Barrett Burke Wilson Castle Daffin & Frappier, L.L.P. BBWCDF# 00000000081216

1900 St. James Place, Suite 500

Houston, Texas 77056

(713) 621-8673

Attorney for GMAC MORTGAGE CORPORATION

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE NORTHERN DISTRICT OF TEXAS

WICHITA FALLS DIVISION

IN RE: § CASE NO. 02-70068-HDH-13

§

RICHARD GONZALEZ NAVARRO and §

IRMA VIRGENMINA NAVARRO, §

Debtor § CHAPTER 13

§

GMAC MORTGAGE CORPORATION, §

Movant § HEARING DATE: 09/28/2005

§

v. § TIME: 01:30 PM

§

RICHARD GONZALEZ NAVARRO and §

IRMA VIRGENMINA NAVARRO; §

and WALTER O'CHESKEY, §

Trustee §

Respondents § JUDGE HARLIN D. HALE

MOTION OF GMAC MORTGAGE CORPORATION

FOR RELIEF FROM STAY AND WAIVER OF THIRTY DAY REQUIREMENT

PURSUANT TO § 362(e)

NOTICE - RESPONSE REQUIRED

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

REQUIRED. THE TRUSTEE, IF ONE HAS BEEN APPOINTED, OR THE

DEBTOR SHALL FILE A RESPONSE TO ANY MOTION FOR RELIEF

FROM THE AUTOMATIC STAY WITHIN TWELVE (12) DAYS FROM

THE SERVICE OF THE MOTION. THE DEBTOR'S RESPONSE SHALL

INCLUDE A DETAILED AND COMPREHENSIVE STATEMENT AS TO

HOW THE MOVANT CAN BE "ADEQUATELY PROTECTED" IF THE

STAY IS TO BE CONTINUED. IF THE DEBTOR DOES NOT FILE A

RESPONSE AS REQUIRED, THE ALLEGATIONS IN THE CREDITOR'S

MOTION FOR RELIEF FROM THE AUTOMATIC STAY SHALL BE

DEEMED ADMITTED, UNLESS GOOD CAUSE IS SHOWN WHY THESE

ALLEGATIONS SHOULD NOT BE DEEMED ADMITTED, AND AN

ORDER GRANTING THE RELIEF SOUGHT MAY BE ENTERED BY

DEFAULT.

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File a written response with the court at:

CLERK, U.S. BANKRUPTCY COURT

EARLE CABELL U.S. COURTHOUSE, 1100 COMMERCE STREET, Room

1254,

DALLAS, TX 75242-1003

UNDER BANKRUPTCY RULE 9006 (e) SERVICE BY MAIL IS

COMPLETE UPON MAILING; UNDER BANKRUPTCY RULE 9006 (f),

THREE (3) DAYS ARE ADDED TO THE PERIOD FOR FILING A

RESPONSE WHEN NOTICE OF THE PERIOD IS SERVED BY MAIL.

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW Movant, GMAC MORTGAGE CORPORATION, by and through the

undersigned attorney, and moves the Court as follows:

1. This Motion is brought pursuant to 11 U.S.C. Section 362(d) and in accordance

with Rule 9014 of the Bankruptcy Rules.

2. On or about January 18, 2002, Debtors (hereinafter "Debtor") filed a petition for

an order of relief under Chapter 13 of the Bankruptcy Code, 11 U.S.C.

3. At the time of filing the Chapter 13 petition, Movant held a Note executed on

April 7, 1994, in the original amount of EIGHTEEN THOUSAND FOUR HUNDRED FIFTY

DOLLARS AND ZERO CENTS ($18,450.00) with interest thereon at the rate of 7.000% per

annum.

4. The indebtedness is secured by a Deed of Trust dated April 7, 1994.

REAL PROPERTY AND IMPROVEMENTS MORE COMMONLY KNOWN

AS 1625 BEST BLVD., WICHITA FALLS, WICHITA COUNTY, TEXAS

76308.

5. Debtor has failed to maintain current the post-petition payments due under the

Note and is presently in arrears for 4 payments through and including the September 1, 2005

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payment.

6. Further cause may exist to terminate the automatic stay if the Debtor fail to

provide proof of adequate insurance and payment of applicable taxes by Debtor as required by

the Note and Deed of Trust. Movant hereby demands proof of insurance and payment of

applicable taxes by Debtor. Movant reserves the right to further assert that Debtor has failed

to pay taxes or insurance based on the response of Debtor.

7. In accordance with the terms of the Note and Deed of Trust, Movant would

allege that it is entitled to reasonable post-petition attorneys fees, including, but not limited to,

fees, if any, for the preparation and filing of a proof of claim and fees and costs for the filing of

this Motion for Relief from Stay.

8. By reason of the foregoing, Movant requests the Court to terminate the stay so

Movant may proceed to foreclose in accordance with its Note and Deed of Trust.

9. Debtor has failed to provide adequate protection to Movant which constitutes

cause to terminate the automatic stay of 11 U.S.C. §362(a).

10. The outstanding indebtedness to Movant is $6,147.67 principal plus accrued

interest, late charges, attorneys fees and costs as provided in the Note and Deed of Trust.

11. Movant reserves the right to assert an 11 U.S.C. § 362(d)(2) Cause of Action, if

appropriate, at the hearing on Movant's Motion for Relief.

12. The provision of Rule 4001 (a) (3) should be waived and Movant be permitted to

immediately enforce and implement any order granting relief from the automatic stay.

WHEREFORE, Movant prays that this Court enter an order, after notice and hearing,

terminating the automatic stay as to Movant; alternatively, Movant be made whole by having

all post-petition payments brought current. Movant further prays that the Court waive the

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provision of Rule 4001 (a) (3) and that GMAC MORTGAGE CORPORATION be permitted

to immediately enforce and implement any order granting relief from the automatic stay; that

Movant be awarded its reasonable post-petition attorneys fees and expenses for this Motion;

and, that Movant be granted such other and further relief as is just.

Respectfully submitted,

BARRETT BURKE WILSON

CASTLE DAFFIN & FRAPPIER, L.L.P.

BY: /s/ FELICIA SANOV

TBA NO. 17635900

1900 St. James Place, Suite 500

Houston, Texas 77056

Telephone: (713) 621-8673

Facsimile: (713) 621-8583

E-mail: NDECF@BBWCDF.COM

ATTORNEY FOR MOVANT

9/9/2005

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Barrett Burke Wilson Castle Daffin & Frappier, L.L.P., represents the creditor on the

foregoing Motion. The undersigned, an attorney, employed by Barrett Burke Wilson Castle

Daffin & Frappier, L.L.P., states that prior to filing the foregoing motion he/she did the

following:

CERTIFICATE OF CONFERENCE

Made a good faith effort to negotiate a settlement of the dispute with Debtor's Counsel.

Date of Conference Call: September 9, 2005 at 10:12 a.m.

/s/ FELICIA SANOV

TBA NO. 17635900

1900 St. James Place, Suite 500

Houston, Texas 77056

Telephone: (713) 621-8673

Facsimile: (713) 621-8583

E-mail: NDECF@BBWCDF.COM

ATTORNEY FOR MOVANT

BY:

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CERTIFICATE OF SERVICE

/s/ FELICIA SANOV 9/9/2005

I hereby certify that on September 09, 2005, a true and correct copy of the foregoing Motion

for Relief from Stay was served via electronic means as listed on the Court's ECF noticing

system or by regular first class mail to the parties on the attached list.

Respectfully submitted,

BARRETT BURKE WILSON

CASTLE DAFFIN & FRAPPIER, L.L.P.

TBA NO. 17635900

1900 St. James Place, Suite 500

Houston, Texas 77056

Telephone: (713) 621-8673

Facsimile: (713) 621-8583

E-mail: NDECF@BBWCDF.COM

ATTORNEY FOR MOVANT

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DEBTORS:

RICHARD GONZALEZ NAVARRO

1645 HWY 258 EAST

WICHITA FALLS, TX 76310

IRMA VIRGENMINA NAVARRO

1645 HWY 258 EAST

WICHITA FALLS, TX 76310

TRUSTEE:

WALTER O'CHESKEY

6308 IOLA AVE.

SUITE 100

LUBBOCK, TX 79424

US TRUSTEE:

1100 COMMERCE STREET, ROOM 976

EARLE CABELL FEDERAL BLDG

DALLAS, TX 75242

DEBTOR'S ATTORNEY:

MONTE J WHITE

1106 BROOKE AVENUE

WHICHITA FALLS, TX 76301

PARTIES REQUESTING NOTICE:

BARBARA K. HAMILTON

PO BOX 35480

NEWARK, NJ 07193

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