___________________________ 

Andrew Todd Rich, VSB# 74296 

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: 

MAUDIE STALLINGS HARO 

 Debtor 

_______________________________ 

AJX MORTGAGE TRUST II, A DELAWARE 

TRUST, WILMINGTON SAVINGS FUND 

SOCIETY, FSB, TRUSTEE 

 Movant 

v. 

MAUDIE STALLINGS HARO 

 Debtor/Respondent 

and 

OLIVE M. BUTLER 

 Co-Debtor/Co-Respondent 

and 

SUZANNE E. WADE 

 Trustee/Respondent 

Case No. 19-36058-KRH 

Chapter 13 

MOTION FOR RELIEF FROM AUTOMATIC STAY AND CO-DEBTOR STAY

AJX Mortgage Trust II, a Delaware Trust, Wilmington Savings Fund Society, FSB, 

Trustee (“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 6117 Darjoy Drive, 

Richmond, VA 23231 (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 November 18, 2019. 

3. The Debtor has executed and delivered or is otherwise obligated with respect to 

that certain promissory note in the original principal amount of $137,000.00 (the “Note”). A 

copy of the Note is attached hereto. Movant is an entity entitled to enforce the Note. 

4. Pursuant to that certain Deed of Trust (the “Deed of Trust”), all obligations 

(collectively, the “Obligations”) of the Debtor and Co-Debtor 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 

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perfected by recording of the Deed of Trust in the office of the Clerk of the Circuit Court of 

Henrico County, Virginia. A copy of the recorded Deed of Trust is attached hereto. 

5. Effective on or about June 1, 2013, the terms of the note and Deed of Trust were 

modified by a written agreement (the "Loan Modification Agreement"). A copy of the Loan 

Modification Agreement is attached hereto. 

6. The legal description of the Property is: 

7. As of February 7, 2020, the outstanding amount of the Obligations due to the 

Movant, less any partial payments or suspense balance is: 

Unpaid Principal Balance $118,693.90

Unpaid, Accrued Interest $10,126.07

Uncollected Late Charges $36.92

Mortgage Insurance Premiums $0.00

Taxes and Insurance Payments on behalf of Debtor $2,140.97

Other Costs $6,366.40

Less: Partial Payments -$428.57

Minimum Outstanding Obligations $136,935.6956

8. The following chart sets forth the number and amount of post-petition payments 

due pursuant to the terms of the Note that have been missed by the Debtor as of February 7, 

2020: 

Number of 

Missed 

Payments 

From To Monthly 

Payment 

Amount 

Total Missed 

Payments

1 12/01/2019 12/01/2019 $869.71 $869.71 

2 01/01/2020 02/01/2020 $1,021.56 $2,043.12 

 Less post-petition partial payments (suspense balance): $0.00 

Total Post-petition Payments: $2,912.83

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9. In addition to the other amounts due to Movant reflected in this Motion, as of the

date hereof, in connection with seeking the relief requested in this Motion, Movant has also 

incurred $1,050.00 in legal fees and $181.00 in costs. 

10. The estimated value of the Property is $173,400.00. The basis for such valuation

is Debtor`s Schedules. 

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

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

b. The Debtor has failed to make required post-petition payments.

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: February 11, 2020

Respectfully Submitted,

_________________________

Andrew Todd Rich VSB# 74296 

Attorney 

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

/s/ Andrew Todd Rich

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CERTIFICATE OF SERVICE 

I certify that on this 11th day of February, 2020, the following person(s) were or will be

served with a copy of the foregoing Motion for Relief from Automatic Stay and Co-Debtor Stay 

Pursuant electronically via the CM/ECF system or by first class mail, postage prepaid: 

Suzanne E. Wade 

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 

Maudie Haro 

6117 Darjoy Drive 

Richmond, VA 23231 

Olive M. Butler 

6117 Darjoy Drive 

Richmond, VA 23231 

Andrew Todd Rich 

Attorney 

BWW Law Group, LLC 

/s/ Andrew Todd Rich

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