Sara A. John, VSB #48425

M. Richard Epps, P.C.

605 Lynnhaven Parkway

Virginia Beach, VA 23452

757-498-9600

sara_john@eppspc.com

Counsel for Plaintiff

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Alexandria Division

In re: )

Brian Thorne )

Traci Thorne )

) Case No. 19-14197-KHK

) Chapter 7

Debtors

NOTICE OF MOTION AND HEARING

Santander Consumer USA Inc. has filed papers with the court to move the court for relief 

from the automatic stay.

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.)

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 on or before fourteen (14) days from the date of service 

of this motion, you or your attorney must:

□ File with the court, at the address shown below, a written response with supporting 

memorandum as required by Local Bankruptcy Rule 9013-1(H). Unless a written 

response and supporting memorandum are filed and served by the date 

specified, the Court may deem any 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 date stated above. You must 

also mail a copy to the persons listed below. 

□ Attend the hearing scheduled to be held on March 4, 2020 at 9:30 AM in United 

States Bankruptcy Court, 200 South Washington Street, 3

rd Floor, Courtroom III, 

Alexandria, Virginia 22314. If no timely response has been filed opposing the 

relief requested, the court may grant the relief without holding a hearing.

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□ A copy of any written response must be mailed to the following persons:

Clerk of Court

United States Bankruptcy Court

200 S. Washington Street

Alexandria, Virginia 22314

Sara A. John

M. Richard Epps, P.C.

605 Lynnhaven Parkway

Virginia Beach, VA 23452.

If you or your attorney do not take these steps, the court may decide that you do not oppose 

the relief sought in the motion and may enter an order granting that relief.

Date: January 29, 2020 Signature, name, address and telephone number

of person giving notice:

 /s/ Sara A. John

Sara A. John

M. Richard Epps, P.C.

605 Lynnhaven Parkway

Virginia Beach, VA 23452

757-498-9600

Virginia State Bar Number 48425

Counsel for Santander Consumer USA Inc.

Certificate of Service

I hereby certify that on January 29, 2020, I mailed or electronically served a true copy of this 

Notice of Motion to: Brian Thorne, 46804 Rabbitrun Terrace, Sterling, VA 20164; Traci Thorne, 

46804 Rabbitrun Terrace, Sterling, VA 20164; Donald F. King, Trustee, 101 Constitution Avenue,

N.W., Suite 900, Washington, DC 20001; and Ashvin Pandurangi, Counsel to Debtors, 13002 

Occoquan Road, Woodbridge, VA 22192.

 /s/ Sara A. John

Sara A. John

M. Richard Epps, P.C.

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Sara A. John, VSB #48425

M. Richard Epps, P.C.

605 Lynnhaven Parkway

Virginia Beach, VA 23452

757-498-9600

sara_john@eppspc.com

Counsel for Plaintiff

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Alexandria Division

In re:

Brian Thorne Case No. 19-14197-KHK

Traci Thorne 

Debtors. Chapter 7

Santander Consumer USA Inc.,

Plaintiff,

v.

Brian Thorne,

Traci Thorne,

and

Donald F. King, Trustee,

Defendants.

MOTION FOR RELIEF FROM STAY

NOW COMES Santander Consumer USA Inc., by counsel, and states as follows as its 

Motion for Relief from Stay against Debtors:

1. This Court has jurisdiction over the matters herein alleged pursuant to 28 U.S.C. § 1334. 

This matter constitutes a core proceeding within the meaning of 28 U.S.C. § 157 and is a contested 

matter under Rules 4001 and 9014 of the Federal Rules of Bankruptcy Procedure.

2. That on December 31, 2019, Debtors filed a petition for relief under 11 U.S.C. Chapter 7.

3. Debtors herein own an interest in the following described motor vehicle: a 2013 Ford Escape, 

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VIN 1FMCU0GX9DUD84049 (the “vehicle”).

4. Plaintiff is a secured creditor of Debtors, being secured by a lien on the vehicle, which lien 

has been recorded on the certificate of title to the vehicle.

5. That at the time of the Chapter 7 petition in bankruptcy, Debtors were and continue to be in 

default under the terms of the loan with Plaintiff in that payments due thereunder are delinquent for 

the September 16, 2019 through January 16, 2020 payments with arrearages totaling $3,991.99. The 

payoff on the loan is approximately $21,081.63. The vehicle was repossessed pre-petition and 

remains under Plaintiff’s control. Additionally, Plaintiff has incurred attorney’s fees and costs in the 

filing of this Motion.

6. That the vehicle has a NADA retail value of $7,225.00. There is no equity in the vehicle that 

would inure to the benefit of the bankruptcy estate.

7. That Plaintiff lacks adequate protection.

8. For the above and foregoing reasons, Plaintiff asserts that cause exists sufficient to waive the 

requirement of Bankruptcy Rule 4001 (a)(3), therefore allowing the Order granting the relief sought 

to be effective upon its entry.

WHEREFORE, Plaintiff moves the Court for relief from the automatic stay as to the abovedescribed property pursuant to 11 U.S.C. § 362 so that it may proceed in accordance with state law.

Santander Consumer USA Inc.

 /s/ Sara A. John 

Sara A. John

M. Richard Epps, P.C.

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Sara A. John, VSB #48425

M. Richard Epps, P.C.

605 Lynnhaven Parkway

Virginia Beach, VA 23452

757-498-9600

sara_john@eppspc.com

Counsel for Plaintiff

Certificate of Service

I hereby certify that on January 29, 2020, I mailed or electronically served a true copy of this 

Motion for Relief From Stay to: Brian Thorne, 46804 Rabbitrun Terrace, Sterling, VA 20164; Traci

Thorne, 46804 Rabbitrun Terrace, Sterling, VA 20164; Donald F. King, Trustee, 101 Constitution 

Avenue, N.W., Suite 900, Washington, DC 20001; and Ashvin Pandurangi, Counsel to Debtors,

13002 Occoquan Road, Woodbridge, VA 22192.

 /s/ Sara A. John 

Sara A. John

M. Richard Epps, P.C.

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