NOTICE OF MOTION FOR RELIEF FROM AUTOMATIC STAY …DEILY, MOONEY & GLASTETTER, LLP 8 Thurlow Terrace Albany, New York 12203 (518) 436-0344 Martin A. Mooney, Esq. (MM 8333) UNITED STATES

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.

11-15606-scc Doc 146 Filed 01/17/12 Entered 01/17/12 12:39:11 Main Document Pg 1 of 6

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Docket #0146 Date Filed: 1/17/2012

2

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



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.


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.


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.


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 146-2 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


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

11-15606-scc Doc 146-3 Filed 01/17/12 Entered 01/17/12 12:39:11 Proposed Order Pg 1 of 2

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


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

11-15606-scc Doc 146-4 Filed 01/17/12 Entered 01/17/12 12:39:11 Certificate of Service Pg 1 of 1

Documents

NOTICE OF MOTION FOR RELIEF FROM AUTOMATIC STAY …DEILY, MOONEY & GLASTETTER, LLP 8 Thurlow Terrace Albany, New York 12203 (518) 436-0344 Martin A. Mooney, Esq. (MM 8333) UNITED STATES