Armelle Nina Van Dorp Hillman

BGW#: 63560
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
IN RE: 	Case No. 08-00638-SMT
ARMELLE N. VAN DORP
Debtor 	Chapter 7
____________________________________
WELLS FARGO BANK NATIONAL ASSOCIATION
c/o AMERICAN HOME MORTGAGE SERVICING, INC.
Movant
vs.
ARMELLE N. VAN DORP
Debtor/Respondent
and
WENDELL W. WEBSTER
Trustee/Respondent
_________________________________________________________________________
ORDER GRANTING RELIEF FROM AUTOMATIC STAY
Page: 1
MEMORANDUM DECISION AND ORDER The debtor's sole defense
is non-meritorious for the same reasons the court announced in
an oral decision re another creditor's motion in this case. The
creditor has shown cause for lifting the stay (nonpayment of the
mortgage in a non-reorganization case in which the trustee has no
interest in administering the asset), and that showing of cause is
not defeated by section 521(a)(2)(B) (requiring the debtor to act
within 30 days to surrender collateral as stated in his statement of
intention). Section 521(a)(2)(B) may impose obligations on the
debtor, but it does not confer a right on the debtor to a delay of a
ruling on a lift stay motion pending the debtor's complying with
his obligations under that statute. In any event, surrender of real
property is obviously accomplished via surrendering the property
to the processes of nonbankruptcy law for the enforcement of the
defaulted debt, not by way of physical turnover. The order below
is signed. Dated: 10/30/08.
______________________
S. Martin Teel, Jr.
U.S. Bankruptcy Judge
Case 08-00638 Doc 38 Filed 10/29/08 Entered 10/29/08 16:16:30 Desc Main
Document Page 1 of 2

Upon review of the Motion for Relief from the Automatic Stay filed herein by 	Wells
Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2005-4 Asset-Backed
Certificates, Series 2005-4, c/o American Home Mortgage Servicing, Inc. ("Movant"), and in
the absence of any opposition thereto,
ORDERED 	that 	the 	Automatic 	Stay 	imposed 	by 	11 	U.S.C. 	§ 	362 	(a) 	is
TERMINATED 	to 	enable 	Movant 	and/or 	its 	successors 	and 	assigns 	to 	proceed 	with 	a
non-judicial foreclosure auction pursuant to District of Columbia Code, against the property
known as 1351 Maple View Place SE, Washington, DC 	20020, and to allow the successful
purchaser to obtain possession of same; and is further,
ORDERED, that the Automatic Stay of 11 U.S.C. § 362 (a) shall not be reimposed as
to the Debtor interest in the property by the conversion of this case to a case under another
Chapter of the United States Bankruptcy Code.
cc:
Bierman, Geesing & Ward, LLC
4520 East West Highway, Suite 200
Bethesda, MD 20814
Wendell W. Webster, Trustee 	Joseph Arthur Thomas
1775 K Street, N.W., Suite 600 	8720 Georgia Avenue, Suite 906
Washington, DC 20006 	Silver Spring, MD 20910,
Armelle N. Van Dorp 	Armelle N. Van Dorp
1351 Maple View Place SE 	36 Girard Street NE
Washington, DC 	20020 	Washington, DC 	20002
U. S. Trustee for Region Four, 11
U. S. Trustee's Office
115 South Union St
Suite 210 Plaza Level
Alexandria, VA 22314
"END OF ORDER"
Page: 2
Case 08-00638 Doc 38 Filed 10/29/08 Entered 10/29/08 16:16:30 Desc Main
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