Johnie R. Muncy, Esquire

Counsel for Movant

Samuel I White, P.C.

Bar No. 73248

1804 Staples Mill Road

Suite 200

Richmond, VA 23230

(804) 290-4290

File No. 35678

Prepared By: Samuel I. White, P.C.

Return To: Samuel I White, P.C.

1804 Staples Mill Road

Suite 200

Richmond, VA 23230

(804) 290-4290

Tax Map No.:0721 26010051

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

ALEXANDRIA DIVISION

In re:

ALICE THOMAS

DBA DICON CONSULTING, CHAPTER 13

DEBTOR. CASE NO. 17-14198-KHK

HSBC BANK USA, NATIONAL ASSOCIATION AS 

TRUSTEE FOR NOMURA ASSET ACCEPTANCE 

CORPORATION, MORTGAGE PASS-THROUGH 

CERTIFICATES, SERIES 2005-AR6,

MOVANT,

vs.

ALICE THOMAS

and THOMAS P. GORMAN, TRUSTEE,

RESPONDENTS.

MOTION FOR IN REM RELIEF FROM THE AUTOMATIC STAY

(REAL PROPERTY LOCATED AT 6516 RIVER TWEED LANE, ALEXANDRIA, VA 22312)

NOTICE

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.)

TO: ALICE THOMAS, PRO SE DEBTOR

THOMAS P. GORMAN, TRUSTEE

IF YOU DO NOT WISH THE COURT TO GRANT THE RELIEF SOUGHT IN THE MOTION, OR IF YOU WANT THE 

COURT TO CONSIDER YOUR VIEWS ON THE 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 AND SERVE A COPY ON THE MOVANT. UNLESS A WRITTEN RESPONSE IS FILED AND SERVED WITHIN 

THIS FOURTEEN (14) DAY PERIOD, THE COURT MAY DEEM 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 (14) DAY PERIOD.

THE PRELIMINARY HEARING IS SCHEDULED TO BE HELD ON FEBRUARY 7, 2018

AT 9:30 AM IN THE U.S. BANKRUPTCY COURT, ALEXANDRIA DIVISION, 200 S. 

WASHINGTON STREET, ALEXANDRIA, VA 22314, COURTROOM II, 2ND FLOOR.

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HSBC Bank USA, National Association as Trustee for Nomura Asset Acceptance 

Corporation, Mortgage Pass-Through Certificates, Series 2005-AR6 (“Movant”) hereby moves 

this Court, pursuant to 11 U.S.C. § 362, for IN REM relief from the automatic stay with respect to 

certain real property of the Debtor having an address of 6516 River Tweed Lane, Alexandria, 

VA 22312 (the “Property”), for all purposes allowed by the Note (defined below), the Deed of 

Trust (defined below), and applicable law, including but not limited to the right to foreclose. In 

further support of this Motion, Movant respectfully states:

1. This Court has jurisdiction over this proceeding pursuant to 28 U.S.C. §157 and 

§1334 and 11 U.S.C. §362(d), and this matter is a core proceeding.

2. A petition under Chapter 13 of the United States Bankruptcy Code was filed with 

respect to the Debtor on December 11, 2017.

3. The Debtor has executed and delivered or is otherwise obligated with respect to 

that certain promissory note in the original principal amount of $372,800.00 (the “Note”). A copy 

of the Note is attached hereto as Exhibit A.

4. Pursuant to that certain Deed of Trust (the “Deed of Trust”), all obligations 

(collectively, the “Obligations”) of the Debtor under and with respect to the Note and the Deed of 

Trust are secured by the Property and the other collateral described in the Deed of Trust. The 

lien created by the Deed of Trust was perfected by recording of the Deed of Trust in the office of 

the Clerk of the County of Fairfax, Virginia. A copy of the recorded Deed of Trust is attached 

hereto as Exhibit B. 

5. The terms of the Note were amended by a loan modification agreement entered 

into by and between HSBC Bank USA, National Association as Trustee for Nomura Asset 

Acceptance Corporation, Mortgage Pass-Through Certificates, Series 2005-AR6 and the Debtor 

dated May 27, 2013 (the “Loan Modification Agreement”). A copy of the Loan Modification 

Agreement is attached hereto as Exhibit C.

6. The legal description of the Property is: 

All that Parcel of Land in the City of Alexandria, Fairfax County, State 

of Virginia, as more fully described in Deed Book 11839, Page 1630 ID 

#072-1-26-01-001, being known and designated at Lot 51, Section 1-3, 

THE PINECREST, filed in plat book 6281, Page 1364.

7. Wells Fargo Bank, N.A. services the loan on the Property referenced in this 

Motion. In the event the automatic stay in this case is modified, this case dismisses, and/or the 

Debtor obtains a discharge and a foreclosure action is commenced on the mortgaged property, 

the foreclosure will be conducted in the name of Movant. Debtor executed a promissory note 

secured by a mortgage or deed of trust. The promissory note is either made payable to Creditor or 

has been duly indorsed. Creditor, directly or through an agent, has possession of the promissory 

note. Creditor is the original mortgagee or beneficiary or the assignee of the mortgage or deed of 

trust.

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8. Upon information and belief, the Debtor has filed successive bankruptcies, which 

have repeatedly delayed and hindered Movant’s efforts to foreclose. To date, this present case is 

the Debtor's third bankruptcy filing since October 19, 2015, to wit:

a. The Debtor Alice Hannah Thomas filed Chapter 13 Case No. 15-13647-

BFK on October 19, 2015 in the Eastern District of Virginia, Alexandria 

Division. Though the Debtor filed a Motion to Dismiss on November 17, 

2015, the Court dismissed the case on November 20, 2015 due to the 

Debtor’s failure to appear at the hearing on the Debtor’s Motion to Defer 

Credit Counseling. The filing of this case caused the cancellation of a 

foreclosure sale scheduled for October 19, 2015.

b. The Debtor Alice Hannah Thomas dba Diagnostic Consultants LLC filed 

Chapter 13 Case No. 17-10436-KHK on February 13, 2017, in the 

Eastern District of Virginia, Alexandria Division. An Order Dismissing 

Case was entered on February 27, 2017, after the Court denied the 

Debtor’s Motion to Waive the requirement to complete a pre-petition 

credit counseling course. The filing of this case caused the cancellation 

of a foreclosure sale scheduled for February 13, 2017.

c. The Debtor filed the instant case on December 11, 2017, which caused 

the cancellation of a foreclosure sale scheduled for December 11, 2017.

9. Furthermore, the Debtor has been offered and/or has requested loss mitigation 

on thirteen (13) separate occasions between November 16, 2011 to October 27, 2017, to wit:

a. 11/16/11 - Denied due to SS HAFA documents not being received

b. 12/21/11 - Denied due to Borrower not sending requested information

c. 05/21/12 - Denied due to Borrower not sending requested information

d. 08/06/12 - Denied due to Borrower not sending requested information

e. 10/17/12 - Denied due to Borrower not sending requested information 

f. 04/29/13 - Loan Modification Complete

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g. 04/07/16 - Denied due to HAFA SS/DILA not met

h. 06/17/16 - Denied due to offer below fair market value

i. 07/29/16 - Denied due to offer below fair market value

j. 08/19/16 - Denied due to offer below fair market value

k. 01/05/17 - Denied due to SSHAFA not closed timely

l. 08/30/17 - Denied due to Borrower not sending requested information

m. 10/27/17 - Denied – Appeal Complete

10. As of January 3, 2018, the unpaid principal and interest balance due is 

$419,320.771and the approximate outstanding amount of the Obligations less any partial 

payments or suspense balance is $463,783.49. The loan is contractually due for the April 1, 

2015 monthly payment, with the monthly arrears totaling $62,524.66.

11. The estimated value of the Property is $458,080.00. The basis for such valuation 

is: Tax Assessment, a copy of which is attached hereto as Exhibit D.

12. Cause exists for relief from the automatic stay for the following reasons: 

i. Movant’s interest in the Property is not adequately protected.

ii. Debtor's repeated bankruptcy filings in close proximity to scheduled 

foreclosure sales demonstrate an abuse of the bankruptcy process 

designed to frustrate Movant’s efforts to pursue its remedies related to 

the property.

WHEREFORE, Movant prays that this Court issue an Order terminating or modifying the 

stay and granting the following:

1. Relief from the stay to be granted IN REM for all purposes allowed by applicable 

law, the Note, and the Deed of Trust, including but not limited to allowing Movant to proceed 

under applicable non-bankruptcy law to enforce its remedies to foreclose upon and obtain 

possession of the Property and any and all other collateral pledged under the Deed of Trust;

2. Declaring that any future filing by the Debtor or any co-owners or entities 

affiliated with them, be ineffective as to the Movant, so that the Movant shall have the right to take 

lawful action necessary under state law to obtain complete possession of the subject property 

without further order of this Court or any hearing being necessary;

3. Waiver of the 14-day stay described by Bankruptcy Rule 4001(a)(3); and

4. For such other relief as the Court deems proper.

 

1

$20,116.27 of this is the deferred principal balance and the borrower does not pay interest or make monthly payments 

on this amount.

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Dated: January 5, 2018

HSBC BANK USA, NATIONAL ASSOCIATION 

AS TRUSTEE FOR NOMURA ASSET 

ACCEPTANCE CORPORATION, MORTGAGE 

PASS-THROUGH CERTIFICATES, SERIES 

2005-AR6

By: /s/JOHNIE R. MUNCY

Eric D. White, Esquire, Bar No. 21346

Michael T. Freeman, Esquire, Bar No. 65460

Brandon R. Jordan, Esquire, Bar No. 72170

Johnie R. Muncy, Esquire, Bar No. 73248

Nisha R. Patel, Esquire, Bar No. 83302

Samuel I. White, P.C.

1804 Staples Mill Road

Suite 200

Richmond, VA 23230

Tel.: (804) 290-4290

Fax: (804) 290-4298

jmuncy@siwpc.com

CERTIFICATE OF SERVICE

I certify that on January 5, 2018, the foregoing Notice and Motion were served via CM/ECF 

on Thomas P. Gorman, Trustee, at the email address registered with the Court, and that a true 

copy was mailed via first class mail, postage prepaid, to Alice Thomas, Pro Se Debtor, 6516 River 

Tweed Lane, Alexandria, VA 22312.

/s/JOHNIE R. MUNCY

Johnie R. Muncy, Esquire

Samuel I. White, P. C.

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