Scott Carpenter (VSB#89057)

NEW DAY LEGAL, PLLC

98 Alexandria Pike, Suite 10

Warrenton, VA 20186

Telephone (540) 349-3232

Counsel for Debtor

THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division

In re: 

Oscar Anibal Rodriguez Case No. 17-33494-KLP

Virginia Ivelisse Genao-Santana Chapter 13

Debtors

LAKEVIEW LOAN SERVICING,

Movant,

v.

OSCAR ANIBAL RODRIGUEZ and

VIRGINIA IVELISSE GENAO-SANTANA

Debtors/Respondents,

and

SUZANNE E. WADE,

Trustee/Respondent.

DEBTORS’ RESPONSE AND OPPOSITION TO 

MOTION FOR RELIEF FROM THE AUTOMATIC STAY

The Debtors/Respondents, Oscar Anibal Rodriguez and Virginia Ivelisse Genao-Santana, 

by counsel, hereby file this Response and Opposition to Lakeview Loan Servicing, LLC’s (the 

“Movant”) Motion for Relief from the Automatic Stay, and they therefore state as follows:

1. The allegations contained in paragraphs one through five of the Motion are admitted.

2. The Debtors/Respondents deny the allegations contained in paragraph six of the Motion, and 

they hereby demand strict proof thereof.

3. The allegations contained in paragraph seven of the Motion are admitted.

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4. Paragraph eight of the motion does not call for a response, as it does not allege facts.

5. The Debtors/Respondents deny the allegations contained in paragraph nine of the Motion,

and they hereby demand strict proof thereof.

6. The Debtors/Respondents assert that they are not in default on payments to the Movant, and 

no cause for relief from the automatic stay exists. Counsel for the Debtors/Respondents has 

reached out to Counsel for the Movant to request a payment history and/or other evidence of 

default, but Counsel for the Movant has not responded to that request.

WHEREFORE, the Debtors/Respondents pray that this Honorable Court deny the 

Movant’s Motion for Relief from Automatic Stay and grant any further relief this Court deems 

appropriate. 

Respectfully submitted this 23rd day of October 2019.

Respectfully submitted,

OSCAR ANIBAL RODRIGUEZ

VIRGINIA IVELISSE GENAO-SANTANA

By Counsel

NEW DAY LEGAL, PLLC

/s/ Scott W. Carpenter

Scott W. Carpenter, Esquire, VSB # 89057

John C. Morgan, Esquire, VSB # 30148

Suad Bektic, Esquire, VSB # 90012

98 Alexandria Pike, Suite 10

Warrenton, VA 20186

(540) 349-3232 Phone

(888) 612-0943 Facsimile

scott@newdaylegal.com

Counsel for the Debtors/Respondents

CERTIFICATE OF SERVICE

I certify that I have, this 23rd day of October 2019, transmitted, via ECF or by regular 

mail, a true copy of the foregoing Response and Opposition to Motion for Relief from the 

Automatic Stay to:

M. Christine Haggard, Esq.

Brock & Scott, PLLC

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8757 Red Oak Blvd., Suite 150

Charlotte, NC 28217

Counsel for Movant

Suzanne E. Wade, Chapter 13 Trustee

7202 Glen Forest Drive, Suite 202

Richmond, VA 23226

Oscar Anibal Rodriguez

Virginia Ivelisse Genao-Santana

1810 Bracken Road

Richmond, VA 23236 

Debtors/Respondents

/s/ Scott W. Carpenter

Scott W. Carpenter

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