Johnie R. Muncy, Esquire

Counsel for Movant

Samuel I White, P.C.

Bar No. 73248

1804 Staples Mill Road

Suite 200

Richmond, VA 23230

(804) 290-4290

File No. 66807

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

ALEXANDRIA DIVISION

In re:

WALLACE CHITTENDEN LYON, III, CHAPTER 7

DEBTOR. CASE NO. 19-11935-KHK

PINGORA LOAN SERVICING, LLC,

MOVANT,

vs.

WALLACE CHITTENDEN LYON, III

and DONALD F. KING, TRUSTEE,

RESPONDENTS.

MOTION FOR RELIEF FROM THE AUTOMATIC STAY

(REAL PROPERTY LOCATED AT 5900 BOSTON DRIVE, FALLS CHURCH, VA 22041)

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: WALLACE CHITTENDEN LYON, III, DEBTOR

DONALD F. KING, 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 WITHINFOURTEEN (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 AUGUST 21, 2019

AT 9:30 AM IN THE U.S. BANKRUPTCY COURT, ALEXANDRIA DIVISION, 200 S. 

WASHINGTON STREET, ALEXANDRIA, VA 22314, COURTROOM III.

Pingora Loan Servicing, LLC (“Movant”) hereby moves this Court, pursuant to 11 U.S.C. 

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

an address of 5900 Boston Drive, Falls Church, VA 22041 (the “Property”), for all purposes 

allowed by the Note (defined below), the Deed of Trust (defined below),and applicable law, 

including but not limited to the right to foreclose. In further support of this Motion, Movant 

respectfully states:

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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 7 of the United States Bankruptcy Code was filed with 

respect to the Debtor on June 11, 2019.

3. The Debtor has executed and delivered or is otherwise obligated with respect to 

that certain promissory note in the original principal amount of $550,933.00 (the “Note”). A copy 

of the Note is attached hereto as Exhibit A.

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

(collectively, the “Obligations”) of the Debtor under and with 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 was perfected by recording of the Deed of Trust in the office of 

the Clerk of the County of Fairfax, Virginia. A copy of the recorded Deed of Trust is attached 

hereto as Exhibit B. 

5. The legal description of the Property is: 

ALL THE FOLLOWING-DESCRIBED LOT OR PARCEL OF LAND 

TOGETHER WITH IMPROVEMENTS THEREON, SITUATE, LYING 

AND BEING IN THE CITY OF FALLS CHURCH, COUNTY OF 

FAIRFAX, COMMONWEALTH OF VIRGINIA:

LOT SIX HUNDRED ELEVEN (611), BLOCK THREE-A (3-A), 

SECTION FIVE (5), AND A RESUBDIVISION OF LOT TWENTY EIGHT 

(28), GLEN ACRES SUBDIVISION; LOTS TEN (10) AND FIVE 

HUNDRED ELEVEN (511), BLOCK THREE (3), SECTION TWO (2); 

LOT THIRTEEN (13), FOURTEEN (14), AND OUT OF LOT A, BLOCK 

THREE (3), SECTION FOUR (4), GLEN FOREST SUBDIVISION, AS 

THE SAME IS DULY DEDICATED, PLATTED AND RECORDED IN 

DEED BOOK 1559 AT PAGE 440 OF THE LAND RECORDS OF 

FAIRFAX COUNTY, VIRGINIA.

P.I.D#: <REDACTED>

6. Flagstar Bank, FSB is servicing agent for the Movant.

7. The Debtor’s Statement of Intention indicates the Property is to be surrendered.

8. As of July 19, 2019, the unpaid principal balance due is $540,133.15 and the 

approximate outstanding amount of Obligations less any partial payments or suspense balance is 

$594,005.54.

9. The following chart sets forth the number and amount of payments due pursuant 

to the terms of the Note as of July 19, 2019: 

Number of 

Payments

From To Monthly Payment 

Amount

Total Payments

12 09/01/2017 08/01/2018 $3,034.95 $36,419.40

11 09/01/2018 07/01/2019 $3,082.70 $33,909.70

Less partial payments: ($0.00)

Total: $70,329.10

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10. As of July 19, 2019, the total arrearage/delinquency is $75,649.00, consisting of 

(i) the foregoing total of payments in the amount of $70,329.10, plus (ii) the following fees:

Fee Description Amount

Late Charges $607.00

Property Inspections $266.25

Appraisal/BPO $575.00

Foreclosure Fees and Costs $3,871.64

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

date hereof, in connection with seeking the relief requested in this Motion, Movant has also 

incurred $831.00 in legal fees and costs.

12. The estimated value of the Property is $528,810.00. The basis for such valuation 

is: Tax Assessment, a copy of which is attached hereto as Exhibit C.

13. Cause exists for relief from the automatic stay for the following reasons: 

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

ii. Pursuant to 11 U.S.C. §362(d)(2)(A), the Debtor has no equity in the 

Property; and pursuant to §362(d)(2)(B), the Property is not necessary 

for an effective reorganization.

WHEREFORE, Movant prays that this Court issue an Order terminating or modifying the 

stay and granting the following:

1. Relief from the stay for all purposes allowed by applicable law, the Note, and the 

Deed of Trust, including but not limited to allowing Movant to proceed under applicable nonbankruptcy 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 waived.

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

Dated: July 23, 2019

PINGORA LOAN SERVICING, LLC

By:/s/JOHNIE R. MUNCY

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

jmuncy@siwpc.com

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CERTIFICATE OF SERVICE

I certify that on July 23, 2019, the foregoing Motion was served via CM/ECF on Donald F. 

King, Trustee, and Jeffery T. Martin, 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 Wallace 

Chittenden Lyon, III, Debtor, 5900 Boston Drive, Falls Church, VA 22041.

/s/JOHNIE R. MUNCY

Johnie R. Muncy, Esquire

Samuel I. White, P. C.

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