee

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Alexandria Division

In re: )

) Bankruptcy Case

DAGMAR I. KERN ) No. 18-13273-BFK

and )

HANS P. KERN, )

)

Debtors. ) Chapter 7

__________________________________________)

LEHMAN XS TRUST MORTGAGE )

PASS-THROUGH CERTIFICATES, SERIES )

2006-GP2, U.S. BANK NATIONAL )

ASSOCIATION, AS TRUSTEE, )

)

Movant, )

)

v. )

)

DAGMAR I. KERN )

and )

HANS P. KERN, )

)

Debtors, )

)

and )

)

H. JASON GOLD, )

)

Trustee, )

)

Respondents. )

TRUSTEE’S RESPONSE AND OPPOSITION TO MOTION FOR RELIEF FROM STAY 

COMES NOW, H. Jason Gold, the chapter 7 trustee (“Trustee”), and files this response 

and opposition to the Motion for Relief from Automatic Stay (the “Motion”), stating to the Court 

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as follows:

1. As reflected on Schedule A, the Debtor owns real property commonly identified 

as 15238 Louis Mill Drive, Chantilly, Virginia 20151 (the “Property”). 

2. The Section § 341 Meeting of Creditors is scheduled for November 5, 2018. 

Until such time as the Trustee completes his investigation of the value of the Property and 

validity of the liens asserted against the Property, the Trustee opposes the relief from the 

automatic stay sought in the Motion.

3. The Trustee lacks sufficient information to form a response to the allegations in 

the Motion that cause exists to grant the relief sought in the Motion and therefore denies the 

same and demands strict proof.

4. UPON THE TRUSTEE’S FILING OF A REPORT OF NO DISTRIBUTION, 

THE MOVANT AND THE COURT MAY DEEM THE TRUSTEE’S OPPOSITION AS 

WITHDRAWN AND GRANT WHATEVER RELIEF THE COURT DEEMS APPROPRIATE.

WHEREFORE, having responded to the Motion, the Trustee prays (i) that the Court 

continue the hearing on the Motion until such time as the Trustee has had a chance to assess the 

value of the subject collateral and validity of the liens asserted against the subject collateral; (ii) 

that in the event that the Trustee files a Report of No Distribution, that the Trustee’s opposition 

be deemed withdrawn; and (iii) for such other and further relief as may be necessary.

Respectfully submitted, 

H. JASON GOLD, TRUSTEE

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H. JASON GOLD, TRUSTEE

101 Constitution Avenue, NW, Suite 900

Washington, DC 20001

Telephone: (202) 712-2800

Facsimile: (202) 712-2860

By: /s/ H. Jason Gold

H. Jason Gold, Va. Bar No. 19117

Chapter 7 Trustee

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 11

th day of October 2018 the foregoing Trustee’s 

Response and Opposition to Motion for Relief from Stay was served via Notice of Electronic 

Filing CM/ECF and pursuant to applicable Standing Order upon:

Mary F. Balthasar Lake

SHAPIRO & BROWN, LLP

501 Independence Parkway, Suite 203

Chesapeake, VA 23320

Office of the US Trustee

1725 Duke Street, Ste. 650

Alexandria, VA 22314

Robert R. Weed

LAW OFFICES OF ROBERT WEED

1376 Old Bridge Rd Suite 101-4

Woodbridge, VA 22192

Dagmar I Kern

15238 Louis Mill Dr

Chantilly, VA 20151-1317

Hans P Kern

15238 Louis Mill Dr

Chantilly, VA 20151-1317

/s/ H. Jason Gold

H. Jason Gold

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