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DEILY, MOONEY & GLASTETTER, LLP 8 Thurlow Terrace Albany, New York 12203 (518) 436-0344 Martin A. Mooney, Esq. (MM 8333) UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK _____________________________________ In Re:

NOTICE OF MOTION FOR RELIEF FROM AUTOMATIC STAY PURSUANT TO 11 U.S.C. SECTION 362(d)(1) GETTY PETROLEUM MARKETING INC.,

Debtor. _______________________________________

Chapter 11 Case No. 11-15606-SCC 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.

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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, 2012 Albany, New York

Yours, etc. /s/ Martin A. Mooney Martin A. Mooney, Esq. DEILY, MOONEY & GLASTETTER, LLP Attorneys for Creditor Ford Motor Credit Company LLC 8 Thurlow Terrace Albany, New York 12203-1006 Tel. (518) 436-0344

TO: John H. Bae, Esq. Attorney for Debtor Greenberg Traurig, LLP Met Life Building 200 Park Avenue New York, NY 10166 Office of the U.S. Trustee 33 Whitehall Street, 21st Floor New York, NY 10004-2112 Getty Terminals Corp. (Debtor) 1500 Hempstead Tpke. East Meadow, NY 11554 Official Committee of Unsecured Creditors c/o Andrew Goldman, Esq. Wilmer Cutler Pickering Hale and Dorr LLP 399 Park Avenue New York, NY 10022 11.05743

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DEILY, MOONEY & GLASTETTER, LLP 8 Thurlow Terrace Albany, New York 12203 (518) 436-0344 Martin A. Mooney, Esq. (MM 8333) UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ___________________________________ In Re:

MOTION FOR RELIEF FROM AUTOMATIC STAY PURSUANT TO 11 U.S.C. SECTION 362(d)(1) GETTY PETROLEUM MARKETING INC., Debtor.

Chapter 11 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.

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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.

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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. 11.

The debtor does not possess an equity interest in the collateral.

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.

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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, 2012 Albany, New York

FORD MOTOR CREDIT COMPANY LLC By Its Counsel /s/ Martin A. Mooney Martin A. Mooney, Esq. DEILY, MOONEY & GLASTETTER, LLP 8 Thurlow Terrace Albany, New York 12203-1006 Tel. (518) 436-0344

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NYS DMV - Check the Status of a Title Certificate or a Lien - Verify Your Vehicle Infor... Page 1 of 1 11-15606-scc Doc 146-1 Filed 01/17/12 Entered 01/17/12 12:39:11 Exhibit A Pg 3 of 3 New York State DMV - Internet Office Transactions

Check the Status of a Title Certificate or a Lien Step 2: Verify Your Vehicle Information VIN number: 1FTWF3BR4AEA70014 Model year: 2010

Instructions for Step 2:

Vehicle Make: FORD Title Issue 04/12/2010 Date: Number of 01 Liens: Liens: FORD MOTOR CREDIT CO

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.

https://transact.dmv.ny.gov/TitleStatus/iviqVerifyVehInfo.cfm

12/14/2011

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Affidavit of

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Affidavit of

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Proposed

DEILY, MOONEY & GLASTETTER, LLP 8 Thurlow Terrace Albany, New York 12203 (518) 436-0344 Martin A. Mooney, Esq. (MM 8333) UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK _______________________________________ In Re: GETTY PETROLEUM MARKETING INC.,

Chapter 11 Case No. 11-15606-SCC Jointly Administered

Debtor. _________________________________________

ORDER GRANTING RELIEF FROM AUTOMATIC STAY PURSUANT 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

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Proposed

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 __, 2012 New York, New York ____________________________________ Hon. Shelley C. Chapman United States Bankruptcy Judge Southern District of New York

E N T E R:

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Certificate

DEILY, MOONEY & GLASTETTER, LLP 8 Thurlow Terrace Albany, New York 12203 (518) 436-0344 Martin A. Mooney, Esq. (MM 8333) UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK _____________________________________ In Re: GETTY PETROLEUM MARKETING INC.,

Chaper 11 Case No. 11-15606-SCC Jointly Administered

Debtor. _______________________________________

CERTIFICATE OF SERVICE I, GEORGIA C. VISCONTI, certify that I am not less than eighteen (18) years of age; that service 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

Official Committee of Unsecured Creditors c/o Andrew Goldman, Esq. Wilmer Cutler Pickering Hale and Dorr LLP 399 Park Avenue New York, NY 10022 (with Notice of Motion only)

Office of the U.S. Trustee 33 Whitehall Street, 21st Floor New York, NY 10004-2112 E-Mail Service: via e-mail notification to the following: John H. Bae, Esq. Attorney for Debtor Greenberg Traurig, LLP Met Life Building 200 Park Avenue New York, NY 10166

/s/ Georgia C. Visconti Georgia C. Visconti 11.05743