Opinion
Case No. 3:11-bk-32218.
July 11, 2011
Stanley F. Roden, Attorney for First National Bank, Knoxville, TN.
Robert G. Hinton, Attorney for Debtor, Sproul Hinton, Lenoir City, TN.
Ann Mostoller, Bankruptcy Trustee, Oak Ridge, TN.
AGREED ORDER
Come the parties, as evidenced by the signature of their respective counsel hereon, and announce to the Court that an agreement has been reached regarding relief from the automatic stay, and in support there of would state as follows:
1. First National Bank retains a perfected security interest in real estate located at 3740 Sweetwater Vonore Road, Sweetwater, (Monroe County), TN 37874.
2. The debtor seeks to surrender the real property and there is no equity in the real property above for the benefit of the debtor or his estate.
3. The payoff balance is One Hundred Fifty Eight Thousand One Hundred Thirty Eight and 92 cents ($158,138.92), as of May 6, 2011.
4. First National Bank is entitled to relief from the automatic stay so that it may protect its interest in the real property described above.
5. The trustee by signing this Order abandons any interest that the Trustee may have in the property.
IN VIEW OF THE ABOVE, it is ORDERED: That the automatic stay provided by 11 U.S.C. § 362 is terminated so that First National Bank may foreclose the real property located at 3740 Sweetwater Vonore Road, Sweetwater, (Monroe County), Tennessee 37874 pursuant to its deed of trust of record in Book Y-27, page 426, Register's Office, Monroe County, Tennessee, and applicable state law and further that the fourteen (14) day stay provided by Bankruptcy Rule 4001(a)(3) shall not apply to this order.
SO ORDERED.
SIGNED this 8th day of July, 2011 THIS ORDER HAS BEEN ENTERED ON THE DOCKET. PLEASE SEE DOCKET FOR ENTRY DATE.