S&B# 19-284206 

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

ALEXANDRIA DIVISION

IN RE:

SUHAGI DAVE

AND

VASHISHTHA DAVE

Debtors 

Address: 3075 Techumseh Court

Woodbridge, VA 22192

3075 Techumseh Court

Woodbridge, VA 22192

Last four digits of Social Security No.(s): XXX-XX-9702 and 

XXX-XX-6837

BCN #: 19-11952-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: November 20, 2019 at 

9:30 AM in Courtroom I, United States Bankruptcy Court, 200 South Washington Street, 

Alexandria, VA 22314. 

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.

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S&B# 19-284206 

SHAPIRO & BROWN, LLP Dated: October 25, 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

Mary F. Balthasar Lake, Esquire VSB #34899

Nicole McKenzie, Esquire VSB #93990

SHAPIRO & BROWN, LLP

501 Independence Parkway, Suite 203

Chesapeake, Virginia 23320

(703) 449-5800

VABECF@logs.com

CERTIFICATE OF SERVICE 

I certify that I have this 25th day of October, 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:

Ashvin Pandurangi

AP Law Group, PLC

211 Park Ave.

Falls Church, VA 22046

Kevin R. McCarthy

McCarthy & White, PLLC

8508 Rehoboth Ct.

Vienna, VA 22182

Suhagi Dave

3075 Techumseh Court

Woodbridge, VA 22192

Vashishtha Dave

3075 Techumseh Court

Woodbridge, VA 22192

/s/ Nicole McKenzie

Gregory N. Britto, Esquire VSB #23476

Malcolm B. Savage, III, Esquire VSB #91050

William M. Savage, Esquire VSB #26155

Mary F. Balthasar Lake, Esquire VSB #34899

Nicole McKenzie, Esquire VSB #93990

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S&B# 19-284206

United States Bankruptcy Court

Eastern District of Virginia

Alexandria Division

In Re: 

Suhagi Dave and Vashishtha Dave 

Debtors

BCN#: 19-11952-BFK

Chapter: 7

Deutsche Bank National Trust Company, As 

Trustee For IndyMac IMSC Mortgage Loan 

Trust 2007-AR1, Mortgage Pass-Through 

Certificates Series 2007-AR1

Movant/Secured Creditor,

Motion for Order Granting Relief from 

Automatic Stay under 11 USC §362

v.

Suhagi Dave and Vashishtha Dave 

Debtors

and

Kevin R. McCarthy 

Trustee

Respondents

Deutsche Bank National Trust Company, As Trustee For IndyMac IMSC Mortgage Loan 

Trust 2007-AR1, Mortgage Pass-Through Certificates Series 2007-AR1, 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 12, 2019.

3. That Kevin R. McCarthy has been appointed by this Court as the Chapter 7 

Trustee in this instant Bankruptcy proceeding.

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

Property”) with the address of 3075 Tecumseh Ct, Woodbridge, VA 22192 and more particularly 

described in the Deed of Trust dated March 12, 2007 and recorded as Deed Instrument Number 

200703150032076 among the land records of the said city/county, as:

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Lot Sixty-One "A" (61-A), as the same is shown on a plat entitled Resubdivision 

Plat Section Eleven "E" (11¬E), LAKERIDGE, as the same is duly dedicated, 

platted and recorded in Deed Book 948 at Page 683, among the Land Records of 

Prince William County, Virginia.

Being the same property as described in that Deed dated August 29, 2000, and 

recorded in the Clerk's Office of the Circuit Court of the Prince William County, 

Virginia, in Deed Book 2948, Page 1388, which was granted and conveyed by 

Household Bank, FSB unto Suhagi Dave.

HAVING a street address of: 3075 Tecumseh Court, Woodbridge, VA 22192

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 Deed of Trust. 

As of October 1, 2019, the Debtors are due for:

o 3 monthly payments from July 2019 through September 2019 of $817.37 each 

which were to be paid directly to Movant;

o 1 monthly payments from October 2019 through October 2019 of $828.76 each 

which were to be paid directly to Movant;

o Accrued Late Charges of $492.83

o Recoverable Balance of $26.50

o Suspense Balance of -$812.96

o Bankruptcy Fees of $750.00

o Bankruptcy Costs of $181.00

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

respect to the Deed of Trust, but is prevented by the Automatic Stay from going forward with 

these proceedings.

8. 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.

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9. That the Movant has requested that the Court hear this matter on November 20, 

2019 at 9:30 AM.

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 Deed of Trust, 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: October 25, 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

Mary F. Balthasar Lake, Esquire

VSB #34899

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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Certificate of Service

I certify that I have this 25th day of October, 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. 

Ashvin Pandurangi

AP Law Group, PLC

211 Park Ave.

Falls Church, VA 22046

Kevin R. McCarthy

McCarthy & White, PLLC

8508 Rehoboth Ct.

Vienna, VA 22182

Suhagi Dave

3075 Techumseh Court

Woodbridge, VA 22192

Vashishtha Dave

3075 Techumseh Court

Woodbridge, VA 22192

/s/ Nicole McKenzie

Gregory N. Britto, Esquire

VSB #23476

Malcolm B. Savage, III, Esquire

VSB #91050

William M. Savage, Esquire

VSB #26155

Mary F. Balthasar Lake, Esquire

VSB #34899

Nicole McKenzie, Esquire

VSB #93990

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