16-023521_VMP 

UNITED STATES BANKRUPTCY COURT 

NORTHERN DISTRICT OF ILLINOIS 

CHICAGO DIVISION 

In re: 

Yashica L. Spellman 

Debtor.

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: 

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Case No.: 16-27238 

Chapter 13 

Judge Carol A. Doyle 

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NOTICE OF MOTION

Notified via Electronic Filing

U.S. Trustee, Patrick S. Layng, 

Office of the United States Trustee, Region 11, 

219 S. Dearborn Street, Room 873 

Chicago, IL 60604 

Tom Vaughn 

55 E. Monroe Street 

Suite 3850 

Chicago, IL 60603 

David H. Cutler 

Attorney for Yashica L. Spellman 

4131 Main St. 

Skokie, IL 60076 

cutlerfilings@gmail.com 

Notified via US Postal Service

Yashica L. Spellman1218 S Sawyer 

Chicago, IL 60623 

Yashica L. Spellman 

1218 S Sawyer Avenue 

Chicago, IL 60623 

Please take notice that on February 21, 2017, at 9:15 a.m., or as soon thereafter as I may be 

heard, I shall appear before the Honorable Judge Carol A. Doyle, 219 South Dearborn, 742, 

Chicago, IL, 60604 or before any other Bankruptcy Judge who may be presiding in his/her place 

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and stead and shall then and there present the accompanying motion. At that time and place you 

may attend if you so choose. 

AFFIDAVIT OF SERVICE

The undersigned, an attorney, hereby certifies that I have served a copy of this Notice along with 

the attached motion upon the parties listed above, by causing same to be mailed in a properly 

addressed envelope, postage prepaid, on 10th day of February, 2017, unless a copy was provided 

electronically by the Clerk of the Court. 

Date February 10, 2017 

Signature 

/s/ Sarah E. Barngrover 

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CERTIFICATE OF SERVICE

The undersigned hereby certifies that a copy of the foregoing Notice of Motion was 

served on the parties listed below via e-mail notification: 

U.S. Trustee, Patrick S. Layng, Office of the United States Trustee, Region 11, 219 S. 

Dearborn Street, Room 873, Chicago, IL 60604 

Tom Vaughn, 55 E. Monroe Street, Suite 3850, Chicago, IL 60603 

David H. Cutler, Attorney for Yashica L. Spellman, 4131 Main St., Skokie, IL 60076, 

cutlerfilings@gmail.com 

The below listed parties were served via regular U.S. Mail, postage prepaid, on February ___, 

2017: 

Yashica L. Spellman, 1218 S Sawyer, Chicago, IL 60623 

Yashica L. Spellman, 1218 S Sawyer Avenue, Chicago, IL 60623 

10

/s/ Sarah E. Barngrover 

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UNITED STATES BANKRUPTCY COURT 

NORTHERN DISTRICT OF ILLINOIS 

CHICAGO DIVISION 

In re: 

Yashica L Spellman 

Debtor.

: 

: 

: 

: 

: 

: 

: 

: 

Case No.: 16-27238 

Chapter 13 

Judge Carol A. Doyle 

* * * * * * * * * * * * * * * * * * * * * 

MOTION FOR RELIEF FROM THE AUTOMATIC STAY (FIRST MORTGAGE)

Lakeview Loan Servicing, LLC ("Creditor"), hereby moves the Court ("Motion"), 

pursuant to 11 U.S.C. § 362(d) to lift the automatic stay as to real property commonly referred to 

as 1218 S Sawyer Avenue, Chicago, IL 60623 ("Property"). In support of the Motion, the 

Creditor states the following: 

1. This Court has jurisdiction pursuant to 28 U.S.C. §§ 157 and 1334 and General Rule

2.33 of the United States District Court for the Northern District of Illinois. This is a core 

proceeding under 28 U.S.C. § 157(b)(2). The venue of this case and this Motion are proper 

under 28 U.S.C. § 1408 and 1409. 

2. Yashica Spellman (''Debtor'') filed a Chapter 13 case on August 24, 2016, ("Petition

Date"). 

3. As of the Petition Date, the Creditor was the holder of a claim secured by the

Property, more particularly described in the mortgage ("Mortgage"), a copy of which is attached 

as Exhibit "A". 

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4. The above described Mortgage was given to secure a promissory note, ("Note"),

dated April 7, 2016 and made payable to the Creditor in the original sum of $122,676.00. A 

copy of the Note is attached hereto as Exhibit "B". 

5. The Creditor perfected an interest in the Property, more particularly described in the

Mortgage, recorded in the Cook County Recorder's Office on April 21, 2016. Evidence of 

perfection is attached as Exhibit "A". 

6. As of December 28, 2016, the outstanding principal of the Note was

$122,339.90 and the outstanding interest was $2,640.74. 

7. The Debtor is in default post-petition. A payment history is attached as Exhibit "1".

8. Said failure to make post petition mortgage payments constitutes sufficient grounds

for relief from the automatic stay for cause pursuant to 11 U.S.C. §362(d)(1); 

9. The Property is of inconsequential value and benefit to the estate. Cause exists to lift

the automatic stay under 11 U.S.C. § 362(d)(1) and/or 362(d)(2) for these reasons: 

a. Debtor has no equity in the Property and the Property is not needed by the Debtor for

its reorganization. Creditor believes that the Property has a value of $120,000.00 

based on Schedule D, which is attached hereto as Exhibit "C". The estimated

principal balance is $122,339.90 with additional interest estimated at $2,640.74

and fees in the amount of $49.00, totaling a secured claim of approximately

$125,029.64. After the costs of sale and payment of all liens on the Property, 

there will be effectively no equity in this Property. Based upon the lack of 

equity in the Property, Creditor asserts that the Property is burdensome and/or of 

inconsequential value and benefit to the estate. 

b. The Creditor is not being adequately protected. Per the Note and Mortgage,

payments are applied to the last month due. Based on the foregoing, Debtor has 

failed to make periodic payments to Creditor since October 1, 2016, which unpaid 

payments less any funds being held in suspense are in the aggregate amount of 

$4,237.60 through January 2017. As of January 1, 2017, Debtor was to have 

made 5 post petition payments. Debtor has only made 1 post petition payments. 

Debtor is delinquent 4 post petition payments. 

10. The Movant requests that the Court order that Rule 4001(a)(3) is not applicable.

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WHEREFORE, the Creditor prays for the entry of the attached Order Granting Relief 

from the Automatic Stay and the Trustee is hereby directed to halt disbursements to Creditor 

upon the filing of the Order Granting Relief from the Automatic Stay. 

Respectfully submitted, 

Todd J. Ruchman (6271827) 

Keith Levy (6279243) 

Sarah E. Barngrover (28840-64) 

Adam B. Hall (0088234) 

Edward H. Cahill (0088985) 

Daniel C. Wolters (0076521) 

Manley Deas Kochalski LLC 

P.O. Box 165028 

Columbus OH 43216-5028

614-220-5611; Fax: 614-627-8181 

Attorneys for Creditor 

The case attorney for this file is Todd J. 

Ruchman. 

Contact email is 

tjruchman@manleydeas.com 

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CERTIFICATE OF SERVICE

The undersigned hereby certifies that a copy of the foregoing Motion for Relief from the 

Automatic Stay (First Mortgage) was served on the parties listed below via e-mail notification: 

U.S. Trustee, Patrick S. Layng, Office of the United States Trustee, Region 11, 219 

S. Dearborn Street, Room 873, Chicago, IL 60604 

Tom Vaughn, 55 E. Monroe Street, Suite 3850, Chicago, IL 60603 

David H. Cutler, Attorney for Yashica L Spellman, 4131 Main St., Skokie, IL 60076, 

cutlerfilings@gmail.com 

The below listed parties were served via regular U.S. Mail, postage prepaid, on February 10,

2017: 

Yashica L Spellman, 1218 S Sawyer, Chicago, IL 60623 

Yashica L Spellman, 1218 S Sawyer Avenue, Chicago, IL 60623 

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