IS 12203 (1999): Lithium Base Grease for Automotive Purposes
NOTICE OF MOTION FOR RELIEF FROM AUTOMATIC STAY …DEILY, MOONEY & GLASTETTER, LLP 8 Thurlow Terrace...
Transcript of NOTICE OF MOTION FOR RELIEF FROM AUTOMATIC STAY …DEILY, MOONEY & GLASTETTER, LLP 8 Thurlow Terrace...
DEILY, MOONEY & GLASTETTER, LLP8 Thurlow TerraceAlbany, New York 12203(518) 436-0344Martin A. Mooney, Esq. (MM 8333)
UNITED STATES BANKRUPTCY COURTSOUTHERN DISTRICT OF NEW YORK_____________________________________
In Re: NOTICE OF MOTION FOR RELIEFFROM AUTOMATIC STAY PURSUANTTO 11 U.S.C. SECTION 362(d)(1)
GETTY PETROLEUM MARKETING INC., Chapter 11
Case No. 11-15606-SCCDebtor. Jointly Administered
_______________________________________
SIRS:
PLEASE TAKE NOTICE that upon the Motion for Relief from Automatic Stay pursuant to
11 U.S.C. Section 362(d)(1), of secured creditor, Ford Motor Credit Company LLC, dated
January 9, 2012, the undersigned will move at a hearing to be held at the United States Bankruptcy
Court, U.S. Courthouse, One Bowling Green, New York, New York on the 13th day of March,
2012 at 10:00 a.m. of that day, or as soon thereafter as counsel can be heard, for an Order, pursuant
to 11 U.S.C. Section 362(d)(1), granting such creditor relief from automatic stay, or, in the
alternative, directing the debtor, above-named, to immediately provide for the adequate protection
of any property subject to the security interests of such creditor; and for such other and further
relief as to the Court may seem just and proper.
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PLEASE TAKE FURTHER NOTICE that pursuant to Rule 9006-1, Local Rules of
Bankruptcy Practice for the Southern District of New York, answering papers and memoranda of
law, if any, must be filed with the Court and served upon the undersigned so as to be received by
the undersigned no later than seven (7) days before the return date of this motion.
DATED: January 9, 2012Albany, New York Yours, etc.
/s/ Martin A. Mooney Martin A. Mooney, Esq.DEILY, MOONEY & GLASTETTER, LLPAttorneys for CreditorFord Motor Credit Company LLC8 Thurlow TerraceAlbany, New York 12203-1006Tel. (518) 436-0344
TO: John H. Bae, Esq.
Attorney for DebtorGreenberg Traurig, LLPMet Life Building200 Park AvenueNew York, NY 10166
Office of the U.S. Trustee33 Whitehall Street, 21st FloorNew York, NY 10004-2112
Getty Terminals Corp. (Debtor)1500 Hempstead Tpke.East Meadow, NY 11554
Official Committee of Unsecured Creditorsc/o Andrew Goldman, Esq.Wilmer Cutler Pickering Hale and Dorr LLP399 Park AvenueNew York, NY 10022
11.05743
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DEILY, MOONEY & GLASTETTER, LLP8 Thurlow TerraceAlbany, New York 12203(518) 436-0344Martin A. Mooney, Esq. (MM 8333)
UNITED STATES BANKRUPTCY COURTSOUTHERN DISTRICT OF NEW YORK___________________________________
In Re: MOTION FOR RELIEF FROMAUTOMATIC STAY PURSUANTTO 11 U.S.C. SECTION 362(d)(1)
GETTY PETROLEUM MARKETING INC.,
Chapter 11Debtor. Case No. 11-15606-SCC
Jointly Administered______________________________________
Ford Motor Credit Company LLC, a secured creditor in the above-captioned bankruptcy
case, by its counsel, DEILY, MOONEY & GLASTETTER, LLP, as and for a Motion for Relief
from Automatic Stay pursuant to 11 U.S.C. Section 362(d)(1), or, in the alternative, for adequate
protection, states the following as grounds therefor:
1. On December 5, 2011, the debtor, above-named, filed a voluntary petition in
Bankruptcy under Title 11, Case No. 11-15608-SCC, Chapter 11, U.S.C., in the United States
Bankruptcy Court, for the Southern District of New York.
2. The Court has jurisdiction to entertain this motion under 28 U.S.C. Section 157.
3. Ford Motor Credit Company LLC is a secured creditor herein and the holder of a
duly perfected purchase money security interest in one (1) 2011 Ford F350 (V.I.N.
1FTWF3BR4AEA70014) (hereinafter "collateral") owned by and, upon information and belief, in
the possession and control of the debtor, above-named.
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4. Pursuant to 11 U.S.C. Section 362, upon the commencement of the instant
bankruptcy case, Ford Motor Credit Company LLC is stayed from taking any action against the
debtor to obtain possession of the collateral.
5. On March 18, 2010, the debtor entered into a Retail Installment Contract (hereinafter
"Contract") with Johnson Ford, Inc. (hereinafter "dealer") for the purchase of the collateral.
Pursuant to the terms and conditions of the Contract, the dealer was granted a purchase money
security interest in the collateral. Thereafter, the Contract, pursuant to its terms, was duly assigned
by the dealer to Ford Motor Credit Company LLC for good and valuable consideration. Ford
Motor Credit Company LLC is now the holder and owner of said Contract. A copy of the Contract
and evidence of the recorded lien are collectively annexed hereto and referred to as Exhibit "A" and
made a part hereof.
6. As of January 9, 2012, the debtor was in default of its payment obligations to Ford
Motor Credit Company LLC pursuant to the terms and conditions of the Contract as follows:
a. Net balance due: $29,222.90
b. Pre-petition arrears: monthly payment of $1,092.05 for the month of December, 2011, together with contractual late charges.
c. Post-petition arrears: $1,092.05 for the month of January, 2012, together with applicable late charges.
(NOTE: The foregoing does not represent any amount which may be due for costs and attorneys'
fees as may be allowed by the Court.)
7. Ford Motor Credit Company LLC has ascertained that the wholesale value of its
security is TWENTY-THREE THOUSAND SIX HUNDRED TWENTY-FIVE and 00/100
($23,625.00) DOLLARS based on estimated value of the collateral in average condition.
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8. Upon information and belief, the debtor continues to enjoy the use and possession of
the collateral.
9. It is respectfully asserted that Ford Motor Credit Company LLC's interest in the
collateral will not be adequately protected if the automatic stay is allowed to remain in effect.
10. Accordingly, sufficient cause exists to grant Ford Motor Credit Company LLC relief
from the automatic stay herein which includes, but is not limited to, the following:
a. The debtor is in default under the terms and conditions of the Retail
Installment Contract.
b. The security interest of Ford Motor Credit Company LLC with respect to the
collateral is not adequately protected as envisioned under 11 U.S.C. Section 361.
c. The debtor does not possess an equity interest in the collateral.
11. It is respectfully submitted that Ford Motor Credit Company LLC is in a more
advantageous position to obtain an optimum price for the sale of the collateral thereby increasing
the possibility of generating a surplus for distribution to creditors of the estate.
12. Alternatively, in the event relief from automatic stay is not granted, then Ford Motor
Credit Company LLC respectfully requests that the Court compel the debtor to provide adequate
protection to Ford Motor Credit Company LLC (a) curing any default of payment obligations
arising pursuant to the terms and conditions of the Contract; (b) continuing to make payment in
timely fashion thereunder, (c) maintaining adequate and continuous insurance coverage on the
collateral, and (d) providing such other adequate protection as the Court may deem proper.
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13. In the event this request for adequate protection is granted, and the debtor retains
possession of the collateral, then Ford Motor Credit Company LLC respectfully requests that it be
entitled to the immediate possession of the collateral without further Court proceedings in the event
of default by the debtor under any provisions for adequate protection which may be awarded herein.
14. No prior application for the relief requested herein has been made.
WHEREFORE, Ford Motor Credit Company LLC respectfully requests that the Court issue
an Order, pursuant to 11 U.S.C. Section 362 (a) granting Ford Motor Credit Company LLC from
automatic stay in order to obtain possession and dispose of its collateral, or, in the alternative,
(b) directing the debtor to provide for the adequate protection of the security interest of Ford Motor
Credit Company LLC in the collateral as hereinabove requested, and for such other and further
relief as to the Court may seem just and proper.
DATED: January 9, 2012Albany, New York FORD MOTOR CREDIT COMPANY LLC
By Its Counsel
/s/ Martin A. Mooney Martin A. Mooney, Esq.DEILY, MOONEY & GLASTETTER, LLP8 Thurlow TerraceAlbany, New York 12203-1006Tel. (518) 436-0344
11.05743
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Step 2: Verify Your Vehicle Information
New York State DMV - Internet Office Transactions
Check the Status of a Title Certificate or a Lien
VIN number: 1FTWF3BR4AEA70014Model year: 2010
Vehicle Make: FORD
Title Issue Date: 04/12/2010
Number of Liens: 01
Liens: FORD MOTOR CREDIT CO
Instructions for Step 2:
Make sure that the VIN number, year and make are for your vehicle. They should match the information printed on your vehicle's registration documents.
If you recently ordered a duplicate title, please allow 1 to 2 weeks from the Title Issue Date to receive your title in the mail.
If this is NOT the correct vehicle...
Use your browser's "Back" button to return to Step 1 and verify your entries. Make any necessary corrections and try again.
If you have entered all of your information correctly, and this page still shows the wrong vehicle, then you will need to contact the Title Services Bureau.
Page 1 of 1NYS DMV - Check the Status of a Title Certificate or a Lien - Verify Your Vehicle Infor...
12/14/2011https://transact.dmv.ny.gov/TitleStatus/iviqVerifyVehInfo.cfm
11-15606-scc Doc 146-1 Filed 01/17/12 Entered 01/17/12 12:39:11 Exhibit A Pg 3 of 3
11-15606-scc Doc 146-2 Filed 01/17/12 Entered 01/17/12 12:39:11 Affidavit of Fact Pg 1 of 2
11-15606-scc Doc 146-2 Filed 01/17/12 Entered 01/17/12 12:39:11 Affidavit of Fact Pg 2 of 2
DEILY, MOONEY & GLASTETTER, LLP8 Thurlow TerraceAlbany, New York 12203(518) 436-0344Martin A. Mooney, Esq. (MM 8333)
UNITED STATES BANKRUPTCY COURTSOUTHERN DISTRICT OF NEW YORK_______________________________________
In Re:Chapter 11
GETTY PETROLEUM Case No. 11-15606-SCCMARKETING INC., Jointly Administered
Debtor._________________________________________
ORDER GRANTING RELIEF FROM AUTOMATIC STAYPURSUANT TO 11 U.S.C. SECTION 362(d)(1)
Creditor, Ford Motor Credit Company LLC, having moved for an Order, pursuant to
11 U.S.C. Section 362(d)(1), authorizing relief from automatic stay herein, or the granting of
adequate protection herein,
UPON reading and filing the Notice and Motion for Relief from Automatic Stay, pursuant
to 11 U.S.C. Section 362(d)(1), dated January 9, 2012, together with the exhibits annexed thereto
and due proof of service thereof, and upon all pleadings and proceedings heretofore had herein, and
no opposition having been interposed, and due deliberation having been had thereon and good and
sufficient cause appearing
NOW, on motion of Ford Motor Credit Company LLC, by its counsel, Deily, Mooney &
Glastetter, LLP, it is hereby
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ORDERED, that pursuant to 11 U.S.C. Section 362(d)(1) the Motion of creditor, Ford
Motor Credit Company LLC, for Relief from Automatic Stay is granted; and it is further
ORDERED, that the automatic stay instituted upon the filing of the petition for an Order
for relief by the debtor, above named, be, and the same hereby is, terminated in that it shall not
apply to any action by creditor, Ford Motor Credit Company LLC, to recover possession and
dispose of its collateral; namely, one (1) 2011 Ford F350 (V.I.N. 1FTWF3BR4AEA70014).
DATED: March __, 2012New York, New York
____________________________________Hon. Shelley C. ChapmanUnited States Bankruptcy Judge
Southern District of New York
E N T E R: 11.05743
11-15606-scc Doc 146-3 Filed 01/17/12 Entered 01/17/12 12:39:11 Proposed Order Pg 2 of 2
DEILY, MOONEY & GLASTETTER, LLP8 Thurlow TerraceAlbany, New York 12203(518) 436-0344Martin A. Mooney, Esq. (MM 8333)
UNITED STATES BANKRUPTCY COURTSOUTHERN DISTRICT OF NEW YORK_____________________________________
In Re:
GETTY PETROLEUM Chaper 11MARKETING INC., Case No. 11-15606-SCC
Jointly AdministeredDebtor.
_______________________________________
CERTIFICATE OF SERVICE
I, GEORGIA C. VISCONTI, certify that I am not less than eighteen (18) years of age; thatservice of the Notice of Motion, Motion for Relief from Automatic Stay Pursuant to 11 U.S.C.Section 362(d)(1) (with attached Exhibits) and Affidavit of Fact was made on January 17, 2012.
Mail Service: Regular, first-class United States mail, postage fully pre-paid, addressed to:
Getty Terminals Corp. (Debtor)1500 Hempstead Tpke.East Meadow, NY 11554
Office of the U.S. Trustee33 Whitehall Street, 21st FloorNew York, NY 10004-2112
Official Committee of Unsecured Creditorsc/o Andrew Goldman, Esq.Wilmer Cutler Pickering Hale and Dorr LLP399 Park AvenueNew York, NY 10022(with Notice of Motion only)
E-Mail Service: via e-mail notification to the following:
John H. Bae, Esq.Attorney for DebtorGreenberg Traurig, LLPMet Life Building200 Park AvenueNew York, NY 10166
/s/ Georgia C. Visconti Georgia C. Visconti
11.05743
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