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. 43120

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

ALEXANDRIA DIVISION

In re:

SANDEEP VARDAN

FDBA CARDIOMED PLLC, CHAPTER 11

DEBTOR. CASE NO. 17-12912-BFK

BANK OF AMERICA, N.A.,

MOVANT,

vs.

SANDEEP VARDAN, FDBA CARDIOMED PLLC,

RESPONDENTS.

MOTION FOR RELIEF FROM THE AUTOMATIC STAY

(REAL PROPERTY LOCATED AT 3409 MEYER WOODS LANE, 

FAIRFAX, VA 22033)

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: SANDEEP VARDAN, DEBTOR

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 OCTOBER 18, 2017

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

WASHINGTON STREET, ALEXANDRIA, VA 22314, COURTROOM III, 3RD FLOOR.

Bank of America, N.A. (“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 3409 Meyer Woods Lane, Fairfax, VA 22033 (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. A petition under Chapter 11 of the United States Bankruptcy Code was filed with 

respect to the Debtor on August 28, 2017.

2. The Debtor Sandeep Vardan and Non-filing debtor Bobbie U. Vardan have

executed and delivered or are otherwise obligated with respect to that certain promissory note in 

the original principal amount of $1,000,000.00 (the “Note”). A copy of the Note is attached hereto 

as Exhibit A.

3. 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.

4. The legal description of the Property is: 

Lot 10, THOMPSON ROAD PROPERTY, (OAK HILL RESERVE II), as 

the same appears duly dedicated, platted and recorded in Deed 

Book 16579 at Page 1676, among the land records of Fairfax 

County, Virginia.

5. Wells Fargo Bank, N.A. is servicing agent for the Movant.

6. As of September 11, 2017, the unpaid principal balance due is $1,000,000.00

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

$1,085,671.12.

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

to the terms of the Note as of September 11, 2017: 

Number of 

Payments

From To Monthly Payment 

Amount

Total Payments

6 04/01/2016 09/01/2016 $3,793.09 $22,758.54

1 10/01/2016 10/01/2016 $6,965.05 $6,965.05

10 11/01/2016 08/01/2017 $7,014.30 $70,143.00

1 09/01/2017 09/01/2017 $7,674.86 $7,674.86

Less partial payments: ($0.00)

Total: $107,541.45

8. As of September 11, 2017, the total arrearage/delinquency is $109,165.95, 

consisting of (i) the foregoing total of payments in the amount of $107,541.45, plus (ii) the 

following fees:

Fee Description Amount

Foreclosure Fees and Costs $1,624.50

9. The estimated value of the Property is $1,500,000.00. The basis for such 

valuation is: Debtor's Schedules, a copy of which is attached hereto as Exhibit C.

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

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

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: September 18, 2017

BANK OF AMERICA, N.A.

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

CERTIFICATE OF SERVICE

I certify that on September 18, 2017, the foregoing Motion was served via CM/ECF on the 

Office of the US Trustee, at the email address registered with the Court, and that a true copy was 

mailed via first class mail, postage prepaid, to Sandeep Vardan, Pro Se Debtor, P.O. Box 25, Great 

Falls, VA 22066; and to the 20 largest unsecured creditors on the Debtor’s mailing matrix, as listed 

on the attached mailing list.

/s/JOHNIE R. MUNCY

Johnie R. Muncy, Esquire

Samuel I. White, P. C.

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