WOODS ROGERS PLC

ATTORNEYS AT LAW

Richard C. Maxwell, Esq. (VSB #23554)

Woods Rogers PLC

P.O. Box 14125

Roanoke, VA 24038-4125

Telephone: 540-983-7600

Facsimile: 540-983-7711

Email: rmaxwell@woodsrogers.com

Counsel for Movant

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IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

IN RE: )

) Chapter 13

LAKEISHA D. SELDON )

) Case No. 16-33200-KRH

Debtor. )

---------------------------------------------------------------------------------------------------------------

VANDERBILT MORTGAGE AND )

FINANCE, INC., as successor Servicing Agent )

for The Bank of New York Mellon, as Trustee )

)

Movant, )

)

v. ) NOTICE OF MOTION and

) MOTION FOR RELIEF

LAKEISHA D. SELDON ) FROM STAY

a/k/a Lakeisha D. Palmer )

214 Hazard Road )

Heathsville, Virginia 22473 )

)

and )

)

CARL M. BATES, TRUSTEE )

P.O. Box 1819 )

Richmond, Virginia 23218 )

)

Respondents. )

)

ALSO SERVE: )

)

PIA J. NORTH, ESQ. )

North Law )

5913 Harbour Park Drive )

Midlothian, Virginia 23112 )

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NOTICE OF MOTION AND HEARING

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).

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 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 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 14-day period.

A preliminary hearing is scheduled to be held on August 24, 2016 at 11:00 a.m. in

Courtroom 5000, United States Bankruptcy Court, 701 East Broad Street, Richmond, Virginia.

If you or your attorney do not take these steps, the Court may decide that you do not

oppose the relief sought in the motion and may enter an order granting that relief.

MOTION FOR RELIEF FROM STAY

COMES NOW, Vanderbilt Mortgage and Finance, Inc., as Successor Servicing Agent to

Oakwood Acceptance Corporation, LLC, former Servicing Agent for The Bank of New York

Mellon, as Trustee, for a certain securitization trust ("Movant "), by counsel, and respectfully

requests that the automatic stay provisions of 11 U.S.C. Section 362 be rescinded and for its

reasons states as follows:

1. The United States Bankruptcy Court for the Eastern District of Virginia has jurisdiction

over this Motion for Relief from Stay pursuant to 11 U.S.C. Section 362, 28 U.S.C.

Section 1334, 28 U.S.C. Section 157(a) and Rules of Bankruptcy Procedure 4001 and

9014.

2. On February 17, 2001, Lakeisha D. Palmer, now known as Lakeisha D. Seldon

("Debtor") and Shawn A. Palmer ("Co-Debtor") entered into a Manufactured Home

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Retail Installment Contract in the principal amount of $34,564.68 ("Contract") for the

purchase of a 2001 Oakwood Mobile Home, Manufacturer's Serial No.

HONC07713975AB ("Mobile Home"). Movant is the servicer of the Contract. A copy of

the Contract is attached as Exhibit A.

3. Movant perfected its security interest in the Mobile Home by noting the security interest

on the face of the Certificate of Title to the Mobile Home. A copy of the Certificate of

Title to the Mobile Home is attached as Exhibit B.

4. Debtor filed her fifth petition pursuant to Chapter 13, Title 11 of the United States Code

on June 28, 2016.

5. Debtor has filed four prior petitions (Case Nos. 07-34795, 10-37754, 12-35520, and 15-

31425) and each case was dismissed for the Debtor's failure to make plan payments. Case

No. 15-31425 was filed on the very same day Case No. 12-35520 was dismissed. The

current case was filed four days after Case No. 15-31425 was dismissed.

6. The Debtor's proposed Chapter 13 Plan states the debt to Movant will be crammed down

and paid through the Chapter 13 Plan by the Trustee.

7. The Debtor has not made any payments to Movant since October 2013.

8. As of the filing of the current petition, Debtor was in default to Movant for a total of

$13,416.46.

9. The Debtor is not in a financial position to cure the default amounts due to Movant.

10. The Mobile Home is not necessary for a successful reorganization of the Debtor.

11. The payoff on the Mobile Home as of July 7, 2016 was $29,118.68.

12. The value of the Mobile Home according to the Debtor's Schedules is $25,000.00.

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13. Debtor’s actions evidence a lack of good faith and an ability to manipulate the

bankruptcy system.

14. The filing of multiple bankruptcy petitions is part of a scheme to delay, hinder, and

defraud creditors that involved multiple bankruptcy filings affecting the Mobile Home.

15. Failure to lift the stay and allow Movant to take possession of the Mobile Home will

result in irreparable harm, loss and damage to Movant.

WHEREFORE, pursuant to 11 U.S.C. Section 362(d)(1) and (4), Movant respectfully

requests that the automatic stay in effect pursuant 11 U.S.C. Section 362 be terminated as to it in

order that it may protect its interests and that such relief shall be binding in any other case under

the Bankruptcy Code with respect to the Mobile Home for two years, and for such other and

further relief as is just.

VANDERBILT MORTGAGE AND

FINANCE, INC., as Successor Servicing Agent to

The Bank of New York Mellon, as Trustee

By: /s/ Richard C. Maxwell

Of Counsel

Richard C. Maxwell, Esq. (VSB #23554)

Woods Rogers PLC

P.O. Box 14125

Roanoke, VA 24038-4125

Telephone: 540-983-7600

Facsimile: 540-983-7711

Email: rmaxwell@woodsrogers.com

Counsel for Movant

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CERTIFICATE OF SERVICE

I hereby certify that on the 19th day of July, 2016, the foregoing was filed electronically

with the U.S. Bankruptcy Court, was served electronically on those parties who are CM/ECF

participants, and was served by U.S. Postal Service on those parties who are non-CM/ECF

participants. The foregoing was served on:

Lakeisha D. Seldon

214 Hazard Road

Heathsville, VA 22473

Pia J. North, Esq.

North Law

5913 Harbour Park Drive

Midlothian, VA 23112

Carl M. Bates, Trustee

P.O. Box 1819

Richmond, VA 23218

/s/ Richard C. Maxwell

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