UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION
IN RE: ALICE N. ACTON EL LEVENTO PHILLIPS Debtor(s). CASE NO. 07-21724-ABC CHAPTER 7
MOTION FOR RELIEF FROM THE AUTOMATIC STAY FILED BY DAIMLERCHRYSLER
Comes now your Movant, DaimlerChrysler, SuccessorTo (“CFS”), by and through its attorney, and in support of its Motion for Relief from the Automatic Stay, would state and show unto the Court that: 1. CFS is a creditor of the debtor(s) by virtue of that certain Retail Installment
Contract dated NoteDate, for the purchase of a 2006 Dodge Ram, which contract was assigned to CFS for value and in good faith. CFS holds a validly perfected, first priority security interest in the 2006 Dodge Ram as noted on the Certificate of Title issued by the State of Tennessee. A copy of the contract and the Certificate of Title are attached hereto as exhibits and incorporated herein. 2. Debtor(s) filed this bankruptcy case on 10/16/2007, which was subsequently
confirmed on ConfirmationDate. 3. Debtor(s) are not making payments OR making only partial payments OR
making sporadic payments to the Trustee's office, thereby causing the Plan to have a shortage. 4. CFS has not received a payment on its collateral since .
5. $ . 6.
The monthly Plan payments to CFS are in arrears in the approximate amount of
The value of the collateral is rapidly depreciating while the debtor(s) continue to
operate the vehicle. 7. Pursuant to 11 U.S.C. Section 362(d)(1), sufficient cause exists, including lack of
adequate protection, for the lifting of the automatic stay as to CFS, its collateral and the proceeds thereof. 8. Pursuant to 11 U.S.C. Section 1301, sufficient cause exists, including lack of
adequate protection, for the lifting of the co-debtor stay as to CFS, its collateral and the proceeds thereof. WHEREFORE, the above premises considered, CFS prays that: 1. Movant be relieved from the automatic stay pursuant to 11 U.S.C. Section 362
and be allowed to take possession of the above described collateral and proceed with any and all remedies available under state and/or federal law that are not inconsistent with Title 11 of the United States Code; 2. The provisions of Rule 4001(a)(3) of the Federal Rules of Bankruptcy Procedure
be waived; and 3. For such other and further relief to which it may be entitled.
Respectfully submitted,
Robert J. Fehse (22786) Attorney for DaimlerChrysler 88 Union Avenue, Suite 700 Memphis, TN 38103 (901) 271-0712
rfehse@haledewey.com OF COUNSEL: HALE, DEWEY & KNIGHT, PLLC
CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the ________ day of ____________, 2008, a copy of the foregoing electronically filed Motion for Relief from Automatic Stay and Co-Debtor Stay was served on the parties listed below by first-class mail, postage-prepaid, unless said party is a registered CM/ECF participant who has consented to electronic notice, and the Notice of Electronic Filing indicates that Notice was electronically mailed to said party.
DbtrAttyName DbtrAttyAddress DbtrAttyCity, DBTRATTYSTATE DbtrAttyPostalCode Attorney for Debtor(s)
Sally Zeman P.O. Box 1169 Denver, CO 80201 Chapter 13 Trustee
Alice N. Acton El Levento Phillips 539 College Street Huntsville, AL 33154
Robert J. Fehse, Esq.