Daniel Eisenhauer, Esq., Bar # 85242

PO Box 2548

Leesburg, VA 20177

(703) 777-7101

UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Alexandria Division

IN RE:

NICOLINE K JARAMILLO

Debtor

Chapter 13

Case No. 19-10400-BFK

USAA FEDERAL SAVINGS BANK

Movant

v.

NICOLINE K JARAMILLO

1615 ANDERSON RD.

MCLEAN, VA 22102

(Debtor)

MARK E JARAMILLO

7349 PRICKLEY PEAR DRIVE

EL PASO, TX 79912

(Co-Debtor)

THOMAS P. GORMAN

300 N. WASHINGTON ST., STE. 400

ALEXANDRIA, VA 22314

(Trustee)

Respondents

MOTION FOR RELIEF FROM AUTOMATIC STAY AND CO-DEBTOR AUTOMATIC 

STAY PURSUANT TO 11 U.S.C. § 1301(c)(3) 

USAA Federal Savings Bank (“Movant”) by undersigned counsel, respectfully moves 

this Honorable Court to terminate the Automatic Stay and the Co-Debtor Automatic Stay as to 

the real property located at 7349 Prickley Pear Drive, El Paso, TX 79912 (“Property”), and, as 

grounds therefore, states as follows:

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1. This proceeding seeking relief under 11 U.S.C. § 362(d) and 11 U.S.C. § 

1301(c)(3) is a contested matter within the meaning of Fed. R. Bankr. P. 4001 and 9014, and this 

court has jurisdiction over this matter pursuant to 28 U.S.C. § 157. This is a core proceeding 

pursuant to 28 U.S.C. § 157(b)(2)(G) and (b)(2)(O). Venue is proper pursuant to 28 U.S.C. § 

1409(a).

2. On February 6, 2019, the above named Debtor, Nicoline K Jaramillo (“Debtor”), 

filed in this court a Petition under Chapter 13 of the United States Bankruptcy Code. Thomas P. 

Gorman was appointed Chapter 13 trustee.

COUNT 1

RELIEF FROM AUTOMATIC STAY

3. On or about February 14, 2013, the Nicoline K Jaramillo executed and delivered 

to USAA Federal Savings Bank a Note in the amount of TWO HUNDRED THREE 

THOUSAND TEN DOLLARS AND NO CENTS ($203,010.00), plus interest at the fixed rate of 

3.125% per annum, attorney’s fees, costs and late charges to be paid over thirty (30) years. 

4. The Note was later transferred to Movant and Movant held the Note at the time of 

the foreclosure sale.

5. To secure the repayment of the sums due under the Note, Nicoline K Jaramillo 

and Mark E Jaramillo executed and delivered to USAA Federal Savings Bank a Deed of Trust 

dated February 14, 2013, encumbering the real property (“Property”) described as:

which has the address of 7349 Prickley Pear Drive, El Paso, TX 79912. 

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6. That pursuant to 11 U.S.C. § 362(d)(1), upon request of a party in interest, the 

court shall grant relief from stay for cause, including lack of adequate protection of an interest in 

property of such party in interest.

7. That prior to Debtor filing the instant bankruptcy case and pursuant to a default in 

the terms of said Deed of Trust, a foreclosure sale was conducted on February 05, 2019.

8. At the foreclosure sale, the successful bid was in the amount of $179,027.00. A 

copy of the Substitute Trustee’s Deed is attached as Exhibit A.

9. Movant was the successful bidder at the aforementioned foreclosure sale.

10. That as a result of the foreclosure sale the Deed of Trust was extinguished under 

state law.

11. That as a result of the foreclosure, the subject property is not an asset of the estate.

12. The continuation of the Automatic Stay will cause Movant significant prejudice.

13. Cause exists to terminate the Automatic Stay to permit Movant to exercise its 

non-bankruptcy rights and remedies with respect to the Mortgage pursuant to § 362(d)(1) of the 

Bankruptcy Code.

COUNT II

RELIEF FROM CO-DEBTOR AUTOMATIC STAY

14. The allegations of paragraphs 1 through 13 are incorporated by reference herein.

15. Movant will be irreparably harmed by the continuation of the Co-Debtor 

Automatic Stay.

16. Cause exists to terminate the Co-Debtor Automatic Stay.

WHEREFORE, USAA Federal Savings Bank prays that this Court issue an order 

terminating or modifying the Automatic Stay under 11 U.S.C. § 362 and Co-Debtor Automatic 

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Stay under 11 U.S.C. § 1301, as to the property located at 7349 Prickley Pear Drive, El Paso, TX 

79912, and granting the following:

That the Automatic Stay and Co-Debtor Automatic Stay, as to USAA Federal Savings 

Bank, relative to the property located at 7349 Prickley Pear Drive, El Paso, TX 79912 is hereby 

lifted. 

That upon entry of this order USAA Federal Savings Bank, its successors and assigns, 

may pursue its state law remedies, including, but not limited to contacting the Debtor directly to 

discuss loss mitigation or beginning eviction proceedings at its sole discretion. 

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.

That entry of the order shall be effective immediately upon entry, notwithstanding the 

provisions of FRBP 4001(a)(3). 

For such other relief as the Court deems just and equitable.

Date: August 21, 2019

Respectfully submitted,

/s/Daniel K. Eisenhauer 

Daniel Eisenhauer, Bar # 85242

Orlans PC

PO Box 2548

Leesburg, VA 20177

(703) 777-7101

Attorneys for USAA Federal Savings Bank

deisenhauer@orlans.com

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CERTIFICATE OF SERVICE

The undersigned states that on August 21, 2019, copies of the foregoing Motion for 

Relief were filed with the Clerk of the Court using the ECF system, which will send notification 

of such filing to the following:

Thomas P. Gorman

300 N. Washington St., Ste. 400

Alexandria, VA 22314

ch13alex@gmail.com

Bankruptcy Trustee

Ashvin Pandurangi

AP Law Group, PLC

211 Park Ave.

Falls Church, VA 22046

ap@aplawg.com

Debtor’s Attorney 

and I hereby certify that I have caused to be mailed by first class mail, postage prepaid, copies of 

the foregoing Motion for Relief to the following non-ECF participants:

Nicoline K Jaramillo

1615 Anderson Rd.

McLean, VA 22102

Debtor

Mark E Jaramillo

7349 Prickley Pear Drive

El Paso, TX 79912

Co-Debtor

/s/Daniel K. Eisenhauer

Daniel Eisenhauer, Esquire

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