S&B# 19-282771 

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

ALEXANDRIA DIVISION

IN RE:

PHILLIP T JACKSON

AND

ELIZABETH A KOLB JACKSON AKA ELIZABETH K 

JACKSON

Debtors 

Address: 1083 Mountain View Road

Fredericksburg, VA 22406

1083 Mountain View Road

Fredericksburg, VA 22406

Last four digits of Social Security No.(s): XXX-XX-2253 and 

XXX-XX-8516

BCN #: 19-12134-BFK

Chapter: 7

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 this motion, or if you want the 

Court to consider your views on this 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 at 

the following address: Clerk of Court, United States Bankruptcy Court, 200 South Washington 

Street, Alexandria, VA 22314, and serve a copy on the Movant. Unless a written response is filed 

and served within this fourteen day period, the Court may deem any 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 day period.

You may attend the preliminary hearing scheduled to be held on: August 14, 2019 at 9:30 

AM in Courtroom I, United States Bankruptcy Court, 200 South Washington Street, Alexandria, 

VA 22314. 

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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 the requested relief.

SHAPIRO & BROWN, LLP Dated: July 11, 2019

ATTORNEYS FOR THE MOVANT

/s/ Nicole McKenzie_______________

BY: Gregory N. Britto, Esquire

VSB #23476

Malcolm B. Savage, III, Esquire

VSB #91050

William M. Savage, Esquire

VSB #26155

Thomas J. Gartner, Esquire

VSB #79340

Mary F. Balthasar Lake, Esquire

VSB #34899

Renee Dyson, Esquire

VSB #93282

Nicole McKenzie, Esquire

VSB #93990

SHAPIRO & BROWN, LLP

501 Independence Parkway, Suite 203

Chesapeake, Virginia 23320

(703) 449-5800

VABECF@logs.com

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S&B# 19-282771 

CERTIFICATE OF SERVICE 

I certify that I have this 11th day of July, 2019, electronically transmitted and/or mailed by 

first class mail, postage pre-paid, a true copy of the foregoing Notice of Motion to the following:

Tommy Andrews, Jr.

Tommy Andrews, Jr. P.C.

122 N. Alfred St.

Alexandria, VA 22314

H. Jason Gold

Nelson Mullins Riley & Scarborough LLP

101 Constitution Avenue, N.W. Suite 900

Washington, DC 20001

Phillip T Jackson

1083 Mountain View Road

Fredericksburg, VA 22406

Elizabeth A Kolb Jackson

1083 Mountain View Road

Fredericksburg, VA 22406

/s/ Nicole McKenzie

Gregory N. Britto, Esquire

VSB #23476

Malcolm B. Savage, III, Esquire

VSB #91050

William M. Savage, Esquire

VSB #26155

Thomas J. Gartner, Esquire

VSB #79340

Mary F. Balthasar Lake, Esquire

VSB #34899

Renee Dyson, Esquire

VSB #93282

Nicole McKenzie, Esquire

VSB #93990

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S&B# 19-282771

United States Bankruptcy Court

Eastern District of Virginia

Alexandria Division

In Re: 

Phillip T Jackson and Elizabeth A Kolb 

Jackson a/k/a Elizabeth K Jackson 

Debtors

BCN#: 19-12134-BFK

Chapter: 7

Nationstar Mortgage LLC d/b/a Mr. Cooper

Movant/Secured Creditor,

Motion for Order Granting Relief from 

Automatic Stay under 11 USC §362

v.

Phillip T Jackson and Elizabeth A Kolb Jackson 

Debtors

and

H. Jason Gold 

Trustee

Respondents

Nationstar Mortgage LLC d/b/a Mr. Cooper, and/or present noteholder, (hereinafter “the 

Movant”), alleges as follows:

1. That the bankruptcy court has jurisdiction over this contested matter pursuant to 

28 U.S.C. § 157 and § 1334 and 11 U.S.C. § 362; Federal Rule of Bankruptcy Procedure 9014; 

and Local Bankruptcy Rule 4001(a)-1.

2. That the above named Debtors filed a Chapter 7 Petition in Bankruptcy with this 

Court on June 28, 2019.

3. That H. Jason Gold has been appointed by this Court as the Chapter 7 Trustee in 

this instant Bankruptcy proceeding.

4. That the subject Mortgage secures a parcel of real property (hereinafter “the 

Property”) with the address of 2581 Jerico Road, Sumter, SC 29153 and more particularly 

described in the Mortgage dated June 16, 2006 and recorded as Deed Book 1035, Page 0058 

among the land records of the said city/county, as:

That lot of land with the improvements thereon situate in Providence Township 

School District Two, Sumter County, South Carolina, represented as Lot 5A 

(containing 1.75 acres) on plat of Joseph R. Edwards, R.L.S. dated October 28, 

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1997 and recorded in the Sumter County RMC Office in Plat Book 97 at Page 

1313. 

Aforesaid Plat is specifically incorporated herein and reference is craved thereto 

for a more complete and accurate description of the metes, bounds, courses and 

distances of the property concerned herein. This description is in lieu of metes and 

bounds, as permitted by law under Section 30-5-250 of the 1976 Code of Laws of 

South Carolina, as amended. Be all of said measurements, a little more or a little 

less, and according to said plat.

This being the same property conveyed to Phillip T. Jackson and Elizabeth K. 

Jackson by Survivorship deed of Phillip Andy Smith dated July 21, 2000 and filed 

in the Sumter County Register of Deeds Office on July 24, 2000 in Volume 777 at 

Page 1816.

Also, That lot of land with the improvements thereon situate in Providence 

Township School District Two, Sumter County, South Carolina, represented as 

Lot 5B (containing 2.0 acres) on plat of Joseph R. Edwards, R.L.S. dated October 

28, 1997 and recorded in the Sumter County RMC Office in Plat Book 97 at Page 

1313. 

Aforesaid Plat is specifically incorporated herein and reference is craved thereto 

for a more complete and accurate description of the metes, bounds, courses and 

distances of the property concerned herein. This description is in lieu of metes and 

bounds, as permitted by law under Section 30-5-250 of the 1976 Code of Laws of 

South Carolina, as amended. Be all of said measurements, a little more or a little 

less, and according to said plat.

This being the same property conveyed to Phillip T. Jackson and Elizabeth K. 

Jackson by General Warranty deed of Robert L. Sisson dated March 13, 2006 and 

filed in the Sumter County Register of Deeds Office on July 20, 2000 in Volume 

777 at Page 1821.

5. That the Movant is informed and believes, and, based upon such information and 

belief, alleges that title to the Property is currently vested in the name of the Debtors.

6. That the Debtors are in default with regard to payments which have become due 

under the terms of the Note and Mortgage. 

As of July 3, 2019 the Debtors are due for:

o 12 monthly payments from April 2018 through March 2019 of $1,163.79 each 

which were to be paid directly to Movant;

o 4 monthly payments from April 2019 through July 2019 of $1,140.46 each which 

were to be paid directly to Movant;

o Bankruptcy Fees of $750.00

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o Bankruptcy Costs of $181.00

7. Movant has elected to initiate foreclosure proceedings on the Property with 

respect to the Mortgage, but is prevented by the Automatic Stay from going forward with these 

proceedings.

8. That the Movant is informed and believes, and, based upon such information and 

belief, alleges that the Debtors have little or no equity in the property.

9. That continuation of the automatic stay pursuant to 11 U.S.C. § 362(a) will work 

real and irreparable harm and deprive the Movant of the adequate protection to which it is 

entitled under 11 U.S.C. § 362.

10. That the Movant has requested that the Court hear this matter on August 14, 2019

at 9:30 AM.

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WHEREFORE, Movant prays for an order granting relief from the Automatic Stay in 

order to pursue its remedies under the terms of its Note and Mortgage, that the fourteen (14) day 

waiting period imposed by F.R.B.P. 4001(a)(3) be waived, for its attorneys fees’ and costs 

expended, and for such other and further relief as the Court and equity deem appropriate.

SHAPIRO & BROWN, LLP Dated: July 11, 2019

ATTORNEYS FOR THE MOVANT

/s/ Nicole McKenzie__________________

BY: Gregory N. Britto, Esquire

VSB #23476

Malcolm B. Savage, III, Esquire

VSB #91050

William M. Savage, Esquire

VSB #26155

Thomas J. Gartner, Esquire

VSB #79340

Mary F. Balthasar Lake, Esquire

VSB #34899

Renee Dyson, Esquire

VSB #93282

Nicole McKenzie, Esquire

VSB #93990

SHAPIRO & BROWN, LLP

501 Independence Parkway, Suite 203

Chesapeake, Virginia 23320

(703) 449-5800

VABECF@logs.com

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S&B# 19-282771

Certificate of Service

I certify that I have this 11th day of July, 2019, electronically transmitted and/or mailed by 

first class mail, true copies of the Motion for Relief from the Automatic Stay and Notice of 

Motion and Hearing to each party required to receive notice. 

Tommy Andrews, Jr.

Tommy Andrews, Jr. P.C.

122 N. Alfred St.

Alexandria, VA 22314

H. Jason Gold

Nelson Mullins Riley & Scarborough LLP

101 Constitution Avenue, N.W. Suite 900

Washington, DC 20001

Phillip T Jackson

1083 Mountain View Road

Fredericksburg, VA 22406

Elizabeth A Kolb Jackson

1083 Mountain View Road

Fredericksburg, VA 22406

/s/ Nicole McKenzie

Gregory N. Britto, Esquire

VSB #23476

Malcolm B. Savage, III, Esquire

VSB #91050

William M. Savage, Esquire

VSB #26155

Thomas J. Gartner, Esquire

VSB #79340

Mary F. Balthasar Lake, Esquire

VSB #34899

Renee Dyson, Esquire

VSB #93282

Nicole McKenzie, Esquire

VSB #93990

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