Eric S. Dale and Monique-Cheri T. Pierre

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF NEW MEXICO
IN RE:
Eric S. Dale, 5279,
fdba Distinction Investments, Inc.,
fdba Darshan Properties, LLC,
dba Value Plus Properties, LLC,
and Monique-Cheri T. Pierre, 0982,
aka Cheri Teresa Pierre,
Debtor(s). Case No. 7 10-10350 SA
ORDER GRANTING SUNTRUST MORTGAGE, INC.’S
MOTION TO ABANDON PROPERTY LOCATED AT XXX[sic] PINSON DRIVE, NORTH PORT,
FLORIDA
THIS MATTER having come before the Court on the Motion to Abandon
Property located at XXX[sic] Pinson Drive, North Port, Florida, filed by the Creditor SunTrust
Mortgage, Inc. on July 8, 2010; a Notice of Objection Deadline to Motion to Abandon Property
and Motion to Abandon were transmitted to the Debtor(s), attorney for the Debtor(s), and
Trustee on July 8, 2010, the objection deadline was August 2, 2010 and the time to file an
objection to the Motion has passed, and no objection has been received from the Debtor(s),
attorney for the Debtor(s) or Trustee. In compliance with the Soldiers' and Sailors' Civil Relief
Act of 1940, as amended, the attorney for the Creditor certifies under penalty of perjury by her
signature herein, that she has complied with the Servicemembers Civil Relief Act, through
receipt of a response from the Department of Defense Manpower Data Center, which states
that Monique-Cheri T. Pierre is not a member of the military service of the United States or her
allies. The Debtor Eric S. Dale did not sign the Note, therefore Creditor does not have his full
social security number. Having reviewed the Debtors' Statements and Schedules, the attorney
for the creditor states to the best of her knowledge the Debtor Eric S. Dale is not, as of this
date, a member of the military service of the United States or her allies. The Court having
considered the Motion and finding that Creditor is entitled to an Order abandoning the property,
Case 10-10350-s7 Doc 26 Filed 08/06/10 Entered 08/06/10 10:03:46 Page 1 of 3

and being otherwise advised in the premise;
IT IS, THEREFORE, THE ORDER OF THIS COURT that the certain property
located in the County of Sarasota, State of Florida, and more particularly described as:
Lot 38 in Block 2530, 51st Addition to Port Charlotte, a Subdivision, according to
the Plat thereof, as recorded in Plat Book 21, at Page 8, of the Public Records of
Sarasota County, Florida
and having an address of XXX[sic] Pinson Drive, North Port, Florida, is hereby deemed
abandoned, and the Creditor, its successors, assigns and/or real party in interest, and any and
all junior lienholders are permitted to proceed with foreclosure action and/or Trustee's Sale
pursuant to the Deed of Trust and the laws of the State of Florida, including the transmittal of
any default letter required by the loan documents.
IT IS FURTHER THE ORDER OF THIS COURT that this Order shall retain its
effect and validity should this case be converted to another Chapter proceeding, and Creditor
shall be able to foreclose its interests in the appropriate Court and/or conduct a Trustee's Sale.
James S. Starzynski
U S BANKRUPTCY COURT JUDGE
Date Entered on Docket: August 6, 2010
SUBMITTED BY:
SUSAN C. LITTLE & ASSOCIATES, P.A.
By: KAREN H. BRADLEY/ S/ Electronically Submitted/ 8.5.10
Attorney for Creditor
4501 Indian School Road NE, Ste. 101
Albuquerque, New Mexico 87110
Post Office Box 3509
Albuquerque, New Mexico 87190-3509
(505) 254-7767 Fax: (505) 254-4706
FOR INFORMATION PURPOSES ONLY:
Philip J. Montoya
Trustee
P.O. Box 159
Albuquerque, NM 87103
Case 10-10350-s7 Doc 26 Filed 08/06/10 Entered 08/06/10 10:03:46 Page 2 of 3

Albert W. Schimmel
Attorney for Debtor(s)
320 Gold Avenue SW
Suite 300A
Albuquerque, NM 87103
Eric S. Dale
Monique-Cheri T. Pierre
Debtors
2916 Sierra Vista St. NW
Albuquerque, NM 87107
Bankruptcy of Eric S. Dale and Monique-Cheri T. Pierre; USBC No. 7 10-10350 SA; P/A: XXX[sic] Pinson Drive,
North Port, FL 34287
Case 10-10350-s7 Doc 26 Filed 08/06/10 Entered 08/06/10 10:03:46 Page 3 of 3