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IN THE UNITED STATES BANKRUPTCY COURT

FOR THE MIDDLE DISTRICT OF TENNESSEE


at Nashville

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. )

MOTION BY WELLS FARGO FINANCIAL TENNESSEE, INC.


FOR RELIEF FROM THE AUTOMATIC STAY

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

Motion, Wells Fargo states as follows:

1. This Court has jurisdiction over this contested matter pursuant to 28 U.S.C. §§

157 and 1334. This Motion is a core proceeding 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”).

3. Wells Fargo is a secured creditor of the Debtor by virtue of a Retail Installment

Sale Contract dated January 21, 2005 (the “Contract”), for which Debtor

purchased a certain 2002 BMW X5 bearing VIN 5UXFA53572LP32282 (the

“Collateral”).
4. Wells Fargo was granted a first priority, unavoidable, validly perfected security

interest in the Collateral as evidenced by its notation as lienholder on the

Certificate of Title.

5. A copy of the Contract and the Certificate of Title are attached to the Proof of

Claim filed by Wells Fargo.

6. As of January 7, 2011, the payoff on the Contract was $6,889.18.

7. The Debtor is in default under the Contract to Wells Fargo for nonpayment of the

amounts due thereunder in the approximate amount of $5,140.93, which

represents approximately 7 months in contract payments.

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

interests in the subject Collateral, including proof of insurance against loss or

damage to the subject Collateral.

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.

4001(a)(3) be waived, and Wells Fargo be allowed to immediately enforce any

order entered granting it relief from stay.

WHEREFORE, Wells Fargo Financial Tennessee, Inc. requests that:

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

applicable non-bankruptcy law;

2. The Trustee’s abandonment of the Collateral be approved;

3. Wells Fargo be granted the right to file an amended proof of claim upon

liquidation of the Collateral.


4. The provisions of Fed. R. Bankr. P. 4001(a)(3) be waived; and

5. Wells Fargo be granted such other and further relief as the Court deems

appropriate.

Respectfully submitted,

/s/ Victoria Ferraro


Victoria Ferraro (020707)
PROCHASKA THOMPSON QUINN &
FERRARO, P.C.
401 Church Street, Suite 2600
Nashville, Tennessee 37219
Phone: (615) 242-0060
Facsimile: (615) 242-0124
Email: victoriaferraro@ptqflelgal.com

Attorneys for Wells Fargo Financial


Tennessee, Inc.
CERTIFICATE OF SERVICE

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:

David Darnell Brown


P.O. Box 330985
Nashville, TN 37203

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

Dated: January 7, 2011.

/s/ Victoria Ferraro


Victoria Ferraro