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UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA 

Richmond Division 

RANDALL S. PARRISH ) 

 ) Case No. 19-31632-KRH 

 Debtor, ) Chapter 13 

 ) 

JAY M. PARRISH ) 

 ) 

 Joint Debtor. ) 

 

MOTION FOR RELIEF FROM STAY 

AND NOTICE OF MOTION AND HEARING 

Essex Bank (“Essex”), by counsel, respectfully moves this Court to grant relief from 

the Automatic Stay of 11 U.S.C. § 362 to allow Essex to enforce its remedies under certain 

security instruments and state law, including the right to foreclose upon and sell certain real 

property owned by the Debtor and Joint Debtor (“Debtors”), and in support thereof states as 

follows as its Motion for Relief from Stay: 

1. The Court has jurisdiction pursuant to 28 U.S.C. § 1334. This matter is a core 

proceeding under 28 U.S.C. § 157. 

2. The Debtors filed a voluntary Chapter 13 Petition on or about March 27, 

2019. Suzanne E. Wade was appointed as Trustee and continues to serve in that role. 

3. On or about February 28, 2010, the Debtors executed a Promissory Note 

(“Note”) in the principal amount of $234,813.93, payable to and currently held by Essex, 

which was extended and/or modified by a series of other instruments, culminating most 

recently in a “Change in Terms Agreement” dated August 31, 2018 (collectively the “Note 

Documents”). A copy of the Note Documents is attached collectively as Exhibit 1. 

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4. The Note as modified by the Note Documents is secured by a Deed of Trust 

dated January 19, 2006 and recorded in the Circuit Court of Goochland County, Virginia on 

January 20, 2006, as Instrument No. 060000315, having been executed by the Debtors and 

encumbering certain real property owned by the Debtor in Goochland County, Virginia 

located at 3015 River Road West (“Property”). A copy of the Deed of Trust is attached to this 

Motion as Exhibit 2. A full and complete description of the Property is contained in the 

Deed of Trust. 

5. Upon information and belief, the Property is not the Debtor’s primary 

residence and is used for commercial purposes. 

6. Essex is a secured creditor of the Debtors, with a payoff as of the petition 

date of $ $136,796.93 in principal, $2,042.82 in accrued interest, $27,935.76 in prepetition late fees, and $325.00 in other charges, in accordance with the terms of the 

instruments. The total due and owing to Essex is $167,100.51 as of the petition date. 

7. In addition to the amounts due and owing to Essex, Towne Bank has filed 

a proof of claim in the amount of $54,497.57, secured by a deed of trust on the Property, 

and James Blackburn, Sr. has filed a proof of claim in the amount of $177,500.00, which 

is also secured by a deed of trust on the Property. 

8. The total amount due and owing to Essex and these other two creditors, 

and secured by the Property, as of the petition date, is $399,098.08. 

9. The value of the Property as scheduled by the Debtors is $367,400.00, 

which is the same as the current tax assessment value, attached as Exhibit 3. In addition, 

on June 6, 2019, Clifford Porter, a real estate agent for the Debtors, e-mailed Debtors’ 

counsel and several creditors to indicate that based on comparable properties, he did not 

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believe that the Property would sell for enough to pay off all three liens. A copy of this email is attached as Exhibit 4. 

10. Despite filing a plan which proposed regular contract payments and 

despite continuing to benefit from the Property, the records of Essex Bank reflect that the 

Debtors have not made any payment on the Note since April 19, 2019. 

 11. Cause exists to grant relief from the automatic stay pursuant to 11 U.S.C. § 

362(d)(2), as the Debtors have no equity in the Property, and it is not necessary for an 

effective reorganization as evidenced by the Debtors’ filed plan which proposes to liquidate 

the Property. 

12. Essex further requests that the fourteen day period under Rule 4001(a)(3) of 

the Federal Rules of Bankruptcy Procedure during which the stay remains in effect be waived 

and any Order granting relief shall become effective immediately upon entry. 

WHEREFORE, for the foregoing reasons, Essex Bank respectfully requests that 

this Court enter an Order granting it relief from the automatic stay of 11 U.S.C. § 362 as 

to the Property, allowing Essex to enforce its remedies under the Note and Note 

Documents and Deed of Trust, and otherwise under state law, including the right to 

foreclose upon the Property, and that the fourteen day period under Rule 4001(a)(3) of 

the Federal Rules of Bankruptcy Procedure during which the stay remains in effect be 

waived and that any Order granting relief shall become effective immediately upon entry, 

and that it have such other and further relief as the Court may deem appropriate. 

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NOTICE OF MOTION AND NOTICE OF HEARING

PLEASE TAKE NOTICE that, on July 17, 2018, Doug Myers, party-in-interest herein, 

filed a MOTION FOR RELIEF FROM STAY (“Motion”) with the United States 

Bankruptcy Court for the Eastern District of Virginia, Richmond Division (the "Court").

PLEASE TAKE FURTHER NOTICE that your rights may be 

affected. You should read the Motion carefully and discuss it with your 

attorney, if you have one in this case. (If you do not have an attorney, you 

may wish to consult one).

PLEASE TAKE FURTHER NOTICE if you do not want the Court to 

grant the relief requested in the Motion, or if you want the Court to consider your 

views on the relief requested therein, then, by July 17, 2019 (the "Response 

Deadline"), you or your attorney must: 

File with the Court, either electronically or at the address shown 

below, a written response to the Motion pursuant to Rule 9013-1(H) 

of the Local Rules of the United States Bankruptcy Court for the 

Eastern District of Virginia. If you mail your written response to the 

Court for filing, you must mail it early enough so the Court will 

receive it on or before the Response Deadline. 

If a response is not properly and timely filed and served, 

the Court may deem any opposition waived, treat the 

Motion as conceded and enter an appropriate order 

granting the requested relief without further notice or 

hearing.

Clerk of the Court 

United States Bankruptcy Court 

701 East Broad Street 

Suite 4000 

Richmond, VA 23219 

Attend a hearing before the Honorable Kevin R. Huennekens, 

United States Bankruptcy Judge, at 11:00 A.M. (prevailing Eastern 

Time) on July 24, 2019, at the United States Bankruptcy Court for 

the Eastern District of Virginia, Richmond Division, 701 East 

Broad Street, Room 5000, Richmond, Virginia 23219. 

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 Respectfully submitted, 

______/s/ David G. Browne_____ 

David G. Browne (VSB No. 65306) 

SPIRO & BROWNE, PLC 

6802 Paragon Place, Suite 410 

Richmond, Virginia 23230 

Telephone: (804) 573-9220 

Facsimile: (804) 836-1855 

Email: dbrowne@sblawva.com 

Counsel for Essex Bank 

CERTIFICATE OF SERVICE 

 I hereby certify that on this 27 day of June, 2019, a true and accurate copy of the 

foregoing Motion for Relief from Stay was filed via the ECF system and served thereby 

on all parties receiving notice via the ECF system. 

 ______/s/ David G. Browne_____ 

Respectfully submitted, 

______/s/ David G. Browne_____ 

David G. Browne (VSB# 65306) 

Spiro & Browne, PLC 

6802 Paragon Place, Suite 410 

Richmond, VA 23230 

Telephone: (804) 573-9220 

Facsimile: (804) 836-1855 

E-mail: dbrowne@sblawva.com 

Counsel for Essex Bank 

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