_____________________

Richard A. Lash

Virginia Bar No. 25723

BUONASSISSI, HENNING & LASH

A Professional Corporation

1861 Wiehle Avenue, Suite 300

Reston, Virginia 20190

Phone (703) 217-5602

Fax (703) 796-9383

e-mail: rlash@bhlpc.com

Counsel for BBR Investments, LLC

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. )

___________________________________ )

)

WILMINGTON SAVINGS FUND 

SOCIETY, FSB, NOT IN ITS 

INDIVIDUAL CAPACITY BUT SOLELY 

AS TRUSTEE FOR BCAT 2017-19TT,

)

)

)

)

)

 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. Section 

362(c)(4)(A)(ii)

)

 Defendants. )

MOTION SEEKING ORDER THAT PROPERTY IS NOT SUBEJCT TO THE

AUTOMATIC STAY

Comes now WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS 

INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR BCAT 2017-19TT (the 

“Movant”), a secured creditor, by Counsel, and moves this Honorable United States 

Case 17-13036-KHK Doc 138 Filed 09/27/18 Entered 09/27/18 11:38:57 Desc Main

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2

Bankruptcy Court for an Order specifying that certain property is not part of Debtors 

bankruptcy estate and is therefore not subject to the automatic stay of 11 U.S.C. Section 362:

1. That Movant is a secured creditor whose claim is based upon a certain Note 

dated December 1, 2006 ("Note") in the principal amount of $2,300,000.00 and executed by 

“PJF Limited Partnership by P. Jay Fetner, Limited Partner”. The Note is included and 

incorporated as Exhibit A. 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, which property has the address of 

7476 Stoney Hill Lane, The Plains, VA 20198 (“Property”). The Deed of Trust is included and 

incorporated as Exhibit B.

2. That the Deed of Trust defines the “Borrower” as “PJF Limited Partnership”.

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 (“Debtor”), dba PJF Limited Partnership, dba Coachmen Farms, 

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

4. That Debtor, in Official Form 106A/B (Document No. 14) filed on October 5, 

2017, stated that the current value of the portion he owned in the Property was “$0.00” and that 

the nature of his ownership in the Property was based on a “100% Equitable interest in PJF 

Limited Partnership, the owner of the Property”.

5. That on September 18, 2018 Debtor filed Debtor, Philip Jay Fetner’s Objection 

to Hotel Street Capital, LLC’s Disclosure Statement (Document No. 132) and stated in 

paragraph 29, as grounds for such objection, that the Property is “owned by PJF Limited 

Partnership, a Virginia limited partnership, which is owned ninety-nine percent (99%) by the 

Fetner Trust as limited partner and one percent (1%) by Philip Jay Fetner as general partner.”

Case 17-13036-KHK Doc 138 Filed 09/27/18 Entered 09/27/18 11:38:57 Desc Main

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6. That under Va. Code Ann. § 50-73.89 (1996), “[p]roperty acquired by a 

partnership is property of the partnership and not the partners individually.” 

7. That Debtor further stated in paragraph 30 of Document No. 132 that “[t]he 

Debtor is not the owner of the real property known as 7476 Stoney Hill Lane, The Plains, 

Virginia and as such it is not a bankruptcy estate asset that can be sold by or through” a 

bankruptcy plan.

WHEREFORE, the Movant respectfully moves this Honorable United States 

Bankruptcy Court for entry of an Order pursuant to 11 U.S.C. Section 11 U.S.C. Section 

362(c)(4)(A)(ii) (i) declaring that the above stated Property, known as 7476 Stoney Hill Lane, 

The Plains, Virginia 20198, is not part of Debtor’s bankruptcy estate, and (ii) that the above 

stated Property is not subject to the automatic stay as applicable to Debtor under 11 U.S.C. 

Section 362.

NOTICE OF MOTION 

Wilmington Savings Fund Society, FSB, Not In Its Individual Capacity but solely as 

Trustee for BCAT 2017-19TT has filed papers with the Court for an Order stating that the 

property located at 7476 Stoney Hill Lane, The Plains, VA 20198 is not subject to Debtor’s 

bankruptcy estate. 

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 want the Court to grant the relief sought in the motion, or if you want 

the Court to consider your views on the motion, then on or before the 14th day from the date 

of service of this Motion with three additional Court days allowed if all parties are not 

served electronically (service is the date that the Motion was mailed to you), you or your 

attorney must:

File with the court, at the address shown below, a written response pursuant to Local 

Bankruptcy Rule 9013-1(H). 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 date stated above.

Clerk of Court

United States Bankruptcy Court

Eastern District of Virginia

Case 17-13036-KHK Doc 138 Filed 09/27/18 Entered 09/27/18 11:38:57 Desc Main

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4

200 South Washington Street

Alexandria, VA 22314

You must also mail a copy to:

Richard A. Lash

Buonassissi, Henning & Lash, P.C.

1861 Wiehle Avenue, Suite 300

Reston, Virginia 20190

If you or your attorney do not take these steps, the Court may decide you do not oppose 

the relief sought in the Motion and may enter an Order Granting that Relief without 

holding a hearing.

WILMINGTON SAVINGS FUND SOCIETY, 

FSB, NOT IN ITS INDIVIDUAL CAPACITY 

BUT SOLELY AS TRUSTEE FOR BCAT 2017-

19TT

By: /s/Richard A. Lash

Richard A. Lash

Virginia Bar No. 25723

E-mail: rlash@bhlpc.com

Phone (703) 796-1341, ext. 104

Robert E. Kelly

Virginia Bar No. 81746

Phone (703) 796-1341, ext. 114

E-mail: rkelly@bhlpc.com

Douglas W. Callabresi

Virginia Bar No. 68009

Phone (703) 796-1341, ext. 127

E-mail: Dcallabresi@bhlpc.com

BUONASSISSI, HENNING & LASH, PC

1861 Wiehle Avenue, Suite 300

Reston, Virginia 20190

Fax (703) 796-9383

Counsels for Movant

Case 17-13036-KHK Doc 138 Filed 09/27/18 Entered 09/27/18 11:38:57 Desc Main

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5

CERTIFICATE OF SERVICE

I hereby certify that on the 27th day of September, 2018, a true copy of the foregoing 

Motion Seeking Order That Property is Not Subject to the Automatic Stay was mailed firstclass, 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

Judy A. Robbins

Office of the U.S. Trustee- Region 4

115 South Union Street, Room 210

Alexandria, VA 22314

John P. Fitzgerald, III

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

U.S. Trustee

Counsel for U.S. Trustee

/s/Richard A. Lash

 Richard A. Lash

Case 17-13036-KHK Doc 138 Filed 09/27/18 Entered 09/27/18 11:38:57 Desc Main

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6

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. )

___________________________________ )

)

WILMINGTON SAVINGS FUND 

SOCIETY, FSB, NOT IN ITS 

INDIVIDUAL CAPACITY BUT SOLELY 

AS TRUSTEE FOR BCAT 2017-19TT,

)

)

)

)

)

 Movant, )

v. )

)

PHILIP JAY FETNER 

DBA PJF LIMITED PARTNERSHIP DBA 

COACHMEN FARMS, L.L.C.

A/K/A P. JAY FETNER

)

)

)

)

)

 Defendants. )

ORDER THAT PROPERTY IS NOT SUBJECT TO THE AUTOMATIC STAY

Upon consideration of Wilmington Savings Fund Society, FSB, Not in its Individual 

Capacity but Solely as Trustee for BCAT 2017-19TT’s Motion Seeking Order That Property 

is Not Protected by Automatic Stay, it is

ORDERED that the Property, known as 7476 Stoney Hill Lane, The Plains, Virginia 

20198, is not part of Debtor Philip Jay Fetner’s bankruptcy estate, and 

Case 17-13036-KHK Doc 138 Filed 09/27/18 Entered 09/27/18 11:38:57 Desc Main

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ORDERED that the above stated Property is not subject to the automatic stay as 

applicable to Debtor under 11 U.S.C. Section 362.

Date:_____________________ __________________________

Klinette H. Kindred

United States Bankruptcy Judge

Alexandria, Virginia

I ASK FOR THIS:

By: /s/Richard A. Lash

Richard A. Lash

Virginia Bar No. 25723

E-mail: rlash@bhlpc.com

Phone (703) 796-1341, ext. 104

Robert E. Kelly

Virginia Bar No. 81746

Phone (703) 796-1341, ext. 114

E-mail: rkelly@bhlpc.com

Douglas W. Callabresi

Virginia Bar No. 68009

Phone (703) 796-1341, ext. 127

E-mail: Dcallabresi@bhlpc.com

BUONASSISSI, HENNING & LASH, PC

1861 Wiehle Avenue, Suite 300

Reston, Virginia 20190

Fax (703) 796-9383

Counsels for Movant

COPIES 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

Case 17-13036-KHK Doc 138 Filed 09/27/18 Entered 09/27/18 11:38:57 Desc Main

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John T. Donelan

Law Office of John T. Donelan

125 S. Royal Street

Alexandria, VA 22314

Judy A. Robbins

Office of the U.S. Trustee- Region 4

115 South Union Street, Room 210

Alexandria, VA 22314

John P. Fitzgerald, III

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

Case 17-13036-KHK Doc 138 Filed 09/27/18 Entered 09/27/18 11:38:57 Desc Main

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