Kathryn Smits, Esq., Bar # 77337

Namrata Loomba, Esq., Bar # 87222

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

Alexandria Division

IN RE:

PETER AKWASI KUFOUR

Debtor

Chapter 7

Case No. 18-13328-BFK

HSBC BANK USA, NATIONAL 

ASSOCIATION AS TRUSTEE FOR 

DEUTSCHE ALT-A SECURITIES, INC. 

MORTGAGE PASS-THROUGH 

CERTIFICATES, SERIES 2007-1

Movant

v.

PETER AKWASI KUFOUR

106 BRIARWOOD COURT

STERLING, VA 20164

(Debtor)

H. JASON GOLD

NELSON MULLINS RILEY & 

SCARBOROUGH LLP

101 CONSTITUTION AVENUE, N.W.

SUITE 900

WASHINGTON, DC 20001

(Trustee)

Respondents

MOTION FOR RELIEF FROM AUTOMATIC STAY

HSBC Bank USA, National Association as Trustee for Deutsche Alt-A Securities, Inc. 

Mortgage Pass-Through Certificates, Series 2007-1 (“Movant”) by undersigned counsel, 

respectfully moves this Honorable Court to terminate the Automatic Stay as to the real property 

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located at 106 Briarwood Court, Sterling, VA 20164 (“Property”), and, as grounds therefore, 

states as follows:

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 October 3, 2018, the above named Debtor, Peter Akwasi Kufour (“Debtor”), 

filed in this court a Petition under Chapter 7 of the United States Bankruptcy Code. H. Jason 

Gold was appointed Chapter 7 Trustee.

3. On or about April 18, 2007, Peter A. Kufour executed and delivered to H&R 

Block Mortgage Corporation a Note in the amount of FOUR HUNDRED THIRTY-TWO 

THOUSAND DOLLARS AND NO CENTS ($432,000.00), plus interest at the adjustable rate of 

6.500% 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, Peter A. Kufour 

executed and delivered to H&R Block Mortgage Corporation a Deed of Trust dated April 18, 

2007, encumbering the real property (“Property”) described as:

which has the address of 106 Briarwood Court, Sterling, VA 20164. A copy of the Deed of Trust 

is attached as Exhibit B and incorporated herein.

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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. As of October 5, 2018, the Debtor owes an unpaid principal balance of 

$449,620.55 under the Note, plus additional accruing interest, late charges, attorneys’ fees and 

costs.

7. As of October 5, 2018, the Debtor is contractually due for January 1, 2010, which 

includes the following missed payments:

Number of 

Missed

Payments

From To Payment Amount Total Due

22 January 1, 2010 October 1, 2011 $2,818.36 $62,003.92

83 November 1, 2011 September 1, 2018 $3,544.06 $294,156.98

1 October 1, 2018 October 1, 2018 $3,676.26 $3,676.26

Suspense: ($0.00)

Total Payments Past Due: $359,837.16

8. The value of the property is $425,000.00, according to the Broker's Price Opinion. 

A Copy of the BPO is attached as Exhibit D and incorporated herein. 

9. The Debtor is in default under the Note.

10. The Debtor has not and cannot offer HSBC Bank USA, National Association as 

Trustee for Deutsche Alt-A Securities, Inc. Mortgage Pass-Through Certificates, Series 2007-1 

adequate protection of its interest in the Property, and HSBC Bank USA, National Association as 

Trustee for Deutsche Alt-A Securities, Inc. Mortgage Pass-Through Certificates, Series 2007-1 

avers it is not adequately protected. 

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11. As there is little to no equity in the Property, the Property is not necessary for an 

effective reorganization. Therefore, relief from stay is appropriate under § 362(d)(2) of the 

Bankruptcy Code to permit Movant to exercise its non-bankruptcy rights and remedies with 

respect to the Mortgage.

12. That the Debtor’s account delinquency and lack of equity in the Property 

constitute cause for relief from the automatic stay.

WHEREFORE, HSBC Bank USA, National Association as Trustee for Deutsche Alt-A 

Securities, Inc. Mortgage Pass-Through Certificates, Series 2007-1 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 106 Briarwood Court, Sterling, VA 20164, 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 

Debtor and/or Debtor’s 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. For such other relief as the Court deems proper.

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Date: _10/30/2018___

Respectfully submitted,

 /s/ Heather D. McGivern 

Kathryn Smits, Bar #77337

Namrata Loomba, Bar #87222

Heather D. McGivern, Bar #91767

Orlans PC

PO Box 2548

Leesburg, VA 20177

(703)777-7101

Attorneys for HSBC Bank USA, National 

Association as Trustee for Deutsche Alt-A 

Securities, Inc. Mortgage Pass-Through 

Certificates, Series 2007-1

ksmits@orlans.com

nloomba@orlans.com

hmcgivern@orlans.com

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CERTIFICATE OF SERVICE

The undersigned states that on October 30, 2018, 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:

H. Jason Gold

Nelson Mullins Riley & Scarborough LLP

101 Constitution Avenue, N.W., Suite 900

Washington, DC 20001

jason.gold@nelsonmullins.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:

Peter Akwasi Kufour

106 Briarwood Court

Sterling, VA 20164

Debtor 

 /s/ Heather D. McGivern

Kathryn Smits, Esquire

Namrata Loomba, Esquire

Heather D. McGivern, Esquire

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