UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA In re: Abelard R. Mendoza, Debtor ) ) ) Case No.

BTY012 1098694AB Chapter 7

MOTION FOR RELIEF FROM THE AUTOMATIC STAY

Automotive Financing, Inc., a creditor (hereinafter Movant), by and through its undersigned attorney, do so move this Court to Order the lifting of the automatic stay under 11 U.S.C. 362(d) and Federal Rules of Bankruptcy Procedure 4001 so as to allow said movant to repossess its secured interest, for cause and to provide movant adequate protection. Movant respectfully submits the following:

1. Debtor, Abelard R. Mendoza, entered into a Promissory Note and Security Agreement with Automotive Financing, Inc., movant, on September 1, 2011 for the purchase of one Cadillac Deville with VIN # 2010L87H87 (hereinafter Cadillac Deville). 2. Movant is currently the lienholder on the vehicle, and is properly noted on the title. As such, movant is the proper claimant of the secured claim against the Debtor, for the Cadillac Deville. 3. Debtor filed a bankruptcy petition on May 1, 2013 with this Court under Chapter 7. 4. Debtor currently owes $25,000.00 to movant for the vehicle. The Cadillac Deville is currently fair-market valued at $23,000.00. Therefore, Debtor has no equity in the vehicle. 5. Debtor in his Notice of Intent does not indicate a plan to either redeem or reaffirm the debt to movant. 6. Debtor, through his attorney and to office of the attorney for the movant, has indicated an inclination to surrender the vehicle to movant. 7. Movant already has a potential buyer for said vehicle. 8. Movant therefor states that it lacks adequate protection of its interest during the automatic stay and is entitled to relief from the automatic stay.

We therefor respectfully move this Court to grant an order to terminate the automatic stay so as to grant relief to movant, and to provide adequate protection to movants interests.

Date: May 21, 2013 _/s/________________ Riley Smith Zeffers, Abrams and Smith, P.A. 365 Lincoln Street Richfield, MN 55423 952-715-0000