Case 04-32969 Doc 14 Filed 07/27/04 Entered 07/27/04 14:54:00 Desc Converted

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04-28353
In Re:
Deborah Leverty,
UITED STATES BANRUPTCY COURT
DISTRICT OF MINESOTA
Chapter 13 Case:
Case Numer BKY 04-326-DDO
DeL!Lur ( s)
NOTICE OF HEARING AND MOTION
FOR RELIEF FROM STAY
To: To Debtor(s) and other entities specified in Local Rule 9013-
3 (a)
1. Lenny Frolov, by its undersigned attorney, moves the Court for
reliet requested below and gives Notice of Hearing within.
2. The Court will hold a Hearing on this Motion at 9:30 a. m on
Auguot 18, 2004, in Courtroon1 No. 228A, it U.S. Bankruptcy Col1rt1
316 North Robert Street, St . Paul, Minnesota, or as soon thereafter
as counsel can be heard.
3. Any response to this mot..on must be filed and delivered no
later than August 13, 2004, which is three days before the time set
for the hearing (excluding Saturdays, Sundays, and holidays), or
filed and served no later than August 9, 2004, which is seven days
before the time set for the (excluding Saturdays, Sundays,
and holidays). UNLESS A RESPONSE OPPOSING THE MOTION IS TIMELY
FILED, THE COURT MY GRNT THE MOTION WITHOUT A HEARING.
4. Pursuant to Local Rule 4001-1, unless a response to this
motion io filed, the court may, in its discretion, enter an order
grant ing relief from the stay cwi thout a hearing.
5. This Motion is filed under Bankruptcy Rule 4001, this
proceeding arises under 11 USC Sec. 362 and movant requests relief
from the automatic stay with respect to exempt property of the
debtor subject to a lien. The Petition commencing this Chapter 13
Case was filed on May 17, 2004. This case is now pending in this
Court. This Court has jurisdiction over this Motion proceeding
under 28 USC Sec. 157 and 1334, Bankruptcy Rule 5005 and Local Rule
1070-1 .
6. On November 2, 2002, the debtor made, executed and delivered
to Lenny Frolov. a Contract for Deed in the original principal
amount of $125,000.00 payable in monthly installments of $1,000.00
commencing on December - , 2002 and on the first day of each and
every calendar month thereafter until the principal and interest
were fully paid, relative to certain real estate in Ramsey County,
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Minnesota, uegally dcocribcd ao follows:
Lots 8 and 9, except the North 60 Feet thereof,
Subdivision of Block 15, ai rview Addi ti on
Minnesota
Geo. Doehne's
to St. Paul,
which property has an address of: 977 Jfs>ie Street, St. Paul, MN
55411, which said Contract W<. filed for record in the office ot
the Recorder, County of Ramsey, on November 5, 2002, as Document
No. 3550859. A copy of the Contract is attached hereto as Exhibit
''A'' and mad' a paLL l1e1eoI L 1eference.
7. The debtor (s) has filed the plan dated May 25, 2004, which was
CC1131UGC Lj StLSC_\G1 (CL1| )1. i _.1 _!r: ^C1_
other things that:
"2. Each secured claim is designated as a separate class,
shall be determinGd under 11 use 506, and shall be paid the
amount allowed as of the effective date of the plan for the
payments due, it such payments are maintained as provi ded
below, and eah holder thereot shall retain the lien securing
such claim until the claim is paid.''
` Debtors or the trustee, if so provided below, ohall cure
defaults within a reasonable time, and the debtor shall
maintain the payments due while the case is pending on any
claim secured solely by a security interest in a mobile home
or real property."
8. Notwithstanding the foregoing provisions of said plan, the
debtors have not mainta.ined current payments with respeCt to said
Contract while this case is pending.
9. Debtor is delinquent on required payments. Debtor has not made
any payments on the Contract since the Bankruptcy was filed on May
17, 2004. Amounts currently due and owing include the following:
2 payments @ $1,0CO.OO
2 late charges @ $50.00
Attorney Fees/rnsts
TOTAL DUE
$2,000.00
100.00
800.00
$2,900.00
10. The amount due and owing include the following:
Principal
Jn erest
1CL\\ut u<l' Lees
At to1neyG Fees o \osts
TOTAL
$109,899.19
2,465.60
l''''
800.00
$113,264.79
10. Debtor (s) have c" ai med said mortgaged property exempt
pursuant to MSA 510.01.
11. By reason of the foregoing, good cause exists to lift the
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;: =c b o allc i ?:o::
t Fse its =eed:e e: S:-e :w.
;= a ce= sa= c=ec reliet ro te acoati= s_ay c
:1 D: seti= 262.
2. P:r
-,",-- .
! ": .
rel:e: as Cou::: f .:Cs
SAIRO NORDMEYER, L.L.P.
. :aece ?. Zielke
Nicy A. Nordeyer-121356
:awrece P. Zislke-152559
73CO tro Elvd. STE 390
.:d:. ra, r- ss.39-23Jo
(952;. 831--:60
VERIFICATION
;,.l:;_y 'ro1--, -k' t<"'3:: .a;ed i" the
hsarir.9 a:d r:.o:ic, de:lae _:-de: p::a:y cf
fo=e;oi; is tre ad co= a:cc_ t
kw:ege, orri at t::e.
s i s.e: , -
Le; .: y
13 5 7:
Maple Gcve, f.\ 5531:
of
t.e
r:J
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,. - __M-Contor De-- Minn!Ota lnifc. :C;ac};!
_
Blan. (20<X!).
u:~.easiiia \ Dl((O
' r'\o delinquent taes qd transer entered: Lenicate of
.
u

Real Estate Value ( ) filed ( ) not required.
I
DOC# 3550859
.cr|i\ca|co!Keal Estate Value Jo.
C. J
I
^DfLNQENT ]

,o .. AD
H.
|t Rreart: WM
||l| ||||||||||||| ||| ||| ||||||l|
LJ!.
I,
1H!UI`h^LTthULIO("te Contact") is made on the abvodatcby' LeJroluv a.sige m __
b:!er (whether one or more ).and H0rULen d_( klTv'`
Purcq:cr(whether one or more) (check box if joint tenancy).
Seller and Purchaser agree to the following terms:
|, ]]QILKTY O{SCR!JIOJ. Seller hereby sells, anG Purchaser hircb) buys, real prpcr( in
K>Q / ... .. County, Minnesota, described a!olows.
see attched
;,;l: 1.' Rt.L 5'g Yr+V
_
I0lr w|th all her;dit.nts and appurtenances belon5ins thereto ("the Prcpor'"). Unlesi otherwise ipecifed,
Sdlcr hcrtby d=Iivors poscoccionofde Pmpto Purchaser on the datt herof
Seler check applicable box:
. The Seller ceries that the sc| ler does not know of any wells on the dcscrimd real property.
Awcl l disclosure (ertifcate acomanesthisdocument
um !6mI|i6rwith the property dscrbcdn this instnmv:mt and l certify that the >!Msand niuuber 0Iwells on
Lhe described real properly bave not changed since the la1t previously li[ed well disclosure certificate.
1 `. TIT.n, Scllor warru that title to m Property is, on thcdateofth\sContrat, subject only to tnc following
exceptions:
(a) Cuviiwtw. uoq;nt, n:::tctioms (uoutHcct|v fotfctoreprovfoionr) and doloation:> ofro.ord, if an)';
(b) Reservations of minerals otminer8l rights by \h05ta|of Min>ou,i!any;
(c) Utility ad drinage esements which do not interfere with pmcn! improvements;
(d) Applicable Jaws, ordinances and rgulations;
t-) Th Hen iTe11 mt.'te taxes minstallments ofspeiaIasscsmrnIswhcharc 0ay8hIc by Purchaser pursuant
to paralPh b0 05Contract; and
(t) The following liens or encubrances:
propert has existing finanancing ian amout less |hanthcamo1t financed under this cntact.
J.. DELIVERY OF DEED AND EVIDENCE OFIJ\l. Upon Purchaser's full pernancc ofthi! Contract,
SQl!er sh"ll:
(a) Exccure, acknowledge and dclivtt to Purchaser a marketble
Deed, in recordable form, convey
ing n\arketable title to the Property to ur00Mr subjet only to the
following exceptions:
(i) 000excpt0ns nRUvinpaagaph 2(a), (b), (c), (d) and (e) olIsL0nmt,
(ii) L\nS, onvurbn$, vctse cl<in& otothera0ers vbicb PurcbasctbascrosIcd,ut!creorpcnvitteo
to accrue mrte date 0fmioC0nW!,8n0
(iii) Th following liens or encumbrances;
an|iens or cncumbraccs procured by buyer after Idlcothis agreement
l!) Deliver t{) Purchaer the abstract oJtitle to dcProper)', without furher cxtcnsiont th extent required by
the rurcha!r .greement (if1y) between Seller and Purchaser,
WARt.G: Ul'AUTHI!C COVNO 0 THlFO lAOHlllHEO.
------
-7-''' d. o r1
r f>

Case 04-32969 Doc 14 Filed 07/27/04 Entered 07/27/04 14:54:00 Desc Converted
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UITED STATES BANRUPTCY COURT
In Re:
Deborah Leverty,
Debtor(s)
DISTRICT OF MINESOTA
Case No. 04-36-UDO
Chapter 13
MEMORANDUM OF LAW
Lenny Frolov ( "Movant") , submits this memorandum of law in
support of his motion for relief from the stay in the above
entitled matter.
b'AC'l'S
Movant holds a valid, duly perfected Contract for Deed on real
ILUI<L Ly owned by the Debtors. On the dnte thio C<OC wac filed,
the Debtor (s) was delinquent in respect of payments due under
Contract. Since this case was filed Debtor(s) has made no payments
to Movant and as of thie dAtF thereof are in arrears in the total
amount of $2,900.00.
ARGUMENT
Under Section 362. (c) (1) of the Bankruptcy Code, rel ief from
the automat.ic stay shall be granted upon request of a creditor "for
cause, including the lac}: of adequate protect ion o[ an interest in
property of such creditor." 11 U.S.C. Sec. 362 (d) (1). The
Debtor(s) in this case has failed to make the payments required by
the Contract for deed for n period of more than 1 month. Debtor(s)
has not otherwise provided Movant with adequate protection of its
interest in the property. Such circumstances constitute cause,
within the meaning of Section 362 (d) ( 1), justifying relief from
the stay. In Re Video East Inc. 41 B. R. 176 (Bkrtcy. E. D. Pa.
1984); In Re Frascatore, 33 B. R. 687 (Bkrtcy. E. D. Pa. 1983).
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Accordingly, Movant
stay and authorizing it
property.
Dated:
is entitled to an order terminating the
to cancel it's Contract for Deed on the
Respectfully submitted,
SHPIRO & NORDMEYER, L.L.P.
By! Lawrence P. ielke
Nancy A. Nordmeyer-121356
Lawrence P. Zlelke-152559
Attorney for Movant
7300 Metro Blvd., STE 390
Edina, MN 55439-2306
(952) 831 4060
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04-32969-DDO
STATE OF MINNESOTA
SS
COuNTY OF HENNEPIN
I, Stephanie Pilegaard says that on July 27, 2004, I mailed copies of the
iru1xeU Mit!lULc11UuLn of Law 1 Pro
p
osed Order for Relief from Ota, Notice of
Hearing and Motion for Relief from Stay and Certificate of Service on the
following interested parties at their last known address, by mailing to them,
via fi:st class mail, a copy thereof, enclosed in an envelope, postage
prepaid and by depositing the same in the post otfice at Edina, Minnesota.
Deborah Leverty
977 Jessie Street
SL. Paul, M 101
Mr. Robert J. Hoglund
Attorney at Law
1611 County Road B #106
Roseville, M 55113
Jasmine Z. Keller, Trustee
12 South 6th Street, #310
Minneapolis, MN 55402
U.S. Trustee
1015 U.S. Courthouse
300 South 4th Gt.
Minneapolis, M 55415
Subsc:ibed and sworn to before me July 27, 2004.
!,
Notary
.
I
..
LORI L
WIRTH
I
:
NOTAR't
>UBllC
MINNESOTA I ; MY COlflION
E)PJRSS
131205

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04-28353
In Re:
UNITED STATES BAKRUPTCY COURT
DISTRICT OF MINNESOTA
Chapter 13 Case:
Case Number BKY 04-32969-DDO
Deborah L,everty,
Debtor(s)
ORDER FOR RELIEF FROM STAY
The above - entitled matter came for hearing on August 18, 2 004,
before the undersigned, one of the 1udqes of the above-named court,
upon the Motion of Lenny Frolov, for relief from the automatic
stay. Appearances were as noted in the record.
The Court, having heard the arguments of counsel, and being
duly advised in the premises.
IT IS HEREBY ORDERED,
That the automatic stay provided by 11 USC Sec. 362(a), is
hereby terminated, with rPlfP<t. tn Tenny Frolov, to permit Lenny
Frolov to cancel that certain Contract for Deed dated Novemer 2,
2002, between Lenny Frolov, Seller and Deborah Leverty, Buyer, in
the oriqinal principal amount of $125,000.00, which was [iled in
the o[fice of the Recorder, on Novemer S, 2002, as Document No.
3550859, regarding certain land located in Ramsey County,
Minnesota, there existing cause to terminate the stay, including
lack of adequate protection.
NOTWITHSTADING Federal Rule of Bankruptcy
4001 (a) (J), this order io effective immediately.
BY THE COURT:
Procedure
of Bankruptcy Court