Hugh Green, Esq., Bar # 86687

Kathryn Smits, Esq., Bar # 77337

Heather D. McGivern, Esq., Bar # 91767

PO Box 2548

Leesburg, VA 20177

(703)777-7101

UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division

IN RE:

JOETTE FRANCINE ROBINSON

Debtor

Chapter 13

Case No. 18-35073-KLP

M&T BANK

Movant

v.

JOETTE FRANCINE ROBINSON

114 E. 12TH STREET

RICHMOND, VA 23224

(Debtor)

SUZANNE E. WADE

P.O. BOX 1780

RICHMOND, VA 23218-1780

(Trustee)

Respondents

MOTION FOR RELIEF FROM AUTOMATIC STAY

M&T Bank (“Movant”) by undersigned counsel, respectfully moves this Honorable 

Court to terminate the Automatic Stay as to the real property located at 114 East 12th Street, 

Richmond, VA 23224 (“Property”), and, as grounds therefore, states as follows:

1. This proceeding seeking relief under 11 U.S.C. § 362(d) is a contested matter 

within the meaning of Fed. R. Bankr. P. 4001 and 9014, and this court has jurisdiction over this 

matter pursuant to 28 U.S.C. § 157. This is a core proceeding pursuant to 28 U.S.C. § 

157(b)(2)(G) and (b)(2)(O). Venue is proper pursuant to 28 U.S.C. § 1409(a).

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2. On October 10, 2018, the above named Debtor, Joette Francine Robinson 

(“Debtor”), filed in this court a Petition under Chapter 13 of the United States Bankruptcy Code. 

Suzanne E. Wade was appointed Chapter 13 Trustee.

3. On or about August 17, 2012, Joette F Robinson executed and delivered to 

Neighborhood Housing Services of Richmond, Inc. a Note in the amount of ONE HUNDRED 

THIRTY-FOUR THOUSAND DOLLARS AND NO CENTS ($134,000.00), plus interest at the 

fixed rate of 4.125% per annum to be paid over thirty (30) years. A copy of the Note is attached 

as Exhibit A and incorporated herein.

4. To secure the repayment of the sums due under the Note, Joette F Robinson 

executed and delivered to Neighborhood Housing Services of Richmond, Inc. a Deed of Trust 

dated August 17, 2012, encumbering the real property (“Property”) described as:

which has the address of 114 East 12th Street, Richmond, VA 23224. The Deed of Trust was 

recorded in the Clerk’s Office of Richmond on August 20, 2012. A copy of the Deed of Trust is 

attached as Exhibit B and incorporated herein.

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5. The Note and Deed of Trust were later transferred to Movant and Movant is the 

current holder of the Note and Deed of Trust. A copy of the Assignment is attached as Exhibit 

C and incorporated herein.

6. Debtor(s) 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.

7. As of June 11, 2019, the Debtor owes an unpaid principal balance of $124,845.84 

under the Note, plus additional accruing interest, late charges, attorneys’ fees and costs.

8. As of June 11, 2019, the Debtor is post-petition due for February 1, 2019, which 

includes the following missed payments:

Number of 

Missed 

Payments

From To Payment Amount Total Due

4 February 1, 2019 May 1, 2019 $995.38 $3,981.52

1 June 1, 2019 June 1, 2019 $1,032.64 $1,032.64

Suspense: ($0.00)

Total Payments Past Due: $5,014.16

9. The value of the property is $172,000.00, according to the Debtor's Schedule "A". 

10. The Debtor is in default under the Note.

11. That the Debtor’s account delinquency constitute cause for relief from the 

automatic stay.

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WHEREFORE, M&T Bank prays that this Court issue an order terminating or modifying 

the Automatic Stay under 11 U.S.C. § 362, as to the property located at 114 East 12th Street, 

Richmond, VA 23224, and granting the following:

a. Relief from the Automatic Stay allowing Movant to proceed under applicable 

non-bankruptcy law to enforce its remedies to foreclose upon and obtain possession of the 

Property and/or allowing Movant, through its agents, servicers and representatives to contact 

Debtor and/or Debtor’s counsel for the purpose of engaging in discussions and consideration for 

possible loss mitigation options, solutions and/or resolutions with regard to the underlying 

mortgage and note, including, but not limited to loan modification, deed in lieu or other loss 

mitigation alternatives.

b. That the Order be binding and effective despite any conversion of this bankruptcy 

case to a case under any other chapter of Title 11 of the United States Code.

c. That the 14-day stay described by Bankruptcy Rule 4001(a)(3) be waived.

d. That it be exempted from further compliance with Fed. R. Bankr. P. 3002.1 in the 

instant bankruptcy case.

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

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Date: _June 25, 2019_____

Respectfully submitted,

 /s/ Kathryn Smits 

Hugh Green, Bar #86687

Kathryn Smits, Bar #77337

Heather D. McGivern, Bar #91767

Orlans PC

PO Box 2548

Leesburg, VA 20177

(703)777-7101

Attorneys for M&T Bank

hgreen@orlans.com

ksmits@orlans.com

hmcgivern@orlans.com

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CERTIFICATE OF SERVICE

The undersigned states that on June 25, 2019, copies of the foregoing Motion for Relief 

from Automatic Stay were filed with the Clerk of the Court using the ECF system, which will 

send notification of such filing to the following:

Suzanne E. Wade

P.O. Box 1780

Richmond, VA 23218-1780

ecfsummary@ch13ricva.com

Bankruptcy Trustee

Kimberly Alice Chandler

Chandler Law Firm

P.O. Box 17586

Richmond, VA 23226

kim@cp-lawfirm.com

Debtor’s Attorney 

and I hereby certify that I have caused to be mailed by first class mail, postage prepaid, copies of 

the foregoing Motion for Relief from Automatic Stay to the following non-ECF participants:

Joette Francine Robinson

114 E. 12th Street

Richmond, VA 23224

Debtor

 /s/ Kathryn Smits 

Hugh Green, Esquire

Kathryn Smits, Esquire

Heather D. McGivern, Esquire

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