_____________________ 

David A. Rosen 

Virginia Bar No. 44494 

BUONASSISSI, HENNING & LASH 

A Professional Corporation 

1861 Wiehle Avenue, Suite 300 

Reston, Virginia 20190 

Phone (703) 796-1341, ext. 1110 

Fax (703) 796-9383 

e-mail: drosen@bhlpc.com 

Counsel for Movant

1  

IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

ALEXANDRIA DIVISION 

In re: ) 

 ) CHAPTER 11 

PHILIP JAY FETNER 

DBA PJF LIMITED PARTNERSHIP 

DBA COACHMEN FARMS, L.L.C. 

A/K/A P. JAY FETNER 

) 

) 

) 

) 

 ) CASE No. 17-13036-KHK 

 Debtor. ) 

___________________________________ ) 

 ) 

BANK OF AMERICA, N.A. ) 

 ) 

 Movant, ) 

v. ) 

 ) 

PHILIP JAY FETNER 

DBA PJF LIMITED PARTNERSHIP 

DBA COACHMEN FARMS, L.L.C. 

A/K/A P. JAY FETNER 

) 

) 

) 

) 

 ) FILED PURSUANT TO 11 U.S.C 

 Defendants. ) SECTION 362 

MOTION SEEKING RELIEF FROM STAY 

Comes now Bank of America, N.A. (the “Movant”), a secured creditor, by Counsel, 

and moves this Honorable United States Bankruptcy Court for Relief from the Stay imposed 

by 11 U.S.C. Section 362(a) , and in support thereof, state as follows: 

Case 17-13036-KHK Doc 29 Filed 11/07/17 Entered 11/07/17 15:07:49 Desc Main

Document Page 1 of 6
2  

1. That this Motion is filed pursuant to 11 U.S.C. Section 362(d) and Rules 

4001 and 9014 of the Bankruptcy Rules, as hereinafter shall more fully appear. 

2. That the Movant is a secured creditor of the Debtor, whose claim is based 

upon a certain Note dated December 1, 2006 in the principal amount of $2,300,000.00 and 

executed by P. Jay Fetner and PJF Limited Partnership, c/o P. Jay Fetner, Limited Partner, 

the Debtor herein. The total amount due, including the unpaid principal balance of 

$1,700,000.00 due under said Note as of November 14, 2017, interest of $135,302.58 at the 

Note rate, late charges and attorney's fees and costs was approximately $1,937,246.84. A 

copy of an estimated payoff statement is attached hereto, marked as Exhibit A, as is a copy 

of the said Note and Loan Modification Agreement, marked as Exhibit B. Repayment of 

said Note is secured by that certain Deed of Trust dated December 1, 2006 and recorded on 

December 6, 2006 in Deed Book 1244 at Page 1260-1282 among the land records of 

Fauquier County, Virginia, by which the subject property was conveyed to PRLAP, INC., 

Trustee(s), which property has the address of 7476 Stoney Hill Lane, The Plains, VA 20198 

and which is more particularly described in the Deed of Trust as: 

 ATTACHED AS EXHIBIT C 

A copy of said Deed of Trust is attached hereto, marked as Exhibit D, and expressly made a 

part hereof. 

3. That on September 7, 2017, the United States Bankruptcy Court for the 

Eastern District of Virginia entered an Order for Relief under 11 U.S.C. Chapter 11 upon a 

petition filed by Philip Jay Fetner, dba PJF Limited Partnership, dba Coachmen Farms, 

L.L.C., a/k/a P. Jay Fetner, Case No. 17-13036-KHK. 

Case 17-13036-KHK Doc 29 Filed 11/07/17 Entered 11/07/17 15:07:49 Desc Main

Document Page 2 of 6
3  

4. That the Debtor is in default in repayment of the note. A copy of a 

reinstatement balance is attached hereto as Exhibit E. 

5. That the Debtor have failed to make post-petition payments to the Movant, 

and are therefore in default, post-petition, as of October 31, 2017, as follows: 

48 regular monthly payments @ $5,148.03 each $247,105.44 

Estimated attorney's fees ($850.00) and costs ($181.00) 

for representation in this proceeding 

$ 1,031.00 

TOTAL $248,136.44 

A copy of the post-petition payment history is attached hereto, marked as Exhibit E, and 

expressly made a part hereof.

5. That by reason of the foregoing, the Movant lacks adequate protection for its 

security interest and is, and continues to be, irreparably harmed by the continuation of stay 

of 11 U.S.C. Section 362(a) and that therefore cause exists for the termination thereof. 

6. That tax assessment of Fauquier County states that the subject property has 

a current value of $1,340,400.00 which indicates that in the event of a forced sale, there 

would not be any excess equity after the payment of the administrative costs of sale, the 

liens on the property, any exemptions of the Debtor and any co-obligor share, for the benefit 

of the other creditors of the estate and, therefore, cause exists for the lifting of the Stay of 11 

U.S.C. Section 362(a). 

7. That upon entry of an Order terminating the stay of 11 U.S.C. Section 362(a), 

the Movant should be free to take such actions with respect to the subject property as are set 

forth under applicable non-bankruptcy law (i.e. modification, short sale and other loss 

mitigation options), and should be relieved from any further filing requirements pursuant to 

Fed. R. Bankr. P. 3002.1(b)-(c). 

Case 17-13036-KHK Doc 29 Filed 11/07/17 Entered 11/07/17 15:07:49 Desc Main

Document Page 3 of 6
4  

 Bank of America, N.A. reserved the right to foreclose. Shellpoint Mortgage 

Servicing services the underlying mortgage loan and note for the property referenced in this 

Motion for Movant. In the event the automatic stay in this case is modified, this case 

dismisses, and/or the Debtor obtains a discharge and a foreclosure action is commenced on 

the mortgaged property, the foreclosure will be conducted in the name of Movant. Movant, 

directly or through an agent, has possession of the Note. The Note is either made payable to 

Movant or has been duly endorsed. 

WHEREFORE, the Movant respectfully moves this Honorable United States 

Bankruptcy Court for entry of an Order (i) granting it, its successors and/or assigns relief 

from the stay of 11 U.S.C. Sections 362(a) so that the undersigned may proceed to enforce 

its security interest in the subject property by instituting or continuing foreclosure 

proceedings against the subject property in state court, (ii) allowing it to take such other 

actions with respect to the subject property as are set forth under applicable non-bankruptcy 

law, (iii) allowing the successful purchaser at the foreclosure sale to obtain possession of the 

subject property, and (iv) that the Order be binding and effective despite any conversion of 

this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. 

NOTICE OF INTENT TO SUBMIT BUSINESS RECORDS 

 The Movant will submit business records as evidence at any scheduled hearing, as 

allowed under Fed. R. Bankr. P. 9017 and FRE 902(11). These business records and the 

declaration of their maintenance as business records are available for inspection by the 

adverse party upon demand. 

Case 17-13036-KHK Doc 29 Filed 11/07/17 Entered 11/07/17 15:07:49 Desc Main

Document Page 4 of 6
5  

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.) 

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 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 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 14-day period. 

 You will be notified separately of the hearing date on the motion. 

BANK OF AMERICA, N.A. 

By: /s/David A. Rosen 

David A. Rosen 

Virginia Bar No. 44494 

BUONASSISSI, HENNING & LASH 

A Professional Corporation 

1861 Wiehle Avenue, Suite 300 

Reston, Virginia 20190 

Phone (703) 796-1341, ext. 110 

Fax (703) 796-9383 

E-mail: drosen@bhlpc.com 

Counsel for Bank of America, N.A. 

Case 17-13036-KHK Doc 29 Filed 11/07/17 Entered 11/07/17 15:07:49 Desc Main

Document Page 5 of 6
6  

CERTIFICATE OF SERVICE 

I hereby certify that on the 7th day of November, 2017, a true copy of the foregoing 

Motion Seeking Relief from Stay was mailed first-class, postage prepaid, to: 

Philip Jay Fetner 

dba PJF Limited Partnership 

dba Coachmen Farms, L.L.C. 

a/k/a P. Jay Fetner 

7476 Stoney Hill Lane 

The Plains, VA 20198 

- Debtor 

 

And electronically transmitted to: 

 

John T. Donelan 

Law Office of John T. Donelan 

125 S. Royal Street 

Alexandria, VA 22314 

U.S. Trustee 

Judy A. Robbins 

Office of the U.S. Trustee- Region 4 

115 South Union Street, Room 210 

Alexandria, VA 22314 

Jack Frankel 

Office of the U.S. Trustee 

115 South Union Street, Room 210 

Alexandria, VA 22314 

- 

- 

- 

Counsel for Debtor 

 U.S. Trustee 

Counsel for U.S. Trustee 

 

 /s/David A. Rosen 

 David A. Rosen 

Case 17-13036-KHK Doc 29 Filed 11/07/17 Entered 11/07/17 15:07:49 Desc Main

Document Page 6 of 6