Stephen G. Wilcox

State Bar Number 21454300

WILCOX LAW, PLLC

P.O. Box 201849

Arlington, TX 76006

(817) 870-1694 Telephone

swilcox@wilcoxlaw.net

ATTORNEY FOR MECHANICS BANK, A CALIFORNIA BANKING CORPORATION

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

IN RE: §

§

JOSHUA & DESIREE LIVINGSTON, § CASE NO. 24-41102-ELM-13

DEBTORS, §

§

MECHANICS BANK, A CALIFORNIA §

BANKING CORPORATION, §

MOVANT, §

§

VS. § A Hearing on the Motion for Relief from

§ the Automatic Stay or, in the Alternative,

JOSHUA & DESIREE LIVINGSTON, § Request for Adequate Protection set:

RESPONDENTS. § JULY 3, 2024 AT 9:30 AM

MOTION FOR RELIEF FROM THE AUTOMATIC STAY

OR, IN THE ALTERNATIVE, REQUEST FOR ADEQUATE PROTECTION

TO THE HONORABLE UNITED STATES BANKRUPTCY JUDGE:

COMES NOW, Mechanics Bank, a California banking corporation ("Mechanics Bank"),

complaining of Joshua & Desiree Livingston ("Debtors") and for cause of action would respectfully

show the Court as follows:

1. This Court has jurisdiction over this proceeding pursuant to 28 U.S.C. § 157 and 11

U.S.C. § 362. This is a core proceeding.

2. Mechanics Bank, a California banking corporation is a corporation doing business

in Texas. Debtors may be served at 3455 FM 731, Burleson, TX 76028.

3. Debtors filed a petition pursuant to Chapter 13 of Title 11 on or about March 30,

2024. An Order for Relief was subsequently entered.

4. Mechanics Bank is a secured creditor of the above-referenced Debtors by virtue of

a security interest in a 2015 Audi A5, Vehicle Identification Number WAUMFAFR5FA050789. 

5. Debtors are obligated under the terms of their Chapter 13 Plan to pay Mechanics

Bank directly.

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6. As of June 3, 2024, Mechanics Bank was owed the net contractual balance of

$13,499.08 with regard to the vehicle. The monthly payments are $425.64 each. As of June 3, 2024,

the account was due for the April 1, 2024 payment and all payments due since that time. Total

arrears as of June 3, 2024 were $1,465.22.

7. But for the automatic stay, Mechanics Bank could and would foreclose its lien on the

collateral in which it holds a security interest.

8. Mechanics Bank does not have and Debtors are not able to offer adequate protection

of Mechanics Bank's interest in the collateral securing Mechanics Bank's debt.

9. Cause exists to terminate the automatic stay because of Debtors' failure to timely

make payments per the terms of the Contract and Plan.

10. Further cause may exist to terminate the automatic stay if the vehicle is not properly

insured. Mechanics Bank does not have proof of current insurance listing Mechanics Bank as loss

payee.

11. Because the collateral described herein depreciates and may not be insured, any Order

either terminating or conditioning the automatic stay should be effective immediately and there

should be no stay of the Order for fourteen days after the entry of the Order.

WHEREFORE, PREMISES CONSIDERED, Mechanics Bank, a California banking

corporation prays for:

1. An Order of this Court granting Mechanics Bank relief from the automatic stay

imposed pursuant to 11 U.S.C. § 362;

2. An Order of this Court authorizing Mechanics Bank to exercise its state law rights

with regard to the Collateral;

3. In the alternative, an Order of this Court requiring Debtors to provide Mechanics

Bank with adequate protection of its interest in the collateral, including attorney’s fees and costs; 

4. An Order of this Court finding that any Order entered with regard to this Motion

should be effective immediately upon its entry and should not be stayed for fourteen days following

the entry of said Order; and

5. For such other and further relief, both general and specific, to which Mechanics Bank

may show itself justly entitled.

Respectfully submitted,

/s/ Stephen G. Wilcox

Stephen G. Wilcox

State Bar Number 21454300

WILCOX LAW, PLLC

P.O. Box 201849

Arlington, TX 76006

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(817) 870-1694 Telephone

swilcox@wilcoxlaw.net

ATTORNEY FOR MECHANICS BANK, A

CALIFORNIA BANKING CORPORATION

NOTICE REGARDING REQUIRED ANSWER

PURSUANT TO LOCAL BANKRUPTCY RULE 4001-1(b), A RESPONSE IS REQUIRED

TO THIS MOTION, OR THE ALLEGATIONS IN THE MOTION MAY BE DEEMED

ADMITTED, AND AN ORDER GRANTING THE RELIEF SOUGHT MAY BE ENTERED

BY DEFAULT.

ANY RESPONSE SHALL BE IN WRITING AND FILED WITH THE CLERK OF THE

UNITED STATES BANKRUPTCY COURT AT ELDON B. MAHON U.S. COURTHOUSE,

501 W. 10TH ST., FORT WORTH, TX 76102-3643 BEFORE CLOSE OF BUSINESS OF

JUNE 27, 2024, WHICH IS AT LEAST 14 DAYS FROM THE DATE OF SERVICE

HEREOF. A COPY SHALL BE SERVED UPON COUNSEL FOR THE MOVING PARTY

AND ANY TRUSTEE OR EXAMINER APPOINTED IN THE CASE. ANY RESPONSE

SHALL INCLUDE A DETAILED AND COMPREHENSIVE STATEMENT AS TO HOW

THE MOVANT CAN BE “ADEQUATELY PROTECTED” IF THE STAY IS TO BE

CONTINUED.

CERTIFICATE OF CONFERENCE

I, the undersigned, hereby certify that prior to the filing of this Motion, I did the following:

My office contacted Debtors’ attorney’s office regarding opposition to the Motion and as of the

filing of the Motion, a response has not been received.

/s/ Stephen G. Wilcox

Stephen G. Wilcox

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing Motion for Relief from the

Automatic Stay or, in the Alternative, Request for Adequate Protection was served by FIRST

CLASS MAIL, POSTAGE PREPAID on:

Joshua & Desiree Livingston

3455 FM 731

Burleson, TX 76028

and by ELECTRONIC FILING on:

Marcus Leinart

10670 N. Central Expressway, Suite 320

Dallas, TX 75231

Pam Bassel

860 Airport Frwy., Suite 150

Hurst, TX 76054

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Office of the U.S. Trustee

1100 Commerce, Room 976

Dallas, TX 75242

on June 13, 2024.

/s/ Stephen G. Wilcox

Stephen G. Wilcox

SUMMARY OF EXHIBITS

1. Vehicle Retail Instalment Contract dated September 17, 2021 on a 2015 Audi A5, Vehicle

Identification Number WAUMFAFR5FA050789

2. Certificate of Title on a 2015 Audi A5, Vehicle Identification Number

WAUMFAFR5FA050789

3. Affidavit of Kassandra Jaramillo

*Copies of Exhibits are available by written request to:

Kim Raudry

Wilcox Law, PLLC

P.O. Box 201849

Arlington, TX 76006

kraudry@wilcoxlaw.net

8323-00851-586373

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