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IN RE US AIRWAYS, INC. (Bankr.E.D.Va. 2005)

United States Bankruptcy Court, E.D. Virginia, Alexandria Division.
Jan 4, 2005
ORDER GRANTING RELIEF FROM THE AUTOMATIC STAY

STEPHEN MITCHELL, Bankruptcy Judge

THIS CAUSE came upon the Motion for Relief from the Automatic Stay filed herein by General Motors Acceptance Corporation ("GMAC");

WHEREUPON, it appearing to the Court that the debtor-defendant is in default in payments under the Lease Agreement with GMAC relative to a 2004 Chevrolet Trailblazer, VIN 1GNDT13S142301809;

WHEREUPON, it appearing to the Court that the debtor-defendant has surrendered the vehicle involved herein to GMAC; it is therefore,

ORDERED that GMAC is granted relief from the automatic stay of the Bankruptcy Code with respect to the aforesaid vehicle;

It is further ORDERED that the ten (10) day period provided for in Rule 4001(a)(3) of the Bankruptcy Rules be, and hereby is, waived, and such relief from stay shall become effective immediately upon entry of this Order;

It is further ORDERED that GMAC shall file an amended Proof of Claim subsequent to the sale of the vehicle involved herein;

It is further ORDERED that this Order shall survive any conversion of the case or subsequent re-filings by the debtor;

Copies of this Order shall be mailed or electronically transmitted to Carl A. Eason, One Columbus Center, Suite 1100, Virginia Beach, Virginia 23462, counsel for GMAC; Lawrence E. Rifken, Esquire, 1750 Tysons Boulevared, Suite 1800, McLean, VA 22102-3915, counsel for debtor, to W. Clarkson McDow, Jr., Esquire, Office of the U.S. Trustee, 115 South Union Street, Alexandria, VA 22314, to the debtor, 2345 Crystal Drive, Arlington, VA 22227, and to Malcolm M. Mitchell, Jr., Esquire, 277 South Washington Street, Suite 310, Alexandria, VA 22314, Counsel for the Official Committee of Unsecured Creditors.