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:

ROBERT E. DAVIS

MARY B. DAVIS

Debtors

Chapter 13

Case No. 18-35927-KRH

WILMINGTON TRUST, NATIONAL 

ASSOCIATION, NOT IN ITS INDIVIDUAL 

CAPACITY, BUT SOLELY AS TRUSTEE 

FOR MFRA TRUST 2015-1

Movant

v.

ROBERT E. DAVIS

14200 KEY DEER DR.

MIDLOTHIAN, VA 23112

MARY B. DAVIS

14200 KEY DEER DR.

MIDLOTHIAN, VA 23112

(Debtors)

CARL M. BATES

P. O. BOX 1819

RICHMOND, VA 23218

(Trustee)

Respondents

MOTION FOR RELIEF FROM AUTOMATIC STAY

Wilmington Trust, National Association, not in its individual capacity, but solely as 

trustee for MFRA Trust 2015-1 (“Movant”) by undersigned counsel, respectfully moves this 

Honorable Court to terminate the Automatic Stay as to the real property located at 14200 Key 

Deer Drive, Midlothian, VA 23112 (“Property”), and, as grounds therefore, states as follows:

Case 18-35927-KRH Doc 40 Filed 05/20/19 Entered 05/20/19 10:58:39 Desc Main

 Document Page 1 of 6
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).

2. On November 27, 2018, the above named Debtors, Robert E. Davis and Mary B. 

Davis (“Debtors”), filed in this court a Petition under Chapter 13 of the United States Bankruptcy 

Code. Carl M. Bates was appointed Chapter 13 Trustee.

3. On or about September 29, 2004, Robert E. Davis and Mary B. Davis 

(collectively the “Obligors”) executed and delivered to C&F Mortgage Corporation a Note in the 

amount of ONE HUNDRED FORTY-FOUR THOUSAND FIVE HUNDRED DOLLARS AND 

NO CENTS ($144,500.00), plus interest at the fixed rate of 6.375% 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, Robert E. Davis and 

Mary B. Davis executed and delivered to C&F Mortgage Corporation a Deed of Trust dated 

September 29, 2004, encumbering the real property (“Property”) described as:

Case 18-35927-KRH Doc 40 Filed 05/20/19 Entered 05/20/19 10:58:39 Desc Main

 Document Page 2 of 6
which has the address of 14200 Key Deer Drive, Midlothian, VA 23112. The Deed of Trust was 

recorded in the Clerk’s Office of Chesterfield on October 4, 2004. A copy of the Deed of Trust is 

attached as Exhibit B and incorporated herein.

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. The Debtors agreed to permanent modifications of the loan described above. The 

loan modifications are attached as Exhibit D and incorporated herein.

7. As of April 22, 2019, the Debtors owe an unpaid principal balance of $146,970.30 

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

8. As of April 22, 2019, the Debtors are post-petition due for December 1, 2018, 

which includes the following missed payments:

Number of 

Missed 

Payments

From To Payment Amount Total Due

5 December 1, 2018 April 1, 2019 $1,076.48 $5,382.40

Suspense: ($0.00)

Total Payments Past Due: $5,382.40

9. The value of the property is $191,500.00, according to the Debtors’ Schedule "A". 

10. The Debtors are in default under the Note.

11. The Debtors have not and cannot offer Wilmington Trust, National Association, 

not in its individual capacity, but solely as trustee for MFRA Trust 2015-1 adequate protection of 

its interest in the Property, and Wilmington Trust, National Association, not in its individual 

capacity, but solely as trustee for MFRA Trust 2015-1 avers it is not adequately protected. 

Case 18-35927-KRH Doc 40 Filed 05/20/19 Entered 05/20/19 10:58:39 Desc Main

 Document Page 3 of 6
12. That the Debtors’ account delinquency constitute cause for relief from the 

automatic stay.

WHEREFORE, Wilmington Trust, National Association, not in its individual capacity, 

but solely as trustee for MFRA Trust 2015-1 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 14200 Key 

Deer Drive, Midlothian, VA 23112, 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 

Debtors and/or Debtors’ 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.

Case 18-35927-KRH Doc 40 Filed 05/20/19 Entered 05/20/19 10:58:39 Desc Main

 Document Page 4 of 6
Date: _5/20/2019___

Respectfully submitted,

 /s/ Heather D. McGivern 

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 Wilmington Trust, National 

Association, not in its individual capacity, but 

solely as trustee for MFRA Trust 2015-1

hgreen@orlans.com

ksmits@orlans.com

hmcgivern@orlans.com

Case 18-35927-KRH Doc 40 Filed 05/20/19 Entered 05/20/19 10:58:39 Desc Main

 Document Page 5 of 6
CERTIFICATE OF SERVICE

The undersigned states that on May 20, 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:

Carl M. Bates

P. O. Box 1819

Richmond, VA 23218

station01@richchap13.com

Bankruptcy Trustee

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:

Robert E. Davis

14200 Key Deer Dr.

Midlothian, VA 23112

Debtor

Mary B. Davis

14200 Key Deer Dr.

Midlothian, VA 23112

Debtor

 /s/ Heather D. McGivern

Hugh Green, Esquire

Kathryn Smits, Esquire

Heather D. McGivern, Esquire

Case 18-35927-KRH Doc 40 Filed 05/20/19 Entered 05/20/19 10:58:39 Desc Main

 Document Page 6 of 6