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 RV DEPOT OF CLEBURNE 

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

IN RE: §

§

MARK RICE, § CASE NO. 23-42473-ELM-13 

DEBTOR. §

NOTICE OF TERMINATION OF AUTOMATIC STAY

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, Greig Automotive VI, Inc. dba RV Depot of Cleburne fdba Automaxx 

("RV Depot"), and hereby certifies that Mark Rice ("Debtor") has defaulted under the terms of the

entered Interim Order Regarding the Automatic Stay entered on September 7, 2023 regarding the

following vehicles:

VEHICLE VIN CONTRACT DATE

2014 Peterbilt 1NPWD49X4ED241610 August 21, 2019

2014 Cottrell AC 5E0AA1440EG540001 August 21, 2019

2012 Peterbilt 388 1NPWD49X1CD155216 May 1, 2019

2012 Cottrell CX-7 5E0AC144XCG371502 May 1, 2019

2014 Peterbilt 1NPWE49X9ED241621 November 22, 2021

1. Per the terms of the entered Interim Order, Debtor was to provide proof of current

insurance pursuant to the terms and conditions of the Contracts with regard to each item of the

Collateral on or before 5:00 p.m. Central time, September 11, 2023. Debtor eventually provided the

proof of insurance attached hereto as Exhibit “A” which does not provide for insurance for the 2012

Peterbilt or the 2012 Cottrell CX-7.

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2. Further, per the terms of the entered Interim Order, on or before 5:00 p.m., Debtor

was to provide an affidavit or declaration under penalty of perjury which detailed the current location

of the Collateral. No such affidavit or declaration was provided. Per 28 U.S.C. §1746, an Unsworn

declaration under penalty of perjury must contain the following: “I declare (or certify, verify, or state)

under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)”. 

Counsel for RV Depot of Cleburne received the email attached hereto as Exhibit “B”. The

“Declaration” was executed after the deadline for the receipt thereof and is not signed as required

by 28 U.S.C. §1746. Is an unsigned email, not a proper declaration. 

3. Therefore, pursuant to the default provisions of the Interim Order, the Automatic Stay

has terminated with respect to RV Depot of Cleburne and the above listed vehicles. 

Respectfully submitted,

/s/ Stephen G. Wilcox

Stephen G. Wilcox

State Bar Number 21454300

WILCOX LAW, PLLC

P.O. Box 201849

Arlington, Texas 76006

(817) 870-1694 Telephone

swilcox@wilcoxlaw.net

ATTORNEY FOR RV DEPOT

OF CLEBURNE

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing Notice of Termination of

Automatic Stay was served by FIRST CLASS MAIL, POSTAGE PRE-PAID on:

Mark Rice

752 W. Main, No. 1418

Mansfield, TX 76063

and by ELECTRONIC FILING on:

Marcus Leinart

10670 N. Central Expressway, Suite 320

Dallas, TX 75231

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Tim Truman

6851 N.E. Loop 820, Suite 300

North Richland Hills, TX 76180

on September 15, 2023.

/s/ Stephen G. Wilcox

Stephen G. Wilcox

8361-00009-569434

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