Nisha R. Patel, Esquire

Counsel for Movant

Samuel I White, P.C.

Bar No. 83302

1804 Staples Mill Road

Suite 200

Richmond, VA 23230

(804) 290-4290

File No. 18477

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

In re:

COLETTE NMN MAPP, CHAPTER 13

DEBTOR. CASE NO. 17-30630-KRH

BANK OF AMERICA, N.A.,

MOVANT,

vs.

COLETTE NMN MAPP

and CARL M. BATES, TRUSTEE,

RESPONDENTS.

MOTION FOR RELIEF FROM THE AUTOMATIC STAY

(REAL PROPERTY LOCATED AT 2019 ROSEWOOD AVENUE, 

RICHMOND, VA 23220)

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: COLETTE NMN MAPP, 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 WITHIN FOURTEEN (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 MARCH 7, 2018 AT

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

RICHMOND, VA 23219, COURTROOM 5000.

Bank of America, N.A. (“ Movant” ) hereby moves this Court, pursuant to 11 U.S.C. 

§362, for relief from the automatic stay w ith respect to certain real property of the Debtor

having an address of 2019 Rosewood Avenue, Richmond, VA 23220 (the “ Property” ), for 

all purposes allow ed by the Note (defined below ), the Deed of Trust (defined below ), and 

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applicable law , including but not limited to the right to foreclose. 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 February 8, 2017.

3. The Debtor’s first Chapter 13 Plan (the “ first Plan” ) w as filed on February 8, 

2017 and scheduled for confirmation on April 26, 2017. After the Debtor missed her §341 

meeting of creditors on March 30, 2017, the Court entered an Order Dismissing Case on 

April 4, 2017. The Court subsequently granted the Debtor’s Motion to Vacate Dismissal 

and entered an Order reinstating the case on May 15, 2017. That Order also rescheduled 

the confirmation hearing on the first Plan for July 19, 2017. Both the Movant and the 

Chapter 13 Trustee filed Objections to Confirmation, and the Debtor filed an Amended Plan 

(the “ second Plan” ) on July 12, 2017. Again, the Movant and the Chapter 13 Trustee filed 

Objections to Confirmation of the second Plan. Both Objections w ere sustained, and the

Court entered an Order Denying Confirmation of the second Plan on August 30, 2017. The 

Debtor filed an Amended Plan (the “ third Plan” ) on September 19, 2017. The Movant filed 

an Objection to Confirmation, and the Court sustained the Objection and entered an Order 

Denying Confirmation of the third Plan on November 8, 2017. A hearing to consider 

confirmation of the Amended Plan filed on January 30, 2018 (the “ fourth Plan” ) is set for 

March 14, 2018.1

4. The Debtor has executed and delivered or is otherwise obligated w ith respect 

to that certain promissory note in the original principal amount of $74,095.00 (the “ Note” ). 

A copy of the Note is attached hereto as Exhibit A.

5. Pursuant to that certain Deed of Trust (the “ Deed of Trust” ), all obligations 

(collectively, the “ Obligations” ) of the Debtor under and w ith respect to the Note and the 

Deed of Trust are secured by the Property and the other collateral described in the Deed of 

Trust. The lien created by the Deed of Trust w as perfected by recording of the Deed of 

Trust in the office of the Clerk of the City of Richmond, Virginia. A copy of the recorded 

Deed of Trust is attached hereto as Exhibit B. 

6. The legal description of the Property is: 

ALL that certain piece or parcel of land in the City of Richmond, Virginia, situated 

on the southern line of Rosewood Avenue, between Meadow Street and Rowland 

Street, together with all the improvements on said parcel and appurtenances 

 

1

On February 1, 2018, the Court issued an Inquiry/General Checksheet to Counsel for the Debtor, as the fourth 

Plan w as not filed w ith a budget or properly completed proof of service. No budget or proof of service had been 

filed as of the date of filing of this Motion, so it is unclear w hether the Court w ill consider confirmation of the 

fourth Plan on March 14.

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thereto belonging, known by house No. 2019 Rosewood Avenue, and bounded 

as follows, to-wit:

Beginning on the southern line of Rosewood Avenue, at a point distant thereon 

Two Hundred Thirty-Two and Ninety Nine Hundredths (232.99) Feet westwardly 

from the western line of Meadow Street, and from said point of beginning 

running westwardly along and fronting on the southern line of Rosewood Avenue 

Eighteen and Eighteen Hundredths (18.18) feet, and from said front extending 

back southwardly, between lines parallel with the western line of Meadow Street 

(the eastern one of which parallel lines passes in part through a party wall in 

common between said house No. 2019 and the house No. 2017, adjoining 

immediately east thereof), One Hundred Ten (110) Feet to the northern line of an 

alley about Seventeen (17) Feet wide and parallel with the southern line of 

Rosewood Avenue.

Being the same real estate conveyed to grantor(s) by deed recorded immediately 

prior hereto.

7. As of February 13, 2018, the outstanding amount of Obligations less any 

partial payments or suspense balance is $155,181.11.

8. The follow ing chart sets forth the number and amount of post-petition 

payments due pursuant to the terms of the Note that have been missed by the Debtor as of

February 13, 2018: 

Number of Missed 

Payments

From To Monthly Payment 

Amount

Total Missed 

Payments

12 03/01/2017 02/01/2018 $523.02 $6,276.24

Total: $6,276.24

9. As of February 13, 2018, the total post-petition arrearage/delinquency is 

$8,076.24, consisting of (i) the foregoing total of missed post-petition payments in the 

amount of $6,276.24, plus (ii) the follow ing post-petition fees:2

Fee Description Amount

Objections to Plan $1500.00

Proof of Claim $300.00

10. In addition to the other amounts due to Movant reflected in this Motion, as 

of the date hereof, in connection w ith seeking the relief requested in this Motion, Movant 

has also incurred $1,031.00 in legal fees and costs.

11. The estimated value of the Property is $186,000.00. The basis for such 

valuation is: Tax Assessment, a copy of w hich is attached hereto as Exhibit C.

12. Cause exists for relief from the automatic stay for the follow ing reasons: 

 

2

The total of missed post-petition payments for this impounded loan include any missed escrow payments. Such 

missed escrow payments include amounts assessed for taxes and insurance and any previously assessed escrow 

shortage amount (if applicable). To avoid duplication, post-petition advances (if any) made for insurance, real 

estate taxes, or similar charges are not listed separately to t he extent such advances w ould have been paid from 

the missed escrow payments. As part of the next annual RESPA analysis, the Bank w ill determine w hether the 

escrow payments assessed to the debtor (including the missed escrow payments) result in a projected escrow 

shortage or overage. All rights are hereby reserved to assert or request any escrow amounts in accordance w ith 

RESPA and the total post-petition arrearage/delinquency is qualified accordingly.

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

ii. Post-petition payments have not been made to Movant.

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

the stay and granting the follow ing:

1. Relief from the stay for all purposes allow ed by law, the Note, and the Deed 

of Trust, and applicable law , including but not limited to allow ing Movant to proceed under 

applicable non-bankruptcy law to enforce its remedies to foreclose upon and obtain 

possession of the Property and any and all other collateral pledged under the Deed of Trust.

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

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

Movant further requests that upon entry of an order granting relief from stay, it be 

exempted from further compliance w ith Fed. Rule Bankr. P. 3002.1 in the instant 

bankruptcy case.

Dated: February 14, 2018

BANK OF AMERICA, N.A.

By: /s/ Nisha R. Patel

Eric D. White, Esquire, Bar No. 21346

Michael T. Freeman, Esquire, Bar No. 65460

Brandon R. Jordan, Esquire, Bar No. 72170

Johnie R. Muncy, Esquire, Bar No. 73248

Nisha R. Patel, Esquire, Bar No. 83302

Samuel I. White, P.C.

1804 Staples Mill Road, Suite 200

Richmond, VA 23230

Tel.: (804) 290-4290

Fax: (804) 290-4298

npatel@siwpc.com

CERTIFICATE OF SERVICE

I certify that on February 14, 2018, the foregoing Notice and Motion were served via 

CM/ECF on Carl M. Bates, Trustee and Richard C. Devor, Jr., 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 Colette NMN Mapp, Debtor, P.O. Box 60535, Washington, DC 20011.

/s/ Nisha R. Patel

Nisha R. Patel, Esquire

Samuel I. White, P. C.

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