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In re: )
)
DAVID DARNELL BROWN ) Case No. 10-11399
) Chapter 13
) Judge George C. Paine II
Debtor(s). )
)
WELLS FARGO FINANCIAL TENNESSEE, )
INC. )
)
Movant, )
v. )
)
DAVID DARNELL BROWN , and )
HENRY E. HILDEBRAND III, Trustee, )
)
Respondents. )
Wells Fargo Financial Tennessee, Inc. (“Wells Fargo”), a secured creditor, by and
through its counsel, moves this Court to grant it relief from the automatic stay. In support of this
1. This Court has jurisdiction over this contested matter pursuant to 28 U.S.C. §§
157(b)(2)(G).
2. On October 21, 2010, the Debtor filed for relief under Chapter 13 of the United
States Bankruptcy Code in the Middle District of Tennessee (the “Petition Date”).
Sale Contract dated January 21, 2005 (the “Contract”), for which Debtor
“Collateral”).
4. Wells Fargo was granted a first priority, unavoidable, validly perfected security
Certificate of Title.
5. A copy of the Contract and the Certificate of Title are attached to the Proof of
7. The Debtor is in default under the Contract to Wells Fargo for nonpayment of the
8. Debtors are required to maintain insurance against loss or damage to the subject
Collateral.
9. Wells Fargo has not received, nor has it been offered, adequate protection for its
10. Cause exists for relief from the automatic stay pursuant to 11 U.S.C. § 362(d).
11. Pursuant to 11 U.S.C. § 554(b), abandonment by the Trustee is just and proper.
12. Wells Fargo additionally requests that the provisions of Fed. R. Bankr. P.
1. The Court grant relief from the automatic stay to permit it to foreclose upon and
otherwise exercise its right with respect to the Collateral in accordance with
3. Wells Fargo be granted the right to file an amended proof of claim upon
5. Wells Fargo be granted such other and further relief as the Court deems
appropriate.
Respectfully submitted,
The undersigned hereby certifies that a true and exact copy hereof has been served, via
electronic transmission or via first-class U.S. Mail, postage prepaid, to the following:
Lynda F. Jones
The Jones Law Group PLLC
343 Harrison Street
Nashville, TN 37219
Beth Derrick
United States Trustee's Office
701 Broadway, Room 318
Nashville, Tennessee 37203
Henry E. Hildebrand
Chapter 13 Trustee - M.D.
P.O. Box 190664
Nashville, TN 37219