IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

In re:

RONALDA MIRANDA JOHNSON-MARBRA

PKA RONALDA M JOHNSON-COLEMAN, CHAPTER 13

DEBTOR. CASE NO. 19-36591-KLP

BAYVIEW LOAN SERVICING, LLC, A DELAWARE

LIMITED LIABILITY COMPANY,

MOVANT,

vs.

RONALDA MIRANDA JOHNSON-MARBRA

and SUZANNE E. WADE, TRUSTEE,

RESPONDENTS.

ORDER GRANTING MODIFICATION OF STAY

The Motion of the Movant, Bayview Loan Servicing, LLC, a Delaware Limited Liability

Company, to amend the Automatic Stay having been properly served, and upon agreement by

Counsel,

It appears that Debtor is in possession of a certain real property located at 2808 Executive

Drive, Chester, VA 23831, and more particularly described as follows:

All that certain lot, piece or parcel of land, with the

improvements thereon and appurtenances thereto

belonging, lying and being in Bermuda Magisterial District,

Chesterfield County, Virginia and known and designated as

Lot 20, Section 1, John Tyler Woods, on a certain plat

entitled aJohn Tyler Woodso, made by J. K. Timmons and

Associates, dated June 13, 1990, recorded September 4,

1990 in the Clerk's Office of the Circuit Court of Chesterfield

County, Virginia in Plat Book 72, page 47 and 48, reference

to which plat is herby made for a more particularly

description of the property hereby conveyed.

This conveyance is made subject to the restrictions,

conditions, easements and agreements of record, if any, to

the extent that same may lawfully affect the above real

estate.

Being the same premises conveyed to Ronalda Miranda

	






			

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Johnson Coleman as sole surviving heir to the Estate of

Richard Coleman, Jr. by that List of Heirs/Real Estate

Affidavit recorded in Book 299 at Page 14 of the Chesterfield

County Records.

Property Address:

2808 Executive Drive

Chester, VA 23831

Tax ID#<redacted>

Upon consideration of the foregoing, it is ORDERED: 

1. Debtor shall resume making all future regular monthly installment

payments in the amount of $1,526.45, as they become due commencing

July 1, 2020 pending further notice from the Movant.

2. The Debtor shall file a Modified Chapter 13 Plan within 21 days from the

entry of this Order providing for cure of the post-petition arrearage

currently due to the Movant by making payment through the Office of the

Chapter 13 Trustee. Upon entry of this Order, Claim Number 10 of

Movant shall be deemed amended to include the post-petition arrears in

the amount of $11,389.70. The Trustee is authorized to disburse the

additional post-petition arrears to the Movant, and the Movant may, at its

option, file an amended or supplemental Proof of Claim to include the

post-petition arrearage set forth herein. The arrearage is calculated as

follows:

Number of 

Payments

From To Monthly Payment 

Amount

Total Payments

6 01/01/2020 06/01/2020 $1,526.45 $9,158.70

Motion For Relief ± Legal Fees & Cost $1,031.00

Bankruptcy Fee ± Proof of Claim $475.00

Bankruptcy Fee ± Plan Review $475.00

Bankruptcy Fee ± 410A Form Preparation $250.00

Less post-petition partial payments (suspense balance): ($0.00)

Total: $11,389.70

a. The arrearage amount set forth herein is contingent upon the

sufficient clearing of any previously applied post-petition funds.

b. All future payments made pursuant to the terms of this Order

should be forwarded to the following address until further notice:

Bayview Loan Servicing, LLC

4425 Ponce De Leon Blvd

5th Floor

Coral Gables, FL 33146

3. In the event that any payment required by this Order is not received by

the Movant within fifteen (15) days after it is due the Movant may mail a

Notice of Default to the Debtor by first class mail, postage prepaid (and,

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if it desires, also by certified or registered mail) with a copy to the Court,

Counsel for Debtor and the Chapter 13 Trustee by first class mail,

postage prepaid or by email at the same time as the Notice of Default is

mailed to the Debtor. The Notice of Default will state in simple and plain

language:

a. That the Debtor is in default in making at least one payment

required under this Order;

b. The date(s) and amount(s) of each payment missed and any late

charge or other fee necessary to cure the default;

c. The action necessary to cure the default, including any address

to which payments must be mailed;

d. That the Debtor or Trustee must take one of the following actions

within fourteen (14) days after the date of the mailing of the

Notice of Default:

i. Cure the default;

ii. File an objection with the Court stating that no default

exists; or

iii. File an objection with the Court stating any other reason

why an Order granting relief from the Automatic Stay

should not be entered;

e. That if the Trustee or Debtor do not take one of the actions set

forth in paragraph 3(d), the Movant may file a certificate that it has

complied with the terms of this Order and that the Court may grant

relief from the Automatic Stay without further notice to the Debtor;

and

f. That if the Automatic Stay is terminated, the collateral may be sold

at foreclosure.

If the Trustee or Debtor do not take one of the actions set forth in paragraph 3(d), the

Movant may submit a certificate stating that it has complied with the terms of this Order and that

neither the Trustee nor Debtor have taken one of the actions set forth in paragraph 3(d) and may

submit together with the certificate a draft Order terminating the Automatic Stay.

If the Trustee or Debtor files an objection to the Notice of Default, the Movant must set the

matter for hearing and give notice of the hearing to the Debtor, Counsel for Debtor and the Trustee.

At the hearing, the Court may terminate the stay or take other action appropriate to the

circumstances.

4. The provisions of this Order with respect to regular monthly installment

payments expire one year after the date of entry of this Order. In the

event of the default in payment of any regular monthly installment

payment due more than one year after the date of entry of this Order, the

Movant must obtain relief by filing a new motion for relief from stay with

appropriate notice and hearing.

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5. Until the automatic stay is terminated, Movant may not refuse to accept or

apply payments tendered by the Debtor, even if such payments are late or

in the incorrect amount. Should Movant, at its option, accept a non-timely

payment, it shall be without prejudice and shall not constitute a waiver of

any default or of any of its rights pursuant to any other provisions

contained within this Order.

6. The automatic stay is modified to permit the Noteholder or servicing agent

to send the Debtor any payment coupons, payment statements or

invoices, notices of late payment, notices of payment changes, notices of

servicing transfers, or any other notice, other than a notice of acceleration

or demand for payment of the entire balance, normally sent to customers

in the ordinary course of business, but otherwise such stay shall remain in

full force and effect until further order of the court.

7. Should the Debtor default pursuant to the terms contained herein, unless

otherwise ordered by this Court, Movant shall be entitled to reasonable

attorney's fees in the amount of $50.00 for the issuance of a Notice of

Default, and additional attorney's fees not to exceed $100.00, for issuance

of a Certificate of Default and preparation of an Order Terminating the

Automatic Stay.

8. In the event of a default which results in the granting of relief, the

Chapter 13 Trustee will be relieved of any and all obligation to remit

payment incident to the arrearages set forth in the Proof of Claim filed by

the Movant. 

DATED:



UNITED STATES BANKRUPTCY JUDGE

NOTICE OF JUDGMENT OR ORDER

Entered on Docket



I ask for this:

By: /s/JOHNIE R. MUNCY

Michael T. Freeman, Esquire, Bar No. 65460

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

Jun 12 2020

/s/ Keith L Phillips

Jun 12 2020

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jmuncy@siwpc.com

Counsel for Bayview Loan Servicing,

LLC, a Delaware Limited Liability

Company

Seen and Agreed:

/s/James E. Kane

James E. Kane

Counsel for Debtor

1313 East Cary Street,

P.O. Box 508

Richmond, VA 23218-0508

 /s/Suzanne E. Wade

Suzanne E. Wade

Chapter 13 Trustee

7202 Glen Forest Drive, Suite 202

Richmond, VA 23218-1780

19-36591-KLP

CERTIFICATE OF SERVICE

I hereby certify that this proposed Order is substantially in compliance with Standing Order

Number 10-2, with the Court's informal instructions and that it has been endorsed by all necessary

parties involved in this proceeding.

By: /s/JOHNIE R. MUNCY

Johnie R. Muncy, Esquire

Samuel I. White, P.C.

The Clerk shall mail a copy of the entered Order to the following:

Suzanne E. Wade

Chapter 13 Trustee

7202 Glen Forest Drive, Suite 202

Richmond, VA 23218-1780

James E. Kane

Counsel for Debtor

1313 East Cary Street,

P.O. Box 508

Richmond, VA 23218-0508

Ronalda Miranda Johnson-Marbra

Debtor

2808 Executive Drive

Chester, VA 23831

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