John T. Donelan, Esquire

Virginia State Bar No. 18049

125 South Royal Street

Alexandria, Virginia 22314

703-684-7555

Counsel for Philip Jay Fetner

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

ALEXANDRIA DIVISION

IN RE: )

) Case No. 17-13036-KHK

PHILIP JAY FETNER, ) Chapter 11

)

 Debtor-In-Possession. )

)

BANK OF AMERICA, N.A. )

)

Movant, )

)

v. )

)

PHILIP JAY FETNER, )

)

Respondent. )

RESPONSE TO BANK OF AMERICA, N.A.’S

MOTION SEEKING RELIEF FROM STAY

Philip Jay Fetner (“Fetner”), Debtor-in-Possession, by counsel, files the following 

Response to Bank of America, N.A.’s (“BOA”) Motion Seeking Relief From Stay.

1. The allegations of Paragraph 1 do not require a response. If a response is required 

the Statute and Bankruptcy Rules cited speak for themselves.

2. The allegations of Paragraph 2 are responded to as follows: 

(a) BOA is not a secured creditor of Fetner; 

(b) Fetner is not the owner of the property in Fauquier County, Virginia which 

has an address of 7476 Stoney Hill Lane, The Plains, Virginia 20118;

(c) the owner of the property is PJF Limited Partnership; 

(d) PJF Limited Partnership is the maker of a Deed of Trust Note in the amount 

of $2.3 million dollars dated December 1, 2006, Fetner does not believe that this Deed of Trust 

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Note dated December 1, 2006 is true and accurate; 

(e) the Loan Modification Agreement is neither admitted nor denied and strict 

proof is demanded thereof. This document was not recorded in the Land Records of Fauquier 

County; 

(f) Fetner denies that the total amount due under the Loan Modification 

Agreement of $1,700,000.00 with interest of $135,302.58 plus late charges and attorney’s fees 

and costs totally $1,937,246.84 is true and accurate and strict proof is demanded thereof; 

(g) Fetner denies that BOA’s Payoff Letter dated October 31, 2017 marked 

Exhibit A is correct and strict proof is demanded thereof; 

(h) Fetner neither admits nor denies that Exhibit C a legal description of the 

property is true and accurate and strict proof is demanded thereof; and

(i) Fetner neither admits nor denies that Exhibit D, BOA’s Deed of Trust is true 

and accurate and strict proof is demanded thereof; 

3. The allegations of Paragraph 3 are admitted that Fetner filed his Chapter 11 

Petition on September 7, 2017 in the U.S. Bankruptcy Court for the Eastern District of Virginia, 

Alexandria Division, Case No. 17-13036-KHK. This Petition was not filed in the name of Philip 

Jay Fetner, dba PJF Limited Partnership, or dba Coachmen Farms, L.L.C.

4. It is admitted that the Note is in default but believes that Reinstatement Figures

document marked Exhibit D are incorrect and strict proof is demanded thereof.

5. Fetner admits that post-petition payments were not made on the Note in October 

and November 2017. There were no other post-petition payments due BOA. Fetner denies that 

BOA is owed attorney’s fees of $850.00 and costs of $181.00.

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5. The allegations of Paragraph 5 that BOA lacked adequate protection for its 

security interest because he is not the owner of 7476 Stoney Hill Lane, The Plains, Virginia

20118 is denied and strict proof is demanded thereof. BOA has adequate protection because the 

fair market value of the property is in excess of $4 million dollars and there is significant equity 

after deducting the alleged balance due of $1,937,246.84. 

6. The allegations of Paragraph 6 are denied and strict proof is demanded thereof.

7. The allegations of Paragraph 7 are not relevant to the issue of whether this Court

should terminate the stay and therefore they are denied and strict proof is demanded thereof. The

unnumbered paragraph on page 4 also contains allegations which are not relevant to whether

relief from the stay should be granted and therefore they are denied and strict proof is demanded

thereof.

8. It would be improper for the Court to grant relief from the stay to the Movant, 

Bank of America, N.A. because the Debtor-in-Possession, Philip Jay Fetner, is not the owner of 

the property located at 7476 Stoney Hill Lane, The Plains, Virginia 20198.

WHEREFORE, the Debtor-in-Possession, Philip Jay Fetner, by counsel, respectfully 

requests this Court deny Bank of America, N.A.’s Motion Seeking Relief from Stay.

PHILIP JAY FETNER

By Counsel

LAW OFFICE OF JOHN T. DONELAN

__/s/ John T. Donelan________________ 

JOHN T. DONELAN, ESQUIRE

Virginia State Bar No. 18049

125 South Royal Street

Alexandria, Virginia 22314

Tel: 703-684-7555

Fax: 703-684-0981

Counsel for Philip Jay Fetner

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CERTIFICATE OF SERVICE

I hereby certify that on the 27th day of November, 2017 a true copy of the foregoing 

Response to Motion for Relief of the Automatic Stay was served electronically through the 

CM/ECF system on all persons entering their appearance and requesting notice in this case, and 

by email upon the following persons:

David A. Rosen, Esquire Jack I. Frankel, Esquire

Buonassissi, Henning & Lash Office of the US Trustee

1861 Wiehle Avenue, Suite 300 115 S. Union Street, Suite 210

Reston, VA 20190 Alexandria, VA 22314

drosen@bhlpc.com jack.i.frankel@usdoj.gov

Robert M. Marino, Esquire

Redmon Peyton & Braswell

510 King Street, Suite 301 

Alexandria, Virginia 22314

rmmarino@rpb-law.com

__/s/ John T. Donelan__________________

JOHN T. DONELAN

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