Johnie R. Muncy, Esquire

Counsel for Movant

Samuel I White, P.C.

Bar No. 73248

1804 Staples Mill Road

Suite 200

Richmond, VA 23230

(804) 290-4290

File No. 76734

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

In re:

ROSINA GUEVARA MONGE

AKA ROSINA MONGE GUEVARA

JAVIER TORRES ROMERO,

CHAPTER 7

DEBTORS. CASE NO. 20-32815-KRH

TOYOTA LEASE TRUST,

MOVANT,

vs.

ROSINA GUEVARA MONGE

JAVIER TORRES ROMERO

and WILLIAM A. BROSCIOUS, TRUSTEE,

RESPONDENTS.

MOTION FOR RELIEF FROM THE AUTOMATIC STAY

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.)

TO: ROSINA GUEVARA MONGE, AND JAVIER TORRES ROMERO, DEBTORS

WILLIAM A. BROSCIOUS, TRUSTEE

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 WITHINFOURTEEN (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 FOURTEEN (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 FOURTEEN (14) DAY PERIOD.

THE PRELIMINARY HEARING IS SCHEDULED TO BE HELD ON AUGUST 19, 2020 AT 

11:00 AM IN THE U.S. BANKRUPTCY COURT, 701 EAST BROAD STREET, 

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RICHMOND, VA 23219, COURTROOM 5000.

Toyota Lease Trust (“Movant”) hereby moves this Court, pursuant to 11 U.S.C. 

§362, for relief from the automatic stay with respect to a 2018 Toyota Yaris IA VIN

3MYDLBYV4JY319897 (the “Property”), for all purposes allowed by the Motor Vehicle 

Lease Agreement and applicable law. In further support of this Motion, Movant 

respectfully states:

1. This Court has jurisdiction over this proceeding pursuant to 28 U.S.C. §157 

and §1334 and 11 U.S.C. §362(d), and this matter is a core proceeding.

2. A petition under Chapter 7 of the United States Bankruptcy Code was filed 

with respect to the Debtors on July 1, 2020. 

3. Upon information and belief, the Movant is the owner of a 2018 Toyota Yaris 

IA VIN 3MYDLBYV4JY319897 which has been leased to the Debtors pursuant to a valid 

Motor Vehicle Lease Agreement dated June 30, 2018. A copy of the Motor Vehicle Lease 

Agreement and a copy of the evidence of Title establishing Movant’s ownership interest 

are attached hereto as Exhibit A.

4. Toyota Motor Credit Corporation is servicing agent for the Movant.

5. As of July 24, 2020, the unpaid principal and interest balance due is 

$13,525.58 and the approximate outstanding amount of the Obligations less any partial 

payments or suspense balance is $13,538.34.

6. The following chart sets forth the number and amount of payments due 

pursuant to the terms of the Motor Vehicle Lease Agreement as of July 24, 2020: 

Number of 

Payments

From To Monthly Payment 

Amount

Total Payments

3 05/01/2020 07/01/2020 $255.12 $765.36

Less partial payments: ($0.00)

Total: $765.36

7. As of July 24, 2020, the total arrearage/delinquency is $778.12, consisting of 

(i) the foregoing total of payments in the amount of $765.36, plus (ii) the following fees:

Fee Description Amount

Late Charge $12.76

8. The estimated value of the Property is $12,075.00. The basis for such 

valuation is: NADA, a copy of which is attached hereto as Exhibit B.

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

i. Movant’s interest in the Property is not adequately protected.

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Johnie R. Muncy, Esquire

Counsel for Movant

Samuel I White, P.C.

Bar No. 73248

1804 Staples Mill Road

Suite 200

Richmond, VA 23230

(804) 290-4290

File No. 76734

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 applicable law and the 

Motor Vehicle Lease Agreement to enforce its remedies to obtain possession of the 

Property and any and all other collateral pledged under the Motor Vehicle Lease 

Agreement.

2. That the 14-day stay described by Bankruptcy Rule 4001(a)(3) be waived.

3. For such other relief as the Court deems proper.

Dated: July 29, 2020

TOYOTA LEASE TRUST

By: /s/JOHNIE R. MUNCY

Eric D. White, Esquire, Bar No. 21346

Johnie R. Muncy, Esquire, Bar No. 73248

Nisha R. Patel, Esquire, Bar No. 83302

D. Carol Sasser, Esquire, Bar No. 28422

Samuel I. White, P.C.

1804 Staples Mill Road

Suite 200

Richmond, VA 23230

Tel.: (804) 290-4290

Fax: (804) 290-4298

jmuncy@siwpc.com

CERTIFICATE OF SERVICE

I certify that on July 29, 2020, the foregoing Motion was served via CM/ECF on 

William A. Broscious, Trustee, and Richard C. Devor, Jr., Counsel for Debtors, at the email 

addresses registered with the Court, and that a true copy was mailed via first class mail, 

postage prepaid, to Rosina Guevara Monge and Javier Torres Romero, Debtors, 4407 E. 

Heritage Woods Court, Midlothian, VA 23112.

/s/JOHNIE R. MUNCY

Johnie R. Muncy, Esquire

Samuel I. White, P. C.

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