BWW#:VA-133165

___________________________ 

Lauren French, VSB# 85478

8100 Three Chopt Rd.

Suite 240

Richmond, VA 23229 

(804) 282-0463(Phone)

Attorney for the Movant

UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division

IN RE:

KIM TIRRELL GILLIAM

Debtor

_______________________________

WELLS FARGO BANK, NA

Movant

v.

KIM TIRRELL GILLIAM

Debtor/Respondent

and

KAREN J. GILLIAM

Co-Debtor/Co-Respondent

and

SUZANNE E. WADE

Trustee/Respondent

Case No. 17-33929-KRH

Chapter 13

MOTION FOR RELIEF FROM AUTOMATIC STAY AND CO-DEBTOR STAY 

PURSUANT TO 11 U.S.C. § 1301(c)(3)

Wells Fargo Bank, NA (“Movant”) hereby moves this Court, pursuant to 11 U.S.C. § 

362, for relief from the automatic stay, and pursuant to 11 U.S.C. § 1301(c)(3), for relief from 

the Co-Debtor stay, with respect to certain real property of the Debtor having an address of 4100 

Fallen Pine Court, Colonial Heights, VA 23834 (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:

1. The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 1334 & 157.

2. A petition under Chapter 13 of the United States Bankruptcy Code was filed with 

respect to the Debtor on August 4, 2017.

3. A Chapter 13 Plan was confirmed on October 23, 2019.

4. The Debtor, Kim T. Gilliam, and Co-Debtor, Karen J. Gilliam, have executed and 

delivered or are otherwise obligated with respect to that certain promissory note in the original 

principal amount of $234,837.00 (the “Note”). A copy of the Note is attached hereto as Exhibit

2. Movant is an entity entitled to enforce the Note.

Case 17-33929-KRH Doc 46 Filed 06/18/20 Entered 06/18/20 16:15:54 Desc Main

Document Page 1 of 5
5. Pursuant to that certain Deed of Trust (the “Deed of Trust”), all obligations 

(collectively, the “Obligations”) of the Debtor, Kim T. Gilliam, and Co-Debtor, Karen J. Gilliam,

under and with respect to the Note and the Deed of Trust are secured by the Property. 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 Circuit Court of Chesterfield County, Virginia, on August 30, 2010, as Instrument 

#30651. A copy of the recorded Deed of Trust is attached hereto as Exhibit 1.

6. The legal description of the Property is:

7. The Debtor was in default at the time the present bankruptcy was filed. The 

Debtor owed prepetition arrears of $60,387.47. The prepetition arrearage is detailed in the 

Movant's Proof of Claim.

8. As of June 4, 2020, the outstanding amount of the Obligations due to the Movant, 

less any partial payments or suspense balance is:

Unpaid Principal Balance $207,899.36

Unpaid, Accrued Interest $32,202.49

Uncollected Late Charges $377.40

Mortgage Insurance Premiums $86.33

Taxes and Insurance Payments on behalf of Debtor $12,970.50

Other Fees $1,614.67

Other Costs $0.00

Less: Partial Payments $-3,234.40

Minimum Outstanding Obligations $251,916.35

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

due pursuant to the terms of the Note that have been missed by the Debtor as of June 4, 2020:

Case 17-33929-KRH Doc 46 Filed 06/18/20 Entered 06/18/20 16:15:54 Desc Main

Document Page 2 of 5
Number of 

Missed 

Payments

From To Monthly 

Payment 

Amount

Total Missed 

Payments

6 01/01/2020 06/01/2020 $1,628.18 $9,769.08

Less postpetition partial payments (suspense balance): $-61.71

Total Postpetition Payments: $9,707.37

10. As of June 4, 2020, the total postpetition arrearage/delinquency is $9,707.37

consisting of (i) the foregoing total of missed postpetition payments in the amount of $9,707.37

plus (ii) the following postpetition fees:1

Description Amount

N/A N/A

11. The estimated value of the Property is $228,400.00. The basis for such valuation 

is the Debtor`s Schedules filed August 4, 2017.

12. Debtor(s) executed a promissory note secured by a mortgage or deed of trust. The 

promissory note is either made payable to Creditor or has been duly indorsed. Creditor, directly 

or through an agent, has possession of the promissory note. Creditor is the original mortgagee or 

beneficiary or the assignee of the mortgage or deed of trust.

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

a. Movant's interest in the Property is not adequately protected. Movant's 

interest in the collateral is not protected by an adequate equity cushion.

b. Post-petition payments required by the confirmed plan have not been 

made to Movant.

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

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

reorganization.

 

1 The total of missed postpetition payments for this impounded loan includes 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, postpetition advances (if any) made for insurance, real estate 

taxes, or similar charges are not listed separately to the extent such advances would have been paid from the missed 

escrow payments. As part of the next annual RESPA analysis, the Bank will determine whether 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 with RESPA and the 

total postpetition arrearage/delinquency is qualified accordingly.

Case 17-33929-KRH Doc 46 Filed 06/18/20 Entered 06/18/20 16:15:54 Desc Main

Document Page 3 of 5
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 the Note, the Deed of Trust, and

applicable law, including but not limited to allowing Movant (and any successors or assigns) to 

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

obtain possession of the Property. 

2. Relief from the co-debtor stay imposed by 11 U.S.C § 1301(a).

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

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

Dated: June 18, 2020

Respectfully Submitted,

_________________________

Lauren French VSB# 85478

BWW Law Group, LLC

8100 Three Chopt Rd.

Suite 240

Richmond, VA 23229

(804) 282-0463 (phone)

(804) 282-0541 (facsimile)

bankruptcy@bww-law.com

Attorney for the Movant

CERTIFICATE OF SERVICE 

I certify that on this 18th day of June, 2020, the following person(s) were or will be 

served with a copy of the foregoing Motion for Relief from Automatic Stay, and Motion for 

Relief from Co-Debtor Stay Pursuant to 11 U.S.C. § 1301(c)(3) electronically via the CM/ECF 

system or by first class mail, postage prepaid: 

Suzanne E. Wade, Trustee 

7202 Glen Forest Drive, Ste. 202 

Richmond, VA 23226 

James E. Kane, Esq. 

1313 East Cary Street 

P.O. Box 508 

Richmond, VA 23218-0508 

/s/ Lauren French

Case 17-33929-KRH Doc 46 Filed 06/18/20 Entered 06/18/20 16:15:54 Desc Main

Document Page 4 of 5
Karen Jones Gilliam 

4100 Fallen Pine Court 

Colonial Heights, VA 23834 

Kim Tirrell Gilliam 

4100 Fallen Pine Court 

South Chesterfield, VA 23834 

Lauren French, Esq.

/s/ Lauren French

Case 17-33929-KRH Doc 46 Filed 06/18/20 Entered 06/18/20 16:15:54 Desc Main

Document Page 5 of 5