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. 76954

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

In re:

CHRISTOPHER PAUL KALLDIAN, CHAPTER 13

DEBTOR. CASE NO. 18-33612-KRH

HARLEY-DAVIDSON,

MOVANT,

vs.

CHRISTOPHER PAUL KALLDIAN

and CARL M. BATES, TRUSTEE,

RESPONDENTS.

MOTION FOR RELIEF FROM THE AUTOMATIC STAY

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: CHRISTOPHER PAUL KALLDIAN, DEBTOR

CARL M. BATES, 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 WITHINFOURTEEN (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 SEPTEMBER 30, 

2020 AT 11:00 AM IN THE U.S. BANKRUPTCY COURT, 701 EAST BROAD STREET, 

RICHMOND, VA 23219, COURTROOM 5000.

Harley-Davidson (“Movant”) hereby moves this Court, pursuant to 11 U.S.C. §362, 

for relief from the automatic stay with respect to a 2017 Harley-Davidson FLHXS Street 

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Glide Special VIN 1HD1KRC18HB695799 (the “Property”), for all purposes allowed by the 

Promissory Note and Security Agreement and applicable law. 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 July 13, 2018. 

3. A Chapter 13 Plan was confirmed on May 15, 2019.

4. Upon information and belief, the Movant has a validly perfected security 

interest in a 2017 Harley-Davidson FLHXS Street Glide Special VIN 1HD1KRC18HB695799, 

pursuant to a valid Promissory Note and Security Agreement dated November 9, 2017. A 

copy of the Promissory Note and Security Agreement and a copy of the evidence of Title 

establishing Movant’s security interest are attached hereto as Exhibit A.

5. As of September 1, 2020, the unpaid principal and interest balance due is 

$28,908.39 and the approximate outstanding amount of the Obligations less any partial 

payments or suspense balance is $28,908.39.

6. The following chart sets forth the number and amount of post-petition 

payments due pursuant to the terms of the Promissory Note and Security Agreement as of

September 1, 2020: 

Number of 

Payments

From To Monthly Payment 

Amount

Total Payments

1 (Partial) 04/24/2020 04/24/2020 $148.68 $148.68

4 05/24/2020 08/24/2020 $666.44 $2,665.76

Less post-petition partial payments (suspense balance): ($0.00)

Total: $2,814.44

7. As of September 1, 2020, the total post-petition arrearage/delinquency is 

$2,814.44, consisting of (i) the foregoing total of post-petition payments in the amount of 

$2,814.44, plus (ii) the following fees:

Fee Description Amount

N/A $0.00

8. The estimated value of the Property is $20,395.00. The basis for such 

valuation is: NADA, a copy of which is attached hereto as Exhibit B.

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

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

ii. Post-Petition payments required by the confirmed plan have not 

been made to Movant.

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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. 76954

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

modifying the stay and granting the following:

1. Relief from the stay for all purposes allowed by applicable law and the 

Promissory Note and Security Agreement to enforce its remedies to obtain possession of 

the Property and any and all other collateral pledged under the Promissory Note and 

Security Agreement.

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

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

Dated: September 8, 2020

HARLEY-DAVIDSON

By: /s/JOHNIE R. MUNCY

Eric D. White, Esquire, Bar No. 21346

Johnie R. Muncy, Esquire, Bar No. 73248

Nisha R. Patel, Esquire, Bar No. 83302

D. Carol Sasser, Esquire, Bar No. 28422

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 September 8, 2020, the foregoing Motion was served via CM/ECF on 

Carl M. Bates, Trustee, and James E. Kane, Counsel for Debtor, at the email addresses 

registered with the Court, and that a true copy was mailed via first class mail, postage 

prepaid, to Christopher Paul Kalldian, Debtor, 13246 Winston Rd., Ashland, VA 23005.

/s/JOHNIE R. MUNCY

Johnie R. Muncy, Esquire

Samuel I. White, P. C.

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