IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION 

In the Bankruptcy Matter of: 

 Bankruptcy No. 16-25461 

Raul A. Hoare Judge Jacqueline P. Cox 

 Chapter: 13 

 Debtor 

NOTICE OF MOTION 

TO: Raul A. Hoare, 3230 W. Olive Ave., Chicago, IL 60659 

Vasilike B. Akrivos-Hoare, 4N206 Central Avenue, Bensenville, Illinois 60106. 

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

Joseph S. Davidson, 900 Jorie Boulevard, Suite 150, Oak Brook, IL 60523 

Patrick S. Layng, Office of the U.S. Trustee, Region 11, 219 S. Dearborn St., Room 873, 

Chicago, IL 60604 

 Please take notice on September 12, 2016 at 9:00 a.m., I shall appear before the 

Honorable Jacqueline P. Cox, in Courtroom 680, Everett McKinley Dirksen United States 

Courthouse, 219 South Dearborn Street, Chicago, Illinois 60604, and present the attached motion 

at which time you may appear if you wish. 

/s/ Rocio Herrera 

Rocio Herrera, IL ARDC #6303516 

CERTIFICATE OF SERVICE 

I, Rocio Herrera, an attorney certify that I served the attached motion by mailing a copy to the 

Debtor at the address listed above by depositing the same in the U.S. mail, first class, postage 

prepaid at 230 W. Monroe St., Chicago, IL 60606 on or before 5:00 p.m. on August 26, 2016. 

The remaining parties were served by the CM/ECF electronic noticing system. 

/s/ Rocio Herrera 

Rocio Herrera, IL ARDC #6303516 

Rocio Herrera 

Johnson, Blumberg, & Associates, LLC 

230 W. Monroe Street, Suite 1125 

Chicago, Illinois 60606 

Ph. 312-541-9710 

Fax 312-541-9711 

NOTICE: 

THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT AND ANY 

INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 

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IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION 

In the Bankruptcy Matter of: 

 Bankruptcy No. 16-25461 

Raul A. Hoare Judge Jacqueline P. Cox 

 Chapter: 13 

 Debtor 

MOTION FOR RELIEF FROM THE AUTOMATIC STAY AND CODEBTOR STAY 

NOW COMES Federal National Mortgage Association (“Fannie Mae”), a corporation 

organized and existing under the laws of the United States of America (hereinafter “Movant”), 

through its attorney, Rocio Herrera of Johnson, Blumberg & Associates, LLC, and states as 

follows: 

1. The Debtor and non-filing co-obligor, Vasilike B. Akrivos-Hoare, signed a Note 

dated January 21, 2010 in the original amount of $185,102.00. Said Note was secured 

by a Mortgage in the same amount on real property more commonly known as 4N206 

Central Avenue, Bensenville, Illinois 60106 (hereinafter, the “Property”). 

2. Subsequently, the Debtor and non-filing co-obligor defaulted on the terms of the 

Mortgage and Note and on March 5, 2014, Movant filed a Complaint to Foreclose 

Mortgage. 

3. On January 6, 2016, Movant caused to be entered a Judgment of Foreclosure and Sale 

pursuant to the above mentioned Complaint to Foreclose Mortgage. (See Judgment of 

Foreclosure and Sale attached hereto as Exhibit A.) 

4. On April 12, 2016, before the filing of this case, a sale was of the Property was held 

pursuant to the above mentioned Judgment of Foreclosure and Sale. At said sale 

Movant purchased the Property for $154,700.00. 

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5. The above-captioned Chapter 13 case was filed on August 8, 2016 and the Debtor's 

Plan has not yet been confirmed. 

6. Pursuant to the Debtor’s Bankruptcy Petition and Schedules, the Debtor does not 

reside at the Property. 

7. The proposed plan provides for the Debtor to surrender the Property and as such the 

Debtor’s plan does not provide payment for Movant’s secured claim. 

8. In this case, a valid sale of the Property was held prior to this case being filed and 

pursuant to 11 U.S.C.S. § 1322(c)(1), the Debtor’s right to cure the default extends 

only to the sale of the property. Colon v. Option One Mortg. Corp., 319 F.3d 912 (7th 

Cir. Ill. 2003). 

9. Therefore, as the Debtor may no longer cure the default, Movant is entitled to relief 

pursuant to 11 U.S.C. 362(d). 

10. In addition, as the Debtor may no longer cure the default, Movant respectfully, 

requests that this Honorable Court enter an order modifying the codebtor stay 

pursuant to 11 U.S.C. §1301(c)(3), as Movant’s interest will be irreparably harm by 

the continuation of the codebtor stay. 

11. Movant adopts the facts set forth in the Statement of Default as additional allegations 

in support of this motion. 

12. Movant requests waiver of 14 day stay provision of Bankruptcy Rule of Procedure 

4001(a)(3). 

WHEREFORE, Federal National Mortgage Association (“Fannie Mae”), a corporation 

organized and existing under the laws of the United States of America prays for the entry of an 

order modifying, annulling or terminating the Automatic Stay instanter to allow foreclosure, 

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eviction, or any other action with respect to the Movant protecting its rights in the subject 

property as the Court deems appropriate and for such other relief as the Court deems just. 

 

/s/ Rocio Herrera 

Rocio Herrera, ARDC #6303516 

Attorney for Federal National Mortgage Association 

(“Fannie Mae”), a corporation organized and 

existing under the laws of the United States of 

America 

Rocio Herrera 

Johnson, Blumberg, & Associates, LLC 

230 W. Monroe Street, Suite 1125 

Chicago, Illinois 60606 

Ph. 312-541-9710 

Fax 312-541-9711 

NOTICE: 

THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION 

OBTAINED WILL BE USED FOR THAT PURPOSE 

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